[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[From the U.S. Government Printing Office]



[[Page i]]


          40


          Part 52 (Sec.  52.1019 to end of part 52)

                         Revised as of July 1, 2009


          Protection of Environment




________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2009
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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[[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........................    1155
      Alphabetical List of Agencies Appearing in the CFR......    1175
      List of CFR Sections Affected...........................    1185

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 52.1020 
                       refers to title 40, part 
                       52, section 1020.

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2009), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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

OMB CONTROL NUMBERS

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

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

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

[[Page vii]]


REPUBLICATION OF MATERIAL

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

INQUIRIES

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register. The NARA site also contains links to GPO Access.

    Raymond A. Mosley,
    Director,
    Office of the Federal Register.
    July 1, 2009.







[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-two 
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 
of part 52), parts 53-59, part 60 (60.1-end of part 60, sections), part 
60 (Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-
63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63 
(63.6580-63.8830), part 63 (63.8980-end of part 63) parts 64-71, parts 
72-80, parts 81-84, part 85-Sec.  86.599-99, part 86 (86.600-1-end of 
part 86), parts 87-99, parts 100-135, 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, parts 790-999, and part 1000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of July 1, 2009.

    Chapter I--Environmental Protection Agency appears in all thirty-two 
volumes. Regulations issued by the Council on Environmental Quality, 
including an Index to Parts 1500 through 1508, appear in the volume 
containing part 1000 to end. The OMB control numbers for title 40 appear 
in Sec.  9.1 of this chapter.

    For this volume, Jonn V. Lilyea was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.


[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




      (This book contains part 52, Sec. 52.1019 to end of part 52)

  --------------------------------------------------------------------
                                                                    Part

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

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




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


  Editorial Note: Nomenclature changes to chapter I appear at 65 FR 
47324, 47325, Aug. 2, 2000, 66 FR 34375, 34376, June 28, 2001, and 69 FR 
18803, Apr. 9, 2004.

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

[[Page 5]]



                  SUBCHAPTER C_AIR PROGRAMS (CONTINUED)





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




Sec.

                             Subpart U_Maine

52.1019 [Reserved]
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.
52.1037 Identification of plan section.

                           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 strategy plans for attainment and rate-of-progress: 
          Ozone.
52.1077 Source surveillance.
52.1078 Extensions.
52.1079 Requirements for state implementation plan revisions relating to 
          new motor vehicles.
52.1080 Photochemical Assessment Monitoring Stations (PAMS) Program.
52.1081 Control strategy: Particulate matter.
52.1082-52.1083 [Reserved]
52.1084 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.1085 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
52.1086-52.1099 [Reserved]
52.1100 Original identification of plan section.
52.1101-52.1109 [Reserved]
52.1110 Small business stationary source technical and environmental 
          compliance assistance program.
52.1111-52.1115 [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 Control strategy: Ozone.
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.
52.1148-52.1158 [Reserved]
52.1159 Enhanced motor vehicle inspection and maintenance.
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.

[[Page 6]]

                           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.
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.
52.1186 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.1187 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
52.1188 Conditional approval.
52.1190 Original identification of plan section.

                           Subpart Y_Minnesota

52.1219 Identification of plan--conditional approval.
52.1220 Identification of plan.
52.1221 Classification of regions.
52.1222 Original identification of plan.
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.
52.1240 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.1241 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?

                          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 [Reserved]
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: Carbon monoxide.
52.1374 Control strategy: Particulate matter.
52.1375 Control strategy: Lead.
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.
52.1385-52.1386 Source surveillance.
52.1387 Visibility protection.
52.1388 Stack height regulations.
52.1389 [Reserved]
52.1390 Missoula variance provision.
52.1391 Emission inventories.
52.1392 Federal Implementation Plan for the Billings/Laurel Area.
52.1393 Interstate Transport Declaration for the 1997 8-hour ozone and 
          PM2.5 NAAQS.

                           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]

[[Page 7]]

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.

                        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 Control strategy: Carbon monoxide.
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.
52.1534 Control strategy: Ozone.

                          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 Control strategy: carbon monoxide.
52.1582 Control strategy and regulations: Ozone.
52.1583 Requirements for state implementation plan revisions relating to 
          new motor vehicles.
52.1584 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.1585 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
52.1586-52.1600 [Reserved]
52.1601 Control strategy and regulations: Sulfur oxides.
52.1602 Control strategy and regulations: PM2.5.
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 [Reserved]
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.

[[Page 8]]

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 Control strategy: Carbon monoxide.
52.1683 Control strategy: Ozone.
52.1686-52.1688 [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.
52.1784 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.1785 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?

                         Subpart JJ_North Dakota

52.1820 Identification of plan.
52.1821 Classification of regions.
52.1822 Approval status.
52.1823 [Reserved]
52.1824 Review of new sources and modifications.
52.1825-52.1828 [Reserved]
52.1829 Prevention of significant deterioration of air quality.
52.1831 Visibility protection.
52.1832 Stack height regulations.
52.1833 [Reserved]
52.1834 Minor source permit to operate program.
52.1835 Change to approved plan.
52.1836 Change to approved plan.
52.1837 Original identification of plan section.

                             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 Control strategy: Nitrogen dioxide.
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).
52.1882-52.1883 [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.
52.1891 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.1892 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
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.
52.1932-52.1933 [Reserved]
52.1934 Prevention of air pollution emergency episodes.
52.1935 Small business assistance program.
52.1960 Original Identification of plan section.

                            Subpart MM_Oregon

52.1970 Identification of plan.
52.1971 Classification of regions.
52.1972 Approval status.
52.1973 Approval of plans.
52.1974-52.1976 [Reserved]
52.1977 Content of approved State submitted implementation plan.
52.1978-52.1981 [Reserved]
52.1982 Control strategy: Ozone.
52.1983-52.1986 [Reserved]
52.1987 Significant deterioration of air quality.
52.1988 Air contaminant discharge permits.

[[Page 9]]

                         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 [Reserved]
52.2027 Approval status of Pennsylvania's Generic NOX and VOC 
          RACT Rules.
52.2028-52.2029 [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 base year emission inventory.
52.2037 Control strategy plans for attainment and rate-of-progress: 
          Ozone.
52.2038 Rate of Progress Plans: Ozone.
52.2039 [Reserved]
52.2040 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.2041 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
52.2042-52.2053 [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.
52.2063 Original identification of plan section.

                         Subpart OO_Rhode Island

52.2070 Identification of plan.
52.2071 Classification of regions.
52.2072 Approval status.
52.2073 General requirements.
52.2074 Legal authority.
52.2075 Source surveillance.
52.2076 Attainment dates for national standards.
52.2078 Enforcement.
52.2079 Requirements for state implementation plan revisions relating to 
          new motor vehicles.
52.2080 Revisions.
52.2081 EPA-approved Rhode Island State regulations.
52.2082 [Reserved]
52.2083 Significant deterioration of air quality.
52.2084 Rules and regulations.
52.2085 Stack height review.
52.2086 Emission inventories.
52.2087 Original identification of plan section.
52.2088 Control strategy: Ozone
52.2089 Control strategy: carbon monoxide.

                        Subpart PP_South Carolina

52.2119 Identification of plan-conditional approval.
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.
52.2140 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.2141 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?

                         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.
52.2185 Change to approved plan.
52.2186 Original identification of plan section.

                          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.

[[Page 10]]

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.
52.2240 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.2241 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?

                            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 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.2284 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
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.
52.2287-52.2298 [Reserved]
52.2299 Original identification of plan section.
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 Extensions.
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.
52.2352 Change to approved plan.
52.2353 Control strategy: Carbon monoxide.
52.2354 Interstate transport.

                           Subpart UU_Vermont

52.2370 Identification of plan.
52.2371 Classification of regions.
52.2372 Approval status.
52.2373 Legal authority.
52.2374 General requirements.
52.2375 Attainment dates for national standards.
52.2377 Review of new sources and modifications.
52.2378 Certification of no facilities.
52.2379 [Reserved]
52.2380 Significant deterioration of air quality.
52.2381 EPA-approved Vermont State regulations.
52.2382 Rules and regulations.
52.2383 Visibility protection.
52.2384 Stack height review.
52.2385 Requirements for state implementation plan revisions relating to 
          new motor vehicles.
52.2386 Original identification of plan section.

                           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.

[[Page 11]]

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 Control strategy: Particulate matter.
52.2430-52.2432 [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.
52.2465 Original identification of plan section.

                          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 Approval of plans.
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.
52.2499 Interstate Transport for the 1997 8-hour ozone and PM2.5 NAAQS.

                        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 Control strategy: Particulate matter.
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.
52.2540 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.2541 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
52.2560 Small business technical and environmental compliance assistance 
          program.
52.2565 Original identification of plan section.

                          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.
52.2587 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.2588 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
52.2589 Wisconsin construction permit permanency revision.

                           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.
52.2635 Original identification of plan.

[[Page 12]]

                            Subpart AAA_Guam

52.2670 Identification of plan.
52.2671 Classification of regions.
52.2672 Approval status.
52.2673 Original identification of plan.
52.2674-52.2675 [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 Original identification of plan.
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.
52.2921 Original 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  [Reserved]



Sec. 52.1020  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan for Maine under section 110 of the Clean Air Act, 42 
U.S.C. 7410 and 40 CFR part 51 to meet national ambient air quality 
standards or other requirements under the Clean Air Act.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to September 
1, 2008, 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 submitted by the state to EPA, and 
notice of any change in the material will be published in the Federal 
Register. Entries for paragraphs (c) and (d) of this section with EPA 
approval dates after September 1, 2008, will be incorporated by 
reference in the next update to the SIP compilation.
    (2) EPA Region 1 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in

[[Page 13]]

paragraph (b)(3) of this section are an exact duplicate of the 
officially promulgated state rules/regulations which have been approved 
as part of the State Implementation Plan as of September 1, 2008.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, New England Regional 
Office, One Congress Street, Suite 1100, Boston, MA 02114-2023; Air and 
Radiation Docket and Information Center, EPA West Building, 1301 
Constitution Ave., NW., Washington, DC 20460; and the National Archives 
and Records Administration (NARA). If you wish to obtain materials from 
a docket in the EPA Headquarters Library, please call the Office of Air 
and Radiation (OAR) Docket/Telephone number (202) 566-1742. For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
    (c) EPA approved regulations.

                                         EPA-Approved Maine Regulations
----------------------------------------------------------------------------------------------------------------
                                                               State      EPA Approval Date
         State citation                 Title/Subject        effective    EPA approval date      Explanations
                                                                date       and citation \1\
----------------------------------------------------------------------------------------------------------------
Chapter 1.......................  Regulations for the        05/20/1985  03/23/1993, 58 FR    Portions of
                                   Processing of                          15422.               Chapter 1. EPA
                                   Applications.                                               did not approve
                                                                                               the following
                                                                                               sections of
                                                                                               Chapter One:
                                                                                               Section 1(A)
                                                                                               through 1(Q), and
                                                                                               1(U) through
                                                                                               1(EE); Section 2;
                                                                                               Section 4 (C) and
                                                                                               (D); last
                                                                                               sentence of
                                                                                               Section 5(B);
                                                                                               last sentence of
                                                                                               Section 6(B);
                                                                                               Section 6(D);
                                                                                               Section 7(B)(1),
                                                                                               (B)(2), and
                                                                                               (B)(4) through
                                                                                               (B)(11); Section
                                                                                               8(A), and 8(E)
                                                                                               through 8(L);
                                                                                               Sections 9, 10
                                                                                               and 11; Section
                                                                                               13; and Sections
                                                                                               15 and 16.
Chapter 100.....................  Definitions.............   12/01/2005  11/21/2007, 72 FR
                                                                          65462.
Chapter 101.....................  Visible Emissions.......   10/10/1979  02/17/1982, 47 FR
                                                                          6829.
Chapter 102.....................  Open Burning............   03/17/2005  02/21/2008, 73 FR
                                                                          9459.
Chapter 103.....................  Fuel Burning Equipment     01/24/1983  02/26/1985, 50 FR
                                   Particular Emission                    7770.
                                   Standard.
Chapter 104.....................  Incinerator Particulate    01/31/1972  05/31/1972, 37 FR
                                   Emission Standard.                     10842.
Chapter 105.....................  General Process Source     01/31/1972  05/31/1972, 37 FR
                                   Particulate Emission                   10842.
                                   Standard.
Chapter 106.....................  Low Sulfur Fuel            02/08/1978  01/08/1982, 47 FR
                                   Regulations.                           947.
Chapter 107.....................  Sulfur Dioxide Emission    01/31/1972  05/31/1972, 37 FR
                                   Standards for Sulfate                  10842.
                                   Pulp Mills.
Chapter 109.....................  Emergency Episode          08/14/1991  01/12/1995, 60 FR
                                   Regulation.                            2885.
Chapter 110.....................  Ambient Air Quality        07/24/1996  03/22/2004, 69 FR
                                   Standards.                             13227.
Chapter 111.....................  Petroleum Liquid Storage   09/27/1989  02/03/1992, 57 FR
                                   Vapor Control.                         3946.
Chapter 112.....................  Gasoline Bulk Terminals.   07/19/1995  10/15/1996, 61 FR
                                                                          53636.
Chapter 113.....................  Growth Offset Regulation   06/22/1994  02/14/1996, 61 FR
                                                                          5690.
Chapter 114.....................  Classification of Air      04/27/1994  08/30/1995, 60 FR    Revision to Remove
                                   Quality Control Regions.               45056.               Presque Isle as
                                                                                               nonattainment for
                                                                                               PM10.
Chapter 115.....................  Emission License           06/22/1994  02/14/1996, 61 FR
                                   Regulation.                            5690.
Chapter 116.....................  Prohibited Dispersion      10/25/1989  03/23/1993, 58 FR
                                   Techniques.                            15422.
Chapter 117.....................  Source Surveillance.....   08/09/1988  03/21/1989, 54 FR
                                                                          11524.

[[Page 14]]

 
Chapter 118.....................  Gasoline Dispensing        07/19/1995  10/15/1996, 61 FR
                                   Facilities.                            53636.
Chapter 119.....................  Motor Vehicle Fuel         06/01/2000  03/06/2002, 67 FR    Controls fuel
                                   Volatility Limit.                      10099.               volatility in the
                                                                                               state. 7.8 psi
                                                                                               RVP fuel required
                                                                                               in 7 southern
                                                                                               counties.
Chapter 120.....................  Gasoline Tank Trucks....   06/22/1994  06/29/1995, 60 FR
                                                                          33730.
Chapter 123.....................  Paper Coater Regulation.   09/27/1989  02/03/1992, 57 FR    The operating
                                                                          3946.                permits for 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.
Chapter 126.....................  Capture Efficiency Test    05/22/1991  03/22/1993, 58 FR
                                   Procedures.                            15281.
Chapter 126 Appendix A..........  Capture Efficiency Test    05/22/1991  03/22/1993, 58 FR    Appendix.
                                   Procedures.                            15281.
Chapter 127 and Appendix A......  New Motor Vehicle          12/31/2000  04/28/2005, 70 FR    Including Appendix
                                   Emission Standards.                    21959.               A. Low emission
                                                                                               vehicle program,
                                                                                               with no ZEV
                                                                                               requirements.
                                                                                               Program achieves
                                                                                               90% of full LEV
                                                                                               benefits. Chapter
                                                                                               127 Basis
                                                                                               Statement
                                                                                               included in the
                                                                                               nonregulatory
                                                                                               material.
Chapter 129.....................  Surface Coating            01/06/1993  06/17/1994, 59 FR
                                   Facilities.                            31154.
Chapter 129 Appendix A..........  Surface Coating            01/06/1993  06/17/1994, 59 FR    Appendix.
                                   Facilities.                            31154.
Chapter 130.....................  Solvent Cleaners........   06/17/2004  05/26/2005, 70 FR
                                                                          30367.
Chapter 131.....................  Cutback and Emulsified     01/06/1993  06/17/1994, 59 FR
                                   Asphalt.                               31154.
Chapter 132.....................  Graphic Arts:              01/06/1993  06/17/1994, 59 FR
                                   Rotogravure and                        31154.
                                   Flexography.
Chapter 132 Appendix A..........  Graphic Arts:              01/06/1993  06/17/1994, 59 FR    Appendix.
                                   Rotogravure and                        31154.
                                   Flexography.
Chapter 133.....................  Gasoline Bulk Plants....   06/22/1994  06/29/1995, 60 FR
                                                                          33730.
Chapter 134.....................  Reasonably Available       02/08/1995  04/18/2000, 65 FR    Regulations fully
                                   Control Technology for                 20749.               approved for the
                                   Facilities that Emit                                        following
                                   Volatile Organic                                            counties: York,
                                   Compounds.                                                  Sagadahoc,
                                                                                               Cumberland,
                                                                                               Androscoggin,
                                                                                               Kennebec, Knox,
                                                                                               Lincoln, Hancock,
                                                                                               Waldo, Aroostock,
                                                                                               Franklin, Oxford,
                                                                                               and Piscataquis.
                                                                                               Regulation
                                                                                               granted a limited
                                                                                               approval for
                                                                                               Washington,
                                                                                               Somerset, and
                                                                                               Penobscot
                                                                                               Counties.
Chapter 137.....................  Emission Statements.....   07/06/2004  11/21/2007, 72 FR    Revised to
                                                                          65462.               incorporate
                                                                                               changes required
                                                                                               by EPA's
                                                                                               consolidated
                                                                                               emissions
                                                                                               reporting rule.
                                                                                               The entire rule
                                                                                               is approved with
                                                                                               the exception of
                                                                                               HAP and
                                                                                               greenhouse gas
                                                                                               reporting
                                                                                               requirements
                                                                                               which were not
                                                                                               included in the
                                                                                               State's SIP
                                                                                               revision request.

[[Page 15]]

 
Chapter 138.....................  Reasonably Available       08/03/1994  09/09/2002, 67 FR    Affects sources in
                                   Control Technology for                 57148.               York, Cumberland,
                                   Facilities that Emit                                        Sagadahoc,
                                   Nitrogen Oxides.                                            Androscoggin,
                                                                                               Kennebec,
                                                                                               Lincoln, and Knox
                                                                                               counties.
Chapter 139.....................  Transportation             09/19/2007  02/08/2008, 73 FR
                                   Conformity.                            7465.
Chapter 141.....................  Conformity of General      04/19/2007  02/20/2008, 73 FR
                                   Federal Actions.                       9203.
Chapter 145.....................  NOX Control Program.....   06/21/2001  03/10/2005, 70 FR
                                                                          11879.
Chapter 148.....................  Emissions from Smaller-    07/15/2004  05/26/2005, 70 FR
                                   Scale Electric                         30373.
                                   Generating Resources.
Chapter 151.....................  Architectural and          10/06/2005  03/17/2006, 71 FR
                                   Industrial Maintenance                 13767.
                                   (AIM) Coatings.
Chapter 152.....................  Control of Emissions of    08/19/2004  10/24/2005, 70 FR
                                   Volatile Organic                       61382.
                                   Compounds from Consumer
                                   Products.
Chapter 153.....................  Mobile Equipment Repair    02/05/2004  05/26/2005, 70 FR
                                   and Refinishing.                       30367.
Chapter 155.....................  Portable Fuel Container    07/14/2004  02/07/2005, 70 FR    With the exception
                                   Spillage Control.                      6352.                of the word
                                                                                               ``or'' in
                                                                                               Subsection 7C
                                                                                               which Maine did
                                                                                               not submit as
                                                                                               part of the SIP
                                                                                               revision.
Vehicle I/M.....................  Vehicle Inspection and     07/09/1998  01/10/2001, 66 FR    ``Maine Motor
                                   Maintenance.                           1871.                Vehicle
                                                                                               Inspection
                                                                                               Manual,'' revised
                                                                                               in 1998, pages 1-
                                                                                               12 through 1-14,
                                                                                               and page 2-14,
                                                                                               D.1.g.
Vehicle I/M.....................  Vehicle Inspection and     07/09/1998  01/10/2001, 66 FR    Maine Motor
                                   Maintenance.                           1871.                Vehicle
                                                                                               Inspection and
                                                                                               Maintenance
                                                                                               authorizing
                                                                                               legislation
                                                                                               effective July 9,
                                                                                               1998 and entitled
                                                                                               L.D. 2223, ``An
                                                                                               Act to Reduce Air
                                                                                               Pollution from
                                                                                               Motor Vehicles
                                                                                               and to Meet
                                                                                               Requirements of
                                                                                               the Federal Clean
                                                                                               Air Act.''
----------------------------------------------------------------------------------------------------------------
\1\ In order to determing the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

    (d) EPA-approved State Source specific requirements.

[[Page 16]]



                                 EPA-Approved Maine Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                           State
        Name of source               Permit number       effective    EPA approval date        Explanations
                                                            date             \2\
----------------------------------------------------------------------------------------------------------------
Central Maine Power, W.F.       Department Finding of    01/01/1977  01/08/1982, 47 FR
 Wyman Station, Cousins          Fact and Order Air                   947.
 Island, Yarmouth, Maine.        Emission License.
Lincoln Pulp and Paper          Air Emission License     03/09/1983  05/01/1985, 50 FR
 Company, Kraft Pulp Mill,       Renewal; and New                     18483.
 (Lincoln, Maine).               License for No. 6
                                 Boiler.
JJ Nissen Baking Company,       Air Emission License A-  02/27/1997  04/18/2000, 65 FR    VOC RACT Determination
 Cumberland County, Portland     440-74-C-A.                          20749.               issued by Maine
 Maine.                                                                                    Department of
                                                                                           Environmental
                                                                                           Protection (ME DEP)
                                                                                           on February 25, 1997.
Prime Tanning Company, York     Air Emission License     03/23/1997  04/18/2000, 65 FR    VOC RACT Determination
 County, Berwick, Maine.         Amendment 5                 20749.               issued by ME DEP on
                                 A-376-72-E-A.                                             July 23, 1997.
Prime Tanning Company, York     Air Emission License     10/28/1997  04/18/2000, 65 FR    VOC RACT Determination
 County, Berwick, Maine.         Amendment 6                 20749.               issued by ME DEP on
                                 A-376-72-F-M.                                             October 27, 1997.
Portsmouth Naval Shipyard,      Air Emission License     07/25/1997  04/18/2000, 65 FR    VOC RACT Determination
 York County, Kittery, Maine.    Amendment 4                 20749.               issued by ME DEP on
                                 A-452-71-F-M.                                             July 25, 1997.
Dexter Shoe Company, Penobscot  Air Emission License A-  12/05/1996  04/18/2000, 65 FR    VOC RACT Determination
 County, Dexter, Maine.          175-72-H-A/R.                        20749.               issued by ME DEP on
                                                                                           December 5, 1996.
Dexter Shoe Company, Penobscot  Air Emission License     10/22/1997  04/18/2000, 65 FR    VOC RACT Determination
 County, Dexter, Maine.          Amendment 1                 20749.               issued by ME DEP on
                                 A-175-71-I-M.                                             October 20, 1997.
Pioneer Plastics Corporation,   Air Emission License     06/16/1997  04/18/2000, 65 FR    VOC RACT Determination
 Androscoggin County, Auburn,    Amendment 3                 20749.               issued by ME DEP on
 Maine.                          A-448-71-P-A.                                             June 16, 1997.
Georgia Pacific Corporation,    Air Emission License     01/05/1996  04/18/2000, 65 FR    VOC RACT Determination
 Washington County, Woodland,    Minor Revision/                      20749.               issued by ME DEP on
 Maine.                          Amendment 10                                     January 4, 1996.
                                 A-215-71-T-M.
Champion International          Air Emission License     01/19/1996  04/18/2000, 65 FR    VOC RACT Determination
 Corporation, Hancock County,    Amendment 5                 20749.               issued by ME DEP on
 Bucksport, Maine.               A-22-71-K-A.                                              January 18, 1996.
International Paper Company,    Air Emission License     10/04/1995  04/18/2000, 65 FR    VOC RACT Determination
 Franklin County, Jay, Maine.    Amendment 8                 20749.               issued by ME DEP on
                                 A-203-71-R-A.                                             October 4, 1995.
International Paper Company,    Air Emission License     12/13/1995  04/18/2000, 65 FR    VOC RACT Determination
 Franklin County, Jay, Maine.    Amendment 9                 20749.               issued by ME DEP on
                                 A-203-71-S-M.                                             December 13, 1995.
James River Corporation,        Air Emission License     12/11/1995  04/18/2000, 65 FR    VOC RACT Determination
 Penobscot County, Old Town,     Minor Revision/                      20749.               issued by ME DEP on
 Maine.                          Amendment 6                                      December 8, 1995.
                                 A-180-71-R-M.
Lincoln Pulp and Paper          Air Emission License     12/19/1995  04/18/2000, 65 FR    VOC RACT Determination
 Company, Penobscot County,      Amendment 8                 20749.               issued by ME DEP on
 Lincoln, Maine.                 A-177-71-J-M.                                             December 18, 1995.
S.D. Warren Paper Company,      Air Emission License     12/19/1995  04/18/2000, 65 FR    VOC RACT Determination
 Cumberland County, Westbrook,   Minor Revision/                      20749.               issued by ME DEP on
 Maine.                          Amendment 14                                     December 18, 1995.
                                 A-29-71-Z-M.
S.D. Warren Paper Company,      Air Emission License     10/04/1995  04/18/2000, 65 FR    VOC RACT Determination
 Somerset County, Skowhegan,     Amendment 14                20749.               issued by ME DEP on
 Maine.                          A-19-71-W-M.                                              October 4, 1995.
S.D. Warren Paper Company,      Air Emission License     01/10/1996  04/18/2000, 65 FR    VOC RACT Determination
 Somerset County, Skowhegan,     Amendment 15                20749.               issued by ME DEP on
 Maine.                          A-19-71-Y-M.                                              January 9, 1996.
Boise Cascade Corporation,      Air Emission License     12/21/1995  04/18/2000, 65 FR    VOC RACT Determination
 Oxford County, Rumford, Maine.  Amendment 11                20749.               issued by ME DEP on
                                 A-214-71-X-A.                                             December 20, 1995.
Bath Iron Works Corporation,    Departmental Finding     04/11/2001  05/20/2002, 67 FR    VOC RACT determination
 Sagadahoc County, Bath, Maine.  of Fact and Order Air                35439.               for Bath Iron Works.
                                 Emission License
                                 Amendment 10
                                 A-333-71-M-M.

[[Page 17]]

 
United Technologies Pratt &     Departmental Finding     04/26/2001  05/20/2002, 67 FR    VOC RACT determination
 Whitney, York County, North     of Fact and Order Air                35439.               for Pratt & Whitney.
 Berwick, Maine.                 Emission License
                                 Amendment 6
                                 A-453-71-N-M.
United Technologies Pratt &     Departmental Finding     07/02/2001  05/20/2002, 67 FR    VOC RACT determination
 Whitney, York County, North     of Fact and Order Air                35439.               for Pratt & Whitney.
 Berwick, Maine.                 Emission License
                                 Amendment 7
                                 A-453-71-O-M.
Moosehead Manufacturing         Departmental Finding     05/10/2001  05/20/2002, 67 FR    VOC RACT determination
 Company, Piscataquis County,    of Fact and Order Air                35439.               for Moosehead
 Dover-Foxcroft, Maine.          Emission License                                          Manufacturing's Dover-
                                 Amendment 2                                      Foxcroft plant.
                                 A-338-71-F-M.
Moosehead Manufacturing         Departmental Finding     05/10/2001  05/20/2002, 67 FR    VOC RACT determination
 Company, Piscataquis County,    of Fact and Order Air                35439.               for Moosehead
 Monson, Maine.                  Emission License                                          Manufacturing's
                                 Amendment 2                                      Monson plant.
                                 A-339-71-F-M.
Central Maine Power Company,    Departmental Finding     05/18/1995  09/09/2002, 67 FR    Case-specific NOX
 W.F. Wyman Station,             of Fact and Order Air                57148.               RACT. Air emission
 Cumberland County, Yarmouth,    Emission License                                          license A-388-71-C-A,
 Maine.                          Amendment 1                                      Amendment 1,
                                 A-388-71-C-A.                                             condition (q) for FPL
                                                                                           Energy's (formerly
                                                                                           Central Maine Power)
                                                                                           W.F. Wyman Station.
Central Maine Power Company,    Departmental Finding     02/16/1996  09/09/2002, 67 FR    Case-specific NOX
 W.F. Wyman Station,             of Fact and Order Air                57148.               RACT. Air emission
 Cumberland County, Yarmouth,    Emission License                                          license A-388-71-D-M,
 Maine.                          Amendment 1                                      amendment 1,
                                 A-388-71-D-M.                                             conditions 19 and 23
                                                                                           for FPL Energy's
                                                                                           (formerly Central
                                                                                           Maine Power) W.F.
                                                                                           Wyman Station.
Tree Free Fiber Company, LLC,   Departmental Finding     06/12/1996  09/09/2002, 67 FR    Case-specific NOX
 Kennebec County, Augusta,       of Fact and Order Air                57148.               RACT. Air emission
 Maine.                          Emission License                                          license A-195-71-G-M,
                                 Amendment 1                                      Amendment 1,
                                 A-195-71-G-M.                                             for Tree Free Fiber
                                                                                           Company, LLC,
                                                                                           (formerly Statler
                                                                                           Industries Inc.).
Tree Free Fiber Company, LLC,   Departmental Finding     06/16/1995  09/09/2002, 67 FR    Case-specific NOX
 Kennebec County, Augusta,       of Fact and Order Air                57148.               RACT. Air emission
 Maine.                          Emission License                                          license A-195-71-D-A/
                                 Amendment 1                                      R, section (II)(D),
                                 A-195-71-D-A/R.                                           paragraphs (II)(F)(1)
                                                                                           and (3), and
                                                                                           conditions 12(A),
                                                                                           12(C), (13), (14) and
                                                                                           (15) for Tree Free
                                                                                           Fiber Company, LLC,
                                                                                           (formerly Statler
                                                                                           Industries Inc.).
Pioneer Plastics Corporation,   Departmental Finding     08/23/1995  09/09/2002, 67 FR    Case-specific NOX
 Androscoggin County, Auburn,    of Fact and Order Air                57148.               RACT. Air emission
 Maine.                          Emission License A-                                       license A-448-72-K-A/
                                 448-72-K-A/R.                                             R, paragraphs
                                                                                           (II)(D)(2),
                                                                                           (II)(D)(3) and
                                                                                           conditions (13)(f)
                                                                                           and 14(k) for Pioneer
                                                                                           Plastics Corporation.
Pioneer Plastics Corporation,   Departmental Finding     03/10/1997  09/09/2002, 67 FR    Case-specific NOX
 Androscoggin County, Auburn,    of Fact and Order Air                57148.               RACT. Air emission
 Maine.                          Emission License                                          license A-448-71-O-M,
                                 Amendment 2                                      Amendment 2,
                                 A-448-71-O-M.                                             condition (14)(k),
                                                                                           for Pioneer Plastics
                                                                                           Corporation.
Scott Paper Company, Kennebec   Departmental Finding     11/15/1995  09/09/2002, 67 FR    Case-specific NOX
 County, Winslow, Maine.         of Fact and Order Air                57148.               RACT. Air emission
                                 Emission License                                          license A-188-72-E-A,
                                 Amendment 2                                      Amendment 2,
                                 A-188-72-E-A.                                             conditions 8,
                                                                                           paragraph 1, and 9,
                                                                                           paragraphs 1, 2 and
                                                                                           4, for Scott Paper
                                                                                           Company.
The Chinet Company, Kennebec    Departmental Finding     01/18/1996  09/09/2002, 67 FR    Case-specific NOX
 County, Waterville, Maine.      of Fact and Order Air                57148.               RACT. Air emission
                                 Emission License A-                                       license A-416-72-B-A,
                                 416-72-B-A.                                               conditions (l) 1, 2,
                                                                                           3a, 3b, 3c, 3e, and
                                                                                           (m) for The Chinet
                                                                                           Company.

[[Page 18]]

 
FMC Corporation-Food            Departmental Finding     02/07/1996  09/09/2002, 67 FR    Case-specific NOX
 Ingredients Division, Knox      of Fact and Order Air                57148.               RACT. Air emission
 County, Rockland, Maine.        Emission License                                          license A-366-72-H-A,
                                 Amendment 5                                      Amendment 5,
                                 A-366-72-H-A.                                             conditions 3, 4, 5,
                                                                                           7, 9, 11, 12, 15, 16,
                                                                                           and 18 for FMC
                                                                                           Corporation-Food
                                                                                           Ingredients Division.
Dragon Products Company, Inc.,  Departmental Finding     06/05/1996  09/09/2002, 67 FR    Case-specific NOX
 Knox County, Thomaston, Maine.  of Fact and Order Air                57148.               RACT.
                                 Emission License
                                 Amendment 5
                                 A-326-72-N-A.
Dragon Products Company, Inc.,  Departmental Finding     03/05/1997  09/09/2002, 67 FR    Case-specific NOX
 Knox County, Thomaston, Maine.  of Fact and Order Air                57148.               RACT.
                                 Emission License
                                 Amendment 7
                                 A-326-71-P-M.
S.D. Warren Paper Company,      Departmental Finding     06/12/1996  09/09/2002, 67 FR    Case-specific NOX
 Cumberland County, Westbrook,   of Fact and Order Air                57148.               RACT. Air emission
 Maine.                          Emission License                                          license A-29-71-Y-A,
                                 Amendment 13                                     Amendment 13, conditions
                                                                                           (k)2, (k)3, (q)8 and
                                                                                           (p) for S.D. Warren
                                                                                           Company.
Mid-Maine Waste Action          Departmental Finding     10/16/1996  09/09/2002, 67 FR    Case-specific NOX
 Corporation, Androscoggin       of Fact and Order Air                57148.               RACT.
 County, Auburn, Maine.          Emission License
                                 Amendment 2
                                 A-378-72-E-A.
Portsmouth Naval Shipyard,      Departmental Finding     10/21/1996  09/09/2002, 67 FR    Case-specific NOX
 York County, Kittery, Maine.    of Fact and Order Air                57148.               RACT. Air emission
                                 Emission License                                          license A-452-71-D-A,
                                 Amendment 2                                      Amendment 2,
                                 A-452-71-D-A.                                             conditions 3, 4, 5,
                                                                                           7, 9, 11, 16, 17, 18,
                                                                                           19, and 20 for
                                                                                           Portsmouth Naval
                                                                                           Shipyard.
Portsmouth Naval Shipyard,      Departmental Finding     07/25/1997  09/09/2002, 67 FR    Case-specific NOX
 York County, Kittery, Maine.    of Fact and Order Air                57148.               RACT. Air emission
                                 Emission License                                          license A-452-71-F-M,
                                 Amendment 4                                      Amendment 4,
                                 A-452-71-F-M.                                             condition 4 for
                                                                                           Portsmouth Naval
                                                                                           Shipyard.
Maine Energy Recovery Company,  Departmental Finding     11/12/1996  09/09/2002, 67 FR    Case-specific NOX
 York County, Biddeford, Maine.  of Fact and Order Air                57148.               RACT.
                                 Emission License
                                 Amendment 4
                                 A-46-71-L-A.
----------------------------------------------------------------------------------------------------------------
\2\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

    (e) Nonregulatory.

[[Page 19]]



                                              Maine Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                                          State
                                       Applicable       submittal
   Name of non regulatory SIP        geographic or        date/      EPA approved date         Explanations
            provision              nonattainment area   effective           \3\
                                                           date
----------------------------------------------------------------------------------------------------------------
Impact of Projected Growth for    Maine's Standard      06/26/1974  04/29/1975, 40 FR
 Next 10 Years on Air Quality      Metropolitan                      18726.
 for Maine Standard Metropolitan   Statistical Areas.
 Statistical Areas.
Incinerator Emission Standard--   Maine..............   05/21/1975  04/10/1978, 43 FR    Revision to incinerator
 Regulation Implementation Plan                                      14964.               particulate emission
 Change, Findings of Fact and                                                             standard which would
 Order.                                                                                   exempt wood waste cone
                                                                                          burners from the plan
                                                                                          until 1980.
Incinerator Emission Standard--   Maine..............   09/24/1975  04/10/1978, 43 FR    Revision to incinerator
 Regulation and Implementation                                       14964.               particulate emission
 Plan Change, Findings of Fact                                                            standard which would
 and Order.                                                                               exempt municipal waste
                                                                                          cone burners from the
                                                                                          plan until 1980.
Air Quality Surveillance........  Maine..............   03/10/1978  03/23/1979, 44 FR    Revision to Chapter 5
                                                                     17674.               of the SIP.
New Sources and Modifications...  Maine..............   03/10/1978  03/23/1979, 44 FR    Revision to Chapter 6
                                                                     17674.               of the SIP.
Review of New Sources and         Maine..............   12/19/1979  01/30/1980, 45 FR    Revision to Chapter 6
 Modifications.                                                      6784.                of the SIP.
Revisions to State Air            Maine..............   03/28/1979  02/19/1980, 45 FR    Includes Control
 Implementation Plan as Required                                     10766.               Strategies for
 by the Federal Clean Air Act.                                                            Particulates, Carbon
                                                                                          Monoxide, and ozone.
Plan for Public Involvement in    Maine..............   05/28/1980  09/09/1980, 45 FR    A plan to provide for
 Federally Funded Air Pollution                                      59314.               public involvement in
 Control Activities.                                                                      federally funded air
                                                                                          pollution control
                                                                                          activities.
Air Quality Surveillance........  Maine..............   07/01/1980  01/22/1981, 46 FR    Revision to Chapter 5
                                                                     6941.                of the SIP.
Attain and Maintain the NAAQS     Maine..............   11/05/1980  08/27/1981, 46 FR    Control Strategy for
 for Lead.                                                           43151.               Lead. Revision to
                                                                                          Chapter 2.5.
Establishment of Air Quality      Metropolitan          10/30/1975  01/08/1982, 47 FR    Department Findings of
 Control Sub-Region.               Portland Air                      947.                 Fact and Order--Sulfur
                                   Quality Control                                        Dioxide Control
                                   Region.                                                Strategy.
Sulfur Dioxide Control Strategy-- Portland-Peninsula    10/30/1975  01/08/1982, 47 FR    Department Findings of
 Low Sulfur Fuel Regulation.       Air Quality                       947.                 Fact and Order--
                                   Control Region.                                        Implementation Plan
                                                                                          Revision.
Letter from the Maine DEP         Maine..............   06/03/1991  02/03/1992, 57 FR
 documenting the December 1990                                       3046..
 survey conducted to satisfy the
 5 percent demonstration
 requirement in order to justify
 the 3500 gallon capacity cut-
 off in Chapter 112.
Withdrawal of Air Emission        Maine..............   10/03/1990  02/03/1992, 57 FR    Department of
 Licenses for: Pioneer Plastics;                                     3046.                Environmental
 Eastern Fine Paper; and S.D.                                                             Protection Letter
 Warren, Westbrook.                                                                       dated December 5,
                                                                                          1989, withdrawing
                                                                                          three source-specific
                                                                                          licenses as of October
                                                                                          3, 1990.
Portions of Chapter 1 entitled    Maine..............   02/08/1984  03/23/1993, 58 FR
 ``Regulations for the                                               15422..
 Processing of Applications''.
Review of New Sources and         Maine..............   11/06/1989  03/23/1993, 58 FR    Revision to Chapter 6
 Modifications.                                                      15422.               of the SIP.
Letter from the Maine DEP         Maine..............   05/01/1989  03/23/1993, 58 FR
 regarding implementation of                                         15422..
 BACT.
Review of New Sources and         Maine..............   11/02/1990  03/18/1994, 59 FR    Revision to Chapter 6
 Modifications.                                                      12853.               of the SIP.
Joint Memorandum of               City of Presque       03/11/1991  01/12/1995, 60 FR    Part B of the MOU which
 Understanding (MOU) Among: City   Isle, Maine.                      2885.                the Maine Department
 of Presque Isle; ME DOT and ME                                                           of Environmental
 DEP.                                                                                     Protection (ME DEP)
                                                                                          entered into with the
                                                                                          City of Presque Isle,
                                                                                          and the Maine
                                                                                          Department of
                                                                                          Transportation (ME
                                                                                          DOT).
Maine State Implementation Plan   City of Presque       08/14/1991  01/12/1995, 60 FR    An attainment plan and
 to Attain the NAAQS for           Isle, Maine.                      2885.                demonstration which
 Particulate Matter (PM10)                                                                outlines Maine's
 Presque Isle Maine.                                                                      control strategy for
                                                                                          attainment of the PM10
                                                                                          NAAQS and implement
                                                                                          RACM and RACT
                                                                                          requirements for
                                                                                          Presque Isle.

[[Page 20]]

 
Memorandum of Understanding       City of Presque       05/25/1994  08/30/1995, 60 FR    Revisions to Part B of
 among: City of Presque Isle; ME   Isle, Maine.                      45056.               the MOU which the ME
 DOT and ME DEP.                                                                          DEP entered into (and
                                                                                          effective) on May 25,
                                                                                          1994, with the City of
                                                                                          Presque Isle, and the
                                                                                          ME DOT.
Maintenance Demonstration and     City of Presque       04/27/1994  08/30/1995, 60 FR    A maintenance
 Contingency Plan for Presque      Isle, Maine.                      45056.               demonstration and
 Isle.                                                                                    contingency plan which
                                                                                          outline Main's control
                                                                                          strategy maintenance
                                                                                          of the PM10 NAAQS and
                                                                                          contingency measures
                                                                                          and provision for
                                                                                          Presque Isle.
Letter from the Maine DEP dated   Maine..............   07/07/1994  09/12/1995, 60 FR    Letter from the Maine
 July 7, 1994, submitting Small                                      47285.               Department of
 Business Technical Assistance                                                            Environmental
 Program.                                                                                 Protection submitting
                                                                                          a revision to the
                                                                                          Maine SIP.
Revisions to the SIP for the      Maine Statewide....   05/12/1994  09/12/1995, 60 FR    Revisions to the SIP
 Small Business Stationary                                           47285.               for the Small Business
 Source Technical and                                                                     Stationary Source
 Environmental Compliance                                                                 Technical and
 Assistance Program.                                                                      Environmental
                                                                                          Compliance Assistance
                                                                                          Program Dated July 12,
                                                                                          1994 and effective on
                                                                                          May 11, 1994.
Corrected page number 124 of the  Maine..............   08/16/1994  09/12/1995, 60 FR    Letter from ME DEP
 Small Business Stationary                                           47285.               dated August 16, 1994
 Source Technical and                                                                     submitting a corrected
 Environmental Compliance                                                                 page to the July 12,
 Assistance Program SIP.                                                                  1994 SIP revision.
Negative Declaration for          Maine Statewide....   11/15/1994  04/18/2000, 65 FR    Letter from ME DEP
 Synthetic Organic Chemical                                          20749.               dated November 15,
 Manufacturing Industry                                                                   1994 stating a
 Distillation and Reactors                                                                negative declaration
 Control Technique Guideline                                                              for the Synthetic
 Categories.                                                                              Organic Chemical
                                                                                          Manufacturing Industry
                                                                                          Distillation and
                                                                                          Reactors Control
                                                                                          Technique Guideline
                                                                                          Categories.
Letter from the Maine Department  Greater Portland      11/19/1998  01/10/2001, 66 FR    Letter from the Maine
 of Environmental Protection       Metropolitan                      1875.                Department of
 regarding Control of Motor        Statistical Area.                                      Environmental
 Vehicle Pollution (Inspection                                                            Protection dated
 and Maintenance Program).                                                                November 19, 1998
                                                                                          submitting a revision
                                                                                          to the Maine SIP.
State of Maine Implementation     Greater Portland      11/11/1998  01/10/2001, 66 FR    Maine Motor Vehicle
 Plan for Inspection/Maintenance   Metropolitan                      1875.                Inspection and
 dated November 11, 1998.          Statistical Area.                                      Maintenance Program.
Letter from the Maine DEP         Southern Maine.....   05/29/2001  03/06/2002, 67 FR    Letter from the Maine
 submitting additional technical                                     10099.               Department of
 support and an enforcement plan                                                          Environmental
 for Chapter 119 as an amendment                                                          Protection dated May
 to the SIP.                                                                              29, 2001 submitting
                                                                                          additional technical
                                                                                          support and an
                                                                                          enforcement plan for
                                                                                          Chapter 119 as an
                                                                                          amendment to the State
                                                                                          Implementation Plan.
Application for a Waiver of       Southern Maine.....   05/25/2001  03/06/2002, 67 FR    Additional technical
 Federally-Preempted Gasoline                                        10099.               support.
 Standards.
Letter from the Maine DEP dated   Maine..............   07/01/1997  09/09/2002, 67 FR    Letter from the Maine
 July 1, 1997, submitting case-                                      57148.               Department of
 specific NOX RACT                                                                        Environmental
 determinations.                                                                          Protection submitting
                                                                                          a revision to the
                                                                                          Maine SIP.
Letter from the Maine DEP dated   Maine..............   10/09/1997  09/09/2002, 67 FR    Letter from the Maine
 October 9, 1997, submitting                                         57148.               Department of
 case-specific NOX RACT                                                                   Environmental
 determinations.                                                                          Protection submitting
                                                                                          a revision to the
                                                                                          Maine SIP.
Letter from the Maine DEP dated   Maine..............   08/14/1998  09/09/2002, 67 FR    Letter from the Maine
 August 14, 1998, submitting                                         57148.               Department of
 case-specific NOX RACT                                                                   Environmental
 determinations.                                                                          Protection submitting
                                                                                          a revision to the
                                                                                          Maine SIP.
Chapter 127 Basis Statement.....  Maine..............   12/31/2000  04/28/2005, 70 FR
                                                                     21959..
Correspondence from Maine DEP     Maine..............   06/06/2006  11/21/2007, 72 FR    Correspondence from
 indicating which portions of                                        65462.               David W. Wright of the
 Chapter 137 should not be                                                                Maine DEP indicating
 incorporated into the State's                                                            which portions of
 SIP.                                                                                     Chapter 137 Emission
                                                                                          Statements should not
                                                                                          be incorporated into
                                                                                          the State's SIP.

[[Page 21]]

 
State of Maine MAPA 1 form for    Maine nonattainment   09/10/2007  02/08/2008, 73 FR    Certification that the
 Chapter 139 Transportation        areas, and                        7465.                Attorney General
 Conformity.                       attainment areas                                       approved the Rule as
                                   with a maintenance                                     to form and legality.
                                   plan.
Amendment to Chapter 141          Maine nonattainment   04/19/2007  02/20/2008, 73 FR    Maine Department of
 Conformity of General Federal     areas, and                        9203.                Environmental
 Actions.                          attainment areas                                       Protection amended its
                                   with a maintenance                                     incorporation-by-
                                   plan.                                                  reference within
                                                                                          Chapter 141.2 to
                                                                                          reflect EPA's revision
                                                                                          to the Federal General
                                                                                          Conformity Rule for
                                                                                          fine particulate
                                                                                          matter promulgated on
                                                                                          July 17, 2006 (71 FR
                                                                                          40420-40427);
                                                                                          specifically 40 CFR
                                                                                          51.852 Definitions and
                                                                                          40 CFR 51.853
                                                                                          Applicability.
State of Maine MAPA 1 form for    Maine..............   01/03/2003  02/21/2008, 73 FR    Certification that the
 Chapter 102 Open Burning                                            9459.                Attorney General
 Regulation.                                                                              approved the Rule as
                                                                                          to form and legality.
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.


[73 FR 56973, Oct. 1, 2008]

[[Page 22]]





Sec. 52.1021  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Metropolitan Portland Intrastate..........................           I         II       III       III        III
Androscoggin Valley Interstate............................          IA         IA       III       III        III
Down East Intrastate......................................          IA         IA       III       III        III
Aroostook Intrastate......................................         III        III       III       III        III
Northwest Maine Intrastate................................         III        III       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10870, May 31, 1972, as amended at 45 FR 10774, Feb. 19, 1980]



Sec. 52.1022  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Maine's plan, as identified in Sec. 52.1020, for the 
attainment and maintenance of the national standards under section 110 
of the Clean Air Act.

[45 FR 10774, Feb. 19, 1980, as amended at 60 FR 33734, June 29, 1995]



Sec. 52.1023  Control strategy: Ozone.

    (a) Determination. EPA is determining that, as of July 21, 1995, the 
Lewiston-Auburn ozone nonattainment area has attained the ozone standard 
and that the reasonable further progress and attainment demonstration 
requirements of section 182(b)(1) and related requirements of section 
172(c)(9) of the Clean Air Act do not apply to the area for so long as 
the area does not monitor any violations of the ozone standard. If a 
violation of the ozone NAAQS is monitored in the Lewiston-Auburn ozone 
nonattainment area, these determinations shall no longer apply.
    (b) Determination. EPA is determining that, as of July 21, 1995, the 
Knox and Lincoln Counties ozone nonattainment area has attained the 
ozone standard and that the reasonable further progress and attainment 
demonstration requirements of section 182(b)(1) and related requirements 
of section 172(c)(9) of the Clean Air Act do not apply to the area for 
so long as the area does not monitor any violations of the ozone 
standard. If a violation of the 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.
    (d) Approval. EPA is approving an exemption request from the 
NOX requirements contained in Section 182(f) of the Clean Air 
Act for northern Maine. The exemption request was submitted by the Maine 
Department of Environmental Protection on March 24, 2005, and 
supplemented on April 19 and June 28, 2005. This approval exempts major 
sources of nitrogen oxides in Aroostook, Franklin, Oxford, Penobscot, 
Piscataquis, Somerset, Washington, and portions of Hancock and Waldo 
Counties from the requirements to implement controls meeting reasonably 
available control technology under the Clean Air Act, and nonattainment 
area new source review (NSR) for new sources and modifications. In Waldo

[[Page 23]]

County, this area includes only the following towns: Belfast, Belmont, 
Brooks, Burnham, Frankfort, Freedom, Jackson, Knox, Liberty, 
Lincolnville, Monroe, Montville, Morrill, Northport, Palermo, Prospect, 
Searsmont, Searsport, Stockton Springs, Swanville, Thorndike, Troy, 
Unity, Waldo, and Winterport. In Hancock County, this area includes only 
the following towns and townships: Amherst, Aurora, Bucksport, Castine, 
Dedham, Eastbrook, Ellsworth, Franklin, Great Pond, Mariaville, Orland, 
Osborn, Otis, Penobscot, Verona, Waltham, Oqiton Township (T4 ND), T3 
ND, T39 MD, T40 MD, T41 MD, T32 MD, T34 MD, T35 MD, T28 MD, T22 MD, T16 
MD, T8 SD, T9 SD, T10 SD, and T7 SD.
    (e) Approval. EPA is approving a revision to the State 
Implementation Plan submitted by the Maine Department of Environmental 
Protection on June 9 and 13, 2005. The revision is for purposes of 
satisfying the rate of progress requirements of section 182(b)(1) of the 
Clean Air Act for the Portland Maine one-hour ozone nonattainment area.
    (f) Approval. EPA is approving a revision to the State 
Implementation Plan submitted by the Maine Department of Environmental 
Protection on June 9, 13, and 14, 2005. The revision is for purposes of 
satisfying the 5 percent increment of progress requirement of 40 CFR 
51.905(a)(1)(ii)(B) for the Portland Maine eight-hour ozone 
nonattainment area. The revision establishes motor vehicle emissions 
budgets for 2007 of 20.115 tons per summer day (tpsd) of volatile 
organic compound (VOC) and 39.893 tpsd of nitrogen oxide 
(NOX) to be used in transportation conformity in the Portland 
Maine 8-hour ozone nonattainment area.
    (g) Approval. EPA is approving a redesignation request for the 
Portland, Maine 8-hour ozone nonattainment area. Maine submitted this 
request on August 3, 2006. The request contains the required Clean Air 
Act Section 175A maintenance plan. The plan establishes motor vehicle 
emissions budgets for 2016 of 16.659 tons per summer day (tpsd) of 
volatile organic compound and 32.837 tpsd of nitrogen oxide 
(NOX) to be used in transportation conformity determinations 
in the Portland area.
    (h) Approval. EPA is approving a redesignation request for the 
Hancock, Knox, Lincoln and Waldo Counties, Maine 8-hour ozone 
nonattainment area. Maine submitted this request on August 3, 2006. The 
request contains the required Clean Air Act Section 175A maintenance 
plan. The plan establishes motor vehicle emissions budgets for 2016 of 
3.763 tons per summer day (tpsd) of volatile organic compound and 6.245 
tpsd of nitrogen oxide (NOX) to be used in transportation 
conformity determinations in the Hancock, Knox, Lincoln and Waldo 
Counties area.
    (i) Approval: EPA is approving the 110(a)(1) 8-hour ozone 
maintenance plans in the four areas of the state required to have a 
110(a)(1) maintenance plan for the 8-hour ozone National Ambient Air 
Quality Standard. These areas are as follows: portions of York and 
Cumberland Counties; portions of Androscoggin County and all of Kennebec 
County; portions of Knox and Lincoln Counties; and portions of Hancock 
and Waldo Counties. These maintenance plans were submitted to EPA on 
August 3, 2006.

[60 FR 29766, June 6, 1995, as amended at 60 FR 66755, Dec. 26, 1995; 71 
FR 5794, Feb. 3, 2006; 71 FR 14816, Mar. 24, 2006; 71 FR 71490, Dec. 11, 
2006; 73 FR 5101, Jan. 29, 2008]



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\)

[[Page 24]]

 
    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]



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

[[Page 25]]

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 that this table conflicts with Sec. Sec. 
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.''

[[Page 26]]

 
  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.
  100......  Definitions.....   12/1/2005    11/21/07  72 FR 65462......  (c)(62)...  Revised to add definitions
                                                                                       associated with SIP
                                                                                       submittals made between 7/
                                                                                       19/95 and 12/1/05.
  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).......  ..........................
  102......  Open Burning....     3/17/05     2/21/08  73 FR 9459.......  (c)(61)...
  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.
  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.
  110......  Ambient Air          7/24/96     3/22/04  69 FR 13231......  (c)(52)...  Adopts PSD increments
              Quality                                                                  based on PM10, in place
              Standards.                                                               of increments based on
                                                                                       TSP.
  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)...

[[Page 27]]

 
  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.
  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         6/1/00      3/6/02  67 FR 10100......  (c)(49)...  Controls fuel volatility
              Fuel Volatility                                                          in the State. 7.8 psi RVP
              Limit.                                                                   fuel required in 7
                                                                                       southern counties.
  120......  Gasoline Tank        6/22/94     6/29/95  60 FR 33734......  35........  ..........................
              Trucks.

[[Page 28]]

 
  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.
  127......  New Motor           12/31/00     4/28/05  70 FR 21962......  (c)(58)...  Low emission vehicle
              Vehicle                                                                  program, with no ZEV
              Emission                                                                 requirements. Program
              Standards.                                                               achieves 90% of full LEV
                                                                                       benefits.
  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.
  130......  Solvent Cleaners     6/17/04     5/26/05  70 FR 30369......  (c)(54)...
  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.
  134......  Reasonably            2/8/95     4/18/00  65 FR 20753......  (c)(45)...  Regulation fully approved
              Available                                                                for the following
              Control                                                                  counties: York,
              Technology for                                                           Sagadahoc, Cumberland,
              Facilities that                                                          Androscoggin, Kennebec,
              Emit Volatile                                                            Knox, Lincoln, Hancock,
              Organic                                                                  Waldo, Aroostook,
              Compounds.                                                               Franklin, Oxford, and
                                                                                       Piscataquis. Regulation
                                                                                       granted a limited
                                                                                       approval for Washington,
                                                                                       Somerset, and Penobscot
                                                                                       Counties.
  134......  Reasonably           2/25/97     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available                                                                JJ Nissen Baking Company.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           7/23/97     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available          10/27/97                                              Prime Tanning.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           7/25/97     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available                                                                Portsmouth Naval
              Control                                                                  Shipyard.
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           12/5/96     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available          10/20/97                                              Dexter Shoe.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           6/16/97     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available                                                                Pioneer Plastics.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably            1/4/96     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available                                                                Georgia Pacific.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.

[[Page 29]]

 
  134......  Reasonably           1/18/96     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available                                                                Champion International.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           10/4/95     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available          12/13/95                                              International Paper.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           12/8/95     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available                                                                James River.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably          12/18/95     4/18/00  65 FR 20754......  (c)(45)...  VOC RACT determination for
              Available                                                                Lincoln Pulp and Paper.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably          12/18/95     4/18/00  65 FR 20754......  (c)(45)...  VOC RACT determination for
              Available                                                                SD Warren Paper Company's
              Control                                                                  Westbrook, Maine
              Technology for                                                           facility.
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           10/4/95     4/18/00  65 FR 20754......  (c)(45)...  VOC RACT determination for
              Available            1/9/96                                              SD Warren Paper Company's
              Control                                                                  Skowhegan, Maine
              Technology for                                                           facility.
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably          12/20/95     4/18/00  65 FR 20754......  (c)(45)...  VOC RACT determination for
              Available                                                                Boise Cascade.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           4/11/01     5/20/02  67 FR 35441        (c)(51)...  VOC RACT determination for
              available                                                                Bath Iron Works.
              control
              technology for
              facilities that
              emit volatile
              organic
              compounds.
  134......  Reasonably           4/26/01     5/20/02  67 FR 35441......  (c)(51)     VOC RACT determination for
              available            7/2/01                                              Pratt & Whitney.
              control
              technology for
              facilities that
              emit volatile
              organic
              compounds.
  134......  Reasonably           5/10/01     5/20/02  67 FR 35441......  (c)(51)     VOC RACT determination for
              available                                                                Moosehead Manufacturing's
              control                                                                  Dover-Foxcroft plant.
              technology for
              facilities that
              emit volatile
              organic
              compounds.
             Reasonably           5/10/01     5/20/02  67 FR 35441......  (c)(51)     VOC RACT determination for
              available                                                                Moosehead Manufacturing's
              control                                                                  Monson plant.
              technology for
              facilities that
              emit volatile
              organic
              compounds.
  137......  Emission            12/17/04    11/21/07  72 FR 65462......  (c)(62)...  Revised to incorporate
              Statements.                                                              changes required by EPA's
                                                                                       consolidated emissions
                                                                                       reporting rule. The
                                                                                       entire rule is approved
                                                                                       with the exception of HAP
                                                                                       and greenhouse gas
                                                                                       reporting requirements
                                                                                       which were not included
                                                                                       in the state's SIP
                                                                                       revision request.

[[Page 30]]

 
  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.).
  138......  NOX RACT........      8/3/94      9/9/02  67 FR 57154......  (c)(46)...  Affects sources in York,
                                                                                       Cumberland, Sagadahoc,
                                                                                       Androscoggin, Kennebec,
                                                                                       Lincoln, and Knox
                                                                                       counties.
  138......  NOX RACT........   5/18/95 &      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                  2/16/96                                              FPL Energy's (formerly
                                                                                       Central Maine Power) W.F.
                                                                                       Wyman Station.
  138......  NOX RACT........   6/16/95 &      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                  6/12/96                                              Tree Free Fiber Company,
                                                                                       LLC. (formerly Statler
                                                                                       Tissue).
  138......  NOX RACT........   8/23/95 &      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                  3/10/97                                              Pioneer Plastics
                                                                                       Corporation.
  138......  NOX RACT........    11/15/95      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                                                                       Scott Paper Company.
  138......  NOX RACT........     1/18/96      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                                                                       Chinet Company.
  138......  NOX RACT........      2/7/96      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                                                                       FMC Corporation--Food
                                                                                       from Ingredients
                                                                                       Division.
  138......  NOX RACT........    6/5/96 &      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX FR RACT
                                   3/5/97                                              for Dragon Products
                                                                                       Company, Inc.
  138......  NOX RACT........     6/12/96      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                                                                       S.D. Warren Company.
  138......  NOX RACT........    10/16/96      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                                                                       Mid-Maine Waste Action
                                                                                       Corporation.
  138......  NOX RACT........  10/21/96 &      9/9/92  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                  7/25/97                                              Portsmouth Naval
                                                                                       Shipyard.
  138......  NOX RACT........    11/12/96      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                                                                       Maine Energy Recovery
                                                                                       Company.
  139......  Transportation       9/19/07     2/08/08   73 FR 7465......  (c) 64....
              Conformity.
  141......  Conformity of        9/11/96     9/23/97  62 FR 49611......  (c)(44)...  ``Chapter 141: Conformity
              General Federal                                                          of General Federal
              Actions.                                                                 Actions''.
141........  Conformity of        4/19/07     2/20/08  73 FR 9203.......  (c)(63)...  Amendment to incorporate
              General Federal                                                          new fine particulate
              Actions.                                                                 matter provisions.
  145......  NOX Control          6/21/01     4/10/05  70 FR 11882......  (c)(56)...
              Program.
  148......  Emissions from       7/15/04     5/26/05  70 FR 30376......  (c)(55)...
              Smaller-Scale
              Electric
              Generating
              Resources.
  151......  Architectural       10/06/05     3/17/06  71 FR 13767......  (c)(59)...
              and Industrial
              Maintenance
              (AIM) Coatings.
  152......  Control of           8/19/04    10/24/05  70 FR 61384......  (c)(57)...
              Emissions of
              Volatile
              Organic
              Compounds from
              Consumer
              Products.
  153......  Mobile Equipment      2/5/04     5/26/05  70 FR
              Repair and                                30369(c)(54).
              Refinishing.

[[Page 31]]

 
  155......  Portable Fuel         6/3/04      2/7/05  70 FR 6354.......  (c)(53)...  All of Chapter 155 is
              Container                                                                approved with the
              Spillage                                                                 exception of the word
              Control.                                                                 ``or'' in Subsection 7C
                                                                                       which Maine did not
                                                                                       submit as part of the SIP
                                                                                       revision.
  ``Vehicle  Vehicle               7/9/98     1/10/01  66 FR 1875.......  (c)(48)...  Maine Motor Vehicle
   I/M''.     Inspection and                                                           Inspection Manual,''
              Maintenance.                                                             revised in 1998, pages 1-
                                                                                       12 through 1-14, and page
                                                                                       2-14, D.1.g. Also,
                                                                                       Authorizing legislation
                                                                                       effective July 9, 1998
                                                                                       and entitled L.D. 2223,
                                                                                       ``An Act to Reduce Air
                                                                                       Pollution from Motor
                                                                                       Vehicles and to Meet
                                                                                       Requirements of the
                                                                                       Federal Clean Air Act.''
----------------------------------------------------------------------------------------------------------------
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]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1031, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



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). An amendment to the 1990 base year emission 
inventory for the Portland area was submitted on June 9, 2005. 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.

[[Page 32]]

    (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.
    (f) The Governor's designee for the State of Maine submitted a 2002 
base year emission inventory for Cumberland, Sagadahoc, and York 
counties, to represent emissions for the Portland 8-hour ozone 
nonattainment area on June 9, 2005, as a revision to the State 
Implementation Plan (SIP). The 2002 base year emission inventory 
requirement of 40 CFR 51.915 has been satisfied for this area.

[62 FR 9086, Feb. 28, 1997, as amended at 62 FR 41277, Aug. 1, 1997; 71 
FR 14816, Mar. 24, 2006]



Sec. 52.1037  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Maine'' and all revisions submitted by Maine that were 
federally approved prior to September 1, 2008.
    (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,

[[Page 33]]

1980; December 18, 1980; March 17, 1981. Included are plans to attain: 
The secondary TSP standard for Augusta, Thomaston, Bangor and Brewer; 
the primary and secondary SO2 standard for Millinocket; the 
carbon monoxide standard for Lewiston and Bangor and the ozone standard 
for AQCRS 107 and 110. A program was also submitted for the review of 
construction and operation of new and modified major stationary sources 
of pollution in non-attainment areas. Certain miscellaneous provisions 
are also included.
    (12) A plan to provide for public involvement in federally funded 
air pollution control activities was submitted on May 28, 1980.
    (13) Revisions to Chapter 5--State Implementation Plan--Air Quality 
Surveillance, intended to meet requirements of 40 CFR part 58, were 
submitted by the Commissioner of the Maine Department of Environmental 
Protection on July 1, 1980.
    (14) Revisions to attain and maintain the NAAQS for lead were 
submitted on August 7, and November 5, 1980.
    (15) A revision to Regulation 100.6 (Chapter 106) ``Low Sulfur Fuel 
Regulation'' for the Metropolitan Portland Air Quality Control Region, 
submitted by the Governor of Maine on August 25, 1977.
    (16) Department Regulation Chapter 112, Petroleum Liquid Transfer 
Vapor Recovery, is amended to exempt the town of Searsport, Maine from 
this regulation. This amendment was submitted by Henry E. Warren, 
Commissioner of the Department of Environmental Protection on October 
23, 1981, in order to meet Part D requirements for ozone.
    (17) Regulatory revisions to the plan containing changes to Chapter 
101 ``Visible Emissions Regulation'' submitted August 7, 1980.
    (18) On May 12, 1982 and February 11, 1983 the Maine Department of 
Environmental Protection submitted an emission limit contained in an air 
emissions license which requires Pioneer Plastics, Auburn, Maine to 
reduce its volatile organic compound emissions by at least 85%.
    (19) On January 11, 1983 and March 29, 1984 and December 4, 1984 the 
Maine Department of Environmental Protection submitted revisions to 
Chapter 103 ``Fuel Burning Equipment Particulate Emission Standard.''
    (20) A plan to attain the primary TSP standard in Lincoln, 
consisting of particulate emission limitations contained in an air 
emission license issued to the Lincoln Pulp and Paper Company, Inc., 
submitted by the Commissioner of the Maine Department of Environmental 
Protection on December 18, 1984.
    (21) A revision to approve the deletion of Thomaston from the list 
of applicable municipalities in Maine regulation 29 M.R.S.A. Chapter 
113, submitted by the Commissioner on February 20, 1986.
    (22) Revision to federally-approved regulation Chapter 112, 
Petroleum Liquids Transfer Vapor Recovery [originally approved on 
February 19, 1980, see paragraph (c)(11), of this section, was submitted 
on August 4, 1986, by the Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Regulation Chapter 112(6), Emission Testing, is amended by 
incorporating test methods and procedures as stated in 40 CFR part 60, 
subpart XX, Sec. 60.503 to determine compliance with emission standards 
for volatile organic compound emissions from bulk gasoline terminals. 
This revision to Regulation Chapter 112(6) became effective on July 22, 
1986 in the State of Maine.
    (ii) Additional material. The nonregulatory portions of the state 
submittals.
    (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.

[[Page 34]]

    (25) Revisions to the Maine State Implementation Plan (SIP) for 
ozone submitted on February 14, 1989 and May 3, 1989 by the Maine 
Department of Environmental Protection (DEP) for its state gasoline 
volatility control program, including any waivers under the program that 
Maine may grant. The control period will begin May 1, 1990.
    (i) Incorporation by reference. Maine Department Regulation chapter 
119, Rules and Regulations of the State of Maine, entitled ``Motor 
Vehicle Fuel Volatility Limit,'' adopted August 10, 1988, amended 
Septemter 27, 1989 and effective October 25, 1989.
    (26) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on October 27, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated October 27, 1989 submitting revisions to the Maine State 
Implementation Plan.
    (B) Chapter 100 of the Maine Department of Environmental 
Protection's Air Regulations entitled ``Definitions Regulations,'' 
except for the definition of volatile organic compounds in Chapter 
100(76) which is being incorporated by reference in 40 CFR 
52.1020(c)(27). This regulation was effective in the State of Maine on 
October 3, 1989. Note, the definition of fuel burning equipment in 
Chapter 100(29) is not part of Maine's submittal.
    (C) Chapter 110 except for Chapter 110(2) which is being 
incorporated by reference in 40 CFR 52.1020(c)(27), Chapter 113, Chapter 
114 except for Chapter 114(II) and (III) which are being incorporated by 
reference in 40 CFR 52.1020(c)(27), Chapter 115, and Chapter 116 of the 
Maine Department of Environmental Protection's Air Regulations entitled, 
``Ambient Air Quality Standards,'' ``Growth Offset Regulation,'' 
``Classification of Air Quality Control Regions,'' ``Emission License 
Regulations,'' and ``Prohibited Dispersion Techniques,'' respectively. 
These regulations were effective in the State of Maine on October 25, 
1989. Chapter 108, originally approved on January 30, 1980 and February 
19, 1980 in paragraphs (c)(10) and (c)(11) of this section, is being 
withdrawn and replaced with Chapter 115.
    (D) Portions of Chapter 1 entitled ``Regulations for the Processing 
of Applications,'' effective in the State of Maine on February 8, 1984.
    (ii) Additional materials.
    (A) A State Implementation Plan narrative contained in Chapter 6 
entitled ``Review of New Sources and Modifications.''
    (B) Letter dated May 1, 1989 from the Maine Department of 
Environmental Protection regarding implementation of BACT.
    (C) Nonregulatory portions of the state submittal.
    (27) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on October 31, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated October 31, 1989 submitting revisions to the Maine State 
Implementation Plan.
    (B) The definition of volatile organic compounds in Chapter 100(76) 
of the Maine Department of Environmental Protection's ``Definitions 
Regulations'' effective in the State of Maine on October 3, 1989.
    (C) Chapter 110(2) and Chapter 114 (II) and (III) of the Maine 
Department of Environmental Protection's ``Ambient Air Quality 
Standards'' and ``Classification of Air Quality Control Regions'' 
Regulations effective in the State of Maine on October 25, 1989. 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

[[Page 35]]

submitting revisions to the Maine State Implementation Plan.
    (B) Revisions to Chapter 109 of the Maine Department of 
Environmental Protection Regulations, ``Emergency Episode Regulations,'' 
effective in the State of Maine on September 16, 1991.
    (C) Part B of the Memorandum of Understanding which the Maine 
Department of Environmental Protection (DEP) entered into (and 
effective) on March 11, 1991, with the City of Presque Isle, and the 
Maine Department of Transportation.
    (ii) Additional materials.
    (A) An attainment plan and demonstration which outlines Maine's 
control strategy for attainment of the PM10 NAAQS and implements and 
meets RACM and RACT requirements for Presque Isle.
    (B) Nonregulatory portions of the submittal.
    (29) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 16, 1990, September 
5, 1990, and November 2, 1990.
    (i) Incorporation by reference.
    (A) Letters from the Maine Department of Environmental Protection 
dated July 16, 1990, September 5, 1990, and November 2, 1990, submitting 
revisions to the Maine State Implementation Plan.
    (B) The definitions of actual emissions, baseline concentration, and 
fuel burning equipment in Chapter 100(1), 100(9), and 100(29) of Maine's 
``Definitions Regulation,'' Chapter 110(10) (except for Chapter 
110(10)(C)(3)) of Maine's ``Ambient Air Quality Standards Regulation,'' 
Chapter 113(II)(A) of Maine's ``Growth Offset Regulation,'' and Chapter 
115(I)(B), (VII)(A), (VII)(B)(3), and (VII)(D)(3) of Maine's ``Emission 
License Regulations,'' effective in the State of Maine on July 10, 1990. 
Note that the revised state statute which contains the underlying 
authority to implement the NO2 increments became effective on 
July 14, 1990.
    (ii) Additional materials.
    (A) A state implementation plan narrative contained in Chapter 6 
entitled ``Review of New Sources and Modifications.''
    (B) Nonregulatory portions of the state submittal.
    (30) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on September 29, 1989, 
December 5, 1989 and June 3, 1991.
    (i) Incorporation by reference.
    (A) Letters from the Maine Department of Environmental Protection 
dated September 29, 1989, and June 3, 1991 submitting a revision to the 
Maine State Implementation Plan.
    (B) Chapter 111 ``Petroleum Liquid Storage Vapor Control'' and 
Chapter 123 ``Paper Coater Regulation,'' effective in the state of Maine 
on October 3, 1989.
    (C) Chapter 112 ``Petroleum Liquid Transfer Vapor Recovery,'' 
effective in the State of Maine on June 9, 1991.
    (ii) Additional materials.
    (A) Letter from the Maine Department of Environmental Protection 
dated June 3, 1991 documenting the December 1990 survey conducted to 
satisfy the 5 percent demonstration requirement in order to justify the 
3500 gallon capacity cut-off in chapter 112.
    (B) Letter from the Maine Department of Environmental Protection 
dated December 5, 1989 requesting the withdrawal of operating permits 
for S.D. Warren of Westbrook, Eastern Fine Paper of Brewer, and Pioneer 
Plastics of Auburn incorporated by reference at 40 CFR 52.1020 (c)(11) 
and (c)(18).
    (C) Nonregulatory portions of the submittal.
    (31) Revisions to the State Implementation Plan submitted by the 
Maine 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.

[[Page 36]]

    (A) Nonregulatory portions of the submittal.
    (32) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on June 5, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated June 3, 1991 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 126 of the Maine Department of Environmental Protection 
Regulations, ``Capture Efficiency Test Procedures'' effective in the 
State of Maine on June 9, 1991.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (33) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on January 8, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated January 8, 1993, submitting a revision to the Maine State 
Implementation Plan.
    (B) Revised Chapter 100 of the Maine Department of Environmental 
Protection Regulations, ``Definitions'' effective in the State of Maine 
on February 10, 1993.
    (C) Chapter 129 of the Maine Department of Environmental Protection 
Regulations, ``Surface Coating Facilities'' effective in the State of 
Maine on February 10, 1993.
    (D) Chapter 130 of the Maine Department of Environmental Protection 
Regulations, ``Solvent Degreasers'' effective in the State of Maine on 
February 10, 1993.
    (E) Chapter 131 of the Maine Department of Environmental Protection 
Regulations, ``Cutback and Emulsified Asphalt'' effective in the State 
of Maine on February 10, 1993.
    (F) Chapter 132 of the Maine Department of Environmental Protection 
Regulations, ``Graphic Arts--Rotogravure and Flexography'' effective in 
the State of Maine on February 10, 1993.
    (G) Appendix A ``Volatile Organic Compounds Test Methods and 
Compliance Procedures'' incorporated into Chapters 129 and 132 of the 
Maine Department of Environmental Protection Regulations, effective in 
the State of Maine on February 10, 1993.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (34) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on January 3, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated January 3, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (B) Revised Chapter 100 of the Maine Department of Environmental 
Protection Regulations, ``Definitions'' effective in the State of Maine 
on December 12, 1993.
    (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,

[[Page 37]]

with the exception of the definitions of the following terms: 
``curtailment,'' ``federally enforceable,'' ``major modification,'' `` 
major source,'' ``nonattainment pollutant,'' ``shutdown,'' ``significant 
emissions,'' and ``significant emissions increase.''
    (C) Chapter 112 of the Maine Department of Environmental Protection 
Regulations, ``Petroleum Liquids Transfer Vapor Recovery,'' effective in 
the State of Maine on July 11, 1994.
    (D) Chapter 118 of the Maine Department of Environmental Protection 
Regulations, ``Gasoline Dispensing Facilities Vapor Control,'' effective 
in the State of Maine on July 11, 1994.
    (E) Chapter 133 of the Maine Department of Environmental Protection 
Regulations, ``Petroleum Liquids Transfer Vapor Recovery at Bulk 
Gasoline Plants,'' effective in the State of Maine on July 11, 1994.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (37) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 12, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated July 5, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (B) Maine's Chapter 100 entitled, ``Definition Regulations.'' This 
regulation was effective in the State of Maine on July 11, 1994.
    (C) Maine's Chapter 113 entitled, ``Growth Offset Regulation.'' This 
regulation was effective in the State of Maine on July 11, 1994.
    (D) Maine's Chapter 115 entitled, ``Emission License Regulation,'' 
except for Section 115(VII)(E) of this Chapter and all references to 
this Section. This regulation was effective in the State of Maine on 
July 11, 1994.
    (ii) Additional materials.
    (A) Nonregulatory portions of the State submittal.
    (38) Revisions to the State Implementation Plan establishing a Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program were submitted by the Maine Department of 
Environmental Protection on July 7, and August 16, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated July 7, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (B) Revisions to the State Implementation Plan for the Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program dated July 12, 1994 and effective on May 11, 1994.
    (C) Letter from the Maine Department of Environmental Protection 
dated August 16, 1994 submitting a corrected page to the July 12, 1994 
SIP revision.
    (39) [Reserved]
    (40) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on June 1, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated June 1, 1994 submitting revisions to the Maine State 
Implementation Plan.
    (B) Revisions to Chapter 114 of the Maine Department of 
Environmental Protection Regulations, ``Classification of Air Quality 
Control Regions,'' adopted by the Board of Environmental 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,

[[Page 38]]

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.
    (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.
    (45) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on April 28, 1995, January 
10, 1996, July 1, 1997, October 9, 1997, November 14, 1997, and December 
10, 1997.
    (i) Incorporation by reference.
    (A) Chapter 134 of the Maine Department of Environmental Protection 
regulations entitled ``Reasonably Available Control Technology for 
Facilities that Emit Volatile Organic Compounds,'' effective in the 
State of Maine on February 15, 1995, is granted a full approval for the 
following counties: York, Sagadahoc, Cumberland, Androscoggin, Kennebec, 
Knox, Lincoln, Hancock, Waldo, Aroostook, Franklin, Oxford, and 
Piscataquis. This rule is granted a limited approval for Washington, 
Somerset, and Penobscot Counties.
    (B) License Amendment 5 issued by the Maine Department of 
Environmental Protection to Prime Tanning Company on July 23, 1997.
    (C) License Amendment 6 issued by the Maine Department of 
Environmental Protection to Prime Tanning Company on October 27, 1997.
    (D) License issued by the Maine Department of Environmental 
Protection to JJ Nissen Baking Company on February 25, 1997.

[[Page 39]]

    (E) License Amendment 4 issued by the Maine Department of 
Environmental Protection to Portsmouth Naval Shipyard on July 25, 1997.
    (F) License issued by the Maine Department of Environmental 
Protection to Dexter Shoe Company on December 5, 1996.
    (G) License Amendment 1 issued by the Maine Department of 
Environmental Protection to Dexter Shoe Company on October 20, 1997.
    (H) License Amendment 3 issued by the Maine Department of 
Environmental Protection to Pioneer Plastics Corporation on June 16, 
1997.
    (I) License Amendment 10 issued by the Maine Department of 
Environmental Protection to Georgia Pacific Corporation on January 4, 
1996.
    (J) License Amendment 5 issued by the Maine Department of 
Environmental Protection to Champion International Corporation on 
January 18, 1996.
    (K) License Amendment 8 issued by the Maine Department of 
Environmental Protection to International Paper Company on October 4, 
1995.
    (L) License Amendment 9 issued by the Maine Department of 
Environmental Protection to International Paper Company on December 13, 
1995.
    (M) License Amendment 6 issued by the Maine Department of 
Environmental Protection to James River Corporation on December 8, 1995.
    (N) License Amendment 8 issued by the Maine Department of 
Environmental Protection to Lincoln Pulp and Paper Co. on December 18, 
1995.
    (O) License Amendment 14 issued by the Maine Department of 
Environmental Protection to S.D. Warren Paper Company's Westbrook, Maine 
facility on December 18, 1995.
    (P) License Amendment 14 issued by the Maine Department of 
Environmental Protection to S.D. Warren Paper Company's Skowhegan, Maine 
facility on October 4, 1995.
    (Q) License Amendment 15 issued by the Maine Department of 
Environmental Protection to S.D. Warren Paper Company's Skowhegan, Maine 
facility on January 9, 1996.
    (R) License Amendment 11 issued by the Maine Department of 
Environmental Protection to Boise Cascade Corporation on December 20, 
1995.
    (ii) Additional materials.
    (A) Letter from the Maine Department of Environmental Protection 
dated November 15, 1994 stating a negative declaration for the Synthetic 
Organic Chemical Manufacturing Industry Distillation and Reactors 
Control Technique Guideline categories.
    (B) Nonregulatory portions of the submittal.
    (46) Revision to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 5, 1994.
    (i) Incorporation by reference.
    (A) Chapter 138 of the Maine Department of Environmental Protection 
Regulations, ``Reasonably Available Control Technology For Facilities 
That Emit Nitrogen Oxides.'' Affects sources in York, Cumberland, 
Sagadahoc, Androscoggin, Kennebec, Lincoln, and Knox counties. This rule 
was adopted and effective in the State of Maine on August 3, 1994.
    (ii) Additional materials.
    (A) Letter from the Maine Department of Environmental Protection 
dated August 5, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (47) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 1, 1997, October 9, 
1997, and August 14, 1998.
    (i) Incorporation by reference.
    (A) Air emission license A-388-71-C-A, Amendment 1, 
condition (q); and A-388-71-D-M, amendment 1, conditions 19 and 
23 for FPL Energy's (formerly Central Maine Power) W.F. Wyman Station 
issued by Maine Department of Environmental Protection on May 18, 1995, 
and February 16, 1996, respectively.
    (B) Air emission licenses A-195-71-G-M, Amendment 1, and A-
195-71-D-A/R, section (II)(D), paragraphs (II)(F)(1) and (3), and 
conditions 12(A), 12(C), (13), (14) and (15) for Tree Free Fiber 
Company, LLC, (formerly Statler Industries Inc.) issued by Maine 
Department of Environmental Protection on June 12, 1996, and, June 16, 
1995, respectively.
    (C) Air emission licenses A-448-72-K-A/R, paragraphs (II)(D)(2), 
(II)(D)(3) and

[[Page 40]]

conditions (13)(f) and 14(k); and A-448-71-O-M, Amendment 2, 
condition (14)(k), for Pioneer Plastics Corporation issued by Maine 
Department of Environmental Protection on August 23, 1995, and March 10, 
1997, respectively.
    (D) Air emission license A-188-72-E-A, Amendment 2, 
conditions 8, paragraph 1, and 9, paragraphs 1, 2 and 4, for Scott Paper 
Company issued by Maine Department of Environmental Protection on 
November 15, 1995.
    (E) Air emission license A-416-72-B-A, conditions (l) 1, 2, 3a, 3b, 
3c, 3e, and (m) for The Chinet Company issued by Maine Department of 
Environmental Protection on January 18, 1996.
    (F) Air emission license A-366-72-H-A, Amendment 5, 
conditions 3, 4, 5, 7, 9, 11, 12, 15, 16, and 18 for FMC Corporation--
Food Ingredients Division issued by Maine Department of Environmental 
Protection on February 7, 1996.
    (G) Air emission licenses A-326-72-N-A, Amendment 5, and A-
326-71-P-M, Amendment 7, for Dragon Products Company, Inc., 
issued by Maine Department of Environmental Protection on June 5, 1996, 
and March 5, 1997, respectively.
    (H) Air emission license A-29-71-Y-A, Amendment 13, 
conditions (k)2, (k)3, (q)8 and (p) for S.D. Warren Company issued by 
Maine Department of Environmental Protection on June 12, 1996.
    (I) Air emission license A-378-72-E-A, Amendment 2, for 
Mid-Maine Waste Action Corporation issued by Maine Department of 
Environmental Protection on October 16, 1996.
    (J) Air emission licenses A-452-71-D-A, Amendment 2, 
conditions 3, 4, 5, 7, 9, 11, 16, 17, 18, 19, and 20; and A-452-71-F-M, 
Amendment 4, condition 4 for Portsmouth Naval Shipyard issued 
by Maine Department of Environmental Protection on October 21, 1996, and 
July 25, 1997, respectively.
    (K) Air emission license A-46-71-L-A, Amendment 4, for 
Maine Energy Recovery Company issued by Maine Department of 
Environmental Protection on November 12, 1996.
    (ii) Additional materials.
    (A) Letters from the Maine Department of Environmental Protection 
dated July 1, 1997, October 9, 1997, and August 14, 1998, submitting 
case-specific NOX RACT determinations.
    (48) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on November 19, 1998.
    (i) Incorporation by reference.
    (A) ``Maine Motor Vehicle Inspection Manual,'' as revised in 1998, 
pages 1-12 through 1-14, and page 2-14, D.1.g.
    (B) Authorizing legislation effective July 9, 1998 and entitled H.P. 
1594--L.D. 2223, ``An Act to Reduce Air Pollution from Motor Vehicles 
and to Meet Requirements of the Federal Clean Air Act.''
    (ii) Additional material.
    (A) Document entitled ``State of Maine Implementation Plan for 
Inspection/Maintenance'' dated November 11, 1998.
    (B) Letter from the Maine Department of Environmental Protection 
dated November 19, 1998 submitting a revision to the Maine State 
Implementation Plan.
    (49) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on June 7, 2000 and May 29, 
2001.
    (i) Incorporation by reference.
    Maine Chapter 119, entitled ``Motor Vehicle Fuel Volatility Limit'' 
as amended and effective on June 1, 2000.
    (ii) Additional materials.
    (A) Letter from the Maine Department of Environmental Protection 
dated June 7, 2000 submitting Chapter 119 as a revision to the Maine 
State Implementation Plan.
    (B) Letter from the Maine Department of Environmental Protection 
dated May 29, 2001 submitting additional technical support and an 
enforcement plan for Chapter 119 as an amendment to the State 
Implementation Plan.
    (50) [Reserved]
    (51) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on October 11, 2001.
    (i) Incorporation by reference.
    (A) License Amendment 10 issued by the Maine Department of 
Environmental Protection to Bath Iron Works Corporation on April 11, 
2001.

[[Page 41]]

    (B) License Amendment 6 issued by the Maine Department of 
Environmental Protection to Pratt & Whitney on April 26, 2001.
    (C) License Amendment 7 issued by the Maine Department of 
Environmental Protection to Pratt & Whitney on July 2, 2001.
    (D) License Amendment 2 issued by the Maine Department of 
Environmental Protection to Moosehead Manufacturing Co.'s Dover-Foxcroft 
plant on May 10, 2001.
    (E) License Amendment 2 issued by the Maine Department of 
Environmental Protection to Moosehead Manufacturing Co.'sMonson plant on 
May 10, 2001.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (52) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 23, 1996.
    (i) Incorporation by reference.
    (A) Chapter 110 of the Maine Department of Environmental Protection 
regulations, ``Ambient Air Quality Standards,'' adopted by the Board of 
Environmental Protection on July 24, 1996, and effective August 6, 1996.
    (B) [Reserved]
    (53) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on December 29, 2003, 
October 22, 2004, and December 9, 2004.
    (i) Incorporation by reference.
    (A) Chapter 155 of the Maine Department of Environmental Protection 
Regulations, ``Portable Fuel Container Spillage Control,'' effective in 
the State of Maine on July 14, 2004, with the exception of the word 
``or'' in Subsection 7C which Maine did not submit as part of the SIP 
revision.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (54) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on March 8, 2004, and June 
28, 2004.
    (i) Incorporation by reference. (A) Chapter 153 of the Maine 
Department of Environmental Protection Regulations, ``Mobile Equipment 
Repair and Refinishing,'' effective in the State of Maine on February 
25, 2004.
    (B) Chapter 130 of the Maine Department of Environmental Protection 
Regulations, ``Solvent Cleaners,'' effective in the State of Maine on 
June 28, 2004.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (55) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 29, 2004.
    (i) Incorporation by reference.
    (A) Chapter 148 of the Maine Department of Environmental Protection 
Regulations, ``Emissions from Smaller-Scale Electric Generating 
Resources'' effective in the State of Maine on August 9, 2004.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (56) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on February 12, 2004.
    (i) Incorporation by reference.
    (A) Chapter 145 of the Maine Department of Environmental Protection 
Regulations, ``NOX Control Program,'' effective in the State 
of Maine on July 22, 2001.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (57) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 27, 2004, and 
September 8, 2004.
    (i) Incorporation by reference.
    (A) Chapter 152 of the Maine Department of Environmental Protection 
Regulations, ``Control of Emissions of Volatile Organic Compounds from 
Consumer Products,'' effective in the State of Maine on September 1, 
2004.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (58) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on February 25, 2004 and 
December 9, 2004 submitting Maine's Low Emission Vehicle Program.
    (i) Incorporation by reference.

[[Page 42]]

    (A) Chapter 127 of the Maine Department of Environmental Protection 
rules entitled ``New Motor Vehicle Emission Standards'' with an 
effective date of December 31, 2000, including the Basis Statements and 
Appendix A.
    (59) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on December 3, 2004, 
January 5, 2005, October 31, 2005, and November 9, 2005.
    (i) Incorporation by reference.
    (A) Chapter 151 of the Maine Department of Environmental Protection 
Regulations, ``Architectural and Industrial Maintenance (AIM) 
Coatings,'' effective in the State of Maine on November 1, 2005.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (60) [Reserved]
    (61) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on April 27, 2005.
    (i) Incorporation by reference.
    (A) Chapter 102 of Maine Department of Environmental Protection 
Rules, entitled ``Open Burning,'' effective in the State of Maine on 
April 25, 2005.
    (B) State of Maine MAPA 1 form which provides certification that the 
Attorney General approved the rule as to form and legality, dated April 
12, 2005.
    (62) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 14, 2004, and 
February 8, 2006.
    (i) Incorporation by reference.
    (A) Chapter 100 of the Maine Department of Environmental Protection 
Regulations, ``Definitions,'' effective in the State of Maine December 
24, 2005.
    (B) Chapter 137 of the Maine Department of Environmental Protection 
Regulations, ``Emission Statements,'' effective in the State of Maine on 
July 6, 2004, with the exception of the following sections which the 
state did not include in its SIP revision request: section 137.1.C; 
section 137.1.E; section 137.1.F; section 137.2.A through F; section 
137.2.H; section 137.3.B; section 137.3.C; section 137.4.D(4), from the 
sentence beginning with ``Greenhouse gases'' to the end of this section; 
the note within section 137.D(5); section 137(E), and; Appendix A.
    (ii) Additional materials.
    (A) Nonregulatory portions of these submittals.
    (B) Correspondence from David W. Wright of the Maine DEP dated June 
6, 2006, indicating which portions of Chapter 137 should not be 
incorporated into the State's SIP.
    (63) Revision to Chapter 141 ``Conformity of General Federal 
Actions,'' submitted by the Maine Department of Environmental Protection 
on June 29, 2007 and effective in the State of Maine on May 21, 2007.
    (i) Incorporation by reference.
    (A) Chapter 141 ``Conformity of General Federal Actions'' 1. 
Definition. Effective in the State of Maine on May 21, 2007.
    (ii) Additional Materials.
    (A) Chapter 141 ``Conformity of General Federal Actions,'' 2. 
Conformity to State and Federal Implementation Plans. The Maine 
Department of Environmental Protection amended its incorporation-by-
reference within Chapter 141.2 to reflect EPA's revision to the Federal 
General Conformity Rule for fine particulate matter promulgated on July 
17, 2006 (71 FR 40420-40427); specifically 40 CFR 51.852 Definitions and 
40 CFR 51.853 Applicability.
    (64) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on October 3, 2007.
    (i) Incorporation by reference.
    (A) Maine Administrative Procedure Act (MAPA) 1 Form which provides 
certification that the Attorney General approved Chapter 139 
``Transportation Conformity,'' as to form and legality, dated September 
10, 2007.
    (B) Chapter 139 of the Maine Department of Environmental Protection 
Regulations, ``Transportation Conformity,'' effective in the State of 
Maine on September 19, 2007.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.

[37 FR 10870, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1037, see the List of CFR Sections Affected, which appears in the

[[Page 43]]

Finding Aids section of the printed volume and on GPO Access.



                           Subpart V_Maryland



Sec. 52.1070  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for Maryland under section 110 of the Clean Air Act, 
42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air quality 
standards.
    (b) Incorporation by reference. (1) Material listed as incorporated 
by reference in paragraphs (c) and (d) 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 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 on or after December 1, 2008 
will be incorporated by reference in the next update to the SIP 
compilation.
    (2) EPA Region III certifies that the rules/regulations provided by 
EPA at the addresses in paragraph (b)(3) of this section are an exact 
duplicate of the officially promulgated State rules/regulations which 
have been approved as part of the State implementation plan as of 
December 1, 2008.
    (3) Copies of the materials incorporated by reference may be 
inspected at the EPA Region III Office at 1650 Arch Street, 
Philadelphia, PA 19103. For further information, call (215) 814-2108; 
the EPA, Air and Radiation Docket and Information Center, Room Number 
3334, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC 
20460. For further information, call (202) 566-1742; or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (c) EPA approved regulations.

                                  EPA-Approved Regulations in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
    Code of Maryland
     Administrative                               State effective                                Additional
  Regulations  (COMAR)        Title/subject            date           EPA approval date     explanation/citation
        citation                                                                             at 40 CFR 52.1100
----------------------------------------------------------------------------------------------------------------
                                   26.11.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
26.11.01.01A., .01B      Definitions...........  10/10/01          5/28/02, 67 FR 36810    (c)(171); Additional
 Exceptions: .01B(3),                                                                       EPA approvals are
 (13), (21) through                                                                         codified at Sec.
 (23), (25).                                                                                Sec.
                                                                                            52.1100(c)(119),
                                                                                            (c)(122), (c)(143),
                                                                                            (c)(148), (c)(158),
                                                                                            (c)(159), and
                                                                                            (c)(164).
26.11.01.01B(53).......  Definitions--definitio  10/8/07           3/31/08, 73 FR 10673    Definition reflects
                          n of volatile organic                                             the version of 40
                          compound (VOC).                                                   CFR 51.100(s), as
                                                                                            amended.
26.11.01.02............  Relationship of         8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(1).
                          Provisions in this
                          Subtitle.
26.11.01.03............  Delineation of Areas..  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(1).
26.11.01.04............  Testing and Monitoring  6/19/06           1/3/07, 72 FR 18        Paragraph .04C(2) is
                                                                                            added. The SIP
                                                                                            effective date is 3/
                                                                                            6/07.
26.11.01.05............  Records and             6/30/97, 12/10/   5/28/02, 67 FR 36810    (c)(172).
                          Information.            01
26.11.01.05-1..........  Emission Statements...  12/7/92           10/12/94, 59 FR 51517   (c)(109).
26.11.01.06............  Circumvention.........  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(1).
26.11.01.07............  Malfunctions and Other  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(1).
                          Temporary Increases
                          in Emissions.
26.11.01.08............  Determination of        8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(5).
                          Ground Level
                          Concentrations--Accep
                          table Techniques.
26.11.01.09............  Vapor Pressure of       8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(5)
                          Gasoline.

[[Page 44]]

 
26.11.01.10............  Continuous Emission     7/22/91           2/28/96, 61 FR 7418     (c)(106); TM90-01 was
                          Monitoring (CEM)                                                  approved as
                          Requirements.                                                     ``additional
                                                                                            material'', but not
                                                                                            IBR'd.
----------------------------------------------------------------------------------------------------------------
                                  26.11.02 Permits, Approvals, and Registration
----------------------------------------------------------------------------------------------------------------
26.11.02.01............  Definitions...........  5/8/95            2/27/03, 68 FR 9012     (c)(182); Exceptions:
                                                                                            26.11.02.01B(1), (1-
                                                                                            1), (4)-(6), (10),
                                                                                            (15), (16), (22),
                                                                                            (29)-(33), (37),
                                                                                            (39), (42), (46),
                                                                                            (49), (50), (54).
26.11.02.02............  General Provisions....  5/8/95            2/27/03, 68 FR 9012     (c)(182); Exception:
                                                                                            .02D.
26.11.02.03............  Federally Enforceable   5/8/95            2/27/03, 68 FR 9012     (c)(182).
                          Permits to Construct
                          and State Permits to
                          Operate.
26.11.02.04............  Duration of Permits...  5/8/95            2/27/03, 68 FR 9012     (c)(182); Exception:
                                                                                            .04C(2).
26.11.02.05............  Violation of Permits    5/8/95            2/27/03, 68 FR 9012     (c)(182).
                          and Approvals.
26.11.02.06............  Denial of Applications  5/8/95, 6/16/97   2/27/03, 68 FR 9012     (c)(182).
                          for State Permits and
                          Approvals.
26.11.02.07............  Procedures for          5/8/95            2/27/03, 68 FR 9012     (c)(182).
                          Denying, Revoking, or
                          Reopening and
                          Revising a Permit or
                          Approval.
26.11.02.08............  Late Applications and   5/8/95            2/27/03, 68 FR 9012     (c)(182).
                          Delays in Acting on
                          Applications.
26.11.02.09............  Sources Subject to      5/8/95, 5/4/98    2/27/03, 68 FR 9012     (c)(182).
                          Permits to Construct
                          and Approvals.
26.11.02.10............  Sources Exempt from     5/8/95, 6/16/97,  2/27/03, 68 FR 9012     (c)(182).
                          Permits to Construct    9/22/97, 3/22/
                          and Approvals.          99
26.11.02.11............  Procedures for          5/8/95, 6/16/97   2/27/03, 68 FR 9012     (c)(182); Exception:
                          Obtaining Permits to                                              .11C.
                          Construct Certain
                          Significant Sources.
26.11.02.12............  Procedures for          5/8/95            2/27/03, 68 FR 9012     (c)(182).
                          Obtaining Approvals
                          of PSD Sources and
                          NSR Sources, Permits
                          to Construct, Permits
                          to Construct MACT
                          Determinations on a
                          Case-by-Case Basis in
                          Accordance with 40
                          CFR Part 63, Subpart
                          B, and Certain 100-
                          Ton Sources.
26.11.02.13............  Sources Subject to      5/8/95            2/27/03, 68 FR 9012     (c)(182).
                          State Permits to
                          Operate.
26.11.02.14............  Procedures for          5/8/95, 6/16/97   2/27/03, 68 FR 9012     (c)(182).
                          Obtaining State
                          Permits to Operate
                          and Permits to
                          Construct Certain
                          Sources and Permits
                          to Construct Control
                          Equipment on Existing
                          Sources.
----------------------------------------------------------------------------------------------------------------
                                     26.11.04 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
26.11.04.02............  State-Adopted National  5/8/95            8/20/01, 66 FR 43485    (c)(165).
                          Ambient Air Quality
                          Standards.
26.11.04.03............  Definitions, Reference  2/28/05           6/14/06, 71 FR 34257
                          Conditions, and
                          Methods of
                          Measurement.
26.11.04.04............  Particulate Matter....  2/28/05           6/14/06, 71 FR 34257    Addition of ambient
                                                                                            air quality standard
                                                                                            for PM2.5.
26.11.04.05............  Sulfur Oxides.........  2/28/05           6/14/06, 71 FR 34257
26.11.04.06............  Carbon Monoxide.......  1/5/88;           4/7/93, 58 FR 18010     (c)(92).
                                                  recodified,
                                                  8/1/88
26.11.04.07............  Ozone.................  2/28/05           6/14/06, 71 FR 34257    Addition of an 8-hour
                                                                                            ambient air quality
                                                                                            standard for ozone.
26.11.04.08............  Nitrogen Dioxide......  2/28/05           6/14/06, 71 FR 34257
26.11.04.09............  Lead..................  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(3).
----------------------------------------------------------------------------------------------------------------

[[Page 45]]

 
                                       26.11.05 Air Quality Episode System
----------------------------------------------------------------------------------------------------------------
26.11.05.01............  Definitions...........  6/18/90           4/14/94, 59 FR 17698    (c)(100).
26.11.05.02............  General Requirements..  6/18/90           4/14/94, 59 FR 17698    (c)(100).
26.11.05.03............  Air Pollution Episode   6/18/90           4/14/94, 59 FR 17698    (c)(100).
                          Criteria.
26.11.05.04............  Standby Emissions       8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(4).
                          Reduction Plan.
26.11.05.05............  Control Requirements    6/18/90           4/14/94, 59 FR 17698    (c)(100).
                          and Standby Orders.
26.11.05.06............  Tables................  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(4).
----------------------------------------------------------------------------------------------------------------
                      26.11.06 General Emissions Standards, Prohibitions, and Restrictions
----------------------------------------------------------------------------------------------------------------
26.11.06.01............  Definitions...........  5/8/91            11/29/94, 59 FR 60908   (c)(102)(i)(B)(14).
26.11.06.02 [Except:     Visible Emissions.....  11/24/03          8/1/07, 72 FR 41891     Revised paragraph
 .02A(1)(e), (1)(g),                                                                        26.11.06.02A(2).
 (1)(h), (1)(i)].
26.11.06.03............  Particulate Matter....  11/11/02          8/6/03, 68 FR 46487     (c)(181).
26.11.06.04............  Carbon Monoxide in      1/5/88;           4/7/93, 58 FR 18010     (c)(92).
                          Areas III and IV.       recodified,
                                                  8/1/88
26.11.06.05............  Sulfur Compounds from   11/11/02          8/6/03, 68 FR 46487     (c)(181).
                          Other than Fuel
                          Burning Equipment.
26.11.06.06............  Volatile Organic        9/22/97           5/7/01, 66 FR 22924     (c)(156) Note: On 2/
                          Compounds.                                                        27/03 (68 FR 9012),
                                                                                            EPA approved a
                                                                                            revised rule
                                                                                            citation with a
                                                                                            State effective date
                                                                                            of 5/8/95
                                                                                            [(c)(182)(i)(C)].
26.11.06.10............  Refuse Burning          8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(5).
                          Prohibited in Certain
                          Installations.
26.11.06.14............  Control of PSD sources  10/10/01          5/28/02, 67 FR 36810    (c)(171).
26.11.06.15............  Nitrogen Oxides from    8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(5).
                          Nitric Acid Plants.
26.11.06.16............  Tables................  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(5).
----------------------------------------------------------------------------------------------------------------
                                               26.11.07 Open Fires
----------------------------------------------------------------------------------------------------------------
26.11.07.01............  Definitions...........  5/22/95           6/11/02, 67 FR 39856    (c)(173).
26.11.07.02............  General...............  5/22/95           2/25/97, 62 FR 8380     (c)(120).
26.11.07.03............  Control Officer May     8/11/97           6/11/02, 67 FR 39856    (c)(173).
                          Authorize Certain
                          Open Fires.
26.11.07.04............  Public Officers May     5/22/95           2/25/97, 62 FR 8380     (c)(120).
                          Authorize Certain
                          Fires.
26.11.07.05............  Open Fires Allowed      5/22/95           2/25/97, 62 FR 8380     (c)(120) .05A(3) &
                          Without Authorization                                             (4), and .05B(3) are
                          of Control Officer or                                             State-enforceable
                          Public Officer.                                                   only.
26.11.07.06............  Safety Determinations   8/11/97           6/11/02, 67 FR 39856    (c)(173).
                          at Federal Facilities.
----------------------------------------------------------------------------------------------------------------
                                    10.18.08/26.11.08 Control of Incinerators
----------------------------------------------------------------------------------------------------------------
10.18.08/26.11.08.01...  Definitions...........  9/12/05           9/15/08, 73 FR 53130    Definition of
                                                                                            ``crematory'' is
                                                                                            added.
10.18.08.02............  Applicability.........  7/18/80           8/5/81, 46 FR 39818     (c)(45).
10.18.08.03............  Prohibition of Certain  6/8/81            5/11/82, 47 FR 20126    (c)(58).
                          Incinerators in Areas
                          III and IV.
10.18.08/26.11.08.04...  Visible Emissions.....  11/24/03          8/1/07, 72 FR 41891     Revised paragraph
                                                                                            26.11.08.04C.
10.18.08/26.11.08.05...  Particulate Matter....  9/12/05           9/15/08, 73 FR 53130    Sections .05A(3) and
                                                                                            .05B(2)(a) are
                                                                                            revised.
10.18.08.06............  Prohibition of          3/25/84           7/2/85, 50 FR 27245     (c)(82).
                          Unapproved Hazardous
                          Waste Incinerators.
----------------------------------------------------------------------------------------------------------------

[[Page 46]]

 
 26.11.09 Control of Fuel Burning Equipment and Stationary Internal Combustion Engines, and Certain Fuel-Burning
                                                  Installations
----------------------------------------------------------------------------------------------------------------
26.11.09.01............  Definitions...........  9/12/05           6/13/06, 71 FR 34014    Revised definition of
                                                                                            ``interruptible gas
                                                                                            service'' in
                                                                                            26.11.09.01B(4).
26.11.09.02............  Applicability.........  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(7).
26.11.09.03............  General Conditions for  6/21/04           7/6/05, 70 FR 38774     Revised paragraphs
                          Fuel Burning                                                      26.11.09.03C(1) and
                          Equipment.                                                        .03C(2).
26.11.09.04............  Prohibition of Certain  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(7).
                          New Fuel Burning
                          Equipment.
26.11.09.05............  Visible Emissions.....  11/24/03          8/1/07, 72 FR 41891     Revised paragraph
                                                                                            26.11.09.05A(3).
26.11.09.06............  Control of Particulate  6/21/04           7/6/05, 70 FR 38774     Addition of paragraph
                          Matter.                                                           26.11.09.06C.
26.11.09.07............  Control of Sulfur       8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(7).
                          Oxides from Fuel
                          Burning Equipment.
26.11.09.08............  Control of NOX          11/24/03          9/20/04, 69 FR 56170    (c)(191).
                          Emissions for Major
                          Stationary Sources.
26.11.09.09............  Tables and Diagrams...  11/11/02          5/1/03, 68 FR 23206     (c)(183); Revised
                                                                                            Table 1.
----------------------------------------------------------------------------------------------------------------
                           26.11.10 Control of Iron and Steel Production Installations
----------------------------------------------------------------------------------------------------------------
26.11.10.01............  Definitions...........  12/25/00          11/7/01, 66 FR 56222    (c)(163).
26.11.10.02............  Applicability.........  11/2/98           9/7/01, 66 FR 46727     (c)(153).
26.11.10.03............  Visible Emissions.....  11/24/03          8/1/07, 72 FR 41891     Revised paragraph
                                                                                            26.11.10.03A(2).
26.11.10.04............  Control of Particulate  11/2/98           9/7/01, 66 FR 46727     (c)(153).
                          Matter.
26.11.10.05............  Sulfur Content          11/2/98           9/7/01, 66 FR 46727     (c)(153).
                          Limitations for Coke
                          Oven Gas.
26.11.10.06[1].........  Control of Volatile     12/25/00          11/7/01, 66 FR 56222    (c)(163).
                          Organic Compounds
                          from Iron and Steel
                          Production
                          Installations.
26.11.10.06[2].........  Carbon Monoxide.......  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(8).
26.11.10.07............  Testing and             12/25/00          11/7/01, 66 FR 56222    (c)(163).
                          Observation
                          Procedures.
----------------------------------------------------------------------------------------------------------------
26.11.11 Control of Petroleum Products Installations, Including Asphalt Paving, Asphalt Concrete Plants, and Use
                                                  of Waste Oils
----------------------------------------------------------------------------------------------------------------
26.11.11.01............  Applicability.........  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(9).
26.11.11.02............  Asphalt Paving........  4/26/93           1/6/95, 60 FR 2018      (c)(113)(i)(B)(1).
26.11.11.03............  Asphalt Concrete        8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(9).
                          Plants in Areas I,
                          II, V, and VI.
26.11.11.06............  Use of Waste Oils as    8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(9).
                          Fuel.
----------------------------------------------------------------------------------------------------------------
                        26.11.12 Control of Batch Type Hot-Dip Galvanizing Installations
----------------------------------------------------------------------------------------------------------------
26.11.12.01............  Definitions...........  5/8/95            7/25/00, 64 FR 45743    (c)(149).
26.11.12.02............  Applicability.........  5/8/95            7/25/00, 64 FR 45743    (c)(149).
26.11.12.03............  Prohibitions and        5/8/95            7/25/00, 64 FR 45743    (c)(149).
                          Exemptions.
26.11.12.04............  Visible Emissions.....  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(10).
26.11.12.05............  Particulate Matter....  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(10).
26.11.12.06............  Reporting Requirements  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(10).
----------------------------------------------------------------------------------------------------------------
                 26.11.13 Control of Gasoline and Volatile Organic Compound Storage and Handling
----------------------------------------------------------------------------------------------------------------
26.11.13.01............  Definitions...........  10/18/07          7/18/08, 73 FR 41268
26.11.13.02............  Applicability and       4/26/93           1/6/95, 60 FR 2018      (c)(113)(i)(B)(3).
                          Exemption.
26.11.13.03............  Large Storage Tanks...  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(12).
26.11.13.04............  Loading Operations....  8/11/97           12/22/98, 63 FR 70667   (c)(132).
26.11.13.05............  Gasoline Leaks from     2/15/93           1/6/95, 60 FR 2018      (c)(112).
                          Tank Trucks.
26.11.13.06............  Plans for Compliance..  4/26/93           1/6/95, 60 FR 2018      (c)(113)(i)(B)(5).
26.11.13.07............  Control of Gasoline     6/18/07           7/17/08, 73 FR 40970
                          and VOC Emissions
                          from Portable Fuel
                          Containers.
26.11.13.08............  Control of VOC          10/18/07          7/18/08, 73 FR 41268    New Regulation.
                          Emissions from Marine
                          Vessel Loading.
----------------------------------------------------------------------------------------------------------------

[[Page 47]]

 
                               26.11.14 Control of Emissions From Kraft Pulp Mills
----------------------------------------------------------------------------------------------------------------
26.11.14.01............  Definitions...........  1/8/01, 10/15/01  11/7/01, 66 FR 56220    (c)(170).
26.11.14.02............  Applicability.........  1/8/01            11/7/01, 66 FR 56220    (c)(170).
26.11.14.06............  Control of Volatile     1/8/01, 10/15/01  11/7/01, 66 FR 56220    (c)(170).
                          Organic Compounds.
----------------------------------------------------------------------------------------------------------------
                          26.11.17 Requirements for Major New Sources and Modifications
----------------------------------------------------------------------------------------------------------------
26.11.17.01............  Definitions...........  11/24/03          9/20/04, 69 FR 56170    52.1070(c)(191).
26.11.17.02............  Applicability.........  4/26/93, 10/2/00  2/12/01, 66 FR 9766     52.1070(c)(148).
26.11.17.03............  General Conditions....  11/24/03          9/20/04, 69 FR 56170    52.1070(c)(191).
26.11.17.04............  Baseline for            4/26/93, 10/2/00  2/12/01, 66 FR 9766     52.1070(c)(148).
                          Determining Credit
                          for Emission and Air
                          Quality Offsets.
26.11.17.05............  Administrative          4/26/93, 10/2/00  2/12/01, 66 FR 9766     52.1070(c)(148).
                          Procedures.
----------------------------------------------------------------------------------------------------------------
                           26.11.19 Volatile Organic Compounds From Specific Processes
----------------------------------------------------------------------------------------------------------------
26.11.19.01............  Definitions...........  6/5/95            9/2/97, 62 FR 46199     (c)(126) Note: On 5/
                                                                                            13/1998 (63 FR
                                                                                            26462), EPA approved
                                                                                            the revised
                                                                                            definition of
                                                                                            ``major stationary
                                                                                            source of VOC ``
                                                                                            with a State
                                                                                            effective date of 5/
                                                                                            8/1995 [(c)(128)].
26.11.19.02............  Applicability,          5/4/98, 12/10/01  3/25/09, 74 FR 12556    (c) (174), (c) (175).
                          Determining                                                       On 2/27/03 (68 FR
                          Compliance,                                                       9012), EPA approved
                          Reporting, and                                                    a revised rule
                          General Requirements.                                             citation with a
                                                                                            State effective date
                                                                                            of 5/8/95
                                                                                            [(c)(182)(i)(D)].
26.11.19.03............  Automotive and Light-   9/22/97           11/5/98, 63 FR 59720    (c)(140).
                          Duty Truck Coating.
26.11.19.04............  Can Coating...........  8/1/88            11/3/92, 57 FR 49651    (C)(90)(i)(B)(12).
26.11.19.05............  Coil Coating..........  8/1/88            11/3/92, 57 FR 49651    (C)(90)(i)(B)(12).
26.11.19.06............  Large Appliance         8/1/88            11/3/92, 57 FR 49651    (C)(90)(i)(B)(12).
                          Coating.
26.11.19.07............  Paper, Fabric, Vinyl    8/24/98           1/14/2000, 64 FR 2334   (c)(147).
                          and Other Plastic
                          Parts Coating.
26.11.19.07-1..........  Control of VOC          6/15/98           6/17/99, 64 FR 32415    (c)(142).
                          Emissions from solid
                          Resin Decorative
                          Surface Manufacturing.
26.11.19.08............  Metal Furniture         8/1/88            11/3/92, 57 FR 49651    (C)(90)(i)(B)(12).
                          Coating.
26.11.19.09............  Control of Volatile     6/5/95            8/4/97, 62 FR 41853     (c)(123).
                          Organic Compounds
                          (VOC) Emissions from
                          cold and Vapor
                          Degreasing.
26.11.19.10............  Flexographic and        6/5/95            9/2/97, 62 FR 46199     (c)(126).
                          Rotogravure Printing.
26.11.19.11............  Control of Volatile     6/5/95            9/2/97, 62 FR 46199     (c)(126).
                          Organic Compounds
                          (VOC) Emissions from
                          Sheet-Fed and Web
                          Lithographic Printing.
26.11.19.12............  Dry Cleaning            9/22/97           9/2/98, 63 FR 46662     (c)(131).
                          Installations.
26.11.19.13............  Miscellaneous Metal     5/8/91            11/29/94, 59 FR 60908   (c)(102)(i)(B)(6).
                          Coating.
26.11.19.13-1..........  Aerospace Coating       10/2/00, 10/15/   11/7/01, 66 FR 56220    (c)(169).
                          Operations.             01
26.11.19.13-2..........  Brake Shoe Coating      8/24/98           6/17/99, 64 FR 32415    (c)(142).
                          Operations.
26.11.19.13-3..........  Control of VOC          6/29/98           6/17/99, 64 FR 32415    (c)(142).
                          Emissions from
                          Structural Steel
                          Coating Operations.
26.11.19.14............  Manufacture of          5/8/91            11/29/94, 59 FR 60908   (c)(102)(i)(B)(14).
                          Synthesized
                          Pharmaceutical
                          Products.
26.11.19.15............  Paint, Resin, and       5/4/98, 3/22/99   10/28/99, 64 FR 57989   (c)(145).
                          Adhesive
                          Manufacturing and
                          Adhesive Application.
26.11.19.16............  Control of VOC          8/19/91           9/7/94, 59 FR 46180     (c)(103)(i)(B)(9).
                          Equipment Leaks.

[[Page 48]]

 
26.11.19.17............  Control of Volatile     9/12/05           3/31/06, 71 FR 16237
                          Organic Compounds
                          (VOC) Emissions from
                          Yeast Manufacturing.
26.11.19.18............  Control of Volatile     6/10/02           1/15/03, 68 FR 1972     (c)(177).
                          Organic Compounds
                          (VOC) Emissions from
                          Screen Printing and
                          Digital Imaging.
26.11.19.19............  Control of Volatile     10/2/00           5/7/01, 66 FR 22924     (c)(156).
                          Organic Compounds
                          (VOC) Emissions from
                          Expandable
                          Polystyrene
                          Operations.
26.11.19.21............  Control of Volatile     7/3/95            10/15/97, 62 FR 53544   (c)(125)(i)(B)(4).
                          Organic Compounds
                          (VOC) Emissions from
                          Commercial Bakery
                          Ovens.
26.11.19.22............  Control of Volatile     8/11/97           9/23/99, 64 FR 41445    (c)(137).
                          Organic Compounds
                          (VOC) Emissions from
                          Vinegar Generators.
26.11.19.23............  Control of VOC          5/22/95           8/4/97, 62 FR 41853     (c)(124).
                          Emissions from
                          Vehicle Refinishing.
26.11.19.24............  Control of VOC          8/11/97           9/23/99, 64 FR 41445    (c)(137).
                          Emissions from
                          Leather Coating
                          Operations.
26.11.19.25............  Control of Volatile     8/11/97           1/26/99, 64 FR 3852     (c)(141).
                          Organic Compounds
                          from Explosives and
                          Propellant
                          Manufacturing.
26.11.19.26............  Control of Volatile     8/11/97           8/19/99, 64 FR 45182    (c)(139).
                          Organic Compound
                          Emissions from
                          Reinforced Plastic
                          Manufacturing.
26.11.19.27............  Control of Volatile     10/20/97          9/5/01, 66 FR 46379     (c)(166).
                          Organic Compounds
                          from Marine Vessel
                          Coating Operations.
26.11.19.28............  Control of Volatile     10/2/00           5/7/01, 66 FR 22924     (c)(157).
                          Organic Compounds
                          from Bread and Snack
                          Food Drying
                          Operations.
26.11.19.29............  Control of Volatile     10/2/00, 10/15/   11/7/01, 66 FR 56220    (c)(160).
                          Organic Compounds       01
                          from Distilled
                          Spirits Facilities.
26.11.19.30............  Control of Volatile     12/10/01, 11/11/  6/3/03, 68 FR 33000     (c)(176).
                          Organic Compounds       02
                          from Organic Chemical
                          Production and
                          Polytetrafluoroethyle
                          ne Installations.
26.11.19.31............  Control of Volatile     6/5/06            1/11/07, 72 FR 1289
                          Organic Compounds
                          from Medical Device
                          Manufacturing.
----------------------------------------------------------------------------------------------------------------
                                             26.11.20 Mobile Sources
----------------------------------------------------------------------------------------------------------------
26.11.20.02............  Motor Vehicle Emission  8/1/88            11/3/92, 57 FR 49651    (c)(90)(i)(B)(13) [as
                          Control Devices.                                                  26.11.20.06].
26.11.20.03............  Motor Vehicle Fuel      10/26/92          6/10/94, 59 FR 29957    (c)(101)(i)(B)(3).
                          Specifications.
26.11.20.04............  National Low Emission   3/22/99           12/28/99, 64 FR 72564   (c)(146).
                          Vehicle Program.
----------------------------------------------------------------------------------------------------------------
                       26.11.24 Stage II Vapor Recovery at Gasoline Dispensing Facilities
----------------------------------------------------------------------------------------------------------------
26.11.24.01............  Definitions...........  1/29/07           1/17/08, 73 FR 3187     Addition of
                                                                                            ``Certified
                                                                                            Inspector'' and ``
                                                                                            `Vapor Recovery
                                                                                            System.''
26.11.24.01-1..........  Incorporation by        4/15/02           5/7/03, 68 FR 24363     (c)(178).
                          Reference.
26.11.24.02............  Applicability,          4/15/02           5/7/03, 68 FR 24363     (c)(178).
                          Exemptions, and
                          Effective Date.
26.11.24.03............  General Requirements..  4/15/02           5/7/03, 68 FR 24363     (c)(178).
26.11.24.04............  Testing Requirements..  02/28/05          5/8/06, 71 FR 26688
26.11.24.05............  Inspection              2/15/93           6/9/94, 59 FR 29730     (c)(107).
                          Requirements.
26.11.24.05-1..........  Inspections by a        1/29/07           1/17/08, 73 FR 3187     Added Section.
                          Certified Inspector.
26.11.24.06............  Training Requirements   2/15/93           6/9/94, 59 FR 29730     (c)(107).
                          for Operation and
                          Maintenance of
                          Approved Systems.
26.11.24.07............  Record-Keeping and      2/28/05           5/8/06, 71 FR 26688
                          Reporting
                          Requirements.

[[Page 49]]

 
26.11.24.08............  Instructional Signs...  2/15/93           6/9/94, 59 FR 29730     (c)(107).
26.11.24.09............  Sanctions.............  2/15/93           6/9/94, 59 FR 29730     (c)(107).
----------------------------------------------------------------------------------------------------------------
                                   26.11.25 Control of Glass Melting Furnaces
----------------------------------------------------------------------------------------------------------------
26.11.25.01............  Definitions...........  10/5/98           10/19/05, 70 FR 60738
26.11.25.02............  Applicability and       10/5/98           10/19/05, 70 FR 60738
                          Exemptions.
26.11.25.03............  Visible Emissions from  10/5/98           10/19/05, 70 FR 60738
                          Glass Melting
                          Furnaces.
26.11.25.04............  Particulate Matter      10/5/98           10/19/05, 70 FR 60738
                          Emissions from Glass
                          Melting Furnaces.
----------------------------------------------------------------------------------------------------------------
                                               26.11.26 Conformity
----------------------------------------------------------------------------------------------------------------
26.11.26.01............  Definitions...........  5/15/95, 6/5/95   12/9/98, 63 FR 67782    (c)(136); definitions
                                                                                            of Applicable
                                                                                            implementation plan,
                                                                                            Governor, State, and
                                                                                            State air agency.
26.11.26.03............  General Conformity....  5/15/95, 6/5/95   12/9/98, 63 FR 67782    (c)(136); current
                                                                                            COMAR citation is
                                                                                            26.11.26.04.
----------------------------------------------------------------------------------------------------------------
                                 26.11.27 Emission Limitations for Power Plants
----------------------------------------------------------------------------------------------------------------
26.11.27.01............  Definitions...........  7/16/07           9/4/08, 73 FR 51599
26.11.27.02............  Applicability and       7/16/07           9/4/08, 73 FR 51599
                          Exceptions.
26.11.27.03............  General Requirements..  7/16/07           9/4/08, 73 FR 51599     Exceptions:
                                                                                            Paragraphs
                                                                                            .03B(7)(a)(iii) and
                                                                                            .03D; the word
                                                                                            ``and'' at the end
                                                                                            of paragraph
                                                                                            .03B(7)(a)(ii).
26.11.27.05............  Monitoring and          7/16/07           9/4/08, 73 FR 51599
                          Reporting
                          Requirements.
26.11.27.06............  Judicial Review of      7/16/07           9/4/08, 73 FR 51599
                          Penalty Waivers.
----------------------------------------------------------------------------------------------------------------
                                   26.11.29 NOX Reduction and Trading Program
----------------------------------------------------------------------------------------------------------------
26.11.29.01............  Definitions...........  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
26.11.29.02............  Incorporation by        5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
                          Reference.
26.11.29.03............  Scope and               5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
                          Applicability.
26.11.29.04............  General Requirements    5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
                          for Affected Trading
                          Sources.
26.11.29.05............  NOX Allowance           5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
                          Allocations.
26.11.29.06............  Compliance Supplement   5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
                          Pool.
26.11.29.07............  Allowance Banking.....  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
26.11.29.08............  Emission Monitoring...  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
26.11.29.09............  Requirements for New    11/24/03          3/22/04, 69 FR 13236    (c)(184)(i)(C)(1)-(5)
                          Sources and Set-Aside                                             .
                          Pool.
26.11.29.10............  Reporting.............  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
26.11.29.11............  Recordkeeping.........  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
26.11.29.12............  End-of-Season           5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
                          Reconciliation.
26.11.29.13............  Compliance              5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
                          Certification.
26.11.29.14............  Penalties.............  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
26.11.29.15............  Requirements for        5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(1).
                          Affected Nontrading
                          Sources.
----------------------------------------------------------------------------------------------------------------
            26.11.30 Policies and Procedures Relating to Maryland's NOX Reduction and Trading Program
----------------------------------------------------------------------------------------------------------------
26.11.30.01............  Scope and               5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(2).
                          Applicability.
26.11.30.02............  Definitions...........  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(2).
26.11.30.03............  Procedures Relating to  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(2).
                          Compliance Accounts
                          and Overdraft
                          Accounts.
26.11.30.04............  Procedures Relating to  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(2).
                          General Accounts.
26.11.30.05............  Allowance Banking.....  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(2).
26.11.30.06............  Allowance Transfers...  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(2).
26.11.30.07............  Early Reductions......  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(2).
26.11.30.08............  Opt-In Procedures.....  5/1/00            1/10/01, 66 FR 1866     (c)(154)(i)(B)(2).

[[Page 50]]

 
26.11.30.09............  Allocation of           6/19/06           11/03/06, 71 FR 64647   New column for 2008
                          Allowances.                                                       allocations.
----------------------------------------------------------------------------------------------------------------
               26.11.32 Control of Emissions of Volatile Organic Compounds From Consumer Products
----------------------------------------------------------------------------------------------------------------
26.11.32.01............  Applicability and       06/18/07          12/10/07, 72 FR 69621
                          Exemptions.
26.11.32.02............  Incorporation by        06/18/07          12/10/07, 72 FR 69621
                          Reference.
26.11.32.03............  Definitions...........  06/18/07          12/10/07, 72 FR 69621
26.11.32.04............  Standards--General....  06/18/07          12/10/07, 72 FR 69621
26.11.32.05............  Standards--Requirement  08/18/03          12/09/03, 68 FR 68523   (c)(185).
                          s for Charcoal
                          Lighter Materials.
26.11.32.06............  Standards--Requirement  06/18/07          12/10/07, 72 FR 69621
                          s for Aerosol
                          Adhesives.
26.11.32.07............  Standards--Requirement  08/18/03          12/09/03, 68 FR 68523   (c)(185).
                          s for Floor Wax
                          Strippers.
26.11.32.08............  Requirements for        06/18/07          12/10/07, 72 FR 69621   New Regulation.
                          Contact Adhesives,
                          Electronic Cleaners,
                          Footwear, or Leather
                          Care Products, and
                          General Purpose
                          Cleaners.
26.11.32.09............  Requirements for        06/18/07          12/10/07, 72 FR 69621   New Regulation.
                          Adhesive Removers,
                          Electrical Cleaners,
                          and Graffiti Removers.
26.11.32.10............  Requirements for Solid  06/18/07          12/10/07, 72 FR 69621   New Regulation.
                          Air Fresheners and
                          Toilet and Urinal
                          Care Products.
26.11.32.11............  Innovative Products--   06/18/07          12/10/07, 72 FR 69621   Recodification of
                          CARB Exemption.                                                   existing Regulation
                                                                                            .08.
26.11.32.12............  Innovative Products--   06/18/07          12/10/07, 72 FR 69621
                          Department Exemption.
26.11.32.13............  Administrative          06/18/07          12/10/07, 72 FR 69621   Recodification of
                          Requirements.                                                     existing Regulation
                                                                                            .10; Amended.
26.11.32.14............  Reporting Requirements  06/18/07          12/10/07, 72 FR 69621   Recodification of
                                                                                            existing Regulation
                                                                                            .11; Amended.
26.11.32.15............  Variances.............  06/18/07          12/10/07, 72 FR 69621   Recodification of
                                                                                            existing Regulation
                                                                                            .12; Amended.
26.11.32.16............  Test Methods..........  06/18/07          12/10/07, 72 FR 69621   Recodification of
                                                                                            existing Regulation
                                                                                            .13; Amended.
26.11.32.17............  Alternative Control     06/18/07          12/10/07, 72 FR 69621   Recodification of
                          Plan (ACP).                                                       existing Regulation
                                                                                            .14; Amended.
26.11.32.18............  Approval of an ACP      06/18/07          12/10/07, 72 FR 69621   Recodification of
                          Application.                                                      existing Regulation
                                                                                            .15; Amended.
26.11.32.19............  Recordkeeping and       06/18/07          12/10/07, 72 FR 69621   Recodification of
                          Availability of                                                   existing Regulation
                          Requested Information.                                            .16.
26.11.32.20............  Violations............  06/18/07          12/10/07, 72 FR 69621   Recodification of
                                                                                            existing Regulation
                                                                                            .17.
26.11.32.21............  Surplus Reduction and   06/18/07          12/10/07, 72 FR 69621   Recodification of
                          Surplus Trading.                                                  existing Regulation
                                                                                            .18; Amended.
26.11.32.22............  Limited-use surplus     06/18/07          12/10/07, 72 FR 69621   Recodification of
                          reduction credits for                                             existing Regulation
                          early formulations of                                             .19; Amended.
                          ACP Products.
26.11.32.23............  Reconciliation of       06/18/07          12/10/07, 72 FR 69621   Recodification of
                          Shortfalls.                                                       existing Regulation
                                                                                            .20; Amended.
26.11.32.24............  Modifications to an     06/18/07          12/10/07, 72 FR 69621   Recodification of
                          ACP.                                                              existing Regulation
                                                                                            .21; Amended.
26.11.32.25............  Cancellation of an ACP  06/18/07          12/10/07, 72 FR 69621   Recodification of
                                                                                            existing Regulation
                                                                                            .22; Amended.
26.11.32.26............  Transfer of an ACP....  06/18/07          12/10/07, 72 FR 69621   Recodification of
                                                                                            existing Regulation
                                                                                            .23.
----------------------------------------------------------------------------------------------------------------
                                         26.11.33 Architectural Coatings
----------------------------------------------------------------------------------------------------------------
26.11.33.01............  Applicability and       3/29/04           5/12/05, 70 FR 24979
                          Exemptions.
26.11.33.02............  Test Methods--          3/29/04           5/12/05, 70 FR 24979
                          Incorporation by
                          Reference.
26.11.33.03............  Definitions...........  3/29/04           5/12/05, 70 FR 24979
26.11.33.04............  General Standard--VOC   3/29/04           5/12/05, 70 FR 24979
                          Content Limits.
26.11.33.05............  VOC Content Limits....  3/29/04           5/12/05, 70 FR 24979

[[Page 51]]

 
26.11.33.06............  Most Restrictive VOC    2/28/05           10/19/05, 70 FR 60740   Addition of sections
                          Limit.                                                            B(15) through B(19).
26.11.33.07............  Painting Restrictions.  3/29/04           5/12/05, 70 FR 24979
26.11.33.08............  Thinning..............  3/29/04           5/12/05, 70 FR 24979
26.11.33.09............  Rust Preventive         3/29/04           5/12/05, 70 FR 24979
                          Coatings.
26.11.33.10............  Coatings Not Listed in  2/28/05           10/19/05, 70 FR 60740
                          Regulation .05.
26.11.33.11............  Lacquers..............  3/29/04           5/12/05, 70 FR 24979
26.11.33.12............  Container Labeling      2/28/05           10/19/05, 70 FR 60740   Deleted section K.
                          Requirements.
26.11.33.13............  Record Keeping          2/28/05           10/19/05, 70 FR 60740
                          Requirements.
26.11.33.14............  Compliance Provisions   3/29/04           5/12/05, 70 FR 24979
                          and Test Methods.
----------------------------------------------------------------------------------------------------------------
                                  11.14.08 Vehicle Emissions Inspection Program
----------------------------------------------------------------------------------------------------------------
11.14.08.01............  Title.................  1/02/95           10/29/99, 64 FR 58340   (c)(144).
11.14.08.02............  Definitions...........  1/02/95, 10/19/   10/29/99, 64 FR 58340   (c)(144).
                                                  98
11.14.08.03............  Applicability.........  6/10/02           1/16/03, 68 FR 2208     (c)(179).
11.14.08.04............  Exemptions............  1/02/95           10/29/99, 64 FR 58340   (c)(144).
11.14.08.05............  Schedule of the         1/02/95, 12/16/   10/29/99, 64 FR 58340   (c)(144).
                          Program.                96
11.14.08.06............  Certificates..........  6/10/02           1/16/03, 68 FR 2208     (c)(179).
11.14.08.07............  Extensions............  1/02/95, 10/19/   10/29/99, 64 FR 58340   (c)(144).
                                                  98
11.14.08.08............  Enforcement...........  1/02/95           10/29/99, 64 FR 58340   (c)(144).
11.14.08.09............  Inspection Standards..  6/10/02           1/16/03, 68 FR 2208     (c)(179).
11.14.08.10............  General Requirements    1/02/95, 12/16/   10/29/99, 64 FR 58340   (c)(144).
                          for Inspection and      96,
                          Preparation for         10/19/98
                          Inspection.
11.14.08.11............  Idle Exhaust Emissions  10/18/98          10/29/99, 64 FR 58340   (c)(144).
                          Test and Equipment
                          Checks.
11.14.08.11-1..........  Transient Exhaust       12/16/96, 10/19/  10/29/99, 64 FR 58340   (c)(144).
                          Emissions Test and      98
                          Evaporative Purge
                          Test Sequence.
11.14.08.12............  Evaporative Integrity   6/10/02           1/16/03, 68 FR 2208     (c)(179).
                          Test, Gas Cap Leak
                          Test, and On-Board
                          Diagnostics
                          Interrogation
                          Procedures.
11.14.08.13............  Failed Vehicle and      1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Reinspection
                          Procedures.
11.14.08.14............  Dynamometer System      1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Specifications.
11.14.08.15............  Constant Volume         1/02/95, 10/19/   10/29/99, 64 FR 58340   (c)(144).
                          Sampler, Analysis       98
                          System, and Inspector
                          Control
                          Specifications.
11.14.08.16............  Evaporative Test        6/10/02           1/16/03, 68 FR 2208     (c)(179).
                          Equipment, Gas Cap
                          Leak Test Equipment,
                          and On-Board
                          Diagnostics
                          Interrogation
                          Equipment
                          Specifications.
11.14.08.17............  Quality Assurance and   1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Maintenance--General
                          Requirements.
11.14.08.18............  Test Assurance          1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Procedures.
11.14.08.19............  Dynamometer Periodic    1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Quality Assurance
                          Checks.
11.14.08.20............  Constant Volume         1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Sampler Periodic
                          Quality Assurance
                          Checks.
11.14.08.21............  Analysis System         1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Periodic Quality
                          Assurance Checks.
11.14.08.22............  Evaporative Test        1/02/95, 10/19/   10/29/99, 64 FR 58340   (c)(144).
                          Equipment, Gas Cap      98
                          Leak Test Equipment
                          and On-board
                          Diagnostics
                          Interrogation
                          Equipment Periodic
                          Quality Assurance
                          Checks.

[[Page 52]]

 
11.14.08.23............  Overall System          1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Performance Quality
                          Assurance.
11.14.08.24............  Control Charts........  1/02/95           10/29/99, 64 FR 58340   (c)(144).
11.14.08.25............  Gas Specifications....  1/02/95           10/29/99, 64 FR 58340   (c)(144).
11.14.08.26............  Vehicle Emissions       1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Inspection Station.
11.14.08.27............  Technician's Vehicle    1/02/95, 10/19/   10/29/99, 64 FR 58340   (c)(144).
                          Report.                 98
11.14.08.28............  Feedback Reports......  1/02/95, 10/19/   10/29/99, 64 FR 58340   (c)(144).
                                                  98
11.14.08.29............  Certified Emissions     1/02/95, 12/16/   10/29/99, 64 FR 58340   (c)(144).
                          Technician.             96
11.14.08.30............  Certified Emissions     1/02/95, 12/16/   10/29/99, 64 FR 58340   (c)(144).
                          Repair Facility.        96
11.14.08.31............  On-Highway Emissions    1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Test.
11.14.08.32............  Fleet Inspection        1/02/95, 12/16/   10/29/99, 64 FR 58340   (c)(144).
                          Station.                96,
                                                  10/19/98
11.14.08.33............  Fleet Inspection        1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Standards.
11.14.08.34............  Fleet Inspection and    1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Reinspection Methods.
11.14.08.35............  Fleet Equipment and     1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Quality Assurance
                          Requirements.
11.14.08.36............  Fleet Personnel         1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Requirements.
11.14.08.37............  Fleet Calibration Gas   1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Specifications and
                          Standard Reference
                          Materials.
11.14.08.38............  Fleet Recordkeeping     1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Requirements.
11.14.08.39............  Fleet Fees............  1/02/95           10/29/99, 64 FR 58340   (c)(144).
11.14.08.40............  Fleet License           1/02/95           10/29/99, 64 FR 58340   (c)(144).
                          Suspension and
                          Revocation.
11.14.08.41............  Audits................  1/02/95           10/29/99, 64 FR 58340   (c)(144).
11.14.08.42............  Fleet Inspection After  1/02/95, 2/16/    10/29/99, 64 FR 58340   (c)(144).
                          1998.                   96,
                                                  10/19/98
----------------------------------------------------------------------------------------------------------------
                            03.03.05 Motor Fuel Inspection [Contingency SIP Measure]
----------------------------------------------------------------------------------------------------------------
03.03.05.01............  Definitions...........  12/18/95          1/30/96, 61 FR 2982     (c)(101)(i)(B)(4);
                                                                                            Approved as a
                                                                                            contingency SIP
                                                                                            measure as part of
                                                                                            the CO Maintenance
                                                                                            Plans for Baltimore
                                                                                            and DC. [(c)(117)
                                                                                            and (c)(118)].
03.03.05.01-1..........  Standard                12/18/95          1/30/96, 61 FR 2982
                          Specifications for
                          Gasoline.
03.03.05.02-1..........  Other Motor Vehicle     10/26/92          6/10/94, 58 FR 29957
                          Fuels.
03.03.05.05............  Labeling of Pumps.....  12/18/95          1/30/96, 61 FR 2982
03.03.05.08............  Samples and Test        10/26/92          6/10/94, 58 FR 29957
                          Tolerance.
03.03.05.15............  Commingled Products...  10/26/92          6/10/94, 58 FR 29957
----------------------------------------------------------------------------------------------------------------
                         03.03.06 Emissions Control Compliance [Contingency SIP Measure]
----------------------------------------------------------------------------------------------------------------
03.03.06.01............  Definitions...........  12/18/95          1/30/96, 61 FR 2982     (c)(101)(i)(B)(5);
                                                                                            Approved as a
                                                                                            contingency SIP
                                                                                            measure as part of
                                                                                            the CO Maintenance
                                                                                            Plans for Baltimore
                                                                                            and DC. [(c)(117)
                                                                                            and (c)(118)].
03.03.06.02............  Vapor Pressure          10/26/92          6/10/94, 58 FR 29957
                          Determination.
03.03.06.03............  Oxygen Content          12/18/95          1/30/96, 61 FR 2982
                          Determination.
03.03.06.04............  Registration..........  10/26/92          6/10/94, 58 FR 29957

[[Page 53]]

 
03.03.06.05............  Record Keeping........  10/26/92          6/10/94, 58 FR 29957
03.03.06.06............  Transfer Documentation  12/18/95          1/30/96, 61 FR 2982
----------------------------------------------------------------------------------------------------------------
                                             TM Technical Memoranda
----------------------------------------------------------------------------------------------------------------
TM91-01 [Except Methods  Test Methods and        11/2/98           9/7/01, 66 FR 46727     (c)(153)(i)(D)(5)
 1004A through E].        Equipment                                                         (Supplement 3 is
                          Specifications for                                                added).
                          Stationary Sources.
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved state source-specific requirements.

----------------------------------------------------------------------------------------------------------------
                                                        State effective                           Additional
         Name of source           Permit number/type         date          EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------
Potomac Electric Power Company    49352,     1/27/78...........  4/2/79, 44 FR       52.1100(c)(22);
 (PEPCO)--Chalk Point Units        Amended Consent                         19192.              FRN republished 5/
 1 and 2.        Order.                                                      3/79 (44 FR
                                                                                               25840).
Potomac Electric Power Company    49352,     7/26/78...........  12/6/79, 44 FR      52.1100(c)(25).
 (PEPCO)--Dickerson.               Amended Consent                         70141.
                                   Order.
Beall Jr./Sr. High School.......  Consent Order.....  1/30/79...........  3/18/80, 45 FR      52.1100(c)(26).
                                                                           17144.
Mt. Saint Mary's College........  Consent Order.....  3/8/79............  3/18/80, 45 FR      52.1100(c)(26).
                                                                           17144.
Potomac Electric Power Company    Secretarial Order.  7/19/79...........  9/3/80, 45 FR       52.1100(c)(34).
 (PEPCO)--Chalk Point.                                                     58340.
Maryland Slag Co................  Consent Agreement   10/31/80..........  9/8/81, 41 FR       52.1100(c)(49).
                                   (Order).                                44757.
Northeast Maryland Waste          Secretarial Order.  11/20/81..........  7/7/82, 47 FR       52.1100(c)(65)
 Disposal Authority.                                                       29531.              (Wheelabrator-
                                                                                               Frye, Inc.).
Northeast Maryland Waste          Secretarial Order.  2/25/83...........  8/24/83, 45 FR      52.1100(c)(70)
 Disposal Authority and                                                    55179.              (Shutdown of
 Wheelabrator-Frye, Inc. and the                                                               landfill for
 Mayor and City Council of                                                                     offsets).
 Baltimore and BEDCO Development
 Corp.
Westvaco Corp...................  Consent Order.....  9/6/83; Rev. 1/26/  12/20/84, 49 FR     52.1100(c)(74).
                                                       84.                 49457.
Potomac Electric Power Company    Administrative      9/13/99...........  12/15/00, 65 FR     52.1100(c)(151).
 (PEPCO).                          Consent Order.                          78416.
Thomas Manufacturing Corp.......  Consent Decree....  2/15/01...........  11/15/01, 66 FR     52.1100(c)(167).
                                                                           57395.
Constellation Power Source        Consent Order and   4/25/01...........  2/27/02, 67 FR      52.1100(c)(168).
 Generation, Inc.--Brandon         NOX RACT                                8897.
 Shores Units 1 & 2;      Averaging Plan
 Gould Street Unit 3;     Proposal.
 H.A. Wagner Units 1,
 2, 3 & 4; C.P. Crane Units
 1 & 3; and Riverside
 Unit 4.
Kaydon Ring and Seal, Inc.......  Consent Order.....  3/5/04............  8/31/04, 69 FR      (c)(190).
                                                                           53002.
Perdue Farms, Inc...............  Consent Order.....  2/1/05............  1/11/07, 72 FR      52.1070(d)(1).
                                                                           1291.
----------------------------------------------------------------------------------------------------------------

    (e) EPA-approved nonregulatory and quasi-regulatory material.

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP         Applicable        State submittal                           Additional
            revision                geographic area          date          EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------
Base Year Emissions Inventory...  Metropolitan        9/20/95...........  10/30/95, 60 FR     52.1075(a) CO.
                                   Baltimore Ozone                         55321.
                                   Nonattainment
                                   Area 1990.
1990 Base Year Emissions          Metropolitan        3/21/94...........  1/30/96, 61 FR      52.1075(b) CO.
 Inventory.                        Washington Ozone   10/12/95..........   2931.
                                   Nonattainment
                                   Area.
1990 Base Year Emissions          All ozone           3/21/94...........  9/27/96, 61 FR      52.1075(c) VOC,
 Inventory.                        nonattainment                           50715.              NOX, CO.
                                   areas.
1990 Base Year Emissions          Kent & Queen        3/21/94...........  9/27/96, 61 FR      52.1075(d) VOC,
 Inventory.                        Anne's Counties.                        50715.              NOX, CO.

[[Page 54]]

 
1990 Base Year Emissions          Metropolitan        3/21/94...........  4/23/97, 62 FR      52.1075(e) VOC,
 Inventory.                        Washington Ozone                        19676.              NOX, CO.
                                   Nonattainment
                                   Area.
1990 Base Year Emissions          Metropolitan        12/24/97..........  7/8/98, 63 FR       52.1075(f) VOC,
 Inventory.                        Washington Ozone                        36854.              NOX.
                                   Nonattainment
                                   Area.
1990 Base Year Emissions          Metropolitan        12/24/97..........  2/3/00, 65 FR 5245  52.1075(g) VOC,
 Inventory.                        Baltimore Ozone                                             NOX.
                                   Nonattainment
                                   Area.
1990 Base Year Emissions          Philadelphia-       12/24/97, 4/29/98,  2/3/00, 65 FR       52.1075(h) VOC,
 Inventory.                        Wilmington-         12/21/99, 12/28/    5252, 9/19/01, 66   NOX.
                                   Trenton Ozone       00.                 FR 48209.
                                   Nonattainment
                                   Area (Cecil
                                   County).
15% Rate of Progress Plan.......  Philadelphia-       7/12/95, 95-20.            40457.
                                   Trenton Ozone
                                   Nonattainment
                                   Area (Cecil
                                   County).
Stage II Vapor Recovery           Western Maryland &  11/5/97...........  12/9/98, 63 FR      52.1076(b).
 Comparability Plan.               Eastern Shore                           67780.
                                   Counties.
15% Rate of Progress Plan.......  Metropolitan        10/7/98...........  2/3/00, 65 FR 5245  52.1076(c).
                                   Baltimore Ozone
                                   Nonattainment
                                   Area.
15% Rate of Progress Plan.......  Metropolitan        5/5/98............  7/19/00, 65 FR      52.1076(d).
                                   Washington Ozone                        44686.
                                   Nonattainment
                                   Area.
Post-1996 Rate of Progress Plan   Philadelphia-       12/24/97, 4/24/98.  2/3/00, 65 FR 5252  52.1076(f).
 & contingency measures.           Wilmington-
                                   Trenton Ozone
                                   Nonattainment
                                   Area (Cecil
                                   County).
                                                      8/18/98, 12/21/99.  9/19/01, 66 FR
                                                                           44809.
                                                      12/28/00, 3/8/04..  4/15/04, 69 FR       52.1076(f)(3).
                                                                           19939.
Ozone Attainment Plan...........  Philadelphia-       4/29/98, 8/18/98,   10/29/01, 66 FR     52.1076(h).
                                   Wilmington-         12/21/99, 12/28/    54578.
                                   Trenton Ozone       00, 8/31/01.
                                   Nonattainment
                                   Area (Cecil
                                   County).
                                                      9/2/03............  10/27/03, 68 FR
                                                                           61103.
Transportation Conformity         Philadelphia-       4/29/98, 8/18/98,   10/29/01, 66 FR     52.1076(i).
 Budgets.                          Wilmington-         12/21/99, 12/28/    54578.
                                   Trenton Ozone       00.
                                   Nonattainment
                                   Area (Cecil
                                   County).
Post-1996 Rate of Progress Plan   Metropolitan        12/24/97, 4/24/98,  9/26/01, 66 FR      52.1076(j).
 & contingency measures.           Baltimore Ozone     8/18/98, 12/21/     49108.
                                   Nonattainment       99, 12/28/00.
                                   Area.
Ozone Attainment Plan...........  Metropolitan        4/29/98, 8/18/98,   10/30/01, 66 FR     52.1076(k).
                                   Baltimore Ozone     12/21/99, 12/28/    54666.
                                   Nonattainment       00, 8/31/01.
                                   Area.
                                                      9/2/03............  10/27/03, 68 FR     52.1076(k).
                                                                           61103.
Mobile budgets..................  Metropolitan        8/31/01...........  10/30/01, 66 FR     52.1076(l).
                                   Baltimore Ozone                         54666.
                                   Nonattainment
                                   Area.
                                                      9/2/03............  10/27/03, 68 FR
                                                                           61103.
Mobile budgets (2005)...........  Metropolitan        9/2/03............  10/27/03, 68 FR     52.1076(m).
                                   Baltimore Ozone                         61103.
                                   Nonattainment
                                   Area.
                                  Philadelphia-
                                   Wilmington-
                                   Trenton Ozone
                                   Nonattainment
                                   Area (Cecil
                                   County).
Mobile budgets (2005 Rate of      Metropolitan        11/3/03...........  2/13/04, 69 FR      52.1076(n).
 Progress Plan).                   Baltimore Ozone                         7133.
                                   Nonattainment
                                   Area.
Extension for incorporation of    All ozone           7/9/02............  1/16/03, 68 FR      52.1078(b).
 the on-board diagnostics (OBD)    nonattainment                           2208.
 testing program into the          areas.
 Maryland I/M SIP.

[[Page 55]]

 
Photochemical Assessment          Metropolitan        3/24/94...........  9/11/95, 60 FR      52.1080.
 Monitoring Stations (PAMS)        Baltimore and                           47081.
 Program.                          Metropolitan
                                   Washington Ozone
                                   Nonattainment
                                   Areas.
Consultation with Local           All nonattainment   10/8/81...........  4/8/82, 47 FR       52.1100(c)(63).
 Officials (CAA Sections 121 &     & PSD areas.                            15140.
 127).
Lead (Pb) SIP...................  City of Baltimore.  10/23/80..........  2/23/82, 47 FR      52.1100(c)(60),
                                                                           7835.               (61).
TM90-01--``Continuous    Statewide.........  9/18/91...........  2/28/96, 61 FR      52.1100(c)(106);
 Emission Monitoring Policies                                              7418.               approved into SIP
 and Procedures''--October 1990.                                                               as ``additional
                                                                                               material'', but
                                                                                               not IBR'd.
Carbon Monoxide Maintenance Plan  City of Baltimore-  9/20/95...........  10/31/95, 60 FR     52.1100(c)(117).
                                   Regional Planning                       55321.
                                   District 118.
                                                      7/15/04...........  04/04/05, 70 FR     Revised Carbon
                                                                           16958.              Monoxide
                                                                                               Maintenance Plan
                                                                                               Base Year
                                                                                               Emissions
                                                                                               Inventory using
                                                                                               MOBILE6.
Carbon Monoxide Maintenance Plan  Montgomery County   10/12/95..........  1/30/96, 61 FR      52.1100(c)(118).
                                   Election                                2931.
                                   Districts 4, 7,
                                   and 13; Prince
                                   Georges County
                                   Election
                                   Districts 2, 6,
                                   16, 16, 17 and 18.
                                                      3/3/04............  04/04/05, 70 FR     Revised Carbon
                                                                           16958.              Monoxide
                                                                                               Maintenance Plan
                                                                                               Base Year
                                                                                               Emissions
                                                                                               Inventory using
                                                                                               MOBILE6.
Ozone Maintenance Plan..........  Kent and Queen      2/4/04............  10/21/04, 69 FR     52.1100(c)(187);
                                   Anne's Counties.                        61766.              SIP effective
                                                                                               date is 11/22/04.
1996-1999 Rate-of-Progress Plan   Washington DC 1-    12/20/97, 5/20/99.  5/16/05, 70 FR      Only the TCMs in
 SIP and the Transportation        hour ozone                              25688.              Appendix H of the
 Control Measures (TCMs) in        nonattainment                                               5/20/1999
 Appendix H.                       area.                                                       revision.
                                                                                              1999 motor vehicle
                                                                                               emissions budgets
                                                                                               of 128.5 tons per
                                                                                               day (tpy) of VOC
                                                                                               and 196.4 tpy of
                                                                                               NOX.
1990 Base Year Inventory          Washington DC 1-    9/2/03, 2/24/04...  5/16/05, 70 FR      .
 Revisions.                        hour ozone                              25688.
                                   nonattainment
                                   area.
1999-2005 Rate-of-Progress Plan   Washington DC 1-    9/2/03, 2/24/04...  5/16/05, 70 FR      Only the TCMs in
 SIP Revision and the              hour ozone                              25688.              Appendix J of the
 Transportation Control Measures   nonattainment                                               2/24/2004
 (TCMs) in Appendix J.             area.                                                       revision 2002
                                                                                               motor vehicle
                                                                                               emissions budgets
                                                                                               (MVEBs) of 125.2
                                                                                               tons per day
                                                                                               (tpy) for VOC and
                                                                                               290.3 tpy of NOX,
                                                                                               and, 2005 MVEBs
                                                                                               of 97.4 tpy for
                                                                                               VOC and 234.7 tpy
                                                                                               of NOX.
VMT Offset SIP Revision.........  Washington DC 1-    9/2/03, 2/24/04...  5/16/05, 70 FR
                                   hour ozone                              25688.
                                   nonattainment
                                   area.
Contingency Measure Plan........  Washington, DC      9/2/03, 2/24/04...  5/16/05, 70 FR
                                   Area.                                   25688.
1-hour Ozone Modeled              Washington DC 1-    9/2/03, 2/24/04...  5/16/05, 70 FR
 Demonstration of Attainment.      hour ozone                              25688.
                                   nonattainment
                                   area.

[[Page 56]]

 
Attainment Demonstration and      Washington County.  12/20/04, 2/28/05.  8/17/05, 70 FR
 Early Action Plan for the                                                 48283.
 Washington County Ozone Early
 Action Compact Area.
1-hour Ozone Attainment Plan....  Washington DC 1-    9/2/2003, 2/24/     11/16/05, 70 FR
                                   hour ozone          2004.               69440.
                                   nonattainment
                                   area.
8-Hour Ozone Maintenance Plan     Kent and Queen      05/2/06, 05/19/06.  12/22/06, 71 FR
 for the Kent and Queen Anne's     Anne's Counties.                        76920.
 Area.
----------------------------------------------------------------------------------------------------------------


[69 FR 69306, Nov. 29, 2004]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1070, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1071  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Cumberland-Keyser Interstate..............................           I          I       III       III        III
Central Maryland Intrastate...............................          II         II       III       III        III
Metropolitan Baltimore Intrastate.........................           I          I         I         I          I
National Capital Interstate...............................           I          I       III         I          I
Southern Maryland Intrastate..............................         III        III       III       III        III
Eastern Shore Intrastate..................................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10870, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 
FR 53475, Aug. 12, 1980]



Sec. 52.1072  Conditional approval.

    (a)-(d) [Reserved]
    (e) Maryland's severe ozone nonattainment area SIP for the 
Metropolitan Washington area, which includes the 1996-1999 portion of 
the rate-of-progress plan submitted on December 24, 1997 and May 20, 
1999 and the transportation control measures in Appendix H of the May 
25, 1999 submittal, and the severe ozone attainment demonstration 
submitted on April 29, 1998, August 17, 1998, February 14, 2000 and 
section 9.1.1.2 of the March 22, 2000 submittal and the transportation 
control measures in Appendix J of the February 9, 2000 submittal, is 
conditionally approved contingent on Maryland submitting a revised SIP 
by April 17, 2004 that satisfies certain conditions. This conditional 
approval also establishes motor vehicle emissions budgets for 2005 of 
101.8 tons per day of volatile organic compounds (VOC) and 161.8 tons 
per day of nitrogen oxides (NOX) to be used in transportation 
conformity in the Metropolitan Washington, DC serious ozone 
nonattainment area until revised budgets based upon the MOBILE6 model 
are submitted and found adequate. Maryland must submit a revised SIP by 
April 17, 2004 that satisfies the following conditions.
    (1) Revises the 1996-1999 portion of the severe area ROP plan to 
include a contingency plan containing those adopted measures that 
qualify as contingency measures to be implemented

[[Page 57]]

should EPA determine that the Washington area failed to achieve the 
required 9 percent rate-of-progress reductions by November 15, 1999.
    (2) Revises the 1999-2005 portion of the severe area rate-of-
progress plan to provide MOBILE6-based mobile source emission budgets 
and adopted measures sufficient to achieve emission reductions of ozone 
precursors of at least 3 percent per year from November 15, 1999 to the 
November 15, 2005 severe ozone attainment date.
    (3) Revises the severe area ROP plan to include a contingency plan 
containing those adopted measures that qualify as contingency measures 
to be implemented should EPA determine that the Washington area failed 
to achieve the ROP reductions required for the post-1999 period.
    (4) Revises the Washington area severe attainment demonstration to 
include a contingency plan containing those adopted measures that 
qualify as contingency measures to be implemented for the failure of the 
Washington area to attain the one-hour ozone standard for serious areas 
by November 15, 1999.
    (5) Revises the Washington area severe attainment demonstration to 
reflect revised MOBILE6-based motor vehicle emissions budgets, including 
revisions to the attainment modeling/weight of evidence demonstration 
and adopted control measures, as necessary, to show that the SIP 
continues to demonstrate attainment by November 15, 2005.
    (6) Revises the Washington area severe attainment demonstration to 
include a contingency plan containing those measures to be implemented 
if the Washington area does not attain the one-hour ozone standard by 
November 15, 2005.
    (7) Revises the Washington area severe attainment demonstration to 
include a revised RACM analysis and any revisions to the attainment 
demonstration including adopted control measures, as necessitated by 
such analysis.
    (8) Revises the major stationary source threshold to 25 tons per 
year.
    (9) Revises Reasonably Available Control Technology (RACT) rules to 
include the lower major source applicability threshold.
    (10) Revises new source review offset requirement to require an 
offset ratio of at least 1.3 to 1.
    (11) Includes a fee requirement for major sources of volatile 
organic compounds (VOC) and nitrogen oxides (NOX) should the 
area fail to attain by November 15, 2005.
    (12) Includes a revision that identifies and adopts specific 
enforceable transportation control strategies and transportation control 
measures to offset any growth in emissions from growth in vehicle miles 
traveled or number of vehicle trips and to attain reductions in motor 
vehicle emissions as necessary, in combination with other emission 
reduction requirements in the Washington area, to comply with the rate-
of-progress requirements for severe areas. Measures specified in section 
108(f) of the Clean Air Act will be considered and implemented as 
necessary to demonstrate attainment.

[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; 64 FR 58344, Oct. 29, 1999; 65 FR 5252, Feb. 3, 2000; 65 FR 
44689, July 19, 2000; 66 FR 9527, Feb. 8, 2001; 68 FR 19131, Apr. 17, 
2003; 74 FR 24705, May 26, 2009]

    Effective Date Note: At 69 FR 19937, Apr. 15, 2004, in Sec. 
52.1072, paragraph (e) was stayed indefinitely.



Sec. 52.1073  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Maryland's plans for the attainment and maintenance of the 
national standards.
    (b) With the exceptions set forth in this subpart, the Administrator 
approves the amendment to Regulation 10.18.01 sections .01, .07, and 
.11, Regulation 10.18.04 and 10.18.05 section .03D, .03F, .03H, .06I of 
Maryland's plan for the attainment and maintenance of the national 
standards under section 110 of the Clean Air Act. Furthermore, the 
Administrator finds that portions of the plan, as submitted January 19, 
1979, satisfy the requirements of part D, title 1, of the Clean Air Act 
as amended in 1977.

In addition, continued satisfaction of the requirements of Part D for 
the ozone portion of the SIP depends on the adoption and submittal of 
RACT

[[Page 58]]

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)-(g) [Reserved]

[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; 70 FR 
25718, 25724, May 13, 2005; 70 FR 69443, Nov. 16, 2005; 74 FR 24705, May 
26, 2009]



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 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

[[Page 59]]

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).
    (g) EPA approves revisions to the Maryland State Implementation Plan 
amending the 1990 base year emission inventories for the Baltimore ozone 
nonattainment area, submitted by the Secretary of Maryland Department of 
the 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 for volatile organic compounds 
and nitrogen oxides in the Baltimore ozone nonattainment area.
    (h) EPA approves revisions to the Maryland State Implementation Plan 
amending the 1990 base year emission inventories for the Cecil County 
portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area, 
submitted by the Secretary of the Maryland Department of the 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 for volatile organic compounds and nitrogen oxides 
in the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone 
nonattainment area.

[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; 
65 FR 5252, Feb. 3, 2000; 66 FR 48210, Sept. 19, 2001]



Sec. 52.1076  Control strategy plans for attainment and 
rate-of-progress: 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.
    (c) EPA approves as a revision to the Maryland State Implementation 
Plan, the 15 Percent Rate of Progress Plan for the Baltimore ozone 
nonattainment area, submitted by the Secretary of Maryland Department of 
the Environment on October 7, 1998.
    (d) EPA approves the Maryland's 15 Percent Rate of Progress Plan for 
the Maryland portion of the Metropolitan Washington, D.C. ozone 
nonattainment area, submitted by the Secretary of the Maryland 
Department of the Environment on May 5, 1998.
    (e) [Reserved]
    (f)(1) EPA approves revisions to the Maryland State Implementation 
Plan for post 1996 rate of progress plans for milestone years 1999, 2002 
and 2005 for the Cecil County portion of the Philadelphia-Wilmington-
Trenton ozone nonattainment area. These revisions were submitted by the 
Secretary of the Maryland Department of the Environment on December 24, 
1997, as revised on April 24 and August 18, 1998, December 21, 1999 and 
December 28, 2000.
    (2) EPA approves the contingency plans for failure to meet rate of 
progress in the Cecil County portion of the Philadelphia-Wilmington-
Trenton ozone nonattainment area for milestone years 1999, 2002 and 
2005. These plans were submitted by the Secretary of the Maryland 
Department of the Environment on December 24, 1997, as revised on April 
24 and August 18, 1998, December 21, 1999 and December 28, 2000.
    (3) EPA approves revisions to the Maryland State Implementation 
Plan, submitted by the Secretary of the Maryland Department of the 
Environment on March 8, 2004, for the rate-of-progress (ROP) plan for 
year 2005 for

[[Page 60]]

the Cecil County portion of the Philadelphia-Wilmington-Trenton 1-hour 
ozone nonattainment area. These revisions update Cecil County's 2005 ROP 
plan's 1990 and 2005 motor vehicle emissions inventories and motor 
vehicle emissions budgets to reflect the use of the MOBILE6 emissions 
model, establish motor vehicle emissions budgets of 3.0 tons per day 
(tpd) of volatile organic compounds and 11.3 tpd of nitrogen oxides, and 
amend the contingency measures associated with the 2005 ROP plan for 
Cecil County.
    (g) [Reserved]
    (h) EPA approves the attainment demonstration for the Philadelphia 
area submitted as a revision to the State Implementation Plan by the 
Maryland Department of the Environment on April 29, 1998, August 18, 
1998, December 21, 1999, December 28, 2000, August 31, 2001, and 
September 2, 2003 including its RACM analysis and determination. EPA is 
also approving the revised enforceable commitments made to the 
attainment plan for the Baltimore severe ozone nonattainment area which 
were submitted on December 28, 2000. The enforceable commitments are to 
submit measures by October 31, 2001 for additional emission reductions 
as required in the attainment demonstration test, and to revise the SIP 
and motor vehicle emissions budgets by October 31, 2001 if the 
additional measures affect the motor vehicle emissions inventory; and to 
perform a mid-course review by December 31, 2003.
    (i) EPA approves the following mobile budgets of Maryland's 
attainment plan for the Philadelphia area:

               Transportation Conformity Budgets for the Maryland Portion of the Philadelphia Area
----------------------------------------------------------------------------------------------------------------
                 Type of control strategy SIP                        Year          VOC (TPD)        NOX (TPD)
----------------------------------------------------------------------------------------------------------------
Attainment Demonstration.....................................            2005              3.0             11.3
----------------------------------------------------------------------------------------------------------------

    (1) [Reserved]
    (2) Similarly, EPA is approving the 2005 attainment demonstration 
and its current budgets because Maryland has provided an enforceable 
commitment to submit new budgets as a SIP revision to the attainment 
plan consistent with any new measures submitted to fill any shortfall, 
if the new additional control measures affect on-road motor vehicle 
emissions.
    (j)(1) EPA approves revisions to the Maryland State Implementation 
Plan for post 1996 rate of progress plans for milestone years 1999, 2002 
and 2005 for the Baltimore severe ozone nonattainment area. These 
revisions were submitted by the Secretary of the Maryland Department of 
the Environment on December 24, 1997, as revised on April 24 and August 
18, 1998, December 21, 1999 and December 28, 2000.
    (2) EPA approves the contingency plans for failure to meet rate of 
progress in the Baltimore severe ozone nonattainment area for milestone 
years 1999, 2002 and 2005. These plans were submitted by the Secretary 
of the Maryland Department of the Environment on December 24, 1997, as 
revised on April 24 and August 18, 1998, December 21, 1999 and December 
28, 2000.
    (k) EPA approves the attainment demonstration for the Baltimore area 
submitted as a revision to the State Implementation Plan by the Maryland 
Department of the Environment on April 29, 1998, August 18, 1998, 
December 21, 1999, December 28, 2000, August 20, 2001, and September 2, 
2003 including its RACM analysis and determination. EPA is also 
approving the revised enforceable commitments made to the attainment 
plan for the Baltimore severe ozone nonattainment area which were 
submitted on December 28, 2000. The enforceable commitments are to 
submit measures by October 31, 2001 for additional emission reductions 
as required in the attainment demonstration test, and to revise the SIP 
and motor vehicle emissions budgets by October 31, 2001 if the 
additional measures affect the motor vehicle emissions inventory; and to 
perform a mid-course review by December 31, 2003.
    (l) EPA approves the following mobile budgets of the Baltimore area 
attainment plan:

[[Page 61]]



                            Transportation Conformity Budgets for the Baltimore Area
----------------------------------------------------------------------------------------------------------------
                 Type of control strategy SIP                        Year          VOC (TPD)        NOX (TPD)
----------------------------------------------------------------------------------------------------------------
Attainment Demonstration.....................................            2005             55.0            146.9
----------------------------------------------------------------------------------------------------------------

    (1) [Reserved]
    (2) Similarly, EPA is approving the 2005 attainment demonstration 
and its current budgets because Maryland has provided an enforceable 
commitment to submit new budgets as a SIP revision to the attainment 
plan consistent with any new measures submitted to fill any shortfall, 
if the new additional control measures affect on-road motor vehicle 
emissions.
    (m) EPA approves the State of Maryland's revised 1990 and the 2005 
VOC and NOX highway mobile emissions inventories and the 2005 
motor vehicle emissions budgets for the one-hour ozone attainment plans 
for the Baltimore severe ozone nonattainment area and the Cecil County 
portion of the Philadelphia-Wilmington-Trenton severe ozone 
nonattainment area. These revisions were submitted by the Maryland 
Department of the Environment on September 2, 2003. Submission of these 
revised MOBILE6-based motor vehicle emissions inventories was a 
requirement of EPA's approval of the attainment demonstration under 
paragraphs (h) and (k) of this section.
    (n) EPA approves revisions to the Maryland State Implementation Plan 
for Post-1996 Rate of Progress (ROP) Plans for the Baltimore severe 1-
hour ozone nonattainment area. These revisions were submitted by the 
Secretary of the Maryland Department of the Environment on December 23, 
2003 and consist of the following:
    (1) Revisions to the base year 1990 emissions inventory which 
reflect the use of the MOBILE6 motor vehicle emissions model. These 
revisions establish motor vehicle emissions inventories for 1990 of 
165.14 tons per day of volatile organic compounds (VOC) and 228.21 tons 
per day of oxides of nitrogen (NOX).
    (2) Revisions to the year 2005 motor vehicle emissions budgets 
(MVEBs) for transportation conformity purposes, reflecting the use of 
the MOBILE6 motor vehicle emissions model. These revisions establish a 
motor vehicle emissions budget of 55 tons per day of volatile organic 
compounds (VOC) and 144.5 tons per day of oxides of nitrogen 
(NOX). EPA approved new 2005 MOBILE6-based MVEBs for the 
Baltimore area's 1-hour ozone attainment demonstration on October 27, 
2003 (68 FR 61106). Those MVEBs became effective on November 26, 2003. 
The approved 2005 attainment plan MVEBs budgets are 55.3 tons per day of 
VOC and 146.9 tons per day of NOX. The MVEBs of the 2005 ROP 
plan are less than the MVEBs in the approved attainment demonstration. 
These more restrictive MVEBs, contained in the ROP plan, are the 
applicable MVEBs to be used in transportation conformity demonstrations 
for the year 2005 for the Baltimore area.
    (3) Revisions to the 2005 ROP plan to reallocate some of the 
contingency measures established in prior SIP revisions to the control 
measures portion of the plan. EPA guidance allows states an additional 
year to adopt new contingency measures to replace those reallocated to 
the control measures portion of the plan. The State of Maryland's 
December 23, 2003 SIP revision submittal includes an enforceable 
commitment to replace those contingency measures reallocated to the 
control measures portion of the 2005 ROP plan and to submit these 
additional contingency measures by October 31, 2004.
    (o) Based upon EPA's review of the air quality data for the 3-year 
period 2003 to 2005, EPA has determined that the Washington, DC severe 
1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the 
applicable attainment date of November 15, 2005. EPA also has determined 
that the Washington, DC severe 1-hour ozone nonattainment area is not 
subject to the imposition of the section 185 penalty fees.
    (p) Based upon EPA's review of the air quality data for the 3-year 
period 2003 to 2005, EPA has determined that that the Philadelphia-
Wilmington-

[[Page 62]]

Trenton severe 1-hour ozone nonattainment area attained the 1-hour ozone 
NAAQS by the applicable attainment date of November 15, 2005. EPA also 
has determined that the Philadelphia-Wilmington-Trenton severe 1-hour 
ozone nonattainment area is not subject to the imposition of the section 
185 penalty fees.

[62 FR 40458, July 29, 1997]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1076, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



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  Extensions.

    (a) [Reserved]
    (b) The Administrator hereby extends by six-months the deadline by 
which Maryland must incorporate mandatory testing of second generation 
On-board Diagnostics (OBD-II) equipped motor vehicles as part of its 
inspection and maintenance (I/M) program. As a result of this deadline 
extension, Maryland must now incorporate mandatory OBD-II checks (for 
1996-and-newer OBD-II equipped vehicles) as an element of the 
Commonwealth's I/M program in all enhanced I/M program areas by July 1, 
2002.

[66 FR 632, Jan. 3, 2001, as amended at 68 FR 2210, Jan. 16, 2003; 69 FR 
43522, July 21, 2004]



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]



Sec. 52.1081  Control strategy: Particulate matter.

    Determination of Attainment. EPA has determined, as of January 12, 
2009, the Maryland portion of the Metropolitan Washington, DC-MD-VA 
nonattainment area for the 1997 PM2.5 NAAQS has attained the 
1997 PM2.5 NAAQS. This determination, in accordance with 40 
CFR 52.1004(c), suspends the requirements for this area to submit an 
attainment demonstration and associated reasonably available control 
measures, a reasonable further progress plan, contingency measures, and 
other planning SIPs related to attainment of the standard for as long as 
the area continues to attain the 1997 PM2.5 NAAQS.

[74 FR 1148, Jan. 12, 2009]



Sec. Sec. 52.1082-52.1083  [Reserved]



Sec. 52.1084  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the 
State of Maryland and for which requirements are set forth under the 
Federal CAIR NOX Annual Trading Program in subparts AA 
through II of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the Maryland State Implementation 
Plan (SIP) as meeting the requirements of CAIR for PM2.5 
relating to NOX under Sec. 51.123 of this chapter, except to 
the extent the Administrator's approval is partial or conditional

[[Page 63]]

or unless such approval is under Sec. 51.123(p) of this chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX allowances to 
sources in the State for any years, the provisions of part 97 of this 
chapter authorizing the Administrator to complete the allocation of CAIR 
NOX allowances for those years shall continue to apply, 
unless the Administrator approves a SIP provision that provides for the 
allocation of the remaining CAIR NOX allowances for those 
years.
    (b)(1) The owner and operator of each NOX source located 
within the State of Maryland and for which requirements are set forth 
under the Federal CAIR NOX Ozone Season Trading Program in 
subparts AAAA through IIII of part 97 of this chapter must comply with 
such applicable requirements. The obligation to comply with these 
requirements in part 97 of this chapter will be eliminated by the 
promulgation of an approval by the Administrator of a revision to the 
Maryland State Implementation Plan (SIP) as meeting the requirements of 
CAIR for ozone relating to NOX under Sec. 51.123 of this 
chapter, except to the extent the Administrator's approval is partial or 
conditional or unless such approval is under Sec. 51.123(ee) of this 
chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX Ozone Season 
allowances to sources in the State for any years, the provisions of part 
97 of this chapter authorizing the Administrator to complete the 
allocation of CAIR NOX Ozone Season allowances for those 
years shall continue to apply, unless the Administrator approves a SIP 
provision that provides for the allocation of the remaining CAIR 
NOX Ozone Season allowances for those years.

[72 FR 62349, Nov. 2, 2007]



Sec. 52.1085  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within 
the State of Maryland and for which requirements are set forth under the 
Federal CAIR SO2 Trading Program in subparts AAA through III 
of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the Maryland State Implementation 
Plan as meeting the requirements of CAIR for PM2.5 relating 
to SO2 under Sec. 51.124 of this chapter, except to the 
extent the Administrator's approval is partial or conditional or unless 
such approval is under Sec. 51.124(r) of this chapter.

[72 FR 62349, Nov. 2, 2007]



Sec. Sec. 52.1086-52.1099  [Reserved]



Sec. 52.1100  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Maryland'' and all revisions submitted by Maryland that 
were federally approved prior to November 1, 2004.
    (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.

[[Page 64]]

    (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 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);

[[Page 65]]

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 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

[[Page 66]]

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.
    (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:


[[Page 67]]


    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.
    (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

[[Page 68]]

(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 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

[[Page 69]]

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).
    (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.

[[Page 70]]

    (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.
    (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.

[[Page 71]]

    (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.
    (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:

[[Page 72]]

    (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.
    (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).

[[Page 73]]

    (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 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

[[Page 74]]

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 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 appendices 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

[[Page 75]]

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, appendices A and B and 
Methods 1000, 1002, and 1003 contained in ``Technical Memorandum 91-01, 
Test Methods and Equipment Specifications for Stationary Sources'' 
(January 1991), COMAR 26.11.13.02(C)(2), COMAR 26.11.19.02D(2), COMAR 
26.11.19.07A, COMAR 26.11.19.07D, COMAR 26.11.19.11B(2) and C, COMAR 
26.11.19.12F(3) and (4), and COMAR 26.11.19.16.
    (104) Revisions to the Maryland State Implementation Plan submitted 
on April 2, 1992 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 2, 1992 from the Maryland Department of the 
Environment transmitting addition, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on January 20, 1992, 
effective February 17, 1992:
    (1) Amendments to COMAR 26.1.01.01DD, the definition for the term 
volatile organic compound.
    (2) Amendments to COMAR 26.11.01.04C, pertaining to emission test 
methods, including the addition of Methods 1006, 1007, and 1008 
contained in Supplement 1 (July 1, 1991) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources'' 
(January 1991), and revisions to Method 1000 and Appendixes A and B 
contained in Supplement 1.
    (3) Amendments to COMAR 26.11.19.02D, pertaining to test methods for 
coatings and adhesives containing volatile organic compounds.
    (4) Amendments to COMAR 26.11.19.09B, pertaining to emission 
standards for volatile organic compound metal cleaning.
    (5) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to 
compliance determinations for petroleum solvent dry cleaning 
installations.
    (ii) Additional material.
    (A) Remainder of the April 2, 1992 State submittal pertaining to 
COMAR 26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and Methods 
1002, 1006, 1007, and 1008 contained in Supplement 1 (July 1, 1991) to 
``Technical Memorandum 91-01, Test Methods and Equipment Specifications 
for Stationary Sources'' (January 1991), COMAR 26.11.19.02D, COMAR 
26.11.19.09B, and COMAR 26.11.19.12F(3) and (4).
    (105) Revisions to the Maryland State Implementation Plan submitted 
on January 18, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of January 18, 1993 from the Maryland Department of the 
Environment transmitting addition, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on January 18, 1993, 
effective February 15, 1993:
    (1) Amendments to COMAR 26.11.01.04C, pertaining to emission test 
methods, including the addition of Methods 1009, 1011, and 1012 
contained in Supplement 2 (July 1, 1992) to

[[Page 76]]

``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 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,

[[Page 77]]

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 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:

[[Page 78]]

    (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) 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).

[[Page 79]]

    (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 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

[[Page 80]]

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 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:

[[Page 81]]

    (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 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-

[[Page 82]]

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 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) Revisions to the State of Maryland Regulations COMAR 
26.11.06.05--Sulfur Compounds from Other than Fuel Burning Equipment 
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 amendments to Code of Maryland Administrative 
Regulations (COMAR) 26.11.06.05--Sulfur

[[Page 83]]

Compounds from Other than Fuel Burning Equipment.
    (B) Revision to COMAR 26.11.06.05--Sulfur Compounds from Other than 
Fuel Burning Equipment, effective September 22, 1997 to replace the term 
``installations'' with the term ``equipment'' throughout the regulation.
    (ii) Additional materials--Remainder of February 8, 1998 submittal.
    (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.
    (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

[[Page 84]]

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) Revision to the Maryland State Implementation Plan submitted 
on April 7, 1998 by the Maryland Department of the Environment 
establishing reasonably available control technology (RACT) for two 
additional VOC source category under COMAR 26.11.19, ``Volatile Organic 
Compounds from Specific Processes.''
    (i) Incorporation by reference.
    (A) Letter dated April 7, 1998 from the Maryland Department of the 
Environment transmitting revisions to Maryland's air quality regulation 
COMAR 26.11.19, adopted by the Secretary of the Environment on July 15, 
1997 and effective August 11, 1997.
    (B) New regulations COMAR 26.11.19.22 ``Control of Volatile Organic 
Compounds from Vinegar Generators''.

[[Page 85]]

    (ii) Additional Material--Remainder of Maryland Department of the 
Environment's April 7, 1998 submittals pertaining to Vinegar Generators.
    (138) Revision to the Maryland State Implementation Plan submitted 
on April 7, 1998 by the Maryland Department of the Environment 
establishing reasonably available control technology (RACT) for an 
additional VOC source category under COMAR 26.11.19, ``Volatile Organic 
Compounds from Specific Processes.''
    (i) Incorporation by reference.
    (A) Letter dated April 7, 1998 from the Maryland Department of the 
Environment transmitting revisions to Maryland's air quality regulation 
COMAR 26.11.19, adopted by the Secretary of the Environment on July 15, 
1997 and effective August 11, 1997.
    (B) New regulation COMAR 26.11.19.24 ``Control of Volatile Organic 
Compounds from Leather Coating Operations''.
    (ii) Additional Material--Remainder of Maryland Department of the 
Environment's April 7, 1998 submittals pertaining to Leather Coating 
Operations.
    (139) 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 additions to Code of Maryland Administrative 
Regulations (COMAR) 26.11.19 Volatile Orgranic Compounds from Specific 
Processes.
    (B) Addition of COMAR 26.11.19.26 Control of Volatile Organic 
Compounds from Reinforced Plastic Manufacturing, effective August 11, 
1997.
    (ii) Additional Material: Remainder of August 28, 1998, State 
submittal pertaining to the addition of COMAR 26.11.19.26 Control of 
Volatile Organic Compounds from Reinforced Plastic Manufacturing to 
COMAR 26.11.19 Volatile Organic Compounds from Specific Processes.
    (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

[[Page 86]]

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 
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,

[[Page 87]]

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.
    (144) Revisions to the Maryland State Implementation Plan submitted 
by the Maryland Department of the Environment on July 10, 1995, March 
27, 1996, and September 25, 1998 as supplemented on May 25, 1999:
    (i) Incorporation by reference.
    (A) Letter of July 10, 1995, from the Maryland Department of the 
Environment transmitting an Enhanced Vehicle Emissions Inspection 
Program.
    (B) Regulations for the Vehicle Emissions Inspection Program COMAR 
11.14.08. adopted by the Secretary of the Environment on August 1, 1994, 
effective January 2, 1995:
    (1) COMAR 11.14.08.01 through COMAR 11.14.08.02, inclusive.
    (2) COMAR 11.14.08.03A.
    (3) COMAR 11.14.08.03A(1).
    (4) COMAR 11.14.08.03A(2) except the word ``federal,'' in the first 
line.
    (5) COMAR 11.14.08.03B.
    (6) COMAR 11.14.08.04.
    (7) COMAR 11.14.08.05, section A.
    (8) COMAR 11.14.08.05 sections B(1) through (7), inclusive.
    (9) COMAR 11.14.08.05 sections C. through F., inclusive.
    (10) COMAR 11.14.08.06 through COMAR 11.14.08.42, inclusive.
    (C) Letter of March 27, 1996, from the Maryland Department of the 
Environment transmitting amendments to the Enhanced Vehicle Emissions 
Inspection Program.
    (D) Letter of September 25, 1998, from the Maryland Department of 
the Environment transmitting amendments to the Enhanced Vehicle 
Emissions Inspection Program.
    (E) The following revisions to the provisions of COMAR 11.14.08 
adopted by the Secretary of the Environment on November 21, 1996, 
effective December 16, 1996:
    (1) Amendments to COMAR 11.14.08.03B.
    (2) The addition of a new COMAR 11.14.08.03C.
    (3) Amendments to COMAR 11.14.08.05B(4).
    (4) Amendments to COMAR 11.14.08.06D(7).
    (5) Renumbering COMAR 11.14.08.09A to .09B, .09B to .09C, .09C to 
.09D and .09D to. 09E, .09E to .09F, and .09F to .09G.
    (6) The addition of a new COMAR 11.14.08.09A, A(1) and A(3).
    (7) Amendments to COMAR 11.14.08.09B(1), B(1)(a), B(1)(b), B(2), 
B(3), B(3)(a), B(3)(b) and B(4).
    (8) Amendments to COMAR 11.14.08.09E.
    (9) The addition of a new COMAR 11.14.08.09-1 except the phrase 
``and, to the extent allowed by federal law, a vehicle owned by the 
federal government'' in section COMAR 11.14.08.09-1A.
    (10) Renumbering COMAR 11.14.08.06B(3) to B(4), B(4) to B(5), B(5) 
to B(6), and B(6) to B(7).
    (11) Creation of a new COMAR 11.14.08.06B(3) from the last two 
sentences of COMAR 11.14.08.06B(2).
    (12) Amendments to COMAR 11.14.08.10B(3).
    (13) Amendments to COMAR 11.14.08.10C.
    (14) Deletion of COMAR 11.14.08.10C(1), C(1)(a) through C(1)(c), 
inclusive, and C(2).

[[Page 88]]

    (15) Renumbering COMAR 11.14.08.10C(2)(a) to C(1), C(2)(b) to C(2), 
C(2)(c) to C(3), C(2)(d) to C(4), C(2)(e) to C(5), and C(2)(f) to C(6).
    (16) The addition of a new COMAR 11.14.08.11-1 except the phrase 
``and, to the extent allowed by federal law, a vehicle owned by the 
federal government'' in section COMAR 11.14.08.11-1A.
    (17) Amendments to COMAR 11.14.08.12A.
    (18) Deletion of COMAR 11.14.08.12A(1) through .12A(6), inclusive.
    (19) Amendments to COMAR 11.14.08.12B(1).
    (20) Amendments to COMAR 11.14.08.29A(2).
    (21) Amendments to COMAR 11.14.08.30D(2).
    (22) Amendments to COMAR 11.14.08.32A.
    (23) Amendments to COMAR 11.14.08.32B(5).
    (24) Amendments to COMAR 11.14.08.42.
    (F) The following revisions to the provisions of COMAR 11.14.08 
adopted by the Secretary of the Environment on September 16, 1998, 
effective October 19, 1998:
    (1) Amendments to COMAR 11.14.08.02B(40), B(40(a), and B(40)(b).
    (2) Deletion of COMAR 11.14.08.03C.
    (3) Addition of a new COMAR 11.14.08.03C and .03D.
    (4) Amendments to COMAR 11.14.08.06A(2).
    (5) Amendments to COMAR 11.14.08.06A(3)(k), (p), (q) and (r).
    (6) Renumbering COMAR 11.14.08.06A(3)(s) and (t) to COMAR 
11.14.08.06A(3)(t) and (u), respectively.
    (7) The addition of a new COMAR 11.14.08.06A(3)(s).
    (8) Amendment of COMAR 11.14.08.06D(7).
    (9) Addition of a new COMAR 11.14.08.07C.
    (10) Amendments to COMAR 11.14.08.09A.
    (11) Deletion of COMAR 11.14.08.09A(1) through .09A(3), inclusive.
    (12) Addition of a new COMAR 11.14.08.09A(1).
    (13) Addition of a new COMAR 11.14.08.09A(2), A(2)(a) and A(2)(b).
    (14) Amendments to COMAR 11.14.08.09B, B(1), B(1)(a) and B(1)(a)(i).
    (15) Amendments to COMAR 11.14.08.09B(1)(b).
    (16) Amendments to COMAR 11.14.08.09B(2) and B(2)(a).
    (17) Amendments to COMAR 11.14.08.09B(3).
    (18) Amendments to COMAR 11.14.08.09B(3)(a) and (b).
    (19) Amendments to COMAR 11.14.08.09A(4).
    (20) Amendments to COMAR 11.14.08.09A(4)(a).
    (21) Renumbering of COMAR 11.14.08.09E to .09F, .09F to .09G, and 
.09G to .09H.
    (22) Reservation with notes of COMAR 11.14.08.09C and .09D,
    (23) Addition with a note of a new reserved COMAR 11.14.08.09E.
    (24) Amendments to COMAR 11.14.08.09F and .09G.
    (25) Amendments to COMAR 11.14.08.10B(1)(c) and B(1)(d).
    (26) Amendments to COMAR 11.14.08.10C(6)(b).
    (27) Renumbering of COMAR 11.14.08.11 to COMAR 11.14.08.11-1.
    (28) Addition of a new COMAR 11.14.08.11.
    (29) Amendments to COMAR 11.14.08.11-1, .11-1A(3), .11-1A(4), 11-1B, 
11-1B(4) and 11-1B(5).
    (30) Reservation with a note of COMAR 11.14.08.11-1C.
    (31) Amendments to COMAR 11.14.08.11-1D(1) and 11-1D(2).
    (32) Amendment to COMAR 11.14.08.12.
    (33) Renumbering of COMAR 11.14.08.12B to .12C.
    (34) Reservation with a note of COMAR 11.14.08.12A.
    (35) Addition a new COMAR 11.14.08.12B and .12B(1).
    (36) Addition with a note of a new reserved COMAR 11.14.08.12B(2).
    (37) Amendments to COMAR 11.14.08.12C(1) and C(3).
    (38) Amendments to COMAR 11.14.08.15C(7)(c).
    (39) Amendments to COMAR 11.14.08.16.
    (40) Renumbering COMAR 11.14.08.16C to COMAR 11.14.08.16D.
    (41) Reservation with a note of COMAR 11.14.08.16A and .16B.
    (42) Addition with a note of a new reserved COMAR 11.14.08.16C.

[[Page 89]]

    (43) Amendments to COMAR 11.14.08.16D.
    (44) Renumbering COMAR 11.14.08.22C to COMAR 11.14.08.22D.
    (45) Reservation with a note of COMAR 11.14.08.22A and .22B.
    (46) Addition with a note of a new reserved COMAR 11.14.08.22C.
    (47) Amendments to COMAR 11.14.08.27C(2).
    (48) The deletion of COMAR 11.14.08.27C(3).
    (49) Renumbering COMAR 11.14.08.27C(4) to COMAR 11.14.08.27C(3).
    (50) Amendments to COMAR 11.14.08.28A.
    (51) Amendments to COMAR 11.14.08.32A.
    (52) Amendments to COMAR 11.14.08.32B(5).
    (53) Amendments to COMAR 11.14.08.42.
    (G) Letter of May 25, 1999, from the Maryland Department of the 
Environment transmitting amendments to the Enhanced Vehicle Emissions 
Inspection Program.
    (ii) Additional material.
    (A) Remainder of the July 10, 1995, submittal;
    (B) Remainder of March 27, 1996, submittal;
    (C) Remainder of September 25, 1998, submittal; and
    (D) Remainder of May 25, 1999, submittal.
    (145) Revisions to the Maryland State Implementation Plan submitted 
on April 12, 1999, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 12, 1999, from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan, pertaining to Regulation .15 under Code of Maryland Administrative 
Regulations (COMAR) 26.11.19 Volatile Organic Compounds from Specific 
Processes.
    (B) Revision to COMAR 26.11.19.15: Paint, Resin, and Adhesive 
Manufacturing and Adhesive Application amending the definition found at 
COMAR 26.11.19.15 A(2) of the term ``honeycomb core installation'' to 
include other substrates. This revision was adopted on March 2, 1999 and 
effective on March 22, 1999.
    (C) Revision to COMAR 26.11.19.15: Paint, Resin, and Adhesive 
Manufacturing and Adhesive Application clarifying the applicability of 
COMAR 26.11.19.15.C(4) General Emission Standard. This revision was 
adopted on April 9, 1998 and effective on May 4, 1998.
    (ii) Additional Material--Remainder of April 12, 1999 submittal 
pertaining to COMAR 26.11.19.15 Paint, Resin, and Adhesive Manufacturing 
and Adhesive Application.
    (146) Revisions to the Maryland Regulations, through the addition of 
COMAR 26.11.20.04, adopting the National Low Emission Vehicle Program. 
This revision was submitted on March 3, 1999 by the Maryland Department 
of the Environment, and was amended on March 24, 1999:
    (i) Incorporation by reference.
    (A) Letter of March 3, 1999 from the Maryland Department of the 
Environment transmitting a revision to the Maryland State Implementation 
Plan for a National Low Emission Vehicle program.
    (B) Letter of March 24, 1999 from the Maryland Department of the 
Environment revising Maryland's State Implementation Plan for a National 
Low Emission Vehicle program.
    (C) Maryland regulation COMAR 26.11.20.04, entitled ``National Low 
Emission Vehicle Program'', effective March 22, 1999.
    (ii) Additional materials--Remainder of March 3, 1999 and March 24, 
1999 submittals pertaining to COMAR 26.11.20.04.
    (147) Revisions to the Maryland State Implementation Plan submitted 
on March 11, 1999, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of March 11, 1999, from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan, pertaining to Code of Maryland Administrative Regulations (COMAR) 
26.11.19. Volatile Organic Compounds from Specific Processes at 
26.11.19.07 Paper, Fabric, Vinyl, and Other Plastic Parts Coating.
    (B) Revision to COMAR 26.11.19.07: Paper, Fabric, Vinyl, and Other 
Plastic Parts Coating to add at COMAR 26.11.19.07 F. ``Emission 
Standards for

[[Page 90]]

Printing on Plastic Other than Vinyl.'' This revision was adopted on 
August 6, 1997, and effective on September 8, 1997.
    (C) Revisions to COMAR 26.11.19.07: Paper, Fabric, Vinyl, and Other 
Plastic Parts Coating, adopted August 4, 1998, and effective on August 
24, 1998, including the following:
    (1) Revision to COMAR 26.11.19.07 B. ``Applicability'' at B (1) to 
delete previous text describing subject coating and printing operations 
and to add new text stating that the regulation applies to any coating 
or printing operation that it listed in and has VOC emissions equal to 
or greater than the applicability levels in subsection C. (2) and (3) of 
this regulation.
    (2) Revision to COMAR 26.11.19.07 C. to change the title from 
``Emission Standards for Web, Paper, Fabric, and Vinyl Coating'' to 
``Emission Standards for Coating or Printing Installations.''
    (3) Revision to COMAR 26.11.19.07 C. (1) to delete text which 
specified installations by substrates and listed the associated emission 
standards, and to add text to refer to the installations and emission 
standards found in subsections C. (2) and (3) of this regulation.
    (4) Revision to COMAR 26.11.19.07 to add subsection C. (2) and (3) 
to list in tabular format subject installations, applicability 
thresholds, and VOC emission standards.
    (5) Revision to COMAR 26.11.19.07 to delete subsections E. D. and F. 
as their requirements are found in the new simplified table at COMAR 
26.11.19.07 C (2) and (3).
    (ii) Additional Material--Remainder of March 11, 1999 submittal 
pertaining to COMAR 26.11.19.07 Paper, Fabric, Vinyl, and Other Plastic 
Parts Coating.
    (148) Revisions to the Maryland State Implementation Plan submitted 
on June 8, 1993 and September 25, 2000 by the Maryland Department of the 
Environment.
    (i) Incorporation by Reference.
    (A) Letter dated June 8, 1993 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.01, 26.11.02, and 
26.11.06, as well as a new COMAR 26.11.17.
    (B) The following provisions of COMAR 26.11.01.01 (General 
Administrative Provisions--Definitions), 26.11.02 (Permits, Approvals, 
and Registration), 26.11.06 (General Emission Standards, Prohibitions, 
and Restrictions), and 26.11.17 (Requirements for Major New Sources and 
Modifications), effective April 26, 1993:
    (1) Revised COMAR 26.11.01.01J (definition of ``Modification'') 
[currently cited as COMAR 26.11.01.01B(20)].
    (2) New COMAR 26.11.01.01M-1 definition of ``New Source Review 
Source'' (NSR Source) [currently cited as COMAR 26.11.01.01B(24)], 
replacing COMAR 26.11.01.01L (``New Source Impacting on a Non-Attainment 
Area--NSINA'').
    (3) Revised COMAR 26.11.02.03A(1), .03B, .09A (introductory 
paragraph), 09A(5), .10C (introductory paragraph), .11A (introductory 
paragraph), .11A(3).
    (4) Revised COMAR 26.11.06.06E(1).
    (5) New COMAR 26.11.17.01A; .01B(1)(a), (b); .01B(2) through 
.01B(14); .01B(15)(a)[introductory paragraph only], (c), (d), (e)[except 
iii], (f); .01B(16) through (18); .02B through .02F; .03A; .03B(1), 
.03B(2), .03B(3)(a) through .03B(3)(d)[except introductory paragraph]; 
.03B(4); .03B(5); .03C; .03D; .05A; .05B(1); .05B(3). This rule replaces 
COMAR 26.11.06.11.
    (C) Letter dated September 25, 2000 from the Maryland Department of 
the Environment transmitting revisions to COMAR 26.11.17.
    (D) The following provisions of COMAR 26.11.17 (Requirements for 
Major New Sources and Modifications), effective October 2, 2000: 
.01B(1)(c); .01B(15)(a)(i), .01B(15)(a)(ii), .01B(15)(b), 
.01B(15)(e)(iii); .02A(1), .02A(2); .03B(3), .03B(5), .03B(6)[formerly 
.03B(5)], .04A(1), .04A(2), .04B, .04C(1), .04C(2); .05B(2).
    (149) Revisions to the Maryland Regulations related to use of 
pollution control devices in COMAR 26.11.12 Control of Batch Type Hot-
Dip Galvanizing Installations 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 to Mr. Stanley Laskowski of EPA transmitting revisions to 
COMAR 26.11.12 Control of Batch Type Hot-Dip Galvanizing Installations 
related to

[[Page 91]]

use of control equipment to meet visible emission limitations.
    (B) Revision to COMAR 26.11.12 Control of Batch Type Hot-Dip 
Galvanizing Installations related to use of control equipment to meet 
visible emission limitations. Revisions were effective on May 8, 1995.
    (ii) Additional materials--Remainder of July 17, 1995, submittal 
related to COMAR 26.11.12 Control of Batch Type Hot-Dip Galvanizing 
Installations and the use of pollution control equipment to meet visible 
emission limitations.
    (150) Revisions to the Maryland Regulations related to visible 
emissions standards for iron and steel installations submitted on March 
30, 1987 and December 15, 1987 by the Maryland Department of Health and 
Mental Hygiene (currently known as the Maryland Department of the 
Environment):
    (i) Incorporation by reference.
    (A) Letters of March 30, 1987 and December 15, 1987 from the 
Maryland Department of Health and Mental Hygiene (currently known as the 
Maryland Department of the Environment) transmitting revisions related 
to visible emissions standards for iron and steel installations.
    (B) Revisions to COMAR 10.18.10.03B(3) [currently COMAR 
26.11.10.03B(2)], effective March 24, 1987.
    (C) Revisions to COMAR 10.18.10.03B(3) [currently COMAR 
26.11.10.03B(2)], effective January 5, 1988.
    (ii) Additional Material. Remainder of the March 30, 1987 and 
December 15, 1987 submittals.
    (151) Revisions to the Maryland State Implementation Plan submitted 
on August 28, 1998, November 16, 1999 and March 20, 2000 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 additions to the Maryland's State 
Implementation Plan pertaining to the Nitrogen Oxides Budget Program.
    (B) Letter of November 16, 1999 from the Maryland Department of the 
Environment transmitting additions to the Maryland's State 
Implementation Plan pertaining to the Nitrogen Oxides Budget Program.
    (C) Letter of March 20, 2000 from the Maryland Department of the 
Environment transmitting additions to the Maryland's State 
Implementation Plan pertaining to the Nitrogen Oxides Budget Program.
    (D) Revisions to COMAR 26.11.27, Post RACT Requirements for 
NOX Sources (NOX Budget Program) and COMAR 
26.11.28, Polices and Procedures Relating to Maryland's NOX 
Budget Program, effective June 1, 1998.
    (1) Addition of COMAR 26.11.27.01 through COMAR 26.11.27.14, except 
COMAR 26.11.27.04, .07 and .11.
    (2) Addition of COMAR 26.11.28.01 through COMAR 26.11.28.13, except 
COMAR 26.11.28.08.
    (E) Revisions to COMAR 26.11.27, Post RACT Requirements for 
NOX Sources (NOX Budget Program) and COMAR 
26.11.28, Polices and Procedures Relating to Maryland's NOX 
Budget Program, effective October 18, 1999, consisting of the addition 
of new COMAR 26.11.27.04, .07 and .11.
    (F) Revisions to COMAR 26.11.27, Post RACT Requirements for 
NOX Sources ( NOX Budget Program) and COMAR 
26.11.28, Polices and Procedures Relating to Maryland's NOX 
Budget Program, consisting of the consent agreement between the Maryland 
Department of the Environment and the Potomac Electric Power Company, 
effective September 13, 1999.
    (G) Revisions to COMAR 26.11.27, Post RACT Requirements for 
NOX Sources ( NOX Budget Program) and COMAR 
26.11.28, Polices and Procedures Relating to Maryland's NOX 
Budget Program, consisting of the consent agreement between the Maryland 
Department of the Environment and the Baltimore Gas & Electric Company, 
effective November 19, 1999.
    (ii) Additional Material--Remainder of August 28, 1998, November 16, 
1999 and March 20, 2000 submittals pertaining to the Nitrogen Oxides 
Budget Program.
    (152) Revisions to the Maryland Regulations governing visible 
emissions submitted on March 21, 1991 and November 5, 1997 by the 
Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letters from the Maryland Department of the Environment dated

[[Page 92]]

March 21, 1991 and November 5, 1997 submitting revisions to the Maryland 
State Implementation Plan.
    (B) Document entitled ``Procedures To Be Used To Evaluate An 
Application For An Alternative Visible Emissions Standard Under COMAR 
26.11.06.02B''.
    (C) Code of Maryland Administrative Regulations (COMAR) 10.18.06.02 
(General Emission Standards, Prohibitions, and Restrictions--Visible 
Emissions), Sections 10.18.06.02A(1), .02(A)(1)(a), .02(A)(2), and 
.02C(1) and (2), effective December 3, 1984.
    (D) Recodified COMAR 26.11.06.02 (General Emission Standards, 
Prohibitions, and Restrictions--Visible Emissions), Sections 
26.11.06.02A(1) [General paragraph], .02A(1)(a) through (d) and (f), 
.02A(2), and .02C(1) through (3), effective August 1, 1988.
    (E) COMAR 26.11.06.02B (Visible Emissions--Case-by-Case Exception to 
the Visible Emissions Standards).
    (1) COMAR 10.18.06.02B(1)(a) through (d), .02B(2)(a), .02B(4)(a) and 
(b), and .02B(5)(a) and (b), effective December 3, 1984. This rule 
replaces COMAR 10.18.01.08. [Recodified as COMAR 26.11.06.02B, effective 
August 1, 1988.]
    (2) COMAR 26.11.06.02B(2)(b) through (e) and .02 B(4)(c), effective 
July 3, 1995.
    (F) Recodified COMAR 26.11.06.03D (Particulate Matter from Materials 
Handling and Construction), effective August 1, 1988.
    (ii) Additional Material.
    (A) Remainder of the March 21, 1991 submittal (MD91-01) as it 
pertains to the recodification of COMAR 26.11.06.02 and 26.11.06.03D.
    (B) Remainder of the November 5, 1997 submittal (MD97-02).
    (153) Revisions to the Maryland State Implementation Plan submitted 
on April 2, 1992 and October 10, 2000 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter dated April 2, 1992 from the Maryland Department of the 
Environment transmitting revisions to the testing and observation 
procedures for iron and steel production operations
    (B) The following revised Maryland provisions, effective February 
17, 1992.
    (1) Revised COMAR 26.11.10.07.
    (2) Technical Memorandum 91-01, Supplement 1--Appendix A, Test 
Method 5 and Method 8.
    (C) Letter dated October 10, 2000 from the Maryland Department of 
the Environment transmitting revisions to regulations and technical 
memoranda governing control of iron and steel production operations.
    (D) The following revised Maryland provisions, effective November 2, 
1998.
    (1) Revisions to COMAR 26.11.01.04C(2).
    (2) Revisions to the following provisions of COMAR 26.11.10: 
Paragraphs .02A., .02B(2), .02B(3), .03A(2)(a) through (c), .03A(2)(e), 
.03B [introductory paragraph], .03B(5) [formerly cited as .03B(6)], 
.04B(2) introductory paragraph [combined with provision formerly cited 
as .04B(2)(a)], .04B(2)(c)(i) and .04B(2)(c)(ii) [formerly cited as 
.04B(2)(e)(i) and .04B(2)(e)(ii) respectively], .04B(2)(f), .04B(3) 
through(5), and.05.
    (3) Removal of the following provisions: COMAR 26.11.10.01B(1) 
[existing provision .01B(2) is renumbered as .01B(1)], .03B(1) [existing 
provisions .03B(2) through(5) are renumbered as .03B(1) through (4)], 
.03B(7), .03B(8), .03C, .03D, .04A(2) and .04A(3) [existing provision 
.04A(1) is renumbered as .04A], .04B(2)(b), and .04B(2)(h) [existing 
provisions .04B(2)(c) through (g) and (i) are renumbered as .04B(2)(a) 
through (f)].
    (4) Addition of COMAR 26.11.10.01B(2) and new .03C.
    (5) Technical Memorandum 91-01, Supplement 3--Test Methods 1004, 
1004F, 1004G, 1004H, and 1004I.
    (E) Revisions to COMAR 26.11.10.03C(1) [formerly cited as .03C], and 
the addition of Paragraphs .03C(2) and .03C(3); effective October 2, 
2000.
    (ii) Additional materials--Remainder of the state submittals 
pertaining to the revisions listed in paragraph (c)(153) (i) of this 
section.
    (154) Revisions to the Maryland Regulations pertaining to the 
Nitrogen Oxides (NOX) Reduction and Trading Program submitted 
on April 27, 2000 by the Maryland Department of the Environment:
    (i) Incorporation by reference.

[[Page 93]]

    (A) Letter of April 27, 2000 from the Maryland Department of the 
Environment transmitting additions to the Maryland State Implementation 
Plan pertaining to the NOX Reduction and Trading Program.
    (B) Revisions to COMAR 26.11.29, NOX Reduction and 
Trading Program and COMAR 26.11.30, Policies and Procedures Relating to 
Maryland's NOX Reduction and Trading Program, effective May 
1, 2000.
    (1) Addition of COMAR 26.11.29.01 through COMAR 26.11.29.15.
    (2) Addition of COMAR 26.11.30.01 through COMAR 26.11.30.09.
    (ii) Additional material. Remainder of April 27, 2000 submittal 
pertaining to the NOX Reduction and Trading Program.
    (155) Revisions to the Maryland Regulations for NOX RACT 
regulations submitted on September 8, 2000 by the Maryland Department of 
the Environment:
    (i) Incorporation by reference.
    (A) Letter of September 8, 2000 from the Maryland Department of the 
Environment transmitting the Maryland NOX RACT regulations.
    (B) The Maryland NOX RACT regulations found at COMAR 
26.11.09.08, effective October 18, 1999, as revised effective September 
18, 2000. This rule replaces COMAR 26.11.09.08, effective May 10, 1993, 
as revised effective June 20, 1994 and May 8, 1995.
    (C) Addition of COMAR 26.11.09.01B(3-1) (definition of the term 
``high heat release unit''), effective September 18, 2000.
    (ii) Additional materials--Remainder of September 8, 2000 submittal.
    (156) Revision to the Maryland Regulations replacing the existing 
regulation and adopting a new regulation for control of volatile organic 
compounds (VOC) from expandable polystyrene operations (EPO) submitted 
on October 20, 2000 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of October 20, 2000 from the Maryland Department of the 
Environment transmitting the EPO regulations.
    (B) The Maryland EPO regulations found at COMAR 26.11.19.19, 
effective October 2, 2000. This rule replaces COMAR 26.11.19.19, 
effective July 3, 1995.
    (ii) Additional materials--Remainder of the October 20, 2000 
submittal.
    (157) Revision to the Maryland Regulations establishing VOC 
reasonably available control technology (RACT) standards for facilities 
that recycle bakery and confectionary waste submitted on October 31, 
2000 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of October 31, 2000 from the Maryland Department of the 
Environment transmitting the VOC RACT regulations for facilities that 
recycle bakery and confectionary waste.
    (B) The Maryland VOC RACT regulations for facilities that recycle 
bakery and confectionary waste found at COMAR 26.11.19.28, effective 
October 2, 2000.
    (ii) Additional materials--Remainder of the October 31, 2000 
submittal.
    (158) Revision to the Maryland Regulations which adopt by reference 
the EPA definition of VOC found at 40 CFR 51.100(s), update the Maryland 
regulation references to the federal PSD regulations at 40 CFR 52.21 and 
include other miscellaneous revisions 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 the adoption of the federal definition of VOC, 
federal reference updates and other miscellaneous revisions.
    (B) The amendment to COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 
which updates the references for incorporation of the federal PSD 
regulations found at 40 CFR 52.21 from the 1993 to the 1996 edition of 
the CFR and include other miscellaneous revisions (COMAR 26.11.01.01B(6-
1) and COMAR 26.11.06.06A(1)(d)), effective June 30, 1997.
    (C) The amendment to COMAR 26.11.01.01B(53) which adopts by 
reference the EPA definition of VOC found at 40 CFR 51.100(s), 1996 
edition of CFR, effective September 22, 1997.
    (ii) Additional materials--Remainder of the February 6, 1998 
submittal.

[[Page 94]]

    (159) Revision to the Maryland Regulations updating the references 
to the federal definition of VOC at 40 CFR 51.100(s) and the federal PSD 
regulations at 40 CFR 52.21, submitted on November 16, 2000 by the 
Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of November 16, 2000 from the Maryland Department of the 
Environment transmitting the updates to the Maryland regulation 
references to the federal definition of VOC at 40 CFR 51.100(s) and the 
federal PSD regulations at 40 CFR 52.21.
    (B) The amendments to COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 
which update the reference for incorporation of the federal PSD 
regulations found at 40 CFR 52.21 from the 1996 to the 1999 edition of 
the CFR and the amendment to COMAR 26.11.01.01B(53) which updates the 
federal reference for incorporation of the EPA definition of VOC found 
at 40 CFR 51.100(s) from the 1996 to the 1999 edition of the CFR, 
effective October 16, 2000.
    (ii) Additional materials--Remainder of the November 16, 2000 
submittal.
    (160) Revisions to the Maryland Regulation, COMAR 26.11.19, Volatile 
Organic Compounds from Specific Processes, submitted on October 5, 2001 
by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of October 5, 2001 from the Maryland Department of the 
Environment transmitting Maryland Regulation, COMAR 26.11.19.29, Control 
of Volatile Organic Compounds From Distilled Spirits Facilities.
    (B) Additions of COMAR 26.11.19.29, Control of Volatile Organic 
Compounds From Distilled Spirits Facilities, adopted by the State of 
Maryland on September 11, 2000 and effective October 2, 2000.
    (C) Revisions to COMAR 26.11.19.29, Control of Volatile Organic 
Compounds From Distilled Spirits Facilities, adopted by the State of 
Maryland on September 25, 2001 and effective October 15, 2001.
    (ii) Additional materials--Remainder of the State submittals 
pertaining to the revisions listed in paragraphs (c)(160)(i)(B) and (C) 
of this section.
    (161) Revisions to the State of Maryland Regulations pertaining to 
the repeal of COMAR 26.11.11.04, Petroleum Refineries, submitted on 
January 4, 2001, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of January 4, 2001, from the Maryland Department of the 
Environment transmitting amendments to COMAR 26.11.11 to repeal 
Regulation 26.11.11.04, Petroleum Refineries.
    (B) Amendments to COMAR 26.11.11, Control of Petroleum Products 
Installations, including Asphalt Paving and Asphalt Concrete Plants, 
repealing Regulation 26.11.11.04, Petroleum Refineries, effective 
October 5, 1998.
    (ii) Additional Material. Remainder of the January 4, 2001 submittal 
pertaining to the repeal of COMAR 26.11.11.04, Petroleum Refineries.
    (162) Revisions to the Maryland State Implementation Plan submitted 
on February 5, 2001 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) A letter dated February 5, 2001 from the Maryland Department of 
the Environment transmitting revisions to the Maryland State 
Implementation Plan, consisting of the addition of COMAR 26.11.19.30 
Control of Volatile Organic Compounds from Organic Chemical Production.
    (B) Addition of new COMAR 26.11.19.30 Control of Volatile Organic 
Compounds from Organic Chemical Production, adopted by the Secretary of 
the Environment on December 6, 2000 and effective on January 8, 2001, 
including the following:
    (1) addition of new COMAR 26.11.19.30 A. Definitions.
    (2) addition of new COMAR 26.11.19.30 B. Terms Defined.
    (3) addition of new COMAR 26.11.19.30.C. Applicability.
    (4) addition of new COMAR 26.11.19.30.D. General Requirements.
    (5) addition of new COMAR 26.11.19.30.E. Demonstration of 
Compliance.
    (ii) Additional materials--Remainder of the February 5, 2001 
submittal.
    (163) Revisions to the Maryland Regulations submitted on January 8, 
2001 by the Maryland Department of the Environment:
    (i) Incorporation by reference.

[[Page 95]]

    (A) Letter dated January 8, 2001 from the Maryland Department of the 
Environment transmitting regulations that establish reasonably available 
control technology (RACT) requirements for those sources at integrated 
steel mills that cause emissions of volatile organic compounds (VOCs).
    (B) The following revisions to COMAR 26.11.10, effective December 
25, 2000:
    (1) Addition of COMAR 26.11.10.01B(1) through .0B(5) inclusive, and 
.01B(8.) [existing provisions .01B(1) and .01B(2) are renumbered as 
.01B(6) and .01B(7) respectively].
    (2) New COMAR 26.11.10.06 (Control of Volatile Organic Compounds 
from Iron and Steel Production Installations).
    (3) Revisions to COMAR 26.11.10.07 (Testing and Observation 
Procedures).
    (C) Letter dated May 29, 2001 from the Maryland Department of the 
Environment, noting the correction of a typographical error made in the 
Maryland Register publication of the Iron and Steel VOC RACT rule.
    (ii) Additional materials--Remainder of the state submittal 
pertaining to the regulations listed in paragraph (c)(163)(i)(B) of this 
section.
    (164) Revisions to the Maryland State Implementation Plan submitted 
on February 6, 1998 and May 14, 2001 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of May 14, 2001 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.01.01 (General 
Administrative Definitions).
    (B) The following revised provisions of COMAR 26.11.01.01, effective 
June 20, 1994:
    (1) 26.11.01.01A.
    (2) 26.11.01.01B(1) through .01B(20), except for .01B(3) and 
.01B(13).
    (3) 26.11.01.01B(24) through .01B(36), except for .01B(25).
    (4) 26.11.01.01B(38) through .01B(53).
    (C) Letter of February 6, 1998 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.01.01 (General 
Administrative Definitions).
    (D) Revised COMAR 26.11.01.01B(43) [definition of ``source''], 
effective June 30, 1997.
    (ii) Additional Material.
    (A) Remainder of May 14, 2001 submittal.
    (B) Remainder of February 6, 1998 submittal related to the revised 
definition of ``source.''
    (165) Revisions to the Maryland State Implementation Plan submitted 
on June 12, 2001 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 12, 2001 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.04 (Ambient Air 
Quality Standards).
    (B) The following revised provisions of COMAR 26.11.04, effective 
May 8, 1995:
    (1) Revised chapter title of COMAR 26.11.04.
    (2) New 26.11.04.03 through .09 (formerly COMAR 26.11.03.01 through 
.07 [State-Adopted National Ambient Air Quality Standards and 
Guidelines], effective prior to May 8, 1995).
    (3) Addition of COMAR 26.11.04.02.
    (ii) Additional Material.
    (A) Remainder of June 12, 2001 submittal.
    (166) Revisions to the Maryland State Implementation Plan submitted 
on August 20, 2001 by the Maryland Department of the Environment 
consisting of Reasonably Available Control Technology (RACT) 
requirements to reduce volatile organic compound (VOC) emissions from 
marine vessel coating operations.
    (i) Incorporation by reference.
    (A) A letter dated August 20, 2001 from the Maryland Department of 
the Environment transmitting an addition to Maryland's State 
Implementation Plan, pertaining to volatile organic compound (VOC) 
regulations in Maryland's air quality regulations, COMAR 26.11.19.27.
    (B) Addition of new COMAR 26.11.19.27--Control of Volatile Organic 
Compounds from Marine Vessel Coating Operations, effective on October 
20, 1997.
    (ii) Additional materials--Remainder of the August 20, 2001 
submittal pertaining to COMAR 26.11.19.27--Control of VOC Emissions from 
Marine Vessel Coating Operations.
    (167)(i) Incorporation by reference.

[[Page 96]]

    (A) Letter dated February 21, 2001 submitted by the Maryland 
Department of the Environment transmitting the source-specific VOC RACT 
determination for the Thomas Manufacturing Corporation Inc., in the form 
of a Consent Order.
    (B) Consent Order for the Thomas Manufacturing Corporation Inc., 
dated February 6, 2001, with an effective date of February 15, 2001.
    (ii) Additional materials--Other materials submitted by the State of 
Maryland in support of and pertaining to the RACT determination for the 
source listed in paragraph (c)(167)(i)(B) of this section.
    (168) SIP revision submitted on April 25, 2001 by the State of 
Maryland consisting of a Consent Order dated April 16, 2001 between the 
Maryland Department of the Environment and Constellation Power Source 
Generation Inc. The Consent Order establishes a system-wide inter-
facility emissions averaging plan to comply with NOX RACT 
requirements at five facilities owned by Constellation Power Source 
Generation Inc. and located in the State of Maryland.
    (i) Incorporation by reference.
    (A) Letter of April 25, 2001 from the Maryland Department of the 
Environment (MDE) transmitting a Consent Order issued by MDE to 
Constellation Power Source Generation, Inc. establishing an averaging 
plan at five electric generating plants as a means of compliance with 
the NOX RACT requirements.
    (B) Consent Order between the Maryland Department of the Environment 
and Constellation Power Source Generation, Inc. dated April 16, 2001.
    (C) NOX RACT Averaging Plan Proposal submitted by 
Constellation Power Source Generation, Inc. dated November 6, 2000.
    (ii) Additional materials--Remainder of the state submittal 
pertaining to the revision listed in paragraph (c)(168) of this section.
    (169) Revisions to the Maryland Regulation, COMAR 26.11.19, Volatile 
Organic Compounds from Specific Processes, submitted on October 5, 2001 
by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of October 5, 2001 from the Maryland Department of the 
Environment transmitting Maryland Regulation, COMAR 26.11.19.13-1, 
Aerospace Coating Operations.
    (B) Addition of COMAR 26.11.19.13-1, Aerospace Coating Operations, 
adopted by the State of Maryland on September 11, 2000 and effective 
October 2, 2000.
    (C) Revisions to COMAR 26.11.19.13-1, Aerospace Coating Operations, 
adopted by the State of Maryland on September 25, 2001 and effective 
October 15, 2001.
    (ii) Additional materials--Remainder of the State submittals 
pertaining to the regulations listed in paragraphs (c)(169)(i)(B) and 
(C) of this section.
    (170) Revisions to the Maryland Regulation, COMAR 26.11.14, Control 
of Emissions from Kraft Pulp Mills, submitted on October 5, 2001 by the 
Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of October 5, 2001 from the Maryland Department of the 
Environment transmitting Maryland Regulations COMAR 26.11.14.01, 
26.11.14.02 and 26.11.14.06, Control of Emissions from Kraft Pulp Mills.
    (B) Additions of COMAR 26.11.14.01, COMAR 26.11.14.02 and COMAR 
26.11.14.06, Control of Emissions from Kraft Pulp Mills, adopted by the 
State of Maryland on December 13, 2000 and effective January 8, 2001.
    (C) Revisions to COMAR 26.11.14.01 and COMAR 26.11.14.06, Control of 
Emissions from Kraft Pulp Mills, adopted by the State of Maryland on 
September 25, 2001 and effective October 15, 2001.
    (ii) Additional materials--Remainder of the State submittals 
pertaining to the revisions listed in paragraphs (c)(170)(i)(B) and (C) 
of this section.
    (171) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) which update the Maryland regulation references to both the 
Federal Prevention of Significant Deterioration (PSD) regulations found 
at Sec. 52.21 and the EPA definition of ``volatile organic compound'' 
(VOC) found at 40 CFR 51.100(s) of the 2000 edition of the Code of 
Federal Regulations, submitted on December 11, 2001 by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.

[[Page 97]]

    (A) Letter of December 11, 2001 from the Maryland Department of the 
Environment transmitting updated references to the Code of Federal 
Regulations (CFR) with regard to the Prevention of Significant 
Deterioration (PSD) regulations and the definition of ``volatile organic 
compound'' (VOC).
    (B) Revisions to COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 
effective December 10, 2001, which updates the references for 
incorporation of the Federal PSD regulations found at Sec. 52.21 from 
the 1999 to the 2000 edition of the CFR.
    (C) The revision to COMAR 26.11.01.01B(53) effective December 10, 
2001, which updates the references of the EPA definition of VOC found at 
40 CFR 51.100(s) from the 1999 edition to the 2000 edition of CFR.
    (ii) Additional material. Remainder of the State submittals 
pertaining to the revisions listed in paragraphs (c)(171)(i)(B) and (C) 
of this section.
    (172) Revision to the Code of Maryland Administrative Regulations 
(COMAR) governing general records and information requirements, 
submitted on December 11, 2001 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of December 11, 2001 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.01.05 (Records and 
Information).
    (B) Revised COMAR 26.11.01.05, effective June 30, 1997, replacing 
COMAR 26.11.01.05, effective July 18, 1980, as recodified August 1, 
1988.
    (C) Revision to the introductory paragraph of COMAR 26.11.01.05A., 
effective December 10, 2001.
    (ii) Additional material. Remainder of the State submittals 
pertaining to the revisions listed in paragraphs (c)(172)(i)(B) and (C) 
of this section.
    (173) Revisions to the Maryland State Implementation Plan submitted 
on February 6, 1998 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) A letter dated February 6, 1998 from the Maryland Department of 
the Environment transmitting additions to Maryland's State 
Implementation Plan, concerning exemption of certain intermittent 
visible emissions requirements at Federal facilities, establishment of 
specific requirements for safety determinations at Federal facilities, 
and amendment to open burning distance limitations under the ``open 
fire'' rule.
    (B) The following additions and revisions to the Code of Maryland 
Administrative Regulations (COMAR), effective August 11, 1997:
    (1) COMAR 26.11.06.02A(1)--introductory text of paragraph 
(1)[revised], and 26.11.06.02A(1)(j) [added].
    (2) COMAR 26.11.07.01B(5) [added], 26.11.07.03B(1)(c) [revised], and 
26.11.07.06 [added].
    (ii) Additional materials--Remainder of the February 6, 1998 
submitted by the Maryland Department of the Environment pertaining to 
the amendments in paragraph (c)(173)(i) (B) of this section.
    (174) Revisions to the Maryland State Implementation Plan submitted 
on November 20, 2001, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter dated November 20, 2001 from the Maryland Department of 
the Environment transmitting a revision to Maryland State Implementation 
Plan concerning an alternative method for a source to achieve compliance 
with volatile organic compound (VOC) requirements for specific 
processes.
    (B) Revisions to Code of Maryland Administrative Regulation (COMAR) 
26.11.19.02B (Applicability, Determining Compliance, Reporting and 
General Requirements--Method of Compliance), effective May 4, 1998, 
which revises paragraph .02B(2)(c), adds a new paragraph .02B(2)(d), and 
renumbers former paragraph .02B(2)(d) as .02B(2)(e).
    (ii) Additional materials--Remainder of the State submittal 
pertaining to the revision listed in paragraph (c)(174)(i) of this 
section.
    (175) Revisions to the Maryland State Implementation Plan submitted 
on December 6, 2001, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter dated December 6, 2001 from the Maryland Department of 
the Environment transmitting additions to Maryland's State 
Implementation

[[Page 98]]

Plan, concerning good operating practices, equipment cleanup procedures, 
and volatile organic compound (VOC) storage tank vapor control 
requirements for specific processes.
    (B) Addition of Code of Maryland Administrative Regulation (COMAR) 
26.11.19.02I--(Applicability, Determining Compliance, Reporting and 
General Requirements--Good Operating Practices, Cleanup, and VOC 
Storage), effective December 10, 2001.
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revision listed in paragraph (c)(175)(i) of this 
section.
    (176) Revisions to the Maryland State Implementation Plan submitted 
by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of December 6, 2001 from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan concerning VOC requirements for facilities that produce inorganic 
chemicals and polytetrafluoroethylene (PTFE) products.
    (B) The following revisions to Code of Maryland Administrative 
Regulation (COMAR) 26.11.19.30 (Control of Volatile Organic Compounds 
from Chemical Production and Polytetrafluoroethylene Installations), 
effective December 10, 2001:
    (1) Revised title for COMAR 26.11.19.30.
    (2) Addition of paragraphs .30B(3-1), .30B(3-2), .30B(4-1), .30B(4-
2), .30B(5)(b), and .30E(1) through (5) inclusive.
    (3) Renumbering of former paragraphs .30B(5), .30C(3), and .30E(1) 
as paragraphs .30B(5)(a), .30C(2) and .30F respectively.
    (4) Revisions to paragraphs .30C(1), renumbered .30C(2), .30D. 
(paragraph title), .30D(1), .30D(2), .30D(3), .30D(4) (introductory 
paragraph) and .30F.
    (5) Removal of former paragraphs .30C(2) and .30E(2).
    (C) Letter of November 6, 2002 from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan concerning VOC requirements for facilities that produce inorganic 
chemicals and polytetrafluoroethylene (PTFE) products.
    (D) The following revisions to Code of Maryland Administrative 
Regulation (COMAR) 26.11.19.30 (Control of Volatile Organic Compounds 
from Chemical Production and Polytetrafluoroethylene Installations), 
effective November 11, 2002:
    (1) Revisions to paragraphs .30B(4-1), .30B(4-2), .30C(2), .30C(3), 
and .30E(1).
    (2) Addition of paragraphs .30B(4-3), .30B(4-4), and .30E(6).
    (ii) Additional materials--Remainder of the State submittal 
pertaining to the revision listed in paragraph (c)(176)(i) of this 
section.
    (177) Revisions to the Code of Maryland Administrative Regulation 
(COMAR) 26.11.19.18 pertaining to the establishment of a VOC limit for 
overprint varnish used in the cosmetic industry, submitted on June 21, 
2002, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 21, 2002, from the Maryland Department of the 
Environment transmitting amendments to Regulation .18, Control of 
Volatile Organic Compound Emissions from Screen Printing and Digital 
Imaging, under COMAR 26.11.19, Volatile Organic Compounds from Specific 
Processes.
    (B) Additions and Revisions to COMAR 26.11.19.18, Control of 
Volatile Organic Compound Emissions from Screen Printing and Digital 
Imaging under COMAR 26.11.19, Volatile Organic Compounds from Specific 
Processes, effective June 10, 2002:
    (1) Revised COMAR 26.11.19.18A(4)(a) and added COMAR 
26.11.19.18A(4)(b), revising the definition of the term ``Clear 
coating.''
    (2) Added COMAR 26.11.19.18A (10-1), adding a definition for the 
term ``Overprint varnish.''
    (3) Added COMAR 26.11.19.18C(1)(a) (General Requirements for Screen 
Printing). Former COMAR 26.11.19.18C(1)(a) through (c) is renumbered as 
26.11.19.18C(1)(b) through (d).
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(177)(i) of this 
section.
    (178) Revisions to the Maryland State Implementation Plan for Stage 
II Vapor Recovery at Gasoline Dispensing Facilities submitted on May 23, 
2002 by

[[Page 99]]

the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of May 23, 2002 from the Maryland Department of the 
Environment transmitting revisions to the Maryland State Implementation 
Plan pertaining to Stage II Vapor Recovery at Gasoline Dispensing 
Facilities.
    (B) The following revisions and additions to COMAR 26.11.24, 
effective on April 15, 2002:
    (1) Revisions to .01B(1) and (17); addition of .01B(18) and 
.01B(19).
    (2) Addition of .01-1.
    (3) Revisions to .02C(1) and (3); addition of .02D, .02E and .02F.
    (4) Revisions to .03F; addition of .03H and .03I.
    (5) Revisions to .04A (introductory paragraph), .04B, .04C and 
.04C(1); addition of .04A(1) through .04A(5) and .04C(2).
    (6) Revisions to .07A, .07B and .07D; addition of .07E.
    (ii) Additional materials--Remainder of the State submittal(s) 
pertaining to the revisions listed in paragraph (c)(178)(i) of this 
section.
    (179) Revisions to the Code of Maryland Administrative Regulation 
(COMAR) 11.14.08 pertaining to the request for delay in the 
incorporation of On-board Diagnostics testing in the state's Vehicle 
Inspection and Maintenance Program submitted on July 9, 2002 by the 
Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 9, 2002 from the Maryland Department of the 
Environment transmitting amendments to Regulations .03, .06, .09, .12, 
and .16 under COMAR 11.14.08, Vehicle Emissions Inspection Program.
    (B) Additions and revisions to COMAR 11.14.08.03, .06, .09, .12, and 
.16, effective June 10, 2002:
    (1) Added COMAR 11.14.08.03E.
    (2) Revised COMAR 11.14.08.06A(3)(r), .09F, .12C(1) through (3) 
inclusive, and .16D.
    (ii) Additional Materials--Remainder of the State submittal(s) 
pertaining to the revisions listed in paragraph (c)(179)(i) of this 
section.
    (180) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) submitted on November 18, 2002 and November 26, 2002 by the 
Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of November 18, 2002 from the Maryland Department of the 
Environment transmitting the removal of Code of Maryland Administrative 
Regulation (COMAR) 10.18.03.08--the State ambient air quality standard 
for hydrocarbons.
    (B) Removal of COMAR 10.18.03.08, effective October 14, 1985.
    (C) Letter of November 26, 2002 from the Maryland Department of the 
Environment transmitting revisions to COMAR 10.18.09.05 regarding the 
removal of provisions granting visible emissions exceptions by control 
officers in Maryland Areas I, II, V, and VI.
    (D) Removal of COMAR 10.18.09.05A(3)(b)(i) and .05A(3)(b)(ii), 
effective December 3, 1984.
    (ii) Additional Material.
    (A) Remainder of the State submittals pertaining to the revisions 
listed in paragraph (c)(180)(i) of this section.
    (B) Letter dated January 9, 2003 from the Maryland Air and Radiation 
Management Administration to the Environmental Protection Agency, Region 
III, clarifying the reasons for removing the provisions of COMAR 
10.18.09.05B(3)(i) and (ii).
    (181) Revisions to the Code of Maryland's Administrative Regulations 
(COMAR) for particulate matter, visible emissions and sulfur compounds 
submitted on November 6, 2002 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of November 6, 2002 from the Maryland Department of the 
Environment transmitting the revision consisting of housekeeping and 
clarification amendments to Regulations .02, .03, and .05 under COMAR 
26.11.06 General Emission Standards, Prohibitions and Restrictions.
    (B) The following amendments to COMAR 26.11.06--General Emission 
Standards, Prohibitions and Restrictions, effective November 11, 2002:
    (1) Addition of COMAR 26.11.06.02A(1)(k).
    (2) Revisions to COMAR 26.11.06.02A(1)(j), .02A(2), .02C(1), .03C

[[Page 100]]

(introductory paragraph), .03C(1), and .05A.
    (3) Removal of COMAR 26.11.06.02C(3).
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(181)(i) of this 
section.
    (182) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) under COMAR 26.11.02, Permits, Approvals, and Registration that 
were adopted from 1995 thorough 1999 and related amendments under COMAR 
26.11.06, General Emission Standards, Prohibitions, and Restrictions, 
and COMAR 26.11.19, Volatile Organic Compounds from Specific Processes 
on November 1, 2001 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of November 1, 2002 from the Maryland Department of the 
Environment (MDE) transmitting revisions to COMAR 26.11.02, 26.11.06 and 
26.11.19.
    (B) The following new provisions of COMAR 26.11.02 (Permits, 
Approvals and Registration), effective May 8, 1995, replacing COMAR 
26.11.02.01 through 26.11.02.16, as amended effective through April 26, 
1993:
    (1) COMAR 26.11.02.01A; 26.11.02.01B(2), (3), (7) through (9), (11) 
through (14), (17) through (21), (23) through (28), (34) through (36), 
(38), (40), (41), (43) through (45), (47), (48), (51) through (53), and 
(55); and 26.11.02.01C.
    (2) COMAR 26.11.02.02 (except .02D), .03, .04 (except .04C(2)), .05 
through .10, .11 (except .11C), and .12 through 14.
    (C) Revision to COMAR 26.11.06.06E(4)(g), effective May 8, 1995.
    (D) Revision to COMAR 26.11.19.02G(3)(b), effective May 8, 1995.
    (E) Revisions to COMAR 26.11.02.01B(13), .06B (introductory 
paragraph) and .06B(5), .10O(2), .10Q(7), .10U, .10V, .11A(1), .12A(1) 
and (2), .14A(1); addition of 26.11.02.10O(13) and (14), .10W, 
.11A(2)and .12A(3); removal of 26.11.02.14A(2)--existing .14A(3) is 
renumbered as .14A(2), effective June 16, 1997.
    (F) Revision to COMAR 26.11.02.10E, effective September 22, 1997.
    (G) Revision to COMAR 26.11.02.09C, effective May 4, 1998.
    (H) Revisions to COMAR 26.11.02.10C, .10V and .10W; addition of 
COMAR 26.11.02.10X, effective March 22, 1999.
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(182)(i) of this 
section.
    (183) Revisions to the Maryland Regulations pertaining to Control of 
Fuel Burning Equipment, Stationary Internal Combustion Engines, and 
Certain Fuel Burning Installations, submitted on November 6, 2002 by the 
Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter dated November 6, 2002 from the Maryland Department of 
the Environment transmitting revisions to the Maryland State 
Implementation Plan pertaining to amendments to COMAR 26.11.09.
    (B) Revisions to COMAR 26.11.09, Control of Fuel-Burning Equipment, 
Stationary Internal Combustion Engines, and Certain Fuel-Burning 
Installations, effective November 11, 2002.
    (1) Addition of COMAR 26.11.09.01B(3-1)--definition of ``gas''. 
Existing paragraph .01B(3-1) is renumbered as .01B(3-2).
    (2) Revisions to COMAR 26.11.09.05A(3), .05B(2), and .05B(3).
    (3) Revisions to COMAR 26.11.09.06A(1), .06A(2), and .06B(4); 
addition of .06A(3)(c).
    (4) Revision to COMAR 26.11.09.08D (introductory paragraph) and 
.08D(1)(a).
    (5) Revision to COMAR 26.11.09.09 by removing existing Table 1 and 
adding both a new Table 1 and footnotes (a), (b), and (c).
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(183)(i) of this 
section.
    (184) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) for the Control of VOC Emissions from Portable Fuel Containers 
submitted on March 8, 2002 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of March 8, 2002 from the Maryland Department of the 
Environment transmitting an addition to Maryland's State Implementation 
Plan pertaining to the control of volatile organic compounds (VOC) 
emissions from portable fuel containers.

[[Page 101]]

    (B) Addition of new regulation .07 under COMAR 26.11.13--Control of 
VOC Emissions from Portable Fuel Containers, adopted by the Secretary of 
the Environment on December 21, 2001, and effective on January 21, 2002.
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(184)(i) of this 
section.
    (185) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) on the Control of VOC Emissions from Consumer Products submitted 
on November 19, 2003 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) A letter dated November 19, 2003 from the Maryland Department of 
the Environment transmitting additions to Maryland's State 
Implementation Plan pertaining to the control of volatile organic 
compounds (VOC) emissions from consumer products.
    (B) Addition of new COMAR 26.11.32--Control of Emissions of VOC from 
Consumer Products:
    (1) Addition of COMAR 26.11.32.01 through COMAR 26.11.32.23 adopted 
by the Secretary of the Environment on July 25, 2003 and effective on 
August 18, 2003.
    (2) Addition of new COMAR 26.11.32.01F--Retail Sales, adopted by the 
Secretary of the Environment on October 22, 2003 and effective on 
November 24, 2003.
    (ii) Additional Material. Remainder of the State submittals 
pertaining to the revisions listed in paragraph (c)(185)(i) of this 
section.
    (186) Revisions to the Maryland State Implementation Plan submitted 
on April 24, 2003, July 7, 2003, and December 1, 2003 by the Maryland 
Department of the Environment pertaining to the Policies and Procedures 
Relating to Maryland's NOX Reduction and Trading Program, and 
the Nitrogen Oxides Reduction and Trading Program.
    (i) Incorporation by reference.
    (A) Letter of April 24, 2003 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to COMAR 
26.11.30 Nitrogen Oxides Reduction and Trading Program, effective April 
28, 2003.
    (1) Revisions to COMAR 26.11.30.09A.
    (2) Deletion of existing COMAR 26.11.30.09B.
    (3) Addition of new COMAR 26.11.30.09B, allocations for control 
periods 2003 through 2007.
    (B) Letter of July 7, 2003 from the Maryland Department of the 
Environment transmitting an administrative correction to COMAR 
26.11.30.09 amending Mirant Dickerson's Unit 3 allocation from 
410 to 404 tons of NOX.
    (C) Letter of December 1, 2003 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to COMAR 
26.11.29 NOX Reduction and Trading Program, effective 
November 24, 2003.
    (1) Revisions to COMAR 26.11.29.09 (title), .09A (introductory 
sentence), and .09A(1).
    (2) Addition of COMAR 26.11.29.09A(2) and .09A(3).
    (3) Revisions to COMAR 26.11.29.09B (introductory sentence), .09B(1) 
and .09B(2), establishing the set aside pool at 5 percent of the total 
trading budget.
    (4) Deletion of COMAR 26.11.29.09E and 09F.
    (5) COMAR 26.11.29.09G is renumbered as 26.11.29.09E.
    (ii) Additional Material.
    (A) Remainder of the State submittals pertaining to the revisions 
listed in paragraph (c)(186)(i) of this section.
    (B) [Reserved]
    (187) The Ozone Redesignation and Maintenance Plan for Kent and 
Queen Anne's Counties nonattainment area submitted on February 4, 2004 
by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) A letter dated February 9, 2004 from the Maryland Department of 
the Environment transmitting Maryland's State Implementation Plan 
pertaining to the redesignation request for the Kent and Queen Anne's 
Counties Ozone Nonattainment Area.
    (B) SIP Revision 03-15, Redesignation Request for Kent and Queen 
Anne's Counties Ozone Nonattainment Area, February 4, 2004.
    (ii) Additional Material--Remainder of the State submittals 
pertaining to the revisions listed in paragraph (c)(187)(i) of this 
section.
    (188)-(189) [Reserved]

[[Page 102]]

    (190) Revisions to the Maryland State Implementation Plan submitted 
on March 31, 2004 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of March 31, 2004 from the Maryland Department of the 
Environment transmitting a Consent Order establishing VOC RACT for 
Kaydon Ring and Seal, Inc.
    (B) Consent Order establishing VOC RACT for Kaydon Ring and Seal, 
Inc. with an effective date of March 5, 2004.
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(190)(i) of this 
section.
    (191) Revision to the Maryland Regulations pertaining to changes to 
control of fuel-burning equipment, stationary internal combustion 
engines and certain fuel-burning installations and to changes to 
requirements for major new sources and modifications submitted on 
December 1, 2003 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of December 1, 2003 from the Maryland Department of the 
Environment transmitting changes to control of fuel-burning equipment, 
stationary internal combustion engines and certain fuel-burning 
installations and to changes to requirements for major new sources and 
modifications in Maryland's air quality regulations, Code of Maryland 
Administrative Regulations (COMAR).
    (B) Revisions to COMAR 26.11.09.08A(1), pertaining to control of 
NOX emissions for major stationary sources adopted by the 
Secretary of the Environment on October 21, 2003, and effective on 
November 24, 2003.
    (1) Revision to COMAR 26.11.09.08A(1)(a).
    (2) Deletion of COMAR 26.11.09.08A(1)(b).
    (3) Renumbering of COMAR 26.11.09.08A(1)(c) to COMAR 
26.11.09.08A(1)(b).
    (C) Revisions to COMAR 26.11.17.01B(13) pertaining to requirements 
for major new sources and modifications adopted by the Secretary of the 
Environment on October 21, 2003, and effective on November 24, 2003.
    (1) Revisions to COMAR 26.11.17.01B(13)(a)(i) and (13)(a)(ii).
    (2) Deletion of COMAR 26.11.17.01B(13)(a)(iii).
    (3) Renumbering of COMAR 26.11.17.01B(13)(a)(iv) to 01B(13)(a)(iii), 
and 26.11.17.01B(13)(a)(v) to 01B(13)(a)(iv).
    (D) Revisions to COMAR 26.11.17.03B pertaining to requirements for 
major new sources and modifications adopted by the Secretary of the 
Environment on October 21, 2003, and effective on November 24, 2003.
    (1) Revision to COMAR 26.11.17.03B(3)(a).
    (2) Deletion of COMAR 26.11.17.03B(3)(b).
    (3) Renumbering of COMAR 26.11.17.03B(3)(c) to 03B(3)(b), and 
03B(3)(d) to 03B(3)(c).
    (ii) Additional Material--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(191)(i) of this 
section.

[37 FR 10870, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1100, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. Sec. 52.1101-52.1109  [Reserved]



Sec. 52.1110  Small business stationary source technical and 
environmental compliance assistance program.

    On November 13, 1992, the Acting Director of the Air and Radiation 
Management Administration, Maryland Department of the Environment 
submitted a plan for the establishment and implementation of a Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program as a state implementation plan (SIP) revision, as 
required by title V of the Clean Air Act Amendments. EPA approved the 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance Program on May 16, 1994, and made it part of the Maryland 
SIP. As with all components of the SIP, Maryland must implement the 
program as submitted and approved by EPA.

[59 FR 25333, May 16, 1994]

[[Page 103]]



Sec. Sec. 52.1111-52.1115  [Reserved]



Sec. 52.1116  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable procedures 
for preventing the significant deterioration of air quality.
    (b) The following provisions of 40 CFR 52.21 are hereby incorporated 
and made a part of the applicable State plan for the State of Maryland.
    (1) Definition of federally enforceable (40 CFR 52.21(b)(17)),
    (2) Exclusions from increment consumption (40 CFR 52.21(f)(1)(v), 
(3), (4)(i)),
    (3) Redesignation of areas (40 CFR 52.21(g) (1), (2), (3), (4), (5), 
and (6)),
    (4) Approval of alternate models (40 CFR 52.21(1)(2)),
    (5) Disputed permits or redesignation (40 CFR 52.21(t), and
    (6) Delegation of Authority (40 CFR 52.21(u)(1), (2)(ii), (3), and 
(4)).

[45 FR 52741, Aug. 7, 1980 and 47 FR 7835, Feb. 23, 1982]



Sec. 52.1117  Control strategy: Sulfur oxides.

    (a) [Reserved]
    (b) The requirements of Sec. 51.112(a) of this chapter are not met 
because the State did not submit an adequate control strategy 
demonstration to show that the Maryland Regulation 10.03.36.04B (1) and 
(2) would not interfere with the attainment and maintenance of the 
national sulfur dioxide standards.

[40 FR 56889, Dec. 5, 1975, as amended at 41 FR 8770, Mar. 1, 1976; 41 
FR 54747, Dec. 15, 1976; 51 FR 40676, Nov. 7, 1986]



Sec. 52.1118  Approval of bubbles in nonattainment areas lacking 
approved demonstrations: State assurances.

    In order to secure approval of a bubble control strategy for the 
American Cyanamid facility in Havre de Grace, Maryland (see paragraph 
52.1070(c)(87)), the Maryland Department of the Environment--Air 
Management Administration provided certain assurances in a letter dated 
September 13, 1988 from George P. Ferreri, Director, to Thomas J. 
Maslany, Director, Air Management Division, EPA Region III. The State of 
Maryland assured EPA it would:
    (a) Include the bubble emission limits for this plant in any new 
State Implementation Plan,
    (b) Consider this plant with its approved bubble limits in reviewing 
sources for needed additional emission reductions, and
    (c) Not be delayed in making reasonable efforts to provide the 
necessary schedules for completing the new ozone attainment plan.

[55 FR 20272, May 16, 1990]



                         Subpart W_Massachusetts



Sec. 52.1119  Identification of plan--conditional approval.

    (a) The following plan revisions were submitted on the dates 
specified.
    (1) On November 13, 1992, the Massachusetts Department of 
Environmental Protection submitted a small business stationary source 
technical and environmental compliance assistance program (PROGRAM). On 
July 22, 1993, Massachusetts submitted a letter clarifying portions of 
the November 13, 1992 submittal. In these submissions, the State commits 
to submit adequate legal authority to establish and implement a 
compliance advisory panel and to have a fully operational PROGRAM by 
November 15, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated November 13, 1992 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) State Implementation Plan Revision for a Small Business 
Technical and Environmental Compliance Assistance Program dated November 
13, 1992.
    (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) [Reserved]

[59 FR 41708, Aug. 15, 1994, as amended at 61 FR 43976, Aug. 27, 1996; 
65 FR 19326, Apr. 11, 2000]

[[Page 104]]



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 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.

[[Page 105]]

    (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.
    (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

[[Page 106]]

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 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.

[[Page 107]]

    (40) Regulations 310 CMR (14), (15), and (16), for paper, fabric, 
and vinyl surface coaters to meet the requirements of Part D for ozone 
were submitted by the Governor of Massachusetts on March 6, 1981.
    (41) A revision to Regulation 7.05(1)(c) ``Sulfur Content of Fuels 
Control Thereof for the Merrimack Valley Air Pollution Control 
District'' allowing the burning of higher sulfur content fuel oil at 
Haverhill Paperboard Corporation, Haverhill.
    (42) Regulation 310 CMR 7.18(2)(b), to allow existing surface 
coating lines regulated under 310 CMR 7.18 (4), (5), (6), (7), (10), 
(11), (12), (14), (15) and (16) to bubble emissions to meet the 
requirements of Part D for ozone was submitted by the Governor on March 
6, 1981, and a letter clarifying state procedures was submitted on 
November 12, 1981. The emission limitations required by the federally-
approved portion of 310 CMR 7.18 are the applicable requirements of the 
Massachusetts SIP for the purpose of section 113 of the Clean Air Act 
and shall be enforceable by EPA and by citizens in the same manner as 
other requirements of the SIP; except that emission limitations adopted 
by the state under and which comply with 310 CMR 7.18(2)(b) and the 
procedures set out in the letter of November 12, 1981 shall be the 
applicable requirements of the Massachusetts SIP in lieu of those 
contained elsewhere in 310 CMR 7.18 and shall be enforceable by EPA and 
by citizens.
    (43) A revision to Regulation 7.05(1)(d) ``Sulfur Content of Fuels 
and Control Thereof for the Metropolitan Boston Air Pollution Control 
District'' allowing the burning of higher sulfur content fuel oil at 
Eastman Gelatine Corporation, Peabody, submitted on September 24, 1981 
by the Commissioner of the Massachusetts Department of Environmental 
Quality Engineering.
    (44) The Massachusetts Department of Environmental Quality 
Engineering submitted an updated VOC emissions inventory on September 3, 
1981, and the procedures to annually update this inventory on November 
4, 1981.
    (45) A revision to Regulation 7.05(1)(e) ``Sulfur Content of Fuels 
and Control Thereof for the Pioneer Valley Air Pollution Control 
District'' allowing the burning of higher sulfur content fuel oil at the 
Holyoke Gas and Electric Department, Holyoke.
    (46) A revision submitted on December 29, 1981 by the Commissioner 
of the Massachusetts Department of Environmental Quality Engineering 
allowing the burning of higher sulfur content fuel oil at the ATF 
Davidson Company, Northbridge, until December 1, 1983.
    (47) Regulation 310 CMR 7.18(10) for metal coil coating was 
submitted on June 24, 1980 by the Commissioner of the Department of 
Environmental Quality Engineering, in order to meet Part D requirements 
for ozone.
    (48) Regulations 310 CMR 7.18(11), Surface Coating of Miscellaneous 
Metal Parts and Products and (12), Graphic Arts--Rotogravure and 
Flexography with test methods; and (13) Perchloroethylene Dry Cleaning 
Systems without test methods, were submitted on July 21, 1981 and March 
10, 1982 by the Department of Environmental Quality Engineering to meet 
Part D requirements for ozone attainment.
    (49) A revision to Regulation 7.17 ``Conversions to Coal'' submitted 
by the Commissioner of the Massachusetts Department of Environmental 
Quality Engineering on January 22, 1982 specifying the conditions under 
which coal may be burned at the Holyoke Water Power Company, Mount Tom 
Plant, Holyoke, Massachusetts.
    (50) [Reserved]
    (51) A revision submitted on September 29, 1982 by the Commissioner 
of the Massachusetts Department of Environmental Quality Engineering 
allowing the burning of fuel oil having a sulfur content of 0.55 pounds 
per million Btu heat release potential at the Northeast Petroleum 
Corporation, Chelsea, Massachusetts.
    (52) A revision submitted on September 28, 1982 by the Commissioner 
of the 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

[[Page 108]]

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 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.

[[Page 109]]

    (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.
    (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

[[Page 110]]

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.
    (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.

[[Page 111]]

    (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 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.

[[Page 112]]

    (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.
    (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

[[Page 113]]

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 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

[[Page 114]]

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 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.

[[Page 115]]

    (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.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (99) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental

[[Page 116]]

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 Finishing of New Bedford, Massachusetts.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.

[[Page 117]]

    (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) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on March 29, 1995.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated March 29, 1995 submitting a

[[Page 118]]

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 January 27, 
1995: 310 Code of Massachusetts Regulations Section 7.18(29), Bakeries.
    (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.

[[Page 119]]

    (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 (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) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on October 17, 1997 
and July 30, 1996.
    (i) Incorporation by reference.
    (A) 310 CMR 7.24(8) ``Marine Volatile Organic Liquid Transfer'' 
effective in the Commonwealth of Massachusetts on October 5, 1997.
    (B) Definition of ``volatile organic compound'' in 310 CMR 7.00 
``Definitions'' effective in the Commonwealth of Massachusetts on June 
28, 1996.
    (C) Definition of ``waterproofing sealer'' in 310 CMR 7.25 ``Best 
Available Controls for Consumer and Commercial Products'' effective in 
the Commonwealth of Massachusetts on June 28, 1996.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (116) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on August 9, 2000, 
September 11, 2000 and July 25, 1995.
    (i) Incorporation by reference.
    (A) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective 
in the Commonwealth of Massachusetts on September 29, 2000.
    (B) 310 CMR 7.00 definitions of the following terms associated with 
310 CMR 7.24(6) and effective in the Commonwealth of Massachusetts on 
September 29, 2000: ``commence operation''; ``emergency situation''; 
``executive order''; ``Stage II system''; ``substantial modification''; 
``vacuum assist system''; and ``vapor balance system.''
    (C) 310 CMR 7.00 definitions of the following terms associated with 
310 CMR 7.24(6) and effective in the Commonwealth of Massachusetts on 
June 30, 1995: ``emergency motor vehicle;'' and ``tank truck.''
    (ii) Additional materials.

[[Page 120]]

    (A) Nonregulatory portions of the submittal.
    (117) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on February 17, 
1993.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated February 17, 1993 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Regulations 310 CMR 7.00, Definitions; 310 CMR 7.03(13), Paint 
spray booths; 310 CMR 7.18(2), Compliance with emission limitations; 310 
CMR 7.18(7), Automobile surface coating; 310 CMR 7.18(8), Solvent Metal 
Degreasing; 310 CMR 7.18(11), Surface coating of miscellaneous metal 
parts and products; 310 CMR 7.18(12), Graphic arts; 310 CMR 7.18(17), 
Reasonable available control technology (as it applies to the 
Springfield ozone nonattainment area only); 310 CMR 7.18(20), Emission 
control plans for implementation of reasonably available control 
technology; 310 CMR 7.18(21), Surface coating of plastic parts; 310 CMR 
7.18(22), Leather surface coating; 310 CMR 7.18(23), Wood products 
surface coating; 310 CMR 7.18(24), Flat wood paneling surface coating; 
310 CMR 7.18(25), Offset lithographic printing; 310 CMR 7.18(26), 
Textile finishing; 310 CMR 7.18(27), Coating mixing tanks; and 310 CMR 
7.24(3), Distribution of motor vehicle fuel all effective on February 
12, 1993.
    (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.
    (119) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 15, 1994, 
October 4, 1996, December 2, 1996, January 11, 1999, and April 16, 1999.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated July 15, 1994, October 4, 1996, December 2, 1996, 
January 11, 1999, and April 16, 1999 submitting revisions to the 
Massachusetts State Implementation Plan.
    (B) Regulation, 310 CMR 7.19, ``Reasonably Available Control 
Technology (RACT) for Sources of Oxides of Nitrogen (NOX)'' 
as adopted by the Commonwealth of Massachusetts on June 29, 1994 and 
effective on July 1, 1994.
    (C) Emission Control Plan for Specialty Minerals, Incorporated, in 
Adams, issued by Massachusetts and effective on June 16, 1995.
    (D) Emission Control Plan for Monsanto Company's Indian Orchard 
facility in Springfield, issued by Massachusetts and effective on 
October 28, 1996.
    (E) Emission Control Plan for Turners Falls Limited Partnership/
Indeck Energy Services Turners Falls, Inc., in Montague, issued by 
Massachusetts and effective on March 10, 1998.
    (F) Emission Control Plan for Medusa Minerals Company in Lee, issued 
by Massachusetts and effective on April 17, 1998.
    (G) Regulation 310 CMR 7.08(2), ``Municipal Waste Combustors, 
adopted on July 24, 1998 and effective on August 21, 1998, excluding the 
following sections which were not submitted as part of the SIP revision: 
(a); the definition of ``Material Separation Plan'' in (c); (d)1; (d)2; 
(d)3; (d)4; (d)5; (d)6; (d)8; (f)1; (f)2; (f)5; (f)6; (f)7; (g)1; (g)2; 
(g)3; (g)4; (h)2.a; (h)2.b; (h)2.d; (h)2.e; (h)2.g; (h)2.h; (h)4; 
(h)5.a; (h)5.c; (h)5.d; (h)9; (h)10; (h)13; (i)1.b; (i)1.g; (i)2.c; 
(i)2.d; (i)2.e; and (k)3.
    (H) Amendments to regulation 310 CMR 7.19, ``Reasonably Available 
Control Technology (RACT) for Sources of Oxides of Nitrogen 
(NOX)'' as adopted by the Commonwealth of Massachusetts on 
January 5, 1999 and effective on January 22, 1999.
    (120) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 25, 1990.
    (i) Incorporation by reference.

[[Page 121]]

    (A) 310 CMR 6.04, 7.00, and 8.02 and 8.03 (August 17, 1990).
    (121) 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) 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) Nonregulatory portions of the submittal.
    (122) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on May 14, 1999, 
February 1, 2000 and March 15, 2000.
    (i) Incorporation by reference.
    (A) Regulation 310 CMR 60.02 entitled ``Regulations for the Enhanced 
Motor Vehicle Inspection and Maintenance Program'' which became 
effective on October 1, 1999, and a September 17, 1999, Notice of 
Correction submitted by the Secretary of State indicating the effective 
date of the regulations.
    (B) Sections 4.01, 4.02, 4.03, 4.04(1), (2), (3), (5), (15) 4.05(1), 
(2), (12)(d), (12)(e), (12)(o) 4.07, 4.08, and 4.09 of Regulation 540 
CMR 4.00 entitled ``Periodic Annual Staggered Safety and Combined Safety 
and Emissions Inspection of All Motor Vehicles, Trailers, Semi-trailers 
and Converter Dollies' which became effective on May 28, 1999.''
    (ii) Additional materials.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated May 14, 1999, February 1, 2000, and March 15, 2000, 
submitting a revision to the Massachusetts State Implementation Plan.
    (B) Test Procedures and Equipment Specifications submitted on 
February 1, 2000.
    (C) Acceptance Test Protocol submitted on March 15, 2000.
    (123) [Reserved]
    (124) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 19, 
1999.
    (i) Incorporation by reference.
    (A) Amendments revising regulatory language in 310 CMR 7.19(13)(b), 
Continuous Emission Monitoring Systems, which became effective on 
December 10, 1999.
    (B) Amendments to 310 CMR 7.27, NOX Allowance Program, 
adding paragraphs 7.27(6)(m), 7.27(9)(b), 7.27(11)(o), 7.27(11)(p) and 
7.27(15)(e), which became effective December 10, 1999.
    (C) Regulations 310 CMR 7.28, NOX Allowance Trading 
Program, which became effective on December 10, 1999.
    (ii) Additional materials.
    (A) Letter from the Commonwealth of Massachusetts, Executive Office 
of Environmental Affairs, Department of Environmental Protection dated 
November 19, 1999, submitting amendment to SIP.
    (B) Background Document and Technical Support for Public Hearings on 
the Proposed Revisions to the State Implementation Plan for Ozone, July, 
1999.
    (C) Supplemental Background Document and Technical Support for 
Public Hearings on Modifications to the July 1999 Proposal to Revise the 
State Implementation Plan for Ozone, September, 1999.
    (D) Table of Unit Allocations.
    (E) Letter from the Commonwealth of Massachusetts, Executive Office 
of Environmental Affairs, Department of Environmental Protection dated 
April 10, 2002.
    (F) The SIP narrative ``Technical Support Document for Public 
Hearings on Revisions to the State Implementation Plan for Ozone for 
Massachusetts, Amendments to Statewide Projected Inventory for Nitrogen 
Oxides,'' dated March 2002.
    (125)-(126) [Reserved]
    (127) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 15, 1994 
and April 14, 1995.
    (i) Incorporation by reference.
    (A) Massachusetts Amendments to 310 CMR 7.00 Appendix A entitled, 
``Emission Offsets and Nonattainment Review,'' effective July 1, 1994.

[[Page 122]]

    (B) Massachusetts Amendments to 310 CMR 7.00 Appendix A entitled, 
``Emission Offsets and Nonattainment Review'' paragraph (3)(g) effective 
July 1, 1994.
    (ii) Additional materials.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated July 15, 1994 and March 29, 1995 submitting revisions 
to the Massachusetts State Implementation Plan.
    (128) [Reserved]
    (129) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on February 17, 
1993, April 16, 1999, and October 7, 1999.
    (i) Incorporation by reference.
    (A) 310 CMR 7.18(17) ``Reasonable Available Control Technology,'' as 
it applies to the eastern Massachusetts ozone nonattainment area, 
effective in the Commonwealth of Massachusetts on February 12, 1993.
    (B) Plan Approval issued by the Massachusetts Department of 
Environmental Protection to the Gillette Company Andover Manufacturing 
Plant on June 17, 1999.
    (C) Plan Approval issued by the Massachusetts Department of 
Environmental Protection to Norton Company on August 5, 1999 and letter 
from the Massachusetts Department of Environmental Protection, dated 
October 7, 1999, identifying the effective date of this plan approval.
    (D) Plan Approval issued by the Massachusetts Department of 
Environmental Protection to Rex Finishing Incorporated on May 10, 1991 
and letter from the Massachusetts Department of Environmental 
Protection, dated April 16, 1999, identifying the effective date of this 
plan approval.
    (E) Plan Approval issued by the Massachusetts Department of 
Environmental Protection to Barnet Corporation on May 14, 1991.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection, dated April 16, 1999, submitting negative declarations for 
certain VOC source categories.
    (B) Letter from the Massachusetts Department of Environmental 
Protection, dated July 24, 2002, discussing wood furniture manufacturing 
and aerospace coating requirements in Massachusetts.
    (C) 310 CMR 7.02 BACT plan approvals issued by the Massachusetts 
Department of Environmental Protection to Solutia, Saloom Furniture, 
Eureka Manufacturing, Moduform, Polaroid, and Globe.
    (130) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on December 8, 2000 
and December 26, 2000.
    (i) Incorporation by reference.
    (A) Massachusetts State Regulation 310 CMR 7.30 ``Massport/Logan 
Airport Parking Freeze,'' effective in the Commonwealth of Massachusetts 
on December 22, 2000.
    (B) Massachusetts State Regulation 310 CMR 7.31 ``City of Boston/
East Boston Parking Freeze,'' effective in the Commonwealth of 
Massachusetts on December 22, 2000.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated December 8, 2000 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Letter from the Massachusetts Department of Environmental 
Protection dated December 26, 2000 submitting the final state certified 
copies of State regulations 310 CMR 7.30 ``Massport/Logan Airport 
Parking Freeze'' and 310 CMR 7.31 ``City of Boston/East Boston Parking 
Freeze.''
    (131) [Reserved]
    (132) Revisions to the State Implementation Plan regarding the Low 
Emission Vehicle Program submitted by the Massachusetts Department of 
Environmental Protection on August 9 and August 26, 2002.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated August 9, 2002, in which it submitted the Low Emission 
Vehicle Program adopted on December 24, 1999.
    (B) Letter from the Massachusetts Department of Environmental 
Protection dated August 26, 2002 which clarified the August 9, 2002 
submittal to exclude certain sections of the Low Emission Vehicle 
Program from consideration.

[[Page 123]]

    (C) December 24, 1999 version of 310 CMR 7.40, the ``Low Emission 
Vehicle Program'' except for 310 CMR 7.40(2)(a)5, 310 CMR 7.40(2)(a)6, 
310 CMR 7.40(2)(c)3, 310 CMR 7.40(10), and 310 CMR 7.40(12).
    (133) [Reserved]
    (134) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 12, 2006.
    (i) Incorporation by reference.
    (A) Massachusetts Regulation 310 CMR 7.38, entitled ``Certification 
of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution 
Control District,'' effective in the Commonwealth of Massachusetts on 
December 30, 2005.
    (B) Massachusetts Regulation Filing, dated December 13, 2005, 
amending 310 CMR 7.38 entitled ``Certification of Tunnel Ventilation 
Systems in the Metropolitan Boston Air Pollution Control District.''
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated July 12, 2006, submitting a revision to the 
Massachusetts State Implementation Plan.
    (135) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on March 30, 2007.
    (i) Incorporation by reference.
    (A) 310 CMR 7.32 entitled ``Massachusetts Clean Air Interstate Rule 
(Mass CAIR),'' effective in the Commonwealth of Massachusetts on May 4, 
2007.
    (B) Amendments to 310 CMR 7.28 entitled ``NOX Allowance 
Trading Program,'' effective in the Commonwealth of Massachusetts on May 
4, 2007.
    (C) Massachusetts Regulation Filing, dated April 19, 2007, amending 
310 CMR 7.28 entitled ``NOX Allowance Trading Program,'' and 
adopting 310 CMR 7.32 entitled ``Massachusetts Clean Air Interstate Rule 
(Mass CAIR).''
    (136) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on December 13, 
2006 and June 1, 2007.

    (i) Incorporation by reference.
    (A) Massachusetts Regulation 310 CMR 7.00 entitled ``Definitions,'' 
adding the definition for the term ``Boston Metropolitan Planning 
Organization,'' effective in the Commonwealth of Massachusetts on 
December 1, 2006.
    (B) Massachusetts Regulation 310 CMR 7.36 entitled ``Transit System 
Improvements,'' effective in the Commonwealth of Massachusetts on 
December 1, 2006.
    (C) Massachusetts Regulation Filing, dated November 16, 2006, 
substantiating December 1, 2006, State effective date for amended 310 
CMR 7.00 entitled ``Definition,'' (addition of term ``Boston 
Metropolitan Planning Organization,'' which appears on the replaced page 
173 of the State's Code of Massachusetts Regulations,) and 310 CMR 7.36 
entitled ``Transit System Improvements.''

    (ii) Additional Materials.

    (A) Letter from the Massachusetts Department of Environmental 
Protection dated December 13, 2006 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Letter from the Massachusetts Department of Environmental 
Protection dated June 1, 2007 submitting a revision to the Massachusetts 
State Implementation Plan.
    (C) Letter from the Massachusetts Executive Office of Transportation 
dated September 4, 2007 identifying its commitment to the Green Line 
extension and to make every effort to accelerate the planning, design 
and environmental review and permitting of the project in order to work 
towards the 2014 completion date.
    (D) Letter from the Chair of the Boston Region Metropolitan Planning 
Organization dated May 1, 2008 concurring in the finding that the 
transit system improvements projects will achieve emission benefits 
equivalent to or greater than the benefits from the original transit 
system improvements projects being replaced.
    (E) Letter from EPA New England Regional Administrator dated July 5, 
2008 concurring in the finding that the transit system improvements 
projects will achieve emission benefits equivalent to or greater than 
the benefits from the original transit system improvements projects 
being replaced.

[37 FR 10871, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1120, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1121  Classification of regions.

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

[[Page 124]]



----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Metropolitan Boston Intrastate............................           I          I       III         I          I
Merrimack Valley-Southern New Hampshire Interstate........           I          I       III       III        III
Metropolitan Providence Interstate........................           I          I       III       III        III
Central Massachusetts Intrastate..........................           I         II       III       III        III
Hartford-New Haven-Springfield Interstate.................           I          I       III         I          I
Berkshire Intrastate......................................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10872, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 
FR 61303, Sept. 16, 1980]



Sec. 52.1122  [Reserved]



Sec. 52.1123  Approval status.

    (a) With the exceptions set forth in this subpart the Administrator 
approves the Massachusetts plan as identified in Sec. 52.1120 for 
attainment and maintenance of the national standards under section 110 
of the Clean Air Act. Furthermore, the Administrator finds that the plan 
identified in Sec. 52.1120 satisfies all requirements of Part D, Title 
I of the Clean Air Act as amended in 1977, except as noted below. In 
addition, continued satisfaction of the requirements of Part D of the 
ozone portion of the SIP depends on the adoption and submittal of RACT 
requirements by July 1, 1980 for the sources covered by CTGs issued 
between January 1978 and January 1979 and adoption and submittal by each 
subsequent January of additional RACT requirements for sourceovered by 
CTGs issued by the previous January.
    (b) The above requirements for continued satisfaction of Part D are 
fulfilled by Massachusetts Regulation 310 CMR 7.18(17) and a narrative 
commitment to review CTG IIIs issued in the future. Both were submitted 
on September 9, 1982. Additionally, each individual RACT determination 
made under 310 CMR 7.18(17) will be submitted as a SIP revision to 
incorporate the limitation into the SIP, and DEQE will propose 
regulations for CTG III category controls if the controls are 
appropriate for the State.

[45 FR 61303, Sept. 16, 1980, as amended at 48 FR 51485, Nov. 9, 1983]



Sec. 52.1124  Review of new sources and modifications.

    (a) Revisions to Regulation 310 CMR 7.02(2)(d) submitted on March 
30, 1979 are disapproved because they do not satisfy the requirements of 
Sec. 51.161.

[39 FR 7281, Feb. 25, 1974, as amended at 40 FR 47495, Oct. 9, 1975; 45 
FR 2043, Jan. 10, 1980; 51 FR 40677, Nov. 7, 1986; 60 FR 33923, June 29, 
1995]



Sec. 52.1125  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]

[[Page 125]]



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.
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).

[[Page 126]]

                       Central Massachusetts APCD

Borden, Inc., Chemical Division, Leominster (conditioned upon first 
completing construction of new stack and certification of completion to 
the EPA by the Massachusetts Department of Environmental Quality 
Engineering.).
Gardner State Hospital, Gardner.
Grafton State Hospital, Grafton.
Haywood-Shuster Woolen, E. Douglas.
Cranston Prints Works, Webster.
Baldwinville products, Templeton--(conditioned upon first completing 
construction of new stack, and certification of completion to the EPA by 
the Massachusetts Department of Environmental Quality Engineering.).

    (d) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 
5.1) for the Southeastern Massachusetts Air Pollution Control District, 
which allows a relaxation of sulfur in fuel limitations under certain 
conditions is approved for the following sources. All other sources 
remain subject to the previously approved requirements of Regulation 
7.05(1) which stipulate that sources are required to burn residual fuel 
oil having a sulfur content not in 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.

[[Page 127]]

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, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



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.

------------------------------------------------------------------------
                                               Pollutant
                              ------------------------------------------
  Air quality control region           SO 2
                              ----------------------  PM    NO   CO  O 3
                                Primary   Secondary   10    2
------------------------------------------------------------------------
AQCR 42: Hartford-New Haven-   (a)       (b)         (a)   (a)  (a)  (c)
 Springfield Interstate Area
 (See 40 CFR 81.26).
AQCR 117: Berkshire Intrastat  (a)       (b)         (a)   (a)  (a)  (c)
 Area (See 40 CFR 81.141).
AQCR 118: Central Mass         (a)       (b)         (a)   (a)  (a)  (d)
 Intrastate Area (See 4r0 CFR
 81.142).
AQCR 119: Metropolitan Boston  (a)       (b)         (a)   (a)  (a)  (d)
 Intrastate Area (See 40 CFR
 81.19).
AQCR 120: Metropolitan         (a)       (b)         (a)   (a)  (a)  (d)
 Providence Interstate Area
 (See 40 CFR 81.31).
AQCR 121: Merrimack Valley-    (a)       (b)         (a)   (a)  (a)  (d)
 Southern NH Interstate Area
 (See 40 CFR 81.81).
------------------------------------------------------------------------
a. Air quality presently below primary standards or area is
  unclassifiabale.
b. Air quality levels presently secondary standatrds or area is
  unclassifiable.
c. December 31, 2003.
d. November 15, 2007.


[45 FR 61303, Sept. 16, 1980 as amended at 46 FR 33524, June 30, 1981; 
66 FR 693, Jan. 3, 2001; 67 FR 7278, Feb. 19, 2002; 67 FR 72579, Dec. 6, 
2002]



Sec. 52.1128  Transportation and land use controls.

    (a) For purposes of this subpart, the definitions herein are 
applicable.
    (b) Definitions:
    (1) Register as applied to a motor vehicle, means the licensing of 
such motor vehicle for general operation on public roads or highways by 
the appropriate agency of the Federal Government or by the Commonwealth.
    (2) Boston Intrastate Region means the Metropolitan Boston 
Intrastate Air Quality Control Region, as defined in Sec. 81.19 of this 
part.
    (3) [Reserved]
    (4) Freeze area means that portion of the Boston Intrastate Region 
enclosed within the following boundaries:
    The City of Cambridge; that portion of the City of Boston from the 
Charles River and the Boston Inner Harbor on 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,

[[Page 128]]

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]



Sec. 52.1129  Control strategy: Ozone.

    (a) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on April 1, 1999, 
and supplemented on June 25, 1999 and September 9, 1999. The revisions 
are for the purpose of satisfying the rate of progress requirements of 
sections 182(b)(1) and 182(c)(2)(B) of the Clean Air Act for the 
Springfield, Massachusetts serious ozone nonattainment area.
    (b) Approval--Revisions to the State Implementation Plan submitted 
by the Massachusetts Department of Environmental Protection on July 27, 
1998, October 1, 1998 and August 13, 1999. The revisions are for the 
purpose of satisfying the attainment demonstration requirements of 
section 182(c)(2)(A) of the Clean Air Act, for the Springfield (Western 
Massachusetts) serious ozone nonattainment area. The revision 
establishes an attainment date of December 31, 2003 for the Springfield, 
Massachusetts serious ozone nonattainment area. This revision 
establishes motor vehicle emissions budgets for 2003 of 23.77 tons per 
day of volatile organic compounds (VOC) and 49.11 tons per day of 
nitrogen oxides ( NOX) to be used in transportation 
conformity in the Springfield, Massachusetts serious ozone nonattainment 
area.
    (c) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on April 10, 2002 
and amended on July 26, 2002. The revisions are for the purpose of 
satisfying the rate of progress requirements of sections 182(b)(1) and 
182(c)(2)(B) of the Clean Air Act for the Massachusetts portion of the 
Boston-Lawrence-Worcester serious ozone nonattainment area.
    (d) Approval--Revisions to the State Implementation Plan submitted 
by the Massachusetts Department of Environmental protection on July 27, 
1998, and September 6, 2002. The revisions are for the purpose of 
satisfying the one-hour ozone attainment demonstration requirements of 
section 182(c)92)(A) pof the Clean Air Act, for the Boston-Lawrence-
Worcester, MA-NH serious ozone nonattiainment area. The revision 
establishes a one-hour attainment date of November 15, 2007l, for the 
Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area. This 
revision establishes motor vehicle emissions budgets for 2007 of 86.7 
tons per day of volatile organic compounds and 226.363 tons per day of 
nitrogen oxides to be used in transportation conformity in the 
Massachusets portion of the Boston-Lawrence-Worcester, MA-NH serious 
ozone nonattainment area.

[65 FR 68898, Nov. 15, 2000, as amended at 66 FR 693, Jan. 3, 2001; 67 
FR 55125, Aug. 28, 2002; 67 FR 72579, Dec. 6, 2002]



Sec. 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

[[Page 129]]

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.
    (b) Approval--On December 12, 1994, the Massachusetts Department of 
Environmental Protection submitted a request to redesignate the Boston 
Area carbon monoxide nonattainment area to attainment for carbon 
monoxide. As part of the redesignation request, the State submitted a 
maintenance plan as required by 175A of the Clean Air Act, as amended in 
1990. Elements of the section 175A maintenance plan include a base year 
(1993 attainment year) emission inventory for carbon monoxide, a 
demonstration of maintenance of the carbon monoxide NAAQS with projected 
emission inventories to the year 2010 for carbon monoxide, a plan to 
verify continued attainment, a contingency plan, and an obligation to 
submit a subsequent maintenance plan revision in 8 years as required by 
the Clean Air Act. If the area records a violation of the carbon 
monoxide NAAQS (which must be confirmed by the State), Massachusetts 
will implement one or more appropriate contingency measure(s) which are 
contained in the contingency plan. The menu of contingency measures 
includes an enhanced 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.
    (c) Approval--On May 25, 2001, the Massachusetts Department of 
Environmental Protection submitted a revision to the carbon monoxide 
State Implementation Plan for the 1996 base year emission inventory. The 
inventory was submitted by the State of Massachusetts to satisfy Federal 
requirements under section 172(c) of the Clean Air Act as amended in 
1990, as a revision to the carbon monoxide State Implementation Plan.
    (d) Approval--On May 25, 2001, the Massachusetts Department of 
Environmental Protection (MADEP) submitted a request to redesignate the 
cities of Lowell, Springfield, Waltham, and Worcester from 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 1996 emission inventory for carbon monoxide, 
a demonstration of maintenance of the carbon monoxide NAAQS with 
projected emission inventories to the year 2012 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 an area records an exceedance or 
violation of the carbon monoxide NAAQS (which must be confirmed by the 
MADEP), Massachusetts will implement one or more appropriate contingency 
measure(s) which are contained in the contingency plan. 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.

[61 FR 2923, Jan. 30, 1996, as amended at 67 FR 7278, Feb. 19, 2002]



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

[[Page 130]]

over parking on such streets, highways, or roadways, shall adopt all 
necessary administrative and enforcement procedures and regulations to 
effect a prohibition of on-street parking within Boston proper between 
the hours of 7 a.m. and 9:30 a.m., and within the City of Cambridge 
between the hours of 7 a.m. and 10 a.m., except Saturdays, Sundays and 
legal holidays. The regulations shall state that violation of the 
prohibition shall be punishable by a fine of not less than $15. The City 
of Boston shall at a minimum eliminate 50 percent of on-street parking 
during the hours specified by January 1, 1976; 66\2/3\ percent by 
September 1, 1976; and 100 percent by March 1, 1977. The City of 
Cambridge shall at a minimum eliminate 33\1/3\ percent of on-street 
parking during the hours specified by September 30, 1974; 66\2/3\ 
percent by July 1, 1975; and 100 percent by March 1, 1977. Any other 
affected entity shall at a minimum eliminate 33\1/3\ percent of such 
parking during the hours of 7 a.m. to 10 a.m. by January 1, 1976; 66\2/
3\ percent by September 1, 1976, and 100 percent by March 1, 1977.
    (c) The following classes of vehicles shall be exempt from the 
requirements of this section, provided that on-street parking by such 
vehicles is in compliance with local and state regulations:
    (1) Vehicles owned by residents of that portion of Boston included 
within Boston proper that are registered in Boston and display a 
resident parking sticker for that area issued by the City of Boston;
    (2) Vehicles owned by residents of Cambridge that are registered in 
and parked within Cambridge and display an appropriate parking sticker 
issued by the City of Cambridge;
    (3) Vehicles owned and operated by handicapped persons with HP 
license plates; and
    (4) Vehicles registered as ``commercial vehicles'' by the 
Commonwealth and displaying appropriate license plates.
    (d) On or before June 30, 1974, no owner or operator of a motor 
vehicle shall park, or permit the on-street parking of, said vehicle 
within Cambridge or Boston proper except in conformity with the 
provisions of this section and the measures implementing it.
    (e) The Governor and the chief executive of any other governmental 
entity on which obligations are imposed by paragraph (b) of this section 
should, on or before April 15, 1974, submit to the Regional 
Administrator for his approval a detailed statement of the legal and 
administrative steps selected to effect the prohibition provided for in 
paragraphs (b) and (d) of this section, and a schedule of implementation 
consistent with the requirements of this section. Such schedule shall 
include as a minimum the following:
    (1) Designation of one or more agencies responsible for the 
administration and enforcement of the program;
    (2) The procedures by which the designated agency will enforce the 
prohibition provided for in paragraphs (b) and (d) of this section;
    (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

[[Page 131]]

program of on-site construction including site clearance, grading, 
dredging, or land filling specifically designed for a parking facility 
in preparation for the fabrication, erection, or installation of the 
building components of the facility. For the purpose of this paragraph, 
interruptions resulting from acts of God, strikes, litigation, or other 
matters beyond the control of the owner shall be disregarded in 
determining whether a construction or modification program is 
continuous.
    (2) The phrase to commence modification means to engage in a 
continuous program of on-site modification including site clearance, 
grading, dredging, or land filling in preparation for a specific 
modification of the parking facility.
    (3) The phrase commercial parking space means a space used for 
parking a vehicle in a commercial parking facility.
    (4) [Reserved]
    (5) Commercial parking facility (also called facility) means any 
lot, garage, building or structure, or combination or portion thereof, 
on or in which motor vehicles are temporarily parked for a fee, 
excluding (i) a parking facility, the use of which is limited 
exclusively to residents (and guests of residents) of a residential 
building or group of buildings under common control, and (ii) parking on 
public streets.
    (6) Freeze means to maintain at all times after October 15, 1973, 
the total quantity of commercial parking spaces available for use at the 
same amounts as were available for use prior to said date; Provided, 
That such quantity may be increased by spaces the construction of which 
commenced prior to October 15, 1973, or as specifically permitted by 
paragraphs (n), (p) and (q) of this section; provided further that such 
additional spaces do not result in an increase of more than 10 percent 
in the total commercial parking spaces available for use on October 15, 
1973, in any municipality within the freeze area or at Logan 
International Airport (``Logan Airport''). For purposes of the last 
clause of the previous sentence, the 10 percent limit shall apply to 
each municipality and Logan Airport separately.
    (b) [Reserved]
    (c) There is hereby established a freeze, as defined by paragraph 
(a)(6) of this section, on the availability of commercial parking 
facilities in the freeze area effective October 15, 1973. In the event 
construction in any municipality, commenced prior to October 15, 1973, 
results in a number of spaces which exceeds the 10 percent limit 
prescribed by paragraph (a)(6) of this section, then the Governor shall 
immediately take all necessary steps to assure that the available 
commercial spaces within such municipality shall be reduced to comply 
with the freeze. In the event that such limit is exceeded at Logan 
Airport, then the provisions of paragraph (m) of this section shall 
apply.
    (d) [Reserved]
    (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.

[[Page 132]]

Such criteria shall include, but not be limited to:
    (i) Full consideration of all facts contained in the application.
    (ii) Provisions that no permit will be issued if construction or 
modification of the facility will not comply with the requirements of 
paragraph (c) of this section.
    (3) Agency procedures provide that no permit for the construction or 
modification of a facility covered by this section shall be issued 
without notice and opportunity for public hearing. The public hearing 
may be of a legislative type; the notice shall conform to the 
requirements of 40 CFR 51.4(b); and the agency rules or procedures may 
provide that if no notice of intent to participate in the hearing is 
received from any member of the public (other than the applicant) prior 
to 7 days before the scheduled hearing date, no hearing need be held. If 
notice of intent to participate is required, the fact shall be noted 
prominently in the required hearing notice.
    (g)-(l) [Reserved]
    (m) On or before January 30, 1975, the Massachusetts Port Authority 
(``Massport'') shall prepare and submit to the Governor for his approval 
a plan showing the manner in which the number of commercial parking 
spaces at Logan Airport which exceeds the number of such spaces 
permitted under the freeze shall be removed from use. The Governor shall 
approve such plan if he determines that (1) implementation of such plan 
would result in reducing the aggregate number of commercial parking 
spaces to the level of such spaces permitted by this section, (2) 
Massport has adequate legal authority to implement such plan and (3) 
adequate commitments have been made by Massport to assure the Governor 
that such plan will be fully implemented and maintained on and after May 
1, 1976. In the event that the Governor does not approve such plan by 
April 1, 1976, then the owner or operator of each commercial parking 
facility located at Logan Airport shall, on or before July 1, 1976, 
reduce the number of commercial parking spaces available for use at each 
such facility by an amount which bears the same proportion to the number 
of spaces exceeding the limit imposed by this section as the number of 
spaces available at such facility bears the total number of such spaces 
which were available for use at Logan Airport on April 1, 1976.
    (n) Where an agency approved by the Governor under paragraph (e) of 
this section to issue permits for new construction in the City of 
Cambridge demonstrates to the satisfaction of the Governor that (1) 
specific on-street parking spaces in use as of October 15, 1973, were 
being legally and regularly used as of such date for parking by 
commuters (as that term is defined in Sec. 52.1161(a)(6)) who are not 
residents of Cambridge and that (2) effective measures have been 
implemented (including adequate enforcement) to prevent such 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.

[[Page 133]]

    (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]



Sec. Sec. 52.1136-52.1144  [Reserved]



Sec. 52.1145  Regulation on organic solvent use.

    (a) Definitions:
    (1) Organic solvents include diluents and thinners and are defined 
as organic materials which are liquids at standard conditions and which 
are used as dissolvers, viscosity reducers, or cleaning agents, except 
that such materials which exhibit a boiling point higher than 220 
[deg]F. at 0.5 millimeters of mercury absolute pressure or having an 
equivalent vapor pressure shall not be considered to be solvents unless 
exposed to temperatures exceeding 220 [deg]F.
    (2) Solvent of high photochemical reactivity means any solvent with 
an aggregate of more than 20 percent of its total volume composed of the 
chemical compounds classified below or which exceeds any of the 
following individual percentage composition limitations in reference to 
the total volume of solvent:
    (i) A combination of hydrocarbons, alcohols, aldehydes, esters, 
ethers, or ketones having an olefinic or cycloolefinic type of 
unsaturation: 5 percent;
    (ii) A combination of aromatic compounds with eight or more carbon 
atoms to the molecule except ethylbenzene: 8 percent;
    (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,

[[Page 134]]

machines, equipment, or other contrivances designed for processing a 
continuous web, strip, or wire that emit organic materials and use 
operations described in this section shall be collectively subject to 
compliance with this section.
    (d) No person shall cause, suffer, allow, or permit the discharge 
into the atmosphere of more than 40 pounds of organic materials in any 1 
day, nor more than 8 pounds in any 1 hour, from any article, machine, 
equipment, or other contrivance used under conditions other than 
described in paragraph (c) of this section for employing, or applying 
any solvent of high photochemical reactivity or material containing such 
photochemically reactive solvent, unless said discharge has been reduced 
as a result of the installation of abatement controls by at least 85 
percent. Emissions of organic materials into the atmosphere resulting 
from air or heated drying of products for the first 12 hours after their 
removal from any article, machine, equipment or other contrivance 
described in this section shall be included in determining compliance 
with this section. Emissions resulting from baking, heat-curing, or 
heat-polymerizing as described in paragraph (c) of this section shall be 
excluded from determination of compliance with this section. Those 
portions of any series of articles, machines, equipment, or other 
contrivances designed for processing a continuous web, strip, or wire 
that emit organic materials and use operations described in this section 
shall be collectively subject to compliance with this section.
    (e) Emissions of organic materials to the atmosphere from the clean-
up with a solvent of high photochemical reactivity, or any article, 
machine, equipment, or other contrivance described in paragraph (c) or 
(d) of this section or in this paragraph, shall be included with the 
other emissions of organic materials from that article, machine, 
equipment or other contrivance for determining compliance with this 
section.
    (f) No person shall cause, suffer, allow, or permit during any one 
day disposal of a total of more than 1.5 gallons of any solvent of high 
photochemical reactivity, or of any material containing more than 1.5 
gallons of any such photochemically reactive solvent by any means that 
will permit the evaporation of such solvent into the atmosphere.
    (g) Emissions of organic materials into the atmosphere required to 
be controlled by paragraph (c) or (d) of this section shall be reduced 
by:
    (1) Incineration, provided that 90 percent or more of the carbon in 
the organic material being incinerated is converted to carbon dioxide, 
or
    (2) Adsorption, or
    (3) The use of other abatement control equipment determined by the 
Regional Administrator to be no less effective than either of the above 
methods.
    (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;

[[Page 135]]

    (ii) The organic solvents comprise not more than 30 percent by 
volume of said volatile content;
    (iii) The volatile content is not a solvent of high photochemical 
reactivity as defined in paragraph (a) of this section; and
    (iv) The organic solvent or any material containing organic solvent 
does not come into contact with flame. This last stipulation applies 
only for those articles, machines, equipment or other contrivances that 
are constructed or modified after November 8, 1973.
    (5) The use of any material, in any article, machine, equipment or 
other contrivance described in paragraph (c), (d), or (e) of this 
section if:
    (i) The organic solvent content of such material does not exceed 30 
percent by volume of said material;
    (ii) The volatile content is not a solvent of high photochemical 
reactivity; and
    (iii) [Reserved]
    (iv) The organic solvent or any material containing organic solvent 
does not come into contact with flame. This last stipulation applies 
only for those articles, machines, equipment or other contrivances that 
are constructed or modified after November 8, 1973.
    (6) [Reserved]
    (7) An article, machine, equipment or other contrivance described in 
paragraph (c), (d) or (e) of this section used exclusively for chemical 
or physical analyses or determination of product quality and commercial 
acceptance provided that--
    (i) The exemption is approved in writing by the Regional 
Administrator;
    (ii) The operator of said article, machine, equipment or contrivance 
is not an integral part of the production process; and
    (iii) The emissions from said article, machine, equipment or other 
contrivance do not exceed 800 lbs. in any calendar month.
    (8) Sources subject to the provisions of Massachusetts Regulation 
310 CMR 7.18 which has been federally approved.
    (k) [Reserved]
    (l) All determinations of emission rates shall be conducted in a 
manner approved in writing by the Regional Administrator.

[40 FR 25165, June 12, 1975, as amended at 47 FR 28373, June 30, 1982]



Sec. 52.1146  [Reserved]



Sec. 52.1147  Federal compliance schedules.

    (a) Except as provided in paragraph (c) of this section, the owner 
or operator of a source subject to regulation under paragraph (c)(1) of 
Sec. 52.1144 and Sec. 52.1145 shall comply with the increments of 
progress contained in the following schedule:
    (1) Final control plans for emission control systems or process 
modifications must be submitted on or before June 1, 1974, for sources 
subject to 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

[[Page 136]]

served exclusively by facilities required to have a vapor recovery 
system in operation no later than May 31, 1977, also are required to 
meet the provisions of this section no later than May 31, 1977.
    (6) Any owner or operator of stationary sources subject to 
compliance schedule in this paragraph shall certify to the Administrator 
within 5 days after the deadline for each increment of progress, whether 
or not the required increment of progress has been met.
    (7) Any gasoline dispensing facility subject to paragraph (c)(1) of 
Sec. 52.1144 which installs a storage tank after October 15, 1973, 
shall comply with such paragraph by March 1, 1976. Any facility subject 
to such paragraph which installs a storage tank after March 1, 1976 
shall comply with such paragraph at the time of installation.
    (b) Except as provided in paragraph (d) of this section, the owner 
or operator of a source subject to paragraph (d)(1) of Sec. 52.1144 
shall comply with the increments of progress contained in the following 
compliance schedule:
    (1) Final control plans for emission control systems or process 
modifications must be submitted prior to January 1, 1975.
    (2) Contracts for emission control systems or process modifications 
must be awarded or orders must be issued for the purchase of component 
parts to accomplish emission control or process modification prior to 
March 1, 1975.
    (3) Initiation of on-site construction or installation of emission 
control equipment or process modification must begin not later than May 
1, 1975.
    (4) On-site construction or installation of emission control 
equipment or process modification must be completed prior to May 1, 
1977.
    (5) Federal compliance is to be achieved prior to May 31, 1977.
    (6) Any owner or operator of stationary sources subject to the 
compliance schedule in this paragraph shall certify to the 
Administrator, within 5 days after the deadline for each increment of 
progress, whether or not the required increment of progress has been 
met.
    (7) Any gasoline dispensing facility subject to paragraph (d)(1) of 
Sec. 52.1144 which installs a gasoline dispensing system after the 
effective date of this regulation shall comply with the requirements of 
such paragraph by May 31, 1977. Any facility subject to such paragraph 
which installs a gasoline dispensing system after May 31, 1977, shall 
comply with such paragraph at the time of installation.
    (c) Paragraph (a) of this section shall not apply:
    (1) To a source which is presently in compliance with all 
requirements of paragraph (c)(1) of Sec. 52.1144 and Sec. 52.1145 and 
which has certified such compliance to the Administrator by June 1, 
1974. The Administrator may request whatever supporting information he 
considers necessary for proper certification.
    (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

[[Page 137]]

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 Note: For Federal Register citations affecting Sec. 
52.1147, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. Sec. 52.1148-52.1158  [Reserved]



Sec. 52.1159  Enhanced Motor Vehicle Inspection and Maintenance.

    (a) Revisions submitted by the Massachusetts Department of 
Environmental Protection on October 20, 2000, to the motor vehicle 
inspection and maintenance program are approved:
    (1) Letter from the Massachusetts Department of Environmental 
Protection dated October 20, 2000 submitting a revision to the 
Massachusetts State Implementation Plan.
    (2) Document entitled ``Quality Assurance and Quality Control Plan 
For the Massachusetts Enhanced Emissions and Safety Inspection 
Program,'' dated October 16, 2000.
    (3) Document entitled ``Program Evaluation Plans For the Enhanced 
Inspection and Maintenance Program,'' dated October 2000, and supporting 
contracts.

[65 FR 69257, Nov. 16, 2000]



Sec. 52.1160  Requirements for state implementation plan revisions 
relating to new motor vehicles.

    Massachusetts' adopted LEV program must be revised to the extent 
necessary for the state to comply with all aspects of the requirements 
of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]



Sec. 52.1161  Incentives for reduction in single-passenger commuter 
vehicle use.

    (a) Definitions:
    (1) Employer means any person or entity which employs 50 or more 
employees at any time during a calendar year at an employment facility 
located in the Boston Intrastate Region.
    (2) Educational institution means any person or entity which has 250 
or more employees and students at any time during the academic year at 
an educational facility offering secondary level or higher training 
including vocational training located in the Boston Intrastate Region.
    (3) Employee means any person who performs work for an employer 
thirty-five or more hours per week and for more than twenty weeks per 
year for compensation and who travels to and from work by any mode of 
travel.
    (4) Student means any full-time day student who does not live at the 
educational institution and who travels to and from classes by any mode 
of travel.
    (5) Affected facility means any employment facility at which 50 or 
more persons are employees or any educational facility at which 250 or 
more persons are students and employees.
    (6) Commuter means both an employee and a student.
    (7) Single-passenger commuter vehicle means a motor-driven vehicle 
with four or more wheels with capacity for a driver plus one or more 
passengers which is used by a commuter traveling alone to work or 
classes and is not customarily required to be used in the course of his 
employment or studies.
    (8) Base date means the date set forth in paragraph (d) of this 
section as of 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

[[Page 138]]

mandatory measures which are designed to achieve a goal of reducing the 
number of single-passenger commuter vehicles customarily commuting daily 
to each affected facility as of its base date by 25 percent (or as 
adjusted pursuant to paragraph (g) of this section):
    (1) Making available to commuters any pass program offered by the 
Massachusetts Bay Transportation Authority, if any commuter to the 
facility uses the mass transit facilities of such Authority as part of 
his daily commuting trip, including making all administrative 
arrangements for commuters to purchase the pass and thereby participate 
in the pass program and encouraging commuters to participate by such 
means as publicizing the availability of the pass program and the cost 
advantages thereof.
    (2)-(8) [Reserved]

[40 FR 25166, June 12, 1975, as amended at 47 FR 28373, June 30, 1982; 
41 FR 10223, Mar. 10, 1976]



Sec. 52.1162  Regulation for bicycle use.

    (a) Definitions:
    (1) Bicycle means a two-wheel nonmotor-powered vehicle.
    (2) Bike path means a route for the exclusive use of bicycles 
separated by grade or other physical barrier from motor traffic.
    (3) Bike lane means a street lane restricted to bicycles and so 
designated by means of painted lanes, pavement coloring or other 
appropriate markings. A peak hour bike lane means a bike lane effective 
only during times of heaviest auto commuter traffic.
    (4) Bike route means a route in which bicycles share road space with 
motorized vehicles.
    (5) Bikeway means bike paths, bike lanes and bike routes.
    (6) Bicycle parking facility means any facility for the temporary 
storage of bicycles which allows the frame and both wheels of the 
bicycle to be locked so as to minimize the risk of theft and vandalism.
    (7) Parking facility means a lot, garage, building, or portion 
thereof in or of which motor vehicles are temporarily parked.
    (8) Parking space means the area allocated by a parking facility for 
the temporary storage of one automobile.
    (9) MBTA means the Massachusetts Bay Transportation Authority.
    (b) Application. This section shall be applicable in the Boston 
Intrastate Region.
    (c) Study. The Commonwealth, according to the schedule set forth in 
paragraph (d) of this section, shall conduct a comprehensive study of, 
and in that study recommend, the establishment of permanent bikeways and 
related facilities within the area described in paragraph (b) of this 
section. The study shall consider or include at least the following 
elements:
    (1) The physical design for bikeways, intersections involving 
bikeways, and means of bicycle link-ups with other modes of 
transportation;
    (2) The location of bikeways, including ascertaining high accident 
or pollution areas and developing means of avoiding or ameliorating 
those situations as well as means of providing intersection safety 
generally;
    (3) The location of bicycle parking facilities, including bus stops;
    (4) The rules of the road for bicyclists, and to the extent that 
present rules must be modified because of bikeways, new rules of the 
road for motorists. Also the feasibility of mandatory adult bicycle 
registration to minimize theft and increase recovery of stolen bicycles;
    (5) Bicycle safety education for bicyclists, motorists, children, 
students, street maintenance personnel and policemen, including 
requiring bicycle safety principles and safe street riding skills to be 
taught in high school automobile driver(s) education programs;
    (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;

[[Page 139]]

    (7) Requiring or providing incentives for common carriers and mass 
transit carriers, especially the Blue Line of the MBTA, to provide 
bicycle parking facilities at their respective terminals and stations 
and bicycle carrying facilities on their respective vehicles;
    (8) The creation of roadway zones in which all vehicles, except mass 
transit, emergency and service vehicles, and bicycles, would be 
excluded;
    (9) Requiring or providing incentives for office buildings and 
employers to install and to provide free shower and locker facilities 
for cyclists;
    (10) A bicycle user and potential user survey, which shall at a 
minimum determine:
    (i) For present bicycle riders, the origin, destination, frequency, 
travel time, distance and purpose of bicycle trips;
    (ii) In high density employment areas, the present modes of 
transportation of employees and the potential modes of transportation, 
including the numbers of employees who would use a bicycle for a 
significant portion of their commuting transportation were suitable 
facilities available to them. This section of the study shall seek to 
ascertain the size of the working population that would move from 
automobiles to mass transit and bicycles or bicycles alone as a 
significant form of transportation. It shall also seek to ascertain what 
bicycle facilities or mix thereof would produce the greatest conversion 
from auto use;
    (11) The special problems related to the design and incorporation in 
the bikeway facilities described in paragraph (f) of this section of 
feeder bikeways to bridges, on-bridge bikeways, feeder bikeways to MBTA 
and railroad stations, feeder bikeways to fringe parking areas, and 
bicycle passage through rotaries and squares;
    (12) The conversion of railroad beds, power lines, flood control 
channels or similar corridors to bikepaths;
    (13) Removing barriers to employees bringing their bicycles into 
their offices;
    (14) Removal or alteration of drain grates with bars so placed as to 
catch bicycle wheels;
    (15) Bicycle rentals at appropriate locations; and
    (16) The feasibility of constructing bikeways along at least each of 
the corridors set forth in paragraph (g) of this section.

In conducting the study, opportunity shall be given for public comments 
and suggestions. Input shall also be solicited from state, regional and 
local planning staffs, state, regional and local agencies, bicycle 
organizations and other interested groups and be related to 
comprehensive transportation planning for the area designated in 
paragraph (b) of this section. The study shall, using as a goal a 
minimum of 180 miles of bikeways, examine as large a network of 
facilities as is practicable within the area described in paragraph (b) 
of this section and shall recommend physical designs for said 
facilities. The study shall also propose a compliance schedule for 
establishing any recommended permanent bicycle facilities.
    (d) The Commonwealth of Massachusetts shall submit to the Regional 
Administrator no later than October 1, 1975, a detailed compliance 
schedule showing the steps that will be taken to carry out the study 
required by paragraph (c) of this section. The compliance schedule shall 
at a minimum include:
    (1) Designation of the agency responsible for conducting the study;
    (2) A date for initiation of the study, which date shall be no later 
than October 1, 1975; and
    (3) A date for completion of the study, and submittal thereof to the 
Administrator, which date shall be no later than June 30, 1976.
    (e) On or before September 1, 1976, the Administrator shall publish 
in the 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

[[Page 140]]

public comment period prior to the effective date of his response.
    (f) Permanent bicycle facilities. At the conclusion of the study 
required by paragraph (c) of this section and the Administrator's 
response thereto, the Commonwealth shall, together with the 
municipalities and other authorities having jurisdiction over affected 
roadways and areas establish permanent bicycle facilities as required by 
the Administrator's response to the study.
    (g) The potential bikeway corridors to be studied pursuant to 
paragraph (c)(16) are as follows:
    (1) Central Square, Cambridge to Boston University;
    (2) Harvard Square, Cambridge to Union Square, Allston;
    (3) Union Square, Somerville to Central Square, Cambridge;
    (4) Union Square, Allston to Government Center;
    (5) Harvard Square, Cambridge to Government Center;
    (6) Brookline Village to Government Center;
    (7) Boston University to Longwood Avenue Hospital Zone;
    (8) Egleston Square to Government Center;
    (9) Columbus Park to Boston Common;
    (10) L Street Beach to Government Center;
    (11) Powder House Circle, Somerville to Harvard Square;
    (12) Everett to Government Center;
    (13) Porter Square, Cambridge to Columbus Park, Boston;
    (14) Cleveland Circle to Government Center;
    (15) Porter Square, Cambridge to Government Center;
    (16) Harvard Square, Cambridge to Boston City Hospital; and
    (17) Charlestown, Longfellow, Harvard, Boston University, River 
Street, Western Avenue, Anderson, Summer Street, and Broadway Bridges.
    (h) The MBTA shall provide bicycle parking facilities at each major 
MBTA station adequate to meet the needs of MBTA riders within the area 
designated in paragraph (b) of this section. Said parking facilities 
shall at a minimum be located at:
    (1) All stations of the Riverside portion of the Green Line;
    (2) Reasonably spaced stops on other portions of the Green Line;
    (3) All stations of the Red, Orange, and Blue Lines; and shall have 
spaces for at least six bicycles per station, except for facilities at 
terminal stations which shall have spaces for at least 24 bicycles.
    (i) The Commonwealth shall provide for advertisement of bikeways and 
bicycle parking facilities in use within the area designated in 
paragraph (b) of this section to potential users by means of media 
advertisement, the distribution and posting of bikeway maps and bike 
safety information, as well as for a program of bicycle safety education 
including the motor vehicle operators license examination and public 
service advertisement.

[40 FR 25168, June 12, 1975]



Sec. 52.1163  Additional control measures for East Boston.

    (a) On or before December 31, 1975, the Governor, the Mayor of the 
City of Boston, the Chairman of the Massachusetts Bay Transportation 
Authority, the Chairman of the Massachusetts Turnpike Authority and the 
Chairman of the Massachusetts Port Authority (``Massport'') shall each 
submit to the Regional Administrator a study or studies of various 
alternative strategies to minimize the number of vehicle trips to and 
from Logan International Airport (``Logan Airport'') and to reduce the 
amount of carbon monoxide in the vicinity of the Callahan and Sumner 
Tunnels to a level consistent with the national primary ambient air 
quality standards. These studies may be 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;

[[Page 141]]

    (3) Use of exclusive lanes for buses, carpools, taxis and limousines 
during peak travel hours;
    (4) Reduction of parking spaces at Logan Airport and increased 
parking charges at remaining spaces;
    (5) Construction of satellite terminal facilities for Logan Airport;
    (6) Use of alternate modes of transportation for trips to and from 
Logan Airport, and establishment of facilities at Logan Airport to 
accommodate such modes;
    (7) Improved transit service between the Blue Line subway stop and 
airline terminals at Logan Airport; and
    (8) Any other measures which would be likely to contribute to 
achieving the required reductions.
    (b) Massport shall monitor the number of vehicles entering and 
leaving Logan Airport so as to provide the Secretary of Transportation 
for the Commonwealth (the ``Secretary'') with reports on a semi-annual 
basis, beginning on January 30, 1976, showing total vehicle trips per 
day for the six-month period ending on the previous December 31 or June 
30, presented and tabulated in a manner prescribed by the Secretary.
    (c) Massport shall, on or before June 30, 1976, prepare and submit 
to the Secretary draft legislation which, if enacted into law, would 
alleviate local licensing problems of bus and limousine companies in 
order to facilitate increased and improved bus and limousine service for 
travelers using Logan Airport.
    (d) Massport shall negotiate with the Massachusetts Bay 
Transportation Authority to increase the convenience of the mass transit 
services currently available to travelers to Logan Airport.
    (e) Massport shall, on or before June 30, 1976, establish and 
maintain a program (which shall include the enclosure of this 
information in tickets or folders mailed by airlines using Logan 
Airport) to publicize the advantages in costs and convenience of the use 
of mass transit or other available transportation services by travelers 
using the airport, and making known to such persons the schedules, 
routes, connections, and other information necessary for them to 
conveniently use mass transit and such other services.
    (f) Massport shall, on or before October 15, 1975, establish a 
carpool program at Logan Airport, which shall include the elements 
specified in paragraphs (b)(7) (A) through (C) of Sec. 52.1161. For the 
purpose of applying the requirements of Sec. 52.1161 to the present 
paragraph:
    (1) The definitions in Sec. 52.1161 shall apply;
    (2) Each employer with any employment facility at Logan Airport 
shall cooperate with Massport in the development and implementation of 
the program;
    (3) Any such employer (including Massport) may fulfill its 
obligations under paragraph (b)(7) of Sec. 52.1161 by fully cooperating 
with and participating in the Logan Airport carpool program (including 
bearing its proportional share of the program's cost); and
    (g) Massport shall, on or before October 15, 1975, implement a 
program of systematic dissemination to employers and employees at Logan 
Airport of information regarding the Massachusetts Bay Transportation 
Authority pass program, bus and train schedules and rates, park-and-ride 
facilities, and other transportation programs and services available to 
employees at Logan Airport.
    (h) Massport shall, on or before January 1, 1976, implement and 
maintain a program to allow all employees at Logan Airport, regardless 
of the size of the particular employment facility at which they work, to 
participate in any available pass program made available by the 
Massachusetts Bay Transportation Authority, including the use of 
Massport as a central clearinghouse for the purpose of aggregating 
employees 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

[[Page 142]]

complexes within the Boston Intrastate Region which violate the national 
ambient air quality standards for carbon monoxide. Once such localized 
areas have been identified, the Commonwealth, in cooperation with the 
affected local municipalities, shall develop and implement appropriate 
control strategies to insure that such air quality standards will be 
achieved at such areas. Plans shall be developed to include provisions 
for the entire municipality in order to insure that the implemented 
strategies will not create carbon monoxide violations elsewhere in the 
vicinity after the measures have been applied.
    (b) To accomplish the requirements of paragraph (a) of this section, 
the Commonwealth shall do the following:
    (1) Identify areas of potentially high carbon monoxide 
concentrations by reviewing all available traffic data, physical site 
data and air quality and meteorological data for all major intersections 
and roadway complexes within the Region. The Regional Administrator will 
provide general guidance on area designations to assist in the initial 
identification process.
    (2) Areas identified under paragraph (b)(1) of this section shall be 
studied in further detail, including meteorological modeling, traffic 
flow monitoring, air quality monitoring and other measures necessary to 
accurately quantify the extent and actual levels of carbon monoxide in 
the area. A report containing the results of these analyses and 
identifying such areas shall be submitted to the Regional Administrator 
no later than March 1, 1976.
    (3) If, after the completion of actions required by paragraph (b)(2) 
of this section, an area shows or is predicted to have violations of the 
carbon monoxide standard, the Commonwealth, in cooperation with the 
affected municipality, shall submit a plan to the Regional Administrator 
containing measures to regulate traffic and parking so as to reduce 
carbon monoxide emissions to achieve air quality standards in the area. 
Such plan shall include: the name of the agency responsible for 
implementing the plan, all technical data and analyses supporting the 
conclusions of the plan, all control strategies adopted as part of the 
plan, and other such information relating to the proposed program as may 
be required by the Regional Administrator. The Regional Administrator 
shall provide general guidance on applicable control strategies and 
reporting formats to assist in plan development and submittal. Such a 
plan shall be submitted for each municipality which contains one or more 
identified areas no later than October 1, 1975 for Waltham and October 
1, 1976, for other areas.
    (4) All measures called for in the plan submitted under paragraph 
(b)(3) of this section shall be subject to the approval of the Regional 
Administrator and shall be implemented by May 31, 1977.
    (c) The Commonwealth shall annually review the effectiveness of the 
control strategies developed pursuant to this section and modify them as 
necessary to insure that such carbon monoxide standards will be attained 
and maintained. The results of this review and any changes in the 
measures which the Commonwealth recommends as a result thereof shall be 
reported to the Regional Administrator annually as required under Sec. 
52.1160.
    (d) Prior to submitting any plan to the Regional Administrator under 
paragraph (b)(3), the Commonwealth shall give prominent public notice of 
the general recommendations of such plan, shall make such plan available 
to the public for at least 30 days and permit any affected public agency 
or member of the public to comment in writing on such plan. The 
Commonwealth shall give the Regional Administrator timely notice of any 
public hearing to be held on such plan and shall make all comments 
received available to the Regional Administrator for inspection and 
copying.

[40 FR 25170, June 12, 1975]



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 except paragraph

[[Page 143]]

(a)(1) are hereby incorporated and made a part of the applicable State 
plan for the State of Massachusetts.

[43 FR 26410, June 19, 1978, as amended at 68 FR 11323, Mar. 10, 2003; 
68 FR 74489, Dec. 24, 2003]



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.

                                Table 52.1167--EPA-Approved Rules and Regulations
                                           [See Notes at end of Table]
----------------------------------------------------------------------------------------------------------------
                                              Date        Date        Federal
   State citation        Title/subject     submitted  approved by    Register    52.1120(c)  Comments/unapproved
                                            by State      EPA        citation                      sections
----------------------------------------------------------------------------------------------------------------
310 CMR 6.04........  Standards..........    7/25/90     10/04/02  67 FR 62187         120   Adopt PM10 as the
                                                                                              criteria pollutant
                                                                                              for particulates.
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 definitions
                                            2/25/86;                                          and one amended
                                             6/23/86                                          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.''

[[Page 144]]

 
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.
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.

[[Page 145]]

 
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........  Definitions........    2/17/93     9/3/1999  64 FR 48303      c(117)   ...................
310 CMR 7.00........  Definitions........    7/30/96      4/11/00  65 FR 19326         115   Definition of
                                                                                              ``volatile organic
                                                                                              compound''
                                                                                              revised.
310 CMR 7.00........  Definitions........    1/11/95      4/11/00  65 FR 19326         121   Definitions
                                             3/29/95                                          associated with
                                                                                              marine vessel
                                                                                              rule.
310 CMR 7.00........  Definitions........   07/25/95     12/18/00  65 FR 78976         116   Definitions
                                            08/09/00                                          associated with
                                             9/11/00                                          State II vapor
                                                                                              recovery rule.
310 CMR 7.00          Emission Offsets       7/15/94     10/27/00  65 FR 64363    (c)(127)   Approving 1990 CAAA
 Appendix A.           and Nonattainment   and 4/14/                                          revisions and
                       Review.                    95                                          general NSR permit
                                                                                              requirements
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 7.00........  Definitions........    7/25/90     10/04/02  67 FR 62187         120   Add a definition of
                                                                                              PM10.
310 CMR 7.00........  Definitions........   12/13/06     07/31/08  73 FR 44654         136   Addition of the
                                                                                              term, ``Boston
                                                                                              Metropolitan
                                                                                              Planning
                                                                                              Organization.''
                      ...................   12/13/06     07/31/08  73 FR 44654         136   Massachusetts
                                                                                              Regulation Filing,
                                                                                              dated November 16,
                                                                                              2006,
                                                                                              substantiating
                                                                                              December 1, 2006,
                                                                                              State effective
                                                                                              date for amended
                                                                                              310 CMR 7.00
                                                                                              entitled
                                                                                              ``Definition,''
                                                                                              (addition of term
                                                                                              ``Boston
                                                                                              Metropolitan
                                                                                              Planning
                                                                                              Organization,''
                                                                                              which appears on
                                                                                              the replaced page
                                                                                              173 of the State's
                                                                                              Code of
                                                                                              Massachusetts
                                                                                              Regulations.).
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 and
                                             1/15/87                                          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.

[[Page 146]]

 
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 or
                       external floating                                                      equivalent weather
                       roof tanks.                                                            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.
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 7.03(13)....  Paint spray booths.    2/17/93     9/3/1999  64 FR 48303      c(117)   Adds the following
                                                                                              coating
                                                                                              operations:
                                                                                              plastic parts
                                                                                              surface coating,
                                                                                              leather surface
                                                                                              coating, wood
                                                                                              product surface
                                                                                              coating, and flat
                                                                                              wood paneling
                                                                                              surface coating.
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 and
                       Berkshire APCD.                                                        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% at
                                             8/31/78                                          Crane & Co., Inc.,
                                                                                              and Schweitzer
                                                                                              Division, Kimberly-
                                                                                              Clark Corp.,
                                                                                              Columbia Mill.

[[Page 147]]

 
                                             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 of
                                             5/25/76                                          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% at
                       thereof for                                                            Fitchburg Paper
                       central APCD.                                                          (55 Meter stacks
                                                                                              only) for James
                                                                                              River,
                                                                                              Massachusetts,
                                                                                              Inc., year round.
                                             3/20/80      9/10/80  45 FR 59578          31   Approves the
                                                                                              temporary burning
                                                                                              of 2.2% at Seaman
                                                                                              Paper Co.,
                                                                                              Templeton.
                                              3/2/79      9/17/81  46 FR 46133          33   Approves the
                                              5/5/81                                          burning of 2.2% at
                                                                                              Millers Falls
                                                                                              Paper Co.
310 CMR 7.05(1)(c)..  Sulfur content of       6/4/76     12/30/76  41 FR 56804           8   Approves the
                       fuels and control                                                      burning of 2.2%
                       thereof for                                                            except at those
                       Merrimack Valley.                                                      sources listed in
                                                                                              52.1126.
                                             1/28/76      7/12/77  42 FR 35830           8   Approves burning of
                                            12/30/76                                          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 of
                       fuels and control     9/16/75                                          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 extension
                       fuels and control                                                      to burn 2.2%.
                       thereof for
                       Metropolitan
                       Boston APCD.

[[Page 148]]

 
                                             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 sources
                       thereof for                                                            listed in 52.1125.
                       Pioneer Valley
                       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 of
                       fuels and control                                                      2.2% for sources
                       thereof for                                                            listed in 52.1126,
                       Southeastern APCD.                                                     all others must
                                                                                              continue to burn
                                                                                              1%.
                                            12/30/76       9/8/78  43 FR 40010          12   Extends expiration
                                             1/31/78                                          date from 5/1/78
                                                                                              to 7/1/79.
                                             1/31/79      5/21/79  44 FR 29453          22   Permanent extension
                                                                                              to burn 2.2%.
310 CMR 7.05(4).....  Ash content of          1/3/79      5/21/79  44 FR 29453          21   ...................
                       fuels for Pioneer
                       Valley for APCD.
                      Ash content of         7/20/79      5/21/79  44 FR 29453          23   ...................
                       fuels for
                       Metropolitan
                       Boston APCD.

[[Page 149]]

 
                      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 7.08(2),      MWC NOX                1/11/99       9/2/99  64 FR 48098         119   Only approved NOX
 except sections:      requirements.                                                          related
 (a); the definition                                                                          requirements of
 of ``Material                                                                                state plan for
 Separation Plan''                                                                            MWCs. The
 in (c); (d)1; (d)2;                                                                          following sections
 (d)3; (d)4; (d)5;                                                                            were not submitted
 (d)6; (d)8; (f)1;                                                                            as part of the
 (f)2; (f)5; (f)6;                                                                            SIP: (a), the
 (f)7; (g)1; (g)2;                                                                            definition of
 (g)3; (g)4; (h)2.a;                                                                          ``Material
 (h)2.b; (h)2.d;                                                                              Separation Plan''
 (h)2.e; (h)2.g;                                                                              in (c), (d)1,
 (h)2.h; (h)4;                                                                                (d)2, (d)3, (d)4,
 (h)5.a; (h)5.c;                                                                              (d)5, (d)6, (d)8,
 (h)5.d; (h)9;                                                                                (f)1, (f)2, (f)5,
 (h)10; (h)13;                                                                                (f)6, (f)7, (g)1,
 (i)1.b; (i)1.g;                                                                              (g)2, (g)3, (g)4,
 (i)2.c; (i)2.d;                                                                              (h)2.a, (h)2.b,
 (i)2.e; and (k)3..                                                                           (h)2.d, (h)2.e,
                                                                                              (h)2.g, (h)2.h,
                                                                                              (h)4, (h)5.a,
                                                                                              (h)5.c, (h)5.d,
                                                                                              (h)9, (h)10,
                                                                                              (h)13, (i)1.b,
                                                                                              (i)1.g, (i)2.c,
                                                                                              (i)2.d, (i)2.e,
                                                                                              and (k)3.
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.

[[Page 150]]

 
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 single
                                             5/16/79                                          occupant commuter
                                                                                              vehicles.
310 CMR 7.17........  Coal conversion....     9/7/78      5/14/79  44 FR 27991          19   Brayton Point
                                                                                              Station, New
                                                                                              England Power
                                                                                              Company.
                                             1/22/82       6/9/82  47 FR 25007          49   Mount Tom Plant,
                                                                                              Holyoke, MA
                                                                                              Holyoke Water
                                                                                              Power Company.
310 CMR 7.18(1).....  U Applicability and    8/17/89      1/11/93  58 FR 3495           93   Approval of 310 CMR
                       Handling                                                               CMR 7.18(1), (a),
                       Requirements.                                                          (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 CMR
                       Emission             8/17/89;                                          7.18(2), (2)(a),
                       Limitations.           6/7/91                                          (2)(b), (2)(c) and
                                                                                              (2)(e).
310 CMR 7.18(2).....  Compliance with        2/17/93     9/3/1999  64 FR 48304      c(117)   Adds an exemption
                       emission                                                               for coatings used
                       limitations.                                                           in small amounts,
                                                                                              and a section on
                                                                                              daily weighted
                                                                                              averaging.
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).

[[Page 151]]

 
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(7).....  Automobile surface     2/17/93     9/3/1999  64 FR 48304      c(117)   Revises a limit for
                       coating.                                                               primer surface
                                                                                              coating.
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).....  Solvent Metal          2/17/93     9/3/1999  64 FR 48304      c(117)   Adds a
                       Degreasing.                                                            typographical
                                                                                              correction.
310 CMR 7.18(8).....  U Solvent Metal        8/17/89      1/11/93  58 FR 3495           93   Approval of 310 CMR
                       Degreasing.                                                            7.18(8), (8)(d),
                                                                                              (8)(d)1., (8)(e),
                                                                                              (8)(f) and (8)(g).
310 CMR 7.18(8).....  U Solvent Metal         6/7/91      6/30/93  58 FR 34911          58   Approval of 310 CMR
                       Degreasing.                                                            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)....  Surface coating of     2/17/93     9/3/1999  64 FR 48304      c(117)   Revises a
                       miscellaneous                                                          reference.
                       metal parts and
                       products.
310 CMR 7.18(11)....  U Surface Coating      8/17/89      1/11/93  58 FR 3495           93   Approval of 310 CMR
                       of Miscellaneous                                                       7.18(11), (11)(b),
                       Metal Parts and                                                        (11)(c), (11)(d)
                       Products.                                                              and (11)(e).

[[Page 152]]

 
310 CMR 7.18(11)....  U Surface Coating       6/7/91      6/30/93  58 FR 34911          58   Approval of 310 CMR
                       of Miscellaneous                                                       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.......    2/17/93     9/3/1999  64 FR 48304      c(117)   Amends
                                                                                              applicability to
                                                                                              50 tons per year
                                                                                              VOC.
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 CMR
                       Systems-Percholor-                                                     7.18(13), (13)(c),
                       ethylene.                                                              (13)(d) and
                                                                                              (13)(e). 310 CMR
                                                                                              7.18(13)(a) 8. has
                                                                                              been deleted.
310 CMR 7.18(14)....  Paper surface           3/6/81       3/8/82  47 FR 9836           40   ...................
                       coating.
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(14)....  U Paper Surface       8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Coating.               6/7/91                                          CMR 7.18(14).
310 CMR 7.18(15)....  Fabric surface          3/6/81       3/8/82  47 FR 9836           40   ...................
                       coating.
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(15)....  U Fabric Surface      8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Coating.               6/7/91                                          CMR 7.18(15).
310 CMR 7.18(16)....  Vinyl surface           3/6/81       3/8/82  47 FR 9836           40   ...................
                       coating.
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(16)....  U Vinyl Surface       8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Coating.               6/7/91                                          CMR 7.18(16).
310 CMR 7.18(17)....  RACT...............     9/9/82      11/9/83  48 FR 51480          53   All 100 ton per
                                                                                              year sources not
                                                                                              covered by a CTG.
                      RACT...............  .........       3/6/89  54 FR 9213    ..........  Enforceability of
                                                                                              plan approvals
                                                                                              issued under 310
                                                                                              CMR 7.18(17).
                                             6/20/89      11/3/89  54 FR 46388          81   RACT for Cranston
                                                                                              Print Works
                                                                                              Company dated June
                                                                                              20, 1989.
                                             7/12/89      11/8/89  54 FR 46895          80   RACT for Spalding
                                                                                              Corporation Plan
                                                                                              Approval dated
                                                                                              October 7, 1985
                                                                                              and amended Plan
                                                                                              Approval dated
                                                                                              July 12, 1989.
                                              8/8/89      11/8/89  54 FR 46897          82   RACT for Duro
                                                                                              Textile Printers
                                                                                              (SM-85-168-IF).
                                             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.

[[Page 153]]

 
                                            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 CMR
                       Available Control      6/7/91                                          7.18(17), (17)(a),
                       Technology.                                                            (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(17)....  Reasonable             2/17/93     9/3/1999  64 FR 48304      c(117)   Adds new VOC RACT
                       available control                                                      requirements in
                       technology.                                                            the Springfield,
                                                                                              Mass. ozone
                                                                                              nonattainment area
                                                                                              only.
310 CMR 7.18(17)....  Reasonable             2/17/93      10/4/02  67 FR 62183         129   Approves VOC RACT
                       Available Control                                                      requirements for
                       Technology.                                                            the eastern
                                                                                              Massachusetts
                                                                                              ozone
                                                                                              nonattainment
                                                                                              area. (These
                                                                                              requirements were
                                                                                              previously
                                                                                              approved for the
                                                                                              western
                                                                                              Massachusetts
                                                                                              ozone
                                                                                              nonattainment
                                                                                              area.)
310 CMR 7.18(17)....  Reasonable             10/7/99      10/4/02  67 FR 62183         129   VOC RACT plan
                       Available Control                                                      approval for
                       Technology.                                                            Gilette.
310 CMR 7.18(17)....  Reasonable             10/7/99      10/4/02  67 FR 62183         129   VOC RACT plan
                       Available Control                                                      approval for
                       Technology.                                                            Norton.
310 CMR 7.18(17)....  Reasonable             4/16/99      10/4/02  67 FR 62183         129   VOC RACT plan
                       Available Control                                                      approval for Rex.
                       Technology.
310 CMR 7.18(17)....  Reasonable             4/16/99      10/4/02  67 FR 62183         129   VOC RACT plan
                       Available Control                                                      Available for
                       Technology.                                                            Barnet.

[[Page 154]]

 
310 CMR 7.18(18)....  Polystyrene Resin     2/21/86;      8/31/87  52 FR 32792          73   Regulation pursuant
                       Manufacture.         2/25/86;                                          to Group III CTG,
                                             6/23/86                                          ``Control of VOC
                                                                                              Emissions from the
                                                                                              Manufacture of
                                                                                              Polystyrene
                                                                                              Resins''.
310 CMR 7.18(18)....  U Polystyrene Resin   8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Manufacturing          6/7/91                                          CMR 7.18(18).
                       Technology.
310 CMR 7.18(19)....  Synthetic organic     11/5/86;     11/19/87  52 FR 44395          74
                       chemical             12/10/86
                       manufacture.
310 CMR 7.18(20)....  Emission Control       2/17/93     9/3/1999  64 FR 48304      c(117)   Adds new VOC RACT
                       Plans for                                                              requirements.
                       implementa-tion of
                       reasonably
                       available control
                       technology.
310 CMR 7.18(21)....  Surface coating of     2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                       plastic parts.                                                         plastic parts
                                                                                              surface coating.
310 CMR 7.18(22)....  Leather surface        2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                       coating.                                                               leather surface
                                                                                              coating.
310 CMR 7.18(23)....  Wood products          2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                       surface coating.                                                       wood product
                                                                                              surface coating.
310 CMR 7.18(24)....  Flat wood paneling     2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                       surface coating.                                                       flat wood paneling
                                                                                              surface coating.
310 CMR 7.18(25)....  Offset lithographic    2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                       printing.                                                              offset
                                                                                              lithographic
                                                                                              printing.
310 CMR 7.18(26)....  Textile finishing      2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                                                                                              textile finishing.
310 CMR 7.18(27)....  Coating mixing         2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                       tanks.                                                                 coating mixing
                                                                                              tanks.
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 7.18(29)....  Bakeries...........   03/29/95       7/5/00  65 FR 41346         110   Reasonably
                                                                                              Available Control
                                                                                              Technology
                                                                                              Requirement (RACT)
                                                                                              for bakeries.
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.

[[Page 155]]

 
                                            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% until
                       energy                                                                 February 12, 1989.
                       conservation
                       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........  NOX RACT...........    7/15/94       9/2/99  64 FR 48098         119   NOX RACT
                                                                                              regulations.
310 CMR 7.19........  NOX RACT...........    10/4/96       9/2/99  64 FR 48098         119   Facility specific
                                                                                              NOX RACT for
                                                                                              Specialty
                                                                                              Minerals,
                                                                                              Incorporated.
310 CMR 7.19........  NOX RACT...........    12/2/96       9/2/99  64 FR 48098         119   Facility specific
                                                                                              NOX RACT for
                                                                                              Monsanto Company's
                                                                                              Indian Orchard
                                                                                              facility.
310 CMR 7.19........  NOX RACT...........    4/16/99       9/2/99  64 FR 48098         119   Facility specific
                                                                                              NOX RACT for
                                                                                              Turners Falls
                                                                                              Limited
                                                                                              Partnership/Indeck
                                                                                              Energy Services
                                                                                              Turners Falls,
                                                                                              Inc., in Montague.
310 CMR 7.19........  NOX RACT...........    4/16/99       9/2/99  64 FR 48099         119   Facility specific
                                                                                              NOX RACT for
                                                                                              Medusa Minerals
                                                                                              Company in Lee.
310 CMR 7.19........  NOX RACT...........    4/16/99       9/2/99  64 FR 48099         119   Approval of the
                                                                                              replacement of
                                                                                              section 310 CMR
                                                                                              7.19(1)(c)1,
                                                                                              (1)(c)8, (2)(b),
                                                                                              (3)(a), (3)(c)2,
                                                                                              (4)(a)3.b,
                                                                                              (7)(a)4, (9),
                                                                                              (13)(a), (13)(a)3,
                                                                                              (13)(a)9, and
                                                                                              (13)(a)13.
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(13)(b).  Continuous            11/19/99     12/27/00  65 FR 81747         124   revisions to
                       Emissions                                                              regulatory
                       Monitoring Systems.                                                    language.

[[Page 156]]

 
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 7.24(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, 7.24(1),
                       Distribution.         2/17/93                                          7.24(2), 7.24(3),
                                                                                              and 7.24(4).
310 CMR 7.24(3).....  Distribution of        2/17/93     9/3/1999  64 FR 48304      c(117)   Amends distribution
                       motor vehicle fuel.                                                    of motor fuel
                                                                                              requirements,
                                                                                              applicability,
                                                                                              recordkeeping and
                                                                                              testing
                                                                                              requirements.
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 of
                       vehicle fuel.                                                          rule approved as
                                                                                              strengthening the
                                                                                              Massachusetts SIP.
                                                                                             Revised rule being
                                                                                              approved as
                                                                                              meeting the Clean
                                                                                              Air Act
                                                                                              requirements.
310 CMR 7.24(6).....  Dispensing Motor      08/09/00     12/18/00  65 FR 78976         116   Rule revised to
                       Vehicle Fuel.        09/11/00                                          include annual
                                                                                              compliance testing
                                                                                              and certification.
310 CMR 7.24(8).....  Marine Volatile       10/17/97      4/11/00  65 FR 19326         115   ...................
                       Organic Liquid
                       Transfer.
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 7.25........  Best Available         7/30/96      4/11/00  65 FR 19327         115   Definition of
                       Controls for                                                           ``waterproofing
                       Consumer and                                                           sealer'' revised.
                       Commercial
                       Products.
310 CMR 7.27........  NOX Allowance         12/19/97       6/2/99  64 FR 29569    (c)(118)   Approval of NOx cap
                       Program.                                                               and allowance
                                                                                              trading
                                                                                              regulations
                                            11/19/99     12/27/00  65 FR 81747         124   adding paragraphs
                                                                                              7.27(6)(m),
                                                                                              7.27(9)(b),
                                                                                              7.27(11)(o),
                                                                                              7.27(11)(p) and
                                                                                              7.27(15)(e).
310 CMR 7.28........  NOX Allowance          January     12/27/00  65 FR 81747         124   ...................
                       Trading Program.      7, 2000
310 CMR 7.28........  NOX Allowance         03/30/07      12/3/07  72 FR 67854         135
                       Trading Program.
                      ...................   03/30/07      12/3/07  72 FR 67854         135   Mass achusetts
                                                                                              Regulation Filing,
                                                                                              dated April 19,
                                                                                              2007, sub-
                                                                                              stantiating May 4,
                                                                                              2007, State
                                                                                              effective date for
                                                                                              amended 310 CMR
                                                                                              7.28 ``NOX
                                                                                              Allowance Trading
                                                                                              Program.''
310 CMR 7.30........  Massport/Logan        12/26/00    March 12,  66 FR 14319         130   Applies to the
                       Airport Parking                       2001                             parking of motor
                       Freeze.                                                                vehicles on
                                                                                              Massport property.
310 CMR 7.31........  City of Boston/East   12/26/00    March 12,  66 FR 14319         130   Applies to the
                       Boston Parking                        2001                             parking of motor
                       Freeze.                                                                vehicles within
                                                                                              the area of East
                                                                                              Boston.

[[Page 157]]

 
310 CMR 7.32........  Massachusetts Clean   03/30/07      12/3/07  72 FR 67854         135
                       Air Interstate
                       Rule (Mass CAIR).
                      ...................   03/30/07      12/3/07  72 FR 67854         135   Mass-achusetts
                                                                                              Regulation Filing,
                                                                                              dated April 19,
                                                                                              2007, sub-
                                                                                              stantiating May 4,
                                                                                              2007, State
                                                                                              effective date for
                                                                                              adopted 310 CMR
                                                                                              7.32 `` Mass-
                                                                                              achusetts Clean
                                                                                              Air Interstate
                                                                                              Rule (Mass
                                                                                              CAIR).''
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 7.36........  Transit system        12/13/06     07/31/08  73 FR 44654         136   Amendments to
                       improvements                                                           Transit System
                       regulation.                                                            Improvements
                                                                                              Regulation.
                      ...................   12/13/06     07/31/08  73 FR 44654         136   Massachusetts
                                                                                              Regulation Filing,
                                                                                              dated November 16,
                                                                                              2006,
                                                                                              substantiating
                                                                                              December 1, 2006,
                                                                                              State effective
                                                                                              date for amended
                                                                                              310 CMR 7.36
                                                                                              entitled ``Transit
                                                                                              System
                                                                                              Improvements.''
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 7.38........  Tunnel vent            7/12/06      2/15/08  73 FR 8818          134   Amendments to
                       certification                                                          Certification of
                       regulation.                                                            Tunnel Ventilation
                                                                                              Systems in the
                                                                                              Metropolitan
                                                                                              Boston Air
                                                                                              Pollution Control
                                                                                              District.
                                             7/12/06      2/15/08  73 FR 8818          134   Massachusetts
                                                                                              Regulation Filing,
                                                                                              dated December 13,
                                                                                              2005,
                                                                                              substantiating
                                                                                              December 30, 2005,
                                                                                              State effective
                                                                                              date for amended
                                                                                              310 CMR 7.38
                                                                                              ``Certification of
                                                                                              Tunnel Ventilation
                                                                                              Systems in the
                                                                                              Metropolitan
                                                                                              Boston Air
                                                                                              Pollution Control
                                                                                              District.''
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 7.40........  Low Emission          12/24/99     12/23/02  67 FR 78181         132   ``Low Emission
                       Vehicle Program.                                                       Vehicle Program''
                                                                                              (LEV II) except
                                                                                              for 310 CMR
                                                                                              7.40(2)(a)5, 310
                                                                                              CMR 7.40(2)(a)6,
                                                                                              310 CMR
                                                                                              7.40(2)(c)3, 310
                                                                                              CMR 7.40(10), and
                                                                                              310 CMR 7.40(12)

[[Page 158]]

 
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.
310 CMR 8.02........  Definitions........    7/25/90     10/04/02  67 FR 62187         120   Add a definition of
                                                                                              PM10.
310 CMR 8.03........  Criteria...........    7/25/90     10/04/02  67 FR 62187         120   Make PM10 the
                                                                                              particulate
                                                                                              criteria for
                                                                                              determining
                                                                                              emergeny episodes.
310 CMR 60.02.......  Regulations for the    5/14/99     11/15/00  65 FR 68900         122   Replaces
                       enhanced Motor                                                         requirements for I/
                       Vehicle Inspection                                                     M tests with
                       and Maintenance                                                        enhanced I/M test
                       Program.                                                               requirements.
540 CMR 4.00........  Periodic Annual        5/13/99     11/15/00  65 FR 68900         122   Revises
                       Staggered Safety                                                       Requirements for
                       and Emissions                                                          Inspections and
                       Inspection of                                                          Enforcement of I/M
                       Motor Vehicles.                                                        Program
----------------------------------------------------------------------------------------------------------------
Notes:
1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have
  been part of the Federal SIP before this date.
2. The regulations are effective statewide unless stated otherwise in comments or title section.


[49 FR 49454, Dec. 20, 1984]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1167, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



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

[[Page 159]]

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) Purpose and scope. This section sets forth the applicable State 
Implementation Plan (SIP) for Michigan under section 110 of the Clean 
Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet National Ambient Air 
Quality Standards.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c), (d), and (e) of this section with an EPA approval date prior to 
August 1, 2006, 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), (d), and (e) of this 
section with the EPA approval dates after August 1, 2006, will be 
incorporated by reference in the next update to the SIP compilation.
    (2) EPA Region 5 certifies that the rules/regulations provided by 
the 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 
August 1, 2006.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, Region 5, Air Programs 
Branch, 77 West Jackson Boulevard, Chicago, IL 60604; the EPA, Air and 
Radiation Docket and Information Center, EPA Headquarters Library, 
Infoterra Room (Room Number 3334), EPA West Building, 1301 Constitution 
Ave., NW., Washington, DC 20460, and the National Archives and Records 
Administration. If you wish to obtain materials from a docket in the EPA 
Headquarters Library, please call the Office of Air and Radiation (OAR) 
Docket/Telephone number: (202) 566-1742. For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (c) EPA approved regulations.

                                        EPA-Approved Michigan Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
        Michigan citation                  Title          effective     EPA approval date         Comments
                                                             date
----------------------------------------------------------------------------------------------------------------
                                                Annual Reporting
----------------------------------------------------------------------------------------------------------------
R 336.202........................  Annual reports......     11/11/86  3/8/94, 59 FR 10752.
----------------------------------------------------------------------------------------------------------------

[[Page 160]]

 
                                           Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
R 336.1101.......................  Definitions; A......      4/27/93  9/7/94, 59 FR 46182.  Only: actual
                                                                                             emissions, air-
                                                                                             dried coating, air
                                                                                             quality standard,
                                                                                             allowable
                                                                                             emissions, and
                                                                                             alternate opacity.
                                                             2/22/85  6/11/92, 57 FR 24752
R 336.1102.......................  Definitions; B......      5/27/02  2/24/03, 68 FR 8550.
R 336.1103.......................  Definitions; C......      4/27/93  9/7/94, 59 FR 46182.  Only: coating
                                                                                             category, 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.
                                                             2/22/85  6/11/92, 57 FR 24752
R 336.1104.......................  Definitions; D......      5/27/02  2/24/03, 68 FR 8550.
R 336.1105.......................  Definitions; E......      5/27/02  2/24/03, 68 FR 8550.
R 336.1106.......................  Definitions; F......      2/22/85  6/11/92, 57 FR 24752
R 336.1107.......................  Definitions; G......      5/27/02  2/24/03, 68 FR 8550.
R 336.1108.......................  Definitions; H......      5/27/02  2/24/03, 68 FR 8550.
R 336.1109.......................  Definitions; I......      8/21/81  7/26/82, 47 FR 32116
R 336.1112.......................  Definitions; L......      1/18/80  5/6/80, 45 FR 29790.
R 336.1113.......................  Definitions; M......      5/27/02  2/24/03, 68 FR 8550.
R 336.1114.......................  Definitions; N......      8/21/81  7/26/82, 47 FR 32116
R 336.1115.......................  Definitions; O......      8/21/81  7/26/82, 47 FR 32116
R 336.1116.......................  Definitions; P......      4/27/93  9/7/94, 59 FR 46182.  Only: packaging
                                                                                             rotogravure
                                                                                             printing, printed
                                                                                             interior panel,
                                                                                             process unit
                                                                                             turnaround,
                                                                                             publication
                                                                                             rotogravure
                                                                                             printing, and
                                                                                             pushside Removed:
                                                                                             pneumatic rubber
                                                                                             tire manufacturing.
                                                             2/22/85  6/11/92, 57 FR 24752  All except pneumatic
                                                                                             rubber tire
                                                                                             manufacturing,
                                                                                             which was removed 9/
                                                                                             7/94.
R 336.1118.......................  Definitions; R......      5/27/02  2/24/03, 68 FR 8550.
R 336.1119.......................  Definitions; S......      2/22/85  6/11/92, 57 FR 24752
R 336.1120.......................  Definitions; T......      5/27/02  2/24/03, 68 FR 8550.

[[Page 161]]

 
R 336.1121.......................  Definitions; U......      4/20/89  9/15/94, 59 FR 47254
R 336.1122.......................  Definitions; V......      3/13/03  2/9/04, 69 FR 5932..
R 336.1123.......................  Definitions; W......      8/21/81  7/26/82, 47 FR 32116
R 336.1127.......................  Terms defined in the      1/18/80  5/6/80, 45 FR 29790.
                                    act.
----------------------------------------------------------------------------------------------------------------
                                            Part 2. Air Use Approval
----------------------------------------------------------------------------------------------------------------
R 336.1201.......................  Permits to install..      1/18/80  5/6/80, 45 FR 29790.
R 336.1202.......................  Waivers of approval.      1/18/80  5/6/80, 45 FR 29790.
R 336.1203.......................  Information required      1/18/80  5/6/80, 45 FR 29790.
R 336.1204.......................  Authority of agents.      1/18/80  5/6/80, 45 FR 29790.
R 336.1206.......................  Processing of             1/18/80  5/6/80, 45 FR 29790.
                                    applications for
                                    other facilities.
R 336.1207.......................  Denial of permits to      1/18/80  5/6/80, 45 FR 29790.
                                    install.
R 336.1208.......................  Permits to operate..      1/18/80  5/6/80, 45 FR 29790.
R 336.1220.......................  Construction of           8/21/81  1/27/82, 47 FR 3764.
                                    sources of volatile
                                    organic compounds
                                    in ozone
                                    nonattainment
                                    areas; conditions
                                    for approval.
R 336.1221.......................  Construction of           7/17/80  1/12/82, 47 FR 1292.
                                    sources of
                                    particulate matter,
                                    sulfur dioxide, or
                                    carbon monoxide in
                                    or near
                                    nonattainment
                                    areas; conditions
                                    for approval.
R 336.1240.......................  Required air quality      1/18/80  5/6/80, 45 FR 29790.
                                    models.
R 336.1241.......................  Air quality modeling      1/18/80  5/6/80, 45 FR 29790.
                                    demonstration
                                    requirements.
R 336.1280.......................  Permit system             1/18/80  5/6/80, 45 FR 29790.
                                    exemptions; cooling
                                    and ventilation
                                    equipment.
R 336.1281.......................  Permit system             1/18/80  5/6/80, 45 FR 29790.
                                    exemptions;
                                    cleaning, washing
                                    and drying
                                    equipment.
R 336.1282.......................  Permit system             1/18/80  5/6/80, 45 FR 29790.
                                    exemptions; cooling
                                    and ventilation
                                    equipment.
R 336.1283.......................  Permit system             7/17/80  8/28/81, 46 FR 43422
                                    exemptions; testing
                                    and inspection
                                    equipment.
R 336.1284.......................  Permit system             1/18/80  5/6/80, 45 FR 29790.
                                    exemptions;
                                    containers.
R 336.1285.......................  Permit system             1/18/80  5/6/80, 45 FR 29790.
                                    exemptions;
                                    miscellaneous.
----------------------------------------------------------------------------------------------------------------
                        Part 3. Emission Limitations and Prohibitions--Particulate Matter
----------------------------------------------------------------------------------------------------------------
R 336.1301.......................  Standards for             3/19/02  6/1/06, 71 FR 31093.
                                    density of
                                    emissions.
R 336.1303.......................  Grading visible           3/19/02  6/1/06, 71 FR 31093.
                                    emissions.
R 336.1310.......................  Open burning........       2/3/99  6/28/02, 67 FR 43548
R 336.1330.......................  Electrostatic             3/19/02  6/1/06, 71 FR 31093.
                                    precipitation
                                    control systems.
R 336.1331.......................  Emissions of              3/19/02  6/1/06, 71 FR 31093.  All except Table 31,
                                    particulate matter.                                      section C.8.
                                                             1/18/80  5/22/81, 46 FR 27923  Only Table 31
                                                                                             Section C.7,
                                                                                             preheater
                                                                                             equipment.

[[Page 162]]

 
R 336.1349.......................  Coke oven compliance      2/22/85  6/11/92, 57 FR 24752
                                    date.
R 336.1350.......................  Emissions from larry-     2/22/85  6/11/92, 57 FR 24752
                                    car charging of
                                    coke ovens.
R 336.1351.......................  Charging hole             2/22/85  6/11/92, 57 FR 24752
                                    emissions from coke
                                    ovens.
R 336.1352.......................  Pushing operation         2/22/85  6/11/92, 57 FR 24752
                                    fugitive emissions
                                    from coke ovens.
R 336.1353.......................  Standpipe assembly        2/22/85  6/11/92, 57 FR 24752
                                    emissions during
                                    coke cycle from
                                    coke ovens.
R 336.1354.......................  Standpipe assembly        2/22/85  6/11/92, 57 FR 24752
                                    emissions during
                                    decarbonization
                                    from coke ovens.
R 336.1355.......................  Coke oven gas             1/18/80  5/55/81, 46 FR 27923
                                    collector main
                                    emissions from slot-
                                    type coke ovens.
R 336.1356.......................  Coke oven door            2/22/85  6/11/92, 57 FR 24752
                                    emissions from coke
                                    ovens; doors that
                                    are 5 meters or
                                    shorter.
R 336.1357.......................  Coke oven door            2/22/85  6/11/92, 57 FR 24752
                                    emissions from coke
                                    oven doors; doors
                                    that are taller
                                    than 5 meters.
R 336.1358.......................  Roof monitor visible      4/30/98  6/1/06, 71 FR 31093.
                                    emissions at steel
                                    manufacturing
                                    facilities from
                                    electric arc
                                    furnaces and blast
                                    furnaces.
R 336.1359.......................  Visible emissions         2/22/85  6/11/92, 57 FR 24752
                                    from scarfer
                                    operation stacks at
                                    steel manufacturing
                                    facilities.
R 336.1360.......................  Visible emissions         2/22/85  6/11/92, 57 FR 24752
                                    from coke oven push
                                    stacks.
R 336.1361.......................  Visible emissions         4/30/98  6/1/06, 71 FR 31093.
                                    from blast furnace
                                    casthouse
                                    operations at steel
                                    manufacturing
                                    facilities.
R 336.1362.......................  Visible emissions         4/30/98  6/1/06, 71 FR 31093.
                                    from electric arc
                                    furnace operations
                                    at steel
                                    manufacturing
                                    facilities.
R 336.1363.......................  Visible emissions         4/30/98  6/1/06, 71 FR 31093.
                                    from argon-oxygen
                                    decarburization
                                    operations at steel
                                    manufacturing
                                    facilities.
R 336.1364.......................  Visible emissions         2/22/85  6/11/92, 57 FR 24752
                                    from basic oxygen
                                    furnace operations.
R 336.1365.......................  Visible emissions         2/22/85  6/11/92, 57 FR 24752
                                    from hot metal
                                    transfer operations
                                    at steel
                                    manufacturing
                                    facilities.
R 336.1366.......................  Visible emissions         2/22/85  6/11/92, 57 FR 24752
                                    from hot metal
                                    desulphurization
                                    operations at steel
                                    manufacturing
                                    facilities.
R 336.1367.......................  Visible emissions         2/22/85  6/11/92, 57 FR 24752
                                    from sintering
                                    operations.
R 336.1370.......................  Collected air             2/17/81  11/15/82, 47 FR
                                    contaminants.                      51398.
R 336.1371.......................  Fugitive dust             3/19/02  6/1/06, 71 FR 31093.
                                    control programs
                                    other than areas
                                    listed in Table 36.
R 336.1372.......................  Fugitive dust             3/19/02  6/1/06, 71 FR 31093.
                                    control program;
                                    required
                                    activities; typical
                                    control methods.
R 336.1374.......................  Particulate matter        3/19/02  6/1/06, 71 FR 31093.
                                    contingency
                                    measures: Areas
                                    listed in Table 37.
----------------------------------------------------------------------------------------------------------------

[[Page 163]]

 
                     Part 4. Emission Limitations and Prohibitions--Sulfur-Bearing Compounds
----------------------------------------------------------------------------------------------------------------
R 336.1401.......................  Emissions of sulfur       3/19/02  6/1/06, 71 FR 31093.
                                    dioxide from power
                                    plants.
R 336.1402.......................  Emission of sulfur        1/18/80  5/6/80, 45 FR 29790.
                                    dioxide from fuel-
                                    burning sources
                                    other than power
                                    plants.
R 336.1403.......................  Oil- and natural gas-     3/19/02  6/1/06, 71 FR 31093.
                                    producing or
                                    transporting
                                    facilities and
                                    natural gas-
                                    processing
                                    facilities;
                                    emissions;
                                    operation.
R 336.1404.......................  Emissions of              1/18/80  5/6/80, 45 FR 29790.
                                    sulfuric acid mist
                                    from sulfuric acid
                                    plants.
----------------------------------------------------------------------------------------------------------------
     Part 6. Emission Limitations and Prohibitions--Existing Sources of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
R 336.1601.......................  Definitions.........      3/19/02  6/1/06, 71 FR 31093.
R 336.1602.......................  General provisions        4/10/00  6/28/02, 67 FR 43548
                                    for existing
                                    sources of volatile
                                    organic compound
                                    emissions.
R 336.1604.......................  Storage of organic        3/19/02  6/1/06, 71 FR 31093.
                                    compounds having a
                                    true vapor pressure
                                    of more than 1.5
                                    psia, but less than
                                    11 psia, in
                                    existing fixed roof
                                    stationary vessels
                                    of more than 40,000
                                    gallon capacity.
R 336.1605.......................  Storage of organic        3/19/02  6/1/06, 71 FR 31093.
                                    compounds having a
                                    true vapor pressure
                                    of 11 or more psia
                                    in existing
                                    stationary vessels
                                    of more than 40,000
                                    gallon capacity.
R 336.1606.......................  Loading gasoline          3/19/02  6/1/06, 71 FR 31093.
                                    into existing
                                    stationary vessels
                                    of more than 2,000
                                    gallon capacity at
                                    dispensing
                                    facilities handling
                                    250,000 gallons per
                                    year.
R 336.1607.......................  Loading gasoline          3/19/02  6/1/06, 71 FR 31093.
                                    into existing
                                    stationary vessels
                                    of more than 2,000
                                    capacity at loading
                                    facilities.
R 336.1608.......................  Loading gasoline          3/19/02  6/1/06, 71 FR 31093.
                                    into existing
                                    delivery vessels at
                                    loading facilities
                                    handling less than
                                    5,000,000 gallons
                                    per year.
R 336.1609.......................  Loading existing          4/20/89  9/15/94, 59 FR 47254
                                    delivery vessels
                                    with organic
                                    compounds having a
                                    true vapor pressure
                                    of more than 1.5
                                    psia at existing
                                    loading facilities
                                    handling 5,000,000
                                    or more gallons of
                                    such compounds per
                                    year.
R 336.1610.......................  Existing coating          4/27/93  9/7/94, 59 FR 46182.
                                    lines; emission of
                                    volatile organic
                                    compounds from
                                    existing
                                    automobile, light-
                                    duty truck, and
                                    other product and
                                    material coating
                                    lines.
R 336.1611.......................  Existing cold             6/13/97  7/21/99, 64 FR 39034
                                    cleaners.
R 336.1612.......................  Existing open top         6/13/97  7/21/99, 64 FR 39034
                                    vapor degreasers.
R 336.1613.......................  Existing                  6/13/97  7/21/99, 64 FR 39034
                                    conveyorized cold
                                    cleaners.
R 336.1614.......................  Existing                  6/13/97  7/21/99, 64 FR 39034
                                    conveyorized vapor
                                    degreasers.

[[Page 164]]

 
R 336.1615.......................  Existing vacuum-          3/19/02  6/1/06, 71 FR 31093.
                                    producing system at
                                    petroleum
                                    refineries.
R 336.1616.......................  Process unit              3/19/02  6/1/06, 71 FR 31093.
                                    turnarounds at
                                    petroleum
                                    refineries.
R 336.1617.......................  Existing organic          3/19/02  6/1/06, 71 FR 31093.
                                    compound-water
                                    separators at
                                    petroleum
                                    refineries.
R 336.1618.......................  Use of cutback            3/19/02  6/1/06, 71 FR 31093.
                                    paving asphalt.
R 336.1619.......................  Perchloroethylene;        3/19/02  6/1/06, 71 FR 31093.
                                    emission from
                                    existing dry
                                    cleaning equipment;
                                    disposal.
R 336.1620.......................  Emission of volatile      4/27/93  9/7/94, 59 FR 46182.
                                    organic compounds
                                    from the coating of
                                    flat wood paneling
                                    from existing
                                    coating lines.
R 336.1621.......................  Emission of volatile      4/27/93  9/7/94, 59 FR 46182.
                                    organic compounds
                                    from the coating of
                                    metallic surfaces
                                    from existing
                                    coating lines.
R 336.1622.......................  Emission of volatile      3/19/02  6/1/06, 71 FR 31093.
                                    organic compound
                                    from existing
                                    component of a
                                    petroleum refinery;
                                    refinery monitoring
                                    program.
R 336.1623.......................  Storage of petroleum      3/19/02  6/1/06, 71 FR 31093.
                                    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.
R 336.1624.......................  Emission of volatile     11/18/93  9/7/94, 59 FR 46182.
                                    organic compound
                                    from an existing
                                    graphic arts line.
R 336.1625.......................  Emission of volatile     11/30/00  6/1/06, 71 FR 31093.
                                    organic compound
                                    from existing
                                    equipment utilized
                                    in the
                                    manufacturing of
                                    synthesized
                                    pharmaceutical
                                    products.
R 336.1627.......................  Delivery Vessels;         2/22/06  8/3/07, 72 FR 43169.
                                    Vapor Collection
                                    Systems.
R 336.1628.......................  Emission of volatile      3/19/02  6/1/06, 71 FR 31093.
                                    organic compounds
                                    from components of
                                    existing process
                                    equipment used in
                                    manufacturing
                                    synthetic organic
                                    chemicals and
                                    polymers.
R 336.1629.......................  Emission of volatile      3/19/02  6/1/06, 71 FR 31093.
                                    organic compounds
                                    from components of
                                    existing process
                                    equipment used in
                                    processing natural
                                    gas; monitoring
                                    program.
R 336.1630.......................  Emission of volatile      3/19/02  6/1/06, 71 FR 31093.
                                    organic compounds
                                    from existing paint
                                    manufacturing
                                    processes.
R 336.1631.......................  Emission of volatile      3/19/02  6/1/06, 71 FR 31093.
                                    organic compounds
                                    from existing
                                    process equipment
                                    utilized in
                                    manufacture of
                                    polystyrene of
                                    other organic
                                    resins.

[[Page 165]]

 
R 336.1632.......................  Emission of volatile      4/27/93  9/7/94, 59 FR 46182.
                                    organic compounds
                                    form existing
                                    automobile, truck,
                                    and business
                                    machine plastic
                                    part coating lines.
R 336.1651.......................  Standards for             6/13/97  7/21/99, 64 FR 39034
                                    degreasers.
----------------------------------------------------------------------------------------------------------------
R 336.1660.......................  Standards for             1/29/07  10/26/07, 72 FR
                                    Volatile Organic                   60781.
                                    Compounds Emissions
                                    from Consumer
                                    Products.
R 336.1661.......................  Definitions for           1/29/07  10/26/07, 72 FR
                                    Consumer Products.                 60781 .
        Part 7. Emission Limitations and Prohibitions--New Sources of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
R 336.1702.......................  General provisions        3/19/02  6/1/06, 71 FR 31093.
                                    for new sources of
                                    volatile organic
                                    compound emissions.
R 336.1705.......................  Loading gasoline          3/19/02  6/1/06, 71 FR 31093.
                                    into delivery
                                    vessels at new
                                    loading facilities
                                    handling less than
                                    5,000,000 gallons
                                    per year.
R 336.1706.......................  Loading delivery          6/13/97  7/21/99, 64 FR 39034
                                    vessels with
                                    organic compounds
                                    having a true vapor
                                    pressure of more
                                    than 1.5 psia at
                                    new loading
                                    facilities handling
                                    5,000,000 or more
                                    gallons of such
                                    compounds per year.
R 336.1707.......................  New cold cleaners...      6/13/97  7/21/99, 64 FR 39034
R 336.1708.......................  New open top vapor        6/13/97  7/21/99, 64 FR 39034
                                    degreasers.
R 336.1709.......................  New conveyorized          6/13/97  7/21/99, 64 FR 39034
                                    cold cleaners.
R 336.1710.......................  New conveyorized          6/13/97  7/21/99, 64 FR 39034
                                    vapor degreasers.
----------------------------------------------------------------------------------------------------------------
                        Part 8. Emission Limitations and Prohibitions--Oxides of Nitrogen
----------------------------------------------------------------------------------------------------------------
R 336.1802.......................  Applicability under       5/20/04  12/23/04, 69 FR
                                    oxides of nitrogen                 76848.
                                    budget trading
                                    program.
R 336.1802a......................  Adoption by               6/25/07  12/20/07, 72 FR
                                    reference.                         72256.
R 336.1803.......................  Definitions.........      6/25/07  12/20/07, 72 FR
                                                                       72256.
R 336.1804.......................  Retired unit              5/20/04  12/23/04, 69 FR
                                    exemption from                     76848.
                                    oxides of nitrogen
                                    budget trading
                                    program.
R 336.1805.......................  Standard                  12/4/02  12/23/04, 69 FR
                                    requirements of                    76848.
                                    oxides of nitrogen
                                    budget trading
                                    program.
R 336.1806.......................  Computation of time       12/4/02  12/23/04, 69 FR
                                    under oxides of                    76848.
                                    nitrogen budget
                                    trading program.
R 336.1807.......................  Authorized account        12/4/02  12/23/04, 69 FR
                                    representative                     76848.
                                    under oxides of
                                    nitrogen budget
                                    trading program.
R 336.1808.......................  Permit requirements       12/4/02  12/23/04, 69 FR
                                    under oxides of                    76848.
                                    nitrogen budget
                                    trading program.
R 336.1809.......................  Compliance                12/4/02  12/23/04, 69 FR
                                    certification under                76848.
                                    oxides of nitrogen
                                    budget trading
                                    program.
R 336.1810.......................  Allowance                 12/4/02  12/23/04, 69 FR
                                    allocations under                  76848.
                                    oxides of nitrogen
                                    budget trading
                                    program.

[[Page 166]]

 
R 336.1811.......................  New source set-aside      5/20/04  12/23/04, 69 FR
                                    under oxides of                    76848.
                                    nitrogen budget
                                    trading program.
R 336.1812.......................  Allowance tracking        12/4/02  12/23/04, 69 FR
                                    system and                         76848.
                                    transfers under
                                    oxides of nitrogen
                                    budget trading
                                    program.
R 336.1813.......................  Monitoring and            12/4/02  12/23/04, 69 FR
                                    reporting                          76848.
                                    requirements under
                                    oxides of nitrogen
                                    budget trading
                                    program.
R 336.1814.......................  Individual opt-ins        12/4/02  12/23/04, 69 FR
                                    under oxides of                    76848.
                                    nitrogen budget
                                    trading program.
R 336.1815.......................  Allowance banking         12/4/02  12/23/04, 69 FR
                                    under oxides of                    76848.
                                    nitrogen budget
                                    trading program.
R 336.1816.......................  Compliance                12/4/02  12/23/04, 69 FR
                                    supplement pool                    76848.
                                    under oxides of
                                    nitrogen budget
                                    trading program.
R 336.1817.......................  Emission limitations      12/4/02  12/23/04, 69 FR
                                    and restrictions                   76848.
                                    for Portland cement
                                    kilns.
R 336.1818.......................  Emission limitations     11/20/06  1/29/08, 73 FR 5101.
                                    for stationary
                                    internal combustion
                                    engines.
R 336.1821.......................  CAIR NOX ozone and        6/25/07  12/20/07, 72 FR
                                    annual trading                     72256.
                                    programs;
                                    applicability
                                    determinations.
R 336.1822.......................  CAIR NOX ozone            6/25/07  12/20/07, 72 FR
                                    season trading                     72256.
                                    program; allowance
                                    allocations.
R 336.1823.......................  New EGUs, new non-        6/25/07  12/20/07, 72 FR
                                    EGUs, and newly                    72256.
                                    affected EGUs under
                                    CAIR NOX ozone
                                    season trading
                                    program; allowance
                                    allocations.
R 336.1824.......................  CAIR NOX ozone            6/25/07  12/20/07, 72 FR
                                    season trading                     72256.
                                    program; hardship
                                    set-aside.
R 336.1825.......................  CAIR NOX ozone            6/25/07  12/20/07, 72 FR
                                    season trading                     72256.
                                    program; renewable
                                    set-aside.
R 336.1826.......................  CAIR NOX ozone            6/25/07  12/20/07, 72 FR
                                    season trading                     72256.
                                    program; opt-in
                                    provisions.
R 336.1830.......................  CAIR NOX annual           6/25/07  12/20/07, 72 FR
                                    trading program;                   72256.
                                    allowance
                                    allocations.
R 336.1831.......................  New EGUs under CAIR       6/25/07  12/20/07, 72 FR
                                    NOX annual trading                 72256.
                                    program; allowance
                                    allocations.
R 336.1832.......................  CAIR NOX annual           6/25/07  12/20/07, 72 FR
                                    trading program;                   72256.
                                    hardship set-aside.
R 336.1833.......................  CAIR NOX annual           6/25/07  12/20/07, 72 FR
                                    trading program;                   72256.
                                    compliance
                                    supplement pool.
R 336.1834.......................  Opt-in provisions         6/25/07  12/20/07, 72 FR
                                    under the CAIR NOX                 72256.
                                    annual trading
                                    program.
                          Part 9. Emission Limitations and Prohibitions--Miscellaneous
----------------------------------------------------------------------------------------------------------------
R 339.1901.......................  Air contaminant or        1/18/80  5/6/80, 45 FR 29790.
                                    water vapor, when
                                    prohibited.
R 339.1906.......................  Diluting and              3/19/02  6/1/06, 71 FR 31093.
                                    concealing
                                    emissions.
R 339.1910.......................  Air-cleaning devices      1/18/80  5/6/80, 45 FR 29790.
R 339.1911.......................  Malfunction               3/19/02  6/1/06, 71 FR 31093.
                                    abatement plans.

[[Page 167]]

 
R 336.1912.......................  Abnormal conditions,  7/26/95, as  10/26/07, 72 FR
                                    start-up, shutdown,  corrected 6/  60783.
                                    and malfunction of          1/07
                                    a source, process,
                                    or process
                                    equipment,
                                    operating,
                                    notification, and
                                    reporting
                                    requirements.
R 339.1915.......................  Enforcement               5/27/02  2/24/03, 68 FR 8550.
                                    discretion in
                                    instances of excess
                                    emission resulting
                                    from malfunction,
                                    start-up, or
                                    shutdown.
R 339.1916.......................  Affirmative defense       5/27/02  2/24/03, 68 FR 8550.
                                    for excess
                                    emissions during
                                    start-up or
                                    shutdown.
R 339.1930.......................  Emission of carbon        3/19/02  6/1/06, 71 FR 31093.
                                    monoxide from
                                    ferrous cupola
                                    operations.
----------------------------------------------------------------------------------------------------------------
                                   Part 10. Intermittent Testing and Sampling
----------------------------------------------------------------------------------------------------------------
R 336.2001.......................  Performance tests by      3/19/02  6/1/06, 71 FR 31093,
                                    owner.                             6/1/06 71 FR 31093.
R 336.2002.......................  Performance tests by      3/19/02  6/1/06, 71 FR 31093.
                                    commission.
R 336.2003.......................  Performance test          3/19/02  6/1/06, 71 FR 31093.
                                    criteria.
R 336.2004.......................  Appendix A;               2/22/06  8/3/07, 72 FR 43169.
                                    reference test
                                    methods; adoption
                                    of federal
                                    reference test
                                    methods.
R 336.2005.......................  Reference test            2/22/06  8/3/07, 72 FR 43169.
                                    methods for state-
                                    requested tests of
                                    delivery vessels.
R 336.2006.......................  Reference test            4/27/93  9/7/94, 59 FR 46182.
                                    method serving as
                                    alternate version
                                    of federal
                                    reference test
                                    method 25 by
                                    incorporating Byron
                                    analysis.
R 336.2007.......................  Alternate version of      3/19/02  6/1/06, 71 FR 31093.
                                    procedure L,
                                    referenced in R
                                    336.2040(10).
R 336.2011.......................  Reference test            4/29/05  6/1/06, 71 FR 31093.
                                    method 5B.
R 336.2012.......................  Reference test           10/15/04  6/1/06, 71 FR 31093.
                                    method 5C.
R 336.2013.......................  Reference test            3/19/02  6/1/06, 71 FR 31093.
                                    method 5D.
R 336.2014.......................  Reference test           10/15/04  6/1/06, 71 FR 31093.
                                    method 5E.
R 336.2021.......................  Figures.............      3/19/02  6/1/06, 71 FR 31093.
R 336.2030.......................  Reference test            2/22/85  6/11/92, 57 FR 24752
                                    method 9A.
R 336.2031.......................  Reference test            2/22/85  6/11/92, 57 FR 24752
                                    method 9B.
R 336.2032.......................  Reference test            2/22/85  6/11/92, 57 FR 24752
                                    method 9C.
R 336.2033.......................  Test methods for          2/22/85  6/11/92, 57 FR 24752
                                    coke oven quench
                                    towers.
R 336.2040.......................  Method for                3/19/02  6/1/06, 71 FR 31093.  All except sections
                                    determination of                                         (9) and (10).
                                    volatile organic
                                    compound emissions
                                    from coating lines
                                    and graphic arts
                                    lines.
R 336.2041.......................  Recording                 4/27/93  9/7/94, 59 FR 46182.
                                    requirements for
                                    coating lines and
                                    graphic arts lines.
----------------------------------------------------------------------------------------------------------------

[[Page 168]]

 
                                     Part 11. Continuous Emission Monitoring
----------------------------------------------------------------------------------------------------------------
R 336.2101.......................  Continuous emission       3/19/02  6/1/06, 71 FR 31093.
                                    monitoring, fossil
                                    fuel-fired steam
                                    generators.
R 336.2102.......................  Continuous emission       1/18/80  11/2/88, 53 FR 44189
                                    monitoring,
                                    sulfuric acid-
                                    producing
                                    facilities.
R 336.2103.......................  Continuous emission       1/18/80  11/2/88, 53 FR 44189
                                    monitoring, fluid
                                    bed catalytic
                                    cracking unit
                                    catalyst
                                    regenerators at
                                    petroleum
                                    refineries.
R 336.2150.......................  Performance               3/19/02  6/1/06, 71 FR 31093.
                                    specifications for
                                    continuous emission
                                    monitoring systems.
R 336.2151.......................  Calibration gases         1/18/80  11/2/88, 53 FR 44189
                                    for continuous
                                    emission monitoring
                                    systems.
R 336.2152.......................  Cycling time for          1/18/80  11/2/88, 53 FR 44189
                                    continuous emission
                                    monitoring systems.
R 336.2153.......................  Zero and drift for        1/18/80  11/2/88, 53 FR 44189
                                    continuous emission
                                    monitoring systems.
R 336.2154.......................  Instrument span for       1/18/80  11/2/88, 53 FR 44189
                                    continuous emission
                                    monitoring systems.
R 336.2155.......................  Monitor location for      3/19/02  6/1/06, 71 FR 31093.
                                    continuous emission
                                    monitoring systems.
R 336.2159.......................  Alternative               3/19/02  6/1/06, 71 FR 31093.
                                    continuous emission
                                    monitoring systems.
R 336.2170.......................  Monitoring data           3/19/02  6/1/06, 71 FR 31093.
                                    reporting and
                                    recordkeeping.
R 336.2175.......................  Data reduction           11/15/04  6/1/06, 71 FR 31093.
                                    procedures for
                                    fossil fuel-fired
                                    steam generators.
R 336.2176.......................  Data reduction            1/18/80  11/2/88, 53 FR 44189
                                    procedures for
                                    sulfuric acid
                                    plants.
R 336.2189.......................  Alternative data          3/19/02  6/1/06, 71 FR 31093.
                                    reporting or
                                    reduction
                                    procedures.
R 336.2190.......................  Monitoring System         3/19/02  6/1/06, 71 FR 31093.
                                    Malfunctions.
R 336.2199.......................  Exemptions from           1/18/80  11/2/88, 53 FR 44189  All except section
                                    continuous emission                                      (c).
                                    monitoring
                                    requirements.
----------------------------------------------------------------------------------------------------------------
                                 Part 16. Organization, Operation and Procedures
----------------------------------------------------------------------------------------------------------------
R 336.2606.......................  Declaratory rulings       1/18/80  11/2/88, 53 FR 44189
                                    requests.
R 336.2607.......................  Consideration and         1/18/80  11/2/88, 53 FR 44189
                                    disposition of
                                    declaratory rulings
                                    requests.
----------------------------------------------------------------------------------------------------------------
                                                Part 17. Hearings
----------------------------------------------------------------------------------------------------------------
R 336.2701.......................  Procedures from           4/10/00  6/28/02, 67 FR 43548
                                    Administrative
                                    Procedures Act.
R 336.2702.......................  Service of notices        4/10/00  6/28/02, 67 FR 43548
                                    and orders;
                                    appearances.
R 336.2704.......................  Hearing                   1/18/80  11/2/88, 53 FR 44189
                                    commissioner's
                                    hearings.
R 336.2705.......................  Agency files and          1/18/80  11/2/88, 53 FR 44189
                                    records, use in
                                    connection with
                                    hearings.
R 336.2706.......................  Commission hearings       1/18/80  11/2/88, 53 FR 44189
                                    after hearing
                                    commissioner
                                    hearings.
----------------------------------------------------------------------------------------------------------------

[[Page 169]]

 
                                                Executive Orders
----------------------------------------------------------------------------------------------------------------
1991-31..........................  Commission of              1/7/92  11/6/97, 62 FR 59995  Introductory and
                                    Natural Resources,                                       concluding words of
                                    Department of                                            issuance; Title I:
                                    Natural Resources,                                       General, Part A
                                    Michigan Department                                      Sections 1, 2, 4 &
                                    of Natural                                               5 and Part B; Title
                                    Resources,                                               III: Environmental
                                    Executive                                                Protection, Part A
                                    Reorganization.                                          Sections 1 & 2 and
                                                                                             Part D; Title IV:
                                                                                             Miscellaneous,
                                                                                             Parts A & B, Part C
                                                                                             Sections 1, 2 & 4
                                                                                             and Part D.
1995-18..........................  Michigan Department       9/30/95  11/6/97, 62 FR 59995  Introductory and
                                    of Environmental                                         concluding words of
                                    Quality, Michigan                                        issuance;
                                    Department of                                            Paragraphs 1, 2,
                                    Natural Resources,                                       3(a) & (g), 4, 7,
                                    Executive                                                8, 9, 10, 11, 12,
                                    Reorganization.                                          13, 15, 16, 17, and
                                                                                             18.
----------------------------------------------------------------------------------------------------------------
                                                 State Statutes
----------------------------------------------------------------------------------------------------------------
Act 250 of 1965, as amended......  Tax Exemption Act...         1972  5/31/72, 37 FR 10841
Act 348 of 1965, as amended......  Air Pollution Act...         1972  5/31/72, 37 FR 10841
Act 348 of 1965, as amended......  Air Pollution Act...         1986  2/17/88, 53 FR 4622.  Only section 7a.
Act 348 of 1965, as amended......  Air Pollution Act...         1990  3/8/94, 59 FR 10752.  Only sections 5 and
                                                                                             14a.
Act 127 of 1970..................  Michigan                  7/27/70  5/31/72, 37 FR 10841
                                    Environmental
                                    Protection Act.
Act 283 of 1964, as amended......  Weights and Measures      8/28/64  5/5/97, 62 FR 24341.  Only chapter 290,
                                    Act.                                                     sections 613 and
                                                                                             615.
Act 44 of 1984, as amended.......  Michigan Motor Fuels     11/13/93  5/5/97, 62 FR 24341.  Only chapter 290,
                                    Quality Act.                                             sections 642, 643,
                                                                                             645, 646, 647, and
                                                                                             649.
Act 12 of 1993...................  Small Business Clean       4/1/93  6/3/94, 59 FR 28785.
                                    Air Assistance Act.
Act 451 of 1994, as amended......  Natural Resources         3/30/95  2/10/98, 63 FR 6650.  Only sections
                                    and Environmental                                        324.5524 and
                                    Protection Act.                                          324.5525.
House Bill 4165..................  Motor Vehicle            11/13/93  2/21/96, 61 FR 31831
                                    Emissions
                                    Inspection and
                                    Maintenance Program
                                    Act.
House Bill 4898..................  An Act to amend          11/13/93  10/11/94, 59 FR
                                    section 3 of Act 44                51379.
                                    of 1984.
House Bill 5016..................  Motor Vehicle            11/13/93  3/7/95, 60 FR 12459.
                                    Emissions Testing
                                    Program Act.
House Bill 5508..................  Amendment to Motor        4/06/06  3/2/07, 72 FR 4432..
                                    Fuels Quality Act,
                                    Act 44 of 1984.
Senate Bill 726..................  An Act to amend          11/13/93  9/7/94, 59 FR 46182.
                                    sections 2, 5, 6,
                                    7, and 8 of Act 44
                                    of 1984.
----------------------------------------------------------------------------------------------------------------
                                                Local Regulations
----------------------------------------------------------------------------------------------------------------
City of Grand Rapids Ordinance 72- City of Grand Rapids         1972  5/31/72, 57 FR 10841  Ordinance amends
 34.                                Air Pollution                                            sections 9.35 and
                                    Control Regulations.                                     9.36 of article 4,
                                                                                             Chapter 151 Title
                                                                                             IX of the Code of
                                                                                             the City of Grand
                                                                                             Rapids.
Muskegon County Air Pollution      Muskegon County Air       3/27/73  5/16/84, 49 FR 20650  Only article 14,
 Control Rules.                     Pollution Control                                        section J.
                                    Rules and
                                    Regulations, as
                                    amended.
Wayne County Air Pollution         Wayne County Air          3/20/69  5/16/80, 45 FR 29790
 Control Regulations.               Pollution Control
                                    Regulations.
Wayne County variance............  Minutes from 1981         9/18/81  5/16/80, 45 FR 29790
                                    board meeting.

[[Page 170]]

 
Wayne County Air Pollution         Wayne County Air         11/18/85  5/13/93, 58 FR 28359  Only: chapters 1, 2,
 Control Ordinance.                 Pollution Control                                        3, 5 (except for
                                    Ordinance.                                               the portions of
                                                                                             section 501 which
                                                                                             incorporate by
                                                                                             reference the
                                                                                             following parts of
                                                                                             the state rules:
                                                                                             the quench tower
                                                                                             limit in R
                                                                                             336.1331, Table 31,
                                                                                             section C.8; the
                                                                                             deletion of the
                                                                                             limit in R 336.1331
                                                                                             for coke oven coal
                                                                                             preheater
                                                                                             equipment; and R
                                                                                             336.1355), 8
                                                                                             (except section
                                                                                             802), 9, 11, 12,
                                                                                             13, and appendices
                                                                                             A and D.
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved state source-specific requirements.

                                EPA-Approved Michigan Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
                                                            State
          Name of source                 Order No.        effective     EPA approval date         Comments
                                                             date
----------------------------------------------------------------------------------------------------------------
Allied Signal, Inc., Detroit Tar   4-1993..............     10/12/94  1/17/95, 60 FR 3346.
 Plant, Wayne County.
American Colloid Plant...........  Permit 341-79.......     12/18/79  9/15/83, 48 FR 41403
American Colloid Plant...........  Permit 375-79.......     11/23/79  9/15/83, 48 FR 41403
Asphalt Products Company, Plant    5-1993..............     10/12/94  1/17/95, 60 FR 3346.
 5A, Wayne County.
Clark Oil and Refining             6-1981..............      6/24/82  12/13/82, 47 FR
 Corporation, Calhoun County.                                          55678.
Clawson Concrete Company, Plant    6-1993..............     10/12/94  1/17/95, 60 FR 3346.
 1, Wayne County.
Conoco, Inc., Berrien County.....  17-1981.............      9/28/81  2/17/82, 47 FR 6828.
Consumers Power Company, B. C.     6-1979..............     12/10/79  5/1/81, 46 FR 24560.
 Cobb Plant, Muskegon County.
Consumers Power Company, J.H.      12-1984.............      10/1/84  1/12/87, 52 FR 1183.
 Campbell Plant, Units 1 and 2,
 Ottawa County.
Continental Fibre Drum, Inc.,      14-1987.............      12/9/87  6/11/92, 57 FR 24752
 Midland County.
Cummings-Moore Graphite Company,   7-1993..............     10/12/94  1/17/95, 60 FR 3346.
 Wayne County.
CWC Castings Division of Textron,  12-1979.............      2/15/80  5/16/84, 49 FR 20650
 Muskegon County.
Delray Connecting Railroad         8-1993..............     10/12/94  1/17/95, 60 FR 3346.
 Company, Wayne County.
Detroit Edison Company, Boulevard  7-1981..............      4/28/81  5/4/82, 47 FR 19133.
 Heating Plant, Wayne County.
Detroit Edison Company, City of    4-1978..............     11/14/78  8/25/80, 45 FR 56344
 St. Clair, St. Clair County.
Detroit Edison Company, Monroe     9-1977..............       7/7/77  12/21/79, 44 FR
 County.                                                               75635 (correction:
                                                                       3/20/80, 45 FR
                                                                       17997).
Detroit Edison Company, River      9-1993..............     10/12/94  1/17/95, 60 FR 3346.
 Rouge Power Plant, Wayne County.
Detroit Edison Company, Sibley     10-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Quarry, Wayne County.

[[Page 171]]

 
Detroit Water and Sewerage         11-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Department, Wastewater Treatment
 Plant, Wayne County.
Diamond Crystal Salt Company, St.  13-1982.............       9/8/82  3/14/83, 48 FR 9256.
 Clair County.
Dow Chemical Company, Midland      12-1981.............      6/15/81  3/24/82, 47 FR 12625
 County.
Dow Chemical Company, West Side    19-1981.............      7/21/81  3/24/82, 47 FR 12625  Only sections A(3),
 and South Side Power Plants,                                                                B, C, D, and E.
 Midland County.
Dundee Cement Company, Monroe      8-1979..............     10/17/79  8/11/80, 45 FR 53137
 County.
Dundee Cement Company, Monroe      16-1980.............     11/19/80  12/3/81, 46 FR 58673
 County.
Eagle Ottawa Leather Company,      7-1994..............      7/13/94  10/23/95, 60 FR
 Ottawa County.                                                        54308.
Edward C. Levy Company, Detroit    15-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Lime Company, Wayne County.
Edward C. Levy Company, Plant      16-1993.............     10/12/94  1/17/95, 60 FR 3346.
 1, Wayne County.
Edward C. Levy Company, Plant      17-1993.............     10/12/94  1/17/95, 60 FR 3346.
 3, Wayne County.
Edward C. Levy Company, Plant      19-1993.............     10/12/94  1/17/95, 60 FR 3346.
 4 and 5, Wayne County.
Edward C. Levy Company, Plant      18-1993.............     10/12/94  1/17/95, 60 FR 3346.
 6, Wayne County.
Edward C. Levy Company, Scrap Up-  20-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Grade Facility, Wayne County.
Enamalum Corporation, Oakland      6-1994..............      6/27/94  2/21/96, 61 FR 6545.
 County.
Ferrous Processing and Trading     12-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Company, Wayne County.
Ford Motor Company, Rouge          13-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Industrial Complex, Wayne County.
Ford Motor Company, Utica Trim     39-1993.............     11/12/93  9/7/94, 59 FR 46182.
 Plant, Macomb County.
Ford Motor Company, Vulcan Forge,  14-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Wayne County.
General Motors Corporation,        18-1981.............      7/28/83  5/16/84, 49 FR 20649  Original order
 Warehousing and Distribution                                                                effective 12/1/81,
 Division, Genesee County.                                                                   as altered
                                                                                             effective 7/28/83.
General Motors Corporation, Buick  10-1979.............       5/5/80  2/10/82, 47 FR 6013.
 Motor Division Complex, Flint,
 Genesee County.
General Motors Corporation, Buick  8-1982..............       4/2/84  8/22/88, 53 FR 31861  Original order
 Motor Division, Genesee County.                                                             effective 7/12/82,
                                                                                             as altered
                                                                                             effective 4/2/82.
General Motors Corporation,        12-1982.............      7/22/82  7/5/83, 48 FR 31022.
 Cadillac Motor Car Division,
 Wayne County.
General Motors Corporation,        8-1983..............       6/9/83  12/13/85, 50 FR       Supersedes paragraph
 Central Foundry Division,                                             50907.                7.F of order 6-
 Saginaw Malleable Iron Plant,                                                               1980.
 Saginaw County.
General Motors Corporation,        6-1980..............      7/30/82  8/15/83, 48 FR 36818  Paragraph 7.F
 Central Foundry Division,                                                                   superseded by order
 Saginaw Malleable Iron Plant,                                                               8-1983. Original
 Saginaw County.                                                                             order effective 6/3/
                                                                                             80, as altered
                                                                                             effective 7/30/82.
General Motors Corporation,        10-1982.............      7/12/82  7/5/83, 48 FR 31022.
 Chevrolet Flint Truck Assembly,
 Genesee County.

[[Page 172]]

 
General Motors Corporation,        1-1980..............      4/16/80  2/10/82, 47 FR 6013.
 Chevrolet Motor Division,
 Saginaw Grey Iron Casting Plant
 and Nodular Iron Casting Plant,
 Saginaw County.
General Motors Corporation,        11-1982.............      7/22/82  7/5/83, 48 FR 31022.
 Fisher Body Division, Fleetwood,
 Wayne County.
General Motors Corporation,        9-1982..............      7/12/82  7/5/83, 48 FR 31022.
 Fisher Body Division, Flint No.
 1, Genesee County.
General Motors Corporation, GM     5-1983..............       5/5/83  12/13/84, 49 FR 5345
 Assembly Division, Washtenaw
 County.
General Motors Corporation, Hydra- 3-1982..............      6/24/82  3/4/83, 48 FR 9256..
 Matic Division, Washtenaw County.
General Motors Corporation,        4-1983..............       5/5/83  12/13/84, 49 FR 5345
 Oldsmobile Division, Ingham
 County.
Hayes-Albion Corporation Foundry,  2-1980..............       2/2/82  48 FR 41403.........  Original order
 Calhoun County.                                                                             effective 2/15/80,
                                                                                             as altered
                                                                                             effective 2/2/82.
J. H. Campbell Plant, Ottawa       5-1979..............       2/6/80  12/24/80, 45 FR       Original order
 County.                                                               85004 (correction:    effective 6/25/79,
                                                                       3/16/81 46 FR         as altered
                                                                       16895).               effective 2/6/80.
Keywell Corporation, Wayne County  31-1993.............     10/12/94  1/17/95, 60 FR 3346.
Lansing Board of Water and Light.  4-1979..............      5/23/79  12/17/80, 45 FR       All except sections
                                                                       82926.                7 A, B, C1, D, E,
                                                                                             F, and section 8.
Marathon Oil Company, Muskegon     16-1981.............      7/31/81  2/22/82, 47 FR 7661.
 County.
Marblehead Lime Company, Brennan   21-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Avenue Plant, Wayne County.
Marblehead Lime Company, River     22-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Rouge Plant, Wayne County.
McLouth Steel Company, Trenton     23-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Plant, Wayne County.
Michigan Foundation Company,       24-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Cement Plant, Wayne County.
Michigan Foundation Company,       25-1993.............     10/12/94  1/17/95.60 FR 3346..
 Sibley Quarry, Wayne County.
Monitor Sugar Company, Bay County  21-1981.............     10/29/81  5/19/82, 47 FR 21534
Morton International, Inc.,        26-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Morton Salt Division, Wayne
 County.
National Steel Corporation, Great  27-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Lakes Division, Wayne County.
National Steel Corporation,        28-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Transportation and Materials
 Handling Division, Wayne County.
New Haven Foundry, Inc., Macomb    12-1980.............      8/14/80  2/10/82, 47 FR 6013.
 County.
Northern Michigan Electric         16-1979.............      1/10/80  46 FR 34584.........
 Cooperative Advance Steam Plant,
 Charlevoix County.
Packaging Corporation of America,  23-1984.............       7/8/85  5/4/87, 52 FR 16246.
 Manistee County.
Peerless Metal Powders,            29-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Incorporated, Wayne County.
Rouge Steel Company, Wayne County  30-1993.............     10/12/94  1/17/95, 60 FR 3346.

[[Page 173]]

 
S. D. Warren Company, Muskegon...  9-1979..............     10/31/99  1/27/81, 46 FR 8476.
St. Marys Cement Company, Wayne    32-1993.............     10/12/94  1/17/95, 60 FR 3346.
 County.
Traverse City Board of Light and   23-1981.............       1/4/82  5/19/82, 47 FR 21534
 Power, Grand Traverse County.
Union Camp Corporation, Monroe     14-1979.............       1/3/80  5/14/81, 46 FR 26641
 County.
United States Gypsum Company,      33-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Wayne County.
VCF Films, Inc., Livingston        3-1993..............      6/21/93  9/7/94, 59 FR 46182.
 County.
Woodbridge Corporation, Washtenaw  40-1993.............     11/12/93  9/7/94, 59 FR 46182.
 County.
Wyandotte Municipal Power Plant,   34-1993.............     10/12/94  1/17/95, 60 FR 3346.
 Wayne County.
----------------------------------------------------------------------------------------------------------------

    (e) EPA approved nonregulatory and quasi-regulatory provisions.

                       EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                  Applicable
  Name of nonregulatory SIP      geographic or                                  EPA approval
          provision              nonattainment       State submittal date           date            Comments
                                     area
----------------------------------------------------------------------------------------------------------------
Implementation plan for the    Statewide.......  2/3/72                       5/31/72, 37 FR    Sections
 control of suspended                                                          10841.            include: Air
 particulates, sulfur oxides,                                                                    quality control
 carbon monoxide,                                                                                regions, legal
 hydrocarbons, nitrogen                                                                          authority, air
 oxides, and photochemical                                                                       quality data,
 oxidants in the state of                                                                        emission data,
 Michigan.                                                                                       control
                                                                                                 strategy,
                                                                                                 control
                                                                                                 regulations,
                                                                                                 compliance
                                                                                                 plans and
                                                                                                 schedules,
                                                                                                 prevention of
                                                                                                 air pollution
                                                                                                 emergency
                                                                                                 episodes, air
                                                                                                 quality
                                                                                                 surveillance
                                                                                                 program,
                                                                                                 control of
                                                                                                 emission
                                                                                                 sources,
                                                                                                 organization
                                                                                                 and resources,
                                                                                                 and
                                                                                                 intergovernment
                                                                                                 al cooperation.
Reevaluation of control        Berrien and       3/3/72                       10/28/72, 37 FR
 strategies.                    Ingham Counties.                               23085.
Reasons and justifications...  Statewide.......  7/12/72                      10/28/72, 37 FR   Concerning
                                                                               23085.            general
                                                                                                 requirements of
                                                                                                 control
                                                                                                 strategy for
                                                                                                 nitrogen
                                                                                                 dioxide,
                                                                                                 compliance
                                                                                                 schedules, and
                                                                                                 review of new
                                                                                                 sources and
                                                                                                 modifications.
Public availability of         Statewide.......  7/24/72                      10/28/72, 37 FR
 emissions data.                                                               23085.
Compliance schedules.........  Alpena, Baraga,   5/4/73, 9/19/73, 10/23/73,   8/5/74, 39 FR
                                Charlevoix,       and 12/13/73                 28155.
                                Huron, Ionia,
                                Marquette,
                                Midland,
                                Muskegon,
                                Oakland,
                                Otsego, and St.
                                Clair Counties.

[[Page 174]]

 
Compliance schedules.........  Allegan, Eaton,   2/16/73 and 5/4/73           9/10/74, 39 FR
                                Emmet, Genesee,                                32606.
                                Huron, Ingham,
                                Macomb, Monroe,
                                Ottawa,
                                Saginaw, and
                                St. Clair
                                Counties.
Air quality maintenance area   Macomb, Oakland,  6/27/74 and 10/18/74         6/2/75, 40 FR
 identifications for            Wayne and                                      23746.
 particulate matter.            Monroe Counties.
Carbon monoxide control        Saginaw area....  4/25/79                      5/6/80, 45 FR
 strategy.                                                                     29790.
Ozone attainment               Flint, Lansing    4/25/79, 7/25/79, 10/12/79,  6/2/80, 45 FR
 demonstrations and             and Grand         10/26/79, 11/8/79, 12/26/    37188.
 transportation control plans.  Rapids urban      79
                                areas.
Transportation control plans.  Detroit urban     4/25/79, 7/25/79, 10/12/79,  6/2/80, 45 FR
                                area.             10/26/79, 11/8/79, 12/26/    37188.
                                                  79
Ozone control strategy for     Marquette,        4/25/79, 7/25/79, 10/12/79,  6/2/80, 45 FR
 rural ozone nonattainment      Muskegon,         10/26/79, 11/8/79, 12/26/    37188.
 areas.                         Gratiot,          79
                                Midland,
                                Saginaw, Bay,
                                Tuscola, Huron,
                                Sanilac,
                                Ottawa, Ionia,
                                Shiawassee,
                                Lapeer,
                                Allegan, Barry,
                                Van Buren,
                                Kalamazoo,
                                Calhoun,
                                Jackson,
                                Berrien, Cass,
                                Branch,
                                Hillsdale, and
                                Lenawee
                                Counties.
Carbon monoxide and ozone      Detroit urban     4/25/79, 7/25/79, 10/12/79,  6/2/80, 45 FR
 demonstrations of attainment   area.             10/26/79, 11/8/79, 12/26/    37192.
 and I/M program.                                 79, 3/20/80, 5/12/80, and
                                                  5/21/80
Ambient air quality            Statewide.......  12/19/79                     3/4/81, 46 FR
 monitoring, data reporting,                                                   15138.
 and surveillance provisions.
Transportation control plan..  Niles...........  4/25/79, 10/26/79, 11/8/79,  4/17/81, 46 FR
                                                  12/26/79, 8/4/80, and 8/8/   22373.
                                                  80
Provisions addressing          Statewide.......  4/25/79 and 10/12/79         6/5/81, 46 FR     Concerns permit
 sections 110(a)(2)(K),                                                        30082.            fees,
 126(a)(2), 127, and 128 of                                                                      interstate
 the Clean Air Act as amended                                                                    pollution,
 in 1977.                                                                                        public
                                                                                                 notification,
                                                                                                 and state
                                                                                                 boards.
Section 121,                   Statewide.......  5/25/79                      11/27/81, 46 FR
 intergovernmental                                                             57893.
 consultation.
Total suspended particulate    Detroit area....  3/7/80 and 4/21/81           2/18/82, 47 FR
 studies.                                                                      7227.
Lead plan....................  Statewide.......  12/27/79 and 2/9/81          4/13/82, 47 FR
                                                                               15792.
Reduction in size of Detroit   Wayne, Oakland,   9/1/82                       7/7/83, 48 FR
 ozone area.                    Macomb,                                        31199.
                                Livingston,
                                Monroe, St.
                                Clair, and
                                Washtenaw
                                Counties.

[[Page 175]]

 
Negative declarations........  Wayne, Oakland    10/10/83, 5/17/85, and 6/12/ 11/24/86, 51 FR   Includes large
                                and Macomb        85                           42221.            petroleum dry
                                Counties.                                                        cleaners, high-
                                                                                                 density
                                                                                                 polyethylene,
                                                                                                 polypropylene,
                                                                                                 and polystyrene
                                                                                                 resin
                                                                                                 manufacturers,
                                                                                                 and synthetic
                                                                                                 organic
                                                                                                 chemical
                                                                                                 manufacturing
                                                                                                 industry--oxida
                                                                                                 tion.
Information relating to order  Genesee County..  9/6/84                       8/22/88, 53 FR
 8-1982: letter dated 9/6/84                                                   31861.
 from Michigan Department of
 Natural Resources to EPA.
Information relating to order  Midland County..  12/17/87                     10/3/89, 54 FR
 14-1987: letter dated 12/17/                                                  40657.
 87 from Michigan Department
 of Natural Resources to EPA.
Appendices A and D of Wayne    Wayne County....  10/10/86                     5/13/93, 58 FR    Effective 11/18/
 County Air Pollution Control                                                  28359.            85.
 Ordinance.
Information supporting         Statewide.......  11/16/92, 10/25/93, and 2/7/ 3/8/94, 59 FR
 emissions statement program.                     94                           10752.
1990 base year emissions       Grand Rapids and  1/5/93                       7/26/94, 59 FR
 inventory.                     Muskegon areas.                                37944.
Section 182(f) NOX exemption.  Detroit-Ann       11/12/93                     8/10/94, 59 FR
                                Arbor area.                                    40826.
Negative declarations........  Livingston,       3/30/94                      9/7/94, 59 FR     Includes: Large
                                Macomb, Monroe,                                46182.            petroleum dry
                                Oakland, St.                                                     cleaners, SOCMI
                                Clair,                                                           air oxidation
                                Washtenaw,                                                       processes, high-
                                Wayne, Kent,                                                     density
                                Ottawa, and                                                      polyethylene
                                Muskegon                                                         and
                                Counties.                                                        polypropylene
                                                                                                 resin
                                                                                                 manufacturing
                                                                                                 and pneumatic
                                                                                                 rubber tire
                                                                                                 manufacturing.
I/M program..................  Grand Rapids and  11/12/93 and 7/19/94         10/11/94, 59 FR   Includes:
                                Muskegon areas.                                51379.            document
                                                                                                 entitled
                                                                                                 ``Motor Vehicle
                                                                                                 Emissions
                                                                                                 Inspection and
                                                                                                 Maintenance
                                                                                                 Program for
                                                                                                 Southeast
                                                                                                 Michigan, Grand
                                                                                                 Rapids MSA, and
                                                                                                 Muskegon MSA
                                                                                                 Moderate
                                                                                                 Nonattainment
                                                                                                 Areas,'' RFP,
                                                                                                 and
                                                                                                 supplemental
                                                                                                 materials.
1990 base year emissions       Detroit-Ann       11/12/93                     3/7/95, 60 FR
 inventory and 1-hour ozone     Arbor area                                     12459.
 maintenance plan.              (Livingston,
                                Macomb, Monroe,
                                Oakland, St.
                                Clair,
                                Washtenaw, and
                                Wayne Counties).
Section 182(f) NOX exemptions  Clinton, Ingham,  7/1/94 and 7/8/94            4/27/95, 60 FR
                                Eaton, and                                     20644.
                                Genesee
                                Counties.

[[Page 176]]

 
Section 182(f) NOX exemptions  Kent, Ottawa,     7/13/94                      1/26/96, 61 FR
                                Muskegon,                                      2428.
                                Allegan, Barry,
                                Bay, Berrien,
                                Branch,
                                Calhoun, Cass,
                                Clinton, Eaton,
                                Gratiot,
                                Genesee,
                                Hillsdale,
                                Ingham, Ionia,
                                Jackson,
                                Kalamazoo,
                                Lenawee,
                                Midland,
                                Montcalm, St.
                                Joseph,
                                Saginaw,
                                Shiawassee, and
                                Van Buren
                                Counties.
1-hour ozone maintenance plan  Grand Rapids      3/9/95                       6/21/96, 61 FR
                                area.                                          31831.
PM-10 maintenance plan.......  Wayne County....  7/24/95                      8/5/96, 61 FR
                                                                               40516.
General conformity...........  Statewide.......  11/29/94                     12/18/96, 61 FR
                                                                               66607.
Transportation conformity....  Statewide.......  11/24/94                     12/18/96, 61 FR
                                                                               66609.
7.8 psi Reid vapor pressure    Wayne, Oakland,   5/16/96, 1/5/96, and 5/14/   5/5/97, 62 FR     Includes: letter
 gasoline-supplemental          Macomb,           96                           24341.            from Michigan
 materials.                     Washtenaw,                                                       Governor John
                                Livingston, St.                                                  Engler to
                                Clair, and                                                       Regional
                                Monroe Counties.                                                 Administrator
                                                                                                 Valdas Adamkus,
                                                                                                 dated 1/5/96,
                                                                                                 letter from
                                                                                                 Michigan
                                                                                                 Director of
                                                                                                 Environmental
                                                                                                 Quality Russell
                                                                                                 Harding to
                                                                                                 Regional
                                                                                                 Administrator
                                                                                                 Valdas Adamkus,
                                                                                                 dated 5/14/96,
                                                                                                 and state
                                                                                                 report entitled
                                                                                                 ``Evaluation of
                                                                                                 Air Quality
                                                                                                 Contingency
                                                                                                 Measures for
                                                                                                 Implementation
                                                                                                 in Southeast
                                                                                                 Michigan''.
Section 182(f) NOX exemption.  Muskegon County.  11/22/95                     9/26/97, 62 FR
                                                                               50512.
Carbon monoxide maintenance    Detroit area      3/18/99                      6/30/99, 64 FR
 plan.                          (portions of                                   35017.
                                Wayne, Oakland,
                                and Macomb
                                Counties).
1-hour ozone maintenance plan  Muskegon County.  3/9/95                       8/30/00, 65 FR
                                                                               52651.
1-hour ozone maintenance plan  Allegan County..  9/1/00 and 10/13/00          11/24/00, 65 FR
                                                                               70490.
1-hour ozone maintenance plan  Genesee, Bay      5/9/00                       11/13/00, 65 FR
                                Midland, and                                   67629.
                                Saginaw
                                Counties.
1-hour ozone maintenance plan  Muskegon County.  3/22/01                      8/6/01, 66 FR     Revision to
 revision.                                                                     40895.            motor vehicle
                                                                                                 emission
                                                                                                 budgets.
8-hour ozone maintenance plan  Grand Rapids      5/9/06, 5/26/06, and 8/25/   5/16/2007.......
                                (Kent and         06
                                Ottawa
                                Counties),
                                Kalamazoo-
                                Battle Creek
                                (Calhoun,
                                Kalamazoo, and
                                Van Buren
                                Counties),
                                Lansing-East
                                Lansing
                                (Clinton,
                                Eaton, and
                                Ingham
                                Counties),
                                Benzie County,
                                Huron County,
                                and Mason
                                County.

[[Page 177]]

 
8-hour ozone maintenance plan  Flint (Genesee    6/13/06, 8/25/06, and 11/30/ 5/16/2007.......  ................
                                and Lapeer        06
                                Counties),
                                Muskegon
                                (Muskegon
                                County), Benton
                                Harbor (Berrien
                                County), and
                                Cass County.
8-hour ozone maintenance plan  Detroit-Ann       3/6/2009                     6/29/2009.......
                                Arbor (Lenawee,
                                Livingston,
                                Macomb, Monroe,
                                Oakland, St.
                                Clair,
                                Washtenaw, and
                                Wayne Counties).
----------------------------------------------------------------------------------------------------------------


[71 FR 52469, Sept. 6, 2006, as amended at 72 FR 4435, Jan. 31, 2007; 72 
FR 43172, Aug. 3, 2007; 72 FR 72262, Dec. 20, 2007; 72 FR 60783, 60786, 
Dec. 26, 2007; 73 FR 5104, Jan. 29, 2008; 74 FR 30952, June 29, 2009]

    Effective Date Note: At 74 FR 23954, May 22, 2009, Sec. 52.1170 was 
amended by revising entries in paragraph (c) the table entitled ``EPA-
Approved Michigan Regulations'' in Part 6 for ``R 336.1660'' and ``R 
336.1661'', effective July 21, 2009. For the convenience of the user, 
the revised text is set forth as follows:



Sec. 52.1170  Identification of plan.

                                * * * * *

    (c) * * *

                                        EPA-Approved Michigan Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
        Michigan citation                  Title          effective     EPA approval date         Comments
                                                             date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
     Part 6. Emission Limitations and Prohibitions--Existing Sources of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
R 336.1660.......................  Standards for             10/3/07  5/22/09, 74 FR 23952
                                    Volatile Organic
                                    Compounds Emissions
                                    from Consumer
                                    Products.
R 336.1661.......................  Definitions for           10/3/07  5/22/09, 74 FR 23952
                                    Consumer Products.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

                                * * * * *



Sec. 52.1171  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Metropolitan Detroit-Port Huron Intrastate................           I          I       III       III        III
Metropolitan Toledo Interstate............................           I          I       III       III          I
South Central Michigan Intrastate.........................          II         II       III       III        III
South Bend-Elkhart (Indiana)-Benton Harbor (Michigan)                I         IA       III       III        III
 Interstate...............................................
Central Michigan Intrastate...............................          II        III       III       III        III
Upper Michigan Intrastate.................................         III        III       III       III        III
----------------------------------------------------------------------------------------------------------------


[[Page 178]]


[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 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

[[Page 179]]

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 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

[[Page 180]]

Forms, Reference Tables, and General Instructions, along with an 
implementation strategy for the State's emission statement program.
    (c)(1) 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).
    (2) 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 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

[[Page 181]]

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 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

[[Page 182]]

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).
    (r) Approval--On March 9, 1995, the Michigan Department of 
Environmental Quality submitted a request to redesignate the Muskegon 
County ozone nonattainment area to attainment. 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 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 
1-hour ozone NAAQS, determined not to be attributable to transport from 
upwind areas, Michigan will implement one or more appropriate 
contingency measure(s) which are in the contingency plan. The menu of 
contingency measures includes a motor vehicle inspection and maintenance 
program, stage II vapor recovery, a low Reid vapor pressure gasoline 
program, and rules for industrial cleanup solvents, plastic parts 
coating, and wood furniture coating.
    (s) Approval--On May 9, 2000, the State of Michigan submitted a 
revision to the Michigan State Implementation Plan for ozone containing 
a section 175A maintenance plan for the Flint and Saginaw-Midland-Bay 
City areas as part of Michigan's request to redesignate the areas from 
nonattainment to attainment for ozone. Elements of the section 175A 
maintenance plan include a contingency plan, and an obligation to submit 
a subsequent maintenance plan revision in 8 years as required by the 
Clean Air Act. If monitors in any of these areas record a violation of 
the ozone NAAQS (which

[[Page 183]]

must be confirmed by the State), Michigan will adopt, submit to EPA, and 
implement one or more appropriate contingency measure(s) which are in 
the contingency plan and will submit a full maintenance plan under 
section 175A of the Clean Air Act. The menu of contingency measures 
includes a low Reid vapor pressure gasoline program, stage I gasoline 
vapor recovery, and rules for industrial cleanup solvents, plastic parts 
coating, and wood furniture coating.
    (t) Approval--On March 9, 1995, the Michigan Department of 
Environmental Quality submitted a request to redesignate the Allegan 
County ozone nonattainment area to attainment. 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 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 
1-hour ozone NAAQS, determined not to be attributable to transport from 
upwind areas, Michigan will implement one or more appropriate 
contingency measure(s) which are in the contingency plan. The menu of 
contingency measures includes rules for plastic parts coating, wood 
furniture coating, and gasoline loading (Stage I vapor recovery).
    (u) Approval--On March 22, 2001, Michigan submitted a revision to 
the ozone maintenance plan for the Muskegon County area. The revision 
consists of allocating a portion of the Muskegon County area's Volatile 
Organic Compounds (VOC) and Oxides of Nitrogen (NOX) safety 
margin to the transportation conformity Motor Vehicle Emission Budget 
(MVEB). The MVEB for transportation conformity purposes for the Muskegon 
County area are now: 8.5 tons per day of VOC emissions and 10.2 tons per 
day of NOX emissions for the year 2010. This approval only 
changes the VOC and NOX transportation conformity MVEB for 
Muskegon County.
    (v) Approval--On December 19, 2003, Michigan submitted an update to 
the Section 175(A) maintenance plan for the Southeast Michigan 1-hour 
ozone maintenance area, which consists of Livingston, Macomb, Monroe, 
Oakland, St. Clair, Washtenaw, and Wayne counties. This update addresses 
the second 10-year period of maintenance of the ozone standard in 
Southeast Michigan, which spans the years 2005 through 2015. The 
maintenance plan also revises the Motor Vehicle Emissions Budget (MVEB). 
For the year 2005, the MVEB for VOC is 218.1 tons per day (tpd), and the 
MVEB for NOX is 412.9 tpd. For the year 2015, the MVEB for 
VOC is 172.8 tpd, and the MVEB for NOX is 412.9 tpd.
    (w) Approval--On June 17, 2005, the Michigan Department of 
Environmental Quality submitted a petition requesting the exemption from 
Clean Air Act oxides of nitrogen control requirements in six 8-hour 
ozone nonattainment areas. The Grand Rapids, Kalamazoo/Battle Creek, 
Lansing/East Lansing, Benzie County, Huron County, and Mason County 
nonattainment areas each receive an exemption. Section 182(f) of the 
1990 amended Clean Air Act authorizes the exceptions. The exemption will 
no longer apply in an area if it experiences a violation of the 8-hour 
ozone standard.
    (x) Approval--On May 9, 2006, Michigan submitted requests to 
redesignate the Grand Rapids (Kent and Ottawa Counties), Kalamazoo-
Battle Creek (Calhoun, Kalamazoo, and Van Buren Counties), Lansing-East 
Lansing (Clinton, Eaton, and Ingham Counties), Benzie County, Huron 
County, and Mason County areas to attainment of the 8-hour ozone 
National Ambient Air Quality Standard (NAAQS). The State supplemented 
its redesignation requests on May 26, 2006, and August 25, 2006. As part 
of its redesignation requests, the State submitted maintenance plans as 
required by section 175A of the Clean Air Act. Elements of the section 
175 maintenance plan include a contingency plan and an obligation to 
submit subsequent maintenance plan revisions in 8 years as required by 
the Clean Air Act. If monitors in any of these areas record a violation 
of the 8-hour ozone NAAQS, Michigan will adopt and implement one or more 
contingency measures. The list of possible contingency measures 
includes: Lower

[[Page 184]]

Reid vapor pressure gasoline requirements; reduced volatile organic 
compound (VOC) content in architectural, industrial, and maintenance 
coatings rule; auto body refinisher self-certification audit program; 
reduced VOC degreasing rule; transit improvements; diesel retrofit 
program; reduced VOC content in commercial and consumer products rule; 
and a program to reduce idling. Also included in the Michigan's 
submittal were motor vehicle emission budgets (MVEBs) for use to 
determine transportation conformity in the areas. For the Grand Rapids 
area, the 2018 MVEBs are 40.70 tpd for VOC and 97.87 tpd for oxides of 
nitrogen (NOX). For the Kalamazoo-Battle Creek area, the 2018 
MVEBs are 29.67 tpd for VOC and 54.36 tpd for NOX. For the 
Lansing-East Lansing area, the 2018 MVEBs are 28.32 tpd for VOC and 
53.07 tpd for NOX. For the Benzie County area, the 2018 MVEBs 
are 2.24 tpd for VOC and 1.99 tpd for NOX. For the Huron 
County area, the 2018 MVEBs are 2.34 tpd for VOC and 7.53 tpd for 
NOX. For the Mason County area, the 2018 MVEBs are 1.81 tpd 
for VOC and 2.99 tpd for NOX.
    (y) Approval--On June 13, 2006, Michigan submitted requests to 
redesignate the Flint (Genesee and Lapeer Counties), Muskegon (Muskegon 
County), Benton Harbor (Berrien County), and Cass County areas to 
attainment of the 8-hour ozone National Ambient Air Quality Standard 
(NAAQS). The State supplemented its redesignation requests on August 25, 
2006, and November 30, 2006. As part of its redesignation requests, the 
State submitted maintenance plans as required by section 175A of the 
Clean Air Act. Elements of the section 175 maintenance plan include a 
contingency plan and an obligation to submit subsequent maintenance plan 
revisions in 8 years as required by the Clean Air Act. If monitors in 
any of these areas record a violation of the 8-hour ozone NAAQS, 
Michigan will adopt and implement one or more contingency measures. The 
list of possible contingency measures includes: Lower Reid vapor 
pressure gasoline requirements; reduced volatile organic compound (VOC) 
content in architectural, industrial, and maintenance coatings rule; 
auto body refinisher self-certification audit program; reduced VOC 
degreasing rule; transit improvements; diesel retrofit program; reduced 
VOC content in commercial and consumer products rule; and a program to 
reduce idling. Also included in the Michigan's submittal were motor 
vehicle emission budgets (MVEBs) for use to determine transportation 
conformity in the areas. For the Flint area, the 2018 MVEBs are 25.68 
tpd for VOC and 37.99 tpd for oxides of nitrogen (NOX). For 
the Muskegon area, the 2018 MVEBs are 6.67 tpd for VOC and 11.00 tpd for 
NOX. For the Benton Harbor area, the 2018 MVEBs are 9.16 tpd 
for VOC and 15.19 tpd for NOX. For the Cass County area, the 
2018 MVEBs are 2.76 tpd for VOC and 3.40 tpd for NOX.
    (z) Approval--On March 6, 2009, Michigan submitted a request to 
redesignate the Detroit-Ann Arbor area (Lenawee, Livingston, Macomb, 
Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties) to attainment 
of the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). 
As part of its redesignation requests, the State submitted a maintenance 
plan as required by section 175A of the Clean Air Act. Elements of the 
section 175 maintenance plan include a contingency plan and an 
obligation to submit subsequent maintenance plan revisions in 8 years as 
required by the Clean Air Act. If monitors in any of these areas record 
a violation of the 8-hour ozone NAAQS, Michigan will adopt and implement 
one or more contingency measures. The list of possible contingency 
measures includes: Reduced VOC content in architectural, industrial, and 
maintenance (AIM) coatings rule; auto body refinisher self-certification 
audit program; reduced VOC degreasing/solvent cleaning rule; diesel 
retrofit program; reduced idling program; portable fuel container 
replacement rule; and, food preparation flame broiler control rule. Also 
included in the Michigan's submittal were a 2005 base year emissions 
inventory and motor vehicle emission budgets (MVEBs) for use to 
determine transportation conformity in the area. For the Detroit-Ann 
Arbor area, Michigan has established separate MVEBS for the Southeast 
Michigan Council of

[[Page 185]]

Governments (SEMCOG) region (Livingston, Macomb, Monroe, Oakland, St. 
Clair, Washtenaw, and Wayne Counties) and for Lenawee County. MDEQ has 
determined the 2020 MVEBs for the SEMCOG region to be 106 tons per day 
for VOC and 274 tpd for NOX. MDEQ has determined the 2020 
MVEBs for Lenawee County to be 2.1 tpd for VOC and 4.4 tpd for 
NOX.

[45 FR 58528, Sept. 4, 1980]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1174, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1175  Compliance schedules.

    (a) The requirements of Sec. 51.15(a)(2) of this chapter as of May 
31, 1972, (36 FR 22398) are not met since Rule 336.49 of the Michigan 
Air Pollution Control Commission provides for individual compliance 
schedules to be submitted to the State Agency by January 1, 1974. This 
would not be in time for submittal to the Environmental Protection 
Agency with the first semiannual report.
    (b) [Reserved]
    (c) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (d) Federal compliance schedules. (1) Except as provided in 
paragraph (d)(3) of this section, the owner or operator of any 
stationary source subject to the following emission-limiting regulations 
in the Michigan implementation plan shall comply with the applicable 
compliance schedule in paragraph (d)(2) of this section: Air Pollution 
Control Commission, Department of Public Health, Michigan Rule 336.49.
    (2) Compliance schedules. (i) The owner or operator of any boiler or 
furnace of more than 250 million Btu per hour heat input subject to Rule 
336.49 and located in the Central Michigan Intrastate AQCR, South Bend-
Elkhart-Benton Harbor Interstate AQCR, or Upper Michigan Intrastate AQCR 
(as defined in part 81 of this title) shall notify the Administrator, no 
later than October 1, 1973, of his intent to utilize either low-sulfur 
fuel or stack gas desulfurization to comply with the limitations 
effective July 1, 1975, in Table 3 or Table 4 of Rule 336.49.
    (ii) Any owner or operator of a stationary source subject to 
paragraph (d)(2)(i) of this section who elects to utilize low-sulfur 
fuel shall take the following actions with respect to the source no 
later than the dates specified.
    (a) November 1, 1973--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with Table 3 of Rule 336.49 on July 1, 1975, and for 
at least one year thereafter.
    (b) December 31, 1973--Sign contracts with fuel suppliers for 
projected fuel requirements.
    (c) January 31, 1974--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (d) March 15, 1974--Let contracts for necessary boiler 
modifications, if applicable.
    (e) June 15, 1974--Initiate onsite modifications, if applicable.
    (f) March 31, 1975--Complete onsite modifications, if applicable.
    (g) July 1, 1975--Achieve final compliance with the applicable July 
1, 1975, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.
    (iii) Any owner or operator of a stationary source subject to 
paragraph (d)(2)(i) of this section who elects to utilize stack gas 
desulfurization shall take the following actions with respect to the 
source no later than the dates specified.
    (a) November 1, 1973--Let necessary contracts for construction.
    (b) March 1, 1974--Initiate onsite construction.
    (c) March 31, 1975--Complete onsite construction.
    (d) July 1, 1975--Achieve final compliance with the applicable July 
1, 1975, emission limitation listed in Table 4 of Rule 336.49.
    (e) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed by 
July 1, 1975. Ten days prior to such a test, notice must be given to the 
Administrator to afford

[[Page 186]]

him the opportunity to have an observer present.
    (iv) The owner or operator of any boiler or furnace of more than 250 
million Btu per hour heat input subject to Rule 336.49 and located in 
the Central Michigan Intrastate AQCR. South Bend-Elkhart-Benton Harbor 
Interstate AQCR, or Upper Michigan Intrastate AQCR shall notify the 
Administrator, no later than January 31, 1974, of his intent to utilize 
either low-sulfur fuel or stack gas desulfurization to comply with the 
limitation effective July 1, 1978, in Table 3 or Table 4 of Rule 336.49.
    (v) Any owner or operator of a stationary source subject to 
paragraph (d)(2)(iv) of this section who elects to utilize low-sulfur 
fuel shall take the following actions with respect to the source no 
later than the dates specified.
    (a) October 15, 1976--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with Table 3 of Rule 336.49 on July 1, 1978, and for 
at least one year thereafter.
    (b) December 31, 1976--Sign contracts with fuel suppliers for 
projected fuel requirements.
    (c) January 31, 1977--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (d) March 15, 1977--Let contracts for necessary boiler 
modifications, if applicable.
    (e) June 15, 1977--Initiate onsite modifications, if applicable.
    (f) March 31, 1978--Complete onsite modifications, if applicable.
    (g) July 1, 1978--Achieve final compliance with the applicable July 
1, 1978, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.
    (vi) Any owner or operator of a stationary source subject to 
paragraph (d)(2)(iv) of this section who elects to utilize stack gas 
desulfurization shall take the following actions with regard to the 
source no later than the dates specified.
    (a) November 1, 1976--Let necessary contracts for construction.
    (b) March 1, 1977--Initiate onsite construction.
    (c) March 31, 1978--Complete onsite construction.
    (d) July 1, 1978--Achieve final compliance with the applicable July 
1, 1978, mission limitation listed in Table 4 of Rule 336.49.
    (e) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed by 
July 1, 1978. Ten days prior to such a test, notice must be given to the 
Administrator to afford him the opportunity to have an observer present.
    (vii) Any owner or operator subject to a compliance schedule above 
shall certify to the Administrator, within five days after the deadline 
for each increment of progress in that schedule, whether or not the 
increment has been met.
    (3)(i) Paragraphs (d) (1) and (2) of this section shall not apply to 
a source which is presently in compliance with Table 3 or Table 4 of 
Rule 336.49 and which has certified such compliance to the Administrator 
by October 1, 1973. The Administrator may request whatever supporting 
information he considers necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Administrator no later than October 1, 1973, 
a proposed alternative compliance schedule. No such compliance schedule 
may provide for final compliance after the final compliance date in the 
applicable compliance schedule of this paragraph. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (4) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (d)(2) of this section fails to 
satisfy the requirements of Sec. Sec. 51.261 and 51.262(a) of this 
chapter.

[[Page 187]]

    (e) The compliance schedules for the sources identified below are 
approved as meeting the requirements of Sec. 51.104 and subpart N of 
this chapter. All regulations cited are air pollution control 
regulations of the State, unless otherwise noted.

                                                    Michigan
                                         [See footnotes at end of table]
----------------------------------------------------------------------------------------------------------------
                                                          Regulations        Date schedule     Final compliance
             Source                    Location            involved             adopted              date
----------------------------------------------------------------------------------------------------------------
                                                 berrien county
----------------------------------------------------------------------------------------------------------------
Conoco, Inc.....................  Berrien...........  R336.1603,          Sept. 26, 1981....  Dec. 31, 1982.
                                                       R336.1609.
----------------------------------------------------------------------------------------------------------------
                                                 calhoun county
----------------------------------------------------------------------------------------------------------------
Clark Oil and Refining Corp.....  Calhoun...........  R336.1603           May 14, 1982......  Dec. 31, 1982.
                                                       R336.1609.
----------------------------------------------------------------------------------------------------------------
                                                charlevoix county
----------------------------------------------------------------------------------------------------------------
Northern Michigan Electric        Boyne City........  336.1401 (336.49).  Jan. 10, 1980.....  Jan. 1, 1985.
 Cooperative Advance Steam Plant.
----------------------------------------------------------------------------------------------------------------
                                                 genesee county
----------------------------------------------------------------------------------------------------------------
Buick Motor Division............  City of Flint.....  R336.1301.........  May 5, 1980.......  Dec. 31, 1982.
GM Warehousing Dist. Div.         Genesee...........  R336.1331.........  Dec. 31, 1981.....  Oct. 15, 1983.
 Boilers 1 and 2.
GM Warehousing Dist. Div.         ......do..........  R336.1331.........  Dec. 1, 1981......  Oct. 15, 1981.
 Boilers 3 and 4.
----------------------------------------------------------------------------------------------------------------
                                                  macomb county
----------------------------------------------------------------------------------------------------------------
New Haven Foundry...............  Macomb County.....  R336.1301,          Aug. 14, 1980.....  June 30, 1985.
                                                       R336.1331,
                                                       R336.1901.
----------------------------------------------------------------------------------------------------------------
                                                 midland county
----------------------------------------------------------------------------------------------------------------
Dow Chemical....................  Midland...........  R336.1301 and       July 21, 1982.....  Dec. 31, 1985.
                                                       R336.1331.
----------------------------------------------------------------------------------------------------------------
                                                  monroe county
----------------------------------------------------------------------------------------------------------------
Detroit Edison (Monroe plant)...  Monroe............  336.49............  July 7, 1977......  Jan. 1, 1985.
Dundee Cement Company...........  Dundee............  336.41, 44........  Oct. 17, 1979.....  Dec. 31, 1983.
                                                      (336.1301,
                                                       336.1331).
Union Camp......................  Monroe............  336.1401..........  Jan. 3, 1980......  Jan. 1, 1985.
                                                      (336.49)..........
----------------------------------------------------------------------------------------------------------------
                                                 muskegon county
----------------------------------------------------------------------------------------------------------------
Consumers Power Company (B. C.    Muskegon..........  336.1401..........  Dec. 10, 1979.....  Jan. 1, 1985.
 Cobb).                                               (336.49)..........
S. D. Warren Co.................  Muskegon..........  336.49 (336.1401).  Oct. 31, 1979.....  Nov. 1, 1984.
Marathon Oil....................  ......do..........  336.1603..........  July 31, 1981.....  Dec. 31, 1982.
----------------------------------------------------------------------------------------------------------------
                                                 saginaw county
----------------------------------------------------------------------------------------------------------------
Grey Iron Casting and Nodular     Saginaw...........  R336.1301.........  Apr. 16, 1980.....  Dec. 31, 1982.
 Iron Casting Plants.
----------------------------------------------------------------------------------------------------------------
                                                  wayne county
----------------------------------------------------------------------------------------------------------------
Boulevard Heating Plant.........  Wayne.............  R336.1331.........  Apr. 28, 1981.....  Dec. 31, 1982.
----------------------------------------------------------------------------------------------------------------
Footnotes:
\1\ For the attainment of the primary standard.
\2\ For the attainment of the secondary standard.
\3\ For the maintenance of the secondary standard.


[[Page 188]]

    (f) The compliance schedules for the sources identified below are 
disapproved as not meeting the requirements of Sec. 51.15 of this 
chapter. All regulations cited are air pollution control regulations of 
the State, unless otherwise noted.

                                                    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, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1176  Review of new sources and modifications. [Reserved]



Sec. Sec. 52.1177-52.1178  [Reserved]



Sec. 52.1179  Control strategy: Carbon monoxide.

    (a) 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 sections 
107(d)(3)(E) and 175A of the Act as amended in 1990.
    (b) Approval--On December 19, 2003, Michigan submitted a request to 
revise its plan for the Southeast Michigan CO maintenance area 
(consisting of portions of Wayne, Oakland and Macomb Counties). The 
submittal contains updated emission inventories for 1996 and 2010, and 
an update to the 2010 motor vehicle emissions budget (MVEB). The 2010 
MVEB is 3,842.9 tons of CO per day.

[70 FR 4023, Jan. 28, 2005]



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 except paragraph (a)(1) 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

[[Page 189]]

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, as amended at 68 
FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003]



Sec. 52.1181  Interstate pollution.

    (a) The requirements of Section 126(a)(1) of the Clean Air Act as 
amended in 1977 are not met since the state has not submitted to EPA, as 
a part of its State Implementation Plan, the procedures on which the 
state is relying to notify nearby states of any proposed major 
stationary source which may contribute significantly to levels of air 
pollution in excess of the National Ambient Air Quality Standards in 
that state.

[46 FR 30084, June 5, 1981]



Sec. 52.1182  State boards.

    (a) The requirements of Section 128 of the Clean Air Act as amended 
in 1977 are not met since the state has not submitted to EPA, as a part 
of its State Implementation Plan, the measures on which the state is 
relying to insure that the Air Pollution Control Commission contains a 
majority of members who represent the public interest and do not derive 
a significant portion of their income from persons subject to permits or 
enforcement orders under the Act and that the board members adequately 
disclose any potential conflicts of interest.

[46 FR 30084, June 5, 1981]



Sec. 52.1183  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met, because the plan does not include approvable procedures for 
protection of visibility in mandatory Class I Federal areas.
    (b) Regulation for visibility monitoring and new source review. The 
provisions of Sec. Sec. 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]



Sec. 52.1186  Interstate pollutant transport provisions; What are 
the FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the 
State of Michigan and for which requirements

[[Page 190]]

are set forth under the Federal CAIR NOX Annual Trading 
Program in subparts AA through II of part 97 of this chapter must comply 
with such applicable requirements. The obligation to comply with these 
requirements in part 97 of this chapter will be eliminated by the 
promulgation of an approval by the Administrator of a revision to the 
Michigan State Implementation Plan (SIP) as meeting the requirements of 
CAIR for PM2.5 relating to NOX under Sec. 51.123 
of this chapter, except to the extent the Administrator's approval is 
partial or conditional or unless such approval is under Sec. 51.123(p) 
of this chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX allowances to 
sources in the State for any years, the provisions of part 97 of this 
chapter authorizing the Administrator to complete the allocation of CAIR 
NOX allowances for those years shall continue to apply, 
unless the Administrator approves a SIP provision that provides for the 
allocation of the remaining CAIR NOX allowances for those 
years.
    (b)(1) The owner and operator of each NOX source located 
within the State of Michigan and for which requirements are set forth 
under the Federal CAIR NOX Ozone Season Trading Program in 
subparts AAAA through IIII of part 97 of this chapter must comply with 
such applicable requirements. The obligation to comply with these 
requirements in part 97 of this chapter will be eliminated by the 
promulgation of an approval by the Administrator of a revision to the 
Michigan State Implementation Plan (SIP) as meeting the requirements of 
CAIR for ozone relating to NOX under Sec. 51.123 of this 
chapter, except to the extent the Administrator's approval is partial or 
conditional or unless such approval is under Sec. 51.123(ee) of this 
chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX Ozone Season 
allowances to sources in the State for any years, the provisions of part 
97 of this chapter authorizing the Administrator to complete the 
allocation of CAIR NOX Ozone Season allowances for those 
years shall continue to apply, unless the Administrator approves a SIP 
provision that provides for the allocation of the remaining CAIR 
NOX Ozone Season allowances for those years.

[72 FR 62350, Nov. 2, 2007]



Sec. 52.1187  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within 
the State of Michigan and for which requirements are set forth under the 
Federal CAIR SO2 Trading Program in subparts AAA through III 
of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the Michigan State Implementation 
Plan as meeting the requirements of CAIR for PM2.5 relating 
to SO2 under Sec. 51.124 of this chapter, except to the 
extent the Administrator's approval is partial or conditional or unless 
such approval is under Sec. 51.124(r) of this chapter.

[72 FR 62350, Nov. 2, 2007]



Sec. 52.1188  Conditional approval.

    The plan commitments listed below were submitted on the dates 
specified.
    (a) On December 21, 2006, the State of Michigan submitted to EPA 
Michigan Air Pollution Control Rules, Part 18, Rules R 336.2801 [(a) 
through (tt) [except for (j) and (ff)] to R 336.2819 and R 336.2823(1) 
to (14) (``Part 18''), for inclusion in the SIP. Part 18 relates to the 
PSD permit program of the state of Michigan. Revisions to Part 18 were 
adopted by MDEQ on December 4, 2006. On January 9, 2008, EPA proposed to 
conditionally approve the PSD SIP rules under section 110 of the CAA. On 
September 16, 2008 EPA conditionally approved the revisions to Part 18.
    (b) The conditional approval is based on the commitment from the 
State to adopt specific enforceable measures by a date certain that is 
no more than twelve months from the date of the conditional approval. 
The deficiencies

[[Page 191]]

that need to be corrected in Michigan's rule so that the rule is 
approvable include two missing definitions. In a separate action also 
published September 16, 2008, EPA is proposing to disapprove Michigan 
Rule R 336.2816, which is also included in the State's December 21, 
2006, PSD program submission. This rule sets out the mechanisms which 
facilitate the participation of the FLM in the State's permitting 
process for purposes of protecting either the increment or the AQRVs 
associated with a Class I area from potential impacts from a proposed 
major source or major modification. Michigan will retain its Federal 
delegation of authority under 40 CFR 52.21(p) until such time as the 
State submits promulgated rules equivalent to 40 CFR 51.166(p) and those 
rules are approved into its SIP.
    (c) In its May 17, 2007, letter to EPA, Michigan committed to follow 
the Federal definition of ``replacement unit'' (40 CFR 51.166(b)(7)) in 
its implementation of these rules, and to add the definition to the 
state rules in a future rulemaking. For the definition of ``potential to 
emit'' (Michigan Rule R 336.2801(hh)), Michigan follows the Federal 
definition, except instead of ``federally enforceable,'' the Michigan 
rules use the more general term ``legally enforceable.'' Michigan has 
committed in its September 11, 2007, letter to EPA, to define the term 
``legally enforceable'' to mean ``legally and practically enforceable by 
the Administrator, a state or local air pollution agency,'' consistent 
with the Interim Policy dated January 22, 1996.
    (d) The State must only provide the rule changes, not a new SIP 
submittal to EPA for approval. If the State fails to actually make the 
changes within the twelve month period, EPA would subsequently publish a 
notice in the Federal Register providing notice and details of such 
disapproval. If Michigan submits final and effective rule revisions 
correcting the deficiencies, as discussed above, within one year from 
this conditional approval becoming final and effective, EPA will publish 
a subsequent notice in the Federal Register to acknowledge that Michigan 
has met the criteria of the conditional approval and to inform the 
public about the conversion of the conditional approval to a full 
approval.

[73 FR 53372, Oct. 16, 2008]



Sec. 52.1190  Original Identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Michigan'' and all revisions submitted by Michigan that 
were federally approved prior to August 1, 2006.
    (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.
    (9) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources on October 23, 1973.

[[Page 192]]

    (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 response to USEPA's notice of proposed rulemaking (45 FR 25087).
    (26) On March 20, 1980, the State submitted commitments and 
additional

[[Page 193]]

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.
    (38) On April 10, 1981 the Governor of Michigan committed to 
annually administer and submit the questionnaire developed for the 
purposes of section 128.

[[Page 194]]

    (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 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

[[Page 195]]

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 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

[[Page 196]]

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 197]]

    (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

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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,

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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 200]]

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 201]]

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)).

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    (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

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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.

[[Page 204]]

    (AA) Consent Order 30-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Rouge Steel Company.
    (BB) Consent Order 31-1993 effective October 12, 1994 issued by the 
MDNR. 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.

[[Page 205]]

    (A) State of Michigan Administrative Rule 374 (R 336.1374), 
effective July 26, 1995.
    (105) [Reserved]
    (106) On March 9, 1995, the State of Michigan submitted as a 
revision to the Michigan State Implementation 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

[[Page 206]]

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 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.
    (112) The Michigan Department of Environmental Quality (MDEQ) 
submitted a revision to Michigan's State Implementation Plan (SIP) on 
August 20, 1998, and supplemented it on November 3, 1998. The revision 
removed from the SIP the following rules, which the State rescinded 
effective May 28, 1997: R 336.91 Purpose; R 336.92 Suspension of 
enforcement; requests by local

[[Page 207]]

agencies; R 336.93 Local agency requirements prior to suspension of 
enforcement; R 336.94 Commission public hearings on applications; R 
336.95 Suspension of enforcement; procedures and public notice; R 336.96 
Suspension of enforcement; conditions; R 336.97 Commission review of 
local agency programs; renewal of suspended enforcement; R 336.601 
Affected counties and areas; R 336.602 Attainment of national ambient 
air quality standards; exemption from inspection and maintenance program 
requirements; R 336.603 Ozone and carbon monoxide attainment status 
determination; R 336.1373 Fugitive dust control requirements; areas 
listed in table 36; R 336.1501 Emission limits; extension of compliance 
date past January 1, 1980, generally; R 336.1502 Application; copies; R 
336.1503 Application; contents; R 336.1504 Denial of request for 
extension past January 1, 1980; R 336.1505 Grant of extension past 
January 1, 1980; R 336.1506 Receipt of full and complete application; 
public notice; inspection; public hearing; R 336.1507 Modification or 
revocation of order granting extension; immediate effect; R 336.1603 
Compliance program; R 336.2010 Reference test method 5A; R 336.2199(c); 
R 336.2601 Organization; R 336.2602 Offices and meetings; R 336.2603 
Documents available for inspection and copying; R 336.2604 Document 
inspection and copying procedures; tape recording transcriptions; R 
336.2605 Functions; R 336.2608 Hearings and informal conferences; R 
336.2301 Definition of air pollution episode; R 336.2302 Definition of 
air pollution forecast; R 336.2303 Definition of air pollution alert; R 
336.2304 Definition of air pollution warning; R 336.2305 Definition of 
air pollution emergency; R 336.2306 Declaration of air pollution 
episodes; R 336.2307 Episode emission abatement programs; and R 336.2308 
Episode orders. The rules incorporated below contain revisions to 
degreasing, perchloroethylene dry cleaning, petroleum refinery, 
synthetic organic chemical manufacturing, and delivery vessel loading 
rules.
    (i) Incorporation by reference. The following sections of the 
Michigan Administrative Code are incorporated by reference.
    (A) R 336.1611 Existing cold cleaners, effective June 13, 1997.
    (B) R336.1612 Existing open top vapor degreasers, effective June 13, 
1997.
    (C) R 336.1613 Existing conveyorized cold cleaners, effective June 
13, 1997.
    (D) R 336.1614 Existing conveyorized vapor degreasers, effective 
June 13, 1997.
    (E) R 336.1619 Standards for perchloroethylene dry cleaning 
equipment, effective June 13, 1997.
    (F) R 336.1622 Emission of volatile organic compounds from existing 
components of petroleum refineries; refinery monitoring program, 
effective June 13, 1997.
    (G) R 336.1628 Emission of volatile organic compounds from 
components of existing process equipment used in manufacturing synthetic 
organic chemicals and polymers; monitoring program, effective June 13, 
1997.
    (H) R 336.1651 Standards for Degreasers, effective June 13, 1997.
    (I) R 336.1706 Loading delivery vessels with organic compounds 
having a true vapor pressure of more than 1.5 psia at new loading 
facilities handling 5,000,000 or more gallons of such compounds per 
year, effective June 13, 1997.
    (J) R 336.1707 New cold cleaners, effective June 13, 1997.
    (K) R 336.1708 New open top vapor degreasers, effective June 13, 
1997.
    (L) R 336.1709 New conveyorized cold cleaners, effective June 13, 
1997.
    (M) R 336.1710 New conveyorized vapor degreasers, effective June 13, 
1997.
    (113) On March 9, 1995, the State of Michigan submitted a revision 
to the Michigan State Implementation Plan for ozone containing a section 
175A maintenance plan for the Muskegon County area as part of Michigan's 
request to redesignate the area from nonattainment to attainment for 
ozone. Elements of the section 175A maintenance plan include 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 1-hour ozone NAAQS, determined not to be 
attributable to transport from upwind areas, Michigan will implement one 
or more appropriate contingency measure(s) which are in the contingency 
plan. The menu of contingency

[[Page 208]]

measures includes a motor vehicle inspection and maintenance program, 
stage II vapor recovery, a low Reid vapor pressure gasoline program, and 
rules for industrial cleanup solvents, plastic parts coating, and wood 
furniture coating.
    (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 House Bill No. 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.
    (114)-(115) [Reserved]
    (116) The Michigan Department of Environmental Quality submitted 
revisions to Michigan's State Implementation Plan (SIP) on July 7, 2000 
and supplemented them with letters dated January 29, 2001, and February 
6, 2002. They include revisions to definitions, open burning rules, 
general volatile organic compound provisions, and administrative 
procedures. The revision removed from the SIP rules R 336.1320 and R 
336.2703, which the State rescinded effective April 10, 2000.
    (i) Incorporation by reference. The following sections of the 
Michigan Administrative Code are incorporated by reference.
    (A) R 336.1104 Definitions; D, effective April 10, 2000.
    (B) R 336.1310, Open burning, effective February 3, 1999.
    (C) R 336.1602 General provisions for existing sources of volatile 
organic compound emissions, effective April 10, 2000.
    (D) R 336.2701 Petitions for review and for contested case hearings; 
hearing procedure; ``duly authorized agent'' defined, effective April 
10, 2000.
    (E) R 336.2702 Appearances, effective April 10, 2000.
    (117) [Reserved]
    (118) The Michigan Department of Environmental Quality submitted 
revisions to Michigan's State Implementation Plan (SIP) on September 23, 
2002. They include rules to address excess emissions occurring during 
startup, shutdown or malfunction as well as revisions to definitions.
    (i) Incorporation by reference. The following sections of the 
Michigan Administrative Code are incorporated by reference.
    (A) R 336.1102 Definitions; B, effective May 27, 2002.
    (B) R 336.1104 Definitions; D, effective May 27, 2002.
    (C) R 336.1105 Definitions; E, effective May 27, 2002.
    (D) R 336.1107 Definitions; G, effective May 27, 2002.
    (E) R 336.1108 Definitions; H, effective May 27, 2002.
    (F) R 336.1113 Definitions; M, effective May 27, 2002.
    (G) R 336.1118 Definitions; R, effective May 27, 2002.
    (H) R 336.1120 Definitions; T, effective May 27, 2002.
    (I) R 336.1915 Enforcement discretion in instances of excess 
emissions resulting from malfunction, start-up, or shutdown, effective 
May 27, 2002.
    (J) R 336.1916 Affirmative defense for excess emissions during 
start-up or shutdown, effective May 27, 2002.
    (119) The Michigan Department of Environmental Quality submitted a 
revision to Michigan's State Implementation Plan for ozone on April 25, 
2003. This submittal contained a revised definition of volatile organic 
compound.
    (i) Incorporation by reference.
    (A) R 336.1122 Definitions; V, effective March 13, 2003.
    (120) [Reserved]
    (121) On April 3, 2003, the Michigan Department of Environmental 
Quality (MDEQ) submitted regulations restricting emissions of oxides of 
nitrogen (NOX) to address the Phase I NOX SIP Call 
requirements. EPA conditionally approved Michigan's April 3, 2003, SIP 
revision on April 16, 2004. On May 27, 2004 and August 5, 2004, Michigan 
subsequently submitted for EPA approval SIP revisions to address the 
requirements found in EPA's conditional approval. These additional 
submittals, in combination with the original SIP revision, fulfill the 
Phase I NOX SIP Call requirements.
    (i) Incorporation by reference. The following sections of the 
Michigan Administrative Code are incorporated by reference.

[[Page 209]]

    (A) R336.1802 Applicability under oxides of nitrogen budget trading 
program, effective May 20, 2004.
    (B) R336.1803 Definitions for oxides of nitrogen budget trading 
program, effective December 4, 2002.
    (C) R336.1804 Retired unit exemption from oxides of nitrogen budget 
trading program, effective May 20, 2004.
    (D) R336.1805 Standard requirements of oxides of nitrogen budget 
trading program, effective December 4, 2002.
    (E) R336.1806 Computation of time under oxides of nitrogen budget 
trading program, effective December 4, 2002.
    (F) R336.1807 Authorized account representative under oxides of 
nitrogen budget trading program, effective December 4, 2002.
    (G) R336.1808 Permit requirements under oxides of nitrogen budget 
trading program, effective December 4, 2002.
    (H) R336.1809 Compliance certification under oxides of nitrogen 
budget trading program, effective December 4, 2002.
    (I) R336.1810 Allowance allocations under oxides of nitrogen budget 
trading program, effective December 4, 2002.
    (J) R336.1811 New source set-aside under oxides of nitrogen budget 
trading program, effective May 20, 2004.
    (K) R336.1812 Allowance tracking system and transfers under oxides 
of nitrogen budget trading program, effective December 4, 2002.
    (L) R336.1813 Monitoring and reporting requirements under oxides of 
nitrogen budget trading, effective December 4, 2002.
    (M) R336.1814 Individual opt-ins under oxides of nitrogen budget 
trading program, effective December 4, 2002.
    (N) R336.1815 Allowance banking under oxides of nitrogen budget 
trading program, effective December 4, 2002.
    (O) R336.1816 Compliance supplement pool under oxides of nitrogen 
budget trading program, effective December 4, 2002.
    (P) R336.1817 Emission limitations and restrictions for Portland 
cement kilns, effective December 4, 2002.
    (122) On April 3, 2003, May 28, 2003, September 17, 2004, October 
25, 2004 and June 8, 2005, Michigan submitted revisions to the State 
Implementation
    Plan which affect the following sections of the Michigan 
Administrative Code: Part 3: Emission Limitations and Prohibitions--
Particulate Matter; Part 4: Emission Limitations and Prohibitions--
Sulfur-bearing Compounds; Part 6: Emission Limitations and 
Prohibitions--Existing Sources of Volatile Organic Compound Emissions; 
Part 7: Emission Limitations and Prohibitions--New Sources of Volatile 
Organic Compound Emissions; Part 9: Emission Limitations and 
Prohibitions--Miscellaneous; Part 10: Intermittent Testing and Sampling; 
and Part 11: Continuous Emission Monitoring.
    (i) Incorporation by reference. The following sections of the 
Michigan Administrative Code are incorporated by reference.
    (A) Revisions to the following provisions of the Michigan 
Administrative Code, effective April 30, 1998:
    (1) R 336.1358 Roof monitor visible emissions at steel manufacturing 
facilities from electric arc furnaces and blast furnaces.
    (2) R 336.1361 Visible emissions from blast furnace casthouse 
operations at steel manufacturing facilities.
    (3) R 336.1362 Visible emissions from electric arc furnace 
operations at steel manufacturing facilities.
    (4) R 336.1363 Visible emissions from argon-oxygen decarburization 
operations at steel manufacturing facilities.
    (B) R 336.1625 Emission of volatile organic compound from existing 
equipment utilized in manufacturing synthesized pharmaceutical products, 
filed with the Secretary of State on November 14, 2000 and effective 
November 30, 2000.
    (C) Revisions to the following provisions of the Michigan 
Administrative Code, filed with the Secretary of State March 11, 2002 
and effective March 19, 2002:
    (1) R 336.1301 Standards for density of emissions.
    (2) R 336.1303 Grading visible emissions.
    (3) R 336.1330 Electrostatic precipitator control systems.
    (4) R 336.1331 Emission of particulate matter, except C8 of Table 
31.
    (5) R 336.1371 Fugitive dust control programs other than areas 
listed in table 36.

[[Page 210]]

    (6) R 336.1372 Fugitive dust control program; required activities; 
typical control methods.
    (7) R 336.1374 Particulate matter contingency measures; area listed 
in table 37.
    (8) R 336.1401 Emission of sulfur dioxide from power plants.
    (9) R 336.1403 Oil- and natural gas-producing or transporting 
facilities and natural gas-processing facilities; emissions; operation.
    (10) R 336.1601 Definitions.
    (11) R 336.1604 Storage of organic compounds having true vapor 
pressure of more than 1.5 psia, but less than 11 psia, in existing fixed 
roof stationary vessels of more than 40,000-gallon capacity.
    (12) R 336.1605 Storage of organic compounds having true vapor 
pressure of 11 or more psia in existing stationary vessels of more than 
40,000-gallon capacity.
    (13) R 336.1606 Loading gasoline into existing stationary vessels of 
more than 2,000-gallon capacity at dispensing facilities handling 
250,000 or more gallons per year.
    (14) R 336.1607 Loading gasoline into existing stationary vessels of 
more than 2,000-gallon capacity at loading facilities.
    (15) R 336.1608 Loading gasoline into delivery vessels at existing 
loading facilities handling less than 5,000,000 gallons per year.
    (16) R 336.1615 Existing vacuum-producing systems at petroleum 
refineries.
    (17) R 336.1616 Process unit turnarounds at petroleum refineries.
    (18) R 336.1617 Existing organic compound-water separators at 
petroleum refineries.
    (19) R 336.1618 Use of cutback paving asphalt.
    (20) R 336.1619 Standards for perchloroethylene dry cleaning 
equipment; adoption of standards by reference.
    (21) R 336.1622 Emission of volatile organic compounds from existing 
components of petroleum refineries; refinery monitoring program.
    (22) 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.
    (23) R 336.1627 Delivery vessels; vapor collection systems.
    (24) R 336.1628 Emission of volatile organic compounds from 
components of existing process equipment used in manufacturing synthetic 
organic chemicals and polymers; monitoring program.
    (25) R 336.1629 Emission of volatile organic compounds from 
components of existing process equipment used in processing natural gas; 
monitoring program.
    (26) R 336.1630 Emission of volatile organic compounds from existing 
paint manufacturing processes.
    (27) R 336.1631 Emission of volatile organic compounds from existing 
process equipment utilized in manufacture of polystyrene or other 
organic resins.
    (28) R 336.1702 New sources of volatile organic compound emissions 
generally.
    (29) R 336.1705 Loading gasoline into delivery vessels at new 
loading facilities handling less than 5,000,000 gallons per year.
    (30) R 336.1906 Diluting and concealing emissions.
    (31) R 336.1911 Malfunction abatement plans.
    (32) R 336.1930 Emission of carbon monoxide from ferrous cupola 
operations.
    (33) R 336.2001 Performance tests by owner.
    (34) R 336.2002 Performance tests by department.
    (35) R 336.2003 Performance test criteria.
    (36) R 336.2004 Appendix A; reference test methods; adoption of 
Federal reference test methods.
    (37) R 336.2005 Reference test methods for delivery vessels.
    (38) R 336.2007 Alternate version of procedure L, referenced in R 
336.2040(10).
    (39) R 336.2013 Reference test method 5D.
    (40) R 336.2021 Figures.
    (41) R 336.2040 Method for determination of volatile organic 
compound emissions from coating lines and graphic arts lines, except 
subrules (9) and (10).

[[Page 211]]

    (42) R 336.2101 Continuous emission monitoring, fossil fuel-fired 
steam generators.
    (43) R 336.2150 Performance specifications for continuous emission 
monitoring systems.
    (44) R 336.2155 Monitor location for continuous emission monitoring 
systems.
    (45) R 336.2159 Alternative continuous emission monitoring systems.
    (46) R 336.2170 Monitoring data reporting and recordkeeping.
    (47) R 336.2189 Alternative data reporting or reduction procedures.
    (48) R 336.2190 Monitoring system malfunctions.
    (D) Revisions to the following provisions of the Michigan 
Administrative Code, effective October 15, 2004:
    (1) R 336.2012 Reference test method 5C.
    (2) R 336.2014 Reference test method 5E.
    (3) R 336.2175 Data reduction procedures for fossil fuel-fired steam 
generators.
    (E) R 336.2011 Reference test method 5B, filed with the Secretary of 
State on April 21, 2005 and effective April 29, 2005.

[37 FR 10873, May 31, 1972. Redesignated and amended at 71 FR 52469, 
Sept. 6, 2006]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1190 (formally Sec. 52.1170), see the List of CFR Sections Affected, 
which appears in the Finding Aids section of the printed volume and on 
GPO Access.



                           Subpart Y_Minnesota



Sec. 52.1219  Identification of plan--conditional approval.

    (a) On November 12, 1993, the Minnesota Pollution Control Agency 
submitted a revision request to Minnesota's carbon monoxide SIP for 
approval of the State's basic inspection and maintenance (I/M) program. 
The basic I/M program requirements apply to sources in the State's 
moderate nonattainment areas for carbon monoxide and includes the 
following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 
Washington Counties. The USEPA is conditionally approving Minnesota's 
basic I/M program provided that the State adopt specific enforceable 
measures as outlined in its July 5, 1994 letter from Charles W. 
Williams, Commissioner, Minnesota Air Pollution Control Agency.
    (i) Incorporation by reference.
    (A) Minnesota Rules relating to Motor Vehicle Emissions parts 
7023.1010 to 7023.1105, effective January 8, 1994.
    (ii) Additional material.
    (A) Letter from the State of Minnesota to USEPA dated July 5, 1994.
    (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) Purpose and scope. This section sets forth the applicable State 
Implementation Plan (SIP) for Minnesota under section 110 of the Clean 
Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet National Ambient Air 
Quality Standards.
    (b) Incorporation by reference.

[[Page 212]]

    (1) Material listed in paragraphs (c) and (d) of this section with 
an EPA approval date prior to December 1, 2004, 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 the EPA approval 
dates after December 1, 2004, will be incorporated by reference in the 
next update to the SIP compilation.
    (2) EPA Region 5 certifies that the rules/regulations provided by 
the 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 
December 1, 2004.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, Region 5, Air Programs 
Branch, 77 West Jackson Boulevard, Chicago, IL 60604; the EPA, Air and 
Radiation Docket and Information Center, 1301 Constitution Avenue NW., 
Room B108, Washington, DC 20460; or the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call (202) 741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
    (c) EPA approved regulations.

                                       EPA--Approved Minnesota Regulations
----------------------------------------------------------------------------------------------------------------
                                                      State
  Minnesota  citation        Title / subject     effective date     EPA approval date            Comments
----------------------------------------------------------------------------------------------------------------
                                     CHAPTER 7001 PERMITS AND CERTIFICATIONS
----------------------------------------------------------------------------------------------------------------
7001.0020..............  Scope.................        08/10/93  05/02/95, 60 FR 21447..  Only items I and J.
7001.0050..............  Written application...        08/10/93  05/02/95, 60 FR 21447..  Only item I.
7001.0140..............  Final determination...        08/10/93  05/02/95, 60 FR 21447..  Only Subp. 2F.
7001.0180..............  Justification to              08/10/93  05/02/95, 60 FR 21447..  Only item D.
                          commence revocation
                          without reissuance of
                          permit.
7001.0550..............  Contents of part a of         08/10/93  05/02/95, 60 FR 21447..  Only items E and J(3).
                          application.
7001.3050..............  Permit requirements...        08/10/93  05/02/95, 60 FR 21447..  Only Subp. 3E.
----------------------------------------------------------------------------------------------------------------
                                            CHAPTER 7002 PERMIT FEES
----------------------------------------------------------------------------------------------------------------
7002.0005..............  Scope.................        08/10/93  05/02/95, 60 FR 21447..
7002.0015..............  Definitions...........        08/10/93  05/02/95, 60 FR 21447..  Only Subp. 1 and 2.
----------------------------------------------------------------------------------------------------------------
                                   CHAPTER 7005 DEFINITIONS AND ABBREVIATIONS
----------------------------------------------------------------------------------------------------------------
7005.0100..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..  All except 25(a),
                                                                                           NESHAP definition.
7005.0110..............  Abbreviations.........        10/18/93  05/24/95, 60 FR 27411..
----------------------------------------------------------------------------------------------------------------
                                        CHAPTER 7007 AIR EMISSION PERMITS
----------------------------------------------------------------------------------------------------------------
7007.0050..............  Scope.................        08/10/93  05/02/95, 60 FR 21447..
7007.0100..............  Definitions...........        08/10/93  05/02/95, 60 FR 21447..
                                                       12/27/94  05/18/99, 64 FR 26880..  Revised Subp. 9a, 12a,
                                                                                           12b, 17, 18a, and 28.
7007.0150..............  Permit required.......        08/10/93  05/02/95, 60 FR 21447..
                                                       12/27/94  05/18/99, 64 FR 26880..  Revised Subp. 2 and 4.
7007.0200..............  Sources required or           08/10/93  05/02/95, 60 FR 21447..
                          allowed to obtain a
                          part 70 permit.

[[Page 213]]

 
                                                       12/27/94  05/18/99, 64 FR 26880..  Revised Subp. 1.
7007.0250..............  Sources required to           08/10/93  05/02/95, 60 FR 21447..
                          obtain a state permit.
                                                       12/27/94  05/18/99, 64 FR 26880..  Revised Subp. 1 and 7.
7007.0300..............  Sources not required          08/10/93  05/02/95, 60 FR 21447..
                          to obtain a permit.
                                                       12/27/94  05/18/99, 64 FR 26880..  Revised Subp. 1.
7007.0350..............  Existing source               08/10/93  05/02/95, 60 FR 21447..
                          application deadlines
                          and source operation
                          during transition.
                                                       12/27/94  05/18/99, 64 FR 26880..  Revised Subp. 1A.
7007.0400..............  Permit reissuance             08/10/93  05/02/95, 60 FR 21447..
                          applications after           12/27/94  05/18/99, 64 FR 26880..
                          transition; new                        Revised Subp. 1 and 4..
                          source and permit
                          amendment
                          applications;
                          applications for
                          sources newly subject
                          to a Part 70 or State
                          permit requirement.
 
7007.0450..............  Permit reissuance             08/10/93  05/02/95, 60 FR 21447..
                          applications and             12/27/94  05/18/99, 64 FR 26880..
                          continuation of                        Revised Subp. 2C.......
                          expiring permits.
7007.0500..............  Content of permit             08/10/93  05/02/95, 60 FR 21447..
                          application.
7007.0550..............  Confidential                  08/10/93  05/02/95, 60 FR 21447..
                          information.
7007.0600..............  Complete application          08/10/93  05/02/95, 60 FR 21447..
                          and supplemental
                          information
                          requirements.
7007.0650..............  Who receives an               08/10/93  05/02/95, 60 FR 21447..
                          application.
7007.0700..............  Completeness review...        08/10/93  05/02/95, 60 FR 21447..
7007.0750..............  Application priority          08/10/93  05/02/95, 60 FR 21447..
                          and issuance
                          timelines.
                                                       12/27/94  05/18/99, 64 FR 26880..  Revised Subp. 5.
7007.0800..............  Permit content........        08/10/93  05/02/95, 60 FR 21447..
                                                       02/28/95  10/14/97, 62 FR 53239..  Revised Subp. 6.C(5).
7007.0850..............  Permit application            08/10/93  05/02/95, 60 FR 21447..
                          notice and comment.
7007.0900..............  Review of part 70             08/10/93  05/02/95, 60 FR 21447..
                          permits by affected
                          states.
7007.0950..............  EPA review and                08/10/93  05/02/95, 60 FR 21447..
                          objection.
7007.1000..............  Permit issuance and           08/10/93  05/02/95, 60 FR 21447..
                          denial.
7007.1050..............  Duration of permits...        08/10/93  05/02/95, 60 FR 21447..
                                                       12/27/94  05/18/99, 64 FR 26880..  Revised Subp. 3a.
7007.1100..............  General permits.......        08/10/93  05/02/95, 60 FR 21447..
7007.1110..............  Registration permit           12/27/94  05/18/99, 64 FR 26880..
                          general requirements.
7007.1115..............  Registration permit           12/27/94  05/18/99, 64 FR 26880..
                          option a.
7007.1120..............  Registration permit           12/27/94  05/18/99, 64 FR 26880..
                          option b.
7007.1130..............  Registration permit           12/27/94  05/18/99, 64 FR 26880..
                          option d.
7007.1150..............  When a permit                 08/10/93  05/02/95, 60 FR 21447..
                          amendment is required.

[[Page 214]]

 
                                                       12/27/94  05/18/99, 64 FR 26880..  Revised Subp. (C).
7007.1200..............  Calculating emission          12/27/94  05/18/99, 64 FR 26880..
                          changes for permit
                          amendments.
7007.1250..............  Insignificant                 08/10/93  05/02/95, 60 FR 21447..
                          modifications.
                                                       12/27/94  05/18/99, 64 FR 26880..  Revised Subp. 1.
7007.1251..............  Hazardous air                 12/27/94  05/18/99, 64 FR 26880..
                          pollutant thresholds.
7007.1300..............  Insignificant                 08/10/93  05/02/95, 60 FR 21447..
                          activities list.
                                                       12/27/94  05/18/99, 64 FR 26880..  Revised Subp. 2, 3,
                                                                                           and 4.
7007.1350..............  Changes which                 08/10/93  05/02/95, 60 FR 21447..
                          contravene certain
                          permit terms.
7007.1400..............  Administrative permit         08/10/93  05/02/95, 60 FR 21447..
                          amendments.
7007.1450..............  Minor and moderate            08/10/93  05/02/95, 60 FR 21447..
                          permit amendments.
                                                       12/27/94  05/18/99, 64 FR 26880..  Revised Subp. 2.
7007.1500..............  Major permit                  08/10/93  05/02/95, 60 FR 21447..
                          amendments.
7007.1600..............  Permit reopening and          08/10/93  05/02/95, 60 FR 21447..
                          amendment by agency.
7007.1650..............  Reopenings for cause          08/10/93  05/02/95, 60 FR 21447..
                          by EPA.
7007.1700..............  Permit revocation by          08/10/93  05/02/95, 60 FR 21447..
                          agency.
7007.1750..............  Federal enforceability        08/10/93  05/02/95, 60 FR 21447..
7007.1800..............  Permit shield.........        08/10/93  05/02/95, 60 FR 21447..
7007.1850..............  Emergency provision...        08/10/93  05/02/95, 60 FR 21447..
----------------------------------------------------------------------------------------------------------------
                                                     Offsets
----------------------------------------------------------------------------------------------------------------
7007.4000..............  Scope.................        10/18/93  05/24/95, 60 FR 27411..
7007.4010..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7007.4020..............  Conditions for permit.        10/18/93  05/24/95, 60 FR 27411..
7007.4030..............  Limitation on use of          10/18/93  05/24/95, 60 FR 27411..
                          offsets.
----------------------------------------------------------------------------------------------------------------
                                   CHAPTER 7009 AMBIENT AIR QUALITY STANDARDS
----------------------------------------------------------------------------------------------------------------
7009.0010..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7009.0020..............  Prohibited emissions..        10/18/93  05/24/95, 60 FR 27411..
7009.0050..............  Measurement                   10/18/93  05/24/95, 60 FR 27411..
                          methodology, except
                          for hydrogen sulfide.
7009.0060..............  Measurement                   10/18/93  05/24/95, 60 FR 27411..
                          methodology for
                          hydrogen sulfide.
7009.0070..............  Time of compliance....        10/18/93  05/24/95, 60 FR 27411..
7009.0080..............  State ambient air             10/18/93  05/24/95, 60 FR 27411..
                          quality standards.
7009.1000..............  Air pollution episodes        10/18/93  05/24/95, 60 FR 27411..
7009.1010..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7009.1020..............  Episode levels........        10/18/93  05/24/95, 60 FR 27411..
7009.1030..............  Episode declaration...        10/18/93  05/24/95, 60 FR 27411..

[[Page 215]]

 
7009.1040..............  Control actions.......        10/18/93  05/24/95, 60 FR 27411..
7009.1050..............  Emergency powers......        10/18/93  05/24/95, 60 FR 27411..
7009.1060..............  Table 1...............        10/18/93  05/24/95, 60 FR 27411..
7009.1070..............  Table 2: emission             10/18/93  05/24/95, 60 FR 27411..
                          reduction objectives
                          for particulate
                          matter.
7009.1080..............  Table 3: emission             10/18/93  05/24/95, 60 FR 27411..
                          objectives for sulfur
                          oxides.
7009.1090..............  Table 4: emission             10/18/93  05/24/95, 60 FR 27411..
                          reduction objectives
                          for nitrogen oxides.
7009.1100..............  Table 5: emission             10/18/93  05/24/95, 60 FR 27411..
                          reduction objectives
                          for hydrocarbons.
7009.1110..............  Table 6: emission             10/18/93  05/24/95, 60 FR 27411..
                          reduction objectives
                          for carbon monoxide.
----------------------------------------------------------------------------------------------------------------
                                             General Conformity Rule
----------------------------------------------------------------------------------------------------------------
7009.9000..............  Determining conformity        11/20/95  04/23/97, 62 FR 19674..
                          of general federal
                          actions to state or
                          federal
                          implementation plans.
----------------------------------------------------------------------------------------------------------------
                                  CHAPTER 7011 STANDARDS FOR STATIONARY SOURCES
----------------------------------------------------------------------------------------------------------------
7011.0010..............  Applicability of              10/18/93  05/24/95, 60 FR 27411..
                          standards of
                          performance.
                                                       07/13/98  05/13/02, 67 FR 31963..  Revised Subp. 4 and 5
7011.0020..............  Circumvention.........        10/18/93  05/24/95, 60 FR 27411..
7011.0060..............  Definitions...........        12/27/94  05/18/99, 64 FR 26880..
7011.0061..............  Incorporation by              12/27/94  05/18/99, 64 FR 26880..
                          reference.
7011.0065..............  Applicability.........        12/27/94  05/18/99, 64 FR 26880..
7011.0070..............  Listed control                12/27/94  05/18/99, 64 FR 26880..
                          equipment and control
                          equipment
                          efficiencies.
7011.0075..............  Listed control                12/27/94  05/18/99, 64 FR 26880..
                          equipment general
                          requirements.
7011.0080..............  Monitoring and record         12/27/94  05/18/99, 64 FR 26880..
                          keeping for listed
                          control equipment.
----------------------------------------------------------------------------------------------------------------
                                                     Opacity
----------------------------------------------------------------------------------------------------------------
7011.0100..............  Scope.................        10/18/93  05/24/95, 60 FR 27411..
7011.0105..............  Visible emission              07/13/98  05/13/02, 67 FR 31963..
                          restrictions for
                          existing facilities.
7011.0110..............  Visible emission              10/18/93  05/24/95, 60 FR 27411..
                          restrictions for new
                          facilities.
7011.0115..............  Performance tests.....        10/18/93  05/24/95, 60 FR 27411..
7011.0150..............  Preventing particulate        10/18/93  05/24/95, 60 FR 27411..
                          matter from becoming
                          airborne.
----------------------------------------------------------------------------------------------------------------
                                           Indirect Heating Equipment
----------------------------------------------------------------------------------------------------------------
7011.0500..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7011.0505..............  Determination of              10/18/93  05/24/95, 60 FR 27411..
                          applicable standards
                          of performance.
7011.0510..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for
                          existing indirect
                          heating equipment.
                                                       07/13/98  05/13/02, 67 FR 31963..  Revised Subp. 2.
7011.0515..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for new
                          indirect heating
                          equipment.
                                                       07/13/98  05/13/02, 67 FR 31963..  Revised Subp. 2.

[[Page 216]]

 
7011.0520..............  Allowance for stack           10/18/93  05/24/95, 60 FR 27411..
                          height for indirect
                          heating equipment.
7011.0525..............  High heating value....        10/18/93  05/24/95, 60 FR 27411..
7011.0530..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          methods.
7011.0535..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          procedures.
7011.0540..............  Derate................        10/18/93  05/24/95, 60 FR 27411..
7011.0545..............  Table I: Existing             10/18/93  05/24/95, 60 FR 27411..
                          indirect heating
                          equipment.
7011.0550..............  Table II: New indirect        10/18/93  05/24/95, 60 FR 27411..
                          heating equipment.
----------------------------------------------------------------------------------------------------------------
                                            Direct Heating Equipment
----------------------------------------------------------------------------------------------------------------
7011.0600..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7011.0605..............  Determination of              10/18/93  05/24/95, 60 FR 27411..
                          applicable standards
                          of performance.
7011.0610..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for
                          fossil-fuel-burning
                          direct heating
                          equipment.
                                                       07/13/98  05/13/02, 67 FR 31963..  Revised Subp. 1(A).
7011.0615..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          methods.
7011.0620..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          procedures.
7011.0625..............  Record keeping and            04/03/98  08/12/98, 63 FR 43080..
                          reporting for direct
                          heating units
                          combusting solid
                          waste.
----------------------------------------------------------------------------------------------------------------
                                          Industrial Process Equipment
----------------------------------------------------------------------------------------------------------------
7011.0700..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7011.0705..............  Scope.................        10/18/93  05/24/95, 60 FR 27411..
7011.0710..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for pre-
                          1969 industrial
                          process equipment.
                                                       07/13/98  05/13/02, 67 FR 31963..  Revised Subp. 1(B).
7011.0715..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for post-
                          1969 industrial
                          process equipment.
7011.0720..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          methods.
7011.0725..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          procedures.
7011.0730..............  Table 1...............        10/18/93  05/24/95, 60 FR 27411..
7011.0735..............  Table 2...............        10/18/93  05/24/95, 60 FR 27411..
----------------------------------------------------------------------------------------------------------------
                                             Portland Cement Plants
----------------------------------------------------------------------------------------------------------------
 
7011.0800..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7011.0805..............  Standards of                  07/13/98  05/13/02, 67 FR 31963..
                          performance for
                          existing portland
                          cement plants.
7011.0815..............  Monitoring of                 10/18/93  05/24/95, 60 FR 27411..
                          operations.
7011.0820..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          methods.
7011.0825..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          procedures.
----------------------------------------------------------------------------------------------------------------
                                             Asphalt Concrete Plants
----------------------------------------------------------------------------------------------------------------
7011.0900..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..

[[Page 217]]

 
7011.0903..............  Compliance with               10/18/93  05/24/95, 60 FR 27411..
                          ambient air quality
                          standards.
7011.0905..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for
                          existing asphalt
                          concrete plants.
7011.0909..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for new
                          hot mix asphalt
                          plants.
7011.0915..............  Test methods..........        10/18/93  05/24/95, 60 FR 27411..
7011.0920..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          procedures.
----------------------------------------------------------------------------------------------------------------
                                                 Grain Elevators
----------------------------------------------------------------------------------------------------------------
7011.1000..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7011.1005..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..  Entire rule except
                          performance for dry                                              Subp. 2.
                          for bulk agricultural
                          commodity facilities.
7011.1010..............  Nuisance..............        10/18/93  05/24/95, 60 FR 27411..
7011.1015..............  Control requirements          10/18/93  05/24/95, 60 FR 27411..
                          schedule.
----------------------------------------------------------------------------------------------------------------
                                            Coal Handling Facilities
----------------------------------------------------------------------------------------------------------------
7011.1100..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7011.1105..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for
                          certain coal handling
                          facilities.
7011.1110..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for
                          existing outstate
                          coal handling
                          facilities.
7011.1115..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for
                          pneumatic coal-
                          cleaning equipment
                          and thermal dryers at
                          any coal handling
                          facility.
7011.1120..............  Exemption.............        10/18/93  05/24/95, 60 FR 27411..
7011.1125..............  Cessation of                  10/18/93  05/24/95, 60 FR 27411..
                          operations.
7011.1135..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          procedures.
7011.1140..............  Dust suppressant              10/18/93  05/24/95, 60 FR 27411..
                          agents.
----------------------------------------------------------------------------------------------------------------
                                                  Incinerators
----------------------------------------------------------------------------------------------------------------
 
7011.1201..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7011.1202..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for
                          existing incinerators.
7011.1203..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for new
                          incinerators..
7011.1204..............  Monitoring of                 10/18/93  05/24/95, 60 FR 27411..
                          operations.
7011.1205..............  Incorporations by             10/18/93  05/24/95, 60 FR 27411..
                          reference.
7011.1206..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          methods.
7011.1207..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          procedures.
----------------------------------------------------------------------------------------------------------------
                                           Sewage Sludge Incinerators
----------------------------------------------------------------------------------------------------------------
7011.1300..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7011.1305..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for
                          existing sewage
                          sludge incinerators.
                                                       07/13/98  05/13/02, 67 FR 31963..  Revised Subp. (C)
7011.1310..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for new
                          sewage sludge
                          incinerators.

[[Page 218]]

 
7011.1315..............  Monitoring of                 10/18/93  05/24/95, 60 FR 27411..
                          operations.
7011.1320..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          methods.
7011.1325..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          procedures.
----------------------------------------------------------------------------------------------------------------
                                              Petroleum Refineries
----------------------------------------------------------------------------------------------------------------
 
7011.1400..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7011.1405..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for
                          existing affected
                          facilities at
                          petroleum refineries.
                                                       07/13/98  05/13/02, 67 FR 31963..  Revised Subp. 1 and 3.
7011.1410..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for new
                          affected facilities
                          at petroleum
                          refineries.
                                                       07/13/98  05/13/02, 67 FR 31963..  Revised Subp. 1, 3(B),
                                                                                           3(C)(2)
7011.1415..............  Exemptions............        10/18/93  05/24/95, 60 FR 27411..
7011.1420..............  Emission monitoring...        10/18/93  05/24/95, 60 FR 27411..
7011.1425..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          methods.
7011.1430..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          procedures.
----------------------------------------------------------------------------------------------------------------
                                    Liquid Petroleum and VOC Storage Vessels
----------------------------------------------------------------------------------------------------------------
7011.1500..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7011.1505..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for
                          storage vessels.
7011.1510..............  Monitoring of                 10/18/93  05/24/95, 60 FR 27411..
                          operations.
7011.1515..............  Exception.............        10/18/93  05/24/95, 60 FR 27411..
----------------------------------------------------------------------------------------------------------------
                                              Sulfuric Acid Plants
----------------------------------------------------------------------------------------------------------------
7011.1600..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7011.1605..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance of
                          existing sulfuric
                          acid production units.
7011.1615..............  Continuous emission           10/18/93  05/24/95, 60 FR 27411..
                          monitoring.
7011.1620..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          methods.
7011.1625..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          procedures.
7011.1630..............  Exceptions............        10/18/93  05/24/95, 60 FR 27411..
----------------------------------------------------------------------------------------------------------------
                                               Nitric Acid Plants
----------------------------------------------------------------------------------------------------------------
7011.1700..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7011.1705..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for
                          existing nitric acid
                          production units.
7011.1715..............  Emission monitoring...        10/18/93  05/24/95, 60 FR 27411..
7011.1720..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          methods.
7011.1725..............  Performance test              10/18/93  05/24/95, 60 FR 27411..
                          procedures.
----------------------------------------------------------------------------------------------------------------

[[Page 219]]

 
                                           Inorganic Fibrous Materials
----------------------------------------------------------------------------------------------------------------
7011.2100..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7011.2105..............  Spraying of inorganic         10/18/93  05/24/95, 60 FR 27411..
                          fibrous materials.
----------------------------------------------------------------------------------------------------------------
                                     Stationary Internal Combustion Engines
----------------------------------------------------------------------------------------------------------------
7011.2300..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for
                          stationary internal
                          combustion engines.
----------------------------------------------------------------------------------------------------------------
                                CHAPTER 7017 MONITORING AND TESTING REQUIREMENTS
----------------------------------------------------------------------------------------------------------------
7017.0100..............  Establishing                  02/28/95  I0/14/97, 62 FR 53239..
                          violations.
----------------------------------------------------------------------------------------------------------------
                                                      CEMS
----------------------------------------------------------------------------------------------------------------
7017.1000..............  Continuous monitoring.        10/18/93  05/24/95, 60 FR 27411..
----------------------------------------------------------------------------------------------------------------
                                                Performance Tests
----------------------------------------------------------------------------------------------------------------
7017.2001..............  Applicability.........        07/13/98  05/13/02, 67 FR 31963..
7017.2005..............  Definitions...........        07/13/98  05/13/02, 67 FR 31963..
7017.2010..............  Incorporation of test         07/13/98  05/13/02, 67 FR 31963..
                          methods by reference.
7017.2015..............  Incorporation of              07/13/98  05/13/02, 67 FR 31963..
                          federal testing
                          requirements by
                          reference.
7017.2018..............  Submittals............        07/13/98  05/13/02, 67 FR 31963..
7017.2020..............  Performance tests             07/13/98  05/13/02, 67 FR 31963..
                          general requirements.
7017.2025..............  Operational                   07/13/98  05/13/02, 67 FR 31963..
                          requirements and
                          limitations.
7017.2030..............  Performance test              07/13/98  05/13/02, 67 FR 31963..
                          pretest requirements.
7017.2035..............  Performance test              07/13/98  05/13/02, 67 FR 31963..
                          reporting
                          requirements.
7017.2040..............  Certification of              07/13/98  05/13/02, 67 FR 31963..
                          performance test
                          results.
7017.2045..............  Quality assurance             07/13/98  05/13/02, 67 FR 31963..
                          requirements.
7017.2050..............  Performance test              07/13/98  05/13/02, 67 FR 31963..
                          methods.
7017.2060..............  Performance test              07/13/98  05/13/02, 67 FR 31963..
                          procedures.
----------------------------------------------------------------------------------------------------------------
                                  CHAPTER 7019 EMISSION INVENTORY REQUIREMENTS
----------------------------------------------------------------------------------------------------------------
7019.1000..............  Shutdowns and                 10/18/93  05/24/95, 60 FR 27411..
                          breakdowns.
7019.2000..............  Reports...............        10/18/93  05/24/95, 60 FR 27411..
7019.3000..............  Emission inventory....        10/18/93  05/24/95, 60 FR 27411..
7019.3010..............  Calculation of actual         10/18/93  05/24/95, 60 FR 27411..
                          emissions for
                          emission inventory.
----------------------------------------------------------------------------------------------------------------
                                    CHAPTER 7023 MOBILE AND INDIRECT SOURCES
----------------------------------------------------------------------------------------------------------------
7023.0100..............  Definitions...........        10/18/93  05/24/95, 60 FR 27411..
7023.0105..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for motor
                          vehicles.
7023.0110..............  Standards of                  10/18/93  05/24/95, 60 FR 27411..
                          performance for
                          trains, boats, and
                          construction
                          equipment.
7023.0115..............  Exemption.............        10/18/93  05/24/95, 60 FR 27411..

[[Page 220]]

 
7023.0120..............  Air pollution control         10/18/93  05/24/95, 60 FR 27411..
                          systems restrictions.
7023.1010..............  Definitions...........        01/08/94  10/29/99, 64 FR 58344..  Entire rule except for
                                                                                           Subp. 35(B)
7023.1015..............  Inspection Requirement        01/08/94  10/29/99, 64 FR 58344..
7023.1020..............  Description of                01/08/94  10/29/99, 64 FR 58344..
                          Inspection and
                          Documents Required.
7023.1025..............  Tampering Inspection..        01/08/94  10/29/99, 64 FR 58344..
7023.1030..............  Exhaust Emission Test.        01/08/94  10/29/99, 64 FR 58344..  Entire rule except for
                                                                                           Subp. 11(B, C)
7023.1035..............  Reinspections.........        01/08/94  10/29/99, 64 FR 58344..
7023.1040..............  Vehicle Inspection            01/08/94  10/29/99, 64 FR 58344..
                          Report.
7023.1045..............  Certificate of                01/08/94  10/29/99, 64 FR 58344..
                          Compliance.
7023.1050..............  Vehicle Noncompliance         01/08/94  10/29/99, 64 FR 58344..
                          and Repair.
7023.1055..............  Certificate of Waiver.        01/08/94  10/29/99, 64 FR 58344..  Entire rule except for
                                                                                           Subp. 1 (E)(2).
7023.1060..............  Emission Control              01/08/94  10/29/99, 64 FR 58344..
                          Equipment Inspection
                          as a Condition of
                          Waiver.
7023.1065..............  Repair Cost Limit and         01/08/94  10/29/99, 64 FR 58344..
                          Low Emission
                          Adjustment.
7023.1070..............  Certificate of                01/08/94  10/29/99, 64 FR 58344..
                          Temporary Extension,
                          Certificate of Annual
                          Exemption, and
                          Certificate of
                          Exemption.
7023.1075..............  Evidence of Meeting           01/08/94  10/29/99, 64 FR 58344..
                          State Inspection
                          Requirements.
7023.1080..............  Fleet Inspection              01/08/94  10/29/99, 64 FR 58344..
                          Station Permits,
                          Procedures, and
                          Inspection.
7023.1085..............  Inspection Stations           01/08/94  10/29/99, 64 FR 58344..
                          Testing Fleet
                          Vehicles.
7023.1090..............  Exhaust Gas Analyzer          01/08/94  10/29/99, 64 FR 58344..
                          Specifications;
                          Calibration and
                          Qality Control.
7023.1095..............  [repealed, 18 sr 1593]        01/08/94  10/29/99, 64 FR 58344..
7023.1100..............  Public Notification...        01/08/94  10/29/99, 64 FR 58344..
7023.1105..............  Inspection Fees.......        01/08/94  10/29/99, 64 FR 58344..  ......................
----------------------------------------------------------------------------------------------------------------
                                               Minnesota Statutes
----------------------------------------------------------------------------------------------------------------
17.135.................  Farm Disposal of Solid            1993  05/24/95, 60 FR 27411..  Only item (a).
                          Waste.
88.01..................  Definitions...........            1993  05/24/95, 60 FR 27411..  Only Subd. 1, 2, 3, 4,
                                                                                           6, 14, 20, 23, 24,
                                                                                           25, and 26.
88.02..................  Citation, Wildfire Act            1993  05/24/95, 60 FR 27411..
88.03..................  Codification..........            1993  05/24/95, 60 FR 27411..
88.16..................  Starting Fires;                   1993  05/24/95, 60 FR 27411..  Only Subd. 1 and 2
                          Burners; Failure to
                          Report a Fire.
88.17..................  Permission to Start               1993  05/24/95, 60 FR 27411..
                          Fires; Prosecution
                          for Unlawfully
                          Starting Fires.
88.171.................  Open Burning                      1993  05/24/95, 60 FR 27411..  Only Subd. 1, 2, 5, 6,
                          Prohibitions.                                                    7, 8, 9, and 10
----------------------------------------------------------------------------------------------------------------
                               Twin Cities Nonattainment Area for Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
116.60.................  ......................            1999  10/29/99, 64 FR 58344..  Only Subd. 12.
116.61.................  ......................            1999  10/29/99, 64 FR 58344..  Only Subd. 1 and 3.
116.62.................  ......................            1999  10/29/99, 64 FR 58344..  Only Subd. 2, 3, 5,
                                                                                           and 10.

[[Page 221]]

 
116.63.................  ......................            1999  10/29/99, 64 FR 58344..  Only Subd. 4.
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved state source-specific requirements.

                                 EPA--Approved Minnesota Source-Specific Permits
----------------------------------------------------------------------------------------------------------------
                                                     State
        Name of source            Permit No.    effective date         EPA approval date             Comments
----------------------------------------------------------------------------------------------------------------
Associated Milk Producers,        10900010-001        05/05/97  03/09/01, 66 FR 14087..........  Title I
 Inc.                                                                                             conditions
                                                                                                  only.
Commercial Asphalt CO, Plant      12300347-002        09/10/99  07/12/00, 65 FR 42861..........  Title I
 905.                                                                                             conditions
                                                                                                  only.
                                                      02/25/94  09/09/94, 59 FR 46553..........  Amendment One
                                                                                                  to Findings
                                                                                                  and Order.
Federal Cartridge Company....     00300156-003        12/28/07  04/24/09, 74 FR 18634..........  Only conditions
                                                                                                  cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for SO2
                                                                                                  NAAQS.''
Flint Hills Resources, L.P.            7/14/06  8/20/07, 72 FR  Amendment Eight to Findings and
 (formerly Koch Petroleum).                              39568   Order..
Franklin Heating Station.....     1148-83-OT-1        06/19/98  03/09/01, 66 FR 14087..........  Title I
                                    [10900019]                                                    conditions
                                                                                                  only.
GAF Building Materials.......  ...............        05/27/92  04/14/94, 59 FR 17703..........  Findings and
                                                                                                  Order.
                                                      09/18/97  02/08/99, 64 FR 5936...........  Amendment Two
                                                                                                  to Findings
                                                                                                  and Order.
Gopher Smelting & Refining Co                         06/22/93  10/18/94, 59 FR 52431..........  Findings and
                                                                                                  Order.
Great Lakes Coal & Dock Co...                         08/25/92  02/15/94, 59 FR 7218...........  Amended
                                                                                                  Findings and
                                                                                                  Order.
                                                      12/21/94  06/13/95, 60 FR 31088..........  Amendment One
                                                                                                  to Amended
                                                                                                  Findings and
                                                                                                  Order.
Harvest States Cooperatives..                         01/26/93  02/15/94, 59 FR 7218...........  Findings and
                                                                                                  Order.
                                                      12/21/94  06/13/95, 60 FR 31088..........  Amendment One
                                                                                                  to Findings
                                                                                                  and Order.
Hoffman Enclosures...........     00300155-001        01/31/08  4/24/09, 74 FR 18634...........  Only conditions
                                                                                                  cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for SO2
                                                                                                  NAAQS.''
International Business            10900006-001        06/03/98  03/09/01, 66 FR 14087..........  Title I
 Machine Corp., IBM--                                                                             conditions
 Rochester.                                                                                       only.
J.L. Shiely Co...............                         08/25/92  02/15/94, 59 FR 7218...........  Amended
                                                                                                  Findings and
                                                                                                  Order.
                                                      12/21/94  06/13/95, 60 FR 31088..........  Amendment Two
                                                                                                  to Amended
                                                                                                  Findings and
                                                                                                  Order.
                                                      02/21/95  04/03/98, 63 FR 16435..........  Amendment Three
                                                                                                  to Amended
                                                                                                  Findings and
                                                                                                  Order.
Lafarge North America             12300391-002        11/17/07  9/11/07, 72 FR 51713...........  Only conditions
 Corporation, Childs Road                                                                         cited as
 Terminal.                                                                                        ``Title I
                                                                                                  condition: SIP
                                                                                                  for PM-10
                                                                                                  NAAQS.''
Lafarge Corp., Red Rock           12300353-002        05/07/02  08/19/04, 68 FR 51371..........  Title I
 Terminal.                                                                                        conditions
                                                                                                  only.
Marathon Ashland Petroleum,       16300003-003        10/26/99  05/20/02, 67 FR 35437..........  Title I
 LLC.                                                                                             conditions
                                                                                                  only.
Metropolitan Council              12300053-001        03/13/01  09/11/02, 67 FR 57517..........  Title I
 Environmental Service,                                                                           conditions
 Metropolitan Wastewater                                                                          only.
 Treatment Plant.
Minneapolis Energy Center Inc                         05/27/92  04/14/94, 59 FR 17706..........  Findings and
                                                                                                  Order for Main
                                                                                                  Plant, Baker
                                                                                                  Boiler Plant,
                                                                                                  and the Soo
                                                                                                  Line Boiler
                                                                                                  Plant.

[[Page 222]]

 
North Star Steel Co..........                         04/22/93  02/15/94, 59 FR 7218...........  Third Amended
                                                                                                  Findings and
                                                                                                  Order.
                                                      12/21/94  06/13/95, 60 FR 31088..........  Amendment One
                                                                                                  to Third
                                                                                                  Amended
                                                                                                  Findings and
                                                                                                  Order.
                                                      09/23/97  02/08/99, 64 FR 5936...........  Amendment Two
                                                                                                  to Third
                                                                                                  Amended
                                                                                                  Findings and
                                                                                                  Order.
Northern States Power Co.,        05300015-001        05/11/99  02/26/02, 67 FR 8727...........  Title I
 Riverside Plant.                                                                                 conditions
                                                                                                  only.
Olmsted County, Olmsted Waste-    10900005-002        08/23/07  04/21/09, 74 FR 18138..........  Only conditions
 to-Energy Facility.                                                                              cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for SO2.''
Rochester Public Utilities,      100900020-003        12/28/07  4/24/09, 74 FR 18638...........  Only conditions
 Cascade Creek Combustion.                                                                        cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for SO2
                                                                                                  NAAQS.''
Rochester Public Utilities,       10900011-001        07/22/97  03/09/01, 66 FR 14087..........  Title I
 Silver Lake Plant.                                                                               conditions
                                                                                                  only.
St. Mary's Hospital..........     10900008-007        02/28/97  03/09/01, 66 FR 14087..........  Title I
                                                                                                  conditions
                                                                                                  only.
St. Paul Terminals...........                         02/02/96  07/22/97, 62 FR 39120..........  Findings and
                                                                                                  Order.
United Defense, LP (formerly      00300020-001        11/25/02  08/18/04, 69 FR 51181..........  Title I
 FMC/U.S. Navy).                                                                                  conditions
                                                                                                  only.
Xcel Energy--Inver Hills          03700015-003        10/27/06  12/5/07, 72 FR 68508...........  Only conditions
 Generating Plant.                                                                                cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for SO2
                                                                                                  NAAQS.''
----------------------------------------------------------------------------------------------------------------

    (e) EPA approved nonregulatory provisions.

                                                    EPA--Approved Minnesota Nonregulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Applicable geographic  State submittal date/  effective
 Name of nonregulatory SIP provision   or nonattainment area                date                        EPA approved date                Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
Air Quality Surveillance Plan.......  Statewide.............  05/08/80, 06/02/80..............  03/04/81, 46 FR 15138...........
CAA 110(a)(2)(D)(i) SIP-Interstate    Statewide.............  10/23/07........................  06/02/08, 73 FR 31366...........
 Transport.
Carbon Monoxide 1993 periodic         Anoka, Carver, Dakota,  09/28/95........................  10/23/97, 62 FR 55170...........
 Emission Inventory.                   Hennepin, Ramsey,
                                       Scott, Washington,
                                       and Wright Counties.
Deletion of TSP Designations........  Statewide.............                                    07/10/02, 67 FR 45637...........
Duluth Carbon Monoxide Redesignation  St. Louis County        10/30/92........................  04/14/94, 59 FR 17708...........
 and Maintenance Plan.                 (part).
Duluth Carbon Monoxide                St. Louis County......  07/3/79 and 07/27/79............  06/16/80, 45 FR 40579...........
 Transportation Control Plan.
                                                              10/30/92........................  04/14/94, 59 FR 17706...........  Removal of
                                                                                                                                   transportation
                                                                                                                                   control measure.
Lead Maintenance Plan...............  Dakota County.........  06/22/93........................  10/18/94, 59 FR 52431...........  Corrected codification
                                                                                                                                   information on 05/31/
                                                                                                                                   95 at 60 FR 28339.
Lead Monitoring Plan................  Statewide.............  04/26/83, 02/15/84, and 02/21/84  07/05/84, 49 FR 27502...........  Entire Lead Plan
                                                                                                                                   except for the New
                                                                                                                                   Source Review
                                                                                                                                   portion.

[[Page 223]]

 
Oxygenated Fuels Program--Carbon      Anoka, Carver, Dakota,  04/29/92........................  02/21/96, 61 FR6547.............  Laws of Minnesota for
 Monoxide Contingency Measure.         Hennepin, Ramsey,                                                                           1992 Chapter 575,
                                       Scott, Washington,                                                                          section 29(b).
                                       and Wright Counties.
Rochester Carbon Monoxide             Olmstead County.......  07/3/79 and 07/27/79............  06/16/80, 45 FR 40579...........
 Transportation Control Plan.
Rochester PM-10 Redesignation and     Olmstead County.......  09/07/94........................  05/31/95, 60 FR 28339...........
 Maintenance Plan.
Rochester Sulfur Dioxide              Olmstead County.......  110/4/98........................  03/09/01, 66 FR 14087...........
 Redesignation and Maintenance Plan.
Small Business Stationary Source      Statewide.............  04/29/92........................  03/16/94, 59 FR 12165...........  MN Laws Ch 546
 Technical and Environmental                                                                                                       sections 5 through 9.
 Compliance Assistance Plan.
St. Cloud Carbon Monoxide             Benton, Sherbourne,     08/31/89........................  06/28/93, 58 FR 34532...........
 Redesignation.                        and Stearns Counties.
St. Cloud Carbon Monoxide             Benton, Sherbourne,     05/17/79........................  12/13/79, 44 FR 72116...........
 Transportation Control Plan.          and Stearns Counties.
                                                              08/31/89........................  06/28/93, 58 FR 34529...........
St. Paul PM-10 Redesignation and      Ramsey County.........  06/20/02........................  07/26/02, 67 FR 48787...........
 Maintenance Plan.
Twin Cities Carbon Monoxide           Anoka, Carver, Dakota,  03/23/98........................  10/29/99, 64 FR 58347...........
 Redesignation and Maintenance Plan.   Hennepin, Ramsey,
                                       Scott, Washington,
                                       and Wright Counties.
Twin Cities Carbon Monoxide           Anoka, Carver, Dakota,  07/3/79 and 07/27/79............  06/16/80, 45 FR 40579...........
 Transportation Control Plan.          Hennepin, Ramsey,      07/21/81........................  12/08/81, 46 FR 59972...........
                                       Scott, and Washington  05/20/85 and 04/17/86...........  12/31/86, 51 FR 47237...........
                                       Counties.
Twin Cities / Pine Bend Sulfur        Anoka, Carver, Dakota,  09/07/94........................  05/31/95, 60 FR 28339...........  Except for St. Paul
 Dioxide Redesignation and             Hennepin, Ramsey, and  ................................  ................................   Park area.
 Maintenance Plan.                     Washington Counties.   10/03/95........................  05/13/97, 62 FR 26230...........  St. Paul Park area.
Alternative Public Participation      Statewide.............  12/07/05........................  07/05/06, 71 FR 32274...........
 Process.
Lead Maintenance Plan...............  Dakota County.........  11/18/2002 and 11/19/2007.......  8/4/2008, 73 FR 31614...........  Maintenance plan
                                                                                                                                   update.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[70 FR 8932, Feb. 24, 2005, as amended at 70 FR 54844, Sept. 19, 2005; 
71 FR 32276, June 5, 2006; 72 FR 39568, 39570, July 19, 2007; 72 FR 
51716, Sept. 11, 2007; 72 FR 68511, Dec. 5, 2007; 73 FR 31368, June 2, 
2008; 73 FR 31616, June 3, 2008; 74 FR 18140, Apr. 21, 2009; 74 FR 
18637, 18640, Apr. 24, 2009]

    Effective Date Note: At 74 FR 23635, May 20, 2009, Sec. 52.1220 was 
amended in the table in paragraph (d) by removing the entry for ``North 
Star Steel Co.'' and adding in alphabetical order an entry for ``Gerdau 
Ameristeel US, Inc.'', effective July 20, 2009. For the convenience of 
the user, the added text is set forth as follows:



Sec. 52.1220  Identification of plan.

                                * * * * *

    (d) * * *

[[Page 224]]



                                                     EPA-Approved Minnesota Source-Specific Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              State
             Name of source                Permit No.    effective date             EPA approval date                            Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                    * * * * * * * * *
Gerdau Ameristeel US, Inc..............    12300055-004        09/10/08  05/20/09, 74 FR 23632..................  Only conditions cited as ``Title I
                                                                                                                   condition: SIP for PM10 NAAQS.''
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------



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  Original Identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Minnesota'' and all revisions submitted by Minnesota 
that were federally approved prior to December 1, 2004.
    (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.

[[Page 225]]

    (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, 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,

[[Page 226]]

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 
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

[[Page 227]]

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 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

[[Page 228]]

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.
    (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.

[[Page 229]]

    (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.
    (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.

[[Page 230]]

    (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.
    (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)-(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

[[Page 231]]

to 11 previously approved administrative orders. In addition, the 
previously approved administrative order for PM Ag Products (dated 
August 25, 1992) is revoked.
    (i) Incorporation by reference.
    (A) Amendments, all effective December 21, 1994, to administrative 
orders approved in paragraph (c)(29) of this section for: Ashbach 
Construction Company; Commercial Asphalt, Inc.; Great Lakes Coal & Dock 
Company; Harvest States Cooperatives; LaFarge Corporation; Metropolitan 
Council; North Star Steel Company; Rochester Public Utilities; and J.L. 
Shiely Company.
    (B) Amendments, effective December 21, 1994, to the administrative 
order approved in paragraph (c)(30) of this section for United Defense, 
LP (formerly FMC/U.S. Navy).
    (C) Amendments, effective December 21, 1994, to the administrative 
order approved in paragraph (c)(35) of this section for Northern States 
Power-Inver Hills Station.
    (42) On September 7, 1994, the State of Minnesota submitted a 
revision to its State Implementation Plan (SIP) for particulate matter 
for the Rochester area of Olmsted County, Minnesota.
    (i) Incorporation by reference.
    (A) Amendment Two to the administrative order for the Silver Lake 
Plant of Rochester Public Utilities, located in Rochester, Minnesota, 
dated and effective August 31, 1994, submitted September 7, 1994.
    (43) On November 12, 1993, the State of Minnesota submitted a 
contingency plan to control the emissions of carbon monoxide from mobile 
sources by use of oxygenated gasoline on a year-round basis. The 
submittal of this program satisfies the provisions under section 
172(c)(9) and 172(b) of the Clean Air Act as amended.
    (i) Incorporation by reference.
    (A) Laws of Minnesota for 1992, Chapter 575, section 29(b), enacted 
by the legislature and signed into law on April 29, 1992.
    (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

[[Page 232]]

(Childs Road facility) and North Star Steel Company.
    (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.
    (49) [Reserved]
    (50) On July 22, 1998 the State of Minnesota submitted a 
supplemental SIP revision for the control of particulate matter 
emissions from certain sources located along Red Rock Road, within the 
boundaries of Ramsey County. This supplemental SIP revision is in 
response to EPA's July 22, 1997 conditional approval (62 FR 39120), of a 
February 9, 1996 SIP revision for Red Rock Road. In addition, the 
previously approved administrative order for Lafarge Corporation (dated 
February 2, 1996) is revoked.
    (i) Incorporation by reference.
    (A) Air Emission Permit No. 12300353-001, issued by the MPCA to 
Lafarge Corporation--Red Rock Terminal on April 14, 1998, Title I 
conditions only.
    (B) Revocation of Findings and Order, dated and effective July 21, 
1998, to Findings and Order issued to Lafarge Corporation on February 2, 
1996.
    (ii) Additional material.
    (A) Letter submitting vendor certifications of performance for the 
pollution control equipment at Lafarge Corporation's facility on Red 
Rock Road in St. Paul, Minnesota, dated May 4, 1998, from Arthur C. 
Granfield, Regional Environmental Manager for Lafarge Corporation, to 
Michael J. Sandusky, MPCA Air Quality Division Manager.
    (B) Letter submitting operating ranges for the pollution control 
equipment at Lafarge Corporation's facility on Red Rock Road in St. 
Paul, Minnesota, dated July 13, 1998, from Arthur C. Granfield, Regional 
Environmental Manager for Lafarge Corporation, to Michael J. Sandusky, 
MPCA Air Quality Division Manager.
    (51) On November 14, 1995, July 8, 1996, September 24, 1996, June 
30, 1999, and September 1, 1999, the State of Minnesota submitted 
revisions to its State Implementation Plan for carbon monoxide regarding 
the implementation of the motor vehicle inspection and maintenance 
program in the Minneapolis/St. Paul carbon monoxide nonattainment area. 
This plan approves Minnesota Statutes Sections 116.60 to 116.65 and 
Minnesota Rules 7023.1010-7023.1105. This plan also removes Minnesota 
Rules Part 7023.1010, Subp. 35(B), Part 7023.1030, Subp. 11(B,C), and 
Part 7023.1055, Subp. 1 (E)(2) from the SIP.
    (i) Incorporation by reference.
    (A) Minnesota Statutes Sections 116.60 to 116.65;
    (B) Minnesota Rules 7023.1010-7023.1105 (except Part 7023.1010, 
Subp. 35(B), Part 7023.1030, Subp. 11(B,C), and Part 7023.1055, Subp. 1 
(E)(2)).
    (52) [Reserved]
    (53) On September 29, 1998, the State of Minnesota submitted a site-
specific revision to the particulate matter (PM) SIP for LTV Steel 
Mining Company (LTV), formerly known as Erie Mining Company, located in 
St. Louis County, Minnesota. This SIP revision was submitted in response 
to a request from LTV that EPA remove the Stipulation Agreement for Erie 
Mining Company from the State SIP, as was approved by EPA in paragraph 
(c)(18) of this section. Accordingly the Stipulation Agreement for Erie 
Mining Company referenced in paragraph (c)(18) of this section is 
removed from the SIP without replacement.
    (54) On December 7, 1999, the State of Minnesota submitted to remove 
an Administrative Order and replace it with a federally enforceable 
State operating permit for Commercial Asphalt's facility located on Red 
Rock Road in the city of St. Paul. EPA approved a federally enforceable 
State operating permit (FESOP)(60 FR 21447) for the State of Minnesota 
on May 2, 1995.
    (i) Incorporation by reference
    (A) Air Emission Permit No. 12300347-002, issued by the MPCA to 
Commercial

[[Page 233]]

Asphalt CO-Plant 905, on September 10, 1999. Title I conditions only.
    (55) On February 6, 2000, the State of Minnesota submitted a site-
specific revision to the Minnesota Sulfur Dioxide (SO2) SIP 
for Marathon Ashland Petroleum, LLC (Marathon Ashland), located in the 
cities of St. Paul Park and Newport, Washington County, Minnesota. 
Specifically, EPA is only approving into the SIP only those portions of 
the Marathon Ashland Title V Operating permit cited as ``Title I 
condition: SIP for SO2 NAAQS 40 CFR pt.50 and Minnesota State 
Implementation Plan (SIP).'' In this same action, EPA is removing from 
the state SO2 SIP the Marathon Ashland Administrative Order 
previously approved in paragraph (c)(38) and revised in paragraph 
(c)(49) of this section.
    (i) Incorporation by reference
    (A) AIR EMISSION PERMIT NO. 16300003-003, issued by the Minnesota 
Pollution Control Agency to Marathon Ashland Petroleum, LLC on October 
26, 1999, Title I conditions only.
    (56) On November 4, 1998, the State of Minnesota submitted a SIP 
revision for Olmsted County, Minnesota, for the control of emissions of 
sulfur dioxide (SO2) in the city of Rochester. The state also 
submitted on that date a request to redesignate the Rochester 
nonattainment area to attainment of the SO2 National Ambient 
Air Quality Standards. The state's maintenance plan is complete and the 
submittals meet the SO2 nonattainment area SIP and 
redesignation requirements of the Clean Air Act.
    (i) Incorporation by reference
    (A) Air Emission Permit No. 10900011-001, issued by the Minnesota 
Pollution Control Agency (MPCA) to City of Rochester--Rochester Public 
Utilities--Silver Lake Plant on July 22, 1997, Title I conditions only.
    (B) Air Emission Permit No. 00000610-001, issued by the MPCA to City 
of Rochester--Rochester Public Utilities--Cascade Creek Combustion on 
January 10, 1997, Title I conditions only.
    (C) Air Emission Permit No. 10900010-001, issued by the MPCA to 
Associated Milk Producers, Inc. on May 5, 1997, Title I conditions only.
    (D) Air Emission Permit No. 10900008-007 (989-91-OT-2, AMENDMENT No. 
4), issued by the MPCA to St. Mary's Hospital on February 28, 1997, 
Title I conditions only.
    (E) Air Emission Permit No. 10900005-001, issued by the MPCA to 
Olmsted County--Olmsted Waste-to-Energy Facility on June 5, 1997, Title 
I conditions only.
    (F) Amendment No. 2 to Air Emission Permit No. 1148-83-OT-1 
[10900019], issued by the MPCA to Franklin Heating Station on June 19, 
1998, Title I conditions only.
    (G) Air Emission Permit No. 10900006-001, issued by the MPCA to 
International Business Machine Corporation--IBM--Rochester on June 3, 
1998, Title I conditions only.
    (57) [Reserved]
    (58) On December 16, 1998, the State submitted an update to the 
Minnesota performance test rule, which sets out the procedures for 
facilities that are required to conduct performance tests to demonstrate 
compliance with their emission limits and/or operating requirements. In 
addition, EPA is removing from the state SIP Minnesota Rule 7017.2000 
previously approved as APC 21 in paragraph (c)(20) and amended in 
paragraph (c)(40) of this section.
    (i) Incorporation by reference.
    (A) Amendments to Minnesota Rules 7011.0010, 7011.0105, 7011.0510, 
7011.0515, 7011.0610, 7011.0710, 7011.0805, 7011.1305, 7011.1405, 
7011.1410, 7017.2001, 7017.2005, 7017.2015, 7017.2018, 7017.2020, 
7017.2025, 7017.2030, 7017.2035, 7017.2045, 7017.2050 and 2060, 
published in the Minnesota State Register April 20, 1998, and adopted by 
the state on July 13, 1998.
    (59) On September 1, 1999, the State of Minnesota submitted a site-
specific revision to the Minnesota Sulfur Dioxide (SO2) SIP 
for the Northern States Power Company (NSP) Riverside Plant, located in 
Minneapolis, Hennepin County, Minnesota. Specifically, EPA is approving 
into the SO2 SIP only those portions of the NSP Riverside 
Plant Title V Operating Permit cited as ``Title I condition: State 
Implementation Plan for SO2.'' In this same action, EPA is 
removing from the state SO2 SIP the NSP Riverside Plant 
Administrative Order previously approved

[[Page 234]]

and amended in paragraphs (c)(30) and (c)(46) of this section 
respectively.
    (i) Incorporation by reference.
    (A) Air Emission Permit No. 05300015-001, issued by the Minnesota 
Pollution Control Agency (MPCA) to Northern States Power Company--
Riverside Plant on May 11, 1999, Title I conditions only.
    (60) [Reserved]
    (61) On June 1, 2001, the State of Minnesota submitted a site-
specific revision to the Minnesota particulate matter (PM) State 
Implementation Plan (SIP) for Metropolitan Council Environmental 
Service's (MCES) Metropolitan Wastewater Treatment Plant located on 
Childs Road in St. Paul, Ramsey County, Minnesota. Specifically, EPA is 
only approving into the SIP those portions of the MCES federally 
enforceable state operating permit cited as ``Title I Condition: State 
Implementation Plan for PM10.'' In this same action, EPA is removing 
from the state PM SIP the MCES Administrative Order previously approved 
in paragraph (c)(29) of this section.
    (i) Incorporation by reference.
    (A) Air Emission Permit No. 12300053-001, issued by the Minnesota 
Pollution Control Agency to MCES's Metropolitan Wastewater Treatment 
Plant at 2400 Childs Road on March 13, 2001, Title I conditions only.
    (62) On March 13, 2003, the State of Minnesota submitted a site-
specific State Implementation Plan (SIP) revision for the control of 
emissions of sulfur dioxide (SO2) for Flint Hills Resources, 
L.P., located in the Pine Bend Area of Rosemount, Dakota County, 
Minnesota. Specifically, EPA is approving into the SO2 SIP 
Amendment No. 6 to the Administrative Order previously approved in 
paragraph (c)(35) and revised in paragraphs (c)(57) and (c)(60) of this 
section.
    (i) Incorporation by reference.
    (A) An administrative order identified as Amendment Six to Findings 
and Order by Stipulation, for Flint Hills Resources, L.P., dated and 
effective March 11, 2003, submitted March 13, 2003.
    (63) On August 9, 2002, the State of Minnesota submitted a revision 
to the Minnesota sulfur dioxide (SO2) State Implementation 
Plan (SIP) for Xcel Energy's Inver Hills Generating Plant (Xcel) located 
in the city of Inver Grove Heights, Dakota County, Minnesota. 
Specifically, EPA is only approving into the SO2 SIP those 
portions of the Xcel Title V operating permit cited as ``Title I 
Condition: State Implementation Plan for SO2'' and is 
removing from the state SO2 SIP the Xcel Administrative Order 
previously approved in paragraph (c)(46) and modified in paragraphs 
(c)(35) and (c)(41) of this section. In this same action, EPA is 
removing from the state particulate matter SIP the Administrative Order 
for Ashbach Construction Company previously approved in paragraph 
(c)(29) and modified in paragraph (c)(41) of this section.
    (i) Incorporation by reference.
    (A) AIR EMISSION PERMIT NO. 03700015-001, issued by the Minnesota 
Pollution Control Agency to Northern States Power Company Inver Hills 
Generating Plant on July 25, 2000, Title I conditions only.
    (64) On July 18, 2002, the State of Minnesota submitted a site-
specific revision to the Minnesota particulate matter (PM) SIP for the 
Lafarge Corporation (Lafarge) Red Rock Road facility, located in Saint 
Paul, Ramsey County, Minnesota. Specifically, EPA is approving into the 
PM SIP only those portions of the Lafarge Red Rock Road facility state 
operating permit cited as ``Title I condition: SIP for PM10 NAAQS.''
    (i) Incorporation by reference. AIR EMISSION PERMIT NO. 12300353-
002, issued by the Minnesota Pollution Control Agency (MPCA) to Lafarge 
Corporation--Red Rock Terminal on May 7, 2002, Title I conditions only.
    (65) The Minnesota Pollution Control Agency submitted a revision to 
Minnesota's State Implementation Plan for sulfur dioxide on December 19, 
2002. This revision consists of a Title V permit for the United Defense, 
LP facility located in Anoka County at 4800 East River Road, Fridley, 
Minnesota. The Permit contains non-expiring Title I SIP conditions.
    (i) Incorporation by reference.
    (A) Title I conditions contained in the November 25, 2002, Title V 
permit (permit number 00300020-001) issued to the United Defense, LP 
facility located

[[Page 235]]

in Anoka County at 4800 East River Road, Fridley, Minnesota.

[37 FR 10874, May 31, 1972. Redesignated at 70 FR 8932, Feb. 24, 2005]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1222, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



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 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

[[Page 236]]

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]



Sec. Sec. 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.
    (c) Approval--On June 20, 2002, the State of Minnesota submitted a 
request to redesignate the Saint Paul, Ramsey County particulate matter 
nonattainment area to attainment of the NAAQS for particulate matter 
with an aerodynamic diameter less than or equal to a nominal 10 
micrometers (PM). In its submittal, the State also requested that EPA 
approve the maintenance plan for the area into the Minnesota PM SIP. The 
redesignation request and maintenance plan meet the redesignation 
requirements of the Clean Air Act.

[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; 67 FR 48790, July 26, 2002]



Sec. Sec. 52.1231-52.1232  [Reserved]



Sec. 52.1233  Operating permits.

    Emission limitations and related provisions which are established in 
Minnesota permits as federally enforceable conditions in accordance with 
Chapter 7007 rules shall be enforceable by USEPA. USEPA reserves the 
right to deem permit conditions not federally enforceable. Such a 
determination will be made according to appropriate procedures, and be 
based upon the permit, permit approval procedures or permit requirements 
which do not conform with the permit program requirements or the 
requirements of USEPA's underlying regulations.

[60 FR 21451, May 2, 1995]



Sec. 52.1234  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable procedures 
for preventing the significant deterioration of air quality.
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 except paragraph (a)(1) 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; 68 
FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003]

[[Page 237]]



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 Sec. Sec. 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.
    (c) Approval--On March 23, 1998, the Minnesota Pollution Control 
Agency submitted a request to redesignate the Minneapolis/St. Paul CO 
nonattainment area (consisting of portions of Anoka, Carver, Dakota, 
Hennepin, Ramsey, Scott, Washington, and Wright) 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 2009, 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), 
Minnesota will implement one or more appropriate contingency measure(s) 
which are contained in the contingency plan. The menu of contingency 
measures includes oxygenated fuel, 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.
    (d) Approval--On November 10, 2004, Minnesota submitted a revision 
to the Carbon Monoxide (CO) maintenance plan for the Minneapolis-St. 
Paul area. These plans revised 1996 and 2009 motor vehicle emission 
inventories and 2009 Motor Vehicle Emissions Budgets (MVEB) recalculated 
using the emissions factor model MOBILE6. The MVEB for transportation 
conformity purposes for the Minneapolis-St. Paul maintenance area is 
1961 tons per winter day of CO.

[59 FR 47807, Sept. 19, 1994, as amended at 62 FR 55172, Oct. 23, 1997; 
64 FR 58354, Oct. 29, 1999; 69 FR 71380, Dec. 9, 2004]



Sec. 52.1240  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the 
State of Minnesota and for which requirements are set forth under the 
Federal CAIR NOX Annual Trading Program in subparts AA 
through II of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the Minnesota State Implementation 
Plan (SIP) as meeting the requirements of CAIR for PM2.5 
relating to NOX under Sec. 51.123 of this chapter, except to 
the extent the Administrator's approval is partial or conditional or 
unless such approval is under Sec. 51.123(p) of this chapter.

[[Page 238]]

    (2) Notwithstanding any provisions of paragraph (a)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX allowances to 
sources in the State for any years, the provisions of part 97 of this 
chapter authorizing the Administrator to complete the allocation of CAIR 
NOX allowances for those years shall continue to apply, 
unless the Administrator approves a SIP provision that provides for the 
allocation of the remaining CAIR NOX allowances for those 
years.

[72 FR 62350, Nov. 2, 2007]



Sec. 52.1241  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within 
the State of Minnesota and for which requirements are set forth under 
the Federal CAIR SO2 Trading Program in subparts AAA through 
III of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the Minnesota State Implementation 
Plan as meeting the requirements of CAIR for PM2.5 relating 
to SO2 under Sec. 51.124 of this chapter, except to the 
extent the Administrator's approval is partial or conditional or unless 
such approval is under Sec. 51.124(r) of this chapter.

[72 FR 62350, Nov. 2, 2007]



                          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 paragraph (c) 
of this section with an EPA approval date prior to January 1, 2003, was 
approved for incorporation by reference by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material 
is incorporated as it exists on the date of the approval, and notice of 
any change in the material will be published in the Federal Register. 
Entries in paragraphs (c) and (d) of this section with EPA approval 
dates after January 1, 2003, will be incorporated by reference in the 
next update to the SIP compilation.
    (2) EPA Region 4 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated state 
rules/regulations which have been approved as part of the SIP as of 
January 1, 2003.
    (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 EPA, Office of Air and Radiation Docket and Information 
Center, Room B-108, 1301 Constitution Avenue, (Mail Code 6102T) NW., 
Washington, DC 20460 or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.
    (c) EPA approved Mississippi regulations.

                                      EPA Approved Mississippi Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
          State citation                Title/subject      effective    EPA approval date        Explanation
                                                              date
----------------------------------------------------------------------------------------------------------------
APC-S-1                              Air Emission Regulations for the Prevention, Abatement, and Control of Air
                                                                     Contaminants
----------------------------------------------------------------------------------------------------------------
Section 1.........................  General..............     1/9/94  2/12/96, 61 FR 5295.
Section 2.........................  Definitions..........     1/9/94  2/12/96, 61 FR 5295.
Section 3.........................  Specific Criteria for    5/28/99  12/20/02, 67 FR
                                     Sources of                        77927.
                                     Particulate Matter.

[[Page 239]]

 
Section 4.........................  Specific Criteria for     1/9/94  2/12/96, 61 FR 5295.
                                     Sources of Sulfur
                                     Compounds.
Section 5.........................  Specific Criteria for     1/9/94  2/12/96, 61 FR 5295.
                                     Sources of Chemical
                                     Emissions.
Section 6.........................  New Sources..........   05/28/99  12/20/02, 67 FR       Subsection 2,
                                                                       77927.                ``Other
                                                                                             Limitations'', and
                                                                                             Subsection 3, ``New
                                                                                             Source Performance
                                                                                             Standards'', are
                                                                                             not Federally
                                                                                             approved.
Section 7.........................  Exceptions...........     2/4/72  5/31/72, 37 FR 10875
Section 9.........................  Stack Height              5/1/86  9/23/87, 52 FR 35704
                                     Considerations.
Section 10........................  Provisions for            1/9/94  2/12/96, 61 FR 5295.
                                     Upsets, Startups,
                                     and Shutdowns.
Section 11........................  Severability.........     1/9/94  2/12/96, 61 FR 5295.
Section 14........................  Provision for the       12/17/06  10/3/07, 72 FR 56268
                                     Clean Air Interstate
                                     Rule.
----------------------------------------------------------------------------------------------------------------
APC-S-2                             Regulations for the Construction and/or Operation of Air Emissions Equipment
----------------------------------------------------------------------------------------------------------------
Section 1.........................  General Requirements.   08/27/05  7/10/
                                                                       2006, 71 FR 38775.
Section II........................  General Standards        8/27/05  07/10/2006, 71 FR
                                     Applicable to All                 38775.
                                     Permits.
Section III.......................  Application for         08/27/05  7/10/2006, 71 FR
                                     Permit to Construct               38775.
                                     and State Permit to
                                     Operate New
                                     Stationary Source.
Section IV........................  Public Participation     8/27/05  07/10/2006, 71 FR
                                     and Public                        38775.
                                     Availability of
                                     Information.
Section V.........................  Application Review...   08/27/05  7/10/2006, 71 FR
                                                                       38775.
Section VI........................  Compliance Testing...   08/27/05  7/10/2006, 71 FR      ....................
                                                                       38775
Section VII.......................  Emissions Evaluation     8/27/05  7/10/2006, 71 FR
                                     Report.                           38775.
Section VIII......................  Procedures for           8/27/05  7/10/2006, 71 FR
                                     Renewal of State                  38775.
                                     Permit to Operate.
Section IX........................  Reporting &             08/27/05  7/10/2006, 71 FR
                                     Recordkeeping.                    38775.
Section X.........................  Emission Reduction       8/27/05  7/10/2006, 71 FR
                                     Schedule.                         38775.
Section XI........................  General Permits......    8/27/05  7/10/2006, 71 FR
                                                                       38775.
Section XII.......................  Multi-Media Permits..    8/27/05  7/10/2006, 71 FR
                                                                       38775.
Section XIII......................  Exclusions...........    8/27/05  7/10/2006, 71 FR
                                                                       38775.
Section XIV.......................  CAFOs................    8/27/05  7/10/2006, 71 FR
                                                                       38775.
Section XV........................  Options..............    8/27/05  7/10/2006, 71 FR
                                                                       38775.
Section XVI.......................  Permit Transfer......    8/27/05  7/10/2006, 71 Fr
                                                                       38775.
Section XVII......................  Severability.........    8/27/05  7/10/2006, 71 FR
                                                                       38775.
----------------------------------------------------------------------------------------------------------------
APC-S-3                                    Regulations for Prevention of Air Pollution Emergency Episodes
----------------------------------------------------------------------------------------------------------------
Section 1.........................  General..............     2/4/72  5/31/72, 37 FR 10875
Section 2.........................  Definitions..........    2/04/72  5/31/72, 37 FR 10875
Section 3.........................  Episode Criteria.....     6/3/88  11/13/89, 54 FR
                                                                       47211.
Section 4.........................  Emission Control          2/4/72  5/31/72, 37 FR 10875
                                     Action Programs.
Section 5.........................  Emergency Orders.....     6/3/88  11/13/89, 54 FR
                                                                       47211.
----------------------------------------------------------------------------------------------------------------
APC-S-5                              Regulations for the Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
All...............................  .....................    9/21/96  7/15/97, 62 FR 37724
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved Mississippi source-specific requirements.

[[Page 240]]



                              EPA Approved Mississippi Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                        State effective
         Name of source              Permit number           date          EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
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; 67 FR 77927, Dec. 
20, 2002; 68 FR 13631, Mar. 20, 2003; 71 FR 38775, July 10, 2006; 72 FR 
56271, Oct. 3, 2007]



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 nature and amounts of 
emissions from such source and any other information

[[Page 241]]

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.
    (7) Compliance schedules submitted on January 20, 1975, by the 
Mississippi

[[Page 242]]

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.
    (B) Letter of April 1, 1986 from Mississippi Department of National 
Resources.
    (ii) Additional material--none.

[[Page 243]]

    (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.
    (i) Incorporation by reference.
    (A) Regulation APC-S-2, effective January 9, 1994.

[[Page 244]]

    (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 Sec. 
52.1281, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



                           Subpart AA_Missouri



Sec. 52.1319  [Reserved]



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 April 1, 
2004, 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 April 1, 2004, 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 
April 1, 2004.
    (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; or the EPA, Office of Air and Radiation Docket and 
Information Center, Room B-108, 1301 Constitution Avenue, NW., (Mail 
Code 6102T), Washington, DC 20460; or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
    (c) EPA-approved regulations.

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                      State
   Missouri  citation              Title            effective       EPA approval date           Explanation
                                                       date
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
 
  Chapter 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
----------------------------------------------------------------------------------------------------------------
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.
10-2.090................  Incinerators...........      2/25/70  3/18/80, 45 FR 17145....  The state has
                                                                                           rescinded this rule.

[[Page 245]]

 
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.
10-2.205................  Control of Emissions         3/30/01  4/24/02, 67 FR 20038....
                           from Aerospace
                           Manufacture and Rework
                           Facilities.
10-2.210................  Control of Emissions        02/29/08  06/20/08, 73 FR 35074...
                           From Solvent Metal
                           Cleaning.
10-2.215................  Control of Emissions         5/30/01  4/24/02, 67 FR 20038....
                           from Solvent Cleanup
                           Operations.
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         4/30/04  2/02/05, 70 FR 5379.....
                           Liquid Storage,
                           Loading, and Transfer.
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  3/26/03, 68 FR 14539....  4/3/95, 60 FR 16806
                           from Manufacturing of                                           (correction).
                           Paints, Varnishes,
                           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          5/30/01  2/13/02, 67 FR 6660.....
                           Reid Vapor Pressure.
10-2.340................  Control of Emissions        09/30/03  10/30/03, 68 FR 61758...
                           from Lithographic
                           Printing Facilities.
10-2.360................  Control of Emissions        11/30/95  7/20/98, 63 FR 38755....
                           from Bakery Ovens.
10-2.390................  Kansas City Area             7/30/07  10/18/07, 72 FR 59014...  ......................
                           Transportation
                           Conformity
                           Requirements.
                   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.
10-3.060................  Maximum Allowable           11/30/02  3/18/03, 68 FR 12833....
                           Emissions of
                           Particulate Matter
                           From Fuel Burning
                           Equipment Used for
                           Indirect Heating.
----------------------------------------------------------------------------------------------------------------
    Chapter 4--Air Quality Standards and Air Pollution Control Regulations for Springfield-Greene County Area
----------------------------------------------------------------------------------------------------------------
10-4.040................  Maximum Allowable           11/30/02  3/18/03, 68 FR 12833....
                           Emission of
                           Particulate Matter
                           From Fuel Burning
                           Equipment Used for
                           Indirect Heating.
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.
----------------------------------------------------------------------------------------------------------------

[[Page 246]]

 
  Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area 10
----------------------------------------------------------------------------------------------------------------
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.
10-5.060................  Refuse Not To Be Burned      9/18/70  3/18/80, 45 FR 17145....  The state has
                           in Fuel Burning                                                 rescinded this rule.
                           Installations.
10-5.070................  Open Burning                 1/29/95  2/17/00, 65 FR 8063.....
                           Restrictions.
10-5.080................  Incinerators...........      9/18/70  3/18/80, 45 FR 17145....  The state has
                                                                                           rescinded this rule.
10-5.120................  Information on Sales of      9/18/70  3/18/80, 45 FR 17145....
                           Fuels to be Provided
                           and Maintained.
10-5.130................  Certain Coals to be          9/18/70  3/18/80, 45 FR 17145....
                           Washed.
10-5.220................  Control of Petroleum         8/30/99  5/18/00, 65 FR 31491....
                           Liquid Storage,
                           Loading and Transfer.
10-5.220................  Control of Petroleum         9/30/07  4/2/08, 73 FR 17893.....
                           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 and                                          N.L. Industries,
                           Particulate Matter in                                           which is no longer in
                           the South St. Louis                                             operation, and has
                           Area.                                                           made significant
                                                                                           changes to the
                                                                                           provisions affecting
                                                                                           Carondelet Coke.
10-5.295................  Control of Emissions         2/29/00  5/18/00, 65 FR 31491....
                           From Aerospace
                           Manufacturing and
                           Rework Facilities.
10-5.300................  Control of Emissions        11/30/06  3/9/07, 72 FR 10610.....
                           from Solvent Metal
                           Cleaning.
10-5.310................  Liquefied Cutback             3/1/89  3/5/90, 55 FR 7712.       ......................
                           Asphalt Restricted.
10-5.330................  Control of Emissions        12/30/00  7/20/01, 66 FR 37906.     ......................
                           from Industrial
                           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 43480....  4/3/95, 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 Emissions     12/30/02  5/12/03, 68 FR 25418      ......................
                           Inspection.
10-5.390................  Control of Emissions        08/30/00  8/14/01, 66 FR 42607      ......................
                           from Manufacture of
                           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.
10-5.440................  Control of Emissions        12/30/96  2/17/00, 65 FR 8063       ......................
                           from Bakery Ovens.

[[Page 247]]

 
10-5.442................  Control of Emissions        05/28/95  2/17/00, 65 FR 8063       ......................
                           from Offset
                           Lithographic Printing
                           Operations.
10-5.450................  Control of VOC              05/28/95  2/17/00, 65 FR 8063       ......................
                           Emissions from Traffic
                           Coatings.
10-5.451................  Control of Emissions         9/30/00  7/20/01, 66 FR 37908      ......................
                           from Aluminum Foil
                           Rolling.
10-5.455................  Control of Emissions        02/28/97  2/17/00, 65 FR 8063       ......................
                           from Solvent Cleaning
                           Operations.
10-5.480................  St. Louis Area               7/30/07  10/18/07, 72 FR 59014...  ......................
                           Transportation
                           Conformity
                           Requirements.
10-5.490................  Municipal Solid Waste       12/30/96  2/17/00, 65 FR 8063       ......................
                           Landfills.
10-5.500................  Control of Emissions         2/29/00  5/18/00, 65 FR 31491
                           From Volatile Organic
                           Liquid Storage.
10-5.510................  Control of Emissions of     05/30/06  11/06/06, 71 FR 64888
                           Nitrogen Oxides.
10-5.520................  Control of Volatile          2/29/00  5/18/00, 65 FR 31491
                           Organic Compound
                           Emissions From
                           Existing Major Sources.
10-5.530................  Control of Volatile          2/29/00  5/18/00, 65 FR 31491
                           Organic Compound
                           Emissions From Wood
                           Furniture
                           Manufacturing
                           Operations.
10-5.540................  Control of Emissions         2/29/00  5/18/00, 65 FR 31491
                           From Batch Process
                           Operations.
10-5.550................  Control of Volatile          2/29/00  5/18/00, 65 FR 31491
                           Organic Compound
                           Emissions From Reactor
                           Processes and
                           Distillation
                           Operations Processes
                           in the Synthetic
                           Organic Chemical
                           Manufacturing Industry.
----------------------------------------------------------------------------------------------------------------
    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          2/28/06  12/5/06, 71 FR 70468....
                           Standards.
10-6.020................  Definitions and Common       9/30/08  4/14/09, 74 FR 17086....
                           Reference Tables.
10-6.030................  Sampling Methods for         2/28/06  12/5/06, 71 FR 70468....
                           Air Pollution Sources.
10-6.040................  Reference Methods......      2/28/06  12/5/06, 71 FR 70468....
10-6.050................  Start-up, Shutdown, and      2/28/02  8/27/02, 67 FR 54967
                           Malfunction Conditions.
10-6.060................  Construction Permits      12/30/2004  10/10/2006, 71 FR 59383.  This revision
                           Required..                                                      incorporates by
                                                                                           reference elements of
                                                                                           EPA's NSR reform rule
                                                                                           published December
                                                                                           31, 2002. Provisions
                                                                                           of the incorporated
                                                                                           reform rule relating
                                                                                           to the Clean Unit
                                                                                           Exemption, Pollution
                                                                                           Control Projects, and
                                                                                           exemption from record
                                                                                           keeping provisions
                                                                                           for certain sources
                                                                                           using the actual-to-
                                                                                           projected-actual
                                                                                           emissions projections
                                                                                           test are not SIP
                                                                                           approved. This
                                                                                           revision also
                                                                                           incorporates by
                                                                                           reference the other
                                                                                           provisions of 40 CFR
                                                                                           52.21 as in effect on
                                                                                           July 1, 2003, which
                                                                                           supersedes any
                                                                                           conflicting
                                                                                           provisions in the
                                                                                           Missouri rule. We are
                                                                                           conditionally
                                                                                           approving references
                                                                                           to 10 CSR 10-6.062
                                                                                           contained in the last
                                                                                           sentence of Section
                                                                                           (1)(B) and all of
                                                                                           section (1)(D).
                                                                                           Section 9, pertaining
                                                                                           to hazardous air
                                                                                           pollutants, is not
                                                                                           SIP approved.

[[Page 248]]

 
10-6.061................  Construction Permit          7/30/06  12/4/06, 71 FR 70315....  Section (3)(A)2.D. is
                           Exemptions.                                                     not included in the
                                                                                           SIP.
10-6.062................  Construction Permits By      5/30/07  9/26/07, 72 FR 54562,     Section (3)(B)4 is not
                           Rule..                                Sept. 26, 2007.           included in the SIP.
10-6.065................  Operating Permits......     09/30/05  02/21/07, 72 FR 7829....  Section (4) Basic
                                                                                           State Operating
                                                                                           Permits, has not been
                                                                                           approved as part of
                                                                                           the SIP.
10-6.110................  Submission of Emission      12/30/07  9/15/08, 73 FR 53137....  Section (3)(D),
                           Data, Emission Fees,                                            Emissions Fees, has
                           and Process                                                     not been approved as
                           Information.                                                    part of the SIP.
10-6.120................  Restriction of              03/30/05  6/12/06, 69 FR 33622....  ......................
                           Emissions of Lead from
                           Specific Lead Smelter-
                           Refinery Installations.
10-6.130................  Controlling Emissions       11/30/02  3/18/03, 68 FR 12831      ......................
                           During Episodes of
                           High Air Pollution
                           Potential.
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               8/30/98  3/31/00, 65 FR 17166      ......................
                           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.
10-6.220................  Restriction of Emission     11/30/02  3/18/03, 68 FR 12829      ......................
                           of Visible Air
                           Contaminants.
10-6.260................  Restriction of Emission      2/29/08  6/20/08, 73 FR 35071....  Section (3)(B) is not
                           of Sulfur Compounds.                                            SIP approved.
10-6.280................  Compliance Monitoring        3/30/02  8/27/02, 67 FR 54963      ......................
                           Usage.
10-6.300................  Conformity of General        9/30/07  12/04/07, 72 FR 68072.
                           Federal Actions to
                           State Implementation
                           Plans.
10-6.330................  Restriction of               6/30/98  12/8/98, 63 FR 67591      ......................
                           Emissions from Batch-
                           type Charcoal Kilns.
10-6.350................  Emissions Limitations        5/30/07  4/2/08, 73 FR 17890.....
                           and Emissions Trading
                           of Oxides of Nitrogen.
10-6.360................  Control of NOX               5/30/07  4/2/08, 73 FR 17890.....
                           Emissions From
                           Electric Generating
                           Units and Non-Electric
                           Generating Boilers.
10-6.362................  Clean Air Interstate         5/30/07  12/14/07, 72 FR 71073...
                           Rule Annual NOX
                           Trading Program.
10-6.364................  Clean Air Interstate         5/30/07  12/14/07, 72 FR 71073...
                           Rule Seasonal NOX
                           Trading Program.
10-6.366................  Clean Air Interstate         5/30/07  12/14/07, 72 FR 71073...
                           Rule S02 Trading
                           Program.
10-6.380................  Control of NOX              10/30/05  8/15/06, 71 FR 46860....
                           Emissions From
                           Portland Cement Kilns.
10-6.390................  Control of NOX              10/30/05  8/15/06, 71 FR 46860....
                           Emissions From Large
                           Stationary Internal
                           Combustion Engines.
10-6.400................  Restriction of Emission     09/30/01  11/30/01, 66 FR 59708...
                           of Particulate Matter
                           From Industrial
                           Processes.
10-6.410................  Emissions Banking and       04/30/03  8/11/03, 68 FR 47468....  ......................
                           Trading.
----------------------------------------------------------------------------------------------------------------
   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.

[[Page 249]]

 
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.
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.
50-2.401................  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 Chapter 8--Air Quality
----------------------------------------------------------------------------------------------------------------
8-2.....................  Definitions............     12/10/98  12/22/99, 64 FR 71666...
8-4.....................  Open burning...........     10/31/96  4/22/98, 65 FR 19823....

[[Page 250]]

 
8-5.....................  Emission of particulate     12/10/98  12/22/99, 64 FR 71666...  Only subsections 8-
                           matter.                                                         5(c)(1)b, 8-5(c)(1)c,
                                                                                           8-5(c)(2)a, 8-
                                                                                           5(c)(3)a, 8-5(c)(3)b,
                                                                                           8-5(c)(3)c, 8-
                                                                                           5(c)(3)d are approved
                                                                                           in the SIP.
----------------------------------------------------------------------------------------------------------------
                            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.
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 Tables     10/31/96  4/22/98, 63 FR 19823....  Only Sections 2A-51,
                                                                                           55, and 56 are
                                                                                           approved by EPA.
----------------------------------------------------------------------------------------------------------------
                                         St. Louis City Ordinance 65645
----------------------------------------------------------------------------------------------------------------
Section 6...............  Definition.............      8/28/03  12/9/03, 68 FR 68523....  The phrase ``other
                                                                                           than liquids or
                                                                                           gases'' in the Refuse
                                                                                           definition has not
                                                                                           been approved.
Section 15..............  Open Burning                 8/28/03  12/9/03, 68 FR 68523....
                           Restrictions.
----------------------------------------------------------------------------------------------------------------

    (d) EPA-approved state source-specific permits and orders.

                            EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
                                                            State
          Name of source           Order/permit  number   effective     EPA approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
(1) ASARCO Inc. Lead Smelter,      Order...............      8/13/80  4/27/81, 46 FR 23412.
 Glover, MO.
(2) St. Joe Lead (Doe Run)         Order...............      3/21/84  6/11/84, 49 FR 24022.
 Company Lead Smelter,
 Herculaneum, MO.
(3) AMAX Lead (Doe Run) Company    Order...............      9/27/84  1/7/85, 50 FR 788....
 Lead Smelter, Boss, MO.
(4) Gusdorf Operating Permit       Permit Nos: 04682-      * 4/29/80  10/15/84, 49 FR 40164
 11440 Lackland Road, St. Louis     04693.
 County, MO.
(5) Doe Run Lead Smelter,          Consent Order.......       3/9/90  3/6/92, 57 FR 8077...
 Herculaneum, MO.
(6) Doe Run Lead Smelter,          Consent Order.......      8/17/90  3/6/92, 57 FR 8077...
 Herculaneum, MO.
(7) Doe Run Lead Smelter,          Consent Order.......       7/2/93  5/5/95, 60 FR 22274..
 Herculaneum, MO.
(8) Doe Run Lead Smelter,          Consent Order             4/28/94  5/5/95, 60 FR 22274..  In a notice
 Herculaneum, MO.                   (Modification).                                           published on 8/15/
                                                                                              97 at 62 FR 43647,
                                                                                              EPA required
                                                                                              implementation of
                                                                                              the contingency
                                                                                              measures.
(9) Doe Run Lead Smelter,          Consent Order            11/23/94  5/5/95, 60 FR 22274..
 Herculaneum, MO.                   (Modification).
(10) Doe Run Buick Lead Smelter,   Consent Order.......       7/2/93  8/4/95, 60 FR 39851..
 Boss, MO.
(11) Doe Run Buick Lead Smelter,   Consent Order             9/29/94  8/4/95, 60 FR 39851..
 Iron County, MO.                   (Modification).
(12) ASARCO Glover Lead Smelter,   Consent Decree CV596-     7/30/96  3/5/97, 62 FR 9970...
 Glover, MO.                        98CC with exhibits
                                    A-G.
(13) Eagle-Picher Technologies,    Consent Agreement...     08/26/99  4/24/00, 65 FR 21651.
 Joplin, MO.
(14) Doe Run Resource Recycling    Consent Order.......      5/11/00  10/18/00, 65 FR 62298
 Facility near Buick, MO.

[[Page 251]]

 
(15) St. Louis University........  Medical Waste             9/22/92  4/22/98, 63 FR 19823.
                                    Incinerator.
(16) St. Louis University........  Permit Matter No. 00-     1/31/00  10/26/00, 65 FR 64158
                                    01-004.
(17) St. Joseph Light & Power SO2  Consent Decree......     05/21/01  11/15/01, 66 FR 57391
(18) Asarco, Glover, MO..........  Modification of          07/31/00  4/16/02, 67 FR 18501.
                                    Consent Decree,
                                    CV596-98CC.
(19) Doe Run, Herculaneum, MO....  Consent Judgement,       01/05/01  4/16/02, 67 FR 18501.
                                    CV301-0052C-J1,
                                    with Work Practice
                                    Manual and S.O.P.
                                    for Control of Lead
                                    Emissions (Rev
                                    2000).
(20) Springfield City Utilities    Consent Agreement...     12/06/01  3/25/02, 67 FR 13572.
 James River Power Station SO2.
(21) St. Louis University........  Permit Matter No. 00-     8/28/03  12/9/03, 68 FR 68523.  Updates a reference
                                    01-004.                                                   in section II.B.
                                                                                              to Ordinance No.
                                                                                              65645.
(22) Doe Run Lead Smelter,         Settlement Agreement     10/31/03  10/29/04, 69 FR 63074  ...................
 Glover, MO.
(23) Grossman Iron and Steel       Permit No. SR00.045A      7/19/06  December 4, 2006, 71
 Company.                                                              FR 70312.
(24) Doe Run Herculaneum, MO.....  Consent Judgment         12/20/05  5/4/07, 72 FR 25203..
                                    Modification, CV301-
                                    0052CCJ1.
----------------------------------------------------------------------------------------------------------------
* St. Louis County.

    (e) EPA approved nonregulatory provisions and quasi-regulatory 
measures.

                               EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory  SIP      geographic or     State submittal
           provision               nonattainment           date           EPA approval date       Explanation
                                        area
----------------------------------------------------------------------------------------------------------------
(1) Kansas City and Outstate     Kansas City and              1/24/72  5/31/72, 37 FR 10875..
 Air Quality Control Regions      Outstate.
 Plan.
(2) Implementation Plan for the  St. Louis........            1/24/72  5/31/72 37, FR 10875..
 Missouri portion of the St.
 Louis Interstate Air Quality
 Control Region.
(3) Effects of adopting          St. Louis........            3/27/72  5/31/72, 37 FR 10875..
 Appendix B to NO2 emissions.
(4) CO air quality data base...  St. Louis........             5/2/72  5/31/72, 37 FR 10875..
(5) Budget and manpower          Statewide........            2/28/72  10/28/72, 37 FR 23089.
 projections.
(6) Emergency episode manual...  Kansas City......            5/11/72  10/28/72, 37 FR 23089.
(7) Amendments to Air            Statewide........            7/12/72  10/28/72, 37 FR 23089.
 Conservation Law.
(8) Air monitoring plan........  Outstate.........            7/12/72  10/28/72, 37 FR 23089.
(9) Amendments to Air            Statewide........             8/8/72  10/28/72, 37 FR 23089.
 Conservation Law.
(10) Transportation control      Kansas City......            5/11/73  6/22/73, 38 FR 16566..
 strategy.                                                    5/21/73
(11) Analysis of ambient air     Kansas City......            4/11/74  3/2/76, 41 FR 8962....
 quality data and
 recommendation to not
 designate the area as an air
 quality maintenance area.
(12) Recommendation to           St. Louis,                    5/6/74  9/9/75, 40 FR 41950...
 designate air quality            Columbia,
 maintenance areas.               Springfield.
(13) Plan to attain the NAAQS..  Kansas City, St.              7/2/79  4/9/80, 45 FR 24140...  Correction notice
                                  Louis.                                                        published 7/11/
                                                                                                80.

[[Page 252]]

 
(14) Schedule for I/M program    St. Louis........             9/9/80  3/16/81, 46 FR 16895..
 and commitment regarding
 difficult transportation
 control measures (TCMs).
(15) Lead SIP..................  Statewide........             9/2/80  4/27/81, 46 FR 23412;   Correction notice
                                                              2/11/81   7/19/84, 49 FR 29218.   published 5/15/
                                                              2/13/81                           81.
(16) Report on recommended I/M   St. Louis........           12/16/80  8/27/81, 46 FR 43139..  No action was
 program.                                                                                       taken on the
                                                                                                specific
                                                                                                recommendations
                                                                                                in the report.
(17) Report outlining            St. Louis........            2/12/81  11/10/81, 46 FR 55518.
 commitments to TCMs, analysis                                4/28/81
 of TCMs, and results of CO
 dispersion modeling.
(18) 1982 CO and ozone SIP.....  St. Louis........           12/23/82  10/15/84, 49 FR 40164.
                                                              8/24/83
(19) Air quality monitoring      Statewide........             6/6/84  9/27/84, 49 FR 38103..
 plan.
(20) Vehicle I/M program.......  St. Louis........            8/27/84  8/12/85, 50 FR 32411..
(21) Visibility protection plan  Hercules Glades               5/3/85  2/10/86, 51 FR 4916...
                                  and Mingo
                                  Wildlife Area.
(22) Plan for attaining the      St. Louis........             8/1/85  9/3/86, 51 FR 31328...
 ozone standard by December 31,
 1987.
(23) PM10 plan.................  Statewide........   3/29/88, 6/15/88  7/31/89, 54 FR 31524..
(24) Construction permit fees    Statewide........   1/24/89, 9/27/89  1/9/90, 55 FR 735.....
 including Chapter 643 RSMo.
(25) PSD NOX requirements        Statewide........             7/9/90  3/5/91, 56 FR 9172....
 including a letter from the
 state pertaining to the rules
 and analysis.
(26) Lead plan.................  Herculaneum......             9/6/90  3/6/92, 57 FR 8076....
                                                               5/8/91
(27) Ozone maintenance plan....  Kansas City......            10/9/91  6/23/92, 57 FR 27939..
(28) Small business assistance   Statewide........            3/10/93  10/26/93, 58 FR 57563.
 plan.
(29) Part D Lead plan..........  Herculaneum......    7/2/93, 6/30/94  5/5/95, 60 FR 22274...
                                                             11/23/94
(30) Intermediate permitting     Statewide........   3/31/94, 11/7/94  9/25/95, 60 FR 49340..
 program including three                             10/3/94, 2/10/95
 letters pertaining to
 authority to limit potential
 to emit hazardous air
 pollutants.
(31) Part D lead plan..........  Bixby............             7/2/93  8/4/95, 60 FR 39851...
                                                              6/30/94
(32) Transportation conformity   St. Louis, Kansas            2/14/95  2/29/96, 61 FR 7711...
 plans including a policy         City.
 agreement and a letter
 committing to implement the
 state rule consistent with the
 Federal transportation
 conformity rule.
(33) Emissions inventory update  Kansas City......            4/12/95  4/25/96, 61 FR 18251..
 including a motor vehicle
 emissions budget.
(34) Part D Lead Plan..........  Glover...........            8/14/96  3/5/97, 62 FR 9970
(35) CO Maintenance Plan.......  St. Louis........            6/13/97  1/26/99, 64 FR 3855...
                                                              6/15/98
(36) 1990 Base Year Inventory..  St. Louis........            1/20/95  2/17/00, 65 FR 8063
(37) 15% Rate-of-Progress Plan.  St. Louis........           11/12/99  5/18/00, 65 FR 31489..
(38) Implementation plan for     St. Louis........           11/12/99  5/18/00, 65 FR 31482..
 the Missouri inspection
 maintenance program.
(39) Doe Run Resource Recycling  Dent Township in             5/17/00  10/18/00, 65 FR 62298.
 Facility near Buick, MO.         Iron County.
(40) Commitments with respect    Statewide........             8/8/00  12/28/00, 65 FR 82288.
 to implementation of rule 10
 CSR 10-6.350, Emissions
 Limitations and Emissions
 Trading of Oxides of Nitrogen.
(41) Contingency Plan including  St. Louis........    10/6/97, 4/5/01  6/26/01, 66 FR 34011..
 letter of April 5, 2001.

[[Page 253]]

 
(42) Ozone 1-Hour Standard       St. Louis........    11/10/99, 11/2/  6/26/01, 66 FR 34011..
 Attainment Demonstration Plan                                    00,
 for November 2004 including                          2/28/01, 3/7/01
 2004 On-Road Motor Vehicle
 Emissions Budgets.
(43) Doe Run Resources           Herculaneum, MO..            1/09/01  4/16/02, 67 FR 18502..  The SIP was
 Corporation Primary Lead                                                                       reviewed and
 Smelter, 2000 Revision of Lead                                                                 approved by EPA
 SIP.                                                                                           on 1/11/01.
(44) Doe Run Resources           Glover, MO.......            6/15/01  4/16/02, 67 FR 18502..  The SIP was
 Corporation Primary Lead                                                                       reviewed and
 Smelter, 2000 Revision of Lead                                                                 approved by EPA
 SIP.                                                                                           on 6/26/01.
(45) Maintenance Plan for the    St. Louis........           12/06/02  5/12/03, 68 FR 25442..
 Missouri Portion of the St.
 Louis Ozone Nonattainment Area
 including 2014 On-Road Motor
 Vehicle Emission Budgets.
(46) Maintenance Plan for the 1- Kansas City......           12/17/02  1/13/04, 69 FR 1923...
 hour ozone standard in the
 Missouri portion of the Kansas
 City maintenance area for the
 second ten-year period.
(47) Vehicle I/M Program.......  St. Louis........            10/1/03  05/13/04, 69 FR 26506.
(48) Revised Maintenance Plan    Dent Township in             4/29/03  8/24/04, 69 FR 51955..  Furnace daily
 of Doe Run Resource Recycling    Iron County.                                                  throughput
 Facility near Buick, MO.                                                                       limits required
                                                                                                to be consistent
                                                                                                with rule 10 CSR
                                                                                                10-6.120. Annual
                                                                                                production cap
                                                                                                in Doe Run
                                                                                                construction
                                                                                                permit not
                                                                                                affected by this
                                                                                                rulemaking.
(49) Lead Maintenance Plan.....  Iron County                  1/26/04  10/29/04, 69 FR 63074.
                                  (part) within
                                  boundaries of
                                  Liberty and
                                  Arcadia
                                  Townships.
(50) Revision to Maintenance     Kansas City......           10/28/05  6/26/06, 71 FR 36210..
 Plan for the 1-hour ozone
 standard in the Missouri
 portion of the Kansas City
 maintenance area for the
 second the ten-year period.
(51) CAA 110(a)(2)(D)(i) SIP--   Statewide........            2/27/07  5/8/07, 72 FR 25975...
 Interstate Transport.
(52) Submittal of the 2002 Base  St. Louis........           06/15/06  05/31/07, 72 FR 30275.
 Year Inventory for the
 Missouri Portion of the St.
 Louis 8-hour ozone
 nonattaiment area and
 Emissions Statement SIP.
(53) Maintenance Plan for the 8- Kansas City......            5/23/07  8/9/07 72 FR 44778,     This plan
 hour ozone standard in the                                             Aug. 9, 2007.           replaces numbers
 Missouri portion of the Kansas                                                                 (46) and (50).
 City area.
----------------------------------------------------------------------------------------------------------------


[64 FR 34719, June 29, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1320, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1321  Classification of regions.

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

[[Page 254]]



----------------------------------------------------------------------------------------------------------------
                                                                               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, 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.

[[Page 255]]

    (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 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

[[Page 256]]

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 
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

[[Page 257]]

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.
    (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) [Reserved]
    (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

[[Page 258]]

waste at solid waste disposal and processing installations effective 
April 12, 1984.
    (46) On June 6, 1984, the Missouri Department of Natural Resources 
submitted the Air Quality Monitoring State Implementation Plan.
    (47) In a letter dated August 14, 1984, the Missouri Department of 
Natural Resources submitted the rules, 10 CSR 10-6.030, Sampling Methods 
for Air Pollution Sources, and 10 CSR 10-6.040, Reference Methods.
    (48) Revised rules 10 CSR 10-2.040, 3.060, 4.040 and 5.030 all 
entitled ``Maximum Allowable Emission of Particulate Matter from Fuel 
Burning Equipment Used for Indirect Heating'' were submitted September 
24, 1984, by the Department of Natural Resources.
    (49) On October 5, 1984, the Missouri Department of Natural 
Resources submitted a revision to the September 2, 1980, lead State 
Implementation Plan pertaining to item 6 of the Consent Order for the 
AMAX Lead Company. The revision consists of a substitution of equivalent 
control measures for item 6.
    (50) The Missouri Department of Natural Resources submitted an 
amendment to Rule 10 CSR 10-5.330 ``Control of Emissions from Industrial 
Surface Coating Operations,'' limiting emissions from surface coating of 
plastic parts and new Rule 10 CSR 10-5.370 ``Control of Emissions from 
the Application of Deadeners and Adhesives'' on January 24, 1984; and 
new Rule 10 CSR 10-5.390, ``Control of Emissions from Manufacture of 
Paints, Varnishes, Lacquers, Enamels and Other Allied Surface Coating 
Products'' and an amendment to 10 CSR 10-6.020, ``Definitions'' on April 
10, 1984. (Approval action was deferred on 10 CSR 10-5.370.)
    (51) The motor vehicle inspection and maintenance program for the 
St. Louis area was submitted August 27, 1984, by the Department of 
Natural Resources.
    (i) Incorporation by reference. (A) Amendment to Regulations 10 CSR 
10-5.380, ``Motor Vehicle Emissions Inspections'', published in the 
Missouri Register January 3, 1982;
    (B) Missouri Revised Statutes, Sections 307.350 through 307.395, 
``Motor Vehicle Safety Inspection'', as revised September 1983;
    (C) Regulations 11 CSR 50-2.010 through 11 CSR 50-2.410, ``Missouri 
Motor Vehicle Inspection Regulations'', as revised July 1, 1982.
    (ii) Additional material. (A) I/M Implementation Schedule.
    (B) Highway Patrol Forms.
    (C) Missouri Certified Emission Analyzers.
    (D) Missouri Department of Revenue Policy.
    (E) Highway Patrol QC Manual.
    (F) EPA Approval of RACT Compliance.
    (G) Public Awareness Materials.
    (52) [Reserved]
    (53) A rule requiring sources to keep records and report data and 
requiring emission data to be made public was submitted January 22, 
1985, by the Department of Natural Resources. This rule replaces 
previous rules 10 CSR 10-2.130, 3.130, 4.120, and 5.210, all entitled 
``Submission of Emission Information'' which were approved as parts of 
the State Implementation Plan; and previous rules 10 CSR 10-2.180, 
3.120, 4.170, and 5.270, all entitled ``Public Availability of Emission 
Data'' which were not approved prior to the submission of this 
replacement rule.
    (i) Incorporation by reference. A new regulation 10 CSR 10-6.110 
published in the Missouri Register November 1, 1984.
    (54) A new rule, Controlling Emissions During Episodes of High Air 
Pollution Potential, was submitted by the Department of Natural 
Resources on January 22, 1985.
    (i) Incorporation by reference. 10 CSR 10-6.130, Controlling 
Emissions During Episodes of High Air Pollution Potential, adopted by 
the Missouri Air Conservation Commission and effective on October 11, 
1984.
    (ii) Additional material. The State has rescinded rules 10 CSR 10-
2.170, 3.110, 4.160, and 5.260, all entitled ``Rules for Controlling 
Emission During Periods of High Air Pollution Potential.''
    (55) [Reserved]
    (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

[[Page 259]]

CSR 10-6.060, Permits Required. These Amendments were adopted by the 
Missouri Air Conservation Commission and became effective on May 11, 
1985.
    (ii) Additional material.
    (A) Narrative description of visibility new source review program 
for Class I areas in Missouri.
    (B) Visibility monitoring plan for Class I areas in Missouri.
    (57) On July 1, 1985, the Missouri Department of Natural Resources 
submitted amendments to Rules 10 CSR 10-5.220 for the St. Louis 
Metropolitan Area, and 10 CSR 10-2.260 for the Kansas City Metropolitan 
Area. The amendments require bulk gasoline plants to be equipped with a 
vapor recovery system if their monthly throughput is greater than the 
exemption level.
    (i) Incorporation by reference.
    (A) 10 CSR 10-5.220, and 10 CSR 10-2.260, Control of Emissions from 
Petroleum Liquid Storage, Loading, and Transfer, as published in the 
Missouri Register on May 1, 1985.
    (58) A plan revision demonstrating that the ozone standard will be 
attained in the St. Louis ozone nonattainment area by December 31, 1987, 
was submitted by the Department of Natural Resources on August 1, 1985.
    (i) Incorporation by reference.
    (A) An agreement and variance modification order dated July 18, 
1985, signed by the Missouri Air Conservation Commission and the General 
Motors (GM) Corporation requiring that the GM St. Louis assembly plant 
meet interim emission limitations and comply with the SIP by shutdown by 
December 31, 1987.
    (ii) Additional material.
    (A) A revised and corrected emission inventory for base year 1980.
    (B) A revised projected year 1987 inventory demonstrating that the 
additional emission reductions from two new regulations and one plant 
shutdown, in addition to reductions already required, will be adequate 
to reduce ambient ozone concentrations to the National Ambient Air 
Quality Standard for ozone.
    (59) A new rule, Control of Emissions from the Production of Maleic 
Anhydride, was submitted by the Department of Natural Resources on 
January 21, 1986.
    (i) Incorporation by reference.
    (A) 10 CSR 10-5.400, Control of Emissions from the Production of 
Maleic Anhydride, adopted by the Missouri Air Conservation Commission 
and effective on October 26, 1985.
    (60) A plan revision to correct motor vehicle inspection and 
maintenance testing deficiencies was submitted by the Department of 
Natural Resources on December 29, 1987.
    (i) Incorporation by reference. (A) Regulations 11 CSR 50-2.370 and 
11 CSR 50-2.400, effective June 25, 1987.
    (61) On June 9, 1986, the state of Missouri submitted an amendment 
to Rule 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading, 
and Transfer. This amendment requires the control of volatile organic 
compound emissions from the refueling of motor vehicles in the St. Louis 
Metropolitan Area.
    (i) Incorporation by reference.
    (A) 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading, 
and Transfer, revised paragraphs 4, 5, 6, 7, 8, and 9, published in the 
Missouri Register on May 1, 1985.
    (62) A new rule, Control of Equipment Leaks from Synthetic Organic 
Chemical and Polymer Manufacturing Plants, was submitted by the 
Department of Natural Resources on November 19, 1986.
    (i) Incorporation by reference, 10 CSR 10-5.420, Control of 
Equipment Leaks from Synthetic Organic Chemical and Polymer 
Manufacturing Plants, effective on September 26, 1986.
    (63) An amendment to the rule, Restriction of Emissions of Sulfur 
Compounds, was submitted by the Department of Natural Resources on 
November 19, 1986.
    (i) Incorporation by reference.
    (A) Amended Regulation 10 CSR 10-3.100, Restriction of Emission of 
Sulfur Compounds adopted October 16, 1986, and effective on November 28, 
1986.
    (64) A variance from Missouri Rule 10 CSR 10-3.050, Restriction of 
Emission 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.

[[Page 260]]

    (i) Incorporation by reference.
    (A) Variance order modification dated May 21, 1987, issued to St. 
Joe Minerals Corporation allowing certain equipment at its Pea Ridge 
Iron Ore facility to operate beyond the limitations specified in Rule 10 
CSR 10-3.050, Restriction of emissions of Particulate Matter from 
Industrial Processes, for outstate Missouri area, effective May 21, 
1987.
    (65) Revised regulations for the control of volatile organic 
compound emissions in the Kansas City area were submitted by the 
Missouri Department of Natural Resources on May 21, 1986, and December 
18, 1987. The May 21, 1986, submittal also included anozone attainment 
demonstration for Kansas City, which will be addressed in a future 
action.
    (i) Incorporation by reference. (A) Revision to Rule 10 CSR 10-
2.260, Control of Emissions from Petroleum Liquid Storage, Loading, and 
Transfer, effective May 29, 1986, with amendments effective December 24, 
1987.
    (B) New Rule 10 CSR 10-2.300, Control of Emissions from the 
Manufacturing of Paints, Varnishes, Lacquers, Enamels, and Other Allied 
Surface Coating Products, effective December 12, 1987.
    (C) New Rules 10 CSR 10-2.310, Control of Emissions from the 
Application of Automotive Underbody Deadeners, and 10 CSR 10-2.320, 
Control of Emissions from Production of Pesticides and Herbicides, 
effective November 23, 1987.
    (D) Rescinded Rules 10 CSR 10-2.240, Control of Emissions of 
Volatile Organic Compounds from Petroleum Refinery Equipment, and 10 CSR 
10-2.250, Control of Volatile Leaks from Petroleum Refinery Equipment, 
effective November 23, 1987.
    (E) Revision to Rule 10 CSR 10-6.030, Sampling Methods for Air 
Pollution Sources, effective November 23, 1987, with amendments 
effective December 24, 1987.
    (F) Revision to Rule 10 CSR 10-2.210, Control of Emissions from 
Solvent Metal Cleaning, effective December 12, 1987.
    (G) Revisions to Rules 10 CSR 10-2.290, Control of Emissions from 
Rotogravure and Flexographic Printing Facilities, and 10 CSR 10-6.020, 
Definitions, effective December 24, 1987.
    (66) The Missouri Department of Natural Resources submitted 
revisions to its state implementation plan to incorporate 
PM10 on March 29, 1988, May 12, 1988, and June 15, 1988.
    (i) Incorporation by reference.
    (A) Revisions to the following Missouri air pollution rules:
10 CSR 10-6.010 Ambient Air Quality Standards
10 CSR 10-6.020 Definitions
10 CSR 10-6.040 Reference Methods
10 CSR 10-6.060 Permits Required
10 CSR 10-6.130 Controlling Emissions During Episodes of High Air 
    Pollution Potential
    These rules were published in the Missouri Register on April 18, 
1988, and became effective April 28, 1988.
    (ii) Additional material.
    (A) A revision to the Missouri Monitoring Plan was submitted March 
29, 1988.
    (B) A narrative description of the PM10 SIP for the state 
of Missouri was submitted June 15, 1988.
    (67) Plan revisions were submitted by the Missouri Department of 
Natural Resources on August 18, 1986, and October 18, 1988, which 
implement EPA's July 8, 1985, revised stack height requirements.
    (i) Incorporation by reference.
    (A) Revisions to rules 10 C.S.R. 10-6.020, Definitions, and 10 CSR 
10-6.060, Permits Required, effective May 11, 1986.
    (B) New rule 10 C.S.R. 10-6.140, Restriction of Emissions Credit for 
Reduced Pollutant Concentrations from the Use of Dispersion Techniques, 
effective May 11, 1986.
    (C) Revisions to rule 10 CSR 10-6.020, Definitions, effective August 
25, 1988.
    (68) Revised regulations applicable to air quality models were 
submitted by the Missouri Department of Natural Resources on October 18, 
1988.
    (i) Incorporation by reference.
    (A) Revision of rule 10 CSR 10-6.060 ``Permits Required,'' effective 
on September 29, 1988.
    (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.

[[Page 261]]

    (i) Incorporation by reference.
    (A) Revision to 10 CSR 10-6.060, Permits Required, amended December 
19, 1988, effective January 1, 1989.
    (ii) Additional material.
    (A) Chapter 643 RSMo (House Bill Number 1187) passed by the General 
Assembly of the state of Missouri in 1988.
    (70) The Missouri Department of Natural Resources submitted 
amendments to Rule 10 CSR 10-2.230 on December 18, 1987, and December 
19, 1988. The rule controls volatile organic compound emissions from 
industrial surface coating facilities in the Kansas City area.
    (i) Incorporation by reference. (A) Revision to Rule 10 CSR 10-
2.230, Control of Emissions from Industrial Surface Coating Operations, 
effective December 24, 1987, with amendments effective November 24, 
1988.
    (71) Revisions to regulations for controlling volatile organic 
compound emissions in the St. Louis area were submitted by the Missouri 
Department of Natural Resources on June 14, 1985; November 19, 1986; and 
March 30, 1989.
    (i) Incorporation by reference. (A) New Rule 10 CSR 10-5.410, 
Control of Emissions from the Manufacture of Polystyrene Resin, 
effective May 11, 1985, with amendments effective September 26, 1986, 
and March 11, 1989.
    (B) Revisions to Rules 10 CSR 10-5.220, Control of Petroleum Liquid 
Storage, Loading and Transfer; 10 CSR 10-5.300, Control of Emissions 
from Solvent Metal Cleaning; 10 CSR 10-5.310, Liquefied Cutback Asphalt 
Paving Restricted; 10 CSR 10-5.320, Control of Emissions from 
Perchloroethylene Dry Cleaning Installations; 10 CSR 10-5.340, Control 
of Emissions from Rotogravure and Flexographic Printing Facilities; 10 
CSR 10-5.350, Control of Emissions of Synthesized Pharmaceutical 
Products; 10 CSR 10-5.360, Control of Emissions from Polyethylene Bag 
Sealing Operations; 10 CSR 10-5.370, Control of Emissions from the 
Application of Deadeners and Adhesives; 10 CSR 10-5.390, Control of 
Emissions from the Manufacturing of Paints, Varnishes, Lacquers, 
Enamels, and Other Allied Surface Coating Products; 10 CSR 10-5.420, 
Control of Equipment Leaks from Synthetic Organic Chemical and Polymer 
Manufacturing Plants; and 10 CSR 6.020, Definitions; effective March 11, 
1989.
    (C) Rescinded Rule 10 CSR 10-5.400, Control of Emissions from 
Production of Maleic Anhydride, effective March 11, 1989.
    (72) The Missouri Department of Natural Resources submitted new rule 
10 CSR 10-5.330, Control of Emissions from Industrial Surface Coating 
Operations, and amendments to rule 10 CSR 10-6.020, Definitions, on 
January 11, 1990.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-5.330, Control of Emissions from Industrial 
Surface Coating Operations, effective November 26, 1989.
    (B) Rescinded rule 10 CSR 10-5.330, Control of Emissions from 
Industrial Surface Coating Operations, effective November 26, 1989.
    (C) Revisions to rule 10 CSR 10-6.020, Definitions, effective 
November 26, 1989.
    (73) A rule revision to establish gasoline tank truck certification 
requirements in ozone nonattainment areas was submitted by the 
Department of Natural Resources on July 17, 1990.
    (i) Incorporation by reference.
    (A) Revision to rule 10 CSR 10-2.260 and 10 CSR 10-5.220 both titled 
``Control of Petroleum Liquid Storage, Loading, and Transfer'' effective 
May 24, 1990.
    (74) Revisions to the circumvention plan submitted by the Missouri 
Department of Natural Resources on September 6, 1990.
    (i) Incorporation by reference.
    (A) Rule at 10 CSR 10-6.150, Circumvention, effective November 30, 
1990.
    (B) Rescission of rules 10 CSR 10-2.140, Circumvention; CSR 10-
4.130, Circumvention; and 10 CSR 10-5.230, Circumvention, effective 
September 28, 1990.
    (75) Plan revisions were submitted by the Missouri Department of 
Natural Resources on September 25, 1990, which implement EPA's October 
17, 1988, PSD NOX requirements.
    (i) Incorporation by reference
    (A) Revisions to rules 10 CSR 10-6.020 ``Definitions'' and 10 CSR 
10-6.060 ``Permits Required'' were adopted by

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the Missouri Air Conservation Commission on May 14, 1990, and became 
effective May 24, 1990.
    (ii) Additional Information
    (A) Letter from the state dated November 30, 1990, pertaining to 
NOX rules and analysis which certifies that the material was 
adopted by the state on May 24, 1990.
    (76) In submittals dated September 6, 1990, and May 8, 1991, the 
Missouri Department of Natural Resources submitted a lead NAAQS 
attainment plan for the Doe Run Herculaneum primary lead smelter. 
Although Missouri rule 10 CSR 10-6.120 contains requirments which apply 
statewide to primary lead smelting operations, EPA takes action on this 
rule only insofar as it pertains to the Doe Run Herculaneum facility. 
Plan revisions to address the other lead smelters in the state are under 
development.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-6.120, Restriction of Emissions of Lead from 
Primary Lead Smelter-Refinery Installations, effective December 29, 
1988, with amendments effective March 14, 1991.
    (B) Consent order, entered into between the Doe Run Company and the 
Missouri Department of Natural Resources, dated March 9, 1990.
    (C) Supplemental consent order, signed by the Doe Run Company on 
July 26, 1990, and by the Missouri Department of Natural Resources on 
August 17, 1990.
    (ii) Additional material.
    (A) Narrative SIP material, submitted on September 9, 1990. This 
submittal includes the emissions inventory and attainment demonstration.
    (B) The Doe Run Herculaneum Work Practice Manual was submitted on 
May 8, 1991. In the May 8, 1991, submittal letter, the state agreed that 
any subsequent changes to the work practice manual would be submitted to 
EPA as SIP revisions.
    (77) Revisions to the state implementation plan for the Kansas City 
metropolitan area were submitted by the Director of the Missouri 
Department of Natural Resources on October 9, 1991. Revisions include a 
maintenance plan which demonstrates continued attainment of the NAAQS 
for ozone through the year 2002. Rule revisions were also submitted on 
October 9, 1991.
    (i) Incorporation by reference.
    (A) Revised regulations 10 CSR 10-6.020, Definitions, and 10 CSR 10-
2.220, Liquefied Cutback Asphalt Paving Restricted, effective August 30, 
1991; and new regulation 10 CSR 10-2.340, Control of Emissions from 
Lithographic Printing Facilities, effective December 9, 1991.
    (ii) Additional material.
    (A) State of Missouri Implementation Plan, Kansas City Metropolitan 
Area Maintenance Provisions, October 1991.
    (78) The Missouri Department of Natural Resources submitted new rule 
10 CSR 10-6.180, Measurement of Emissions of Air Contaminants, on March 
4, 1991.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-6.180 entitled ``Measurement of Emissions of 
Air Contaminants'' published November 19, 1990, effective December 31, 
1990.
    (79) The Missouri Department of Natural Resources submitted an 
amendment on March 19, 1992, to add sampling methods to rule 10 CSR 10-
6.030 ``Sampling Methods for Air Pollution Sources.'' On November 20, 
1991, Missouri submitted administrative amendments to rule 10 CSR 10-
6.030 which renumber and reorganize sections within that rule. Rules 
which reference the renumbered sections of 10 CSR 10-6.030 were also 
administratively amended and submitted.
    (i) Incorporation by reference.
    (A) Revised regulation 10 CSR 10-6.030 ``Sampling Methods for Air 
Pollution Sources'' effective September 30, 1991.
    (B) Administrative amendments to the sampling citations in the 
following rules which are affected by the administrative amendments to 
10 CSR 10-6.030: 10 CSR 10-2.210, effective December 12, 1987; 10 CSR 
10-2.230, effective November 24, 1988; 10 CSR 10-2.260, effective May 
24, 1990; 10 CSR 10-2.280, effective May 13, 1982; 10 CSR 10-2.290, 
effective December 24, 1987; 10 CSR 10-2.300, effective December 12, 
1987; 10 CSR 10-2.310, effective November 23, 1987; 10 CSR 10-2.320, 
effective November 23, 1987; 10 CSR 10-3.160, effective

[[Page 263]]

December 11, 1987; 10 CSR 10-5.220, effective May 24, 1990; 10 CSR 10-
5.300, effective March 11, 1989; 10 CSR 10-5.320, effective March 11, 
1989; 10 CSR 10-5.330, effective November 26, 1989; 10 CSR 10-5.350, 
effective March 11, 1989; 10 CSR 10-5.360, effective March 11, 1989; 10 
CSR 10-5.370, effective March 11, 1989; 10 CSR 10-5.390, effective March 
11, 1989; 10 CSR 10-5.410, effective March 11, 1989; 10 CSR 10-6.090, 
effective August 13, 1981; and 10 CSR 10-6.120, effective March 14, 
1991.
    (80) On June 28, 1991, the Missouri Department of Natural Resources 
(MDNR) submitted revisions to the Missouri State Implementation Plan 
which pertain to the St. Louis vehicle inspection and maintenance 
program. The Missouri rules contain requirements which apply to both 
safety and emission testing; EPA takes action on these rules only 
insofar as they pertain to emissions testing.
    (i) Incorporation by reference.
    (A) New rules 11 CSR 50-2.401, General Specifications; 11 CSR 50-
2.402, Missouri Analyzer System (MAS) Software Functions; 11 CSR 50-
2.403, MAS Display and Program Requirements; 11 CSR 50-2.405, Vehicle 
Inspection Certificate, Vehicle Inspection Report and Printer Function 
Specifications; 11 CSR 50-2.406, Technical Specifications for the MAS; 
and 11 CSR 50-2.407 Documentation, Logistics and Warranty Requirements; 
(appendix A, B, C), effective June 28, 1990.
    (B) New rule 11 CSR 50-2.404, Test Record Specifications, effective 
September 28, 1990.
    (C) Amended rules 11 CSR 50-2.370 Inspection Station Licensing; 11 
CSR 50-2.410, Vehicles Failing Reinspection; and 11 CSR 50-2.420 
Procedures for Conducting Only Emission Tests; effective December 31, 
1990.
    (D) Rescinded rule 11 CSR 50-2,400, Emission Test Procedures; 
effective December 31, 1990.
    (81) The Missouri Department of Natural Resources submitted a rule 
action rescinding rules 10 CSR 10-2.120, 10 CSR 10-4.110, and 10-5.200, 
Measurement of Emissions of Air Contaminants for the Kansas City 
Metropolitan Area, Springfield-Greene County Area, and the St. Louis 
Metropolitan Area, respectively, on July 9, 1992.
    (i) Incorporation by reference.
    (A) Rescission of rules 10 CSR 10-2.120, 10 CSR 10-4.110, and 10 CSR 
10-5.200 entitled ``Measurement of Emissions of Air Contaminants'' 
rescinded April 9, 1992.
    (82) Revisions to the Missouri State Implementation Plan 
establishing a Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program were submitted by the 
Director of the Missouri Department of Natural Resources on March 10, 
1993.
    (i) Incorporation by reference.
    (A) Small Business Stationary Source Technical and Environmental 
Compliance Program dated November 1992 and adopted February 18, 1993.
    (83) A revision to the Missouri State Implementation Plan (SIP) to 
incorporate the lead nonattainment areas into the existing new source 
review (NSR) program was submitted by the state on March 15, 1993. This 
revision changes the applicability requirements by changing the 
definition of nonattainment area in the state regulations to include 
lead nonattainment areas, and to delete the Kansas City area as a 
nonattainment area in light of its attainment of the ozone standard.
    (i) Incorporation by reference.
    (A) Revision to rule 10 C.S.R. 10-6.020, definitions, effective 
February 26, 1993.
    (84) The Missouri Department of Natural Resources submitted rule 
revisions pertaining to rotogravure and flexographic printing facilities 
in Kansas City, Missouri, and St. Louis, Missouri; and an amendment to 
the sampling methods rule which adds a compliance test method for the 
capture efficiency of air pollution control devices. These amendments 
were submitted September 16 and September 23, 1992.
    (i) Incorporation by reference.
    (A) Revised regulations 10 CSR 10-2.290 (except section (6), 
Compliance Dates) and 10 CSR 10-5.340 (except section (6), Compliance 
Dates), both entitled Control of Emissions from Rotogravure and 
Flexographic Printing Facilities, effective February 6, 1992.
    (B) Revised regulation 10 CSR 10-6.030 (section (20)), effective 
April 9, 1992.
    (85) [Reserved]

[[Page 264]]

    (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.
    (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

[[Page 265]]

to address the other lead smelters in the state are under development.
    (i) Incorporation by reference.
    (A) Revised regulation 10 CSR 10-6.120 (section (2)(C), section (4)) 
entitled Restriction of Emissions of Lead from Primary Smelter-Refinery 
Installations, effective August 28, 1994.
    (B) Consent Order, entered into between the Doe Run Company and 
MDNR, dated July 2, 1993.
    (C) Consent Order amendment, signed by the Doe Run Company on August 
30, 1994, and by MDNR on November 23, 1994.
    (ii) Additional material.
    (A) The Doe Run-Buick Work Practice Manual submitted on July 2, 
1993. EPA approves the Work Practice manual with the understanding that 
any subsequent changes to the Work Practice Manual will be submitted as 
SIP revisions.
    (B) Revisions to the Doe Run-Buick Work Practice Manual submitted on 
June 30, 1994.
    (90)-(91) [Reserved]
    (92) On February 14, 1995, the Missouri Department of Natural 
Resources submitted two new rules which pertain to transportation 
conformity in Kansas City and St. Louis.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-2.390 (except section (20) Criteria and 
Procedures: Interim Period Reductions in Ozone Areas (TIP)) and 10 CSR 
10-5.480 (except section (22) Criteria and Procedures: Interim Period 
Reductions in Ozone Areas (TIP)), both entitled Conformity to State 
Implementation Plans of Transportation Plans, Programs, and Projects 
Developed, Funded, or Approved Under Title 23 U.S.C. or the Federal 
Transit Act, effective May 28, 1995.
    (ii) Additional material.
    (A) Missouri's Air Pollution Control Plan, St. Louis Metropolitan 
Area Ozone and Carbon Monoxide Transportation Conformity, January 12, 
1995.
    (B) Missouri's Air Pollution Control Plan, Kansas City Metropolitan 
Area Ozone Transportation Conformity, January 12, 1995.
    (C) Policy agreement, entered into between the Missouri Department 
of Natural Resources, the Mid-America Regional Council, and the Highway 
and Transportation Commission of the state of Missouri, dated August 31, 
1993.
    (D) Letter from the state of Missouri to EPA, dated December 7, 
1995, in which the state commits to implementing its state rule 
consistent with the Federal Transportation Conformity rule, as amended 
on August 29, 1995, with regards to the granting of an NOX 
waiver and the NOX conformity requirements.
    (93) On February 14, 1995, the Missouri Department of Natural 
Resources (MDNR) submitted a new rule which pertains to general 
conformity.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-6.300, entitled Conformity of General Federal 
Actions to State Implementation Plans, effective May 28, 1995.
    (94) On April 12, 1995, the Missouri Department of Natural Resources 
submitted an emissions inventory update to the Kansas City maintenance 
plan approved by EPA on June 23, 1992. The submittal also establishes a 
motor vehicle emissions budget for the purpose of fulfilling the 
requirements of the Federal Transportation Conformity rule.
    (i) Incorporation by reference.
    (A) Kansas City Ozone Maintenance SIP Revisions: Emission 
Inventories and Motor Vehicle Emissions Budgets, adopted by the Missouri 
Air Conservation Commission on March 30, 1995.
    (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.

[[Page 266]]

    (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.
    (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.

[[Page 267]]

``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.
    (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

[[Page 268]]

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. 
52.1322, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1323  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Missouri's plans for the attainment and maintenance of the 
national standards. Continued satisfaction of the requirements of Part D 
for the ozone portion of the SIP depends on the adoption and submittal 
of RACT requirements by July 1, 1980, for the sources covered by CTGs 
issued between January 1978 and January 1979 and adoption and submittal 
by each successive January of Additional RACT requirements for sources 
covered by CTGs issued the previous January. New source review permits 
issued pursuant to section 173 of the Clean Air Act will not be deemed 
valid by EPA unless the provisions of Section V of the emission offset 
interpretive rule published on January 16, 1979 (44 FR 3274) are met.
    (b) The Administrator approves Rule 10 CSR 10-2.290 as identified 
under Sec. 52.1320, paragraph (c)(65), with the understanding that any 
alternative compliance plans issued under this rule must be approved by 
EPA as individual SIP revisions. In the absence of such approval, the 
enforceable requirements of the SIP would be the reduction requirements 
stated in the rule.
    (c) The Administrator approves Rule 10 CSR 10-2.230 as identified 
under Sec. 52.1320, paragraph (c)(70), with the understanding that any 
alternative compliance plans issued under this rule must be approved by 
EPA as individual SIP revisions. In the absence of such approval, the 
enforceable requirements of the SIP would be the emission limits stated 
in the rule.
    (d) The Administrator approves Rule 10 CSR 10-5.340 as identified 
under Sec. 52.1320, paragraph (c)(71), with the understanding that any 
alternative compliance plans issued under this rule must be approved as 
individual SIP revisions. In the absence of such approval, the 
enforceable requirements of the SIP would be the reduction requirements 
stated in the rule.
    (e) The Administrator approves Rule 10 CSR 10-5.330 as identified 
under Sec. 52.1320, paragraph (c)(72), under the following terms, to 
which the state of Missouri has agreed: Subsections (5)(B)3 and (7)(B) 
of the rule contain provisions whereby the director of the Missouri Air 
Pollution Control Program has discretion to establish compliance 
determination procedures and equivalent alternative emission limits for 
individual sources. Any such director discretion determinations under 
this rule must be submitted to EPA for approval as individual SIP 
revisions. In

[[Page 269]]

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.

    (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]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1323, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



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:

[[Page 270]]

    (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).
    (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]



Sec. Sec. 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.

[[Page 271]]

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

    (b) The compliance schedule submitted for the source identified 
below is disapproved as not meeting the requirements of subpart N of 
this chapter. All regulations cited are air pollution control 
regulations of the State, unless otherwise noted.

----------------------------------------------------------------------------------------------------------------
                Source                          Location           Regulation involved         Date 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.
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, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. Sec. 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

[[Page 272]]

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.
    (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.

[[Page 273]]

    (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.
    (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.

[[Page 274]]

    (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.
    (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,

[[Page 275]]

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. The Butte PM10 SIP replaces the prior approved Butte 
total suspended particulate (TSP) SIP approved in paragraph (c)(21).
    (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.
    (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

[[Page 276]]

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 
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.

[[Page 277]]

    (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 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.

[[Page 278]]

    (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.
    (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.

[[Page 279]]

    (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 State Implementation Plan 
(SIP) revision meeting the requirements for the primary SO2 
NAAQS 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. 
The East Helena SO2 SIP revision submitted on March 30, 1994, 
supercedes the East Helena SO2 SIP approved in paragraph 
(c)(5) of this section and, effective after November 15, 1995, 
terminates the East Helena SO2 SIP approved in paragraph 
(c)(16) of this section.
    (i) Incorporation by reference.
    (A) Stipulation signed March 15, 1994, between the Montana 
Department of Health and Environmental Sciences (MDHES) and Asarco, 
Incorporated, which specifies SO2 emission limitations and 
requirements for the company's primary lead smelter located in East 
Helena, MT.
    (B) Board order issued on March 18, 1994, by the Montana Board of 
Health and Environmental Sciences approving and adopting the control 
strategy for achieving and maintaining the primary SO2 NAAQS 
in the East Helena area.
    (38) [Reserved]
    (39) On May 17, 1994, the Governor of Montana submitted revisions to 
the Administrative Rules of Montana (ARM) regarding nonattainment new 
source review, prevention of significant deterioration, general 
construction permitting, wood waste burners, source test methods, new 
source performance standards, and national emission standards for 
hazardous air pollutants. Also, the Governor requested that all existing 
State regulations approved in the SIP be replaced with the October 1, 
1979 codification of the ARM as in effect on March 30, 1994. EPA is 
replacing all of the previously approved State regulations, except ARM 
16.8.1302 and 16.8.1307, with those regulations listed in paragraph 
(c)(39)(i)(A) of this section. ARM 16.8.1302 and 16.8.1307, as in effect 
on April 16, 1982 and as approved by EPA at 40 CFR 52.1370(c)(11), will 
remain part of the SIP.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) Sections 16.8.201-202, 
16.8.301-304, and 16.8.401-404, effective 12/31/72; Section 16.8.701, 
effective 12/10/93; Section 16.8.704, effective 2/14/87; Section 
16.8.705, effective 6/18/82; Section 16.8.707, effective 9/13/85; 
Sections 16.8.708-709, effective 12/10/93; Sections 16.8.945-963, 
effective 12/10/93; Sections 16.8.1001-1003, effective 9/13/85; Section 
16.8.1004, effective 12/25/92; Sections 16.8.1005-1006, effective 9/13/
85; Section 16.8.1007, effective 4/29/88; Section 16.8.1008, effective 
9/13/85; Section 16.8.1101, effective 6/16/89; Section 16.8.1102, 
effective 2/14/87; Section 16.8.1103, effective 6/16/89; Section 
16.8.1104, effective 3/16/79; Section 16.8.1105, effective 12/27/91; 
Sections 16.8.1107 and 16.8.1109, effective 12/10/93; Sections 
16.8.1110-1112. effective 3/16/79; Section 16.8.1113, effective 2/14/87; 
Section 16.8.1114, effective 12/10/93; Sections 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;

[[Page 280]]

Section 16.8.1501, effective 2/10/89; Section 16.8.1502, effective 2/26/
82; Section 16.8.1503, effective 2/10/89; Sections 16.8.1504-1505, 
effective 2/26/82; Sections 16.8.1701-1705, effective 12/10/93; and 
Sections 16.8.1801-1806, effective 12/10/93.
    (40) The Governor of Montana submitted a PM10 plan for 
Kalispell, Montana in a letter dated November 25, 1991. The Governor of 
Montana later submitted additional materials in letters dated January 
11, 1994, August 26, 1994, and July 18, 1995. The August 26, 1994, and 
July 18, 1995 submittals also contain the Kalispell Contingency Measure 
Plan. The August 26, 1994, submittal also contains the Columbia Falls 
PM10 contingency measures and minor revisions to the 
attainment and maintenance demonstrations for the moderate 
PM10 nonattainment area SIP for Columbia Falls. Finally, the 
August 26, 1994, submittal contains revisions to the Flathead County Air 
Pollution Control Program regulations.
    (i) Incorporation by reference.
    (A) Stipulations signed September 15, 1993 between the Montana 
Department of Health and Environmental Sciences and the following 
industries: A-1 Paving; Equity Supply Company; Flathead Road Dept. (two 
stipulations issued); Klingler Lumber Co.; McElroy and Wilkins; and 
Montana Mokko.
    (B) Stipulations signed September 17, 1993 between the Montana 
Department of Health and Environmental Sciences and the following 
industries: Pack and Company, Inc.; Pack Concrete; and Plum Creek Inc. 
(Evergreen).
    (C) Board Order issued on September 17, 1993, by the Montana Board 
of Health and Environmental Sciences enforcing emissions limitations 
specified by stipulations signed by both the Montana Department of 
Health and Environmental Services and participating facilities. The 
participating facilities included: A-1 Paving; Equity Supply Company; 
Flathead Road Dept. (two stipulations issued); Klingler Lumber Co.; 
McElroy and Wilkins; Montana Mokko; Pack and Company, Inc.; Pack 
Concrete; and Plum Creek Inc. (Evergreen).
    (D) Flathead County Board of Commissioners Resolution No. 867B, 
dated April 4, 1994, adopting the Flathead County Air Pollution Control 
Program.
    (E) Board Order issued May 20, 1994, by the Montana Board of Health 
and Environmental Sciences approving the Flathead County Air Pollution 
Control Program.
    (F) Flathead County Air Pollution Control Program, including all 
regulations found in Chapter VIII, Sub-Chapters 1-6, effective May 20, 
1994.
    (ii) Additional material.
    (A) Montana Smoke Management Plan, effective April 28, 1988, which 
addresses prescribed burning requirements.
    (B) Federal tailpipe standards, which provide an ongoing benefit due 
to fleet turnover.
    (41) The Governor of Montana submitted revisions to the Missoula 
City-County Air Pollution Control Program in a letter dated March 3, 
1995. In addition, the March 3, 1995 submittal satisfies the one 
remaining commitment made by the State in its original PM10 
moderate nonattainment area SIP.
    (i) Incorporation by reference.
    (A) Board order issued on September 16, 1994 by the Montana Board of 
Health and Environmental Sciences approving the amendments to Missoula 
City-County Air Pollution Control Program Chapters IX and XVI regarding, 
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.

[[Page 281]]

    (G) Missoula City-County Air Pollution Control Program Chapter XVI, 
Amendments and Revisions, effective September 16, 1994.
    (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 the 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 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.
    (45) [Reserved]
    (46) The Governor of Montana submitted sulfur dioxide SIP revisions 
for Billings/Laurel on September 6, 1995, August 27, 1996, April 2, 1997 
and July 29, 1998. On March 24, 1999, the Governor submitted a 
commitment to revise the SIP.
    (i) Incorporation by Reference.
    (A) Board Order issued on June 12, 1998, by the Montana Board of 
Environmental Review adopting and incorporating the stipulation of the 
Montana Department of Environmental Quality and Cenex Harvest 
Cooperatives, including the stipulation and exhibit A and attachments to 
exhibit A, except for the following:
    (1) Paragraph 20 of the stipulation;
    (2) Section 3(A)(1)(d) of exhibit A;
    (3) The following phrase from section 3(B)(2) of exhibit A: ``except 
that those sour water stripper overheads may be burned in the main crude 
heater (and exhausted through the main crude heater stack) or in the 
flare during periods when the FCC CO boiler is unable to burn the sour 
water stripper overheads from the ``old'' SWS, provided that such 
periods do not exceed 55 days per calendar year and 65 days for any two 
consecutive calendar years.'';
    (4) Section 4(B) of exhibit A;
    (5) Section 4(D) of exhibit A; and
    (6) Method 6A of attachment 2 of exhibit A.
    (B) Board Order issued on June 12, 1998, by the Montana Board of 
Environmental Review adopting and incorporating the stipulation of the 
Montana Department of Environmental Quality and Conoco, Inc., including 
the stipulation and exhibit A and attachments to exhibit A, except for 
paragraph 20 of the stipulation.

[[Page 282]]

    (C) Board Order issued on June 12, 1998, by the Montana Board of 
Environmental Review adopting and incorporating the stipulation of the 
Montana Department of Environmental Quality and Exxon Company, USA, 
including the stipulation and exhibit A and attachments to exhibit A, 
except for the following:
    (1) Paragraphs 1 and 22 of the stipulation;
    (2) Section 2(A)(11)(d) of exhibit A;
    (3) Sections 3(A)(1) and (2) of exhibit A;
    (4) Sections 3(B)(1), (2) and (3) of exhibit A;
    (5) The following phrase from section 3(E)(4) of exhibit A: ``except 
that the sour water stripper overheads may be burned in the F-1 Crude 
Furnace (and exhausted through the F-2 Crude/Vacuum Heater stack) or in 
the flare during periods when the FCC CO Boiler is unable to burn the 
sour water stripper overheads, provided that: (a) such periods do not 
exceed 55 days per calendar year and 65 days for any two consecutive 
calendar years, and (b) during such periods the sour water stripper 
system is operating in a two tower configuration.'';
    (6) Sections 4(B), (C), and (E) of exhibit A;
    (7) Section 6(B)(3) of exhibit A; and
    (8) method 6A of attachment 2 of exhibit A.
    (D) Board Order issued on June 12, 1998, by the Montana Board of 
Environmental Review adopting and incorporating the stipulation of the 
Montana Department of Environmental Quality and Montana Power Company, 
including the stipulation and exhibit A and attachments to exhibit A, 
except for paragraph 20 of the stipulation.
    (E) Board Order issued on June 12, 1998, by the Montana Board of 
Environmental Review adopting and incorporating the stipulation of the 
Montana Department of Environmental Quality and Montana Sulphur & 
Chemical Company, including the stipulation and exhibit A and 
attachments to the exhibit A, except for paragraphs 1, 2 and 22 of the 
stipulation, and sections 3(A)(1)(a) and (b), 3(A)(3), 3(A)(4) and 
6(B)(3) of exhibit A. (EPA is approving section 3(A)(2) of exhibit A for 
the limited purpose of strengthening the SIP. In 40 CFR 52.1384(d)(2), 
we are also disapproving section 3(A)(2) of exhibit A because section 
3(A)(2) does not fully meet requirements of the Clean Air Act.)
    (F) Board Order issued on June 12, 1998, by the Montana Board of 
Environmental Review adopting and incorporating the stipulation of the 
Montana Department of Environmental Quality and Western Sugar Company, 
including the stipulation and exhibit A and attachments to exhibit A, 
except for paragraph 20 of the stipulation.
    (G) Board Order issued on June 12, 1998, by the Montana Board of 
Environmental Review adopting and incorporating the stipulation of the 
Montana Department of Environmental Quality and Yellowstone Energy 
Limited Partnership, including the stipulation and exhibit A and 
attachments to exhibit A, except for paragraph 20 of the stipulation and 
section 3(A)(1) through (3) of exhibit A.
    (ii) Additional material.
    (A) All portions of the September 6, 1995 Billings/Laurel SO2 SIP 
submittal other than the board orders, stipulations, exhibit A's and 
attachments to exhibit A's.
    (B) All portions of the August 27, 1996 Billings/Laurel SO2 SIP 
submittal other than the board orders, stipulations, exhibit A's and 
attachments to exhibit A's.
    (C) All portions of the April 2, 1997 Billings/Laurel SO2 SIP 
submittal other than the board orders, stipulations, exhibit A's and 
attachments to exhibit A's.
    (D) All portions of the July 29, 1998 Billings/Laurel SO2 SIP 
submittal, other than the following: The board orders, stipulations, 
exhibit A's and attachments to exhibit A's, and any other documents or 
provisions mentioned in paragraph (c)(46)(i) of this section.
    (E) April 28, 1997 letter from Mark Simonich, Director, Montana 
Department of Environmental Quality, to Richard R. Long, Director, Air 
Program, EPA Region VIII.
    (F) January 30, 1998 letter from Mark Simonich, Director, Montana 
Department of Environmental Quality, to Richard R. Long, Director, Air 
Program, EPA Region VIII.

[[Page 283]]

    (G) August 11, 1998 letter from Mark Simonich, Director, Montana 
Department of Environmental Quality, to Kerrigan G. Clough, Assistant 
Regional Administrator, EPA Region VIII.
    (H) September 3, 1998 letter from Mark Simonich, Director, Montana 
Department of Environmental Quality, to Richard R. Long, Director, Air 
Program, EPA Region VIII.
    (I) March 24, 1999 commitment letter from Marc Racicot, Governor of 
Montana, to William Yellowtail, EPA Regional Administrator.
    (J) May 20, 1999 letter from Mark Simonich, Director, Montana 
Department of Environmental Quality, to Richard R. Long, Director, Air 
and Radiation Program, EPA Region VIII.
    (47) On August 26, 1999, the Governor of Montana submitted 
Administrative Rules of Montana Sub-Chapter 13, ``Conformity'' that 
incorporates conformity consultation requirements implementing 40 CFR 
Part 93, Subpart A into State regulation.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana 17.8.1301, 17.8.1305, 17.8.1306, 
17.8.1310 through 17.8.1313, effective June 4, 1999; and 17.8.1304 
effective August 23, 1996.
    (48) The Governor of Montana submitted revisions to the Missoula 
County Air Quality Control Program with a letter dated November 14, 
1997. The revisions address general definitions, open burning, and 
criminal penalties.
    (i) Incorporation by reference.
    (A) Board order issued on October 31, 1997 by the Montana Board of 
Environmental Review approving the amendments to Missoula County Air 
Quality Control Program Chapters IX and XII regarding general 
definitions, open burning, and criminal penalties.
    (B) Missoula County Air Quality Control Program, Chapter IX, Rule 
701, General Definitions, effective October 31, 1997.
    (C) Missoula County Air Quality Control Program, Chapter IX, Rules 
1301-1311, regarding open burning, effective October 31, 1997.
    (D) Missoula County Air Quality Control Program, Chapter XII, 
Criminal Penalties, effective October 31, 1997.
    (49) On September 19, 1997, December 10, 1997, April 14, 1999, 
December 6, 1999 and March 3, 2000, the Governor submitted a 
recodification and revisions to the Administrative Rules of Montana. EPA 
is replacing in the SIP all of the previously approved Montana air 
quality regulations except that the Kraft Pulp Mill Rule, ARM 16.8.1413, 
effective December 31, 1972, and Stack Heights and Dispersion Techniques 
Rule, ARM 16.8.1204-1206, effective June 13, 1986, with those 
regulations listed in paragraph (c)(49)(i)(A) of this section. The Kraft 
Pulp Mill Rule, ARM 16.8.1413, effective December 31, 1972, and Stack 
Heights and Dispersion Techniques Rule, ARM 16.8.1204-1206, effective 
June 13, 1986 remain a part of the SIP. In addition, the Governor 
submitted Yellowstone County's Local Regulation No. 002--Open Burning.
    (i) Incorporation by reference.
    (A) Administrative Rule of Montana (ARM) Table of Contents; section 
17.8.101, effective 6/26/98; sections 17.8.102-103, effective 10/8/99; 
section 17.8.105, effective 8/23/96; section 17.8.106, effective 10/8/
99, sections 17.8.110-111, effective 8/23/96; sections 17.8.130-131, 
effective 8/23/96; sections 17.8.140-142, effective 8/23/96; section 
17.8.301, effective 8/23/96; section 17.8.302, effective 10/8/99; 
section 17.8.304 (excluding 17.8.304(4)(f)), effective 8/23/96; section 
17.8.308, effective 8/23/96; section 17.8.309 (excluding 
17.8.309(5)(b)), effective 8/23/96; section 17.8.310 (excluding 
17.8.310(3)(e)), effective 8/23/96; section 17.8.316, effective 8/23/96; 
section 17.8.320, effective 8/23/96; sections 17.8.322-323, effective 8/
23/96; section 17.8.324 (excluding 17.8.324(1)(c) and (2)(d)), effective 
8/23/96; sections 17.8.325-326, effective 8/23/96; sections 17.8.330-
334, effective 8/23/96; section 17.8.601, effective 7/23/99; section 
17.8.602, effective 9/9/97; sections 17.8.604-605, effective 8/23/96; 
section 17.8.606, effective 7/23/99; sections 17.8.610-613, effective 7/
23/99; section 17.8.614-615, effective 8/23/96; section 17.8.701 
(excluding 17.8.701(10)), effective 8/23/96; section 17.8.702 (excluding 
17.8.702(1)(f)), effective 9/9/97; section 17.8.704, effective 8/23/96; 
section 17.8.705 (excluding 17.8.705(1)(q)) effective 8/23/96; sections 
17.8.706-707, effective 8/23/96; section 17.8.710, effective 8/23/96; 
sections 17.8.715-717, effective 8/23/96; section 17.8.720, effective 8/
23/96; sections 17.8.730-732, effective 8/23/96; section

[[Page 284]]

17.8.733 (excluding 17.8.733(1)(c)), effective 8/23/96; section 
17.8.734, effective 8/23/96; section 17.8.801, effective 6/26/98; 
section 17.8.802, effective 9/9/97; sections 17.8.804-809, effective 8/
23/96; sections 17.8.818-828, effective 8/23/96; section 17.8.901, 
effective 6/26/98; section 17.8.902, effective 9/9/97; sections 
17.8.904-906, effective 8/23/96; section 17.8.1001, effective 8/23/96; 
section 17.8.1002, effective 9/9/97; sections 17.8.1004-1007, effective 
8/23/96; section 17.8.1101, effective 8/23/96; section 17.8.1102, 
effective 9/9/97; section 17.8.1103, effective 8/23/96; and sections 
17.8.1106-1111, effective 8/23/96.
    (B) April 27, 2000 letter from Debra Wolfe, Montana Department of 
Environmental Quality, to Dawn Tesorero, U.S. Environmental Protection 
Agency, Region 8.
    (C) Board Order issued on September 24, 1999, by the Montana Board 
of Environmental Review approving the Yellowstone County Air Pollution 
Control Program.
    (D) Yellowstone County Air Pollution Control Program, Regulation No. 
002 Open Burning, effective September 24, 1999.
    (E) March 6, 2001 letter from Robert Habeck, Montana Department of 
Environmental Quality, to Laurie Ostrand, EPA Region 8, explaining the 
effective date of the Yellowstone County Air Pollution Control Program 
Regulation No. 002 Open Burning.
    (ii) Additional Material.
    (A) April 5, 2000 letter from Debra Wolfe, Montana Department of 
Environmental Quality, to Dawn Tesorero, U.S. Environmental Protection 
Agency, Region 8.
    (B) February 14, 2001 letter from Don Vidrine, Montana Department of 
Environmental Quality, to Dick Long, U.S. Environmental Protection 
Agency, Region 8.
    (50) On February 9, 2001, the Governor of Montana submitted 
revisions to Montana's Emergency Episode Avoidance Plan and Cascade 
County Air Pollution Control Program Regulation Chapter 7, Open Burning.
    (i) Incorporation by reference.
    (A) Board Order issued on October 16, 2000, by the Montana Board of 
Environmental Review approving the Cascade County Air Pollution Control 
Program.
    (B) Cascade County Air Pollution Control Program, Regulation Chapter 
7, Open Burning, effective October 16, 2000.
    (C) March 16, 2001 letter from Debra Wolfe, Montana Department of 
Environmental Quality, to Laurie Ostrand, EPA Region 8, explaining the 
effective date of the Cascade County Air Pollution Control Program 
Regulation Chapter 7, Open Burning.
    (51) The Governor of Montana submitted the East Helena Lead SIP 
revisions with letters dated August 16, 1995, July 2, 1996, and October 
20, 1998. The revisions address regulating lead emission from Asarco, 
American Chemet and re-entrained road dust from the streets of East 
Helena. The revisions supersede the Lead Plan submitted to EPA on 
September 29, 1983 (see paragraph (c)(15) of this section).
    (i) Incorporation by Reference.
    (A) Board order issued on August 28, 1998, by the Montana Board of 
Environmental Review adopting and incorporating the August 13, 1998 
stipulation of the Montana Department of Environmental Quality and 
Asarco.
    (B) Board order issued on June 26, 1996, by the Montana Board of 
Environmental Review adopting and incorporating the June 11, 1996 
stipulation of the Montana Department of Environmental Quality and 
Asarco including exhibit A and attachments to the stipulation, excluding 
paragraphs 15 and 16 of the stipulation, and excluding the following:
    (1) The words, ``or an equivalent procedure'' in the second and 
third sentences in section 2(A)(22) of exhibit A;
    (2) The words, ``or an equivalent procedure'' in the second and 
third sentences in section 2(A)(28) of exhibit A;
    (3) The words, ``or an equivalent procedure'' in the second sentence 
in section 5(G) of exhibit A;
    (4) The sentence, ``Any revised documents are subject to review and 
approval by the Department as described in section 12,'' from section 
6(E) of exhibit A;
    (5) The words, ``or a method approved by the Department in 
accordance with the Montana Source Testing Protocol and Procedures 
Manual shall be used to measure the volumetric flow rate at

[[Page 285]]

each location identified,'' in section 7(A)(2) of exhibit A;
    (6) The sentence, ``Such a revised document shall be subject to 
review and approval by the Department as described in section 12,'' in 
section 11(C) of exhibit A;
    (7) The sentences, ``This revised Attachment shall be subject to the 
review and approval procedures outlined in section 12(B). The Baghouse 
Maintenance Plan shall be effective only upon full approval of the plan, 
as revised. This approval shall be obtained from the Department by 
January 6, 1997. This deadline shall be extended to the extent that the 
Department has exceeded the time allowed in section 12(B) for its review 
and approval of the revised document,'' in section 12(A)(7) of exhibit 
A;
    (8) Section 12(B) of exhibit A.
    (C) Board order issued on August 4, 1995, by the Montana Board of 
Environmental Review adopting and incorporating the June 30, 1995 
stipulation of the Montana Department of Environmental Quality and 
American Chemet including exhibit A to the stipulation, excluding 
paragraph 20 of the stipulation.
    (ii) Additional material.
    (A) All portions of the August 16, 1995 East Helena Pb SIP submitted 
other than the orders, stipulations and exhibit A's and attachments to 
the stipulations.
    (B) All portions of the July 2, 1996 East Helena Pb SIP submitted 
other than the orders, stipulations and exhibit A's and attachments to 
the stipulations.
    (C) All portions of the October 20, 1998 East Helena Pb SIP 
submitted other than the orders, stipulations and exhibit A's and 
attachments to the stipulations.
    (D) November 16, 1999 letter from Art Compton, Division 
Administrator, Planning, Prevention and Assistance Division, Montana 
Department of Environmental Quality, to Richard R. Long, Director, Air 
and Radiation Program, EPA Region VIII.
    (E) September 9, 1998 letter from Richard A. Southwick, Point Source 
SIP Coordinator, Montana Department of Environmental Quality, to Richard 
R. Long, Director, Air and Radiation Program, EPA Region VIII.
    (52) The Governor of Montana submitted sulfur dioxide 
(SO2) SIP revisions for Billings/Laurel on July 29, 1998 and 
May 4, 2000. EPA is approving some of the provisions of the July 29, 
1998 submittal that it did not approve before. The May 4, 2000 submittal 
revises some previously approved provisions of the Billings/Laurel 
SO2 SIP and adds new provisions.
    (i) Incorporation by reference.
    (A) Sections 3(B)(2) and 4(D) (excluding ``or the flare'' and ``or 
in the flare'' in both sections), 3(A)(1)(d) and 4(B) of Cenex Harvest 
States Cooperatives' exhibit A to the stipulation between the Montana 
Department of Environmental Quality and Cenex Harvest States 
Cooperatives, adopted June 12, 1998 by Board Order issued by the Montana 
Board of Environmental Review.
    (B) Board Order issued March 17, 2000 by the Montana Board of 
Environmental Review adopting and incorporating the February 14, 2000 
stipulation between the Montana Department of Environmental Quality and 
Cenex Harvest States Cooperatives. This stipulation revises attachment 
2 to Cenex Harvest States Cooperatives' exhibit A to require 
the use of method 6A-1.
    (C) Sections 3(E)(4) and 4(E) (excluding ``or in the flare'' and 
``or the flare'' in both sections), 3(A)(2), 3(B)(2), 3(B)(3), 4(B) and 
6(B)(3) of Exxon's exhibit A to the stipulation between the Montana 
Department of Environmental Quality and Exxon, adopted June 12, 1998 by 
Board Order issued by the Montana Board of Environmental Review.
    (D) Board Order issued March 17, 2000, by the Montana Board of 
Environmental Review adopting and incorporating the February 14, 2000 
stipulation between the Montana Department of Environmental Quality and 
Exxon Mobil Corporation. The stipulation adds the following to Exxon 
Mobil Corporation's exhibit A: method 6A-1 of attachment 
2 and sections 2(A)(11)(d), 4(C), 7(B)(1)(j) and 7(C)(1)(l). 
The stipulation revises the following sections of Exxon Mobil 
Corporation's exhibit A: 3 (introductory text only), 3(A) (introductory 
text only), 3(A)(1), 3(B) (introductory text only), 3(B)(1), 3(E)(3),

[[Page 286]]

6(B)(7), 7(B)(1)(d), 7(C)(1)(b), 7(C)(1)(d), and 7(C)(1)(f).
    (E) Board Order issued on March 17, 2000, by the Montana Board of 
Environmental Review adopting and incorporating the February 14, 2000 
stipulation between the Montana Department of Environmental Quality and 
Yellowstone Energy Limited Partnership (YELP). The stipulation revises 
the following sections of YELP's exhibit A: sections 3(A)(1) through (3) 
and 7(C)(1)(b).
    (53) The Governor of Montana submitted minor revisions to Asarco's 
control strategy in the East Helena Lead SIP on November 27, 2000.
    (i) Incorporation by reference.
    (A) Board order issued on September 15, 2000, by the Montana Board 
of Environmental Review adopting and incorporating the stipulation of 
the Montana Department of Environmental Quality and Asarco dated July 
18, 2000. The July 18, 2000 stipulation revises the following sections 
in the previously adopted exhibit A to the stipulation: 1(B(4), 1(B)(5), 
3(A)(3), 3(A)(4), 3(A)(12)(a), 3(A)(12)(i), 3(A)(12)(m), 3(A)(12)(o), 
3(A)(12)(p), 3(A)(12)(q), 3(A)(12)(r), 3(A)(16)(a), 5(D)(1), 5(D)(2), 
5(G)(4), 8(A),(2), 8(A)(3), 9(B)(2), and 9(B)(3). These revisions, which 
became effective on September 15, 2000, replace the same-numbered 
sections in previously approved SIP revisions.
    (54) The Governor of Montana submitted revisions to the Missoula 
City-County Air Pollution Control Program with a letter dated April 30, 
2001. The revisions completely replace the previous version of the 
program regulations in the SIP.
    (i) Incorporation by reference.
    (A) November 17, 2000 Montana Board of Environmental Review order 
approving revisions to the Missoula City-County Air Pollution Control 
Program regulations.
    (B) Missoula City-County Air Pollution Control Program regulations 
as follows: Chapter 1, Program Authority and Administration; Chapter 2, 
Definitions; Chapter 3, Failure To Attain Standards; Chapter 4, Missoula 
County Air Stagnation and Emergency Episode Avoidance Plan; Chapter 5, 
General Provisions, Rules 5.101-5.103, 5.105-5.106, and 5.112; Chapter 
6, Standards for Stationary Sources, Subchapter 1, Air Quality Permits 
for Air Pollutant Sources, Rules 6.101-6.103 and 6.105-6.109, Subchapter 
5, Emission Standards, Rules 6.501-6.504, Subchapter 6, Incinerators, 
Rules 6.601-6.604, and Subchapter 7, Wood Waste Burners, Rules 6.701-
6.703; Chapter 7, Outdoor Burning; Chapter 8, Fugitive Particulate; 
Chapter 9, Solid Fuel Burning Devices; Chapter 10, Fuels; Chapter 11, 
Motor Vehicles; Chapter 14, Enforcement and Administrative Procedures; 
Chapter 15, Penalties; Appendix A, Maps; Appendix B, Missoula's 
Emergency Episode Avoidance Plan Operations and Procedures; and Appendix 
D, Oxygenated Fuels Program Sampling Requirements for Blending 
Facilities, effective November 17, 2000.
    (55) On April 30, 2001, May 21, 2001 and December 20, 2001, the 
Governor of Montana submitted revisions to the Administrative Rules of 
Montana. The State revised its Incorporation by Reference Rules and 
repealed a Sulfur Oxide Emissions--Primary Copper Smelter rule (ARM 
17.8.323). ARM 17.8.323, last incorporated by reference at 40 CFR 
52.1370(c)(49)(i)(A), is removed from the SIP.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections 17.8.102(1)(a), 
(b), (c) and (d), effective 8/10/01; 17.8.103(1)(m), (n), (o), and (p), 
effective 8/10/01; 17.8.302(1)(d), (e) and (f), effective 8/10/01; 
17.8.602(1) and (2), effective 8/10/01; 17.8.702(1)(g), effective 8/10/
01; 17.8.902(1)(e), effective 8/10/01; and 17.8.1002(1)(e), effective 8/
10/01.
    (56) On August 26, 1999, the Governor of Montana submitted 
Administrative Rules of Montana Sub-Chapter 14, ``Conformity of General 
Federal Actions'' that incorporates conformity of general federal 
actions to state or federal implementation plans, implementing 40 CFR 
part 93, subpart B into State regulation.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana 17.8.1401, and 17.8.1402 
effective June 4, 1999.
    (57) [Reserved]
    (58) On April 30, 2001, the Governor of Montana submitted a request 
to add a credible evidence rule to the Administrative Rules of Montana 
(ARM). ARM

[[Page 287]]

17.8.132--``Credible Evidence'' has been approved into the SIP.
    (i) Incorporation by reference.
    (A) ARM 17.8.132 effective December 8, 2000.
    (59) On October 28, 2002, the Governor of Montana submitted 
revisions to the Administrative Rules of Montana (ARM). The State 
revised its Incorporation by Reference rules (ARM 17.8.102, 17.8.302) 
and revised the definition of volatile organic compounds to incorporate 
by reference the federal regulation (ARM 17.8.101, 17.8.801, 17.8.901). 
Additional minor changes were made to ARM 17.8.401, 17.8.1005 and the 
Yellowstone County Air Pollution Control Program Regulation No. 002.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections 17.8.101(41), 
17.8.102(a) and (d), 17.8.302(1)(f), 17.8.401(1)(b)(v), 17.8.801(29), 
17.8.901(20) and 17.8.1005(6), effective 6/28/02.
    (B) Yellowstone County Air Pollution Control Program, Regulation No. 
002, (H)(4)(b)(i), effective June 7, 2002.
    (60) On June 26, 1997, the Governor of Montana submitted the 
Thompson Falls Air Pollution Control Plan and on June 13, 2000, the 
Governor submitted revisions to the June 26, 1997, submittal. On 
February 28, 1999, the Governor of Montana withdrew all chapters of the 
Thompson Falls Air Pollution Control Plan submitted on June 26, 1997, 
except chapters 45.2, 45.10.10, and 45.10.12. EPA is approving sections 
45.2, 45.10.10 and 45.10.12 of the Thompson Falls Air Pollution Control 
Plan.
    (i) Incorporation by reference.
    (A) Board Order issued June 20, 1997, by the Montana Board of 
Environmental Review, as reprinted in section 45.2.2 of the Thompson 
Falls Air Pollution Control Plan. The Board Order adopts and 
incorporates the May 1997 Maintenance Agreement Between the City of 
Thompson Falls, Montana Department of Transportation, and Montana 
Department of Environmental Quality which contains the control plan for 
the attainment and maintenance of the PM-10 National Ambient Air Quality 
Standards in the Thompson Falls area.
    (B) May 1997 Maintenance Agreement between the City of Thompson 
Falls, Montana Department of Transportation, and Montana Department of 
Environmental Quality, as reprinted in section 45.2.1 of the Thompson 
Falls Air Pollution Control Plan.
    (ii) Additional Material.
    (A) Sections 45.2, 45.10.10 and 45.10.12 of the Thompson Falls Air 
Pollution Control Plan.
    (61) Revisions to State Implementation Plan were submitted by the 
State of Montana on August 20, 2003. The revisions modify definitions 
and references to federal regulations and other materials in the 
Administrative Rules of Montana (ARM). The revisions also delete the 
definition at ARM 17.8.101(43).
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections: ARM 17.8.101(2), 
(8), (9), (12), (19), (20), (22), (23), (30), and (36); 17.8.102; 
17.8.103(1); 17.8.110(2); 17.8.302(1); 17.8.801(1), (3), (4), (6), (20), 
(21), (22), (24), (27) and (28); 17.8.802(1); 17.8.818(2), (3) and (6); 
17.8.819(3); 17.8.821; 17.8.901(1), (11), (12) and (14); 17.8.902(1); 
17.8.905(1)(c); and 17.8.1002(1) effective April 11, 2003.
    (62) Revisions to State Implementation Plan were submitted by the 
State of Montana on August 25, 2004. The revisions correct internal 
references to state documents; correct references to, or update 
citations of, Federal documents; and make minor editorial changes.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections: ARM 17.8.130; 
17.8.320(9); 17.8.801(22); 17.8.819; and 17.8.822, effective April 9, 
2004.
    (63) Revisions to State Implementation Plan were submitted by the 
State of Montana on April 18, 2003. The revisions modify the open 
burning rules and references to federal regulations in the 
Administrative Rules of Montana.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections: ARM 
17.8.302(1)(f); 17.8.601(1), (7) and (10); 17.8.604(1) (except paragraph 
604(1)(a)); 17.8.605(1); 17.8.606(3) and (4); 17.8.610(4); 17.8.612(4) 
and (5); and 17.8.614(1), effective December 27, 2002.

[[Page 288]]

    (64) Revisions to State Implementation Plan were submitted by the 
State of Montana on October 25, 2005. The revisions are to the 
Administrative Rules of Montana and: update the citations and references 
to federal documents and addresses where copies of documents can be 
obtained; and delete the definition of ``public nuisance'' from Sub-
Chapter 1 and the definitions of ``animal matter'' and ``reduction'' 
from Sub-Chapter 3.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections: ARM 17.8.102(1), 
17.8.103(3) and (4); 17.8.302(2), (3) and (4); 17.8.602(2), (3) and (4); 
.17.8.802(2), (3), (4) and (5); 17.8.902(2), (3), (4) and (5); 
17.8.1002(2), (3), (4) and (5); and 17.8.1102(2), (3) and (4), effective 
June 17, 2005.
    (65) On June 28, 2000, the Governor of Montana submitted to EPA 
revisions to the Montana State Implementation Plan. The revisions add 
definitions for PM and PM2.5, ARM 17.8.101(31) and (32) 
respectively, and revise ARM 17.8.308(4) and ARM 17.8.320(6) through 
editorial amendments making the rule more concise and consistent with 
the language in all applicable rules.
    (i) Incorporation by reference. Administrative Rules of Montana 
(ARM) sections: ARM 17.8.101(31) and (32); 17.8.308(4) introductory 
text, and 17.8.308(4)(b) and (c); and 17.8.320(6). March 31, 2000 is the 
effective date of these revised rules effective March 31, 2000.
    (ii) Additional Material. April 16, 2007 letter by the Governor of 
Montana rescinding its statement of certification regarding the 1997 
NAAQS as submitted in June 28, 2000.
    (66) On June 26, 1997, the Governor of Montana submitted the 
Whitefish OM10 Control Plan and on June 13, 2000, the 
Governor submitted revisions to the June 26, 1997 submittal. On February 
28, 1999, the Governor of Montana withdrew all sections of the Whitefish 
PM10 Control Plan submitted on June 26, 1997, except sections 
15.2.7, 15.12.8, and 15.12.10. EPA is approving sections 15.2.7, 
15.12.8, and 15.12.10 of the Whitefish PM10 Control Plan.
    (i) Incorporation by reference.
    (A) Sections 15.2.7, 15.12.8, and 15.12.10 of the Whitefish 
PM10 Control Plan.
    (ii) Additional Material.
    (A) Flathead County Air Pollution Control Program as of June 20, 
1997.
    (67) On December 8, 1997, May 28, 2003, and August 25, 2004, the 
Governor of Montana submitted revisions to the Montana State 
Implementation Plan. The December 8, 1997 submittal adds subsection (6) 
to Administrative Rules of Montana (ARM) section 17.8.316 
(Incinerators); the August 25, 2004 submittal makes a minor revision to 
ARM 17.8.316(5); and, the May 28, 2003 submittal makes minor editorial 
revisions to ARM 17.8.316(6).
    (i) Incorporation by reference. Administrative Rules of Montana 
(ARM) section 17.8.316, Incinerators, effective April 9, 2004.
    (ii) Additional Material.
    (A) October 2, 2007 Letter from MT DEQ to EPA regarding NSPS/MACT 
compliance.

[37 FR 10877, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1370, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1371  Classification of regions.

    The Montana Emergency Episode Avoidance Plan was revised with an 
August 2, 2004 submittal by the Governor. The August 2, 2004 Emergency 
Episode Avoidance Plan classified the Air Quality Control Regions (AQCR) 
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Pollutant
                                                                    ------------------------------------------------------------------------------------
                 Air quality control regions (AQCR)                    Particulate                         Nitrogen          Carbon
                                                                          matter        Sulfur oxide       dioxide          monoxide          Ozone
--------------------------------------------------------------------------------------------------------------------------------------------------------
Billings Intrastate AQCR 140.......................................             III              III              III              III              III
Great Falls Intrastate AQCR 141....................................             III              III              III              III              III
Helena Intrastate AQCR 142.........................................             III              III              III              III              III
Miles City Intrastate AQCR 143.....................................             III              III              III              III              III
Missoula Intrastate AQCR 144.......................................             III              III              III              III              III
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 289]]


[64 FR 68038, Dec. 6, 1999, as amended at 66 FR 31550, June 12, 2001; 71 
FR 21, Jan. 3, 2006]



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: Carbon monoxide.

    (a) On July 8, 1997, the Governor of Montana submitted revisions to 
the SIP narrative for the Missoula carbon monoxide control plan.
    (b) Revisions to the Montana State Implementation Plan, Carbon 
Monoxide Redesignation Request and Maintenance Plan for Billings, as 
adopted by the Montana Department of Environmental Quality on December 
19, 2000, State effective December 19, 2000, and submitted by the 
Governor on February 9, 2001.
    (c) Revisions to the Montana State Implementation Plan, Carbon 
Monoxide Redesignation Request and Maintenance Plan for Great Falls, as 
adopted by the Montana Department of Environmental Quality on December 
19, 2000, State effective December 19, 2000, and submitted by the 
Governor on February 9, 2001.
    (d) Revisions to the Montana State Implementation Plan, Carbon 
Monoxide Redesignation Request and Maintenance Plan for Missoula, as 
approved by the Missoula City-County Air Pollution Control Board on 
January 20, 2005, by the Missoula County Commissioners on January 26, 
2005 and by the Missoula City Council on March 7, 2005; and submitted by 
the Governor on May 27, 2005.

[64 FR 68038, Dec. 6, 1999, as amended at 67 FR 7973, Feb. 21, 2002; 67 
FR 31150, May 9, 2002; 72 FR 46161, Aug. 17, 2007]



Sec. 52.1374  Control strategy: Particulate matter.

    (a) On July 8, 1997, the Governor of Montana submitted minor 
revisions to the Columbia Falls, Butte and Missoula PM-10 SIPS.
    (b) Determination--EPA has determined that the Whitefish 
PM10 ``moderate'' nonattainment area attained the 
PM10 national ambient air quality standard by December 31, 
1999. This determination is based on air quality monitoring data from 
1997, 1998, and 1999. EPA has determined that the Thompson Falls 
PM10 ``moderate'' nonattainment area attained the 
PM10 national ambient air quality standard by December 31, 
2000. This determination is based on air quality monitoring data from 
1998, 1999, and 2000.

[64 FR 68038, Dec. 6, 1999, as amended at 66 FR 55105, Nov. 1, 2001]



Sec. 52.1375  Control strategy: Lead.

    Determination--EPA has determined that the East Helena Lead 
nonattainment area has attained the lead national ambient air quality 
standards through calendar year 1999. This determination is based on air 
quality data currently in the AIRS database (as of the date of our 
determination, June 18, 2001).

[66 FR 55098, Nov. 1, 2001]



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.

[[Page 290]]

    (b) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the Agency responsible for 
making emission data available to the public, as specified in the 
applicable plan, concerning emissions from any source subject to 
emission limitations which are part of the approved plan may request 
that the appropriate Regional Administrator obtain and make public such 
data. Within 30 days after receipt of any such written request, the 
Regional Administrator shall require the owner or operator of any such 
source to submit information within 30 days on the nature and amounts of 
emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the applicable plan.
    (2) Commencing after the initial nonecessary by the Regional 
Administrator pursuant to paragraph (b)(1) of this section, the owner or 
operator of the source shall maintain records of the nature and amounts 
of emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the plan. The information recorded shall be 
summarized and reported to the Regional Administrator, on forms 
furnished by the Regional Administrator, and shall be submitted within 
45 days after the end of the reporting period. Reporting periods are 
January 1 to June 30 and July 1 to December 31.
    (3) Information recorded by the owner or operator and copies of this 
summarizing report submitted to the Regional Administrator shall be 
retained by the owner or operator for 2 years after the date on which 
the pertinent report is submitted.
    (4) Emission data obtained from owners or operators of stationary 
sources will be correlated with applicable emission limitations and 
other control measures that are part of the applicable plan and will be 
available at the appropriate regional office and at other locations in 
the state designated by the Regional Administrator.

[39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55331, Nov. 28, 1975; 
51 FR 40676, Nov. 7, 1986]



Sec. 52.1379  Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met, 
since section 69-3918 of the Montana Clean Air Act could, in some 
circumstances prohibit the disclosure of emission data to the public. 
Therefore, section 69-3918 is disapproved.

[39 FR 34536, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. Sec. 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 significant deterioration of air 
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are 
hereby incorporated 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; 68 FR 11323, 
Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003]



Sec. 52.1384  Emission control regulations.

    (a) Administrative Rules of Montana 17.8.309(5)(b) and 
17.8.310(3)(e) of the State's rule regulating fuel burning, which were 
submitted by the Governor on April 14, 1999 and which allow terms of a 
construction permit to override a

[[Page 291]]

requirement that has been approved as part of the SIP, are disapproved. 
We cannot approve these provisions into the SIP, as it would allow the 
State to change a SIP requirement through the issuance of a permit. 
Pursuant to section 110 of the Act, to change a requirement of the SIP, 
the State must adopt a SIP revision and obtain our approval of the 
revision.
    (b)(1) In 40 CFR 52.1370(c)(51), we incorporated by reference 
several documents that comprise the East Helena Lead SIP. Sections 
52.1370(c)(51)(i)(B) and (C) indicate that certain provisions of the 
documents that were incorporated by reference were excluded. The 
excluded provisions of Sec. 52.1370(c)(51)(i)(B) and (C) are 
disapproved. These provisions are disapproved because they do not 
entirely conform to the requirement of section 110(a)(2) of the Act that 
SIP limits must be enforceable, nor to the requirement of section 110(i) 
that the SIP can be modified only through the SIP revision process. The 
following phrases, words, or section in exhibit A of the stipulation 
between the Montana Department of Environmental Quality (MDEQ) and 
Asarco, adopted by order issued on June 26, 1996 by the Montana Board of 
Environmental Review (MBER), are disapproved:
    (i) The words, ``or an equivalent procedure'' in the second and 
third sentences in section 2(A)(22) of exhibit A;
    (ii) The words, ``or an equivalent procedure'' in the second and 
third sentences in section 2(A)(28) of exhibit A;
    (iii) The words, ``or an equivalent procedure'' in the second 
sentence in section 5(G) of exhibit A;
    (iv) The sentence, ``Any revised documents are subject to review and 
approval by the Department as described in section 12,'' from section 
6(E) of exhibit A;
    (v) The words, ``or a method approved by the Department in 
accordance with the Montana Source Testing Protocol and Procedures 
Manual shall be used to measure the volumetric flow rate at each 
location identified,'' in section 7(A)(2) of exhibit A;
    (vi) The sentence, ``Such a revised document shall be subject to 
review and approval by the Department as described in section 12,'' in 
section 11(C) of exhibit A;
    (vii) The sentences, ``This revised Attachment shall be subject to 
the review and approval procedures outlined in Section 12(B). The 
Baghouse Maintenance Plan shall be effective only upon full approval of 
the plan, as revised. This approval shall be obtained from the 
Department by January 6, 1997. This deadline shall be extended to the 
extent that the Department has exceeded the time allowed in section 
12(B) for its review and approval of the revised document,'' in section 
12(A)(7) of exhibit A; and
    (viii) Section 12(B) of exhibit A.
    (2) Paragraphs 15 and 16 of the stipulation by the MDEQ and Asarco 
adopted by order issued on June 26, 1996 by the MBER are disapproved. 
Paragraph 20 of the stipulation by the MDEQ and American Chemet adopted 
by order issued on August 4, 1995 by the MBER is disapproved.
    (c) Administrative Rules of Montana 17.8.324(1)(c) and 2(d) 
(formerly ARM 16.8.1425(1)(c) and (2)(d)) of the State's rule regulating 
hydrocarbon emissions from petroleum products, which were submitted by 
the Governor on May 17, 1994 and later recodified with a submittal by 
the Governor on September 19, 1997, and which allow the 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.
    (d) In Sec. 52.1370(c)(46), we approved portions of the Billings/
Laurel Sulfur Dioxide SIP and incorporated by reference several 
documents. This paragraph identifies those portions of the Billings/
Laurel SO2 SIP that have been disapproved.
    (1) In Sec. 52.1370(c)(46)(i)(A) through (G), certain provisions of 
the documents incorporated by reference were excluded. The following 
provisions that were excluded by Sec. 52.1370(c)(46)(i)(A) through (G) 
are disapproved. We cannot approve these provisions because they do not 
conform to the requirements of the Clean Air Act:

[[Page 292]]

    (i) The following paragraph and portions of sections of the 
stipulation and exhibit A between the Montana Department of 
Environmental Quality and Cenex Harvest Cooperatives adopted by Board 
Order issued on June 12, 1998, by the Montana Board of Environmental 
Review:
    (A) Paragraph 20 of the stipulation;
    (B) The following phrase from section 3(B)(2) of exhibit A: ``or in 
the flare''; and
    (C) The following phrases in section 4(D) of exhibit A: ``or in the 
flare'' and ``or the flare.''
    (ii) Paragraph 20 of the stipulation between the Montana Department 
of Environmental Quality and Conoco, Inc., adopted by Board Order issued 
on June 12, 1998, by the Montana Board of Environmental Review.
    (iii) The following paragraphs and portions of sections of the 
stipulation and exhibit A between the Montana Department of 
Environmental Quality and Exxon Company, USA, adopted by Board Order 
issued on June 12, 1998, by the Montana Board of Environmental Review:
    (A) Paragraphs 1 and 22 of the stipulation;
    (B) The following phrase of section 3(E)(4) of exhibit A: ``or in 
the flare''; and
    (C) The following phrases of section 4(E) of exhibit A: ``or in the 
flare'' and ``or the flare.''
    (iv) Paragraph 20 of the stipulation between the Montana Department 
of Environmental Quality and Montana Power Company, adopted by Board 
Order issued on June 12, 1998, by Montana Board of Environmental Review.
    (v) The following paragraphs and sections of the stipulation and 
exhibit A between the Montana Department of Environmental Quality and 
Montana Sulphur & Chemical Company, adopted by Board Order issued on 
June 12, 1998, by the Montana Board of Environmental Review: paragraphs 
1, 2 and 22 of the stipulation; sections 3(A)(1)(a) and (b), 3(A)(3), 
and 3(A)(4) of exhibit A.
    (vi) Paragraph 20 of the stipulation between the Montana Department 
of Environmental Quality and Western Sugar Company, adopted by Board 
Order issued on June 12, 1998, by the Montana Board of Environmental 
Review.
    (vii) Paragraph 20 of the stipulation between the Montana Department 
of Environmental Quality and Yellowstone Energy Limited Partnership, 
adopted by Board Order issued on June 12, 1998, by the Montana Board of 
Environmental Review.
    (2) Section (3)(A)(2) of exhibit A of the stipulation between the 
Montana Department of Environmental Quality and Montana Sulphur & 
Chemical Company, adopted by Board Order issued on June 12, 1998, by the 
Montana Board of Environmental Review, which section 3(A)(2) we approved 
for the limited purpose of strengthening the SIP, is hereby disapproved. 
This limited disapproval does not prevent EPA, citizens, or the State 
from enforcing section 3(A)(2).
    (e) In 40 CFR 52.1370(c)(52), we approved portions of the Billings/
Laurel Sulfur Dioxide SIP for the limited purpose of strengthening the 
SIP. Those provisions that we limitedly approved are hereby limitedly 
disapproved. This limited disapproval does not prevent EPA, citizens, or 
the State from enforcing the provisions. This paragraph identifies those 
provisions of the Billings/Laurel SO2 SIP identified in 40 
CFR 52.1370(c)(52) that have been limitedly disapproved.
    (1) Sections 3(B)(2) and 4(D) (excluding ``or in the flare'' and 
``or the flare'' in both sections, which was previously disapproved in 
paragraphs (d)(1)(i)(B) and (C) above), 3(A)(1)(d) and 4(B) of Cenex 
Harvest State Cooperatives' exhibit A to the stipulation between the 
Montana Department of Environmental Quality and Cenex Harvest State 
Cooperatives, adopted June 12, 1998 by Board Order issued by the Montana 
Board of Environmental Review.
    (2) Method 6A-1 of attachment 2 of Cenex Harvest 
State Cooperatives' exhibit A, as revised pursuant to the stipulation 
between the Montana Department of Environmental Quality and Cenex 
Harvest State Cooperatives, adopted by Board Order issued on March 17, 
2000, by the Montana Board of Environmental Review.
    (3) Sections 3(B)(2), 4(B), and 6(B)(3) of Exxon's exhibit A to the 
stipulation between the Montana Department of

[[Page 293]]

Environmental Quality and Exxon, adopted on June 12, 1998 by Board Order 
issued by the Montana Board of Environmental Review.
    (4) Sections 2(A)(11)(d), 3(A)(1), 3(B)(1) and 4(C) of Exxon Mobil 
Corporation's exhibit A, as revised pursuant to the stipulation between 
the Montana Department of Environmental Quality and Exxon Mobil 
Corporation, adopted by Board Order issued on March 17, 2000, by the 
Montana Board of Environmental Review.
    (f) Administrative Rules of Montana 17.8.335 of the State's rule 
entitled ``Maintenance of Air Pollution Control Equipment for Existing 
Aluminum Plants,'' submitted by the Governor on January 16, 2003, is 
disapproved. We cannot approve this rule into the SIP because it is 
inconsistent with the Act (e.g., sections 110(a) and 110(l)), prior 
rulemakings and our guidance.

[57 FR 57347, Dec. 4, 1992, as amended at 57 FR 60486, Dec. 21, 1993; 60 
FR 36722, July 18, 1995; 64 FR 68038, Dec. 6, 1999; 66 FR 42437, Aug. 
13, 2001; 66 FR 55099, Nov. 1, 2001; 67 FR 22241, May 2, 2002; 68 FR 
27911, May 22, 2003; 71 FR 4828, Jan. 30, 2006]



Sec. Sec. 52.1385-52.1386  [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.

    (a) 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.
    (b) As part of the Thompson Falls Air Pollution Control Plan 
(approved at Sec. 52.1370(c)(60)), the Governor of Montana submitted a 
PM-10 emission inventory for the Thompson Falls area as a SIP revision. 
The PM-10 emission inventory covers the time period of July 1, 1990 
through June 30, 1991.

[62 FR 65616, Dec. 15, 1997, as amended at 69 FR 3012, Jan. 22, 2004]

[[Page 294]]



Sec. 52.1392  Federal Implementation Plan for the Billings/Laurel Area.

    (a) Applicability. This section applies to the owner(s) or 
operator(s), including any new owner(s) or operator(s) in the event of a 
change in ownership or operation, of the following facilities in the 
Billings/Laurel, Montana area: CHS Inc. Petroleum Refinery, Laurel 
Refinery, 803 Highway 212 South, Laurel, MT; ConocoPhillips Petroleum 
Refinery, Billings Refinery, 401 South 23rd St., Billings, MT; 
ExxonMobil Petroleum Refinery, 700 Exxon Road, Billings, MT; and Montana 
Sulphur & Chemical Company, 627 Exxon Road, Billings, MT.
    (b) Scope. The facilities listed in paragraph (a) of this section 
are also subject to the Billings/Laurel SO2 SIP, as approved 
at 40 CFR 52.1370(c)(46) and (52). In cases where the provisions of this 
FIP address emissions activities differently or establish a different 
requirement than the provisions of the approved SIP, the provisions of 
this FIP take precedence.
    (c) Definitions. For the purpose of this section, we are defining 
certain words or initials as described in this paragraph. Terms not 
defined below that are defined in the Clean Air Act or regulations 
implementing the Clean Air Act, shall have the meaning set forth in the 
Clean Air Act or such regulations.
    (1) Aliquot means a fractional part of a sample that is an exact 
divisor of the whole sample.
    (2) Annual Emissions means the amount of SO2 emitted in a 
calendar year, expressed in pounds per year rounded to the nearest 
pound, where:

Annual emissions = [Sigma] Daily emissions within the calendar year.

    (3) Calendar Day means a 24-hour period starting at 12 midnight and 
ending at 12 midnight, 24 hours later.
    (4) Clock Hour means a twenty-fourth (\1/24\) of a calendar day; 
specifically any of the standard 60-minute periods in a day that are 
identified and separated on a clock by the whole numbers one (1) through 
12.
    (5) Continuous Emission Monitoring System or CEMS means all 
continuous concentration and volumetric flow rate monitors, associated 
data acquisition equipment, and all other equipment necessary to meet 
the requirements of this section for continuous monitoring.
    (6) Daily Emissions means the amount of SO2 emitted in a 
calendar day, expressed in pounds per day rounded to the nearest tenth 
(\1/10\) of a pound, where:

Daily emissions = [Sigma] 3-hour emissions within a calendar day.

    (7) EPA means the United States Environmental Protection Agency.
    (8) Exhibit means for a given facility named in paragraph (a) of 
this section, exhibit A to the stipulation of the Montana Department of 
Environmental Quality and that facility, adopted by the Montana Board of 
Environmental Review on either June 12, 1998, or March 17, 2000.
    (9) 1998 Exhibit means for a given facility named in paragraph (a) 
of this section, the exhibit adopted by the Montana Board of 
Environmental Review on June 12, 1998.
    (10) 2000 Exhibit means for a given facility named in paragraph (a) 
of this section, the exhibit adopted by the Montana Board of 
Environmental Review on March 17, 2000.
    (11) Flare means a combustion device that uses an open flame to burn 
combustible gases with combustion air provided by uncontrolled ambient 
air around the flame. This term includes both ground and elevated 
flares.
    (12) The initials Hg mean mercury.
    (13) Hourly means or refers to each clock hour in a calendar day.
    (14) Hourly Average means an arithmetic average of all valid and 
complete 15-minute data blocks in a clock hour. Four (4) valid and 
complete 15-minute data blocks are required to determine an hourly 
average for each CEMS per clock hour.
    Exclusive of the above definition, an hourly CEMS average may be 
determined with two (2) valid and complete 15-minute data blocks, for 
two (2) of the 24 hours in any calendar day. A complete 15-minute data 
block for each CEMS shall have a minimum of one (1) data point value; 
however, each CEMS shall be operated such that all valid data points 
acquired in any 15-minute block shall be used to determine the 15-

[[Page 295]]

minute block's reported concentration and flow rate.
    (15) Hourly Emissions means the pounds per clock hour of 
SO2 emissions from a source (including, but not limited to, a 
flare, stack, fuel oil system, sour water system, or fuel gas system) 
determined using hourly averages and rounded to the nearest tenth (\1/
10\) of a pound.
    (16) The initials H2S mean hydrogen sulfide.
    (17) Integrated sampling means an automated method of obtaining a 
sample from the gas stream to the flare that produces a composite sample 
of individual aliquots taken over time.
    (18) The initials MBER mean the Montana Board of Environmental 
Review.
    (19) The initials MDEQ mean the Montana Department of Environmental 
Quality.
    (20) The initials mm mean millimeters.
    (21) The initials MSCC mean the Montana Sulphur & Chemical Company.
    (22) Pilot gas means the gas used to maintain the presence of a 
flame for ignition of gases routed to a flare.
    (23) Purge gas means a continuous gas stream introduced into a flare 
header, flare stack, and/or flare tip for the purpose of maintaining a 
positive flow that prevents the formation of an explosive mixture due to 
ambient air ingress.
    (24) The initials ppm mean parts per million.
    (25) The initials SCFH mean standard cubic feet per hour.
    (26) The initials SCFM mean standard cubic feet per minute.
    (27) Standard Conditions means (a) 20 [deg]C (293.2 [deg]K, 527.7 
[deg]R, or 68.0 [deg]F) and one (1) atmosphere pressure (29.92 inches Hg 
or 760 mm Hg) for stack and flare gas emission calculations, and (b) 
15.6 [deg]C (288.7 [deg]K, 520.0 [deg]R, or 60.3 [deg]F) and one (1) 
atmosphere pressure (29.92 inches Hg or 760 mm Hg) for refinery fuel gas 
emission calculations.
    (28) The initials SO2 mean sulfur dioxide.
    (29) The initials SWS mean sour water stripper.
    (30) The term 3-hour emissions means the amount of SO2 
emitted in each of the eight (8) non-overlapping 3-hour periods in a 
calendar day, expressed in pounds and rounded to the nearest tenth (\1/
10\) of a pound, where:

3 hour emissions = [Sigma] Hourly emissions within the 3-hour period.

    (31) The term 3-hour period means any of the eight (8) non-
overlapping 3-hour periods in a calendar day: Midnight to 3 a.m., 3 a.m. 
to 6 a.m., 6 a.m. to 9 a.m., 9 a.m. to noon, noon to 3 p.m., 3 p.m. to 6 
p.m., 6 p.m. to 9 p.m., 9 p.m. to midnight.
    (32) Turnaround means a planned activity involving shutdown and 
startup of one or several process units for the purpose of performing 
periodic maintenance, repair, replacement of equipment, or installation 
of new equipment.
    (33) Valid means data that are obtained from a monitor or meter 
serving as a component of a CEMS which meets the applicable 
specifications, operating requirements, and quality assurance and 
control requirements of section 6 of ConocoPhillips', CHS Inc.'s, 
ExxonMobil's, and MSCC's 1998 exhibits, respectively, and this section.
    (d) CHS Inc. emission limits and compliance determining methods.
    (1) Introduction. The provisions for CHS Inc. cover the following 
units:
    (i) The flare.
    (ii) Combustion sources, which consist of those sources identified 
in the combustion sources emission limit in section 3(A)(1)(d) of CHS 
Inc.'s 1998 exhibit.
    (2) Flare requirements.
    (i) Emission limit. The total emissions of SO2 from the 
flare shall not exceed 150.0 pounds per 3-hour period.
    (ii) Compliance determining method. Compliance with the emission 
limit in paragraph (d)(2)(i) of this section shall be determined in 
accordance with paragraph (h) of this section.
    (3) Combustion sources.
    (i) Restrictions. Sour water stripper overheads (ammonia 
(NH3) and H2S gases removed from the sour water in 
the sour water stripper) shall not be burned in the main crude heater. 
At all times, CHS Inc. shall keep a chain and lock on the valve that 
supplies sour water stripper overheads from the old sour water stripper 
to the main crude

[[Page 296]]

heater and shall keep such valve closed.
    (ii) Compliance determining method. CHS Inc. shall log and report 
any noncompliance with the requirements of paragraph (d)(3)(i) of this 
section.
    (4) Data reporting requirements.
    (i) CHS Inc. shall submit quarterly reports beginning with the first 
calendar quarter following May 21, 2008. The quarterly reports shall be 
submitted within 30 days of the end of each calendar quarter. The 
quarterly reports shall be submitted to EPA at the following address: 
Air Program Contact, EPA Montana Operations Office, Federal Building, 10 
West 15th Street, Suite 3200, Helena, MT 59626.
    The quarterly report shall be certified for accuracy in writing by a 
responsible CHS Inc. official. The quarterly report shall consist of 
both a comprehensive electronic-magnetic report and a written hard copy 
data summary report.
    (ii) The electronic report shall be on magnetic or optical media, 
and such submittal shall follow the reporting format of electronic data 
being submitted to the MDEQ. EPA may modify the reporting format 
delineated in this section, and, thereafter, CHS Inc. shall follow the 
revised format. In addition to submitting the electronic quarterly 
reports to EPA, CHS Inc. shall also record, organize, and archive for at 
least five (5) years the same data, and upon request by EPA, CHS Inc. 
shall provide EPA with any data archived in accordance with this 
provision. The electronic report shall contain the following:
    (A) Hourly average total sulfur concentrations as H2S or 
SO2 in ppm in the gas stream to the flare;
    (B) Hourly average H2S concentrations of the flare pilot 
and purge gases in ppm;
    (C) Hourly average volumetric flow rates in SCFH of the gas stream 
to the flare;
    (D) Hourly average volumetric flow rates in SCFH of the flare pilot 
and purge gases;
    (E) Hourly average temperature (in [deg]F) and pressure (in mm or 
inches of Hg) of the gas stream to the flare;
    (F) Hourly emissions from the flare in pounds per clock hour; and
    (G) Daily calibration data for all flare, pilot gas, and purge gas 
CEMS.
    (iii) The quarterly written report shall contain the following 
information:
    (A) The 3-hour emissions in pounds per 3-hour period from each 
flare;
    (B) Periods in which only natural gas or an inert gas was used as 
flare pilot gas or purge gas or both;
    (C) The results of all quarterly Cylinder Gas Audits (CGA), Relative 
Accuracy Audits (RAA), and annual Relative Accuracy Test Audits (RATA) 
for all total sulfur analyzer(s) and H2S analyzer(s), and the 
results of all annual calibrations and verifications for the volumetric 
flow, temperature, and pressure monitors;
    (D) For all periods of flare volumetric flow rate monitoring system 
or total sulfur analyzer system downtime, flare pilot gas or purge gas 
volumetric flow or H2S analyzer system downtime, or failure 
to obtain or analyze a grab or integrated sample, the written report 
shall identify:
    (1) Dates and times of downtime or failure;
    (2) Reasons for downtime or failure;
    (3) Corrective actions taken to mitigate downtime or failure; and
    (4) The other methods, approved by EPA in the flare monitoring plan 
required by paragraph (h)(5) of this section, used to determine flare 
emissions;
    (E) For all periods that the range of the flare or any pilot or 
purge gas volumetric flow rate monitor(s), any flare total sulfur 
analyzer(s), or any pilot or purge gas H2S analyzer(s) is 
exceeded, the written report shall identify:
    (1) Date and time when the range of the volumetric flow monitor(s), 
total sulfur analyzer(s), or H2S analyzer(s) was exceeded; 
and
    (2) The other methods, approved by EPA in the flare monitoring plan 
required by paragraph (h)(5) of this section, used to determine flare 
emissions;
    (F) For all periods that the flare volumetric flow monitor or 
monitors are recording flow, yet any Flare Water Seal Monitoring Device 
indicates there is no flow, the written report shall identify:
    (1) Date, time, and duration when the flare volumetric flow 
monitor(s) recorded flow, yet any Flare Water Seal

[[Page 297]]

Monitoring Device indicated there was no flow;
    (G) For each 3-hour period in which the flare emission limit is 
exceeded, the written report shall identify:
    (1) The date, start time, and end time of the excess emissions;
    (2) Total hours of operation with excess emissions, the hourly 
emissions, and the 3-hour emissions;
    (3) All information regarding reasons for operating with excess 
emissions; and
    (4) Corrective actions taken to mitigate excess emissions;
    (H) The date and time of any noncompliance with the requirements of 
paragraph (d)(3)(i) of this section; and
    (I) When no excess emissions have occurred or the continuous 
monitoring system(s) or manual system(s) have not been inoperative, 
repaired, or adjusted, such information shall be stated in the report.
    (e) ConocoPhillips emission limits and compliance determining 
methods.
    (1) Introduction. The provisions for ConocoPhillips cover the 
following units:
    (i) The main flare, which consists of two flares--the north flare 
and the south flare--that are operated on alternating schedules. These 
flares are referred to herein as the north main flare and south main 
flare, or generically as the main flare.
    (ii) The Jupiter Sulfur SRU flare, which is the flare at Jupiter 
Sulfur, ConocoPhillips' sulfur recovery unit.
    (2) Flare requirements.
    (i) Emission limits.
    (A) Combined emissions of SO2 from the main flare (which 
can be emitted from either the north or south main flare, but not both 
at the same time) shall not exceed 150.0 pounds per 3-hour period.
    (B) Emissions of SO2 from the Jupiter Sulfur SRU flare 
and the Jupiter Sulfur SRU/ATS stack (also referred to as the Jupiter 
Sulfur SRU stack) shall not exceed 75.0 pounds per 3-hour period, 600.0 
pounds per calendar day, and 219,000 pounds per calendar year.
    (ii) Compliance determining method.
    (A) Compliance with the emission limit in paragraph (e)(2)(i)(A) of 
this section shall be determined in accordance with paragraph (h) of 
this section. In the event that a single monitoring location cannot be 
used for both the north and south main flare, ConocoPhillips shall 
monitor the flow and measure the total sulfur concentration at more than 
one location in order to determine compliance with the main flare 
emission limit. ConocoPhillips shall log and report any instances when 
emissions are vented from the north main flare and south main flare 
simultaneously.
    (B) Compliance with the emission limits and requirements in 
paragraph (e)(2)(i)(B) of this section shall be determined by summing 
the emissions from the Jupiter Sulfur SRU flare and SRU/ATS stack. 
Emissions from the Jupiter Sulfur SRU flare shall be determined in 
accordance with paragraph (h) of this section and the emissions from the 
Jupiter Sulfur SRU/ATS stack shall be determined pursuant to 
ConocoPhillips' 1998 exhibit (see section 4(A) of the exhibit).
    (3) Data reporting requirements.
    (i) ConocoPhillips shall submit quarterly reports on a calendar year 
basis, beginning with the first calendar quarter following May 21, 2008. 
The quarterly reports shall be submitted within 30 days of the end of 
each calendar quarter. The quarterly reports shall be submitted to EPA 
at the following address: Air Program Contact, EPA Montana Operations 
Office, Federal Building, 10 West 15th Street, Suite 3200, Helena, MT 
59626.
    The quarterly report shall be certified for accuracy in writing by a 
responsible ConocoPhillips official. The quarterly report shall consist 
of both a comprehensive electronic-magnetic report and a written hard 
copy data summary report.
    (ii) The electronic report shall be on magnetic or optical media, 
and such submittal shall follow the reporting format of electronic data 
being submitted to the MDEQ. EPA may modify the reporting format 
delineated in this section, and, thereafter, ConocoPhillips shall follow 
the revised format. In addition to submitting the electronic quarterly 
reports to EPA, ConocoPhillips shall also record, organize, and archive 
for at least five (5) years the same data, and upon request by EPA, 
ConocoPhillips shall provide

[[Page 298]]

EPA with any data archived in accordance with this provision. The 
electronic report shall contain the following:
    (A) Hourly average total sulfur concentrations as H2S or 
SO2 in ppm in the gas stream to the ConocoPhillips main flare 
and Jupiter Sulfur SRU flare;
    (B) Hourly average H2S concentrations of the 
ConocoPhillips main flare and Jupiter Sulfur SRU flare pilot and purge 
gases in ppm;
    (C) Hourly average volumetric flow rates in SCFH of the gas streams 
to the ConocoPhillips main flare and Jupiter Sulfur SRU flare;
    (D) Hourly average volumetric flow rates in SCFH of the 
ConocoPhillips main flare and Jupiter Sulfur SRU flare pilot and purge 
gases;
    (E) Hourly average temperature (in [deg]F) and pressure (in mm or 
inches of Hg) of the gas streams to the ConocoPhillips main flare and 
Jupiter Sulfur SRU flare;
    (F) Hourly emissions in pounds per clock hour from the 
ConocoPhillips main flare and Jupiter Sulfur SRU flare; and
    (G) Daily calibration data for all flare, pilot gas, and purge gas 
CEMS.
    (iii) The quarterly written report shall contain the following 
information:
    (A) The 3-hour emissions in pounds per 3-hour period from the 
ConocoPhillips main flare and the sum of the combined 3-hour emissions 
from the Jupiter Sulfur SRU/ATS stack and Jupiter Sulfur SRU flare in 
pounds per 3-hour period;
    (B) Periods in which only natural gas or an inert gas was used as 
flare pilot gas or purge gas or both;
    (C) The results of all quarterly Cylinder Gas Audits (CGA), Relative 
Accuracy Audits (RAA), and annual Relative Accuracy Test Audits (RATA) 
for all total sulfur analyzer(s) and H2S analyzer(s), and the 
results of all annual calibrations and verifications for the volumetric 
flow, temperature, and pressure monitors;
    (D) For all periods of flare volumetric flow rate monitoring system 
or total sulfur analyzer system downtime, flare pilot gas or purge gas 
volumetric flow or H2S analyzer system downtime, or failure 
to obtain or analyze a grab or integrated sample, the written report 
shall identify:
    (1) Dates and times of downtime or failure;
    (2) Reasons for downtime or failure;
    (3) Corrective actions taken to mitigate downtime or failure; and
    (4) The other methods, approved by EPA in the flare monitoring plan 
required by paragraph (h)(5) of this section, used to determine flare 
emissions;
    (E) For all periods that the range of the flare or any pilot or 
purge gas volumetric flow rate monitor(s), any flare total sulfur 
analyzer(s), or any pilot or purge gas H2S analyzer(s) is 
exceeded, the written report shall identify:
    (1) Date and time when the range of the volumetric flow monitor(s), 
total sulfur analyzer(s), or H2S analyzer(s) was exceeded, 
and
    (2) The other methods, approved by EPA in the flare monitoring plan 
required by paragraph (h)(5) of this section, used to determine flare 
emissions;
    (F) For all periods that the flare volumetric flow monitor or 
monitors are recording flow, yet any Flare Water Seal Monitoring Device 
indicates there is no flow, the written report shall identify:
    (1) Date, time, and duration when the flare volumetric flow 
monitor(s) recorded flow, yet any Flare Water Seal Monitoring Device 
indicated there was no flow;
    (G) Identification of dates, times, and duration of any instances 
when emissions were vented from the north and south main flares 
simultaneously;
    (H) For each 3-hour period in which a flare emission limit is 
exceeded, the written report shall identify:
    (1) The date, start time, and end time of the excess emissions;
    (2) Total hours of operation with excess emissions, the hourly 
emissions, and the 3-hour emissions;
    (3) All information regarding reasons for operating with excess 
emissions; and
    (4) Corrective actions taken to mitigate excess emissions; and
    (I) When no excess emissions have occurred or the continuous 
monitoring system(s) or manual system(s) have not been inoperative, 
repaired, or adjusted, such information shall be stated in the report.

[[Page 299]]

    (f) ExxonMobil emission limits and compliance determining methods.
    (1) Introduction. The provisions for ExxonMobil cover the following 
units:
    (i) The Primary process flare and the Turnaround flare. The Primary 
process flare is the flare normally used by ExxonMobil. The Turnaround 
flare is the flare ExxonMobil uses for about 30 to 40 days every 5 to 6 
years when the facility's major SO2 source, the fluid 
catalytic cracking unit, is not normally operating.
    (ii) The following refinery fuel gas combustion units: The FCC CO 
Boiler, F-2 crude/vacuum heater, F-3 unit, F-3X unit, F-5 unit, F-700 
unit, F-201 unit, F-202 unit, F-402 unit, F-551 unit, F-651 unit, 
standby boiler house (B-8 boiler), and Coker CO Boiler (only when the 
Yellowstone Energy Limited Partnership (YELP) facility is receiving 
ExxonMobil Coker unit flue gas or whenever the ExxonMobil Coker is not 
operating).
    (iii) Coker CO Boiler stack.
    (2) Flare requirements.
    (i) Emission limit. The total combined emissions of SO2 
from the Primary process and Turnaround refinery flares shall not exceed 
150.0 pounds per 3-hour period.
    (ii) Compliance determining method. Compliance with the emission 
limit in paragraph (f)(2)(i) of this section shall be determined in 
accordance with paragraph (h) of this section. If volumetric flow 
monitoring device(s) installed and concentration monitoring methods used 
to measure the gas stream to the Primary Process flare cannot measure 
the gas stream to the Turnaround flare, ExxonMobil may apply to EPA for 
alternative measures to determine the volumetric flow rate and total 
sulfur concentration of the gas stream to the Turnaround flare. Before 
EPA will approve such alternative measures, ExxonMobil must agree that 
the Turnaround flare will be used only during refinery turnarounds of 
limited duration and frequency--no more than 60 days once every five (5) 
years--which restriction shall be considered an enforceable part of this 
FIP. Such alternative measures may consist of reliable flow estimation 
parameters to estimate volumetric flow rate and manual sampling of the 
gas stream to the flare to determine total sulfur concentrations, or 
such other measures that EPA finds will provide accurate estimations of 
SO2 emissions from the Turnaround flare.
    (3) Refinery fuel gas combustion requirements.
    (i) Emission limits. The applicable emission limits are contained in 
section 3(A)(1) of ExxonMobil's 2000 exhibit and section 3(B)(2) of 
ExxonMobil's 1998 exhibit.
    (ii) Compliance determining method. For the limits referenced in 
paragraph (f)(3)(i) of this section, the compliance determining methods 
specified in section 4(B) of ExxonMobil's 1998 exhibit shall be followed 
except when the H2S concentration in the refinery fuel gas 
stream exceeds 1200 ppmv as measured by the H2S CEMS required 
by section 6(B)(3) of ExxonMobil's 1998 exhibit (the H2S 
CEMS.) When such value is exceeded, the following compliance monitoring 
method shall be employed:
    (A) ExxonMobil shall measure the H2S concentration in the 
refinery fuel gas according to the procedures in paragraph (f)(3)(ii)(B) 
of this section and calculate the emissions according to the equations 
in paragraph (f)(3)(ii)(C) of this section.
    (B) Within four (4) hours after the H2S CEMS measures an 
H2S concentration in the refinery fuel gas stream greater 
than 1200 ppmv, ExxonMobil shall initiate sampling of the refinery fuel 
gas stream at the fuel header on a once-per-hour frequency using length-
of-stain detector tubes pursuant to ASTM Method D4810-06, ``Standard 
Test Method for Hydrogen Sulfide in Natural Gas Using Length-of-Stain 
Detector Tubes'' (incorporated by reference, see paragraph (j) of this 
section) with the appropriate sample tube range. If the results exceed 
the tube's range, another tube of a higher range must be used until 
results are in the tube's range. ExxonMobil shall continue to use the 
length-of-stain detector tube method at this frequency until the 
H2S CEMS measures an H2S concentration in the 
refinery fuel gas stream equal to or less than 1200 ppmv continuously 
over a 3-hour period.
    (C) When the length-of-stain detector tube method is required, 
SO2 emissions from refinery fuel gas combustion shall

[[Page 300]]

be calculated as follows: the Hourly emissions shall be calculated using 
equation 1, 3-hour emissions shall be calculated using equation 2, and 
the Daily emissions shall be calculated using equation 3.

Equation 1: EH = K * CH * QH

Where:

EH = Refinery fuel gas combustion hourly emissions in pounds 
per hour, rounded to the nearest tenth of a pound;
K= 1.688 x 10-\7\ in (pounds/standard cubic feet (SCF))/parts 
per million (ppm);
CH = Hourly refinery fuel gas H2S concentration in 
ppm determined by the length-of-stain detector tube method as required 
by paragraph (f)(3)(ii)(B) of this section; and
QH = actual fuel gas firing rate in standard cubic feet per 
hour (SCFH), as measured by the monitor required by section 6(B)(8) of 
ExxonMobil's 1998 exhibit.

Equation 2: (Refinery fuel gas combustion 3-hour emissions) = [Sigma] 
    (Hourly emissions within the 3-hour period as determined by equation 
    1).
Equation 3: (Refinery fuel gas combustion daily emissions) = [Sigma] (3-
    hour emissions within the day as determined by equation 2).

    (4) Coker CO Boiler stack requirements.
    (i) Emission limits. When ExxonMobil's Coker unit is operating and 
Coker unit flue gases are burned in the Coker CO Boiler, the applicable 
emission limits are contained in section 3(B)(1) of ExxonMobil's 2000 
exhibit.
    (ii) Compliance determining method.
    (A) Compliance with the emission limits referenced in paragraph 
(f)(4)(i) of this section shall be determined by measuring the 
SO2 concentration and flow rate in the Coker CO Boiler stack 
according to the procedures in paragraphs (f)(4)(ii)(B) and (C) of this 
section and calculating emissions according to the equations in 
paragraph (f)(4)(ii)(D) of this section.
    (B) Beginning on May 21, 2008, ExxonMobil shall operate and maintain 
a CEMS to measure sulfur dioxide concentrations in the Coker CO Boiler 
stack. Whenever ExxonMobil's Coker unit is operating and Coker unit flue 
gases are exhausted through the Coker CO Boiler stack, the CEMS shall be 
operational and shall achieve a temporal sampling resolution of at least 
one (1) concentration measurement per minute, meet the requirements 
expressed in the definition of ``hourly average'' in paragraph (c)(14) 
of this section, and meet the CEMS Performance Specifications contained 
in section 6(C) of ExxonMobil's 1998 exhibit, except that ExxonMobil 
shall perform a Cylinder Gas Audit (CGA) or Relative Accuracy Audit 
(RAA) which meets the requirements of 40 CFR part 60, Appendix F, within 
eight (8) hours of when the Coker unit flue gases begin exhausting 
through the Coker CO Boiler stack. ExxonMobil shall perform an annual 
Relative Accuracy Test Audit (RATA) on the CEMS and notify EPA in 
writing of each annual RATA a minimum of 25 working days prior to actual 
testing.
    (C) Beginning on May 21, 2008, ExxonMobil shall operate and maintain 
a continuous stack flow rate monitor to measure the stack gas flow rates 
in the Coker CO Boiler stack. Whenever ExxonMobil's Coker unit is 
operating and Coker unit flue gases are exhausted through the Coker CO 
Boiler stack, this CEMS shall be operational and shall achieve a 
temporal sampling resolution of at least one (1) flow rate measurement 
per minute, meet the requirements expressed in the definition of 
``hourly average'' in paragraph (c)(14) of this section, and meet the 
Stack Gas Flow Rate Monitor Performance Specifications of section 6(D) 
of ExxonMobil's 1998 exhibit, except that ExxonMobil shall perform an 
annual Relative Accuracy Test Audit (RATA) on the CEMS and notify EPA in 
writing of each annual RATA a minimum of 25 working days prior to actual 
testing.
    (D) SO2 emissions from the Coker CO Boiler stack shall be 
determined in accordance with the equations in sections 2(A)(1), (8), 
(11)(a), and (16) of ExxonMobil's 1998 exhibit.
    (5) Data reporting requirements.
    (i) ExxonMobil shall submit quarterly reports beginning with the 
first calendar quarter following May 21, 2008. The quarterly reports 
shall be submitted within 30 days of the end of each calendar quarter. 
The quarterly reports shall be submitted to EPA at the following 
address: Air Program Contact, EPA Montana Operations Office, Federal 
Building, 10 West 15th Street, Suite 3200, Helena, MT 59626.

[[Page 301]]

    The quarterly report shall be certified for accuracy in writing by a 
responsible ExxonMobil official. The quarterly report shall consist of 
both a comprehensive electronic-magnetic report and a written hard copy 
data summary report.
    (ii) The electronic report shall be on magnetic or optical media, 
and such submittal shall follow the reporting format of electronic data 
being submitted to the MDEQ. EPA may modify the reporting format 
delineated in this section, and, thereafter, ExxonMobil shall follow the 
revised format. In addition to submitting the electronic quarterly 
reports to EPA, ExxonMobil shall also record, organize, and archive for 
at least five (5) years the same data, and upon request by EPA, 
ExxonMobil shall provide EPA with any data archived in accordance with 
this provision. The electronic report shall contain the following:
    (A) Hourly average total sulfur concentrations as H2S or 
SO2 in ppm in the gas stream to the flare(s);
    (B) Hourly average H2S concentrations of the flare pilot 
and purge gases in ppm;
    (C) Hourly average SO2 concentrations in ppm from the 
Coker CO Boiler stack;
    (D) Hourly average volumetric flow rates in SCFH of the flare pilot 
and purge gases;
    (E) Hourly average volumetric flow rates in SCFH in the gas stream 
to the flare(s) and in the Coker CO Boiler stack;
    (F) Hourly average H2S concentrations in ppm from the 
refinery fuel gas system;
    (G) Hourly average refinery fuel gas combustion units' actual fuel 
firing rate in SCFH;
    (H) Hourly average temperature (in [deg]F) and pressure (in mm or 
inches of Hg) of the gas stream to the flare(s);
    (I) Hourly emissions in pounds per clock hour from the flare(s), 
Coker CO Boiler stack, and refinery fuel gas combustion system; and
    (J) Daily calibration data for the CEMS described in paragraphs 
(f)(2)(ii), (f)(3)(ii) and (f)(4)(ii) of this section.
    (iii) The quarterly written report shall contain the following 
information:
    (A) The 3-hour emissions in pounds per 3-hour period from the 
flare(s), Coker CO Boiler stack, and refinery fuel gas combustion 
system;
    (B) Periods in which only natural gas or an inert gas was used as 
flare pilot gas or purge gas or both;
    (C) Daily emissions in pounds per calendar day from the Coker CO 
Boiler stack and refinery fuel gas combustion system;
    (D) The results of all quarterly or other Cylinder Gas Audits (CGA), 
Relative Accuracy Audits (RAA), and annual Relative Accuracy Test Audits 
(RATA) for the CEMS described in paragraphs (f)(2)(ii) (flare total 
sulfur analyzer(s); pilot gas or purge gas H2S analyzer(s)), 
(f)(3)(ii), and (f)(4)(ii) of this section, and the results of all 
annual calibrations and verifications for the volumetric flow, 
temperature, and pressure monitors;
    (E) For all periods of flare volumetric flow rate monitoring system 
or total sulfur analyzer system downtime, Coker CO Boiler stack CEMS 
downtime, refinery fuel gas combustion system CEMS downtime, flare pilot 
gas or purge gas volumetric flow or H2S analyzer system 
downtime, or failure to obtain or analyze a grab or integrated sample, 
the written report shall identify:
    (1) Dates and times of downtime or failure;
    (2) Reasons for downtime or failure;
    (3) Corrective actions taken to mitigate downtime or failure; and
    (4) The other methods, approved by EPA in the flare monitoring plan 
required by paragraph (h)(5) of this section, used to determine flare 
emissions;
    (F) For all periods that the range of the flare or any pilot or 
purge gas volumetric flow rate monitor(s), any flare total sulfur 
analyzer(s), or any pilot or purge gas H2S analyzer(s) is 
exceeded, the written report shall identify:
    (1) Date and time when the range of the volumetric flow monitor(s), 
total sulfur analyzer(s), or H2S analyzer(s) was exceeded, 
and
    (2) The other methods, approved by EPA in the flare monitoring plan 
required by paragraph (h)(5) of this section, used to determine flare 
emissions;

[[Page 302]]

    (G) For all periods that the range of the refinery fuel gas CEMS is 
exceeded, the written report shall identify:
    (1) Date, time, and duration when the range of the refinery fuel gas 
CEMS was exceeded;
    (H) For all periods that the flare volumetric flow monitor or 
monitors are recording flow, yet any Flare Water Seal Monitoring Device 
indicates there is no flow, the written report shall identify:
    (1) Date, time, and duration when the flare volumetric flow 
monitor(s) recorded flow, yet any Flare Water Seal Monitoring Device 
indicated there was no flow;
    (I) For each 3-hour period and calendar day in which the flare 
emission limits, the Coker CO Boiler stack emission limits, or the fuel 
gas combustion system emission limits are exceeded, the written report 
shall identify:
    (1) The date, start time, and end time of the excess emissions;
    (2) Total hours of operation with excess emissions, the hourly 
emissions, the 3-hour emissions, and the daily emissions;
    (3) All information regarding reasons for operating with excess 
emissions; and
    (4) Corrective actions taken to mitigate excess emissions; and
    (J) When no excess emissions have occurred or the continuous 
monitoring system(s) or manual system(s) have not been inoperative, 
repaired, or adjusted, such information shall be stated in the report.
    (g) Montana Sulphur & Chemical Company (MSCC) emission limits and 
compliance determining methods.
    (1) Introduction. The provisions for MSCC cover the following units:
    (i) The flares, which consist of the 80-foot west flare, 125-foot 
east flare, and 100-meter flare.
    (ii) The SRU 100-meter stack.
    (iii) The auxiliary vent stacks and the units that can exhaust 
through the auxiliary vent stacks, which consist of the Railroad Boiler, 
the H-1 Unit, the H1-A unit, the H1-1 unit and the H1-2 unit.
    (iv) The SRU 30-meter stack and the units that can exhaust through 
the SRU 30-meter stack. The units that can exhaust through the SRU 30-
meter stack are identified in section 3(A)(2)(d) and (e) of MSCC's 1998 
exhibit.
    (2) Flare requirements.
    (i) Emission limit. Total combined emissions of SO2 from 
the 80-foot west flare, 125-foot east flare, and 100-meter flare shall 
not exceed 150.0 pounds per 3-hour period.
    (ii) Compliance determining method. Compliance with the emission 
limit in paragraph (g)(2)(i) of this section shall be determined in 
accordance with paragraph (h) of this section. In the event MSCC cannot 
monitor all three flares from a single location, MSCC shall establish 
multiple monitoring locations.
    (3) SRU 100-meter stack requirements.
    (i) Emission limits. Emissions of SO2 from the SRU 100-
meter stack shall not exceed:
    (A) 2,981.7 pounds per 3-hour period;
    (B) 23,853.6 pounds per calendar day; and
    (C) 9,088,000 pounds per calendar year.
    (ii) Compliance determining method.
    (A) Compliance with the emission limits contained in paragraph 
(g)(3)(i) of this section shall be determined by the CEMS and emission 
testing methods required by sections 6(B)(1) and (2) and section 5, 
respectively, of MSCC's 1998 exhibit.
    (B) MSCC shall notify EPA in writing of each annual source test a 
minimum of 25 working days prior to actual testing.
    (C) The CEMS referenced in paragraph (g)(3)(ii)(A) of this section 
shall achieve a temporal sampling resolution of at least one (1) 
concentration and flow rate measurement per minute, meet the 
requirements expressed in the definition of ``hourly average'' in 
paragraph (c)(14) of this section, and meet the ``CEM Performance 
Specifications'' in sections 6(C) and (D) of MSCC's 1998 exhibit, except 
that MSCC shall also notify EPA in writing of each annual Relative 
Accuracy Test Audit at least 25 working days prior to actual testing.
    (4) Auxiliary vent stacks.
    (i) Emission limits.
    (A) Total combined emissions of SO2 from the auxiliary 
vent stacks shall not exceed 12.0 pounds per 3-hour period;
    (B) Total combined emissions of SO2 from the auxiliary 
vent stacks shall

[[Page 303]]

not exceed 96.0 pounds per calendar day;
    (C) Total combined emissions of SO2 from the auxiliary 
vent stacks shall not exceed 35,040 pounds per calendar year; and
    (D) The H2S concentration in the fuel burned in the 
Railroad Boiler, the H-1 Unit, the H1-A unit, the H1-1 unit, and the H1-
2 unit, while any of these units is exhausting to the auxiliary vent 
stacks, shall not exceed 160 ppm per 3-hour period and 100 ppm per 
calendar day.
    (ii) Compliance determining method.
    (A) Compliance with the emission limits in paragraph (g)(4)(i) of 
this section shall be determined by measuring the H2S 
concentration of the fuel burned in the Railroad Boiler, the H-1 Unit, 
the H1-A unit, the H1-1 unit, and the H1-2 unit (when fuel other than 
natural gas is burned in one or more of these units) according to the 
procedures in paragraph (g)(4)(ii)(C) of this section.
    (B) Beginning June 20, 2008, MSCC shall maintain logs of:
    (1) The dates and time periods that emissions are exhausted through 
the auxiliary vent stacks,
    (2) The heaters and boilers that are exhausting to the auxiliary 
vent stacks during such time periods, and
    (3) The type of fuel burned in the heaters and boilers during such 
time periods.
    (C) Beginning June 20, 2008, MSCC shall measure the H2S 
content of the fuel burned when fuel other than natural gas is burned in 
a heater or boiler that is exhausting to an auxiliary vent stack. MSCC 
shall begin measuring the H2S content of the fuel at the fuel 
header within one (1) hour from when a heater or boiler begins 
exhausting to an auxiliary vent stack and on a once-per-3-hour period 
frequency until no heater or boiler is exhausting to an auxiliary vent 
stack. To determine the H2S content of the fuel burned, MSCC 
shall use length-of-stain detector tubes pursuant to ASTM Method D4810-
06, ``Standard Test Method for Hydrogen Sulfide in Natural Gas Using 
Length-of-Stain Detector Tubes'' (incorporated by reference, see 
paragraph (j) of this section) with the appropriate sample tube range. 
If the results exceed the tube's range, another tube of a higher range 
must be used until results are in the tube's range.
    (5) SRU 30-meter stack.
    (i) Emission limits.
    (A) Emissions of SO2 from the SRU 30-meter stack shall 
not exceed 12.0 pounds per 3-hour period;
    (B) Emissions of SO2 from the SRU 30-meter stack shall 
not exceed 96.0 pounds per calendar day;
    (C) Emissions of SO2 from the SRU 30-meter stack shall 
not exceed 35,040 pounds per calendar year; and
    (D) The H2S concentration in the fuel burned in the 
heaters and boilers described in paragraph (g)(1)(iv) of this section, 
while any of these units is exhausting to the SRU 30-meter stack, shall 
not exceed 160 ppm per 3-hour period and 100 ppm per calendar day.
    (ii) Compliance determining method.
    (A) Compliance with the emission limits in paragraph (g)(5)(i) of 
this section shall be determined by measuring the H2S 
concentration of the fuel burned in the heaters and boilers described in 
paragraph (g)(1)(iv) of this section (when fuel other than natural gas 
is burned in one or more of these heaters or boilers) according to the 
procedures in paragraph (g)(5)(ii)(C) of this section.
    (B) Beginning June 20, 2008, MSCC shall maintain logs of:
    (1) The dates and time periods that emissions are exhausted through 
the SRU 30-meter stack,
    (2) The heaters and boilers that are exhausting to the SRU 30-meter 
stack during such time periods, and
    (3) The type of fuel burned in the heaters and boilers during such 
time periods.
    (C) Beginning June 20, 2008, MSCC shall measure the H2S 
content of the fuel burned when fuel other than natural gas is burned in 
a heater or boiler that is exhausting to the SRU 30-meter stack. MSCC 
shall begin measuring the H2S content of the fuel at the fuel 
header within one (1) hour from when any heater or boiler begins 
exhausting to the SRU 30-meter stack and on a once-per-3-hour period 
frequency until no heater or boiler is exhausting to the SRU 30-meter 
stack. To determine the H2S content of the fuel burned, MSCC 
shall use length-of-stain detector tubes

[[Page 304]]

pursuant to ASTM Method D4810-06, ``Standard Test Method for Hydrogen 
Sulfide in Natural Gas Using Length-of-Stain Detector Tubes'' 
(incorporated by reference, see paragraph (j) of this section) with the 
appropriate sample tube range. If the results exceed the tube's range, 
another tube of a higher range must be used until results are in the 
tube's range.
    (6) Data reporting requirements:
    (i) MSCC shall submit quarterly reports beginning with the first 
calendar quarter following May 21, 2008. The quarterly reports shall be 
submitted within 30 days of the end of each calendar quarter. The 
quarterly reports shall be submitted to EPA at the following address: 
Air Program Contact, EPA Montana Operations Office, Federal Building, 10 
West 15th Street, Suite 3200, Helena, MT 59626.
    The quarterly report shall be certified for accuracy in writing by a 
responsible MSCC official. The quarterly report shall consist of both a 
comprehensive electronic-magnetic report and a written hard copy data 
summary report.
    (ii) The electronic report shall be on magnetic or optical media, 
and such submittal shall follow the reporting format of electronic data 
being submitted to the MDEQ. EPA may modify the reporting format 
delineated in this section, and, thereafter, MSCC shall follow the 
revised format. In addition to submitting the electronic quarterly 
reports to EPA, MSCC shall also record, organize, and archive for at 
least five (5) years the same data, and upon request by EPA, MSCC shall 
provide EPA with any data archived in accordance with this provision. 
The electronic report shall contain the following:
    (A) Hourly average total sulfur concentrations as H2S or 
SO2 in ppm, in the gas stream to the flare(s);
    (B) Hourly average H2S concentrations of the flare pilot 
and purge gases in ppm;
    (C) Hourly average SO2 concentrations in ppm from the SRU 
100-meter stack;
    (D) Hourly average volumetric flow rates in SCFH in the gas stream 
to the flare(s) and in the SRU 100-meter stack;
    (E) Hourly average volumetric flow rates in SCFH of the flare pilot 
and purge gases;
    (F) Hourly average temperature (in (F) and pressure (in mm or inches 
of Hg) in the gas stream to the flare(s);
    (G) Hourly emissions in pounds per clock hour from the flare(s) and 
SRU 100-meter stack;
    (H) Daily calibration data for all flare CEMS, all pilot gas and 
purge gas CEMS, and the SRU 100-meter stack CEMS;
    (iii) The quarterly written report shall contain the following 
information:
    (A) The 3-hour emissions in pounds per 3-hour period from the 
flare(s) and SRU 100-meter stack, and 3-hour H2S 
concentrations in the fuel burned in the heaters and boilers described 
in paragraphs (g)(1)(iii) and (iv) of this section while any of these 
units is exhausting to the SRU 30-meter stack or auxiliary vent stacks 
and burning fuel other than natural gas;
    (B) Periods in which only natural gas or an inert gas was used as 
flare pilot gas or purge gas or both;
    (C) Daily emissions in pounds per calendar day from the SRU 100-
meter stack;
    (D) Annual emissions of SO2 in pounds per calendar year 
from the SRU 100-meter stack;
    (E) The results of all quarterly Cylinder Gas Audits (CGA), Relative 
Accuracy Audits (RAA) and annual Relative Accuracy Test Audits (RATA) 
for all total sulfur analyzer(s), all H2S analyzer(s), and 
the SRU 100-meter stack CEMS, and the results of all annual calibrations 
and verifications for the volumetric flow, temperature, and pressure 
monitors;
    (F) For all periods of flare volumetric flow rate monitoring system 
or total sulfur analyzer system downtime, SRU 100-meter CEMS downtime, 
flare pilot gas or purge gas volumetric flow or H2S analyzer 
system downtime, failure to obtain or analyze a grab or integrated 
sample, or failure to obtain an H2S concentration sample as 
required by paragraphs (g)(4)(ii)(C) and (g)(5)(ii)(C) of this section, 
the written report shall identify:
    (1) Dates and times of downtime or failure;

[[Page 305]]

    (2) Reasons for downtime or failure;
    (3) Corrective actions taken to mitigate downtime or failure; and
    (4) The other methods, approved by EPA in the flare monitoring plan 
required by paragraph (h)(5) of this section, used to determine flare 
emissions;
    (G) For all periods that the range of the flare or any pilot or 
purge gas volumetric flow rate monitor(s), any flare total sulfur 
analyzer(s), or any pilot or purge gas H2S analyzer(s), is 
exceeded, the written report shall identify:
    (1) Date and time when the range of the volumetric flow monitor(s), 
total sulfur analyzer(s), or H2S analyzer(s) was exceeded; 
and
    (2) The other methods, approved by EPA in the flare monitoring plan 
required by paragraph (h)(5) of this section, used to determine flare 
emissions;
    (H) For all periods that the flare volumetric flow monitor or 
monitors are recording flow, yet any Flare Water Seal Monitoring Device 
indicates there is no flow, the written report shall identify:
    (1) Date, time, and duration when the flare volumetric flow 
monitor(s) recorded flow, yet any Flare Water Seal Monitoring Device 
indicated there was no flow;
    (I) For each 3-hour period and calendar day in which the flare 
emission limit, the SRU 100-meter stack emission limits, the SRU 30-
meter stack emission limits, or auxiliary vent stack emission limits are 
exceeded, the written report shall identify:
    (1) The date, start time, and end time of the excess emissions;
    (2) Total hours of operation with excess emissions, the hourly 
emissions, the 3-hour emissions, and the daily emissions;
    (3) All information regarding reasons for operating with excess 
emissions; and
    (4) Corrective actions taken to mitigate excess emissions;
    (J) For instances in which emissions are exhausted through the 
auxiliary vent stacks or 30-meter stack, the quarterly written report 
shall identify:
    (1) The dates and time periods that emissions were exhausted through 
the auxiliary vent stacks or the 30-meter stack;
    (2) The heaters and boilers that were exhausting to the auxiliary 
vent stacks or 30-meter stack during such time periods; and
    (3) The type of fuel burned in the heaters and boilers during such 
time periods; and
    (K) When no excess emissions have occurred or the continuous 
monitoring system(s) or manual system(s) have not been inoperative, 
repaired, or adjusted, such information shall be stated in the report.
    (h) Flare compliance determining method.
    (1) Compliance with the emission limits in paragraphs (d)(2)(i), 
(e)(2)(i), (f)(2)(i) and (g)(2)(i) of this section shall be determined 
by measuring the total sulfur concentration and volumetric flow rate of 
the gas stream to the flare(s) (corrected to one (1) atmosphere pressure 
and 68 [deg]F) and using the methods contained in the flare monitoring 
plan required by paragraph (h)(5) of this section. The volumetric flow 
rate of the gas stream to the flare(s) shall be determined in accordance 
with the requirements in paragraph (h)(2) of this section and the total 
sulfur concentration of the gas stream to the flare(s) shall be 
determined in accordance with paragraph (h)(3) of this section.
    (2) Flare flow monitoring:
    (i) Within 365 days after receiving EPA approval of the flare 
monitoring plan required by paragraph (h)(5) of this section, each 
facility named in paragraph (a) of this section shall install and 
calibrate, and, thereafter, calibrate, maintain and operate, a 
continuous flow monitoring system capable of measuring the volumetric 
flow of the gas stream to the flare(s) in accordance with the 
specifications contained in paragraphs (h)(2)(iii) through (vi) of this 
section. The flow monitoring system shall require more than one flow 
monitoring device or flow measurements at more than one location if one 
monitor cannot measure the total volumetric flow to each flare.
    (ii) Volumetric flow monitors meeting the proposed volumetric flow 
monitoring specifications below should be able to measure the majority 
of volumetric flow in the gas streams to the flare. However, in rare 
events (e.g.,

[[Page 306]]

upset conditions) the flow to the flare may exceed the range of the 
monitor. In such cases, or when the volumetric flow monitor or monitors 
are not working, other methods approved by EPA in the flare monitoring 
plan required by paragraph (h)(5) of this section shall be used to 
determine the volumetric flow rate to the flare, which shall then be 
used to calculate SO2 emissions. In quarterly reports, 
sources shall indicate when these other methods are used.
    (iii) The flare gas stream volumetric flow rate shall be measured on 
an actual wet basis, converted to Standard Conditions, and reported in 
SCFH. The minimum detectable velocity of the flow monitoring device(s) 
shall be 0.1 feet per second (fps). The flow monitoring device(s) shall 
continuously measure the range of flow rates corresponding to velocities 
from 0.5 to 275 fps and have a manufacturer's specified accuracy of 
5% of the measured flow over the range of 1.0 to 
275 fps and 20% of the measured flow over the 
range of 0.1 to 1.0 fps. The volumetric flow monitor(s) shall feature 
automated daily calibrations at low and high ranges. The volumetric flow 
monitor(s) shall be calibrated annually according to manufacturer's 
specifications.
    (iv) For correcting flow rate to standard conditions (defined as 68 
[deg]F and 760 mm, or 29.92 inches, of Hg), temperature and pressure 
shall be monitored continuously. Temperature and pressure shall be 
monitored in the same location as volumetric flow, and the temperature 
and pressure monitors shall be calibrated prior to installation 
according to manufacturer's specifications and, thereafter, annually to 
meet accuracy specifications as follows: The temperature monitor shall 
be calibrated to within  2.0% at absolute 
temperature and the pressure monitor shall be calibrated to within 
 5.0 mmHg;
    (v) The flow monitoring device(s) shall be calibrated prior to 
installation to demonstrate accuracy of the measured flow to within 5.0% 
at flow rates equivalent to 30%, 60%, and 90% of monitor full scale.
    (vi) Each volumetric flow device shall achieve a temporal sampling 
resolution of at least one (1) flow rate measurement per minute, meet 
the requirements expressed in the definition of ``hourly average'' in 
paragraph (c)(14) of this section, and be installed in a manner and at a 
location that will allow for accurate measurements of the total volume 
of the gas stream going to each flare. Each temperature and pressure 
monitoring device shall achieve a temporal sampling resolution of at 
least one (1) measurement per minute, meet the requirements expressed in 
the definition of ``hourly average'' in paragraph (c)(14) of this 
section, and be installed in a manner that will allow for accurate 
measurements.
    (vii) In addition to the continuous flow monitors, facilities may 
use flare water seal monitoring devices to determine whether there is 
flow going to the flare. If used, owners or operators shall install, 
calibrate, operate, and maintain these devices according to 
manufacturer's specifications. The devices shall include a continuous 
monitoring system that:
    (A) Monitors the status of the water seal to indicate when flow is 
going to the flare;
    (B) Automatically records the time and duration when flow is going 
to the flare; and
    (C) Verifies that the physical seal has been restored after flow has 
been sent to the flare.
    If the water seal monitoring devices indicate that there is no flow 
going to the flare, yet the continuous flow monitor is indicating flow, 
the presumption will be that no flow is going to the flare.
    (viii) Each facility named in paragraph (a) of this section, that 
does not certify that only natural gas or an inert gas is used for both 
the pilot gas and purge gas, shall determine the volumetric flow of each 
pilot gas and purge gas stream for which natural gas or inert gas is not 
used by one of the following methods:
    (A) Measure the volumetric flow of the gas using continuous flow 
monitoring devices on an actual wet basis, converted to Standard 
Conditions, and reported in SCFH. Each flow monitoring device shall 
achieve a temporal sampling resolution of at least one (1) flow rate 
measurement per minute, meet the requirements expressed in the

[[Page 307]]

definition of ``hourly average'' in paragraph (c)(14) of this section, 
and be installed in a manner and at a location that will allow for 
accurate measurements of the total volume of the gas. Gas flow rate 
monitor accuracy determinations shall be required at least once every 48 
months or more frequently at routine refinery turn-around. In cases when 
the flow monitoring device or devices are not working or the range of 
the monitoring device(s) is exceeded, other methods approved by EPA in 
the flare monitoring plan required by paragraph (h)(5) of this section 
shall be used to determine volumetric flow of the gas which shall then 
be used to calculate SO2 emissions. In quarterly reports, 
sources shall indicate when other methods are used; or
    (B) Use parameters and methods approved by EPA in the flare 
monitoring plan required by paragraph (h)(5) of this section to 
calculate the volumetric flows of the gas, in SCFH.
    (3) Flare concentration monitoring:
    (i) Within 365 days after receiving EPA approval of the flare 
monitoring plan required by paragraph (h)(5) of this section, each 
facility named in paragraph (a) of this section shall determine the 
total sulfur concentration of the gas stream to the flare(s) using 
either continuous total sulfur analyzers or grab or integrated sampling 
with lab analysis, as described in the following paragraphs:
    (A) Continuous total sulfur concentration monitoring. If a facility 
chooses to use continuous total sulfur concentration monitoring, the 
following requirements apply:
    (1 ) The facility shall install and calibrate, and, thereafter, 
calibrate, maintain and operate, a continuous total sulfur concentration 
monitoring system capable of measuring the total sulfur concentration of 
the gas stream to each flare. Continuous monitoring shall occur at a 
location or locations that are representative of the gas combusted in 
the flare and be capable of measuring the normally expected range of 
total sulfur in the gas stream to the flare. The concentration 
monitoring system shall require more than one concentration monitoring 
device or concentration measurements at more than one location if one 
monitor cannot measure the total sulfur concentration to each flare. 
Total sulfur concentration shall be reported as H2S or 
SO2 in ppm. In cases when the total sulfur analyzer or 
analyzers are not working or the concentration of the total sulfur 
exceeds the range of the analyzer(s), other methods, approved by EPA in 
the flare monitoring plan required by paragraph (h)(5) of this section, 
shall be used to determine total sulfur concentrations, which shall then 
be used to calculate SO2 emissions. In quarterly reports, 
sources shall indicate when these other methods are used.
    (2 ) The total sulfur analyzer(s) shall achieve a temporal sampling 
resolution of at least one (1) concentration measurement per 15 minutes, 
meet the requirements expressed in the definition of ``hourly average'' 
in paragraph (c)(14) of this section, be installed, certified (on a 
concentration basis), and operated in accordance with 40 CFR part 60, 
Appendix B, Performance Specification 5, and be subject to and meet the 
quality assurance and quality control requirements (on a concentration 
basis) of 40 CFR part 60, Appendix F.
    (3) Each affected facility named in paragraph (a) of this section 
shall notify the Air Program Contact at EPA's Montana Operations Office, 
Federal Building, 10 West 15th Street, Suite 3200, Helena, MT 59626, in 
writing of each Relative Accuracy Test Audit a minimum of 25 working 
days prior to the actual testing.
    (B) Grab or integrated total sulfur concentration monitoring: If a 
facility chooses grab or integrated sampling instead of continuous total 
sulfur concentration monitoring, the facility shall comply with the 
methods specified in either paragraph (h)(3)(i)(B)(1) (``Grab 
Sampling'') or (h)(3)(B)(i)(B)(2 ) (``Integrated Sampling''), and the 
requirements of paragraphs (h)(3)(i)(B)(3) (``Sample Analysis''), 
(h)(3)(i)(B)(4) (``Exemptions''), and (h)(3)(i)(B)(5) (``Missing or 
Unanalyzed Sample'') of this section, as follows:
    (1) Grab Sampling. Each facility that chooses to use grab sampling 
shall meet the following requirements: if the flow rate of the gas 
stream to the flare in any consecutive 15-minute period

[[Page 308]]

continuously exceeds 0.5 feet per second (fps) and the water seal 
monitoring device, if any, indicates that flow is going to the flare, a 
grab sample shall be collected within 15 minutes. The grab sample shall 
be collected at a location that is representative of the gas combusted 
in the flare. Thereafter, the sampling frequency shall be one (1) grab 
sample every three (3) hours, which shall continue until the velocity of 
the gas stream going to the flare in any consecutive 15-minute period is 
continuously 0.5 fps or less. Samples shall be analyzed according to 
paragraph (h)(3)(i)(B)(3) of this section. The requirements of this 
paragraph (h)(3)(i)(B)(1) shall apply to each flare at a facility for 
which the sampling threshold is exceeded.
    (2) Integrated Sampling. Each facility that chooses to use 
integrated sampling shall meet the following requirements: if the flow 
rate of the gas stream to the flare in any consecutive 15-minute period 
continuously exceeds 0.5 feet per second (fps) and the water seal 
monitoring device, if any, indicates that flow is going to the flare, a 
sample shall be collected within 15 minutes. The sample shall be 
collected at a location that is representative of the gas combusted in 
the flare. The sampling frequency, thereafter, shall be a minimum of one 
(1) aliquot for each 15-minute period until the sample container is 
full, or until the end of a 3-hour period is reached, whichever comes 
sooner. Within 30 minutes thereafter, a new sample container shall be 
placed in service, and sampling on this frequency, and in this manner, 
shall continue until the velocity of the gas stream going to the flare 
in any consecutive 15-minute period is continuously 0.5 fps or less. 
Samples shall be analyzed according to paragraph (h)(3)(i)(B)(3) of this 
section. The requirements of this paragraph (h)(3)(i)(B)(2) shall apply 
to each flare at a facility for which the sampling threshold is 
exceeded.
    (3) Samples shall be analyzed using ASTM Method D4468-85 (Reapproved 
2000) ``Standard Test Method for Total Sulfur in Gaseous Fuels by 
Hydrogenolysis and Rateometric Colorimetry,'' (incorporated by 
reference, see paragraph (j) of this section) ASTM Method D5504-01 
(Reapproved 2006) ``Standard Test Method for Determination of Sulfur 
Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and 
Chemiluminescence,'' (incorporated by reference, see paragraph (j) of 
this section) or 40 CFR part 60, Appendix A-5, Method 15A 
``Determination of Total Reduced Sulfur Emissions From the Sulfur 
Recovery Plants in Petroleum Refineries.'' Total sulfur concentration 
shall be reported as H2S or SO2 in ppm.
    (4) Exemptions. For facilities using a sampling method specified in 
either paragraph (h)(3)(i)(B)(1) (``Grab Sampling'') or (h)(3)(i)(B)(2) 
(``Integrated Sampling'') of this section, obtaining a sample is not 
required if flaring is a result of a catastrophic or other unusual 
event, including a major fire or an explosion at the facility, such that 
collecting a sample at the EPA-approved location during the relevant 
period is infeasible or constitutes a safety hazard, provided that the 
owner or operator shall collect a sample at an alternative location if 
feasible, safe, and representative of the flaring event. The owner or 
operator shall demonstrate to EPA that it was infeasible or unsafe to 
collect a sample or to collect a sample at the sampling location 
approved by EPA in the flare monitoring plan required by paragraph 
(h)(5) of this section. The owner or operator shall also demonstrate to 
EPA that any sample collected at an alternative location is 
representative of the flaring incident. If a facility experiences 
ongoing difficulties collecting grab or integrated samples in accordance 
with its flare monitoring plan approved by EPA pursuant to paragraph 
(h)(5) of this section, EPA may require the facility to revise its flare 
monitoring plan and use continuous total sulfur concentration monitoring 
as described in paragraph (h)(3)(i)(A) of this section or other reliable 
method to determine total sulfur concentrations of the gas stream to the 
flare.
    (5) Missing or Unanalyzed Samples. For facilities using a sampling 
method specified in either paragraph (h)(3)(i)(B)(1) (``Grab Sampling'') 
or (h)(3)(i)(B)(2) (``Integrated Sampling'') of this section, if a 
required sample is

[[Page 309]]

not obtained or analyzed for any reason, other methods approved by EPA 
in the flare monitoring plan required by paragraph (h)(5) of this 
section shall be used to determine total sulfur concentrations, which 
shall then be used to calculate SO2 emissions. In quarterly 
reports, sources shall indicate when these other methods are used.
    (6) Reporting. For facilities using a sampling method specified in 
either paragraph (h)(3)(i)(B)(1 ) (``Grab Sampling'') or (h)(3)(i)(B)(2 
) (``Integrated Sampling'') of this section, since normally only one (1) 
sample per flare will be analyzed for a 3-hour period, the total sulfur 
concentration of a sample obtained during a given 3-hour period shall be 
substituted for each hour of such 3-hour period. If integrated sampling 
for a flare produces more than one (1) sample container during a 3-hour 
period, and the gas in each container is analyzed separately, the 
concentrations for the containers shall be averaged. For that flare, the 
resulting average shall be substituted for each hour of the 3-hour 
period during which the sampling occurred. The substituted hourly total 
sulfur concentrations determined per this paragraph shall be used to 
determine hourly emissions from the flare.
    (ii) Each facility named in paragraph (a) of this section that does 
not certify that only natural gas or an inert gas is used for both the 
pilot gas and purge gas shall determine the H2S concentration 
of each pilot gas and purge gas stream for which natural gas or inert 
gas is not used by one of the following methods:
    (A) Measure the H2S concentration of the gas by 
continuous H2S analyzer. The H2S concentration 
analyzer(s) shall achieve a temporal sampling resolution of at least one 
(1) concentration measurement per three (3) minutes, meet the 
requirements expressed in the definition of ``hourly average'' in 
paragraph (c)(14) of this section, be installed, certified (on a 
concentration basis), and operated in accordance with 40 CFR part 60, 
Appendix B, Performance Specification 2, and be subject to and meet the 
quality assurance and quality control requirements (on a concentration 
basis) of 40 CFR part 60, Appendix F. In cases where the H2S 
analyzer or analyzers are not working or the H2S 
concentration exceeds the range of the analyzer(s), other methods 
approved by EPA in the flare monitoring plan required by paragraph 
(h)(5) of this section shall be used to determine the H2S 
concentration of the gas, which shall then be used to calculate 
SO2 emissions. In quarterly reports, sources shall indicate 
when other methods are used; or
    (B) Use methods approved by EPA as part of the facility's flare 
monitoring plan required by paragraph (h)(5) of this section to estimate 
the H2S concentration of the gas.
    (4) Calculation of SO2 emissions from flares. Methods for 
calculating hourly and 3-hour SO2 emissions from flares shall 
be submitted to EPA as part of the flare monitoring plan required by 
paragraph (h)(5) of this section. Following approval by EPA, such 
methods shall be followed for calculating hourly and 3-hour 
SO2 emissions from a facility's flare(s).
    (5) By October 20, 2008, each facility named in paragraph (a) of 
this section shall submit a flare monitoring plan. Each flare monitoring 
plan shall include, at a minimum, the following:
    (i) A facility plot plan showing the location of each flare in 
relation to the general plant layout;
    (ii) Drawing(s) with dimensions, preferably to scale, and an as-
built process flow diagram of the flare(s) identifying major components, 
such as flare header, flare stack, flare tip(s) or burner(s), purge gas 
system, pilot gas system, water seal, knockout drum, and molecular seal;
    (iii) A representative flow diagram showing the interconnections of 
the flare system(s) with vapor recovery system(s), process units, and 
other equipment as applicable;
    (iv) A complete description of the gas flaring process for an 
integrated gas flaring system that describes the method of operation of 
the flares;
    (v) A complete description of the vapor recovery system(s) which 
have interconnection to a flare, such as compressor description(s); 
design capacities of each compressor and the vapor recovery system; and 
the method currently used to determine and record the amount of vapors 
recovered;

[[Page 310]]

    (vi) A complete description of the proposed method to monitor, 
determine, and record the total volume and total sulfur concentration of 
gases combusted in the flare, including drawing(s) with dimensions, 
preferably to scale, showing the following information for the proposed 
flare gas stream monitoring systems:
    (A) The locations to be used for all monitoring and sampling, 
including, but not limited to: Flare flow monitors, total sulfur 
analyzers, concentration integrated sampling, concentration grab 
sampling, water seal monitoring devices, pilot and purge gas flow 
monitors, and pilot and purge gas concentration monitors;
    (vii) A description of the method(s) used to determine, and 
reasoning behind, all monitoring and sampling locations;
    (viii) The following information regarding pilot gas and purge gas 
for each flare:
    (A) Type(s) of gas used;
    (B) A complete description of the monitor(s) to be used, or the 
other parameters that will be used and monitored, to determine 
volumetric flows of the pilot gas and purge gas streams for which 
natural gas or inert gas is not used; and
    (C) A complete description of the analyzer(s) to be used to 
determine, or other methods that will be used to estimate, the 
H2S concentrations in the pilot gas and purge gas streams for 
which natural gas or inert gas is not used;
    (ix) A detailed description of manufacturer's specifications, 
including, but not limited to, make, model, type, range, precision, 
accuracy, calibration, maintenance, quality assurance procedure, and any 
other relevant specifications and information referenced in paragraphs 
(h)(2) and (3) of this section for all existing and proposed flow 
monitoring devices and total sulfur analyzers;
    (x) The following information if grab or integrated sampling is 
used:
    (A) A complete description of proposed analytical and sampling 
methods if grab or integrated sampling methods will be used for 
determining the total sulfur concentration of the gas stream going to 
the flare;
    (B) A detailed description of manufacturer's specifications, 
including, but not limited to, make, model, type, maintenance, and 
quality assurance procedures for the integrated sampling device, if 
used; and
    (C) A complete description of the proposed method to alert personnel 
designated to collect samples that the trigger for collecting a sample 
has occurred;
    (xi) A complete description of the methods to be used to estimate 
flare emissions when any flare, pilot gas, or purge gas volumetric flow 
monitoring devices, total sulfur analyzers, or grab or integrated 
sampling methods, or pilot gas or purge gas H2S analyzers are 
not working or available, or the operating range of the monitors or 
analyzers is exceeded;
    (xii) A complete description of the proposed data recording, 
collection, and management system and any other relevant specifications 
and information referenced in paragraphs (h)(2) and (3) of this section 
for each flare monitoring system;
    (xiii) The following information for each flare using a water seal 
monitoring device:
    (A) A detailed description of manufacturer's specifications, 
including, but not limited to, make, model, type, maintenance, and 
quality assurance procedures;
    (B) A complete description of the proposed methods to determine that 
the water seal is no longer intact and flow is going to the flare, and 
the data used to establish, and reasoning behind, these methods;
    (xiv) A schedule for the installation and operation of each flare 
monitoring system consistent with the deadline in paragraphs (h)(2) and 
(h)(3) of this section; and
    (xv) A complete description of the methods to be used for 
calculating hourly and 3-hour SO2 emissions from flares.
    (6) Thirty (30) days prior to installing any continuous monitor or 
integrated sampler pursuant to paragraphs (h)(2) and (3) of this 
section, each facility named in paragraph (a) of this section shall 
submit for EPA review a quality assurance/quality control (QA/QC) plan

[[Page 311]]

for each monitor or sampler being installed.
    (i) Affirmative defense provisions for exceedances of flare emission 
limits during malfunctions, startups, and shutdowns.
    (1) In response to an action to enforce the emission limits in 
paragraphs (d)(2)(i), (e)(2)(i), (f)(2)(i), and (g)(2)(i) of this 
section, owners and/or operators of the facilities named in paragraph 
(a) of this section may assert an affirmative defense to a claim for 
civil penalties for exceedances of such limits during periods of 
malfunction, startup, or shutdown. To establish the affirmative defense 
and to be relieved of a civil penalty in any action to enforce such a 
limit, the owner or operator of the facility must meet the notification 
requirements of paragraph (i)(2) of this section in a timely manner and 
prove by a preponderance of evidence that:
    (i) For claims of malfunction:
    (A) The excess emissions were caused by a sudden, unavoidable 
breakdown of equipment, or a sudden, unavoidable failure of a process to 
operate in the normal or usual manner, beyond the control of the owner 
or operator;
    (B) The excess emissions:
    (1) Did not stem from any activity or event that could have been 
foreseen and avoided, or planned for; and
    (2) Could not have been avoided by better operation and maintenance 
practices;
    (C) Repairs were made as expeditiously as possible when the 
applicable emission limitations were being exceeded. Off-shift and 
overtime labor were used, to the extent practicable;
    (D) The amount and duration of the excess emissions (including any 
bypass) were minimized to the maximum extent practicable during periods 
of such emissions;
    (ii) For claims of startup or shutdown:
    (A) All or a portion of the facility was in startup or shutdown 
mode, resulting in the need to route gases to the flare;
    (B) The periods of excess emissions that occurred during startup and 
shutdown were short and infrequent and could not have been prevented 
through careful planning and design or better operation and maintenance 
practices; and
    (C) The frequency and duration of operation in startup or shutdown 
mode were minimized to the maximum extent practicable;
    (iii) For claims of malfunction, startup, or shutdown:
    (A) If the excess emissions resulted from a bypass of control 
equipment or a process, then the bypass was unavoidable to prevent loss 
of life, personal injury, or severe property damage;
    (B) All possible steps were taken to minimize the impact of the 
excess emissions on ambient air quality;
    (C) All emissions monitoring systems were kept in operation if at 
all possible;
    (D) The owner or operator's actions in response to the excess 
emissions were documented by properly signed, contemporaneous operating 
logs;
    (E) The excess emissions were not part of a recurring pattern 
indicative of inadequate design, operation, or maintenance;
    (F) At all times, the facility was operated in a manner consistent 
with good practices for minimizing emissions; and
    (G) During the period of excess emissions, there were no exceedances 
of the SO2 NAAQS that could be attributed to the emitting 
source.
    (2) Notification. The owner or operator of the facility experiencing 
an exceedance of its flare emission limit(s) during startup, shutdown, 
or malfunction shall notify EPA verbally as soon as possible, but no 
later than noon of EPA's next working day, and shall submit written 
notification to EPA within 30 days of the initial occurrence of the 
exceedance. The written notification shall explain whether and how the 
elements set forth in paragraph (i)(1) of this section were met, and 
include all supporting documentation.
    (3) Injunctive relief. The Affirmative Defense Provisions contained 
in paragraph (i)(1) of this section shall not be available to claims for 
injunctive relief.
    (j) Incorporation by reference. (1) The materials listed in this 
paragraph are incorporated by reference in the corresponding paragraphs 
noted. These incorporations by reference are approved by the Director of 
the Federal Register in accordance with 5 U.S.C.

[[Page 312]]

552(a) and 1 CFR part 51. These materials are incorporated as they exist 
on the date of the approval, and notice of any change in these materials 
will be published in the Federal Register. The materials are available 
for purchase at the corresponding address noted below, and all are 
available for inspection at the National Archives and Records 
Administration (NARA) and at the Air Program, EPA, Region 8, 1595 
Wynkoop Street, Denver, CO. For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.
    (2) The following materials are available for purchase from the 
following address: American Society for Testing and Materials (ASTM), 
100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 
19428-2959, www.astm.org, or by calling (610) 832-9585.
    (i) ASTM Method D4468-85 (Reapproved 2000), Standard Test Method for 
Total Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric 
Colorimetry, IBR approved for paragraph (h)(3)(i)(B)(3) of this section.
    (ii) ASTM Method D4810-06, Standard Test Method for Hydrogen Sulfide 
in Natural Gas Using Length-of-Stain Detector Tubes, IBR approved for 
paragraphs (f)(3)(ii)(B), (g)(4)(ii)(C), and (g)(5)(ii)(C) of this 
section.
    (ii) ASTM Method D5504-01 (Reapproved 2006), Standard Test Method 
for Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels 
by Gas Chromatography IBR approved for paragraph (h)(3)(i)(B)(3) of this 
section.

[73 FR 21454, Apr. 21, 2008]



Sec. 52.1393  Interstate Transport Declaration for the 1997 8-hour 
ozone and PM2.5 NAAQS.

    The State of Montana added the Interstate Transport Rule Declaration 
to the State SIP, State of Montana Air Quality Control Implementation 
Plan, Volume I, Chapter 9, to satisfy the requirements of Clean Air Act 
Section 110(a)(2)(D)(i) for the 8-hour ozone and PM2.5 NAAQS 
promulgated in July 1997. The Montana Interstate Transport Rule 
Declaration, adopted and effective on the same date of February 12, 
2007, was submitted to EPA on April 16, 2007. The April 16, 2007 
Governor's letter included as an attachment a set of dated replacement 
pages for the Montana Interstate Transport Rule Declaration. The new set 
of pages were sent as replacement for the set of undated pages submitted 
earlier with the February 12, 2007 Record of Adoption package. In a May 
10, 2007 e-mail to Domenico Mastrangelo, EPA, Debra Wolfe, of the 
Montana Department of Environmental Quality, confirmed February 12, 2007 
as the adoption/effective date for the Montana Interstate Transport Rule 
Declaration.

[73 FR 10154, Feb. 26, 2008]



                           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 
November 5, 2003, 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), (d) and (e) of this 
section with EPA approval dates after November 5, 2003, 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) are an 
exact duplicate of the officially promulgated state rules/regulations 
which have been approved as part of the SIP as of November 5, 2003.
    (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

[[Page 313]]

Street, Kansas City, Kansas 66101; the EPA, Air and Radiation Docket and 
Information Center, Room B-108, 1301 Constitution Avenue, NW. (Mail Code 
6102T), Washington, DC 20460 or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.
    (c) EPA-approved regulations.

                                        EPA-Approved Nebraska Regulations
----------------------------------------------------------------------------------------------------------------
                                                  State
      Nebraska citation            Title        effective          EPA approval date             Explanation
                                                   date
----------------------------------------------------------------------------------------------------------------
                                                STATE OF NEBRASKA
                                       Department of Environmental Quality
----------------------------------------------------------------------------------------------------------------
                                   Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
129-1.......................  Definitions....     11/20/02  09/05/03, 68 FR 52694.........
129-2.......................  Definition of       07/10/02  07/08/03, 68 FR 40530.........
                               Major Source.
129-3.......................  Region and           6/26/94  1/04/95, 60 FR 372............
                               Subregions.
129-4.......................  Ambient Air          4/01/02  07/08/03, 68 FR 40530.........
                               Quality            07/10/02
                               Standards.
129-5.......................  Operating           11/20/02  9/05/03, 68 FR 52694..........  Section 001.02 is
                               Permit.                                                       not SIP approved.
129-6.......................  Emissions           11/20/02  9/05/03, 68 FR 52694..........
                               Reporting.
129-7.......................  Operating          8/22/2000  5/29/02, 67 FR 37327..........
                               Permits--Appli
                               cation.
129-8.......................  Operating          8/22/2000  5/29/02, 67 FR 37327..........
                               Permit Content.
129-9.......................  General              5/29/95  10/18/95, 60 FR 53872.........
                               Operating
                               Permits for
                               Class I and II
                               Sources.
129-10......................  Operating             9/7/97  1/20/00, 65 FR 3134...........
                               Permits for
                               Temporary
                               Sources.
129-11......................  Operating            5/29/95  10/18/95, 60 FR 53872.........
                               Permits--Emerg
                               ency; Defense.
129-12......................  Operating            5/29/95  2/09/96, 61 FR 4899...........
                               Permit Renewal
                               and Expiration.
129-13......................  Class I              5/29/95  10/18/95, 60 FR 53872.........
                               Operating
                               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            5/29/95  10/18/95, 60 FR 53872.........
                               Permit
                               Modification;
                               Reopening for
                               Cause.
129-16......................  Stack Heights;    12/15/1998  5/29/02, 67 FR 37327..........
                               Good
                               Engineering
                               Practice (GEP).
129-17......................  Construction         7/10/02  7/08/03, 68 FR 40530..........  Refer to January 23,
                               Permits--When                                                 2002, NDEQ letter
                               Required.                                                     to EPA regarding
                                                                                             change to 129-17-
                                                                                             014. Approved by
                                                                                             EPA on May 29,
                                                                                             2002.
129-19......................  Prevention of     12/15/1998  5/29/02, 67 FR 37327..........
                               Significant
                               Deterioration
                               of Air Quality.
129-20......................  Particulate           2/7/04  3/31/05, 70 FR 16429..........
                               Emissions;
                               Limitations
                               and Standards
                               (Exceptions
                               Due to
                               Breakdowns or
                               Scheduled
                               Maintenance:
                               See Chapter
                               35).
129-21......................  Controls for         7/10/02  7/08/03, 68 FR 40530..........
                               Transferring,
                               Conveying,
                               Railcar and
                               Truck Loading
                               at Rock
                               Processing
                               Operations in
                               Cass County.
129-22......................  Incinerators;         9/7/97  1/20/00, 65 FR 3134...........
                               Emission
                               Standards.
129-24......................  Sulfur Compound      6/26/94  1/04/95, 60 FR 372............
                               Emissions,
                               Existing
                               Sources
                               Emission
                               Standards.
129-25......................  Nitrogen Oxides       9/7/97  1/20/00, 65 FR 3134...........
                               (Calculated as
                               Nitrogen
                               Dioxide);
                               Emissions
                               Standards for
                               Existing
                               Stationary
                               Sources.
129-30......................  Open Fires,         11/20/02  9/05/03, 68 FR 52694..........
                               Prohibited;
                               Exceptions.
129-32......................  Dust; Duty to        6/26/94  1/04/95, 60 FR 372............
                               Prevent Escape
                               of.
129-33......................  Compliance;          6/26/94  1/04/95, 60 FR 372............
                               Time Schedule
                               for.

[[Page 314]]

 
129-34......................  Emission              5/7/05  7/10/06, 71 FR 38776..........
                               Sources;
                               Testing;
                               Monitoring.
129-35......................  Compliance;           9/7/97  1/20/00, 65 FR 3134...........
                               Exceptions Due
                               to Startup,
                               Shutdown, or
                               Malfunction.
129-36......................  Control              6/26/94  1/04/95, 60 FR 372............
                               Regulations;
                               Circumvention,
                               When Excepted.
129-37......................  Compliance;          6/26/94  1/04/95, 60 FR 372............
                               Responsibility.
129-38......................  Emergency            6/26/94  1/04/95, 60 FR 372............
                               Episodes;
                               Occurrence and
                               Control,
                               Contingency
                               Plans.
129-39......................  Visible              6/26/94  1/04/95, 60 FR 372............
                               Emissions from
                               Diesel-powered
                               Motor Vehicles.
129-40......................  General              5/29/95  2/12/96, 61 FR 5297...........
                               Conformity.
129-41......................  General           12/15/1998  5/29/02, 67 FR 37327..........
                               Provision.
129-42......................  Permits-By-Rule  11/20/02, 4/ 7/10/06, 71 FR 38776..........
                                                8/03/ 5/7/
                                                        05
129-43......................  Consolidated         5/29/95  2/09/96, 61 FR 4899...........
                               with Chapter
                               41.
129-44......................  Consolidated         5/29/95  2/09/96, 61 FR 4899...........
                               with Chapter
                               41.
Appendix I..................  Emergency            6/26/94  1/04/94, 60 FR 372............
                               Emission
                               Reductions.
Appendix II.................  Hazardous Air         5/7/05  7/10/06, 71 FR 38776..........
                               Pollutants
                               (HAPS).
----------------------------------------------------------------------------------------------------------------
                                   Title 115--Rules of Practice and Procedure
----------------------------------------------------------------------------------------------------------------
115-1.......................  Definitions of       8/08/93  1/04/95, 60 FR 372............
                               Terms.
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............
                               Confidentialit
                               y.
115-5.......................  Public Hearings      8/08/93  1/04/95, 60 FR 372............
115-6.......................  Voluntary            8/08/93  1/04/95, 60 FR 372............
                               Compliance.
115-7.......................  Contested Cases      8/08/93  1/04/95, 60 FR 372............
115-8.......................  Emergency            8/08/93  1/04/95, 60 FR 372............
                               Proceeding
                               Hearings.
115-9.......................  Declaratory          8/08/93  1/04/95, 60 FR 372............
                               Rulings.
115-10......................  Rulemaking.....      8/08/93  1/04/95, 60 FR 372............
115-11......................  Variances......      8/08/93  1/04/95, 60 FR 372............
----------------------------------------------------------------------------------------------------------------
        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--      5/16/95  2/14/96, 61 FR 5701...........
                               Permits
                               Required.
Section 3...................  Violations--Hea      5/16/95  2/14/96, 61 FR 5701...........
                               ring--Orders.
Section 4...................  Appeal               5/16/95  2/14/96, 61 FR 5701...........
                               Procedure.
Section 5...................  Variance.......      5/16/95  2/14/96, 61 FR 5701...........
Section 7...................  Compliance--Act      5/16/95  2/14/96, 61 FR 5701...........
                               ions to
                               Enforce--Penal
                               ties for Non-
                               Compliance.
Section 8...................  Procedure for        5/16/95  2/14/96, 61 FR 5701...........
                               Abatement.
Section 9...................  Severability...      5/16/95  2/14/96, 61 FR 5701...........
----------------------------------------------------------------------------------------------------------------
                                      Article 2--Regulations and Standards
----------------------------------------------------------------------------------------------------------------
Section 1...................  Definitions....      8/11/98  1/20/00, 65 FR 3134...........
Section 2...................  Major Sources--      8/11/98  1/20/00, 65 FR 3134...........
                               Defined.
Section 4...................  Ambient Air          5/16/95  2/14/96, 61 FR 5701...........
                               Quality
                               Standards.
Section 5...................  Operating            8/11/98  1/20/00, 65 FR 3134...........
                               Permits--When
                               Required.
Section 6...................  Emissions            8/11/98  1/20/00, 65 FR 3134...........
                               Reporting--Whe
                               n Required.
Section 7...................  Operating            8/11/98  1/20/00, 65 FR 3135...........
                               Permits--Appli
                               cation.
Section 8...................  Operating            8/11/98  1/20/00, 65 FR 3135...........
                               Permit--Conten
                               t.
Section 9...................  General              5/16/95  2/14/96, 61 FR 5701...........
                               Operating
                               Permits for
                               Class I and II
                               Sources.
Section 10..................  Operating            5/16/95  2/14/96, 61 FR 5701...........
                               Permits for
                               Temporary
                               Services.
Section 11..................  Emergency            5/16/95  2/14/96, 61 FR 5701...........
                               Operating
                               Permits--Defen
                               se.
Section 12..................  Operating            5/16/95  2/14/96, 61 FR 5701...........
                               Permit Renewal
                               and Expiration.
Section 14..................  Permits--Public      5/16/95  2/14/96, 61 FR 5701...........
                               Participation.

[[Page 315]]

 
Section 15..................  Operating            8/11/98  1/20/00, 65 FR 3135...........
                               Permit
                               Modifications-
                               -Reopening for
                               Cause.
Section 16..................  Stack--Heights-      5/16/95  2/14/96, 61 FR 5701...........
                               -Good
                               Engineering
                               Practice (GEP).
Section 17..................  Construction         8/11/98  1/20/00, 65 FR 3135...........
                               Permits--When
                               Required.
Section 19..................  Prevention of        5/16/95  2/14/96, 61 FR 5701...........
                               Significant
                               Deterioration
                               of Air Quality.
Section 20..................  Particulate          3/31/97  1/20/00, 65 FR 3135...........
                               Emissions--Lim
                               itations and
                               Standards.
Section 22..................  Incinerator          5/16/95  2/14/96, 61 FR 5701...........
                               Emissions.
Section 24..................  Sulfur Compound      5/16/95  2/14/96, 61 FR 5701...........
                               Emissions--Exi
                               sting Sources--
                               Emission
                               Standards.
Section 25..................  Nitrogen Oxides      5/16/95  2/14/96, 61 FR 5701...........
                               (Calculated as
                               Nitrogen
                               Dioxide)--Emis
                               sions
                               Standards for
                               Existing
                               Stationary
                               Sources.
Section 32..................  Dust--Duty to        3/31/97  1/20/00, 65 FR 3135...........
                               Prevent Escape
                               of.
Section 33..................  Compliance--Tim      5/16/95  2/14/96, 61 FR 5701...........
                               e Schedule for.
Section 34..................  Emission             5/16/95  2/14/96, 61 FR 5701...........
                               Sources--Testi
                               ng--Monitoring.
Section 35..................  Compliance--Exc      5/16/95  2/14/96, 61 FR 5701...........
                               eptions Due to
                               Startup
                               Shutdown or
                               Malfunction.
Section 36..................  Control              5/16/95  2/14/96, 61 FR 5701...........
                               Regulations--C
                               ircumvention--
                               When Expected.
Section 37..................  Compliance--Res      5/16/95  2/14/96, 61 FR 5701...........
                               ponsibility of
                               Owner/Operator
                               Pending Review
                               by Director.
Section 38..................  Emergency            5/16/95  2/14/96, 61 FR 5701...........
                               Episodes--Occu
                               rrence and
                               Control--Conti
                               ngency Plans.
Appendix....................  Emergency            5/16/95  2/14/96, 61 FR 5701...........
                               Emission
                               Reduction
                               Regulations.
----------------------------------------------------------------------------------------------------------------
                                                  City of Omaha
                                         Chapter 41--Air Quality Control
                                              Article I In General
----------------------------------------------------------------------------------------------------------------
41-2........................  Adoption of           4/1/98  1/20/00, 65 FR 3135...........
                               State
                               Regulations
                               with
                               Exceptions.
41-4........................  Enforcement--Ge      5/29/95  2/14/96, 61 FR 5701...........
                               nerally.
41-5........................  Same Health          5/29/95  2/14/96, 61 FR 5701...........
                               Department.
41-6........................  Residential          5/29/95  2/14/96, 61 FR 5701...........
                               Exemptions.
41-9........................  Penalties......      5/29/95  2/14/96, 61 FR 5701...........
41-10.......................  Civil                5/29/95  2/14/96, 61 FR 5701...........
                               Enforcement.
----------------------------------------------------------------------------------------------------------------
                                Article II--Permitting of Air Contaminant Sources
----------------------------------------------------------------------------------------------------------------
41-23.......................  Prerequisite to      5/29/95  2/14/96, 61 FR 5701...........
                               Approval.
41-27.......................  Signature            5/29/95  2/14/96, 61 FR 5701...........
                               Required;
                               Guarantee.
41-38.......................  Funds..........      5/29/95  2/14/96, 61 FR 5701...........
41-40.......................  Fees--When           5/29/95  2/14/96, 61 FR 5701...........
                               Delinquent.
----------------------------------------------------------------------------------------------------------------
                              Article IV--Waste Incinerators Division 1. Generally
----------------------------------------------------------------------------------------------------------------
41-60.......................  Definitions....      5/29/95  2/14/96, 61 FR 5701...........
41-61.......................  Violations.....      5/29/95  2/14/96, 61 FR 5701...........
----------------------------------------------------------------------------------------------------------------
                              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             5/29/95  2/14/96, 61 FR 5701...........
                               Facilities.
41-72.......................  Emission             5/29/95  2/14/96, 61 FR 5701...........
                               Testing.
----------------------------------------------------------------------------------------------------------------
                                Article IV--Waste Incinerators Division 3. Design
----------------------------------------------------------------------------------------------------------------
41-80.......................  New or Modified      5/29/95  2/14/96, 61 FR 5701...........
                               Waste
                               Incinerators.

[[Page 316]]

 
41-81.......................  Existing             5/29/95  2/14/96, 61 FR 5701...........
                               Incinerators.
----------------------------------------------------------------------------------------------------------------

    (d) EPA-approved state source-specific permits.

                                                     EPA-Approved Nebraska Source--Specific Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  State
           Name of source                    Permit No.         effective             EPA approval date                         Explanation
                                                                   date
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Gould, Inc......................                      677      11/9/83  1/31/85, 50 FR 4510..................
(2) Asarco, Inc.....................                     1520       6/6/96  3/20/97, 62 FR 13329.................  The EPA did not approve paragraph 19.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (e) EPA-approved nonregulatory provisions and quasi-regulatory 
measures.

                                 EPA-Approved Nebraska Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable
    Name of nonregulatory SIP         geographic or          State       EPA approval date       Explanation
            provision               nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
(1) Air Quality Implementation     Statewide..........         1/28/72  5/31/72, 37 FR
 Plan.                                                                   10842.
(2) Confirmation That the State    Statewide..........         4/25/72  5/31/72, 37 FR
 Does Not Have Air Quality                                               10842.
 Control Standards Based on
 Attorney General's Disapproval..
(3) Request for Two-Year           Omaha..............         1/24/72  7/27/72, 37 FR
 Extension to Meet the Primary                                           15080.
 NOX Standard..
(4) Clarification of Section 11    Statewide..........         2/16/72  7/27/72, 37 FR
 of the State's Plan..                                                   15080.
(5) Letters Clarifying the         Omaha..............         10/2/72  5/14/73, 38 FR
 Application of the States                                               12696.
 Emergency Episode Rule..
(6) Analysis of Ambient Air        Omaha, Lincoln,              5/9/74  6/2/75, 40 FR 23746
 Quality in Standard Metropolitan   Sioux City.
 Statistical Areas and
 Recommendations for Air Quality
 Maintenance Areas.
(7) Amended State Law (LB1029)     Statewide..........         2/10/76  6/23/76, 41 FR
 Giving the Department of                                                25898.
 Environmental Quality Authority
 to Require Monitoring of
 Emissions, Reporting of
 Emissions and Release of
 Emissions Data.
(8) Air Monitoring Plan..........  Statewide..........         6/19/81  10/6/81, 46 FR
                                                                         49122.
(9) TSP Nonattainment Plan.......  Douglas and Cass            9/25/80  3/28/83, 48 FR
                                    Counties.                   8/9/82   12715.
(10) Plan for Intergovernmental    Statewide..........          8/9/82  7/5/83, 48 FR 30631
 Consultation and Coordination
 and for Public Notification..
(11) 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.
(12) Lead Nonattainment Plan.....  Omaha..............         7/24/84  1/31/85, 50 FR 4510
                                                              11/17/83
                                                                8/1/84
(13) CO Nonattainment Plan.......  Omaha..............          4/3/85  9/15/86, 51 FR
                                                                         32640.
(14) CO Nonattainment Plan.......  Lincoln............          4/3/85  9/19/86, 51 FR
                                                                         33264.
(15) Revised Lead Nonattainment    Omaha..............          2/2/87  8/3/87, 52 FR 28694
 Plan.

[[Page 317]]

 
(16) Letter Pertaining to NOX      Statewide..........          3/8/91  7/2/91, 56 FR 30335  State submittal
 Rules and Analysis Which                                                                     date is date of
 Certifies the Material Became                                                                the letter.
 Effective on February 20, 1991..
(17) Small Business Assistance     Statewide..........        11/12/92  8/30/93, 58 FR
 Program.                                                                45452.
(18) Class II Operating Permit     Statewide..........         2/16/94  1/4/95, 60 FR 372..
 Program 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..
(19) 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..
(20) Lincoln Municipal Code,       City of Lincoln....          2/5/99  1/20/00, 65 FR 3135
 Chapter 8.06.140 and 8.06.145..
(21) Lancaster Co. Resolution      Lancaster County...          2/5/99  1/20/00, 65 FR 3135
 5069, Sections 12 and 13..
(22) Nebraska Lead Maintenance     Omaha..............         1/18/01  4/20/01, 66 FR
 SIP.                                                                    20199.
(23) CAA 110(a)(2)(D)(i) SIP--     Statewide..........         5/18/07  12/17/07, 72 FR
 Interstate Transport.                                                   71245.
----------------------------------------------------------------------------------------------------------------


[64 FR 7103, Feb. 12, 1999, as amended at 65 FR 3133, Jan. 20, 2000; 66 
FR 20199, Apr. 20, 2001; 67 FR 37327, May 29, 2002; 68 FR 40530, July 8, 
2003; 68 FR 52694, Sept. 5, 2003; 68 FR 67046, Dec. 1, 2003; 70 FR 
16429, Mar. 31, 2005; 71 FR 38779, July 10, 2006; 72 FR 71247, Dec. 17, 
2007]



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  PM[bdi1][bdi0] 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

[[Page 318]]

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 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.

[[Page 319]]



                                                             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 
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.

[[Page 320]]

    (16) Compliance schedules were submitted by the Department of 
Environmental Control on January 15, 1976.
    (17) Amended State law (LB1029) giving the Department of 
Environmental Control authority to require monitoring of emissions, 
require reporting of emissions and release emission data was submitted 
by the Governor on February 10, 1976.
    (18) Compliance schedules were submitted by the Governor on April 
23, 1976.
    (19) Compliance schedules were submitted by the Governor on October 
27, 1976.
    (20) Revised Rule 17, requiring continuous opacity monitoring by 
power plants, was submitted on November 2, 1976, by the Governor.
    (21) A plan revision to meet the requirements of 40 CFR 58.20, 
dealing with statewide air quality monitoring and data reporting, was 
submitted by the Governor on June 19, 1981.
    (22) Revised Rule 13, granting an increase in the visible emission 
limitations for existing teepee waste wood burners and alfalfa 
dehydrators, was submitted by the Governor on December 29, 1977.
    (23) Revision to the SIP concerning the adoption of the Lancaster 
County Air Pollution Control Resolution was submitted by the Governor on 
April 4, 1977.
    (24) Revision to the SIP concerning the adoption of the revised 
local air pollution control ordinances for the cities of Omaha and 
Lincoln was submitted by the Governor on December 27, 1977.
    (25) State plan revisions and corrections thereto to attain the 
National Ambient Air Quality Standards for total suspended particulate 
in Douglas and Cass Counties, designated as nonattainment under section 
107 of the Clean Air Act Amendments of 1977, were submitted by the 
Governor on September 25, 1980, and on August 9, 1982. Included in the 
plan are revised Rule 6, and new Rule 5A.
    (26) New Rule 18, ``Compliance; Exceptions Due to Startup, Shutdown, 
or Malfunction,'' was submitted by the Governor on August 9, 1982.
    (27) A plan revision to provide for Intergovernmental Consultation 
and Coordination and for Public Notification was submitted to EPA by the 
Governor of Nebraska on August 9, 1982.
    (28) A plan revision for attaining and maintaining the National 
Ambient Air Quality Standard for Lead in the State of Nebraska was 
submitted to EPA on January 9, 1981, by the Governor. Additional 
material was submitted by the State on August 5, 1981 and January 11, 
1983. All portions of the submittals are approved except the control 
strategy for Omaha and the request for a two year extension to attain 
the lead standard in Omaha.
    (29) Revisions to Rule 1, ``Definitions,'' and to Rule 4, ``New and 
Complex Sources; Standards of Performance, Application for Permit, When 
Required;'' and a new regulation: Rule 4.01, ``Prevention of Significant 
Deterioration of Air Quality,'' were submitted by the Governor on May 
23, 1983; clarifying letter dated May 30, 1984.
    (30) On July 24, 1984, Nebraska submitted a lead SIP for Omaha. 
Additional portions of the Omaha lead SIP were submitted by the State on 
November 17, 1983, and August 1, 1984. EPA withheld action on the 
enforceable control measures contained in the Omaha lead SIP, but 
approved all other portions.
    (31) Revisions to Chapter 10 ``Incinerators; Emission Standards;'' 
Chapter 12 ``Sulfur Compound Emissions; Emission Standards;'' Chapter 14 
``Open Fires, Prohibited; Exceptions;'' and Chapter 20 ``Emission 
Sources; Testing: Monitoring'' were submitted by the Governor on October 
6, 1983.
    (32) Revisions to Chapter 1, ``Definitions''; Chapter 4, ``Reporting 
and Operating Permits for Existing Sources; When Required''; and Chapter 
5, ``New, Modified, and Reconstructed Sources; Standards of Performance, 
Application for Permit, When Required'', were submitted by the Governor 
on October 6, 1983. These revisions deleted the review requirements for 
complex sources of air pollution for the entire State. 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,

[[Page 321]]

1975. See paragraph (c)(8) above. Approval action was taken on the 
deletion of these requirements except as they pertain to the Lincoln and 
Omaha CO nonattainment areas.
    (33) A State Implementation Plan revision to provide for attainment 
of the carbon monoxide standard in Omaha was submitted by Governor 
Kerrey on April 3, 1985. Action was also taken to delete review 
requirements for complex sources of air pollution in Omaha; see 
paragraph (c)(32) of this section.
    (i) Incorporation by reference.
    (A) An RFP curve from page 27 of the Carbon Monoxide State 
Implementation Plan for Omaha, Nebraska, dated January 18, 1985.
    (ii) Additional material.
    (A) Narrative submittal entitled ``Carbon Monoxide State 
Implementation Plan for Omaha, Nebraska'', including an attainment 
demonstration.
    (B) Emission Inventory for carbon monoxide sources.
    (34) A State Implementation Plan revision to provide for attainment 
of the carbon monoxide standard in Lincoln was submitted by Governor 
Kerrey on April 3, 1985. Action was also taken to delete review 
requirements for complex sources of air pollution in Lincoln; see 
paragraph (c)(32) of this section.
    (i) Incorporation by reference.
    (A) An RFP table from page 18 of the State Implementation Plan 
Revision for Carbon Monoxide for Lincoln, Nebraska, adopted on March 1, 
1985.
    (ii) Additional material.
    (A) Narrative submittal entitled, ``State Implementation Plan 
Revision for Carbon Monoxide for Lincoln, Nebraska'', including an 
attainment demonstration.
    (B) Emission Inventory for carbon monoxide sources.
    (35) On February 2, 1987, Nebraska submitted revisions to the lead 
SIP for Omaha. The revisions contained a revised demonstration of 
attainment of the lead standard in Omaha, a revised control strategy to 
provide the lead emission reductions claimed in the demonstration of 
attainment, and Administrative Order No. 753 dated August 22, 1985, as 
amended by Amended Administrative Order No. 753 dated May 9, 1986, and 
by Second Amended Administrative Order No. 753 dated November 12, 1986. 
All items in the revisions were approved.
    (i) Incorporation by reference.
    (A) Administrative Order 753 dated August 22, 1985, issued by the 
Nebraska Department of Environmental Control to ASARCO Incorporated.
    (B) Amended Administrative Order 753 dated May 9, 1986, issued by 
the Nebraska Department of Environmental Control to ASARCO Incorporated.
    (C) Second Amended Administrative Order 753 dated November 12, 1986, 
issued by the Nebraska Department of Environmental Control to ASARCO 
Incorporated.
    (ii) Additional material.
    (A) 1986 Revised Demonstration of Attainment and Control Measures 
for the Nebraska State Implementation Plan for Lead--Omaha, submitted by 
ASARCO Incorporated, October 3, 1986.
    (36) Revisions to Chapter 1, ``Definitions'', paragraphs 024, 025, 
030, 037, 049; and Chapter 5, ``Stack Heights: Good Engineering Practice 
(GEP)'', were submitted by the Governor on May 6, 1986.
    (i) Incorporation by reference.
    (A) Revisions to Chapter 1, ``Definitions'', paragraphs 024, 025, 
030, 037, 049; and Chapter 5, ``Stack Heights: Good Engineering Practice 
(GEP)'', effective May 5, 1986.
    (ii) Additional material.
    (A) None.
    (37) Revised Title 129 of Nebraska Air Pollution Control rules and 
regulations pertaining to PM10 and other rule revisions 
submitted by the Governor of Nebraska on June 15, 1988.
    (i) Incorporation by reference. (A) Nebraska Department of 
Environmental Control Title 129--Nebraska Air Pollution Control rules 
and regulations adopted by the Nebraska Environmental Control Council 
February 5, 1988, effective June 5, 1988. The following Nebraska rules 
are not approved: Chapter 1, definition at 013, ``Best Available Control 
Technology''; Chapter 4, section 004.01G, except as it applies to lead; 
Chapter 6, section 002.04 and section 007; Appendix III except for lead; 
Chapter 6, section 001 pertaining to NSPS; and Chapter 12 pertaining to 
NESHAP.
    (B) Nebraska Department of Environmental Control Title 115--Rules of

[[Page 322]]

Practice and Procedure, amended effective July 24, 1987.
    (ii) Additional information. (A) None.
    (38) Plan revisions were submitted by the Nebraska Department of 
Environmental Control on March 8, 1991, which implement EPA's October 
17, 1988, PSD NOX requirements.
    (i) Incorporation by reference.
    (A) Revisions to title 129, chapter 7, entitled ``Prevention of 
Significant Deterioration of Air Quality,'' were adopted by the Nebraska 
Enviromental Control Council on December 7, 1990, and became effective 
February 20, 1991.
    (ii) Additional material.
    (A) Letter from the state submitted March 8, 1991, pertaining to 
NOX rules and analysis which certifies the material became 
effective on February 20, 1991.
    (39) Plan revisions were submitted by the Governor of Nebraska on 
March 8, 1991.
    (i) Incorporation by reference.
    (A) Revisions to Nebraska Department of Environmental Control Title 
129--Nebraska Air Pollution Control Rules and Regulations adopted by the 
Nebraska Environmental Control Council December 7, 1990, effective 
February 20, 1991. Revisions to the following sections are approved in 
this action: Chapter 1 (deletion of section 068), chapter 3 (deletion of 
``National'' from the chapter title), chapter 4 (section 004.02), 
chapter 7 (section 001), chapter 10 (section 002), chapter 11 (section 
002 and section 005), chapter 15 (section 002.07C), and chapter 16 
(sections 001, 002.01, 002.02, and 002.03.)
    (40) The Nebraska Department of Environmental Quality submitted the 
Small Business Assistance program State Implementation Plan revision on 
November 12, 1992.
    (i) Incorporation by reference.
    (A) Revision to the Nebraska State Implementation Plan for the Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program was adopted by the state of Nebraska on November 12, 
1992, and became effective on the same date.
    (41) On February 16, 1994, the Director of the Nebraska Department 
of Environmental Quality submitted revisions to the State Implementation 
Plan (SIP) to create a Class II operating permit program, Part D NSR 
rule changes, SO2 rule corrections, and the use of enhanced 
monitoring.
    (i) Incorporation by reference.
    (A) Revised rules ``Title 129--Nebraska Air Quality Regulations,'' 
effective December 17, 1993. This revision approves all chapters except 
for parts of Chapters 5, 7, 8, 9, 10, 11, 12, 13, 14, and 15 that 
pertain to Class I permits; Chapter 17 as it relates to hazardous air 
pollutants; and excludes Chapters 23, 25, 26, 27, 28, 29, and 31.
    (B) ``Title 115--Rules of Practice and Procedure,'' effective August 
8, 1993, and submitted as an SIP revision on February 16, 1994.
    (ii) Additional material.
    (A) Letter from Nebraska to EPA Region VII dated February 16, 1994, 
regarding a commitment to submit information to the RACT/BACT/LAER 
Clearinghouse as required in section 173(d) of the Clean Air Act.
    (B) Letter from Nebraska to EPA Region VII dated June 10, 1994, 
regarding the availability of state operating permits to EPA and 
specified emissions limitations in permits.
    (C) Letter from Nebraska to EPA Region VII dated November 7, 1994, 
regarding the increase in New Source Review (NSR) permitting thresholds.
    (42) A Plan revision was submitted by the Nebraska Department of 
Environmental Quality on June 14, 1995, which incorporates by reference 
EPA's regulations relating to determining conformity of general Federal 
actions to State or Federal Implementation Plans.
    (i) Incorporation by reference.
    (A) A revision to title 129, adding chapter 40, entitled ``General 
Conformity'' was adopted by the Environmental Quality Council on 
December 2, 1994, and became effective on May 29, 1995.
    (43) On June 14, 1995, the Director of the Nebraska Department of 
Environmental Quality submitted revisions to the State Implementation 
Plan (SIP) to modify the Class II operating permit program.
    (i) Incorporation by reference.
    (A) Revised rules ``Title 129--Nebraska Air Quality Regulations,'' 
effective May 29, 1995. This revision applies

[[Page 323]]

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, 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. 
52.1426, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



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]



Sec. Sec. 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 in paragraphs (a) and (b) of this section. The 
EPA is retaining Sec. 52.21 except paragraph (a)(1) 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, as amended at 68 FR 11323, Mar. 10, 2003; 
68 FR 74489, Dec. 24, 2003]



                            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.

[[Page 324]]

    (1) Previously approved on May 31, 1972 and now deleted without 
replacement Rules 2.8 and 2.11.
    (2) Previously approved on May 31, 1972 in paragraph (b) and now 
deleted without replacement: Articles 2.10.1, 2.10.1.1, 3.3.4, 4.3.4, 
and Section 13, Nos. 15 and 19 of Senate Bill No. 275.
    (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.
    (i) Previously approved on May 14, 1973 in paragraph (c)(5) of this 
section and now deleted without replacement: Section 15 (Prohibition of 
Nuisance Conditions) and Section 29 (Odors in the Ambient Air).
    (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.
    (i) Previously approved on February 6, 1975 in paragraph (7) and now 
deleted without replacement: Article 8.1.
    (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 Nevada Revised Statutes (NRS) (1975 
Legislative Session) on motor vehicle inspection and testing (NRS 
445.640, 445.700, 482.640 and 169.125), public availability of emission 
data (NRS 445.576), organization (NRC 445.481 and 481.----). (Section 1 
of 1975 Assembly Bill 326), stack testing (NRS 445.447), and alleged 
violations (NRS 445.526) submitted on September 10, 1975 by the 
Governor.
    (11) Amendments to the NAQR, as amended through September 18, 1975, 
submitted on October 31, 1975, by the Governor, as follows:

    Article 1--Definitions: 1.6-1.13, 1.15-1.33, 1.35-1.69;
    Article 2--General Provisions: 2.4.1-2.4.4, 2.5.1, 2.5.2, 2.5.4, 
2.6.1-2.6.4, 2.7.1, 2.8.1, 2.8.4, 2.8.5.1, 2.9.1-2.9.3, 2.9.5-2.9.7, 
2.10.1.2, 2.10.2-2.10.4, 2.11.4.2;
    Article 3--Registration Certificates and Operating Permits: 3.1.3, 
3.1.5, 3.1.6, 3.1.8a & d-i, 3.1.9, 3.2.2-3.2.6, 3.3.2, 3.3.5, 3.4.1, 
3.4.6-3.4.14;
    Article 4--Visible Emissions From Stationary Sources: 4.1, 4.2, 
4.3.5, 4.4-4.4.2;
    Article 5--Open Burning: 5.2.3, 5.2.4;
    Article 6--Incinerator Burning: 6.3-6.6.2;
    Article 7--Particulate Matter: 7.1.3, 7.2.1-7.2.3, 7.3.1-7.3.3;
    Article 8--Sulfur Emissions: 8.1.1, 8.1.2, 8.1.4, 8.2.2.1, 8.3-8.4;
    Article 9--Organic Solvent, Other Volatile Compounds: 9.1, 9.2-
9.2.1.1, 9.2.2, 9.2.3;
    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.

    (i) Previously approved on January 9, 1978 in paragraph (11) and now 
deleted without replacement: Articles 2.10.1.2, 2.10.2, 2.10.3, 8.1.1, 
8.1.2, and 8.1.4.
    (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.


[[Page 325]]


    (i) Previously approved on August 21, 1978 in paragraph (12) and now 
deleted without replacement: Article 2.7.4.
    (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.

    (ix) Previously approved on June 18, 1982 in paragraph (14)(viii) 
and now deleted without replacement: Article 16: Rules 16.3.1.2, 16.3.2, 
16.3.2.1, 16.3.2.2, 16.15, 16.15.1, 16.15.1.1, 16.15.1.2, 16.15.2, 
16.15.2.1, 16.15.2.2, 16.15.3, 16.15.3.1, 16.15.3.2, and 16.15.4.
    (x) Previously approved on June 18, 1982 in paragraph (c)(14)(viii) 
of this section and now deleted without replacement: Article 16: Rules 
16.3.3.1.
    (xi) Previously approved on July 10, 1980 in paragraph (14)(ii) and 
now deleted without replacement: Nevada Revised Statutes (NRS) sections: 
445.401, 445.466, and 445.497.
    (15) Redesignation of the Clark-Mohave Interstate AQCR submitted on 
March 23, 1979, by the Governor.
    (16) The following amendments to the plan were submitted on July 24, 
1979, by the Governor.
    (i) Amendments to the Nevada Air Quality Regulations:

    Article I--Definition: No. 2--LAER.

    (ii) Amendments to the Clark County District Board of Health Air 
Pollution Control Regulations:

    Section 15--Source Registration, 15.1, 15.2, 15.3, 15.4, 15.5, 15.6, 
15.7, 15.8, 15.9, 15.10, 15.11, and 15.12; Section 50--Storage of 
Petroleum Products; Section 51--Petroleum Product Loading into Tank 
Trucks, and Trailers; and Section 52--Handling of Gasoline at Service 
Stations, Airports and Storage Tanks.

    (iii) Amendments to the Washoe County District Board of Health Air 
Pollution Control Regulations:

    Definitions, Sections 010.011, 010.014, 010.028, 010.057, 010.059, 
010.071, 010.072, 010.091, 010.106, 010.107B, 010.108, 010.116, 010.117, 
010.136, 010.148, 010.149, 010.151, 010.166, 010.197,

[[Page 326]]

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.
    (B) Previously approved on August 27, 1981 at (c)(16)(viii) and now 
deleted Section 17, Rules 17.1-17.8.
    (C) Previously approved on August 27, 1981 in paragraph 
(c)(16)(viii) of this section and now deleted without replacement: 
Section 40, Rule 40.1 (Prohibition of Nuisance Conditions); Section 42, 
Rule 42.2 (open burning); and Section 43, Rule 43.1 (Odors in the 
Ambient Air).

    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).

    (A) Previously approved on August 27, 1981 in paragraph (c)(17)(ii) 
of this section and now deleted without replacement: Section 1, Rules 
1.79, 1.94.

    (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.
    (A) Previously approved on April 14, 1981 in paragraph (c)(18)(i) of 
this section and now deleted without replacement: Nevada Air Quality 
Regulations (NAQR) article 13.1.3(3).

[[Page 327]]

    (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.
    (iii) Previously approved on June 18, 1982 in paragraph (22)(ii) and 
now deleted without replacement: Articles 7.2.5, 7.2.9, and 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.
    (B) Previously approved on June 18, 1982 at (c)(24)(iv) and now 
deleted Section 17, Rules 17.2.1 and 17.6.1.
    (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,

[[Page 328]]

445.522-445.537, 445.539, 445.542-445.544, 445.546-445.549, 445.551, 
445.552, 445.554-445.568, 445.570, 445.572-445.587, 445.589-445.605, 
445.608-445.612, 445.614-445.622, 445.624, 445.626, 445.627, 445.629-
445.655, 445.660, 445.662-445.667, 445.682, 445.685-445.700, 445.704-
445.707, 445.712-445.716, 445.721, 445.723, 445.729-445.732, 445.734, 
445.742, 445.743, 445.746, 445.753, 445.754, 445.764, 445.844, and 
445.845.

    (ii) Previously approved on March 27, 1984, in paragraph (25)(i)(A) 
and now deleted without replacement: Nevada Administrative Code (NAC) 
sections: 445.447, 445.554, 445.596, 445.662, 445.695, 445.698, 445.700, 
and 445.844.
    (iii) Previously approved on March 27, 1984, in paragraph (25)(i)(A) 
and now deleted without replacement: Nevada Administrative Code (NAC) 
sections: 445.440, 445.442-445.443, 445.446, 445.451, 445.453-445.456, 
445.459-445.463, 445.465-445.469, 445.474-445.476, 445.481, 445.483-
445.485, 445.487, 445.489-445.491, 445.493-445.498, 445.502-445.503, 
445.509-445.511, 445.514-445.515, 445.518-445.519, 445.522-445.524, 
445.526-445.532, 445.534, 445.539, 445.543-445.544, 445.546, 445.547, 
445.551, 445.566-445.568, 445.572-445.573, 445.576-445.580, 445.582-
445.583, 445.586-445.587, 445.591, 445.593-445.595, 445.598, 445.600, 
445.602-445.605, 445.608-445.611, 445.614-445.616, 445.619-445.620, 
445.626, 445.629, 445.631-445.632, 445.634-445.646, 445.648, 445.652, 
445.654, and 445.723.
    (iv) Previously approved on March 27, 1984 in paragraph 
(c)(25)(i)(A) of this section and now deleted without replacement: 
Nevada Administrative Code (NAC) section: 445.535.
    (v) Previously approved on March 27, 1984, in paragraph 
(c)(25)(i)(A) of this section and now deleted without replacement: 
Nevada Administrative Code (NAC) section: 445.655.
    (vi) Previously approved on March 27, 1984, in paragraph 
(c)(25)(i)(A) of this section and now deleted without replacement: 
Nevada Administrative Code (NAC) section 445.706(2).
    (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)).
    (B) Previously approved on March 27, 1984, in paragraph (26)(i)(A) 
and now deleted without replacement: Nevada Administrative Code (NAC) 
sections 445.815 (paragraphs (1), (2)(a)(1)-(2), and (3)-(5)) and 
445.816 (paragraph (2)(a)-(c) and (e)-(i)).
    (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.

[[Page 329]]

    (29) The following amendments to the plan were submitted on January 
28, 1983 by the State:
    (i) Response to EPA's preliminary evaluation, specifying 
documentation for calibrating the model, the mobile source emission 
factors, and additional traffic data.
    (ii) Conversion factors for the model.
    (iii) A revised 1982 attainment modeling analysis and supporting 
documentation including:
    (A) 1979, 1980-82 traffic data for the Stateline Area, (Appendix A);
    (B) Stateline Cold Start/Hot Start Analysis, (Appendix B);
    (C) Portions of the Highway 50 Corridor Study, June 1979 (Appendix 
C);
    (D) Reference from Transportation and Traffic Engineering Handbook, 
(1979), (Appendix D); and
    (E) Revised Caline 3 and Mobile 2 modeling analysis using both 27% 
and 50% cold start factors, (Appendix E).
    (30) The following amendments to the plan were submitted on May 5, 
1983 by the State:
    (i) ``Stateline, Nevada, 1983 Carbon Monoxide Study''--a traffic, 
ambient air monitoring and predictive modeling report, and
    (ii) A revised analysis of the Caline 3 model verifying 1982 
attainment, based on data collected in February and March 1983.
    (31) The following amendments to the plan were submitted on May 30, 
1984, by the Governor.
    (i) Washoe County, Nevada Lead SIP Revision.
    (32) The Las Vegas Valley 1982 Air Quality Implementation Plan 
(AQIP) Update for carbon monoxide submitted by the Governor on June 23, 
1982.
    (33) On January 11, 1985, the following amendments to the plan were 
submitted by the State.
    (i) Incorporation by reference.
    (A) Las Vegas Valley Air Quality Implementation Plan, Post 1982 
Update for Ozone adopted on October 16, 1984 (including section 33 
(Chlorine in Chemical Processes)), adopted May 18, 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)-(37) [Reserved]
    (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.
    (39) The following plan was submitted on February 14, 1995, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Redesignation Request and Maintenance Plan for the National 
Sulfur Dioxide Standard--Central Steptoe Valley, adopted by Nevada 
Division of Environmental Protection on February 14, 1995.
    (40) The following plan supplement was submitted on February 27, 
2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Supplement to the Maintenance Plan for the National Sulfur 
Dioxide Standard--Central Steptoe Valley (Letter from Allen Biaggi, 
Administrator, Nevada Division of Environmental Protection, to Wayne 
Nastri, Regional Administrator, EPA Region IX, dated February 27, 2002).
    (41) Regulations for the following agencies were submitted on 
November 19, 2002 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Air Quality Management Board.
    (1) Clark County Building Code, section 3708, adopted on November 
20, 1990.
    (2) City of Las Vegas Building Code, section 3708, adopted on 
November 21, 1990.

[[Page 330]]

    (3) City of North Las Vegas Building Code, section 13.16.150, 
adopted on September 18, 1991.
    (4) City of Henderson Building Code, section 15.40.010, adopted on 
October 15, 1996.
    (42) The following plan was submitted on July 23, 2001, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality Management.
    (1) PM-10 State Implementation Plan for Clark County including: 
Chapter 3, Chapter 4 (excluding pages 4-125 and 4-126), Chapters 5 
through 7, Appendices A through E, Appendix G (excluding pages 90-1 
through 90-10, 91-1 through 91-9, 92-1 through 92-7, 93-1 through 93-8, 
and the following paragraphs of pages 0-1 through 0-46: 0.1-0.24, 0.26-
0.32, 0.34, 0.35, 0.38-0.42, 0.44, 0.49, 0.50, 0.52-0.57, 0.59-0.64, 
0.66-0.69, 0.71-0.80, 0.82, 0.83, 0.85-0.109, 0.112, 0.113, 0.115, 
0.116, 0.118, 0.119, 0.121-0.126, 0.128-0.131, 0.134-0.139, 0.142-0.146, 
0.148-0.161, 0.163, 0.165, and 0.167-0.172), Appendix J, and Appendices 
L through N adopted on June 19, 2001.
    (43) The following regulations were submitted on October 24, 2002, 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality Management.
    (1) Sections 90, 91, 92 and 93 adopted on November 20, 2001.
    (44) The following plan amendments were submitted on November 19, 
2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality Management.
    (1) Pages 4-125 and 4-126 and Appendix R adopted on November 19, 
2002.
    (45) The following plan was submitted on October 27, 2003, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Carbon Monoxide Redesignation Request and Limited Maintenance 
Plan for the Nevada Side of the Lake Tahoe Basin, dated October 2003, 
adopted by the State Environmental Commission on September 18, 2003.
    (1) Attainment year (2001) emissions inventory, monitoring network 
and verification of continued attainment, and contingency plan, 
including commitments to follow maintenance plan contingency procedures 
by the Nevada Division of Environmental Protection, the Tahoe 
Metropolitan Planning Organization, the Nevada Department of 
Transportation, and the Washoe County District Health Department.
    (B) Letter of October 27, 2003, from the Nevada Division of 
Environmental Protection, transmitting the redesignation request and 
maintenance plan for the Lake Tahoe Nevada CO nonattainment area and 
including a State commitment to track CO concentrations and to adopt, 
submit as a SIP revision, and implement expeditiously any and all 
measures to achieve the level of CO emissions reductions needed to 
maintain the CO NAAQS in the event that an exceedance of the CO NAAQS is 
monitored, and to work with the involved jurisdictions to ensure that 
sufficient measures are adopted and implemented in a timely fashion to 
prevent a violation.
    (C) Additional material--Addendum to the October 27, 2003 letter of 
transmittal of the redesignation request and maintenance plan: emissions 
projections for on-road motor vehicles through 2016.
    (46) The following plan revision was submitted on March 20, 1996, by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) State of Nevada State Implementation Plan for an Enhanced 
Program for the Inspection and Maintenance of Motor Vehicles for Las 
Vegas Valley and Boulder City, Nevada, revised March 1996, transmitted 
by letter dated March 20, 1996, including the cover page through page 
15, appendix 1 (only the Nevada attorney general's opinion and 
memorandum dated November 15, 1993 and June 29, 1994, respectively), and 
appendices 2 through 9.
    (47) The following plan revision was submitted on August 9, 2000, by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality Management.
    (1) Carbon Monoxide State Implementation Plan, Las Vegas Valley 
Nonattainment Area, Clark County, Nevada, August 2000, adopted on August 
1,

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2000, including the following sections within which certain exceptions 
are noted but excluding all sections not specifically cited: chapters 1 
through 8 (with the exception of chapter 7, subsection 7.2.2, 
``Contingency Measures''); appendix A, ``Emissions Inventory'', sections 
1 through 7, and section 8--``Annexes'' (with the exception of appendix 
E, ``Quality Assurance/Quality Control''); appendix B, ``Transportation 
Documentation'', section 1; appendix D, ``Regulations, Policies and 
Public Participation Documentation'', section 1--``Cleaner Burning 
Gasoline (CBG) Regulations and Supporting Documentation'' (with the 
exception of District Board of Health of Clark County Air Pollution 
Control Regulations section 54 as adopted on April 22, 1999), section 2, 
section 3, section 4--``Nevada Administrative Code, Chapter 445B: 
Technician Training and Licensing'' (with the exception of NAC 445B.485-
445B.487, 445B.489-445B.493, and 445B.495-445B.498), and sections 5 
through 9; and appendix E, ``Supplemental Technical Support 
Documentation'', sections 1 through 4, and 7.
    (48) The following plan revision was submitted on January 30, 2002 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) New or amended regulations implementing Nevada's vehicle 
inspection and maintenance program in Las Vegas Valley and Boulder City: 
Nevada Administrative Code, chapter 445B, sections 445B.400-445B.774 
(i.e., ``Emissions from Engines''), including the sections under the 
subheadings ``General Provisions,'' ``Facilities for Inspection and 
Maintenance,'' ``Inspectors,'' ``Exhaust Gas Analyzers,'' ``Control of 
Emissions: Generally'' [excluding sections 445B.576-445B.578, and 
excluding section 445B.594 (``Inspections required in Washoe County'')], 
``Restored Vehicles,'' ``Miscellaneous Provisions,'' but excluding the 
sections under the subheading ``Control of Emissions: Heavy-Duty Motor 
Vehicles'' (i.e., sections 445B.737-445B.774), codification as of 
February 2002 by the Legislative Counsel Bureau.
    (2) Previously approved on September 21, 2004, in paragraph 
(c)(48)(i)(A)(1) of this section and now deleted from the SIP without 
replacement: Nevada Administrative Code (NAC) sections: 445B.461(3)(d) 
and 445B.595(2)(d).
    (ii) Additional material.
    (A) Nevada Division of Environmental Protection.
    (1) NV2000 Analyzer Electronic Data Transmission Equipment 
Specifications (June 15, 2000), revision 5, November 8, 2000.
    (49) The following plan revisions were submitted on June 4, 2002 by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) New or amended statutes related to Nevada's vehicle inspection 
and maintenance program in Las Vegas Valley and Boulder City, as amended 
through the 2001 Legislative sessions: Nevada Revised Statutes, title 
40, chapter 445B, sections 445B.210, 445B.700, 445B.705, 445B.710, 
445B.715, 445B.720, 445B.725, 445B.730, 445B.735, 445B.740, 445B.745, 
445B.750, 445B.755, 445B.758, 445B.760, 445B.765, 445B.770, 445B.775-
445B.778, 445B.780, 445B.785, 445B.790, 445B.795, 445B.798, 445B.800, 
445B.805, 445B.810, 445B.815, 445B.820, 445B.825, 445B.830, 445B.832, 
445B.834, 445B.835, 445B.840, and 445B.845, and title 43, chapter 482, 
section 482.461, transmitted by letter dated June 4, 2002.
    (2) New regulation establishing the State's low Reid Vapor Pressure 
wintertime requirement for gasoline sold in Clark County: Nevada 
Administrative Code, chapter 590, section 590.065 as adopted on October 
28, 1998 (made effective December 14, 1998) by the State Board of 
Agriculture.
    (3) Regulation R017-02, adopted on March 8, 2002 by the Nevada State 
Environmental Commission: New or amended rules in Chapter 445B of the 
Nevada Administrative Code removing the limitation on applicability of, 
and removing the restrictive trigger for effectuating the implementation 
of, the on-board diagnostics systems test for Nevada's vehicle 
inspection and maintenance program.
    (ii) Additional material.
    (A) Nevada Division of Environmental Protection.

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    (1) Contract between Nevada Department of Motor Vehicles and MD 
LaserTech for on-road testing services, dated January 15, 2002.
    (50) The following plan revision was submitted on September 9, 2003 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) New or amended statutes related to Nevada's vehicle inspection 
and maintenance program in Las Vegas Valley and Boulder City, as amended 
through the 2001 Legislative sessions: Nevada Revised Statutes, title 
43, chapter 481, sections 481.019, 481.023, 481.027, 481.031, 481.035, 
481.043, 481.047, 481.0473, 481.0475, 481.0477, 481.048, 481.0481, 
481.051, 481.052, 481.055, 481.057, 481.063, 481.065, 481.079, 481.081, 
481.082, 481.083, 481.085, and 481.087; title 43, chapter 482, sections 
482.155, 482.160, 482.162, 482.165, 482.170, 482.171, 482.173, 482.175, 
482.180, 482.1805, 482.181, 482.183, 482.186-482.188, 482.205, 482.206, 
482.208, 482.210, 482.215, 482.216, 482.220, 482.225, 482.230, 482.235, 
482.240, 482.245, 482.255, 482.260, 482.265-482.268, 482.270, 482.2703, 
482.2705, 482.271, 482.2715, 482.2717, 482.272, 482.274, 482.275, 
482.280, 482.2805, 482.2807, 482.281, 482.283, 482.285, 482.290, 
482.385, and 482.565; and title 43, chapter 484, sections 484.644 and 
484.6441, transmitted by letter dated September 9, 2003.
    (51) The following plan revision was submitted on September 24, 2003 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) Regulation R178-01, adopted on July 11, 2002 by the Nevada 
Department of Motor Vehicles (and made effective August 21, 2002): New 
or amended rules in Chapter 445B of the Nevada Administrative Code 
establishing on-board diagnostics systems test procedures for Nevada's 
vehicle inspection and maintenance program.
    (52) The following plan revision was submitted on November 10, 2003 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality Management.
    (1) New or amended Section 53--Oxygenated Gasoline Program, and 
Section 54--Cleaner Burning Gasoline (CBG): Wintertime Program, adopted 
on May 20, 2003 (made effective June 3, 2003).
    (53) The following plan revision was submitted on October 23, 2003, 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality and Environmental 
Management.
    (1) New or amended rules adopted on October 7, 2003 by the Clark 
County Board of County Commissioners: Clark County Air Quality 
Regulations section 0 (Definitions), section 11 (Ambient Air Quality 
Standards), section 12 (Preconstruction Review for New or Modified 
Stationary Sources), excluding subsection 12.2.18 and 12.2.20, section 
58 (Emission Reduction Credits), and section 59 (Emission Offsets), 
excluding subsection 59.2 (``Local Offset Requirements'').
    (54) The following plan revision was submitted on November 20, 2003 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) Nevada Administrative Code section 445B.22083, adopted March 3, 
1994 (effective March 29, 1994), by the State Environmental Commission.
    (55) The following plan revision and regulations were submitted on 
August 5, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Washoe County District Board of Health.
    (1) Rules 040.031 and 040.032, adopted on February 27, 2002.
    (2) Regulation 040.030 adopted on July 26, 2002.
    (56) The following regulations and statutes were submitted on 
January 12, 2006, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) The following sections of the Nevada Air Quality Regulations 
were adopted on the dates listed below and recodified as Chapter 445B of 
the Nevada Administrative Code in November 1994:
    (i) September 16, 1976: 445B.002, 445B.009, 445B.022, 445B.042, 
445B.047, 445B.053, 445B.080, 445B.086, 445B.091,

[[Page 333]]

445B.095, 445B.106, 445B.121, 445B.122, 445B.127, 445B.129, 445B.144, 
445B.161, 445B.163, 445B.167, 445B.174, 445B.176, 445B.185, 445B.198, 
445B.205, 445B.207, 445B.2204, and 445B.2209.
    (ii) November 8, 1977: 445B.168.
    (iii) September 12, 1978: 445B.125.
    (2) The following sections of Chapter 445 of the Nevada 
Administrative Code were adopted on the dates listed below and 
recodified as Chapter 445B of the Nevada Administrative Code in November 
1994:
    (i) August 19, 1982: 445B.004 and 445B.060.
    (ii) September 3, 1987: 445B.018, 445B.030, 445B.051, 445B.072, 
445B.097, 445B.119, 445B.151, and 445B.209.
    (iii) August 29, 1990: 445B.073.
    (iv) November 18, 1991: 445B.135.
    (v) November 3, 1993: 445B.055, 445B.056, and 445B.061.
    (vi) March 3, 1994: 445B.075, 445B.103, 445B.109, and 445B.182.
    (3) The following sections of Chapter 445B of the Nevada 
Administrative Code were adopted on the dates listed below:
    (i) October 3, 1995: 445B.005, 445B.059, 445B.077, 445B.112, 
445B.116, 445B.130, 445B.145, 445B.152, 445B.177, 445B.180, 445B.22037, 
and 445B.227.
    (ii) January 22, 1998: 445B.011, 445B.0425, 445B.058, 445B.22027, 
and 445B.22033.
    (iii) September 9, 1999: 445B.2203 and 445B.22047.
    (iv) May 10, 2001: 445B.113 and 445B.1135.
    (v) September 18, 2001: 445B.006.
    (vi) February 26, 2004: 445B.22067, 445B.2207, and 445B.22097.
    (vii) August 19, 2004: 445B.001, 445B.211, 445B.22043, 445B.2205, 
and 445B.230.
    (viii) October 4, 2005: 445B.22017 (effective April 1, 2006) and 
445B.2202 (effective April 1, 2006).
    (4) Title 40, Chapter 445B of Nevada Revised Statutes (2003): 
Sections 445B.105, 445B.110, 445B.115, 445B.120, 445B.125, 445B.130, 
445B.135, 445B.140, 445B.145, 445B.150, 445B.155, 445B.210, 445B.220, 
445B.225, 445B.235, 445B.245, 445B.275, 445B.280, 445B.300, 445B.320, 
445B.500, 445B.510, 445B.520, 445B.530, 445B.540, 445B.560, and 
445B.595.
    (5) The following sections of the Nevada Air Quality Regulations 
were adopted on the dates listed below and recodified as Chapter 445B of 
the Nevada Administrative Code in November 1994:
    (i) September 16, 1976: 445B.134, 445B.257, 445B.258, 445B.259, 
445B.260, 445B.261, and 445B.263.
    (6) The following sections of Chapter 445 of the Nevada 
Administrative Code were adopted on the dates listed below and 
recodified as Chapter 445B of the Nevada Administrative Code in November 
1994:
    (i) April 26, 1984: 445B.265.
    (ii) November 3, 1993: 445B.084.
    (iii) March 3, 1994: 445B.202.
    (7) The following sections of Chapter 445B of the Nevada 
Administrative Code were adopted on the dates listed below:
    (i) October 3, 1995: 445B.015, 445B.062, and 445B.256.
    (ii) August 22, 2000: 445B.264.
    (iii) September 18, 2003: 445B.262 and 445B.267.
    (iv) October 4, 2005: 445B.063, 445B.153, and 445B.22093.
    (8) Title 40, Chapter 445B of Nevada Revised Statutes (NRS)(2003): 
Sections 445B.200, 445B.205, 445B.230, 445B.240, 445B.340, 445B.350, 
445B.360, 445B.450, 445B.460, 445B.570, 445B.580, 445B.600, 445.610, and 
445.640.
    (9) The following sections of Chapter 445B of the Nevada 
Administrative Code were adopted on the dates listed in paragraph 
(c)(56)(i)(A)(9) of this section:
    (i) September 18, 2003: 445B.252.
    (57) The following plan revision was submitted on February 14, 2006, 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality and Environmental 
Management.
    (1) Carbon Monoxide State Implementation Plan Revision, Las Vegas 
Valley Nonattainment Area, Clark County, Nevada, adopted on October 4, 
2005 by the Clark County Board of Commissioners (with the exception of 
section 7.3 (page 7-2), ``Mobile Source Emissions Budget'').
    (58) The following plan revision was submitted on May 12, 2006, by 
the Governor's designee.
    (i) Incorporation by reference.

[[Page 334]]

    (A) Clark County Department of Air Quality and Environmental 
Management.
    (1) Section 7.3 (page 7-2), ``Mobile Source Emissions Budget'' of 
the Carbon Monoxide State Implementation Plan Revision, Las Vegas Valley 
Nonattainment Area, Clark County, Nevada, adopted on May 2, 2006 by the 
Clark County Board of Commissioners.
    (59) The following statute was submitted on March 24, 2006, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) Title 0, Preliminary Chapter-General Provisions, of Nevada 
Revised Statutes: Section 0.039, effective April 29, 1985.
    (60) The following plan revision was submitted on January 23, 2003, 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality and Environmental 
Management.
    (1) Sections 90 and 92, adopted June 22, 2000 by the Clark County 
Board of Commissioners, and amended on December 17, 2002.
    (61) The following plan revision was submitted on March 26, 2003, by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality and Environmental 
Management.
    (1) Section 93, adopted on June 22, 2000 by the Clark County Board 
of Commissioners and amended on March 4, 2003; Section 94, adopted on 
June 22, 2000 by the Clark County Board of Commissioners and amended on 
March 18, 2003; and, the ``Construction Activities Dust Control 
Handbook'', adopted June 22, 2000 by the Clark County Board of 
Commissioners and amended on March 18, 2003.
    (62) The following plan revision was submitted on December 8, 2006, 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) The following sections of Chapter 445B of the Nevada 
Administrative Code were adopted on September 6, 2006: 445B.134, 
445B.230, 445B.258, 445B.259, and 445B.260.
    (63) New or amended regulations were submitted on May 5, 2006, by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Washoe County District Health Department.
    (1) Rules 010.117, 040.005, and 040.051, revised on February 23, 
2006, and Rule 050.001, adopted on March 23, 2006.
    (64) The following plan was submitted on February 5, 2007 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) Nevada State Implementation Plan for Interstate Transport to 
Satisfy the Requirements of Clean Air Act 110(a)(2)(D)(i) for the 8-hour 
Ozone and PM2.5 NAAQS Promulgated in July 1997 (January 31, 
2007), adopted by the Nevada Division of Environmental Protection on 
February 5, 2007.
    (65) The following plan was submitted on May 30, 2007 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Washoe County District Health Department, Air Quality Management 
Division.
    (1) Maintenance Plan for the Washoe County 8-Hour Ozone Attainment 
Area (April 2007), Washoe County District Health Department, excluding 
appendices.
    (66) The following plan revision was submitted on June 26, 2007 by 
the Governor's designee. All section citations listed below refer to the 
January 2007 codification of chapter 445B of the Nevada Administrative 
Code as published by the Nevada Legislative Counsel Bureau.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) The following section of the Nevada Air Quality Regulations was 
adopted on the date listed below and recodified as Chapter 445B of the 
Nevada Administrative Code in November 1994:
    (i) September 16, 1976, effective date December 4, 1976: 445B.172, 
``Six-Minute Period defined.''
    (2) The following section of Chapter 445 of the Nevada 
Administrative Code

[[Page 335]]

was adopted on the date listed below and recodified as Chapter 445B of 
the Nevada Administrative Code in November 1994:
    (i) November 3, 1993: 445B.190, ``Stop order defined.''
    (3) The following sections of Chapter 445B of the Nevada 
Administrative Code were adopted on the dates listed below:
    (i) October 3, 1995: 445B.225, ``Prohibited conduct: Concealment of 
emissions;'' and 445B.229, ``Hazardous emissions: Order for reduction or 
discontinuance.''
    (ii) August 19, 2004, effective date September 24, 2004: 445B.001, 
``Definitions;'' 445B.22043, ``Sulfur emissions: Exceptions for 
stationary sources;'' and 445B.2205, ``Sulfur emissions: Other processes 
which emit sulfur.''
    (iii) October 4, 2005: 445B.063, ``Excess emissions defined;'' 
445B.153, ``Regulated air pollutant defined;'' 445B.22017, ``Visible 
emissions: Maximum opacity; determination and monitoring of opacity;'' 
445B.2202, ``Visible emissions: Exceptions for stationary sources;'' and 
445B.22093, ``Organic solvents and other volatile compounds.''
    (iv) March 8, 2006: 445B.275, ``Violations: Acts constituting; 
notice;'' and 445B.277, ``Stop orders.''
    (v) September 6, 2006: 445B.220, ``Severability.''
    (4) Nevada Revised Statutes (NRS) (2003), chapter 445B, section 
445B.310 (``Limitations on enforcement of federal and state regulations 
concerning indirect sources'').
    (67) New or amended regulations were submitted on August 20, 2007 by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) Nevada Administrative Code (January 2007 codification by the 
Legislative Counsel Bureau) section 445B.22083, ``Construction, major 
modification or relocation of plants to generate electricity using steam 
produced by burning of fossil fuels;'' and section 445B.250, 
``Notification of Director: Construction, reconstruction and initial 
start-up; demonstration of continuous monitoring system performance;'' 
adopted by the State Environmental Commission on October 4, 2005.
    (68) The following plan revision was submitted on June 3, 1994 by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) State Implementation Plan for a Basic Program for the Inspection 
and Maintenance of Motor Vehicles for the Truckee Meadows Planning Area, 
Nevada (June 1994), including the cover page through page 9.
    (ii) Additional material.
    (A) Nevada Division of Environmental Protection.
    (1) State Implementation Plan for a Basic Program for the Inspection 
and Maintenance of Motor Vehicles for the Truckee Meadows Planning Area, 
Nevada (June 1994), appendix 1, appendix 2 (only the certificate of 
compliance and Nevada attorney general's opinion), and appendices 3, 6, 
8, and 10.
    (69) The following plan revision was submitted on November 4, 2005 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Washoe County District Health Department.
    (1) Rule 040.095, ``Oxygen content of motor vehicle fuel,'' revised 
on September 22, 2005.
    (i) Washoe County District Board of Health Meeting, September 22, 
2005, Public Hearing--Amendments--Washoe County District Board of Health 
Regulations Governing Air Quality Management; to Wit: Rule 040.095 
(Oxygen Content of Motor Vehicle Fuel).
    (2) Redesignation Request and Maintenance Plan for the Truckee 
Meadows Carbon Monoxide Non-Attainment Area (September 2005), excluding 
appendices B, C, and D.
    (70) The following plan revision was submitted on November 2, 2006 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Washoe County District Health Department.
    (1) Basic I/M Performance Standard, excluding appendices A through 
D.
    (i) Washoe County District Board of Health Meeting, September 28, 
2006, Public Hearing--State Implementation Plan (SIP)--``Basic Program--
Inspection and Maintenance (I/M) of Motor Vehicles--Truckee Meadows 
Planning

[[Page 336]]

Area, Nevada;'' to Wit: Basic Inspection and Maintenance (I/M) 
Performance Standard.
    (ii) Additional material.
    (A) Washoe County District Health Department.
    (1) Basic I/M Performance Standard, appendices A through D.
    (71) The following plan revision was submitted on May 11, 2007 by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) New or amended statutes related to mobile sources, including 
Nevada's vehicle inspection and maintenance program in Las Vegas Valley/
Boulder City and Truckee Meadows: Nevada Revised Statutes (2005), 
chapter 365, section 365.060, ``Motor vehicle fuel defined;'' chapter 
366, section 366.060, ``Special fuel defined;'' chapter 445B, sections 
445B.210, ``Powers of Commission,'' 445B.700, ``Definitions,'' 445B.705, 
``Approved inspector defined,'' 445B.710, ``Authorized inspection 
station defined,'' 445B.715, ``Authorized maintenance station defined,'' 
445B.720, ``Authorized station defined,'' 445B.725, ``Commission 
defined,'' 445B.730, ``Evidence of compliance defined,'' 445B.735, 
``Fleet station defined,'' 445B.737, ``Heavy-duty motor vehicle 
defined,'' 445B.740, ``Light-duty motor vehicle defined,'' 445B.745, 
``Motor vehicle defined,'' 445B.747, ``Motor vehicle fuel defined,'' 
445B.750, ``Passenger car defined,'' 445B.755, ``Pollution control 
device defined,'' 445B.757, ``Special fuel defined,'' 445B.758, ``Used 
motor vehicle defined,'' 445B.759, ``Inapplicability to military 
tactical vehicles,'' 445B.760, ``Authority of Commission to prescribe 
standards for emissions from mobile internal combustion engines; 
trimobiles; standards pertaining to motor vehicles to be approved by 
Department of Motor Vehicles,'' 445B.765, ``Information concerning 
program for control of emissions from motor vehicles: Collection, 
interpretation and correlation; public inspection,'' 445B.770, 
``Regulations of Commission: Control of emissions from motor vehicles; 
program for inspection and testing of motor vehicles,'' 445B.775, 
``Regulations of Commission: Requirements for licensing of stations by 
Department of Motor Vehicles,'' 445B.780, ``Program for regulation of 
emissions from heavy-duty motor vehicles; equipment used to measure 
emissions; waiver from requirements of program,'' 445B.785, 
``Regulations of Department of Motor Vehicles: Licensing of stations; 
performance of inspection and issuance of evidence of compliance; 
diagnostic equipment; fee, bond or insurance; informational pamphlet; 
distribution,'' 445B.790, ``Regulations concerning inspection of 
stations; grounds for denial, suspension or revocation of license of 
inspector or station,'' 445B.795, ``Compulsory program for control of 
emissions: Limitations,'' 445B.798, ``Authority of Department of Motor 
Vehicles, in larger counties, to conduct test of emissions from motor 
vehicle being operated on highway,'' 445B.800, ``Evidence of compliance: 
Requirements for registration, sale or long-term lease of used vehicles 
in certain counties,'' 445B.805, ``Evidence of compliance: Exemptions 
from requirements,'' 445B.810, ``State Department of Conservation and 
Natural Resources to provide assistance,'' 445B.815, ``Evidence of 
compliance: Duty of employees and agents of Department of Motor 
Vehicles; submission by owner or lessee of fleet,'' 445B.820, 
``Installation and inspection of pollution control device,'' 445B.825, 
``Exemption of certain classes of motor vehicles; waiver from provisions 
of NRS 445B.770 to 445B.815, inclusive,'' 445B.830, ``Fees to be paid to 
Department of Motor Vehicles; Pollution Control Account; expenditure of 
money in Account; quarterly distributions to local governments; annual 
reports by local governments; grants; creation and duties of advisory 
committee; submission and approval of proposed grants,'' 445B.832, 
``Surcharge for electronic transmission of information: Authority to 
impose; inclusion as separate entry on form certifying emission control 
compliance; definition,'' 445B.834, ``Additional fee for form certifying 
emission control compliance: Retention of portion of fee by station 
performing inspection; definition,'' 445B.835, ``Administrative fine; 
hearing; additional remedies to compel compliance,'' 445B.840, 
``Unlawful acts,'' and 445B.845, ``Criminal penalty; enforcement of 
provisions by peace officer;

[[Page 337]]

mitigation of offense;'' chapter 481, sections 481.019, ``Creation; 
powers and duties,'' 481.023, ``Administration of laws by Department; 
exceptions,'' 481.027, ``General functions of Department of Motor 
Vehicles and Department of Transportation respecting state highways,'' 
481.031, ``Office of Director of Department created,'' 481.035, 
``Director of Department: Appointment; classification; other employment 
prohibited; employment of deputies and staff,'' 481.047, ``Appointment 
of personnel,'' 481.0473, ``Divisions of Department,'' 481.0475, 
``Duties of Administrative Services Division,'' 481.048, ``Division of 
Compliance Enforcement: Appointment and duties of investigators,'' 
481.0481, ``Section for Control of Emissions From Vehicles and 
Enforcement of Matters Related to Use of Special Fuel: Creation; 
appointment and duties of investigators, officers and technicians,'' 
481.051, ``Powers and duties of Director: Generally,'' 481.0515, 
``Powers and duties of Director: References to names of persons in 
documents and records,'' 481.052, ``Powers and duties of Director: 
Adoption of definition of `seasonal resident' by regulation,'' 481.0535, 
``Powers and duties of Director: Expenditure of appropriations to assist 
certain entities to purchase and obtain evidence; receipt and 
safekeeping of money,'' 481.055, ``Department to keep main office in 
Carson City; maintenance of branch offices,'' 481.057, ``Offices of 
Department: Extended hours of operation,'' 481.063, ``Collection and 
deposit of fees for publications of Department and private use of files 
and records of Department; limitations on release and use of files and 
records; regulations,'' 481.065, ``Acceptance of donations for programs 
for traffic safety,'' 481.079, ``Money collected to be deposited in 
Motor Vehicle Fund; exception; dishonored payments; adjustment of 
deposits,'' 481.081, ``Arrearage in tax, fee or assessment administered 
by Department: Department authorized to file certificate; certificate as 
lien; extension of lien,'' 481.082, ``Arrearage in tax, fee or 
assessment administered by Department: Release or subordination of lien; 
certificate issued by Department as conclusive evidence,'' 481.083, 
``Money for administration of chapter; claims,'' and 481.087, 
``Administrative expenses deemed cost of administration of operation of 
motor vehicles on public highways;'' chapter 482, sections 482.029, 
``Electric personal assistive mobility device defined,'' 482.155, 
``Enforcement of provisions of chapter by Department, its officers and 
peace officers,'' 482.160, ``Administrative regulations; branch offices; 
appointment of agents and designation of county assessor as agent; 
compensation of certain agents,'' 482.162, ``Department to adopt 
regulations setting forth criteria for determination of whether person 
is farmer or rancher; presentation of evidence to Department,'' 482.165, 
``Director to provide forms,'' 482.170, ``Records of Department 
concerning registration and licensing,'' 482.171, ``List of registered 
owners to be provided for selection of jury; reimbursement of 
Department,'' 482.173, ``Schedule for retention and disposition of 
certain records of Department,'' 482.175, ``Validity of registration: 
Powers and duties of Department and registered dealers,'' 482.180, 
``Motor Vehicle Fund: Creation: deposits; interest and income; 
dishonored payments; distribution of money collected for basic 
governmental services tax; transfers,'' 482.1805, ``Revolving Account 
for Issuance of Special License Plates: Creation; deposit of certain 
fees; use of money in Account; transfer of excess balance to State 
Highway Fund,'' 482.181, ``Governmental services taxes: Certification of 
amount collected each month; distribution,'' 482.183, ``Motor Vehicle 
Revolving Account: Creation; use; deposits,'' 482.186, ``Certain 
odometers deemed to register mileage reflected on odometer plus 100,000 
miles,'' 482.187, ``Department authorized to enter into written 
agreements for periodic payment of delinquent taxes or fees; 
regulations,'' 482.188, ``Waiver of penalty or interest for failure 
timely to file return or pay tax, penalty or fee in certain 
circumstances,'' 482.205, ``Registration required for certain 
vehicles,'' 482.206, ``Periods of registration for motor vehicles; 
exceptions,'' 482.208, ``Registration of leased vehicles by long-term 
lessor or long-term lessee,'' 482.210, ``Exemptions from registration,'' 
482.215, ``Application for registration,'' 482.216, ``Department may 
authorize

[[Page 338]]

new vehicle dealer to accept applications for registration and transfer 
of registration of new motor vehicles and to issue certificates of 
registration; duties of dealer; prohibited acts; regulations,'' 482.220, 
``Application for specially constructed, reconstructed, rebuilt or 
foreign vehicle; certificate of inspection; charge for inspection,'' 
482.225, ``Collection of sales or use tax upon application for 
registration of certain vehicles purchased outside this State; payment 
of all applicable taxes and fees required for registration; refund of 
tax erroneously or illegally collected,'' 482.230, ``Grounds requiring 
refusal of registration,'' 482.235, ``Registration indexes and records; 
assignment of registration number by registered dealer,'' 482.240, 
``Issuance of certificates of registration and title by Department or 
registered dealer; period of validity of certificate,'' 482.245, 
``Contents of certificates of registration and title,'' 482.255, 
``Placement of certificate of registration; surrender upon demand of 
peace officer, justice of the peace or deputy of Department; limitation 
on conviction,'' 482.260, ``Duties of Department of Motor Vehicles and 
its agents relative to registration of vehicle; issuance of certificate 
of title; fees and taxes,'' 482.265, ``License plates issued upon 
registration; stickers, tabs or other devices issued upon renewal of 
registration; return of plates; fee for and limitations on issuance of 
special license plates,'' 482.266, ``Manufacture of license plates 
substantially similar to license plates issued before January 1, 1982: 
Written request; fee; delivery; duties of Department; retention of old 
plates authorized if requested plates contain same letters and 
numbers,'' 482.267, ``License plates: Production at facility of 
Department of Corrections,'' 482.268, ``License plates: Additional fee 
for issuance; deposit of fee,'' 482.270, ``License plates: General 
specifications; redesign; configuration of special license plates 
designed, prepared and issued pursuant to process of direct application 
and petition,'' 482.2703, ``License plates: Samples; form; fee; 
penalty,'' 482.2705, ``License plates: Passenger cars and trucks,'' 
482.271, ``License plates: Decals; fees,'' 482.2715, ``License plates: 
Registrant entitled to maintain code if continuously renewed; 
exceptions; issuance of replacement plates with same code after 
expiration of registration; fee,'' 482.2717, ``License plates to be 
issued to automobile wreckers and operators of salvage pools,'' 482.272, 
``License plates: Motorcycles,'' 482.274, ``License plates: Trailers,'' 
482.275, ``License plates: Display,'' 482.280, ``Expiration and renewal 
of registration,'' 482.2805, ``Department not to renew registration if 
local authority has filed notice of nonpayment pursuant to NRS 484.444; 
fee for service performed by Department,'' 482.2807, ``Requirements for 
registration if local government has filed notice of nonpayment pursuant 
to NRS 484.444,'' 482.281, ``Authority of Department of Motor Vehicles 
to allow authorized inspection station or authorized station to renew 
certificates of registration; adoption of regulations,'' 482.283, 
``Change of name or place of residence: Notice to Department required; 
timing and contents of notice,'' 482.285, ``Certificates, decals and 
number plates: Illegibility, loss, mutilation or theft; obtaining of 
duplicates or substitutes; fees and taxes,'' 482.290, ``Assignment and 
recording of new number for identification of vehicle if old number 
destroyed or obliterated; fee; penalty for willful defacement, 
alteration, substitution or removal of number with intent to defraud,'' 
482.385, ``Registration of vehicle of nonresident owner not required; 
exceptions; registration of vehicle by person upon becoming resident of 
this State; penalty; taxes and fees; surrender or nonresident license 
plates and registration certificate; citation for violation,'' 482.461 
``Failure of mandatory test of emissions from engines; notification; 
cost of inspection,'' 482.565, ``Administrative fines for violations 
other than deceptive trade practices; injunction or other appropriate 
remedy; enforcement proceedings;'' and chapter 484, sections 484.101, 
``Passenger car defined,'' 484.644, ``Device for control of pollution: 
Use required; disconnection or alteration prohibited; exceptions,'' and 
484.6441, ``Device for control of pollution: Penalty; proof of 
conformity may be required.''

[[Page 339]]

    (2) New or amended rules related to mobile sources, including 
Nevada's vehicle inspection and maintenance program in Las Vegas Valley/
Boulder City and Truckee Meadows: Nevada Administrative Code, chapter 
445B (January 2007 revision by the Legislative Counsel Bureau), sections 
445B.400, ``Scope,'' 445B.401, ``Definitions,'' 445B.403, ``Approved 
inspector defined,'' 445B.4045, ``Authorized inspection station 
defined,'' 445B.405, ``Authorized station defined,'' 445B.408, ``Carbon 
monoxide defined,'' 445B.409, ``Certificate of compliance defined,'' 
445B.4092, ``Certified on-board diagnostic system defined,'' 445B.4096, 
``Class 1 approved inspector defined,'' 445B.097, ``Class 1 fleet 
station defined,'' 445B.098, ``Class 2 approved inspector defined,'' 
445B.4099, ``Class 2 fleet station defined,'' 445B.410, ``CO2 
defined,'' 445B.411, ``Commission defined,'' 445B.413, ``Department 
defined,'' 445B.415, ``Director defined,'' 445B.416, ``Emission 
defined,'' 445B.418, ``EPA defined,'' 445B.419, ``Established place of 
business defined,'' 445B.420, ``Evidence of compliance defined,'' 
445B.421, ``Exhaust emissions defined,'' 445B.422, ``Exhaust gas 
analyzer defined,'' 445B.424, ``Fleet station defined,'' 445B.4247, 
``Gross vehicle weight rating defined,'' 445B.426, ``Heavy-duty motor 
vehicle defined,'' 445B.427, ``Hydrocarbon defined,'' 445B.428, ``Hz 
defined,'' 445B.432, ``Light-duty motor vehicle defined,'' 445B.433, 
``Mini motor home defined,'' 445B.434, ``Motor home defined,'' 445B.435, 
``Motor vehicle defined,'' 445B.440, ``New motor vehicle defined,'' 
445B.442, ``Opacity defined,'' 445B.443, ``Person defined,'' 445B.444, 
``ppm defined,'' 445B.449, ``Smoke defined,'' 445B.450, ``Special mobile 
equipment defined,'' 445B.451, ``Standard defined,'' 445B.4515, ``State 
electronic data transmission system defined,'' 445B.452, ``Tampering 
defined,'' 445B.4525, ``Test station defined,'' 445B.453, ``Truck 
defined,'' 445B.454, ``Used motor vehicle defined,'' 445B.455, ``Van 
conversion defined,'' 445B.4553, ``Vehicle inspection report defined,'' 
445B.4556, ``Vehicle inspection report number defined,'' 445B.456, 
``Severability,'' 445B.460, ``Test station: License required to operate; 
expiration of license; ratings; performance of certain services; 
prohibited acts; location,'' 445B.461, ``Compliance by Federal 
Government, state agencies and political subdivisions,'' 445B.462, 
``Test station: Application for license to operate; inspection of 
premises; issuance of license,'' 445B.463, ``Test station: Grounds for 
denial, revocation or suspension of license; reapplication; permanent 
revocation of license,'' 445B.464, ``Test station: Hearing concerning 
denial, suspension or revocation of license,'' 445B.465, ``Authorized 
station or authorized inspection station: Requirements for bond or 
deposit,'' 445B.466, ``Authorized station or authorized inspection 
station: Liability under bond or deposit; suspension and reinstatement 
of licenses,'' 445B.467, ``Authorized station or authorized inspection 
station: Disbursement, release or refund of bond or deposit,'' 445B.468, 
``Authorized stations and authorized inspection stations: Scope of 
coverage of bond or deposit,'' 445B.469, ``Authorized station or 
authorized inspection station: Posting of signs and placards,'' 
445B.470, ``Test station: Display of licenses; availability of reference 
information,'' 445B.471, ``Test station: Advertising; provision by 
Department of certain informational material for public,'' 445B.472, 
``Test station: Records of inspections and repairs; inspection of place 
of business; audit of exhaust gas analyzers,'' 445B.473, ``Test station: 
Notice of wrongfully distributed or received vehicle inspection reports; 
inventory of vehicle inspection reports,'' 445B.474, ``Test station: 
Failure to employ approved inspector,'' 445B.475, ``Authorized station 
or class 2 fleet station: Requirements for employees,'' 445B.476, ``Test 
station: Willful failure to comply with directive; suspension of 
license; reapplication after revocation of license,'' 445B.478, ``Fleet 
station: Licensing; powers and duties,'' 445B.480, ``Test station: 
Requirements concerning business hours,'' 445B.485, ``Prerequisites to 
licensing,'' 445B.486, ``Examination of applicants for licensing,'' 
445B.487, ``Denial of license,'' 445B.489, ``Grounds for denial, 
suspension or revocation of license,'' 445B.490, ``Hearing on suspension 
or revocation of license,'' 445B.491, ``Temporary suspension or refusal 
to renew license,''

[[Page 340]]

445B.492, ``Duration of suspension; surrender of license,'' 445B.493, 
``Limitation on reapplication after revocation or denial or license; 
surrender of revoked license; permanent revocation of license,'' 
445B.495, ``Contents of license,'' 445B.496, ``Expiration of license,'' 
445B.497, ``Requirements for renewal of license,'' 445B.498, 
``Performance of emission inspection without license prohibited; 
expiration of license; license ratings,'' 445B.4983, ``Issuance of 
access code to approved inspector; use of access code and identification 
number,'' 445B.4985, ``Violations,'' 445B.499, ``Fees,'' 445B.501, 
``Report of change in place of employment or termination of 
employment,'' 445B.502, ``Submission of certificate of employment to 
report change,'' 445B.5049, ``Connection to state electronic data 
transmission system,'' 445B.505, ``Availability of list of approved 
analyzers and their specifications,'' 445B.5052, ``Approved analyzer: 
Use and equipment; deactivation by Department,'' 445B.5055, ``Revocation 
of approval of analyzer,'' 445B.5065, ``Manufacturer of approved 
analyzer: Required warranty,'' 445B.5075, ``Manufacturer of approved 
analyzer: Required services; administrative fine for violations,'' 
445B.575, ``Device to control pollution: General requirement; alteration 
or modification,'' 445B.576, ``Vehicles powered by gasoline or diesel 
fuel: Restrictions on visible emissions and on idling of diesel 
engines,'' 445B.577, ``Devices used on stationary rails: Restrictions on 
visible emissions,'' 445B.578, ``Exceptions to restrictions on visible 
emissions,'' 445B.579, ``Inspection of vehicle: Devices for emission 
control required,'' 445B.580, ``Inspection of vehicle: Procedure for 
certain vehicles with model year of 1995 or older and heavy-duty 
vehicles with model year of 1996 or newer,'' 445B.5805, ``Inspection of 
vehicle: Procedure for light-duty vehicles with model year of 1996 or 
newer,'' 445B.581, ``Inspection of vehicle: Place and equipment for 
performance,'' 445B.5815, ``Inspection of vehicle: Certified on-board 
diagnostic systems,'' 445B.582, ``Repair of vehicle; reinspection or 
testing,'' 445B.583, ``Evidence of compliance: Purpose; records,'' 
445B.584, ``Evidence of compliance: Purchase of vehicle inspection 
report numbers,'' 445B.585, ``Evidence of compliance: Issuance by 
approved inspector,'' 445B.586, ``Evidence of compliance: Return of 
fee,'' 445B.587, ``Test of light-duty motor vehicles powered by diesel 
engines: Equipment for measurement of smoke opacity,'' 445B.588, 
``Testing of light-duty motor vehicles powered by diesel engines: List 
of approved equipment,'' 445B.589, ``Testing of light-duty motor 
vehicles powered by diesel engines: Procedure; certificate of 
compliance; effect of failure; lack of proper fuel cap,'' 445B.5895, 
``Dissemination of list of authorized stations,'' 445B.590, ``Waiver of 
standards for emissions,'' 445B.591, ``Form for registration of vehicle 
in area where inspection of vehicle not required,'' 445B.5915, 
``Requirements for registration of vehicle temporarily being used and 
maintained in another state,'' 445B.592, ``Applicability of certain 
standards for emissions and other requirements,'' 445B.593, ``Evidence 
of compliance required for certain vehicles based in Clark County,'' 
445B.594, ``Evidence of compliance required for certain vehicles based 
in Washoe County,'' 445B.595 (excluding subsection(2)), ``Inspections of 
vehicles owned by State or political subdivisions or operated on federal 
installations,'' 445B.596, ``Standards for emissions,'' 445B.598, 
``Imposition and statement of fee for inspection and testing; listing of 
stations and fees,'' 445B.599, ``Prescription and notice of maximum fees 
for inspections and testing,'' 445B.600, ``Procedure for setting new 
fee,'' 445B.601, ``Concealment of emissions prohibited,'' 445B.6115, 
``Exemption of vehicle from certain provisions,'' 445B.6125, 
``Certification of vehicle for exemption,'' 445B.7015, ``Annual and 
additional inspections,'' 445B.7025, ``Alteration of emission control 
system of vehicle used to conduct inspection,'' 445B.7035, ``Preliminary 
written notice of violation; reinspection of vehicle,'' 445B.7045, 
``Administrative fines and other penalties for certain violations,'' 
445B.727, ``Administrative fines and other penalties,'' and 445B.735, 
``Program for licensure to install, repair and adjust devices for 
control of emissions.''
    (3) Previously approved on July 3, 2008, in paragraph 
(c)(71)(i)(A)(2) of this section and now deleted from the SIP

[[Page 341]]

without replacement: Nevada Administrative Code (NAC) section: 
445B.461(3)(d).
    (4) New or amended rules related to mobile sources, including 
Nevada's vehicle inspection and maintenance program in Las Vegas Valley/
Boulder City and Truckee Meadows: Nevada Administrative Code, chapter 
445B (January 2007 revision by the Legislative Counsel Bureau), 
paragraphs (a), (b), and (c) of subsection (2) of section 445B.595, 
``Inspections of vehicles owned by State or political subdivisions or 
operated on federal installations.''
    (ii) Additional material.
    (A) Nevada Division of Environmental Protection.
    (1) Correspondence dated March 6, 2007 from the Nevada Department of 
Motor Vehicles to the Nevada Division of Environmental Protection 
describing an upgrade to the NV2000 emission analyzer to make emissions 
testing possible on motor vehicles containing a certified on-board 
diagnostic system which uses controller area network communication.
    (72) The following plan revision was submitted on April 1, 2008, by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality and Environmental 
Management.
    (1) Clark County Transportation Conformity Plan (January 2008), 
adopted by the Clark County Board of County Commissioners on January 15, 
2008.

[37 FR 10878, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1470, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1471  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Las Vegas Intrastate......................................           I         IA       III         I          I
Northwest Nevada Intrastate...............................           I        III       III       III        III
Nevada Intrastate.........................................          IA         IA       III       III        III
----------------------------------------------------------------------------------------------------------------


[45 FR 7545, Feb. 4, 1980]



Sec. 52.1472  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Nevada's plan for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act.
    (b) With the exceptions set forth in this subpart, the Administrator 
approves the plan with respect to Part D, Title I of the Clean Air Act, 
as amended in 1977, for the nonattainment areas listed in this 
paragraph.
    (1) Mason Valley/Fernley Area for TSP.
    (2) Lower Reese River Valley/Clovers Area for TSP.
    (3) Carson Desert for TSP.
    (4) Winnemucca Segment for TSP.
    (5) Truckee Meadows for TSP and CO.
    (6) Las Vegas Valley for TSP and CO.
    (7) Lake Tahoe Basin for CO.
    (c) With the exceptions set forth in this subpart, the Administrator 
approves the plan with respect to Part D, Title I of the Clean Air Act, 
as amended in the 1977, for the nonattainment areas listed in this 
paragraph. In addition, continued satisfaction of the requirements of 
Part D for the ozone portion of the State Implementation Plan (SIP) 
depends on the adoption and submittal by January 1, 1981 of reasonably 
available control technology (RACT) requirements for sources covered by 
Control Technique Guidelines (CTG's) published between January 1978 and 
January 1979.
    (1) Truckee Meadows for O3.
    (2) Las Vegas Valley for O3.

[46 FR 21766, Apr. 14, 1981, as amended at 47 FR 27069, June 23, 1982]

[[Page 342]]



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 Standards for sulfur oxides in the Nevada Intrastate 
Region.

[40 FR 5511, Feb. 6, 1975, as amended at 51 FR 40676, Nov. 7, 1986; 72 
FR 32531, June 13, 2007]

[[Page 343]]



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]



Sec. Sec. 52.1480-52.1481  [Reserved]



Sec. 52.1482  Compliance schedules.

    (a)-(b) [Reserved]
    (c) The compliance schedule revisions submitted for the sources 
identified below are disapproved as not meeting the requirement of 
subpart N of this chapter. All regulations cited are air pollution 
control regulations of the State, unless otherwise noted.

----------------------------------------------------------------------------------------------------------------
                Source                         Location           Regulation involved        Date of adoption
----------------------------------------------------------------------------------------------------------------
Jack N. Tedford, Inc.................  Fallon.................  Not given..............  Aug. 14, 1972.
Basic, Inc...........................  Gabbs..................  Article 4..............  Feb. 13, 1973.
                                                                Article 7..............  June 26, 1973.
Duval Corp...........................  Battle Mountain........  Article 5..............  Feb. 13, 1973.
Mohave Generating Station, Southern    Laughlin...............  Clark County, Section    Jan. 11, 1973.
 California Edison Co.                                           16.
                                                                Section 26.............  July 17, 1973.
----------------------------------------------------------------------------------------------------------------


[[Page 344]]


[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) Previously approved on May 14, 1973 and deleted without 
replacement on August 27, 1981: Section 12 (Upset, Breakdown, or 
Scheduled Maintenance).
    (ii) Section 25, Rule 25.1, submitted by the Governor on July 24, 
1979.
    (iii) Section 25, Rules 25.1-25.1.4, submitted by the Governor on 
November 17, 1981.

[49 FR 10259, Mar. 20, 1984, as amended at 69 FR 54019, Sept. 7, 2004]



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 except paragraph (a)(1) 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; 
68 FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003]



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 Sec. 52.26 are hereby incorporated and made a part of the 
applicable plan for the State of Nevada. The provisions of Sec. 52.28 
are hereby incorporated and made a part of the applicable plan for the 
State of Nevada except for that portion applicable to the Clark County 
Department of Air Quality and Environmental Management.
    (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.
    (d) This paragraph (d) is applicable to the Mohave Generating 
Station located in the Las Vegas Intrastate Air Quality Control Region 
(Sec. 81.80 of this chapter).
    (1) Definitions.

[[Page 345]]

    Administrator means the Administrator of EPA or her/his designee.
    Boiler-operating-day shall mean any calendar day in which coal is 
combusted in the boiler of a unit for more than 12 hours. If coal is 
combusted for more than 12 but less than 24 hours during a calendar day, 
the calculation of that day's sulfur dioxide (SO2) emissions 
for the unit shall be based solely upon the average of hourly Continuous 
Emission Monitor System data collected during hours in which coal was 
combusted in the unit, and shall not include any time in which coal was 
not combusted.
    Coal-fired shall mean the combustion of any coal in the boiler of 
any unit. If the Mohave Generating Station is converted to combust a 
fuel other than coal, such as natural gas, it shall not emit pollutants 
in greater amounts than that allowed by paragraph (d) of this section.
    Current owners shall mean the owners of the Mohave Generating 
Station on December 15, 1999.
    Owner or operator means the owner(s) or operator(s) of the Mohave 
Generating Station to which paragraph (d) of this section is applicable.
    Rolling average shall mean an average over the specified period of 
boiler-operating-days, such that, at the end of the first specified 
period, a new daily average is generated each successive boiler-
operating-day for each unit.
    (2) Emission controls and limitations. The owner or operator shall 
install the following emission control equipment, and shall achieve the 
following air pollution emission limitations for each coal-fired unit at 
the Mohave Generating Station, in accordance with the deadlines set 
forth in paragraphs (d) (3) and (4) of this section.
    (i) The owner or operator shall install and operate lime spray dryer 
technology on Unit 1 and Unit 2 at the Mohave Generating Station. The 
owner or operator shall design and construct such lime spray dryer 
technology to comply with the SO2 emission limitations, 
including the percentage reduction and pounds per million BTU in the 
following requirements:
    (A) SO2 emissions shall be reduced at least 85% on a 90-
boiler-operating-day rolling average basis. This reduction efficiency 
shall be calculated by comparing the total pounds of SO2 
measured at the outlet flue gas stream after the baghouse to the total 
pounds of SO2 measured at the inlet flue gas stream to the 
lime spray dryer during the previous 90 boiler-operating-days.
    (B) SO2 emissions shall not exceed .150 pounds per 
million BTU heat input on a 365-boiler-operating-day rolling average 
basis. This average shall be calculated by dividing the total pounds of 
SO2 measured at the outlet flue gas stream after the baghouse 
by the total heat input for the previous 365 boiler-operating-days.
    (C) Compliance with the SO2 percentage reduction emission 
limitation above shall be determined using continuous SO2 
monitor data taken from the inlet flue gas stream to the lime spray 
dryer compared to continuous SO2 monitor data taken from the 
outlet flue gas stream after the baghouse for each unit separately. 
Compliance with the pounds per million BTU limit shall be determined 
using continuous SO2 monitor data taken from the outlet flue 
gas stream after each baghouse. The continuous SO2 monitoring 
system shall comply with all applicable law (e.g., 40 CFR Part 75, or 
such other provisions as may be enacted). The inlet SO2 
monitor shall also comply with the quality assurance-quality control 
procedures in 40 CFR part 75, appendix B.
    (D) For purposes of calculating rolling averages, the first boiler-
operating-day of a rolling average period for a unit shall be the first 
boiler-operating-day that occurs on or after the specified compliance 
date for that unit. Once the unit has operated the necessary number of 
days to generate an initial 90 or 365 day average, consistent with the 
applicable limit, each additional day the unit operates a new 90 or 365 
day (``rolling'') average is generated. Thus, after the first 90 boiler-
operating-days from the compliance date, the owner or operator must be 
in compliance with the 85 percent sulfur removal limit based on a 90-
boiler-operating-day rolling average each subsequent boiler-operating-
day. Likewise, after the first 365 boiler-operating-days from the 
compliance date, the owner or operator must be in compliance with

[[Page 346]]

the .150 sulfur limit based on a 365-boiler-operating-day rolling 
average each subsequent boiler-operating-day.
    (E) Nothing in this paragraph (d) shall prohibit the owner or 
operator from substituting equivalent or superior control technology, 
provided such technology meets applicable emission limitations and 
schedules, upon approval by the Administrator.
    (ii) The owner or operator shall install and operate fabric filter 
dust collectors (also known as FFDCs or baghouses), without a by-pass, 
on Unit 1 and Unit 2 at the Mohave Generating Station. The owner or 
operator shall design and construct such FFDC technology (together with 
or without the existing electrostatic precipitators) to comply with the 
following emission limitations:
    (A) The opacity of emissions shall be no more than 20.0 percent, as 
averaged over each separate 6-minute period within an hour, beginning 
each hour on the hour, measured at the stack.
    (B) In the event emissions from the Mohave Generating Station exceed 
the opacity limitation set forth in paragraph (d) of this section, the 
owner or operator shall not be considered in violation of this paragraph 
if they submit to the Administrator a written demonstration within 15 
days of the event that shows the excess emissions were caused by a 
malfunction (a sudden and unavoidable breakdown of process or control 
equipment), and also shows in writing within 15 days of the event or 
immediately after correcting the malfunction if such correction takes 
longer than 15 days:
    (1) To the maximum extent practicable, the air pollution control 
equipment, process equipment, or processes were maintained and operated 
in a manner consistent with good practices for minimizing emissions;
    (2) Repairs were made in an expeditious fashion when the operator 
knew or should have known that applicable emission limitations would be 
exceeded or were being exceeded. Individuals working off-shift or 
overtime were utilized, to the maximum extent practicable, to ensure 
that such repairs were made as expeditiously as possible;
    (3) The amount and duration of excess emissions were minimized to 
the maximum extent practicable during periods of such emissions;
    (4) All reasonable steps were taken to minimize the impact of the 
excess emissions on ambient air quality; and
    (5) The excess emissions are not part of a recurring pattern 
indicative of inadequate design, operation, or maintenance.
    (C) Notwithstanding the foregoing, the owner or operator shall be 
excused from meeting the opacity limitation during cold startup (defined 
as the startup of any unit and associated FFDC system after a period of 
greater than 48 hours of complete shutdown of that unit and associated 
FFDC system) if they demonstrate that the failure to meet such limit was 
due to the breakage of one or more bags caused by condensed moisture.
    (D) Compliance with the opacity emission limitation shall be 
determined using a continuous opacity monitor installed, calibrated, 
maintained and operated consistent with applicable law (e.g., 40 CFR 
Part 60, or such other provisions as may be enacted).
    (iii) The owner or operator shall install and operate low-
NOX burners and overfire air on Unit 1 and Unit 2 at the 
Mohave Generating Station.
    (3) Emission control construction deadlines. The owner or operator 
shall meet the following deadlines for design and construction of the 
emission control equipment required by paragraph (d)(2) of this section. 
These deadlines and the design and construction deadlines set forth in 
paragraph (d)(4)(iii) of this section are not applicable if the emission 
limitation compliance deadlines of paragraph (d)(4) of this section are 
nonetheless met; or coal-fired units at the Mohave Generating Station 
are not in operation after December 31, 2005; or coal-fired units at the 
Mohave Generating Station are not in operation after December 31, 2005 
and thereafter recommence operation in accordance with the emission 
controls and limitations obligations of paragraph (d)(2) of this 
section.
    (i) Issue a binding contract to design the SO2, opacity 
and NOX control systems for Unit 1 and Unit 2 by March 1, 
2003.
    (ii) Issue a binding contract to procure the SO2, opacity 
and NOX control

[[Page 347]]

systems for Unit 1 and Unit 2 by September 1, 2003.
    (iii) Commence physical, on-site construction of SO2 and 
opacity equipment for Unit 1 and Unit 2 by April 1, 2004.
    (iv) Complete construction of SO2, opacity and 
NOX control equipment and complete tie in for first unit by 
July 1, 2005.
    (v) Complete construction of SO2, opacity and 
NOX control equipment and complete tie in for second unit by 
December 31, 2005.
    (4) Emission limitation compliance deadlines. (i) The owner's or 
operator's obligation to meet the SO2 and opacity emission 
limitations and NOX control obligations set forth in 
paragraph (d)(2) of this section shall commence on the dates listed 
below, unless subject to a force majeure event as provided for in 
paragraph (d)(7) of this section:
    (A) For one unit, January 1, 2006; and
    (B) For the other unit, April 1, 2006.
    (ii) The unit that is to meet the emission limitations by April 1, 
2006 may only be operated after December 31, 2005 if the control 
equipment set forth in paragraph (d)(2) of this section has been 
installed on that unit and the equipment is in operation. However, the 
control equipment may be taken out of service for one or more periods of 
time between December 31, 2005 and April 1, 2006 as necessary to assure 
its proper operation or compliance with the final emission limits.
    (iii) If the current owners' entire (i.e., 100%) ownership interest 
in the Mohave Generating Station is sold either contemporaneously, or 
separately to the same person or entity or group of persons or entities 
acting in concert, and the closing date or dates of such sale occurs on 
or before December 30, 2002, then the emission limitations set forth in 
paragraph (d)(2) of this section shall become effective for one unit 
three years from the date of the last closing, and for the other unit 
three years and three months from the date of the last closing. With 
respect to interim construction deadlines, the owner or operator shall 
issue a binding contract to design the SO2, opacity and 
NOX control systems within six months of the last closing, 
issue a binding contract to procure such systems within 12 months of 
such closing, commence physical, on-site construction of SO2 
and opacity control equipment within 19 months of such closing, and 
complete installation and tie-in of such control systems for the first 
unit within 36 months of the last closing and for the second unit within 
39 months of the last closing.
    (5) Interim emission limits. (i) For the period of time between the 
date of the consent decree (December 15, 1999) and the date on which 
each unit must commence compliance with the final emission limitations 
set forth in paragraph (d)(2) of this section (``interim period''), the 
following SO2 and opacity emission limits shall apply:
    (i) SO2: SO2 emissions shall not exceed 1.0 
pounds per million BTU of heat input calculated on a 90-boiler-
operating-day rolling average basis for each unit;
    (ii) Opacity: The opacity of emissions shall be no more than 30 
percent, as averaged over each separate 6-minute period within an hour, 
beginning each hour on the hour, measured at the stack, with no more 
than 375 exceedances of 30 percent allowed per calendar quarter 
(including any pro rated portion thereof), regardless of reason. If the 
total number of excess opacity readings from the date of the consent 
decree (December 15, 1999) to the time the owner or operator 
demonstrates compliance with the final opacity limit in paragraph (d)(2) 
of this section, divided by the total number of quarters in the interim 
period (with a partial quarter included as a fraction), is equal to or 
less than 375, the owner or operator shall be in compliance with this 
interim limit.
    (6) Reporting. (i) Commencing on January 1, 2001, and continuing on 
a bi-annual basis through April 1, 2006, or such earlier time as the 
owner or operator demonstrates compliance with the final emission limits 
set forth in paragraph (d)(2) of this section, the owner or operator 
shall provide to the Administrator a report that describes all 
significant events in the preceding six month period that may or will 
impact the installation and operation of pollution control equipment 
described in this paragraph, including the status of a full or partial 
sale of the Mohave Generating Station based upon non-confidential 
information. The owner's

[[Page 348]]

or operator's bi-annual reports shall also set forth for the immediately 
preceding two quarters: all opacity readings in excess of 30 percent, 
and all SO2 90-boiler-operating-day rolling averages in BTUs 
for each unit for the preceding two quarters.
    (ii) Within 30 days after the end of the first calendar quarter for 
which the emission limitations in paragraph (d)(2) of this section first 
take effect, but in no event later than April 30, 2006, the owner or 
operator shall provide to the Administrator on a quarterly basis the 
following information:
    (A) The percent SO2 emission reduction achieved at each 
unit during each 90-boiler-operating-day rolling average for each 
boiler-operating-day in the prior quarter. This report shall also 
include a list of the days and hours excluded for any reason from the 
determination of the owner's or operator's compliance with the 
SO2 removal requirement.
    (B) All opacity readings in excess of 20.0 percent, and a statement 
of the cause of each excess opacity reading and any documentation with 
respect to any claimed malfunction or bag breakage.
    (C) Each unit's 365-boiler-operating-day rolling average for each 
boiler-operating-day in the prior quarter following the first full 365 
boiler-operating-days after the .150 pound SO2 limit in 
paragraph (d)(2) of this section takes effect.
    (7) Force majeure provisions. (i) For the purpose of this paragraph 
(d), a ``force majeure event'' is defined as any event arising from 
causes wholly beyond the control of the owner or operator or any entity 
controlled by the owner or operator (including, without limitation, the 
owner's or operator's contractors and subcontractors, and any entity in 
active participation or concert with the owner or operator with respect 
to the obligations to be undertaken by the owner or operator pursuant to 
paragraph (d)), that delays or prevents or can reasonably be anticipated 
to delay or prevent compliance with the deadlines in paragraphs (d)(3) 
and (4) of this section, despite the owner's or operator's best efforts 
to meet such deadlines. The requirement that the owner or operator 
exercise ``best efforts'' to meet the deadline includes using best 
efforts to avoid any force majeure event before it occurs, and to use 
best efforts to mitigate the effects of any force majeure event as it is 
occurring, and after it has occurred, such that any delay is minimized 
to the greatest extent possible.
    (ii) Without limitation, unanticipated or increased costs or changed 
financial circumstances shall not constitute a force majeure event. The 
absence of any administrative, regulatory, or legislative approval shall 
not constitute a force majeure event, unless the owner or operator 
demonstrates that, as appropriate to the approval: they made timely and 
complete applications for such approval(s) to meet the deadlines set 
forth in paragraph (d)(3) of this section or paragraph (d)(4) of this 
section; they complied with all requirements to obtain such approval(s); 
they diligently sought such approval; they diligently and timely 
responded to all requests for additional information; and without such 
approval, the owner or operator will be required to act in violation of 
law to meet one or more of the deadlines in paragraph (d)(3) of this 
section or paragraph (d)(4) of this section.
    (iii) If any event occurs which causes or may cause a delay by the 
owner or operator in meeting any deadline in paragraphs (d) (3) or (4) 
of this section and the owner or operator seeks to assert the event is a 
force majeure event, the owner or operator shall notify the 
Administrator in writing within 30 days of the time the owner or 
operator first knew that the event is likely to cause a delay (but in no 
event later than the deadline itself). The owner or operator shall be 
deemed to have notice of any circumstance of which their contractors or 
subcontractors had notice, provided that those contractors or 
subcontractors were retained by the owner or operator to implement, in 
whole or in part, the requirements of paragraph (d) of this section. 
Within 30 days of such notice, the owner or operator shall provide in 
writing to the Administrator a report containing: an explanation and 
description of the reasons for the delay; the anticipated length of the 
delay; a description of the activity(ies) that will be delayed; all

[[Page 349]]

actions taken and to be taken to prevent or minimize the delay; a 
timetable by which those measures will be implemented; and a schedule 
that fully describes when the owner or operator proposes to meet any 
deadlines in paragraph (d) of this section which have been or will be 
affected by the claimed force majeure event. The owner or operator shall 
include with any notice their rationale and all available documentation 
supporting their claim that the delay was or will be attributable to a 
force majeure event.
    (iv) If the Administrator agrees that the delay has been or will be 
caused by a force majeure event, the Administrator and the owner or 
operator shall stipulate to an extension of the deadline for the 
affected activity(ies) as is necessary to complete the activity(ies). 
The Administrator shall take into consideration, in establishing any new 
deadline(s), evidence presented by the owner or operator relating to 
weather, outage schedules and remobilization requirements.
    (v) If the Administrator does not agree in her sole discretion that 
the delay or anticipated delay has been or will be caused by a force 
majeure event, she will notify the owner or operator in writing of this 
decision within 20 days after receiving the owner's or operator's report 
alleging a force majeure event. If the owner or operator nevertheless 
seeks to demonstrate a force majeure event, the matter shall be resolved 
by the Court.
    (vi) At all times, the owner or operator shall have the burden of 
proving that any delay was caused by a force majeure event (including 
proving that the owner or operator had given proper notice and had made 
``best efforts'' to avoid and/or mitigate such event), and of proving 
the duration and extent of any delay(s) attributable to such event.
    (vii) Failure by the owner or operator to fulfill in any way the 
notification and reporting requirements of this Section shall constitute 
a waiver of any claim of a force majeure event as to which proper notice 
and/or reporting was not provided.
    (viii) Any extension of one deadline based on a particular incident 
does not necessarily constitute an extension of any subsequent 
deadline(s) unless directed by the Administrator. No force majeure event 
caused by the absence of any administrative, regulatory, or legislative 
approval shall allow the Mohave Generating Station to operate after 
December 31, 2005, without installation and operation of the control 
equipment described in paragraph (d)(2) of this section.
    (ix) If the owner or operator fails to perform an activity by a 
deadline in paragraphs (d)(3) or (4) of this section due to a force 
majeure event, the owner or operator may only be excused from performing 
that activity or activities for that period of time excused by the force 
majeure event.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987; 
67 FR 6133, Feb. 8, 2002; 69 FR 54019, Sept. 7, 2004]



Sec. 52.1489  Particulate matter (PM-10) Group II SIP commitments.

    (a) On March 29, 1989, the Air Quality Officer for the State of 
Nevada submitted a revision to the State Implementation Plan for Battle 
Mountain that contains commitments, for implementing all of the required 
activities including monitoring, reporting, emission inventory, and 
other tasks that may be necessary to satisfy the requirements of the PM-
10 Group II SIPs.
    (b) The Nevada Division of Environmental Protection has committed to 
comply with the PM-10 Group II, State Implementation Plan (SIP) 
requirements.

[55 FR 18111, May 1, 1990]



                        Subpart EE_New Hampshire



Sec. 52.1519  Identification of plan--conditional approval.

    (a) The following plan revisions were submitted on the dates 
specified.
    (1) On January 12, 1993, the New Hampshire Department of 
Environmental Services submitted a small business stationary source 
technical and environmental compliance assistance program (PROGRAM). On 
May 19, 1994, New Hampshire submitted a letter deleting portions of the 
January 12, 1993 submittal. In these submissions, the State commits to 
designate a state agency to house the small business ombudsman and to 
submit adequate legal

[[Page 350]]

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) [Reserved]
    (b)-(c) [Reserved]

[59 FR 50506, Oct. 4, 1994, as amended at 59 FR 51517, Oct. 12, 1994; 60 
FR 47290, Sept. 12, 1995; 66 FR 1871, Jan. 10, 2001]



Sec. 52.1520  Identification of plan.

    (a) Title of plan: ``State of New Hampshire Implementation Plan.''
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Miscellaneous non-regulatory additions to the plan correcting 
minor deficiencies submitted on February 23, 1972, by the New Hampshire 
Air Pollution Control Agency.
    (2) Non-regulatory provisions for retention and availability of air 
quality data submitted on March 23, 1972, by the New Hampshire Air 
Pollution Control Agency.
    (3) Attainment dates of national primary and secondary air quality 
standards submitted on August 8, 1972, by the New Hampshire Air 
Pollution Control Agency.
    (4) Revision of regulation No. 5, section 111.A, limiting sulfur 
content of fuels submitted on September 26, 1972, by the New Hampshire 
Air Pollution Control Agency.
    (5) Compliance schedules submitted on February 14, 1973, by the New 
Hampshire Air Pollution Control Agency.
    (6) Compliance schedules submitted on March 22, 1973, by the New 
Hampshire Air Pollution Control Agency.
    (7) Revision exempting steam locomotives from the plan submitted on 
April 3, 1973, by the New Hampshire Air Pollution Control Agency.
    (8) Regulation No. 20 requiring review of indirect sources submitted 
on December 13, 1973, by New Hampshire Air Pollution Control Agency.
    (9) AQMA identification material submitted on May 20, 1974, by the 
New Hampshire Air Pollution Control Agency.
    (10) Miscellaneous revisions to Regulation numbers, 4, 6, 8, 10, 11, 
13, 14, and 17 submitted on June 6, 1974, by the New Hampshire Air 
Pollution Control Agency.
    (11) Revision to Regulation 18, ``Requirements for Recordkeeping at 
Facilities which Discharge Air Contaminants,'' submitted on May 28, 
1975, by the New Hampshire Air Pollution Control Agency.
    (12) Attainment plans to meet the requirements of Part D for carbon 
monoxide for Metropolitan Manchester and ozone for AQCR 121, programs 
for the review of construction and operation of new and modified major 
stationary sources of pollution in both attainment and non-attainment 
areas and certain 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

[[Page 351]]

regulations were submitted on July 8, 1980.
    (17) A comprehensive air quality monitoring plan, intended to meet 
requirements of 40 CFR part 58, was submitted by the New Hampshire Air 
Resource Agency Director on January 30, 1980.
    (18) A plan to attain and maintain the National Ambient Air Quality 
Standard for lead and to amend the state's air quality standards was 
submitted on April 15, 1980. A letter further explaining the state 
procedures for review of new major sources of lead emissions and 
confirming the use of reference methods was submitted on December 9, 
1980 by the Director of the Air Resources Agency.
    (19) Revisions to meet the requirements of Part D and certain other 
sections of the Clean Air Act, as amended, for attaining carbon monoxide 
standards in the City of Manchester which were submitted on January 12, 
1981 and February 18, 1981. The revisions supplement the 1979 CO 
attainment plan (Sec. 52.1520(c)(12)) and include three air quality-
improving transportation projects and a schedule for submitting a plan 
which will demonstrate attainment by no later than December 31, 1987.
    (20) Revisions to meet ozone attainment requirements of Part D (VOC 
Control Regulations) were submitted on August 17, 1981 and are approved 
as follows: Regulations Air 1204.03, 1204.11(d), 1204.12, 1204.13, 
1204.18 and 1204.21.
    (21) Operating permits with compliance schedules for VOC sources 
were submitted May 2, 1980, May 16, 1980, November 20, 1981 and January 
8, 1982. Approved are operating permits for Mobil Oil Corporation; ATC 
Petroleum, Inc.; Velcro USA, Inc.; and Nashua Corporation's facility at 
Nashua.
    (22) Revisions to (i) provide a new format and renumber the SIP 
regulations with associated miscellaneous language changes for purposes 
of consistency; (ii) to delete redundant regulations and definitions; 
(iii) amend several regulations; and (iv) to add additional regulations 
submitted by the New Hampshire Air Resources Commission on June 17, 1982 
and August 31, 1982. The federally-approved regulations of the New 
Hampshire SIP are as follows:

     CHAPTER 100, PART Air 101, Sections Air 101.04-
101.26, 101.28-101.30, 101.32-101.49, 101.51, 101.53-101.56, 101.58-
101.62, 101.64-101.69, 101.74-101.75, 101.77, 101.79-101.89, 101.91-
101.96, 101.98.
     CHAPTER Air 200, PART Air 205.
     CHAPTER Air 300, PARTs Air 301-303.
     CHAPTER Air 400, PARTs Air 401; 402, Sections Air 
402.01, 402.03, 402.04; PARTs Air 403-405.
     CHAPTER Air 600, PARTs Air 601-616.
     CHAPTER Air 700, PARTs Air 701-706.
     CHAPTER Air 800, PARTs Air 801-802.
     CHAPTER Air 900, PARTs Air 901-903.
     CHAPTER Air 1000, PART Air 1001.
     CHAPTER Air 1200, PART Air 1201, Sections 
1201.01-1201.06, 1201.08-1201.11; PARTs Air 1202; 1203; 1204, Sections 
1204.01-1204.16, 1204.18-1204.21; PARTs Air 1205; 1207; 1208.

    (23) Carbon monoxide attainment plan revisions for the City of 
Manchester which meet the requirements of Part D of the Act for 1982 SIP 
revisions. The revisions were submitted on October 5, 1982 and December 
20, 1982 by the New Hampshire Air Resources Agency.
    (24) A revision specifying the State will follow Federal permit 
notice and hearing procedures for applications subject to PSD 
requirements was submitted by the Air Resources Commission on November 
19, 1982.
    (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.

[[Page 352]]

    9. Hoague-Sprague Corp., West Hopkinton.
    10. Public Service Co., Manchester Steam, Manchester.

    (27) Amendments to Regulation Air 1204.02(c), defining 
``equivalent'' to include ``solids-applied basis'' and Air 1204.21(j), 
altering the maximum time for compliance schedule extensions from 
December 31, 1987 to July 1, 1985 were submitted on August 9, 1983. An 
additional regulation, Air 1204.17, ``Emission Standards for 
Miscellaneous Metal Parts and Products'' was submitted on August 17, 
1981.
    (28) Revisions to Air 1204.01, updating the list of volatile organic 
compounds exempted from PART Air 1204, and a revision to Air 101.74, 
`Process weight' were submitted on November 10, 1983.
    (29) Revisions raising the allowable sulfur-in-oil limit to 2.0% for 
five sources excluded from revisions to CHAPTER Air 400, Section 402.02 
(identified at subparagraph (c)(26) above), submitted on November 1, 
1983. The five sources, and the source specific emission limits where 
applicable, are:

    1. International Packings Corp., Bristol.
    2. Velcro USA, Inc., Manchester.
    3. Dartmouth College, Hanover (Limited to a maximum allowable hourly 
production of 164,000 pounds of steam.).
    4. Sprague Energy-Atlantic Terminal Corp., Newington (Limited to 
firing any three of four boilers, or if all four boilers are fired, the 
sulfur content is limited 1.5%.).
    5. Hoague-Sprague Corp., Hopkinton (Limited to firing any one of two 
boilers.)

    (30) Revisions to Air 1201.05 adding paragraph (e), concerning 
hazardous waste incinerators, was submitted on April 9, 1984. Approval 
of this regulation shall not be construed to supercede New Source 
Performance Standards; National Emission Standards for Hazardous Air 
Pollutants; and the regulations controlling emissions from major new or 
modified stationary sources in attainment and non-attainment areas.
    (31) Revisions raising the allowable sulfur-in-oil limit to 2.0% for 
two sources excluded from revisions to CHAPTER Air 400, Section 402.02 
(identified at paragraph (c)(26) of this section), submitted on January 
13, 1984. The two sources, and the source specific restrictions at each, 
are:
    (i) Manchester Steam Station, Public Service Company of N.H., 
Manchester (The auxiliary boiler is allowed to burn 2.0% sulfur oil as 
long as the main boilers remain inactive. If either or both of the main 
boilers are reactivated, the maximum sulfur content of oil burned in any 
boiler shall not exceed 1.7% by weight. In addition, each main boiler 
shall not operate until its stack height is increased to 45 m.)
    (ii) Hinsdale Products Co., Inc., Hinsdale (Limited to a maximum 
hourly fuel firing rate of 213 gallons.)
    (32) A revision submitted on December 22, 1983 which requires Markem 
Corporation to install an incinerator. The installation of the 
incinerator must be completed by July 1, 1985.
    (33) The TSP plan to attain primary standards in Berlin, New 
Hampshire and the administrative order issued May 2, 1984 to the James 
River Corporation which were submitted by the Air Resources Agency on 
May 9, 1984.
    (34) Revisions to Part (Air) 610 of Chapter 600, ``Statewide Permit 
System'' for the preconstruction permitting of new major sources and 
major modifications in nonattainment areas submitted on April 9, 1984 
and September 10, 1984 by the New Hampshire Air Resources Commission.
    (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.

[[Page 353]]

    (37) Revisions to the State Implementation Plan submitted on April 
26, 1985, January 20, 1986 and May 12, 1987 by the Air Resources 
Commission.
    (i) Incorporation by reference.
    (A) Letter dated April 26, 1985 from the New Hampshire Air Resources 
Commission submitting revisions to the State Implementation Plan for EPA 
approval.
    (B) Revisions to New Hampshire Code of Administrative Rules, Part 
Air 704.01, ``Permit Review Fee for Large Fuel Burning Devices,'' Part 
Air 704.02, ``Permit Review Fee for All Other Devices,'' Part Air 
706.01, ``Renewal Review Fee For Large Fuel Burning Devices,'' Part Air 
706.02, ``Renewal Review Fee For All Other Devices,'' Part Air 1202, 
``Fuel Burning Devices,'' effective on December 27, 1984.
    (C) Certification from the State of New Hampshire dated April 26, 
1985.
    (D) Letter from the State of New Hampshire dated January 20, 1986.
    (E) Letter from the State of New Hampshire dated May 12, 1987.
    (38) Approval of a revision to allow the James River Corporation, 
Groveton, to burn oil having a 2.2% sulfur-by-weight limit in accordance 
with previously approved SIP regulation CHAPTER Air 400, Section Air 
402.02, submitted on January 22, 1986. This source was previously 
excluded from revisions pertaining to New Hampshire regulation CHAPTER 
Air 400, Section Air 402.02 (identified at paragraph (c)(26) of this 
section), but New Hampshire has now submitted adequate technical support 
for approval.
    (i) Incorporation by reference.
    (A) The conditions in the following five Permits to Operate issued 
by the State of New Hampshire Air Resources Agency on September 6, 1985, 
to the James River Corporation--Groveton Group: Permit No. PO-B-1550, 
Conditions 5B, 5C, and 5D; Permit No. PO-B-213, Conditions 2 and 5A; 
Permit No. PO-B-214, Conditions 2 and 5A; Permit No. PO-B-215, 
Conditions 2 and 5A; and Permit No. PO-BP-2240, Condition 5B. These 
conditions limit the sulfur-in-fuel content at the James River 
Corporation, Groveton, to 2.2% sulfur by weight.
    (39) Attainment plans for carbon monoxide for the City of Nashua 
including an extension of the attainment date to December 31, 1990 as 
submitted on September 12, 1985, December 3, 1985, October 7, 1986, 
March 6, 1987, May 12, 1987 and October 15, 1987.
    (i) Incorporation by reference. (A) The New Hampshire Code of 
Administrative Rules, Department of Safety, Chapter 900, Emission 
Inspections, Part Saf-M, 901, Part Saf-M 902, Part Saf-M 903, Part Saf-M 
904, Part Saf-M 905, Part Saf-M 906,Part Saf-M 907, Part Saf-M 908, Part 
Saf-M 909, and Part Saf-M 910, effective October 6, 1986.
    (B) Section 715.02 Introductory Text and paragraph (1) of Part Saf-
M-715, and Sec. 716.01 Introductory Text and paragraph (g) of Part Saf-
M-716, submitted to New Hampshire Department of Safety by the State of 
New Hampshire on August 14, 1985.
    (ii) Additional material. (A) A letter from Governor John H. Sununu 
to Michael R. Deland, dated March 6, 1987, committing to take 
legislative measures to convert the Inspection/Maintenance program in 
the Nashua area to the use of computerized emission analyzers in the 
event that the program is found to not be achieving the necessary 
emission reductions.
    (B) Narrative submittals, including an attainment demonstration.
    (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.

[[Page 354]]

    (B) Env-A 802.09 and Env-A 802.10 of the New Hampshire 
Administrative Rules Governing the Control of Air Pollution entitled 
``Continuous Emission Monitoring'' and ``CEM Recordkeeping 
Requirements,'' respectively. These regulations were effective on 
December 27, 1990.
    (ii) Additional materials.
    (A) Nonregulatory portions of the State submittal.
    (42) [Reserved]
    (43) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on November 21, 1989.
    (i) Incorporation by reference.
    (A) Letter form the New Hampshire Air Resources Division dated 
November 21, 1989 submitting a revision to the New Hampshire State 
Implementation Plan.
    (B) Amendments to regulations for the State of New Hampshire's 
Administrative Rules Governing Air Pollution in Chapters Env-A 100, 800, 
900 and 1200 which were effective November 16, 1989.
    (C) Letter from Robert W. Varney, Commissioner of the Department of 
Environmental Services of New Hampshire, to John B. Hammond, Acting 
Director of the New Hampshire Office of Legislative Services, dated 
November 15, 1989, adopting final rules.
    (44) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on September 12, 1990.
    (i) Incorporation by reference.
    Letter from the New Hampshire Air Resources Division dated September 
12, 1990 submitting a revision to the New Hampshire State Implementation 
Plan that withdraws nine source-specific operating permits incorporated 
by reference at 40 CFR 52.1520(c)(21), (c)(25) and (c)(32).
    (ii) Additional materials.
    Letter from the New Hampshire Air Resources Division dated July 2, 
1991 submitting documentation of a public hearing.
    (45) Revisions to the State Implementation Plan consisting of a 
readoption of the Rules Governing the Control of Air Pollution for the 
State of New Hampshire submitted by the New Hampshire Air Resources 
Division on February 12, 1991.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated 
February 12, 1991 submitting revisions to the New Hampshire State 
Implementation Plan.
    (B) The following portions of the Rules Governing the Control of Air 
Pollution for the State of New Hampshire effective on December 27, 1990:

     Chapter Env-A 100: Sections Env-A 101.01-.20, 
101.22-.26, 101.28-.32, 101.34-50, 101.52, 101.54-.57, 101.59-.62, 
101.64-.97 and 101.99.
     Chapter Env-A 200: Parts Env-A 201-205; Part Env-
A 207; Section Env-A 209.05; and Part Env-A 210.
     Chapter Env-A 300: Parts Env-A 301-303.
     Chapter Env-A 400: Part Env-A 401-404; Sections 
Env-A 401-404; Sections Env-A 405.01-.05(b) and 405.06.
     Chapter Env-A 600: Parts Env-A 601-602; Sections 
Env-A 603.01-.02(o) and 603.03(a)-(e); and Parts Env-A 604-616.
     Chapter Env-A 700: Parts Env-A 701-705.
     Chapter Env-A 800: Parts Env-A 801-802; and Part 
Env-A 804.
     Chapter Env-A 900: Parts Env-A 901-903.
     Chapter Env-A 1000: Part Env-A 1001.
     Chapter Env-A 1200: Parts Env-A 1201-1203; 
Sections 1204.01-.11 and 1204.13-.19; Part Env-A 1205; Sections Env-A 
1206.01-.02 and 1206.04-.06; and Parts Env-A 1207-1208.

    (ii) Additional materials.
    (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

[[Page 355]]

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.
    (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.

[[Page 356]]

    (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.
    (D) New Hampshire NOX RACT Order ARD-97-003, concerning 
Crown Vantage, effective September 24, 1997.
    (55)-(56) [Reserved]
    (57) Revision to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on July 27, 1998.
    (i) Incorporation by reference.
    (A) Regulation Chapter Env-A 3200 NOX Budget Trading 
Program adopted and effective on July 17, 1998.
    (ii) Additional materials.
    (A) Letter from the New Hampshire Air Resources Division dated July 
27, 1998 submitting Chapter Env-A 3200 NOX Budget Trading 
Program as a revision to the New Hampshire State Implementation Plan.
    (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.
    (59) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on September 4, 1998 and November 20, 
1998.
    (i) Incorporation by reference.
    (A) New Hampshire Code of Administrative Rules, Part Saf-C 3221A 
``Emission Amendments to Official Motor Vehicle Inspection 
Requirements'' as adopted on November 17, 1998; and Part Saf-C 5800 
``Roadside Diesel Opacity Inspection Program Rules'' as adopted on 
November 17, 1998.
    (ii) Additional material.
    (A) Document entitled ``Alternative New Hampshire Motor Vehicle 
Inspection/Maintenance State Implementation Plan Revision'' dated 
September 4, 1998.
    (B) Letters from the New Hampshire Air Resources Division dated 
September 4, 1998 and November 20, 1998 submitting a revision to the New 
Hampshire State Implementation Plan.
    (60) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division August 6, 2001 and April 26, 1995.
    (i) Incorporation by reference.
    (A) Section 623.01 and sections 623.03 through 623.06 of New 
Hampshire's rule PART Env-A 623 rule entitled, ``Prevention of 
Significant Deterioration (PSD) Of Air Quality Permit Requirements.'' 
This regulation was adopted in the State of New Hampshire on July 23, 
2001.

[[Page 357]]

    (B) New Hampshire's rules PART Env-A 205.03, ``Applications Subject 
to PSD Requirements,'' and PART Env-A 205.04, ``Applications Subject to 
Nonattainment Requirements.'' These regulations were adopted in the 
State of New Hampshire on February 22, 1995 and amended on July 23, 
2001.
    (ii) Additional materials.
    (A) Letter from the New Hampshire Air Resources Division dated 
August 6, 2001 submitting a revision to the New Hampshire State 
Implementation Plan.
    (B) Letter from the New Hampshire Air Resources Division dated April 
26, 1995 submitting a revision to the New Hampshire State Implementation 
Plan.
    (C) Nonregulatory portions of the State submittal.
    (61) Revisions to the State Implementation Plan submitted by the New 
Hampshire Department of Environmental Services on July 9, 1998.
    (i) Additional materials.
    (A) ``New Hampshire Stage II Comparability Analysis,'' prepared by 
the New Hampshire Department of Environmental Services, dated July 1, 
1998.
    (62) Revisions to the State Implementation Plan submitted by the New 
Hampshire Department of Environmental Services on June 7, 1994.
    (i) Additional materials.
    (A) Letter from the New Hampshire Department of Environmental 
Services dated June 7, 1994 submitting a revision to the New Hampshire 
State Implementation Plan.
    (B) ``Clean Fuel Fleet Equivalency Demonstration,'' prepared by the 
New Hampshire Department of Environmental Services, dated May, 1994.
    (63) Revisions to the State Implementation Plan Submitted by the New 
Hampshire Department of Environmental Services on July 10, 1996.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Department of Environmental 
Services dated July 10, 1996 submitting a revision to the New Hampshire 
State Implementation Plan.
    (B) Part Env-A 1502 of Chapter Env-A 1500 of the New Hampshire Code 
of Administrative Rules titled ``Conformity of General Federal 
Actions,'' adopted in the State of New Hampshire on April 25, 1996.
    (64) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on July 27, 1998.
    (i) Incorporation by reference.
    (A) Order ARD 98-001 issued by the New Hampshire Department of 
Environmental Services to Public Service Company of New Hampshire on 
July 17, 1998, with attachments: Discrete emission reduction protocol 
for Public Service of New Hampshire's Schiller Station, Units 4, 5 and 
6, submitted to the New Hampshire Department of Environmental Services 
on April 10, 1998; and Discrete emission reduction protocol for Public 
Service of New Hampshire's Newington Station, Unit 1, submitted to the 
New Hampshire Department of Environmental Services on April 10, 1998.
    (ii) Additional materials.
    (A) Letter from the New Hampshire Air Resources Division dated July 
17, 1998 submitting Final RACT Order 98-001 as a revision to the New 
Hampshire State Implementation Plan.
    (65) Revisions to the State Implementation Plan submitted by the New 
Hampshire Department of Environmental Services on August 16, 1999.
    (i) Incorporation by reference. New Hampshire regulation Chapter 
Env-A 3600, entitled ``National Low Emission Vehicle (National LEV) 
Program'' adopted July 21, 1999.
    (ii) Additional material. Letter from the New Hampshire Department 
of Environmental Services dated August 16, 1999 submitting the Low 
Emission Vehicle program as a revision to the State Implementation Plan.
    (66) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on July 29, 1993 and July 2, 1999.
    (i) Incorporation by reference.
    (A) New Hampshire's PART Env-A 610 ``Additional Requirements in Non-
attainment Areas and the New Hampshire Portion of the Northeast Ozone 
Transport Region'' adopted on May 21, 1993.
    (B) New Hampshire's PART Env-A 622 (Formally Env-A 610) ``Additional 
Requirements in Non-attainment Areas and the New Hampshire Portion of 
the

[[Page 358]]

Northeast Ozone Transport Region'' incorporating the ``Plant-wide 
Source,'' adopted on June 26, 1997.
    (C) New Hampshire's PART Env-A 622 (Formally Env-A 610) ``Additional 
Requirements in Non-attainment Areas and the New Hampshire Portion of 
the Northeast Ozone Transport Region,'' addition of the requirements for 
section 173(a)(4) and (5) of the CAA, adopted on January 29, 1999.
    (D) Letter from the New Hampshire Air Resources Division dated July 
29, 1993 submitting a revision to the New Hampshire State Implementation 
Plan.
    (E) Letter from the New Hampshire Air Resources Division dated July 
2, 1999 submitting a revision to the New Hampshire State Implementation 
Plan.
    (67) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on September 11, 1998.
    (i) Additional materials.
    (A) Letter from the New Hampshire Department of Environmental 
Services dated September 11, 1998 stating a negative declaration for the 
aerospace coating operations Control Techniques Guideline category.
    (68) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on June 28, 1996 and April 15, 2002.
    (i) Incorporation by reference.
    (A) Order ARD-00-001 issued by the New Hampshire DES to Anheuser-
Busch Incorporated, effective April 15, 2002.
    (B) Env-A 1204.27, ``Applicability Criteria and Compliance Options 
for Miscellaneous and Multi-category Stationary VOC Sources,'' effective 
August 21, 1995, is granted full approval for the New Hampshire portion 
of the eastern Massachusetts serious ozone nonattainment area.
    (ii) Additional materials.
    (A) Letter from the DES, dated April 15, 2002, submitting revised 
Anheuser-Busch order to EPA as a SIP revision and withdrawing previous 
submittal for this facility dated June 20, 2000.
    (B) Letter from the DES, dated March 22, 2002, containing 
information on New Filcas of America.

[37 FR 10879, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1520, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



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]

[[Page 359]]



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.

----------------------------------------------------------------------------------------------------------------
                                              SO 2
    Air quality control region     --------------------------    PM 10         NO 2          CO          O 3
                                      Primary     Secondary
----------------------------------------------------------------------------------------------------------------
NH portion Andoscoggin Valley                 a            b            a            a            a            a
 Interstate AQCR 107..............
Central NH Intrastate AQCR 149....            a            b            a            a            a            a
NH portion Merrimack Valley-
 Southern NH Interstate 121:
    Belknap County................            a            b            a            a            a            a
    Sullivan County...............            a            b            a            a            a            a
    Cheshire County...............            a            b            a            a            a            d
    Portmouth-Dover-Rochester area            a            b            a            a            a            e
     (See 40 CFR 81.330)..........
    NH portion Boston-Lawrence-               a            b            a            a            a            f
     Worcester area (See 40 CFR
     81.330)......................
    Manchester area (See 40 CFR               a            b            a            a            a           c
     81.330)......................
----------------------------------------------------------------------------------------------------------------
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. November 15, 1993.
d. November 15, 1995.
e. November 15, 1999.
f. November 15, 2007.


[45 FR 24876, Apr. 11, 1980, as amended at 50 FR 51250, Dec. 16, 1985; 
51 FR 21550, June 13, 1986; 65 FR 71065, Nov. 29, 2000; 67 FR 72575, 
Dec. 6, 2002]



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.

[[Page 360]]

 
  (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.

                                          Table 52.1525--EPA-Approved Rules and Regulations \1\--New Hampshire
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Date
           Title/subject                State citation      adopted     Date approved EPA       Federal Register       52.1520          Explanation
                                         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.
Procedural Rules..................  Env-A 200............    2/17/95  10/28/02.............  67 FR 65710..........  (c)(60)        Approving Env-A
                                                                   &                                                                205.03 & Env-A
                                                             7/23/01                                                                205.04 as amended 7/
                                                                                                                                    23/01.
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.

[[Page 361]]

 
                                                            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.
                                    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.
Statewide Permit System...........  Env-A 600............    5/21/93  7/27/01..............  FR 39104.............  (c)(66)        Part Env-622
                                                             6/26/97                                                                (formally 610)
                                                             1/29/99                                                                Adopted NSR CAA
                                                                                                                                    requirements Adopted
                                                                                                                                    plantwide definition
                                                                                                                                    Adopted CAA sections
                                                                                                                                    173(a)(4) & (5).
Statewide Permitting System.......  Env-A 600............    7/23/01  10/28/02.............  67 FR 65710..........  (c)(60)        Adding Part Env-A
                                                                                                                                    623: New Hampshire's
                                                                                                                                    PSD permit
                                                                                                                                    requirements.
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.

[[Page 362]]

 
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-A                                                                           recordkeeping
                                     901.06.                                                                                        requirements.
                                    CH Air 900, Part Env-   11/13/92  4/9/97...............  62 FR 17092..........  (c)(49)        Adds NOX reporting
                                     A 901, section Env-A                                                                           requirements.
                                     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 Air  CH air 900, Part Env-   11/13/92  3/10/98..............  63 FR 11600..........  (c)(51)        Adds recordkeeping
 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 Control  CH Air 1000..........   12/17/81  3/15/83..............  48 FR 10830..........  (c)(22)        Part Air 1002 is not
 of Open Source Air Pollution.                                                                                                      part of the 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 Control  CH Air 1200..........    6/17/82  3/15/83..............  48 FR 10830..........  (c)(22)        Section Air 1201.07
 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.
Stationary Sources of Volatile      CH air 1204, Part Env-   8/21/95  3/10/98..............  63 FR 11600..........  c(51)          Adds VOC RACT
 Organic Compounds.                  A 1204 (except                                                                                 requirements.
                                     1204.09).                                                                                      Limited approval
                                                                                                                                    only of Env-A
                                                                                                                                    1204.27

[[Page 363]]

 
Applicability Criteria and          Env-A 1204.27........    8/21/95  7/23/02..............  67 FR 48036..........  (c)(68)        Rule fully approved
 Compliance Options for                                                                                                             for the New
 Miscellaneous and Multi-category                                                                                                   Hampshire portion of
 Stationary VOC Sources.                                                                                                            the eastern
                                                                                                                                    Massachusetts
                                                                                                                                    serious ozone
                                                                                                                                    nonattainment area.
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.
Source specific order.............  Order ARD 98-001.....    7/17/98  11/14/00.............  65 FR 68082..........  (c)(64)        Source-specific NOX
                                                                                                                                    RACT order and
                                                                                                                                    discrete emission
                                                                                                                                    reduction protocols
                                                                                                                                    for Public Service
                                                                                                                                    of New Hampshire.
Source Specific Order.............  Order ARD-00-001.....    4/15/02  7/23/02..............  67 FR 48036..........  (c)(68)        VOC RACT for Anheuser-
                                                                                                                                    Busch.
Conformity of General Federal       CH Env-A 1500, Part      4/19/96  8/16/99..............  64 FR 44420..........  (c)(63)        None.
 Actions.                            Env-A 1502.
National Low Emission Vehicle       CH air 3600..........    7/21/99  3/9/00...............  65 FR 12480..........  (c)(65)        Approval of
 Program.                                                                                                                           commitment to
                                                                                                                                    National Low
                                                                                                                                    Emission Vehicle
                                                                                                                                    Program.
NOX Budget Trading Program........  Part Env-A 3200......    7/27/98  11/14/00.............  65 FR 68082..........  (c)(57)        Approval of OTC NOX
                                                                                                                                    budget and allowance
                                                                                                                                    trading program.
Emission Amendments to Official     NHCAR, Part Saf-C       11/17/98  1/10/01..............  66 FR 1871             (c)(59)        Part Saf-C 3221A
 Motor Vehicle Inspection Req.       3221A.                                                                                         ``Emission
                                                                                                                                    Amendments to
                                                                                                                                    Official Motor
                                                                                                                                    Vehicle Inspection
                                                                                                                                    Requirements''
                                                                                                                                    adopted on November
                                                                                                                                    17, 1998;
Roadside Diesel Opacity Inspection  NHCAR, Part Saf-C       11/17/98  1/10/01..............  66 FR 1871             (c)(59)        Part Saf-C 5800
 Program Rules.                      5800.                                                                                          ``Roadside Diesel
                                                                                                                                    Opacity Inspection
                                                                                                                                    Program Rules''
                                                                                                                                    adopted on November
                                                                                                                                    17, 1998.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These regulations are applicable statewide unless otherwise noted in the Explanation 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]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1525, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

[[Page 364]]



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  Control strategy: Carbon monoxide.

    (a) Approval--On February 1, 1999, the New Hampshire Department of 
Environmental Services submitted a revision to the State Implementation 
Plan to remove the Nashua Inspection/Maintenance program for carbon 
monoxide that ceased operating on January 1, 1995. The Nashua 
Inspection/Maintenance was originally approved at Sec. 52.1520(c)(39). 
The Nashua Inspection/Maintenance program was replaced with controls 
consisting of the existing federal Tier 1 emission standards for new 
vehicles and the federal reformulated gasoline program.
    (b) Approval--On February 2, 1999, the New Hampshire Department of 
Environmental Services submitted a request to redesignate the City of 
Manchester 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 
(1990 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 additional information in eight years acknowledging that the 
maintenance plan will remain in effect through the year 2020, as 
required by the Clean Air Act. If the area records a violation of the 
carbon monoxide NAAQS (which must be confirmed by the State), New 
Hampshire will implement one or more appropriate contingency measure(s) 
which are contained in the contingency plan. The menu of contingency 
measures includes the enhanced safety inspection program and New 
Hampshire's low emission vehicle program (NLEV) as contingency measures. 
The redesignation request establishes a motor vehicle emissions budget 
of 55.83 tons per day for carbon monoxide to be used in determining 
transportation conformity for the Manchester area. 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.
    (c) Approval--On February 2, 1999, the New Hampshire Department of 
Environmental Services submitted a request to redesignate the City of 
Nashua 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 
(1990 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 additional information in eight years acknowledging that the 
maintenance plan will remain in effect through the year 2020, as 
required by the Clean Air Act. If the area records a violation of the 
carbon monoxide NAAQS (which must be confirmed by

[[Page 365]]

the State), New Hampshire will implement one or more appropriate 
contingency measure(s) which are contained in the contingency plan. The 
menu of contingency measures includes the enhanced safety inspection 
program and New Hampshire's low emission vehicle program (NLEV) as 
contingency measures. The redesignation request establishes a motor 
vehicle emissions budget of 60.13 tons per day for carbon monoxide to be 
used in determining transportation conformity for the Nashua area. 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.
    (d) Approval--On May 30, 2007, the New Hampshire Department of 
Environmental Services submitted a modification to the Nashua 
maintenance plan approved in paragraph (c) of this section. New 
Hampshire will not conduct CO monitoring in Nashua, but instead commits 
to continue to collect and review CO monitoring data from nearby 
Manchester, NH on an on-going basis. In the event the second highest CO 
concentration in any calendar year monitored in Manchester reaches 75 
percent of the federal 1-hour or 8-hour national ambient air quality 
standard for CO, New Hampshire will, within 9 months of recording such 
concentrations, re-establish a CO monitoring site in Nashua consistent 
with EPA siting criteria, and resume analyzing and reporting those data. 
New Hampshire commits to implement its contingency program in Nashua in 
the event that a CO violation is monitored at the re-established Nashua 
monitoring site at any time during the maintenance period. If the 
Manchester CO monitor measures a violation of the either the federal 1-
hour or 8-hour NAAQS for CO, contingency measures will be implemented in 
Nashua as well, until a re-established CO monitor in Nashua shows that 
the area is in attainment of the CO standard.

[65 FR 71066, Nov. 29, 2000, as amended at 72 FR 51567, Sept. 10, 2007]



Sec. 52.1529  Significant deterioration of air quality.

    New Hampshire's Part Env-A 623, ``Requirements for Prevention of 
Significant Deterioration Permits,'' as submitted on August 6, 2001, is 
approved as meeting the requirements of Subpart 1, Part C, Title I, of 
the Clean Air Act.

[67 FR 65713, Oct. 28, 2002]



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 Sec. Sec. 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).''

[[Page 366]]

Thus, New Hampshire has satisfactorily demonstrated that its regulations 
meet 40 CFR 51.118 and 51.164.

[52 FR 49407, Dec. 31, 1987]



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]



Sec. 52.1534  Control strategy: Ozone.

    (a) Revisions to the State Implementation Plan submitted by the New 
Hampshire Department of Environmental Services on September 27, 1996. 
These revisions are for the purpose of satisfying the rate of progress 
requirement of section 182(c)(2)(B), and the contingency measure 
requirements of section 182(c)(9) of the Clean Air Act, for the 
Portsmouth-Dover-Rochester serious area, and the New Hampshire portion 
of the Boston-Lawrence-Worcester serious area.
    (b) Approval--Revisions to the State Implementation Plan submitted 
by the New Hampshire Department of Environmental Protection on June 1, 
1998. The revisions are for the purpose of satisfying the one-hour ozone 
attainment demonstration requirements of section 182(c)(2)(A) of the 
Clean Air Act, for the Boston-Lawrence-Worcester, MA-NH serious ozone 
nonattainment area. The revision establishes a one-hour attainment date 
of November 15, 2007 for the Boston-Lawrence-Worcester, MA-NH serious 
ozone nonattainment area. This revision establishes motor vehicle 
emissions budgets of 10.72 tons per day of volatile organic compounds 
(VOC) and 21.37 tons per day of nitrogen oxides (NOX) to be 
used in transportation conformity in the New Hampshire portion of the 
Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area.
    (c) Determination of Attainment. Effective March 18, 2008, EPA is 
determining that the Boston-Manchester-Portsmouth (SE), New Hampshire 8-
hour ozone nonattainment area has attained the 8-hour ozone standard. 
Under the provisions of EPA's ozone implementation rule (see 40 CFR 
51.918), this determination suspends 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 for as long as 
the area does not monitor any violations of the 8-hour ozone standard. 
If a violation of the ozone NAAQS is monitored in the Boston-Manchester-
Portsmouth (SE), New Hampshire 8-hour ozone nonattainment area, this 
determination shall no longer apply.
    (d) Approval--Revision to the State Implementation Plan submitted by 
the New Hampshire Department of Environmental Services on May 28, 2008. 
This revision establishes Year 2009 motor vehicle emission budgets of 
15.31 tons per summer day of volatile organic compounds (VOC) and 28.53 
tons per summer day of nitrogen oxides (NOX) to be used in 
transportation conformity in the Boston-Manchester-

[[Page 367]]

Portsmouth (SE), New Hampshire moderate 8-hour ozone nonattainment area.

[67 FR 18497, Apr. 16, 2002, as amended at 67 FR 72576, Dec. 6, 2002; 73 
FR 14388, Mar. 18, 2008; 74 FR 8867, Feb. 27, 2009]



                          Subpart FF_New Jersey



Sec. 52.1570  Identification of plan.

    (a) Title of plan: ``New Jersey State Implementation Plan to meet 
National Air Quality Standards.''
    (b) The plan was officially submitted on January 26, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Miscellaneous non-regulatory additions to the plan submitted on 
April 17, 1972, by the New Jersey Department of Environmental 
Protection.
    (2) List of permits issued to sources allowing them particulate 
emissions in excess of 25 tons per year submitted on May 15, 1972, by 
the New Jersey Department of Environmental Protection.
    (3) Legal opinion of State Attorney General on State's authority to 
make available to the public emission data reported by sources submitted 
on June 23, 1972, by the New Jersey Department of Law and Public Safety.
    (4) Copies of the permits and certificates issued to sources 
exceeding 25 tons per year of particulate emissions submitted on July 6, 
1972, by the New Jersey Department of Environmental Protection.
    (5) Revisions correcting deficiencies in the new source review 
procedure submitted on March 22, 1973, by the Governor.
    (6) Legal opinion of the State Attorney General on the State's 
authority to deny a permit to construct or modify a source submitted on 
April 18, 1973, by the New Jersey Department of Environmental 
Protection.
    (7) Revision to sulfur-in-fuel regulation, section 7:1-3.1 of New 
Jersey Air Pollution Control Code, submitted on November 20, 1973, by 
the New Jersey Department of Environmental Protection.
    (8) Revision to the control of open burning regulation, section 
7:27-2.1 of the New Jersey Air Pollution Control Code, submitted on 
November 19, 1975, by the New Jersey Department of Environmental 
Protection.
    (9) Letter, dated January 16, 1976, from the New Jersey Department 
of Environmental Protection stating that there would be no net increase 
in hydrocarbon emissions as a result of the revisions to N.J.A.C. 7:27-
2.1.
    (10) Regulation entitled: ``Control and Prohibition of Air Pollution 
by Volatile Organic Substances,'' New Jersey Administrative Code 
(N.J.A.C.) 7:27-16.1 et seq., submitted on January 8, 1976 by the New 
Jersey Department of Environmental Protection.
    (11) Technical justification supporting N.J.A.C. 7:27-16 et seq. 
submitted on March 3, 1976.
    (12) Revisions consisting of 16 administrative orders issued 
pursuant to the New Jersey Administrative Code (N.J.A.C.) 7:27-9.5(a) 
and technical support for these orders received on April 27, 1976 from 
the New Jersey Department of Environmental Protection.
    (13) An administrative order directed to Hunt-Wesson Foods, Inc. in 
Bridgeton, Cumberland County and issued pursuant to the New Jersey 
Administrative Code (N.J.A.C.) 7:27-9.5(a), dated June 15, 1976, and 
technical support for this order received by EPA on April 27, 1976, both 
from the New Jersey Department of Environmental Protection.
    (14) Revision to the Permits and Certificates regulation of the New 
Jersey Air Pollution Control Code, N.J.A.C. 7:27-8.1 et seq., submitted 
on June 8, 1976 by the New Jersey Department of Environmental 
Protection.
    (15) Revision consisting of an administrative order issued on 
September 14, 1976 to Owens Illinois, Inc., Cumberland County, New 
Jersey pursuant to the New Jersey Administrative Code (N.J.A.C.) 7:27-
9.5(a) and submitted on September 17, 1976 by the New Jersey Department 
of Environmental Protection.
    (16) A revision submitted by the New Jersey Department of 
Environmental Protection consisting of an October 27, 1976 letter 
indicating the extension, to July 12, 1977, of ``variances'' to the 
provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27-9.1 et 
seq., Sulfur in Fuel, for 18 facilities; and supplemental technical 
information

[[Page 368]]

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.
Kerr Glass Manufacturing Corp.......  Millville City,               2.5
                                       Cumberland County.
Owens Illinois, Inc., Kimble          Vineland City,                2.5
 Products Division.                    Cumberland County.
Leone Industries....................  Bridgeton, Cumberland         2.5
                                       County.
Progresso Food Corp.................  Vineland City,                2.5
                                       Cumberland County.
Bridgeton Dyeing & Finishing Corp...  Bridgeton City,               2.5
                                       Cumberland County.
Vineland Chemical Co................  Vineland City,                2.5
                                       Cumberland County.
Hunt-Wesson Foods, Inc..............  Bridgeton, Cumberland         2.5
                                       County.
Owens Illinois, Inc.................  ......do..............        1.5
------------------------------------------------------------------------

    (18) A revision submitted by the New Jersey Department of 
Environmental Protection consisting of a June 26, 1978 letter indicating 
the extension, to January 12, 1979 or until such time as the State 
places into effect revised permanent sulfur-in-fuel-oil regulations, of 
``variances'' to the provisions of the New Jersey Administrative Code 
(N.J.A.C.) 7:27-9.1 et seq., Sulfur in Fuel, for 17 facilities and 
accompanying supplemental information. The extended ``variances'' 
including all their terms and conditions are made a part of the New 
Jersey State Implementation Plan. The facilities affected by these 
``variances'', their locations, and applicable sulfur-in-fuel-oil 
limitations until January 12, 1979 or until such time as the State 
places into effect and EPA approves revised permanent sulfur-in-fuel-oil 
regulations are as follow:

[[Page 369]]



------------------------------------------------------------------------
                                                               Sulfur in
                                                               fuel oil
               Source                        Location         limitation
                                                               (percent
                                                              by weight)
------------------------------------------------------------------------
National Bottle Corp................  Salem City, Salem             2.0
                                       County.
E. I. du Pont de Nemours & Co.......  Deepwater, Salem              1.5
                                       County.
Heinz--U.S.A........................  Salem City, Salem             2.0
                                       County.
B. F. Goodrich Chemical Co..........  Pedricktown, Salem            1.5
                                       County.
Anchor Hocking Corp.................  Salem City, Salem             2.0
                                       County.
Atlantic City Electric, Deepwater     Penns Grove, Salem            1.5
 Station.                              County.
E. I. du Pont de Nemours & Co.......  Carney's Point, Salem         1.5
                                       County.
Mannington Mills, Inc...............  Salem City, Salem             2.0
                                       County.
Atlantic City Electric, B. L.         Beesley Point, Cape           2.0
 England Station.                      May County.
Kerr Glass Manufacturing Corp.......  Milville City,                2.5
                                       Cumberland County.
Owens Illinois, Inc., Kimble          Vineland City,                2.5
 Products Division.                    Cumberland County.
Leone Industries....................  Bridgeton, Cumberland         2.5
                                       County.
Progresso Food Corp.................  Vineland City,                2.5
                                       Cumberland County.
Bridgeton Dyeing and Finishing Corp.  Bridgeton City,               2.5
                                       Cumberland County.
Vineland Chemical Co................  Vineland City,                2.5
                                       Cumberland County.
Hunt-Wesson Foods, Inc..............  Bridgeton, Cumberland         2.5
                                       County.
Owens Illinois, Inc.................  ......do..............        1.5
------------------------------------------------------------------------

    (19) A revision submitted by the New Jersey Department of 
Environmental Protection on July 6, 1978 consisting of amendments to the 
provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27-10.1 et 
seq., Sulfur in Coal, and accompanying supplemental information.
    (20) A revision consisting of all but one of the sections of the 
revised regulation, N.J.A.C. 7:27-6.1 et seq., submitted by the New 
Jersey Department of Environmental Protection with a March 31, 1977 
cover letter which also transmitted the basis and background document 
and the Report of the Public Hearing. The one section that is not 
approved as submitted by the State is Section 6.5, ``Variances.''
    (21) A revision submitted by the New Jersey Department of 
Environmental Protection on August 10, 1978 consisting of amendments to 
the provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27-9.1 
et seq., Sulfur in Fuels, and accompanying supplemental information.
    (22) A comprehensive revision for nonattainment areas entitled, 
``Proposed New Jersey State Implementation Plan for the Attainment and 
Maintenance of Air Quality Standards,'' submitted, as required by Part D 
of the Clean Air Act, on December 29, 1978 by the New Jersey Department 
of Environmental Protection.
    (23) Supplementary submittals, pertaining to the plan revision for 
nonattainment areas required by Part D of the Clean Air Act, from the 
New Jersey Department of Environmental Protection as follows:

    A package dated April 17, 1979 from the New Jersey Department of 
Environmental Protection to EPA entitled, ``N.J. SIP Supplement 1,'' and 
covering the State's schedule for future actions, expected costs and 
sources of funding, ongoing consultation process, graphical 
representation of reasonable further progress, schedule for promulgation 
of emission offset rule, commitment to adoption of tall stack policy and 
comments on EPA's proposed tall stack policy, discussion and schedule 
for resolution of the Bridgeton particulate downwash problem, summary of 
particulate emissions inventories for non-attainment areas, request for 
extension for submittal of SIP for secondary TSP standard, and expanded 
explanation of current I/M program.
    A Supplement 2 to the proposed SIP revision consisting of a cover 
letter dated June 20, 1979 and four attachments from the New Jersey 
Department of Environmental Protection to EPA covering a proposed 
version of the State's new source review regulation, a discussion of 
reasonable further progress with respect to volatile organic substance 
sources, the design values for ozone in the Metropolitan New York and 
Metropolitan Philadelphia Interstate Air Quality Control Regions, and a 
proposed version of the State's regulation for the control of volatile 
organic substances (VOS).
    A submittal dated July 5, 1979 from the New Jersey Department of 
Environmental Protection to EPA covering the State's draft regulation 
controlling VOS, operating and maintenance procedures for open top tanks 
and surface cleaners covered under the State's draft VOS control 
regulation, and evaporative losses from VOS storage tanks.
    A package consisting of a cover letter dated October 3, 1979 from 
the New Jersey Department of Environmental Protection to EPA and an 
accompanying report covering an analysis of the Bridgeton particulates 
downwash problem and the State's effort to execute memoranda of 
understanding with its Metropolitan Planning Organization.

[[Page 370]]

    A cover letter received by EPA dated October 19, 1979 from the New 
Jersey Department of Environmental Protection together with the State's 
adopted regulation for control of VOS, N.J.A.C. 7:27-16.1 et seq., and 
``Report of Public Hearing and Basis for promulation .
    A package consisting of a letter dated January 9, 1980 from the New 
Jersey Department of Environmental Protection to EPA covering the 
conditions on SIP approval which were listed by EPA in the proposed 
rulemaking notice for the SIP revision and four references covering the 
October 3, 1979 Bridgeton particulates analysis, an updated Bridgeton 
particulates analysis, and an energy analysis of certain VOS controls 
called for in N.J.A.C. 7:27-16.1 et seq. justifying the State's position 
on seasonal variances for certain VOS sources.

    (24) A supplementary submittal, dated February 27, 1980 from the New 
Jersey Department of Environmental Protection consisting of five 
memoranda of understanding among the New Jersey Departments of 
Environmental Protection and Transportation and the following 
metropolitan planning organizations:

Atlantic County Urban Area Transportation Study
Cumberland County Urban Area Transportation Study
Delaware Valley Regional Planning Commission
Philipsburg Urban Area Transportation Study
Wilmington Metropolitan Area Planning Council

    (25) Supplementary submittals, dated March 5, April 9 and April 10 
from the New Jersey Department of Environmental Protection consisting of 
test methods to be used in determining compliance with the provisions of 
N.J.A.C. 7:27-16.1 et seq., ``Control and Prohibition of Air Pollution 
by Volatile Organic Substances.''
    (26) A supplementary submittal, dated April 22, 1980, from the New 
Jersey Department of Environmental Protection and the New Jersey 
Department of Transportation consisting of three documents entitled 
``The Transportation Planning Process in New Jersey,'' ``Summary of 
Financial Resources for Transportation-Air Quality Planning,'' and 
``Program for Selection of Needed Transportation Control Measures, April 
1980.''
    (27) A supplementary submittal dated August 5, 1980 from the New 
Jersey Department of Environmental Protection consisting of revisions to 
Subchapter 18 of the New Jersey Administrative Code, entitled, ``Control 
and Prohibitions of Air Pollution from Ambient Air Quality in 
Nonattainment Areas'' (Emission Offset Rule), N.J.A.C. 7:27-18.1 et seq.
    (28) A supplementary submittal from the State of New Jersey 
Department of Environmental Protection, consisting of an Ambient Air 
Quality Monitoring SIP revision dated August 1.
    (29) A June 30, 1980 submittal by the New Jersey Department of 
Environmental Protection (NJDEP) consisting of an Amended Consent Order 
entered into by NJDEP and the Atlantic City Electric Company. This 
revision to the New Jersey State Implementation Plan establishes a 
construction and testing schedule designed to bring units 1 and 2 at 
Atlantic City Electric Company's B.L. England Generating Station at 
Beesley's Point, New Jersey, into compliance with New Jersey 
Administrative Code (N.J.A.C.) 7:27-3.1 et seq., Control and Prohibition 
of Smoke from Combustion of Fuel; N.J.A.C. 7:27-4.1 et seq., Control and 
Prohibition of Particulates from Combustion of Fuel; and N.J.A.C. 7:27-
10.1 et seq., Sulfur in Coal, by March 31, 1982 and June 1, 1982, 
respectively.
    (30) A supplementary submittal dated April 27, 1981, from the New 
Jersey Department of Environmental Protection consisting of newly 
adopted revisions to a regulation concerning the Control and Prohibition 
of Open Burning, N.J.A.C. 7:27-21 et seq., an Order of Adoption, the 
Report of Public Hearing, and the Basis for the Proposed Amendments.
    (31) A supplementary submittal dated July 8, 1981, from the New 
Jersey Department of Environmental Protection consisting of newly 
adopted revisions to Subchapter 10, Sulfur in Solid Fuels, N.J.A.C. 
7:27-10.1 et seq., an Order of Adoption, the Report of Public Hearing, 
and the Basis for the Proposed Amendments.
    (32) Revisions submitted on March 17, 1982 and April 27, 1982 by the 
New Jersey State Department of Environmental Protection which grant 
``cullet variances'' to furnace number 2 of the Anchor Hocking 
Corporation's Salem

[[Page 371]]

plant and furnaces G, Y, J, K, L, M, R of the Owens-Illinois, Inc. 
Vineland plant. The ``cullet variances'' will remain in effect for up to 
two years from August 10, 1982.
    (33) A revision submitted by the New Jersey Department of 
Environmental Protection on December 16, 1982 consisting of amendments 
to the provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27-
9.1 et seq., Sulfur in Fuels, to provide for ``sulfur dioxide bubbles'' 
and ``clean conversion incentives.''
    (34) Revisions to the New Jersey State Implementation Plan submitted 
on November 23, 1982, January 18, 1983, February 14, 1983, July 11, 
1983, July 28, 1983 and September 26, 1983 by the New Jersey Department 
of Environmental Protection.
    (35) A supplementary submittal dated July 11, 1983, from the 
Department of Environmental Protection consisting of adopted revisions 
to: Subchapter 3--``Control and Prohibition of Smoke from Combustion of 
Fuel,'' dated October 12, 1977, Subchapter 4--``Control and Prohibition 
of Particles from Combustion of Fuel,'' dated October 12, 1977, and 
Subchapter 5--``Prohibition of Air Pollution,'' dated October 12, 1977, 
of Title 7, Chapter 27 of the New Jersey Administrative Code; the 
proposed Regulatory Amendments; the Report of the Public Hearing; and 
the Order of Adoption.
    (36) A revision submitted by the New Jersey Department of 
Environmental Protection to allow U.S. Gypsum Co. temporarily to burn 
fuel oil with a sulfur content of 2.0 percent, by weight, at either 
Boiler 1, 2, or 3 at its Clark, New Jersey 
plant. The New Jersey submittal consists of an April 14, 1983 letter 
transmitting a State issued February 14, 1983 Public Notice and a letter 
dated March 14, 1983 transmitting an Administrative consent order 
detailing procedures to be used by the State to determine compliance. 
This revision will remain in effect until March 31, 1985 or until Boiler 
4 is ready to burn coal, whichever occurs first.
    (37) Three permanently adopted regulations were submitted on January 
27, 1984 and February 1, 1984 regarding the operation of the inspection 
and maintenance program. These regulations pertain specifically to 
operating procedures for private inspection stations (New Jersey 
Administrative Code (N.J.A.C.) 13:20-33.1, 33.2, 33.50, and 33.51.), 
mechanic certification requirements (N.J.A.C. 13:20-32.4, 32.14, and 
32.15), and specifications for exhaust gas analyzers (N.J.A.C. 7:27-
15.1).
    (38) The New Jersey State Implementation Plan for attainment and 
maintenance of the lead standards was submitted on May 1 and August 15, 
1984, and on April 22, April 29, May 17, and July 16, 1985 by the New 
Jersey Department of Environmental Protection.
    (i) Incorporated by reference.
    (A) Revisions to N.J.A.C. 7:27-8, ``Permits and Certificates,'' 
effective April 5, 1985.
    (B) Revisions to N.J.A.C. 7:27-13, ``Ambient Air Quality 
Standards,'' effective June 25, 1985.
    (C) Revisions to N.J.A.C. 7:27-18, ``Control and Prohibition of Air 
Pollution from New or Altered Sources Affecting Ambient Air Quality 
(Emission Offset Rule),'' effective March 11, 1985.
    (D) A July 16, 1985 letter from the Department of Environmental 
Protection; with attachment of letter dated July 15, 1985, contains 
schedules for revising N.J.A.C. 7:27-6, ``Control and Prohibition of 
Particles from Manufacturing Process,'' to incorporate maximum allowable 
emission rates for lead and for adopting a new section, N.J.A.C. 7:27-
19, to govern the combustion of liquid fuels, if necessary.
    (E) ``RACT-plus studies'' to determine strategies to eliminate 
violation of the lead standards in the vicinity of Heubach, Inc., Newark 
and Delco Remy, New Brunswick will be completed by November 1, 1985 and 
control measures will be selected by January 1986.
    (ii) Additional material.
    (A) Narrative submittal of the Lead SIP, including attainment 
demonstration, air quality data and summary of both current and 
projected lead emissions.
    (39) A revision to the plan for attainment of the particulate matter 
standards submitted by the New Jersey Department of Environmental 
Protection on February 21, March 14, and November 18, 1985.

[[Page 372]]

    (i) Incorporation by reference.
    (A) Revisions to N.J.A.C. 7:27-14, ``Control and Prohibition of Air 
Pollution from Diesel-Powered Motor Vehicles,'' effective July 1, 1985.
    (B) Adoption of a new section of N.J.A.C. 7:27B-4 entitled ``Air 
Test Method 4, Testing Procedures for Motor Vehicles,'' effective July 
1, 1985.
    (C) The following sections of N.J.A.C. 16:53 ``Autobus 
Specifications which was effective on October 17, 1983:

Subchapter 3, Autobus Specifications
    3.23 Certificate of Inspection
    3.24 Maintenance and inspection
    3.27 Exhaust Systems
Subchapter 6, Autobus Specifications for Small Bus
    6.15 Exhaust System
    6.21 Certificate of Inspection
    6.30 Maintenance and inspection
Subchapter 7, Specifications for Special Autobus Type Recreational 
Vehicles
    7.14 Exhaust Systems
    7.17 Certificate of Inspection
    7.23 Maintenance and inspection
Subchapter 8, Specifications for Sedan Type Autobuses
    8.15 Exhaust System
    8.22 Certificate of Inspection
    8.25 Maintenance and inspection

    (40) A revision to the New Jersey State Implementation Plan for 
attainment and maintenance of the ozone standards was submitted on April 
22, 1985 by the New Jersey Department of Environmental Protection.
    (i) Incorporated by reference.
    (A) Table 2 in section 18.4(b) of N.J.A.C. 7:27-18, ``Control and 
Prohibition of Air Pollution from New or Altered Sources Affecting 
Ambient Air Quality (Emission Offset Rule),'' effective March 11, 1985.
    (41) A revision to the New Jersey State Implementation Plan (SIP) 
for lead was submitted on December 1, 1986, by the New Jersey Department 
of Environmental Protection.
    (i) Incorporated by reference.
    (A) The following operating permit amendments for the Delco Remy 
facility in New Brunswick:

------------------------------------------------------------------------
         Permit amendment numbers              Permit amendment dates
------------------------------------------------------------------------
286-1166 through 286-1184.................  All permits effective 9/24/
                                             86.
------------------------------------------------------------------------

    (B) The following operating permit amendments for the Heubach Inc. 
facility in Newark:

------------------------------------------------------------------------
         Permit amendment numbers              Permit amendment dates
------------------------------------------------------------------------
286-0523 through 286-0531.................  All permits effective 4/30/
                                             86.
286-0286, 286-0287, 286-0289, 286-0290....  All permits effective 2/26/
                                             86.
------------------------------------------------------------------------

    (ii) Additional material.
    (A) Technical documentation of ambient modeling and monitoring for 
lead in the vicinity of Delco Remy, New Brunswick.
    (B) Technical documentation of ambient modeling and monitoring for 
lead in the vicinity of Heubach Inc., Newark.
    (42) A revision to the New Jersey State Implementation Plan (SIP) 
for lead submitted on July 23, 1987 by the New Jersey Department of 
Environmental Protection (NJDEP) and finalized on September 25, 1987.
    (i) Incorporation by reference.
    (A) A March 4, 1986 Administrative Order and Notice of Civil 
Administrative Penalty Assessment (Log  A860244) from the New 
Jersey Department of Environmental Protection to the United States 
Metals Refining Company (USMR).
    (B) Letter of March 11, 1987 from Greenberg and Prior, attorneys for 
USMR, to Anthony J. McMahon, Department of Environmental Protection, 
Trenton, New Jersey.
    (ii) Additional material.
    (A) July 1987 Modeling Analysis for the Anchor Abrasives facility.
    (B) Summary of public comments and response to comments for the 
revision of the N.J. SIP for lead in the vicinity of USMR.
    (C) USMR's comments on the revised N.J. SIP for lead in the vicinity 
of USMR.
    (43) [Reserved]
    (44) A revision to the State Implementation Plan for Ozone submitted 
on October 13, 1987 by the New Jersey Department of Environmental 
Protection.
    (i) Incorporation by reference.
    Subchapter 2A of chapter 26, title 7 of the New Jersey 
Administrative Code, ``Additional, Specific Disposal Regulations for 
Sanitary Landfills,'' effective June 1, 1987.
    (ii) Additional material.

[[Page 373]]

    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.
    (47) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the motor vehicle inspection and maintenance (I/M) 
program dated March 6, 1987, submitted by the New Jersey Department of 
Environmental Protection (NJDEP).
    (i) Incorporation by reference.
    (A) Amendments to title 7, chapter 27, subchapter 15 of the New 
Jersey Administrative Code, entitled ``Control and Prohibition of Air 
Pollution From Gasoline-Fueled Motor Vehicles,'' effective January 21, 
1985.
    (B) Amendments to title 13, chapter 20, subchapter 28 of the New 
Jersey Administrative Code, entitled ``Enforcement Service Inspection of 
New Passenger Vehicles and New Motorcycles,'' effective January 21, 
1985.
    (ii) Additional material.
    (A) July 24, 1990 letter from David West, NJDEP, to Rudolph 
Kapichak, EPA, submitting the results of the study by Pacific 
Environmental Services on the health risks of performing the fuel inlet 
restrictor inspections.
    (B) July 1, 1990 letter from David West, NJDEP, to Rudolph Kapichak, 
EPA, notifying of the resumption of fuel inlet restrictor inspections.
    (48) A revision submitted on June 3, 1988 by the New Jersey 
Department of Environmental Protection (NJDEP) to revise its 
implementation plan to include revised testing procedures.
    (i) Incorporation by reference: New Jersey Administrative Code 
7:27B-3, ``Air Test Method 3--Sampling and Analytical Procedures for the 
Determination of Volatile Organic Substances from Source Operations,'' 
effective 9/8/86.
    (ii) Additional material: October 15, 1990 letter from William 
O'Sullivan, NJDEP to William S. Baker, EPA.
    (49) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the control of fugitive gasoline vapors resulting from 
the loading of marine transport vessels, dated June 20, 1990, submitted 
by the New Jersey Department of Environmental Protection and Energy 
(NJDEPE).
    (i) Incorporation by reference.
    (A) Amendments to Title 7, Chapter 27, Subchapter 16 of the New 
Jersey Administrative Code, entitled ``Control and Prohibition of Air 
Pollution by Volatile Organic Substances,'' effective February 6, 1989.
    (B) Amendment to Title 7, Chapter 27, Subchapter 16 of the New 
Jersey Administrative Code, entitled ``Control and Prohibition of Air 
Pollution by

[[Page 374]]

Volatile Organic Substances,'' effective December 4, 1989.
    (ii) Additional material.
    (A) June 20, 1990, letter from Anthony J. McMahon, NJDEPE, to Conrad 
Simon, EPA, requesting EPA approval of the amendments to subchapter 16.
    (50) Regulation entitled ``Volatile Organic Substances in Consumer 
Products'' N.J.A.C. 7-27-23.1 et seq., dated July 30, 1990, submitted by 
the New Jersey Department of Environmental Protection and Energy 
(NJDEPE).
    (i) Incorporation by reference: (A) Title 7, Chapter 27, Subchapter 
23 of the New Jersey Administrative Code, entitled ``Volatile Organic 
Substances in Consumer Products'' effective February 21, 1989.
    (B) Amendment to Title 7, Chapter 27, Subchapter 23 of the New 
Jersey Administrative Code, entitled ``Volatile Organic Substances in 
Consumer Products'' effective December 12, 1989.
    (C) Amendment to Title 7, Chapter 27, Subchapter 23 of the New 
Jersey Administrative Code, entitled ``Volatile Organic Substances in 
Consumer Products'' effective August 9, 1990.
    (ii) Additional material: (A) July 30, 1990 letter from Anthony J. 
McMahon, NJDEPE, to Conrad Simon, EPA, requesting EPA approval of 
Subchapter 23.
    (51) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the control of volatile organic compounds from 
stationary sources, dated March 31, 1987, December 7, 1989, and March 
13, 1992, submitted by the New Jersey State Department of Environmental 
Protection and Energy (NJDEPE).
    (i) Incorporation by reference.
    (A) Amendments to Chapter 27, Title 7 of the New Jersey 
Administrative Code Subchapter 16, ``Control and Prohibition of Air 
Pollution by Volatile Organic Substances,'' effective September 22, 
1986,
    (B) Amendments to Chapter 27, Title 7 of the New Jersey 
Administrative Code Subchapter 16, ``Control and Prohibition of Air 
Pollution by Volatile Organic Substances,'' effective June 19, 1989,
    (C) Amendments to Chapter 27, Title 7 of the New Jersey 
Administrative Code: Subchapter 8, ``Permits and Certificates, Hearings, 
and Confidentiality,'' effective March 2, 1992; Subchapter 16, ``Control 
and Prohibition of Air Pollution by Volatile Organic Compounds,'' 
effective March 2, 1992, Subchapter 17, ``Control and Prohibition of Air 
Pollution by Toxic Substances,'' effective March 2, 1992; Subchapter 23, 
``Prevention of Air Pollution by Architectural Coatings and Consumer 
Products,'' effective March 2, 1992; Subchapter 25, ``Control and 
Prohibition of Air Pollution from Vehicular Fuels,'' effective March 2, 
1992; and Subchapter 3, ``Air Test Method 3: Sampling and Analytic 
Procedures for the Determination of Volatile Organic Compounds from 
Source Operations,'' effective March 2, 1992.
    (ii) Additional material.
    (A) March 31, 1987, letter from Jorge Berkowitz, NJDEP, to Conrad 
Simon, EPA requesting EPA approval of the amendments to Subchapter 16.
    (B) December 7, 1989, letter from Anthony McMahon, NJDEP, to Conrad 
Simon, EPA requesting EPA approval of the amendments to Subchapter 16.
    (C) March 13, 1992, letter from Nancy Wittenberg, NJDEPE, to Conrad 
Simon, EPA requesting EPA approval of the amendments to Subchapter 16.
    (52) Amendments submitted on April 21, 1993 by the New Jersey 
Department of Environmental Protection and Energy to New Jersey Air Code 
7:27-25 revising the testing requirements to gasoline providers in New 
Jersey are subject.
    (i) Incorporation by reference:
    (A) Amendments to Chapter 27, Title 7 of the New Jersey 
Administrative Code Subchapter 25, ``Control and Prohibition of Air 
Pollution from Vehicular Fuels,'' effective September 3, 1991.
    (53) A revision to the New Jersey State Implementation Plan (SIP) 
for an Emission Statement Program dated February 19, 1993, submitted by 
the New Jersey Department of Environmental Protection and Energy.
    (i) Incorporation by reference:
    (A) Title 7, Chapter 27, Subchapter 21, of the New Jersey 
Administrative Code entitled, ``Emission Statements,'' effective March 
15, 1993.
    (ii) Additional information:

[[Page 375]]

    (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 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.

[[Page 376]]

    (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.
    (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

[[Page 377]]

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 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.

[[Page 378]]

    (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, 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:

[[Page 379]]

    (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.
    (67) Revision to the New Jersey State Implementation Plan (SIP) for 
ozone, submitting amended New Jersey Ozone Transport Commission--Low 
Emission Vehicle (OTC-LEV) program, Opting into the National Low 
Emission Vehicle (National LEV) Program, dated February 22, 1999, 
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 
March 1, 1999.
    (ii) Additional information: Letter from the New Jersey Department 
of Environmental Protection Commissioner Shinn, dated February 22, 1999, 
submitting a revision to the New Jersey State Implementation Plan for 
the National Low Emission Vehicle program.
    (68) Revisions to the New Jersey State Implementation Plan (SIP) for 
carbon monoxide concerning the oxyfuel program, dated August 7, 1998, 
submitted by the New Jersey State Department of Environmental Protection 
(NJDEP).
    (i) Incorporation by reference: Amendments to Title 7, Chapter 27 of 
the New Jersey Administrative Code Subchapter 25, ``Control and 
Prohibition of Air Pollution by Vehicular Fuels,'' effective August 17, 
1998 (as limited in section 52.1605).
    (69) A revision to the State Implementation Plan submitted on April 
26, 1999 and supplemented on July 31, 2000 by the New Jersey Department 
of Environmental Protection that establishes the NOX Budget 
Trading Program.
    (i) Incorporation by reference:
    (A) Title 7, Chapter 27, Subchapter 31, of the New Jersey 
Administrative code entitled ``NOX Budget Program'' adopted 
on June 17, 1998, and effective on July 20, 1998.
    (ii) Additional information.
    (A) Letter from the New Jersey Department of Environmental 
Protection dated April 26, 1999, submitting the NOX Budget 
Trading Program as a revision to the New Jersey State Implementation 
Plan for ozone.
    (B) Letter from the New Jersey Department of Environmental 
Protection dated July 29, 1999, committing to correcting the violation 
definition deficiency within one year of EPA's final action.
    (C) Letter from the New Jersey Department of Environmental 
Protection dated July 31, 2000, supplementing the April 26, 1999 SIP 
submittal with the amended violation provisions.
    (D) Guidance for Implementation of Emissions Monitoring Requirements 
for the NOX Budget Program, dated January 28, 1997.
    (E) NOX Budget Program Monitoring Certification and 
Reporting Requirements, dated July 3, 1997.
    (F) Electronic Data Reporting, Acid Rain/NOX Budget 
Program, dated July 3, 1997.
    (G) Measurement Protocol for Commercial, Industrial and Residential 
Facilities, April 28, 1993.
    (70) Revisions to the State Implementation Plan submitted on 
December 10, 1999 and July 31, 2000 by the State of New Jersey 
Department of Environmental Protection that establishes the 
NOX Budget Trading Program, a 2007 Statewide NOX 
emissions budget, and a commitment by New Jersey to comply with the 
section 51.122 reporting requirements.
    (i) Incorporation by reference:
    (A) Regulation Subchapter 31 of Title 7, Chapter 27 of the New 
Jersey Administrative Code, entitled ``NOX Budget Program,'' 
adopted on July 31, 2000 and effective on August 21, 2000.
    (ii) Additional material:
    (A) Letter from State of New Jersey Department of Environmental 
Protection dated December 10, 1999, requesting EPA approval of the Ozone 
SIP, entitled ``State Implementation Plan (SIP) Revision for the 
Attainment and Maintenance of the Ozone and Carbon Monoxide National 
Ambient Air Quality Standards; Meeting the Requirements of the Regional 
NOX Cap Program and Transportation Conformity

[[Page 380]]

Budgets Related to the Attainment of the Ozone and Carbon Monoxide 
National Ambient Air Quality Standards; December 1, 1999,'' as a 
revision to the State of New Jersey Implementation Plan for ozone.
    (B) Letter from State of New Jersey Department of Environmental 
Protection dated July 31, 2000, requesting EPA approval of the 
NOX Budget Program as a revision to the New Jersey State 
Implementation Plan for ozone. This submittal also contains 2007 State-
wide NOX emissions budget information that is supplemental to 
the December 10, 1999 SIP submittal.
    (71) Revisions to the New Jersey State Implementation Plan (SIP) 
concerning the Enhanced Inspection and Maintenance Program, submitted on 
August 20, 2001 by the New Jersey State Department of Environmental 
Protection (NJDEP).
    (i) Incorporation by reference:
    (A) Amendments to Title 7, Chapter 27 of the New Jersey 
Administrative Code (NJAC) Subchapter 15, ``Control and Prohibition of 
Air Pollution From Gasoline-Fueled Motor Vehicles,'' effective November 
15, 1999.
    (B) Amendments to Title 7, Chapter 27B of the NJAC Subchapter 4, 
``Air Test Method 4: Testing Procedures for Motor Vehicles,'' effective 
November 15, 1999.
    (C) Amendments to Title 13, Chapter 20 of the NJAC Subchapter 28, 
``Inspection of New Motor Vehicles'' (Sections: 28.3, 28.4, 28.6), 
effective December 6, 1999.
    (D) Title 13, Chapter 20 of the NJAC: Subchapter 7, ``Vehicle 
Inspection'' (Sections: 7.1, 7.2, 7.3, 7.4, 7.5, 7.6); Subchapter 24, 
``Motorcycles'' (Section: 24.20); Subchapter 26, ``Compliance With 
Diesel Emission Standards and Equipment, Periodic Inspection Program for 
Diesel Emissions, and Self-Inspection of Certain Classes of Motor 
Vehicles'' (Section: 26.16); Subchapter 29, ``Mobile Inspection Unit'' 
(Sections: 29.1, 29.2, 29.3); Subchapter 32, ``Inspection Standards and 
Test Procedures To Be Used By Official Inspection Facilities''; 
Subchapter 33, ``Inspection Standards and Test Procedures To Be Used By 
Licensed Private Inspection Facilities''; Subchapter 43, ``Enhanced 
Motor Vehicle Inspection and Maintenance Program''; Subchapter 44, 
``Private Inspection Facility Licensing''; and Subchapter 45, ``Motor 
Vehicle Emission Repair Facility Registration'', effective December 6, 
1999.
    (E) Title 13, Chapter 21 Subchapter 5, ``Registrations'' (Section: 
5.12) and Subchapter 15, ``New Jersey Licensed Motor Vehicle Dealers'' 
(Section: 15.7), effective December 6, 1999.
    (72) Revisions to the New Jersey State Implementation Plan (SIP) 
concerning the Enhanced Inspection and Maintenance Program, submitted on 
December 3, 2002 by the New Jersey State Department of Environmental 
Protection (NJDEP).
    (i) Incorporation by reference:
    (A) New Jersey Revised Statutes.
    (1) Public Law 2002, Chapter 34, paragraph 15 amending N.J.S.A. 
39:8-2.c, enacted on July 1, 2002.
    (73) Revisions to the State Implementation Plan submitted by the New 
Jersey Department of Environmental Protection on January 21, 1998, June 
12, 1998 and April 26, 1999; and a letter which notified EPA of a 
revised permit limit submitted by the New Jersey Department of 
Environmental Protection on February 21, 2001.
    (i) Incorporation by reference:
    (A) Conditions of Approval Documents (COAD) or modified prevention 
of significant deterioration (PSD) permit: The following facilities have 
been issued COADs or modified PSD permit by New Jersey:
    (1) American Ref-Fuel Company/Essex County Resource Recovery 
Facility, Newark, Essex County, NJ PSD permit modification dated July 
29, 1997. Incorporation by reference includes only the NOX 
emission limits in section A.6 of the July 29, 1997 PSD permit.
    (2) Co-Steel Corporation's (formerly New Jersey Steel Corporation) 
electric arc furnace/melt shop and billet reheat furnace, Sayreville, 
Middlesex County, NJ COAD approval dated September 3, 1997.
    (3) Co-Steel Raritan Corporation's electric arc furnace/ladle 
metallurgy system and billet reheat furnace, Perth Amboy, Middlesex 
County, NJ COAD approval dated June 22, 1998.
    (4) Homasote Company's natural gas dryer (wet fibreboard mat dryer), 
West

[[Page 381]]

Trenton, Mercer County, NJ COAD approval dated October 19, 1998.
    (5) Milford Power Limited Partnership's combined cycle cogeneration 
facility, Milford, Hunterdon County, NJ COAD approval dated August 21, 
1997.
    (6) University of Medicine and Dentistry of New Jersey's 
cogeneration units and Cleaver Brooks non-utility boilers, Newark, Essex 
County, NJ COAD dated June 26, 1997.
    (7) Roche Vitamins Inc's cogeneration facility and Boiler No. 1, 
Belvidere, Warren County, NJ COAD dated June 10, 1998. The cogeneration 
facility consists of one reciprocal engine (21.5 MW) and one heat 
recovery steam generator (HRSG) equipped with a duct burner (Boiler No. 
6).
    (8) Township of Wayne, Mountain View Water Pollution Control 
Facility's sewage sludge incinerators, Passaic County, NJ permit 
revision dated December 21, 2000.
    (ii) Additional information--Documentation and information to 
support NOX RACT facility-specific emission limits, 
alternative emission limits, or repowering plan in three SIP revisions 
addressed to Regional Administrator Jeanne M. Fox from New Jersey 
Commissioner Robert C. Shinn, Jr. and one letter addressed to Acting 
Regional Administrator William J. Muszynski from Dr. Iclal Atay, Chief 
Bureau of Air Quality Engineering dated:
    (A) January 21, 1998 SIP revision for two sources,
    (B) June 12, 1998 SIP revision for one source,
    (C) April 26, 1999 SIP revision for four sources,
    (D) February 21, 2001 for a revised permit limit for one source.
    (74) Revisions to the State Implementation Plan submitted on June 4, 
2003 and January 6, 2004 by the State of New Jersey Department of 
Environmental Protection that establishes control programs for mobile 
equipment repair and refinishing operations, solvent cleaning operations 
and refueling of motor vehicles at gasoline service stations.
    (i) Incorporation by reference:
    (A) Regulation Subchapter 16 of Title 7, Chapter 27 of the New 
Jersey Administrative Code, entitled ``Control and Prohibition of Air 
Pollution from Volatile Organic Compounds,'' adopted on April 30, 2003 
and effective on June 29, 2003.
    (ii) Additional material:
    (A) Letter from State of New Jersey Department of Environmental 
Protection dated June 4, 2003, requesting EPA approval of a revision to 
the Ozone SIP which contains amendments to the Subchapter 16 ``Control 
and Prohibition of Air Pollution from Volatile Organic Compounds.''
    (B) Letter from State of New Jersey Department of Environmental 
Protection dated January 6, 2004 providing a compiled version of 
Subchapter 16 which include the amendments.
    (75) Revisions to the State Implementation Plan submitted on January 
23, 2003 by the State of New Jersey Department of Environmental 
Protection for the purpose of enhancing an existing Emission Statement 
Program for stationary sources in New Jersey. The SIP revision was 
submitted by New Jersey to satisfy the Clean Air Act requirements for 
stationary sources to report annually to the State on their emissions of 
volatile organic compounds (VOC), oxides of nitrogen (NOX) 
and carbon monoxide (CO), in order for the State to make this data 
available to EPA and the public.
    (i) Incorporation by reference:
    (A) Amended Regulation Subchapter 21 of Title 7, Chapter 27 of the 
New Jersey Administrative Code, entitled ``Emission Statements,'' 
adopted on January 23, 2003 and effective on February 18, 2003.
    (ii) Additional material:
    (A) Letter from State of New Jersey Department of Environmental 
Protection dated January 23, 2003, requesting EPA approval of a revision 
to the Ozone and CO SIP which contains amendments to the Subchapter 21 
``Emission Statements.''
    (76) Revisions to the New Jersey State Implementation Plan (SIP) 
concerning the Enhanced Inspection and Maintenance Program, submitted on 
August 13, 2003 by the New Jersey Department of Environmental Protection 
(NJDEP).
    (i) Incorporation by reference:
    (A) Title 13, Chapter 20 of the NJAC: Subchapter 7, ``Vehicle 
Inspections''

[[Page 382]]

(Section: 7.1); Subchapter 26, ``Compliance With Diesel Emission 
Standards and Equipment, Periodic Inspection Program for Diesel 
Emissions, and Self-Inspection of Certain Classes of Motor Vehicles'' 
(Sections: 26.2, 26.16); Subchapter 28, ``Inspection of New Motor 
Vehicles'' (Section 28.3); Subchapter 29, ``Mobile Inspection Unit'' 
(Section: 29.2); Subchapter 32, ``Inspection Standards and Test 
Procedures To Be Used By Official Inspection Facilities''; Subchapter 
33, ``Inspection Standards and Test Procedures To Be Used By Licensed 
Private Inspection Facilities''; Subchapter 43, ``Enhanced Motor Vehicle 
Inspection and Maintenance Program''; Subchapter 44, ``Private 
Inspection Facility Licensing''; and Subchapter 45, ``Motor Vehicle 
Emission Repair Facility Registration,'' effective May 19, 2003.
    (ii) Additional material:
    (A) Letter from State of New Jersey Department of Environmental 
Protection dated August 13, 2003, requesting EPA approval of a revision 
to the Enhanced Inspection and Maintenance Program SIP which contains 
amendments to the Subchapter 16 ``Control and Prohibition of Air 
Pollution from Volatile Organic Compounds.''
    (77) Revisions to the State Implementation Plan submitted by the New 
Jersey Department of Environmental Protection on July 1, 1999 and 
supplemented on September 12, 2002, September 26, 2002, April 3, 2003 
and May 8, 2003.
    (i) Incorporation by reference:
    Conditions of Approval Document: Conditions of Approval Document 
issued by New Jersey on July 1, 1999 to Repauno Products, LLC's sodium 
nitrite manufacturing plant, Gibbstown, Gloucester County.
    (ii) Additional information--Documentation and information to 
support NOX RACT facility-specific emission limits in SIP 
revision addressed to Regional Administrator Jeanne M. Fox from New 
Jersey Commissioner Robert C. Shinn, Jr.:
    (A) July 1, 1999 SIP revision,
    (B) September 12, 2002, September 26, 2002, April 3, 2003 and May 8, 
2003 supplemental information to the SIP revision,
    (C) May 14, 2004 commitment letter from New Jersey.
    (78) Revisions to the State Implementation Plan submitted on July 
28, 2004 by the State of New Jersey Department of Environmental 
Protection that establishes an expanded control program for 
architectural coatings.
    (i) Incorporation by reference:
    (A) Regulation Subchapter 23 of Title 7, Chapter 27 of the New 
Jersey Administrative Code, entitled ``Prevention of Air Pollution From 
Architectural Coatings,'' adopted on May 21, 2004 and effective on July 
20, 2004.
    (ii) Additional material:
    (A) Letter from State of New Jersey Department of Environmental 
Protection dated July 28, 2004, requesting EPA approval of a revision to 
the Ozone SIP which contains amendments to the Subchapter 23 
``Prevention of Air Pollution From Architectural Coatings.''
    (79) Revisions to the State Implementation Plan submitted on June 
22, 2004 by the State of New Jersey Department of Environmental 
Protection that establishes an expanded control program for consumer 
products including portable fuel containers.
    (i) Incorporation by reference:
    (A) Regulation Subchapter 24 of Title 7, Chapter 27 of the New 
Jersey Administrative Code, entitled ``Prevention of Air Pollution From 
Consumer Products,'' adopted on April 7, 2004 and effective on June 6, 
2004.
    (ii) Additional material:
    (A) Letter from State of New Jersey Department of Environmental 
Protection dated June 22, 2004, requesting EPA approval of a revision to 
the Ozone SIP which contains amendments to the Subchapter 24 
``Prevention of Air Pollution From Consumer Products.''
    (80) Revision to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the control of nitrogen oxides from the Schering 
Corporation's CoGEN II cogeneration facility located in Union County 
submitted by the New Jersey Department of Environmental Protection 
(NJDEP), dated March 31, 2005.
    (i) Incorporation by reference:
    (A) Conditions of Approval, Alternative Maximum Emission Rate For

[[Page 383]]

NOX, Schering Corporation, Union, Union County, New Jersey 
facility identification number 40084 approved March 9, 2005.
    (81) Revisions to the State Implementation Plan for ozone dated 
December 16, 2005 by the State of New Jersey Department of Environmental 
Protection (NJDEP) that establishes revised control measures for 
achieving additional reductions of NOX emissions from 
stationary combustion sources.
    (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 October 17, 2005 and Title 7, 
Chapter 27, Subchapter 16 of the New Jersey Administrative Code entitled 
``Control and Prohibition of Air Pollution by Volatile Organic 
Compounds,'' effective October 17, 2005.
    (ii) Additional information:
    (A) December 16, 2005 letter from Commissioner Bradley M. Campbell, 
NJDEP, to Alan J. Steinberg, EPA, requesting EPA approval of revisions 
to Subchapters 8, 16, 19, and 22.
    (82) Revisions to the State Implementation Plan submitted on June 2, 
2006, by the New Jersey Department of Environmental Protection which 
consists of the adoption of California's second generation Low Emission 
Vehicle (LEV) program.
    (i) Incorporation by reference:
    (A) Regulation Subchapter 29 of Title 7, Chapter 27 of the New 
Jersey Administrative Code, entitled ``Low Emission Vehicle (LEV) 
Program,'' except sections 29.6, 29.7, and 29.13(g) (incorporation by 
reference of Title 13, Chapter 1, Article 2, Sections 1961.1 and 1962 of 
the California Code of Regulations only), adopted on November 28, 2005.
    (83) Revisions to the State Implementation Plan and submitted on 
February 6, 2007 as proposed, and subsequently adopted and submitted on 
July 9, 2007 by the State of New Jersey Department of Environmental 
Protection (NJDEP) that establishes rules for the allowance allocation 
of oxides of nitrogen (NOX) for the annual and ozone season 
Clean Air Interstate Rule (CAIR) NOX Cap and Trade Programs. 
The submission also establishes a date when the CAIR NOX 
Trading Programs will replace the State's NOX Budget Program, 
and satisfies New Jersey's 110(a)(2)(D)(i) obligations to submit a SIP 
revision that contains adequate provisions to prohibit air emissions 
from adversely affecting another state's air quality through interstate 
transport.
    (i) Incorporation by reference:
    (A) Title 7, Chapter 27, Subchapter 30 of the New Jersey 
Administrative Code entitled ``Clean Air Interstate Rule (CAIR) 
NOX Trading Program,'' effective July 16, 2007 and Title 7, 
Chapter 27, Subchapter 31, Section 23 of the New Jersey Administrative 
Code entitled ``NOX Budget Program,'' effective July 16, 
2007.
    (ii) Additional information:
    (A) February 2, 2007 letter from Commissioner Lisa P. Jackson, 
NJDEP, to Alan J. Steinberg, EPA, submitting proposed SIP revision, and 
request for parallel processing.
    (B) June 26, 2007 letter from Commissioner Lisa P. Jackson, NJDEP, 
to Alan J. Steinberg, EPA, submitting SIP revision.
    (C) December 29, 2006 letter from Commissioner Lisa P. Jackson, 
NJDEP, to Alan J. Steinberg, EPA, indicating how New Jersey has 
addressed the required elements of 110(a)(2)(D)(i).
    (84) Revisions to the State Implementation Plan submitted on June 2, 
2006, by the New Jersey Department of Environmental Protection which 
consists of the adoption of California's Zero Emission Vehicle (ZEV) 
provisions.
    (i) Incorporation by reference:
    (A) Regulation Subchapter 29 of Title 7, Chapter 27 of the New 
Jersey Administrative Code, entitled ``Low Emission Vehicle (LEV) 
Program,'' sections 29.6, 29.7, and the incorporation of California 
Section 1962, ``Zero Emission Vehicle Standards for 2005 and Subsequent 
Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles,'' 
within section 29.13(g), effective on January 17, 2006.
    (85) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the control of nitrogen oxides from Trigen-Trenton 
Energy Co., L.P., dated August 7, 2007 submitted by the New Jersey State 
Department of Environmental Protection (NJDEP).
    (i) Incorporation by reference:

[[Page 384]]

    (A) a letter from Lisa P. Jackson, Commissioner, New Jersey 
Department of Environmental Protection, addressed to Alan J. Steinberg, 
USEPA, dated August 7, 2007, and Attachment 1 to the letter, titled 
``Conditions of Approval, Alternative Maximum Emission Rate for 
NOX for Two (2) Cooper Bessemer Distillate Oil or Dual Fuel 
Fired 4-Stroke Diesel Internal Combustion Engines,'' Trigen-Trenton 
Energy Company L.P., Trenton, NJ. APC Plant ID No. 61015, approved 
January 11, 2007.
    (86) Revisions to the New Jersey State Implementation Plan (SIP) for 
particulate matter granting a variance from Subchapter 6, Control and 
Prohibition of Particles from Manufacturing Processes for the cooling 
tower at the PSEG Nuclear LLC Hope Creek and Salem Generating Stations 
located in Lower Alloways Creek Township, Salem County dated November 2, 
2007 submitted by the New Jersey State Department of Environmental 
Protection (NJDEP) which establishes hourly emission limits for TSP and 
PM-10 (total) of less than or equal to 42 pounds per hour and annual 
emission limits for TSP and PM-10 (total) of less than or equal to 65.9 
tons per year.
    (i) Incorporation by reference:
    (A) A letter from Lisa P. Jackson, Commissioner, New Jersey 
Department of Environmental Protection, addressed to Alan J. Steinberg, 
Regional Administrator, EPA, dated November 2, 2007 submitting the 
variance for PSEG Nuclear LLC Hope Creek and Salem Generating Stations 
without the attachments.
    (B) Section J, Facility Specific Requirements, Emission Unit U24 
Cooling Tower, (Significant Modification Approval date August 7, 2007) 
contained in the Air Pollution Control Operating Permit, Significant 
Modification and Preconstruction Approval, PSEG Nuclear LLC Hope Creek 
and Salem Generating Stations, Permit Activity Number: BOP05003.
    (d) Plan revisions were submitted on September 26, 1972.
    (87) Revisions to the State Implementation Plan submitted on 
September 13, 2007, by the New Jersey Department of Environmental 
Protection which consists of the State's revised diesel idling rule.
    (i) Incorporation by reference:
    (A) Regulation Subchapter 14 of Title 7, Chapter 27 of the New 
Jersey Administrative Code, entitled ``Control and Prohibition of Air 
Pollution from Diesel-Powered Motor Vehicles,'' section 14.1, effective 
on July 2, 2007, section 14.2, effective on September 15, 1997, and 
section 14.3, effective on July 2, 2007.

[37 FR 10880, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1570, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



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-

[[Page 385]]

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 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

[[Page 386]]

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]



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

[[Page 387]]

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 respect to a 
pollutant for which a national ambient air quality standard for a period 
not exceeding 24 hours has been established.
    (2) Subsection (e)(1) under section 7:27-18.2, entitled, ``General 
Provisions,'' is disapproved and replaced with the following: ``The 
requirements of paragraphs (c)(3), (c)(4), and (c)(5) of this section 
shall again become applicable when proposed new construction or 
alterations at the facility would cause the increase in the rate of 
allowable emissions of that criteria pollutant to again exceed 50 tons 
per year, 1,000 pounds per day, or 100 pounds per hour whichever is most 
restrictive. The accumulation of increases in the rate of allowable 
emissions shall resume from zero after each application of paragraphs 
(c)(3) and (c)(4) of this section.''

[39 FR 7282, Feb. 25, 1974, as amended at 46 FR 21996, Apr. 15, 1981; 51 
FR 40677, Nov. 7, 1986; 60 FR 33923, June 29, 1995]



Sec. 52.1579  Intergovernmental cooperation.

    (a) The requirements of subpart M of this chapter are not met since 
the plan does not adequately describe the responsibilities of local 
agencies.

[37 FR 10880, May 31, 1972, as amended at 51 FR 40677, Nov. 7, 1986]



Sec. 52.1580  Conditional approval.

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

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



Sec. 52.1581  Control strategy: Carbon monoxide.

    (a) Approval--The September 28, 1995 revision to the carbon monoxide 
state implementation 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). This revision included a maintenance plan 
which demonstrated continued attainment of the National Ambient Air 
Quality Standard for carbon monoxide through the year 2007.
    (b) The base year carbon monoxide emission inventory requirement of 
section 187(a)(1) of the 1990 Clean Air Act Amendments has been 
satisfied for the

[[Page 388]]

entire State. The inventory was submitted on November 15, 1992 and 
amended on September 28, 1995 by the New Jersey Department of 
Environmental Protection as a revision to the carbon monoxide State 
Implementation Plan.
    (c) Approval--The November 15, 1992, October 4, 1993, and August 7, 
1998 revisions to the carbon monoxide state implementation plan for the 
New Jersey portion of the New York--Northern New Jersey--Long Island 
Carbon Monoxide nonattainment area. This included an attainment 
demonstration and the control measures needed to attain the National 
Ambient Air Quality Standard for carbon monoxide. The January 15, 2002, 
request to redesignate the New Jersey portion of the New York--Northern 
New Jersey--Long Island Carbon Monoxide nonattainment area from 
nonattainment to attainment of the National Ambient Air Quality Standard 
for carbon monoxide. As part of the redesignation request, the State 
submitted a maintenance plan which demonstrated continued attainment of 
the National Ambient Air Quality Standard for carbon monoxide through 
the year 2014.
    (d) The 1997 and 2007 carbon monoxide motor vehicle emission budgets 
for Camden County and the Nine Not Classified Areas included in New 
Jersey's May 21, 2004 SIP revision are approved.
    (e)(1) Approval--The May 18, 2006 revision to the carbon monoxide 
maintenance plan for Camden County and the Nine Not Classified Areas. 
This revision contains a second ten-year maintenance plan that 
demonstrates continued attainment of the National Ambient Air Quality 
Standard for carbon monoxide through the year 2017.
    (2) The 2007 and 2014 carbon monoxide conformity emission budgets 
for five counties in the New York/Northern New Jersey/Long Island carbon 
monoxide maintenance area included in New Jersey's May 18, 2006 SIP 
revision are approved.

[67 FR 54579, Aug. 23, 2002, as amended at 69 FR 52836, Aug. 30, 2004; 
71 FR 38772, July 10, 2006]



Sec. 52.1582  Control strategy and regulations: Ozone.

    (a) Subchapter 16 of the New Jersey Administrative Code, entitled 
``Control and Prohibition of Air Pollution by Volatile Organic 
Substances,'' N.J.A.C. 7:27-16.1 et seq. as revised on December 31, 1981 
and effective March 1, 1982, is approved with the following provisions 
and conditions:
    (1) Subsections 16.6(c)(4) and 16.6(c)(5) are approved. The State 
must comply with the public participation procedures it submitted to EPA 
on December 19, 1980 and must supply to EPA a copy of each notice of a 
proposed bubble that it supplies the public. In addition, the State must 
promptly transmit to EPA notice setting forth each set of emission 
limits approved by the state pursuant to subsections 16.6(c)(4) and 
16.6(c)(5) as well as the emission limitations previously applicable. 
Finally, the State must transmit any relevant additional material EPA 
may request, and it must notify the public of an approved set of 
emission limits at the time it transmits notice of those limits to EPA.
    (2) Emission limitations required by subsections 16.5(a), 16.6(a) 
and 16.6(b) are applicable requirements of the New Jersey SIP for the 
purposes of section 113 of the Clean Air Act and shall be enforceable by 
EPA and by citizens in the same manner as other requirements of the SIP; 
except that emission limitations adopted by the State under and which 
comply with subsections 16.6(c) (4) and (5) shall be the applicable 
requirements of the New Jersey SIP in lieu of those contained in 
subsections 16.5(a), 16.6(a) and 16.6(b) and shall be enforceable by EPA 
and by citizens, if the State meets the requirements set out in 
paragraph (d)(1) of this section.
    (3) Although EPA approves the variance provisions in subchapter 
7:27-16.9 and 7:27-16.10, in order to be considered as part of the SIP, 
each variance issued under these provisions must be submitted to and 
approved by EPA as a SIP revision.
    (4) The December 17, 1979 version of Subchapter 16 is approved as a 
part of the SIP only to the extent that it addresses compliance dates 
for Group I Control Techniques Guideline source categories.

[[Page 389]]

    (b) Subchapter 17 of the New Jersey Administrative Code, entitled 
``Control and Prohibition of Air Pollution by Toxic Substances,'' 
N.J.A.C. 7:27-17.1 et seq. as revised on October 17, 1979 and effective 
December 17, 1979, is approved for the regulation of perchloroethylene 
dry cleaners, as further clarified in a New Jersey Department of 
Environmental Protection memorandum ``Subchapter 17 Requirements for 
Perchloroethylene Dry Cleaning Systems'' dated October 25, 1982.
    (c) The November 15, 1993 SIP revision submitted by the New Jersey 
Department of Environmental Protection and Energy demonstrates the 
fulfillment of section 182(b)(2)(B) of the Clean Air Act for states to 
adopt RACT regulations for all sources for which EPA has issued a CTG 
before enactment of the 1990 Clean Air Act.
    (d)(1) The base year ozone precursor emission inventory requirement 
of section 182(a)(1) of the 1990 Clean Air Act Amendments has been 
satisfied for the Atlantic City, New York/ Northern New Jersey/Long 
Island, Philadelphia/Wilmington/ Trenton, and Allentown/Bethlehem/Easton 
areas of New Jersey. The inventory was submitted on November 15, 1993 
and amended on November 21, 1994 by the New Jersey Department of 
Environmental Protection as a revision to the ozone State Implementation 
Plan (SIP). Revisions to the 1990 base year emission inventory dated 
December 31, 1996 for the New York/Northern New Jersey/Long Island and 
Philadelphia/Wilmington/Trenton nonattainment areas of New Jersey have 
been approved. Revisions to the 1990 base year emission inventory dated 
February 10, 1999 for the New York/Northern New Jersey/Long Island and 
Philadelphia/Wilmington/Trenton nonattainment areas of New Jersey have 
been approved.
    (2) [Reserved]
    (3) The 1996 and 1999 ozone projection year emission inventories 
included in New Jersey's July 30, 1998 addendum and February 10, 1999 
State Implementation Plan revision for the New York/Northern New Jersey/
Long Island and Philadelphia/Wilmington/Trenton nonattainment areas have 
been approved.
    (4) [Reserved]
    (5) The photochemical assessment monitoring stations network 
included in New Jersey's December 31, 1996 State Implementation Plan 
revision for the New York/Northern New Jersey/Long Island and 
Philadelphia/Wilmington/Trenton nonattainment areas has been approved.
    (6) The demonstration that emissions from growth in vehicle miles 
traveled will not increase motor vehicle emissions and, therefore, 
offsetting measures are not necessary which was included in New Jersey's 
December 31, 1996 State Implementation Plan revision for the New York/
Northern New Jersey/Long Island and Philadelphia/Wilmington/Trenton 
nonattainment areas has been approved.
    (7) The enforceable commitments to: participate in the consultative 
process to address regional transport; adopt additional control measures 
as necessary to attain the ozone standard, meet rate of progress 
requirements, and eliminate significant contribution to nonattainment 
downwind; identify any reductions that are needed from upwind areas for 
the area to meet the ozone standard; and implement the Ozone Transport 
Commission NOX Memorandum of Understanding included in New 
Jersey's December 31, 1996 State Implementation Plan revision for the 
New York/Northern New Jersey/Long Island and Philadelphia/Wilmington/
Trenton nonattainment areas have been approved.
    (e) The State of New Jersey's March 27, 1996 submittal for an 
enhanced motor vehicle inspection and maintenance (I/M) program, as 
amended on November 27, 1996 and April 1997, is approved pursuant to 
section 110 of the Clean Air Act, 42 U.S.C. 7410. However, since New 
Jersey failed to start its program by November 15, 1997, the interim 
approval granted under the provisions of Section 348 of the National 
Highway Systems Designation Act of 1995 (NHSDA), 23 U.S.C. 348, which 
allowed the State to take full credit in its 15 Percent ROP Plan for all 
the emission reduction credits in its proposal, converted to a 
disapproval when EPA sent finding letters to the State on December 12, 
1997. The finding letters also informed the state that the underlying

[[Page 390]]

enhanced I/M program approval, pursuant to Section 110 of the Act, 
remained in effect as part of the federally enforceable SIP.
    (f) The State of New Jersey's June 5, 1998 submittal for the 
conversion of the inspection frequency of the current inspection and 
maintenance (I/M) program from annual to biennial in order to facilitate 
the upgrade of the existing state lanes to accommodate the testing 
equipment for the enhanced program has been approved by EPA. The State 
will be adding a gas cap inspection to the current I/M program, which 
will result in a net increase in overall emissions reductions.
    (g) The 15 Percent Rate of Progress (ROP) Plans and the 
recalculation of the 9 Percent ROP Plans included in the July 30, 1998 
addendum and the February 10, 1999 State Implementation Plan revision 
for the New York/Northern New Jersey/Long Island and Philadelphia/
Wilmington/Trenton nonattainment areas have been approved.
    (h)(1) The statewide 1996 periodic emission inventory included in 
New Jersey's April 11, 2001 State Implementation Plan revision is 
approved.
    (2) The 2002 and 2005 ozone projection year emission inventories for 
the New Jersey portion of the Philadelphia/Wilmington/Trenton 
nonattainment area and the 2002, 2005 and 2007 ozone projection year 
emission inventories for the New Jersey portion of the New York/Northern 
New Jersey/Long Island nonattainment area included in New Jersey's April 
11, 2001 State Implementation Plan revision are approved.
    (3) The 2002 and 2005 Reasonable Further Progress Plans for the New 
Jersey portion of the Philadelphia/Wilmington/Trenton nonattainment area 
and the 2002, 2005 and 2007 Reasonable Further Progress Plans for the 
New Jersey portion of the New York/Northern New Jersey/Long Island 
nonattainment area included in New Jersey's April 11, 2001 State 
Implementation Plan revision are approved.
    (4) The contingency measures for the New Jersey portions of the 
Philadelphia/Wilmington/Trenton nonattainment area and the New York/
Northern New Jersey/Long Island nonattainment area included in New 
Jersey's April 11, 2001 State Implementation Plan revision are approved.
    (5) [Reserved]
    (6) The Reasonably Available Control Measure Analysis for the New 
Jersey portion of the Philadelphia/Wilmington/Trenton and New York-
Northern New Jersey-Long Island nonattainment areas included in New 
Jersey's October 16, 2001 State Implementation Plan revision is 
approved.
    (7) The revisions to the State Implementation Plan submitted by New 
Jersey on August 31, 1998, October 16, 1998, and April 26, 2000 are 
approved. The revisions are for the purpose of satisfying the attainment 
demonstration requirements of section 182(c)(2)(A) of the Clean Air Act 
for the New Jersey portions of the Philadelphia/Wilmington/Trenton and 
New York-Northern New Jersey-Long Island severe ozone nonattainment 
areas. The revisions establish attainment dates of November 15, 2005 for 
the Philadelphia/Wilmington/Trenton nonattainment area and November 15, 
2007 for the New York-Northern New Jersey-Long Island ozone 
nonattainment area. The revisions include the enforceable commitments 
for future actions associated with attainment of the 1-hour ozone 
national ambient air quality:
    (i) To adopt additional control measures by October 31, 2001 to meet 
the level of reductions identified by EPA for attainment of the 1-hour 
ozone standard;
    (ii) To submit revised State Implementation Plan and motor vehicle 
emissions budgets by October 31, 2001 if additional adopted measures 
affect the motor vehicle emissions inventory;
    (i)(1) The revised 1996, 2005 and 2007 motor vehicle emission 
inventories calculated using MOBILE6 included in New Jersey's April 8, 
2003 State Implementation Plan revision is approved.
    (2) The 2005 conformity emission budgets for the New Jersey portion 
of the Philadelphia/Wilmington/Trenton nonattainment area included in 
New Jersey's April 8, 2003 State Implementation Plan revision are 
approved.
    (3) [Reserved]
    (4) The revised commitment to perform a mid-course review and submit

[[Page 391]]

the results by December 31, 2004 included in the April 8, 2003 SIP 
revision is approved.
    (j)(1) The revised 1997, 2005, 2007 and 2014 motor vehicle emission 
inventories calculated using MOBILE6 included in New Jersey's May 21, 
2004 State Implementation Plan revision is approved.
    (2) The 2005 conformity emission budgets for the New Jersey portion 
of the Philadelphia/Wilmington/Trenton nonattainment area and the 2005 
and 2007 conformity emission budgets for the New Jersey portion of the 
New York/Northern New Jersey/Long Island nonattainment area included in 
New Jersey's May 21, 2004 State Implementation Plan revision are 
approved.
    (k)(1) The Statewide 2002 base year ozone precursor emission 
inventories included in New Jersey's May 18, 2006 State Implementation 
Plan revision are approved.
    (2) The revisions to the 2005 and 2007 motor vehicle emissions 
budgets for the New Jersey portion of the New York/Northern New Jersey/
Long Island nonattainment area included in New Jersey's May 18, 2006 
State Implementation Plan revision are approved.
    (3) The conformity emission budgets for the McGuire Air Force Base 
included in New Jersey's May 18, 2006 State Implementation Plan revision 
are approved.
    (l) Attainment determination. EPA has determined that the 
Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area 
attained the 1-hour ozone NAAQS by the applicable attainment date of 
November 15, 2005. In New Jersey, this area includes the counties of 
Burlington, Camden, Cumberland, Gloucester, Mercer, and Salem. EPA also 
has determined that the Philadelphia-Wilmington-Trenton severe 1-hour 
ozone nonattainment area is not subject to the imposition of the section 
185 penalty fees. In addition, the requirements of section 172(c)(9) 
(contingency measures) do not apply to the area.
    (m)(1) The 2008 Reasonable Further Progress Plans and associated 
2008 ozone projection year emission inventories for the New Jersey 
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT and 
the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment 
areas included in New Jersey's October 29, 2007 State Implementation 
Plan revision are approved.
    (2) The contingency measures for failure to meet the 2008 RFP Plan 
milestones for the New Jersey portion of the New York-Northern New 
Jersey-Long Island, NY-NJ-CT and the Philadelphia-Wilmington-Atlantic 
City, PA-NJ-MD-DE nonattainment areas included in New Jersey's October 
29, 2007 State Implementation Plan revision are approved.
    (3) The moderate area Reasonably Available Control Measure Analysis 
for the New Jersey portion of the New York-Northern New Jersey-Long 
Island, NY-NJ-CT and the Philadelphia-Wilmington-Atlantic City, PA-NJ-
MD-DE nonattainment areas included in New Jersey's October 29, 2007 
State Implementation Plan revision are approved.
    (4) The 2008 motor vehicle emissions budgets for the New Jersey 
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT and 
the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment 
areas included in New Jersey's October 29, 2007 State Implementation 
Plan revision are approved.
    (5) The general conformity budgets for McGuire AFB and Lakehurst NAS 
included in New Jersey's October 29, 2007 State Implementation Plan 
revision are approved.
    (6) The Statewide reasonably available control technology (RACT) 
analysis for the 8-hour ozone included in the August 1, 2007 State 
Implementation Plan revision is conditionally approved.

[46 FR 20556, Apr. 6, 1981]

    Editorial Note: For Federal Register citations affecting Sec. 
52.11582, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1583  Requirements for state implementation plan revisions 
relating to new motor vehicles.

    New Jersey must comply with the requirements of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]

[[Page 392]]



Sec. 52.1584  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the 
State of New Jersey and for which requirements are set forth under the 
Federal CAIR NOX Annual Trading Program in subparts AA 
through II of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the New Jersey State 
Implementation Plan (SIP) as meeting the requirements of CAIR for 
PM2.5 relating to NOX under Sec. 51.123 of this 
chapter, except to the extent the Administrator's approval is partial or 
conditional or unless such approval is under Sec. 51.123(p) of this 
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX allowances to 
sources in the State for any years, the provisions of part 97 of this 
chapter authorizing the Administrator to complete the allocation of CAIR 
NOX allowances for those years shall continue to apply, 
unless the Administrator approves a SIP provision that provides for the 
allocation of the remaining CAIR NOX allowances for those 
years.
    (b)(1) The owner and operator of each NOX source located 
within the State of New Jersey and for which requirements are set forth 
under the Federal CAIR NOX Ozone Season Trading Program in 
subparts AAAA through IIII of part 97 of this chapter must comply with 
such applicable requirements. The obligation to comply with these 
requirements in part 97 of this chapter will be eliminated by the 
promulgation of an approval by the Administrator of a revision to the 
New Jersey State Implementation Plan (SIP) as meeting the requirements 
of CAIR for ozone relating to NOX under Sec. 51.123 of this 
chapter, except to the extent the Administrator's approval is partial or 
conditional or unless such approval is under Sec. 51.123(ee) of this 
chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX Ozone Season 
allowances to sources in the State for any years, the provisions of part 
97 of this chapter authorizing the Administrator to complete the 
allocation of CAIR NOX Ozone Season allowances for those 
years shall continue to apply, unless the Administrator approves a SIP 
provision that provides for the allocation of the remaining CAIR 
NOX Ozone Season allowances for those years.

[72 FR 62351, Nov. 2, 2007]



Sec. 52.1585  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within 
the State of New Jersey and for which requirements are set forth under 
the Federal CAIR SO2 Trading Program in subparts AAA through 
III of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the New Jersey State 
Implementation Plan as meeting the requirements of CAIR for 
PM2.5 relating to SO2 under Sec. 51.124 of this 
chapter, except to the extent the Administrator's approval is partial or 
conditional or unless such approval is under Sec. 51.124(r) of this 
chapter.

[72 FR 62352, Nov. 2, 2007]



Sec. Sec. 52.1586-52.1600  [Reserved]



Sec. 52.1601  Control strategy and regulations: Sulfur oxides.

    (a) The applicable limitation on the sulfur content of fuel marketed 
and used in New Jersey until and including March 15, 1974, as set forth 
in N.J.A.C. subchapter 7:1-3.1 is approved, except that the use of coal 
in the following utility plants and boiler units is not approved: \1\
---------------------------------------------------------------------------

    \1\ Action by the Administrator regarding coal conversion at the 
listed plants and units is being held in abeyance until the 
Administrator determines whether and to what extent that conversion 
cannot be deferred, based on analysis of fuel allocations for residual 
oil and coal in the Mid-Atlantic and New England States.

[[Page 393]]



----------------------------------------------------------------------------------------------------------------
               Company                          Plant                     City                Boiler unit(s)
----------------------------------------------------------------------------------------------------------------
Atlantic City Electric...............  Deepwaters.............  Deepwaters.............  5/7, 7/9, 3/5, 4/6.
Public Service Electric & Gas........  Essex..................  Newark.................  All.
 Do..................................  Sewaren................  Woodbridge.............  Do.
 Do..................................  Bergen.................  Bergen.................  No. 1.
 Do..................................  Burlington.............  Burlington.............  1-4.
 Do..................................  Kearney................  Kearney................  All.
 Do..................................  Hudson.................  Jersey City............  No. 1.
Jersey Central Power & Light.........  Sayreville.............  Sayreville.............  All.
 Do..................................  E. H. Werner...........  South Amboy............  Do.
----------------------------------------------------------------------------------------------------------------

    (b) Before any steam or electric power generating facility in Zone 
3, as defined in N.J.A.C. 7:27-10.1, burning fuel oil on June 4, 1979, 
having a rated hourly gross heat input greater than 200,000,000 British 
Thermal Units (BTU's), and capable of burning coal without major 
reconstruction or construction, which facility was in operation prior to 
May 6, 1968, or group of such facilities having a combined rated hourly 
capacity greater than 450,000,000 BTU's may be permitted by the State to 
convert to the use of coal, the State shall submit to EPA a copy of the 
proposed permit together with an air quality analysis employing 
methodology acceptable to EPA. If EPA determines, on the basis of the 
submitted analysis, that the proposed coal conversion will not interfere 
with the attainment or maintenance of air quality standards and will not 
be the cause for any Prevention of Significant Deterioration (PSD) 
increment to be exceeded, then the permit authorizing conversion may 
become effective immediately upon the publication of such a 
determination (as a Notice) in the Federal Register. If EPA determines 
that the submitted analysis is inadequate or that it shows that the 
proposed conversion will interfere with attainment or maintenance of air 
quality standards or cause any PSD increment to be exceeded, then EPA 
shall so inform the State of its determination, and the permit 
authorizing conversion shall not become effective and conversion shall 
not occur until an adequate analysis is submitted or, if necessary, 
until a control strategy revision which would require any necessary 
emission reductions is submitted by the State and placed into effect as 
an EPA approved revision to the implementation plan. In addition, this 
same procedure shall apply to any State permit applied for that would 
authorize a relaxation in the sulfur-in-coal limitation at any such 
facility, as defined above in this paragraph, having already been 
granted a permit to convert to coal.
    (c) The U.S. Gypsum Co. in Clark, New Jersey is permitted to burn 
fuel oil with a sulfur content of 2.0 percent, by weight, at either 
Boiler 1, 2 or 3 until March 31, 1985 or 
until Boiler 4 is ready to burn coal, whichever occurs first. 
Such oil burning must conform with New Jersey requirements and 
conditions as set forth in applicable regulations and administrative 
orders.

[39 FR 1439, Jan. 9, 1974, as amended at 44 FR 31979, June 4, 1979; 44 
FR 38471, July 2, 1979; 49 FR 30179, July 27, 1984]



Sec. 52.1602  Control strategy and regulations: PM2.5.

    (a) Approval--On May 18, 2006, New Jersey submitted an early 
PM2.5 implementation plan to set motor vehicle emissions 
budgets for the New Jersey portion of the New York-Northern New Jersey-
Long Island, NY-NJ-CT, PM2.5 nonattainment area. The budgets 
were allocated by metropolitan planning organization as follows: North 
Jersey Transportation Planning Authority: 1,207 tons per year of direct 
PM2.5 and 61,676 tons per year of NOX; Delaware 
Valley Regional Planning Commission: 89 tons per year of direct 
PM2.5 and 4,328 tons per year of NOX.
    (b) Approval--On February 25, 2008, New Jersey submitted a revision 
to its

[[Page 394]]

early PM2.5 implementation plan to revise the motor vehicle 
emissions budgets for the Mercer County, New Jersey portion of the New 
York-Northern New Jersey-Long Island, NY-NJ-CT, PM2.5 
nonattainment area. The revised budgets, applicable to the Delaware 
Valley Regional Planning Commission, are as follows: 108 tons per year 
of direct PM2.5 and 5,056 tons per year of NOX.

[73 FR 24870, June 5, 2008]



Sec. 52.1603  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable procedures 
for preventing the significant deterioration of air quality.
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are 
hereby incorporated and made a part of the applicable State plan for the 
State of New Jersey.

[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 68 
FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003]



Sec. 52.1604  Control strategy and regulations: Total suspended 
particulates.

    (a) Any variance issued by the Department under N.J.A.C. Title 7, 
Chapter 27, section 6.5, subsections (a), (b), or (c) shall not exempt 
any person from the requirements otherwise imposed by N.J.A.C. 7:27-6.1 
et seq.; Provided that the Administrator may approve such variance as a 
plan revision when the provisions of this part, section 110(a)(3)(A) of 
the Act, and 40 CFR, part 51 (relating to approval of and revisions to 
State implementation plans) have been satisfied with respect to such 
variance.
    (b) Particulates emissions from units 1 and 2 of the Atlantic City 
Electric Company's B.L. England Generating Station are limited to an 
emission rate of 0.5 lbs/million BTU until March 31, 1982 and June 1, 
1982, respectively. The opacity associated with such emissions from 
these units during this period shall not exceed 40 percent. On and after 
March 31, 1982 for unit 1, and June 1, 1982 for unit 2, these units 
shall be limited to an emission rate of 0.1 lbs/million BTU, and the 
associated opacity shall not exceed 20 percent.

[44 FR 5427, Jan. 26, 1979 and 46 FR 26305, May 12, 1981]



Sec. 52.1605  EPA-approved New Jersey regulations.

----------------------------------------------------------------------------------------------------------------
          State regulation              State effective date       EPA approved date             Comments
----------------------------------------------------------------------------------------------------------------
Title 7, Chapter 26
 
Subchapter 2A, ``Additional,          June 1, 1987...........  June 29, 1990, 55 FR      .......................
 Specific Disposal Regulations for                              26689.
 Sanitary Landfills.''
Title 7, Chapter 27
 
Subchapter 1, ``General Provisions''  May 1, 1956............  June 29, 1990, 55 FR      .......................
                                                                26689.
Subchapter 2, ``Control and           June 8, 1981...........  Sept. 30, 1981, 46 FR
 Prohibition of Open Burning''.                                 47779.
Subchapter 3, ``pontrol and           Oct. 12, 1977..........  Jan. 27, 1984, 49 FR
 Prohibition of Smoke from                                      3465.
 Combustion of Fuel''.
Subchapter 4, ``Control and           Oct. 12, 1977..........  ......do................
 Prohibition of Particles from
 Combustion of Fuel''.
Subchapter 5, ``Prohibition of Air    Oct. 12, 1977..........  ......do................
 Pollution.
Subchapter 6, ``Control and           May 23, 1977...........  Jan. 26, 1979, 44 FR      Section 6.5,
 Prohibition of Particles From                                  5427.                     ``Variances,'' is not
 Manufacturing Processes'' (except                                                        approved (40 CFR
 section 6.5).                                                                            52.1570(c)(20) and
                                                                                          52.1604(a)). Any State-
                                                                                          issued variances must
                                                                                          be formally
                                                                                          incorporated as SIP
                                                                                          revisions if EPA is to
                                                                                          be bound to their
                                                                                          provisions (40 CFR
                                                                                          52.1604(a)).

[[Page 395]]

 
Subchapter 7, ``Sulfur''............  Mar. 1, 1967...........  May 31, 1972, 37 FR
                                                                10880.
Subchapter 8, ``Permits and           Apr. 5, 1985...........  Nov. 25, 1986, 51 FR
 Certificates, Hearings, and                                    42573.
 Confidentiality''.
Section 8.11........................  Mar. 2, 1992...........  Apr. 15, 1994, 59 FR
                                                                17935.
Sections 8.1 and 8.2................  June 20, 1994..........  August 7, 1997, 62 FR
                                                                42414.
Subchapter 9, ``Sulfur in Fuels''...  Feb. 4, 1983...........  July 8, 1983, 48 FR       Sulfur dioxide
                                                                31400.                    ``bubble'' permits
                                                                                          issued by the State
                                                                                          pursuant to Sec. 9.2
                                                                                          and not waived under
                                                                                          the provisions of Sec.
                                                                                            9.4 become
                                                                                          applicable parts of
                                                                                          the SIP only after
                                                                                          receiving EPA approval
                                                                                          as a SIP revision.
                                                                                          ``Clean conversion
                                                                                          incentive'' permits
                                                                                          issued pursuant to
                                                                                          Sec. 9.5 must
                                                                                          receive EPA approval
                                                                                          as a SIP revision to
                                                                                          become applicable
                                                                                          parts of the SIP.
Subchapter 10, ``Sulfur in Solid      July 14, 1981..........  Nov. 3, 1981, 46 FR       Notification of ``large
 Fuels''.                                                       54542.                    zone 3 coal
                                                                                          conversions'' must be
                                                                                          provided to EPA (40
                                                                                          CFR 52.1601(b)).
Subchapter 11, ``Incinerators''.....  Aug. 15, 1968..........  May 31, 1972, 37 FR
                                                                10880.
Subchapter 12, ``Prevention and       Mar. 27, 1972..........  ......do................
 Control of Air Pollution
 Emergencies''.
Subchapter 13, ``Ambient Air Quality  June 25, 1985..........  Nov. 25, 1986, 51 FR
 Standards''.                                                   42573.
Subchapter 14, ``Control and          .......................  ........................  On September 15, 1997,
 Prohibition of Air Pollution from                                                        section 14.2 was re-
 Diesel-Powered Motor Vehicles''.                                                         numbered to 14.6. The
                                                                                          State did not submit
                                                                                          this change as a SIP
                                                                                          revision. Therefore,
                                                                                          the July 1, 1985,
                                                                                          version of section
                                                                                          14.2 will continue to
                                                                                          be the EPA-approved
                                                                                          regulation.
Sections 14.1-14.3..................  July 1, 1985...........  June 13, 1986...........
Section 14.1........................  July 2, 2007...........  April 17, 2009, 74 FR
                                                                17781..
Section 14.2........................  September 15, 1997.....  April 17, 2009, 74 FR
                                                                17781..
Section 14.3........................  July 2, 2007...........  April 17, 2009, 74 FR
                                                                17781..
Subchapter 15, ``Control and          Nov. 15, 1999..........  January 22, 2002, 67 FR
 Prohibition of Air Pollution From                              2813..
 Gasoline-Fueled Motor Vehicles.''.
Subchapter 16, ``Control and          Oct. 17, 2005..........  July 31, 2007, 72 FR      Subchapter 16 is
 Prohibition of Air Pollution by                                41626.                    approved into the SIP
 Volatile Organic Compounds.''.                                                           except for Open Market
                                                                                          Emissions Trading
                                                                                          (OMET) provisions at
                                                                                          16.1A(g) and 16.1A(h).
Subchapter 17, ``Control and          June 20, 1994..........  August 7, 1997, 62 FR     Subchapter 17 is
 Prohibition of Air Pollution by                                42414.                    included in the SIP
 Toxic Substances''.                                                                      only as it relates to
                                                                                          the control of
                                                                                          perchloroethylene.
Subchapter 18, ``Control and          Mar. 15, 1993..........  July 25, 1996...........  See July 25, 1996, for
 Prohibition of Air Pollution from                                                        items not included in
 New or Altered Sources Affecting                                                         this limited approval.
 Ambient Air Quality (Emission
 Offset Rules).''.
Subchapter 19, ``Control and          October 17, 2005.......  July 31, 2007, 72 FR      Subchapter 19 is
 Prohibition of Air Pollution from                              41626.                    approved into the SIP
 Oxides of Nitrogen.''.                                                                   except for the
                                                                                          following provisions:
                                                                                          (1) Open Market
                                                                                          Emissions Trading
                                                                                          (OMET) provisions at
                                                                                          19.3(g), 19.3(h),
                                                                                          19.27 and 19.27
                                                                                          Appendix; and (2) New
                                                                                          amendments to phased
                                                                                          compliance plan
                                                                                          through repowering in
                                                                                          Sec. 19.21 that
                                                                                          allow for
                                                                                          implementation beyond
                                                                                          May 1, 1999; and (3)
                                                                                          New amendments to
                                                                                          phased compliance plan
                                                                                          through the use of
                                                                                          innovative control
                                                                                          technology in Sec.
                                                                                          19.23 that allow for
                                                                                          implementation beyond
                                                                                          May 1, 1999.

[[Page 396]]

 
Subchapter 21, ``Emission             Feb. 18, 2003..........  Aug. 2, 2004, 69 FR       Section 7:27-21.3(b)(1)
 Statements;''.                                                 46106.                    and 7:27-21.3(b)(2) of
                                                                                          New Jersey's Emission
                                                                                          Statement rule
                                                                                          requires facilities to
                                                                                          report on the
                                                                                          following pollutants
                                                                                          to assist the State in
                                                                                          air quality planning
                                                                                          needs: hydrochloric
                                                                                          acid, hydrazine,
                                                                                          methylene chloride,
                                                                                          tetrachlor-ethylene,
                                                                                          1, 1, 1
                                                                                          trichloroethane,
                                                                                          carbon dioxide and
                                                                                          methane. EPA will not
                                                                                          take SIP-related
                                                                                          enforcement action on
                                                                                          these pollutants.
Subchapter 23, Prevention of Air      July 20, 2004..........  November 30, 2005.......  Variances or exemptions
 Pollution From Architectural                                                             approved by the State
 Coatings.                                                                                pursuant to Subchapter
                                                                                          23.3(j) become
                                                                                          applicable only if
                                                                                          approved by EPA as a
                                                                                          SIP revision.
Subchapter 24, ``Prevention of Air    June 6, 2004...........  January 25, 2006 71 FR    The specific
 Pollution From Consumer Products''.                            4045.                     application of
                                                                                          provisions associated
                                                                                          with innovative
                                                                                          products exemptions,
                                                                                          alternative compliance
                                                                                          plans, and variances
                                                                                          must be submitted to
                                                                                          EPA as SIP revisions.
Subchapter 25, ``Control and          August 17, 1998........  November 22, 1999, 64 FR
 Prohibition of Air Pollution by                                63692.
 Vehicular Fuels;''.
Subchapter 29, ``Low Emission         January 17, 2006.......  February 13, 2008, 73 FR  In Section 29.13(g),
 Vehicle (LEV) Program''.                                       8202.                     Title 13, Chapter 1,
                                                                                          Article 2, Section
                                                                                          1961.1 of the
                                                                                          California Code of
                                                                                          Regulations relating
                                                                                          to greenhouse gas
                                                                                          emission standards, is
                                                                                          not incorporated into
                                                                                          the SIP.
Subchapter 30, ``Clean Air            July 16, 2007..........  October 1, 2007, 72 FR
 Interstate Rule (CAIR) NOX Trading                             55672.
 Program.''.
Subchapter 31, ``NOX Budget           July 16, 2007..........  October 1, 2007, 72 FR
 Program.''.                                                    55672.
 
Title 7, Chapter 27B
 
Subchapter 3, ``Air Test Method 3:    June 20, 1994..........  August 7, 1997, 62 FR     .......................
 Sampling and Analytic Procedures                               42414.
 for the Determination of Volatile
 Organic Compounds from Source
 Operations''.
Subchapter 4, ``Air Test Method 4:    Nov. 15, 1999..........  January 22, 2002, 67 FR
 Testing Procedures for Motor                                   2813.
 Vehicles.''.
 
Title 13, Chapter 20:
 
Subchapter 7, ``Vehicle               May 19, 2003...........  May 21, 2004, 69 FR
 Inspection.''.                                                 29235.
Sections: 7.1, 7.2, 7.3, 7.4, 7.5,
 7.6..
Subchapter 24, ``Motorcycles.''.....  Dec. 6, 1999...........  January 22, 2002, 67 FR
                                                                2813.
Section: 24.20......................
Subchapter 26, ``Compliance With      May 19, 2003...........  May 21, 2004, 69 FR
 Diesel Emission Standards and                                  29235.
 Equipment, Periodic Inspection
 Program for Diesel Emissions, and
 Self-Inspection of Certain Classes
 of Motor Vehicles.''.
Section: 26.2, 26.16................
Subchapter 28, ``Inspection of New    May 19, 2003...........  May 21, 2004, 69 FR
 Motor Vehicles.''.                                             29235.
Sections: 28.3, 28.4, 28.6..........
Subchapter 29, ``Mobile Inspection    May 19, 2003...........  May 21, 2004, 69 FR
 Unit.''.                                                       29235.
Sections: 29.1, 29.2, 29.3..........
Subchapter 32, ``Inspection           May 19, 2003...........  May 21, 2004, 69 FR
 Standards and Test Procedures To Be                            29235.
 Used By Official Inspection
 Facilities.''.

[[Page 397]]

 
Subchapter 33, ``Inspection           May 19, 2003...........  May 21, 2004, 69 FR
 Standards and Test Procedures To Be                            29235.
 Used By Licensed Private Inspection
 Facilities.''.
Subchapter 43, ``Enhanced Motor       May 19, 2003...........  May 21, 2004, 69 FR
 Vehicle Inspection and Maintenance                             29235.
 Program.''.
Subchapter 44, ``Private Inspection   May 19, 2003...........  May 21, 2004, 69 FR
 Facility Licensing.''.                                         29235.
Subchapter 45, ``Motor Vehicle        May 19, 2003...........  May 21, 2004, 69 FR
 Emission Repair Facility                                       29235.
 Registration.''.
Chapter 21
Subchapter 5, ``Registrations.''....  Dec. 6, 1999...........  January 22, 2002, 67 FR
                                                                2813.
Section: 5.12.......................
Subchapter 15, ``New Jersey Licensed  Dec. 6, 1999...........  January 22, 2002, 67 FR
 Motor Vehicle Dealers.''.                                      2813.
Section: 15.7.......................
 
Title 16, Chapter 53
 
``Autobus Specifications''..........  Sept. 26, 1983.........  June 13, 1986...........  Only Sections 3.23,
                                                                                          3.24, 3.27, 6.15,
                                                                                          6.21, 6.30, 7.14,
                                                                                          7.17, 7.23, 8.15,
                                                                                          8.22, 8.25 are
                                                                                          approved.
----------------------------------------------------------------------------------------------------------------


[46 FR 57677, Nov. 25, 1981]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1605, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Editorial Note: At 72 FR 55672, Oct. 1, 2007, Sec. 52.1605 was 
amended by revising the entry in the table for Subchapter 31 under Title 
7, Chapter 27; the amendment was incorporated, however there was no 
Subchapter 31 of that portion of the table to revise.



Sec. 52.1606  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met because the plan does not include approvable procedures meeting the 
requirements of 40 CFR 51.305 and 51.307 for protection of visibility in 
mandatory Class I Federal areas.
    (b) Regulations for visibility monitoring and new source review. The 
provisions of Sec. Sec. 52.26 and 52.28 are hereby incorporated and 
made part of the applicable plan for the State of New Jersey.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of New 
Jersey.

[51 FR 23759, July 1, 1986, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.1607  Small business technical and environmental compliance 
assistance program.

    On January 11, 1993, the New Jersey Department of Environmental 
Protection and Energy submitted a plan for the establishment and 
implementation of a Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program for incorporation in the New 
Jersey state implementation plan. This plan satisfies the requirements 
of section 507 of the Clean Air Act, and New Jersey must implement the 
program as approved by EPA.

[59 FR 34386, July 5, 1994]



                          Subpart GG_New Mexico



Sec. 52.1620  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan (SIP) for New Mexico under section 110 of the Clean 
Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air 
quality standards.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to July 1, 
1999, was approved for

[[Page 398]]

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 6 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 6 EPA Office at 1445 Ross Avenue, Suite 700, 
Dallas, Texas, 75202-2733; the EPA, Air and Radiation Docket and 
Information Center, Air Docket (6102), 401 M St., SW., Washington, DC 
20460; or at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
    (c) EPA approved regulations.

                                       EPA Approved New Mexico Regulations
----------------------------------------------------------------------------------------------------------------
                                               State
                                             approval/
   State citation         Title/subject      effective          EPA approval date                Comments
                                                date
----------------------------------------------------------------------------------------------------------------
          New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
----------------------------------------------------------------------------------------------------------------
Part 1.............  General Provisions....   10/27/95  11/25/97, 62 FR 50514...........  This date reflects a
                                                                                           recodification, not
                                                                                           EPA approval of
                                                                                           underlying
                                                                                           requirement.
Part 2.............  Definitions...........   11/30/95  11/25/97, 62 FR 50514
Part 3.............  Ambient Air Quality      11/30/95  11/25/97, 62 FR 50514
                      Standards.
Part 5.............  Source Surveillance...   11/30/95  11/25/97, 62 FR 50514
Part 7.............  Excess emissions         11/30/95  11/25/97, 62 FR 50514
                      during Malfunction,
                      Startup, Shutdown, or
                      Scheduled Maintenance.
Part 8.............  Emissions Leaving New    11/30/95  11/25/97, 62 FR 50514
                      Mexico.
Part 10............  Woodwaste Burners.....   11/30/95  11/25/97, 62 FR 50514
Part 11............  Asphalt Process          11/30/95  11/25/97, 62 FR 50514
                      Equipment.
Part 12............  Cement Kilns..........   11/30/95  11/25/97, 62 FR 50514
Part 13............  Gypsum Processing        11/30/95  11/25/97, 62 FR 50514
                      Plants.
Part 14............  Particulate Emissions    11/30/95  11/25/97, 62 FR 50514
                      From Coal Burning
                      Equipment.
Part 15............  Pumice, Mica and         11/30/95  11/25/97, 62 FR 50514
                      Perlite Process
                      Equipment.
Part 16............  Nonferrous Smelters      11/30/95  11/25/97, 62 FR 50514
                      (New and Existing)-
                      Particulate Matter.
Part 17............  Nonferrous Smelters      11/30/95  11/25/97, 62 FR 50514
                      (Existing)-
                      Particulate Matter.
Part 18............  Oil Burning Equipment-   11/30/95  11/25/97, 62 FR 50514
                      Particulate Matter.
Part 19............  Potash, Salt or Sodium   11/30/95  11/25/97, 62 FR 50514
                      Sulfate Processing
                      Equipment-Particulate
                      Matter.
Part 20............  Lime Manufacturing       11/30/95  11/25/97, 62 FR 50514
                      Plants-Particulate
                      Matter.
Part 21............  Fugitive Particulate     11/30/95  11/25/97, 62 FR 50514
                      Matter Emissions from
                      Nonferrous Smelters.
Part 22............  Fugitive Particulate     11/30/95  11/25/97, 62 FR 50514
                      Matter Emissions from
                      Roads within the Town
                      of Hurley.
Part 30............  Kraft Mills...........   11/30/95  11/25/97, 62 FR 50514
Part 31............  Coal Burning Equipment-  11/30/95  11/25/97, 62 FR 50514
                      Sulfur Dioxide.
Part 32............  Coal Burning Equipment-  11/30/95  11/25/97, 62 FR 50514
                      Nitrogen Dioxide.
Part 33............  Gas Burning Equipment-   11/30/95  11/25/97, 62 FR 50514
                      Nitrogen Dioxide.

[[Page 399]]

 
Part 34............  Oil Burning Equipment-   11/30/95  11/25/97, 62 FR 50514
                      Nitrogen Dioxide.
Part 40............  Sulfuric Acid            11/30/95  11/25/97, 62 FR 50514
                      Production Units-
                      Sulfur Dioxide, Acid
                      Mist and Visible
                      Emissions.
Part 41............  Nonferrous Smelters-     11/30/95  11/25/97, 62 FR 50514
                      Sulfur.
Part 60............  Open Burning..........   11/30/95  11/25/97, 62 FR 50514
Part 61............  Smoke and Visible        11/30/95  11/25/97, 62 FR 50514
                      Emissions.
Part 70............  Operating Permits.....   11/30/95  11/25/97, 62 FR 50514
Part 71............  Operating Permit         11/30/95  11/25/97, 62 FR 50514
                      Emission Fees.
Part 72............  Construction Permits..   11/30/95  11/25/97, 62 FR 50514...........  Subparts I, II, III,
                                                                                           and V in SIP.
Part 73............  Notice of Intent and      10/1/97  2/8/02, 67 FR 6152
                      Emmissions Inventory
                      Requirements..
Part 74............  Permits--Prevention of   12/06/05  09/05/07, 72 FR 50879...........
                      Significant
                      Deterioration.
Part 75............  Construction Permit      11/30/95  11/25/97, 62 FR 50514
                      Fees.
Part 79............  Permits--Nonattainment   12/06/05  09/05/07, 72 FR 50879...........
                      Areas.
Part 80............  Stack Heights.........   11/30/95  11/25/97, 62 FR 50514
Part 98............  General Conformity....   08/02/96  9/9/98, 63 FR 48109.............  Conditional approval
                                                                                           expires on September
                                                                                           9, 1999.
Part 99............  Transportation           11/23/98  3/20/00, 65 FR 14877............  (1) No action is taken
                      Conformity.            and 09/08/                                    on sections 109. C.1,
                                                    99                                     114, 128.C-F, 137.E,
                                                                                           139.A.2, 140.A.1, and
                                                                                           147.B
----------------------------------------------------------------------------------------------------------------


                           EPA Approved Albuquerque/Bernalillo County, NM Regulations
----------------------------------------------------------------------------------------------------------------
                                                      State
                                                    approval/
       State citation             Title/subject     effective        EPA approval date           Explanation
                                                       date
----------------------------------------------------------------------------------------------------------------
                         Albuquerque/Bernalillo County, Air Quality Control Regulations
----------------------------------------------------------------------------------------------------------------
Section 21..................  Permit Fees.........   01/23/79  04/10/80, 45 FR 24460.......
----------------------------------------------------------------------------------------------------------------
   New Mexico Administrative Code (NMAC) Title 20--Environment Protection, Chapter 11--Albuquerque/Bernalillo
                                        County Air Quality Control Board
----------------------------------------------------------------------------------------------------------------
Part 1 (20.11.1 NMAC).......  General Provisions..   09/07/04  7/21/05, 70 FR 41963........
Part 3 (20.11.3 NMAC).......  Transportation         07/01/98  07/08/99, 64 FR 36786.......  No action taken on
                               Conformity.                                                    Sections I.2.3,
                                                                                              II.2.4, II.7.3-
                                                                                              7.6, II.16.5,
                                                                                              II.18.1.B,
                                                                                              II.19.1.A, and
                                                                                              II.22.2.
Part 4 (20.11.4 NMAC).......  General Conformity..   10/01/02  12/30/04, 69 FR 78314.......
Part 5 (20.11.5 NMAC).......  Visible Air            01/01/03  12/30/04, 69 FR 78314.......
                               Contaminants.
Part 6 (20.11.6 NMAC).......  Emergency Action       10/01/02  12/30/04, 69 FR 78314.......
                               Plan.
Part 7 (20.11.7 NMAC).......  Variance Procedure..   09/07/04  05/31/06, 71 FR 30805.......
Part 8 (20.11.8 NMAC).......  Ambient Air Quality    09/07/04  05/31/06, 71 FR 30805.......
                               Standards.
Part 20 (20.11.20 NMAC).....  Fugitive Dust         3/17/2008  April 1, 2009, 74 FR 14731..
                               Control.
Part 21 (20.11.21 NMAC).....  Open Burning........   10/01/02  12/30/04, 69 FR 78314.......
Part 22 (20.11.22 NMAC).....  Woodburning.........   10/01/02  12/30/04, 69 FR 78314.......
Part 40 (20.11.40 NMAC).....  Source Registration.   10/01/02  12/30/04, 69 FR 78314.......
Part 41 (20.11.41 NMAC).....  Authority to           10/01/02  12/30/04, 69 FR 78314.......
                               Construct.
Part 43 (20.11.43 NMAC).....  Stack Height           10/01/02  12/30/04, 69 FR 78314.......
                               Requirements.
Part 60 (20.11.60)..........  Permitting in          12/14/05  4/26/07, 72 FR 20728........
                               Nonattainment Areas.
Part 61 (20.11.61)..........  Prevention of          12/14/05  4/26/07, 72 FR 20728........
                               Significant
                               Deterioration.
Part 63 (20.11.63 NMAC).....  New Source             10/01/02  12/30/04, 69 FR 78314.......
                               Performance
                               Standards for
                               Stationary Sources.
Part 64 (20.11.64 NMAC).....  Emission Standards     10/01/02  12/30/04, 69 FR 78314.......
                               for Hazardous Air
                               Pollutants for
                               Stationary Sources.
Part 65 (20.11.65 NMAC).....  Volatile Organic       10/01/02  12/30/04, 69 FR 78314.......
                               Compounds.
Part 66 (20.11.66 NMAC).....  Process Equipment...   10/01/02  12/30/04, 69 FR 78314.......

[[Page 400]]

 
Part 67 (20.11.67 NMAC).....  Equipment,             10/01/02  12/30/04, 69 FR 78314.......
                               Emissions,
                               Limitations.
Part 68 (20.11.68 NMAC).....  Incinerators and       04/01/02  12/30/04, 69 FR 78314.......
                               Crematories.
Part 90 (20.11.90 NMAC).....  Administration,        10/01/02  12/30/04, 69 FR 78314.......
                               Enforcement, and
                               Inspection.
Part 100 (20.11.100 NMAC)...  Motor Vehicle          09/07/04  7/21/05, 70 FR 41963........
                               Inspection--Decentr
                               alized.
Part 102 (20.11.102 NMAC)...  Oxygenated Fuels....   09/07/04  7/21/05, 70 FR 41963........
Part 103 (20.11.103 NMAC)...  Motor Vehicle          10/01/02  12/30/04, 69 FR 78314.......
                               Visible Emissions.
----------------------------------------------------------------------------------------------------------------

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

                              EPA-Approved New Mexico Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                  State approval/    EPA approval
        Name of source           Permit number    effective date         date                Explanation
----------------------------------------------------------------------------------------------------------------
None.........................  ................  ................  ...............  ............................
----------------------------------------------------------------------------------------------------------------

    (e) EPA approved nonregulatory provisions.

                         EPA Approved New Mexico Statutes in the Current New Mexico SIP
----------------------------------------------------------------------------------------------------------------
                                                   State
                                                 Approval/
     State citation           Title/subject                       EPA approval date               Comments
                                                 effective
                                                    date
----------------------------------------------------------------------------------------------------------------
                          NMSA 1978--New Mexico Statutes in the Current New Mexico SIP
----------------------------------------------------------------------------------------------------------------
74-1-4..................  Environmental           04/20/90  June 1, 1999.................
                           Improvement Board--
                           Creation--Organizati
                           on.
74-2-1..................  Short Title..........   08/11/83  11/02/84, 49 FR 44101
74-2-2..................  Definitions..........   08/11/83  11/02/84, 49 FR 44101
74-2-3..................  State Air Pollution     08/11/83  11/02/84, 49 FR 44101
                           Control Agency.
74-2-4..................  Municipal or County     04/20/90  June 1, 1999
                           Air Quality Control
                           Board.
74-2-5..................  Duties and Powers of    08/11/83  11/02/84, 49 FR 44101
                           Board.
74-2-6..................  Adoption of             08/11/83  11/02/84, 49 FR 44101
                           Regulations Notice
                           and Hearings.
74-2-7..................  Permits..............   08/11/83  11/02/84, 49 FR 44101
74-2-8..................  Variances............   08/11/83  11/02/84, 49 FR 44101
74-2-9..................  Variances--Judicial     08/11/83  11/02/84, 49 FR 44101
                           Review.
74-2-10.................  Emergency Procedure..   08/11/83  11/02/84, 49 FR 44101
74-2-11.................  Confidential            08/11/83  11/02/84, 49 FR 44101
                           Information.
74-2-11.1...............  Limitations on          08/11/83  11/02/84, 49 FR 44101
                           Regulations.
74-2-12.................  Enforcement..........   08/11/83  11/02/84, 49 FR 44101
74-2-13.................  Inspection...........   08/11/83  11/02/84, 49 FR 44101
74-2-14.................  Penalties............   08/11/83  11/02/84, 49 FR 44101
74-2-15.................  Additional Means of     08/11/83  11/02/84, 49 FR 44101
                           Enforcement.
74-2-15.1...............  Primary Nonferrous      08/11/83  11/02/84, 49 FR 44101
                           Smelter Orders.
74-2-16.................  Declaratory Judgement   08/11/83  11/02/84, 49 FR 44101
                           of Regulation.
74-2-17.................  Continuing Effect of    08/11/83  11/02/84, 49 FR 44101
                           Present Laws, Rules,
                           and Regulations.

[[Page 401]]

 
Article 16, Sections 10-  New Mexico Conflict     07/16/90  June 1, 1999.................
 16-1 through 10-16-16.    of Interest Act.
Article 16, Supplemental  New Mexico              07/16/90  June 1, 1999.................
                           Environmental
                           Improvement Board
                           Code of Conduct.
----------------------------------------------------------------------------------------------------------------
  EPA Approved City of Albuquerque and Bernalillo County Ordinances for State Board Composition and Conflict of
                                               Interest Provisions
----------------------------------------------------------------------------------------------------------------
City of Albuquerque,      Metropolitan            11/16/90  June 1, 1999.................
 Chapter 6, Article XVII   Environmental Health
 Sections 6-17-1 to 6-17-  Advisory Board.
 3.
Bernalillo County         Metropolitan            08/05/74  June 1, 1999.................
 Commission Ordinance      Environmental Health
 302.                      Advisory Board.
Bernalillo County         Metropolitan            08/21/90  June 1, 1999.................  Amended Ordinance
 Commission Ordinance 90-  Environmental Health                                             302.
 19.                       Advisory Board.
City of Albuquerque,      Joint Air Quality       08/01/89  June 1, 1999.................
 Chapter 6, Article XVI    Control Board
 Sections 6-16-1 to 6-16-  Ordinance.
 15.
Bernalillo County         Joint Air Quality       12/27/88  June 1, 1999.................  Amended Ordinance 84-
 Commission Ordinance 88-  Control Board                                                    44.
 45.                       Ordinance.
City of Albuquerque       Public Boards,          07/01/87  June 1, 1999.................
 Chapter 1, Article XII    Commissions and
 Sections 1-12-1 to 1-12-  Committees.
 3.
City of Albuquerque       Conflict of Interest.   07/01/85  June 1, 1999.................
 Chapter 2, Article III
 Sections 2-3-1 to 2-3-
 13.
City of Albuquerque       Code of Ethics.......   04/01/90  June 1, 1999.................
 Charter, Article XII.
Bernalillo County         Code of Ethics.......   02/05/85  June 1, 1999.................
 Commission Ordinance 85-
 3.
City of Albuquerque Code  City Code of Conduct.   02/09/90  June 1, 1999.................
 of Conduct.
City of Albuquerque       Carbon monoxide          6/22/98  5/24/00, 65 FR 33460.........  .....................
 request for               maintenance plan and
 redesignation.            motor vehicle
                           emission budgets.
----------------------------------------------------------------------------------------------------------------


            EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
                                     Applicable
                                   geographic or     State submittal/
     Name of SIP provision         nonattainment      effective date   EPA approval date        Explanation
                                        area
----------------------------------------------------------------------------------------------------------------
State Attorney Generals Opinion  Statewide........  09/04/72.........  04/09/79, 44 FR    Ref 52.1640(c)(4).
                                                                        21020.
Revisions to New Source Review   Statewide........  01/03/73.........  04/09/79, 44 FR    Ref 52.1640(c)(5).
 and Source Surveillance.                                               21020.
Clarification of State permit    Statewide........  01/18/73.........  04/09/79, 44 FR    Ref 52.1640(c)(6).
 and Source Surveillance.                                               21020.

[[Page 402]]

 
Revision for Attainment of       PM in              01/23/79.........  04/10/80, 45 FR    Ref 52.1640(c)(11).
 Standards.                       Albuquerque,                          24468 and 03/26/
                                  Grant, Eddy and                       81, 46 FR 18694.
                                  Lea counties;
                                  Ozone in
                                  Albuquerque; SO2
                                  in San Juan and
                                  Grant counties;
                                  and CO in Las
                                  Cruces,
                                  Farmington, and
                                  Santa Fe
                                  counties.
Ordinance for Motor Vehicle      Albuquerque......  07/02/79.........  04/10/80, 45 FR    Ref 52.1640(c)(12).
 Emission I/M program.                                                  24468.
TSP Plan, RFP, and               Albuquerque......  08/02/79.........  04/10/80, 45 FR    Ref 52.1640(c)(13).
 Transportation Commitments.                                            24468.
Schedule for Albuquerque TSP     Albuquerque and    09/25/79.........  04/10/80, 45 FR    Ref 52.1640(c)(14).
 plan, revising permit            Grant county.                         24468.
 regulations, and extension
 request.
CO Strategies..................  Farmington and     01/23/79.........  04/10/80, 45 FR    Ref 52.1640(c)(15).
                                  Santa Fe                              24468.
                                  counties.
Compliance schedules for         Eddy, Lea, and     07/25/79.........  12/24/80, 45 FR    Ref 52.1640(c)(16).
 several industries.              Grant counties.                       85006.
Revision for attainment of CO    Bernalillo county  03/17/80.........  03/26/81, 46 FR    Ref 52.1640(c)(17).
 standard.                                                              18694.
Commitment to not issue permits  Nonattainment      05/20/80.........  03/26/81, 46 FR    Ref 52.1640(c)(18).
 to stationary sources.           areas.                                18694.
Commitment to submit I/M         Albuquerque,       10/10/80.........  03/26/81, 46 FR    Ref 52.1640(c)(19).
 enforcement plan.                Bernalillo                            18694.
                                  county.
Revision to ambient monitoring   Statewide........  12/12/79.........  08/06/81, 46 FR    Ref 52.1640(c)(20).
 plan.                                                                  40006.
Variance to regulation 506 for   Hidalgo Smelter    02/04/80.........  08/19/81, 46 FR    Ref 52.1640(c)(21).
 Phelps Dodge Corp.               in Playas, NM.                        42065.
Revised SO2 control strategy...  San Juan county..  02/12/81.........  08/27/81, 46 FR    Ref 52.1640(c)(22).
                                                                        43153.
Memorandum of understanding      Statewide........  04/16/81.........  08/27/81, 46 FR    Ref 52.1640(c)(22).
 between the State and Arizona                                          43153.
 Public Service Company.
Compliance schedule for units 4  Four Corners       03/31/80.........  03/30/82, 47 FR    Ref 52.1640(c)(23).
 and 5 of the Arizona Public      Power plant.                          13339.
 Service.
Variance to regulation 603 for   Four Corners       07/31/80.........  03/30/82, 47 FR    Ref 52.1640(c)(25).
 units 3, 4, and 5 of the         Power plant.                          13339.
 Arizona Public Service.
New Mexico plan for Lead.......  Statewide........  05/19/80.........  05/05/82, 47 FR    Ref 52.1640(c)(27).
                                                                        19334 and 08/14/
                                                                        84, 49 FR 32184.
Revision to SO2 control          Grant county.....  05/12/81 and 08/   05/05/82, 47 FR    Ref 52.1640(c)(28).
 strategy.                                           13/81.             19333.
Intergovernmental Consultation   N/A..............  03/28/80.........  03/08/84, 49 FR    Ref 52.1640(c)(31).
 program.                                                               08610.
Public Information and           Statewide........  12/20/79.........  08/24/83, 48 FR    Ref 52.1640(c)(33).
 Participation program.                                                 38467.
Revision for attainment of CO    Bernalillo county  06/28/82 and 01/   07/01/83, 48 FR    Ref 52.1640(c)(34).
 standard.                                           26/83.             30366.
Variance to regulation 603.B     Four Corners       02/04/87, 10/26/   10/27/89, 54 FR    Ref 52.1640(c)(38).
 for units 3, 4, and 5 of the     Power Plant.       87, and 02/16/88.  43814.
 Arizona Public Service.
Revision to SIP for moderate     Anthony area;      11/08/91.........  09/09/93, 58 FR    Ref 52.1640(c)(50).
 PM10 nonattainment areas.        Dona Ana county.                      47383.
Narrative plan addressing CO     Albuquerque,       11/05/92.........  11/29/93, 58 FR    Ref 52.1640(c)(52).
 nonattainment areas.             Bernalillo                            62535.
                                  county.

[[Page 403]]

 
CO continency measures and       Albuquerque,       11/12/93.........  05/05/94, 59 FR    Ref 52.1640(c)(57).
 proposed Clean Fuel Vehicle      Bernalillo                            23167.
 fleet demonstration.             county.
Update to supplement to control  Bernalillo county  11/09/94.........  06/24/96, 61 FR    Ref 52.1640(c)(61).
 air pollution.                                                         32339.
Revision approving request for   Albuquerque,       05/11/95.........  06/13/96, 61 FR    Ref 52.1640(c)(63).
 redesignation, a vehicle I/M     Bernalillo                            29970.
 program, and required            nonattainment
 maintenance plan.                area.
Waiver of NOX control            Do[ntilde]a Ana    10-01-97.........  2/8/02, 67 FR
 requirements..                   County (part),                        6152.
                                  marginal ozone
                                  nonattainment
                                  area.
Revision for Attainment, and     Portion of Grant   02/21/03.........  9/18/03, 68 FR     ......................
 Maintenance Plan of SO2          County, this                          54676.
 Standards.                       portion is
                                  restricted to a
                                  3.5 mile radius
                                  around the
                                  Kennecott Copper
                                  Corporation (now
                                  owned by the
                                  Phelps Dodge
                                  Corporation and
                                  called the
                                  Hurley smelter)
                                  and land above
                                  6470 feet Mean
                                  Sea Level within
                                  an 8 mile radius
                                  of the Hurley
                                  Smelter/
                                  Concentrator in
                                  Hurley.
Contingency Measures Plan......  Portion of Grant   2/21/03..........  9/18/03, 68 FR     ......................
                                  County, this                          54676.
                                  portion is
                                  restricted to a
                                  3.5 mile radius
                                  around the
                                  Kennecott Copper
                                  Corporation (now
                                  owned by the
                                  Phelps Dodge
                                  Corporation and
                                  called the
                                  Hurley smelter)
                                  and land above
                                  6470 feet Mean
                                  Sea Level within
                                  an 8 mile radius
                                  of the Hurley
                                  Smelter/
                                  Concentrator in
                                  Hurley.
Maintenance plan for carbon      Bernalillo County  2/12/03..........  10/9/03, 68 FR     ......................
 monoxide--Albuquerque/                                                 58280.
 Bernalillo County, New Mexico:
 Update of carbon monoxide
 budgets using MOBILE6.
Second 10-year maintenance plan  Bernalillo County  9/07/04..........  7/21/05, 70 FR
 (limited maintenance plan) for                                         41963.
 Albuquerque/Bernalillo County.
Clean Air Action Plan and 8-     San Juan County..  12/16/04.........  8/17/05, 70 FR
 hour ozone standard attainment                                         48285.
 demonstration for the San Juan
 County EAC area.
New Mexico Visibility            Statewide........  08/21/86.........  01/27/06, 71 FR
 Protection Plan for Phase I,                                           4490.
 Part I of the Federal
 Visibility Requirements,
 August 8, 1986.
New Mexico Visibility            Statewide........  10/08/92.........  01/27/06, 71 FR
 Protection Plan for Phase I,                                           4490.
 Part II of the Federal
 Visibility Requirements,
 September 9, 1992.
----------------------------------------------------------------------------------------------------------------


[[Page 404]]


[63 FR 37495, July 13, 1998]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1620, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1621  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Albuquerque-Mid-Rio Grande Intrastate.....................           I        III       III       III          I
New Mexico Southern Border Intrastate.....................          IA         IA       III       III        III
El Paso-Las Cruces-Alamogordo Interstate..................           I         IA       III         I          I
Four Corners Interstate...................................          IA         IA       III       III        III
Northeastern Plains Intrastate............................         III        III       III       III        III
Pecos-Permian Basin Intrastate............................         III        III       III       III        III
Southwestern Mountains-Augustine Plains Intrastate........         III        III       III       III        III
Upper Rio Grande Valley Intrastate........................         III        III       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 1081, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 42 FR 
20131, Apr. 18, 1977; 45 FR 24468, Apr. 10, 1980; 45 FR 67347, Oct. 10, 
1980; 52 FR 5965, Feb. 27, 1987]



Sec. 52.1622  Approval status.

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

[45 FR 24468, Apr. 10, 1980]



Sec. 52.1623  Conditional approval.

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

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

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

[63 FR 48109, Sept. 9, 1998]

[[Page 405]]



Sec. Sec. 52.1624-52.1626  [Reserved]



Sec. 52.1627  Control strategy and regulations: Carbon monoxide.

    (a) Part D Approval. The Albuquerque/Bernalillo County carbon 
monoxide maintenance plan as adopted on April 13, 1995, meets the 
requirements of Section 172 of the Clean Air Act, and is therefore 
approved.
    (b) Approval--The Albuquerque/Bernalillo County carbon monoxide 
limited maintenance plan revision dated September 7, 2004, meets the 
requirements of section 172 of the Clean Air Act, and is therefore 
approved.

[61 FR 29973, June 13, 1996, as amended at 70 FR 41967, July 21, 2005]



Sec. Sec. 52.1628-52.1633  [Reserved]



Sec. 52.1634  Significant deterioration of air quality.

    (a) The plan submitted by the Governor of New Mexico on February 21, 
1984 (as adopted by the New Mexico Environmental Improvement Board 
(NMEIB) on January 13, 1984), August 19, 1988 (as revised and adopted by 
the NMEIB on July 8, 1988), and July 16, 1990 (as revised and adopted by 
the NMEID on March 9, 1990), Air Quality Control Regulation 707--
Permits, Prevention of Significant Deterioration (PSD) and its 
Supplemental document, is approved as meeting the requirements of part 
C, Clean Air Act for preventing significant deterioration of air 
quality.
    (b) The requirements of section 160 through 165 of the Clean Air Act 
are not met for federally designated Indian lands. Therefore, the 
provisions of Sec. 52.21 except paragraph (a)(1) are hereby 
incorporated and made a part of the applicable implementation plan, and 
are applicable to sources located on land under the control of Indian 
governing bodies.
    (c) The plan submitted by the Governor in paragraph (a) of this 
section for Prevention of Significant Deterioration is not applicable to 
Bernalillo County. Therefore, the following plan described below is 
applicable to sources located within the boundaries of Bernalillo County 
(including the City of Albuquerque). This plan, submitted by the 
Governor of New Mexico on April 14, 1989, August 7, 1989, May 1, 1990, 
and May 17, 1993, and respectively adopted on March 8, 1989, July 12, 
1989, April 11, 1990, and February 10, 1993, by the Albuquerque/
Bernalillo County Air Quality Control Board, containing Regulation 29--
Prevention of Significant Deterioration and its April 11, 1990, 
Supplemental document, is approved as meeting the requirements of part C 
of the Clean Air Act for the prevention of significant deterioration of 
air quality.

[58 FR 67333, Dec. 21, 1993, as amended at 68 FR 11323, Mar. 10, 2003; 
68 FR 74490, Dec. 24, 2003]



Sec. 52.1635  Rules and regulations.

    (a) Part D disapproval: The requirements of Sec. 51.281 of this 
chapter are not met since the measurement provisions of Sections A, B.2, 
and B.3 of New Mexico Regulation 506 make these sections unenforceable. 
Therefore, Sections A, B.2, and B.3 of Regulation 506 are disapproved.
    (b) Regulation for measurement of emission limitations (particulate 
matter from nonferrous smelters). (1) This regulation applies to new and 
existing nonferrous smelters as they are defined in New Mexico 
Regulation 506. The requirements of this paragraph replace the 
requirements of Sections A, B.2, and B.3 of Regulation 506. All other 
requirements of Regulation 506 are approved as part of the plan.
    (2) No person owning or operating a new nonferrous smelter shall 
permit, cause, suffer, or allow particulate matter emissions to the 
atmosphere in excess of 0.03 grains per dry standard cubic foot (as 
defined in 40 CFR part 60) of discharge gas.
    (3) No person owning or operating an existing nonferrous smelter 
shall permit, cause, suffer, or allow particulate matter to the 
atmosphere from:
    (i) The stack or stacks serving the acid plant in excess of 0.05 
grains per dry standard cubic foot of discharge gas.
    (ii) The stack or stacks serving the reverberatory feed dryer in 
excess of 0.05 grains per dry standard cubic foot of discharge gas.
    (c) Regulation for compliance testing (particulate matter from 
nonferrous smelter). The requirements of Sec. 60.8(f) of 40 CFR part 60 
shall apply to paragraph

[[Page 406]]

(b)(2) of this section, and to each operation of Section B.4 of New 
Mexico Regulation 506.

[45 FR 24469, Apr. 10, 1980, as amended at 51 FR 40677, Nov. 7, 1986]



Sec. 52.1636  [Reserved]



Sec. 52.1637  Particulate Matter (PM[bdi1][bdi0]) Group II SIP 
commitments.

    (a) On August 19, 1988, the Governor of New Mexico submitted a 
revision to the State Implementation Plan (SIP) that contained 
commitments, from the Director of New Mexico Environmental Improvement 
Division, for implementing all of the required activities including 
monitoring, reporting, emission inventory, and other tasks that may be 
necessary to satisfy the requirements of the PM10 Group II 
SIPs. The New Mexico Environmental Improvement Board adopted this SIP 
revision on July 7 and 8, 1988.
    (b) The State of New Mexico has committed to comply with the 
PM10 Group II State Implementation Plan (SIP) requirements, 
as articulated in the Federal Register notice of July 1, 1987 (52 FR 
24670), for Dona Ana, Grant, Sandoval, Santa Fe, and Taos counties as 
provided in the New Mexico PM10 Group II SIPs. In addition to 
the SIP, a letter from the Director of New Mexico Environmental 
Improvement Division, dated July 15, 1988, stated that:

    This letter is in reference to PM10 Group II State 
Implementation Plan (SIP) requirements. In response to the requirements 
of the July 1, 1987 Federal Register, notice on PM10, the 
Environmental Improvement Division has prepared a Committal SIP for 
Group II areas. As expressed in this SIP revision, the Division is 
committing to carry out all required actions such as monitoring, 
reporting, emission inventory development, and other tasks necessary to 
satisfy the SIP requirements for PM10 Group II areas.

[54 FR 20579, May 12, 1989]



Sec. 52.1638  Bernalillo County particulate matter (PM[bdi1][bdi0]) 
Group II SIP commitments.

    (a) On December 7, 1988, the Governor of New Mexico submitted a 
revision to the State Implementation Plan (SIP) for Bernalillo County 
that contained commitments, from the Director of the Albuquerque 
Environmental Health Department, for implementing all of the required 
activities including monitoring, reporting, emission inventory, and 
other tasks that may be necessary to satisfy the requirements of the 
PM10 Group II SIPs. The City of Albuquerque and Bernalillo 
County Air Quality Control Board adopted this SIP revision on November 
9, 1988.
    (b) The Albuquerque Environmental Health Department has committed to 
comply with the PM10 Group II State Implementation Plan (SIP) 
requirements, as articulated in the Federal Register notice of July 1, 
1987 (52 FR 24670), for Bernalillo County as provided in the County's 
PM10 Group II SIP. In addition to the SIP, a letter from the 
Director of the Albuquerque Environmental Health Department, dated 
November 17, 1988, stated that:
    (1) This letter is in reference to the PM10 Group II SIP 
requirements particularly as pertains to Bernalillo County. In response 
to the requirements of the July 1, 1987 Federal Register notice on 
PM10, the Albuquerque Environmental Health Department has 
prepared a Committal SIP for all of Bernalillo County which has been 
classified Group II for this pollutant.
    (2) As expressed in the attached SIP revision, the Department is 
committing to carry out all required actions such as monitoring, 
reporting, emission inventory development and other tasks necessary to 
satisfy the SIP requirements for PM10 Group II areas.

[54 FR 23477, June 1, 1989]



Sec. 52.1639  Prevention of air pollution emergency episodes.

    (a) The plan submitted by the Governor of New Mexico on August 19, 
1988, and as adopted on July 7, 1988, by the New Mexico Environmental 
Improvement Board, entitled Air Pollution Episode Contingency Plan for 
New Mexico, is approved as meeting the requirements of section 110 of 
the Clean Air Act and 40 CFR part 51, subpart H. This plan is only 
approved for the State of New Mexico outside of the boundaries of 
Bernalillo County.
    (b) The plan submitted by the Governor in (a) for the Air Pollution 
Episode Contingency Plan is not applicable to Bernalillo County. 
Therefore, the following plan described below is applicable to sources 
located within

[[Page 407]]

the boundaries of Bernalillo County (including the City of Albuquerque). 
This plan, submitted by the Governor of New Mexico on April 14, 1989, 
and adopted on January 26, 1989, by the Albuquerque/Bernalillo County 
Air Quality Control Board, entitled Air Pollution Episode Contingency 
Plan for Bernalillo County, is approved as meeting the requirements of 
section 110 of the Clean Air Act and 40 CFR part 51, subpart H.

[56 FR 38074, Aug. 12, 1991]



Sec. 52.1640  Original identification of plan section.

    (a) This section identifies the original ``State of New Mexico 
Implementation Plan'' and all revisions submitted by New Mexico that 
were federally approved prior to January 1, 1998.
    (b) The plan was officially submitted on January 27, 1972.
    (c) The Plan revisions listed below are submitted on the dates 
specified.
    (1) The Environmental Improvement Agency submitted revisions of Air 
Quality Control Regulations 506, 507, 604, 605, 606, 651, and 652 
(adopted by the Board on January 10, 1972) on March 7, 1972.
    (2) Additions of sections 12-14-1 through 12-14-13 of the State's 
Air Quality Control Act, and Regulations 504, 602, and 603 were 
submitted by the Governor on May 9, 1972.
    (3) Revisions of Regulations 702, 703, 704, and 705, as adopted by 
the Board on July 29, 1972, and revisions of Sections IV, V, VII, and 
VIII, were submitted by the Environmental Improvement Agency on July 31, 
1972.
    (4) State Attorney General's opinion on legal authority and 
confidentiality of source data was submitted on September 4, 1972. (Non-
regulatory)
    (5) Revisions of the New Source Review and Source Surveillance 
sections of the New Mexico Implementation Plan were submitted by the 
Environmental Improvement Agency on January 3, 1973. (Non-regulatory)
    (6) Clarification of the State permit and source surveillance 
regulations was submitted by the Environmental Improvement Agency on 
January 18, 1973. (Non-regulatory)
    (7) Regulation 705, Compliance Schedules, was submitted by the 
Governor on February 12, 1974.
    (8) Revisions to Regulation 602, Coal Burning Equipment-Sulfur 
Dioxide, as adopted by the New Mexico Environmental Improvement Board on 
December 13, 1974, were submitted by the Governor on October 3, 1975 
(see Sec. 52.1624).
    (9) Revisions to Regulation 100, Definitions, Regulation 705, 
Schedules of Compliance, and a new Regulation 706, Air Quality 
Maintenance Areas, were submitted by the Governor on November 6, 1975 
(see Sec. 52.1633).
    (10) Revisions to sections 12-14-2, 12-14-6, and 12-14-7 of the New 
Mexico Air Quality Control Act were submitted by the Governor on 
November 6, 1975.
    (11) Revisions to the plan for attainment of standards for 
particulate matter in Albuquerque and Grant, Eddy and Lea Counties, 
sulfur dioxide in San Juan and Grant Counties; ozone in Albuquerque and 
carbon monoxide in Las Cruces, Farmington and Santa Fe were submitted by 
the Governor on January 23, 1979.
    (12) Ordinance for motor vehicle emissions inspection/maintenance 
program for Albuquerque submitted by the Governor July 2, 1979.
    (13) Commitments regarding the development of a TSP plan for 
Albuquerque, modifications to the permit regulations and commitments 
regarding reasonable further progress and commitments to currently 
planned transportation control measures for Albuquerque were submitted 
by the Governor on August 2, 1979.
    (14) Schedule for Albuquerque TSP plan, request for 18 month 
extension for submission of a plan for attainment of the TSP standard in 
Grant County, schedule for revising permit regulations were submitted by 
the Governor on September 25, 1979.
    (15) No action is being taken on the carbon monoxide strategies 
submitted by the Governor on January 23, 1979 for Farmington and Santa 
Fe.
    (16) Compliance schedules for several industries located in Eddy, 
Lea and Grant Counties were submitted to EPA by the Governor of New 
Mexico on July 25, 1979.

[[Page 408]]

    (17) Revisions to the plan for attainment of the standard for carbon 
monoxide in Bernalillo County were submitted by the Governor on March 
17, 1980.
    (18) A commitment to not issue permits to stationary sources located 
in nonattainment areas was submitted by the Governor on May 20, 1980.
    (19) A commitment to submit an enforcement plan for the Albuquerque-
Bernalillo County inspection/maintenance program was submitted by the 
Governor on October 10, 1980.
    (20) On December 12, 1979, the Governor submitted final revisions to 
the ambient monitoring portion of plan.
    (21) A variance to Regulation 506 for Phelps Dodge Corporation, 
Hidalgo Smelter in Playas, New Mexico was submitted by the Governor on 
February 4, 1980.
    (22) Revisions to Regulation 602, Coal Burning Equipment-Sulfur 
Dioxide and a compliance schedule for that regulation were adopted on 
November 20, 1980 by the New Mexico Environmental Improvement Board and 
submitted by the Governor on November 24, 1980. A revised sulfur dioxide 
control strategy demonstration for San Juan County, based on revised 
Regulation 602 was submitted by the New Mexico Environmental Improvement 
Division on February 12, 1981. Clarifications of provisions in revised 
regulation 602, and a memorandum of understanding between the State and 
Arizona Public Service Company on the procedure to be used by EPA in 
enforcing power plant station emission limits were submitted by the New 
Mexico Environmental Improvement Division on April 16, 1981.
    (23) A revision to Regulation 504 which extends the final compliance 
date for Units 4 and 5 of the Arizona Public Service Four Corners Power 
Plant to December 31, 1982 was submitted by the Governor on June 28, 
1978. A compliance schedule for the same units was submitted by the 
Governor on March 31, 1980.
    (24) A revision to Regulation 507, changing the emission limitations 
was submitted by the Governor on January 23, 1979.
    (25) A variance to Regulation 603 for the Arizona Public Service 
Units 3, 4, and 5 at the Four Corners Generating Station, was submitted 
by the Governor on July 31, 1980.
    (26) Revision to the plan for maintenance of pay for sources subject 
to nonferrous smelter orders (Section 74-2-11.1B of the New Mexico Air 
Quality Control Act) was submitted by the Governor on September 26, 
1979.
    (27) The New Mexico Plan for lead was submitted to EPA on May 19, 
1980, by the Governor of New Mexico as adopted by the New Mexico 
Improvement Board on May 9, 1980. A clarifying letter dated February 10, 
1982 also was submitted.
    (28) Revisions to Regulation 652, Non-Ferrous Smelters--Sulfur, 
submitted by the Governor on June 22, 1981. A revised sulfur dioxide 
control strategy demonstration for Grant County based on the revised 
Regulation 652 was submitted by the New Mexico Environmental Improvement 
Division on May 12, 1981 and August 13, 1981.
    (29) A revision to Regulation 401, Regulation to Control Smoke and 
Visible Emissions, was adopted by the Environmental Improvement Board on 
August 25, 1978 and submitted by the Governor on November 8, 1978.
    (30) Revision to New Mexico Regulation 801, Excess Emissions during 
Malfunction, Startup, Shutdown or Scheduled Maintenance, was submitted 
by the Governor on May 16, 1981.
    (31) Revisions to Section X, Intergovernmental Consultation and 
Cooperation and Interstate Pollution Abatement, submitted by the 
Governor on January 23, 1979, the Intergovernmental Consultation Program 
submitted by the Environmental Improvement Division, March 28, 1980 and 
copies of letters from the New Mexico Environmental Improvement Division 
dated November 7, 1977 to the States of Texas, Oklahoma, Arizona, 
Colorado, and Utah sent in compliance with section 126(a)(2) of the 
Clean Air Act, as amended in 1977.
    (32) Revisions to Air Quality Control Regulation 652, Nonferrous 
Smelters--Sulfur were adopted by the New Mexico Environmental 
Improvement Board on June 11, 1982 and submitted to EPA by the Governor 
of New Mexico on July 26, 1982.

[[Page 409]]

    (33) Addition of Public Information and Participation Program, 
submitted by the Environmental Improvement Division on December 20, 
1979.
    (34) Revisions to the plan for attainment of the standard for Carbon 
Monoxide in Bernalillo County were submitted by the Governor on June 28, 
1982, and January 26, 1983, which included the Albuquerque/Bernalillo 
County Air Quality Control Board Regulation Number 28, adopted October 
19, 1982. On March 4, 1985, the vehicle inspection and maintenance 
portion of the SIP providing for attainment of the standard for Carbon 
Monoxide in Bernalillo County was disapproved.
    (35) Revisions to sections 74-2-2 (9/79, 2/82, 4/83); 74-2-5 (9/79, 
2/82, 4/83); 74-2-6 (2/82); 74-2-7 (9/79, 2/82, 4/83); 74-2-9 (9/79); 
74-2-11 (9/79); 74-2-11.1 (9/79); 74-2-15 (9/79); and 74-2-15.1 (9/79) 
of the State's Air Quality Control Act were submitted by the New Mexico 
Secretary for Health and Environment on August 11, 1983.
    (36) A revision to Air Quality Control Regulation 402 ``Regulation 
to Control Wood Waste Burners'' as adopted by the New Mexico 
Environmental Improvement Board on January 10, 1975, and revised by that 
Board on December 10, 1982, was submitted by the State on December 23, 
1983.
    (37) On February 21, 1984, the Governor of New Mexico submitted Air 
Quality Control Regulation 707--Permits, Prevention of Significant 
Deterioration (PSD), as adopted by the New Mexico Environmental 
Improvement Board on January 13, 1984. Regulation 707 provides authority 
for the State to implement the PSD program in certain areas of the 
State. On May 14, 1985, the Governor of New Mexico submitted a letter in 
which he committed the State not to issue PSD permits under Regulation 
707 to sources which would require review under EPA's stack height 
regulations because they would have stack heights over sixty five (65) 
meters or would use any other dispersion techniques, as defined at 40 
CFR 51.1(hh).
    (i) Incorporation by reference.
    (A) Letter from the Governor of New Mexico dated February 21, 1984 
to EPA, and New Mexico Air Quality Control Regulation No. 707--Permits, 
Prevention of Significant Deterioration of Air Quality, except for 
sources that locate (or are located) on lands under control of Indian 
Governing Bodies, or sources that locate (or are located) in Bernalillo 
County, or sources that require review under EPA's stack height 
regulations because they have stack heights over sixty five (65) meters 
or use any other dispersion techniques, as defined at 40 CFR 51.1(hh), 
adopted on January 13, 1984.
    (B) A letter from the Governor of New Mexico dated May 14, 1985, in 
which he committed the State not to issue PSD permits under Regulation 
707 to source which would require review under EPA's stack height 
regulations because they would have stack heights over sixty five (65) 
meters or would use any other dispersion techniques, as defined at 40 
CFR 51.1(hh).
    (ii) Additional material.
    (A) A narrative explantion entitled ``Revision to the New Mexico 
State Implementation Plan--Prevention of Significant Deterioration of 
Air Quality.''
    (38) Revisions to the New Mexico SIP for the Arizona Public Service 
Units 3, 4 and 5 at the Four Corners Generating Station were submitted 
by the Governor on February 4, 1987, October 26, 1987, and February 16, 
1988.
    (i) Incorporation by reference.
    (A) An Order dated and effective August 7, 1986, issued by the 
Chairman of the New Mexico Environmental Improvement Board in the matter 
of Arizona Public Service Company, Fruitland, New Mexico for Units 3, 4 
and 5 of the Four Corners Power Plant granting a variance through May 
31, 1987, from Air Quality Control Regulation 603.B.
    (B) A Memorandum and Order dated and effective April 10, 1987, 
issued by the Chairman of the New Mexico Environmental Improvement Board 
in the matter of Arizona Public Service Company, Fruitland, New Mexico 
for Units 3, 4 and 5 of the Four Corners Power Plant extending the term 
of the variance from May 31, 1987 through October 15, 1987.
    (C) An Order dated and effective December 18, 1987, issued by the 
Chairman of the New Mexico Environmental Improvement board in the matter 
of Arizona Public Service Company, Fruitland, New Mexico for Units 3, 4 
and 5 of

[[Page 410]]

the Four Corners Power Plant extending the term of the variance through 
September 30, 1989 for Unit 4, September 30, 1990 for Unit 3, and 
September 30, 1991 for Unit 5.
    (ii) Additional material. (A) Modeling Protocol, The Four Corners 
Power Plant, prepared by Bruce Nicholson of the New Mexico Environmental 
Improvement Division, November 6, 1987.
    (B) Amendment to Modeling Protocol, letter of August 17, 1988, from 
Bruce Nicholson of the New Mexico Environmental Improvement Division to 
Gerald Fontenot of EPA Region 6.
    (C) Modeling Report, letter of October 27, 1988 to C. V. Mathai 
(Arizona Public Service Company) and Bruce Nicholson (New Mexico 
Environmental Improvement Division) from Mark Yocke of Systems 
Applications Inc.
    (D) An air quality impact analysis dated November 16, 1988, 
submitted by the Governor of New Mexico which demonstrated that the 
variance would not interfere with attainment or maintenance of the 
NO2 NAAQS.
    (39) On April 26, 1988, the Governor of New Mexico submitted a 
revision to the State Implementation Plan that contained Air Quality 
Control Regulation No. 710--Stack Height Requirements, as adopted by the 
New Mexico Environmental Improvement Board on March 10, 1988. Regulation 
No. 710 enables the State to ensure that the degree of emission 
limitation required for the control of any air pollutant under its SIP 
is not affected by that portion of any stack height that exceeds GEP or 
by any other dispersion technique.
    (i) Incorporation by reference.
    (A) New Mexico Air Quality Control Regulation No. 710--Stack Height 
Requirements, effective April 14, 1988.
    (ii) Other material--None.
    (40) On November 5, 1985, the Governor of New Mexico submitted Air 
Quality Control Regulation 709, Permits-Nonattainment Areas, as adopted 
by the New Mexico Environmental Improvement Board on July 26, 1985, and 
effective on August 25, 1985. On August 19, 1988, the Governor of New 
Mexico submitted revisions to Air Quality Control Regulation 709, 
Permits--Nonattainment Areas, as adopted by the New Mexico Environmental 
Improvement Board on July 8, 1988, and effective on August 31, 1988. 
These revisions were to Section G.3, H.4.(d), J.1.(b)(iv), and L.32. 
Regulation 709 establishes a program under which new major source and 
major modifications may be constructed in areas where a National Ambient 
Air Quality Standard (NAAQS) is being exceeded, without interfering with 
the continuing progress toward attainment of that standard. This 
regulation is part of New Mexico's New Source Review (NSR) program.
    (i) Incorporation by reference.
    (A) Incorporation of New Mexico Air Quality Control Regulation 709; 
adopted on July 26, 1985, effective August 25, 1985 and Revisions G.3; 
H.4.(d); J.1.(b)(iv); and L.32 adopted on July 8, 1988, effective August 
31, 1988.
    (ii) Additional material.
    (A) Letter dated September 29, 1988, from the New Mexico Air Quality 
Bureau Chief making commitments requested by EPA in the August 31, 1988, 
Federal Register Proposed Rulemaking (51 FR 33505).
    (41) Revisions to the New Mexico State Implementation Plan for 
particulate matter (PM10 Group III): (1) Air Quality Control 
Regulation (AQCR) 100--Definitions Sections P, Q, R, S, BB; (2) AQCR 
707--Permits, Prevention of Significant Deterioration (PSD) Sections C, 
E(8), I(4), I(9)(a), J, P(19) through P(29), P(34), P(40), Table 2, and 
Table 3; and (3) AQCR 709--Permits, Nonattainment Areas sections 
A(1)(b), A(5), and Table 1 as adopted by the New Mexico Environmental 
Improvement Board (NMEIB) on July 8, 1988, and filed with State Records 
Center on August 1, 1988; and (4) Air Pollution Episode Contingency Plan 
for New Mexico, as adopted by the NMEID on July 7, 1988, were submitted 
by the Governor on August 19, 1988. Approval of the PM10 Group III SIP 
is partially based on previous approved AQCRs 100, 301, 401, 402, 501, 
502, 506, 507, 508, 509, 510, 511, 601, 702, 707, and 709.
    (i) Incorporation by reference.
    (A) AQCR 100--Definitions Section P, Q, R, S, and BB as filed with 
State Records Center on August 1, 1988.
    (B) AQCR 707--Permits, Prevention of Significant Deterioration (PSD) 
Sections C, E(8), I(4), I(9)(a), J, P(19) through P(29), P(34), P(40), 
Table 2, and

[[Page 411]]

Table 3, as filed with State Records Center on August 1, 1988.
    (C) AQCR 709--Permits, Nonattainment Areas Sections A(1)(b), A(5), 
and Table 1 as filed with State Records Center on August 1, 1988.
    (ii) Additional material.
    (A) A letter dated May 25, 1988, from the NMEID General Counsel to 
EPA's Region 6 Air Programs Chief indicating that the State of New 
Mexico has sufficient authority to enforce the NAAQS without adopting 
the Federal NAAQS as State standards.
    (42) [Reserved]
    (43) A revision to the New Mexico State Implementation Plan (SIP) to 
include Air Quality Control Regulation 700--Filing and Permit Fees, as 
filed with the State Records and Archives Center on November 20, 1989, 
and submitted by the Governor of New Mexico on May 14, 1990.
    (i) Incorporation by reference.
    (A) New Mexico Air Quality Control Regulation 700--Filing and Permit 
Fees, as filed with the State Records and Archives Center on November 
20, 1989.
    (44) A revision to the New Mexico State Implementation Plan (SIP) to 
include: Air Quality Control Regulation 110--Confidential Information 
Protection, and Air Quality Control Regulation 703.1--Notice of Intent 
and Emissions Inventory Requirements, and revisions to Air Quality 
Control Regulations 100--Definitions and 709--Permits--Nonattainment 
Areas, as all filed with the State Records and Archives Center on May 
29, 1990, and submitted by the Governor of New Mexico on July 16, 1990; 
and revisions to Air Quality Control Regulation 702--Permits, as filed 
with the State Records and Archives Center on August 18, 1987, on 
October 19, 1988, and on May 29, 1990. Air Quality Control Regulation 
702 was first submitted by the Governor of New Mexico to EPA on 
September 17, 1987. Further revisions to Air Quality Control Regulation 
702 were submitted to EPA on October 28, 1988, and on July 16, 1990. The 
approval of Air Quality Control Regulation 703.1 allows Air Quality 
Control Regulation 703 to be removed from the New Mexico State 
Implementation Plan.
    (i) Incorporation by reference.
    (A) New Mexico Air Quality Control Regulation 110--Confidential 
Information Protection, as filed with the State Records and Archives 
Center on May 29, 1990.
    (B) New Mexico Air Quality Control Regulation 703.1--Notice of 
Intent and Emissions Inventory Requirements, ``Part One--Definitions;'' 
``Part Two--Notice of Intent;'' and ``Part Three--Emissions Inventory 
Requirements,'' as filed with the State Records and Archives Center on 
May 29, 1990.
    (C) New Mexico Air Quality Control Regulation 100--Definitions, 
sections (B), (C), (D), (E), (F), (G), (H), (I), (J), (N), (O), (T), 
(U), (V), (W), (X), (Y), (Z), (AA), (CC), (DD), and (EE), as filed with 
the State Records and Archives Center on May 29, 1990.
    (D) New Mexico Air Quality Control Regulation 702--Permits, ``Part 
One--Definitions,'' first paragraph and sections 1, 2, 3, 4, 5; ``Part 
Two--Permit Processing and Requirements,'' section A, subsections A(4), 
A(6); section G, ``Public Notice and Participation,'' subsections G(1) 
(first paragraph), G(1)(e); section H, ``Permit Decisions and Appeals,'' 
subsections H(1), H(2), H(3), H(5), H(6), H(7); Section I, ``Basis for 
Denial of Permit,'' subsections I(1), I(3); Section J, ``Additional 
Legal Responsibilities on Applicants;'' section K, ``Permit 
Conditions,'' subsections K(1), K(2), K(3), K(4); section L, ``Permit 
Cancellations;'' section M, ``Permittee's Notification Requirements to 
Division,'' subsections M (first paragraph), M(1); Section O, ``Source 
Class Exemption Process (Permit Streamlining),'' subsections O(1)(a), 
O(2); and section P, ``Emergency Permit Process,'' subsections P(2), 
P(3), P(4), as filed with the State Records and Archives Center on 
August 18, 1987; and further revisions to Air Quality Control Regulation 
702, ``Part One--Definitions,'' sections 6, 7, 8, 9, 10, 11; ``Part 
Two--Permit Processing and Requirements,'' section A, subsection 
A(1)(b); section H, ``Permit Decisions and Appeals,'' subsection H(4); 
and section I, ``Basis for Denial of Permit,'' subsection I (first 
paragraph), as filed with the State Records and Archives Center

[[Page 412]]

on October 19, 1988; and further revisions to Air Quality Control 
Regulation 702, ``Part One--Definitions,'' Sections 12, 13, 14, 15, 16, 
17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33; 
``Part Two--Permit Processing and Requirements,'' section A, 
``Application for Construction, Modification, NSPS, and NESHAP--Permits 
and Revisions,'' Subsections A(1)(a)(i), A(1)(a)(ii), A(1)(a)(iii), 
A(1)(a)(v), A(2), A(3), A(5), A(7); Section B, ``New Source Review 
Coordination;'' section C, ``Permit Revision;'' section D, ``Contents of 
Applications (except last sentence of section D, subsection D(1)(d));'' 
section E, ``Confidential Information Protection;'' section F, 
``Construction, Modification and Permit Revision in Bernalillo County;'' 
section G, ``Public Notice and Participation,'' subsections G(1)(a), 
G(1)(b), G(1)(c), G(1)(d), G(1)(f), G(2); section I, ``Basis for Denial 
of Permit,'' subsections I(2), I(4), I(5), I(6), I(7); section K, 
``Permit Conditions,'' subsection K(5); section M, ``Permittee's 
Notification Requirements to Division,'' Subsections M(2), M(3), M(4); 
section N, ``Startup and Followup Testing;'' Section O, ``Source Class 
Exemption Process (Permit Streamlining),'' subsections O(1) (first 
paragraph), O(1)(b), O(1)(c), O(3), O(4); section P, ``Emergency Permit 
Process,'' subsections P(1), P(5); section Q, ``Nonattainment Area 
Requirements;'' and Table 1, ``Significant Ambient Concentrations,'' as 
filed with the State Records and Archives Center on May 29, 1990.
    (E) New Mexico Air Quality Control Regulation 709--Permits--
Nonattainment Areas, section A, ``Applicability,'' subsections A(1), 
A(3), A(4); section B, ``Source Obligation,'' subsections B(3), B(5), 
B(6); section C, ``Source Information,'' subsections C (first 
paragraph), C(1), C(2); section D, ``Source Requirements,'' subsections 
D(1), D(2), D(3), D(4), D(5); section E, ``Additional Requirements for 
Sources Impacting Mandatory Federal Class I Areas,'' subsections E(1), 
E(2), E(5); section H, ``Banking of Emission Reduction,'' subsection 
H(4)(a); section I, ``Air Quality Benefit,'' subsections I(1), I(2); 
section J, ``Public Participation and Notification;'' section K, 
``Definitions;'' and Table 2, ``Fugitive Emissions Source Categories,'' 
Title only, as filed with the State Records and Archives Center on May 
29, 1990.
    (45) On July 11, 1986, the Governor of New Mexico submitted a 
revision to the State Implementation Plan that contained Albuquerque/
Bernalillo County Air Quality Control Regulation (AQCR) No. 33--Stack 
Height Requirements, as filed with the State Records and Archives Center 
on June 18, 1986. Further, on April 14, 1989, the Governor submitted 
revisions to AQCR 33, as filed with the State Records and Archives 
Center on March 16, 1989. In addition, on August 7, 1989, the Governor 
submitted a commitment found in the July 12, 1989 Supplement to AQCR 33 
to include specific caveat language on all affected permits issued in 
which dispersion credits have been an issue in the permit. AQCR 33 
enables Albuquerque/Bernalillo County to ensure that the degree of 
emission limitation required for the control of any air pollutant under 
its SIP is not affected by that portion of any stack height that exceeds 
GEP or by any other dispersion technique.

    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Regulation 
33--Stack Height Requirements, as filed with the State Records and 
Archives Center on June 18, 1986, and as revised on March 16, 1989.
    (ii) Additional material.
    (A) The Supplement to the State of New Mexico's SIP regarding stack 
heights in new source review (NSR) for permits issued in Bernalillo 
County, as adopted by the Albuquerque/Bernalillo County Air Quality 
Control Board on July 12, 1989. The Board in this Supplement committed 
to include specific caveat language for all affected permits issued in 
which dispersion credits have been an issue in the permit.
    (46) Revisions to the New Mexico State Implementation Plan for Air 
Quality Control Regulation (AQCR) 707--Permits, Prevention of 
Significant Deterioration (PSD) (for PSD nitrogen dioxide increments) 
Sections O(4), P(7) through P(41), Table 4, and Table 5, as adopted by 
the New Mexico Environmental Improvement Board (NMEIB) on March 9, 1990, 
and filed with State Records Center on May 29, 1990, were

[[Page 413]]

submitted by the Governor on July 16, 1990.
    (i) Incorporation by reference.
    (A) AQCR 707--Permits, Prevention of Significant Deterioration (PSD) 
sections O(4), P(7) through P(41), Table 4, and Table 5, as filed with 
State Records Center on May 29, 1990.
    (ii) Additional Material--None.
    (47) A revision to the New Mexico State Implementation Plan (SIP) to 
include Part Four of Air Quality Control Regulation 702, entitled 
``Source Class Permit Streamlining,'' as filed with the State Records 
and Archives Center on May 12, 1992, and submitted by the Governor of 
New Mexico by letter dated June 16, 1992.
    (i) Incorporation by reference.
    (A) New Mexico Air Quality Control Regulation 702--Permits, ``Part 
Four--Source Class Permit Streamlining,'' Section A, ``Definitions;'' 
Section B, ``Applicability;'' Section C, ``Contents of Application;'' 
Section D, ``Public Notice and Participation;'' Section E, ``Permit 
Decisions;'' Section F, ``General Requirements;'' Section G, ``Source 
Class Requirements;'' and Table 2, ``Permit Streamlining Source Class 
Categories,'' as filed with the State Records and Archives Center on May 
12, 1992.
    (48) A revision to the New Mexico SIP to include revisions to Air 
Quality Control Regulation 709--Permits--Nonattainment Areas, as filed 
with the State Records and Archives Center on June 25, 1992.
    (i) Incorporation by reference.
    (A) Revisions to New Mexico Air Quality Control Regulation 709--
Permits--Nonattainment Areas, Section D, ``Source Requirements,'' 
Subsections D(2), D(3)(a), D(5), D(6); Section G, ``Emission Offsets,'' 
Subsection G(5); Section I, ``Air Quality Benefit,'' Subsection I(1); 
and Section J, ``Public Participation and Notification,'' Subsection 
J(2) (first paragraph), as filed with the State Records and Archives 
Center on June 25, 1992.
    (49) A revision to the New Mexico State Implementation Plan (SIP) to 
include revisions to Albuquerque/Bernalillo County Air Quality Control 
Board Regulation 8--Airborne Particulate Matter, as filed with the State 
Records and Archives Center on February 17, 1983, and submitted by the 
Governor of New Mexico by letter dated June 16, 1992.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Board 
Regulation 8--Airborne Particulate Matter, Section 8.03, ``Soil 
Disturbance,'' Subsections 8.03.1, 8.03.2, 8.03.3, 8.03.4, 8.03.5, 
8.03.6, 8.03.7, and 8.03.8, as filed with the State Records and Archives 
Center on February 17, 1983.
    (50) A revision to the New Mexico State Implementation Plan (SIP) 
addressing moderate PM-10 nonattainment area requirements for Anthony 
was submitted by the Governor of New Mexico by letter dated November 8, 
1991. The SIP revision included, as per section 188(f) of the Clean Air 
Act, a request for a waiver of the attainment date for Anthony.
    (i) Incorporation by reference.
    (A) Revision to New Mexico Air Quality Control Regulation 301--
Regulation to Control Open Burning, section I (definition of ``open 
burning''), as filed with the State Records and Archives Center on 
February 7, 1983.
    (ii) Additional material.
    (A) November 8, 1991, narrative plan addressing the Anthony moderate 
PM-10 nonattainment area, including emission inventory, modeling 
analyses, and control measures.
    (B) A letter dated October 29, 1991, from Judith M. Price, Dona Ana 
County Planning Director and Assistant County Manager, to Judith M. 
Espinosa, Secretary of the New Mexico Environment Department, in which 
the County committed to implement and enforce all Dona Ana County rules, 
regulations, policies and practices, including those identified in the 
draft PM-10 SIP which reduce airborne dust in the Anthony area. The Dona 
Ana County rules, regulations, policies and practices identified in the 
draft Anthony PM-10 SIP are identical to those identified in the final 
Anthony PM-10 SIP.
    (C) A letter dated November 21, 1991, from Cecilia Williams, Chief, 
New Mexico Air Quality Bureau, to Gerald Fontenot, Chief, Air Programs 
Branch, EPA Region 6, expressing satisfaction with the October 29, 1991, 
commitment letter from Judith Price to Judith Espinosa.

[[Page 414]]

    (D) Anthony PM-10 SIP narrative from page 10 that reads as follows: 
``The State remains committed to the dust control measures implemented 
by Dona Ana County, moderate area control strategies as agreed to in 
this SIP submittal and to the established air quality monitoring 
schedule.''
    (51) A revision to the New Mexico SIP addressing the nonattainment 
new source review program for Albuquerque/Bernalillo County, outside the 
boundaries of Indian lands, was submitted by the Governor of New Mexico 
on April 14, 1989, August 7, 1989, and May 17, 1993. The revision 
included visibility protection new source review and stack height 
provisions.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Regulation 
32--Construction Permits--Nonattainment Areas, Section A, 
``Applicability,'' Subsection A(2); Section B, ``Source Obligation,'' 
Subsections B(1), B(2), B(4); Section C, ``Source Information,'' 
Subsection C(3); Section G, ``Emission Offsets,'' Subsections G(first 
paragraph), G(1), G(2), G(4), G(6), G(7), G(8), G(9)(first paragraph), 
G(9)(a), G(9)(b), G(10); Section J, ``Public Participation and 
Notification,'' Subsections J(1), J(2)(a), J(2)(d), J(2)(f), J(2)(g), 
J(2)(h); Section K, ``Definitions,'' Subsections K(first paragraph), 
K(1), K(2), K(4), K(5), K(6), K(8), K(9), K(10), K(11), K(12), K(13), 
K(15), K(16)(first paragraph), K(16)(b), K(16)(c)(first paragraph), 
K(16)(c)(i), K(16)(c)(ii), K(16)(c)(iii), K(16)(c)(iv), 
K(16)(c)(v)(first paragraph), K(16)(c)(v)(a), K(16)(c)(vi), 
K(16)(c)(vii), K(16)(d), K(16)(e), K(17)(first paragraph), K(17)(a), 
K(17)(b), K(17)(c), K(18), K(19), K(20), K(21)(first paragraph), 
K(21)(a), K(21)(b)(first paragraph), K(21)(b)(i), K(21)(c), K(21)(d), 
K(21)(e), K(21)(f), K(23), K(26), K(28), K(29), K(31), K(32); and Table 
1, ``Significant Ambient Concentrations,'' as filed with the State 
Records and Archives Center on March 16, 1989; and further revisions to 
AQCR 32, Section i, ``Purpose;'' Section A, ``Applicability,'' 
Subsections A(1), A(3), A(4); Section B, ``Source Obligation,'' 
Subsections B(3), B(5), B(6); Section C, ``Source Information,'' 
Subsections C(first paragraph), C(1), C(2); Section D, ``Source 
Requirements;'' Section E, ``Additional Requirements for Sources;'' 
Section F, ``Emissions Offset Baseline;'' Section G, ``Emission 
Offsets,'' Subsections G(3), G(5), G(9)(c); Section H, ``Banking of 
Emission Reduction;'' Section I, ``Air Quality Benefit;'' Section J, 
``Public Participation and Notification,'' Subsections J(2)(first 
paragraph), J(2)(b), J(2)(c), J(2)(e); Section K, ``Definitions,'' 
Subsections K(3), K(7), K(14), K(16)(a), K(16)(c)(v)(b), K(17)(d), 
K(17)(e), K(21)(b)(ii), K(22), K(24), K(25), K(27), K(30); and Table 2, 
``Fugitive Emissions Source Categories,'' as filed with the State 
Records and Archives Center on February 26, 1993.
    (ii) Additional material.
    (A) The Supplement to the New Mexico State Implementation Plan to 
Control Air Pollution in Areas of Bernalillo County Designated 
Nonattainment, as approved by the Albuquerque/Bernalillo County Air 
Quality Control Board on April 14, 1993. This supplement superseded the 
supplement dated July 12, 1989.
    (B) A letter dated July 18, 1989, from Sarah B. Kotchian, Director, 
Albuquerque Environmental Health Department, to Mr. Robert E. Layton 
Jr., Regional Administrator, EPA Region 6, regarding a stack height 
commitment and an NSPS/NESHAP performance testing commitment.
    (52) A revision to the New Mexico SIP addressing CO for Albuquerque/
Bernalillo County was submitted by the Governor of New Mexico by letter 
dated November 5, 1992.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Regulation 34-Woodburning, section 
34.00, ``Purpose;'' section 34.01, ``Definitions;'' section 34.02, 
``Sale of New Wood Heaters-Certification Required;'' section 34.03, 
``No-burn Periods;'' section 34.04, ``Notice Required;'' Section 34.05, 
``Exemptions;'' section 34.06, ``Visible Emissions;'' section 34.07, 
``Test Procedures;'' and section 34.08, ``Misfueling of Solid Fuel 
Heating Devices Prohibited,'' as filed with the State Records and 
Archives Center on November 27, 1991.
    (B) Albuquerque/Bernalillo County Regulation 35-Alternative Fuels, 
section 35.00, ``Purpose;'' section 35.01, ``Definitions;'' section 
35.02,

[[Page 415]]

``Oxygenated Fuels;'' section 35.03, ``Oxygenated Fuels Procedures 
Manual;'' and section 35.07, ``Severability Clause,'' as filed with the 
State Records and Archives Center on June 25, 1992.
    (ii) Additional material.
    (A) November 5, 1992, narrative plan addressing the Albuquerque/
Bernalillo County CO nonattainment area, including the Albuquerque/
Bernalillo County 1990 base year CO emissions inventory.
    (B) A letter dated March 22, 1993, from Sarah B. Kotchian, Director, 
Albuquerque Environmental Health Department (Department), to A. Stanley 
Meiburg, Director, Air, Pesticides and Toxics Division, EPA Region 6, in 
which the Department committed to submitting future amendments to 
Regulation 34 to correct an enforceability deficiency, and in which the 
Department committed to using only EPA approved test methods until the 
future amendment correcting the enforceability deficiency is approved by 
the EPA.
    (C) A memorandum dated September 8, 1992, from Kent A. Salazar, 
Manager, Albuquerque Vehicle Pollution Management Division, to Albert 
Salas, Quality Assurance Specialist Supervisor, Albuquerque Vehicle 
Pollution Management Division, addressing the suspension of the 
oxygenated fuels program due to oxygenate shortage.
    (53) A revision to the New Mexico SIP addressing the prevention of 
significant deterioration program for Albuquerque/Bernalillo County, 
outside the boundaries of Indian lands, was submitted by the Governor of 
New Mexico on April 14, 1989, August 7, 1989, May 1, 1990, and May 17, 
1993. The revision included NO2 increment provisions and 
visibility protection NSR.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Regulation 
(AQCR) 29--Prevention of Significant Deterioration, Section A, 
``Applicability;'' Section B, ``Exemptions;'' Section C, ``Source 
Obligation;'' Section D, ``Source Information;'' Section E, ``Control 
Technology Requirements,'' Subsections E(1), E(2), E(4)(a), E(4)(b), 
E(4)(c), E(4)(d), E(4)(e), E(5), E(6), E(7), E(8); Section F, ``Ambient 
Impact Requirements,'' Subsections F(1), F(2); Section G, ``Additional 
Impact Requirements;'' Section H, ``Ambient Air Quality Modeling;'' 
Section I, ``Monitoring Requirements,'' Subsections I(1), I(2), I(3), 
I(4), I(5), I(7), I(8), I(9); Section J, ``Stack Height Credit;'' 
Section K, ``Temporary Source Exemptions;'' Section L, ``Public 
Participation and Notification;'' Section M, ``Restrictions on Area 
Classifications;'' Section N, ``Exclusions from Increment Consumption;'' 
Section O, ``Additional Requirements for Sources Impacting Federal Class 
I Areas,'' Subsections O(1), O(2), O(3), O(5), O(6), O(7); Section P, 
``Definitions,'' Subsections P(first paragraph), P(1), P(2), P(3), P(4), 
P(5), P(6), P(26)(first paragraph), P(26)(a), P(26)(c), P(26)(d), P(27); 
and Table 3, ``Significant Monitoring Concentrations,'' as filed with 
the State Records and Archives Center on March 16, 1989; and further 
revisions to AQCR 29, Section O, ``Additional Requirements for Sources 
Impacting Federal Class I Areas,'' Subsection O(4); Section P, 
``Definitions,'' Subsections P(8), P(9), P(10), P(12), P(13)(first 
paragraph), P(13)(a), P(14), P(15), P(16), P(17), P(18), P(19), P(20), 
P(21), P(22), P(23), P(24), P(25), P(26)(e), P(28), P(29), P(30), P(31), 
P(32), P(33), P(34), P(35), P(36), P(37), P(38), P(39), P(40), P(41); 
and Table 5, ``Maximum Allowable Increases for Class I Waivers,'' as 
filed with the State Records and Archives Center on April 24, 1990; and 
further revisions to AQCR 29, Section E, ``Control Technology 
Requirements,'' Subsections E(3), E(4)(first paragraph); Section F, 
``Ambient Impact Requirements,'' Subsection F(3); Section I, 
``Monitoring Requirements,'' Subsection I(6); Section P, 
``Definitions,'' Subsections P(7), P(11), P(13)(b), P(26)(b); Table 1, 
``PSD Source Categories;'' Table 2, ``Significant Emission Rates;'' 
Table 4, ``Allowable PSD Increments;'' and Table 6, ``Maximum Allowable 
Increase for Sulfur Dioxide Waiver by Governor,'' as filed with the 
State Records and Archives Center on February 26, 1993.
    (B) Albuquerque/Bernalillo County Air Quality Control Board 
Regulation 2--Definitions, Sections 2.31, 2.32, 2.33, 2.34, 2.35, 2.36, 
2.37, 2.38, 2.39, 2.40, 2.41, 2.42, 2.43, 2.44, 2.45, 2.46, 2.47, 2.48, 
2.49, 2.50, 2.51, and 2.52, as filed with the

[[Page 416]]

State Records and Archives Center on March 16, 1989.
    (ii) Additional material.
    (A) The Supplement to the New Mexico State Implementation Plan for 
Prevention of Significant Deterioration in Albuquerque/Bernalillo 
County, as approved by the Albuquerque/Bernalillo County Air Quality 
Control Board on April 11, 1990. This supplement superseded the 
supplement dated July 12, 1989.
    (B) A letter dated April 20, 1992, from Sarah B. Kotchian, Director, 
Albuquerque Environmental Health Department, to A. Stanley Meiburg, 
Director, Air, Pesticides and Toxics Division, EPA Region 6, regarding a 
commitment to incorporate Clean Air Act Amendment revisions into the 
Albuquerque/Bernalillo County PSD program.
    (54) A revision to the New Mexico SIP addressing the Albuquerque/
Bernalillo County Permitting Program was submitted by the Governor of 
New Mexico by cover letter dated July 22, 1993.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Regulation Number 20-Authority-to-
Construct Permits, Section 20.00, ``Purpose;'' Section 20.01, 
``Applicability;'' Section 20.02, ``Fees for Permit Application 
Review;'' Section 20.03, ``Contents of Applications;'' Section 20.04, 
``Public Notice and Participation;'' Section 20.05, ``Permit Decisions 
and Appeals;'' Section 20.06, ``Basis for Permit Denial;'' Section 
20.07, ``Additional Legal Responsibilities on Applicants;'' Section 
20.08, ``Permit Conditions;'' Section 20.09, ``Permit Cancellation;'' 
Section 20.10, ``Permittee's Notification Obligations to the 
Department;'' Section 20.11, ``Performance Testing Following Startup;'' 
Section 20.12, ``Emergency Permits;'' Section 20.13, ``Nonattainment 
Area Requirements;'' Section 20.14, ``Definitions Specific to Authority-
to-Construct Permit Regulations;'' and Table One, ``Significant Ambient 
Concentrations,'' as filed with the State Records and Archives Center on 
February 26, 1993.
    (ii) Additional material.
    (A) The Supplement Pertaining to General New Source Review in 
Albuquerque/Bernalillo County, New Mexico, as approved by the 
Albuquerque/Bernalillo County Air Quality Control Board on May 12, 1993.
    (55)-(56) [Reserved]
    (57) A revision to the New Mexico SIP addressing CO contingency 
measures and a proposed clean fuel vehicle fleet demonstration project 
for Albuquerque/Bernalillo County, outside the boundaries of Indian 
lands, was submitted by the Governor of New Mexico by cover letter dated 
November 12, 1993.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Regulation Number 35-Alternative 
Fuels, Section 35.02, ``Oxygenated Fuels,'' Subsection 35.02(A)(1); 
Section 35.03, ``Oxygenated Fuels Procedures Manual;'' and Section 
35.06, ``Contingency Measures,'' as filed with the State Records and 
Archives Center on November 10, 1993.
    (ii) Additional material.
    (A) November 12, 1993, narrative plan addressing the Albuquerque/
Bernalillo County CO nonattainment area, including the proposed clean 
fuel vehicle fleet demonstration project.
    (58) A revision to the New Mexico State Implementation Plan (SIP) to 
include revisions to AQCRs 602, 605, 651, and 652, submitted by the 
Governor by cover letter dated January 28, 1994. The revision to AQCR 
605 consists of removing AQCR 605 from theNew Mexico SIP.
    (i) Incorporation by reference.
    (A) Revisions to New Mexico Air Quality Control Regulation 602-Coal 
Burning Equipment-Sulfur Dioxide, Section A.1, Section A.2, Section A.3, 
Section B.1, Section C.1, Section E.2.a, Section E.2.d, Section F.1.b, 
Section F.7 and Section G, as filed with the State Records and Archives 
Center on November 17, 1993.
    (B) Revisions to New Mexico Air Quality Control Regulation 651-
Sulfuric Acid Production Units-Sulfur Dioxide, Acid Mist and Visible 
Emissions, Section A, Section B, Section C, Section D, Section E, 
Section F, Section G and Section H, as filed with the State Records and 
Archives Center on November 17, 1993.
    (C) Revisions to New Mexico Air Quality Control Regulation 652-
Nonferrous Smelters-Sulfur, Section B.2, Section C.1, Section D, Section 
G, Section H, Section I, Section J, Section K and Section L, as filed 
with the State

[[Page 417]]

Records and Archives Center on November 17, 1993.
    (ii) Additional material.
    (A) The document entitled ``Hidalgo Smelter Sulfur Recovery 
Procedures,'' including appendix 1, ``Physical Inventory for Sulfur 
Recovery Calculations,'' and appendix 2, ``Monthly Sulfur Recovery 
Calculation.''
    (59) A revision to the New Mexico State Implementation Plan for 
Transportation Conformity: Albuquerque/Bernalillo County Air Quality 
Control Regulation (AQCR) No. 42 ``Transportation Conformity'' as 
adopted on November 9, 1994 and filed with the State Records and 
Archives Center on December 16, 1994, was submitted by the Governor on 
December 19, 1994. No action is taken on AQCR No. 42 Section 11.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Regulation 
(AQCR) No. 42 ``Transportation Conformity'' as adopted on November 9, 
1994 and filed with the State Records and Archives Center on December 
16, 1994. No action is taken on AQCR No. 42 Section 11.
    (ii) Additional material. None.
    (60) A revision to the New Mexico State Implementation Plan for 
General Conformity: Albuquerque/Bernalillo County Air Quality Control 
Regulation No. 43 ``General Conformity'' as adopted on November 9, 1994, 
and filed with the State Records and Archives Center on December 16, 
1994, was submitted by the Governor on December 19, 1994.
    (i) Incorporation by reference.
    (A) Albuquerque/Bernalillo County Air Quality Control Regulation No. 
43 ``General Conformity'' as adopted on November 9, 1994, and filed with 
the State Records and Archives Center on December 16, 1994.
    (61) A revision to the New Mexico SIP to udpate the Supplement to 
the New Mexico State Implementation Plan to Control Air Pollution in 
Area(s) of Bernalillo County Designated Nonattainment to reflect EPA's 
approval for lifting the construction ban in Bernalillo County, 
superseding the supplement dated April 14, 1993.
    (i) Incorporation by reference.
    (A) October 12, 1994 Supplement to the New Mexico State 
Implementation Plan to Control Air Pollution in Area(s) of Bernalillo 
County Designated Nonattainment as approved by the Albuquerque/
Bernalillo County Air Quality Control Board on November 9, 1994.
    (62) The Governor of New Mexico submitted revisions to 20 New Mexico 
Administrative Code 2.74 on June 26, 1995, to incorporate changes in the 
Federal PSD permitting regulations for PM-10 increments.
    (i) Incorporation by reference.
    (A) Revisions to 20 New Mexico Administrative Code 2.74, effective 
July 20, 1995.
    (63) A revision to the New Mexico SIP approving a request for 
redesignation to attainment, a vehicle inspection and maintenance 
program, and the required maintenance plan for the Albuquerque/
Bernalillo County CO nonattainment area, submitted by the Governor on 
May 11, 1995. The 1993 emissions inventory and projections were included 
in the maintenance plan.
    (i) Incorporation by reference.
    (A) A letter from the Governor of New Mexico to EPA dated April 14, 
1995, in which the Governor requested redesignation to attainment based 
on the adopted Carbon Monoxide Redesignation Request and Maintenance 
Plan for Albuquerque/Bernalillo County New Mexico.
    (B) Albuquerque/Bernalillo County Air Quality Control Board 
Regulation No. 28, Motor Vehicle Inspection, as amended April 12, 1995 
and effective on July 1, 1995.
    (ii) Additional material. Carbon Monoxide Redesignation Request and 
Maintenance Plan for Albuquerque/Bernalillo County New Mexico, approved 
and adopted by the Air Quality Control Board on April 13, 1995.
    (64)-(65) [Reserved]
    (66) Recodified and revised regulations of the New Mexico 
Administrative Code submitted by the Governor on January 8, and July 18, 
1996.
    (i) Incorporation by reference.
    (A) New Mexico Administrative Code, Title 20, Chapter 2, Parts 1 and 
2, adopted by the New Mexico Environmental Improvement Board September 
22, 1995, and filed with the State Records and Archives Center on 
September 27, 1995.

[[Page 418]]

    (B) New Mexico Administrative Code, Title 20, Chapter 2, Parts 3, 5, 
7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 31, 32, 
33, 34, 40, 41, 60, 61, 70, 71, 72 (Subparts I, II and, III; Subpart V, 
Sections 501 and 502), 73, 75, 79, and 80; adopted by the New Mexico 
Environmental Improvement Board on October 20, 1995, and filed with the 
State Records and Archives Center on October 30, 1995.
    (C) Revised New Mexico Administrative Code, Title 20, Chapter 2, 
Part 3, Sections 109 and 111 and; Part 61, Section 111 and; repeal of 
Part 3, Section 112, adopted by the New Mexico Environmental Improvement 
Board December 8, 1995, and filed with the State Records and Archives 
Center on December 11, 1995.
    (D) New Mexico State Records Center transmittals repealing Air 
Quality Control Regulations 705 and 706; adopted by the New Mexico 
Environmental Improvement Board December 8, 1995; and filed with the 
State Records and Archives Center on December 11, 1995.
    (E) Revised New Mexico Administrative Code, Title 20, Chapter 2, 
Part 72, Section 103; adopted by the New Mexico Environmental 
Improvement Board on June, 18, 1996, and filed with the State Records 
and Archives Center on June 19, 1996.
    (ii) Additional material. None.

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

    Editorial Note: For Federal Register citations affecting Sec. 
52.1640, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



                           Subpart HH_New York



Sec. 52.1670  Identification of plans.

    (a) Title of plans:
    (1) ``Implementation Plan to Achieve Air Quality Standards--Upstate 
New York.''
    (2) ``Implementation Plan to Achieve Air Quality Standards--
Metropolitan New York City Air Quality Control Region.''
    (b) The plans were officially submitted on January 31, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Parts 175, 176, 177, 185, 197, and 203 of New York's Code, Rules 
and Regulation submitted February 9, 1972, by the Division of Air 
Resources, New York State Department of Environmental Conservation.
    (2) Part 200 of the New York State Code and Article 9 of the New 
York City Code submitted on February 11, 1972, by the Division of Air 
Resources, New York State Department of Environmental Conservation.
    (3) Part 192 of the New York State Air Pollution Control Code 
submitted on February 14, 1972, by the Division of Air Resources, New 
York State Department of Environmental Conservation.
    (4) Miscellaneous non-regulatory additions to the plan submitted on 
March 10, 1972, by the Division of Air Resources, New York State 
Department of Environmental Conservation.
    (5) Miscellaneous non-regulatory additions to the plan for New York 
City submitted on May 19, 1972, by the Governor.
    (6) Revisions recodifying regulations 200, 201, 202, 207, 212, 215, 
219, 220, 222, 226, and 230 of New York's Code, Rules and Regulations 
submitted on May 24, 1972, by the Division of Air Resources, New York 
State Department of Environmental Conservation.
    (7) Revisions to Parts 204, 205, 214, 217, 223, 225, 227 and 230 of 
New York's Code, Rules and Regulations submitted on July 20, 1972, by 
the Governor.
    (8) Miscellaneous non-regulatory revisions to the plan submitted on 
August 3, 1972, by the Division of Air Resources, New York State 
Department of Environmental Conservation.
    (9) Revision to Part 226 of New York's Code, Rules and Regulations 
submitted on February 6, 1973, by the New York State Department of 
Environmental Conservation.
    (10) Revised air quality data for 1971 and 1972 for the Hudson 
Valley AQCR submitted on March 7, 1973, by the New York State Department 
of Environmental Conservation.
    (11) Revision to the photochemical oxidant and carbon monoxide 
control strategy for New Jersey-New York-Connecticut AQCR submitted on 
April 17, 1973, by the Governor.
    (12) Miscellaneous non-regulatory revisions to the plan submitted on 
April

[[Page 419]]

19, 1973, by the Division of Air Resources, New York State Department of 
Environmental Conservation.
    (13) Revision to the photochemical oxidant control strategy for the 
Genesee-Fingerlakes AQCR submitted on April 30, 1973, by the Governor.
    (14) Non-regulatory revision to the plan submitted on May 2, 1973, 
by the Division of Air Resources, New York State Department of 
Environmental Conservation.
    (15) Requests for 2-year extension and 18-month extension for 
attainment of the photochemical oxidant and carbon monoxide standards in 
the New Jersey-New York-Connecticut AQCR submitted on May 16, 1973, by 
the Governor.
    (16) Miscellaneous non-regulatory revisions to the plan submitted on 
May 21, 1973, by the Division of Air Resources, New York State 
Department of Environmental Conservation.
    (17) Miscellaneous non-regulatory revisions to the plan submitted on 
June 11, 1973, by the New York State Department of Environmental 
Conservation.
    (18) Revisions to Parts 200 and 201 of New York's Codes, Rules and 
Regulations submitted on August 15, 1973, by the New York State 
Department of Environmental Conservation.
    (19) Revision to sulfur oxides control strategy for New Jersey-New 
York-Connecticut AQCR submitted on October 26, 1973, by the New York 
State Department of Environmental Conservation.
    (20) Revision to sulfur oxides control strategy for New Jersey-New 
York-Connecticut AQCR submitted on November 27, 1973, by the Governor.
    (21) Revision to Part 205 of New York's Code, Rules and Regulations 
submitted on February 17, 1974, by the New York State Department of 
Environmental Protection.
    (22) Revisions to Transportation Control Plan for the Genesee-
Fingerlakes AQCR submitted on April 8, 1974, by the New York State 
Department of Environmental Conservation.
    (23) AQMA designations were submitted on April 29, 1974, by the New 
York State Department of Environmental Conservation.
    (24) Revised Part 225 (Fuel Composition and Use) was submitted on 
August 29, 1974, by the Commissioner of the New York State Department of 
Environmental Conservation.
    (25) Additional information on Part 225 revision was submitted on 
October 11, 1974, by the New York State Department of Environmental 
Conservation.
    (26) Additional information on Part 225 revision was submitted on 
December 6, 1974, by the New York State Department of Environmental 
Conservation.
    (27) Part 203 (Indirect Sources of Air Contamination) was submitted 
on January 27, 1975, by the New York State Department of Environmental 
Conservation.
    (28) Additional information on Part 225 revision was submitted on 
February 25, 1975, by the New York State Department of Environmental 
Conservation.
    (29) Additional information on Part 203 was submitted on May 8, 
1975, by the New York State Department of Environmental Conservation.
    (30) Revisions submitted on March 16, 1976 by the New York State 
Department of Environmental Conservation based on special limitations 
issued pursuant to Sec. 225.2(c) covering three power plants.
    (31) Additional information on special limitations issued pursuant 
to Sec. 225.2(c) submitted on March 22, 1976, by the New York State 
Department of Environmental Conservation.
    (32) Revision to Part 225 submitted on September 20, 1976 and 
November 5, 1976 by the New York State Department of Environmental 
Conservation which accomplishes the following:
    (i) Upon demonstration by a source owner that the use of the higher 
sulfur coal will not contribute to the contravention of ambient air 
quality standards, coal burning sources of greater than 100 million Btu 
per hour heat capacity may be approved for a special limitation under 
Sec. 225.2. The previous heat capacity cutoff for requiring a source-
generated demonstration was 250 million Btu per hour.
    (ii) The formula contained in Sec. 225.5(a), which determines 
sulfur dioxide emissions from the burning of fuel mixtures, is modified 
to include gaseous fuels. Process gases are also included in the formula 
by the deletion

[[Page 420]]

of Sec. 225.5(a)(2), which precluded such inclusion.
    (iii) Fuel suppliers are required to furnish fuel sale records upon 
request of the State through revision to Sec. 225.7.
    (iv) The word ``rated'' is deleted from Sec. Sec. 225.1(a)(1), 
225.2 and 225.6 wherever the phrase ``rated total heat input'' 
previously appeared.
    (33) Revision submitted on March 17, 1977, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' under Part 225. The ``special limitation'' relaxes until 
May 31, 1980, the sulfur-in-fuel-oil limitation to 2.8 percent, by 
weight, for the Long Island Lighting Co.'s Northport Generating Facility 
(Units 1, 2, and 3) and Port Jefferson Generating Facility (Units 3 and 
4).
    (34) Revision submitted on March 3, 1977, April 5, 1977, and June 
16, 1977, by the New York State Department of Environmental Conservation 
which grants ``special limitations'' under Part 225. These ``special 
limitations'' relax, until December 31, 1979, the sulfur-in-fuel-oil 
limitation to 2.8 percent, by weight, for air pollution sources which do 
not have a total heat input in excess of 250 million Btu per hour in 
parts of the Southern Tier East, Central New York and Champlain Valley 
AQCRs.
    (35) Revision submitted on February 14, 1977, by the New York State 
Department of Environmental Conservation consisting of Section 
19.0305(2)(a) of New York State's Environmental Conservation Law (ECL), 
as amended by Chapter 760, McKinney's 1975 Session Laws of New York, and 
an opinion, dated January 27, 1977, by the Honorable Louis J. Lefkowitz, 
Attorney General of the State of New York, interpreting the amended ECL 
Section 19-0305(2)(a) and Part 200.2 of Title 6 of the New York State 
Official Compilation of Codes, Rules, and Regulations (6 NYCRR 200.2). 
This revision provides for adequate State legal authority to ensure for 
public availability of air pollutant emission data as required under 40 
CFR 51.10(e) and Sec. 51.11(a)(6).
    (36) Revision to the New York City Metropolitan Area Transportation 
Control Plan eliminating tolls on bridges entirely within the City 
(Strategy B-7) is made upon application submitted by the Governor on 
October 19, 1977, pursuant to section 110(c)(5) of the Clean Air Act, as 
amended.
    (37) Revision submitted on August 24, 1977, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' under Part 225. This ``special limitation'' relaxes, until 
May 31, 1980, the sulfur-in-fuel-oil limitation to 2.8 percent, by 
weight, for Units 1 through 5 of the Niagara Mohawk Power Corp.'s Oswego 
facility in Oswego, N.Y.
    (38) Revision submitted on September 22, 1977, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' under Part 225. This ``special limitation'' relaxes, until 
October 31, 1980, the sulfur-in-coal limitation to 2.8 pounds of sulfur 
per million Btu, gross heat content, at the Rochester Gas and Electric 
Corp.'s Beebee generating station, Unit 12, in Rochester, N.Y.
    (39) Revision submitted on May 6, 1977, and August 1, 1977, by the 
New York State Department of Environmental Conservation which grants a 
``special limitation'' under part 225. Only the part of this ``special 
limitation'' which relaxes, until July 31, 1980, the sulfur-in-fuel-oil 
limitation to 1 percent sulfur, by weight, at the village of Freeport 
plant No. 2 generating facility, units 1 and 2, located in Nassau 
County, N.Y., is approved.
    (40) A document entitled, ``New York State Air Quality 
Implementation Plan--Syracuse Area,'' submitted on March 19, 1979, by 
the New York State Department of Environmental Conservation.
    (41) A document entitled, ``New York State Air Quality 
Implementation Plan--Southern Tier (Binghamton, Elmira-Corning, 
Jamestown),'' submitted on April 5, 1979, by the New York State 
Department of Environmental Conservation, only insofar as it deals with 
attainment of the national ambient air quality standards for particulate 
matter.
    (42) A document entitled, ``New York State Air Quality 
Implementation Plan--Rochester Area,'' submitted on April 5, 1979, by 
the New York State Department of Environmental Conservation.

[[Page 421]]

    (43) A document entitled, ``New York State Air Quality 
Implementation Plan--Capital District and Town of Catskill,'' submitted 
on March 19, 1979, by the New York State Department of Environmental 
Conservation.
    (44) Supplementary submittals of SIP revision information from the 
New York State Department of Environmental Conservation, insofar as they 
deal with all provisions except those for attainment of particulate 
matter standards in the Niagara Frontier Air Quality Control Region, 
dated:
    (i) May 23, 1979, dealing with new source review and growth tracking 
provisions, adoption of proposed regulations, schedule for hydrocarbon 
emissions inventory improvements, identification of resources necessary 
to carry out the SIP, schedule for development of a public participation 
program, schedule for development of transportation planning process 
improvements, the need for an 18-month extension for the City of 
Syracuse and Village of Solvay, demonstration of control strategy 
adequacy for the area addressed by the Capital District and Town of 
Catskill plan revision document, compliance schedules for two facilities 
in the Hudson Valley Air Quality Control Region, and development of a 
local government consultation program in Jamestown, New York.
    (ii) May 31, 1979, dealing with adoption of proposed regulations, 
hydrocarbon emission inventory improvements, schedule for development of 
transportation planning process improvements, and compliance schedules 
for two facilities in the Hudson Valley Air Quality Control Region.
    (iii) June 12, 1979, providing a final draft of the proposed 
regulations, information on the compliance schedule for a facility in 
the Hudson Valley Air Quality Control Region, and general information on 
development of compliance schedules. The proposed regulations to be 
incorporated in Title 6 of the New York Code of Rules and Regulations 
are as follows:
    (A) Part 200, General Provisions (revision);
    (B) Part 211, General Prohibitions (revision);
    (C) Part 212, Process and Exhaust and/or Ventilation Systems 
(revision);
    (D) Part 223, Petroleum Refineries (revision);
    (E) Part 226, Solvent Metal Cleaning Processes (new);
    (F) Part 228, Surface Coating Processes (new);
    (G) Part 229, Gasoline Storage and Transfer (new); and
    (H) Part 231, Major Facilities.
    (iv) June 18, 1979, dealing with new source review provisions, 
general information on development of compliance schedules, and adoption 
of proposed regulations.
    (v) August 10, 1979, providing a comprehensive set of adopted 
regulations.
    (vi) September 26, 1979, providing additional information regarding 
the EPA notice of proposed rulemaking (44 FR 44556, July 30, 1979) which 
deals with the adoption of regulations for control of volatile organic 
compound sources for source categories addressed by Control Technology 
Guideline documents issued subsequent to December 1977, regulatory 
revisions to 6 NYCRR Parts 211 and 229, the transportation planning 
process, emissions inventory improvements, new source review procedures, 
public participation and local government consultation programs, and 
adoption of regulations.
    (vii) October 1, 1979, dealing with new source review procedures.
    (viii) November 13, 1979, providing a ``declaratory ruling'' 
regarding interpretation of the provisions of 6 NYCRR Part 231 in 
implementing the new source review program.
    (ix) November 14, 1979, providing supplemental documentation on the 
administrative process of revising regulations.
    (x) February 20, 1980, dealing with public hearings to revise Parts 
229 and 231 of 6 NYCRR consistent with corrective action indicated by 
EPA.
    (45) Revision submitted on October 24, 1979, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' under Part 225. This ``special limitation'' relaxes, until 
(three years from the date of publication), the sulfur in fuel oil 
limitation to 1.0 percent, by weight, for the Long Island Lighting 
Company's Glenwood Generating Station (Units 4 and 5), and 1.54 percent,

[[Page 422]]

by weight, for its E. F. Barrett Generating Station (Units 1 and 2).
    (46) Five documents entitled: (i) Volume I--New York State Air 
Quality Implementation Plan for Control of Carbon Monoxide and 
Hydrocarbons in the New York City Metropolitan Area;
    (ii) Volume II--Detailed Descriptions of Reasonably Available 
Control Measures;
    (iii) Volume III--Air Quality and Emission Inventory;
    (iv) Volume IV--Public Participation;
    (v) Total Suspended Particulates Secondary Standard: New York City 
Extension Request;

submitted on May 24, 1979, by the New York State Department of 
Environmental Conservation.
    (47) A document entitled, ``New York State Air Quality 
Implementation Plan--Statewide Summary and Program,'' submitted on 
September 10, 1979, by the New York State Department of Environmental 
Conservation.
    (48) Supplementary submittals of information from the New York State 
Department of Environmental Conservation regarding the New Jersey-New 
York-Connecticut Air Quality Control Region SIP revisions, dated:
    (i) June 26, 1979, dealing with control of storage tanks at gasoline 
stations in Nassau, Rockland, Suffolk, and Westchester Counties.
    (ii) July 30, 1979, dealing with new source review provisions for 
major sources of volatile organic compounds.
    (iii) August 20, 1979, providing a commitment to meet ``annual 
reporting requirements.''
    (iv) January 11, 1980, dealing with changes to the State's schedule 
for implementing a light duty vehicle inspection and maintenance 
program.
    (v) March 12, 1980, providing a memorandum of understanding among 
the New York State Department of Environmental Conservation, New York 
State Department of Transportation, and the Tri-State Regional Planning 
Commission.
    (49) Supplementary submittals of information from the Governor's 
Office regarding the New Jersey-New York-Connecticut Air Quality Control 
Region SIP revision, dated:
    (i) August 6, 1979, dealing with the status of efforts to develop 
necessary legislation for implementing a light duty vehicle inspection 
and maintenance program.
    (ii) November 5, 1979, providing the State's legal authority and a 
schedule for implementing a light duty vehicle inspection and 
maintenance program.
    (iii) February 6, 1980, committing to providing additional 
information on systematic studies of transportation measures, committing 
to clarification of SIP commitments, and providing additional 
information on the State's light duty vehicle inspection and maintenance 
program.
    (50) Supplementary information, submitted by the New York State 
Department of Transportation on October 17, 1979, providing 
clarification to ``reasonably available control measures'' commitments 
contained in the New Jersey-New York-Connecticut Air Quality Control 
Region SIP revision.
    (51) Revision submitted on January 29, 1980, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' under 6 NYCRR Part 225. This ``special limitation'' 
relaxes, until [three years from the date of publication], the sulfur-
in-fuel-oil limitation to 0.60 percent, by weight, for Orange and 
Rockland Utilities', Inc. Bowline Point Generating Station, units 1 and 
2, Haverstraw, New York.
    (52) Revisions to Parts 229 and 231 of Title 6, New York Code of 
Rules and Regulations, submitted on May 1, 1980, by the New York State 
Department of Environmental Conservation.
    (53) Revision submitted on November 29, 1980, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' under 6 NYCRR Part 225. This ``special limitation'' 
relaxes, until one year from [the date of publication], the sulfur-in-
fuel-oil limitation to 1.5 percent, by weight, for the Consolidated 
Edison Company of New York, Inc. Arthur Kill generating facility, units 
2 and 3, Staten Island, New York and Ravenswood generating facility, 
unit 3, Queens, New York.
    (54) A document entitled, ``New York State Air Quality 
Implementation

[[Page 423]]

Plan--Niagara Frontier, Erie and Niagara Counties,'' submitted on May 
31, 1979, by the New York State Department of Environmental 
Conservation. The administrative orders for Bethlehem Steel Corporation, 
referenced by this document, are not being incorporated as part of the 
plan.
    (55) A supplemental submittal, dated May 21, 1980, from the New York 
State Department of Environmental Conservation which includes three 
listings of permanent projects, demonstration projects and 
transportation related studies committed to in the non-public transit 
portion of the plan for the New York City metropolitan area.
    (56) Revision submitted on October 31, 1979, and supplemented on 
April 28, 1980, and May 20, 1980, by the New York State Department of 
Environmental Conservation which grants a ``special limitation'' under 6 
NYCRR Part 225. This ``special limitation'' relaxes to 2.8 percent, by 
weight, until December 31, 1982, the sulfur-in-fuel-oil limitation 
applicable to fuel burning sources which have a capacity less than 250 
million BTU per hour and which are located in:
    (i) The Southern Tier East Air Quality Control Region (AQCR), with 
the exception of all sources in Broome County;
    (ii) The Central New York AQCR, with the exception of the Oswego 
Facilities Trust Company in Oswego County and all sources in Onondaga 
County;
    (iii) The Champlain Valley (Northern) AQCR, with the exception of 
all sources in the City of Glens Falls and sources in the Town of 
Queensbury which have a total heat input greater than 100 million BTU 
per hour.
    (57) A supplemental submittal, dated July 2, 1980, from the New York 
State Department of Environmental Conservation which included criteria 
and procedures for making assessments of the consistency and conformity 
of the outputs of the transportation planning process with the SIP.
    (58) Revision submitted on September 17, 1980, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' under 6 NYCRR Part 225. This ``special limitation'' relaxes 
to 2.8 percent, by weight, until three years from March 19, 1981, the 
sulfur-in-fuel oil limitation applicable to unit 5 of Niagara Mohawk 
Power Corporation's Oswego generating facility, located in Oswego 
County.
    (59) Supplemental information to ``New York State Air Quality 
Implementation Plan--Statewide Summary and Program,'' June 1979, 
submitted on December 18, 1980, by the New York State Department of 
Environmental Conservation dealing with provisions which commit the 
State to meet the subpart C requirements of 40 CFR part 58 pertaining to 
State and Local Air Monitoring Stations (SLAMS) including the air 
quality assurance requirements of Appendix A, the monitoring 
methodologies of Appendix C, the network design criteria of Appendix D 
and the probe siting criteria of Appendix E.
    (60) A supplemental submittal, dated July 28, 1980, from the New 
York State Department of Environmental Conservation which includes:

    --Key milestones associated with projects relating to transportation 
control measures which are part of the SIP;
    --An improved program of study for the broader application of 
certain transportation control measures, and supplemental information on 
existing studies;
    --Additional documentation necessary to determine the reasonableness 
of the measure, ``Controls on Extended Vehicle Idling;''
    --Criteria and procedures for making changes to transportation 
projects contained in the SIP;
    --Criteria and procedures for making changes to transportation 
studies contained in the SIP; and
    --The identification of the resources necessary to carry out the 
transportation planning process and certain transportation elements of 
the SIP.

    (61) A supplemental submittal entitled ``New York State Air Quality 
Implementation Plan, the Moynihan/Holtzman Amendment Submission: Transit 
Improvements in the New York City Metropolitan Area, May 1979,'' 
submitted on May 24, 1979, by the New York State Department of 
Environmental Conservation.
    (62) [Reserved]
    (63) Revision submitted on April 29, 1980, by the New York State 
Department of Environmental Conservation

[[Page 424]]

which grants a ``special limitation'' establishing, until three years 
from September 24, 1981, a sulfur-in-fuel-oil limitation of 2.8 percent, 
by weight, for the Long Island Lighting Company's Northport generating 
facility, units 1, 2 and 3 and the Port Jefferson generating facility, 
units 3 and 4.
    (64) Revision submitted on August 7, 1981, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' to relax to 1.5 percent, by weight, for up to two years 
from February 22, 1982, the sulfur-in-fuel-oil limitation applicable to 
units 2 and 3 of Consolidated Edison of New York State, Inc.'s Arthur 
Kill generating facility and to unit 3 of its Ravenswood generating 
facility, all located in New York City.
    (65) Revision submitted on January 8, 1982, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' to relax to 2.8 percent, by weight, for up to three years 
from March 5, 1982, the sulfur-in-fuel-oil limitation applicable to the 
General Electric Company's Rotterdam Steam Generating Facility located 
in Schenectady, New York.
    (66) Revision submitted on July 9, 1982, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' allowing the New York State Office of Mental Health's Kings 
Park Psychiatric Facility to burn coal with a maximum sulfur content of 
2.2 pounds of sulfur per million Btu gross heat content, for up to three 
years from August 11, 1982.
    (67) A March 23, 1981, letter from the New York State Department of 
Environmental Conservation including an interim policy memorandum 
detailing procedures to be used by the State to determine compliance 
with the State's emission standard for coke oven gas.
    (68) Regulatory information submitted by New York State Department 
of Environmental Conservation for controlling volatile organic 
compounds, dated:
    (i) July 2, 1981, providing a comprehensive set of adopted 
regulations.
    (ii) August 19, 1981, Consent Order, 81-36, 9-04.20, with Dunlop 
Tire and Rubber Corporation for control of volatile organic compounds.
    (A) Amendment of Consent Order dated January 29, 1982.
    (B) Amendment of Consent Order dated March 3, 1982.
    (iii) July 25, 1983, providing final regulations to be incorporated 
into Title 6 of the New York Code of Rules and Regulations.
    (iv) November 13, 1981, letter from Harry Hovey, Director of Air 
Division, New York State Department of Environmental Conservation 
concerning applicability of regulations in redesignated AQCR's.
    (v) April 27, 1983, letter from Harry Hovey, Director of Air 
Division, New York State Department of Environmental Conservation 
concerning maximum operating heat input.
    (69) State Implementation Plan revision dated February 15, 1984, 
from the Department of Environmental Conservation consisting of changes 
to New York State Department of Motor Vehicles monitoring and 
enforcement procedures for motor vehicle emission inspection stations.
    (70) A State Implementation Plan for attainment of the lead (Pb) 
standards was submitted on September 21, 1983. Additional information 
was submitted in a letter dated February 16, 1984. These submittals 
included the following:
    (i) Revision to Part 225 of Title 6, Official Compilation of Codes, 
Rules and Regulations of the State of New York.
    (ii) Revision to Part 231 of Title 6, Official Compilation of Rules 
and Regulations of the State of New York.
    (iii) Air Guide-14, ``Process Sources Which Emit Lead or Lead 
Compounds.''
    (iv) Air Guide-17, ``Trade and Use of Waste Fuel for Energy Recovery 
Purposes.''
    (71) Revision submitted on August 21, 1984, by the New York State 
Department of Environmental Conservation which grants a ``special 
limitation'' establishing, until September 24, 1986, from December 20, 
1984, a maximum sulfur-in-fuel-oil limitation of 2.8 percent, by weight, 
and from September 25, 1986 until December 31, 1987, a sulfur-in-fuel-
oil limitation of 2.0 percent, by weight, for the Long Island Lighting

[[Page 425]]

Company's Northport generating facility, units 1, 2 and 3, and the Port 
Jefferson generating facility, units 3 and 4.
    (72) Revisions to the New York State Implementation Plan for 
attainment and maintenance of the ozone and carbon monoxide standards in 
the New York City metropolitan area submitted on July 1, 1982, August 3, 
1982, July 25, 1983, February 7, 15, 17, 1984, and October 1, 17, 1984, 
November 30, 1984, January 4, and 30, 1985, and March 6, 1985, by the 
Governor of New York State and by the New York State Department of 
Environmental Conservation.
    (73) Revision to the New York State Implementation Plan submitted by 
the New York State Department of Environmental Conservation on June 7 
and October 14, 1982, to allow Orange and Rockland Utilities, Inc. to 
reconvert its Lovett Generating Station in Stony Point from oil to coal. 
This action grants the utility a ``special limitation'' under Part 225 
to relax the existing emission limit for coal burning from 0.4 pounds of 
sulfur dioxide per million British thermal units (1b/MMBtu) to 1.0 lb/
MMBtu for units 4 and 5 if both are operated on coal, or to 1.5 lb/MMBtu 
for one unit if the other is operated on fuel oil, natural gas, or is 
not operated. A letter dated September 5, 1984, from Orange and Rockland 
Utilities, Inc., committing to meet the terms and conditions of EPA's 
August 30, 1984, letter.
    (74) Regulatory information submitted by New York State Department 
of Environmental Conservation for controlling various pollutants and 
establishing continuous emission monitoring requirements for sulfuric 
and nitric acid plants, dated December 27, 1984, providing adopted 
revisions to regulations Parts 201, 212, 223 and 224.
    (75) A revision to the New York State Implementation Plan for 
attainment and maintenance of the ozone standards was submitted on 
January 2, 1986, by the New York State Department of Environmental 
Conservation.
    (i) Incorporation by reference.
    (A) Part 217, ``Emissions from Motor Vehicles Propelled by Gasoline 
Engines,'' effective January 29, 1986.
    (76) [Reserved]
    (77) Revisions to the State Implementation Plan submitted by New 
York State Department of Environmental Conservation for controlling 
volatile organic compounds.
    (i) Incorporation by reference. Adopted regulations Parts 200, 229, 
and 230, submitted on March 15, 1985.
    (ii) Additional material. (A) Letters dated December 31, 1984, and 
March 15, 1985, concerning SIP commitments for ``Reevaluation of RACT,'' 
and ``Controls at Major Facilities,'' respectively.
    (B) Letters dated November 2, 1984, and April 3, 1987, concerning 
the manufacture of high-density polyethylene, polypropylene, and 
polystrene resins.
    (78) A revision to the New York State Implementation Plan was 
submitted on November 6, 1987, and February 17, 1988, by the New York 
State Department of Environmental Conservation.
    (i) Incorporation by reference.
    (A) Operating Permit number A551800097900017 for Polychrome 
Corporation effective January 29, 1988, submitted by the New York State 
Department of Environmental Conservation.
    (ii) Additional material.
    (79) Revisions to the New York State Implementation Plan (SIP) for 
ozone submitted on January 31, 1989, and March 13, 1989, by the New York 
State Department of Environmental Conservation (NYSDEC) for its state 
gasoline volatility control program, including any waivers under the 
program that New York may grant. In 1989, the control period will begin 
on June 30.
    (i) Incorporation by reference. Subpart 225-3 of Title 6 of the 
Official Compilation of Codes, Rules and Regulations of the State of New 
York entitled ``Fuel Composition and Use--Volatile Motor Fuels,'' 
adopted on December 5, 1988, and effective on January 4, 1989.
    (ii) Additional material. April 27, 1989, letter from Thomas 
Jorling, NYSDEC, to William Muszynski, EPA Region II.
    (80) Revisions to the New York State Implementation Plan (SIP) for 
ozone submitted on July 9, 1987, and April 8, 1988, by the New York 
State Department of Environmental Conservation (NYSDEC).
    (i) Incorporation by reference. Amendments to part 230, title 6 of 
the

[[Page 426]]

New York Code of Rules and Regulations entitled ``Gasoline Dispensing 
Sites and Transport Vehicles,'' adopted on March 2, 1988.
    (ii) Additional material. (A) Explanation of Stage II Applicability 
Cut-offs, prepared by the NYSDEC, dated June 20, 1986.
    (B) NYSDEC testing procedures for Stage II Vapor Recovery Systems.
    (81) [Reserved]
    (82) Revisions to the New York State Implementation Plan (SIP) for 
total suspended particulates in the Niagara Frontier area, dated January 
5, 1987, submitted by the New York State Department of Environmental 
Conservation (NYSDEC).
    (i) Incorporation by reference.
    (A) Part 214 of title 6 of the Official Compilation of Codes, Rules, 
and Regulations of the State of New York, entitled ``Byproduct Coke Oven 
Batteries,'' adopted on April 23, 1984, and effective May 23, 1984.
    (B) Part 216 of title 6 of the Official Compilation of Codes, Rules, 
and Regulations of the State of New York, entitled ``Iron And/Or Steel 
Processes,'' adopted on April 23, 1984, and effective on May 23, 1984.
    (C) Consent Order No. 84-135, dated October 29, 1984, between NYSDEC 
and the Bethlehem Steel Corporation.
    (D) Consent Order No. 84-131, dated October 18, 1984, between NYSDEC 
and the Bethlehem Steel Corporation.
    (E) May 24, 1985, letter from Peter J. Burke, NYSDEC, to W.T. 
Birmingham, Bethlehem Steel Corporation, revising Consent Order No. 84-
131.
    (F) Test procedures for particulate matter source emissions testing 
at Bethenergy's Lackawanna Coke Oven Batteries 7, 8, and 9, prepared by 
SENES Consultants Limited, dated January 14, 1988.
    (ii) Additional material.
    (A) January 5, 1987, letter from Harry H. Hovey, Jr., NYSDEC, to 
Raymond Werner, EPA, providing an attainment and maintenance 
demonstration for TSP in the South Buffalo-Lackawanna area and 
requesting its inclusion as part of the TSP SIP for the Niagara 
Frontier.
    (B) August 21, 1987, letter from Edward Davis, NYSDEC, to William S. 
Baker, EPA, responding to July 27, 1987, letter from EPA requesting 
additional information needed for the review of Niagara Frontier TSP SIP 
request.
    (C) June 20, 1988, letter from Edward Davis, NYSDEC, to William S. 
Baker, EPA, responding to May 19, 1988, letter from EPA requesting 
additional information on test procedures for Bethenergy's Lackawanna 
Coke Oven Batteries.
    (83) A revision submitted on September 18, 1990, with additional 
materials submitted on April 12, 1991, and June 3, 1991, by the New York 
State Department of Environmental Conservation that revises the 
SO2 emission limit for units 4 and 5 of Orange and Rockland 
Utilities' Lovett Generating Station.
    (i) Incorporation by reference. Sulfur dioxide emission limits 
incorporated into the Certificates to Operate units 4 and 5 of the 
Orange and Rockland Utilities' (ORU) Lovett Generating Station issued 
April 3, 1991, and the materials which pertain to the SO2 
emission limits, monitoring and recordkeeping which are incorporated by 
reference into the Certificates to Operate for units 4 & 5. This 
includes the following:
    (A) The special conditions attached to certificates;
    (B) April 13, 1982, Decision of the Commissioner; and
    (C) October 14, 1982, Amended Commissioner's Order.
    (ii) Additional materials.
    (A) Lovett Generating Station Model Evaluation Study, May 1989,
    (B) Lovett Generating Station Emission Limitation Study, May 1989,
    (C) Review of Orange and Rockland Model Evaluation Study and 
Emission Limitation Study for Lovett Facility for Units 4 & 5, January 
27, 1990, and
    (D) Lovett Generating Station Air Quality and Meteorological 
Monitoring Network Quarterly Reports.
    (84) A revision to the New York State Implementation Plan (SIP) for 
attainment and maintenance of the ozone standard dated January 8, 1992, 
submitted by the New York State Department of Environmental 
Conservation.
    (i) Incorporation by reference.
    (A) Amendments to Part 200 of Title 6 of the Official Compilation of 
Codes, Rules, and Regulations of the State of

[[Page 427]]

New York, entitled ``General Provisions'' adopted on December 3, 1991, 
and effective January 16, 1992.
    (B) New Part 236 of Title 6 of the Official Compilation of Codes, 
Rules, and Regulations of the State of New York, entitled ``Synthetic 
Organic Chemical Manufacturing Facility Component Leaks'' adopted on 
December 16, 1991, and effective January 16, 1992.
    (ii) Additional material.
    (A) January 8, 1992, letter from Thomas Allen, to Conrad Simon, EPA, 
requesting EPA approval of the amendments to Parts 200 and 236.
    (85) Revisions to the New York State Implementation Plan (SIP) for 
ozone concerning the control of volatile organic compounds from surface 
coating and graphic arts sources, dated October 14, 1988, December 5, 
1988, and May 2, 1989, submitted by the New York State Department of 
Environmental Conservation (NYSDEC).
    (i) Incorporation by reference.
    (A) Amendments to Title 6 of the New York Code of Rules and 
Regulations (NYCRR) Part 228 ``Surface Coating Processes,'' effective 
September 15, 1988, and Part 234 ``Graphic Arts,'' effective September 
15, 1988
    (ii) Additional material.
    (A) May 2, 1989 letter from Thomas C. Jorling, NYSDEC, to Conrad 
Simon, EPA, requesting EPA substitute controls in Parts 228 and 234 for 
controls committed to be included in Part 212, Processes & Exhaust and/
or Ventilation Systems.
    (86) Revision to the state implementation plan for Onondaga County 
was submitted by the Governor on November 13, 1992. Revisions include a 
maintenance plan which demonstrates continued attainment of the NAAQS 
for carbon monoxide through the year 2003.
    (i) Incorporation by reference.
    (A) Maintenance Plan--Chapter 8 of New York State Implementation 
Plan Redesignation Request for Onondaga County as Attainment for Carbon 
Monoxide, November 1992.
    (ii) Additional information.
    (A) New York State Implementation Plan--Redesignation Request for 
Onondaga County as Attainment for Carbon Monoxide, November 1992.
    (B) January 12, 1993, letter from Thomas M. Allen, NYSDEC to Conrad 
Simon, EPA, providing the results of the public hearing on the State's 
proposal.
    (C) January 12, 1993, letter from Thomas M. Allen, NYSDEC, to Conrad 
Simon, EPA, providing documentation of emission inventory submitted on 
November 13, 1992.
    (D) June 18, 1993, letter from Thomas M. Allen, NYSDEC, to Conrad 
Simon, EPA, correcting submitted material.
    (87) A revision to the New York State Implementation Plan (SIP) for 
attainment and maintenance of the ozone standard dated October 14, 1988, 
submitted by the New York State Department of Environmental 
Conservation.
    (i) Incorporation by reference:
    (A) New part 205 of title 6 of the New York Code of Rules and 
Regulations of the State of New York, entitled ``Architectural Surface 
Coatings,'' effective on September 15, 1988.
    (ii) Additional material.
    (A) December 5, 1988 letter from Thomas Allen, to Conrad Simon, EPA, 
requesting EPA approval of the amendments to part 205.
    (88) Revision to the New York State Implementation Plan (SIP) for 
ozone, submitting a low emission vehicle program for a portion of the 
Clean Fuel Fleet program, dated May 15, 1994 and August 9, 1994 
submitted by the New York State Department of Environmental Conservation 
(NYSDEC).
    (i) Incorporation by reference. Part 218, ``Emission Standards for 
Motor Vehicles and Motor Vehicle Engines,'' effective May 28, 1992.
    (ii) Additional material.
    (A) May 1994 NYSDEC Clean Fuel Fleet Program description.
    (89) Revisions to the New York State Implementation Plan (SIP) for 
carbon monoxide concerning the control of carbon monoxide from mobile 
sources, dated November 13, 1992 and March 21, 1994 submitted by the New 
York State Department of Environmental Conservation (NYSDEC).
    (i) Incorporation by reference.
    (A) Subpart 225-3 of Title 6 of the New York Code of Rules and 
Regulations of the State of New York, entitled ``Fuel Composition and 
Use--Gasoline,'' effective September 2, 1993 (as limited in section 
1679).
    (ii) Additional material.

[[Page 428]]

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

[[Page 429]]

trade emissions to meet the requirements of NOX RACT.
    (i) Incorporation by reference:
    (A) Permits to Construct and/or Certificates to Operate: The 
following facilities have been issued permits to construct and/or 
certificates to operate by New York State and such permits and/or 
certificates are incorporated for the purpose of establishing an 
emission trade to be consistent with Subpart 227-2:
    (1) Niagara Mohawk Power Corporation's system-wide utility boilers; 
New York special permit conditions and approval letter dated December 
14, 1995.
    (2) Champion International Corporation's two coal-fired boilers, 
Units 1 and 2, Jefferson County; New York special permit conditions and 
approval letter dated December 2, 1997.
    (ii) Additional information:
    (A) Documentation and information to support the emission trade in 
three letters addressed to EPA from the New York State Department of 
Environmental Conservation and dated as follows:
    (1) April 9, 1996 to Mr. Conrad Simon, Director of Air and Waste 
Management Division from Deputy Commissioner David Sterman for a SIP 
revision for Niagara Mohawk Power Corporation and Champion International 
Corporation.
    (2) October 17, 1996 letter to Mr. Ted Gardella, EPA from Mr. 
Patrick Lentlie, supplementing the SIP revision with the special permit 
condition approval letters.
    (3) February 2, 1998 letter to Mr. Ronald Borsellino, Chief of the 
Air Programs Branch from Mr. Patrick Lentlie, supplementing the SIP 
revision with the amended special permit conditions for Champion 
International Corporation.
    (95) A revision to the State Implementation Plan submitted on April 
29, 1999 by the New York State Department of Environmental Conservation 
that establishes the NOX Budget Trading Program.
    (i) Incorporation by reference:
    (A) Regulation Subpart 227-3 of Title 6 of the New York Code of 
Rules and Regulations, entitled ``Pre-2003 Nitrogen Oxides Emissions 
Budget and Allowance Program'' adopted on January 12, 1999, and 
effective on March 5, 1999.
    (B) Amendments to Title 6 of the New York Code of Rules and 
Regulations, Part 200, ``General Provisions,'' Subpart 227-1, 
``Stationary Combustion Installations,'' and Subpart 227-2, ``Reasonably 
Available Control Technology (RACT) for Oxides of Nitrogen 
(NOX)'' adopted on January 12, 1999, and effective on March 
5, 1999.
    (ii) Additional information:
    (A) Letter from the New York Department of Environmental 
Conservation dated April 29, 1999, submitting the NOX Budget 
Trading Program as a revision to the New York State Implementation Plan 
for ozone.
    (B) Guidance for Implementation of Emissions Monitoring Requirements 
for the NOX Budget Program, dated January 28, 1997.
    (C) NOX Budget Program Monitoring Certification and 
Reporting Requirements, dated July 3, 1997.
    (D) Electronic Data Reporting, Acid Rain/NOX Budget 
Program, dated July 3, 1997.
    (96) Revisions to the New York State Implementation Plan (SIP) for 
carbon monoxide concerning the oxyfuel program, dated August 30, 1999, 
submitted by the New York State Department of Environmental Conservation 
(NYSDEC).
    (97) Revisions to the State Implementation Plan submitted on January 
20, 1994 and April 29, 1999 by the New York State Department of 
Environmental Conservation that establishes NOX RACT 
requirements Statewide for combustion sources.
    (i) Incorporation by reference:
    (A) Regulation Subpart 227-2 of Title 6 of the New York Code of 
Rules and Regulations, entitled ``Reasonably Available Control 
Technology (RACT) for Oxides of Nitrogen (NOX)'' adopted on 
January 19, 1994, and effective on February 18, 1994.
    (B) Amendments to Subpart 227-2 adopted on January 12, 1999 and 
effective on March 5, 1999.
    (ii) Additional information
    (A) Letters from the New York State Department of Environmental 
Department Conservation dated January 20, 1994 and April 29, 1999, 
submitting the

[[Page 430]]

NOX RACT Regulation and amendments as revisions to the New 
York State Implementation Plan for ozone.
    (B) Letter from the New York State Department of Environmental 
Department Conservation dated April 27, 1999 submitting an analysis of 
mass NOX emissions from generic sources throughout the State 
as well as resolution of other approvability issues.
    (98) [Reserved]
    (99) Revisions to the New York State Implementation Plan (SIP) for 
the Motor Vehicle Inspection and Maintenance Program, submitted on March 
6, 1996, May 24, 1999, October 7, 1999, October 29, 1999, and May 22, 
2000 by the New York State Department of Environmental Conservation.
    (i) Incorporation by reference. Revision to 6NYCRR Part 217, Motor 
Vehicle Emissions, Subparts 217-1, 217-2, and 217-4, that became 
effective on May 22, 1997 and revisions to 15NYCRR Part 79, Motor 
Vehicle Inspection, Sections 79.1-79.15, 79.17, 79.20, 79.21, 79.24-
79.26, that became effective on June 4, 1997.
    (ii) Additional material:
    (A) March 6, 1996, submittal of revisions to the enhanced motor 
vehicle inspection and maintenance program.
    (B) May 24, 1999, submittal of the demonstration of the 
effectiveness of New York's decentralized inspection and maintenance 
program network.
    (C) October 7, 1999, supplemental submittal of the demonstration of 
the effectiveness of New York's decentralized inspection and maintenance 
program network.
    (D) October 29, 1999, letter clarifying October 7, 1999, 
supplemental submittal.
    (E) May 22, 2000, Instrumentation/Protocol Assessment Pilot Study 
analysis of the NYTEST.
    (100) Revisions to the State Implementation Plan submitted on April 
3, 2000, April 18, 2000 and as supplemented on May 16, 2000 by the New 
York State Department of Environmental Conservation that establishes the 
NOX Budget Trading Program, a 2007 Statewide NOX 
emissions budget, and a commitment by New York to comply with the Sec. 
51.122 reporting requirements.
    (i) Incorporation by reference:
    (A) Regulation Part 204 of Title 6 of the New York Code of Rules and 
Regulations, entitled ``NOX Budget Trading Program,'' adopted 
on January 18, 2000 and effective on February 25, 2000.
    (B) Amendments to Title 6 of the New York Code of Rules and 
Regulations, Part 200, ``General Provisions,'' Subpart 227-1, 
``Stationary Combustion Installations,'' and Subpart 227-2, ``Reasonably 
Available Control Technology (RACT) for Oxides of Nitrogen ( 
NOX)'' adopted on January 18, 2000 and effective on February 
25, 2000.
    (ii) Additional material:
    (A) Letter from New York State Department of Environmental 
Conservation dated April 3, 2000, requesting EPA approval of the 
NOX Budget Trading Program as a revision to the New York 
State Implementation Plan for ozone.
    (B) Letter from New York State Department of Environmental 
Conservation dated April 18, 2000, requesting EPA approval of the Oxides 
of Nitrogen ( NOX) SIP, entitled ``New York State 
Implementation Plan For Ozone; Meeting The Statewide Oxides of Nitrogen 
( NOX) Budget Requirements Contained In The NOX 
SIP Call (63 FR 57356, October 27, 1998),'' as a revision to the New 
York State Implementation Plan for ozone.
    (C) Letter from New York State Department of Environmental 
Conservation dated May 16, 2000, transmitting supplemental information 
to the Oxides of Nitrogen ( NOX) SIP submitted on April 18, 
2000.
    (101) Revisions to the State Implementation Plan submitted on July 
8, 1994 by the New York State Department of Environmental Conservation 
that establishes VOC and NOX Reasonably Available Control 
Technology requirements statewide for general process emission sources.
    (i) Incorporation by reference:
    (A) Regulation Part 212 of Title 6 of the New York Code of Rules and 
Regulations, entitled ``General Process Emission Sources'' filed on 
August 23, 1994 and effective on September 22, 1994.
    (ii) Additional information.
    (A) Letter from the New York State Department of Environmental 
Conservation dated July 8, 1994, submitting

[[Page 431]]

the Part 212 Regulation and amendments as revisions to the New York 
State Implementation Plan for ozone.
    (B) Letter from the New York State Department of Environmental 
Department Conservation dated August 31, 2001 submitting an analysis of 
mass NOX emissions from generic sources throughout the State.
    (C) Letter from the New York State Department of Environmental 
Conservation dated July 11, 2001 affirming that there are no sources 
regulated by Parts 214, ``Byproduct Coke Oven Batteries,'' 216, ``Iron 
and/or Steel Processes,'' and 220, ``Portland Cement Plants'' in, or 
considered in the attainment demonstration for, the New York portion of 
the New York-Northern New Jersey-Long Island severe 1-hour ozone 
nonattainment area.
    (102) Revisions to the State Implementation Plan submitted by the 
New York State Department of Environmental Conservation on November 20, 
1996 as supplemented on February 24, 1997.
    (i) Incorporation by reference:
    (A) Permits to Construct/Certificates to Operate: The following 
facilities have been issued permits to construct/certificates to operate 
and/or special permit conditions by New York State and such permits and/
or certificates are incorporated for the purpose of establishing 
NOX emission limits consistent with Subpart 227-2:
    (1) Tenneco Gas Corporation's (also known as Tenneco Gas Pipeline 
Company and Tennessee Gas Pipeline Company) eighteen gas-fired 
reciprocating internal combustion engines, Erie, Columbia, and Herkimer 
Counties; Compressor Station 229 at Eden, NY: permits to 
construct and certificates to operate dated August 22, 1995 for emission 
points 0001A through 0006A; Compressor Station 254 at Chatham, 
NY: permits to construct and certificates to operate dated October 4, 
1995 with attached Special Conditions dated September 15, 1995 for 
emission points 00001 through 00006; Compressor Station 245 at 
West Winfield, NY: Special (Permit) Conditions attached to New York 
State's letter dated February 24, 1997 for emission points 00001 through 
00006.
    (2) [Reserved]
    (ii) Additional information--Documentation and information to 
support NOX RACT alternative emission limits in two letters 
addressed to EPA from New York State Department of Environmental 
Conservation and dated as follows:
    (1) November 20, 1996 letter to Ms. Kathleen C. Callahan, Director 
of the Division of Environmental Planning and Protection from Deputy 
Commissioner David Sterman providing a SIP revision for Tenneco Gas 
Pipeline Company.
    (2) February 24, 1997 letter to Ronald Borsellino, Chief of the Air 
Programs Branch from Donald H. Spencer, P.E., providing supplemental 
information for Tenneco Gas Pipeline Company's Compressor Station 
245.
    (103) Revisions to the State Implementation Plan submitted on 
December 30, 2002, January 17, 2003, April 30, 2003, September 17, 2003, 
and October 27, 2003, by the New York State Department of Environmental 
Conservation, which consists of control strategies that will achieve 
volatile organic compound emission reductions that will help achieve 
attainment of the national ambient air quality standard for ozone.
    (i) Incorporation by reference:
    (A) Regulations Part 226, ``Solvent Metal Cleaning Processes'' of 
Title 6 of the New York Code of Rules and Regulations (NYCRR), filed on 
April 7, 2003, and effective on May 7, 2003, Part 228, ``Surface Coating 
Processes'' of Title 6 NYCRR, filed on June 23, 2003, and effective on 
July 23, 2003, Part 235, ``Consumer Products'' of Title 6 NYCRR, filed 
on October 10, 2002, and effective on November 9, 2002, and Part 239, 
``Portable Fuel Container Spillage Control'' of Title 6 NYCRR, filed on 
October 4, 2002, and effective on November 4, 2002.
    (104) Revisions to the State Implementation Plan submitted by the 
New York State Department of Environmental Conservation on April 12, 
2000, and supplemented on May 12, 2000, May 16, 2000, October 10, 2002, 
and February 24, 2003.
    (i) Incorporation by reference:
    Special Permit Conditions: Special permit conditions issued by New 
York State on December 16, 1997, to General

[[Page 432]]

Chemical Corporation's sodium nitrite manufacturing plant, Solvay, 
Onondaga County, are incorporated for the purpose of establishing 
NOX emission limits consistent with part 212.
    (ii) Additional information--Documentation and information to 
support NOX RACT facility-specific emission limits in SIP 
revision addressed to Regional Administrator Jeanne M. Fox from New York 
Deputy Commissioner Carl Johnson:
    (A) April 12, 2000, SIP revision,
    (B) May 12, 2000, May 16, 2000, October 10, 2002, and February 24, 
2003, supplemental information to the SIP revision,
    (C) May 7, 2004, commitment letter from New York.
    (105) Revisions to the State Implementation Plan submitted on 
November 4, 2003 and supplemented on November 21, 2003, by the New York 
State Department of Environmental Conservation, which consists of a 
control strategy that will achieve volatile organic compound emission 
reductions that will help achieve attainment of the national ambient air 
quality standard for ozone.
    (i) Incorporation by reference:
    (A) Regulation Part 205, ``Architectural and Industrial Maintenance 
Coatings.'' of title 6 of the New York Code of Rules and Regulations, 
filed on October 23, 2003, and effective on November 22, 2003.
    (106) Revisions to the State Implementation Plan submitted on 
February 18, 2004, by the New York State Department of Environmental 
Conservation which consists of control measures that will achieve 
reductions in NOX emissions from stationary combustion 
sources that will help achieve attainment of the national ambient air 
quality standard for ozone.
    (i) Incorporation by reference:
    (A) Regulation subpart 227-2 ``Reasonably Available Control 
Technology (RACT) for Oxides of Nitrogen (NOX)'' of part 227 
``Stationary Combustion Installations'' of title 6 of the Official 
Compilation of Codes, Rules and Regulations of the State of New York 
(6NYCRR), filed on January 12, 2004, and effective on February 11, 2004.
    (107) Revisions to the State Implementation Plan submitted on 
December 9, 2002, by the New York State Department of Environmental 
Conservation which consists of the adoption of California's second 
generation Low Emissions Vehicle (LEV) program.
    (i) Incorporation by reference.
    (A) Regulation part 218 ``Emissions Standards for Motor Vehicles and 
Motor Vehicle Engines'' of Title 6 of the Official Compilation of Codes, 
Rules and Regulations of the State of New York (6NYCRR), part 218, 
subparts 218-1, 218-2, 218-3, 218-5, 218-6, 218-7 and 218-8 filed on 
November 28, 2000 and effective on December 28, 2000.
    (108) Revisions to the State Implementation Plan submitted on June 
22, 2004, by the New York State Department of Environmental 
Conservation, which consists of a revision to the carbon monoxide 
maintenance plan for Onondaga County.
    (i) Incorporation by reference:
    (A) Regulation Part 225-3, ``Fuel Composition and Use--Gasoline.'' 
of Title 6 of the New York Code of Rules and Regulations, filed on 
October 5, 2001, and effective on November 4, 2001.
    (109) Revisions to the State Implementation Plan submitted on June 
16, 1996 and May 27, 2005, by the New York State Department of 
Environmental Conservation, which consist of administrative changes to 
Title 6 of the New York Code, Rules and Regulations, Part 201, ``Permits 
and Certificates.''
    (i) Incorporation by reference:
    (A) Regulations Subparts 201-7.1, ``General'' and 201-7.2, 
``Emission Capping Using Synthetic Minor Permits'' of Part 201-7, 
``Federally Enforceable Emission Caps'' of Title 6 of the New York Code 
of Rules and Regulations (NYCRR), filed on June 7, 1996, and effective 
on July 7, 1996.
    (110) Revisions to the State Implementation Plan submitted on July 
8, 1994, by the New York State Department of Environmental Conservation 
(NYSDEC), which consisted of amendments to Title 6 of the New York 
Codes, Rules and Regulations (NYCRR) Parts 214, ``Byproduct Coke Oven 
Batteries,'' and 216, ``Iron and/or Steel Processes.''
    (i) Incorporation by reference:
    (A) Regulations Part 214, ``Byproduct Coke Oven Batteries,'' and 
Part 216, ``Iron and/or Steel Processes'' of Title 6

[[Page 433]]

of the New York Codes, Rules and Regulations (NYCRR), filed on August 
23, 1994, and effective on September 22, 1994.
    (ii) Additional information:
    (A) Letter from New York State Department of Environmental 
Conservation, dated March 1, 2006, identifying the level of 
NOX emissions from generic sources located in New York State 
that are subject to Parts 214 and 216.
    (111) Revisions to the State Implementation Plan submitted on 
February 27, 2006, by the New York State Department of Environmental 
Conservation, which consist of administrative changes to its motor 
vehicle enhanced inspection and maintenance (I/M) program which includes 
the adoption of a statewide On-Board Diagnostic (OBD) program.
    (i) Incorporation by reference:
    (A) Regulation Title 6 of the New York Codes, Rules and Regulations 
(NYCRR), Part 217, ``Motor Vehicle Enhanced Inspection and Maintenance 
Program Requirements,'' specifically, Subpart 217-1, ``Motor Vehicle 
Enhanced Inspection and Maintenance Program Requirements'' and Subpart 
217-4, ``Inspection and Maintenance Program Audits,'' effective on 
October 30, 2002, and the New York State Department of Motor Vehicles 
regulation Title 15 NYCRR Part 79 ``Motor Vehicle Inspection 
Regulations,'' specifically, Sections 79.1-79.15, 79.17, 79.20, 79.21, 
79.24, and 79.25, effective on May 4, 2005.
    (112) Revisions to the State Implementation Plan submitted on July 
7, 2006 by the New York State Department of Environmental Conservation 
for the purpose of enhancing an existing Emission Statement Program for 
stationary sources in New York. The SIP revision consists of amendments 
to Title 6 of the New York Codes Rules and Regulations, Chapter III, 
Part 202, Subpart 202-2, ``Emission Statements.''
    (i) Incorporation by reference:
    (A) Part 202, Subpart 202-2, Emission Statements of Title 6 of the 
New York Codes, Rules and Regulations, effective on May 29, 2005.
    (ii) Additional information:
    (A) July 7, 2006, letter from Mr. Carl Johnson, Deputy Commissioner, 
OAWM, NYSDEC, to Mr. Alan Steinberg, RA, EPA Region 2, requesting EPA 
approval of the amendments to Title 6 of the New York Codes Rules and 
Regulations, Chapter III, Part 202, Subpart 202-2, Emission Statements.
    (B) April 11, 2007, letter from Mr. David Shaw, Director, Division 
of Air Resources, NYSDEC, to Mr. Raymond Werner, Chief, Air Programs 
Branch, EPA Region 2.
    (113) A revision to the State Implementation Plan that was submitted 
on September 17, 2007 by the New York State Department of Environmental 
Conservation (NYSDEC). This revision consists of regulations to meet the 
requirements of the Clean Air Interstate Rule (CAIR). This revision also 
addresses New York's 110(a)(2)(D)(i) obligations to submit a SIP 
revision that contains adequate provisions to prohibit air emissions 
from adversely affecting another state's air quality through interstate 
transport.
    (i) Incorporation by reference:
    (A) Part 243, CAIR NOX Ozone Season Trading Program, Part 
244, CAIR NOX Annual Trading Program, and Part 245, CAIR 
SO2 Trading Program, effective on October 19, 2007, of Title 
6 of the New York Code of Rules and Regulations (NYCRR).
    (B) Notice of Adoption, New York State Clean Air Interstate Rule, 
addition of Parts 243, 244 and 245 to Title 6 NYCRR, New York State 
Register, dated October 10, 2007, pages 16-22.
    (ii) Additional information:
    (A) Letter dated September 14, 2007 from Assistant Commissioner J. 
Jared Snyder, NYSDEC, to Alan J. Steinberg, RA, EPA Region II, 
submitting the SIP revision.

[37 FR 10882, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1670, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1671  Classification of regions.

    The New York plans were evaluated on the basis of the following 
classifications:

[[Page 434]]



----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Niagara Frontier Intrastate..........................           I          I       III       III             I
Champlain Valley Interstate..........................          II         II       III       III           III
Central New York Intrastate..........................           I         II       III         I             I
Genesee-Finger Lakes Intrastate......................          II         II       III       III             I
Hudson Valley Intrastate.............................           I         II       III       III           III
Southern Tier East Intrastate........................          II         II       III       III           III
Southern Tier West Intrastate........................          II         II       III       III           III
New Jersey-New York-Connecticut Interstate...........           I          I         I         I             I
----------------------------------------------------------------------------------------------------------------


[37 FR 10882, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]



Sec. 52.1672  Extensions.

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

[61 FR 56900, Nov. 5, 1996]



Sec. 52.1673  Approval status.

    (a) With the exceptions set forth in this section, the Administrator 
approves the New York State Implementation Plan (SIP) for the attainment 
and maintenance of the national standards under section 110(a)(2) of the 
Clean Air Act. Furthermore, the Administrator finds that the plan 
satisfies all requirements of Part D, Title I of the Clean Air Act, as 
amended in 1977. In addition, continued satisfaction of the requirements 
of Part D for the ozone element of the SIP depends on the adoption and 
submittal of requirements for reasonable available control technology 
(RACT) by January 1985 and adoption and submittal by each subsequent 
January of additional RACT requirements for sources covered by Control 
Techniques Guidelines (CTGs) issued by the previous January.
    (b) [Reserved]

[50 FR 25079, June 17, 1985, as amended at 56 FR 12453, Mar. 26, 1991]



Sec. 52.1674  Requirements for state implementation plan revisions 
relating to new motor vehicles.

    New York's adopted LEV program must be revised to the extent 
necessary for the state to comply with all aspects of the requirements 
of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]



Sec. 52.1675  Control strategy and regulations: Sulfur oxides.

    (a)-(c) [Reserved]
    (d) Section 225.3(e) of Subchapter A, Chapter III, Title 6 of New 
York State's Official Compilation of Codes, Rules and Regulations, is 
disapproved since it does not provide for the type of permanent control 
necessary to assure attainment and maintenance of national standards.
    (e) Any special limitation promulgated by the Commissioner under 6 
NYCRR section 225.2(b) and (c), any exception issued by the Commissioner 
under 6 NYCRR section 225.3, and any permission issued by the 
Commissioner under 6 NYCRR section 225.5(c) shall not exempt any person 
from the requirements otherwise imposed by 6 NYCRR Part 225; provided 
that the Administrator may approve such special limitation, exception or 
permission as a plan revision when the provisions of this part, section 
110 (a)(3)(A) of the Act, and 40 CFR part 51 (relating to approval of 
and revisions to State implementation plans) have been satisfied with 
respect to such special limitation, exception or permission.
    (f) The following applies to the Environmental Protection Agency's 
approval as a SIP revision of the ``special limitation'' promulgated by 
the Commissioner of the New York State Department of Environmental 
Conservation on November 20, 1979 permitting

[[Page 435]]

the purchase and use by the Consolidated Edison Company of New York, 
Inc. of fuel oil with a maximum sulfur content of 1.5 percent, by 
weight, at units 2 and 3 of its Arthur Kill generating facility on 
Staten Island, New York and unit 3 of its Ravenswood generating station 
in Queens, New York:
    (1) On or before the ``Date of Conversion'' indicated below, each 
``Facility'' indicated below shall combust only natural gas for the 
duration of the special limitation.

    (a) City College of New York, Amsterdam Ave. between W. 135th St. 
and W. 138th St., Manhattan--

    North Campus Academic Center: Converted North Campus Main Boiler 
(Compton Hall): Two boilers shut-down; One boiler converted;
    South Campus--Boiler Plant: Converted;
    North Campus Science and Physical Education Building: October 1, 
1980.

    (b) Harlem Hospital, 135th St. and Lenox Ave., Manhattan: April 1, 
1981;
    (c) Columbia University, 116th St. and Broadway, Manhattan: 
Converted;
    (d) New York City Housing Auth., Senator Robert F. Wagner Houses, 
23-96 First Ave.: October 1, 1980;
    (e) New York City Housing Auth., Frederick Douglass Houses, 880 
Columbus Ave., Manhattan: October 1, 1980;
    (f) New York City Housing Auth., Manhattanville Houses, 549 W. 126th 
St., Manhattan: October 1, 1980;
    (g) New York City Housing Auth., St. Nicholas Houses, 215 W. 127th 
St.: October 1, 1980;
    (h) New York City Housing Auth., General Grant Houses, 1320 
Amsterdam Ave., Manhattan: October 1, 1980;
    (i) New York City Housing Auth., Harlem River Houses, 211-0-1 W. 
151st Street, Manhattan: October 1, 1980;
    (j) New York City Housing Auth., Martin Luther King Towers, 90 Lenox 
Ave., Manhattan: October 1, 1980;
    (k) New York City Housing Auth., Drew Hamilton Houses, 210 W. 142nd 
Street, Manhattan: October 1, 1980.

    (2) If any of the facilities identified in paragraph (g)(1) of this 
section, fail to meet the requirements of that paragraph, the 
Consolidated Edison Company shall not burn fuel oil with a sulfur 
content in excess of 0.30 percent, by weight. For this purpose, 
Consolidated Edison shall maintain a reserve supply of fuel oil with a 
maximum sulfur content of 0.30 percent, by weight, and shall have a 
mechanism to switch promptly to the use of such fuel oil.
    (3) EPA's approval of this revision to the New York SIP will extend 
for a period of twelve months from [August 11, 1980] or such longer 
period limited to twelve months from the date on which fuel oil with a 
sulfur content exceeding 0.30 percent, by weight, is first burned at any 
of the affected Consolidated Edison facilities. However, once the use of 
high sulfur fuel oil has commenced, failure to meet any of the 
conversion dates specified in paragraph (g)(1) of this section shall not 
extend the period of EPA approval.
    (4) On or before July 1, 1981 the Consolidated Edison Company of New 
York, Inc. shall displace the use of approximately 7.1 million gallons 
of residual oil, as projected on an annual basis, through a gas 
conversion program to be implemented within a two-mile radius of the 
Mabel Dean Bacon High School Annex monitor. Beginning on the first day 
of the month in which fuel oil with a sulfur content exceeding 0.30 
percent, by weight, is first burned at any of the affected Consolidated 
Edison facilities and continuing for twelve months thereafter, the 
Consolidated Edison Company of New York, Inc. shall submit a report to 
the EPA, on a monthly basis, which includes, but is not limited to, the 
following information regarding this program:
    (i) The total gallonage of fuel oil capacity converted (projected to 
an annual amount) as of that date,
    (ii) The potential gallonage from sources at which conversion work 
has begun, and
    (iii) The projected gallonage from sources expected to be converted 
by July 1, 1981.
    (g) The Environmental Protection Agency has approved a New York 
State Implementation Plan revision relating to the SO2 
emission limit for units 4 and 5 of Orange and Rockland Utilities' 
Lovett generating station. The revision which allows Lovett to burn coal 
at units 4 and 5 was submitted by the New York State Department of 
Environmental Conservation (NYSDEC) on September 18, 1990, with 
additional materials submitted on April 12, 1991, and June 3, 1991. This 
action sets the emission limit applicable to the facility to 1.0 pound 
per million British thermal units (MMBtu) for units 4 and 5 if both

[[Page 436]]

are operated on coal, or to 1.5 lb/MMBtu for one unit if the other is 
operated on fuel oil, natural gas or is not operated at all, as set 
forth in the Certificates to Operate issued by NYSDEC on April 3, 1991. 
The SO2 emission limit, monitoring and recordkeeping 
requirements pertaining to the SO2 emissions are incorporated 
by reference into the Certificates to Operate.

[37 FR 19815, Sept. 22, 1972, as amended at 38 FR 31296, Nov. 13, 1973; 
39 FR 1441, Jan. 9, 1974; 39 FR 9666, Mar. 13, 1974; 39 FR 30038, Aug. 
20, 1974; 40 FR 23745, June 2, 1975; 45 FR 53144, Aug. 11, 1980; 50 FR 
23007, May 30, 1985; 56 FR 37477, Aug. 7, 1991; 60 FR 33923, June 29, 
1995]



Sec. 52.1676  Control strategy: Nitrogen dioxide.

    (a) The requirements of Sec. 52.14(c)(3) of this chapter as of May 
8, 1974 (39 FR 16347), are not met since the plans do not provide for 
the degree of nitrogen oxides emission reduction attainable through the 
application of reasonably available control technology in the New York 
portion of the New Jersey-New York-Connecticut Interstate Region.
    (b) Section 227.5(b) of 6 NYCRR, as submitted on August 10, 1979, is 
disapproved because it is inconsistent with 40 CFR Subpart G, Control 
strategy: Carbon monoxide, hydrocarbons, ozone, and nitrogen dioxide.

[37 FR 19815, Sept. 22, 1972, as amended at 39 FR 16347, May 8, 1974; 46 
FR 55693, Nov. 12, 1981; 51 FR 40675, 40677, Nov. 7, 1986]



Sec. 52.1677  Compliance schedules.

    (a) The requirements of Sec. 51.261 of this chapter are not met 
since the compliance schedule for Part 220 of Subchapter A, Chapter III, 
Title 6 of New York State's Official Compilation of Codes, Rules and 
Regulations, does not provide for attainment and maintenance of the 
national standards for particulate matter by the dates required by the 
Act.
    (b) The requirements of Sec. 51.262(a) of this chapter are not met 
since sections 223.1(a), 225.3(c), and 230.2(d) of Subchapter A, Chapter 
III, Title 6 of New York State's Official Compilation of Codes, Rules 
and Regulations do not require the reporting of periodic increments of 
progress toward compliance by affected sources or categories of sources.
    (c) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (d) Federal compliance schedules. (1) The owner or operator of any 
boiler or furnace of more than 250 million Btu per hour heat input 
subject to the requirements of section 225.3(c) of Subchapter A, Chapter 
III, Title 6 of New York State's official compilation of codes, rules, 
and regulations shall notify the Administrator, no later than October 1, 
1973, of his intent to utilize either low-sulfur fuel or stack gas 
desulfurization to meet the requirements of said regulation.
    (2) Any owner or operator of a stationary source subject to 
paragraph (d)(1) of this section who elects low-sulfur fuel shall be 
subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with section 225.3(c) of the codes, rules, and 
regulations cited in paragraph (d)(1) of this section on June 30, 1975, 
and October 1, 1975, respectively, and for at least one year thereafter.
    (ii) December 31, 1973--Sign contracts with fuel suppliers for fuel 
requirements as projected above.
    (iii) January 31, 1974--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (iv) March 15, 1974--Let contracts for necessary boiler 
modifications, if applicable.
    (v) June 15, 1974--Initiate onsite modifications, if applicable.
    (vi) February 28, 1975--Complete onsite modifications, if 
applicable.
    (vii) (a) June 30, 1975--Final compliance with the low-sulfur fuel 
requirements of section 225.3(c) of Subchapter A, Chapter III, Title 6 
of New York State's official compilation of codes, rules, and 
regulations.
    (b) October 1, 1975--Final compliance with the low-sulfur fuel 
requirements

[[Page 437]]

of Subchapter A, Chapter III, Title 6 of New York State's official 
compilation of codes, rules, and regulations.
    (3) Any owner or operator of a stationary source subject to 
paragraph (d)(1) of this section who elects to utilize stack gas 
desulfurization shall be subject to the following compliance schedule:
    (i) November 1, 1973--Let necessary contracts for construction.
    (ii) March 31, 1974--Initiate onsite construction.
    (iii) February 28, 1975--Complete onsite construction.
    (iv) (a) June 30, 1975--Final compliance with the requirements of 
section 225.3(c) of Subchapter A, Chapter III, Title 6 of New York 
State's official compilation of codes, rules, and regulations.
    (b) October 1, 1975--Final compliance with the requirements of 
Subchapter A, Title 6 of New York State's official compilation of codes, 
rules, and regulations.
    (v) If a performance test is necessary for a determination as to 
whether compliance with subpart (3)(iv)(a) or (b) has been achieved, 
such a test must be completed by June 30, 1975, or October 1, 1975, 
respectively. Ten days prior to such a test, notice must be given to the 
Administrator to afford him the opportunity to have an observer present.
    (4) The owner or operator of any boiler or furnace of more than 250 
million Btu per hour heat input subject to the requirement of section 
230.2(d) of Subchapter A, Chapter III, Title 6 of the New York State's 
official compilation of codes, rules, and regulations shall notify the 
Administrator no later than October 1, 1973, of his intent to utilize 
either low-sulfur fuel or stack gas desulfurization to meet the 
requirements of said regulation.
    (5) Any owner or operator of a stationary source subject to 
paragraph (d)(4) of this section who elects low-sulfur fuel shall be 
subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with section 230.2(d) of the codes, rules, and 
regulations cited in paragraph (4) of this paragraph (d) on October 1, 
1974, and for at least one year thereafter.
    (ii) December 31, 1973--Sign contracts with fuel suppliers for fuel 
requirements as projected above.
    (iii) January 31, 1974--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (iv) March 15, 1974--Let contracts for necessary boiler 
modifications, if applicable.
    (v) June 15, 1974--Initiate onsite modifications, if applicable.
    (vi) September 3, 1974--Complete onsite modifications, if 
applicable.
    (vii) October 1, 1974--Final compliance with the low-sulfur fuel 
requirements of section 230.2(d) of Subchapter A, Chapter III, Title 6 
of New York State's official compilation of codes, rules, and 
regulations.
    (6) Any owner or operator of a stationary source subject to 
paragraph (d)(5) of this section who elects to utilize stack gas 
desulfurization shall be subject to the following compliance schedule:
    (i) November 1, 1973--Let necessary contracts for construction.
    (ii) December 31, 1973--Initiate onsite construction.
    (iii) September 1, 1974--Complete onsite construction.
    (iv) October 1, 1974--Final compliance with the requirements of 
section 230.2(d) of Subchapter A, Chapter III, Title 6 of New York 
State's official compilation of codes, rules, and regulations.
    (v) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed by 
October 1, 1974. Ten days prior to such a test, notice must be given to 
the Administrator to afford him the opportunity to have an observer 
present.
    (7) The owner or operator of any petroleum refinery subject to the 
requirements of section 223.1(a) of Subchapter A, Chapter III, Title 6 
of New York State's official compilation of codes, rules, and 
regulations shall comply with the compliance schedule in paragraph 
(d)(8) of this section.
    (8) Any owner or operator of a petroleum refinery subject to 
paragraph

[[Page 438]]

(d)(7) of this section shall be subject to the following compliance 
schedule:
    (i) November 1, 1973--Submit final control plan to the 
Administrator.
    (ii) February 28, 1974--Let necessary contracts for construction or 
installation of emission control equipment.
    (iii) June 30, 1974--Initiate onsite construction or installation of 
emission control equipment.
    (iv) November 30, 1974--Complete onsite construction or installation 
of emission control equipment.
    (v) December 31, 1974--Final compliance with the requirements of 
section 223.1(a) of Subchapter A, Chapter III, Title 6 of New York 
State's official compilation of codes, rules, and regulations.
    (9) The owner or operator of any coke oven battery subject to the 
requirements of Part 214, sections 214.2 and 214.4, of Subchapter A, 
Chapter III, Title 6 of the New York State's official compilation of 
codes, rules, and regulations for a facility with an environmental 
rating B as determined by Part 212 of Subchapter A, Chapter III, Title 6 
of the New York State official compilation of codes, rules, and 
regulations, shall comply with the compliance schedule in paragraph 
(d)(10) of this section.
    (10) Any owner or operator of a coke oven battery subject to 
paragraph (d)(9) of this section shall be subject to the following 
compliance schedule:
    (i) November 1, 1973--Submit final control plan to the 
Administrator.
    (ii) February 1, 1974--Let necessary contract for construction or 
installation of control equipment.
    (iii) April 15, 1974--Initiate onsite construction or installation 
of control equipment.
    (iv) November 30, 1974--Complete onsite construction or installation 
of control equipment.
    (v) December 31, 1974--Final compliance with the requirements of 
Part 214, sections 214.2 and 214.4, of the Subchapter A, Chapter III, 
Title 6 of the New York State's official compilation of codes, rules, 
and regulations.
    (11) Any owner or operator subject to a compliance schedule above 
shall certify to the Administrator, within five days after the deadline 
for each increment of progress in that schedule, whether or not the 
increment has been met.
    (12) (i) None of the above paragraphs shall apply to a source which 
is presently in compliance with applicable regulations and which has 
certified such compliance to the Administrator by October 1, 1973. The 
Administrator may request whatever supporting information he considers 
necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Administrator no later than October 1, 1973, 
a proposed alternative compliance schedule. No such compliance schedule 
may provide for final compliance after the final compliance date in the 
applicable compliance schedule of this paragraph. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (13) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraphs (d)(2), (3), (5), (6), (8), and 
(10) of this section fails to satisfy the requirements of Sec. 51.15 
(b) and (c) of this chapter.

[37 FR 19815, Sept. 22, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1677, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1678  Control strategy and regulations: Particulate matter.

    (a)-(c) [Reserved]
    (d) Section 227.3(a)(2) of 6 NYCRR, as submitted on August 10, 1979, 
is disapproved because it is inconsistent with 40 CFR Subpart G, Control 
strategy: Sulfur oxides and particulate matter.

[46 FR 55693, Nov. 12, 1981, as amended at 51 FR 40676, Nov. 7, 1986]

[[Page 439]]



Sec. 52.1679  EPA-approved New York State regulations.

----------------------------------------------------------------------------------------------------------------
                                            State
        New York State regulation         effective   Latest EPA approval date               Comments
                                             date
----------------------------------------------------------------------------------------------------------------
Title 6:
Part 200, General Provisions Sections       2/25/00  4/22/08, 73 FR 21548......  The word odor is removed from
 200.1, 200.6, 200.7 and 200.9.                                                   the Subpart 200.1(d)
                                                                                  definition of ``air
                                                                                  contaminant or air
                                                                                  pollutant''.
                                          .........                              Redesignation of non-attainment
                                                                                  areas to attainment areas
                                                                                  (200.1(av)) does not relieve a
                                                                                  source from compliance with
                                                                                  previously applicable
                                                                                  requirements as per letter of
                                                                                  Nov. 13, 1981 from H. Hovey,
                                                                                  NYSDEC.
                                          .........                              Changes in definitions are
                                                                                  acceptable to EPA unless a
                                                                                  previously approved definition
                                                                                  is necessary for
                                                                                  implementation of an existing
                                                                                  SIP regulation.
                                          .........                              EPA is including the definition
                                                                                  of ``federally enforceable''
                                                                                  with the understanding that
                                                                                  (1) the definition applies to
                                                                                  provisions of a Title V permit
                                                                                  that are correctly identified
                                                                                  as federally enforceable, and
                                                                                  (2) a source accepts operating
                                                                                  limits and conditions to lower
                                                                                  its potential to emit to
                                                                                  become a minor source, not to
                                                                                  ``avoid'' applicable
                                                                                  requirements.
                                          .........                              EPA is approving incorporation
                                                                                  by reference of those
                                                                                  documents that are not already
                                                                                  federally enforceable.
Part 201, ``Permits and Certificates''..     4/4/93  10/3/05, 70 FR 57511......  This action removes subpart
                                                                                  201.5(e) from the State's
                                                                                  federally approved SIP.
Subpart 201-7.1, ``General''............     7/7/96  10/3/05, 70 FR 57511......
Subpart 201-7.2, ``Emission Capping          7/7/96  10/3/05, 70 FR 57511......
 Using Synthetic Minor Permits''.
Part 202, Emissions Verification:.......    3/24/79  11/12/81, 46 FR 55690.....
Subpart 202-1, ``Emissions Testing,
 Sampling and Analytical
 Determinations''..
    Subpart 202-2, ``Emission             5/29/2005  10/31/07, 72 FR 61530.....  Section 202-2.3(c)(9) requires
     Statements''.                                                                facilities to report
                                                                                  individual HAPs that may not
                                                                                  be classified as criteria
                                                                                  pollutants or precursors to
                                                                                  assist the State in air
                                                                                  quality planning needs. EPA
                                                                                  will not take SIP-related
                                                                                  enforcement action on these
                                                                                  pollutants.
Part 204, NOX Budget Trading Program....    2/25/00  5/22/01 66 FR 28063.......  Incorporates NOX SIP Call and
                                                                                  NOX Budget Trading Program for
                                                                                  2003 and thereafter.
Part 205, Architectural and Industrial     11/22/04  12/13/04, 69 FR 72118.....
 Maintenance Coatings.
Part 207, Control Measures for an Air       3/24/79  11/12/81, 46 FR 55690.....
 Pollution Episode.
Part 211, General Prohibitions..........    8/11/83  11/27/98, 63 FR 65559.....  Section 211.2 has been removed
                                                                                  from the approved plan.
Part 212, General Process Emission          9/22/94  9/25/01, 66 FR 48961......
 Sources.
Part 213, Contaminant Emissions from        6/27/72  9/22/72, 37 FR 19814......
 Ferrous Jobbing Foundries.
Part 214, ``Byproduct Coke Oven             9/22/94  7/20/06, 71 FR 41163......
 Batteries''.
Part 215, Open Fires....................    6/16/72  9/22/72, 37 FR 19814......
Part 216, ``Iron and/or SteelProcesses''    9/22/94  7/20/06, 71 FR 41163......
Part 217, Motor Vehicle Emissions:......
    Subpart 217-1, Motor Vehicle           10/30/02  2/21/07, 72 FR 7829.......
     Enhanced Inspection and Maintenance
     Program Requirements.
    Subpart 217-4, Inspection and          10/30/02  2/21/07, 72 FR 7829.......
     Maintenance Program Audits.
Part 218, Emission Standards for Motor    .........  ..........................  EPA's approval of part 218 only
 Vehicles and Motor Vehicle Engines:.                                             applies to light-duty
                                                                                  vehicles.
Subpart 218-1: Applicability and           12/28/00  1/31/05, 70 FR 4773.......
 Definitions.
Subpart 218-2: Certification and           12/28/00  1/31/05, 70 FR 4773.......
 Prohibitions.
Subpart 218-3: Fleet Average............   12/28/00  1/31/05, 70 FR 4773

[[Page 440]]

 
Subpart 218-4: Zero Emissions Vehicle       5/28/92  1/6/95, 60 FR 2025........
 Sales Mandate.
Subpart 218-5: Testing..................   12/28/00  1/31/05, 70 FR 4773
Subpart 218-6: Surveillance.............   12/28/00  1/31/05, 70 FR 4773.......
Subpart 218-7: Aftermarket Parts........   12/28/00  1/31/05, 70 FR 4773.......
Subpart 218-8: Severability.............   12/28/00  1/31/05, 70 FR 4773.......
Part 219, Incinerators..................     5/1/82  9/22/72, 37 FR 19814......
Part 220, Portland Cement Plants........    3/14/73  11/12/81, 46 FR 55690.....
Part 222, Incinerators--New York City,      7/17/72  9/22/72, 37 FR 19814......
 Nassau and Westchester Counties.
Part 223, Petroleum Refineries..........     8/9/84  7/19/85, 50 FR 29382......
Part 224, Sulfuric and Nitric Acid          5/10/84  ......do..................  Variances adopted by the State
 Plants.                                                                          pursuant to Part 224.6(b)
                                                                                  become applicable only if
                                                                                  approved by EPA as SIP
                                                                                  revisions 7/19/85, 50 FR
                                                                                  29382.
Subpart 225-1, Fuel Composition and Use-    3/24/79  11/12/81, 46 FR 55690.....  Section 225.3(e) is disapproved
 Sulfur Limitations.                                                              (40 CFR 52.1675(d)). Variances
                                                                                  adopted by the State pursuant
                                                                                  to Sec. Sec. 225.2(b) and
                                                                                  (c), 225.3, and 225.5(c)
                                                                                  become applicable only if
                                                                                  approved by EPA or SIP
                                                                                  revisions (40 CFR 52.1675(e)).
Subpart 225-2, Fuel Composition and Use-    7/28/83  8/2/84....................
 Waste Fuel.
Part 225-3, Fuel Composition and Use--      11/4/01  9/08/05, 70 FR 53304......  The Variance adopted by the
 Gasoline.                                                                        State pursuant to section 225-
                                                                                  3.5 becomes applicable only if
                                                                                  approved by EPA as a SIP
                                                                                  revision.
Part 226, Solvent Metal Cleaning             5/7/03  1/23/04, 69 FR 3240.......
 Processes.
Part 227, Stationary Combustion              5/1/72  9/22/72, 37 FR 19814......  ...............................
 Installations [1972 version]/section
 227.2(b)(1).
Part 227, Stationary Combustion           .........  ..........................  Existing Part 227 is renumbered
 Installations.                                                                   Subpart 227-1.
Subpart 227-1, Stationary Combustion        2/25/00  5/22/01 66 FR 28063.......  Renumbered sections 227-
 Installations.                                                                   1.2(a)(2), 227-1.4(a), and 227-
                                                                                  1.4(d) continue to be
                                                                                  disapproved according to 40
                                                                                  CFR 52.1678(d) and 52.1680(a).
                                                                                  (New York repealed existing
                                                                                  Part 227.5.)
Subpart 227-2, Reasonably Available         2/11/04  1/13/05, 70 FR 2358.......
 Control Technology (RACT) for Oxides of
 Nitrogen (NOX).
Subpart 227-3, Pre-2003 Nitrogen Oxides      3/5/99  5/22/01 66 FR 28063.......  Approval of NOX Budget Trading
 Emissions Budget and Allowance Program.                                          Program for 1999, 2000, 2001
                                                                                  and 2002. NOX caps in the
                                                                                  State during 2003 and
                                                                                  thereafter established in Part
                                                                                  204.
Part 228, ``Surface Coating Processes''.    7/23/03  1/23/04, 69 FR 3240.......
Part 229, Petroleum and Volatile Organic     4/4/93  12/23/97, 62 FR 67006.....  SIP revisions submitted in
 Liquid Storage and Transfer.                                                     accordance with Section
                                                                                  229.3(g)(1) are effective only
                                                                                  if approved by EPA.
Part 230, Gasoline Dispensing Sites and     8/22/94  4/30/98, 63 FR 23668......
 Transport Vehicles.
Part 231, Major Facilities..............    6/21/80  ......do..................
Part 232, Dry Cleaning..................    8/11/83  6/17/85, 50 FR 25079......  EPA has not determined that
                                                                                  Sec. 232.3(a) provides for
                                                                                  reasonably available control
                                                                                  technology.
Part 233, Pharmaceutical and Cosmetic        4/4/93  12/23/97, 62 FR 67006.....  SIP revisions submitted in
 Processes.                                                                       accordance with Section
                                                                                  223.3(h)(1) are effective only
                                                                                  if approved by EPA.
Part 234, Graphic Arts..................     4/4/93  12/23/97, 62 FR 67006.....  SIP revisions submitted in
                                                                                  accordance with Section
                                                                                  234.3(f)(1) are effective only
                                                                                  if approved by EPA.
Part 235, Consumer Products.............    11/9/02  1/23/04, 69 FR 3240.......  The specific application of
                                                                                  provisions associated with
                                                                                  alternate test methods,
                                                                                  variances, innovative products
                                                                                  and alternate compliance
                                                                                  plans, must be submitted to
                                                                                  EPA as SIP revisions.
Part 236, Synthetic Organic Chemical        1/16/92  7/27/93, 58 FR 40059......  Variances adopted by the State
 Manufacturing Facility Component Leaks.                                          pursuant to Part 236.6(e)(3)
                                                                                  become applicable only if
                                                                                  approved by EPA as a SIP
                                                                                  revision.

[[Page 441]]

 
Part 239, ``Portable Fuel Container         11/4/02  1/23/04, 69 FR 3240.......  The specific application of
 Spillage Control''.                                                              provisions associated with
                                                                                  alternate test methods,
                                                                                  variances and innovative
                                                                                  products, must be submitted to
                                                                                  EPA as SIP revisions.
Part 243, CAIR NOX Ozone Season Trading    10/19/07  1/24/08, 73 FR 4112.......
 Program.
Part 244, CAIR NOX Annual Trading          10/19/07  1/24/08, 73 FR 4112.......
 Program.
Part 245, CAIR SO2 Trading Program......   10/19/07  1/24/08, 73 FR 4112.......
Title 15:
Part 79, ``Motor Vehicle Inspection          5/4/05  2/21/07, 72 FR 7829.......
 Regulations'' Sections 79.1-79.15,
 79.17, 79.20, 79.21, 79.24, 79.25.
----------------------------------------------------------------------------------------------------------------


[46 FR 55692, Nov. 12, 1981]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1679, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1680  Control strategy: Monitoring and reporting.

    (a) Section 227.6 (a) and (f) are disapproved because they are not 
consistent with the continuous monitoring and reporting requirements of 
40 CFR 51.214.

[46 FR 55693, Nov. 12, 1981, as amended at 51 FR 40677, Nov. 7, 1986]



Sec. 52.1681  Control strategy: Lead.

    As part of the attainment demonstration for lead, the State of New 
York has committed to rate all sources of lead or lead compound 
emissions with either an ``A'' or ``B'' environmental rating pursuant to 
6 NYCRR Part 212.

[49 FR 30939, Aug. 2, 1984]



Sec. 52.1682  Control strategy: Carbon monoxide.

    (a) Approval--The November 13, 1992 revision to the carbon monoxide 
state implementation plan for Onondaga County. This revision included a 
maintenance plan which demonstrated continued attainment of the National 
Ambient Air Quality Standard for carbon monoxide through the year 2003.
    (b) Approval--The November 13, 1992 and March 21, 1994 revisions to 
the carbon monoxide state implementation plan for the New York portion 
of the New York--Northern New Jersey--Long Island Carbon Monoxide 
nonattainment area. This included an attainment demonstration and the 
control measures needed to attain the National Ambient Air Quality 
Standard for carbon monoxide. In addition, the September 21, 1990 
Downtown Brooklyn Master Plan and revision dated March 22, 2000 is a 
component of the carbon monoxide attainment plan. The November 23, 1999, 
request to redesignate the New York portion of the New York--Northern 
New Jersey--Long Island Carbon Monoxide nonattainment area from 
nonattainment to attainment of the National Ambient Air Quality Standard 
for carbon monoxide. As part of the redesignation request, the State 
submitted a maintenance plan which demonstrated continued attainment of 
the National Ambient Air Quality Standard for carbon monoxide through 
the year 2012.
    (c) Approval--The June 22, 2004 revision to the carbon monoxide 
maintenance plan for Onondaga County. This revision contains a second 
ten-year maintenance plan that demonstrates continued attainment of the 
National Ambient Air Quality Standard for carbon monoxide through the 
year 2013 and CO conformity budgets for the years 2003, 2009, and 2013.

[67 FR 19339, Apr. 19, 2002, as amended at 70 FR 53308, Sept. 8, 2005]



Sec. 52.1683  Control strategy: Ozone.

    (a) The State of New York has certified to the satisfaction of the 
EPA that no sources are located in the nonattainment area of the State 
which are

[[Page 442]]

covered by the following Control Techniques Guidelines:
    (1) Natural Gas/Gasoline Processing Plants.
    (2) Air Oxidation Processes at Synthetic Organic Chemical 
Manufacturing Industries.
    (3) Manufacture of High-Density Polyethylene, Polypropylene, and 
Polystyrene Resins.
    (b)-(e) [Reserved]
    (f) Attainment Determination. (1) EPA has determined that, as of 
February 5, 1998, the Poughkeepsie ozone nonattainment area (consisting 
of Dutchess and Putnam Counties and northern Orange County) has air 
monitoring data that attains the one-hour ozone standard and that the 
requirements of section 182(b)(1) (reasonable further progress and 
attainment demonstration) and related requirements of section 172(c)(9) 
(contingency measures) of the Clean Air Act do not apply to the area.
    (2) EPA is determining that the 8-hour ozone nonattainment areas in 
New York listed below have attained the 8-hour ozone standard on the 
date listed. Under the provisions of EPA's ozone implementation rule 
(see 40 CFR 51.918), this determination suspends 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 for 
each of these areas as long as the area does not monitor any violations 
of the 8-hour ozone standard. If a violation of the ozone NAAQS is 
monitored this determination shall no longer apply in the area where the 
violation occurs.
    (i) Albany-Schenectady-Troy (consisting of Albany, Greene, 
Montgomery, Rensselaer, Saratoga, Schenectady, and Schoharie Counties) 
as of March 25, 2008,
    (ii) Jefferson County, as of March 25, 2008, and
    (iii) Rochester (consisting of Genesee, Livingston, Monroe, Ontario, 
Orleans and Wayne Counties) as of March 25, 2008.
    (g) EPA approves as a revision to the New York State Implementation 
Plan, the Stage II gasoline vapor recovery comparability plan for 
upstate portions of New York State submitted by the New York State 
Department of Environmental Conservation on April 18, 2000.
    (h)(1) The 1990 base year emission inventory as revised on February 
2, 1999 (Volatile organic compounds (VOC), Nitrogen oxides 
(NOX) and Carbon monoxide (CO) for areas designated 
nonattainment for ozone since 1991 in New York) is approved.
    (2) The 1996 and 1999 ozone projection year emission inventories 
included in New York's February 2, 1999 State Implementation Plan 
revision for the New York portion of the New York-Northern New Jersey-
Long Island nonattainment area are approved.
    (3) [Reserved]
    (4) The photochemical assessment monitoring stations network 
included in New York's February 2, 1999 State Implementation Plan 
revision is approved.
    (5) The demonstration that emissions from growth in vehicle miles 
traveled will not increase total motor vehicle emissions and, therefore, 
offsetting measures are not necessary, which was included in New York's 
February 2, 1999 State Implementation Plan revision for the New York 
portion of the New York-Northern New Jersey-Long Island nonattainment 
area is approved.
    (6) The enforceable commitments to: participate in the consultative 
process to address regional transport; adopt additional control measures 
as necessary to attain the ozone standard, meeting rate of progress 
requirements, and eliminating significant contribution to nonattainment 
downwind; identify any reductions that are needed from upwind areas for 
the area to meet the ozone standard, included in New York's February 2, 
1999 State Implementation Plan revision for the New York portion of the 
New York-Northern New Jersey-Long Island nonattainment area are 
approved.
    (7) The 15 Percent Rate of Progress Plan and the 9 Percent 
Reasonable Further Progress Plan included in the New York's February 2, 
1999 State Implementation Plan revision for the New York portion of the 
New York-Northern New Jersey-Long Island nonattainment area are 
approved.
    (i)(1) The 2002, 2005 and 2007 ozone projection year emission 
inventories

[[Page 443]]

included in New York's November 27, 1998 State Implementation Plan 
revision for the New York portion of the New York-Northern New Jersey-
Long Island nonattainment area are approved.
    (2) The Reasonable Further Progress Plans for milestone years 2002, 
2005 and 2007 included in the New York's November 27, 1998 State 
Implementation Plan revision for the New York portion of the New York-
Northern New Jersey-Long Island nonattainment area are approved.
    (3) The contingency measures included in the New York's November 27, 
1998 State Implementation Plan revision for the New York portion of the 
New York-Northern New Jersey-Long Island nonattainment area necessary to 
fulfill the RFP and attainment requirement of section 172(c)(9) of the 
CAA are approved.
    (4) [Reserved]
    (5) The Reasonably Available Control Measure Analysis for the New 
York portion of the New York-Northern New Jersey-Long Island 
nonattainment area included in New York's October 1, 2001 State 
Implementation Plan revision is approved.
    (6) The revisions to the State Implementation Plan submitted by New 
York on November 27, 1998, April 15, 1999, and April 18, 2000, are 
approved. The revisions are for the purpose of satisfying the attainment 
demonstration requirements of section 182(c)(2)(A) of the CAA for the 
New York portion of the New York-Northern New Jersey-Long Island severe 
ozone nonattainment area. The revisions establish an attainment date of 
November 15, 2007, for the New York-Northern New Jersey-Long Island 
ozone nonattainment area. The April 18, 2000, revision includes the 
following enforceable commitments for future actions associated with 
attainment of the 1-hour ozone national ambient air quality standard:
    (i) Adopt additional control measures by October 31, 2001, to meet 
that level of reductions identified by EPA for attainment of the 1-hour 
ozone standard.
    (ii) Work through the Ozone Transport Commission (OTC) to develop a 
regional strategy regarding the measures necessary to meet the 
additional reductions identified by EPA.
    (iii) Adopt and submit by October 31, 2001 intrastate measures for 
the emission reductions (Backstop) in the event the OTC process does not 
recommend measures that produce emission reductions.
    (iv) Submit revised State Implementation Plan and motor vehicle 
emissions budget by October 31, 2001 if additional adopted measures 
affect the motor vehicle emissions inventory.
    (j)(1) The 1990 and 2007 conformity emission budgets for the New 
York portion of the New York-Northern New Jersey-Long Island 
nonattainment area contained in New York's January 29, 2003 SIP 
revision, amended by New York's June 29, 2003 submittal and January 18, 
2005 comment letter.
    (2) The revised commitment to perform a mid-course review and submit 
the results by December 31, 2004 included in the January 29, 2003 SIP 
revision is approved.

[56 FR 41463, Aug. 21, 1991, as amended at 61 FR 51217, Oct. 1, 1996; 61 
FR 64029, Dec. 3, 1996; 62 FR 55344, Oct. 24, 1997; 62 FR 66825, Dec. 
22, 1997; 65 FR 58364, Sept. 29, 2000; 66 FR 22924, May 7, 2001; 66 FR 
23851, May 10, 2001; 67 FR 5194, Feb. 4, 2002; 70 FR 53944, Sept. 13, 
2005; 73 FR 15673, Mar. 25, 2008]



Sec. 52.1684  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the 
State of New York and for which requirements are set forth under the 
Federal CAIR NOX Annual Trading Program in subparts AA 
through II of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the New York State Implementation 
Plan (SIP) as meeting the requirements of CAIR for PM2.5 
relating to NOX under Sec. 51.123 of this chapter, except to 
the extent the Administrator's approval is partial or conditional or 
unless such approval is under Sec. 51.123(p) of this chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this 
section, if, at the time of such approval of the State's

[[Page 444]]

SIP, the Administrator has already allocated CAIR NOX 
allowances to sources in the State for any years, the provisions of part 
97 of this chapter authorizing the Administrator to complete the 
allocation of CAIR NOX allowances for those years shall 
continue to apply, unless the Administrator approves a SIP provision 
that provides for the allocation of the remaining CAIR NOX 
allowances for those years.
    (b)(1) The owner and operator of each NOX source located 
within the State of New York and for which requirements are set forth 
under the Federal CAIR NOX Ozone Season Trading Program in 
subparts AAAA through IIII of part 97 of this chapter must comply with 
such applicable requirements. The obligation to comply with these 
requirements in part 97 of this chapter will be eliminated by the 
promulgation of an approval by the Administrator of a revision to the 
New York State Implementation Plan (SIP) as meeting the requirements of 
CAIR for ozone relating to NOX under Sec. 51.123 of this 
chapter, except to the extent the Administrator's approval is partial or 
conditional or unless such approval is under Sec. 51.123(ee) of this 
chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX Ozone Season 
allowances to sources in the State for any years, the provisions of part 
97 of this chapter authorizing the Administrator to complete the 
allocation of CAIR NOX Ozone Season allowances for those 
years shall continue to apply, unless the Administrator approves a SIP 
provision that provides for the allocation of the remaining CAIR 
NOX Ozone Season allowances for those years.

[72 FR 62352, Nov. 2, 2007]



Sec. Sec. 52.1686-52.1688  [Reserved]



Sec. 52.1689  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable procedures 
for preventing the significant deterioration of air quality.
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are 
hereby incorporated and made a part of the applicable state plan for the 
State of New York.

[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 68 
FR 11324, Mar. 10, 2003; 68 FR 74490, Dec. 24, 2003]



Sec. 52.1690  Small business technical and environmental compliance 
assistance program.

    On January 11, 1993, the New York State Department of Environmental 
Conservation submitted a plan for the establishment and implementation 
of a Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program for incorporation in the New York state 
implementation plan. This plan meets the requirements of section 507 of 
the Clean Air Act, and New York must implement the program as approved 
by EPA.

[59 FR 34386, July 5, 1994]



                        Subpart II_North Carolina



Sec. 52.1770  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for North Carolina under section 110 of the Clean 
Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air 
quality standards.
    (b) Incorporation by reference. (1) Material listed in paragraph (c) 
of this section with an EPA approval date prior to December 30, 2004, 
for North Carolina (Table 1 of the North Carolina State Implementation 
Plan), January 1, 2003, for Forsyth County, North Carolina (Table 2 of 
the North Carolina State Implementation Plan) and January 1, 2003, for 
Mecklenburg County, North Carolina (Table 3 of the North Carolina State 
Implementation Plan), 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

[[Page 445]]

Federal Register. Entries in paragraphs (c) of this section with EPA 
approval dates after December 30, 2004, for North Carolina (Table 1 of 
the December 30, 2004, for North Carolina State Implementation Plan), 
January 1, 2003, for Forsyth County, North Carolina (Table 2 of the 
North Carolina State Implementation Plan) and January 1, 2003, for 
Mecklenburg County, North Carolina, (Table 3 of the North Carolina State 
Implementation Plan) will be incorporated by reference in the next 
update to these SIP compilation notebooks.
    (2) EPA Region 4 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
implementation plan as of the dates referenced in paragraph (b)(1).
    (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 EPA, Air and Radiation Docket and Information Center, Air 
Docket (Mail Code 6102T), 1200 Pennsylvania Avenue, NW., Washington, DC 
20460 and the National Archives and Records Administration. For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
    (c) EPA approved regulations.

                                Table 1--EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                               State
   State citation         Title/subject      effective          EPA approval date               Explanation
                                                date
----------------------------------------------------------------------------------------------------------------
                                Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
                                    Section .0100 Definitions and References
----------------------------------------------------------------------------------------------------------------
Sect .0101.........  Definitions...........   01/15/98  11/10/99, 64 FR 61213...........
Sect .0103.........  Copies of Referenced     12/01/92  08/15/94, 59 FR 41708...........
                      Federal Regulations.
Sect .0104.........  Incorporation by         01/15/98  11/10/99, 64 FR 61213...........
                      Reference.
Sect .0105.........  Mailing List..........   07/01/02  09/17/03, 68 FR 54362...........
----------------------------------------------------------------------------------------------------------------
                                       Section .0200 Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
Sect .0201.........  Classification of Air    04/12/84  10/11/85, 50 FR 41501...........
                      Pollution Sources.
Sect .0202.........  Registration of Air      01/15/98  11/10/99, 64 FR 61213...........
                      Pollution Sources.
----------------------------------------------------------------------------------------------------------------
                                     Section .0300 Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
Sect .0301.........  Purpose...............   02/01/76  06/03/86, 51 FR 19834...........
Sect. 0302.........  Episode Criteria......   01/15/98  11/10/99, 64 FR 61213...........
Sect .0303.........  Emission Reduction       04/12/84  10/11/85, 50 FR 41501...........
                      Plans.
Sect .0304.........  Preplanned Abatement     04/14/88  12/12/88, 53 FR 49881...........
                      Program.
Sect .0305.........  Emission Reduction       04/12/84  10/11/85, 50 FR 41501...........
                      Plan--Alert Level.
Sect .0306.........  Emission Reduction       04/12/84  10/11/85, 50 FR 41501...........
                      Plan--Warning Level.
Sect .0307.........  Emission Reduction       04/12/84  10/11/85, 50 FR 41501...........
                      Plan--Emergency Level.
----------------------------------------------------------------------------------------------------------------
                                   Section .0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Sect .0401.........  Purpose...............   12/01/92  08/15/94, 59 FR 41708...........
Sect .0402.........  Sulfur Oxides.........   04/12/84  10/11/85, 50 FR 41501...........
Sect .0403.........  Total Suspended          07/01/88  01/16/90, 55 FR 1419............
                      Particulates.
Sect .0404.........  Carbon Monoxide.......   10/01/89  3/12/90, 55 FR 9125.............
Sect .0405.........  Ozone.................   05/01/99  10/22/02, 67 FR 64989...........
Sect .0407.........  Nitrogen Dioxide......   10/01/89  03/12/90, 55 FR 9125............
Sect .0408.........  Lead..................   04/12/84  10/11/85, 50 FR 41501...........
Sect .0409.........  Particulate Matter....   07/01/88  01/16/90, 55 FR 1419............
Sect .0410.........  PM2.5 Particulate        05/01/99  10/22/02, 67 FR 64989...........
                      Matter.
----------------------------------------------------------------------------------------------------------------

[[Page 446]]

 
                                    Section .0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
Sect .0501.........  Compliance with          04/01/01  08/08/02, 67 FR 51461...........
                      Emission Control
                      Standards.
Sect .0502.........  Purpose...............   03/01/81  07/26/82, 47 FR 32118...........
Sect .0503.........  Particulates from Fuel   05/01/99  10/22/02, 67 FR 64989...........
                      Burning Indirect Heat
                      Exchangers.
Sect .0504.........  Particulates from Wood   07/01/02  12/27/02, 67 FR 78980...........
                      Burning Indirect Heat
                      Exchangers.
Sect .0505.........  Control of               07/01/87  02/29/88, 53 FR 5974............
                      Particulates from
                      Incinerators.
Sect .0506.........  Particulates from Hot    03/20/98  11/10/99, 64 FR 61213...........
                      Mix Asphalt Plants.
Sect .0507.........  Particulates from        04/01/03  09/17/03, 68 FR 54362...........
                      Chemical Fertilizer
                      Manufacturing Plants.
Sect .0508.........  Particulates from Pulp   03/20/98  11/10/99, 64 FR 61213...........
                      and Paper Mills.
Sect .0509.........  Particulates from Mica   04/01/03  09/17/03, 68 FR 54362...........
                      or Feldspar
                      Processing Plants.
Sect .0510.........  Particulates from        03/20/98  11/10/99, 64 FR 61213...........
                      Sand, Gravel, or
                      Crushed Stone
                      Operations.
Sect .0511.........  Particluates from        03/20/98  11/10/99, 64 FR 61213...........
                      Lightweight Aggregate.
Sect .0512.........  Particulates from Wood   11/01/84  12/19/86, 51 FR 45468...........
                      Products Finishing
                      Plants.
Sect .0513.........  Particulates from        03/20/98  11/10/99, 64 FR 61213...........
                      Portland Cement
                      Plants.
Sect .0514.........  Particulates from        03/20/98  11/10/99, 64 FR 61213...........
                      Ferrous Jobbing
                      Foundries.
Sect .0515.........  Particulates from        04/01/03  09/17/03, 68 FR 54362...........
                      Miscellaneous
                      Industrial Processes.
Sect .0516.........  Sulfur Dioxide           04/01/03  09/17/03, 68 FR 54362...........
                      Emissions from
                      Combustion Sources.
Sect .0517.........  SO2 Emissions from       11/01/84  12/19/86, 51 FR 45468...........
                      Plants Producing
                      Sulfuric Acid.
Sect. 0519.........  Control of Nitrogen        1/1/05  8/22/08, 73 FR 49613............
                      Dioxide and Nitrogen
                      Oxides.
Sect .0520.........  Control and              07/01/96  08/01/97, 62 FR 41277...........  Repealed.
                      Prohibition of Open
                      Burning.
Sect .0521.........  Control of Visible       01/01/05  10/25/05, 70 FR 61556...........  Approving changes to
                      Emissions.                                                           Paragraphs (c) and
                                                                                           (d) that reference
                                                                                           new Paragraph (g).
                                                                                           Also, approving
                                                                                           Paragraph (g)
                                                                                           excluding the
                                                                                           following language:
                                                                                           ``excluding startups,
                                                                                           shutdowns,
                                                                                           maintenance periods
                                                                                           when fuel is not
                                                                                           being combusted, and
                                                                                           malfunctions approved
                                                                                           as such according to
                                                                                           procedures approved
                                                                                           under Rule .0535 of
                                                                                           this Section.''
Sect .0522.........  Control and              02/01/76  06/03/86, 51 FR 19834...........
                      Prohibition of
                      Odorous Emissions.
Sect .0523.........  Control of Conical       01/01/85  09/09/87, 52 FR 33933...........
                      Incinerators.
Sect .0527.........  Emissions from           11/01/84  12/19/86, 51 FR 45468...........
                      Spodumene Ore
                      Roasting.
Sect .0530.........  Prevention of            11/21/96  10/15/99, 64 FR 55831...........
                      Significant
                      Deterioration.
Sect .0531.........  Sources in               01/15/98  11/10/99, 64 FR 61213...........
                      Nonattainment Areas.
Sect .0532.........  Sources Contributing     07/01/94  02/01/96, 61 FR 3584............
                      to an Ambient
                      Violation.
Sect .0533.........  Stack Height..........   07/01/94  02/01/96, 61 FR 3584............
Sect .0535.........  Excess Emissions         07/01/96  08/01/97, 62 FR 41277...........
                      Reporting and
                      Malfunctions.
Sect .0536.........  Particulate Emissions    08/01/91  02/14/96, 61 FR 5689............
                      from Electric Utility
                      Boilers.
Sect .0540.........  Particulates from        03/20/98  11/10/99, 64 FR 61213...........
                      Fugitive Non-process
                      Dust Emission Sources.

[[Page 447]]

 
Sect .0542.........  Control of Particulate   07/01/02  12/27/02, 67 FR 78980...........
                      Emissions from Cotton
                      Ginning Operations.
----------------------------------------------------------------------------------------------------------------
                              Section .0600 Air Contaminants; Monitoring, Reporting
----------------------------------------------------------------------------------------------------------------
Sect .0601.........  Monitoring:              04/01/99  08/08/02, 67 FR 51461...........
                      Recordkeeping:
                      Reporting.
Sect .0602.........  Definitions...........   04/01/99  08/08/02, 67 FR 51461...........
Sect .0604.........  Exceptions to            04/01/99  08/08/02, 67 FR 51461...........
                      Monitoring and
                      Reporting
                      Requirements.
Sect .0605.........  General Recordkeeping    11/01/06  10/31/07, 72 FR 61531...........
                      and Reporting
                      Requirements.
Sect. 0606.........  Sources Covered by         1/1/05  8/22/08, 73 FR 49613............
                      Appendix P of 40 CFR
                      part 51.
Sect .0607.........  Large Wood and Wood-     04/01/99  08/08/02, 67 FR 51461...........
                      Fossil Fuel
                      Combination Units.
Sect. 0608.........  Other Large Coal or        1/1/05  8/22/08, 73 FR 49613............
                      Residual Oil Burners.
Sect .0609.........  Monitoring Condition     04/12/84  10/04/85, 50 FR 41501...........
                      in Permit.
Sect .0610.........  Federal Monitoring       04/01/99  08/08/02, 67 FR 51461...........
                      Requirements.
Sect .0611.........  Monitoring Emissions     04/01/99  08/08/02, 67 FR 51461...........
                      from Other Sources.
Sect .0612.........  Alternative Monitoring   04/01/99  08/08/02, 67 FR 51461...........
                      and Reporting
                      Procedures.
Sect .0613.........  Quality Assurance        04/01/99  08/08/02, 67 FR 51461...........
                      Program.
Sect .0614.........  Compliance Assurance     04/01/99  08/08/02, 67 FR 51461...........
                      Monitoring.
Sect .0615.........  Delegation............   04/01/99  08/08/02, 67 FR 51461...........
----------------------------------------------------------------------------------------------------------------
                                          Section .0800 Complex Sources
----------------------------------------------------------------------------------------------------------------
Sect .0801.........  Purpose and Scope.....   07/01/94  02/01/96, 61 FR 3584............
Sect .0802.........  Definitions...........   07/01/94  02/01/96, 61 FR 3584............
Sect .0803.........  Highway Projects......   07/01/94  02/01/96, 61 FR 3584............
Sect .0804.........  Airport Facilities....   07/01/96  08/01/97, 62 FR 41277...........
Sect .0805.........  Parking Facilities....   07/01/96  08/01/97, 62 FR 41277...........
Sect .0806.........  Ambient Monitoring and   07/01/94  02/01/96, 61 FR 3584............
                      Modeling Analysis.
----------------------------------------------------------------------------------------------------------------
                                    Section .0900 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Sect .0901.........  Definitions...........   07/01/96  08/01/97, 62 FR 41277...........
Sect .0902.........  Applicability.........   07/01/00  08/27/01, 66 FR 34117...........
Sect .0903.........  Recordkeeping:           04/01/99  08/08/02, 67 FR 51461...........
                      Reporting: Monitoring.
Sect .0905.........  Petition for             11/08/84  12/19/86, 51 FR 45468...........
                      Alternative Controls.
Sect .0906.........  Circumvention.........   11/08/84  12/19/86, 51 FR 45468...........
Sect .0907.........  Compliance Schedules     11/21/96  10/15/99, 64 FR 55831...........  Repealed.
                      for Sources in
                      Nonattainment Areas.
Sect .0908.........  Equipment Modification   11/08/84  12/19/86, 51 FR 45468...........
                      Compliance Schedules.
Sect .0909.........  Compliance Schedules     07/01/00  08/27/01, 66 FR 34117...........
                      for Sources in New
                      Nonattainment Areas.
Sect .0910.........  Alternate Compliance     11/21/96  10/15/99, 64 FR 55831...........  Repealed.
                      Schedules.
Sect .0911.........  Exceptions for           11/21/96  10/15/99, 64 FR 55831...........  Repealed.
                      Compliance Schedules.
Sect .0912.........  General Provisions on    04/01/03  09/17/03, 68 FR 54362...........
                      Test Methods and
                      Procedures.
Sect .0913.........  Determination of         07/01/88  01/16/90, 55 FR 1420............
                      Volatile Content of
                      Surface Coatings.
Sect .0914.........  Determination of VOC     03/20/98  11/10/99, 64 FR 61213...........
                      Emission Control
                      System Efficiency.
Sect .0915.........  Determination of         11/08/84  12/19/86, 51 FR 45468...........
                      Solvent Metal
                      Cleaning VOC
                      Emissions.
Sect .0916.........  Determination of VOC     07/01/88  01/16/90, 55 FR 1420............
                      Emissions from Bulk
                      Gasoline Terminals.
Sect .0917.........  Automobile and Light-    07/01/96  08/01/97, 62 FR 41277...........
                      duty Truck
                      Manufacturing.
Sect .0918.........  Can Coating...........   07/01/96  08/01/97, 62 FR 41277...........
Sect .0919.........  Coil Coating..........   07/01/96  08/01/97, 62 FR 41277...........

[[Page 448]]

 
Sect .0920.........  Paper Coating.........   07/01/96  08/01/97, 62 FR 41277...........
Sect .0921.........  Fabric and Vinyl         07/01/96  08/01/97, 62 FR 41277...........
                      Coating.
Sect .0922.........  Metal Furniture          07/01/96  08/01/97, 62 FR 41277...........
                      Coating.
Sect .0923.........  Surface Coating of       07/01/96  08/01/97, 62 FR 41277...........
                      Large Appliances.
Sect .0924.........  Magnet Wire Coating...   07/01/96  08/01/97, 62 FR 41277...........
Sect .0925.........  Petroleum Liquid         12/01/89  06/23/94, 59 FR 32362...........
                      Storage.
Sect .0926.........  Bulk Gasoline Plants..   07/01/96  08/01/97, 62 FR 41277...........
Sect .0927.........  Bulk Gasoline            11/01/06  10/31/07, 72 FR 61531...........
                      Terminals.
Sect .0928.........  Gasoline Service         07/01/96  08/01/97, 62 FR 41277...........
                      Stations Stage I.
Sect .0930.........  Solvent Metal Cleaning   03/01/91  06/23/94, 59 FR 32362...........
Sect .0931.........  Cutback Asphalt.......   12/01/89  06/23/94, 59 FR 32362...........
Sect .0932.........  Gasoline Truck Tanks     11/01/06  10/31/07, 72 FR 61531...........
                      and Vapor Collections.
Sect .0933.........  Petroleum Liquid         07/01/95  02/01/96, 62 FR 3589............
                      Storage in External
                      Floating Roof Tanks.
Sect .0934.........  Coating of               07/01/96  08/01/97, 62 FR 41277...........
                      Miscellaneous Metal
                      Parts and Products.
Sect .0935.........  Factory Surface          07/01/96  08/01/97, 62 FR 41277...........
                      Coating of Flat Wood
                      Paneling.
Sect .0936.........  Graphic Arts..........   12/01/89  06/23/94, 59 FR 32362...........
Sect .0937.........  Manufacture of           07/01/96  08/01/97, 62 FR 41277...........
                      Pneumatic Rubber
                      Tires.
Sect .0938.........  Perchloroethylene Dry    03/20/98  11/10/99, 64 FR 61213...........  Repealed.
                      Cleaning System.
Sect .0939.........  Determination of         07/01/88  01/16/90, 55 FR 1420............
                      Volatile Organic
                      Compounds Emissions.
Sect .0940.........  Determination of Leak    07/01/88  01/16/90, 55 FR 1420............
                      Tightness and Vapor
                      Leaks.
Sect .0941.........  Alternative Method for   03/01/91  06/23/94, 59 FR 32362...........
                      Leak Tightness.
Sect .0942.........  Determination of         07/23/80  08/27/81, 46 FR 43137...........
                      Solvent in Filter
                      Waste.
Sect .0943.........  Synthetic Organic        03/01/91  06/23/94, 59 FR 32362...........
                      Chemical and Polymer
                      Manufacturing.
Sect .0944.........  Manufacture of           03/14/85  11/19/86, 51 FR 41786...........
                      Polyethylene,
                      Polypropylene, and
                      Polystyrene.
Sect .0945.........  Petroleum Dry Cleaning   03/14/85  11/19/86, 51 FR 41786...........
Sect .0947.........  Manufacture of           07/01/94  05/05/95, 60 FR 22284...........
                      Synthesized
                      Pharmaceutical
                      Products.
Sect .0948.........  VOC Emissions from       07/01/00  08/27/01, 66 FR 34117...........
                      Transfer Operations.
Sect .0949.........  Storage of               07/01/00  08/27/01, 66 FR 34117...........
                      Miscellaneous
                      Volatile Organic
                      Compounds.
Sect .0951.........  Miscellaneous Volatile   07/01/00  08/27/01, 66 FR 34117...........
                      Organic Compound
                      Emissions.
Sect .0952.........  Petition for             05/01/95  02/01/96, 62 FR 3589............
                      Alternative Controls
                      for RACT.
Sect .0953.........  Vapor Return Piping      03/20/98  11/10/99, 64 FR 61213...........
                      for Stage II Vapor
                      Recovery.
Sect .0954.........  Stage II Vapor           04/01/03  09/17/03, 68 FR 54362...........
                      Recovery.
Sect .0955.........  Thread Bonding           04/01/95  02/01/96, 62 FR 3589............
                      Manufacturing.
Sect .0956.........  Glass Christmas          04/01/95  02/01/96, 62 FR 3589............
                      Ornament
                      Manufacturing.
Sect .0957.........  Commercial Bakeries...   04/01/95  02/01/96, 62 FR 3589............
Sect .0958.........  Work Practices for       07/01/00  08/27/01, 66 FR 34117...........
                      Sources of Volatile
                      Organic Compounds.
Sect .0959.........  Reserved..............
----------------------------------------------------------------------------------------------------------------
                             Section .1000 Motor Vehicle Emissions Control Standards
----------------------------------------------------------------------------------------------------------------
Sect .1001.........  Purpose...............   07/01/02  10/30/02, 67 FR 66056...........
Sect .1002.........  Applicability.........   07/01/02  10/30/02, 67 FR 66056...........
Sect .1003.........  Definitions...........   12/01/82  06/02/95, 60 FR 28726...........
Sect .1004.........  Emissions Standards...   07/01/02  10/30/02, 67 FR 66056...........
Sect .1005.........  Measurement and          07/01/02  10/30/02, 67 FR 66056...........
                      Enforcement.
----------------------------------------------------------------------------------------------------------------
                                   Section .1300 Oxygenated Gasoline Standard
----------------------------------------------------------------------------------------------------------------
Sect .1301.........  Purpose...............   09/01/96  06/19/07, 72 FR 33692...........
Sect .1302.........  Applicability.........   09/01/96  06/19/07, 72 FR 33692...........

[[Page 449]]

 
Sect .1303.........  Definitions...........   09/01/92  06/30/94, 59 FR 33683...........
Sect .1304.........  Oxygen Content           09/01/96  06/19/07, 72 FR 33692...........
                      Standard.
Sect .1305.........  Measurement and          09/01/92  06/30/94, 59 FR 33683...........
                      Enforcement.
----------------------------------------------------------------------------------------------------------------
                                     Section .1400 Nitrogen Oxides Emissions
----------------------------------------------------------------------------------------------------------------
Sect .1401.........  Definitions...........   07/15/02  12/27/02, 67 FR 78987...........
Sect .1402.........  Applicability.........   07/15/02  12/27/02, 67 FR 78987...........
Sect .1403.........  Compliance Schedules..   07/15/02  12/27/02, 67 FR 78987...........
Sect .1404.........  Recordkeeping:           07/15/02  12/27/02, 67 FR 78987...........
                      Reporting: Monitoring.
Sect .1409.........  Stationary Internal      07/15/02  12/27/02, 67 FR 78987...........
                      Combustion Engines.
Sect .1416.........  Emission Allocations     07/15/02  12/27/02, 67 FR 78987...........
                      for Utility Companies.
Sect .1417.........  Emission Allocations     07/15/02  12/27/02, 67 FR 78987...........
                      for Large Combustion
                      Sources.
Sect .1418.........  New Electric             07/15/02  12/27/02, 67 FR 78987...........
                      Generating Units,
                      Large Boilers, and
                      Large I/C Engines.
Sect .1419.........  Nitrogen Oxide Budget    07/15/02  12/27/02, 67 FR 78987...........
                      Trading Program.
Sect .1420.........  Periodic Review and      07/15/02  12/27/02, 67 FR 78987...........
                      Reallocations.
Sect .1421.........  Allocations for New      07/15/02  12/27/02, 67 FR 78987...........
                      Growth of Major Point
                      Sources.
Sect .1422.........  Compliance Supplement    07/15/02  12/27/02, 67 FR 78987...........
                      Pool and Early
                      Emission Reduction
                      Credits.
Sect .1423.........  Large Internal           07/15/02  12/27/02, 67 FR 78987...........
                      Combustion Engines.
----------------------------------------------------------------------------------------------------------------
                                           Section .1900 Open Burning
----------------------------------------------------------------------------------------------------------------
Sect .1901.........  Purpose, Scope, and      07/01/96  08/01/97, 62 FR 41277...........
                      Impermissible Open
                      Burning.
Sect .1902.........  Definitions...........   01/15/98  11/10/99, 64 FR 61213...........
Sect .1903.........  Permissible Open         01/15/98  11/10/99, 64 FR 61213...........
                      Burning Without a
                      Permit.
Sect .1904.........  Air Curtain Burners...   07/01/96  08/01/97, 62 FR 41277...........
----------------------------------------------------------------------------------------------------------------
                                     Section .2000 Transportation Conformity
----------------------------------------------------------------------------------------------------------------
Sect .2001.........  Purpose, Scope and       04/01/99  12/27/02, 67 FR 78983...........
                      Applicability.
Sect .2002.........  Definitions...........   04/01/99  12/27/02, 67 FR 78983...........
Sect .2003.........  Transportation           04/01/99  12/27/02, 67 FR 78983...........  Except for the
                      Conformity                                                           incorporation by
                      Determination.                                                       reference of 40 CFR
                                                                                           93.104(e) of the
                                                                                           Transportation
                                                                                           Conformity Rule.
Sect .2004.........  Determining              04/01/99  12/27/02, 67 FR 78983...........
                      Transportation
                      Related Emissions.
Sect .2005.........  Memorandum of            04/01/99  12/27/02, 67 FR 78983...........
                      Agreement.
----------------------------------------------------------------------------------------------------------------
                                    Section .2400 Clean Air Interstate Rules
----------------------------------------------------------------------------------------------------------------
Section .2403(a)...  Nitrogen Oxide          .........  10/05/07, 72 FR 56920...........
                      Emissions.
Section .2405(a)...  Nitrogen Oxide          .........  10/05/07, 72 FR 56920...........
                      Emissions During
                      Ozone Season.
Section .2412......  New Unit Growth.......  .........  10/05/07, 72 FR 56920...........
                                        Subchapter 2Q Air Quality Permits
----------------------------------------------------------------------------------------------------------------
                                        Section .0100 General Provisions
----------------------------------------------------------------------------------------------------------------
Sect .0101.........  Required Air Quality     03/20/98  11/10/99, 64 FR 61213...........
                      Permits.
Sect. 0102.........  Activities Exempted        1/1/05  8/22/08, 73 FR 49613............
                      from Permit
                      Requirements.
Sect .0103.........  Definitions...........   05/01/99  10/22/02, 67 FR 64989...........
Sect .0104.........  Where to Obtain and      07/01/02  12/27/02, 67 FR 78980...........
                      File Permit
                      Applications.

[[Page 450]]

 
Sect .0105.........  Copies of Referenced     08/15/94  02/01/96, 61 FR 3584............
                      Documents.
Sect .0106.........  Incorporation by         08/15/94  02/01/96, 61 FR 3584............
                      Reference.
Sect .0107.........  Confidential             05/01/99  10/22/02, 67 FR 64989...........
                      Information.
Sect .0108.........  Delegation of            03/15/98  11/10/99, 64 FR 61213...........
                      Authority.
Sect .0109.........  Compliance Schedule      04/01/01  08/08/02, 67 FR 51461...........
                      for Previously
                      Exempted Activities.
Sect .0110.........  Retention of Permit at   08/15/94  02/01/96, 61 FR 3584............
                      Permitted Facility.
Sect .0111.........  Applicability            08/15/94  02/01/96, 61 FR 3584............
                      Determinations.
----------------------------------------------------------------------------------------------------------------
                                            Section .0200 Permit Fees
----------------------------------------------------------------------------------------------------------------
Sect .0207.........  Annual Emissions         01/15/98  11/10/99, 64 FR 61213...........
                      Reporting.
----------------------------------------------------------------------------------------------------------------
                                Section .0300 Construction and Operating Permits
----------------------------------------------------------------------------------------------------------------
Sect .0301.........  Applicability.........   07/01/94  07/28/95, 60 FR 38710...........
Sect .0303.........  Definitions...........   07/01/94  07/28/95, 60 FR 38710...........
Sect .0304.........  Applications..........   07/01/99  10/22/02, 67 FR 64989...........
Sect .0305.........  Application Submittal    07/01/94  07/28/95, 60 FR 38710...........
                      Content.
Sect .0306.........  Permits Requiring        07/01/99  10/22/02, 67 FR 64989...........
                      Public Participation.
Sect .0307.........  Public Participation     01/15/98  11/10/99, 64 FR 61213...........
                      Procedures.
Sect .0308.........  Final Action on Permit   07/01/94  07/28/95, 60 FR 38710...........
                      Applications.
Sect .0309.........  Termination,             07/01/99  10/22/02, 67 FR 64989...........
                      Modification and
                      Revocation of Permits.
Sect .0310.........  Permitting of Numerous   07/01/94  07/28/95, 60 FR 38710...........
                      Similar Facilities.
Sect .0311.........  Permitting of            07/01/96  08/01/97, 62 FR 41277...........
                      Facilities at
                      Multiple Temporary
                      Sites.
Sect .0312.........  Application Processing   03/20/98  11/10/99, 64 FR 61213...........
                      Schedule.
Sect .0313.........  Expedited Application    04/17/97  11/10/99, 64 FR 61213...........
                      Processing Schedule.
Sect .0314.........  General Permitting       07/01/99  10/22/02, 67 FR 64989...........
                      Requirements.
Sect .0315.........  Synthetic Minor          07/01/99  10/22/02, 67 FR 64989...........
                      Facilities.
Sect .0316.........  Administrative Permit    04/01/01  08/08/02, 67 FR 51461...........
                      Amendments.
Sect .0317.........  Avoidance Conditions..   04/01/01  08/08/02, 67 FR 51461...........
----------------------------------------------------------------------------------------------------------------
                                Section .0600 Transportation Facility Procedures
----------------------------------------------------------------------------------------------------------------
Sect .0601.........  Purpose of Section and   07/01/94  02/01/96, 61 FR 3584............
                      Requirements for
                      Permit.
Sect .0602.........  Definitions...........   07/01/94  02/01/96, 61 FR 3584............
Sect .0603.........  Applications..........   07/28/97  12/31/98, 63 FR 72193...........
Sect .0604.........  Public Participation..   07/01/94  02/01/96, 61 FR 3584............
Sect .0605.........  Final Action on Permit   07/01/94  02/01/96, 61 FR 3584............
                      Applications.
Sect .0606.........  Termination,             07/01/94  02/01/96, 61 FR 3584............
                      Modification and
                      Revocation of Permits.
Sect .0607.........  Application Processing   04/17/97  11/10/99, 64 FR 61213...........
                      Schedule.
----------------------------------------------------------------------------------------------------------------
                                        Section .0800 Exclusionary Rules
----------------------------------------------------------------------------------------------------------------
Sect .0801.........  Purpose and Scope.....   05/01/99  10/22/02, 67 FR 64989...........
Sect .0802.........  Gasoline Servicing       08/01/95  09/20/96, 61 FR 49413...........
                      Stations and
                      Dispensing Facilities.
Sect .0803.........  Coating, Solvent         05/01/99  10/22/02, 67 FR 64989...........
                      Cleaning, Graphic
                      Arts Operations.
Sect .0804.........  Dry Cleaning             08/01/95  09/20/96, 61 FR 49414...........
                      Facilities.
Sect .0805.........  Grain Elevators.......   04/01/01  08/08/02, 67 FR 51461...........
Sect .0806.........  Cotton Gins...........   04/01/02  08/08/02, 67 FR 51461...........
Sect .0807.........  Emergency Generators..   04/01/02  08/08/02, 67 FR 51461...........
Sect .0808.........  Peak Shaving             07/01/99  10/22/02, 67 FR 64989...........
                      Generators.
----------------------------------------------------------------------------------------------------------------


[[Page 451]]


                                Table 2--EPA Approved Forsyth County Regulations
----------------------------------------------------------------------------------------------------------------
                                               State
   State citation         Title/subject      effective          EPA approval date                Comments
                                                date
----------------------------------------------------------------------------------------------------------------
                                Subchapter 3A Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
                                            Section .0100 In General
----------------------------------------------------------------------------------------------------------------
Sect. .0101........  Department Established   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0102........  Enforcement of Chapter   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0103........  General Powers and       06/14/90  05/02/91, 56 FR 20140...........
                      Duties of Director.
Sect. .0104........  Authority of Director    06/14/90  05/02/91, 56 FR 20140...........
                      to Establish
                      Administrative
                      Procedures.
Sect. .0105........  Fees for Inspections,    06/14/90  05/02/91, 56 FR 20140...........
                      Permits, and
                      Certificates Required
                      by Chapter.
Sect. .0106........  Penalties for            01/17/97  02/17/00, 65 FR 8053............
                      Violation of Chapter.
Sect. .0107........  Civil Relief for         06/14/90  05/02/91, 56 FR 20140...........
                      Violations of Chapter.
Sect. .0108........  Chapter Does Not         06/14/90  05/02/91, 56 FR 20140...........
                      Prohibit Private
                      Actions For Relief.
Sect. .0109........  Judicial Review of       06/14/90  05/02/91, 56 FR 20140...........
                      Administrative
                      Decisions Rendered
                      Under Chapter.
Sect. .0111........  Copies of Referenced     06/14/90  05/02/91, 56 FR 20140...........
                      Federal Regulations.
----------------------------------------------------------------------------------------------------------------
                                          Section .0200 Advisory Board
----------------------------------------------------------------------------------------------------------------
Sect. .0201........  Established;             06/14/90  05/02/91, 56 FR 20140...........
                      Composition; Terms of
                      Members.
Sect. .0202........  Secretary.............   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0203........  Meetings..............   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0204........  To Serve in Advisory     06/14/90  05/02/91, 56 FR 20140...........
                      Capacity; General
                      Functions.
Sect. .0205........  Appeals to and Other     06/14/90  05/02/91, 56 FR 20140...........
                      Appearances Before
                      Board.
Sect. .0206........  Opinions Not Binding..   06/14/90  05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------
                       Section .0300 Remedies for Enforcement of Standards--Special Orders
----------------------------------------------------------------------------------------------------------------
Sect. .0301........  Applicability.........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0302........  Issuance..............   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0303........  Definitions...........   06/14/90  05/02/91, 56 FR 20140...........
Sect. 0304.........  Categories of Sources.   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0305........  Enforcement Procedures   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0306........  Required Procedures      06/14/90  05/02/91, 56 FR 20140...........
                      for Issuance of
                      Special Orders by
                      Consent and Special
                      Orders.
Sect. .0307........  Documentation for        06/14/90  05/02/91, 56 FR 20140...........
                      Special Orders.
Sect. .0308........  Public Hearing........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0309........  Compliance Bonds......   06/14/90  05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------
                             Section .0400 Forsyth County Air Quality Technical Code
----------------------------------------------------------------------------------------------------------------
Sect. .0401........  Adopted...............   06/14/90  05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------
                                    Subchapter 3B Relationship to State Code
----------------------------------------------------------------------------------------------------------------
Sect. .0101........  In General............   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0102........  Air Pollution Control    06/14/90  05/02/91, 56 FR 20140...........
                      Requirements
                      (Subchapter 3D).
Sect. .0103........  Air Quality Permits      06/14/90  05/02/91, 56 FR 20140...........
                      (Subchapter 3Q).
----------------------------------------------------------------------------------------------------------------
                                Subchapter 3D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
                                    Section .0100 Definitions and References
----------------------------------------------------------------------------------------------------------------
Sect. .0101........  Definitions...........    11/6/98  02/17/00, 65 FR 8093............
Sect. .0103........  Copies Referenced        06/14/90  05/02/91, 56 FR 20140...........
                      Federal Regulations.

[[Page 452]]

 
Sect. .0104........  Incorporation by         05/24/99  10/22/02, 67 FR 64994...........
                      Reference.
----------------------------------------------------------------------------------------------------------------
                                       Section .0200 Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
Sect. .0201........  Classification of Air    06/14/90  05/02/91, 56 FR 20140...........
                      Pollution Sources.
Sect. .0202........  Registration of Air      06/14/90  05/02/91, 56 FR 20140...........
                      Pollution Sources.
----------------------------------------------------------------------------------------------------------------
                                     Section .0300 Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
Sect. .0301........  Purpose...............   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0302........  Episode Criteria......   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0303........  Emission Reduction       06/14/90  05/02/91, 56 FR 20140...........
                      Plans.
Sect. .0304........  Preplanned Abatement     06/14/90  05/02/91, 56 FR 20140...........
                      Program.
Sect. .0305........  Emission Reduction       06/14/90  05/02/91, 56 FR 20140...........
                      Plan: Alert Level.
Sect. .0306........  Emission Reduction       06/14/90  05/02/91, 56 FR 20140...........
                      Plan: Warning Level.
Sect. .0307........  Emission Reduction       06/14/90  05/02/91, 56 FR 20140...........
                      Plan: Emergency Level.
----------------------------------------------------------------------------------------------------------------
                                   Section .0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Sect. .0401........  Purpose...............   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0402........  Sulfur Oxides.........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0403........  Total Suspended          06/14/90  05/02/91, 56 FR 20140...........
                      Particulates.
Sect. .0404........  Carbon Monoxide.......   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0405........  Ozone.................   05/24/99  10/22/02, 67 FR 64994...........
Sect. .0407........  Nitrogen Dioxide......   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0408........  Lead..................   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0409........  PM 10 Particulate        06/14/90  05/02/91, 56 FR 20140...........
                      Matter.
Sect. .0410........  PM 2.5 Particulate       05/24/99  10/22/02, 67 FR 64994...........
                      Matter.
----------------------------------------------------------------------------------------------------------------
                                    Section .0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
Sect. .0501........  Compliance With          05/24/99  10/22/02, 67 FR 64994...........
                      Emission Control
                      Standards.
Sect. .0502........  Purpose...............   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0503........  Particulates From Fuel   05/24/99  10/22/02, 67 FR 64994...........
                      Burning Indirect Heat
                      Exchangers.
Sect. .0504........  Particulates from Wood   07/22/02  9/16/03, 68 FR 54166............  Repealed.
                      Burning Indirect Heat
                      Exchangers.
Sect. .0506........  Particulates from Hot     11/6/98  02/17/00, 65 FR 8053............
                      Mix Asphalt Plants.
Sect. .0507........  Particulates from         11/6/98  02/17/00, 65 FR 20140...........
                      Chemical Fertilizer
                      Manufacturing Plants.
Sect. .0508........  Particulates from Pulp    11/6/98  2/17/00, 65 FR 8053.............
                      and Paper Mills.
Sect. .0509........  Particulates from MICA    11/6/98  2/17/00, 65 FR 8053.............
                      or FELDSPAR
                      Processing Plants.
Sect. .0510........  Particulates from         11/6/98  2/17/00, 65 FR 8053.............
                      Sand, Gravel, or
                      Crushed Stone
                      Operations.
Sect. .0511........  Particulates from         11/6/98  2/17/00, 65 FR 8053.............
                      Lightweight Aggregate
                      Processes.
Sect. .0512........  Particulates from Wood    11/6/98  2/17/00, 65 FR 8053.............
                      Products Finishing
                      Plants.
Sect. .0513........  Particulates From        06/14/90  05/02/91, 56 FR 20140...........
                      Portland Cement
                      Plants.
Sect. .0514........  Particulates From        06/14/90  05/02/91, 56 FR 20140...........
                      Ferrous Jobbing
                      Foundries.
Sect. .0515........  Particulates from         11/6/98  2/17/00, 65 FR 8053.............
                      Miscellaneous
                      Industrial Processes.
Sect. .0516........  Sulfur Dioxide            11/6/98  2/17/00, 65 FR 8053.............
                      Emissions from
                      Combustion Sources.
Sect. .0517........  Emissions from Plants     11/6/98  2/17/00, 65 FR 8053.............
                      Producing Sulfuric
                      Acid.
Sect. .0519........  Control of Nitrogen      06/14/90  05/02/91, 56 FR 20140...........
                      Dioxide and Nitrogen
                      Oxides Emissions.
Sect. .0521........  Control of Visible        11/6/98  2/17/00, 65 FR 8053.............
                      Emissions.

[[Page 453]]

 
Sect. .0522........  Control and              06/14/90  05/02/91, 56 FR 20140...........
                      Prohibition of
                      Odorous Emissions.
Sect. .0524........  New Source Performance   06/14/90  05/02/91, 56 FR 20140...........
                      Standards.
Sect. .0527........  Emissions from           06/14/90  05/02/91, 56 FR 20140...........
                      Spodumene Ore
                      Roasting.
Sect .0528.........  Total Reduced Sulfur     06/14/90  05/02/91, 56 FR 20140...........
                      from Kraft Pulp Mills.
Sect .0529.........  Flouride Emissions       06/14/90  05/02/91, 56 FR 20140...........
                      from Primary
                      Aluminum24 Reduction
                      Plants.
Sect. .0530........  Prevention of            10/10/97  12/31/98 63 FR 72190............
                      Significant
                      Deterioration.
Sect. .0531........  Sources in                11/6/98  2/17/00 65 FR 8053..............
                      Nonattainment Areas.
Sect. .0532........  Sources Contributing     06/14/90  05/02/91, 56 FR 20140...........
                      to an Ambient
                      Violation.
Sect. .0533........  Stack Heights.........     06/14/  05/02/91, 56 FR 20140...........
                                                  1990
Sect. .0534........  Flouride Emissions       06/14/90  05/02/91, 56 FR 20140...........
                      From Phosphate
                      Fertilizer Industry.
Sect. .0535........  Excess Emissions          11/6/98  2/17/00 65 FR 8053..............
                      Reporting and
                      Malfunctions.
Sect. .0536........  Particulate Emissions    06/14/90  05/02/91, 56 FR 20140...........
                      From Electric Utility
                      Boilers.
Sect. .0537........  Control of Mercury       06/14/90  05/02/91, 56 FR 20140...........
                      Emissions.
Sect. .0538........  Control of Ethylene      06/14/90  05/02/91, 56 FR 20140...........
                      Oxide Emissions.
Sect. .0539........  Odor Control of Feed     06/14/90  05/02/91, 56 FR 20140...........
                      Ingredient
                      Manufacturing Plants.
Sect. .0540........  Particulates from        06/14/90  05/02/91, 56 FR 20140...........
                      Fugitive Non-Process
                      Dust Emission Sources.
Sect. .0541........  Control of Emissions     06/14/90  05/02/91, 56 FR 20140...........
                      from Abrasive
                      Blasting.
Sect. .0542........  Control of Particulate   06/14/90  05/02/91, 56 FR 20140...........
                      Emissions from Cotton
                      Ginning Operations.
Sect. .0542........  Control of Particulate    7/22/02  9/16/03, 68 FR 54166............  Repealed.
                      Emissions from Cotton
                      Ginning Operations.
----------------------------------------------------------------------------------------------------------------
                               Section .0600 Monitoring: Recordkeeping: Reporting
----------------------------------------------------------------------------------------------------------------
Sect. .0601........  Purpose and Scope.....   05/24/99  10/22/02, 67 FR 64994...........
Sect. .0602........  Definitions...........   05/24/99  10/22/02, 67 FR 64994...........
Sect. .0604........  Exceptions to            05/24/99  10/22/02, 67 FR 64994...........
                      Monitoring and
                      Reporting
                      Requirements.
Sect. .0605........  General Recordkeeping    05/24/99  10/22/02, 67 FR 64994...........
                      and Reporting
                      Requirements.
Sect. .0606........  Sources Covered By       05/24/99  10/22/02, 67 FR 64994...........
                      Appendix P of 40 CFR
                      Part 51.
Sect. .0607........  Large Wood and Wood-     05/24/99  10/22/02, 67 FR 64994...........
                      fossil Fuel
                      Combination Units.
Sect. .0611........  Monitoring Emissions     05/24/99  10/22/02, 67 FR 64994...........
                      From Other Sources.
Sect. .0612........  Alternative Monitoring   05/24/99  10/22/02, 67 FR 64994...........
                      and Reporting
                      Procedures.
Sect. .0613........  Quality Assurance        05/24/99  10/22/02, 67 FR 64994...........
                      Program.
Sect. .0614........  Compliance Assurance     05/24/99  10/22/02, 67 FR 64994...........
                      Monitoring.
Sect. .0615........  Delegation............   06/14/90  05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------
                                     Section .0800 Transportation Facilities
----------------------------------------------------------------------------------------------------------------
Sect. .0801........  Purpose and Scope.....   06/14/90  05/02/91 56 FR 20140............
Sect. .0802........  Definitions...........   06/14/00  05/02/91, 56 FR 20140...........
Sect. .0803........  Highway Projects......   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0804........  Airport Facilities....   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0805........  Parking Facilities....   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0806........  Ambient Monitoring and   06/14/90  05/02/91, 56 FR 20140...........
                      Modeling Analysis.
----------------------------------------------------------------------------------------------------------------

[[Page 454]]

 
                                    Section .0900 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Sect. .0901........  Definitions...........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0902........  Applicability.........   10/10/97  12/31/98, 63 FR 72190...........
Sect. .0903........  Recordkeeping:           05/24/99  10/22/02, 67 FR 64994...........
                      Reporting: Monitoring.
Sect. .0906........  Circumvention.........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0909........  Compliance Schedules      11/6/98  2/17/00, 65 FR 8053.............
                      for Sources in New
                      Nonattainment Areas.
Sect. .0912........  General Provisions on    06/14/90  05/02/91, 56 FR 20140...........
                      Test Methods and
                      Procedures.
Sect. .0913........  Determination of         06/14/90  05/02/91, 56 FR 20140...........
                      Volatile Content of
                      Surface Coatings.
Sect. .0914........  Determination of VC       11/6/98  2/17/00, 65 FR 8053.............
                      Emission Control
                      System Efficiency.
Sect. .0915........  Determination of         06/14/90  05/02/91, 56 FR 20140...........
                      Solvent Metal
                      Cleaning VOC
                      Emissions.
Sect. .0916........  Determination: VOC       06/14/90  05/02/91, 56 FR 20140...........
                      Emissions from Bulk
                      Gasoline Terminals.
Sect. .0917........  Automobile and Light-    06/14/90  05/02/91, 56 FR 20140...........
                      Duty Truck
                      Manufacturing.
Sect. .0918........  Can Coating...........     06/14/  05/02/91, 56 FR 20140...........
                                                  1990
Sect. .0919........  Coil Coating..........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0920........  Paper Coating.........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0921........  Fabric and Vinyl         06/14/90  05/02/91, 56 FR 20140...........
                      Coating.
Sect. .0922........  Metal Furniture          06/14/90  05/02/91, 56 FR 20140...........
                      Coating.
Sect. .0923........  Surface Coating of       06/14/90  05/02/91, 56 FR 20140...........
                      Large Appliances.
Sect. .0924........  Magnet Wire Coating...   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0925........  Petroleum Liquid         06/14/90  05/02/91, 56 FR 20140...........
                      Storage in Fixed Roof
                      Tanks.
Sect. .0926........  Bulk Gasoline Plants..   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0927........  Bulk Gasoline             7/22/02  9/16/03, 68 FR 54166............
                      Terminals.
Sect. .0928........  Gasoline Service         06/14/90  05/02/91, 56 FR 20140...........
                      Stations Stage I.
Sect. .0930........  Solvent Metal Cleaning   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0931........  Cutback Asphalt.......   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0932........  Gasoline Truck Tanks      7/22/02  9/16/03, 68 FR 54166............
                      and Vapor Collection
                      Systems.
Sect. .0933........  Petroleum Liquid         06/14/90  05/02/91, 56 FR 20140...........
                      Storage in External
                      Floating Roof Tanks.
Sect. .0934........  Coating of               06/14/90  05/02/91, 56 FR 20140...........
                      Miscellaneous Metal
                      Parts and Products.
Sect. .0935........  Factory Surface          06/14/90  05/02/91, 56 FR 20140...........
                      Coating of Flat Wood
                      Paneling.
Sect. .0936........  Graphic Arts..........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0937........  Manufacture of           06/14/90  05/02/91, 56 FR 20140...........
                      Pneumatic Rubber
                      Tires.
Sect. .0939........  Determination of         06/14/90  05/02/91, 56 FR 20140...........
                      Volatile Organic
                      Compound Emissions.
Sect. .0940........  Determination of Leak    06/14/90  05/02/91, 56 FR 20140...........
                      Tightness and Vapor
                      Leaks.
Sect. .0941........  Alternative Method for   06/14/90  05/02/91, 56 FR 20140...........
                      Leak Tightness.
Sect. .0942........  Determination of         06/14/90  05/02/91, 56 FR 20140...........
                      Solvent in Filter
                      Waste.
Sect. .0943........  Synthetic Organic        06/14/90  05/02/91, 56 FR 20140...........
                      Chemical and Polymer
                      Manufacturing.
Sect. .0944........  Manufacture of           06/14/90  05/02/91, 56 FR 20140...........
                      Polyethelene,
                      Polypropylene and
                      Polystyrene.
Sect. .0945........  Petroleum Dry Cleaning   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0947........  Manufacture of           06/14/90  05/02/91, 56 FR 20140...........
                      Sythesized
                      Pharmaceutical
                      Products.
Sect. .0948........  VOC Emissions from       06/14/90  05/02/91, 56 FR 20140...........
                      Transfer Operations.
Sect. .0949........  Storage of               06/14/90  05/02/91, 56 FR 20140...........
                      Miscellaneous
                      Volatile Organic
                      Compounds.
Sect. .0951........  Miscellaneous Volatile   06/14/90  05/02/91, 56 FR 20140...........
                      Organic Compound
                      Emissions.

[[Page 455]]

 
Sect. .0952........  Petition for             11/29/95  5/23/96, 61 FR 25789............
                      Alternative Controls.
Sect. .0953........  Vapor Return Piping       11/6/98  2/17/00, 65 FR 8053.............
                      for Stage II Vapor
                      Recovery.
Sect. .0954........  Stage II Vapor           10/10/97  12/31/98, 63 FR 72190...........
                      Recovery.
Sect. .0955........  Thread Bonding           11/29/95  5/23/96, 61 FR 25789............
                      Manufacturing.
Sect. .0956........  Glass Christmas          11/29/95  5/23/96, 61 FR 25789............
                      Ornament
                      Manufacturing.
Sect. .0957........  Commercial Bakeries...   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0958........  Work Practices for       06/14/90  05/02/91, 56 FR 20140...........
                      Sources of Volatile
                      Organic Compounds.
----------------------------------------------------------------------------------------------------------------
                           Section .1200 Control of Emissions from Incinerators 111(a)
----------------------------------------------------------------------------------------------------------------
Sect. .1201........  Purpose and Scope.....   06/14/90  05/02/91, 56 FR 20140...........
Sect. .1202........  Definitions...........   06/14/90  05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------
                                           Section .1900 Open Burning
----------------------------------------------------------------------------------------------------------------
Sect. .1901........  Purpose, Scope, and      07/01/96  08/01/97, 62 FR 41277...........
                      Impermissible Open
                      Burning.
Sect. .1902........  Definitions...........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .1903........  Permissible Open         10/25/99  08/08/02, 67 FR 51763...........
                      Burning.
Sect. .1904........  Air Curtain Burners...   06/14/90  05/02/91, 56 FR 20140...........
Sect. .1905........  Office Location.......   06/14/90  05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------
                                        Subchapter 3Q Air Quality Permits
----------------------------------------------------------------------------------------------------------------
                                        Section .0100 General Provisions
----------------------------------------------------------------------------------------------------------------
Sect. .0101........  Required Air Quality      11/6/98  2/17/00, 65 FR 8053.............
                      Permits.
Sect. .0102........  Activities Exempted       7/22/02  9/16/03, 68 FR 54166............
                      From Permit
                      Requirements.
Sect. .0103........  Definitions...........   05/24/99  10/22/02, 67 FR 64994...........
Sect. .0104........  Where to Obtain and      10/10/97  12/31/98, 63 FR 72190...........
                      File Permit
                      Applications.
Sect. .0107........  Confidential             05/24/99  10/22/02, 67 FR 64994...........
                      Information.
----------------------------------------------------------------------------------------------------------------
                                            Section .0200 Permit Fees
----------------------------------------------------------------------------------------------------------------
Sect. .0207........  Annual Emissions          11/6/98  2/17/00, 65 FR 8053.............
                      Reporting.
----------------------------------------------------------------------------------------------------------------
                                 Section .0300 Construction and Operation Permit
----------------------------------------------------------------------------------------------------------------
Sect. .0301........  Applicability.........    11/6/98  2/17/00, 65 FR 8053.............
Sect. .0302........  Facilities Not Likely     11/6/98  2/17/00, 65 FR 8053.............
                      to Contravene
                      Demonstration.
Sect. .0303........  Definitions...........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0304........  Applications..........   07/01/99  10/22/02, 67 FR 64994...........
Sect. .0305........  Application Submittal    06/14/90  05/02/91, 56 FR 20140...........
                      Content.
Sect. .0306........  Permits Requiring        07/01/99  10/22/02, 67 FR 64994...........
                      Public Participation.
Sect. .0307........  Public Participation     10/10/97  12/31/98, 63 FR 72190...........
                      Procedures.
Sect. .0308........  Final Action on Permit   03/14/95  02/01/96, 61 FR 3586............
                      Applications.
Sect. .0309........  Termination,             07/01/99  10/22/02, 67 FR 64994...........
                      Modification and
                      Revocation of Permits.
Sect. .0310........  Permitting of Numerous   06/14/90  05/02/91,56 FR 20140............
                      Similar Facilities.
Sect. .0311........  Permitting of            06/14/90  05/02/91, 56 FR 20140...........
                      Facilities at
                      Multiple Temporary
                      Site.
Sect. .0312........  Application Processing    11/6/98  2/17/00, 65 FR 8053.............
                      Schedule.
Sect. .0314........  General Permit           05/24/99  10/22/02, 67 FR 64994...........
                      Requirements.
Sect. .0315........  Synthetic Minor          07/01/99  10/22/02, 67 FR 64994...........
                      Facilities.
----------------------------------------------------------------------------------------------------------------
                                        Section .0800 Exclusionary Rules
----------------------------------------------------------------------------------------------------------------
Sect. .0801........  Purpose and Scope.....   05/24/99  10/22/02, 67 FR 64994...........
Sect. .0802........  Gasoline Service         06/14/90  05/02/91, 56 FR 20140...........
                      Stations and
                      Dispensing Facilities.
Sect. .0803........  Coating, Solvent         05/24/99  12/31/98, 63 FR 72193...........
                      Cleaning, Graphic
                      Arts Operations.

[[Page 456]]

 
Sect. .0804........  Dry Cleaning             06/14/90  05/02/91, 56 FR 20140...........
                      Facilities.
Sect. .0805........  Grain Elevators.......    11/6/98  02/17/00, 65 FR 8093............
Sect. .0806........  Cotton Gins...........    11/6/98  02/17/00, 65 FR 8093............
Sect. .0807........  Emergency Generators..    11/6/98  02/17/00, 65 FR 8093............
Sect. .0808........  Peak Shaving             07/01/99  10/22/02, 67 FR 64990...........
                      Generators.
----------------------------------------------------------------------------------------------------------------


                              Table 3--EPA Approved Mecklenburg County Regulations
----------------------------------------------------------------------------------------------------------------
                                                               State
         State citation                 Title/subject        effective    EPA approval date        Comments
                                                                date
----------------------------------------------------------------------------------------------------------------
  Article 1.000 Permitting Provisions for Air Pollution Sources, Rules and Operating Regulations for Acid Rain
                                    Sources, Title V and Toxic Air Pollutants
----------------------------------------------------------------------------------------------------------------
                              Section 1.5100 General Provisions and Administrations
----------------------------------------------------------------------------------------------------------------
1.5101..........................  Declaration of Policy...   06/14/1990  05/02/91, 56 FR
                                                                          20140.
1.5102..........................  Definition of Terms.....   11/21/2000  10/22/02, 67 FR
                                                                          64999.
1.5103..........................  Enforcement Agency......   06/14/1990  05/02/91, 56 FR
                                                                          20140.
1.5104..........................  General Duties and         06/14/1990  05/02/91, 56 FR
                                   Powers of the Director,                20140.
                                   With the Approval of
                                   the Board.
1.5111..........................  General Recordkeeping,       07/01/96  06/30/03, 68 FR
                                   Reporting and                          38632.
                                   Monitoring Requirements.
----------------------------------------------------------------------------------------------------------------
                                       Section 1.5200 Air Quality Permits
----------------------------------------------------------------------------------------------------------------
1.5210..........................  Purpose and Scope.......   06/14/1990  05/02/91, 56 FR
                                                                          20140.
1.5211..........................  Applicability...........   11/21/2000  10/22/02, 67 FR
                                                                          64999.
1.5212..........................  Applications............     07/01/96  06/30/03, 68 FR
                                                                          38632.
1.5213..........................  Action on Application;       07/01/96  06/30/03, 68 FR
                                   Issuance of Permit.                    38632.
1.5214..........................  Commencement of              07/01/96  06/30/03, 68 FR
                                   Operation.                             38632.
1.5215..........................  Application Processing       07/01/96  06/30/03, 68 FR
                                   Schedule.                              38632.
1.5216..........................  Incorporated By            06/06/1994  07/28/95, 60 FR
                                   Reference.                             38715.
1.5217..........................  Confidential Information   06/14/1990  05/02/91, 56 FR
                                                                          20140.
1.5218..........................  Compliance Schedule for    06/14/1990  05/02/91, 56 FR
                                   Previously Exempted                    20140.
                                   Activities.
1.5219..........................  Retention of Permit at     06/06/1994  07/28/95, 60 FR
                                   Permitted Facility.                    38715.
1.5220..........................  Applicability              06/14/1990  05/02/91, 56 FR
                                   Determinations.                        20140.
1.5221..........................  Permitting of Numerous     06/06/1994  07/28/95, 60 FR
                                   Similar Facilities.                    38715.
1.5222..........................  Permitting of Facilities   06/06/1994  07/28/95, 60 FR
                                   at Multiple Temporary                  38715.
                                   Sites.
1.5230..........................  Permitting Rules and       06/14/1990  05/02/91, 56 FR
                                   Procedures.                            20140.
1.5231..........................  Permit Fees.............     07/01/96  06/30/03, 68 FR
                                                                          38632.
1.5232..........................  Issuance, Revocation,        07/01/96  06/30/03, 68 FR
                                   and Enforcement of                     38632.
                                   Permits.
1.5234..........................  Hearings................   06/06/1994  07/28/95, 60 FR
                                                                          38715.
1.5235..........................  Expedited Application      06/14/1990  05/02/91, 56 FR
                                   Processing Schedule.                   20140.
----------------------------------------------------------------------------------------------------------------
                             Section 1.5300 Enforcement; Variances; Judicial Review
----------------------------------------------------------------------------------------------------------------
1.5301..........................  Special Enforcement        06/14/1990  05/02/91, 56 FR
                                   Procedures.                            20140.

[[Page 457]]

 
1.5302..........................  Criminal Penalties......   06/14/1990  05/02/91, 56 FR
                                                                          20140.
1.5303..........................  Civil Injunction........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
1.5304..........................  Civil Penalties.........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
1.5305..........................  Variances...............     07/01/96  06/30/03, 68 FR
                                                                          38632.
1.5306..........................  Hearings................     07/01/96  06/30/03, 68 FR
                                                                          38632.
1.5307..........................  Judicial Review.........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
----------------------------------------------------------------------------------------------------------------
                                Section 1.5600 Transportation Facility Procedures
----------------------------------------------------------------------------------------------------------------
1.5604..........................  Public Participation....     07/01/96  06/30/03, 68 FR
                                                                          38632.
1.5607..........................  Application Processing       07/01/96  06/30/03, 68 FR
                                   Schedule.                              38632.
----------------------------------------------------------------------------------------------------------------
                         Article 2.0000 Air Pollution Control Regulations and Procedures
                                    Section 2.0100 Definitions And References
----------------------------------------------------------------------------------------------------------------
2.0101..........................  Definitions.............   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0104..........................  Incorporated By            06/14/1990  05/02/91, 56 FR
                                   Reference.                             20140.
----------------------------------------------------------------------------------------------------------------
                                      Section 2.0200 Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
2.0201..........................  Classification of Air      06/14/1990  05/02/91, 56 FR
                                   Pollution Sources.                     20140.
2.0202..........................  Registration of Air        06/14/1990  05/02/91, 56 FR
                                   Pollution Sources.                     20140.
----------------------------------------------------------------------------------------------------------------
                                    Section 2.0300 Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
2.0301..........................  Purpose.................   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0302..........................  Episode Criteria........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0303..........................  Emission Reduction Plans   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0304..........................  Preplanned Abatement       06/14/1990  05/02/91, 56 FR
                                   Program.                               20140.
2.0305..........................  Emission Reduction Plan:   06/14/1990  05/02/91, 56 FR
                                   Alert Level.                           20140.
2.0306..........................  Emission Reduction Plan:   06/14/1990  05/02/91, 56 FR
                                   Warning Level.                         20140.
2.0307..........................  Emission Reduction Plan:   06/14/1990  05/02/91, 56 FR
                                   Emergency Level.                       20140.
----------------------------------------------------------------------------------------------------------------
                                  Section 2.0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
2.0401..........................  Purpose.................   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0402..........................  Sulfur Oxides...........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0403..........................  Total Suspended            06/14/1990  05/02/91, 56 FR
                                   Particulates.                          20140.
2.0404..........................  Carbon Monoxide.........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0405..........................  Ozone...................   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0407..........................  Nitrogen Dioxide........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0408..........................  Lead....................   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0409..........................  PM10 Particulate Matter.   06/14/1990  05/02/91, 56 FR
                                                                          20140.
----------------------------------------------------------------------------------------------------------------

[[Page 458]]

 
                                    Section 2.0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
2.0501..........................  Compliance With Emission   06/14/1990  05/02/91, 56 FR
                                   Control Standards.                     20140.
2.0502..........................  Purpose.................   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0503..........................  Particulates from Fuel     06/14/1990  05/02/91, 56 FR
                                   Burning Indirect Heat                  20140.
                                   Exchangers.
2.0504..........................  Particulates from Wood     06/14/1990  05/02/91, 56 FR
                                   Burning Indirect Heat                  20140.
                                   Exchangers.
2.0506..........................  Particulates from Hot      06/14/1990  05/02/91, 56 FR
                                   Mix Asphalt Plants.                    20140.
2.0507..........................  Particulates from          06/14/1990  05/02/91, 56 FR
                                   Chemical Fertilizer                    20140.
                                   Manufacturing Plants.
2.0508..........................  Particulates from Pulp     06/14/1990  05/02/91, 56 FR
                                   and Paper Mills.                       20140.
2.0509..........................  Particulates from Mica     06/14/1990  05/02/91, 56 FR
                                   or Feldspar Processing                 20140.
                                   Plants.
2.0510..........................  Particulates from Sand,    06/14/1990  05/02/91, 56 FR
                                   Gravel, or Crushed                     20140.
                                   Stone Operations.
2.0511..........................  Particulates from          06/14/1990  05/02/91, 56 FR
                                   Lightweight Aggregate                  20140.
                                   Processes.
2.0512..........................  Particulates from Wood     06/14/1990  05/02/91, 56 FR
                                   Products Finishing                     20140.
                                   Plants.
2.0513..........................  Particulates from          06/14/1990  05/02/91, 56 FR
                                   Portland Cement Plants.                20140.
2.0514..........................  Particulates from          06/14/1990  05/02/91, 56 FR
                                   Ferrous Jobbing                        20140.
                                   Foundries.
2.0515..........................  Particulates from          06/14/1990  05/02/91, 56 FR
                                   Miscellaneous                          20140.
                                   Industrial Processes.
2.0516..........................  Sulfur Dioxide Emissions   06/14/1990  05/02/91, 56 FR
                                   from Combustion Sources.               20140.
2.0517..........................  Emissions From Plants      06/14/1990  05/02/91, 56 FR
                                   Producing Sulfuric Acid.               20140.
2.0518..........................  Miscellaneous Volatile     11/21/2000  10/22/02, 67 FR
                                   Organic Compound                       64999.
                                   Emissions.
2.0519..........................  Control of Nitrogen        06/14/1990  05/02/91, 56 FR
                                   Dioxide and Nitrogen                   20140.
                                   Oxides Emissions.
2.0523..........................  Control of Conical         11/21/2000  10/22/02, 67 FR
                                   Incinerators.                          64999.
2.0527..........................  Emissions from Spodumene   06/14/1990  05/02/91, 56 FR
                                   Ore Roasting.                          20140.
2.0530..........................  Prevention of              06/14/1990  05/02/91, 56 FR
                                   Significant                            20140.
                                   Deterioration.
2.0531..........................  Sources in Nonattainment   06/14/1990  05/02/91, 56 FR
                                   Areas.                                 20140.
2.0532..........................  Sources Contributing to    06/14/1990  05/02/91, 56 FR
                                   an Ambient Violation.                  20140.
2.0533..........................  Stack Height............   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0535..........................  Excess Emissions           06/14/1990  05/02/91, 56 FR
                                   Reporting and                          20140.
                                   Malfunctions.
2.0538..........................  Control of Ethylene        06/14/1990  05/02/91, 56 FR
                                   Oxide Emissions.                       20140.
2.0539..........................  Odor Control of Feed       06/14/1990  05/02/91, 56 FR
                                   Ingredient                             20140.
                                   Manufacturing Plants.
----------------------------------------------------------------------------------------------------------------
                               Section 2.0600 Monitoring: Recordkeeping: Reporting
----------------------------------------------------------------------------------------------------------------
2.0601..........................  Purpose and Scope.......   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0602..........................  Definitions.............   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0604..........................  Exceptions to Monitoring   06/14/1990  05/02/91, 56 FR
                                   and Reporting                          20140.
                                   Requirements.
2.0605..........................  General Recordkeeping      06/14/1990  05/02/91, 56 FR
                                   and Reporting                          20140.
                                   Requirements.
2.0606..........................  Sources Covered by         06/14/1991  05/02/91, 56 FR
                                   Appendix P of 40 CFR                   20140.
                                   Part 51.
2.0607..........................  Large Wood and Wood-       06/14/1990  05/02/91, 56 FR
                                   Fossil Fuel Combination                20140.
                                   Units.

[[Page 459]]

 
2.0608..........................  Other Large Coal or        06/14/1990  05/02/91, 56 FR
                                   Residual Oil Burners.                  20140.
2.0610..........................  Delegation Federal         11/21/2000  10/22/02, 67 FR
                                   Monitoring Requirements.               64999.
2.0611..........................  Monitoring Emissions       06/14/1990  05/02/91, 56 FR
                                   From Other Sources.                    20140.
2.0612..........................  Alternative Monitoring     06/14/1990  05/02/91, 56 FR
                                   and Reporting                          20140.
                                   Procedures.
2.0613..........................  Quality Assurance          06/14/1990  05/02/91, 56 FR
                                   Program.                               20140.
2.0614..........................  Compliance Assurance       06/14/1990  05/02/91, 56 FR
                                   Monitoring.                            20140.
2.0615..........................  Delegation..............   06/14/1990  05/02/91, 56 FR
                                                                          20140.
----------------------------------------------------------------------------------------------------------------
                                    Section 2.0800 Transportation Facilities
----------------------------------------------------------------------------------------------------------------
2.0801..........................  Purpose and Scope.......   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0802..........................  Definitions.............   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0803..........................  Highway Projects........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0804..........................  Airport Facilities......   06/14/1990  05/02/91, 56 FR
                                                                          20140.
----------------------------------------------------------------------------------------------------------------
                                    Section 2.0900 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
2.0901..........................  Definitions.............   03/01/1991  06/23/94, 59 FR
                                                                          32362.
2.0902..........................  Applicability...........   10/16/2004  9/12/07, 72 FR
                                                                          52012.
2.0903..........................  Recordkeeping:             07/01/1991  06/23/94, 59 FR
                                   Reporting: Monitoring.                 32362.
2.0906..........................  Circumvention...........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0907..........................  Equipment Installation     06/14/1990  05/02/91, 56 FR
                                   Compliance Schedule.                   20140.
2.0909..........................  Compliance Schedules for   06/14/1990  05/02/91, 56 FR
                                   Sources In New                         20140.
                                   Nonattainment Areas.
2.0910..........................  Alternate Compliance       06/14/1990  05/02/91, 56 FR
                                   Schedule.                              20140.
2.0912..........................  General Provisions on      07/01/1991  06/23/94, 59 FR
                                   Test Methods and                       32362.
                                   Procedures.
2.0913..........................  Determination of           03/01/1991  06/23/94, 59 FR
                                   Volatile Content of                    32362.
                                   Surface Coatings.
2.0914..........................  Determination of VOC       06/14/1990  05/02/91, 56 FR
                                   Emission Control System                20140.
                                   Efficiency.
2.0915..........................  Determination of Solvent   06/14/1990  05/02/91, 56 FR
                                   Metal Cleaning VOC                     20140.
                                   Emissions.
2.0916..........................  Determination: VOC         06/14/1990  05/02/91, 56 FR
                                   Emissions From Bulk                    20140.
                                   Gasoline Terminals.
2.0917..........................  Automobile and Light-      06/14/1990  05/02/91, 56 FR
                                   Duty Truck                             20140.
                                   Manufacturing.
2.0918..........................  Can Coating.............   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0919..........................  Coil Coating............   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0920..........................  Paper Coating...........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0921..........................  Fabric and Vinyl Coating   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0922..........................  Metal Furniture Coating.   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0923..........................  Surface Coating of Large   06/14/1990  05/02/91, 56 FR
                                   Appliances.                            20140.
2.0924..........................  Magnet Wire Coating.....   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0925..........................  Petroleum Liquid Storage   06/14/1990  05/02/91, 56 FR
                                   in Fixed Roof Tanks.                   20140.

[[Page 460]]

 
2.0926..........................  Bulk Gasoline Plants....   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0927..........................  Bulk Gasoline Terminals.   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0928..........................  Gasoline Service           06/14/1990  05/02/91, 56 FR
                                   Stations Stage I.                      20140.
2.0929..........................  Petroleum Refinery......   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0930..........................  Solvent Metal Cleaning..   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0931..........................  Cutback Asphalt.........   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0932..........................  Gasoline Truck Tanks and   06/14/1990  05/02/91, 56 FR
                                   Vapor Collection                       20140.
                                   Systems.
2.0933..........................  Petroleum Liquid Storage   10/16/2004  9/12/07, 72 FR
                                   In External Floating                   52012.
                                   Roof Tanks.
2.0934..........................  Coating of Miscellaneous   06/14/1990  05/02/91, 56 FR
                                   Metal Parts and                        20140.
                                   Products.
2.0935..........................  Factory Surface Coating    06/14/1990  05/02/91, 56 FR
                                   of Flat Wood Paneling.                 20140.
2.0936..........................  Graphic Arts............   06/14/1990  05/02/91, 56 FR
                                                                          20140.
2.0937..........................  Manufacture of Pneumatic   06/14/1990  05/02/91, 56 FR
                                   Rubber Tires.                          20140.
2.0939..........................  Determination of           06/14/1990  05/02/91, 56 FR
                                   Volatile Organic                       20140.
                                   Compound Emissions.
2.0940..........................  Determination of Leak      06/14/1990  05/02/91, 56 FR
                                   Tightness and Vapor                    20140.
                                   Leaks.
2.0941..........................  Alternative Method for     06/14/1990  05/02/91, 56 FR
                                   Leak Tightness.                        20140.
2.0942..........................  Determination of Solvent   06/14/1990  05/02/91, 56 FR
                                   in Filter Waste.                       20140.
2.0943..........................  Synthetic Organic          06/14/1990  05/02/91, 56 FR
                                   Chemical and Polymer                   20140.
                                   Manufacturing.
2.0944..........................  Manufacture of             06/14/1990  05/02/91, 56 FR
                                   Polyethylene,                          20140.
                                   Polypropylene and
                                   Polystyrene.
2.0945..........................  Petroleum Dry Cleaning..   06/14/1990  05/02/91, 56 FR
                                                                          20140.
----------------------------------------------------------------------------------------------------------------

    (d) [Reserved]
    (e) EPA Approved North Carolina Non-regulatory Provisions.

                              EPA Approved North Carolina Non-regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                                  State       EPA approval
                 Provision                   effective date       date            Federal Register citation
----------------------------------------------------------------------------------------------------------------
Capital Area, North Carolina Interagency             1/1/02        12/27/02  67 FR 78986
 Transportation Conformity Memorandum of
 Agreement.
Durham-Chapel Hill Interagency                       1/1/02        12/27/02  67 FR 78986
 Transportation Conformity Memorandum of
 Agreement.
Winston-Salem Interagency Transportation            1/01/02        12/27/02  67 FR 78986
 Conformity Memorandum of Agreement.
High Point Interagency Transportation               1/01/02        12/27/02  67 FR 78986
 Conformity Memorandum of Agreement.
Greensboro Interagency Transportation               1/01/02        12/27/02  67 FR 78986
 Conformity Memorandum of Agreement.
Gaston, North Carolina Interagency                   1/1/02        12/27/02  67 FR 78986
 Transportation Conformity Memorandum of
 Agreement.
Mecklenburg-Union Interagency                        8/7/03        09/15/03  68 FR 53887
 Transportation Conformity Memorandum of
 Agreement.
10 Year Maintenance Plan Update for the              6/4/04         9/20/04  69 FR 56163
 Raleigh/Durham Area.

[[Page 461]]

 
10 Year Maintenance Plan Update for the              6/4/04         9/20/04  69 FR 56163
 Greensboro/Winston-Salem/High Point Area.
Attainment Demonstration of the Mountain,          12/21/04         9/21/05  70 FR 48874
 Unifour, Triad and Fayetteville Early
 Action Compact Areas.
Charlotte, Raleigh-Durham, and Winston-             3/18/05         3/24/06  71 FR 14817
 Salem Carbon Monoxide Second 10-Year
 Maintenance Plan.
8-Hour Ozone Maintenance plan for the Rocky         6/19/06         11/6/06  71 FR 64891
 Mount, North Carolina area (Edgecombe and
 Nash Counties).
8-Hour Ozone Maintenance plan for the                6/7/07        12/26/07  72 FR 72948
 Raleigh-Durham-Chapel Hill, North Carolina
 area (Durham, Franklin, Granville,
 Johnston, Orange, Person and Wake Counties
 in their entireties, and Baldwin, Center,
 New Hope and Williams Townships in Chatham
 County).
1-Hour Ozone Maintenance plan revision for         2/4/2008          4/8/08  73 FR 18963
 the Greensboro/Winston-Salem/High Point
 area (Davidson, Forsyth, and Guilford
 counties and a portion of Davie County).
----------------------------------------------------------------------------------------------------------------


[64 FR 27467, May 20, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1770, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1771  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Western Mountain Intrastate..........................           I        III       III       III           III
Eastern Mountain Intrastate..........................           I        III       III       III           III
Metropolitan Charlotte Interstate....................           I         II       III       III             I
Northern Piedmont Intrastate.........................           I        III       III       III           III
Eastern Piedmont Intrastate..........................           I        III       III       III           III
Northern Coastal Intrastate..........................           I        III       III       III           III
Southern Coastal Intrastate..........................          II        III       III       III           III
Sandhills Intrastate.................................          II        III       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10884, May 31, 1972]



Sec. 52.1772  Approval status.

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

[[Page 462]]

each subsequent January of additional RACT requirements for sources 
covered by CTGs issued by the previous January.
    (b) New Source review permits issued pursuant to section 173 of the 
Clean Air Act will not be deemed valid by EPA unless the provisions of 
Section V of the Emission Offset (Interpretative Rule) published on 
January 16, 1979 (44 FR 3274) are met.

[45 FR 26043, Apr. 17, 1980]



Sec. Sec. 52.1773-52.1774  [Reserved]



Sec. 52.1775  Rules and regulations.

    Paragraph (g) of regulation 2D.0535 is disapproved because its 
automatic exemption for excess emissions during startup and shutdown is 
inconsistent with the Clean Air Act.

[51 FR 32075, Sept. 9, 1986]



Sec. Sec. 52.1776-52.1777  [Reserved]



Sec. 52.1778  Significant deterioration of air quality.

    (a)-(b) [Reserved]
    (c) All applications and other information required pursuant to 
Sec. 52.21 of this part from sources located or to be located in the 
State of North Carolina shall be submitted to the North Carolina 
Environmental Management Commission, Department of Natural and Economic 
Resources, Division of Environmental Management, P.O. Box 27687, 
Raleigh, NC 27611. Attention: Air Quality Section, instead of the EPA 
Region IV office.

[43 FR 26410, June 19, 1978, as amended at 47 FR 7837, Feb. 23, 1982]



Sec. 52.1779  [Reserved]



Sec. 52.1780  VOC rule deficiency correction.

    The revisions submitted to EPA for approval on September 21, 1989, 
January 14, 1991, April 29, 1991, August 13, 1991, and July 19, 1993, 
were intended to correct deficiencies cited in a letter calling for the 
State to revise its SIP for O3 from Greer C. Tidwell, EPA 
Regional Administrator to Governor James C. Martin on May 25, 1988, and 
clarified in a letter from Winston A. Smith, EPA Region IV Air Division 
Director to the Chief of the Air Quality Section, North Carolina 
Division of Environmental Management. The deficiency in the following 
aspect of the rule has not been corrected.
    (a) Procedures used to determine capture control device efficiency 
should be contained in 2D.0914. This deficiency must be corrected as 
soon as EPA issues final guidance on Capture Efficiency regulations.
    (b) [Reserved]

[59 FR 32365, June 23, 1994]



Sec. 52.1781  Control strategy: Sulfur oxides and particulate matter.

    (a) The plan's control strategy for particulate matter as outlined 
in the three-year variance for the coal-fired units of Duke Power 
Company and Carolina Power & Light Company from the particulate emission 
limits of Regulation 15 N.C.A.C. 2D.0503, with submittals on June 18, 
September 7, October 31, and December 14, 1979, by the North Carolina 
Department of Natural Resources and Community Development, is 
disapproved only insofar that it provides an exemption for excess 
emissions during periods of startup, shutdown, and verified malfunction. 
(See Sec. 52.1770(c)(22).)
    (b) The plan's control strategy for particulate matter as contained 
in regulation 15 NCAC 2D.0536, which was submitted on January 24 and 
February 21, 1983, and on December 17, 1985, and became effective on 
August 1, 1987, is disapproved insofar as it provides annual opacity 
limits for the seven plants of Duke Power Company and for Plants Roxboro 
and Cape Fear of Carolina Power and Light Company.
    (c) The plan's control strategy for particulate matter as contained 
in revisions to 15 NCAC 2D.0536 submitted on January 24, 1983, February 
21, 1983, and December 17, 1985, is disapproved as it applies to the 
Carolina Power and Light Asheville, Lee, Sutton and Weatherspoon Plants. 
These plants will continue to be subject to the particulate limits of 15 
NCAC 2D.0503, contained in the original SIP, submitted to EPA on January 
27, 1972, and approved on May 31, 1982 at 47 FR 10884.
    (d) In letters dated February 4, 1987, and June 15, 1987, the North 
Carolina Department of Natural Resources and Community Development 
certified that

[[Page 463]]

no emission limits in the State's plan are based on dispersion 
techniques not permitted by EPA's stack height rules.

[45 FR 55425, Aug. 20, 1980, as amended at 53 FR 11071, Apr. 5, 1988; 53 
FR 22488, June 16, 1988; 54 FR 9434, Mar. 7, 1989; 54 FR 13185, Mar. 31, 
1989]



Sec. 52.1783  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of North Carolina'' and all revisions submitted by North 
Carolina that were federally approved prior to December 1, 1998.
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Miscellaneous non-regulatory additions to the plan submitted on 
May 5, 1972, by the North Carolina Department of Natural and Economic 
Resources.
    (2) Letter indicating procurement of additional monitors submitted 
on May 9, 1972, by the North Carolina Department of Natural and Economic 
Resources.
    (3) Compliance schedules submitted on February 13, 1973, by the 
North Carolina Department of Natural and Economic Resources.
    (4) Compliance schedules submitted on February 14, 1973, by the 
North Carolina Department of Natural and Economic Resources.
    (5) Compliance schedules submitted on March 2, 1973, by the North 
Carolina Department of Natural and Economic Resources.
    (6) Compliance schedules submitted on April 24, 1973, by the North 
Carolina Department of Natural and Economic Resources.
    (7) Compliance schedules submitted on November 2, 1973, by the North 
Carolina Department of Natural and Economic Resources.
    (8) Indirect source review regulation No. 9 submitted on November 
16, 1973, by the North Carolina Department of Natural and Economic 
Resources.
    (9) Compliance schedules submitted on November 20, 1973, by the 
North Carolina Department of Natural and Economic Resources.
    (10) Revisions to indirect source review regulation No. 9 and AQMA 
identification material submitted on April 1, 1974, by the North 
Carolina Department of Natural and Economic Resources.
    (11) Compliance schedules submitted on May 13, 1974, by the North 
Carolina Department of Natural and Economic Resources.
    (12) Compliance schedules submitted on November 7, 1974, by the 
North Carolina Department of Natural and Economic Resources.
    (13) AQMA identification material submitted on November 22, 1974, by 
the North Carolina Department of Natural and Economic Resources.
    (14) Compliance schedules submitted on November 27, 1974, by the 
North Carolina Department of Natural and Economic Resources.
    (15) Revised ambient SO2 and NO2 standards, 
submitted on March 23, 1976, by the North Carolina Department of Natural 
and Economic Resources.
    (16) Regulations extending visible emissions standard, adopting 
EPA's New Source Performance Standards (40 CFR part 60) and revising 
emission monitoring of stationary sources (40 CFR part 51.19), submitted 
June 24, 1976, by North Carolina Departmentof Natural and Economic 
Resources.
    (17) Letter requesting delegation of Federal authority for the 
administrative and technical portions of the prevention of significant 
deterioration program, submitted on June 24, 1976, by the Secretary of 
the North Carolina Department of Natural andEconomic Resources.
    (18) Miscellaneous plan revisions, submitted on November 1, 1976, by 
the North Carolina Department of Natural and Economic Resources.
    (19) Regulations governing emissions of sulfur dioxide from the 
roasting of spodumene ore, submitted on February 14, 1978, by the North 
Carolina Department of Natural Resources and Community Development.
    (20) Request for an 18-month extension of the statutory timetable 
for submitting a plan to attain and maintain the secondary ambient 
standard for particulate matter in the Spruce Pine

[[Page 464]]

nonattainment area, submitted on February 1, 1979, by the North Carolina 
Department of Natural Resources and Community Development.
    (21) 1979 implementation plan revisions for the Mecklenburg County 
ozone and carbon monoxide nonattainment areas, including regulations 
2D.0901-.0931 and 2H.0608, adopted on June 14, 1979, and submitted on 
June 15 and July 25, 1979, by the North Carolina Department of Natural 
Resources and Community Development.
    (22) Three-year variance for the coal-fired units of Duke Power 
Company and Carolina Power & Light Company from the particulate emission 
limits of Regulation 15 N.C.A.C. 2D.0503, with submittals on June 18, 
September 7, October 31, and December 14, 1979, by the North Carolina 
Department of Natural Resources and Community Development.
    (23) Revised regulations 2D.0903 and 2D.0931, adopted on April 10, 
1980, and submitted on May 2, 1980, by the North Carolina Department of 
Natural Resources and Community Development to correct deficiencies in 
the Part D ozone revisions given conditional approval on April 17, 1980.
    (24) Corrections in Part D carbon monoxide revisions conditionally 
approved on April 17, 1980, submitted on May 22 (this submittal included 
Regulation 2H.0608(g)), July 1, and August 19, 1980, by the North 
Carolina Department of Natural Resources and Community Development.
    (25) Miscellaneous revisions submitted on June 15, 1979 (provisions 
for interstate pollution abatement to satisfy section 126(a) of the 
Clean Air Act, and revised ambient standard for ozone), and on May 2, 
1980 (revision of regulations 2D.0302, .0501, .0524, .0525, and .0603, 
addition of regulation 2H.0603(f), ambient standard for airborne lead, 
and provision for public participation to satisfy section 127(a) of the 
Clean Air Act), by the North Carolina Department of Natural Resources 
and CommunityDevelopment.
    (26) Revisions of Section VI, Air Quality Surveillance, of the plan, 
submitted on August 19, 1980, by the North Carolina Department of 
Natural Resources and Community Development.
    (27) Opacity limits for existing kraft pulp mill recovery furnaces 
(regulation 2D .0508(b)) and revised opacity limitations for other 
sources (revised regulation 2D .0521), submitted on March 22, 1977, and 
on April 19, 1978, by the North Carolina Department of Natural Resources 
and Community Development.
    (28) Revisions in VOC regulations 2D.0902, .0903, .0905, 
.0907-.0912, and new VOC regulations 2D.0932-.0942, submitted on June 
23, 1980, and revised regulation 2D.0936, submitted on April 29, 1981, 
by the North Carolina Department of Natural Resources and Community 
Development.
    (29) Implementation plan for lead, submitted on May 2, 1980, by the 
North Carolina Department of Natural Resources and Community 
Development.
    (30) Regulation 2D.0530, providing for prevention of significant 
deterioration, submitted on April 16, 1981, by the North Carolina 
Department of Natural Resources and Community Development.
    (31) Addition of regulations 2D.0531 and 2D.0532 to replace repealed 
regulation 2H.0608, regulations providing for alternative emission 
reduction options, revised permit regulations (no action is taken on the 
addition of subdivision (h) to regulation 2H.0603), and miscellaneous 
other regulation changes, submitted on April 16, 1981, and relaxed 
annual ambient standard for particulate matter, submitted on September 
14, 1981, by the North Carolina Department of Natural Resources and 
Community Development.
    (32) Revised SO2 limit for all but 24 (see FR of December 
7, 1982) fuel-burning sources (changes in regulations 2D.0511 and 
.0516), submitted on March 22, 1977, and January 11, 1982, by the North 
Carolina Department of Natural Resources and Community Development.
    (33) Permit restricting emissions of SO2 from the 
Cliffside Steam Plant of Duke Power Company to 2.2  per million 
Btu, submitted on September 24, 1982, by the North Carolina Department 
of Natural Resources and Community Development.
    (34) Revised SO2 limit for eight fuel-burning sources 
(See FR of February 10, 1983), submitted on March 22, 1977, and January 
11, July 27, and August 26,

[[Page 465]]

1982, by the North Carolina Department of Natural Resources and 
Community Development.
    (35) Changes in regulations 2D.0524 and .0603, submitted on 
September 24, 1982, by the North Carolina Department of Natural 
Resources and Community Development.
    (36) Bubble permit for E. I. du Pont de Nemours and Company, 
Kinston, submitted on May 18, 1983, by the North Carolina Department of 
Natural Resources and Community Development.
    (37) 1982 revision of the Part D plan for the Mecklenburg County CO 
nonattainment area, submitted on June 17, 1982, and April 17, 1984, by 
the North Carolina Department of Natural Resources and Community 
Development.
    (38) Revisions to the North Carolina Administrative Code were 
submitted to EPA on January 24, 1983.
    (i) Incorporation by reference. (A) Letter of January 24, 1983 from 
the North Carolina Department of Natural Resources and Community 
Development, and the following North Carolina Administrative Code 
Regulations which were adopted by the Environmental Management 
Commission on December 9, 1982:

15 NCAC 2D.0501, Compliance With Emission Control Standards
15 NCAC 2D.0503, Control of Particulates from Fuel Burning Sources
15 NCAC 2D.0504, Particulates from Wood Burning Indirect Heat Exchangers
15 NCAC 2D.0530, Prevention of Significant Deterioration
15 NCAC 2D.0531, Sources in Nonattainment Areas
15 NCAC 2D.0532, Sources Contributing to an Ambient Violation
15 NCAC 2D.0606, Other Coal or Residual Oil Burners
15 NCAC 2D.0902, Applicability (Volatile Organic Compounds)
15 NCAC 2H.0603, Applications (Air Quality Permits)

    (39) Revisions to the North Carolina Administrative Code were 
submitted to EPA on April 17, 1984.
    (i) Incorporation by reference. (A) Letter of April 17, 1984 from 
the North Carolina Department of Natural Resources and Community 
Development, and the following North Carolina Administrative Code 
Regulations which were adopted by the Environmental Management 
Commission on April 12, 1984:

15 NCAC 2D.0101, Definitions and References
15 NCAC 2D.0103, Copies of Referenced Federal Regulations
15 NCAC 2D.0201, Classification of Air Pollution Sources
15 NCAC 2D.0202, Registration of Air Pollution Sources
15 NCAC 2D.0302, Episode Criteria
15 NCAC 2D.0303, Emission Reduction Plans
15 NCAC 2D.0304, Preplanned Abatement Program
15 NCAC 2D.0305, Emission Reduction Plan--Alert Level
15 NCAC 2D.0306, Emission Reduction Plan--Warning Level
15 NCAC 2D.0307, Emission Reduction Plan--Emergency Level
15 NCAC 2D.0401, Purpose (Ambient Air Quality Standards)
15 NCAC 2D.0402, Sulfur Oxides
15 NCAC 2D.0403, Suspended Particulates
15 NCAC 2D.0404, Carbon Monoxide
15 NCAC 2D.0405, Ozone
15 NCAC 2D.0407, Nitrogen Dioxide
15 NCAC 2D.0408, Lead
15 NCAC 2D.0501, Compliance With Emission Control Standards
15 NCAC 2D.0524, New Source Performance Standards
15 NCAC 2D.0601, Purpose and Scope (Monitoring, Reporting)
15 NCAC 2D.0602, Definitions
15 NCAC 2D.0604, Sources Covered by Implementation Plan Requirements
15 NCAC 2D.0605, Wood and Wood--Fossil Fuel Combination Units
15 NCAC 2D.0606, Other Coal or Residual Oil Burners
15 NCAC 2D.0607, Exceptions to Monitoring and Reporting Requirements
15 NCAC 2D.0608, Program Schedule
15 NCAC 2D.0610, Delegation
15 NCAC 2D.0801, Purpose and Scope (Complex Sources)
15 NCAC 2D.0802, Permits
15 NCAC 2D.0803, Highway Projects
15 NCAC 2D.0804, Airport Facilities
15 NCAC 2H.0601, Purpose and Scope (Air Quality Permits)
15 NCAC 2H.0602, Definitions
15 NCAC 2H.0604, Final Action on Permit Applications
15 NCAC 2H.0605, Issuance, Revocation and Enforcement of Permits
15 NCAC 2H.0606, Delegation of Authority
15 NCAC 2H.0607, Copies of Referenced Documents

    (ii) Additional material. (A) The following regulations were 
repealed by the Environmental Management Commission on April 12, 1984:

15 NCAC 2D.0102, Phrases

[[Page 466]]

15 NCAC 2D.0406, Hydrocarbons
15 NCAC 2D.0603, Sources Covered by National Standards

    (40) Visibility Impairment Prevention Program and visibility new 
source review regulations were submitted to EPA on April 15, 1985.
    (i) Incorporation by reference.
    (A) Letter of April 15, 1985, from the North Carolina Department of 
Natural Resources and Community Development, and the following North 
Carolina Administrative Code revisions which were adopted by the 
Environmental Management Commission on April 11, 1985: 15 NCAC 2D.0530, 
Prevention of Significant Deterioration 15 NCAC 2D.0531, Sources in 
Nonattainment Areas.
    (ii) Additional material.
    (A) Narrative submittal, titled ``Visibility Impairment Prevention 
Program for Federal Class I Areas,'' adopted by the Environmental 
Management Commission on April 11, 1985.
    (41) [Reserved]
    (42) A new regulation covering malfunctions, (2D.0535 (a)-(f)), and 
the repeal of a malfunction rule for VOC sources (2D.0904) which were 
submitted to EPA on January 24, 1983. (2D.0535(g) covering startups and 
shutdowns as submitted on April 17, 1984, is disapproved.)
    (i) Incorporation by reference.
    (A) New malfunction regulation 15 NCAC 2D.0535 paragraphs (a)-(f), 
as adopted by the Environmental Management Commission on December 9, 
1982.
    (ii) Additional material.
    (A) Letter from Robert F. Helms, Director, Division of Environmental 
Management, dated January 24, 1983.
    (43) Revisions to the North Carolina Administrative Code were 
submitted to EPA on March 18, 1985.
    (i) Incorporation by reference.
    (A) Changes in the following regulations were adopted by the 
Environmental Management Commission on March 14, 1985:

15 NCAC 2D.0606, Other Coal or Residual Oil Burners
15 NCAC 2D.0939, Determination of Volatile Organic Compound Emissions

    (B) The following new regulations were adopted by the Environmental 
Management Commission on March 14, 1985:

15 NCAC 2D.0943, Synthetic Organic Chemical and Polymer Manufacturing
15 NCAC 2D.0944, Manufacturing of Polyethylene, Polypropylene, and 
Polystyrene
15 NCAC 2D.0945, Petroleum Dry Cleaning

    (ii) Other material--none.
    (44) Revisions to the North Carolina Administrative Code were 
submitted to EPA on April 15, 1985.
    (i) Incorporation by reference.
    (A) Changes in the following regulations were adopted by the 
Environmental Management Commission on April 11, 1985:

15 NCAC 2D.0202, Registration of Air Pollution Sources
15 NCAC 2D.0501, Compliance with Emission Control Standards (except the 
changes to paragraph (f)(1)(A))
15 NCAC 2D.0503, Control of Particulates from Fuel Burning Indirect Heat 
Exchangers
15 NCAC 2D.0504, Particulates from Wood Burning Indirect Heat Exchangers
15 NCAC 2D.0505, Control of Particulates from Incinerators
15 NCAC 2H.0603, (Permit) Applications

    (ii) Other material--none.
    (45) SO2 revisions for Alba Waldensian and Valdese 
Manufacturing which were submitted by the North Carolina Department of 
Natural Resources and Community Development on April 2, 1986.
    (i) Incorporation by reference. (A) Letter of April 2, 1986, from 
the North Carolina Department of Natural Resources and Community 
Development.
    (B) Permits for Alba Waldensian (2 plants) and Valdese Manufacturing 
which were issued by the Environmental Management Commission on July 23, 
1986, March 11, 1987, and August 1, 1985, respectively.
    (ii) Additional material--none.
    (46) SO2 and particulate revision for Appalachian State 
University which was submitted by the North Carolina Department of 
Natural Resources and Community Development on July 26, 1985, and June 
7, 1988.
    (i) Incorporation by reference.
    (A) Letters of July 26, 1985 and June 7, 1988 from the North 
Carolina Department of Natural Resources and Community Development.
    (B) Permit for Appalachian State University (No. 3990R4) which was

[[Page 467]]

issued by the Environnental Management Commission on July 19, 1985, and 
amended on June 7, 1988.
    (ii) Additional material--none.
    (47) Revisions to Title 15 of the North Carolina Administrative Code 
(15 NCAC) which were submitted to EPA on December 17, 1984.
    (i) Incorporation by reference.
    (A) Letter of December 17, 1984, from the North Carolina Division of 
Environmental Management and amendments to the following regulations 
which were adopted by the North Carolina Environmental Management 
Commission on November 8, 1984:

2D.0501--Compliance with Emission Control Standards
2D.0506--Control of Particulates from Hot Mix Asphalt Plants
2D.0507--Particulates from Chemical Fertilizer Manufacturing Plants
2D.0508--Control of Particulates from Pulp and Paper Mills
2D.0509--Particulates from Mica or Feldspar Processing Plants
2D.0510--Particulates: Sand, Gravel, Crushed Stone Operations
2D.0511--Particulates, SO2 from Lightweight Aggregate 
Processes
2D.0512--Particulates from Wood Products Finishing Plants
2D.0513--Control of Particulates from Portland Cement Plants
2D.0514--Control of Particulates from Ferrous Jobbing Foundries
2D.0515--Particulates from Miscellaneous Industrial Processes
2D.0516--Sulfur Dioxide Emissions from Fuel-Burning Installations
2D.0517--Emissions from Plants Producing Sulfuric Acid (Except revision 
to paragraph 2)
2D.0519--Control of Nitrogen Dioxide Emissions
2D.0520--Control and Prohibition of Open Burning
2D.0521--Control of Visible Emissions
2D.0527--Emissions from Spodumene Ore Roasting (Except revision to 
paragraph 2)
2D.0530--Prevention of Significant Deterioration
2D.0531--Sources in Nonattainment Areas
2D.0532--Sources Contributing to an Ambient Violation
2D.0901--Definitions (Volatile Organic Compounds)
2D.0903--Recordkeeping, Reporting, Monitoring (Volatile Organic 
Compounds)
2D.0905--Petition for Alternative Controls
2D.0906--Circumvention
2D.0907--Equipment Installation Compliance Schedules
2D.0908--Equipment Modification Compliance Schedules
2D.0909--Low Solvent Content Coating Compliance Schedules
2D.0910--Alternate Compliance Schedules
2D.0912--General Provisions on Test Methods and Procedures
2D.0913--Determination of Volatile Content of Surface Coating
2D.0914--Determination of VOC Emission Control System Efficiency
2D.0915--Determination of Solvent Metal Cleaning VOC Emissions
2D.0916--Determination of VOC Emissions from Bulk Gasoline Terminals
2D.0918--Can Coating
2D.0919--Coil Coating
2D.0920--Paper Coating
2D.0921--Fabric and Vinyl Coating
2D.0922--Metal Furniture Coating
2D.0923--Surface Coating of Large Appliances
2D.0924--Magnet Wire Coating
2D.0925--Petroleum Liquid Storage In Fixed Roof Tanks
2D.0926--Bulk Gasoline Plants
2D.0927--Bulk Gasoline Terminals
2D.0928--Gasoline Service Stations Stage I
2D.0929--Petroleum Refinery Sources
2D.0930--Solvent Metal Cleaning
2D.0931--Cutback Asphalt
2D.0932--Gasoline Truck Tanks and Vapor Collection Systems
2D.0933--Petroleum Liquid Storage In External Floating Roof Tanks
2D.0934--Coating of Miscellaneous Metal Parts and Products
2D.0935--Factory Surface Coating of Flat Wood Paneling
2D.0936--Graphic Arts
2D.0937--Manufacture of Pneumatic Rubber Tires
2D.0938--Perchloroethylene Dry Cleaning System
2D.0939--Determination of Volatile Organic Compound Emissions
2D.0940--Determination of Leak Tightness and Vapor Leaks
2H.0601--Purpose and Scope (Permits)
2H.0604--Final Action on Permit Applications
2H.0605--Issuance, Revocation and Enforcement of Permits

    (ii) Additional material.
    (A) Regulation 2D.0609 (Monitoring Condition in Permit) was repealed 
by the Environmental Management Commission on November 8, 1984.
    (48) Revision to the North Carolina Administrative Code (15 NCAC) 
which was submitted to EPA on February 25, 1986.
    (i) Incorporation by reference.
    (A) Letter of February 25, 1986, from the North Carolina Division of 
Environmental Management and the

[[Page 468]]

amendment to regulation 2D.0917 (Automobiles and Light-Duty Truck 
Manufacturing) which was adopted by the North Carolina Environmental 
Management Commission on February 13, 1986.
    (ii) Additional material--none.
    (49) Revision to 15 NCAC 2D.0518 which was submitted by the North 
Carolina Division of Environmental Management on January 24, 1983.
    (i) Incorporation by reference.
    (A) Letter of January 24, 1983 to EPA from the North Carolina 
Department of Natural Resources and Community Development, and 
amendments to North Carolina Administrative Code regulation 2D.0518 
(Miscellaneous Volatile Organic Compound Emissions) adopted by the 
Environmental Management Commission on December 9, 1982, which allow 
alternative control strategies.
    (ii) Additional material--none.
    (50) Stack Height regulations were submitted to EPA on September 24, 
1982, April 17, 1984, and February 25, 1986, by the North Carolina 
Department of Natural Resources and Community Development.
    (i) Incorporation by reference. (A) Regulations 15NCAC 2D.0533 
(Stack Height) adopted on September 9, 1982 and Regulations 15NCAC 
2H.0603 (Applications) adopted on February 13, 1986 and April 12, 1984, 
by the Environmental Management Commission.
    (ii) Other material--none.
    (51) Revisions to the North Carolina State Implementation Plan were 
submitted by the State of North Carolina Division of Environmental 
Management on June 12, 1986.
    (i) Incorporation by reference.
    (A) A new regulation entitled Control of Conical Incinerators, 15 
NCAC 2D.0523, which became effective on January 1, 1985.
    (B) A letter dated July 7, 1987, from the State of North Carolina 
Division of Environmental Management clarifying the adoption and 
effective dates of 15 NCAC 2D.0523.
    (ii) Other material--none.
    (52) Minor revisions to Title 15 of the North Carolina 
Administrative Code (15 NCAC) were submitted to EPA on February 25, 
1986.
    (i) Incorporation by reference.
    (A) Letter of February 25, 1986 from the State of North Carolina to 
EPA, and Amendments in the following regulations which were adopted by 
the North Carolina Environmental Management Commission on February 13, 
1986:

2D.0501 Compliance with Emission Control Standards
2D.0508 Control of Particulates from Pulp and Paper Mills
2D.0509 Particulates from Mica and Feldspar Processing Plants
2D.0514 Control of Particulates from Ferrous Jobbing Foundries
2D.0535 Malfunctions, Startup and Shutdown
2D.0916 Determination: VOC Emissions from Bulk Gasoline Terminals

    (ii) Other material--none.
    (53) Revisions to 15 NCAC, regulation 2D.0501 were submitted to EPA 
on October 14, 1986.
    (i) Incorporation by reference.
    (A) Letter of October 14, 1986, from the North Carolina Department 
of Natural Resources and Community Development, and revisions to 15 
NCAC, regulation 2D.0501 which were adopted by the Environmental 
Management Commission on September 11, 1986.
    (ii) Additional material--none.
    (54) Revisions to the visible emission regulations of Title 15 of 
the North Carolina Administrative Code (15 NCAC) were submitted February 
11, 1987.
    (i) Incorporation by reference.
    (A) Letter to EPA dated February 11, 1987 and amendments to the 
following North Carolina Administrative Code regulations:

15 NCAC 2D.0501(c)(8), Compliance with Emission Control Standards;
15 NCAC 2D.0508(b), Control of Emissions from Pulp and Paper Mills; and
15 NCAC 2D.0521 (c), (d), and (f), Control of Visible Emissions, which 
became effective on August 1, 1987.

    (ii) Additional material--none.
    (55) A revised regulation limiting emissions from electric utility 
boilers was submitted on January 24, 1983, and February 21, 1983, and 
amended by submittals dated December 17, 1985, and June 19, 1987, by the 
North Carolina Department of Natural Resources and

[[Page 469]]

Community Development. Only the following portions of this regulation 
are approved:
    (i) Incorporation by reference.
    (A) Only those portions of a new regulation, 15 NCAC 2D.0536, 
entitled ``Emissions from Electric Utility Boilers,'' which were 
approved by the Environmental Protection Agency on April 5, 1988.
    (ii) Other material--none.
    (56) Revisions to miscellaneous regulations of Title 15 of the North 
Carolina Administrative Code (15 NCAC) were submitted April 14, 1987.
    (i) Incorporation by reference.
    (A) Amendments to the following regulations (15 NCAC) were adopted 
by the North Carolina Environmental Management Commission on April 9, 
1987:

2D.0103--Copies of Referenced Federal Regulations, paragraph (a)(2).
2D.0501--Compliance with Emission Control Standards, paragraph (c)(4).
2D.0505--Control of Particulates from Incinerators, paragraph (b).
2D.0533--Stack Height, paragraph (a)(7).
2H.0607--Copies of Referenced Documents, (a) introductory text and 
paragraph (a)(2).

    (B) Letter of April 14, 1987, to EPA from the State of North 
Carolina Department of Natural Resources and Community Development.
    (ii) Other material--none.
    (57) Revisions to 15 NCAC 2D.0501(c)(4) were submitted by the North 
Carolina Department of Natural Resources and Community Development on 
December 15, 1987.
    (i) Incorporation by reference.
    (A) Letter of December 15, 1987, to the Environmental Protection 
Agency from the North Carolina Department of Natural Resources and 
Community Development and revised paragraph (c)(4) of 15 NCAC 2D.0501, 
adopted by the North Carolina Environmental Management Commission on 
December 10, 1987.
    (ii) Additional material--none.
    (58) North Carolina plan for visibility impairment prevention for 
federal Class I areas, Part 2, submitted to EPA on December 15, 1987, by 
the North Carolina Division of Environmental Management (NCDEM) to 
satisfy the Part 2 visibility requirements including the State's long-
term strategy and provisions to satisfy the periodic review 
requirements.
    (i) Incorporation by reference.
    (A) December 15, 1987, letter from the North Carolina Division of 
Environmental Management.
    (B) That portion of page II-7 of the North Carolina plan for 
visibility impairment prevention for federal Class I areas Part 2 
containing the periodic review requirements satisfying 40 CFR 51.306(c), 
adopted by the North Carolina Division of Environmental Management on 
December 10, 1987.
    (ii) Additional material.
    (A) Narrative SIP titled ``The North Carolina Plan for Visibility 
Impairment Prevention for Federal Class I Areas Part 2.''
    (59) [Reserved]
    (60) Revisions to 15 NCAC 2D.0103, Copies of Referenced Federal 
Regulations; 2D.0304, Preplanned Abatement Program; 2D.0604, Sources 
Covered by Implementation Plan Requirements; 2D.0606, Other Coal or 
Residual Oil Burners; 2D.0608, Program Schedule; and 2H.0607, Copies of 
Referenced Documents, were submitted by the North Carolina Department of 
Natural Resources and Community Development on May 2, 1988.
    (i) Incorporation by reference.
    (A) Letter of May 2, 1988 from the North Carolina Department of 
Natural Resources and Community Development and revised regulations 15 
NCAC 2D.0103(a)(6), 2D.0304(a), 2D.0604(b), 2D.0606(a)(4)(E), 
2D.0608(b), and 2H.0607(a)(6), adopted by the North Carolina 
Environmental Management Commission on April 14, 1988.
    (ii) Additional material--none.
    (61) Revisions to the SIP including PM10 revisions 
submitted on May 2, 1988, and July 14, 1989 by the North Carolina 
Department of National Resources and Community Development.
    (i) Incorporation by reference. (A) July 1, 1988 revisions to North 
Carolina Administration Code Regulation No.:

2D.0101--Definitions, (18) and (25)-(33)
2D.0302--Episode criteria, (2)(g), (3)(g), (4) (f) and (g)
2D.0403--Total suspended particulates
2D.0409--Particulate matter
2D.0501--Compliance with emission control standards, (c)(16)
2D.0913--Determination of volatile content of surface coatings

[[Page 470]]

2D.0916--Determination of VOC emissions from bulk gasoline terminals
2D.0939--Determination of volatile organic compound emissions
2D.0940--Determination of leak tightness and vapor leaks
2D.0601--Purpose and scope
2D.0603--Applications, (f) (5) and (6)

    (B) October 1, 1989 State-effective revisions to North Carolina 
Administration Code No.:

2D.0104--Adoption by Reference Updates
2D.0530--Prevention of Significant Deterioration, (h)
2D.0531--Sources in Non-Attainment Areas, (d)

2D.0532--Sources Contributing to an Ambient Violation, (d)
    (ii) Additional material. (A) May 2, 1988 letter from North Carolina 
Department of Natural Resources and Community Development.
    (B) July 14, 1989 letter from North Carolina Department of Natural 
Resources and Community Development
    (62) Permits for Liggett & Myers and Burlington Industries which 
were submitted as State Implementation Plant revisions on April 2, 1986, 
and resubmitted on October 24, 1989.
    (i) Incorporation by reference.
    (A) Permit No. 2533R11 for Liggett & Myers Tobacco Company issued on 
May 22, 1989.
    (B) Permit No. 4119R5 for Burlington Industries issued on March 3, 
1987.
    (ii) Additional material--none.
    (63) Miscellaneous revisions to the North Carolina State 
Implementation Plan which were submitted on July 14, 1989.
    (i) Incorporation by reference.
    (A) Revisions to North Carolina Administrative Code which became 
State effective on October 1, 1989 are as follows:

2D.0401, Purpose, as amended
2D.0404, Carbon Monoxide, as amended
2D.0407, Nitrogen Dioxide, as amended
2D.0501, Compliance with Emission Control Standards, (c)(3)
2D.0511, Particulates from Lightweight Aggregate Processes, (d)
2D.0516, Sulfur Dioxide Emissions from Combustion Sources, (a)
2D.0519, Control of Nitrogen Dioxide and Nitrogen Oxides Emissions, as 
amended
2H.0601, Purpose and Scope, (a), (c), and (d)
2H.0603, Applications, (d) and (e)
2H.0606, Delegation of Authority, as amended

    (ii) Additional material.
    (A) Letter of July 14, 1989 submitting the SIP revisions.
    (64) Revisions to the North Carolina State Implementation Plan which 
were submitted on July 15, 1987 and May 25, 1988.
    (i) Incorporation by reference.
    (A) Revisions to North Carolina Administrative Code effective as of 
July 1, 1988, are as follows:

2D.0530, Prevention Of Significant Deterioration, except (h).
2D.0531, Sources in Nonattainment Areas, except (d).
2D.0532, Sources Contributing to an Ambient Violation, except (d).

    (ii) Additional information--none.
    (65) Revisions to the North Carolina SIP which include the Forsyth 
County, Western North Carolina and Mecklenburg County regulations which 
were submitted on June 14, 1990.
    (i) Incorporation by reference.
    (A) The entire set of Forsyth County Air Quality Control Code 
regulations effective December 19, 1988, except for section 3-152(2), 3-
155, 3-158, 3-159, 3-160 and 3-169.
    (B) The entire set of Western North Carolina regulations effective 
March 13, 1985 and November 9, 1988, except for Sections 1-137(g), 1-
139, 1-144, 1-152(2), 1-158 and 1-159.
    (C) The entire set of Mecklenburg County regulations effective April 
3, 1989, except for Sections 2.0517(2), 2.0524, 2.0525, 2.0528, 2.0529, 
2.0534, 2.0537.
    (ii) Additional material--none.
    (66) The maintenance plan and emission inventory for Greensboro/
Winston-Salem/Highpoint Area which includes Davidson County, Davis 
County (part) the area bounded by the Yadkin River, Dutchmans Creek, 
North Carolina Highway 801, Fulton Creek, and back to the Yadkin River, 
Forsyth County and Guilford County, submitted by the North Carolina 
Department of Environment, Health, and Natural Resources on November 13, 
1992, and June 1, 1993, as part of the North Carolina SIP.
    (i) Incorporation by reference.
    (A) Supplement to the Redesignation Demonstration and Maintenance 
Plan For Raleigh/Durham and Greensboro/Winston-Salem/High Point Ozone 
Attainment Areas submitted June 1, 1993,

[[Page 471]]

and Prepared by the North Carolina Department of Environment, Health, 
and Natural Resources, Division of Environmental Management, Air Quality 
Section. The effective date is July 8, 1993.
    (1) Section 2--Discussion of Attainment.
    (2) Section 3--Maintenance Plan.
    (3) Greensboro/Winston-Salem/High Point Nonattainment Area Emission 
Summary for 1990.
    (4) Greensboro/Winston-Salem/High Point Nonattainment Area Emission 
Summary for 1993.
    (5) Greensboro/Winston-Salem/High Point Nonattainment Area Emission 
Summary for 1996.
    (6) Greensboro/Winston-Salem/High Point Nonattainment Area Emission 
Summary for 1999.
    (7) Greensboro/Winston-Salem/High Point Nonattainment Area Emission 
Summary for 2002.
    (8) Greensboro/Winston-Salem/High Point Nonattainment Area Emission 
Summary for 2004.
    (ii) Other material. None
    (67) The maintenance plan and emission inventory for the Raleigh/
Durham Area which includes Durham County, Wake County, and the 
Dutchville Township portion of Granville County submitted by the North 
Carolina Department of Environment, Health, and Natural Resources on 
November 13, 1992, and June 1, 1993, as part of the North Carolina SIP.
    (i) Incorporation by reference.
    (A) Supplement to the Redesignation Demonstration and Maintenance 
Plan for the Greensboro/Winston-Salem/High Point and Raleigh/Durham 
Ozone Attainment Areas submitted June 1, 1993, and Prepared by the North 
Carolina Department of Environment, Health, and Natural Resources, 
Division of Environmental Management, Air Quality Section. The effective 
date is July 8, 1993.
    (1) Section 2--Discussion of Attainment.
    (2) Section 3--Maintenance Plan.
    (3) Raleigh/Durham Nonattainment Area Emission Summary for 1990.
    (4) Raleigh/Durham Nonattainment Area Emission Summary for 1993.
    (5) Raleigh/Durham Nonattainment Area Emission Summary for 1996.
    (6) Raleigh/Durham Nonattainment Area Emission Summary for 1999.
    (7) Raleigh/Durham Nonattainment Area Emission Summary for 2002.
    (8) Raleigh/Durham Nonattainment Area Emission Summary for 2004.
    (ii) Other material. None.
    (68) The North Carolina Department of Environmental Management 
submitted an Oxygenated Fuel program as part of North Carolina carbon 
monoxide SIP on November 20, 1992.
    (i) Incorporation by reference.
    (A) The North Carolina Environmental Commission regulations 15A NCAC 
2D.1301 through .1305 effective September 1, 1992.
    (B) The North Carolina Gasoline and Oil Board section .0800 through 
.0806 effective September 1, 1992.
    (ii) Other material. None.
    (69) Revisions to the VOC portion of the North Carolina SIP to 
correct deficiencies submitted on September 21, 1989, January 14, 1991, 
and April 29, 1991, and July 19, 1993, revisions to VOC regulations of 
the Mecklenburg County Department of Environmental Protection submitted 
on August 13, 1991.
    (i) Incorporation by reference.
    (A) Amendments to the North Carolina regulations 15 NCAC 2D.0101, 
.0531, .0901 except (12) and (28), .0913(b), .0917 except (d), .0918 
except (d), .0919 except (d), .0920 except (e), .0921 except (d), .0922 
except (d), .0923 except (e), .0924 except (d), .0925 except (d)(1), 
.0926 except (g), .0927, .0928 except (e), .0929 except (d), .0930 
except (e)(3) and (f)(2), .0931, .0932, .0933 except (f), .0934 except 
(e), .0935, .0936, .0937, .0938, .0941, and 2H.0603 effective December 
1, 1989.
    (B) Amendments to the North Carolina regulations 15 NCAC 2D.0901 
(28), .0902(c), .0913(a), .0925(d)(1), .0926(g), .0928(e), .0929(d), 
.0930 (e)(3) and (f)(2), .0933(f), .0943 (a) (8) and (10) which were 
effective March 1, 1991.
    (C) Amendments to the North Carolina regulations 15 NCAC 
2D.0901(12), .0917(d), .0918(d), .0919(d), .0920(e), .0921(d), .0922(d), 
.0923(e), .0924(d), and .0934(e) effective on July 1, 1991.
    (D) Amendments to the North Carolina regulations 15 NCAC 2D.0903 and 
2D.0912 effective on July 1, 1993.
    (E) Amendments to the Mecklenburg County Department of Environmental 
Protection regulations 2.0901, 2.0902,

[[Page 472]]

2.0913, 2.0925, 2.0926, 2.0928, 2.0929, 2.0930, 2.0933, 2.0934, 2.0943, 
2.0944 effective March 1, 1991.
    (F) Amendments to the Mecklenburg County Department of Environmental 
Protection regulations 2.0903, 2.0912 effective July 1, 1991.
    (ii) Other material. None.
    (70) The minor source operating permit program for Mecklenburg 
County, North Carolina, submitted by the Mecklenburg County Department 
of Environmental Protection on November 24, 1993, and as part of the 
Mecklenburg County portion of the North Carolina SIP.
    (i) Incorporation by reference.
    MCAPCO Regulations 1.5211 through 1.5214, 1.5216, 1.5219, 1.5221, 
1.5222, 1.5232, 1.5234, and 1.5306 of the Mecklenburg County portion of 
the North Carolina SIP adopted June 6, 1994.
    (ii) Other material. None.
    (71) The PSD NOx increment regulations and other miscellaneous 
revisions to the North Carolina State Implementation Plan which were 
submitted on March 3, 1993.
    (i) Incorporation by reference.
    (A) North Carolina regulations 15 NCAC 2D.0103, 2D.0104, 2D.0401, 
2D.0521, 2D.0530, 2D.0531, 2D.0532, 2H.0603, 2H.0607, and 2H.0609 
effective on December 1, 1992.
    (ii) Other material. None.
    (72) The NSR regulations to the North Carolina State Implementation 
Plan which were submitted on January 7, 1994.
    (i) Incorporation by reference.
    (A) North Carolina regulations 15A NCAC 2D.0531, and 2D.0532 
effective on December 1, 1993.
    (ii) Other material.
    (A) Letter of January 7, 1993, from the North Carolina Division of 
Environmental Management.
    (73) Revisions to the State of North Carolina State Implementation 
Plan (SIP) concerning emission statements were submitted on August 15, 
1994, by the North Carolina Department of Environment, Health and 
Natural Resources.
    (i) Incorporation by reference.
    Revisions to North Carolina Regulation 15A NCAC 2Q .0207, effective 
July 1, 1994.
    (ii) Other material. None.
    (74) The minor source operating permit programs for the State of 
North Carolina, Western North Carolina Regional Air Pollution Control 
Board, and Forsyth County Department of Environmental Affairs submitted 
by the North Carolina Department of Environment, Health, and Natural 
Resources on May 31, 1994, June 1, 1994, and September 15, 1994, as part 
of the North Carolina SIP.
    (i) Incorporation by reference.
    (A) Regulations 15A NCAC 2Q.0103, 15A NCAC 2Q.0301, 15A NCAC 2Q.0303 
through 15A NCAC 2Q.0311 of the North Carolina SIP as adopted by the 
North Carolina Environmental Management Commission on May 12, 1994 and 
which became effective on July 1, 1994.
    (B) Regulations 15A NCAC 2Q.0103, 15A NCAC 2Q.0301, 15A NCAC 2Q.0303 
through 15A NCAC 2Q.0311 of the North Carolina SIP as adopted by 
reference by the Western North Carolina Regional Air Pollution Control 
Board (WNCRAPCB) on September 12, 1994 and which were made effective 
September 12, 1994.
    (C) Regulations Subchapter 3Q.0103, Subchapter 3Q.0301, Subchapter 
3Q.0303 through Subchapter 3Q.0311 of the Forsyth County portion of the 
North Carolina SIP as adopted and made effective by the Forsyth County 
Board of Commissioners on May 23, 1994.
    (ii) Other material. None.
    (75) The redesignation and maintenance plan for Winston-Salem/
Forsyth County submitted by the North Carolina Department of 
Environmental Management on April 27, 1994, as part of the North 
Carolina SIP. The emission inventory projections are included in the 
maintenance plan.
    (i) Incorporation by reference.
    (A) Maintenance Plan for the Forsyth County Carbon Monoxide 
Nonattainment Area adopted on April 14, 1994.
    (ii) Other material. None.
    (76) The North Carolina Department of Environment, Health and 
Natural Resources submitted revisions to the North Carolina State 
Implementation Plan on November 2, 1989. These revisions incorporate 
SO2 limits and permit conditions for Texasgulf, Incorporated.
    (i) Incorporation by reference.

[[Page 473]]

    (A) Permit for Texasgulf, Incorporated (air permit no. 2331R10) 
which was issued by the Environmental Management Commission on October 
13, 1989.
    (ii) Additional material-none.
    (77) Revisions to the VOC RACT regulations, and other miscellaneous 
revisions to the North Carolina State Implementation Plan which were 
submitted on January 7, 1994.
    (i) Incorporation by reference.
    (A) Amendments to North Carolina regulations 15A NCAC 2D .0518, 
2D.0531, 2D.0532, 2D.0901, and 2D.0936, effective on December 1, 1993.
    (B) Amendments to North Carolina regulations 15A NCAC 2D.0902, 
2D.0907, 2D.0910, 2D.0911, 2D.0947, 2D.0948, 2D.0949, 2D.0950, 2D.0951, 
and 2D.0952 effective on July 1, 1994.
    (ii) Other material. None.
    (78) Miscellaneous revisions to the North Carolina State 
Implementation Plan which were submitted on May 15, 1991.
    (i) Incorporation by reference. (A) Amendments to North Carolina 
regulations 15A NCAC 2D.0103, 2D.0503, 2D.0530, 2D.0536, 2H.0601, and 
2H.0607, of the North Carolina State Implementation Plan submitted on 
May 15, 1991, which were state effective on August 1, 1991.
    (ii) Other material. None
    (79) The North Carolina Department of Environment, Health and 
Natural Resources has submitted revisions to the North Carolina SIP on 
July 19, 1993. These revisions address the requirements of section 507 
of title V of the CAA and establish the Small Business Stationary Source 
Technical and Environmental Assistance Program (PROGRAM).
    (i) Incorporation by reference.
    (A) North Carolina's Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program which was adopted on May 12, 
1994.
    (ii) Other material. None.
    (80) Modifications to the existing basic I/M program in North 
Carolina submitted on July 19, 1993, January 17, 1992, and September 24, 
1992. Addition of regulations .1001 through .1005 establishes the I/M 
program.
    (i) Incorporation by reference.
    (A) Regulation .1001 and .1003, effective on December 1, 1982.
    (B) Regulation .1002 effective on July 1, 1994.
    (C) Regulation .1004 effective on July 1, 1993.
    (D) Regulation .1005 effective on April 1, 1991.
    (E) Specification for the North Carolina Analyzer System adopted 
December 12, 1991.
    (ii) Other material. None.
    (81) The VOC revision to the North Carolina State Implementation 
Plan which were submitted on October 14, 1994.
    (i) Incorporation by reference. Addition of new North Carolina 
regulations 15A NCAC 2D .0518 which was state effective on September 1, 
1994.
    (ii) Other material. None.
    (82) The redesignation and maintenance plan for Raleigh/Durham and 
Charlotte submitted by the North Carolina Department of Environmental 
Management on October 7, 1994 and August 9, 1991, as part of the North 
Carolina SIP. The emission inventory projections are included in the 
maintenance plans.
    (i) Incorporation by reference. Section 3 of the Redesignation 
Demonstration and Maintenance Plan for Raleigh/Durham, Winston-Salem, 
and Charlotte Carbon Monoxide Nonattainment Area adopted on September 8, 
1994.
    (ii) Other material. None.
    (83) The maintenance plan and redesignation request for the 
Charlotte-Gastonia area which include Mecklenburg and Gaston Counties 
submitted by the State of North Carolina on November 12, 1993.
    (i) Incorporation by reference.
    (A) The following subsections of Section 3.0, entitled Maintenance 
Plan, in the Supplement to the Redesignation Demonstration and 
Maintenance Plan for the Charlotte/Gaston Ozone Nonattainment Area 
adopted by the North Carolina Environmental Management Commission on May 
11, 1995: 3.1 Concept of North Carolina's Maintenance Plan; 3.2 
Foundation Control Program; Table 3.2 of Subsection 3.3; and 3.4 
Contingency Plan.
    (ii) Other material. None.
    (84) The VOC RACT regulations, NSR regulations, and other 
miscellaneous

[[Page 474]]

revisions to the North Carolina State Implementation Plan which were 
submitted on August 15, 1994.
    (i) Incorporation by reference.
    (A) Addition of new North Carolina regulations 15A NCAC 2D .0805 and 
.0806 and 15A NCAC 2Q .0101 through .0111, and .0601 through .0607. 
effective on July 1, 1994.
    (B) Amendments to North Carolina regulations 15A NCAC 2D .0101, 
.0501, .0503, .0530, .0531, .0532, .0533, .0601, .0801, .0802, .0803, 
and .0804 effective on July 1, 1994.
    (ii) Other material. None.
    (85) The VOC revisions to the North Carolina State Implementation 
Plan which were submitted on March 3, 1995, and on May 24, 1995.
    (i) Incorporation by reference.
    (A) Regulations 15A NCAC 2D .0955, .0956, and .0957 effective on 
April 1, 1995.
    (B) Regulations 15A NCAC 2D .0950, and .0104 effective on May 1, 
1995.
    (ii) Other material. None.
    (86) The PM-10 rules, Stack Testing Methods and other miscellaneous 
revisions to the North Carolina State Implementation Plan which were 
submitted on March 23, 1995.
    (i) Incorporation by reference. Addition of new North Carolina rules 
15A NCAC 2D .0501, .0516, and .0530 which were state effective on 
February 1, 1995.
    (ii) Other material. None.
    (87) Recodifications to the Forsyth County Air Quality Control 
Ordinance and Technical Code and other miscellaneous revisions to the 
North Carolina State Implementation Plan which were submitted on March 
7, 1995.
    (i) Incorporation by reference.
    Forsyth County Air Quality Control Ordinance and Technical Code 
effective on December 19, 1994. Subchapter 3A, Air Quality Control; 
Subchapter 3B, Relationship to State Code; Subchapter 3D, Air Pollution 
Control Requirements; Subchapter 3H, Section .0600 Air Quality Permits; 
and Subchapter 3Q, Air Quality Permits.
    (ii) Other material. None.
    (88) The VOC RACT regulations, NSR regulations, and other 
miscellaneous revisions to the North Carolina State Implementation Plan 
which were submitted on August 15, 1994. The Stage II regulations and 
other miscellaneous revisions to the North Carolina State Implementation 
Plan which were submitted on May 24, 1995.
    (i) Incorporation by reference.
    (A) Regulations 15A NCAC 2D .0531, .0909, .0928, .0932, .0933, and 
.0953 effective on July 1, 1994.
    (B) Regulations 15A NCAC 2D .0902, .0907, .0910, .0911, .0952, and 
.0954 effective on May 1, 1995.
    (ii) Other material. None.
    (89) Exclusionary rules for the State of North Carolina Department 
of Environment, Health, and Natural Resources and the Forsyth County 
Department of Environmental Affairs submitted by the North Carolina 
Department of Environment, Health, and Natural Resources on August 8, 
1995, and December 28, 1995, respectively, as part of the North Carolina 
SIP.
    (i) Incorporation by reference.
    (A) Regulations 15A NCAC 2Q.0801 through 15A NCAC 2Q.0807 of the 
North Carolina SIP as adopted by the North Carolina Environmental 
Management Commission on June 8, 1995, and which became effective on 
August 1, 1995.
    (B) Regulations Subchapter 3Q.0801 through Subchapter 3Q.0807 of the 
Forsyth County portion of the North Carolina SIP as adopted and made 
effective by the Forsyth County Board of Commissioners on November 13, 
1995.
    (ii) Other material. None.
    (90) The VOC regulations and other miscellaneous revisions to the 
Forsyth County Local Implementation Plan which were submitted on 
December 28, 1995, and November 29, 1995.
    (i) Incorporation by reference.
    (A) Amendments to Forsyth County regulations Subchapter 3D .0104(a), 
.0531 (e)-(k), .0902 (a)-(h), .0907 (a)-(c), .0909 (a, c, d, e, and g), 
.0910 (a)-(d), .0911, .0950 (a and b), .0952 (a)-(c) and .0954 (f, h, k) 
adopted into the Air Quality Control Technical Code on November 13, 
1995.
    (B) Amendments to Forsyth County regulations Subchapter 3D .0501 
(a)-(h), .0516 (a and b), .0518 (a)-(g), and .0530 (a)-(s), adopted into 
the Air Quality Control Technical Code on August 14, 1995.
    (C) Subchapter 3D .0955, .0956, and .0957 adopted into the Air 
Quality Control Technical Code on August 14, 1995.
    (ii) Other material. None.

[[Page 475]]

    (91) The North Carolina Department of Environment, Health and 
Natural Resources submitted revisions to the North Carolina State 
Implementation Plan on September 21, 1989. These revisions incorporate 
SO2 limits and permit conditions for Cape Industries.
    (i) Incorporation by reference.
    (A) Permit for Cape Industries (air permit no. 130R17) which was 
issued by the Environmental Management Commission on December 29, 1994.
    (ii) Additional material--none.
    (92)-(93) [Reserved]
    (94) The miscellaneous revisions to the North Carolina State 
Implementation Plan, which were submitted on August 16, 1996.
    (i) Incorporation by reference. Regulations 15A NCAC 2D. 0101 
Definitions, .0501 Compliance with Emission Control Standards, .0516 
Sulfur Dioxide Emissions Combustion Sources, .0518 Miscellaneous 
Volatile Organic Compounds Emissions, .0519 Control of Nitrogen Dioxide 
and Nitrogen Oxides Emissions, .0520 Control and Prohibition of Open 
Burning, .0521 Control of Visible Emissions, .0531 sources in 
Nonattainment Areas, .0535 Excess Emissions Reporting and Malfunctions, 
.0601 Purpose and Scope, .0604 Sources Covered by Implementation Plan 
Requirements, .0608 Program Schedule, .0804 Airport Facilities, .0805 
Parking Facilities, .0901 Definitions, .0902 Applicability, .0917 
Automobile and Light-Duty Truck Manufacturing, .0918 Can Coating, .0919 
Coil Coating, .0920 Paper Coating, .0921 Fabric and Vinyl Coating, .0922 
Metal Furniture Coating, .0923 Surface Coating of Large Appliances, 
.0924 Magnet Wire Coating, .0926 Bulk Gasoline Plants, .0927 Bulk 
Gasoline Terminals, .0928 Gasoline Service Stations Stage 1, .0929 
Petroleum Refinery Sources, .0934 Coating of miscellaneous Metal Parts 
and Products, .0935 Factory Surface Coating of Flat Wood Paneling, .0937 
Manufacture of Pneumatic Rubber Tires, .0951 Miscellaneous Volatile 
Organic Compound Emissions, .0953 Vapor Return Piping for Stage II Vapor 
Recovery, .0954 Stage II Vapor Recovery, .1901, Purpose, Scope, and 
Impermissible Open Burning, .1902 Definitions, .1903 Permissible Open 
Burning Without a Permit, .1904 Air Curtain Burners. 15A NCAC 2Q .0103 
Definitions, .0109 Compliance Schedule for Previously Exempted 
Activities, .0207 Annual Emissions Reporting, and .0311 permitting of 
Facilities at Multiple Temporary Sites effective on July 1, 1996.
    (ii) Other material. None.
    (95) [Reserved]
    (96) The miscellaneous revisions to the North Carolina State 
Implementation Plan, which were submitted on October 10, 1997.
    (i) Incorporation by reference.

                   Subchapter 31A--Air Quality Control

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

            Subchapter 3D--Air Pollution Control Requirements

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

                   Subchapter 3Q--Air Quality Permits

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

    (ii) Other material. None.
    (97) The miscellaneous revisions to the Forsyth County Local 
Implementation Plan, which were submitted on January 17, 1997 and 
November 6, 1998.
    (i) Incorporation by reference.
    (A) 3D .0104 Incorporation By Reference 3D .0531; Sources In 
Nonattainment Areas; 3D .0907, Compliance Schedules for Sources in 
Nonattainment Areas; 3D .0909, Compliance Schedules for Sources in New 
Nonattainment Areas; 3D .0910 Alternative Compliance Schedules; 3D .0911 
Exception From Compliance Schedules; 3D

[[Page 476]]

.0950 Interim Standards for Certain Source Categories; 3D .0952 Petition 
For Alternative Controls; 3D .0954 Stage II Vapor Recovery and 3Q 
Section .0800 Exclusionary Rules effective on November 13, 1995.
    (B) 3A .0106 Penalties for Violation of Chapter; 3A .0110 CFR Dates; 
and 3A .0112 ASTM Dates; 3D.0101 Definitions; 3D .0506, Particulates 
from Hot Mix Asphalt Plants; 3D .0507, Particulates From Chemical 
Fertilizer Manufacturing Plants; 3D .0508 Particulates From Pulp and 
Paper Mills; 3D .0509 Particulates From Mica or Feldspar Processing 
Plants; 3D .0510 Particulates from Sand, Gravel, or Crushed Stone 
Operations and 3D .0511 Particulates from Lightweight Aggregate 
Processes 3D .0515 Particulates From Miscellaneous Industrial Processes; 
3D .0521, Control of Visible Emissions; 3D .0535, Excess Emissions 
Reporting and Malfunctions; 3D .0914 Determination of VOC Emission 
Control System Efficiency; 3D .0927 Bulk Gasoline Terminals; 3D .0938 
Perchloroethylene Dry Cleaning System (Repealed); 3D .0953 Vapor Return 
Piping for Stage II Vapor Recovery 3Q .0101 Required Air Quality 
Permits; 3Q .0102 Activities Exempted From Permit Requirements; 3Q . 
0103 Definitions; 3Q .0207 Annual Emissions Reporting; 3Q .0301 
Applicability; 3Q .0302 Facilities not Likely to Contravene 
Demonstration; 3Q .0306 Permits Requiring Public Participation; 3Q .0312 
Application Processing Schedule; 3Q .0607 Application Processing 
Schedule; 3Q .0805 Grain Elevators; 3Q .0806 Cotton Gin; and 3Q .0807 
Emergency Generators effective on September 14, 1998.
    (ii) Other material. None.

[37 FR 10884, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1783, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1784  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the 
State of North Carolina and for which requirements are set forth under 
the Federal CAIR NOX Annual Trading Program in subparts AA 
through II of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the North Carolina State 
Implementation Plan (SIP) as meeting the requirements of CAIR for 
PM2.5 relating to NOX under Sec. 51.123 of this 
chapter, except to the extent the Administrator's approval is partial or 
conditional or unless such approval is under Sec. 51.123(p) of this 
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX allowances to 
sources in the State for any years, the provisions of part 97 of this 
chapter authorizing the Administrator to complete the allocation of CAIR 
NOX allowances for those years shall continue to apply, 
unless the Administrator approves a SIP provision that provides for the 
allocation of the remaining CAIR NOX allowances for those 
years.
    (b)(1) The owner and operator of each NOX source located 
within the State of North Carolina and for which requirements are set 
forth under the Federal CAIR NOX Ozone Season Trading Program 
in subparts AAAA through IIII of part 97 of this chapter must comply 
with such applicable requirements. The obligation to comply with these 
requirements in part 97 of this chapter will be eliminated by the 
promulgation of an approval by the Administrator of a revision to the 
North Carolina State Implementation Plan (SIP) as meeting the 
requirements of CAIR for ozone relating to NOX under Sec. 
51.123 of this chapter, except to the extent the Administrator's 
approval is partial or conditional or unless such approval is under 
Sec. 51.123(ee) of this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX Ozone Season 
allowances to sources in the State for any years, the provisions of part 
97 of this chapter authorizing the Administrator to complete the 
allocation of CAIR

[[Page 477]]

NOX Ozone Season allowances for those years shall continue to 
apply, unless the Administrator approves a SIP provision that provides 
for the allocation of the remaining CAIR NOX Ozone Season 
allowances for those years.

[72 FR 62352, Nov. 2, 2007]



Sec. 52.1785  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within 
the State of North Carolina and for which requirements are set forth 
under the Federal CAIR SO2 Trading Program in subparts AAA 
through III of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the North Carolina State 
Implementation Plan as meeting the requirements of CAIR for 
PM2.5 relating to SO2 under Sec. 51.124 of this 
chapter, except to the extent the Administrator's approval is partial or 
conditional or unless such approval is under Sec. 51.124(r) of this 
chapter.

[72 FR 62353, Nov. 2, 2007]



                         Subpart JJ_North Dakota



Sec. 52.1820  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan for North Dakota under section 110 of the Clean Air 
Act, 42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air 
quality standards or other requirements under the Clean Air Act.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c), (d), and (e) of this section with an EPA approval date prior to 
July 31, 2006, was approved for incorporation by reference by the 
Director of the Federal Register in accordance with 5 U.S.C. Sec. 
552(a) and 1 CFR part 51. Material is incorporated as submitted by the 
state to EPA, and notice of any change in the material will be published 
in the Federal Register. Entries for paragraphs (c), (d), and (e) of 
this section with EPA approval dates after July 31, 2006, will be 
incorporated by reference in the next update to the SIP compilation.
    (2) EPA Region 8 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated state 
rules/regulations which have been approved as part of the State 
Implementation Plan as of July 31, 2006.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, Region 8, 1595 Wynkoop 
Street, Denver, Colorado, 80202-1129; Air and Radiation Docket and 
Information Center, EPA West Building, 1301 Constitution Ave., NW., 
Washington, DC 20460; and the National Archives and Records 
Administration (NARA). If you wish to obtain materials from a docket in 
the EPA Headquarters Library, please call the Office of Air and 
Radiation (OAR) Docket/Telephone number (202) 566-1742. For information 
on the availability of this material at NARA, call (202) 741-6030, or go 
to: http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (c) EPA approved regulations.

                                        State of North Dakota Regulations
----------------------------------------------------------------------------------------------------------------
                                                               State
         State citation                 Title/subject        effective    EPA approval date      Explanations
                                                                date      and  citation \1\
----------------------------------------------------------------------------------------------------------------
                                           33-15-01 General Provisions
----------------------------------------------------------------------------------------------------------------
33-15-01-01.....................  Purpose.................      10/1/87  5/12/89, 54 FR
                                                                          20574.
33-15-01-02.....................  Scope...................      10/1/87  5/12/89, 54 FR
                                                                          20574.
33-15-01-03.....................  Authority...............       9/1/97  4/2/04, 69 FR 17302

[[Page 478]]

 
33-15-01-04.....................  Definitions.............       1/1/07  5/27/08, 73 FR
                                                                          30308.
33-15-01-05.....................  Abbreviations...........       1/1/07  5/27/08, 73 FR
                                                                          30308.
                                  Except the following           1/1/89  8/9/90, 55 FR 32403
                                   abbreviations: CFR,
                                   PM10, scmh, TSP, & ohm.
33-15-01-06.....................  Entry onto premises--         10/1/87  5/12/89, 54 FR
                                   Authority.                             20574.
33-15-01-07.....................  Variances: Subsection 1       10/1/87  5/12/89, 54 FR
                                   and Subsection 2.             6/1/90   20574.
                                                                         6/26/92, 57 FR
                                                                          28619.
33-15-01-08.....................  Circumvention...........       6/1/90  6/26/92, 57 FR
                                                                          28619.
33-15-01-09.....................  Severability............      10/1/87  5/12/89, 54 FR
                                                                          20574.
33-15-01-10.....................  Land use plans and            10/1/87  5/12/89, 54 FR
                                   zoning regulations.                    20574.
33-15-01-11.....................  Reserved................      10/1/87  5/12/89, 54 FR
                                                                          20574.
33-15-01-12.....................  Measurements of                6/1/01  2/28/03, 68 FR 9565
                                   emissions of air
                                   contaminants.
33-15-01-13.....................  Shutdown and malfunction      10/1/87  5/12/89, 54 FR       Excluding
                                   of an installation--                   20574.               subsection 2(b)
                                   Requirements for                                            which was
                                   notification.                                               subsequently
                                                                                               revised and
                                                                                               approved. See
                                                                                               below.
33-15-01-13.2(b)................  Malfunctions............       9/1/97  8/27/98, 63 FR
                                                                          45722.
33-15-01-14.....................  Time schedule for             10/1/87  5/12/89, 54 FR
                                   compliance.                            20574.
33-15-01-15.....................  Prohibition of air             6/1/01  2/28/03, 68 FR 9565
                                   pollution.
33-15-01-16.....................  Confidentiality of            10/1/87  5/12/89, 54 FR
                                   records.                               20574.
33-15-01-17.....................  Enforcement.............       3/1/03  10/21/04, 69 FR
                                                                          61762.
33-15-01-18.....................  Compliance                     3/1/03  10/21/04, 69 FR
                                   certifications.                        61762.
----------------------------------------------------------------------------------------------------------------
                                     33-15-02 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
33-15-02-01.....................  Scope...................      10/1/87  5/12/89, 54 FR
                                                                          20574.
33-15-02-02.....................  Purpose.................      10/1/87  5/12/89, 54 FR
                                                                          20574.
33-15-02-03.....................  Air quality guidelines..      10/1/87  5/12/89, 54 FR
                                                                          20574.
33-15-02-04.....................  Ambient air quality            9/1/98  8/31/99, 64 FR       See additional
                                   standards.                             47395.               interpretive
                                                                                               materials cited
                                                                                               in 64 FR 47395, 8/
                                                                                               31/99.
33-15-02-05.....................  Method of sampling and        12/1/94  10/8/96, 61 FR
                                   analysis.                              52865.
33-15-02-06.....................  Reference conditions....      10/1/87  5/12/89, 54 FR
                                                                          20574.
33-15-02-07.....................  Concentration of air          10/1/87  5/12/89, 54 FR       Excluding
                                   contaminants in the                    20574.               subsection 3 and
                                   ambient air restricted.                                     4 which were
                                                                                               subsequently
                                                                                               revised and
                                                                                               approved. See
                                                                                               below.
33-15-02, Table 1...............  Ambient Air Quality           12/1/94  10/8/96, 61 FR
                                   Standards.                             52865.
33-15-02-07.3, 33-15-02-07.4 and  Concentration of air           9/1/98  8/31/99, 64 FR       See additional
 33-15-02, Table 2.                contaminants in the                    47395.               interpretive
                                   ambient air restricted                                      materials cited
                                   and National Ambient                                        in 64 FR 47395, 8/
                                   Air Quality Standards                                       31/99.
                                   table.
----------------------------------------------------------------------------------------------------------------

[[Page 479]]

 
                                33-15-03 Restrictions of Visible Air Contaminants
----------------------------------------------------------------------------------------------------------------
33-15-03-01.....................  Restrictions applicable       10/1/87  5/12/89, 54 FR
                                   to existing                            20574.
                                   installations.
33-15-03-02.....................  Restrictions applicable       10/1/87  5/12/89, 54 FR
                                   to new installations                   20574.
                                   and all incinerators.
33-15-03-03.....................  Restrictions applicable       10/1/87  5/12/89, 54 FR
                                   to fugitive emissions.                 20574.
33-15-03-03.1...................  Restrictions applicable       10/1/87  5/12/89, 54 FR
                                   to flares.                             20574.
33-15-03-04.....................  Exceptions..............       2/1/82  11/12/82, 47 FR
                                                                          51131.
33-15-03-05.....................  Method of measurement...      10/1/87  5/12/89, 54 FR
                                                                          20574.
----------------------------------------------------------------------------------------------------------------
                                       33-15-04 Open Burning Restrictions
----------------------------------------------------------------------------------------------------------------
33-15-04-01.....................  Refuse Burning                 1/1/07  5/27/08, 73 FR
                                   Restrictions.                          30308.
33-15-04-02.....................  Permissible Open Burning       1/1/96  4/21/97, 62 FR       Excluding
                                                                          19224.               subsections 1.b,
                                                                                               1.e, 1.g, and 2.k
                                                                                               which were
                                                                                               subsequently
                                                                                               revised and
                                                                                               approved. See
                                                                                               below.
33-15-04-02.1.b, 33-15-04-        Permissible Open Burning       1/1/07  5/27/08, 73 FR
 02.1.e, m, 33-15-04-02.1.g, and                                          30308.
 33-15-04-02.2.k.
----------------------------------------------------------------------------------------------------------------
                               33-15-05 Emissions of Particulate Matter Restricted
----------------------------------------------------------------------------------------------------------------
33-15-05-01.....................  Restrictions of               10/1/87  5/12/89, 54 FR
                                   emissions of                           20574.
                                   particulate matter from
                                   industrial processes.
33-15-05-02.....................  Maximum allowable              3/1/03  10/21/04, 69 FR
                                   emissions of                           61762.
                                   particulate matter from
                                   fuel burning equipment
                                   used for indirect
                                   heating.
33-15-05-03.....................  Incinerators (repealed).       8/1/95  4/21/97, 62 FR
                                                                          19224.
33-15-05-03.1...................  Infectious waste              7/12/00  2/28/03, 68 FR 9565
                                   incinerators (repealed).
33-15-05-03.2...................  Refuse incinerators.....       8/1/95  4/21/97, 62 FR
                                                                          19224.
33-15-05-03.3...................  Other waste incinerators       3/1/03  10/21/04, 69 FR
                                                                          61762.
33-15-05-04.....................  Methods of measurement..       3/1/03  10/21/04, 69 FR
                                                                          61762.
----------------------------------------------------------------------------------------------------------------
                                33-15-06 Emissions of Sulfur Compounds Restricted
----------------------------------------------------------------------------------------------------------------
33-15-06-01.....................  Restrictions of                3/1/03  10/21/04, 69 FR      See additional
                                   emissions of sulfur                    61762.               interpretive
                                   dioxide from use of                                         materials cited
                                   fuel.                                                       in 63 FR 45722, 8/
                                                                                               27/98.
33-15-06-02.....................  Restrictions of                6/1/92  10/20/93, 58 FR
                                   emissions of sulfur                    54041.
                                   oxides from industrial
                                   processes.
33-15-06-03.....................  Methods of measurement..       3/1/03  10/21/04, 69 FR
                                                                          61762.
33-15-06-04.....................  Continuous emission            6/1/92  10/20/93, 58 FR
                                   monitoring requirements.               54041.
33-15-06-05.....................  Reporting and                  6/1/92  10/20/93, 58 FR
                                   recordkeeping                          54041.
                                   requirements.
----------------------------------------------------------------------------------------------------------------
                                 33-15-07 Control of Organic Compounds Emissions
----------------------------------------------------------------------------------------------------------------
33-15-07-01.....................  Requirements for               6/1/92  8/21/95, 60 FR       Excluding
                                   construction of organic                43396.               subsection 1
                                   compounds facilities.                                       which was
                                                                                               subsequently
                                                                                               revised and
                                                                                               approved. See
                                                                                               below.

[[Page 480]]

 
33-15-07-01.1...................  Scope...................       9/1/98  8/31/99, 64 FR
                                                                          47395.
33-15-07-02.....................  Requirements for organic       6/1/92  8/21/95, 60 FR
                                   compounds gas disposal.                43396.
----------------------------------------------------------------------------------------------------------------
              33-15-08 Control of Air Pollution From Vehicles and Other Internal Combustion Engines
----------------------------------------------------------------------------------------------------------------
33-15-08-01.....................  Internal combustion            7/1/78  11/2/79, 44 FR
                                   engine emissions                       63102.
                                   restricted.
33-15-08-02.....................  Removal or disabling of        7/1/78  11/2/79, 44 FR
                                   motor vehicle pollution                63102.
                                   control devices
                                   prohibited.
----------------------------------------------------------------------------------------------------------------
                                         33-15-10 Control of Pesticides
----------------------------------------------------------------------------------------------------------------
33-15-10-01.....................  Pesticide use restricted      10/1/87  5/12/89, 54 FR
                                   Subsection 1 and              1/1/89   20574.
                                   Subsection 2.                         8/9/90, 55 FR 32403
33-15-10-02.....................  Restrictions on the           10/1/87  5/12/89, 54 FR       Excluding
                                   disposal of surplus                    20574.               subsections 2, 3,
                                   pesticides and empty                                        4, and 5 which
                                   pesticide containers.                                       were subsequently
                                                                                               revised and
                                                                                               approved. See
                                                                                               below.
33-15-10-02.2, 33-15-10-02.3, 33- Restrictions on the            1/1/89  8/9/90, 55 FR 32403
 15-10-02.4.                       disposal of surplus
                                   pesticides and empty
                                   pesticide containers.
33-15-10-02.5...................  Restrictions on the            6/1/90  6/26/92, 57 FR
                                   disposal of surplus                    28619.
                                   pesticides and empty
                                   pesticide containers.
----------------------------------------------------------------------------------------------------------------
                             33-15-11 Prevention of Air Pollution Emergency Episodes
----------------------------------------------------------------------------------------------------------------
33-15-11-01.....................  Air pollution emergency.      10/1/87  5/12/89, 54 FR
                                                                          20574.
33-15-11-02.....................  Air pollution episode         10/1/87  5/12/89, 54 FR
                                   criteria.                              20574.
33-15-11-03.....................  Abatement strategies          10/1/87  5/12/89, 54 FR
                                   emission reduction                     20574.
                                   plans.
33-15-11-04.....................  Preplanned abatement          10/1/87  5/12/89, 54 FR
                                   strategies plans.                      20574.
33-15-11-Table 6................  Air pollution episode          8/1/95  4/21/97, 62 FR
                                   criteria.                              19224.
33-15-11-Table 7................  Abatement strategies           8/1/95  4/21/97, 62 FR
                                   emission reduction                     19224.
                                   plans.
----------------------------------------------------------------------------------------------------------------
33-15-14 Designated Air Contaminant Sources, Permit to Construct, Minor Source Permit to Operate, Title V Permit
                                                   to Operate
----------------------------------------------------------------------------------------------------------------
33-15-14-01.....................  Designated air                 8/1/95  4/21/97, 62 FR
                                   contaminant sources.                   19224.
33-15-14-01.1...................  Definitions.............       1/1/96  4/21/97, 62 FR
                                                                          19224.

[[Page 481]]

 
33-15-14-02.....................  Permit to Construct.....       3/1/94  8/21/95, 60 FR       Excluding
                                                                          43396.               subsections 12,
                                                                                               3.c, 13.b.1, 5,
                                                                                               13.c, 13.i(5),
                                                                                               13.o, and 19 (one
                                                                                               sentence) which
                                                                                               were subsequently
                                                                                               revised and
                                                                                               approved. See
                                                                                               below.
                                                                                              See additional
                                                                                               interpretive
                                                                                               materials cited
                                                                                               in 57 FR 28619, 6/
                                                                                               26/92, regarding
                                                                                               the State's
                                                                                               commitment to
                                                                                               meet the
                                                                                               requirements of
                                                                                               EPA's ``Guideline
                                                                                               on Air Quality
                                                                                               Models
                                                                                               (Revised).''
33-15-14-02.5 and 33-15-14-       Review of application--        3/1/03  8/8/05, 70 FR 45539
 02.13.i(5).                       Standard for granting
                                   permits to construct
                                   and Exemptions.
33-15-14-02.12..................  [Reserved]..............     8/1/95 &  4/21/97, 62 FR       Moved this section
                                                                 1/1/96   19224.               related to fees
                                                                                               for Permit to
                                                                                               Construct to a
                                                                                               new chapter, 33-
                                                                                               15-23, Fees.
33-15-14-02.3.c.................  Alterations to a source.       9/1/98  8/31/99, 64 FR       See additional
                                                                          47395.               interpretive
                                                                                               materials cited
                                                                                               in 64 FR 47395, 8/
                                                                                               31/99.
33-15-14-02.13.b.1..............  Exemptions..............       6/1/01  2/28/03, 68 FR 9565
33-15-14-02.13.c and 33-15-14-    Exemptions..............       1/1/07  5/27/08, 73 FR
 02.13.o.                                                                 30308.
33-15-14-02.19 (one sentence--    Amendment of permits....       3/1/03  1/24/06, 71 FR 3764  Only one sentence
 see explanation).                                                                             was revised and
                                                                                               approved with
                                                                                               this action. That
                                                                                               sentence reads:
                                                                                               ``In the event
                                                                                               that the
                                                                                               modification
                                                                                               would be a major
                                                                                               modification as
                                                                                               defined in
                                                                                               Chapter 33-15-15,
                                                                                               the department
                                                                                               shall follow the
                                                                                               procedures
                                                                                               established in
                                                                                               Chapter 33-15-
                                                                                               15.'' The
                                                                                               remainder of
                                                                                               subsection 19 was
                                                                                               approved on 8/21/
                                                                                               95 (60 FR 43396).
                                                                                               See above.
33-15-14-03.....................  Minor source permit to         3/1/94  8/21/95, 60 FR       Excluding
                                   operate.                               43396.               subsections 10,
                                                                                               1.c, 4,
                                                                                               5.a(1)(d), 11,
                                                                                               and 16 (one
                                                                                               sentence) which
                                                                                               were subsequently
                                                                                               revised and
                                                                                               approved. See
                                                                                               below.
                                                                                              Also see 40 CFR
                                                                                               52.1834.

[[Page 482]]

 
33-15-14-03.10..................  [Reserved]..............     8/1/95 &  4/21/97, 62 FR       Moved this section
                                                                 1/1/96   19224.               related to fees
                                                                                               for Permit to
                                                                                               Operate to a new
                                                                                               chapter, 33-15-
                                                                                               23, Fees.
33-15-14-03.1.c.................  Permit to operate              6/1/01  2/28/03, 68 FR 9565
                                   required.
33-15-14-03.4, 33-15-14-          Performance testing,           3/1/03  8/8/05, 70 FR 45539
 03.5.a(1)(d) & 33-15-14-03.11.    action on applications,
                                   and performance and
                                   emission testing.
33-15-14-03.16 (One sentence--    Amendment of permits....       3/1/03  1/24/06, 71 FR 3764  Only one sentence
 see explanation).                                                                             was revised and
                                                                                               approved with
                                                                                               this action. That
                                                                                               sentence reads:
                                                                                               ``In the event
                                                                                               that the
                                                                                               modification
                                                                                               would be a major
                                                                                               modification as
                                                                                               defined in
                                                                                               Chapter 33-15-15,
                                                                                               the department
                                                                                               shall follow the
                                                                                               procedures
                                                                                               established in
                                                                                               Chapter 33-15-
                                                                                               15.'' The
                                                                                               remainder of
                                                                                               subsection 16 was
                                                                                               approved on 8/21/
                                                                                               95 (60 FR 43396).
                                                                                               See above.
33-15-14-04.....................  Permit fees (repealed)..       3/1/94  8/21/95, 60 FR
                                                                          43396.
33-15-14-05.....................  Common provisions              3/1/94  8/21/95, 60 FR
                                   applicable to both                     43396.
                                   permit to construct and
                                   permit to operate
                                   (repealed).
33-15-14-07.....................  Source exclusion from          6/1/01  2/28/03, 68 FR 9565
                                   title V permit to
                                   operate requirements.
----------------------------------------------------------------------------------------------------------------
                         33-15-15 Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
33-15-15-01.....................  General Provisions             2/1/05  7/19/07, 72 FR
                                   (Repealed).                            39564.
33-15-15-01.1...................  Purpose.................       2/1/05  7/19/07, 72 FR
                                                                          39564.
33-15-15-01.2...................  Scope...................       2/1/05  7/19/07, 72 FR
                                                                          39564.
33-15-15-02.....................  Reclassification........       2/1/05  7/19/07, 72 FR
                                                                          39564.
----------------------------------------------------------------------------------------------------------------
                                   33-15-17 Restriction of Fugitive Emissions
----------------------------------------------------------------------------------------------------------------
33-15-17-01.....................  General provisions--           6/1/01  2/28/03, 68 FR 9565
                                   applicability and
                                   designation of affected
                                   facilities.
33-15-17-02.....................  Restriction of fugitive        1/1/07  5/27/08, 73 FR
                                   particulate emissions.                 30308.
33-15-17-03.....................  Reasonable precautions        6/20/78  11/2/79, 44 FR
                                   for abating and                        63102.
                                   preventing fugitive
                                   particulate emissions.
33-15-17-04.....................  Restriction of fugitive       6/20/78  11/2/79, 44 FR
                                   gaseous emissions.                     63102.
----------------------------------------------------------------------------------------------------------------
                                             33-15-18 Stack Heights
----------------------------------------------------------------------------------------------------------------
 33-15-18-01....................  General provisions......      10/1/87  11/14/88, 53 FR
                                                                          45763.
33-15-18-02.....................  Good engineering              10/1/87  11/14/88, 53 FR
                                   practice demonstrations.               45763.
33-15-18-03.....................  Exemptions..............      10/1/87  11/14/88, 53 FR
                                                                          45763.
----------------------------------------------------------------------------------------------------------------

[[Page 483]]

 
                                         33-15-19 Visibility Protection
----------------------------------------------------------------------------------------------------------------
33-15-19-01.....................  General provisions......      10/1/87  9/28/88, 53 FR
                                                                          37757.
33-15-19-02.....................  Review of new major           10/1/87  9/28/88, 53 FR
                                   stationary sources and                 37757.
                                   major modifications.
33-15-19-03.....................  Visibility monitoring...      10/1/87  9/28/88, 53 FR
                                                                          37757.
----------------------------------------------------------------------------------------------------------------
                    33-15-20 Control of Emissions From Oil and Gas Well Production Facilities
----------------------------------------------------------------------------------------------------------------
33-15-20-01.....................  General provisions......       6/1/92  8/21/95, 60 FR
                                                                          43396.
33-15-20-02.....................  Registration and               6/1/92  8/21/95, 60 FR
                                   reporting requirements.                43396.
33-15-20-03.....................  Prevention of                  6/1/92  8/21/95, 60 FR
                                   significant                            43396.
                                   deterioration
                                   applicability and
                                   source information
                                   requirements.
33-15-20-04.....................  Requirements for control       6/1/90  6/26/92, 57 FR
                                   of production facility                 28619.
                                   emissions.
----------------------------------------------------------------------------------------------------------------
                                                  33-15-23 Fees
----------------------------------------------------------------------------------------------------------------
33-15-23-01.....................  Definitions.............       8/1/95  4/21/97, 62 FR
                                                                          19224.
33-15-23-02.....................  Permit to construct fees       8/1/95  4/21/97, 62 FR
                                                                          19224.
33-15-23-03.....................  Minor source permit to         8/1/95  4/21/97, 62 FR
                                   operate fees.                          19224 .
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

     (d) EPA-approved source-specific requirements.

----------------------------------------------------------------------------------------------------------------
                                                               State
         Name of source             Nature of requirement    effective    EPA approval date      Explanations
                                                                date       and citation \3\
----------------------------------------------------------------------------------------------------------------
--Leland Olds Station Units 1 &   SIP Chapter 8, Section         5/6/77  10/17/77, 42 FR
 2.                                8.3, Continuous                        55471.
                                   Emission Monitoring
                                   Requirements for
                                   Existing Stationary
                                   Sources, including
                                   amendments to Permits
                                   to Operate and
                                   Department Order.
--Milton R. Young Unit 1........
--Heskett Station Units 1 & 2...
--Stanton Station Unit 1........
--American Crystal Sugar at
 Drayton.
--Tesoro Mandan Refinery........  SIP Chapter 8, Section        2/27/07  5/27/08, 73 FR
                                   8.3.1, Continuous                      30308.
                                   Opacity Monitoring for
                                   Fluid Bed Catalytic
                                   Cracking Units: Tesoro
                                   Refining and Marketing
                                   Co., Mandan Refinery.
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

    (e) EPA-approved nonregulatory provisions.

[[Page 484]]



----------------------------------------------------------------------------------------------------------------
                                                               State
                                                             submittal
    Name of nonregulatory SIP     Applicable geographic or     date/      EPA approval date      Explanations
            provision                non-attainment area      adopted      and citation \3\
                                                                date
----------------------------------------------------------------------------------------------------------------
(1) Implementation Plan for the   Statewide...............   Submitted:  5/31/72, 37 FR       Excluding
 Control of Air Pollution for                                   1/24/72   10842.               subsequent
 the State of North Dakota.                                 Adopted: 1/                        revisions, as
                                                                  24/72                        follows: Chapters
                                                                                               6, 11, and 12,
                                                                                               and Sections
                                                                                               2.11, 3.2.1, 3.7,
                                                                                               5.2.1, 6.10,
                                                                                               6.11, 6.13, 8.3,
                                                                                               and 8.3.1.
                                                                                               Revisions to
                                                                                               these non-
                                                                                               regulatory
                                                                                               provisions have
                                                                                               subsequently been
                                                                                               approved. See
                                                                                               below.
                                                            Clarificati  With all
                                                                     on   clarifications: 3/
                                                             submitted:   2/76, 41 FR 8956.
                                                            6/14/73; 2/
                                                            19/74; 6/26/
                                                             74; 11/21/
                                                            74; 4/23/75
Chapters:
    1. Introduction.............
    2. Legal Authority..........
    3. Control Strategy.........
    4. Compliance Schedule......
    5. Prevention of Air
     Pollution Emergency
     Episodes.
    7. Review of New Sources and
     Modifications.
    8. Source Surveillance......
    9. Resources................
    10. Inter-governmental
     Cooperation.
    11. Rules and Regulations...
With subsequent revisions to the
 chapters as follows:
(2) Revisions to SIP Chapter 8,   ........................   Submitted:  10/17/77, 42 FR
 Section 8.3.                                                   5/26/77   55471.
(3) Revisions to SIP Chapter 2,   ........................   Submitted:  8/12/80, 45 FR
 Section 2.11.                                                  1/17/80   53475.
(4) SIP Chapter 6, Air Quality    ........................   Submitted:  8/12/80, 45 FR
 Surveillance.                                                  1/17/80   53475.
(5) Revisions to SIP Chapter 6,   ........................   Submitted:  9/28/88, 53 FR
 Section 6.10.                                                  1/26/88   37757.
(6) Revisions to SIP Chapter 3,   ........................   Submitted:  10/5/89, 54 FR
 Section 3.7.                                                   4/18/89   41094.
(7) Revisions to SIP Chapter 3,   ........................   Submitted:  8/9/90, 55 FR 32403
 Section 3.2.1.                                                 4/18/89
(8) Revisions to SIP Chapter 5,   ........................   Submitted:  8/9/90, 55 FR 32403
 Section 5.2.1.                                                 4/18/89

[[Page 485]]

 
(9) Revisions to SIP Chapter 6,   ........................   Submitted:  8/9/90, 55 FR 32403
 Section 6.11.                                                  4/18/89
(10) Revisions to SIP Chapter 6,  ........................   Submitted:  4/21/97, 62 FR
 Section 6.13.                                                   1/9/96   19224.
(11) Revisions to Chapter 11,     ........................  ...........  ...................  See the table
 Rules & Regulations.                                                                          listed above
                                                                                               under Sec.
                                                                                               52.1820 (c)(1)
                                                                                               for most current
                                                                                               version of EPA-
                                                                                               approved North
                                                                                               Dakota
                                                                                               regulations.
(12) SIP to meet Air Quality      Statewide...............   Submitted:  8/12/80, 45 FR
 Monitoring 40 CFR part 58,                                     1/17/80   53475.
 subpart c, paragraph 58.20 and
 public notification required
 under section 127 of the Clean
 Air Act.
(13) Stack Height Demonstration   Statewide...............   Submitted:  6/7/89, 54 FR 24334
 Analysis.                                                  4/18/86 and
                                                                7/21/87
(14) Visibility New Source        Statewide...............   Submitted:  9/28/88, 53 FR
 Review and Visibility                                          1/26/88   37757.
 Monitoring.
(15) Commitment to revise stack   Statewide...............   Submitted:  11/14/88, 53 FR      See also 40 CFR
 height rules in response to                                    5/11/88   45763.               52.1832.
 NRDC v. Thomas, 838 F.2d 1224
 (DC Cir. 1988).
(16) Visibility General Plan and  Statewide...............   Submitted:  10/5/89, 54 FR       See also 40 CFR
 Long-term Strategy.                                            4/18/89   41094.               52.1831.
(17) Group III PM10 SIP.........  Statewide...............   Submitted:  8/9/90, 55 FR 32403  See additional
                                                                4/18/89                        interpretive
                                                                                               materials cited
                                                                                               in 55 FR 32403, 8/
                                                                                               9/90.
(18) Commitment to meet all       Statewide...............   Submitted:  6/26/92, 57 FR       See additional
 requirements of EPA's Guideline                                2/14/92   28619.               interpretive
 on Air Quality Models (revised)                                                               materials cited
 for air quality modeling                                                                      in 57 FR 28619, 6/
 demonstrations associated with                                                                26/92. Also see
 the permitting of new PSD                                                                     40 CFR 52.1824.
 sources, PSD major
 modifications, and sources to
 be located in nonattainment
 areas.
(19) Small Business Assistance    Statewide...............   Submitted:  1/11/94, 59 FR 1485  See additional
 Program (SIP Chapter 12).                                  11/2/92 and                        interpretive
                                                                1/18/93                        materials cited
                                                                                               in 59 FR 1485, 1/
                                                                                               11/94.
(20) Revisions to SIP Chapter 8,  Submitted: 3/8/07.......  5/27/08, 73
 Section 8.3.1.                                                FR 30308
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.


[[Page 486]]


[72 FR 9266, Mar. 1, 2007, as amended at 72 FR 39565, July 19, 2007; 73 
FR 30313, May 27, 2008; 73 FR 36594, June 27, 2008]



Sec. 52.1821  Classification of regions.

    The North Dakota plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Fargo-Moorhead Interstate...............          II        III       III       III           III
North Dakota Intrastate..............................          II        III       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10885, May 31, 1972]



Sec. 52.1822  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves the North Dakota plan for the attainment and maintenance of the 
national standards.

[39 FR 7283, Feb. 25, 1974]



Sec. 52.1823  [Reserved]



Sec. 52.1824  Review of new sources and modifications.

    (a)-(b) [Reserved]
    (c) The State of North Dakota has clarified the language contained 
in the North Dakota Administrative Code on the use of the EPA 
``Guideline on Air Quality Models'' as supplemented by the ``North 
Dakota Guideline for Air Quality Modeling Analysis''.In a letter to 
Douglas M. Skie, EPA, dated February 14, 1992, Dana K. Mount, Director 
of the Division of Environmental Engineering, stated:

    To clarify this issue, the State of North Dakota will commit to 
meeting all requirements of the EPA Guideline for air quality modeling 
demonstrations associated with the permitting of new PSD sources, PSD 
major modifications, and sources which will be located in nonattainment 
areas. If any conflict exists, the EPA Guideline will take precedence 
for these source categories.

[39 FR 7283, Feb. 25, 1974, as amended at 51 FR 40677, Nov. 7, 1986; 57 
FR 28620, June 26, 1992; 61 FR 16062, Apr. 11, 1996]



Sec. Sec. 52.1825-52.1828  [Reserved]



Sec. 52.1829  Prevention of significant deterioration of air quality.

    (a) The North Dakota plan, as submitted, is approved as meeting the 
requirements of Part C, Title I, of the Clean Air Act, except that it 
does not apply to sources proposing to construct on Indian Reservations.
    (b) Regulation for preventing of significant deterioration of air 
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are 
hereby incorporated and made a part of the North Dakota State 
implementation plan and are applicable to proposed major stationary 
sources or major modifications to be located on Indian Reservations.

[44 FR 63103, Nov. 2, 1979. Correctly designated at 44 FR 75635, Dec. 
21, 1979, as amended at 68 FR 11324, Mar. 10, 2003; 68 FR 74490, Dec. 
24, 2003]



Sec. 52.1831  Visibility protection.

    A revision to the SIP was submitted by the Governor on April 18, 
1989, for visibility general plan requirements and long-term strategies.

[54 FR 41098, Oct. 5, 1989]



Sec. 52.1832  Stack height regulations.

    The State of North Dakota has committed to revise its stack height 
regulations should EPA complete rulemaking to respond to the decision in 
NRDC v. Thomas, 838 F. 2d 1224 (D.C. Cir. 1988). In a letter to Douglas 
M. Skie, EPA, dated May 11, 1988, Dana K. Mount, Director, Division of 
Environmental Engineering stated:


[[Page 487]]


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

[53 FR 45764, Nov. 14, 1988]



Sec. 52.1833  [Reserved]



Sec. 52.1834  Minor source permit to operate program.

    Emission limitations and related provisions, which, in accordance 
with Rule 33-15-14-03, are established as federally enforceable 
conditions in North Dakota minor source operating permits, shall be 
enforceable by EPA. EPA reserves the right to deem permit conditions not 
federally enforceable. Such a determination will be made according to 
appropriate procedures and will be based upon the permit, permit 
approval procedures, or permit requirements which do not conform with 
the operating permit program requirements of EPA's underlying 
regulations.

[60 FR 43401, Aug. 21, 1995]



Sec. 52.1835  Change to approved plan.

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

[63 FR 45727, Aug. 27, 1998]



Sec. 52.1836  Change to approved plan.

    North Dakota Administrative Code Chapter 33-15-13, National Emission 
Standards for Hazardous Air Pollutants, is removed from the approved 
plan. This change is a result of EPA's July 7, 1995 interim approval of 
North Dakota's Title V Operating Permit program, in which it granted 
delegation of authority to North Dakota to implement and enforce Clean 
Air Act section 112 requirements. That delegation of authority includes, 
among other things, the NESHAPs promulgated in 40 CFR part 61 (``part 61 
NESHAPs''). With a September 10, 1997 submittal, the State requested 
delegation of authority to implement and enforce the Clean Air Act part 
61 NESHAPSs (except subparts B, H, K, Q, R, T, and W, pertaining to 
radionuclides), as in effect on October 1, 1996. EPA did not act on the 
State's request for delegation of authority for 40 CFR part 61, subpart 
I (regarding radionuclide emissions from facilities licensed by the 
Nuclear Regulatory Commission and other Federal facilities not covered 
by subpart H) because EPA rescinded subpart I subsequent to the State's 
adoption of these revisions.

[67 FR 62398, Oct. 7, 2002]



                         Subpart JJ_North Dakota



Sec. 52.1837  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of North Dakota'' and all revisions submitted by North 
Dakota that were federally approved prior to July 31, 2006.
    (b) The plan was officially submitted on January 24, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Air quality maintenance area designation submitted June 26, 
1974, by the Governor.
    (2) Compliance schedules submitted on June 14, 1973, by the 
Governor.
    (3) Provision for public notice and comment on new source reviews 
and a revised compliance schedule submitted on February 19, 1974, by the 
Governor.
    (4) Clarification concerning the revision of the secondary 
particulate standard attainment date submitted on November 21, 1974, by 
the Governor.
    (5) Explanation of why sources could not comply by the original 
attainment date submitted April 23, 1975, by the State Department of 
Health.
    (6) Revisions to the North Dakota Century Code making emission data 
public information and revising penalties, revised new source 
performance

[[Page 488]]

standards, emission standards for hazardous air pollutants, and 
prevention of significant air quality deterioration regulations 
submitted on May 26, 1976, by the Governor.
    (7) Supplemental information stating that the complete new source 
application would be available for public review submitted August 23, 
1976 by the State Department of Health.
    (8) A revised compliance schedule for the Basin Electric Power Plant 
at Velva submitted on December 22, 1976, by the Governor.
    (9) Requirements for continuous opacity monitoring by 7 sources 
submitted on May 26, 1977, by the Governor.
    (10) Provisions to meet the requirements of Part C, Title I, and 
section 110 of the Clean Air Act, as amended in 1977, were submitted on 
July 17, 1978.
    (11) On January 25, 1980, the Governor submitted a plan revision to 
meet the requirements of Air Quality Monitoring 40 CFR part 58, subpart 
C, Sec. 58.20, and Public Notification required under section 127 of 
the Clean Air Act.
    (12) A revision requiring flares to meet 20% opacity and have 
automatic ignitors or pilots, increasing construction permit fees to 
$75.00 and establishing annual permit to operate fees was submitted on 
May 6, 1982 by the Governor.
    (13) [Reserved]
    (14) Revisions to the Prevention of Significant Deterioration 
requirements in Chapter 33-15-15 of the North Dakota regulations were 
submitted on October 28, 1982 by the Governor, with supplemental 
information submitted on July 5, 1983, March 8, 1984 and June 20, 1984, 
by the State Agency.
    (15) A revision to the SIP was submitted by the Governor on January 
26, 1988, for visibility monitoring and New Source Review.
    (i) Incorporation by reference.
    (A) In a letter dated January 26, 1988, Governor George A. Sinner 
submitted a SIP revision for visibility protection.
    (B) The SIP revision for visibility protection, ``Chapter 6, Air 
Quality Surveillance, Section 6.10, Visibility Monitoring'' and 
``Chapter 33-15-19, Visibility Protection'', became effective on October 
1, 1987, through action by the North Dakota Legislative Council.
    (16) On January 26, 1988, the Governor submitted a plan adding Stack 
Height Regulations, Chapter 33-15-18.
    (i) Incorporation by reference.
    (A) Addition to North Dakota Air Pollution Control Rules Chapter 33-
15-18, Stack Heights, was adopted on July 21, 1987 and effective on 
October 1, 1987.
    (17) In a letter dated April 18, 1986, the Director of the Division 
of Environmental Engineering, North Dakota Department of Health, 
submitted the stack height demonstration analysis with supplemental 
information submitted on July 21, 1987. EPA is approving the 
demonstration analysis for all of the stacks.
    (i) Incorporation by reference. (A) Stack height demonstration 
analysis submitted by the State on April 18, 1986 and July 21, 1987.
    (18) On January 26, 1988, the Governor of North Dakota submitted 
revisions to the plan. The revisions established new regulations and 
revised existing regulations and procedures.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules of the State of 
North Dakota Chapters 33-15-01, 33-15-02, 33-15-03, 33-15-04, 33-15-05, 
33-15-07, 33-15-10, 33-15-11, 33-15-14, and 33-15-15, inclusive, and the 
addition of a new chapter 33-15-20 which were effective on October 1, 
1987.
    (19) On April 18, 1989, the Governor of North Dakota submitted 
revisions to the plan. The revisions included updates to existing 
regulations and the Group III PM10 plan.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules of the State of 
North Dakota Chapters, 33-15-01, 33-15-02, 33-15-4, 33-15-07, 33-15-10, 
33-15-11, 33-15-14, and 33-15-15, inclusive, which were effective on 
January 1, 1989.
    (ii) Additional material.
    (A) August 22, 1989 letter from Dana K. Mount, Director of the 
Division of Environmental Engineering, to Doug Skie, EPA.
    (B) August 28, 1989 letter from Dana K. Mount, Director of the 
Division of Environmental Engineering, to Laurie Ostrand, EPA.

[[Page 489]]

    (C) September 5, 1989 letter from Terry O'Clair, Assistant Director 
of the Division of Environmental Engineering, to Laurie Ostrand, EPA.
    (20) On June 26, 1990, the Governor of North Dakota submitted 
revisions to the plan. The revisions include amendments to the 
prevention of significant deterioration of air quality (PSD) regulations 
to incorporate the nitrogen dioxide (NO2) increments and to 
make several ``housekeeping'' modifications.
    (i) Incorporation by reference.
    (A) Revisions to the North Dakota Administrative Code, Chapter 33-
15-15, Prevention of Significant Deterioration of Air Quality, effective 
June 1, 1990.
    (ii) Additional material.
    (A) October 22, 1990, letter from Douglas Skie, EPA, to Dana Mount, 
Director, Division of Environmental Engineering, North Dakota State 
Department of Health and Consolidated Laboratories.
    (B) November 6, 1990 letter from Dana Mount, Director, Division of 
Environmental Engineering, North Dakota State Department of Health and 
Consolidated Laboratories, to Douglas Skie, EPA.
    (21) On June 26, 1990, the Governor of North Dakota submitted 
revisions to the plan for new source performance standards.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules of the State of 
North Dakota Chapter 33-15-12 which was effective on June 1, 1990.
    (ii) Additional material.
    (A) January 7, 1991, letter from James J. Scherer, EPA, to George A. 
Sinner, Governor, State of North Dakota, on the authority for 
implementation and enforcement of the New Source Performance Standards 
(NSPS) for 40 CFR part 60, subpart QQQ.
    (22) On June 26, 1990, the Governor of North Dakota submitted 
revisions to the plan. The revisions include amendments to the hydrogen 
sulfide standard and the format of other ambient standards, and various 
other minor changes.
    (i) Incorporation by reference. (A) Revisions to the North Dakota 
Administrative Code: General Provisions 33-15-01-04.30, 33-15-01-07.2, 
33-15-01-08, 33-15-01-15.2, 33-15-01-17; Ambient Air Quality Standards 
33-15-02 Table 1 standards for sulfur dioxide, hydrogen sulfide, carbon 
monoxide, ozone, and nitrogen dioxide; Emissions of Particulate Matter 
Restricted 33-15-05-02.2e, Table 4; Control of Pesticides 33-15-10-02.5; 
Designated Air Contaminant Sources, Permit to Construct, Permit to 
Operate 33-15-14-02.4.a and b, 33-15-14-02.5.a, 33-15-14-05.1.b(3); 
Control of Emissions from Oil and Gas Well Production Facilities 33-15-
20-01.1, 33-15-20-01.2.l and m, 33-15-20-02.1, 33-15-20-03.1, 2, and 3, 
33-15-20-04; effective June 1, 1990.
    (ii) Additional material. Letter dated February 14, 1992, from Dana 
K. Mount, Director, Division of Environmental Engineering, to Douglas M. 
Skie, EPA. This letter provided the State's commitment to meet all 
requirements of the EPA ``Guideline on Air Quality Models (Revised)'' 
for air quality modeling demonstrations associated with the permitting 
of new PSD sources, PSD major modifications, and sources to be located 
in nonattainment areas.
    (23) On June 30, 1992, the Governor of North Dakota submitted 
revisions to the plan for new source performance standards and national 
emission standards for hazardous air pollutants.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules, Chapter 33-15-12, 
Standards of Performance for New Stationary Sources, and Chapter 33-15-
13, excluding Section 33-15-13-02, Emission Standards for Hazardous Air 
Pollutants, effective June 1, 1992.
    (24) On June 24, 1992, the governor of North Dakota submitted 
revisions to the plan. The revisions correct enforceability deficiencies 
in the SO2 regulations.
    (i) Incorporation by reference.
    (A) Revisions to the North Dakota Administrative Codes, Chapter 33-
15-06, Emissions of Sulfur Compounds Restricted, which became effective 
June 1, 1992.
    (25) On November 2, 1992, the Governor of North Dakota submitted a 
plan for the establishment and implementation of a Small Business 
Assistance Program to be incorporated into the North Dakota State 
Implementation Plan as required by section 507 of the Clean Air Act.

[[Page 490]]

    (i) Incorporation by reference.
    (A) Executive Order 1992-5, executed May 21, 1992, to establish a 
Small Business Compliance Advisory Panel.
    (ii) Additional materials.
    (A) November 2, 1992 letter from the Governor of North Dakota 
submitting a Small Business Assistance Program plan to EPA.
    (B) The State of North Dakota plan for the establishment and 
implementation of a Small Business Assistance Program, adopted by the 
North Dakota State Department of Health and Consolidated Laboratories on 
October 23, 1992, effective October 23, 1992.
    (26) The Governor of North Dakota submitted revisions to the North 
Dakota State Implementation Plan and Air Pollution Control Rules with 
letters dated June 26, 1990, June 30, 1992, and April 29, 1994. The 
revisions address air pollution control rules regarding general 
provisions; emissions of particulate matter and organic compounds; new 
source performance standards (NSPS); national emission standards for 
hazardous air pollutants (NESHAPs); federally enforceable State 
operating permits (FESOPs); prevention of significant deterioration of 
air quality; and control of emissions from oil and gas well production 
facilities.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules as follows: 
Emissions of Particulate Matter Restricted 33-15-05-02, 33-15-05-03, and 
33-15-05-04; Control of Organic Compound Emissions 33-15-07; Prevention 
of Significant Deterioration of Air Quality 33-15-15-01; and Control of 
Emissions from Oil and Gas Well Production Facilities 33-15-20-01, 33-
15-20-02, and 33-15-20-03, effective June 1, 1992.
    (B) Revisions to the Air Pollution Control Rules as follows: General 
Provisions 33-15-01-04 and 33-15-01-13; Standards of Performance for New 
Stationary Sources 33-15-12; and Emission Standards for Hazardous Air 
Pollutants 33-15-13, effective June 1, 1992 and March 1, 1994.
    (C) Revisions to the Air Pollution Control Rules as follows: 
Designated Air Contaminant Sources, Permit to Construct, Minor Source 
Permit to Operate, Title V Permit to Operate, 33-15-14-01 through 33-15-
14-05, effective March 1, 1994.
    (27) On April 29, 1994, the Governor of North Dakota submitted 
revisions to the prevention of significant deterioration regulations in 
chapter 33-15-15 of the North Dakota Air Pollution Control Rules to 
incorporate changes in the Federal PSD permitting regulations for 
utility pollution control projects, PM-10 increments, and municipal 
waste combustors.
    (i) Incorporation by reference.
    (A) Revisions to Chapter 33-15-15 of the North Dakota Air Pollution 
Control Rules, Section 33-15-15-01, Subsections 1.a.(3) and (4), 1.c, 
1.e.(4), 1.h, 1.i, 1.m, 1.x.(2)(h)-(k), 1.aa.(2)(c), 1.bb, 1.dd, 1.ee, 
1.ff, 1.hh, 2.b, 4.d.(3)(a), and 4.j.(4)(b), effective 3/1/94.
    (28) The Governor of North Dakota submitted revisions to the North 
Dakota State Implementation Plan and Air Pollution Control Rules with a 
letter dated December 21, 1994. The submittal addressed revisions to air 
pollution control rules regarding general provisions; ambient air 
quality standards; new source performance standards (NSPS); and national 
emission standards for hazardous air pollutants (NESHAPs).
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules as follows: General 
Provisions 33-15-01-17 and 33-15-01-18; Ambient Air Quality Standards 
33-15-02-05 and 33-15-02 Table 1; Standards of Performance for New 
Stationary Sources 33-15-12; and Emission Standards for Hazardous Air 
Pollutants 33-15-13, effective December 1, 1994.
    (B) [Reserved]
    (29) The Governor of North Dakota submitted revisions to the North 
Dakota State Implementation Plan and Air Pollution Control Rules with 
letters dated August 15, 1995 and January 9, 1996. The revisions address 
air pollution control rules regarding general provisions; open burning; 
emissions of particulate matter, certain settleable acids and alkaline 
substances, and fugitives; air pollution emergency episodes; new source 
performance standards (NSPS); national emission standards for hazardous 
air pollutants

[[Page 491]]

(NESHAPs); and the minor source construction and operating permit 
programs. The State's January 9, 1996 submittal also revised SIP Chapter 
6, Air Quality Surveillance, to identify current activities regarding 
visibility monitoring.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules as follows: 
Emissions of Particulate Matter Restricted 33-15-05-03., 33-15-05-03.1., 
33-15-05-03.2., and 33-15-05-03.3.; Prevention of Air Pollution 
Emergency Episodes 33-15-11 Tables 6 and 7; and Fees 33-15-23-01, 33-15-
23-02, and 33-15-23-03, effective August 1, 1995.
    (B) Revisions to the Air Pollution Control Rules as follows: General 
Provisions 33-15-01-04; Emission Standards for Hazardous Air Pollutants 
33-15-13, except 33-15-13-01-2., Subpart I; Designated Air Contaminant 
Sources, Permit to Construct, Minor Source Permit to Operate, Title V 
Permit to Operate 33-15-14-01, 33-15-14-01.1., 33-15-14-02.12., and 33-
15-14-03.10.; effective August 1, 1995 and January 1, 1996.
    (C) Revisions to the Air Pollution Control Rules as follows: Open 
Burning Restrictions 33-15-04; Emissions of Certain Settleable Acids and 
Alkaline Substances Restricted 33-15-09; Standards of Performance for 
New Stationary Sources 33-15-12; and Restriction of Fugitive Emissions 
33-15-17-01 and 33-15-17-02, effective January 1, 1996.
    (30) The Governor of North Dakota submitted revisions to the North 
Dakota State Implementation Plan and Air Pollution Control Rules with 
letters dated January 9, 1996 and September 10, 1997. The revisions 
address air pollution control rules regarding general provisions and 
emissions of particulate matter, sulfur compounds, and organic 
compounds.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rule Emissions of Sulfur 
Compounds Restricted, 33-15-06-01, effective January 1, 1996.
    (B) Revisions to the Air Pollution Control Rules as follows: General 
Provisions 33-15-01-03, 33-15-01-04.49, 33-15-01-13.2(b), 33-15-01-15.2, 
and 33-15-01-17.3; Emissions of Particulate Matter Restricted 33-15-05-
03.3.4; and Control of Organic Compound Emissions 33-15-07-01.1; 
effective September 1, 1997.
    (ii) Additional material.
    (A) An April 8, 1997 letter from Dana Mount, North Dakota Department 
of Health, to Richard Long, EPA, to provide technical support 
documentation regarding the revisions to Chapter 33-15-06, Emissions of 
Sulfur Compounds Restricted.
    (B) A July 30, 1997 letter from Dana Mount, North Dakota Department 
of Health, to Amy Platt, EPA, to provide technical support documentation 
regarding the revisions to Chapter 33-15-06, Emissions of Sulfur 
Compounds Restricted.
    (C) A September 9, 1997 letter from Dana Mount, North Dakota 
Department of Health, to Larry Svoboda, EPA, to provide technical 
support documentation regarding the revisions to Chapter 33-15-06, 
Emissions of Sulfur Compounds Restricted.
    (31) The Governor of North Dakota submitted revisions to the North 
Dakota State Implementation Plan and Air Pollution Control Rules with a 
letter dated September 28, 1998. The revisions address air pollution 
control rules regarding general provisions, ambient air quality 
standards, emissions of particulate matter and organic compounds, and 
the permit to construct program.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules as follows: General 
Provisions 33-15-01-04.6-52; Ambient Air Quality Standards 33-15-02-04, 
33-15-02-07.3, 33-15-02-07.4, and Table 2; Emissions of Particulate 
Matter Restricted 33-15-05-03.1; Control of Organic Compound Emissions 
33-15-07-01.1; and Designated Air Contaminant Sources, Permit to 
Construct, Minor Source Permit to Operate, Title V Permit to Operate 33-
15-14-02.3.c, effective September 1, 1998.
    (ii) Additional material.
    (A) An April 10, 1997 letter from Dana Mount, North Dakota 
Department of Health, to Richard Long, EPA, to provide technical support 
documentation regarding the impact of SB2356 on sulfur dioxide emission 
limits for existing and new coal conversion facilities and petroleum 
refineries.

[[Page 492]]

    (B) A November 17, 1997 letter from William Delmore, North Dakota 
Assistant Attorney General, to Terry Lukas, EPA, to propose how the 
North Dakota Department of Health will implement the requirements of 
SB2356.
    (C) A June 10, 1998 letter from Dana Mount, North Dakota Department 
of Health, to Richard Long, EPA, to provide technical support 
documentation regarding the revisions to Chapter 33-15-02, Ambient Air 
Quality Standards, and Chapter 33-15-14, Designated Air Contaminant 
Sources, Permit to Construct, Minor Source Permit to Operate, Title V 
Permit to Operate (revisions specific to the permit to construct section 
only).
    (D) A December 1, 1998 letter from Dana Mount, North Dakota 
Department of Health, to Richard Long, EPA, to provide technical support 
documentation regarding how the State will enforce the revised sulfur 
dioxide standards in Chapter 33-15-02.
    (32) The Governor of North Dakota submitted revisions to the North 
Dakota State Implementation Plan and Air Pollution Control Rules with a 
letter dated June 21, 2001. The revisions address air pollution control 
rules regarding general provisions, emissions of particulate matter and 
fugitives, exclusions from Title V permit to operate requirements, and 
prevention of significant deterioration.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Rules as follows: General 
Provisions 33-15-01-04, 33-15-01-12, and 33-15-01-15; Emissions of 
Particulate Matter Restricted 33-15-05-04.1; Designated Air Contaminant 
Sources, Permit to Construct, Minor Source Permit to Operate, Title V 
Permit to Operate 33-15-14-02.13.b.1, 33-15-14-03.1.c, and 33-15-14-07; 
Prevention of Significant Deterioration of Air Quality 33-15-15-01.1.hh 
and 33-15-15-01.2; and Restriction of Fugitive Emissions 33-15-17-01, 
effective June 1, 2001.
    (B) Revisions to the Air Pollution Control Rules as follows: 
Emissions of Particulate Matter Restricted 33-15-05-03.1, repealed 
effective July 12, 2000.
    (33) Certain revisions to the North Dakota State Implementation Plan 
and Air Pollution Control Rules as submitted by the Governor with a 
letter dated April 11, 2003. The revisions affect portions of North 
Dakota Administrative Code (N.D.A.C.) regarding general provisions and 
emissions of particulate matter and sulfur compounds.
    (i) Incorporation by reference.
    (A) Revisions to the North Dakota Air Pollution Control Rules as 
follows:
    (1) Chapter 33-15-01, N.D.A.C., General Provisions, sections 33-15-
01-04, 33-15-01-17, and 33-15-01-18, effective March 1, 2003.
    (2) Chapter 33-15-05, N.D.A.C., Emissions of Particulate Matter 
Restricted, sections 33-15-05-02 and 33-15-05-04 and subsection 33-15-
05-03.3, effective March 1, 2003.
    (3) Chapter 33-15-06, N.D.A.C., Emissions of Sulfur Compounds 
Restricted, sections 33-15-06-01 and 33-15-06-03, effective March 1, 
2003.
    (34) Certain revisions to the North Dakota State Implementation Plan 
and Air Pollution Control Rules as submitted by the Governor with a 
letter dated April 11, 2003. The revisions affect portions of North 
Dakota Administrative Code (N.D.A.C.) regarding construction and minor 
source permitting and prevention of significant deterioration of air 
quality.
    (i) Incorporation by reference.
    (A) Revisions to the North Dakota Air Pollution Control Rules as 
follows:
    (1) Chapter 33-15-14, N.D.A.C., Designated Air Contaminant Sources, 
Permit to Construct, Minor Source Permit to Operate, Title V Permit to 
Operate, subsections 33-15-14-02.5, 33-15-14-02.13.c, 33-15-14-
02.13.i(5), 33-15-14-03.4, 33-15-14-03.5.a(1)(d), and 33-15-14-03.11, 
effective March 1, 2003.
    (2) Chapter 33-15-15, N.D.A.C., Prevention of Significant 
Deterioration of Air Quality, subsections 33-15-15-01.1.x(2)(d) and 33-
15-15-01.4.h(3), effective March 1, 2003.
    (35) Certain revisions to the North Dakota State Implementation Plan 
and Air Pollution Control Rules as submitted by the Governor with a 
letter dated April 11, 2003. The revisions affect portions of North 
Dakota Administrative Code (N.D.A.C.) regarding construction and minor 
source permitting.
    (i) Incorporation by reference.
    (A) Revisions to the North Dakota Air Pollution Control Rules as 
follows:

[[Page 493]]

    (1) In Chapter 33-15-14, N.D.A.C., Designated Air Contaminant 
Sources, Permit to Construct, Minor Source Permit to Operate, Title V 
Permit to Operate, the sentence in each first paragraph of subsections 
33-15-14-02.19 and 33-15-14-03.16 that reads as follows, ``In the event 
that the modification would be a major modification as defined in 
chapter 33-15-15, the department shall follow the procedures established 
in chapter 33-15-15.'' These revisions were effective March 1, 2003.

[37 FR 10885, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1820, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



                             Subpart KK_Ohio



Sec. 52.1870  Identification of plan.

    (a) Title of plan: ``Implementation Plan for the Control of 
Suspended Particulates, Sulfur Dioxide, Carbon Monoxide, Hydrocarbons, 
Nitrogen Dioxide, and Photochemical Oxidants in the State of Ohio.''
    (b) The plan was officially submitted on January 31, 1972.
    (c) The revisions listed below were submitted on the dates 
specified.
    (1) Request for extensions and a revision of monitoring network was 
submitted on March 20, 1972, by the Ohio Air Pollution Control Board.
    (2) State provisions for making emissions data available to the 
public was outlined in a letter of May 8, 1972, by the Ohio Department 
of Health.
    (3) On May 9, 1972, the State provided assurance that action is 
being taken in the Assembly to secure authority for controlling auto 
emissions.
    (4) Amendments to air pollution regulations AP-3-11, 12, 13, 14, and 
AP-9-04 were forwarded on July 7, 1972, by the Governor.
    (5) Revisions to AP-2-01, 02, 04, 05; AP-3-01, 08, 09, 13; AP-9-01, 
02, 03 were submitted on August 4, 1972 by the Governor.
    (6) New regulations AP-13-01 and 13-02 were submitted on October 12, 
1972 by the Governor.
    (7) Letter from the Director of the Ohio EPA was submitted on June 
6, 1973, indicating that portions of AP-3-11, and AP-3-12 are for 
informational purposes only.
    (8) The Governor of Ohio submitted on July 2, 1973, the 
``Implementation Plan to Achieve Ambient Air Quality Standard for 
Photochemical Oxidant in the Cincinnati Air Quality Control Region'' and 
the ``Implementation Plan to Achieve Ambient Air Quality Standard for 
Photochemical Oxidant in the Toledo Air Quality Control Region.''
    (9) The Governor of Ohio submitted on July 24, 1973, the 
``Implementation Plan to Achieve Ambient Air Quality Standards for 
Photochemical Oxidants--Dayton Air Quality Control Region.''
    (10) On January 25, 1974, Ohio submitted a secondary particulate 
plan for three AQCR's in Ohio.
    (11) On July 16, 1975, Ohio submitted regulations revising the 
attainment dates for particulate matter, nitrogen oxides, carbon 
monoxide, hydrocarbons and photochemical oxidants.
    (12) The Governor of Ohio submitted on May 30, 1974 and August 10, 
1976, revisions to the Ohio Implementation for the control of open 
burning.
    (13) Consent and Abatement Order regarding Columbus and Southern 
Ohio Electric Company's Picway Units 3 and 4, submitted by Governor on 
October 17, 1975, supplemented on November 17, 1976 and June 1, 1977.
    (14) On July 27, 1979 the State submitted its nonattainment area 
plan for specific areas designated as nonattainment for ozone and carbon 
monoxide in the March 3, 1978 and October 5, 1978 Federal Registers (43 
FR 8962 and 43 FR 45993). The submittal contained Ohio's Part D 
nonattainment plans for the following ozone and carbon monoxide urban 
nonattainment areas: Akron, Canton, Cincinnati, Cleveland, Columbus, 
Dayton, Steubenville and Toledo. The submittal contained transportation 
control plans and demonstrations of attainment (for carbon monoxide and/
or ozone) for each of the above mentioned urban nonattainment areas. 
Regulations for the control of volatile organic compound emissions were 
not included with this submittal but were submitted separately on 
September 13, 1979.
    (15) On September 13, 1979, the State submitted regulations for the 
control

[[Page 494]]

of volatile organic compound and carbon monoxide emissions from 
stationary sources.
    (16) On December 28, 1979, the State amended the attainment 
demonstration submitted on July 27, 1979 for the Cleveland Urban area. 
On November 24, 1980 and July 21, 1981, the State submitted additional 
information on the transportation control plans for the Cleveland Urban 
area.
    (17) On January 8, 1980, the State amended the carbon monoxide 
attainment demonstration submitted on July 27, 1979 for the Steubenville 
urban area.
    (18) On January 15, 1980, the State amended the attainment 
demonstrations submitted on July 27, 1979 for the urban areas of 
Cincinnati, Toledo and Dayton.
    (19) On April 7, 1980 the State of Ohio committed to correct the 
deficiencies presented in the March 10, 1980 Notice of Proposed 
Rulemaking.
    (20) On April 15, 24, 28, May 27, July 23 and August 6, 1980 the 
State submitted comments on, technical support for, and commitments to 
correct the deficiencies cited in the March 10, 1980 Notice of Proposed 
Rulemaking. In addition to this the May 27, 1980 letter also contained a 
commitment by the State to adopt and submit to USEPA by each subsequent 
January, reasonable available control technology requirements for 
sources covered by the control techniques guidelines published by USEPA 
the preceding January.
    (21) On December 28, 1979 the State of Ohio submitted its Part D 
carbon monoxide and ozone nonattainment area plan for the Youngstown 
urban area. The submittal contained transportation control plans and 
demonstrations of attainment (for carbon monoxide and/or ozone). On 
February 12, 1980 the State amended the ozone attainment demonstration 
submitted on December 28, 1979.
    (22) On June 12, 1980 and August 6, 1980, the State submitted 
technical support and commitments to correct the deficiencies cited in 
the May 16, 1980 Notice of Proposed Rulemaking. On November 20, 1980 and 
July 21, 1981, the State submitted additional information on implementor 
commitments for the Youngstown Urban area.
    (23) On May 8, 1979, Ohio submitted revisions to regulations 3745-
25-01 through 3745-25-04 (previously codified as AP-11-01 through AP-11-
04) containing emergency episode procedures.
    (24) On July 25, 1980 the State of Ohio submitted its Part D 
revision to the New Source Review portion of the State Implementation 
Plan. On September 25, 1980 the State submitted a response to the August 
26, 1980 Federal Register notice of proposed rulemaking. The response 
contained information which corrects certain deficiencies and commits to 
correct by a specified date other deficiencies.
    (25) The following information was submitted to USEPA regarding the 
Ohio Sulfur Dioxide Standards
    (i) On February 12, 1980 the Director of the Ohio EPA submitted the 
Ohio Administrative Code (OAC) Rules 3745-18-01 to 3745-18-94, Sulfur 
Dioxide Standards adopted on November 14, 1979 effective December 28, 
1979.
    (ii) Ohio EPA sent technical support for the Ohio Sulfur Dioxide 
Standards on September 12, 1979, October 23, 1979, May 16, 1980, March 
27, 1981, May 5, 1981, July 15, 1981 and September 24, 1981.
    (iii) The following regulations were withdrawn by the Governor of 
Ohio on May 16, 1980; OAC Rules 3745-18-08(H), 3745-18-15(B), 3745-18-
53(E), 3745-18-63(K), 3745-18-77(B) and 3745-18-90(C). These rules are 
applicable to the following plants:

    Cairo Chemical Corporation in Allen County, Crystal Tissue Company 
in Butler County, U.S. Steel Corporation, Lorain--Cuyahoga Works in 
Lorain County, Bergstrom Paper Company in Montgomery County, Mead 
Corporation in Ross County and Shell Chemical Company in Washington, 
County.

    (iv) The following regulations were withdrawn by the Governor of 
Ohio on December 19, 1980 only as it applies to the B.F. Goodrich 
Company, Avon Lake Chemical Plant in Lorain County; OAC 3745-18-53(A). 
These regulations are still applicable to other facilities in Lorain 
County.
    (v) The following regulations were withdrawn by the Governor of Ohio 
on February 13, 1981; OAC Rules 3745-18-49(J) which is applicable to the 
Ohio Rubber Company in Lake County and 3745-18-80(D) which is applicable 
to the

[[Page 495]]

Union Carbide Corporation in Seneca County.
    (vi) The Governor of Ohio submitted a revised OAC Rule 3745-18-80(D) 
which is applicable to the Union Carbide Corporation in Seneca County on 
April 30, 1981.
    (26) On February 8, 1980, the State of Ohio submitted a revision to 
provide for modification of the existing air quality surveillance 
network.
    (27) On February 18, and March 13, 1981, the Governor of Ohio 
submitted Rule 08 of Chapter 3745-17 of the Ohio Administrative Code for 
Middletown and the operating permits for the fugitive sources located at 
ARMCO's Middletown Works Plant.
    (28) On October 21 and November 21, 1980 the State submitted 
comments on, technical support for, and commitments to correct the 
deficiencies cited in the March 10, 1980 Notice of Proposed Rulemaking.
    (29) On September 17, 1980 the State of Ohio submitted a vehicle 
inspection and maintenance (I/M) program developed for the urbanized 
area of Cleveland and the Ohio portion of the Cincinnati metropolitan 
area. On December 5, 1980 the State submitted comments on, and 
commitments for correcting, the deficiencies cited in the November 7, 
1980 Supplemental Notice of Proposed Rulemaking.
    (30) On February 18, 1981, the State of Ohio committed itself to 
submit by December 31, 1981, the corrective materials for the 
Middletown, Ohio total suspended particulate plan.
    (31) On March 27, 1981 and March 10, 1982 the State of Ohio 
submitted revisions to the total suspended particulate (TSP) portion of 
its State Implementation Plan (SIP). These revisions are in the form of 
an alternative emissions reduction plan (bubble) for the General Motors 
(GM) Central Foundry located in Defiance County, Ohio. Incorporated into 
Ohio's SIP are the emission limitations, interim and final compliance 
milestones, control equipment requirements and testing procedures 
specified in the variances and permits submitted for the GM bubble.
    (32) On July 27, 1979, the State of Ohio submitted materials to 
satisfy the general requirements of the Clean Air Act under sections 
110(a)(2)(K); 126, 127, and 128. On January 30, 1981, the State of Ohio 
also submitted an amended substitute Senate Bill 258, which was enacted 
into law on December 19, 1980, amending Ohio Revised Code 3704.
    (33) Revision to plan allowing Standard Oil Company of Ohio Toledo 
refinery variances from State Regulations 3745-21-09(M) (1) and (2) 
submitted April 10, 1981 by the State.
    (34) Revision to plan allowing Standard Oil Company of Ohio Lima 
refinery variance from State Regulation 3745-21-09(M)(2) submitted April 
10, 1981 by the State.
    (35) On August 27, 1981, the State of Ohio submitted a variance for 
the Pipeline Working Tank at the ARCO Pipeline Refinery in Summit 
County, Ohio.
    (36)-(37) [Reserved]
    (38) The Governor of Ohio on June 15, 1981 submitted a revision to 
the ozone portion of the Ohio State Implementation Plan. This revision 
is for six coating lines located at the Speciality Materials Division of 
Fasson-Avery located in Lake County, Ohio.
    (39) On August 27, 1981, the State of Ohio submitted a variance for 
the Pipeline Working Tank at the ARCO Pipeline Refinery in Lucas County, 
Ohio.
    (40) On February 12, 1981, the State of Ohio submitted its Lead SIP 
Plan which contains a discussion of ambient monitoring results, an 
attainment demonstration and stationary and mobile source controls for 
lead.
    (41) On April 10, 1981, the Governor of Ohio submitted revised 
requirements for Republic Steel Corporation's Youngstown Sinter Plant.
    (42) On February 25, 1980, the State of Ohio submitted the revised 
Ohio Administrative Code (OAC) Rules 3745-35-01 through 3745-35-04 which 
set forth requirements for air permits to operate and variances. These 
rules were adopted on September 28, 1979 and became effective in Ohio on 
November 7, 1979.
    (43) On February 12, 1981, the State of Ohio submitted adopted 
amended Ohio Administrative Code (OAC) Rules 3745-21-01, 04, 09 and 10, 
Emission Standards and Technology Requirements for Certain Sources of 
Volatile Organic Compounds Emissions. The following portions of these 
rules were withdrawn by the State of Ohio on March 27, 1981; OAC Rules 
3745-21-04(C)(19)(a) and 3745-

[[Page 496]]

21-09(R)(3)(a). On January 8, 1982, the State of Ohio submitted 
additional materials pertaining to OAC Rules 3745-21-09 (H), (U) and 
(X).
    (44) On April 16, 1981, the Ohio EPA submitted a variance which 
would extend for Presto Adhesive Paper Company in Montgomery County, 
Ohio the deadline for complying with applicable Ohio VOC emission 
limitations from April 1, 1982 to April 1, 1983 for water-based adhesive 
paper coatings and to April 1, 1984 for water-based silicone paper 
coatings.
    (45) On Feburary 25, 1980, the State submitted revisions to rules 01 
through 06, 08 and 09 of Chapter 15 of the Ohio Administrative Code. 
These rules establish general provisions for the control of air 
pollution and were previously codified and approved as AP-2-01 through 
06, 08 and 09. Rules 01 through 04, 06, 08 and 09 are approved as 
revisions to the Ohio SIP and rule 05 is deleted from the Ohio SIP.
    (46) On August 26, 1982, the Ohio Environmental Protection Agency 
submitted a variance which would establish an alternative emission 
control program (weighted averaging bubble) for eight vinyl coating 
lines at Uniroyal Plastic Products in Ottawa County, Ohio, and an 
alternative compliance schedule which will allow Uniroyal Plastic 
Products additional time to convert to waterborne coatings and inks. The 
final compliance date is October 1, 1987.
    (47) On June 29, 1982, the State submitted an amendment to the 
definition of air contaminant as contained in section 3704.01(B) of the 
Ohio Revised Code.
    (48) On August 31, 1982, Ohio Environmental Protection Agency 
submitted a variance which would establish an alternative emission 
control program (weighted averaging bubble) for five rotogravure 
printing lines at Packaging Corporation of America (PCA) in Wayne 
County, Ohio and an alternative compliance schedule which will allow PCA 
additional time to convert to waterborne coatings and inks. The final 
compliance date is July 1, 1987.
    (49) On September 10, 1982 the Ohio Environmental Protection Agency 
submitted a revision to its ozone SIP for the Mead Paper Corporation, 
Chilpaco Mill in Ross County, Ohio. This revision is in the form of 
three variances for the three flexographic printing lines at Mead Paper 
and contains revised emission limits and compliance schedules for each 
of the lines. Technical Support for this revision was also submitted on 
April 27, 1982.
    (50) On October 22, 1982, the Ohio Environmental Protection Agency 
submitted a revision to its Ozone SIP for the Standard Register Company. 
The revision request is in the form of a variance for an extended 
compliance time schedule for a surface coating line and spray boot for 
painting miscellaneous metal parts. Final compliance is changed from 
December 31, 1982 to December 31, 1983.
    (51) On October 1, 1982, and February 28, 1983 the State of Ohio 
submitted revisions to Ohio Administrative Code (OAC) Rules 3745-35-03 
which set forth requirements for obtaining variances.
    (52)-(55) [Reserved]
    (56) On January 5, 1983 the Ohio Environmental Protection Agency 
submitted a revision to its ozone SIP for the U.S. Steel Supply 
Division, Sharon Plant in Trumbull County, Ohio. Technical support for 
this revision was also submitted on November 12, 1982.
    (57) On January 4, 1982, amended December 23, 1982, the Ohio 
Environmental Protection Agency (OEPA) submitted a revision to its ozone 
SIP for the Chrysler Plastic Products Corporation, Sandusky Vinyl 
Product Division, in Erie County, Ohio. This revision amends the 
emission limitations and extends the compliance dates for five vinyl 
coating lines at this facility. Technical support for this revision was 
also submitted on June 28, 1982.
    (58) On July 14, 1982, the State submitted revisions to its State 
Implementation Plan for TSP and SO2 for Toledo Edison Company's Bay 
Shore Station in Lucas County, Ohio, except that the equivalent visible 
emission limitations in this submittal are no longer in effect.
    (59) On March 9, 1983, the Ohio Environmental Protection Agency 
submitted a variance which would establish an alternative emission 
control

[[Page 497]]

program (bubble) for eight vinyl coating lines at B.F. Goodrich in 
Washington County, Ohio, and an alternative compliance schedule which 
will allow B.F. Goodrich additional time to achieve final compliance 
through conversion to waterborne coatings and inks by December 31, 1985. 
If the company is unable to achieve compliance by December 1, 1985, 
through reformulation, the company must install add-on controls no later 
than December 1, 1987.
    (60) The State of Ohio submitted a revised demonstration that showed 
attainment by December 31, 1982, of the Carbon Monixide (CO) National 
Ambient Air Quality Standards (NAAQS) for the Cincinnati area (Hamilton 
County) on May 24, 1982. Supplemental information was submitted on 
September 23, 1982, November 4, 1982, and March 16, 1983. The May 24, 
1982, submittal also requested that the five year extension for meeting 
the NAAQS requested on July 29, 1979, and granted on October 31, 1980, 
be rescinded for this area. EPA has rescinded this extension only for 
the Cincinnati demonstration area for CO.
    (61) On January 11, 1983, the Ohio EPA submitted justification and 
supportive documentation for the two categories of gasoline dispensing 
facilities and cutback asphalt. On March 2, 1983, Ohio EPA submitted 
demonstrations of reasonable further progress in the Canton and 
Youngstown areas. This information was submitted to satisfy the 
conditions on the approval of the 1979 ozone SIP.
    (62) [Reserved]
    (63) On January 3, 1984, the Ohio Environmental Protection Agency 
submitted a revision to the Ohio Administrative Code 3745-15-07, Air 
Pollution Nuisance Prohibited.
    (64) On September 2, 1982, the State of Ohio submitted a revision to 
the total suspended particulate State Implementation Plan for the B.F. 
Goodrich Chemical Plant in Avon Lake, Lorain County, Ohio. This revision 
is being disapproved. (See Sec. 52.1880(g))
    (65) [Reserved]
    (66) On March 16, 1984, the Ohio Environmental Protection Agency 
submitted commitments for satisfying the conditions of approval to the 
ozone [52.1885 (b)(2)] and particulate matter [52.1880 (d)(1)] State 
Implementation Plans.
    (67) [Reserved]
    (68) On May 6, 1983, the Ohio Environmental Protection Agency (OEPA) 
submitted materials constituting a proposed revision to Ohio's ozone SIP 
for Harrison Radiator. Harrison Radiator has two metal coating 
facilities; one is the North facility located in downtown Dayton and the 
other is the South facility located in the City of Moraine.
    (i) Incorporation by reference.
    (A) The Ohio Environmental Protection Director's final Findings and 
Orders, May 6, 1983.
    (B) Letters of September 10, 1984, and September 4, 1984, to USEPA 
from OEPA.
    (C) The Ohio Environmental Protection Director's final Findings and 
Orders, September 4, 1984.
    (69) On September 13, 1983, the Ohio Environmental Protection Agency 
submitted a variance which would establish an alternative emission 
control program (bubble) for Volatile Organic Compound emissions from a 
gasoline and aviation fuel loading rack located at Standard Oil Company 
in Trumbull County, Ohio.
    (i) Incorporation by reference.
    (A) An August 26, 1983, Permit and Variance to Operate an Air 
Contaminant Source Terms and Conditions, Application No. 02 78 06 0355 
J001 and 02 78 06 0355 J002, for Niles Terminal Station N. 234, Niles 
Aviation Gasoline Bulk Terminal.
    (70) On April 8, 1982, June 22, 1982, November 8, 1982, May 24, 
1985, and November 12, 1986, the Ohio Environmental Protection Agency 
submitted a revision to the sulfur dioxide SIP for the Ohio Power 
Muskingum River Power Plant located in Morgan and Washington Counties. 
USEPA approves an emission limit of 8.6 lbs/MMBTU to protect the primary 
NAAQS with a compliance date of June 17, 1980. In addition, USEPA 
approves an emission limit of 7.6 lbs/MMBTU to protect the secondary 
NAAQS with a compliance date of July 1, 1989.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) rule 3745-18-03(C)(3)(gg)(vi) 
effective in Ohio December 28, 1979; rule 3745-18-

[[Page 498]]

64(B) and rule 3745-18-90(B) effective in Ohio on October 1, 1982.
    (B) Director's Final Findings and Orders dated October 18, 1982, 
before the Ohio Environmental Protection Agency.
    (C) Director's Findings and Order dated November 18, 1986, before 
the Ohio Environmental Protection Agency.
    (ii) Additional information.
    (A) Technical Support Document for emission limitations including 
dispersion modeling for the Muskingum River Plant submitted by the State 
on April 8, 1982.
    (B) Muskingum River Plant Supplementary Technical Support Document 
submitted by the State on June 22, 1982.
    (C) Air Monitoring Data submitted by the State on June 22, 1982.
    (71) On July 1, 1980, the State of Ohio submitted a revision to its 
State Implementation Plan amending Sec. 3704.11 of the Ohio Revised 
Code. This revision expands the authority given to a political 
subdivision in relation to certain open burning activities. Additional 
information for the revision was also submitted on September 30, 1980 
and January 16, 1981.
    (72) On March 16, 1982, the State of Ohio submitted a revision to 
its State Implementation Plan for TSP for the Southerly Wastewater 
Treatment Plant in Columbus, Ohio.
    (73) On March 28, 1983, the State of Ohio Environmental Protection 
Agency (OEPA) submitted amendments to the Ohio Administrative Code (OAC) 
Chapter 3745-21 and supporting data to USEPA as a proposed revision to 
the ozone portion of its SIP. OAC Chapter 3745-21, entitled ``Carbon 
Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related 
Material Standards'', contains Ohio's VOC RACT I and II regulations. The 
amendments to these regulations are embodied in the OAC as follows: 
Definitions, Rule 3745-21-01; Attainment dates and compliance time 
schedules, Rule 3745-21-04; Control of emissions of organic compounds 
from stationary sources, Rule 3745-21-09; and Compliance test methods 
and procedures, Rule 3745-21-10. See (c)(15). USEPA is not taking action 
on the applicability of Rule 3745-21-09 to new sources of VOC, to the 
gasoline throughout exemption level for gasoline dispensing facilities, 
and to the compliance date extension for Honda of America Manufacturing, 
Inc. auto and motorcycle assembly plant in Marysville. USEPA is not 
taking action on OAC Rule 3745-21-09(AA))(2)(a) which exempts any dry 
cleaning facility in which less than 60,000 pounds of fabrics are 
cleaned per year. USEPA is not taking action on OAC Rule 3745-21-
09(U)(2)(f) (i) and (ii) which apply to new sources (surface coating 
lines). USEPA is identifying deficiencies in the existing Rule 3745-21-
09(D)(3) which contains an alternative daily emission limitation for can 
coating facilities. USEPA identified the following deficiencies within 
this rule: This rule presents equations for determining an alternative 
daily emission limitation. USEPA finds that the equations are incorrect 
in that they are based on volume of coating used (in gallons, excluding 
water), which in many cases can lead to erroneous results. Equivalency 
calculations for coatings should be performed on a basis of volume of 
coating solids used rather than volume of coating used. (45 FR 80824 
gives an example calculation for can coating done on a volume solids 
basis.)
    (i) Incorporation by reference.
    (A) Amendments to OAC Chapter 3745-21, dated June 21, 1982 and 
January 24, 1983.
    (1) Rule 3745-21-01; Definitions.
    (i) Section (D)(16), (36), and (50), paper and vinyl coating.
    (ii) Section (F)(1-8), asphalts in road construction and 
maintenance.
    (iii) Sections (E)(8), and (J)(5), corrections to Sections (E)(8) 
and (J)(5).
    (2) Rule 3745-21-04; Attainment dates and compliance time schedules.
    (i) Section (C)(3), can coating lines.
    (ii) Section (C)(15), cutback and emulsified asphalts.
    (iii) Section (C)(29), gasoline tank trucks.
    (iv) Section (C)(33), External floating roof tanks.
    (3) Rule 3745-21-09, Control of emission of organic compounds from 
stationary sources.
    (i) Section (B), Emission limitations.

[[Page 499]]

    (ii) Sections, (C) (1) and (3), Surface coating of automobiles and 
light duty trucks.
    (iii) Sections (I) (1) and (2), Surface coating of metal furniture.
    (iv) Sections (K) (1) and (3) and (K)(4) (a), (b) and (c), Surface 
coating of large appliances.
    (v) Sections (N) (1), (2), and (3) (b) and (c), Use of cutback and 
emulsified asphalts.

    Note: USEPA is not approving (N)(3) (a) and (e).

    (vi) Section (O)(2), Solvent metal cleaning.
    (vii) Sections (P) (1), (4), and (5), Bulk gasoline plants.
    (viii) Section (Q)(3), Bulk gasoline terminals.
    (ix) Section (R)(3), Gasoline dispensing facilities.
    (x) Sections (U)(1) and the exemptions contained in (2)(h), Surface 
coating miscellaneous metal parts and products.
    (xi) Sections (X)(1) (a)(i), (b)(i), and the exemption contained in 
(2)(d), Rubber tire manufacturing.
    (xii) Sections (Z)(1)(b) through (h), (2), and (3), Storage of 
petroleum liquid in external floating roof tanks. NOTE: USEPA is not 
approving (Z)(1)(a).
    (xiii) Section (AA) (1) and (2) (b) and (c), Dry cleaning facility. 
NOTE: USEPA is not proposing to approve (AA)(2)(a).
    (xiv) Sections (K)(4) (a), (b), and (c), for the Whirlpool 
Corporation plants located in Marion, Sandusky, and Hancock Counties.
    (xv) Section (X)(2)(d), Cooper Tire and Rubber tire manufacturing 
facility located in Hancock County.
    (4) Rule 3745-21-10; Compliance test methods and procedures.
    (i) Sections (A) (3) and (4), General provisions.
    (ii) Section (B) (3), (4) and (5), Methods for determining VOC 
content of surface coating and inks.
    (iii) Section (E) (4) and (7), Method for determining VOC emissions 
from bulk gasoline terminals.
    (iv) Section (K), Methods for detecting leaks of gasoline vapors.
    (74)-(75) [Reserved]
    (76) On April 9, 1986, the State of Ohio submitted a negative 
declaration for natural gas/gasoline processing plants and manufacturers 
of high-density polyethylene and polypropylene resins.
    (i) Incorporation by reference.
    (A) Letter dated April 9, 1986, from Warren W. Tyler, Director, 
State of Ohio Environmental Protection Agency.
    (77) On November 20, 1985, the Ohio Environmental Protection Agency 
submitted a revision to the State Implementation Plan for Total 
Suspended Particulates. This revision request is for operating permits 
for the following two shiploading facilities: The Andersons Grain 
Division, Toledo Plant and Mid-States Terminals, Incorporated.
    (i) Incorporation by reference.
    (A) Permit to Operate an Air Contaminant Source for the Andersons 
Grain Division, Toledo Plant. Date of Issuance: November 18, 1985.
    (B) Permit to Operate an Air Contaminant Source for Mid-States 
Terminals, Incorporated. Date of Issuance: November 18, 1985.
    (78) On April 30, 1986, (draft) and on May 5, 1987, (final) the Ohio 
Environmental Protection Agency (OEPA) submitted a revision request to 
Ohio's sulfur dioxide SIP. The revision was in the form of Permits to 
Operate for the Coulton Chemical Plant in Toledo, Ohio, and the E.I. 
duPont de Nemours and Company facility in Miami, Ohio. The permits 
require the installation and operation of continuous emission monitors 
for sulfur dioxide at these facilities, and the reporting of monitoring 
data.
    (i) Incorporation by reference.
    (A) Special Term and Condition No. 3 of Permit to Operation No. 
0448020014P001 for Coulton Chemical Corporation, effective January 3, 
1986, Permit to Operate No. 0448020014P002 for Coulton Chemical 
Corporation, effective March 25, 1986.
    (B) Special Term and Condition No. 3 of Permit to Operate No. 
1431350817P001 for E.I. duPont de Nemours and Company (Fort Hill Plant), 
effective March 2, 1984.
    (ii) Additional material.
    (A) September 5, 1985, letter from Charles M. Taylor, Chief, 
Division of Air Pollution Control, Ohio Environmental Protection Agency; 
to Steve Rothblatt, Chief, Air and Radiation

[[Page 500]]

Branch, U.S. Environmental Protection Agency.
    (79) On April 9, 1986, the Ohio Environmental Protection Agency 
(OEPA) submitted a request for a revision to the Ozone State 
Implementation Plan (SIP) for the Huffy Corporation in Celina Ohio 
(Mercer County). This revision was in the form of a rule which is 
applicable to the Huffy Corporation in Mercer County.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-21-09(U)(2)(j), 
effective May 9, 1986.
    (80) On April 9, 1986, the Ohio Environmental Protection Agency 
submitted a revision to the State Implementation Plan for ozone. The 
revision consists of the reasonably available control technology (RACT) 
III volatile organic compound regulations.
    (i) Incorporation by reference. Ohio EPA OAC
    (A) Rule 3745-21-01, Definitions. Paragraphs (K), (L), (M), and (N), 
effective May 9, 1986. Ohio EPA OAC
    (B) Rule 3745-21-04, Attainment Dates and Compliance Time Schedules. 
Paragraphs (B)(1), and (C)(36) through (C)(39), effective May 9, 1986. 
Ohio EPA OAC
    (C) Rule 3745-21-09, Control of Emissions of Volatile Organic 
Compounds from Stationary Sources. Paragraphs (A)(1), (A)(2), (A)(4), 
(BB), (CC), (DD), (EE), and Appendix A, effective May 9, 1986. Ohio EPA 
OAC
    (D) Rule 3745-21-10, Compliance Test Method and Procedures. 
Paragraphs (C), (F), (L), (M), (N), (O), and (P), effective May 9, 1986.
    (81) On March 3, 1986, the Ohio Environmental Protection Agency 
(OEPA) submitted Good Engineering Stack Height Regulations as a revision 
to the Ohio State Implementation Plan (SIP).
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Chapter 3745-16-01 and 02, entitled 
``Definitions'' and ``Good Engineering Practice Stack Height 
Regulations''. These rules were adopted by the State on February 12, 
1986 and were effective on March 5, 1986.
    (B) September 2, 1987 letter from Richard L. Shank, Ph.D., Director, 
Ohio Environmental Protection Agency; to Valdas Adamkus, Regional 
Administrator, USEPA.
    (ii) Additional material.
    (A) March 3, 1986, letter from Warren W. Tyler, Director, Ohio 
Environmental Protection Agency; to Valdas Adamkus, Regional 
Administrator, U.S. EPA.
    (82) On November 7, 1985, the Ohio Environmental Protection Agency 
submitted a revision to the ozone portion of the Ohio State 
Implementation Plan (SIP) for the Reynolds Metal Company in Pickaway 
County, Ohio. This variance shall expire on May 6, 1992.
    (i) Incorporation by reference.
    (A) State of Ohio Environmental Protection Agency Variance to 
Operate an Air Contaminant Source (except for Conditions No. 2, No. 3, 
and No. 6); Date of Issuance: October 29, 1985, Issued to: Reynolds 
Metal Company; Constitutes a Variance to Operate: miscellaneous metal 
parts coating line--Ransburg Disc spray booths No. 1 and No. 2; and 
signed by Warren W. Tyler, Director, Ohio Environmental Protection 
Agency.
    (83) On October 4, 1982, and January 24, 1983, the Ohio 
Environmental Protection Agency (OEPA) submitted revisions to the Ohio 
Administrative Code (OAC) Chapter 3745-31-01 through 3745-31-08 to 
satisfy the New Source Review conditional approval of October 31, 1980 
(45 FR 72119). U.S. EPA is granting limited approval of the revision to 
Ohio's New Source Review State Implementation Plan (SIP) because the 
revised regulations strengthen the SIP.
    (i) Incorporation by reference.
    (A) OAC Rule 3745-31 through 3745-31-03--Permits to Install New 
Sources of Pollution (Adopted June 30, 1982, effective August 15, 1982), 
as found in the State of Ohio Environmental Protection Agency Laws and 
Regulations.
    (ii) Additional material.
    (A) A June 30, 1987, letter from OEPA certified that the State did 
not rely upon additional reductions through the offset policy to attain 
or maintain the National Ambient Air Quality Standards.
    (84) On June 1, 1987, the Ohio Environmental Protection Agency 
(OEPA) submitted a revision request to Ohio's ozone SIP for the Goodyear 
Tire and Rubber Company in St. Marys

[[Page 501]]

(Auglaize County) Ohio. The revision was in the form of variances for 
adhesive application lines K001 to K019 and exempts them from the 
requirements contained in Ohio Administrative Code (OAC) Rule 3745-21-
09(U). These variances expire on (3 years and 30 days from date of 
publication). The accommodative SIP for Auglaize County is removed for 
the period these variances are in effect.
    (i) Incorporation by reference. (A) Condition Number 8 (which 
references Special Terms and Conditions Numbers 1 through 5) within each 
of 19 ``State of Ohio Environmental Protection Agency Variances to 
Operate An Air Contaminant Source'', Application Numbers 0306010138K001-
0306010138K019, for Goodyear Tire and Rubber Company. The Date of 
Issuance is May 22, 1987.
    (85) On February 17, 1988, and January 4, 1989, the Ohio 
Environmental Protection Agency submitted a revision to the total 
suspended particulate SIP for Youngstown Thermal Corporation located in 
Youngstown, Ohio. This revision establishes a 0.02 lb/MMBTU emission 
limit for the one gas and Number 2 oil-fired boiler (B001) and a 0.14 
lb/MMBTU limit for the three coal-fired boilers (B002, B003, and B004).
    (i) Incorporation by reference. (A) Ohio Administrative Code (OAC) 
Rule 3745-17-01, effective in Ohio on October 1, 1983; Rule 3745-17-03, 
effective in Ohio on October 15, 1983; and Rule 3745-17-10, effective in 
Ohio on October 1, 1983, as they apply to Youngstown Thermal Energy 
Corporation in Youngstown, Ohio only.
    (86) [Reserved]
    (87) On July 11, 1988, Ohio submitted its vehicle inspection and 
maintenance regulation for Cuyahoga, Lake, Lorain, Hamilton, and Butler 
Counties.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code rules 3745-26-01, 3745-26-02, 3745-26-
03, 3745-26-04, 3745-26-05, 3745-26-06, 3745-26-07, 3745-26-08, and 
3745-26-09, effective July 17, 1987.
    (88) [Reserved]
    (89) On February 28, 1989, the Ohio Environmental Protection Agency 
(OEPA) submitted a revision request to Ohio's ozone SIP for the Navistar 
International Transportation Corporation in Springfield, Ohio. It 
modified this request on March 30, 1990. The revision is in the form of 
variances for miscellaneous metal parts and products coating lines and 
exempts them from the requirements contained in Ohio Administrative Code 
(OAC) Rule 3745-21-09(U). These variances expire on January 4, 1994.
    (i) Incorporation by reference.
    (A) Condition Number 8 (which references Special Terms and 
Conditions Number 1 through 11) within both of the ``State of Ohio 
Environmental Protection Agency Variances to Operate An Air Contaminant 
Source'', Application Numbers 0812760220K009 and 0812760220K013 for 
Navistar International Transportation Corporation. The Date of Issuance 
is February 28, 1989.
    (90) On April 9, 1986, the Ohio Environmental Protection Agency 
(OEPA) submitted amendments to the Ohio Administrative Code (OAC) 
Chapter 3745-21. The amendments are embodied in the following OAC 
regulations: Definitions, Rule 3745-21-01; Attainment dates and 
compliance time schedules, Rule 3745-21-04; Control of emissions of 
volatile organic compounds from stationary sources, Rule 3745-21-09; and 
Compliance test methods and procedures, Rule 3745-21-10. USEPA is 
approving these amendments with the following exceptions: The proposed 
relaxation for food can end sealing compounds in 3745-21-09(D)(1)(e) and 
(D)(2)(e) (from 3.7 to 4.4 lbs VOC/gallon); the proposed revision to the 
exemption in 3745-21-09(N)(3)(e) for the application by hand of any 
cutback asphalt or emulsified asphalt for patching or crack sealing; the 
recordkeeping requirements in 3745-21-09(N)(4); the relaxation from 3.5 
to 6.2 lbs VOC/gallon for high performance architectural aluminum 
coatings in 3745-21-09(U)(1)(a)(viii); the exemption for new sources in 
3745-21-09(U)(2)(f); and the relaxation for miscellaneous metals 
coatings in 3745-21-09(U)(1)(a)(vii).
    (i) Incorporation by reference.
    (A) Amendments to Ohio Administrative Code Rule 3745-21-01, 
effective on May 9, 1986.
    (B) Amendments to Ohio Administrative Code Rule 3745-21-04, 
effective on May 9, 1986.

[[Page 502]]

    (C) Amendments to Ohio Administrative Code Rule 3745-21-09, 
effective on May 9, 1986, except for:
    (1) 3745-21-09(D)(1)(e) and (D)(2)(e) (proposed relaxation for food 
can end sealing);
    (2) 3745-21-09(N)(3)(e) (proposed revision to the exemption for the 
application by hand of any cutback or emulsified asphalt for patching 
crack sealing);
    (3) 3745-21-09(N)(4) (recordkeeping requirements);
    (4) 3745-21-09(U)(1)(a)(viii) (relaxation from 3.5 to 6.2 lbs VOC. 
gal for high performance architectural aluminum coatings);
    (5) 3745-21-09(U)(2)(f) (the exemption for new sources); and
    (6) 3745-21-09(U)(1)(a)(vii) (relaxation for miscellaneous metal 
coatings).
    (D) Amendments to Ohio Administrative Code Rule 3745-21-10, 
effective May 9, 1996.
    (91) On September 30, 1983, the Ohio Environmental Protection Agency 
(OEPA) submitted a revision request to the ozone SIP for Ludlow Flexible 
Packaging, Inc. (Ludlow), located in Mt. Vernon (Knox County), Ohio. 
This revision was in the form of variances and permits that established 
a bubble with monthly averaging between 22 paper coating and printing 
lines (sources K001-K022) and a compliance date extension to June 30, 
1987. On January 13, 1987, the OEPA submitted additional information 
concerning this revision stating that several of the printing lines have 
been or will be permanently shut down and the remaining lines will be 
controlled by thermal incineration in accordance with OAC Rule 3745-21-
09(Y). In addition, four of the paper coating lines (K017-K019, K022) 
have been removed from the plant. Therefore, only eight paper coating 
lines (K011-K016, K020 and K021) remain under the bubble. This revision 
exempts these lines from the control requirements contained in Ohio 
Administrative Code (OAC) Rules 3745-21-09(F) and 3745-21-09(Y). These 
variances and permits expire on April 22, 1996.
    The accommodative SIP for Knox County will be canceled upon approval 
of this SIP revision.
    (i) Incorporation by reference.
    (A) Condition Number 8 (which references Special Terms and 
Conditions Numbers 1-7 within each of the 5 ``State of Ohio 
Environmental Protection Agency Variance to Operate an Air Contaminant 
Source,'' Application Numbers 0342010111K011-0342010111K015, as they 
apply to Ludlow Flexible Packaging, Inc., located in Mt. Vernon, Ohio. 
The Date of Issuance is September 23, 1983.
    (B) Condition Number 8 (which references Special Terms and 
Conditions Numbers 1-7) within each of the 3 ``State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source,'' Application Numbers 0342010111K016, 0342010111K020, and 
0342010111K021, as they apply to Ludlow Flexible Packaging, Inc., 
located in Mt. Vernon, Ohio. The Date of Issuance is September 23, 1983.
    (ii) Additional material.
    (A) January 13, 1987, letter from Patricia P. Walling, Chief, 
Division of Air Pollution Control, Ohio Environmental Protection Agency; 
to Steve Rothblatt, Chief, Air and Radiation Branch, U.S. Environmental 
Protection agency.
    (92) On October 16, 1991, and March 17, 1993, the Ohio Environmental 
Protection Agency (OEPA) submitted revisions to the State Implementation 
Plan for sulfur dioxide for sources in Hamilton County, Ohio.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-18-03 Attainment dates 
and compliance time schedules, Sections (A)(2)(c); (B)(7)(a); (B)(7)(b); 
(C)(8)(a); (C)(8)(b); (C)(9)(a); (C)(9)(b); (D)(1); (D)(2); dated 
October 11, 1991, and effective on October 31, 1991.
    (B) Ohio Administrative Code (OAC) Rule 3745-18-04 Measurement 
methods and procedures, Sections (D)(7); (D)(8)(a) to (D)(8)(e); (E)(5); 
(E)(6)(a); (E)(6)(b); (F); (G)(1) to (G)(4); (I); dated October 11, 
1991, and effective on October 31, 1991.
    (C) Ohio Administrative Code (OAC) Rule 3745-18-37, Hamilton county 
emission limits, dated February 22, 1993, and effective on March 10, 
1993.
    (D) Director's Final Findings and Order for Cincinnati Gas and 
Electric Company, Miami Fort Station, dated February 22, 1993.

[[Page 503]]

    (93) In a letter dated October 16, 1992, the OEPA submitted a 
revision to the Carbon Monoxide State Implementation Plan for Cuyahoga 
County. This revision contains a maintenance plan that the area will use 
to maintain the CO NAAQS. The maintenance plan contains an oxygenated 
fuels program as a contingency measure to be implemented if the area 
violates the CO NAAQS.
    (i) Incorporation by reference.
    (A) Letter dated October 16, 1992, from Donald R. Schregardus, 
Director, Ohio Environmental Protection Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5 
and its enclosures entitled ``Table 1 Cuyahoga County Carbon Monoxide 
Emission Inventory'', Enclosure B ``Cuyahoga County carbon monoxide SIP 
submittal'', and section 6.0 of Enclosure C ``Cuyahoga County Carbon 
Monoxide Modeling Study Final Report.''
    (ii) Additional information.
    (A) Letter dated January 14, 1993, from Donald R. Schregardus, 
Director, Ohio Environmental Protection Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
    (B) Letter dated February 10, 1993, from Robert F. Hodanbosi, Chief, 
Division of Air Pollution Control, Ohio Environmental Protection Agency 
to David Kee, Director, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 5.
    (C) Letter dated July 29, 1993, from Robert F. Hodanbosi, Chief, 
Division of Air Pollution Control, Ohio Environmental Protection Agency 
to David Kee, Director, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 5.
    (94) On June 24, 1985, the Ohio Environmental Protection Agency 
submitted revisions to its ozone control State Implementation Plan which 
would establish a volatile organic compounds (VOC) bubble and 
alternative VOC reasonably available control technology for vinyl and U-
frame vinyl coating lines at Columbus Coated Fabrics in Franklin County, 
Ohio.
    (i) Incorporation by reference.
    (A) Condition Number 8 (which references special Terms and 
Conditions Numbers 1 through 7) within each of 15 State of Ohio 
Environmental Protection Agency Permits and Variances to Operate an Air 
Contaminant Source, Application Numbers 0125040031 K001 through 
0125040031 K015 for Columbus Coated Fabrics. The date of issuance is 
November 2, 1983. These permits and variances are approved for the 
period 12/12/85 to 1/6/92.
    (B) Condition Number 8 (which references special Terms and 
Conditions Numbers 1 through 4) within each of 11 State of Ohio 
Environmental Protection Agency Variances to Operate an Air Contaminant 
Source, Application Numbers 0125040031 K016 through 0125040031 K026 for 
Columbus Coated Fabrics. The date of issuance is November 2, 1983. These 
variances are approved for the period 4/1/82 to 1/6/92.
    (C) State of Ohio Environmental Protection Agency Orders to Modify 
Variances to Operate modifying Special Condition Number 1 of Ohio 
Environmental Protection Agency Variances to Operate an Air Contaminant 
Source, Application Numbers 0125040031 K016 through 0125040031 K026 for 
Columbus Coated Fabrics. The date of issuance is May 21, 1985. These 
orders are approved for the period 4/1/82 to 1/6/92.
    (95) On October 16, 1992, the State of Ohio submitted the tailpipe 
test inspection and maintenance program revisions to its carbon monoxide 
implementation plan for Cuyahoga County.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code: amended rules, 3745-26-01 through 
3745-26-09, effective May 15, 1990, and new rules, 3745-26-10 and 3745-
26-11, effective May 15, 1990.
    (ii) Additional materials--Remainder of the State submittal.
    (A) Letter from the Director, Ohio Environmental Protection Agency, 
dated November 18, 1992, and additional materials.
    (96) On June 9, 1988, and August 24, 1990, the Ohio Environmental 
Protection Agency (OEPA) submitted revisions to the State Implementation 
Plan for ozone. The revisions consist of new non-Control Technique 
Guideline volatile organic compound (VOC) rules and corrections to 
existing VOC rules.
    (i) Incorporation by reference.

[[Page 504]]

    (A) OEPA Ohio Administrative Code (OAC) Rule 3745-21-01, 
Definitions, Paragraphs (A), (B), (C), (D)(1) through (5), (D)(7), 
(D)(9) through (62), (E) through (S); effective August 22, 1990.
    (B) OEPA OAC Rule 3745-21-04, Attainment Dates and Compliance Time 
Schedules, Paragraphs (A), (B), (C); effective August 22, 1990.
    (C) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile 
Organic Compounds from Stationary Sources, Paragraphs (A), (B), (C) 
through (H), (J), (K), (M), (P), (S), (T), (V), (X), (Y), (BB), (CC), 
(FF) through (NN), (PP), effective August 22, 1990.
    (D) OEPA OAC Rule 3745-21-10, Compliance Test Methods and 
Procedures, Paragraphs (B), (D), (F), (G), (I) through (N), (P); 
effective August 22, 1990.
    (97) On November 14, 1991, December 4, 1991, and January 8, 1992, 
OEPA submitted revisions to its particulate matter plan, including 
Statewide rule revisions, rule revisions for specific facilities in 
Cuyahoga and Jefferson Counties, and supplemental materials to address 
the requirements of part D of title I of the Clean Air Act for the 
Cuyahoga and Jefferson County nonattainment areas. Rules 3745-17-
03(B)(10)(c) and 3745-17-12(P)(6)(a) (concerning quench water limits) 
are not approved.
    (i) Incorporation by reference.
    (A) Rule 3745-17-01--Definitions, effective December 6, 1991.
    (B) Rule 3745-17-02--Ambient air quality standards, effective June 
14, 1991.
    (C) Rule 3745-17-03--Measurement methods and procedures, effective 
December 6, 1991, except for paragraph (B)(10)(c) which is disapproved.
    (D) Rule 3745-17-04--Compliance time schedules, effective December 
6, 1991.
    (E) Rule 3745-17-07--Control of visible particulate emissions from 
stationary sources, effective June 14, 1991.
    (F) Rule 3745-17-08--Restriction of emission of fugitive dust, 
effective June 14, 1991.
    (G) Rule 3745-17-09--Restrictions on particulate emissions and odors 
from incinerators, effective July 9, 1991.
    (H) Rule 3745-17-10--Restrictions on particulate emissions from fuel 
burning equipment, effective June 14, 1991.
    (I) Rule 3745-17-11--Restrictions on particulate emissions from 
industrial processes, effective June 14, 1991.
    (J) Rule 3745-17-12--Additional restrictions on particulate 
emissions from specific air contaminant sources in Cuyahoga County, 
effective December 6, 1991, except for paragraph (P)(6)(a) which is 
disapproved.
    (K) Rule 3745-17-13--Additional restrictions on particulate 
emissions from specific air contaminant sources in Jefferson County, 
effective December 6, 1991.
    (L) Rule 3745-17-14--Contingency plan requirements for Cuyahoga and 
Jefferson Counties, effective December 6, 1991.
    (M) Rule 3745-75-01--Applicability and definitions, effective July 
9, 1991.
    (N) Rule 3745-75-02--Emission limits, effective July 9, 1991.
    (O) Rule 3745-75-03--Design parameters and operating restrictions, 
effective July 9, 1991.
    (P) Rule 3745-75-04--Monitoring requirements, effective July 9, 
1991.
    (Q) Rule 3745-75-05--Recordkeeping, effective July 9, 1991.
    (R) Rule 3745-75-06--Certification and compliance time schedules, 
effective July 9, 1991.
    (ii) Additional information.
    (A) Appendices A through P to a letter from Donald Schregardus to 
Valdas Adamkus dated November 14, 1991, providing emissions inventories 
and modeling demonstrations of attainment for the Cleveland and 
Steubenville areas and providing other related information.
    (B) A letter from Donald Schregardus to Valdas Adamkus dated 
December 4, 1991, and attachments, supplementing the November 14, 1991, 
submittal.
    (C) A letter from Donald Schregardus to Valdas Adamkus dated January 
8, 1992, and attachments, supplementing the November 14, 1991, 
submittal.
    (98) On April 20, 1994, and March 7, 1995, Ohio submitted Rule 3745-
35-07, entitled ``Federally Enforceable Limitations on Potential to 
Emit,'' and requested authority to issue such limitations as conditions 
in State operating permits.
    (i) Incorporation by reference. Rule 3745-35-07, adopted November 3, 
1994, effective November 18, 1994.

[[Page 505]]

    (99) [Reserved]
    (100) On March 22, 1994, the Ohio Environmental Protection Agency 
submitted a revision request to Ohio's ozone SIP for approval of the 
State's emissions statement program. The emissions statement program 
requirements apply to sources in the following counties: Ashtabula, 
Butler, Clark, Clermont, Cuyahoga, Delaware, Franklin, Geauga, Greene, 
Hamilton, Lake, Licking, Lorain, Lucas, Mahoning, Medina, Miami, 
Montgomery, Portage, Stark, Summit, Trumbull, Warren, and Wood.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code rules 3745-24-01, 3745-24-02, 3745-24-
03, and 3745-24-04, effective April 1, 1994.
    (101) On November 12, 1993 the Ohio Environmental Protection Agency 
submitted a vehicle inspection and maintenance program in accordance 
with section 110 of the Clean Air Act as amended in 1990. The new 
program replaces I/M programs in operation in the Cleveland and 
Cincinnati areas and establishes new programs in Dayton and any area 
designated moderate nonattainment or any area where local planning 
authorities have requested the State to implement a program.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Amended Rules 3745-26-01, 3754-26-02, 
3745-26-10, and rules 3745-26-12, 3745-26-13, and 3745-26-14, all made 
effective on June 13, 1994.
    (ii) Other material.
    (A) Certification letter from the Director of the Ohio Environmental 
Protection Agency regarding the State process in developing the I/M 
rules and the I/M program.
    (B) Letter dated June 22, 1994, from the Director of OEPA regarding 
implementation of an I/M program in the Toledo area in the event the 
State's request for redesignation to attainment for that area is not 
approved by USEPA.
    (102) On June 7, 1993, and February 17, 1995, the Ohio Environmental 
Protection Agency (OEPA) submitted revisions to the State Implementation 
Plan (SIP) for ozone. The revisions include 19 new non-Control Technique 
Guideline volatile organic compound (VOC) rules, Findings and Orders for 
5 companies, and two permits to install.
    (i) Incorporation by reference.
    (A) OEPA OAC Rule 3745-21-01, Definitions, Paragraphs (Q); (T); 
effective January 17, 1995.
    (B) OEPA OAC Rule 3745-21-04, Attainment Dates and Compliance Time 
Schedules, Paragraphs (C)(40); (C)(41); (C)(46); (C)(48); (C)(49); 
(C)(50); (C)(51); (C)(53); (C)(54); (C)(59); (C)(60); (C)(61); (C)(62); 
effective January 17, 1995.
    (C) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile 
Organic Compounds from Stationary Sources, Paragraphs (FF), (GG), (HH), 
(II), (JJ), (KK), (LL), (MM), (NN), (OO), (PP), (QQ), (SS), (TT), (YY), 
(ZZ), (AAA); (BBB); effective January 17, 1995.
    (D) Director's Final Findings and Orders for AK Steel Corporation 
(Middletown), International Paper Company (Cincinnati), Midwest Mica & 
Insulation Company (Cleveland), Reilly Industries, Inc. (Cleveland), and 
Sprayon Products, Inc. (Bedford Heights), Issued by Ohio Environmental 
Protection Agency on August 18, 1995.
    (E) Permit to Install, Application Number 13-2396, for Excello 
Specialty Company, APS Premise Number 1318607686. The date of issuance 
is December 11, 1991.
    (F) Permit to Install, Application Number 14-2096, for Hilton Davis 
Company, APS Premise Number 1431070039. The date of issuance is June 12, 
1991.
    (103) On June 7, 1993, and February 17, 1995, the Ohio Environmental 
Protection Agency (OEPA) submitted revisions to the State Implementation 
Plan (SIP) for ozone. The revisions include one new non-Control 
Technique Guideline volatile organic compound (VOC) rule, corrections to 
existing VOC rules, and two permits-to-install.
    (i) Incorporation by reference.
    (A) OEPA Ohio Administrative Code (OAC) Rule 3745-21-01, 
Definitions, Paragraphs (B)(1), (B)(2), (B)(6), (D)(6), (D)(8), (D)(22), 
(D)(45), (D)(48), (D)(58), (M)(8); effective January 17, 1995.
    (B) OEPA OAC Rule 3745-21-04, Attainment Dates and Compliance Time 
Schedules, Paragraphs (B), (C)(3)(c), (C)(4)(b), (C)(5)(b), (C)(6)(b), 
(C)(8) (b) and (c), (C)(9)(b), (C)(10)(b), (C)(19) (b), (c), and (d), 
(C)(28)(b), (C)(38), (C)(39), (C)(42), (C)(43), (C)(44), (C)(45), 
(C)(47),

[[Page 506]]

(C)(55), (C)(65); effective January 17, 1995.
    (C) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile 
Organic Compounds from Stationary Sources, Paragraphs (A), (C) through 
(L), (N) through (T), (X), (Y), (Z), (BB), (CC), (DD), (UU), Appendix A; 
effective January 17, 1995.
    (D) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile 
Organic Compounds from Stationary Sources, Paragraph (B) except 
(B)(3)(d) and (e) for the Ohio Counties of Ashtabula, Butler, Clermont, 
Cuyahoga, Geauga, Hamilton, Lake, Lorain, Medina, Portage, Summit, and 
Warren; effective January 17, 1995.
    (E) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile 
Organic Compounds from Stationary Sources, Paragraph (U) except 
(U)(1)(h) statewide and (U)(2)(e)(ii) for the Ohio Counties of 
Ashtabula, Butler, Clermont, Cuyahoga, Geauga, Hamilton, Lake, Lorain, 
Medina, Portage, Summit, and Warren; effective January 17, 1995.
    (F) OEPA OAC Rule 3745-21-10, Compliance Test Methods and 
Procedures, Paragraphs (A), (B), (C), (E), (O); effective January 17, 
1995.
    (G) Permit to Install, Application Number 04-204, for Abitibi-Price 
Corporation, APS Premise Number 0448011192. The date of issuance is July 
7, 1983.
    (H) Permit to Install, Application Number 08-3273, for General 
Motors Corporation Delco Chassis Division, APS Premise Number 
0857040935. The date of issuance is February 13, 1995.
    (ii) Additional material.
    (A) On June 7, 1993, the OEPA submitted negative declarations for 
the source categories of polypropylene or high density polyethylene 
resin manufacturing, natural gas/gasoline processing plants, and surface 
coating of flat wood paneling. These negative declarations are approved 
into the Ohio ozone SIP.
    (B) On February 21, 1995, the OEPA submitted a list of facilities 
subject to the post-enactment source categories listed in Appendix E to 
the General Preamble. 57 FR 18070, 18077 (April 28, 1992). This list is 
approved into the Ohio ozone SIP.
    (104) On June 7, 1993, the Ohio Environmental Protection Agency 
(OEPA) submitted a revision request to Ohio's ozone SIP for approval of 
the State's Stage II vapor recovery program. The Stage II program 
requirements apply to sources in the following areas: Cincinnati-
Hamilton; Cleveland-Akron-Lorain; and Dayton-Springfield.
    (i) Incorporation by reference.
    (A) OEPA Ohio Administrative Code (OAC) Rule 3745-21-04, Attainment 
Dates and Compliance Time Schedules, Paragraph (C)(64); effective date 
March 31, 1993.
    (B) OEPA OAC Rule 3745-21-10, Compliance Test Methods and 
Procedures, Paragraphs (Q), (R), (S), Appendices A, B, C; effective date 
March 31, 1993.
    (C) Ohio Administrative Code rules 3745-21-09(DDD)(1)-(4), effective 
date March 31, 1993.
    (105) On September 17, 1993, the Ohio Environmental Protection 
Agency requested the redesignation of Lucas and Wood Counties to 
attainment of the National Ambient Air Quality Standard for ozone. To 
meet the redesignation criteria set forth by section 107(d)(3)(E) (iii) 
and (iv), Ohio credited emissions reductions from the enclosure of the 
``oily ditch'' at the British Petroleum Refinery in Oregon, Ohio. The 
USEPA is approving the Director's Finding and Order which requires the 
enclosure of the ``oily ditch'' into the SIP for Lucas and Wood 
Counties.
    (i) Incorporation by reference.
    (A) Letter dated June 2, 1994, from Donald R. Schregardus, Director, 
Ohio Environmental Protection Agency, to Valdas Adamkus, Regional 
Administrator, USEPA, Region 5, and one enclosure which is the revised 
Director's Final Findings and Orders in the matter of BP Oil company, 
Toledo Refinery, 4001 Cedar Point Road, Oregon, Ohio, Fugitive Emissions 
from the Refinery Waste Water System ``Oily Ditch'', effective June 2, 
1994.
    (106) On October 7, 1994, Ohio submitted four rules in Chapter 3745-
71 of the Ohio Administrative Code, entitled ``Lead Emissions,'' and 
submitted a modeling demonstration that the limitations in these rules 
assure attainment of the lead standard in central Cleveland.

[[Page 507]]

    (i) Incorporation by reference. Rules 3745-71-01, 3745-71-03, 3745-
71-05, and 3745-71-06, all adopted September 22, 1994, and effective 
October 4, 1994.
    (ii) Additional material. A submittal letter from the Director of 
the Ohio Environmental Protection Agency, with attachments documenting a 
modeling analysis of lead concentrations near the Master Metals 
secondary lead smelter.
    (107) Approval--On August 17, 1995, the Ohio Environmental 
Protection Agency submitted a revision to the State Implementation Plan 
for general conformity rules. The general conformity rules enable the 
State of Ohio to implement and enforce the Federal general conformity 
requirements in the nonattainment or maintenance areas at the State or 
local level in accordance with 40 CFR part 93, subpart B--Determining 
Conformity of General Federal Actions to State or Federal Implementation 
Plans.
    (i) Incorporation by reference. August 1, 1995, Ohio Administrative 
Code Chapter 3745-102, effective August 21, 1995.
    (108) [Reserved]
    (109) On July 17, 1995, Ohio submitted a Particulate Matter (PM) 
contingency measures State Implementation Plan (SIP) revision request. 
The submittal includes Final Findings and Orders for 5 companies. The 
Findings and Orders provide PM emission reductions which will take 
effect if an area fails to attain the National Ambient Air Quality 
Standards for PM.
    (i) Incorporation by reference. Director's Final Findings and Orders 
for Ford Motor Company (Cleveland Casting Plant), T&B Foundry Company, 
International Mill Service, Luria Brothers, and United Ready Mix, issued 
by the Ohio Environmental Protection Agency on July 10, 1995.
    (110) On November 3, 1995, December 21, 1995, and March 21, 1996, 
OEPA submitted revisions to its particulate matter plan, addressing 
prior deficiencies in its plans for Cuyahoga and Jefferson Counties.
    (i) Incorporation by reference.
    (A) Rule 3745-17-03--Rule 3745-17-03--Measurement methods and 
procedures, effective November 15, 1995.
    (B) Rule 3745-17-04--Compliance time schedules, effective November 
15, 1995.
    (C) Rule 3745-17-12--Additional restrictions on particulate 
emissions from specific air contaminant sources in Cuyahoga County, 
effective November 15, 1995.
    (D) Findings and Orders issued to the Wheeling-Pittsburgh Steel 
Corporation, signed by Donald Schregardus and effective on October 31, 
1995.
    (ii) Additional material--Dispersion modeling analyses for the 
Steubenville area and for Cuyahoga County near Ford's Cleveland Casting 
Plant.
    (111) On July 18, 1996, the Ohio Environmental Protection Agency 
submitted a site specific State Implementation Plan revision for Ohio 
Edison's Sammis and Toronto plants for Sulfur Dioxide. The revisions for 
the Sammis plant provide ``as an alternative'' to the existing boiler 
specific regulations a limit of ``2.91 lbs./MMBTU actual heat input from 
each boiler''. The regulation for the Toronto plant reduces allowable 
emissions to 2.0 lbs./MMBTU.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-18-47, effective July 
25, 1996.
    (112) On August 29, 1996, the United States Environmental Protection 
Agency received from the Ohio Environmental Protection Agency, changes 
to the approved vehicle inspection and maintenance (I/M) program which 
control the release of volatile organic compounds from vehicles. These 
changes provide a repair spending cap of $300 and a temporary hardship 
extension of time up to 6 months for owners to perform needed repairs on 
vehicles which fail the I/M program test.
    (i) Incorporation by reference.
    (A) Rule 3745-26-01--Definitions effective May 15, 1996.
    (B) Rule 3745-26-12--Requirements for motor vehicle owners in the 
enhanced or opt-in enhanced automobile inspection and maintenance 
program, effective May 15, 1996.
    (113) On August 30, 1996, Ohio submitted a request to extend the 
exemption from opacity limits for the boilers at Ford's Cleveland Engine 
Plant 1 to six hours after start-up.
    (i) Incorporation by reference.
    (A) Findings and Orders for boilers number 1 through number 5 at 
Ford's Cleveland Engine Plant 1, signed by Donald Schregardus on May 31, 
1996.

[[Page 508]]

    (114) On November 12, 1996, the Ohio Environmental Protection Agency 
submitted a request to incorporate section(G)(9)(g) of Rule 3745-21-07 
of the Ohio Administrative Code into the Ohio State Implementation Plan 
(SIP). Section (G)(9)(g) provides an additional exemption from organic 
compound emission controls for qualifying new sources. Because, in the 
process of adopting section(G)(9)(g), minor editorial changes were made 
to other parts of Rule 3745-21-07, the United States Environmental 
Protection Agency is incorporating all of Rule 3745-21-07 into the Ohio 
SIP. This will avoid confusion by making the SIP approved rule identical 
to the current State rule.
    (i) Incorporation by reference.
    (A) Rule 3745-21-07 of the Ohio Administrative Code, adopted October 
7, 1996, effective October 31, 1996, as certified by Donald R. 
Schregardus, Director of the Ohio Environmental Protection Agency.
    (115) On January 3, 1997, the Ohio EPA submitted a revision to the 
Hamilton County sulfur dioxide implementation plan for the Procter and 
Gamble Company, Ohio Administrative Code 3745-18-37(GG)(2), which limits 
combined average operating rate of all boilers (B001, B008, B021, and 
B022) to a maximum of 922 million BTU per hour for any calendar day. 
Boilers B001 and B008 are each allowed to emit 1.1 pounds of sulfur 
dioxide per million BTU actual heat input. Boiler B021 is limited to 
1.50 pounds of sulfur dioxide per million BTU; and boiler B022 is 
limited to 2.0 pounds of sulfur dioxide per million BTU average heat 
input.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-18-37(GG)(2), Hamilton 
County emission limits, dated December 17, 1996, for Procter and Gamble 
Company.
    (B) Director's Findings and Orders in the matter of the adoption of 
amended Rule 3745-18-37 of the Ohio Administrative Code, dated December 
17, 1996.
    (ii) Additional materials.
    (A) Letter from Ohio EPA Director Donald R. Schregardus to Regional 
Administrator Valdas Adamkus, dated January 3, 1997.
    (B) Letter from Ohio EPA Air Pollution Control Division Chief, 
Robert Hodanbosi to EPA dated August 11, 1997.
    (116) On December 9, 1996, the Ohio Environmental Protection Agency 
submitted two revisions to its sulfur dioxide rules. The first revision 
provides adjusted, State adopted limits for a Sun Oil Company facility. 
The second revision, applicable Statewide, exempts sources from 
operating hour limits on days when only natural gas is burned. Further, 
by letter of December 15, 1997, the State requested that U.S. 
Environmental Protection Agency address the addition of emission limits 
for stationary gas turbines and stationary internal combustion engines 
in rule 3745-18-06 that have been adopted previously.
    (i) Incorporation by reference. (A) Ohio Administrative Code (OAC) 
rule 3745-18-54 (O) and OAC rule 3745-18-06, adopted October 7, 1996, 
effective October 31, 1996.
    (117) On August 1, 1997 the Ohio Environmental Protection Agency 
submitted a requested revision to the Ohio State Implementation Plan. 
This revision constituted amendments to the emissions statement 
reporting regulations approved on October 13, 1994 and codified in 
paragraph (c)(100) of this section. The revision is intended to limit 
the applicability of these rules to stationary sources located within 
the State's marginal and above ozone nonattainment areas.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-24-02 Applicability. 
Effective July 31, 1997.
    (118) On August 20, 1998, Ohio submitted material including State 
adopted limits for Lake County, and requested approval of limits for the 
Ohio First Energy Eastlake Plant and the Ohio Rubber Company Plant.
    (i) Incorporation by reference.
    (A) Rule 3745-18-49 (G) and (H) of the Ohio Administrative Code, 
effective May 11, 1987.
    (119) On September 21, 1998, Ohio submitted revisions to its Permit 
to Operate rules as a revision to the State implementation plan.
    (i) Incorporation by reference
    (A) Ohio Administrative Code 3745-35-02, adopted April 4, 1994, 
effective April 20, 1994.

[[Page 509]]

    (120) On January 3, 1999, Ohio submitted, as a State implementation 
plan revision, de minimus exemption provisions for its permitting rules.
    (i) Incorporation by reference
    (A) Ohio Administrative Code 3745-15-05, adopted April 4, 1994, 
effective April 20, 1994.
    (121) On March 20, 2000, the Ohio Environmental Protection Agency 
submitted rules to control sulfur dioxide emissions in Coshocton, Gallia 
and Lorain Counties.
    (i) Incorporation by reference. Rules OAC 3745-18-22; OAC 3745-18-
33; and OAC 3745-18-53. Adopted March 1, 2000; effective March 21, 2000.
    (122) On October 6, 1999, the Ohio Environmental Protection Agency 
submitted revised Transportation Conformity rules for the State of Ohio. 
The submittal made revisions to the current State plan for the 
implementation of the federal transportation conformity requirements at 
the State and 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. Only certain sections of the 
submittal are approved.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code: amended rules, OAC 3745-101-02, OAC 
3745-101-03 (A), (B), (C), (D), (G), (H), (I), (J), (K), (L), except (E) 
and (F), OAC 3745-101-05, OAC 3745-101-06, OAC 3745-101-07 (A), (B), (C) 
except for (C)(1)(a) and (C)(2)(a), (D), (E), (F), (G), (H), (I), (J), 
OAC 3745-101-08, OAC 3745-101-09, OAC 3745-101-10, OAC 3745-101-11, OAC 
3745-101-12 except for (A)(2), OAC 3745-101-13 except (A)(1), OAC 3745-
101-14, OAC 3745-101-15, OAC 3745-101-17, OAC 3745-101-18, OAC 3745-101-
19, effective on February 16, 1999.
    (B) No action is being taken on: OAC 3745-101-04.
    (123) On July 6, 2000, the State of Ohio submitted a site-specific 
State Implementation Plan (SIP) revision affecting Volatile Organic 
Compound control requirements at Morgan Adhesives Company in Stow, Ohio. 
The SIP revision establishes an alternative control strategy for 
limiting volatile organic compound emissions from coating lines at its 
pressure sensitive tape and manufacturing plant in Stow.
    (i) Incorporation by reference. July 5, 2000, Director's Final 
Findings and Orders of the Ohio Environmental Protection Agency in the 
matter of: Morgan Adhesives Company, effective on July 5, 2000.
    (124) On November 9, 2000, Ohio submitted Director's Final Findings 
and Orders revising sulfur dioxide emissions regulations for the 
Lubrizol Corporation facility in Lake County, Ohio. The revisions 
include the adjustment of six short-term emissions limits, the addition 
of an annual emissions limit, and the addition of a continuous emissions 
monitoring system (CEMS). These state implementation plan revisions do 
not increase allowable sulfur dioxide emissions.
    (i) Incorporated by reference. Emissions limits for the Lubrizol 
Corporation facility in Lake County contained in Director's Final 
Findings and Orders. The orders were effective on November 2, 2000 and 
entered in the Director's Journal on November 9, 2000.
    (125) On March 20, 2000, the Ohio Environmental Protection Agency 
submitted revised rules to control sulfur dioxide emissions in Butler 
and Pickaway Counties, and a revision to compliance time schedules as 
well as measurement methods and procedures for SO2 sources 
for the State of Ohio. Ohio has rescinded OAC 3745-18-04 (G), which had 
special emission calculation procedures for Hamilton County.
    (i) Incorporation by reference.
    (A) Rules OAC 3745-18-03(A)(2)(d); OAC 3745-18-03(B)(4); OAC 3745-
18-03(B)(8); OAC 3745-18-03(C)(6); OAC 3745-18-03(C)(10); 3745-18-
04(D)(8); 3745-18-04(D)(9); OAC 3745-18-04(E)(7); OAC 3745-18-04(F); OAC 
3745-18-15; OAC 3745-18-71. Adopted March 1, 2000, effective March 21, 
2000.
    (B) Rule OAC 3745-18-49(F), effective May 11, 1987.
    (126) On March 1, 1996, and several subsequent dates, Ohio submitted 
revisions to its Permit to Install rules as a revision to the State 
implementation plan.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-31-21, effective April 
27, 1998; OAC Rules 3745-31-22 through 3745-31-

[[Page 510]]

27, effective April 12, 1996; OAC Rules 3745-47-01, 3745-47-2, and 3745-
47-03, effective June 30, 1981; OAC Rule 3745-47-05, effective June 30, 
1981; OAC Rule 3745-47-07, effective June 30, 1981; and OAC Rule 3745-
47-08(D), effective August 10, 1999.
    (127) On July 18, 2002, Ohio submitted revisions to its Permit to 
Install rules as a revision to the State implementation plan.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rules 3745-31-01, 3745-31-02, 3745-31-
03, 3745-31-05, and 3745-31-07 effective November 30, 2001.
    (128) On July 11, 2002, the Ohio Environmental Protection Agency 
submitted revisions to Chapter 3745-14-(1 through 11) of the Ohio 
Administrative Code (OAC), an oxides of nitrogen (NOX) budget 
trading program in Ohio, with a request that the Ohio State 
Implementation Plan be revised to include these NOX rules.
    (i) Incorporation by reference.
    (A) Ohio NOX rules: 3745-14-01, 3745-14-02, 3745-14-03, 
3745-14-04, 3745-14-05, 3745-14-06, 3745-14-07, 3745-14-08, 3745-14-09, 
3745-14-10, 3745-14-11 in the OAC all with an effective date of July 18, 
2002.
    (ii) On June 25, 2003, the Ohio Environmental Protection Agency 
submitted a letter committing to change the flow control date, in rule 
3745-14-06(E)(6) from 2006 to 2005, within approximately 6 months of the 
effective date of the submittal date.
    (129) On September 27, 2003, the Ohio Environmental Protection 
Agency submitted revised rules for sulfur dioxide. The submittal 
includes revised provisions in Rules 3745-18-01, 3745-18-04, and 3745-
18-06, relating to natural gas use, as well as special provisions in 
Rule 3745-18-04 for compliance testing for Lubrizol in Lake County. The 
submittal includes recently revised Ohio limits in Cuyahoga, Lake, 
Mahoning, Monroe, and Washington Counties, as well as previously adopted 
source-specific limits in Adams, Allen, Clermont, Lawrence, Montgomery, 
Muskingum, Pike, Ross, and Wood Counties that had not previously been 
subject to EPA rulemaking.
    (i) Incorporation by reference.
    (A) Rules OAC 3745-18-01; OAC 3745-18-04(F); OAC 3745-18-04(J); OAC 
3745-18-06; OAC 3745-18-24; OAC 3745-18-49; OAC 3745-18-56; OAC 3745-18-
62; and OAC 3745-18-90. Adopted August 19, 2003, effective September 1, 
2003.
    (B) Rules OAC 3745-18-07(B); OAC 3745-18-08(H); OAC 3745-18-19(B); 
OAC 3745-18-66(C); OAC 3745-18-72(B);, effective May 11, 1987.
    (C) OAC 3745-18-50(C); OAC 3745-18-77(B); effective December 28, 
1979.
    (D) OAC 3745-18-63(K) and (L); and OAC 3745-18-93(B) and (C); 
effective December 1, 1984.
    (ii) Additional material--Letter from Robert Hodanbosi, Chief of the 
Division of Air Pollution Control of the Ohio EPA, to Thomas Skinner, 
Regional Administrator for Region 5 of USEPA, dated September 27, 2003.
    (130) On November 26, 2003, the Ohio Environmental Protection Agency 
submitted revisions to OAC rule 3745-14-06 (NOX Allowance 
Tracking System) that changes the flow control date to 2005.
    (i) Incorporation by reference.
    (A) Amended OAC rule 3745-14-06. Adopted by the Ohio Environmental 
Protection Agency on November 12, 2003. Effective November 24, 2003.
    (B) [Reserved]
    (131) [Reserved]
    (132) On June 28, 2004, the Ohio Environmental Protection Agency 
submitted revisions to OAC rule 3745-14-01. These revisions change the 
definition of ``boiler'' by excluding from the trading program carbon 
monoxide (CO) boilers associated with combusting CO from fluidized 
catalytic cracking units at petroleum refineries. The submittal also 
includes revisions to OAC rule 3745-14-03 (A housekeeping correction to 
reference OAC Chapter 3745-77 concerning Title V operating permit) and 
3745-14-05 (Revising the number of trading program budget allowances and 
source identification for the ozone seasons 2004 through 2007).
    (i) Incorporation by reference.
    (A) Ohio Administrative Code rules 3745-14-01, 3745-14-03, and 3745-
14-05, effective May 25, 2004.
    (133) On May 20, 2005, the Ohio Environmental Protection Agency 
submitted volatile organic compound (VOC) regulations for five source 
categories in the Cincinnati ozone nonattainment area. These regulations 
complete the requirement that all VOC

[[Page 511]]

reasonably available control technology (RACT) regulations, for which 
there are eligible sources, have been approved by EPA into the SIP for 
the Cincinnati ozone nonattainment area.
    (i) Incorporation by Reference. The following sections of the Ohio 
Administrative Code (OAC) are incorporated by reference.
    (A) OAC rule 3745-21-01(U), (definitions for commercial bakery oven 
facilities), effective May 27, 2005.
    (B) OAC rule 3745-21-01(V), (definitions for reactors and 
distillation units employed in SOCMI chemical production), effective May 
27, 2005.
    (C) OAC rule 3745-21-01(W), (definitions for batch operations), 
effective May 27, 2005.
    (D) OAC rule 3745-21-01(X), (definitions for wood furniture 
manufacturing operations), effective May 27, 2005.
    (E) OAC rule 3745-21-01(Y), (definitions for industrial wastewater), 
effective May 27, 2005.
    (F) OAC rule 3745-21-12: ``Control of Volatile Organic Compound 
Emissions from Commercial Bakery Oven Facilities'', effective May 27, 
2005.
    (G) OAC rule 3745-21-13: ``Control of Volatile Organic Compound 
Emissions from Reactors and Distillation Units Employed in SOCMI 
Chemical Production'', effective May 27, 2005.
    (H) OAC rule 3745-21-14: ``Control of Volatile Organic Compound 
Emissions from Process Vents in Batch Operations'', effective May 27, 
2005.
    (I) OAC rule 3745-21-15: ``Control of Volatile Organic Compound 
Emissions from Wood Furniture Manufacturing Operations'', effective May 
27, 2005.
    (J) OAC rule 3745-21-16: ``Control of Volatile Organic Compound 
Emissions from Industrial Wastewater'', effective May 27, 2005.
    (134) On July 18, 2000, the Ohio Environmental Protection Agency 
submitted revised rules for particulate matter. Ohio adopted these 
revisions to address State-level appeals by various industry groups of 
rules that the State adopted in 1995 that EPA approved in 1996. The 
revisions provide reformulated limitations on fugitive emissions from 
storage piles and plant roadways, selected revisions to emission limits 
in the Cleveland area, provisions for Ohio to follow specified criteria 
to issue replicable equivalent visible emission limits, the correction 
of limits for stationary combustion engines, and requirements for 
continuous emissions monitoring as mandated by 40 CFR part 51, Appendix 
P. The State's submittal also included modeling to demonstrate that the 
revised Cleveland area emission limits continue to provide for 
attainment of the PM10 standards. EPA is disapproving two 
paragraphs that would allow revision of limits applicable to Ford Motor 
Company's Cleveland Casting Plant through permit revisions without the 
full EPA review provided in the Clean Air Act.
    (i) Incorporation by reference.
    (A) The following rules in Ohio Administrative Code Chapter 3745-17 
as effective January 31, 1998: Rule OAC 3745-17-01, entitled 
Definitions, Rule OAC 3745-17-03, entitled Measurement methods and 
procedures, Rule OAC 3745-17-04, entitled Compliance time schedules, 
Rule OAC 3745-17-07, entitled Control of visible particulate emissions 
from stationary sources, Rule OAC 3745-17-08, entitled Restriction of 
emission of fugitive dust, Rule OAC 3745-17-11, entitled Restrictions on 
particulate emissions from industrial processes, Rule OAC 3745-17-13, 
entitled Additional restrictions on particulate emissions from specific 
air contaminant sources in Jefferson county, and OAC 3745-17-14, 
entitled Contingency plan requirements for Cuyahoga and Jefferson 
counties.
    (B) Rule OAC 3745-17-12, entitled Additional restrictions on 
particulate emissions from specific air contaminant sources in Cuyahoga 
county, as effective on January 31, 1998, except for paragraphs (I)(50) 
and (I)(51).
    (C) Engineering Guide 13, as revised by Ohio EPA, Division 
of Air Pollution Control, on June 20, 1997.
    (D) Engineering Guide 15, as revised by Ohio EPA, Division 
of Air Pollution Control, on June 20, 1997.
    (ii) Additional material.
    (A) Letter from Robert Hodanbosi, Chief of Ohio EPA's Division of 
Air Pollution Control, to EPA, dated February 12, 2003.
    (B) Telefax from Tom Kalman, Ohio EPA, to EPA, dated January 7, 
2004, providing supplemental documentation

[[Page 512]]

of emissions estimates for Ford's Cleveland Casting Plant.
    (C) Memorandum from Tom Kalman, Ohio EPA to EPA, dated February 1, 
2005, providing further supplemental documentation of emission 
estimates.
    (D) E-mail from Bill Spires, Ohio EPA to EPA, dated April 21, 2005, 
providing further modeling analyses.
    (135) On May 9, 2006, the Ohio Environmental Protection Agency 
submitted several volatile organic compound rules for approval into the 
Ohio State Implementation Plan.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Chapter 3745-21-01 Definitions: 
Paragraphs (D) and (Z), adopted 1/31/2006, effective 2/10/2006.
    (B) Ohio Administrative Code Chapter 3745-21-04 Attainment dates and 
compliance time schedules: Paragraph (C)(16)(c), adopted 1/31/2006, 
effective 2/10/2006.
    (C) Ohio Administrative Code Chapter 3745-21-09 Control of emissions 
of volatile organic compounds from stationary sources and 
perchloroethylene from dry cleaning facilities: Paragraphs 
(O)(2)(e),(O)(6)(b),(T)(4),(Y), (HH), (RR), and (VV), adopted 3/2/2006, 
effective 3/12/2006.
    (D) Ohio Administrative Code Chapter 3745-21-17: Portable Fuel 
Containers, adopted 1/31/2006, effective 2/10/2006.
    (E) Ohio Administrative Code Chapter 3745-21-18: Commercial Motor 
Vehicle and Mobile Equipment Refinishing Operations, adopted 1/31/2006, 
effective 2/10/2006.
    (136) On May 16, 2006, Ohio submitted numerous regulations for 
sulfur dioxide. These regulations were submitted to replace the 
remaining federally promulgated regulations, to make selected revisions 
to applicable limits, and to update company names and make other similar 
administrative changes. On December 10, 2007, Ohio submitted a corrected 
rule for Stark County.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rules 3745-18-01 ``Definitions and 
incorporation by reference.'', 3745-18-02 ``Ambient air quality 
standards; sulfur dioxide.'', 3745-18-03 ``Attainment dates and 
compliance time schedules.'', 3745-18-06 ``General emission limit 
provisions.'', 3745-18-10 ``Ashtabula County emission limits.'', 3745-
18-11 ``Athens County emission limits.'', 3745-18-12 ``Auglaize County 
emission limits.'', 3745-18-17 ``Champaign County emission limits.'', 
3745-18-18 ``Clark County emission limits.'', 3745-18-28 ``Erie County 
emission limits.'', 3745-18-29 ``Fairfield County emission limits.'', 
3745-18-31 ``Franklin County emission limits.'', 3745-18-34 ``Geauga 
County emission limits.'', 3745-18-35 ``Greene County emission 
limits.'', 3745-18-37 ``Hamilton County emission limits.'', 3745-18-38 
``Hancock County emission limits.'', 3745-18-49 ``Lake County emission 
limits.'', 3745-18-50 ``Lawrence County emission limits.'', 3745-18-53 
``Lorain County emission limits.'', 3745-18-57 ``Marion County emission 
limits.'', 3745-18-61 ``Miami County emission limits.'', 3745-18-63 
``Montgomery County emission limits.'', 3745-18-66 ``Muskingum County 
emission limits.'', 3745-18-68 ``Ottawa County emission limits.'', 3745-
18-69 ``Paulding County emission limits.'', 3745-18-72 ``Pike County 
emission limits.'', 3745-18-76 ``Richland County emission limits.'', 
3745-18-77 ``Ross County emission limits.'', 3745-18-78 ``Sandusky 
County emission limits.'', 3745-18-79 ``Scioto County emission 
limits.'', 3745-18-80 ``Seneca County emission limits.'', 3745-18-81 
``Shelby County emission limits.'', 3745-18-83 ``Summit County emission 
limits.'', 3745-18-84 ``Trumbull County emission limits.'', 3745-18-85 
``Tuscarawas County emission limits.'', 3745-18-87 ``Van Wert County 
emission limits.'', 3745-18-90 ``Washington County emission limits.'', 
3745-18-91 ``Wayne County emission limits.'', and 3745-18-93 ``Wood 
County emission limits.'', adopted on January 13, 2006, effective 
January 23, 2006.
    (B) January 13, 2006, ``Director's Final Findings and Orders'', 
signed by Joseph P. Koncelik, Director, Ohio Environmental Protection 
Agency, adopting the rules identified in paragraph (A) above.
    (C) Ohio Administrative Code Rules 3745-18-08 ``Allen County 
emission limits.'', 3745-18-15 ``Butler County emission limits.'', 3745-
18-24 ``Cuyahoga County emission limits.'', and 3745-18-54 ``Lucas 
County emission limits.'',

[[Page 513]]

adopted on March 16, 2006, effective March 27, 2006.
    (D) March 16, 2006, ``Director's Final Findings and Orders'', signed 
by Joseph P. Koncelik, Director, Ohio Environmental Protection Agency, 
adopting rules 3745-18-08, 3745-18-15, 3745-18-24, and 3745-18-54.
    (E) Ohio Administrative Code Rule 3745-18-82 ``Stark County emission 
limits.'', adopted on November 28, 2007, effective December 8, 2007.
    (F) November 28, 2007, ``Director's Final Findings and Orders'', 
signed by Chris Korleski, Director, Ohio Environmental Protection 
Agency, adopting rule 3745-18-82.
    (137) On January 31, 2007, Ohio requested to rescind certain 
transportation conformity rules from the Ohio State Implementation Plan, 
which were previously approved in paragraph (c)(122) of this section. 
The rules that are being rescinded at Ohio's request are 3745-101-05, 
3745-101-06, 3745-101-07, 3745-101-08, 3745-101-09, 3745-101-10, 3745-
101-11, 3745-101-12, 3745-101-13, 3745-101-15, 3745-101-16, 3745-101-18, 
3745-101-19, and 3745-101-20.
    (138) On February 14, 2006, and October 6, 2006, the State of Ohio 
submitted a revision to the Ohio State Implementation Plan. 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 the Cincinnati and Dayton 8-hour ozone nonattainment areas which 
includes Hamilton, Butler, Clinton, Warren, Clermont, Clark, Greene, 
Miami, and Montgomery counties.
    (i) Incorporation by reference. The following sections of the Ohio 
Administrative Code (OAC) are incorporated by reference.
    (A) OAC Rule 3745-72-01: ``Applicability'', effective July 17, 2006 
except for 3745-72-01(E).
    (B) OAC Rule 3745-72-02: ``Definitions'', effective July 17, 2006.
    (C) OAC Rule 3745-72-03: ``Gasoline volatility standards and general 
provisions'', effective January 16, 2006.
    (D) OAC Rule 3745-72-04: ``Transfer documentation and 
recordkeeping'', effective January 16, 2006.
    (E) OAC Rule 3745-72-05: ``Liability'', effective January 16, 2006.
    (F) OAC Rule 3745-72-06: ``Defenses'', effective January 16, 2006.
    (G) OAC Rule 3745-72-07: ``Special provisions for alcohol blends'', 
effective January 16, 2006.
    (H) OAC Rule 3745-72-08: ``Quality assurance and test methods'', 
effective January 16, 2006.
    (ii) Additional materials.
    (A) Letter from Ohio EPA Director Joseph P. Koncelik to Regional 
Administrator Thomas Skinner, dated February 14, 2006.
    (B) Letter from Ohio EPA Director Joseph P. Koncelik to Regional 
Administrator Mary Gade, dated October 6, 2006.
    (139) On May 1, 2006, and supplemented on May 22, 2007, Ohio 
submitted final adopted state implementation plan revisions which 
concurrently rescinds and revises portions of the Ohio Administrative 
Code Chapter 3745-24 to be consistent with the Clean Air Act emission 
statement program reporting requirements for stationary sources. This 
revision includes amendments to the emission reporting regulation 
approved on October 13, 1994, and March 23, 1998, codified in paragraphs 
(c)(100) and (c)(117) of this section. The revision makes the rule more 
general to apply to all counties designated nonattainment for ozone, and 
not to a specific list of counties.
    (i) Incorporation by reference. The following sections of the Ohio 
Administrative Code (OAC) are incorporated by reference.
    (A) OAC Rule Chapter 3745-24-01: ``Definitions'', effective on 
December 16, 2005.
    (B) OAC Rule Chapter 3745-24-02: ``Applicability'', effective on 
December 16, 2005.
    (C) OAC Rule Chapter 3745-24-03: ``Deadlines for the submission of 
the emission statements'', effective on December 16, 2005.
    (140) Ohio Environmental Protection Agency submitted amendments on 
September 26, 2007, to the State Implementation Plan to control 
emissions from electric generating units (EGU). Rules affecting these 
units include: Ohio Administrative Code (OAC) 3745-109-01 (B)(59) and 
(72), 3745-109-04, 3745-109-08, 3745-109-14, 3745-109-17 (except the 
following: the language in paragraph (A)

[[Page 514]]

referencing the state trading budget for non-EGUs in 3745-109-17-
01(C)(4), paragraphs (C)(1)(a)(i)(d), (C)(2)(b), (C)(2)(d), (C)(2)(e), 
and (C)(2)(f), and the language in paragraph (C)(3)(a) referencing non-
EGUs), and 3745-109-21.
    (i) Incorporation by reference. The following sections of the Ohio 
Administrative Code (OAC) are incorporated by reference.
    (A) OAC 3745-109-01(B)(59) ``Energy efficiency/renewable energy 
project''; OAC 3745-109-01(B)(72) ``Innovative technology project''; OAC 
3745-109-04 ``CAIR NOX allowance allocations''; OAC 3745-109-
08 ``CAIR NOX opt-in units''; OAC 3745-109-14 ``CAIR 
SO2 opt-in units''; and OAC 3745-109-21 ``CAIR NOX 
ozone season opt-in units''; effective on September 27, 2007.
    (B) OAC 3745-109-17 ``CAIR NOX ozone season allowance 
allocations''; effective on September 27, 2007, except the following: 
the language in paragraph (A) referencing the state trading budget for 
non-EGUs in 3745-109-17-01(C)(4), paragraphs (C)(1)(a)(i)(d), (C)(2)(b), 
(C)(2)(d), (C)(2)(e), and (C)(2)(f), and the language in paragraph 
(C)(3)(a) referencing non-EGUs.
    (141) Ohio Environmental Protection Agency, on June 16, 2005, 
submitted amendments to the State Implementation Plan to control 
nitrogen oxide emissions from internal combustion engines in new rule 
Ohio Administrative Code (OAC) 3745-14-12. This rule adds stationary 
internal combustion engines to the list of sources in the Ohio 
NOX SIP Call emission reduction program. Also, OAC 3745-14-
01, General Provisions, is amended. This rule contains definitions used 
for the nitrogen oxides rules, expands the definition of NOX 
budget unit, adds definitions for the internal combustion engine rule, 
amends definition associated with continuous emissions monitoring, and 
makes corrections to typographical errors. OAC 3745-14-05 Portions of 
this rule are amended to correctly line up with the changes made in the 
definitions section of the NOX plan. Typographical errors are 
also corrected.
    (i) Incorporation by reference. The following sections of the Ohio 
Administrative Code (OAC) are incorporated by reference.
    (A) OAC 3745-14-01, General Provisions, effective on May 07, 2005.
    (B) OAC 3745-14-05, NOX Allowance Allocations, effective 
on May 07, 2005.
    (C) OAC 3745-14-12, Stationary Internal Combustion Engines, 
effective on May 7, 2005.
    (142) On October 6, 2006, Ohio submitted revisions to Ohio 
Administrative Code (OAC) Chapter 3745-14-05 to permanently retire 240 
new source set aside allowances from the State's oxides of nitrogen 
budget trading program.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-14-05 ``NOX 
Allowance Allocations,'' effective July 17, 2006.
    (143) On September 7, 2006, Ohio submitted revisions to Ohio 
Administrative Code Chapter 3745-19, Rules 3745-19-01 through 3745-19-05 
including the 3754-19-03 Appendix. The revisions update Ohio's open 
burning regulations. Ohio added requirements for specific types of 
burning: emergency burning, recreational fires, hazardous material 
disposal, and firefighting training. The State also added or refined 
some of the definitions.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Chapter 3745: Ohio Environmental 
Protection Agency, Chapter 19: Open Burning Standards, Rule 3745-19-01: 
Definitions, Rule 3745-19-02: Relations to Other Prohibitions, Rule 
3745-19-03: Open Burning in Restricted Areas with Appendix ``Open 
Burning of Storm Debris Conditions'', Rule 3745-19-04: Open Burning in 
Unrestricted Areas, and Rule 3745-19-05: Permission to Individuals and 
Notification to the Ohio EPA. The rules were effective on July 7, 2006.
    (B) June 27, 2006, ``Director's Final Findings and Orders'', signed 
by Joseph P. Koncelik, Director, Ohio Environmental Protection Agency, 
adopting rules 3745-19-01, 3745-19-02, 3745-19-03, 3745-19-04, and 3745-
19-05.

[37 FR 10886, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1870, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

[[Page 515]]



Sec. 52.1871  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Greater Metropolitan Cleveland Intrastate.................           I          I       III       III          I
Huntington (West Virginia)-Ashland (Kentucky)-Portsmouth-            I        III       III       III        III
 Ironton (Ohio) Interstate................................
Mansfield-Marion Intrastate...............................          II         II       III       III        III
Metropolitan Cincinnati Interstate........................           I         II       III       III          I
Metropolitan Columbus Intrastate..........................           I        III       III       III          I
Metropolitan Dayton Intrastate............................           I         II       III       III          I
Metropolitan Toledo Interstate............................           I          I       III       III          I
Northwest Ohio Intrastate.................................          II          I       III       III        III
Northwest Pennsylvania-Youngstown Interstate..............           I         II       III       III        III
Parkersburg (West Virginia)-Marietta (Ohio) Interstate....           I         II       III       III        III
Sandusky Intrastate.......................................         III        III       III       III        III
Steubenville-Weirton-Wheeling Interstate..................           I          I       III       III        III
Wilmington-Chillicothe-Logan Intrastate...................         III        III       III       III        III
Zanesville-Cambridge Intrastate...........................          II         IA       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10886, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 45 
FR 72146, Oct. 31, 1980]



Sec. 52.1872  [Reserved]



Sec. 52.1873  Approval status.

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

[45 FR 72146, Oct. 31, 1980, as amended at 47 FR 28099, June 29, 1982]



Sec. 52.1874  [Reserved]



Sec. 52.1875  Attainment dates for achieving the sulfur dioxide 
secondary standard.

    The attainment date for achieving the sulfur dioxide 
(SO2) secondary national ambient air quality standard (NAAQS) 
is August 27, 1979 except as follows. The following sources are required 
to achieve the secondary SO2 NAAQS by June 17, 1980: 
Youngstown Sheet & Tube Co.; PPG Industries, Inc.; Wheeling-Pittsburgh 
Steel Corp.; Pittsburgh-Canfield Corporation; The Timken Company; The 
Sun Oil Co.; Sheller-Globe Corp.; The B.F. Goodrich Company; Phillips 
Petroleum Co.; Shell Oil Co.; Federal Paper Board Co.; The Firestone 
Tire & Rubber Co.; Republic Steel Corp.; Chase Bag Co.; White-
Westinghouse Corp.; U.S. Steel Corp.; Interlake, Inc.; Austin Power Co.; 
Diamond Crystal Salt Co.; The Goodyear Tire & Rubber Co.; The Gulf Oil 
Co.; The Standard Oil Co.; Champion International Corp.; Koppers Co., 
Inc.; General Motors Corp.; E.I. duPont de Nemours and Co.; Coulton 
Chemical Corp.; Allied Chemical Corp.; Specialty Chemical Division; The 
Hoover Co.; Aluminum Co. of America; Ohio Greenhouse Asso.; Armco Steel 
Corp.; Buckeye Power, Inc.; Cincinnati Gas and Electric; Cleveland 
Electric Illuminating Co.; Columbus and Southern Ohio Electric; Dayton 
Power and Light Co.; Duquesne Light Co.; Ohio Edison Co.; Ohio Electric 
Co.; Pennsylvania Power Co.; Toledo Edison Co.; Ohio

[[Page 516]]

Edison Co.; RCA Rubber Co. The Ashland Oil Company is subject to a 
secondary SO2 NAAQS attainment date of September 14, 1982. 
The following sources located in Summit County are required to achieve 
the secondary SO2 NAAQS by January 4, 1983: Diamond Crystal 
Salt; Firestone Tire & Rubber Co.; General Tire & Rubber Co.; General 
Tire & Rubber; B.F. Goodrich Co.; Goodyear Aerospace Corp.; Goodyear 
Tire & Rubber Co.; Chrysler Corp.; PPG Industries Inc.; Seiberling Tire 
& Rubber; Terex Division of General Motors Corp.; Midwest Rubber 
Reclaiming; Kittinger Supply Co. The boiler of PPG Industries, Inc. 
located in Summit County must achieve attainment of the secondary 
SO2 NAAQS by August 25, 1983. The Portsmouth Gaseous 
Diffusion Plant in Pike County is required to attain the secondary 
SO2 NAAQS by November 5, 1984. The Ohio Power Company Galvin 
Plant located in Gallia County is required to attain the secondary 
SO2 NAAQS by August 25, 1985.

[61 FR 16062, Apr. 11, 1996]



Sec. 52.1876  Control strategy: Nitrogen dioxide.

    (a) The condition to EPA's approval of the oxides of nitrogen State 
Implementation Plan (SIP) codified at 40 CFR 52.1870(c)(128) is 
satisfied by Ohio's November 26, 2003, submittal of the change to the 
flow control date in the oxides of nitrogen budget trading SIP.
    (b) [Reserved]

[69 FR 13234, Mar. 22, 2004]



Sec. 52.1877  Control strategy: Photochemical oxidants (hydrocarbons).

    (a) The requirements of Subpart G of this chapter are not met 
because the Ohio plan does not provide for the attainment and 
maintenance of the national standard for photochemical oxidants 
(hydrocarbons) in the Metropolitan Cincinnati interstate region by May 
31, 1975.
    (b) The requirements of Sec. 52.14 are not met by Rule 3745-21-
09(N)(3) (a) and (e); Rule 3745-21-09(Z)(1)(a); Rule 3745-21-10, Section 
G; and Rule 3745-21-10, Section H, because these Ohio Rules do not 
provide for attainment and maintenance of the photochemical oxidant 
(hydrocarbon) standards throughout Ohio.
    (1) USEPA is disapproving new exemptions for the use of cutback 
asphalt [(Rule 3745-21-09(N)(3) (a) and (e)], because Ohio did not 
provide documentation regarding the temperature ranges in the additional 
two months that the State permits the use of cutback asphalts, and a 
lack of training is not sufficient reason for the 1000 gallons 
exemptions.
    (2) USEPA is disapproving Section V [Rule 3745-21-09(V)], because it 
contains an alternative leak testing procedure for gasoline tank trucks 
which USEPA finds to be unapprovable.
    (3) USEPA is disapproving exclusion of the external floating roof 
(crude oil) storage tanks from the secondary seal requirement [Rule 
3745-21-09(Z)(1)(a)], because Ohio has not demonstrated that the 
relaxation would not interfere with the timely attainment and 
maintenance of the NAAQS for ozone.
    (4) USEPA is disapproving compliance test method Section G, [Rule 
3745-21-10] as an alternative leak testing procedure for gasoline tank 
trucks, because such action on Section G, is consistent with USEPA's 
action on Rule 3745-21-09(V), which USEPA finds to be unapprovable.
    (5) USEPA is disapproving compliance test method Section H, [Rule 
3745-21-10], which involves a pressure test of only the vapor recovery 
lines and associated equipment. Compliance test method Section H is 
inconsistent with USEPA's control technique guidances and with tank 
truck certification regulations that are in effect in 19 other States. 
In addition, OEPA has presented no acceptable evidence demonstrating why 
this rule constitutes RACT.

[38 FR 30974, Nov. 8, 1973, as amended at 39 FR 13542, Apr. 15, 1974; 51 
FR 40676, Nov. 7, 1986; 54 FR 1940, Jan. 18, 1989]



Sec. 52.1878  [Reserved]



Sec. 52.1879  Review of new sources and modifications.

    (a) The requirements of sections 172, 173, 182, and 189 for 
permitting of major new sources and major modifications in nonattainment 
areas for ozone, particulate matter, sulfur dioxide, and carbon monoxide 
are not met, because

[[Page 517]]

Ohio's regulations exempt source categories which may not be exempted 
and because the State has not adopted the new permitting requirements of 
the Clean Air Act Amendments of 1990 in a clear or enforceable manner.
    (b) [Reserved]
    (c) The requirements of Sec. 51.161 of this chapter are not met 
because the State failed to submit procedures providing for public 
comment on review of new or modified stationary sources.
    (d) Regulation providing for public comment. (1) For purposes of 
this paragraph, Director shall mean the Director of the Ohio 
Environmental Protection Agency.
    (2) Prior to approval or disapproval of the construction or 
modification of a stationary source, the Director shall:
    (i) Make a preliminary determination whether construction or 
modification of the stationary source should be approved, approved with 
conditions or disapproved;
    (ii) Make available in at least one location in the region in which 
the proposed stationary source would be constructed or modified, a copy 
of all materials submitted by the owner or operator, a copy of the 
Director's preliminary determination, and a copy or summary of other 
materials, if any, considered by the Director in making his preliminary 
determination; and
    (iii) Notify the public, by prominent advertisement in a newspaper 
of general circulation in the region in which the proposed stationary 
source would be constructed or modified, of the opportunity for public 
comment on the information submitted by the owner or operator and the 
Director's preliminary determination on the approvability of the new or 
modified stationary source.
    (3) A copy of the notice required pursuant to this paragraph shall 
be sent to the Administrator through the appropriate regional office and 
to all other State and local air pollution control agencies having 
jurisdiction within the region where the stationary source will be 
constructed or modified.
    (4) Public comments submitted in writing within 30 days of the date 
such information is made available shall be considered by the Director 
in making his final decision on the application.
    (e) Approval--EPA is approving requests submitted by the State of 
Ohio on March 18, November 1, and November 15, 1994, for exemption from 
the requirements contained in section 182(f) of the Clean Air Act. This 
approval exempts the following counties in Ohio from the NOX 
related general and transportation conformity provisions and 
nonattainment area NSR for new sources and modifications that are major 
for NOX: Clinton, Columbiana, Delaware, Franklin, Jefferson, 
Licking, Mahoning, Preble, Stark, and Trumbull. This approval also 
exempts the following counties in Ohio from the NOX related 
general conformity provisions; nonattainment area NSR for new sources 
and modifications that are major for NOX; NOX 
RACT; and a demonstration of compliance with the enhanced I/M 
performance standard for NOX: Ashtabula, Cuyahoga, Geauga, 
Lake, Lorain, Medina, Portage, and Summit.
    (f) Approval--USEPA is approving two exemption requests submitted by 
the Ohio Environmental Protection Agency on September 20, 1993, and 
November 8, 1993, for the Toledo and Dayton ozone nonattainment areas, 
respectively, from the requirements contained in Section 182(f) of the 
Clean Air Act. This approval exempts the Lucas, Wood, Clark, Greene, 
Miami, and Montgomery Counties from the requirements to implement 
reasonably available control technology (RACT) for major sources of 
nitrogen oxides (NOX), nonattainment area new source review 
(NSR) for new sources and modifications that are major for 
NOX, and the NOX-related requirements of the 
general and transportation conformity provisions. For the Dayton ozone 
nonattainment area, the Dayton local area has opted for an enhanced 
inspection and maintenance (I/M) programs. Upon final approval of this 
exemption, the Clark, Greene, Miami, and Montgomery Counties shall not 
be required to demonstrate compliance with the enhanced I/M performance 
standard for NOX. If a violation of the ozone NAAQS is 
monitored in the Toledo or Dayton area(s), the exemptions from the 
requirements of Section 182(f) of the Act in the applicable area(s) 
shall no longer apply.

[[Page 518]]

    (g) Approval--EPA is approving an exemption from the requirements 
contained in section 182(f) of the Clean Air Act. This approval exempts 
Butler, Clermont, Hamilton, and Warren counties in Ohio from 
nonattainment NSR for new sources and modifications that are major for 
NOX.

[39 FR 13542, Apr. 15, 1974, as amended at 45 FR 72122, Oct. 31, 1980; 
45 FR 82927, Dec. 17, 1980; 51 FR 40677, Nov. 7, 1986; 58 FR 47214, 
Sept. 8, 1993; 59 FR 48395, Sept. 21, 1994; 60 FR 3766, Jan. 19, 1995; 
60 FR 36060, July 13, 1995; 65 FR 37899, June 19, 2000]



Sec. 52.1880  Control strategy: Particulate matter.

    (a) The requirements of subpart G of this chapter are not met 
because the Ohio plan does not provide for attainment and maintenance of 
the secondary standards for particulate matter in the Greater 
Metropolitan Cleveland Intrastate Region and the Ohio portions of the 
Northwest Pennsylvania-Youngstown and the Steubenville-Weirton-Wheeling 
Interstate Regions.
    (b) In Pickaway County, Columbus and Southern Ohio Electric Company, 
or any subsequent owner or operator of the Picway Generating Station, 
shall not operate simultaneously Units 3 and 4 (boilers 7 and 8) at any 
time. These units will terminate operation no later than October 1, 
1980.
    (c) Ohio Regulation EP-12 (open burning) is disapproved insofar as 
EP-12-03(D)(1) and EP-12-04(D)(1) allow open burning of hazardous or 
toxic materials.
    (d)-(f) [Reserved]
    (g) The B.F. Goodrich Chemical Plant State Implementation Plan 
revision is being disapproved because it is not supported by an adequate 
attainment demonstration and therefore does not meet the requirements of 
Sec. 51.13(e).
    (h) Approval. On January 4, 1989, the State of Ohio submitted a 
committal SIP for particulate matter with an aerodynamic diameter equal 
to or less than 10 micrometers (PM10) for Ohio's Group II 
areas. The Group II areas of concern are in Belmont, Butler, Columbiana, 
Franklin, Hamilton, Lorain, Mahoning, Montgomery, Richland, Sandusky, 
Scioto, Seneca, Stark, Summit, Trumbull, and Wyandot Counties. The 
committal SIP contains all the requirements identified in the July 1, 
1987, promulgation of the SIP requirements for PM10 at 52 FR 
24681.
    (i) Part D--Disapproval--Ohio's Part D TSP plan for the Middletown 
area is disapproved. Although USEPA is disapproving the plan, the 
emission limitations and other requirements in the federally approved 
SIP remain in effect. See Sec. 52.1870(c)(27).
    (j) Approval--EPA is approving the PM10 maintenance plan for 
Cuyahoga and Jefferson Counties that Ohio submitted on May 22, 2000, and 
July 13, 2000.

[39 FR 13542, Apr. 15, 1974, as amended at 43 FR 4259, Feb. 1, 1978; 43 
FR 4611, Feb. 3, 1978; 43 FR 16736, Apr. 20, 1978; 46 FR 19472, Mar. 31, 
1981; 46 FR 43423, Aug. 28, 1981; 49 FR 48544, Dec. 13, 1984; 50 FR 
5250, Feb. 7, 1985; 51 FR 40676, Nov. 7, 1986; 55 FR 11371, Mar. 28, 
1990; 55 FR 29846, July 23, 1990; 59 FR 27472, May 27, 1994; 65 FR 
77318, Dec. 11, 2000]



Sec. 52.1881  Control strategy: Sulfur oxides (sulfur dioxide).

    (a) USEPA is approving, disapproving or taking no action on various 
portions of the Ohio sulfur dioxide control plan as noticed below. The 
disapproved portions of the Ohio plan do not meet the requirements of 
Sec. 51.13 of this chapter in that they do not provide for attainment 
and maintenance of the national standards for sulfur oxides (sulfur 
dioxide). (Where USEPA has approved the State's sulfur dioxide plan, 
those regulations supersede the federal sulfur dioxide plan contained in 
paragraph (b) of this section and Sec. 52.1882.)
    (1) Approval--USEPA approves the following OAC Rule: 3745-18-01 
Definitions, 3745-18-02 Ambient Air Quality Standards-Sulfur Dioxide, 
3745-18-05 Ambient and Meteorological Monitoring Requirements, 3745-18-
06 General Emission Limit Provisions.
    (2) Approval--USEPA approves the Ohio Rules 3745-18-03 Attainment 
Dates and Compliance Time Schedules except for those provisions listed 
in Sec. 52.1881(a)(5).
    (3) Approval--USEPA approves the Ohio Rules 3745-18-04 Emission 
Measurement Methods except for those provisions listed in Sec. 
52.1881(a)(6).
    (4) Notwithstanding the portions of Ohio's sulfur dioxide rules 
identified in

[[Page 519]]

this section that EPA has either disapproved or taken no action on, EPA 
has approved a complete plan addressing all counties in the State of 
Ohio. EPA has approved the following rules, supplemented by any 
additional approved rules specified in 40 CFR 52.1870:
    (i) Rules as effective in Ohio on December 28, 1979: OAC 3745-18-
04(A), (B), (C), (D)(1), (D)(4), (E)(1), and (H) (measurement methods), 
OAC 3745-18-05 (ambient monitoring), OAC 3745-18-09 (Ashland County), 
OAC 3745-18-13 (Belmont), OAC 3745-18-14 (Brown), OAC 3745-18-16 
(Carroll), OAC 3745-18-19 (Clermont)--except for one paragraph approved 
later (CG&E Beckjord), OAC 3745-18-20 (Clinton), OAC 3745-18-21 
(Columbiana), OAC 3745-18-23 (Crawford), OAC 3745-18-25 (Darke), OAC 
3745-18-26 (Defiance), OAC 3745-18-27 (Delaware), OAC 3745-18-30 
(Fayette), OAC 3745-18-32 (Fulton), OAC 3745-18-36 (Guernsey), OAC 3745-
18-39 (Hardin), OAC 3745-18-40 (Harrison), OAC 3745-18-41 (Henry), OAC 
3745-18-42 (Highland), OAC 3745-18-43 (Hocking), OAC 3745-18-44 
(Holmes), OAC 3745-18-45 (Huron), OAC 3745-18-46 (Jackson), OAC 3745-18-
48 (Knox), OAC 3745-18-51 (Licking), OAC 3745-18-52 (Logan), OAC 3745-
18-55 (Madison), OAC 3745-18-58 (Medina), OAC 3745-18-59 (Meigs), OAC 
3745-18-60 (Mercer), OAC 3745-18-62 (Monroe), OAC 3745-18-64 (Morgan)--
except for one paragraph approved later (OP Muskingum River), OAC 3745-
18-65 (Morrow), OAC 3745-18-67 (Noble), OAC 3745-18-70 (Perry), OAC 
3745-18-73 (Portage), OAC 3745-18-74 (Preble), OAC 3745-18-75 (Putnam), 
OAC 3745-18-86 (Union), OAC 3745-18-88 (Vinton), OAC 3745-18-89 
(Warren), OAC 3745-18-92 (Williams), and OAC 3745-18-94 (Wyandot);
    (ii) Rules as effective in Ohio on October 1, 1982: OAC 3745-18-64 
(B) (OP Muskingum River in Morgan County);
    (iii) Rules as effective in Ohio on May 11, 1987: OAC 3745-18-19(B) 
(CG&E Beckjord);
    (iv) Rules as effective in Ohio on October 31, 1991: OAC 3745-18-04 
(D)(7), (D)(8)(a) to (D)(8)(e), (E)(5), (E)(6)(a), (E)(6)(b), (F), and 
(I) (measurement methods);
    (v) Rules as effective in Ohio on July 25, 1996: OAC 3745-18-47 
(Jefferson);
    (vi) Rules as effective in Ohio on March 21, 2000: OAC 3745-18-
04(D)(8), (D)(9), and (E)(7) (measurement methods), OAC 3745-18-22 
(Coshocton), OAC 3745-18-33 (Gallia), and OAC 3745-18-71 (Pickaway);
    (vii) Rules as effective in Ohio on September 1, 2003: OAC 3745-18-
04(F) and (J) (measurement methods), and OAC 3745-18-56 (Mahoning);
    (viii) Rules as effective in Ohio on January 23, 2006: OAC 3745-18-
01 (definitions), OAC 3745-18-02 (air quality standards), OAC 3745-18-03 
(compliance dates), OAC 3745-18-06 (general provisions), OAC 3745-18-07 
(Adams), OAC 3745-18-10 (Ashtabula), OAC 3745-18-11 (Athens), OAC 3745-
18-12 (Auglaize), OAC 3745-18-17 (Champaign), OAC 3745-18-18 (Clark), 
OAC 3745-18-28 (Erie), OAC 3745-18-29 (Fairfield), OAC 3745-18-31 
(Franklin), OAC 3745-18-34 (Geauga), OAC 3745-18-35 (Greene), OAC 3745-
18-37 (Hamilton), OAC 3745-18-38 (Hancock), OAC 3745-18-49 (Lake), OAC 
3745-18-50 (Lawrence), OAC 3745-18-53 (Lorain), OAC 3745-18-57 (Marion), 
OAC 3745-18-61 (Miami), OAC 3745-18-63 (Montgomery), OAC 3745-18-66 
(Muskingum), OAC 3745-18-68 (Ottawa), OAC 3745-18-69 (Paulding), OAC 
3745-18-72 (Pike), OAC 3745-18-76 (Richland), OAC 3745-18-77 (Ross), OAC 
3745-18-78 (Sandusky), OAC 3745-18-79 (Scioto), OAC 3745-18-80 (Seneca), 
OAC 3745-18-81 (Shelby), OAC 3745-18-83 (Summit), OAC 3745-18-84 
(Trumbull), OAC 3745-18-85 (Tuscarawas), OAC 3745-18-87 (Van Wert), OAC 
3745-18-90 (Washington), OAC 3745-18-91 (Wayne), and OAC 3745-18-93 
(Wood);
    (ix) Rules as effective in Ohio on March 27, 2006: OAC 3745-18-08 
(Allen), OAC 3745-18-15 (Butler), OAC 3745-18-24 (Cuyahoga), and OAC 
3745-18-54 (Lucas); and
    (x) Rule as effective in Ohio on December 8, 2007: OAC 3745-18-82 
(Stark).
    (5) Disapproval--USEPA disapproves the Ohio Rule 3745-18-03(A), 
Attainment Dates and also disapproves Ohio Rule 3745-18-03(C)(3) 
Compliance Time Schedules for all sources electing to comply with the 
regulations by utilizing complying fuels.
    (6) No Action--USEPA is neither approving nor disapproving the 
following Ohio Rule pending further review: 3745-18-04(D)(2), 3745-18-
04(D)(3), 3745-18-

[[Page 520]]

04(E)(2), 3745-18-04(E)(3) and, 3745-18-04(E)(4) Emission Measurement 
Methods.
    (7)-(8) [Reserved]
    (9) No Action--USEPA takes no action on the 30-day averaging 
provisions contained in the Toledo Edison Company's Bay Shore Station 
State Implementation Plan revision until a general review of 30-day 
averaging is complete.
    (10) Approval--USEPA approves Condition 3 of the permits 
for the Coulton Chemical Plant in Toledo and the E.I. duPont de Nemours 
and Company plant in Miami, Ohio. This condition requires the 
installation and operation of continuous emission monitors for sulfur 
dioxide.
    (11) Approval. USEPA approves Ohio's Good Engineering Stack Height 
Regulations as contained in Ohio Administrative Code Chapter 3745-16-01 
and 02. These rules were adopted by the State on February 12, 1986 and 
were effective on March 5, 1986.
    (12) In a letter dated June 25, 1992, Ohio submitted a maintenance 
plan for sulfur dioxide in Morgan and Washington Counties.
    (13) In a letter dated October 26, 1995, Ohio submitted a 
maintenance plan for sulfur dioxide in Lake and Jefferson Counties.
    (14) On March 20, 2000, the Ohio Environmental Protection Agency 
submitted maintenance plans for Coshocton, Gallia and Lorain Counties.
    (15) On September 27, 2003, Ohio submitted maintenance plans for 
sulfur dioxide in Cuyahoga County and Lucas County.
    (b) Regulations for the control of sulfur dioxide in the State of 
Ohio.
    (1) Definitions. All terms used in this paragraph but not 
specifically defined below shall have the meaning given them in the 
Clean Air Act or parts 51, 52, or 60 of this chapter.
    (i) By-product coke oven gas means the gas produced during the 
production of metallurgical coke in slot-type, by-product coke 
batteries.
    (ii) Flue gas desulfurization means any pollution control process 
which treats stationary source combustion flue gas to remove sulfur 
oxides.
    (iii) Fossil fuel means natural gas, refinery fuel gas, coke oven 
gas, petroleum, coal and any form of solid, liquid, or gaseous fuel 
derived from such materials.
    (iv) Fossil fuel-fired steam generating unit means a furnace or 
boiler used in the process of burning fossil fuel for the purpose of 
producing steam by heat transfer.
    (v) Heat input means the total gross calorific value (where gross 
calorific value is measured by ASTM Method D2015-66, D240-64, or D1826-
64) of all fossil and non-fossil fuels burned. Where two or more fossil 
fuel-fired steam generating units are vented to the same stack the heat 
input shall be the aggregate of all units vented to the stack.
    (vi) Owner or operator means any person who owns, leases, operates, 
controls, or supervises a facility, building, structure, or installation 
which directly or indirectly results or may result in emissions of any 
air pollutant for which a national standard is in effect.
    (vii) Primary zinc smelter means any installation engaged in the 
production, or any intermediate process in the production, of zinc or 
zinc oxide from the zinc sulfide ore concentrates through the use of 
pyrometallurgical techniques.
    (viii) Process means any source operation including any equipment, 
devices, or contrivances and all appurtenances thereto, for changing any 
material whatever or for storage or handling of any materials, the use 
of which may cause the discharge oons within a structure, building, or 
shop shall be considered as a single process for purposes of this 
regulation.
    (ix) Process weight means the total weight of all materials and 
solid fuels introduced into any specific process. Liquid and gaseous 
fuels and combustion air will not be considered as part of the process 
weight unless they become part of the product. For a cyclical or batch 
operation, the process weight per hour will be derived by dividing the 
total process weight by the number of hours from the beginning of any 
given process to the completion thereof, excluding any time during which 
the equipment is idle. For a continuous operation, the process weight 
per hour will be derived by dividing the process weight for the number 
of hours

[[Page 521]]

in a given period of time by the number of hours in that period. For 
fluid catalytic cracking units, process weight shall mean the total 
weight of material introduced as fresh feed to the cracking unit. For 
sulfuric acid production units, the nitrogen in the air feed shall not 
be included in the calculation of process weight.
    (x) Run means the net period of time during which an emission sample 
is collected. Unless otherwise specified, a run may be either 
intermittent or continuous within the limits of good engineering 
practice as determined by the Administrator.
    (xi) Source operation means the last operation preceding the 
emission of an air contaminant, which operation (a) results in the 
separation of the air contaminant from process materials or in the 
conversion of the process materials into air contaminants, as in the 
case of combustion of fuel; and (b) is not primarily an air pollution 
abatement operation.
    (xii) Stack means any chimney, flue, vent, roof monitor, conduit or 
duct arranged to vent emissions to the ambient air.
    (xiii) Sulfur recovery plant means any plant that recovers elemental 
sulfur from any gas stream.
    (xiv) Sulfuric acid production unit means any facility producing 
sulfuric acid by the contact process by burning elemental sulfur, 
alkylation acid, hydrogen sulfide, organic sulfides and mercaptans, or 
acid sludge.
    (xv) Total rated capacity means the sum of the rated capacities of 
all fuel-burning equipment connected to a common stack. The rated 
capacity shall be the maximum guaranteed by the equipment manufacturer 
or the maximum normally achieved during use as determined by the 
Administrator, whichever is greater.
    (2) Test methods and procedures. Unless specified below, the test 
methods and procedures used for determining compliance with the 
applicable paragraphs of Sec. 52.1881(b) shall be those prescribed in 
part 60 of this chapter. Compliance tests shall be conducted under such 
conditions as the Administrator shall specify based on representative 
performance of the affected facility. Notification and recordkeeping 
procedures shall be those prescribed in Sec. 60.7 of this chapter. The 
owner or operator shall make available to the Administrator such records 
as may be necessary to determine the conditions of the performance 
tests. A compliance test shall consist of at least three runs.
    (i) The test methods and procedures used for determining compliance 
for any sulfur recovery plant subject to applicable paragraph, of Sec. 
52.1881(b) shall be those prescribed in Sec. 60.46 of this chapter with 
the exception that the maximum amount of sulfur dioxide sampled by 
Method 6 shall not exceed 50 percent of the stoichiometric amount of 
hydrogen peroxide absorbent.
    (ii) The test methods and procedures used for determining compliance 
for any sulfuric acid production unit, or any primary zinc smelter 
subject to the applicable paragraphs of Sec. 52.1881(b) shall be those 
prescribed in Sec. 60.85 of this chapter.
    (iii) The test methods and procedure used to determine the 
compliance of any stack venting any fossil fuel-fired steam generating 
units subject to the applicable paragraphs of Sec. 52.1881(b) shall be 
those prescribed in Sec. 60.46 of this chapter.
    (3) Severability. If any provision of these regulations or the 
application thereof to any person or circumstances is held to be 
invalid, such invalidity shall not affect other provisions or 
application of any other part of these regulations which can be given 
effect without the invalid provisions or application, and to this end 
the provisions of these regulations and the various applications thereof 
are declared to be severable.
    (4) Submission of information. The submission of any information 
required under Sec. 52.1882 shall be made to the Director, Enforcement 
Division, U.S. Environmental Protection Agency, Region V, 230 South 
Dearborn, Chicago, Illinois, 60604, Attention Air Compliance Section.
    (5) For purposes of this regulation, stack and boiler identification 
numbers used in this paragraph were derived from correspondence 
submitted to the U.S. EPA by the affected owners or operators, and may 
be found in the record supporting this rulemaking.

[[Page 522]]

    (6) This paragraph contains no applicable provisions in the 
following counties of Ohio: Ashland, Brown, Carroll, Champaign, Clinton, 
Darke, Defiance, Fayette, Fulton, Geauga, Guernsey, Hardin, Harrison, 
Highland, Hocking, Holmes, Jackson, Knox, Logan, Madison, Monroe, 
Morrow, Noble, Perry, Portage, Preble, Putnam, Shelby, Union, Van Wert, 
Warren, Williams, and Wyandot, nor does it apply to facilities equal to 
or less than 10 million BTU per hour total aggregate rated capacity of 
all units at a facility.
    (7) In Franklin County, no owner or operator of the following types 
of facilities unless otherwise specified in this paragraph, shall cause 
or permit emission of sulfur dioxide from any stack in excess of the 
rates specified below:
    (i) For fossil fuel-fired steam generating unit between 10.0 and 
50.0 x 10 \6\ BTU per hour total rated capacity of heat input, the 
emission rate in pounds of sulfur dioxide per million BTU actual heat 
input shall be calculated by the following equation:

EL=8.088Qm-0.4307

where Qm is the total rated capacity of heat input in million 
BTU per hour and EL is the allowable emission rate in pounds of sulfur 
dioxide per million BTU actual heat input.

    (ii) For fossil fuel-fired steam generating unit(s) equal to or 
greater than 50.0x10 \6\ BTU per hour total rated capacity of heat 
input, the emission limitation shall be 1.50 pounds of sulfur dioxide 
per million BTU actual heat input.
    (iii) The present or any subsequent owner or operator of the 
Columbus State Institution in Franklin County, Ohio shall not cause or 
permit the emission of sulfur dioxide from any stack at this facility in 
excess of 3.80 pounds of sulfur dioxide per million BTU actual heat 
input.
    (iv) The present or any subsequent owner or operator of the Columbus 
State Hospital in Franklin County, Ohio shall not cause or permit the 
emission of sulfur dioxide from any stack at this facility in excess of 
4.10 pounds of sulfur dioxide per million BTU actual heat input.
    (v) The present or any subsequent owner or operator of Ross 
Laboratory in Franklin County, Ohio shall not cause or permit the 
emission of sulfur dioxide from any stack at this facility in excess of 
4.80 pounds of sulfur dioxide per million BTU actual heat input.
    (vi) The present or any subsequent owner or operator of the 
Rickenbacker Air Force Base in Franklin County, Ohio shall not cause or 
permit the emission of sulfur dioxide from any stack at this facility in 
excess of 2.20 pounds of sulfur dioxide per million BTU actual heat 
input.
    (vii) The present or any subsequent owner or operator of the Capital 
City Products facility in Franklin County, Ohio, shall not cause or 
permit the emission of sulfur dioxide from any stack at this facility in 
excess of 3.10 pounds of sulfur dioxide per million BTU actual heat 
input.
    (viii) The present or any subsequent owner or operator of the 
Westinghouse Electric facility in Franklin County, Ohio shall not cause 
or permit the emission of sulfur dioxide from any stack at this facility 
in excess of 2.20 pounds of sulfur dioxide per million BTU actual heat 
input.
    (ix) (A) The present or any subsequent owner or operator of the 
Naval Weapons Industrial Reserve Plant in Franklin County, Ohio shall 
not cause or permit the emission of sulfur dioxide from any stack at 
this facility in excess of 1.06 pounds of sulfur dioxide per million BTU 
actual heat input.
    (B) In lieu of meeting Sec. 52.1881(b)(27)(ix)(A), the present or 
any subsequent owner or operator of the Naval Weapons Industrial Reserve 
Plant may elect to comply with the alternate emission limitation and 
operating conditions specified below.
    (1) The present or any subsequent owner or operator of the Naval 
Weapons Industrial Reserve Plant shall not cause or permit the emission 
of sulfur dioxide from any stack in excess of 3.65 pounds of sulfur 
dioxide per million BTU actual heat input provided that such stacks be 
greater than or equal to 44.5 meters in height and that the combined 
maximum boiler design capacity be limited to 177 million BTU per hour by 
installation of a lock-out system on the boiler coal-feeders. The 
present or

[[Page 523]]

any subsequent owner or operator of the Naval Weapons Industrial Reserve 
Plant shall keep a permanent log on the lock-out system and record any 
problems with the system in the log. This log shall be available for 
inspection by the EPA. This log shall be in lieu of the reporting and 
monitoring requirements of Sec. 52.1882(g).
    (2) The present or any subsequent owner or operator of the Naval 
Weapons Industrial Reserve Plant shall be permitted to operate its five 
boilers (1, 2, 3, 5a or 5b) in only one of the following three 
configurations at any given time:
    (i) Any two of boilers 1, 2, or 3 on; the remaining three boilers 
off.
    (ii) Boilers 5a and 5b on; boilers 1, 2, and 3 off.
    (iii) Boiler 5b and any one of boilers 1, 2, or 3 on; the remaining 
three boilers off.
    (3) In the event that the Naval Weapons Industrial Reserve Plant 
elects to comply with the alternate emission limitation and operating 
configurations in Sec. 52.1881(b)(27)(ix)(B) (1) and (2) and vents its 
boilers through stacks great on the boiler coal-feeders such that the 
combined maximum boiler design capacity is limited to 177 MMBTU/hr, all 
such action shall be taken within 30 weeks of (the effective date of 
promulgation). The Administrator must be notified in writing that all 
such action was taken within five working days of its completion.
    (x) No owner or operator of any primary zinc smelter shall cause or 
permit the emission of sulfur dioxide from the plant in excess of the 
amount prescribed by the following equation:

Y=0.564X\0.85\

where X is the total sulfur feed expressed as elemental sulfur in the 
smelter input stream in lbs/hour and Y is the allowable sulfur dioxide 
emission rate in lbs/hour from all stacks combined.

    (xi) Except as provided in paragraph (b)(27)(x) of this section, no 
owner or operator of any process equipment shall cause or permit the 
emission from any stack into the atmosphere of any process gas stream 
containing sulfur dioxide in excess of 2.40 pounds of sulfur dioxide per 
ton of actual process weight input.
    (8) In Sandusky County: (i) The Martin Marietta Company or any 
subsequent owner or operator of the Martin Marietta facilities in 
Sandusky County, Ohio shall not cause or permit the emission of sulfur 
dioxide from any stack in excess of 15.42 pounds of sulfur dioxide per 
ton of actual process weight input.
    (ii) [Reserved]
    (9) In Stark County, no owner or operator of the following types of 
facilities, unless otherwise specified in this paragraph, shall cause or 
permit emission of sulfur dioxide from any stack in excess of the rates 
specified below:
    (i) For fossil fuel-fired steam generating units between 10.0 and 
60.0 million BTU per hour total rated capacity of heat input, the 
emission rate in pounds of sulfur dioxide per million BTU actual heat 
input shall be calculated by the following equation:

EL=18.48Qm-0 .4886

where Qm is the total rated capacity of heat input in million 
BTU per hour and EL is the allowable emission rate in pounds of sulfur 
dioxide per million BTU actual heat input.

    (ii) For fossil fuel-fired steam generating units equal to or 
greater than 60 million BTU per hour total rated capacity of heat input: 
2.50 pounds of sulfur dioxide per million BTU actual heat input.
    (iii) Republic Steel Corporation or any subsequent owner or operator 
of the Massillon facilities in Stark County, Ohio shall not cause or 
permit the emission of sulfur dioxide from any fossil fuel-fired steam 
generating unit stack at the Massillon facility in excess of 4.40 pounds 
of sulfur dioxide per million BTU actual heat input.
    (iv) The present or any subsequent owner or operator of the 
Massillon State Hospital facilities in Stark County, Ohio shall not 
cause or permit the emission of sulfur dioxide from any stack at this 
facility in excess of 5.20 pounds of sulfur dioxide per million BTU 
actual heat input.
    (v) The present or any subsequent owner or operator of the Grief 
Board Company facilities in Stark County, Ohio shall not cause or permit 
the emission of sulfur dioxide from any stack at this facility in excess 
of 0.50

[[Page 524]]

pound of sulfur dioxide per million BTU actual heat input.
    (vi) The present or subsequent owner or operator of the Timken 
Company facilities in Stark County, Ohio shall not cause or permit the 
emission of sulfur dioxide from any fossil fuel-fired steam-generating 
unit(s) stack at this facility in excess of the rates specified below:
    (A) 3.08 pounds of sulfur dioxide per million BTU actual heat input 
for the stack common to the fossil fuel-fired steam-generating units 
B001 and B002 at the Canton plant.
    (B) 0.93 pounds of sulfur dioxide per million BTU actual heat input 
for the fossil fuel-fired steam-generating unit B003 at the Canton 
plant.
    (C) 0.0 pounds of sulfur dioxide per million BTU actual heat input 
for the fossil fuel-fired steam-generating units B003 and B004 at the 
Gambrinus Plant.
    (D) 0.67 pounds of sulfur dioxide per million BTU actual heat input 
for fossil fuel-fired steam-generating units at the Gambrinus Plant 
unless otherwise specified in this paragraph.
    (vii) No owner or operator of any by-product coke oven operating in 
Stark County, Ohio shall cause or permit the combustion of by-product 
coke oven gas containing a total sulfur content expressed as hydrogen 
sulfide in excess of 350 grains of hydrogen sulfide per 100 dry standard 
cubic feet of coke oven gas or the emission of sulfur dioxide from any 
stack in excess of 1.70 pounds of sulfur dioxide per million BTU actual 
heat input.
    (viii) No owner or operator of any process equipment in Stark 
County, Ohio shall cause or permit the emission of sulfur dioxide from 
any stack in excess of 80.0 pounds of sulfur dioxide per ton of actual 
process weight input.
    (ix) The Ashland Oil Company, or any subsequent owner or operator of 
the Ashland Oil Company facilities in Stark County, Ohio shall not cause 
or permit sulfur dioxide emissions from any stack at this facility in 
excess of the emission limitations listed below:
    (A) 0.025 pounds of sulfur dioxide per million BTU actual heat input 
for units 4-0-B-3, 4-2-B-1, 4-2-B-2, and 4-27-B-1.
    (B) 1.00 pounds of sulfur dioxide per million BTU actual heat input 
for all process heaters and fossil fuel-fired steam-generating units 
unless otherwise specified in this paragraph.
    (C) 0.62 pounds of sulfur dioxide per 1,000 pounds of charging stack 
for catalytic cracking units.
    (D) 2.00 pounds of sulfur dioxide per 100 pounds of sulfur processed 
for sulfur recovery plants.
    (E) Only two of the following three units may be operated 
simultaneously: 4-16-B-1, 4-16-B-2, and 4-16-B-12.
    (x) The present or any subsequent owner or operator of the Hoover 
Co. in Stark County, Ohio shall not cause or permit the emission of 
sulfur dioxide in excess of 8.0 pounds of sulfur dioxide per million BTU 
actual heat input for the coal-fired boiler and 0.4 pounds of sulfur 
dioxide per million BTU actual heat input for the gas-fired boiler.
    (10) In Summit County, no owner or operator of the following types 
of facilities, unless otherwise specified in this subparagraph, shall 
cause or permit emissions of sulfur dioxide from any stack in excess of 
the rates specified below:
    (i) For fossil fuel-fired steam generating units between 10.0 and 
300 million BTU per hour total rated capacity of heat input, the 
emission rate in pounds of sulfur dioxide per million BTU actual heat 
input shall be calculated by the following equation:

EL=17.55 Qm-0 .3933

where Qm is the total rated capacity of heat input in million 
BTU per hour and EL is the allowable emission rate in pounds of sulfur 
dioxide per million BTU actual heat input.

    (ii) For fossil fuel-fired steam generating unit(s) equal to or 
greater than 300 million BTU per hour total rated capacity of heat 
input, 1.80 pounds of sulfur dioxide per million BTU actual heat input.
    (iii) The present or any subsequent owner or operator of the Diamond 
Crystal facility in Summit County, Ohio, shall not cause or permit the 
emission of sulfur dioxide from coal-fired boilers at this facility in 
exess of 4.72 pounds of sulfur dioxide per million BTU of actual heat 
input or the emission of sulfur dioxide from oil-fired boilers at this 
facility in excess of 0.30

[[Page 525]]

pound of sulfur dioxide per million BTU of actual heat input.
    (iv) The present or any subsequent owner or operator of the 
Kittinger Supply Co. (formerly known as Akwell Industries) facility in 
Summit County, Ohio, shall not cause or permit the emission of sulfur 
dioxide from oil-fired--oilers at this facility in excess of 0.80 pound 
of sulfur dioxide per million BTU of actual heat input or the emission 
of sulfur dioxide from coal-fired boilers at this facility in excess of 
2.38 pounds of sulfur dioxide per million BTU of actual heat input.
    (v) The present or subsequent owner or operator of the Ohio Brass 
Company facilities in Summit County, Ohio shall not cause or permit the 
emission of sulfur dioxide from any stack at this facility in excess of 
4.20 pounds of sulfur dioxide per million BTU actual heat input.
    (vi) The present or subsequent owner or operator of the Seiberling 
Rubber Co. facilities in Summit County, Ohio, shall not cause or permit 
the emission of sulfur dioxide from any stack at this facility in excess 
of 1.46 pounds of sulfur dioxide per million BTU actual heat input.
    (vii) The present or subsequent owner or operator of the Firestone 
Tire & Rubber Co. facilities in Summit County, Ohio, shall not cause or 
permit the emission of sulfur dioxide from any stack at this facility in 
excess of the rates specified below:
    (A) 1.76 pounds of sulfur dioxide per million BTU of actual heat 
input from boiler 21 when oil fired and 2.87 pounds of sulfur dioxide 
per million BTU of actual heat input from boilers 22 and 23 when coal 
fired.
    (B) In lieu of meeting paragraph (59)(vii)(A) of this paragraph (b), 
the Firestone Tire and Rubber Co. may elect to comply with the alternate 
emission limitation of 2.20 pounds of sulfur dioxide per million BTU of 
actual heat input from boilers 21, 22, and 23 when all are oil fired.
    (C) Firestone Tire & Rubber Co. or any subsequent owner or operator 
of the Firestone Tire & Rubber facilities located in Summit County, 
Ohio, shall operate no more than two of the boilers, 21, 22, or 23 
simultaneously whether complying with either Sec. 52.1881 (b) (59) 
(vii) (A) or Sec. 52.1881 (b) (59) (vii) (B).
    (viii) The present or subsequent owner or operator of the B. F. 
Goodrich Co. facilities in Summit County, Ohio, shall not cause or 
permit the emission of sulfur dioxide from any stack at this facility in 
excess of the rates specified below:
    (A) 0.51 pound of sulfur dioxide per million BTU actual heat input 
for oil-fired boiler 31.
    (B) 7.0 pounds of sulfur dioxide per million BTU actual heat input 
for coalfired Boilers 27 and 32.
    (C) The B. F. Goodrich Co. or any subsequent owner or operator of 
the B. F. Goodrich facilities in Summit County, Ohio, shall not operate 
boiler 27 simultaneously with boiler 32.
    (ix) The Goodyear Tire & Rubber Co. or any subsequent owner or 
operator of the Goodyear facilities in Summit County, Ohio, shall not 
cause or permit the emission of sulfur dioxide from any stack in excess 
of the rates specified below:
    (A) 4.47 pounds of sulfur dioxide per million BTU actual heat input 
for fossil fuel-fired steam-generating unit B001 located at plant I.
    (B) 0.50 pound of sulfur dioxide per million BTU actual heat input 
for fossil fuel-fired steam-generating units B002 and B003 located at 
plant I.
    (C) 160 pounds of sulfur dioxide per 1,000 pounds of sulfur 
processed, for the sulfur recovery unit(s).
    (D) for Plant II boilers:
    (1) 2.24 pounds of sulfur dioxide per million BTU actual heat input 
for coal-fired boilers A and B exiting through stack 4.
    (2) 2.24 pounds of sulfur dioxide per million BTU actual heat input 
for coal-fired boiler C exiting through stack 5.
    (3) 2.24 pounds of sulfur dioxide per million BTU acutal heat input 
for coal-fired boiler D exiting through stack 6.
    (E) In lieu of meeting paragraph (59)(ix)(D) of this paragraph (b), 
The Goodyear Tire and Rubber Company may elect to comply with the 
alternate emission limitations and operating conditions specified below 
for Plant II boilers, provided the General Tire and Rubber Company or 
any subsequent owner or operator of the General Tire

[[Page 526]]

facilities in Summit County, Ohio complies with Sec. 
52.1881(b)(xviii)(D):
    (1) The Goodyear Tire and Rubber Company shall not cause or permit 
the emission of sulfur dioxide from any stack in excess of the rates 
specified below:
    (i) 4.64 pounds of sulfur dioxide per million BTU actual heat input 
for coal-fired boilers A, B, and C exiting through stack 4.
    (ii) 4.64 pounds of sulfur dioxide per million BTU actual heat input 
for coal-fired boiler D exiting through stack 6.
    (2) The Goodyear Tire and Rubber Company shall operate no more than 
three of the boilers A, B, C, or D simultaneously.
    (3) The Goodyear Tire and Rubber Company shall not operate boiler D 
simultaneously with boilers A and B.
    (x) The present or any subsequent owner or operator of the Tecumseh 
Company facilities in Summit County, Ohio shall not cause or permit 
sulfur dioxide emissions from fossil fuel-fired steam generating unit(s) 
in excess of the rates specified below:
    (A) 1.70 pounds sulfur dioxide per million BTU actual heat input for 
coal-fired units, and
    (B) 0.70 pound sulfur dioxide per million BTU actual heat input for 
oil-fired unit(s).
    (xi) The Ohio Edison or any subsequent owner or operator of the Ohio 
Edison Company's Beech Street power station in Summit County, Ohio, 
shall not cause or permit the emission of sulfur dioxide from any stack 
at the Beech Street plant in excess of 0.00 pounds of sulfur dioxide per 
million BTU actual heat input.
    (xii) The Ohio Edison Co. or any subsequent owner or operator of the 
Ohio Edison Co.'s Gorge plant in Summit County, Ohio, shall not cause or 
permit the emission of sulfur dioxide from any stack at the Gorge plant 
in excess of 4.07 pounds of sulfur dioxide per million BTU actual heat 
input.
    (xiii) No owner or operator of any process equipment, unless 
otherwise specified in this paragraph, shall cause or permit the 
emission of sulfur dioxide from any stack containing sulfur dioxide in 
excess of 17.0 pounds of sulfur dioxide per ton of actual process weight 
input.
    (xiv) PPG Industries or any subsequent owner or operator of the PPG 
Industries facilities in Summit County, Ohio, shall not cause or permit 
the emission of sulfur dioxide from any stack at this facility in excess 
of 0.00 pounds of sulfur dioxide per million BTU actual heat input for 
each coal-fired unit.
    (xv) PPG Industries, or any subsequent owner or operator of the PPG 
Industries, Inc., Columbia Cement Plant, located in Summit County, Ohio, 
shall not cause or permit the emission of sulfur dioxide from any stack 
in excess of 0.0 pounds of sulfur dioxide per ton actual process weight 
input for the kilns.
    (xvi) The present or any subsequent owner or operator of the Midwest 
Rubber Co. in Summit County, Ohio, shall not cause or permit the 
emission of sulfur dioxide from any stack at this facility in excess 
1.80 pounds of sulfur dioxide per million BTU actual heat input.
    (xvii) The present or any subsequent owner or operator of the Terex 
Division of General Motors Corp. in Summit County, Ohio, shall not cause 
or permit the emission of sulfur dioxide from any stack at this facility 
in excess of 0.85 pounds of sulfur dioxide per million BTU actual heat 
input.
    (xviii) The present or any subsequent owner or operator of the 
General Tire & Rubber Co. in Summit County, Ohio, shall not cause or 
permit the emission of sulfur dioxide from any stack at this facility in 
excess of the rates specified below:
    (A) 0.46 pound of sulfur dioxide per million BTU actual heat input 
for oil-fired boiler 1 when exiting through stack S-35.
    (B) 0.46 pound of sulfur dioxide per million BTU actual heat input 
for oil-fired boiler 2 when exiting through stack S-36.
    (C) 0.46 pound of sulfur dioxide per million BTU actual heat input 
for oil-fired boiler 3 when exiting through stack S-37.
    (D) In lieu of meeting paragraph (59)(xviii) (A), (B), and (C) of 
this paragraph (b), The General Tire and Rubber Company may elect to 
comply with the

[[Page 527]]

alternate emission limitations and operating conditions specified below, 
provided the Goodyear Tire and Rubber Company or any owner of operator 
of the Goodyear Tire and Rubber Plant II facilities in Summit County, 
Ohio, complies with Sec. 52.1881(b)(ix)(E):
    (1) The General Tire and Rubber Company shall not cause or permit 
the emission of sulfur dioxide from any stack in excess 2.47 pounds of 
sulfur dioxide per million BTU actual heat input for oil-fired boilers 
1, 2, and 3 when exiting through one-175 foot stack consistent with 
section 123 of the Clean Air Act, as amended.
    (xix) The present or any subsequent owner or operator of the 
Goodyear Aerospace Co. in Summit County, Ohio, shall not cause or permit 
the emission of sulfur dioxide from any stack at AB boilerhouse of this 
facility in excess of 1.10 pounds of sulfur dioxide per million BTU of 
actual heat input or the emission of sulfur dioxide from any stack at D 
boilerhouse of the facility in excess of 1.83 pounds of sulfur dioxide 
per million BTU of actual heat input.
    (xx) The present or any subsequent owner or operator of the B. F. 
Goodrich Chemical Co. in Summit County, Ohio, shall not cause the 
emission of sulfur dioxide from any stack at this facility in excess of 
5.22 pounds of sulfur dioxide per million BTU actual heat input.
    (xxi) The present or any subsequent owner or operator of the 
Chrysler Corp. in Summit County, Ohio, shall not cause or permit the 
emission of sulfur dioxide from any stack at this facility in excess of 
the rates specified below:
    (A) 0.86 pound of sulfur dioxide per million BTU actual heat input 
for boiler No. B001.
    (B) 1.19 pounds of sulfur dioxide per million BTU actual heat input 
for boilers Nos. B002 and B003.

[39 FR 13542, Apr. 15, 1974]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1881, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. Sec. 52.1882-52.1883  [Reserved]



Sec. 52.1884  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable procedures 
for preventing the significant deterioration of air quality.
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 (b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the State 
of Ohio.
    (c) All applications and other information required pursuant to 
Sec. 52.21 from sources in the State of Ohio shall be submitted to the 
Director of the Ohio Environmental Protection Agency, P.O. Box 1049, 
Columbus, Ohio 43216 instead of the EPA Region V office.

[45 FR 52741, Aug. 7, 1980, and 46 FR 9584, Jan. 29, 1981]



Sec. 52.1885  Control strategy: Ozone.

    (a) Part D--Approval. The following portions of the Ohio plan are 
approved:
    (1) The ozone portions of rules 01, 02, 03, 04 (except the portion 
disapproved below), 05, 06, 07, 08, 09 (except the portions 
conditionally approved below) and 10 of Chapter 3745-21 of the Ohio 
Administrative Code.
    (2) The Attainment Demonstrations for the following urban areas: 
Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Toledo and 
Youngstown.
    (3) The Reasonable Further Progress Demonstration for the following 
areas: Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Toledo 
and Youngstown.
    (4) The ozone nonattainment area plan for the rural nonattainment 
areas.
    (5) [Reserved]
    (6) Approval--On June 10, 1997, Ohio submitted revisions to the 
maintenance plans for the Toledo area (including Lucas and Wood 
counties), the Cleveland/Akron/Lorain area (including Lorain, Cuyahoga, 
Lake, Ashtabula, Geauga, Medina, Summit and Portage counties), and the 
Dayton-Springfield area (including Montgomery, Clark, Greene, and Miami 
counties). The revisions consist of an allocation of a portion of the 
safety margin in each area

[[Page 528]]

to the transportation conformity mobile source budget for that area. The 
mobile source budgets for transportation conformity purposes for Toledo 
are now: 35.85 tons per day of volatile organic compound emissions for 
the year 2005 and 35.19 tons per day of oxides of nitrogen emissions for 
the year 2005. The mobile source budgets for transportation conformity 
purposes for Cleveland-Akron-Lorain are now: 82.7 tons per day of 
volatile organic compound emissions for the year 2006 and 104.4 tons per 
day of oxides of nitrogen emissions for the year 2006. For the Dayton-
Springfield area, the oxides of nitrogen mobile source budget remains 
the same and the mobile source budget for volatile organic compounds is 
now 34.1 tons per day.
    (7) Approval--On October 20, 1997, Ohio submitted a revision to the 
maintenance plan for the Jefferson County area. The revision consists of 
an allocation of a portion of the safety margin in the area to the 
transportation conformity mobile source budget for that area. The mobile 
source budget for transportation conformity purposes for Jefferson 
County are now: 5.1 tons per day of volatile organic compound emissions 
for the year 2005 and 4.4 tons per day of oxides of nitrogen emissions 
for the year 2005.
    (8) Approval--On April 27, 1998, Ohio submitted a revision to remove 
the air quality triggers from the ozone maintenance plans for the 
following areas in Ohio: Canton (Stark County), Cleveland (Lorain, 
Cuyahoga, Lake, Ashtabula, Geauga, Medina, Summit and Portage Counties), 
Columbus (Franklin, Delaware and Licking Counties), Steubenville 
(Jefferson County), Toledo (Lucas and Wood Counties), Youngstown 
(Mahoning and Trumbull Counties) as well as Clinton County, Columbiana 
County, and Preble County.
    (9) Approval--On March 13, 1998, Ohio submitted a revision to the 
maintenance plan for the Columbus area. The revision consists of 
establishing a new out year for the area's emissions budget. The new out 
year emissions projections include reductions from point and area 
sources; the revision also defines new safety margins according to the 
difference between the areas 1990 baseline inventory and the out year 
projection. Additionally, the revision consists of allocating a portion 
of the Columbus area's safety margins to the transportation conformity 
mobile source emissions budget. The mobile source budgets for 
transportation conformity purposes for the Columbus area are now: 67.99 
tons per day of volatile organic compound emissions for the year 2010 
and 70.99 tons per day of oxides of nitrogen emissions for the year 
2010.
    (10) Approval--On April 27, 1998, Ohio submitted a revision to 
remove the air quality triggers from the ozone maintenance plan for the 
Dayton-Springfield, Ohio Area (Miami, Montgomery, Clark, and Greene 
Counties).
    (11) Approval--On March 18, 1999, Ohio submitted a revision to the 
maintenance plan for the Stark County (Canton) area. The revision 
consists of allocating a portion of the Stark County area's safety 
margins to the transportation conformity mobile source emissions 
budgets. The mobile source budgets for transportation conformity 
purposes for the Stark County area are now: 17.34 tons per day of 
volatile organic compound emissions for the year 2005 and 13.00 tons per 
day of oxides of nitrogen emissions for the year 2005.
    (12) Approval--On June 1, 1999, Ohio submitted a revision to the 
ozone maintenance plan for the Dayton/Springfield area. The revision 
consists of revising the point source growth estimates and allocating 
5.5 tons per day of VOCs to the transportation conformity mobile source 
emissions budget. The mobile source VOC budget for transportation 
conformity purposes for the Dayton/Springfield area is now: 39.6 tons 
per day of volatile organic compound emissions for the year 2005. The 
approval also corrects a typographical error in the maintenance plan 
point and area source numbers for 2005.
    (13) Approval--On August 19, 1999, Ohio submitted a revision to the 
ozone maintenance plan for the Columbiana County area. The revision 
consists of allocating a portion of the Columbiana County area's 
NOX safety margin to the transportation conformity mobile 
source emissions budget. The mobile source emissions budgets for 
transportation conformity purposes for the

[[Page 529]]

Columbiana County area are now: 5.65 tons per day of volatile organic 
compound emissions for the year 2005 and 5.55 tons per day of oxides of 
nitrogen emissions for the year 2005. This approval only changes the 
NOX transportation conformity emission budget for Columbiana 
County.
    (14) Approval-EPA is approving the 1-hour ozone maintenance plan for 
the Ohio portion of the Cincinnati-Hamilton area submitted by Ohio on 
May 20, 2005. The approved maintenance plan establishes 2015 mobile 
source budgets for the Ohio portion of the area (Butler, Clermont, 
Hamilton, and Warren Counties) for the purposes of transportation 
conformity. These budgets are 26.2 tons per day for volatile organic 
compounds and 39.5 tons per day for nitrogen oxides for the year 2015.
    (15) Approval--On May 31, 2001, Ohio submitted a revision to the 
ozone maintenance plan for the Cleveland/Akron/Lorain area. The revision 
consists of allocating a portion of the Cleveland/Akron/Lorain area's 
NOX safety margin to the transportation conformity mobile 
source emissions budget. The mobile source emissions budgets for 
transportation conformity purposes for the Cleveland/Akron/Lorain area 
are now: 92.7 tons per day of volatile organic compound emissions for 
the year 2006 and 104.4 tons per day of oxides of nitrogen emissions for 
the year 2006. This approval only changes the VOC transportation 
conformity emission budget for Cleveland/Akron/Lorain.
    (16) Approval--On April 19, 2004, Ohio submitted a revision to the 
ozone maintenance plan for the Cincinnati, Ohio area. The revision 
consists of allocating a portion of the area's NOX safety 
margin to the transportation conformity motor vehicle emissions budget. 
The motor vehicle emissions budget for NOX for the 
Cincinnati, Ohio area is now 62.3 tons per day for the year 2010. This 
approval only changes the NOX transportation conformity 
emission budget for Cincinnati, Ohio.
    (17) Approval--On March 1, 2005, Ohio submitted a revision to the 1-
hour ozone maintenance plan for Clinton County, Ohio. The revision 
consists of allocating a portion of the area's oxides of nitrogen 
(NOX) safety margin to the transportation conformity motor 
vehicle emissions budget. The motor vehicle emissions budget for 
NOX for the Clinton County, Ohio area is now 3.45 tons per 
day for the year 2006. This approval only changes the NOX 
transportation conformity emission budget for Clinton County, Ohio.
    (b) The maintenance plans for the following counties are approved:
    (1) Preble County.
    (2) Columbiana County.
    (3) Jefferson County.
    (4) Montgomery, Greene, Miami, and Clark Counties. This plan 
includes implementation of Stage II vapor recovery and an enhanced 
vehicle inspection and maintenance program.
    (5) Lucas and Wood Counties.
    (6) Franklin, Delaware, and Licking Counties.
    (7) Stark County.
    (8) Mahoning and Trumbull Counties.
    (9) Clinton County
    (10) Lorain, Cuyahoga, Lake, Ashtabula, Geauga, Medina, Summit, and 
Portage Counties.
    (11) Butler, Clermont, Hamilton, and Warren Counties.
    (c) Disapproval. USEPA disapproves the compliance schedule in 
revised rule 04(c)(18) of Chapter 3745-21 of the Ohio Administrative 
Code as it applies to facilities formerly covered by the compliance 
schedule in old rule 04(c)(1) of Chapter 3745-21. This disapproval in 
and of itself does not result in the growth restrictions of section 
110(a)(2)(I).
    (d) Part D--No Action. USEPA at this time takes no action on the 
vehicle inspection and maintenance (I/M) program required for those non-
attainment areas which have requested an extension to demonstrate ozone 
attainment.
    (e)-(q) [Reserved]
    (r) Approval--USEPA is approving two exemption requests submitted by 
the Ohio Environmental Protection Agency on September 20, 1993, and 
November 8, 1993, for the Toledo and Dayton ozone nonattainment areas, 
respectively, from the requirements contained in Section 182(f) of the 
Clean Air Act. This approval exempts the Lucas,

[[Page 530]]

Wood, Clark, Greene, Miami, and Montgomery Counties from the 
requirements to implement reasonably available control technology (RACT) 
for major sources of nitrogen oxides (NOX), nonattainment 
area new source review (NSR) for new sources and modifications that are 
major for NOX, and the NOX-related requirements of 
the general and transportation conformity provisions. For the Dayton 
ozone nonattainment area, the Dayton local area has opted for an 
enhanced inspection and maintenance (I/M) program. Upon final approval 
of this exemption, the Clark, Greene, Miami, and Montgomery Counties 
shall not be required to demonstrate compliance with the enhanced I/M 
performance standard for NOX. If a violation of the ozone 
NAAQS is monitored in the Toledo or Dayton area(s), the exemptions from 
the requirements of Section 182(f) of the Act in the applicable area(s) 
shall no longer apply.
    (s) Approval--The 1990 base-year ozone emissions inventory 
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied 
for the following ozone nonattainment areas: Toledo (Lucas and Wood 
Counties) and Dayton (Clark, Greene, Miami, and Montgomery Counties).
    (t) [Reserved]
    (u) Approval--The 1990 base-year ozone emissions inventory 
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied 
for the Columbus ozone nonattainment area (which includes the Counties 
of Delaware, Franklin, and Licking).
    (v) Approval--The 1990 base-year ozone emissions inventory 
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied 
for the Canton (Stark County); Cincinnati-Hamilton (Butler, Clermont, 
Hamilton and Warren Counties); Cleveland-Akron-Lorain (Ashtabula, 
Cuyahoga, Geauga, Lake, Lorain, Medina, Portage and Summit Counties); 
and Youngstown-Warren-Sharon (Mahoning and Trumbull Counties) areas.
    (w) Determination--USEPA is determining that, as of May 7, 1996, the 
Cleveland-Akron-Lorain ozone nonattainment area (which includes the 
Counties of Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage 
and Summit) have attained the ozone standard and that the reasonable 
further progress and attainment demonstration requirements of section 
182(b)(1) and related requirements of section 172(c)(9) of the Clean Air 
Act do not apply to the area.
    (x) Approval--EPA is approving requests submitted by the State of 
Ohio on March 18, November 1, and November 15, 1994, for exemption from 
the requirements contained in section 182(f) of the Clean Air Act. This 
approval exempts the following counties in Ohio from the NOX 
related general and transportation conformity provisions; nonattainment 
area NSR for new sources and modifications that are major for 
NOX: Clinton, Columbiana, Delaware, Franklin, Jefferson, 
Licking, Mahoning, Preble, Stark, and Trumbull. This approval also 
exempts the following counties in Ohio from the NOX related 
general and transportation conformity provisions; nonattainment area NSR 
for new sources and modifications that are major for NOX; 
NOX RACT; and a demonstration of compliance with the enhanced 
I/M performance standard for NOX: Ashtabula, Cuyahoga, 
Geauga, Lake, Lorain, Medina, Portage, and Summit.
    (y) Approval--The 1990 base-year ozone emissions inventory 
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied 
for Clinton County.
    (z) The 15 percent rate-of-progress requirement of section 182(b) of 
the Clean Air Act, as amended in 1990, is satisfied for the Ohio portion 
of the Cincinnati-Hamilton ozone nonattainment area.
    (aa) [Reserved]
    (bb) Ohio's November 7, 1996, request for a one-year attainment date 
extension for the Ohio portion of the Cincinnati-Hamilton metropolitan 
moderate ozone nonattainment area which consists of Hamilton, Butler, 
Clermont and Warren Counties is approved. The date for attaining the 
ozone standard in these counties is November 15, 1997.
    (cc) Ohio's November 14, 1997, request for a one-year attainment 
date extension for the Ohio portion of the Cincinnati-Hamilton 
metropolitan moderate ozone nonattainment area which consists of 
Hamilton, Butler, Clermont and Warren Counties is approved. The

[[Page 531]]

date for attaining the ozone standard in these counties is November 15, 
1998.
    (dd) Determination--EPA is determining that, as of July 5, 2000, the 
Ohio portion of Cincinnati-Hamilton ozone nonattainment area (which 
includes the Counties of Butler, Clermont, Hamilton and Warren) has 
attained the 1-hour ozone standard and that the attainment demonstration 
requirements of section 182(b)(1), 182(j), and 172(c)(1), along with the 
section 172(c)(9) contingency measure requirements, do not apply to the 
area.
    (ee) Approval--EPA is approving an exemption from the requirements 
contained in section 182(f) of the Clean Air Act. This approval exempts 
Butler, Clermont, Hamilton, and Warren counties in Ohio from the 
NOX related general conformity provisions; the nitrogen 
oxides nonattainment NSR for new sources and modifications that are 
major for NOX; NOX RACT; and a demonstration of 
compliance with the enhanced automobile inspection and maintenance 
performance standard for NOX.
    (ff) Approval--The 8-hour ozone maintenance plans for the following 
areas have been approved:
    (1) Jefferson County, as submitted on July 31, 2006 and supplemented 
on October 3, 2006. The maintenance plan establishes 2009 motor vehicle 
emissions budgets (MVEBs) for Jefferson County of 2.63 tons per day 
(tpd) of volatile organic compounds (VOCs) and 4.10 tpd of oxides of 
nitrogen (NOX), and 2018 motor vehicle emission budgets of 
1.37 tpd of VOCs and 1.67 tpd of NOX.
    (2) Belmont County, as submitted on June 20, 2006, and supplemented 
on August 24, 2006, and December 4, 2006. The maintenance plan 
establishes 2009 MVEBs for Belmont County of 2.60 tpd of VOC and 4.69 
tpd of NOX, and 2018 MVEBs of 1.52 tpd of VOCs and 1.91 tpd 
of NOX.
    (3) Allen County and Stark County, as submitted on June 20, 2006, 
and supplemented on August 24, 2006, and December 4, 2006. The 
maintenance plan establishes 2009 MVEBs for Allen County of 5.08 tpd of 
VOCs and 8.28 tpd of NOX, and 2018 MVEBs for Allen County of 
2.89 tpd of VOCs and 3.47 tpd of NOX. For Stark County the 
2009 MVEBs are 10.02 tpd of VOCs and 18.03 tpd of NOX, and 
the 2018 budgets are 5.37 tpd of VOC and 7.08 tpd of NOX.
    (4) Washington County, as submitted on September 22, 2006, and 
supplemented on November 17, 2006. The maintenance plan establishes 2009 
MVEBs for Washington County of 2.59 tpd of VOCs and 3.58 tpd of 
NOX, and 2018 MVEBs for Washington county of 1.67 tpd of VOCs 
and 1.76 tpd of NOX.
    (5) Mahoning, Trumbull and Columbiana Counties, as submitted on 
February 15, 2007. The maintenance plan establishes 2009 and 2018 motor 
vehicle emission budgets for Mahoning, Trumbull and Columbiana Counties. 
The 2009 motor vehicle emission budgets are 19.58 tons per day for 
volatile organic compounds (VOC) and 33.71 tons per day for oxides of 
nitrogen (NOX). For 2018 the budgets are 10.36 tons per day 
for VOC and 13.29 tons per day for NOX.
    (6) On December 22, 2006, and supplemented on March 9, 2007, the 
State of Ohio submitted a redesignation request and maintenance plan for 
the Toledo area, including Lucas and Wood Counties. The maintenance plan 
for this area establishes motor vehicle emission budgets (MVEB) for 2009 
and 2018. The 2009 MVEBs are 18.99 tons/day of Volatile Organic 
Compounds (VOC) and 33.75 tons/day for Oxides of Nitrogen 
(NOX). The 2018 MVEBs are 11.20 tons/day of VOCs and 14.11 
tons/day for NOX.
    (7) The Dayton-Springfield area which includes Clark, Greene, Miami, 
and Montgomery Counties, as submitted on November 6, 2006, and 
supplemented on November 29, 2006, December 4, 2006, December 13, 2006, 
January 11, 2007, March 9, 2007, March 27, 2007, and May 31, 2007. The 
maintenance plan for this area establishes Motor Vehicle Emissions 
Budgets (MVEB) for 2005 and 2018. The 2005 MVEBs are 29.19 tpd of VOC 
and 63.88 tpd of NOX. The 2018 MVEBs are 14.73 tpd of VOCs 
and 21.42 tpd of NOX.
    (gg) Approval--EPA is approving requests submitted by the State of 
Ohio on April 4, 2005, and supplemented on May 20, 2005, February 14, 
2006, May 9, 2006, October 6, 2006, and February 19, 2008, to 
discontinue the vehicle inspection and maintenance (I/M) program in the 
Cincinnati-Hamilton and Dayton-Springfield areas. The submittal also

[[Page 532]]

includes Ohio's demonstration that eliminating the I/M programs in the 
Cincinnati-Hamilton and Dayton-Springfield areas will not interfere with 
the attainment and maintenance of the ozone NAAQS and the fine 
particulate NAAQS and with the attainment and maintenance of other air 
quality standards and requirements of the CAA. We are further approving 
Ohio's request to modify the SIP such that I/M is no longer an active 
program in these areas and is instead a contingency measure in these 
areas' maintenance plans.

[45 FR 72142, Oct. 31, 1980]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1885, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1886  [Reserved]



Sec. 52.1887  Control strategy: Carbon monoxide.

    (a) Part D--Approval--The following portions of the Ohio plan are 
approved:
    (1) The carbon monoxide portions of rules 01, 02, 03, 04 (except the 
portion disapproved in Sec. 52.1877(c)), 05, 06, 07, 08, 09 (except the 
portions conditionally approved in Sec. 52.1877(b)) and 10 of Chapter 
3745-21 of the Ohio Administrative Code.
    (2) The transportation control plans for the following urban areas: 
Akron (ozone component only), Canton, Cincinnati, Columbus, Dayton, 
Steubenville, Toledo (ozone component only), Cleveland.
    (3) The carbon monoxide attainment and reasonable further progress 
demonstrations for the following urban areas: Cincinnati, Cleveland, 
Columbus and Youngstown.
    (b) [Reserved]
    (c) Part D--No Action--USEPA at this time takes no action on the 
carbon monoxide portions of the plan submitted for the urban areas of 
Akron and Toledo nor on the vehicle inspection and maintenance (I/M) 
program required for those nonattainment areas which have requested an 
extension to demonstrate carbon monoxide attainment.
    (d) Disapproval--On June 9, 1982 (draft), and November 9, 1982 
(final), the State of Ohio submitted a revised demonstration that 
attempts to show attainment by December 31, 1982, of the carbon monoxide 
(CO) National Ambient Air Quality Standards (NAAQS) for the Cleveland 
urban area. Supplemental information was submitted on March 8, 1983, 
March 16, 1983, December 5, 1983, and May 9, 1985. The June 9, 1982, and 
March 8, 1983, submittals also requested that the 5-year extension for 
meeting the NAAQS requested on July 29, 1979, and granted by USEPA on 
October 31, 1980, and June 18, 1981, be rescinded for this area. The 
attainment demonstration and rescission request are disapproved by USEPA 
because they do not meet the requirements of Sec. 51.10(b).
    (e) Approval--On October 20, 2005, Ohio submitted a State 
Implementation Plan (SIP) revision of the Cuyahoga County carbon 
monoxide (CO) maintenance plan. The CO maintenance plan revision is an 
update to the current approved maintenance plan and continues to 
demonstrate maintenance of the CO National Ambient Air Quality Standard 
(NAAQS) for an additional 10 years. The maintenance plan revision is 
submitted as a limited maintenance plan for the Cuyahoga County, Ohio 
carbon monoxide area and provides an unlimited motor vehicle emissions 
budget as long as the ambient CO levels remain below the 7.65 parts per 
million design value specified as the criterion for the limited 
maintenance plan.

[45 FR 72143, Oct. 31, 1980, as amended at 45 FR 72147, Oct. 31, 1980; 
49 FR 22815, June 1, 1984; 51 FR 10391, Mar. 26, 1986; 54 FR 615, Jan. 
9, 1989; 54 FR 12621, Mar. 28, 1989; 55 FR 17752, Apr. 27, 1990; 71 FR 
31100, June 1, 2006]



Sec. 52.1888  Operating permits.

    Emission limitations and related provisions which are established in 
Ohio operating permits as federally enforceable conditions in accordance 
with Rule 3745-35-07 shall be enforceable by USEPA and by any person 
under section 304 of the Clean Air Act. USEPA reserves the right to deem 
permit conditions not federally enforceable. Such a determination will 
be made according to appropriate procedures, and will

[[Page 533]]

be based upon the permit, permit approval procedures or permit 
requirements which do not conform with the operating permit program 
requirements or the requirements of USEPA's underlying regulations.

[60 FR 55202, Oct. 30, 1995]



Sec. 52.1889  Small business stationary source technical and 
environmental compliance assistance program.

    The Ohio program, submitted as a requested revision to the Ohio 
State Implementation Plan on May 17, 1994, and May 4, 1995, satisfies 
the requirements of section 507 of the Clean Air Act.

[60 FR 42045, Aug. 15, 1995]



Sec. 52.1890  Removed control measures.

    On the dates listed below, Ohio requested that the indicated control 
measures be removed from the Ohio State Implementation Plan (SIP).
    (a) On February 21, 1997, the State of Ohio requested that the 
following rules and rule paragraphs be removed from the SIP because they 
have been amended or revoked by the State subsequent to their 
incorporation in the SIP: OAC 3745-21-02(C), OAC 3745-21-03(D), OAC 
3745-21-05, OAC 3745-22-01, OAC 3745-22-02, OAC 3745-22-03, OAC 3745-22-
04, OAC 3745-22-05, OAC 3745-22-06, OAC 3745-22-07, OAC 3745-22-08, OAC 
3745-23-03, OAC 3745-23-04, OAC 3745-23-05, and OAC 3745-102-07.
    (b) [Reserved]
    (c) On April 11, 2005, the Ohio Environmental Protection Agency 
submitted a request to revise the State's plan controlling nitrogen 
oxide emissions from stationary sources in the State. The request 
included the results of the action taken by Ohio EPA to rescind OAC 
3745-23-06, which affected emissions of oxides of nitrogen from 
combustion sources and nitric acid plants. This action was preceded by a 
negative declaration regarding nitric acid plants dated April 11, 1994, 
and rule approvals (NOX SIP Call, NSPS, budget trading 
program, etc.) affecting large fossil-fueled utility and industrial 
boilers. OAC 3745-23-06, Control of nitrogen oxide emissions from 
stationary sources, also known as AP-7-06 in its original form, is 
therefore removed from the Ohio SIP.

[62 FR 47947, Sept. 12, 1997, as amended at 71 FR 76919, Dec. 22, 76919]



Sec. 52.1891  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the 
State of Ohio and for which requirements are set forth under the Federal 
CAIR NOX Annual Trading Program in subparts AA through II of 
part 97 of this chapter must comply with such applicable requirements. 
The obligation to comply with these requirements in part 97 of this 
chapter will be eliminated by the promulgation of an approval by the 
Administrator of a revision to the Ohio State Implementation Plan (SIP) 
as meeting the requirements of CAIR for PM2.5 relating to 
NOX under Sec. 51.123 of this chapter, except to the extent 
the Administrator's approval is partial or conditional or unless such 
approval is under Sec. 51.123(p) of this chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX allowances to 
sources in the State for any years, the provisions of part 97 of this 
chapter authorizing the Administrator to complete the allocation of CAIR 
NOX allowances for those years shall continue to apply, 
unless the Administrator approves a SIP provision that provides for the 
allocation of the remaining CAIR NOX allowances for those 
years.
    (b)(1) The owner and operator of each NOX source located 
within the State of Ohio and for which requirements are set forth under 
the Federal CAIR NOX Ozone Season Trading Program in subparts 
AAAA through IIII of part 97 of this chapter must comply with such 
applicable requirements. The obligation to comply with these 
requirements in part 97 of this chapter will be eliminated by the 
promulgation of an approval by the Administrator of a revision to the 
Ohio State Implementation Plan (SIP) as meeting the requirements of CAIR 
for ozone relating to NOX under Sec. 51.123 of this chapter, 
except to the extent the Administrator's

[[Page 534]]

approval is partial or conditional or unless such approval is under 
Sec. 51.123(ee) of this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX Ozone Season 
allowances to sources in the State for any years, the provisions of part 
97 of this chapter authorizing the Administrator to complete the 
allocation of CAIR NOX Ozone Season allowances for those 
years shall continue to apply, unless the Administrator approves a SIP 
provision that provides for the allocation of the remaining CAIR 
NOX Ozone Season allowances for those years.

[72 FR 62353, Nov. 2, 2007]



Sec. 52.1892  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within 
the State of Ohio and for which requirements are set forth under the 
Federal CAIR SO2 Trading Program in subparts AAA through III 
of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the Ohio State Implementation Plan 
as meeting the requirements of CAIR for PM2.5 relating to 
SO2 under Sec. 51.124 of this chapter, except to the extent 
the Administrator's approval is partial or conditional or unless such 
approval is under Sec. 51.124(r) of this chapter.

[72 FR 62353, Nov. 2, 2007]



Sec. 52.1919  Identification of plan-conditional approval.

    (a) The plan commitments listed below were submitted on the dates 
specified.
    (1) [Reserved]
    (2) On April 20, 1994, Ohio submitted Rule 3745-35-07, entitled 
``Federally Enforceable Limitations on Potential to Emit,'' and 
requested authority to issue such limitations as conditions in State 
operating permits. On June 16, 1994, Ohio submitted a commitment to 
revise Rule 3745-35-07 to clarify that the rule provides for USEPA 
objection to permits after issuance. The revisions are approved provided 
Ohio fulfills this commitment by October 25, 1995.
    (i) Incorporation by reference.
    (A) Rule 3745-35-07, adopted April 4, 1994, effective April 20, 
1994.
    (3) Conditional Approval--On August 17, 1995, the Ohio Environmental 
Protection Agency submitted a revision to the State Implementation Plan. 
The submittal pertained to a plan for the implementation of the federal 
transportation conformity requirements at the State or local level in 
accordance with 40 CFR part 51, subpart T--Conformity to State or 
Federal Implementation Plans of Transportation Plans, Programs, and 
Projects Developed, Funded or Approved Under Title 23 U.S.C. or the 
Federal Transit Act. This conditional approval is based, in part, on the 
State's commitment, submitted in a letter on April 1, 1996, to submit 
revised transportation conformity rules to incorporate the two 
amendments to the federal transportation conformity regulations. The 
State of Ohio committed to revise its transportation conformity rules by 
November 14, 1996. If the State ultimately fails to meet its commitment 
to meet these requirements within one year of final conditional 
approval, then USEPA's action for the State's requested SIP revision 
will automatically convert to a final disapproval.
    (i) Incorporation by reference. August 1, 1995, Ohio Administrative 
Code Chapter 3745-101, effective August 21, 1995.
    (4) On March 1, 1996, Ohio submitted revisions to its Permit to 
Install rules as a revision to the State implementation plan. The 
request was supplemented on April 16, 1997, September 5, 1997, December 
4, 1997, and April 21, 1998.
    (i) Incorporation by reference.
    (A) Rule 3745-31-01 through 3745-31-20, effective September 25, 
1998.
    (b) (Reserved)

[61 FR 24460, May 15, 1996, as amended at 61 FR 24705, May 16, 1996; 66 
FR 51572, Oct. 10, 2001]

[[Page 535]]



                           Subpart LL_Oklahoma



Sec. 52.1920  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan (SIP) for Oklahoma under section 110 of the Clean 
Air Act, 42 U.S.C. 7410, 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 on or before June 
1, 2000, was approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Material is incorporated as it exists on the date of the approval, 
and notice of any change in the material will be published in the 
Federal Register. Entries in paragraphs (c) and (d) of this section with 
EPA approval dates after June 1, 2000, will be incorporated by reference 
in the next update to the SIP compilation.
    (2) EPA Region 6 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
Implementation Plan as of June 1, 2000.
    (3) Copies of the materials incorporated by reference may be 
inspected at the EPA Region 6 Office at 1445 Ross Avenue, Suite 700, 
Dallas, Texas, 75202-2733; Air and Radiation Docket (6102A), Room M1500, 
U.S. Environmental Protection Agency, Ariel Rios Building, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460 or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (c) EPA approved regulations.

                                        EPA Approved Oklahoma Regulations
----------------------------------------------------------------------------------------------------------------
                                                           State
         State citation              Title/subject       effective    EPA approval date        Explanation
                                                           date
----------------------------------------------------------------------------------------------------------------
                                   Oklahoma Air Pollution Control Regulations
                            Regulation 1.4. Air Resources Management Permits Required
                                       1.4.1. General Permit Requirements
----------------------------------------------------------------------------------------------------------------
1.4.1(a)........................  Scope and Purpose..    \1\ 05/19/  08/25/1983, 48 FR   Ref: 52.1960(c)(26)
                                                               1983   38635.
1.4.1(b)........................  General                06/04/1990  07/23/1991, 56 FR   Ref: 52.1960(c)(41)
                                   Requirements.                      33715.
1.4.1(c)........................  Necessity to Obtain    06/04/1990  07/23/1991, 56 FR   Ref: 52.1960(c)(41)
                                   Permit.                            33715.
1.4.1(d)........................  Permit fees........    \1\ 05/19/  08/25/1983, 48 FR   Ref: 52.1960(c)(26)
                                                               1983   38635.
----------------------------------------------------------------------------------------------------------------
                                           1.4.2. Construction Permit
----------------------------------------------------------------------------------------------------------------
1.4.2(a)........................  Standards Required.    06/04/1990  07/23/1991, 56 FR   Ref: 52.1960(c)(41)
                                                                      33715.
1.4.2(b)........................  Stack Height           06/11/1989  08/20/1990, 55 FR   Ref: 52.1960(c)(34)
                                   Limitation.                        33905.
1.4.2(c)........................  Permit Applications    06/04/1990  07/23/1991, 56 FR   Ref: 52.1960(c)(41)
                                                                      33715.
1.4.2(d)........................  Action on              \1\ 05/19/  08/25/1983, 48 FR   Ref: 52.1960(c)(26)
                                   Applications.               1983   38635.
1.4.2(e)........................  Public Review......    06/11/1989  08/20/1990, 55 FR   Ref: 52.1960(c)(34)
                                                                      33905.
1.4.2(f)........................  Construction Permit    \1\ 05/19/  08/25/1983, 48 FR   Ref: 52.1960(c)(26)
                                   Conditions.                 1983   38635.
1.4.2(g)........................  Cancellation of        \1\ 02/06/  07/27/1984, 49 FR   Ref: 52.1960(c)(31)
                                   Authority to                1984   30184.
                                   Construct or
                                   Modify.
1.4.2(h)........................  Relocation Permits.    11/14/1990  07/23/1991, 56 FR   Ref: 52.1960(c)(41)
                                                                      33715.
----------------------------------------------------------------------------------------------------------------
                                             1.4.3. Operating Permit
----------------------------------------------------------------------------------------------------------------
1.4.3(a)........................  Requirements.......    \1\ 05/19/  08/25/1983, 48 FR   Ref: 52.1960(c)(26)
                                                               1983   38635.
1.4.3(b)........................  Permit Applications    \1\ 05/19/  08/25/1983, 48 FR   Ref: 52.1960(c)(26)
                                                               1983   38635.
1.4.3(c)........................  Operating Permit       \1\ 05/19/  08/25/1983, 48 FR   Ref: 52.1960(c)(26)
                                   Conditions.                 1983   38635.
----------------------------------------------------------------------------------------------------------------
      1.4.4. Major Sources--Prevention of Significant Deterioration (PSD) Requirements for Attainment Areas
----------------------------------------------------------------------------------------------------------------
1.4.4(a)........................  Applicability......    \1\ 05/19/  08/25/1983, 48 FR   Ref: 52.1960(c)(26)
                                                               1983   38635.
1.4.4(b)........................  Definitions:           06/04/1990  07/23/1991, 56 FR   Ref: 52.1960(c)(41)
                                   Restricted Section                 33715.
                                   1.4.4.
1.4.4(c)........................  Source                 \1\ 05/19/  08/25/1983, 48 FR   Ref: 52.1960(c)(26)
                                   Applicability               1983   38635.
                                   Determination.

[[Page 536]]

 
1.4.4(d)........................  Review,                06/04/1990  07/23/1991, 56 FR   Ref: 52.1960(c)(41)
                                   Applicability, and                 33715.
                                   Exemptions.
1.4.4(e)........................  Control Technology.    \1\ 05/19/  08/25/1983, 48 FR   Ref: 52.1960(c)(26)
                                                               1983   38635.
1.4.4(f)........................  Air quality impact     08/10/1987  11/08/1999, 64 FR   Ref: 52.1960(c)(49)
                                   evaluation.                        60683.
1.4.4(g)........................  Source Impacting       08/10/1987  11/08/1999, 64 FR   Ref: 52.1960(c)(49)
                                   Class I areas.                     60683.
1.4.4(h)........................  Innovative Control     \1\ 05/19/  08/25/1983, 48 FR   Ref: 52.1960(c)(26)
                                   Technology.                 1983   38635.
----------------------------------------------------------------------------------------------------------------
                                    1.4.5. Major Sources--Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
1.4.5(a)........................  Applicability......    \1\ 05/19/  08/25/1983, 48 FR   Ref: 52.1960(c)(26)
                                                               1983   38635.
1.4.5(b)........................  Definitions:           06/11/1989  02/12/1991, 56 FR   Ref: 52.1960(c)(38)
                                   Restricted to                      05653.
                                   Section 1.4.5.
1.4.5(c)........................  Source                 06/11/1989  02/12/1991, 56 FR   Ref: 52.1960(c)(38)
                                   Applicability                      05653.
                                   Determination.
1.4.5(d)........................  Exemptions.........    \1\ 05/19/  08/25/1983, 48 FR   Ref: 52.1960(c)(26)
                                                               1983   38635.
1.4.5(e)........................  Requirements for       \1\ 05/19/  08/25/1983, 48 FR   Ref: 52.1960(c)(26)
                                   Sources Located in          1983   38635.
                                   Nonattainment
                                   Areas.
----------------------------------------------------------------------------------------------------------------
                        Regulation 3.8. Control of Emission of Hazardous Air Contaminants
----------------------------------------------------------------------------------------------------------------
3.8(a)..........................  Purpose............    04/19/1982  08/15/1983, 48 FR
                                                                      36819.
3.8(b)..........................  Definitions........    04/19/1982  08/15/1983, 48 FR
                                                                      36819.
3.8(c)..........................  Emission Standards     04/19/1982  08/15/1983, 48 FR
                                   for Hazardous Air                  36819.
                                   Contaminants.
----------------------------------------------------------------------------------------------------------------
                  OKLAHOMA ADMINISTRATIVE CODE, TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY
                             CHAPTER 4 (OAC 252:4). RULES OF PRACTICE AND PROCEDURE
----------------------------------------------------------------------------------------------------------------
                                    Subchapter 3. Meetings and Public Forums
----------------------------------------------------------------------------------------------------------------
252:4-3-1.......................  Meetings...........     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-3-2.......................  Public forums......     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                                            Subchapter 5. Rulemaking
----------------------------------------------------------------------------------------------------------------
252:4-5-1.......................  Adoption and            6/11/2001  12/29/2008, 73 FR
                                   revocation.                        79400.
252:4-5-2.......................  Rule development...     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-5-3.......................  Petitions for           6/11/2001  12/29/2008, 73 FR
                                   rulemaking.                        79400.
252:4-5-4.......................  Notice of permanent     6/11/2001  12/29/2008, 73 FR
                                   rulemaking.                        79400.
252:4-5-5.......................  Rulemaking hearings     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-5-6.......................  Council actions....     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-5-7.......................  Presentation to         6/11/2001  12/29/2008, 73 FR
                                   Board.                             79400.
252:4-5-8.......................  Board actions......     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-5-9.......................  Rulemaking record..     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                                    Subchapter 9. Administrative Proceedings
----------------------------------------------------------------------------------------------------------------
                                               PART 1. ENFORCEMENT
----------------------------------------------------------------------------------------------------------------
252:4-9-1.......................  Notice of Violation     6/11/2001  12/29/2008, 73 FR
                                   (``NOV'').                         79400.
252:4-9-2.......................  Administrative          6/11/2001  12/29/2008, 73 FR
                                   compliance orders.                 79400.
252:4-9-3.......................  Determining penalty     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-4.......................  Assessment orders..     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-5.......................  Considerations for      6/11/2001  12/29/2008, 73 FR
                                   self-reporting of                  79400.
                                   noncompliance.
----------------------------------------------------------------------------------------------------------------
                                         PART 3. INDIVIDUAL PROCEEDINGS
----------------------------------------------------------------------------------------------------------------
252:4-9-31......................  Individual              6/11/2001  12/29/2008, 73 FR
                                   proceedings filed                  79400.
                                   by DEQ.
252:4-9-32......................  Individual              6/11/2001  12/29/2008, 73 FR
                                   proceedings filed                  79400.
                                   by others.

[[Page 537]]

 
252:4-9-33......................  Scheduling and          6/11/2001  12/29/2008, 73 FR
                                   notice of hearings.                79400.
252:4-9-34......................  Administrative Law      6/11/2001  12/29/2008, 73 FR
                                   Judges and Clerks.                 79400.
252:4-9-35......................  Service............     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-36......................  Responsive pleading     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-37......................  Prehearing              6/11/2001  12/29/2008, 73 FR
                                   conferences.                       79400.
252:4-9-38......................  Discovery..........     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-39......................  Subpoenas..........     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-40......................  Record.............     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-41......................  Motions............     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-42......................  Continuances.......     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-43......................  Summary judgment...     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-44......................  Default............     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-45......................  Withdrawal and          6/11/2001  12/29/2008, 73 FR
                                   dismissal.                         79400.
252:4-9-46......................  Orders in               6/11/2001  12/29/2008, 73 FR
                                   administrative                     79400.
                                   hearings.
----------------------------------------------------------------------------------------------------------------
                                  PART 5. AIR QUALITY ADVISORY COUNCIL HEARINGS
----------------------------------------------------------------------------------------------------------------
252:4-9-51......................  In general.........     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-52......................  Individual              6/11/2001  12/29/2008, 73 FR
                                   proceedings.                       79400.
252:4-9-53......................  Variance...........     6/11/2001  12/29/2008, 73 FR
                                                                      79400.
252:4-9-54......................  State                   6/11/2001  12/29/2008, 73 FR   NOT in SIP: in the
                                   implementation                     79400.              first sentence, the
                                   plan hearings.                                         phrase ``under 252:100-
                                                                                          11'' and the last
                                                                                          sentence which begins
                                                                                          with ``Additional
                                                                                          requirements for a SIP
                                                                                          hearing * * *.''
----------------------------------------------------------------------------------------------------------------
                                        Appendices for OAC 252:Chapter 4
----------------------------------------------------------------------------------------------------------------
252:4, Appendix A...............  Petition for            6/11/2001  12/29/2008, 73 FR
                                   Rulemaking Before                  79400.
                                   the Environmental
                                   Quality Board.
252:4, Appendix B...............  Petition for            6/11/2001  12/29/2008, 73 FR
                                   Declaratory Ruling.                79400.
252:4, Appendix D...............  Style of the Case       6/11/2001  12/29/2008, 73 FR
                                   in an Individual                   79400.
                                   Proceeding.
----------------------------------------------------------------------------------------------------------------
                                CHAPTER 100 (OAC 252:100). AIR POLLUTION CONTROL
----------------------------------------------------------------------------------------------------------------
                                        Subchapter 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:100-1-1.....................  Purpose............    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
252:100-1-2.....................  Statutory              05/26/1994  11/03/1999, 64 FR
                                   definitions.                       59629.
252:100-1-3.....................  Definitions........    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
----------------------------------------------------------------------------------------------------------------
                               Subchapter 3. Air Quality Standards and Increments
----------------------------------------------------------------------------------------------------------------
252:100-3-1.....................  Purpose............     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-3-2.....................  Primary standards..     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-3-3.....................  Secondary standards     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-3-4.....................  Significant              7/1/1996  12/29/2008, 73 FR
                                   deterioration                      79400.
                                   increments.
----------------------------------------------------------------------------------------------------------------
                              Subchapter 5. Registration of Air Contaminant Sources
----------------------------------------------------------------------------------------------------------------
252:100-5-1.....................  Purpose............    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
252:100-5-2.....................  Registration of        05/26/1994  11/03/1999, 64 FR
                                   potential sources                  59629.
                                   of air
                                   contaminants.
252:100-5-3.....................  Confidentiality of     05/26/1994  11/03/1999, 64 FR
                                   proprietary                        59629.
                                   information.
----------------------------------------------------------------------------------------------------------------
                      Subchapter 9. Excess Emission and Malfunction Reporting Requirements
----------------------------------------------------------------------------------------------------------------
252:100-9-1.....................  Purpose............    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
252:100-9-2.....................  Definitions........    05/26/1994  11/03/1999, 64 FR
                                                                      59629.

[[Page 538]]

 
252:100-9-3.....................  General                05/26/1994  11/03/1999, 64 FR
                                   requirements.                      59629.
252:100-9-4.....................  Maintenance            05/26/1994  11/03/1999, 64 FR
                                   procedures.                        59629.
252:100-9-5.....................  Malfunctions and       05/26/1994  11/03/1999, 64 FR
                                   releases.                          59629.
252:100-9-6.....................  Excesses resulting     05/26/1994  11/03/1999, 64 FR
                                   from engineering                   59629.
                                   limitations.
----------------------------------------------------------------------------------------------------------------
                                           Subchapter 13. Open Burning
----------------------------------------------------------------------------------------------------------------
252:100-13-1....................  Purpose............     6/12/2000  12/29/2008, 73 FR
                                                                      79400.
252:100-13-2....................  Definitions........     6/12/2000  12/29/2008, 73 FR
                                                                      79400.
252:100-13-5....................  Open burning            6/12/2000  12/29/2008, 73 FR
                                   prohibited.                        79400.
252:100-13-7....................  Allowed open            6/12/2000  12/29/2008, 73 FR
                                   burning.                           79400.
252:100-13-9....................  General conditions      6/12/2000  12/29/2008, 73 FR
                                   and requirements                   79400.
                                   for allowed open
                                   burning.
252:100-13-10...................  Disaster relief....     6/12/2000  12/29/2008, 73 FR
                                                                      79400.
252:100-13-11...................  Responsibility for      6/12/2000  12/29/2008, 73 FR
                                   consequences of                    79400.
                                   open burning.
----------------------------------------------------------------------------------------------------------------
                             Subchapter 15. Motor Vehicle Pollution Control Devices
----------------------------------------------------------------------------------------------------------------
252:100-15-1....................  Purpose............    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
252:100-15-2....................  Definitions........    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
252:100-15-3....................  Scope..............    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
252:100-15-4....................  Prohibitions.......    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
252:100-15-5....................  Maintenance,           05/26/1994  11/03/1999, 64 FR
                                   repair, or testing.                59629.
252:100-15-6....................  Liquefied petroleum    05/26/1994  11/03/1999, 64 FR
                                   gas.                               59629.
----------------------------------------------------------------------------------------------------------------
                                           Subchapter 17. Incinerators
----------------------------------------------------------------------------------------------------------------
                                           PART 1. GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
252:100-17-1....................  Purpose............     6/25/1998  12/29/2008, 73 FR
                                                                      79400.
252:100-17-1.1..................  Reference to 40 CFR     6/25/1998  12/29/2008, 73 FR
                                                                      79400.
252:100-17-1.2..................  Terminology related     6/25/1998  12/29/2008, 73 FR
                                   to 40 CFR.                         79400.
----------------------------------------------------------------------------------------------------------------
                                              PART 3. INCINERATORS
----------------------------------------------------------------------------------------------------------------
252:100-17-2....................  Applicability......      6/1/2001  12/29/2008, 73 FR
                                                                      79400.
252:100-17-2.1..................  Exemptions.........     6/25/1998  12/29/2008, 73 FR
                                                                      79400.
252:100-17-2.2..................  Definitions........     6/25/1998  12/29/2008, 73 FR
                                                                      79400.
252:100-17-3....................  Opacity............     6/25/1998  12/29/2008, 73 FR
                                                                      79400.
252:100-17-4....................  Particulate matter.     6/25/1998  12/29/2008, 73 FR
                                                                      79400.
252:100-17-5....................  Incinerator design       6/1/2001  12/29/2008, 73 FR
                                   requirements.                      79400.
252:100-17-5.1..................  Alternative              6/1/2001  12/29/2008, 73 FR
                                   incinerator design                 79400.
                                   requirements.
252:100-17-7....................  Test methods.......     6/25/1998  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                            Subchapter 19. Control of Emission of Particulate Matter
----------------------------------------------------------------------------------------------------------------
252:100-19-1....................  Purpose............      6/1/2000  12/29/2008, 73 FR
                                                                      79400.
252:100-19-1.1..................  Definitions........      6/1/2000  12/29/2008, 73 FR
                                                                      79400.
252:100-19-4....................  Allowable                6/1/2000  12/29/2008, 73 FR
                                   particulate matter                 79400.
                                   emission rates
                                   from fuel-burning
                                   units.
252:100-19-10...................  Allowable                6/1/2000  12/29/2008, 73 FR
                                   particulate matter                 79400.
                                   emission rates
                                   from indirectly
                                   fired wood fuel-
                                   burning units.
252:100-19-11...................  Allowable                6/1/2000  12/29/2008, 73 FR
                                   particulate matter                 79400.
                                   emission rates
                                   from combined wood
                                   fuel and fossil
                                   fuel fired steam
                                   generating units.

[[Page 539]]

 
252:100-19-12...................  Allowable                6/1/2000  12/29/2008, 73 FR
                                   particulate matter                 79400.
                                   emission rates
                                   from directly
                                   fired fuel-burning
                                   units and
                                   industrial
                                   processes.
252:100-19-13...................  Permit by rule.....      6/1/2000  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                              Subchapter 23. Control of Emissions from Cotton Gins
----------------------------------------------------------------------------------------------------------------
252:100-23-1....................  Purpose............      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-23-2....................  Definitions........      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-23-3....................  Applicability,           6/1/2000  12/29/2008, 73 FR   NOT in SIP: paragraph
                                   general                            79400.              (b)(2).
                                   requirements.
252:100-23-4....................  Visible emissions        6/1/1999  12/29/2008, 73 FR
                                   (opacity) and                      79400.
                                   particulates.
252:100-23-5....................  Emission control         6/1/1999  12/29/2008, 73 FR
                                   equipment.                         79400.
252:100-23-6....................  Fugitive dust            6/1/1999  12/29/2008, 73 FR
                                   controls.                          79400.
252:100-23-7....................  Permit by rule.....      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                 Subchapter 24. Particulate Matter Emissions from Grain, Feed or Seed Operations
----------------------------------------------------------------------------------------------------------------
252:100-24-1....................  Purpose............      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-24-2....................  Definitions........      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-24-3....................  Applicability,           6/1/2000  12/29/2008, 73 FR   NOT in SIP: paragraph
                                   general                            79400.              (b)(2).
                                   requirements.
252:100-24-4....................  Visible emissions        6/1/1999  12/29/2008, 73 FR
                                   (opacity) limit.                   79400.
252:100-24-5....................  Certification......      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-24-6....................  Fugitive dust            6/1/1999  12/29/2008, 73 FR
                                   controls.                          79400.
252:100-24-7....................  Permit by rule.....      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                                Subchapter 25. Visible Emissions and Particulates
----------------------------------------------------------------------------------------------------------------
252:100-25-1....................  Purpose............      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-25-2....................  General prohibition      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-25-2.1..................  Definitions........      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-25-3....................  Opacity Limit......      6/1/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-25-4....................  Alternative for          6/1/1999  12/29/2008, 73 FR
                                   particulates.                      79400.
252:100-25-5....................  Continuous emission      6/1/1999  12/29/2008, 73 FR
                                   monitoring for                     79400.
                                   opacity.
----------------------------------------------------------------------------------------------------------------
                                     Subchapter 29. Control of Fugitive Dust
----------------------------------------------------------------------------------------------------------------
252:100-29-l....................  Purpose............     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-29-2....................  General provisions.      6/1/2001  12/29/2008, 73 FR
                                                                      79400.
252:100-29-3....................  Precautions              6/1/2001  12/29/2008, 73 FR
                                   required in                        79400.
                                   maintenance or
                                   nonattainment
                                   areas.
252:100-29-4....................  Exception for           5/26/1994  11/3/1999, 64 FR
                                   agricultural                       59629.
                                   purposes.
----------------------------------------------------------------------------------------------------------------
                             Subchapter 31. Control of Emission of Sulfur Compounds
----------------------------------------------------------------------------------------------------------------
                                           PART 1. GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
252:100-31-1....................  Purpose............     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-31-2....................  Definitions........     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-31-3....................  Performance testing     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
----------------------------------------------------------------------------------------------------------------
                                      PART 3. EXISTING EQUIPMENT STANDARDS
----------------------------------------------------------------------------------------------------------------
252:100-31-12...................  Sulfur oxides......     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-31-13...................  Sulfuric acid mist.     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-31-14...................  Hydrogen sulfide...     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-31-15...................  Total reduced           5/26/1994  11/3/1999, 64 FR
                                   sulfur.                            59629.
----------------------------------------------------------------------------------------------------------------
                                         PART 5. NEW EQUIPMENT STANDARDS
----------------------------------------------------------------------------------------------------------------
252:100-31-25...................  Sulfur oxides......      7/1/1995  12/29/2008, 73 FR
                                                                      79400.

[[Page 540]]

 
252:100-31-26...................  Hydrogen sulfide...     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
----------------------------------------------------------------------------------------------------------------
                              Subchapter 33. Control of Emission of Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
252:100-33-l....................  Purpose............     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-33-1.1..................  Definitions........      6/1/2001  12/29/2008, 73 FR
                                                                      79400.
252:100-33-1.2..................  Applicability......      6/1/2001  12/29/2008, 73 FR
                                                                      79400.
252:100-33-2....................  Emission limits....      6/1/2001  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                              Subchapter 35. Control of Emission of Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
252:100-35-1....................  Purpose............      6/1/2000  12/29/2008, 73 FR
                                                                      79400.
252:100-35-1.1..................  Definitions........      6/1/2000  12/29/2008, 73 FR
                                                                      79400.
252:100-35-2....................  Emission limits....      6/1/2000  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                             Subchapter 37. Control of Emission of Organic Materials
----------------------------------------------------------------------------------------------------------------
                                           PART 1. GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
252:100-37-1....................  Purpose............     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-37-2....................  Definitions........     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-37-3....................  Applicability and       6/11/1999  12/29/2008, 73 FR
                                   compliance.                        79400.
252:100-37-4....................  Exemptions.........     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-37-5....................  Operation and           6/11/1999  12/29/2008, 73 FR
                                   maintenance.                       79400.
----------------------------------------------------------------------------------------------------------------
                            PART 3. CONTROL OF VOCs IN STORAGE AND LOADING OPERATIONS
----------------------------------------------------------------------------------------------------------------
252:100-37-15...................  Storage of VOCs....     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-37-16...................  Loading of VOCs....     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                                  PART 5. CONTROL OF VOCs IN COATING OPERATIONS
----------------------------------------------------------------------------------------------------------------
252:100-37-25...................  Coating of parts        6/11/1999  12/29/2008, 73 FR
                                   and products.                      79400.
252:100-37-26...................  Clean up with VOCs.     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                                      PART 7. CONTROL OF SPECIFIC PROCESSES
----------------------------------------------------------------------------------------------------------------
252:100-37-35...................  Waste gas disposal.     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-37-36...................  Fuel-burning and        6/11/1999  12/29/2008, 73 FR
                                   refuse-burning                     79400.
                                   equipment.
252:100-37-37...................  Effluent water          6/11/1999  12/29/2008, 73 FR
                                   separators.                        79400.
252:100-37-38...................  Pumps and               6/11/1999  12/29/2008, 73 FR
                                   compressors.                       79400.
----------------------------------------------------------------------------------------------------------------
                          PART 9. PERMIT BY RULE FOR VOC STORAGE AND LEADING FACILITIES
----------------------------------------------------------------------------------------------------------------
252:100-37-41...................  Applicability......     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-37-42...................  Permit-by-rule          6/11/1999  12/29/2008, 73 FR
                                   requirements.                      79400.
----------------------------------------------------------------------------------------------------------------
                       Subchapter 39. Emission of Organic Materials in Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
                                           PART 1. GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
252:100-39-1....................  Purpose............     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-39-2....................  Definitions........     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-39-3....................  General                 6/11/1999  12/29/2008, 73 FR
                                   applicability.                     79400.
252:100-39-4....................  Exemptions.........     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                                      PART 3. PETROLEUM REFINERY OPERATIONS
----------------------------------------------------------------------------------------------------------------
252:100-39-15...................  Petroleum refinery      6/11/1999  12/29/2008, 73 FR
                                   equipment leaks.                   79400.
252:100-39-16...................  Petroleum refinery      6/11/1999  12/29/2008, 73 FR
                                   process unit                       79400.
                                   turnaround.
252:100-39-17...................  Petroleum refinery      6/11/1999  12/29/2008, 73 FR
                                   vacuum producing                   79400.
                                   system.
252:100-39-18...................  Petroleum refinery      6/11/1999  12/29/2008, 73 FR
                                   effluent water                     79400.
                                   separators.
----------------------------------------------------------------------------------------------------------------

[[Page 541]]

 
                                    PART 5. PETROLEUM PROCESSING AND STORAGE
----------------------------------------------------------------------------------------------------------------
252:100-39-30...................  Petroleum liquid        6/11/1999  12/29/2008, 73 FR
                                   storage in vessels                 79400.
                                   with external
                                   floating roofs.
----------------------------------------------------------------------------------------------------------------
                                           PART 7. SPECIFIC OPERATIONS
----------------------------------------------------------------------------------------------------------------
252:100-39-40...................  Cutback asphalt         6/11/1999  12/29/2008, 73 FR
                                   (paving).                          79400.
252:100-39-41...................  Storage, loading        6/11/1999  12/29/2008, 73 FR
                                   and transport/                     79400.
                                   delivery of VOCs.
252:100-39-42...................  Metal cleaning.....     6/11/1999  12/29/2008, 73 FR
                                                                      79400.
252:100-39-43...................  Graphic arts            6/11/1999  12/29/2008, 73 FR
                                   systems.                           79400.
252:100-39-44...................  Manufacture of          6/11/1999  12/29/2008, 73 FR
                                   pneumatic rubber                   79400.
                                   tires.
252:100-39-45...................  Petroleum (solvent)     6/11/1999  12/29/2008, 73 FR
                                   dry cleaning.                      79400.
252:100-39-46...................  Coating of parts        6/11/1999  12/29/2008, 73 FR
                                   and products.                      79400.
252:100-39-47...................  Control of VOC          6/11/1999  12/29/2008, 73 FR
                                   emissions from                     79400.
                                   aerospace
                                   industries
                                   coatings
                                   operations.
252:100-39-49...................  Manufacturing of        6/11/1999  12/29/2008, 73 FR
                                   fiberglass                         79400.
                                   reinforced plastic
                                   products.
----------------------------------------------------------------------------------------------------------------
                                   Subchapter 43. Sampling and Testing Methods
----------------------------------------------------------------------------------------------------------------
                                           Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:100-43-1....................  Purpose............    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
252:100-43-2....................  Test procedures....    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
252:100-43-3....................  Conduct of tests...    05/26/1994  11/03/1999, 64 FR
                                                                      59629.
----------------------------------------------------------------------------------------------------------------
                                            Part 3. Specific Methods
----------------------------------------------------------------------------------------------------------------
252:100-43-15...................  Gasoline vapor leak    05/26/1994  11/03/1999, 64 FR
                                   detection                          59629.
                                   procedure by
                                   combustible gas
                                   detector.
----------------------------------------------------------------------------------------------------------------
                                     Subchapter 45. Monitoring of Emissions
----------------------------------------------------------------------------------------------------------------
252:100-45-1....................  Purpose............     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-45-2....................  Monitoring              5/26/1994  11/3/1999, 64 FR
                                   equipment required.                59629.
252:100-45-3....................  Records required...     5/26/1994  11/3/1999, 64 FR
                                                                      59629.
252:100-45-4....................  Compliance               7/1/1995  12/29/2008, 73 FR
                                   certifications.                    79400.
252:100-45-5....................  Enforceability.....      7/1/1995  12/29/2008, 73 FR
                                                                      79400.
----------------------------------------------------------------------------------------------------------------
                                       Appendices for OAC 252: Chapter 100
----------------------------------------------------------------------------------------------------------------
252:100, Appendix A.............  Allowable Emissions     6/25/1998  12/29/2008, 73 FR
                                   for Incinerators                   79400.
                                   with Capacities of
                                   100/lbs/hr or
                                   Greater.
252:100, Appendix B.............  Allowable Emissions     6/25/1998  12/29/2008, 73 FR
                                   for Incinerators                   79400.
                                   with Capacities
                                   less than 100 lbs/
                                   hr.
252:100, Appendix C.............  Allowable Rate of        6/1/2001  12/29/2008, 73 FR
                                   Emissions for                      79400.
                                   Indirectly Fired
                                   Fuel-Burning Units.
252:100, Appendix D.............  Allowable Rate of        6/1/2000  12/29/2008, 73 FR
                                   Emissions for                      79400.
                                   Indirectly Fired
                                   Wood Fuel-Burning
                                   Units.
252:100, Appendix E.............  Primary Ambient Air      6/1/1999  12/29/2008, 73 FR
                                   Quality Standards.                 79400.

[[Page 542]]

 
252:100, Appendix F.............  Secondary Ambient        6/1/1999  12/29/2008, 73 FR
                                   Air Quality                        79400.
                                   Standards.
252:100, Appendix G.............  Allowable Rate of       5/26/1994  11/30/1999, 64 FR
                                   Emissions.                         59629.
252:100, Appendix L.............  PM-10 Emission           6/1/1999  12/29/2008, 73 FR
                                   Factors for Permit                 79400.
                                   by Rule for Grain
                                   Elevators.
----------------------------------------------------------------------------------------------------------------
  Oklahoma Administrative Code, Title 595. Department of Public Safety, Chapter 20 (OAC 595:20). Inspection and
                                          Equipment for Motor Vehicles
----------------------------------------------------------------------------------------------------------------
                          Subchapter 3. Emission and Mechanical Inspection of Vehicles
----------------------------------------------------------------------------------------------------------------
595:20-3-1......................  General                05/26/1994  02/29/1996, 61 FR   Subsection (2) only.
                                   instructions.                      7709.
595:20-3-3......................  When emission anti-     5/26/1994  02/29/1996, 61 FR
                                   tampering                          7709.
                                   inspection
                                   required where
                                   population less
                                   than 500,000.
595:20-3-5......................  Emission inspection    05/26/1994  02/29/1996, 61 FR
                                   areas.                             7709.
595:20-3-6......................  Documentation for      05/26/1994  02/29/1996 61 FR
                                   every inspection.                  7709.
595:20-3-12.....................  Inspection required    05/26/1994  02/29/1996 61 FR
                                   each year.                         7709.
595:20-3-25.....................  Motorcycle or motor-   05/26/1994  02/29/1996 61 FR
                                   driven cycles                      7709.
                                   (Class ``B'').
595:20-3-26.....................  Trailer and            05/26/1994  02/29/1996 61 FR
                                   semitrailer                        7709.
                                   trucks, (Class
                                   ``C'').
595:20-3-27.....................  School Buses (Class    05/26/1994  02/29/1996 61 FR
                                   ``D'').                            7709.
595:20-3-41.....................  Supervisory            05/26/1994  02/29/1996 61 FR    Subsection (o) only.
                                   responsibility of                  7709.
                                   inspection station
                                   owners and
                                   operators.
595:20-3-42.....................  Responsibility for     05/26/1994  02/29/1996 61 FR
                                   signs, forms, etc.                 7709.
595:20-3-46.....................  Security measures..    05/26/1994  02/29/1996 61 FR    Subsections (a) and (b)
                                                                      7709.               only.
595:20-3-61.....................  Refund of unused       05/26/1994  02/29/1996 61 FR    Subsections (a), (b),
                                   stickers.                          7709.               (e), and (f) only.
595:20-3-63.....................  Rejected vehicles..    05/26/1994  02/29/1996 61 FR    Subsections (b) and (g)
                                                                      7709.               only.
----------------------------------------------------------------------------------------------------------------
         Subchapter 7. Inspection Stickers and Monthly Tab Inserts for Windshield and Trailer/Motorcycle
----------------------------------------------------------------------------------------------------------------
595:20-7-1......................  General............    05/26/1994  02/29/1996 61 FR    Subsections (c) and (f)
                                                                      7709.               only.
595:20-7-2......................  Inspection             05/26/1994  02/29/1996 61 FR    Subsection (a) only.
                                   certificate.                       7709.
595:20-7-3......................  Rejection receipt--    05/26/1994  02/29/1996 61 FR
                                   Form VID 44.                       7709.
595:20-7-4......................  Station monthly        05/26/1994  02/29/1996 61 FR    Subsection (a) only.
                                   report--Form VID                   7709.
                                   21.
595:20-7-5......................  Signature card--       05/26/1994  02/29/1996 61 FR    Subsection (a) only.
                                   Form VID 17.                       7709.
595:20-7-6......................  Request for            05/26/1994  02/29/1996 61 FR    Subsection (a) only.
                                   inspection                         7709.
                                   stickers--Form VID
                                   19.
595:20-7-7......................  Request for refund--   05/26/1994  02/29/1996 61 FR    Subsection (a) only.
                                   Form VID 25.                       7709.
----------------------------------------------------------------------------------------------------------------
              Subchapter 9. Class AE Inspection Station, Vehicle Emission Anti-Tampering Inspection
----------------------------------------------------------------------------------------------------------------
595:20-9-1......................  General............    05/26/1994  02/29/1996 61 FR    Subsection (a) only.
                                                                      7709.
595:20-9-3......................  Vehicle emission       05/26/1994  02/29/1996 61 FR    Subsections (l) and (m)
                                   inspection.                        7709.               only.
595:20-9-7......................  Catalytic Converter    05/26/1994  02/29/1996, 61 FR
                                   System (C.A.T.).                   7709.
595:20-9-10.....................  Evaporative            05/26/1994  02/29/1996, 61 FR   Subsections (a), (b),
                                   emission control                   7709.               and (c) only.
                                   system (E.N.P.).
595:20-9-11.....................  Air injection          05/26/1994  02/29/1996, 61 FR   Subsection (a) only.
                                   system (A.I.S. or                  7709.
                                   A.I.R.).

[[Page 543]]

 
595:20-9-12.....................  Positive crankcase     05/26/1994  02/29/1996, 61 FR   Subsection (a) only.
                                   ventilation system                 7709.
                                   (P.C.V. Valve).
595:20-9-13.....................  Oxygen sensor......    05/26/1994  02/29/1996, 61 FR   Subsection (a) only.
                                                                      7709.
595:20-9-14.....................  Thermostatic air       05/26/1994  02/29/1996, 61 FR   Subsections (a) and (b)
                                   intake system                      7709.               only.
                                   (T.A.C.).
595:20-9-15.....................  Exhaust gas            05/26/1994  02/29/1996, 61 FR   Subsection (a) only.
                                   recirculation                      7709.
                                   system (E.G.R.).
----------------------------------------------------------------------------------------------------------------
    Subchapter 11. Annual Motor Vehicle Inspection and Emission Anti-Tampering Inspection Records and Reports
----------------------------------------------------------------------------------------------------------------
595:20-11-1.....................  General............    05/26/1994  02/29/1996, 61 FR
                                                                      7709.
595:20-11-2.....................  Inspection             05/26/1994  02/29/1996, 61 FR   Subsection (a) only.
                                   certificate--VEC-1.                7709.
595:20-11-3.....................  Rejection              05/26/1994  02/29/1996, 61 FR   Subsection (a) only.
                                   certificate--VIID-                 7709.
                                   44.
595:20-11-4.....................  Appeal procedure...    05/26/1994  02/29/1996, 61 FR
                                                                      7709 .
----------------------------------------------------------------------------------------------------------------
\1\ Submitted.

    (d) EPA approved state source-specific requirements.

                               EPA Approved Oklahoma Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                       State
        Name of source              Permit No.       submittal   EPA approval date           Explanation
                                                       date
----------------------------------------------------------------------------------------------------------------
General Motors, Oklahoma City:  .................    03/28/1977  12/20/1977, 42 FR  Ref: 52.1960(c)(10).
 Addendum I to Chapter 4,                                         63781.
 Emissions Offset Agreement
 for Permit Application.
McAlester Army Ammunition       Variance.........    09/21/1979  05/26/1981, 46 FR  Ref: 52.1960(c)(21).
 Plant McAlester, OK.                                             28159.
Mesa Petroleum Company........  Variance.........    02/06/1984  07/27/1984, 49 FR  Ref: 52.1960(c)(31).
                                                                  30184.
Rockwell International, Tulsa.  Alternate RACT...    03/09/1990  06/12/1990, 55 FR  Ref: 52.1960(c)(36).
                                                                  23730.
McDonald Douglas, Tulsa.......  Alternate RACT...    03/09/1990  06/12/1990, 55 FR  Ref: 52.1960(c)(36).
                                                                  23730.
American Airlines, Tulsa......  Alternate RACT...    03/09/1990  06/12/1990, 55 FR  Ref: 52.1960(c)(36).
                                                                  23730.
Nordam Lansing Street           Alternate RACT...    03/09/1990  06/12/1990, 55 FR  Ref: 52.1960(c)(36).
 facility, Tulsa.                                                 23730.
Conoco Refinery, Ponca City...  88-116-C.........    11/07/1989  03/06/1992, 57 FR  Ref: 52.1960(c)(42).
                                                                  08077.
Conoco Refinery, Ponca City...  88-117-O.........    11/07/1989  03/06/1992, 57 FR  Ref: 52.1960(c)(42).
                                                                  08077.
----------------------------------------------------------------------------------------------------------------

    (e) EPA approved nonregulatory provisions and quasi-regulatory 
measures.

                                 EPA Approved Oklahoma Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                    Applicable
                                  geographic or        State
     Name of SIP provision        nonattainment      submittal   EPA approval date           Explanation
                                       area            date
----------------------------------------------------------------------------------------------------------------
Chapter 1, Abstract...........  Statewide........    10/16/1972  05/14/1973, 38 FR  Ref: 52.1960(c)(6).
                                                                  12696.
Chapter 2, Description of       Statewide........    01/28/1972  05/31/1972, 37 FR  Ref: 52.1960(b).
 Regions.                                                         10842.
Chapter 3, Legal Authority....  Statewide........    10/16/1972  05/14/1973, 38 FR  Ref: 52.1960(c)(6).
                                                                  12696.
Chapter 4, Control Strategy...  Statewide........    10/16/1972  05/14/1973, 38 FR  Ref: 52.1960(c)(6).
                                                                  12696.

[[Page 544]]

 
A. Part D Requirements........  Nonattainment        04/02/1979  02/13/1980, 45 FR  Ref: 52.1960(c)(14).
                                 areas.                           09733.
B. Photochemical Oxidants       Statewide........    04/02/1979  02/13/1980, 45 FR  Ref: 52.1960(c)(14).
 (Ozone).                                                         09733.
C. Carbon Monoxide............  Statewide........    04/02/1979  02/13/1980, 45 FR  Ref: 52.1960(c)(14).
                                                                  09733.
D. Total Suspended              Statewide........    04/02/1979  02/13/1980, 45 FR  Ref: 52.1960(c)(14).
 Particulates.                                                    09733.
E. Public notification........  Statewide........    04/02/1979  05/14/1982, 47 FR  Ref: 52.1960(c)(17).
                                                                  20771.
F. Lead SIP...................  Statewide........    03/05/1980  04/16/1982, 47 FR  Ref: 52.1960(c)(18).
                                                                  16328.
G. PM10 SIP...................  Statewide........    08/22/1989  02/12/1991, 56 FR  Ref: 52.1960(c)(38).
                                                                  05653.
H. Tulsa County Ozone Plan....  Tulsa County.....    02/20/1985  01/31/1991, 56 FR  Ref: 52.1960(c)(39).
                                                                  03777.
I. Oklahoma County Carbon       Oklahoma County..    10/17/1985  08/08/1991, 56 FR  Ref: 52.1960(c)(40).
 Monoxide Plan.                                                   37651.
J. Central Oklahoma EAC area 8- Canadian,            12/22/2004  8/16/2005, 70 FR
 hour ozone standard             Cleveland,                       48078.
 attainment demonstration,       Grady, Lincoln,
 Emission Reduction              Logan, McClain,
 Strategies, Clean Air Plan,     and Oklahoma
 and Memorandum of Agreement     Counties.
 between the ODEQ and ACOG
 defining duties and
 responsibilities of each
 party for implementation of
 the Central Oklahoma EAC area
 Emission Reduction Strategies.
K. Tulsa EAC Area 8-hour ozone  Tulsa County and     12/22/2004  8/19/2005, 70 FR
 standard attainment             portions of                      48645.
 demonstration, Clean Air        Creek, Osage,
 Plan, Transportation Emission   Rogers and
 Reduction Strategies, and       Wagoner Counties.
 Memorandum of Agreement
 between the ODEQ and INCOG
 defining duties and
 responsibilities of each
 party for implementation of
 the Tulsa Area Transportation
 Emission Reduction Strategies.
Chapter 5, Compliance           Statewide........    10/16/1972  05/14/1973, 38 FR  Ref: 52.1960(c)(6).
 Schedules.                                                       12696.
Chapter 6, Emergency Episode    Statewide........    08/22/1989  02/12/1991, 56 FR  Ref: 52.1960(c)(38).
 Control Plan.                                                    05653.
Chapter 7, Atmospheric          Statewide........    03/07/1980  08/06/1981, 46 FR  Ref: 52.1960(c)(22).
 Surveillance System.                                             40005.
Chapter 8, Source Surveillance  Statewide........    10/16/1972  05/14/1973, 38 FR  Ref: 52.1960(c)(6).
 System.                                                          12696.
Chapter 9, Resources..........  Statewide........    04/02/1979  02/13/1980, 45 FR  Ref: 52.1960(c)(14).
                                                                  09733.
Chapter 10, Intergovernmental   Statewide........    04/02/1979  05/14/1982, 47 FR  Ref: 52.1960(c)(17).
 Cooperation.                                                     20771.
Small Business Assistance       Statewide........    11/19/1992  06/23/1994, 59 FR  Ref: 52.1960(c)(45).
 Program.                                                         32365.
Oklahoma Vehicle Anti-          Statewide........    05/16/1994  02/29/1996, 61 FR  Ref: 52.1960(c)(46).
 Tampering Program.                                               07709.
Oklahoma Visibility Protection  Statewide........    06/08/1990  11/08/1999, 64 FR  Ref: 52.1960(c)(49).
 Plan.                                                            60683.
----------------------------------------------------------------------------------------------------------------


[[Page 545]]


                                    EPA Approved Statutes in the Oklahoma SIP
----------------------------------------------------------------------------------------------------------------
                                                           State
         State citation              Title/subject       effective         EPA approval date         Explanation
                                                           date
----------------------------------------------------------------------------------------------------------------
                     1992 Oklahoma Clean Air Act (63 O.S.A. 1992, Sections 1-1801 to 1-1819)
----------------------------------------------------------------------------------------------------------------
Section 1-1801..................  Citation...........    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1802..................  Purpose............    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1803..................  Municipal              05/15/1992  06/23/1994, 59 FR 32365......
                                   Regulations.
Section 1-1804.1................  Definitions........    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1805.1................  Administrative         05/15/1992  06/23/1994, 59 FR 32365......
                                   Agency Powers.
Section 1-1806.1................  Adoption of Rules..    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1807.1................  Air Quality Council    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1808.1................  Powers and Duties      05/15/1992  06/23/1994, 59 FR 32365......
                                   of the Air Quality
                                   Council.
Section 1-1809..................  Chief of Air           05/15/1992  06/23/1994, 59 FR 32365......
                                   Quality Council/
                                   Citizen Complaints.
Section 1-1810..................  Variances..........    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1811..................  Compliance Orders..    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1812..................  Field Citation         05/15/1992  06/23/1994, 59 FR 32365......
                                   Program/
                                   Administrative
                                   Penalties.
Section 1-1813..................  Permitting Program.    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1814..................  Fees...............    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1815..................  Emission Standards/    05/15/1992  06/23/1994, 59 FR 32365......
                                   Toxic Air
                                   Contaminant
                                   Emissions/Oil and
                                   Gas Emissions.
Section 1-1816..................  Small Business         05/15/1992  06/23/1994, 59 FR 32365......
                                   Assistance Program.
Section 1-1817..................  Criminal Penalties.    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1818..................  Civil Action.......    05/15/1992  06/23/1994, 59 FR 32365......
Section 1-1819..................  Keeping Certain        05/15/1992  06/23/1994, 59 FR 32365......
                                   Rules and
                                   Enforcement
                                   Actions Effective.
----------------------------------------------------------------------------------------------------------------
                     1992 Oklahoma Environmental Quality Act (27A O.S.A., Sections 1 to 12)
----------------------------------------------------------------------------------------------------------------
Section 1.......................  Citation...........    06/12/1992  06/23/1994, 59 FR 32365......
Section 2.......................  Purpose............    06/12/1992  06/23/1994, 59 FR 32365......
Section 3.......................  Definitions........    06/12/1992  06/23/1994, 59 FR 32365......
Section 4.......................  Transition.........    06/12/1992  06/23/1994, 59 FR 32365......
Section 5.......................  Pollution Control      06/12/1992  06/23/1994, 59 FR 32365......
                                   Coordinating Board
                                   and Department of
                                   Pollution Control.
Section 6.......................  Jurisdictional         06/12/1992  06/23/1994, 59 FR 32365......
                                   Areas of
                                   Environmental
                                   Responsibility.
Section 7.......................  Environmental          06/12/1992  06/23/1994, 59 FR 32365......
                                   Quality Board.
Section 8.......................  Executive Director.    06/12/1992  06/23/1994, 59 FR 32365......
Section 9.......................  Department of          06/12/1992  06/23/1994, 59 FR 32365......
                                   Environmental
                                   Quality.
Section 10......................  Advisory Councils..    06/12/1992  06/23/1994, 59 FR 32365......
Section 11......................  Time Periods for       06/12/1992  06/23/1994, 59 FR 32365......
                                   Certain Permits
                                   and Complaints.
Section 12......................  Resolution.........    06/12/1992  06/23/1994, 59 FR 32365......
----------------------------------------------------------------------------------------------------------------


[65 FR 47328, Aug. 2, 2000; 65 FR 52476, 52477, Aug. 29, 2000, as 
amended at 70 FR 48080, Aug. 16, 2005; 70 FR 48647, Aug. 19, 2005; 70 FR 
53275, Sept. 7, 2005; 73 FR 79404, Dec. 29, 2008]



Sec. 52.1921  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Central Oklahoma Intrastate...............................           I        III       III       III          I
Northeastern Oklahoma Intrastate..........................           I        III       III       III          I
Southeastern Oklahoma Intrastate..........................         III        III       III       III        III
North Central Oklahoma Intrastate.........................         III        III       III       III        III
Southwestern Oklahoma Intrastate..........................         III        III       III       III        III
Northwestern Oklahoma Intrastate..........................         III        III       III       III        III
Metropolitan Fort Smith Interstate........................          II        III       III       III        III
Shreveport-Texarkana-Tyler Interstate.....................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------


[[Page 546]]


[37 FR 10887, May 31, 1972, as amended at 45 FR 9741, Feb. 13, 1980]



Sec. 52.1922  Approval status.

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

[45 FR 9741, Feb. 13, 1980, as amended at 61 FR 16062, Apr. 11, 1996]



Sec. Sec. 52.1923-52.1928  [Reserved]



Sec. 52.1929  Significant deterioration of air quality.

    (a) Regulation for preventing significant deterioration of air 
quality. The Oklahoma plan, as submitted, does not apply to certain 
sources in the State. Therefore the provisions of Sec. 52.21 except 
paragraph (a)(1) are hereby incorporated, and made part of the Oklahoma 
State implementation plan, and are applicable to the following major 
stationary sources or major modifications:
    (i) Sources permitted by EPA prior to approval of the Oklahoma PSD 
program for which EPA retains enforcement authority.
    (ii) Sources proposing to locate on lands over which Oklahoma does 
not have jurisdiction under the Clean Air Act to issue PSD permits.
    (b) The plan revisions submitted by the Governor of Oklahoma on 
August 22, 1989, as adopted on March 23, 1989, by the Oklahoma State 
Board of Health and effective June 11, 1989, amendments to OAPCR 1.4.4 
``Major Sources--Prevention of Significant Deterioration (PSD) 
Requirements for Attainment Areas'' is approved as meeting the 
requirements of Part C of the Clean Air Act for preventing significant 
deterioration of air quality.

[56 FR 5656, Feb. 12, 1991, as amended at 68 FR 11324, Mar. 10, 2003; 68 
FR 74490, Dec. 24, 2003]



Sec. 52.1930  [Reserved]



Sec. 52.1931  Petroleum storage tank controls.

    (a) Notwithstanding any provisions to the contrary in the Oklahoma 
implementation plan, the petroleum storage tanks listed in paragraphs 
(b) through (e) of this section shall be subject to the requirements of 
section 15.211 of the Oklahoma Air Pollution Control Regulations and to 
the monitoring, inspection, reporting, and other procedural requirements 
of the Oklahoma implementation plan and the Clean Air Act. The owner or 
operator of each affected facility shall secure compliance with section 
15.211 in accordance with the schedule set forth below.
    (b) Tanks 121 and 122 for crude oil storage at the Sun Oil Company 
refinery at Duncan, Oklahoma, shall be in compliance with section 15.211 
no later than August 1, 1979.
    (c) Tanks 118 and 119 for gasoline storage at the Apco Oil 
Corporation refinery at Cyril, Oklahoma, shall be in compliance with 
section 15.211 no later than February 1, 1979.
    (d) Tank 286 for crude oil storage at the Continental Pipe Line 
Company property in Oklahoma County, Oklahoma (section 32-12N-2W) shall 
be in compliance with section 15.211 no later than February 1, 1979.
    (e) The three 80,000 barrel capacity crude oil storage tanks at the 
Champlin Petroleum Company, Noble Station, 13th and Bryan Streets, 
Oklahoma City, Oklahoma, shall be in compliance with section 15.211 no 
later than September 1, 1979.
    (f) Action on the part of Sun Oil Company, Apco Oil Corporation, 
Continental Pipe Line Company and Champlin Petroleum Company of 
controlling hydrocarbon emissions creditable as offsets for General 
Motors Corporation, Oklahoma City, Oklahoma, in no way relieves these 
companies from meeting all requirements under the Oklahoma Air Quality 
Implementation Plan or under the Federal Clean Air Act as amended.

[42 FR 63782, Dec. 20, 1977]

[[Page 547]]



Sec. Sec. 52.1932-52.1933  [Reserved]



Sec. 52.1934  Prevention of air pollution emergency episodes.

    (a) The plan originally submitted by the Governor of Oklahoma on 
January 28, 1972, as Chapter six, was revised for particulate matter and 
submitted for parallel processing by the Episode Control Plan for the 
State of Oklahoma'' Sec. 2.2 and Sec. 3.2 table II as adopted 
September 6, 1988, by the Oklahoma Air Quality Council are approved as 
meeting the requirements of section 110 of the Clean Air Act and 40 CFR 
part 51 subpart H.

[56 FR 5656, Feb. 12, 1991]



Sec. 52.1935  Small business assistance program.

    The Governor of Oklahoma submitted on November 19, 1992, a plan 
revision to develop and implement a Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program to meet the 
requirements of section 507 of the Clean Air Act by November 15, 1994. 
The plan commits to provide technical and compliance assistance to small 
businesses, hire an Ombudsman to serve as an independent advocate for 
small businesses, and establish a Compliance Advisory Panel to advise 
the program and report to EPA on the program's effectiveness.

[59 FR 32370, June 23, 1994]



Sec. 52.1960  Original Identification of plan section.

    (a) This section identifies the original ``State of Oklahoma Air 
Quality Control Implementation Plan'' and all revisions submitted by 
Oklahoma that were federally approved prior to June 1, 2000.
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) An opinion of the State Attorney General concerning the State's 
legal authority in emergency episode prevention and public disclosure 
was submitted February 15, 1972. (Non-regulatory)
    (2) Letter from State Department of Health concerning emergency 
episode prevention, sampling site locations and governmental cooperation 
was submitted on February 25, 1972. (Non-regulatory)
    (3) Letter of May 4, 1972, from the State Department of Health 
clarifies Regulations 4, 13, 14, and Title 63 of the State air quality 
regulations concerning emission data, emergency episodes, compliance 
schedules and new source review. (Non-regulatory)
    (4) Revisions concerning Regulations 4 through 8, 13 and 15 through 
18 were submitted by the Governor on July 14, 1972.
    (5) Certification on October 4, 1972, of amendments to Regulation 14 
of the State regulations was submitted by the Governor. (Non-regulatory)
    (6) Corrections of the plan submitted previously and consolidated 
were submitted on October 16, 1972. (Non-regulatory)
    (7) Sections 16.1, 16.3, and 16.5 of Regulation No. 16, ``Control of 
Emissions of Sulfur Compounds,'' the Control Strategy which relates to 
sulfur oxides control under the applicable sections of Regulation 16, 
and emission limitations on existing sources as adopted on December 1, 
1974 and submitted by the Governor on March 4, 1975.
    (8) Revision to Oklahoma Regulation 4.2 (public availability of 
emission data) was submitted by the Governor on October 7, 1975.
    (9) Administrative revisions to Oklahoma SIP Chapter 1, Table 2, 
Oklahoma Ambient Air Quality Standards, Chapter 8, Source Surveillance 
and Enforcement System, section 8 A, B, and C relating to permits, and 
addition of Appendix Q, relating to Oklahoma Air Quality Standards, were 
submitted by the Oklahoma State Department of Health on May 16, 1975, 
with clarification submitted on June 17, 1977. (Nonregulatory).
    (10) Consent agreements creditable as emission offsets were 
submitted by the Governor on March 28, 1977 as Addendum 1 to Chapter IV 
of the Oklahoma Air Quality Implementation Plan.
    (11) Revisions of Oklahoma Regulation No. 15 for control of 
emissions of organic materials were adopted (effective date) December 
31, 1974, and submitted by the Governor on June 16, 1975.

[[Page 548]]

    (12) Revision to Oklahoma Regulation No. 3, Defining Terms Used in 
Oklahoma Air Pollution Control Regulations, were submitted by the 
Governor on November 28, 1977. The revisions include amendments adopted 
by the State on June 2, 1974 and June 11, 1977. (See Sec. 52.1926(a).)
    (13) A general update of Chapter 7: Air Quality Surveillance, was 
submitted by the Governor on July 19, 1978. (Non-regulatory).
    (14) Revisions to the plan for attainment of standards for ozone, 
carbon monoxide, and particulate matter (Part D requirements) were 
submitted by the Governor on April 2, 1979.
    (15) A revised schedule including specific dates of the overall TSP 
program was submitted by the State on March 28, 1980.
    (16) Revisions to Regulation No. 17, Regulation No. 14 section 
14.313, Regulation No. section 14.313(b), Regulation No. 14 section 
14.313(c)(i), Regulation No. 15 section 15.50, Regulation No. 15 section 
15.53, and Regulation No. 3 (Part D requirements) were submitted by the 
Governor on April 11, 1980.
    (17) Revisions to the plan for intergovernmental consultation, 
interstate pollution abatement, public notification, and the State Board 
were submitted by the Governor on April 2, 1979; a letter of commitment 
for new source notification was submitted by the Acting Chief of the 
Oklahoma Air Quality Service on March 31, 1982; a Public Notification 
Workplan was submitted by the Chief of the Oklahoma Air Quality Service 
on January 14, 1980; the Oklahoma Code of Ethics for State Officials and 
Employees, with a clarification letter, was submitted by the Oklahoma 
Commissioner of Health on March 9, 1982; and a clarification letter was 
submitted by the Acting Chief of the Oklahoma Air Quality Service on 
February 23, 1982.
    (18) The Oklahoma State Implementation Plan for lead was submitted 
to EPA on March 5, 1980, by the Governor of Oklahoma as adopted by the 
State Air Quality Council on November 13, 1979. Letters of clarification 
dated October 19 and December 9, 1981, also were submitted.
    (19) Revisions to Regulation No. 15 (i.e., the addition of sections 
15.57, 15.58, and 15.59) were adopted by the State Board of Health on 
April 30, 1980 and submitted by the Governor on June 10, 1980.
    (20) Revisions to Regulation No. 15 (i.e., revisions to sections 
15.524, 15.585, and 15.59, and the addition of Sections 15.60 and 15.61) 
were adopted by the State Board of Health on May 9, 1981 and submitted 
by the Governor on September 14, 1981.
    (21) A variance to the State Regulations 7 and 8 for McAlester Army 
Ammunition Plant located in McAlester, Oklahoma was submitted by the 
State on September 21, 1979 and approved by the State Board of Health on 
September 8, 1979.
    (22) On March 7, 1980, the Governor submitted final revisions to the 
ambient monitoring portion of the plan.
    (23) [Reserved]
    (24) A revision to the Air Pollution Control Regulation 2.1, as 
adopted by the Oklahoma Air Quality Council on January 19, 1982, was 
submitted by the Governor on April 12, 1982.
    (25) Revision to Oklahoma Regulation No. 1.4 Air Resources 
Management-Permits Required (1.4.1-1.4.3) and Major Sources--
Nonattainment areas (1.4.5) was submitted by the Governor on April 12, 
1982. A letter of commitment and a letter of clarification for 
Regulation 1.4 was submitted by the State on April 30, 1982 and December 
9, 1982, respectively.
    (26) On April 2, 1979, the State of Oklahoma submitted an amendment 
to Regulation 1.3 Defining Terms Used in Oklahoma Air Pollution Control 
Regulations (i.e., Table II) and on April 12, 1982, and on May 19, 1983, 
the State submitted revisions to the State's Permit Regulation 1.4 
including adding 1.4.4 [Major Sources--Prevention of Significant 
Deterioration (PSD) Requirements for Attainment Areas] to provide for 
PSD new source review. A Letter of Clarification of October 6, 1982, was 
also submitted.
    (27) Revision to Oklahoma Regulation 3.8 (Control of Emission of 
Hazardous Air Contaminants) submitted by the Governor on February 8, 
1983.
    (28) Revision to Oklahoma Regulation 3.4--Control of Emission of 
Sulfur Compounds was submitted by the Governor on May 19, 1983, which 
changed

[[Page 549]]

subsections 3.4(c)(1)(A)(i)(a)(3) and 3.4(c)(1)(C)(i)(a). The revision 
was adopted by the Oklahoma State Board of Health on May 12, 1983. A 
letter of clarification on subsection 3.4(c)(1)(C)(i)(a) was submitted 
by the State on October 14, 1983.
    (29) Revision of Oklahoma Regulation 1.4--Air Resources Management--
Permits Required was submitted by the Governors on May 19, 1983. A 
letter of clarification on subsection 1.4.1(c)(3) was submitted by the 
State on September 23, 1983.
    (30) Revision to Oklahoma Regulation No. 1.5--Reports Required: 
Excess Emissions During Startup, Shutdown and Malfunction of Equipment 
was submitted by the Governor on February 8, 1983. Letters of 
clarification were submitted by the State on October 18, 1982 and May 
24, 1983.
    (31) Revision to Regulation 1.4 ``Air Resources Management--Permits 
Required'' and variance and extension for Mesa Petroleum Company 
submitted by the Governor on February 6, 1984. A letter of clarification 
on section 1.4.2(f) Cancellation of Authority to Construct or Modify was 
submitted by the State on February 17, 1984.
    (32) [Reserved]
    (33) Revision to Regulation 3.1 ``Pertaining to the Control of 
Smoke, Visible Emissions and Particulates'' submitted by the Governor on 
February 6, 1984. On May 16, 1984, the Oklahoma State Department of 
Health submitted a letter of clarification on Regulation 3.1.
    (34) Oklahoma Air Pollution Control Regulation 1.4.2(b) ``Stack 
Height Limitation'' and amendments to OAPCR 1.4.2(e) ``Public Review'' 
as adopted on May 8, 1986, and submitted by the Governor on April 30, 
1986, to meet the requirements of the Federal stack height regulations.
    (i) Incorporation by reference.
    (A) Oklahoma Air Pollution Control Regulation (OAPCR) 1.4.2(b) 
``Stack Height Limitation'' as adopted on May 8, 1986, and amendments to 
OAPCR 1.4.2(b) section 1.4.2(b)(1)(G) as adopted on July 9, 1987, and 
effective August 10, 1987. In addition, amendments to OAPCR 1.4.2(b) 
section 1.4.2(b)(1)(C); and amendments to OAPCR 1.4.2(e) ``Public 
Review'' section 1.4.2(e)(1)(A) as adopted March 23, 1989, effective 
June 11, 1989, by the Oklahoma Board of Health.
    (ii) Additional material.
    (A) Commitment letter dated July 8, 1988, from the Director of the 
Permits and Enforcement Division of the Oklahoma Air Quality Service, 
Oklahoma State Department of Health.
    (35) May 8, 1985, revisions to Oklahoma Air Pollution Control 
Regulation 3.4.(c)(1)(C) ``Gas Sweetening and Sulfur Recovery Plants'' 
were submitted by the Governor on March 31, 1986.
    (i) Incorporation by reference.
    (A) Amendments to Oklahoma Air Pollution Control Regulation 
3.4(c)(1)(C) (Gas Sweetening and Sulfur Recovery Plants); adopted May 8, 
1985, by the Oklahoma Air Quality Council.
    (36) On March 9, 1990, the Governor submitted Oklahoma Air Pollution 
Control Regulation 3.7.5--4(h) ``Control of VOS Emissions from Aerospace 
Industries Coatings Operations.'' This regulation was adopted by the 
Oklahoma Air Quality Council on December 5, 1989, and by the Oklahoma 
Board of Health on February 8, 1990. The regulation became effective 
when it was signed by the Governor as an emergency rule on February 12, 
1990. Also on March 9, 1990, the Governor of Oklahoma submitted four 
source specific alternate RA.T determination Orders issued by the 
Oklahoma Commissioner of Health for the Rockwell International, 
McDonnell Douglas-Tulsa. American Airlines and Nordam facilities in 
Tulsa County.
    (i) Incorporation by reference. (A) Oklahoma Air Pollution Control 
Regulation 3.7.5--4(h) ``Control of VOS Emissions from Aerospace 
Industries Coatings Operations'' as adopted by the Oklahoma Air Quality 
Council on December 5, 1989, and the Oklahoma Board of Health on 
February 8, 1990, and approved by the Governor on February 12, 1990.
    (B) Oklahoma Commissioner of Health Order issued and effective 
February 21, 1990, for Rockwell International, Tulsa approving an 
Alternate Reasonably Available Control Technology (ARACT).
    (C) Oklahoma Commissioner of Health Order issued and effective 
February 21, 1990, for McDonnell Douglas-

[[Page 550]]

Tulsa approving an Alternate Reasonably Available Control Technology 
(ARACT).
    (D) Oklahoma Commissioner of Health Order issued and effective 
February 21, 1990, for American Airlines approving an Alternate 
Reasonably Available Control Technology (ARACT).
    (E) Oklahoma Commissioner of Health Order issued and effective 
February 21, 1990, for Nordam's Lansing Street facility approving an 
Alternate Reasonably Available Control Technology (ARACT).
    (ii) Additional material. (A) Rockwell International Tulsa. (1) The 
document prepared by Rockwell International titled ``Rockwell 
International NAA-Tulsa Alternate RACT Determination'' dated October 30, 
1989.
    (2) The document prepared by Rockwell titled ``Rockwell 
International NAA-Tulsa Alternate RACT Determination Supplemental 
Submittal'' dated November 22, 1989.
    (B) McDonnell Douglas. (1) The document prepared by McDonnell 
Douglas-Tulsa titled ``Source Specific RACT Determination'' dated 
October 30, 1989.
    (2) The document prepared by McDonnell Douglas-Tulsa titled ``ARACT/
Follow-up Submission'' dated November 20, 1989.
    (C) American Airlines. (1) The document prepared by American 
Airlines titled ``American Airlines Tulsa Alternate RACT'' dated October 
30, 1989.
    (2) The document prepared by American Airlines titled ``ARACT/
Follow-up Submission'' dated November 22, 1989.
    (D) Nordam. (1) The document prepared by Nordam titled ``Source 
Specific RACT Determination'' dated November 29, 1989.
    (2) The document prepared by Nordam titled ``ARACT/Follow-up 
Submission'' dated January 10, 1990.
    (37) On May 8, 1989, the Governor submitted Oklahoma Air Pollution 
Control Regulation 1.5 ``Excess Emission and Malfunction Reporting 
Requirements''. This regulation was adopted by the Oklahoma Board of 
Health on June 23, 1988, and approved by the Oklahoma Legislature on 
February 24, 1989. The regulation became effective on March 11, 1989.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Air Pollution Control Regulation 1.5 
``Excess Emission and Malfunction Reporting Requirements'', OAPCR 1.5 
title change, Sec. 1.5(a)(1), Sec. 1.5(b)(1)(B), Sec. 1.5(b)(1)(E), 
Sec. 1.5(c), title, Sec. 1.5(c)(1), Sec. 1.5(e)(1), and Sec. 
1.5(e)(2), as adopted by the Oklahoma Board of Health on June 23, 1988, 
and approved by the Oklahoma Legislature on February 24, 1989.
    (38) On August 22, 1989, the Governor submitted Oklahoma's Committal 
SIP for the Group II area of Lawton, Oklahoma. In addition, the 
submittal included the State's Group III SIP for the remainder of the 
State and amendments to the Oklahoma Air Pollution Control Regulations 
1.1, 1.2, 1.4.4, and 1.4.5, and amendments to Chapter 6 ``Emergency 
Episode Control Plan for the State of Oklahoma''.
    (i) Incorporation by reference.
    (A) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR) 
1.1 ``Defining Terms Used in Oklahoma Air Pollution Control 
Regulations'' Sec. 1.1(b)(97), Sec. 1.1(b)(98), Sec. 1.1(b)(99) and 
Sec. 1.1(b)(145), as adopted October 11, 1989, by the Oklahoma State 
Board of Health and effective May 25, 1990. Amendments to OAPCR 1.1, 
Sec. 1.1(b)(127), and Sec. 1.1(b)(128), as adopted March 23, 1989, by 
the Oklahoma State Board of Health and effective June 11, 1989.
    (B) Amendments to OAPCR 1.2 ``Oklahoma Air Quality Standards and 
Increments'' Table 1.2(1), as adopted January 28, 1988, by the Oklahoma 
State Board of Health and effective June 21, 1988.
    (C) Amendments to OAPCR 1.4.4 ``Major Sources--Prevention of 
Significant Deterioration (PSD) Requirements for Attainment Areas'' 
Sec. 1.4.4(b)(22)(A), Sec. 1.4.4(d)(4), Sec. 1.4.4(d)(9), Sec. 
1.4.4(d)(10), Sec. 1.4.4(d)(11), and Sec. 1.4.4(d)(12), as adopted 
March 23, 1989, by the Oklahoma State Board of Health and effective June 
11, 1989.
    (D) Amendments to OAPCR 1.4.5. ``Major Sources--Nonattainment 
Areas'' Sec. 1.4.5(b)(18), and Sec. 1.4.5(c)(1)(C), as adopted March 
23, 1989, by the Oklahoma State Board of Health and effective June 11, 
1989.
    (39) On February 20, 1985, the Governor of Oklahoma, submitted a SIP 
revision designed to achieve the ozone

[[Page 551]]

standard in Tulsa County. Supplemental information was submitted on 
August 23, 1985, January 21, June 2, September 2, and December 22, 1986. 
The anti-tampering regulation was submitted to EPA by the Governor on 
October 8, 1985. On March 31, 1986, the Governor of Oklahoma submitted 
one new regulation. On May 8, 1989, the Governor of Oklahoma submitted 
one revised regulation. On March 9, 1990, the Governor of Oklahoma 
submitted four new regulations and several miscellaneous changes to the 
existing SIP approved regulations in Tulsa County. EPA is approving one 
regulation (OAPCR 3.7.5-4(f) ``Petroleum (Solvent) Dry Cleaning'') under 
part A, section 110 of the Clean Air Act. This regulation does not 
represent RACT under part D, section 172 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Oklahoma Air Pollution Control Regulation (OAPCR) 3.7 ``Control 
of Emissions of Organic Materials'' Sec. 3.7.5-4(f) as adopted by the 
Oklahoma State Board of Health on February 7, 1985, and effective July 
1, 1986.
    (B) Oklahoma Air Pollution Control Regulation (OAPCR) 3.7 ``Control 
of Emissions of Organic Materials'' Sec. 3.7.5-4(f), Sec. 3.7.5-
4(f)(1)(A), Sec. 3.7.5-4(f)(1)(B)(vi), Sec. 3.7.5-4(f)(1)(B)(vii), 
Sec. 3.7.5-4(f)(2)(B), Sec. 3.7.5-4(f)(3)(A)(iv), Sec. 3.7.5-
4(f)(3)(B), Sec. 3.7.5-4(f)(4), Sec. 3.7.5-4(f)(4)(A), Sec. 3.7.5-
4(f)(4)(A)(i), Sec. 3.7.5-4(f)(4)(A)(ii), Sec. 3.7.5-4(f)(4)(A)(iii), 
Sec. 3.7.5-4(f)(5), and Sec. 3.7.5-4(f)(5)(A) as amended by the 
Oklahoma State Board of Health on January 29, 1987, and effective 
January 29, 1987.
    (C) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR) 
3.7 ``Control of Emissions of Organic Materials'' Sec. 3.7.5-1(a), 
Sec. 3.7.5-2(a)(2)(A), Sec. 3.7.5-4(b), Sec. 3.7.5-4(e)(2)(A), Sec. 
3.7.5-4(f)(1)(A), Sec. 3.7.5-4(f)(2)(A), Sec. 3.7.5-4(f)(2)(B), and 
Sec. 3.7.5-4(i) as amended by the Oklahoma State Board of Health on 
March 23, 1989, and effective June 11, 1990.
    (D) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR) 
3.7 ``Control of Emissions of Organic Materials'' Sec. 3.7.1(b)(10), 
Sec. 3.7.1(b)(11), Sec. 3.7.1(b)(12), Sec. 3.7.1(b)(13), Sec. 
3.7.1(b)(14), Sec. 3.7.5-2(a)(1)(B)(i), Sec. 3.7.5-2(a)(2), Sec. 
3.7.5-2(a)(3)(A)(iv), Sec. 3.7.5-2(a)(3)(A)(v), Sec. 3.7.5-
2(a)(4)(A)(ii), Sec. 3.7.5-2(a)(5)(A), Sec. 3.7.5-2(a)(6)(A)(i), Sec. 
3.7.5-2(a)(6)(A)(iii), Sec. 3.7.5-2(a)(6)(B), Sec. 3.7.5-
2(a)(8)(A)(i), Sec. 3.7.5-2(a)(9), Sec. 3.7.5-2(b)(1), Sec. 3.7.5-
2(b)(2), Sec. 3.7.5-2(b)(2)(A)(i), Sec. 3.7.5-2(c)(1), Sec. 3.7.5-
2(c)(1)(A), Sec. 3.7.5-2(c)(1)(B), Sec. 3.7.5-2(c)(2), Sec. 3.7.5-
2(c)(3), Sec. 3.7.5-2(c)(4), Sec. 3.7.5-3(a)(2)(B), Sec. 3.7.5-
3(a)(3)(B)(i), Sec. 3.7.5-4(b)(1)(A)(i), Sec. 3.7.5-4(b)(1)(A)(ii), 
Sec. 3.7.5-4(b)(1)(A)(iii), Sec. 3.7.5-4(b)(3)(F), Sec. 3.7.5-
4(c)(1)(A), Sec. 3.7.5-4(c)(1)(A)(ii), Sec. 3.7.5-4(c)(1)(D), Sec. 
3.7.5-4(c)(1)(E), Sec. 3.7.5-4(c)(2)(A)(i), Sec. 3.7.5-4(c)(2)(A)(ii), 
Sec. 3.7.5-4(c)(2)(A)(iii), Sec. 3.7.5-4(c)(2)(A)(iii)(a), Sec. 
3.7.5-4(c)(2)(A)(iii)(d), Sec. 3.7.5-4(c)(2)(C), Sec. 3.7.5-4(c)(3), 
Sec. 3.7.5-4(c)(3)(A), Sec. 3.7.5-4(c)(3)(A)(i), Sec. 3.7.5-4(c)(3) 
(B) through (C) added, Sec. 3.7.5-4(c)(4), Sec. 3.7.(d)(5)(A), Sec. 
3.7.5-4(f)(1)(A), new Sec. 3.7.5-4(g), Sec. 3.7.5-4(i)(1)(B), Sec. 
3.7.5-4(i)(1)(B)(iii), Sec. 3.7.5-4(i)(1)(B)(iv), Sec. 3.7.5-
4(i)(1)(D), Sec. 3.7.5-4(i)(1)(E), and Sec. 3.7.5-4(i)(2)(G), as 
amended/adopted by the Oklahoma State Board of Health on October 11, 
1989, and effective May 25, 1990.
    (E) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR) 
3.7 ``Control of Emissions of Organic Materials'' Sec. 3.7.5-
2(a)(1)(A), Sec. 3.7.5-2(a)(1)(B), Sec. 3.7.5-2(a)(1)(B)(i), Sec. 
3.7.5-2(a)(1)(B)(vii), Sec. 3.7.5-2(a)(6)(A)(i), Sec. 3.7.5-
2(c)(3)(B), Sec. 3.7.5-2(c)(4), Sec. 3.7.5-4(g)(6), Sec. 3.7.5-
4(g)(11), Sec. 3.7.5-4(i)(1)(D), Sec. 3.7.5-4(i)(1)(E), Sec. 3.7.5-
4(i)(1)(F), Sec. 3.7.5-4(i)(1)(G), and new Sec. 3.7.5-4(j) as amended/ 
adopted by the Oklahoma State Board of Health on February 8, 1990, and 
effective May 25, 1990.
    (F) Oklahoma Official Motor Vehicle Inspection Rules and Regulations 
Manual adopted December 5, 1985, and effective January 1, 1986.
    (G) 47 O.S. SUPP. 856.1 et seq. adopted May 24, 1984, and effective 
May 24, 1984.
    (H) OP. Oklahoma Attorney General number 84-174 (December 12, 1984).
    (I) February 20, 1985, plan commitments for Tulsa County, including 
transportation control measures, page 8, and Reasonable Further Progress 
schedules and reporting commitments, pages 10 and 11, dated June 3, 
1986.
    (J) Title 37, chapter 4, section 167, Tulsa City Ordinance number 
16466 as approved and effective October 15, 1985, by the City of Tulsa.
    (K) An October 17, 1989, commitment letter, to develop and 
incorporate test

[[Page 552]]

methods into OAPCR 3.7 for determining the capture efficiency of control 
devices associated with coating operations.
    (L) A January 16, 1990, commitment letter stating that the DPS will 
annually conduct unannounced visits to 10 percent of the Tulsa 
inspection stations.
    (M) A September 28, 1990, Memorandum of Understanding.
    (N) An October 12, 1990, letter to report semiannually to EPA, 
information relating to the effectiveness and enforcement of the I/M 
program.
    (ii) Additional material.
    (A) February 20, 1985, narrative plan revision designed to achieve 
the ozone standard in Tulsa County, including control strategy, modeling 
analysis, transportation control plan and measures, I/M program 
description, and negative declarations.
    (B) A written interpretation by the DPS dated June 26, 1987, of the 
term ``proper replacement'' in Sec. 856.1(C) of the Oklahoma statutes 
to mean ``original equipment manufacturer (OEM) or equivalent''.
    (40) On October 17, 1985, the Governor of Oklahoma submitted a SIP 
revision designed to achieve the carbon monoxide standard in Oklahoma 
County. Supplemental information was submitted on January 29, 1986, 
November 7, 1986, October 12, 1990, and October 15, 1990. The anti-
tampering regulation was submitted to EPA by the Governor on October 8, 
1985.
    (i) Incorporation by reference.
    (A) Oklahoma Official Motor Vehicle Inspection Rules and Regulations 
Manual adopted December 5, 1985, and effective January 1, 1986.
    (B) 47 O.S. SUPP. Section 856.1 et seq. adopted May 24, 1984, and 
effective May 24, 1984.
    (C) OP. Oklahoma Attorney General number 84-174 (December 12, 1984).
    (D) October 17, 1985, plan reporting commitments for Oklahoma County 
Reasonable Further Progress schedule, page 6.
    (E) The City of Oklahoma City Ordinance No. 12,575, as passed by the 
Council of the City of Oklahoma City on March 31, 1970, and approved by 
the Mayor on March 31, 1970.
    (ii) Additional material.
    (A) A February 7, 1991, commitment letter stating that the DPS will 
annually conduct unannounced visits at 10 percent of the Oklahoma County 
inspection stations.
    (B) An October 12, 1990, letter committing to report semiannually to 
EPA, information relating to the effectiveness and enforcement of the I/
M program.
    (41) On November 14, 1990, the Governor submitted revisions to 
Oklahoma Air Pollution Control Regulation (Regulation) 1.1 ``Defining 
Terms Used in Oklahoma Air Pollution Control Regulations'', Regulation 
1.2 ``Oklahoma Air Quality Standards and Increments'', and Regulation 
1.4 ``Permits''. These regulations were adopted by the Oklahoma Air 
Quality Council on April 3, 1990, and by the Oklahoma Board of Health on 
April 12, 1990. These regulations became effective when they were signed 
by the Governor as emergency rules on June 4, 1990.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Air Pollution Control Regulation 1.1, 
Regulation 1.2, and Regulation 1.4, as adopted by the Oklahoma Air 
Quality Council on April 3, 1990, by the Oklahoma Board of Health on 
April 12, 1990, and became effective on June 4, 1990: Oklahoma Air 
Pollution Control Regulations 1.1(b)(13), 1.1(b)(14), 1.1(b)(15), 
1.1(b)(16), 1.1(b)(82)(D), 1.2--Table 1.2(2), 1.4.1(a)(1), 
1.4.1(b)(3)(B), 1.4.1(b)(3)(C), 1.4.2(a)(2)(ii), 1.4.2(c), 1.4.2(h)(2), 
1.4.4(b)(3)(D), 1.4.4(b)(13), 1.4.4(b)(14), 1.4.4(b)(15) and 
1.4.4(d)(12), 1.4.4(d)(13)(C).
    (ii) Additional material.
    (A) April 23, 1991, letter from Mr. John Drake, Chief, Air Quality 
Service, Oklahoma State Department of Health, to Mr. A. Stanley Meiburg, 
Director, Air, Pesticides & Toxics Division, EPA, Region 6.
    (42) On November 7, 1989, the Governor of Oklahoma submitted a 
revision to the SIP consisting of a construction permit, number 88-116-
C, for a cogeneration unit and an operating permit, number 88-117-O, for 
a sulfur recovery unit. The revision involves a sulfur dioxide emissions 
trade for the Conoco, Incorporated, Ponca City Refinery.
    (i) Incorporation by reference. (A) Permit number 88-116-C, as 
adopted by the

[[Page 553]]

Oklahoma State Department of Health (OSDH) on May 23, 1989.
    (B) Permit number 88-117-O, as adopted by the Oklahoma State 
Department of Health (OSDH) on June 22, 1990.
    (ii) Additional material. (A) The document issued by Conoco Ponca 
City Refinery, titled, ``Level II Modeling Analysis in Support of 
Alternate Emissions Reduction Permit for Sulfur Recovery Plant'' dated 
April 1990.
    (B) The document issued by Conoco Ponca City Refinery, titled, 
``Level III Remodeling for an SO2 Bubble Trade'' dated June 
3, 1991 (revised July 8, 1991).
    (43) A revision to the Oklahoma SIP to include revisions to Oklahoma 
Title 310, Chapter 200, Subchapter 31, entitled Control of Emissions of 
Sulfur Compounds.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Title 310, Chapter 200, Subchapter 31, 
entitled Control of Emissions of Sulfur Compounds, Part 1. ``General 
Provisions,'' Section 310:200-31-2, ``Definitions;'' Section 310:200-31-
3, ``Performance testing;'' Part 3. ``Existing Equipment Standards,'' 
Section 310:200-31-12, ``Sulfur oxides;'' Section 310:200-31-13, 
``Sulfuric acid mist;'' Section 310:200-31-14, ``Hydrogen sulfide;'' 
Section 310:200-31-15, ``Total reduced sulfur;'' Part 5. ``New Equipment 
Standards,'' Section 310:200-31-25, ``Sulfur oxides;'' and Section 
310:200-31-26, ``Hydrogen sulfide,'' as adopted by the Oklahoma State 
Board of Health on March 24, 1993, and effective June 1, 1993.
    (44) A revision to the Oklahoma SIP to include Oklahoma 
Administrative Code, Chapter 310:200, Subchapter 23, entitled, ``Control 
of Emissions From Cotton Gins,'' submitted by the Governor on May 16, 
1994.
    (i) Incorporation by reference.
    (A) Addition of Oklahoma Administrative Code, Chapter 310:200, 
Subchapter 23, entitled, ``Control of Emissions From Cotton Gins,'' as 
adopted by the Oklahoma Air Quality Council on April 30, 1992, and 
effective June 1, 1993.
    (ii) Additional material--None.
    (45) The State is required to implement a Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program as 
specified in the plan revision submitted by the Governor on November 19, 
1992. This plan submittal, as adopted by the Oklahoma Air Quality 
Council on October 13, 1992, was developed in accordance with section 
507 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Enrolled House Bill No. 2251 (Oklahoma Clean Air Act of 1992), 
signed into law by the Governor on May 15, 1992, and effective upon 
signature. Included in this Act are provisions establishing a small 
business stationary source compliance assistance program; creating the 
State Ombudsman Office for small business; establishing Ombudsman 
duties; creating a Compliance Advisory Panel; establishing membership of 
Panel; and establishing Panel duties.
    (B) Enrolled House Bill No. 2227 (Oklahoma Environmental Quality 
Act), signed into law by the Governor on June 12, 1992, and effective 
upon signature, authorizing the creation of the Oklahoma Department of 
Environmental Quality (ODEQ).
    (ii) Additional material.
    (A) Revision entitled, ``The Oklahoma Small Business Stationary 
Source Assistance Program, Chapter 11 of the State Implementation Plan, 
October 13, 1992.''
    (46) A revision to the Oklahoma SIP to include revisions to Oklahoma 
Department of Public Safety regulation Title 595, Chapter 20, Subchapter 
3--Emission and Mechanical Inspection of Vehicles, Subchapter 7--
Inspection Stickers and Monthly Tab Inserts for Windshield and Trailer/
Motorcycle, Subchapter 9--Class AE Inspection Station, Vehicle Emission 
Anti-tampering Inspection and Subchapter 11--Annual Motor Vehicle 
Inspection and Emission Anti-Tampering Inspection Records and Reports, 
adopted by the State on April 6, 1994, effective May 26, 1994 and 
submitted by the Governor on May 16, 1994.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Department of Public Safety regulation 
Title 595, Chapter 20: 3-1(2); 3-3; 3-5; 3-6; 3-12; 3-25; 3-26; 3-27; 3-
41(o); 3-42; 3-46(a) and (b); 3-61(a),(b),(e) and (f); 3-63(b) and (g); 
7-1(c) and (f); 7-2(a); 7-3; 7-4(a); 7-5(a); 7-6(a); 7-7(a); 9-1(a); 9-
3(l) and (m);

[[Page 554]]

9-7; 9-10(a),(b) and (c); 9-11(a); 9-12(a); 9-13(a); 9-14(a) and (b); 9-
15(a); 11-1; 11-2(a); 11-3(a); 11-4 effective May 26, 1994.
    (ii) Additional material.
    (A) State SIP revision entitled, ``Oklahoma Vehicle Anti-Tampering 
Program SIP Revision,'' which includes a completeness determination, SIP 
narrative, hearing records and other documentation relevant to the 
development of this SIP.
    (47) A revision to the Oklahoma SIP to include revisions to Oklahoma 
Air Pollution Control Regulation 3.7--Control of Emissions of Organic 
Materials, adopted by the State on October 2, 1990, effective May 11, 
1991 and submitted by the Governor on May 16, 1994.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Air Pollution Control Regulations 3.7, 
Sections 3.7.5-4(g)(7)(A)(i)(b), 3.7.5-4(g)(9)(A), 3.7.5-4(i)(3)(B)(1), 
and 3.7.5-4(i)(3)(B)(3) effective May 11, 1991.
    (ii) Additional material.
    (A) State SIP revision entitled, ``Oklahoma Alternative Standards 
SIP Revision,'' which includes a completeness determination, SIP 
narrative, hearing records and other documentation relevant to the 
development of this SIP.
    (48) Revisions to Oklahoma Department of Environmental Quality 
(ODEQ) regulations in the Oklahoma SIP adopted by the Oklahoma 
Legislature on March 30, 1994, effective May 26, 1994, and submitted by 
the Governor on May 16, 1994.
    (i) Incorporation by reference.
    (A) Oklahoma Register, May 16, 1994, pages 2031 and 2032, approving 
the transfer of the Oklahoma Air Quality Control Rules into Title 252, 
Chapter 100, of the Oklahoma Administrative Code.
    (B) Oklahoma Administrative Code, Title 252, Chapter 100 
(OAC:252:100), Oklahoma Air Quality Control Rules, adopted by the 
Oklahoma Legislature on March 30, 1994, effective May 26, 1994.
    (1) Subchapter 1, General Provisions.
    (2) Subchapter 3, Air Quality Standards and Increments.
    (3) Subchapter 5, Registration of Air Contaminant Sources.
    (4) Subchapter 9, Excess Emissions and Reporting Requirements.
    (5) Subchapter 13, Prohibition of Open Burning.
    (6) Subchapter 15, Motor Vehicle Pollution Control Devices.
    (7) Subchapter 17, Incinerators.
    (8) Subchapter 19, Particulate Matter Emissions from Fuel-Burning 
Equipment.
    (9) Subchapter 23, Control of Emissions from Cotton Gins.
    (10) Subchapter 25, Smoke, Visible Emissions and Particulates.
    (11) Subchapter 27, Particulate Matter Emissions from Industrial and 
Other Processes and Operations.
    (12) Subchapter 29, Control of Fugitive Dust.
    (13) Subchapter 31, Control of Emission of Sulfur Compounds.
    (14) Subchapter 33, Control of Emission of Nitrogen Oxides.
    (15) Subchapter 35, Control of Emission of Carbon Monoxide.
    (16) Subchapter 37, Control of Emissions of Organic Materials.
    (17) Subchapter 39, Control of Emission of Organic Materials in 
Nonattainment Areas
    (18) Subchapter 43, Sampling and Testing Methods.
    (19) Subchapter 45, Monitoring of Emissions.
    (20) Appendix A, Allowable Emissions for Incinerators with 
Capacities in Excess of 100 lbs/hr.
    (21) Appendix B, Allowable Emissions for Incinerators with 
Capacities Less Than 100 lbs/hr.
    (22) Appendix C, Particulate Matter Emission Limits for Fuel-Burning 
Equipment.
    (23) Appendix E, Primary Ambient Air Quality Standards.
    (24) Appendix F, Secondary Ambient Air Quality Standards.
    (25) Appendix G, Allowable Rate of Emissions.
    (ii) The following previously approved ODEQ regulations remain in 
the Oklahoma SIP:
    (A) Regulation 1.4, ``Air Resources Management Permits Required,'' 
as approved by EPA on: August 25, 1983 (48 FR 38636), at 52.1920(c)(26); 
April 2, 1984 (49 FR 13039), at 52.1920(c)(29); July 27, 1984 (49 FR 
30185), at 52.1920(c)(31); August 20, 1990 (55 FR 33907), at 
52.1920(c)(34); February 12, 1991 (56 FR

[[Page 555]]

5655), at 52.1920(c)(38); and July 23, 1991 (56 FR 33717), at 
52.1920(c)(41).
    (B) Regulation 3.8, ``Control of Emission of Hazardous Air 
Contaminants,'' approved by EPA on August 15, 1983 (48 FR 36819), at 
52.1920(c)(27).
    (iii) Additional materials--None.
    (49) Oklahoma visibility protection plan submitted by the Governor 
of Oklahoma on June 18, 1990.
    (i) Incorporation by reference. Oklahoma Air Pollution Control 
Regulations, Sections 1.4.4(f)(2), 1.4.4(f)(7), 1.4.4(f)(11), and 
1.4.4(g), as amended by the Oklahoma State Department of Health on July 
9, 1987, effective August 10, 1987.
    (ii) Additional information``Oklahoma Visibility Protection Plan,'' 
submitted by the Governor of Oklahoma on June 18, 1990.

[37 FR 10887, May 31, 1972. Redesignated and amended at 65 FR 47328, 
Aug. 2, 2000]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1960, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



                            Subpart MM_Oregon



Sec. 52.1970  Identification of plan.

    (a) Title of plan: ``State of Oregon Clean Air Act Implementation 
Plan.''
    (b) The plan was officially submitted on January 25, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Amendments to the implementation plan including ORS chapters 
449, 192, and 340 submitted on May 3, 1972, by the Governor.
    (2) Transportation control strategy for oxidants and carbon monoxide 
in the Oregon portion of the Portland Interstate Region submitted on 
October 26, 1972, by the Governor.
    (3) Compliance schedules submitted on February 9, 1973, by the 
Department of Environmental Quality.
    (4) Revision to the transportation control plan submitted on April 
13, 1973, by the Governor.
    (5) Compliance schedules submitted on May 30, 1973, by the 
Department of Environmental Quality.
    (6) Compliance schedules submitted on June 8, 1973, by the 
Department of Environmental Quality.
    (7) Compliance schedules submitted on June 22, 1973, by the 
Department of Environmental Quality.
    (8) Compliance schedules submitted on June 25, 1973, by the 
Department of Environmental Quality.
    (9) Compliance schedules submitted on July 31, 1973, by the 
Department of Environmental Quality.
    (10) Compliance schedules submitted on August 3, 1973, by the 
Department of Environmental Quality.
    (11) Request for an extension to May 31, 1976, of the attainment 
date for carbon monoxide and photochemical oxidants and miscellaneous 
additions (Nonregulatory) to the transportation control plan submitted 
on September 21, 1973, by the Governor.
    (12) Miscellaneous additions (Nonregulatory) to the transportation 
control plan submitted on August 20, 1973, by the Department of 
Environmental Quality.
    (13) Plan for maintenance of the national standards submitted on 
August 27, 1973, by the Department of Environmental Quality.
    (14) Revision to Oregon Administrative Rules (OAR) Chapter 340, 
sections 25-105 through 25-130,--Hot Mix Asphalt Plans and sections 25-
155 through 25-195 Kraft Pulp Mills submitted on February 8, 1973, by 
the Department of Environmental Quality.
    (15) Change to regulations for the Lane Regional Air Pollution 
Authority submitted on February 13, 1973, by the Department of 
Environmental Quality.
    (16) Special air pollution control rules for Clackamas, Columbia, 
Multnomah and Washington Counties and certification of the dissolution 
of regulations for the Columbia-Willamette Air Pollution Authority 
submitted on January 17, 1974, by the Department of Environmental 
Quality.
    (17) Revision to Oregon Administrative Rules (OAR) Chapter 340, 
sections 12-030 through 12-055 Civil Penalties submitted on February 19, 
1975, by the Department of Environmental Quality.
    (18) Oregon Revised Statute 468.095 for public availability of 
emission data submitted on August 1, 1975, by the Department of 
Environmental Quality.
    (19) Indirect Source Regulation (OAR, Chapter 340 sections 20-100 
through 20-135) submitted on July 24,

[[Page 556]]

1975, by the Department of Environmental Quality.
    (20) Indirect Source Regulation (Title 20--Indirect Sources), of the 
Lane Regional Air Pollution Authority Rules and Regulations, submitted 
November 18, 1975 by the Department of Environmental Quality.
    (21) Air Contaminant Discharge Permits (Oregon Administrative Rules 
340-20-140 through 340-20-185) submitted February 17, 1976.
    (22) Lane Regional Air Pollution Authority Regulation, Title 22--
Permits, submitted June 7, 1976.
    (23) Oregon Revised Statutes sections 468.450 through 468.485 
submitted on August 1, 1975, by the Department of Environmental Quality.
    (24) Oregon Administrative Rules (OAR) Chapter 340, sections 26-005 
through 26-025, submitted on February 17, 1976, by the Department of 
Environmental Quality.
    (25) Request for an extension to May 31, 1978, of the attainment 
date for particulate matter national secondary ambient air quality 
standards in the Eugene/Springfield Air Quality Maintenance Area.
    (26) Revision to the field burning regulations submitted on June 28, 
1979; September 13, 1979, October 10, 1979; and March 11, 1980, by the 
Department of Environmental Quality.
    (27) On June 20 and 29, 1979, the Governor submitted: (i) Carbon 
monoxide (CO) and ozone (O3) attainment plans for the Oregon 
portion of the Portland-Vancouver AQMA, Salem, and Medford-Ashland AQMA, 
and (ii) a carbon monoxide (CO) attainment plan for the Eugene-
Springfield AQMA.
    (28) On June 20, 1979, the Governor requested an extension beyond 
1982 for the attainment of carbon monoxide (CO) in Portland, Eugene-
Springfield and Medford.
    (29) On June 29, 1979, the Governor requested an extension beyond 
1982 for the attainment of ozone (O3) in Portland.
    (30) On February 14, 1980, the State Department of Environmental 
Quality submitted its official response to EPA's proposed SIP actions 
which were published in the Federal Register on January 21, 1980 (45 FR 
3929).
    (31) On May 6, 1980, the State Department of Environmental Quality 
submitted recodified portions of Oregon Revised Statutes (ORS) 449 which 
authorize Oregon's automobile inspection/maintenance program. This 
submittal, requested by EPA, included chapters ORS 468.360 through 
468.420, 481.190, 481.200, 483.800, 483.820, and 483.825.
    (32) Revisions to the program for controlling the open burning of 
grass seed fields submitted on April 22, 1980, by the Department of 
Environmental Quality.
    (33) Oregon Administrative Rules (OAR) Chapter 340, sections 24-300 
through 24-350 for the vehicle inspection and maintenance program, 
submitted on July 26, 1980, by the Oregon Department of Environmental 
Quality.
    (34) On December 27, 1979, the State of Oregon Department of 
Environmental Quality submitted a plan revision to meet the requirements 
of Air Quality Monitoring 40 CFR part 58, subpart C Sec. 58.20.
    (35) On December 31, 1980, the State Department of Environmental 
Quality submitted an Oregon Air Containment Discharge Permit No. 36-6041 
Addendum No. 1 issued to Spaulding Pulp and Paper Company on December 
11, 1980; Oregon Air Discharge Containment Discharge Permit No. 26-3025, 
issued to Industrial Laundry Dry Cleaners, Inc., on December 1980 and 
Oregon Environmental Quality Commission Stipulation and Consent Final 
Order concerning Vanply, Inc., dated December 30, 1980.
    (36) On September 8, October 16, December 5, December 19, 1980, May 
29, 1981 and September 9, 1981, DEQ submitted revisions to the SIP 
designed to satisfy the conditions of approval published by EPA on June 
24, 1980 (45 FR 42265).
    (37) Specific air pollution control rules for the Medford AQMA (OAR 
340-30-005 through 340-30-070) submitted by the Department of 
Environmental Quality on May 26, 1978, and revisions submitted by the 
Department of Environmental Quality on February 14, 1980 (OAR-340-010 
and 340-30-020), October 29, 1980 (OAR 340-30-016, 340-30-035 and 340-
30-045), May 22, 1981 (OAR 340-30-

[[Page 557]]

010, 340-30-030 and 340-30-045) and September 9, 1981 (OAR 340-30-060).
    (38) Revisions to the Lane Regional Air Pollution Authority rules 
submitted by the Department of Environmental Quality on March 14, 1977 
(Title 22, Sections 010 and 020 and Table A), June 29, 1979 (Title 11, 
Section 015; Title 12, Sections 005 and 010; Title 13; Title 20, 
Sections 110, 115, 120, 125, 129 and 130; Title 21, Sections 010 and 
030; Title 32, Sections 005 and 010; Title 33, Sections 005, 010, 015 
and 065; Title 36; Title 42; Title 43; Title 44; and Title 45), November 
6, 1979 (Title 22,Section 020 and Table A), and January 30, 1980 (Title 
36).
    (39) Conditions 5 and 6 of the Air Contaminant Discharge Permit for 
the Weyerhaeuser Company plant in Bly, Oregon (Permit Number: 18-0037) 
submitted by the Department of Environmental Quality on March 24, 1981.
    (40) Condition 4, 5, and 6 of the Air Contaminant Discharge Permit 
for the Weyerhaeuser Company plant in North Bend, Oregon (Permit Number: 
06-0007) submitted by the Department of Environmental Quality on March 
27, 1981.
    (41) Revisions to the agricultural open field burning rules (OAR 
340-26-005 through 340-26-030) submitted by the Department of 
Environmental Quality on April 23, 1981, and amended ``Smoke Management 
Program Operational Guidelines'' submitted by the Department of 
Environmental Quality on July 8, 1981.
    (42) Revisions to the rules for sulfite pulp mills (OAR 340-25-350 
through 340-25-390) submitted by the Department of Environmental Quality 
on June 2, 1980.
    (43) Revisions to the Air Quality Schedule of Civil Penalties (OAR 
340-12-050) submitted by the Department of Environmental Quality on 
February 14, 1980.
    (44) Revision to the ambient air quality standard for ozone (OAR 
340-31-030) submitted by the Department of Environmental Quality on June 
20, 1979.
    (45) On March 24, 1981, the State Department of Environmental 
Quality submitted control strategies for the Portland secondary total 
suspended particulates nonattainment area.
    (46) On March 23, 1981, the State Department of Environmental 
Quality submitted control strategies for the Eugene-Springfield 
secondary total suspended particulates nonattainment area.
    (47) On October 16, 1980, the State Department of Environmental 
Quality submitted revisions to the control strategies for the Salem 
ozone nonattainment area.
    (48) On August 17, 1981, the State Department of Environmental 
Quality submitted amendments to the operating rules for the Portland 
motor vehicle inspection program (OAR 340-24-300 through 350).
    (49) On March 11, 1982, the State of Oregon Department of 
Environmental Quality submitted three revisions to the Lane Regional Air 
Pollution Authority rules. They are:
    (i) Title 11 Definitions (Section 015.013, Air Conveying Systems),
    (ii) Title 22 Permits (Section 020, Fees),
    (iii) Title 32 Emission Standards (Section 800, Air Conveying 
System).
    (50) On March 11, 1982, the State of Oregon Department of 
Environmental Quality submitted a revision to their State ambient air 
quality standard for ozone (from 0.08 ppm to 0.12 ppm.
    (51) Amendments to the Air Contaminant Discharge Permit Rules 
submitted by the State Department of Environmental Quality on February 
15, 1977 (OAR 340-20-140 through 185), July 24, 1979 (OAR 340-20-155 
Table A, 165, 175 and 180) and May 22, 1981 (OAR 340-20-155 Table A).
    (52) Prevention of Significant Deterioration Rules (OAR 340-31-100, 
105 subsections (12), (15) and (16), 110, 115, 120 and 130) submitted by 
the State Department of Environmental Quality on June 20, 1979, and 
September 9, 1981.
    (53) New Source Review Rules (OAR 340-20-220 to 275, except Section 
225 subsections 7 and 11), except to the extent that they apply to 
marine vessel emissions, submitted by the State Department of 
Environmental Quality on September 9, 1981, and deletion of Special 
Permit Requirements for Sources Locating In or Near Nonattainment Areas 
(OAR 340-20-190 through 195).
    (54) Plant Site Emission Limit Rules (OAR 340-20-300 through 320) 
submitted by the State Department of Environmental Quality on September 
9, 1981,

[[Page 558]]

and deletion of the Plant Site Emission Limit Rules (OAR 340-20-196 and 
197).
    (55) On July 20, 1982, the State of Oregon Department of 
Environmental Quality submitted: (i) Carbon monoxide (CO) and ozone 
(O3) attainment plans for Portland which build upon those 
plans submitted in June 1979 and (ii) a request to extend the Portland 
CO and O3 attainment dates to December 31, 1985, and December 
31, 1987, respectively.
    (56) On August 9, 1982, the State of Oregon Department of 
Environmental Quality submitted a revision to remove the Mid-Willamette 
Valley Air Pollution Authority Regulations from the Oregon state 
implementation plan.
    (57) Amendments to the rules for primary aluminum plants submitted 
by the Oregon State Department of Environmental Quality on February 21, 
1974 (OAR 340-25-255 to 290), February 14, 1980 (OAR 340-25-265(4)(b) 
and 265(5)) and August 9, 1982 (OAR 340-25-255 to 285).
    (58) Amendments to the rules for equipment burning salt laden wood 
waste from logs stored in salt water (OAR 340-21-020) and removal of 
Conditions 4, 5, and 6 of the Air Contaminant Discharge Permit for the 
Weyerhaeuser Company plant in North Bend, Oregon (Permit Number: 06-
0007) submitted by the Oregon State Department of Environmental Quality 
on October 18, 1982.
    (59) On August 16, 1982, the State of Oregon Department of 
Environmental Quality submitted a revision to OAR 340-24-300 to 24-350 
(Vehicle Inspection Program Rules).
    (60) On January 24, 1983, the State of Oregon Department of 
Environmental Quality submitted a revision to add a lead strategy to the 
Oregon Implementation Plan and revise the State lead ambient air quality 
standard to agree with the Federal standard.
    (61) On December 13, 1982, the State of Oregon Department of 
Environmental Quality submitted two revisions to the Lane Regional Air 
Pollution Authority rules. The revisions are: (1) Title 32, Emission 
Standards (Section 800, Air Conveying Systems)--revision to compliance 
date and (2) Title 33, Prohibited Practices and Control of Special 
Classes (Section 070, Kraft Pulp Mills)--new rules.
    (62) Title 22 ``PERMITS'' of the Lane Regional Air Pollution 
Authority Rules, except to the extent that they apply to marine vessel 
emissions and except the definitions of ``dispersion technique'' and 
``good engineering practice stack height'', and Title 32 ``EMISSION 
STANDARDS'' Sections 32-100 through 32-104 of the Lane Regional 
Authority Rules, submitted by the State Department of Environmental 
Quality on March 2, 1983; clarifying letter dated June 20, 1984.
    (63) On May 6, 1983, the Oregon Department of Environmental Quality 
submitted revisions to its rules as follows:
    (A) Revisions to the ``New Source Review'' rule consisting of an 
amended section OAR 340-20-225, specifically, the deletion of the 
definitions of ``Dispersion Technique'' (OAR 340-20-225(7)) and ``Good 
Engineering Practice Stack Height'' (OAR 340-20-225(11)), the 
renumbering of OAR 340-20-225, the revision of the definition of 
``Nonattainment Area'' (OAR 340-20-225(14)), and changes to numerous 
references to coincide with the new numbering; the deletion of 
subsection OAR 340-20-240(7) ``Growth Increments'' and the addition of a 
new section OAR 340-20-241 ``Growth Increments;'' an amended section OAR 
340-20-245, specifically, revised subsections OAR 340-20-245(2)(c) and 
OAR 340-20-245(4), and changes to numerous references to coincide with 
the new numbering of the definitions in OAR 340-20-225; and amendment to 
subsection )AR 340-20-260(2); a revised reference in OAR 340-20-265(6) 
to coincide with the new numbering of a definition; and the deletion of 
section OAR 340-20-275 ``Stack Heights''.
    (B) The addition of a new ``Stack Heights and Dispersion 
Techniques'' rule (OAR 340-20-340 and 345);
    (C) Revisions to the ``Portable Hot Mix Asphalt Plants'' rule (OAR 
340-25-120; and
    (D) The deletion of OAR 340-22-108 ``Applicability of Alternative 
Control Systems.''
    (64) Amendments to the fees in the ``Air Contaminant Discharge 
Permit'' rule (OAR 340-20-155 Table 1 and OAR 340-20-165) submitted by 
the Oregon Department of Environmental Quality on June 3, 1983.

[[Page 559]]

    (65) On October 26, 1983, and December 14, 1983, the State of Oregon 
Department of Environmental Quality submitted four separate revisions to 
their plan. On October 26, 1983, the State submitted a revised air 
emergency episode plan (OAR 340-27-005 through 340-27-030 (effective 
October 7, 1983), revisions to gasoline marketing rules for the Medford-
Ashland ozone nonattainment area (OAR 340-22-110(1)(a), effective 
October 7, 1983, and a revised ozone ambient air quality standard for 
the Lane Regional Air Pollution Authority (Section 31-035 Ozone, 
effective July 12, 1983). On December 14, 1983, the State submitted 
revisions to the automobile inspection and maintenance program for 
Portland (OAR 340-24-306 through 340-24-350, effective November 18, 
1983). EPA is also approving OAR 340-27-035 which requires an 
``operation and maintenance manual'' for administering the provisions of 
the Emergency Episode Plan (effective October 7, 1983).
    (66) On October 20, 1982, the State of Oregon Department of 
Environmental Quality submitted a revision to the Medford, Oregon, 
Carbon Monoxide Attainment Plan which is contained in the Oregon State 
Implementation Plan. This plan builds upon the plan submitted in June 
1979.
    (67) On April 25, 1983, the State Department of Environmental 
Quality submitted Section 4.10, ``Medford-Ashland Air Quality 
Maintenance Area State Implementation Plan for Particulate Matter.''
    (68) Amendments to the Open Burning Rules (OAR 340-23-022 through 
115), submitted by the State Department of Environmental Quality on June 
5, 1984.
    (69) Amendments to the Refuse Burning Equipment Limitations rules, 
specifically OAR 340-21-005 (1) and (4), OAR 340-21-025(2)(b), and OAR 
340-21-027, were submitted by the State Department of Environmental 
Quality on January 16, 1984; and amendments to the Open Field Burning 
rules, specifically, the addition of new sections 340-21-001, 340-26-
003, 340-26-031, 340-26-035, 340-26-040 and 340-21-045, revisions to 
sections 340-26-005, 340-26-013, 340-26-015, 340-26-010 and replacing it 
with a new section 340-26-010, the deletion of the existing section 340-
26-011 and 340-26-020, were submitted by the State Department of 
Environmental Quality on March 14, 1984.
    (70) On December 10, 1984, the Oregon Department of Environmental 
Quality submitted revisions to its Civil Penalty Rules (OAR 340-12) 
which deleted Sections 005 through 025 and 052 through 068; amended 
Sections 030, 040 and 050; and added Sections 070 and 075. Sections 035 
and 045 were retained.
    (71) Revisions to the Oregon State Implementation Plan were 
submitted by the Director on July 26, 1984, and August 7, 1984. 
Revisions are woodstove certification program rules (OAR 340-21-100 to 
340-21-190), Oregon Revised Statutes 468.630 to 468.655 and amendment to 
field burning introduction (OAR 340-26-001) and repeal the field burning 
rules relating to tax credits (OAR 340-26-030).
    (i) Incorporation by reference:
    (A) Woodstove certification program rules (OAR 340-21-100 to 340-21-
190) as published in the Oregon Administrative Rules, November 1984.
    (B) The Oregon Revised Statutes 468.630 to 468.655 as signed by the 
Governor on July 5, 1984.
    (C) Amendment to the field burning rule introduction (OAR 340-60-
001) as adopted by the Oregon Environmental Commission on June 29, 1984.
    (72) Revisions to the Oregon SIP were submitted by the Director on 
May 6, 1985. Revisions are: Definitions to the Vehicle Inspection 
Operating Rules (OAR 340-24-305 (20) and (22)) and the Light Duty Motor 
Vehicle Emission Control Test Method (OAR 340-24-310 through 350 as 
amended).
    (i) Incorporation by reference.
    (A) Amendments to OAR (340-24-305 (20) and (22)) as adopted by the 
Environmental Quality Commission on November 2, 1984.
    (B) Amendments to OAR 340-24-310 through 350 as amended as adopted 
by the Environmental Quality Commission on April 19, 1985.
    (73) Amendments to the Lane Regional Air Pollution Authority Rules 
for Air Conveying Systems (Title 32, section 800) were submitted by the 
State Department of Environmental Quality on May 6, 1985.
    (i) Incorporation by reference.

[[Page 560]]

    (A) Letter of May 6, 1985, to EPA from the Oregon Department of 
Environmental Quality, and Amendments to Title 32, section 800 of the 
Lane Regional Air Pollution Authority (LRAPA) as part of the Oregon 
State Implementation Plan. Revisions were approved at the LRAPA Board of 
Directors meeting on January 8, 1985, and approved by the Environmental 
Quality Commission on April 19, 1985.
    (74) On September 25, 1984, the State of Oregon Department of 
Environmental Quality submitted an amendment to OAR 340-20-047, 
specifically Section 5.2 ``VISIBILITY PROTECTION PLAN FOR CLASS I 
AREAS.'' On September 25, 1984, October 22, 1985, and March 19, 1986, 
the State of Oregon Department of Environmental Quality submitted 
amendments to the ``New Source Review'' rules, specifically, amendments 
to OAR 340-20-225, OAR 340-20-230(1)(e) and (f), OAR 340-20-245(5), and 
OAR 340-20-245(7) (submitted on 9/25/84), amendments to OAR 340-20-
245(3) (submitted on 9/25/84 and 10/22/85), OAR 340-20-276 (submitted on 
9/25/84), and amendments to OAR 340-20-276(1) (submitted on 10/22/85 and 
3/19/86).
    (i) Incorporation by reference.
    (A) Letter of September 25, 1984, from the Oregon State Department 
of Environmental Quality to EPA Region 10. Revisions to the Oregon 
Administrative Rules, Chapter 340, Division 20, adopted by the 
Environmental Quality Commission on September 14, 1984, as follows:
    (1) OAR 340-20-047, Section 5.2 ``VISIBILITY PROTECTION PLAN FOR 
CLASS I AREAS,'' except for ``Reserved'' subsections 5.2.5 ``Best 
Available Retrofit Technology,'' 5.2.6 ``Integral Vistas,'' and 5.2.7 
``Control Strategies;''
    (2) OAR 340-20-225 ``Definitions'' as amended;
    (3) OAR 340-20-230 ``Procedural Requirements,'' subsection (1) 
``Information Required,'' paragraphs (e) and (f) as amended;
    (4) OAR 340-20-245 ``Requirements for Sources in Attainment or 
Unclassified Areas (Prevention of Significant Deterioration),'' 
subsection (5) ``Air Quality Monitoring,'' paragraph (a) as amended;
    (5) OAR 340-20-245 ``Requirements for Sources in Attainment or 
Unclassified Areas (Prevention of Significant Deterioration),'' 
subsection (7) ``Sources Impacting Class I areas'' as amended.
    (B) Letter of October 22, 1985, from the Oregon State Department of 
Environmental Quality to EPA Region 10. Revisions to the Oregon 
Administrative Rules, Chapter 340, Division 20, adopted by the 
Environmental Quality Commission on September 27, 1985, as follows:
    (1) OAR 340-20-245 ``Requirements for Sources in Attainment or 
Unclassified Areas (Prevention of Significant Deterioration),'' 
subsection (3) ``Exemption for Sources Not Significantly Impacting 
Designated Nonattainment Areas,'' paragraph (a) as amended.
    (C) Letter of March 19, 1986, from the Oregon State Department of 
Environmental Quality to EPA Region 10. Revisions to the Oregon 
Administrative Rules, Chapter 340, Division 20, adopted by the 
Environmental Quality Commission on November 22, 1985, as follows:
    (1) OAR-340-20-276 ``Visibility Impact'' as amended.
    (75) A revision to the Oregon State Implementation Plan was 
submitted by the Director of Department of Environmental Quality (DEQ) 
on October 9, 1985, and supplemented with technical appendices on 
February 13, 1986. This revision adds a mandatory vehicle Inspection and 
Maintenance (I/M) program to the existing Medford Carbon Monoxide plan, 
modifies the Oregon I/M regulations for underhood inspections by 
eliminating tampering checks of 1974 and older model vehicles and 
removes the existing section 110(a)(2)(I) construction moratorium.
    (i) Incorporation by reference.
    (A) A letter dated October 9, 1985, from Department of Environmental 
Quality to EPA Region 10.
    (B) A letter dated February 13, 1986, from Department of 
Environmental Quality to EPA Region 10.
    (C) OAR 340-24-301 (Boundary Designations), OAR 340-24-320 (Light 
Duty Motor Vehicle Emission Control Test Criteria), and OAR 340-24-325 
(Heavy Duty Motor Vehicle Emission Control Test Criteria), which were 
adopted by the Environmental Quality Commission on September 27, 1985.

[[Page 561]]

    (D) October 20, 1982 letter to EPA from the Department of 
Environmental Quality and section 4.9.3.2 (Emission Reduction Necessary 
for Attainment) of the Control Strategy for Medford-Ashland Air Quality 
Maintenance Area 1982 State Implementation Plan Revision for Carbon 
Monoxide as adopted by the Environmental Quality Commission on October 
15, 1982.
    (E) Section 4.9.5.1 (Reasonable Further Progress) of the Control 
Strategy for Medford-Ashland Air Quality Maintenance Area 1982 State 
Implementation Plan Revision for Carbon Monoxide as adopted by the 
Environmental Quality Commission on October 15, 1982.
    (F) Section 4.9.5.5 (Conformity of Federal Actions) of the Control 
Strategy for Medford-Ashland Quality Maintenance Area 1982 State 
Implementation Plan Revision for Carbon Monoxide as adopted by the 
Enviromental Quality Commission on October 15, 1982.
    (G) Section 4.9.4 (Control Strategy) of the Control Strategy for 
Medford-Ashland Air Quality Maintenance Area 1982 State Implementation 
Plan Revision for the Carbon Monoxide as adopted by the Environmental 
Quality Commission on October 15, 1982.
    (76) Revisions to the Oregon State Implementation Plan were 
submitted by the Director of the Department of Environmental Quality on 
August 5, 1985. Revisions are: Extension of existing emission standards 
for veneer dryers (OAR 340-25-315) to include sources located in special 
problem areas, and the deletion of any references to the implementation 
of compliance dates which have already passed.
    (i) Incorporation by reference.
    (A) Letter of August 5, 1985, from the Department of Environmental 
Quality to EPA and Amendments to OAR 340-25-315, Veneer and Plywood 
Operations Rule, as adopted by the Environmental Quality Commission on 
July 19, 1985.
    (77) On February 28, 1985, the Director of the Oregon Department of 
Environmental Quality submitted a request to EPA to redesignate the 
Medford-Ashland Air Quality Maintenance Area (AQMA) from nonattainment 
to attainment for the primary O3 standard and a plan to 
maintain that standard.
    (i) Incorporation by reference:
    (A) Letter of February 28, 1985, from Oregon State Department of 
Environmental Quality to EPA Region 10.
    (B) Oregon Administrative Rules, Chapter 340, Division 20, Section 
4.8 ``Medford-Ashland Air Quality Maintenance Area Plan for Maintenance 
of Ozone Standard,'' adopted by the Oregon Environmental Quality 
Commission on January 25, 1985.
    (78) On May 30, 1986, the State of Oregon Department of 
Environmental Quality submitted a new rule, OAR 340-20-037 ``Stack 
Heights and Dispersion Techniques'' and requested the deletion of the 
existing rules, OAR 340-20-340 and 345 ``Stack Heights and Dispersion 
Techniques''. On October 23, 1987, the State of Oregon Department of 
Environmental Quality submitted a letter indicating how this new rule 
will be implemented until a definition of the terms ``emission 
limitation'' and ``emission stan
    (i) Incorporation by reference.
    (A) Letter of May 30, 1986, from the Oregon State Department of 
Environmental Quality to EPA Region 10. Revisions to the Oregon 
Administrative Rules, Chapter 340, Division 20, Section 037 ``Stack 
Heights and Dispersion Techniques'', adopted by the Environmental 
Quality Commission on April 25, 1986.
    (B) Letter of October 23, 1987, from the Oregon State Department of 
Environmental Quality to EPA Region 10.
    (79) Revisions to the Oregon State Implementation Plan were 
submitted by the Director of the Department of Environmental Quality of 
October 15, 1986. Revisions are: OAR 340-24-330 (Light Duty Motor 
Vehicle Emission Control Cutpoints or Standards) and OAR 340-24-335 
(Heavy Duty Gasoline Motor Vehicle Emission Control Emission Standards).
    (i) Incorporation by reference. (A) Letter dated October 15, 1986 
from the Director of the Department of Environmental Quality to EPA 
Region 10.
    (B) OAR 340-24-330 (Light Duty Motor Vehicle Emission Control 
Cutpoints or Standards) as adopted by the Environmental Quality 
Commission on September 12, 1986.
    (C) OAR 340-24-335 (Heavy Duty Gasoline Motor Vehicle Emission 
Control

[[Page 562]]

Emission Standards) as adopted by the Environmental Quality Commission 
on September 12, 1986.
    (80) On May 23, 1986, the State of Oregon Department of 
Environmental Quality submitted a new paragraph (12), of OAR 340-20-165 
``Fees'', as a revision to the State Implementation Plan. This paragraph 
allows regional air pollution authorities to set a permit fee schedule 
for sources within their jurisdiction.
    (i) Incorporation by reference.
    (A) Letter dated May 23, 1986, from the State of Oregon Department 
of Environmental Quality to EPA Region 10. Oregon Administrative Rule, 
Chapter 340, Division 20, Section 340-20-165 ``Fees'', paragraph (12), 
adopted by the Environmental Quality Commission on March 14, 1986.
    (81) Oregon Administrative Rules (OAR) Chapter 340, Division 20, 
Sections 200 through 215 (Conflict of Interest) submitted by the 
Director of the Department of Environmental Quality on May 30, 1986. 
These rules apply only to the Department of Environmental Quality and 
the Environmental Quality Commission, and not to the Lane Regional Air 
Pollution Authority and its Board of Directors.
    (i) Incorporation by reference.
    (A) Letter dated May 20, 1986, from the State of Oregon Department 
of Environmental Quality to EPA Region 10. Oregon Administrative Rules, 
Chapter 340, Division 20, Sections 200, 205, 210, and 215 (Conflict of 
Interest) which was adopted by the Environmental Quality Commission on 
April 25, 1986.
    (82) On November 24, 1986, and supplemented on January 8, 1987, the 
Director of the Department of Environmental Quality submitted the Grants 
Pass carbon monoxide control strategy as a revision to the Oregon State 
Implementation Plan.
    (i) Incorporation by reference.
    (A) Letter dated November 24, 1986, from the Director of the 
Department of Environmental Quality to EPA Region 10.
    (B) State of Oregon Clean Air Act Implementation Plan Section 4.11 
Grants Pass Carbon Monoxide Control Strategy as adopted by the 
Environmental Quality Commission on October 24, 1986.
    (ii) Additional information.
    (A) Letter dated January 8, 1987, from the Director of the 
Department of Environmental Quality to EPA Region X.
    (B) Technical appendices for the Grants Pass Carbon Monoxide Control 
Strategy, Appendix 4.11.1 through 10.
    (83) On March 3, 1987, the Director of the Department of 
Environmental Quality submitted amendments to the Oregon visibility 
protection program as a revisions to the Oregon state implementation 
plan, specifically OAR 340-20-047, section 5.2 ``Visibility Protection 
Plan for Class I Areas,'' OAR 629-43-043 ``Smoke Management Plan,'' and 
Directive 1-4-1-601 ``Operational Guidance for the Oregon Smoke 
Management Program.''
    (i) Incorporation by reference.
    (A) Two letters dated March 3, 1987, from the Director of the 
Department of Environmental Quality to EPA Region 10 establishing the 
effective dates for Oregon Administrative Rules referenced in paragraphs 
(c)(83)(i) (B), (C), and (D) of this section.
    (B) Oregon Administrative Rule, Chapter 340, Division 20, section 
047, section 5.2 ``Visibility Protection Plan for Class I Areas'' as 
adopted by the Environmental Quality Commission on October 24, 1986.
    (C) Oregon Administrative Rule, Chapter 629, Division 43, section 
043 ``Smoke Management Plan'' as adopted by the Environmental Quality 
Commission on December 12, 1986.
    (D) Directive 1-4-1-601 ``Operational Guidance for the Oregon Smoke 
Management Program'' as adopted by the Environmental Quality Commission 
on December 12, 1986.
    (84) On September 28, 1988, the Director of the Department of 
Environmental Quality submitted the Lane Regional Air Pollution 
Authority Section 12-025 ``Conflict of Interest,'' of Title 12, ``Duties 
and Powers of Board and Director,'' adopted as Oregon Administrative 
Rules, Chapter 340, Division 20, Section 047, as a revision to the State 
implementation plan.
    (1) Incorporation by reference.
    (i) September 28, 1988, letter from the Director of the Department 
of Environmental Quality to EPA Region 10.

[[Page 563]]

    (ii) Lane Regional Air Pollution Authority Section 12-025 ``Conflict 
of Interest,'' of Title 12, ``Duties and Powers of Board and Director,'' 
as adopted as Oregon Administrative Rules, Chapter 340, Division 20, 
Section 047. This rule was adopted by the Environmental Quality 
Commission on September 9, 1988.
    (85) On February 17, 1989, the State of Oregon Department of 
Environmental Quality submitted amendments to the Procedures for 
Issuance, Denial, Modification, and Revocation of Permits (OAR 340-14-
007, 010, 020 (and 025), Air Contaminant Discharge Permit Notice Policy 
(OAR 340-20-150), and the New Source Review Procedural Requirements (OAR 
340-20-230).
    (i) Incorporation by reference.
    (A) February 17, 1989, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 14 
(Procedures for Issuance, Denial, Modification, and Revocation of 
Permits), section -007 (Exceptions); -010 (Definitions) (3); -020 
(Application for a Permit) (1), (4)(b), and (5); -025 (Issuance of a 
Permit) (2), (3), (4), (5), and (6) as adopted by the Environmental 
Quality Commission on June 10, 1988.
    (C) Oregon Administrative Rules, Chapter 340, Division 20 (Air 
Pollution Control, Air Contaminant Discharge Permit), Section -150 (Air 
Contaminant Discharge Permit Notice Policy) as adopted by the 
Environmental Quality Commission on June 10, 1988.
    (D) Oregon Administrative Rules, Chapter 340, Division 20 (Air 
Pollution Control, New Source Review), Section -230 (Procedural 
Requirements) (3)(D) as adopted by the Environmental Quality Commission 
on June 10, 1988.
    (86) Revisions to the Oregon State Implementation Plan were 
submitted by the Director of the Department of Environmental Quality on 
February 24, 1989. The revision is to OAR-340-24-300 through 350 
(Vehicle Inspection Program Operating Rules, Test Procedures and 
Licensed Exhaust Analyzer).
    (i) Incorporation by reference.
    (A) Letter dated February 24, 1989, from the Director of the 
Department of Environmental Quality to EPA Region 10.
    (B) OAR 340-24-301 [Boundary Designations] (2); OAR 340-24-310 
[Light Duty Motor Vehicle Emission Control Test Method] (6); OAR 340-24-
320 (Light Duty Motor Vehicle Emission Control Test Criteria) (3)(a) 
introductory text, (3)(b)(4), (5), and (6)(a); OAR 340-24-325 [Heavy 
Duty Gasoline Motor Vehicle Emission Control Test Criteria] (3)(a) 
introductory text, (4), and (5); OAR 340-24-330 (Light Duty Motor 
Vehicle Emission Control Cutpoints or Standards) (3); and OAR 340-24-350 
(Gas Analytical System Licensing Criteria) (1)(a)(C), (1)(a)(E), and 
(1)(c) as adopted by the Environmental Quality Commission on September 
9, 1988.
    (87) On May 30, 1986, the Director of the Department of 
Environmental Quality submitted revisions to Volume 2 ``The Federal 
Clean Air Act Implementation Plan (and Other State Regulations)'' and on 
July 11, 1986, a revised Section 3 ``Statewide Regulatory Provisions'' 
`Subsection 3.1 Oregon Administrative Rule--Chapter 340' (OAR 340-30-
015, 030, 031, 040, and 055) as revisions to the Oregon State 
Implementation Plan.
    (i) Incorporation by reference.
    (A) May 30, 1986, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) July 11, 1986, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (C) Volume 2 ``The Federal Clean Air Act Implementation Plan (and 
Other State Regulations)'' Section 1 (Introduction); Section 2 (General 
Administration); Section 3 (Statewide Regulatory Provisions) 
Introduction; Section 4 (Control Strategies for Nonattainment Areas) 
Introduction; Section 5 (Control Strategies for Attainment and 
Nonattainment Areas) Introduction and Section 5.2 (Prevention of 
Significant Deterioration); Section 6 (Ambient Air Quality Monitoring 
Program); Section 8 (Public Involvement);

[[Page 564]]

and Section 9 (Plan Revisions and Reporting), dated January 1986, as 
adopted by the Environmental Quality Commission on April 25, 1986.
    (D) Volume 2 ``The Federal Clean Air Act Implementation Plan (and 
Other State Regulations),'' Section 3 (Statewide Regulatory Provisions), 
Subsection 3.1 Oregon Administrative Rule--Chapter 340 (OAR 340-14-005 
to 050 [Procedures for Issuance, Denial, Modification, and Revocation of 
Permits] dated 10-1-89, OAR 340-20-046 [Records; Maintaining and 
Reporting] effective 10-1-72, OAR 340-20-047 [State of Oregon Clean Air 
Act Implementation Plan] effective 9-30-85, OAR 340-30-015 [Wood Waste 
Boilers] effective 10-29-80, and OAR 340-31-105 [Definitions]) effective 
9-8-81.
    (E) Volume 2 ``The Federal Clean Air Act Implementation Plan (and 
Other State Regulations),'' Section 3 ``(Statewide Regulatory 
Provisions)'', Subsection 3.1 Oregon Administrative Rule--Chapter 340, 
Division 30 (Specific Air Pollution Control Rules for the Medford-
Ashland Air Quality Maintenance Area), Section 015 (Wood Waste Boilers); 
Section 030 (Wood Particle Dryers at Particleboard Plants); Section 031 
(Hardboard Manufacturing Plants); Section 040 (Charcoal Processing 
Plants); and Section 055 (Source Testing) as adopted by the 
Environmental Quality Commission on June 13, 1986.
    (88) A revision to the Oregon State Implementation Plan was 
submitted by the Director of the Oregon Department of Environmental 
Quality on September 14, 1989. The revision OAR-340-22-300 (Standard for 
Automotive Gasoline) is approved in full with the exception of section 
300 (6). EPA only approves the sampling procedures and test methods 
specified in 40 CFR part 80 and is taking no action on the other test 
procedures referenced in section 300 (6) specifically the ASTM 
D323 method and the California Air Resources rule methods.
    (i) Incorporation by reference. (A) Letter dated September 14, 1989, 
from the Director of the Oregon Department of Environmental Quality to 
EPA Region 10. (B) Oregon Administrative Rule, chapter 340, Division 22 
(General Gaseous Emissions), section 300 (standard for Automotive 
Gasoline) as adopted by the Environmental Quality Commission on June 2, 
1989.
    (89) On January 2, 1991, the Director of the Department of 
Environmental Quality submitted revisions to State of Oregon's Air 
Quality Control Plan Volume 2 (the Federal Clean Air Act State 
Implementation Plan and other State Regulations) as follows: OAR chapter 
340, Division 20, Sections 350 to 380 (Excess Emissions). The Department 
of Environmental Quality also repealed OAR 340-21-070 and OAR 340-21-075 
from the state of Oregon's Air Quality Control Plan Volume 2.
    (i) Incorporation by reference.
    (A) January 2, 1991, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 20 (General); 
-350 (Purpose and Applicability); -355 (Definitions); -360 (Planned 
Startup and Shutdown); -365 (Scheduled Maintenance); -370 (Upsets and 
Breakdowns); -375 (Reporting Requirements); and -380 (Enforcement Action 
Criteria) as adopted by the Environmental Quality Commission on may 25, 
1990, and were effective on January 2, 1991.
    (90) On January 14, 1991, the State of Oregon Department of 
Environmental Quality submitted amendments to the Parking Offsets in the 
Portland Central business District (OAR-340-20-405 through 340-20-430) 
in the State of Oregon Air Quality Control Program.
    (i) Incorporation by reference.
    (A) Letter dated January 4, 1991, from the Director of the 
Department of Environmental Quality to EPA Region 10 submitting an 
amendment to the Oregon Implementation Plan.
    (B) Oregon Administrative Rules Chapter 340, Division 20 (Air 
Pollution) Control), section 405 through 430 (Parking Offsets in the 
Portland Central Business district). These rules were adopted by the 
Environmental Quality Commission on December 14, 1990.
    (91) On September 14, 1989, the State of Oregon Department of 
Environmental Quality submitted an amendment to the rules for Notice of 
Construction and Approval of Plans (OAR-340-20-030).

[[Page 565]]

    (i) Incorporation by reference.
    (A) September 14, 1989, letter from the Director of the Department 
of Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 20 (Air 
Pollution Control, Notice of Construction and Approval of Plans) Section 
-030 (Procedure), (4)(a) as adopted by the Environmental Quality 
Commission on April 14, 1989.
    (92) On November 15, 1991, the Director of the Department of 
Environmental Quality submitted revisions to State of Oregon's Air 
Quality Control Plan Volume 2 (the Federal Clean Air Act State 
Implementation Plan and other State Regulations) as follows: Division 
34--Residential Woodheating in OAR Chapter 340 which contains OAR 340-
34-001 to 34-115 (Oregon Woodstove Certification--previously Division 
21-100 to 21-190 of OAR Chapter 340); a new section OAR 340-34-150 to 
34-175 (Woodburning Curtailment); and a new section OAR 340-34-200 to 
34-215 (Woodstove Removal Contingency Program for PM10 
Nonattainment Areas). Also OAR 340-23-030, 043, & 090 (Rules for Open 
Burning).
    (i) Incorporation by reference.
    (A) November 15, 1991, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 34 
(Residential Wood Heating), section--001 (Purpose); -005 (Definitions); 
-010 (Requirements for the Sale of Woodstoves); -015 (Exemptions); -020 
(Civil Penalties); -050 (Emission Performance Standards & 
Certification); -055 (Efficiency Testing Criteria & Procedures); -060 
(General Certification Procedures); -065 (Changes in Woodstove Design); 
-070 (Labelling Requirements); -075 (Removal Label); -080 (Label 
Approval); -085 (Laboratory Accreditation Requirements); -090 
(Accreditation Criteria); -095 (Application for Laboratory Efficiency 
Accreditation); -100 (On-Site Laboratory Inspection and Stove Testing 
Proficiency Demonstration); -105 (Accreditation Application Deficiency, 
Notification and Resolution); -110 (Final Department Administrative 
Review and Certificate of Accreditation); -115 (Revocation and Appeals); 
-150 (Applicability); -155 (Determination of Air Stagnation Conditions); 
-160 (Prohibition on Woodburning During Periods of Air Stagnation); -165 
(Public Information Program); -170 (Enforcement); -175 (Suspension of 
Department Program); -200 (Applicability); -205 (Removal and Destruction 
of Uncertified Stove Upon Sale of Home); -210 (Home Seller's 
Responsibility to Verify Stove Destruction); -215 (Home Seller's 
Responsibility to Disclose) as adopted by the Environmental Quality 
Commission on November 8, 1991 and effective on November 13, 1991.
    (C) Oregon Administrative Rules, Chapter 340, Division 23 (Rules for 
Open Burning), section -030 (Definitions); -043 (Open Burning Schedule); 
and -090 (Coos, Douglas, Jackson and Josephine Counties) as adopted by 
the Environmental Quality Commission on November 8, 1991 and effective 
on November 13, 1991.
    (93) On November 15, 1991, the Director of the Department of 
Environmental Quality submitted revisions to State of Oregon's Air 
Quality Control Plan Volume 2 (The Federal Clean Air Act State 
Implementation Plan and other State Regulations) as follows: Division 
21--General Emission Standards for Particulate Matter in Chapter 340 
which contains OAR 340-21-200 to -245.
    (i) Incorporation by reference. (A) November 15, 1991, letter from 
the Director of the Department of Environmental Quality to EPA Region 10 
submitting amendments to the Oregon State implementation plan.
    (B) Oregon Administrative Rules, chapter 340, Division 21 (General 
Emission Standards for Particulate Matter) section Industrial 
Contingency Requirements for PM-10 Nonattainment Areas; -200 (Purpose); 
-205 (Relation to Other Rules); -210 (Applicability); -215 
(Definitions); -220 (Compliance Schedule for Existing Sources); -225 
(Wood-Waste Boilers); -230 (Wood Particulate Dryers at Particleboard 
Plants); -235 (Hardboard Manufacturing Plants) -240 (Air Conveying 
Systems); and -245 (Fugitive Emissions) as adopted by the Environmental 
Quality Commission on

[[Page 566]]

November 8, 1991 and effective on November 13, 1991.
    (94) On May 30, 1986, and on November 15, 1991, the Director of the 
Department of Environmental Quality submitted revisions to State of 
Oregon's Air Quality Control Plan Volume 2 (The Federal Clean Air Act 
State Implementation Plan and other State Regulations) as follows: 
Division 25--Board Products Industries in OAR Chapter 340 which contains 
OAR 340-25-305 to 315.
    (i) Incorporation by reference.
    (A) November 15, 1991, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 25 (Specific 
Industrial Standards) section-305 (Definitions); and -315 (Veneer and 
Plywood Manufacturing Operations) as adopted by the Environmental 
Quality Commission on November 8, 1991 and effective on November 13, 
1991.
    (C) May 30, 1986, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (95) On May 20, 1988, the Director of the Department of 
Environmental Quality submitted revisions to State of Oregon's Air 
Quality Control Plan Volume 2 (The Federal Clean Air Act State 
Implementation Plan and other State Regulations) as follows: Chapter 340 
Division 27 (Air Pollution Emergencies) section -005, -010, and -012.
    (i) Incorporation by reference. (A) May 20, 1988, letter from the 
Director of the Department of Environmental Quality to EPA Region 10 
submitting amendments to the Oregon state implementation plan.
    (B) Oregon Administrative Rules, chapter 340, Division 27 (Air 
Pollution Emergencies) section -005 (Introduction); -010 (Episode Stage 
Criteria for Air Pollution Emergencies) and -012 (Special Conditions) as 
adopted by the Environmental Quality Commission on April 29, 1988, and 
effective on May 19, 1988.
    (96) On May 30, 1986, December 5, 1986, May 8, 1987, March 3, 1989, 
March 12, 1990, June 8, 1990, and November 15, 1991, the Director of the 
Department of Environmental Quality submitted revisions to the State of 
Oregon's Air Quality Control Plan Volume 2 (The Federal Clean Air State 
Implementation Plan and Other State Regulations). The revisions updated 
the Lane Regional Air Pollution Authority rules by adding new Titles 12, 
14, 34, 38, and 47; revising existing Titles 11, 12, 15 (previously 
Title 13), 32, 33, 50 (previously Title 31), and 51; rescinding existing 
Titles 21, 22, and 36; and removing existing Titles 20, 42, 44, and 45 
from the EPA-approved state implementation plan.
    (i) Incorporation by reference.
    (A) May 30, 1986, letter from the Director of the Oregon Department 
of Environmental Quality (ODEQ) to EPA Region 10 submitting amendments 
to the Oregon state implementation plan. Revisions were to: Title 11 
(Policy and General Provisions), Title 12 (General Duties and Powers of 
Board and Director), Title 14 (Definitions), Title 32 (Emission 
Standards) and Title 33 (Prohibited Practices and Control of Special 
Classes), Title 34 (Air Contaminant Discharge Permits), Title 38 (New 
Source Review), and Title 47 (Rules for Open Outdoor Burning) as adopted 
by the Environmental Quality Commission on April 25, 1986, and state 
effective on May 8, 1986.
    (B) December 5, 1986, letter from the Director of ODEQ to EPA Region 
10 submitting amendments to the Oregon state implementation plan. 
Revisions were to: Title 14 (Definitions) and Title 38 (New Source 
Review) as adopted by the Environmental Quality Commission on October 
24, 1986, and state effective on October 24, 1986.
    (C) May 8, 1987, letter from the Director of ODEQ to EPA Region 10 
submitting amendments to the Oregon state implementation plan. Revisions 
were to: Title 34 (Air Contaminant Discharge Permits) as adopted by the 
Environmental Quality Commission on April 17, 1987, and state effective 
on April 22, 1987.
    (D) March 3, 1989, letter from the Director of ODEQ to EPA Region 10 
submitting amendments to the Oregon state implementation plan. Revisions 
were to: Title 34 (Air Contaminant Discharge Permits), as adopted by the 
Environmental Quality Commission on

[[Page 567]]

November 4, 1988, and state effective on December 20, 1988.
    (E) March 3, 1989, letter from the Director of ODEQ to EPA Region 10 
submitting amendments to the Oregon state implementation plan. Revisions 
were to: Title 14 (Definitions), Title 31 which was revised and 
repromulgated as Title 50 (Ambient Air Standards), Title 38 (New Source 
Review), and Title 51 (Air Pollution Emergencies), as adopted by the 
Environmental Quality Commission on November 4, 1988, and state 
effective on December 20, 1988.
    (F) March 12, 1990, letter from ODEQ to EPA Region 10 submitting 
amendments to the Oregon state implementation plan. Revisions were to: 
Title 34 (Air Contaminant Discharge Permits) as adopted by the 
Environmental Quality Commission on March 2, 1990, and state effective 
on February 14, 1991.
    (G) June 8, 1990, letter from the Director of ODEQ to EPA Region 10 
submitting amendments to the Oregon state implementation plan. Revisions 
were to: Title 13 (Enforcement Procedures) which was revised and 
repromulgated as Title 15 (Enforcement Procedures and Civil Penalties) 
as adopted by the Environmental Quality Commission on May 25, 1990, and 
state effective on February 14, 1991.
    (H) November 15, 1991, letter from the Director of ODEQ to EPA 
Region 10 submitting amendment to the Oregon state implementation plan. 
Revisions were a new Title 12 (Definitions), and changes to Title 34 
(Air Contaminant Discharge Permits) and Title 38 (New Source Review) as 
adopted by the Environmental Quality Commission on November 8, 1991, and 
state effective on November 13, 1991.
    (I) August 26, 1993, supplemental information letter from ODEQ to 
EPA Region 10 assuring EPA that draft and proposed regulations submitted 
from Lane Regional Air Pollution Authority (LRAPA) as final versions of 
the rules were in fact made final with no change.
    (97) On October 13, 1989, and November 15, 1991, the Director of the 
Department of Environmental Quality submitted revisions to OAR chapter 
340 Division 30 (Specific Air Pollution Control Rules for Areas With 
Unique Air Quality Control Needs) as revisions to the State of Oregon's 
Air Quality Control Plan Volume 2 (The Federal Clean Air State 
Implementation Plan and Other State Regulations).
    (i) Incorporation by reference.
    (A) October 13, 1989, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) November 15, 1991, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (C) Oregon Administrative Rule 340 Division 30 (Specific Air 
Pollution Control Rules for Medford-Ashland Air Quality Maintenance Area 
and the Grants Pass Urban Growth Area) -010 (Definitions); -015 (Wood 
Waste Boilers) (except for (3)(c)); -025 (Air Conveying Systems); -040 
(Charcoal Producing Plants); -043 (Control of Fugitive Emissions 
(Medford-Ashland AQMA Only); -044 (Requirement for Operating and 
Maintenance Plans (Medford-Ashland AQMA Only); -045 (Compliance 
Schedules); -046 (Emission Limits Compliance Schedules); -050 
(Continuous Monitoring); -055 (Source Testing; -065 (New Source); -067 
(Rebuilt Sources); as adopted by the Environmental Quality Commission on 
September 7, 1989, and effective on September 7, 1989.
    (D) Oregon Administrative Rule 340 Division 30 (Specific Air 
Pollution Control Rules for Areas with Unique Air Quality Control Needs) 
section -005 (Purpose and Application; -010 (Definitions); -012 
(Application); -015 (Wood Waste Boilers) (except for (3)(c)); -021 
(Veneer Dryer Emission Limitations); -030 (Wood Particle Dryers At 
Particleboard Plants); -043 (Control of Fugitive Emissions (Medford-
Ashland AQMA Only); -044 (Requirements for Operating and Maintenance 
Plans (Medford-Ashland AQMA Only); -046 (Emission Limits Compliance 
Schedules); -050 (Continuous Monitoring); -055 (Source Testing); -065 
(New Sources); -067 (Rebuilt Sources); -115 (Dual Fuel Feasibility Study 
for Wood-Waste Boilers); -200 (Application), -205 (Compliance Schedule 
for Existing Sources), -210 (Woodwaste Boilers); -215 (Wood Particle 
Dryers At Particleboard Plants); -220 (Hardboard

[[Page 568]]

Manufacturing Plants); -225 (Air Conveying System), and -230 (Fugitive 
Emissions) as adopted by the Environmental Quality Commission on 
November 8, 1991, and effective on November 13, 1991.
    (98) On October 14, 1992, the Director of the Department of 
Environmental Quality submitted revisions to Oregon's Sampling Manual 
(Volumes I and II) and the inclusion of a new Continuous Emission 
Monitoring Manual as revision to the State of Oregon's Air Quality 
Control Plan Volume 2 (The Federal Clean Air State Implementation Plan 
and Other State Regulations).
    (i) Incorporation by reference.
    (A) October 14, 1992, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) Oregon's Sampling Manual (Volumes I and II) as adopted by the 
Oregon Environmental Quality Commission on January 23, 1992, and 
effective on January 23, 1992.
    (C) Continuous Emission Monitoring Manual as adopted by the Oregon 
Environmental Quality Commission on January 23, 1992, and effective on 
February 4, 1992.
    (99) On November 21, 1990, the Director of the Department of 
Environmental Quality (ODEQ) submitted a State Implementation Plan for 
Particulate Matter, Grants Pass, Oregon, Moderate Nonattainment Area, A 
Plan for Attaining and Maintaining the National Ambient Air Quality 
Standards for PM10. On November 15, 1991, the Director of 
ODEQ submitted an Addendum to the November 21, 1990 submittal.
    (i) Incorporation by reference.
    (A) November 21, 1990, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting revisions to the 
Oregon state implementation plan.
    (B) November 15, 1991, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting revisions to the 
Oregon state implementation plan.
    (C) State Implementation Plan for Particulate Matter, Grants Pass, 
Oregon Nonattainment Area, A Plan for Attaining and Maintaining the 
National Ambient Air Quality Standards for PM10 dated 
November 1990, adopted by the Environmental Quality Commission on 
November 2, 1990 and effective on November 2, 1990.
    (D) PM10 Control Strategy for Particulate Matter 
(Addendum) Grants Pass, Oregon Nonattainment Area, A Plan for Attaining 
and Maintaining the National Ambient Air Quality Standards for 
PM10 dated October 1991, adopted by the Environmental Quality 
Commission on November 8, 1991, and effective on November 13, 1991.
    (100) On May 15, 1991, the Director of the Department of 
Environmental Quality submitted revisions to the State of Oregon 
Implementation plans for volatile organic compound emissions (OAR 340-
22-100 through 340-22-220, General Emission Standards for Volatile 
Organic Compounds), to bring about attainment of the National ambient 
air quality standards in ozone nonattainment areas.
    (i) Incorporation by reference.
    (A) May 15, 1991, letter from Oregon Department of Environmental 
Quality to EPA Region 10 submitting the VOC nonattainment area state 
implementation plan for Oregon.
    (B) OAR 340-22-100 through 340-22-220, General Emission Standards 
for Volatile Organic Compounds, as adopted on May 14, 1991, and became 
effective on May 16, 1991.
    (101) On July 28, 1989, the state of Oregon, through the Oregon 
Department of Environmental Quality, submitted a maintenance plan and a 
request to redesignate Eugene-Springfield to attainment for carbon 
monoxide (CO).
    (i) Incorporation by reference.
    (A) July 28, 1989, letter from Oregon Department of Environmental 
Quality to EPA Region 10 submitting a maintenance plan and a 
redesignation request for the Eugene-Springfield CO Air Quality 
Maintenance Area (AQMA). This plan was submitted as an amendment to the 
State of Oregon Implementation Plan and adopted by the Oregon Department 
of Environmental Quality Commission on December 9, 1988.
    (B) Attainment Demonstration and Maintenance Plan for the Eugene-
Springfield AQMA for CO.

[[Page 569]]

    (C) Letter from Lane Regional Air Pollution Authority and Lane 
Council of Governments, dated February 27, 1992, to EPA Region 10, 
committing to submit a contingency plan if a violation of the CO NAAQS 
occurs.
    (102) On November 16, 1992, and on November 15, 1993, the Director 
of the Department of Environmental Quality submitted Emission Statement 
Rules as amendments to the State of Oregon Implementation Plan. The 
November 15, 1993, Emission Statement Rules revision to OAR chapter 340, 
Division 28, State of Oregon Implementation Plan, superseded the 
November 16, 1992 submittal.
    (i) Incorporation by reference.
    (A) November 16, 1992, letter from Oregon Department of 
Environmental Quality to EPA Region 10 submitting the emission statement 
SIP revision. This revision was submitted as an amendment to the State 
of Oregon Implementation Plan and adopted by the Environmental Quality 
Commission on November 10, 1992.
    (B) Emission Statement Rules submitted as an amendment to the State 
of Oregon Implementation Plan, effective November 12, 1992.
    (C) November 15, 1993, letter from Oregon Department of 
Environmental Quality to EPA Region 10 submitting a revision to the 
Emission Statement Rules. This revision was submitted as an amendment to 
the State of Oregon Implementation Plan and adopted by the Environmental 
Quality Commission on September 10 and October 29, 1993.
    (D) Emission Statement Rules submitted as an amendment to the State 
of Oregon Implementation Plan, revising the air quality regulations in 
OAR, Chapter 340, Division 28, effective September 24, 1993.
    (E) December 20, 1993, Completeness Determination letter to Oregon 
Department of Environmental Quality from EPA Region 10, advising that 
the November 15, 1993, Emission Statement Rules submittal is a 
technically and administratively complete SIP revision.
    (103) On May 14, 1993, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a committal state implementation 
plan (SIP) for a basic inspection and maintenance (I/M) program for 
Portland and Medford-Ashland CO nonattainment areas. On November 15, 
1993, ODEQ submitted the basic I/M program.
    (i) Incorporation by reference.
    (A) May 14, 1993, letter from the Director of ODEQ to EPA Region 10 
submitting a committal SIP for the I/M program.
    (B) November 15, 1993, letter from the Director of ODEQ to EPA 
Region 10 submitting the I/M program for moderate CO nonattainment 
areas.
    (C) OAR 340-24-309 through 350, ``Motor Vehicles,'' adopted on 
October 29, 1993, and effective on November 4, 1993.
    (104) On November 16, 1992, the Oregon State Department of 
Environmental Quality submitted the formal SIP revision to Oregon's 
Administrative Rules (OAR) 340-20-136 and 340-22-440 through 340-22-640, 
adopted as part of the state of Oregon Clean Air Act Implementation Plan 
through OAR 340-20-047. This revision establishes and requires the 
implementation of an oxygenated gasoline program in the Clackamas, 
Jackson, Multnomah, Washington and Yamhill counties, and an eleven by 
twelve mile area surrounding Klamath Falls and a nine mile by nine mile 
area surrounding Grants Pass.
    (i) Incorporation by reference.
    (A) The November 16, 1992, letter from the Director of the Oregon 
State Department of Environmental Quality to EPA Region 10 submitting 
revisions to the Oregon SIP.
    (B) Revisions to the Oregon SIP: Rules on Oxygenated Fuels, OAR 340-
20-136 and 340-22-440 through 340-22-640, adopted as part of the State 
of Oregon Clean Air Act Implementation Plan through OAR 340-20-047, 
effective November 1, 1992.
    (105) On November 15, 1993, the Director of ODEQ submitted Oregon's 
contingency measure plan as a revision to Oregon's SIP for carbon 
monoxide (CO) for Grants Pass, Medford, Portland, and Klamath Falls, 
Oregon.
    (i) Incorporation by reference.
    (A) November 15, 1993, letter from the Director of ODEQ to EPA 
Region 10 submitting amendments to the Oregon SIP.

[[Page 570]]

    (B) Oregon Administrative Rules, Chapter 340-22-440 through 340-22-
650, Vol. 2, Sections 4.2, 4.9, 4.ll, Carbon Monoxide Control 
Strategies, effective November 4, 1993.
    (106) On February 4, 1994, the Oregon Department of Environmental 
Quality (ODEQ) submitted the formal SIP revision to Oregon's 
Administrative Rules (OAR) 340-34-005 through 340-34-115 (Residential 
Woodheating and Woodstove Certification Program). This revision includes 
the repeal of OAR 340-34-55, OAR 340-34-65 as well as OAR 340-34-075 
through 340-34-115.
    (i) Incorporation by reference.
    (A) February 4, 1994, letter from the Director of ODEQ to EPA Region 
10 submitting a revision to the Woodstove Certification and Efficiency 
Testing Program.
    (B) OAR 340-34-005 through 115, Residential Woodheating and 
Woodstove Certification Program, adopted on December 10, 1993, and 
effective on January 3, 1994.
    (107) On November 15, 1991, the ODEQ submitted a PM-10 nonattainment 
area SIP for La Grande, Oregon.
    (i) Incorporation by reference.
    (A) November 15, 1991 letter from ODEQ to EPA Region 10 submitting 
the PM-10 nonattainment area SIP for La Grande, Oregon.
    (B) PM-10 Control Strategy for Particulate Matter, October 1991, La 
Grande, Oregon Nonattainment Area, as adopted by the Environmental 
Quality Commission on November 8, 1991.
    (108) On November 15, 1991 the Director of ODEQ submitted amendments 
to Oregon's SIP to include a PM-10 control strategy for Eugene-
Springfield and LRAPA title 39.
    (i) Incorporation by reference.
    (A) November 15, 1991 letter from the Director of ODEQ to EPA Region 
10 submitting amendments to the Oregon SIP.
    (B) The PM-10 control strategy for Eugene-Springfield, adopted by 
the OEQC on January 31, 1991, and LRAPA title 39 (Contingency for PM-10 
sources in the Eugene-Springfield nonattainment area), adopted by the 
OEQC on November 8, 1991.
    (C) April 13, 1994 letter from the Director of ODEQ to EPA Region 10 
submitting amendments to the Oregon SIP.
    (D) Amendments to Lane Regional Air Pollution Authority Rules as a 
revision to the Oregon SIP (title 16), adopted by the OEQC on March 11, 
1994.
    (109) On October 27, 1993, the Director of ODEQ submitted OAR 340-
24-307, Motor Vehicle Inspection Program Fee Schedule, as an amendment 
to the Oregon SIP. On November 15, 1993, the Director of ODEQ submitted 
Section 3.1, OAR 340-24-309 through 340-24-350 and section 5.4, Motor 
Vehicle Inspection and Maintenance Plan, as amendments to the Oregon 
SIP. On June 14, 1994 EPA's Regional Administrator, Chuck Clarke, 
received Section 3.1, OAR 340-24-309 through 340-24-355 and section 5.4, 
Motor Vehicle Inspection and Maintenance Plan, from the Director of ODEQ 
as amendments to the Oregon SIP.
    (i) Incorporation by reference.
    (A) October 27, 1993 letter from the Director of ODEQ to the 
Regional Administration of EPA submitting a revision to the Oregon SIP, 
Motor Vehicle Inspection Program Fee Schedule.
    (B) November 15, 1993 letter from the Director of ODEQ to the 
Regional Administrator of EPA submitting revisions to the Oregon SIP, 
Vehicle Inspection and Maintenance Program.
    (C) June 13, 1994 letter from the Director of ODEQ to the Regional 
Administrator of EPA submitting revisions to the Oregon SIP, Vehicle 
Inspection and Maintenance Program.
    (D) Oregon's Motor Vehicle Inspection Program Fee Schedule, OAR 340-
24-307, adopted by the Environmental Quality Commission on January 29, 
1993.
    (E) Oregon's Vehicle Inspection and Maintenance Program, OAR 340-24-
309, 310, 315, 320, 330, 335, 340, 350, and Volume 2 Section 5.4, Motor 
Vehicle Inspection and Maintenance Plan, adopted by the Environmental 
Quality Commission on October 29, 1993.
    (F) Oregon's Vehicle Inspection and Maintenance Program, Section 
3.1, OAR 340-24-300 through 340-24-355, and Section 5.4, adopted by the 
Environmental Quality Commission on June 3, 1994.
    (110) On May 28, 1993, the Director of ODEQ submitted two separate 
sets of

[[Page 571]]

revisions to its air quality regulations, OAR, Chapter 340, Division 25. 
One submittal was housekeeping amendments affecting all of Division 25; 
the second submittal was specifically Kraft Pulp Mill rules (OAR 340-25-
150 through -205) and Neutral Sulfite Semi-Chemical Pulp Mill 
regulations (OAR 340-25-220 through -234). On November 15, 1993, the 
Director of ODEQ submitted a revision to OAR, Chapter 340, Division 25. 
On April 13, 1994, the Director of ODEQ submitted revisions to the 
Oregon SIP for LRAPA's Title 47, Outdoor Open Burning.
    (i) Incorporation by reference.
    (A) EPA received on May 28, 1993, two letters from the Director, 
ODEQ, to the Regional Administrator, EPA, submitting housekeeping 
amendments to Division 25: Housekeeping amendments to Division 25 (OAR 
340-25-005 through 025 and OAR 340-25-105 through 340-25-430), effective 
March 10, 1993; and revisions to the Oregon SIP for Kraft Pulp Mill 
Amendments and Neutral Sulfite Semi-Chemical Pulp Mill Regulations: 
Kraft Pulp Mill Rules (OAR 340-25-150 through 205) and the Neutral 
Sulfite Semi-Chemical Pulp Mill Pulp Mills (OAR 340-25-220 through 234), 
excluding all references to total reduced sulfur, effective January 24, 
1990.
    (B) November 15, 1993, letter from the Director, ODEQ, to the 
Regional Administrator, EPA, submitting revisions to the Oregon SIP for 
OAR, Chapter 340, Division 25: Amendments to OAR Chapter 340, Division 
25 (OAR 340-25-160, 340-25-222, 340-25-275, 230-25-310, 340-25-420), 
effective November 4, 1993.
    (C) April 13, 1994, letter from the Director, ODEQ, to the Regional 
Administrator, EPA, submitting revisions to LRAPA, Title 47: Title 47, 
Lane Regional Air Pollution Authority, August 11, 1992, Outdoor Open 
Burning, effective January 1, 1993.
    (111) The EPA approves a revision to the State of Oregon's Air 
Quality Control Plan Volume 2 (The Federal Clean Air Act State 
Implementation Plan and other State Regulations), specifically a 
revision to Section 2.2--Legal Authority and a revision to Chapters 468 
and 468A of the Oregon Revised Statutes (ORS).
    (i) Incorporation by reference.
    (A) On July 29, 1992 and August 30, 1994, ODEQ submitted to EPA a 
revision to Oregon Revised Statutes (ORS), Chapter 468 (1993 Edition), 
and Chapter 468A (1993 Edition), both of which were amended and adopted 
through August 1993 and in effect on November 4, 1993; and a revised 
Section 2.2--Legal Authority, including subsections 2.2.1 through 2.2.9, 
dated and revised July 29, 1992, the date of the official attached 
transmittal letter.
    (112) On November 16, 1992, the Director for the Oregon Department 
of Environmental Quality (ODEQ) submitted the Oregon State Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program and on May 16, 1995, the Administrator for ODEQ 
submitted the Small Business Assistance Program Confidentiality Option 
as revisions to the Oregon State Implementation Plan.
    (i) Incorporation by reference.
    (A) The November 16, 1992 letter from the Director of the Oregon 
Department of Environmental Quality submitting the Small Business 
Stationary Source Technical and Environmental Compliance Assistance 
Program to EPA; The Oregon Air Quality Small Business Assistance Program 
State Implementation Plan Revision adopted on October 16, 1992, and 
evidence that the State has the necessary legal authority, Oregon 
Revised Statutes 468A.330 (Small Business Stationary Source Technical 
and Environmental Compliance Assistance Program).
    (B) The May 16, 1995 letter from the Administrator of the Oregon 
Department of Environmental Quality, Air Quality Division, submitting 
the Small Business Assistance Program confidentiality option to EPA; The 
Air Quality Guidance, Restriction of Information Obtained by the AQ 
Small Business Assistance Program adopted on May 16, 1995.
    (113) On April 14, 1995, the Oregon Department of Environmental 
Quality submitted a revision to its SIP for the State of Oregon to 
include the Transportation Conformity: OAR 340-20-710 through 340-20-
1080.
    (i) Incorporation by reference.
    (A) April 14, 1995 letter from ODEQ director Lydia Taylor to EPA 
Regional

[[Page 572]]

Administrator Chuck Clarke submitting a revision to the Oregon SIP to 
include the Transportation Conformity: OAR 340-20-710 through 340-20-
1080; Division 20, Air Pollution Control, Criteria and Procedures for 
Determining Conformity to State or Federal Implementation Plans of 
Transportation Plans, Programs, and Projects Funded or Approved Under 
Title 23 U.S.C. or the Federal Transit Act, effective March 29, 1995.
    (114) On November 20, 1995, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a Reasonably Available Control 
Technology Standards (RACT) determination for VOC emissions from the 
Intel Corporation facility in Portland, Oregon.
    (i) Incorporation by reference.
    (A) The letter dated November 20, 1995, from the Director of ODEQ 
submitting a SIP revision for a RACT determination contained in Intel's 
Oregon Title V Operating Permit for VOC emissions, consisting of permit 
34-2681 expiration date 10-31-99, page 11 of 32 pages, 
effective date September 24, 1993 (State-effective date of the Oregon 
Title V Program).
    (115) A minor revision consisting of clarification of existing air 
quality control regions and nonattainment and maintenance areas of 
Oregon (the revision did not change any existing boundaries) was 
submitted to EPA from ODEQ for inclusion into the Oregon SIP.
    (i) Incorporation by reference.
    (A) Letter dated September 20, 1995 from the Director of the ODEQ to 
the EPA Regional Administrator submitting a revision to better define 
Oregon's existing air quality boundaries found in State regulations OAR 
340-23-065 through 340-23-075 (Rules for Open Burning), OAR 340-31-120 
(Air Pollution Control Standards for Air Purity and Quality), and OAR 
340-31-500 through 340-31-530 (The Air Quality Control Regions and 
Nonattainment and Maintenance Areas of Oregon), effective May 25, 1995.
    (116) On May 27, 1993, September 27, 1995, and October 8, 1996, the 
Director of ODEQ submitted to the Regional Administrator of EPA 
revisions to its Oregon SIP: the Oregon Administrative Rules (OAR), 
Housekeeping Amendments (Chapter 340, Divisions 21 through 24, 26, 27, 
30, and 34); OAR, Division 22, General Gaseous Emissions (340-22-100, -
130, and -137); and OAR, Divisions 20, 21, 22, 25, 27 and 30).
    (i) Incorporation by reference.
    (A) May 27, 1993, letter from ODEQ to EPA submitting a revision to 
the Oregon Administrative Rules: Housekeeping Amendments, Oregon 
Administrative Rules, Chapter 340, Divisions 21 through 24, 26, 27, 30, 
and 34, State-effective on March 10, 1993.
    (B) September 27, 1995, letter from ODEQ to EPA submitting a 
revision to the Oregon Administrative Rules: Permits and Fees for Stage 
I Vapor Recovery Program, Division 22, General Gaseous Emissions, 
Sections 100, 130, and 137, State-effective on November 2, 1994.
    (C) October 8, 1996, letter from ODEQ to EPA submitting a revision 
to the Oregon Administrative Rules: OAR 340-020-0047 (State-effective on 
September 24, 1996); OAR 340-21-0005, -0015, -0020, -0025, -0030, -0035, 
-0045, -0050, and -0235 (State-effective on January 29, 1996); OAR 340-
022-0102 (State-effective on March 29, 1996), and -0130 (State-effective 
on December 6, 1995); OAR 340-025-0260 and -0265 (State-effective on 
December 6, 1995), -0280 (State-effective on December 6, 1995), -0320 
and -0325 (State-effective on January 29, 1996); OAR -027-0005 (State-
effective on September 24, 1996); OAR 030-0007, -0010 and -0031 (State-
effective on January 29, 1996).
    (117) On November 20, 1996, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted source-specific Reasonably 
Available Control Technology (RACT) determinations to EPA as SIP 
revisions for VOC emissions standards.
    (i) Incorporation by reference.
    (A) Two letters dated November 20, 1995, from Director of the Oregon 
Department of Environmental Quality (ODEQ) submitting SIP revisions for 
RACT determinations for VOC emissions for: Cascade General, Inc., a ship 
repair yard in Portland, Oregon, Permit No. 26-3224 (issued to the Port 
of Portland), dated October 4, 1995; and, White Consolidated, Inc. 
(doing business as Schrock Cabinet Co.), a wood

[[Page 573]]

cabinet manufacturing facility in Hillsboro, Oregon, Permit No. 34-2060, 
dated August 1, 1995.
    (118) On October 13, 1989, the Director of the Oregon Department of 
Environmental Quality submitted an amendment to OAR Chapter 340, 
Division 30. On May 28, 1993, the Director of the Oregon Department of 
Environmental Quality submitted amendments to OAR Chapter 340, Division 
14, and Division 31. On November 15, 1993, the Director of the Oregon 
Department of Environmental Quality submitted amendments to OAR Chapter 
340, Division 14, Division 20, and Division 31, and a new Division 28. 
On November 14, 1994, June 1, 1995, October 8, 1996, and January 22, 
1997, the Director of the Oregon Department of Environmental Quality 
submitted amendments to OAR Chapter 340, Division 28. On September 27, 
1995, the Director of the Oregon Department of Environmental Quality 
submitted amendments to OAR Chapter 340, Division 31.
    (i) Incorporation by reference.
    (A) OAR 340-14-005, -010, -015, -020, -025, -030, -035, -040, -045, 
and -050, effective March 10, 1993; and OAR 340-14-007, effective 
September 24, 1993.
    (B) OAR 340-28-500, -510, -520, -810, -1030, -1040, -1120, -1130, -
1400, -1450, -1520, -1600, -1700, -1710, and -1920, effective September 
24, 1993; OAR 340-28-100, -200, -300, -700, -800, -820, -900, -1000, -
1020, -1100, -1110, -1140, -1420, -1440, -1500, -1510, -1730, -1740, -
1750, -1760, -1770, -1900, -1940, -1950, -1960, -1970, -1980, -1990, and 
-2000, effective November 4, 1993; OAR 340-28-600, -610, -620, and -640, 
effective January 1, 1994; OAR 340-28-1910 and -2270, effective October 
29, 1994; OAR 340-28-1930, effective May 1, 1995; OAR 340-28-1060, 
effective January 29, 1996; OAR 340-28-1410 and -1430, effective 
September 24, 1996; and OAR 340-28-110, -400, -630, -1010 and -1720, 
effective October 22, 1996.
    (C) OAR 340-30-111, effective September 26, 1989.
    (D) OAR 340-31-010, 340-31-015, 340-31-020, 340-31-025, 340-31-030, 
340-31-040, 340-31-055, 340-31-100, 340-31-115, and 340-31-130, 
effective March 10, 1993; and OAR 340-31-005, OAR 340-31-110, and 340-
31-120, effective July 12, 1995.
    (119) November 15, 1991, and September 20, 1995, letters from the 
Director, Oregon Department of Environmental Quality, to the Region 10 
Regional Administrator, EPA, submitting the PM-10 Klamath Falls, Oregon, 
PM-10 Control Plan and amendments as revisions to its SIP.
    (i) Incorporation by reference.
    (A) State Implementation Plan for PM-10 in Klamath Falls, dated 
October 1991 and revised August 1995; and Appendix 4: Ordinances and 
Commitments, Ordinance No. 6630 (adopted September 16, 1991), and 
Ordinance No. 63 (adopted July 31, 1991)--Chapters 170 and 406.
    (120) The Oregon Department of Environmental Quality (ODEQ) and the 
Washington Department of Ecology (WDOE) submitted Maintenance Plans that 
demonstrate continued attainment of the NAAQS for O3 and 
requested redesignation of the Pdx/Van interstate nonattainment area 
from nonattainment to attainment for O3. The SIP revision 
requests were submitted by the WDOE on June 13, 1996, and by ODEQ on 
August 30, 1996. A number of other O3 supporting revisions 
were included in this submittal, such as: the 1990 O3 
Emission Inventories; changes to the NSR programs; regulations 
implementing the hybrid low enhanced I/M programs; an expanded vehicle 
inspection boundary; minor RACT rule changes (Vancouver only); Employee 
Commute Options rule (Portland only); Voluntary Parking Ratio rule 
(Portland only); PSEL management rules (Portland only); and local area 
source supporting rules.
    (i) Incorporation by reference.
    (A) Ozone Maintenance Plan and Redesignation Request for the 
Portland/Vancouver AQMA (Oregon Portion) effective August 14, 1996.
    (B) Oregon Inspection and Maintenance SIP revision to Section 5.4; 
OAR 340-024-0100, -0300, -0305, -0306, -0307, -0308, -0309, -0312 (with 
the exception of all language in (4) (a) referring to a ``sixth hill 
extrapolation''), -0314 , -0318, -0320, -0325, -0330, -0332, -0335, -
0337, -0340, -0355, -0357, and -0360, State effective on November 26, 
1996.
    (C) New Source Review: OAR 340-020-0047; OAR 340-028-0110, 1900 
through 1940, 1960, 1970, and 2000; OAR 340-030-0111, State effective on 
November 26, 1996.

[[Page 574]]

    (D) Supporting Regulations approved as part of the Ozone non-
attainment redesignation package: OAR 340-022-0400, -0401, -0402, -0403, 
-0700, -0710, -0720, -0730, -0740, -0750, -0760, -0800, -0810, -0820, -
0830, -0840, -0850, -0860, -0900, -0910, -0920, -0930, -0940, -0950, -
1000, -1010, -1020, -1030, -1040, -1050, -1100, -1110, -1120, -1130, 
State effective on 8/14/96; OAR 340-024-0301, State effective on 8/12/
96; OAR 340-030-0700, -0710, -0720, -0730, -0740, -0800, -0810, -0820, -
0830, -0840, -0850, -0860, -0870, -0880, -0890, -0900, -0910, -0920, -
0930, -0940, -0950, -0960, -0970, -0980, -0990, -1000, -1010, -1020, -
1030, -1040, -1050, -1060, -1070, -1080, -1100, -1110, -1120, -1130, -
1140, -1150, -1160, -1170, -1180, -1190, State effective on 8/14/96; and 
OAR 340-031-0500, -0520, -0530, State effective on 8/19/96.
    (121) On April 7, 1997, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a Reasonably Available Control 
Technology (RACT) determination for VOC emissions from PCC Structurals, 
Inc., Large Parts Campus, at 4600 SE Harney Drive, Portland, Oregon.
    (i) Incorporation by reference.
    (A) The letter dated April 7, 1997, from the Director of ODEQ 
submitting a SIP revision for a RACT determination contained in PCC 
Structurals, Inc.'s Oregon Title V Operating Permit for VOC emissions, 
consisting of permit 26-1867, expiration date 4-1-2000, 
effective date April 4, 1997. Only conditions 19, 20, and 21 in PCC 
Structurals' Addendum No. 2 to permit 26-1867 are incorporated 
into the SIP.
    (122) On August 30, 1996, the Director of the Oregon Department of 
Environmental Quality submitted to the Regional Administrator of EPA a 
revision to the Carbon Monoxide State Implementation Plan for the 
Portland area containing a Maintenance Plan that demonstrated continued 
attainment of the NAAQS for carbon monoxide through the year 2007.
    (i) Incorporation by reference.
    (A) Letter dated August 30, 1996, from Oregon to EPA requesting the 
redesignation of the Portland carbon monoxide nonattainment area to 
attainment and submitting the Maintenance Plan; Revision to the State 
Implementation Plan: Carbon Monoxide Maintenance Plan and Redesignation 
Request for the Portland Metro Area, adopted July 12, 1996.
    (B) Letter dated April 17, 1997, from Oregon to EPA submitting 
replacement pages to the Maintenance Plan and appendices.
    (ii) Additional material.
    (A) Appendices to the Maintenance Plan and Redesignation Request for 
Portland (Metro) Area--State Implementation Plan Revision for Carbon 
Monoxide, dated July 12, 1996: Appendix D2-1 (Volume 3), CO Air 
Monitoring Network; Appendix D2-2 (Volume 3), Meteorological Analysis; 
Appendix D2-3 (Volume 3), Review of Bag Study Results Which Demonstrates 
The DEQ Network of Sites Records Higher CO Concentrations Than Screened 
Intersections; Appendix D2-4 (Volume 3), Emission Inventory and Forecast 
Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-1 (Volume 3), 
Base Year (1990) Emission Inventory Portland (Metro) Area (Carbon 
Monoxide); Appendix D2-4-2 (Volume 3), Attainment Year (1991) Emission 
Inventory Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-3 
(Volume 3), Regional Emission Forecast Portland (Metro) Area; Appendix 
D2-4-4 (Volume 3), Subregional Emission Inventories and Forecast 
Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-5 (Volume 3), 
Metro Model Assumptions, Link-Based Emissions Calculation Methodology, 
and Travel Demand Forecasting Model Summary; Appendix D2-5 (Volume 3), 
Conformity Process; Appendix D2-6 (Volume 3), Historical and Projected 
Population and Households; Appendix D2-7 (Volume 3), Metro Council 
Resolution Concerning Portland CO Maintenance Plan, Emission Budgets, 
and Contingency Plan; Appendix D2-8 (Volume 3), CCTMP Zoning Codes 
Incorporated Into the Portland Carbon Monoxide Maintenance Plan; 
Appendix D2-9 (Volume 3), Motor Vehicle Inspection Program Changes; 
Appendix D2-10 (Volume 3), Land-Use Measures and TCM Substitution; 
Appendix D2-11 (Volume 3), New Source Review Program Changes; Appendix 
D2-12 (Volume 3), Rollforward Analysis; Appendix D2-13 (Volume 3), CCTMP 
Zoning Codes Used as Supporting Documentation in the Portland

[[Page 575]]

Carbon Monoxide Maintenance Plan; Appendix D2-14 (Volume 3), 
Miscellaneous Oregon Administrative Rule Amendments--Supporting Rules, 
OAR Chapter 340, Section 340-020-0047 (State of Oregon Clean Air Act 
Implementation Plan); and Sections 340-031-0520 and 340-031-0530 
(Maintenance Area Designation).
    (123) On May 22, 1997, ODEQ submitted changes to the definition of 
Volatile Organic Compounds (VOC) in the Oregon Administrative Rules 
(OAR) consistent with changes made in the federal definition and 
delisted certain compounds no longer considered VOCs under the new 
definition. On November 13, 1997, ODEQ submitted changes in the OAR that 
increased Air Contaminant Discharge Permit Fees for stationary sources 
to recover costs of operating the state permit program.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rules 340-022-0102(73) and 340-028-
0110(129), effective May 9, 1997; Oregon Administrative Rule 340-028-
1750, effective August 27, 1997.
    (124) On October 30, 1997 the director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a source specific Reasonable 
Available Control Technology (RACT) determination as a SIP revision for 
VOC emissions and standards.
    (i) Incorporation by reference.
    (A) Letter dated October 30, 1997 from the Director of ODEQ 
submitting a SIP revision for Dura Industries, Inc., an architectural 
surface coating operation in Portland, Oregon--permit 26-3112 
dated September 14, 1995.
    (125) On June 1, 1995 and January 22, 1997, the Director of ODEQ 
submitted to the Regional Administrator of EPA new sections to Division 
30 and revisions to Divisions 20, 21, 22, 25, and 30.
    (i) Incorporation by reference.
    (A) OAR-340-020-0047; OAR-340-022-0170; OAR-340-022-0840; OAR-340-
022-0930; OAR-340-022-0055; OAR-340-028-0110; OAR-340-028-0400; OAR-340-
028-0630; OAR-340-028-1010; OAR-340-028-1720; OAR-340-030-0015; OAR-340-
030-0044; OAR-340-030-0050; OAR-340-030-0055; OAR-340-030-0320; OAR-340-
030-0330: These rules were all state adopted on October 11, 1996.
    (126) On August 31, 1995, and October 8, 1996, the Director of ODEQ 
submitted to the Regional Administrator of EPA revisions to its Oregon 
SIP: the Oregon Administrative Rules (OAR) Chapter 340, Division 25, 
Specific Industrial Standards (OAR 340-25-305, 320 and 325).
    (i) Incorporation by reference.
    (A) August 31, 1995, letter from ODEQ to EPA submitting a revision 
to the Oregon Administrative Rules (OAR); OAR 340-25-305, State 
effective on February 17, 1995.
    (B) October 8, 1996, letter from ODEQ to EPA submitting a revision 
to the Oregon Administrative Rules (OAR); OAR 340-25-320 and OAR 340-25-
325, State effective on January 29, 1996.
    (127) December 9, 1996, letter from the Director, Oregon Department 
of Environmental Quality, to the Region 10 Regional Administrator, EPA, 
submitting the Attainment Plan for the Oakridge, Oregon PM-10 
nonattainment area as a revision to its SIP.
    (i) Incorporation by reference.
    (A) State Implementation Plan for PM-10 in Oakridge, dated August 
1996, and Appendices XII, XIII and XIV.
    (ii) Additional Material: Appendix I through VI and VIII through XI 
of the State Implementation Plan for PM-10 in Oakridge dated August 
1996.
    (128) On June 1, 1995 the State of Oregon submitted to EPA an 
attainment plan for the Lakeview PM10 nonattainment area. This SIP 
revision is designed to bring about the attainment of the PM10 NAAQS in 
Lakeview and satisfy Federal requirements applicable to moderate PM10 
nonattainment areas.
    (i) Incorporation by reference.
    (A) June 1, 1995 letter from the Director, Oregon Department of 
Environmental Quality, the Governor's designee, to Region 10 Regional 
Administrator, EPA, submitting the Lakeview, Oregon PM10 Control Plan.
    (B) Revision to the Oregon State Implementation Plan: Lakeview, 
Oregon PM10 Control Plan; Appendix 3, Lakeview Detailed Emissions 
Inventories; Appendix 4, Ordinances and Commitments; Appendix 5, 
Demonstration of Attainment; Appendix 9, Woodburning Curtailment Survey 
Protocol; Appendix 10, Legal Description

[[Page 576]]

of Lakeview PM10 Nonattainment Area.
    (C) Supporting regulations approved as part of the revision, state 
effective May 1, 1995: OAR 340-20-047; OAR 340-21-010, -012, -025, -200; 
OAR 340-30-043, -300, -310, -340; OAR 340-34-150, -200, -210.
    (129) The Environmental Protection Agency (EPA) approves various 
amendments to the Oregon State Air Quality Control Plan contained in a 
submittal to EPA, dated October 8, 1997.
    (i) Incorporation by reference.
    (A) EPA is approving or taking no action on the modified Oregon 
Transportation Conformity Rules submitted on October 8, 1998. EPA is 
approving: OAR 340-20-710, 340-20-720, 340-20-730, 340-20-750, 340-20-
760 340-20-770, 340-20-780, 340-20-790, 340-20-800, 340-20-810, 340-20-
820, 340-20-830, 340-20-840, 340-20-850, 340-20-860 340-20-870, 340-20-
880, 340-20-890, 340-20-900, 340-20-910 340-20-1000, 340-20-1010, 340-
20-1020, 340-20-1030, 340-20-1040, 340-20-1050, 340-20-1060 and 340-20-
1070, effective September 23, 1998.
    (B) EPA is taking no action on sections OAR 340-020-730(3), 340-020-
750(4), 340-020-750(4)(b), 340-020-800(3)-(6), 340-020-890(5), 340-020-
900(6)(c), 340-020-910(1)(b), 340-020-1000(1)(a) and (2), and 340-020-
1030(2).
    (C) EPA approves the changes made to certain sections of the Oregon 
Administrative Rules: ``Determining Conformity of General Federal 
Actions to State and Federal Implementation Plans' found in: OAR 340-
020-1510, 340-020-1520, 340-020-1530, 340-020-1570, 340-020-1580, and 
340-020-1590, effective September 23, 1998.
    (130) The Environmental Protection Agency (EPA) approves various 
amendments to the Oregon State RACT rules for volatile organic compounds 
which are contained in a submittal to EPA, dated December 7, 1998.
    (i) Incorporation by reference.
    (A) EPA is approving the revised Oregon Regulations, as effective 
October 12, 1998: OAR 340-022-0100; OAR 340-022-0102; OAR 340-022-0104; 
OAR 340-022-0106; OAR 340-022-0107; OAR 340-022-110; OAR 340-022-0120; 
OAR 340-022-0125; OAR 340-022-0130; OAR 340-022-0170; OAR 340-022-0175; 
OAR 340-022-0180; OAR 340-022-0300; OAR 340-022-0400; OAR 340-022-0401; 
and OAR 340-022-0402.
    (B) EPA is repealing/removing the following provision from the 
current incorporation by reference: OAR 340-022-0403, as effective 
August 14, 1996.
    (131) On December 3, 1998, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a revision to the definition 
section of the Oregon Administrative Rules (OAR), as effective October 
14, 1998.
    (i) Incorporation by reference.
    (A) OAR 340-028-0110, as effective October 14, 1998, except for the 
following: (16) Capture system, (25) Continuous compliance determination 
method, (27) Control device, (29) Data, (39)(b) Emission Limitation and 
Emission Standard, (47) Exceedance, (48) Excursion, (55) Inherent 
process equipment, (67) Monitoring, (86) Pollutant-specific emissions 
unit, (88) Predictive emission monitoring system (PEMS), Table 1, Table 
2, and Table 3.
    (B) Remove the following provision from the current incorporation by 
reference: OAR 340-028-0110, as effective October 6, 1995, except for 
Table 1, Table 2, and Table 3.
    (132) On June 18, 1999, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a SIP revision to repeal the 
Consumer Products Rules, repeal the Architectural Coatings Rules, revise 
and partially repeal the Motor Vehicle Refinishings Rules, and revise 
the Volatile Organic Compounds definitions.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rule (OAR) 340-022-0102 (73) and OAR 340-
028-0110 (139), as effective May 21, 1999; and OAR 340-022-0700, OAR 
340-022-0710, OAR 340-022-0740, and OAR 340-022-0760, as effective July 
12, 1999.
    (B) Remove the following provisions from the current incorporation 
by reference: OAR 340-022-0102 (73), as effective May 9, 1997; OAR 340-
028-0110 (139), as effective October 14, 1998; OAR 340-022-0800, OAR 
340-022-0820, OAR 340-022-0830, OAR 340-022-0850, and OAR 340-022-0860, 
OAR 340-022-0700, OAR 340-022-0720, OAR 340-022-0730, OAR 340-022-0740, 
OAR 340-022-0750, OAR 340-022-0760, OAR 340-022-1000, OAR 340-022-1020, 
OAR 340-022-1030, OAR 340-022-1040, and OAR 340-022-1050 as effective

[[Page 577]]

May 25, 1995; OAR 340-022-0840, as effective October 22, 1996; and OAR 
340-022-710, OAR 340-022-810, OAR 340-022-1010, as effective August 14, 
1996.
    (133) On November 10, 1999, the Oregon Department of Environmental 
Quality requested the redesignation of Grants Pass to attainment for 
carbon monoxide. The State's maintenance plan and base year emissions 
inventory are complete and the redesignation satisfies all the 
requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rule (OAR) 340-204-0030, OAR 340-204-0040, 
and OAR 340-204-0090, as effective October 22, 1999.
    (B) Remove without replacement the following provisions from the 
current incorporation by reference of the State Implementation Plan: OAR 
340-031-0520 and OAR 340-031-0530, as effective August 19, 1996 and OAR 
340-022-0470, as effective November 4, 1993.
    (134) On December 12, 1996, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted revisions to Lane Regional Air 
Pollution Authority (LRAPA) Title 32 and Title 33, as effective on 
November 20, 1994. On August 26, 1998, the Director of ODEQ submitted 
revisions to LRAPA Title 12, Title 30, and Title 33, as effective on 
March 8, 1994. On February 23, 2001, the Director of ODEQ submitted 
revisions to LRAPA Title 34, as effective June 13, 2000.
    (i) Incorporation by reference.
    (A) Title 12, as effective March 8, 1994; Title 30, as effective 
March 8, 1994, except for Section 30-020(2), Section 30-020(8), Section 
30-025(9), Section 30-030(1)(I), Section 30-030(2)(E), and Section 30-
045(3); Title 32, as effective November 10, 1994, except for Section 32-
075, Section 32-080, Section 32-095, Section 32-100, Section 32-101, 
Section 32-102, Section 32-103, and Section 32-104; Title 33, as 
effective November 10, 1994, except for Section 33-005, Section 33-020, 
Section 33-055, Section 33-070(1)(Definitions for Non-Condensibles, 
Other Sources, and Total Reduced Sulfur (TRS)), Section 33-070(3)(A), 
Section 33-070(6)(B), Section 33-070(7)(A), Section 33-070(7)(B), 
Section 33-070(8)(C)(1)(a), Section 33-070(8)(C)(2)(a), Section 33-080, 
and Section 33-085; and Title 34, as effective June 13, 2000, except for 
Section 34-025, Section 34-035, Section 34-060(6), Section 34-060(8), 
Section 34-080, Section 34-160, Section 34-170, Section 34-180, Section 
34-190, Section 34-200, Section 34-210, Section 34-220, and Section 34-
230.
    (B) Remove the following provisions from the current incorporation 
by reference: Section 12-005, Section 12-010, Section 12-020, and 
Section12-035 of Title 12, as effective November 8, 1983; Section 12-025 
of Title 12, as effective September 9, 1988; Title 12, as effective 
February 13, 1990; Title 14, as effective July 12, 1988; Title 15, as 
effective February 13, 1990; Section 32-005, Section 32-010, Section 32-
025, Section 32-030, Section 32-035, Section 32-040, Section 32-045, 
Section 32-055, Section 32-065, Section 32-100, Section 32-101, Section 
32-102, and Section 32-103 of Title 32, as effective 9-14-82; Section 
32-800 of Title 32, as effective 1-8-85; Section 32-104 and Section 32-
990 of Title 32, as effective 11-8-83; Section 33-020, Section 33-025, 
Section 33-030, Section 33-045, Section 33-055, Section 33-060, and 
Section 33-065 of Title 33, as effective 5-15-79; Section 33-070 of 
Title 33, as effective 9-14-82; Section 34-001, Section 34-010, Section 
34-015, Section 34-020, Section 34-025, Section 34-030, Section 34-035, 
Section 34-040, Section 34-045, Section 34-050, and Table A of Title 34, 
as effective 1-9-90; and Section 34-005 of Title 34, as effective 2-13-
90.
    (ii) Additional Material:
    (A) Title 15, Enforcement Procedure and Civil Penalties, as 
effective June 13, 1995.
    (135) The Oregon Department of Environmental Quality submitted a 
Visibility SIP revision on August 26, 1993, smoke management provisions 
on August 26, 1993, revisions to the Oregon field burning program on 
July 3, 1997, and amendments to the smoke management program regarding 
the Blue Mountains rules on September 27, 1995. EPA approves these 
revisions with the exception of the provision that changes the review 
period of the Visibility SIP from every three years to every 5 years 
(OAR 340-20-047 Section 5.2.4.2 and OAR 340-20-047 Section 5.2.5.1)
    (i) Incorporation by reference.
    (A) OAR 629-24-301 effective August 1, 1987.

[[Page 578]]

    (B) OAR 629-43-043 effective April 13, 1987.
    (C) ORS 477.515 effective 1971.
    (D) Directive 1-4-1-601, Operational Guidance for the Oregon Smoke 
Management Program, effective October 23, 1992.
    (E) OAR 340-26-0035 and 340-26-0040, effective March 10, 1993; OAR 
340-26-0001, 340-26-0031, 340-26-0033, and 340-26-0045, effective May 
11, 1993; 340-26-0003, 340-26-0005, 340-26-0010, 340-26-0012, 340-26-
0013, 340-26-0015, and 340-26-0055, effective May 31, 1994.
    (F) OAR 837-110-0010, 837-110-0020, 837-110-0030, 837-110-0040, 837-
110-0070, 837-110-0080, 837-110-0090, 837-110-0110, 837-110-0120, 837-
110-0130, and 837-110-0150, effective February 7, 1994; 837-110-0160, 
effective August 11, 1993; and 837-110-0050, 837-110-0060, and 837-110-
0140, effective February 7, 1989.
    (G) Union County Ordinance 1992-4 effective July 1, 1992.
    (H) Jefferson County Ordinance -0-58-89 effective May 31, 
1989.
    (I) Remove the following provision from the current incorporation by 
reference: OAR 340-26-025 effective March 7, 1984.
    (ii) Additional materials.
    (A) OAR 340-20-047 Section 5.2 effective August 11, 1992 (except 
section 5.2.4.2 and section 5.2.5.1 introductory paragraph)
    (B) ``Oregon Smoke Management Plan, Appendix 5, Operational Guidance 
for the Oregon Smoke Management Program, Criteria for National Forest 
and Bureau of Land Management Lands in the Blue Mountains of NE Oregon 
(Volume 3, Section A1)'', effective July 12, 1995.
    (136) On November 20, 2000, the Oregon Department of Environmental 
Quality requested the redesignation of Klamath Falls to attainment for 
carbon monoxide. The State's maintenance plan and base year emissions 
inventory are complete and the redesignation satisfies all the 
requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rule (OAR) 340-204-0030, OAR 340-204-0040, 
and OAR 340-204-0090, as effective October 25, 2000.
    (137) On May 31, 2001, the Oregon Department of Environmental 
Quality requested the redesignation of Medford to attainment for carbon 
monoxide. The State's maintenance plan, base/attainment year emissions 
inventory, and the redesignation request meet the requirements of the 
Clean Air Act.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rules 340-204-0090, as effective March 27, 
2001.
    (138) On December 15, 1998, the Director of the Oregon Department of 
Environmental Quality submitted a SIP revision to repeal the rule for 
parking offsets in the Portland Central Business District, as state 
effective September 23, 1998.
    (i) Incorporation by reference.
    (A) Remove the following provisions from the current incorporation 
by reference: OAR 340-020-0400, 340-020-0405, 340-020-0410, 340-020-
0420, and 340-020-0430.
    (139) On November 5, 1999, March 7, 2000, June 26, 2001, and 
November 4, 2002, the Oregon Department of Environmental Quality 
submitted numerous amendments to the Oregon Administrative Rules as 
revisions to the Oregon State implementation plan. The revisions 
included a rule recodification, a marine vapor loading rule, and 
permitting rules.
    (i) Incorporation by reference.
    (A) The following sections of Oregon Administrative Rule 340: 200-
0030, 202-0200, 204-0010, 204-0020, 204-0050, 204-0060, 204-0070, 204-
0080, 206-0010, 206-0020, 206-0030, 206-0040, 206-0050, 206-0060, 206-
0070, 210-0010, 210-0020, 212-0010, 212-0110, 214-0100, 214-0120, 222-
0030, 224-0020, 226-0200, 228-0010, 228-0020, 228-0100, 228-0110, 228-
0120, 228-0130, 228-0200, 228-0210, 232-0010, 232-0020, 232-0040, 232-
0050, 232-0060, 232-0070, 232-0080, 232-0085, 232-0090, 232-0100, 232-
0120, 232-0130, 232-0140, 232-0150, 232-0160, 232-0170, 232-0180, 232-
0190, 232-0200, 232-0210, 232-0220, 232-0230, 234-0010 (except 
paragraphs (25), (28)(a) & (46)), 234-0100, 234-0110, 234-0120, 234-
0130, 234-0140, 234-0200, 234-0210 (except paragraph (1)), 234-0220, 
234-0230, 234-0240 (except paragraph (2)), 234-0250 (except pargraphs 
(1) & (2)), 234-0260 (except paragraphs (3)(a)(A) & (3)(b)(A)), 234-
0270, 234-0300, 234-0310 (except paragraph (1)), 234-0320 (except 
paragraph (2)), 234-0330, 234-0340 (except paragraph (2)), 234-0350 
(except paragraph (1)), 234-0360 (except paragraph (3)(a)(A)), 234-0400, 
234-0410, 234-0420, 234-0430, 234-0500, 234-0510, 234-0520,

[[Page 579]]

234-0530, 236-0010, 236-0100, 236-0110, 236-0120 (except paragraphs 
(1)(a), (3)(a), & (3)(e)), 236-0130, 236-0140 (except the words 
``gaseous and particulate fluorides and'' in paragraph (1), paragraph 
(1)(b), the sentence ``A schedule for measurement of fluoride levels in 
forage for new plants and ambient air for new and existing plants shall 
be submitted.'' in paragraph (1)(c), the words ``and Method 13A or 13B 
and Method 14 or Method 14A for fluorides or other alternative method in 
40 CFR 63.849'' in paragraph (3)), 236-0150 (except paragraphs (1)(d) 
and (1)(e)), 236-0200, 236-0210, 236-0220, 236-0230, 236-0400, 236-0410, 
236-0420, 236-0430, 236-0440, 240-0010, 240-0100, 240-0300, 242-0010, 
242-0020, 242-0030, 242-0040, 242-0050, 242-0060, 242-0070, 242-0080, 
242-0090, 242-0100, 242-0110, 242-0120, 242-0130, 242-0140, 242-0150, 
242-0160, 242-0170, 242-0180, 242-0190, 242-0200, 242-0210, 242-0220, 
242-0230, 242-0240, 242-0250, 242-0260, 242-0270, 242-0280, 242-0290, 
242-0300, 242-0310, 242-0320, 242-0330, 242-0340, 242-0350, 242-0360, 
242-0370, 242-0380, 242-0390, 242-0400, 242-0410, 242-0420, 242-0430, 
242-0440, 242-0500, 242-0510, 242-0520, 242-0600, 242-0610, 242-0620, 
242-0630, 242-0700, 242-0710, 242-0720, 242-0730, 242-0740, 242-0750, 
242-0760, 242-0770, 242-0780, 242-0790, 250-0010, 250-0020, 250-0030, 
250-0040, 250-0050, 250-0060, 250-0070, 250-0080, 250-0090, 250-0100, 
252-0010, 252-0020 (except paragraph (3)), 252-0030, 252-0040, 252-0050 
(except paragraphs (4) & (5)(b)), 252-0060, 252-0070, 252-0080, 252-
0090, 252-0100 (except paragraphs (3) through (6)), 252-0110, 252-0120, 
252-0130, 252-0140, 252-0150, 252-0160, 252-0170, 252-0180, 252-0190 
(except paragraph (5)), 252-0200 (except paragraph (6)(c)), 252-0210 
(except paragraph (1)(b)), 252-0220 (except paragraphs (1)(a) & (2)), 
252-0230, 252-0240, 252-0250 (except paragraph (2)), 252-0260, 252-0270, 
252-0280, 252-0290, 258-0010, 258-0100, 258-0110, 258-0120, 258-0130, 
258-0140, 258-0150, 258-0160, 258-0170, 258-0180, 258-0190, 258-0200, 
258-0210, 258-0220, 258-0230, 258-0240, 258-0250, 258-0260, 258-0270, 
258-0280, 258-0290, 258-0300, 258-0310, 258-0400, 262-0010, 262-0020, 
262-0030, 262-0040, 262-0100, 262-0110, 262-0120, 262-0130, 262-0200, 
262-0210, 262-0220, 262-0230, 262-0240, 262-0250, 262-0300, 262-0310, 
262-0320, 262-0330, 266-0010, 266-0020, 266-0030, 266-0040, 266-0050, 
266-0060, 266-0070, 266-0080, 266-0090, 266-0100, 266-0110, 266-0120, 
266-0130, and 268-0020, as effective October 14, 1999; 204-0040, as 
effective October 25, 2000; 204-0090, as effective March 27, 2001; 232-
0030 and 232-0110 as effective June 1, 2001; 200-0010, 200-0020 (except 
paragraph(58)), 200-0025, 202-0010, 202-0050, 202-0060, 202-0070, 202-
0080, 202-0090, 202-0100, 202-0130, 202-0210, 202-0220, 204-0030, 209-
0010, 209-0020, 209-0030, 209-0040, 209-0050, 209-0060, 209-0070, 209-
0080, 210-0100, 210-0110, 210-0120, 210-0205, 210-0215, 210-0225, 210-
0230, 210-0240, 210-0250, 212-0120, 212-0130, 212-0140, 212-0150, 212-
0200, 212-0210, 212-0220, 212-0230, 212-0240, 212-0250, 212-0260, 212-
0270, 212-0280, 214-0010, 214-0110, 214-0114, 214-0130, 214-0200, 214-
0210, 214-0220, 216-0010, 216-0020, 216-0025, 216-0030, 216-0040, 216-
0052, 216-0054, 216-0056, 216-0060, 216-0064, 216-0066, 216-0070, 216-
0082, 216-0084, 216-0090, 216-0094, 222-0010, 222-0020, 222-0040, 222-
0042, 222-0043, 222-0045, 222-0070, 222-0080, 222-0090, 224-0010, 224-
0030, 224-0040, 224-0050, 224-0080, 224-0100, 225-0010, 225-0020(10), 
225-0030, 225-0040, 225-0070, 225-0090(1)(c), 226-0010, 226-0100, 226-
0110, 226-0120, 226-0130, 226-0140, 226-0210, 226-0300, 226-0310, 226-
0320, 226-0400, 240-0020, 240-0030, 240-0110, 240-0120, 240-0130, 240-
0140, 240-0150, 240-0160, 240-0170, 240-0180, 240-0190, 240-0200, 240-
0210, 240-0220, 240-0230, 240-0240, 240-0250, 240-0270, 240-0310, 240-
0320, 240-0330, 240-0340, 240-0350, 240-0360, 240-0400, 240-0410, 240-
0420, 240-0430, 240-0440, 268-0010, and 268-0030, as effective July 1, 
2001; 222-0041, 224-0060, 224-0070, 225-0020 (except paragraph (10)), 
225-0045, 225-0050, 225-0060, and 225-0090 (except paragraph (1)(c)), as 
effective October 8, 2002; 225-0020(10) and 225-0090(1)(c), as effective 
October 8, 2002, through April 6, 2003.
    (B) Remove the following old divisions of Oregon Administrative Rule 
340 from the current incorporation by reference: 12, 14, 20, 21 (except 
for sections 21-015, 21-050, 21-055, 21-060, 21-200, 21-205, 21-210, 21-
215, 21-220, 21-225, 21-230, 21-235, 21-240, and 21-245), 22, 25, 26, 
27, 28 (except for 28-1400, 28-1410, 28-1420, 28-1430, 28-1440, and 28-
1450), 30, 31, and 34.
    (ii) Additional Material:
    (A) The following sections of Oregon Administrative Rule 340: 
Division 12, 200-0100, 200-0110, 200-0120, as effective July 1, 2001; 
and 262-0050, as effective October 14, 1999.
    (140) On November 4, 2002, the Oregon Department of Environmental 
Quality requested the redesignation of Klamath

[[Page 580]]

Falls to attainment for PM-10. The State's maintenance plan and the 
redesignation request meet the requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rule 340-204-0040(3)(b) as effective 
October 8, 2002.
    (141) On November 4, 2002, the Oregon Department of Environmental 
Quality requested the redesignation of Grants Pass to attainment for PM-
10. The State's maintenance plan and the redesignation request meet the 
requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rules 340-204-0030 (except Notes) and 340-
204-0040 (except Notes), as effective October 8, 2002.
    (142) The Environmental Protection Agency (EPA) approves various 
amendments to the Oregon State Implementation Plan which are contained 
in four separate submittals to EPA, dated November 5, 1999, November 27, 
2000, January 10, 2003 and April 19, 2004 which include revisions to the 
inspection and maintenance program.
    (i) Incorporation by reference.
    (A) The following sections of the Oregon Administrative Rules 340: 
256-0200, 256-0310, 256-0330, 256-0340, 256-0350, 256-0370, 256-0380, 
256-0390, 256-0400, 256-0410, 256-0420, 256-0450, 256-0460, and 256-
0470, as effective October 14, 1999; 256-0355, 256-0440, and 256-0465, 
as effective October 25, 2000; 256-0356, as effective October 4, 2001; 
and 256-0010, 256-0300, as effective October 24, 2003.
    (B) Remove the following old sections of the Oregon Administrative 
Rules 340 from the current incorporation by reference: 024-100, 024-300, 
024-301, 024-305, 024-306, 024-307, 024-308, 024-309, 024-312, 024-314, 
024-318, 024-320, 024-325, 024-330, 024-332, 024-335, 024-337, 024-340, 
024-355, 024-357, and 024-360.
    (ii) Additional Material:
    (A) Oregon SIP Volume 2, Section 5.4, as effective October 24, 2003.
    (143) On December 2, 2002, the Oregon Department of Environmental 
Quality submitted a SIP revision to repeal the Perchloroethylene Dry 
Cleaning rule and revise related parts of the Introduction and 
Definitions sections of Division 232.
    (i) Incorporation by reference.
    (A) The following sections of the Oregon Administrative Rules 340: 
232-0010 and 232-0030, as effective December 26, 2001.
    (144) The Oregon Department of Environmental Quality submitted a 
Visibility SIP revision on January 22, 2003. EPA approves these 
revisions.
    (i) Incorporation by reference.
    (A) OAR 340-200-0040, Sections 5.2-5.11, effective May 3, 2002.
    (145) On December 27, 2004, the Oregon Department of Environmental 
Quality submitted to the Regional Administrator of EPA, the Second 
Portland Area Carbon Monoxide Maintenance Plan that demonstrates 
continued attainment of the NAAQS for carbon monoxide through the year 
2017.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rules, Chapter 340: 240-0090 and 240-0440, 
as effective December 15, 2004.
    (146) On October 25, 2005, the Oregon Department of Environmental 
Quality submitted a PM10 maintenance plan and requested redesignation of 
the La Grande PM10 nonattainment area to attainment for PM10. The 
State's maintenance plan and the redesignation request meet the 
requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rule 340-204-0030 and 0040, as effective 
September 9, 2005.
    (147) On October 25, 2005, the Oregon Department of Environmental 
Quality submitted a PM10 maintenance plan and requested redesignation of 
the Lakeview PM10 nonattainment area to attainment for PM10. The State's 
maintenance plan and the redesignation request meet the requirements of 
the Clean Air Act.
    (i) Incorporation by reference.
    (A) The following sections of Oregon Administrative Rule 340: 204-
0030, 204-0040, 224-0060 (2)(d) and 225-0020(8), as effective September 
9, 2005.
    (148) On March 10, 2005, the Oregon Department of Environmental 
Quality submitted a PM10 attainment and maintenance plan and requested 
redesignation of the Medford-Ashland PM10 nonattainment area to 
attainment for PM10. On May 14, 2004, the Oregon Department of 
Environmental Quality

[[Page 581]]

submitted revisions to Oregon Administrative Rules, Chapter 340, 
Divisions 224 and 225 to clarify the requirements for creating and using 
emission offsets and to make other minor revisions. The State's 
attainment and maintenance plan, redesignation request, and rule 
revisions meet the requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) The following sections of Oregon Administrative Rules 340: 204-
0010, 224-0070, 225-0045, 225-0090, 240-0030, 240-0100, 240-0110, 240-
0120, 240-0130, 240-0140, 240-0150, 240-0180, 240-0190, 240-0210, 240-
0220, and 240-0230 as effective January 4, 2005; 224-0010, 224-0030, 
224-0050, 224-0080, and 225-0050 as effective April 14, 2004 and; 224-
0060, and 225-0020 as effective September 9, 2005.
    (B) The following sections of the Codified Ordinances of Jackson 
County: 1810.01, as effective May 2, 1990; 1810.02, as effective August 
22, 2001; 1810.03, as effective December 20, 1989; 1810.04, as effective 
May 2, 1990; 1810.05, as effective May 2, 1990; 1810.06, as effective 
December 4, 1985; 1810.07, as effective August 22, 2001; 1810.08, as 
effective December 20, 1989; Exhibit A, as effective May 2, 1990; 
Exhibit B, as effective May 2, 1990; Exhibit C, as effective May 2, 
1990; and Exhibit D, as effective May 2, 1990.
    (C) The following sections of the Code of the City of Medford, 
Oregon: 5.550 as effective March 16, 2000; 7.220, as effective September 
17, 1998; 7.222, as effective September 17, 1998; 7.224, as effective 
September 17, 1998; 7.240 as effective August 2, 1990, and 7.242 as 
effective September 17, 1998.
    (D) The following sections of the City of Central Point Municipal 
Code: 8.01.010, 8.01.012, 8.01.014, 8.01.020, 8.01.030, and 8.01.032 as 
effective 1998; 8.04.040 H., as effective 1979; and 8.04.095 as 
effective 1994.
    (E) The following sections of the City of Ashland Municipal Code: 
10.30.005 and 10.30.010 as effective 1998; 10.30.020, as effective 2000; 
10.30.030 and 10.30.040, as effective 1993; 9.24.010, 9.24.020, 
9.24.030, 9.24.040, and 9.24.050 as effective 1998.
    (F) The following sections of the City of Talent ordinances: 
Ordinance 565, as effective August 20, 1992; and Ordinance 
98-635-0, as effective March 4, 1998.
    (G) The following sections of the City of Phoenix code: 8.16.040, as 
effective 1982; 8.16.050, as effective 1982; 8.16.090, as effective 
1982; 8.20.010, as effective 1998; 8.20.020, as effective 1998; 8.20.030 
as effective 1998; 8.20.040, as effective 1998; and 8.20.050 as 
effective 1998.
    (H) The following sections of the City of Jacksonville code: 
Ordinance 375, amending 8.08.100 of the Jacksonville Municipal Code as 
effective April 21, 1992; City of Jacksonville Code Chapter 8.10, as 
effective February 1992.
    (I) The following sections of the City of Eagle Point Code: 
8.08.160, as effective 2000; 8.08.170, as effective 1990; 8.08.180, as 
effective 1990; 8.08.190 as effective 1990; and 8.08.200 as effective 
1990.
    (J) Remove the following old sections of the Oregon Administrative 
Rules 340 from the current incorporation by reference: 240-0200, 240-
0240, and 240-0270.
    (ii) Additional Material.
    (A) The following sections of the Codified Ordinances of Jackson 
County: 1810.09 as effective December 20, 1989, and 1810.99, as 
effective October 29, 2003.
    (B) The following sections of the Code of the City of Medford, 
Oregon: 7.226, as effective November 20, 1989; and 7.300 as effective 
April 6, 2000.
    (C) The following sections of the City of Central Point Municipal 
Code: 8.04.100, 8.04.110, 8.04.120, 8.04.130, and 8.04.140 as effective 
1966, and 8.04.150 as effective 1995.
    (D) The following sections of the City of Ashland Municipal Code: 
10.30.050, as effective 1993; and 9.24.060, as effective 1998.
    (149) On August 9, 2007, the Oregon Department of Environmental 
Quality submitted a CO maintenance plan and requested redesignation of 
the Salem CO nonattainment area to attainment for CO. The State's 
maintenance plan and the redesignation request meet the requirements of 
the Clean Air Act.
    (i) Incorporation by reference.
    (A) The following revised sections of Oregon Administrative Rule 
340: 204-0030 Designation of Nonattainment

[[Page 582]]

Areas (1) and (2) and 204-0040 Designation of Maintenance Areas (except 
(2)(c)), as effective June 28, 2007.

[37 FR 10888, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1970, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1971  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Portland Interstate.......................................           I         IA       III         I          I
Southwest Oregon Intrastate...............................          II        III       III       III        III
Northwest Oregon Intrastate...............................         III        III       III       III        III
Central Oregon Intrastate.................................          II        III       III       III        III
Eastern Oregon Intrastate.................................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10888, May 31, 1972, as amended at 45 FR 42278, June 24, 1980]



Sec. 52.1972  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Oregon's plan for the attainment and maintenancce of the 
national standards under section 110 of the Clean Air Act.

[65 FR 29958, May 10, 2000]



Sec. 52.1973  Approval of plans.

    (a) Carbon monoxide.
    (1) EPA approves as a revision to the Oregon State Implementation 
Plan, the Second Portland Area Carbon Monoxide Maintenance Plan, 
effective December 15, 2004, and submitted to EPA on December 27, 2004.
    (2) EPA approves as a revision to the Oregon State Implementation 
Plan, the Salem carbon monoxide maintenance plan submitted to EPA on 
August 9, 2007.
    (b) Lead. [Reserved]
    (c) Nitrogen Dioxide. [Reserved]
    (d) Ozone. [Reserved]
    (e) Particulate Matter.
    (1) EPA approves as a revision to the Oregon State Implementation 
Plan, the Klamath Falls PM-10 maintenance plan submitted to EPA on 
November 4, 2002.
    (2) EPA approves as a revision to the Oregon State Implementation 
Plan, the Grants Pass PM-10 maintenance plan submitted to EPA on 
November 4, 2002.
    (3) EPA approves as a revision to the Oregon State Implementation 
Plan, the La Grande PM10 maintenance plan adopted by the Oregon 
Environmental Quality Commission on August 11, 2005 and submitted to EPA 
on October 25, 2005.
    (4) EPA approves as a revision to the Oregon State Implementation 
Plan, the Lakeview PM10 maintenance plan adopted by the Oregon 
Environmental Quality Commission on August 11, 2005 and submitted to EPA 
on October 25, 2005.
    (5) EPA approves as a revision to the Oregon State Implementation 
Plan, the Medford PM10 attainment and maintenance plan adopted by the 
Oregon Environmental Quality Commission on December 10, 2004 and 
submitted to EPA on March 10, 2005.
    (f) Sulfur Dioxide. [Reserved]

[68 FR 60041, Oct. 21, 2003, as amended at 68 FR 61116, Oct. 27, 2003; 
71 FR 3770, Jan. 24, 2006; 71 FR 3770, Feb. 23, 2006; 71 FR 35160, 
35163, 35174, June 19, 2006; 73 FR 79661, Dec. 30, 2008]



Sec. Sec. 52.1974-52.1976  [Reserved]



Sec. 52.1977  Content of approved State submitted implementation plan.

    The following sections of the State air quality control plan (as 
amended on the dates indicated) have been approved and are part of the 
current state implementation plan.

[[Page 583]]

               State of Oregon Air Quality Control Program

Volume 2-The Federal Clean Air Act Implementation Plan (and Other State 
                              Regulations)

Section

                         1. Introduction (1-86)

                    2. General Administration (1-86)

    2.1 Agency Organization (1-86)
    2.2 Legal Authority (1-86)
    2.3 Resources (1-86)
    2.4 Intergovernmental Cooperation and Consultation (1-86)
    2.5 Miscellaneous Provisions (1-86)

                   3. Statewide Regulatory Provisions

3.1 Oregon Administrative Rules--Chapter 340 Incorporation by Reference 
                            (March 24, 2003)

     Division 21--General Emission Standards for Particulate Matter

21-015 Visible Air Contaminant Limitations (1/29/96)

                           Fugitive Emissions

21-050 Definitions (1/29/96)
21-055 Applicability (3/10/93)
21-060 Requirements (3/10/93)

    Industrial Contingency Requirements for PM-10 Nonattainment Areas

21-200 Purpose (5/1/95)
21-205 Relation to other Rules (3/10/93)
21-210 Applicability (3/10/93)
21-215 Definitions (3/10/93)
21-220 Compliance Schedule for Existing Sources (3/10/93)
21-225 Wood-Waste Boilers (3/10/93)
21-230 Wood Particulate Dryers at Particleboard Plants (3/10/93)
21-235 Hardboard Manufacturing Plants (1/29/96)
21-240 Air Conveying Systems (3/10/93)
21-245 Fugitive Emissions (3/10/93)

                   Division 23--Rules for Open Burning

23-022 How to Use these Open Burning Rules (3/10/93)
23-025 Policy (3/10/93)
23-030 Definitions (6/16/84, except for paragraph (15) is 3/10/93)
23-035 Exemptions, Statewide (3/10/93)
23-040 General Requirements Statewide (3/10/93)
23-042 General Prohibitions Statewide (3/10/93)
23-043 Open Burning Schedule (3/10/93)
23-045 County Listing of Specific Open Burning Rules (3/10/93)

                        Open Burning Prohibitions

23-055 Baker, Clatsop, Crook, Curry, Deshutes, Gilliam, Grant, Harney, 
Hood River, Jefferson, Klamath, Lake, Lincoln, Malheur, Morrow, Sherman, 
Tillamook, Umatilla, Union, Wallowa, Wasco and Wheeler Counties (3/10/
93)
23-060 Benton, Linn, Marion, Polk, and Yamhill Counties (3/10/93)
23-065 Clackamas County (3/10/93)
23-070 Multnomah County (3/10/93)
23-075 Washington County (3/10/93)
23-080 Columbia County (3/10/93)
23-085 Lane County (3/10/93)
23-090 Coos, Douglas, Jackson and Josephine Counties (3/10/93)
23-100 Letter Permits (3/10/93)
23-105 Forced Air Pit Incinerators (3/10/93)
23-110 Records and Reports (3/10/93)
23-115 Open Burning Control Areas (3/10/93)

                       Division 24--Motor Vehicles

                 Pertaining to Motor Vehicles Inspection

24-100 County Designations (11/26/96)

  Motor Vehicle Emission Control Inspection Test Criteria, Methods and 
                                Standards

24-300 Scope (11/26/96)
24-301 Boundary Designations (3/10/93)
24-305 Definitions (11/26/96)
24-306 Government-Owned Vehicle, Permanent Fleet Vehicle and U.S. 
Government Vehicle Testing Requirements (11/26/96)
24-307 Motor Vehicle Inspection Program Fee Schedule (11/26/96)
24-308 Department of Defense Personnel Participating in the Privately 
Owned Vehicle Import Control Program (11/26/96)
24-309 Light Duty Motor Vehicle and Heavy Duty Gasoline Motor Vehicle 
Emission Control Test Method for Basic Program (11/26/96)
24-312 Light Duty Motor Vehicle Emission Control Test Method for 
Enhanced Program (11/26/96)
24-314 Motorcycle Noise Emission Control Test Method, except all 
language in (4)(a) referring to a ``sixth hill extrapolation'' (11/26/
96)
24-318 Renew Registration for Light Duty Motor Vehicles and Heavy Duty 
Gasoline Motor Vehicles Temporarily Operating Outside of Oregon (11/26/
96)
24-320 Light Duty Motor Vehicle Emission Control Test Criteria for Basic 
Program (11/26/96)
24-325 Heavy Duty Gasoline Motor Vehicle Emission Control Test Criteria 
(11/26/96)
24-330 Light Duty Motor Vehicle Emission Control Standards for Basic 
Program (11/26/96)
24-332 Light Duty Motor Vehicle Emission Control Standards for Enhanced 
Program (11/26/96)

[[Page 584]]

24-335 Heavy-Duty Gasoline Motor Vehicle Emission Control Emission 
Standards (11/26/96)
24-337 Motor Vehicle Propulsion Noise Standards (11/26/96)
24-340 Criteria for Qualifications of Persons Eligible to Inspect Motor 
Vehicles and Motor Vehicle Pollution Control Systems and Execute 
Certificates (11/26/96)
24-355 Gas Analytical System Licensing Criteria for Basic Program (11/
26/96)
24-357 Gas Analytical System Testing for Enhanced Program (11/26/96)
24-360 Agreement with Independent Contractor; Qualifications of 
Contractor; Agreement Provisions (11/26/96)

  Division 28--Stationary Source Air Pollution Control and Permitting 
                               Procedures

                Excess Emissions and Emergency Provision

28-1400 Purpose and Applicability (9/24/93)
28-1410 Planned Startup and Shutdown (9/24/96)
28-1420 Scheduled Maintenance (11/4/93)
28-1430 Upsets and Breakdowns (9/24/96)
28-1440 Reporting Requirements (11/4/93)
28-1450 Enforcement Action Criteria (9/24/93)

     Division 200--General Air Pollution Procedures and Definitions

200-0010 Purpose and Application (7/1/01)
200-0020 General Air Quality Definitions, except (58) (7/1/01)
200-0025 Abbreviations and Acronyms (7/1/01)
200-0030 Exceptions (10/14/99)

     Division 202--Ambient Air Quality Standards and PSD Increments

202-0010 Definitions (7/1/01)

                      Ambient Air Quality Standards

202-0050 Purpose and Scope of Ambient Air Quality Standards (7/1/01)
202-0060 Suspended Particulate Matter (7/1/01)
202-0070 Sulfur Dioxide (7/1/01)
202-0080 Carbon Monoxide (7/1/01)
202-0090 Ozone (7/1/01)
202-0100 Nitrogen Dioxide (7/1/01)
202-0130 Ambient Air Quality Standard for Lead (7/1/01)

           Prevention of Significant Deterioration Increments

202-0200 General (10/14/99)
202-0210 Ambient Air Increments (7/1/01)
202-0220 Ambient Air Ceilings (7/1/01)

             Division 204--Designation of Air Quality Areas

204-0010 Definitions (10/14/99)
204-0020 Designation of Air Quality Control Regions (10/14/99)
204-0030 Designation of Nonattainment Areas (7/1/01)
204-0040 Designation of Maintenance Areas (10/25/00)
204-0050 Designation of Prevention of Significant Deterioration Areas 
(10/14/99)
204-0060 Redesignation of Prevention of Significant Deterioration Areas 
(10/14/99)
204-0070 Special Control Areas (10/14/99)
204-0080 Motor Vehicle Inspection Boundary Designations (10/14/99)
204-0090 Oxygenated Gasoline Control Areas (3/27/01)

                 Division 206--Air Pollution Emergencies

206-0010 Introduction (10/14/99)
206-0020 Definitions (10/14/99)
206-0030 Episode Stage Criteria for Air Pollution Emergencies (10/14/99)
206-0040 Special Conditions (10/14/99)
206-0050 Source Emission Reduction Plans (10/14/99)
206-0060 Regional Air Pollution Authorities (10/14/99)
206-0070 Operations Manual (10/14/99)

                   Division 209--Public Participation

209-0010 Purpose (7/1/01)
209-0020 Applicability (7/1/01)
209-0030 Public Notice Categories and Timing (7/1/01)
209-0040 Public Notice Information (7/1/01)
209-0050 Public Notice Procedures (7/1/01)
209-0060 Persons Required To Be Notified (7/1/01)
209-0070 Hearing and Meeting Procedures (7/1/01)
209-0080 Issuance or Denial of a Permit (7/1/01)

        Division 210--Stationary Source Notification Requirements

210-0010 Applicability (10/14/99)
210-0020 Definitions (10/14/99)

                              Registration

210-0100 Registration in General (7/1/01)
210-0110 Registration Requirements (7/1/01)
210-0120 Re-Registration (7/1/01)

              Notice of Construction and Approval of Plans

210-0205 Applicability (7/1/01)
210-0215 Requirement (7/1/01)
210-0225 Types of Construction/Modification Changes (7/1/01)
210-0230 Notice to Construct (7/1/01)
210-0240 Construction Approval (7/1/01)
210-0250 Approval to Operate (7/1/01)

         Division 212--Stationary Source Testing and Monitoring

212-0010 Definitions (10/14/99)

                    Sampling, Testing and Measurement

212-0110 Applicability (10/14/99)

[[Page 585]]

212-0120 Program (7/1/01)
212-0130 Stack Heights and Dispersion Techniques (7/1/01)
212-0140 Methods (7/1/01)
212-0150 Department Testing (7/1/01)

                     Compliance Assurance Monitoring

212-0200 Purpose and Applicability (7/1/01)
212-0210 Monitoring Design Criteria (7/1/01)
212-0220 Submittal Requirements (7/1/01)
212-0230 Deadlines for Submittals (7/1/01)
212-0240 Approval of Monitoring Plans (7/1/01)
212-0250 Operation of Approved Monitoring (7/1/01)
212-0260 Quality Improvement Plan (QIP) Requirements (7/1/01)
212-0270 Reporting and Recordkeeping Requirements (7/1/01)
212-0280 Savings Provisions (7/1/01)

         Division 214--Stationary Source Reporting Requirements

214-0010 Definitions (7/1/01)

                                Reporting

214-0100 Applicability (10/14/99)
214-0110 Request for Information (7/1/01)
214-0114 Records; Maintaining and Reporting (7/1/01)
214-0120 Enforcement (10/14/99)
214-0130 Information Exempt from Disclosure (7/1/01)

         Emission Statements for VOC and NOX Sources

214-0200 Purpose and Applicability (7/1/01)
214-0210 Requirements (7/1/01)
214-0220 Submission of Emission Statement (7/1/01)

             Division 216--Air Contaminant Discharge Permits

216-0010 Purpose (7/1/01)
216-0020 Applicability (7/1/01)
216-0025 Types of Permits (7/1/01)
216-0030 Definitions (7/1/01)
216-0040 Application Requirements (7/1/01)
216-0052 Construction ACDP (7/1/01)
216-0054 Short Term Activity ACDPs (7/1/01)
216-0056 Basic ACDPs (7/1/01)
216-0060 General Air Contaminant Discharge Permits (7/1/01)
216-0064 Simple ACDP (7/1/01)
216-0066 Standard ACDPs (7/1/01)
216-0070 Permitting Multiple Sources at a Single Adjacent or Contiguous 
Site (7/1/01)
216-0082 Termination or Revocation of an ACDP (7/1/01)
216-0084 Department Initiated Modification (7/1/01)
216-0090 Sources Subject to ACDPs and Fees (7/1/01)
216-0094 Temporary Closure (7/1/01)

       Division 222--Stationary Source Plant Site Emission Limits

222-0010 Policy (7/1/01)
222-0020 Applicability (7/1/01)
222-0030 Definitions (10/14/99)

          Criteria for Establishing Plant Site Emission Limits

222-0040 Generic Annual PSEL (7/1/01)
222-0041 Source Specific Annual PSEL (10/8/02)
222-0042 Short Term PSEL (7/1/01)
222-0043 General Requirements for All PSEL (7/1/01)
222-0045 Unassigned Emissions (7/1/01)
222-0070 Plant Site Emission Limits for Insignificant Activities (7/1/
01)
222-0080 Plant Site Emission Limit Compliance (7/1/01)
222-0090 Combining and Splitting Sources (7/1/01)

                  Division 224--Major New Source Review

224-0010 Applicability and General Prohibitions (7/1/01)
224-0020 Definitions (10/14/99)
224-0030 Procedural Requirements (7/1/01)
224-0040 Review of New Sources and Modifications for Compliance with 
Regulations (7/1/01)
224-0050 Requirements for Sources in Nonattainment Areas (7/1/01)
224-0060 Requirements for Sources in Maintenance Areas (10/8/02)
224-0070 Prevention of Significant Deterioration Requirements for 
Sources in Attainment or Unclassified Areas (10/8/02)
224-0080 Exemptions (7/1/01)
224-0100 Fugitive and Secondary Emissions (7/1/01)

             Division 225--Air Quality Analysis Requirements

225-0010 Purpose (7/1/01)
225-0020 Definitions (10/8/02 and 10/8/02 thru 4/6/03)
225-0030 Procedural Requirements (7/1/01)
225-0040 Air Quality Models (7/1/01)
225-0045 Requirements for Analysis in Maintenance Areas (10/8/02)
225-0050 Requirements for Analysis in PSD Class II and Class III Areas 
(10/8/02)
225-0060 Requirements for Demonstrating Compliance with Standards and 
Increments in PSD Class I Areas (10/8/02)
225-0070 Requirements for Demonstrating Compliance with AQRV Protection 
(7/1/01)
225-0090 Requirements for Demonstrating a Net Air Quality Benefit (10/8/
02 and 10/8/02 thru 4/6/03)

                Division 226--General Emission Standards

226-0010 Definitions (7/1/01)

[[Page 586]]

           Highest and Best Practicable Treatment and Control

226-0100 Policy and Application (7/1/01)
226-0110 Pollution Prevention (7/1/01)
226-0120 Operating and Maintenance Requirements (7/1/01)
226-0130 Typically Achievable Control Technology (7/1/01)
226-0140 Additional Control Requirements for Stationary Sources of Air 
Contaminants (7/1/01)

                         Grain Loading Standards

226-0200 Applicability (10/14/99)
226-0210 Particulate Emission Limitations for Sources Other Than Fuel 
Burning and Refuse Burning Equipment (7/1/01)

              Particulate Emissions From Process Equipment

226-0300 Applicability (7/1/01)
226-0310 Emission Standard (7/1/01)
226-0320 Determination of Process Weight (7/1/01)

                      Alternative Emission Controls

226-0400 Alternative Emission Controls (Bubble) (7/1/01)

 Division 228--Requirements for Fuel Burning Equipment and Fuel Sulfur 
                                 Content

228-0010 Applicability (10/14/99)
228-0020 Definitions (10/14/99)

                         Sulfur Content of Fuels

228-0100 Residual Fuel Oils (10/14/99)
228-0110 Distillate Fuel Oils (10/14/99)
228-0120 Coal (10/14/99)
228-0130 Exemptions (10/14/99)

          General Emission Standards for Fuel Burning Equipment

228-0200 Sulfur Dioxide Standards (10/14/99)
228-0210 Grain Loading Standards (10/14/99)

         Division 232--Emission Standards for VOC Point Sources

232-0010 Introduction (10/14/99)
232-0020 Applicability (10/14/99)
232-0030 Definitions (6/1/01)
232-0040 General Non-categorical Requirements (10/14/99)
232-0050 Exemptions (10/14/99)
232-0060 Compliance Determination (10/14/99)
232-0070 Gasoline Dispensing Facilities (10/14/99)
232-0080 Bulk Gasoline Plants (10/14/99)
232-0085 Gasoline Delivery Vessel(s) (10/14/99)
232-0090 Bulk Gasoline Terminals (10/14/99)
232-0100 Testing Vapor Transfer and Collection Systems (10/14/99)
232-0110 Loading Gasoline onto Marine Tank Vessels (6/1/01)
232-0120 Cutback and Emulsified Asphalt (10/14/99)
232-0130 Petroleum Refineries (10/14/99)
232-0140 Petroleum Refinery Leaks (10/14/99)
232-0150 Liquid Storage (10/14/99)
232-0160 Surface Coating in Manufacturing (10/14/99)
232-0170 Aerospace Component Coating Operations (10/14/99)
232-0180 Degreasers (10/14/99)
232-0190 Open Top Vapor Degreasers (10/14/99)
232-0200 Conveyorized Degreasers (10/14/99)
232-0210 Asphaltic and Coal Tar Pitch Used for Roofing Coating (10/14/
99)
232-0220 Flat Wood Coating (10/14/99)
232-0230 Rotogravure and Flexographic Printing (10/14/99)
232-0240 Perchloroethylene Dry Cleaning (10/14/99)

      Division 234--Emission Standards for Wood Products Industries

234-0010 Definitions, excluding (25), (28)(a) & (46) (10/14/99)

                          Wigwam Waste Burners

234-0100 Statement of Policy and Applicability (10/14/99)
234-0110 Authorization to Operate a Wigwam Burner (10/14/99)
234-0120 Emission and Operation Standards for Wigwam Waste Burners (10/
14/99)
234-0130 Monitoring and Reporting (10/14/99)
234-0140 Existing Administrative Agency Orders (10/14/99)

                            Kraft Pulp Mills

234-0200 Statement of Policy and Applicability (10/14/99)
234-0210 Emission Limitations, excluding (1) (10/14/99)
234-0220 More Restrictive Emission Limits (10/14/99)
234-0230 Plans and Specifications (10/14/99)
234-0240 Monitoring, excluding (2) (10/14/99)
234-0250 Reporting, excluding (1) & (2) (10/14/99)
234-0260 Upset Conditions, excluding (3)(a)(A) & (3)(b)(A) (10/14/99)
234-0270 Chronic Upset Conditions (10/14/99)

             Neutral Sulfite Semi-Chemical (NSSC) Pulp Mills

234-0300 Applicability (10/14/99)
234-0310 Emission Limitations, excluding (1) (10/14/99)
234-0320 More Restrictive Emission Limits, excluding (2) (10/14/99)
234-0330 Plans and Specifications (10/14/99)
234-0340 Monitoring, excluding (2) (10/14/99)
234-0350 Reporting, excluding (1) (10/14/99)
234-0360 Upset Conditions, excluding (3)(a)(A) (10/14/99)

[[Page 587]]

                           Sulfite Pulp Mills

234-0400 Statement of Policy and Applicability (10/14/99)
234-0410 Minimum Emission Standards (10/14/99)
234-0420 Monitoring and Reporting (10/14/99)
234-0430 Exceptions (10/14/99)

  Board Products Industries (Veneer, Plywood, Particleboard, Hardboard)

234-0500 Applicability and General Provisions (10/14/99)
234-0510 Veneer and Plywood Manufacturing Operations (10/14/99)
234-0520 Particleboard Manufacturing Operations (10/14/99)
234-0530 Hardboard Manufacturing Operations (10/14/99)

        Division 236--Emission Standards for Specific Industries

236-0010 Definitions (10/14/99)

                       Primary Aluminum Standards

236-0100 Statement of Purpose (10/14/99)
236-0110 Applicability (10/14/99)
236-0120 Emission Standards, excluding (1)(a), (3)(a), & (3)(e) (10/14/
99)
236-0130 Special Problem Areas (10/14/99)
236-0140 Monitoring, excluding references to fluorides (10/14/99)
236-0150 Reporting, excluding (1)(d) and (1)(e) (10/14/99)

                 Laterite Ore Production of Ferronickel

236-0200 Statement of Purpose (10/14/99)
236-0210 Applicability (10/14/99)
236-0220 Emission Standards (10/14/99)
236-0230 Monitoring and Reporting (10/14/99)

                         Hot Mix Asphalt Plants

236-0400 Applicability (10/14/99)
236-0410 Control Facilities Required (10/14/99)
236-0420 Other Established Air Quality Limitations (10/14/99)
236-0430 Portable Hot Mix Asphalt Plants (10/14/99)
236-0440 Ancillary Sources of Emission--Housekeeping of Plant Facilities 
(10/14/99)

       Division 240--Rules for Areas With Unique Air Quality Needs

240-0010 Purpose (10/14/99)
240-0020 Emission Limitations (7/1/01)
240-0030 Definitions (7/1/01)

  The Medford-Ashland Air Quality Maintenance Area and the Grants Pass 
                            Urban Growth Area

240-0100 Applicability (10/14/99)
240-0110 Wood Waste Boilers (7/1/01)
240-0120 Veneer Dryer Emission Limitations (7/1/01)
240-0130 Air Conveying Systems (Medford-Ashland AQMA Only) (7/1/01)
240-0140 Wood Particle Dryers at Particleboard Plants (7/1/01)
240-0150 Hardboard Manufacturing Plants (7/1/01)
240-0160 Wigwam Waste Burners (7/1/01)
240-0170 Charcoal Producing Plants (7/1/01)
240-0180 Control of Fugitive Emissions (Medford-Ashland AQMA Only) (7/1/
01)
240-0190 Requirement for Operation and Maintenance Plans (Medford-
Ashland AQMA Only) (7/1/01)
240-0200 Emission-Limits Compliance Schedules (7/1/01)
240-0210 Continuous Monitoring (7/1/01)
240-0220 Source Testing (7/1/01)
240-0230 New Sources (7/1/01)
240-0240 Rebuilt Boilers (7/1/01)
240-0250 Open Burning (7/1/01)
240-0270 Dual-Fueling Feasibility Study for Wood-Waste Boilers (7/1/01)

                       La Grande Urban Growth Area

240-0300 Applicability (10/14/99)
240-0310 Compliance Schedule for Existing Sources (7/1/01)
240-0320 Wood-Waste Boilers (7/1/01)
240-0330 Wood Particle Dryers at Particleboard Plants (7/1/01)
240-0340 Hardboard Manufacturing Plants (7/1/01)
240-0350 Air Conveying Systems (7/1/01)
240-0360 Fugitive Emissions (7/1/01)

                     The Lakeview Urban Growth Area

240-0400 Applicability (7/1/01)
240-0410 Control of Fugitive Emissions (7/1/01)
240-0420 Requirement for Operation and Maintenance Plans (7/1/01)
240-0430 Source Testing (7/1/01)
240-0440 Open Burning (7/1/01)

           Division 242--Rules Applicable to the Portland Area

                    Employee Commute Options Program

242-0010 What is the Employee Commute Options Program? (10/14/99)
242-0020 Who is subject to ECO? (10/14/99)
242-0030 What Does ECO Require? (10/14/99)
242-0040 How does the Department Enforce ECO? (10/14/99)
242-0050 Definitions of Terms used in these Rules (10/14/99)
242-0060 Should All Employees at a Work Site Be Counted? (10/14/99)
242-0070 What are the Major Requirements of ECO? (10/14/99)
242-0080 What are the Registration Requirements? (10/14/99)
242-0090 What are the Requirements for an Employee Survey? (10/14/99)
242-0100 Special Requirements for Employers Intending to Comply without 
an Approved Plan (10/14/99)
242-0110 What if the Employer Does Not Meet the Target Auto Trip Rate? 
(10/14/99)

[[Page 588]]

242-0120 How Will Employers Demonstrate Progress Toward the Target Auto 
Trip Rate? (10/14/99)
242-0130 What Is the Schedule Employers Must Follow To Implement ECO? 
(10/14/99)
242-0140 How Should Employers Account for Changes in Work Force Size? 
(10/14/99)
242-0150 How Can an Employer Reduce Auto Commute Trips to a Work Site? 
(10/14/99)
242-0160 What Should be Included in an Auto Trip Reduction Plan? (10/14/
99)
242-0170 When Will the Department Act on a Submitted Auto Trip Reduction 
Plan? (10/14/99)
242-0180 What is a Good Faith Effort? (10/14/99)
242-0190 How Does the ECO Program Affect New Employers, Expanding 
Employers and Employers Relocating Within the Portland AQMA? (10/14/99)
242-0200 Can A New or Relocating Employer Comply with ECO Through 
Restricted Parking Ratios? (10/14/99)
242-0210 Can An Existing Employer Comply With ECO Through Restricted 
Parking Ratios? (10/14/99)
242-0220 What if an Employer Has More Than One Work Site Within The 
Portland AQMA? (10/14/99)
242-0230 Can Employers Submit a Joint Plan? (10/14/99)
242-0240 Are There Alternatives to Trip Reduction? (10/14/99)
242-0250 What Alternatives Qualify as Equivalent Emission Reductions? 
(10/14/99)
242-0260 Can Employers Get Credit For Existing Trip Reduction Programs? 
(10/14/99)
242-0270 Are Exemptions Allowed If An Employer Is Unable to Reduce Trips 
Or Take Advantage of Alternate Compliance Options? (10/14/99)
242-0280 Participation In the Industrial Emission Management Program 
(10/14/99)
242-0290 What Kind of Records Must Be Kept and For How Long? (10/14/99)

                 Voluntary Maximum Parking Ratio Program

242-0300 What is the Voluntary Parking Ratio Program? (10/14/99)
242-0310 Who can Participate in the Voluntary Parking Ratio Program? 
(10/14/99)
242-0320 Definitions of Terms and Land Uses (10/14/99)
242-0330 How Does a Property Owner Comply with the Voluntary Parking 
Ratio Program? (10/14/99)
242-0340 What are the Incentives for Complying with the Voluntary 
Parking Ratio Program? (10/14/99)
242-0350 Why do I Need A Parking Ratio Permit? (10/14/99)
242-0360 What is Required to Obtain A Parking Ratio Permit? (10/14/99)
242-0370 How is the Parking Ratio Program Enforced? (10/14/99)
242-0380 When will the Department Act on a Submitted Permit Application? 
(10/14/99)
242-0390 What are the Applicable Parking Ratios? (10/14/99)

                 Industrial Emission Management Program

242-0400 Applicability (10/14/99)
242-0410 Definition of Terms (10/14/99)
242-0420 Unused PSEL Donation Program (10/14/99)
242-0430 Industrial Growth Allowances (10/14/99)
242-0440 Industrial Growth Allowance Allocation (10/14/99)

    Gasoline Vapors From Gasoline Transfer and Dispensing Operations

242-0500 Purpose and Applicability (10/14/99)
242-0510 Definitions (10/14/99)
242-0520 General Provisions (10/14/99)

                        Motor Vehicle Refinishing

242-0600 Applicability (10/14/99)
242-0610 Definitions (10/14/99)
242-0620 Requirements for Motor Vehicle Refinishing in Portland AQMA 
(10/14/99)
242-0630 Inspecting and Testing Requirements (10/14/99)

                               Spray Paint

242-0700 Applicability (10/14/99)
242-0710 Definitions (10/14/99)
242-0720 Spray Paint Standards and Exemptions (10/14/99)
242-0730 Requirements for Manufacture, Sale, and Use of Spray Paint (10/
14/99)
242-0740 Recordkeeping and Reporting Requirements (10/14/99)
242-0750 Inspection and Testing Requirements (10/14/99)

                      Area Source Common Provisions

242-0760 Applicability (10/14/99)
242-0770 Compliance Extensions (10/14/99)
242-0780 Exemption from Disclosure to the Public (10/14/99)
242-0790 Future Review (10/14/99)

                    Division 250--General Conformity

250-0010 Purpose (10/14/99)
250-0020 Applicability (10/14/99)
250-0030 Definitions (10/14/99)
250-0040 Conformity Analysis (10/14/99)
250-0050 Reporting Requirements (10/14/99)
250-0060 Public Participation (10/14/99)
250-0070 Frequency of Conformity Determinations (10/14/99)
250-0080 Criteria for Determining Conformity of General Federal Actions 
(10/14/99)
250-0090 Procedures for Conformity Determinations for General Federal 
Actions (10/14/99)
250-0100 Mitigation of Air Quality Impacts (10/14/99)

[[Page 589]]

                 Division 252--Transportation Conformity

252-0010 Purpose (10/14/99)
252-0020 Applicability, except (3) (10/14/99)
252-0030 Definitions (10/14/99)
252-0040 Priority (10/14/99)
252-0050 Frequency of Conformity Determinations, except (4) & (5)(b) 
(10/14/99)
252-0060 Consultation (10/14/99)
252-0070 Content of Transportation Plans (10/14/99)
252-0080 Relationship of Transportation Plan & TIP Conformity with the 
NEPA Process (10/14/99)
252-0090 Fiscal Constraints for Transportation Plans & TIPs (10/14/99)
252-0100 Criteria & Procedures for Determining Conformity of 
Transportation Plans, Programs, and Projects: General, except (3) 
through (6) (10/14/99)
252-0110 Criteria & Procedures: Latest Planning Assumptions (10/14/99)
252-0120 Criteria & Procedures: Latest Emissions Model (10/14/99)
252-0130 Criteria & Procedures: Consultation (10/14/99)
252-0140 Criteria & Procedures: Timely Implementation of TCMs (10/14/99)
252-0150 Criteria & Procedures: Currently Conforming Transportation Plan 
and TIP (10/14/99)
252-0160 Criteria & Procedures: Projects from a Plan & TIP (10/14/99)
252-0170 Criteria & Procedures: Localized CO and PM-10 Violations (Hot 
spots) (10/14/99)
252-0180 Criteria & Procedures: Compliance w/PM-10 Control Measures (10/
14/99)
252-0190 Criteria & Procedures: Motor vehicle Emissions Budget, except 
(5) (10/14/99)
252-0200 Criteria & Procedures: Emission Reductions in Areas Without 
Motor Vehicle Emissions Budgets, except (6)(c) (10/14/99)
252-0210 Consequences of Control Strategy Implementation Plan Failures, 
except (1)(b) (10/14/99)
252-0220 Requirements for Adoption or Approval of Projects by Other 
Recipients of Funds Designated under Title 23 U.S.C. or the Federal 
Transit Laws, except (1)(a) & (2) (10/14/99)
252-0230 Procedures for Determining Regional Transportation-Related 
Emissions (10/14/99)
252-0240 Procedures for Determining Localized CO and PM-10 
Concentrations (Hot-Spot Analysis) (10/14/99)
252-0250 Using the Motor Vehicle Emissions Budget in the Applicable 
Implementation Plan (or Implementation Plan Submission), except (2) (10/
14/99)
252-0260 Enforceability of Design Concept and Scope and Project-Level 
Mitigation and Control Measures (10/14/99)
252-0270 Exempt Projects (10/14/99)
252-0280 Projects Exempt from Regional Emissions Analyses (10/14/99)
252-0290 Traffic Signal Synchronization Projects (10/14/99)

             Division 258--Motor Vehicle Fuel Specifications

258-0010 Definitions (10/14/99)

                           Oxygenated Gasoline

258-0100 Policy (10/14/99)
258-0110 Purpose and General Requirements (10/14/99)
258-0120 Sampling & Testing for Oxygen Content (10/14/99)
258-0130 Compliance Options (10/14/99)
258-0140 Per Gallon Oxygen Content Standard (10/14/99)
258-0150 Average Oxygen Content Standard (10/14/99)
258-0160 Minimum Oxygen Content (10/14/99)
258-0170 Oxygenated Gasoline Blending (10/14/99)
258-0180 Registration (10/14/99)
258-0190 CAR, Distributor and Retail Outlet Operating Permits (10/14/99)
258-0200 Owners of Gasoline at Terminals, Distributors and Retail 
Outlets Required to Have Indirect Source Operating Permits (10/14/99)
258-0210 Recordkeeping (10/14/99)
258-0220 Reporting (10/14/99)
258-0230 Prohibited Activities (10/14/99)
258-0240 Inspection and Sampling (10/14/99)
258-0250 Liability for Violation of a Prohibited Activity (10/14/99)
258-0260 Defenses for Prohibited Activities (10/14/99)
258-0270 Inability to Produce Conforming Gasoline Due to Extraordinary 
Circumstances (10/14/99)
258-0280 Quality Assurance Program (10/14/99)
258-0290 Attest Engagements Guidelines when Prohibited Activities 
Alleged (10/14/99)
258-0300 Dispenser Labeling (10/14/99)
258-0310 Contingency Provision for Carbon Monoxide Nonattainment Areas 
(10/14/99)

                    Standard for Automotive Gasoline

258-0400 Reid Vapor Pressure for Gasoline (10/14/99)

                  Division 262--Residential Woodheating

262-0010 Purpose (10/14/99)
262-0020 Definitions (10/14/99)

                             Woodstove Sales

262-0030 Requirements for Sale of Woodstoves (10/14/99)
262-0040 Exemptions (10/14/99)

                     Woodstove Certification Program

262-0100 Applicability (10/14/99)
262-0110 Emissions Performance Standards and Certification (10/14/99)

[[Page 590]]

262-0120 General Certification Procedures (10/14/99)
262-0130 Labeling Requirements (10/14/99)

                         Woodburning Curtailment

262-0200 Applicability (10/14/99)
262-0210 Determination of Air Stagnation Conditions (10/14/99)
262-0220 Prohibition on Woodburning During Periods of Air Stagnation 
(10/14/99)
262-0230 Public Information Program (10/14/99)
262-0240 Enforcement (10/14/99)
262-0250 Suspension of Department Program (10/14/99)

                  Woodstove Removal Contingency Program

262-0300 Applicability (10/14/99)
262-0310 Removal and Destruction of Uncertified Stove Upon Sale of Home 
(10/14/99)
262-0320 Home Seller's Responsibility to Verify Stove Destruction (10/
14/99)
262-0330 Home Seller's Responsibility to Disclose (10/14/99)

          Division 266--Field Burning Rules (Willamette Valley)

266-0010 Introduction (10/14/99)
266-0020 Policy (10/14/99)
266-0030 Definitions (10/14/99)
266-0040 General Requirements (10/14/99)
266-0050 Registration, Permits, Fees, Records (10/14/99)
266-0060 Acreage Limitations, Allocations (10/14/99)
266-0070 Daily Burning Authorization Criteria (10/14/99)
266-0080 Burning by Public Agencies (Training Fires) (10/14/99)
266-0090 Preparatory Burning (10/14/99)
266-0100 Experimental Burning (10/14/99)
266-0110 Emergency Burning, Cessation (10/14/99)
266-0120 Propane Flaming (10/14/99)
266-0130 Stack Burning (10/14/99)

                Division 268--Emission Reduction Credits

268-0010 Applicability (7/1/01)
268-0020 Definitions (10/14/99)
268-0030 Emission Reduction Credits (7/1/01)

          3.2 Lane Regional Air Pollution Authority Regulations

    (LRAPA effective date)/EPA SIP effective date
    Title 11 Policy and General Provisions
    11-005 Policy (10-9-79)/11-8-93
    11-010 Construction and Validity (10-9-79)/11-8-93

              Title 12 Definitions (3-8-94)/October 2, 2001

       Title 16 Home Wood Heating Curtailment Program Enforcement

    16-001 Purpose (7-13-93)/10-24-94
    16-010 Definitions (7-13-93)/10-24-94
    16-100 Civil Penalty Schedule (7-13-93)/10-24-94
    16-110 Classification of Violations (7-13-93)/10-24-94
    16-120 Notice of Violation (7-13-93)/10-24-94
    16-130 Appeal of Civil Penalty (7-13-93)/10-24-94
    16-140 Conducting Contested Case Evidentiary Hearings (7-13-93)/10-
24-94
    16-150 Evidentiary Rules (7-13-93)/10-24-94
    16-160 Final Orders (7-13-93)/10-24-94
    16-170 Default Orders (7-13-93)/10-24-94
Title 30 Incinerator Regulations
    30-005 Purpose and Applicability (3-8-94)/October 2, 2001
    30-010 Definitions (3-8-94)/October 2, 2001
    30-015 Best Available Control Technology for Solid and Infectious 
Waste Incinerators (3-8-94)/October 2, 2001
    30-020 Emission Limitations for Solid and Infectious Waste 
Incinerators *except for sections (2) & (8) (3-8-94)/October 2, 2001
    30-025 Design and Operation for Solid and Infectious Waste 
Incinerators *except for section (9) (3-8-94)/October 2, 2001
    30-030 Continuous Emission Monitoring for Solid and Infectious Waste 
Incinerators *except for sections (1)(I) & (2)(E) (3-8-94)/October 2, 
2001
    30-035 Reporting and Testing for Solid and Infectious Waste 
Incinerators (3-8-94)/October 2, 2001
    30-040 Compliance for Solid and Infectious Waste Incinerators (3-8-
94)/October 2, 2001
    30-045 Emission Limitations of Crematory Incinerators *except for 
section (3) (3-8-94)/October 2, 2001
    30-050 Design and Operation of Crematory Incinerators (3-8-94)/
October 2, 2001
    30-055 Monitoring and Reporting for Crematory Incinerators (3-8-94)/
October 2, 2001
    30-060 Compliance of Crematory Incinerators (3-8-94)/October 2, 2001
Title 32 Emission Standards
    32-001 Definitions (11-10-94)/October 2, 2001
    32-005 Highest and Best Practicable Treatment and Control Required 
(11-10-94)/October 2, 2001
    32-006 Pollution Prevention (11-10-94)/October 2, 2001
    32-007 Operating and Maintenance Requirements (11-10-94)/October 2, 
2001
    32-008 Typically Achievable Control Technology (TACT) (11-10-94)/
October 2, 2001
    32-009 Additional Control Requirements for Stationary Sources of Air 
Contaminants (11-10-94)/October 2, 2001
    32-010 Visible Air Contaminant Limitations (11-10-94)/October 2, 
2001
    32-015 Particulate Matter Weight Standards (11-10-94)/October 2, 
2001

[[Page 591]]

    32-020 Particulate Matter Weight Standards--Existing Combustion 
Sources (11-10-94)/October 2, 2001
    32-030 Particulate Matter Weight Standards--New Combustion Sources 
(11-10-94)/October 2, 2001
    32-045 Process Weight Emission Limitations (11-10-94)/ October 2, 
2001
    32-055 Particulate Matter Size Standard (11-10-94)/October 2, 2001
    32-060 Airborne Particulate Matter (9-14-82)/11-8-93
    32-060 Air Conveying Systems (11-10-94)/October 2, 2001
    32-065 Sulfur Content of Fuels (11-10-94)/October 2, 2001
    32-070 Sulfur Dioxide Emission Limitations (11-10-94)/October 2, 
2001
    32-090 Other Emissions (11-10-94)/October 2, 2001
    Table 1 Table of Allowable Rate of Particulate Emissions--Based on 
Process Weight (11-10-94)/October 2, 2001

Title 33 Prohibited Practices and Control of Special Classes of Industry

    33-030 Concealment and Masking of Emissions(11-10-94)/October 2, 
2001
    33-045 Gasoline Tanks (11-10-94)/October 2, 2001
    33-060 Board Products Industries (Hardwood, Particleboard, Plywood, 
Veneer) (11-10-94)/October 2, 2001
    33-065 Charcoal Producing Plants (11-10-94)/October 2, 2001
    33-070 Kraft Pulp Mills *except sections (1)(Definitions of Non-
Condensibles, Other Sources, and Total Reduced Sulfur (TRS)), (3)(A), 
(6)(B), (7)(A), (7)(B), (8)(C)(1)(a), & (8)(C)(2)(a) (11-10-94)/October 
2, 2001
    33-075 Hot Mix Asphalt Plants (11-10-94)/October 2, 2001
    Title 34 Stationary Source Rules and Permitting Procedures
    34-001 General Policy and Rule Organization (6-13-00)/October 2, 
2001
    34-005 Definitions (6-13-00)/October 2, 2001

               Rules Applicable to All Stationary Sources

    34-010 Applicability (6-13-00)/October 2, 2001
    34-015 Request for Information (6-13-00)/October 2, 2001
    34-020 Information Exempt from Disclosure (6-13-00)/October 2, 2001
    34-030 Source Registration (6-13-00)/October 2, 2001
    34-040 Compliance Schedules for Existing Sources Affected by New 
Rules (6-13-00)/October 2, 2001

 Rules Applicable to Sources Required To Have ACDP or Title V Operating 
                                 Permits

    34-050 Applicability (6-13-00)/October 2, 2001
    34-060 Plant Site Emission Limit Rules (6-13-00)/October 2, 2001 
*except for sections (6) and (8)
    34-070 Sampling, Testing and Monitoring of Air Contaminant Emissions 
(6-13-00)/October 2, 2001

 Rules Applicable to Sources Required To Have Air Contaminant Discharge 
                             Permits (ACDP)

    34-090 Purpose and Applicability (6-13-00)/October 2, 2001
    34-100 Permit Categories (6-13-00)/October 2, 2001
    34-110 Permit Required (6-13-00)/October 2, 2001
    34-120 Synthetic Minor Sources (6-13-00)/October 2, 2001
    34-130 General Procedures for Obtaining ACDP Permits (6-13-00)/
October 2, 2001
    34-140 Permit Duration (6-13-00)/October 2, 2001
    34-150 ACDP Fees (6-13-00)/October 2, 2001
    Table A Air Contaminant Sources and Associated Fee Schedule (6-13-
00)/October 2, 2001
Title 38 New Source Review
    38-001 General Applicability (2-13-90)/11-8-93
    38-005 Definitions (2-13-90)/11-8-93
    38-010 General Requirements for Major Sources and Major 
Modifications (2-13-90)/11-8-93
    38-015 Additional Requirements for Major Sources or Major 
Modifications Located in Nonattainment Areas (2-13-90)/11-8-93
    38-020 Additional Requirements for Major Sources or Major 
Modifications in Attainment or Unclassified Areas (Prevention of 
Significant Deterioration) (2-13-90)/11-8-93
    38-025 Exemptions for Major Sources and Major Modifications (2-13-
90)/11-8-93
    38-030 Baseline for Determining Credits for Offsets (2-13-90)/11-8-
93
    38-035 Requirements for Net Air Quality Benefit for Major Sources 
and Major Modifications (2-13-90)/11-8-93
    38-040 Emission Reduction Credit Banking (2-13-90)/11-8-93
    38-045 Requirements for Non-Major Sources and Non-Major 
Modifications (2-13-90)/11-8-93
    38-050 Stack Height and Dispersion Techniques (2-13-90)/11-8-93

    Title 39 Contingency for PM10 Sources in Eugene-Springfield Non-
                             Attainment Area

    39-001 Purpose (11-13-91)/10-24-94
    39-005 Relation to Other Rules (11-13-91)/10-24-94
    39-010 Applicability (11-13-91)/10-24-94
    39-015 Definitions (11-13-91)/10-24-94
    39-020 Compliance Schedule for Existing Sources (11-13-91)/10-24-94
    39-025 Wood-Waste Boilers (11-13-91)/10-24-94

[[Page 592]]

    39-030 Veneer Dryers (11-13-91)/10-24-94
    39-035 Particleboard Plants and Wood Particle Dryers (11-13-91)/10-
24-94
    39-040 Kraft Pulp Mills (11-13-91)/10-24-94
    39-050 Air Conveying Systems (11-13-91)/10-24-94
    39-055 Fugitive Dust (11-13-91)/10-24-94
    39-060 Open Burning (11-13-91)/10-24-94

Title 47 Rules for Open Outdoor Burning 47-001 General Policy (8-14-84)/
                                 11-8-93

    47-005 Statutory Exemptions from These Rules (8-14-84)/11-8-93
    47-010 Definitions (1-1-93)/3-13-95
    47-015 Open Burning Requirements (1-1-93)/3-13-95
    47-020 Letter Permits (1-1-93)/3-13-95
    47-030 Summary of Seasons, Areas, and Permit Requirements for Open 
Outdoor Burning (1-1-93)/3-13-95
Title 50 Ambient Air Standards 50-005 General (7-12-88)/11-8-93
    50-015 Suspended Particulate Matter (7-12-88)/11-8-93
    50-025 Sulfur Dioxide (7-12-88)/11-8-93
    50-030 Carbon Monoxide (7-12-88)/11-8-93
    50-035 Ozone (7-12-88)/11-8-93
    50-040 Nitrogen Dioxide (7-12-88)/11-8-93
    50-045 Lead (7-12-88)/11-8-93
Title 51 Air Pollution Emergencies
    51-005 Introduction (7-12-88)/11-8-93
    51-010 Episode Criteria (7-12-88)/11-8-93
    51-015 Emission Reduction Plans (7-12-88)/11-8-93
    51-020 Preplanned Abatement Strategies (7-12-88)/11-8-93
    51-025 Implementation (7-12-88)/11-8-93
    Table I Air Pollution Episode, Alert Condition Emission Reduction 
Plan (7-12-88)/11-8-93
    Table II Air Pollution Episode, Warning Conditions Emission 
Reduction Plan (7-12-88)/11-8-93

 3.3 OAR Chapter 629-43-043 Smoke Management Plan Administrative Rules 
                               (12-12-86)

          4. Control Strategies for Nonattainment Areas (1-86)

    4.1 Portland-Vancouver AQMA-Total Suspended Particulate (12-19-80)
    4.2 Portland-Vancouver AQMA-Carbon Monoxide (7-16-82)
    4.3 Portland-Vancouver AQMA-Ozone (7-16-82)
    4.4 Salem Nonattainment Area-Carbon Monoxide (7-79)
    4.5 Salem Nonattainment Area-Ozone (9-19-80)
    4.6 Eugene-Springfield AQMA-Total Suspended Particulate (1-30-81)
    4.7 Eugene-Springfield AQMA-Carbon Monoxide (6-20-79)
    4.8 Medford-Ashland AQMA-Ozone (1-85)
    4.9 Medford-Ashland AQMA-Carbon Monoxide (8-82)
    4.10 Medford-Ashland AQMA-Particulate Matter (4-83)
    4.11 Grants Pass Nonattainment-Carbon Monoxide (10-84)

   5. Control Strategies for Attainment and Nonattainment Areas (1-86)

    5.1 Statewide Control Strategies for Lead (1-83)
    5.2 Visibility Protection Plan (10-24-86)
    5.3 Prevention of Significant Deterioration (1-86)

                6. Ambient Air Quality Monitoring Program

    6.1 Air Monitoring Network (1-86)
    6.2 Data Handling and Analysis Procedures (1-86)
    6.3 Episode Monitoring (1-86)

                     7. Emergency Action Plan (1-86)

                      8. Public Involvement (1-86)

                 9. Plan Revisions and Reporting (1-86)

                          Volume 3--Appendices

     Statewide Regulatory Provisions and Administration (Appendix A)

Directive 1-4-1-601 Operational Guidance for the Oregon SmokeManagement 
          Program/Slash Burning Smoke Management Plan (App. A1)
Field Burning Smoke Management Plan (App. A2)
Interagency Memoranda of Understanding Lead Agency Designations (App. 
          A3)
Source Sampling Manual (App. A4)
Air Quality Monitoring Quality Assurance Procedures Manual (App. A5)
Continuous Monitoring Manual (App. A6)

         Control Strategies for Nonattainment Areas (Appendix B)

                    Portland-Vancouver AQMA (App. B1)

Legal Definition of TSP Nonattainment Area Boundaries (App. B1-1)
Carbon Monoxide Monitoring Program (App. B1-2)
Carbon Monoxide Emission Inventories (App. B1-3)
Volatile Organic Compound Emission Inventories (App. B1-4)
Input Factors Used to Develop Motor Vehicle EI's (App. B1-5)

                   Salem Nonattainment Area (App. B2)

Study Area (App. B2-1)
Emission Inventories (App. B2-2)
Existing Programs and Plans (App. B2-3)
Carbon Monoxide Analysis (App. B2-4)

                    Eugene-Springfield AQMA (App. B3)

Unpaved Road Dust Inventory (App. B3-1)
Phase II Work Plans (App. B3-2)

[[Page 593]]

                     Medford-Ashland AQMA (App. B4)

Legal Description of the Medford-Ashland AQMA (App. B4-1)
Documentation of Ozone Standard Attainment Projection (App. B4-2)
Air Quality Work Plan (App. B4-3)
Volatile Organic Compound Emissions Inventory (App. B4-4)
Carbon Monoxide Emission Inventory (App. B4-5)
Reasonably Available Transportation Measures (App. B4-6)
Description of the Projected TSP Nonattainment Area (App. B4-7)
Attainment Dates for Newly Designated Nonattainment Areas (App. B4-8)

                Statewide Control Strategies (Appendix C)

Lead (App. C1)
Lead Emission Inventories for Portland-Vancouver AQMA (App. C1-1)

[59 FR 25334, May 16, 1994, as amended at 60 FR 2692, Jan. 11, 1995; 66 
FR 40620, Aug. 3, 2001; 68 FR 2904, Jan. 22, 2003]



Sec. Sec. 52.1978-52.1981  [Reserved]



Sec. 52.1982  Control strategy: Ozone.

    (a) Part D--Approval. (1) The Salem/ Portland and Medford/Ashland 
area attainment plans are approved as satisfying Part D requirements 
with the following clarification as to their implementation:
    (i) DEQ source test method 24 will be used in conjunction with 
method 25 for determining compliance of surface coating operations.
    (ii) The phrase ``in most cases'' in rule OAR 340-232-0060(1) 
applies to approximately 1,200 gasoline service stations where 
compliance is determined by observing whether specific emission control 
equipment, selected from a specific list on file at DEQ, is in place and 
operating properly.

[46 FR 54940, Nov. 5, 1981, as amended at 68 FR 2909, Jan. 22, 2003]



Sec. Sec. 52.1983-52.1986  [Reserved]



Sec. 52.1987  Significant deterioration of air quality.

    (a) The Oregon Department of Environmental Quality rules for the 
prevention of significant deterioration of air quality (provisions of 
OAR chapter 340, Divisions 200, 202, 209, 212, 216, 222, 224, 225, and 
268), as in effect on October 8, 2002, are approved as meeting the 
requirements of title I, part C, subpart 1 of the Clean Air Act, as in 
effect on July 1, 2002, for preventing significant deterioration of air 
quality.
    (b) The Lane Regional Air Pollution Authority rules for permitting 
new and modified major stationary sources (Title 38 New Source Review) 
are approved, in conjunction with the Oregon Department of Environmental 
Quality rules, in order for the Lane Regional Air Pollution Authority to 
issue prevention of significant deterioration permits within Lane 
County.
    (c) The requirements of sections 160 through 165 of the Clean Air 
Act are not met for Indian reservations since the plan does not include 
approvable procedures for preventing the significant deterioration of 
air quality on Indian reservations and, therefore, the provisions of 
Sec. 52.21 except paragraph (a)(1) are hereby incorporated and made 
part of the applicable plan for Indian reservations in the State of 
Oregon.

[58 FR 47391, Sept. 9, 1993, as amended at 62 FR 10462, Mar. 7, 1997; 68 
FR 11324, Mar. 10, 2003; 68 FR 2909, Jan. 22, 2003; 68 FR 11324, Mar. 
10, 2003; 68 FR 20072, Apr. 24, 2003; 68 FR 74490, Dec. 24, 2003]



Sec. 52.1988  Air contaminant discharge permits.

    (a) Except for compliance schedules under OAR 340-200-0050, emission 
limitations and other provisions contained in Air Contaminant Discharge 
Permits issued by the State in accordance with the provisions of the 
Federally-approved rules for Air Contaminant Discharge Permits (OAR 
chapter 340, Division 216), Plant Site Emission Limit (OAR chapter 340, 
Division 222), Alternative Emission Controls (OAR 340-226-0040) and 
Public Participation (OAR chapter 340, Division 209), shall be 
applicable requirements of the Federally-approved Oregon SIP (in 
addition to any other provisions) for the purposes of section 113 of the 
Clean Air Act and shall be enforceable by EPA and by any person in the 
same manner as other requirements of the SIP. Plant site emission limits 
and alternative emission limits (bubbles) established in Federal 
Operating Permits issued by the State in accordance with the Federally-
approved rules for Plant Site Emission Limit (OAR chapter 340, Division 
222)

[[Page 594]]

and Alternative Emission Controls (OAR 340-226-0040), shall be 
applicable requirements of the Federally-approved Oregon SIP (in 
addition to any other provisions) for the purposes of section 113 of the 
Clean Air Act and shall be enforceable by EPA and by any person in the 
same manner as other requirements of the SIP.
    (b) Emission limitations and other provisions contained in Air 
Contaminant Discharge Permits and Federal Operating Permits established 
by the Lane Regional Air Pollution Authority pursuant to the rules 
applicable to sources required to have ACDP or Title V Operating Permits 
(Title 34, Sections 050, 060 (except for 060(6) ``Plant Site Emission 
Limits for Sources of Hazardous Air Pollutants'' and 060(8) 
``Alternative Emission Controls (Bubble)''), and 070) and the rules 
applicable to sources required to have air contaminant discharge permits 
(ACDP) (Title 34, Sections 090 through 150), shall be applicable 
requirements of the Federally-approved Oregon SIP (in addition to any 
other provisions) for the purposes of Section 113 of the Clean Air Act 
and shall be enforceable by EPA and by any person in the same manner as 
other requirements of the SIP.

[62 FR 10462, Mar. 7, 1997, as amended at 66 FR 40622, Aug. 3, 2001; 68 
FR 2909, Jan. 22, 2003]



                         Subpart NN_Pennsylvania



Sec. 52.2020  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for Pennsylvania under section 110 of the Clean Air 
Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air 
quality standards.
    (b) Incorporation by reference. (1) Material listed as incorporated 
by reference in paragraphs (c) and (d) of this section 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 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 on or 
after December 1, 2008 will be incorporated by reference in the next 
update to the SIP compilation.
    (2)(i) EPA Region III certifies that the following rules/regulations 
and source-specific requirements provided by EPA at the addresses in 
paragraph (b)(3) of this section are an exact duplicate of the 
officially promulgated State rules/regulations and source-specific 
requirements which have been approved as part of the State 
implementation plan as of December 1, 2008:
    (A) Materials in Notebook ``1. 40 CFR 52.2020(c)(1)--Pa Department 
of Transportation (Pa DOT); 2. 40 CFR 52.2020(c)(2)--Allegheny County 
Health Department (ACHD); 3. 40 CFR 52.2020(c)(3)--Philadelphia Air 
Management Services (AMS).''
    (B) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 6.''
    (ii) EPA Region III certifies that the following rules/regulations 
and source specifc requirements provided by EPA at the addresses in 
paragraph (b)(3) of this section are an exact duplicate of the 
officially promulgated State rules/regulations which have been approved 
as part of the State implementation plan as of November 1, 2006. No 
additional revisions were made between November 1, 2006 and December 1, 
2008:
    (A) Materials in Notebook ``40 CFR 52.2020(c)(1)--Pa Department of 
Environmental Protection (DEP).''
    (B) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 1, Part 1.''
    (C) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 1, Part 2.''
    (D) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 2, Part 1.''
    (E) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 2, Part 2.''
    (F) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 3.''
    (G) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 4.''
    (H) Materials in Notebook ``40 CFR 52.2020(d)(1)--Source-specific 
Requirements--Volume 5.''

[[Page 595]]

    (I) Materials in Notebook ``40 CFR 52.2020(d)(2)-(d)(4)--Source-
specific Requirements.''
    (3) Copies of the materials incorporated by reference may be 
inspected at the EPA Region III Office at 1650 Arch Street, 
Philadelphia, PA 19103. For further information, call (215) 814-2108; 
the EPA, Air and Radiation Docket and Information Center, Room Number 
3334, EPA West Building, 1301Constitution Avenue NW., Washington, DC 
20460. For further information, call (202) 566-1742; or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (c) EPA-Approved Regulations

                                    (1) EPA-Approved Pennsylvania Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State                               Additional
          State citation                Title/subject      effective    EPA approval date    explanation/  Sec.
                                                             date                             52.2063 citation
----------------------------------------------------------------------------------------------------------------
                                       Title 25--Environmental Protection
                                           Article III--Air Resources
                                         Chapter 121--General Provisions
----------------------------------------------------------------------------------------------------------------
Section 121.1.....................  Definitions.........    12/11/04  9/29/06, 71 FR 57428  Revised; SIP-
                                                                                             effective date is
                                                                                             10/30/06.
Section 121.2.....................  Purpose.............     3/20/72  5/31/72, 37 FR 10842  (c)(1).
Section 121.3.....................  Applicability.......     3/20/72  5/31/72, 37 FR 10842  (c)(1).
Section 121.4.....................  Regional                 5/23/92  12/22/94, 59 FR       (c)(94).
                                     Organization of the               65971.
                                     Department.
Section 121.7.....................  Prohibition of Air       3/20/72  5/31/72, 37 FR 10842  (c)(1).
                                     Pollution.
Section 121.8.....................  Compliance               8/13/77  12/17/79, 44 FR       (c)(21); correction
                                     responsibilities.                 73031.                published 8/22/80
                                                                                             (45 FR 56060).
Section 121.9.....................  Circumvention.......     3/20/72  5/31/72, 37 FR 10842  (c)(1).
Section 121.10....................  Existing orders.....     3/20/72  5/31/72, 37 FR 10842  (c)(1).
Section 121.11....................  Severability clause.     3/20/72  5/31/72, 37 FR 10842  (c)(1); no longer in
                                                                                             PA DEP rules.
----------------------------------------------------------------------------------------------------------------
                                     Chapter 123--Standards for Contaminants
----------------------------------------------------------------------------------------------------------------
                                               Fugitive Emissions
----------------------------------------------------------------------------------------------------------------
Section 123.1(a) through (c)......  Prohibition of           8/29/77  12/17/79, 44 FR       (c)(21); Paragraph
                                     certain fugitive                  73031.                123.1(d) is not in
                                     emissions.                                              the SIP.
Section 123.2.....................  Fugitive particulate     8/13/83  7/27/84, 49 FR 30183  (c)(60).
                                     matter.
----------------------------------------------------------------------------------------------------------------
                                          Particulate Matter Emissions
----------------------------------------------------------------------------------------------------------------
Section 123.11....................  Combustion units....     3/20/72  5/31/72, 37 FR 10842  (c)(1).
Appendix A [Graph]................  Particulate Matter--     3/20/72  5/31/72, 37 FR 10842  (c)(1).
                                     Combustion Units.
Section 123.12....................  Incinerators........     3/20/72  5/31/72, 37 FR 10842  (c)(1).
Section 123.13(a) through (c).....  Processes...........     8/27/80  11/13/81, 46 FR       (c)(39); paragraph
                                                                       55971.                123.13(d) is not in
                                                                                             the SIP.
Appendix B [Graph]................  Particulate Matter--     3/20/72  5/31/72, 37 FR 10842  (c)(1).
                                     Processes Listed in
                                     Table 1.
Appendix C [Graph]................  Particulate Matter--     3/20/72  5/31/72, 37 FR 10842  (c)(1).
                                     Processes Not
                                     Listed in Table 1.
----------------------------------------------------------------------------------------------------------------
                                            Sulfur Compound Emissions
----------------------------------------------------------------------------------------------------------------
Section 123.21....................  General.............     3/20/72  5/31/72, 37 FR 10842  (c)(1).
Section 123.22....................  Combustion units.        3/20/72  5/31/72, 37 FR 10842  (c)(1).
                                     [General
                                     provisions--air
                                     basins and non-air
                                     basins.

[[Page 596]]

 
Section 123.22(a).................  Combustion units--        8/1/79  8/18/81, 46 FR 43423  (c)(36); approved as
                                     non air basins.                                         part of the control
                                                                                             strategy for the
                                                                                             Armstrong County
                                                                                             sulfur dioxide
                                                                                             nonattainment area.
Section 123.22(b).................  Combustion units--        8/1/79  8/8/79, 44 FR 46465.  (c)(20); correction
                                     Erie Air Basin.                                         published 1/23/80
                                                                                             (45 FR 5303).
Section 123.22(c).................  Combustion units--       10/1/78  6/4/79, 44 FR 31980.  (c)(18).
                                     Southeast PA Air
                                     Basin.
Section 123.22(c).................  Combustion units--       8/21/82  7/5/83, 48 FR 30630.  (c)(53).
                                     Upper Beaver Valley
                                     Air Basin.
Section 123.22(d).................  Combustion units--        1/1/81  12/16/81, 46 FR       (c)(40).
                                     Lower Beaver Valley               61267.
                                     Air Basin.
Figure 4 [Graph]..................  Sulfur Oxides--          3/20/72  5/31/72, 37 FR 10842  (c)(1).
                                     Combustion Units.
Section 123.24....................  Primary zinc             8/11/75  4/30/76, 41 FR 18077  (c)(14).
                                     smelters.
Section 123.25....................  Monitoring              10/27/90  6/30/93, 58 FR 34911  (c)(81).
                                     requirements.
----------------------------------------------------------------------------------------------------------------
                                                 Odor Emissions
----------------------------------------------------------------------------------------------------------------
Section 123.31....................  Limitations.........     3/20/72  5/31/72, 37 FR 10842  (c)(1); SIP version
                                                                                             of Section 123.31
                                                                                             is different from
                                                                                             State version.
----------------------------------------------------------------------------------------------------------------
                                                Visible Emissions
----------------------------------------------------------------------------------------------------------------
Section 123.41....................  Limitations.........     3/20/72  5/31/72, 37 FR 10842  (c)(1).
Section 123.42 (Except paragraph    Exceptions..........     3/20/72  5/31/72, 37 FR 10842  (c)(1); Paragraph
 123.42(4)).                                                                                 123.42(4) is
                                                                                             declared not in SIP
                                                                                             at (c)(21).
Section 123.43....................  Measuring Techniques     3/20/72  5/31/72, 37 FR 10842  (c)(1).
Section 123.44....................  Limitations of          12/27/97  6/11/02, 67 FR 39854  (c)(189).
                                     visible fugitive
                                     air contaminants
                                     from operation of
                                     any coke oven
                                     battery.
Section 123.45....................  Alternative opacity      6/20/81  1/19/83, 48 FR 2319.  (c)(48).
                                     limitations.
Appendix D [Chart]................  Alternate Opacity        6/20/81  1/19/83, 48 FR 2319.  (c)(48).
                                     Limitation--Applica
                                     tion.
Section 123.46....................  Monitoring               6/20/81  1/19/83, 48 FR 2319.  (c)(48).
                                     requirements.
----------------------------------------------------------------------------------------------------------------
                                           Nitrogen Compound Emissions
----------------------------------------------------------------------------------------------------------------
Section 123.51....................  Monitoring              10/20/90  9/23/92, 57 FR 43905  (c)(74).
                                     requirements.
----------------------------------------------------------------------------------------------------------------
                                           NOX Allowance Requirements
----------------------------------------------------------------------------------------------------------------
Section 123.101...................  Purpose.............     11/1/97  6/6/00, 65 FR 35840.  (c)(145).
Section 123.102...................  Source NOX allowance     11/1/97  6/6/00, 65 FR 35840.  (c)(145).
                                     requirements and
                                     NOX allowance
                                     control period.
Section 123.103...................  General NOX              11/1/97  6/6/00, 65 FR 35840.  (c)(145).
                                     allowance
                                     provisions.
Section 123.104...................  Source authorized        11/1/97  6/6/00, 65 FR 35840.  (c)(145).
                                     account
                                     representative
                                     requirements.
Section 123.105...................  NATS provisions.....     11/1/97  6/6/00, 65 FR 35840.  (c)(145).
Section 123.106...................  NOX allowance            11/1/97  6/6/00, 65 FR 35840.  (c)(145).
                                     transfer protocol.
Section 123.107...................  NOX allowance            11/1/97  6/6/00, 65 FR 35840.  (c)(145).
                                     transfer procedures.
Section 123.108...................  Source emissions         11/1/97  6/6/00, 65 FR 35840.  (c)(145).
                                     monitoring
                                     requirements.
Section 123.109...................  Source emissions         11/1/97  6/6/00, 65 FR 35840.  (c)(145).
                                     reporting
                                     requirements.
Section 123.110...................  Source compliance        11/1/97  6/6/00, 65 FR 35840.  (c)(145).
                                     requirements.
Section 123.111...................  Failure to meet          11/1/97  6/6/00, 65 FR 35840.  (c)(145).
                                     source compliance
                                     requirements.

[[Page 597]]

 
Section 123.112...................  Source operating         11/1/97  6/6/00, 65 FR 35840.  (c)(145)
                                     permit provision
                                     requirements.
Section 123.113...................  Source recordkeeping     11/1/97  6/6/00, 65 FR 35840.  (c)(145).
                                     requirements.
Section 123.114...................  General NOX              11/1/97  6/6/00, 65 FR 35840.  (c)(145).
                                     allocation
                                     provisions.
Section 123.115...................  Initial NOX              3/11/00  6/6/00, 65 FR 35840.  (c)(145).
                                     allowance NOX
                                     allocations.
Section 123.116...................  Source opt-in            11/1/97  6/6/00, 65 FR 35840.  (c)(145).
                                     provisions.
Section 123.117...................  New NOX affected         11/1/97  6/6/00, 65 FR 35840.  (c)(145).
                                     source provisions.
Section 123.118...................  Emission reduction       11/1/97  6/6/00, 65 FR 35840.  (c)(145).
                                     credit provisions.
Section 123.119...................  Bonus NOX allowance      11/1/97  6/6/00, 65 FR 35840.  (c)(145).
                                     awards.
Section 123.120...................  Audit...............     11/1/97  6/6/00, 65 FR 35840.  (c)(145).
Appendix E [Chart]................  Appendix E [NOX          3/11/00  6/6/00, 65 FR 35840.  (c)(145).
                                     Allowances Chart].
----------------------------------------------------------------------------------------------------------------
                                      Chapter 126--Standard for Motor Fuels
----------------------------------------------------------------------------------------------------------------
                                   Subchapter A--Oxygenate Content of Gasoline
----------------------------------------------------------------------------------------------------------------
Section 126.101...................  General.............     8/19/95  12/17/99, 64 FR       (c)(142).
                                                                       70589.
Section 126.102...................  Sampling and testing     8/19/95  12/17/99, 64 FR       (c)(142).
                                                                       70589.
Section 126.103...................  Recordkeeping and        8/19/95  12/17/99, 64 FR       (c)(142).
                                     reporting.                        70589.
Section 126.104...................  Labeling                 8/19/95  12/17/99, 64 FR       (c)(142).
                                     requirements.                     70589.
----------------------------------------------------------------------------------------------------------------
                                 Subchapter C--Gasoline Volatility Requirements
----------------------------------------------------------------------------------------------------------------
Section 126.301 (a) through (c)...  Compliant fuel           11/1/97  6/8/98, 63 FR 31116.  (c)(131).
                                     requirement.
Section 126.302 (Except Paragraph   Recordkeeping and        11/1/97  6/8/98, 63 FR 31116.  (c)(131).
 (a)(6) pertaining to RFG).          reporting.
Section 126.303(a)................  Compliance and test      11/1/97  6/8/98, 63 FR 31116.  (c)(131).
                                     methods.
----------------------------------------------------------------------------------------------------------------
                              Subchapter D--Motor Vehicle Emissions Control Program
----------------------------------------------------------------------------------------------------------------
                                               General Provisions
----------------------------------------------------------------------------------------------------------------
Section 126.401...................  Purpose.............     12/5/98  12/28/99, 64 FR       (c)(141)(i)(C).
                                                                       72564.
Section 126.402...................  NLEV scope and           12/5/98  12/28/99, 64 FR       (c)(141)(i)(C).
                                     applicability.                    72564.
----------------------------------------------------------------------------------------------------------------
                                       Pennsylvania Clean Vehicles Program
----------------------------------------------------------------------------------------------------------------
Section 126.411...................  General Requirements     12/5/98  12/28/99, 64 FR       (c)(141)(i)(C).
                                                                       72564.
Section 126.412...................  Emission                 12/5/98  12/28/99, 64 FR       (c)(141)(i)(C).
                                     requirements.                     72564.
Section 126.413...................  Exemptions..........     12/5/98  12/28/99, 64 FR       (c)(141)(i)(C).
                                                                       72564.
----------------------------------------------------------------------------------------------------------------
                                        Applicable Motor Vehicle Testing
----------------------------------------------------------------------------------------------------------------
Section 126.421...................  New motor vehicle        12/5/98  12/28/99, 64 FR       (c)(141)(i)(C).
                                     certification                     72564.
                                     testing.
Section 126.422...................  New motor vehicle        12/5/98  12/28/99, 64 FR       (c)(141)(i)(C).
                                     compliance testing.               72564.
Section 126.423...................  Assembly line            12/5/98  12/28/99, 64 FR       (c)(141)(i)(C).
                                     testing.                          72564.
Section 126.424...................  In-use motor vehicle     12/5/98  12/28/99, 64 FR       (c)(141)(i)(C).
                                     enforcement testing.              72564.

[[Page 598]]

 
Section 126.425...................  In-use surveillance      12/5/98  12/28/99, 64 FR       (c)(141)(i)(C).
                                     testing.                          72564.
----------------------------------------------------------------------------------------------------------------
                                    Motor Vehicle Manufacturers' Obligations
----------------------------------------------------------------------------------------------------------------
Section 126.431...................  Warranty and recall.     12/5/98  12/28/99, 64 FR       (c)(141)(i)(C).
                                                                       72564.
Section 126.432...................  Reporting                12/5/98  12/28/99, 64 FR       (c)(141)(i)(C).
                                     requirements.                     72564.
----------------------------------------------------------------------------------------------------------------
                                      Motor Vehicle Dealer Responsibilities
----------------------------------------------------------------------------------------------------------------
Section 126.441...................  Responsibilities of      12/5/98  12/28/99, 64 FR       (c)(141)(i)(C).
                                     motor vehicle                     72564.
                                     dealers.
----------------------------------------------------------------------------------------------------------------
                 Chapter 127--Construction, Modification, Reactivation, and Operation of Sources
----------------------------------------------------------------------------------------------------------------
                                              Subchapter A--General
----------------------------------------------------------------------------------------------------------------
Section 127.1.....................  Purpose.............    11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
Section 127.3.....................  Operational             11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     flexibility.
----------------------------------------------------------------------------------------------------------------
                                    Subchapter B--Plan Approval Requirements
----------------------------------------------------------------------------------------------------------------
Section 127.11....................  Plan approval           11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     requirements.
Section 127.11a...................  Reactivation of         11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     sources.
Section 127.12....................  Content of              11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     applications.
Section 127.12a...................  Compliance review...    11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
Section 127.12b...................  Plan approval terms     11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     and conditions.
Section 127.12c...................  Plan approval           11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     reporting
                                     requirements.
Section 127.13....................  Extensions..........    11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
Section 127.13a...................  Plan approval           11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     changes for cause.
Section 127.13b...................  Denial of Plan          11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     approval
                                     application.
Section 127.13c...................  Notice of basis for     11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     certain plan
                                     approval decisions.
Section 127.14....................  Exemptions..........    11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
Section 127.25....................  Compliance              11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     requirement.
Section 127.32....................  Transfer of plan        11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     approvals.
Section 127.35....................  Maximum achievable      11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     control technology
                                     standards for
                                     hazardous air
                                     pollutants.
Section 127.36....................  Health risk-based       11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     emission standards
                                     and operating
                                     practice
                                     requirements.
Section 127.44....................  Public Notice.......    11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
Section 127.45....................  Contents of notice..    11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
Section 127.46....................  Filing protests.....     8/13/83  7/27/84, 49 FR 30183  (c)(60).
Section 127.47....................  Consideration of        11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     protests.
Section 127.48....................  Conferences and          8/13/83  7/27/84, 49 FR 30183  (c)(60).
                                     hearings.
Section 127.49....................  Conference or           11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     hearing procedure.

[[Page 599]]

 
Section 127.50....................  Conference or           11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     hearing record.
Section 127.51....................  Plan approval           11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     disposition.
----------------------------------------------------------------------------------------------------------------
                      Subchapter D--Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
Section 127.81....................  Purpose.............     6/18/83  8/21/84, 49 FR 33127  (c)(57).
Section 127.82....................  Scope...............     6/18/83  8/21/84, 49 FR 33127  (c)(57).
Section 127.83....................  Adoption of Program.     6/18/83  8/21/84, 49 FR 33127  (c)(57).
----------------------------------------------------------------------------------------------------------------
                                         Subchapter E--New Source Review
----------------------------------------------------------------------------------------------------------------
Section 127.201...................  General requirements     1/15/94  12/9/97, 62 FR 64722  (c)(107).
Section 127.202...................  Effective date......     1/15/94  12/9/97, 62 FR 64722  (c)(107).
Section 127.203...................  Facilities subject       1/15/94  12/9/97, 62 FR 64722  (c)(107).
                                     to special permit
                                     requirements.
Section 127.204...................  Emissions subject to     1/15/94  12/9/97, 62 FR 64722  (c)(107).
                                     this subchapter.
Section 127.205...................  Special permit           1/15/94  12/9/97, 62 FR 64722  (c)(107).
                                     requirements.
Section 127.206...................  ERC general              1/15/94  12/9/97, 62 FR 64722  (c)(107).
                                     requirements.
Section 127.207...................  ERC generation and       1/15/94  12/9/97, 62 FR 64722  (c)(107).
                                     creation.
Section 127.208...................  ERC use and transfer     1/15/94  12/9/97, 62 FR 64722  (c)(107).
                                     requirements.
Section 127.209...................  ERC registry system.     1/15/94  12/9/97, 62 FR 64722  (c)(107).
Section 127.210...................  Offset ratios.......     1/15/94  12/9/97, 62 FR 64722  (c)(107).
Section 127.211...................  Applicability            1/15/94  12/9/97, 62 FR 64722  (c)(107).
                                     determination.
Section 127.212...................  Portable facilities.     1/15/94  12/9/97, 62 FR 64722  (c)(107).
Section 127.213...................  Construction and         1/15/94  12/9/97, 62 FR 64722  (c)(107).
                                     demolition.
Section 127.214...................  Exemption...........     1/15/94  12/9/97, 62 FR 64722  (c)(107).
Section 127.215...................  Reactivation........     1/15/94  12/9/97, 62 FR 64722  (c)(107).
Section 127.216...................  Circumvention.......     1/15/94  12/9/97, 62 FR 64722  (c)(107).
Section 127.217...................  Clean Air Act Titles     1/15/94  12/9/97, 62 FR 64722  (c)(107).
                                     III-V applicability.
----------------------------------------------------------------------------------------------------------------
                                   Subchapter F--Operating Permit Requirements
----------------------------------------------------------------------------------------------------------------
                                                     General
----------------------------------------------------------------------------------------------------------------
Section 127.401...................  Scope...............    11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
Section 127.402...................  General provisions..    11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
Section 127.403...................  Permitting of           11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     sources operating
                                     lawfully without a
                                     permit.
Section 127.404...................  Compliance schedule     11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     for repermitting.
----------------------------------------------------------------------------------------------------------------
                                               Permit Applications
----------------------------------------------------------------------------------------------------------------
Section 127.411...................  Content of              11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     applications..
Section 127.412...................  Compliance review       11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     forms.

[[Page 600]]

 
Section 127.413...................  Municipal               11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     notification.
Section 127.414...................  Supplemental            11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     information.
----------------------------------------------------------------------------------------------------------------
                                             Review of Applications
----------------------------------------------------------------------------------------------------------------
Section 127.421...................  Review of               11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     Applications.
Section 127.422...................  Denial of permits...    11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
Section 127.423...................  Notice of basis for     11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     certain operating
                                     permit decisions.
Section 127.424...................  Public notice.......    11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
Section 127.425...................  Contents of notice..    11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
Section 127.426...................  Filing protests.....    11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
Section 127.427...................  Consideration of        11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     protest.
Section 127.428...................  Conferences and         11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     hearings.
Section 127.429...................  Conference or           11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     hearing procedure.
Section 127.430...................  Conference or           11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     hearing record.
Section 127.431...................  Operating permit        11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     disposition.
----------------------------------------------------------------------------------------------------------------
                                           Operating Permit Conditions
----------------------------------------------------------------------------------------------------------------
Section 127.441...................  Operating permit        11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     terms and
                                     conditions.
Section 127.442...................  Reporting               11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     requirements.
Section 127.443...................  Operating permit        11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     requirements.
Section 127.444...................  Compliance              11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     requirements.
Section 127.445...................  Operating permit        11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     compliance
                                     schedules.
Section 127.446...................  Operating permit        11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     duration.
Section 127.447...................  Alternate operating     11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     scenarios.
Section 127.448...................  Emissions trading at    11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     facilities with
                                     Federally
                                     enforceable
                                     emissions cap.
Section 127.449...................  De minimis emission     11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     increases.
Section 127.450...................  Administrative          11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     operating permit
                                     amendments.
----------------------------------------------------------------------------------------------------------------
                                         Operating Permit Modifications
----------------------------------------------------------------------------------------------------------------
Section 127.461...................  Operating permit        11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     changes for cause.
Section 127.462...................  Minor operating         11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     permit
                                     modifications.
Section 127.463...................  Operating permit        11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     revisions to
                                     incorporate
                                     applicable
                                     standards.
Section 127.464...................  Transfer of             11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     operating permits.
----------------------------------------------------------------------------------------------------------------

[[Page 601]]

 
                           Subchapter H--General Plan Approvals and Operating Permits
----------------------------------------------------------------------------------------------------------------
                                                     General
----------------------------------------------------------------------------------------------------------------
Section 127.601...................  Scope...............    11/26/94  7/30/96, 61 FR 39594  (c)(111).
----------------------------------------------------------------------------------------------------------------
                        Issuance of General Plan Approvals and General Operating Permits
----------------------------------------------------------------------------------------------------------------
Section 127.611...................  General plan            11/26/94  7/30/96, 61 FR 39594  (c)(111).
                                     approvals and
                                     general operating
                                     permits.
Section 127.612...................  Public notice and       11/26/94  7/30/96, 61 FR 39594  (c)(111).
                                     review period.
----------------------------------------------------------------------------------------------------------------
                                    Use of General Plan Approvals and Permits
----------------------------------------------------------------------------------------------------------------
Section 127.621...................  Application for use     11/26/94  7/30/96, 61 FR 39594  (c)(111).
                                     of general plan
                                     approvals and
                                     general operating
                                     permits.
Section 127.622...................  Compliance with         11/26/94  7/30/96, 61 FR 39594  (c)(111).
                                     general plan
                                     approvals and
                                     general operating
                                     permits.
----------------------------------------------------------------------------------------------------------------
                              Subchapter I--Plan Approval and Operating Permit Fees
----------------------------------------------------------------------------------------------------------------
Section 127.701...................  General provisions..    11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
Section 127.702...................  Plan approval fees..    11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
Section 127.703...................  Operating permit        11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
                                     fees under
                                     Subchapter F.
Section 127.707...................  Failure to pay fee..    11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(C).
----------------------------------------------------------------------------------------------------------------
                                        Subchapter J--General Conformity
----------------------------------------------------------------------------------------------------------------
Section 127.801...................  Purpose.............     11/9/96  9/29/97, 62 FR 50870  (c)(126).
Section 127.802...................  Adoption of              11/9/96  9/29/97, 62 FR 50870  (c)(126).
                                     Standards.
----------------------------------------------------------------------------------------------------------------
                                       Chapter 129--Standards for Sources
----------------------------------------------------------------------------------------------------------------
       Miscellaneous Sources
----------------------------------------------------------------------------------------------------------------
Section 129.11....................  Nitric acid plants..     3/20/72  5/31/72, 37 FR 10842  (c)(1).
Section 129.12....................  Sulfuric acid plants     3/20/72  5/31/72, 37 FR 10842  (c)(1).
Section 129.13....................  Sulfur recovery          3/20/72  5/31/72, 37 FR 10842  (c)(1).
                                     plants.
APPENDIX A........................  Allowable emissions,     4/23/94  3/23/98, 63 FR 13789  (c)(129).
                                     sulfur oxides--
                                     sulfur recovery
                                     plants.
Section 129.14....................  Open burning              8/9/76  8/19/80, 45 FR 55178  (c)(33).
                                     operations.
Section 129.15....................  Coke pushing          8/29/77,12/ 12/17/79, 44 FR       (c)(21); correction
                                     operations.               31/77   73031.                published 8/22/80,
                                                                                             45 FR 56060.
Section 129.16....................  Door maintenance,       12/12/77  7/17/79, 44 FR 41429  (c)(19).
                                     adjustment and
                                     replacement
                                     practices.
Section 129.18....................  Municipal waste         10/27/90  6/30/93, 58 FR 34911  (c)(81).
                                     incinerators.
----------------------------------------------------------------------------------------------------------------
                                                 Sources of VOCs
----------------------------------------------------------------------------------------------------------------
Section 129.51....................  General.............     4/10/99  6/25/01, 66 FR 33645  (c)(155).
Section 129.52....................  Surface coating          6/10/00  7/20/01, 66 FR 37908  (c)(152).
                                     processes.
Section 129.54....................  Seasonal operation        8/3/91  5/13/93, 58 FR 28362  (c)(79).
                                     of auxiliary
                                     incineration
                                     equipment.

[[Page 602]]

 
Section 129.55....................  Petroleum                6/20/81  1/19/83, 48 FR 2319.  (c)(48).
                                     refineries--specifi
                                     c sources.
Section 129.56....................  Storage tanks             9/5/98  7/26/00, 65 FR 45920  (c)(147).
                                     greater than 40,000
                                     gallons capacity
                                     containing VOCs.
Section 129.57....................  Storage tanks less       6/20/81  1/19/83, 48 FR 2319.  (c)(48).
                                     than or equal to
                                     40,000 gallons
                                     capacity containing
                                     VOCs.
Section 129.58....................  Petroleum                8/13/83  7/27/84, 49 FR 30183  (c)(60).
                                     refineries--fugitiv
                                     e sources.
Section 129.59....................  Bulk gasoline             8/3/91  5/13/93, 58 FR 28362  (c)(79).
                                     terminals.
Section 129.60....................  Bulk gasoline plants      8/3/91  5/13/93, 58 FR 28362  (c)(79).
Section 129.61....................  Small gasoline            8/3/91  5/13/93, 58 FR 28362  (c)(79).
                                     storage tank
                                     control (Stage I
                                     control).
Section 129.62....................  General standards        5/23/94  12/22/94, 59 FR       (c)(94).
                                     for bulk gasoline                 65971.
                                     terminals, bulk
                                     gasoline plants,
                                     and small gasoline
                                     storage tanks.
Section 129.63....................  Degreasing              12/22/01  1/16/03, 68 FR 2208.  (c)(195)(i)(B)(2).
                                     operations.
Section 129.64....................  Cutback asphalt          8/13/83  7/27/84, 49 FR 30183  (c)(60).
                                     paving.
Section 129.65....................  Ethylene production       8/1/79  5/20/80.............  (c)(22).
                                     plants.
Section 129.66....................  Compliance schedules     5/23/92  12/22/94, 59 FR       (c)(94).
                                     and final                         65971.
                                     compliance dates.
Section 129.67....................  Graphic arts systems      9/5/98  7/26/00, 65 FR 45920  (c)(147).
Section 129.68....................  Manufacture of            8/3/91  5/13/93, 58 FR 28362  (c)(79).
                                     synthesized
                                     pharmaceutical
                                     products.
Section 129.69....................  Manufacture of           5/23/92  12/22/94, 59 FR       (c)(94).
                                     pneumatic rubber                  65971.
                                     tires.
Section 129.71....................  Synthetic organic        5/23/92  12/22/94, 59 FR       (c)(94).
                                     chemical and                      65971.
                                     polymer
                                     manufacturing--fugi
                                     tive sources.
Section 129.72....................  Manufacture of           5/23/92  12/22/94, 59 FR       (c)(94).
                                     surface active                    65971.
                                     agents.
Section 129.73....................  Aerospace                4/10/99  6/25/01, 66 FR 33645  (c)(155).
                                     manufacturing and
                                     rework.
Section 129.75....................  Mobile equipment        11/27/99  8/14/00, 65 FR 49501  (c)(148).
                                     repair and
                                     refinishing.
----------------------------------------------------------------------------------------------------------------
                                                 Mobile Sources
----------------------------------------------------------------------------------------------------------------
Section 129.81....................  Organic liquid cargo     9/28/91  9/28/93, 58 FR 50517  (c)(84).
                                     vessel loading and
                                     ballasting.
Section 129.82....................  Control of VOCs from     4/10/99  5/21/01, 66 FR 27875  (c)(153).
                                     gasoline dispensing
                                     facilities (Stage
                                     II).
----------------------------------------------------------------------------------------------------------------
                                       Stationary Sources of NOX and VOCs
----------------------------------------------------------------------------------------------------------------
Section 129.91....................  Control of major         6/10/00  7/20/01, 66 FR 37908  (c)(152).
                                     sources of NOX and
                                     VOCs.
Section 129.92....................  RACT proposal            4/23/94  3/23/98, 63 FR 13789  (c)(129).
                                     requirements.
Section 129.93 [Except for          Presumptive RACT         4/23/94  3/23/98, 63 FR 13789  (c)(129).
 129.93(c)(6 & 7)].                  emission
                                     limitations.
Section 129.94....................  NOX RACT emission        4/23/94  3/23/98, 63 FR 13789  (c)(129).
                                     averaging general
                                     requirements.
Section 129.95....................  Recordkeeping.......     4/23/94  3/23/98, 63 FR 13789  (c)(129).
----------------------------------------------------------------------------------------------------------------
                                     Wood Furniture Manufacturing Operations
----------------------------------------------------------------------------------------------------------------
Section 129.101...................  General provisions       6/10/00  7/20/01, 66 FR 37908  (c)(152).
                                     and applicability.
Section 129.102...................  Emission standards..     6/10/00  7/20/01, 66 FR 37908  (c)(152).
Section 129.103...................  Work practice            6/10/00  7/20/01, 66 FR 37908  (c)(152).
                                     standards.

[[Page 603]]

 
Section 129.104...................  Compliance               6/10/00  7/20/01, 66 FR 37908  (c)(152).
                                     procedures and
                                     monitoring
                                     requirements.
Section 129.105...................  Recordkeeping            6/10/00  7/20/01, 66 FR 37908  (c)(152).
                                     requirements.
Section 129.106...................  Reporting                6/10/00  7/20/01, 66 FR 37908  (c)(152).
                                     requirements.
Section 129.107...................  Special provisions       6/10/00  7/20/01, 66 FR 37908  (c)(152).
                                     for facilities
                                     using an emissions
                                     averaging approach.
----------------------------------------------------------------------------------------------------------------
                                           Additional NOX Requirements
----------------------------------------------------------------------------------------------------------------
Section 129.201...................  Boilers.............    12/11/04  9/29/06, 71 FR 57428  SIP-effective date
                                                                                             is 10/30/06.
Section 129.202...................  Stationary              12/11/04  9/29/06, 71 FR 57428  SIP-effective date
                                     combustion turbines.                                    is 10/30/06.
Section 129.203...................  Stationary internal     12/11/04  9/29/06, 71 FR 57428  SIP-effective date
                                     combustion engines.                                     is 10/30/06.
Section 129.204...................  Emission                12/11/04  9/29/06, 71 FR 57428  SIP-effective date
                                     accountability.                                         is 10/30/06.
Section 129.205...................  Zero emission           12/11/04  9/29/06, 71 FR 57428  SIP-effective date
                                     renewable energy                                        is 10/30/06.
                                     production credit.
----------------------------------------------------------------------------------------------------------------
                                       Chapter 130--Standards for Products
----------------------------------------------------------------------------------------------------------------
                                     Subchapter A--Portable Fuel Containers
----------------------------------------------------------------------------------------------------------------
Section 130.101...................  Applicability.......     10/5/02  12/8/04, 69 FR 70893  (c)(229).
Section 130.102...................  Definitions.........     10/5/02  12/8/04, 69 FR 70893  (c)(229).
Section 130.103...................  Performance              10/5/02  12/8/04, 69 FR 70893  (c)(229).
                                     Standards for
                                     portable fuel
                                     containers and
                                     spill-proof spouts.
Section 130.104...................  Exemptions..........     10/5/02  12/8/04, 69 FR 70893  (c)(229).
Section 130.105...................  Innovative products.     10/5/02  12/8/04, 69 FR 70893  (c)(229).
Section 130.106...................  Administrative           10/5/02  12/8/04, 69 FR 70893  (c)(229).
                                     requirements.
Section 130.107...................  Variances...........     10/5/02  12/8/04, 69 FR 70893  (c)(229).
Section 130.108...................  Test procedures.....     10/5/02  12/8/04, 69 FR 70893  (c)(229).
----------------------------------------------------------------------------------------------------------------
                                         Subchapter B--Consumer Products
----------------------------------------------------------------------------------------------------------------
                                               General Provisions
----------------------------------------------------------------------------------------------------------------
Section 130.201...................  Applicability.......     10/5/02  12/8/04, 69 FR 70895  (c)(230).
Section 130.202...................  Definitions.........     10/5/02  12/8/04, 69 FR 70895  (c)(230).
----------------------------------------------------------------------------------------------------------------
                                                    Standard
----------------------------------------------------------------------------------------------------------------
Section 130.211...................  Table of standards..     10/5/02  12/8/04, 69 FR 70895  (c)(230).
Section 130.212...................  Products diluted         10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     prior to use.
Section 130.213...................  Products registered      10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     under FIFRA.
Section 130.214...................  Requirements for         10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     charcoal lighter
                                     materials..
Section 130.215...................  Requirements for         10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     aerosol adhesives.
Section 130.216...................  Requirements for         10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     floor wax strippers.
----------------------------------------------------------------------------------------------------------------

[[Page 604]]

 
                                                   Exemptions
----------------------------------------------------------------------------------------------------------------
Section 130.331...................  Products for             10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     shipment and use
                                     outside this
                                     Commonwealth.
Section 130.332...................  Antiperspirants and      10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     deodorants.
Section 130.333...................  LVP-VOC.............     10/5/02  12/8/04, 69 FR 70895  (c)(230).
Section 130.334...................  Products registered      10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     under FIFRA.
Section 130.335...................  Air fresheners......     10/5/02  12/8/04, 69 FR 70895  (c)(230).
Section 130.336...................  Adhesives...........     10/5/02  12/8/04, 69 FR 70895  (c)(230).
Section 130.337...................  Bait station             10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     insecticides.
----------------------------------------------------------------------------------------------------------------
                                               Innovative Products
----------------------------------------------------------------------------------------------------------------
Section 130.351...................  Innovative products      10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     exemption.
Section 130.352...................  Request for              10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     exemption.
----------------------------------------------------------------------------------------------------------------
                                           Administrative Requirements
----------------------------------------------------------------------------------------------------------------
Section 130.371...................  Code-dating.........     10/5/02  12/8/04, 69 FR 70895  (c)(230).
Section 130.372...................  Most restrictive         10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     limit.
Section 130.373...................  Additional labeling      10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     requirements for
                                     aerosol adhesives.
----------------------------------------------------------------------------------------------------------------
                                             Reporting Requirements
----------------------------------------------------------------------------------------------------------------
Section 130.391...................  Required reporting       10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     of information to
                                     the Department.
Section 130.392...................  Confidentiality.....     10/5/02  12/8/04, 69 FR 70895  (c)(230).
----------------------------------------------------------------------------------------------------------------
                                                    Variances
----------------------------------------------------------------------------------------------------------------
Section 130.411...................  Application for          10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     variance.
Section 130.412...................  Variance orders.....     10/5/02  12/8/04, 69 FR 70895  (c)(230).
Section 130.413...................  Termination of           10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     variance.
Section 130.414...................  Modification of          10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     variance.
----------------------------------------------------------------------------------------------------------------
                                                  TEST METHODS
----------------------------------------------------------------------------------------------------------------
Section 130.431...................  Testing for              10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     compliance.
----------------------------------------------------------------------------------------------------------------
                                            ACP for Consumer Products
----------------------------------------------------------------------------------------------------------------
Section 130.451...................  Alternative methods      10/5/02  12/8/04, 69 FR 70895  (c)(230)
                                     of compliance.
Section 130.452...................  Exemption...........     10/5/02  12/8/04, 69 FR 70895  (c)(230).
Section 130.453...................  Request for              10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     exemption.
Section 130.454...................  Application for an       10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     ACP.
Section 130.455...................  Recordkeeping and        10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     availability of
                                     requested
                                     information.
Section 130.456...................  Surplus reductions       10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     and surplus trading.

[[Page 605]]

 
Section 130.457...................  Limited-use surplus      10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     reduction credits
                                     for early
                                     reformulations of
                                     ACP products.
Section 130.458...................  Reconciliation of        10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     shortfalls.
Section 130.459...................  Notification of          10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     modifications to an
                                     ACP by the
                                     responsible ACP
                                     party.
Section 130.460...................  Modifications that       10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     require Department
                                     preapproval.
Section 130.461...................  Other modifications.     10/5/02  12/8/04, 69 FR 70895  (c)(230).
Section 130.462...................  Modification of an       10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     ACP by the
                                     Department.
Section 130.463...................  Cancellation of an       10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     ACP.
Section 130.464...................  Treatment of             10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     information.
Section 130.465...................  Other applicable         10/5/02  12/8/04, 69 FR 70895  (c)(230).
                                     requirements.
----------------------------------------------------------------------------------------------------------------
                                           Public Hearing Requirements
----------------------------------------------------------------------------------------------------------------
Section 130.471...................  Public hearings.....     10/5/02  12/8/04, 69 FR 70895  (c)(230).
----------------------------------------------------------------------------------------------------------------
                         Subchapter C--Architectural and Industrial Maintenance Coatings
----------------------------------------------------------------------------------------------------------------
Section 130.601...................  Applicability.......    10/25/03  11/23/04, 69 FR       (c)(227).
                                                                       68080.
Section 130.602...................  Definitions.........    10/25/03  11/23/04, 69 FR       (c)(227).
                                                                       68080.
Section 130.603...................  Standards...........    10/25/03  11/23/04, 69 FR       (c)(227).
                                                                       68080.
Section 130.604...................  Container labeling      10/25/03  11/23/04, 69 FR       (c)(227).
                                     requirements.                     68080.
Section 130.605...................  Reporting               10/25/03  11/23/04, 69 FR       (c)(227).
                                     requirements.                     68080.
Section 130.606...................  Application for         10/25/03  11/23/04, 69 FR       (c)(227).
                                     variance.                         68080.
Section 130.607...................  Variance orders.....    10/25/03  11/23/04, 69 FR       (c)(227).
                                                                       68080.
Section 130.608...................  Termination of          10/25/03  11/23/04, 69 FR       (c)(227).
                                     variance.                         68080.
Section 130.609...................  Extension,              10/25/03  11/23/04, 69 FR       (c)(227).
                                     modification or                   68080.
                                     revocation of
                                     variance.
Section 130.610...................  Public hearings.....    10/25/03  11/23/04, 69 FR       (c)(227).
                                                                       68080.
Section 130.611...................  Compliance              10/25/03  11/23/04, 69 FR       (c)(227).
                                     provisions and test               68080.
                                     methods.
----------------------------------------------------------------------------------------------------------------
                                   Chapter 131--Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 131.1.....................  Purpose.............     3/20/72  5/31/72, 37 FR 10842  (c)(1).
Section 131.2.....................  National Ambient Air     3/20/72  5/31/72, 37 FR 10842  (c)(1).
                                     Quality Standards.
Section 131.3.....................  Ambient air quality      8/13/83  7/27/84, 49 FR 30183  (c)(60); Amendment
                                     standards.                                              removed a lead
                                                                                             standard provision.
                                                                                             The remaining
                                                                                             standards are not
                                                                                             SIP-related.
Section 131.4.....................  Application of           3/20/72  5/31/72, 37 FR 10842  (c)(1).
                                     ambient air quality
                                     standards.
----------------------------------------------------------------------------------------------------------------
                                        Chapter 135--Reporting of Sources
----------------------------------------------------------------------------------------------------------------
                                                     General
----------------------------------------------------------------------------------------------------------------
Section 135.1.....................  Definitions.........     3/20/72  5/31/72, 37 FR 10842  (c)(1).

[[Page 606]]

 
Section 135.2.....................  Applicability [of        3/20/72  5/31/72, 37 FR 10842  (c)(1).
                                     sources].
Section 135.3.....................  Reporting...........     3/20/72  5/31/72, 37 FR 10842  (c)(1).
Section 135.4.....................  Reporting forms and      3/20/72  5/31/72, 37 FR 10842  (c)(1).
                                     guides.
Section 135.5.....................  Recordkeeping.......    10/10/92  1/12/95, 60 FR 2081.  (c)(96).
----------------------------------------------------------------------------------------------------------------
                                               Emission Statements
----------------------------------------------------------------------------------------------------------------
Section 135.21....................  Emission statements.    10/10/92  1/12/95, 60 FR 2081.  (c)(96).
----------------------------------------------------------------------------------------------------------------
                                       Chapter 137--Air Pollution Episodes
----------------------------------------------------------------------------------------------------------------
                                                     General
----------------------------------------------------------------------------------------------------------------
Section 137.1.....................  Purpose.............     1/28/72  5/31/72, 37 FR 10842  (c)(1).
Section 137.2.....................  Monitoring               1/28/72  5/31/72, 37 FR 10842  (c)(1).
                                     facilities.
Section 137.3.....................  Episode criteria....      6/9/90  6/16/93, 58 FR 33203  (c)(75).
Section 137.4.....................  Standby plans.......    12/27/97  6/11/02, 67 FR 39854  (c)(189).
Section 137.5.....................  Implementation of        1/28/72  5/31/72, 37 FR 10842  (c)(1).
                                     emission reduction
                                     procedures.
----------------------------------------------------------------------------------------------------------------
                                                  Level Actions
----------------------------------------------------------------------------------------------------------------
Section 137.11....................  Forecast level           1/28/72  5/31/72, 37 FR 10842  (c)(1).
                                     actions.
Section 137.12....................  Alert level actions.     1/28/72  5/31/72, 37 FR 10842  (c)(1).
Section 137.13....................  Warning level            1/28/72  5/31/72, 37 FR 10842  (c)(1).
                                     actions.
Section 137.14....................  Emergency level          1/28/72  5/31/72, 37 FR 10842  (c)(1).
                                     actions.
----------------------------------------------------------------------------------------------------------------
                                        Chapter 139--Sampling and Testing
----------------------------------------------------------------------------------------------------------------
                            Subchapter A--Sampling and Testing Methods and Procedures
----------------------------------------------------------------------------------------------------------------
                                                     General
----------------------------------------------------------------------------------------------------------------
Section 139.1.....................  Sampling facilities.     3/20/72  5/31/72, 37 FR 10842  (c)(1).
Section 139.2.....................  Sampling by others..     3/20/72  5/31/72, 37 FR 10842  (c)(1).
Section 139.3.....................  General requirements      8/1/79  8/8/79, 44 FR 46465.  (c)(20); Correction
                                                                                             published 1/23/80
                                                                                             (45 FR 5303).
Section 139.4.....................  References..........     6/10/00  7/20/01, 66 FR 37908  (c)(152).
Section 139.5.....................  Revisions to the        11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(D).
                                     source testing
                                     manual and
                                     continuous source
                                     monitoring manual.
----------------------------------------------------------------------------------------------------------------
                                               Stationary Sources
----------------------------------------------------------------------------------------------------------------
Section 139.11....................  General requirements     3/20/72  5/31/72, 37 FR 10842  (c)(1).
Section 139.12....................  Emissions of              3/7/98  6/11/02, 67 FR 39854  (c)(189).
                                     particulate matter.
Section 139.13 (Except Provisions   Emissions of SO2,       11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(D).
 applicable to H2S and TRS).         H2S, TRS and NO2.
Section 139.14....................  Emissions of VOCs...     6/10/00  7/20/01, 66 FR 37908  (c)(152).
Section 139.16....................  Sulfur in fuel oil..     8/13/83  7/27/84, 49 FR 30183  (c)(60).
Section 139.17....................  General requirements     6/20/81  1/19/83, 48 FR 2319.  (c)(48).

[[Page 607]]

 
Section 139.18....................  Calculation of           6/20/81  1/19/83, 48 FR 2319.  (c)(48).
                                     alternative opacity
                                     limitations.
----------------------------------------------------------------------------------------------------------------
                                       Ambient Levels of Air Contaminants
----------------------------------------------------------------------------------------------------------------
Section 139.31....................  General.............     3/20/72  5/31/72, 37 FR 10842  (c)(1).
Section 139.32....................  Sampling and            11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(D).
                                     analytical
                                     procedures.
Section 139.33....................  Incorporation of         3/20/72  5/31/72, 37 FR 10842  (c)(1).
                                     Federal procedures.
----------------------------------------------------------------------------------------------------------------
                               Subchapter B--Monitoring Duties of Certain Sources
----------------------------------------------------------------------------------------------------------------
                                                     General
----------------------------------------------------------------------------------------------------------------
Section 139.51....................  Purpose.............     8/29/77  7/17/79, 44 FR 41429  (c)(19).
Section 139.52....................  Monitoring methods       8/29/77  7/17/79, 44 FR 41429  (c)(19).
                                     and techniques.
Section 139.53....................  Filing monitoring        8/13/83  7/27/84, 49 FR 30183  (c)(60).
                                     reports.
----------------------------------------------------------------------------------------------------------------
              Subchapter C--Requirements for Continuous In-Stack Monitoring for Stationary Sources
----------------------------------------------------------------------------------------------------------------
Section 139.101...................  General Requirements      3/7/98  6/11/02, 67 FR 39854  (c)(189).
Section 139.102...................  References..........    11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(D).
Section 139.103...................  Opacity monitoring      11/26/94  7/30/96, 61 FR 39597  (c)(110)(i)(D).
                                     requirements.
Section 139.111...................  Waste incinerator       12/27/97  6/11/02, 67 FR 39854  (c)(189).
                                     monitoring
                                     requirements.
----------------------------------------------------------------------------------------------------------------
                                        Chapter 141--Alternate Standards
----------------------------------------------------------------------------------------------------------------
Section 141.1.....................  Imposing alternate       5/14/88  9/17/92, 57 FR 42894  (c)(73).
                                     standards
                                     authorized.
----------------------------------------------------------------------------------------------------------------
                              Chapter 145--Interstate Pollution Transport Reduction
----------------------------------------------------------------------------------------------------------------
                                    Subchapter A--NOX Budget Trading Program
----------------------------------------------------------------------------------------------------------------
                                               General Provisions
----------------------------------------------------------------------------------------------------------------
Section 145.1.....................  Purpose.............     9/23/00  8/21/01, 66 FR 43795  (c)(168).
Section 145.2.....................  Definitions.........     9/23/00  8/21/01, 66 FR 43795  (c)(168).
Section 145.3.....................  Measurements,            9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     abbreviations and
                                     acronyms.
Section 145.4.....................  Applicability.......     9/23/00  8/21/01, 66 FR 43795  (c)(168).
Section 145.5.....................  Retired unit             9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     exemption.
Section 145.6.....................  Standard                 9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     requirements.
Section 145.7.....................  Computation of time.     9/23/00  8/21/01, 66 FR 43795  (c)(168).
----------------------------------------------------------------------------------------------------------------
                                                   NOX Account
----------------------------------------------------------------------------------------------------------------
Section 145.10....................  Authorization and        9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     responsibilities of
                                     the NOX authorized
                                     account
                                     representative.
Section 145.11....................  Alternate NOX            9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     authorized account
                                     representative.

[[Page 608]]

 
Section 145.12....................  Changing the NOX         9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     authorized account
                                     representative; and
                                     changes in the
                                     Alternate NOX
                                     authorized account
                                     representative;
                                     changes in the
                                     owners and
                                     operators.
Section 145.13....................  Account certificate      9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     of representation.
Section 145.14....................  Objections               9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     concerning the NOX
                                     authorized account
                                     representative.
----------------------------------------------------------------------------------------------------------------
                                            Compliance Certification
----------------------------------------------------------------------------------------------------------------
Section 145.30....................  Compliance               9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     certification
                                     report.
Section 145.31....................  Department's action      9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     on compliance
                                     certifications.
----------------------------------------------------------------------------------------------------------------
                                            NOX Allowance Allocations
----------------------------------------------------------------------------------------------------------------
Section 145.40....................  State Trading            9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     Program budget.
Section 145.41....................  Timing Requirements      9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     for NOX allowance
                                     allocations.
Section 145.42....................  NOX Allowance           12/11/04  9/29/06, 71 FR 57428  Revised; SIP-
                                     allocations.                                            effective date is
                                                                                             10/30/06.
Section 145.43....................  Compliance               9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     supplement pool.
----------------------------------------------------------------------------------------------------------------
                          Accounting Process for Deposit Use and Transfer of Allowances
----------------------------------------------------------------------------------------------------------------
Section 145.50....................  NOX Allowance            9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     Tracking System
                                     accounts.
Section 145.51....................  Establishment of         9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     accounts.
Section 145.52....................  NOX Allowance            9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     Tracking System
                                     responsibilities of
                                     NOX authorized
                                     account
                                     representative.
Section 145.53....................  Recordation of NOX       9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     allowance
                                     allocations.
Section 145.54....................  Compliance..........     9/23/00  8/21/01, 66 FR 43795  (c)(168).
Section 145.55....................  Banking.............     9/23/00  8/21/01, 66 FR 43795  (c)(168).
Section 145.56....................  Account error.......     9/23/00  8/21/01, 66 FR 43795  (c)(168).
Section 145.57....................  Closing of general       9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     accounts.
----------------------------------------------------------------------------------------------------------------
                                             NOX Allowance Transfers
----------------------------------------------------------------------------------------------------------------
Section 145.60....................  Submission of NOX        9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     allowance transfers.
Section 145.61....................  NOX transfer             9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     recordation.
Section 145.62....................  Notification........     9/23/00  8/21/01, 66 FR 43795  (c)(168).
----------------------------------------------------------------------------------------------------------------
                                    Recording and Recordkeeping Requirements
----------------------------------------------------------------------------------------------------------------
Section 145.70....................  General monitoring       9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     requirements.
Section 145.71....................  Initial                  9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     certification and
                                     recertification
                                     procedures.
Section 145.72....................  Out of control           9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     periods.
Section 145.73....................  Notifications.......     9/23/00  8/21/01, 66 FR 43795  (c)(168).

[[Page 609]]

 
Section 145.74....................  Recordkeeping and        9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     reporting.
Section 145.75....................  Petitions...........     9/23/00  8/21/01, 66 FR 43795  (c)(168).
Section 145.76....................  Additional               9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     requirements to
                                     provide heat input
                                     data.
----------------------------------------------------------------------------------------------------------------
                                                 Opt-In Process
----------------------------------------------------------------------------------------------------------------
Section 145.80....................  Applicability for        9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     opt-in sources.
Section 145.81....................  Opt-in source            9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     general provisions.
Section 145.82....................  NOX authorized           9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     account
                                     representative for
                                     opt-in sources.
Section 145.83....................  Applying for a NOX       9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     budget opt-in
                                     approval.
Section 145.84....................  Opt-in process......     9/23/00  8/21/01, 66 FR 43795  (c)(168).
Section 145.85....................  NOX budget opt-in        9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     application
                                     contents.
Section 145.86....................  Opt-in source            9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     withdrawal from NOX
                                     Budget Trading
                                     Program.
Section 145.87....................  Opt-in unit change       9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     in regulatory
                                     status.
Section 145.88....................  NOX allowance            9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     allocations to opt-
                                     in units.
----------------------------------------------------------------------------------------------------------------
                                      Emission Reduction Credit Provisions
----------------------------------------------------------------------------------------------------------------
Section 145.90....................  Emission reduction       9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     credit provisions.
----------------------------------------------------------------------------------------------------------------
                              Interstate Pollution Transport Reduction Requirements
----------------------------------------------------------------------------------------------------------------
Section 145.100...................  Applicability to         9/23/00  8/21/01, 66 FR 43795  (c)(168).
                                     upwind states.
----------------------------------------------------------------------------------------------------------------
                   Subchapter B--Emissions of NOX from Stationary Internal Combustion Engines
----------------------------------------------------------------------------------------------------------------
Section 145.111...................  Applicability.......    12/11/04  9/29/06, 71 FR 57428  New Section
                                                                                            SIP-effective date
                                                                                             is 10/30/06.
Section 145.112...................  Definitions.........    12/11/04  9/29/06, 71 FR 57428  New Section
                                                                                            SIP-effective date
                                                                                             is 10/30/06.
Section 145.113...................  Standard                12/11/04  9/29/06, 71 FR 57428  New Section
                                     requirements.                                          SIP-effective date
                                                                                             is 10/30/06.
----------------------------------------------------------------------------------------------------------------
                            Subchapter C--Emissions of NOX from Cement Manufacturing
----------------------------------------------------------------------------------------------------------------
Section 145.141...................  Applicability.......    12/11/04  9/29/06, 71 FR 57428  New Section
                                                                                            SIP-effective date
                                                                                             is 10/30/06.
Section 145.142...................  Definitions.........    12/11/04  9/29/06, 71 FR 57428  New Section
                                                                                            SIP-effective date
                                                                                             is 10/30/06.
Section 145.143...................  Standard                12/11/04  9/29/06, 71 FR 57428  New Section
                                     requirements.                                          SIP-effective date
                                                                                             is 10/30/06.
----------------------------------------------------------------------------------------------------------------
                                            Title 67--Transportation
----------------------------------------------------------------------------------------------------------------
                                      Part I--Department of Transportation
                                       Subpart A--Vehicle Code Provisions
                                      Article VII--Vehicle Characteristics
----------------------------------------------------------------------------------------------------------------
                                  Chapter 175--Vehicle Equipment and Inspection
----------------------------------------------------------------------------------------------------------------
                                        Subchapter A--General Provisions
----------------------------------------------------------------------------------------------------------------
Section 175.2.....................  Definitions.........     9/27/97  6/17/99, 64 FR 32411  ``Temporary
                                                                                             Inspection Approval
                                                                                             Indicator'' only.

[[Page 610]]

 
Section 175.2.....................  Definitions.........     12/3/88  10/6/05, 70 FR 58313  Definitions which
                                                                                             apply to safety
                                                                                             inspection program
                                                                                             in non-I/M
                                                                                             counties.
Section 175.3.....................  Application of           12/3/88  10/6/05, 70 FR 58313  Applies to safety
                                     equipment rules.                                        inspection program
                                                                                             in non-I/M
                                                                                             counties.
Section 175.4.....................  Vehicles required to     12/3/88  10/6/05, 70 FR 58313  Applies to safety
                                     be inspected.                                           inspection program
                                                                                             in non-I/M
                                                                                             counties.
Section 175.6.....................  Annual inspection...     12/3/88  10/6/05, 70 FR 58313  Applies to safety
                                                                                             inspection program
                                                                                             in non-I/M
                                                                                             counties.
Section 175.7.....................  Inspection of            12/3/88  10/6/05, 70 FR 58313  Applies to safety
                                     vehicle reentering                                      inspection program
                                     this Commonwealth.                                      in non-I/M
                                                                                             counties.
Section 175.8.....................  Newly purchased          2/19/94  10/6/05, 70 FR 58313  Applies to safety
                                     vehicles.                                               inspection program
                                                                                             in non-I/M
                                                                                             counties.
Section 175.11....................  Coordination of          9/27/97  6/17/99, 64 FR 32411  (c)(139).
                                     safety and emission
                                     inspection.
----------------------------------------------------------------------------------------------------------------
                                   Subchapter B--Official Inspection Stations
----------------------------------------------------------------------------------------------------------------
Section 175.21....................  Appointment.........     12/3/88  10/6/05, 70 FR 58313  Applies to safety
                                                                                             inspection program
                                                                                             in non-I/M
                                                                                             counties.
Section 175.22....................  Making application..     12/3/88  10/6/05, 70 FR 58313  Applies to safety
                                                                                             inspection program
                                                                                             in non-I/M
                                                                                             counties.
Section 175.23(a) and (c).........  Approval............     12/3/88  10/6/05, 70 FR 58313  Applies to safety
                                                                                             inspection program
                                                                                             in non-I/M
                                                                                             counties.
Section 175.24....................  Required                 12/3/88  10/6/05, 70 FR 58313  Applies to safety
                                     certificates and                                        inspection program
                                     station signs.                                          in non-I/M
                                                                                             counties.
Section 175.25(a), (b)(1), (b)(3),  Inspection area.....     12/3/88  10/6/05, 70 FR 58313  Applies to safety
 and (c).                                                                                    inspection program
                                                                                             in non-I/M
                                                                                             counties.
Section 175.26(a) introductory      Tools and equipment.     9/28/96  10/6/05, 70 FR 58313  Applies to safety
 sentence and (a)(3).                                                                        inspection program
                                                                                             in non-I/M
                                                                                             counties.
Section 175.27....................  Hours...............     12/3/88  10/6/05, 70 FR 58313  Applies to safety
                                                                                             inspection program
                                                                                             in non-I/M
                                                                                             counties.
Section 175.28....................  Certified Inspection     12/3/88  10/6/05, 70 FR        Applies to safety
[Except for (c)(2), (g)(2),          Mechanics.                        58313..               inspection program
 (g)(3), and (g)(5)-((9)].                                                                   in non-I/M
                                                                                             counties.
Section 175.29(f)(4)..............  Obligations and          9/27/97  6/17/99, 64 FR 32411  (c)(139).
                                     responsibilities of
                                     station.
Section 175.29....................  Obligations and          9/27/97  10/6/05, 70 FR 58313  Applies to safety
                                     responsibilities of                                     inspection program
                                     stations.                                               in non-I/M counties
                                                                                             (except for (f)(4),
                                                                                             which applies to I/
                                                                                             M and non-I/M
                                                                                             programs).
Section 175.31....................  Fleet inspection         12/3/88  10/6/05, 70 FR 58313  Applies to safety
                                     stations.                                               inspection program
                                                                                             in non-I/M
                                                                                             counties.
----------------------------------------------------------------------------------------------------------------
                                     Subchapter C--Certificate of Inspection
----------------------------------------------------------------------------------------------------------------
Section 175.41(a), (b)(1), (b)(3),  Procedure...........     9/27/97  10/6/05, 70 FR 58313  Applies statewide;
 (c), (d), (e)(1), (e)(3), (e)(5),                                                          To I/M program and
 and (f)(4).                                                                                 non-I/M safety
                                                                                             inspection program.
Section 175.42....................  Recording inspection     9/27/97  6/17/99, 64 FR 32411
Section 175.43....................  Security............     9/27/97  6/17/99, 64 FR 32411
Section 175.44....................  Ordering                 9/27/97  6/17/99, 64 FR 32411
                                     certificates of
                                     inspection.
Section 175.45....................  Violation of use of      9/27/97  6/17/99, 64 FR 32411
                                     certificate of
                                     inspection.
----------------------------------------------------------------------------------------------------------------
    Subchapter D--Schedule of Penalties and Suspensions: Official Inspection Stations and Certified Mechanics
----------------------------------------------------------------------------------------------------------------
Section 175.51....................  Cause for suspension     2/19/94  10/6/05, 70 FR 58313  New section;
                                                                                            Applies to safety
                                                                                             inspection program
                                                                                             in non-I/M
                                                                                             counties.
Section 175.52....................  Reapplication.......     12/3/88  10/6/05, 70 FR 58313  New section;
                                                                                            Applies to safety
                                                                                             inspection program
                                                                                             in non-I/M
                                                                                             counties.
----------------------------------------------------------------------------------------------------------------

[[Page 611]]

 
                                  Subchapter E--Passenger Cars and Light Trucks
----------------------------------------------------------------------------------------------------------------
Section 175.61....................  Application of           12/3/88  10/6/05, 70 FR 58313  New section;
                                     subchapter.                                            Applies to safety
                                                                                             inspection program
                                                                                             in non-I/M
                                                                                             counties.
Section 175.72(d).................  Fuel systems........     12/3/88  10/6/05, 70 FR 58313  New section;
                                                                                            Applies to safety
                                                                                             inspection program
                                                                                             in non-I/M
                                                                                             counties.
Section 175.80(d).................  Inspection procedure     5/13/99  10/6/05, 70 FR 58313  New section;
                                                                                            Applies to safety
                                                                                             inspection program
                                                                                             in non-I/M
                                                                                             counties.
----------------------------------------------------------------------------------------------------------------
                                            Subchapter H--Motorcycles
----------------------------------------------------------------------------------------------------------------
Section 175.141...................  Application of           12/3/88  10/6/05, 70 FR 58313  New section;
                                     subchapter.                                            Applies to safety
                                                                                             inspection program
                                                                                             in non-I/M
                                                                                             counties.
----------------------------------------------------------------------------------------------------------------
                           Subchapter J--Motor-Driven Cycles and Motorized Pedalcycles
----------------------------------------------------------------------------------------------------------------
Section 175.171...................  Application.........     12/3/88  10/6/05, 70 FR 58313  New section;
                                                                                            Applies to safety
                                                                                             inspection program
                                                                                             in non-I/M
                                                                                             counties.
----------------------------------------------------------------------------------------------------------------
                   Subchapter K--Street Rods, Specially Constructed and Reconstructed Vehicles
----------------------------------------------------------------------------------------------------------------
Section 175.201...................  Application of           12/3/88  10/6/05, 70 FR 58313  New section;
                                     subchapter.                                            Applies to safety
                                                                                             inspection program
                                                                                             in non-I/M
                                                                                             counties.
Section 175.202...................  Conditions..........     12/3/88  10/6/05, 70 FR 58313  Applies to safety
                                                                                             inspection program
                                                                                             in non-I/M
                                                                                             counties.
Section 175.220(d) [introductory    Inspection procedure     5/13/99  10/6/05, 70 FR 58313  Applies to safety
 sentence only].                                                                             inspection program
                                                                                             in non-I/M
                                                                                             counties.
----------------------------------------------------------------------------------------------------------------
            Subchapter L--Animal-Drawn Vehicles, Implements of Husbandry and Special Mobile Equipment
----------------------------------------------------------------------------------------------------------------
Section 175.221...................  Application.........     12/3/88  10/6/05, 70 FR 58313
----------------------------------------------------------------------------------------------------------------
                                Chapter 177--Enhanced Emission Inspection Program
----------------------------------------------------------------------------------------------------------------
                                        Subchapter A--General Provisions
----------------------------------------------------------------------------------------------------------------
Section 177.1.....................  Purpose.............     10/1/97  6/17/99, 64 FR 32411  (c)(139).
Section 177.2.....................  Application of           10/1/97  6/17/99, 64 FR 32411  (c)(139).
                                     equipment rules.
Section 177.3.....................  Definitions.........    11/22/03  10/6/05, 70 FR 58313
----------------------------------------------------------------------------------------------------------------
                                  Implementation of Emission Inspection Program
----------------------------------------------------------------------------------------------------------------
Section 177.22....................  Commencement of         11/22/03  10/6/05, 70 FR 58313  Retitled and
                                     inspection.                                             revised.
Section 177.23....................  Notification of         11/22/03  10/6/05, 70 FR 58313
                                     requirement for
                                     emission inspection.
Section 177.24....................  Program evaluation..    11/22/03  10/6/05, 70 FR 58313
----------------------------------------------------------------------------------------------------------------
                                                   I/M Program
----------------------------------------------------------------------------------------------------------------
Section 177.51....................  Program requirements    11/22/03  10/6/05, 70 FR 58313  Excludes paragraphs
                                                                                             (c)(1), (c)(2), and
                                                                                             (c)(3), and
                                                                                             reference to those
                                                                                             paragraphs.
Section 177.52....................  Emission inspection     11/22/03  10/6/05, 70 FR 58313
                                     prerequisites.
Section 177.53....................  Vehicle inspection      11/22/03  10/6/05, 70 FR 58313
                                     process.
----------------------------------------------------------------------------------------------------------------

[[Page 612]]

 
                                         Subchapter B--Subject Vehicles
----------------------------------------------------------------------------------------------------------------
Section 177.101...................  Subject vehicles....    11/22/03  10/6/05, 70 FR 58313
Section 177.102...................  Inspection of            9/27/97  6/17/99, 64 FR 32411  (c)(139).
                                     vehicles reentering
                                     this Commonwealth.
Section 177.103...................  Used vehicles after      9/27/97  6/17/99, 64 FR 32411  (c)(139).
                                     sale or resale.
Section 177.104...................  Vehicles registered      9/27/97  6/17/99, 64 FR 32411  (c)(139).
                                     in nondesignated
                                     areas or other
                                     states.
Section 177.105...................  Vehicles requiring      11/22/03  10/6/05, 70 FR 58313
                                     emission inspection
                                     due to change of
                                     address.
----------------------------------------------------------------------------------------------------------------
                          Subchapter C--Emission Test Procedures and Emission Standards
----------------------------------------------------------------------------------------------------------------
                                                     General
----------------------------------------------------------------------------------------------------------------
Section 177.201...................  General requirements    11/22/03  10/6/05, 70 FR 58313
Section 177.202...................  Emission test           11/22/03  10/6/05, 70 FR 58313
                                     equipment.
Section 177.202a..................  OBD-I/M check           11/22/03  10/6/05, 70 FR 58313  New section.
                                     equipment.
Section 177.202b..................  Equipment for gas       11/22/03  10/6/05, 70 FR 58313  New section.
                                     cap test and visual
                                     inspection.
Section 177.203...................  Test procedures.....    11/22/03  10/6/05, 70 FR 58313
Section 177.204...................  Basis for failure...    11/22/03  10/6/05, 70 FR 58313  Retitled and
                                                                                             revised.
----------------------------------------------------------------------------------------------------------------
                                                Recall Provisions
----------------------------------------------------------------------------------------------------------------
Section 177.231...................  Requirements             9/27/97  6/17/99, 64 FR 32411  (c)(139).
                                     regarding
                                     manufacturer recall
                                     notices.
Section 177.232...................  Compliance with          9/27/97  6/17/99, 64 FR 32411  (c)(139).
                                     recall notices.
Section 177.233...................  Failure to comply...     9/27/97  6/17/99, 64 FR 32411  (c)(139).
----------------------------------------------------------------------------------------------------------------
                                           Emission Inspection Report
----------------------------------------------------------------------------------------------------------------
Section 177.251...................  Record of test           9/27/97  6/17/99, 64 FR 32411  (c)(139).
                                     results.
Section 177.252...................  Emission inspection     11/22/03  10/6/05, 70 FR 58313  Retitled and
                                     report.                                                 revised.
Section 177.253...................  Responsibility of       11/22/03  10/6/05, 70 FR 58313  Retitled and
                                     the station owner                                       revised.
                                     for vehicles which
                                     fail the emission
                                     inspection.
----------------------------------------------------------------------------------------------------------------
                                                     Retest
----------------------------------------------------------------------------------------------------------------
Section 177.271...................  Procedure...........    11/22/03  10/6/05, 70 FR 58313
Section 177.272...................  Prerequisites.......    11/22/03  10/6/05, 70 FR 58313
Section 177.273...................  Content of repair       11/22/03  10/6/05, 70 FR 58313
                                     data form.
Section 177.274...................  Retest fees.........    11/22/03  10/6/05, 70 FR 58313
Section 177.275...................  Repair technician       11/22/03  10/6/05, 70 FR 58313  New section.
                                     training and
                                     certification.
----------------------------------------------------------------------------------------------------------------
                                               Issuance of Waiver
----------------------------------------------------------------------------------------------------------------
Section 177.281...................  Issuance of waiver..    11/22/03  10/6/05, 70 FR 58313

[[Page 613]]

 
Section 177.282...................  Annual adjustment of    11/22/03  10/6/05, 70 FR 58313  Excludes/removes the
                                     minimum waiver                                          sentence and
                                     expenditure for                                         partial sentence,
                                     emission inspection.                                    ``The minimum
                                                                                             expenditure for the
                                                                                             first 2 years after
                                                                                             commencement of the
                                                                                             program in an
                                                                                             affected area is
                                                                                             $150. Beginning
                                                                                             with the 3rd year
                                                                                             of the program in
                                                                                             an affected area''.
----------------------------------------------------------------------------------------------------------------
                           Procedures Relating to Certificates of Emission Inspection
----------------------------------------------------------------------------------------------------------------
Section 177.291...................  Procedures relating     11/22/03  10/6/05, 70 FR 58313  Retitled and
                                     to certificates of                                      revised.
                                     emission inspection.
Section 177.292...................  Recording inspection    11/22/03  10/6/05, 70 FR 58313
----------------------------------------------------------------------------------------------------------------
                                                 On-Road Testing
----------------------------------------------------------------------------------------------------------------
Section 177.301...................  Authorization to         9/27/97  6/17/99, 64 FR 32411  (c)(139).
                                     conduct on-road
                                     emission testing.
Section 177.302...................  On-road testing          9/27/97  6/17/99, 64 FR 32411  (c)(139).
                                     devices.
Section 177.304...................  Failure of on-road      11/22/03  10/6/05, 70 FR 58313
                                     emission test.
Section 177.305...................  Failure to produce       9/27/97  6/17/99, 64 FR 32411  (c)(139).
                                     proof of correction
                                     of on-road emission
                                     test failure.
----------------------------------------------------------------------------------------------------------------
                         Subchapter D--Official Emission Inspection Station Requirements
----------------------------------------------------------------------------------------------------------------
                                                     General
----------------------------------------------------------------------------------------------------------------
Section 177.401...................  Appointment.........    11/22/03  10/6/05, 70 FR 58313
Section 177.402...................  Application.........     9/27/97  6/17/99, 64 FR 32411  (c)(139).
Section 177.403...................  Approval of emission     9/27/97  6/17/99, 64 FR 32411  (c)(139).
                                     inspection station.
Section 177.404...................  Required                11/22/03  10/6/05, 70 FR 58313
                                     certificates and
                                     station signs.
Section 177.405...................  Emission inspection     11/22/03  10/6/05, 70 FR 58313
                                     areas.
Section 177.406...................  Equipment...........    11/22/03  10/6/05, 70 FR 58313  Retitled and
                                                                                             revised.
Section 177.407...................  Hours of operation..    11/22/03  10/6/05, 70 FR 58313
Section 177.408...................  Certified emission      11/22/03  10/6/05, 70 FR 58313
                                     inspectors.
----------------------------------------------------------------------------------------------------------------
                            Obligations and Responsibilities of Station Owners/Agents
----------------------------------------------------------------------------------------------------------------
Section 177.421...................  Obligations and         11/22/03  10/6/05, 70 FR 58313
                                     responsibilities of
                                     station owners/
                                     agents.
Section 177.422...................  Commonwealth            11/22/03  10/6/05, 70 FR 58313  Retitled and
                                     emission inspection                                     revised.
                                     stations.
Section 177.423...................  Fleet emission          11/22/03  10/6/05, 70 FR 58313  Retitled and
                                     inspection stations.                                    revised.
Section 177.424...................  General emission        11/22/03  10/6/05, 70 FR 58313
                                     inspection stations.
Section 177.425...................  Security............    11/22/03  10/6/05, 70 FR 58313
Section 177.426...................  Ordering                 9/27/97  6/17/99, 64 FR 32411  (c)(139).
                                     certificates of
                                     emission inspection.
Section 177.427...................  Violations of use of     9/27/97  6/17/99, 64 FR 32411  (c)(139).
                                     certificate of
                                     emission inspection.
----------------------------------------------------------------------------------------------------------------
                                                Quality Assurance
----------------------------------------------------------------------------------------------------------------
Section 177.431...................  Quality assurance...    11/22/03  10/6/05, 70 FR 58313
----------------------------------------------------------------------------------------------------------------

[[Page 614]]

 
              Subchapter E--Equipment Manufacturers' and Contractors' Requirements and Obligations
----------------------------------------------------------------------------------------------------------------
                                      Equipment Manufacturers' Requirements
----------------------------------------------------------------------------------------------------------------
Section 177.501...................  Equipment approval      11/22/03  10/6/05, 70 FR 58313
                                     procedures.
Section 177.502...................  Service commitment..    11/22/03  10/6/05, 70 FR 58313
Section 177.503...................  Performance             11/22/03  10/6/05, 70 FR 58313
                                     commitment.
Section 177.504...................  Revocation of            9/27/97  6/17/99, 64 FR 32411  (c)(139).
                                     approval.
----------------------------------------------------------------------------------------------------------------
                                             Contractor Obligations
----------------------------------------------------------------------------------------------------------------
Section 177.521...................  Contractor              11/22/03  10/6/05, 70 FR 58313
                                     obligations and
                                     responsibilities.
----------------------------------------------------------------------------------------------------------------
                            Subchapter F--Schedule of Penalties and Hearing Procedure
----------------------------------------------------------------------------------------------------------------
                                      Schedule of Penalties and Suspensions
----------------------------------------------------------------------------------------------------------------
Section 177.601...................  Definitions.........    11/22/03  10/6/05, 70 FR 58313  New section.
Section 177.602...................  Schedule of             11/22/03  10/6/05, 70 FR 58313
                                     penalties for
                                     emission inspection
                                     stations.
Section 177.603...................  Schedule of             11/22/03  10/6/05, 70 FR 58313
                                     penalties for
                                     emission inspectors.
----------------------------------------------------------------------------------------------------------------
                                              Additional Violations
----------------------------------------------------------------------------------------------------------------
Section 177.605...................  Subsequent              11/22/03  10/6/05, 70 FR 58313
                                     violations.
Section 177.606...................  Multiple violations.     9/27/97  6/17/99, 64 FR 32411  (c)(139).
----------------------------------------------------------------------------------------------------------------
                                         Departmental Hearing Procedure
----------------------------------------------------------------------------------------------------------------
Section 177.651...................  Notice of alleged       11/22/03  10/6/05, 70 FR 58313  Retitled and
                                     violation and                                           revised.
                                     opportunity to be
                                     heard prior to
                                     immediate
                                     suspension.
Section 177.652...................  Official documents..     9/27/97  6/17/99, 64 FR 32411  (c)(139).
----------------------------------------------------------------------------------------------------------------
                                          Restoration After Suspension
----------------------------------------------------------------------------------------------------------------
Section 177.671...................  Restoration of           9/27/97  6/17/99, 64 FR 32411  (c)(139).
                                     certification of an
                                     emission inspector
                                     after suspension.
Section 177.672...................  Restoration of           9/27/97  6/17/99, 64 FR 32411  (c)(139).
                                     certification of an
                                     emission inspection
                                     station after
                                     suspension.
Section 177.673...................  Restoration of           9/27/97  6/17/99, 64 FR 32411  (c)(139).
                                     certification of
                                     certified repair
                                     technician after
                                     suspension.
----------------------------------------------------------------------------------------------------------------
    Registration Recall Procedure for Violation of Sec. Sec. 177.301-177.305 (Relating Toon-Road Resting)
----------------------------------------------------------------------------------------------------------------
Section 177.691...................  Registration Recall     11/22/03  10/6/05, 70 FR 58313
                                     Committee.
Appendix A........................  Acceleration            11/22/03  10/6/05, 70 FR 58313  Replaces previous
                                     Simulation Mode:                                        Appendix A.
                                     Pennsylvania
                                     Procedures,
                                     Standards,
                                     Equipment
                                     Specifications and
                                     Quality Control
                                     Requirements.
Appendix B........................  Department              11/22/03  10/6/05, 70 FR 58313  Replaces previous
                                     Procedures and                                          Appendix B.
                                     Specifications.
----------------------------------------------------------------------------------------------------------------


[[Page 615]]


                     (2) EPA-Approved Allegheny County Health Department (ACHD) Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State                               Additional
    Article XX or XXI citation          Title/subject      effective    EPA approval date    explanation/  Sec.
                                                             date                             52.2063 citation
----------------------------------------------------------------------------------------------------------------
                                                 Part A--General
----------------------------------------------------------------------------------------------------------------
2101.01...........................  Short Titles........    10/20/95  11/14/02, 67 FR       In SIP at
                                                                       68935.                52.2020(c)(92);
                                                                                             citation change
                                                                                             only at (c)(192).
2101.02.a, .02.c..................  Declaration of          10/20/95  11/14/02, 67 FR       (c)(192).
                                     Policy and Purpose.               68935.
2101.03...........................  Effective Date and      10/20/95  11/14/02, 67 FR       In SIP at (c)(92);
                                     Repealer.                         68935.                citation change
                                                                                             only at (c)(192).
2101.04...........................  Existing Orders.....    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2101.05...........................  Existing Permits and     3/31/98  8/30/04, 69 FR 52831  52.2420(c)(209).
                                     Licenses.
2101.06...........................  Construction and        10/20/95  11/14/02, 67 FR       (c)(192).
                                     Interpretation.                   68935.
2101.07 (Except paragraphs .07.c.2  Administration and      10/20/95  11/14/02, 67 FR       (c)(192).
 and c.8).                           Organization.                     68935.
2101.10...........................  Ambient Air Quality     10/20/95  11/14/02, 67 FR       (c)(192).
                                     Standards (Except:                68935.
                                     PM10--County & Free
                                     silica portion; Pb
                                     (1-hr & 8-hr avg.);
                                     settled
                                     particulates,
                                     beryllium,
                                     sulfates,
                                     fluorides, and
                                     hydrogen sulfide).
2101.11...........................  Prohibition of Air      10/20/95  11/14/02, 67 FR       (c)(192).
                                     Pollution.                        68935.
2101.12...........................  Interstate Air          10/20/95  11/14/02, 67 FR       (c)(192).
                                     Pollution.                        68935.
2101.13...........................  Nuisances...........    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2101.14...........................  Circumvention.......    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2101.20...........................  Definitions.........    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2101.20...........................  Definitions related     5/15/98,  4/17/01, 66 FR 19724  (c)(151).
                                     to gasoline              9/1/99
                                     volatility.
2101.20...........................  Definitions.........     7/10/03  6/24/05, 70 FR 36511
----------------------------------------------------------------------------------------------------------------
                                            Part B--Permits Generally
----------------------------------------------------------------------------------------------------------------
2102.01...........................  Certification.......    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2102.02...........................  Applicability.......    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2102.03.a through .k..............  Permits Generally...    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2102.04...........................  Installation Permits    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2102.05...........................  Installation Permits    10/20/95  11/14/02, 67 FR       (c)(192).
                                     for New and                       68935.
                                     Modified Major
                                     Sources.
2102.06...........................  Major Sources           10/20/95  11/14/02, 67 FR       (c)(192).
                                     Locating In or                    68935.
                                     Impacting a
                                     Nonattainment Area.
2102.08...........................  Emission Offset         10/20/95  11/14/02, 67 FR       (c)(192).
                                     Registration.                     68935.
2102.10...........................  Installation Permit     10/20/95  11/14/02, 67 FR       (c)(192).
                                     Application and                   68935.
                                     Administration Fees.
----------------------------------------------------------------------------------------------------------------
                                            Part C--Operating Permits
----------------------------------------------------------------------------------------------------------------
2103.01...........................  Transition..........    10/20/95  8/30/04, 69 FR 52831  (c)(209).
----------------------------------------------------------------------------------------------------------------
                           Subpart 1--Operating Permits (All Major and Minor Permits)
----------------------------------------------------------------------------------------------------------------
2103.10.a., b.....................  Applicability,          10/20/95  11/14/02, 67 FR       (c)(192).
                                     Prohibitions,                     68935.
                                     Records.
2103.11...........................  Applications........    10/20/95  8/30/04, 69 FR 52831  (c)(209).
2103.12...........................  Issuance, Standard       3/31/98  8/30/04, 69 FR 52831  (c)(209).
                                     Conditions.

[[Page 616]]

 
2103.13...........................  Expiration,             10/20/95  8/30/04, 69 FR 52831  (c)(209).
                                     Renewals,
                                     Reactivation.
2103.14...........................  Revisions,               1/12/01  8/30/04, 69 FR 52831  (c)(209).
                                     Amendments,
                                     Modifications.
2103.15...........................  Reopenings,             10/20/95  8/30/04, 69 FR 52831  (c)(209).
                                     Revocations.
----------------------------------------------------------------------------------------------------------------
                              Subpart 2--Additional Requirements for Major Permits
----------------------------------------------------------------------------------------------------------------
2103.20.b.4.......................  Applicability,          10/20/95  11/14/02, 67 FR       (c)(192).
                                     Prohibitions,                     68935.
                                     Records.
----------------------------------------------------------------------------------------------------------------
                                      Part D--Pollutant Emission Standards
----------------------------------------------------------------------------------------------------------------
2104.01...........................  Visible Emissions...    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2104.02...........................  Particulate Mass         8/15/97  6/12/98, 63 FR 32126  (c)(133)(i)(B)(1);
                                     Emissions.                                              Citation changes
                                                                                             approved on 11/12/
                                                                                             02 (67 FR 68935) at
                                                                                             (c)(192).
2104.03...........................  Sulfur Oxide             7/10/03  7/21/04, 69 FR 43522  (c)(216)(i)(C).
                                     Emissions.
2104.05...........................  Materials Handling..    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2104.06...........................  Violations..........    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2104.07...........................  Stack Heights.......    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
----------------------------------------------------------------------------------------------------------------
                                 Part E--Source Emission and Operating Standards
----------------------------------------------------------------------------------------------------------------
2105.01...........................  Equivalent               7/10/03  6/24/05, 70 FR 36511
                                     Compliance
                                     Techniques.
2105.02...........................  Other Requirements      10/20/95  11/14/02, 67 FR       (c)(192).
                                     Not Affected.                     68935.
2105.03...........................  Operation and           10/20/95  11/14/02, 67 FR       (c)(192).
                                     Maintenance.                      68935.
2105.04...........................  Temporary Shutdown      10/20/95  11/14/02, 67 FR       (c)(192).
                                     of Incineration                   68935.
                                     Equipment.
2105.06...........................  Major Sources of        10/20/95  10/7/02, 67 FR 62389  (c)(157).
                                     Nitrogen Oxides and
                                     Volatile Organic
                                     Compounds.
----------------------------------------------------------------------------------------------------------------
                                             Subpart 1--VOC Sources
----------------------------------------------------------------------------------------------------------------
2105.10...........................  Surface Coating          7/10/03  6/24/05, 70 FR 36511
                                     Processes.
2105.11...........................  Graphic Arts Systems    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2105.12...........................  Volatile Organic        10/20/95  11/14/02, 67 FR       (c)(192).
                                     Compound Storage                  68935.
                                     Tanks.
2105.13...........................  Gasoline Loading        10/20/95  11/14/02, 67 FR       (c)(192).
                                     Facilities.                       68935.
2105.14...........................  Gasoline Dispensing      7/10/05  1/17/08, 73 FR 3190.
                                     Facilities--Stage
                                     II Control.
2105.15...........................  Degreasing              10/20/95  11/14/02, 67 FR       (c)(192).
                                     Operations.                       68935.
2105.16...........................  Cutback Asphalt         10/20/95  11/14/02, 67 FR       (c)(192).
                                     Paving.                           68935.
2105.17...........................  Ethylene Production     10/20/95  11/14/02, 67 FR       (c)(192).
                                     Processes.                        68935.
2105.19...........................  Synthetic Organic       10/20/95  11/14/02, 67 FR       (c)(192).
                                     Chemical & Polymer                68935.
                                     Manufacturing--Fugi
                                     tive Sources.
----------------------------------------------------------------------------------------------------------------

[[Page 617]]

 
                             Subpart 2--Stag, Coke, and Miscellaneous Sulfur Sources
----------------------------------------------------------------------------------------------------------------
2105.20...........................  Slag Quenching......    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2105.21...........................  Coke Ovens and Coke      8/15/97  6/12/98, 63 FR 32126  (c)(133);
                                     Oven Gas.                                              1. EPA approved
                                                                                             revisions effective
                                                                                             7/11/95 on 9/8/98
                                                                                             (63 FR 47434) at
                                                                                             (c)(135).
                                                          ..........                        2. EPA approved
                                                                                             revisions effective
                                                                                             10/20/95 on 11/14/
                                                                                             02 (67 FR 68935) at
                                                                                             (c)(192).
2105.22...........................  Miscellaneous Sulfur    10/20/95  11/14/02, 67 FR       (c)(192).
                                     Emitting Processes.               68935.
----------------------------------------------------------------------------------------------------------------
                                 Subpart 3--Incineration and Combustion Sources
----------------------------------------------------------------------------------------------------------------
2105.30 (except paragraphs .b.3     Incinerators........    10/20/95  11/14/02, 67 FR       (c)(192); Section
 and .f).                                                              68935.                2105.30.f. is
                                                                                             federally
                                                                                             enforceable as part
                                                                                             of the applicable
                                                                                             section 111(d)
                                                                                             plan.
----------------------------------------------------------------------------------------------------------------
                                    Subpart 4--Miscellaneous Fugitive Sources
----------------------------------------------------------------------------------------------------------------
2105.40...........................  Permit Source           10/20/95  11/14/02, 67 FR       (c)(192).
                                     Premises.                         68935.
2105.41...........................  Non-Permit Premises.    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2105.42...........................  Parking Lots and        10/20/95  11/14/02, 67 FR       (c)(192).
                                     Roadways.                         68935.
2105.43...........................  Permit Source           10/20/95  11/14/02, 67 FR       (c)(192).
                                     Transport.                        68935.
2105.44...........................  Non-Permit Source       10/20/95  11/14/02, 67 FR       (c)(192).
                                     Transport.                        68935.
2105.45...........................  Construction and        10/20/95  11/14/02, 67 FR       (c)(192).
                                     Land Clearing.                    68935.
2105.46...........................  Mining..............    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2105.47...........................  Demolition..........    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2105.48...........................  Areas Subject to        10/20/95  11/14/02, 67 FR       (c)(192).
                                     Sections 2105.40                  68935.
                                     Through 2105.47.
2105.49.a, .b.....................  Fugitive Emissions..    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
----------------------------------------------------------------------------------------------------------------
                              Subpart 5--Open Burning and Abrasive Blasting Sources
----------------------------------------------------------------------------------------------------------------
2105.50 (except paragraph .50.d)..  Open Burning........    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
Article XX, Section 533...........  Abrasive Blasting...     10/9/86  10/19/87, 51 FR       (c)(69).
                                                                       38758.
----------------------------------------------------------------------------------------------------------------
                                      Subpart 7--Miscellaneous VOC Sources
----------------------------------------------------------------------------------------------------------------
2105.70...........................  Petroleum Refineries    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2105.71...........................  Pharmaceutical          10/20/95  11/14/02, 67 FR       (c)(192).
                                     Products.                         68935.
2105.72...........................  Manufacturer of         10/20/95  11/14/02, 67 FR       (c)(192).
                                     Pneumatic Rubber                  68935.
                                     Tires.
2105.74...........................  Aerospace                7/10/03  6/24/05, 70 FR 36511
                                     Manufacturing and
                                     Rework.
2105.75...........................  Mobile Equipment         7/10/03  6/24/05, 70 FR 36511
                                     Repair and
                                     Refinishing.
2105.76...........................  Wood Furniture           7/10/03  6/24/05, 70 FR 36511
                                     Manufacturing
                                     Operations.
----------------------------------------------------------------------------------------------------------------
                                    Subpart 9--Transportation Related Sources
----------------------------------------------------------------------------------------------------------------
2105.90...........................  Gasoline Volatility.     5/15/98  4/17/01, 66 FR 19724  (c)(151).
                                                              9/1/99
----------------------------------------------------------------------------------------------------------------

[[Page 618]]

 
                                         Part F--Air Pollution Episodes
----------------------------------------------------------------------------------------------------------------
2106.01...........................  Air Pollution           10/20/95  11/14/02, 67 FR       (c)(192).
                                     Episode System.                   68935.
2106.02...........................  Air Pollution Source    10/20/95  11/14/02, 67 FR       (c)(192).
                                     Curtailment Plans.                68935.
2106.03...........................  Episode Criteria....    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2106.04...........................  Episode Actions.....    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2106.05...........................  USX-Clairton Works       8/15/97  6/12/98, 63 FR 32126  (c)(133)(i)(B)(3).
                                     PM-10 Self Audit
                                     Emergency Action
                                     Plan.
----------------------------------------------------------------------------------------------------------------
                                                 Part G--Methods
----------------------------------------------------------------------------------------------------------------
2107.01...........................  General.............    10/20/95  1/14/02, 67 FR 68935  (c)(192).
2107.02...........................  Particulate Matter..    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2107.03...........................  Sulfur Oxides.......    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2107.04 (except paragraph .04.h)..  Volatile Organic        10/20/95  11/14/02, 67 FR       (c)(192).
                                     Compounds.                        68935.
2107.05...........................  Nitrogen Oxides.....    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2107.06...........................  Incinerator             10/20/95  11/14/02, 67 FR       (c)(192).
                                     Temperatures.                     68935.
2107.07...........................  Coke Oven Emissions.    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2107.08...........................  Coke Oven Gas.......    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2107.10...........................  Sulfur Content of       10/20/95  11/14/02, 67 FR       (c)(192).
                                     Coke.                             68935.
2107.11...........................  Visible Emissions...    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2107.15...........................  Gasoline Volatility      5/15/98  4/17/01, 66 FR 19724  (c)(151).
                                     and RFG.
2107.20.c, .g through .j, .m and    Ambient Measurements    10/20/95  11/14/02, 67 FR       (c)(192).
 .n.                                                                   68935.
----------------------------------------------------------------------------------------------------------------
                                     Part H--Reporting, Testing & Monitoring
----------------------------------------------------------------------------------------------------------------
2108.01...........................  Reports Required....    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2108.01.a.........................  Termination of          10/20/95  11/14/02, 67 FR       (c)(192).
                                     Operation.                        68935.
2108.01.b.........................  Shutdown of Control     10/20/95  11/14/02, 67 FR       (c)(192).
                                     Equipment.                        68935.
2108.01.c.........................  Breakdowns..........    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2108.01.d.........................  Cold Start..........    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2108.01.e (Except paragraphs e.1.A  Emissions Inventory     10/20/95  11/14/02, 67 FR       (c)(192).
 &.B).                               Statements.                       68935.
2108.01.f.........................  Orders..............    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2108.01.g.........................  Violations..........    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2108.02...........................  Emissions Testing...    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2108.03...........................  Continuous Emissions    10/20/95  11/14/02, 67 FR       (c)(192).
                                     Monitoring.                       68935.
2108.04...........................  Ambient Monitoring..    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
----------------------------------------------------------------------------------------------------------------
                                               Part I--Enforcement
----------------------------------------------------------------------------------------------------------------
2109.01...........................  Inspections.........    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2109.02 (except paragraph.02.a.7).  Remedies............    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2109.03a. (introductory sentence),  Enforcement Orders..    10/20/95  11/14/02, 67 FR       (c)(192).
 b. through f.                                                         68935.
2109.04...........................  Orders Establishing     10/20/95  11/14/02, 67 FR       (c)(192).
                                     an Additional or                  68935.
                                     More Restrictive
                                     Standard.
2109.05...........................  Emergency Orders....    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.
2109.06 (Except paragraphs          Civil Proceedings...    10/20/95  11/14/02, 67 FR       (c)(192).
 .06.a.2, .a.3, and .a.4).                                             68935.
2109.10...........................  Appeals.............    10/20/95  11/14/02, 67 FR       (c)(192).
                                                                       68935.

[[Page 619]]

 
2109.20...........................  General Federal         10/20/95  11/14/02, 67 FR       (c)(192).
                                     Conformity.                       68935.
----------------------------------------------------------------------------------------------------------------


                                  (3) EPA-Approved Philadelphia AMS Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State                               Additional
           Rule citation                Title/subject      effective    EPA approval date    explanation/  Sec.
                                                             date                             52.2063 citation
----------------------------------------------------------------------------------------------------------------
                                          Title 3--Air Management Code
----------------------------------------------------------------------------------------------------------------
Chapter 3-100.....................  General Provisions..    10/20/69  5/31/72, 37 FR 10842  (c)(1).
Chapter 3-200 (Except Sec. 3-     Prohibited Conduct..     10/4/76  6/4/79, 44 FR 31980.  (c)(18).
 207(4)).
Chapter 3-300.....................  Administrative           9/21/72  3/12/79, 44 FR 13480  (c)(15).
                                     Provisions.
----------------------------------------------------------------------------------------------------------------
                                        Regulation I--General Provisions
----------------------------------------------------------------------------------------------------------------
Section I.........................  Definitions.........     4/29/70  5/31/72, 37 FR 10842  (c)(1).
Section II (Except portions of      Source Registration       5/4/74  9/9/75, 40 FR 41787.  (c)(12).
 paragraph II.B).                    and Emission
                                     Reporting.
Section III.......................  Testing and Test         4/29/70  5/31/72, 37 FR 10842  (c)(1).
                                     Methods.
Section IV........................  Availability of          4/29/70  5/31/72, 37 FR 10842  (c)(1).
                                     Technology.
Section V.........................  Improvement and Plan     4/29/70  5/31/72, 37 FR 10842  (c)(1).
Section VI........................  Pre-existing             4/29/70  5/31/72, 37 FR 10842  (c)(1).
                                     Regulations.
Section VII.......................  Circumvention.......     4/29/70  5/31/72, 37 FR 10842  (c)(1).
Section VIII......................  Severability........     4/29/70  5/31/72, 37 FR 10842  (c)(1).
Section IX........................  Effective Date......     4/29/70  5/31/72, 37 FR 10842  (c)(1).
Section XI.D......................  Compliance with          3/27/86  1/23/89, 54 FR 3029.  (c)(70).
                                     Federal
                                     Regulations--Stack
                                     Height Regulations.
----------------------------------------------------------------------------------------------------------------
                         Regulation II--Air Contaminant and Particulate Matter Emissions
----------------------------------------------------------------------------------------------------------------
Section I.........................  No Title [General        4/29/70  5/31/72, 37 FR 10842  (c)(1).
                                     Provisions].
Section II........................  Open Fires..........     4/29/70  5/31/72, 37 FR 10842  (c)(1).
Section IV........................  Visible Emissions...      5/4/74  9/9/75, 40 FR 41787.  (c)(12).
Section V.........................  Particulate Matter       8/27/81  4/16/82, 47 FR 16325  (c)(43).
                                     Emissions from the
                                     Burning of Fuels.
Section VI........................  Selection of Fuel        4/29/70  5/31/72, 37 FR 10842  (c)(1).
                                     for Particulate
                                     Matter Emission
                                     Control.
Section VII.......................  Particulate Matter       4/29/70  5/31/72, 37 FR 10842  (c)(1).
                                     Emissions from
                                     Chemical,
                                     Metallurgical,
                                     Mechanical and
                                     Other Processes.
Section VIII......................  Fugitive Dust.......     4/29/70  5/31/72, 37 FR 10842  (c)(1).
----------------------------------------------------------------------------------------------------------------
Table 1...........................  No Title [Allowable      4/29/70  5/31/72, 37 FR 10842  (c)(1).
                                     Process Weight
                                     Emissions].
----------------------------------------------------------------------------------------------------------------
                     Regulation III--The Control of Emissions of Oxides and Sulfur Compounds
----------------------------------------------------------------------------------------------------------------
Section I.........................  No Title [General        4/29/70  5/31/72, 37 FR 10842  (c)(1).
                                     Provisions].

[[Page 620]]

 
Section II........................  Control of Emission      5/10/80  9/17/81, 46 FR 46133  (c)(37).
                                     of Sulfur Compounds.
Section III.......................  Control of Sulfur in     8/27/81  4/16/82, 47 FR 16325  (c)(43).
                                     Fuels.
----------------------------------------------------------------------------------------------------------------
           Regulation IV--Governing Air Pollution Control Measures During High Air Pollution Episodes
----------------------------------------------------------------------------------------------------------------
Section I.........................  Definitions.........      2/5/71  5/31/72, 37 FR 10842  (c)(1).
Section II........................  Declaration of            2/5/71  5/31/72, 37 FR 10842  (c)(1).
                                     Conditions.
Section III.......................  Termination of            2/5/71  5/31/72, 37 FR 10842  (c)(1).
                                     Conditions.
Section IV........................  Alert and                 2/5/71  5/31/72, 37 FR 10842  (c)(1).
                                     Notification System
                                     by the Health
                                     Commissioner and
                                     the Emergency
                                     Coordinator.
Section V.........................  Advance Preparation       2/5/71  5/31/72, 37 FR 10842  (c)(1)
                                     for High Air
                                     Pollution Episodes.
Section VI........................  Actions and               2/5/71  5/31/72, 37 FR 10842  (c)(1).
                                     Restrictions.
Section VII.......................  Severability........      2/5/71  5/31/72, 37 FR 10842  (c)(1).
Section VIII......................  Effective Date......      2/5/71  5/31/72, 37 FR 10842  (c)(1).
Table I...........................  Minimum Abatement         2/5/71  5/31/72, 37 FR 10842  (c)(1).
                                     Strategies for
                                     Emission Reduction
                                     Plans--Stage I
                                     Condition.
Table II..........................  Minimum Abatement         2/5/71  5/31/72, 37 FR 10842  (c)(1).
                                     Strategies for
                                     Emission Reduction
                                     Plans--Stage II
                                     Condition.
Table III.........................  Minimum Abatement         2/5/71  5/31/72, 37 FR 10842  (c)(1).
                                     Strategies for
                                     Emission Reduction
                                     Plans--Emergency
                                     Condition.
Table IV..........................  Emergency Business        2/5/71  5/31/72, 37 FR 10842  (c)(1).
                                     and Establishment
                                     List.
----------------------------------------------------------------------------------------------------------------
                Regulation V--Control of Emissions of Organic Substances From Stationary Sources
----------------------------------------------------------------------------------------------------------------
Section I (Except for definitions   Definitions.........    11/28/86  6/16/93, 58 FR 33200  (c)(83).
 related to paragraphs V.C.& V.D.).
Section I.........................  Definitions.........     5/23/88  4/6/93, 48 FR 17778.  (c)(78).
Section II........................  Storage Tanks.......     7/10/71  5/31/72, 37 FR 10842  (c)(1).
Section III.......................  Oil-Effluent Water       7/10/71  5/31/72, 37 FR 10842  (c)(1).
                                     Separator.
Section IV........................  Pumps and                7/10/71  5/31/72, 37 FR 10842  (c)(1).
                                     Compressors.
Section V (Except paragraphs V.C    Organic Material         7/10/71  5/31/72, 37 FR 10842  (c)(1).
 and V.D).                           Loading.
Section VI........................  Solvents............     7/10/71  5/31/72, 37 FR 10842  (c)(1).
Section VII.......................  Processing of            7/10/71  5/31/72, 37 FR 10842  (c)(1).
                                     Photochemically
                                     Reactive Materials.
Section VIII......................  Architectural            7/10/71  5/31/72, 37 FR 10842  (c)(1).
                                     Coatings.
Section IX........................  Disposal of Solvents     7/10/71  5/31/72, 37 FR 10842  (c)(1).
----------------------------------------------------------------------------------------------------------------
Section X.........................  Compliance with         11/28/86  6/16/93, 58 FR 33192  (c)(82).
                                     Pennsylvania
                                     Standards for
                                     Volatile Organic
                                     Compounds (VOC).
Section XI........................  Petroleum Solvent       11/28/86  4/12/93, 58 FR 19066  (c)(77).
                                     Dry Cleaning.
Section XII.......................  Pharmaceutical          11/28/86  6/16/93, 58 FR 33200  (c)(83).
                                     Tablet Coating.
Section XIII......................  Process Equipment        5/23/98  4/6/93, 58 FR 17778.  (c)(78).
                                     Leaks.

[[Page 621]]

 
Section XXII......................  Circumvention.......     7/10/71  5/31/72, 37 FR 10842  (c)(1).
                                                          recodified
                                                             5/23/88
Section XXIII.....................  Severability........     7/10/71  5/31/72, 37 FR 10842  (c)(1).
                                                          recodified
                                                             5/23/88
Section XXIV......................  Effective Date......     7/10/71  5/31/72, 37 FR 10842  (c)(1).
                                                          recodified
                                                             5/23/88
----------------------------------------------------------------------------------------------------------------
                 Regulation VII--Control of Emissions of Nitrogen Oxides From Stationary Sources
----------------------------------------------------------------------------------------------------------------
Section I.........................  Definitions.........      7/1/72  5/14/73, 38 FR 12696  (c)(7).
Section II........................  Fuel Burning            11/20/85  1/14/87, 52 FR 1456.  (c)(65).
                                     Equipment.
Section III.......................  Nitric Acid Plants..      7/1/72  5/14/73, 38 FR 12696  (c)(7).
Section IV........................  Emissions Monitoring      7/1/72  5/14/73, 38 FR 12696  (c)(7).
Section V.........................  Circumvention.......      7/1/72  5/14/73, 38 FR 12696  (c)(7).
Section VI........................  Severability........      7/1/72  5/14/73, 38 FR 12696  (c)(7).
Section VII.......................  Effective Date......      7/1/72  5/14/73, 38 FR 12696  (c)(7).
----------------------------------------------------------------------------------------------------------------
                Regulation VIII--Control of Emissions of Carbon Monoxide From Stationary Sources
----------------------------------------------------------------------------------------------------------------
Section I.........................  Definitions.........     8/20/72  5/14/73, 38 FR 12696  (c)(7).
Section II........................  General.............     8/20/72  5/14/73, 38 FR 12696  (c)(7).
Section III.......................  Emissions Monitoring     8/20/72  5/14/73, 38 FR 12696  (c)(7).
Section IV........................  Circumvention.......     8/20/72  5/14/73, 38 FR 12696  (c)(7).
Section V.........................  Severability........     8/20/72  5/14/73, 38 FR 12696  (c)(7).
Section VI........................  Effective Date......     8/20/72  5/14/73, 38 FR 12696  (c)(7).
----------------------------------------------------------------------------------------------------------------
                              Regulation XI--Control of Emissions From Incinerators
----------------------------------------------------------------------------------------------------------------
Section I.........................  Definitions.........      5/4/74  9/9/75, 40 FR 41787.  (c)(12).
Section II........................  General Provisions..      5/4/74  9/9/75, 40 FR 41787.  (c)(12).
Section III (Except paragraph       Emissions                 5/4/74  9/9/75, 40 FR 41787.  (c)(12).
 III.E. (odors)).                    Limitations.
Section IV........................  Design..............      5/4/74  9/9/75, 40 FR 41787.  (c)(12).
Section V.........................  Operation...........      5/4/74  9/9/75, 40 FR 41787.  (c)(12).
Section VI........................  Permits and Licenses      5/4/74  9/9/75, 40 FR 41787.  (c)(12).
Section VII.......................  Circumvention.......      5/4/74  9/9/75, 40 FR 41787.  (c)(12).
Section VIII......................  Severability........      5/4/74  9/9/75, 40 FR 41787.  (c)(12).
Section IX........................  Effective Date......      5/4/74  9/9/75, 40 FR 41787.  (c)(12).
----------------------------------------------------------------------------------------------------------------
               Regulation XIII--Construction, Modification, Reactivation and Operation of Sources
----------------------------------------------------------------------------------------------------------------
Section I.........................  Introduction........    10/30/95  3/28/03, 68 FR 15059  (c)(203).
Section II........................  Program Adoption....    10/30/95  3/28/03, 68 FR 15059  (c)(203).
----------------------------------------------------------------------------------------------------------------


[[Page 622]]

    (d) EPA-approved source-specific requirements

(1) EPA-Approved Source-Specific Reasonably Available Control Technology (RACT) Requirements for Volatile Organic Compounds (VOC) and Oxides of Nitrogen
                                                                          (NOX)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                           Additional
                                                                                                          State                           explanation/
                         Name of source                              Permit No.           County        effective   EPA approval date    Sec. 52.2063
                                                                                                           date                             citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                        For exceptions, see the applicable paragraphs in 40 CFR Sec. 52.2063(c)
--------------------------------------------------------------------------------------------------------------------------------------------------------
ARCO Chemical Company..........................................         04-313-052             Beaver      12/9/86     5/16/90, 55 FR           (c)(71).
                                                                                                                                20267
IMC Chemical Group.............................................         39-313-014             Lehigh     12/10/86     5/16/90, 55 FR           (c)(72).
                                                                                                                                20267
Aristech Chemical Corp.........................................        86-I-0024-P          Allegheny      8/28/86     6/16/93, 58 FR           (c)(80).
                                                                                                            3/3/87              33197
The Knoll Group................................................        46-326-001A         Montgomery      3/24/93    10/19/93, 58 FR           (c)(87).
                                                                                                                                53885
ESSROC Materials...............................................        PA-48-0004A        Northampton     12/20/94    08/08/95, 60 FR  (c)(98)(i)(B)(1).
                                                                                                                                40292
Pennsylvania Power and Light Co. (PP&L)--Brunner Island........         PA-67-2005               York     12/22/94    08/08/95, 60 FR  (c)(98)(i)(B)(2).
                                                                                                                                40292
PPG Industries, Inc.--South Middleton..........................         OP-21-2002         Cumberland     12/22/94    08/08/95, 60 FR  (c)(98)(i)(B)(3).
                                                                                                                                40292
Stroehmann Bakeries--Dauphin County............................         PA-22-2003            Dauphin     12/22/94    08/08/95, 60 FR  (c)(98)(i)(B)(4).
                                                                                                                                40292
General Electric Transportation Systems--Erie..................          OP-25-025               Erie     12/21/94    08/08/95, 60 FR  (c)(98)(i)(B)(5).
                                                                                                                                40292
J. E. Baker Co. (Refractories)--York...........................         OP-67-2001               York     12/22/94    08/08/95, 60 FR  (c)(98)(i)(B)(6).
                                                                                                                                40292
Lafarge Corp...................................................         OP-39-0011             Lehigh     12/23/94    08/08/95, 60 FR  (c)(98)(i)(B)(7).
                                                                                                                                40292
Lafarge Corp...................................................        PA-39-0011A             Lehigh     12/23/94    08/08/95, 60 FR  (c)(98)(i)(B)(7).
                                                                                                                                40292
West Penn Power--Armstrong.....................................      PA-03-000-023          Armstrong     12/29/94    08/08/95, 60 FR  (c)(98)(i)(B)(8).
                                                                                                                                40292
West Penn Power--Armstrong.....................................      PA-03-306-004          Armstrong      3/28/94    08/08/95, 60 FR  (c)(98)(i)(B)(8).
                                                                                                                                40292
West Penn Power--Armstrong.....................................      PA-03-306-006          Armstrong     11/22/94    08/08/95, 60 FR  (c)(98)(i)(B)(8).
                                                                                                                                40292
Plain and Fancy Kitchens, Inc..................................     PA-38-318-019C            Lebanon     12/23/94    08/08/95, 60 FR  (c)(98)(i)(B)(9).
                                                                                                                                40292
Stroehmann Bakeries--Bradford County...........................         PA-08-0001           Bradford       2/9/95    08/10/95, 60 FR    (c)(101)(i)(B).
                                                                                                                                40758
Stroehmann Bakeries--Bradford County...........................        OP-08-0001A           Bradford       2/9/95    08/10/95, 60 FR    (c)(101)(i)(B).
                                                                                                                                40758
Stroehmann Bakeries--Lycoming County...........................         PA-41-0001           Lycoming       2/9/95    08/10/95, 60 FR    (c)(101)(i)(B).
                                                                                                                                40758
Stroehmann Bakeries--Lycoming County...........................        OP-41-0001A           Lycoming       2/9/95    08/10/95, 60 FR    (c)(101)(i)(B).
                                                                                                                                40758
Philadelphia Electric Co. (PECO)--Eddystone....................         OP-23-0017           Delaware     12/28/94    09/08/95, 60 FR  (c)(102)(i)(B)(1)
                                                                                                                                46768                  .
Philadelphia Electric Co. (PECO)--Eddystone....................         PA-23-0017           Delaware     12/28/94    09/08/95, 60 FR  (c)(102)(i)(B)(1)
                                                                                                                                46768                  .
Gilberton Power Co.--John Rich Memorial........................         OP-54-0004         Schuylkill     12/20/94    09/08/95, 60 FR  (c)(102)(i)(B)(2)
                                                                                                                                46768                  .

[[Page 623]]

 
Bethlehem Steel--Coke and Chemical Production..................         OP-48-0013        Northampton     12/20/94    09/08/95, 60 FR  (c)(102)(i)(B)(3)
                                                                                                                                46768                  .
Bethlehem Steel--Foundry.......................................         OP-48-0014        Northampton     12/20/94    09/08/95, 60 FR  (c)(102)(i)(B)(3)
                                                                                                                                46768                  .
Bethlehem Steel--Structural Products...........................         OP-48-0010        Northampton     12/20/94    09/08/95, 60 FR  (c)(102)(i)(B)(3)
                                                                                                                                46768                  .
Bethlehem Steel--Forging.......................................         OP-48-0015        Northampton     12/20/94    09/08/95, 60 FR  (c)(102)(i)(B)(3)
                                                                                                                                46768                  .
Westwood Energy Properties, Inc. (CRS Sirrine, Inc.)...........        OP-54-000-6         Schuylkill     12/27/94    09/08/95, 60 FR  (c)(102)(i)(B)(4)
                                                                                                                                46768                  .
PECO Energy Co.--Front Street..................................         OP-46-0045         Montgomery      3/31/95    09/08/95, 60 FR  (c)(102)(i)(B)(5)
                                                                                                                                46768                  .
Crawford Furniture Manufacturing Corp.--Clarion County.........          OP-16-021            Clarion      3/27/95    09/08/95, 60 FR  (c)(102)(i)(B)(6)
                                                                                                                                46768                  .
Schuylkill Energy Resources....................................         OP-54-0003         Schuylkill      5/19/95    09/08/95, 60 FR  (c)(102)(i)(B)(7)
                                                                                                                                46768                  .
Columbia Gas Transmission Corp.--Milford Compressor Station....         OP-52-0001               Pike      4/21/95    09/08/95, 60 FR  (c)(102)(i)(B)(9)
                                                                                                                                46768                  .
Texas Eastern Transmission Corp.--Entriken Compressor Station..         OP-31-2003         Huntingdon      5/16/95    09/08/95, 60 FR  (c)(102)(i)(B)(10
                                                                                                                                46768                 ).
Columbia Gas Transmission Corp.--Greencastle Compressor Station         OP-28-2003           Franklin      4/21/95    09/08/95, 60 FR  (c)(102)(i)(B)(11
                                                                                                                                46768                 ).
Lord Corporation--Aerospace Div................................          OP-25-095               Erie      3/30/95    09/08/95, 60 FR  (c)(102)(i)(B)(12
                                                                                                                                46768                 ).
Tennessee Gas Pipeline Co. (TENNECO)--Station 313..............         PA-53-0001             Potter     11/27/95    04/09/96, 61 FR  (c)(103)(i)(B)(1)
                                                                        OP-53-0001                                              15709                  .
                                                                        CP-53-0001
Corning Asahi Video Products--State College....................         OP-14-0003             Centre     12/27/94    04/09/96, 61 FR  (c)(103)(i)(B)(2)
                                                                                                                                15709                  .
Corning Asahi Video Products--State College....................     OP-14-309-009C             Centre       5/5/94    04/09/96, 61 FR  (c)(103)(i)(B)(2)
                                                                                                                                15709                  .
Corning Asahi Video Products--State College....................     OP-14-309-010A             Centre      8/18/94    04/09/96, 61 FR  (c)(103)(i)(B)(2)
                                                                                                                                15709                  .
Corning Asahi Video Products--State College....................     OP-14-309-037A             Centre       5/5/94    04/09/96, 61 FR  (c)(103)(i)(B)(2)
                                                                                                                                15709                  .
Columbia Gas Transmission Corp.--Easton Compressor Station.....         OP-48-0001        Northampton      5/19/95    04/09/96, 61 FR  (c)(103)(i)(B)(3)
                                                                       PA-48-0001A                                              15709                  .
Texas Eastern Transmission Corp.--Bedford Compressor Station...         OP-05-2007            Bedford      5/16/95    04/09/96, 61 FR  (c)(103)(i)(B)(4)
                                                                                                                                15709                  .
Texas Eastern Transmission Corp.--Marietta Compressor Station..         PA-36-2025          Lancaster      5/16/95    04/09/96, 61 FR  (c)(103)(i)(B)(5)
                                                                                                                                15709                  .
Hercules Cement Co.............................................         OP-48-0005        Northampton     12/23/94    04/09/96, 61 FR  (c)(103)(i)(B)(6)
                                                                       PA-48-0005A                                              15709                  .

[[Page 624]]

 
ESSROC (formerly Lone Star Industries, Inc.)...................         OP-48-0007        Northampton     12/29/94    04/09/96, 61 FR  (c)(103)(i)(B)(7)
                                                                                                                                15709                  .
Pennsylvania Power and Light Co. (PP&L)--Montour...............         OP-47-0001            Montour     12/27/94    04/09/96, 61 FR  (c)(103)(i)(B)(8)
                                                                       PA-47-0001A                                              15709                  .
Pennsylvania Electric Co. (PENELEC)--Shawville.................         PA-17-0001         Clearfield     12/27/94    04/09/96, 61 FR  (c)(103)(i)(B)(9)
                                                                                                                                15709                  .
Zinc Corp. of America--Potter Twp..............................      OP-04-000-044             Beaver     12/29/94    04/09/96, 61 FR  (c)(103)(i)(B)(10
                                                                                                                                15709                 ).
The Proctor and Gamble Paper Products Company Mehoopany........         OP-66-0001            Wyoming     12/20/94    04/09/96, 61 FR  (c)(103)(i)(B)(11
                                                                       PA-66-0001A                                              15709                 ).
Columbia Gas Transmission Corp.--Union City Compressor Station.          OP-25-892               Erie      4/11/95    04/09/96, 61 FR  (c)(103)(i)(B)(12
                                                                                                                                15709                 ).
James River Corp.--Chambersburg................................         OP-28-2006           Franklin      6/14/95    02/12/96, 61 FR  (c)(104)(i)(C)(1)
                                                                                                                                05303                  .
Appleton Papers, Inc.--Harrisburg..............................         OP-21-2004         Cumberland      5/24/95    02/12/96, 61 FR  (c)(104)(i)(C)(2)
                                                                                                                                05303                  .
Air Products and Chemicals, Inc.--Corporate R & D..............         OP-39-0008             Lehigh      5/25/95    02/12/96, 61 FR  (c)(104)(i)(C)(3)
                                                                                                                                05303                  .
Elf Atochem North America, Inc.--King of Prussia...............         OP-46-0022         Montgomery      6/27/95    02/12/96, 61 FR  (c)(104)(i)(C)(4)
                                                                                                                                05303                  .
York City Sewer Authority (Wastewater Treatment Plant).........         OP-67-2013               York       3/1/95    02/12/96, 61 FR  (c)(104)(i)(C)(5)
                                                                                                                                05303                  .
Glasgow, Inc.--Ivy Rock........................................         OP-46-0043         Montgomery       6/7/95    02/12/96, 61 FR  (c)(104)(i)(C)(6)
                                                                                                                                05303                  .
Glasgow, Inc.--Spring House....................................         OP-46-0029         Montgomery       6/7/95    02/12/96, 61 FR  (c)(104)(i)(C)(7)
                                                                                                                                05303                  .
Glasgow, Inc.--Catanach........................................         OP-15-0021            Chester       6/7/95    02/12/96, 61 FR  (c)(104)(i)(C)(8)
                                                                                                                                05303                  .
Glasgow, Inc.--Freeborn........................................         OP-23-0026           Delaware       6/7/95    02/12/96, 61 FR  (c)(104)(i)(C)(9)
                                                                                                                                05303                  .
UGI Utilities--Hunlock Creek...................................         OP-40-0005            Luzerne     12/20/94    05/16/96, 61 FR  (c)(108)(i)(B)(1)
                                                                       PA-40-0005A                                              24706                  .
Solar Turbines, Inc. (York Cogeneration Facility)..............         PA-67-2009               York      8/17/95    05/16/96, 61 FR  (c)(108)(i)(B)(2)
                                                                                                                                24706                  .
Solar Turbines, Inc. (York Cogeneration Facility)..............         CP-67-2009               York      8/17/95    05/16/96, 61 FR  (c)(108)(i)(B)(2)
                                                                                                                                24706                  .
Columbia Gas Transmission Corp.--Renovo Compressor Station.....         OP-18-0001            Clinton      7/18/95    05/16/96, 61 FR  (c)(108)(i)(B)(3)
                                                                        PA-18-0001                                              24706                  .
National Fuel Gas Supply Corp.--East Fork Compressor Station...         OP-53-0007             Potter      7/17/95    05/16/96, 61 FR  (c)(108)(i)(B)(4)
                                                                       PA-53-0007A                                              24706                  .
York County Solid Waste & Refuse Authority (Y.C.R.R.C.)........         PA-67-2006               York      8/25/95    05/16/96, 61 FR  (c)(108)(i)(B)(5)
                                                                                                                                24706                  .
W. R. Grace and Co.--FORMPAC Div...............................         PA-06-1036              Berks      5/12/95    05/16/96, 61 FR  (c)(108)(i)(B)(6)
                                                                                                                                24706                  .

[[Page 625]]

 
W. R. Grace and Co.--Reading Plant.............................      PA-06-315-001              Berks       6/4/92    05/16/96, 61 FR  (c)(108)(i)(B)(6)
                                                                                                                                24706                  .
CNG Transmission Corp.--Cherry Tree Sta........................      PA-32-000-303            Indiana       7/5/95    05/16/96, 61 FR  (c)(108)(i)(B)(7)
                                                                                                                                24706                  .
EPC Power Corp. of Bethlehem (Crozer Chester CoGen)............         OP-23-0007           Delaware       6/8/95    05/16/96, 61 FR  (c)(108)(i)(B)(8)
                                                                                                                                24706                  .
C-P Converters, Inc.--York.....................................         OP-67-2030               York      8/30/95    05/16/96, 61 FR  (c)(108)(i)(B)(9)
                                                                                                                                24706                  .
Fisher Scientific Co. International--Indiana...................      OP-32-000-100            Indiana      7/18/95    05/16/96, 61 FR  (c)(108)(i)(B)(10
                                                                                                                                24706                 ).
Adelphi Kitchens, Inc.--Robesonia Factory......................         OP-06-1001              Berks       4/4/95    05/16/96, 61 FR  (c)(108)(i)(B)(11
                                                                                                                                24706                 ).
Birchcraft Kitchens, Inc.--Reading Factory.....................         OP-06-1005              Berks       4/4/95    05/16/96, 61 FR  (c)(108)(i)(B)(12
                                                                                                                                24706                 ).
Glasgow, Inc.--Bridgeport Asphalt Plant........................         OP-46-0044         Montgomery       6/7/95    05/16/96, 61 FR  (c)(108)(i)(B)(13
                                                                                                                                24706                 ).
Caparo Steel Co.--Farrell......................................          OP-43-285             Mercer      11/3/95    12/20/96, 61 FR  (c)(113)(i)(B)(1)
                                                                                                                                67229      ; 52.2037(g).
Sharon Steel Corp.--Farrell....................................          OP-43-017             Mercer      11/3/95    12/20/96, 61 FR  (c)(113)(i)(B)(2)
                                                                                                                                67229      ; 52.2036(f);
                                                                                                                                             52.2037(e).
DMi Furniture, Inc.--Timely Plant 7 (Gettysburg)......         OP-01-2001              Adams      6/13/95    03/12/97, 62 FR  (c)(114)(i)(B)(1)
                                                                                                                                11079                  .
R. R. Donnelley and Sons Co.--Lancaster West Plant.............         OP-36-2026          Lancaster      7/14/95    03/12/97, 62 FR  (c)(114)(i)(B)(2)
                                                                                                                                11079                  .
International Paper Company--Hammermill Papers Division........         OP-18-0005            Clinton     12/27/94    01/29/97, 62 FR    (c)(115)(i)(B).
                                                                                                                                04167
Lucent Technology (formerly AT&T Corp.)--Reading...............         PA-06-1003              Berks      6/26/95    04/18/97, 62 FR  (c)(117)(i)(B)(1)
                                                                                                                                19051                  .
Garden State Tanning, Inc.--Fleetwood Plant....................         PA-06-1014              Berks      6/21/95    04/18/97, 62 FR  (c)(117)(i)(B)(2)
                                                                                                                                19051                  .
Glidden Co., The--Reading......................................         OP-06-1035              Berks      2/15/96    04/18/97, 62 FR  (c)(117)(i)(B)(3)
                                                                                                                                19051                  .
Maier's Bakery--Reading Plant..................................         PA-06-1023              Berks      9/20/95    04/18/97, 62 FR  (c)(118)(i)(B)(1)
                                                                                                                                19047                  .
Morgan Corp.--Morgantown Plant.................................         OP-06-1025              Berks      8/31/95    04/18/97, 62 FR  (c)(118)(i)(B)(2)
                                                                                                                                19047                  .
Allentown Cement Co., Inc.--Evansville Plant...................         PA-06-1002              Berks     10/11/95    04/18/97, 62 FR  (c)(118)(i)(B)(3)
                                                                                                                                19047                  .
Quaker Maid (Schrock Cabinet Group)--Leesport..................         OP-06-1028              Berks     10/27/95    04/18/97, 62 FR  (c)(118)(i)(B)(4)
                                                                                                                                19047                  .
Brentwood Industries, Inc.--Reading Plant......................         PA-06-1006              Berks      2/12/96    04/18/97, 62 FR  (c)(118)(i)(B)(5)
                                                                                                                                19047                  .
Metropolitan Edison Co. (MetEd)--Titus Station.................         PA-06-1024              Berks       3/9/95    04/18/97, 62 FR  (c)(118)(i)(B)(6)
                                                                                                                                19047                  .

[[Page 626]]

 
ICI Fluoropolymers--Downingtown................................         PA-15-0009            Chester      10/3/95    04/18/97, 62 FR  (c)(118)(i)(B)(7)
                                                                        CP-15-0009                                              19047                  .
Synthetic Thread Co., Inc.--Bethlehem..........................        PA-39-0007A             Lehigh      8/10/95    04/18/97, 62 FR  (c)(118)(i)(B)(8)
                                                                                                                                19047                  .
Bird-in-Hand Woodwork, Inc. (Childcraft Education Corp.).......         OP-36-2022          Lancaster      9/27/95    04/18/97, 62 FR  (c)(118)(i)(B)(9)
                                                                                                                                19047                  .
Heinz Pet Products--Bloomsburg.................................         OP-19-0003           Columbia     11/27/95    08/21/97, 62 FR  (c)(119)(i)(B)(1)
                                                                                                                                44413                  .
Graco Children's Products, Inc.--Elverson......................         OP-15-0006            Chester     11/30/95    08/21/97, 62 FR  (c)(119)(i)(B)(2)
                                                                                                                                44413                  .
Texas Eastern Transmission Corp.--Bernville....................         OP-06-1033              Berks      1/31/97    04/18/97, 62 FR  (c)(120)(i)(B)(1)
                                                                                                                                19049                  .
Texas Eastern Transmission Corp.--Bechtelsville................         OP-06-1034              Berks      1/31/97    04/18/97, 62 FR  (c)(120)(i)(B)(2)
                                                                                                                                19049                  .
Carpenter Technology Corp.--Reading Plant......................         OP-06-1007              Berks      9/27/96    04/18/97, 62 FR  (c)(120)(i)(B)(3)
                                                                                                                                19049         , (ii)(B).
North American Fluoropolymers Co. (NAFCO)......................    06-1026, CP-06-              Berks      4/19/95    04/18/97, 62 FR  (c)(120)(i)(B)(4)
                                                                              1026                          6/1/95              19049         , (ii)(B).
CNG Transmission Corp.--Ellisburg Compressor Station...........        PA-53-0004A             Potter      2/29/96    06/11/97, 62 FR  (c)(121)(i)(B)(1)
                                                                                                                                31732                  .
CNG Transmission Corp.--Ellisburg Compressor Station...........         OP-53-0004             Potter      2/29/96    06/11/97, 62 FR  (c)(121)(i)(B)(1)
                                                                                                                                31732                  .
CNG Transmission Corp.--Ellisburg Compressor Station...........        CP-53-0004A             Potter      2/29/96    06/11/97, 62 FR  (c)(121)(i)(B)(1)
                                                                                                                                31732                  .
CNG Transmission Corp.--Greenlick Compressor Station...........        PA-53-0003A             Potter     12/18/95    06/11/97, 62 FR  (c)(121)(i)(B)(2)
                                                                                                                                31732                  .
CNG Transmission Corp.--Greenlick Station......................        CP-53-0003A             Potter     12/18/95    06/11/97, 62 FR  (c)(121)(i)(B)(2)
                                                                                                                                31732                  .
CNG Transmission Corp.--Greenlick Compressor Station...........         OP-53-0003             Potter      2/18/95    06/11/97, 62 FR  (c)(121)(i)(B)(2)
                                                                                                                                31732                  .
CNG Transmission Corp.--Crayne Station.........................         30-000-089             Greene      2/22/95    06/11/97, 62 FR  (c)(121)(i)(B)(3)
                                                                                                                                31732                  .
CNG Transmission Corp.--State Line Station.....................         OP-53-0008             Potter      1/10/96    06/11/97, 62 FR  (c)(121)(i)(B)(4)
                                                                                                                                31732                  .
CNG Transmission Corp.--Big Run Station........................          PA-33-147          Jefferson      6/27/95    06/11/97, 62 FR  (c)(121)(i)(B)(5)
                                                                                                                                31732                  .
Medusa Cement Company..........................................          OP-37-013           Lawrence      7/27/95    06/03/97, 62 FR  (c)(122)(i)(B)(1)
                                                                                                                                30250                  .
Keystone Cement Co.............................................         OP-48-0003        Northampton      5/25/95    06/03/97, 62 FR  (c)(122)(i)(B)(2)
                                                                                                                                30250                  .

[[Page 627]]

 
Lehigh Portland Cement Company.................................         OP-67-2024               York      5/26/95    06/03/97, 62 FR  (c)(122)(i)(B)(3)
                                                                                                                                30250                  .
Mercer Lime and Stone Company..................................          OP-10-023             Butler      5/31/95    06/03/97, 62 FR  (c)(122)(i)(B)(4)
                                                                                                                                30250                  .
Con-Lime, Inc..................................................         OP-14-0001             Centre      6/30/95    06/03/97, 62 FR  (c)(122)(i)(B)(5)
                                                                                                                                30250                  .
Pennzoil Products Co.--Rouseville..............................          PA-61-016            Venango       9/8/95    06/11/97, 62 FR    (c)(124)(i)(B).
                                                                                                                                31738
R. R. Donnelley & Sons Co.--Lancaster East Plant...............         OP-36-2027          Lancaster      7/14/95    07/21/97, 62 FR    (c)(125)(i)(B);
                                                                                                                                33891          52.2036j.
Panther Creek Partners.........................................         OP-13-0003             Carbon      12/2/96    09/29/97, 62 FR    (c)(128)(i)(B).
                                                                                                                                50871
Allegro Microsystems, W.G., Inc.--Willow Grove.................         OP-46-0006         Montgomery     12/19/97    03/09/98, 63 FR  (c)(130)(i)(B)(1)
                                                                                                                                11370                  .
Hale Products, Inc.--Conshohocken..............................         OP-46-0057         Montgomery     11/21/97    03/09/98, 63 FR  (c)(130)(i)(B)(2)
                                                                                                                                11370                  .
Con-Lime, Inc.--Bellefonte.....................................         OP-14-0001             Centre       1/7/98    03/09/98, 63 FR  (c)(130)(i)(B)(3)
                                                                                                                                11370                  .
Coastal Aluminum Rolling Mills, Inc.--Williamsport.............         OP-41-0007           Lycoming     11/21/97    03/09/98, 63 FR  (c)(130)(i)(B)(4)
                                                                                                                                11370                  .
ABP/International Envelope Co..................................         OP-15-0023            Chester      11/2/95    03/09/98, 63 FR  (c)(130)(i)(B)(5)
                                                                                                                                11370                  .
Brown Printing Company.........................................         CP-46-0018         Montgomery      9/26/96    03/09/98, 63 FR  (c)(130)(i)(B)(6)
                                                                                                          10/27/97              11370                  .
Fibre-Metal Products Company...................................         OP-23-0025           Delaware      2/20/98    06/29/98, 63 FR  (c)(132)(i)(B)(1)
                                                                                                                                35145                  .
Finnaren & Haley, Inc..........................................         OP-46-0070         Montgomery       3/5/98    06/29/98, 63 FR  (c)(132)(i)(B)(2)
                                                                                                                                35145                  .
Fres-co System USA, Inc........................................         OP-09-0027              Bucks       3/5/98    06/29/98, 63 FR  (c)(132)(i)(B)(3)
                                                                                                                                35145                  .
Graphic Packaging Corporation..................................         OP-15-0013            Chester      2/28/98    06/29/98, 63 FR  (c)(132)(i)(B)(4)
                                                                                                                                35145                  .
Montour Oil Service Company, a division of Sun Company, Inc....         OP-41-0013           Lycoming      3/19/98    06/29/98, 63 FR  (c)(132)(i)(B)(5)
                                                                                                                                35145                  .
Atlantic Refining and Marketing Corp. (Sun Co., Inc. (R&M))....         OP-49-0015        Northampton      3/19/98    06/29/98, 63 FR  (c)(132)(i)(B)(6)
                                                                                                                                35145                  .
Transwall Corporation..........................................         OP-15-0025            Chester      3/10/98    06/29/98, 63 FR  (c)(132)(i)(B)(7)
                                                                                                                                35145                  .
Tavo Packaging (formerly Mead Packaging Company)...............         OP-09-0008              Bucks      11/8/95    06/29/98, 63 FR  (c)(132)(i)(B)(8)
                                                                                                                                35145                  .
CNG Transmission Corp.--Harrison Compressor Station............        PA-53-0005A             Potter      4/16/96    10/08/98, 63 FR  (c)(134)(i)(B)(1)
                                                                                                                                54050                  .
CNG Transmission Corp.--Harrison Compressor Station............         OP-53-0005             Potter      4/16/96    10/08/98, 63 FR  (c)(134)(i)(B)(1)
                                                                                                                                54050                  .
CNG Transmission Corp.--Harrison Station.......................        CP-53-0005A             Potter      4/16/96    10/08/98, 63 FR  (c)(134)(i)(B)(1)
                                                                                                                                54050                  .

[[Page 628]]

 
CNG Transmission Corp.--Leidy Station..........................        PA-18-0004A            Clinton      3/25/96    10/08/98, 63 FR  (c)(134)(i)(B)(2)
                                                                                                                                54050                  .
CNG Transmission Corp.--Leidy Compressor Station...............         OP-18-0004            Clinton      2/29/96    10/08/98, 63 FR  (c)(134)(i)(B)(2)
                                                                                                                                54050                  .
CNG Transmission Corp.--Leidy Station..........................        CP-18-0004A            Clinton      3/25/96    10/08/98, 63 FR  (c)(134)(i)(B)(2)
                                                                                                                                54050                  .
CNG Transmission Corp.--Sabinsville Compressor Station.........        PA-59-0002A              Tioga     12/18/95    10/08/98, 63 FR  (c)(134)(i)(B)(3)
                                                                                                                                54050                  .
CNG Transmission Corp.--Sabinsville Compressor Station.........         OP-59-0002              Tioga     12/18/95    10/08/98, 63 FR  (c)(134)(i)(B)(3)
                                                                                                                                54050                  .
CNG Transmission Corp.--Sabinsville Station....................        CP-59-0002A              Tioga     12/18/95    10/08/98, 63 FR  (c)(134)(i)(B)(3)
                                                                                                                                54050                  .
CNG Transmission Corp.--Tioga Station..........................         OP-59-0006              Tioga      1/16/96    10/08/98, 63 FR  (c)(134)(i)(B)(4)
                                                                                                                                54050                  .
Eldorado Properties Corp.--Northumberland Terminal.............         OP-49-0016     Northumberland       5/1/98    11/06/98, 63 FR  (c)(136)(i)(B)(1)
                                                                                                                                59884                  .
Endura Products, Inc...........................................         OP-09-0028              Bucks      5/13/98    11/06/98, 63 FR  (c)(136)(i)(B)(2)
                                                                                                                                59884                  .
Ford Electronics & Refrigeration Company.......................         OP-46-0036         Montgomery      4/30/98    11/06/98, 63 FR  (c)(136)(i)(B)(3)
                                                                                                                                59884                  .
H & N Packaging, Inc. (formerly Paramount Packaging Corp.).....         OP-09-0038              Bucks       6/8/98    11/06/98, 63 FR  (c)(136)(i)(B)(4)
                                                                                                                                59884                  .
Lancaster County Solid Waste Management Authority..............           36-02013          Lancaster       6/3/98    11/06/98, 63 FR  (c)(136)(i)(B)(5)
                                                                                                                                59884                  .
Monsey Products Co.--Kimberton.................................         OP-15-0031            Chester       6/4/98    11/06/98, 63 FR  (c)(136)(i)(B)(6)
                                                                                                                                59884                  .
Ortho-McNeil Pharmaceutical--Spring House......................         OP-46-0027         Montgomery       6/4/98    11/06/98, 63 FR  (c)(136)(i)(B)(7)
                                                                                                                                59884                  .
Piccari Press, Inc.............................................         OP-09-0040              Bucks      4/29/98    11/06/98, 63 FR  (c)(136)(i)(B)(8)
                                                                                                                                59884                  .
Pierce and Stevens Corp.--Kimberton............................         OP-15-0011            Chester      3/27/98    11/06/98, 63 FR  (c)(136)(i)(B)(9)
                                                                                                                                59884                  .
PQ Corporation--Chester........................................         OP-23-0016           Delaware      6/16/98    11/06/98, 63 FR  (c)(136)(i)(B)(10
                                                                                                                                59884                 ).
Reynolds Metals Company Downington.............................         OP-15-0004            Chester       5/8/98    11/06/98, 63 FR  (c)(136)(i)(B)(11
                                                                                                                                59884                 ).
Rhone-Poulenc Rorer Pharmaceutical, Inc........................        OP-46-0048B         Montgomery       4/2/98    11/06/98, 63 FR  (c)(136)(i)(B)(12
                                                                                                                                59884                 ).
Superior Tube Company..........................................         OP-46-0020         Montgomery      4/17/98    11/06/98, 63 FR  (c)(136)(i)(B)(13
                                                                                                                                59884                 ).
Uniform Tubes Inc..............................................        OP-46-0046A         Montgomery      3/26/98    11/06/98, 63 FR  (c)(136)(i)(B)(14
                                                                                                                                59884                 ).
U.S. Air Force--Willow Grove Air Reserve Station...............         OP-46-0072         Montgomery       5/1/98    11/06/98, 63 FR  (c)(136)(i)(B)(15
                                                                                                                                59884                 ).

[[Page 629]]

 
Naval Air Station, Joint Reserve Base--Willow Grove............         OP-46-0079         Montgomery       5/4/98    11/06/98, 63 FR  (c)(136)(i)(B)(16
                                                                                                                                59884                 ).
Columbia Gas Transmission Corp.--Artemas Compressor Station....            05-2006            Bedford      4/19/95    12/03/98, 63 FR  (c)(137)(i)B)(1).
                                                                                                                                66755
Columbia Gas Transmission Corp.--Donegal Compressor Station....         63-000-631         Washington      7/10/95    12/03/98, 63 FR  (c)(137)(i)B)(2).
                                                                                                                                66755
Columbia Gas Transmission Corp.--Gettysburg Compressor Station.            01-2003              Adams      4/21/95    12/03/98, 63 FR  (c)(137)(i)B)(3).
                                                                                                                                66755
Columbia Gas Transmission Corp.--Eagle Compressor Station......         OP-15-0022            Chester       2/1/96    12/03/98, 63 FR  (c)(137)(i)B)(4).
                                                                                                                                66755
Columbia Gas Transmission Corp.--Downingtown...................         CP-15-0020            Chester      9/15/95    12/03/98, 63 FR  (c)(137)(i)B)(5).
                                                                                                                                66755
GKN Sinter Metals, Inc.........................................         OP-12-0002            Cameron     10/30/98    04/16/99, 64 FR  (c)(138)(i)(B)(1)
                                                                                                                                18821                  .
Cabinet Industries, Inc.--Water Street Plant...................         OP-47-0005            Montour      9/21/98    04/16/99, 64 FR  (c)(138)(i)(B)(2)
                                                                                                                                18821                  .
Springs Window Fashions Division, Inc..........................         OP-41-0014           Lycoming      9/29/98    04/16/99, 64 FR  (c)(138)(i)(B)(3)
                                                                                                                                18821                  .
Centennial Printing Corp.......................................         OP-46-0068         Montgomery     10/31/96    04/16/99, 64 FR  (c)(138)(i)(B)(4)
                                                                                                           5/11/98              18821                  .
Strick Corp.--Danville.........................................         OP-47-0002            Montour      8/28/96    04/16/99, 64 FR  (c)(138)(i)(B)(5)
                                                                                                                                18821                  .
Handy and Harmon Tube Co.--Norristown..........................         OP-46-0016         Montgomery      9/25/95    04/16/99, 64 FR  (c)(138)(i)(B)(6)
                                                                                                                                18821                  .
Boeing Defense & Space Group--Helicopters Div..................         CP-23-0009           Delaware       9/3/97    12/15/00, 65 FR  (c)(143)(i)(B)(1)
                                                                                                                                78418                  .
Delaware County Regional Authority's Western Regional Treatment         OP-23-0032           Delaware      3/12/97    12/15/00, 65 FR  (c)(143)(i)(B)(2)
 Plant (DELCORA WRTP)..........................................                                            5/16/97              78418                  .
Delbar Products, Inc.--Perkasie................................         OP-09-0025              Bucks       2/1/96    12/15/00, 65 FR  (c)(143)(i)(B)(3)
                                                                                                                                78418                  .
Department of Public Welfare (NSH)--Norristown.................         OP-46-0060         Montgomery      1/21/98    12/15/00, 65 FR  (c)(143)(i)(B)(4)
                                                                                                                                78418                  .
Dopaco, Inc.--Downingtown......................................         CP-15-0029            Chester       3/6/96    12/15/00, 65 FR  (c)(143)(i)(B)(5)
                                                                                                                                78418                  .
Garlock, Inc. (Plastomer Products).............................         PA-09-0035              Bucks      3/12/97    12/15/00, 65 FR  (c)(143)(i)(B)(6)
                                                                                                                                78418                  .
Interstate Brands Corporation (formerly, Continental Baking        PLID (51-) 5811       Philadelphia      4/10/95    12/15/00, 65 FR  (c)(143)(i)(B)(7)
 Company)......................................................                                                                 78418                  .
J. B. Slevin Company Inc.--Lansdowne...........................         OP-23-0013           Delaware       9/3/96    12/15/00, 65 FR  (c)(143)(i)(B)(8)
                                                                                                                                78418                  .
Laclede Steel Co.--Fairless Hills..............................         OP-09-0023              Bucks      7/17/95    12/15/00, 65 FR  (c)(143)(i)(B)(9)
                                                                                                                                78418                  .

[[Page 630]]

 
LNP Engineering Plastics, Inc.--Thorndale......................         OP-15-0035            Chester     10/31/97    12/15/00, 65 FR  (c)(143)(i)(B)(10
                                                                                                                                78418                 ).
Lukens Steel Co.--Coatesville..................................         OP-15-0010            Chester       5/6/99    12/15/00, 65 FR  (c)(143)(i)(B)(11
                                                                                                                                78418                 ).
Nabisco Biscuit Co.............................................    PLID (51-) 3201       Philadelphia      4/10/95    12/15/00, 65 FR  (c)(143)(i)(B)(12
                                                                                                                                78418                 ).
PECO Energy Co.--Croydon Generating Station....................        OP-09-0016A              Bucks     12/20/96    12/15/00, 65 FR  (c)(143)(i)(B)(13
                                                                                                                                78418                 ).
PECO Energy Co.--Limerick Generating Station...................         OP-46-0038         Montgomery      7/25/95    12/15/00, 65 FR  (c)(143)(i)(B)(14
                                                                                                                                78418                 ).
PECO Energy Co.--USX Fairless Works Powerhouse.................         OP-09-0066              Bucks     12/31/98    12/15/00, 65 FR  (c)(143)(i)(B)(15
                                                                                                            4/6/99              78418                 ).
PECO Energy Co.--West Conshohocken Plant.......................        OP-46-0045A         Montgomery      12/4/97    12/15/00, 65 FR  (c)(143)(i)(B)(16
                                                                                                                                78418                 ).
Pennsylvania Electric Co.--Front Street Station................            25-0041               Erie      2/25/99    12/15/00, 65 FR  (c)(143)(i)(B)(17
                                                                                                                                78418                 ).
American Inks and Coatings Corp.--Valley Forge.................        OP-15-0026A            Chester      1/10/97    12/15/00, 65 FR  (c)(143)(i)(B)(18
                                                                                                                                78418                 ).
Avery Dennison Co. (Fasson Roll Division)--Quakertown..........        OP-09-0001A              Bucks      10/2/97    12/15/00, 65 FR  (c)(143)(i)(B)(19
                                                                                                                                78418                 ).
Cabot Performance Materials--Boyertown.........................         OP-46-0037         Montgomery      4/13/99    12/15/00, 65 FR  (c)(143)(i)(B)(20
                                                                                                                                78418                 ).
Cleveland Steel Container Corp.--Quakertown....................         OP-09-0022              Bucks      9/30/96    12/15/00, 65 FR  (c)(143)(i)(B)(21
                                                                                                                                78418                 ).
CMS Gilbreth Packaging Systems--Bristol........................         OP-09-0036              Bucks       1/7/97    12/15/00, 65 FR  (c)(143)(i)(B)(22
                                                                                                                                78418                 ).
CMS Gilbreth Packaging Systems--Bensalem.......................         OP-09-0037              Bucks      4/10/97    12/15/00, 65 FR  (c)(143)(i)(B)(23
                                                                                                                                78418                 ).
Congoleum Corp.--Marcus Hook...................................         OP-23-0021           Delaware     12/31/98    12/15/00, 65 FR  (c)(143)(i)(B)(24
                                                                                                                                78418                 ).
Epsilon Products Co.--Marcus Hook..............................         OP-23-0012           Delaware      2/15/96    12/15/00, 65 FR  (c)(143)(i)(B)(25
                                                                                                                                78418                 ).
Foamex International, Inc.--Eddystone..........................        OP-23-0006A           Delaware      3/30/99    12/15/00, 65 FR  (c)(143)(i)(B)(26
                                                                                                                                78418                 ).
Forms, Inc., Spectra Graphics--Willow Grove....................         OP-46-0023         Montgomery      11/9/95       12/15/00, 65  (c)(143)(i)(B)(27
                                                                                                           3/25/98            FR78418                 ).
Global Packaging, Inc. (formerly BG Packaging)--Oaks...........         OP-46-0026         Montgomery      8/30/96       12/15/00, 65  (c)(143)(i)(B)(28
                                                                                                          12/24/97            FR78418                 ).
Jefferson Smurfit Corp. (Container Corp. of Amer.)--Oaks.......         OP-46-0041         Montgomery      4/18/97       12/15/00, 65  (c)(143)(i)(B)(29
                                                                                                                              FR78418                 ).
Jefferson Smurfit Corp. (Container Corp. of Amer.)--North Wales         OP-46-0062         Montgomery      7/15/96    12/15/00, 65 FR  (c)(143)(i)(B)(30
                                                                                                                                78418                 ).

[[Page 631]]

 
Lonza, Inc.--Conshohocken......................................         OP-46-0025         Montgomery      4/22/97    12/15/00, 65 FR  (c)(143)(i)(B)(31
                                                                                                           6/16/98              78418                 ).
Markel Corporation.............................................         OP-46-0081         Montgomery       4/9/99    12/15/00, 65 FR  (c)(143)(i)(B)(32
                                                                                                                                78418                 ).
McCorquodale Security Cards, Inc.--West Whiteland..............         OP-15-0037            Chester       9/3/96    12/15/00, 65 FR  (c)(143)(i)(B)(33
                                                                                                                                78418                 ).
Mike-Rich, Inc. (MRI)--Newtown.................................         OP-09-0021              Bucks     12/20/96    12/15/00, 65 FR  (c)(143)(i)(B)(34
                                                                                                                                78418                 ).
Minnesota Mining and Manufacturing (3M) Company--Bristol.......         CP-09-0005              Bucks       8/8/96    12/15/00, 65 FR  (c)(143)(i)(B)(35
                                                                                                                                78418                 ).
MM Biogas Power LLC (formerly O'Brien Environmental Energy,             CP-46-0067         Montgomery     10/31/97    12/15/00, 65 FR  (c)(143)(i)(B)(36
 Inc.).........................................................                                                                 78418                 ).
Norwood Industries, Inc.--Frazer...............................        OP-15-0014A            Chester     12/20/96    12/15/00, 65 FR  (c)(143)(i)(B)(37
                                                                                                           12/2/99              78418                 ).
NVF Company....................................................         OP-15-0030            Chester      4/13/99    12/15/00, 65 FR  (c)(143)(i)(B)(38
                                                                                                                                78418                 ).
Occidental Chemical Corp. (Vinyls Div.)--Pottstown.............         OP-46-0015         Montgomery      11/7/96    12/15/00, 65 FR  (c)(143)(i)(B)(39
                                                                                                                                78418                 ).
Philadelphia Newspapers, Inc. (Schuylkill Printing Plant)......         OP-46-0012         Montgomery      8/30/96    12/15/00, 65 FR  (c)(143)(i)(B)(40
                                                                                                           3/15/00              78418                 ).
The Proctor and Gamble Paper Products Co.......................         OP-66-0001            Wyoming       4/4/97    12/15/00, 65 FR  (c)(143)(i)(B)(41
                                                                                                                                78418                 ).
Quebecor Printing Atglen, Inc.--Atglen.........................         OP-15-0002            Chester     12/10/96    12/15/00, 65 FR  (c)(143)(i)(B)(42
                                                                                                                                78418                 ).
Sartomer Company, Inc..........................................         OP-15-0015            Chester      1/17/96    12/15/00, 65 FR  (c)(143)(i)(B)(43
                                                                                                           3/25/98              78418                 ).
Silberline Manufacturing Co....................................         OP-54-0041         Schuylkill      4/19/99    12/15/00, 65 FR  (c)(143)(i)(B)(44
                                                                                                                                78418                 ).
SmithKline Beecham Research Co. (formerly Sterling Winthrop,            OP-46-0031         Montgomery     10/31/97    12/15/00, 65 FR  (c)(143)(i)(B)(45
 Inc.).........................................................                                             5/1/98              78418                 ).
Sullivan Graphics, Inc.--York..................................         OP-67-2023               York      8/22/95    12/15/00, 65 FR  (c)(143)(i)(B)(46
                                                                                                                                78418                 ).
Sun Company, Inc (R&M) (formerly Chevron USA)--Tinicum.........         OP-23-0010           Delaware     10/31/96    12/15/00, 65 FR  (c)(143)(i)(B)(47
                                                                                                                                78418                 ).
Sun Company, Inc (R&M) (formerly Chevron USA)--Darby...........         OP-23-0011           Delaware     10/31/96    12/15/00, 65 FR  (c)(143)(i)(B)(48
                                                                                                                                78418                 ).
Universal Packaging Corporation................................         OP-46-0156         Montgomery       4/8/99    12/15/00, 65 FR  (c)(143)(i)(B)(49
                                                                                                                                78418                 ).
Zenith Products Corp.--Aston...................................         OP-23-0008           Delaware       4/7/97    12/15/00, 65 FR  (c)(143)(i)(B)(50
                                                                                                                                78418                 ).
Budd Company...................................................       PLID 51-1564       Philadelphia     12/28/95    12/15/00, 65 FR  (c)(143)(i)(B)(51
                                                                                                                                78418                 ).
Bellevue Cogeneration Plant....................................    PLID (51-) 6513       Philadelphia      4/10/95    12/15/00, 65 FR  (c)(143)(i)(B)(52
                                                                                                                                78418                 ).

[[Page 632]]

 
MSC Pre-Finish Metals, Inc.--Morrisville.......................         OP-09-0030              Bucks      11/7/96    12/15/00, 65 FR  (c)(143)(i)(B)(53
                                                                                                           3/31/98              78418                 ).
Temple University, Health Sciences Center......................    PLID (51-) 8906       Philadelphia      5/27/95    12/15/00, 65 FR  (c)(143)(i)(B)(54
                                                                                                                                78418                 ).
TRIGEN--Schuylkill Station.....................................    PLID (51-) 4942       Philadelphia      5/29/95    12/15/00, 65 FR  (c)(143)(i)(B)(55
                                                                                                                                78418                 ).
TRIGEN--Edison Station.........................................    PLID (51-) 4902       Philadelphia      5/29/95    12/15/00, 65 FR  (c)(143)(i)(B)(56
                                                                                                                                78418                 ).
Advanced Glassfiber Yarns LLC (formerly Owens Corning)--               OP-31-02002         Huntingdon      4/13/99    08/06/01, 66 FR  (c)(149)(i)(B)(1)
 Huntingdon....................................................                                                                 40891                  .
Armstrong World Industries, Inc.--Beech Creek..................         OP-18-0002            Clinton       7/6/95    08/06/01, 66 FR  (c)(149)(i)(B)(2)
                                                                                                                                40891                  .
Bemis Company, Film Division...................................        OP-40-0007A            Luzerne     10/10/95    08/06/01, 66 FR  (c)(149)(i)(B)(3)
                                                                                                                                40891                  .
Brentwood Industries, Inc......................................        PA-06-1006A              Berks       6/3/99    08/06/01, 66 FR  (c)(149)(i)(B)(4)
                                                                                                                                40891                  .
Certainteed Corp.--Mountaintop.................................         OP-40-0010            Luzerne      5/31/96    08/06/01, 66 FR  (c)(149)(i)(B)(5)
                                                                                                                                40891                  .
CNG Transmission Corp.--Ardell Station.........................          OP-24-120                Elk      9/30/95    08/06/01, 66 FR  (c)(149)(i)(B)(6)
                                                                                                                                40891                  .
CNG Transmission Corp.--Finnefrock Station.....................        PA-18-0003A            Clinton      2/29/96    08/06/01, 66 FR  (c)(149)(i)(B)(7)
                                                                                                                                40891                  .
Consol Pennsylvania Coal Company--Bailey Prep Plant............      OP-30-000-072             Greene      3/23/99    08/06/01, 66 FR  (c)(149)(i)(B)(8)
                                                                                                                                40891                  .
Consolidated Rail Corp. (CONRAIL)--Hollidaysburg Car Shop......         OP-07-2002              Blair      8/29/95    08/06/01, 66 FR  (c)(149)(i)(B)(9)
                                                                                                                                40891                  .
Consolidated Rail Corp. (CONRAIL)--Juniata.....................         OP-07-2003              Blair      8/29/95    08/06/01, 66 FR  (c)(149)(i)(B)(10
                                                                                                                                40891                 ).
Containment Solutions, Inc. (formerly called Fluid Containment--       OP-31-02005         Huntingdon       4/9/99    08/06/01, 66 FR  (c)(149)(i)(B)(11
 Mt. Union)....................................................                                                                 40891                 ).
Cooper Energy Systems, Grove City..............................          OP-43-003             Mercer      7/25/96    08/06/01, 66 FR  (c)(149)(i)(B)(12
                                                                                                                                40891                 ).
Cyprus Cumberland Resources Corp...............................      OP-30-000-040             Greene      3/26/99    08/06/01, 66 FR  (c)(149)(i)(B)(13
                                                                                                                                40891                 ).
Defense Distribution--Susquehanna..............................        OP-67-02041               York       2/1/00    08/06/01, 66 FR  (c)(149)(i)(B)(14
                                                                                                                                40891                 ).
EMI Company....................................................          OP-25-070               Erie     10/24/96    08/06/01, 66 FR  (c)(149)(i)(B)(15
                                                                                                                                40891                 ).
Empire Sanitary Landfill, Inc..................................         OP-35-0009         Lackawanna     10/17/96    08/06/01, 66 FR  (c)(149)(i)(B)(16
                                                                                                                                40891                 ).
Equitrans, Inc.--Rogersville Station...........................     (OP)30-000-109             Greene      7/10/95    08/06/01, 66 FR  (c)(149)(i)(B)(17
                                                                                                                                40891                 ).
Equitrans, Inc.--Pratt Station.................................     (OP)30-000-110             Greene      7/10/95    08/06/01, 66 FR  (c)(149)(i)(B)(18
                                                                                                                                40891                 ).
Erie Coke Corporation--Erie....................................          OP-25-029               Erie      6/27/95    08/06/01, 66 FR  (c)(149)(i)(B)(19
                                                                                                                                40891                 ).

[[Page 633]]

 
Fleetwood Folding Trailers, Inc.--Somerset.....................     (OP)56-000-151           Somerset      2/28/96    08/06/01, 66 FR  (c)(149)(i)(B)(20
                                                                                                                                40891                 ).
Gichner Systems Group, Inc.....................................        (OP)67-2033               York       8/5/97    08/06/01, 66 FR  (c)(149)(i)(B)(21
                                                                                                                                40891                 ).
Offset Paperback Manufacturers, Inc.--Dallas...................        (OP)40-0008            Luzerne      4/16/99    08/06/01, 66 FR  (c)(149)(i)(B)(22
                                                                                                                                40891                 ).
Overhead Door Corporation--Mifflin County......................        (OP)44-2011            Mifflin       6/4/97    08/06/01, 66 FR  (c)(149)(i)(B)(23
                                                                                                                                40891                 ).
SANYO Audio Manufacturing (USA) Corp...........................        (OP)44-2003            Mifflin      6/30/95    08/06/01, 66 FR  (c)(149)(i)(B)(24
                                                                                                                                40891                 ).
Stroehmann Bakeries OP--Luzerne County.........................       (OP)40-0014A            Luzerne      5/30/95    08/06/01, 66 FR  (c)(149)(i)(B)(25
                                                                                                                                40891                 ).
Merck and Co., Inc.--West Point Facility.......................         OP-46-0005         Montgomery      1/13/97    04/18/01, 66 FR    (c)(154)(i)(D).
                                                                                                           6/23/00              19858
Amerada Hess Corp..............................................      PA-PLID (51-)       Philadelphia      5/29/95    10/31/01, 66 FR  (c)(156)(i)(B)(1)
                                                                              5009                                              54936                  .
Amoco Oil Company..............................................      PA-PLID (51-)       Philadelphia      5/29/95    10/31/01, 66 FR  (c)(156)(i)(B)(2)
                                                                              5011                                              54936                  .
Cartex Corporation.............................................         OP-09-0076              Bucks       4/9/99    10/31/01, 66 FR  (c)(156)(i)(B)(3)
                                                                                                                                54936                  .
Exxon Company, USA.............................................      PA-PLID (51-)       Philadelphia      5/29/95    10/31/01, 66 FR  (c)(156)(i)(B)(4)
                                                                              5008                                              54936                  .
GATX Terminals Corporation.....................................      PA-PLID (51-)       Philadelphia      5/29/95    10/31/01, 66 FR  (c)(156)(i)(B)(5)
                                                                              5003                                              54936                  .
Hatfield Quality Meats, Inc.--Hatfield.........................        OP-46-0013A         Montgomery       1/9/97    10/31/01, 66 FR  (c)(156)(i)(B)(6)
                                                                                                           10/1/98              54936                  .
J. L. Clark, Inc...............................................        OP-36-02009          Lancaster      4/16/99    10/31/01, 66 FR  (c)(156)(i)(B)(7)
                                                                                                                                54936                  .
Johnson Matthey, Inc.--Wayne...................................         OP-15-0027            Chester       8/3/98    10/31/01, 66 FR  (c)(156)(i)(B)(8)
                                                                                                           4/15/99              54936                  .
Kurz Hastings, Inc.............................................      PA-PLID (51-)       Philadelphia      5/29/95    10/31/01, 66 FR  (c)(156)(i)(B)(9)
                                                                              1585                                              54936                  .
Lawrence McFadden, Inc.........................................      PA-PLID (51-)       Philadelphia      6/11/97    10/31/01, 66 FR  (c)(156)(i)(B)(10
                                                                              2074                                              54936                 ).
Philadelphia Baking Company....................................      PA-PLID (51-)       Philadelphia      4/10/95    10/31/01, 66 FR  (c)(156)(i)(B)(11
                                                                              3048                                              54936                 ).
Philadelphia Gas Works--Passyunk...............................    PA-PLID (51-) -       Philadelphia      5/29/95    10/31/01, 66 FR  (c)(156)(i)(B)(12
                                                                              4921                                              54936                 ).
PPG Industries, Inc. (BASF)....................................         OP-23-0005           Delaware       6/4/97    10/31/01, 66 FR  (c)(156)(i)(B)(13
                                                                                                                                54936                 ).
SmithKline Beecham Pharmaceuticals.............................         OP-46-0035         Montgomery      3/27/97    10/31/01, 66 FR  (c)(156)(i)(B)(14
                                                                                                          10/20/98              54936                 ).
Teva Pharmaceuticals USA (formerly Lemmon company).............         OP-09-0010              Bucks       4/9/99    10/31/01, 66 FR  (c)(156)(i)(B)(15
                                                                                                                                54936                 ).
The Philadelphian Condominium Building.........................      PA-PLID (51-)       Philadelphia      5/29/95    10/31/01, 66 FR  (c)(156)(i)(B)(16
                                                                              6512                                              54936                 ).
Warner Company.................................................         OP-15-0001            Chester      7/17/95    10/31/01, 66 FR  (c)(156)(i)(B)(17
                                                                                                                                54936                 ).
Webcraft Technologies, Inc.....................................         OP-09-0009              Bucks      4/18/96    10/31/01, 66 FR  (c)(156)(i)(B)(18
                                                                                                          10/15/98              54936                 ).
Latrobe Steel Company--Latrobe.................................      OP-65-000-016       Westmoreland     12/22/95    10/16/01, 66 FR    (c)(158)(i)(B).
                                                                                                                                52517

[[Page 634]]

 
Allegheny Ludlum Corporation--Brackenridge.....................             CO-260          Allegheny     12/19/96    10/18/01, 66 FR    (c)(159)(i)(B).
                                                                                                                                52851
Kosmos Cement Co.--Neville Island Facility.....................             EO-208          Allegheny     12/19/96    10/18/01, 66 FR  (c)(160)(i)(B)(1)
                                                                                                                                52857                  .
Armstrong Cement and Supply Company--Cabot.....................          OP-10-028             Butler      3/31/99    10/18/01, 66 FR  (c)(160)(i)(B)(2)
                                                                                                                                52857                  .
Duquesne Light Company--Cheswick Power Station.................             CO-217          Allegheny       3/8/96    10/18/01, 66 FR  (c)(161)(i)(B)(1)
                                                                                                                                52867                  .
Duquesne Light Company--Elrama Plant...........................     (PA)63-000-014         Washington     12/29/94    10/18/01, 66 FR  (c)(161)(i)(B)(2)
                                                                                                                                52867                  .
Pennsylvania Electric Co. (PENELEC)--Keystone Generating           (PA-)03-000-027          Armstrong     12/29/94    10/18/01, 66 FR  (c)(161)(i)(B)(3)
 Station.......................................................                                                                 52867                  .
IDL, Incorporated..............................................             CO-225          Allegheny      7/18/96    10/18/01, 66 FR  (c)(162)(i)(B)(1)
                                                                                                                                52862                  .
Oakmont Pharmaceutical, Inc....................................             CO-252          Allegheny     12/19/96    10/18/01, 66 FR  (c)(162)(i)(B)(2)
                                                                                                                                52862                  .
U.S. Air, Inc..................................................             CO-255          Allegheny      1/14/97    10/18/01, 66 FR  (c)(162)(i)(B)(3)
                                                                                                                                52862                  .
Lukens Steel Corporation--Houston Plant........................     (OP)63-000-080         Washington      2/22/99    10/16/01, 66 FR  (c)(163)(i)(B)(1)
                                                                                                                                52522                  .
Allegheny Ludlum Steel Corporation--West Leechburg Plant.......     (OP)65-000-183       Westmoreland      3/23/99    10/16/01, 66 FR  (c)(163)(i)(B)(2)
                                                                                                                                52522                  .
(Allegheny Ludlum Corporation) Jessop Steel Company--Washington     (OP)63-000-027         Washington      3/26/99    10/16/01, 66 FR  (c)(163)(i)(B)(3)
 Plant.........................................................                                                                 52522                  .
Koppel Steel Corporation--Koppel Plant.........................     (OP)04-000-059             Beaver      3/23/01    10/16/01, 66 FR    (c)(163)(i)(D).
                                                                                                                                52522
Consolidated Natural Gas (CNG) Transmission Corp.--Beaver            OP-04-000-490             Beaver      6/23/95    10/12/01, 66 FR  (c)(164)(i)(B)(1)
 Station.......................................................                                                                 52055                  .
Consolidated Natural Gas (CNG) Transmission Corp.--Oakford           OP-65-000-837       Westmoreland     10/13/95    10/12/01, 66 FR  (c)(164)(i)(B)(2)
 Compressor Station............................................                                                                 52055                  .
Consolidated Natural Gas (CNG) Transmission Corp.--South            (OP)65-000-840       Westmoreland     10/13/95    10/12/01, 66 FR  (c)(164)(i)(B)(3)
 Oakford Station...............................................                                                                 52055                  .
Consolidated Natural Gas (CNG) Transmission Corp.--Tonkin           (OP)65-000-634       Westmoreland     10/13/95    10/12/01, 66 FR  (c)(164)(i)(B)(4)
 Compressor Station............................................                                                                 52055                  .
Consolidated Natural Gas (CNG) Transmission Corp.--Jeannette        (OP)65-000-852       Westmoreland     10/13/95    10/12/01, 66 FR  (c)(164)(i)(B)(5)
 Station.......................................................                                                                 52055                  .
Carnegie Natural Gas Co.--Creighton Station....................             EO-213          Allegheny      5/14/96    10/12/01, 66 FR  (c)(164)(i)(B)(6)
                                                                                                                                52055                  .

[[Page 635]]

 
Texas Eastern Transmission Corp.--Uniontown Station............     (OP)26-000-413            Fayette     12/20/96    10/12/01, 66 FR  (c)(164)(i)(B)(7)
                                                                                                                                52055                  .
Consolidated Natural Gas (CNG) Transmission Corp.--South Bend        OP-03-000-180          Armstrong      12/2/98    10/12/01, 66 FR  (c)(164)(i)(B)(8)
 Station.......................................................                                                                 52055                  .
Pruett Schaffer Chemical Company...............................             CO-266          Allegheny       9/2/98    10/12/01, 66 FR  (c)(165)(i)(B)(1)
                                                                                                                                52050                  .
PPG Industries, Inc.--Springdale...............................             CO-254          Allegheny     12/19/96    10/12/01, 66 FR  (c)(165)(i)(B)(2)
                                                                                                                                52050                  .
Reichhold Chemicals, Inc.--Bridgeville.........................             CO-218          Allegheny     12/19/96    10/12/01, 66 FR  (c)(165)(i)(B)(3)
                                                                                                                                52050        [NOX RACT].
Reichhold Chemicals, Inc.--Bridgeville.........................             CO-219          Allegheny      2/21/96    10/12/01, 66 FR  (c)(165)(i)(B)(4)
                                                                                                                                52050        [VOC RACT].
Valspar Corporation--Pittsburgh................................             CO-209          Allegheny       3/8/96    10/12/01, 66 FR  (c)(165)(i)(B)(5)
                                                                                                                                52050                  .
Ashland Chemical Corporation...................................             CO-227          Allegheny     12/30/96    10/16/01, 66 FR  (c)(166)(i)(B)(1)
                                                                                                                                52506                  .
Hercules, Inc.--West Elizabeth.................................             EO-216          Allegheny       3/8/96    10/16/01, 66 FR  (c)(166)(i)(B)(2)
                                                                                                                                52506                  .
Hercules, Inc.--West Elizabeth.................................             CO-257          Allegheny      1/14/97    10/16/01, 66 FR  (c)(166)(i)(B)(3)
                                                                                                           11/1/99              52506                  .
Neville Chemical Company.......................................             CO-230          Allegheny     12/13/96    10/16/01, 66 FR  (c)(166)(i)(B)(4)
                                                                                                                                52506                  .
Anchor Glass Container Corp.--Plant 5..........................     (PA)26-000-119            Fayette     12/20/96    10/16/01, 66 FR  (c)(167)(i)(B)(1)
                                                                                                                                52527                  .
Anchor Hocking Specialty Glass Co.--Phoenix Glass Plant........     (OP)04-000-084             Beaver     10/13/95    10/16/01, 66 FR  (c)(167)(i)(B)(2)
                                                                                                                                52527                  .
Corning Consumer Products Co.--Charleroi Plant.................     (PA)63-000-110         Washington       1/4/96    10/16/01, 66 FR  (c)(167)(i)(B)(3)
                                                                                                                                52527                  .
General Electric Company.......................................             CO-251          Allegheny     12/19/96    10/16/01, 66 FR  (c)(167)(i)(B)(4)
                                                                                                                                52527                  .
Glenshaw Glass Company, Inc....................................             CO-270          Allegheny      3/10/00    10/16/01, 66 FR  (c)(167)(i)(B)(5)
                                                                                                                                52527                  .
Guardian Industries Corp.......................................             CO-242          Allegheny      8/27/96    10/16/01, 66 FR  (c)(167)(i)(B)(6)
                                                                                                                                52527                  .
Allegheny County Sanitary Authority............................             CO-222          Allegheny      5/14/96    10/16/01, 66 FR  (c)(167)(i)(B)(7)
                                                                                                                                52527                  .
Browning-Ferris Industries.....................................            CO-231A          Allegheny      4/28/97    10/16/01, 66 FR  (c)(167)(i)(B)(8)
                                                                                                                                52527                  .
Chambers Development Company--Monroeville Borough Landfill.....             CO-253          Allegheny     12/30/96    10/16/01, 66 FR  (c)(167)(i)(B)(9)
                                                                                                                                52527                  .
Kelly Run Sanitation, Forward Township Landfill................             CO-236          Allegheny      1/23/97    10/16/01, 66 FR  (c)(167)(i)(B)(10
                                                                                                                                52527                 ).
Stroehmann Bakeries--Montgomery County (Norristown)............         PA-46-0003         Montgomery       5/4/95    10/31/01, 66 FR  (c)(169)(i)(B)(1)
                                                                                                                                54942                  .

[[Page 636]]

 
Schlosser Steel, Inc...........................................         OP-46-0051         Montgomery       2/1/96    10/31/01, 66 FR  (c)(169)(i)(B)(2)
                                                                                                                                54942                  .
Perkasie Industries Corp.--Perkasie............................         OP-09-0011              Bucks      8/14/96    10/31/01, 66 FR  (c)(169)(i)(B)(3)
                                                                                                                                54942                  .
Quaker Chemical Corporation--Conshohocken......................         OP-46-0071         Montgomery      9/26/96    10/31/01, 66 FR  (c)(169)(i)(B)(4)
                                                                                                                                54942                  .
Worthington Steel Company......................................         OP-15-0016            Chester      7/23/96    10/31/01, 66 FR  (c)(169)(i)(B)(5)
                                                                                                                                54942                  .
Transcontinental Gas Pipeline Corp.--Sta. 200, Frazer..........         PA-15-0017            Chester       6/5/95    10/31/01, 66 FR  (c)(169)(i)(B)(6)
                                                                                                                                54942                  .
Rohm and Haas Company, Bucks County Plant......................         OP-09-0015              Bucks      4/20/99    10/31/01, 66 FR  (c)(169)(i)(B)(7)
                                                                                                                                54942                  .
SEPTA--Berridge/Courtland Maintenance Shop.....................         PA-51-4172       Philadelphia      7/27/99    10/31/01, 66 FR  (c)(169)(i)(B)(8)
                                                                                                                                54942                  .
Southwest Water Pollution Control Plant/Biosolids Recycling             PA-51-9515       Philadelphia      7/27/99    10/31/01, 66 FR  (c)(169)(i)(B)(9)
 Center........................................................                                                                 54942                  .
Rohm and Haas Company--Philadelphia Plant......................         PA-51-1531       Philadelphia      7/27/99    10/31/01, 66 FR  (c)(169)(i)(B)(10
                                                                                                                                54942                 ).
Sunoco Inc. (R&M)--Philadelphia................................        PA(51-)1501       Philadelphia       8/1/00    10/31/01, 66 FR  (c)(169)(i)(B)(11
                                                                       PA(51-)1517                                              54942                 ).
SBF Communications (owned by Avant Garde Ent.).................        PA(51-)2197       Philadelphia      7/21/00    10/31/01, 66 FR  (c)(169)(i)(B)(12
                                                                                                                                54942                 ).
Smith-Edwards-Dunlap Company...................................       PA-(51-)2255       Philadelphia      7/14/00    10/31/01, 66 FR  (c)(169)(i)(B)(13
                                                                                                                                54942                 ).
Tasty Baking Co................................................    PLID (51-) 2054       Philadelphia       4/9/95    10/31/01, 66 FR  (c)(169)(i)(B)(14
                                                                                                                                54942                 ).
Armstrong World Industries, Inc.--Beaver Falls Plant...........     (OP)04-000-108             Beaver      5/29/96    10/17/01, 66 FR  (c)(170)(i)(B)(1)
                                                                                                                                52695                  .
Bacharach, Inc.................................................             CO-263          Allegheny     10/10/97    10/17/01, 66 FR  (c)(170)(i)(B)(2)
                                                                                                                                52695                  .
Bakerstown Container Corporation...............................             CO-221          Allegheny      5/14/96    10/17/01, 66 FR  (c)(170)(i)(B)(3)
                                                                                                                                52695                  .
Chestnut Ridge Foam, Inc.--Latrobe.............................     (OP)65-000-181       Westmoreland     12/29/95    10/17/01, 66 FR  (c)(170)(i)(B)(4)
                                                                                                                                52695                  .
Flexsys America LP, Monongahela Plant..........................     (OP)63-000-015         Washington      3/23/01    10/17/01, 66 FR  (c)(170)(i)(B)(5)
                                                                                                                                52695                  .
Haskell of Pittsburgh, Inc.....................................             CO-224          Allegheny     12/19/96    10/17/01, 66 FR  (c)(170)(i)(B)(6)
                                                                                                                                52695                  .
Three Rivers Aluminum Company (TRACO)..........................          OP-10-267             Butler       3/1/01    10/17/01, 66 FR  (c)(170)(i)(B)(7)
                                                                                                                                52695                  .
Tuscarora Plastics, Inc........................................     (OP)04-000-497             Beaver       4/3/96    10/17/01, 66 FR  (c)(170)(i)(B)(8)
                                                                                                                                52695                  .
Witco Corporation..............................................             CO-210          Allegheny      5/14/96    10/17/01, 66 FR  (c)(170)(i)(B)(9)
                                                                                                                                52695                  .
GenCorp (Plastic Films Division)--Jeannette Plant..............     (OP)65-000-207       Westmoreland       1/4/96    10/15/01, 66 FR    (c)(171)(i)(B).
                                                                                                                                52322
CENTRIA--Ambridge Coil Coating Operations Plant................     (OP)04-000-043             Beaver      5/17/99    10/15/01, 66 FR    (c)(171)(i)(D).
                                                                                                                                52322

[[Page 637]]

 
J & L Structural, Inc.--Aliquippa..............................      OP-04-000-467             Beaver      6/23/95    10/16/01, 66 FR  (c)(172)(i)(B)(1)
                                                                                                                                52511                  .
Universal Stainless & Alloy Products, Inc......................             CO-241          Allegheny     12/19/96    10/16/01, 66 FR  (c)(172)(i)(B)(2)
                                                                                                                                52511                  .
Shenango, Inc..................................................             CO-233          Allegheny     12/30/96    10/16/01, 66 FR  (c)(172)(i)(B)(3)
                                                                                                                                52511                  .
LTV Steel Company..............................................             CO-259          Allegheny     12/30/96    10/16/01, 66 FR  (c)(172)(i)(B)(4)
                                                                                                                                52511                  .
U.S. Steel (USX Corporation.)--Clairton Works..................             CO-234          Allegheny     12/30/96    10/16/01, 66 FR  (c)(172)(i)(B)(5)
                                                                                                                                52511                  .
USX Corporation--Edgar Thomson Works...........................             CO-235          Allegheny     12/30/96    10/16/01, 66 FR  (c)(172)(i)(B)(6)
                                                                                                                                52511                  .
USX, Inc.--Irvin Works.........................................             CO-258          Allegheny     12/30/96    10/16/01, 66 FR  (c)(172)(i)(B)(7)
                                                                                                                                52511                  .
Wheeling-Pittsburgh Steel Corporation--Allenport Plant.........     (OP)63-000-066         Washington       2/8/99    10/16/01, 66 FR  (c)(172)(i)(B)(8)
                                                                                                                                52511                  .
Koppers--Monessen Coke Plant...................................     (OP)65-000-853       Westmoreland      3/20/98    10/16/01, 66 FR  (c)(172)(i)(B)(9)
                                                                                                                                52511                  .
J & L Specialty Steel, Inc.--Midland Facility..................     (OP)04-000-013             Beaver      3/23/01    10/16/01, 66 FR  (c)(172)(i)(B)(10
                                                                                                                                52511                 ).
Washington Steel Corp.--Washington Plant.......................     (OP)63-000-023         Washington      9/12/96    10/16/01, 66 FR  (c)(172)(i)(B)(11
                                                                                                                                52511                 ).
Equitrans, Inc.--Hartson.......................................     (OP)63-000-642         Washington      7/10/95    10/17/01, 66 FR  (c)(173)(i)(B)(1)
                                                                                                                                52705                  .
Witco Corp.--Petrolia Facility.................................          PA-10-037             Butler      6/27/95    10/17/01, 66 FR  (c)(173)(i)(B)(2)
                                                                                                                                52705                  .
Ranbar Electrical Materials Inc. (formerly Westinghouse             (OP)65-000-042       Westmoreland      2/22/99    10/17/01, 66 FR  (c)(173)(i)(B)(3)
 Electric Co. EMD)--Manor......................................                                                                 52705                  .
Nova Chemicals, Inc. (formerly Arco Chemical Co.--Beaver            (OP)04-000-033             Beaver      4/16/99    10/17/01, 66 FR  (c)(173)(i)(B)(4)
 Valley).......................................................                                            1/24/01              52705                  .
BASF Corporation--Monaca Site..................................     (OP)04-000-306             Beaver      3/23/01    10/17/01, 66 FR  (c)(173)(i)(B)(5)
                                                                                                                                52705                  .
Cardone Industries--Rising Sun Ave.............................  PA(51-) PLID 3887       Philadelphia      5/29/95    10/30/01, 66 FR  (c)(174)(i)(B)(1)
                                                                                                                                54710                  .
Cardone Industries--Chew St....................................  PA(51-) PLID 2237       Philadelphia      5/29/95    10/30/01, 66 FR  (c)(174)(i)(B)(2)
                                                                                                                                54710                  .
U.S. Navy, Naval Surface Warfare Center--Carderock Division....        PA(51-)9724       Philadelphia     12/27/97    10/30/01, 66 FR  (c)(174)(i)(B)(3)
                                                                                                                                54710                  .
Wheelabrator Falls, Inc........................................         OP-09-0013              Bucks      1/11/96    10/30/01, 66 FR  (c)(174)(i)(B)(4)
                                                                                                           5/17/96              54710                  .
US Steel Group/USX Corporation--Fairless Works.................         OP-09-0006              Bucks       4/8/99    10/30/01, 66 FR  (c)(174)(i)(B)(5)
                                                                                                                                54710                  .
Brown Printing Company.........................................        OP-46-0018A         Montgomery      5/17/00    10/30/01, 66 FR  (c)(174)(i)(B)(6)
                                                                                                                                54710                  .
Sun Chemical--General Printing Ink Division....................       PA(51-) 2052       Philadelphia      7/14/00    10/30/01, 66 FR  (c)(174)(i)(B)(7)
                                                                                                                                54710                  .

[[Page 638]]

 
Sunoco Chemicals, Frankford Plant..............................       PA(51-) 1551       Philadelphia      7/27/99    10/30/01, 66 FR  (c)(174)(i)(B)(8)
                                                                                                                                54710                  .
Armco, Inc. Butler Operations Main Plant.......................         PA-10-001M             Butler      2/23/96    10/15/01, 66 FR    (c)(175)(i)(B).
                                                                                                                                52338
Armco, Inc. Butler Operations Stainless Plant..................         PA-10-001S             Butler      2/23/96    10/15/01, 66 FR    (c)(175)(i)(C).
                                                                                                                                52338
Pennsylvania Power Co.--Bruce Mansfield Plant..................     (PA)04-000-235             Beaver     12/29/94    10/15/01, 66 FR  (c)(176)(i)(B)(1)
                                                                                                                                52333                  .
West Penn Power Co.--Mitchell Station..........................     (PA)63-000-016         Washington      6/12/95    10/15/01, 66 FR  (c)(176)(i)(B)(2)
                                                                                                                                52333                  .
Carnegie Natural Gas Company--Fisher Station...................     (OP)03-000-182          Armstrong      12/2/98    10/15/01, 66 FR  (c)(176)(i)(B)(3)
                                                                                                                                52333                  .
Apollo Gas Company--Shoemaker Station..........................     (OP)03-000-183          Armstrong      9/12/96    10/15/01, 66 FR  (c)(176)(i)(B)(4)
                                                                                                                                52333                  .
Texas Eastern Transmission Corp.--Delmont Station..............     (OP)65-000-839       Westmoreland       1/9/97    10/15/01, 66 FR  (c)(176)(i)(B)(5)
                                                                                                                                52333                  .
The Peoples Natural Gas Co.--Valley Station....................     (OP)03-000-125          Armstrong     10/31/94    10/15/01, 66 FR  (c)(176)(i)(B)(6)
                                                                                                                                52333                  .
The Peoples Natural Gas Co.--Girty Compressor Station..........     (PA)03-000-076          Armstrong     10/27/95    10/15/01, 66 FR  (c)(176)(i)(B)(7)
                                                                                                                                52333                  .
AES Beaver Valley Partners--Monaca Plant.......................     (OP)04-000-446             Beaver      3/23/01    10/15/01, 66 FR  (c)(176)(i)(B)(8)
                                                                                                                                52333                  .
Penreco--Karns City............................................         OP-10-0027             Butler      5/31/95    10/12/01, 66 FR  (c)(177)(i)(B)(1)
                                                                                                                                52044                  .
Ashland Petroleum Company......................................             CO-256          Allegheny     12/19/96    10/12/01, 66 FR  (c)(177)(i)(B)(2)
                                                                                                                                52044                  .
Bellefield Boiler Plant--Pittsburgh............................             EO-248          Allegheny     12/19/96    10/12/01, 66 FR  (c)(177)(i)(B)(3)
                                                                                                                                52044                  .
Gulf Oil, L.P..................................................             CO-250          Allegheny     12/19/96    10/12/01, 66 FR  (c)(177)(i)(B)(4)
                                                                                                                                52044                  .
PA Dept. of Corrections........................................             EO-244          Allegheny      1/23/97    10/12/01, 66 FR  (c)(177)(i)(B)(5)
                                                                                                                                52044                  .
Pittsburgh Thermal Limited Partnership.........................             CO-220          Allegheny       3/4/96    10/12/01, 66 FR  (c)(177)(i)(B)(6)
                                                                                                                                52044                  .
BP Exploration & Oil, Inc.--Greensburg Terminal................     (OP)65-000-378       Westmoreland      3/23/01    10/12/01, 66 FR  (c)(177)(i)(B)(7)
                                                                                                                                52044                  .
Pittsburgh Allegheny County Thermal, Ltd.......................             CO-265          Allegheny      11/9/98    10/12/01, 66 FR  (c)(177)(i)(B)(8)
                                                                                                                                52044                  .
Aristech Chemical Corporation..................................             CO-232          Allegheny     12/30/96    10/17/01, 66 FR  (c)(178)(i)(B)(1)
                                                                                                                                52700                  .
Heinz U.S.A.--Pittsburgh.......................................             EO-211          Allegheny       3/8/96    10/17/01, 66 FR  (c)(178)(i)(B)(2)
                                                                                                                                52700                  .
Heinz U.S.A.--Pittsburgh.......................................             CO-247          Allegheny     10/24/96    10/17/01, 66 FR  (c)(178)(i)(B)(2)
                                                                                                                                52700                  .
Koppers Industries, Inc. (Aristech Chem. Corp).................             CO-223          Allegheny      8/27/96    10/17/01, 66 FR  (c)(178)(i)(B)(3)
                                                                                                                                52700                  .
Nabisco Biscuit Co.............................................             CO-246          Allegheny     12/19/96    10/17/01, 66 FR  (c)(178)(i)(B)(4)
                                                                                                                                52700                  .
Pressure Chemical Co...........................................             CO-261          Allegheny      6/11/97    10/17/01, 66 FR  (c)(178)(i)(B)(5)
                                                                                                                                52700                  .

[[Page 639]]

 
General Carbide Corp...........................................     (OP)65-000-622       Westmoreland     12/29/95    10/17/01, 66 FR  (c)(178)(i)(B)(6)
                                                                                                                                52700                  .
Fansteel Hydro Carbide.........................................     (OP)65-000-860       Westmoreland     12/12/97    10/17/01, 66 FR  (c)(178)(i)(B)(7)
                                                                                                                                52700                  .
Carbidie Corporation...........................................     (OP)65-000-720       Westmoreland      7/31/98    10/17/01, 66 FR  (c)(178)(i)(B)(8)
                                                                                                                                52700                  .
Dyno Nobel Inc--Donora.........................................     (OP)63-000-070         Washington      3/31/99    10/17/01, 66 FR  (c)(178)(i)(B)(9)
                                                                                                                                52700                  .
Newcomer Products, Inc.........................................     (OP)65-000-851       Westmoreland       8/7/97    10/17/01, 66 FR  (c)(178)(i)(B)(10
                                                                                                                                52700                 ).
PECO Energy Company--Cromby Generating Station.................         OP-15-0019            Chester      4/28/95    10/30/01, 66 FR  (c)(179)(i)(B)(1)
                                                                                                                                54699                  .
Waste Resource Energy, Inc. (Operator); Shawmut Bank, Conn.             OP-23-0004           Delaware     11/16/95    10/30/01, 66 FR  (c)(179)(i)(B)(2)
 National Assoc. (Owner); Delaware County Resource Recovery                                                                     54699                  .
 Facility......................................................
G-Seven, Ltd...................................................         OP-46-0078         Montgomery      4/20/99    10/30/01, 66 FR  (c)(179)(i)(B)(3)
                                                                                                                                54699                  .
Leonard Kunkin Associates......................................         OP-09-0073              Bucks      6/25/01    10/30/01, 66 FR  (c)(179)(i)(B)(4)
                                                                                                                                54699                  .
Kimberly-Clark Corporation.....................................        OP-23-0014A           Delaware      6/24/98    10/30/01, 66 FR  (c)(179)(i)(B)(5)
                                                                                                            8/1/01              54699                  .
Sunoco, Inc. (R&M); Marcus Hook Plant..........................         CP-23-0001           Delaware       6/8/95    10/30/01, 66 FR  (c)(179)(i)(B)(6)
                                                                                                            8/2/01              54699                  .
Waste Management Disposal Services of Pennsylvania, Inc. (GROWS         OP-09-0007              Bucks     12/19/97    10/30/01, 66 FR  (c)(179)(i)(B)(7)
 Landfill).....................................................                                            7/17/01              54699                  .
Koppel Steel Corporation--Ambridge Plant.......................      OP-04-000-227             Beaver     10/12/00    10/15/01, 66 FR    (c)(180)(i)(B).
                                                                                                                                52317
General Motors Corporation.....................................             CO-243          Allegheny      8/27/96    10/15/01, 66 FR  (c)(181)(i)(B)(1)
                                                                                                                                52327                  .
Oakmont Steel, Inc.............................................             CO-226          Allegheny      5/14/96    10/15/01, 66 FR  (c)(181)(i)(B)(2)
                                                                                                                                52327                  .
The Peoples Natural Gas Co.....................................             CO-240          Allegheny      8/27/96    10/15/01, 66 FR  (c)(181)(i)(B)(3)
                                                                                                                                52327                  .
U.S. Bureau of Mines...........................................             EO-215          Allegheny       3/8/96    10/15/01, 66 FR  (c)(181)(i)(B)(4)
                                                                                                                                52327                  .
Waste Management Disposal Services of Pennsylvania (Pottstown           OP-46-0033         Montgomery      4/20/99    10/30/01, 66 FR  (c)(182)(i)(B)(1)
 Landfill).....................................................                                                                 54704                  .
FPL Energy MH50, LP (Sunoco, Inc. (R&M)).......................         PA-23-0084           Delaware      7/26/99    10/30/01, 66 FR  (c)(182)(i)(B)(2)
                                                                                                                                54704                  .
Exelon Generation Company--(PECO)--Richmond Generating Station.         PA-51-4903       Philadelphia      7/11/01    10/30/01, 66 FR  (c)(182)(i)(B)(3)
                                                                                                                                54704                  .
Jefferson Smurfit Corp./Container Corp. of America.............      PLID (PA-51-)       Philadelphia      4/10/95    10/31/01, 66 FR  (c)(184)(i)(B)(1)
                                                                              1566                                              54947                  .
Maritank Philadelphia, Inc.....................................      PLID (PA-51-)       Philadelphia     12/28/95    10/31/01, 66 FR  (c)(184)(i)(B)(2)
                                                                              5013                                              54947                  .
Moyer Packing Company..........................................         OP-46-0001         Montgomery      3/15/96    10/31/01, 66 FR  (c)(184)(i)(B)(3)
                                                                                                                                54947                  .
Tullytown Resource Recovery Facility (Waste Management of Pa.,          OP-09-0024              Bucks      7/14/97    10/31/01, 66 FR  (c)(184)(i)(B)(4)
 Inc.).........................................................                                                                 54947                  .
SPS Technologies, Inc..........................................         OP-46-0032         Montgomery     10/30/97    10/31/01, 66 FR  (c)(184)(i)(B)(5)
                                                                                                                                54947                  .

[[Page 640]]

 
PECO Energy Company............................................         OP-09-0077              Bucks     12/19/97    10/31/01, 66 FR  (c)(184)(i)(B)(6)
                                                                                                                                54947                  .
Philadelphia Gas Works--Richmond Plant.........................         PA-51-4922       Philadelphia      7/27/99    10/31/01, 66 FR  (c)(184)(i)(B)(7)
                                                                                                                                54947                  .
Exelon Generation Company--Delaware Generating Station.........         PA-51-4901       Philadelphia      7/11/01    10/31/01, 66 FR  (c)(184)(i)(B)(8)
                                                                                                                                54947                  .
Exelon Generation Company--Schuylkill Generating Station.......         PA-51-4904       Philadelphia      7/11/01    10/31/01, 66 FR  (c)(184)(i)(B)(9)
                                                                                                                                54947                  .
International Business Systems, Inc............................         OP-46-0049         Montgomery     10/29/98    10/30/01, 66 FR  (c)(185)(i)(B)(1)
                                                                                                                                54691                  .
Bethlehem Lukens Plate.........................................         OP-46-0011         Montgomery     12/11/98    10/30/01, 66 FR  (c)(185)(i)(B)(2)
                                                                                                                                54691                  .
Montenay Montgomery Limited Partnership........................        OP-46-0010A         Montgomery      4/20/99    10/30/01, 66 FR  (c)(185)(i)(B)(3)
                                                                                                           6/20/00              54691                  .
Northeast Foods, Inc. (Bake Rite Rolls)........................         OP-09-0014              Bucks       4/9/99    10/30/01, 66 FR  (c)(185)(i)(B)(4)
                                                                                                                                54691                  .
Aldan Rubber Company...........................................       PA-(51-)1561       Philadelphia      7/21/00    10/30/01, 66 FR  (c)(185)(i)(B)(5)
                                                                                                                                54691                  .
Braceland Brothers, Inc........................................       PA-(51-)3679       Philadelphia      7/14/00    10/30/01, 66 FR  (c)(185)(i)(B)(6)
                                                                                                                                54691                  .
Graphic Arts, Incorporated.....................................       PA-(51-)2260       Philadelphia      7/14/00    10/30/01, 66 FR  (c)(185)(i)(B)(7)
                                                                                                                                54691                  .
O'Brien (Philadelphia) Cogeneration, Inc.--Northeast Water            PA-(51-)1533       Philadelphia      7/21/00    10/30/01, 66 FR  (c)(185)(i)(B)(8)
 Pollution Control Plant.......................................                                                                 54691                  .
O'Brien (Philadelphia) Cogeneration, Inc.--Southwest Water            PA-(51-)1534       Philadelphia      7/21/00    10/30/01, 66 FR  (c)(185)(i)(B)(9)
 Pollution Control Plant.......................................                                                                 54691                  .
Pearl Pressman Liberty.........................................       PA-(51-)7721       Philadelphia      7/24/00    10/30/01, 66 FR  (c)(185)(i)(B)(10
                                                                                                                                54691                 ).
Arbill Industries, Inc.........................................         PA-51-3811       Philadelphia      7/27/99    10/30/01, 66 FR  (c)(185)(i)(B)(11
                                                                                                                                54691                 ).
McWhorter Technologies, Inc....................................         PA-51-3542       Philadelphia      7/27/99    10/30/01, 66 FR  (c)(185)(i)(B)(12
                                                                                                                                54691                 ).
NortheastWater Pollution Control Plant.........................         PA-51-9513       Philadelphia      7/27/99       10/30/01, 66  (c)(185)(i)(B)(13
                                                                                                                              FR54691                 ).
Newman and Company.............................................    PLID (51-) 3489       Philadelphia      6/11/97    10/30/01, 66 FR  (c)(185)(i)(B)(14
                                                                                                                                54691                 ).
Allegheny Ludlum Steel Corporation.............................    (OP-)65-000-137       Westmoreland      5/17/99    10/19/01, 66 FR  (c)(186)(i)(B)(1)
                                                                                                                                53090                  .
INDSPEC Chemical Corporation...................................           PA10-021             Butler     10/19/98    10/19/01, 66 FR  (c)(186)(i)(B)(2)
                                                                                                                                53090                  .
Stoney Creek Technologies, L.L.C...............................         PA-23-0002           Delaware      2/24/99     11/5/01, 66 FR  (c)(187)(i)(B)(1)
                                                                                                                                55880                  .
Superpac, Inc..................................................         OP-09-0003              Bucks      3/25/99     11/5/01, 66 FR  (c)(187)(i)(B)(2)
                                                                                                                                55880                  .
Transit America, Inc...........................................    PLID (51-) 1563       Philadelphia      6/11/97     11/5/01, 66 FR  (c)(187)(i)(B)(3)
                                                                                                                                55880                  .
American Bank Note Company.....................................         OP-46-0075         Montgomery      5/19/97     11/5/01, 66 FR  (c)(187)(i)(B)(4)
                                                                                                           8/10/98              55880                  .

[[Page 641]]

 
Atlas Roofing Corporation--Quakertown..........................         OP-09-0039              Bucks      3/10/99     11/5/01, 66 FR  (c)(187)(i)(B)(5)
                                                                                                                                55880                  .
Beckett Corporation............................................         OP-15-0040            Chester       7/8/97     11/5/01, 66 FR  (c)(187)(i)(B)(6)
                                                                                                                                55880                  .
Klearfold, Inc.................................................         OP-09-0012              Bucks      4/15/99     11/5/01, 66 FR  (c)(187)(i)(B)(7)
                                                                                                                                55880                  .
National Label Company.........................................         OP-46-0040         Montgomery      7/28/97     11/5/01, 66 FR  (c)(187)(i)(B)(8)
                                                                                                                                55880                  .
Bethlehem Steel Corporation....................................        OP-22-02012            Dauphin       4/9/99     5/23/02, 67 FR          (c)(191).
                                                                                                                                36108
Hershey Chocolate USA..........................................        OP-22-2004A            Dauphin      1/24/00     6/26/02, 67 FR  (c)(194)(i)(B)(1)
                                                                                                                                43002                  .
Pennsylvania Power Company New Castle Plant....................         OP-37-0023           Lawrence       4/8/99     6/26/02, 67 FR  (c)(194)(i)(B)(2)
                                                                                                                                43002                  .
Lafarge Corporation............................................        OP-39-0011B             Lehigh      5/19/97      4/1/03, 68 FR  (c)(196)(i)(B)(1)
                                                                                                                                15661                  .
The Peoples Natural Gas Company................................    (OP-)11-000-356            Cambria     11/23/94      4/1/03, 68 FR  (c)(196)(i)(B)(2)
                                                                                                                                15661                  .
Horsehead Resource Development Company, Inc....................         OP-13-0001             Carbon      5/16/95      4/1/03, 68 FR  (c)(196)(i)(B)(3)
                                                                                                                                15661                  .
Williams Generation Company--Hazelton..........................        OP-40-0031A            Luzerne      3/10/00      4/1/03, 68 FR  (c)(196)(i)(B)(4)
                                                                                                                                15661                  .
Pennsylvania Power and Light Company, Holtwood Steam Electric           PA-36-2016          Lancaster      5/25/95      4/1/03, 68 FR  (c)(196)(i)(B)(5)
 Station.......................................................                                                                 15661                  .
General Electric Transportation Systems........................         OP-25-025A               Erie      8/26/02      4/7/03, 68 FR    (c)(198)(i)(B).
                                                                                                                                16724
Bethlehem Structural Products Corporation......................         OP-48-0013        Northampton     10/24/96      5/2/03, 68 FR  (c)(200)(i)(B)(1)
                                                                                                                                23404                  .
International Paper Company, Erie Mill.........................          PA-25-028               Erie     12/21/94      5/2/03, 68 FR  (c)(200)(i)(B)(2)
                                                                                                                                23404                  .
National Fuel Gas Supply--Heath Compressor Station.............         PA-33-144A          Jefferson      10/5/98      5/2/03, 68 FR  (c)(200)(i)(B)(3)
                                                                                                                                23404                  .
PPG Industries, Inc............................................          OP-20-145           Crawford      5/31/95        3/24/03, 68    (c)(201)(i)(B).
                                                                                                                              FR14154
Dominion Trans., Inc.--Finnefrock Station......................   Title V-18-00005            Clinton      2/16/00      5/7/03, 68 FR  (c)(202)(i)(B)(1)
                                                                                                                                24365                  .
Textron Lycoming--Oliver Street Plant..........................   Title V-41-00005           Lycoming      1/12/01      5/7/03, 68 FR  (c)(202)(i)(B)(2)
                                                                                                                                24365                  .
Lafayette College, Easton Campus...............................         OP-48-0034        Northampton      8/18/97     5/20/03, 68 FR    (c)(205)(i)(B).
                                                                                                                                27471
Keystone Carbon Company........................................          OP-24-016                Elk      5/15/95    10/17/03, 68 FR  (c)(207)(i)(B)(1)
                                                                                                                                59741                  .
Mack Trucks, Inc...............................................         OP-39-0004        Northampton      5/31/95    10/17/03, 68 FR  (c)(207)(i)(B)(1)
                                                                                                                                59741                  .
Owens-Brockway Glass Container, Inc............................          OP-33-033          Jefferson      3/27/95    10/17/03, 68 FR  (c)(207)(i)(B)(1)
                                                                                                                                59741                  .
Resilite Sport Products, Inc...................................         OP-49-0003     Northumberland      12/3/96    10/17/03, 68 FR  (c)(207)(i)(B)(1)
                                                                                                                                59741                  .
Westfield Tanning Company......................................         OP-59-0008              Tioga     11/27/96    10/17/03, 68 FR  (c)(207)(i)(B)(1)
                                                                                                                                59741                  .
Tarkett, Incorporated..........................................         OP-39-0002             Lehigh      5/31/95      8/6/03, 68 FR  (c)(208)(i)(B)(1)
                                                                                                                                46487                  .

[[Page 642]]

 
Hacros Pigments, Inc...........................................         OP-48-0018        Northampton      7/31/96      8/6/03, 68 FR  (c)(208)(i)(B)(2)
                                                                                                                                46487                  .
GPU Generation Corp., Homer City Station.......................    (OP-)32-000-055            Indiana     10/29/98    10/15/03, 68 FR  (c)(212)(i)(B)(1)
                                                                                                                                59321                  .
GPU Generation Corp., Seward Station...........................    (OP-)32-000-040            Indiana      4/30/98    10/15/03, 68 FR  (c)(212)(i)(B)(2)
                                                                                                                                59321                  .
Ebensburg Power Company, Ebensburg Cogeneration Plant..........    (OP-)11-000-318            Cambria      3/28/01    10/15/03, 68 FR  (c)(212)(i)(B)(3)
                                                                                                                                59321                  .
Sithe Pennsylvania Holdings, LLC, Warren Station...............         OP-62-012B             Warren      1/20/00    10/15/03, 68 FR  (c)(212)(i)(B)(4)
                                                                                                                                59321                  .
Pennsylvania Power & Light Company, Sunbury SES................        OP-55-0001A             Snyder       7/7/97    10/15/03, 68 FR  (c)(212)(i)(B)(5)
                                                                                                                                59321                  .
Lakeview Landfill..............................................          OP-25-920               Erie      5/29/97    10/15/03, 68 FR  (c)(212)(i)(B)(6)
                                                                                                                                59321                  .
National Fuel Gas Supply Corp.--Roystone Compressor Station....         OP-62-141F             Warren       4/1/03    10/27/04, 69 FR  (c)(213)(i)(B)(1)
                                                                                                                                62583                  .
Crompton Corporation, Fairview Township........................          OP-10-037             Butler       6/4/03     5/25/04, 69 FR  (c)(213)(i)(B)(2)
                                                                                                                                29444                  .
Andritz, Inc...................................................          41-00010C           Lycoming      4/30/03    10/15/03, 68 FR  (c)(214)(i)(B)(1)
                                                                                                                                59318                  .
Brodart Company................................................           18-0007A            Clinton       4/8/03    10/15/03, 68 FR  (c)(214)(i)(B)(2)
                                                                                                                                59318                  .
Erie Sewer Authority...........................................          OP-25-179               Erie       6/5/03    10/15/03, 68 FR  (c)(214)(i)(B)(3)
                                                                                                                                59318                  .
Hercules Cement Company........................................        OP-48-0005A        Northampton      4/16/99    11/24/03, 68 FR    (c)(217)(i)(B).
                                                                                                                                65846
Tennessee Gas Pipeline Company, Station 321....................       OP-58-00001A        Susquehanna      4/16/98    10/27/04, 69 FR  (c)(218)(i)(B)(1)
                                                                                                                                62585                  .
Tennessee Gas Pipeline Company, Station 219....................         OP-43-0272             Mercer       4/7/99    10/27/04, 69 FR  (c)(218)(i)(B)(2)
                                                                                                                                62585                  .
Information Display Technology, Inc............................         32-000-085            Indiana      1/11/96    03/29/05, 70 FR  52.2020(d)(1)(h).
                                                                                                                                15774
Bedford Materials Co., Inc.....................................           05-02005            Bedford      4/15/99    03/29/05, 70 FR  52.2020(d)(1)(h).
                                                                                                                                15774
Bollman Hat Company............................................            36-2031          Lancaster       7/3/95    03/29/05, 70 FR  52.2020(d)(1)(h).
                                                                                                                                15774
Armco Inc......................................................          OP-43-040             Mercer      9/30/99    03/29/05, 70 FR  52.2020(d)(1)(h).
                                                                                                                                15774
Specialty Tires of America, Inc................................         32-000-065            Indiana       1/6/00    03/29/05, 70 FR  52.2020(d)(1)(h).
                                                                                                                                15774
Truck Accessories Group East...................................         OP-49-0005     Northumberland      3/26/99    03/29/05, 70 FR  52.2020(d)(1)(h).
                                                                                                                                15774
Jeraco Enterprises, Inc........................................         OP-49-0014     Northumberland       4/6/97    03/29/05, 70 FR  52.2020(d)(1)(h).
                                                                                                                                15774
Insulation Corporation of America..............................            39-0012             Lehigh     10/17/95    03/29/05, 70 FR  52.2020(d)(1)(h).
                                                                                                                                15774
Pope & Talbot, Inc.............................................            40-0019            Luzerne      5/31/96    03/29/05, 70 FR  52.2020(d)(1)(h).
                                                                                                                                15774
Universal Rundle Corporation...................................          OP-37-059           Lawrence      5/31/95    03/29/05, 70 FR  52.2020(d)(1)(h).
                                                                                                                                15774
Clark Filter...................................................           36-02040          Lancaster       2/4/00    03/29/05, 70 FR  52.2020(d)(1)(h).
                                                                                                                                15774

[[Page 643]]

 
The Pennsylvania State University--University Park.............         OP-14-0006             Centre     12/30/98     3/30/05, 70 FR  52.2020(d)(1)(c).
                                                                                                                                16118
Tennessee Gas Pipeline Company--Charleston Township............         OP-59-0001              Tioga      5/31/95     3/30/05, 70 FR  52.2020(d)(1)(c).
                                                                                                                                16118
Tennessee Gas Pipeline Company--Wyalusing Township.............         OP-08-0002           Bradford      5/31/95     3/30/05, 70 FR  52.2020(d)(1)(c).
                                                                                                                                16118
Masland Industries.............................................            21-2001         Cumberland      5/31/95     3/30/05, 70 FR  52.2020(d)(1)(c).
                                                                                                                                16118
ESSROC Cement Corp.............................................          OP-37-003           Lawrence      7/27/95     3/30/05, 70 FR  52.2020(d)(1)(c).
                                                                                                           3/31/99              16118
The Magee Carpet Company.......................................         OP-19-0001           Columbia      1/22/97     3/30/05, 70 FR  52.2020(d)(1)(c).
                                                                                                                                16118
Tennessee Gas Pipeline Company--Howe Township..................          OP-27-015             Forest      7/27/00     3/30/05, 70 FR  52.2020(d)(1)(c).
                                                                                                                                16118
Transcontinental Gas Pipeline Corporation--Buck Township.......            40-0002            Luzerne      5/31/95     3/30/05, 70 FR  52.2020(d)(1)(c).
                                                                          40-0002A                                              16118
Transcontinental Gas Pipe Line Corporation--Peach Bottom                   67-2012               York       5/5/95     3/30/05, 70 FR  52.2020(d)(1)(c).
 Township......................................................                                                                 16118
Standard Steel Division of Freedom Forge Corp..................            44-2001            Mifflin      5/31/95     3/30/05, 70 FR  52.2020(d)(1)(c).
                                                                                                                                16118
Pope and Talbot, Inc...........................................            35-0004         Lackawanna      5/31/96     3/30/05, 70 FR            52.2020
                                                                                                                                16124         (d)(1)(d).
Pennsylvania Power and Light Company...........................            22-2011            Dauphin       6/7/95     3/30/05, 70 FR            52.2020
                                                                                                                                16124         (d)(1)(d).
Ellwood Group Inc..............................................          OP-37-313           Lawrence      1/31/01     3/30/05, 70 FR            52.2020
                                                                                                                                16124         (d)(1)(d).
National Fuel Gas Supply Corporation...........................           53-0009A             Potter       8/5/96     3/30/05, 70 FR            52.2020
                                                                           53-0009                                              16124         (d)(1)(d).
Department of the Army.........................................           28-02002           Franklin       2/3/00     3/31/05, 70 FR  52.2020(d)(1)(g).
                                                                                                                                16416
Harley-Davidson Motor Company..................................            67-2032               York       4/9/97     3/31/05, 70 FR  52.2020(d)(1)(g).
                                                                                                                                16416
GE Transportation Systems......................................          OP-43-196             Mercer      5/16/01     3/31/05, 70 FR  52.2020(d)(1)(g).
                                                                                                                                16416
Stone Container Corporation....................................            67-2002               York       9/3/96     3/31/05, 70 FR  52.2020(d)(1)(g).
                                                                                                                                16416
Stanley Storage Systems, Inc...................................            39-0031             Lehigh      6/12/98     3/31/05, 70 FR  52.2020(d)(1)(g).
                                                                                                                                16416
York Group, Inc................................................            67-2014               York       7/3/95     3/31/05, 70 FR  52.2020(d)(1)(g).
                                                                                                                                16416
Strick Corporation.............................................         OP-19-0002           Columbia       6/6/97     3/31/05, 70 FR  52.2020(d)(1)(g).
                                                                                                                                16416
Grumman Olson, Division of Grumman Allied Industries...........         OP-41-0002           Lycoming      9/25/97     3/31/05, 70 FR  52.2020(d)(1)(g).
                                                                                                                                16416
Prior Coated Metals, Inc.......................................            39-0005             Lehigh      5/26/95     3/31/05, 70 FR  52.2020(d)(1)(g).
                                                                                                                                16416
Schindler Elevator Corporation.................................            01-2007              Adams      5/24/95     3/31/05, 70 FR  52.2020(d)(1)(g).
                                                                                                                                16416
Hodge Foundry..................................................          OP-43-036             Mercer      3/31/99     3/31/05, 70 FR  52.2020(d)(1)(a).
                                                                                                                                16420

[[Page 644]]

 
Resolite, A United Dominion Co.................................          OP-10-266             Butler     10/15/99     3/31/05, 70 FR  52.2020(d)(1)(a).
                                                                                                           2/18/00              16420
Consolidation Coal Co.--Coal Preparation Plant.................         30-000-063             Greene      5/17/99     3/31/05, 70 FR  52.2020(d)(1)(a).
                                                                                                                                16420
Urick Foundry..................................................          OP-25-053               Erie     10/24/96     3/31/05, 70 FR  52.2020(d)(1)(a).
                                                                                                                                16420
Keystone Sanitary Landfill, Inc................................            35-0014         Lackawanna      4/19/99     3/31/05, 70 FR  52.2020(d)(1)(a).
                                                                                                                                16420
Grinnell Corporation...........................................            36-2019          Lancaster      6/30/95     3/31/05, 70 FR  52.2020(d)(1)(a).
                                                                                                                                16420
Buck Company Inc...............................................            36-2035          Lancaster       8/1/95     3/31/05, 70 FR  52.2020(d)(1)(a).
                                                                                                                                16420
Owens-Brockway Glass Container, Inc............................          OP-16-010            Clarion      3/27/95     3/31/05, 70 FR  52.2020(d)(1)(f).
                                                                                                           5/31/95              16423
Alcoa Extrusion, Inc...........................................            54-0022         Schuylkill      4/19/99     3/31/05, 70 FR  52.2020(d)(1)(f).
                                                                                                                                16423
Pennsylvania Electric Company..................................         32-000-059            Indiana     12/29/94     3/31/05, 70 FR  52.2020(d)(1)(f).
                                                                                                                                16423
National Gypsum Company........................................         OP-60-0003              Union      1/17/96     3/31/05, 70 FR  52.2020(d)(1)(f).
                                                                                                                                16423
Stoney Creek Technologies, LLC.................................         OP-23-0002           Delaware      7/24/03     3/31/05, 70 FR  52.2020(d)(1)(f).
                                                                                                                                16423
Northeastern Power Company.....................................            54-0008         Schuylkill      5/26/95     3/31/05, 70 FR  52.2020(d)(1)(f).
                                                                                                                                16423
Texas Eastern Transmission Corporation.........................            22-2010            Dauphin      1/31/97     3/31/05, 70 FR  52.2020(d)(1)(f).
                                                                                                                                16423
The Miller Group...............................................            54-0024          Schuykill       2/1/99     3/31/05, 70 FR  52.2020(d)(1)(f).
                                                                                                                                16423
CNG Transmission Corporation...................................         32-000-129            Indiana      6/22/95     3/31/05, 70 FR  52.2020(d)(1)(f).
                                                                                                                                16423
I.H.F.P., Inc..................................................        OP-49-0010A     Northumberland       1/7/98     3/31/05, 70 FR  52.2020(d)(1)(f).
                                                                                                                                16423
National Forge Company.........................................          OP-62-032             Warren      5/31/95     3/31/05, 70 FR  52.2020(d)(1)(f).
                                                                                                                                16423
United Refining Company........................................          OP-62-017             Warren      5/31/95     3/31/05, 70 FR  52.2020(d)(1)(f).
                                                                                                          11/14/96              16423
Petrowax Refining..............................................          OP-42-110             McKean       3/4/96     3/31/05, 70 FR  52.2020(d)(1)(f).
                                                                                                           5/31/96              16423
Westvaco Corporation...........................................            07-2008              Blair      9/29/95     3/31/05, 70 FR  52.2020(d)(1)(f).
                                                                                                                                16423
Naval Surface Warfare Center, Caderock Division Ship Systems              PA-04108       Philadelphia     10/18/04     4/29/05, 70 FR  52.2020(d)(1)(j).
 Engineering Station...........................................                                                                 22257
R.H. Sheppard Co., Inc.........................................            67-2016               York       8/4/95     8/24/05, 70 FR  52.2020(d)(1)(i).
                                                                                                                                49496
Wheatland Tube Company.........................................          OP-43-182             Mercer      7/26/95     8/24/05, 70 FR  52.2020(d)(1)(i).
                                                                                                                                49496
Transcontinental Gas Pipeline Corporation......................         OP-53-0006             Potter     10/13/95     8/24/05, 70 FR  52.2020(d)(1)(i).
                                                                                                                                49496
Transcontinental Gas Pipeline Corporation......................         OP-19-0004           Columbia      5/30/95     8/24/05, 70 FR  52.2020(d)(1)(i).
                                                                                                                                49496
Transcontinental Gas Pipeline Corporation......................        PA-41-0005A           Lycoming       8/9/95     8/24/05, 70 FR  52.2020(d)(1)(i).
                                                                                                                                49496

[[Page 645]]

 
Molded Fiber Glass.............................................          OP-25-035               Erie      7/30/99     11/1/05, 70 FR  52.2020(d)(1)(k).
                                                                                                                                65842
Erie Forge and Steel, Inc......................................          OP-25-924               Erie      2/10/00     11/1/05, 70 FR  52.2020(d)(1)(k).
                                                                                                                                65842
OSRAM SYLVANIA Products, Inc...................................         OP-59-0007              Tioga      1/22/98     11/1/05, 70 FR  52.2020(d)(1)(k).
                                                                                                                                65842
Owens-Brockway Glass Container.................................          OP-33-002          Jefferson     11/23/98     11/1/05, 70 FR  52.2020(d)(1)(k).
                                                                                                                                65842
Texas Eastern Transmission Corporation.........................         32-000-230            Indiana      9/25/95     11/1/05, 70 FR  52.2020(d)(1)(k).
                                                                                                                                65842
SKF, USA, Incorporated.........................................          67-02010A               York      7/19/00     11/1/05, 70 FR  52.2020(d)(1)(k).
                                                                                                                                65842
Johnstown America Corporation..................................         11-000-288            Cambria      1/13/99     11/1/05, 70 FR  52.2020(d)(1)(k).
                                                                                                                                65842
SGL Carbon Corporation.........................................          OP-24-131                Elk      5/12/95     11/1/05, 70 FR  52.2020(d)(1)(e).
                                                                                                           5/31/95              65845
Salem Tube, Inc................................................          OP-43-142             Mercer      2/16/99     11/1/05, 70 FR  52.2020(d)(1)(e).
                                                                                                                                65845
Dominion Trans, Inc............................................           18-00006            Clinton      6/15/99     11/1/05, 70 FR  52.2020(d)(1)(e).
                                                                                                           9/29/03              65845
Waste Management Disposal Services of Pennsylvania (Pottstown           OP-46-0033  Berks; Montgomery      4/20/99     11/2/05, 70 FR  52.2020(d)(1)(b).
 Landfill).....................................................                                            1/27/04              66261
Waste Management Disposal Services of PA, Inc..................           67-02047               York      4/20/99     11/2/05, 70 FR  52.2020(d)(1)(b).
                                                                                                                                66261
Armstrong World Industries, Inc................................            36-2001          Lancaster       7/3/99     11/2/05, 70 FR  52.2020(d)(1)(b).
                                                                                                                                66261
Cogentrix of Pennsylvania Inc..................................  OP-33-137, PA-33-          Jefferson      1/27/98      3/8/06, 71 FR  52.2020(d)(1)(l).
                                                                   302-014, OP-33-                        11/15/90              11514
                                                                   302-014, PA 33-                         5/31/93
                                                                   399-004, OP 33-                        10/31/98
                                                                           399-004                         5/31/93
Scrubgrass Generating Company, LP..............................         OP-61-0181            Venango      4/30/98      3/8/06, 71 FR  52.2020(d)(1)(l).
                                                                                                                                11514
Wheelabrator Frackville Energy Co..............................          OP-54-005         Schuylkill      9/18/98      3/8/06, 71 FR  52.2020(d)(1)(l).
                                                                                                                                11514
Indiana University of Pennsylvania--S.W. Jack Cogeneration           OP-32-000-200            Indiana      9/24/98      3/8/06, 71 FR  52.2020(d)(1)(l).
 Facility......................................................                                                                 11514
Fleetwood Motor Homes..........................................         OP-49-0011     Northumberland     10/30/98      3/8/06, 71 FR  52.2020(d)(1)(l).
                                                                                                                                11514
Piney Creek, LP................................................         OP-16-0127            Clarion     12/18/98      3/8/06, 71 FR  52.2020(d)(1)(l).
                                                                                                                                11514
Statoil Energy Power Paxton, LP................................        OP-22-02015            Dauphin      6/30/99      3/8/06, 71 FR  52.2020(d)(1)(l).
                                                                                                                                11514
Harrisburg Steamworks..........................................        OP-22-02005            Dauphin      3/23/99      3/8/06, 71 FR  52.2020(d)(1)(l).
                                                                                                                                11514
Cove Shoe Company..............................................        OP-07-02028              Blair       4/7/99      3/8/06, 71 FR  52.2020(d)(1)(l).
                                                                                                                                11514
PP&L--Fichbach C.T. Facility...................................         OP-54-0011         Schuylkill       6/1/99      3/8/06, 71 FR  52.2020(d)(1)(l).
                                                                                                                                11514
PP&L--Allentown C.T. Facility..................................         OP-39-0009             Lehigh       6/1/99      3/8/06, 71 FR  52.2020(d)(1)(l).
                                                                                                                                11514
PP&L--Harwood C.T. Facility....................................         OP-40-0016            Luzerne       6/1/99      3/8/06, 71 FR  52.2020(d)(1)(l).
                                                                                                                                11514

[[Page 646]]

 
PP&L--Jenkins C.T. Facility....................................         OP-40-0017            Luzerne       6/1/99      3/8/06, 71 FR  52.2020(d)(1)(l).
                                                                                                                                11514
The International Metals Reclamation Co........................          OP-37-243           Lawrence       8/9/00     3/31/06, 71 FR  52.2020(d)(1)(m).
                                                                                                                                16235
Petrowax, PA, Inc..............................................          PA 61-020            Venango       1/2/96     3/31/06, 71 FR  52.2020(d)(1)(m).
                                                                                                                                16235
Pennsylvania Electric Company..................................      OP-32-000-059            Indiana     12/29/94    04/28/06, 71 FR  52.2020(d)(1)(n).
                                                                                                                                25070
The Harrisburg Authority.......................................         OP-22-2007            Dauphin      1/02/95    04/28/06, 71 FR  52.2020(d)(1)(n).
                                                                                                                                25070
Texas Eastern Transmission Corp................................        OP-50-02001              Perry      4/12/99    04/28/06, 71 FR  52.2020(d)(1)(n).
                                                                                                                                25070
Graybec Lime, Inc..............................................          OP14-0004             Centre      4/16/99    04/28/06, 71 FR  52.2020(d)(1)(n).
                                                                                                                                25070
Techneglas, Inc................................................        OP-40-0009A            Luzerne      1/29/99    04/28/06, 71 FR  52.2020(d)(1)(n).
                                                                                                                                25070
DLM Foods (formerly Heinz USA).................................             CO 211          Allegheny       3/8/96    05/11/06, 71 FR  52.2020(d)(1)(o).
                                                                                                                                27394
NRG Energy Center (formerly Pittsburgh Thermal Limited                       CO220          Allegheny       3/4/96    05/11/06, 71 FR  52.2020(d)(1)(o).
 Partnership)..................................................                                                                 27394
Tasty Baking Oxford, Inc.......................................         OP-15-0104            Chester      5/12/04    05/11/06, 71 FR  52.2020(d)(1)(o).
                                                                                                                                27394
Silberline Manufacturing Company...............................         OP-13-0014             Carbon      4/19/99    05/11/06, 71 FR  52.2020(d)(1)(o).
                                                                                                                                27394
Adhesives Research, Inc........................................         OP-67-2007               York       7/1/95    05/11/06, 71 FR  52.2020(d)(1)(o).
                                                                                                                                27394
Mohawk Flush Doors, Inc........................................         OP-49-0001     Northumberland      1/20/99    05/11/06, 71 FR  52.2020(d)(1)(o).
                                                                                                                                27394
Bigbee Steel and Tank Company..................................            36-2024          Lancaster       7/7/95     6/13/06, 71 FR  52.2020(d)(1)(p).
                                                                                                                                34011
Conoco Phillips Company........................................         OP-23-0003           Delaware      4/29/04     6/13/06, 71 FR  52.2020(d)(1)(p).
                                                                                                                                34011
The Hershey Company............................................          22-02004B            Dauphin     12/23/05     6/13/06, 71 FR  52.2020(d)(1)(p).
                                                                                                                                34011
LORD Corporation, Cambridge Springs............................          OP-20-123           Crawford      7/27/95     6/13/06, 71 FR  52.2020(d)(1)(p).
                                                                                                                                34011
Pittsburgh Corning Corporation.................................          PA-42-009             McKean      5/31/95     6/13/06, 71 FR  52.2020(d)(1)(p).
                                                                                                                                34011
Small Tube Manufacturing, LLC..................................           07-02010              Blair      2/27/06     6/13/06, 71 FR  52.2020(d)(1)(p).
                                                                                                                                34011
Texas Eastern Transmission Corporation, Holbrook Compressor             30-000-077             Greene       1/3/97     6/13/06, 71 FR  52.2020(d)(1)(p).
 Station.......................................................                                                                 34011
Willamette Industries, Johnsonburgh Mill.......................          OP-24-009                Elk      5/23/95     6/13/06, 71 FR  52.2020(d)(1)(p).
                                                                                                                                34011
American Refining Group, Inc...................................          OP-42-004             McKean     11/23/98     6/14/06, 71 FR  52.2020(d)(1)(q).
                                                                                                                                34259
Bellefonte Lime Company........................................         OP-14-0002             Centre     10/19/98     6/14/06, 71 FR  52.2020(d)(1)(q).
                                                                                                                                34259
Butter Krust Baking Company, Inc...............................         OP-49-0006     Northumberland      11/5/96     6/14/06, 71 FR  52.2020(d)(1)(q).
                                                                                                                                34259
Carnegie Natural Gas Company...................................         30-000-106             Greene      9/22/95     6/14/06, 71 FR  52.2020(d)(1)(q).
                                                                                                                                34259

[[Page 647]]

 
Caterpillar, Inc...............................................            67-2017               York       8/1/95     6/14/06, 71 FR  52.2020(d)(1)(q).
                                                                                                                                34259
Gencorp, Inc...................................................            54-0009          Schuykill      5/31/96     6/14/06, 71 FR  52.2020(d)(1)(q).
                                                                                                                                34259
Harris Semiconductor...........................................        OP-40-0001A            Luzerne      4/16/99     6/14/06, 71 FR  52.2020(d)(1)(q).
                                                                                                                                34259
Merisol Antioxidants LLC.......................................        OP-61-00011            Venango      4/18/05     6/14/06, 71 FR  52.2020(d)(1)(q).
                                                                                                                                34259
Norcon Power Partners, L.P.....................................          OP-25-923               Erie      9/21/95     6/14/06, 71 FR  52.2020(d)(1)(q).
                                                                                                                                34259
Triangle Pacific Corp..........................................            34-2001            Juniata      5/31/95     6/14/06, 71 FR  52.2020(d)(1)(q).
                                                                                                                                34259
Viking Energy of Northumberland Limited Partnership............         OP-49-0004     Northumberland      5/30/95     6/14/06, 71 FR  52.2020(d)(1)(q).
                                                                                                                                34259
White Cap, Inc.................................................            40-0004            Luzerne      7/20/95     6/14/06, 71 FR  52.2020(d)(1)(q).
                                                                                                                                34259
Carlisle Tire & Rubber Company.................................            21-2003         Cumberland      3/10/95     7/11/06, 71 FR  52.2020(d)(1)(t).
                                                                                                                                38993
The Carbide/Graphite Group, Inc................................          OP-24-012                Elk      5/12/95     7/11/06, 71 FR  52.2020(d)(1)(t).
                                                                                                                                38993
Celotex Corporation............................................         OP-49-0013     Northumberland      6/18/99     7/11/06, 71 FR  52.2020(d)(1)(t).
                                                                                                                                38993
American Railcar Industries, Inc. Shippers Car Line Division...         OP-49-0012     Northumberland     11/29/95     7/11/06, 71 FR  52.2020(d)(1)(t).
                                                                                                                                38993
ACF Industries, Inc............................................         OP-49-0009     Northumberland     12/12/96     7/11/06, 71 FR  52.2020(d)(1)(t).
                                                                                                                                38993
New Holland North America, Inc.................................            36-2028          Lancaster     10/17/95     7/11/06, 71 FR  52.2020(d)(1)(t).
                                                                                                                                38993
Allsteel, Inc..................................................           40-001-5            Luzerne      5/26/95     7/11/06, 71 FR  52.2020(d)(1)(t).
                                                                                                                                38993
Ball-Foster Glass Container Co.................................          OP-42-028             McKean       7/7/95     7/11/06, 71 FR  52.2020(d)(1)(t).
                                                                                                           3/31/99              38993
Pennsylvania Power & Light Company--West Shore.................         OP-21-2009         Cumberland       6/7/95     7/11/06, 71 FR  52.2020(d)(1)(r).
                                                                                                                                38995
Foster Wheeler Mt. Carmel, Inc.................................         OP-49-0002     Northumberland      6/30/95     7/11/06, 71 FR  52.2020(d)(1)(r).
                                                                                                                                38995
Metropolitan Edison Company--Portland..........................         OP-48-0006        Northampton     12/14/94     7/11/06, 71 FR  52.2020(d)(1)(r).
                                                                                                                                38995
Pennsylvania Power & Light Company.............................         OP-41-0004           Lycoming      6/13/95     7/11/06, 71 FR  52.2020(d)(1)(r).
                                                                                                                                38995
Pennsylvania Power & Light Company.............................         OP-18-0006            Clinton      6/13/95     7/11/06, 71 FR  52.2020(d)(1)(r).
                                                                                                                                38995
Texas Eastern Transmission Corporation.........................         OP-34-2002            Juniata      1/31/97     7/11/06, 71 FR  52.2020(d)(1)(r).
                                                                                                                                38995
Pennsylvania Power & Light Company.............................         OP-48-0011        Northampton     12/19/94     7/11/06, 71 FR  52.2020(d)(1)(r).
                                                                                                                                38995
Johnstown Corporation..........................................      OP-11-000-034            Cambria      6/23/95     7/11/06, 71 FR  52.2020(d)(1)(r).
                                                                                                                                38995
Koppers Industries, Inc........................................         OP-41-0008           Lycoming      3/30/99     7/13/06, 71 FR  52.2020(d)(1)(s).
                                                                                                                                39572
Armstrong World Industries, Inc................................         OP-36-2002          Lancaster     10/31/96      6/8/07, 72 FR  52.2020(d)(1)(u).
                                                                                                                                31749

[[Page 648]]

 
Peoples Natural Gas Company....................................          OP-16-124            Clarion      8/11/99      6/8/07, 72 FR  52.2020(d)(1)(u).
                                                                                                                                31749
Dart Container Corporation.....................................         OP-36-2015          Lancaster      8/31/95      6/8/07, 72 FR  52.2020(d)(1)(u).
                                                                                                                                31749
AT&T Microelectronics..........................................         OP-39-0001             Lehigh      5/19/95      6/8/07, 72 FR  52.2020(d)(1)(u).
                                                                                                                                31749
West Penn Power Co.............................................      OP-30-000-099             Greene      5/17/99      6/8/07, 72 FR  52.2020(d)(1)(u).
                                                                                                                                31749
Merck and Co., Inc.............................................        OP-49-0007B     Northumberland      5/16/01      3/4/08, 73 FR  52.2020(d)(1)(v).
                                                                                                                                11553
--------------------------------------------------------------------------------------------------------------------------------------------------------


                  (2) EPA-Approved Volatile Organic Compounds (VOC) Emissions Trading Programs
----------------------------------------------------------------------------------------------------------------
                                                                                                    Additional
                                                                     State        EPA approval     explanation/
       Name of source            Permit No.         County      effective date        date        Sec. 52.2063
                                                                                                     citation
----------------------------------------------------------------------------------------------------------------
National Can Company Fres-co  85-524.........  Bucks..........          3/1/85  4/21/88, 53 FR   (c)(68);
 Systems, USA Inc. Paramount  85-525.........                                    13121.           transfer of
 Packaging Corp.                                                                                  offsets from
                                                                                                  NCCo to Fresco
                                                                                                  and Paramount.
----------------------------------------------------------------------------------------------------------------


                       (3) EPA-Approved Source Specific Sulfur Dioxide (SO2) Requirements
----------------------------------------------------------------------------------------------------------------
                                                                                                    Additional
                                                                     State        EPA approval     explanation/
       Name of source            Permit No.         County      effective date        date        Sec. 52.2063
                                                                                                     citation
----------------------------------------------------------------------------------------------------------------
USX Corporation, Clairton     200............  Allegheny......        11/17/94  8/18/95, 60 FR   (c)(99).
 Coke Works.                                                                     43012.
Reliant Energy Mid-Atlantic   SO2-62-00012...  Warren.........        11/21/01  1/17/03, 68 FR   (c)(190)(i)(C)(
 Power Holdings LLC, Warren                                                      2459.            1).
 Generating Station.
United Refining Company.....  SO2-62-017E....  Warren.........         6/11/01  1/17/03, 68 FR   (c)(190)(i)(C)(
                                                                                 2459.            2).
Trigen-Philadelphia Energy    SO2-95-002.....  Philadelphia...         7/27/00  9/9/02, 67 FR    (c)(193)(i)(B)(
 Corporation.                                                                    57155.           1).
Grays Ferry Cogeneration      SO2-95-002A....  Philadelphia...         7/27/00  9/9/02, 67 FR    (c)(193)(i)(B)(
 Partnership.                                                                    57155.           2).
PECO Energy Company,          SO2-95-006.....  Philadelphia...         7/27/00  9/9/02, 67 FR    (c)(193)(i)(B)(
 Schuylkill Generating                                                           57155.           3).
 Station.
Sunoco, Inc. (R&M)            SO2-95-039.....  Philadelphia...         7/27/00  9/9/02, 67 FR    (c)(193)(i)(B)(
 Philadelphia Refinery.                                                          57155.           4).
----------------------------------------------------------------------------------------------------------------


                            (4) EPA-Approved Source Specific Leade (Pb) Requirements
----------------------------------------------------------------------------------------------------------------
                                                                                                    Additional
                                                                     State        EPA approval     explanation/
       Name of source            Permit No.         County      effective date        date        Sec. 52.2063
                                                                                                     citation
----------------------------------------------------------------------------------------------------------------
East Penn Manufacturing Corp  [None].........  Berks..........         5/29/84  7/27/84, 49 FR   (c)(62).
                                                                                 30179.
General Battery Corporation.  [None].........  Berks..........         5/29/84  7/27/84, 49 FR   (c)(62)
                                                                                 30179.
Tonolli Corporation (Closed)  [None].........  Carbon.........         5/29/84  7/27/84, 49 FR   (c)(62).
                                                                                 30179.

[[Page 649]]

 
Franklin Smelting and         [None].........  Philadelphia...         9/21/94  12/20/96, 61 FR  (c)(112).
 Refining Corporation.                                                           67275.
MDC Industries, Inc.........  [None].........  Philadelphia...         9/21/94  12/20/96, 61 FR  (c)(112).
                                                                                 67275.
Anzon, Inc..................  [None].........  Philadelphia...         9/21/94  12/20/96, 61 FR  (c)(112).
                                                                                 67275.
----------------------------------------------------------------------------------------------------------------

    (e) EPA-approved nonregulatory and quasi-regulatory material

                          (1) EPA-Approved Nonregulatory and Quasi-Regulatory Material
----------------------------------------------------------------------------------------------------------------
                                                             State
    Name of non-regulatory SIP           Applicable        submittal    EPA approval date        Additional
             revision                  geographic area       date                                explanation
----------------------------------------------------------------------------------------------------------------
Sulfur Dioxide Attainment           Conewego, Pleasant,      8/20/01  1/17/03, 68 FR 2454.  52.2033(b).
 Demonstration.                      and Glade
                                     Townships; City of
                                     Warren (Warren Co.).
Sulfur Dioxide Attainment           Allegheny County--       8/15/03  7/21/04, 69 FR 43522  52.2033(c).
 Demonstration.                      sulfur dioxide area
                                     defined in 40 CFR
                                     81.339.
Photochemical Assessment            Philadelphia-            9/23/94  9/11/95, 60 FR 47081  52.2035.
 Monitoring Stations (PAMS)          Wilmington-Trenton
 Program.                            Ozone Nonattainment
                                     Area.
1990 Base Year Emission Inventory-- Philadelphia County.      9/8/95  1/30/96, 61 FR 2982.  52.2036(a).
 Carbon Monoxide.                                           10/30/95
1990 Base Year Emission Inventory-- Pittsburgh-Beaver        3/22/96  4/3/01, 66 FR 17634.  52.2036(d).
 VOC.                                Valley Ozone            2/18/97
                                     Nonattainment Area.     7/22/98
1990 Base Year Emission Inventory-- Reading Area (Berks      1/28/97  5/7/97, 62 FR 24846.  52.2036(e).
 VOC, CO, NOX.                       County).
1990 Base Year Emission Inventory-- Philadelphia-            9/12/96  6/9/97, 62 FR 31343.  52.2036(i).
 VOC.                                Wilmington-Trenton
                                     Ozone Nonattainment
                                     Area.
1990 Base Year Emission Inventory-- Philadelphia-            7/31/98  6/17/99, 64 FR 32422  52.2036(l).
 NOX.                                Wilmington-Trenton
                                     Ozone Nonattainment
                                     Area.
1990 Base Year Emission Inventory-- Pittsburgh-Beaver        3/22/96  10/19/01, 66 FR       52.2036(m).
 NOX.                                Valley Ozone            2/18/97   53094.
                                     Nonattainment Area.
1990 Base Year Emission Inventory-- City of Pittsburgh-     11/12/92  11/12/02, 67 FR       52.2036(n).
 Carbon Monoxide.                    CBD & Oakland.          8/17/01   68521.
Post 1996 Rate of Progress Plan...  Philadelphia-            7/31/98  10/26/01, 66 FR       52.2037(i).
                                     Wilmington-Trenton      2/25/00   54143.
                                     Ozone Nonattainment
                                     Area.
One-Hour Ozone Attainment           Philadelphia-            4/30/98  10/26/01, 66 FR       52.2037(j).
 Demonstration.                      Wilmington-Trenton      8/21/98   54143.
                                     Ozone Nonattainment     2/25/00
                                     Area.                   7/19/01
Mobile Budgets for Post-1996 and    Philadelphia-            2/25/00  10/26/01, 66 FR       52.2037(k).
 2005 attainment plans.              Wilmington-Trenton                54143.
                                     Ozone Nonattainment
                                     Area.
                                                             2/23/04  5/21/04, 69 FR 29238  52.2037(k).
15% Rate of Progress Plan.........  Pittsburgh-Beaver        3/22/96  4/3/01, 66 FR 17634.  52.2038(a).
                                     Valley Ozone            2/18/97
                                     Nonattainment Area.     7/22/98
15% Rate of Progress Plan.........  Philadelphia-            9/12/96  8/24/01, 66 FR 44547  52.2038(b).
                                     Wilmington-Trenton      4/10/97
                                     Ozone Nonattainment      6/5/98
                                     Area.
Control of Asphalt Paving Material  Defined 16-county        5/20/77  10/6/77, 42 FR 54417  52.1120(c)(15),
 (Emission offset).                  area in Western PA      7/15/77                         52.2054.
                                     and Southwestern PA.

[[Page 650]]

 
Particulate matter SIP............  Allegheny County--        1/6/94  9/8/98, 63 FR 47434.  52.2059.
                                     Clairton PM10
                                     nonattainment area.
Small Business Assistance Program.  Statewide...........      2/1/93  1/6/95, 60 FR 1738..  52.2060.
Source Testing Manual.............  Allegheny County....     9/10/79  10/21/81, 46 FR       52.2063(c)(4).
                                                                       51607.
Ozone Nonattainment Plan..........  Statewide...........     4/24/79  5/20/80, 46 FR 33607  52.2063(c)(22).
Non-regulatory measures...........  Southwest Pa. AQCR..     9/17/79  5/20/80, 46 FR 33607  52.2063(c)(30).
Air Quality Monitoring Network....  Statewide (except        1/25/80  8/5/81, 46 FR 39822.  52.2063(c)(34).
                                     Allegheny County).
Attainment plan for sulfur dioxide  Armstrong County....      4/9/81  8/18/81, 46 FR 43423  52.2063(c)(36).
Air Quality Monitoring Network....  Allegheny County....    12/24/80  9/15/81, 46 FR 45762  52.2063(c)(38).
Expanded Ridesharing Program......  Metro. Philadelphia      12/9/81  10/7/82, 47 FR 44259  52.2063(c)(46).
                                     AQCR.
Lead (Pb) SIP.....................  Allegheny County....      9/6/83  2/6/84, 49 FR 4379..  52.2063(c)(59).
Lead (Pb) SIP.....................  Philadelphia........     8/29/83  8/1/84, 49 FR 30696.  52.2063(c)(61).
                                                             5/15/84
Lead (Pb) SIP.....................  Statewide (except        9/30/82  7/27/84, 49 FR 30179  52.2063(c)(62).
                                     Philadelphia and         6/8/84
                                     Allegheny Counties).
Ozone and Carbon Monoxide Plan....  Metro. Philadelphia      6/30/82  2/26/85, 45 FR 7772.  52.2063(c)(63).
                                     AQCR.                  10/24/83
Ozone and Carbon Monoxide Plan....  Southwestern Pa AQCR     6/30/82  2/26/85, 45 FR 7772.  52.2063(c)(63).
                                                            10/24/83
Ozone and Carbon Monoxide Plan....  Allentown-Bethlehem-     6/30/82  2/26/85, 45 FR 7772.  52.2063(c)(63).
                                     Easton Air Basin.      10/24/83
Carbon Monoxide Maintenance Plan..  Philadelphia County.      9/8/95  1/30/96, 61 FR 2982.  52.2063(c)(105).
                                                            10/30/95
                                                              9/3/04  04/04/05, 70 FR       Revised Carbon
                                                                       16958.                Monoxide
                                                                                             Maintenance Plan
                                                                                             Base Year Emissions
                                                                                             Inventory using
                                                                                             MOBILE6.
                                                             3/19/07  10/5/07, 72 FR 56911  Conversion of the
                                                                                             Carbon Monoxide
                                                                                             Maintenance Plan to
                                                                                             a Limited
                                                                                             Maintenance Plan
                                                                                             Option.
Source Testing Manual.............  Statewide...........    11/26/94  7/30/96, 61 FR 39597  52.2063(c)(110)(i)(D
                                                                                             ); cross-referenced
                                                                                             in Section 139.5.
Continuous Source Testing Manual    Statewide (OFR          11/26/94  7/30/96, 61 FR 39597  52.2063(c)(110)(i)(D
 (OFR error).                        error).                                                 ); cross-referenced
                                                                                             in Section 139.5.
Ozone Maintenance Plan............  Reading Area (Berks      1/28/97  5/7/97, 62 FR 24846.  52.2063(c)(123).
                                     County).
                                                            12/09/03  2/26/04, 68 FR 8824.  52.2063(c)(222).
Ozone Maintenance Plan............  Pittsburgh-Beaver        5/21/01  10/19/01, 66 FR       52.2063(c)(188).
                                     Valley Ozone                      53094.
                                     Nonattainment Area.
                                                             4/11/03  8/5/03, 68 FR 46099.  52.2063(c)(210).
                                                             4/22/04  12/10/04, 69 FR       52.2063(c)(226).
                                                                       71212.
Carbon Monoxide Maintenance Plan..  City of Pittsburgh--     8/17/01  11/12/02, 67 FR       52.2063(c)(189).
                                     CBD & Oakland.                    68521.
PM10 Maintenance Plan.............  Allegheny County--       9/14/02  9/11/03, 68 FR 53515  52.2063(c)(215).
                                     Clairton PM10
                                     nonattainment area.
Sulfur Dioxide Maintenance Plan...  Allegheny County--       8/15/03  7/21/04, 69 FR 43522  52.2063(c)(216)(i)(B
                                     sulfur dioxide area                                     ).
                                     defined in 40 CFR
                                     81.339.
Sulfur Dioxide Maintenance Plan...  Conewego, Pleasant,       5/7/04  7/1/04, 69 FR 39860.  52.2063(c)(224).
                                     and Glade
                                     Townships; City of
                                     Warren (Warren Co.).
8-Hour Ozone Maintenance Plan and   Lancaster Area           9/20/06  7/6/07, 72 FR 36889.
 2002 Base Year Emissions            (Lancaster County).    11/08/06
 Inventory.
8-Hour Ozone Maintenance Plan and   Tioga County........    09/28/06  7/6/07, 72 FR 36892.
 2002 Base Year Emissions                                   11/14/06
 Inventory.

[[Page 651]]

 
8-Hour Ozone Maintenance Plan and   Franklin County Area     9/20/06  7/25/07, 72 FR
 2002 Base Year Emissions            (Franklin County).     11/08/06   40746.
 Inventory.
8-Hour Ozone Maintenance Plan and   Harrisburg-Lebanon-      3/27/07  7/25/07, 72 FR
 2002 Base Year Emissions            Carlisle, PA:                     40749.
 Inventory.                          Cumberland County,
                                     Dauphin County,
                                     Lebanon County,
                                     Perry County.
8-Hour Ozone Maintenance Plan and   Johnstown (Cambria       3/27/07  8/1/07, 72 FR 41903.  Correction Notice
 2002 Base Year Emissions            County).                                                published 3/4/08,
 Inventory.                                                                                  73 FR 11560.
8-Hour Ozone Maintenance Plan and   Blair County........      2/8/07  8/1/07, 72 FR 41906.
 2002 Base Year Emissions
 Inventory.
8-Hour Ozone Maintenance Plan and   Reading Area (Berks      1/25/07  8/24/07, 72 FR 41906  Correction Notice
 2002 Base Year Emissions            County).                                                published 1/14/08,
 Inventory.                                                                                  73 FR 2162.
8-Hour Ozone Maintenance Plan and   Erie County.........     4/24/07  10/9/07, 72 FR 57207  Correction Notices
 2002 Base Year Emissions                                                                    published 1/14/08,
 Inventory.                                                                                  73 FR 2162; and 3/4/
                                                                                             08, 73 FR 11560.
8-Hour Ozone Maintenance Plan and   Mercer County.......     3/27/07  10/19/07, 72 FR       Correction Notices
 2002 Base Year Emissions                                              59213.                published 1/14/08,
 Inventory.                                                                                  73 FR 2162; and 3/4/
                                                                                             08, 73 FR 11560.
8-Hour Ozone Maintenance Plan and   State College            6/12/07  11/14/07, 72 FR
 2002 Base Year Emissions            (Centre County).                  63990.
 Inventory.
8-Hour Ozone Maintenance Plan and   Scranton-Wilkes-         6/12/07  11/19/07, 72 FR
 2002 Base Year Emissions            Barre Area:                       64948.
 Inventory.                          Lackawanna,
                                     Luzerne, Monroe and
                                     Wyoming Counties.
8-Hour Ozone Maintenance Plan and   York, PA: Adams          6/14/07  1/14/08, 73 FR 2163.
 2002 Base Year Emissions            County, York County.
 Inventory.
8-Hour Ozone Maintenance Plan and   Allentown-Bethlehem-     6/26/07  3/4/08, 73 FR 11557.  Technical correction
 2002 Base Year Emissions            Easton Area:             8/9/07                         dated 8/9/07
 Inventory.                          Carbon, Lehigh and                                      addresses omitted
                                     Northampton                                             emissions inventory
                                     Counties.                                               information from 6/
                                                                                             26/07 submittals.
8-Hour Ozone Maintenance Plan and   Wayne County........    12/17/07  6/6/08, 73 FR 32238.
 2002 Base-Year Inventory.
8-Hour Ozone Maintenance Plan and   Warren County.......    12/17/07  6/30/08, 73 FR 36802
 2002 Base-Year Inventory.
8-Hour Ozone Maintenance Plan and   Columbia County.....    12/17/07  7/2/08, 73 FR 37840.
 2002 Base-Year Inventory.
8-Hour Ozone Maintenance Plan and   Susquehanna County..    12/17/07  7/2/08, 73 FR 37841.
 2002 Base-Year Inventory.
8-Hour Ozone Maintenance Plan and   Crawford County.....    12/17/07  7/2/08, 73 FR 37843.
 2002 Base-Year Inventory.
8-Hour Ozone Maintenance Plan and   Somerset County.....    12/17/07  7/2/08, 73 FR 37844.
 2002 Base-Year Inventory.

[[Page 652]]

 
8-Hour Ozone Maintenance Plan and   Snyder County.......    12/17/07  7/18/08, 73 FR
 2002 Base-Year Inventory.                                             41271.
8-Hour Ozone Maintenance Plan and   Juniata County......    12/17/07  7/18/08, 73 FR
 2002 Base-Year Inventory.                                             41272.
8-Hour Ozone Maintenance Plan and   Lawrence County.....    12/17/07  7/18/08, 73 FR
 2002 Base-Year Inventory.                                             41274.
8-Hour Ozone Maintenance Plan and   Northumberland          12/17/07  7/18/08, 73 FR
 2002 Base-Year Inventory.           County.                           41275.
8-Hour Ozone Maintenance Plan and   Pike County.........    12/17/07  7/21/08, 73 FR
 2002 Base-Year Inventory.                                             42263.
8-Hour Ozone Maintenance Plan and   Schuylkill County...    12/17/07  8/8/08, 73 FR 46200.
 2002 Base-Year Inventory.
2002 Base-Year Inventory..........  Pittsburgh-Beaver        4/26/07  11/17/08, 73 FR       The SIP effective
                                     Valley                            67776.                date is 12/17/08.
                                     Nonattainment Area:
                                     Allegheny,
                                     Armstrong, Beaver,
                                     Butler, Fayette,
                                     Washington, and
                                     Westmoreland
                                     counties.
8-Hour Ozone Maintenance Plan and   Greene County.......  1/25/07, 5/ 3/19/09, 74 FR
 2002 Base Year Emissions                                      23/08   11671..
 Inventory.
8-Hour Ozone Maintenance Plan and   Clearfield/Indiana    6/14/07, 5/ 3/19/09, 74 FR
 2002 Base Year Emissions            Area: Clearfield          23/08   11677..
 Inventory.                          and Indiana
                                     Counties.
Transportation Conformity           Entire State........     5/29/08  4/29/09, 74 FR 19451  Memoranda of
 Requirements.                                                                               Understanding
                                                                                             between EPA, FHWA,
                                                                                             FTA, Pennsylvania,
                                                                                             Virginia, and
                                                                                             eighteen
                                                                                             Metropolitan and
                                                                                             Rural Planning
                                                                                             Organizations.
----------------------------------------------------------------------------------------------------------------


(2) EPA-Approved Source-Specific Reasonably Available Control Technology (RACT) Requirements for Volatile Organic Compounds (VOC) and Oxides of Nitrogen
                                                           (NOX) Not Incorporated by Reference
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     State
          Name of source                  Permit No.               County          submittal     EPA approval date        Additional explanation/Sec.
                                                                                      date                                     52.2063 citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
USX Corp./ US Steel Group--         09-0006..............  Bucks................      8/11/95  04/09/96.............  52.2036(b); 52.2037(c); source
 Fairless Hills.                                                                     11/15/95  61 FR 15709..........   shutdown date is 8/1/91.
General Glass--Jeannette..........  65-0675..............  Westmoreland.........       7/5/95  05/16/96.............  52.2036(c); 52.2037(d).
                                                                                               61 FR 24727..........
Sharon Steel Company..............  43-0017..............  Mercer...............      12/8/95  12/20/96.............  52.2036(f); 52.2037(e).
                                                                                               61 FR 67275..........
R. R. Donnelley and Sons Co.--      36-2027..............  Lancaster............      9/20/95  07/21/97.............  52.2036(j).
 Lancaster East Plant.                                                                         62 FR 33891..........
Rockwell Heavy Vehicle, Inc.--New   37-065...............  Lawrence.............       4/8/98  04/16/99.............  52.2036(k); source shutdown date
 Castle Forge Plant.                                                                           64 FR 18818..........   is 4/1/93.
Pennsylvania Electric Co.--         07-2006..............  Blair................       8/1/95  12/20/96.............  52.2037(f); 52.2063(c)(113)(i)(A)
 (PENELEC)--Williamsburg Station.                                                              61 FR 67275..........   & (ii)(A).
Caparo Steel Company..............  43-0285..............  Mercer...............      12/8/95  12/20/96.............  52.2037(g).
                                                                                               61 FR 67275..........

[[Page 653]]

 
Mercersburg Tanning Co............  28-2008..............  Franklin.............      4/26/95  03/12/97.............  52.2037(h);
                                                                                               62 FR 11079..........  52.2063(c)(114)(i)(A)(3) &
                                                                                                                       (ii)(A).
Duquesne Light Co.--Brunot Island   214..................  Allegheny............       3/5/01  10/18/01.............  52.2063(c)(161)(ii)(A).
 Station.                                                                                      66 FR 52867..........
Duquesne Light Co.--Phillips        212..................  Allegheny............      4/15/99  10/18/01.............  52.2063(c)(161)(ii)(B).
 Station.                                                                                      66 FR 52867..........
--------------------------------------------------------------------------------------------------------------------------------------------------------


[70 FR 9452, Feb. 25, 2005]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2020, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.2021  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region               Particulate   Sulfur   Nitrogen   Carbon        Ozone
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Philadelphia Interstate.................           I          I       III         I             I
Northeast Pennsylvania-Upper Delaware Valley                    I         II       III       III           III
 Interstate..........................................
South Central Pennsylvania Intrastate................           I         II       III       III           III
Central Pennsylvania Intrastate......................           I        III       III       III           III
Southwest Pennsylvania Intrastate....................           I          I       III         I             I
Northwest Pennsylvania-Youngstown Interstate.........           I         II       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10889, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 45 
FR 33627, May 20, 1980]



Sec. 52.2022  Extensions.

    (a) The Administrator hereby extends for 18 months the statutory 
timetable for submission of Pennsylvania's plan for attainment and 
maintenance of the secondary standards for sulfur oxides and particulate 
matter in the Southwest Pennsylvania Intrastate Region and in 
Pennsylvania's portion of the Metropolitan Philadelphia Interstate 
Region.
    (b) The Administrator hereby extends for 2 years the attainment date 
for the national standards for carbon monoxide in the Southwest 
Pennsylvania Intrastate Region, for 1 year the attainment date for the 
national standard for photochemical oxidants in the Southwest 
Pennsylvania Intrastate Region, and for 1 year the attainment date for 
the national standards for carbon monoxide in the Pennsylvania portion 
of the Metropolitan Philadelphia Interstate Region.
    (c) The Administrator hereby extends for 18 months, until July 1, 
1980, the statutory timetable for submission of Pennsylvania's plan for 
attainment and maintenance of the secondary national ambient air quality 
standard for particulate matter in Pennsylvania's portion of the 
Metropolitan Philadelphia Interstate Air Quality Control Region.
    (d) The Administrator hereby extends the attainment date for the 
national ambient air quality standard for ozone to December 31, 1987 for 
the following counties:

    Allegheny, Armstrong, Beaver, Butler, Washington, Westmoreland, 
Bucks, Chester, Delaware, Montgomery, Philadelphia, Lehigh, and 
Northampton.


[[Page 654]]


    (e) The Administrator hereby extends the dates for attainment of the 
national ambient air quality standard for carbon monoxide to December 
31, 1987 in Philadelphia County and to December 31, 1985 in Allegheny 
County.

[37 FR 10889, May 31, 1972, as amended at 38 FR 32893, Nov. 28, 1973; 45 
FR 33627, May 20, 1980; 46 FR 43141, Aug 27, 1981; 50 FR 7777, Feb. 26, 
1985]



Sec. 52.2023  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Pennsylvania's plan for attainment and maintenance of the 
national standards.
    (b) With the exceptions set forth in this subpart, the Administrator 
approves Pennsylvania's plan for the attainment and maintenance of the 
national ambient air quality standards under section 110 of the Clean 
Air Act. Furthermore, the Administrator finds that the plan satisfies 
all requirements of Part D, Title 1, of the Clean Air Act as amended in 
1977, except as noted below.
    (c) [Reserved]
    (d) Limited approval/limited disapproval of revisions to the 
Pennsylvania Regulations, Chapter 129.82 pertaining to Stage II Vapor 
Recovery and the associated definition of gasoline dispensing facilities 
in Chapter 121.1 submitted on March 4, 1992, by the Pennsylvania 
Department of Environmental Resources. The Pennsylvania Stage II 
regulation is deficient in that it does not include the testing and 
certification procedures contained in EPA's October 1991 Stage II 
guidance documents (EPA-450/3-91-022a and EPA-450/3-91-022b).
    (e) Disapproval of the April 19, 1995 NOX RACT proposal 
for Pennsylvania Power Company--New Castle plant located in Lawrence 
County, Pennsylvania.
    (f)-(i) [Reserved]
    (j) The conditionally approved Pennsylvania enhanced I/M SIP 
revision (59 FR 44936) submitted on November 3, 1993 by the Pennsylvania 
Department of Environmental Resources was converted to a disapproval by 
an April 13, 1995 letter from EPA to Pennsylvania.
    (k) [Reserved]

[38 FR 32893, Nov. 28, 1973, as amended at 45 FR 33627, May 20, 1980; 51 
FR 18440, May 20, 1986; 53 FR 31330, Aug. 18, 1988; 59 FR 6220, Feb. 10, 
1994; 59 FR 30304, June 13, 1994; 60 FR 47085, Sept. 11, 1995; 61 FR 
16062, Apr. 11, 1996; 63 FR 13794, Mar. 23, 1998; 63 FR 23673, Apr. 30, 
1998; 67 FR 68941, Nov. 14, 2002; 73 FR 62893, Oct. 22, 2008]



Sec. 52.2024  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the legal authority to provide for public availability of emission 
data is inadequate.
    (b) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the Agency responsible for 
making emission data available to the public, as specified in the 
applicable plan, concerning emissions from any source subject to 
emission limitations, which are part of the approved plan may request 
that the appropriate Regional Administrator obtain and make public such 
data. Within 30 days after receipt of any such written request, the 
Regional Administrator shall require the owner or operator of any such 
source to submit information within 30 days on the nature and amounts of 
emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the applicable plan.
    (2) Commencing after the initial notification by the Regional 
Administrator pursuant to paragraph (b)(1) of this section, the owner or 
operator of the source shall maintain records of the nature and amounts 
of emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the plan. The information recorded shall be 
summarized and reported to the Regional Administrator, on forms 
furnished by the Regional Administrator, and shall be submitted within 
45 days after the end of the reporting period. Reporting periods are

[[Page 655]]

January 1 to June 30 and July 1 to December 31.
    (3) Information recorded by the owner or operator and copies of this 
summarizing report submitted to the Regional Administrator shall be 
retained by the owner or operator for 2 years after the date on which 
the pertinent report is submitted.
    (4) Emission data obtained from owners or operators of stationary 
sources will be correlated with applicable emission limitations and 
other control measures that are part of the applicable plan and will be 
available at the appropriate regional office and at other locations in 
the state designated by the Regional Administrator.

[39 FR 34537, Sept. 26, 1974, as amended at 40 FR 55333, Nov. 28, 1975; 
51 FR 40676, Nov. 7, 1986]



Sec. 52.2025  Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met, 
since section 5-1104 of the Philadelphia Home Rule Charter could, in 
some circumstances, prohibit the disclosure of emission data to the 
public. Therefore, section 5-1104 is disapproved.

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



Sec. 52.2026  [Reserved]



Sec. 52.2027  Approval status of Pennsylvania's Generic NOX and VOC 
RACT Rules.

    (a) Effective November 15, 2001, EPA removes the limited nature of 
its approval of 25 PA Code of Regulations, Chapter 129.91 through 129.95 
(see Sec. 52.2020 (c)(129)) as those regulations apply to the 
Pittsburgh-Beaver Valley area. Chapter 129.91 through 129.95 of 
Pennsylvania's regulations are fully approved as they apply in 
Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and 
Westmoreland Counties, the seven counties that comprise the Pittsburgh-
Beaver Valley area.
    (b) Effective November 29, 2001, EPA removes the limited nature of 
its approval of 25 PA Code of Regulations, Chapter 129.91 through 129.95 
[see Sec. 52.2020 (c)(129)] as those regulations apply to the 
Philadelphia-Wilmington-Trenton area. Chapter 129.91 through 129.95 of 
Pennsylvania's regulations are fully approved as they apply in Bucks, 
Chester, Delaware, Montgomery, and Philadelphia Counties, the five 
counties that comprise the Pennsylvania portion of the Philadelphia 
area.
    (c) Effective November 21, 2008, EPA removes the limited nature of 
its approval of 25 PA Code of Regulations, Chapter 129.91 through 129.95 
as those regulations apply to the following areas: Adams, Bedford, 
Berks, Blair, Bradford, Cambria, Cameron, Carbon, Centre, Clarion, 
Clearfield, Clinton, Columbia, Crawford, Cumberland, Dauphin, Elk, Erie, 
Forest, Franklin, Fulton, Greene, Huntington, Indiana, Jefferson, 
Juniata, Lackawanna, Lancaster, Lawrence, Lebanon, Lehigh, Luzerne, 
Lycoming, McKean, Mercer, Mifflin, Monroe, Montour, Northampton, 
Northumberland, Perry, Pike, Potter, Schuylkill, Snyder, Somerset, 
Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Wayne, Wyoming, 
and York Counties.

[66 FR 52534, Oct. 16, 2001, as amended at 66 FR 54699, Oct. 30, 2001; 
73 FR 62893, Oct. 22, 2008]



Sec. Sec. 52.2028-52.2029  [Reserved]



Sec. 52.2030  Source surveillance.

    (a)-(b) [Reserved]
    (c) The requirements of Sec. 51.212 of this chapter are not met 
because the plan does not provide procedures for obtaining and 
maintaining data on actual emission reductions achieved as a result of 
implementing transportation control measures.

[37 FR 10889, May 31, 1972, as amended at 37 FR 15088, July 27, 1972; 38 
FR 12701, May 14, 1973; 38 FR 16567, June 22, 1973; 51 FR 40677, Nov. 7, 
1986; 61 FR 16062, Apr. 11, 1996]



Sec. 52.2031  [Reserved]



Sec. 52.2032  Intergovernmental cooperation.

    (a) The requirements of subpart M of this chapter are not met 
because the plan does not identify other State or local agencies or 
their responsibilities for implementing and carrying out designated 
portions of the plan.
    (b) The requirements of subpart M of this chapter are not met 
because the plan does not indicate that Pennsylvania will transmit to 
the neighboring

[[Page 656]]

States of Maryland, New York, and West Virginia data about factors which 
may significantly affect air quality in those States.

[38 FR 16568, June 22, 1973, as amended at 51 FR 40677, Nov. 7, 1986]



Sec. 52.2033  Control strategy: Sulfur oxides.

    (a) The revision to the control strategy resulting from the 
modification to the emission limitation applicable to the sources listed 
below or the change in the compliance date for such sources with the 
present emission limitation is hereby approved. All regulations cited 
are air pollution control regulations of the State, unless otherwise 
noted. (See Sec. 52.2036 for compliance schedule approvals and 
disapprovals pertaining to one or more of the sources listed below.)

----------------------------------------------------------------------------------------------------------------
                Source                         Location           Regulation involved       Date of submittal
----------------------------------------------------------------------------------------------------------------
Clairton Coke and Coal Works (U.S.     Allegheny County.......  Section 1809 (Article    12/14/72
 Steel).                                                         XVIII).
Industrial Boilers (U.S. Steel)......  ......do...............  ......do...............   Do.
----------------------------------------------------------------------------------------------------------------

    (b) EPA approves the attainment demonstration State Implementation 
Plan for the Conewango Township, Pleasant Township, Glade Township, and 
City of Warren area submitted by the Pennsylvania Department of 
Environmental Protection on December 26, 2001.
    (c) EPA approves the attainment demonstration State Implementation 
Plan for the Hazelwood and Monongahela River Valley areas of the 
Allegheny County Air Basin in Allegheny County, submitted by the 
Pennsylvania Department of Environmental Protection on August 15, 2003.

[38 FR 7459, Mar. 22, 1973, as amended at 68 FR 2459, Jan. 17, 2003; 69 
FR 43524, July 21, 2004]



Sec. 52.2034  Attainment dates for national standards.

    With regard to Northumberland County, Snyder County, and Allegheny 
County, Pennsylvania has not submitted a plan, as of December 31, 1979, 
providing for the attainment and maintenance of the secondary sulfur 
dioxide (SO2) standards.

[61 FR 16062, Apr. 11, 1996]



Sec. 52.2035  Photochemical Assessment Monitoring Stations (PAMS) 
Program.

    On September 23, 1994 Pennsylvania's Department of Environmental 
Resources (now known as the Department of Environmental Protection) 
submitted a plan for the establishment and implementation of a 
Photochemical Assessment Monitoring Stations (PAMS) Program as a state 
implementation plan (SIP) revision, as required by section 182(c)(1) of 
the Clean Air Act. EPA approved the Photochemical Assessment Monitoring 
Stations (PAMS) Program on September 11, 1995 and made it part of 
Pennsylvania SIP. As with all components of the SIP, Pennsylvania must 
implement the program as submitted and approved by EPA.

[60 FR 47084, Sept. 11, 1995]



Sec. 52.2036  1990 base year emission inventory.

    (a) EPA approves as a revision to the Pennsylvania State 
Implementation Plan the 1990 base year carbon monoxide emission 
inventory for Philadelphia County, submitted by the Secretary, 
Pennsylvania Department of Environmental Protection, on September 8, 
1995 and October 30, 1995. This submittal consists of the 1990 base year 
stationary, area, non-road mobile and on-road mobile emission 
inventories in Philadelphia County for the pollutant carbon monoxide 
(CO).
    (b) The U.S. Steel--Fairless Hills 1990 VOC and NOX 
emissions for six emission units (no. 3 blast furnace, no.1 open hearth 
furnace, no. 1 soaking pits and no. 2 soaking pits (units 1-8 and units 
9-16), and 80 in. hot strip mill), submitted August 11, 1995, are 
approved. U.S. Steel--Fairless Hills is located in Montgomery County, 
Pennsylvania, which is part of the Philadelphia severe ozone 
nonattainment area. The VOC and NOX 1990 emissions from the 
no. 3 blast furnace are zero for both pollutants. The VOC and 
NOX 1990 emissions from the no. 1 open hearth

[[Page 657]]

furnace are 6.9 TPY and 455.5 TPY, respectively. The VOC and 
NOX emissions from the no. 1 soaking pits are 6.6 TPY and 
91.8 TPY, respectively. The VOC and NOX emissions from the 
no. 2 soaking pits (units 1-8) are 1.10 TPY and 21.0 TPY, respectively. 
The VOC and NOX emissions from the no. 2 soaking pits (units 
9-16) are 1.10 TPY and 21.0 TPY, respectively. The VOC and 
NOX emissions from the 80 in. hot strip mill are 1.9 TPY and 
688.6 TPY, respectively.
    (c) The 1990 NOX emissions for the no. 2 glass melting 
furnace at the General Glass--Jeannette plant, located in Westmoreland 
County, Pennsylvania is 508.2 tons per year. Westmoreland County is part 
of the Pittsburgh moderate ozone nonattainment area. The 1990 
NOX emissions for the four kilns (no. 1 through 4) is 11.8 
tons per year. This facility does not contain any other NOX 
emitting units.
    (d) EPA grants full approval to the 1990 VOC emission inventory for 
the Pittsburgh ozone nonattainment area, which was provided by 
Pennsylvania as an element of a March 22, 1996 submittal of the 15 
Percent Rate-of-Progress Plan for the Pittsburgh-Beaver Valley ozone 
nonattainment area. Supplemental 1990 VOC inventory information and 
estimates were submitted by the Secretary of the Department of 
Environmental Protection on February 19, 1997 and on July 22, 1998, as 
formal amendments to the Pittsburgh 15 Percent Plan for Pittsburgh. EPA 
grants full approval to the final 1990 VOC emissions inventory estimates 
contained in Pennsylvania's July 22, 1998 SIP revision (which serves to 
supplement the 1990 VOC inventory information contained in 
Pennsylvania's March 22, 1996 and February 19, 1997 Pittsburgh-Beaver 
Valley 15% plan SIP revisions). The approved plan contains 1990 base 
year point, area, highway, and non-road mobile VOC emissions estimates 
for the 7-county Pittsburgh-Beaver Valley ozone nonattainment area 
(Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and 
Westmoreland Counties).
    (e) EPA approves as a revision to the Pennsylvania State 
Implementation Plan (SIP) the 1990 base year emission inventories for 
the Reading, Pennsylvania area (Berks County) submitted by the Secretary 
of the Environment, on January 28, 1997. This submittal consists of the 
1990 base year point, area, non-road mobile, biogenic and on-road mobile 
source emission inventories in the area for the following pollutants: 
volatile organic compounds (VOC), carbon monoxide (CO), and oxides of 
nitrogen (NOX).
    (f) Sharon Steel Company 1990 VOC and NOX emissions for 
three emission units (Blast Furnace Operations, Basic Oxygen Furnace 
Shop, Blast Furnace Casthouse), submitted June 10, 1996, are approved. 
Sharon Steel Company is located in Mercer County, Pennsylvania, which is 
in a marginal ozone nonattainment area. The 1990 VOC and NOX 
emissions from the Blast Furnace Operations (flame suppression, heaters 
and torpedo cars, flare stack, tuyeres) are 0.4 TPY and 49.3 TPY, 
respectively. The 1990 VOC and NOX emissions from the Basic 
Oxygen Furnace Shop (scrap preheating, ladle preheating and heaters) are 
1.4 TPY and 39.6 TPY, respectively. The 1990 VOC and NOX 
emissions from the Blast Furnace Casthouse are 205.4 TPY and 11.0 TPY, 
respectively.
    (g)-(h) [Reserved]
    (i) The 1990 VOC emission inventory for the Philadelphia ozone 
nonattainment area, submitted on September 12, 1996 by Pennsylvania 
Department of Environmental Protection, is approved, with the exception 
of the revisions to the emission inventory for those sources at United 
States Steel--Fairless that were approved in Sec. 52.2036 (b) on April 
9, 1996.
    (j) EPA is approving Pennsylvania's request that the 1990 emissions 
inventory for VOCs from R.R. Donnelley & Sons--East Plant be corrected 
to accurately reflect the 1990 emissions. The 1990 baseyear VOC 
emissions inventory will be corrected to 864 tons. Justification for the 
change in VOC emissions is described as follows:
    (1) For rotogravure operations, R.R. Donnelley & Sons Company (East 
Plant) initially assumed a 5% retention of solvent in the web, and then 
revised their assumption to 2% based on the amount of solvent actually 
being recovered by the six bed carbon adsorption system. Based on VOC 
emissions data submitted to PADEP for the year

[[Page 658]]

1990, the actual VOC emissions from rotogravure operations was 794.51 
tons. The figures were taken from data submitted to PADEP from the 
facility dated May 6, 1996 (subsequently submitted to EPA from PADEP via 
letter dated December 13, 1996).
    (2) For heatset web offset lithographic operations, boilers, and 
associated solvent cleaning equipment, R.R. Donnelley & Sons Company 
provided data calculating estimates for actual 1990 VOC emissions of 
69.83 tons. The figures were taken from the facility's RACT proposal 
submitted to PADEP dated March 29, 1995.
    (k) Rockwell Heavy Vehicle, Inc., New Castle Forge Plant, Lawrence 
County--On April 8, 1998 the Pennsylvania Department of Environmental 
Protection requested that EPA include the CO, VOC and NOX 
emissions from this facility in the 1990 base year emission inventory. 
The CO, VOC and NOX emissions from the natural gas units and 
the spray booth of this facility are hereby approved as part of the 1990 
point source inventory. The 1990 CO, VOC and NOX emissions 
from the natural gas units are 8.3 TPY, 1.2 TPY and 64.2 TPY, 
respectively. The 1990 VOC emissions from the spray booth is 12.1 TPY.
    (l) EPA approves, as a revision to the Pennsylvania State 
Implementation Plan, the 1990 NOx emission inventory for the 
Philadelphia area, submitted on July 31, 1998 by the Pennsylvania 
Department of Environmental Protection. The submittal consists of 1990 
base year point, area, highway, and non-road mobile NOx emissions 
inventories for the five-county Philadelphia area (Bucks, Chester, 
Delaware, Montgomery, and Philadelphia Counties).
    (m) EPA approves the 1990 NOX base year emission 
inventory for the Pittsburgh-Beaver Valley area, submitted by the 
Pennsylvania Department of Environmental Protection on March 22, 1996 
and supplemented on February 18, 1997.
    (n) EPA approves as a revision to the Pennsylvania SIP the 1990 base 
year CO emissions inventory for Southwestern Pennsylvania, including 
Allegheny, Armstrong, Beaver, Butler, Fayette, Washington and 
Westmoreland counties, submitted by the Secretary of the Pennsylvania 
Department of Environmental Protection on November 12, 1992, and as 
revised on August 17, 2001. This submittal consists of the 1990 base 
year inventory for point, area, off-road, and highway emissions for 
these counties, for the pollutant CO.

[61 FR 2931, Jan. 30, 1996, as amended at 61 FR 15713, Apr. 9, 1996; 61 
FR 24709, May 16, 1996; 61 FR 67232, Dec. 20, 1996; 62 FR 24834, May 7, 
1997; 62 FR 31349, June 9, 1997; 62 FR 38917, July 21, 1997; 64 FR 
18821, Apr. 16, 1999; 64 FR 32425, June 17, 1999; 66 FR 17638, Apr. 3, 
2001; 66 FR 53106, Oct. 19, 2001; 67 FR 68525, Nov. 12, 2002]



Sec. 52.2037  Control strategy plans for attainment and 
rate-of-progress: Ozone.

    (a) Part D--Conditional Approval--the Pennsylvania plan for carbon 
monoxide and ozone is approved provided that the following conditions 
are satisfied:
    (1) Firm commitments to implement the Newton Branch electrification 
are submitted to EPA by December 30, 1980. If firm commitments are not 
submitted, the State must submit substitute measures with equivalent 
reductions by June 30, 1981.
    (b)(1) [Reserved]
    (2) Determination--EPA has determined that, as of July 19, 1995, the 
Reading ozone nonattainment area has attained the ozone standard and 
that the reasonable further progress and attainment demonstration 
requirements of section 182(b)(1) and related requirements of section 
172(c)(9) of the Clean Air Act do not apply to this area for so long as 
the area does not monitor any violations of the ozone standard. If a 
violation of the ozone NAAQS is monitored in the Reading ozone 
nonattainment area, these determinations shall no longer apply.
    (c) VOC and NOX RACT determination for six emission units 
at U.S. Steel--Fairless: no. 3 blast furnace, no. 1 open hearth furnace, 
no. 1 soaking pits, no. 2 soaking pits (units 1-8), no. 2 soaking pits 
(units 9-16), 80 in. hot strip mill. The NOX RACT 
determination for all the soaking pits and the 80 in. hot strip mill is 
low excess air (LEA), which is expected to result in a 13.5% emission 
reduction. NOX RACT for the other sources is determined to

[[Page 659]]

be good operating practices to minimize NOX emissions. VOC 
RACT for all the above sources is determined to be good operating 
practices to minimize VOC emissions.
    (d) NOX RACT determination for the no. 2 glass melting 
furnace and the four kilns at the General Glass--Jeannette plant, which 
manufactured flat glass, is the current operation, consisting of no 
additional controls.
    (e) Sharon Steel Company--VOC and NOX RACT determination 
for three emission units at Sharon Steel Company, not covered by plan 
approval PA 43-017: Blast Furnace Operations (flame suppression, heaters 
and torpedo cars, tuyeres), Basic Oxygen Furnace Shop (scrap preheating, 
ladle preheating and heaters), Blast Furnace Casthouse. NOX 
RACT for the Blast Furnace Operations is determined to be good air 
pollution control practices such that NOX emissions do not 
exceed: 100 pounds of NOX per million cubic feet (lb 
NOX/MMft\3\) of natural gas and 10.69 tons of NOX 
per year (TPY) for flame suppression, heaters, and torpedo cars; and 140 
lb NOX/MMft\3\ of natural gas and 0.6 TPY for tuyeres. VOC 
RACT for the Blast Furnace Operations is determined to be good air 
pollution control practices such that VOC emissions do not exceed: 3.8 
lb VOC/MMft\3\ of natural gas and 0.41 TPY for flame suppression, 
heaters and torpedo cars; and 2.8 lb VOC/MMft\3\ of natural gas and 0.01 
TPY for tuyeres. NOX RACT for the Basic Oxygen Furnace Shop 
is determined to be good air pollution control practices such that 
NOX emissions do not exceed: 100 lb NOX/MMft\3\ of 
natural gas and 1.1 TPY for scrap preheating; and 140 lb NOX/
MMft\3\ of natural gas and 10.8 TPY for ladle preheating and heaters. 
VOC RACT for the Basic Oxygen Furnace Shop is determined to be good air 
pollution control practices such that VOC emissions do not exceed: 3.8 
lb VOC/MMft\3\ of natural gas and 0.04 TPY for scrap preheating; and 2.8 
lb VOC/MMft\3\ of natural gas and 0.22 TPY for ladle preheating and 
heaters. NOX RACT for the Blast Furnace Casthouse is 
determined to be good air pollution control practices such that 
NOX emissions do not exceed 0.03 lb NOX/ton of 
steel processed and 11.0 TPY.
    (f) Pennsylvania Electric Company--Williamsburg Station--VOC and 
NOX RACT determination for three emission units at 
Pennsylvania Electric Company (Penelec)--Williamsburg Station: unit 
1 boiler, auxiliary boiler, fugitive VOC sources. 
NOX and VOC RACT for the unit 11 boiler is 
determined to be good air pollution control practices such that 
emissions limits shall be 21.7 pounds of NOX per ton of coal 
fired (lb/ton) and 0.1459 lb/MMBtu of No. 2 oil fired with annual fuel 
usage records, and no more than 867 tons per year (TPY) of 
NOX and 3 TPY of VOC. NOX and VOC RACT for the 
auxiliary boiler is determined to be the requirements of 25 Pa Code 
129.93 (c)(1), pertaining to units with individual rated gross heat 
inputs less than 20 million British thermal units per hour (MMBtu/hr) of 
operation maintenance and operation in accordance with manufacturer's 
specifications, and the units are operated using good air pollution 
control practices.
    (g) Caparo Steel Company--VOC and NOX RACT determination 
for four emission units at Caparo Steel Company, not covered by 
operating permit OP 43-285: Package boilers, BW boiler 1, BW 
boiler 2, and BW boiler 3. NOX RACT for the 
package boilers is determined to be good air pollution control practices 
such that NOX emissions do not exceed 550 pounds of 
NOX per million cubic feet (lb NOX/MMft\3\) of 
natural gas and 529.82 tons of NOX per year (TPY). VOC RACT 
for the package boilers is determined to be good air pollution control 
practices such that VOC emissions do not exceed 1.4 lb VOC/MMft\3\ of 
natural gas and 1.35 TPY. NOX RACT for each of the BW boilers 
is determined to be good air pollution control practices such that 
NOX emissions do not exceed 23 lb NOX/MMft\3\ of 
BFG and 80.1 TPY.
    (h) VOC RACT determination for four emission units at Mercersburg 
Tanning Company--Franklin County: Spray Lines 3 thru 7, Attic Line, 
Spray Lines A and B, Spray Line C. The VOC RACT determination is as 
follows: for Spray Lines 3 thru 7; all work transferred to Spray Lines A 
and B, for Attic Line; all work transferred to Spray Line C, for Spray 
Lines A and B; vented to a Regenerative Thermal Oxidizer (RTO)

[[Page 660]]

with required 100% capture efficiency and 97% destruction efficiency, 
for Spray Line C; coating restrictions of 3.5 lb VOC/gal (less water) on 
base coats and 2.8 lb VOC/gal (less water) on intermediate coats. VOC 
RACT for cleaning solvents associated with Lines A and B vented to RTO 
and water utilized as cleaning solvent for Line C.
    (i)(1) EPA approves the Commonwealth of Pennsylvania's Post 1996 
(ROP) plan SIP revision for milestone years 1999, 2002, and 2005 for the 
Pennsylvania portion of the Philadelphia-Wilmington-Trenton severe ozone 
nonattainment area. These revisions were submitted by the Pennsylvania 
Department of Environmental Protection on April 30, 1998, July 31, 1998 
and supplemented on February 25, 2000.
    (2) EPA approves revisions to the Pennsylvania State Implementation 
Plan, submitted by the Secretary of the Pennsylvania Department of the 
Environmental Protection on February 23, 2004. These revisions amend 
Pennsylvania's rate-of-progress (ROP) plan for year 2005 for its 
Pennsylvania portion of the Philadelphia-Wilmington-Trenton 1-hour ozone 
nonattainment area. These revisions update the 2005 ROP plan's 1990 and 
2005 motor vehicle emissions inventories and motor vehicle emissions 
budgets to reflect the use of the MOBILE6 emissions model, and establish 
revised motor vehicle emissions budgets of 79.69 tons per day (tpd) of 
volatile organic compounds and 144.73 tpd of nitrogen oxides.
    (j) EPA approves the one hour ozone attainment demonstration SIP for 
the Philadelphia-Wilmington-Trenton area submitted by the Pennsylvania 
Department of Environmental Protection on April 30, 1998, August 21, 
1998, February 25, 2000 and July 19, 2001 including its RACM analysis 
and determination. EPA is approving the enforceable commitments made to 
the attainment plan for the Philadelphia-Wilmington-Trenton severe ozone 
nonattainment area submitted by the Pennsylvania Department of 
Environmental Protection on July 31, 1998, February 25, 2000 and July 
19, 2001. The enforceable commitments are to:
    (1) Submit measures by October 31, 2001 for additional emission 
reductions as required in the attainment demonstration test, and to 
revise the SIP and motor vehicle emissions budgets by October 31, 2001 
if the additional measures affect the motor vehicle emissions inventory,
    (2) [Reserved]
    (3) Perform a mid-course review by December 31, 2003.
    (k) EPA approves the following mobile budgets of the post-1996 rate 
of progress plans and the 2005 attainment plan:

                           Transportation Conformity Budgets for the Philadelphia Area
----------------------------------------------------------------------------------------------------------------
                                                             VOC        NOX      Date of adequacy determination
        Type of control strategy  SIP             Year      (tpd)      (tpd)          or SIP  approval date
----------------------------------------------------------------------------------------------------------------
Post-1996 ROP Plan...........................       1999       88.6      109.6  June 23, 2000 (65 FR 36438, June
                                                                                 8, 2000).
Post-1996 ROP Plan...........................       2002      69.52      93.13  June 23, 2000 (65 FR 36438, June
                                                                                 8, 2000).
Post-1996 ROP Plan...........................       2005      79.69     144.73  June 21, 2004 (May 21, 2004, 69
                                                                                 FR 29240).
Attainment Demonstration.....................       2005      79.69     144.73  June 12, 2003 (68 FR 31700, May
                                                                                 28, 2003).
----------------------------------------------------------------------------------------------------------------

    (1)-(2) [Reserved]
    (l) EPA approves the Commonwealth of Pennsylvania's revised 1990 and 
the 2005 VOC and NOX highway mobile emissions inventories and 
the 2005 motor vehicle emissions budgets for the 1-hour ozone attainment 
SIP for the Philadelphia-Wilmington-Trenton severe ozone nonattainment 
area. These revisions were submitted by the Pennsylvania Department of 
Environmental Protection on January 17, 2003. Submission of these 
revised MOBILE6-based motor vehicle emissions inventories was a 
requirement of EPA's approval of the attainment demonstration under 
paragraph (j) of this section.
    (m) Determination--EPA has determined that, as of July 27, 2007, the 
Franklin County ozone nonattainment

[[Page 661]]

area has attained the 1-hour ozone standard and that the following 
requirements of section 172(c)(2) of the Clean Air Act do not apply to 
this area for so long as the area does not monitor any violations of the 
1-hour ozone standard of 40 CFR 50.9: the attainment demonstration and 
reasonably available control measure requirements of section 172(b)(1), 
the reasonable further progress requirement of section 172(b)(2), and 
the related contingency requirements of section 172(c)(9). If a 
violation of the 1-hour ozone NAAQS is monitored in the Franklin County 
1-hour ozone nonattainment area, these determinations shall no longer 
apply.
    (n) Based upon EPA's review of the air quality data for the 3-year 
period 2003 to 2005, EPA has determined that the Philadelphia-
Wilmington-Trenton severe 1-hour ozone nonattainment area attained the 
1-hour ozone NAAQS by the applicable attainment date of November 15, 
2005. EPA also has determined that the Philadelphia-Wilmington-Trenton 
severe 1-hour ozone nonattainment area is not subject to the imposition 
of the section 185 penalty fees.

[46 FR 17553, Mar. 19, 1981]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2037, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.2038  Rate of Progress Plans: Ozone.

    (a) EPA grants full approval to Pennsylvania's 15 Percent Rate of 
Progress Plan for the Pittsburgh-Beaver Valley ozone nonattainment area, 
submitted by the Secretary of the Pennsylvania Department of 
Environmental Protection on March 22, 1996, as formally revised on 
February 18, 1997 and on July 22, 1998.
    (b) EPA grants full approval to the 15 Percent Rate of Progress Plan 
for Pennsylvania's portion of the Philadelphia-Wilmington-Trenton ozone 
nonattainment area. The area that is the subject of this action 
encompasses Bucks, Chester, Delaware, Philadelphia, and Montgomery 
Counties. The plan was formally submitted to EPA by the Secretary of the 
Pennsylvania Department of Environmental Protection on September 12, 
1996, and was formally revised on April 10, 1997 and June 5, 1998.

[66 FR 17638, Apr. 3, 2001, as amended at 66 FR 44548, Aug. 24, 2001]



Sec. 52.2039  [Reserved]



Sec. 52.2040  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the 
State of Pennsylvania and for which requirements are set forth under the 
Federal CAIR NOX Annual Trading Program in subparts AA 
through II of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the Pennsylvania State 
Implementation Plan (SIP) as meeting the requirements of CAIR for 
PM2.5 relating to NOX under Sec. 51.123 of this 
chapter, except to the extent the Administrator's approval is partial or 
conditional or unless such approval is under Sec. 51.123(p) of this 
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX allowances to 
sources in the State for any years, the provisions of part 97 of this 
chapter authorizing the Administrator to complete the allocation of CAIR 
NOX allowances for those years shall continue to apply, 
unless the Administrator approves a SIP provision that provides for the 
allocation of the remaining CAIR NOX allowances for those 
years.
    (b)(1) The owner and operator of each NOX source located 
within the State of Pennsylvania and for which requirements are set 
forth under the Federal CAIR NOX Ozone Season Trading Program 
in subparts AAAA through IIII of part 97 of this chapter must comply 
with such applicable requirements. The obligation to comply with these 
requirements in part 97 of this chapter will be eliminated by the 
promulgation of an approval by the Administrator of a revision to the 
Pennsylvania State

[[Page 662]]

Implementation Plan (SIP) as meeting the requirements of CAIR for ozone 
relating to NOX under Sec. 51.123 of this chapter, except to 
the extent the Administrator's approval is partial or conditional or 
unless such approval is under Sec. 51.123(ee) of this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX Ozone Season 
allowances to sources in the State for any years, the provisions of part 
97 of this chapter authorizing the Administrator to complete the 
allocation of CAIR NOX Ozone Season allowances for those 
years shall continue to apply, unless the Administrator approves a SIP 
provision that provides for the allocation of the remaining CAIR 
NOX Ozone Season allowances for those years.

[72 FR 62353, Nov. 2, 2007]



Sec. 52.2041  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within 
the State of Pennsylvania and for which requirements are set forth under 
the Federal CAIR SO2 Trading Program in subparts AAA through 
III of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the Pennsylvania State 
Implementation Plan as meeting the requirements of CAIR for PM2.5 
relating to SO2 under Sec. 51.124 of this chapter, except to 
the extent the Administrator's approval is partial or conditional or 
unless such approval is under Sec. 51.124(r) of this chapter.

[72 FR 62354, Nov. 2, 2007]



Sec. Sec. 52.2042-52.2053  [Reserved]



Sec. 52.2054  Control of asphalt paving material.

    (a) Notwithstanding any provisions to the contrary in the 
Pennsylvania Implementation Plan, the Pennsylvania Department of 
Transportation shall restrict the annual usage of asphalts to the limits 
listed below in the following sixteen county area of Pennsylvania: 
Allegheny, Armstrong, Beaver, Butler, Cambria, Clarion, Fayette, Green, 
Indiana, Jefferson, Lawrence, Mercer, Somerset, Venango, Washington, and 
Westmoreland Counties:
    (1) No more than twenty percent of the total amount of liquid 
bituminous asphalt paving material used shall be cutback asphalt; and
    (2) No more than 2,615,000 gallons of cutback asphalts shall be 
used, of which no more than 1,400,000 gallons may be used for dust 
palliative work on roadways and shoulders; and
    (3) No more than 2,500,000 gallons total of emulsion Class E-4 and 
Class E-5 shall be used unless an equivalent reduction in the use of 
cutbacks is made to balance the additional hydrocarbon emissions from 
emulsions.
    (b) The Pennsylvania Department of Transportation is required to 
submit to the Pennsylvania Department of Environmental Resources, on a 
quarterly basis, reports which list for each of the affected counties 
the number of gallons of each class of asphalt used. The first quarterly 
reports will be submitted in October 1977 for the period between July 1, 
1977, and September 30, 1977. Copies of all reports will also be 
forwarded to Region III, EPA.

[42 FR 54417, Oct. 6, 1977]



Sec. 52.2055  Review of new sources and modifications.

    (a) Special permit requirement regulations are approved.
    (b) [Reserved]

[39 FR 7283, Feb. 25, 1974, as amended at 46 FR 17554, Mar. 19, 1981; 46 
FR 51742, Oct. 22, 1981; 47 FR 8359, Feb. 26, 1982; 60 FR 33924, June 
29, 1995]



Sec. 52.2056  [Reserved]



Sec. 52.2057  Requirements for state implementation plan revisions 
relating to new motor vehicles.

    Pennsylvania must comply with the requirements of Sec. 51.120.

[60 FR 4738, Jan. 24, 1995]



Sec. 52.2058  Prevention of significant air quality deterioration.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are

[[Page 663]]

met by the regulations (25 PA Code Sec. 127.81 through 127.83) adopted 
by the Pennsylvania Environmental Resources on October 28, 1983. All PSD 
permit applications and requests for modifications thereto should be 
submitted to: Pennsylvania Department of Environmental Resources, Bureau 
of Air Quality Control, 200 North Third Street, Harrisburg, PA 17120, 
ATTN: Abatement and Compliance Division.

[49 FR 33128, Aug. 21, 1984]



Sec. 52.2059  Control strategy: Particulate matter.

    (a) Pennsylvania has committed to undertake a comprehensive program 
to investigate non-traditional sources, industrial process fugitive 
particulate emissions, alternative control measures, and to develop and 
implement an effective control program to attain the primary and 
secondary NAAQS for particulates. The schedule for this study is as 
follows:

  Schedule for Investigating and Controlling Nontraditional Particulate
                            Matter Emissions
------------------------------------------------------------------------
                   Task                            Completion date
------------------------------------------------------------------------
Scheduled tasks:
  1. Quantify nontraditional sources......  June 1, 1980.
  2. Investigate control techniques.......  Apr. 1, 1982.
  3. Investigate source-receptor            June 1, 1980.
   relationship.
Analysis and control strategy development:
  1. Analyze Nonattainment Areas..........  July 1, 1981.
  2. Develop Control Strategies...........  Jan. 1, 1982.
  3. Develop, Adopt, Submit SIP...........  July 1, 1982.
  4. Implement SIP........................  Begin--7/1/82.
------------------------------------------------------------------------

    (b) EPA approves the PM-10 attainment demonstration for the Liberty 
Borough Area of Allegheny County submitted by the Pennsylvania 
Department of Environmental Protection on January 6, 1994.
    (c) Determination of Attainment. EPA has determined, as of August 
25, 2008, the Harrisburg-Lebanon-Carlisle, Pennsylvania nonattainment 
area for the 1997 PM2.5 NAAQS has attained the 1997 
PM2.5 NAAQS. This determination, in accordance with 40 CFR 
52.1004(c), suspends the requirements for this area to submit an 
attainment demonstration and associated reasonably available measures, a 
reasonable further progress plan, contingency measures, and other 
planning SIPs related to attainment of the standard for as long as the 
area continues to attain the 1997 PM2.5 NAAQS.

[45 FR 33628, May 20, 1980, as amended at 63 FR 47436, Sept. 8, 1998; 73 
FR 49950, Aug. 25, 2008]



Sec. 52.2060  Small Business Assistance Program.

    On February 1, 1993, the Secretary of the Pennsylvania Department of 
Environmental Resources submitted a plan for the establishment and 
implementation of the Small Business Assistance Program as a state 
implementation plan (SIP) revision, as required by Title V of the Clean 
Air Act Amendments. EPA approved the Small Business Assistance Program 
on March 6, 1995, and made it part of the Pennsylvania SIP. As with all 
components of the SIP, Pennsylvania must implement the program as 
submitted and approved by EPA.

[60 FR 1741, Jan. 5, 1995]



Sec. 52.2061  Operating permits.

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

[[Page 664]]

operating permit program requirements or the requirements of EPA's 
underlying regulations.

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



Sec. 52.2062  Plan approvals.

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

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



Sec. 52.2063  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the Commonwealth of Pennsylvania'' and all revisions submitted by 
Pennsylvania that were federally approved prior to February 10, 2005.
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Regulations 121, 123, 127, 129, 131, 135, 137, 139, and 141 of 
the Pennsylvania Code of Regulations submitted March 17, 1972, by the 
Pennsylvania Department of Environmental Resources.
    (2) Air Quality Data for three additional months regarding Reading 
Air Basin SO2 strategy submitted March 27, 1972, by the 
Pennsylvania Department of Environmental Resources.
    (3) Miscellaneous non-regulatory additions and clarifications to the 
plan submitted on May 4, 1972, by the Pennsylvania Department of 
Environmental Resources.
    (4) ``An Implementation Plan for the Attainment and Maintenance of 
the National Ambient Air Quality Standards for Allegheny County, 
Commonwealth of Pennsylvania, 1980'', and Article XX (which replaces 
Article XVIII), which were submitted on December 24, 1980.
    (5) Non-regulatory additions to plan regarding Allegheny County 
Source Surveillance regulations submitted on June 20, 1972, by the 
Pennsylvania Department of Environmental Resources.
    (6) Miscellaneous non-regulatory additions to the plan submitted 
August 14, 1972, by the Pennsylvania Department of Environmental 
Resources.
    (7) Revision to Philadelphia Air Management Services regulations 
submitted November 3, 1972, by the Governor.
    (8) Revision to compliance schedules for Clairton Coke Works in 
Allegheny County submitted December 14, 1972, by the Governor.
    (9) Transportation Control Plan for Southwest Pennsylvania and 
Metropolitan Philadelphia AQCR's submitted April 13, 1973, by the 
Governor.
    (10) [Reserved]
    (11) Amendments to Philadelphia Air Management Services regulation 
number 3 submitted April 15, 1974, by the Governor.
    (12) Amendments to Philadelphia Air Management Services regulations 
numbers 1, 2 and 11 submitted May 28, 1974, by the Governor.
    (13) Process factor for glass production furnaces submitted on 
December 26, 1974, by the Pennsylvania Department of Environmental 
Resources.
    (14) Amendments to Chapters 123 (section 123.24) and 139 (section 
139.13), controlling zinc smelter operations; submitted on August 7, 
1975 by the Pennsylvania Department of Environmental Resources.
    (15) A revision submitted by the Commonwealth of Pennsylvania on 
August

[[Page 665]]

11, 1976 amending Title 3 of the Philadelphia Code, Subsection 3-103, 
Enforcement; Subsection 3-301, Powers and Duties of the Department of 
Public Health; and Subsection 3-305 Orders.
    (16) Revisions submitted by the Commonwealth of Pennsylvania on 
December 11, 1972 amending regulations for the powers and duties of the 
Department of Environmental Resources, the Environmental Quality Board 
and the Environmental Hearing Board.
    (17) Amendment to Article XVIII, Rules and Regulations of the 
Allegheny County Health Department, Sections 1800 (Definitions) and 1813 
(Air Pollution Emergency Episode Regulations). These amendments were 
submitted on May 15, 1978 by the Department of Environmental Resources.
    (18) Amendments to Title 3, Section 3-207 (Sale of Fuel Oil) of the 
Philadelphia Code pertaining to Philadelphia County and to Title 25, 
Part I, Subpart C, Article III, Chapter 121 (Definitions) and Chapter 
123 (Standards for Contaminants, Sulfur Compound Emissions) of the 
Pennsylvania Code pertaining to Bucks, Chester, Delaware, and Montgomery 
Counties submitted on July 31, 1978 by the Governor.
    (19) Amendments to Chapters 121 (Sec. 121.1), 123 (Sec. Sec. 
123.1, 123.13, 123.44), 127 (Sec. Sec. 127.41 through 127.52, 
inclusive), 129 (Sec. Sec. 129.15 and 129.16), and 139 (Sec. Sec. 
139.51, 139.52, 139.53 and 139.61), dealing with the control of coke 
oven battery operations; submitted on June 30, 1978 by the Pennsylvania 
Department of Environmental Resources.
    (20) Amendments to Chapters 121 (Sec. 121.1), 123 (Sec. Sec. 
123.22(b) and 123.45), and 139 (Sec. Sec. 139.3, 139.4, 139.13, 139.16, 
139.101, 139.102, 139.103, 139.104 and 139.105), dealing with sulfur 
dioxide emissions from fuel-burning installations, only as they apply to 
sources in the Erie air basin; submitted on April 24, 1979 by Governor 
Thornburgh.
    (21) A revision submitted by the Commonwealth of Pennsylvania on 
September 20, 1978 to clarify terms and intent of Chapter 121 (relating 
to general provisions), Chapter 123 (relating to standards for 
contaminants) and Chapter 129 (relating to standards for sources).
    (22) The ``1979 State Implementation Plan (SIP) Submission for the 
Attainment of the Photochemical Oxidant Standard in Pennsylvania'' and 
``Regulations for Volatile Organic Compounds'' amending Chapters 121, 
129, and 139 of the Pennsylvania Code submitted on April 24, 1979, by 
the Governor.
    (23) Transportation elements of the SIP for Philadelphia, 
Pittsburgh, Allentown-Bethlehem-Easton, and Scranton areas and 
commitment to implement vehicle inspection and maintenance in Lehigh and 
Northampton Counties submitted on June 7, 1979, by the Governor.
    (24) Transportation element of the SIP for the Wilkes-Barre area 
submitted on June 8, 1979, by the Secretary of the Pennsylvania 
Department of Environmental Resources.
    (25) Total Suspended Particulate, State Implementation Plan for 
Pennsylvania, submitted on June 12, 1979, by the Secretary of the 
Pennsylvania Department of Environmental Resources.
    (26) Special Permit Requirements for Sources Locating in or 
Significantly Impacting Nonattainment Areas and a revision of Sampling 
and Testing methods for total suspended particulate amending Chapters 
121, 127, and 139 of the Pennsylvania Code submitted on June 12, 1979, 
by the Secretary of the Pennsylvania Department of Environmental 
Resources.
    (27) Transportation element for the Harrisburg area submitted on 
June 13, 1979, by the Secretary of the Pennsylvania Department of 
Environmental Resources.
    (28) Allegheny County Volatile Organic Compound Regulations amending 
Chapters I, II, and V of Allegheny County Regulations submitted on June 
13, 1979, by the Secretary of the Pennsylvania Department of 
Environmental Resources.
    (29) Documentation of the status of transportation/air quality 
measures in a letter of August 20, 1979 from the Lackawanna County 
Planning Commission.
    (30) Information from the Southwestern Pennsylvania Regional 
Planning Commission of September 17, 1979 on the calculation of emission 
estimates and the status of certain transportation measures.

[[Page 666]]

    (31) Reclassification of several transportation measures in the 
transportation/air quality study for the Allentown-Bethlehem-Easton 
area, submitted by the Commonwealth on November 19, 1979.
    (32) Substantiation of TSP planning and attainment schedules 
submitted by the Commonwealth on November 28, 1979.
    (33) A revision submitted by the Commonwealth of Pennsylvania on 
August 11, 1976 consisting of an amendment to the Pennsylvania Air 
Resources Regulations, Chapter 129, Standards for Sources, which relates 
to open burning.
    (34) A revision was submitted by the Commonwealth of Pennsylvania on 
January 25, 1980, which is intended to establish an Ambient Air Quality 
Monitoring Network for the Commonwealth of Pennsylvania and the City of 
Philadelphia.
    (35) Amendments to the Pennsylvania Air Resources Regulations, 
consisting of the addition of regulations for alternative emission 
reduction limitations (Sections 128.11 through 128.13 for Andre 
Greenhouses, Inc., and Section 128.14 for the 3M Co.), submitted on 
April 16, 1981.
    (36) A revision submitted by the Commonwealth of Pennyslvania on 
April 9, 1981 providing for attainment of the SO2 NAAQS in 
portions of Armstrong County, Pennsylvania.
    (37) A revision submitted by the Commonwealth of Pennsylvania on 
June 5, 1980, consisting of amendments to Philadelphia's Air Management 
Regulations II and III, allowing a limiting resumption of industrial 
coal burning.
    (38) A revision submitted by the Commonwealth of Pennsylvania on 
December 24, 1980 which is intended to establish an Ambient Air Quality 
Monitoring Network for Allegheny County.
    (39) Amendments consisting of minor regulatory changes to Article 
III of the Pennsylvania Rules and Regulations for Air Resources 
governing Volatile Organic Compounds (VOC) emissions was submitted by 
the Commonwealth of Pennsylvania on December 16, 1980.
    (40) A revision submitted by the Commonwealth of Pennsylvania on 
November 10, 1980 dividing the Beaver Valley Air Basin into an Upper 
Beaver Valley Air Basin and Lower Beaver Valley Air Basin and revising 
chapters 121 and 123.
    (41) Revisions submitted by the Commonwealth of Pennsylvania on 
April 13, 1981, July 13, 1981 and August 17, 1981 to correct the 
conditionally approved and unapproved portions of Pennsylvania 1979 
State Implementation Plan.
    (42) A document entitled ``Attainment Demonstration for Total 
Suspended Particulate in Nonattainment Area 3, Based Upon 
Alternate Emission Reduction Plan for Shenango, Inc.'' in Allegheny 
County, including the new section 902 of Article XX, submitted by the 
Commonwealth of Pennsylvania on May 18, 1981.
    (43) Amendments to Air Management Regulations II and III, with 
supporting documents, submitted by Governor Dick Thornburgh on December 
8, 1981, allowing the continued burning of anthracite coal in existing 
space heating units currently burning coal.
    (44) [Reserved]
    (45) Revisions submitted to the Commonwealth of Pennsylvania on 
February 23, 1982 to correct the conditionally-approved portions of the 
1979 State Implementation Plan, specifically the two asphalt regulations 
in Allegheny County.
    (46) A revision submitted by the Acting Secretary of the 
Pennsylvania Department of Environmental Resources on December 9, 1981, 
which would add an expanded ridesharing program in the Delaware Valley.
    (47) Revisions submitted on July 27, 1981, August 12, 1981, and 
September 15, 1981, by the Pennsylvania Department of Environmental 
Resources (DER), which will limit the automobile emission Inspection and 
Maintenance Program to the urbanized areas of the Pittsburgh and 
Allentown-Bethlehem-Easton regions.
    (48) Volatile Organic Compound (VOC) regulations, a generic VOC 
bubble regulation, Continuous Emission Monitoring (CEM) regulations and 
procedures, and Alternative Opacity Limit regulations submitted by 
Pennsylvania to EPA on July 13, 1981, August 17, 1981, August 26, 1981, 
and September 4, 1981.
    (49) Group IIVOC regulations, a revision of the Air Episode 
Regulations,

[[Page 667]]

and an increase in Permit Fees, for Allegheny County, Pa. These 
revisions were submitted by Secretary Peter S. Duncan on February 23, 
1982.
    (50) Regulations and supporting documents implementing an 
SO2 bubble plan for the U.S. Steel Homestead and Edgar 
Thomson Works in Allegheny County, PA. submitted by DER Secretary Peter 
S. Duncan on September 16, 1982.
    (51) Regulations and supporting documents implementing a TSP bubble 
plan for U.S. Steel Corporation's Fairless Works in Fairless Hills, PA., 
submitted by the Secretary of the Pennsylvania Department of 
Environmental Resources on January 6, 1983.
    (52) Regulations and supporting documents implementing a TSP bubble 
plan for Bethlehem Steel Corporation's plant in Bethlehem, Pa., 
submitted by the Secretary of the Pennsylvania Department of 
Environmental Resources on December 30, 1982.
    (53) Pennsylvania submittal dated September 23, 1982 deleting more 
stringent sulfur in residual oil requirements for the Upper Beaver 
Valley Air Basin which would have become effective August 1, 1982 and 
adding provisions for public notification of air quality levels.
    (54) Revisions submitted by the Commonwealth of Pennsylvania on June 
8, 1982 consisting of alternative emission reduction plans for Scott 
Paper Company in Chester, PA, Arbogast and Bastian, Inc., in Allentown, 
PA, and J. H. Thompson, Inc., in Kennett Square, PA.
    (55) Regulations and supporting documents implementing an 
SO2 bubble plan for U.S. Steel Corporation's Fairless Works 
in Fairless Hills, PA was submitted by the Secretary of the Pennsylvania 
Department of Environmental Resources on July 7, 1983.
    (56) A State Implementation Plan for the control of lead (Pb) 
emissions submitted on September 30, 1982 by the Secretary of 
Environmental Resources.
    (57) A revision submitted by the Commonwealth of Pennsylvania on 
July 28, 1983, and clarified by letters dated October 28, 1983, February 
7, 1984 and June 15, 1984 enables the Commonwealth of Pennsylvania to 
implement and enforce the prevention of significant deterioration (PSD) 
regulations.
    (58) Revision to Article XX of the Allegheny County SIP were 
submitted by the Secretary of the Pennsylvania Department of 
Environmental Resources on September 6, 1983.
    (59) A State Implementation Plan for the control of lead (Pb) 
emissions in Allegheny County was submitted on September 6, 1983 by the 
Secretary of Environmental Resources.
    (60) Amendments consisting of minor regulatory changes to Article 
III of the Air Resources Regulations that amend Chapters 121, 123, 127, 
129, 131, 139, and 141 was submitted by the Commonwealth of Pennsylvania 
on September 23, 1983.
    (61) A State Implementation Plan for the control of lead (Pb) 
emissions in Philadelphia was submitted on August 29, 1983 and May 15, 
1984 by the Secretary of the Pennsylvania Department of Environmental 
Resources.
    (62) A State Implementation Plan for the control of Lead (Pb) 
emissions in Pennsylvania was submitted on June 8, 1984 by the Secretary 
of the Pennsylvania Department of Environmental Resources.
    (63) The 1982 Ozone and Carbon Monoxide plan, except for the 
Inspection and Maintenance portion and the Perchloroethylene Dry 
Cleaning regulation, for the Southeastern, Southwestern, and Allentown-
Bethlehem-Easton areas submitted by the Commonwealth on June 30, 1982 
and October 24, 1983.
    (64) [Reserved]
    (65) An amendment to Philadelphia Air Management's Regulation VII, 
submitted by the Secretary of the Pennsylvania Department of 
Environmental Resources on March 28, 1986. The amendment exempts fuel 
burning units installed before June 1, 1984, from the provisions of 
Regulation VII (Control of Emissions of Nitrogen Oxides from Stationary 
Sources).
    (i) Incorporation by reference.
    (A) Air Management Regulation VII, Control of Emission of Nitrogen 
Oxides from Stationary Sources, adopted on April 9, 1985.
    (66) A revision to the Pennsylvania State Implementation Plan 
adopting a Motor Vehicle Emissions Inspection and Maintenance Program 
submitted by the Secretary of the Pennsylvania

[[Page 668]]

Department of Environmental Resources on June 24, 1985 and an amendment 
submitted March 13, 1986 by the Chief, Division of Air Resource 
Management, Bureau of Air Quality Control, Pennsylvania Department of 
Environmental Resources.
    (i) Incorporation by reference.
    (A) Title 75, sections 4703 (a) and (h) and 4706 of the Purdon's 
Pennsylvania Consolidated Statutes Annotated and Title 67, Pennsylvania 
Code sections 175.41, 177.21, 177.31, 177.32, 177.35, 177.39 and 177.61.
    (B) Bureau of Air Quality Control, Department of Environmental 
Resources, State Implementation Plan, Revision for Ozone for I/M, dated 
June 17, 1985 and the letter to EPA, dated March 13, 1986.
    (67) Amendment to section 512.G. Extensions, of Article XX, Rules 
and Regulations of the Allegheny County Health Department providing 
authority to grant compliance date extensions for surface coating and 
graphic arts sources, submitted by DER Secretary Nicholas DeBenedictis 
on August 13, 1985.
    (i) Incorporation by reference.
    (A) Letter of August 13, 1985 to EPA from the Pennsylvania 
Department of Environmental Resources, and Appendix 22, Amendment to 
section 512.G., Allegheny County portion of the Pennsylvania State 
Implementation Plan (extension of final air pollution compliance dates 
for surface coating and graphic arts) adopted by the Board of County 
Commissioners of June 27, 1985.
    (68) Revision to the Pennsylvania State Implementation Plan dated 
February 13, 1985, which implements two VOC offset transactions between 
Paramount Packaging Corporation and National Can Corporation and between 
Fres-co Systems USA, and National Can Corporation.
    (i) Incorporation by reference.
    (A) Pennsylvania Department of Environmental Resources, Order for 
the External Transfer of Banked Emissions 85-524, signed on 
March 1, 1985.
    (B) Pennsylvania Department of Environmental Resources, Order for 
the External Transfer of Banked Emissions 85-525, signed on 
March 1, 1985.
    (C) Letter dated August 21, 1985, from the Department of 
Environmental Resources to the National Can Corporation.
    (ii) Additional material.
    (A) Narrative submittal dated February 13, 1985, from the Department 
of Environmental Resources to EPA.
    (B) Letter dated April 25, 1986, from the Department of 
Environmental Resources to EPA.
    (69) Revision to the Allegheny County portion of the Pennsylvania 
State Implementation Plan was submitted by the Commonwealth on February 
3, 1987.
    (i) Incorporation by reference.
    (A) Amendment to the Allegheny County portion of the Pennsylvania 
SIP for Air Pollution Control, Appendix 23, section 533, Abrasive 
Blasting, approved on October 9, 1986.
    (B) Letter dated February 3, 1987, from the Commonwealth of 
Pennsylvania to EPA.
    (70) Revisions to the Philadelphia Regulations incorporating stack 
height regulations, submitted by Pennsylvania on June 2, 1986.
    (i) Incorporation by reference. (A) Amendment to Philadelphia, 
Pennsylvania, Air Management Regulation I, Section XI, ``Compliance with 
Federal Regulations'', effective on March 27, 1986.
    (71) The permit incorporating polymer resin processes RACT 
requirements for ARCO's Monaca plant, submitted by acting DER Secretary 
John Krill on January 14, 1987.
    (i) Incorporation by reference.
    (A) The entire permit (No. 04-313-052) and plan approval; issued and 
effective December 9, 1986.
    (72) The permit incorporating SOCMI air oxidation RACT requirements 
for IMC's Allentown plant, submitted by acting DER Secretary John Krill 
on January 14, 1987.
    (i) Incorporation by reference.
    (A) The entire permit (No. 39-313-014) and plan approval; issued and 
effective December 10, 1986.
    (73) Good engineering practice stack height regulations were 
submitted by the Secretary, Pennsylvania Department of Environmental 
Resources on July 19, 1988.
    (i) Incorporation by reference.
    (A) Letter from the Pennsylvania Department of Environmental 
Resources

[[Page 669]]

dated July 19, 1988, submitting a revision to the Pennsylvania State 
Implementation Plan.
    (B) Amendments to Pennsylvania regulations, title 25, part I, 
subpart C, article III; chapters 121 (definitions) and 141 (variances 
and alternate standards) adopted May 14, 1988.
    (ii) Additional materials.
    (A) Remainder of the State submittal including the letter of 
commitment dated March 11, 1986, from the Department of Environmental 
Protection stating that new source review shall be conducted in 
accordance with the good engineering practice requirements of 40 CFR 
part 51.
    (74) Revisions to the State Implementation Plan submitted by the 
Pennsylvania Department of Environmental Resources on January 11, 1991.
    (i) Incorporation by reference. (A) Letter from the Pennsylvania 
Department of Environmental Resources dated January 11, 1991 submitting 
a revision to the Pennsylvania State Implementation Plan.
    (B) Amendment to 25 Pa. Code Chapter 123.51 ``Monitoring 
Requirements'', concerning continuous nitrogen oxides monitoring, 
effective October 20, 1990.
    (ii) Additional materials. (A) Remainder of the State Implementation 
Plan revision request submitted by the Pennsylvania Department of 
Environmental Resources on January 11, 1991.
    (75) Revisions to the State Implementation Plan submitted by the 
Pennsylvania Department of Environmental Resources on January 8, 1991.
    (i) Incorporation by reference. (A) Letter from the Pennsylvania 
Department of Environmental Resources dated January 8, 1991 submitting a 
revision to the Pennsylvania State Implementation Plan.
    (B) Revisions to Pennsylvania Department of Environmental Resources' 
Air Quality Regulations, Sec. 137.3, subsections (2), (3), (4), and 
introductory paragraph, effective June 9, 1990.
    (ii) Additional materials. (A) Remainder of State submittal, dated 
January 8, 1991.
    (76) Revisions to the State Implementation Plan (SIP) submitted by 
the Pennsylvania Department of Environmental Resources (PADER) on 
January 11, 1991.
    (i) Incorporation by reference.
    (A) A letter from PADER dated January 11, 1991 submitting a revision 
to the Pennsylvania SIP.
    (B) Title 25 PA. Code, Chapter 121, Section 121.1--Definition of 
VOC.
    (77) Revision to the State Implementation Plan submitted by the 
Pennsylvania Department of Environmental Resources on February 23, 1987, 
at the request of Philadelphia Air Management Services.
    (i) Incorporation by reference.
    (A) Letter from the Pennsylvania Department of Environmental 
Resources dated February 23, 1987, submitting a revision to the 
Philadelphia portion of the Pennsylvania Ozone State Implementation 
Plan.
    (B) Regulation V, Section I, ``Definitions'' for the terms Petroleum 
Solvents and Petroleum Solvent Dry Cleaning; and Section XI, ``Petroleum 
Solvent Dry Cleaning'' effective November 28, 1986.
    (C) Compliance Guidelines, for Air Management Regulation V, 
``Control of Emission of Organic Substances from Stationary Sources,'' 
Section XI: Petroleum Solvent Dry Cleaning'' effective November 28, 1986 
(containing amendments and revisions through February 29, 1988).
    (78) Revisions to the State Implementation Plan submitted by the 
Pennsylvania Department of Environmental Resources on September 9, 1991. 
The effective date of the regulation submitted is May 23, 1988.
    (i) Incorporation by reference. (A) A letter from the Pennsylvania 
Department of Environmental Resources dated September 9, 1991 submitting 
a revision to the Pennsylvania State Implementation Plan.
    (B) Section XIII, Process Equipment Leaks of Philadelphia Air 
Management Regulation V--Control of Emissions of Organic Substances from 
Stationary Sources. The effective date of the regulation submitted is 
May 23, 1988.
    (C) Compliance Guidelines for Philadelphia Air Management Regulation 
V, Section XIII. The effective date of the compliance guidelines 
submitted is May 23, 1988.
    (ii) Additional materials. (A) Remainder of the May 23, 1988 State 
submittal.

[[Page 670]]

    (79) Revisions to the State Implementation Plan submitted by the 
Pennsylvania Department of Environmental Resources on August 15, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Pennsylvania Department of Environmental 
Resources dated August 15, 1991 submitting revision to the Pennsylvania 
State Implementation Plan, pertaining to Chapters 121 and 129 of the 
Pennsylvania regulations pertaining to Stage I vapor recovery, surface 
coating, graphic arts, deletion of the generic bubble regulation, 
recordkeeping, gasoline marketing, pharmaceutical products, and 
compliance schedules.
    (B) The definitions of bulk gasoline plant, bulk gasoline terminal, 
clear coat, and miscellaneous metal parts and products found in Chapter 
121.1, Chapter 129.51 (a) (1) through (6), (b), and (c), Chapter 129.52 
(a) through (e), Table I, 10.(a) topcoats for locomotives and heavy-duty 
trucks and 10.(b) hopper cars and tank car interiors, deletion of 
Chapter 129.53 (now reserved), Chapter 129.54, Chapter 129.59, Chapter 
129.60, Chapter 129.61, Chapter 129.66, Chapter 129.67, and Chapter 
129.68 published in the Pennsylvania Bulletin dated August 3, 1991 (Vol. 
21, no. 31, pages 3406-3416). These regulations were made effective on 
August 3, 1991.
    (80) Revision to the Allegheny County portion of the Pennsylvania 
State Implementation Plan submitted on July 13, 1987, which consists of 
the addition of an installation permit (86-I-0024-P) which defines and 
imposes RACT to control VOC emissions from air oxidation processes at 
the Aristech Chemical Corporation plant on Neville Island.
    (i) Incorporation by reference.
    (A) A letter from the Pennsylvania Department of Environmental 
Resources dated July 13, 1987, submitting revisions to the Allegheny 
County portion of the Pennsylvania ozone State Implementation Plan.
    (B) The original permit (86-I-0024-P), issued and effective August 
28, 1986, and the modification and amendments to the original permit, 
issued and effective March 3, 1987.
    (81) Revisions to the State Implementation Plan submitted by the 
Pennsylvania Department of Environmental Resources on January 11, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Pennsylvania Department of Environmental 
Resources dated January 11, 1991 submitting a revision to the 
Pennsylvania State Implementation Plan.
    (B) The following revised regulations, effective October 27, 1990: 
Sections 121.1 (Definitions of ``combustion efficiency,'' 
``incinerator,'' ``municipal waste,'' ``municipal waste incinerator,'' 
and ``resource recovery unit'' only); 123.25 (b), (c), and (e); 129.18 
(entire section); 139.101 (7), (16) and introductory paragraph; 
139.103(2); 139.104(2); 139.111 (1), (2), (3).
    (ii) Additional material.
    (A) Remainder of the January 11, 1991 State submittal.
    (82) Revision to the State Implementation Plan submitted by the 
Pennsylvania Department of Environmental Resources on February 23, 1987 
at the request of Philadelphia Air Management Services.
    (i) Incorporated by reference. (A) Letter from the Pennsylvania 
Department of Environmental Resources dated February 23, 1987 submitting 
a revision to the Philadelphia portion of the Pennsylvania Ozone State 
Implementation Plan effective November 28, 1986.
    (B) Regulation V, Section I, ``Definitions'' for the term 
Pharmaceutical Tablet Coating; and Section XII, ``Pharmaceutical Tablet 
Coating'' only.
    (C) Compliance Guidelines for Air Management Regulation V, ``Control 
of Emissions of Organic Substances from Stationary Sources,'' Section 
XII: ``Pharmaceutical Tablet Coating,'' effective November 28, 1986, 
(containing amendments and revisions through February 29, 1988).
    (83) Revisions to the State Implementation Plan submitted by the 
Pennsylvania Department of Environmental Resources on February 23, 1987.
    (i) Incorporation by reference. (A) A letter from the Pennsylvania 
Department of Environmental Resources dated February 23, 1987 submitting 
a revision to the Pennsylvania State Implementation Plan.

[[Page 671]]

    (B) A revision to Section I--Definitions--for the term Volatile 
Organic Compound (VOC) of Philadelphia Air Management Regulation V 
``Control of Emissions of Organic Substances from Stationary Sources.'' 
The effective date is November 28, 1986.
    (C) The addition of Section X--Compliance with Pennsylvania 
Standards for VOC to Philadelphia Air Management Regulation V. The 
effective date is November 28, 1986.
    (ii) Additional materials. (A) The remainder of the Commonwealth's 
February 23, 1987, submittal.
    (84) Revisions to the Pennsylvania Air Pollution Control Regulations 
submitted on November 13, 1991, by the Pennsylvania Department of 
Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of November 13, 1991, from the Pennsylvania Department of 
Environmental Resources transmitting revised regulations for the control 
of volatile organic compound (VOC) emissions.
    (B) Title 25 Pa. Code, chapter 121, section 121.1 (Definition of 
``Organic Liquid Cargo Vessel'' only) and chapter 129, section 129.81 
(Organic Liquid Cargo Vessel Loading and Ballasting), effective 
September 28, 1991.
    (ii) Additional material.
    (A) Remainder of the November 13, 1991, State submittal.
    (85) Revisions to the Pennsylvania Regulations submitted on October 
16, 1991, by the Pennsylvania Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter from the Pennsylvania Department of Environmental 
Resources dated October 16, 1991 transmitting revisions to the Allegheny 
County portion of the Pennsylvania State Implementation Plan.
    (B) Revisions to the following provisions of Article XX, Rules and 
Regulations of the Allegheny County Health Department, Air Pollution 
Control, adopted on August 8, 1991, and effective August 26, 1991:
    (1) Section 101-Added definitions for the following terms: capture 
efficiency, potential uncontrolled emission rate, and transfer 
efficiency; revised and renumbered definitions for the following terms: 
bulk gasoline plant, bulk gasoline terminal, clear coat, miscellaneous 
metal parts and products, and volatile organic compound (VOC).
    (2) New Section 501 added; existing Section 510 deleted.
    (3) Section 504 (entire section).
    (4) Section 505, subsections A, B, and D, and Table I.
    (5) Section 507, subsection B.
    (6) Section 508, subsections C, D, E, G, and H.
    (7) Section 512-New subsection A (added), subsection B (former 
subsection H); existing subsections A-G and I are deleted.
    (8) Section 531, subsections A, B, and C.
    (9) Section 534, subsections B and C.
    (10) Deletion of Section 506 that was in effect before August 26, 
1991.
    (86) Revisions to the Pennsylvania Regulations for reasonably 
available control technology (RACT) to control fugitive organic chemical 
manufacturing industries, Article XX of the Rules and Regulations of the 
Allegheny County Health Department, section 534 and 605 I submitted on 
July 13, 1987, by the Pennsylvania Department of Environmental Resources 
(DER).
    (i) Incorporation by reference.
    (A) Letter of July 13, 1987, from the Pennsylvania Department of 
Environmental Resources transmitting regulations for the control of 
``Synthetic Organic Chemical and Polymer Manufacturing-Fugitive 
Sources'' and the associated test method, EPA method 21.
    (B) Article XX, of the Rules and Regulations of the Allegheny County 
Health Department, section 534 and 605 I, effective June 10, 1987.
    (87) Revisions to the Pennsylvania State Implementation Plan 
submitted on March 29, 1993, by the Pennsylvania Department of 
Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of March 22, 1993, from the Pennsylvania Department of 
Environmental Resources transmitting plan approval no. 46-326-001A and 
operating permit no. 46-326-001A for Knoll Group, P.O. Box 157, East 
Greenville, PA.
    (B) Plan approval no. 46-326-001A and operating permit no. 46-326-
001A which consist of emission standards, operating conditions and 
recordkeeping requirements applicable to Knoll Group,

[[Page 672]]

a wood furniture surface coater located in Montgomery County, PA, which 
is in the Philadelphia severe ozone nonattainment area. These 
requirements together are being approved as reasonably available control 
technology (RACT) for this wood furniture surface coater. The effective 
date of the plan approval and the operating permit is March 24, 1993.
    (ii) Additional material.
    (A) Remainder of March 29, 1993, Pennsylvania submittal consisting 
of a Background Information document prepared by Pennsylvania in support 
of the RACT proposal for Knoll, an evaluation of control options 
performed for Knoll by a contractor, public comments and responses, and 
a chart and computer diskette (LOTUS 1-2-3) showing how RACT 
calculations will be performed.
    (88) Revisions to the Pennsylvania Regulations for an oxygenated 
gasoline program submitted on November 12, 1992 by the Pennsylvania 
Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of November 12, 1992 from the Pennsylvania Department of 
Environmental Resources transmitting the oxygenated gasoline regulation 
as a SIP revision.
    (B) Revisions to 25 PA Code Chapter 121, General Provisions, section 
121.1 Definitions and the addition of section 126.1 Oxygenate Content of 
Gasoline to 25 PA Code Chapter 126, Standards for Motor Fuels. These 
revisions became effective August 29, 1992.
    (C) The correction in 25 PA Code Chapter 121, General Provisions, 
section 121.1 Definitions in the definition of ``oxygenated gasoline''. 
This correction became effective October 24, 1992.
    (ii) Additional Material.
    (A) Remainder of Pennsylvania State submittal.
    (B) [Reserved]
    (89) Revisions to the Pennsylvania Regulations, Chapter 129.82 
pertaining to Stage II Vapor Recovery and the associated definition of 
gasoline dispensing facilities in Chapter 121.1 submitted on March 4, 
1992, by the Pennsylvania Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of March 4, 1992, from the Pennsylvania Department of 
Environmental Resources transmitting Chapter 121.1, definition of 
gasoline dispensing facilities, and Chapter 129.82 pertaining to 
regulations for Stage II vapor recovery in moderate, serious and severe 
ozone nonattainment areas in the Commonwealth.
    (B) Pennsylvania Bulletin (Vol. 22, No. 8) dated February 8, 1992, 
containing the definition of gasoline dispensing facility in Chapter 
121.1 and the Stage II vapor recovery regulations contained in Chapter 
129.82, effective on February 8, 1992.
    (ii) Additional material.
    (A) Remainder of March 4, 1992, State submittal.
    (90) Revisions to the Allegheny County portion of the Pennsylvania 
SIP to adopt the PM-10 NAAQS and fulfill other Group III requirements, 
submitted on November 8, 1988 by the Pennsylvania Department of 
Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of November 8, 1988 from the Pennsylvania Department of 
Environmental Resources transmitting revisions to Article XX of 
Allegheny County Health Department Rules and Regulations.
    (B) Revisions to the following sections of Article XX of Allegheny 
County Health Department Rules and Regulations, effective August 22, 
1988:
    (1) Section 101, Definitions (definition of ``PM10'').
    (2) Section 109, Ambient Air Quality Standards.
    (3) Section 527, Areas Subject to Sections 521 through 526 (various 
fugitive dust measures).
    (4) Section 613, Ambient Measurements.
    (5) Section 704, Episode Criteria.
    (6) Section 801, Definitions. (Definitions of ``Attainment area,'' 
``Nonattainment area,'' ``Significant air quality impact,'' and 
``Unclassified area'')
    (7) Appendix 1, Attainment, Unclassifiable and Nonattainment Areas 
of Allegheny County: deleted.
    (ii) Additional material.

[[Page 673]]

    (A) Remainder of the November 8, 1988 submittal pertaining to the 
Allegheny County portion of the Pennsylvania SIP to adopt the PM-10 
NAAQS and fulfill other Group III requirements.
    (91) Revisions to the Allegheny County portion of the Pennsylvania 
SIP to reduce PM-10 emissions and visible emissions from several 
categories of fugitive dust sources, submitted on December 31, 1992 by 
the Pennsylvania Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of December 31 1992 from the Pennsylvania Department of 
Environmental Resources transmitting revisions to Article XX of 
Allegheny county Health Department Rules and Regulations.
    (B) Revisions to the following sections of Article XX of Allegheny 
County Health Department Rules and Regulations, effective November 1, 
1992.
    (1) Section 402, Particulate Mass Emissions (Paragraph A--Fuel 
Burning or Combustion Equipment)
    (2) Section 520, Coke Ovens (Paragraph J--Compliance Schedule)
    (3) Section 521, Permit Source Premises.
    (4) Section 521.1, Non-Permit Source Premises.
    (5) Section 523, Permit Source Transport.
    (6) Section 523.1, Non-Permit Source Transport.
    (7) Section 524, Construction and Land Clearing.
    (8) Section 527, Areas Subject to Sections 521 through 526.
    (9) Section 602, Particulate Matter (test methods).
    (10) Section 606, Visible Emissions (measurement).
    (11) Section 607, Coke Oven Emissions (measurement).
    (12) Section 608, Coke Oven Gas (measurement of hydrogen sulfide 
content).
    (ii) Additional material.
    (A) Remainder of the December 31, 1992 submittal pertaining to the 
Allegheny County portion of the Pennsylvania SIP to reduce PM-10 
emissions and visible emissions from several categories of fugitive dust 
sources.
    (92) Revisions to the Allegheny County portion of the Pennsylvania 
SIP to reduce PM-10 emissions including the newly created Allegheny 
County Article XXI which both revised and added emission reduction 
requirements for certain industrial boilers, various emission points at 
US Steel's Clairton Coke Works and the Glassport Transportation Center, 
new definitions related to coke oven gas emissions, and new test methods 
for particulate matter; submitted by the Pennsylvania Department of 
Environmental Resources on January 6, 1994 and effective February 1, 
1994.
    (i) Incorporation by reference.
    (A) Letter of January 6, 1994 from the Pennsylvania Department of 
Environmental Resources transmitting Article XXI of Allegheny County 
Health Department Rules and Regulations.
    (B) The newly created Article XXI of Allegheny County Health 
Department Rules and Regulations in its entirety, effective February 1, 
1994.
    (1) Part A (sections 2101 et seq.), General, reserved in part:
    (i) Section 2101. Short Titles.
    (ii) Section 2101.3, Effective Date and Repealer.
    (iii) Section 2101.20, Definitions.
    (2) Part B (sections 2102 et seq.), Installation Permits, reserved.
    (3) Part C (sections 2103 et seq.), Operating Permits and Licenses, 
reserved.
    (4) Part D (sections 2104 et seq.), Pollutant Emission Standards, 
reserved in part.
    (i) Section 2104.6, Particulate Mass Emissions, replaces section 402 
of Article XX.
    (5) Part E (sections 2105 et seq.), Sources Emission and Operating 
Standards, reserved in part.
    (i) Section 2105.21, Coke Ovens and Coke Oven Gas, replaces section 
520.B. through 520.J. and section 530 of Article XX.
    (ii) Section 2105.49, Fugitive Emissions, replaces section 528 of 
Article XX.
    (6) Part F (sections 2106 et seq.), Air Pollution Episodes, 
reserved.
    (7) Part G (sections 2107 et seq.), Methods, reserved in part:
    (i) Section 2107.1, General.
    (ii) Section 2107.2, Particulate Matter.

[[Page 674]]

    (8) Part H (sections 2108 et seq.), Compliance, reserved.
    (9) Part I (sections 2109 et seq.), Enforcement, reserved.
    (ii) Additional material.
    (A) Remainder of the January 6, 1994 State submittal.
    (93) [Reserved]
    (94) Revision to the Commonwealth of Pennsylvania Volatile Organic 
Compound (VOC) Regulations, amending 25 Pa Code Chapters 121--General 
Provisions and Chapter 129--Standards for Sources submitted on August 
19, 1992, by the Pennsylvania Department of Environmental Resources 
(PADER).
    (i) Incorporation by reference.
    (A) A letter of August 19, 1992, from PADER transmitting a state 
implementation plan revision which corrects deficiencies and adds 
requirements for the control of VOCs from surface coating, pneumatic 
rubber tire manufacturing, graphic arts and synthetic organic chemical 
manufacturing industry equipment leaks.
    (B) 25 Pa Code, Chapter 121, Sec. 121.4; and 25 Pa Code, Chapter 
129, Sec. Sec. 129.51, 129.52, 129.62, 129.66, 129.67, 129.69, 129.71 
and 129.72, submitted on August 19, 1992 and effective on May 23, 1992.
    (95) [Reserved]
    (96) Revisions to the Commonwealth of Pennsylvania Regulations State 
Implementation Plan submitted on November 12, 1992 by the Pennsylvania 
Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of November 12, 1992 from the Pennsylvania Department of 
Environmental Resources transmitting a revised regulation to establish 
emission statements requirements annually for sources of nitrogen oxides 
and volatile organic compounds.
    (B) Revisions to amend 25 Pa. Code, specifically to include section 
135.5 and section 135.21. Effective on October 10, 1992.
    (97) Revisions to the Pennsylvania State Implementation Plan 
submitted by the Secretary, Pennsylvania Department of Environmental 
Protection on December 31, 1992.
    (i) Incorporation by reference.
    (A) Letter dated December 31, 1992 from the Secretary, Pennsylvania 
Department of Environmental Protection, submitting a revision to the 
Allegheny County portion of the Pennsylvania State Implementation Plan.
    (B) Addition of new section E to the Allegheny County Health 
Department-Bureau of Air Pollution Control (ACHD) Rules and Regulations, 
Article XX, Chapter II (Inspections, Reporting, Tests and Monitoring), 
Sec. 202 (Reporting Requirements) were effective on October 8, 1992. 
This revision consists of an emission statement program for stationary 
sources which emit volatile organic compounds (VOCs) and/or nitrogen 
oxides (NOX) at or above specified actual emission threshold 
levels. This program applies to stationary sources within the county of 
Allegheny.
    (ii) Additional material.
    (A) Remainder of December 31, 1992 state submittal pertaining to 
Pennsylvania Emission Statement Program.
    (98) Revisions to the Pennsylvania Regulations Chapter 129.91 
submitted on January 6, 1995 by the Pennsylvania Department of 
Environmental Resources:
    (i) Incorporation by reference.
    (A) Two letters both dated January 6, 1995 from the Pennsylvania 
Department of Environmental Resources transmitting source-specific VOC 
and/or NOx RACT determinations in the form of plan approvals and/or 
operating permits for the following sources: ESSROC Materials, Inc. 
(Northampton Co.)--cement manufacturer; Pennsylvania Power & Light--
Brunner Island SES (York Co.)--utility, PPG Industries, Inc. (Cumberland 
Co.)--glass manufacturer; Stroehmann Bakeries, Inc. (Dauphin Co.)--
bakery; GE Transportation Systems (Erie Co.)--utility; J.E. Baker/DBCA 
Refractory Facility (York Co.)--dolomitic refractory facility; Lafarge 
Corp. (Lehigh Co.)--cement manufacturer; West Penn Power Company--
Armstrong Power Station (Armstrong Co.), utility. In addition, the plan 
approval for Plain n' Fancy Kitchens, Inc. (Lebanon Co., kitchen cabinet 
surface coating) containing provisions limiting this source as a 
synthetic minor source (below RACT threshold level of 50 TPY potential 
VOC emissions) is being approved.
    (B) Plan approvals (PA), Operating permits (OP):

[[Page 675]]

    (1) ESSROC Materials, Inc.--PA 48-0004A, effective December 20, 
1994, except conditions (7)(a), (7)(b), (7)(d), (8)(a), (8)(b), (8)(d), 
(10), (16) through (19) pertaining to particulate matter or 
SO2 requirements and condition (25)(d) and (e) pertaining to 
compliance date extensions, and the expiration date of the plan 
approval.
    (2) Pennsylvania Power & Light--Brunner Island SES--PA 67-2005, 
effective December 22, 1994, except condition 2.d. and e. pertaining to 
compliance date extensions, and the expiration date of the plan 
approval.
    (3) PPG Industries, Inc.--OP 21-2002, effective December 22, 1994, 
except the expiration date of the operating permit.
    (4) Stroehmann Bakeries, Inc.--PA 22-2003, effective December 22, 
1994, except condition 9.d. and e. pertaining to compliance date 
extensions and the expiration date of the plan approval.
    (5) GE Transportation Systems--Erie--OP 25-025, effective December 
21, 1994, except for condition 9 pertaining to pollutants other than VOC 
and NOX.
    (6) J.E. Baker/DBCA Refractory Facility--OP 67-2001, effective 
December 22, 1994, except the expiration date of the operating permit.
    (7) Lafarge Corp.--PA 39-0011A, effective December 23, 1994, except 
for condition (4)(d) and (e) pertaining to compliance date extensions, 
condition (8) pertaining to sulfur in fuel requirements, those in 
condition (9) not pertaining to VOC or NOX, and the 
expiration date of the plan approval, and OP 39-0011, effective December 
23, 1994, except conditions (8), (9), and (13) through (15), pertaining 
to sulfur in fuel requirements, and the expiration date of the operating 
permit.
    (8) West Penn Power Company--Armstrong Power Station--PA 03-000-023, 
effective December 29, 1994, except for the expiration date of the plan 
approval and condition 5. pertaining to VOC and condition 9. pertaining 
to a facility-wide NOX cap, PA 03-306-004 (for unit 2), 
effective March 28, 1994, except for condition 12. (d) and (e), 
pertaining to compliance date extensions, and the expiration date of the 
plan approval, and PA 03-306-006 (for unit 1), effective November 22, 
1994, except for condition 13. (d) and (e), pertaining to compliance 
date extensions, and the expiration date of the plan approval.
    (9) Plain n' Fancy Kitchens, Inc.--PA 38-318-019C, effective 
December 23, 1994, except for condition 2.d. and e., pertaining to 
compliance date extensions, and the expiration date of the plan 
approval.
    (99) Revisions to the Pennsylvania implementation plan for Allegheny 
County pertaining to the operation and maintenance of certain air 
pollution control devices at USX Corporation's Clairton Works submitted 
on April 26, 1995 by the Pennsylvania Department of Environmental 
Resources:
    (i) Incorporation by reference.
    (A) Letter of April 26, 1995 from Mr. James M. Seif, Secretary, 
Pennsylvania Department of Environmental Resources transmitting a SIP 
revision for Allegheny County regarding USX Corporation's Clairton 
Works.
    (B) Portions of an enforcement order and agreement entered into by 
and between the Allegheny County Health Department and USX Corporation 
on November 17, 1994 (Enforcement Order No. 200 Upon Consent). 
Specifically, the introductory section (pages 1-2), the section 
entitled, ``I. Order'' (pages 2-6), and attachments C and D to the 
enforcement order and agreement which list the relevant pollution 
control equipment. The Agreement was effective on November 17, 1994.
    (ii) Additional material.
    (A) Remainder of Pennsylvania's December 9, 1993 submittal.
    (100) Revisions to Article XX (Air Pollution Control) of the 
Allegheny County Health Department Rules and Regulations submitted on 
September 25, 1989 by the Pennsylvania Department of Environmental 
Resources:
    (i) Incorporation by reference.
    (A) Letter of September 25, 1989 from the Pennsylvania Department of 
Environmental Resources transmitting revisions to Article XX (Air 
Pollution Control) of the Allegheny County Health Department Rules and 
Regulations governing visible emissions.
    (B) Revision to Article XX, Section 401.B (Visible Emissions-
Exclusion) and deletion of Article XX, Section 518 (Blast Furnace 
Slips), effective July 1, 1989.
    (ii) Additional material.

[[Page 676]]

    (A) Remainder of September 25, 1989 State submittal pertaining to 
Article XX, Sections 401 and 518.
    (101) Revisions to the State Implementation Plan submitted by the 
Pennsylvania Department of Environmental Resources regarding RACT 
requirements for two Stroehmann Bakeries, Inc. facilities located in 
Lycoming and Bradford Counties, submitted on February 24, 1995.
    (i) Incorporation by reference.
    (A) Letter of February 24, 1995 from the Pennsylvania Department of 
Environmental Resources submitting a revision to the State 
Implementation Plan.
    (B) Plan Approval Nos. PA-41-0001 and PA-08-0001 and Operating 
Permit Nos. OP-41-0001A and OP-08-0001A, issued and effective February 
9, 1995.
    (ii) Additional material.
    (A) Remainder of the State Implementation Plan revision request 
submitted by the Pennsylvania Department of Environmental Resources on 
February 24, 1995, pertaining to the Plan Approvals and Operating 
Permits listed above.
    (102) Revisions to the Pennsylvania Regulations Chapter 129.91 
submitted on January 6, 1995, April 24, 1995 and May 31, 1995 by the 
Pennsylvania Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Four letters, two dated January 6, 1995, one dated April 24, 
1995, and one dated May 31, 1995, from the Pennsylvania Department of 
Environmental Resources transmitting source-specific VOC and/or NOx RACT 
determinations in the form of plan approvals and/or operating permits 
for the following sources: (1) PECO Energy--Eddystone (Delaware Co.)--
utility, (2) Gilberton Power Company (Schuylkill Co.)--utility, (3) 
Bethlehem Steel Structural Products Corp. (Northampton Co.)--steel 
manufacturer, (4) Westwood Energy Properties, Inc. (Schuylkill Co.)--
utility, (5) PECO Energy Co.--Front Street (Montgomery Co.)--utility, 
(6) Crawford Furniture Manufacturing Corp. (Clarion Co.)--furniture 
manufacturer, (7) Schuylkill Energy Resources (Schuylkill Co.)--
cogeneration plant, (8) Panther Creek Partners (Carbon Co.)--utility, 
(9) Columbia Gas Transmission Co.--Milford (Pike Co.), (10) Texas 
Eastern Transmission Corp.--Entriken (Huntingdon Co.)--Natural gas 
pipeline compressor station, (11) Columbia Gas Transmission Corp.--
Greencastle (Franklin Co.). In addition, the operating permit for Lord 
Corporation (Erie Co.), aerospace surface coating operation containing 
provisions limiting this source as a synthetic minor source (below RACT 
threshold level of 50 TPY potential VOC emissions) is being approved.
    (B) Plan approvals (PA), Operating permits (OP):
    (1) PECO Energy--Eddystone--PA 23-0017, effective December 28, 1994, 
except the expiration date of the plan approval, and OP 23-0017, 
effective December 28, 1994, except the expiration date of the operating 
permit and conditions 6.C.(1) through (7), 6.D.(1)(c), 7.C.(1) through 
(5), 7.D.(1)(a) and 8.D.(1)(a) pertaining to SO2 or PM10 
requirements.
    (2) Gilberton Power Company--OP 54-0004, effective December 20, 
1994, except the expiration date of the operating permit and condition 5 
pertaining to SO2 and PM10 requirements.
    (3) Bethlehem Structural Products Corp.--OP 48-0010, effective 
December 20, 1994, except the expiration date of the operating permit, 
OP 48-0013, effective December 20, 1994, except the expiration date of 
the operating permit and condition (11)(d) through (f) pertaining to 
sulfur and metals, OP 48-0014, effective December 20, 1994, except the 
expiration date of the operating permit and conditions (8) and (9) 
pertaining to particulate matter, and OP 48-0015, effective December 20, 
1994, except the expiration date of the operating permit and conditions 
(9) and (10) pertaining to visible emissions and particulate matter.
    (4) Westwood Energy Properties, Inc.--OP 54-0006, effective December 
27, 1994, except the expiration date of the operating permit and the 
particulate and SO2 emission limitations in condition (5).
    (5) PECO Energy Company--Front Street--OP 46-0045, effective March 
31, 1995, except the expiration date of the operating permit.
    (6) Crawford Furniture Manufacturing Corp.--OP 16-021, effective 
March 27, 1995.

[[Page 677]]

    (7) Schuylkill Energy Resources--OP 54-0003, effective May 19, 1995, 
except the expiration date of the operating permit.
    (8) [Reserved]
    (9) Columbia Gas Transmission Company--Milford--OP 52-0001, 
effective May 19, 1995, except the expiration date of the operating 
permit.
    (10) Texas Eastern Transmission Corp.--OP 31-2003, effective May 16, 
1995, except the expiration date of the operating permit.
    (11) Columbia Gas Transmission Corp.--Greencastle--OP 28-2003, 
effective April 21, 1995, except the expiration date of the operating 
permit.
    (12) Lord Corporation--OP 25-095, effective March 30, 1995.
    (103) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOx RACT and 1990 baseyear emissions inventory for 
one source, submitted on January 6, 1995, May 10, 1995, May 31, 1995, 
August 11, 1995 (as amended on November 15, 1995), October 24, 1995, and 
December 8, 1995 by the Pennsylvania Department of Environmental 
Resources (now known as the Pennsylvania Department of Environmental 
Protection):
    (i) Incorporation by reference.
    (A) Nine letters: three dated January 6, 1995, and one each dated 
May 10, 1995, May 31, 1995, August 11, 1995, October 24, 1995, November 
15, 1995, and December 8, 1995 from the Pennsylvania Department of 
Environmental Resources (now known as the Pennsylvania Department of 
Environmental Protection) transmitting source specific VOC and/or NOx 
RACT determinations in the form of plan approvals or operating permits 
for the following sources: Tennessee Gas Pipeline Company--Station 313 
(Potter Co.)--natural gas transmission and gas storage station; Corning 
Asahi Video Products Company (Centre Co.)--glass manufacturer; Columbia 
Gas Transmission Company--Easton station (Northampton Co.)--natural gas 
compressor station, (4) Texas Eastern Transmission Corporation--Bedford 
(Bedford Co.)--natural gas compressor station; Texas Eastern 
Transmission--Marietta (Lancaster Co.)--natural gas compressor station; 
Hercules Cement Company (Northampton Co.)--cement manufacturer; Lone 
Star Industries (Northampton Co.)--cement manufacturer; Pennsylvania 
Power and Light--Montour SES (Montour Co.)--utility; Pennsylvania 
Electric Company--Shawville (Clearfield Co.)--utility; Zinc Corporation 
of America--Monaca (Beaver Co.)--zinc smelting; Procter and Gamble Paper 
Products--Mehoopany (Wyoming Co.)--pulp and paper making facility. In 
addition, the operating permit for Columbia Gas Transmission 
Corporation--Union City (Erie Co.), a natural gas compressor station, 
containing provisions limiting this source as a synthetic minor source 
(below RACT threshold level of 100 tons per year of potential NOx 
emissions) is being approved.
    (B) Plan approvals (PA), Operating permits (OP):
    (1) Tennessee Gas Pipeline Company--Station 313--PA 53-0001, 
effective November 27, 1995, except the expiration date of the plan 
approval and the portion of condition 6 pertaining to CO 
emissions, OP 53-0001, effective November 27, 1995, except the 
expiration date of the operating permit, condition 21 
pertaining to prevention of significant deterioration and the portions 
of condition 22 pertaining to CO emissions, and Compliance 
permit (CP) 53-0001, effective November 27, 1995, except the expiration 
date of the compliance permit.
    (2) Corning Asahi Video Products Company--OP 14-0003, effective 
December 27, 1994, except the expiration date of the operating permit, 
OP 14-309-010A, effective May 5, 1994, except the expiration date of the 
operating permit and condition 6 and 7, pertaining to 
particulate matter and arsenic, OP 14-309-009C, effective August 18, 
1994, except the expiration date of the operating permit and conditions 
12 and 14, pertaining to particulate matter and lead, and OP 
14-309-037A, effective May 5, 1994, except the expiration date of the 
operating permit and conditions 10, 11, 12, and 15, pertaining 
to particulate matter, fluorides and arsenic.
    (3) Columbia Gas Transmission Company--Easton--OP 48-0001, effective 
May 19, 1995, except the expiration date of the operating permit and PA 
48-0001A, effective May 19, 1995, except the expiration date of the plan 
approval.

[[Page 678]]

    (4) Texas Eastern Transmission Corporation--Bedford--OP 05-2007, 
effective May 16, 1995, except the expiration date of the operating 
permit.
    (5) Texas Eastern Transmission Corporation--Marietta--PA 36-2025, 
effective May 16, 1995, except the expiration date of the plan approval 
and condition 2, pertaining to compliance date extensions.
    (6) Hercules Cement Company--PA 48-0005A, effective December 23, 
1994, except the expiration date of the plan approval and condition 
4, pertaining to compliance date extensions, and all the 
following conditions that do not pertain to VOC or NOX RACT: 
10(a), (b) and (d), 11(a), (b) and (d), 
12(a), (b) and (d), 13(a), (b) and (d), 14, 
15, 21 through 24, 30, pertaining to 
compliance date extensions and OP 48-0005, effective December 23, 1994, 
except the expiration date of the operating permit and conditions 
8 and 9, pertaining to particulate matter.
    (7) Lone Star Industries--OP 48-0007, effective December 20, 1994, 
except the expiration date of the operating permit.
    (8) Pennsylvania Power & Light--Montour SES--PA 47-0001A, effective 
December 27, 1994, except the expiration date of the plan approval and 
condition 14, pertaining to compliance date extensions and OP 
47-0001, effective December 27, 1994, except the expiration date of the 
operating permit.
    (9) Pennsylvania Electric Company--Shawville--PA 17-0001, effective 
December 27, 1994, except the expiration date of the plan approval and 
condition 19, pertaining to compliance date extensions.
    (10) Zinc Corporation of America--Monaca--OP 04-000-044, effective 
December 29, 1994, except for the expiration date of the operating 
permit and those portions of conditions 8 and 9 pertaining to 
CO and PM10.
    (11) Procter and Gamble Paper Products Company--Mehoopany--OP 66-
0001, effective December 20, 1994, except the expiration date of the 
operating permit and PA 66-0001A, effective December 20, 1994, except 
the expiration date of the plan approval and condition 4, 
pertaining to compliance date extensions, those portions of condition 
5, pertaining to CO, SO2 or particulate matter, and 
condition 17, pertaining to odor.
    (12) Columbia Gas Transmission Corporation--Union City--OP 25-892, 
effective April 11, 1995 except the portion of condition 8, 
pertaining to compliance date extensions.
    (ii) Additional Material.
    (A) Remainder of January 6, 1995, May 10, 1995, May 31, 1995, August 
11, 1995, October 24, 1995, and December 8, 1995 State submittals.
    (B) Additional clarifying material submitted by Pennsylvania: Letter 
dated July 18, 1995 from Matthew M. Williams, Air Pollution Control 
Engineer, Pennsylvania DEP, to Steve H. Finch, Vice President, 
Environmental Affairs, Columbia Gas Transmission Corporation, stating 
that the effective date of the Columbia Gas Transmission Corporation--
Union City operating permit (OP 25-892) is April 11, 1995.
    (104) Revisions to the Pennsylvania Regulations Chapter 129.91 
submitted on August 1, 1995 by the Pennsylvania Department of 
Environmental Protection:
    (i) Incorporation by reference.
    (A) Two letters, one dated August 1, 1995, from James Seif, 
Secretary of the Pennsylvania Department of Environmental Protection, 
transmitting source-specific VOC and/or NOX RACT 
determinations in the form of operating permits for the following 
sources: James River Corporation--Chambersburg (Franklin County)--
printer. In addition, operating permits for the following sources 
containing provisions limiting these sources as ``synthetic minor'' 
sources (below RACT threshold level for VOC and/or NOX 
emissions) are being approved: Appleton Papers, Inc. (Cumberland 
County)--carbon paper producer; Air Products & Chemicals, Inc.--
Trexlortown (Lehigh County)--gas production/storage facility; Elf 
Atochem North America, Inc. (Montgomery County)--chemical research & 
development firm; York City Sewer Authority--Manchester Township (York 
County)--waste water treatment facility; Glasgow, Inc.--Ivy Rock Plants 
1 & 2 (Montgomery County)--asphalt production facility; Glasgow, Inc.--
Catanach Plant (Chester County)--asphalt production facility; Glasgow, 
Inc.--Freeborn Asphalt Plant

[[Page 679]]

(Delaware County)--asphalt production facility.
    (B) One letter, dated November 15, 1995, from James Seif, Secretary 
of the Pennsylvania Department of Environmental Protection, transmitting 
source-specific VOC and/or NOX RACT determinations in the 
form of operating permits including the following source: Glasgow, 
Inc.--Spring House Plants 1 & 2 (Montgomery County)--asphalt production 
facility;
    (C) Operating permits (OP):
    (1) James River Corporation--OP 28-2006, effective June 14, 1995, 
except the expiration date of the operating permit.
    (2) Appleton Papers, Inc.--OP 21-2004, effective May 24, 1995, 
except the expiration date of the operating permit.
    (3) Air Products and Chemicals, Inc.--OP 39-0008, effective May 25, 
1995, except the expiration date of the operating permit.
    (4) Elf Atochem North America, Inc.--OP 46-0022, effective June 27, 
1995, except the expiration date of the operating permit.
    (5) York City Sewer Authority, Manchester Township--OP 67-2013, 
effective March 1, 1995, except the expiration date of the operating 
permit.
    (6) Glasgow, Inc., Ivy Rock Asphalt Plants 1 & 2--OP 46-0043, 
effective June 7, 1995, except for the expiration date of the operating 
permit.
    (7) Glasgow, Inc., Spring House Asphalt Plants 1 & 2--OP 46-0029, 
effective June 7, 1995, except for the expiration date of the operating 
permit.
    (8) Glasgow, Inc., Catanach Asphalt Plant--OP 15-0021, effective 
June 7, 1995, except for the expiration date of the operating permit.
    (9) Glasgow, Inc., Freeborn Asphalt Plant--OP 23-0026, effective 
June 7, 1995, except for the expiration date of the operating permit.
    (105) The carbon monoxide redesignation and maintenance plan for 
part of Philadelphia County submitted by the Pennsylvania Department of 
Environmental Protection on September 8, 1995 and October 30, 1995, as 
part of the Pennsylvania SIP. The 1990 base year CO emission inventory 
and projections are included in the maintenance plan.
    (i) Incorporation by reference.
    (A) Letters of September 8, 1995 and October 30, 1995 from the 
Pennsylvania Department of Environmental Protection requesting the 
redesignation and submitting the maintenance plan.
    (B) Maintenance Plan for the Philadelphia Carbon Monoxide 
Nonattainment Area adopted on October 16, 1995.
    (ii) Additional Material.
    (A) Remainder of September 8, 1995 and October 30, 1995 State 
submittal.
    (106) Revisions to the Pennsylvania Regulations, Chapter 129.82 
pertaining to Stage II Vapor Recovery and the associated definition of 
gasoline dispensing facilities originally submitted on March 4, 1992 and 
supplemented on October 26, 1995 by the Pennsylvania Department of 
Environmental Protection (formerly known as the Department of 
Environmental Resources):
    (i) Incorporation by reference.
    (A) Letter of October 26, 1995 from the Pennsylvania Department of 
Environmental Protection transmitting sections 6.7 (b), (c), (h) and 
section 17(2) of the Pennsylvania Air Pollution Control Act as amended 
on June 29, 1992.
    (B) Sections 6.7 (b), (c), (h), and section 17(2) of the 
Pennsylvania Air Pollution Control Act, amended June 29, 1992 and 
effective on July 9, 1992.
    (107) Revisions to the Pennsylvania Regulations, Chapter 127 by the 
Pennsylvania Department of Environmental Protection
    (i) Incorporation by reference.
    (A) Letter of February 4, 1994 from the Pennsylvania Department of 
Environmental Protection transmitting revisions to the New Source Review 
Provisions.
    (B) Revisions to the following Pennsylvania Department of 
Environmental Quality Regulations, effective January 15, 1994:
    (1) Addition of Chapter 127, Subchapter E, New Source Review, 
Sections 127.201 through 127.217 inclusive, effective January 15, 1994.
    (2) Deletion of Chapter 127, Subchapter C, Sections 127.61 through 
127.73.
    (ii) Additional materials consisting of the remainder of the 
February 4, 1994 State submittal pertaining to Chapter 127, Subchapter 
E.
    (108) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining

[[Page 680]]

to VOC and NOX RACT, submitted on January 6, 1995, July 5, 
1995, July 31, 1995, August 1, 1995, September 20, 1995, November 22, 
1995, and March 18, 1996 by the Pennsylvania Department of Environmental 
Resources (now known as the Pennsylvania Department of Environmental 
Protection):
    (i) Incorporation by reference.
    (A) Seven letters, dated January 6, 1995, July 5, 1995, July 31, 
1995, August 1, 1995, September 20, 1995, November 22, 1995, and March 
18, 1996 from the Pennsylvania Department of Environmental Resources 
(now known as the Pennsylvania Department of Environmental Protection) 
transmitting source specific VOC and/or NOX RACT 
determinations in the form of plan approvals or operating permits for 
the following sources: U.G.I. Utilities, Inc. (Luzerne Co.)--utility, 
Solar Turbines (York Co.)--cogeneration facility, Columbia Gas 
Transmission--Renovo Compressor Station (Clinton Co.)--natural gas 
compressor station, National Fuel Gas Supply Corporation--East Fork 
Compressor Station (Potter Co.)--natural gas compressor station, York 
Resource Energy Systems, Inc. (York Co.)--municipal waste combustion 
facility, W.R. Grace & Co.--Formpac Division (Berks Co.)--expandable 
polystyrene blowing facility, CNG Transmission--Cherry Tree Station 
(Indiana Co.)--natural gas transmission station, EPC Power Corporation 
of Bethlehem (Delaware Co.)--Crozer Chester Cogeneration Plant, C-P 
Converters, Inc. (York Co.)--flexographic printing operation, Fisher 
Scientific Co. International--Instrument Manufacturing Division (Indiana 
Co.). In addition, the permits containing provisions limiting source 
emissions to synthetic minor sources levels (below RACT threshold level 
of 100 tons per year or 25 TPY of potential NOX emissions and 
50 TPY or 25 TPY for potential VOC emissions) are being approved for 
three sources: Adelphi Kitchens, Inc.--Robesonia factory (Berks Co.)--
wood furniture coating operation, Birchcraft Kitchens, Inc.--Reading 
factory (Berks Co.)--wood furniture coating operation, and Glasgow, 
Inc.--Bridgeport Asphalt Plant (Montgomery Co.)--asphalt plant.
    (B) Plan approvals (PA), Operating permits (OP), Compliance permit 
(CP):
    (1) U.G.I. Utilities, Inc.--OP 40-0005, effective December 20, 1994 
and PA 40-0005A, effective December 20, 1994, except the expiration date 
of the plan approval and conditions  18, 19, and 20 pertaining 
to non-VOC or NOX emissions and ash and waste oil 
requirements.
    (2) Solar Turbines--PA 67-2009, effective August 17, 1995, except 
the expiration date of the plan approval and CP 67-2009, effective 
August 17, 1995, except the expiration date of the compliance permit.
    (3) Columbia Gas Transmission--Renovo Compressor Station--OP 18-
0001, effective July 18, 1995, except the expiration date of the 
operating permit and condition 8, pertaining to compliance date 
extensions and PA 18-0001, effective July 18, 1995, except the 
expiration date of the plan approval and condition 14, 
pertaining to compliance date extensions.
    (4) National Fuel Gas Supply Corporation--East Fork Compressor 
Station--OP 53-0007, effective July 17, 1995, except the expiration date 
of the operating permit, including the corrections to condition 
6 and 13 (from a letter dated July 31, 1995) and PA 53-0007A, 
effective July 17, 1995, except the expiration date of the plan 
approval.
    (5) York Resource Energy Systems, Inc.--PA 67-2006, effective August 
25, 1995, except the expiration date of the plan approval and the non-
VOC or non-NOX elements in conditions 4, 8, 9, 10 
12, 18, and 19.
    (6) W.R. Grace & Co.--Formpac Division--PA 06-1036, effective May 
12, 1995, except the expiration date of the plan approval and condition 
10 (d) and (e) pertaining to compliance date extensions and PA 
06-315-001, effective June 4, 1992, except the expiration date of the 
plan approval.
    (7) CNG Transmission Corporation--Cherry Tree Station--PA 32-000-
303, effective July 5, 1995, except the expiration date of the plan 
approval, the elements in condition 6 pertaining to carbon 
monoxide, and condition 16 D. and E. pertaining to compliance 
date extensions.
    (8) EPC Power Corporation of Bethlehem--Crozer Chester Cogeneration

[[Page 681]]

plant--OP 23-0007, effective June 8, 1995, except the expiration date of 
the operating permit.
    (9) C-P Converters, Inc.--OP 67-2030, effective August 30, 1995, 
except the expiration date of the operating permit.
    (10) Fisher Scientific--Instrument Manufacturing Division--OP 32-
000-100, effective July 18, 1995, except the expiration date of the 
operating permit.
    (11) Adelphi Kitchens, Inc.--Robesonia factory--OP 06-1001, 
effective April 4, 1995, except the expiration date of the operating 
permit.
    (12) Birchcraft Kitchens, Inc.--Reading factory--OP 06-1005, 
effective April 4, 1995, except the expiration date of the operating 
permit.
    (13) Glasgow, Inc.--Bridgeport Asphalt Plant--OP 46-0044, effective 
June 7, 1995, except the expiration date of the operating permit.
    (ii) Additional material.
    (A) Remainder of January 6, 1995, July 5, 1995, August 1, 1995, 
September 20, 1995, State submittals.
    (B) Revision to the Pennsylvania SIP dated March 18, 1996, submitted 
by the Pennsylvania Department of Environmental Protection, pertaining 
to the 1990 emission inventory for General Glass--Jeannette, 
Westmoreland County.
    (109) [Reserved]
    (110) Revisions to the Operating Permit, Plan Approval and Sampling 
and Testing Program Regulations submitted on May 18, 1995 by the 
Pennsylvania Department of Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of May 15, 1995 from the Pennsylvania Department of 
Environmental Resources transmitting Pennsylvania's Title V operating 
permit, plan approval, and State operating permit programs.
    (B) Revisions to the definition of ``Potential to emit'' and 
addition of the following definitions in Title 25, Chapter 121, Section 
121.1, effective on November 26, 1994: ``Air pollution'', ``Applicable 
requirements'', ``Compliance docket'', ``Compliance review form'', 
``Deviation'', ``Documented conduct'', ``Federally enforceable emissions 
cap'', ``General plan approval'', ``General operating permit'', ``Minor 
operating permit modification'', ``Performance standard'', ``Related 
party'', ``Renewal'', ``Research and development facility'', 
``Responsible official'', ``Title V facility'', ``Title V permit'', and 
``Title V regulated air pollutant.''
    (C) The following amendments to Title 25, Chapter 127, effective on 
November 26, 1994: Sec. 127.1, 127.3, 127.11 through 127.14, 127.25, 
127.32, 127.35, 127.36, 127.44, 127.45, 127.47, 127.49 through 127.51, 
127.401 through 127.404, 127.411 through 127.414, 127.421 through 
127.431, 127.441 through 127.450, 127.461 through 127.464, 127.701 
through 127.703, and 127.707.
    (D) The following amendments to Title 25, Chapter 139, effective on 
November 26, 1994: Sec. 139.4, 139.5, 139.12, 139.13, 139.14, 139.32, 
139.101 through 139.104, and 139.108.
    (ii) Additional material.
    (A) Remainder of May 18, 1995 State submittal.
    (111) Revisions to the Operating Permit and Plan Approval 
Regulations to add Subchapter H, ``General Plan Approvals and Operating 
Permits'', submitted on May 18, 1995 by the Pennsylvania Department of 
Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of May 15, 1995 from the Pennsylvania Department of 
Environmental Resources transmitting Pennsylvania's general plan 
approval and general operating permit programs.
    (B) The following amendments to Title 25, Chapter 127, effective on 
November 26, 1994: Sec. 127.601, 127.611, 127.612, 127.621, and 
127.622.
    (ii) Additional material.
    (A) Remainder of Pennsylvania's May 18, 1995 submittal.
    (112) Revisions to the Pennsylvania Regulations--Philadelphia Lead 
Implementation Plan--submitted on September 30, 1994, by the 
Commonwealth of Pennsylvania:
    (i) Incorporation by reference.
    (A) Letter of September 30, 1994 from the Pennsylvania Department of 
Environmental Resources transmitting a revision to the Philadelphia 
portion of the Pennsylvania State Implementation Plan for lead.
    (B) Licenses to operate (permits) effective September 21, 1994, for:
    (1) Franklin Smelting and Refining Corporation;

[[Page 682]]

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

[[Page 683]]

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

[[Page 684]]

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

[[Page 685]]

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

[[Page 686]]

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

[[Page 687]]

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

[[Page 688]]

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

[[Page 689]]

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

[[Page 690]]

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

[[Page 691]]

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

[[Page 692]]

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

[[Page 693]]

    (1) A definition for ``temporary inspection approval indicator'', 
added to section 175.2.
    (2) Section 175.11
    (3) Paragraph (f)(4) of section 175.29
    (4) Paragraphs (a), (b), (c), and (d) of section 175.41. Paragraph 
(b)(3) of section 175.41. Subparagraphs (d)(2)(ii) and (d)(2)(iii), and 
paragraphs (e)(5) and (f)(4) of section 175.41.
    (5) Sections 175.42, 175.43, 175.44, and 175.45.
    (6) Sections 177.1, 177.2, 177.3, 177.21, 177.22, 177.23, 177.24, 
177.51, 177.52, 177.53, 177.101, 177.102, 177.103, 177.104, 177.105, 
177.106.
    (7) Sections 177.201, 177.202, 177.203, 177.204, 177.231, 177.233, 
177.251, 177.252, 177.253, 177.271, 177.272, 177.273, 177.274, 177.281, 
177.282, 177.291, 177.292, 177.301, 177.302, 177.304, and 177.305.
    (8) Sections 177.401, 177.402, 177.403, 177.404, 177.405, 177.406, 
177.407, 177.408, 177.421, 177.422, 177.423, 177.424, 177.425, 177.426, 
177.427, and 177.431.
    (9) Sections 177.501, 177.502, 177.503, 177.504, and 177.521.
    (10) Sections 177.602, 177.603, 177.605, 177.606, 177.651, 177.652, 
177.671, 177.672, 177.673, and 177.691.
    (11) Appendix A to Title 67 of the Pennsylvania Code.
    (12) Appendix B to Title 67 of the Pennsylvania Code.
    (ii)Additional Material--Remainder of Submittals. The Commonwealth 
submitted materials in support of its enhanced motor vehicle inspection 
and maintenance (I/M) program regulation. These materials were submitted 
in formal SIP revisions dated: March 27, 1996; July 29, 1996; November 
1, 1996; November 13, 1997; February 24, 1998; August 21, 1998; November 
25, 1998; and March 3, 1999, and include:
    (A) Submittal submitted under a letter dated March 22, 1996, from 
the Secretary of the Pennsylvania Department of Environmental 
Protection.
    (B) Materials submitted under a letter dated June 27, 1996, from the 
Secretary of the Department of Environmental Protection.
    (C) Materials submitted under a letter of July 29, 1996, from the 
Secretary of the Department of Environmental Protection.
    (D) Materials submitted under a letter of November 1, 1996, from the 
Secretary of the Department of Environmental Protection.
    (E) Materials submitted under a letter of October 27, 1997, from the 
Secretary of the Department of Environmental Protection.
    (F) Materials submitted under a letter of February 24, 1998, from 
the Secretary of the Department of Environmental Protection.
    (G) Documents submitted by a letter dated August 21, 1998, from the 
Secretary of the Department of Environmental Protection.
    (H) Materials submitted by the Secretary of the Department of 
Environmental Protection, in a letter dated November 25, 1998, and 
amended by a letter dated March 3, 1999.
    (140) [Reserved]
    (141) Revisions to the Pennsylvania Regulations for a Clean Vehicles 
Program regulation submitted on January 8, 1999 by the Pennsylvania 
Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of January 8, 1999 from the Department of Environmental 
Protection transmitting the National Low Emission Vehicles Program, and 
a Pennsylvania Clean Vehicles Program as a ``backstop'' to the National 
Low Emissions Vehicle Program.
    (B) Amendments to Chapter 121 of Title 21 of the Pennsylvania Code, 
effective on December 5, 1998, to include definitions for the following 
terms: CARB, CARB Executive Order, California Code of Regulations, 
Dealer, Debit, Emergency Vehicle, Fleet Average, GVWR, LDT, LDV, Model 
Year, Motor Vehicle, Motor Vehicle Manufacturer, NLEV, NLEV Program, 
NMOG, New Motor Vehicle / New Light-Duty Vehicle, Offset Vehicle, 
Passenger Car, Ultimate Purchaser, Zero-Emission Vehicle
    (C) Amendments to Chapter 126 of Title 21 of the Pennsylvania Code, 
effective December 5, 1998, to add new sections: 126.401, 126.402, 
126.411, 126.412, 126.413, 126.421, 126.422, 126.423, 126.424, 126.425, 
126.431, 126.432, and 126.441.
    (ii) Additional Materials--Remainder of January 8, 1999 submittal 
pertaining to the National Low Emissions Vehicle Program and the 
Pennsylvania Clean Vehicles Program.

[[Page 694]]

    (142) Revisions to the Pennsylvania Regulations for an oxygenated 
gasoline program submitted on September 13, 1995 by the Pennsylvania 
Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of September 13, 1995 from the Pennsylvania Department of 
Environmental Protection transmitting the oxygenated gasoline regulation 
as a SIP revision.
    (B) Revisions to 25 PA Code Chapter 121, General Provisions , 
section 121.1 Definitions, the additions of section 126.101 General, 
section 126.102 Sampling and testing, section 126.103 Recordkeeping and 
reporting and section 126.104 Labeling requirements to 25 PA Code 
Chapter 126 and the removal of section 126.1 Oxygenate content of 
gasoline from 25 PA Code Chapter 126. These revisions became effective 
August 19, 1995.
    (ii) Additional Materials--Remainder of September 13, 1995 
submittal.
    (143) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted by the Pennsylvania 
Department of Environmental Protection on September 20, 1995, December 
8, 1995, January 10, 1996, March 21, 1996, April 16, 1996, May 2, 1996, 
June 10, 1996, September 13, 1996, January 21, 1997, July 2, 1997, 
November 4, 1997, December 31, 1997, March 24, 1998, April 20, 1998, May 
29, 1998, July 24, 1998, December 7, 1998, February 2, 1999, March 3, 
1999, April 9, 1999, and April 20, 1999.
    (i) Incorporation by reference.
    (A) Letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations, in the form of plan approvals, 
operating permits, or compliance permits, or supplementary information, 
on the following dates: September 20, 1995, December 8, 1995, January 
10, 1996, March 21, 1996, April 16, 1996, May 2, 1996, June 10, 1996, 
September 13, 1996, January 21, 1997, July 2, 1997, November 4, 1997, 
December 31, 1997, March 24, 1998, April 20, 1998, May 29, 1998, July 
24, 1998, December 7, 1998, February 2, 1999, March 3, 1999, April 9, 
1999, and April 20, 1999.
    (B) Plan approvals (PA), Operating permits (OP), and Compliance 
Permits (CP):
    (1) Boeing Company, Defense and Space Group, Helicopters Division, 
CP-23-0009, issued 09/03/1997, except for the expiration date, the 
requirements of Conditions 5.B, 6.C, 7.C, 8.C, 9.D, 10.B, and 11.B, and 
any of their associated recordkeeping and reporting requirements.
    (2) Delaware County Regional Water Quality Control Authority's 
Western Regional Treatment Plant (DELCORA WRTP), OP-23-0032, issued 03/
12/1997, as revised on 05/16/1997, except for the expiration date and 
the requirements of Conditions 9, 12, 14, 15, 16, and any associated 
recordkeeping and reporting requirements.
    (3) Delbar Products, Inc., OP-09-0025, issued 02/01/96, except for 
the expiration date and the requirements of Conditions 3, 4, 5, 6.A, 
6.B, 6.C.1, 6.C.2, 8 and 9.
    (4) Department of Public Welfare's Norristown State Hospital, OP-46-
0060, issued 01/21/1998, except for the expiration date and Conditions 
3, 4, 5, 8, 9, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24.
    (5) Dopaco, Inc., CP-15-0029, issued 03/06/1996, except for the 
expiration date and the requirements of Conditions 4, 5, 6, 7, 8, 9, 
10.C, 10.D, 10.H.3, 10.H.4, 11, 12, 13, 14, 15, 16, and 17.
    (6) Garlock, Inc., PA-09-0035, issued 03/12/1997, except for the 
expiration date and Conditions 2, 10, 13, 15.B-F.
    (7) Interstate Brands Corporation, PLID 5811, effective 04/10/1995, 
except for Conditions 1.A(1), (2), (4) and (5), 2.B, 2.C, 7, 8, and 9. 
(Note: Interstate Brands Corporation acquired this facility through 
purchase of Continental Baking Company, which was the owner of the 
facility when the RACT permit was issued. Accordingly, Continental 
Baking Company is shown as the facility owner on the permit.)
    (8) J.B. Slevin Company, Inc., OP-23-0013, issued 09/03/1996, except 
for the expiration date and the requirements of Conditions 4, 5.A. and 
8, 9, and 10.
    (9) Laclede Steel Company, OP-09-0023, issued 7/17/1995, except for 
the expiration date and requirements of Conditions 3 and 7.
    (10) LNP Engineering Plastics, Inc., OP-15-0035, issued 10/31/97, 
except for

[[Page 695]]

the expiration date, Conditions 3, 4, 5, 6, 7 (as it relates to non-
criteria pollutants), 10 (as it relates to keeping records required to 
show compliance with Condition 5), 12, 15, 16, and 21.
    (11) Lukens Steel Company, OP-15-0010, issued 05/06/1999, except for 
the expiration date, Conditions 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 
16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 
and 34. Permit Condition 3 lists units subject to RACT requirements. All 
of the listed units are subject to VOC RACT requirements, but only the C 
and D electric arc furnaces, the Drever Furnace, the NAB Furnaces, the 
nine batch heat treatment furnaces, the EMS boiler, the Soaking Pits and 
the ZIP line process are subject to NOX RACT requirements.
    (12) Nabisco Biscuit Co., PLID 3201, effective 04/10/1995, except 
for Conditions 1.A(1), 1.A(3), 1.A(4), 1.A(5), 1.A(6), 2.B, 2.C, 7, 8, 
and 9.
    (13) PECO Energy Company, Croydon Station, OP-09-0016A, issued 12/
20/1996, except for the expiration date, Conditions 4, 5, 7(C), 7(D), 
7(E) and 10.
    (14) PECO Energy Company, Limerick Station, OP-46-0038, issued 7/25/
1995, except for the expiration date, Conditions 4, 5, 8(B), 9(B), 
10(A)(3), 10(C), and 11.
    (15) PECO Energy Company, Fairless Works, OP-09-0066, issued 12/31/
1998, as revised on 04/06/1999, except for the expiration date, 
Conditions 4, 5, 6, 7, and 8, the portion of Condition 10 pertaining to 
sulfur content of fuel oil, the provision of Condition 11 (B) pertaining 
to annual NOX emissions, the provisions in 11(C) regarding 
landfill gas and Condition No. 15.
    (16) PECO Energy Company, West Conshohocken Plant, OP-46-0045A, 
issued 12/04/1997, except for the expiration date and the provisions of 
Conditions 3B, 3C, 3D, 4, 5, 6(B)(2), 7, 8, 9D, 9E, and 9F.
    (17) Pennsylvania Electric Company (owner) and GPU Generation, Inc. 
(operator), Front Street Plant, 25-0041, issued 02/25/1999, except for 
Conditions 7, 8, 9, and 10.
    (18) American Inks and Coatings Corporation, OP 15-0026A, issued 01/
10/1997, except for the expiration date, all ton per year limitations, 
and Conditions 3, 4, 5, 7(A), 8(A), 8(C), 9, 11, 12, 13, and 14.
    (19) Avery Dennison Corporation (Fasson Roll Division), OP 09-0001A, 
issued 10/02/1997, except for the expiration date, Conditions 3, 4, 5, 
7, 8, 9(A)1, 9(A)2, 9(A)3, 9(A)4, 9(A)5, 9(A)7, 9(A)8, 9(A)9, 9(B), 
9(C), 9(D), 10, 11, 12, 13, and 14.
    (20) Cabot Performance Materials, OP 46-0037, issued 04/13/1999, 
except for the expiration date and Conditions 4, 5, 6, 7, 8, 9, 15(b), 
15(c), 16, 17, 18, 19, 20, 21, 22, 23, and 24.
    (21) Cleveland Steel Container Corporation, OP 09-0022, issued 09/
30/1996, except for the expiration date, and the allowable ton-VOC/year 
limits in Condition 4, and Conditions 3, 6, and 8.
    (22) CMS Gilbreth Packaging Systems, OP 09-0036, issued 01/07/1997, 
except for the expiration date and Conditions 3, 4, 19, 20, 21, 22, 23, 
24, 25, 26, and 27.
    (23) CMS Gilbreth Packaging Systems, OP 09-0037, issued 04/10/1997, 
except for the expiration date, Conditions 3, 4, 22, 23, 24, 25, 26, 27, 
28, and 29.
    (24) Congoleum Corporation, OP 23-0021, issued 12/31/1998, except 
for the expiration date and Conditions 3, 4, 5(A), 5(B), 5(D), 5(E), 6, 
7(a), 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 
25, and 26.
    (25) Epsilon Products Company, OP 23-0012, issued 02/15/1996, except 
for the expiration date and Conditions 3, 4(B), 4(C), 7, 9, 10, 12, 13, 
14, and 15.
    (26) Foamex International, Inc., OP 23-0006A, issued 09/30/1996, as 
revised on 3/30/1999, except for the expiration date and Conditions 3, 
4, 5, 8, 9, 10, 11, 12, 13, and 14.
    (27) Forms, Inc., Spectra Graphics, OP 46-0023, issued 11/09/1995, 
as revised on 03/25/1998, except for the expiration date, Conditions 4, 
the VOC lbs/hr limits in Condition 5 for both the heatset and nonheatset 
press materials, 6, 7, 9, 11 and 12.
    (28) Global Packaging, Inc., OP 46-0026, issued 08/30/1996, as 
revised on 12/24/1997, except for the expiration date, Conditions 3, 4, 
5, 6, the nitrogen oxide limits in Condition 7(B), 10, and 11. (Note: 
Pennsylvania issued the revised permit to Global Packaging, Inc. Global 
Packaging, Inc. acquired this facility through purchase of BG Packaging, 
Inc., which had owned the facility when the original RACT permit was

[[Page 696]]

issued. Accordingly, BG Packaging, Inc. is shown as the facility owner 
on the original permit.)
    (29) Jefferson Smurfit Corporation (U.S.), OP 46-0041, issued 04/18/
1997, except for the expiration date, Conditions 3, 4, 5, 15(B), 16, 17, 
18, 19, 20, 21, and 22 and the record keeping and monitoring 
requirements of Condition No. 15(A) associated with Condition 4.
    (30) Jefferson Smurfit Corporation, OP 46-0062, issued 07/15/1996, 
except for the expiration date and Conditions 3 and 5(F).
    (31) Lonza, Inc., OP 46-0025, issued 04/22/1997, as revised on 06/
16/1998, except for the expiration date, Conditions 3, 6, 7, 8, 9, 10, 
11, 12, 13(B), 13(D) and 13(E).
    (32) Markel Corporation, OP 46-0081, issued 04/09/1999, except for 
the expiration date and Conditions 3, 4, 5, 11, 19, 20, 21, 22, 23, 24, 
25, 26, and 27.
    (33) McCorquodale Security Cards, Inc., OP 15-0037, issued 09/03/
1996, except for the expiration date and Conditions 3, 4, 5, 6, 7, 8, 9, 
11, 15, 16, and 17.
    (34) Mike-Rich, Inc., OP 09-0021, issued 12/20/1996, except for the 
expiration date, Conditions 3, 4, 5, 7, and the general conditions 
listed in Condition 8.
    (35) Minnesota Mining and Manufacturing Co. (3M), CP 09-0005, issued 
08/08/1996, except for the expiration date and Conditions 4, 5, 6, 7, 8, 
9, 10, 11(C), 12 (C), 12(D), 13(A), 13(C), 13(D), 14, 15, 16, 17, 18, 
19, 20, 21, and 22.
    (36) MM Biogas Power LLC, OP 46-0067, issued 10/31/1997, except for 
the expiration date and Conditions 3, 4, 7, 9 (as it pertains to the 
Superior engine), 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21.
    (37) Norwood Industries, Inc., OP 15-0014A, issued 12/20/1996, as 
revised on 12/02/1999, except for the expiration date, Conditions 3, 4, 
5, 6(A), 6(B), 6(C), 6(D)1, 6(D)2, 6(D)3, 6(D)5, 6(E), 6(F)1, 6(F)2, 
6(F)3, 6(F)5, 6(F)6, 6(G), 7, 8(A), 8(C), 8(D), 8(F), 8(G), 8(H), 8(I), 
and 9.
    (38) NVF Company, OP 15-0030, issued 04/13/1999, except for the 
expiration date and Conditions 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 
16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 27.
    (39) Occidental Chemical Corporation, OP 46-0015, issued 11/07/1996, 
except for the expiration date and Conditions 4, 5, 6(A), the capacity 
factor in 6(B), 6(E), 7, 8(A), 8(C), 8(D)1, 8(D)2a, 8(D)2b, 8(D)2c, 
8(D)2d, 8(D)5, 8(E), 9, 10, 11(B), 12.
    (40) Philadelphia Newspapers, Incorporated, OP 46-0012, issued 08/
30/1996, as revised on 03/15/2000, except for the expiration date, and 
Conditions 3, 4(A), 5, 9, and 11.
    (41) Procter & Gamble Paper Products Company, OP 66-0001, issued 04/
04/1997, except for the expiration date, and Conditions 3, 4, 6, 7, 8, 
9, 10, 11, 14, 15, 17, 18, 19, 20, 21, and 22.
    (42) Quebecor Printing Atglen, Inc., OP 15-0002, issued 12/10/1996 
except for the expiration date and Conditions 3, 4(A) except as it 
relates to cleaning solvents, 4(B), 4(C), 5, 6, 7, 8(A), 8(B) and 8(D).
    (43) Sartomer Company, Inc., OP 15-0015, issued 01/17/1996, as 
revised on 03/25/1998, except for the expiration date and Conditions 3, 
4, 5, 8, 13, 14, 15(A), and 16.
    (44) Silberline Manufacturing Company, Inc., OP 54-0041, issued 04/
19/1999, except for the expiration date and Conditions 3, 4, 5, 6, 9, 
12, 13, 14, 15, 16, 17, 18, 19, 20, and 21.
    (45) SmithKline Beecham Research Company, OP 46-0031, issued 10/31/
1997, as revised on 05/01/1998, except for the expiration date and 
Conditions 3, 4, 5(a) as it pertains to the Cleaver Brooks boiler rated 
at 31.4 MMbtu/hr., 6(b), and 6(c).
    (46) Sullivan Graphics, Inc., OP 67-2023, issued 08/22/1995, except 
for the expiration date and Conditions 4, 5, 9(c), 9(d), 10, 19, 20, and 
24.
    (47) Sun Company, Inc. (R&M), OP 23-0010, issued 10/31/1996, except 
for the expiration date and Conditions 3, 4, 6, 7, 8 and 10.
    (48) Sun Company, Inc. (R&M), OP 23-0011, issued 10/31/1996, except 
for the expiration date and Conditions 3, 4, 6 and 8.
    (49) Universal Packaging Corporation, OP 46-0156, issued 04/08/1999, 
except for the expiration date, and Conditions 3, 4, 5, 9 and 11.
    (50) Zenith Products Corporation, OP 23-0008, issued 04/07/1997, 
except for the expiration date, and Conditions 4, 6, 7, 8(A), 8(B), 
9(B), 10, 11, and 12.
    (51) Budd Company, PLID 51-1564, effective 12/28/1995, except for 
Conditions 7, 8 and 9.

[[Page 697]]

    (52) Bellevue Cogeneration Plant, PLID 06513, effective 4/10/1995, 
except for Conditions 1.A(2), 2.B, 4.B, 7, 8 and 9.
    (53) MSC Pre Finish Metals, Inc., OP-09-0030, issued 11/7/1996, as 
revised on 03/31/1998, except for the expiration date and Conditions 3, 
4, 5, 6.A, 6.B.1, 6.B.5, 6.B.9, 6.C, 6.D.1 (a, b, and e), 8.A, 8.B, 9, 
10.E, and 11.
    (54) Temple University, Health Sciences Center, PLID 8906, effective 
5/27/1995, excluding Conditions 1.A(2), 2.B, 6, 7, and 8.
    (55) Trigen--Schuylkill Station, PLID 04942, effective 5/29/1995, 
except for Conditions related to low NOX burners found at 
1.B(1) and 2(A), the provision in Condition 3.A(1) limiting 
NOX emissions to 1646 tons per year, 4 (B), 7, 8, and 9.
    (56) Trigen--Edison Station, PLID 4902, effective 5/29/1995, 
excluding portions of Condition 3.A.(1) limiting NOX 
emissions in tons per year and Conditions 7, 8, and 9.
    (C) Letters from the Pennsylvania Department of Environmental 
Protection, dated 09/21/2000, and 10/20/2000, in which Pennsylvania 
provided supplementary information regarding many of the permits listed 
in i(B) above, and in which Pennsylvania specified the permit 
conditions, listed in i(B) above, which it did not wish to have 
incorporated into the Pennsylvania State Implementation Plan.
    (144) [Reserved]
    (145) Revisions to the Pennsylvania State Implementation Plan 
adopting the Nitrogen Oxides Allowance Requirements submitted on 
December 19, 1997 and December 27, 1999 by the Secretary of the 
Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of December 19, 1997 from the Secretary of the 
Pennsylvania Department of the Environmental Protection transmitting the 
Nitrogen Oxides Allowance Requirements.
    (B) Letter of December 27, 1999 from the Secretary of the 
Pennsylvania Department of the Environmental Protection transmitting the 
Nitrogen Oxides Allowance Requirements.
    (C) Revisions to 25 PA Code, Chapters 121 and 123 pertaining to 
Nitrogen Oxides Allowance Requirements, effective November 1, 1997.
    (1) Revisions to section 121.1--definitions of: account, account 
number, acquiring account, compliance account, electric generating 
facility, fossil fuel, fossil fuel fired, general account, heat input, 
indirect heat exchange combustion unit, maximum heat input capacity, 
NATS-NOX allowance tracking system, NETS-NOX 
emissions tracking system, NOX allocation, NOX 
allowance, NOX allowance CEMS-NOX allowance 
continuous emission monitoring system, NOX allowance control 
period, NOX allowance curtailment, NOX allowance 
deduction, NOX allowance transfer, NOX allowance 
transfer deadline, NOX budget, NOX budget 
administrator, OTC MOU-ozone transport commission memorandum of 
understanding, replacement source.
    (2) Addition of sections 123.101 through 123.120, except for section 
123.115.
    (D) Revisions to 25 PA Code, Chapters 121 and 123 pertaining to 
Nitrogen Oxides Allowance Requirements, effective March 11, 2000.
    (1) Revisions to section 121.1--definition of NOX 
affected source.
    (2) Addition of section 123.115 and Appendix E.
    (ii) Additional material.
    (A) Nitrogen Oxide (NOX) Memorandum of Understanding 
Implementation Plan of December 9, 1997.
    (B) Letter of March 31, 2000 from the Director of the Pennsylvania 
Department of the Environmental Protection amending the Chapter 123 
NOX Allowance Program.
    (146) [Reserved]
    (147) Revisions to the Pennsylvania Regulations pertaining to 
certain VOC regulations submitted on March 6, 2000 by the Pennsylvania 
Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of March 6, 2000 from the Pennsylvania Department of 
Environmental Protection transmitting the revisions to VOC regulations.
    (B) Addition of the term ``less water'' to 25 PA Code Chapter 129, 
Standard for Sources, at section 129.67(b)(2) Graphic Arts Systems; 
addition of paragraph (h) to 25 PA Code Chapter 129, Standard for 
Sources, at section 129.56, Storage

[[Page 698]]

Tanks Less than 40,000 Gallons Capacity Containing VOCs; and revisions 
to 25 PA Code Chapter 128 to remove section 128.14, pertaining to the 
Minnesota Mining and Manufacturing Company, Bristol, Pennsylvania. These 
revisions became effective on September 5, 1998.
    (ii) Additional Materials--Remainder of March 6, 2000 submittal.
    (148) Revisions to the Pennsylvania Regulations pertaining to 
certain VOC regulations submitted on March 6, 2000 by the Pennsylvania 
Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of March 6, 2000 from the Pennsylvania Department of 
Environmental Protection transmitting the revisions to VOC regulations.
    (B) Addition of definitions to 25 PA Code Chapter 121, General 
Provisions, at section 121.1 Definitions; addition of new section to 25 
PA Code Chapter 129, Standards For Sources, section 129.75, Mobile 
Equipment Repair and Refinishing. These revisions became effective on 
November 27, 1999.
    (ii) Additional material.
    (A) Remainder of the March 6, 2000 submittal.
    (149) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT, submitted on August 1, 1995, 
November 15, 1995, December 8, 1995, January 10, 1996, February 20, 
1996, April 16, 1996, May 2, 1996, September 13, 1996, October 18, 1996, 
January 21, 1997, May 29, 1998, April 9, 1999, April 20, 1999, October 
26, 1999 and May 1, 2000.
    (i) Incorporation by reference.
    (A) Letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations, in the form of plan approvals, 
operating permits, or compliance permits, or supplementary information, 
on the following dates: On August 1, 1995, November 15, 1995, December 
8, 1995, January 10, 1996, February 20, 1996, April 16, 1996, May 2, 
1996, September 13, 1996, October 18, 1996, January 21, 1997, May 29, 
1998, April 9, 1999, April 20, 1999, October 26, 1999 and May 1, 2000.
    (B) Plan approvals (PA) or Operating permits (OP):
    (1) Advanced Glassfiber Yarns LLC, Huntingdon County, OP-31-02002, 
effective April 13, 1999, except for the expiration date and condition 
3.
    (2) Armstrong World Industries, Inc., Beech Creek, Clinton County, 
OP-18-0002, effective July 6, 1995, except for the expiration date and 
conditions 3, 4, 5, 7, 10, and 17 through 20 inclusive.
    (3) Bemis Company, Inc., Luzerne County, OP-40-0007A, effective 
October 10, 1995, except for the expiration date and conditions 11 
through 14 inclusive.
    (4) Brentwood Industries Inc., Berks County, PA-06-1006A, effective 
June 3, 1999, except for the expiration date and conditions 4 and 14.
    (5) CertainTeed Corporation, Mountaintop, Luzerne County, OP-40-
0010, effective May 31, 1996, except for the expiration date and 
conditions 6 through 11 inclusive.
    (6) CNG Transmission Corp., Ardell Station, Elk County. OP 24-120, 
effective September 30, 1995, except for the expiration date and 
conditions 3, 6, and 8 through 11 inclusive.
    (7) CNG Transmission Corporation, Finnnefrock Station, Clinton 
County, PA-18-0003A, effective February 29, 1996, except for the 
expiration date and conditions 6, 7, and 9 through 19 inclusive.
    (8) Consol Pennsylvania Coal Company, Bailey Prep Plant, Greene 
County, OP-30-000-072, effective March 23, 1999, except for the 
expiration date and conditions 11 through 14 inclusive.
    (9) Consolidated Rail Corporation (CONRAIL), Hollidaysburg Car Shop, 
Blair County, OP-07-2002, effective August 29, 1995, except for the 
expiration date and conditions 3, 5, 6, 11 and 12.
    (10) Consolidated Rail Corporation (CONRAIL), Juniata Locomotive 
Shop, Blair County, OP-07-2003, effective August 29, 1995, except for 
the expiration date and conditions 3, 5, 7, 8, and 9.
    (11) Containment Solutions, Inc., Huntingdon County, OP-31-02005, 
effective April 9, 1999, except for the expiration date and condition 3.
    (12) Cooper Energy Services, Grove City, Mercer County, OP-43-003, 
effective July 25, 1996, except for conditions 3, 4, 10 and 11.
    (13) Cyprus Cumberland Resources Corp., Greene County, OP-30-000-
040, effective March 26, 1999, except for the expiration date and 
conditions 7, 8, 10, 11 and 12.

[[Page 699]]

    (14) Defense Distribution Susquehanna, York County, OP-67-02041, 
effective February 1, 2000, except for the expiration date and condition 
3; Condition 4. (Sources, Continued), Paragraphs I.d. and III; General 
Conditions, conditions 5 and 8; Presumptive RACT, conditions 9 and 10; 
Stack Test, conditions 11 through 14 inclusive, 16 and 17; and 
Recordkeeping and Reporting, conditions 18 through 22 inclusive.
    (15) EMI Company, Erie County, OP-25-070, effective October 24, 
1996.
    (16) Empire Sanitary Landfill, Inc., Lackawanna County, OP-35-0009, 
effective October 17, 1996, except for the expiration date and 
conditions 14, 15 and 16.
    (17) Equitrans, Inc., Rogersville Station, Greene County, 30-000-
109, effective July 10, 1995, except for the expiration date and 
conditions 4, 5 and 6.
    (18) Equitrans, Inc., Pratt Station, Greene County, 30-000-110, 
effective July 10, 1995, except for the expiration date and conditions 
4, 5, 6, 9 and 11 through 20 inclusive.
    (19) Erie Coke Corporation, Erie County, OP 25-029, effective June 
27, 1995, except for conditions 5, and 10 through 15 inclusive.
    (20) Fleetwood Folding Trailers, Inc., Somerset County, 56-000-151, 
effective February 28, 1996, except for the expiration date and 
condition 5.
    (21) Gichner Systems Group, Inc., York County, 67-2033, effective 
August 5, 1997, except for the expiration date and conditions 3, 5, 6 
and 7.
    (22) Offset Paperback Manufacturers, Inc, Luzerne County, 40-0008, 
effective April 16, 1999, except for the expiration date and conditions 
3, 4 and 16 through 20 inclusive.
    (23) Overhead Door Corporation, Mifflin County, 44-2011, effective 
June 4, 1997, except for the expiration date and conditions 3 and 11.
    (24) Sanyo Audio Manufacturing (USA), 44-2003, effective June 30, 
1995, except for the expiration date and conditions 3, 4, and 7 through 
10 inclusive.
    (25) Stroehmann Bakeries, Inc., Luzerne County, 40-0014A, effective 
May 30, 1995, except for the expiration date and conditions 4, 7, 8, 9, 
10 and 12.
    (ii) Additional materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the sources listed in (i) (B), above.
    (150) [Reserved]
    (151) Revisions to the Allegheny County Air Pollution Control 
Regulations governing gasoline volatility requirements submitted on 
March 23, 2000 by the Pennsylvania Department of Environmental 
Protection:
    (i) Incorporation by reference.
    (A) Letter of March 23, 2000 from the Pennsylvania Department of 
Environmental Protection transmitting the revisions to the low RVP 
gasoline volatility requirements for Allegheny County, Pennsylvania.
    (B) The following revision to Article XXI, Rules and Regulations of 
the Allegheny County Health Department, effective May 15, 1998.
    (1) Regulation 2101.20--definitions of ``carrier,'' ``distributor,'' 
``importer,'' ``low RVP gasoline,'' ``oxygenate,'' ``refiner,'' 
``refinery,'' ``reseller,'' ``retail outlet,'' ``retailer,'' ``RFG,'' 
``RVP,'' ``terminal,'' ``wholesale purchaser-consumer.''
    (2) Regulation 2107.15--Gasoline Volatility and RFG Methods.
    (3) Regulation 2105.90--Gasoline Volatility, Paragraphs a and b.
    (C) The following revision to Article XXI, Rules and Regulations of 
the Allegheny County Health Department, effective September 1, 1999.
    (1) Regulation 2101.20--definition of ``compliant fuel.''
    (2) Regulation 2105.90--Gasoline Volatility, Paragraphs c, d, and e.
    (ii) Remainder of the March 23, 2000 submittal pertaining to Article 
XXI, regulations 2101.20, 2105.09, and 2107.15 as described above.
    (152) Revisions to the Commonwealth of Pennsylvania Regulations 
pertaining to certain VOC regulations submitted on October 4, 2000 by 
the Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of October 4, 2000 from the Pennsylvania Department of 
Environmental Protection transmitting the revisions to VOC regulations.
    (B) Revisions to 25 PA Code, effective June 10, 2000.

[[Page 700]]

    (1) Additions, Deletions and Revisions to Chapter 121, General 
Provisions, section 121.1, Definitions.
    (2) Revisions to Chapter 129, Standards for Sources, Sources of VOC, 
section 129.52, Surface Coating Processes.
    (3) Revision to Chapter 129, Standards for Sources, section 129.91, 
Control of Major Sources of NOX and VOCs, subsection (a).
    (4) Addition to Chapter 129, Standards for Sources of sections 
129.101-129.107, Wood Furniture Manufacturing Operations.
    (5) Revisions to Chapter 139, Sampling and Testing, section 139.4, 
References, and section 139.14, Emissions of VOCs.
    (ii) Additional Materials--Remainder of October 4, 2000 submittal.
    (153) Revisions to the Commonwealth of Pennsylvania Regulations 
pertaining to Stage II VOC control requirements for Southwest 
Pennsylvania submitted on March 6, 2000 by the Pennsylvania Department 
of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of March 6, 2000 from the Pennsylvania Department of 
Environmental Protection transmitting the revisions to the Stage II VOC 
control requirements for Southwest Pennsylvania.
    (B) Revisions to 25 PA Code, Chapter 129, Standards for Sources at 
section 129.82, Control of VOCs from gasoline dispensing facilities 
(Stage II). These revisions became effective on April 10, 1999.
    (ii) Additional Material--Remainder of March 6, 2000 submittal.
    (154) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to VOC and NOX RACT for Merck and Company Inc.'s 
West Point facility, submitted by the Pennsylvania Department of 
Environmental Protection on July 2, 1997, as amended August 9, 2000.
    (i) Incorporation by reference.
    (A) Letter submitted on July 2, 1997 by the Pennsylvania Department 
of Environmental Protection transmitting VOC and NOX RACT 
determinations in the form of an operating permit (OP-46-0005) for Merck 
and Company Inc.'s West Point facility located in Montgomery County 
Pennsylvania.
    (B) Letter submitted on August 9, 2000 by the Pennsylvania 
Department of Environmental Protection transmitting VOC and 
NOX RACT determinations in the form of an operating permit 
(OP-46-0005) for Merck and Company Inc.'s West Point facility located in 
Montgomery County Pennsylvania.
    (C) Letter submitted on February 1, 2001 by the Pennsylvania 
Department of Environmental Protection providing supplementary 
clarifying information regarding Merck's operating permit (OP-46-0005), 
in which Pennsylvania specified the portions of the permit, as listed in 
paragraph (c)(154)(i)(D) of this section, which it did not wish to have 
incorporated into the Pennsylvania State Implementation Plan.
    (D) Operating Permit for Merck and Company, Incorporated (OP 46-
0005) issued on January 13, 1997, as revised and effective on June 23, 
2000, except for the expiration date and the requirements of Conditions 
5. C., 5. D.1., 5.F.2., 5.F.3., 5.F.4., 5.F.5., 6.C., 6.D.3., 7.C., 
7.D.2., 8.B., 8.D., 9.B., 10.B., 10.F., 11.A., 11.C., 12.B., 12.C., 
13.A., 13.B., 13.C., the annual NOX limits in 13.D., 14.A.1., 
14.A.2., 14.A.3., 14.B., the words ``opacity and'' in 14.C., 14.D.1., 
14.D.2., 15.A.1., 15.B., 15.C.1.i., 15.C.1.ii., 15.C.2., 15.D.1., 
15.D.2., 15.D.3. 15.D.4., 15.E., 15.F., 16., 17.B., 17.D., 17.F.1., 
17.F.2., the ``2.4 tons per year as a 12-month rolling sum calculated 
monthly'' portion of condition 17.F.4., 18.A.2., 18.B., 19., 20., 21.B., 
21.C., 22., 23., 24., 25., 26., 27., and Appendix A.
    (ii) Additional Material.
    (A) Remainder of the July 2, 1997 submittal pertaining to Merck and 
Company, Inc.'s West Point facility located in Montgomery County.
    (B) Remainder of the August 9, 2000 submittal pertaining to Merck 
and Company, Inc.'s West Point facility located in Montgomery County.
    (C) Remainder of the February 1, 2001 submittal pertaining to Merck 
and Company, Inc.'s West Point facility located in Montgomery County.
    (155) Revisions to the Pennsylvania Regulations pertaining to 
certain VOC regulations submitted on March 6, 2000 by the Pennsylvania 
Department of Environmental Protection:
    (i) Incorporation by reference.

[[Page 701]]

    (A) Letter of March 6, 2000 from the Pennsylvania Department of 
Environmental Protection transmitting the revisions to VOC regulations.
    (B) Addition of definitions to 25 PA Code Chapter 121, General 
Provisions, at section 121.1, Definitions; addition of new section to 25 
PA Code, Chapter 129, Standards For Sources, section 129.73, Aerospace 
manufacturing and rework; and revisions to Chapter 129, Standards For 
Sources, section 129.51, General. These revisions became effective on 
April 10, 1999.
    (ii) Additional material. Remainder of March 6, 2000 submittal.
    (156) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and NOX RACT determinations for sources 
located in the Philadelphia area submitted by the Pennsylvania 
Department of Environmental Protection on September 20, 1995, April 16, 
1996, May 2, 1996, July 2, 1997, July 24, 1998, December 7, 1998, April 
9, 1999, and April 20, 1999.
    (i) Incorporation by reference.
    (A) Letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations, in the form of plan approvals and 
operating permits on September 20, 1995, April 16, 1996, May 2, 1996, 
July 2, 1997, July 24, 1998, December 7, 1998, April 9, 1999, and April 
20, 1999.
    (B) Plan approvals (PA), Operating permits (OP) issued to the 
following sources:
    (1) Amerada Hess Corp., PA-51-5009, for PLID 5009, effective May 29, 
1995.
    (2) Amoco Oil Company, PA-51-5011, for PLID 5011, effective May 29, 
1995.
    (3) Cartex Corporation, OP-09-0076, effective April 9, 1999, except 
for the expiration date.
    (4) Exxon Company, U.S.A., PA-51-5008, for PLID 5008, effective May 
29, 1995.
    (5) GATX Terminals Corporation, PA-51-5003, for PLID 5003, effective 
May 29, 1995.
    (6) Hatfield, Inc., OP-46-0013A, effective January 9, 1997 (as 
revised October 1, 1998), except for the expiration date.
    (7) J. L. Clark, Inc., OP-36-02009, effective April 16, 1999, except 
for the expiration date.
    (8) Johnson Matthey, Inc., OP-15-0027, effective August 3, 1998 (as 
revised April 15, 1999), except for the expiration date.
    (9) Kurz Hastings, Inc., PA-51-1585, for PLID 1585, effective May 
29, 1995.
    (10) Lawrence McFadden, Inc., PA-51-2074, for PLID 2074, effective 
June 11, 1997.
    (11) Philadelphia Baking Company, PA-51-3048, for PLID 3048, 
effective April 10, 1995.
    (12) Philadelphia Gas Works, PA-51-4921, for PLID 4921, effective 
May 29, 1995.
    (13) PPG Industries, Inc., OP-23-0005, effective June 4, 1997, 
except for the expiration date.
    (14) SmithKline Beecham Pharmaceuticals, OP-46-0035, effective March 
27, 1997 (as revised October 20, 1998), except for the expiration date.
    (15) Teva Pharmaceuticals USA, OP-09-0010, effective April 9, 1999, 
except for the expiration date.
    (16) The Philadelphian Condominium Building, PA-51-6512, for PLID 
6512, effective May 29, 1995.
    (17) Warner Company, OP-15-0001, effective July 17, 1995 except for 
the expiration date.
    (18) Webcraft Technologies, Inc., OP-09-0009, effective April 18, 
1996 (as revised October 15, 1998), except for the expiration date.
    (ii) Additional materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the sources listed in paragraph (c)(156)(i)(B) of 
this section.
    (157) Approval of revisions to the Allegheny County Regulations, 
Article XXI pertaining to Major Sources of Nitrogen Oxides and Volatile 
Organic Compounds and Definitions for Major Source, Potential Emissions 
and Low NOX burner with separate overfire air submitted on 
October 30, 1998, by the Pennsylvania Department of Environmental 
Protection on behalf of Allegheny County Health Department:
    (i) Incorporation by reference.
    (A) The letter dated October 30, 1998, from the Pennsylvania 
Department of Environmental Protection transmitting Allegheny County's 
Generic VOC and NOX RACT regulations, Appendix 33; Article 
XXI, Section 2105.06--Major

[[Page 702]]

Sources of Nitrogen Oxides and Volatile Organic Compounds and Section 
2101.20--Definition for Major Source, Potential Emissions and Low 
NOX Burner with Separate Overfire Air.
    (B) Additions of the following Article XXI definitions and 
regulations, effective October 20, 1995:
    (1) Regulation 2101.20--definitions of ``major source'' 
(introductory paragraph, paragraphs (d) and (e) and closing paragraph; 
only), ``potential emissions'' and ``low NOX burner with 
separate overfire air.''
    (2) Regulation 2105.06--Major Sources of Nitrogen Oxides and 
Volatile Organic Compounds.
    (ii) Additional Material--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(157)(i) of this 
section.
    (158) Revision pertaining to NOX RACT for the Latrobe 
Steel Company located in Latrobe Borough, Westmoreland County, submitted 
by the Pennsylvania Department of Environmental Protection on March 21, 
1996.
    (i) Incorporation by reference.
    (A) Letter submitted on March 21, 1996 by the Pennsylvania 
Department of Environmental Protection transmitting source-specific VOC 
and/or NOX RACT determinations.
    (B) Operating Permit 65-000-016, effective December 22, 1995, for 
the Latrobe Steel Company in Latrobe Borough, Westmoreland County, 
except for the specified Permit Term: 12/22/95--12/22/00.
    (ii) Additional materials. Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determination for the source listed in paragraph (c)(158)(i)(B) of this 
section.
    (159) Revision pertaining to VOC and NOX RACT for the 
Allegheny Ludlum Corporation, Brackenridge facility, submitted by the 
Pennsylvania Department of Environmental Protection on July 1, 1997.
    (i) Incorporation by reference.
    (A) Letter submitted on July 1, 1997 by the Pennsylvania Department 
of Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations.
    (B) Consent Order No. 260, effective December 19, 1996, for the 
Allegheny Ludlum Corporation, Brackenridge facility, except for 
conditions 1.8 and 2.5.
    (ii) Additional materials. Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determination for the source listed in paragraph (c)(159)(i)(B) of this 
section.
    (160) Revisions pertaining to NOX and/or VOC RACT for 
major sources, located in the Pittsburgh-Beaver Valley ozone 
nonattainment area, submitted by the Pennsylvania Department of 
Environmental Protection on July 1, 1997, and April 9, 1999.
    (i) Incorporation by reference.
    (A) Letters dated July 1, 1997 and April 9, 1999, submitted by the 
Pennsylvania Department of Environmental Protection transmitting source-
specific VOC and/or NOX RACT determinations.
    (B) The following sources' Enforcement Order (EO) or Operating 
Permit (OP):
    (1) Kosmos Cement Company, EO 208, effective December 19, 1996, 
except for condition 2.5.
    (2) Armstrong Cement & Supply Company, OP 10-028, effective March 
31, 1999.
    (ii) Additional materials. Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the sources listed in paragraph (c)(160)(i)(B) of 
this section.
    (161) Revisions pertaining to NOX and/or VOC RACT for 
major sources, located in the Pittsburgh-Beaver Valley ozone 
nonattainment area, submitted by the Pennsylvania Department of 
Environmental Protection on January 6, 1995, September 13, 1996, and 
July 1, 1997.
    (i) Incorporation by reference.
    (A) Letters from the Pennsylvania Department of Environmental 
Protection dated January 6, 1995, September 13, 1996, and July 1, 1997, 
transmitting source-specific VOC and/or NOX RACT 
determinations.
    (B) The following companies' Plan Approvals (PA), or Consent Orders 
(CO):
    (1) Duquesne Light Company's Cheswick Power Station, CO 217, 
effective March 8, 1996, except for condition 2.5.

[[Page 703]]

    (2) Duquesne Light Company's Elrama Plant, PA 63-000-014, effective 
December 29, 1994.
    (3) Pennsylvania Electric Company's Keystone Generating Station, PA 
03-000-027, effective December 29, 1994.
    (ii) Additional materials.
    (A) The federally enforceable Major Modification PSD Permit, ACHD 
Permit 0056, issued on March 5, 2001 to Orion Power Midwest 
L.P. for its Brunot Island Power Station (formerly owned by Duquesne 
Light Company).
    (B) The Consent Order and Agreement, dated April 15, 1999, between 
the Commonwealth of Pennsylvania, Department of Environmental Protection 
and Duquesne Light Company, INC., regarding NOX Allowances, 
which states that the emission reductions resulting from the curtailment 
of operations at the Phillips Station prior to April 15, 1999 are not 
eligible to be used to generate emission reduction credits (ERCs) and 
cannot be used as creditable emission reductions in any New Source 
Review (NSR) applicability determination.
    (C) Other materials submitted by the Commonwealth of Pennsylvania in 
support of and pertaining to the RACT determinations for the sources 
listed in paragraph (c)(161)(i)(B) of this section.
    (162) Revisions pertaining to VOC RACT for IDL, Incorporated; 
Oakmont Pharmaceutical, Inc.; and USAir, Inc. located in the Pittsburgh-
Beaver Valley ozone nonattainment area, submitted by the Pennsylvania 
Department of Environmental Protection on July 1, 1997.
    (i) Incorporation by reference.
    (A) Letter submitted by the Pennsylvania Department of Environmental 
Protection transmitting source-specific VOC RACT determinations dated 
July 1, 1997.
    (B) Plan Approval and Agreement Upon Consent Orders (COs) for the 
following sources:
    (1) IDL, Incorporated, CO 225, effective July 18, 1996, except for 
condition 2.5.
    (2) Oakmont Pharmaceutical, Inc., CO 252, effective December 19, 
1996, except for condition 2.5.
    (3) U.S. Air, Inc., CO 255, effective January 14, 1997, except for 
condition 2.5.
    (ii) Additional materials. Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations submitted for the sources listed in paragraph 
(c)(162)(i)(B) of this section.
    (163) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and NOX RACT, submitted by the Pennsylvania 
Department of Environmental Protection on April 9, 1999 and July 5, 
2001.
    (i) Incorporation by reference.
    (A) Letter submitted on April 9, 1999 by the Pennsylvania Department 
of Environmental Protection transmitting source-specific RACT 
determinations in the form of operating permits.
    (B) Operating permits (OP) for the following sources:
    (1) Lukens Steel Corporation, Houston Plant; OP 63-000-080, 
effective date 02/22/99, except for the Permit Term and conditions 13.--
16., inclusive.
    (2) Allegheny Ludlum Steel Corporation, West Leechburg Plant; OP 65-
000-183, effective date 03/23/99, except for the Permit Term.
    (3) Allegheny Ludlum Corporation, Jessop Steel Company Washington 
Plant; OP 63-000-027, effective date 03/26/99, except for the Permit 
Term and conditions 11.--14., inclusive.
    (C) Letter submitted on July 5, 2001 by the Pennsylvania Department 
of Environmental Protection transmitting source-specific RACT 
determinations in the form of operating permits.
    (D) Koppel Steel Corporation, Koppel Plant's OP 04-000-059, 
effective date, 3/23/01, except for the Permit Term.
    (ii) Additional materials. Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the sources listed in paragraphs (c)(163)(i)(B) and 
(D) of this section.
    (164) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and NOX RACT, submitted by the Pennsylvania 
Department of Environmental Protection on August 1, 1995, December 8, 
1995, April 16, 1996, July 1, 1997, July 2, 1997, January 21, 1997, and 
February 2, 1999.
    (i) Incorporation by reference.

[[Page 704]]

    (A) Letters submitted by the Pennsylvania Department of 
Environmental Protection dated August 1, 1995, December 8, 1995, April 
16, 1996, July 1, 1997, July 2, 1997, January 21, 1997, and February 2, 
1999, transmitting source-specific RACT determinations.
    (B) The following companies' Operating Permits (OP) or Enforcement 
Order (EO):
    (1) Consolidated Natural Gas Transmission Corporation, Beaver 
Station, OP 04-000-490, effective June 23, 1995.
    (2) Consolidated Natural Gas Transmission Corporation, Oakford 
Station, OP 65-000-837, effective October 13, 1995.
    (3) Consolidated Natural Gas Transmission Corporation, South Oakford 
Station, OP 65-000-840, effective October 13, 1995.
    (4) Consolidated Natural Gas Transmission Corporation, Tonkin 
Station, OP 65-000-634, effective October 13, 1995.
    (5) Consolidated Natural Gas Transmission Corporation, Jeannette 
Station, OP 65-000-852, effective October 13, 1995.
    (6) Carnegie Natural Gas Company, Creighton Station, EO 213, 
effective May 14, 1996, except for condition 2.7.
    (7) Texas Eastern Transmission Corporation, Uniontown Station, OP 
26-000-413, effective December 20, 1996.
    (8) Consolidated Natural Gas Transmission Corporation, South Bend 
Station, OP 03-000-180, effective December 2, 1998.
    (ii) Additional materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the sources listed in paragraph (c)(164)(i)(B) of 
this section.
    (165) Revisions pertaining to VOC and NOX RACT for major 
sources, located in the Pittsburgh-Beaver Valley ozone nonattainment 
area, submitted by the Pennsylvania Department of Environmental 
Protection on July 1, 1997 and April 19, 2001.
    (i) Incorporation by reference.
    (A) Letters dated July 1, 1997 and April 19, 2001, submitted by the 
Pennsylvania Department of Environmental Protection transmitting source-
specific VOC and NOX RACT determinations.
    (B) Plan Approval and Agreement Upon Consent Orders (COs) and an 
Enforcement Order (EO) for the following sources:
    (1) Pruett Schaffer Chemical Company, CO 266, effective September 2, 
1998, except for condition 2.5.
    (2) PPG Industries, Inc., CO 254, effective December 19, 1996, 
except for condition 2.5.
    (3) Reichhold Chemicals, Inc., CO 218, effective December 19, 1996, 
except for condition 2.5.
    (4) Reichhold Chemicals, Inc., CO 219, effective February 21, 1996, 
except for condition 2.5.
    (5) Valspar Corporation, EO 209, effective March 8, 1996, except for 
condition 2.5.
    (ii) Additional materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations submitted for the sources listed in paragraph 
(c)(165)(i)(B) of this section.
    (166) Revisions pertaining to VOC and NOX RACT for 
Ashland Chemical Company; Hercules, Incorporated; and Neville Chemical 
Company located in the Pittsburgh-Beaver Valley ozone nonattainment 
area, submitted by the Pennsylvania Department of Environmental 
Protection on July 1, 1997 and April 19, 2001.
    (i) Incorporation by reference.
    (A) Letters dated July 1, 1997 and April 19, 2001, submitted by the 
Pennsylvania Department of Environmental Protection transmitting source-
specific VOC and NOX RACT determinations.
    (B) Plan Approval and Agreement Upon Consent Orders (COs) and an 
Enforcement Order (EO) for the following sources:
    (1) Ashland Chemical Company, CO 227, effective December 30, 1996, 
except for condition 2.5.
    (2) Hercules, Incorporated, EO 216, effective March 8, 1996.
    (3) Hercules, Incorporated, CO 257, except for condition 2.5, 
effective January 14, 1997, including amendments to CO 257, effective 
November 1, 1999.
    (4) Neville Chemical Company, CO 230, effective December 13, 1996, 
except for condition 2.5.
    (ii) Additional materials. Other materials submitted by the 
Commonwealth of Pennsylvania in support of

[[Page 705]]

and pertaining to the RACT determinations submitted for the sources 
listed in paragraph (c)(166)(i)(B) of this section.
    (167) Revisions pertaining to VOC and NOX RACT for major 
sources, located in the Pittsburgh-Beaver Valley ozone nonattainment 
area, submitted by the Pennsylvania Department of Environmental 
Protection on March 21, 1996, July 1, 1997, April 9, 1999 and April 19, 
2001.
    (i) Incorporation by reference.
    (A) Letters dated March 21, 1996, July 1, 1997, April 9, 1999 and 
April 19, 2001 submitted by the Pennsylvania Department of Environmental 
Protection transmitting source-specific VOC and/or NOX RACT 
determinations, in the form of plan approvals, operating permits, and 
consent orders.
    (B) Plan approvals (PA), Operating permits (OP), or Consent Orders 
(CO) for the following sources:
    (1) Anchor Glass Container Corporation., Plant 5, PA-26-000-119, 
effective December 20, 1996.
    (2) Anchor Hocking Specialty Glass Co., Phoenix Glass Plant, OP-04-
000-084, effective October 13, 1995.
    (3) Corning Consumer Products Company, Charleroi Plant., PA-63-000-
110, effective January 4, 1996, except for the third sentence of 
condition 3 (which references condition 13), and conditions 5, 6, 7, 13 
in their entirety.
    (4) General Electric Company, CO-251, effective December 19, 1996, 
except for condition 2.5.
    (5) Glenshaw Glass Company, Inc., CO-270, effective March 10, 2000, 
except for condition 2.5.
    (6) Guardian Industries, Corp., CO-242, effective August 27, 1996, 
except for conditions 2.5.
    (7) Allegheny County Sanitary Authority, CO-222, effective May 14, 
1996, except for condition 2.5.
    (8) Browning-Ferris Industries., Findlay Township Landfill, CO-231A, 
effective April 28, 1997, except for condition 2.5.
    (9) Chambers Development Company, Monroville Borough Landfill, CO-
253, effective December 30, 1996, except for condition 2.5.
    (10) Kelly Run Sanitation, Forward Township Landfill, CO-236, 
effective January 23, 1997, except for condition 2.5.
    (ii) Additional materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the sources listed in paragraph (c)(167)(i)(B) of 
this section.
    (168) Revisions submitted on October 30, 2000 and March 28, 2001 by 
the Secretary of the Pennsylvania Department of Environmental Protection 
requesting approval of Pennsylvania's Nitrogen Oxides Budget Trading 
Program :
    (i) Incorporation by reference.
    (A) Letters of October 30, 2000 and March 28, 2001 from the 
Secretary of the Pennsylvania Department of Environmental Protection 
transmitting regulatory amendments to 25 PA Code to implement the 
Nitrogen Oxides Budget Trading Program .
    (B) Revisions to 25 PA Code, amending Chapter 123 and adding Chapter 
145 pertaining to the Nitrogen Oxides Budget Trading Program, effective 
on September 23, 2000.
    (1) Revisions to section 123.115.
    (2) Addition of section 123.121.
    (3) Addition of sections 145.1 through 145.7, 145.10 through 145.14, 
145.30, 145.31, 145.40 through 145.43, 145.50 through 145.57, 145.60 
through 145.62, 145.70 through 145.76, 145.80 through 145.88, and 
145.90.
    (169) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and/or NOX RACT for 14 sources located in 
the Philadelphia-Wilmington-Trenton area, submitted by the Pennsylvania 
Department of Environmental Protection on December 8, 1995, March 21, 
1996, January 21, 1997, July 24, 1998, April 20, 1999, March 23, 2001 
(two separate submissions), and July 5, 2001.
    (i) Incorporation by reference.
    (A) Letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations, in the form of plan approvals, 
operating permits, or compliance permits on December 8, 1995, March 21, 
1996, January 21, 1997, July 24, 1998, April 20, 1999, March 23, 2001 
(two separate submissions), and July 5, 2001.

[[Page 706]]

    (B) Plan approvals (PA), or Operating permits (OP) issued to the 
following sources:
    (1) Stroehmann Bakeries, Inc., PA-46-0003, effective on May 4, 1995, 
except for the expiration date.
    (2) Schlosser Steel, Inc., OP-46-0051, effective February 1, 1996, 
except for the expiration date.
    (3) Perkasie Industries Corporation, OP-09-0011, effective August 
14, 1996, except for the expiration date.
    (4) Quaker Chemical Corporation, OP-46-0071, effective September 26, 
1996, except for the expiration date.
    (5) Worthington Steel Company, OP-15-0016, effective July 23, 1996, 
except for the expiration date.
    (6) Transcontinental Gas Pipeline Corp., PA-15-0017, effective June 
5, 1995, except for the expiration date.
    (7) Rohm and Haas Company, Bucks County Plant, OP-09-0015, effective 
April 20, 1999, except for the expiration date.
    (8) SEPTA--Berridge/Courtland Maintenance Shop, PA-51-4172, 
effective July 27, 1999, except for condition 2.C. and condition 5.
    (9) Southwest Water Pollution Control Plant/Biosolids Recycling 
Center, PA-51-9515, effective July 27, 1999, except for condition 
1.A.(1), condition 1.A.(2), condition 2.A., condition 2.B., and 
condition 7.
    (10) Rohm and Haas Company, Philadelphia Plant, PA-51-1531, 
effective July 27, 1999, except for condition 7.
    (11) Sunoco, Inc. (R&M), PA-1501/1517, for Plant ID: 1501 and 1517, 
effective August 1, 2000, except for conditions 1.A.(4) as it pertains 
to H-600, H-601, H-602, H-1 and H-3 heaters; 1.A. (7)-(10); 1.A. (12) as 
it pertains to HTR 1H4; 1.A. (13) as it pertains to HTR PH2 and HTR PH7; 
1.A. (15) as it pertains to HTR 11H2; 1.A. (16); 1.A. (18) as it 
pertains to HTR 2H1, HTR 2H6, and HTR 2H8; 1.A. (19); 1.A. (21); 
1.A.(22); 2.B. as it pertains to Gas Oil HDS Unit 866: HTR 12H1; 2.E.; 
2.L.; and condition 6.
    (12) SBF Communication Graphics, PA-2197, for Plant ID: 2197, 
effective July 21, 2000.
    (13) Smith-Edwards-Dunlap, Company, PA-2255, for Plant ID: 2255, 
effective July 14, 2000.
    (14) Tasty Baking Co., PA-2054, for Plant ID: 2054, effective April 
9, 1995.
    (ii) Additional materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the sources 
listed in paragraph (c)(169)(i)(B) of this section.
    (170) Revisions pertaining to VOC RACT for major sources, located in 
the Pittsburgh-Beaver Valley ozone nonattainment area, submitted by the 
Pennsylvania Department of Environmental Protection on March 21, 1996, 
October 18, 1996, January 21, 1997, July 1, 1997, March 23, 2001, and 
April 19, 2001.
    (i) Incorporation by reference.
    (A) Letters dated March 21, 1996, October 18, 1996, January 21, 
1997, July 1, 1997, March 23, 2001, and April 19, 2001, submitted by the 
Pennsylvania Department of Environmental Protection transmitting source-
specific VOC RACT determinations.
    (B) Operating Permits (OPs) and Plan Approval and Agreement Upon 
Consent Orders (COs) for the following sources:
    (1) Armstrong World Industries, Beaver Falls Plant, OP 04-000-108, 
effective May 29, 1996.
    (2) Bacharach, Inc., CO 263, effective October 10, 1997, except for 
condition 2.5.
    (3) Bakerstown Container Corporation, CO 221, effective May 14, 
1996, except for condition 2.5.
    (4) Chestnut Ridge Foam, Inc., OP 65-000-181, effective December 29, 
1995.
    (5) Flexsys America L.P., Monongahela Plant, OP 63-000-015, 
effective March 23, 2001, except for the PERMIT TERM.
    (6) Haskell of Pittsburgh, Inc., CO 224, effective December 19, 
1996, except for condition 2.4.
    (7) Three Rivers Aluminum Company, OP 10-267, effective March 1, 
2001.
    (8) Tuscarora Plastics, Inc., OP 04-000-497, effective April 3, 
1996.
    (9) Witco Corporation, CO 210, effective May 14, 1996.
    (ii) Additional materials. Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations submitted for the sources listed in paragraph 
(c)(170)(i)(B) of this section.
    (171) Revisions pertaining to the GenCorp., Inc., Jeanette Plant; 
and to the CENTRIA, United Coaters

[[Page 707]]

Ambridge Coil Coating Operations Plant, located in the Pittsburgh-Beaver 
Valley ozone nonattainment area, submitted by the Pennsylvania 
Department of Environmental Protection on April 16, 1996 and August 9, 
2000.
    (i) Incorporation by reference.
    (A) Letter submitted by the Pennsylvania Department of Environmental 
Protection, dated April 16, 1996, transmitting source-specific VOC and 
NOX RACT determinations.
    (B) Operating Permit 65-000-207 issued to GenCorp., Inc., Jeanette 
Plant, effective January 4, 1996, except for the Permit Term and 
condition 8.
    (C) Letter submitted by the Pennsylvania Department of Environmental 
Protection, dated August 9, 2000, transmitting source-specific VOC and 
NOX RACT determinations.
    (D) Operating Permit 04-000-043 issued to CENTRIA, Ambridge Coil 
Coating Operations Plant, effective May 17, 1999, except for the Permit 
Term.
    (ii) Additional materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations submitted for the sources listed in paragraphs 
(c)(171)(i)(B) and (D) of this section.
    (172) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and NOX RACT for 11 iron and steel sources 
located in the Pittsburgh-Beaver Valley area, submitted by the 
Pennsylvania Department of Environmental Protection on January 21, 1997, 
July 1, 1997, March 3, 1999, April 9, 1999, and July 5, 2001.
    (i) Incorporation by reference.
    (A) Letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations, on the following dates: January 21, 
1997, July 1, 1997, March 3, 1999, April 9, 1999, and July 5, 2001.
    (B) The following companies' Operating Permits (OP) or Consent 
Orders (CO):
    (1) J & L Structural, Inc.-Aliquippa, OP 04-000-467, effective June 
23, 1995, except for the Permit Term.
    (2) Universal Stainless & Alloy Products, Inc., CO 241, effective 
December 19, 1996, except for condition 2.5.
    (3) Shenango, Inc., CO 233, effective December 30, 1996, except for 
conditions 1.7, 2.6, and 2.7.
    (4) LTV Steel Company, CO 259, effective December 30, 1996, except 
for condition 2.5.
    (5) U.S. Steel Clairton Works, CO 234, effective December 30, 1996, 
except for condition 2.5.
    (6) USX Corporation, Edgar Thomson Works, CO 235, effective December 
30, 1996, except for condition 2.5.
    (7) USX Corporation, Irvin Works, CO 258, effective December 30, 
1996, except for condition 2.5.
    (8) Wheeling-Pittsburgh Steel Corporation, OP 63-000-066, effective 
February 8, 1999, except for the Permit Term.
    (9) Koppers, OP 65-000-853, effective March 20, 1998, except for the 
Permit Term.
    (10) J & L Specialty Steel, Inc., Midland Facility, OP 04-000-013, 
effective March 23, 2001, except for the Permit Term.
    (11) Washington Steel Corporation, OP 63-000-023, effective 
September 12, 1996, except for the Permit Term.
    (ii) Additional materials. Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the sources listed in paragraph (c)(172) (i)(B) of 
this section.
    (173) Revisions pertaining to VOC and NOX RACT for major 
sources, located in the Pittsburgh-Beaver Valley ozone nonattainment 
area, submitted by the Pennsylvania Department of Environmental 
Protection on January 10, 1996, July 24, 1998, April 9, 1999, February 
2, 2001 and April 19, 2001.
    (i) Incorporation by reference.
    (A) Letters dated January 10, 1996, July 24, 1998, April 9, 1999, 
February 2, 2001 and April 19, 2001 submitted by the Pennsylvania 
Department of Environmental Protection transmitting source-specific VOC 
and NOX RACT determinations.
    (B) Plan Approvals (PAs) and Operating Permits (OPs) for the 
following sources:
    (1) Equitrans, Inc., OP 63-000-642, effective July 10, 1995, except 
for the Permit Term.
    (2) Witco Corporation, Petrolia Facility, PA 10-037, effective June 
27, 1995.

[[Page 708]]

    (3) Ranbar Electrical Materials, Inc., OP 65-000-042, effective 
February 22, 1999, except for the Permit Term and conditions 11, 12, 13 
and 14.
    (4) Nova Chemicals, Inc., OP 04-000-033 (Permit No. 04-0033), 
effective as reissued January 24, 2001, except for the Permit Term and 
conditions 8, 9, and 10.
    (5) BASF Corporation, OP 04-000-306, effective March 23, 2001.
    (ii) Additional materials. Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations submitted for the sources listed in paragraph 
(c)(173)(i)(B) of this section.
    (174) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and/or NOX RACT for sources located in the 
Philadelphia area submitted by the Pennsylvania Department of 
Environmental Protection on May 2, 1996, June 10, 1996, January 21, 
1997, April 9, 1999, August 9, 2000, and two submittals on March 23, 
2001.
    (i) Incorporation by reference.
    (A) Letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations, in the form of plan approvals and 
operating permits, on May 2, 1996, June 10, 1996, January 21, 1997, 
April 9, 1999, August 9, 2000, and two letters on March 23, 2001.
    (B) Plan approvals (PA), Operating permits (OP) issued to the 
following sources:
    (1) Cardone Industries, PA-51-3887, for PLID 3887, effective May 29, 
1995.
    (2) Cardone Industries, PA-51-2237, for PLID 2237, effective May 29, 
1995.
    (3) Naval Surface Warfare Center--Carderock Division, PA-51-9724, 
for PLID 9724, effective December 27, 1997.
    (4) Wheelabrator Falls, Inc., OP-09-0013, effective January 11, 1996 
(as amended May 17, 1996).
    (5) U.S. Steel Group/USX Corporation, OP-09-0006, effective April 8, 
1999, except for the expiration date.
    (6) Brown Printing Company, OP-46-0018A, effective May 17, 2000, 
except for the expiration date and condition 12.
    (7) SUN CHEMICAL--General Printing Ink Division, PA-51-2052, for 
PLID 2052, effective July 14, 2000.
    (8) Sunoco Chemicals, Frankford Plant, PA-51-1551, for PLID 1551, 
effective July 27, 1999, except for conditions 1.A.(2)-(4), 1.A.(6), 
1.A.(8); conditions 1.B.(1), 1.B. (3)-(6); the last sentence of 
condition 2.A.; conditions 2.B.-D.; 2.G., the last sentence of 2.H., 
2.I.; and condition 7.
    (ii) Additional materials. Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the sources listed in paragraph (c)(174) (i)(B) of 
this section.
    (175) Revisions pertaining to NOX RACT determinations for 
the Armco Inc., Butler Operations Main Plant and Armco Inc., Butler 
Operations Stainless Plant, submitted by the Pennsylvania Department of 
Environmental Protection on January 21, 1997.
    (i) Incorporation by reference.
    (A) Letter submitted on January 21, 1997 by the Pennsylvania 
Department of Environmental Protection transmitting source-specific VOC 
and/or NOX RACT plan approvals in the form of permits.
    (B) Permit Number: PA 10-001-M, effective February 23, 1996, for the 
Armco Inc., Butler Operations Main Plant in Butler, Butler County.
    (C) Permit Number: PA 10-001-S, effective February 23, 1996, for the 
Armco Inc., Butler Operations Stainless Plant in Butler, Butler County.
    (ii) Additional materials. Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determination for the sources listed in paragraphs (c)(175)(i)(B) and 
(C) of this section.
    (176) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and NOX RACT, for eight sources located in 
the Pittsburgh-Beaver Valley area submitted by the Pennsylvania 
Department of Environmental Protection on January 6, 1995, August 1, 
1995, January 10, 1996, January 21, 1997, February 2, 1999, March 3, 
1999, and April 19, 2001.
    (i) Incorporation by reference.
    (A) Letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations on the following dates: January 6,

[[Page 709]]

1995, August 1, 1995, January 10, 1996, January 21, 1997, February 2, 
1999, March 3, 1999, and April 19, 2001.
    (B) The following companies' Plan approvals (PA) or Operating 
permits (OP):
    (1) Pennsylvania Power Company, Bruce Mansfield Plant, PA 04-000-
235, effective December 29, 1994 except for the expiration date.
    (2) West Penn Power Company, Mitchell Station, PA 63-000-016, 
effective June 12, 1995, except for the expiration date.
    (3) Carnegie Natural Gas Company, Fisher Station, OP 03-000-182, 
effective December 2, 1998, except for the Permit Term.
    (4) Apollo Gas Company, Shoemaker Station, OP 03-000-183, effective 
September 12, 1996, except for the Permit Term.
    (5) Texas Eastern Transmission Corporation, Delmont Station, OP 65-
000-839, effective January 9, 1997, except for the Permit Term.
    (6) The Peoples Natural Gas Company, Valley Station, PA 03-000-125, 
effective October 31, 1994 except for the expiration date and the time 
limits in condition 6.
    (7) The Peoples Natural Gas Company, Girty Station, PA 03-000-076, 
effective as extended on October 27, 1995, except for the expiration 
date and time limit in condition 6.
    (8) AES Beaver Valley Partners, Monaca Plant, OP 04-000-446, 
effective as revised on March 23, 2001, except for the Permit Term.
    (ii) Additional materials.
    (A) Other materials submitted by the Commonwealth of Pennsylvania in 
support of and pertaining to the RACT determinations for the sources 
listed in paragraph (c)(176)(i)(B) of this section.
    (B) Two Pennsylvania Department of Environmental Protection 
Interoffice Memoranda: Thomas Joseph to Krishnan Ramamurthy, ``1500 $ 
per Ton'' dated July 14, 1994; and Krishnan Ramamurthy to Thomas 
McGinley, Babu Patel, Ronald Davis, Richard Maxwell, and Devendra Verma, 
``RACT Cost Effectiveness Screening Level'' dated July 15, 1994 
pertaining to The Peoples Natural Gas Company, Valley Station.
    (177) Revisions pertaining to the Chapter 129 for VOC and 
NOX RACT for sources located in the Pittsburgh-Beaver Valley 
nonattainment area, submitted by the Pennsylvania Department of 
Environmental Protection on December 8, 1995, July 1, 1997, and April 
19, 2001.
    (i) Incorporation by reference.
    (A) Letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations, in the form of operating permits, 
enforcement orders, and consent orders on the following dates: December 
8, 1995, July 1, 1997, and April 19, 2001.
    (B) Operating Permits (OP), Enforcement Orders (EO), and Consent 
Orders (CO) issued to the following sources:
    (1) Penreco, OP 10-027, effective May 31, 1995.
    (2) Ashland Petroleum Company, CO 256, effective December 19, 1996, 
except for condition 2.9.
    (3) Bellefield Boiler Plant, EO 248, effective December 19, 1996.
    (4) Gulf Oil L. P., CO 250, effective December 19, 1996, except for 
condition 2.5.
    (5) PA Dept. of Corrections, EO 244, effective January 23, 1997.
    (6) Pittsburgh Thermal Limited Partnership, CO 220, effective March 
4, 1996, except for condition 2.5.
    (7) BP Exploration & Oil, Inc., Greensburg Terminal, OP 65-000-378, 
effective March 23, 2001.
    (8) Pittsburgh Allegheny County Thermal, Ltd., CO 265, effective 
November 9, 1998, except for condition 2.5.
    (ii) Additional materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the sources listed in paragraph (c)(177)(i)(B) of 
this section.
    (178) Revisions pertaining to VOC and/or NOX RACT for 
major sources, located in the Pittsburgh-Beaver Valley ozone 
nonattainment area, submitted by the Pennsylvania Department of 
Environmental Protection on July 1, 1997, October 23, 1997, November 4, 
1997, December 31, 1997, April 9, 1999 and August 9, 2000.
    (i) Incorporation by reference.

[[Page 710]]

    (A) Letters dated July 1, 1997, October 23, 1997, November 4, 1997, 
December 31, 1997, April 9, 1999 and August 9, 2000 submitted by the 
Pennsylvania Department of Environmental Protection transmitting source-
specific VOC and/or NOX RACT determinations, in the form of 
operating permits, consent orders, and enforcement orders.
    (B) Operating permits (OP), Consent Orders (CO) and Enforcement 
Orders (EO) for the following sources:
    (1) Aristech Chemical Corporation, CO 232, effective December 30, 
1996, except for condition 2.6.
    (2) Heinz USA, EO 211, effective March 8, 1996, except for 
conditions 1.5, 2.4, and 2.5; and CO 247, effective October 24, 1996, 
except for conditions 1.11 and 2.7.
    (3) Koppers Industries, Inc., CO 223, effective August 27, 1996, 
except for condition 2.5.
    (4) Nabisco Biscuit Company, CO 246, effective December 19, 1996, 
except for condition 2.5.
    (5) Pressure Chemical Company, CO 261, effective June 11, 1997, 
except for condition 2.8.
    (6) General Carbide Corporation, OP 65-000-622, effective December 
29, 1995, except for the Permit Term.
    (7) Fansteel Hydro Carbide, OP 65-000-860, effective December 12, 
1997.
    (8) Carbidie Corporation, OP 65-000-720, effective July 31, 1998, 
except for the Permit Term, and Conditions 4, 5 and 11.
    (9) Dyno Nobel, Inc., OP 63-000-070, effective March 31, 1999, 
except for the Permit Term.
    (10) Newcomer Products, Inc., OP-65-000-851, effective August 7, 
1997.
    (ii) Additional materials. Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the sources listed in paragraph (c)(178)(i)(B) of 
this section.
    (179) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and/or NOX RACT for seven sources located 
in the Philadelphia-Wilmington-Trenton ozone nonattainment area 
submitted by the Pennsylvania Department of Environmental Protection on 
August 1, 1995, February 2, 1999, July 27, 2001, and August 8, 2001.
    (i) Incorporation by reference.
    (A) Letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations, in the form of plan approvals, 
operating permits, or compliance permits on the following dates: August 
1, 1995, February 2, 1999, July 27, 2001, and August 8, 2001.
    (B) Operating permits (OP), or Compliance Permits (CP) issued to the 
following sources:
    (1) PECO Energy Company, Cromby Generating Station, OP-15-0019, 
effective April 28, 1995.
    (2) Waste Resource Energy, Inc. (Operator); Shawmut Bank, Conn. 
National Assoc. (Owner); Delaware County Resource Recovery Facility, OP-
23-0004, effective November 16, 1995.
    (3) G-Seven, Ltd., OP-46-0078, effective April 20, 1999.
    (4) Leonard Kunkin Associates, OP-09-0073, effective June 25, 2001.
    (5) Kimberly-Clark Corporation, OP-23-0014A, effective June 24, 1998 
as revised August 1, 2001.
    (6) Sunoco, Inc. (R&M); Marcus Hook Plant; CP-23-0001, effective 
June 8, 1995 as revised August 2, 2001, except for the expiration date.
    (7) Waste Management Disposal Services of Pennsylvania, Inc. (GROWS 
Landfill), Operating Permit OP-09-0007, effective December 19, 1997 as 
revised July 17, 2001.
    (ii) Additional materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the sources listed in paragraph (c)(179)(i)(B) of 
this section.
    (180) Revision pertaining to NOX RACT for Koppel Steel 
Corporation's Ambridge Plant located in Harmony Township, Beaver County, 
Pennsylvania, submitted by the Pennsylvania Department of Environmental 
Protection on August 8, 2001.
    (i) Incorporation by reference.
    (A) Letter submitted on August 8, 2001 by the Pennsylvania 
Department of Environmental Protection transmitting several source-
specific NOX and/or VOC RACT determinations.
    (B) Operating Permit 04-000-227, effective October 12, 2000, issued 
to Koppel Steel Corporation, Ambridge Plant.

[[Page 711]]

    (ii) Additional materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determination for the source listed in paragraph (c)(180)(i)(B) of this 
section.
    (181) Revisions pertaining to NOX RACT-related 
requirements for General Motors, Corp.; Oakmont Steel, Inc.; The Peoples 
Natural Gas, Co.; and U.S. Bureau of Mines located in Allegheny County 
portion of the Pittsburgh-Beaver Valley ozone nonattainment area, 
submitted by the Pennsylvania Department of Environmental Protection on 
July 1, 1997.
    (i) Incorporation by reference.
    (A) Letter dated July 1, 1997, submitted by the Pennsylvania 
Department of Environmental Protection transmitting several source-
specific VOC and/or NOX RACT related determinations.
    (B) Plan Approval and Agreement Upon Consent Orders (COs) and an 
Enforcement Order (EO) for the following sources:
    (1) General Motors, Corp., CO 243, effective August 27, 1996, except 
for condition 2.5.
    (2) Oakmont Steel, Inc., CO 226, effective May 14, 1996, except for 
condition 2.5.
    (3) The Peoples Natural Gas, Co., CO 240, effective August 27, 1996, 
except for condition 2.5.
    (4) U.S. Bureau of Mines, EO 215, effective March 8, 1996, except 
for condition 2.5.
    (ii) Additional materials. Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the sources 
listed in paragraph (c)(181)(i)(B) of this section.
    (182) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and NOX RACT, for three sources located in 
the Philadelphia area submitted by the Pennsylvania Department of 
Environmental Protection on April 20, 1999, June 28, 2000, and August 8, 
2001.
    (i) Incorporation by reference.
    (A) Letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations, in the form of plan approvals and 
operating permits on April 20, 1999, June 28, 2000, and August 8, 2001.
    (B) Plan approvals (PA), Operating permits (OP) issued to the 
following sources:
    (1) Waste Management Disposal Services of Pennsylvania, Inc. 
(Pottstown Landfill), OP-46-0033, effective April 20, 1999.
    (2) FPL Energy MH 50, L.P., PA-23-0084, effective July 26, 1999, 
except for the expiration date.
    (3) Exelon Generation Company--Richmond Generating Station, PA-51-
4903, effective July 11, 2001.
    (ii) Additional materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the sources listed in paragraph (c)(182) (i)(B) of 
this section.
    (183) The CO redesignation and maintenance plan for Southwestern 
Pennsylvania submitted by the Pennsylvania Department of Environmental 
Protection on August 17, 2001, as part of the Pennsylvania SIP. The 1990 
base year CO emissions inventory was submitted by the Pennsylvania 
Department of Environmental Protection on November 12, 1992.
    (i) Incorporation by reference.
    (A) Letter of August 17, 2001, from the Pennsylvania Department of 
Environmental Protection transmitting a redesignation request and 
maintenance plan for the CO monoxide nonattainment area in Southwestern 
Pennsylvania.
    (B) Maintenance Plan for the Southwestern Pennsylvania Carbon 
Monoxide nonattainment area, effective July 12, 2001.
    (ii) Additional Materials--Remainder of the August 17, 2001 
submittal pertaining to the revisions listed in paragraph (c)(183)(i) of 
this section.
    (184) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and NOX RACT, for sources located in the 
Philadelphia area submitted by the Pennsylvania Department of 
Environmental Protection on April 16, 1996, June 10, 1996, November 4, 
1997, December 31, 1997, March 24, 1998, March 23, 2001, and August 8, 
2001.
    (i) Incorporation by reference.
    (A) Letters submitted by the Pennsylvania Department of 
Environmental

[[Page 712]]

Protection transmitting source-specific VOC and/or NOX RACT 
determinations, in the form of plan approvals and operating permits on 
April 16, 1996, June 10, 1996, November 4, 1997, December 31, 1997, 
March 24, 1998, March 23, 2001, and August 8, 2001.
    (B) Plan approvals (PA), or Operating Permits (OP) issued to the 
following sources:
    (1) Jefferson Smurfit Corporation and Container Corporation of 
America, PA-51-1566, for PLID 1566, effective April 10, 1995.
    (2) Maritank Philadelphia, Inc., PA-51-5013, for PLID 5013, 
effective December 28, 1995.
    (3) Moyer Packing Company, OP-46-0001, effective March 15, 1996, 
except for the expiration date.
    (4) Tullytown Resource Recovery Facility (Waste Management of PA, 
Inc.), OP-09-0024, effective July 14, 1997, except for the expiration 
date.
    (5) SPS Technologies, OP-46-0032, effective October 30, 1997, except 
for the expiration date.
    (6) PECO Energy Company, OP-09-0077, effective December 19, 1997, 
except for the expiration date.
    (7) Philadelphia Gas Works, Richmond Plant, PA-51-4922, effective 
July 27, 1999, except for condition 1.A. 10-17, inclusive, condition 
2.E., 2.F., 2.G., and condition 8.
    (8) Exelon Generation Company-Delaware Generating Station, PA-51-
4901, effective July 11, 2001.
    (9) Exelon Generation Company-Schuylkill Generating Station, PA-51-
4904, effective July 11, 2001.
    (ii) Additional materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the sources listed in paragraph (c)(184) (i)(B) of 
this section.
    (185) Revisions to the Pennsylvania Regulations, Chapter 129 
pertaining to VOC and NOX RACT for 14 sources located in the 
Philadelphia area, submitted by the Pennsylvania Department of 
Environmental Protection on December 7, 1998, February 2, 1999, April 
20, 1999, March 23, 2001 (two separate submissions), and July 5, 2001.
    (i) Incorporation by reference.
    (A) Letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations, in the form of plan approvals and 
operating permits December 7, 1998, February 2, 1999, April 20, 1999, 
March 23, 2001 (two separate submissions), and July 5, 2001.
    (B) Plan approvals (PA), Operating permits (OP) issued to the 
following sources:
    (1) International Business Systems, Inc., OP-46-0049, effective 
October 29, 1998 and as revised December 9, 1999, except for the 
expiration date.
    (2) Bethlehem Lukens Plate, OP-46-0011, effective December 11, 1998, 
except for the expiration date.
    (3) Montenay Montgomery Limited Partnership, OP-46-0010A, effective 
April 20, 1999 and as revised June 20, 2000, except for the expiration 
date.
    (4) Northeast Foods, Inc., OP-09-0014, effective April 9, 1999, 
except for the expiration date.
    (5) Aldan Rubber Company, PA-1561, effective July 21, 2000, except 
for conditions 1.A.(1), 1.A.(2) and 1.A.(4); and conditions 2.A. and 
2.C.
    (6) Braceland Brothers, Inc., PA-3679, effective July 14, 2000.
    (7) Graphic Arts, Incorporated, PA-2260, effective July 14, 2000.
    (8) O'Brien (Philadelphia) Cogeneration, Inc.--Northeast Water 
Pollution Control Plant, PA-1533, effective July 21, 2000.
    (9) O'Brien (Philadelphia) Cogeneration, Inc.--Southwest Water 
Pollution Control Plant, PA-1534, effective July 21, 2000.
    (10) Pearl Pressman Liberty, PA-7721, effective July 24, 2000.
    (11) Arbill Industries, Inc., PA-51-3811, effective July 27, 1999, 
except for condition 5.
    (12) McWhorter Technologies, PA-51-3542, effective July 27, 1999, 
except for condition 2.B. and condition 5.
    (13) Northeast Water Pollution Control Plant, PA-51-9513, effective 
July 27, 1999, except for condition 1.A.(1), conditions 2.A. and 2.B., 
and condition 7.
    (14) Newman and Company, PA-3489, effective June 11, 1997.
    (ii) Additional materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of

[[Page 713]]

and pertaining to the RACT determinations for the sources listed in 
paragraph (c)(185)(l)(B) of this section.
    (186) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to NOX RACT, submitted on March 21, 1996, December 
7, 1998 and April 9, 1999.
    (i) Incorporation by reference.
    (A) Letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific NOX 
RACT determinations in the form of plan approvals or operating permits 
on March 21, 1996, December 7, 1998 and April 9, 1999.
    (B) Plan approvals (PA), and Operating permits (OP) for the 
following sources:
    (1) Allegheny Ludlum Steel Corporation, Westmoreland County, OP 65-
000-137, effective May 17, 1999, except for the expiration date.
    (2) INDSPEC Chemical Corporation, Butler County, PA 10-021, as 
amended and effective on October 19, 1998 except for Condition 4.
    (ii) Additional materials. Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations submitted for the sources listed in paragraph 
(c)(186)(i)(B) of this section.
    (187) Revisions to the Pennsylvania Regulations, Chapter 129.91 
pertaining to NOX RACT, submitted on November 4, 1997, July 
24 1998, October 2, 1998, March 3, 1999, April 9, 1999, and April 20, 
1999.
    (i) Incorporation by reference.
    (A) Letters submitted by the Pennsylvania Department of 
Environmental Protection transmitting source-specific NOX 
RACT determinations in the form of plan approvals or operating permits 
on November 4, 1997, July 24, 1998, October 2, 1998, March 3, 1999, 
April 9, 1999, and April 20, 1999.
    (B) Plan approvals (PA), and Operating permits (OP) for the 
following sources:
    (1) Stoney Creek Technologies, L.L.C., PA-23-0002, effective 
February 24, 1999, except for the expiration date.
    (2) Superpac, Inc., OP-09-0003, effective March 25, 1999, except for 
the expiration date.
    (3) Transit America Inc., PA-1563 for PLID 1563, effective June 11, 
1997, except for Condition 4 and Condition 5.
    (4) American Bank Note Company, OP-46-0075, effective May 19, 1997, 
as revised August 10, 1998, except for the expiration date.
    (5) Atlas Roofing Corporation, OP-09-0039, effective March 10, 1999, 
except for the expiration date.
    (6) Beckett Corporation, OP-15-0040, effective July 8, 1997, except 
for the expiration date.
    (7) Klearfold, Inc., OP-09-0012, effective April 15, 1999, except 
for the expiration date.
    (8) National Label Company, OP-46-0040, effective July 28, 1997.
    (ii) Additional materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations submitted for the sources listed in paragraph 
(c)(187)(i)(B) of this section.
    (188) Revisions to the Pennsylvania Regulations including a 10-year 
ozone maintenance plan for the Pittsburgh-Beaver Valley area, submitted 
on May 21, 2001 by the Pennsylvania Department of Environmental 
Protection.
    (i) Incorporation by reference.
    (A) Letter dated May 21, 2001 submitted by the Pennsylvania 
Department of Environmental Protection transmitting the maintenance plan 
for Pittsburgh-Beaver Valley Area.
    (B) The Pittsburgh-Beaver Valley Area ozone maintenance plan 
submitted by the Pennsylvania Department of Environmental Protection, 
effective May 15, 2001. This plan establishes motor vehicle emissions 
budgets for VOCs of 109.65 tons/day for 1999, 98.22 tons/day for 2007, 
and 102 tons/day for 2011. This plan also establishes motor vehicle 
emissions budgets for NOX of 171.05 tons/day for 1999, 129.12 
tons/day for 2007, and 115.02 tons/day for 2011.
    (ii) Additional material. Remainder of State Submittal pertaining to 
the revision listed in paragraph (c)(188)(i) of this action.
    (189) Revisions to the Commonwealth of Pennsylvania Regulations 
pertaining to the Pennsylvania's air resource regulations submitted on 
March

[[Page 714]]

6, 2000 by the Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of March 6, 2000 from the Pennsylvania Department of 
Environmental Protection transmitting revisions to the Commonwealth's 
Regulations pertaining to the Pennsylvania's air resource regulations.
    (B) Revisions to 25 PA Code, Part I, Subpart C, Article III, 
effective December 27, 1997.
    (1) Revisions to Chapter 121, General Provisions, section 121.1, 
revised definitions for coke oven battery, coke oven gas collector main, 
and door area.
    (2) Revisions to Chapter 123, section 123.44, Visible Emissions--
Limitations of fugitive air contaminants from operation of any coke oven 
battery, paragraphs (a) and (a)(1).
    (3) Revisions to Chapter 137, section 137.4, Standby Plans, 
paragraphs (b), (c) and (f).
    (4) Revisions to Chapter 139, section 139.12, Emissions of 
Particulate Matter, paragraphs (1) and (5).
    (5) Revisions to Chapter 139, section 139.111, Waste Incinerator 
Monitoring Requirements, introductory paragraph, and paragraphs (1)(i), 
(2) and (3).
    (6) Deletion of Chapter 139, section 139.61.
    (7) Deletion of Chapter 139, section 139.104. In its place, the 
provisions of Chapter 139.101 will now apply.
    (C) Revisions to 25 PA Code, Part I, Subpart C, Article III, 
effective May 7, 1998.
    (1) Revisions to Chapter 139, section 139.12, Emissions of 
Particulate Matter, paragraph (2).
    (2) Revisions to Chapter 139, section 139.101, General Requirements, 
paragraph (12)(ii).
    (ii) Additional Material. Remainder of the State submittal(s) 
pertaining to the revisions listed in paragraph (c)(189)(i) of this 
section.
    (190) Revision to the Pennsylvania Regulations to attain and 
maintain National Ambient Air Quality Standards (NAAQS) for sulfur 
dioxide in Warren County, Pennsylvania, submitted on December 26, 2001, 
by the Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of December 26, 2001 from the Pennsylvania Department of 
Environmental Protection transmitting a revision to the State 
Implementation Plan (SIP) for attainment and maintenance of sulfur 
dioxide NAAQS for Warren County.
    (B) Letter of August 20, 2002, transmitting a revised Reliant Energy 
Mid-Atlantic Power Holdings LLC Warren Generating Station Title V 
permit.
    (C) The following Companies' Plan Approval and Operating Permits:
    (1) Reliant Energy Mid-Atlantic Power Holdings LLC (Reliant) Warren 
Generating Station, Title V Operating Permit TV 62-00012, effective 
November 21, 2001.
    (2) United Refining Company, PA 62-017E, effective June 11, 2001, 
except for the expiration date.
    (ii) Additional Material. Remainder of the State submittal 
pertaining to the revision listed in paragraph (c)(190)(i) of this 
section.
    (191) Revisions pertaining to VOC and NOX RACT 
determinations for a major source submitted by the Pennsylvania 
Department of Environmental Protection on December 21, 2001.
    (i) Incorporation by reference.
    (A) A letter submitted on December 21, 2001 by the Pennsylvania 
Department of Environmental Protection transmitting source-specific VOC 
and NOX RACT determinations.
    (B) Operating permit (OP) for Bethlehem Steel Corporation, Dauphin 
County, 22-02012, effective April 9, 1999.
    (ii) Additional material. Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the source listed in paragraph (c)(191)(i)(B) of this 
section.
    (192) Revisions to the Allegheny County Health Department 
Regulations, Articles XX and XXI, submitted on October 30, 1998 by the 
Pennsylvania Department Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of October 30, 1998 from the Pennsylvania Department of 
Environmental Protection transmitting a recodification from Article XX 
to Article XXI of the Rules and Regulations for Air Pollution Control in 
Allegheny County, as well as substantive revisions to the Article XXI 
regulations.

[[Page 715]]

    (B) The following revisions to Article XXI (formerly Article XX) of 
the Rules and Regulations for Air Pollution Control in Allegheny County, 
effective October 20, 1995:
    (1) Part A (General), Sections 2101.01, 2101.02 (except paragraph 
.02.b.), 2101.03, 2101.04, 2101.06, 2101.07 (except paragraphs .07.c.2 
and .07.c.8), 2101.10 (1-year and 24-hour standards for PM10 
and sulfur oxides, 1-year standard for nitrogen dioxide, 1-hour and 8-
hour standards for carbon monoxide, and 1-hour standard for ozone only) 
and 2101.11 through 2101.14 inclusive.
    (2) Part A, Section 2101.20 (Definitions) (Formerly Article XX, 
Sections 101, 202.C, 701 and 801).
    (i) Citation change only: Air curtain destructor, Air dried coating, 
Air pollution, Air Pollution Control Act, Air pollution control 
equipment, Alert Stage, Ambient air, Article XI, Automobile, Board of 
Health, Bottom filling, Bulk gasoline plant, Bulk gasoline terminal, Can 
coating, Clean Air Act, Clear coat, Clearing and grubbing wastes, 
Coating, Coil coating, Cold cleaning degreaser, Commonwealth, 
Conveyorized degreaser, County, Cutback asphalt, Domestic heating plant, 
Domestic refuse-burning equipment, Drum, Dry cleaning facility, Dust, 
Emission tests, Emissions, Extreme environmental conditions, Extreme 
performance coatings, Fabric coating, Flexographic printing, Freeboard 
ratio, Fuel, Fuel-burning or combustion equipment, Gasoline, Gasoline 
tank truck, Hard slag ladle pit, Hopper car, Incinerator, Increments of 
Progress, Install, Large appliances, Lease custody transfer, Light duty 
trucks, Magnet wire coating, Materials handling, Metal furniture 
coating, Miscellaneous metal parts and products, National Ambient Air 
Quality Standard, Net load rating, Nontraditional source, Opacity, Open 
air, Open burning, Open top vapor degreaser, Pail, Paper coating, Part 
per million, Particulate matter, Paving operation, Person, PM-10, 
Potential uncontrolled emission rate, Prime coat, Process, Process 
equipment, Process fugitive emissions, Publication rotogravure printing, 
Rated capacity, Refuse, Roll printing, Rotogravure printing, SIP, Single 
coat, Small gasoline storage tank, Solvent, Standard conditions, State 
Implementation Plan, Steel production, Surface coating process, Tank 
car, Topcoat, Trade waste, Transfer efficiency, Type ``O'' waste, Vapor 
balance system, Vapor disposal system, Vinyl coating, Visible emissions, 
Wastewater separator, and Waxy heavy-pour crude oil.
    (ii) Revised definitions resulting from the format change: Advisory 
Committee, Air Pollution Episode, Ambient air quality standards, 
Article, Attainment area, Best Available Control Technology, Breakdown, 
Board of Commissioners, County-Wide Air Pollution Watch, Flue, Forecast, 
Localized air pollution watch, Localized incident level, Lowest 
Achievable Emission Rate, Net air quality benefit, Nonattainment area, 
Reasonably Available Control Technology, Unclassifiable area, and 
Volatile organic compound.
    (iii) Revised definitions with substantive wording changes: Air 
contaminant, Allowable Emissions, Authorized representative, Bureau, 
Capture efficiency, DEP (Formerly DER), Department, Deputy Director, 
Director, Emission limitation, EPA, Fugitive emissions, Modification, 
Major modification, Major Source (paragraphs a., b., c., f. and g. 
only), New Source, Reasonable further progress, Replacement Source, 
Secondary Emissions, Significant Air Quality Impact, and Source.
    (3) Part B (Permits Generally), Sections 2102.02, 2102.03.a through 
h. 2102.04.a through g., 2102.05, 2102.06.a through .e, 2102.08., and 
2102.10.
    (4) Part D (Pollutant Emission Standards), Sections 2104.01, 
2401.02.a.1 through .02.a.3, 2104.02.b. through .02.d., 2104.02.f., 
2104.02.i, 2104.03, and 2104.05 through 2401.07.
    (5) Part E (Source Emission and Operating Standards), Sections 
2105.01 through 2105.04, 2105.10.a through c., 2105.10.e.1 through 
10.e.10, 2105.11 through 2105.13, 2105.15 through 2105.17, 2105.19.a. 
through c. and .19.e., 2105.20, 2105.22, 2105.30 (except paragraph 
.30.f), 2105.40 through 2105.48, 2105.49.a, 2105.49.b (formerly 
2105.49.e). and 2105.50 (except paragraph .50.d).
    (6) Part F (Air Pollution Episodes), Sections 2106.01 through 
2106.04.
    (7) Part G (Methods), Sections 2107.01 through 2107.03, 2107.04 
(except paragraph .04.h), 2107.05 through 2107.08,

[[Page 716]]

2107.10, 2107.11, and 2107.20.c., g. through j., m., and n.
    (8) Part H (Reporting, Testing and Monitoring), Sections 2108.01 
(except paragraphs .01.e.1.A and B.), 2108.02.a. through f., 2108.03.a. 
and c. through e., and 2108.04.
    (9) Part I (Enforcement), Sections 2109.01, 2109.02, (except 
paragraph .02.a.7), 2109.03.a. (introductory paragraph only), 2109.03.b. 
through f., 2109.04, 2109.05 and 2109.06.a.1, .06.b, and .06.c.
    (C) Addition of the following Article XXI regulations, effective 
October 20, 1995:
    (1) Part A, Section 2101.10 (3-month ambient standard for lead).
    (2) Part A, Section 2101.20, definitions of Administrator, Adverse 
environmental effect, Affected source, Affected states, Affected unit, 
Applicable requirement, At the source, BACT (abbreviation only), 
Cartridge filter, CFR, CO, Common control, Containers and conveyors of 
solvent, CTG, Designated representative, Draft permit, Emergency, 
Emissions allowable under the permit, Emissions unit, Existing source, 
Federal action, Final permit, Fugitive dust emissions, LAER 
(abbreviation only), Large equipment, Major source applicable 
requirement (except paragraphs c., d., e., f., g., and j.), Minor 
operating permit modification, Minor source, NAAQS (abbreviation only), 
NOX, Operator, Owner or operator, Part C subpart 2 permit, 
Part C subpart 2 source, Perceptible leaks, Permit modification, Permit 
revision, Permitting authority, Person subject to the Clean Air Act, 
Petroleum solvents, Pharmaceutical tablet coating, Potential to emit, 
PPM (abbreviation only), Proposed permit, RACT (abbreviation only), 
Regulated air pollutant (paragraphs a. and b. only), Renewal, Represent 
the public interest, Responsible official, Significant permit 
modification, Significant portion of income, Small source, Small 
equipment, and Solvent recovery dryer.
    (3) Part B, Sections 2102.01, 2102.03.i through .03.k, 2102.04.h 
through .04.j, and 2102.06.f.
    (4) Part C (Operating Permits), 2103.10.a and .10.b, and 
2103.20.b.4.
    (5) Part E, Sections 2105.10.d and 10.e.11, 2105.14, 2105.19.d, 
2105.70, 2105.71, and 2105.72.
    (6) Part H, Sections 2108.02.g. and 2108.03.b.
    (7) Part I, Sections 2109.06.a.5, 2109.10 and 2109.20.
    (D) Removal of the following Article XX regulations, effective 
October 20, 1995:
    (1) Sections 109 (ambient standard for hydrocarbons), 304, 306.E, 
512, 902, and 903.
    (2) Section 101, Definitions of Air Pollution Hearing Board, 
Commissioners, Committee, Equivalent Opacity, Facility, Rendering, 
Ringelmann Scale, and Soiling Index.
    (E) Removal of Article XXI, Sections 2105.21.h.3.B., 2105.49.c, and 
2105.49.d.
    (ii) Additional Material--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(192)(i) of this 
section.
    (193) Revisions to the Pennsylvania regulations to attain and 
maintain the sulfur dioxide National Ambient Air Quality Standards 
(NAAQS) in Philadelphia County, submitted on March 23, 2001, by the 
Pennsylvania Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Letter of March 23, 2001 from the Pennsylvania Department of 
Environmental Protection transmitting a revision to the State 
Implementation Plan (SIP) for Attainment and Maintenance of Sulfur 
Dioxide National Ambient Air Quality Standards for Philadelphia County.
    (B) The following companies' Operating Permits:
    (1) Trigen-Philadelphia Energy Corporation, Schuylkill Station, OP-
SO2-95-002, effective July 27, 2000.
    (2) Grays Ferry Cogeneration Partnership, OP-SO2-95-002A, effective 
July 27, 2000.
    (3) PECO Energy Company, Schuylkill Generating Station, OP SO2-95-
006, effective July 27, 2000.
    (4) Sunoco, Inc. (R&M) Philadelphia Refinery, OP-SO2-95-039, 
effective July 27, 2000.
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revision listed in paragraph (c)(193)(i) of this 
section.

[[Page 717]]

    (194) Revisions pertaining to VOC and NOX RACT 
determinations for a major source submitted by the Pennsylvania 
Department of Environmental Protection on December 21, 2001.
    (i) Incorporation by reference.
    (A) A letter submitted on December 21, 2001 by the Pennsylvania 
Department of Environmental Protection transmitting source-specific VOC 
and NOX RACT determinations.
    (B) Operating permit (OP) :
    (1) Hershey Chocolate USA, Dauphin County, 22-02004A, effective 
January 24, 2000.
    (2) Pennsylvania Power Company, Lawrence County, New Castle Plant, 
OP 37-0023, effective April 8, 1999.
    (ii) Additional Material--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the source listed in paragraph (c)(194)(i)(B) of this 
section.
    (195) Revisions to the Pennsylvania Regulations regarding VOC 
control requirements for solvent cleaning operations, submitted on 
February 13, 2002, by the Pennsylvania Department of Environmental 
Protection:
    (i) Incorporation by reference.
    (A) Letter of February 13, 2002, from the Pennsylvania Department of 
Environmental Protection transmitting the revisions to VOC control 
requirements for solvent cleaning operations.
    (B) Revisions to 25 PA Code, chapter 121 and chapter 129, effective 
December 22, 2001.
    (1) Additions and Revisions of definitions for terms in chapter 121, 
General Provisions, section 121.1, Definitions.
    (i) Addition of the following terms: Airless cleaning system, 
Airtight cleaning system, Batch vapor cleaning machine, Carbon adsorber, 
Cold cleaning machine, Dwell, Dwell time, Extreme cleaning service, 
Freeboard refrigeration device, Idling mode, Immersion cold cleaning 
machine, In-line vapor cleaning machine, Reduced room draft, Remote 
reservoir cold cleaning machine, Solvent/air interface, Solvent cleaning 
machine, Solvent cleaning machine automated parts handling sytem, 
Solvent cleaning machine down time, Solvent vapor zone, Superheated 
vapor system, Vapor cleaning machine, Vapor cleaning machine primary 
condenser, Vapor pressure, Vapor up control switch, Working mode cover.
    (ii) Revision of the term ``freeboard ratio.''
    (2) Revisions to chapter 129, Standards for Sources, Sources of 
VOCs, section 129.63, VOC Cleaning Operations replacing the current 
section 129.63.
    (ii) Additional Material. Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(195)(i) of this 
section.
    (196) Revisions pertaining to NOX RACT for major sources 
submitted on December 21, 2001.
    (i) Incorporation by reference.
    (A) Letter submitted on December 21, 2001 by the Pennsylvania 
Department of Environmental Protection transmitting source-specific VOC 
and/or NOX RACT determinations, in the form of plan approvals 
or operating permits.
    (B) Plan approval (PA); Operating permit (OP):
    (1) Lafarge Corporation, Lehigh County, OP-39-0011B, effective May 
19, 1997.
    (2) The Peoples Natural Gas Company, Cambria County, OP-11-000-356, 
effective November 23, 1994.
    (3) Horsehead Resource Development Company, Inc., Carbon County, OP-
13-0001, effective May 16, 1995.
    (4) Williams Generation Company, Hazleton, Luzerne County, OP-40-
0031A, effective March 10, 2000.
    (5) Pennsylvania Power and Light Company, Holtwood Steam Electric 
Station, Lancaster County, PA-36-2016, effective May 25, 1995.
    (ii) Additional Material.
    (A) Letter of October 15, 2002 from the Pennsylvania Department of 
Environmental Protection to EPA transmitting materials related to the 
RACT permits listed in paragraph (c)(196)(i) of this section.
    (B) Other materials submitted by the Commonwealth of Pennsylvania in 
support of and pertaining to the RACT determinations for the sources 
listed in paragraph (c)(196)(i) of this section.
    (197) Revisions to the Commonwealth of Pennsylvania Regulations 
pertaining to the Pennsylvania's air resource regulations submitted on 
March 6, 2000 by the Pennsylvania Department of Environmental 
Protection:
    (i) Incorporation by reference.

[[Page 718]]

    (A) Letter of March 6, 2000 from the Pennsylvania Department of 
Environmental Protection transmitting revisions to the Commonwealth's 
Regulations pertaining to the Pennsylvania's air resource regulations.
    (B) Revisions to 25 PA Code, Part I, Subpart C, Article III, 
effective December 27, 1997. Revisions to Chapter 121, General 
Provisions, Section 121.1, definitions for major modification, 
modification, potential to emit, responsible official and secondary 
emissions.
    (ii) Additional Material--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(197)(i) of this 
section.
    (198) Revisions pertaining to NOX RACT determinations for 
a major source submitted by the Pennsylvania Department of Environmental 
Protection on December 9, 2002.
    (i) Incorporation by reference.
    (A) Letter of December 9, 2002 from the Pennsylvania Department of 
Environmental Protection transmitting source-specific NOX 
RACT determinations.
    (B) Operating permit (OP) for General Electric Transportation 
Systems, Erie County, OP 25-025A, effective August 26, 2002.
    (ii) Additional Material--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the source listed in paragraph (c)(198)(i)(B) of this 
section.
    (199) [Reserved]
    (200) Revisions pertaining to VOC and NOX RACT for major 
sources submitted on December 21, 2001.
    (i) Incorporation by reference.
    (A) Letter submitted on December 21, 2001 by the Pennsylvania 
Department of Environmental Protection transmitting source-specific VOC 
and/or NOX RACT determinations, in the form of plan approvals 
or operating permits:
    (B) Plan approval (PA); Operating permit (OP):
    (1) Bethlehem Structural Products Corporation, Northampton County, 
OP-48-0013, effective October 24, 1996.
    (2) International Paper Company, Erie Mill, Erie County, PA-25-028, 
effective December 21, 1994.
    (3) National Fuel Gas Supply Corporation, Jefferson County, PA-33-
144A, effective October 5, 1998.
    (ii) Additional Material.
    (A) Letters of October 15, 2002 and February 11, 2003 from the 
Pennsylvania Department of Environmental Protection (PADEP) to EPA 
transmitting materials related to the RACT permits listed in paragraph 
(c)(200)(i) of this section.
    (B) Other materials submitted by PADEP in support of and pertaining 
to the RACT determinations for the sources listed in paragraph 
(c)(200)(i) of this section.
    (201) Revisions pertaining to NOX RACT determinations for 
a major source submitted by the Pennsylvania Department of Environmental 
Protection on October 30, 2002.
    (i) Incorporation by reference.
    (A) Letter of October 30, 2002 from the Pennsylvania Department of 
Environmental Protection transmitting source-specific NOX 
RACT determinations.
    (B) Operating permit (OP) for PPG Industries, Inc., Crawford County, 
OP 20-145, effective May 31, 1995.
    (ii) Additional Material--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the source listed in paragraph (c)(201)(i)(B) of this 
section.
    (202) Revisions pertaining to VOC and NOX RACT 
determinations for major sources submitted by the Pennsylvania 
Department of Environmental Protection on October 30, 2002.
    (i) Incorporation by reference.
    (A) Letter of October 30, 2002 from the Pennsylvania Department of 
Environmental Protection transmitting source-specific NOX 
RACT determinations.
    (B) Operating Permits (OP):
    (1) Dominion Trans Inc., Clinton County, Title V Permit No.: 18-
00005, effective February 16, 2000.
    (2) Textron Lycoming, Lycoming County, Title V Permit No.: 41-00005, 
effective January 12, 2001.
    (ii) Additional Material.
    (A) A letter of February 11, 2003 from the Pennsylvania Department 
of Environmental Protection to EPA transmitting materials related to the 
RACT

[[Page 719]]

permits listed in paragraph (c)(202)(i) of this section.
    (B) Other materials submitted by the Commonwealth of Pennsylvania in 
support of and pertaining to the RACT determinations for the source 
listed in paragraph (c)(202)(i)(B) of this section.
    (203) Revisions to Philadelphia Air Management Regulation XIII--
``Pertaining to the Construction, Modification, Reactivation, and 
Operation of Sources'' submitted on May 13, 1999 by the Pennsylvania 
Department of Environmental Protection on behalf of Philadelphia County 
Air Management Services:
    (i) Incorporation by reference.
    (A) Letter of May 13, 1999 from the Pennsylvania Department of 
Environmental Protection on behalf of Philadelphia County Air Management 
Services transmitting Regulation XIII governing the construction of new 
and modified sources and operation of existing sources of air pollution 
in the County.
    (B) Philadelphia Air Management Regulation XIII--``Pertaining to the 
Construction, Modification, Reactivation, and Operation of Sources'', 
except as it pertains to the new source review permit program and the 
title V operating permit program, effective October 30, 1995.
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(203)(i) of this 
section. (204) Revisions to the Pennsylvania Regulations to remove 
alternative emission reduction limitations for Andre Greenhouses, U.S. 
Steel, Scott Paper Company, Arbogast & Bastian, Inc., J.H. Thompson, 
Inc., and Bethlehem Steel Corp., submitted on March 6, 2000 by the 
Pennsylvania Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Letter of March 6, 2000 from the Pennsylvania Department of 
Environmental Protection transmitting the removal of 25 Pennsylvania 
Code Subpart C, Article II, Chapter 128.11 through 128.13 and 128.15 
through 128.20, the alternative emission reduction limitations for Andre 
Greenhouses, U.S. Steel, Scott Paper Company, Arbogast & Bastian, Inc., 
J.H. Thompson, Inc., and Bethlehem Steel Corporation, respectively.
    (B) Removal of 25 Pennsylvania Code Subpart C, Article II, Chapter 
128.11 through 128.13 and 128.15 through 128.20, effective September 5, 
1998.
    (ii) Remainder of State submittal pertaining to the revisions listed 
in paragraph (c)(204)(i) of this section.
    (205) Revision pertaining to NOX RACT determinations for 
a major source submitted by the Pennsylvania Department of Environmental 
Protection on February 4, 2003:
    (i) Incorporation by reference.
    (A) Letter submitted on February 4, 2003 by the Pennsylvania 
Department of Environmental Protection transmitting source-specific 
NOX RACT determinations.
    (B) Operating Permit (OP) for Lafayette College, Easton Campus, 
Northampton County, OP 48-0034, effective August 18, 1997.
    (ii) Additional Material. Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the source listed in paragraph (c)(205)(i) of this 
section.
    (206) [Reserved]
    (207) Revisions pertaining to VOC and NOX RACT for major 
sources submitted on February 4, 2003.
    (i) Incorporation by reference.
    (A) Letter submitted on February 4, 2003 by the Pennsylvania 
Department of Environmental Protection transmitting source-specific VOC 
and/or NOX RACT determinations, in the form of plan approvals 
or operating permits.
    (B) The following Operating Permits (OP):
    (1) Keystone Carbon Company, Elk County, OP 24-016, effective May 
15, 1995.
    (2) Mack Trucks, Inc., Northampton County, 39-0004, effective May 
31, 1995.
    (3) Owens-Brockway Glass Container, Inc., Jefferson County, OP 33-
033, effective March 27, 1995.
    (4) Resilite Sports Products, Inc., Northumberland County, OP-49-
0003, effective December 3, 1996.
    (5) Westfield Tanning Company, Tioga County, OP-59-0008, effective 
November 27, 1996.
    (ii) Additional Material.

[[Page 720]]

    (A) Other materials submitted by the Commonwealth of Pennsylvania in 
support of and pertaining to the RACT determinations for the sources 
listed in paragraph (c)(207)(i) of this section.
    (B) [Reserved]
    (208) Revisions pertaining to VOC and NOX RACT for major 
sources submitted on October 25, 1999, and February 4, 2003, by the 
Pennsylvania Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Letters submitted on October 26, 1999, and February 4, 2003 by 
the Pennsylvania Department of Environmental Protection transmitting 
source-specific VOC and/or NOX RACT determinations, in the 
form of operating permits.
    (B) Operating permits (OP) issued to the following sources:
    (1) Tarkett Incorporated, Lehigh County, OP 39-0002, effective May 
31, 1995.
    (2) Harcros Pigments, Inc., Northampton County, OP 48-0018, 
effective July 31, 1996.
    (ii) Additional Material.
    (A) Other materials submitted by the Commonwealth of Pennsylvania in 
support of and pertaining to the RACT determinations for the sources 
listed in paragraph (c)(208)(i) of this section.
    (209) Revisions for a federally enforceable state operating permit 
program applicable in Allegheny County, Pennsylvania submitted on 
November 9, 1998 and March 1, 2001 by the Pennsylvania Department of 
Environmental Protection on behalf of the Allegheny County Health 
Department:
    (i) Incorporation by reference.
    (A) Letters of November 9, 1998 and March 1, 2001 from the 
Pennsylvania Department of Environmental Protection, on behalf of the 
Allegheny County Health Department, transmitting a federally enforceable 
state operating permit program.
    (B) Addition of the following Allegheny County Health Department 
Rules and Regulations, Article XXI Air Pollution Control:
    (1) Regulation 2101.05, Regulation 2103.12--effective March 31, 
1998.
    (2) Regulation 2103.01, Regulation 2103.11, Regulation 2103.13, 
Regulation 2103.15--effective October 20, 1995.
    (3) Regulation 2103.14--effective January 12, 2001.
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(209)(i) of this 
section.
    (210) Revisions to the Pennsylvania Regulations which include 
amendments to the 2001 Pittsburgh-Beaver Valley ozone maintenance plan 
submitted on April 11, 2003 by the Pennsylvania Department of 
Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of April 11, 2003 from the Pennsylvania Department of 
Environmental Protection transmitting revisions to the Pittsburgh-Beaver 
Valley ozone maintenance plan.
    (B) Amendments to the Pittsburgh-Beaver Valley ozone maintenance 
plan which add sections E-2 and E-3, effective April 2003.
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(210)(i) of this 
section.
    (211) Revisions to the Pennsylvania Emission Inspection Program 
Regulations to adopt revised alternative final ASM test cutpoints 
submitted on July 23, 2003 by the Department of Environmental 
Protection:
    (i) Incorporation by reference.
    (A) Letter of July 23, 2003 from the Secretary of the Department of 
Environmental Protection transmitting a regulatory amendment to the 
motor vehicle emissions testing program to adopt an alternative set of 
final ASM test cutpoints developed by EPA.
    (B) Revisions to Chapter 177, Appendix A, Section 1 of the 
Pennsylvania motor vehicle emission inspection program regulations 
(codified in the Pennsylvania Code at Title 67, Part I, Subpart A, 
Article VII), effective on May 24, 2003.
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(211)(i) of this 
section.
    (212) Revisions to the Pennsylvania Regulations pertaining to VOC 
and NOX RACT for major sources submitted on July 2, 2003 by 
the Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of July 2, 2003 by the Pennsylvania Department of 
Environmental

[[Page 721]]

Protection transmitting source-specific NOX and VOC RACT 
determinations.
    (B) The following operating permits (OP):
    (1) GPU Generation Corp., Homer City Station, Indiana County, 32-
000-055, effective October 29, 1998.
    (2) GPU Generation Corp., Seward Station, Indiana County, 32-000-
040, effective April 30, 1998.
    (3) Ebensburg Power Company, Ebensburg Cogeneration Plant, Cambria 
County, 11-000-318, effective March 28, 2001.
    (4) Sithe Pennsylvania Holdings LLC, Warren Station, Warren County, 
OP-62-012B, effective January 20, 2000.
    (5) Pennsylvania Power & Light Company, Sunbury SES, Snyder County, 
OP-55-0001A, effective July 7, 1997.
    (6) Lakeview Landfill, Erie County, OP-25-920, effective May 29, 
1997.
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(212)(i) of this 
section.
    (213) Revisions pertaining to NOX and VOC RACT for 
National Fuel Gas Supply Corporation's Roystone Compressor Station, 
located in Sheffield, Warren County, Pennsylvania; and Crompton 
Corporation's facility located in Fairview Township, Butler County, 
Pennsylvania submitted by the Secretary of the Pennsylvania Department 
of the Environment on July 2, 2003.
    (i) Incorporation by reference.
    (A) Letter submitted on July 2, 2003, by the Pennsylvania Department 
of Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations, in the form of operating permits:
    (B) Operating permit (OP):
    (1) National Fuel Gas Supply Corp., Roystone Compressor Station, 
Sheffield, Warren County, OP 62-141F, effective date April 1, 2003.
    (2) Crompton Corporation, Fairview Township, Butler County, OP 10-
037, effective date June 4, 2003.
    (ii) Additional Material--Additional materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the sources listed in paragraph (c)(213)(i) of this 
section.
    (214) Revisions to the Pennsylvania Regulations pertaining to VOC 
and NOX RACT for major sources submitted on July 2, 2003 by 
the Pennsylvania Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Letter of July 2, 2003 from the Pennsylvania Department of 
Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations in the form of plan approvals or 
operating permits.
    (B) Plan Approval (PA); Operating Permit (OP):
    (1) Andritz, Inc., Lycoming County, 41-00010C, effective April 30, 
2003.
    (2) Brodart Company, Clinton County, 18-0007A, effective April 8, 
2003.
    (3) Erie Sewer Authority, Erie County, OP-25-179, effective June 5, 
2003.
    (ii) Additional Materials--Remainder of the State submittals 
pertaining to the revisions listed in paragraph (c)(214)(i) of this 
section.
    (215) The PM10 Redesignation and Maintenance Plan for the 
Liberty Borough area of Allegheny County, Pennsylvania nonattainment 
area submitted on October 28, 2002 by the Pennsylvania Department of 
Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of October 28, 2002 from the Pennsylvania Department of 
Environmental Protection transmitting the redesignation request and 
maintenance plan for the PM10 nonattainment area in the 
Liberty Borough area of Allegheny County, Pennsylvania.
    (B) Maintenance Plan for the Liberty Borough PM10 
nonattainment area consisting of Part IV, ``Maintenance Plan--
Redesignation Criterion 4''; Part I, ``Attainment of the Standard--
Redesignation Criterion I,'' Section B, Figure 3a--''Countywide Network 
of PM10 Monitors, (Current)'', Section C ``Modeled 
Attainment''; Part VI ``Documentation of Administrative Procedures,'' 
Section F ``Certification of Approval and Adoption''; Appendix B : 
``Attainment Inventory''; Appendix C: ``Mon-Fayette Expressway 
Alignment''; Appendix D: ``Employment Forecasts''; Appendix E: ``Census 
and Population Forecasts,'' dated October 4, 2002 and effective 
September 14, 2002.
    (ii) Additional material.

[[Page 722]]

    (A) Remainder of the October 28, 2002 State submittal(s) pertaining 
to the revisions listed in paragraph (c)(215)(i) of this section.
    (B) Additional material submitted by the State on June 20, 2003 
which consisted of minor corrections to the PM10 ambient air 
quality data included in the redesignation request.
    (216) Revisions to the Allegheny portion of the Pennsylvania State 
Implementation Plan (SIP) submitted on August 15, 2003 by the 
Pennsylvania Department of Environmental Protection consisting of a 
regulatory change to Article XXI, section 2104.03, Sulfur Oxide 
Emissions, a modeled demonstration of attainment of the national ambient 
air quality standards (NAAQS) for SO2 in the Hazelwood and 
Monongahela River Valley areas of Allegheny County, and the 
SO2 Maintenance Plan for these areas associated with their 
redesignation to attainment:
    (i) Incorporation by reference.
    (A) Letter of August 15, 2003 from the Pennsylvania Department of 
Environmental Protection transmitting a regulatory change to the 
allowable sulfur oxide emission limits for fuel burning equipment, a 
modeled demonstration of attainment, and the maintenance plan for the 
Hazelwood and Monongahela River Valley areas of Allegheny County, 
Pennsylvania.
    (B) Maintenance Plan for Sulfur Dioxide for Southwestern 
Pennsylvania, Parts I through V, and Appendices A and B, dated August 
2001, and effective July 10, 2003.
    (C) Revisions to section 2104.03 of Article XXI, Rules and 
Regulations of the Allegheny County Health, effective July 10, 2003.
    (ii) Additional Material.
    (A) Remainder of the August 15, 2003 State submittal pertaining to 
the revisions listed in paragraph (c)(216)(i) of this section.
    (B) Additional material submitted by the Pennsylvania Department of 
Environmental Protection on February 12, 2004, which consists of minor 
clarifications to the Summary and Responses document from the public 
hearing, and a letter dated February 6, 1992 which was referenced but 
not included in the August 15, 2003 SIP revision submittal.
    (217) Revisions to the Pennsylvania Regulations pertaining to 
NOX RACT for a major source submitted on August 15, 2003 by 
the Pennsylvania Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Letter of August 15, 2003 from the Pennsylvania Department of 
Environmental Protection transmitting source-specific NOX 
RACT determinations.
    (B) Operating Permit (OP) for Hercules Cement Company, Northampton 
County, 48-0005A, effective April 16, 1999.
    (ii) Additional Material--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the source listed in paragraph (c)(217)(i)(B) of this 
section.
    (218) Revisions pertaining to VOC and NOX RACT for 
Tennessee Gas Pipeline Company, Station 321, located in Susquehanna 
County, Pennsylvania; and Tennessee Gas Pipeline Company, Station 219, 
located in Mercer County, Pennsylvania submitted by the Secretary of the 
Pennsylvania Department of Environmental Protection on August 15, 2003.
    (i) Incorporation by reference.
    (A) Letter submitted on August 15, 2003 by the Pennsylvania 
Department of Environmental Protection transmitting source-specific VOC 
and/or NOX RACT determinations, in the form of operating 
permits:
    (B) Operating permit (OP):
    (1) Tennessee Gas Pipeline Company, Station 321, Susquehanna County, 
OP-58-0001A, effective date April 16, 1999.
    (2) Tennessee Gas Pipeline Company, Station 219, Mercer County, OP-
43-0272, effective date April 7, 1998.
    (ii) Additional Material--Additional materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determinations for the sources listed in paragraph (c)(218)(i) of this 
section.
    (219)-(221) [Reserved]
    (222) Revisions to Pennsylvania's 1-hour ozone maintenance plan for 
the Reading area to amend the contingency measures and to revise the 
attainment year mobile emissions inventories and the 2004 and 2007 motor 
vehicle emission budgets to reflect the use

[[Page 723]]

of MOBILE6. These revisions were submitted by the Commonwealth of 
Pennsylvania's Department of Environmental Protection to EPA on December 
9, 2003.
    (i) Incorporation by reference.
    (A) Letter of December 9, 2003 from the Secretary of the 
Pennsylvania Department of Environmental Protection transmitting 
revisions to Pennsylvania's 1-hour ozone maintenance plan for the 
Reading area.
    (B) Document entitled ``Revision to the State Implementation Plan 
for the Reading Area (Berks County).'' This document, dated November 
2003, establishes the following:
    (1) Revisions to the Reading area's 1-hour ozone maintenance plan, 
establishing revised motor vehicle emissions budgets of 17.02 tons/day 
of volatile organic compounds (VOC) and 28.99 tons/day of oxides of 
nitrogen (NOX) for 2004; and motor vehicle emissions budgets 
of 13.81 tons/day of VOC and 23.06 tons/day of NOX for 2007.
    (2) Revision to the Reading area's 1-hour ozone maintenance plan 
which moves the Inspection and Maintenance program from the contingency 
measures portion of the plan and to make it part of the maintenance 
strategy.
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(222)(i) of this 
section.
    (223) [Reserved]
    (224) The SO2 Redesignation Request and Maintenance Plan 
for Conewango Township, Pleasant Township, Glade Township, and the City 
of Warren in Warren County, Pennsylvania, submitted on May 7, 2004, by 
the Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of May 7, 2004 from the Pennsylvania Department of 
Environmental Protection transmitting the redesignation request and the 
maintenance plan for the SO2 nonattainment areas of Conewango 
Township, Pleasant Township, Glade Township, and the City of Warren, in 
Warren County, Pennsylvania.
    (B) The Conewango Township, Pleasant Township, Glade Township, and 
City of Warren, Warren County Sulfur Dioxide Maintenance Plan, dated 
May, 2004.
    (ii) Additional Material.
    (A) Remainder of the State submittal pertaining to the revisions 
listed in paragraph (c)(224)(i) of this section.
    (B) Letter of March 15, 2004 from the Pennsylvania Department of 
Environmental Protection, transmitting the redesignation request and 
maintenance plan for the Conewango Township, Pleasant Township, Glade 
Township, and the City of Warren, and the request to change the status 
of Mead Township and Clarendon Borough.
    (225) [Reserved]
    (226) Revisions to Pennsylvania's 1-hour ozone maintenance plan for 
the Pittsburgh-Beaver Valley area to revise the highway mobile emissions 
and the motor vehicle emission budgets to reflect the use of MOBILE6. 
These revisions were submitted by the Commonwealth of Pennsylvania's 
Department of Environmental Protection on April 22, 2004.
    (i) Incorporation by reference.
    (A) Letter of April 22, 2004 from the Pennsylvania Department of 
Environmental Protection transmitting a revision to Pennsylvania's 1-
hour ozone maintenance plan for the Pittsburgh-Beaver Valley area.
    (B) Document entitled, ``Revision to the State Implementation Plan 
for the Pittsburgh-Beaver Valley Area--Revised Highway Vehicle Emissions 
Budgets'' dated April, 2004. The document revises the Pittsburgh-Beaver 
Valley 1-hour ozone maintenance plan, establishing revised motor vehicle 
emission budgets of 74.03 tons/day of volatile organic compounds (VOC) 
and 140.63 tons/day of nitrogen oxides (NOX) for 2004, 60.42 
tons/day of VOC and 110.37 tons/day of NOX for 2007, and 
45.68 tons/day of VOC and 77.09 tons/day of NOX for 2011.
    (ii) Additional Material. Remainder of the Commonwealth's April 22, 
2004 submittal pertaining to the revision listed in paragraph 
(c)(226)(i) of this section.
    (227) Revisions pertaining to the control of volatile organic 
compound emissions from architectural and industrial maintenance 
coatings submitted on December 3, 2003 and October 19, 2004 by the 
Commonwealth of Pennsylvania

[[Page 724]]

Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letters of December 3, 2003 and October 19, 2004 from the 
Pennsylvania Department of Environmental Protection transmitting 
Pennsylvania's Architectural and Industrial Maintenance Coatings 
regulations.
    (B) 25 Pa. Code Chapter 130, Subchapter C. Architectural and 
Industrial Maintenance Coatings, Subsections 130.601-130.611, inclusive, 
effective October 25, 2003.
    (ii) Additional Materials--Remainder of the Commonwealth's 
submittals pertaining to the revisions listed in paragraph (c)(227)(i) 
of this section.
    (228) [Reserved]
    (229) Revisions to the Pennsylvania Regulations, Chapter 130, 
Subchapter A pertaining to volatile organic compound control 
requirements for portable fuel containers submitted on March 26, 2003 by 
the Pennsylvania Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Letter of March 26, 2003 from the Pennsylvania Department of 
Environmental Protection transmitting the Pennsylvania regulations for 
portable fuel containers.
    (B) 25 Pa Code Chapter 130 Subchapter A. Portable Fuel Containers, 
Sections 130.101-130.108, inclusive, effective on October 5, 2002.
    (ii) Additional Material. Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(229)(i) of this 
section.
    (230) Revisions pertaining to the control of volatile organic 
compound emissions from consumer products submitted on March 26, 2003 by 
the Pennsylvania Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of March 26, 2003 from the Pennsylvania Department of 
Environmental Protection transmitting Pennsylvania's consumer products 
regulations.
    (B) 25 PA Code Chapter 130 Subchapter B. Consumer Products, 
effective on October 5, 2002, consisting of Sections 130.201 and 
130.202, 130.211 through 130.216, 130.331 through 130.337, 130.351 and 
130.352, 130.371 through 130.373, 130.391 and 130.392, 130.411 and 
130.414, 130.431, 130.451 through 130.465, and 130.471.
    (ii) Additional Material. Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(230)(i) of this 
section.

[38 FR 16567, June 22, 1973]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2063, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



                         Subpart OO_Rhode Island



Sec. 52.2070  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for Rhode Island 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 as incorporated 
by reference in paragraphs (c) and (d) of this section 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 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 
October 15, 2008, will be incorporated by reference in the next update 
to the SIP compilation.
    (2) EPA Region 1 certifies that the rules/regulations provided by 
EPA at the addresses in paragraph (b)(3) of this section are an exact 
duplicate of the officially promulgated State rules/regulations which 
have been approved as part of the State Implementation Plan as of 
October 15, 2008.
    (3) Copies of the materials incorporated by reference may be 
inspected at the New England Regional Office of EPA at One Congress 
Street, Suite 1100, Boston, MA 02114-2023; the EPA, Air and Radiation 
Docket and Information Center, Room Number 3334, EPA West Building, 1301 
Constitution Ave., NW., Washington, DC 20460, and the National Archives 
and Records Administration [NARA]. If you wish to obtain materials from 
a docket in the EPA

[[Page 725]]

Regional Office, please call telephone number (617) 918-1668; for 
material from a docket in EPA Headquarters Library, please call the 
Office of Air and Radiation (OAR) Docket/Telephone number (202) 566-
1742. For information on the availability of this material at NARA, call 
202-741-6030, or go to: http://www.archives.gov/federal--register/code--
of--federal--regulations/ibr--locations.html.
    (c) EPA Approved regulations.

                                      EPA-Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
                                                     State effective
         State citation            Title/subject           date        EPA approval date       Explanations
----------------------------------------------------------------------------------------------------------------
Air Pollution Control            Visible emissions  2/22/1977........  5/7/1981, 46 FR
 Regulation 1.                                                          25446.
Air Pollution Control            Handling of soft   2/22/1977........  5/7/1981, 46 FR
 Regulation 2.                    coal.                                 25446.
Air Pollution Control            Particulate        2/22/1977........  5/7/1981, 46 FR
 Regulation 3.                    emissions from                        25446.
                                  industrial
                                  processes.
Air Pollution Control            Open fires.......  2/22/1977........  5/7/1981, 46 FR
 Regulation 4.                                                          25446.
Air Pollution Control            Fugitive dust....  2/22/1977........  5/7/1981, 46 FR
 Regulation 5.                                                          25446.
Air Pollution Control            Continuous         11/22/1989.......  9/30/1991, 56 FR   RI Air Pollution
 Regulation 6.                    emission                              49414.             Control Regulation
                                  monitors.                                                Number 6 is also
                                                                                           referred to by the
                                                                                           title ``Opacity
                                                                                           Monitors''.
Air Pollution Control            Emission of air    7/19/1977........  5/7/1981, 46 FR
 Regulation 7.                    contaminants                          25446.
                                  detrimental to
                                  persons or
                                  property.
Air Pollution Control            Sulfur content of  5/2/1985.........  1/8/1986, 51 FR
 Regulation 8.                    fuels.                                755.
Air Pollution Control            Air pollution      4/8/1996.........  12/2/1999, 64 FR   Definition of VOC
 Regulation 9.                    control permits.                      67495.             revised. All of No. 9
                                                                                           is approved with the
                                                                                           exception of Sections
                                                                                           9.13, 9.14, 9.15, and
                                                                                           Appendix A which
                                                                                           Rhode Island did not
                                                                                           submit as part of SIP
                                                                                           revision.
Air Pollution Control            Air pollution      2/22/1977........  5/7/1981, 46 FR
 Regulation 10.                   episodes.                             25446.
Air Pollution Control            Petroleum liquids  1/31/1993........  12/17/1993, 58 FR
 Regulation 11.                   marketing and                         65930.
                                  storage.
Air Pollution Control            Incinerators.....  4/22/1981........  4/26/1982, 47 FR
 Regulation 12.                                                         17816.
Air Pollution Control Revisions  Particulate        10/5/1982........  3/29/1983, 48 FR
 to Regulation 13.                emissions from                        13026.
                                  fossil fuel
                                  fired steam or
                                  hot water
                                  generating units.
Air Pollution Control            Recordkeeping and  4/8/1996.........  12/2/1999, 64 FR   Definition of VOC
 Regulation 14.                   reporting.                            67495.             revised.
Air Pollution Control            Control of         4/8/1996.........  12/2/1999, 64 FR   Limited approval.
 Regulation 15.                   organic solvent                       67495.             Applicability
                                  emissions.                                               threshold decreased
                                                                                           to 50 tpy. Definition
                                                                                           of VOC revised. All
                                                                                           of No. 15 is approved
                                                                                           with the exception of
                                                                                           15.2.2 which Rhode
                                                                                           Island did not submit
                                                                                           as part of the SIP
                                                                                           revision.
Air Pollution Control            Operation of air   2/22/1977........  5/7/1981, 46 FR
 Regulation 16.                   pollution                             25446.
                                  control system.
Air Pollution Control            Odors............  2/22/1977........  5/7/1981, 46 FR
 Regulation 17.                                                         25446.
Air Pollution Control            Control of         Withdrawn........  12/2/1999, 64 FR   No. 18 is superseded
 Regulation 18.                   Emissions from                        67495.             by No. 36.
                                  Organic Solvent
                                  Cleaning.
Air Pollution Control            Control of         3/7/1996.........  12/2/1999, 64 FR   Definition of VOC
 Regulation 19.                   Volatile Organic                      67495.             revised. Wood
                                  Compounds from                                           products requirements
                                  Surface Coating                                          deleted because state
                                  Operations.                                              adopted new
                                                                                           Regulation No. 35
                                                                                           which addresses wood
                                                                                           products. Except
                                                                                           19.2.2.

[[Page 726]]

 
Air Pollution Control            Control of         4/8/1996.........  12/2/1999, 64 FR   Applicability
 Regulation 21.                   Volatile Organic                      67495.             threshold decreased
                                  Compounds from                                           to 50 tpy. Definition
                                  Printing                                                 of VOC revised. All
                                  Operations.                                              of No. 21 is approved
                                                                                           with the exception of
                                                                                           Section 21.2.3 which
                                                                                           the State did not
                                                                                           submit as part of the
                                                                                           SIP revision.
Air Pollution Control            Control of VOC     4/8/1996.........  12/2/1999, 64 FR   Definition of VOC
 Regulation 25.                   Emissions from                        67495.             revised. All of No.
                                  Cutback and                                              25 is approved with
                                  Emulsified                                               the exception of
                                  Asphalt.                                                 Section 25.2.2 which
                                                                                           the state did not
                                                                                           submit as part of the
                                                                                           SIP revision.
Air Pollution Control            Control of         4/8/1996.........  12/2/1999, 64 FR   Definition of VOC
 Regulation 26.                   Organic Solvent                       67495.             revised. All of No.
                                  Emissions from                                           26 is approved with
                                  Manufacture of                                           the exception of
                                  Synthesized                                              26.2.3 which the
                                  Pharmaceutical                                           state did not submit
                                  Products.                                                as part of the SIP
                                                                                           revision.
Air Pollution Control            Control of         1/16/1996........  9/2/1997, 62 FR
 Regulation 27.                   nitrogen oxide                        46202.
                                  emissions.
Air Pollution Control            Emissions Caps...  4/28/1995........  3/22/1996, 61 FR   This rule limits a
 Regulation 29.3.                                                       11731.             source's potential to
                                                                                           emit, therefore
                                                                                           avoiding RACT, Title
                                                                                           V Operating Permit.
Air Pollution Control            Control of VOCs    4/8/1996.........  12/2/1999, 64 FR   Definition of VOC
 Regulation 30.                   from Automotive                       67495.             revised. All of No.
                                  Refinishing                                              30 is approved with
                                  Operations.                                              the exception of
                                                                                           Section 30.2.2 which
                                                                                           the state did not
                                                                                           submit as part of the
                                                                                           SIP revision.
Air Pollution Control            Control of VOCs    4/8/1996.........  12/2/1999, 64 FR   Definition of VOC
 Regulation 31.                   from Commercial                       67495.             revised. All of No.
                                  and Consumer                                             31 is approved with
                                  Products.                                                the exception of
                                                                                           Section 31.2.2 which
                                                                                           the state did not
                                                                                           submit as part of the
                                                                                           SIP revision.
Air Pollution Control            Control of VOCs    4/8/1996.........  12/2/1999, 64 FR   Definition of VOC
 Regulation 32.                   from Marine                           67495.             revised. All of No.
                                  Vessel Loading                                           32 is approved with
                                  Operations.                                              the exception of
                                                                                           Section 32.2.2 which
                                                                                           the state did not
                                                                                           submit as part of the
                                                                                           SIP revision.
Air Pollution Control            Control of VOCs    4/8/1996.........  12/2/1999, 64 FR   Definition of VOC
 Regulation 33.                   from                                  67495.             revised. All of No.
                                  Architectural                                            33 is approved with
                                  Coatings and                                             the exception of
                                  Industrial                                               Section 33.2.2 which
                                  Maintenance                                              the state did not
                                  Coatings.                                                submit as part of the
                                                                                           SIP revision.
Air Pollution Control            Rhode Island       3/30/2000........  2/9/2001, 66 FR    Department of
 Regulation 34.                   Motor Vehicle                         9661.              Environmental
                                  Inspection/                                              Management regulation
                                  Maintenance                                              containing I/M
                                  Program.                                                 standards.
Air Pollution Control            Control of VOCs    7/7/1996.........  12/2/1999, 64 FR   All of No. 35 is
 Regulation 35.                   and Volatile                          67495.             approved with the
                                  Hazardous Air                                            exception of Section
                                  Pollutants from                                          35.2.3 which the
                                  Wood Products                                            state did not submit
                                  Manufacturing                                            as part of the SIP
                                  Operations.                                              revision.
Air Pollution Control            Control of         4/18/1996........  12/2/1999, 64 FR   All of No. 36 is
 Regulation 36.                   Emissions from                        67495.             approved with the
                                  Organic Solvent                                          exception of Section
                                  Cleaning.                                                36.2.2 which the
                                                                                           state did not submit
                                                                                           as part of the SIP
                                                                                           revision.
Air Pollution Control            Rhode Island's     12/7/1999........  3/9/2000, 65 FR    Includes National LEV
 Regulation 37.                   Low Emission                          12476.             as a compliance
                                  Vehicle Program.                                         alternative.
Air Pollution Control            Nitrogen Oxides    6/10/1998........  6/2/1999, 64 FR
 Regulation 38.                   Allowance                             29567.
                                  Program.
Air Pollution Control            NOX Budget         10/1/1999........  12/27/2000, 65 FR
 Regulation 41.                   Trading Program.                      81743.
Air Pollution Control            Rhode Island       7/19/2007........  3/27/2008, 73 FR   Limits idling for
 Regulation 45.                   Diesel Engine                         16203.             diesel on-highway and
                                  Anti-Idling                                              non-road engines.
                                  Program.

[[Page 727]]

 
Rhode Island Motor Vehicle       Rhode Island       1/31/2001........  2/9/2001, 66 FR    Department of
 Safety and Emissions Control     Motor Vehicle                         9661.              Administration
 Regulation No. 1.                Inspection/                                              regulations for the I/
                                  Maintenance                                              M program.
                                  Program.
----------------------------------------------------------------------------------------------------------------

    (d) EPA-approved State Source specific requirements.

                             EPA-Approved Rhode Island Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                     State effective
         Name of source              Permit No.            date        EPA approval date       Explanations
----------------------------------------------------------------------------------------------------------------
Narragansett Electric Company    A.H. File No. 83-  8/29/1983........  7/27/1984, 49 FR   Revisions to Air
 South Street Station in          12-AP.                                30177.             Pollution Control
 Providence.                                                                               Regulation 8,
                                                                                           ``Sulfur Content of
                                                                                           Fuels,'' specifying
                                                                                           maximum sulfur-in-
                                                                                           coal limits (1.21 lbs/
                                                                                           MMBtu on a 30-day
                                                                                           rolling average and
                                                                                           2.31 lbs/MMBtu on a
                                                                                           24-hour average).
                                                                                           These revisions
                                                                                           approve Section
                                                                                           8.3.4, ``Large Fuel
                                                                                           Burning Devices Using
                                                                                           Coal,'' for South
                                                                                           Street Station only.
Stanley Bostitch, Bostitch       A.H. File No. 85-  6/6/1985.........  12/11/1986, 51 FR  RIDEM and Bostitch
 Division of Textron.             8-AP.                                 44604.             administrative
                                                                                           consent agreement
                                                                                           effective 6/6/85.
                                                                                           Requires Bostitch to
                                                                                           reformulate certain
                                                                                           solvent-based
                                                                                           coatings to low/no
                                                                                           solvent formulation
                                                                                           by 12/31/86. Also
                                                                                           addendum dated 9/20/
                                                                                           85 defining emission
                                                                                           limitations
                                                                                           reformulated coatings
                                                                                           must meet.
                                                                                          (A) An administrative
                                                                                           consent agreement
                                                                                           between the RIDEM and
                                                                                           Bostitch Division of
                                                                                           Textron.
                                                                                          (B) A letter to
                                                                                           Bostitch Division of
                                                                                           Textron from the
                                                                                           RIDEM dated September
                                                                                           20, 1985 which serves
                                                                                           as an addendum to the
                                                                                           consent agreement.
                                                                                           The addendum defines
                                                                                           the emission
                                                                                           limitations which
                                                                                           Bostitch's Division
                                                                                           of Textron
                                                                                           reformulated coatings
                                                                                           must meet.
Keene Corporation, East          A.H. File No. 85-  9/12/1985........  8/31/1987, 52 FR   RIDEM and Keene
 Providence, RI.                  10-AP.                                32793.             Corporation
                                                                                           administrative
                                                                                           consent agreement
                                                                                           effective 9/12/85.
                                                                                           Granting final
                                                                                           compliance date
                                                                                           extension for the
                                                                                           control of organic
                                                                                           solvent emissions
                                                                                           from six paper
                                                                                           coating lines.
                                                                                          (A) Letter from the
                                                                                           RIDEM dated November
                                                                                           5, 1985 submitting
                                                                                           revisions to the RI
                                                                                           SIP.
                                                                                          (B) An administrative
                                                                                           consent agreement
                                                                                           between the RIDEM and
                                                                                           Keene Corporation.
Tech Industries................  File No. 86-12-AP  11/24/1987.......  3/10/1989, 54 FR   RIDEM and Tech
                                                                        10145.             Industries original
                                                                                           administrative
                                                                                           consent agreement (86-
                                                                                           12-AP) [except for
                                                                                           provisions 7 and 8]
                                                                                           effective 6/12/86, an
                                                                                           addendum effective 11/
                                                                                           24/87, defining and
                                                                                           imposing reasonably
                                                                                           available control
                                                                                           technology to control
                                                                                           volatile organic
                                                                                           compounds.
                                                                                          (A) An administrative
                                                                                           consent agreement (86-
                                                                                           12-AP), except for
                                                                                           Provisions 7 and 8,
                                                                                           between the RIDEM and
                                                                                           Tech Industries
                                                                                           effective June 12,
                                                                                           1986.

[[Page 728]]

 
                                                                                          (B) An addendum to the
                                                                                           administrative
                                                                                           consent agreement (86-
                                                                                           12-AP) between the
                                                                                           RIDEM and Tech
                                                                                           Industries. The
                                                                                           addendum was
                                                                                           effective November
                                                                                           24, 1987.
                                                                                          (C) Letters dated May
                                                                                           6, 1987; October 15,
                                                                                           1987; and January 4,
                                                                                           1988 submitted to the
                                                                                           EPA by the RIDEM.
University of Rhode Island.....  A.P. File No. 87-  3/17/1987........  9/19/1989, 54 FR   Revisions to the SIP
                                  5-AP.                                 38517.             submitted by the
                                                                                           RIDEM on April 28,
                                                                                           1989, approving a
                                                                                           renewal of a sulfur
                                                                                           dioxide bubble for
                                                                                           the University of
                                                                                           Rhode Island.
University of Rhode Island.....  File No. 95-50-AP  3/12/1996........  9/2/1997, 62 FR    An administrative
                                                                        46202.             consent agreement
                                                                                           between RIDEM and
                                                                                           University of Rhode
                                                                                           Island, Alternative
                                                                                           NOX RACT (RI
                                                                                           Regulation 27.4.8)
Providence Metallizing in        File No. 87-2-AP.  4/24/1990........  9/6/1990, 55 FR    Define and impose RACT
 Pawtucket, Rhode Island.                                               36635.             to control volatile
                                                                                           organic compound
                                                                                           emissions.
                                                                                          (A) Letter from the
                                                                                           RIDEM dated April 26,
                                                                                           1990, submitting a
                                                                                           revision to the RI
                                                                                           SIP.
                                                                                          (B) An administrative
                                                                                           consent agreement (87-
                                                                                           2-AP) between the
                                                                                           RIDEM and Providence
                                                                                           Metallizing effective
                                                                                           July 24, 1987.
                                                                                          (C) An amendment to
                                                                                           the administrative
                                                                                           consent agreement (87-
                                                                                           2-AP) between the
                                                                                           RIDEM and Providence
                                                                                           Metallizing effective
                                                                                           May 4, 1989.
                                                                                          (D) An addendum to the
                                                                                           administrative
                                                                                           consent agreement (87-
                                                                                           2-AP) between the
                                                                                           RIDEM and Providence
                                                                                           Metallizing effective
                                                                                           April 24, 1990.
Tillotson-Pearson in Warren,     File No. 90-1-AP.  6/5/1990.........  8/31/1990, 55 FR   Revisions to the SIP
 Rhode Island.                                                          35623.             submitted by the
                                                                                           RIDEM on May 24,
                                                                                           1990, to define and
                                                                                           impose RACT to
                                                                                           control volatile
                                                                                           organic compound
                                                                                           emissions.
                                                                                          (A) Letter from the
                                                                                           RIDEM dated May 24,
                                                                                           1990 submitting a
                                                                                           revision to the RI
                                                                                           SIP.
                                                                                          (B) An Administrative
                                                                                           consent agreement (90-
                                                                                           1-AP) between the
                                                                                           RIDEM and Tillotson-
                                                                                           Pearson.
Rhode Island Hospital..........  File No. 95-14-AP  11/27/1995.......  9/2/1997, 62 FR    Alternative NOX RACT.
                                                                        46202.             An administrative
                                                                                           consent agreement
                                                                                           between the RIDEM and
                                                                                           RI Hospital.
Osram Sylvania Incorporated....  File No. 96-06-AP  9/4/1996.........  9/2/1997, 62 FR    Alternative NOX RACT.
                                                                        46202.
                                                                                          (A) An Administrative
                                                                                           consent agreement
                                                                                           between the RIDEM and
                                                                                           Osram Sylvania
                                                                                           Incorporated, file
                                                                                           no. 96-06-AP,
                                                                                           effective September
                                                                                           4, 1996.
                                 Air Pollution      (B) An air
                                  Permit Approval,   pollution Permit
                                  No. 1350.          approval, no.
                                                     1350 Osram
                                                     Sylvania
                                                     Incorporated
                                                     issued by RIDEM
                                                     effective May
                                                     14, 1996..
Algonquin Gas Transmission       File No. 95-52-AP  12/5/1995........  9/2/1997, 62 FR    Alternative NOX RACT.
 Company.                                                               46202.
                                                                                          (A) Letter from the
                                                                                           RIDEM dated September
                                                                                           17, 1996 submitting a
                                                                                           revision to the RI
                                                                                           SIP.

[[Page 729]]

 
                                                                                          (B) An administrative
                                                                                           consent agreement
                                                                                           between RIDEM and
                                                                                           Algonquin Gas
                                                                                           Transmission Company,
                                                                                           effective on December
                                                                                           5, 1995.
Bradford Dyeing Association,     File No. 95-28-AP  11/17/1995.......  9/2/1997, 62 FR    Alternative NOX RACT.
 Inc.                                                                   46202.             An administrative
                                                                                           consent agreement
                                                                                           between RIDEM and
                                                                                           Bradford Dyeing
                                                                                           Association, Inc.
Hoechst Celanese Corporation...  File No. 95-62-AP  11/20/1995.......  9/2/1997, 62 FR    Alternative NOX RACT.
                                                                        46202.             An administrative
                                                                                           consent agreement
                                                                                           between RIDEM and
                                                                                           Hoechst Celanese
                                                                                           Corporation.
Naval Education and Training     File No. 96-07-AP  3/4/1996.........  9/2/1997, 62 FR    Alternative NOX RACT.
 Center in Newport.                                                     46202.             An administrative
                                                                                           consent agreement
                                                                                           between RIDEM and
                                                                                           Naval Education and
                                                                                           Training Center in
                                                                                           Newport.
Rhode Island Economic            File No. 96-04-AP  9/2/1997.........  6/2/1999, 64 FR    Alternative NOX RACT.
 Development.                                                           29567.             A consent agreement
                                                                                           between RIDEM and
                                                                                           Rhode Island Economic
                                                                                           Development
                                                                                           Corporation's Central
                                                                                           Heating Plant in
                                                                                           North Kingstown.
Cranston Print Works...........  A.H. File No. 95-  12/19/1995.......  12/2/1999, 64 FR   Non-CTG VOC RACT
                                  30-AP.                                67495.             Determination.
CCL Custom Manufacturing.......  A.H. File No. 97-  4/10/1997; and 10/ 12/2/1999, 64 FR   Non-CTG VOC RACT
                                  02-AP.             27/1999.           67495.             Determination.
Victory Finishing Technologies.  A.H. File No. 96-  5/24/1996........  12/2/1999, 64 FR   Non-CTG VOC RACT
                                  05-AP.                                67495.             Determination.
Quality Spray and Stenciling...  A.H. File No. 97-  10/21/1997; and 7/ 12/2/1999, 64 FR   Non-CTG VOC RACT
                                  04-AP.             13/1999.           67495.             Determination.
Guild Music....................  A.H. File No. 95-  11/9/1995........  12/2/1999, 64 FR   Non-CTG VOC RACT
                                  65-AP.                                67495.             Determination.
----------------------------------------------------------------------------------------------------------------

    (e) Nonregulatory.

                                           Rhode Island Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of non regulatory SIP      geographic or     State submittal
           provision               nonattainment      date/effective   EPA approved date       Explanations
                                        area               date
----------------------------------------------------------------------------------------------------------------
Notice of public hearing.......  Statewide........  Submitted 2/9/     6/15/1972, 37 FR   Proposed
                                                     1972.              11914.             Implementation Plan
                                                                                           Regulations, RI
                                                                                           Department of Health.
Miscellaneous non-regulatory     Statewide........  Submitted 2/29/    7/27/1972, 37 FR   Approval and
 additions to the plan                               1972.              15080.             promulgation of
 correcting minor deficiencies.                                                            Implementation Plan
                                                                                           Miscellaneous
                                                                                           Amendments, RI
                                                                                           Department of Health.
Compliance schedules...........  Statewide........  Submitted 4/24/    6/20/1973, 38 FR   Submitted by RI
                                                     1973.              16144.             Department of Health.
AQMA identifications for the     Statewide........  Submitted 4/11/    4/29/1975, 40 FR   Submitted by RI
 State of Rhode Island.                              1974.              18726.             Department of Health.
Letter identifying Metropolitan  Metropolitan       Submitted 9/6/     4/29/1975, 40 FR   Submitted by the
 Providence as an AQMA.           Providence.        1974.              18726.             Governor.
A comprehensive air quality      Statewide........  Submitted 1/8/     1/15/1981, 46 FR   Submitted by the RI
 monitoring plan, intended to                        1980.              3516.              Department of
 meet requirements of 40 CFR                                                               Environmental
 part 58.                                                                                  Management Director.

[[Page 730]]

 
Attainment plans to meet the     Statewide........  Submitted 5/14/    5/7/1981, 46 FR    Attainment plans to
 requirements of Part D of the                       1979; 6/11/1979;   25446.             meet the requirements
 Clean Air Act, as amended in                        8/13/1979; 1/8/                       of Part D of the
 1977, Included are plans to                         1980; 1/24/1980;                      Clean Air Act, as
 attain the carbon monoxide and                      3/10/1980; 3/31/                      amended in 1977.
 ozone standards and                                 1980; 4/21/1980;
 information allowing for the                        6/6/1980; 6/13/
 re-designation of Providence                        1980; 8/20/1980;
 to non-attainment for the                           11/14/1980; 3/4/
 primary TSP standard based on                       1981; 3/5/1981;
 new data.                                           and 4/16/81.
A program for the review of
 construction and operation of
 new and modified major
 stationary sources of
 pollution in non-attainment
 areas.
Certain miscellaneous
 provisions unrelated to Part D
 are also included.
Section VI, Part II,             Statewide........  Submitted 5/14/    6/28/1983, 48 FR   As submitted by RIDEM
 ``Stationary Source Permitting                      1982; and 7/1/     29690.             on May 14, 1982 and
 and Enforcement'' of the                            1982.                                 July 1, 1982 for
 narrative.                                                                                review of new major
                                                                                           sources and major
                                                                                           modifications in
                                                                                           nonattainment areas.
                                                                                           Also included are
                                                                                           revisions to add
                                                                                           rules for banking
                                                                                           emission reductions.
Revisions to the Rhode Island    Statewide........  Submitted 5/14/    7/6/1983, 48 FR    Submitted by the
 State Implementation Plan for                       1982; 7/1/1982;    31026.             Department of
 attainment of the primary                           7/7/1982; 10/4/                       Environmental
 National Ambient Air Quality                        1982; and 3/2/                        Management.
 Standard for ozone.                                 1983.
1982 Ozone Attainment Plan.....
Revisions to attain and          Statewide........  Submitted 7/7/     9/15/1983, 48 FR   Submitted by the
 maintain the lead NAAQS.                            1983.              41405.             Department of
                                                                                           Environmental
                                                                                           Management.
Section VI, Part II of the       Statewide........  Submitted 2/6/     7/6/1984, 49 FR    To incorporate the
 associated narrative of the RI                      1984; 1/27/1984;   27749.             requirements for the
 SIP.                                                and 6/6/1984.                         Prevention of
                                                                                           Significant
                                                                                           Deterioration of 40
                                                                                           CFR 51.24, permitting
                                                                                           major stationary
                                                                                           sources of lead and
                                                                                           other miscellaneous
                                                                                           changes.
Letter from RIDEM submitting an  Statewide........  Submitted 1/14/    10/30/1996, 61 FR  A revision to the RI
 amendment to the RI State                           1994; and 6/14/    55897.             SIP regarding ozone
 Implementation Plan.                                1994.                                 monitoring. RI will
                                                                                           modify its SLAMS and
                                                                                           its NAMS monitoring
                                                                                           systems to include a
                                                                                           PAMS network design
                                                                                           and establish
                                                                                           monitoring sites. The
                                                                                           State's SIP revision
                                                                                           satisfies 40 CFR
                                                                                           58.20(f) PAMS
                                                                                           requirements.
Section VII of the RI SIP
 Ambient Air Quality Monitoring.

[[Page 731]]

 
Letter from RIDEM submitting     Statewide........  Submitted 3/15/    10/30/1996, 61 FR  Revision to the RI SIP
 revisions.                                          1994.              55897.             regarding the States'
                                                                                           Contingency Plan.
Letter from RIDEM submitting     Statewide........  Submitted 3/15/    4/17/1997, 62 FR   The revisions consist
 revision--Rhode Island's 15                         1994.              18712.             of the State's 15
 Percent Plan and Contingency                                                              Percent Plan and
 Plan.                                                                                     Contingency Plan. EPA
                                                                                           approved only the
                                                                                           following portions of
                                                                                           these submittals:
                                                                                          15 Percent Plan--the
                                                                                           EPA approved the
                                                                                           calculation of the
                                                                                           required emission
                                                                                           reductions, and the
                                                                                           emission reduction
                                                                                           credit claimed from
                                                                                           surface coating,
                                                                                           printing operations,
                                                                                           marine vessel
                                                                                           loading, plant
                                                                                           closures (0.79 tons
                                                                                           per day approved out
                                                                                           of 0.84 claimed),
                                                                                           cutback asphalt, auto
                                                                                           refinishing, stage
                                                                                           II, reformulated gas
                                                                                           in on-road and off-
                                                                                           road engines, and
                                                                                           tier I motor vehicle
                                                                                           controls.
                                                                                          Contingency Plan--the
                                                                                           EPA approved the
                                                                                           calculation of the
                                                                                           required emission
                                                                                           reduction, and a
                                                                                           portion of the
                                                                                           emission reduction
                                                                                           credits claimed from
                                                                                           Consumer and
                                                                                           Commercial products
                                                                                           (1.1 tons per day
                                                                                           approved out of 1.9
                                                                                           tons claimed), and
                                                                                           architectural and
                                                                                           industrial
                                                                                           maintenance (AIM)
                                                                                           coatings (1.9 tons
                                                                                           per day approved out
                                                                                           of 2.4 tons claimed).
                                                                                          EPA concurrently
                                                                                           disapproved portions
                                                                                           of these SIP
                                                                                           submissions, as
                                                                                           discussed within
                                                                                           Section
                                                                                           52.2084(a)(2).
Letter from RIDEM submitting     Providence (all    10/5/1994........  3/9/2000, 65 FR
 revision for Clean Fuel Fleet    of Rhode Island)                      12474.
 Substitution Plan.               nonattainment
                                  area.
Letter outlining commitment to   Statewide........  2/22/1999........  3/9/2000, 65 FR    Includes details of
 National LEV.                                                          12476.             the State's
                                                                                           commitment to
                                                                                           National LEV.
Negative Declaration for         Statewide........  Submitted 4/5/     12/2/1999, 64 FR
 Synthetic Organic Chemical                          1995.              67495.
 Manufacturing Industry (SOCMI)
 Distillation and Reactor
 Processes Control Techniques
 Guidelines Categories.
October 1, 1999, letter from     Statewide........  Submitted 10/1/    12/27/2000, 65 FR  Submitted Air
 Rhode Island Department of                          1999.              81743.             Pollution Control
 Environmental Management.                                                                 Regulation No. 14,
                                                                                           ``NOX Budget Trading
                                                                                           Program,'' and the
                                                                                           ``NOX State
                                                                                           Implementation Plan
                                                                                           (SIP) Call
                                                                                           Narrative.''
``NOX State Implementation Plan  Statewide........  Submitted 10/1/    12/27/2000, 65 FR
 (SIP) Call Narrative,''                             1999.              81743.
 September 22, 1999.
November 9, 1999, letter from    Statewide........  Submitted 11/9/    12/27/2000, 65 FR  Stating RI's intent to
 Rhode Island Department of                          1999.              81743.             comply with
 Environmental Management.                                                                 applicable reporting
                                                                                           requirements.

[[Page 732]]

 
Negative Declaration for         Statewide........  Submitted 3/28/    7/10/2000, 65 FR
 Aerospace Coating Operations                        2000.              42290.
 Control Techniques Guideline
 Category.
September 20, 2001 letter from   Statewide........  Submitted 9/20/    6/20/2003, 68 FR   Submitting the ``NOX
 Rhode Island Department of                          2001.              36921.             State Implementation
 Environment Management.                                                                   Plan (SIP) Call
                                                                                           Narrative,'' revised
                                                                                           September 2001.
NOX State Implementation Plan    Statewide........  Submitted 9/20/    6/20/2003, 68 FR
 (SIP) Call Narrative, revised                       2001.              36921.
 September 2001.
----------------------------------------------------------------------------------------------------------------


[64 FR 43085, Aug. 9, 1999, as amended at 64 FR 67500, Dec. 2, 1999; 65 
FR 12476, 12480, Mar. 9, 2000; 65 FR 42292, July 10, 2000; 65 FR 81748, 
Dec. 27, 2000; 66 FR 9663, Feb. 9, 2001; 68 FR 34814, June 11, 2003; 68 
FR 36925, June 20, 2003; 71 FR 40016, July 14, 2006; 73 FR 16205, Mar. 
27, 2008; 73 FR 70874, Nov. 24, 2008]



Sec. 52.2071  Classification of regions.

    The Rhode Island plan was evaluated on the basis of the following 
classifications:

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


[37 FR 10891, May 31, 1972, as amended at 38 FR 34325, Dec. 13, 1973; 39 
FR 16347, May 8, 1974; 46 FR 25460, May 7, 1981]



Sec. 52.2072  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Rhode Island's plan, as identified in Sec. 52.2070 of this 
subpart, for the attainment and maintenance of the national standards 
under section 110 of the Clean Air Act. Furthermore, the Administrator 
finds the plan satisfies all requirements of Part D, Title I, of the 
Clean Air Act, as amended in 1977, except as noted below. In addition, 
continued satisfaction of the requirements of Part D for the ozone 
portion of the SIP depends on the adoption and submittal of RACT 
requirements by January 1, 1981 for the sources covered by CTGs issued 
between January 1978 and January 1979 and adoption and submittal by each 
subsequent January as additional RACT requirements for sources covered 
by CTGs issued by the previous January.

[46 FR 25460, May 7, 1981]



Sec. 52.2073  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the plan does not provide for public availability of emission 
data.
    (b) Regulation for public availability of emission data.
    (1) Information obtained from owner or operators of stationary 
sources pursuant to Sec. 52.2075 will be correlated with applicable 
emission limitations

[[Page 733]]

and other control regulations and will be made available for public 
inspection at the Rhode Island Department of Health, 204 Health 
Building, Providence, RI.

[37 FR 10891, May 31, 1972, as amended at 41 FR 2232, Jan. 15, 1976; 51 
FR 40676, Nov. 7, 1986]



Sec. 52.2074  Legal authority.

    (a) The requirements of Sec. 51.230(e) of this chapter are not met. 
Authority to require recordkeeping is deficient to the extent that 
section 23-25-13 requires only those sources with an air pollution 
control program to keep records.
    (b) The requirements of Sec. 51.230(f) of this chapter are not met. 
Authority to release emission data to the public is deficient in that 
section 23-25-6 requires that only records concerning investigations be 
available to the public. Further, section 23-25-5(g) and section 23-25-
13 may limit the State's authority to release emission data. Authority 
to require sources to install and maintain monitoring equipment is not 
provided and is therefore inadequate. Authority to require sources to 
periodically report is not provided and is therefore inadequate.

[37 FR 10891, May 31, 1972, as amended at 39 FR 7283, Feb. 25, 1974; 39 
FR 12350, Apr. 5, 1974; 51 FR 40676, Nov. 7, 1986]



Sec. 52.2075  Source surveillance.

    (a) The requirements of Sec. 51.211 of this chapter are not met 
since the plan lacks adequate legal authority to require owners or 
operators of stationary sources to maintain records of, and periodically 
report information as may be necessary to enable the state to determine 
whether such sources are in compliance with applicable portions of the 
control strategy.
    (b) Regulation for source recordkeeping and reporting.
    (1) The owner or operator of all stationary sources which have the 
potential to emit a total of 100 tons or more per year of any one air 
contaminant for which there is a national standard shall maintain 
records of, and submit to the Director, data on operational processes, 
fuel usage, emission, stack parameters, boiler capacities, types of 
equipment generating air contaminants and air contaminant control 
devices that may be necessary to determine if the source is in 
compliance with applicable rules and regulations of the Department. Upon 
notification of the Administrator, or the Director of the Rhode Island 
Department of Health, sources with the potential to emit less than 100 
tons per year of any air contaminant shall also be subject to the 
requirements of this paragraph. For the purposes of this paragraph, 
potential emissions shall be calculated at the design load assuming no 
control equipment is in use and fuel having a sulfur content of 2.2 
percent by weight (dry basis) is being burned.
    (2) The information recorded by the owner or operator of a 
stationary source shall be summarized and reported to the Director of 
the Department of Health on forms furnished by him. They shall be 
submitted within 30 days following the end of the reporting period. 
Reporting periods are January 1 to June 30 and July 1 to December 31.
    (3) Information recorded by the owner or operator and copies of the 
summarizing reports submitted to the Director shall be retained by the 
owner or operator for two years after the date on which the pertinent 
report is submitted.

[41 FR 2232, Jan. 15, 1976, as amended at 51 FR 40677, Nov. 7, 1986]



Sec. 52.2076  Attainment of dates for national standards.

    The following table presents the latest dates by which the national 
standards are to be attained. These dates reflect the information 
presented in Rhode Island's plan, except where noted.

[[Page 734]]



----------------------------------------------------------------------------------------------------------------
                                                                         Pollutant
                                         -----------------------------------------------------------------------
       Air quality control region                   SO
                                         ------------------------    PM10         NO2         CO          O3
                                            Primary    Secondary
----------------------------------------------------------------------------------------------------------------
Rhode Island portion of AQCR 120 (Entire        (a)         (b)         (a)         (a)         (a)        (c)
 State of Rhode Island).................
----------------------------------------------------------------------------------------------------------------
\a\ Air quality levels presently better than primary standards or area is unclassifiable.
\b\ Air quality levels presently better than secondary standards or area is unclassifiable.
\c\ November 15, 2007.


[50 FR 52461, Dec. 24, 1985, as amended at 68 FR 16724, Apr. 7, 2003]



Sec. 52.2078  Enforcement.

    (a) Sections 23-25-5(h) and 23-25-8(a) of the General Laws of Rhode 
Island are disapproved insofar as they permit the Rhode Island Director 
of the Department of Health to issue abatement orders (1) that defer 
compliance with plan requirements beyond the dates required for 
attainment of the national standards, (2) without the approval of the 
Administrator, and (3) for reasons not permitted by the Clean Air Act.
    (b) Regulation limiting administrative abatement orders. (1) No 
order deferring compliance with a requirement of the Rhode Island 
Implementation Plan shall be issued by the Director of the Department of 
Health which does not meet the following requirements:
    (i) An order must require compliance with the plan requirement 
within the times and under the conditions specified in Sec. 51.261 (a) 
and (b) of this chapter.
    (ii) An order may not defer compliance beyond the last date 
permitted by section 110 of the Act for attainment of the national 
standard which the plan implements unless the procedures and conditions 
set forth in section 110(f) of the Act are met.
    (iii) An order shall not be effective until it has been submitted to 
and approved by the Administrator in accordance with Sec. Sec. 51.104, 
51.105, 51.261 and 51.262(a).
    (2) Notwithstanding the limitations of paragraph (b)(1)(ii) of this 
section, an order may be granted which provides for compliance beyond 
the statutory attainment date for a national standards where compliance 
is not possible because of breakdowns or malfunctions of equipment, acts 
of God, or other unavoidable occurrences. However, such order may not 
defer compliance for more than three (3) months unless the procedures 
and conditions set forth in section 110(f) of the Act are met.

[38 FR 18879, 18880, July 16, 1973, as amended at 38 FR 30878, Nov. 8, 
1973; 51 FR 40675, 40676, 40677, Nov. 7, 1986]



Sec. 52.2079  Requirements for state implementation plan revisions 
relating to new motor vehicles.

    Rhode Island must comply with the requirements of Sec. 51.120.

[60 FR 4738, Jan. 24, 1995]



Sec. 52.2080  Revisions.

    (a) The revision procedures of the Rhode Island plan are not 
adequate since the plan does not expressly provide for revisions at the 
times and under the conditions set forth in Sec. 51.104 of this 
chapter.
    (b) Regulation for plan revisions. (1) The Rhode Island 
implementation plan shall be revised:
    (i) When necessary to take account of a revision of the national 
primary or secondary ambient air quality standard which it implements;
    (ii) When improved or more expeditious methods of attaining a 
national standard which it implements become available;
    (iii) When the Administrator finds that the plan is substantially 
inadequate to attain or maintain the national standard which it 
implements and issues notice of such finding pursuant to Sec. 51.104 of 
this chapter.
    (2) The Rhode Island implementation plan may be revised from time to 
time to the extent such revisions are consistent with the requirements 
applicable to implementation plans set forth in this chapter and the 
Act.

[[Page 735]]

    (3) No revisions shall be effective until the hearing requirements 
of Sec. 51.102 of this chapter have been satisfied.

[38 FR 18879, 18880, July 16, 1973, as amended at 38 FR 30878, Nov. 8, 
1973; 51 FR 40675, Nov. 7, 1986]



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

    The following table identifies the State regulations which have been 
approved by EPA and incorporated by reference into the Rhode Island 
State Implementation Plan. This table is for informational purposes only 
and does not have any independent regulatory requirements for a specific 
situation consult the plan identified in Sec. 52.2070. To the extent 
that this table conflicts with Sec. 52.2070, Sec. 52.2070 governs.

                                Table 52.2081--EPA-Approved Rules and Regulations
----------------------------------------------------------------------------------------------------------------
                                      Date         Date                                            Comments/
    State        Title/subject     adopted by  approved by      FR citation        52.2070        Unapproved
  citation                           State         EPA                                             sections
----------------------------------------------------------------------------------------------------------------
              Air pollution
               control
               regulation.
----------------------------------------------------------------------------------------------------------------
No. 1.......  Visible emissions.      8/02/67      5/31/72  37 FR 10842........  (b)
                                 -------------------------------------------------------------------------------
                                      2/28/72      5/31/72  37 FR 10842........  (b)
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)
----------------------------------------------------------------------------------------------------------------
No. 2.......  Handfiring of soft      8/02/67      5/31/72  37 FR 10842........  (b)
               coal.
                                 -------------------------------------------------------------------------------
                                      2/28/72      5/31/72  37 FR 10842........  (b)
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)
----------------------------------------------------------------------------------------------------------------
No. 3.......  Particulate             8/02/67      5/31/72  37 FR 10842........  (b)
               emissions from
               industrial
               processes.
                                 -------------------------------------------------------------------------------
                                      2/28/72      5/31/72  37 FR 10842........  (b)
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)
----------------------------------------------------------------------------------------------------------------
No. 4.......  Open fires........      8/02/67      5/31/72  37 FR 10842........  (b)
                                 -------------------------------------------------------------------------------
                                     10/01/71      5/31/72  37 FR 10842........  (b)
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)
----------------------------------------------------------------------------------------------------------------
No. 5.......  Fugitive dust.....      8/02/67      5/31/72  37 FR 10842........  (b)
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)
----------------------------------------------------------------------------------------------------------------
No. 6.......  Opacity monitors..      8/02/67      5/31/72  37 FR 10842........  (b)
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)....
                                 -------------------------------------------------------------------------------
                                     11/22/89      9/30/91  56 FR 49416........  (c)(37)....  Amended Regulation
                                                                                               No. 6.
----------------------------------------------------------------------------------------------------------------
No. 7.......  Emission of air         8/02/67      5/31/72  37 FR 10842........  (b)
               contaminants
               detrimental to
               persons or
               property.
                                 -------------------------------------------------------------------------------
                                      7/19/77      5/07/81  46 FR 25446........  (c)(12)
----------------------------------------------------------------------------------------------------------------
No. 8.......  Sulfur content of      10/01/71      5/31/72  37 FR 10842........  (b)
               fuels.
                                 -------------------------------------------------------------------------------
                                      5/28/74     11/03/75  40 FR 51044........  (c)(8)
                                 -------------------------------------------------------------------------------
                                  ...........      1/21/81  46 FR 5980.........  (c)(13)....  Narragansett
                                                                                               Electric Bubble.
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)
                                 -------------------------------------------------------------------------------

[[Page 736]]

 
                                  ...........     12/30/81  46 FR 63043........  (c)(14)....  Temporary
                                                                                               Relaxation for
                                                                                               Bradford Dye.
                                 -------------------------------------------------------------------------------
                                  ...........     11/10/82  47 FR 50866........  (c)(16)....  Temporary
                                                                                               Relaxation for
                                                                                               Kenyon Piece Dye
                                                                                               Works.
                                 -------------------------------------------------------------------------------
                                     10/05/82      3/29/83  48 FR 13027........  (c)(17)....  Conversion/
                                                                                               Conservation
                                                                                               Incentive/Bubble.
                                 -------------------------------------------------------------------------------
                                      5/15/84  49 FR 20493  (c)(21)............  URI Bubble.
                                 -------------------------------------------------------------------------------
                                      8/29/83      7/27/84  49 FR 30177........  (c)(23)....  Narragansett
                                                                                               Electric (South
                                                                                               Street).
                                 -------------------------------------------------------------------------------
                                      5/02/85       1/8/86  51 FR 756..........  (c)(24)....  Requires sampling
                                                                                               valve.
                                 -------------------------------------------------------------------------------
                                     12/16/85       8/1/86  51 FR 27538........  (c)(25)....  Temporary
                                                                                               relaxation for
                                                                                               Seville Dyeing
                                                                                               Corporation in
                                                                                               Woon-socket.
                                 -------------------------------------------------------------------------------
                                      3/17/87      9/19/89  54 FR 38518........  (c)(34)....  URI bubble
                                                                                               renewal.
----------------------------------------------------------------------------------------------------------------
No. 9.......  Approval to            10/03/71      5/31/72  37 FR 10842........  (b)
               construct, modify
               or operate.
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)
                                 -------------------------------------------------------------------------------
                                      4/12/81      5/07/81  46 FR 25446........  (c)(12)....  No action on
                                                                                               9.2.3(b) and
                                                                                               9.12.
                                 -------------------------------------------------------------------------------
                                      4/05/82      6/28/83  48 FR 29690........  (c)(18)....  NSR fully
                                                                                               approved, 9.12
                                                                                               Emission Banking
                                                                                               approved.
                                 -------------------------------------------------------------------------------
                                      2/13/84       7/6/84  49 FR 27749........  (c)(22)....  PSD fully
                                                                                               approved,
                                                                                               9.2.3(b)
                                                                                               approved.
                                 -------------------------------------------------------------------------------
                                      5/02/85       1/8/86  51 FR 756..........  (c)(24)....  Additional BACT
                                                                                               requirements.
                                 -------------------------------------------------------------------------------
                                      5/20/91      10/7/91  56 FR 50516........  (c)(38)....  Addition of PSD
                                                                                               NO2 increments.
                                 -------------------------------------------------------------------------------
              Air Pollution            3/4/93       2/6/96  61 FR 4356.........  (c)(41)....  Addition of NSR
               Control Permits.                                                                and other CAAA
                                                                                               requirements
                                                                                               under Amended
                                                                                               Regulation No. 9
                                                                                               except for
                                                                                               Chapters 9.13,
                                                                                               9.14, 9.15, and
                                                                                               Appendix A.
              Air Pollution           7/30/96       6/2/99  64 FR 29566........  (c)(54)....  5
               Control Permits.
              Air Pollution           7/30/96       6/2/99  64 FR 29563........  (c)(54)....  Changes in 9.1.7,
               Control Permits.                                                                9.1.18, and
                                                                                               9.5.1(c) to add
                                                                                               Dual Source
                                                                                               Definition.
                                                                                               Changes in
                                                                                               9.1.24(b)(3),
                                                                                               9.5.2(b)(2)d(i),
                                                                                               9.5.1(d) and
                                                                                               9.5.1(f) to
                                                                                               change
                                                                                               Particulate
                                                                                               Increment.
                                                                                               Changes in 9.1.6
                                                                                               to revise BACT
                                                                                               definition.
----------------------------------------------------------------------------------------------------------------
No. 10......  Air pollution           2/28/72      5/31/72  37 FR 10842........  (b)
               episodes.
                                     10/11/75     11/03/75  40 FR 51043........  (c)(6)
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)
----------------------------------------------------------------------------------------------------------------

[[Page 737]]

 
No. 11......  Petroleum liquids       2/22/77      5/07/81  46 FR 25446........  (c)(12)
               marketing and
               storage.
                                 -------------------------------------------------------------------------------
                                      7/05/79      5/07/81  46 FR 25446........  (c)(12)
                                 -------------------------------------------------------------------------------
                                      4/22/81      4/26/82  47 FR 17817........  (c)(15)
                                 -------------------------------------------------------------------------------
                                      1/20/87       9/1/87  52 FR 32920........  (c)(30)....  Amended Regulation
                                                                                               No. 11,
                                                                                               Subsection
                                                                                               11.4.5.
                                 -------------------------------------------------------------------------------
                                    11/07/88,       6/2/89  54 FR 23661........  (c)(33)....  Approves a
                                     04/24/89                                                  limitation on
                                                                                               volatility of
                                                                                               gasoline from
                                                                                               June 30 to Sept.
                                                                                               15, 1989, and May
                                                                                               1 to Sept. 15 in
                                                                                               subsequent years
                                                                                               at Subsections
                                                                                               11.7.1 and
                                                                                               11.7.2.
                                 -------------------------------------------------------------------------------
                                     12/10/89      9/30/91  56 FR 49416........  (c)(37)....  Amended Regulation
                                                                                               No. 11.
                                      1/11/93     12/17/93  58 FR 65933........  (c)(39)....  Regulation revised
                                                                                               to add new Stage
                                                                                               II vapor recovery
                                                                                               requirements.
----------------------------------------------------------------------------------------------------------------
No. 12......  Incinerators......      2/28/72      6/22/73  38 FR 16351........  (c)(3)
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)
                                 -------------------------------------------------------------------------------
                                      4/22/81      4/26/82  47 FR 17817........  (c)(15)
----------------------------------------------------------------------------------------------------------------
No. 13......  Particulate             1/17/73     10/23/73  38 FR 29296........  (c)(14)
               emissions from
               fossil fuel fired
               steam or hot
               water generating
               units.
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)
                                 -------------------------------------------------------------------------------
                                      7/05/79      5/07/81  46 FR 25446........  (c)(12)
                                 -------------------------------------------------------------------------------
                                  ...........     11/10/82  47 FR 50866........  (c)(16)....  Temporary
                                                                                               Relaxation for
                                                                                               Kenyon Piece Dye
                                                                                               Works.
                                 -------------------------------------------------------------------------------
                                     10/05/82      3/29/83  48 FR 13027........  (c)(17)....  Conversion/
                                                                                               Conservation
                                                                                               Incentive.
----------------------------------------------------------------------------------------------------------------
No. 14......  Record keeping and      5/14/73      1/15/76  41 FR 2231.........  (c)(10)
               reporting.
                                 -------------------------------------------------------------------------------
                                      2/22/77      5/07/81  46 FR 25446........  (c)(12)
                                 -------------------------------------------------------------------------------
                                      7/05/79      5/07/81  46 FR 25446........  (c)(12)
                                 -------------------------------------------------------------------------------
                                      1/11/93      1/10/95  60 FR 2526.........  (c)(42)
----------------------------------------------------------------------------------------------------------------
No. 15......  Control of organic      8/21/75      5/07/81  46 FR 25446........  (c)(12)
               solvent emissions.
                                 -------------------------------------------------------------------------------
                                      3/14/83      7/06/83  48 FR 31026........  (c)(19)....  Includes 100 TPY
                                                                                               RACT Reg/Generic
                                                                                               Bubble Rule.
                                 -------------------------------------------------------------------------------
                                       6/6/85     12/11/86  51 FR 44605........  (c)(27)....  RACT for Stanley
                                                                                               Bostitch under
                                                                                               15.5.
                                 -------------------------------------------------------------------------------
                                     11/24/87      3/10/89  54 FR 10147........  (c)(32)....  Consent Agreement
                                                                                               imposing RACT on
                                                                                               Tech Industries
                                                                                               under 15.5
                                                                                               (Provisions 7 and
                                                                                               8 not approved).
                                 -------------------------------------------------------------------------------

[[Page 738]]

 
                                       6/5/90      8/31/90  55 FR 35625........  (c)(36)....  RACT determination
                                                                                               for Tillotson-
                                                                                               Pearson under
                                                                                               15.5.
                                 -------------------------------------------------------------------------------
                                      4/24/90       9/6/90  55 FR 36638........  (c)(35)....  RACT determination/
                                                                                               Bubble for
                                                                                               Providence
                                                                                               Metallizing under
                                                                                               15.5.
                                 -------------------------------------------------------------------------------
                                     12/10/89      9/30/91  56 FR 49416........  (c)(37)....  Amended Regulation
                                                                                               No. 15, except
                                                                                               subsections
                                                                                               15.1.16 and
                                                                                               15.2.2.
----------------------------------------------------------------------------------------------------------------
No. 16......  Operation of air        2/22/77      5/07/81  46 FR 25446........  (c)(12)
               pollution control
               system.
----------------------------------------------------------------------------------------------------------------
No. 17......  Odors.............      2/22/77      5/07/81  46 FR 25446........  (c)(12)....
----------------------------------------------------------------------------------------------------------------
No. 18......  Control of               7/5/79      5/07/81  46 FR 25446........  (c)(12)
               emissions from
               solvent metal
               cleaning.
                                 -------------------------------------------------------------------------------
                                      4/22/81      4/26/82  47 FR 17817........  (c)(15)
                                 -------------------------------------------------------------------------------
                                     12/10/89      9/30/91  56 FR 49416........  (c)(37)....  Amended Regulation
                                                                                               No. 18, except
                                                                                               subsections
                                                                                               18.1.8, 18.2.1,
                                                                                               18.3.2(d),
                                                                                               18.3.3(f), and
                                                                                               18.5.2.
----------------------------------------------------------------------------------------------------------------
No. 19......  Control of VOCs        11/13/79      5/07/81  46 FR 25446........  (c)(12)....  Conditional
               from surface                                                                    approval.
               coating
               operations.
                                 -------------------------------------------------------------------------------
                                      4/05/82      7/06/83  48 FR 31026........  (c)(19)....  Removes Conditions/
                                                                                               Generic Bubble
                                                                                               Rule.
                                 -------------------------------------------------------------------------------
                                      9/12/85      8/31/87  52 FR 32794........  (c)(28)....  Compliance date
                                                                                               extension for
                                                                                               Keene Corporation
                                                                                               under 19.3.
                                 -------------------------------------------------------------------------------
                                      1/20/87       9/1/87  52 FR 32920........  (c)(30)....  Amended Regulation
                                                                                               No. 19,
                                                                                               Subsection
                                                                                               19.7.1.
                                 -------------------------------------------------------------------------------
                                      5/29/85      9/28/87  52 FR 36250........  (c)(26)....  Compliance date
                                                                                               extension for
                                                                                               James River Corp.
                                                                                               in Johnston.
                                 -------------------------------------------------------------------------------
                                     12/31/86      2/10/88  53 FR 3890.........  (c)(29)....  Alternative RACT
                                                                                               for Kenyon
                                                                                               Industries under
                                                                                               19.3.3.
                                 -------------------------------------------------------------------------------
                                     12/10/89      9/30/91  56 FR 49416........  (c)(37)....  Amended Regulation
                                                                                               No. 19, except
                                                                                               subsections
                                                                                               19.1.11, 19.2.2,
                                                                                               and 19.3.2(a).
                                 -------------------------------------------------------------------------------

[[Page 739]]

 
                                     10/30/92     10/18/94  59 FR 52429........  (c)(40)....  All of No. 19 is
                                                                                               approved with the
                                                                                               exception of
                                                                                               19.2.2, and the
                                                                                               last sentence of
                                                                                               19.1.1, which
                                                                                               Rhode Island did
                                                                                               not submit as
                                                                                               part of the SIP
                                                                                               revision. No. 19
                                                                                               was amended to
                                                                                               change
                                                                                               applicability and
                                                                                               to add emission
                                                                                               limitations for
                                                                                               metal coil
                                                                                               coating, metal
                                                                                               furniture
                                                                                               coating, magnet
                                                                                               wire coating,
                                                                                               large appliance
                                                                                               coating,
                                                                                               miscellaneous
                                                                                               metal parts
                                                                                               coating, wood
                                                                                               products coating,
                                                                                               and flat wood
                                                                                               paneling coating.
----------------------------------------------------------------------------------------------------------------
No. 21......  Control of VOCs         4/05/82      7/06/83  48 FR 31026........  (c)(19)....  Generic Bubble
               from printing                                                                   Rule.
               operations.
                                 -------------------------------------------------------------------------------
                                      1/20/87       9/1/87  52 FR 32920........  (c)(30)....  Amended Regulation
                                                                                               No. 21,
                                                                                               subsection
                                                                                               21.6.1.
                                 -------------------------------------------------------------------------------
                                     12/10/89      9/30/91  56 FR 49416........  (c)(37)....  Amended Regulation
                                                                                               No. 21, except
                                                                                               subsections
                                                                                               21.1.15 and
                                                                                               21.2.2, and
                                                                                               portion of
                                                                                               21.5.2(h) which
                                                                                               states
                                                                                               ``equivalent to''
                                                                                               in the
                                                                                               parenthetical.
----------------------------------------------------------------------------------------------------------------
No. 25......  Control of             10/30/92     10/18/94  59 FR 52429........  (c)(40)....  All of No. 25 is
               Volatile Organic                                                                approved, with
               Compound                                                                        the exception of
               Emissions from                                                                  25.2.2, which was
               Cutback and                                                                     not submitted by
               Emulsified                                                                      Rhode Island as
               Asphalt.                                                                        part of the SIP
                                                                                               revision.
----------------------------------------------------------------------------------------------------------------
No. 26......  Control of Organic     10/30/92     10/18/94  59 FR 52429........  (c)(40)....  All of No. 26 is
               Solvent Emissions                                                               approved, with
               from Manufacture                                                                the exception of
               of Synthesized                                                                  26.2.3, which was
               Pharmaceutical                                                                  not submitted by
               Products.                                                                       Rhode Island as
                                                                                               part of the SIP
                                                                                               revision.
----------------------------------------------------------------------------------------------------------------
No. 27......  Control of               9/2/97       6/2/99  64 FR 29570........  (c)(55)....  Establishes
               Nitrogen Oxides                                                                 alternative NOx
               Emissions.                                                                      RACT for Rhode
                                                                                               Island Economic
                                                                                               Development
                                                                                               Corporation in
                                                                                               North Kingstown,
                                                                                               RI.
----------------------------------------------------------------------------------------------------------------
No. 29.3....  EMISSIONS.........      4/28/95      3/22/96  61 FR 11735........  (c)(45)....  This rule limits a
                                                                                               source's
                                                                                               potential to
                                                                                               emit, therefore
                                                                                               avoiding RACT,
                                                                                               title V operating
                                                                                               permits.
----------------------------------------------------------------------------------------------------------------
No. 30......  Control of VOC          6/27/95       2/2/96  61 FR 3827.........  (c)(44)....  Control of VOC
               from Automobile                                                                 From Automobile
               Refinishing                                                                     Refinishing
               Operations.                                                                     Operations.
----------------------------------------------------------------------------------------------------------------
No. 31......  Consumer and            3/11/94     10/30/96  61 FR 55903........  (c)(47)....  VOC control reg.
               Commercial                                                                      submitted as part
               Products.                                                                       of State's
                                                                                               Contingency Plan.
                                                                                               Section 31.2.2
                                                                                               not approved.
----------------------------------------------------------------------------------------------------------------

[[Page 740]]

 
No. 32......  Marine Vessels....      3/11/94       4/4/96  60 FR 14978........  (c)(43)....  All of No. 32 is
                                                                                               approved with the
                                                                                               exception of
                                                                                               Section 32.2.2
                                                                                               which Rhode
                                                                                               Island did not
                                                                                               submit as part of
                                                                                               the SIP revision.
----------------------------------------------------------------------------------------------------------------
No. 33......  Architectural and       3/11/94     10/30/96  61 FR 55903........  (c)(47)....  VOC control reg.
               Industrial                                                                      submitted as part
               Maintenance                                                                     of State's
               Coatings.                                                                       Contingency Plan
                                                                                               Section 33.2.2
                                                                                               not approved.
----------------------------------------------------------------------------------------------------------------
No. 38......  Nitrogen Oxides         5/21/98       6/2/99  64 FR 29570........  (c)(55)....  Adds ozone season
               Allowance Program.                                                              NOx emission
                                                                                               limitations at
                                                                                               certain
                                                                                               stationary
                                                                                               sources.
----------------------------------------------------------------------------------------------------------------


[50 FR 770, Jan. 7, 1985]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2081, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.2082  [Reserved]



Sec. 52.2083  Significant deterioration of air quality.

    (a) The Rhode Island plan, as submitted, is approved as meeting the 
requirements of Subpart 1, Part C, Title I, of the Clean Air Act.

[49 FR 27750, July 6, 1984]



Sec. 52.2084  Rules and regulations.

    (a) Part D--Disapproval.
    (1) On November 5, 1985, the Rhode Island Department of 
Environmental Management submitted a revision to the Rhode Island State 
Implementation Plan (SIP) for Arkwright Incorporated. This revision is 
an alternative reasonably available control technology determination for 
the control of volatile organic compounds (VOC) from three paper coating 
lines at Arkwright Incorporated's Fiskeville, Rhode Island facility. As 
a result of EPA's disapproval of this revision, the existing VOC rules 
applicable to Arkwright Incorporated and contained in the Rhode Island 
SIP remain in effect (Rhode Island Air Pollution Control Regulation No. 
19 as approved by EPA in 40 CFR 52.2080(c)(19)).
    (2) [Reserved]
    (b) Non-Part D--No Action-- EPA is neither approving nor 
disapproving the following elements of the revisions:
    (i) [Reserved]
    (ii) Consultation.
    (iii) Permit fees.
    (iv) Stack height requirements.
    (v) Public notification.

[46 FR 25460, May 7, 1981, as amended at 48 FR 31027, July 6, 1983; 50 
FR 52461, Dec. 24, 1985; 52 FR 38764, Oct. 19, 1987; 62 FR 18716, Apr. 
17, 1997; 63 FR 67600, Dec. 8, 1998; 64 FR 926, Jan. 6, 1999]



Sec. 52.2085  Stack height review.

    The State of Rhode Island has declared to the satisfaction of EPA 
that no existing emission limitations have been affected by stack height 
credits greater than good engineering practice or any other prohibited 
dispersion technique as defined in EPA's stack height regulations, as 
revised on July 8, 1985. Such declarations were submitted to EPA on 
March 27, 1986. The State has further declared, in letters from Thomas 
D. Getz, dated October 15, 1985 and March 27, 1986, that ``[R]hode 
Island will use the 8 July 1985 revised height regulations in 
administering section 9.18 of its new source review regulations.'' Thus, 
Rhode Island has satisfactorily demonstrated that its

[[Page 741]]

regulations meet 40 CFR 51.118 and 51.164.

[52 FR 49407, Dec. 31, 1987]



Sec. 52.2086  Emission inventories.

    (a) The Governor's designee for the State of Rhode Island submitted 
the 1990 base year emission inventory for the Providence ozone 
nonattainment area on January 12, 1993 as a revision to the State 
Implementation Plan (SIP). The 1990 base year emission inventory 
requirement of section 182(a)(1) of the Clean Air Act, as amended in 
1990, has been satisfied for this area.
    (b) The inventory is for the ozone precursors which are volatile 
organic compounds, nitrogen oxides, and carbon monoxide. The inventory 
covers point, area, non-road mobile, on-road mobile, and biogenic 
sources.
    (c) The Providence nonattainment area is classified as serious and 
includes the entire state of Rhode Island.
    (d) Minor revisions to the Rhode Island 1990 base year emission 
inventory were submitted to EPA on September 21, 1998. The revised 
emission estimates were prepared in accordance with EPA guidance, and 
are approved into the State's SIP.

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



Sec. 52.2087  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Rhode Island'' and all revisions submitted by Rhode 
Island that were federally approved prior to August 9, 1999.
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Notice of public hearing submitted on February 9, 1972, by the 
Rhode Island Department of Health.
    (2) Miscellaneous non-regulatory additions to the plan correcting 
minor deficiencies submitted on February 29, 1972, by the Rhode Island 
Department of Health.
    (3) Regulation 12 requiring prevention and control of air pollution 
from incinerators submitted on March 7, 1973, by the Rhode Island 
Department of Health.
    (4) Regulation 13 requiring prevention and control of air pollution 
from fuel burning equipment submitted on March 19, 1973, by the Rhode 
Island Department of Health.
    (5) Compliance schedules submitted on April 24, 1973, by the Rhode 
Island Department of Health.
    (6) Revisions to Regulation 10, Air Pollution Episodes, submitted on 
January 25, 1974, by the Rhode Island Department of Health.
    (7) AQMA identifications submitted on April 11, 1974, by the Rhode 
Island Department of Health.
    (8) Revision to Regulation 8, Limitation of Sulfur in Fuels, 
submitted on May 22, 1974, by the Rhode Island Department of Health.
    (9) Letter identifying Metropolitan Providence as an AQMA submitted 
on September 6, 1974, by the Governor.
    (10) Revision to Regulation 14, Source Recordkeeping and Reporting, 
submitted on September 5, 1973, by the Rhode Island Department of 
Health.
    (11) A comprehensive air quality monitoring plan, intended to meet 
requirements of 40 CFR part 58, was submitted by the Rhode Island 
Department of Environmental Management Director on January 8, 1980.
    (12) Attainment plans to meet the requirements of Part D of the 
Clean Air Act, as amended in 1977, were submitted on May 14, 1979, June 
11, 1979, August 13, 1979, January 8, January 24, March 10, March 31, 
April 21, June 6, June 13, August 20, November 14, March 4, March 5, and 
April 16, 1981. Included are plans to attain the carbon monoxide and 
ozone standards and information allowing for the redesignation of 
Providence to non-attainment for the primary TSP standard based on new 
data. A program was also submitted for the review of construction and 
operation of new and modified major stationary sources of pollution in 
non-attainment areas. Certain miscellaneous provisions unrelated to Part 
D are also included.
    (13) A revision to Regulation 8, ``Sulfur Content in Fuels,'' for 
the Narragansett Electric Company, Providence,

[[Page 742]]

submitted on August 28, 1980 by the Director of the Department of 
Environmental Management.
    (14) A revision to Regulation 8, ``Limitation of Sulfur in Fuels,'' 
submitted on January 30, 1981, by the Director of the Rhode Island 
Division of Air Resources allowing Bradford Dyeing Association, 
Westerly, to burn higher sulfur fuel oil, temporarily.
    (15) Revisions for Group II CTGs: Storage of Petroleum Liquids--
External Floating Roof Vessels (Regulation 11.6); and revisions to 
existing regulations: Stage I Vapor Controls (Regulation 11.5), 
Hazardous Waste Incinerators (Regulation 12.7.1), and Control of Solvent 
Metal Cleaning Emissions (Regulation 18) were submitted on January 9, 
July 23, and August 17, 1981.
    (16) Variances from Regulations 8, ``Sulfur Content in Fuels'' and 
13, ``Particulate Emissions from Fossil Fired Steam or Hot Water 
Generating Units'', for Kenyon Piece Dye Works, Richmond, submitted on 
July 1, 1982.
    (17) Revisions to Regulations 8, ``Sulfur Content of Fuels'' and 13, 
``Particulate Emissions from Fossil Fuel Fired Steam or Hot Water 
Generating Units'' were submitted on November 9, 1982 by the Division of 
Air and Hazardous Materials.
    (18) Revisions to Air Pollution Control Regulation Number 9, 
Approval to Construct, Install, Modify, or Operate (except to subsection 
9.1.1), and Section VI, Part II, ``Stationary Source Permitting and 
Enforcement'' of the narrative as submitted by the Department of 
Environmental Management on May 14, 1982 and July 1, 1982 for review of 
new major sources and major modifications in nonattainment areas. Also 
included are revisions to add rules for banking emission reductions.
    (19) Revisions to the Rhode Island State Implementation Plan for 
attainment of the primary National Ambient Air Quality Standard for 
ozone as submitted on May 14, 1982; July 1, 1982; July 7, 1982; October 
4, 1982 and March 2, 1983 by the Department of Environmental Management. 
Also included are generic bubble rules which provide for regulatory 
flexibility for VOC sources subject to RACT requirements under 
Regulations 15, 19 and 21 of the Rhode Island SIP
    (20) Revisions to attain and maintain the lead NAAQS as submitted on 
July 7, 1983 by the Department of Environmental Management.
    (21) The permit issued to the University of Rhode Island in Kingston 
approving a three-year bubble to control sulfur dioxide emissions. The 
Rhode Island Department of Environmental Management issued the permit in 
accordance with Regulation 8, Sec. 8.3.2, ``Emissions Bubbling'' and 
submitted it to EPA as a SIP revision on January 16, 1984.
    (22) Revisions to Regulation 9, ``Approval to Construct, Install, 
Modify or Operate'', and Section VI, Part II of the associated narrative 
of the Rhode Island SIP, to incorporate the requirements for the 
Prevention of Significant Deterioration of 40 CFR 51.24, permitting 
major stationary sources of lead and other miscellaneous changes as 
submitted on February 6, 1984 by the Rhode Island Department of 
Environmental Management. Clarifying letters dated January 27, 1984 and 
June 6, 1984.
    (23) Revisions to Air Pollution Control Regulation 8, ``Sulfur 
Content of Fuels,'' submitted on July 19, 1983, specifying maximum 
sulfur-in-coal limits (1.21 lbs/MMBtu on a 30-day rolling average and 
2.31 lbs/MMBtu on a 24-hour average) for the Narragansett Electric 
Company South Street Station in Providence. These revisions approve 
Section 8.3.4, ``Large Fuel Burning Devices Using Coal,'' for South 
Street Station only.
    (24) Revisions to the State Implementation Plan were submitted by 
the Rhode Island Department of Environmental Management on May 28, 1985 
and October 15, 1985.
    (i) Incorporation by reference. (A) Amendments to Regulation 8, 
``Sulfur Content of Fuels'' at 8.4.1(b) requiring owners/operators of 
fuel burning sources to have a sampling valve in the fuel line to the 
boiler to facilitate fuel sampling, amended on May 2, 1985.
    (B) Amendments to Regulation 9, ``Approval to Construct, Install, 
Modify, or Operate'' requiring best available control technology (BACT) 
for each air pollutant emitted when permitting all new stationary 
sources and modifications not otherwise subject to lowest achievable 
emission rate

[[Page 743]]

(LAER) requirements under Rhode Island's approved new source review 
plan. The amended sections are 9.1.9, 9.1.14, 9.1.21, 9.1.22, 9.1.33, 
9.1.36, 9.3.1, 9.3.3, 9.5.3, and 9.13.1. Regulation 9 was incorporated 
by reference in its present form on July 6, 1984 at paragraph (c)(22), 
above. The entire Regulation is being reincorporated by reference here 
to maintain consistency in the numbering and format, amended May 2, 
1985.
    (ii) October 15, 1985 letter from Rhode Island DEM to EPA which 
commits to implement the stack height related requirements of Regulation 
9 in accordance with the Stack Height regulations at 40 CFR part 51, 
subpart B.
    (25) A revision submitted on December 16, 1985 and January 23, 1986 
allowing the burning of 2.2% sulfur content fuel oil at the Seville 
Dyeing Corporation facility in Woonsocket, Rhode Island for a period of 
up to 30 months, commencing on August 1, 1986, the savings from which 
will be used to pay for permanent energy conservation measures to reduce 
on-site consumption of petroleum products by at least 50,000 gallons per 
year (estimated 250,000 gallons per year).
    (i) Incorporation by reference.
    (A) Letter from Doug L. McVay, Principal Engineer, to Seville Dyeing 
Corporation, dated December 16, 1985 allowing the temporary use of less 
expensive 2.2% sulfur fuel oil until February 1, 1989. At the end of the 
temporary use period, Seville Dyeing Corporation will return to the use 
of 1.0% sulfur fuel oil. The particulate emission rate for the facility 
will not exceed 0.15 lbs per million Btu.
    (B) Letter to Louis F. Gitto, Director of Air Management Division, 
EPA Region I from Thomas D. Getz, Director of Air & Hazardous Materials, 
RI DEM dated January 23, 1986; subject: Response to EPA questions 
regarding Seville Dyeing Corporation, and outline of the permanent 
energy conservation measures to be used.
    (26) Revisions submitted on November 5, 1985, June 16, 1986 and 
November 3, 1986 by the Rhode Island Department of Environmental 
Management (DEM) consisting of an administrative consent agreement 
between the DEM's Division of Air and Hazardous Materials and Whitman 
Products Limited (now James River Corporation's Decorative Product 
Division) in Johnston, Rhode Island. When the consent agreement expires 
on December 31, 1986, James River Corporation will be subject to the 
emission limits in Rhode Island Regulation No. 19, subsection 19.3.1.
    (i) Incorporation by reference.
    (A) An administrative consent agreement between the Rhode Island and 
Providence Plantation Department of Environmental Management and Whitman 
Products Limited. The consent agreement became effective on May 29, 
1985.
    (B) Letters of June 16, 1986 and September 17, 1985 from the 
Department of Environmental Management to EPA.
    (ii) Additional material.
    (A) Letter submitted on November 3, 1986 affirming that a sufficient 
growth margin exists, below the level of emissions necessary to show 
attainment of the national ambient air quality standard for ozone in 
Rhode Island, to absorb the increased emissions resulting from this 
compliance date extension.
    (27) Revision submitted on November 5, 1985 by the Rhode Island 
Department of Environmental Management consisting of an administrative 
consent agreement defining reasonably available control technology for 
Stanley Bostitch (formerly Bostitch Division
    (i) Incorporation by reference.
    (A) An administrative consent agreement between the Rhode Island 
Department of Environmental Management and Bostitch Division of Textron. 
The consent agreement became effective on June 6, 1985 and requires 
Bostitch Division of Textron to reformulate certain solvent-based 
coatings to low/no solvent formulations by December 31, 1986.
    (B) A letter to Bostitch Division of Textron from the Rhode Island 
Department of Environmental Management dated September 20, 1985 which 
serves as an addendum to the consent agreement. The addendum defines the 
emission limitations which Bostitch's Division of Textron reformulated 
coatings must meet.
    (28) Revision submitted on November 5, 1985 by the Rhode Island 
Department of Environmental Management consisting of an administrative 
consent

[[Page 744]]

agreement granting a final compliance date extension for the control of 
organic solvent emissions from sixpaper coating lines at Keene 
Corporation in East Providence, Rhode Island.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated November 5, 1985 submitting revisions to the Rhode 
Island State Implementation Plan.
    (B) An administrative consent agreement between the Rhode Island 
Department of Environmental Management and Keene Corporation, effective 
on September 12, 1985.
    (29) Revisions submitted on November 5, 1985, February 21, 1986, 
April 15, 1987 and May 14, 1987 by the Rhode Island Department of 
Environmental Management consisting of an administrative consent 
agreement defining alternative reasonably available control technology 
for Kenyon Industries in Kenyon, Rhode Island.
    (i) Incorporation by reference.
    (A) Letter from the State of Rhode Island and Providence Plantations 
dated April 15, 1987 submitting revisions for Kenyon Industries to the 
Rhode Island State Implementation Plan.
    (B) An administrative consent agreement between the State of Rhode 
Island and Providence Plantations Department of Environmental Management 
and Kenyon Industries, Inc., signed on December 31, 1986.
    (ii) Additional material.
    (A) A letter dated May 14, 1987 from the Department of Environmental 
Management containing technical support demonstrating that the revised 
consent agreement is at least as stringent as the consent agreement 
between the Rhode Island Department of Environmental Management and 
Kenyon effective in Rhode Island May 13, 1985.
    (B) Original consent agreement between the Rhode Island Department 
of Environmental Management and Kenyon effective on May 13, 1985 
submitted to EPA on November 5, 1985.
    (C) Letter dated February 21, 1986 from Rhode Island describing 
required recordkeeping for Kenyon.
    (30) Revisions to the State Implementation Plan were submitted by 
Rhode Island Department of Environmental Management on February 27, 
1987. These revisions were effective as of January 20, 1987 in the State 
of Rhode Island.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated February 27, 1987 submitting revisions to the Rhode 
Island State Implementation Plan.
    (B) Amendment to Air Pollution Control Regulation No. 11, at 
subsection 11.4.5 adopted on January 20, 1987 in Rhode Island.
    (C) Amendment to Air Pollution Control Regulation No. 19, at 
subsection 19.7.1 adopted on January 20, 1987 in Rhode Island.
    (D) Amendment to Air Pollution Control Regulation No. 21, at 
subsection 21.6.1 adopted on January 20, 1987 in Rhode Island.
    (31) [Reserved]
    (32) Revisions submitted on May 6, 1987, October 15, 1987, and 
January 4, 1988 by the Rhode Island Department of Environmental 
Management consisting of an administrative consent agreement which 
defines and imposes RACT to control volatile organic comp
    (i) Incorporation by reference.
    (A) An administrative consent agreement (86-12-AP), except for 
Provisions 7 and 8, between the Rhode Island Department of Environmental 
Management and Tech Industries effective June 12, 1986.
    (B) An addendum to the administrative consent agreement (86-12-AP) 
between the Rhode Island Department of Environmental Management and Tech 
Industries. The addendum was effective November 24, 1987.
    (C) Letters dated May 6, 1987; October 15, 1987; and January 4, 1988 
submitted to the Environmental Protection Agency by the Rhode Island 
Department of Environmental Management.
    (33) Revisions to federally approved Air Pollution Control 
Regulation Number 11 submitted on November 7, 1988 and April 24, 1989 by 
the Rhode Island Department of Environmental Management, limiting the 
volatility of gasoline from May 1 through September 15, beginning 1989 
and continuing every year thereafter, including any waivers to such 
limits Rhode Island may grant.

[[Page 745]]

In 1989, the control period will begin on June 30.
    (i) Incorporation by reference.
    (A) Amendments to Rhode Island Air Pollution Control Regulation No. 
11, effective July 5, 1979, entitled, ``Petroleum Liquids Marketing and 
Storage,'' sections 11.7.1 filed with the Secretary of State of Rhode 
Island on August 11, 1988, and effective in the State of Rhode Island on 
August 31, 1988.
    (B) Amendments to Rhode Island Air Pollution Control Regulation No. 
11, effective July 5, 1979, entitled, ``Petroleum Liquids Marketing and 
Storage,'' amendmends to section 11.7.2 filed with the Secretary of 
State of Rhode Island on April 27, 1989, and effective in the State of 
Rhode Island on May 17, 1989.
    (34) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on April 28, 1989, 
approving a renewal of a sulfur dioxide bubble for the University of 
Rhode Island originally approved at paragraph (c)(21), of this section.
    (i) Incorporation by reference.
    (A) A renewal of an emissions bubble for the University of Rhode 
Island effective December 26, 1986.
    (35) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on April 26, 1990, 
which define and impose RACT to control volatile organic compound 
emissions from Providence Metallizing in Pawtucket, Rhode Island.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated April 26, 1990, submitting a revision to the Rhode 
Island State Implementation Plan.
    (B) An administrative consent agreement (87-2-AP) between the Rhode 
Island Department of Environmental Management and Providence Metallizing 
effective July 24, 1987.
    (C) An amendment to the administrative consent agreement (87-2-AP) 
between the Rhode Island Department of Environmental Management and 
Providence Metallizing effective May 4, 1989.
    (D) An addendum to the administrative consent agreement (87-2-AP) 
between the Rhode Island Department of Environmental Management and 
Providence Metallizing effective April 24, 1990.
    (ii) Additional materials.
    (A) Nonregulatory portions of the State submittal.
    (36) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on May 24, 1990, 
which define and impose RACT to control volatile organic compound 
emissions from Tillotson-Pearson in Warren, RhodeIsland.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated May 24, 1990 submitting a revision to the Rhode Island 
State Implementation Plan.
    (B) An Administrative consent agreement (90-1-AP) between the Rhode 
Island Department of Environmental Management and Tillotson-Pearson 
effective June 5, 1990.
    (37) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management dated November 3, 
1989, November 21, 1989, February 1, 1990 and September 19, 1990.
    (i) Incorporation by reference. (A) Letters from the Rhode Island 
Department of Environmental Management dated November 3, 1989, November 
21, 1989, February 1, 1990 and September 19, 1990 submitting revisions 
to the Rhode Island State ImplementationPlan.
    (B) Amendments to Rhode Island's Air Pollution Control Regulation 
Number 6, amended and effective November 22, 1989.
    (C) Amendments to Rhode Island's Air Pollution Control Regulation 
Numbers 11; 15, excluding subsections 15.1.16 and 15.2.2; 18, excluding 
subsections 18.1.8, 18.2.1, 18.3.2(d), 18.3.3(f), and 18.5.2; 19, 
excluding subsections 19.1.11, 19.2.2, and 19.3.2(a); and 21, except 
subsections 21.1.15 and 21.2.2, and portion of subsection 21.5.2(h) 
which states ``equivalent to'' in the parenthetical, amended and 
effective December 10, 1989.
    (38) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on May 22, 1991.
    (i) Incorporation by reference.

[[Page 746]]

    (A) Letter from the Rhode Island Department of Environmental 
Management dated May 22, 1991 submitting a revision to the Rhode Island 
State Implementation Plan.
    (B) Section 9.1.36 ``baseline concentration,'' section 9.1.39 
``increment,'' section 9.1.40 ``major source baseline date,'' section 
9.1.42 ``minor source baseline date,'' section 9.1.43 ``net emissions 
increase,'' and section 9.15.1(c)(5)--exclusion from NO2 
increments due to SIP-approved temporary increases of emissions, of the 
Rhode Island Air Pollution Control Regulation No. 9 entitled ``Approval 
to Construct, Install, Modify or Operate,'' effective in the State on 
May 20, 1991.
    (ii) Additional materials.
    (A) Nonregulatory portions of the state submittal.
    (39) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on January 12, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management, dated January 12, 1993, submitting a revision to the Rhode 
Island State Implementation Plan.
    (B) Rhode Island Department of Environmental Protection, Division of 
Air and Hazardous Materials, Air Pollution Control Regulation No. 11, 
entitled ``Petroleum Liquids Marketing Storage,'' submitted to the 
Secretary of State on January 11, 1993.
    (C) Letter from the Rhode Island Department of Environmental 
Protection, dated February 10, 1993, stating that Regulation No. 11 
became effective on January 31, 1993, 20 days after being filed with the 
Secretary of State.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (40) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on November 13, 
1992.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated November 13, 1992 submitting a revision to the Rhode 
Island State Implementation Plan.
    (B) Rhode Island Department of Environmental Protection, Division of 
Air and Hazardous Materials, Air Pollution Control Regulations No. 19, 
entitled ``Control of Volatile Organic Compounds from Surface Coating 
Operations,'' submitted to the Secretary of State on October 30, 1992 
and effective on November 20, 1992.
    (C) Rhode Island Department of Environmental Protection, Division of 
Air and Hazardous Materials, Air Pollution Control Regulations No. 25, 
entitled ``Control of Volatile Organic Compound Emissions from Cutback 
and Emulsified Asphalt,'' submitted to the Secretary of State on October 
30, 1992 and effective on November 20, 1992.
    (D) Rhode Island Department of Environmental Protection, Division of 
Air and Hazardous Materials, Air Pollution Control Regulations No. 26, 
entitled ``Control of Organic Solvent Emissions from Manufacture of 
Synthesized Pharmaceutical Products,'' submitted to the Secretary of 
State on October 30, 1992 and effective on November 20, 1992.
    (ii) Additional materials.
    (A) Letter from the Rhode Island Department of Environmental 
Protection, dated February 10, 1993, clarifying the November 13, 1992 
revision to the SIP.
    (B) Nonregulatory portions of the submittal.
    (41) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on March 11, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated March 5, 1993 submitting a revision to the Rhode Island 
State Implementation Plan.
    (B) Rhode Island's Air Pollution Control Regulation No. 9 entitled, 
``Air Pollution Control Permits,'' except for Chapter 9.13, Application 
for an Air Toxics Operating Permit; Chapter 9.14, Administrative Action: 
Air Toxics Operating Permits; and Chapter 9.15, Transfer of an Air 
Toxics Operating Permit; and Appendix A, Toxic Air Pollutants, Minimum 
Quantities. This regulation was effective in the State of Rhode Island 
on March 24, 1993.
    (ii) Additional materials.

[[Page 747]]

    (A) A fact sheet on the proposed amendments to Regulation No. 9 
entitled, ``Approval to Construct, Install, Modify or Operate''.
    (B) Nonregulatory portions of the State submittal.
    (42) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on January 12, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated January 12, 1993 submitting a revision to the Rhode 
Island State Implementation Plan.
    (B) Revisions to Air Pollution Control Regulation No. 14, ``Record 
Keeping and Reporting,'' filed with the Secretary of State on January 
11, 1993 and effective in the State of Rhode Island on January 31, 1993.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (43) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on March 15, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated March 15, 1994 submitting a revision to the Rhode 
Island State Implementation Plan.
    (B) Rhode Island Department of Environmental Management, Division of 
Air Resources, Air Pollution Control Regulation No. 32, ``Control of 
Volatile Organic Compounds from Marine Vessel Loading Operations'' 
effective in the State of Rhode Island on March 31, 1994, with the 
exception of Section 32.2.2 which Rhode Island did not submit as part of 
the SIP revision.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (44) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on June 27, 1995.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated June 27, 1995 submitting a revision to the Rhode Island 
State Implementation Plan.
    (B) The following portions of the Rules Governing the Control of Air 
Pollution for the State of Rhode Island effective on July 17, 1995: Air 
Pollution Control Regulation No. 30, Control of Volatile Organic 
Compounds from Automotive Refinishing Operations.
    (45) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on May 15, 1995
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Protection dated May 15, 1995 submitting a revision to the Rhode Island 
State Implementation Plan.
    (B) Air Pollution Control Regulation 29.3 ``Emissions Caps''; 
effective in the State of Rhode Island on May 18, 1995.
    (ii) Additional materials.
    (A) Non-regulatory portions of the submittal.
    (46) A revision to the Rhode Island SIP regarding ozone monitoring. 
The State of Rhode Island will modify its SLAMS and its NAMS monitoring 
systems to include a PAMS network design and establish monitoring sites. 
The State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated January 14, 1994 submitting an amendment to the Rhode 
Island State Implementation Plan.
    (B) Letter from the Rhode Island Department of Environmental 
Management dated June 14, 1994 submitting an amendment to the Rhode 
Island State Implementation Plan.
    (C) Section VII of the Rhode Island State Implementation Plan, 
Ambient Air Quality Monitoring.
    (47) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on March 15, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated March 15, 1994 submitting revisions to the Rhode Island 
State Implementation Plan.
    (B) The following portions of the Rules Governing the Control of Air 
Pollution for the State of Rhode Island, with the exception of Section

[[Page 748]]

31.2.2, effective 90 days after the date that EPA notifies Rhode Island 
that the State has failed to achieve a 15% reduction of VOC emission 
from the 1990 emission levels, in accordance with the contingency 
measure provisions of the Rhode Island SIP, (except for Section 31.5.2, 
which requires records of amount of product sold, beginning July, 
1994.): Air Pollution Control Regulation No. 31, Control of Volatile 
Organic Compounds from Commercial and Consumer Products.
    (C) The following portions of the Rules Governing the Control of Air 
Pollution for the State of Rhode Island, with the exception of Section 
33.2.2, effective 90 days after the date that EPA notifies Rhode Island 
the State has failed to achieve a 15% reduction of VOC emission from the 
1990 emission levels, in accordance with the contingency measure 
provisions of the Rhode Island SIP, (except for Section 33.5.2, which 
requires records of amount of product sold, beginning July, 1994.): Air 
Pollution Control Regulation No. 33, Control of Volatile Organic 
Compounds from Architectural and Industrial Maintenance Coatings.
    (48) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on September 17, 
1996, which define and impose reasonably available control technology 
(RACT) to control nitrogen oxides emissions at major stationary sources 
in Rhode Island.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management, dated September 17, 1996, submitting revisions to the Rhode 
Island State Implementation Plan.
    (B) Regulation number 27, ``Control of Nitrogen Oxide Emissions,'' 
as adopted on December 27, 1995, effective January 16, 1996.
    (C) An administrative consent agreement between Rhode Island 
Department of Environmental Management and Rhode Island Hospital, file 
no. 95-14-AP, effective on November 27, 1995.
    (D) An administrative consent agreement between Rhode Island 
Department of Environmental Management and Osram Sylvania Incorporated, 
file no. 96-06-AP, effective on September 4, 1996.
    (E) An air pollution permit approval, no. 1350, for Osram Sylvania 
Incorporated issued by the Rhode Island Department of Environmental 
Management on May 14, 1996 and effective on that date.
    (49) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on September 17, 
1996, which define and impose alternative reasonably available control 
technology (RACT) requirements to control nitrogen oxides emissions at 
certain major stationary sources in Rhode Island.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated September 17, 1996, submitting revisions to the Rhode 
Island State Implementation Plan.
    (B) An administrative consent agreement between Rhode Island 
Department of Environmental Management and Algonquin Gas Transmission 
Company, file no. 95-52-AP, effective on December 5, 1995.
    (C) An administrative consent agreement between Rhode Island 
Department of Environmental Management and Bradford Dyeing Association, 
Inc., file no. 95-28-AP, effective on November 17, 1995.
    (D) An administrative consent agreement between Rhode Island 
Department of Environmental Management and Hoechst Celanese Corporation, 
file no. 95-62-AP, effective on November 20, 1995.
    (E) An administrative consent agreement between Rhode Island 
Department of Environmental Management and University of Rhode Island, 
file no. 95-50-AP, effective on March 12, 1996.
    (F) An administrative consent agreement between Rhode Island 
Department of Environmental Management and the Naval Education and 
Training Center in Newport, file no. 96-07-AP, effective on March 4, 
1996.
    (50) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on September 21, 
1998. The revisions consist of the State's 15 Percent plan and 
Contingency plan.

[[Page 749]]

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

[37 FR 10891, May 31, 1972. Redesignated and amended at 64 FR 43085, 
Aug. 9, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2087, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.2088  Control strategy: Ozone.

    (a) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on September 21, 
1998. These revisions are for the purpose of satisfying the rate of 
progress requirement of section 182(c)(2)(B), and the contingency 
measure requirements of section 182(c)(9) of the Clean Air Act, for the 
Providence serious ozone nonattainment area.
    (b) Approval--Revisions to the state implementation plan submitted 
by the Rhode Island Department of Environmental Management on March 24, 
2003. The revisions are for the purpose of satisfying the one-hour ozone 
attainment demonstration requirements of section 182(c)(2)(A) of the 
Clean Air Act, for the Rhode Island serious ozone nonattainment area. 
The revision establishes a one-hour attainment date of November 15, 2007 
for the Rhode Island serious ozone nonattainment area, and approves the 
contingency measures for purposes of attainment. This revision 
establishes motor vehicle emissions budgets for 2007 of 30.68 tons per 
day of volatile organic compounds and 33.97 tons per day of nitrogen 
oxides to be used in transportation conformity in the Rhode Island 
serious ozone nonattainment area. Rhode Island also commits to conduct a 
mid-course review to assess modeling and monitoring progress achieved 
towards the goal of attainment by 2007, and to submit the results to EPA 
by December 31, 2004.

[66 FR 30815, June 8, 2001, as amended at 68 FR 16724, Apr. 7, 2003]

[[Page 750]]



Sec. 52.2089  Control strategy: carbon monoxide.

    (a) Approval--On September 22, 2008, the Rhode Island Department of 
Environmental Management submitted a request to establish a limited 
maintenance plan for the Providence Rhode Island carbon monoxide 
attainment area for the remainder of the second ten-year maintenance 
plan. The State of Rhode Island has committed to year round carbon 
monoxide monitoring at the East Providence Photochemical Assessment 
Monitoring Station (PAMS) site; re-establishing downtown Providence CO 
monitoring if criteria specified in the Limited Maintenance Plan are 
triggered; and, ensuring that project-level carbon monoxide evaluations 
of transportation projects in the maintenance area are conducted. The 
limited maintenance plan satisfies all applicable requirements of 
section 175A of the Clean Air Act. Approval of a limited maintenance 
plan is conditioned on maintaining levels of ambient carbon monoxide 
levels below the required limited maintenance plan 8-hour carbon 
monoxide design value criterion of 7.65 parts per million. If the 
Limited Maintenance Plan criterion is no longer satisfied, Rhode Island 
must develop a full maintenance plan to meet Clean Air Act requirements.
    (b) [Reserved]

[74 FR 12559, Mar. 25, 2009]



                        Subpart PP_South Carolina



Sec. 52.2119  Identification of plan-conditional approval.

    EPA is conditionally approving a revision to the South Carolina 
State Implementation Plan (SIP) consisting of a new Standard (South 
Carolina Regulation 61-62.5 Standard No. 7.1). Based upon a commitment 
from the State, South Carolina must:
    (a) Revise the Nonattainment New Source Review (NNSR) program to 
include a provision that emission reductions must be surplus and are not 
to be used as offsets if they are otherwise required by the SIP, New 
Source Performance Standards and National Emissions Standards for 
Hazardous Air Pollutants including the Maximum Achievable Control 
Technology standards, or other federal requirements and submit to EPA a 
SIP revision with the revised rule;
    (b) Revise the State NNSR program to include a methodology for 
calculating offsets, and submit to EPA a SIP revision with the revised 
rule; and
    (c) Utilize the provisions of 40 CFR part 51, Appendix S to 
supplement its NNSR program until South Carolina's NNSR program is 
approved by EPA. If the State fails to meet its commitment by June 2, 
2009 the approval is treated as a disapproval. Also, EPA is disapproving 
two provisions of South Carolina's NNSR program (submitted on July 1, 
2005) that relate to provisions that were vacated from the federal 
program by the United States Court of Appeals for the District of 
Columbia Circuit on June 24, 2005. The two provisions vacated from the 
federal rules pertain to Pollution Control Projects (PCPs) and clean 
units. The PCP and clean unit references are severable from the 
remainder of the NNSR program. Specifically, the following sections of 
South Carolina Regulation 61-62.5 Standard No. 7.1 are being 
disapproved: (b)(5); (b)(6)--Second sentence only; (b)(8); (c)(4); 
(c)(6)(C)(viii); (c)(8)(C)(iii); (c)(8)(E)(v); (c)(10); (d)(1)(C)(ix); 
(d)(1)(C)(x); (d)(3)--Only the reference to the term ``clean unit'' is 
being disapproved. The remainder of this regulatory provision is being 
approved; (d)(4)--Only the reference to the term ``clean unit'' is being 
disapproved. The remainder of this regulatory provision is being 
approved; (f); (g) and (h).

[73 FR 31371, June 2, 2008]



Sec. 52.2120  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan (SIP) for South Carolina under section 110 of the 
Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national 
ambient air quality standards.
    (b) Incorporation by reference.
    (1) Material listed in paragraphs (c) and (d) of this section with 
an EPA approval date prior to July 1, 1997 was approved for 
incorporation by reference by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is 
incorporated

[[Page 751]]

as it exists on the date of the approval, and notice of any change in 
the material will be published in the Federal Register. Entries in 
paragraphs (c) and (d) of this section with EPA approval dates after 
July 1, 1997, will be incorporated by reference in the next update to 
the SIP compilation.
    (2) EPA Region 4 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
implementation plan as of July 1, 1997.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta, 
GA 30303; the EPA, Air and Radiation Docket and Information Center, Air 
Docket (6102), 401 M St., SW., Washington, DC 20460 or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (c) EPA approved regulations.

                              Air Pollution Control Regulations for South Carolina
----------------------------------------------------------------------------------------------------------------
                                                                    State         EPA
            State citation                   Title/subject        effective     approval      Federal register
                                                                     date         date             notice
----------------------------------------------------------------------------------------------------------------
Regulation No. 62.1..................                     Definitions and General Requirements
Regulation No. 62.1..................  Definitions and General       6/26/98      8/10/04  69 FR 48395.
                                        Requirements.
Section I............................  Definitions.............   08/26/2005   12/07/2006  71 FR 70880
Section II...........................  Permit Requirements.....     06/24/05     06/02/08  73 FR 31371.
Section III..........................  Emissions Inventory.....   02/25/2005   12/07/2006  71 FR 70880
Section IV...........................  Source Tests............      6/27/03      8/10/04  69 FR 48395.
Section V............................  Credible Evidence.......      7/27/01      1/13/03  67 FR 68767.
Regulation No. 62.2..................                         Prohibition of Open Burning
                                       6/25/04.................      8/26/05        70 FR
                                                                                   50195.
Regulation No. 62.3..................                            Air Pollution Episodes
Section I............................  Episode Criteria........     10/26/01       5/7/02  67 FR 30596.
Section II...........................  Emissions Reduction           4/29/88     10/03/89  54 FR 40662.
                                        Requirements.
----------------------------------------------------------------------------------------------------------------
Regulation No. 62.4..................                      Hazardous Air Pollution Conditions
----------------------------------------------------------------------------------------------------------------
                                                                    12/20/78      1/29/80  45 FR 6572.
----------------------------------------------------------------------------------------------------------------
Regulation No. 62.5..................                       Air Pollution Control Standards
----------------------------------------------------------------------------------------------------------------
Standard No. 5.2.....................  Control of Oxides of          6/25/04      8/26/05  70 FR 50195.
                                        Nitrogen (NOX).
----------------------------------------------------------------------------------------------------------------
                              Standard No. 1 Emissions from Fuel Burning Operations
----------------------------------------------------------------------------------------------------------------
Section I............................  Visible Emissions.......     10/26/01       5/7/02  67 FR 30596.
Section II...........................  Particulate Emissions...      4/29/88     10/03/89  54 FR 40662.
Section III..........................  Sulfur Dioxide Emissions      3/03/83     10/29/84  49 FR 43469.
Section IV...........................  Opacity Monitoring            3/16/89      7/02/90  55 FR 27226.
                                        Requirements.
Section V............................  Exemptions..............      6/05/85     10/03/89  54 FR 40660
Section VI...........................  Periodic Testing........      6/26/98      8/10/04  69 FR 48395.
Section VII..........................  Reserved................
----------------------------------------------------------------------------------------------------------------
                                  Standard No. 2 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
                                       ........................     09/24/04     08/22/07  72 FR 46905
----------------------------------------------------------------------------------------------------------------
                                   Standard No. 3 Emissions from Incinerators
----------------------------------------------------------------------------------------------------------------
                                                                     1/07/81      9/03/82  47 FR 38885.
----------------------------------------------------------------------------------------------------------------
                                Standard No. 4 Emissions from Process Industries
----------------------------------------------------------------------------------------------------------------
Section I............................  General.................      3/24/86      2/17/87  52 FR 4772.
Section II...........................  Sulfuric Acid                 3/24/86      2/17/87  52 FR 4772.
                                        Manufacturing.
Section III..........................  Kraft Pulp and Paper          4/29/88     10/03/89  54 FR 40662.
                                        Manufacturing.
Section IV...........................  Portland Cement               3/24/86      2/17/87  52 FR 4772.
                                        Manufacturing.
Section V............................  Cotton Gins.............     10/26/01       5/7/02  67 FR 30596.
Section V............................  Cotton Gins.............      3/24/86      2/17/87  52 FR 4772.
Section VI...........................  Hot Mix Asphalt Plants..      6/05/85     10/03/89  54 FR 40660.
Section VII..........................  Metal Refining..........      3/24/86      2/17/87  52 FR 4772.
Section VIII.........................  Other Manufacturing.....     10/26/01       5/7/02  67 FR 30596.

[[Page 752]]

 
Section VIII.........................  Other Manufacturing.....      4/29/88     10/03/89  54 FR 40662.
Section IX...........................  Visible Emissions.......      3/16/89      7/02/90  55 FR 27226.
Section X............................  Non-Enclosed Operations.      6/05/85     10/03/89  54 FR 40660.
Section XI...........................  Total Reduced Sulfur         10/26/01       5/7/02  67 FR 30596.
                                        Emissions of Kraft Pulp
                                        Mills.
Section XII..........................  Periodic Testing........      6/26/98      8/10/04  69 FR 48395.
Section XIII.........................  Reserved................
----------------------------------------------------------------------------------------------------------------
                                    Standard No. 5 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Section I............................  General Provisions......     10/26/01       5/7/02  67 FR 30596.
----------------------------------------------------------------------------------------------------------------
Part E...............................  Volatile Organic              6/26/98      8/10/04  69 FR 48395.
                                        Compound Compliance
                                        Testing.
----------------------------------------------------------------------------------------------------------------
                                   Section II Provisions for Specific Sources
----------------------------------------------------------------------------------------------------------------
Part A...............................  Surface Coating of Cans.     10/26/01       5/7/02  67 FR 30596.
Part B...............................  Surface Coating of Coils     08/22/79     12/16/81  46 FR 61268.
Part C...............................  Surface Coating of            8/22/79     12/16/81  46 FR 61268.
                                        Paper, Vinyl,& Fabric.
Part D...............................  Surface Coating of Metal      8/22/79     12/16/81  46 FR 61268.
                                        Furniture & Large
                                        Appliances.
Part E...............................  Surface Coating of           10/26/01       5/7/02  67 FR 30597.
                                        Magnet Wire.
Part F...............................  Surface Coating              10/26/01       5/7/02  67 FR 30597.
                                        Miscellaneous Metal
                                        Parts & Products.
Part G...............................  Surface Coating of Flat       9/10/80     11/24/81  46 FR 57486.
                                        Wood Paneling.
Part H...............................  Graphic Arts-Rotogravure      9/10/80     11/24/81  46 FR 57486.
                                        & Flexography.
----------------------------------------------------------------------------------------------------------------
                                               Part I--M Reserved
----------------------------------------------------------------------------------------------------------------
Part N...............................  Solvent Metal Cleaning..     10/26/01       5/7/02  67 FR 30596.
Part O...............................  Petroleum Liquid Storage      9/10/80     11/24/81  46 FR 57486.
                                        in Fixed Roof Tanks.
Part P...............................  Petroleum Liquid Storage      9/10/80     11/24/81  46 FR 57486.
                                        in External Floating
                                        Roof Tanks.
Part Q...............................  Manufacture of                9/10/81     11/24/81  46 FR 57486.
                                        Synthesized
                                        Pharmaceutical Products.
Part R...............................  Manufacture of Pneumatic      9/10/81     11/24/81  46 FR 57486.
                                        Rubber Tires.
Part S...............................  Cutback Asphalt.........      6/13/79     12/16/81  46 FR 61268.
Part T...............................  Bulk Gasoline Terminals       6/13/79     12/16/81  46 FR 61268
                                        ans Vapor Collection
                                        Systems.
----------------------------------------------------------------------------------------------------------------
                      Standard No. 6 Alternative Emissions Limitation Options (``Bubble'')
----------------------------------------------------------------------------------------------------------------
                                                                    10/26/01       5/7/02  67 FR 30596.
----------------------------------------------------------------------------------------------------------------
                                                Section I General
 
                                        Section II Conditions for Approval
----------------------------------------------------------------------------------------------------------------
Part A...............................  Emissions of Total           10/26/01       5/7/02  67 FR 30596.
                                        Suspended Particulate
                                        or Sulfur Dioxide.
Part B...............................                   Emissions of Volatile Organic Compounds
Part C...............................           Emissions of Nitrogen Dioxide, Carbon Monoxide, or Lead
Part D...............................                            Designated Pollutants
Part E...............................                               De Minimis Cases
----------------------------------------------------------------------------------------------------------------
                                           Section III Enforceability
----------------------------------------------------------------------------------------------------------------
                           Standard No. 7 Prevention of Significant Deterioration \1\
----------------------------------------------------------------------------------------------------------------
                                                                    06/24/05     06/02/08  73 FR 31371.
Section I............................                                 Definitions
Section II...........................                              Ambient Air Limits
Section III..........................       Review of Major Plants and Major Modifications-Applicability and
                                                                       Exemptions
Section IV...........................                             Review Requirements
Supplement C.........................  ........................     05/26/96   August 20,  62 FR 44219
                                                                                     1997
Regulation No. 62.6..................                    Control of Fugitive Particulate Matter
                                                                     6/05/85     10/03/89  54 FR 40660.
Section I............................        Control of Fugitive Particulate Matter in Non-Attainment Areas
Section II...........................                    Control of Fugitive Particulate Matter
Section III..........................               Control of Fugitive Particulate Matter Statewide
Section IV...........................                                Effective Date
Regulation No. 62.7..................                    Good Engineering Practice Stack Height
                                                                     6/11/86      5/28/87  52 FR 19859
Section I............................                                   General
Section II...........................                                Applicability
Section III..........................                          Definitions and Conditions
Section IV...........................                             Public Participation

[[Page 753]]

 
Regulation No. 62.96.................  Nitrogen Oxides (NOX)         8/14/07     10/09/07  57209.
                                        and Sulfur Dioxide
                                        (SO2) Budget Trading
                                        Program General
                                        Provisions.
Regulation No. 62.99.................  Nitrogen Oxides (NOX)         5/24/02       6/2/02  67 FR 43547.
                                        Budget Program
                                        Requirements for
                                        Stationary Sources Not
                                        in the Trading Program.
----------------------------------------------------------------------------------------------------------------
\1\ This regulation (submitted on July 1, 2005) includes two portions of EPA's 2002 NSR Reform Rules that were
  vacated by the D.C. Circuit Court--Pollution Control Projects (PCPs) and clean units. As a result, EPA is
  disapproving all rules and/or rule sections in the South Carolina PSD rules referencing clean units or PCPs.
  Specifically, the following South Carolina rules are being disapproved: (a)(2)(iv)(e); (a)(2)(iv)(f) (second
  sentence only); (a)(2)(vi); (b)(12); (b)(30)(iii)(h); (b)(34)(iii)(b); (b)(34)(vi)(d); (b)(35); (r)(6) (only
  the reference to the term ``clean unit'' is being disapproved. The remainder of this regulatory provision is
  being approved); (r)(7) (only the reference to the term ``clean unit'' is being disapproved. The remainder of
  this regulatory provision is being approved); (x); (y) and (z).

    (d) EPA-approved State Source specific requirements.

                            EPA-Approved South Carolina Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                       State         EPA
            Name of source                Permit     effective     approval                Comments
                                          number        date         date
----------------------------------------------------------------------------------------------------------------
Transcontinental Gas Pipeline          2060-0179-C    4/27/2004   4/23/2009,  This permit is incorporated in
 Corporation Station 140                         D               74 FR 18474   fulfillment of the NOX SIP Call
                                                                               Phase II requirements for South
                                                                               Carolina.
----------------------------------------------------------------------------------------------------------------

    (e) EPA-approved South Carolina non-regulatory provisions.

----------------------------------------------------------------------------------------------------------------
                                              State
                Provision                   effective        EPA approval date               Explanation
                                               date
----------------------------------------------------------------------------------------------------------------
Cherokee County Ozone Ten Year                 1/31/02  4/26/02....................
 Maintenance Plan.
Transportation Conformity................     10/24/03  1/29/04, 69 FR 4249........
Attainment Demonstration for the              12/29/04  8/26/05, 70 FR 50195.......
 Appalachian, Catawba, Pee Dee, Waccamaw,
 Santee Lynches, Berkeley-Charleston-
 Dorchester, Low Country, Lower Savannah,
 Central Midlands, and Upper Savannah
 Early Action Compact Areas.
----------------------------------------------------------------------------------------------------------------


[62 FR 35444, July 1, 1997]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2120, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Effective Date Note: At 74 FR 26103, June 1, 2009, Sec. 52.2210 was 
amended by adding a new entry for the ``Cherokee County 8-Hour Ozone 
Section 110(a)(1) Maintenance Plan for the 1997 8-hour ozone standard'', 
effective July 31, 2009. For the convenience of the user, the added text 
is set forth as follows:



Sec. 52.2210  Identification of plan.

                                * * * * *

    (e) * * *

                              EPA-Approved South Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                 Applicable
  Name of nonregulatory SIP    geographic or                     EPA approval
          provision            nonattainment   Effective date        date                  Explanation
                                    area
----------------------------------------------------------------------------------------------------------------
 

[[Page 754]]

 
                                                  * * * * * * *
Cherokee County 110(a)(1)     Cherokee County      12/13/2007  July 31, 2009,
 Maintenance Plan for the                                       74 FR 26099.
 1997 8-Hour Ozone Standard.
----------------------------------------------------------------------------------------------------------------



Sec. 52.2121  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Augusta (Georgia)-Aiken (South Carolina) Interstate..           I          I       III       III           III
Metropolitan Charlotte Interstate....................           I         II       III       III             I
Camden-Sumter Intrastate.............................          II        III       III       III           III
Charleston Intrastate................................           I          I       III       III           III
Columbia Intrastate..................................          II        III       III       III           III
Florence Intrastate..................................         III        III       III       III           III
Georgetown Intrastate................................          II        III       III       III           III
Greenville-Spartanburg Intrastate....................           I        III       III       III           III
Greenwood Intrastate.................................         III        III       III       III           III
Savannah (Georgia)-Beaufort (South Carolina)                    I          I       III       III           III
 Interstate..........................................
----------------------------------------------------------------------------------------------------------------



Sec. 52.2122  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves South Carolina's plans for the attainment and maintenance of 
the national standards under section 110 of the Clean Air Act. 
Furthermore the Administrator finds the plans satisfy all requirements 
of Part D, Title I, of the Clean Air Act as amended in 1977, except as 
noted elsewhere in this subpart. In addition, continued satisfaction of 
the requirements of Part D for the ozone portion of the SIP depends on 
the adoption and submittal of RACT requirements by July 1, 1980 for the 
sources covered by CTG's issued between January 1978 and January 1979 
and adoption and submittal by each subsequent January of additional RACT 
requirements for sources covered by CTGs issued by the previous January.
    (b) EPA disapproved South Carolina's generic bubble regulation 
submitted for approval into the State Implementation Plan (SIP) on June 
5, 1985.

[45 FR 6575, Jan. 29, 1980, as amended at 60 FR 12702, Mar. 8, 1995]



Sec. 52.2124  Legal authority.

    (a)-(c) [Reserved]
    (d) The requirements of Sec. 51.230(d) of this chapter are not met 
since statutory authority to prevent construction, modification, or 
operation of a facility, building, structure, or installation, or 
combination thereof, which indirectly results or may result in emissions 
of any air pollutant at any location which will prevent the maintenance 
of a national air quality standard is not adequate.

[37 FR 10892, May 31, 1972, as amended at 39 FR 7284, Feb. 25, 1974; 41 
FR 10065, Mar. 9, 1976; 51 FR 40676, Nov. 7, 1986]

[[Page 755]]



Sec. 52.2125  [Reserved]



Sec. 52.2126  VOC rule deficiency correction.

    Sections I and II of South Carolina's Regulations 62.1 and 62.5 is 
approved. The State submitted these regulations to EPA for approval on 
September 18, 1990. Sections I and II of Regulation 62.5 were intended 
to correct deficiencies cited in a letter calling for the State to 
revise its SIP for ozone from Mr. Greer C. Tidwell, the EPA Regional 
Administrator, to Governor Carroll A. Campbell on May 26, 1988, and 
clarified in a letter from Mr. Winston A. Smith, EPA Region IV, Air, 
Pesticides and Toxics Management Division, to Mr. Otto E. Pearson, 
former Director of the South Carolina Department of Health and 
Environmental Control:
    (a) South Carolina's VOC regulations contain no method for 
determining capture efficiency. This deficiency must be corrected after 
EPA publishes guidance on the methods for determining capture efficiency 
before the SIP for ozone can be fully approved.
    (b) [Reserved]

[57 FR 4161, Feb. 4, 1992, as amended at 59 FR 17937, Apr. 15, 1994]



Sec. Sec. 52.2127-52.2129  [Reserved]



Sec. 52.2130  Control strategy: Sulfur oxides and particulate matter.

    In letters dated May 7, and December 2, 1986, the South Carolina 
Department of Health and Environmental Control certified that no 
emission limits in the State's plan are based on dispersion techniques 
not permitted by EPA's stack height rules. This certification does not 
apply to Public Service Authority--Winyah, SCE& G--Bowater, and SCE & 
G--Williams.

[54 FR 14651, Apr. 12, 1989]



Sec. 52.2131  Significant deterioration of air quality.

    (a)-(b) [Reserved]
    (c) All applications and other information required pursuant to 
Sec. 52.21 from sources located in the State of South Carolina shall be 
submitted to the Office of Environmental Quality Control, Department of 
Health and Environmental Control, 2600 Bull Street, Columbia, South 
Carolina 29201, instead of the EPA Region IV office.

[42 FR 4124, Jan. 24, 1977, as amended at 47 FR 6018, Feb. 10, 1982]



Sec. 52.2132  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met, because the plan does not include approvable procedures for 
protection of visibility in mandatory Class I Federal areas.
    (b) Regulation for visibility monitoring. The provisions of Sec. 
52.26 are hereby incorporated and made a part of the applicable plan for 
the State of South Carolina.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of South 
Carolina.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.2133  General conformity.

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

[62 FR 32538, June 16, 1997]



Sec. 52.2134  Original identification of plan section.

    (a) This section identifies the original ``South Carolina Air 
Quality Implementation Plan'' and all revisions submitted by South 
Carolina that were federally approved prior to July 1, 1997.
    (b) The plan was officially submitted on January 21, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified:
    (1) Miscellaneous non-regulatory additions to the plan submitted on 
May 4, 1972, by the South Carolina Pollution Control Authority.
    (2) Letter requesting delegation of authority submitted on July 21, 
1972, by the Governor.
    (3) Miscellaneous wording changes in paragraph 2.B.4 of Regulation 
1A; in Sections I.B., II.B, and II.C of Standard 1A; in Section II.D of 
Standards 2A and

[[Page 756]]

in paragraph II of Regulation 4A submitted on August 23, 1972, by the 
Governor.
    (4) Compliance schedules submitted on February 16, 1973, by the 
South Carolina Pollution Control Authority.
    (5) Categorical compliance schedule regulation submitted on August 
16, 1973, by the South Carolina Department of Health and Environmental 
Control.
    (6) Revised SO2 emission limits for fuel combustion 
sources submitted on March 14, 1974, by the South Carolina Department of 
Health and Environmental Control.
    (7) AQMA identification material submitted on March 22, 1974, by the 
South Carolina Department of Health and Environmental Control.
    (8) Revised legal authority with respect to the public availability 
of emission data, submitted on October 15, 1975, by the Governor of 
South Carolina.
    (9) Revised particulate emission limits for existing fuel burning 
sources and requirements for continuous in-stack monitoring and 
reporting of opacity by certain of these sources, submitted January 13 
and March 30, 1977, by the South Carolina Department of Health and 
Environmental Control. (The revised particulate limits do not apply to 
International Paper Company's Georgetown facility or to the South 
Carolina Electric and Gas Company's Hagood Plant in Charleston; for 
these two sources, the plan's original emission limits continue to 
apply.)
    (10) Permit changes, specified below, were submitted by the South 
Carolina Department of Health and Environmental Control on May 9, 1979. 
These changes provide emissions offset for R. R. Donnelley and Sons 
Company, and apply to M. Lowenstein and Sons, Inc., as follows:
    (i) Operating permit number O/P-42-167 for the operation of five (5) 
Kingsley Roller Print Dryers (Nos. 3, 4, 5, 6, and 7) is cancelled with 
these dryers not to be operated after June 1, 1979.
    (ii) Operating permit number O/P-42-170 through O/P-42-179 for 
screen print machine Nos. 3, 4, 5, 6, 7, 8, 10, 11, and 12 are reissued 
to reflect the total and permanent transition from solvent-based print 
pastes to water-based print pastes on these machines as of June 1, 1979.
    (11) 1979 implementation plan revision for nonattainment areas, 
submitted on December 20, 1978, by the South Carolina Department of 
Health and Environmental Control.
    (12) Variance granted to Bowater Carolina Corporation until April 1, 
1981, for increased particulate emissions and opacity limits, and 
revised regulation 61.62.1(B)(II), submitted on April 24, 1980, by the 
South Carolina Department of Health and Environmental Control.
    (13) Changes in and supplements to 1979 implementation plan 
revisions for nonattainment areas, submitted on April 4, June 13, July 
6, August 14, August 22, 1979, and on April 29, 1981, by the South 
Carolina Department of Health and Environmental Control. Included are a 
special operating permit for Macalloy Corporation and the following 
regulation changes:

R. 62.5, Standard No. 5, Section II, revised definition of VOC (formerly 
located in R. 62.5, Standard No. 5, Section I, Part A);
R. 62.5, Standard No. 5, Section II, revised VOC regulation-Petroleum 
liquid storage tanks (formerly R. 62.5, Standard 5, Section II, Part B);
R. 62.1, Section I, revised definition of ``fugitive dust'';
R. 62.5, Standard No. 5, Section I, Part E--VOC--Case-by-Case 
Exceptions;
R. 62.5, Standard No. 1, Section I, Part C--VE--Special Provisions.

    (14) Revisions in emergency episode plan, submitted on September 10, 
1980, by the South Carolina Department of Health and Environmental 
Control.
    (15) Air quality surveillance plan revision to satisfy the 
requirements of 40 CFR part 58, submitted on March 10, 1980 by the South 
Carolina Department of Health and Environmental Control.
    (16) Provision for public participation to satisfy section 127(a) of 
the Clean Air Act, submitted on March 10, 1980 by the South Carolina 
Department of Health and Environmental Control.
    (17) Standard No. 6, Alternative Emission Reduction Options, 
submitted on June 17, 1981, by the South Carolina Department of Health 
and Environmental Control.
    (18) Set II VOC regulations, submitted on September 10, 1980, by the

[[Page 757]]

South Carolina Department of Health and Environmental Control.
    (19) Alternative compliance schedule for Cryovac Division of W. R. 
Grace, Simpsonville, submitted on January 5, 1981, by the South Carolina 
Department of Health and Environmental Control.
    (20) Implementation plan for lead, submitted on May 1, 1980, by the 
South Carolina Department of Health and Environmental Control.
    (21) Prevention of significant deterioration SIP, submitted on April 
14, 1981, by the South Carolina Department of Health and Environmental 
Control.
    (22) Provision for variance from conditions of operating permits, 
submitted on June 7, 1982, by the South Carolina Department of Health 
and Environmental Control.
    (23) Revised visible emissions standard for incinerators and revised 
regulation for alternate emission limitation options (bubbles), 
submitted on June 7, 1982, by the South Carolina Department of Health 
and Environmental Control. EPA is not taking action on that portion of 
this regulation (Regulation No. 62.5, Standard No. 6, Section II, Part 
D) pertaining to alternative emission limitation options for designated 
pollutants subject to regulation under section 111(d) of the Clean air 
Act.
    (24) Special Operating Permit for South Carolina Electric and Gas 
Company-Williams Power Station, submitted on June 25, 1982, by the South 
Carolina Department of Health and Environmental Control.
    (25) Visibility new source review regulations and narrative 
visibility SIP were submitted to EPA on June 3, 1985.
    (i) Incorporation by reference.
    (A) Letter of June 3, 1985, from the South Carolina Department of 
Health and Environmental Control, and amendments to Regulation No. 62.5, 
Standard No. 7, Section IV, Part H; Regulation No. 62.5, Standard No. 7, 
Section IV, Part E; and Regulation No. 62.5, Standard No. 7, Section I, 
Part CC, adopted by the South Carolina Board of Health and Environmental 
Control on May 21, 1985.
    (ii) Additional material.
    (A) Narrative section, titled ``Visibility Protection Control 
Strategy'', adopted by the South Carolina Board of Health and 
Environmental Control on May 21, 1985.
    (26) Changes in Regulations 62.2, 62.3, and 62.5, submitted on March 
3, May 5, and July 11, 1983 by the South Carolina Department of Health 
and Environmental Control.
    (27) On March 3, and August 17, 1983 and September 5, 1984, Appendix 
B, a Methodology Manual for use with Standards for Volatile Organic 
Compounds, and on May 12, 1983, and January 23, 1980, studies for 
Appendix J, Transportation Control Plans for Columbia and Charleston, 
were submitted to EPA by the South Carolina Department of Health and 
Environmental Control.
    (28) Stack height regulations were submitted to EPA on June 11, 
1986.
    (i) Incorporation by reference.
    (A) Letter of June 11, 1986, from the South Carolina Department of 
Health and Environmental Control transmitting stack height regulations.
    (B) Regulation 62.7, Good Engineering Practice Stack Height, adopted 
on April 24, 1986, and effective on May 23, 1986.
    (C) Addition of item 10 to Section I, Definitions, of regulation 
62.1, adopted on April 24, 1986, and effective on May 23, 1986.
    (D) Addition of item A.2.f to Section II, Permit Requirements, of 
regulation 62.1, adopted on April 24, 1986, and effective on May 23, 
1986.
    (ii) Other material--none.
    (29) Process opacity monitoring requirements were submitted to EPA 
on March 24, 1986 and July 8, 1986.
    (i) Incorporation by reference.
    (A) Letter of March 24, 1986 to EPA from the South Carolina 
Department of Health and Environmental Control, and amendments to Air 
Pollution Control Regulation No. 62.5, Standard No. 4, which was 
effective on February 28, 1986.
    (ii) Other material--none.
    (30) [Reserved]
    (31) Changes in South Carolina's SIP submitted to EPA on June 5, 
1985, by the South Carolina Department of Health and Environmental 
Control.
    (i) Incorporation by reference.

[[Page 758]]

    (A) Changes in South Carolina's Regulations which were adopted May 
24, 1985:
    (1) Regulations 62.1, Section I (Definitions) No. 1 and Section III 
(Emission Inventory)
    (2) Regulation 62.2 (Prohibition of Open Burning)
    (3) Regulation 62.3 (Air Pollution Episodes); except for Section I 
and Section II Introductory paragraph
    (4) Regulation 62.5, Standard No. 1 (Emissions From Fuel Burning 
Operations), Section IV, Part B, Section V, and Section VII
    (5) Regulation 62.5, Standard No. 4 (Emissions from Process 
Industries), Except for Section III, Section VIII(A), and Section XI 
Introductory paragraph
    (6) Regulation 62.5, Standard No. 7 (Prevention of Significant 
Deterioration), Section I, Parts B(1), E, F and Q(2)
    (7) Regulation 62.6 (Control of Fugitive Particulate Matter), 
Section I (b) and (c) and Section III (c) and (d)
    (ii) Other material.
    (32) Provisions for PM10 submitted on April 29, 1988 and 
April 4, 1989, by the South Carolina Department of Health and 
Environmental Control. The April 29, 1988, submittal contained revisions 
that were effective on April 22, 1988. The April 4, 1989, submittal 
contained revisions that were effective on March 24, 1989.
    (i) Incorporation by reference.
    (A) Regulation 62.1, Definitions, Permit Requirements, and Emissions 
Inventory as revised by the addition on April 22, 1988, of Section I, 
Nos. 22, 23, 25, and 42.
    (B) The following portions of Regulation 62.3, Air Pollution 
Episodes were revised April 22, 1988.
    (1) Section I.
    (2) Section II, Introductory paragraph.
    (C) The following portions of Regulation 62.5, Standard No. 1--
Emissions from Fuel Burning Operations were revised April 22, 1988:
    (1) Section II, Title.
    (2) Section VI, Introductory paragraph
    (D) Regulation 62.5, Standard No. 2--Ambient Air Quality Standards 
revised April 22, 1988.
    (E) The following portions of Regulation 62.5, Standard No. 4--
Emissions from Process Industries were revised April 22, 1988.
    (1) Section III
    (2) Section VIII (A)
    (3) Section XI, Introductory paragraph
    (F) The following portions of Regulation 62.5, Standard No. 7--
Prevention of Significant Deterioration were revised April 22, 1988.
    (1) Section I, Part V(1)
    (2) Section II, Part A
    (3) Section III Part H(1)
    (4) Section IV Part E(4)
    (G) The following portions of Regulation 62.5, Standard No. 7--
Prevention of Significant Deterioration were revised March 24, 1989.
    (1) Section III, Part D, (6) and (7)
    (2) Section III Part (J)(3), (4), and (5)
    (3) Section IV Part (H)(4)
    (ii) Other materials.
    (A) Letters of April 29, 1988, and April 4, 1989, from the South 
Carolina Department of Health and Environmental Control which address 
PM10 revisions.
    (B) Revised narrative on particulate matter.
    (33) Changes in South Carolina's SIP submitted to EPA on March 16, 
1989, by the South Carolina Department of Health and Environmental 
Control.
    (i) Incorporation by reference.
    (A) Regulation 62.5 Standard No. 4. Sections I thru VIII and Tables 
A and B effective April 22, 1988.
    (B) Changes in South Carolina's Regulations which were effective 
March 24, 1989:
    1. Regulation 62.1: Section I Definitions. 9 and 38 and Section III 
Emission Inventory.
    2. Regulation 62.5, Standard No. 1 Emissions from Fuel Burning 
Operations: Section I, Part D; Section IV, Paragraph A.2.a. and Part D.
    3. Regulation 62.5, Standard No. 2 Ambient Air Quality Standards: 
Introductory paragraph.
    4. Regulation 62.5, Standard No. 4 Emissions from Process 
Industries: Section IX and X.
    5. Regulation 62.5, Standard No. 7 Prevention of Significant 
Deterioration: Section 1 B(1)(a) and Part L
    (ii) Additional Material.

[[Page 759]]

    (A) March 16, 1989, letter from South Carolina Department of Health 
and Environmental Control.
    (34) Changes in South Carolina's SIP submitted to EPA on September 
18, 1990, by the South Carolina Department of Health and Environmental 
Control.
    (i) Incorporation by reference.
    (A) The following revision to South Carolina's State Implementation 
Plan (SIP) which became effective on August 24, 1990:

(1) Regulation 61-62.1:
    (i) Section II,A,1. Applicability
    (ii) Standard No. 5.1:
    Section I,A.
    Section III,A,1.
    Section III,D.
    Section III,L.
    Section IV,B.
(2) Regulation 61-62.5:
    (i) Standard No. 7:
    Section I,C,(4)
    Section I,Part M
    Section I,Part N
    Section I,Part O
    Section I, BB
    Section II A.
    Section II D,(1),(e)
    Section II D,(3),(a)
    Section IV,D,(1)
    Section IV H,(4)
(3) Regulation 61-62.1
    (i) Section I,74.
(4) Regulation 61-62.5, Standard No. 5
    (i) Section I,A: 9,22,27-78
    (ii) Section I,C,1,b,(vi)
    (iii) Section I,E,4
    (iv) Section I,E,12
    (v) Part F. Recordkeeping, Reporting, Monitoring
    (vi) Part G. Equivalency Calculations
    (vii) Section II--Provisions for Specific Sources
    Part A. Surface Coating of Cans
    Part B,2. Control Technology
    Part C
    Part D
    Part E Surface Coating of Magnet Wire
    Part F,2. and 3.
    Part G,3. Control Technology

    (ii) Other material.
    (A) None.
    (35) [Reserved]
    (36) The maintenance plan for Cherokee County submitted by the South 
Carolina Department of Health and Environmental Control on July 20, 
1992, as part of the South Carolina SIP.
    (i) Incorporation by reference.
    (A) Cherokee County Ozone Attainment Demonstration and Ten Year 
Maintenance Plan effective June 11, 1992.
    (B) Emissions Inventory Projections for Cherokee County effective 
June 11, 1992.
    (ii) Other material.
    (A) July 20, 1992 letter from the Department of Health and 
Environmental Control. Ten Year Maintenance Plan effective June 11, 
1992.
    (B) Emission Inventory Projections for Cherokee County effective 
June 11, 1992.
    (iii) Other material.
    (A) July 20, 1992 letter from the Department of Health and 
Environmental Control.
    (37) The VOC Recordkeeping regulations for ozone nonattainment 
areas, PSD NOX increment regulations, and regulations listing 
the definition of VOC submitted by South Carolina Department of Health 
and Environmental Control on July 23, 1992, as part of the South 
Carolina SIP.
    (i) Incorporation by reference.
    (A) South Carolina Regulation 61-62.5, Standard No. 5, section I, 
part F, covering VOC Recordkeeping, Reporting, and Monitoring; 
Regulation 61-62.5, Standard No. 7, section I, part C, paragraph 4; 
section I, part M; section I, part N; section I, part O; section I, part 
BB; section II, part A; section II, part D, paragraph 1, subparagraph e; 
section II, part D, paragraph 3, subparagraph a; section IV, part D, 
paragraph 1; section IV, part H, paragraph 4; covering PSD. These 
regulations were effective August 24, 1990, and submitted September 18, 
1990.
    (B) South Carolina Regulation 61-62.1, section I, paragraph 74, 
covering the definition of VOC; Regulation 61-62.5, Standard No. 5, 
section I, part F, paragraph 3, covering VOC Recordkeeping in ozone 
nonattainment areas; and Regulation 61-62.5, Standard No. 7, section I, 
part O and section IV, part H, paragraph 4 covering PSD. These 
regulations were effective June 26, 1992, and submitted July 23, 1992.
    (ii) Other material.

[[Page 760]]

    (A) July 23, 1992, letter from the South Carolina Department of 
Health and Environmental Control to Region IV EPA.
    (B) [Reserved]
    (38) The South Carolina Department of Health and Environmental 
Control has submitted revisions to the South Carolina Air Quality 
Implementation Plan on November 12, 1993. These revisions address the 
requirements of section 507 of title V of the Clean Air Act and 
establish the Small Business Stationary Source Technical and 
Environmental Program.
    (i) Incorporation by reference.
    (A) The submittal of the state of South Carolina's Small Business 
Assistance Program which was adopted on September 9, 1993.
    (ii) Additional material. None.
    (39) The PSD regulation revisions to the South Carolina State 
Implementation Plan which were submitted on March 3, 1995.
    (i) Incorporation by reference.
    (A) Regulations 61-62.5, Standard No. 7 Prevention of Significant 
Deterioration; I.C(4), I.N(1)(c), I.O(2)(b), I.O(3), II.A, II.D, 
III.D(10)(b), III.H(1), III.I(1) through III.I(2)ii, IV.D (1) & (2), and 
IV.H(4) effective on November 25, 1994.
    (ii) Other material. none
    (40) The minor source operating permit program for South Carolina, 
submitted by the Department of Health and Environmental Control on July 
12, 1995, and as part of the South Carolina SIP.
    (i) Incorporation by reference.
    (A) Regulation 61-62.1, Section I.3, 13, 19, 50, 72, and 73, Section 
II.F.2, Section II.F.2.e, Section II.G, and Section II.H of the South 
Carolina SIP which became effective on June 23, 1995.
    (ii) Other material. None.

[37 FR 10892, May 31, 1972. Redesignated and amended at 62 FR 35444, 
July 1, 1997]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2134, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.2140  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the 
State of South Carolina and for which requirements are set forth under 
the Federal CAIR NOX Annual Trading Program in subparts AA 
through II of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the South Carolina State 
Implementation Plan (SIP) as meeting the requirements of CAIR for 
PM2.5 relating to NOX under Sec. 51.123 of this 
chapter, except to the extent the Administrator's approval is partial or 
conditional or unless such approval is under Sec. 51.123(p) of this 
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX allowances to 
sources in the State for any years, the provisions of part 97 of this 
chapter authorizing the Administrator to complete the allocation of CAIR 
NOX allowances for those years shall continue to apply, 
unless the Administrator approves a SIP provision that provides for the 
allocation of the remaining CAIR NOX allowances for those 
years.
    (b)(1) The owner and operator of each NOX source located 
within the State of South Carolina and for which requirements are set 
forth under the Federal CAIR NOX Ozone Season Trading Program 
in subparts AAAA through IIII of part 97 of this chapter must comply 
with such applicable requirements. The obligation to comply with these 
requirements in part 97 of this chapter will be eliminated by the 
promulgation of an approval by the Administrator of a revision to the 
South Carolina State Implementation Plan (SIP) as meeting the 
requirements of CAIR for ozone relating to NOX under Sec. 
51.123 of this chapter, except to the extent the Administrator's 
approval is partial or conditional or unless such approval is under 
Sec. 51.123(ee) of this chapter.

[[Page 761]]

    (2) Notwithstanding any provisions of paragraph (b)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX Ozone Season 
allowances to sources in the State for any years, the provisions of part 
97 of this chapter authorizing the Administrator to complete the 
allocation of CAIR NOX Ozone Season allowances for those 
years shall continue to apply, unless the Administrator approves a SIP 
provision that provides for the allocation of the remaining CAIR 
NOX Ozone Season allowances for those years.

[72 FR 62354, Nov. 2, 2007]



Sec. 52.2141  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within 
the State of South Carolina and for which requirements are set forth 
under the Federal CAIR SO2 Trading Program in subparts AAA 
through III of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the South Carolina State 
Implementation Plan as meeting the requirements of CAIR for PM2.5 
relating to SO2 under Sec. 51.124 of this chapter, except to 
the extent the Administrator's approval is partial or conditional or 
unless such approval is under Sec. 51.124(r) of this chapter.

[72 FR 62354, Nov. 2, 2007]



                         Subpart QQ_South Dakota



Sec. 52.2170  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan for South Dakota under section 110 of the Clean Air 
Act, 42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air 
quality standards or other requirements under the Clean Air Act.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to November 
15, 2004 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 submitted by the state to EPA, and 
notice of any change in the material will be published in the Federal 
Register. Entries for paragraphs (c) and (d) of this section with EPA 
approval dates after November 15, 2004, will be incorporated by 
reference in the next update to the SIP compilation.
    (2) EPA Region 8 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated state 
rules/regulations which have been approved as part of the State 
Implementation Plan as of November 15, 2004.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, Region 8, 999 18th 
Street, Suite 300, Denver, Colorado, 80202-2466; Air and Radiation 
Docket and Information Center, U.S. Environmental Protection Agency, 
Room B-108 (Mail Code 6102T), 1301 Constitution Ave., NW., Washington, 
DC 20460; and the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
    (c) EPA approved regulations.
    (1) State of South Dakota Regulations

----------------------------------------------------------------------------------------------------------------
                                                 State effective   EPA approval date and
   State citation          Title/subject               date             citation \1\           Explanations
----------------------------------------------------------------------------------------------------------------
                                              74:36:01 Definitions
----------------------------------------------------------------------------------------------------------------
74:36:01:01........  Definitions                        6/13/2006  72 FR 57864; 10/11/
                      74:36:01:01(8)(e), (29),                      2007.
                      (30), (77).
74:36:01:05........  Applicable Requirements            6/13/2006  72 FR 57864; 10/11/
                      of the Clean Air Act                          2007.
                      Defined.

[[Page 762]]

 
74:36:01:20........  Physical change or change          6/13/2006  72 FR 57864; 10/11/
                      in the method of                              2007.
                      operation.
----------------------------------------------------------------------------------------------------------------
                                          74:36:02 Ambient Air Quality
----------------------------------------------------------------------------------------------------------------
74:36:02:02........  Ambient air quality                6/13/2006  72 FR 57864; 10/11/
                      standards.                                    2007.
74:36:02:03........  Methods of sampling and            6/13/2006  72 FR 57864; 10/11/
                      analysis.                                     2007.
74:36:02:04........  Air quality monitoring             6/13/2006  72 FR 57864; 10/11/
                      network.                                      2007.
74:36:02:05........  Ambient air monitoring             6/13/2006  72 FR 57864; 10/11/
                      requirements.                                 2007.
----------------------------------------------------------------------------------------------------------------
                                          74:36:03 Air Quality Episodes
----------------------------------------------------------------------------------------------------------------
74:36:03:01........  Air pollution emergency            6/13/2006  72 FR 57864; 10/11/
                      episode.                                      2007.
74:36:03:02........  Episode emergency                  6/13/2006  72 FR 57864; 10/11/
                      contingency plan.                             2007.
----------------------------------------------------------------------------------------------------------------
                                  74:36:04 Operating Permits for Minor Sources
----------------------------------------------------------------------------------------------------------------
74:36:04:04........  Standard for issuance of           6/13/2006  72 FR 57864; 10/11/
                      operating permit.                             2007.
----------------------------------------------------------------------------------------------------------------
                                   74:36:06 Regulated Air Pollutant Emissions
----------------------------------------------------------------------------------------------------------------
74:36:06:04........  Particulate emission                  1/2/05  8/14/06, 71 FR 46403.
                      restrictions for
                      incinerators and waste
                      wood burners.
74:36:06:06........  Stack performance test...             1/2/05  8/14/06, 71 FR 46403.
----------------------------------------------------------------------------------------------------------------
                                  74:36:07 New Source Performance Standards \2\
----------------------------------------------------------------------------------------------------------------
74:36:07:08........  Ash Disposal requirements           12/29/96  5/22/00, 65 FR 32033.
74:36:07:11........  Additional permit                     4/4/99  5/22/00, 65 FR 32033.
                      requirements for asphalt
                      plants (repealed).
74:36:07:29........  Operating requirements               4/22/93  9/6/95, 60 FR 46222..
                      for wire reclamation
                      furnaces.
74:36:07:30........  Monitoring requirements              4/22/93  9/6/95, 60 FR 46222..
                      for wire reclamation
                      furnaces.
----------------------------------------------------------------------------------------------------------------
                                74:36:09 Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
74:36:09:01........  Applicability............            9/18/06  72 FR 72617..........
74:36:09:01.01.....  Prevention of significant            9/18/06  72 FR 72617..........
                      deterioration permit
                      required.
74:36:09:02........  Prevention of significant            6/13/07  72 FR 72617..........
                      deterioration.
74:36:09:03........  Public participation.....            9/18/06  72 FR 72617..........
                                           74:36:10 New Source Review
----------------------------------------------------------------------------------------------------------------
74:36:10:02........  Definitions..............             1/2/05  8/14/06, 71 FR 46403.
74:36:10:03.01.....  New source review                     1/2/05  8/14/06, 71 FR 46403.
                      preconstruction permit
                      required.
74:36:10:05........  New source review                     1/2/05  8/14/06, 71 FR 46403.
                      preconstruction permit.
74:36:10:07........  Determining credit for                1/2/05  8/14/06, 71 FR 46403.
                      emission offsets.
74:36:10:08........  Projected actual                      1/2/05  8/14/06, 71 FR 46403.
                      emissions.
74:36:10:09........  Clean unit test for                   1/2/05  8/14/06, 71 FR 46403.
                      emission units subject
                      to lowest achievable
                      emission rate.
74:36:10:10........  Clean unit test for                   1/2/05  8/14/06, 71 FR 46403.
                      emission units
                      comparable to lowest
                      achievable emission rate.
----------------------------------------------------------------------------------------------------------------
                                          74:36:11 Performance Testing
----------------------------------------------------------------------------------------------------------------
74:36:11:01........  Stack performance testing          6/13/2006  72 FR 57864; 10/11/
                      or other testing methods.                     2007.
----------------------------------------------------------------------------------------------------------------

[[Page 763]]

 
                                      74:36:12 Control of Visible Emissions
----------------------------------------------------------------------------------------------------------------
74:36:12:01........  Restrictions on visible            6/13/2006  72 FR 57864; 10/11/
                      emissions.                                    2007.
74:36:12:03........  Exceptions granted to              6/13/2006  72 FR 57864; 10/11/
                      alfalfa pelletizers or                        2007.
                      dehydrators.
----------------------------------------------------------------------------------------------------------------
                                 74:36:13 Continuous Emission Monitoring Systems
----------------------------------------------------------------------------------------------------------------
74:36:13:02........  Minimum performance                6/13/2006  72 FR 57864; 10/11/
                      specifications for all                        2007.
                      continuous emission
                      monitoring systems.
74:36:13:03........  Reporting requirements...          6/13/2006  72 FR 57864; 10/11/
                                                                    2007.
74:36:13:04........  Notice to department of            6/13/2006  72 FR 57864; 10/11/
                      exceedance.                                   2007.
74:36:13:06........  Compliance certification.          6/13/2006  72 FR 57864; 10/11/
                                                                    2007.
74:36:13:07........  Credible evidence........          6/13/2006  72 FR 57864; 10/11/
                                                                    2007.
74:36:13:08........  Compliance Assurance               6/13/2006  72 FR 57864; 10/11/
                      Monitoring.                                   2007.
74:36:13:07........  Credible evidence........             1/2/05  8/14/06, 71 FR 46403.
----------------------------------------------------------------------------------------------------------------
                                 74:36:17 Rapid City Street Sanding and Deicing
----------------------------------------------------------------------------------------------------------------
74:36:17:01........  Applicability............            2/11/96  6/10/02, 67 FR 39619.
74:36:17:02........  Reasonable available                 2/11/96  6/10/02, 67 FR 39619.
                      control technology.
74:36:17:03........  Street sanding                       2/11/96  6/10/02, 67 FR 39619.
                      specifications.
74:36:17:04........  Street deicing and                   2/11/96  6/10/02, 67 FR 39619.
                      maintenance plan.
74:36:17:05........  Street sanding and                   2/11/96  6/10/02, 67 FR 39619.
                      sweeping recordkeeping.
74:36:17:06........  Inspection authority.....            2/11/96  6/10/02, 67 FR 39619.
----------------------------------------------------------------------------------------------------------------
                        74:36:18 Regulations for State Facilities in the Rapid City Area
----------------------------------------------------------------------------------------------------------------
74:36:18:01........  Definitions..............             7/1/02  1/20/04, 69 FR 2671..
74:36:18:02........  Applicability............             7/1/02  1/20/04, 69 FR 2671..
74:36:18:03........  Permit required..........             7/1/02  1/20/04, 69 FR 2671..
74:36:18:04........  Time period for permits               7/1/02  1/20/04, 69 FR 2671..
                      and renewals.
74:36:18:05........  Required contents of a                7/1/02  1/20/04, 69 FR 2671..
                      complete application for
                      a permit.
74:36:18:06........  Contents of permit.......             7/1/02  1/20/04, 69 FR 2671..
74:36:18:07........  Permit expiration........             7/1/02  1/20/04, 69 FR 2671..
74:36:18:08........  Renewal of permit........             7/1/02  1/20/04, 69 FR 2671..
74:36:18:09........  Reasonably available                  7/1/02  1/20/04, 69 FR 2671..
                      control technology
                      required.
74:36:18:10........  Visible emission limit                7/1/02  1/20/04, 69 FR 2671..
                      for construction and
                      continuous operation
                      activities.
74:36:18:11........  Exception to visible                  7/1/02  1/20/04, 69 FR 2671..
                      emission limit.
74:36:18:12........  Notice of operating                   7/1/02  1/20/04, 69 FR 2671 .
                      noncompliance--Contents.
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult
  the Federal Register cited in this column for that particular provision.
\2\ The listed provisions are the only provisions of 74:36:07 included in the SIP.


[[Page 764]]

    (2) Pennington County Ordinance.

[[Page 765]]



----------------------------------------------------------------------------------------------------------------
                                                                      EPA approval date and
  Ordinance citation          Title/subject         Adoption date          citation \3\           Explanations
----------------------------------------------------------------------------------------------------------------
                      Ordinance #12--Fugitive Dust Regulation--1.0 Control of Fugitive Dust
----------------------------------------------------------------------------------------------------------------
1.1..................  Applicability.............        12/12/78  7/30/79, 44 FR 44494.
1.2..................  Definitions...............        12/12/78  7/30/79, 44 FR 44494.
1.3..................  Standard of Compliance....        12/12/78  7/30/79, 44 FR 44494.
1.4..................  Reasonably available              12/12/78  7/30/79, 44 FR 44494.
                        control technology
                        required.
1.5..................  Fugitive dust control             12/12/78  7/30/79, 44 FR 44494.
                        permits required for
                        construction activities,
                        i.e., temporary
                        operations.
1.6..................  Compliance plans and              12/12/78  7/30/79, 44 FR 44494.
                        schedules required, i.e.,
                        continuous operations.
1.7..................  Enforcement procedures....        12/12/78  7/30/79, 44 FR 44494.
1.8..................  Establishment of                  12/12/78  7/30/79, 44 FR 44494.
                        administrative mechanisms.
1.9..................  Separability..............        12/12/78  7/30/79, 44 FR 44494.
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult
  the Federal Register cited in this column for that particular provision.

    (d) EPA-approved source-specific requirements.

----------------------------------------------------------------------------------------------------------------
                                                             State       EPA approval date and
        Name of source           Nature of requirement  effective date       citation \4\         Explanations
----------------------------------------------------------------------------------------------------------------
South Dakota State University   Variance No. AQ 79-02.         3/18/82  7/7/83, 48 FR 31199...  Variance expired
 steam generating Plant.                                                                             on 3/18/85.
----------------------------------------------------------------------------------------------------------------
\4\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult
  the Federal Register cited in this column for that particular provision.

    (e) EPA-approved nonregulatory provisions.

----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory SIP     geographic or non-    State submittal    EPA approval date      Explanations
           provision               attainment area    date/adopted date    and citation \5\
----------------------------------------------------------------------------------------------------------------
I. South Dakota's Air Pollution  Statewide.........  Submitted: 1/27/72  5/31/72, 37 FR
 Control Implementation Plan.                         and 5/2/72          10842 with
 Contains the following                               Adopted: 1/17/72.   correction and
 sections:                                                                clarification on 7/
 A. Introduction                                                          27/72, 37 FR
 B. Legal Authority                                                       15080.
 C. Control Strategy
 D. Compliance Schedule
    E. Prevention of Air
     Pollution Emergency
     Episodes
    F. Air Quality Surveillance
    G. Review of New Sources
     and Modifications
    H. Source Surveillance
    I. Resources
    J. Intergovernmental
     Cooperation
II. Part D Plan for Total        Rapid City........  Submitted: 12/27/   7/30/79 44 FR
 Suspended Particulate.                               78 Adopted: 12/78.  44494.
III. SIP to meet Air Quality     Statewide.........  Submitted: 1/21/80  9/4/80, 45 FR
 Monitoring 40 CFR part 58,                                               58528.
 subpart c, paragraph 58.20 and
 public notification required
 under section 127 of the Clean
 Air Act.
IV. Lead SIP...................  Statewide.........  Submitted: 5/4/84.  9/26/84, 49 FR
                                                                          37752.

[[Page 766]]

 
V. Stack Height Demonstration    Statewide.........  Submitted: 8/20/96  6/7/89, 54 FR
 Analysis.                                            and 12/3/86.        24334.
VI. Commitment to revise stack   Statewide.........  Submitted: 5/11/88  9/2/88, 53 FR
 height rules in response to                                              34077.
 NRDC v. Thomas, 838 F.2d 1224
 (DC Cir. 1988).
VII. PM10 Committal SIP........  Statewide.........  Submitted: 7/12/88  10/5/90, 55 FR
                                                                          4083.1
VIII. Small Business Assistance  Statewide.........  Submitted: 11/10/   10/25/94, 59 FR
 Program.                                             92 and 4/1/94.      53589.
IX. Commitment regarding permit  Rapid City........  Submitted: 7/19/95  6/10/02, 67 FR
 exceedences of the PM10                                                  39619.
 standard in Rapid City.
X. Interstate Transport. South   Statewide.........  Submitted: 5/15/07  5/8/08, 73 FR
 Dakota Interstate Transport                         Adopted: 4/19/07..   26019.
 Report satisfying the
 requirement of Section
 110(a)(2)(D)(i) of the CAA for
 the 1997 8-hour ozone and PM
 2.5 standards.
----------------------------------------------------------------------------------------------------------------
\5\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult
  the Federal Register cited in this column for that particular provision.


[70 FR 11128, Mar. 8, 2005, as amended at 71 FR 46407, Aug. 14, 2006; 72 
FR 57868, Oct. 11, 2007; 72 FR 72621, Dec. 21, 2007; 73 FR 26024, May 8, 
2008]



Sec. 52.2171  Classification of regions.

    The South Dakota plan evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Sioux City Interstate...................         III        III       III       III           III
Metropolitan Sioux Falls Interstate..................          II        III       III       III           III
Black Hills--Rapid City Intrastate...................         III        III       III       III           III
South Dakota Intrastate..............................         III        III       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10893, May 31, 1972]



Sec. 52.2172  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves South Dakota's plan as meeting the requirements of section 110 
of the Clean Air Act, as amended in 1977. Furthermore, the Administrator 
finds that the plan satisfies all requirements of Part D of the Clean 
Air Act, as amended in 1977.

[46 FR 54542, Nov. 3, 1981]



Sec. 52.2173  Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met 
since the South Dakota Compiled Law 34-16A-21 provides that data which 
relates to processes or production unique to the owner or which tend to 
adversely affect a competitive position of the owner shall be held 
confidential.
    (b) Delegation of authority: Pursuant to section 114 of the Act, 
South Dakota requested a delegation of authority to enable it to 
collect, correlate and release emission data to the public. The 
Administrator has determined that South Dakota is qualified to receive a 
delegation of the authority it requested. Accordingly, the Administrator 
delegates to South Dakota his authority under sections 114(a) (1) and 
(2) and section 114(c) of the Act, i.e.,

[[Page 767]]

authority to collect, correlate, and release emission data to the 
public.

[37 FR 15089, July 27, 1972, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. Sec. 52.2174-52.2177  [Reserved]



Sec. 52.2178  Significant deterioration of air quality.

    (a) The South Dakota plan, as submitted, is approved as meeting the 
requirements of part C, subpart 1 of the CAA, except that it does not 
apply to sources proposing to construct on Indian reservations;
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are 
hereby incorporated and made a part of the South Dakota State 
implementation plan and are applicable to proposed major stationary 
sources or major modifications to be located on Indian reservations.

[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 59 
FR 47261, Sept. 15, 1994; 68 FR 11324, Mar. 10, 2003; 68 FR 74490, Dec. 
24, 2003; 72 FR 72621, Dec. 21, 2007]



Sec. 52.2179  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met, because the plan does not include approvable procedures for 
protection of visibility in mandatory Class I Federal areas.
    (b) Regulation for visibility monitoring and new source review. The 
provisions of Sec. Sec. 52.26 and 52.28 are hereby incorporated and 
made a part of the applicable plan for the State of South Dakota.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of South 
Dakota.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.2180  Stack height regulations.

    The State of South Dakota has committed to revise its stack height 
regulations should EPA complete rulemaking to respond to the decision in 
NRDC v. Thomas, 838 F.2d 1224 (DC Cir. 1988). In a letter to Douglas M. 
Skie, EPA, dated May 11, 1988, Joel C. Smith, Administrator, Office of 
Air Quality and Solid Waste, stated:

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

[53 FR 34079, Sept. 2, 1988]



Sec. 52.2181  [Reserved]



Sec. 52.2182  PM[bdi1][bdi0] Committal SIP.

    On July 12 1988, the State submitted a Committal SIP for the Rapid 
City Group II PM10 area, as required by the PM10 
implementation policy. The SIP commits the State to continue to monitor 
for PM10 and to submit a full SIP if a violation of the 
PM10 National Ambient Air Quality Standards is detected. It 
also commits the State to make several revisions related to 
PM10 to the existing SIP.

[55 FR 40834, Oct. 5, 1990]



Sec. 52.2183  Variance provision.

    The revisions to the variance provisions in Chapter 74:26:01:31.01 
of the South Dakota Air Pollution Control Program, which were submitted 
by the Governor's designee on September 25, 1991, are disapproved 
because they are inconsistent with section 110(i) of the Clean Air Act, 
which prohibits any state or EPA from granting a variance from any 
requirement of an applicable implementation plan with respect to a 
stationary source.

[58 FR 37426, July 12, 1993]



Sec. 52.2184  Operating permits for minor sources.

    Emission limitations and related provisions established in South 
Dakota minor source operating permits, which are issued in accordance 
with ARSD 74:36:04 and which are submitted to EPA in a timely manner in 
both proposed and final form, shall be enforceable by EPA. EPA reserves 
the right to deem permit conditions not federally enforceable. Such a 
determination will

[[Page 768]]

be made according to appropriate procedures and will be based upon the 
permit, permit approval procedures, or permit requirements which do not 
conform with the operating permit program requirements of EPA's 
underlying regulations.

[60 FR 46228, Sept. 6, 1995]



Sec. 52.2185  Change to approved plan.

    South Dakota Air Pollution Control Program Chapter 74:36:07, New 
Source Performance Standards, is removed from the approved plan, except 
for sections 74:36:07:08, 74:36:07:11 and 74:36:07:29-30. On April 2, 
2002, we issued a letter delegating responsibility for all sources 
located, or to be located, in the State of South Dakota subject to the 
specified NSPS in 40 CFR part 60. See the table in 40 CFR 60.4 for the 
delegation status of NSPS to the State of South Dakota.

[67 FR 57521, Sept. 11, 2002]



Sec. 52.2186  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of South Dakota'' and all revisions submitted by South 
Dakota that were federally approved prior to November 15, 2004.
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Request for delegation of authority submitted January 27, 1972, 
by the Governor.
    (2) Clarification of control regulations (section 1.8.4) submitted 
April 27, 1972, by the State Department of Health.
    (3) Clarification of control regulations (section 1.8.4) submitted 
May 2, 1972, by the Governor.
    (4) On December 4, 1975, the Governor of South Dakota submitted 
revisions and additions to the air pollution control regulations 
(Article 34:10 of the Administrative Rules of South Dakota). The 
submittal updated rules and regulations; review procedures for newand 
modified direct sources; variance and enforcement procedure revisions; 
episode procedure changes; and the addition of new source performance 
standards similar to those of EPA.
    (5) Provisions to meet the requirements of Part D of the Clean Air 
Act, as amended in 1977 were submitted on January 3, 1979.
    (6) A new control strategy for Brookings, South Dakota was submitted 
on April 16, 1979.
    (7) On January 21, 1980, the Governor submitted a plan revision to 
meet the requirements of Air Quality Monitoring 40 CFR part 58, subpart 
C, Sec. 58.20, and Public Notification required under section 127 of 
the Clean Air Act.
    (8) Provisions to meet the requirements of Part D of the Clean Air 
Act, as amended in 1977, were submitted on October 16, 1980.
    (9) On September 13, 1982, the Governor submitted a plan revision 
for a new control strategy for Brookings, South Dakota and an amendment 
to the opacity regulation for alfalfa pelletizers.
    (10) On May 4, 1984, the Governor submitted a plan revision for lead 
and repealed the hydrocarbon standard.
    (11) On January 28, 1988, the Governor submitted a plan revision (1) 
updating citations to Federal regulations in the South Dakota air 
pollution control regulations (Administrative Rules of South Dakota 
74:26), (2) adopting new ambient air quality standards for particulates 
(PM10), (3) revising the State administrative procedures for 
handling permit hearings and contested cases, and (4) correcting 
deficiencies in the stack height regulations.
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of South Dakota (ARSD) 
74:26:01:12, ARSD 74:26:01:35, ARSD 74:26:01:37, ARSD 74:26:01:64, ARSD 
74:26:08 through ARSD 74:26:23, inclusive, and addition of a new 
section, ARSD 74:26:02:35, were revised through November 24, 1987.
    (12) In a letter dated August 7, 1986, the Governor submitted 
revisions to the South Dakota SIP adopting federal stack height 
regulations (Administrative Rules of South Dakota 74:26). In a letter 
dated August 20, 1986, the Administrator, Office of Air Quality and 
Solid Waste of South Dakota, submitted the stack height demonstration 
analysis

[[Page 769]]

with supplemental information submitted on December 3, 1986.
    (i) Incorporation by reference. (A) Revisions to the Administrative 
Rules of South Dakota 74:26 effective on May 21, 1986. The changes 
consisted of incorporating definitions for good engineering practices 
and dispersion techniques into 74:26:01:12, standard for the issuance of 
construction permit.
    (B) Stack height demonstration analysis submitted by the State with 
letters dated August 20, 1986 and December 3, 1986.
    (13) On September 25, 1992 and February 24, 1992, the Governor of 
South Dakota submitted revisions to the plan for new source performance 
standards and asbestos.
    (i) Incorporation by reference.
    (A) Revisions to the Air Pollution Control Program, Sections 
74:26:08-74:26:21 and 74:26:23-74:26:25, New Source Performance 
Standards, effective May 13, 1991, Section 74:26:26, Standards of 
Performance for Municipal Waste Combustors, effective November 24, 1991, 
and Section 74:26:22, Emission Standards for Asbestos Air Pollutants, 
effective December 2, 1991.
    (14) On September 25, 1991, the designee of the Governor of South 
Dakota submitted revisions to the plan for new source review, operating 
permits, and the PM-10 Group II requirements.
    (i) Incorporation by reference
    (A) Revisions to the Air Pollution Control Program, Sections 
74:26:01-74:26:08, effective May 13, 1991.
    (ii) Additional material
    (A) Letter dated April 14, 1992, from the South Dakota Department of 
Environment and Natural Resources to EPA.
    (15) On November 10, 1992, the Governor of South Dakota's designee 
submitted a plan for the establishment and implementation of a Small 
Business Assistance Program to be incorporated into the South Dakota 
State Implementation Plan as required by section 507 of the Clean Air 
Act. An amendment to the plan was submitted by the Governor's designee 
on April 1, 1994.
    (i) Incorporation by reference.
    (A) November 10, 1992 letter from the Governor of South Dakota's 
designee submitting a Small Business Assistance Program plan to EPA.
    (B) April 1, 1994 letter from the Governor of South Dakota's 
designee submitting an amendment to the South Dakota Small Business 
Assistance Program plan to EPA.
    (C) The State of South Dakota amended plan for the establishment and 
implementation of a Small Business Assistance Program, adopted January 
12, 1994 by the South Dakota Department of Environment and Natural 
Resources.
    (D) South Dakota Codified Laws 34A-1-57, effective July 1, 1992 and 
34A-1-58 through 60, effective July 1, 1993, which gives the State of 
South Dakota the authority to establish and fund the South Dakota Small 
Business Assistance Program.
    (16) On November 12, 1993 and March 7, 1995, the designee of the 
Governor of South Dakota submitted revisions to the plan, which included 
revised regulations for definitions, minor source construction and 
federally enforceable state operating permit (FESOP) rules, source 
category emission limitations, sulfur dioxide rule corrections, new 
source performance standards (NSPS), new source review (NSR) 
requirements for new and modified major sources impacting nonattainment 
areas, and enhanced monitoring and compliance certification 
requirements. The State also requested that the existing State 
regulations approved in the South Dakota SIP be replaced with the 
following chapters of the recently recodified Administrative Rules of 
South Dakota (ARSD): 74:36:01-74:36:04, 74:36:06; 74:36:07, 74:36:10-
74:36:13, and 74:36:15, as in effect on January 5, 1995.
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of South Dakota, Air 
Pollution Control Program, Chapters 74:36:01 (except 74:36:01:01(2) and 
(3)); 74:36:02-74:36:04, 74:36:06; 74:36:07, 74:36:10-74:36:13, and 
74:36:15, effective April 22, 1993 and January 5, 1995.
    (17) On May 2, 1997, the designee of the Governor of South Dakota 
submitted revisions to the plan. The revisions pertain to revised 
regulations for definitions, minor source operating

[[Page 770]]

permits, open burning, and performance testing. The State's SIP 
submittal requested that EPA replace the previous version of the ARSD 
approved into the SIP with the following chapters of the ARSD as in 
effect on December 29, 1996: 74:36:01 through 74:36:03, 74:36:04 (with 
the exception of section 74:36:04:03.01), 74:36:06, 74:36:07, 74:36:10-
13, and 74:36:17. EPA is replacing all of the previously approved State 
regulations, except the NSPS rules in ARSD 74:36:07, with those 
regulations listed in paragraph (c)(17)(i)(A). ARSD 74:36:07, as in 
effect on January 5, 1995 and as approved by EPA at 40 CFR 
52.2170(c)(16)(i)(A), will remain part of the SIP. [Note that EPA is not 
incorporating the revised ARSD 74:36:07, new ARSD 74:36:11:04, or new 
ARSD 74:36:17 in this action, as these chapters will be acted on 
separately by EPA.]
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of South Dakota, Air 
Pollution Control Program, Chapters 74:36:01-03; 74:36:04 (except 
section 74:36:04:03.1); 74:36:06; 74:36:10, 74:36:11 (with the exception 
of ARSD 74:36:11:04), 74:36:12, and 74:36:13, effective December 29, 
1996.
    (18) On May 2, 1997 and on May 6, 1999, the designee of the Governor 
of South Dakota submitted revisions to the new source performance 
standards in subchapter 74:36:07 of the Administrative Rules of South 
Dakota (ARSD).
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of South Dakota, Air 
Pollution Control Program, Chapter 74:36:07--New Source Performance 
Standards, subsections 74:36:07:01 through 74:36:07:10, 74:36:07:12 
through 74:36:07:28, 74:36:07:31 through 74:36:07:33, and 74:36:07:43, 
effective December 29, 1996.
    (B) Revisions to the Administrative Rules of South Dakota, Air 
Pollution Control Program, Chapter 74:36:07--New Source Performance 
Standards, subsections 74:36:07:06.02, 74:36:07:07.01, 74:36:07:11, and 
74:36:07:43, effective April 4, 1999.
    (19) On May 2, 1997 and on May 6, 1999, the designee of the Governor 
of South Dakota submitted provisions in Section 74:36:11:04 of the 
Administrative Rules of South Dakota. The provisions allow permitted 
sources to request permission to test a new fuel or raw material, to 
determine if it is compatible with existing equipment and to determine 
air emission rates, before requesting a permit amendment or modification 
if certain conditions are met.
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of South Dakota, Air 
Pollution Control Program, Chapter 74:36:11, Performance Testing, 
section 74:36:11:04, effective April 4, 1999.
    (20) On January 22, 1996, the designee of the Governor of South 
Dakota submitted provisions in Section 74:36:17 of the Administrative 
rules of South Dakota. The provisions consist of street sanding 
requirements that apply within the city limits of Rapid City, South 
Dakota.
    (i) Incorporation by reference.
    (A) Administrative Rules of South Dakota, Air Pollution Control 
Program, Chapter 74:36:17.
    (ii) Additional materials.
    (A) Letter of March 25, 1994 from South Dakota Department of 
Environment and Natural Resources discussing whether EPA should 
designate Rapid City as nonattainment for the PM-10 standard.
    (B) Letter of July 19, 1995 from EPA Region VIII discussing with the 
South Dakota Department of Environment and Natural Resources the 
exceedances of the PM-10 standard measured in the Rapid City.
    (C) Letter of November 16, 1995 from the South Dakota Department of 
Environment and Natural Resources describing the commitment the State of 
South Dakota has toward permit exceedances of the PM-10 standard in the 
future.
    (D) Letter of January 22, 1996 from the South Dakota Department of 
Environment and Natural Resources transmitting Rapid City street sanding 
requirements.
    (21) On May 6, 1999 and June 30, 2000, South Dakota submitted 
revisions to its Air Pollution Control Program Rules. The sections of 
the rule being approved replace the same numbered sections that have 
previously been approved into the SIP. The provisions of section 
74:36:07, except 74:36:07:29 and 74:36:07:30, which have previously been 
incorporated by reference in paragraphs (c)(16)(i)(A) and (c)(18)(i) of 
this

[[Page 771]]

section, are being removed from the South Dakota SIP.
    (i) Incorporation by reference.
    (A) Sections 74:36:01:01(1) through (79), effective 4/4/1999; 
74:36:01:03, effective 4/4/1999; 74:36:01:05, effective 4/4/1999; 
74:36:01:07, effective 4/4/1999; 74:36:01:08, effective 4/4/1999; 
74:36:01:10, effective 4/4/1999; 74:36:01:17, effective 4/4/1999; 
74:36:01:20, effective 4/4/1999; 74:36:02:02, effective 6/27/2000; 
74:36:02:03, effective 6/27/2000; 74:36:02:04, effective 6/27/2000; 
74:36:02:05, effective 6/27/2000; 74:36:04:03, effective 4/4/1999; 
74:36:04:09, effective 4/4/1999; 74:36:04:11, effective 4/4/1999; 
74:36:04:12, effective 4/4/1999; 74:36:04:12.01, effective 4/4/1999; 
74:36:04:13, effective 4/4/1999; 74:36:01:14, effective 4/4/1999; 
74:36:04:18, effective 4/4/1999; 74:36:04:19, effective 4/4/1999; 
74:36:04:20, effective 4/4/1999; 74:36:04:20.01, effective 4/4/1999; 
74:36:04:20.04, effective 4/4/1999; 74:36:04:22, effective 4/4/1999; 
74:36:06:02, effective 4/4/1999; 74:36:06:03, effective 4/4/1999; 
74:36:06:07, effective 4/4/1999; 74:36:11:01, effective 6/27/2000; 
74:36:12:01, effective 6/27/2000; 74:36:13:02, effective 6/27/2000; 
74:36:13:03, effective 6/27/2000; 74:36:13:04, effective 6/27/2000; and 
74:36:13:07, effective 6/27/2000.
    (22) On June 27, 2002, the designee of the Governor of South Dakota 
submitted revisions to the State Implementation Plan. The June 27, 2002 
submittal consists of revisions to the Administrative Rules of South 
Dakota. These revisions add a new chapter 74:36:18, ``Regulations for 
State Facilities in the Rapid City Area''. Chapter 74:36:18 regulates 
fugitive emissions of particulate matter from state facilities and state 
contractors that conduct a construction activity or continuous operation 
activity within the Rapid City air quality control zone.
    (i) Incorporation by reference.
    (A) Chapter 74:36:18 of the Administrative Rules of South Dakota, 
effective July 1, 2002.
    (23) On September 12, 2003, the designee of the Governor of South 
Dakota submitted revisions to the State Implementation Plan. The 
September 12, 2003 submittal revises the following chapters of the 
Administrative Rules of South Dakota: 74:36:01, 74:36:04, 74:36:10 and 
74:36:11.
    (i) Incorporation by reference.
    (A) Administrative Rules of South Dakota, Chapter 74:36:01, sections 
74:36:01:01(77), 74:36:01:01(80), and 74:36:01:01(81); Chapter 74:36:04, 
sections 74:36:04:06, 74:36:04:32 and 74:36:04:33; Chapter 74:36:10, 
except section 74:36:10:01; and Chapter 74:36:11, section 74:36:11:01, 
effective September 1, 2003.

[37 FR 15089, July 27, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2186, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



                          Subpart RR_Tennessee



Sec. 52.2219  [Reserved]



Sec. 52.2220  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for Tennessee under section 110 of the Clean Air 
Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air 
quality standards.
    (b) Incorporation by reference. (1) Material listed in paragraph (c) 
of this section with an EPA approval date prior to January 1, 2006, for 
Tennessee (Table 1 of the Tennessee State Implementation Plan), January 
1, 2003 for Memphis Shelby County (Table 2 of the Tennessee State 
Implementation Plan), March 1, 2005, for Knox County (Table 3 of the 
Tennessee State Implementation Plan), April 1, 2005 for Chattanooga 
(Table 4 of the Tennessee State Implementation Plan), April 1, 2005, for 
Nashville-Davidson County (Table 5 of the Tennessee State Implementation 
Plan) and paragraph (d) with an EPA approval date prior to December 1, 
1998, was approved for incorporation by reference by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Material is incorporated as it exists on the date of the approval, and 
notice of any change in the material will be published in the Federal 
Register. Entries in paragraphs (c) of this section with EPA approval 
dates after January 1, 2006, for Tennessee (Table 1 of the Tennessee 
State Implementation Plan), January 1, 2003 for Memphis Shelby County 
(Table 2 of the Tennessee State Implementation Plan), March 1, 2005, for 
Knox County (Table 3

[[Page 772]]

of the Tennessee State Implementation Plan), April 1, 2005 for 
Chattanooga (Table 4 of the Tennessee State Implementation Plan), April 
1, 2005, for Nashville-Davidson County (Table 5 of the Tennessee State 
Implementation Plan) and paragraph (d) with an EPA approval date after 
December 1, 1998, will be incorporated by reference in the next update 
to the SIP compilation.
    (2) EPA Region 4 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
implementation plan as of the dates referenced in paragraph (b)(1).
    (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 EPA, Air and Radiation Docket and Information Center, Air 
Docket, 1301 Constitution Avenue, NW., Room B102, Washington, DC 20460; 
or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
    (c) EPA approved regulations.

                                   Table 1--EPA Approved Tennessee Regulations
----------------------------------------------------------------------------------------------------------------
                                                              State
         State citation                Title/subject        effective    EPA approval date       Explanation
                                                               date
----------------------------------------------------------------------------------------------------------------
                                       CHAPTER 1200-3-1 GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-1-.01............  General Rules..........     02/09/77  03/29/85, 50 FR
                                                                         12540
Section 1200-3-1-.02............  Severability...........     10/12/79  06/24/82, 47 FR
                                                                         27267
----------------------------------------------------------------------------------------------------------------
                                          CHAPTER 1200-3-2 DEFINITIONS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-2-.01............  General Definitions....     06/26/93  09/16/02, 67 FR
                                                                         46594
Section 1200-3-2-.02............  Abbreviations..........     02/09/77  03/29/85, 50 FR
                                                                         12540
----------------------------------------------------------------------------------------------------------------
                                     CHAPTER 1200-3-3 AIR QUALITY STANDARDS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-3-.01............  Primary Air Quality         02/09/77  03/29/85, 50 FR
                                   Standards.                            12539
Section 1200-3-3-.02............  Secondary Air Quality       02/09/77  03/29/85, 50 FR
                                   Standards.                            12539
Section 1200-3-3-.03............  Tennessee's Ambient Air     12/05/84  03/29/85, 50 FR
                                   Quality Standards.                    12539
Section 1200-3-3-.04............  Nondegradation.........     02/09/77  03/29/85, 50 FR
                                                                         12540
Section 1200-3-3-.05............  Achievement............     08/02/83  04/07/93, 58 FR
                                                                         18011
----------------------------------------------------------------------------------------------------------------
                                          CHAPTER 1200-3-4 OPEN BURNING
----------------------------------------------------------------------------------------------------------------
Section 1200-3-4-.01............  Purpose................     02/09/77  03/29/85, 50 FR
                                                                         12540
Section 1200-3-4-.02............  Open Burning Prohibited     03/21/79  06/24/82, 47 FR
                                                                         27268
Section 1200-3-4-.03............  Exceptions to               02/09/77  03/29/85, 50 FR
                                   Prohibition.                          12540
Section 1200-3-4-.04............  Permits for Open            06/21/79  06/24/82, 47 FR
                                   Burning.                              27268
----------------------------------------------------------------------------------------------------------------
                                  CHAPTER 1200-3-5 VISIBLE EMISSION REGULATIONS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-5-.01............  General Standards......     06/07/92  08/15/97, 62 FR
                                                                         43643
Section 1200-3-5-.02............  Exceptions.............     06/07/92  08/15/97, 62 FR
                                                                         43643
Section 1200-3-5-.03............  Method of Evaluating        06/07/92  08/15/97, 62 FR
                                   and Recording.                        43643
Section 1200-3-5-.04............  Exemption..............     06/07/92  08/15/97, 62 FR
                                                                         43643

[[Page 773]]

 
Section 1200-3-5-.05............  Standard for Certain        06/07/92  08/15/97, 62 FR
                                   Existing Sources.                     43643
Section 1200-3-5-.06............  Wood-Fired Fuel Burning     06/07/92  08/15/97, 62 FR
                                   Equipment.                            43643
Section 1200-3-5-.07............  Repealed...............     06/07/92  08/15/97, 62 FR
                                                                         43643
Section 1200-3-5-.08............  Titanium Dioxide (TiO2)     06/07/92  08/15/97, 62 FR
                                   Manufacturing.                        43643
Section 1200-3-5-.09............  Kraft Mill and Soda         04/06/98  09/16/02, 67 FR
                                   Mill Recovery.                        46594
Section 1200-3-5-.10............  Choice of Visible           06/07/92  08/15/97, 62 FR
                                   Emission Standard for                 43643
                                   Certain Fuel Burning
                                   Equipment.
Section 1200-3-5-.11............  Repealed...............     04/06/98  09/16/02, 62 FR
                                                                         46594
Section 1200-3-5-.12............  Coke Battery Underfire      06/07/92  08/15/97, 62 FR
                                   (combustion) Stacks.                  43643
----------------------------------------------------------------------------------------------------------------
                                 CHAPTER 1200-3-6 NON-PROCESS EMISSION STANDARDS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-6-.01............  General Non-Process         06/21/79  06/24/82, 47 FR
                                   Emissions.                            27267
Section 1200-3-6-.02............  Non-Process Particulate     09/08/80  06/24/82, 47 FR
                                   Emission Standards.                   27267
Section 1200-3-6-.03............  General Non-Process         06/21/79  06/24/82, 47 FR
                                   Gaseous Emissions.                    27267
Section 1200-3-6-.04............  (Deleted)..............     06/21/79  06/24/82, 47 FR
                                                                         27267
Section 1200-3-6-.05............  Wood-Fired Fuel Burning     05/30/87  11/23/88, 53 FR
                                   Equipment.                            47530
----------------------------------------------------------------------------------------------------------------
                                   CHAPTER 1200-3-7 PROCESS EMISSION STANDARDS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-7-.01............  General Process             03/02/79  06/24/82, 47 FR
                                   Particulate Emission                  27267
                                   Standards.
Section 1200-3-7-.02............  Choice of Particulate       04/12/78  06/07/79, 44 FR
                                   Emission Standards--                  32681
                                   Existing Process.
Section 1200-3-7-.03............  New Processes..........     06/21/79  06/24/82, 47 FR
                                                                         27267
Section 1200-3-7-.04............  Limiting Allowable          03/21/79  06/07/79, 44 FR
                                   Emissions.                            32681
Section 1200-3-7-.05............  Specific Process            06/07/74  06/07/79, 44 FR
                                   Emission Standards.                   32681
Section 1200-3-7-.06............  Standards of                06/07/74  06/07/79, 44 FR
                                   Performance for New                   32681
                                   Stationary Sources.
Section 1200-3-7-.07............  General Provisions and      01/22/82  06/12/96, 61 FR
                                   Applicability for                     29666
                                   Process Gaseous
                                   Emission Standards.
Section 1200-3-7-.08............  Specific Process            09/22/80  01/31/96, 61 FR
                                   Emission Standards.                   3318
Section 1200-3-7-.09............  Sulfuric Acid Mist.....     02/09/77  03/29/85, 50 FR
                                                                         12540
Section 1200-3-7-.10............  Grain Loading Limit for     03/21/79  06/24/82, 47 FR
                                   Certain Existing                      27267
                                   Sources.
Section 1200-3-7-.11............  Carbon Monoxide,            10/25/79  06/24/82, 47 FR
                                   Electric Arc Furnaces.                27267
Section 1200-3-7-.12............  Carbon Monoxide,            01/22/82  06/21/82, 47 FR
                                   Catalytic Cracking                    26621
                                   Units.
----------------------------------------------------------------------------------------------------------------
                                         CHAPTER 1200-3-8 FUGITIVE DUST
----------------------------------------------------------------------------------------------------------------
Section 1200-3-8-.01............  Fugitive Dust..........     07/11/80  06/24/82, 47 FR
                                                                         27267
Section 1200-3-8-.02............  Special Nonattainment       03/21/79  06/24/82, 47 FR
                                   Area Fugitive Dust                    27267
                                   Requirements.
----------------------------------------------------------------------------------------------------------------
                               CHAPTER 1200-3-9 CONSTRUCTION AND OPERATING PERMITS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-9-.01............  Construction Permits...     02/14/06  09/14/07, 72 FR      ...................
                                                                         52474
Section 1200-3-9-.02............  Operating Permits......     09/21/94  02/13/97, 62 FR
                                                                         6724
Section 1200-3-9-.03............  General Provisions.....     02/09/77  03/29/85, 50 FR
                                                                         12540

[[Page 774]]

 
Section 1200-3-9-.04............  Exemptions.............     08/28/95  08/29/02, 67 FR
                                                                         55320
Section 1200-3-9-.05............  Reserved...............
Section 1200-3-9-.06............  Appeal of Permit            11/16/79  06/24/82
                                   Application Denials                  47 FR 27269
                                   and Permit Conditions.
----------------------------------------------------------------------------------------------------------------
                          CHAPTER 1200-3-10 REQUIRED SAMPLING, RECORDING, AND REPORTING
----------------------------------------------------------------------------------------------------------------
Section 1200-3-10-.01...........  Sampling Required to        12/14/81  03/19/96, 61 FR
                                   Establish Contaminant                 11136
                                   Emission Levels.
Section 1200-3-10-.02...........  Monitoring of Source        02/14/96  01/07/00, 65 FR
                                   Emissions, Recording,                 1070
                                   Reporting of the Same
                                   are Required.
Section 1200-3-10-.04...........  Sampling, Recording,        09/12/94  01/19/00, 65 FR
                                   and Reporting Required                2880
                                   for Major Stationary
                                   Sources.
----------------------------------------------------------------------------------------------------------------
                               CHAPTER 1200-3-12 METHODS OF SAMPLING AND ANALYSIS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-12-.01...........  General................     02/09/77  03/29/85, 50 FR
                                                                         12540
Section 1200-3-12-.02...........  Procedures for Ambient      01/18/80  06/24/82, 47 FR
                                   Sampling and Analysis.                27270
Section 1200-3-12-.03...........  Source Sampling and         08/01/84  03/29/85, 50 FR
                                   Analysis.                             12539
Section 1200-3-12-.04...........  Monitoring Required for     12/28/96  01/07/00, 65 FR
                                   Determining Compliance                1070
                                   of Certain Large
                                   Sources.
----------------------------------------------------------------------------------------------------------------
                                          CHAPTER 1200-3-13 VIOLATIONS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-13-.01...........  Violation Statement....     06/07/74  06/07/79, 44 FR
                                                                         32681
----------------------------------------------------------------------------------------------------------------
                              CHAPTER 1200-3-14 CONTROL OF SULFUR DIOXIDE EMISSIONS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-14-.01...........  General Provisions.....     08/01/84  04/07/93, 58 FR
                                                                         18011
Section 1200-3-14-.02...........  Non-Process Emission        08/01/84  04/07/93, 58 FR
                                   Standards.                            18011
Section 1200-3-14-.03...........  Process Emission            03/21/93  03/19/96, 61 FR
                                   Standards.                            11136
----------------------------------------------------------------------------------------------------------------
Section 1200-3-14.04............  CAIR SO2 Annual Trading     11/06/06  8/20/07, 72 FR
                                   Program.                              46393
                                CHAPTER 1200-3-15 EMERGENCY EPISODE REQUIREMENTS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-15-.01...........  Purpose................     02/09/77  03/29/85, 50 FR
                                                                         12540
Section 1200-3-15-.02...........  Episode Criteria.......     06/26/93  09/15/94, 59 FR
                                                                         47256
Section 1200-3-15-.03...........  Required Emissions          05/15/81  06/24/82, 47 FR
                                   Reductions.                           27267
----------------------------------------------------------------------------------------------------------------
                                     CHAPTER 1200-3-17 CONFLICT OF INTEREST
----------------------------------------------------------------------------------------------------------------
Section 1200-3-17-.01...........  Purpose and Intent.....     09/18/96  10/28/02, 67 FR
                                                                         55322
Section 1200-3-17-.02...........  Conflict of Interest on     09/18/96  10/28/02, 67 FR
                                   the Part of the Board                 55322
                                   and Technical
                                   Secretary.
Section 1200-3-17-.03...........  Conflict of Interest in     09/18/96  10/28/02, 67 FR
                                   the Permitting of                     55322
                                   Municipal Solid Waste
                                   Incineration Units.
----------------------------------------------------------------------------------------------------------------
                                  CHAPTER 1200-3-18 VOLATILE ORGANIC COMPOUNDS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-18-.01...........  Definitions............     01/12/98  06/03/03, 68 FR
                                                                         33008
Section 1200-3-18-.02...........  General Provisions and      02/23/96  07/18/96, 61 FR
                                   Applicability.                        37387
Section 1200-3-18-.03...........  Compliance                  02/08/96  07/18/96, 61 FR
                                   Certification,                        37387
                                   Recordkeeping, and
                                   Reporting Requirements
                                   for Coating and
                                   Printing Sources.

[[Page 775]]

 
Section 1200-3-18-.04...........  Compliance                  02/08/96  07/18/96, 61 FR
                                   Certification,                        37387
                                   Recordkeeping, and
                                   Reporting Requirements
                                   for Non-Coating and
                                   Non-Printing Sources.
Section 1200-3-18-.05...........  (Reserved).............     05/18/93  02/27/95, 60 FR
                                                                         10504
Section 1200-3-18-.06...........  Handling, Storage, Use,     06/04/96  08/27/96, 61 FR      ...................
                                   and Disposal of                       43972
                                   Volatile Organic
                                   Compounds (VOC).
Section 1200-3-18-.07...........  Source-Specific             05/18/93  02/27/95, 60 FR      ...................
                                   Compliance Schedules.                 10504
Section 1200-3-18-.08...........  (Reserved).............     05/18/93  02/27/95, 60 FR      ...................
                                                                         10504
Section 1200-3-18-.09...........  (Reserved).............     05/18/93  02/27/95, 60 FR      ...................
                                                                         10504
Section 1200-3-18-.10...........  (Reserved).............     05/18/93  02/27/95, 60 FR      ...................
                                                                         10504
Section 1200-3-18-.11...........  Automobile and Light-       05/18/93  02/27/95, 60 FR      ...................
                                   Duty Truck Coating                    10504
                                   Operations.
Section 1200-3-18-.12...........  Can Coating............     05/18/93  02/27/95, 60 FR      ...................
                                                                         10504
Section 1200-3-18-.13...........  Coil Coating...........     05/18/93  02/27/95, 60 FR      ...................
                                                                         10504
Section 1200-3-18-.14...........  Paper and Related           05/18/93  02/27/95, 60 FR
                                   Coating.                              10504
Section 1200-3-18-.15...........  Fabric Coating.........     05/18/93  02/27/95, 60 FR      ...................
                                                                         10504
Section 1200-3-18-.16...........  Vinyl Coating..........     05/18/93  02/27/95, 60 FR      ...................
                                                                         10504
Section 1200-3-18-.17...........  Coating of Metal            05/18/93  02/27/95, 60 FR      ...................
                                   Furniture.                            10504
Section 1200-3-18-.18...........  Coating of Large            05/18/93  02/27/95, 60 FR      ...................
                                   Appliances.                           10504
Section 1200-3-18-.19...........  Coating of Magnet Wire.     05/18/93  02/27/95, 60 FR      ...................
                                                                         10504
Section 1200-3-18-.20...........  Coating of                  01/26/99  11/03/99, 64 FR
                                   Miscellaneous Metal                   59628
                                   Parts.
Section 1200-3-18-.21...........  Coating of Flat Wood        02/08/96  07/18/96, 61 FR      ...................
                                   Paneling.                             37387
Section 1200-3-18-.22...........  Bulk Gasoline Plants...     12/29/04  08/26/05, 70 FR      ...................
                                                                         50199
Section 1200-3-18-.23...........  Bulk Gasoline Terminals     05/18/93  02/27/95, 60 FR      ...................
                                                                         10504
Section 1200-3-18-.24...........  Gasoline Dispensing         12/29/04  08/26/05, 70 FR      ...................
                                   Facility--Stage I and                 50199
                                   Stage II Vapor
                                   Recovery.
Section 1200-3-18-.25...........  Leaks from Gasoline         05/18/93  02/27/95, 60 FR      ...................
                                   Tank Trucks.                          10504
Section 1200-3-18-.26...........  Petroleum Refinery          05/18/93  02/27/95, 60 FR      ...................
                                   Sources.                              10504
Section 1200-3-18-.27...........  Leaks from Petroleum        05/18/93  02/27/95, 60 FR      ...................
                                   Refinery Equipment.                   10504
Section 1200-3-18-.28...........  Petroleum Liquid            05/18/93  02/27/95, 60 FR      ...................
                                   Storage in External                   10504
                                   Floating Roof Tanks.
Section 1200-3-18-.29...........  Petroleum Liquid            05/18/93  02/27/95, 60 FR      ...................
                                   Storage in Fixed Roof                 10504
                                   Tanks.
Section 1200-3-18-.30...........  Leaks from Natural Gas/     05/18/93  02/27/95, 60 FR      ...................
                                   Gasoline Processing                   10504
                                   Equipment.
Section 1200-3-18-.31...........  Solvent Metal Cleaning.     05/18/93  02/27/95, 60 FR      ...................
                                                                         10504
Section 1200-3-18-.32...........  Cutback and Emulsified      05/18/93  02/27/95, 60 FR      ...................
                                   Asphalt.                              10504
Section 1200-3-18-.33...........  Manufacture of              02/21/95  07/18/96, 61 FR      ...................
                                   Synthesized                           37387
                                   Pharmaceutical
                                   Products.
Section 1200-3-18-.34...........  Pneumatic Rubber Tire       05/18/93  02/27/95, 60 FR
                                   Manufacturing.                        10504
Section 1200-3-18-.35...........  Graphic Arts Systems...     05/18/93  02/27/95, 60 FR
                                                                         10504
Section 1200-3-18-.36...........  Petroleum Solvent Dry       02/08/96  07/18/96, 61 FR
                                   Cleaners.                             37387
Section 1200-3-18-.37...........  (Reserved).............     05/18/93  02/27/95, 60 FR
                                                                         10504

[[Page 776]]

 
Section 1200-3-18-.38...........  Leaks from Synthetic        02/08/96  07/18/96, 61 FR
                                   Organic Chemical,                     37387
                                   Polymer, and Resin
                                   Manufacturing
                                   Equipment.
Section 1200-3-18-.39...........  Manufacture of High         05/08/97  07/29/97, 62 FR
                                   Density Polyethylene,                 40458
                                   Polypropylene, and
                                   Polystyrene Resins.
Section 1200-3-18-.40...........  Air Oxidation Processes     05/18/93  02/27/95, 60 FR
                                   in the Synthetic                      10504
                                   Organic Chemical
                                   Manufacturing Industry.
Section 1200-3-18-.41...........  (Reserved).............     05/18/93  02/27/95, 60 FR
                                                                         10504
Section 1200-3-18-.42...........  Wood Furniture              04/25/96  07/18/96, 61 FR
                                   Finishing and Cleaning                37387
                                   Operations.
Section 1200-3-18-.43...........  Offset Lithographic         04/22/96  07/18/96, 61 FR
                                   Printing Operations.                  37387
Section 1200-3-18-.44...........  Surface Coating of          06/03/96  08/27/96, 61 FR
                                   Plastic Parts.                        43972
Section 1200-3-18-.45...........  Standards of                06/03/96  08/27/96, 61 FR
                                   Performance for                       43972
                                   Commercial Motor
                                   Vehicle and Mobile
                                   Equipment Refinishing
                                   Operations.
Section 1200-3-18-.48...........  Volatile Organic Liquid     06/03/96  08/27/96, 61 FR
                                   Storage Tanks.                        43972
Sections 1200-3-18-.49-.77......  (Reserved).............     05/18/93  02/27/95, 60 FR
                                                                         10504
Section 1200-3-18-.78...........  Other Facilities That       02/08/96  07/18/96, 61 FR
                                   Emit Volatile Organic                 37387
                                   Compounds (VOC's) of
                                   Fifty Tons Per Year.
Section 1200-3-18-.79...........  Other Facilities That       02/08/96  07/18/96, 61 FR
                                   Emit Volatile Organic                 37387
                                   Compounds (VOC's) of
                                   One Hundred Tons Per
                                   Year.
Section 1200-3-18-.80...........  Test Methods and            05/18/93  02/27/95, 60 FR
                                   Compliance Procedures:                10504
                                   General Provisions.
Section 1200-3-18-.81...........  Test Methods and            05/08/97  07/29/97, 62 FR
                                   Compliance Procedures:                40458
                                   Determining the
                                   Volatile Organic
                                   Compound (VOC) Content
                                   of Coatings and Inks.
Section 1200-3-18-.82...........  Test Methods and            05/18/93  02/27/95, 60 FR
                                   Compliance Procedures:                10504
                                   Alternative Compliance
                                   Methods for Surface
                                   Coating.
Section 1200-3-18-.83...........  Test Methods and            05/18/93  02/27/95, 60 FR
                                   Compliance Procedures:                10504
                                   Emission Capture and
                                   Destruction or Removal
                                   Efficiency and
                                   Monitoring
                                   Requirements.
Section 1200-3-18-.84...........  Test Methods and            05/18/93  02/27/95, 60 FR
                                   Compliance Procedures:                10504
                                   Determining the
                                   Destruction or Removal
                                   Efficiency of a
                                   Control Device.
Section 1200-3-18-.85...........  Test Methods and            05/18/93  02/27/95, 60 FR
                                   Compliance Procedures:                10504
                                   Leak Detection Methods
                                   for Volatile Organic
                                   Compounds (VOC's).
Section 1200-3-18-.86...........  Performance                 06/03/96  04/14/97, 62 FR
                                   Specifications for                    18046
                                   Continuous Emission
                                   Monitoring of Total
                                   Hydrocarbons.
Section 1200-3-18-.87...........  Quality Control             05/18/93  02/27/95, 60 FR
                                   Procedures for                        10504
                                   Continuous Emission
                                   Monitoring Systems
                                   (CEMS).
Section 1200-3-18-.88-.99.......  (Reserved).............     05/18/93  02/27/95, 60 FR
                                                                         10504
----------------------------------------------------------------------------------------------------------------
       CHAPTER 1200-3-19 EMISSION STANDARDS AND MONITORING REQUIREMENTS FOR PARTICULATE AND SULFUR DIOXIDE
                                               NONATTAINMENT AREAS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-19-.01...........  Purpose................     04/30/96  07/30/97, 62 FR
                                                                         40734
Section 1200-3-19-.02...........  General Requirements...     04/30/96  07/30/97, 62 FR
                                                                         40734
Section 1200-3-19-.03...........  Particulate and Sulfur      04/30/96  07/30/97, 62 FR
                                   Dioxide Nonattainment                 40734
                                   Areas within Tennessee.
Section 1200-3-19-.04...........  (Reserved).............     04/30/96  07/30/97, 62 FR
                                                                         40734
Section 1200-3-19-.05...........  Operating Permits and       04/30/96  07/30/97, 62 FR
                                   Emission Limiting                     40734
                                   Conditions.
Section 1200-3-19-.06...........  Logs for Operating          04/30/96  07/30/97, 62 FR
                                   Hours.                                40734

[[Page 777]]

 
Section 1200-3-19-.07-.10.......  (Reserved).............     04/30/96  07/30/97, 62 FR
                                                                         40734
Section 1200-3-19-.11...........  Particulate Matter          04/30/96  07/30/97, 62 FR
                                   Emission Regulations                  40734
                                   for the Bristol
                                   Nonattainment Area.
Section 1200-3-19-.12...........  Particulate Matter          04/30/96  07/30/97, 62 FR
                                   Emission Regulations                  40734
                                   for Air Contaminant
                                   Sources in or
                                   Significantly
                                   Impacting the
                                   Particulate
                                   Nonattainment Areas in
                                   Campbell County.
Section 1200-3-19-.13...........  Particulate Emission        04/30/96  07/30/97, 62 FR
                                   Regulations for the                   40734
                                   Bull Run Nonattainment
                                   Area and Odoms Bend
                                   Nonattainment Area.
Section 1200-3-19-.14...........  Sulfur Dioxide Emission     04/16/97  09/13/99, 64 FR
                                   Regulations for the                   49397
                                   New Johnsonville
                                   Nonattainment Area.
Section 1200-3-19-.15...........  Particulate Matter          04/30/96  07/30/97, 62 FR
                                   Monitoring                            40734
                                   Requirements for Steam
                                   Electric Generating
                                   Units in the Bull Run
                                   and Odoms Bend
                                   Nonattainment Areas.
Section 1200-3-19-.16-.18.......  (Reserved).............     04/30/96  07/30/97, 62 FR
                                                                         40734
Section 1200-3-19-.19...........  Sulfur Dioxide              11/30/96  09/13/99, 64 FR
                                   Regulations for the                   49398
                                   Copper Basin
                                   Nonattainment Area.
----------------------------------------------------------------------------------------------------------------
               CHAPTER 1200-3-20 LIMITS ON EMISSIONS DUE TO MALFUNCTIONS, START-UPS, AND SHUTDOWNS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-20-.01...........  Purpose................     02/13/79  02/06/80, 45 FR
                                                                         8004
Section 1200-3-20-.02...........  Reasonable Measures         02/13/79  02/06/80, 45 FR
                                   Required.                             8004
Section 1200-3-20-.03...........  Notice Required When        12/09/81  06/24/82, 47 FR
                                   Malfunction Occurs.                   27272
Section 1200-3-20-.04...........  Logs and Reports.......     02/13/79  02/06/80, 45 FR
                                                                         8004
Section 1200-3-20-.05...........  Copies of Log Required.     02/13/79  02/06/80, 45 FR
                                                                         8004
Section 1200-3-20-.06...........  Scheduled Maintenance..     02/13/79  02/06/80, 45 FR
                                                                         8004
Section 1200-3-20-.07...........  Report Required Upon        02/13/79  02/06/80, 45 FR
                                   The Issuance of Notice                8004
                                   of Violation.
Section 1200-3-20-.08...........  Special Reports             02/13/79  02/06/80, 45 FR
                                   Required.                             8004
Section 1200-3-20-.09...........  Rights Reserved........     02/13/79  02/06/80, 45 FR      ...................
                                                                         8004
Section 1200-3-20-.10...........  Additional Sources          11/23/79  06/24/82, 47 FR
                                   Covered.                              27272
----------------------------------------------------------------------------------------------------------------
                              CHAPTER 1200-3-21 GENERAL ALTERNATE EMISSION STANDARD
----------------------------------------------------------------------------------------------------------------
Section 1200-3-21-.01...........  General Alternate           01/22/82  06/24/82, 47 FR      ...................
                                   Emission Standard.                    27272
Section 1200-3-21-.02...........  Applicability..........     03/22/93  04/18/94, 59 FR
                                                                         18310
----------------------------------------------------------------------------------------------------------------
                                    CHAPTER 1200-3-22 LEAD EMISSION STANDARDS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-22-.01...........  Definitions............     03/18/85  08/12/85, 50 FR      ...................
                                                                         32412
Section 1200-3-22-.02...........  General Lead Emission       12/05/84  08/12/85, 50 FR      ...................
                                   Standards.                            32412
Section 1200-3-22-.03...........  Specific Emission           01/26/00  10/29/01, 66 FR      ...................
                                   Standards for Existing                44632
                                   Sources of Lead.
Section 1200-3-22-.04...........  Standards for New and       12/05/84  08/12/85, 50 FR      ...................
                                   Modified Sources of                   32412
                                   Lead.
Section 1200-3-22-.05...........  Source Sampling and         12/05/84  08/12/85, 50 FR      ...................
                                   Analysis.                             32412
Section 1200-3-22-.06...........  Lead Ambient Monitoring     12/05/84  08/12/85, 50 FR
                                   Requirements.                         32412
----------------------------------------------------------------------------------------------------------------
                                     CHAPTER 1200-3-23 VISIBILITY PROTECTION
----------------------------------------------------------------------------------------------------------------
Section 1200-3-23-.01...........  Purpose................     12/19/94  07/02/97, 62 FR      ...................
                                                                         35681

[[Page 778]]

 
Section 1200-3-23-.02...........  Definitions............     12/19/94  07/02/97, 62 FR      ...................
                                                                         35681
Section 1200-3-23-.03...........  General Visibility          12/19/94  07/02/97, 62 FR      ...................
                                   Protection Standards.                 35681
Section 1200-3-23-.04...........  Specific Emission           12/19/94  07/02/97, 62 FR      ...................
                                   Standards for Existing                35681
                                   Stationary Facilities.
Section 1200-3-23-.05...........  Specific Emission           12/19/94  07/02/97, 62 FR      ...................
                                   Standards for Existing                35681
                                   Sources.
Section 1200-3-23-.06...........  Visibility Standards        12/19/94  07/02/97, 62 FR      ...................
                                   for New and Modified                  35681
                                   Sources.
Section 1200-3-23-.07...........  Visibility Monitoring       12/19/94  07/02/97, 62 FR      ...................
                                   Requirements.                         35681
Section 1200-3-23-.08...........  Exemptions from BART        12/19/94  07/02/97, 62 FR      ...................
                                   Requirements.                         35681
----------------------------------------------------------------------------------------------------------------
                      CHAPTER 1200-3-24 GOOD ENGINEERING PRACTICE STACK HEIGHT REGULATIONS
----------------------------------------------------------------------------------------------------------------
Section 1200-3-24-.01...........  General Provisions.....     08/18/86  10/19/88, 53 FR      ...................
                                                                         40881
Section 1200-3-24-.02...........  Definitions............     08/18/86  10/19/88, 53 FR      ...................
                                                                         40881
Section 1200-3-24-.03...........  Good Engineering            08/18/86  10/19/88, 53 FR      ...................
                                   Practice Stack Height                 40881
                                   Regulations Standards.
Section 1200-3-24-.04...........  Specific Emission           08/18/86  10/19/88, 53 FR      ...................
                                   Standards.                            40881
----------------------------------------------------------------------------------------------------------------
                                        CHAPTER 1200-3-27 NITROGEN OXIDES
----------------------------------------------------------------------------------------------------------------
Section 1200-3-27-.01...........  Definitions............     06/14/93  07/29/96, 61 FR      ...................
                                                                         39326
Section 1200-3-27-.02...........  General Provisions and      11/23/96  10/28/02, 67 FR      ...................
                                   Applicability.                        55320
Section 1200-3-27-.03...........  Standards and               04/29/96  07/29/96, 61 FR      ...................
                                   Requirements.                         39326
Section 1200-3-27-.04...........  Standards for Cement        07/23/03  01/22/04, 69 FR
                                   Kilns.                                3015
Section 1200-3-27-.06...........  NOX Trading Budget for      07/23/03  01/22/04, 69 FR
                                   State Implementation                  3015
                                   Plans.
Section 1200-3-27-.09...........  Compliance Plans for        11/14/05  12/27/05, 70 FR
                                   NOX Emissions From                    76401
                                   Stationary Internal
                                   Combustion Engines.
Section 1200-3-27.10............  CAIR NOX Annual Trading     11/06/06  8/20/07, 72 FR
                                   Program.                              46393
Section 1200-3-27.11............  CAIR NOX Ozone Season       11/06/06  8/20/07, 72 FR
                                   Trading Program.                      46393
                      CHAPTER 1200-3-29 LIGHT-DUTY MOTOR VEHICLE INSPECTION AND MAINTENANCE
----------------------------------------------------------------------------------------------------------------
Section 1200-3-29-.01...........  Purpose................     07/08/94  07/28/95, 60 FR
                                                                         38694
Section 1200-3-29-.02...........  Definitions............     12/29/94  08/26/05, 70 FR
                                                                         50199
Section 1200-3-29-.03...........  Motor Vehicle               12/29/94  08/26/05, 70 FR
                                   Inspection                            50199
                                   Requirements.
Section 1200-3-29-.04...........  Exemption From Motor        12/29/94  08/26/05, 70 FR
                                   Vehicle Inspection                    50199
                                   Requirements.
Section 1200-3-29-.05...........  Motor Vehicle Emission      12/29/94  08/26/05, 70 FR
                                   Performance Test                      50199
                                   Criteria.
Section 1200-3-29-.06...........  Motor Vehicle Anti-         12/29/94  08/26/05, 70 FR
                                   Tampering Test                        50199
                                   Criteria.
Section 1200-3-29-.07...........  Motor Vehicle Emissions     12/29/94  08/26/05, 70 FR
                                   Performance Test                      50199
                                   Methods.
Section 1200-3-29-.08...........  Motor Vehicle Anti-         12/29/94  08/26/05, 70 FR
                                   Tampering Test Methods.               50199
Section 1200-3-29-.09...........  Motor Vehicle               12/29/94  08/26/05, 70 FR
                                   Inspection Program.                   50199
Section 1200-3-29-.10...........  Motor Vehicle               12/29/94  08/26/05, 70 FR
                                   Inspection Fee.                       50199
Section 1200-3-29-.12...........  Area of Applicability..     12/29/94  08/26/05, 70 FR
                                                                         50199
----------------------------------------------------------------------------------------------------------------

[[Page 779]]

 
                                          CHAPTER 1200-3-34 CONFORMITY
----------------------------------------------------------------------------------------------------------------
Section 1200-3-34-.01...........  Conformity of               03/21/02  05/16/03, 68 FR
                                   Transportation Plans,                 25495
                                   Programs, and Projects.
----------------------------------------------------------------------------------------------------------------
                                    CHAPTER 1200-3-36 MOTOR VEHICLE TAMPERING
----------------------------------------------------------------------------------------------------------------
Section 1200-3-36-.01...........  Purpose................     12/29/04  08/26/05, 70 FR
                                                                         50199
Section 1200-3-36-.02...........  Definitions............     12/29/04  08/26/05, 70 FR
                                                                         50199
Section 1200-3-36-.03...........  Motor Vehicle Tampering     12/29/04  08/26/05, 70 FR
                                   Prohibited.                           50199
Section 1200-3-36-.04...........  Recordkeeping               12/29/04  08/26/05, 70 FR
                                   Requirements.                         50199
Section 1200-3-36-.05...........  Exemptions.............     12/29/04  08/26/05, 70 FR
                                                                         50199
----------------------------------------------------------------------------------------------------------------


                             Table 2--EPA Approved Memphis-Shelby County Regulations
----------------------------------------------------------------------------------------------------------------
                                                               State
         State citation                 Title/subject        effective     EPA approval date      Explanation
                                                                date
----------------------------------------------------------------------------------------------------------------
                                              Division I Generally
----------------------------------------------------------------------------------------------------------------
Section 16-46...................  Definitions.............      8/14/89  6/15/89, 54 FR 25456
Section 16-47...................  Abbreviations, Acronyms       8/14/89  6/15/89, 54 FR 25456
                                   & Symbols.
Section 16-48...................  Words, Phrases                8/14/89  6/15/89, 54 FR 25456
                                   Substituted in State
                                   Regulations Adopted by
                                   Reference.
Section 16-49...................  Ambient Air Quality           8/14/89  6/15/89, 54 FR 25456
                                   Standards.
Section 16-50...................  Open Burning............      8/14/89  6/15/89, 54 FR 25456
Section 16-51...................  Severability of Parts of      8/14/89  6/15/89, 54 FR 25456
                                   Articles.
----------------------------------------------------------------------------------------------------------------
                                             Division II Enforcement
----------------------------------------------------------------------------------------------------------------
Section 16-56...................  Violations of Chapter--       8/14/89  6/15/89, 54 FR 25456
                                   Notice; Citation;
                                   Injunctive Relief.
Section 16-57...................  Penalties, Misdemeanor,       8/14/89  6/15/89, 54 FR 25456
                                   Civil, Noncompliance.
Section 16-58...................  Variances...............      8/14/89  6/15/89, 54 FR 25456
Section 16-59...................  Emergency Powers of           8/14/89  6/15/89, 54 FR 25456
                                   Health Officer.
----------------------------------------------------------------------------------------------------------------
                                    Division III Air Pollution Control Board
----------------------------------------------------------------------------------------------------------------
Section 16-71...................  Created; Membership;          8/14/89  6/15/89, 54 FR 25456
                                   Term of Office;
                                   Jurisdiction; Hearings;
                                   Appeals.
----------------------------------------------------------------------------------------------------------------
                                     Division IV Source Emissions Standards
----------------------------------------------------------------------------------------------------------------
Section 16-77...................  Construction and              8/14/89  6/15/89, 54 FR 25456
                                   Operating Permits.
Section 16-78...................  Process Emissions             8/14/89  6/15/89, 54 FR 25456
                                   Standards.
Section 16-79...................  Nonprocess Emission           8/14/89  6/15/89, 54 FR 25456
                                   Standards.
Section 16-80...................  Volatile Organic              8/14/89  6/15/89, 54 FR 25456
                                   Compounds.
Section 16-82...................  Control of Sulfur             8/14/89  6/15/89, 54 FR 25456
                                   Dioxide Emissions.
Section 16-83...................  Visible Emissions.......      8/14/89  6/15/89, 54 FR 25456
Section 16-84...................  Particulate Matter from       8/14/89  6/15/89, 54 FR 25456
                                   Incinerators.

[[Page 780]]

 
Section 16-85...................  Required Sampling,            5/20/96  3/19/96, 61 FR 11136
                                   Recording, and
                                   Reporting.
Section 16-86...................  Methods of Sampling and       8/14/89  6/15/89, 54 FR 25456
                                   Analysis.
Section 16-87...................  Limits on Emissions due       8/14/89  6/15/89, 54 FR 25456
                                   to Malfunctions,
                                   Startups & Shutdowns.
Section 16-88...................  Nuisance Abatement......      8/14/89  6/15/89, 54 FR 25456
Section 16-89...................  Fugitive Dust...........      8/14/89  6/15/89, 54 FR 25456
Section 16-90...................  General Alternate             8/14/89  6/15/89, 54 FR 25456
                                   Emission Standard.
Section 16-91...................  Lead Emission Standards.      8/14/89  6/15/89, 54 FR 25456
----------------------------------------------------------------------------------------------------------------


                                 Table 3--EPA Approved Knox County, Regulations
----------------------------------------------------------------------------------------------------------------
                                                           State
       State section               Title/subject         effective      EPA approval date        Explanation
                                                            date
----------------------------------------------------------------------------------------------------------------
12.0......................  Introduction..............      6/18/86  8/03/89, 54 FR 31953    ...................
13.0......................  Definitions...............     03/08/00  1/3/07, 72 FR 23
14.0......................  Ambient Air Quality             7/19/89  2/21/90, 55 FR 5985
                             Standards.
15.0......................  Prohibitions of Air             6/18/86  8/03/89, 54 FR 31953
                             Pollution.
16.0......................  Open Burning..............     12/14/05  1/3/07, 72 FR 20
17.0......................  Regulation of Visible          10/13/93  11/01/94, 59 FR 54523
                             Emissions.
18.0......................  Regulation of Non-Process      10/13/93  11/01/94, 59 FR 54523
                             Emissions.
19.0......................  Regulation of Process          12/11/96  6/08/98, 63 FR 31121
                             Emissions.
20.0......................  Regulation of Incinerators      6/18/86  8/03/89, 54 FR 31953
22.0......................  Regulation of Fugitive          1/10/01  1/3/07, 72 FR 23
                             Dust and Materials.
23.0......................  Regulation of Hydrocarbon       6/16/72  10/28/72, 37 FR 23085
                             Emissions.
24.0......................  Regulation of Airborne and      6/18/86  8/03/89, 54 FR 31953
                             Windborne Materials.
Section 25.0..............  Permits...................   12/10/2007  11/24/2008, 73 FR
                                                                      70881
26.0......................  Monitoring, Recording, and      6/10/92  4/28/93, 58 FR 25777
                             Reporting.
27.0......................  Sampling and Testing            6/10/92  4/28/93, 58 FR 25777
                             Methods.
28.0......................  Variances.................      6/10/92  4/28/93, 58 FR 25777
29.0......................  Appeals...................      5/25/94  12/26/95, 60 FR 66748
30.0......................  Violations................      1/10/96  3/26/97, 62 FR 14327
31.0......................  Right of Entry............      6/18/86  8/03/89, 54 FR 31953
32.0......................  Use of Evidence...........      6/18/86  8/03/89, 54 FR 31953
33.0......................  Confidentiality and             6/18/86  8/03/89, 54 FR 31953
                             Accessibility of Records.
34.0......................  Malfunction of Equipment..      6/18/86  8/03/89, 54 FR 31953
36.0......................  Emergency Regulations.....      7/19/89  2/21/90, 55 FR 5985
37.0......................  Separation of Emissions...      6/18/86  8/03/89, 54 FR 31953
38.0......................  Combination of Emissions..      6/18/86  8/03/89, 54 FR 31953
39.0......................  Severability..............      6/18/86  8/03/89, 54 FR 31953
41.0......................  Regulation for the Review       6/18/86  8/03/89, 54 FR 31953
                             of New Sources.

[[Page 781]]

 
45.0......................  Prevention of Significant       6/10/92  4/28/93, 58 FR 25776
                             Deterioration.
46.0......................  Regulation of Volatile         10/12/05  1/4/07, 72 FR 265
                             Organic Compounds.
47.0......................  Good Engineering Practice      10/13/93  11/01/94, 59 FR 54523
                             Stack Height.
51.0......................  Standards for Cement Kilns      7/11/01  4/12/2007, 72 FR 18391
----------------------------------------------------------------------------------------------------------------


                                  Table 4--EPA Approved Chattanooga Regulations
----------------------------------------------------------------------------------------------------------------
                                                                  Adoption
           State section                   Title/subject            date        EPA approval date    Explanation
----------------------------------------------------------------------------------------------------------------
                                              Article I. In General
----------------------------------------------------------------------------------------------------------------
Section 4-1.......................  Declaration of Policy and        7/20/89  5/08/90, 55 FR 19066
                                     Purposes: Title.
Section 4-2.......................  Definitions...............       8/16/95  2/18/97, 62 FR 7163.
Section 4-3.......................  Regulations cumulative;          8/16/95  2/18/97, 62 FR 7163.
                                     compliance with one
                                     provision no defense to
                                     noncompliance with
                                     another; use of
                                     alternative methods.
Section 4-4.......................  Penalties for violation of       8/16/95  2/18/97, 62 FR 7163.
                                     chapter, permit or order.
Section 4-5.......................  Limitations of chapter....       7/20/89  5/08/90, 55 FR 19066
Section 4-6.......................  Air pollution control            8/16/95  2/18/97, 62 FR 7163.
                                     board; bureau of air
                                     pollution control;
                                     persons required to
                                     comply with chapter.
Section 4-7.......................  Powers and duties of the         7/20/89  5/08/90, 55 FR 19066
                                     board; delegation.
Section 4-8.......................  Installation permit,             8/16/95  2/18/97, 62 FR 7163.
                                     temporary operating
                                     permit, certification of
                                     operation and solid fuel
                                     permit.
Section 4-9.......................  Technical reports; charges       7/20/89  5/08/90, 55 FR 19066
Section 4-10......................  Records...................       7/20/89  5/08/90, 55 FR 19066
Section 4-11......................  General Requirements......       7/20/89  5/08/90, 55 FR 19066
Section 4-12......................  Limits on emissions due to       8/16/95  2/18/97, 62 FR 7163.
                                     equipment malfunction,
                                     start-up or shutdown.
Section 4-13......................  Certificate of alternate        12/11/95  8/12/97, 62 FR 43109
                                     control.
Section 4-14......................  Court determination of           7/20/89  5/08/90, 55 FR 19066
                                     invalidity of having two
                                     sets of limitations for
                                     process or fuel burning
                                     equipment; effect.
Section 4-15......................  Right to file abatement          7/20/89  5/08/90, 55 FR 19066
                                     suits.
Section 4-16......................  Right of entry of city           8/16/95  2/18/97, 62 FR 7163.
                                     employees; search
                                     warrants.
Section 4-17......................  Enforcement of chapter;          8/16/95  2/18/97, 62 FR 7163.
                                     procedure for
                                     adjudicatory hearings.
Section 4-18......................  Hearings and judicial            8/16/95  2/18/97, 62 FR 7163.
                                     review.
Section 4-19......................  Confidentiality of certain       8/16/95  2/18/97, 62 FR 7163.
                                     records.
Section 4-20......................  Emergencies...............       7/20/89  5/08/90, 55 FR 19066
Section 4-21......................  Variances.................       7/20/89  5/08/90, 55 FR 19066
Section 4-22......................  Reserved.
----------------------------------------------------------------------------------------------------------------
                        Article II. Section 4-41 Rules, Regulations, Criteria, Standards
----------------------------------------------------------------------------------------------------------------
Section 4-41 Rule 1...............  Rules adopted.............       7/20/89  5/08/90, 55 FR 19066
Section 4-41 Rule 2...............  Regulation of Nitrogen           8/15/95  8/12/97, 62 FR 43109
                                     Oxides.
Section 4-41 Rule 3...............  Visible Emission                 8/15/95  8/12/97, 62 FR 43109
                                     Regulations.
Section 4-41 Rule 4...............  Regulation of the                7/20/89  5/08/90, 55 FR 19066
                                     Importation, Sales,
                                     Transportation, Use or
                                     Consumption of Certain
                                     Fuels.
Section 4-41 Rule 5...............  Prohibition of Hand-Fired        7/20/89  5/08/90, 55 FR 19066
                                     Fuel Burning Equipment.
Section 4-41 Rule 6...............  Prohibition of Open              12/8/04  8/26/05, 70 FR 50199
                                     Burning.
Section 4-41 Rule 7...............  Incinerator Regulation....       7/20/89  5/08/90, 55 FR 19066
Section 4-41 Rule 8...............  Fuel Burning Equipment           8/15/95  8/12/97, 62 FR 43109
                                     Regulations.
Section 4-41 Rule 9...............  Regulation of Visible            8/15/95  8/12/97, 62 FR 43109
                                     Emissions from Internal
                                     Combustion Engines.
Section 4-41 Rule 10..............  Process Emission                 7/20/89  5/08/90, 55 FR 19066
                                     Regulations.
Section 4-41 Rule 11..............  Regulation of Transporting       7/20/89  5/08/90, 55 FR 19066
                                     and Material Handling in
                                     Open Air.
Section 4-41 Rule 12..............  Regulation of Odors in the       7/20/89  5/08/90, 55 FR 19066
                                     Ambient Air.
Section 4-41 Rule 13..............  Regulation of Sulfur             8/15/95  8/12/97, 62 FR 43109
                                     Oxides.
Section 4-41 Rule 14..............  Nuisances.................       7/20/89  5/08/90, 55 FR 19066

[[Page 782]]

 
Section 4-41 Rule 16..............  Emission Standards for           8/15/95  8/12/97, 62 FR 43109
                                     Source Categories of Area
                                     Sources.
Section 4-41 Rule 17..............  General Provisions and           7/20/89  5/08/90, 55 FR 19066
                                     Applicability for Process
                                     Gaseous Emissions
                                     Standards.
Section 4-41 Rule 18..............  Prevention of Significant        8/15/95  8/12/97, 62 FR 43109
                                     Air Quality Deterioration.
Section 4-41 Rule 20..............  Proposed Infectious Waste        8/15/95  8/12/97, 62 FR 43109
                                     Rule.
Section 4-41 Rule 21..............  Ambient Air Quality              8/15/95  8/12/97, 62 FR 43109
                                     Standards.
Section 4-41 Rule 22..............  (Reserved)................
Section 4-41 Rule 23..............  General Provisions and           7/20/89  5/08/90, 55 FR 19066
                                     Applicability for Process
                                     Gaseous Emissions
                                     Standards.
Section 4-41 Rule 24..............  (Reserved)................
Section 4-41 Rule 25..............  General Provisions and           12/8/04  8/26/05, 70 FR 50199
                                     Applicability for
                                     Volatile Organic
                                     Compounds.
Section 4-41 Rule 26..............  Reasonably Available             8/15/95  8/12/97, 62 FR 43109
                                     Control Technology (RACT).
Section 4-41 Rule 27..............  Particulate Matter               8/15/95  8/12/97, 62 FR 43109
                                     Controls for New Sources
                                     and New Modifications
                                     after August 12, 1997.
----------------------------------------------------------------------------------------------------------------


                          Table 5--EPA Approved Nashville-Davidson County, Regulations
----------------------------------------------------------------------------------------------------------------
                                                                   State
          State citation                   Title/subject         effective     EPA approval date     Explanation
                                                                    date
----------------------------------------------------------------------------------------------------------------
                                      Chapter 10.56. Air Pollution Control
----------------------------------------------------------------------------------------------------------------
Section 10.56.010.................  Definitions...............     03/12/97  12/31/98, 63 FR 72195
----------------------------------------------------------------------------------------------------------------
                                    Article I. Administration and Enforcement
----------------------------------------------------------------------------------------------------------------
Section 10.56.020 +...............  Construction Permits......     10/06/94  9/06/96, 61 FR 47057.
Section 10.56.040.................  Operating Permit..........     12/14/95  05/30/97, 62 FR 29301
Section 10.56.050.................  Exemptions................     12/14/95  5/30/97, 62 FR 29301.
Section 10.56.060.................  Transferability of Permit.     10/06/94  9/06/96, 61 FR 47057.
Section 10.56.070.................  Suspension or Revocation       10/06/94  9/06/96, 61 FR 47057.
                                     of Permit.
Section 10.56.080.................  Permit and Annual Emission      3/12/97  12/31/98, 63 FR 72195
                                     Fees.
Section 10.56.090.................  Board--Powers and Duties..     10/06/94  9/06/96, 61 FR 47057.
Section 10.56.100.................  Board--Consideration of        10/06/94  9/06/96, 61 FR 47057.
                                     Facts and Circumstances.
Section 10.56.110.................  Rules and Regulations --       10/06/94  9/06/96, 61 FR 47057.
                                     Hearings Procedure.
Section 10.56.120.................  Complaint Notice--Hearings     10/06/94  9/06/96, 61 FR 47057.
                                     Procedure.
Section 10.56.130.................  Variances--Hearings            10/06/94  9/06/96, 61 FR 47057.
                                     Procedure.
Section 10.56.140.................  Emergency Measures--           10/06/94  9/06/96, 61 FR 47057.
                                     Hearings Procedure.
----------------------------------------------------------------------------------------------------------------
                                       Article II. Standards for Operation
----------------------------------------------------------------------------------------------------------------
Section 10.56.160.................  Ambient Air Quality             3/12/97  12/31/98, 63 FR 72195
                                     Standards.
Section 10.56.170.................  Emission of Gases, Vapors      10/06/94  9/06/96, 61 FR 47057.
                                     or Objectionable Odors.
Section 10.56.180.................  Laundry Operations--Dryer      10/06/94  9/06/96, 61 FR 47057.
                                     and Vent Pipe
                                     Requirements.
Section 10.56.190.................  Controlling Wind-Borne         10/06/94  9/06/96, 61 FR 47057.
                                     Materials.
Section 10.56.200.................  Sale, Use or Consumption       10/06/94  9/06/96, 61 FR 47057.
                                     of Solid and Liquid Fuels.
Section 10.56.220.................  Fuel-Burning Equipment....     10/06/94  9/06/96, 61 FR 47057.

[[Page 783]]

 
Section 10.56.230.................  Incinerators..............     10/06/94  9/06/96, 61 FR 47057.
Section 10.56.240.................  Internal Combustion            12/14/95  5/30/97, 62 FR 29301.
                                     Engines.
Section 10.56.250.................  Open Burning..............     10/06/94  9/06/96, 61 FR 47057.
Section 10.56.260.................  Process Emissions.........     10/06/94  9/06/96, 61 FR 47057.
Section 10.56.270.................  Visible Emissions.........     10/06/94  9/06/96, 61 FR 47057.
Section 10.56.280.................  Start-ups, Shutdowns and        3/12/97  12/31/98, 63 FR 72195
                                     Malfunctions.
Section 10.56.290.................  Measurement and Reporting      10/06/94  9/06/96, 61 FR 47057.
                                     of Emissions.
Section 10.56.300.................  Testing Procedures........     10/06/94  9/06/96, 61 FR 47057.
Section 10.56.310.................  Severability..............     10/06/94  9/06/96, 61 FR 47057.
Regulation No. 1..................  Prevention, Abatement and       6/28/79  8/13/80, 45 FR 53810.
                                     Control of Air Control
                                     Contaminants from Open
                                     Burning.
Regulation No. 2..................  Prevention, Abatement and       6/28/79  8/13/80, 45 FR 53810.
                                     Control of Air
                                     Contaminants from
                                     Materials Subject to
                                     Becoming Windborne.
Regulation No. 3..................
New Source Review.................
Section 3-1.......................  Definitions...............     03/14/06  09/14/07, 72 FR 52474
Section 3-2.......................  New Source Review.........     03/14/06  09/14/07, 72 FR 52474
Section 3-3.......................  Prevention of Significant      03/14/06  09/14/07, 72 FR 52474
                                     Deterioration (PSD)
                                     Review.
Section 3-4.......................  Plantwide Applicability        03/14/06  09/14/07, 72 FR 52474
                                     Limits (PAL).
Regulation No. 6..................  Emission Monitoring of
                                     Stationary Sources.
Section 6.1.......................  Definitions...............      5/22/77  3/22/78, 43 FR 11819.
Section 6.2.......................  Monitoring of Emissions...      5/22/77  3/22/78, 43 FR 11819.
Section 6.3.......................  Equipment Specifications..      5/22/77  3/22/78, 43 FR 11819.
Section 6.4.......................  Monitoring System               5/22/77  3/22/78, 43 FR 11819.
                                     Malfunction.
Section 6.5.......................  Recording and Reporting...      5/22/77  3/22/78, 43 FR 11819.
Section 6.6.......................  Data Reduction............      5/22/77  3/22/78, 43 FR 11819.
Regulation No. 7..................  Regulation for Control of
                                     Volatile Organic
                                     Compounds.
Section 7-1.......................  Definitions...............     11/13/96  6/17/97, 62 FR 32688.
Section 7-2.......................  General Provisions and         11/13/96  6/17/97, 62 FR 32688.
                                     Applicability.
Section 7-3.......................  Petition for Alternative       12/10/91  6/26/92, 57 FR 28625.
                                     Controls.
Section 7-4.......................  Compliance Certification,      11/13/96  6/17/97, 62 FR 32688.
                                     Recordkeeping and
                                     Reporting Requirements.
Section 7-5.......................  Emission Standards for         11/13/96  6/17/97, 62 FR 32688.
                                     Coil Coating.
Section 7-6.......................  Emission Standards for         11/13/96  6/17/97, 62 FR 32688.
                                     Paper Coating.
Section 7-7.......................  Emission Standards for         11/13/96  6/17/97, 62 FR 32688.
                                     Fabric and Vinyl Coating.
Section 7-8.......................  Emission Standards for         11/13/96  6/17/97, 62 FR 32688.
                                     Metal Furniture Coating.
Section 7-9.......................  Emission Standards for         11/13/96  6/17/97, 62 FR 32688.
                                     Surface Coating of Large
                                     Appliances.
Section 7-10......................  Petroleum Liquid Storage..     11/13/96  6/17/97, 62 FR 32688.
Section 7-11......................  Bulk Gasoline Plants......     12/10/91  6/26/92, 57 FR 28265.

[[Page 784]]

 
Section 7-12......................  Bulk Gasoline Terminals...     12/10/91  6/26/92, 57 FR 28265.
Section 7-13......................  Gasoline Dispensing            12/10/91  6/26/92, 57 FR 28265.
                                     Facility, Stage 1.
Section 7-14......................  Solvent Metal Cleaning....     12/10/91  6/26/92, 57 FR 28265.
Section 7-15......................  Prohibition of Cutback         12/10/91  6/26/92, 57 FR 28265.
                                     Asphalt.
Section 7-16......................  Emission Standards for          7/09/97  10/08/98, 63 FR 54053
                                     Surface Coating of
                                     Miscellaneous Metal Parts
                                     and Products.
Section 7-17......................  Manufacture of Pneumatic       11/13/96  6/17/97, 62 FR 32688.
                                     Tires.
Section 7-18......................  Graphic Arts--Rotogravure      12/10/91  6/26/92, 57 FR 28265.
                                     and Flexography.
Section 7-20......................  Petroleum Solvent Dry          11/13/96  6/17/97, 62 FR 32688.
                                     Cleaners.
Section 7-21......................  Volatile Organic Liquid        11/13/96  6/17/97, 62 FR 32688.
                                     Storage In External
                                     Floating Roof Tanks.
Section 7-22......................  Leaks from Synthetic           11/13/96  6/17/97, 62 FR 32688.
                                     Organic Chemical,
                                     Polymer, and Resin
                                     Manufacturing Equipment.
Section 7-23......................  Air Oxidation Processes in     11/13/96  6/17/97, 62 FR 32688.
                                     the Synthetic Organic
                                     Chemical Manufacturer's
                                     Industry.
Section 7-24......................  Test Methods and               11/13/96  6/17/97, 62 FR 32688.
                                     Procedures.
Section 7-26......................  Special Provisions for New     11/13/96  6/17/97, 62 FR 32688.
                                     Volatile Organic Compund
                                     Sources and Modifications.
Section 7-27......................  Handling, Storage, Use,        11/13/96  6/17/97, 62 FR 32688.
                                     and Disposal of Volatile
                                     Organic Compounds (VOC).
Section 7-28......................  Surface Coating of Plastic     11/13/96  6/17/97, 62 FR 32688.
                                     Parts.
Regulation No. 8..................  Regulation of Emissions      10/10/2007  8/18/08, 73 FR 48127.
                                     from Light-Duty Motor
                                     Vehicles Through
                                     Mandatory Vehicle
                                     Inspection and
                                     Maintenance Program.
Regulation No. 10.................  Infectious Waste
                                     Incinerators.
Section 10-1......................  Definitions...............     10/06/94  9/06/96, 61 FR 47057.
Section 10-2......................  Prohibited Act............     10/06/94  9/06/96, 61 FR 47057.
Section 10-3......................  Emission Standards........     10/06/94  9/06/96, 61 FR 47057.
Section 10-4......................  Performance Specifications     10/06/94  9/06/96, 61 FR 47057.
Section 10-5......................  Monitoring Requirements...     10/06/94  9/06/96, 61 FR 47057.
Section 10-6......................  Compliance Schedule for        10/06/94  9/06/96, 61 FR 47057.
                                     Existing Infectious Waste
                                     Incinerators.
Section 10-7......................  Testing Requirement.......     10/06/94  9/06/96, 61 FR 47057.
Section 10-8......................  Recordkeeping and              10/06/94  9/06/96, 61 FR 47057.
                                     Reporting Requirements.
Section 10-9......................  Severability..............     10/06/94  9/06/96, 61 FR 47057.
Regulation No. 11.................  Emergency Episode
                                     Regulation.
Section 11-1......................  Episode Criteria..........     11/13/96  6/17/97, 62 FR 32688.
Section 11-2......................  Emission Reductions.......     11/13/96  6/17/97, 62 FR 32688.
Regulation No. 14.................  Regulation for Control of
                                     Nitrogen Oxides.
Section 14-1......................  Definitions...............      8/10/93  6/29/96, 61 FR 39326.
Section 14-2......................  Emission Standards........      8/10/93  6/29/96, 61 FR 39326.
Section 14-3......................  Procedures for Determining      8/10/93  6/29/96, 61 FR 39326.
                                     RACT.
Section 14-4......................  Recordkeeping and               8/10/93  6/29/96, 61 FR 39326.
                                     Reporting Requirements.
Section 14-5......................  Compliance Schedule.......      8/10/93  6/29/96, 61 FR 39326.
----------------------------------------------------------------------------------------------------------------


[[Page 785]]

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

                               EPA-Approved Tennessee Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                             State
         Name of Source                Permit No.       effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
Revised Permits for the           n/a.................        09/15/99  11/5/99, 64 FR       Various permits.
 Kingsport Particulate                                                   60346.
 Nonattainment Area.
Union Carbide, Tennessee Eastman  n/a, 011397P........        12/30/86  6/16/87, 52 FR
 Company.                                                                22778.
Murray Ohio Manufacturing         n/a.................        12/30/86  12/10/87, 52 FR
 Company.                                                                46764.
Tennessee Eastman Company.......  n/a.................         1/06/88  10/12/88, 53 FR
                                                                         39742.
Variance for Averaging Times for  n/a.................         1/06/88  6/23/88, 53 FR       5 sources.
 VOC Emission.                                                           23624.
Avco Aerostructures.............  n/a.................         2/25/88  1/23/89, 54 FR 3031
Miscellaneous Metal Parts.......  n/a.................         4/05/99  11/5/99, 64 FR       13 sources.
                                                                         60346.
Nissan Manufacturing Corporation  n/a.................         4/29/91  9/09/91, 56 FR
                                                                         45896.
Tenneco Energy..................  045022F, 045025F....         5/31/96  7/24/96, 61 FR
                                                                         38391.
Brunswick Marine Corporation....  044881P, 045012P,            5/31/96  7/21/97, 62 FR
                                   045013P.                              38909.
Metalico College Grove, Inc.....  n/a.................         5/12/99  7/12/99, 64 FR
                                                                         37411.
Refined Metals, Inc.............  n/a.................  ..............  9/20/00, 65 FR
                                                                         56796.
----------------------------------------------------------------------------------------------------------------

    (e) EPA-Approved Tennessee Non-Regulatory Provisions

                                EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                      Applicable
   Name of non-regulatory SIP        geographic or      State effective    EPA approval date      Explanation
            provision             nonattainment area         date
----------------------------------------------------------------------------------------------------------------
Revision to Maintenance Plan      Knox County, TN...  July 16, 2003.....  2/4/04, 69 FR 4856
 Update for Knox County,
 Tennessee.
Attainment Demonstrations for     Chattanooga,        12/31/04..........  8/26/05, 70 FR
 Early Action Compact Areas.       Nashville, and                          50199.
                                   Tri-Cities Early
                                   Action Compact
                                   Areas
8-Hour Ozone Maintenance plan     Montgomery County.  08/10/05..........  09/22/05, 70 FR
 for the Montgomery County,                                                55559.
 Tennessee area.
Nashville 1-Hour Ozone            Nashville 1-Hour    06/11/05..........  01/03/06, 71 FR 21
 Maintenance Plan.                 Ozone Maintenance
                                   Area.
Carbon Monoxide Second 10-Year    Memphis/Shelby....  5/10/06...........  10/25/06, 71 FR
 Maintenance Plan for the                                                  62384.
 Memphis/Shelby County Area.
----------------------------------------------------------------------------------------------------------------


[64 FR 35012, June 30, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2220, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Effective Date Note: At 74 FR 30237, June 25, 2009, Sec. 52.2220 
was amended by revising the entry for Section 25.0, effective August 24,

[[Page 786]]

2009. For the convenience of the user, the revised text is set forth as 
follows:



Sec. 52.2220  Identification of plan.

                                * * * * *

    (c) * * *

                                 Table 3--EPA Approved Knox County, Regulations
----------------------------------------------------------------------------------------------------------------
                                                           State
      State citation               Title/subject         effective      EPA approval date        Explanation
                                                            date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 25.0..............  Permits...................  January 16,  June 25, 2009 [Insert
                                                               2008   citation of
                                                                      publication]
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

                                * * * * *



Sec. 52.2221  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Eastern Tennessee-Southwestern Virginia Interstate...           I          I       III       III           III
Tennessee River Valley-Cumberland Mountains                     I          I       III       III           III
 Intrastate..........................................
Middle Tennessee Intrastate..........................           I         II       III       III             I
Western Tennessee Intrastate.........................           I        III       III       III           III
Chattanooga Interstate...............................           I         II       III       III           III
Metropolitan Memphis Interstate......................           I        III       III       III             I
----------------------------------------------------------------------------------------------------------------


[37 FR 10894, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]



Sec. 52.2222  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Tennessee's plans for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds the plans thus far submitted satisfy all 
requirements of Part D, Title I, of the Clean Air Act as amended in 
1977, except as noted below.

In addition, continued satisfaction of the requirements of Part D for 
the ozone portion of the SIP depends on the adoption and submittal of 
RACT requirements by July 1, 1980, for the sources covered by CTGs 
issued between January 1978 and January 1979 and on adoption and 
submittal by each subsequent January of additional RACT requirements for 
sources covered by CTGs issued by the previous January.
    (b) New source review permits issued pursuant to section 173 of the 
Clean Air Act will not be deemed valid by EPA unless the provisions of 
Section V of the emission offset interpretative rule (Appendix S of 40 
CFR part 51) are met.
    (c) EPA approves Nashville/Davidson County, Tennessee's VOC 
Regulation No. 7, Section 7-1(11), which replaces the definition of 
Volatile Organic Compound (VOC) with a definition for VOC that is 
consistent with the EPA approved definition. The EPA approved definition 
defines VOC as any organic compound that participates in atmospheric 
photochemical reactions. However, it excludes organic compounds which 
have negligible photochemical

[[Page 787]]

reactivity. These compounds are as follows: methane, ethane, methyl 
chloroform (1,1,1-trichloroethane), CFC-113 (trichlorotrifluoroethane), 
methylene chloride, CFC 11 (trichlorofluoromethane), CFC-12 
(dichlorodifluoromethane), CFC-22 (chlorodifluoromethane), FC-23 
(trifluoromethane), CFC-114 (dichlorotetrafluoroethane), CFC-115 
(chloropentafluoroethane). It is also our understanding that by adopting 
the EPA approved definition, Nashville/Davidson County, Tennessee will 
use EPA approved test methods for VOC.

[45 FR 53817, Aug. 13, 1980, as amended at 54 FR 4021, Jan. 27, 1989; 55 
FR 18726, May 4, 1990]



Sec. 52.2223  Compliance schedules.

    (a) Federal compliance schedules--State program. (1) Except as 
provided in paragraph (a)(5) of this section, the owner or operator of 
any boiler or furnace of more than 250 million Btu per hour heat input 
subject to the requirements of Chapter 1200-3-14 of the Rules and 
Regulations of Tennessee as contained in the Tennessee implementation 
plan, shall notify the Administrator, no later than January 1, 1974, of 
his intent to utilize either low-sulfur fuel or stack gas 
desulfurization to meet these requirements.
    (2) Any owner or operator of a stationary source subject to 
paragraph (a)(1) of this section who elects to utilize low-sulfur fuel 
shall be subject to the following compliance schedule:
    (i) January 31, 1974: Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with the applicable regulation on July 1, 1975, and 
for at least one year thereafter.
    (ii) March 31, 1974: Sign contracts with fuel suppliers for fuel 
requirements as projected above.
    (iii) April 30, 1974: Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (iv) May 31, 1974: Let contracts for necessary boiler modifications, 
if applicable.
    (v) October 31, 1974: Initiate onsite modifications, if applicable.
    (vi) June 1, 1975: Complete onsite modifications, if applicable.
    (vii) July 1, 1975: Achieve compliance with the requirements of 
Chapter 1200-3-14 of the Rules and Regulations of Tennessee and certify 
compliance to the Administrator.
    (viii) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed on 
or before July 1, 1975. Ten days prior to such a test, notice must be 
given to the Administrator to afford him the opportunity to have an 
observer present.
    (ix) Five days after the deadline for completing increments (a)(2) 
(ii) through (vi) in this section certification as to whether the 
increments were met shall be made to the Administrator.
    (3) Any owner or operator of a stationary source subject to 
paragraph (a)(1) of this section who elects to utilize stack gas 
desulfurization shall be subject to the following compliance schedule:
    (i) January 31, 1974--Submit to the Administrator a final control 
plan, which describes at a minimum the steps which will be taken by the 
source to achieve compliance with the applicable regulations.
    (ii) February 28, 1974--Negotiate and sign all necessary contracts 
for emission-control systems or process modification, or issue orders 
for the purchase of component parts to accomplish emission control or 
process modification.
    (iii) May 1, 1974--Initiate onsite construction or installation of 
emission-control equipment or process modification.
    (iv) May 1, 1975--Complete onsite construction or installation of 
emission control equipment or process modification.
    (v) July 1, 1975--Achieve compliance with the requirements of 
Chapter 1200-3-14 of the Rules and Regulations of Tennessee and certify 
compliance to the Administrator.
    (vi) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed on 
or before July 1,

[[Page 788]]

1975. Ten days prior to such a test, notice must be given to the 
Administrator to afford him the opportunity to have an observer present.
    (vii) Five days after the deadline for completing increments (a)(3) 
(ii) through (iv) in this section, certification as to whether the 
increments were met shall be made to the Administrator.
    (4) Except as provided in paragraph (a)(5) of this section, the 
owner or operator of any stationary source subject to the requirements 
of Chapter 1200-3-14 of the Rules and Regulations of Tennessee as 
contained in the Tennessee implementation plan, shall comply with the 
following compliance schedule:
    (i) November 15, 1973: Submit to the Administrator a final control 
plan, which describes at a minimum the steps which will be taken by the 
source to achieve compliance with the applicable regulations.
    (ii) January 1, 1974: Negotiate and sign all necessary contracts for 
emission control systems or process modifications, or issue orders for 
the purchase of component parts to accomplish emission control or 
process modification.
    (iii) February 1, 1974: Initiate onsite construction or installation 
of emission control equipment or process modification.
    (iv) May 1, 1975: Complete onsite construction or installation of 
emission control equipment or process modification.
    (v) July 1, 1975: Achieve compliance with the applicable regulations 
and certify such compliance to the Administrator.
    (vi) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed on 
or before July 1, 1975. Ten days prior to such a test, notice must be 
given to the Administrator to afford him the opportunity to have an 
observer present.
    (vii) Five days after the deadline for completing increments 
(a)(4)(ii) through (iv) in this section certification as to whether the 
increments were met shall be made to the Administrator.
    (5) (i) None of the above paragraphs shall apply to a source which 
is presently in compliance with applicable regulations and which has 
certified such compliance to the Administrator by October 1, 1973. The 
Administrator may request whatever supporting information he considers 
necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Administrator no later than October 1, 1973, 
a proposed alternative compliance schedule. No such compliance schedule 
may provide for final compliance after the final compliance date in the 
applicable compliance schedule of this paragraph. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (6) The compliance schedules in paragraphs (a)(2) and (3) of this 
section shall not excuse a source from complying with any interim 
emission limitations on the date prescribed in the Tennessee air 
pollution control regulation listed in paragraph (a)(1) of this section.
    (7) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedules in the above paragraphs of this paragraph 
fail to satisfy the requirements of Sec. Sec. 51.261 and 51.262(a) of 
this chapter.
    (b) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (c) [Reserved]
    (d) The compliance schedules for the sources identified below are 
disapproved as not meeting the requirements of Subpart N of this 
chapter. All regulations cited are air pollution control regulations of 
the State or those of a local air pollution control agency as noted.
    (1) State compliance schedules:

[[Page 789]]



----------------------------------------------------------------------------------------------------------------
                                                                    State regulation
                Source                         Location                 involved             Date of adoption
----------------------------------------------------------------------------------------------------------------
Burlington Industries, Inc. (State     Washington County, Tenn  Ch. 6, sec. 4..........  Mar. 20, 1973.
 order No. 7-0073).
Monsanto Co., kilns Nos. 1 and 2       Maury County, Tenn.....  Ch. 7, sec. 8..........   Do.
 (State order No. 8-0073).
Monsanto Co., kiln No. 3 (State order  ......do...............  Ch. 7, sec. 8..........   Do.
 No. 20-0073).
Stauffer Chemical Co.................  ......do...............  Ch. 7, sec. 8..........   Do.
Tennessee Eastman Co.:
  (a) Bldg. 267: Chem. A, vent 1-A     Sullivan County, Tenn..  Ch. 7, sec. 8..........   Do.
   (State order No. 15-0073).
  (b) Bldg. 267: Chem. B, vent 1-A     ......do...............  Ch. 7, sec. 8..........   Do.
   (State order No. 25-0073).
  (c) Bldg. 267: Chem. C, vent 1-A     ......do...............  Ch. 7, sec. 8..........   Do.
   (State order No. 26-0073).
  (d) Bldg. 267: Chem. D, vent 1-A     ......do...............  Ch. 7, sec. 8..........   Do.
   (State order No. 17-0073).
  (e) Bldg. 267: Chem. E, vent 1-A,    ......do...............  Ch. 7, sec. 8..........   Do.
   (State order No. 16-0073).
  (f) B3A-1 (State order No. 18-0073)  ......do...............  Ch. 7, sec. 8..........   Do.
  (g) B13-1 (State order No. 19-0073)  ......do...............  Ch. 7, sec. 8..........   Do.
  (h) B13-3 (State order No. 24-0073)  ......do...............  Ch. 7, sec. 8..........   Do.
----------------------------------------------------------------------------------------------------------------

    (e) Federal compliance schedules--Local programs. (1) Except as 
provided in paragraph (e)(16) of this section, the owner or operator of 
any stationary source subject to the following emission limiting 
regulations of the Knox County Air Pollution Control Regulations and the 
City of Memphis Air Pollution Control Code and Shelby County Air 
Pollution Control Code contained as part of the Tennessee implementation 
plan shall comply with the compliance schedule in paragraph (e)(2) of 
this section: Knox County Air Pollution Control Regulations, Sections 
18.2C; 19.4B; 20.1D; and 23.1; City of Memphis Air Pollution Control 
Code and Shelby County Air Pollution Control Code Section 3-24(d).
    (2) Compliance schedule. (i) October 1, 1973--Submit to the 
Administrator a final control plan, which describes at a minimum the 
steps which will be taken by the source to achieve compliance with the 
applicable regulations.
    (ii) December 1, 1973--Negotiate and sign all necessary contracts 
for emission control systems or process modifications, or issue orders 
for the purchase of component parts to accomplish emission control or 
process modification.
    (iii) January 1, 1974--Initiate onsite construction or installation 
of emission control equipment or process modification.
    (iv) May 1, 1975--Complete onsite construction or installation of 
emission control equipment or process modification.
    (v) July 1, 1975--Achieve compliance with the applicable regulations 
and certify such compliance to the Administrator.
    (3) Except as provided in paragraph (e)(16) of this section, the 
owner or operator of any stationary source subject to the following 
emission limiting regulation of the Knox County Air Pollution Control 
Regulations contained as part of the Tennessee implementation plan shall 
comply with the compliance schedule in paragraph (e)(4) of this section: 
Knox County Air Pollution Control Regulations, Section 19.2C.
    (4) Compliance schedule. (i) October 1, 1973--Submit to the 
Administrator a final control plan, which describes at a minimum the 
steps which will be taken by the source to achieve compliance with the 
applicable regulations.
    (ii) December 1, 1973--Negotiate and sign all necessary contracts 
for emission control systems or process modifications, or issue orders 
for the purchase of component parts to accomplish emission control or 
process modification.
    (iii) January 1, 1974--Initiate onsite construction or installation 
of emission control equipment or process modification.
    (iv) May 1, 1975-Complete onsite construction or installation of 
emission control equipment or process modification.

[[Page 790]]

    (v) June 1, 1975--Achieve compliance with the applicable regulations 
and certify such compliance to the Administrator.
    (5) Except as provided in paragraph (e)(16) of this section, the 
owner or operator of any boiler or furnace of more than 250 million Btu 
per hour heat input subject to the requirements of Knox County Air 
Pollution Control Regulations, section 18.4B; and City of Memphis Air 
Pollution Control Code and Shelby County Air Pollution Control Code, 
Section 3-24(b), contained as part of the Tennessee implementation plan 
shall notify the Administrator no later than October 1, 1973, of his 
intent to utilize either low-sulfur fuel or stack gas desulfurization to 
meet these requirements.
    (6) Any owner or operator of a stationary source subject to 
paragraph (e)(5) of this section who elects to utilize low-sulfur fuel 
shall be subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with the applicable regulation on July 1, 1975, and 
for at least one year thereafter.
    (ii) December 31, 1973--Sign contracts with fuel suppliers for fuel 
requirements as projected above.
    (iii) January 31, 1974--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (iv) March 15, 1974--Let contracts for necessary boiler 
modifications, if applicable.
    (v) June 15, 1974--Initiate onsite modifications, if applicable.
    (vi) March 31, 1975--Complete onsite modifications, if applicable.
    (vii) July 1, 1975--Achieve compliance with the requirements of Knox 
County Air Pollution Control Regulations, section 18.4B and City of 
Memphis Air Pollution Control Code and Shelby County Air Pollution 
Control Code Section 3-24 (b) and certify such compliance to the 
Administrator.
    (7) Any owner or operator of a stationary source subject to 
paragraph (e)(5) of this section who elects to utilize stack gas 
desulfurization shall be subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a final control 
plan, which describes at a minimum the steps which will be taken by the 
source to achieve compliance with the applicable regulation.
    (ii) January 1, 1974--Negotiate and sign all necessary contracts for 
emission control systems or process modification, or issue orders for 
the purchase of component parts to accomplish emission control or 
process modification.
    (iii) February 1, 1974--Initiate onsite construction or installation 
of emission control equipment or process modification.
    (iv) May 1, 1975--Complete onsite construction or installation of 
emission control equipment or process modification.
    (v) July 1, 1975--Achieve compliance with the applicable regulation 
and certify such compliance to the Administrator.
    (8) Except as provided in paragraph (e)(16) of this section, the 
owner or operator of any stationary source subject to the following 
emission limiting regulation of the Hamilton County Air Pollution 
Control Regulations contained as part of the Tennessee implementation 
plan shall comply with the compliance schedule in paragraph (e)(9) of 
this section: Hamilton County Air Pollution Control Regulations, rule 10 
(particulate emissions from process operations).
    (9) Compliance schedule. (i) September 15, 1973--Submit to the 
Administrator a final control plan, which describes at a minimum the 
steps which will be taken by the source to achieve compliance with the 
applicable regulations.
    (ii) November 1, 1973--Negotiate and sign all necessary contracts 
for emission control systems or process modifications, or issue orders 
for the purchase of component parts to accomplish emission control or 
process modification.
    (iii) December 1, 1973--Initiate onsite construction or installation 
of emission control equipment or process modifications.

[[Page 791]]

    (iv) June 1, 1974--Complete onsite construction or installation of 
emission control equipment or process modification.
    (v) July 1, 1974--Achieve compliance with the applicable 
regulations, and certify such compliance to the Administrator.
    (10) Except as provided in paragraph (e)(16) of this section, the 
owner or operator of any process (non-fuel burning) source of sulfur 
dioxide subject to the emission limiting requirements of the Hamilton 
County Air Pollution Control Regulations, rule 13, contained as part of 
the Tennessee implementation plan shall comply with the compliance 
schedule in paragraph (e)(9) of this section.
    (11) Except as provided in paragraph (e)(16) of this section, the 
owner or operator of any boiler or furnace of more than 250 million Btu 
per hour heat input subject to the sulfur dioxide emission limiting 
requirements of the Hamilton County Air Pollution Control Regulations, 
rule 13, contained as part of the Tennessee implementation plan shall 
notify the Administrator, no later than October 1, 1973, of his intent 
to utilize either low-sulfur fuel or stack gas desulfurization to meet 
these requirements.
    (12) Any owner or operator of a fuel burning facility subject to 
paragraph (e)(11) of this section who elects to utilize low-sulfur fuel 
shall be subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with the applicable regulation on July 1, 1974, and 
for at least one year thereafter.
    (ii) December 1, 1973--Sign contracts with fuel suppliers for fuel 
requirements as projected above.
    (iii) January 1, 1974--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (iv) February 1, 1974--Let contracts for necessary boiler 
modifications, if applicable.
    (v) February 15, 1974--Initiate onsite modifications, if applicable.
    (vi) June 15, 1974--Complete onsite modifications, if applicable.
    (vii) July 1, 1974--Achieve compliance with the requirements of 
Hamilton County Air Pollution Control Regulations, rule 13, and certify 
such compliance to the Administrator.
    (13) Any owner or operator of a fuel burning facility subject to 
paragraph (e)(11) of this section who elects to utilize stack gas 
desulfurization shall be subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a final control 
plan, which describes at a minimum the steps which will be taken by the 
source to achieve compliance with the applicable regulations.
    (ii) December 1, 1973--Negotiate and sign all necessary contracts 
for emission control systems or process modifications, or issue orders 
for the purchase of component parts to accomplish emission control or 
process modification.
    (iii) December 15, 1973--Initiate onsite construction or 
installation of emission control equipment or process modification.
    (iv) June 15, 1974--Complete onsite construction or installation of 
emission control equipment or process modification.
    (v) July 1, 1974--Achieve compliance with the applicable 
regulations, and certify such compliance to the Administrator.
    (14) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed by 
the final compliance date in the applicable regulation. Ten days prior 
to such a test, notice must be given to the Administrator to afford him 
the opportunity to have an observer present.
    (15) Any owner or operator subject to a compliance schedule above 
shall certify to the Administrator, within five days after the deadline 
for each increment of progress in that schedule, whether or not the 
increment has been met.
    (16)(i) None of the above paragraphs shall apply to a source which 
is presently in compliance with applicable regulations and which has 
certified such compliance to the Administrator

[[Page 792]]

by October 1, 1973. The Administrator may request whatever supporting 
information he considers necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Administrator no later than October 1, 1973, 
a proposed alternative compliance schedule. No such compliance schedule 
may provide for final compliance after the final compliance date in the 
applicable compliance schedule of this paragraph. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (17) No compliance schedule in this paragraph shall excuse a source 
from complying with an interim emission limitation that is applicable to 
such source.
    (18) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of a compliance schedule in this paragraph fails to satisfy the 
requirements of Sec. Sec. 51.261 and 51.262(a) of this chapter.
    (f) The compliance schedules for the sources identified below are 
approved as meeting the requirements of Subpart N and Sec. 51.6 of this 
chapter. All regulations cited are air pollution control regulations of 
the State or those of a local air pollution control agency as noted.
    (1) Statewide compliance schedules:

                                                                        Tennessee
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location           Regulation involved      Date of adoption        Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aluminum Co. of America, State       Alcoa.................  CH.V-2(b), CH. VII-2..  Oct. 9, 1973.........  Immediately..........  Aug. 9, 1974.
 order No. 79-00073.
American Enka, State order No. 64-
 00073:
    (a) Boilers 1, 2, 3............  Morristown............  CH. V-2(b), CH.VI-2(a)  ......do.............  ......do.............  July 1, 1975.
    (b) Boilers 4, 5, 6............  ......do..............  CH. VI-2(b), CH. VI-    ......do.............  ......do.............  Dec. 30, 1974.
                                                              2(a).
    (c) Boiler 9...................  ......do..............  CH. V-2(b), CH. VI-     ......do.............  ......do.............  June 30, 1974.
                                                              2(a).
Athens Plow Co., State order No. 4-  Athens................  CH. V-2(b), CH. VII-    Mar. 20, 1973........  ......do.............  Aug. 9, 1974.
 00073.                                                       9(b).
Athens Stove Works, State order No.  ......do..............  CH. V-2(b), CH. VII-    June 19, 1973........  ......do.............  July 2, 1974.
 55-0073.                                                     9(b).
Beaunit Fibers, State order No. 56-
 0073:
    (a) Stacks 1 and 2.............  Elizabethton..........  CH. V-2(a)............  ......do.............  ......do.............  Mar. 30, 1975.
    (b) Stack 3....................  ......do..............  CH. VI-2(a), CH. V-     ......do.............  ......do.............  Nov. 30, 1974.
                                                              2(a).
Bedford Lumber Co.:
    State order No. 87-00073.......  Shelbyville...........  CH. V-2(b), CH. VI-     Oct. 9, 1973.........  ......do.............  Mar. 1, 1974.
                                                              2(a)(2).
    State order No. 88-00073.......  ......do..............  CH. V-2(b), CH. VI-     ......do.............  ......do.............  Oct. 9, 1974.
                                                              2(a)(2).
Bristol Foundry & Machine Co.,       Bristol...............  CH. V-2(b), CH. VII-    ......do.............  ......do.............  Nov. 9, 1973.
 State order No. 71-00073.                                    9(b).
Bruce Flooring State order No. 72-   Jackson...............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  Aug. 9, 1974.
 00073.
Burroughs-Ross-Colville Co.:
  State order No. 65-00073: (a)      McMinnville...........  CH. V-2(b), CH. VI-     ......do.............  ......do.............   Do.
   Boiler 1.                                                  2(a)2.
  State order No. 66-00073:
    (a) Collectors C-1, C-3........  ......do..............  CH. V-2(b), CH. VII-    ......do.............  ......do.............   Do.
                                                              2(a).
    (b) Collector C-7..............  ......do..............  CH. V-2(b), CH. VII-    ......do.............  ......do.............  Oct. 1, 1973.
                                                              2(a).
Celotex Corp., State Order No. 61-
 0073:
    (a) Collectors A-1-2, B-3, B-4,  Paris.................  CH. V-2(b), CH. VII-    June 19, 1973........  ......do.............  May 1, 1974.
     and E-22.                                                2(a).

[[Page 793]]

 
    (b) Collectors D-12, D-13, and   ......do..............  CH. V-2(b), CH. VII-    ......do.............  ......do.............  Apr. 1, 1974.
     D-14.                                                    2(a).
    (c) Collectors C-0, C-10, and C- ......do..............  CH. V-2(b), CH. VII-    ......do.............  ......do.............  Oct. 30, 1973.
     11.                                                      2(a).
Clarksville Foundry & Machine Works  Clarksville...........  CH. V-2(b), CH. VII-    Oct. 9, 1973.........  ......do.............  Jan. 30, 1974.
 State order No. 73-00073.                                    9(b).
Dover Corp., State order No. 74-     Middleton.............  CH.V-2(b), CH. VI-2(d)  ......do.............  ......do.............  July 9, 1974.
 00073.
Farrar Construction, State order     McMinnville...........  CH. V-2(b), CH. VII-    ......do.............  ......do.............  Oct. 9, 1973.
 No. 75-00073.                                                9(g).
Harris Manufacturing Co., State      Johnson City..........  CH.V-2(b), CH. VII-     June 19, 1973........  ......do.............  June 1, 1974.
 order No. 62-0073.                                           2(a).
Holston Army Ammunition Plant,       Kingsport.............  CH.V-2(b), CH. VI-2(a)  Oct. 9, 1973.........  ......do.............  July 1, 1975.
 State order No. 67-00073.
Kingsport Foundry & Manufacturing    ......do..............  CH.V-2(b), CH. VII-     June 19, 1973........  ......do.............  Feb. 28, 1974.
 Corp., State order No. 57-0073.                              9(b).
Koh-i-noor Radiograph, Inc., State   Lewisburg.............  CH.V-2(b), CH. VII-     ......do.............  ......do.............  Mar. 29, 1974.
 order No. 58-0073.                                           2(a).
Lenoir Car Works, State order No.    Lenoir City...........  CH. V-2(b), CH. VII-2.  Oct. 9, 1973.........  ......do.............  Dec. 9, 1973.
 76-00073.
Marquette Cement Manufacturing Co.,  Cowan.................  CH. V-2(b), CH. VII-2.  Mar. 20, 1973........  ......do.............  Aug. 9, 1974.
 State order No. 5-0073.
Mead Corp., State order No. 59-0073  Kingsport.............  CH. V-2(b), CH. VI-     June 19, 1973........  ......do.............  July 1, 1975.
                                                              2(a)(1).
Monsanto Co., State order No. 6-
 0073:
    (a) Source 4...................  Columbia..............  CH. V-2, CH. VII-2....  Mar. 20, 1973........  ......do.............  Mar. 9, 1974.
    (b) Source 5...................  ......do..............  CH. V-2, CH. VII-2....  ......do.............  ......do.............  Dec. 9, 1973.
Royal Oak Charcoal Co.:
  State order No. 77-00073.........  Jamestown.............  CH.V-2(b), CH. VII-2..  Oct. 9, 1973.........  ......do.............  July 31, 1974.
  State order No. 78-00073.........  ......do..............  CH. V-2(b), CH.VII-2..  ......do.............  ......do.............  Mar. 1, 1974.
Stokely-Van Camp, Inc., State order  Tellico Plains........  CH.V-2(b), CH. VI-      June 19, 1973........  ......do.............  Jan. 30, 1974.
 No. 63-0073.                                                 2(a)(2).
Tennessee Asphalt Co., State order   LaFollette............  CH.V-2(b), CH. VII-     Oct. 9, 1973.........  ......do.............  Dec. 30, 1973.
 No. 79-00073.                                                9(g).
Tennessee Eastman Co.:
  State order No. 80-00073.........  Kingsport.............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  June 1, 1974.
  State order No. 81-00073.........  ......do..............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  Aug. 9, 1974.
  State order No. 82-00073.........  ......do..............  CH.V-2(b), CH. VII-2..  ......do.............  ......do.............  Nov. 1, 1974.
  State order No. 83-00073.........  ......do..............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  July 1, 1975.
  State order No. 84-00073:
    (a) Units 18-22................  ......do..............  CH. V-2(b), CH.VI-      ......do.............  ......do.............  Mar. 1, 1974.
                                                              2(a)(1).
    (b) Units 11-17................  ......do..............  CH. VI-2(b), CH. VI-    ......do.............  ......do.............  June 1, 1975.
                                                              2(a)(1).
Tennessee Forging Steel Co., State   Harriman..............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  Oct. 30, 1973.
 order No. 85-00073.
Tennessee Metallurgical, State
 order No. 89-00073:
    (a) Furnace No. 2..............  Kimball...............  CH.V-2(b), CH. VII-2..  ......do.............  ......do.............  Mar. 1, 1974.
    (b) Furnace No. 1..............  ......do..............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  Jan. 15, 1974.
Union Carbide Corp., State order     Columbia..............  CH. V-2(b), CH. VII-2.  ......do.............  ......do.............  Aug. 9, 1974.
 No. 86-00073.
United States Stove Co., State       South Pittsburg.......  CH.V-2(b).............  Mar. 20, 1973........  ......do.............  Feb. 9, 1974.
 order No. 3-0073.
Aluminum Co. of America, sources 22  Alcoa.................  Ch. V, sec. II.B......  Nov. 28, 1973........  ......do.............  July 9, 1974.
 and 23 (carbon anode baking).

[[Page 794]]

 
Berkline Corp., plant No. 1,         Morristown............  Ch. V. sec. II. B; ch.  ......do.............  ......do.............  June 9, 1974.
 collector No. 6.                                             VII, sec. II.
E. I. du Pont: 4 steam boilers,      New Johnsonville......  Ch. V, sec. II. B; ch.  Feb. 6, 1974.........  ......do.............  June 30, 1975.
 particulate emissions, SO2                                   V, sec. II.A(2).
 emissions.
Industrial Products Co., Inc.:       Mt. Pleasant..........  Ch. V, sec. II.B; ch.   Nov. 28, 1973........  ......do.............  Jan. 1, 1974.
 Control equipment.                                           VII, sec. II.
Interstate Foundry & Machine Co.:    Johnson City..........  Ch. V, sec. II. B; ch.  ......do.............  ......do.............  Feb. 9, 1974.
 Cupola.                                                      VII, sec. IX.B.
Laminite Plastics Corp.: Moldow      Morristown............  Ch. V, sec. II. B; ch.  ......do.............  ......do.............  Apr. 30, 1974.
 system (phase I only).                                       VII, sec. II.
Lea Industries:
  Plant No. 4; process emissions...  ......do..............  ......do..............  ......do.............  ......do.............  Jan. 1, 1974.
  Plant No. 5; process emissions...  ......do..............  ......do..............  ......do.............  ......do.............  Aug. 9, 1974.
  Plant No. 6; process emissions...  ......do..............  ......do..............  ......do.............  ......do.............   Do.
  Plant No. 6, boiler..............  ......do..............  Ch. V.................  ......do.............  ......do.............  Feb. 1, 1974.
Lewisburg Casting Co., Inc.: Cupola  Lewisburg.............  ......do..............  Nov. 28, 1979........  ......do.............  June 9, 1974.
A. B. Long Quarries, Inc.:           Harriman..............  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  Mar. 30, 1974.
 Limestone quarry and crusher.                                VII, sec. II: ch.
                                                              VIII.
Monsanto Industrial Chemical Co....  Columbia..............  Ch. VII...............  Feb. 6, 1973.........  ......do.............  July 1, 1975.
Plough, Inc.: Boiler...............  Shelbyville...........  Ch. V, sec. II. B; ch.  ......do.............  ......do.............  May 30, 1974.
                                                              VI, sec. II.A(2).
Powermatic-Houdaille, Inc.: Two No.  McMinnville...........  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  Aug. 9, 1974.
 5 cupolas.                                                   VII, sec. II.
Royal Oak Charcoal Co.: Kilns 1, 2,  Cookeville............  ......do..............  ......do.............  ......do.............   Do.
 3, 4, 5.
Don P. Smith Chair Co.: Drying kiln  Loudin................  ......do..............  ......do.............  ......do.............  June 30, 1974.
Temple Industries: Conical burner..  Savannah..............  Ch. V, sec. II. B; ch.  ......do.............  ......do.............  Apr. 30, 1974.
                                                              VI, sec. II.D.
Tennlite, Inc.: Two rotary kilns...  Green Brier...........  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  July 30, 1974.
                                                              VII, sec. II.
Tenn. Asphalt Co. & Road Builders,   Cumberland City.......  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  Dec. 17, 1974.
 Inc.: Asphalt batching plant.                                VII, secs. II and IX,
                                                              G; ch. VIII.
Vulcan Materials Co.: Rock quarry..  Emory Gap.............  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  Mar. 31, 1974.
                                                              VII, sec. II; ch.
                                                              VIII.
 Do................................  Savannah..............  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  June 21, 1974.
                                                              VII, sec. II; ch.
                                                              VIII.
 Do................................  Parsons...............  Ch. V, sec. II.B; ch.   ......do.............  ......do.............  Feb. 18, 1974.
                                                              VII, sec. II; ch.
                                                              VIII.
Cities Service (41-0073)...........  Copperhill............  Ch. VII, sec. 8.......  June 19, 1973........  ......do.............  July 1, 1975.
Cities Service (42-0073)...........  ......do..............  Ch. VII, sec. 8.......  ......do.............  ......do.............   Do.
Penn Dixie Cement..................  Kingsport.............  Ch. VII, sec. 2.......  Oct. 9, 1973.........  ......do.............   Do.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (2) Chattanooga-Hamilton County compliance schedules:

                                                                        Tennessee
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location           Regulation involved      Date of adoption        Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chattanooga Public Schools:
  (a) Elbert Long School...........  Chattanooga...........  Sec. 9(8).............  Feb. 8, 1973.........  Immediately..........  July 1, 1974.
  (b) Charles A. Bell School.......  ......do..............  Sec. 9(8).............  ......do.............  ......do.............   Do.

[[Page 795]]

 
  (c) G. Russel Brown School.......  ......do..............  Sec. 9(8).............  ......do.............  ......do.............   Do.
  (d) Calvin Donaldwon School......  ......do..............  Sec. 9(8).............  ......do.............  ......do.............   Do.
  (e) East Chattanooga School......  ......do..............  Sec. 9(8).............  ......do.............  ......do.............   Do.
  (f) Highland Park School.........  ......do..............  Sec. 9(8).............  ......do.............  ......do.............   Do.
  (g) Normal Park School...........  ......do..............  Sec. 9(8).............  ......do.............  ......do.............   Do.
  (h) Piney Woods School...........  ......do..............  Sec. 9(8).............  ......do.............  ......do.............   Do.
  (i) Ridgedale School.............  ......do..............  Sec. 9(8).............  ......do.............  ......do.............   Do.
  (j) Frank H. Trotter School......  ......do..............  Sec. 9(8).............  ......do.............  ......do.............   Do.
  (k) Woodmore School..............  ......do..............  Sec. 9(8).............  ......do.............  ......do.............   Do.
  (l) Rivermont School.............  ......do..............  Sec. 9(8).............  ......do.............  ......do.............   Do.
  (m) St. Elmo School..............  ......do..............  Sec. 9(8).............  ......do.............  ......do.............   Do.
E.I. du Pont de Nemours & Co.:
  (a) Nylon 66 evaporator Nos. 1-5.  ......do..............  Sec. 9................  ......do.............  ......do.............   Do.
  (b) Nylon auto clave Nos. 1-17...  ......do..............  Sec. 9................  ......do.............  ......do.............   Do.
  (c) Continuous polymerization      ......do..............  Sec. 9................  ......do.............  ......do.............   Do.
   lines I-III.
  (d) Continuous polymerization      ......do..............  Sec. 9................  ......do.............  ......do.............  Sept. 1, 1973.
   line IV.
  (e) Lindburg furnace type 364830-  ......do..............  Sec. 9................  ......do.............  ......do.............  Aug. 1, 1973.
   E12-S.
  (f) Lindburg furnace type 243624-  ......do..............  Sec. 9................  ......do.............  ......do.............  Feb. 1, 1974.
   E12-S.
  (g) Trent furnace model 862640A..  ......do..............  Sec. 9................  ......do.............  ......do.............  Mar. 1, 1974.
  (h) Lindburg furnace type 364830-  ......do..............  Sec. 9................  ......do.............  ......do.............  Apr. 1, 1974.
   E12-S.
  (i) Riley boiler.................  ......do..............  Sec. 9................  ......do.............  ......do.............  July 1, 1974.
  (j) B & W boiler.................  ......do..............  Sec. 9................  ......do.............  ......do.............   Do.
General Tire Service...............  ......do..............  Sec. 9................  ......do.............  ......do.............  Jan. 31, 1974.
Randolph Manufacturing Co., Inc....  ......do..............  Sec. 9................  ......do.............  ......do.............   Do.
Southern Foundry Supply, Inc.......  ......do..............  Sec. 9................  ......do.............  ......do.............  Mar. 31, 1973.
Tennessee Awning & Tent Co.........  ......do..............  Sec. 9................  Feb. 9, 1973.........  ......do.............  June 1, 1973.
United States Pipe & Foundry Co....  ......do..............  Sec. 9................  Feb. 8, 1973.........  ......do.............  Nov. 1, 1973.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (3) Memphis-Shelby County compliance schedules:

                                                                        Tennessee
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location           Regulation involved      Date of adoption        Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Desoto Hardwood Flooring Co.: Phase  Chattanooga...........  Sec. 9................  Apr. 5, 1973.........  Immediately..........  May 1, 1974.
 1.
Wabash, Inc.: Phase 1..............  ......do..............  Secs. 3-17, 3-20......  ......do.............  ......do.............  Apr. 1, 1974.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (4) Nashville-Davidson County compliance schedules:

                                                                        Tennessee
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location           Regulation involved      Date of adoption        Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bruce Flooring.....................  Nashville.............  Sec. 4-1-9............  Feb. 7, 1973.........  Immediately..........  Dec. 31, 1973.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[38 FR 16169, June 20, 1973, as amended at 38 FR 22748, Aug. 23, 1973; 
38 FR 24341, 24342, Sept. 7, 1973; 40 FR 3445, Jan. 22, 1975; 40 FR 
3570, Jan. 23, 1975; 42 FR 10995, Feb. 25, 1977; 51 FR 40676, 40677, 
Nov. 7, 1986; 52 FR 24367, June 30, 1987; 54 FR 25258, June 14, 1989]

[[Page 796]]



Sec. 52.2224  Legal authority.

    (a) The requirements of Sec. 51.230(c) of this chapter are not met 
since the plan does not provide the legal authority for controlling 
motor vehicles during air pollution emergency episodes.
    (b) The requirements of Sec. 51.230(d) of this chapter are not met 
since statutory authority to prevent construction, modification, or 
operation of a facility, building, structure, or installation, or 
combination thereof, which indirectly results or may result in emissions 
of any air pollutant at any location which will prevent the maintenance 
of a national air quality standard is not adequate.
    (c)(1) The requirements of Sec. 51.230(b) of this chapter are not 
met since the definition of person set forth in the Tennessee Air 
Quality Act and in the State implementation plan does not include 
facilities owned or operated by the State. Therefore, section 53-3409(f) 
of the Tennessee Code Annotated and section 30 of Chapter II of the 
Tennessee Air Pollution Control Regulations are disapproved.
    (2) Definition of person. For the purposes of the plan, person shall 
mean any individual, partnership, copartnership, firm, company, 
corporation, association, joint stock company, trust, estate, State-
owned or operated facility, State agency, political subdivision, or any 
other legal entity, or their legal representatives, agents, or assigns.
    (d) The requirements of Sec. 51.230(b) of this chapter are not met 
since the State lacks legal authority, as a result of the enactment of 
House Bill 1490 by the 1974 Tennessee legislature, to control emissions 
from the quarrying and processing of agricultural limestone. Therefore, 
section 53-3424 of the Tennessee Code Annotated is disapproved.
    (e) The requirements of Sec. 51.230(b) of this chapter are not met 
since the State lacks legal authority, as a result of the enactment of 
House Bill 1845 by the 1974 Tennessee legislature, to control emissions 
from air contaminant sources which use woodwaste only as fuel. 
Therefore, the last sentence of section 53-3422 of the Tennessee Code 
Annotated is disapproved.

[37 FR 10894, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2224, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.2225  VOC rule deficiency correction.

    (a) Revisions to sections 7-3, 7-13, and 7-24 of the Tennessee 
regulations are approved. These amendments are in response to the Clean 
Air Act section 182(a)(2)(A) requirement to submit RACT rules correcting 
deficiencies in the existing SIP in accordance with EPA's pre-amendment 
guidance. These deficiencies were first noted in a letter from Greer 
Tidwell, the EPA Region IV Administrator, to Governor McWherter on May 
26, 1988, and clarified in a letter dated June 10, 1988, from Winston 
Smith, EPA Region IV Air Division Director, to Paul Bontrager, Director 
of the Air Pollution Control Division of the Metropolitan Health 
Department for Nashville/Davidson County, and were further identified in 
EPA guidance including the Blue Book and the proposed Post-87 policy. 
The following deficiency in the Tennessee Regulations, however, has not 
been corrected.
    (1) Section 7-25, ``Recordkeeping and Reporting Requirements'' 
Nashville/Davidson County committed in a letter dated May 7, 1991, to 
include a separate provision that requires records to be maintained for 
at least two years. This additional provision, which is scheduled for a 
July 15, 1992, public hearing, will be submitted to EPA shortly after 
that date and will be acted upon separately.
    (2) In Section 7-3, Petition for Alternative Controls, the words 
``as applied'' should be added to the term ``VOC/gallon solids'' as a 
clarification.
    (3) The term ``vapor-tight'' should be defined in section 7-13.
    (4) ``Once-in/always-in'' is missing from the applicability section 
of the individual rules.
    (5) Section 7-25, ``Recordkeeping and Reporting Requirements'' 
should be revised to include additional requirements that would contain: 
units of compliance consistent with the performance requirements; 
applicable time periods for data entries; and a clear, separate 
provision that requires records to be kept.

[[Page 797]]

    (b)-(c) [Reserved]

[56 FR 10173, Mar. 11, 1991, as amended at 57 FR 28626, June 26, 1992; 
59 FR 18317, Apr. 18, 1994; 60 FR 10508, Feb. 27, 1995; 61 FR 37390, 
July 18, 1996]



Sec. 52.2226  Extensions.

    The Administrator hereby extends for 18 months (until July 1, 1980) 
the statutory deadline for submittal of a plan to attain the secondary 
SO2 standard in Copperhill.
    (a) [Reserved]
    (b) The Administrator hereby extends for 18 months (until July 1, 
1980) the statutory timetable for submittal of Tennessee's plans to 
attain and maintain the secondary ambient standard for particulate 
matter in the Chattanooga, Columbia, Kingsport, Memphis, and Nashville 
nonattainment areas (40 CFR 81.343).

[45 FR 2034, Jan. 10, 1980, as amended at 45 FR 8008, Feb. 6, 1980]



Sec. 52.2227  Prevention of air pollution emergency episodes.

    (a) The requirements of Sec. 51.152(a) of this chapter are not met 
since the plan does not provide for the enforcement of emission control 
actions for mobile sources during air pollution emergency episodes.

[37 FR 10895, May 31, 1972, as amended at 51 FR 40677, Nov. 7, 1986]



Sec. 52.2228  Review of new sources and modifications.

    (a) Part D--Conditional approval. The Nashville-Davidson County 
regulation for the review of new sources and modifications in 
nonattainment areas is approved on condition that the State by October 
31, 1984, submit a revision limiting source shutdown credit for offsets 
to replacement units, and, in the interim, assure implementation of the 
regulation in conformity with Federal requirements.
    (b) Section 123--Conditional approval. The plan's provision for 
implementation of the requirements of section 123 of the Clean Air Act 
in Nashville-Davidson County is approved on condition that the State by 
October 31, 1984, submit:
    (1) Definitions in the local regulation of nearby and excessive 
concentration and
    (2) Provision in the local regulation for public notification and 
opportunity for hearing in cases where stack heights in excess of normal 
good engineering practice are proposed on the basis of fluid modeling 
demonstrations, and, in the interim, assure implementation of the local 
regulation in conformity with Federal requirements.
    (c) The State of Tennessee proposed to delete section 1200-3-18-.03 
``Standard for New Sources'' from the Tennessee State Implementation 
Plan (SIP) and the Memphis-Shelby County portion of the Tennessee SIP. 
EPA is disapproving the deletion of this rule for the Tennessee SIP 
because Tennessee does not have federally approved New Source Review 
(NSR) regulations which apply to some of the sources in this chapter. 
EPA is approving the deletion of this rule for the Memphis submittal 
because the federally approved TN NSR applies to the Memphis-Shelby 
County area.
    (d) The State of Tennessee proposed to delete rule 1200-3-18-.03 
``Standard for New Sources'' from the Tennessee State Implementation 
Plan (SIP). In paragraph (e) of this section, EPA disapproved the 
deletion of this rule because Tennessee did not have federally approved 
New Source Review (NSR) regulations that applied to some of the sources 
in this chapter. EPA is hereby approving the deletion of section 1200-3-
18-.03 of the Tennessee SIP, and is deleting EPA's earlier disapproval 
in paragraph (e) of this section.

[39 FR 7284, Feb. 25, 1974, as amended at 48 FR 50080, Oct. 31, 1983; 50 
FR 32413, Aug. 12, 1985; 51 FR 40677, Nov. 7, 1986; 59 FR 18317, Apr. 
18, 1994; 60 FR 7917, Feb. 10, 1995; 60 FR 33924, June 29, 1995]



Sec. 52.2229  Rules and regulations.

    (a) The following portions of the revised Memphis and Shelby County 
regulations submitted on July 7, 1986, are disapproved because they are 
inconsistent with EPA policy and requirements:

16-77, Rules 1200-3-9-.01(3); 1200-3-9-.01(4)(o)(2)


[[Page 798]]


    (b) Knox County Regulation 25.2.B, submitted July 7, 1986, is 
disapproved because it is inconsistent with EPA policy and requirements.

[54 FR 25458, June 15, 1989, as amended at 54 FR 31954, Aug. 3, 1989]



Sec. 52.2230  Attainment dates for national standards.

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

----------------------------------------------------------------------------------------------------------------
                                                                      Pollutant
                                    ----------------------------------------------------------------------------
     Air quality control region       Particulate matter       Sulfur oxides
                                    --------------------------------------------  Nitrogen    Carbon     Ozone
                                      Primary   Secondary   Primary   Secondary   dioxide    monoxide
----------------------------------------------------------------------------------------------------------------
Eastern Tennessee-Southwestern
 Virginia Interstate:
  a. Sullivan County: Bristol and            d          d          c          c          b          b          d
   Kingsport nonattainment areas
   \1\.............................
  b. Campbell County nonattainment           d          d          c          c          b          b          b
   areas \1\.......................
  c. Anderson/Knox County                    c          d          c          c          b          b          b
   nonattainment area \1\..........
  d. Copperhill nonattainment area           c          c          d          f          b          b          b
   \1\.............................
  e. Knox County nonattainment area          c          c          c          c          b          d          d
   \1\.............................
  f. Bradley County nonattainment            c          c          c          c          b          b          d
   area \1\........................
  g. Roane County nonattainment              c          c          c          c          b          b          d
   area............................
  h. Rest of AQCR..................          c          c          c          c          b          b          b
Tennessee River Valley-Cumberland            c          c          c          c          b          b          b
 Mountains Intrastate..............
Middle Tennessee Intrastate:
  a. Benton/Humphreys County                 c          c          d          d          b          b          c
   nonattainment areas \1\.........
  b. Davidson County nonattainment           d          d          c          c          b          e          d
   area \1\........................
  c. Maury County nonattainment              c          c          b          b          b          b          d
   area \1\........................
  d. Rest of AQCR..................          c          c          b          b          b          b          c
Western Tennessee Intrastate:
  a. Benton/Humphreys County                 c          c          d          d          b          b          b
   nonattainment area \1\..........
  b. Rest of AQCR..................          c          c          b          b          b          b          b
Chattanooga Interstate:
  a. Hamilton County nonattainment           c          c          b          b          b          b          d
   area \1\........................
  b. Rest of AQCR..................          c          c          b          b          b          b          b
Metropolitan Memphis:
  a. Shelby County nonattainment             c          c          b          b          b          e          d
   area \1\........................
  b. Rest of AQCR..................          c          c          b          b          b          b          c
----------------------------------------------------------------------------------------------------------------
\1\ For more precise delineation, see Sec. 81.343 of this chapter.
a. Air quality levels presently below primary standards or area is unclassifiable.
b. Air quality levels presently below secondary standards or area is unclassifiable.
c. July 1975.
d. December 31, 1982.
e. December 31, 1987.
f. 18-month extension granted.


[45 FR 53818, Aug. 13, 1980, as amended at 45 FR 75661, Nov. 17, 1980; 
49 FR 1343, Jan. 11, 1984]



Sec. 52.2231  Control strategy: Sulfur oxides and particulate matter.

    (a) Part D conditional approval. The Chattanooga primary TSP plan's 
provisions for review of new sources and modifications in the 
nonattainment area are approved on condition that the State submit by 
December 31, 1987, a definition of the term Federally enforceable and 
provisions for making Federally enforceable all limitations, conditions, 
and offsets, including permit restrictions, relied upon under the plan, 
and in the interim, implement these provisions in a manner consistent 
with EPA requirements.

[[Page 799]]

    (b) In letters dated March 9 and April 15, 1988, the Tennessee 
Department of Health and Environment certified that no emission limits 
in the State's plan are based on dispersion techniques not permitted by 
EPA's stack height rules. This certification does not apply to: Dupont 
(43-07-02); Tennessee Valley Authority--Johnsonville (43-11-1 thru 10); 
Tennessee Chemical Company (70-04-21); Tennessee Eastman (82-03-15-19); 
A.E. Staley (53-81-18, 19, 34, 31); Cargill Inc., Memphis; and Grace 
Chemical Company, Millington.

[52 FR 15498, Apr. 29, 1987, as amended at 54 FR 25454, June 15, 1989]



Sec. 52.2232  [Reserved]



Sec. 52.2233  Significant deterioration of air quality.

    (a)(1) Paragraph 1200-3-9-.01(4)-(0)-2. of Tennessee's regulations 
is disapproved because it does not require that the consent of the 
Governor(s) of affected states be obtained when innovative technology 
waivers are granted. EPA retains permitting authority for sources 
requesting innovative technology waivers which would significantly 
impact air quality in adjacent states.
    (2) Tennessee's definition of stationary source specifically 
excludes the activities of any Vessel. This exclusion is not currently 
approvable and EPA is deferring action on it pending final rulemaking on 
the issue. EPA retains authority for permits which involve vessel 
emissions where a source is not willing to include all vessel emissions 
in the definition of source.
    (b) The requirements of Sec. 52.21 except paragraph (a)(1) are 
hereby incorporated and made part of the applicable SIP for the State of 
Tennessee for the following purposes:
    (1) Permitting of sources requesting innovative technology waivers 
which would significantly impact air quality in adjacent states.
    (2) Permitting of sources involving vessel emissions where the 
source is unwilling to include all vessel emissions in the definition of 
source.
    (c) (1) All applications and other information required pursuant to 
Sec. 52.21 of this part from sources located or to be located in the 
State of Tennessee shall be submitted to the Division of Air Pollution 
Control, Tennessee Department of Public Health, 256 Capitol Hill 
Building, Nashville, Tennessee 37219.

[42 FR 36456, July 15, 1977, and 43 FR 26410, June 19, 1978, as amended 
at 50 FR 7779, Feb. 26, 1985; 68 FR 11324, Mar. 10, 2003; 68 FR 74490, 
Dec. 24, 2003]



Sec. 52.2234  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met because the plan does not include approvable procedures meeting the 
requirements of 40 CFR 51.305 and 51.307 for protection of visibility in 
mandatory Class I Federal areas.
    (b) Regulations for visibility monitoring and new source review. The 
provisions of Sec. Sec. 52.26, 52.27, and 52.28 are hereby incorporated 
and made part of the applicable plan for the State of Tennessee.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of 
Tennessee.

[51 FR 5505, Feb. 13, 1986, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.2235  Control strategy: Ozone.

    (a) Determination--EPA is determining that, as of August 8, 1995, 
the Nashville ozone nonattainment area has attained the ozone standard 
and that the reasonable further progress and attainment demonstration 
requirements of section 182(b)(1) and related requirements of section 
172(c)(9) of the Clean Air Act do not apply to the area for so long as 
the area does not monitor any violations of the ozone standard. If a 
violation of the ozone NAAQS is monitored in the Nashville ozone 
nonattainment area, these determinations shall no longer apply.
    (b) Nonregulatory provisions for the implementation of a basic I/M 
program in Rutherford, Sumner, Williamson, and Wilson Counties, 
submitted on July 13, 1994, were approved by EPA on September 26, 1995.

[60 FR 40292, Aug. 8, 1995, as amended at 60 FR 47290, Sept. 12, 1995]

[[Page 800]]



Sec. 52.2236  Control strategy; lead.

    The Tennessee Department of Environment and Conservation has 
submitted revisions to the Tennessee SIP on October 6, 1994. These 
revisions address the requirements necessary to change a lead 
nonattainment area to attainment. The maintenance plan for the Fayette 
County area near Rossville, Tennessee is comprised of a maintenance 
demonstration and NSR/PSD program. For areas where the only lead source 
has shut down, these components are sufficient for an approvable 
maintenance plan. The State's maintenance plan is complete and satisfies 
all of the requirements of section 175(A) of the CAA.

[60 FR 43020, Aug. 18, 1995]



Sec. 52.2237  NOX RACT and NOX conformity exemption.

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

[61 FR 54946, Oct. 23, 1996]



Sec. 52.2239  Original Identification of plan section.

    (a) This section identifies the original ``Tennessee Air Pollution 
Control Implementation Plan'' and all revisions submitted by Tennessee 
that were federally approved prior to December 1, 1998.
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Certification of public hearing submitted on February 3, 1972, 
by the Division of Air Pollution Control of the Tennessee Department of 
Public Health.
    (2) Miscellaneous corrections to emission inventories submitted on 
February 10, 1972, by the Division of Air Pollution Control of the 
Tennessee Department of Public Health.
    (3) Statements of intent for intergovernmental cooperation submitted 
on April 13, 1972, by the Division of Air Pollution Control of the 
Tennessee Department of Public Health.
    (4) City of Memphis Air Pollution Control Code submitted on April 
27, 1972, by the Division of Air Pollution Control of the Tennessee 
Department of Public Health and the Memphis and Shelby County Health 
Department.
    (5) Minor addition to the Tennessee Code, Section 53-3422, submitted 
on May 3, 1972, by the Division of Air Pollution Control of the 
Tennessee Department of Public Health.
    (6) Clarifying comments on the plan submitted on May 8, 1972, by the 
Division of Air Pollution Control of the Tennessee Department of Public 
Health.
    (7) Statement of public availability of emission data submitted on 
May 12, 1972, by the Division of Air Pollution Control of the Tennessee 
Department of Public Health.
    (8) Miscellaneous changes to Chapters II, III, VII, IX and XII of 
the plan; regulations of Memphis-Shelby County and Knoxville-Knox County 
and resolutions concerning local programs of Davidson, Hamilton and 
Shelby Counties submitted on August 17, 1972, by the Governor.
    (9) Revised emission limits for asphalt plants, cotton gins and 
Kraft mills and establishment of new source performance standards 
submitted on February 16, 1973, by the Tennessee Department of Public 
Health.
    (10) Compliance schedules submitted on March 23, 1973, by the 
Division of Air Pollution Control of the Tennessee Department of Public 
Health.
    (11) Compliance schedules submitted on April 16, 1973, by the 
Division of Air Pollution Control of the Tennessee Department of Public 
Health.

[[Page 801]]

    (12) Certification of public hearing on February 16, 1973, 
submission submitted on April 30, 1973, by the Division of Air Pollution 
Control of the Tennessee Department of Public Health.
    (13) Compliance schedules submitted on May 15, 1973, by the Division 
of Air Pollution Control of the Tennessee Department of Public Health.
    (14) Clarifying comments on the February 16, 1973, submission 
submitted on May 25, 1973, by the Division of Air Pollution Control of 
the Tennessee Department of Public Health.
    (15) Miscellaneous changes to Chapters II through IV and VI through 
XIII of the plan, miscellaneous non-regulatory additions, certification 
of public hearing and compliance schedules submitted on June 8, 1973, by 
the Division of Air Pollution Control of the Tennessee Department of 
Public Health.
    (16) Categorical compliance schedule regulation for SO2 
submitted on June 27, 1973, by the Division of Air Pollution Control of 
the Tennessee Department of Public Health.
    (17) Compliance schedules submitted on July 3, 1973, by the Division 
of Air Pollution Control of the Tennessee Department of Public Health.
    (18) Hamilton County Air Pollution Control Regulations and 
miscellaneous non-regulatory additions to the plan submitted on July 18, 
1973, by the Division of Air Pollution Control of the Tennessee 
Department of Public Health and the Chattanooga-Hamilton County Air 
Pollution Control Bureau.
    (19) Compliance schedules submitted on July 20, 1973, by the 
Division of Air Pollution Control of the Tennessee Department of Public 
Health.
    (20) Chapter IV of the Metropolitan Code for the Metropolitan 
Government of Nashville and Davidson County submitted on August 13, 
1973, by the Division of Air Pollution Control of the Tennessee 
Department of Public Health and the Metropolitan Health Department of 
Nashville and Davidson County.
    (21) Revisions to Chapters II, VI, VII, IX, and XIV of the plan 
concerning SO2 emissions submitted on October 12, 1973, by 
the Division of Air Pollution Control of the Tennessee Department of 
Public Health.
    (22) Compliance schedules submitted on October 15, 1973, by the 
Division of Air Pollution Control of the Tennessee Department of Public 
Health.
    (23) Compliance schedules submitted on October 16, 1973, by the 
Division of Air Pollution Control of the Tennessee Department of Public 
Health.
    (24) Compliance schedules submitted on December 26, 1973, by the 
Division of Air Pollution Control of the Tennessee Department of Public 
Health.
    (25) Addition to Subparagraph F, Section I, Chapter XIV submitted on 
January 17, 1974, by the Division of Air Pollution Control of the 
Tennessee Department of Public Health.
    (26) Compliance schedules submitted on February 20, 1974, by the 
Division of Air Pollution Control of the Tennessee Department of Public 
Health.
    (27) Revised emission limits for combustion and process sources of 
sulfur dioxide, submitted on April 30, 1976, by the Division of Air 
Pollution Control of the Tennessee Department of Public Health. (The 
provision for an alternative basis for regulating process sources in 
Shelby County is given conditional approval; any exercise of this 
provision must be made the subject of a plan revision.)
    (28) Regulations providing for continuous monitoring by existing 
sources, submitted on May 22, 1977, by the Division of Air Pollution 
Control of the Tennessee Department of Public Health for the 
Metropolitan Health Department of Nashville and Davidson County.
    (29) Regulations providing for continous monitoring of existing 
sources, control of vinyl chloride emissions, review of new sources in 
nonattainment areas, control of emissions from wood-fired boilers, 
change in diffusion equation limiting particulate emissions, conflict of 
interest rules and miscellaneous other changes, submitted on May 3 and 
June 22, 1978, by the Tennessee Department of Public Health, Division of 
Air Pollution Control.
    (30) 1979 implementation plan revisions for nonattainment areas, 
submitted on February 13 and April 12 and 27, 1979, by the Tennessee 
Division of Air Pollution Control (Bristol, Lafollettee, Jacksboro, 
Sumner Co.,

[[Page 802]]

Anderson/Knox Counties, Copperhill, Johnsonville area, Shelby Co., and 
Knox Co.)
    (31) Requests for an 18-month extension of the statutory timetable 
for submitting plans to attain and maintain the secondary ambient 
standard for particulate matter in the Chattanooga, Columbia, Kingsport, 
Memphis, and Nashville nonattainment areas, submitted on May 4, 9, and 
17, and June 21 and 22, 1979, by the Tennessee Department of Public 
Health.
    (32) Regulation 1200-3-9-.01-(4) for the review of new sources 
adopted on March 21, 1979, with a State effective date of June 21, 1979, 
and submitted on April 12, 1979, pursuant to the requirements of Sec. 
51.24 of this chapter (1978 edition) by the Tennessee Division of Air 
Pollution Control.
    (33) 1979 implementation plans for the Nashville TSP and CO 
nonattainment areas and Statewide ozone nonattainment areas, including 
regulations Number 3, and Number 7 for Nashville-Davidson County adopted 
on April 11, 1979 and March 14, 1979, which were submitted on May 15, 
1979, and regulations 1200-3-18-01 through .47, adopted on March 14, 
April 11, June 20 and 28, 1979, and May 1, 1980, and submitted on June 
28, July 2, 1979, and May 8, 1980, by the Tennessee Department of Public 
Health.
    (34) 1979 implementation plan revisions for the Kingsport TSP 
nonattainment area, submitted on August 15, 1979, by the Tennessee 
Department of Public Health.
    (35) Regulation 1200-3-14-.01, -.02, -.03 for control of sulfur 
dioxide emissions, adopted on July 1, 1979, with a State effective date 
of November 16, 1979, and submitted on June 29, 1979, by the Tennessee 
Department of Public Health.
    (36) [Reserved]
    (37) Transportation related commitments and schedules, submitted on 
March 20 and December 17, 1980, by the Tennessee Division of Air 
Pollution Control to correct deficiencies in the Memphis CO plan given 
conditional approval on February 6, 1980.
    (38) Air quality surveillance plan submitted on April 23, 1980, by 
the Tennessee Department of Public Health.
    (39) Set II VOC regulations, submitted on December 31, 1980, by the 
Tennessee Department of Public Health.
    (40) Davidson County and Hamilton County implementation plans for 
lead, submitted on August 19, 1981, by the Tennessee Department of 
Public Health.
    (41) Revisions involving the following regulations--

Rule 1200-3-11-.02(2)(1)5.(ii): Asbestos;
Rule 1200-3-12-.04(2)(c): Large Existing Fuel Burning Installations;
Rule 1200-3-18-.02(1)(ii): Definitions: Volatile Organic Compounds;
Rule 1200-3-18-.04: Alternative Emission Standard; and
Rule 1200-3-18-.42(3): Individual Compliance Schedules--submitted on 
September 30, 1981, by the Tennessee Department of Public Health.

    (42) Alternative VOC compliance schedule for Werthan Industries, 
Inc., Nashville, submitted on October 9, 1981, by the Tennessee 
Department of Public Health.
    (43) Revision to the Volatile Organic Compound (VOC) definition, 
submitted on August 27, 1980, by the Tennessee Department of Public 
Health.
    (44) Miscellaneous nonregulatory revisions submitted on October 25, 
1979, March 20, 1980, May 5, 1980, August 15, 1980, and November 5, 
1981, and miscellaneous regulatory revisions submitted on February 6, 
1979 (change in Chapter 6), on June 13, 1979 (changes in Chapters 2, 4, 
6, 7, and 8), on September 27, 1979 (change in Chapter 16), on October 
15, 1979 (changes in Chapters 1, 2, 7, 11, 16, and 19), on November 23, 
1979 (changes in Chapters 6, 9, 12, 16, 18, and 20), on February 19, 
1980 (changes in Chapters 2 and 12), October 25, 1980 (changes in 
Chapters 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, and 14), on August 26, 1981 
(changes in Chapters 5, 9, 14, 15, 16, 18, and 19), on September 30, 
1981 (change in Chapter 16), on December 9, 1981 (changes in Chapters 2, 
16, 18, 19, and 20), and on January 22, 1982 (changes in Chapters 2, 5, 
7, 8, 12, 16, 18, 19, and 21).
    (45)(i) Materials developed to meet conditions on the approval of 
the 1979 revisions for the Nashville and Kingsport primary TSP 
nonattainment areas, submitted on September 30, 1980, and December 17, 
1980, respectively, by the Tennessee Department of Public Health. 
Additional materials for Kingsport were submitted on August 27, 1981.

[[Page 803]]

    (ii) 1979 revisions for the Copperhill secondary SO2 
nonattainment area, submitted on August 15, 1980, by the Tennessee 
Department of Public Health.
    (iii) 1979 revisions for the Kingsport secondary TSP nonattainment 
area, submitted on May 8, 1980, by the Tennessee Department of Public 
Health.
    (46) Miscellaneous changes in Chapters 1200-3-5, 10, 12, 18, and 20, 
submitted on December 9, 1981, and miscellaneous changes in Chapters 
1200-3-2, 5, 7, 9, 12, 16, 18, submitted on January 22, 1982, by the 
Tennessee Department of Public Health.
    (47) Metropolitan Nashville-Davidson County Set II VOC Regulation, 
submitted on August 27, 1980 and January 23, 1981, by the Tennessee 
Department of Public Health.
    (48) Extended compliance schedules for five sources of VOC, and 
operating permit for Du Pont de Nemours Company's scrub solids kiln at 
New Johnsonville, submitted on February 12, 1982, by the Tennessee 
Department of Public Health.
    (49) Part D revisions for the Chattanooga primary TSP nonattainment 
area, submitted on August 31, 1981, and December 22, 1982, by the 
Tennessee Department of Public Health. (No action is taken on the 
definition of ``reconstruction'' contained in the revisions.)
    (50) Certain State permits for the Kingsport area, and a visible 
emission technique for nontraditional fugitive dust sources (Method 1) 
submitted on May 10, 1982; and a revision entitled Standard of 
Performance for Storage Vessels for Petroleum Liquids Contracted after 
May 18, 1978, (1200-3-16-/.09a) submitted May 5, 1982, by the Tennessee 
Department of Public Health.
    (51) Changes in visible emission evaluation technique for 
nontraditional sources, submitted on September 29, 1982, by the 
Tennessee Department of Public Health.
    (52) VOC compliance schedule extension for Knowlton Brothers, 
Chattanooga, submitted on August 3, 1982, by the Tennessee Department of 
Public Health.
    (53) Knox County plan for lead, submitted on March 1, 1983, by the 
Tennessee Department of Public Health.
    (54) Revisions to the Part D ozone plan for the Nashville-Davidson 
County nonattainment area, submitted on June 30, 1982, by the Tennessee 
Department of Public Health.
    (55) Nashville-Davidson County regulations for prevention of 
significant deterioration and for new source review in nonattainment 
areas, submitted on October 9, 1981 (revised regulation no. 3), June 3 
and November 22, 1982 (changes in revised regulation no. 3 and in 
Chapter Four of the Metropolitan Code of Nashville and Davidson County), 
and regulations submitted on June 3, 1982, for the control of volatile 
organic compounds, determination of good engineering practice stack 
height, and permits for an equivalent opacity standard for Ford Motor 
Company, by the Tennessee Department of Public Health.
    (56) 1982 revisions in the Part D CO SIP for the Nashville-Davidson 
County nonattainment area (except TCM portion approved on September 13, 
1985), submitted on June 30, 1982, and June 14, 1985.
    (i) Incorporation by reference.
    (A) Metropolitan Health Department Pollution Control Division 
Regulation No. 8 for Inspection and Maintenance (I/M) adopted on May 13, 
1981; and revised on June 12, 1985, and February 15, 1984.
    (B) Metropolitan Nashville and Davidson County's Carbon Monoxide 
Reasonable Further Progress (RFP) curve adopted on May 8, 1985.
    (ii) Other material.
    (A) Narrative adopted June 16, 1982.
    (B) Public awareness program mechanics training program adopted May 
8, 1985.
    (57) Regulatory revisions (changes and additions in regulations 
1200-3-5-.11, 1200-3-12-.04-(4), 1200-3-16-.01-(5), 1200-3-16-.14, 1200-
3-16-.32, 1200-3-16-.33, 1200-3-18-.02(1)(hh), 1200-3-18-.02(ii), 1200-
3-18-.03(1)(b), 1200-3-18-.21(5), and 1200-3-18-.22(2), 1200-3-19-.03 
(g), (h) and addition of regulation 1200-3-18-.30) submitted on April 
22, 1983, and nonregulatory revisions (changes in sections 2.15 and 
2.12.E.2, 2.8.1, and eleven permits for sources in the Kingsport area) 
submitted on April 14, 1983, by the Tennessee Department of Health and 
Environment.

[[Page 804]]

    (58) Materials related to attainment status designations of various 
areas, submitted on January 19, 20, and 21, February 9, March 4, 14, and 
22, April 6, and June 1, 1983, by the Tennessee Department for Health 
and Environment.
    (59) Control strategy demonstration for lead, submitted on June 4, 
1984, by the Tennessee Department of Health and Environment.
    (60) Lead implementation plan for Memphis/Shelby County, submitted 
on June 25, 1984, by the Tennessee Department of Health and Environment.
    (61) Material related to a compliance schedule for Maremont 
Corporation in Pulaski, and two permits for the Kingsport Press in 
Kingsport, submitted on September 15, 1983, and January 16, 1984, by the 
Tennessee Department of Health and Environment.
    (62) Regulations for the prevention of significant deterioration, 
submitted on December 9, 1981, April 22 and September 1, 1983, and 
clarifications submitted on September 5, 1984, and January 17, 1985 by 
the Tennessee Department of Health and Environment. (Action has been 
deferred on the phrase ``except the activities of any vessel'' in 1200-
3-9-.01(4)(b) until EPA revises the definition of stationary source.)
    (63) Changes in rules 1200-3-5-.01 (to revise general visible 
emission standards), 1200-3-2-.01 (to add definition of ``calendar 
quarter''), 1200-3-12-.03 (to specify method for determining inorganic 
lead emissions in stack gases), 1200-3-14 (to revise monitoring 
requirements related to SO2 control), and 1200-3-16-.01 (to 
specify method for determining particulate emissions from asphalt 
processing and roofing manufacture), submitted on October 17, 1984, and 
change in rule 1200-3-3 (to delete ambient air quality standard for 
hydrocarbons), submitted on December 5, 1984, by the Tennessee 
Department of Health and Environment.
    (64) Changes in visible emission evaluation methods, submitted on 
September 26, 1984, by the Tennessee Department of Health and 
Environment.
    (65) Changes in visible emission limitations for wood-fired fuel 
burning equipment (changes in regulations 1200-3-5-.06 and 1200-3-
5-.07), submitted on October 17, 1984, and January 18, 1985, by the 
Tennessee Department of Health and Environment. Coverage of wood-fired 
fuel equipment was expanded to include units of 500,000 to 100,000,000 
BTU per hour heat input in certain counties; the compliance determining 
technique was changed from the aggregate method to the six-minute 
average.
    (66) State implementation plan for lead, submitted on December 5, 
1984, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference. (A) Amendments to the Tennessee Air 
Pollution Control Regulations, Chapter 1200-3-22, Lead Emission 
Standards, as submitted, and State-effective on December 5, 1984.
    (B) Operating permits for:
    (1) Ross Metals, Inc., issued on December 5, 1984.
    (2) General Smelting and Refining Company, issued on December 5, 
1984.
    (3) Tennessee Chemical Company, issued on December 5, 1984.
    (ii) Additional information. (A) Control Strategy and modelling, 
submitted on June 4, 1984.
    (67) Letter of commitment, submitted on December 20, 1984, by the 
Memphis-Shelby County Health Department.
    (i) Incorporation by reference. (A) Letter of commitment on new 
source review for lead sources, submitted on December 20, 1984, by the 
Memphis County Health Department.
    (ii) Additional information. (A) None.
    (68) Revisions in the TCM portion of the 1982 CO SIP for Nashville-
Davidson County, submitted on July 18, 1984, and adopted on June 4, 
1984.
    (i) Incorporation by reference. (A) Air Pollution Control Board of 
the State of Tennessee Board Order 13 84, which is a statement of intent 
to adopt two-cent gas tax equivalent measures in place of return of 1980 
level of service in Nashville-Davidson County CO SIP TCM; and July 18, 
1984 letter from the Tennessee Department of Health and Environment 
which approves the Metropolitan Nashville and Davidson County Legally 
Enforceable Limits and Schedules effective June 4, 1984.
    (ii) Additional material. (A) Revision of the calculations on 
reductions due to implementation of the Rideshare Program submitted on 
July 18, 1984.

[[Page 805]]

    (69) Tennessee Visible Emission Evaluation Method 3, was submitted 
on January 16 and June 14, 1985, by the Tennessee Department of Health 
and Environment.
    (i) Incorporation by reference.
    (a) January 16, 1985 letter from Tennessee Department of Health and 
Environment and Tennessee Visible Emission Evaluation Method 3, 
Sec. Sec. 1, 2, and 5, became State-effective on December 12, 1984.
    (b) June 14, 1985 letter from Tennessee Department of Health and 
Environment and Tennessee Visible Emission Evaluation Method 3, 
Sec. Sec. 3 and 4, became State-effective on May 30, 1985.
    (ii) Other material--none.
    (70)-(71) [Reserved]
    (72) Five Board Orders were submitted on January 29, 1986, by the 
Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 2-86 from Tennessee Department of Health and 
Environment, became State-effective on January 15, 1986.
    (B) Board Order 3-86 from Tennessee Department of Health and 
Environment, became State-effective on January 15, 1986.
    (C) Board Order 5-86 from Tennessee Department of Health and 
Environment, became State-effective on January 15, 1986.
    (ii) Other material--none.
    (73) Tennessee Visible Emissions Evaluation Method 4 was submitted 
on May 28, 1986, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Tennessee Visible Emissions Evaluation Method 4, which became 
State-adopted on April 16, 1986.
    (ii) Other material--none.
    (74) Board Orders 7-86 and 11-86 were submitted on May 9, 1986, by 
the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 7-86, which became State-effective on April 16, 
1986.
    (B) Board Order 11-86, and temporary operating permit for Refined 
Metals Corp., permit No. 0212-OIP, which became State-effective on April 
16, 1986.
    (ii) Other material--none.
    (75) Board Order 12-86, a one-year variance from SO2 
ambient monitoring by DuPont in Old Hickory, was submitted on July 7, 
1986, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 12-86, which became State-effective on June 19, 
1986.
    (ii) Other material--none.
    (76) Board Orders 23-86, 24-86, 34-86 and 36-86 were submitted on 
October 7, 1986 and December 30, 1986, respectively by the Tennessee 
Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 23-86, which became State-effective on September 17, 
1986.
    (B) Board Order 24-86, which became State-effective on September 17, 
1986.
    (C) Board Order 34-86, which became State-effective on November 20, 
1986.
    (D) Board Order 36-86, which became State-effective on November 20, 
1986.
    (ii) Other material--none.
    (77) Board Orders 35-86 and 5-87 were submitted on February 17, 
1987, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 35-86, Opacity variance for Hassel and Hughes Lumber 
Company, which was approved on November 19, 1986.
    (B) Board Order 5-87, variance for Texas Gas Transmission 
Corporation which was approved on January 21, 1987.
    (ii) Other material--none.
    (78) A variance from Rule 1200-3-18.21 was submitted to EPA on 
December 30, 1986, by the Tenessee Department of Health and Environment.
    (i) Incorporation by referemce.
    (A) A variance for coating bicycles at Murray Ohio Manufacturing 
Company granted by the Tennessee Department of Health and Environment 
Air Pollution Control Board, approved on November 19, 1986.
    (ii) Additional material--none.
    (79) A variance from Rule 1200-3-18-.04(8) was submitted to EPA on 
January 6, 1988, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.

[[Page 806]]

    (A) Tennessee Department of Health and Environment, Division of Air 
Pollution Control, Board Order 08-87 approved on August 13, 1987.
    (B) Letter of January 6, 1988, from the Tennessee Department of 
Health and Environment.
    (ii) Other materials--none.
    (80) A variance from Rule 1200-3-18-.04(8) was submitted to EPA on 
January 6, 1988, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Tennessee Department of Health and Environment, Division of Air 
Pollution Control, Board Order 11-87 approved on August 13, 1987.
    (B) Letter of January 6, 1988, from the Tennessee Department of 
Health and Environment.
    (ii) Other materials--none.
    (81) A variance from Rule 1200-3-18-.04(8) was submitted to EPA on 
January 6, 1988, by the Tennessee Department of Health and Environment.
    (i) Incorporation of reference.
    (A) Tennessee Department of Health and Environment, Division of Air 
Pollution Control, Board Order 29-87 approved on December 10, 1987.
    (B) Letter of January 6, 1988, from the Tennessee Department of 
Health and Environment.
    (ii) Other materials--none.
    (82) A variance from Rule 1200-3-18-.04(8) was submitted to EPA on 
February 25, 1988, by the Tennessee Department of Health and 
Environment.
    (i) Incorporation by reference.
    (A) Tennessee Department of Health and Environment, Division of Air 
Pollution Control, Board Order 2-88 approved on February 18, 1988.
    (B) Letter of February 25, 1988, from the Tennessee Department of 
Health and Environment.
    (ii) Other materials-none.
    (83) A variance from Rule 1200-3-18-.04(8) was submitted to EPA on 
January 6, 1988, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Tennessee Department of Health and Environment, Division of Air 
Pollution Control, Board Order 27-87 approved on December 10, 1987.
    (B) Letter of January 6, 1988, from the Tennessee Department of 
Health and Environment.
    (ii) Other materials--none.
    (84) A variance from Rule 1200-3-18-.04(8) was submitted to EPA on 
January 6, 1988, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Tennessee Department of Health and Environment, Division of Air 
Pollution Control Board Order 19-87 approved on October 2, 1987.
    (B) Letter of January 6, 1988, from the Tennessee Department of 
Health and Environment.
    (ii) Other materials--none.
    (85) Board Orders 10-87 and 15-87, incorporating the Prevention of 
Significant Deterioration modeling guideline in the State of Tennessee 
and Nashville/Davidson County regulations, submitted on January 6, 1988 
by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 10-87, revision to the Prevention of Significant 
Deterioration modeling guideline for the State of Tennessee, which was 
approved on August 13, 1987.
    (B) Board Order 15-87, revision to the Prevention of Significant 
Deterioration modeling guideline for Nashville/Davidson County, which 
was approved on August 13, 1987.
    (C) Letter of January 6, 1988 from the Tennessee Department of 
Health and Environment.
    (ii) Other material--none.
    (86) Board Order 1-87 concerning Legally Enforceable Limits and 
Schedules for the Metropolitan Nashville and Davidson County portion of 
the Tennessee State Implementation Plan for Total Suspended 
Particulates, was submitted on February 17, 1987, by the Tennessee 
Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Board Order 1-87, and amendments to Sec. 2.12.1.D.8, ``Legally 
Enforceable Limits and Schedules'', of the Metropolitan Nashville and 
Davidson County portion of the Tennessee State Implementation Plan for 
Total Suspended Particulates, approved on January 21, 1987.
    (ii) Other material--none.
    (87) A certificate of alternate control of volatile organic compound 
emissions for Avco Aerostructures/Textron was

[[Page 807]]

submitted to EPA on February 25, 1988, by the State of Tennessee for the 
Metropolitan Health Department of Nashville and Davidson County.
    (i) Incorporation by reference.
    (A) Letter of February 25, 1988, from the State of Tennessee Air 
Pollution Control Board.
    (B) Certificate of alternate control of volatile organic compound 
(VOC) emissions for Avco Aerostructures/Textron, adopted by the 
Metropolitan Board of Health on February 9, 1988.
    (C) Avco Aerostructures/Textron operating permit numbers 42-3, 42-4, 
42-5, 42-6, 42-7, 42-8, 42-9, 42-10, 42-18, 42-19.

 (88) Rule 1200-3-19-.06, Logs for Operating Hours, submitted on 
February 19, 1980, by the Tennessee Department of Health and 
Environment.
    (i) Incorporation by reference.
    (A) Rule 1200-3-19-.06, Logs for Operating Hours which became State-
effective February 14, 1980.
    (B) Letter of February 19, 1980, from the Tennessee Department of 
Public Health.
    (ii) Other material--none.
    (89) Revised Memphis and Shelby County regulations (Board Order 17-
86) submitted on July 7, 1986.
    (i) Incorporation by reference.
    (A) Memphis and Shelby County regulations, Board Order 17-86, which 
became State-effective June 18, 1986. The regulations that are approved 
are as follows:

Sections 16-46
Sections 16-47
Sections 16-48
Sections 16-49 except for Rule 1200-3-3-.05 (the last sentence)
Sections 16-50
Sections 16-51
Sections 16-56
Sections 16-57
Sections 16-58
Sections 16-59
Sections 16-71
Sections 16-77 except for Rules 1200-3-9.01(3); 1200-3-
9-.01(4)(b)(6)(the phrase, ``.except the activities of any vessel.''); 
1200-3-9-.01(4)(o)(2); 1200-3-9-.02(1)-(3),(6)-(10) and the last 
sentence of (5); 1200-3-9-.03(2)(the last sentence), .03(2)(a), and 
.03(2)(b)
Sections 16-78 except for Rules 1200-3-7-.03(2); 1200-3-7-.04(2)(the 
last sentence); 1200-3-7-.07(2)-(5); 1200-3-7-.09
Sections 16-79
Sections 16-80
Sections 16-82 except for Rules 1200-3-14-.02; 1200-3-14-.03(5) and (6)
Sections 16-83 except for Rules 1200-3-5-.01(2) and (3); 1200-3-5-.03(2)
Sections 16-84
Sections 16-85
Sections 16-86
Sections 16-87
Sections 16-88 except paragraph(b)
Sections 16-89
Sections 16-90
Sections 16-91

    (B) Letter of July 7, 1986, from the Tennessee Department of Health 
and Environment.
    (ii) Other material--none.
    (90) An amendment to Section 7-1 of the Nashville/Davidson County 
regulations was submitted on June 15, 1988, by Tennessee's Department of 
Health and Environment.
    (i) Incorporation by reference.
    (A) Tennessee Department of Health and Environment, Division of Air 
Pollution Control, Board Order 11-88 approved on June 8, 1988.
    (B) Letter of June 15, 1988, from the Tennessee Department of Health 
and Environment.
    (ii) Other material-none.
    (91) Board Orders 13-87, deleting five operating permits for 
Tennessee Eastman Company from the SIP, and 14-87, deleting an operating 
permit for General Smelting and Refining from the SIP, submitted on 
January 6, 1988.
    (i) Incorporation by reference.
    (A) Board Order 13-87, for Tennessee Eastman Company, approved 
August 13, 1987.
    (B) Board Order 14-87, for General Smelting and Refining Company, 
approved August 13, 1987.
    (C) Letter of January 6, 1988, from the Tennessee Department of 
Health and Environment.
    (ii) Other material--none.
    (92) Revised Knox County regulations: Tennessee Air Pollution 
Control Board Order 17-86, submitted on July 7, 1986; Board Order 27-86, 
submitted on October 7, 1986; and Board Order 2-87, submitted on 
February 17, 1987.
    (i) Incorporation by reference. (A) Tennessee Air Pollution Control 
Board Orders 17-86, and Knox County regulations 12.0-20.0, 22.0, 24.0, 
25.0, except 25.2.B, 26.0-41.0, and 46.0, which became State effective 
June 18, 1986; 27-86, and Knox County regulation 35.3 and

[[Page 808]]

amendments to 41.1, which became State effective September 17, 1986; and 
2-87 and Knox County regulation 47.0, which became State effective 
January 21, 1987.
    (ii) Additional material. (A) Letters of July 7, 1986, October 7, 
1986, and February 17, 1987, from the Tennessee Department of Health and 
Environment, submitting the Knox County SIP revisions.
    (93) Stack height regulations were submitted to EPA on August 18, 
1986, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Tennessee Air Pollution Control Regulations, Good Engineering 
Practice Stack Height Regulations, which became effective on November 
22, 1987.
    (ii) Other material--none.
    (94) A revision of Rule 1200-3-18-.02(m) was submitted to EPA on 
January 6, 1988, by the Tennessee Department of Health and Environment.
    (i) Incorporation by reference.
    (A) Amendment to Tennessee Department of Health and Environment 
rules (revision of Paragraph 1200-3-18-.02(m)), State-effective on 
November 10, 1986.
    (ii) Other material--none.
    (95) Rules 1200-3-6-.05(4), Wood Fired Fuel Burning Equipment, 1200-
3-19-.11(3)(b), Particulate Matter Emissions Regulations for the Bristol 
Nonattainment Area, and 1200-3-19-.12(2)(g), Particulate Matter Emission 
Regulations for Air Contaminant Sources in or Significantly Impacting 
the Particulate Nonattainment Control Areas in Campbell County, which 
were submitted January 6, 1988.
    (i) Incorporation by reference.
    (A) Rule 1200-3-6-.05(4), Wood Fired Fuel Burning Equipment, which 
is State-effective, May 30, 1987.
    (B) Rule 1200-3-19-.11(3)(b), Particulate Matter Emission 
Regulations for the Bristol Nonattainment Area, which is State-effective 
May 30, 1987.
    (C) Rule 1200-3-19-.12(2)(g), Particulate Matter Emission 
Regulations for Air Contaminant Sources in or Significantly Impacting 
the Particulate Nonattainment Control Areas in Campbell County, which is 
State-effective May 30, 1987.
    (ii) Other material--none.
    (96) Tennessee Air Pollution Control Board Order 03-89 approving 
permits amended by agreed orders for fourteen sources was submitted to 
EPA on May 16, 1989, by the Tennessee Department of Health and 
Environment.
    (i) Incorporation by reference. (A) Chattanooga-Hamilton County Air 
Pollution Control Board Agreed Order, Docket No. 582.01, Astec 
Industries, Inc., effective March 20, 1989.
    (B) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.02, Browning-Ferris Industries, effective March 
20, 1989.
    (C) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.03, The Landes Company Inc., effective March 20, 
1989.
    (D) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.04, Chattanooga Armature Works, effective March 
20, 1989.
    (E) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.05, Combustion Engineering, Inc., effective March 
20, 1989.
    (F) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.06, Cumberland Corporation, effective March 20, 
1989.
    (G) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.07, Ekco/Glaco, Inc., effective March 20, 1989.
    (H) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.08, Electrical Systems, Inc., effective March 20, 
1989.
    (I) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.09, Mueller Company, effective March 20, 1989.
    (J) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.10, McKee Baking Company, effective March 20, 
1989.
    (K) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.11, Royal, Incorporated, effective March 20, 1989.
    (L) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.12, Tuftco Corporation, effective March 20, 1989.

[[Page 809]]

    (M) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.13, Sherman & Reilly, Inc., effective March 20, 
1989.
    (N) Chattanooga-Hamilton County Air Pollution Control Board Agreed 
Order, Docket No. 582.14, United States Stove Company, effective March 
20, 1989.
    (O) Board Order 03-89 of the Tennessee Air Pollution Control Board 
which adopts fourteen miscellaneous metal parts coaters' permits for 
Chattanooga-Hamilton County on May 10, 1989.
    (ii) Other materials. (A) Letter of May 16, 1989, from the Tennessee 
Department of Health and Environment.
    (97) Revisions to the Nashville/Davidson County portion of the 
Tennessee SIP which included PM10 regulations (Board Orders 
10-88 and 88-15) submitted on December 14, 1988.
    (i) Incorporation by reference. (A) Revisions to Nashville/Davidson 
County Regulation No. 3, ``New Source Review'' and Board Order 10-88 
approved June 8, 1988. The following regulations are approved:

Section 3-1-Definition--(dd), (ee) and (gg)
Section 3-2-Registration and Permits--(b)(2) and (e)
Section 3-3-Prevention of Significant Deterioration (PSD) Review--
(a)(1), (e)(2), (f), (g)(6), (g)(7) and (g)(8)

    (B) Revisions to Nashville/Davidson County Metropolitan Code Chapter 
4 Subchapter 1 ``Air Pollution Control'' and Board Order 88-15 approved 
on November 16, 1988. The following regulations are approved:

Section 4-1-1-Definitions--PM10 Emissions, Particulate Matter 
Emissions, Total Suspended Particulate, and Particulate Matter
Section 4-1-6-Incinerator Regulations--(f)
Section 4-1-16-Registration and Permits--(c) and f(3)
Section 4-1-18-Ambient Air Quality Standards

    (98) Nashville/Davidson County stack height provisions (Board Order 
28-86) submitted as revisions to the Tennessee SIP on October 7, 1986.
    (i) Incorporation by reference.
    (A) Tennessee Air Pollution Control Board Order 28-86 and Nashville/
Davidson County Regulation No. 3, Sections 3-1 and 3-2 introductory 
paragraph which was approved September 17, 1986.
    (ii) Other material.
    (A) Letter of October 7, 1986, from the Tennessee Department of 
Health and Environment.
    (99) PM10 revisions to the Knox County portion of the 
Tennessee SIP adopted in Board Order 06-89 and submitted on August 2, 
1989.
    (i) Incorporation by reference.
    (A) PM10 revisions to the Knox County regulations and 
Board Order 06-89 which became State-effective July 19, 1989. The 
following regulations are approved:

Section 13, Definitions,
    13.56 PM10
    13.57 PM10 emissions
    13.58 Total Suspended Particulate
Section 14.0, Ambient Air Quality Standards, Table I
Section 14.4A, Procedures for Ambient Sampling and Analysis
Section 36.1, Emergency Regulations (Episode Criteria), B., C. and D.

    (ii) Additional material--none.
    (100) Revisions to the Hamilton County portion of the Tennessee SIP 
which approved the regulations for Hamilton County, the City of 
Chattanooga and the nine other municipalities in Hamilton County adopted 
in Board Order 05-89 and submitted on July 20, 1989.
    (i) Incorporation by reference. (A) The entire set of regulations, 
``The Hamilton County Air Pollution Control Regulation'', as submitted 
on July 20, 1989, except for section 9, Rules 15, 16, 18.2(q)(2), and 
25.21.
    (B) The entire set of regulations, ``The Chattanooga Air Pollution 
Control Ordinance'', as submitted on July 20, 1989, except for section 
4-41, Rules 15, 16, 18.2(o)(2), and 25.21, and as amended by Ordinances 
Nos. 8413, dated January 15, 1985; 8675, dated July 29, 1986; and 8705, 
except sections 5 and 6, dated September 30, 1986.
    (C) The entire set of regulations, ``The Collegedale Air Pollution 
Control Ordinance'', as submitted on July 20, 1989, except for section 
8-541, Rules 15, 16, and 18.2(o)(2).
    (D) The entire set of regulations, ``The East Ridge Air Pollution 
Control Ordinance'', as submitted on July 20, 1989, except for section 
8-741, Rules 15, 16, and 18.2(o)(2).

[[Page 810]]

    (E) The entire set of regulations, ``The Lakesite Air Pollution 
Control Ordinance'', as submitted on July 20, 1989, except for section 
41, Rules 15, 16, and 18.2(o)(2).
    (F) The entire set of regulations, ``The Lookout Mountain Air 
Pollution Control Ordinance'', as submitted on July 20, 1989, except for 
section 41, Rules 15, 16, and 18.2(o)(2).
    (G) The entire set of regulations, ``The Red Bank Air Pollution 
Control Ordinance'', as submitted on July 20, 1989, except for section 
8-341, Rules 15, 16, and 18.2(o)(2).
    (H) The entire set of regulations, ``The Ridgeside Air Pollution 
Control Ordinance'', as submitted on July 20, 1989, except for section 
41, Rules 15, 16, and 18.2(o)(2).
    (I) The entire set of regulations, ``The Signal Mountain Air 
Pollution Control Ordinance'', as submitted on July 20, 1989, except for 
section 41, Rules 15, 16, and 18.2(o)(2).
    (J) The entire set of regulations, ``The Soddy-Daisy Air Pollution 
Control Ordinance'', as submitted on July 20, 1989, except for section 
8-141, Rules 15, 16, and 18.2(o)(2).
    (K) The entire set of regulations, ``The Walden Air Pollution 
Control Ordinance'', as submitted on July 20, 1989, except for section 
41, Rules 15, 16, and 18.2(o)(2).
    (L) Tennessee Air Pollution Control Board Order 05-89, which became 
State-effective July 19, 1989, adopted regulations for Hamilton County, 
the City of Chattanooga and the nine other Hamilton County 
municipalities as revisions to the Hamilton County portion of the 
Tennessee SIP.
    (ii) Additional material. (A) The July 20, 1989, submittal from the 
Tennessee Department of Health and Environment submitting the 
regulations for Hamilton County, Chattanooga and the nine other Hamilton 
County municipalities as revisions to the Hamilton County portion of the 
Tennessee SIP.
    (101) Revisions to the Nashville/Davidson County portion of the 
Tennessee SIP submitted on October 3, 1989.
    (i) Incorporation by reference.
    (A) Tennessee Air Pollution Control Board Order 10-89 and Nashville/
Davidson County Metropolitan Health Department Regulation No. 10, 
``Infectious Waste Incinerators'' which became State effective September 
13, 1989.
    (ii) Other material.
    (A) The October 3, 1989 letter from the Tennessee Department of 
Health and Environment submitting Regulation No. 10.
    (102) [Reserved]
    (103) A revision to the Metropolitan-Davidson County portion of 
Tennessee's SIP, Regulation No. 7--Regulation for Control of Volatile 
Organic Compounds was submitted on February 16, 1990.
    (i) Incorporation by reference.
    (A) Regulation No. 7--Regulation for the Control of Volatile Organic 
Compounds, except Section 7-22, effective February 14, 1990.
    (ii) Other material.
    (A) Letter of February 16, 1990 from the Tennessee Department of 
Health and Environment.
    (104) The Tennessee Department of Conservation submitted a Board 
order including a certificate of alternate control and revised permits 
for the Nissan Motor Manufacturing facility located in Smyrna, 
Tennessee, to EPA on February 19, 1991, with revised information 
provided on April 29, 1991.
    (i) Incorporation by reference.
    (A) Nissan Motor Manufacturing Corporation USA operating permit 
numbers 029538P, 029539P, 029540P, 029541P, 029543P and 029544P which 
were issued on July 30, 1990, and 030180P which was issued on September 
17, 1990.
    (ii) Other materials.
    (A) Letters of February 19, 1991, and April 29, 1991, from the 
Tennessee Department of Conservation.
    (105) Amendments to the Nashville/Davidson County portion of 
Tennessee's SIP, Regulation No. 7--Regulation for Control of Volatile 
Organic Compounds submitted on July 3, 1991, October 4, 1991, and 
January 2, 1992.
    (i) Incorporation by reference.
    (A) Regulation No. 7--Regulation for the Control of Volatile Organic 
Compounds, effective December 10, 1991.
    (ii) Other material.
    (A) Letter of July 3, 1991, from the Metropolitan Health Department 
for Nashville/Davidson County.

[[Page 811]]

    (B) Letter of October 4, 1991, from the Metropolitan Health 
Department for Nashville/Davidson County.
    (C) Letter of January 2, 1991, from the Metropolitan Health 
Department for Nashville/Davidson County.
    (106) Amendments to the Knox County portion of Tennessee's SIP, 
submitted on January 4, 1991.
    (i) Incorporation by reference.
    (A) Amendments to Regulations 25.2B, 29.1B, 17.4E, 18.1, 19.1, 
47.3C, effective December 13, 1990.
    (ii) Other material.
    (A) Letter of January 4, 1991, from the Tennessee Department of 
Health and Environment.
    (107) Revisions to the New Johnsonville SO2 portion of 
the Tennessee State Implementation Plan submitted on August 2, 1983, by 
the State of Tennessee through the Tennessee Air Pollution Control 
Board.
    (i) Incorporation by reference.
    (A) Revisions to the following Tennessee Air Pollution Control 
Regulations which became State-effective on December 13, 1982:

1200-3-3-.05--Achievement

    (B) Revisions to the following Tennessee Air Pollution Control 
Regulations which became State-effective on December 17, 1982:

1200-3-19-.14--Sulfur Dioxide Emission Regulation for the New 
Johnsonville Nonattainment Area

    (C) Revisions to the following Tennessee Air Pollution Control 
Regulations which became State-effective on August 1, 1984:

1200-3-14-.01(2)--General Provisions
1200-3-14-.02(1)(a)--Non-process Emissions Standards

    (ii) Other material. None.
    (108) Revisions to the Memphis-Shelby County portion of the 
Tennessee SIP submitted on July 3, 1991, and June 15, 1992, by the State 
of Tennessee through the Tennessee Air Pollution Control Board.
    (i) Incorporation by reference.
    (A) Permit for battery receiving and breaking operation for Refined 
Metals Corporation which became effective on June 12, 1991: Permit No. 
0212-01P.
    (B) Permit for the refining kettles/casting area for Refined Metals 
Corporation which became effective on June 12, 1991: Permit No. 0212-
04P.
    (C) Permit for the blast furnace/dust furnace for Refined Metals 
Corporation which became effective on June 10, 1992: Permit No. 0212-
03P(R).
    (ii) Other material.
    (A) None.
    (109) Addition of Section 45, Prevention of Significant 
Deterioration to the Knox County portion of the Tennessee SIP, submitted 
and revised on January 29, 1992 and June 15, 1992, respectively.
    (i) Incorporation by reference.
    (A) Amendments to Section 45.0 of the Knox County regulations were 
adopted on June 10, 1992.
    (ii) Other material. None.
    (110) Revisions to the VOC portion of the Knox County portion of the 
Tennessee SIP to correct deficiencies, which were submitted on January 
4, 1991, January 29, 1992, and June 15, 1992, respectively.
    (i) Incorporation by reference.
    (A) Amendments to the following Sections of the Knox County 
regulations--13.15, 46.1-B, 46.4-B.7, 46.4-B.8, 46.4-B.9, 46.4-I, 46.6-
D.6, 46.8-B.1.d, 46.11-B.5, 46.11-B.6--were adopted on December 13, 
1990.
    (B) Amendments to the following Sections of the Knox County 
regulations--27.2-A and 46.2--were adopted on November 13, 1991.
    (C) Amendments to the following Sections of the Knox County 
regulations--26.5-B, 27.2, 28.1-A.4, 46.2-A.7, 46.2-A.34, 46.6-D.7, 
46.17-D, 46.19, 46.20, and 46.21--were adopted on June 10, 1992.
    (ii) Other material.
    (A) Letter of January 4, 1991, from the Tennessee Department of 
Conservation and Environment.
    (B) Letter of January 29, 1992, from the Tennessee Department of 
Conservation and Environment.
    (C) Letter of June 15, 1992, from the Tennessee Department of 
Conservation and Environment.
    (111) The maintenance plan for Knox County submitted by the 
Tennessee Department of Environment and Conservation on August 26, 1992, 
as part of the Tennessee SIP.
    (i) Incorporation by reference.
    (A) Knox County Ozone Attainment Redesignation State Implementation

[[Page 812]]

Plan Revision Support Document, which became State-effective on August 
12, 1992; and
    (B) Emissions Inventory Projections (1990-2004) for Knox County, 
which became State-effective on August 12, 1992.
    (ii) Other material.
    (A) Letter dated August 26, 1992, from the Tennessee Department of 
Environment and Conservation.
    (112)-(113) [Reserved]
    (114) On July 13, 1990, and February 26, 1993, Nashville-Davidson 
county submitted revisions to the Nashville-Davidson county portion of 
the Tennessee SIP through the Tennessee Department of Air Pollution 
Control which were intended to bring their regulations into conformity 
with EPA's New Source Review (NSR) requirements and EPA's Prevention of 
Significant Deterioration (PSD) increments for nitrogen dioxide 
(NO2). The USEPA is granting limited approval to the 
revisions to the Nashville-Davidson county NSR regulations because the 
revised regulations strengthen the SIP.
    (i) Incorporation by reference.
    (A) Amendments to sections 3-1(e) and 3-3(e)(2)(iii) of the 
Nashville-Davidson county portion of the Tennessee regulations were 
adopted by the Nashville Metropolitan Board of Health on April 12, 1990.
    (B) Amendments to sections 3-1(d), 3-1(t), 3-1(x)(7),3-1(ee)(3), 3-
1(gg), 3-1(hh), 3-2(b)(2)(ii), and 3-2(b)(3) were adopted by the 
Nashville Metropolitan Board of Health on December 8, 1992.
    (ii) Other material--none.
    (115) Revisions to the rules in the State's portion of the Tennessee 
State Implementation Plan (SIP) regarding control of volatile organic 
compounds (VOCs) were submitted on June 25, 1992, and March 22, 1993, by 
the Tennessee Department of Environment and Conservation. Revisions to 
the rules in the Memphis-Shelby County portion of the Tennessee SIP 
regarding control of VOCs were submitted on November 5, 1992, and April 
22, 1993, by the State on behalf of Memphis-Shelby County. In these 
submittals, Memphis-Shelby County adopted State regulations by 
reference.
    (i) Incorporation by reference.
    (A) Revisions to the following State of Tennessee regulations were 
effective on June 7, 1992.
    (1) Rule 1200-3-2-.01 General Definitions: Subparagraphs (1)(b), 
(c), (z), (aa), (gg), (vv), (zz), (ccc), (lll), (mmm), (nnn), (eeee), 
(ffff), (gggg), and (iiii).
    (2) Rule 1200-3-18-.01 Purposes and General Provisions: Paragraphs 
(1), (3), (4) introductory paragraph and (4)(a), (5), and (6).
    (3) Rule 1200-3-18-.02 Definitions: Subparagraphs (1)(a), (b), (c), 
(f), (m), (ii), and (jj).
    (4) Rule 1200-3-18-.04 Alternate Emission Standard.
    (5) Rule 1200-3-18-.05 Automobile and Light Duty Truck 
Manufacturing.
    (6) Rule 1200-3-18-.06 Paper Coating: Subparagraph (1)(b) and 
paragraphs (2), (3), and (4).
    (7) Rule 1200-3-18-.07 Petroleum Liquid Storage: Introductory 
paragraph of paragraph (4).
    (8) Rule 1200-3-18-.08 Bulk Gasoline Plants: Paragraphs (2) and (3).
    (9) Rule 1200-3-18-.09 Bulk Gasoline Plants: Paragraph (2), 
subparagraph (3)(d), and paragraph (6).
    (10) Rule 1200-3-18-.10 Gasoline Service Stations Stage I: 
Paragraphs (2), (3) (except subparagraph (3)(a)), (4), and (6).
    (11) Rule 1200-3-18-.11 Petroleum Refinery Sources: Paragraph (2).
    (12) Rule 1200-3-18-.12 Can Coating: Paragraphs (3) and (4).
    (13) Rule 1200-3-18-.13 Coil Coating: Paragraphs (1), (2), and (4).
    (14) Rule 1200-3-18-.14 Fabric and Vinyl Coating: Subparagraph 
(1)(b) and paragraphs (2), (3), and (4).
    (15) Rule 1200-3-18-.15 Metal Furniture Coating: Paragraphs (3) and 
(4).
    (16) Rule 1200-3-18-.16 Surface Coating of Large Appliances: 
Paragraphs (3), (4), and (5).
    (17) Rule 1200-3-18-.17 Magnet Wire Coating: Paragraphs (2) and (3).
    (18) Rule 1200-3-18-.18 Solvent Metal Cleaning: Paragraphs (2) and 
(3).
    (19) Rule 1200-3-18-.20 Flat Wood Paneling Coating: Introductory 
paragraph of paragraph (2), paragraphs (4), (5), and (6).
    (20) Rule 1200-3-18-.21 Surface Coating of Miscellaneous Metal Parts 
and Products: Subparagraphs (1)(g) and (h),

[[Page 813]]

paragraph (2), subparagraph (5)(1), and paragraphs (6), (7), and (8).
    (21) Rule 1200-3-18-.22 Leaks from Gasoline Tank Trucks and Vapor 
Collection Systems: Introductory paragraph of paragraph (2), 
subparagraph (2)(a), paragraphs (3), (4), (5), and (6).
    (22) Rule 1200-3-18-.23 Petroleum Refinery Equipment Leaks: 
Introductory paragraph of paragraph (2), subparagraph (2)(a), and 
paragraph (4).
    (23) Rule 1200-3-18-.25 Petroleum Liquid Storage in External 
Floating Roof Tanks: Introductory paragraph of paragraph (2), and 
paragraph (5).
    (24) Rule 1200-3-18-.26 Manufacture of Pneumatic Rubber Tires: 
Introductory paragraph of paragraph (2), paragraphs (4), (5), and (6).
    (25) Rule 1200-3-18-.27 Manufacture of Synthesized Pharmaceutical 
Products: Introductory paragraph of paragraph (2), paragraphs (3), (4), 
and (5).
    (26) Rule 1200-3-18-.28 Perchloroethylene Dry Cleaning: Introductory 
paragraph of paragraph (2), paragraphs (4) and (5), and subparagraph 
(6)(d).
    (27) Rule 1200-3-18-.29 Graphic Arts-Rotogravure and Flexography: 
Introductory paragraph of paragraph (2), subparagraph (2)(b), paragraphs 
(5) and (6).
    (28) Rule 1200-3-18-.30 Surface Coating of Aerospace Components.
    (29) Rule 1200-3-18-.40 Regulations Required in Nonattainment Areas.
    (30) Rule 1200-3-18-.41 Compliance Schedules.
    (31) Rule 1200-3-18-.42 Individual Compliance Schedules: Paragraphs 
(1), (2), (3), and (4).
    (32) Rule 1200-3-18-.43 General Provisions for Test Methods and 
Procedures.
    (33) Rule 1200-3-18-.44 Determination of Volatile Content of Surface 
Coatings.
    (34) Rule 1200-3-18-.45 Test Method for Determination of Volatile 
Organic Compound Emissions Control Systems Efficiency.
    (35) Rule 1200-3-18-.46 Test Method for Determination of Solvent 
Metal Cleaning Organic Compound Emissions.
    (36) Rule 1200-3-18-.47 Test Procedure for Determination of VOC 
Emissions from Bulk Gasoline Terminals.
    (B) Revisions to the following State of Tennessee regulations were 
effective on March 18, 1993.
    (1) Rule 1200-3-21-.01 General Alternate Emission Standard: 
Paragraphs (1), (2), (3), (4), and (9).
    (2) Rule 1200-3-21-.02 Applicability.
    (ii) Additional material--none.
    (116) The Tennessee Department of Environment and Conservation 
submitted a SIP revision that amended Rule 1200-3-18 which was submitted 
to EPA on May 18, 1993. These amendments add Stage II provisions to this 
rule.
    (i) Incorporation by reference.
    (A) Rule 1200-3-18-.24 which became State-effective June 21, 1993.
    (B) Revisions to the Davidson County portion of the Tennessee SIP. 
Rule 7, Section 7-1 (11), Rule 7, Section 7-13, Rule 7, Section 7-25(b) 
which became state effective on November 4, 1992.
    (ii) Other material. None.
    (117) The Tennessee Department of Environment and Conservation has 
submitted revisions to the Tennessee State Implementation Plan. These 
revisions address the requirements of section 507 of Title V of the CAA 
and establish the Small Business Stationary Source Technical and 
Environmental Assistance Program (PROGRAM).
    (i) Incorporation by reference.
    (A) Revision to the Tennessee State Implementation Plan to 
Incorporate Small Business Assistance Program as Required by the Clean 
Air Act Amendments of 1990, approved by the Tennessee Air Pollution 
Control Board on February 10, 1993.
    (ii) Additional information--None.
    (118) [Reserved]
    (119) The minor source operating permit program for Knox County, 
submitted by the Tennessee Division of Air Pollution Control on November 
12, 1993 as part of the Tennessee SIP.
    (i) Incorporation by reference.
    (A) Revisions to Regulations 17.4.E, 18.1.B, 19.1.B, 25.3.I., and 
47.3.C. of the Knox County portion of the Tennessee SIP, as adopted by 
the Knox County Air Pollution Control Board on October 13, 1993.
    (ii) Other material. None.

[[Page 814]]

    (120) Revisions to the Tennessee Division of Air Pollution Control 
emergency episode plan, submitted on September 1, 1993. These revisions 
incorporate changes within chapter 1200-3-15-.02 of the Tennessee SIP 
into the existing regulations which are required in 40 CFR 52.1270.
    (i) Incorporation by reference.
    (A) Tennessee Air Pollution Control Regulations, Chapter 1200-3-
15-.02, paragraphs (3), (4), and (5), effective June 26, 1993.
    (121) The redesignation and maintenance plan for Memphis/Shelby 
County submitted by the Memphis/Shelby County Health Department on 
October 30, 1992, as part of the Tennessee SIP. On October 15, 1993, and 
May 6, 1994, Tennessee Department of Environment and Conservation 
submitted a supplement to the above maintenance plan.
    (i) Incorporation by reference.
    (A) Memphis/Shelby County Carbon Monoxide Ten Year Maintenance Plan 
effective on October 13, 1993.
    (B) Emissions Inventory Projections for Memphis/Shelby County 
effective on October 13, 1993.
    (ii) Other material. None.
    (122) The maintenance plan and emission inventory for the Memphis 
and Shelby County Area which includes Shelby County and the City of 
Memphis submitted by the Tennessee Department of Environment and 
Conservation on November 12, 1992, and March 31, 1994, as part of the 
Tennessee SIP.
    (i) Incorporation by reference.
    (A) Amendment to the Original Submittal of Nonregulatory Amendment 
to State Implementation Plan for Shelby County Redesignation from 
Nonattainment to Attainment Classification for Ozone submitted March 31, 
1994, and prepared by the Memphis and Shelby County Health Department, 
Pollution Control Section for the Tennessee Department of Conservation. 
The effective date is March 9, 1994, for the following provisions:

Section I--Requirement One--Air Quality Data Shows Area Meets NAAQS
Section IV--Requirement Four--Maintenance Plan
Attachment F:
    Shelby County Emission Projections Volatile Organic Compounds 
(Summer Season)
    Shelby County Emission Projections 1990-2004 Nitrogen Oxides (Summer 
Season)

    (ii) Other material. None.
    (123) A revised chapter 1200-3-18 ``Volatile Organic Compounds'' was 
submitted by the Tennessee Department of Air Pollution Control (TDAPC) 
to EPA on May 18, 1993, to replace the current chapter 1200-3-18 in the 
Tennessee SIP. This chapter had been revised to meet the requirements of 
the 1990 Clean Air Act Amendments commonly referred to as the ``VOC RACT 
Catch-Up'' requirements. Rule 1200-3-18-.28 ``Perchloroethylene Dry 
Cleaners'' which was federally approved in 59 FR 18310 on April 18, 
1994, will remain effective.
    (i) Incorporation by reference.
    (A) Revisions to the State of Tennessee regulations which were 
effective on April 22, 1993.
    (1) Chapter 1200-3-18 ``Volatile Organic Compounds,'' except for 
subchapter 1200-3-18-.24, subparagraph 1200-3-18-.03 (2)(b), 
subparagraph 1200-3-18-.20 (1)(b)(2)(vii), and subparagraphs 1200-3-
18-.79 (1)(a)(3), (1)(c), and (1)(d).
    (ii) Other material. None.
    (124) On August 17, 1994, the Tennessee Department of Environment 
and Conservation submitted revisions to the new source review 
requirements in the Tennessee Division of Air Pollution Control 
Regulations. These revisions incorporate changes to Chapter 1200-3-9 by 
substituting for the present paragraph 1200-3-9-.01(5) of the Tennessee 
SIP with new requirements, which are required in the Clean Air Act as 
amended in 1990 and 40 CFR part 51, subpart I.
    (i) Incorporation by reference. Tennessee Division of Air Pollution 
Control Regulations, Chapter 1200-3-9-.01(5) Growth Policy, effective 
August 15, 1994.
    (ii) Other material. None.
    (125) [Reserved]
    (126) Modifications to the existing basic I/M program in Davidson 
County to implement an anti-tampering check, and to require testing of 
vehicles from model year 1975 and newer, submitted on March 17, 1994. 
Addition of a basic I/M program in the remainder of the middle Tennessee 
ozone nonattainment area, submitted on July 8, 1994.
    (i) Incorporation by reference.

[[Page 815]]

    (a) Metropolitan Health Department Pollution Control Division 
Regulation 8, approved by the Tennessee Air Pollution Control Board on 
March 9, 1994.
    (b) Regulation 1200-3-29, effective on September 8, 1993.
    (ii) Other material. None.
    (127) Revisions to the State of Tennessee Air Pollution Control 
Regulations submitted by the Tennessee Department of Environment and 
Conservation on April 18, 1995. These consist of revisions to the 
process emission standards for new and existing cotton gins. These 
revised regulations also provide an optional method of using selected 
controls to demonstrate compliance with the emission standards.
    (i) Incorporation by reference.
    (A) Tennessee Division of Air Pollution Control Regulations, Chapter 
1200-3-7-.08(3) effective July 16, 1990.
    (ii) Other material. None.
    (128) Revisions to Chapter 16, ``Open Burning'', of the Knox County 
portion of the Tennessee State Implementation Plan were submitted by the 
Tennessee Department of Environment and Conservation on February 26, 
1993. Revisions to Chapter 25, ``Permits'', of the Knox County portion 
of the Tennessee State Implementation Plan were submitted by the 
Tennessee Department of Environment and Conservation on June 23, 1998.
    (i) Incorporation by reference.
    (A) Section 16.3 Exceptions to Prohibition--With Permit, adopted on 
January 13, 1993.
    (B) Section 25.6 Exemptions, paragraph E, adopted on June 10, 1998.
    (ii) Other material. None.
    (129) [Reserved]
    (130) Revisions to minor source operating permit rules for 
Nashville-Davidson County submitted by the Tennessee Department of 
Environment and Conservation on November 16, 1994.
    (i) Incorporation by reference.
    (A) Metropolitan Code of Law (M.C.L.) Chapter 10.56, Section 040, 
Paragraph F, effective October 4, 1994.
    (ii) Other material. None.
    (131) On November 12, 1993, the State submitted revisions to the 
Nashville/Davidson County portion of the Tennessee State Implementation 
Plan (SIP) on behalf of Nashville/Davidson County. These were revisions 
to the permit requirements for major sources of air pollution, including 
revisions to the general definitions, the permit requirements, and the 
exemptions. As a supplement to this submittal, on July 15, 1994, the 
State also submitted a request that the recodification of the entire air 
pollution control rule for Nashville/Davidson County be approved as part 
of the SIP. These revisions and recodification incorporate changes to 
Nashville's Chapter 10.56, which was previously Chapter 4-1-1, which are 
required in the Clean Air Act as amended in 1990 and 40 CFR part 51, 
subpart I.
    (i) Incorporation by reference.
    Code of Laws of the Metropolitan Government of Nashville and 
Davidson County, Tennessee, Chapter 10.56, Air Pollution Control, 
effective November 10, 1993, except for the following parts:
    (A) Section 10.56.010, the definition of ``regulated pollutant'';
    (B) Section 10.56.040, Paragraph (F);
    (C) Section 10.56.050, Paragraphs (C), (D) and (E);
    (D) Section 10.56.080.
    (ii) Other material. None.
    (132) Revisions to the Knox County Air Pollution Control Regulations 
submitted by the Tennessee Department of Environment and Conservation on 
June 28, 1994. These consist of revisions to appeals, judicial review, 
and violations of the air pollution regulations in Knox County.
    (i) Incorporation by reference.
    Knox County Air Pollution Control Regulations, Sections 29.1.B, 
29.3, 30.1.A, and 30.1.D adopted May 25, 1994.
    (133) On September 27, 1994, the State submitted revisions to the 
Nashville/Davidson County portion of the Tennessee State Implementation 
Plan (SIP) on behalf of Nashville/Davidson County. These were revisions 
to the new source review requirements in the Nashville/Davidson County 
regulations. These revisions incorporate changes to Regulation Number 
Three, Sections 3-1, 3-2 and 3-3 of the Nashville/Davidson County 
portion of the Tennessee SIP which bring this into conformance with the 
new requirements which are required in 40 CFR part 52, subpart I.
    (i) Incorporation by reference.

Metropolitan Health Department Division of Pollution Control Regulation 
Number 3

[[Page 816]]

New Source Review, as amended on August 9, 1994.

    (ii) Other material. None.
    (134) Revisions to the State of Tennessee Air Pollution Control 
Regulations submitted by the Tennessee Department of Environment and 
Conservation on June 21, 1991, and June 22, 1993. These consist of 
revisions to Chapter 1200-3-10 Required Sampling, Recording and 
Reporting, and Chapter 1200-3-14 Control of Sulfur Dioxide Emissions. 
Revisions to section 16-85 of the Memphis/Shelby County portion of the 
Tennessee SIP which adopt by reference changes made to Chapter 1200-3-10 
of the Tennessee SIP.
    (i) Incorporation by reference.
    (A) Chapter 1200-3-14, effective March 21, 1993.
    (B) Chapter 1200-3-10, effective March 13, 1993.
    (C) Section 16-85 of the Memphis/Shelby County Health Department, 
Air Pollution Control Regulations effective October 23, 1993.
    (ii) Other material. None.
    (135) [Reserved]
    (136) Revisions to the Chattanooga/Hamilton County Air Pollution 
Control Regulations submitted by the Tennessee Department of Environment 
and Conservation on May 18, 1993.
    (i) Incorporation by reference.
    (A) The Chattanooga City Code, Part II, Chapter 4, is revised as 
shown in the following paragraphs. These revisions were adopted on March 
9, 1993.
    (1) Section 4-2: the definitions for Best available control 
technology (BACT); Owner or operator of a demolition or renovation 
activity; Primary Air Quality Standards; and Secondary Air Quality 
Standards.
    (2) Section 4-41: Rule 21, ``Ambient Air Quality Standards.''
    (3) Section 4-41: Rule 25.2, subparagraph 33.
    (B) The Hamilton County Air Pollution Control Regulation is revised 
as shown in the following paragraphs. These revisions were adopted on 
April 7, 1993.
    (1) Section 16: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator of 
a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 9: Rule 25.2, subparagraph 33.
    (3) Section 9: Rule 21, ``Ambient Air Quality Standards.''
    (4) Section 25, ``Regulations cumulative.''
    (C) The Soddy-Daisy Municipal Code, Title 8, Health and Sanitation, 
Chapter 1, Air Pollution Control, is revised as shown in the following 
paragraphs. These revisions were adopted on March 18, 1993.
    (1) Section 8-102: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator of 
a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 8-141: Rule 25.2, subparagraph 21.
    (3) Section 8-141: Rule 21, ``Ambient Air Quality Standards.''
    (D) The Ridgeside Air Pollution Control Ordinance is revised as 
shown in the following paragraphs. These revisions were adopted on April 
20, 1993.
    (1) Section 2: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator of 
a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 41: Rule 25.2, subparagraph 21.
    (3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
    (E) The Signal Mountain Air Pollution Control Ordinance is revised 
as shown in the following paragraphs. These revisions were adopted on 
March 8, 1993.
    (1) Section 2: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator of 
a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 41: Rule 25.2, subparagraph 21.
    (3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
    (F) The Walden Air Pollution Control Ordinance is revised as shown 
in the following paragraphs. These revisions were adopted on adopted 
March 9, 1993.
    (1) Section 2: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality

[[Page 817]]

Standards; Owner or operator of a demolition or renovation activity; and 
Best available control technology (BACT).
    (2) Section 41: Rule 25.2, subparagraph 33.
    (3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
    (G) The Lookout Mountain Air Pollution Control Ordinance is revised 
as shown in the following paragraphs. These revisions were adopted March 
9, 1993.
    (1) Section 2: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator of 
a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 41: Rule 25.2, subparagraph 21.
    (3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
    (H) The Red Bank Municipal Code, Chapter 3, Title 8, is revised as 
shown in the following paragraphs. These revisions were adopted March 
16, 1993.
    (1) Section 8-302: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator of 
a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 8-341: Rule 25.2, subparagraph 21.
    (3) Section 8-341: Rule 21, ``Ambient Air Quality Standards.''
    (I) The Collegedale Municipal Code, Title 8, Health and Sanitation, 
Chapter 5, Air Pollution Control, is revised as shown in the following 
paragraphs. These revisions were adopted April 12, 1993.
    (1) Section 8-502: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator of 
a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 8-541: Rule 25.2, subparagraph 33.
    (3) Section 8-541: Rule 21, ``Ambient Air Quality Standards.''
    (J) The Lakesite Municipal Code, Title 4, Building, Utility, Housing 
and Air Pollution Control Codes, Chapter 6, Air Pollution Control 
Ordinance is revised as shown in the following paragraphs. These 
revisions were adopted March 30, 1993.
    (1) Section 2: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator of 
a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 41: Rule 25.2, subparagraph 21.
    (3) Section 41: Rule 21, ``Ambient Air Quality Standards.''
    (K) The East Ridge City Code, Title 8, Health and Sanitation, 
Chapter 7, Air Pollution Control is revised as shown in the following 
paragraphs. These revisions were adopted March 11, 1993.
    (1) Section 8-702: the following definitions are added: Primary Air 
Quality Standards; Secondary Air Quality Standards; Owner or operator of 
a demolition or renovation activity; and Best available control 
technology (BACT).
    (2) Section 8-741: Rule 25.2, subparagraph 21.
    (3) Section 8-741: Rule 21, ``Ambient Air Quality Standards.''
    (ii) Other material. None.
    (137) Revisions to the State of Tennessee Air Pollution Control 
Regulations submitted by the Tennessee Department of Environment and 
Conservation on September 1, 1993, and June 10, 1996. These consist of 
revisions to Chapter 1200-3-9-.01 CONSTRUCTION PERMITS.
    (i) Incorporation by reference.
    (A) Chapter 1200-3-9-.01 CONSTRUCTION PERMITS of the Tennessee 
Department of Environment and Conservation which became state effective 
August 18, 1996.
    (ii) Other material. None.
    (138) Revisions to chapter 1200-3-9 ``Construction and Operating 
Permits'' were submitted by the Tennessee Department of Air Pollution 
Control (TDAPC) to EPA on January 17, 1995. Revisions to chapter 1200-3-
18 ``Volatile Organic Compounds'' were submitted by the TDAPC to EPA on 
February 21, 1995, February 8, 1996, February 23, 1996, April 22, 1996, 
and April 25, 1996.
    (i) Incorporation by reference.
    (A) Revisions to the State of Tennessee regulation 1200-3-9 
``Construction and Operating Permits'', subparagraphs 1200-3-9-.01 (6), 
(7), (8), effective on August 15, 1994.

[[Page 818]]

    (B) Revisions to the State of Tennessee regulation by the addition 
of a new rule 1200-3-18-.33 ``Manufacturing of Synthesized 
Pharmaceutical Products'', effective on November 21, 1993.
    (C) Revisions to the State of Tennessee regulation 1200-3-18 
``Volatile Organic Compounds'' rules 1200-3-18-.01, 1200-3-18-.02, 1200-
3-18-.03, 1200-3-18-.04, 1200-3-18-.20, 1200-3-18-.21, 1200-3-18-.36, 
1200-3-18-.38, 1200-3-18-.39 effective on October 9, 1995.
    (D) Revisions to the State of Tennessee regulations effective 
October 25, 1995.
    (1) The addition of a the new rule 1200-3-18-.78 ``Other Facilities 
that Emit Volatile Organic Compounds (VOC's) of Fifty Tons Per Year''.
    (2) Revisions to rule 1200-3-18-.79 ``Other Facilities that Emit 
Volatile Organic Compounds''.
    (E) Revisions to the State of Tennessee regulation by the addition 
of a new rule 1200-3-18-.42 ``Wood Furniture Finishing and Cleaning'', 
effective August 15, 1995.
    (F) Revisions to the State of Tennessee regulation by the addition 
of a new rule 1200-3-18-.43 ``Offset Lithographic Printing Operations'', 
effective October 14, 1995.
    (ii) Other material. None.
    (139) Addition of a new chapter 1200-3-27 ``Nitrogen Oxides'' 
submitted by the Tennessee Department of Air Pollution Control (TDAPC) 
to EPA on June 14, 1993, September 28, 1993, May 26, 1994, July 29, 
1994, February 23, 1996.
    (i) Incorporation by reference.
    (A) Regulation 1200-3-27 ``Nitrogen Oxides'', 1200-3-27-.01; 1200-3-
27-.02; 1200-3-27-.03 (1) introductory sentence, (1)(b), (3) 
introductory sentence, (3)(a), effective as of October 28, 1995.
    (B) Nashville/Davidson County regulation number 14 ``Regulation for 
the Control of Nitrogen Oxides'', Section 14-1; Section 14-2 (b); 
Section 14-4; Section 14-5; adopted on August 10, 1993.
    (ii) Other material. None.
    (140) Permit-by-rule regulations for Knox County Department of Air 
Pollution Control submitted by the Knox County Department of Air 
Pollution Control through the Tennessee Department of Environment and 
Conservation on May 23, 1995 as part of Knox County's portion of the 
Tennessee SIP.
    (i) Incorporation by reference.
    (A) Regulation Section 25.10 of the Knox County portion of the 
Tennessee SIP as adopted by the Knox County Air Pollution Control Board 
on April 12, 1995.
    (ii) Other material. None.
    (141) On November 16, 1994, the State submitted revisions to the 
Nashville/Davidson portion of the Tennessee State Implementation Plan 
(SIP) on behalf of Nashville/Davidson County. These were revisions to 
the permit requirements for major sources of air pollution, including 
revisions to the general definitions, permit requirements, the Board's 
powers and duties, the variances and hearings procedures, the 
measurement and reporting of emissions, and the testing procedures. 
These revisions incorporate changes to Nashville's Chapter 10.56 which 
are required in the Clean Air Act as amended in 1990 and 40 CFR part 51, 
subpart I.
    (i) Incorporation by reference.
    (A) Code of Laws of the Metropolitan Government of Nashville and 
Davidson County, Tennessee, Chapter 10.56, except Section 10.56.290, Air 
Pollution Control, approved on October 6, 1994, except Section 
10.56.010, definition of ``Regulated Pollutant''; Section 10.56.050, 
paragraphs (C), (D), and (E); Section 10.56.080.
    (ii) Other material. None.
    (142) Addition of two source specific nitrogen oxide (NOx) permits 
for certain engines at Tenneco Energy's Portland facility located in 
Sumner County, Tennessee, submitted by the Tennessee Department of Air 
Pollution Control (TDAPC) to EPA on May 31, 1996.
    (i) Incorporation by reference.
    (A) Operating Permit number 045022F, approved on May 31, 1996, 
except conditions 2, 3, 6, and 7.
    (B) Operating Permit number 045025F, approved on May 31, 1996, 
except conditions 2, 4, and 5.
    (ii) Other material. None.
    (143) Revisions to chapter 1200-3-18 ``Volatile Organic Compounds'' 
were submitted by the Tennessee Department of Air Pollution Control 
(TDAPC) to EPA on June 3, 1996, and June 4, 1996.
    (i) Incorporation by reference.

[[Page 819]]

    (A) Rule 1200-3-18-.01, paragraphs (26) and (87), effective on 
August 10, 1996.
    (B) Rule 1200-3-18-.06 ``Handling, Storage, Use, and Disposal of 
Volatile Organic Compounds (VOCs)'', effective on August 11, 1996.
    (C) Rule 1200-3-18-.44 ``Surface Coating of Plastic Parts'', 
effective on August 10, 1996.
    (D) Rule 1200-3-18-.45 ``Standards of Performance for Commercial 
Motor Vehicle and Mobile Equipment Refinishing Operations'', effective 
on January 17, 1996.
    (E) Rule 1200-3-18-.48 ``Volatile Organic Liquid Storage Tanks'', 
effective on August 2, 1996.
    (ii) Other material. None.
    (144) The maintenance plan and redesignation request for the 
Nashville Area which includes Davidson, Rutherford, Sumner, Williamson, 
and Wilson Counties submitted by the Tennessee Department of Environment 
and Conservation on November 14, 1994, August 9, 1995, and January 19, 
1996, as part of the Tennessee SIP.
    (i) Incorporation by reference. The following sections of the 
document entitled Request for Redesignation of the Middle Tennessee Non-
attainment Area from Moderate Non-attainment to Attainment of the 
National Ambient Air Quality Standard for Ozone and the Maintenance 
Plan: 2.0 Attainment Demonstration; 3.0 Maintenance Demonstration; 4.0 
Contingency Plan; and Appendix 4 Summaries of Projected Emissions for 
VOC, NOX, and CO adopted on January 10, 1996.
    (ii) Other material. None.
    (145) Revisions to Division Rule 1200--Stationary Sources--General 
Requirements, submitted by the Tennessee Department of Environmental 
Protection on May 3, 1995.
    (i) Incorporation by reference.
    (A) Division of Air Pollution Control Rule 1200-3-9-.02(11)(a), 
effective September 21, 1994.
    (B) Memphis City Code Section 16-77, reference 1200-3-9-.02(11)(a), 
effective October 28, 1994.
    (ii) Other materials. None.
    (146) [Reserved]
    (147) Addition of a new chapter 1200-3-23 ``Visibility Protection'' 
to the Tennessee Air Pollution Control Regulations submitted by the 
Tennessee Department of Environment and Conservation on February 9, 
1993, and December 19, 1994.
    (i) Incorporation by reference.
    (A) Chapter 1200-3-23 ``Visibility Protection,'' effective July 24, 
1994.
    (ii) Other material. None.
    (148) Revisions to the Hamilton County portion of the Tennessee SIP 
that approve the regulations for Hamilton County, the City of 
Chattanooga, and the municipalities of East Ridge, Red Bank, Soddy-
Daisy, Signal Mountain, Lakesite, Walden, Collegedale, Lookout Mountain, 
and Ridgeside--submitted by the Tennessee Department of Environmental 
Protection on December 15, 1995.
    (i) Incorporation by reference.
    (A) Amendments to Sections 2, 3, 4, 6, 8, 12, and 16-19 of the 
regulation known as the ``Hamilton County Air Pollution Control 
Regulation,'' the ``Signal Mountain Air Pollution Control Ordinance,'' 
the ``Lakesite Municipal Code,'' the ``Walden Air Pollution Control 
Ordinance,'' the ``Lookout Mountain Air Pollution Control Ordinance,'' 
and the ``Ridgeside Air Pollution Control Ordinance,'' submitted on 
December 15, 1995 and adopted by Hamilton County on September 6, 1995 
and by the following municipalities: Signal Mountain, adopted on 
December 11, 1995; Lakesite, adopted on November 16, 1995; Walden, 
adopted on December 12, 1995; Lookout Mountain, adopted on November 14, 
1995; and Ridgeside, adopted on April 16, 1996.
    (B) Amendments to Sections 4-2, 4-3, 4-4, 4-6, 4-8, 4-12, 4-16, 4-
17, 4-18, and 4-19 of the ``Chattanooga Air Pollution Control 
Ordinance,'' as submitted on December 15, 1995 and adopted on August 16, 
1995.
    (C) Amendments to Sections 8-702, 8-703, 8-704, 8-706, 8-708, 8-712, 
8-716, 8-717, 8-718, and 8-719 of the ``East Ridge City Code,'' as 
submitted on December 15, 1995 and adopted on September 28, 1995.
    (D) Amendments to Sections 8-302, 8-303, 8-304, 8-306, 8-308, 8-312, 
8-316, 8-317, 8-318, and 8-319 of the ``Red Bank Municipal Code,'' as 
submitted on December 15, 1995 and adopted on November 7, 1995.
    (E) Amendments to Sections 8-102, 8-103, 8-104, 8-106, 8-108, 8-112, 
8-116, 8-117, 8-818, and 8-119 of the ``Soddy-Daisy

[[Page 820]]

Municipal Code,'' as submitted on December 15, 1995 and adopted on 
October 5, 1995.
    (F) Amendments to Sections 8-502, 8-503, 8-504, 8-506, 8-508, 5-512, 
8-516, 8-517, 8-518, and 8-519 of the ``Collegedale Municipal Code,'' as 
submitted on December 15, 1995 and adopted on October 2, 1995.
    (ii) Other materials. None.
    (149) On March 4, 1996, the State submitted revisions to the 
Knoxville/Knox County portion of the Tennessee SIP on behalf of 
Knoxville/Knox County. These were revisions to the enforcement authority 
requirements in the Knoxville/Knox County regulations. These revisions 
incorporate changes to Knoxville's Section 30.1 which are required in 
the Clean Air Act as amended in 1990 and 40 CFR part 51, subpart I.
    (i) Incorporation by reference.
    (A) Knox County Air Pollution Control Regulations, Sections 30.1.D, 
30.1.F, and 30.1.G, adopted on January 10, 1996.
    (ii) Other material. None.
    (150) Revisions to chapters 1200-3-9 ``Construction and Operating 
Permits'' and 1200-3-18 ``Volatile Organic Compounds'' were submitted by 
the Tennessee Department of Air Pollution Control (TDAPC) to EPA on June 
3, 1996.
    (i) Incorporation by reference.
    (A) State of Tennessee regulation 1200-3-9 ``Construction and 
Operating Permits'', subpart 1200-3-9-.01(4)(b)(29)(i) effective on 
August 14, 1996.
    (B) State of Tennessee regulation 1200-3-18 ``Volatile Organic 
Compounds'', subparts 1200-3-18-.24(1)(d), 1200-3-18-.24(3)(c)(2)(i) and 
1200-3-18-.86(11)(c) effective August 10, 1996.
    (ii) Other material. None.
    (151) A Revision to Knox County Ozone Maintenance plan and emission 
projections submitted by the Tennessee Department of Environment and 
Conservation on January 18, 1995.
    (i) Incorporation by reference.
    (A) Knox County Ozone Maintenance plan and emission projections 
adopted on November 21, 1994.
    (ii) Other material. None.
    (152) On December 28, 1995, the State submitted revisions to the 
Nashville/Davidson portion of the Tennessee SIP on behalf of Nashville/
Davidson County. These were revisions to the permit requirements for 
major sources of air pollution, including revisions to the general 
definitions, the permit requirements, and the exemptions. Also included 
was a revision to the regulations for internal combustion engines. These 
revisions incorporate changes to Nashville's Chapter 10.56 which are 
required in the Clean Air Act as amended in 1990 and 40 CFR part 51, 
subpart I.
    (i) Incorporation by reference.
    (A) Code of Laws of the Metropolitan Government of Nashville and 
Davidson County, Tennessee, Chapter 10.56 Air Pollution Control, 
approved on December 14, 1995.
    (I) Section 10.56.010, definitions for ``Potential Emissions,'' 
``Regulated Pollutant,'' and ``Volatile Organic Compound.''
    (II) Section 10.56.040, Paragraph B.
    (III) Section 10.56.050, Paragraphs A and F.
    (IV) Section 110.56.240, Paragraph C.
    (ii) Other material. None.
    (153) Revisions to Nashville/Davidson County portion of the 
Tennessee state implementation plan submitted to EPA by the State of 
Tennessee on December 17, 1993, April 2, 1996, September 18, 1996, and 
November 14, 1996, concerning new source review (NSR), control of 
volatile organic compounds (VOC), and emergency episodes with the 
exception of the revisions to 7-17(c)(4)(ii) and 7-17(c)(4)(iii) which 
were disapproved.
    (i) Incorporation by reference.
    (A) Nashville/Davidson County Air Pollution Control Regulation 
number 3 ``New Source Review'' sections 3-1(y), 3-1(hh), 3-1(jj), and 3-
2(f), effective November 13, 1996.
    (B) Nashville/Davidson County Air Pollution Control Regulation 
number 7 ``Regulation for the Control of Volatile Organic Compounds'' 
sections 7-1(mm), 7-2, 7-4, 7-5, 7-6, 7-7, 7-8, 7-9, 7-10, 7-16(a), 7-
16(c) {except section 7-16(c)(11){time} , 7-16(d), 7-17(a)(9), 7-17(c) 
{except 7-17(c)(4)(ii), and 7-17(c)(4)(iii){time} , 7-20, 7-21, 7-22, 7-
23, 7-24, 7-26, 7-27, and 7-28, effective November 13, 1996.
    (C) Nashville/Davidson County Air Pollution Control Regulation 
number 11 ``Emergency Episode Regulation'' effective November 13, 1996.
    (ii) Other material. None.

[[Page 821]]

    (154) Revisions to Chattanooga/Hamilton County portion of the 
Tennessee state implementation plan submitted to EPA by the State of 
Tennessee on December 11, 1995, and June 26, 1996, regarding nitrogen 
oxides, prevention of significant deterioration (PSD), lead sources, 
stack heights, infectious waste incinerators, and volatile organic 
compound (VOC) reasonably available control technology (RACT) for 
miscellaneous metal parts coaters and synthesized pharmaceutical 
products, and PM10.
    (i) Incorporation by reference.
    (A) Chapter 4, Section 4-13 except (b)(6), and Section 4-41, Rules 
2.4, 2.6, 2.7; 16.5; 18; 20.4(2)d, 21, 25.2(33), 27; 3.5; 8, Table 1; 
9.4, 13.1, and 26.8 of the ``Chattanooga Air Pollution Control 
Ordinance,'' adopted on August 15, 1995.
    (B) Section 13, except (b)(6); Section 41, Rules 2.4, 2.6, 2.7; 
16.5; 18; 20.4(2)d; 21; 24.2(33); 26; 27; 3.5; 8, Table 1; and 13.1; and 
Section 8(f)(4) of the regulation known as the ``Hamilton County Air 
Pollution Control Regulation,'' adopted by Hamilton County on September 
6, 1995. The identical regulations were also adopted by the following 
municipalities as part of their air pollution control ordinances: Signal 
Mountain, adopted on December 11, 1995; Walden, adopted on December 12, 
1995; Lookout Mountain, adopted on November 14, 1995; and Ridgeside, 
adopted on April 16, 1996.
    (C) Chapter 7 for Section 8-713, except (b)(6); Section 8-741, Rules 
2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); to Chapter 3 for 
Section 8-541, Rule 26; and to Chapter 7, Section 8-741, for Rules 27; 
3.5, 8, Table 1, and 13.1; Section 8-708(f)(4) of the ``East Ridge City 
Code,'' adopted on September 28, 1995.
    (D) Chapter 3: Section 8-313, except (b)(6); Section 8-341, Rules 
2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8, 
Table 1; and 13.1; and Section 8-308(f)(4) of the ``Red Bank Municipal 
Code,'' adopted on November 7, 1995.
    (E) Chapter 1: Section 8-113, except (b)(6); Section 8-141, Rules 
2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8, 
Table 1, and 13.1; and Section 8-108(f)(4) of the ``Soddy-Daisy 
Municipal Code,'' adopted on October 5, 1995.
    (F) Chapter 3: Section 8-513, except (b)(6); Section 8-541, Rules 
2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8, 
Table 1; and 13.1; and Section 8-108(f)(4) of the ``Collegedale 
Municipal Code,'' adopted on October 2, 1995.
    (G) Chapter 3, Section 41, Rules 19; 21; 22; 25.2(21); 26; 27; 3.5; 
8, Table 1; and 13.1; and Section 8(f)(4) of the ``Lakesite Municipal 
Code'' adopted November 16, 1995.
    (H) Chapter 4: Section 4-2; Section 4-41, Rules 19; 21, Table 1; 22; 
25.2; 25.21(6); and 25.27(3) of the ``Chattanooga Air Pollution Control 
Ordinance,'' adopted on May 30, 1989.
    (I) Section 9, Rules 19; 21, Table 1; 22; 25.2; 25.21(6); and 
25.27(3); and Section 16 of the regulation known as the ``Hamilton 
County Air Pollution Control Regulation,'' adopted on June 7, 1989.
    (155) Revisions to Tennessee state implementation plan submitted to 
EPA by the State of Tennessee on April 30, 1996, regarding emission 
standards and monitoring requirements for additional control areas.
    (i) Incorporation by reference. Tennessee Division of Air Pollution 
Control Regulations, Chapter 1200-3-19, adopted September 7, 1988.
    (ii) Other material. None.
    (156) Addition of six operating permits containing source specific 
VOC RACT requirements for certain VOC sources at Brunswick Marine 
Corporation, Outboard Marine Corporation, and Essex Group Incorporated 
submitted by the Tennessee Department of Environment and Conservation on 
December 20, 1995 and June 3, 1996.
    (i) Incorporation by reference.
    (A) Marine Group Brunswick Corporation operating permit number 
743652P issued February 21, 1996, (conditions number 2, 3, and 18).
    (B) Stratos Boat Incorporated, D.B.A. Javelin Boats operating permit 
number 039845P issued on July 27, 1995, (conditions number 2 and 3), and 
permit number 044881P issued on May 31, 1996, (conditions number 2, 9, 
and 10).
    (C) Essex Group Incorporated operating permit numbers 045011P, 
(conditions 5, 10, 13, and 15), 045012P, (conditions 5, 10, 13, and 15) 
and 045013P, (conditions 5 and 16) issued on May 31, 1996.
    (ii) Other material. None.
    (157) The visible emission chapter revisions to the Tennessee SIP 
which were submitted on October 6, 1994.

[[Page 822]]

    (i) Incorporation by reference.
    (A) Chapter 1200-3-5 Visible Emissions effective on June 7, 1992.
    (ii) Other material. None.
    (158) Addition of supplement C to the ``Guideline on Air Quality 
Models'', correction of conversion factor in the manufacture of high-
density polyethylene, polypropylene and polystyrene resins, and 
clarification for the test method used for determining the VOC content 
of coatings and inks submitted by the Tennessee Department of 
Environment and Conservation on February 27, 1997, and May 8, 1997.
    (i) Incorporation by reference.
    (A) Tennessee regulation 1220-3-9-.01(1)(f) effective December 28, 
1996.
    (B) Tennessee regulations 1200-3-18-.39(5)(a)(2) and 1200-3-
18-.81(2) (a) and (b) effective April 16, 1997.
    (ii) Other material. None.
    (159) The maintenance plan and redesignation request for the Polk 
County area submitted by the Tennessee Department of Environment and 
Conservation on April 17, 1995, as part of the Tennessee SIP.
    (i) Incorporation by reference. The following sections of the 
Tennessee Department of Environment and Conservation Board Order Number 
95-24: VI. Maintenance and contingency plan adopted on April 12, 1995.
    (ii) Other material. None.
    (160) The maintenance plan and redesignation request for the New 
Johnsonville Area which includes that portion of Benton and that portion 
of Humphreys Counties, Tennessee, surrounding TVA's Johnsonville plant 
submitted by the Tennessee Department of Environment and Conservation on 
December 17, 1993, as part of the Tennessee SIP.
    (i) Incorporation by reference. The following sections of the 
Tennessee Department of Environment and Conservation Board Order Number 
93-25: I. Maintenance Plan; and II. Contingency Plan adopted on December 
15, 1993.
    (ii) Other material. None.
    (161) Revisions to the Knox County portion of the Tennessee state 
implementation plan submitted to EPA by the State of Tennessee on 
December 24, 1996 and June 18, 1997, concerning process particulate 
emissions and volatile organic compounds (VOC) were approved.
    (i) Incorporation by reference.
    (A) Section 19.2 of the Knox County Air Pollution Control Regulation 
``Process Particulate Emissions'' effective December 11, 1996.
    (B) Section 46.2.A.34 of the Knox County Air Pollution Control 
Regulation ``Volatile Organic Compounds'' effective June 11, 1997.
    (ii) Other material. None.
    (162) Revisions to the Nashville/Davidson County portion of the 
Tennessee State Implementation Plan submitted to EPA by the State of 
Tennessee on July 23, 1997, concerning regulatory revisions for control 
of volatile organic compounds.
    (i) Incorporation by reference. Regulation No.7, Section 7-16, 
effective July 9, 1997.
    (ii) Other material. None.
    (163) Revisions to the Tennessee Air Pollution Control Regulations 
submitted on May 8, 1997.
    (i) Incorporation by reference.
    Paragraph (1) of Rule 1200-3-18-.83 TEST METHODS AND COMPLIANCE 
PROCEDURES: EMISSION CAPTURE AND DESTRUCTION OR REMOVAL EFFICIENCY AND 
MONITORING REQUIREMENTS effective on April 15, 1997.
    (ii) Other material. None.
    (164) Revisions to the Nashville/Davidson County portion of the 
Tennessee State Implementation Plan submitted to EPA by the State of 
Tennessee on April 7, 1997.
    (i) Incorporation by reference. Chapter 10.56, Sections 10.56.010, 
10.56.080(B), 10.56.160, 10.56.280(D), effective March 12, 1997.
    (ii) Other material. None.
    (165) The revisions to the maintenance plan and emission inventory 
for the Memphis and Shelby County Area which includes Shelby County and 
the City of Memphis submitted by the Tennessee Department of Environment 
and Conservation on September 18, 1997, and June 30, 1998, as part of 
the Tennessee SIP.
    (i) Incorporation by reference. Non-Regulatory SIP Submittal 
Including I. The 1993 Ozone, Nitrogen Oxides, and Carbon Monoxide 
Triennial Emission Inventory; II. Revisions to the 1990

[[Page 823]]

Base Year Inventory; III. Amendments to the CO and O3 
Maintenance Plans to Specify Conformity Emission Budgets adopted on 
September 10, 1997.
    (A) Mobile and point source emission budgets volatile organic 
compounds summer season tons per day (PJVCTD3.WK1)
    (B) Mobile and point source emission budgets nitrogen oxides summer 
season tons per day (PJNXTD3.WK1)
    (C) Mobile and point source emission budgets carbon monoxide winter 
season tons per day (PJCOTD3.WK1)
    (D) Mobile and point source emission budgets volatile organic 
compounds summer season tons per day
    (E) Mobile and point source emission budgets nitrogen oxides summer 
season tons per day
    (F) Mobile and point source emission budgets carbon monoxide winter 
season tons per day.
    (ii) Other material. None.
    (166) [Reserved]
    (167) The adoption of the credible evidence regulations, which were 
submitted on November 16, 1994, into the Nashville/Davidson County 
portion of the Tennessee SIP.
    (i) Incorporation by reference. Section 10.56.290 Measurement and 
Reporting of Emissions effective on October 6, 1994.
    (ii) Other material. None.
    (168) Revisions to the Knox County portion of the Tennessee state 
implementation plan submitted to EPA by the State of Tennessee on 
November 13, 1998, concerning VOC and use of LAER for major 
modifications to existing sources were approved.
    (i) Incorporation by reference.
    (A) Section 46.2.A.34 of the Knox County Air Pollution Control 
Regulation ``Volatile Organic Compounds/Definitions'' effective November 
10, 1998.
    (B) Section 46.3.A of the Knox County Air Pollution Control 
Regulation ``Volatile Organic Compounds/Standards for New Sources'' 
effective November 10, 1998.
    (ii) Other material. None.

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

    Editorial Note: For Federal Register citations affecting Sec. 
52.2239, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.2240  Interstate pollutant transport provisions; What are 
the FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the 
State of Tennessee and for which requirements are set forth under the 
Federal CAIR NOX Annual Trading Program in subparts AA 
through II of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the Tennessee State Implementation 
Plan (SIP) as meeting the requirements of CAIR for PM2.5 
relating to NOX under Sec. 51.123 of this chapter, except to 
the extent the Administrator's approval is partial or conditional or 
unless such approval is under Sec. 51.123(p) of this chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX allowances to 
sources in the State for any years, the provisions of part 97 of this 
chapter authorizing the Administrator to complete the allocation of CAIR 
NOX allowances for those years shall continue to apply, 
unless the Administrator approves a SIP provision that provides for the 
allocation of the remaining CAIR NOX allowances for those 
years.
    (b)(1) The owner and operator of each NOX source located 
within the State of Tennessee and for which requirements are set forth 
under the Federal CAIR NOX Ozone Season Trading Program in 
subparts AAAA through IIII of part 97 of this chapter must comply with 
such applicable requirements. The obligation to comply with these 
requirements in part 97 of this chapter will be eliminated by the 
promulgation of an approval by the Administrator of a revision to the 
Tennessee State Implementation Plan (SIP) as meeting the

[[Page 824]]

requirements of CAIR for ozone relating to NOX under Sec. 
51.123 of this chapter, except to the extent the Administrator's 
approval is partial or conditional or unless such approval is under 
Sec. 51.123(ee) of this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX Ozone Season 
allowances to sources in the State for any years, the provisions of part 
97 of this chapter authorizing the Administrator to complete the 
allocation of CAIR NOX Ozone Season allowances for those 
years shall continue to apply, unless the Administrator approves a SIP 
provision that provides for the allocation of the remaining CAIR 
NOX Ozone Season allowances for those years.

[72 FR 62354, Nov. 2, 2007]



Sec. 52.2241  Interstate pollutant transport provisions; What are 
the FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within 
the State of Tennessee and for which requirements are set forth under 
the Federal CAIR SO2 Trading Program in subparts AAA through 
III of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the Tennessee State Implementation 
Plan as meeting the requirements of CAIR for PM2.5 relating 
to SO2 under Sec. 51.124 of this chapter, except to the 
extent the Administrator's approval is partial or conditional or unless 
such approval is under Sec. 51.124(r) of this chapter.

[72 FR 62355, Nov. 2, 2007]



                            Subpart SS_Texas



Sec. 52.2270  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan (SIP) for Texas under section 110 of the Clean Air 
Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air 
quality standards.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to December 
31, 1998, were approved for incorporation by reference by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Material is incorporated as it exists on the date of the 
approval, and notice of any change in the material will be published in 
the Federal Register. Entries in paragraphs (c) and (d) of this section 
with EPA approval dates after December 31, 1998, will be incorporated by 
reference in the next update to the SIP compilation.
    (2) EPA Region 6 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) are an 
exact duplicate of the officially promulgated State rules/regulations 
which have been approved as part of the State Implementation Plan as of 
December 31, 1998.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region 6 EPA Office at 1445 Ross Avenue, Suite 700, 
Dallas, Texas, 75202-2733; the EPA, Air and Radiation Docket and 
Information Center, Air Docket (6102), 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.
    (c) EPA approved regulations.

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                        State approval/
         State citation              Title/Subject      Submittal date     EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
                                     Chapter 101--General Air Quality Rules
----------------------------------------------------------------------------------------------------------------
                                           Subchapter A--General Rules
----------------------------------------------------------------------------------------------------------------
Section 101.1...................  Definitions.......  08/21/02..........  03/30/05, 70 FR
                                                                           16129.

[[Page 825]]

 
Section 101.2...................  Multiple air        04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                   Contaminant                             16568.
                                   Sources or
                                   Properties.
Section 101.3...................  Circumvention.....  04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                                                           16568.
Section 101.4...................  Nuisance..........  04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                                                           16568.
Section 101.5...................  Traffic Hazard....  04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                                                           16568.
Section 101.8...................  Sampling..........  12/11/73..........  01/27/82, 47 FR     Ref
                                                                           03767.              52.2299(c)(33).
Section 101.9...................  Sampling Ports....  04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                                                           16568.
Section 101.10..................  Emission Inventory  10/15/92..........  08/26/94, 59 FR     Ref
                                   Requirements.                           44036.              52.2299(c)(82).
Section 101.13..................  Use and Effect of   04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                   Rules.                                  16568.
Section 101.14..................  Sampling            04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                   Procedures and                          16568.
                                   Terminology.
Section 101.18..................  Remedies            04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                   Cumulative.                             16568.
Section 101.19..................  Severability......  04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                                                           16568.
Section 101.20..................  Compliance with     05/09/75..........  06/01/77, 42 FR     Rule 23 Ref,
                                   Environmental      07/26/85..........   27894.              52.2299(c)(10)
                                   Protection Agency                      06/24/92, 57 FR     Section 101.20(3),
                                   Standards.                              28093.              Ref
                                                                                               52.2299(c)(73).
                                                                                              (1) and (2) NOT IN
                                                                                               SIP.
Section 101.21..................  The National        05/09/75..........  06/01/77, 42 FR     Ref
                                   Primary and                             27894.              52.2299(c)(10).
                                   Secondary Air
                                   Quality Standards.
Section 101.22..................  Effective Date....  07/20/81..........  04/22/82, 47 FR     Ref
                                                                           17285.              52.2299(c)(31).
Section 101.30..................  Conformity of       11/22/94 and 08/21/ 03/11/98, 63 FR     Ref
                                   General and State   97.                 11833.              52.2299(c)(106).
                                   Actions to State
                                   Implementation
                                   Plans.
Section 101. Rule 16............  Invoking            04/13/73..........  6/22/73, 38 FR      Ref 52.2299(c)(7).
                                   Jurisdiction.                           16568.              Not in current
                                                                                               Texas General
                                                                                               Rules.
Section 101. Rule 19............  Initiation of       04/13/73..........  06/22/73, 38 FR     Ref 52.2299(c)(7).
                                   Review.                                 16568.              Not in current
                                                                                               Texas General
                                                                                               Rules.
----------------------------------------------------------------------------------------------------------------
           Subchapter F--Emissions Events and Scheduled Maintenance, Startup, and Shutdown Activities
----------------------------------------------------------------------------------------------------------------
                                          Division 1--Emissions Events
----------------------------------------------------------------------------------------------------------------
Section 101.201.................  Emissions Event     08/21/02..........  03/30/05, 70 FR
                                   Reporting and                           16129.
                                   Recordkeeping
                                   Requirements.
----------------------------------------------------------------------------------------------------------------
                            Division 2--Maintenance, Startup, and Shutdown Activities
----------------------------------------------------------------------------------------------------------------
Section 101.211.................  Scheduled           08/21/02..........  03/30/05, 70 FR
                                   Maintenance,                            16129.
                                   Startup, and
                                   Shutdown
                                   Reporting and
                                   Recordkeeping
                                   Requirements.
----------------------------------------------------------------------------------------------------------------
         Division 3--Operational Requirements, Demonstrations, and Actions to Reduce Excessive Emissions
----------------------------------------------------------------------------------------------------------------
Section 101.221.................  Operational         6/3/05............  8/26/05, 70 FR
                                   Requirements.                           50205.
Section 101.222.................  Demonstrations....  6/3/05............  8/26/05, 70 FR
                                                                           50205.
Section 101.223.................  Actions to Reduce   6/3/05............  8/26/05, 70 FR
                                   Excessive                               50205.
                                   Emissions.
Section 101.224.................  Temporary           08/21/02..........  03/30/05, 70 FR
                                   Exemptions During                       16129.
                                   Drought
                                   Conditions.
----------------------------------------------------------------------------------------------------------------
                                              Division 4--Variances
----------------------------------------------------------------------------------------------------------------
Section 101.231.................  Petition for        08/21/02..........  03/30/05, 70 FR
                                   Variance.                               16129.
Section 101.232.................  Effect of           08/21/02..........  03/30/05, 70 FR
                                   Acceptance of                           16129.
                                   Variance or
                                   Permit.
Section 101.233.................  Variance Transfers  08/21/02..........  03/30/05, 70 FR
                                                                           16129.
----------------------------------------------------------------------------------------------------------------

[[Page 826]]

 
                                   Subchapter H--Emissions Banking and Trading
----------------------------------------------------------------------------------------------------------------
                                 Division 1--Emission Credit Banking and Trading
----------------------------------------------------------------------------------------------------------------
Section 101.300.................  Definitions.......  11/10/04..........  9/6/06, 71 FR
                                                                           52698.
Section 101.301.................  Purpose...........  12/13/02..........  9/6/06, 71 FR
                                                                           52698.
Section 101.302.................  General Provisions  11/10/04..........  9/6/06, 71 FR
                                                                           52698.
Section 101.303.................  Emission Reduction  11/10/04..........  9/6/06, 71 FR
                                   Credit General                          52698.
                                   and Certification.
Section 101.304.................  Mobile Emission     11/10/04..........  9/6/06, 71 FR
                                   Reduction Credit                        52698.
                                   Generation and
                                   Certfication.
Section 101.306.................  Emission Credit     12/13/02..........  9/6/06, 71 FR
                                   Use.                                    52698.
Section 101.309.................  Emission Credit     12/13/02..........  9/6/06, 71 FR
                                   Banking and                             52698.
                                   Trading.
Section 101.311.................  Program Audits and  11/10/04..........  9/6/06, 71 FR
                                   Reports.                                52698.
----------------------------------------------------------------------------------------------------------------
                                Division 3--Mass Emissions Cap and Trade Program
----------------------------------------------------------------------------------------------------------------
Section 101.350.................  Definitions.......  12/13/02..........  9/6/06, 71 FR
                                                                           52664.
Section 101.351.................  Applicability.....  12/13/02..........  9/6/06, 71 FR
                                                                           52664.
Section 101.352.................  General Provisions  12/13/02..........  9/6/06, 71 FR
                                                                           52664.
Section 101.353.................  Allocation of       12/13/02..........  9/6/06, 71 FR
                                   Allowances.                             52664.
Section 101.354.................  Allowance           12/13/02..........  9/6/06, 71 FR
                                   Deductions.                             52664.
Section 101.356.................  Allowance Banking   11/10/04..........  9/6/06, 71 FR
                                   and Trading.                            52664.
Section 101.358.................  Emission            12/06/00..........  11/14/01, 66 FR
                                   Monitoring and                          57252.
                                   Compliance
                                   Demonstration.
Section 101.359.................  Reporting.........  11/10/04..........  9/6/06, 71 FR
                                                                           52664.
Section 101.360.................  Level of Activity   12/13/02..........  9/6/06, 71 FR
                                   Certification.                          52664.
Section 101.363.................  Program Audits and  09/26/01..........  11/14/01, 66 FR
                                   Reports.                                57252.
----------------------------------------------------------------------------------------------------------------
                            Division 4--Discrete Emission Credit Banking and Trading
----------------------------------------------------------------------------------------------------------------
Section 101.370.................  Definitions.......  11/10/04..........  09/06/06, 71 FR
                                                                           52703.
Section 101.371.................  Purpose...........  12/13/02..........  09/06/06, 71 FR
                                                                           52703.
Section 101.372.................  General Provisions  12/13/02..........  09/06/06, 71 FR
                                                                           52703.
Section 101.373.................  Discrete Emission   11/10/04..........  09/06/06, 71 FR
                                   Reduction Credit                        52703.
                                   Generation and
                                   Certification.
Section 101.374.................  Mobile Discrete     11/10/04..........  09/06/06, 71 FR
                                   Emission                                52703.
                                   Reduction Credit
                                   Generation and
                                   Certification.
Section 101.376.................  Discrete Emission   11/10/04..........  09/06/06, 71 FR     Subsection
                                   Credit Use.                             52703.              101.376(c)(4) NOT
                                                                                               in SIP
Section 101.378.................  Discrete Emission   12/13/02..........  09/06/06, 71 FR
                                   Credit Banking                          52703.
                                   and Trading.
Section 101.379.................  Program Audits and  12/13/02..........  09/06/06, 71 FR
                                   Reports.                                52703.
----------------------------------------------------------------------------------------------------------------
              Division 6--Highly-Reactive Volatile Organic Compound Emissions Cap and Trade Program
----------------------------------------------------------------------------------------------------------------
Section 101.390.................  Definitions.......  12/01/04..........  9/6/06, 71 FR
                                                                           52659.
Section 101.391.................  Applicability.....  12/01/04..........  9/6/06, 71 FR
                                                                           52659.
Section 101.392.................  Exemptions........  12/01/04..........  9/6/06, 71 FR
                                                                           52659.
Section 101.393.................  General provisions  12/01/04..........  9/6/06, 71 FR
                                                                           52659.
Section 101.394.................  Allocation of       12/01/04..........  9/6/06, 71 FR
                                   allowances.                             52659.
Section 101.396.................  Allowance           12/01/04..........  9/6/06, 71 FR
                                   deductions.                             52659.
Section 101.399.................  Allowance Banking   12/01/04..........  9/6/06, 71 FR
                                   and Trading.                            52659.

[[Page 827]]

 
Section 101.400.................  Reporting.........  12/01/04..........  9/6/06, 71 FR
                                                                           52659.
Section 101.401.................  Level of activity   2/01/04...........  9/6/06, 71 FR
                                   certification.                          52659.
Section 101.403.................  Program audits and  12/01/04..........  9/6/06, 71 FR
                                   reports.                                52659.
----------------------------------------------------------------------------------------------------------------
                                      Division 7--Clean Air Interstate Rule
----------------------------------------------------------------------------------------------------------------
Section 101.503.................  Clean Air           07/12/06..........  07/30/07, 72 FR
                                   Interstate Rule                         41453.
                                   Oxides of
                                   Nitrogen Annual
                                   Trading Budget.
Section 101.504.................  Timing              07/12/06..........  07/30/, 72 FR       Subsections
                                   Requirements for                        41453.              101.504(a)(2),
                                   Clean Air                                                   101.504(a)(3),
                                   Interstate Rule                                             101.504(a)(4),
                                   Oxides of                                                   101.504(c), and
                                   Nitrogen                                                    101.504(d) NOT IN
                                   Allowance                                                   SIP.
                                   Allocations.
Section 101.506.................  Clean Air           07/12/06..........  07/30/, 72 FR       Subsections
                                   Interstate Rule                         41453.              101.506(a)(2),
                                   Oxides of                                                   101.506(b)(2),
                                   Nitrogen                                                    101.506(b)(3),
                                   Allowance                                                   and 101.506(g)
                                   Allocations.                                                NOT IN SIP.
Section 101.508.................  Compliance          07/12/06..........  07/30/07, 72 FR
                                   Supplement Pool.                        41453.
                                          Chapter 106--Permits by Rule
----------------------------------------------------------------------------------------------------------------
                                       Subchapter A--General Requirements
----------------------------------------------------------------------------------------------------------------
Section 106.1...................  Purpose...........  08/09/00..........  11/14/03, 68 FR
                                                                           64548.
Section 106.2...................  Applicability.....  08/09/00..........  11/14/03, 68 FR
                                                                           64548.
Section 106.4...................  Requirements for    03/07/01..........  11/14/03, 68 FR
                                   Permitting by                           64548.
                                   Rule.
Section 106.6...................  Registration of     11/20/02..........  11/14/03, 68 FR
                                   Emissions.                              64548.
Section 106.8...................  Recordkeeping.....  10/10/01..........  11/14/03, 68 FR
                                                                           64548.
Section 106.13..................  References to       08/09/00..........  11/14/03, 68 FR
                                   Standard                                64548.
                                   Exemptions and
                                   Exemptions from
                                   Permitting.
----------------------------------------------------------------------------------------------------------------
 Subchapter B--Registration Fees
     for New Permits by Rule
----------------------------------------------------------------------------------------------------------------
Section 106.50..................  Registration Fees   9/25/2002.........  3/20/2009, 74 FR
                                   for Permits by                          11851..
                                   Rule.
           Chapter 111 (Reg 1)--Control of Air Pollution from Visible Emissions and Particulate Matter
                             Subchapter A: Visible Emissions and Particulate Matter
                                          Division 1: Visible Emissions
----------------------------------------------------------------------------------------------------------------
Section 111.111(a), (b).........  Requirements for    6/18/1993.........  5/8/1996, 61 FR
                                   Specified Sources.                      20732.
Section 111.111(c)..............  Requirements for    10/25/1991........  1/18/1994, 59 FR
                                   Specified Sources.                      2532.
Section 111.113.................  Alternative         6/16/1989.........  5/8/1996, 61 FR
                                   Opacity                                 20732.
                                   Limitations.
----------------------------------------------------------------------------------------------------------------
                                            Division 2: Incineration
----------------------------------------------------------------------------------------------------------------
Section 111.121.................  Single-Chamber      6/16/1989.........  4/28/2009, 74 FR
                                   Incineration.                           19144.
----------------------------------------------------------------------------------------------------------------
             Division 4: Materials Handling, Construction, Roads, Streets, Alleys, and Parking Lots
----------------------------------------------------------------------------------------------------------------
Section 111.141.................  Geographic Areas    10/25/1991........  1/18/1994, 59 FR
                                   of Application                          02532.
                                   and Date of
                                   Compliance.

[[Page 828]]

 
Section 111.143.................  Materials Handling  6/16/1989.........  1/18/1994, 59 FR
                                                                           02532.
Section 111.145.................  Construction and    10/25/1991........  1/18/1994, 59 FR
                                   Demolition.                             02532.
Section 111.147.................  Roads, Streets,     10/25/1991........  1/18/1994, 59 FR
                                   and Alleys.                             02532.
Section 111.149.................  Parking Lots......  6/16/1989.........  1/18/1994, 59 FR
                                                                           02532.
----------------------------------------------------------------------------------------------------------------
                            Division 5: Emission Limits on Nonagricultural Processes
----------------------------------------------------------------------------------------------------------------
Section 111.151.................  Allowable           6/16/1989.........  4/28/2009, 74 FR
                                   Emissions Limits.                       19144.
Section 111.153.................  Emission Limits     6/16/1989.........  4/28/2009, 74 FR
                                   for Steam                               19144.
                                   Generators.
Rule 105.2......................  Ground Level        1/26/1972.........  5/31/1972, 27 FR
                                   Concentrations.                         10842.
----------------------------------------------------------------------------------------------------------------
                              Division 6: Emission Limits on Agricultural Processes
----------------------------------------------------------------------------------------------------------------
Section 111.171.................  Emission Limits     6/16/1989.........  4/28/2009, 74 FR
                                   Based on Process                        19144.
                                   Weight Method.
Section 111.173.................  Emissions Limits    6/16/1989.........  4/28/2009, 74 FR
                                   Based on                                19144.
                                   Alternate Method.
Section 111.175.................  Exemptions........  6/16/1989.........  4/28/2009, 74 FR
                                                                           19144.
----------------------------------------------------------------------------------------------------------------
                           Division 7: Exemptions for Portable or Transient Operations
----------------------------------------------------------------------------------------------------------------
Section 111.181.................  Exemption Policy..  6/16/1989.........  4/28/2009, 74 FR
                                                                           19144.
Section 111.183.................  Requirements for    6/16/1989.........  4/28/2009, 74 FR
                                   Exemptions.                             19144.
----------------------------------------------------------------------------------------------------------------
                                          Subchapter B: Outdoor Burning
----------------------------------------------------------------------------------------------------------------
Section 111.201.................  General             8/21/1996.........  4/28/2009, 74 FR
                                   Prohibitions.                           19144.
Section 111.203.................  Definitions.......  8/21/1996.........  4/28/2009, 74 FR
                                                                           19144.
Section 111.205.................  Exceptions for      8/21/1996.........  4/28/2009, 74 FR
                                   Fire Training.                          19144.
Section 111.207.................  Exceptions for      8/21/1996.........  4/28/2009, 74 FR
                                   Fires Used for                          19144.
                                   Recreation,
                                   Ceremony,
                                   Cooking, and
                                   Warmth.
Section 111.209.................  Exception for       8/21/1996.........  4/28/2009, 74 FR
                                   Disposal Fires.                         19144.
Section 111.211.................  Exception for       8/21/1996.........  4/28/2009, 74 FR
                                   Prescribed Burn.                        19144.
Section 111.213.................  Exception for       8/21/1996.........  4/28/2009, 74 FR
                                   Hydrocarbon                             19144.
                                   Burning.
Section 111.215.................  Executive Director  8/21/1996.........  4/28/2009, 74 FR
                                   Approval of                             19144.
                                   Otherwise
                                   Prohibited
                                   Outdoor Burning.
Section 111.219.................  General             8/21/1996.........  4/28/2009, 74 FR
                                   Requirements for                        19144.
                                   Allowable Outdoor
                                   Burning.
Section 111.221.................  Responsibility for  8/21/1996.........  4/28/2009, 74 FR
                                   Consequences of                         19144.
                                   Outdoor Burning.
                       Chapter 112 (Reg 2)--Control of Air Pollution From Sulfur Compounds
----------------------------------------------------------------------------------------------------------------
Section 112.1...................  Definitions.......  09/18/92..........  08/30/93, 58 FR     Ref
                                                                           45456.              52.2299(c)(76).
Section 112.2...................  Compliance,         09/18/92..........  08/30/93, 58 FR     Ref
                                   Reporting, and                          45456.              52.2299(c)(76).
                                   Recordkeeping.
Section 112.3...................  Net Ground Level    09/18/92..........  08/30/93, 58 FR     Ref
                                   Concentrations.                         45456.              52.2299(c)(76).

[[Page 829]]

 
Section 112.4...................  Net Ground Level    09/18/92..........  08/30/93, 58 FR     Ref
                                   Concentrations--E                       45456.              52.2299(c)(76).
                                   xemption
                                   Conditions.
Section 112.5...................  Allowable Emission  09/18/92..........  08/30/93, 58 FR     Ref
                                   Rates--Sulfuric                         45456.              52.2299(c)(76).
                                   Acid Plant
                                   Burning Elemental
                                   Sulfur.
Section 112.6...................  Allowable Emission  09/18/92..........  08/30/93, 58 FR     Ref
                                   Rates--Sulfuric                         45456.              52.2299(c)(76).
                                   Acid Plant.
Section 112.7...................  Allowable Emission  09/18/92..........  08/30/93, 58 FR     Ref
                                   Rates--Sulfur                           45456.              52.2299(c)(76).
                                   Recovery Plant.
Section 112.8...................  Allowable           09/18/92..........  02/18/97, 62 FR     Ref
                                   Emissions Rates                         07163.              52.2299(c)(101).
                                   from Solid Fossil
                                   Fuel-Fired Steam
                                   Generators.
Section 112.9...................  Allowable Emission  09/18/92..........  08/30/93, 58 FR     Ref
                                   Rates--Combustion                       45456.              52.2299(c)(76).
                                   of Liquid Fuel.
Section 112.14..................  Allowable Emission  09/18/92..........  08/30/93, 58 FR     Ref
                                   Rates--Nonferrous                       45456.              52.2299(c)(76).
                                   Smelter Processes.
Section 112.15..................  Temporary Fuel      09/18/92..........  08/30/93, 58 FR     Ref
                                   Shortage Plan                           45456.              52.2299(c)(76).
                                   Filing
                                   Requirements.
Section 112.16..................  Temporary Fuel      09/18/92..........  08/30/93, 58 FR     Ref
                                   Shortage Plan                           45456.              52.2299(c)(76).
                                   Operating
                                   Requirements.
Section 112.17..................  Temporary Fuel      09/18/92..........  08/30/93, 58 FR     Ref 52.2299(c)(76)
                                   Shortage Plan                           45456.
                                   Notification
                                   Procedures.
Section 112.18..................  Temporary Fuel      09/18/92..........  08/30/93, 58 FR     Ref 52.2299(c)(76)
                                   Shortage Plan                           45456.
                                   Reporting
                                   Requirements.
Section 112.19..................  Application for     09/18/92..........  08/30/93, 58 FR     Ref 52.2299(c)(76)
                                   Area Control Plan.                      45456.
Section 112.20..................  Exemption           09/18/92..........  08/30/93, 58 FR     Ref 52.2299(c)(76)
                                   Procedure.                              45456.
Section 112.21..................  Allowable Emission  09/18/92..........  08/30/93, 58 FR     Ref 52.2299(c)(76)
                                   Rates Under Area                        45456.
                                   Control Plan.
Section 112.41 to 112.47........  Control of          05/12/89..........  ..................  NOT in SIP but is
                                   Sulfuric Acid.                                              a part of the EPA
                                                                                               approved Texas
                                                                                               111(d) Plan
Section 112.51 to 112.59........  Control of Total    05/12/89..........  ..................  NOT in SIP but is
                                   Reduced Sulfur                                              a part of the EPA
                                   (TRS).                                                      approved Texas
                                                                                               111(d) Plan.
----------------------------------------------------------------------------------------------------------------
                       Chapter 113 (Reg 3)--Control of Air Pollution From Toxic Materials
----------------------------------------------------------------------------------------------------------------
                                   Subchapter B--Lead from Stationary Sources
                                      Nonferrous Smelters in El Paso County
----------------------------------------------------------------------------------------------------------------
Section 113.31..................  Maintenance and     08/21/97..........  10/23/98, 63 FR     Ref
                                   Operation of                            56083.              52.2299(c)(114).
                                   Control Equipment.
Section 113.32..................  Areas Accessible    08/21/97..........  10/23/98, 63 FR     Ref
                                   to the General                          56083.              52.2299(c)(114)
                                   Public.
Section 113.33..................  Control of          08/21/97..........  10/23/98, 63 FR     Ref
                                   Fugitive Dust.                          56083.              52.2299(c)(114).
Section 113.34..................  Materials Handling  08/21/97..........  10/23/98, 63 FR     Ref
                                   and Transfer.                           56083.              52.2299(c)(114).
Section 113.35..................  Smelting of Lead..  08/21/97..........  10/23/98, 63 FR     Ref
                                                                           56083.              52.2299(c)(114).
Section 113.36..................  Smelting of Copper  08/21/97..........  10/23/98, 63 FR     Ref
                                   and Zinc.                               56083.              52.2299(c)(114).
Section 113.37..................  Lead Emissions      08/21/97..........  10/23/98, 63 FR     Ref
                                   Limits for Stacks.                      56083.              52.2299(c)(114).
----------------------------------------------------------------------------------------------------------------

[[Page 830]]

 
                                         Lead Smelters in Dallas County
----------------------------------------------------------------------------------------------------------------
Section 113.41..................  Maintenance and     08/21/97..........  10/23/98, 63 FR     Ref
                                   Operation of                            56083.              52.2299(c)(114).
                                   Control Equipment.
Section 113.42..................  Storage of Lead-    08/21/97..........  10/23/98, 63 FR     Ref
                                   Containing                              56083.              52.2299(c)(114).
                                   Materials.
Section 113.43..................  Transport of        08/21/97..........  10/23/98, 63 FR     Ref
                                   Materials.                              56083.              52.2299(c)(114).
Section 113.44..................  Fugitive Emissions  08/21/97..........  10/23/98, 63 FR     Ref
                                   from Lead                               56083.              52.2299(c)(114).
                                   Processes.
Section 113.45..................  Battery or Lead     08/21/97..........  10/23/98, 63 FR     Ref
                                   Reclaiming                              56083.              52.2299(c)(114).
                                   Operations.
Section 113.46..................  Lead Emission       08/21/97..........  10/23/98, 63 FR     Ref
                                   Limits for                              56083.              52.2299(c)(114).
                                   Reverberatory
                                   Furnaces and
                                   Blast Furnaces.
Section 113.47..................  Control of          08/21/97..........  10/23/98, 63 FR     Ref
                                   Fugitive Dust.                          56083.              52.2299(c)(114).
Section 113.48..................  Additional          08/21/97..........  10/23/98, 63 FR     Ref
                                   measures to                             56083.              52.2299(c)(114).
                                   Reduce lead
                                   Emissions.
----------------------------------------------------------------------------------------------------------------
                                    Compliance and Control Plan Requirements
----------------------------------------------------------------------------------------------------------------
Section 113.61..................  Compliance with     08/21/97..........  10/23/98, 63 FR     Ref
                                   Other Rules in El                       56083.              52.2299(c)(114).
                                   Paso County.
Section 113.62..................  Dates for Control   08/21/97..........  10/23/98, 63 FR     Ref
                                   Plan Submission                         56083.              52.2299(c)(114).
                                   and for Final
                                   Compliance in El
                                   Paso County.
Section 113.63..................  Control Plan        08/21/97..........  10/23/98, 63 FR     Ref
                                   Procedure in El                         56083.              52.2299(c)(114).
                                   Paso County.
Section 113.64..................  Reporting           08/21/97..........  10/23/98, 63 FR     Ref
                                   Procedure in El                         56083.              52.2299(c)(114).
                                   Paso County.
Section 113.65..................  Compliance with     08/21/97..........  10/23/98, 63 FR     Ref
                                   Other Rules in                          56083.              52.2299(c)(114).
                                   Dallas County.
Section 113.66..................  Dates for Control   08/21/97..........  10/23/98, 63 FR     Ref
                                   Plan Submission                         56083.              52.2299(c)(114).
                                   and for Final
                                   Compliance in
                                   Dallas County.
Section 113.67..................  Control Plan        08/21/97..........  10/23/98, 63 FR     Ref
                                   Procedure in                            56083.              52.2299(c)(114).
                                   Dallas County.
Section 113.68..................  Reporting           08/21/97..........  10/23/98, 63 FR     Ref
                                   Procedure in                            56083.              52.2299(c)(114).
                                   Dallas County.
----------------------------------------------------------------------------------------------------------------
                        Chapter 114 (Reg 4)--Control of Air Pollution from Motor Vehicles
----------------------------------------------------------------------------------------------------------------
                                            Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
Section 114.1...................  Definitions.......  09/05/04..........  09/06/06, 71 FR
                                                                           52670.
Section 114.2...................  Inspection and      09/05/04..........  09/06/06, 71 FR
                                   Maintenance                             52670.
                                   Definitions.
Section 114.3...................  Low Emission        07/29/98..........  2/7/01, 66 FR 9205
                                   Vehicle Fleet
                                   Definitions.
Section 114.5...................  Transportation      05/03/00..........  12/5/02, 67 FR
                                   Planning                                72382.
                                   Definition.
Section 114.6...................  Low Emission Fuel   06/13/07..........  10/24/08, 73 FR     ..................
                                   Definitions.                            63378.
----------------------------------------------------------------------------------------------------------------
      Subchapter C--Vehicle Inspection and Maintenance; Low Income Vehicle Repair Assistance, Retrofit, and
                    Accelerated Vehicle Retirement Program; and Early Action Compact Counties
----------------------------------------------------------------------------------------------------------------
                                 Division 1: Vehicle Inspection and Maintenance
----------------------------------------------------------------------------------------------------------------
Section 114.50..................  Vehicle Emission    09/05/04..........  09/06/06, 71 FR     Subsection
                                   Inspection                              52670.              114.50(b)(2) is
                                   Requirements.                                               NOT part of the
                                                                                               approved SIP.

[[Page 831]]

 
Section 114.51..................  Equipment           12/06/00..........  11/14/01, 66 FR
                                   Evaluation                              57264.
                                   Procedures for
                                   Vehicle Exhaust
                                   Gas Analyzers.
Section 114.52..................  Early               09/05/04..........  09/06/06, 71 FR
                                   Participation                           52670.
                                   Incentive Program.
Section 114.53..................  Inspection and      09/05/04..........  09/06/06, 71 FR
                                   Maintenance Fees.                       52670.
----------------------------------------------------------------------------------------------------------------
                                    Division 3: Early Action Compact Counties
----------------------------------------------------------------------------------------------------------------
Section 114.80..................  Applicability.....  11/17/04..........  8/8/05, 70 FR       ..................
                                                                           45542.
Section 114.81..................  Vehicle Emissions   11/17/04..........  8/8/05, 70 FR       ..................
                                   Inspection                              45542.
                                   Requirements.
Section 114.82..................  Control             11/17/04..........  8/8/05, 70 FR       Subsection
                                   Requirements.                           45542.              114.82(b) is NOT
                                                                                               part of the
                                                                                               approved SIP.
Section 114.83..................  Waivers and         11/17/04..........  8/8/05, 70 FR       ..................
                                   Extensions.                             45542.
Section 114.84..................  Prohibitions......  11/17/04..........  8/8/05, 70 FR       ..................
                                                                           45542.
Section 114.85..................  Equipment           11/17/04..........  8/8/05, 70 FR       ..................
                                   Evaluation                              45542.
                                   Procedures for
                                   Vehicle Exhaust
                                   Gas Analyzers.
Section 114.86..................  Low Income Repair   11/17/04..........  8/8/05, 70 FR       ..................
                                   Assistance                              45542.
                                   Program (LIRAP)
                                   for Participating
                                   Early Action
                                   Compact Counties.
Section 114.87..................  Inspection and      11/17/04..........  8/8/05, 70 FR       ..................
                                   Maintenance Fees.                       45542.
----------------------------------------------------------------------------------------------------------------
                              Subchapter E--Low Emission Vehicle Fleet Requirements
----------------------------------------------------------------------------------------------------------------
Section 114.150.................  Requirements for    07/29/98..........  2/7/01, 66 FR 9205
                                   Mass Transit
                                   Authorities.
Section 114.151.................  Requirements for    07/29/98..........  2/7/01, 66 FR 9205
                                   Local Governments
                                   and Private
                                   Federal entities.
Section 114.153.................  Exceptions........  07/29/98..........  2/7/01, 66 FR 9205
Section 114.154.................  Exceptions for      07/29/98..........  2/7/01, 66 FR 9205
                                   Certain Mass
                                   Transit
                                   Authorities.
Section 114.155.................  Reporting.........  07/29/98..........  2/7/01, 66 FR 9205
Section 114.156.................  Recordkeeping.....  07/29/98..........  2/7/01, 66 FR 9205
Section 114.157.................  Low Emission        07/29/98..........  2/7/01, 66 FR 9205
                                   Vehicle Fleet
                                   Program
                                   Compliance
                                   Credits.
----------------------------------------------------------------------------------------------------------------
                     Subchapter F--Vehicle Retirement and Mobile Emission Reduction Credits
----------------------------------------------------------------------------------------------------------------
                                  Division 1: Mobile Emission Reduction Credits
----------------------------------------------------------------------------------------------------------------
Section 114.201.................  Mobile Emission     07/29/98..........  2/7/01, 66 FR 9205
                                   Reduction Credit
                                   Program.
Section 114.202.................  Texas Mobile        07/29/98..........  2/7/01, 66 FR 9205
                                   Emission
                                   Reduction Credit
                                   Fund.
----------------------------------------------------------------------------------------------------------------
                                      Subchapter G--Transportation Planning
----------------------------------------------------------------------------------------------------------------
Section 114.260.................  Transportation      4/27/05...........  7/6/05, 70 FR       ..................
                                   Conformity.                             38776.
----------------------------------------------------------------------------------------------------------------

[[Page 832]]

 
                                        Subchapter H--Low Emission Fuels
----------------------------------------------------------------------------------------------------------------
                                         Division 1: Gasoline Volatility
----------------------------------------------------------------------------------------------------------------
Section 114.301.................  Control             04/25/00..........  4/26/01, 66 FR      Part (c) is not
                                   Requirements for                        20931.              approved.
                                   Reid Vapor
                                   Pressure.
Section 114.304.................  Registration of     04/25/00..........  4/26/01, 66 FR
                                   Gasoline                                20931.
                                   Producers and
                                   Importers.
Section 114.305.................  Approved Test       04/25/00..........  4/26/01, 66 FR
                                   Methods.                                20931.
Section 114.306.................  Recordkeeping,      04/25/00..........  4/26/01, 66 FR
                                   Reporting, and                          20931.
                                   Certification
                                   Requirements.
Section 114.307.................  Exemptions........  10/04/01..........  11/27/06, 71 FR
                                                                           68480.
Section 114.309.................  Affected Counties.  10/04/01..........  11/27/06, 71 FR
                                                                           68480.
----------------------------------------------------------------------------------------------------------------
                                         Division 2: Low Emission Diesel
----------------------------------------------------------------------------------------------------------------
Section 114.312.................  Low Emission        05/15/06..........  10/24/08, 73 FR     ..................
                                   Diesel Standards.                       63378.
Section 114.313.................  Designated          05/15/06..........  10/24/08, 73 FR     ..................
                                   Alternate Limits.                       63378.
Section 114.314.................  Registration of     03/09/05..........  10/6/05, 70 FR
                                   Diesel Producers                        58325.
                                   and Importers.
Section 114.315.................  Approved Test       05/15/06..........  10/24/08, 73 FR     ..................
                                   Methods.                                63378.
Section 114.316.................  Monitoring,         05/15/06..........  10/24/08, 73 FR     ..................
                                   Recordkeeping,                          63378.
                                   and Reporting
                                   Requirements.
Section 114.317.................  Exemption to Low    05/15/06..........  10/24/08, 73 FR     ..................
                                   Emission Diesel                         63378.
                                   Requirements.
Section 114.318.................  Alternative         06/11/07..........  10/24/08, 73 FR     ..................
                                   Emission                                63378.
                                   Reduction Plan.
Section 114.319.................  Affected Counties   06/13/07..........  10/24/08, 73 FR     ..................
                                   and Compliance                          63378.
                                   Dates.
----------------------------------------------------------------------------------------------------------------
                                         Subchapter I--Non-Road Engines
----------------------------------------------------------------------------------------------------------------
                                Division 3--Non-Road Large Spark-Ignition Engines
----------------------------------------------------------------------------------------------------------------
Section 114.420.................  Definitions.......  04/19/00..........  11/14/01, 66 FR
                                                                           57222.
Section 114.421.................  Emission            12/06/00..........  11/14/01, 66 FR
                                   Specifications.                         57222.
Section 114.422.................  Control             04/19/00..........  11/14/01, 66 FR
                                   Requirements.                           57222.
Section 114.427.................  Exemptions........  04/19/00..........  11/14/01, 66 FR
                                                                           57222.
Section 114.429.................  Affected Counties   12/06/00..........  11/14/01, 66 FR
                                   and Compliance                          57222.
                                   Schedules.
----------------------------------------------------------------------------------------------------------------
                              Subchapter J--Operational Controls for Motor Vehicles
----------------------------------------------------------------------------------------------------------------
                          Division 2: Locally Enforced Motor Vehicle Idling Limitations
----------------------------------------------------------------------------------------------------------------
Section 114.510.................  Definitions.......  11/17/04..........  4/11/05, 70 FR
                                                                           18308.
Section 114.511.................  Applicability.....  11/17/04..........  4/11/05, 70 FR
                                                                           18308.
Section 114.512.................  Control             11/17/04..........  4/11/05, 70 FR
                                   Requirements for                        18308.
                                   Motor Vehicle
                                   Idling.
Section 114.517.................  Exemptions........  11/17/04..........  4/11/05, 70 FR
                                                                           18308.
----------------------------------------------------------------------------------------------------------------
                                 Subchapter K--Mobile Source Incentive Programs
----------------------------------------------------------------------------------------------------------------
            Division 3: Diesel Emission Reduction Incentive Program for On-road and Non-road Vehicles
----------------------------------------------------------------------------------------------------------------
Section 114.620.................  Definitions.......  01/28/04..........  08/19/05, 70 FR
                                                                           48647.
Section 114.621.................  Applicability.....  01/28/04..........  08/19/05, 70 FR
                                                                           48647.
Section 114.622.................  Incentive Program   01/28/04..........  08/19/05, 70 FR
                                   Requirements.                           48647.
Section 114.623.................  Small Business      01/28/04..........  08/19/05, 70 FR
                                   Incentives.                             48647.

[[Page 833]]

 
Section 114.626.................  Monitoring,         08/22/01..........  08/19/05, 70 FR
                                   Recordkeeping,                          48647.
                                   and Reporting
                                   Requirements.
Section 114.629.................  Affected Counties   01/28/04..........  08/19/05, 70 FR
                                   and                                     48647.
                                   Implementation
                                   Schedule.
----------------------------------------------------------------------------------------------------------------
        Texas Department of Transportation Regulation--31 TAC Chapter 17--Vehicle Titles and Registration
----------------------------------------------------------------------------------------------------------------
Section 17.80...................  Vehicle Emissions   11/09/93..........  08/22/94, 59 FR     Ref 52.2299
                                   Verification                            43046.              (c)(87)(i)(F).
                                   System.
----------------------------------------------------------------------------------------------------------------
                  Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
                                            Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
Section 115.10..................   Definitions......  11/15/06..........  7/17/08, 73 FR
                                                                           40972.
----------------------------------------------------------------------------------------------------------------
 Subchapter B--General Volatile
    Organic Compound Sources
----------------------------------------------------------------------------------------------------------------
 Division 1: Storage of Volatile
        Organic Compounds
----------------------------------------------------------------------------------------------------------------
Section 115.112.................  Control             05/08/92..........  03/07/95, 60 FR
                                   Requirements.                           12438.
Section 115.113.................  Alternate Control   04/26/02..........  02/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.114.................  Inspection          05/08/92..........  03/07/95, 60 FR
                                   Requirements.                           12438.
Section 115.115.................  Approved Test       05/08/92..........  03/07/95, 60 FR
                                   Methods.                                12438.
Section 115.116.................  Monitoring and      04/26/02..........  02/27/08, 73 FR
                                   Recordkeeping                           10383.
                                   Requirements.
Section 115.117.................  Exemptions........  04/26/02..........  02/27/08, 73 FR
                                                                           10383.
Section 115.119.................  Counties and        11/15/06..........  7/17/08, 73 FR
                                   Compliance                              40972.
                                   Schedules.
                                          Division 2: Vent Gas Control
----------------------------------------------------------------------------------------------------------------
Section 115.120.................  Vent Gas            12/13/02..........  02/27/08, 73 FR
                                   Definitions.                            10383.
Section 115.121.................  Emission            12/13/02..........  02/27/08, 73 FR
                                   Specifications.                         10383.
Section 115.122.................  Control             12/13/02..........  02/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.123.................  Alternate Control   12/13/02..........  02/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.125.................  Testing             12/6/00...........  7/16/01, 66 FR
                                   Requirements.                           36913.
Section 115.126.................  Monitoring and      12/13/02..........  02/27/08, 73 FR
                                   Recordkeeping                           10383.
                                   Requirements.
Section 115.127.................  Exemptions........  12/13/02..........  02/27/08, 73 FR
                                                                           10383.
Section 115.129.................  Counties and        11/15/06..........  7/17/08, 73 FR
                                   Compliance                              40972.
                                   Schedules.
                                          Division 3: Water Separation
----------------------------------------------------------------------------------------------------------------
Section 115.131.................  Emission            05/04/94..........  05/22/97, 62 FR
                                   Specifications.                         27964.
Section 115.132.................  Control             04/26/02..........  02/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.133.................  Alternate Control   04/26/02..........  02/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.135.................  Testing             05/04/94..........  05/22/97, 62 FR
                                   Requirements.                           27964.
Section 115.136.................  Monitoring and      04/26/02..........  02/27/08, 73 FR
                                   Recordkeeping                           10383.
                                   Requirements.
Section 115.137.................  Exemptions........  04/26/02..........  02/27/08, 73 FR
                                                                           10383.
Section 115.139.................  Counties and        11/15/06..........  7/17/08, 73 FR
                                   Compliance                              40972.
                                   Schedules.
                                        Division 4: Industrial Wastewater
----------------------------------------------------------------------------------------------------------------
Section 115.140.................  Industrial          04/26/02..........  02/27/08, 73 FR
                                   Wastewater                              10383.
                                   Definitions.
Section 115.142.................  Control             12/13/02..........  02/27/08, 73 FR
                                   Requirements.                           10383.

[[Page 834]]

 
Section 115.143.................  Alternate Control   12/13/02..........  02/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.144.................  Inspection and      12/13/02..........  2/27/08, 73 FR
                                   Monitoring                              10383.
                                   Requirements.
Section 115.145.................  Approved Test       4/26/02...........  02/27/08, 73 FR
                                   Methods.                                10383.
Section 115.146.................  Recordkeeping       10/27/99..........  12/20/00, 65 FR
                                   Requirements.                           79745.
Section 115.147.................  Exemptions........  12/13/02..........  02/27/08, 73 FR
                                                                           10383.
Section 115.148.................  Training            10/27/99..........  12/20/00, 65 FR
                                   Requirements.                           79745.
Section 115.149.................  Counties and        11/15/06..........  7/17/08, 73 FR
                                   Compliance                              40972.
                                   Schedules.
                                   Division 5: Municipal Solid Waste Landfills
----------------------------------------------------------------------------------------------------------------
Section 115.152.................  Control             5/04/94...........  5/22/97, 62 FR
                                   Requirements.                           27964.
Section 115.153.................  Alternate Control   4/26/02...........  2/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.155.................  Approved Test       05/04/94..........  05/22/97, 62 FR
                                   Methods.                                27964.
Section 115.156.................  Monitoring and      5/4/94............  05/22/97, 62 FR
                                   Recordkeeping                           27964.
                                   Requirements.
Section 115.157.................  Exemptions........  5/4/94............  5/22/97, 62 FR
                                                                           27964.
Section 115.159.................  Counties and        4/26/02...........  2/27/08, 73 FR
                                   Compliance                              10383.
                                   Schedules.
----------------------------------------------------------------------------------------------------------------
                                           Division 6: Batch Processes
----------------------------------------------------------------------------------------------------------------
Section 115.160.................  Batch Process       12/13/02..........  02/27/08, 73 FR
                                   Definitions.                            10383.
Section 115.161.................  Applicability.....  12/13/02..........  02/27/08, 73 FR
                                                                           10383.
Section 115.162.................  Control             12/06/00..........  07/16/01, 66 FR
                                   Requirements.                           36913.
Section 115.163.................  Alternate Control   10/27/99..........  12/20/00, 65 FR
                                   Requirements.                           79745.
Section 115.164.................  Determination of    12/06/00..........  07/16/01, 66 FR
                                   Emissions and                           36913.
                                   Flow Rates.
Section 115.165.................  Approved Test       12/06/00..........  07/16/01, 66 FR
                                   Methods and                             36913.
                                   Testing
                                   Requirements.
Section 115.166.................  Monitoring and      12/13/02..........  02/27/08, 73 FR
                                   Recordkeeping                           10383.
                                   Requirements.
Section 115.167.................  Exemptions........  12/13/02..........  02/27/08, 73 FR
                                                                           10383.
Section 115.169.................  Counties and        04/26/02..........  02/27/08, 73 FR
                                   Compliance                              10383.
                                   Schedules.
----------------------------------------------------------------------------------------------------------------
                           Subchapter C--Volatile Organic Compound Transfer Operations
----------------------------------------------------------------------------------------------------------------
                         Division 1: Loading and Unloading of Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Section 115.211.................  Emission            12/13/02..........  01/19/06, 71 FR
                                   Specifications.                         3009.
Section 115.212.................  Control             12/06/00..........  07/16/01, 66 FR
                                   Requirements.                           36913.
Section 115.213.................  Alternate Control   06/30/99..........  12/20/00, 65 FR
                                   Requirements.                           79745.
Section 115.214.................  Inspection          04/26/02..........  01/19/06, 71 FR
                                   Requirements.                           3009.
Section 115.215.................  Approved Test       12/13/02..........  01/19/06, 71 FR
                                   Methods..                               3009.
Section 115.216.................  Monitoring and      10/22/03..........  01/19/06, 71 FR
                                   Record-keeping                          3009.
                                   Requirements.
Section 115.217.................  Exemptions........  10/22/03..........  01/19/06, 71 FR
                                                                           3009.
Section 115.219.................  Counties and        11/15/06..........  7/17/08, 73 FR
                                   Compliance                              40972.
                                   Schedules.
Section 115.220*................  Filling of          03/30/79..........  11/10/82, 47 FR     Ref
                                   Gasoline Storage                        50866.              52.2299(c)(48).
                                   Vessels (Stage I)                                           The number 220*
                                   for Motor                                                   was created to
                                   Vehicles Fuel                                               avoid duplicate
                                   Dispensing                                                  sections numbers
                                   Facilities in                                               in the SIP. There
                                   Bexar County.                                               is no section
                                                                                               115.220 in the
                                                                                               current SIP
                                                                                               approved
                                                                                               codification.
----------------------------------------------------------------------------------------------------------------

[[Page 835]]

 
     Division 2: Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities
----------------------------------------------------------------------------------------------------------------
Section 115.222.................  Control             03/23/05..........  01/19/06, 71 FR
                                   Requirements.                           3009.
Section 115.223.................  Alternate Control   03/23/05..........  01/19/06, 71 FR
                                   Requirements.                           3009.
Section 115.224.................  Inspection          06/30/99..........  12/20/00, 65 FR
                                   Requirements.                           79745.
Section 115.225.................  Testing             6/30/99...........  12/20/00, 65 FR
                                   Requirements.                           79745.
Section 115.226.................  Recordkeeping       6/30/99...........  12/20/00, 65 FR
                                   Requirements.                           79745.
Section 115.227.................  Exemptions........  11/17/04..........  3/29/05, 70 FR
                                                                           15769.
Section 115.229.................  Counties and        4/13/05...........  1/19/06, 71 FR
                                   Compliance                              3009.
                                   Schedule D.
----------------------------------------------------------------------------------------------------------------
                      Division 3: Control of Volatile Organic Leaks from Transport Vessels
----------------------------------------------------------------------------------------------------------------
Section 115.234.................  Inspection          6/30/99...........  12/20/00, 65 FR
                                   Requirements.                           79745.
Section 115.235.................  Approved Test       06/30/99..........  12/20/00, 65 FR
                                   Methods.                                79745.
Section 115.236.................  Recordkeeping       6/30/99...........  12/20/00, 65 FR
                                   Requirements.                           79745.
Section 115.237.................  Exemptions........  06/30/99..........  12/20/00, 65 FR
                                                                           79745.
Section 115.239.................  Counties and        11/15/06..........  7/17/08, 73 FR
                                   Compliance                              40972.
                                   Schedules.
----------------------------------------------------------------------------------------------------------------
    Division 4: Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities
----------------------------------------------------------------------------------------------------------------
Section 115.240.................  Stage II Vapor      3/23/05...........  1/19/06, 71 FR
                                   Recovery                                3009.
                                   Definitions and
                                   List of
                                   California Air
                                   Resources Board
                                   Certified Stage
                                   II Equipment.
Section 115.241.................  Emission            11/6/02...........  3/29/05, 70 FR
                                   Specifications.                         15769.
Section 115.242.................  Control             3/23/05...........  1/19/06, 71 FR
                                   Requirements.                           3009.
Section 115.243.................  Alternate Control   3/23/05...........  1/19/06, 71 FR
                                   Requirements.                           3009.
Section 115.244.................  Inspection          11/6/02...........  3/29/05, 70 FR
                                   Requirements.                           15769.
Section 115.245.................  Testing             3/23/05...........  1/19/06, 71 FR
                                   Requirements.                           3009.
Section 115.246.................  Recordkeeping       11/6/02...........  3/29/05, 70 FR
                                   Requirements.                           15769.
Section 115.247.................  Exemptions........  11/6/02...........  3/29/05, 70 FR
                                                                           15769.
Section 115.248.................  Training            3/23/05...........  1/19/06, 71 FR
                                   Requirements.                           3009.
Section 115.249.................  Counties and        3/23/05...........  1/19/06, 71 FR
                                   Compliance                              3009.
                                   Schedules.
Section 115.252 to 115.259......  Control of Reid     5/4/94............  05/22/97, 62 FR     Ref
                                   Vapor Pressure of                       27964.              52.2299(c)(104).
                                   Gasoline.
----------------------------------------------------------------------------------------------------------------
              Subchapter D--Petroleum Refining, Natural Gas Processing, and Petrochemical Processes
----------------------------------------------------------------------------------------------------------------
            Division 1: Process Unit Turnaround and Vacuum-Producing Systems in Petroleum Refineries
----------------------------------------------------------------------------------------------------------------
Section 115.311.................  Emission            4/26/02...........  2/27/08, 73 FR
                                   Specifications.                         10383.
Section 115.312.................  Control             12/13/02..........  2/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.313.................  Alternate Control   04/26/02..........  02/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.315.................  Testing             5/8/92............  3/7/95, 60 FR
                                   Requirements.                           12438.
Section 115.316.................  Monitoring and      4/26/02...........  2/27/08, 73 FR
                                   Recordkeeping                           10383.
                                   Requirements.
Section 115.317.................  Exemptions........  5/8/92............  3/7/95, 60 FR
                                                                           12438.
Section 115.319.................  Counties and        11/15/06..........  7/17/08, 73 FR
                                   Compliance                              40972.
                                   Schedules.
      Division 2: Fugitive Emission Control in Petroleum Refineries in Gregg, Nueces, and Victoria Counties
----------------------------------------------------------------------------------------------------------------
Section 115.322.................  Control             4/26/02...........  2/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.323.................  Alternate Control   8/8/01............  2/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.324.................  Inspection          5/8/02............  3/7/95, 60 FR
                                   Requirements.                           12438.
Section 115.325.................  Testing             4/26/02...........  2/27/08, 73 FR
                                   Requirements.                           10383.

[[Page 836]]

 
Section 115.326.................  Recordkeeping       12/13/02..........  2/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.327.................  Exemptions........  4/26/02...........  2/27/08, 73 FR
                                                                           10383.
Section 115.329.................  Counties and        8/8/01............  2/27/08, 73 FR
                                   Compliance                              10383.
                                   Schedules.
----------------------------------------------------------------------------------------------------------------
 Division 3: Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical
                                     Processes in Ozone Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Section 115.352.................  Control             12/1/04...........  2/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.353.................  Alternate Control   4/26/02...........  2/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.354.................  Monitoring and      12/1/04...........  2/27/08, 73 FR
                                   Inspection                              10383.
                                   Requirements.
Section 115.355.................  Approved Test       12/1/04...........  2/27/08, 73 FR
                                   Methods.                                10383.
Section 115.356.................  Recordkeeping       12/1/04...........  2/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.357.................  Exemptions........  12/1/04...........  2/27/08, 73 FR
                                                                           10383.
Section 115.359.................  Counties and        11/15/06..........  7/17/08, 73 FR
                                   Compliance                              40972.
                                   Schedules.
                                      Subchapter E--Solvent-Using Processes
----------------------------------------------------------------------------------------------------------------
                                        Division 1: Degreasing Processes
----------------------------------------------------------------------------------------------------------------
Section 115.412.................  Control             11/17/04..........  3/29/05, 70 FR
                                   Requirements.                           15769.
Section 115.413.................  Alternate Control   11/17/04..........  3/29/05, 70 FR
                                   Requirements.                           15769.
Section 115.415.................  Testing             11/17/04..........  3/29/05, 70 FR
                                   Requirements.                           15769.
Section 115.416.................  Recordkeeping       11/17/04..........  3/29/05, 70 FR
                                   Requirements.                           15769.
Section 115.417.................  Exemptions........  11/17/04..........  3/29/05, 70 FR
                                                                           15769.
Section 115.419.................  Counties and        11/15/06..........  7/17/08, 73 FR
                                   Compliance                              40972.
                                   Schedules.
----------------------------------------------------------------------------------------------------------------
                                      Division 2: Surface Coating Processes
----------------------------------------------------------------------------------------------------------------
Section 115.420.................  Surface Coating     12/13/02..........  01/19/06, 71 FR
                                   Definitions.                            3009.
Section 115.421.................  Emission            12/13/02..........  01/19/06, 71 FR
                                   Specifications.                         3009.
Section 115.422.................  Control             4/26/02...........  1/19/06, 71 FR
                                   Requirements.                           3009.
Section 115.423.................  Alternate Control   8/8/01............  1/19/06, 71 FR
                                   Requirements.                           3009.
Section 115.424.................  Inspection          6/29/00...........  10/30/01, 66 FR
                                   Requirements.                           54688
Section 115.425.................  Testing             6/29/00...........  10/30/01, 65 FR
                                   Requirements.                           54688
Section 115.426.................  Monitoring and      8/8/01............  1/19/06, 71 FR
                                   Recordkeeping                           3009.
                                   Requirements.
Section 115.427.................  Exemptions........  12/31/02..........  1/19/06, 71 FR
                                                                           3009.
Section 115.429.................  Counties and        4/13/05...........  1/19/06, 71 FR
                                   Compliance                              3009.
                                   Schedules.
----------------------------------------------------------------------------------------------------------------
                                Division 3: Flexographic and Rotogravure Printing
----------------------------------------------------------------------------------------------------------------
Section 115.430.................  Flexographic and    12/06/01..........  07/16/01, 66 FR
                                   Rotogravure                             36913.
                                   Printing
                                   Definitions.
Section 115.432.................  Control             08/08/01..........  01/19/06, 71 FR
                                   Requirements.                           3009.
Section 115.433.................  Alternate Control   08/08/01..........  01/19/06, 71 FR
                                   Requirements.                           3009.
Section 115.435.................  Testing             08/08/01..........  01/19/06, 71 FR
                                   Requirements.                           3009.
Section 115.436.................  Monitoring and      08/08/01..........  01/19/06, 71 FR
                                   Record-keeping                          3009.
                                   Requirements.
Section 115.437.................  Exemptions........  02/14/96..........  01/26/99, 64 FR
                                                                           3841.
Section 115.439.................  Counties and        11/15/06..........  7/17/08, 73 FR
                                   Compliance                              40972.
                                   Schedules.
----------------------------------------------------------------------------------------------------------------
                                    Division 4: Offset Lithographic Printing
----------------------------------------------------------------------------------------------------------------
Section 115.440.................  Offset Printing     04/26/02..........  01/19/06, 71 FR
                                   Definitions.                            3009.

[[Page 837]]

 
Section 115.442.................  Control             04/26/02..........  01/19/06, 71 FR
                                   Requirements.                           3009.
Section 115.443.................  Alternate Control   02/24/99..........  04/06/00, 65 FR
                                   Requirements.                           18003.
Section 115.445.................  Approved Test       04/26/02..........  01/19/06, 71 FR
                                   Methods.                                3009.
Section 115.446.................  Monitoring and      04/26/02..........  01/19/06, 71 FR
                                   Record-keeping                          3009.
                                   Requirements.
Section 115.449.................  Counties and        11/15/06..........  7/17/08, 73 FR
                                   Compliance                              40972.
                                   Schedules.
----------------------------------------------------------------------------------------------------------------
                                 Subchapter F--Miscellaneous Industrial Sources
----------------------------------------------------------------------------------------------------------------
                                           Division 1: Cutback Asphalt
----------------------------------------------------------------------------------------------------------------
Section 115.510.................  Cutback Asphalt     08/31/99..........  12/22/99, 64 FR
                                   Definitions.                            71670.
Section 115.512.................  Control             11/17/04..........  3/29/05, 70 FR
                                   Requirements.                           15769.
Section 115.513.................  Alternative         08/31/99..........  12/22/99, 64 FR
                                   Control                                 71670.
                                   Requirements.
Section 115.515.................  Testing             08/31/99..........  12/22/99, 64 FR
                                   Requirements.                           71670.
Section 115.516.................  Recordkeeping       11/17/04..........  3/29/05, 70 FR
                                   Requirements.                           15769.
Section 115.517.................  Exemptions........  11/17/04..........  3/29/05, 70 FR      Ref
                                                                           15769.              52.2299(c)(88).
Section 115.519.................  Counties and        11/15/06..........  7/17/08, 73 FR
                                   Compliance                              40972.
                                   Schedules.
----------------------------------------------------------------------------------------------------------------
                               Division 2: Pharmaceutical Manufacturing Facilities
----------------------------------------------------------------------------------------------------------------
Section 115.531.................  Emission            05/04/94..........  05/22/97, 62 FR
                                   Specifications.                         27964.
Section 115.532.................  Control             04/26/02..........  02/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.533.................  Alternate Control   04/26/02..........  02/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.534.................  Inspection          05/04/94..........  05/22/97, 62 FR
                                   Requirements.                           27964.
Section 115.535.................  Testing             04/26/02..........  02/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.536.................  Monitoring and      05/04/94..........  05/22/97, 62 FR
                                   Recordkeeping                           27964.
                                   Requirements.
Section 115.537.................  Exemptions........  05/04/94..........  05/22/97, 62 FR
                                                                           27964.
Section 115.539.................  Counties and        11/15/06..........  7/17/08, 73 FR
                                   Compliance                              40972.
                                   Schedules.
----------------------------------------------------------------------------------------------------------------
                 Division 3: Degassing or Cleaning of Stationary, Marine, and Transport Vessels
----------------------------------------------------------------------------------------------------------------
Section 115.541.................  Emission            04/26/02..........  02/27/08, 73 FR
                                   Specifications.                         10383.
Section 115.542.................  Control             04/26/02..........  02/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.543.................  Alternate Control   04/26/02..........  02/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.544.................  Inspection          05/04/94..........  05/22/97, 62 FR
                                   Requirements.                           27964.
Section 115.545.................  Approved Test       04/26/02..........  02/27/08, 73 FR
                                   Methods.                                10383.
Section 115.546.................  Monitoring and      04/26/02..........  02/27/08, 73 FR
                                   Recordkeeping                           10383.
                                   Requirements.
Section 115.547.................  Exemptions........  04/26/02..........  02/27/08, 73 FR
                                                                           10383.
Section 115.549.................  Counties and        04/26/02..........  02/27/08, 73 FR
                                   Compliance                              10383.
                                   Schedules.
----------------------------------------------------------------------------------------------------------------
                                   Division 4: Petroleum Dry Cleaning Systems
----------------------------------------------------------------------------------------------------------------
Section 115.552.................  Control             04/26/02..........  02/27/08, 73 FR
                                   Requirements.                           10383.
Section 115.553.................  Alternate Control   05/04/94..........  05/22/97, 62 FR
                                   Requirements.                           27964.
Section 115.555.................  Testing Methods     05/04/94..........  05/22/97, 62 FR
                                   and Procedures.                         27964.
Section 115.556.................  Recordkeeping       05/04/94..........  05/22/97, 62 FR
                                   Requirements.                           27964.
Section 115.557.................  Exemptions........  05/04/94..........  05/22/97, 62 FR
                                                                           27964.
Section 115.559.................  Counties and        04/26/02..........  02/27/08, 73 FR
                                   Compliance                              10383.
                                   Schedules.
----------------------------------------------------------------------------------------------------------------

[[Page 838]]

 
                                     Subchapter G--Consumer-Related Sources
----------------------------------------------------------------------------------------------------------------
                                 Division 1: Automotive Windshield Washer Fluid
----------------------------------------------------------------------------------------------------------------
Section 115.600.................  Consumer Products   01/28/04..........  02/10/05, 70 FR
                                   Definitions.                            7041.
Section 115.610.................  Applicability.....  01/28/04..........  02/10/05, 70 FR
                                                                           7041.
Section 115.612.................  Control             01/28/04..........  02/10/05, 70 FR
                                   Requirements.                           7041.
Section 115.613.................  Alternate Control   01/28/04..........  02/10/05, 70 FR
                                   Requirements.                           7041.
Section 115.615.................  Testing             01/28/04..........  02/10/05, 70 FR
                                   Requirements.                           7041.
Section 115.616.................  Recordkeeping and   01/28/04..........  02/10/05, 70 FR
                                   Reporting                               7041.
                                   Requirements.
Section 115.617.................  Exemptions........  01/28/04..........  02/10/05, 70 FR
                                                                           7041.
Section 115.619.................  Counties and        01/28/04..........  02/10/05, 70 FR
                                   Compliance                              7041.
                                   Schedules.
----------------------------------------------------------------------------------------------------------------
                                      Division 2: Portable Fuel Containers
----------------------------------------------------------------------------------------------------------------
Section 115.620.................  Definitions.......  10/27/04..........  02/10/05, 70 FR
                                                                           7041.
Section 115.621.................  Applicability.....  10/27/04..........  02/10/05, 70 FR
                                                                           7041.
Section 115.622.................  Performance         10/27/04..........  02/10/05, 70 FR
                                   Standards and                           7041.
                                   Testing
                                   Requirements.
Section 115.626.................  Labeling..........  10/27/04..........  02/10/05, 70 FR
                                                                           7041.
Section 115.627.................  Exemptions........  10/27/04..........  02/10/05, 70 FR
                                                                           7041.
Section 115.629.................  Affected Counties   10/27/04..........  02/10/05, 70 FR
                                   and Compliance                          7041.
                                   Schedules.
----------------------------------------------------------------------------------------------------------------
                            Subchapter H--Highly-Reactive Volatile Organic Compounds
                                          Division 1: Vent Gas Control
----------------------------------------------------------------------------------------------------------------
Section 115.720.................  Applicability and   12/01/04..........  9/06/06, 71 FR
                                   Definitions.                            52656.
Section 115.722.................  Site-wide Cap and   12/01/04..........  9/06/06, 71 FR
                                   Control                                 52656.
                                   Requirements.
Section 115.725.................  Monitoring and      12/01/04..........  9/06/06, 71 FR
                                   Testing                                 52656.
                                   Requirements.
Section 115.726.................  Recordkeeping and   12/01/04..........  9/06/06, 71 FR
                                   Reporting                               52656.
                                   Requirements.
Section 115.727.................  Exemptions........  12/01/04..........  9/06/06, 71 FR
                                                                           52656.
Section 115.729.................  Counties and        12/01/04..........  9/06/06, 71 FR
                                   Compliance                              52656.
                                   Schedules.
----------------------------------------------------------------------------------------------------------------
                                 Division 2: Cooling Tower Heat Exchange Systems
----------------------------------------------------------------------------------------------------------------
Section 115.760.................  Applicability and   12/01/04..........  9/06/06, 71 FR
                                   Cooling Tower                           52656.
                                   Heat Exchange
                                   System
                                   Definitions.
Section 115.761.................  Site-wide Cap.....  12/01/04..........  9/06/06, 71 FR
                                                                           52656.
Section 115.764.................  Monitoring and      12/01/04..........  9/06/06, 71 FR
                                   Testing                                 52656.
                                   Requirements.
Section 115.766.................  Recordkeeping and   12/01/04..........  9/06/06, 71 FR
                                   Reporting                               52656.
                                   Requirements.
Section 115.767.................  Exemptions........  12/01/04..........  9/06/06, 71 FR
                                                                           52656.
Section 115.769.................  Counties and        12/01/04..........  9/06/06, 71 FR
                                   Compliance                              52656.
                                   Schedules.
----------------------------------------------------------------------------------------------------------------
                                         Division 3: Fugitive Emissions
----------------------------------------------------------------------------------------------------------------
Section 115.780.................  Applicability.....  12/01/04..........  9/06/06, 71 FR
                                                                           52656.
Section 115.781.................  General Monitoring  12/01/04..........  9/06/06, 71 FR
                                   and Inspection                          52656.
                                   Requirements.
Section 115.782.................  Procedures and      12/01/04..........  9/06/06, 71 FR
                                   Schedule for Leak                       52656.
                                   Repair and Follow-
                                   up.
Section 115.783.................  Equipment           12/01/04..........  9/06/06, 71 FR
                                   Standards.                              52656.

[[Page 839]]

 
Section 115.786.................  Recordkeeping       12/01/04..........  9/06/06, 71 FR
                                   Requirements.                           52656.
Section 115.787.................  Exemptions........  12/01/04..........  9/06/06, 71 FR
                                                                           52656.
Section 115.788.................  Audit Provisions..  12/01/04..........  9/06/06, 71 FR
                                                                           52656.
Section 115.789.................  Counties and        12/01/04..........  9/06/06, 71 FR
                                   Compliance                              52656.
                                   Schedules.
----------------------------------------------------------------------------------------------------------------
                                     Subchapter J--Administrative Provisions
----------------------------------------------------------------------------------------------------------------
                                     Division 1: Alternate Means of Control
----------------------------------------------------------------------------------------------------------------
Section 115.901.................  Insignificant       07/13/94..........  05/22/97, 62 FR
                                   Emissions.                              27964.
Section 115.910.................  Availability of     04/26/02..........  02/27/08, 73 FR
                                   Alternate Means                         10383.
                                   of Control.
Section 115.911.................  Criteria for        04/26/02..........  02/27/08, 73 FR
                                   Approval of                             10383.
                                   Alternate Means
                                   of Control Plans.
Section 115.912.................  Calculations for    04/26/02..........  02/27/08, 73 FR
                                   Determining                             10383.
                                   Alternate Means
                                   of Control
                                   Reductions.
Section 115.913.................  Procedures for      04/26/02..........  02/27/08, 73 FR
                                   Alternate Means                         10383.
                                   of Control Plan
                                   Submittal.
Section 115.914.................  Procedures for an   04/26/02..........  02/27/08, 73 FR
                                   Alternate Means                         10383.
                                   of Control Plan
                                   Approval.
Section 115.915.................  Public Notice       04/26/02..........  02/27/08, 73 FR
                                   Format.                                 10383.
Section 115.916.................  Review of Approved  04/26/02..........  02/27/08, 73 FR
                                   Alternate Means                         10383.
                                   of Control Plans
                                   and Termination
                                   of Alternate
                                   Means of Control
                                   Plans.
----------------------------------------------------------------------------------------------------------------
                                          Division 2: Early Reductions
----------------------------------------------------------------------------------------------------------------
Section 115.920.................  Applicability.....  04/26/02..........  02/27/08, 73 FR
                                                                           10383.
Section 115.923.................  Documentation.....  04/26/02..........  02/27/08, 73 FR
                                                                           10383.
----------------------------------------------------------------------------------------------------------------
                              Division 3: Compliance and Control Plan Requirements
----------------------------------------------------------------------------------------------------------------
Section 115.930.................  Compliance Dates..  04/26/02..........  02/27/08, 73 FR
                                                                           10383.
Section 115.932.................  Congtrol Plan       04/26/02..........  02/27/08, 73 FR
                                   Procedure.                              10383.
Section 115.934.................  Control Plan        04/26/02..........  02/27/08, 73 FR
                                   Deviation.                              10383.
Section 115.936.................  Reporting           11/10/93..........  05/22/97, 62 FR
                                   Procedure.                              27964.
Section 115.940.................  Equivalency         04/26/02..........  02/27/08, 73 FR
                                   Determination.                          10383.
Section 115.950.................  Use of Emissions    12/06/00..........  09/06/06, 71 FR
                                   Credits for                             52698.
                                   Compliance.
----------------------------------------------------------------------------------------------------------------
          Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------
                                            Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
Section 116.10..................  General             08/21/02..........  8/28/07, 72 FR      The SIP does not
                                   Definitions.                            41998.              include
                                                                                               paragraphs (1),
                                                                                               (2), (3), (6),
                                                                                               (7)(F), (8),
                                                                                               (10), (11), (12),
                                                                                               and (16).
Section 116.11..................  Compliance History  06/17/98..........  09/18/02, 67 FR
                                   Definitions.                            58709.
Section 116.12..................  Nonattainment       8/20/2003.........  3/20/2009, 74 FR
                                   Review                                  11851..
                                   Definitions.
Section 116.14..................  Standard Permit     06/17/98..........  11/14/03, 68 FR
                                   Definitions.                            64548.
----------------------------------------------------------------------------------------------------------------

[[Page 840]]

 
                                     Subchapter B--New Source Review Permits
                                         Division 1--Permit Application
----------------------------------------------------------------------------------------------------------------
Section 116.110.................  Applicability.....  08/09/00..........  11/14/03, 68 FR     The SIP does not
                                                                           64548.              include sections
                                                                                               116.110(a)(3),
                                                                                               (a)(5), and (c).
Section 116.111.................  General             08/21/02..........  8/28/07, 72 FR      The SIP does not
                                   Application.                            41998.              include
                                                                                               paragraphs
                                                                                               (a)(2)(K) and
                                                                                               (b).
Section 116.112.................  Distance            01/14/04..........  12/07/05, 70 FR     ..................
                                   Limitations.                            72722
Section 116.114.................  Application Review  06/17/98..........  09/18/02, 67 FR
                                   Schedule.                               58709.
Section 116.115.................  General and         11/20/02..........  9/6/06, 71 FR       The SIP does not
                                   Special                                 52664.              include
                                   Conditions.                                                 subsection
                                                                                               116.115(c)(2)(B)(
                                                                                               ii)(I).
Section 116.116.................  Changes to          08/09/00..........  11/14/03, 68 FR     The SIP does not
                                   Facilities.                             64548.              include sections
                                                                                               116.116(b)(3),
                                                                                               (b)(4), (e), and
                                                                                               (f).
----------------------------------------------------------------------------------------------------------------
                                         Division 2--Compliance History
----------------------------------------------------------------------------------------------------------------
Section 116.120.................  Applicability.....  06/17/98..........  09/18/02, 67 FR
                                                                           58709.
Section 116.121.................  Exemptions........  06/17/98..........  09/18/02, 67 FR
                                                                           58709.
Section 116.122.................  Contents of         06/17/98..........  09/18/02, 67 FR
                                   Compliance                              58709.
                                   History.
Section 116.123.................  Effective Dates...  06/17/98..........  09/18/02, 67 FR
                                                                           58709.
Section 116.124.................  Public Notice of    06/17/98..........  09/18/02, 67 FR
                                   Compliance                              58709.
                                   History.
Section 116.125.................  Preservation of     06/17/98..........  09/18/02, 67 FR
                                   Existing Rights                         58709.
                                   and Procedures.
Section 116.126.................  Voidance of Permit  06/17/98..........  09/18/02, 67 FR
                                   Applications.                           58709.
----------------------------------------------------------------------------------------------------------------
                                            Division 3--Public Notice
----------------------------------------------------------------------------------------------------------------
Section 116.130.................  Applicability.....  06/17/98..........  09/18/02, 67 FR     The SIP does not
                                                                           58709.              include Section
                                                                                               116.130(c).
Section 116.131.................  Public              06/17/98..........  09/18/02, 67 FR
                                   Notification                            58709.
                                   Requirements.
Section 116.132.................  Public Notice       06/17/98..........  03/10/06, 71 FR
                                   Format.                                 12285.
Section 116.133.................  Sign Posting        06/17/98..........  03/10/06, 71 FR
                                   Requirements.                           12285.
Section 116.134.................  Notification of     06/17/98..........  09/18/02, 67 FR
                                   Affected Agencies.                      58709.
Section 116.136.................  Public Comment      08/16/93..........  09/18/02, 67 FR
                                   Procedures.                             58709.
Section 116.137.................  Notification of     06/17/98..........  09/18/02, 67 FR
                                   Final Action by                         58709.
                                   the Commission.
----------------------------------------------------------------------------------------------------------------
                                             Division 4--Permit Fees
----------------------------------------------------------------------------------------------------------------
Section 116.140.................  Applicability.....  06/17/98..........  09/18/02, 67 FR
                                                                           58709.
Section 116.141.................  Determination of    9/25/2002.........  3/20/2009, 74 FR
                                   Fees.                                   11851..
Section 116.143.................  Payment of Fees...  8/20/2003.........  3/20/2009, 74 FR
                                                                           11851..
                                        Division 5--Nonattainment Review
----------------------------------------------------------------------------------------------------------------
Section 116.150.................  New Major Source    8/20/2003.........  3/20/2009, 74 FR
                                   or Major                                11851..
                                   Modification in
                                   Ozone
                                   Nonattainment
                                   Area.
----------------------------------------------------------------------------------------------------------------

[[Page 841]]

 
Section 116.151.................  New Major Source    03/18/98..........  07/17/00, 65 FR
                                   or Major                                43986.
                                   Modification in
                                   Nonattainment
                                   Area Other than
                                   Ozone.
----------------------------------------------------------------------------------------------------------------
                           Division 6--Prevention of Significant Deterioration Review
----------------------------------------------------------------------------------------------------------------
Section 116.160.................  Prevention of       10/10/01..........  7/22/04, 69 FR
                                   Significant                             43752.
                                   Deterioration
                                   Review
                                   Requirements.
Section 116.161.................  Source Located in   06/17/98..........  09/18/02, 67 FR
                                   an Attainment                           58709.
                                   Area with Greater
                                   than De Minimis
                                   Impact.
Section 116.162.................  Evaluation of Air   10/10/01..........  7/22/04, 69 FR
                                   Quality Impacts.                        43752.
Section 116.163.................  Prevention of       9/25/2002.........  3/20/2009, 74 FR
                                   Significant                             11851..
                                   Deterioration
                                   Permit Fees.
----------------------------------------------------------------------------------------------------------------
                                    Division 7--Emission Reductions: Offsets
----------------------------------------------------------------------------------------------------------------
Section 116.170.................  Applicability of    8/20/2003.........  3/20/2009, 74 FR
                                   Emission                                11851..
                                   Reductions as
                                   Offsets.
Section 116.172.................  Emissions Offsets   8/20/2003.........  3/20/2009, 74 FR
                                   from Rocket                             11851..
                                   Engine Firing and
                                   Cleaning.
----------------------------------------------------------------------------------------------------------------
Section 116.176.................  Use of Mass Cap     03/07/01..........  9/6/06, 71 FR
                                   Allowances for                          52664..
                                   Offsets.
                                          Subchapter D--Permit Renewals
----------------------------------------------------------------------------------------------------------------
Section 116.310.................  Notification of     08/16/93..........  03/10/06, 71 FR
                                   Permit Holder.                          12285..
Section 116.311.................  Permit Renewal      04/06/94..........  03/10/06, 71 FR
                                   Application.                            12285..
Section 116.312.................  Public              08/16/93..........  03/10/06, 71 FR
                                   Notification and                        12285..
                                   Comment
                                   Procedures.
Section 116.313.................  Renewal             8/20/2003.........  3/20/2009, 74 FR
                                   Application Fees.                       11851..
Section 116.314.................  Review Schedule...  08/16/93..........  03/10/06, 71 FR
                                                                           12285..
----------------------------------------------------------------------------------------------------------------
                                         Subchapter F--Standard Permits
----------------------------------------------------------------------------------------------------------------
Section 116.601.................  Types of Standard   12/16/99..........  11/14/03, 68 FR     The SIP does not
                                   Permits.                                64548.              include section
                                                                                               116.601(a)(1).
Section 116.602.................  Issuance of         12/16/99..........  11/14/03, 68 FR
                                   Standard Permits.                       64548.
Section 116.603.................  Public              9/20/06...........  9/17/08, 73 FR
                                   Participation in                        53716.
                                   Issuance of
                                   Standard Permits.
Section 116.604.................  Duration and        12/16/99..........  11/14/03, 68 FR
                                   Renewal of                              64548.
                                   Registrations to
                                   Use Standard
                                   Permits.
Section 116.605.................  Standard Permit     12/16/99..........  11/14/03, 68 FR
                                   Amendment and                           64548.
                                   Revocation.
Section 116.606.................  Delegation........  12/16/99..........  11/14/03, 68 FR
                                                                           64548.
Section 116.610.................  Applicability.....  03/07/01..........  9/6/06, 71 FR       The SIP does not
                                                                           52664.              include
                                                                                               subsection
                                                                                               116.610(d).
Section 116.611.................  Registration to     11/20/02..........  11/14/03, 68 FR
                                   Use a Standard                          64548.
                                   Permit.
Section 116.614.................  Standard Permit     9/25/2002.........  3/20/2009, 74 FR
                                   Fees.                                   11851..
Section 116.615.................  General Conditions  02/21/07..........  8/28/07, 72 FR
                                                                           41998.
----------------------------------------------------------------------------------------------------------------

[[Page 842]]

 
                          Chapter 117--Control of Air Pollution From Nitrogen Compounds
----------------------------------------------------------------------------------------------------------------
                                            Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
Section 117.10..................  Definitions.......  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
----------------------------------------------------------------------------------------------------------------
      Subchapter B--Combustion Control at Major Industrial, Commercial, and Institutional Sources in Ozone
                                               Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
                     Division 1--Beaumont-Port Arthur Ozone Nonattainment Area Major Sources
----------------------------------------------------------------------------------------------------------------
Section 117.100.................  Applicability.....  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.103.................  Exemptions........  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.105.................  Emission            5/30/2007.........  12/3/2008, 73 FR
                                   Specifications                          73562.
                                   for Reasonably
                                   Available Control
                                   Technology (RACT).
Section 117.110.................  Emission            5/30/2007.........  12/3/2008, 73 FR    117.110(c) not in
                                   Specifications                          73562.              SIP.
                                   for Attainment
                                   Demonstration.
Section 117.115.................  Alternative Plant-  5/30/2007.........  12/3/2008, 73 FR
                                   Wide Emission                           73562.
                                   Specifications.
Section 117.123.................  Source Cap........  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.130.................  Operating           5/30/2007.........  12/3/2008, 73 FR
                                   Requirements.                           73562.
Section 117.135.................  Initial             5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.
Section 117.140.................  Continuous          5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.
Section 117.145.................  Notification,       5/30/2007.........  12/3/2008, 73 FR
                                   Recordkeeping,                          73562.
                                   and Reporting
                                   Requirements.
Section 117.150.................  Initial Control     5/30/2007.........  12/3/2008, 73 FR
                                   Plan Procedures.                        73562.
Section 117.152.................  Final Control Plan  5/30/2007.........  12/3/2008, 73 FR
                                   Procedures for                          73562.
                                   Reasonably
                                   Available Control
                                   Technology.
Section 117.154.................  Final Control Plan  5/30/2007.........  12/3/2008, 73 FR
                                   Procedures for                          73562.
                                   Attainment
                                   Demonstration
                                   Emission
                                   Specifications.
Section 117.156.................  Revision of Final   5/30/2007.........  12/3/2008, 73 FR
                                   Control Plan.                           73562.
----------------------------------------------------------------------------------------------------------------
                      Division 2--Dallas-Fort Worth Ozone Nonattainment Area Major Sources
----------------------------------------------------------------------------------------------------------------
Section 117.200.................  Applicability.....  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.203.................  Exemptions........  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.205.................  Emission            5/30/2007.........  12/3/2008, 73 FR
                                   Specifications                          73562.
                                   for Reasonably
                                   Available Control
                                   Technology (RACT).
Section 117.210.................  Emission            5/30/2007.........  12/3/2008, 73 FR    117.210(c) not in
                                   Specifications                          73562.              SIP.
                                   for Attainment
                                   Demonstration.
Section 117.215.................  Alternative Plant-  5/30/2007.........  12/3/2008, 73 FR
                                   Wide Emission                           73562.
                                   Specifications.
Section 117.230.................  Operating           5/30/2007.........  12/3/2008, 73 FR
                                   Requirements.                           73562.
Section 117.235.................  Initial             5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.

[[Page 843]]

 
Section 117.240.................  Continuous          5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.
Section 117.245.................  Notification,       5/30/2007.........  12/3/2008, 73 FR
                                   Recordkeeping,                          73562.
                                   and Reporting
                                   Requirements.
Section 117.252.................  Final Control Plan  5/30/2007.........  12/3/2008, 73 FR
                                   Procedures for                          73562.
                                   Reasonably
                                   Available Control
                                   Technology.
Section 117.254.................  Final Control Plan  5/30/2007.........  12/3/2008, 73 FR
                                   Procedures for                          73562.
                                   Attainment
                                   Demonstration
                                   Emission
                                   Specifications.
Section 117.256.................  Revision of Final   5/30/2007.........  12/3/2008, 73 FR
                                   Control Plan.                           73562.
----------------------------------------------------------------------------------------------------------------
                  Division 3--Houston-Galveston-Brazoria Ozone Nonattainment Area Major Sources
----------------------------------------------------------------------------------------------------------------
Section 117.300.................  Applicability.....  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.303.................  Exemptions........  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.305.................  Emission            5/30/2007.........  12/3/2008, 73 FR
                                   Specifications                          73562.
                                   for Reasonably
                                   Available Control
                                   Technology (RACT).
Section 117.310.................  Emission            5/30/2007.........  12/3/2008, 73 FR    117.310(c) not in
                                   Specifications                          73562.              SIP.
                                   for Attainment
                                   Demonstration.
Section 117.315.................  Alternative Plant-  5/30/2007.........  12/3/2008, 73 FR
                                   Wide Emission                           73562.
                                   Specifications.
Section 117.320.................  System Cap........  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.323.................  Source Cap........  5/30/2007.........  1/14/2009, 74 FR
                                                                           1927.
Section 117.223.................  Source Cap........  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.330.................  Operating           5/30/2007.........  12/3/2008, 73 FR
                                   Requirements.                           73562.
Section 117.335.................  Initial             5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.
Section 117.340.................  Continuous          5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.
Section 117.345.................  Notification,       5/30/2007.........  12/3/2008, 73 FR
                                   Recordkeeping,                          73562.
                                   and Reporting
                                   Requirements.
Section 117.350.................  Initial Control     5/30/2007.........  12/3/2008, 73 FR
                                   Plan Procedures.                        73562.
Section 117.352.................  Final Control Plan  5/30/2007.........  12/3/2008, 73 FR
                                   Procedures for                          73562.
                                   Reasonably
                                   Available Control
                                   Technology.
Section 117.354.................  Final Control Plan  5/30/2007.........  12/3/2008, 73 FR
                                   Procedures for                          73562.
                                   Attainment
                                   Demonstration
                                   Emission
                                   Specifications.
Section 117.356.................  Revision of Final   5/30/2007.........  12/3/2008, 73 FR
                                   Control Plan.                           73562.
----------------------------------------------------------------------------------------------------------------
                 Division 4--Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Major Sources
----------------------------------------------------------------------------------------------------------------
Section 117.400.................  Applicability.....  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.403.................  Exemptions........  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.410.................  Emission            5/30/2007.........  12/3/2008, 73 FR    117.410(d) not in
                                   Specifications                          73562.              SIP.
                                   for Eight-Hour
                                   Attainment
                                   Demonstration.

[[Page 844]]

 
Section 117.423.................  Source Cap........  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.430.................  Operating           5/30/2007.........  12/3/2008, 73 FR
                                   Requirements.                           73562.
Section 117.435.................  Initial             5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.
Section 117.440.................  Continuous          5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.
Section 117.445.................  Notification,       5/30/2007.........  12/3/2008, 73 FR
                                   Recordkeeping,                          73562.
                                   and Reporting
                                   Requirements.
Section 117.450.................  Initial Control     5/30/2007.........  12/3/2008, 73 FR
                                   Plan Procedures.                        73562.
Section 117.454.................  Final Control Plan  5/30/2007.........  12/3/2008, 73 FR
                                   Procedures for                          73562.
                                   Attainment
                                   Demonstration
                                   Emission
                                   Specifications.
Section 117.456.................  Revision of Final   5/30/2007.........  12/3/2008, 73 FR
                                   Control Plan.                           73562.
----------------------------------------------------------------------------------------------------------------
   Subchapter C--Combustion Control at Major Utility Electric Generation Sources in Ozone Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
          Division 1--Beaumont-Port Arthur Ozone Nonattainment Area Utility Electric Generation Sources
----------------------------------------------------------------------------------------------------------------
Section 117.1000................  Applicability.....  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.1003................  Exemptions........  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.1005................  Emission            5/30/2007.........  12/3/2008, 73 FR
                                   Specifications                          73562.
                                   for Reasonably
                                   Available Control
                                   Technology (RACT).
Section 117.1010................  Emission            5/30/2007.........  12/3/2008, 73 FR    117.1010(b) not in
                                   Specifications                          73562.              SIP.
                                   for Attainment
                                   Demonstration.
Section 117.1015................  Alternative System- 5/30/2007.........  12/3/2008, 73 FR
                                   Wide Emission                           73562.
                                   Specifications.
Section 117.1020................  System Cap........  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.1035................  Initial             5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.
Section 117.1040................  Continuous          5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.
Section 117.1045................  Notification,       5/30/2007.........  12/3/2008, 73 FR
                                   Recordkeeping,                          73562.
                                   and Reporting
                                   Requirements.
Section 117.1052................  Final Control Plan  5/30/2007.........  12/3/2008, 73 FR
                                   Procedures for                          73562.
                                   Reasonably
                                   Available Control
                                   Technology.
Section 117.1054................  Final Control Plan  5/30/2007.........  12/3/2008, 73 FR
                                   Procedures for                          73562.
                                   Attainment
                                   Demonstration
                                   Emission
                                   Specifications.
Section 117.1056................  Revision of Final   5/30/2007.........  12/3/2008, 73 FR
                                   Control Plan.                           73562.
----------------------------------------------------------------------------------------------------------------
           Division 2--Dallas-Fort Worth Ozone Nonattainment Area Utility Electric Generation Sources
----------------------------------------------------------------------------------------------------------------
Section 117.1100................  Applicability.....  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.1103................  Exemptions........  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.1105................  Emission            5/30/2007.........  12/3/2008, 73 FR
                                   Specifications                          73562.
                                   for Reasonably
                                   Available Control
                                   Technology (RACT).

[[Page 845]]

 
Section 117.1110................  Emission            5/30/2007.........  1/14/2009, 74 FR    117.1110(b) not in
                                   Specifications                          1927.               SIP
                                   for Attainment
                                   Demonstration.
Section 117.1115................  Alternative System- 5/30/2007.........  12/3/2008, 73 FR
                                   Wide Emission                           73562.
                                   Specifications.
Section 117.1120................  System Cap........  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.1135................  Initial             5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.
Section 117.1140................  Continuous          5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.
Section 117.1145................  Notification,       5/30/2007.........  12/3/2008, 73 FR
                                   Recordkeeping,                          73562.
                                   and Reporting
                                   Requirements.
Section 117.1152................  Final Control Plan  5/30/2007.........  12/3/2008, 73 FR
                                   Procedures for                          73562.
                                   Reasonably
                                   Available Control
                                   Technology.
Section 117.1154................  Final Control Plan  5/30/2007.........  12/3/2008, 73 FR
                                   Procedures for                          73562.
                                   Attainment
                                   Demonstration
                                   Emission
                                   Specifications.
Section 117.1156................  Revision of Final   5/30/2007.........  12/3/2008, 73 FR
                                   Control Plan.                           73562.
----------------------------------------------------------------------------------------------------------------
       Division 3--Houston-Galveston-Brazoria Ozone Nonattainment Area Utility Electric Generation Sources
----------------------------------------------------------------------------------------------------------------
Section 117.1200................  Applicability.....  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.1203................  Exemptions........  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.1205................  Emission            5/30/2007.........  1/14/2009, 74 FR
                                   Specifications                          1927.
                                   for Reasonably
                                   Available Control
                                   Technology (RACT).
Section 117.1210................  Emission            5/30/2007.........  1/14/2009, 74 FR    117.1210(b) not in
                                   Specifications                          1927.               SIP.
                                   for Attainment
                                   Demonstration.
Section 117.1215................  Alternative System- 5/30/2007.........  12/3/2008, 73 FR
                                   Wide Emission                           73562.
                                   Specifications.
Section 117.1220................  System Cap........  5/30/2007.........  12/3/2008 , 73 FR
                                                                           73562.
Section 117.1235................  Initial             5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.
Section 117.1240................  Continuous          5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.
Section 117.1245................  Notification,       5/30/2007.........  12/3/2008, 73 FR
                                   Recordkeeping,                          73562.
                                   and Reporting
                                   Requirements.
Section 117.1252................  Final Control Plan  5/30/2007.........  12/3/2008, 73 FR
                                   Procedures for                          73562.
                                   Reasonably
                                   Available Control
                                   Technology.
Section 117.1254................  Final Control Plan  5/30/2007.........  12/3/2008, 73 FR
                                   Procedures for                          73562.
                                   Attainment
                                   Demonstration
                                   Emission
                                   Specifications.
Section 117.1256................  Revision of Final   5/30/2007.........  12/3/2008, 73 FR
                                   Control Plan.                           73562.
----------------------------------------------------------------------------------------------------------------
      Division 4--Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Utility Electric Generation Sources
----------------------------------------------------------------------------------------------------------------
Section 117.1300................  Applicability.....  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.1303................  Exemptions........  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.

[[Page 846]]

 
Section 117.1310................  Emission            5/30/2007.........  12/3/2008, 73 FR    117.1310(b) not in
                                   Specifications                          73562.              SIP.
                                   for Eight-Hour
                                   Attainment
                                   Demonstration.
Section 117.1335................  Initial             5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.
Section 117.1340................  Continuous          5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.
Section 117.1345................  Notification,       5/30/2007.........  12/3/2008, 73 FR
                                   Recordkeeping,                          73562.
                                   and Reporting
                                   Requirements.
Section 117.1350................  Initial Control     5/30/2007.........  12/3/2008, 73 FR
                                   Plan Procedures.                        73562.
Section 117.1354................  Final Control Plan  5/30/2007.........  12/3/2008, 73 FR
                                   Procedures for                          73562.
                                   Attainment
                                   Demonstration
                                   Emission
                                   Specifications.
Section 117.1356................  Revision of Final   5/30/2007.........  12/3/2008, 73 FR
                                   Control Plan.                           73562.
----------------------------------------------------------------------------------------------------------------
                 Subchapter D--Combustion Control at Minor Sources in Ozone Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
                  Division 1--Houston-Galveston-Brazoria Ozone Nonattainment Area Minor Sources
----------------------------------------------------------------------------------------------------------------
Section 117.2000................  Applicability.....  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.2003................  Exemptions........  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.2010................  Emission            5/30/2007.........  12/3/2008, 73 FR    117.2010(i) not in
                                   Specification.                          73562.              SIP.
Section 117.2030................  Operating           5/30/2007.........  12/3/2008, 73 FR
                                   Requirements.                           73562.
Section 117.2035................  Monitoring and      5/30/2007.........  12/3/2008, 73 FR
                                   Testing                                 73562.
                                   Requirements.
Section 117.2045................  Recordkeeping and   5/30/2007.........  12/3/2008, 73 FR
                                   Reporting                               73562.
                                   Requirements.
----------------------------------------------------------------------------------------------------------------
                 Division 2--Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Minor Sources
----------------------------------------------------------------------------------------------------------------
Section 117.2100................  Applicability.....  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.2103................  Exemptions........  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.2110................  Emission            5/30/2007.........  12/3/2008, 73 FR    117.2110(h) not in
                                   Specifications                          73562.              SIP.
                                   for Eight-Hour
                                   Attainment
                                   Demonstrations.
Section 117.2130................  Operating           5/30/2007.........  12/3/2008, 73 FR
                                   Requirements.                           73562.
Section 117.2135................  Monitoring,         5/30/2007.........  1/14/2009, 74 FR
                                   Notification, and                       1927.
                                   Testing
                                   Requirements.
Section 117.2145................  Recordkeeping and   5/30/2007.........  12/3/2008, 73 FR
                                   Reporting                               73562.
                                   Requirements.
----------------------------------------------------------------------------------------------------------------
                                  Subchapter E--Multi-Region Combustion Control
----------------------------------------------------------------------------------------------------------------
                        Division 1--Utility Electric Generation in East and Central Texas
----------------------------------------------------------------------------------------------------------------
Section 117.3000................  Applicability.....  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.3003................  Exemptions........  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.3005................  Gas-Fired Steam     5/30/2007.........  12/3/2008, 73 FR
                                   Generation.                             73562.
Section 117.3010................  Emission            5/30/2007.........  12/3/2008, 73 FR    117.3010(2) not in
                                   Specifications.                         73562.              SIP.
Section 117.3020................  System Cap........  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.3035................  Initial             5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.
Section 117.3040................  Continuous          5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.

[[Page 847]]

 
Section 117.3045................  Notification,       5/30/2007.........  12/3/2008, 73 FR
                                   Recordkeeping,                          73562.
                                   and Reporting
                                   Requirements.
Section 117.3054................  Final Control Plan  5/30/2007.........  12/3/2008, 73 FR
                                   Procedures.                             73562.
Section 117.3056................  Revision of Final   5/30/2007.........  12/3/2008, 73 FR
                                   Control Plan.                           73562.
----------------------------------------------------------------------------------------------------------------
                                            Division 2--Cement Kilns
----------------------------------------------------------------------------------------------------------------
Section 117.3100................  Applicability.....  5/30/2007.........  01/14/2009, 74 FR
                                                                           1927.
Section 117.3101................  Cement Kilns        5/30/2007.........  1/14/2009, 74 FR
                                   Definitions.                            1927.
Section 117.3103................  Exemptions........  5/30/2007.........  1/14/2009 , 74 FR
                                                                           1927.
Section 117.3110................  Emission            5/30/2007.........  1/14/2009, 74 FR
                                   Specifications.                         1927.
Section 117.3120................  Source Cap........  5/30/2007.........  1/14/2009, 74 FR
                                                                           1927.
Section 117.3123................  Dallas-Fort Worth   5/30/2007.........  1/14/2009, 74 FR    117.3123(f) not in
                                   Eight-Hour Ozone                        1927.               SIP.
                                   Attainment
                                   Demonstration
                                   Control
                                   Requirements.
Section 117.3140................  Continuous          5/30/2007.........  1/14/2009, 74 FR
                                   Demonstration of                        1927.
                                   Compliance.
Section 117.3142................  Emission Testing    5/30/2007.........  1/14/2009, 74 FR
                                   and Monitoring                          1927.
                                   for Eight-Hour
                                   Attainment
                                   Demonstration.
Section 117.3145................  Notification,       5/30/2007.........  1/14/2009, 74 FR
                                   Recordkeeping,                          1927.
                                   and Reporting
                                   Requirements.
                          Division 3--Water Heaters, Small Boilers, and Process Heaters
----------------------------------------------------------------------------------------------------------------
Section 117.3200................  Applicability.....  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.3201................  Definitions.......  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.3203................  Exemptions........  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.3205................  Emission            5/30/2007.........  12/3/2008, 73 FR
                                   Specifications.                         73562.
Section 117.3210................  Certification       5/30/2007.........  12/3/2008, 73 FR
                                   requirements.                           73562.
Section 117.3215................  Notification and    5/30/2007.........  12/3/2008, 73 FR
                                   Labeling                                73562.
                                   Requirements.
----------------------------------------------------------------------------------------------------------------
                                        Division 4--East Texas Combustion
----------------------------------------------------------------------------------------------------------------
Section 117.3300................  Applicability.....  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.3303................  Exemptions........  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.3310................  Emission            5/30/2007.........  12/3/2008, 73 FR    117.3310(e) not in
                                   Specifications                          73562.              SIP.
                                   for Eight-Hour
                                   Attainment
                                   Demonstration.
Section 117.3330................  Operating           5/30/2007.........  12/3/2008, 73 FR
                                   Requirements.                           73562.
Section 117.3335................  Monitoring,         5/30/2007.........  12/3/2008, 73 FR
                                   Notification, and                       73562.
                                   Testing
                                   Requirements.
Section 117.3345................  Recordkeeping and   5/30/2007.........  12/3/2008, 73 FR
                                   Reporting                               73562.
                                   Requirements.
----------------------------------------------------------------------------------------------------------------
                                        Subchapter F--Acid Manufacturing
----------------------------------------------------------------------------------------------------------------
                                      Division 1--Adipic Acid Manufacturing
----------------------------------------------------------------------------------------------------------------
Section 117.4000................  Applicability.....  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.4005................  Emission            5/30/2007.........  12/3/2008, 73 FR
                                   Specifications.                         73562.

[[Page 848]]

 
Section 117.4025................  Alternative Case    5/30/2007.........  12/3/2008, 73 FR
                                   Specific                                73562.
                                   Specifications.
Section 117.4035................  Initial             5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.
Section 117.4040................  Continuous          5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.
Section 117.4045................  Notification,       5/30/2007.........  12/3/2008, 73 FR
                                   Recordkeeping,                          73562.
                                   and Reporting
                                   Requirements.
Section 117.4050................  Control Plan        5/30/2007.........  12/3/2008, 73 FR
                                   Procedures.                             73562.
----------------------------------------------------------------------------------------------------------------
                        Division 2--Nitric Acid Manufacturing--Ozone Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Section 117.4100................  Applicability.....  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.4105................  Emission            5/30/2007.........  12/3/2008, 73 FR
                                   Specifications.                         73562.
Section 117.4125................  Alternative Case    5/30/2007.........  12/3/2008, 73 FR
                                   Specific                                73562.
                                   Specifications.
Section 117.4135................  Initial             5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.
Section 117.4140................  Continuous          5/30/2007.........  12/3/2008, 73 FR
                                   Demonstration of                        73562.
                                   Compliance.
Section 117.4145................  Notification,       5/30/2007.........  12/3/2008, 73 FR
                                   Recordkeeping,                          73562.
                                   and Reporting
                                   Requirements.
Section 117.4150................  Control Plan        5/30/2007.........  12/3/2008, 73 FR
                                   Procedures.                             73562.
----------------------------------------------------------------------------------------------------------------
  Division 2--Nitric Acid Manufacturing--Ozone Nonattainment Areas'' under Subchapter F to read ``Division 3--
                                       Nitric Acid Manufacturing--General
----------------------------------------------------------------------------------------------------------------
Section 117.4200................  Applicability.....  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.4205................  Emission            5/30/2007.........  12/3/2008, 73 FR
                                   Specifications.                         73562.
Section 117.4210................  Applicability of    5/30/2007.........  12/3/2008, 73 FR
                                   Federal New                             73562.
                                   Source
                                   Performance
                                   Standards.
----------------------------------------------------------------------------------------------------------------
                            Subchapter G--General Monitoring and Testing Requirements
----------------------------------------------------------------------------------------------------------------
                          Division 1--Compliance Stack Testing and Report Requirements
----------------------------------------------------------------------------------------------------------------
Section 117.8000................  Stack Testing       5/30/2007.........  12/3/2008, 73 FR
                                   Requirements.                           73562.
Section 117.8010................  Compliance Stack    5/30/2007.........  12/3/2008, 73 FR
                                   Test Reports.                           73562.
----------------------------------------------------------------------------------------------------------------
                                         Division 2--Emission Monitoring
----------------------------------------------------------------------------------------------------------------
Section 117.8100................  Emission            5/30/2007.........  12/3/2008, 73 FR
                                   Monitoring System                       73562.
                                   Requirements for
                                   Industrial,
                                   Commercial, and
                                   Institutional
                                   Sources.
Section 117.8110................  Emission            5/30/2007.........  12/3/2008, 73 FR
                                   Monitoring System                       73562.
                                   Requirements for
                                   Utility Electric
                                   Generation
                                   Sources.
Section 117.8120................  Carbon Monoxide     5/30/2007.........  12/3/2008, 73 FR
                                   (CO) Monitoring.                        73562.
Section 117.8130................  Ammonia Monitoring  5/30/2007.........  12/3/2008, 73 FR
                                                                           73562.
Section 117.8140................  Emission            5/30/2007.........  12/3/2008, 73 FR
                                   Monitoring for                          73562.
                                   Engines.
----------------------------------------------------------------------------------------------------------------

[[Page 849]]

 
                                     Subchapter H--Administrative Provisions
----------------------------------------------------------------------------------------------------------------
                                        Division 1--Compliance Schedules
----------------------------------------------------------------------------------------------------------------
Section 117.9000................  Compliance          5/30/2007.........  12/3/2008, 73 FR
                                   Schedule for                            73562.
                                   Beaumont-Port
                                   Arthur Ozone
                                   Nonattainment
                                   Area Major
                                   Sources.
Section 117.9010................  Compliance          5/30/2007.........  12/3/2008, 73 FR
                                   Schedule for                            73562.
                                   Dallas-Fort Worth
                                   Ozone
                                   Nonattainment
                                   Area Major
                                   Sources.
Section 117.9020................  Compliance          5/30/2007.........  12/3/2008, 73 FR
                                   Schedule for                            73562.
                                   Houston-Galveston-
                                   Brazoria Ozone
                                   Nonattainment
                                   Area Major
                                   Sources.
Section 117.9030................  Compliance          5/30/2007.........  12/3/2008, 73 FR
                                   Schedule for                            73562.
                                   Dallas-Fort Worth
                                   Eight-Hour Ozone
                                   Nonattainment
                                   Area Major
                                   Sources.
Section 117.9100................  Compliance          5/30/2007.........  12/3/2008, 73 FR
                                   Schedule for                            73562.
                                   Beaumont-Port
                                   Arthur Ozone
                                   Nonattainment
                                   Area Utility
                                   Electric
                                   Generation
                                   Sources.
Section 117.9110................  Compliance          5/30/2007.........  12/3/2008, 73 FR
                                   Schedule for                            73562.
                                   Dallas-Fort Worth
                                   Ozone
                                   Nonattainment
                                   Area Utility
                                   Electric
                                   Generation
                                   Sources.
Section 117.9120................  Compliance          5/30/2007.........  12/3/2008, 73 FR
                                   Schedule for                            73562.
                                   Houston-Galveston-
                                   Brazoria Ozone
                                   Nonattainment
                                   Area Utility
                                   Electric
                                   Generation
                                   Sources.
Section 117.9130................  Compliance          5/30/2007.........  12/3/2008, 73 FR
                                   Schedule for                            73562.
                                   Dallas-Fort Worth
                                   Eight-Hour Ozone
                                   Nonattainment
                                   Area Utility
                                   Electric
                                   Generation
                                   Sources.
Section 117.9200................  Compliance          5/30/2007.........  12/3/2008, 73 FR
                                   Schedule for                            73562.
                                   Houston-Galveston-
                                   Brazoria Ozone
                                   Nonattainment
                                   Area Minor
                                   Sources.
Section 117.9210................  Compliance          5/30/2007.........  12/3/2008, 73 FR
                                   Schedule for                            73562.
                                   Dallas-Fort Worth
                                   Eight-Hour Ozone
                                   Nonattainment
                                   Area Minor
                                   Sources.
Section 117.9300................  Compliance          5/30/2007.........  12/3/2008, 73 FR
                                   Schedule for                            73562.
                                   Utility Electric
                                   Generation in
                                   East and Central
                                   Texas.
Section 117.9320................  Compliance          5/30/2007.........  1/14/2009, 74 FR
                                   Schedule for                            1927.
                                   Cement Kilns.
Section 117.9340................  Compliance          5/30/2007.........  12/3/2008, 73 FR
                                   Schedule for East                       73562.
                                   Texas Combustion.

[[Page 850]]

 
Section 117.9500................  Compliance          5/30/2007.........  12/3/2008, 73 FR
                                   Schedule for                            73562.
                                   Nitric Acid and
                                   Adipic Acid
                                   Manufacturing
                                   Sources.
----------------------------------------------------------------------------------------------------------------
                                       Division 2--Compliance Flexibility
----------------------------------------------------------------------------------------------------------------
Section 117.9800................  Use of Emission     5/30/2007.........  12/3/2008, 73 FR
                                   Credits for                             73562.
                                   Compliance.
----------------------------------------------------------------------------------------------------------------
                             Chapter 118 (Reg 8)--Control Of Air Pollution Episodes
----------------------------------------------------------------------------------------------------------------
Section 118.1...................  Generalized Air     03/05/00..........  07/26/00
                                   Pollution
                                   Episodes.
Section 118.2...................  Provisions          03/05/00..........  07/26/00
                                   Governing
                                   Generalized
                                   Episode Control.
Section 118.3...................  Localized Air       03/05/00..........  07/26/00
                                   Pollution
                                   Episodes.
Section 118.4...................  Hearings..........  03/05/00..........  07/26/00
Section 118.5...................  Emission Reduction  03/05/00..........  07/26/00
                                   Plan.
Section 118.6...................  Texas Air           03/05/00..........  07/26/00..........
                                   Pollution Episode
                                   Contingency Plan
                                   and Emergency
                                   Management Center.
----------------------------------------------------------------------------------------------------------------
                                 Chapter 122--Federal Operating Permits Program
----------------------------------------------------------------------------------------------------------------
                                        Subchapter B--Permit Requirements
----------------------------------------------------------------------------------------------------------------
                                            Division 2--Applicability
----------------------------------------------------------------------------------------------------------------
Section 122.122.................  Potential to Emit.  11/20/02..........  11/14/03, 68 FR
                                                                           64548.
----------------------------------------------------------------------------------------------------------------

    (d) EPA-Approved State Source-Specific Requirements.

                                 EPA-Approved Texas Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                    Permit or Order     State Effective
         Name of Source                 Number               Date          EPA Approval Date       Comments
----------------------------------------------------------------------------------------------------------------
Alcoa Inc., Rockdale, Milam       Agreed Order No.    04/19/2000........  10/26/00, 65 FR     H/GA, D/FW, and B/
 County, Texas.                    2000-0032-SIP.                          64155.              PA, Texas 1-hour
                                                                                               ozone standard
                                                                                               attainment
                                                                                               demonstrations.
Eastman Chemical Company, Texas   Agreed Order No.    04/19/2000........  10/26/00, 65 FR     H/GA, D/FW, and B/
 Operations, Longview, Harrison    2000-0033-SIP.                          64156.              PA, Texas 1-hour
 County, Texas.                                                                                ozone standard
                                                                                               attainment
                                                                                               demonstrations.
Gould National Battery,           Order Nos. 92-      9/3/92, 6/2/93, 7/  11/29/94, 11/29/    92-09(k) and 93-12
 Incorporated.                     09(k), 93-12, 99-   8/99,               94, October 13,     were incorporated
                                   0351-SIP.           respectively.       1999,               by reference in
                                                                           respectively.       our approval of
                                                                                               the lead SIP on
                                                                                               11/29/94, (59 FR
                                                                                               60905).
Continental Airlines at George    Agreed Order No.    10/18/00..........  11/14/2001, 66 FR   HGA, Texas 1-hour
 Bush Intercontinental Airport,    2000-0826-SIP.                          57222.              ozone standard
 Houston, Texas.                                                                               attainment
                                                                                               demonstrations.
Southwest Airlines at William     Agreed Order No.    12/06/00..........  11/14/2001, 66 FR   HGA, Texas 1-hour
 Hobby Airport, Houston, Texas.    2000-0827-SIP.                          57222.              ozone standard
                                                                                               attainment
                                                                                               demonstrations.
American Airlines, American       Agreed Order No.    5/23/2001.........  4/22/2002, 67 FR    DFW, Texas 1-hour
 Eagle Airlines at D/FW            2000-1149-SIP.                          19516.              ozone standard
 International airport, Texas.                                                                 attainment
                                                                                               demonstrations.

[[Page 851]]

 
Delta Airlines at D/FW            Agreed Order No.    5/23/2001.........  4/22/2002, 67 FR    DFW, Texas 1-hour
 International Airport, Texas.     2001-0221-AIR.                          19516.              ozone standard
                                                                                               attainment
                                                                                               demonstrations.
Southwest Airlines at Love        Agreed Order No.    5/23/2001.........  4/22/2002, 67 FR    DFW, Texas 1-hour
 Field, Texas.                     2001-0222-AIR.                          19516.              ozone standard
                                                                                               attainment
                                                                                               demonstrations.
ExxonMobil Oil Corporation,       Agreed Order No.    12/15/2004........  4/12/2005, 70 FR
 Jefferson County, Texas.          2004-0846-SIP.                          18995.
Huntsman Petrochemical            Agreed Order No.    12/15/2004........  4/12/2005, 70 FR
 Corporation, Port Neches Plant,   2004-0882-SIP.                          18995.
 Jefferson County, Texas.
Huntsman Petrochemical            Agreed Order No.    12/15/2004........  4/12/2005, 70 FR
 Corporation, Port Arthur Plant,   2004-0845-SIP.                          18995.
 Jefferson County, Texas.
ISP Elastomers, Jefferson         Agreed Order No.    12/15/2004........  4/12/2005, 70 FR
 County, Texas.                    2004-0842-SIP.                          18995.
Mobil Chemical Company, Division  Agreed Order No.    12/15/2004........  4/12/2005, 70 FR
 of ExxonMobil Oil Corporation,    2004-0841-SIP.                          18995.
 Jefferson County, Texas.
Motiva Enterprises LLC,           Agreed Order No.    12/15/2004........  4/12/2005, 70 FR
 Jefferson County, Texas.          2004-0843-SIP.                          18995.
Premcor Refining Group, Inc.,     Agreed Order No.    12/15/2004........  4/12/2005, 70 FR
 Jefferson County, Texas.          2004-0844-SIP.                          18995.
Mobil Chemical Company, Division  Agreed Order No.    12/15/2004........  4/12/2005, 70 FR
 of ExxonMobil Oil Corporation,    2004-1654-SIP.                          18995.
 Jefferson County, Texas.
American Electric Power Knox Lee  2001-0878-RUL.....  03/13/2002........  8/19/2005, 70 FR
 Plant (Gregg Co.), Pirkey Plant                                           48642.
 (Harrison Co.), Wilkes Plant
 (Cass Co.).
Texas Utilities Martin Lake       2001-0879-RUL.....  03/13/2002........  8/19/2005, 70 FR
 plant (Rusk Co.), Monticello                                              48642.
 plant (Titus Co.).
Eastman Chemical Company          2001-0880-RUL.....  03/13/2002........  8/19/2005, 70 FR
 Longview plant (Harrison Co.).                                            48642.
Alcoa Inc, Rockdale, Milam        Permit Number       4/27/05...........  8/15/2008, 73 FR
 County, Texas.                    48437.                                  47835.
----------------------------------------------------------------------------------------------------------------

    (e) EPA approved nonregulatory provisions and quasi-regulatory 
measures.

                                     EPA Approved Statutes in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                           State approval/
            Title/Subject                   submittal date         EPA approval date             Comments
----------------------------------------------------------------------------------------------------------------
Texas Clean Air Act (Article 4477-5),  01/28/72...............  05/31/72, 37 FR 10895..  As amended by S.B. 48
 Vernon's Texas Civil Statutes.                                                           of 1969.
Article 698d Air Pollution, Penal      01/28/72...............  05/31/72, 37 FR 10895..  As amended by S.B. No.
 Code of Texas, 1925.                                                                     5 of 1969.

[[Page 852]]

 
House Bill 322.......................  01/28/72...............  05/31/72, 37 FR 10895..  As passed by the 62nd
                                                                                          Legislature of Texas,
                                                                                          amending the Texas
                                                                                          Clean Act regarding
                                                                                          permits for
                                                                                          construction or
                                                                                          modification of
                                                                                          facilities.
Texas Clean Air (Tex. Rev. Civ. Stat.  07/23/81...............  12/15/81, 46 FR 61125..  Ref 52.2299(c)(29).
 Ann. Art. 4477-5) as amended June
 13, 1979.
Air Pollution (Tex. Rev. Civ. Stat.    07/23/81...............  12/15/81, 46 FR 61125..  Ref 52.2299(c)(29).
 Ann. Art. 4477-5b) as amended
 January 1, 1974.
Texas Administrative Procedure and     07/23/81...............  12/15/81, 46 FR 61125..  Ref 52.2299(c)(29).
 Texas Register Act.
(Tex. Rev. Civ. Stat. Ann. Art. 6252-  07/23/81...............  12/15/81, 46 FR 61125..  Ref 52.2299(c)(29).
 13a) effective January 1, 1976.
Texas Open Record Act (Tex. Rev. Civ.  07/23/81...............  12/15/81, 46 FR 61125..  Ref 52.2299(c)(29).
 Stat. Ann. Art. 6252-17a) as amended
 May 27, 1975.
Standards of Conduct of State          07/23/81...............  12/15/81, 46 FR 61125..  Ref 52.2299(c)(29).
 Officers and Employees (Tex. Rev.
 Civ. Stat. Ann. Art. 6252-9b)
 effective January 1, 1974.
Department of Public Safety and Texas  11/9/84................  06/26/85, 50 FR 26362..  Ref 52.2299(c)(61).
 Air Control Board Rules and
 Regulations, Texas Vehicle
 Inspection Act Article XV.
----------------------------------------------------------------------------------------------------------------
    Documentation to Authorize and Support the Implementation and Enforcement of the Texas Vehicle parameter
               Inspection and Maintenance Program, Appendix X, containing the following documents:
----------------------------------------------------------------------------------------------------------------
A. Senate Bill 1205..................  11/9/84................  06/26/85, 50 FR 26362..  Ref 52.2299(c)(61).
B. Letters of Commitment from Texas    11/9/84................  06/26/85, 50 FR 26362..  Ref 52.2299(c)(61).
 Department of Public Safety City of
 Houston Police Department and Harris
 County Sheriff.
C. Parameter Vehicle Emission          11/9/84................  06/26/85, 50 FR 26362..  Ref 52.2299(c)(61).
 Inspection and Maintenance Rules and
 Regulations for Official Vehicle
 Inspection Stations and Certified
 Inspectors, July 1, 1984.
Texas Motor Vehicle Laws, 1981-1982--  11/9/84................  06/26/85, 50 FR 26362..  Ref 52.2299(c)(61).
 Rules and Regulations for Official
 Vehicle Inspection Stations and
 Certified Inspectors, November 11,
 1983, Sections A,B,C, pages C-1, C-
 16, C-17, C-18, C-26, C-27, and C-
 28, D, and E pages E-1, E-6, E-7, E-
 8, and E-9.
VIMTCM, Appendix AJ, Excerpted Senate  09/30/85 and 12/21/87..  02/09/89, 54 FR 06287..  Ref 52.2299(c)(66).
 Bill 725, section 35(d) and (g)
 effective September 1, 1985; and
 House Bill 1593 sections 21 and 22
 effective June 18, 1987.

[[Page 853]]

 
Texas Clean Air Act (TCAA), Texas      11/13/92...............  08/19/94, 59 FR 42759..  Ref 52.2299(c)(85).
 Health and Safety Code Ann. (Vernon
 1992), Section 382.0365, ``Small
 Business Stationary Source
 Assistance Program'', enacted by the
 Texas 1991 legislative session and
 effective September 1, 1991.
Legal opinion letter dated October     11/13/92...............  08/19/94, 59 FR 42759..  Ref 52.2299(c)(85).
 15, 1992 from Kirk P. Watson,
 Chairman, TACB, to Mr. B.J. Wynne,
 III, Regional Administrator, EPA
 Region 6, regarding the composition
 of the Small Business Compliance
 Advisory Panel of Texas.
----------------------------------------------------------------------------------------------------------------
 House Bill 1969, an act relating to motor vehicle registration, inspections, and providing penalties amending:
----------------------------------------------------------------------------------------------------------------
(1) Sections 382.037 and 382.038 of    11/12/93 and 03/09/94..  08/22/94, 59 FR 43046..  Ref 52.2299(c)(87).
 the Texas Health and Safety Code;
(2) Section 2 Chapter 88, General      11/12/93 and 03/09/94..  08/22/94, 59 FR 43046..  Ref 52.2299(c)(87).
 Laws, Acts of the 41st legislature,
 2nd called session, 1929 (Article
 6675a-2, Vernon's Texas Civil
 Statutes);
(3) Title 116, Article 6675b-4, 6675b- 11/12/93 and 03/09/94..  08/22/94, 59 FR 43046..  Ref 52.2299(c)(87).
 4A, and 6675b-4B;
(4) Section 141(d), and section        11/12/93 and 03/09/94..  08/22/94, 59 FR 43046..  Ref 52.2299(c)(87).
 142(h), Uniform Act Regulating
 Traffic on Highways (Article 6701d,
 Vernon's Civil Statutes);
(5) Section 4.202, County Road and     11/12/93 and 03/09/94..  08/22/94, 59 FR 43046..  Ref 52.2299(c)(87).
 Bridge Act (Article 6702-1, Vernon's
 Texas Civil Statutes). Signed by the
 Governor on 01/08/93, effective 08/
 30/93.
Texas Health and Safety Code (Vernon   11/12/93 and 03/09/94..  08/22/94, 59 FR 43046..  Ref 52.2299(c)(87).
 1990), the Texas Clean Air Act,
 sections 382.017, 382.037, 382.038,
 effective September 1, 1991.
Order No. 93-23, as adopted November   11/12/93 and 03/09/94..  08/22/94, 59 FR 43046..  Ref 52.2299(c)(87).
 10, 1993, and Order No. 94-02 as
 adopted February 16, 1994.
Texas Civil Statutes, Articles 6675a-  11/12/93 and 03/09/94..  08/22/94, 59 FR 43046..  Ref 52.2299(c)(87).
 1 to 6675b-2 and 6687-1. (Vernon
 1993).
----------------------------------------------------------------------------------------------------------------


              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                      Applicable
      Name of SIP provision          geographic or     State submittal/    EPA approval date       Comments
                                  nonattainment area    effective date
----------------------------------------------------------------------------------------------------------------
Public Hearings.................  Statewide.........  02/08/72..........  05/31/72, 37 FR     Ref 52.2299(c)(1).
                                                                           10895.
HydroCarbon Emission Data.......  Statewide.........  05/02/72..........  05/31/72, 37 FR     Ref 52.2299(c)(2).
                                                                           10895.
Source Surveillance.............  Statewide.........  05/03/72..........  05/31/72, 37 FR     Ref 52.2299(c)(2).
                                                                           10895.
Minor Revisions.................  Statewide.........  07/31/72..........  10/28/72, 37 FR     Ref 52.2299(c)(4).
                                                                           23092.
Attainment Date Corrections.....  Statewide.........  11/10/72..........  02/08/73, 38 FR     Ref 52.2299(c)(6).
                                                                           03600.
Classification Revisions for PM,  Statewide.........  03/21/75..........  04/18/77, 42 FR     Ref 52.2299(c)(9).
 SOx, and CO.                                                              20131.

[[Page 854]]

 
Administrative Revisions........  Statewide.........  ..................  04/20/77, 42 FR     Ref
                                                                           20463.              52.2299(c)(11).
Air Quality Surveillance Plan...  Statewide.........  08/02/76..........  04/18/77, 42 FR     Ref
                                                                           20131.              52.2299(c)(12).
Air Quality Surveillance Plan...  Statewide.........  08/12/77..........  03/07/78, 43 FR     Ref
                                                                           09276.              52.2299(c)(13).
Administrative Revisions to       Statewide.........  ..................  07/06/77, 42 FR     Ref
 Section X.                                                                34518.              52.2299(c)(14).
Administrative Revisions to       Statewide.........  08/14/78..........  04/11/79, 44 FR     Ref
 Section IX.                                                               21644.              52.2299(c)(16).
Board Order No. 78-6............  Corpus Christi, TX  07/24/78..........  09/24/79, 44 FR     Ref 52.2299(c)(17)
                                                                           55005.              (see 52.2275)
Draft inspection/mainte- nance    Harris County.....  04/13/79..........  12/18/79, 44 FR     Ref
 legislation and study schedule.                                           74831.              52.2299(c)(18).
Adopted inspection/maintenance    Harris County.....  08/09/79..........  12/19/79, 44 FR     Ref
 legislation and administrative                                            74831.              52.2299(c)(19).
 revisions.
Plan Revisions (Part D            Statewide.........  04/13/79..........  03/25/80, 45 FR     Ref
 requirements).                                                            19244.              52.2299(c)(20).
Administrative Revisions to       Statewide.........  08/09/79..........  03/25/80, 45 FR     Ref
 Transportation Control.                                                   19244.              52.2299(c)(21).
Transportation Control Measures   Harris County.....  12/28/79..........  08/06/80, 45 FR     Ref
 for Harris County.                                                        52148.              52.2299(c)(24).
Board Order No. 78-8............  General Portland,   09/13/78..........  08/28/81, 46 FR     Ref
                                   Inc., New                               43425.              52.2299(c)(26).
                                   Braunfels, Comal                                            (See 52.2276).
                                   County, TX.
Administrative Revision to        Statewide.........  07/23/81..........  11/13/81, 46 FR     Ref
 Section I.                                                                55970.              52.2299(c)(28).
Administrative Revision to        Statewide.........  07/23/81..........  12/15/81, 46 FR     Ref
 Section V.                                                                61125.              52.2299(c)(29).
Plan Revisions for                Statewide.........  04/13/79..........  03/29/82, 47 FR     Ref
 Intergovernmental Consultation                                            13143.              52.2299(c)(32).
 and Composition.
Texas Lead SIP and Board Order    Statewide           06/12/80..........  10/04/83, 48 FR     Ref
 No. 82-11.                        excluding Dallas                        45248.              52.2299(c)(41).
                                   and El Paso areas.
Texas Air Pollution Emergency     Statewide.........  05/18/82..........  10/07/82, 47 FR     Ref
 Episode Contingency Plan.                                                 44261.              52.2299(c)(42).
Administrative Revision to        Statewide.........  07/06/82..........  10/25/82, 47 FR     Ref
 Section XII.                                                              47247.              52.2299(c)(47).
Administrative Revision to        N/A...............  08/17/82..........  03/31/83, 48 FR     Ref
 Section III.                                                              13428.              52.2299(c)(51).
Administrative Revision to        Statewide.........  06/22/83..........  11/07/83, 48 FR     Ref
 Section IX.                                                               51153.              52.2299(c)(52).
Lead Plan for Dallas County, TX.  Dallas County, TX.  04/6/84...........  08/15/84, 49 FR     Ref
                                                                           32580.              52.2299(c)(54).
Revisions to Lead Plan for        Dallas County, TX.  07/16/84..........  08/15/84, 49 FR     Ref
 Dallas County, TX.                                                        32580.              52.2299(c)(55).
Lead Plan for El Paso County....  El Paso County, TX  06/20/84..........  08/13/84, 49 FR     Ref
                                                                           32190.              52.2299(c)(56).
Alternative Emission Control      Baytown, TX.......  03/18/83..........  07/10/85, 50 FR     Ref 52.2299(c)(60)
 Plan for Exxon Baytown Refinery.                                          26992.              (Board Order No.
                                                                                               83-2).
Plan for Ozone Attainment in      Harris County, TX.  12/09/82, 01/03/    06/26/85, 50 FR     Ref
 Harris County.                                        84, 03/18/85.       26362.              52.2299(c)(61).
Alternative Emission Reduction    Gregg County,       07/25/85..........  05/05/89, 54 FR     Ref
 Plan for Continental Can          (Longview), TX.                         19373.              52.2299(c)(64).
 Company, Longview, TX.

[[Page 855]]

 
Revision to Lead Plan for El      El Paso County, TX  10/26/87..........  05/06/88, 53 FR     Ref
 Paso County and Board Order No.                                           16263.              52.2299(c)(65).
 87-14.
Ozone Attainment Plan for Dallas  Dallas and Tarrant  09/30/85 and 12/21/ 02/09/89, 54 FR     Ref
 and Tarrant Counties.             Counties, TX.       87.                 06287.              52.2299(c)(66).
Vehicle Inspection and            Dallas and Tarrant  08/28/85..........  02/09/89, 54 FR     Ref
 Maintenance and Transportation    Counties, TX.                           06287.              52.2299(c)(66).
 Control Measures (VIMTCM),
 Appendix AG.
VIMTCM, Appendix AK, Portions 1   Dallas and Tarrant  12/18/87..........  02/09/89, 54 FR     Ref
 through 6.                        Counties, TX.                           06287.              52.2299(c)(66).
VIMTCM, Appendix AM, Sections 1,  Dallas and Tarrant  12/18/87..........  02/09/89, 54 FR     Ref
 2, and 3.                         Counties, TX.                           06287.              52.2299(c)(66).
VIMTCM, Appendix AN.............  Dallas and Tarrant  12/18/87..........  02/09/89, 54 FR     Ref
                                   Counties, TX.                           06287.              52.2299(c)(66).
Part II of the Visibility         Big Bend and        09/18/87..........  02/23/89, 54 FR     Ref
 Protection Plan and Board Order   Guadalupe                               07770.              52.2299(c)(67).
 No. 87-15.                        Mountain National
                                   Parks.
Alternative Emission Reduction    Orange County, TX.  03/12/82..........  04/13/90..........  Ref
 Plan (Bubble) for E.I. DuPont                                                                 52.2299(c)(70).
 de Nemours & Company's Sabine
 River Works, Orange, TX.
Revisions to Texas Air Pollution  Statewide.........  10/02/87..........  09/06/90, 55 FR     Ref
 Episode Contingency Plan.                                                 36634.              52.2299(c)(71).
Revisions to Ozone Attainment     Dallas and Tarrant  03/05/90..........  08/03/90, 55 FR     Ref
 Plan for Dallas and Tarrant       Counties, TX.                           31587.              52.2299(c)(72).
 Counties.
Revisions for Prevention of       Statewide.........  12/11/85, 10/26/    06/24/92, 57 FR     Ref
 Significant Deterioration and                         87, 09/29/88.       28098.              52.2299(c)(73).
 Board Orders No. 85-07, 87-09,
 and 88-08.
Board Order No. 90-07...........  Tarrant County....  06/22/90..........  10/12/90, 55 FR     Ref
                                                                           41525.              52.2299(c)(74).
Board Order No. 92-19...........  Statewide.........  09/18/92..........  08/30/93, 58 FR     Ref
                                                                           45457.              52.2299(c)(76).
Revision for Prevention of        Statewide.........  12/14/90..........  09/09/94, 59 FR     Ref
 Significant Deterioration and                                             46557.              52.2299(c)(78).
 Board Order No. 90-13.
Revision addressing PM-10         El Paso, TX.......  11/05/91..........  01/18/94, 59 FR     Ref
 nonattainment area requirements                                           02535.              52.2299(c)(79).
 for El Paso and Board Orders 89-
 03 and 91-15.
City of El Paso, TX, Ordinance,   El Paso, TX.......  12/11/90..........  01/18/94, 59 FR     Ref
 Title 9.                                                                  02535.              52.2299(c)(79).
Board Order No. 92-16...........  Ozone               10/16/92..........  04/15/94, 59 FR     Ref
                                   nonattainment                           17943.              52.2299(c)(81).
                                   areas.
Board Order No. 92-20...........  Ozone               08/20/92..........  08/26/94, 59 FR     Ref
                                   nonattainment                           44039.              52.2299(c)(82).
                                   areas.
Revision for the El Paso CO       El Paso County, TX  09/18/92..........  09/12/94, 59 FR     Ref
 nonattainment area and Board                                              46766.              52.2299(c)(84).
 Order No. 92-15.
Small Business Stationary Source  Statewide.........  11/13/92..........  08/19/94, 59 FR     Ref
 Technical and Environmental                                               42759.              52.2299(c)(85).
 Compliance Assistance Program.
Board Order No. 92-22...........  Statewide.........  11/06/92..........  08/19/94, 59 FR     Ref
                                                                           42759.              52.2299(c)(85).

[[Page 856]]

 
Board Order No. 92-04...........  N/A...............  05/08/92..........  03/07/95, 60 FR     Ref
                                                                           12438.              52.2299(c)(88).
Board Order No. 92-16...........  N/A...............  10/16/92..........  03/07/95, 60 FR     Ref
                                                                           12438.              52.2299(c)(88).
Revision to Modify SLAMS and      Statewide.........  11/10/93..........  10/04/94, 59 FR     Ref
 NAMS Monitoring Systems and                                               50504.              52.2299(c)(90).
 Board Order No. 93-24.
Employer Trip Reduction Program   Brazoria,           11/13/92..........  03/07/95, 60 FR     Ref
 and Board Order No. 92-14.        Chambers, Fort                          12442.              52.2299(c)(91).
                                   Bend, Galveston,
                                   Harris, Liberty,
                                   Montgomery, and
                                   Waller Counties.
Revision limiting SO2 by agreed   Certain             08/03/94..........  03/06/95, 60 FR     Ref
 orders 94-09 through 94-22.       Nonpermitted                            12125.              52.2299(c)(93).
                                   facilities in
                                   Harris County.
Revision addressing visible       Statewide.........  08/21/89, 01/29/    05/08/96, 61 FR     Ref
 emissions with Board Orders 89-                       91, 10/15/92, and   20732.              52.2299(c)(94).
 03, 90-12, 92-19, and 93-06.                          08/04/93.
Alternative Emission Reduction    Deer Park, TX.....  07/26/93..........  06/19/95, 60 FR     Ref
 (Bubble) for Shell Oil                                                    31915.              52.2299(c)(95).
 Company's Deer Park
 manufacturing complex.
Transportation Conformity and     Areas designated    10/12/94..........  11/08/95, 60 FR     Ref
 Board Order No. 94-40.            nonattainment and                       56244.              52.2299(c)(96).
                                   areas subject to
                                   a maintenance
                                   plan.
Revision to Permitting            Statewide.........  07/26/85, 07/17/    09/27/95, 60 FR     Ref
 Regulations and Board Orders                          87, 12/18/87, 07/   49781.              52.2299(c)(97).
 No. 85-07, 87-09, 87-17, 88-08,                       15/88, 08/11/89,
 89-06, 90-05, 91-10, 92-06, 92-                       05/18/90, 09/20/
 18, and 93-17.                                        91, 05/08/92, 10/
                                                       16/92, 08/16/93.
VOC RACT Negative Declarations..  Beaumont/Port       1/10/96...........  10/30/96, 61 FR     Ref
                                   Arthur, Dallas/                         55894.              52.2299(c)(103).
                                   Fort Worth, El
                                   Paso, Houston/
                                   Galveston.
VOC RACT Negative Declaration     El Paso...........  1/10/96...........  6/7/07, 72 FR
 for SOCMI Batch Processing                                                31457..
 Source Category.
Alternate Control Strategy for    Ft Worth, TX,       04/18/96..........  05/30/97, 62 FR     Ref
 Bell Helicopter Textron, Inc..    Plant 1 facility.                       29297.              52.2299(c)(100).
Revisions to the Plan concerning  Rockdale, TX......  10/15/92 and 09/20/ 09/30/97, 61 FR     Ref
 Sulfur Dioxide in Milam County.                       95.                 49685.              52.2299(c)(101).
TNRCC Order No. 93-20, 94-06, 94- The four ozone      11/10/93, 05/04/    05/22/97, 62 FR     Ref
 26, 94-0676-SIP.                  nonattainment       94, 07/13/94, 11/   27964.              52.2299(c)(104).
                                   areas in TX.        09/94.
15% ROP Plan....................  Beaumont/Port       08/09/96..........  02/10/98, 63 FR     Ref
                                   Arthur ozone                            6659.               52.2299(c)(107).
                                   nonattainment
                                   area.
15% ROP Plan....................  Dallas/Ft Worth,    08/09/96..........  11/10/98, 63 FR     Ref
                                   El Paso, and                            62943.              52.2299(c)(113)
                                   Houston/Galveston                                           See also 52.2309.
                                   ozone
                                   nonattainment
                                   areas.
Lead Maintenance Plan for Gould   Collin County.....  08/31/99..........  10/13/99, 64 FR     Ref. 59 FR 60905
 National Battery, Incorporated.                                           55425.              (11/29/94).

[[Page 857]]

 
Post 96 Rate of Progress Plan...  Houston, Texas....  5/19/98...........  4/25/01 66 FR       Originally
                                                                           20750.              submitted 11/9/94
                                                                                               and revised 8/9/
                                                                                               96.
Contingency Measures............  Houston, Texas....  5/19/98...........  4/25/01 66 FR       Originally
                                                                           20751.              submitted 11/9/94
                                                                                               and revised 8/9/
                                                                                               96.
Post 96 Rate of Progress Plan...  Houston, Texas....  5/19/98...........  4/25/01 66 FR       Originally
                                                                           20750.              submitted 11/9/94
                                                                                               and revised 8/9/
                                                                                               96.
Contingency Measures............  Houston, Texas....  5/19/98...........  4/25/01 66 FR       Originally
                                                                           20751.              submitted 11/9/94
                                                                                               and revised 8/9/
                                                                                               96.
Attainment Demonstration for the  Houston/Galveston,  \1\ 12/09/00......  11/14/01, 66 FR
 1-hour Ozone NAAQS.               TX.                                     57195.
Speed Limit Reduction...........  Houston/Galveston,  9/26/02...........  11/14/02, 67 FR     Section 6.3.12
                                   TX.                                     68944.
Voluntary Mobile Emissions        Houston/Galveston,  9/26/02...........  11/14/02, 67 FR
 Program.                          TX.                                     68944.
Texas Senate Bill 5.............  Houston/Galveston,  9/26/00...........  11/14/01, 66 FR
                                   TX.                                     57195.
Transportation Control Measures   Houston/Galveston,  12/09/00..........  11/14/01, 66 FR
 Appendix I.                       TX.                                     57195.
Commitment to Mid-course review.  Houston/Galveston,  4/19/01...........  11/14/01, 66 FR
                                   TX.                                     57195.
Table 7.1-1 Enforceable           Houston/Galveston,  9/26/01...........  11/14/01, 66 FR
 Commitments.                      TX.                                     57195.
15% Rate of Progress Plan.......  Houston/Galveston,  12/09/00..........  11/14/01, 66 FR
                                   TX.                                     57195.
Revisions to the 1990 Base Year   Houston/Galveston,  12/09/00..........  11/14/01, 66 FR
 Inventory.                        TX.                                     57195.
Reasonably Available Control      Houston/Galveston,  9/26/01...........  11/14/01, 66 FR
 Measure Analysis.                 TX.                                     57195.
Memorandum of Agreement between   Houston/Galveston   10/18/2000........  11/14/01, 66 FR     HGA, Texas 1-hour
 TNRCC and Houston Airport         Area Ozone                              57222.              ozone standard
 System.                           Nonattainment                                               attainment
                                   Area.                                                       demonstrations.
Vehicle Miles Traveled Offset     Houston/Galveston   05/09/00..........  11/14/01, 66 FR     Originally
 Plan.                             Ozone                                   57251.              submitted 11/12/
                                   nonattainment                                               93 and revised 11/
                                   area.                                                       06/94, 8/25/97,
                                                                                               and 05/17/00.
Memorandum of Agreement between   Dallas/Fort Worth   5/23/01...........  4/22/02, 67 FR      DFW, Texas 1-hour
 TNRCC and the City of Dallas,     Ozone                                   19516.              ozone standard
 Texas.                            Nonattainment                                               attainment
                                   Area.                                                       demonstrations.
Memorandum of Agreement between   Dallas/Fort Worth   5/23/01...........  4/22/02, 67 FR      DFW, Texas 1-hour
 TNRCC and the City of Fort        Ozone                                   19516.              ozone standard
 Worth, Texas.                     Nonattainment                                               attainment
                                   Area.                                                       demonstrations.
Memorandum of Agreement between   Dallas/Fort Worth   5/23/01...........  4/22/02, 67 FR      DFW, Texas 1-hour
 TNRCC and the D/FW                Ozone                                   19516.              ozone standard
 International Airport Board,      Nonattainment                                               attainment
 Texas.                            Area.                                                       demonstrations.
Transportation Control Measures   All Nonattainment   05/09/00..........  12/5/00, 67 FR      Chapter 1.
 SIP Revision.                     and Maintenance                         72382.              Introduction,
                                   Areas.                                                      Chapter 2,
                                                                                               General, and
                                                                                               Chapter
                                                                                               3.Criteria and
                                                                                               Procedures.
Section 179B Demonstration of     El Paso CO          09/27/95..........  07/02/03, 68 FR     Supplemented 02/11/
 Attainment for Carbon Monoxide    nonattainment                           39460.              98.
 for El Paso.                      area
Carbon Monoxide On-Road           El Paso CO          09/27/95..........  07/02/03..........  ..................
 Emissions Budget for Conformity.  nonattainment
                                   area
Contingency Measure for El Paso   El Paso CO          09/27/95..........  07/02/03, 68 FR     ..................
 Carbon Monoxide Area.             nonattainment                           39460.
                                   area

[[Page 858]]

 
Section 179B Attainment           El Paso ozone       10/03/94..........  6/10/04             Approval includes
 Demonstration Report.             nonattainment                                               a revision
                                   area.                                                       submitted 08/09/
                                                                                               96.
Deferral of the post 1996 RFP...  El Paso ozone       ..................  6/10/04...........
                                   nonattainment
                                   area.
Enforceable commitment to         El Paso ozone       10/03/94..........  6/10/04...........
 conduct additional modeling for   nonattainment
 the area as new data become       area.
 available. This modeling effort
 will be conducted under the
 auspices of the 1983 La Paz
 Agreement between the United
 States and Mexico.
VOC and NOX Motor Vehicle         El Paso ozone       12/11/97..........  6/10/04...........
 Emissions Budget for Conformity.  nonattainment
                                   area.
Second 10-year maintenance plan   Victoria..........  02/05/03..........  01/03/05, 70 FR 22
 for Victoria County.
Post 1999 Rate of Progress Plan.  Houston/Galveston,  11/16/04..........  2/14/05, 70 FR
                                   TX.                                     7407.
Revisions to the 1990 Base Year   Houston/Galveston,  11/16/04..........  2/14/05, 70 FR
 Inventory.                        TX.                                     7407.
Approval of the Post-1996 Rate-   Dallas-Fort Worth.  10/25/1999........  3/28/05, 70 FR      ..................
 of-Progress Plan and Motor                                                15592.
 Vehicle Emission Budgets.
Adjustments to the 1990 base      Dallas-Fort Worth.  10/25/1999........  3/28/05, 70 FR
 year emissions inventory.                                                 15592.
Approval of the 15% Rate of       Dallas-Fort Worth.  9/8/1996..........  4/12/2005, 70 FR
 Progress Plan and the Motor                                               18993.
 Vehicle Emissions Budget.
Memorandum of Agreement between   Dallas-Fort Worth.  1/14/04...........  04/22/05, 70 FR
 Texas Council on Environmental                                            20816.
 Quality and the North Central
 Texas Council of Governments
 Providing Emissions Offsets to
 Dallas Fort Worth International
 Airport.
Clean Air Action Plan, 8-hour     Bastrop, Caldwell,  12/06/04..........  8/19/05, 70 FR
 ozone standard attainment         Hays, Travis and                        48640.
 demonstration, and                Williamson
 Transportation Emission           Counties, TX.
 Reduction Measures (TERMs) for
 the Austin EAC area.
Clean Air Action Plan and 8-hour  Gregg, Harrison,    12/06/04..........  8/19/05, 70 FR
 ozone standard attainment         Rusk, Smith and                         48642.
 demonstration for the Northeast   Upshur Counties,
 Texas Early Action Compact area.  TX.

[[Page 859]]

 
Clean Air Plan, 8-hour ozone      Bexar, Comal,       12/06/04..........  8/22/05, 70 FR
 standard attainment               Guadalupe, and                          48877.
 demonstration and                 Wilson Counties,
 Transportation Emission           TX.
 Reduction Measures (TERMs) for
 the San Antonio EAC area.
Voluntary Mobile Emission         Dallas/Fort Worth,  4/25/00...........  8/26/05, 70 FR
 Program.                          TX.                                     50208.
Dallas--Fort Worth SIP, Appendix  Dallas/Fort Worth   01/14/04..........  09/27/05, 70 FR
 G; Transportation Control         Ozone                                   56374.
 Measures in the Dallas/Fort       Nonattainment
 Worth Ozone Nonattainment Area.   Area.
Approval of the Speed Limits      Dallas-Fort Worth.  4/25/00...........  10/11/05, 70 FR
 Local Initiative Measure in the                                           58978.
 DFW nine county area. Affected
 counties are Dallas, Tarrant,
 Collin, Denton, Parker,
 Johnson, Ellis, Kaufman,
 Rockwall.
Memorandum of Understanding       Statewide.........  08/15/02..........  12/12/2005, 70 FR
 Between the Texas Department of                                           73380.
 Transportation and the Texas
 Natural Resource Conservation
 Commission.
Post 1996 Rate of Progress Plan.  Beaumont/Port       11/16/04..........  2/22/06, 71 FR
                                   Arthur, TX.                             8965.
Revisions to the 1990 Base Year   Beaumont/Port       11/16/04..........  2/22/06, 71 FR
 Inventory.                        Arthur, TX.                             8965.
Attainment Demonstration for      Houston/Galveston,  12/01/04..........  09/06/06, 71 FR
 Houston/Galveston/Brazoria        TX.                                     52670.
 (HGB) One-hour Ozone
 Nonattainment Area Adopting
 Strategy Based on NOX and Point
 Source Highly-Reactive VOC
 Emission Reductions.
Texas Clean Air Interstate Rule   Statewide.........  07/12/06..........  07/30/07, 72 FR     Only CAIR Phase I
 Nitrogen Oxides Annual Trading                                            41453.              NOX Annual and
 Program Abbreviated SIP                                                                       CSP Allocations
 Revision.                                                                                     approved into
                                                                                               SIP.
2002 Emissions Inventory........  Collin, Dallas,     4/27/05...........  8/15/2008, 73 FR
                                   Denton, Ellis,                          47835.
                                   Johnson, Kaufman,
                                   Parker, Rockwall
                                   and Tarrant
                                   Counties, TX.
Energy Efficiency Measures......  Collin, Dallas,     4/27/05...........  8/15/2008, 73 FR
                                   Denton, Ellis,                          47835.
                                   Johnson, Kaufman,
                                   Parker, Rockwall
                                   and Tarrant
                                   Counties, TX.
 El Paso County Carbon Monoxide   El Paso, TX.......  2/13/08...........  8/4/08, 73 FR
 Maintenance Plan.                                                         45162.

[[Page 860]]

 
Dallas-Fort Worth 1997 8-hour     Collin, Dallas,     May 23, 2007,       January 14, 2009,   Conditional
 ozone Attainment Demonstration    Denton, Ellis,      November 7, 2008.   74 FR 1903.         Approval.
 SIP and its 2009 attainment       Johnson, Kaufman,
 MVEBs, RACM demonstration, and    Parker, Rockwall
 Failure-to-Attain Contingency     and Tarrant
 Measures Plan.                    Counties, TX.
Transportation Control Measures.  Collin, Dallas,     May 23, 2007......  January 14, 2009,
                                   Denton, Ellis,                          74 FR 1903.
                                   Johnson, Kaufman,
                                   Parker, Rockwall
                                   and Tarrant
                                   Counties, TX.
VMEP............................  Collin, Dallas,     May 23, 2007......  January 14, 2009,
                                   Denton, Ellis,                          74 FR 1903.
                                   Johnson, Kaufman,
                                   Parker, Rockwall
                                   and Tarrant
                                   Counties, TX.
VOC RACT finding for the 1-hour   Collin, Dallas,     May 23, 2007......  January 14, 2009,
 ozone NAAQS and the 1997 8-hour   Denton, Ellis,                          74 FR 1903.
 ozone NAAQS.                      Johnson, Kaufman,
                                   Parker, Rockwall
                                   and Tarrant
                                   Counties, TX.
El Paso County 1997 8-Hour Ozone  El Paso, TX.......  1/11/06...........  1/15/09, 74 FR
 Maintenance Plan.                                                         2387.
Approval of the 1997 8-hour       Dallas/Fort Worth,  05/23/07..........  10/7/08, 73 FR
 Ozone 15% Reasonable Further      TX.                                     58475.
 Progress Plan, and 2008 RFP
 Motor Vehicle Emission Budgets.
Revised 2002 Base Year Emissions  Dallas/Fort Worth,  05/23/07..........  10/7/08, 73 FR
 Inventory.                        TX.                                     58475.
Approval of the 1997 8-hour       Houston-Galveston-  5/23/07...........  4/22/09, 74 FR
 Ozone 15% Reasonable Further      Brazoria, TX.                           18298.
 Progress Plan, and 2008 RFP
 Motor Vehicle Emission Budgets.
2002 Base Year Emissions          Houston-Galveston-  5/23/07...........  4/22/09, 74 FR      ..................
 Inventory.                        Brazoria, TX.                           18298.
----------------------------------------------------------------------------------------------------------------
\1\ As revised 9/26/01.


[64 FR 36589, July 7, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2270, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.2271  Classification of regions.

    (a) The Texas plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Abilene-Wichita Falls Intrastate..........................          II        III       III       III        III

[[Page 861]]

 
Amarillo-Lubbock Intrastate...............................          II        III       III       III        III
Austin-Waco Intrastate....................................          II        III       III       III          I
Brownsville-Laredo Intrastate.............................           I        III       III       III        III
Corpus Christi-Victoria Intrastate........................           I         II       III       III          I
Midland-Odessa-San Angelo Intrastate......................          II         II       III       III        III
Metropolitan Houston-Galveston Intrastate.................           I          I       III       III          I
Metropolitan Dallas-Fort Worth Intrastate.................          II        III       III       III          I
Metropolitan San Antonio Intrastate.......................          II        III       III       III          I
Southern Louisiana-Southeast Texas Interstate.............          II          I       III       III          I
El Paso-Las Cruces Alamogordo Interstate..................           I         IA       III         I          I
Shreveport-Texarkana-Tyler Interstate.....................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------

    (b) The proposed priority classifications for particulate matter and 
carbon monoxide submitted by the Governor on March 21, 1975 are 
disapproved.
    (c) The revision of section II, classification of regions, submitted 
by the Texas Air Control Board with the semiannual in 1975 is 
disapproved.

[37 FR 10895, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 42 
FR 20131, Apr. 18, 1977; 42 FR 27894, June 1, 1977; 45 FR 19244, Mar. 
25, 1980]



Sec. 52.2272  [Reserved]



Sec. 52.2273  Approval status.

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

[45 FR 19244, Mar. 25, 1980, as amended at 49 FR 32190, Aug. 13, 1984; 
61 FR 16062, Apr. 11, 1996]



Sec. 52.2274  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the legal authority to provide for public availability of emission 
data is inadequate.

[39 FR 34537, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. 52.2275  Control strategy and regulations: Ozone.

    (a) Section 510.3 of revised Regulation V, which was submitted by 
the Governor on July 20, 1977, is disapproved.
    (b) Notwithstanding any provisions to the contrary in the Texas 
Implementation Plan, the control measures listed in paragraph (d) of 
this section shall be implemented in accordance with the schedule set 
forth below.
    (c)(1) Removal from service of a 12,000 BPD vacuum distillation unit 
at the Corpus Christi refinery of the Champlin Petroleum Company, Corpus 
Christi, Texas, with a final compliance date no later than October 1, 
1979. This shall result in an estimated hydrocarbon emission reduction 
of at least 139 tons per year.
    (2) Dedication of gasoline storage tank 91-TK-3 located at the 
Corpus Christi refinery of the Champlin Petroleum Company, Corpus 
Christi, Texas to the exclusive storage of No. 2 Fuel Oil or any fluid 
with a vapor pressure equivalent to, or less than that of No. 2 Fuel 
Oil, with a final compliance date no later than October 1, 1979. This 
shall result in an estimated hydrocarbon emission reduction of at least 
107.6 tons per year.
    (d) [Reserved]
    (e) Approval--The Texas Commission on Environmental Quality (TCEQ) 
submitted a revision to the Texas SIP on February 18, 2003, concerning 
the Victoria County 1-hour ozone maintenance plan. This SIP revision was 
adopted by TCEQ on February 5, 2003. This SIP revision satisfies the 
Clean Air Act requirement, as amended in 1990, for the second 10-year 
update to the Victoria County 1-hour ozone maintenance area.
    (f) Determination of attainment. Effective November 17, 2008 EPA has 
determined that the Dallas/Fort Worth

[[Page 862]]

(DFW) 1-hour ozone nonattainment area has attained the 1-hour ozone 
standard. Under the provisions of EPA's Clean Data Policy, this 
determination suspends the requirements for this area to submit an 
attainment demonstration or 5% increment of progress plan, a reasonable 
further progress plan, contingency measures, and other State 
Implementation Plans related to attainment of the 1-hour ozone NAAQS for 
so long as the area continues to attain the 1-hour ozone NAAQS.
    (g) Approval. The Texas Commission on Environmental Quality (TCEQ) 
submitted a 1997 8-hour ozone NAAQS maintenance plan for the area of El 
Paso County on January 20, 2006. The area is designated unclassifiable/
attainment for the 1997 8-hour ozone standard. EPA determined this 
request for El Paso County was complete on June 13, 2006. The 
maintenance plan meets the requirements of section 110(a)(1) of the 
Clean Air Act and is consistent with EPA's maintenance plan guidance 
document dated May 20, 2005. The EPA therefore approved the 1997 8-hour 
ozone NAAQS maintenance plan for the area of El Paso County on January 
15, 2009.

[42 FR 37380, July 21, 1977, as amended at 44 FR 5662, Jan. 29, 1979; 44 
FR 55006, Sept. 24, 1979; 45 FR 19244, Mar. 25, 1980; 46 FR 47545, Sept. 
29, 1981; 47 FR 20770, May 14, 1982; 47 FR 50868, Nov. 10, 1982; 60 FR 
12459, Mar. 7, 1995; 60 FR 33924, June 29, 1995; 70 FR 25, Jan. 3, 2005; 
73 FR 61358, Oct. 16, 2008; 74 FR 2391, Jan. 15, 2009]



Sec. 52.2276  Control strategy and regulations: Particulate matter.

    (a) Part D conditional approval. The Texas plan for total suspended 
particulate (TSP) for the nonattainment area of Dallas 3 is 
conditionally approved until the State satisfactorily completes the 
following items:
    (1) Draft SIP revision supplement submitted to EPA by March 3, 1980.
    (2) Public hearing completed by May 5, 1980.
    (3) Adopt revision and revised Regulation I as it pertains to 
control of nontraditional sources, if necessary, and submit to EPA by 
August 1, 1980.
    (b) Notwithstanding any provisions to the contrary in the Texas 
Implementation Plan, the control measures listed in paragraph (c) of 
this section shall be implemented in accordance with the schedule set 
forth below.
    (c) No later than January 1, 1980, Parker Brothers and Co., Inc., at 
its limestone quarry facilities near New Braunfels, Comal County, Texas 
shall install fabric filters on the primary crusher and on the secondary 
crusher and screens, meeting the requirements of Appendix A of the Texas 
Air Control Board Order 78-8 adopted August 11, 1978. After the date of 
installation of the fabric filters, Parker Brothers and Co., Inc., shall 
not emit particulate matter in excess of 0.03 grains per standard cubic 
foot from the exhaust stack of the fabric filter on its primary crusher 
and shall not emit particulate matter in excess of 0.03 grains per 
standard cubic foot from the exhaust stack of the fabric filter on its 
secondary crusher and screens.

[46 FR 43425, Aug. 28, 1981, and 46 FR 47545, Sept. 29, 1981]



Sec. Sec. 52.2277-52.2281  [Reserved]



Sec. 52.2282  Public hearings.

    (a) The requirements of Sec. 51.102 of this chapter are not met 
because principal portions of the revised plan were not made available 
to the public for inspection and comment prior to the hearing.

[38 FR 16568, June 22, 1973, as amended at 51 FR 40675, Nov. 7, 1986]



Sec. 52.2283  Interstate pollutant transport provisions; What are 
the FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the 
State of Texas and for which requirements are set forth under the 
Federal CAIR NOX Annual Trading Program in subparts AA 
through II of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the Texas State Implementation 
Plan (SIP) as meeting the requirements of CAIR for PM2.5 
relating to NOX under Sec. 51.123 of this chapter, except to 
the extent the Administrator's approval is partial or

[[Page 863]]

conditional or unless such approval is under Sec. 51.123(p) of this 
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX allowances to 
sources in the State for any years, the provisions of part 97 of this 
chapter authorizing the Administrator to complete the allocation of CAIR 
NOX allowances for those years shall continue to apply, 
unless the Administrator approves a SIP provision that provides for the 
allocation of the remaining CAIR NOX allowances for those 
years.
    (b) [Reserved]

[72 FR 62355, Nov. 2, 2007]



Sec. 52.2284  Interstate pollutant transport provisions; What are 
the FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within 
the State of Texas and for which requirements are set forth under the 
Federal CAIR SO2 Trading Program in subparts AAA through III 
of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the Texas State Implementation 
Plan as meeting the requirements of CAIR for PM2.5 relating 
to SO2 under Sec. 51.124 of this chapter, except to the 
extent the Administrator's approval is partial or conditional or unless 
such approval is under Sec. 51.124(r) of this chapter.

[72 FR 62355, Nov. 2, 2007]



Sec. 52.2285  Control of evaporative losses from the filling of 
gasoline storage vessels in the Houston and San Antonio areas.

    (a) Definitions:
    (1) Gasoline means any petroleum distillate having a Reid vapor 
pressure of 4 pounds or greater which is produced for use as a motor 
fuel and is commonly called gasoline.
    (2) Storage container means any stationary vessel of more than 1,000 
gallons (3,785 liters) nominal capacity. Stationary vessels include 
portable vessels placed temporarily at a location; e.g., tanks on skids.
    (3) Owner means the owner of the gasoline storage container(s).
    (4) Operator means the person who is directly responsible for the 
operation of the gasoline storage container(s), whether the person be a 
lessee or an agent of the owner.
    (5) Delivery Vessel means tank trucks and tank trailers used for the 
delivery of gasoline.
    (6) Source means both storage containers and delivery vessels.
    (b) This section is applicable to the following counties in Texas: 
Harris, Galveston, Brazoria, Fort Bend, Waller, Montgomery, Liberty, 
Chambers, Matagorda, Bexar, Comal, and Guadalupe.
    (c) No person shall transfer or permit the transfer of gasoline from 
any delivery vessel into any stationary storage container with a nominal 
capacity greater than 1,000 gallons (3,785 liters) unless such container 
is equipped with a submerged fill pipe and unless the displaced vapors 
from the storage container are processed by a system that prevents 
release to the atmosphere of no less than 90 percent by weight of total 
hydrocarbon compounds in said vapors.
    (1) The vapor recovery system shall include one or more of the 
following:
    (i) A vapor-tight return line from the storage container to the 
delivery vessel and a system that will ensure that the vapor return line 
is connected before gasoline can be transferred into the container.
    (ii) Other equipment that prevents release to the atmosphere of no 
less than 90 percent by weight of the total hydrocarbon compounds in the 
displaced vapor provided that approval of the proposed design, 
installation, and operation is obtained from the Regional Administrator 
prior to start of construction.
    (2) The vapor recovery system shall be so constructed that it will 
be compatible with a vapor recovery system, which may be installed 
later, to recover vapors displaced by the filling of motor vehicle 
tanks.
    (3) The vapor-laden delivery vessel shall meet the following 
requirements:

[[Page 864]]

    (i) The delivery vessel must be so designed and maintained as to be 
vapor-tight at all times.
    (ii) If any gasoline storage compartment of a vapor-laden delivery 
vessel is refilled in one of the counties listed in paragraph (b) of 
this section, it shall be refilled only at a facility which is equipped 
with a vapor recovery system, or the equivalent, which prevents release 
to the atmosphere of at least 90 percent by weight of the total 
hydrocarbon compounds in the vapor displaced from the delivery vessel 
during refilling.
    (iii) Gasoline storage compartments of one thousand gallons or less 
in gasoline delivery vehicles presently in use on November 6, 1973 will 
not be required to be retrofitted with a vapor return system until 
January 1, 1977.
    (iv) Facilities which have a daily throughput of 20,000 gallons of 
gasoline or less are required to have a vapor recovery system in 
operation no later than May 31, 1977. Delivery vessels and storage 
vessels served exclusively by facilities required to have a vapor 
recovery system in operation no later than May 31, 1977, also are 
required to meet the provisions of this section no later than May 31, 
1977.
    (d) The provisions of paragraph (c) of this section shall not apply 
to the following:
    (1) Storage containers used for the storage of gasoline used on a 
farm for farming purposes, as that expression is used in the Internal 
Revenue Code, 26 U.S.C. section 6420.
    (2) Any container having a nominal capacity less than 2,000 gallons 
(7,571 liters) installed prior to November 6, 1973.
    (3) Transfers made to storage containers equipped with floating 
roofs or their equivalent.
    (4) Any facility for loading and unloading of volatile organic 
compounds (including gasoline bulk terminals) in Bexar, Brazoria, 
Galveston and Harris Counties, any gasoline bulk plants in Harris 
County, and any filling of gasoline storage vessels (Stage I) for motor 
vehicle fuel dispensing facilities in Bexar, Brazoria, Galveston, and 
Harris Counties which is subject to Texas Air Control Board Regulation V 
subsections 115.111-115.113, 115.121-115.123, and 115.131-115.135, 
respectively.
    (e) Except as provided in paragraph (f) of this section, the owner 
or operator of a source subject to paragraph (c) of this section shall 
comply with the increments contained in the following compliance 
schedule:
    (1) Contracts for emission control systems or process modifications 
must be awarded or orders must be issued for the purchase of component 
parts to accomplish emission control or process modification not later 
than March 31, 1975.
    (2) Initiation of onsite construction or installation of emission 
control equipment or process change must begin not later than July 1, 
1975.
    (3) On-site construction or installation of emission control 
equipment or process modification must be completed no later than June 
30, 1976.
    (4) Final compliance is to be achieved no later than August 31, 
1976.
    (5) Any owner or operator of sources subject to the compliance 
schedule in this paragraph shall certify in writing to the Regional 
Administrator whether or not the required increment of progress has been 
met. The certification shall be submitted within five days after the 
deadlines for each increment. The certification shall include the 
name(s) and street address(es) of the facility (facilities) for which 
the certification applies, and the date(s) the increment(s) of progress 
was (were) met--if met. The Regional Administrator may request whatever 
supporting information he considers necessary for proper certification.
    (f) Paragraph (e) of this section shall not apply to the owner or 
operator of:
    (1) A source which is presently in compliance with paragraph (c) of 
this section and which has certified such compliance to the Regional 
Administrator by January 1, 1974. The certification shall include the 
name(s) and street address(es) of the facility (facilities) for which 
the certification applies. The Regional Administrator may request 
whatever supporting information he considers necessary for proper 
certification.
    (2) To a source for which a compliance schedule is adopted by the 
State and approved by the Administrator.

[[Page 865]]

    (3) To a source whose owner or operator receives approval from the 
Administrator by June 1, 1974, of a proposed alternative schedule. No 
such schedule may provide for compliance after August 31, 1976. If 
approval is promulgated by the Administrator, such schedule shall 
satisfy the requirements of this section for the affected source.
    (g) Nothing in this section shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (e) of this section fails to 
satisfy the requirements of Sec. Sec. 51.261 and 51.262(a) of this 
chapter.
    (h) After August 31, 1976 paragraph (c) of this section shall be 
applicable to every storage container (except those exempted in 
paragraph (d) of this section) located in the counties specified in 
paragraph (b) of this section. Every storage container installed after 
August 31, 1976 shall comply with the requirements of paragraph (c) of 
this section from the time of installation. In the affected counties, 
storage containers which were installed, or converted to gasoline 
storage after November 6, 1973, but before August 31, 1976 shall comply 
with paragraph (c) of this section in accordance with the schedule 
established in paragraph (e) of this section.

[42 FR 37380, July 21, 1977, as amended at 47 FR 50868, Nov. 10, 1982; 
51 FR 40676, Nov. 7, 1986]



Sec. 52.2286  Control of evaporative losses from the filling of 
gasoline storage vessels in the Dallas-Fort Worth area.

    (a) Definitions:
    (1) Gasoline means any petroleum distillate having a Reid vapor 
pressure of 4 pounds or greater which is produced for use as a motor 
fuel and is commonly called gasoline.
    (2) Storage container means any stationary vessel of more than 1,000 
gallons (3,785 liters) nominal capacity. Stationary vessels include 
portable vessels placed temporarily at a location; e.g., tanks on skids.
    (3) Owner means the owner of the gasoline storage container(s).
    (4) Operator means the person who is directly responsible for the 
operation of the gasoline storage container(s), whether the person be a 
lessee or an agent of the owner.
    (5) Delivery vessel means tank truck and tank trailers used for the 
delivery of gasoline.
    (6) Source means both storage containers and delivery vessels.
    (b) This section is applicable to the following counties in Texas: 
Dallas, Tarrant, Denton, Wise, Collin, Parker, Rockwall, Kaufman, Hood, 
Johnson, and Ellis.
    (c) No person shall transfer or permit the transfer of gasoline from 
any delivery vessel into any stationary storage container with a nominal 
capacity greater than 1,000 gallons (3,785 liters) unless such container 
is equipped with a submerged fill pipe and unless the displaced vapors 
from the storage container are processed by a system that prevents 
release to the atmosphere of no less than 90 percent by weight of total 
hydrocarbon compounds in said vapors.
    (1) The vapor recovery system shall include one or more of the 
following:
    (i) A vapor-tight return line from the storage container to the 
delivery vessel and a system that will ensure that the vapor return line 
is connected before gasoline can be transferred into the container.
    (ii) Other equipment that prevents release to the atmosphere of no 
less than 90 percent by weight of the total hydrocarbon compounds in the 
displaced vapor provided that approval of the proposed design, 
installation, and operation is obtained from the Regional Administrator 
prior to start of construction.
    (2) The vapor recovery system shall be so constructed that it will 
be compatible with a vapor recovery system, which may be installed 
later, to recover vapors displaced by the filling of motor vehicle 
tanks.
    (3) The vapor-laden delivery vessel shall meet the following 
requirements:
    (i) The delivery vessel must be so designed and maintained as to be 
vapor-tight at all times.
    (ii) If any gasoline storage compartment of a vapor-laden delivery 
vessel is refilled in one of the counties listed in paragraph (b) of 
this section, it shall be refilled only at a facility which is

[[Page 866]]

equipped with a vapor recovery system, or the equivalent, which prevents 
release to the atmosphere of at least 90 percent by weight of the total 
hydrocarbon compounds in the vapor displaced from the delivery vessel 
during refilling.
    (d) The provisions of paragraph (c) of this section shall not apply 
to the following:
    (1) Storage containers used for the storage of gasoline used on a 
farm for farming purposes, as that expression is used in the Internal 
Revenue Code, 26 U.S.C. section 6420.
    (2) Any container having a nominal capacity less than 2,000 gallons 
(7,571 liters) installed prior to promulgation of this section.
    (3) Transfers made to storage containers equipped with floating 
roofs or their equivalent.
    (4) Any facility for loading and unloading of volatile organic 
compounds (including gasoline bulk terminals) in Dallas or Tarrant 
County, and any filling of gasoline storage vessels (Stage I) for motor 
vehicle fuel dispensing facilities in Dallas or Tarrant County which is 
subject to Texas Air Control Board Regulation V subsections 115.111-
115.113 and 115.131-115.135, respectively.
    (e) Except as provided in paragraph (f) of this section, the owner 
or operator of a source subject to paragraph (c) of this section shall 
comply with the increments contained in the following compliance 
schedule:
    (1) Contracts for emission control systems or process modifications 
must be awarded or orders must be issued for the purchase of component 
parts to accomplish emission control or process modification no later 
than September 30, 1977.
    (2) Initiation of on-site construction or installation of emission 
control equipment or process modification must begin no later than 
January 31, 1978.
    (3) On-site construction or installation of emission control 
equipment or process modification must be completed no later than August 
31, 1978.
    (4) Final compliance is to be achieved no later than September 30, 
1978.
    (5) Any owner or operator of sources subject to the compliance 
schedule in this paragraph shall certify in writing to the Regional 
Administrator whether or not the required increment of progress has been 
met. The certification shall be submitted not later than February 15, 
1978, for award of contracts and initiation of construction, and not 
later than October 15, 1978, for completion of construction and final 
compliance. The certification shall include the name(s) and street 
address(es) of the facility (facilities) for which the certification 
applies, and the date(s) the increment(s) of progress was (were) met--if 
met. The Regional Administrator may request whatever supporting 
information he considers necessary for proper certification.
    (f) Paragraph (e) of this section shall not apply to the owner or 
operator of:
    (1) A source which is presently in compliance with paragraph (c) of 
this section and which has certified such compliance to the Regional 
Administrator by August 1, 1977. The certification shall include the 
name(s) and street address(es) of the facility (facilities) for which 
the certification applies. The Regional Administrator may request 
whatever supporting information he considers necessary for proper 
certification.
    (2) A source for which a compliance schedule is adopted by the State 
and approved by the Administrator.
    (3) To a source whose owner or operator receives approval from the 
Administrator by August 1, 1977, of a proposed alternative schedule. No 
such schedule may provide for compliance after September 30, 1978. If 
approval is promulgated by the Administrator, such schedule shall 
satisfy the requirements of this section for the affected source.
    (g) Nothing in this section shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (e) of this section fails to 
satisfy the requirements of Sec. 51.15 (b) and (c) of this chapter.
    (h) After September 30, 1978, paragraph (c) of this section shall be 
applicable to every storage container (except those exempted in 
paragraph (d) of this section) located in the counties specified in 
paragraph (b). Every storage container installed after September 30, 
1978 shall comply with the

[[Page 867]]

requirements of paragraph (c) of this section from the time of 
installation. In the affected counties, storage containers which were 
installed, or coverted to gasoline storage after promulgation of this 
section, but before September 30, 1978 shall comply with paragraph (c) 
of this section in accordance with the schedule established in paragraph 
(e).

[42 FR 37381, July 21, 1977, as amended at 47 FR 50868, Nov. 10, 1982]



Sec. Sec. 52.2287-52.2298  [Reserved]



Sec. 52.2299  Original identification of plan section.

    (a) This section identifies the original ``Texas Air Pollution 
Control Implementation Plan'' and all revisions submitted by Texas that 
were federally approved prior to December 31, 1998.
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Certification that statewide public hearings had been held on 
the plan was submitted by the Texas Air Control Board (TACB) on February 
8, 1972. (Nonregulatory)
    (2) A discussion of its policy concerning the confidentiality of 
certain hydrocarbon emission data was submitted by the TACB on May 2, 
1972. (Nonregulatory)
    (3) A discussion of the source surveillance and extension sections 
of the plan was submitted by the TACB on May 3, 1972. (Nonregulatory)
    (4) A discussion of minor revisions to the plan was submitted by the 
Governor on July 31, 1972. (Nonregulatory)
    (5) Revisions of section XI, paragraph C.3: Rule 9: Regulation V and 
control strategy for photochemical oxidants/hydrocarbons in Texas 
designated regions 7 and 10; regulation VII; and control strategy for 
nitrogen oxides in regions 5, 7, and 8 were submitted by the TACB on 
August 8, 1972.
    (6) A request that inconsistencies in the plan concerning the 
attainment dates of primary air standards be corrected was submitted by 
the Governor on November 10, 1972. (Nonregulatory)
    (7) Revisions to regulation IV, regulation V, the general rules and 
control strategy for photochemical oxidants/hydrocarbons, and a request 
for a two year extension to meet Federal standards for photochemical 
oxidants was submitted by the Governor on April 13, 1973.
    (8) Revisions to regulation IV (Control of Air Pollution from Motor 
Vehicles) were adopted on October 30, 1973, and were submitted by the 
Governor on December 11, 1973.
    (9) A revision of priority classifications for particulate matter, 
sulfur oxides, and carbon monoxide was submitted by the Governor on 
March 21, 1975. (Nonregulatory)
    (10) Revisions to rule 23, concerning compliance with new source 
performance standards, and rule 24, concerning compliance with national 
emission standards for hazardous air pollutants were submitted by the 
Governor on May 9, 1975.
    (11) Administrative revisions were submitted by the TACB with the 
semi-annual report in 1974 for sections I, II, III, IV, XI and XIII, and 
with the semi-annual report in 1975 for sections I, II, XI, and XII. 
(Nonregulatory)
    (12) A revision of section IX, Air Quality Surveillance, was 
submitted by the Governor on August 2, 1976. (Nonregulatory)
    (13) Revisions to section IX, Air Quality Surveillance Plan, which 
include changes of several air quality monitoring sites, were submitted 
by the TACB on August 12, 1977. (Nonregulatory)
    (14) Administrative revisions to section X, the Permit System, were 
submitted by the TACB in 1973, 1974, 1975, and 1977. (Nonregulatory)
    (15) Revisions to regulation V for control of volatile carbon 
compound emissions, as amended on December 10, 1976, were submitted by 
the Governor on July 20, 1977.
    (16) An administrative revision to section IX, Air Quality 
Surveillance System, was submitted by the Texas Air Control Board on 
August 14, 1978. (Nonregulatory)
    (17) Board Order No. 78-6, creditable as emission offsets for the 
Corpus Christi Petrochemical Company project in Corpus Christi, was 
submitted by the Governor on July 24, 1978, as amendments to the Texas 
State Implementation Plan (see Sec. 52.2275).

[[Page 868]]

    (18) Draft inspection/maintenance legislation and a schedule for 
conducting a pilot inspection/maintenance study were submitted by the 
Governor on April 13, 1979.
    (19) Adopted inspection/maintenance legislation and administrative 
revisions concerning inspection/maintenance were submitted by the 
Governor on August 9, 1979.
    (20) Revision to the plan for attainment of standards for 
particulate matter, carbon monoxide, and ozone (Part D requirements) 
were submitted by the Governor on April 13, 1979.

    Note: The provisions of Rule 104 submitted by the Governor on 1/28/
72 and approved by EPA on 5/31/72 remain in effect in other than 
nonattainment areas.

    (21) Administrative revisions to the transportation control portion 
of the plan were submitted by the Governor on August 9, 1979 (non-
regulatory).
    (22) No action is being taken on Subchapters 131.07.52, .53, and .54 
of Regulation V, submitted by the Governor April 13, 1979 for the ozone 
nonattainment counties of Harris, Galveston, Brazoria, Bexar, Dallas, 
and Tarrant.
    (23) No action is being taken on the control strategy for the TSP 
nonattainment area of Houston 1, submitted by the Governor on April 13, 
1979.
    (24) A revision identifying and committing to implement currently 
planned Transportation Control Measures (TCMs) for Harris County was 
submitted by the Governor on December 28, 1979.
    (25) Revisions to Regulation VI (i.e., Subchapter 116.3(a)(13-15)), 
and the definition of ``de minimus impact,'' were adopted by the Texas 
Air Control Board on July 11, 1980, and submitted by the Governor on 
July 25, 1980.
    (26) Board Order No. 78-8 creditable as emission offsets for the 
General Portland, Inc., project in New Braunfels, Comal County, Texas, 
was submitted by the Governor on September 13, 1978, as an amendment to 
the Texas State Implementation Plan (see Sec. 52.2276).
    (27) Revisions to Regulation V (i.e., Subchapters 115.171-176) and 
particulate matter (TSP) control strategies for the nonattainment areas 
of San Benito, Brownsville, Corpus Christi 1, Corpus Christi 2, Dallas 
1, and El Paso 4 were adopted by the Texas Air Control Board on July 11, 
1980, and submitted by the Governor on July 25, 1980.
    (28) An administrative revision to section I, Introduction, was 
submitted by the TACB on July 23, 1981. (Nonregulatory)
    (29) An administrative revision to section V, Legal Authority, was 
submitted by the TACB on July 23, 1981. (Nonregulatory).
    (30) Revisions to the Texas SIP for the Union Carbide Corporation 
Bubble in Texas City, Texas were submitted by the Governor on December 
15, 1981.
    (31) Revisions to the ozone, total suspended particulate, and carbon 
monoxide control strategies, General Rules (i.e., definition for vapor 
mounted seal and section 101.22), Regulation IV (i.e., addition of 
section 114.2(b)), and Regulation V (i.e., deletion of sections 115.46 
and 115.71, 115.101-106, sections 115.144, 115.153, title of sections 
115.161-163 and 115.162, 115.171-176, 115.191-194, sections 115.252, 
115.262, 115.401, 115.411, and title of sections 115.421-424) were 
adopted by the Texas Air Control Board on March 20, 1981, and submitted 
by the Governor on July 20, 1981.
    (32) Revisions to the plan for intergovernmental consultation and 
composition of the Texas Air Control Board were submitted by the 
Governor on April 13, 1979.
    (33) A revision to General Rule 9--Sampling, as adopted by the Texas 
Air Control Board on October 30, 1973, was submitted by the Governor on 
December 11, 1973.
    (34) Revisions to the General Rules (i.e., the addition of 
definitions for liquid-mounted seal, miscellaneous metal parts and 
products, factory surface coating of flat wood paneling, vapor tight, 
and waxy high pour point crude oil) and Regulation V (i.e., sections 
115.101-106, section 115.191 (9) and (10), sections 115.193, 115.194, 
115.201-203, 115.221-223, 115.231-233, 115.251-255, 115.261-264, and 
115.421-424) were adopted by the Texas Air Control Board on July 11, 
1980 and submitted by the Governor on July 25, 1980.
    (35) [Reserved]
    (36) Revisions to Regulation VI (i.e., section 116.1, section 116.2, 
section

[[Page 869]]

116.3(a), section 116.3(a)(2), the addition of sections 116.3(a)(3), 
116.3(a)(4), and 116.3(a)(5), section 116.3(a)(6), section 116.3(b)(2), 
the addition of sections 116.3(b)(3), 116.3(b)(4), 116.4, and 116.5, 
section 116.6, section 116.7, and section 116.8) were adopted by the 
Texas Air Control Board on March 27, 1975 and submitted by the Governor 
on May 9, 1975.
    (37) Revisions to Regulation VI (i.e., the deletion of 
131.08.00.009) were adopted by the Texas Air Control Board on March 30, 
1979 and submitted by the Governor on April 13, 1979.
    (38) Revisions to Regulation VI (i.e., the deletion of 
131.08.00.003(a)(3) and 131.08.00.003(a)(5), section 116.3(a)(4), 
section 116.3(a)(5), section 116.3(a)(9), section 116.3(a)(10), section 
116.3(a)(12), and section 116.10) were adopted by the Texas Air Control 
Board on March 20, 1981 and submitted by the Governor on July 20, 1981.
    (39) [Reserved]
    (40) Revisions to Subchapter 115.135 (formerly 131.07.54.105) of 
Regulation V were adopted by the Texas Air Control Board on September 7, 
1979 and submitted by the Governor to EPA on November 2, 1979 (i.e., 
removal of Jefferson, Orange, El Paso, Nueces, and Travis Counties).
    (41) The Texas Lead SIP was submitted to EPA on June 12, 1980, by 
the Governor of Texas, as adopted by the Texas Air Control Board on 
March 21, 1980. Additional information was submitted in letters dated 
January 29, 1982, March 15, 1982, June 3, 1982, June 15, 1982, August 
23, 1982, and October 14, 1982. Also additional information and Board 
Order 82-11 were submitted in a letter dated December 3, 1982. No action 
is taken regarding the Dallas and El Paso areas.
    (42) An administrative revision for Section VIII (Texas Air 
Pollution Emergency Episode Contingency Plan) and a revision to 
Regulation VIII (Control of Air Pollution Episodes) was submitted by the 
TACB on May 18, 1982 and December 29, 1981, respectively.
    (43) A revision to Regulation V deleting Ector County from the 
provisions of subsections 115.111 and .113 was adopted on March 20, 1981 
and submitted by the Governor on July 20, 1981.
    (44) Revisions to Regulation I, sections 111.2(7), 111.3, 111.11, 
111.12, 111.26, 111.61-111.65, and 111.71-111.76, for control of 
particulate matter and visible emissions as submitted by the Governor on 
January 22, 1974.
    (45) Revisions to Regulation I, section 111.2 for control of 
particulate matter and visible emissions as submitted by the Governor on 
December 29, 1975.
    (46) Revisions to Regulation I, Sections 111.2(8), 111.2(9), 111.22, 
111.91 and 111.92 for control of particulate matter and visible 
emissions as submitted by the Governor on April 13, 1979.
    (47) Revisions to section XII (Resources) as submitted by the 
Executive Director on July 6, 1982.
    (48) Revisions to Subchapters 115.111-115.113 (formerly 
131.07.52.101-131.07.52.104) regarding gasoline bulk terminals, 115.123-
115.124 (formerly 131.07.53.101-131.07.53.103) regarding gasoline bulk 
plants, and 115.131-115.135 (formerly 131.07.54.101-131.07.54.105) 
regarding the filling of gasoline storage vessels at motor vehicle fuel 
dispensing facilities (Stage I vapor recovery at service stations) of 
Regulation V for the counties of Harris, Galveston, Brazoria, Bexar, 
Dallas, and Tarrant were adopted by the Texas Air Control Board on March 
30, 1979 and submitted by the Governor to EPA on April 13, 1979.
    (49) Revisions to Subchapters 115.111 and 115.113 (formerly 
131.07.52.101 and 131.07.52.103) regarding gasoline bulk terminals, 
115.121 and 115.123 (formerly 131.07.53.101 and 131.07.53.103) regarding 
gasoline bulk plants, and 115.131, 115.132, and 115.135 (formerly 
131.07.54.101, 131.07.54.102, and 131.07.54.105) regarding the filling 
of gasoline storage vessels at motor vehicle fuel dispensing facilities 
(Stage I vapor recovery at service stations) of Regulation V were 
adopted by the Texas Air Control Board on July 11, 1980 and submitted by 
the Governor to EPA on July 25, 1980.
    (50) Revisions to the General Rules (i.e., deletion of the 
definitions for chemical process plant, exhaust emission, gas processing 
plant, and non-methane hydrocarbons, and revisions to the definitions 
for gasoline bulk plant, gasoline terminal, lowest

[[Page 870]]

achievable emission rate, standard conditions, submerged fill pipe, 
paper coating, and light-duty truck coating), Regulation I (i.e., the 
deletion of sections 111.61-111.65, revisions to title of sections 
111.71-111.76 and section 111.71, addition of sections 111.81-111.83, 
deletion of section 111.91, and revisions to section 111.92), and 
Regulation V (i.e., section 115.1, sections 115.11-115.13, sections 
115.31-115.32, sections 115.41-115.45, section 115.81, and section 
115.91, all for Bexar County only: and, sections 115.101-115.106; title 
of sections 115.141-115.144 and section 115.141, section 115.142, and 
section 115.144; title of sections 115.151-115.153 and section 115.152, 
and section 115.153; sections 115.161-115.163 and title; title of 
sections 115.171-115.176 and section 115.173, section 115.175, and 
section 115.176; title of sections 115.191-115.194 and section 115.191, 
section 115.192, and section 115.193; title of sections 115.201-115.203 
and section 115.203; title of sections 115.221-115.223 and sections 
115.222-115.223; sections 115.231-115.233 and title; title of sections 
115.251-115.255 and section 115.253, and section 115.255; section 
115.401; title of sections 115.411-115.413 and sections 115.411 and 
115.412; title only of sections 115.421-115.424) were adopted by the 
Texas Air Control Board on January 8, 1982, and submitted by the 
Governor on August 9, 1982, with an addendum from the State on January 
13, 1983.
    (51) A revision to Section III (Public Participation/
Intergovernmental Coordination) was submitted by the Texas Air Control 
Board on August 17, 1982 and a letter of clarification was submitted on 
January 28, 1983. The revision also supercedes and deletes Section XIII 
which was approved on May 31, 1972.
    (52) An administrative revision to Section IX, Air Quality 
Surveillance, was submitted by the TACB on June 22, 1983. 
(Nonregulatory)
    (53) A revision to Regulation VI (i.e., the addition of section 
116.11) was adopted by the Texas Air Control Board on December 3, 1982, 
and submitted by the Governor on May 13, 1983.
    (54) Revisions to the Texas State Implementation Plan for lead for 
Dallas County (concerning a lead control plan for the area around the 
secondary lead smelter in West Dallas), were submitted to EPA on April 
6, 1984, by the Governor of Texas, as adopted by the Texas Air Control 
Board on February 17, 1984.
    (55) Revisions to the Texas State Implementation Plan for lead for 
Dallas County (concerning a lead control plan for the area around the 
secondary lead smelter in South Dallas), and revisions to Regulation 
III, chapter 113, Subchapter B, Lead Smelters in Dallas County, were 
submitted to EPA on July 16, 1984, by the Governor of Texas, as adopted 
by Texas Air Control Board on May 18, 1984. No action is taken on 
Regulation III, Sections 113.113 and 113.114.
    (56) Revisions to the Texas State Implementation Plan for lead for 
El Paso County, with revisions to Regulation III, Chapter 113, 
Subchapter B, Nonferrous Smelters in El Paso County, were submitted to 
EPA on June 20, 1984, by the Governor of Texas, as adopted by Texas Air 
Control Board on February 17, 1984. Also, letters providing additional 
information were submitted by Texas on June 11 and June 28, 1984. No 
action is taken on Regulation III, Sections 113.111 113.112. The date of 
compliance listed in Sec. 113.122 of February 28, 1989 (for section 
113.53) is disapproved. EPA is taking no action on the attainment date 
for El Paso County.
    (57)-(58) [Reserved]
    (59) Revisions to TACB Regulation VI and definitions in the General 
Rules as adopted on June 10, 1983 and submitted by the Governor on 
December 22, 1983, including a letter of clarification on their 
definitions submitted by the Texas Air Control Board on March 27, 1984.
    (60) The Alternative Emission Control Plan for the Exxon Baytown 
Refinery in Baytown, Texas was adopted by the Texas Air Control Board on 
March 18, 1983, in Board Order No. 83-2.
    (61) Revisions to the plan for attainment of the standard for Ozone 
in Harris County were submitted by the Governor on December 9, 1982, 
January 3, 1984, and March 18, 1985.
    (i) Revisions adopted on December 3, 1982, include the following 
changes to Regulation V and the general rules.

[[Page 871]]

New sections or subsections 115.105(7), 115.111(2)(b), 115.111(2)(c), 
115.111(2)(d), 115.163, 115.164, 115.193(c)(5), 115.193(c)(6), 115.271, 
115.272, 115.273, 115.274, 115.275, and 115.421 are added. Revisions to 
115.106(b), 115.106(c), 115.113, 115.141, 115.142, 115.161, 115.162, 
115.191(9)(a)(i), 115.251(a)(1), 115.252(a)(4), 115.252(b), 115.252(c), 
115.253(a), 115.254, 115.255(c), and 115.401(b) were made. Section 101.1 
of the general rules was revised to include definitions of new terms. 
The revisions also included the following commitments: emissions 
tracking, pages 87-88; projections of reasonable further progress, pages 
91 and 93; and emission reduction commitments for transportation control 
measures, Appendix V.
    (ii) Revisions adopted on September 9, 1983, include revisions to 
Regulation IV. New sections or subsections 114.1(e), 114.1(f), 114.3, 
and 114.5 are added.
    (iii) Revisions adopted on November 9, 1984 include the following:
    (A) Recordkeeping and record submittal requirements, pages 12-13,
    (B) Mechanics training program commitments, pages 17-18,
    (C) Public Awareness Plan commitments, pages 19-20,
    (D) Implementation Schedule, page 25(1-3),
    (E) Reasonable Further Progress Chart, Table 13, and
    (F) Department of Public Safety and Texas Air Control Board Rules 
and Regulations, Texas Vehicle Inspection Act Article XV, and 
Documentation to Authorize and Support the Implementation and 
Enforcement of the Texas Vehicle Parameter Inspection and Maintenance 
Program, Appendix X, containing the following documents:

--Senate Bill 1205
--Letters of commitment from Texas Department of Public Safety, City of 
Houston Police Department, and Harris County Sheriff
--Parameter Vehicle Emission Inspection and Maintenance Rules and 
Regulations for Official Vehicle Inspection Stations and Certified 
Inspectors, July 1, 1984
--Texas Motor Vehicle Laws, 1981-1982
--Rules and Regulations for Official Vehicle Inspection Stations and 
Certified Inspectors, November 11, 1983, Sections A, B, C pages C-1, C-
16, C-17, C-18, C-26, C-27, and C-28, D, and E pages E-1, E-6, E-7, E-8, 
and E-9.

    (62) Revision to the Texas State Implementation Plan for Good 
Engineering Practice--Stack Height regulations, Texas Air Control Board 
Regulation VI, Sec. 116.3(a)(14), as adopted by the Texas Air Control 
Board on July 17, 1987, were submitted by the Governor of Texas on 
October 26, 1987. This revision included definitions for owner or 
operator, emission limitation and emission standards, stack, a stack in 
existence, dispersion technique, good engineering practice, nearby, 
excessive concentration, and regulations related to stack height 
provisions and stack height procedures for new source review.
    (i) Incorporation by reference.
    (A) Texas Air Control Board Regulation VI, Sec. 116.3(a)(14), 
adopted by the Board on July 17, 1987.
    (ii) Other material--one.
    (63) Revisions to TACB Regulation VI and definitions in the General 
Rules were submitted by the Governor on December 13, 1985.
    (i) Incorporation by reference. December 13, 1985 letter from the 
Governor to EPA, and Revisions adopted on September 20, 1985, include 
the following changes to Regulation VI and the General Rules. Revisions 
to Sec. 116.11 were made, and Sec. 101.1 of the General Rules was 
revised to include an amendment to the term major facility/stationary 
source.
    (64) Board Order No. 85-2, an alternate emission reduction plan for 
the Continental Can Company, U.S.A. can coating plant in Longview, Texas 
was submitted by the Governor on July 25, 1985, as amendments to the 
Texas State Implementation Plan. The source is now subject to the 
legally enforceable requirements stated in Board Order No. 85-2 and in 
TACB Permit Number C-16765.
    (i) Incorporation by reference.
    (A) Texas Air Control Board Order No. 85-2 adopted on May 10, 1985, 
and TACB Permit Number C-16765 as revised November 21, 1986.
    (65) In a October 26, 1987, letter, the Governor of Texas submitted 
a revision to the Texas State Implementation Plan for Lead in El Paso 
County. These revisions to the control strategy are adequate to 
demonstrate attainment by August 14, 1987, of the National Ambient Air 
Quality Standards for lead in

[[Page 872]]

El Paso County by modeling. Enclosed in this letter were Texas Air 
Control Board (TACB) Board Order No. 87-14 as passed and approved on 
August 14, 1987; the revisions to Regulation III, Subchapter B as 
appended to the Board Order; and a certification of Public Hearing.
    (i) Incorporation by reference.
    (A) TACB Board Order No. 87-14, as adopted on August 14, 1987.
    (B) The March 23, 1988, letter and enclosures from TACB to EPA.
    (66) Revisions to the plan for attainment of the standard for ozone 
in Dallas and Tarrant Counties were submitted by the Governor on 
September 30, 1985 and December 21, 1987.
    (i) Incorporation by reference.
    (A) Revisions to the Texas Air Control Board Regulation IV, Section 
114.1 (c), (e), (f), 114.3, 114.5 (a), (b), (d), (e), (f), and (g) 
adopted July 26, 1985.
    (B) Vehicle Inspection and Maintenance and Transportation Control 
Measures (VIMTCM), Appendix AG, Emission Reduction Commitments for 
Transportation Control Measures in Post-1982 SIP Areas adopted by the 
Texas Air Control Board on August 28, 1985.
    (C) VIMTCM, Appendix AJ, Excerpted Senate Bill 725, section 35 (d) 
and (g) effective September 1, 1985; and House Bill 1593 sections 21 and 
22 effective June 18, 1987.
    (D) The following portions of VIMTCM, Appendix AK, Texas Vehicle 
Parameter Inspection and Maintenance Program adopted by the Texas Air 
Control Board on December 18, 1987.

1 Record keeping and Record submittal Requirements, pages 15-17
2 Quality Control, Audit and Surveillance Procedures, pages 17-18
3 Procedures to Assure that Noncomplying Vehicles are Not Operated on 
the Public Roads, pages 18-20
4 Mechanic Training Program, pages 21-23
5 A Public Awareness Plan, pages 23-25
6 Vehicle Maintenance Program (Anti-tampering), pages 25-27

    (E) VIMTCM, Appendix AM, Department of Public Safety Rules and 
Regulations Concerning Vehicle Inspection and Maintenance Programs, 
Sections 1, 2, and 3 adopted by the Texas Air Control Board on December 
18, 1987.
    (F) VIMTCM, Appendix AN, Local Government Letters of Commitment to 
Enforce Vehicle Inspection and Maintenance Programs adopted by the Texas 
Air Control Board on December 18, 1987.
    (67) Part II of the Visibility Protection Plan was submitted by the 
Governor on November 18, 1987. This submittal includes a visibility 
long-term strategy and general plan provisions as adopted by the Texas 
Air Control Board on September 18, 1987.
    (i) Incorporation by reference.
    (A) Revision entitled, ``State Implementation Plan Revisions for 
Visibility Protection in Class I Areas: Phase I, September 18, 1987'' 
(including Appendices A and B).
    (B) Texas Air Control Board Order No. 87-15, adopted September 18, 
1987.
    (ii) Additional material.
    (A) None.
    (68) [Reserved]
    (69) Revisions to the plan for attainment of the standard for ozone 
in Dallas and Tarrant Counties were submitted by the Governor on October 
11, 1985, December 21, 1987, and December 13, 1988. EPA is approving 
these stationary source VOC regulations and commitments under part A, 
section 110 of the Clean Air Act. However, these regulations do not 
represent RACT under part D, section 172 of the Clean Air Act for 
numerous reasons, including cross-line averaging and director's 
equivalency determinations without first being submitted to and approved 
by EPA as a SIP revision.
    (i) Incorporation by reference.
    (A) Revisions to Texas Air Control Board Regulation V (31 TAC 
chapter 115), Control of Air Pollution from Volatile Organic Compounds: 
Rules 115.111 introductory paragraph; 115.111(2)(E); 115.111(2)(F); 
115.113 introductory paragraph, 115.113 last entry in table; except El 
Paso County for Rules 115.131 introductory paragraph, 115.132(6), 
115.132(7), 115.135 introductory paragraph, and 115.135 second to last 
entry in table; 115.162 introductory paragraph only; 115.163(b)(2); 
115.163(b)(3); 115.164(b) first paragraph only; 115.164(b)(3); 
115.164(b)(4); 115.171(a); except El Paso County for Rule 115.171(b); 
115.175(f); 115.176(a); 115.176(c); 115.191(9)(A)(iii); 
115.191(9)(A)(iv); 115.191(9)(A)(v); 115.193(c)(3); 115.223; except El 
Paso

[[Page 873]]

County for Rules 115.261 undesignated heading, 115.261 introductory 
paragraph, 115.262(a), and 115.264; as adopted by the Texas Air Control 
Board on July 26, 1985. Rules 115.171(c); 115.171(d); 115.176(d); 
115.193(c) first paragraph only; 115.193(c)(1); 
115.193(c)(2);115.193(c)(6); 115.193(d) first paragraph only; 
115.193(e); 115.194; 115.201(b)(1); 115.202; 115.203(a); and 115.291 
through 115.294 and the corresponding undesignated heading; as adopted 
by the Texas Air Control Board on December 18, 1987. Rules 
115.111(4)(C); except El Paso County for Rule 115.111(5); 115.111(6); 
115.111(7); 115.113 last entry in table; 115.131(2); except El Paso 
County for Rule 115.131(3); 115.131(4); 115.131(5); 115.132 introductory 
paragraph only; 115.132(2); 115.134(3); 115.135 last entry in table; 
115.141(a); 115.141(b); 115.142(a) first paragraph; 115.142(b); 
115.143(a); 115.143(b); 115.143(c); 115.144; 115.162(3)(B); 115.163(a); 
115.163(c); 115.163(d); 115.164(b)(7); 115.171(e); 115.172(a) first 
paragraph only; 115.172(a)(1); 115.172(a)(3); 115.172(a)(4); 
115.172(a)(5)(A); 115.172(a)(6); 115.172(a)(7); 115.172(b) first 
paragraph only; 115.172(b)(1); 115.173(a) first paragraph only; 
115.173(a)(2); 115.173(a)(4)(A); 115.173(a)(4)(B); 115.173(a)(4)(E); 
115.173(a)(6); 115.173(b) first paragraph only; 115.173(b)(2); 
115.173(b)(4); 115.173(b)(5); 115.173(b)(10); 115.173(b)(11); 
115.173(c); 115.174(a) first paragraph only; 115.174(a)(1)(A); 
115.174(a)(1)(B); 115.174(a)(1)(C); 115.174(a)(7); 115.174(a)(8); 
115.174(a)(9); 115.174(b) first paragraph only; 115.174(b)(2); 
115.174(b)(4); 115.174(b)(5); 115.174(c); 115.175(e); 115.175(g); 
115.176(e); 115.191(a) first paragraph only; 115.191(a)(8)(A); 
115.191(a)(8)(B); 115.191(a)(8)(C); 115.191(a)(9)(C); 115.191(a)(11); 
115.191(b); 115.191(c); 115.192(a); 115.192(b); 115.192(c); 115.193(f); 
115.201(a); 115.201(b) first paragraph only; 115.201(b)(2) through 
115.201(b)(6); 115.201(c); 115.203(b); 115.221(a) first paragraph only; 
115.221(a)(4); and 115.221(b); as adopted by the Texas Air Control Board 
on October 14, 1988.
    (B) Revisions to the Texas Air Control Board General Rules (31 TAC 
chapter 101), rule 101.1, Definitions for: automobile refinishing; 
consumer-solvent products; as adopted by the Texas Air Control Board on 
December 18, 1987. Rule 101.1, Definitions for: architectural coating; 
automotive primer or primer surfacers (used in automobile refinishing); 
automotive wipe-down solutions; coating application system; delivery 
vessel/tank-truck tank; exempt solvent; flexographic printing process; 
non-flat architectural coating; packaging rotogravure printing; 
publication rotogravure printing; rotogravure printing; surface coating 
processes; transfer efficiency; and vapor balance system; as adopted by 
the Texas Air Control Board on October 14, 1988.
    (C) The following portions of the Post-1982 Ozone Control Strategies 
Dallas and Tarrant Counties Texas State Implementation Plan Revisions 
(TX82SIP), as adopted by the Texas Air Control Board on December 18, 
1987.
    (1)(d) Emissions Tracking, page 56 (last paragraph), 57, and 58.
    (2)(e) Regulation Review, pages 58-60.
    (3)(a) Emissions Reductions and Growth Unaffected by This Plan, page 
63 (first two full paragraphs).
    (4)(e) Transportation Control Measures, pages 67-68.
    (5)(4) Projection of Reasonable Further Progress (RFP), pages 71-72.
    (6)(5) Contengency Plan, page 72.
    (7)(a) Emissions Reductions and Growth Unaffected by This Plan, page 
75.
    (8)(e) Transportation Control Measures, pages 79-80.
    (9)(4) Projection of Reasonable Further Progress (RFP), pages 83-84.
    (10)(5) Contingency Plan, page 84.
    (D) TX82SIP, appendix AG, Emission Reduction Commitments for 
Transportation Control Measures in Post-1982 SIP Areas, as adopted by 
the Texas Air Control Board on December 18, 1987.
    (E) Texas Air Control Board Order No. 85-06, as adopted July 26, 
1985.
    (F) Texas Air Control Board Order No. 87-18, as adopted December 18, 
1987.
    (G) Texas Air Control Board Order No. 88-10, as adopted October 14, 
1988.
    (ii) Additional Material.
    (A) A letter dated September 25, 1989, from Allen Eli Bell, 
Executive Director, Texas Air Control Board to Robert E. Layton Jr., 
P.E., Regional Administrator, EPA Region 6.

[[Page 874]]

    (B) TX82SIP, (c) Additional Control Technique Guidelines (CTGs), 
pages 48-49.
    (C) TX82SIP, appendix AL, Transportation Control Measure Evaluation 
and Documentation of Highway Vehicle Data adopted by the Texas Air 
Control Board on December 18, 1987.
    (70) On March 12, 1982, the Governor of Texas submitted a request to 
revise the Texas SIP to include an Alternative Emission Reduction Plan 
for the E.I. Du Pont de Nemours & Company's Sabine River Works at 
Orange, Orange County, Texas. This Bubble uses credits obtained from the 
shutdown of sixteen methanol storage tanks and a methanol truck and 
railcar loading terminal in lieu of controls on one cyclohexane storage 
tank and two methanol storage tanks.
    (i) Incorporation by reference. (A) Texas Air Control Board Order 
No. 82-1, entitled ``E.I. Du Pont de Nemours and Company Incorporated'' 
passed and approved by the Board on January 8, 1982.
    (ii) Additional material. (A) Letter dated October 23, 1989, from 
the Director of the Texas Air Control Board (TACB) Technical Support and 
Regulation Development Program, giving assurances that the State has 
resources and plans necessary to strive toward attainment and 
maintenance of the National Ambient Air Quality Standard (NAAQS) for 
ozone taking into account the influence of this Bubble on air quality.
    (B) Letter dated May 31, 1988, from the Director of the TACB 
Technical Services Division, giving quantification of emissions and 
developmental information relative to volatile organic compound 
emissions from the storage and terminal facilities at the Du Pont plant.
    (C) Letter dated June 21, 1988, from the Director of the TACB 
Technical Services Division, giving the throughput basis for emission 
calculations for the tanks and discussing status of the equipment in the 
trade.
    (D) Record of Communication of a phone call from Bill Riddle, EPA 
Region 6 Emissions Trading Coordinator, to Clayton Smith and Wayne 
Burnop, Environmental Engineers for the TACB, dated November 7, 1989. 
TACB confirms that there has been no shifting demand for the bubble.
    (E) Record of Communication of a phone call from Mr. Bertie 
Fernando, TACB Environmental Engineer, to Bill Riddle, EPA Region 6 
Emissions Trading Coordinator, dated December 15, 1989. TACB gives the 
status of the equipment in the bubble as a follow up to the June 21, 
1988, letter mentioned in paragraph (c) of this section.
    (71) Revisions to section VIII of the Texas SIP entitled ``Texas Air 
Pollution Episode Contingency Plan'' as submitted by the Texas Air 
Control Board (TACB) in a letter dated October 2, 1987. Revisions to 
TACB Regulation VIII, 31 TAC Chapter 118, ``Emergency Episode 
Planning,'' as approved by TACB on July 16, 1987, and on April 14, 1989, 
and submitted by the Governor in letters dated October 26, 1987, and 
October 13, 1989, respectively.
    (i) Incorporation by reference.
    (A) Amended TACB Regulation VIII, 31 TAC chapter 118, Rules 
118.1(a), 118.1(b)(2), 118.1(c), 118.2, 118.3, 118.4, 118.5(d), 
118.5(e), 118.5(f) and 118.6 as approved on July 17, 1987, and the 
repeal of Rule 118.7 as approved by TACB on July 17, 1987.
    (B) Amended TACB Regulation VIII, 31 TAC chapter 118, Rules 
118.1(b), 118.1(b)(1), Table 1 of Rule 118.1, first paragraph of Rule 
118.5, and 118.5(1), 118.5(2), 118.5(3), as approved by TACB on April 
14, 1989.
    (C) TACB Order 87-10, approved July 17, 1987.
    (D) TACB Order 89-01, approved April 14, 1989.
    (E) Texas SIP section VIII ``Texas Air Pollution Episode Contingency 
Plan'' pages VIII-3 through VIII-14, VIII-A-2 through VIII-A-4, and 
VIII-B-2 through VIII-B-3.
    (ii) Additional material
    (A) Revisions to section VIII as submitted on October 2, 1987, from 
Eli Bell, superceding and deleting section VIII as approved by EPA on 
October 7, 1982, at 47 FR 44260 (Texas Air Pollution Emergency Episode 
Contingency Plan).
    (B) A letter dated February 10, 1989, from Steven Spaw, TACB, to 
William B. Hathaway, U.S. EPA.

[[Page 875]]

    (72) Revisions to the plan for attainment of the standard for ozone 
in Dallas and Tarrant counties were submitted by the Governor on March 
5, 1990 limiting the volatility of gasoline.
    (i) Incorporation by reference. (A) Revisions to the Texas Air 
Control Board Regulation V (31 TAC chapter 115), Control of Air 
Pollution from Volatile Organic Compounds, Rule 115.242-249 as adopted 
by the Texas Air Control Board on December 8, 1989.
    (B) Texas Air Control Board Order No. 89-13, as adopted December 8, 
1988.
    (73) Revisions for Prevention of Significant Deterioration (PSD) 
are: Regulation VI--Section 116.3(a)(13) as adopted by the Texas Air 
Control Board (TACB) on July 26, 1985 and as revised by the TACB on July 
17, 1987 and July 15, 1988 and submitted by the Governor on December 11, 
1985, October 26, 1987, and September 29, 1988, respectively; the PSD 
Supplement as adopted by the TACB on July 17, 1987 and submitted by the 
Governor on October 26, 1987; General Rules--Section 101.20(3) as 
adopted by the TACB on July 26, 1985 and submitted by the Governor on 
December 11, 1985; and the TACB commitment letters submitted by the 
Executive Director on September 5, 1989 and April 17, 1992. Approval of 
the PSD SIP is partially based on previously approved TACB regulations 
and State statutes.
    (i) Incorporation by reference.
    (A) Revisions to the TACB Regulation VI (31 TAC chapter 116)--
Control of Air Pollution by Permits for New Construction or 
Modification: Rule 116.3(a)(13) as adopted by the TACB on July 26, 1985 
and as revised by the TACB on July 17, 1987 and July 15, 1988.
    (B) Revision to TACB General Rules (31 TAC Chapter 101)--Rule 
101.20(3) as adopted by the TACB on July 26, 1985.
    (C) TACB Board Order No. 85-07, as adopted on July 26, 1985.
    (D) TACB Board Order No. 87-09, as adopted on July 17, 1987.
    (E) TACB Board Order No. 88-08, as adopted on July 15, 1988.
    (F) The following portions of the PSD Supplement, as adopted by the 
TACB on July 17, 1987: 1. (2) Initial Classification of areas in Texas, 
pages 1-2; 2. (3) Re-designation procedures, page 2; 3. (4) plan 
assessment, pages 2-3; 4. (6) Innovative Control Technology, page 3; and 
5. (7) Notification, (a) through (d), page 4.
    (ii) Additional material.
    (A) The PSD Supplement as adopted by the TACB on July 17, 1987.
    (B) A letter dated September 5, 1989, from the Executive Director of 
the TACB to the Regional Administrator of EPA Region 6.
    (C) A letter dated April 17, 1992, from the Executive Director of 
the TACB to the Division Director of Air, Pesticides and Toxics 
Division, EPA Region 6.
    (74) Revisions to Texas Air Control Board's volatile organic 
compound regulations were submitted by the Governor of Texas on July 16, 
1990.
    (i) Incorporation by reference
    (A) Revisions to Texas Air Control Board Regulation V (31 TAC 
Chapter 115) Control of Air Pollution from Volatile Organic Compounds, 
Subchapter E: Solvent-Using Processes, Surface Coating Processes, Sec. 
115.421 introductory paragraph, Sec. 115.421(8)(A), Sec. 115.425 
introductory paragraph, Sec. 115.425(3), Sec. 115.429 introductory 
paragraph, and Sec. 115.429(2)(E), as adopted by the Texas Air Control 
Board on June 22, 1990.
    (B) Texas Air Control Board Order No. 90-07 as adopted by the Texas 
Air Control Board on June 22, 1990.
    (ii) Additional material
    (A) Texas Air Control Board July 10, 1990, certification signed by 
Steve Spaw, P.E., Executive Director, Texas Air Control Board.
    (75) Revisions to the State Implementation Plan for particulate 
matter (PM10 Group III) General Rules (31 TAC Chapter 101), 
Sec. 101.1 Definitions for ``De minimis impact'', ``Particulate 
matter'', ``Particulate matter emissions'', ``PM10'', 
``PM10 emissions'', and ``Total suspended particulate'', as 
adopted on June 16, 1989, by the Texas Air Control Board (TACB), were 
submitted by the Governor on August 21, 1989.
    (i) Incorporation by reference.
    (A) General Rules (31 TAC Chapter 101), Section 101.1 Definitions 
for ``De minimis impact'', ``Particulate matter'', ``Particulate matter 
emissions'', ``PM10'', ``PM10 emissions'', and 
``Total suspended particulate'', as adopted on June 16, 1989, by the 
TACB.
    (ii) Additional material--None.

[[Page 876]]

    (76) A revision to the Texas State Implementation Plan (SIP) to 
include revisions to Texas Air Control Board (TACB) Regulation II, 31 
TAC Chapter 112. Control of Air Pollution from Sulfur Compounds, 
submitted by the Governor by cover letter dated October 15, 1992.
    (i) Incorporation by reference.
    (A) Revisions to Texas Air Control Board (TACB), Regulation II, 31 
TAC Chapter 112, Section 112.1, ``Definitions;'' Section 112.2, 
``Compliance, Reporting, and Recordkeeping;'' Section 112.3, ``Net 
Ground Level Concentrations;'' Section 112.4, ``Net Ground Level 
Concentration--Exemption Conditions;'' Section 112.5, ``Allowable 
Emission Rates--Sulfuric Acid Plant Burning Elemental Sulfur;'' Section 
112.6, ``Allowable Emission Rates--Sulfuric Acid Plant;'' Section 112.7, 
``Allowable Emission Rates--Sulfur Recovery Plant;'' Section 112.8, 
``Allowable Emission Rates From Solid Fossil Fuel-Fired Steam 
Generators,'' Subsections 112.8(a), except for the phrase ``Except as 
provided in subsection (b) of this section,'' 112.8(c), 112.8(d), 
112.8(e); Section 112.9, ``Allowable Emission Rates--Combustion of 
Liquid Fuel;'' Section 112.14, ``Allowable Emission Rates--Nonferrous 
Smelter Processes;'' Section 112.15, ``Temporary Fuel Shortage Plan 
Filing Requirements;'' Section 112.16, ``Temporary Fuel Shortage Plan 
Operating Requirements;'' Section 112.17, ``Temporary Fuel Shortage Plan 
Notification Procedures;'' Section 112.18, ``Temporary Fuel Shortage 
Plan Reporting Requirements;'' Section 112.19, ``Application for Area 
Control Plan;'' Section 112.20, ``Exemption Procedure;'' and Section 
112.21, ``Allowable Emission Rates Under Area Control Plan,'' as adopted 
by the TACB on September 18, 1992.
    (B) Texas Air Control Board Order No. 92-19, as adopted by the Texas 
Air Control Board on September 18, 1992.
    (ii) Additional material.
    (A) Texas Air Control Board certification letter dated October 1, 
1992, and signed by William R. Campbell, Executive Director, Texas Air 
Control Board.
    (B) Texas Air Control Board clarification letter dated July 5, 1993, 
from William R. Campbell, Executive Director, Texas Air Control Board, 
to A. Stanley Meiburg, Director, Air, Pesticides, and Toxics Division, 
EPA Region 6.
    (77) Revisions to Texas Air Control Board Regulation V (31 TAC 
Chapter 115), Control of Air Pollution from Volatile Organic Compounds, 
were submitted by the Governor on March 5, 1990, July 16, 1990, May 10, 
1991, and September 30, 1991.
    (i) Incorporation by reference.
    (A) Revisions to Texas Air Control Board Regulation V (31 TAC 
Chapter 115), Control of Air Pollution from Volatile Organic Compounds, 
as adopted by the Texas Air Control Board on December 8, 1989.
    (B) Revisions to Texas Air Control Board Regulation V (31 TAC 
Chapter 115), Control of Air Pollution from Volatile Organic Compounds, 
as adopted by the Texas Air Control Board on June 22, 1990: 
115.425(1)(D) and 115.425(1)(E).
    (C) Revisions to Texas Air Control Board Regulation V (31 TAC 
Chapter 115), Control of Air Pollution from Volatile Organic Compounds, 
as adopted by the Texas Air Control Board on May 10, 1991: 115.010--
Definitions for coating, coating line, leak, pounds of volatile organic 
compounds (VOC) per gallon of coating (minus water and exempt solvents), 
pounds of volatile organic compounds (VOC) per gallon of solids, 
printing line, volatile organic compound (VOC), 115.112(c), 115.114 
introductory paragraph, 115.114(3), 115.116(1), 115.116(3)(B) through 
115.116(3)(D), 115.119(a)(1), 115.119(a)(2), 115.122(a)(3), 
115.126(1)(B) through 115.126(1)(E), 115.129(a)(1), 115.129(a)(2), 
115.132(a)(4), 115.136, 115.139(a)(1), 115.139(a)(2), 115.212(a)(4), 
115.212(a)(5), 115.212(a)(6), 115.215(5), 115.216(2)(B) through 
115.216(2)(D), 115.219(a)(1) through 115.219(a)(3), 115.222(7) through 
115.222(9), 115.229(1), 115.229(2), 115.239, 115.315(2), 115.316(1)(A) 
through 115.316(1)(D), the repeal of 115.317, 115.319(1), 115.319(2), 
115.322(4), 115.324(1)(A), 115.324(1)(B), 115.324(2)(A) through 
115.324(2)(E), 115.325(2), 115.327(1) through 115.327(5), 115.329 
introductory paragraph, 115.329(1), 115.329(2) 115.332 introductory 
paragraph, 115.332(4), 115.334(1)(D),

[[Page 877]]

115.334(1)(E), 115.334(2), 115.335 introductory paragraph, 115.335(2), 
115.336 introductory paragraph, 115.337(1) through 115.337(5), 115.339, 
115.342(4), 115.344(1)(D), 115.344(1)(E), 115.344(2), 115.345(2), 
115.347(1) through 115.347(6), 115.349, 115.417(3) through 115.417(6), 
115.419(1) through 115.419(3), 115.421 introductory paragraph, 
115.421(1) through 115.421(8)(B) introductory paragraph, 115.421(8)(C) 
through 115.421(9)(A)(v), 115.421(9)(C), 115.422 introductory paragraph, 
115.422(1), 115.422(1)(A) through 115.422(1)(C), 115.422(2), 115.423(2) 
through 115.423(4), 115.424 introductory paragraph, 115.424(1) through 
115.424(3), 115.425(2), 115.425(3)(B)(i), 115.425(3)(B)(iii), 115.426 
introductory paragraph, 115.426(2), 115.426(2)(A)(ii) through 
115.426(2)(A)(iv), 115.426(3), 115.427(6), 115.427(6)(A), 115.427(6)(B), 
115.427(7), 115.429(1), 115.429(2)(A), 115.429(2)(B), 115.432 
introductory paragraph, 115.432(1), 115.432(1)(A) through 
115.432(1)(C)(iii), 115.432(2), 115.432(3), 115.435(5) through 
115.435(7), 115.436(3)(B) through 115.436(3)(D), 115.437(1), 115.437(2), 
115.439(1), 115.439(2), 115.512(3), 115.519, 115.532(5), 
115.536(2)(A)(ii) through 115.536(2)(A)(iv), 115.537(5), 115.537(6), 
115.539(1), 115.539(2).
    (D) Revisions to Texas Air Control Board Regulation V (31 TAC 
Chapter 115), Control of Air Pollution from Volatile Organic Compounds, 
as adopted by the Texas Air Control Board on September 20, 1991: 
115.010--Definitions for capture efficiency, capture system, carbon 
adsorber, carbon adsorption system, control device and control system, 
115.126(1), 115.129(a)(3), 115.136, 115.139(a)(2), 115.224(2), 
115.229(2), 115.422(2), 115.423(3), 115.425(4) through 
115.425(4)(C)(iii), 115.426(3), 115.426(4), 115.429(2)(C), 115.435 
introductory paragraph, 115.435(7) through 115.435(7)(C)(iii), 
115.435(8), 115.436(6), 115.439(2).
    (78) Revision to the Texas State Implementation Plan for Prevention 
of Significant Deterioration adopted by the Texas Air Control Board 
(TACB) on December 14, 1990, and submitted by the Governor on February 
18, 1991.
    (i) Incorporation by reference.
    (A) Revision to TACB Regulation VI (31 TAC Chapter 116)--Control of 
Air Pollution by Permits for New Construction or Modification: Section 
116.3(a)(13) as adopted by the TACB on December 14, 1990, and effective 
January 7, 1991.
    (B) TACB Board Order No. 90-13, as adopted on December 14, 1990.
    (79) A revision to the Texas SIP addressing moderate PM-10 
nonattainment area requirements for El Paso was submitted by the 
Governor of Texas by letter dated November 5, 1991. The SIP revision 
included, as per section 179B of the Clean Air Act, a modeling 
demonstration providing for timely attainment of thePM-10 National 
Ambient Air Quality Standards for El Paso but for emissions emanating 
from Mexico.
    (i) Incorporation by reference.
    (A) Revisions to Texas Air Control Board (TACB), Regulation I, 
Section 111.101, ``General Prohibition;'' Section 111.103, ``Exceptions 
to Prohibition of Outdoor Burning;'' Section 111.105, ``General 
Requirements for Allowable Outdoor Burning;'' Section 111.107, 
``Responsibility for Consequences of Outdoor Burning;'' Section 111.143, 
``Materials Handling;'' Section 111.145, ''Construction and 
Demolition,'' Subsections 111.145(1), 111.145(2); Section 111.147, 
``Roads, Streets, and Alleys,'' Subsections 111.147(1)(B), 
111.147(1)(C), 111.147(1)(D); and Section 111.149, ``Parking Lots,'' as 
adopted by the TACB on June 16, 1989.
    (B) TACB Order No. 89-03, as adopted by the TACB on June 16, 1989.
    (C) Revisions to TACB, Regulation I, Section 111.111, ``Requirements 
for Specified Sources,'' Subsection 111.111(c); Section 111.141, 
``Geographic Areas of Application and Date of Compliance;'' Section 
111.145, ``Construction and Demolition,'' Subsections 111.145(first 
paragraph), 111.145(3); and Section 111.147, ``Roads, Streets, and 
Alleys,'' Subsections 111.147(first paragraph), 111.147(1)(first 
paragraph), 111.147(1)(A), 111.147(1)(E), 111.147(1)(F), and 111.147(2), 
as adopted by the TACB on October 25, 1991.
    (D) TACB Order No. 91-15, as adopted by the TACB on October 25, 
1991.
    (E) City of El Paso, Texas, ordinance, Title 9 (Health and Safety), 
Chapter 9.38 (Woodburning), Section 9.38.010, ``Definitions;'' Section 
9.38.020, ``No-

[[Page 878]]

Burn Periods;'' Section 9.38.030, ``Notice Required;'' Section 9.38.040, 
``Exemptions;'' Section 9.38.050, ``Rebuttable Presumption;'' and 
Section 9.38.060, ``Violation Penalty,'' as adopted by the City Council 
of the City of El Paso on December 11, 1990.
    (ii) Additional material.
    (A) November 5, 1991, narrative plan addressing the El Paso moderate 
PM-10 nonattainment area, including emission inventory, modeling 
analyses, and control measures.
    (B) A Memorandum of Understanding between the TACB and the City of 
El Paso defining the actions required and the responsibilities of each 
party pursuant to the revisions to the Texas PM-10 SIP for El Paso, 
passed and approved on November 5, 1991.
    (C) TACB certification letter dated July 27, 1989, and signed by 
Allen Eli Bell, Executive Director, TACB.
    (D) TACB certification letter dated October 28, 1991, and signed by 
Steve Spaw, Executive Director, TACB.
    (E) El Paso PM-10 SIP narrative from pages 91-92 that reads as 
follows: ``* * * provided that adequate information becomes available, a 
contingency plan will be developed in conjunction with future El Paso 
PM-10 SIP revisions. It is anticipated that EPA, TACB, the City of El 
Paso, and SEDUE will continue a cooperative effort to study the PM-10 
air quality in the El Paso/Juarez air basin. Based on the availability 
of enhanced emissions and monitoring data, as well as more sophisticated 
modeling techniques (e.g., Urban Airshed Model), future studies will 
attempt to better define the relative contributions of El Paso and 
Juarez to the PM-10 problem in the basin. At that time, a contingency 
plan can more appropriately be developed in a cooperative effort with 
Mexico.''
    (80) A revision to the Texas State Implementation Plan to adopt an 
alternate control strategy for the surface coating processes at Lockheed 
Corporation of Fort Worth.
    (i) Incorporation by reference.
    (A) Texas Air Control Board Order Number 93-13 issued and effective 
June 18, 1993, for Lockheed Corporation, Fort Worth approving an 
Alternate Reasonably Available Control Technology (ARACT). A letter from 
the Governor of Texas dated August 19, 1993, submitting to the EPA the 
ARACT demonstration.
    (ii) Additional material-the document prepared by GD titled ``The 
Proposed Alternate Reasonably Available Control Technology Determination 
for U.S. Air Force Plant Number Four and Ancillary Facilities of General 
Dynamics'' dated September 16, 1991.
    (81) A revision to the Texas SIP to include revisions to Texas 
Regulation V, 31 TAC Sec. Sec. 115.241-115.249-Control of Vehicle 
Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing 
Facilities adopted by the State on October 16, 1992, effective November 
16, 1992, and submitted by the Governor by cover letter dated November 
13, 1992.
    (i) Incorporation by reference.
    (A) Revisions to Texas Regulation V, 31 TAC Sec. Sec. 115.241-
115.249-Control of Vehicle Refueling Emissions (Stage II) at Motor 
Vehicle Fuel Dispensing Facilities, effective November 16, 1992.
    (B) Texas Air Control Board Order No. 92-16, as adopted October 16, 
1992.
    (ii) Additional materials.
    (A) September 30, 1992, narrative plan addressing: general 
requirements, definitions, determination of regulated universe, 
certification of approved vapor recovery systems, training, public 
information, recordkeeping, requirements for equipment installation and 
testing, annual in-use above ground inspections, program penalties, 
resources, and benefits.
    (82) A revision to the Texas SIP to include a new Texas Natural 
Resource Conservation Commission, Part III, Chapter 101, General Rules, 
section 101.10, Emission Inventory Requirements. In a concurrent action, 
the TNRCC repealed the existing section 101.10 concerning filing of 
emissions data. The new rule and the repealing of the old rule was 
submitted to the EPA on October 15, 1992, by the Governor, as a proposed 
revision to the SIP.
    (i) Incorporation by reference.
    (A) TNRCC, Part III, Chapter 101, General Rules, section 101.10, 
Emission Inventory Requirements, as adopted by the TNRCC on August 20, 
1992.
    (B) TNRCC Order No. 92-20, as adopted by the TNRCC on August 20, 
1992.
    (ii) Additional material.

[[Page 879]]

    (A) TNRCC certification letter dated October 8, 1992, and signed by 
William R. Campbell, Executive Director, TNRCC.
    (83) A revision to the Texas SIP to include an alternate particulate 
control plan for certain unpaved industrial roadways at the ASARCO 
copper smelter in El Paso, submitted by the Governor by cover letter 
dated March 30, 1994.
    (i) Incorporation by reference.
    (A) Texas Natural Resource Conservation Commission Order No. 94-01, 
as adopted by the Texas Natural Resource Conservation Commission on 
March 9, 1994.
    (B) TNRCC Attachment 3 containing the Texas Air Control Board permit 
number 20345 for the ASARCO primary copper smelter in El Paso, Texas, 
issued May 11, 1992.
    (C) TNRCC Attachment 4 containing the June 8, 1993, letter from Mr. 
Troy W. Dalton, Texas Air Control Board (TACB), to Mr. Thomas Diggs, 
U.S. EPA Region 6, addressing the ASARCO Inc. (El Paso) waiver request 
from TACB Regulation I, Section 111.147(1)(A), including the enclosure 
entitled ``Waiver Provisions to Texas Air Control Board Regulation 
111.147(1)(A) for ASARCO, Incorporated, El Paso Account No. EE-0007-G.''
    (ii) Additional material.
    (A) March 9, 1994, SIP narrative addressing the alternate 
particulate control plan (in lieu of paving) for certain unpaved 
industrial roadways at the ASARCO copper smelter in El Paso.
    (84) A revision to the Texas SIP for the El Paso moderate carbon 
monoxide nonattainment area which has a design value less than 12.7 
parts per million was submitted by the Governor of Texas to meet the 
November 15, 1992, CAA deadline. The elements in this incorporation 
include the general SIP revision and the oxygenated fuels regulations 
submitted to the EPA on October 23, 1992, and the completed emissions 
inventory submitted to the EPA on November 17, 1992.
    (i) Incorporation by reference.
    (A) Addition of a new Section 114.13, ``Oxygenated Fuels'' to the 
Texas Air Control Board (TACB), Regulation IV.
    (B) TACB Board Order Number 92-15, as adopted by the TACB on 
September 18, 1992.
    (C) SIP narrative plan entitled ``Revisions to the State 
Implementation Plan (SIP) for Carbon Monoxide (CO), 1992 CO SIP for 
Moderate Area--El Paso,'' adopted by the Texas Air Control Board 
September 18, 1992, addressing: 3. 1992 CO SIP Revisions for Moderate 
Area El Paso (new.) e. Attainment Demonstration, pages 9-10; f. 
Oxygenated Fuels 3) Administrative Requirements, page 13, b) Clerical 
Reviews, page 15, c) Field Inspections, page 15; and e) enforcement (i)-
(iv), pages 17-19.
    (ii) Additional material.
    (A) SIP narrative plan entitled ``Revisions to the State 
Implementation Plan (SIP) for Carbon Monoxide (CO), 1992 CO SIP for 
Moderate Area--El Paso,'' adopted by the Texas Air Control Board 
September 18, 1992.
    (B) Governor of Texas submittal of November 13, 1992, regarding the 
El Paso CO emissions inventory.
    (C) The TACB certification letter dated October 1, 1992, and signed 
by William R. Campbell, Executive Director, TACB.
    (85) The State is required to implement a Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program 
(PROGRAM) as specified in the plan revision submitted by the Governor on 
November 13, 1992. This plan submittal, as adopted by the Texas Air 
Control Board (TACB) on November 6, 1992, was developed in accordance 
with section 507 of the Clean Air Act (CAA).
    (i) Incorporation by reference.
    (A) Texas Clean Air Act (TCAA), TEXAS HEALTH AND SAFETY CODE ANN. 
(Vernon 1992), Sec. 382.0365, ``Small Business Stationary Source 
Assistance Program'', enacted by the Texas 1991 legislative session and 
effective September 1, 1991. Included in TCAA, Sec. 382.0365, are 
provisions establishing a small business assistance program (SBAP), an 
Ombudsman, and a Compliance Advisory Panel (CAP); establishing 
membership of the CAP; and addressing the responsibilities and duties of 
the SBAP, Ombudsman, and the CAP.

[[Page 880]]

    (B) TACB Order No. 92-22, as adopted by the TACB on November 6, 
1992.
    (C) Appendix C, ``Schedule of Implementation'', appended to the 
narrative SIP Revision entitled, ``Revisions to the State Implementation 
Plan for the Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program, Texas Air Control Board; 
November 1992''.
    (ii) Additional material.
    (A) Narrative SIP Revision entitled, ``Revisions to the State 
Implementation Plan for the Small Business Stationary Source Technical 
and Environmental Compliance Assistance Program, Texas Air Control 
Board; November 1992''.
    (B) TACB certification letter dated November 10, 1992, and signed by 
William R. Campbell, Executive Director, TACB.
    (C) Legal opinion letter dated October 15, 1992 from Kirk P. Watson, 
Chairman, TACB, to Mr. B.J. Wynne, III, Regional Administrator, EPA 
Region 6, regarding the composition of the Small Business Compliance 
Advisory Panel for Texas.
    (86) [Reserved]
    (87) A revision to the Texas SIP to include revisions to Texas 
Regulation IV, 31 TAC Sec. 114.3--Vehicle Emissions Inspection and 
Maintenance Program, adopted by the State on November 10, 1993, and 
February 16, 1994, regulations effective December 8, 1993, and revisions 
to Texas Department of Transportation, Chapter 17. Vehicle Titles and 
Registration--Vehicle Emissions Verification System, 43 TAC Sec. 17.80, 
adopted by the State on October 28, 1993, effective November 22, 1993, 
and submitted by the Governor by cover letters dated November 12, 1993 
and March 9, 1994.
    (i) Incorporation by reference.
    (A) House Bill 1969 an act relating to motor vehicle registration, 
inspections and providing penalties amending:
    (1) Sections 382.037 and 382.038 of the Texas Health and Safety 
Code;
    (2) Section 2 Chapter 88, General Laws, Acts of the 41st 
Legislature, 2nd Called Session, 1929 (Article 6675a-2, Vernon's Texas 
Civil Statutes);
    (3) Title 116, Articles 6675b-4, 6675b-4A, and 6675b-4B;
    (4) Section 141(d), and section 142(h), Uniform Act Regulating 
Traffic on Highways (Article 6701d, Vernon's Civil Statutes);
    (5) Section 4.202, County Road and Bridge Act (Article 6702-1, 
Vernon's Texas Civil Statutes) signed by the Governor on June 8, 1993, 
and effective August 30, 1993.
    (B) Texas Health and Safety Code (Vernon 1990), the Texas Clean Air 
Act, sections 382.017, 382.037, 382.038, and 382.039 effective September 
1, 1991.
    (C) Revisions to Texas Regulation IV, 31 TAC Sec. 114.3--Vehicle 
Emissions Inspection and Maintenance Program, effective December 8, 
1993.
    (D) Order No. 93-23, as adopted November 10, 1993, and Order No. 94-
02 as adopted February 16, 1994.
    (E) Texas Civil Statutes, Articles 6675a-1 to 6675b-2 and 6687-1. 
(Vernon 1993).
    (F) Revisions to Texas Department of Transportation, Chapter 17. 
Vehicle Titles and Registration--Vehicle Emissions Verification System, 
43 TAC Sec. 17.80, effective November 22, 1993.
    (ii) Additional materials.
    (A) SIP narrative plan entitled ``Revisions to the State 
Implementation Plan (SIP) for the Control of Ozone Air Pollution--
Inspection/Maintenance SIP for Dallas/Fort Worth, El Paso, Beaumont/Port 
Arthur, and Houston/Galveston Ozone Nonattainment Areas,'' submitted to 
the EPA on November 12, 1993, and on March 9, 1994 addressing by 
section: 8(a)(1) Applicability, 8(a)(2) Adequate Tools and Resources, 
8(a)(3)

I/M Performance Standards, 8(a)(4) Network Type and Program Evaluation, 
8(a)(5) Test Frequency and Convenience, 8(a)(6) Vehicle coverage, 
8(a)(7) Test Procedures and Standards and Test Equipment, 8(a)(8) 
Quality Control, 8(a)(9) Quality Assurance, 8(a)(10) Waivers and 
Compliance Via Diagnostic Inspection, 8(a)(11) Motorist Compliance 
Enforcement, 8(a)(12) Motorist Compliance Enforcement Program Oversight, 
8(a)(13) Enforcement Against Contractors, Stations and Inspectors, 
8(a)(14) Compliance with Recall Notices, 8(a)(15) Data Collection, 
8(a)(16) Data Analysis and Reporting,

[[Page 881]]

8(a)(17) Inspector Training and Licensing or Certification, 8(a)(18) 
Public Information, 8(a)(19) Consumer Protection Provisions, 8(a)(20) 
Improving Repair Effectiveness, 8(a)(21) On-Road Testing, 8(a)(22) State 
Implementation Plan Submission and Appendices.
    (B) Letter dated May 4, 1994, from John Hall, Chairman of the Texas 
Natural Resource Conservation Commission to the EPA, clarifying the 
State's intent regarding its Executive Director's exemption policy and 
repair effectiveness program.
    (88) Revisions to the Texas State Implementation Plan, submitted to 
EPA on June 8 and November 13, 1992, respectively. These revisions adopt 
expansion of applicability for Reasonably Available Control Technology 
(RACT) rules for volatile organic compounds (VOCs) to ensure that all 
major VOC sources are covered by RACT, to revise the major source 
definition, and to revise certain monitoring, recordkeeping, and 
reporting requirements for Victoria County, Texas.
    (i) Incorporation by reference.
    (A) Texas Air Control Board Order No. 92-04, as adopted on May 8, 
1992.
    (B) Revisions to the General Rules, as adopted by the Board on May 
8, 1992, section 101.1--New definitions for capture efficiency, capture 
system, carbon adsorber, carbon adsorption system, coating, coating 
line, control device, control system, pounds of volatile organic 
compounds (VOC) per gallon of coating (minus water and exempt solvents), 
pounds of volatile organic compounds (VOC) per gallon of solids, 
printing line; revised definitions for component, exempt solvent, leak, 
vapor recovery system, volatile organic compound (VOC).
    (C) Revisions to Regulation V, as adopted by the Board on May 8, 
1992, sections 115.010 (Definitions)--Beaumont/Port Arthur area, Dallas/
Fort Worth area, El Paso area, Houston/Galveston area; revised 
definition for delivery vessel/tank truck tank; 115.112(a), 
115.112(a)(3), 115.112(b)(1), 115.112(b)(2), 115.112(b)(2)(A) through 
115.112(b)(2)(D), 115.112(b)(2)(E), 115.112(b)(2)(F), 115.112(c), 
115.112(c)(3)(A), 115.112(c)(3)(B), 115.113(a) through 115.113(c), 
115.114(a), 115.114(b), 115.114(b)(1), 115.114(b)(2), 115.115(a), 
115.115(b), 115.115(b)(1) through 115.115(b)(8), 115.116(a), 
115.116(a)(4), 115.116(b), 115.116(b)(1) through 115.116(b)(4), 
115.117(a), 115.117(b), 115.117(b)(1) through 115.117(b)(6), 
115.117(b)(6)(A) through 115.117(b)(6)(C), 115.117(b)(7), 
115.117(b)(7)(A) through 115.117(b)(7)(C), 115.117(c), 115.117(c)(1) 
through 115.117(c)(4), 115.119 introductory paragraph, 115.121(a), 
115.121(a)(1), 115.121(a)(1)(C), 115.121(a)(2), 115.121(a)(3), 
115.121(b), 115.121(b)(1) through 115.121(b)(3), 115.121(c), 
115.121(c)(1), 115.121(c)(2) through 115.121(c)(4), 115.122(a), 
115.122(b), 115.122(c), 115.122(c)(1) through 115.122(c)(4), 115.123(a) 
through 115.123(c), 115.125(a), 115.125(a)(2), 115.125(b), 115.125(b)(1) 
through 115.125(b)(7), 115.126 introductory paragraph, 115.127(a), 
115.127(a)(2), 115.127(a)(3), 115.127(a)(3)(B), 115.127(a)(3)(C), 
115.127(a)(4), 115.127(a)(4)(C), 115.127(b), 115.127(b)(1), 
115.127(b)(2), 115.127(b)(2)(A) through 115.127(b)(2)(B), 115.127(c), 
115.127(c)(1), 115.127(c)(2), 115.127(c)(2)(A) through 115.127(c)(2)(C), 
115.129 introductory paragraph, 115.129(1) through 115.129(3), 
115.131(a), 115.131(a)(2) through 115.131(a)(4), 115.131(b) through 
115.131(c), 115.132(a), 115.132(b), 115.132(b)(1) through 115.132(b)(3), 
115.132(c), 115.132(c)(3), 115.133(a) through 115.133(c), 115.135(a), 
115.135(b), 115.135(b)(1) through 115.135(b)(6), 115.136(a), 
115.136(a)(1), 115.136(a)(2), 115.136(a)(2)(A) through 115.136(a)(2)(D), 
115.136(a)(3), 115.136(a)(4), 115.136(b), 115.137(a), 115.137(a)(1) 
through 115.137(a)(4), 115.137(b), 115.137(b)(1) through 115.137(b)(4), 
115.137(c), 115.137(c)(1) through 115.137(c)(3), 115.139 introductory 
paragraph, 115.139(1), 115.139(2), 115.211 introductory paragraph, 
115.211(1)(A), 115.211(1)(B), 115.211(2), 115.212(a), 115.212(a)(4), 
115.212(a)(5), 115.212(b), 115.212(b)(1), 115.212(b)(2), 
115.212(b)(2)(A), 115.212(b)(2)(B), 115.212(b)(3), 115.212(b)(3)(A) 
through 115.212(b)(3)(C), 115.212(c), 115.212(c)(1), 115.213(a) through 
115.213(c), 115.214(a), 115.214(a)(3), 115.214(a)(4), 115.214(b), 
115.214(b)(1), 115.214(b)(2), 115.215(a), 115.215(b), 115.215(b)(1) 
through 115.215(b)(8), 115.216 introductory paragraph, 115.216(4), 
115.217(a), 115.217(a)(2)

[[Page 882]]

through 115.217(a)(4), 115.217(b), 115.217(b)(1) through 115.217(b)(3), 
115.217(c), 115.217(c)(3), 115.219 introductory paragraph, 115.219(1) 
through 115.219(6), 115.221 introductory paragraph, 115.222 introductory 
paragraph, 115.222(6), 115.223 introductory paragraph, 115.224 
introductory paragraph, 115.224(2), 115.225 introductory paragraph, 
115.226 introductory paragraph, 115.227 introductory paragraph, 115.229 
introductory paragraph, 115.234 introductory paragraph, 115.235 
introductory paragraph, 115.236 introductory paragraph, 115.239 
introductory paragraph, 115.311(a), 115.311(a)(1), 115.311(a)(2), 
115.311(b), 115.311(b)(1), 115.311(b)(2), 115.312(a), 115.312(a)(2), 
115.312(b), 115.312(b)(1), 115.312(b)(1)(A), 115.312(b)(1)(B), 
115.312(b)(2), 115.313(a) through 115.313(b), 115.315(a), 115.315(b), 
115.315(b)(1) through 115.315(b)(7), 115.316 introductory paragraph, 
115.316(1), 115.316(2), 115.316(3), 115.317 introductory paragraph, 
115.319 introductory paragraph, 115.319(1), 115.319(2), 115.322(a), 
115.322(b), 115.322(b)(1) through 115.322(b)(5), 115.323(a), 
115.323(a)(2), 115.323(b), 115.323(b)(1), 115.323(b)(2), 115.324(a), 
115.324(a)(4), 115.324(b), 115.324(b)(1), 115.324(b)(1)(A) through 
115.324(b)(1)(D), 115.324(b)(2), 115.324(b)(2)(A) through 
115.324(b)(2)(C), 115.324(b)(3) through 115.324(b)(8), 115.324(b)(8)(A), 
115.324(b)(8)(A)(i), 115.324(b)(8)(A)(ii), 115.324(b)(8)(B), 115.325(a), 
115.325(b), 115.325(b)(1) through 115.325(b)(3), 115.326(a), 
115.326(a)(2), 115.326(b), 115.326(b)(1), 115.326(b)(2), 
115.326(b)(2)(A) through 115.326(b)(2)(I), 115.326(b)(3), 115.326(b)(4), 
115.327(a), 115.327(a)(2), 115.327(a)(4), 115.327(a)(5), 115.327(b), 
115.327(b)(1), 115.327(b)(1)(A) through 115.327(b)(1)(C), 115.327(b)(2) 
through 115.327(b)(6), 115.329 introductory paragraph, 115.332 
introductory paragraph, 115.333 introductory paragraph, 115.334 
introductory paragraph, 115.334(3), 115.334(3)(A), 115.335 introductory 
paragraph, 115.336 introductory paragraph, 115.337 introductory 
paragraph, 115.337(2) through 115.337(4), 115.337(4)(E), 115.339 
introductory paragraph, 115.342 introductory paragraph, 115.343 
introductory paragraph, 115.344 introductory paragraph, 115.345 
introductory paragraph, 115.346 introductory paragraph, 115.347 
introductory paragraph, 115.347(3), 115.349 introductory paragraph, 
115.412(a), 115.412(a)(1)(F)(iv), 115.412(a)(3)(I), 
115.412(a)(3)(I)(viii), 115.412(b), 115.412(b)(1), 115.412(b)(1)(A), 
115.412(b)(1)(A)(i) through 115.412(b)(1)(A)(iii), 115.412(b)(1)(B) 
through 115.412(b)(1)(F), 115.412(b)(1)(F)(i) through 
115.412(b)(1)(F)(iv), 115.412(b)(2), 115.412(b)(2)(A), 115.412(b)(2)(B), 
115.412(b)(2)(B)(i) through 115.412(b)(2)(B)(iii), 115.412(b)(2)(C), 
115.412(b)(2)(D), 115.412(b)(2)(D)(i) through 115.412(b)(2)(D)(iv), 
115.412(b)(2)(E), 115.412(b)(2)(F), 115.412(b)(2)(F)(i) through 
115.412(b)(2)(F)(xiii), 115.412(b)(3), 115.412(b)(3)(A), 
115.412(b)(3)(A)(i), 115.412(b)(3)(A)(ii), 115.412(b)(3)(B) through 
115.412(b)(3)(I), 115.412(b)(3)(I)(i) through 115.412(b)(3)(I)(viii), 
115.413(a), 115.413(a)(1), 115.413(a)(2), 115.413(b), 115.413(b)(1), 
115.413(b)(2), 115.415(a), 115.415(a)(1), 115.415(a)(2), 115.415(b), 
115.415(b)(1), 115.415(b)(1)(A), 115.415(b)(1)(B), 115.415(b)(2), 
115.415(b)(2)(A) through 115.415(b)(2)(E), 115.416(a), 115.416(b), 
115.416(b)(1), 115.416(b)(2), 115.417(a), 115.417(a)(1) through 
115.417(a)(6), 115.417(b), 115.417(b)(1) through 115.417(b)(6), 
115.419(a) through 115.419(b), 115.421(a), 115.421(a)(8), 
115.421(a)(8)(A), 115.421(a)(8)(B), 115.421(a)(8)(C), 115.421(a)(9), 
115.421(a)(9)(v), 115.421(a)(11), 115.421(b), 115.421(b)(1) through 
115.421(b)(9), 115.421(b)(9)(A), 115.421(b)(9)(A)(i) through 
115.421(b)(9)(A)(iv), 115.421(b)(9)(B), 115.421(b)(9)(C), 
115.421(b)(10), 115.422(a), 115.422(a)(1), 115.422(a)(2), 115.423(a), 
115.423(a)(3), 115.423(a)(4), 115.423(b), 115.423(b)(1) through 
115.423(b)(4), 115.424(a), 115.424(a)(1) through 115.424(a)(3), 
115.424(a)(2), 115.424(b), 115.424(b)(1), 115.424(b)(2), 115.425(a), 
115.425(a)(1), 115.425(a)(2), 115.425(a)(3), 115.425(a)(3)(B), 
115.425(a)(4)(C)(ii), 115.425(b), 115.424(b)(1), 115.424(b)(1)(A) 
through 115.425(b)(1)(E), 115.425(b)(2), 115.424(b)(2)(A) through 
115.425(b)(2)(E), 115.426(a), 115.426(a)(1), 115.426(a)(1)(C), 
115.426(a)(2), 115.426(a)(2)(B), 115.426(a)(3), 115.426(a)(4), 
115.426(b), 115.426(b)(1), 115.426(b)(1)(A) through 115.426(b)(1)(D), 
115.426(b)(2), 115.426(b)(2)(A), 115.426(b)(2)(A)(i) through 
115.426(b)(2)(A)(iv), 115.426(b)(2)(B), 115.426(b)(2)(C),

[[Page 883]]

115.426(b)(3), 115.427(a), 115.427(a)(1), 115.427(a)(2), 
115.427(a)(2)(A), 115.427(a)(2)(B), 115.427(a)(3), 115.427(a)(4), 
115.427(a)(5), 115.427(a)(5)(A), 115.427(a)(5)(B), 115.426(a)(6), 
115.427(b), 115.427(b)(1), 115.427(b)(2), 115.427(b)(2)(A) through 
115.427(b)(2)(E), 115.427(b)(3), 115.427(b)(3)(A) through 
115.427(b)(3)(C), 115.429(a) through 115.429(c), 115.432(a), 
115.432(a)(2), 115.432(a)(3), 115.432(b), 115.432(b)(1) through 
115.432(b)(3), 115.432(b)(3)(A) through 115.432(b)(3)(C), 115.433(a), 
115.433(b), 115.435(a), 115.435(a)(6), 115.435(a)(7), 
115.435(a)(7)(C)(ii), 115.435(a)(8), 115.435(b), 115.435(b)(1) through 
115.435(b)(7), 115.436(a), 115.436(a)(1), 115.436(a)(2), 114.436(a)(4) 
through 115.436(a)(6), 115.436(b), 115.436(b)(1) through 115.436(b)(3), 
115.436(b)(3)(A) through 115.436(b)(3)(C), 115.436(b)(4), 115.436(b)(5), 
115.437(a), 115.437(a)(1) through 115.437(a)(4), 115.437(b), 115.439(a) 
through 115.439(c), 115.512 introductory paragraph, 115.512 (1) through 
115.512(3), 115.513 introductory paragraph, 115.515 introductory 
paragraph, 115.516 introductory paragraph, 115.517 introductory 
paragraph, 115.519(a) through 115.519(b), 115.531(a), 115.531(a)(2), 
115.531(a)(3), 115.531(b), 115.531(b)(1) through 115.531(b)(3), 
115.532(a), 115.532(a)(4), 115.532(a)(5), 115.532(b), 115.532(b)(1)(A), 
115.532(b)(1)(B), 115.532(b)(2), 115.532(b)(3), 115.532(b)(3)(A), 
115.532(b)(3)(B), 115.532(b)(4), 115.533(a), 115.533(b), 115.534(a), 
115.534(b), 115.534(b)(1), 115.534(b)(2), 115.535(a), 115.535(b), 
115.535(b)(1) through 115.535(b)(6), 115.536(a), 115.536(a)(1), 
115.536(a)(2), 115.536(a)(3), 115.536(a)(4), 115.536(b), 115.536(b)(1), 
115.536(b)(2), 115.536(b)(2)(A), 115.536(b)(2)(A)(i) through 
115.536(b)(2)(A)(iii), 115.536(b)(2)(B), 115.536(b)(3), 
115.536(b)(3)(A), 115.536(b)(3)(B), 115.536(b)(4), 115.536(b)(5), 
115.537(a), 115.537(a)(1) through 115.537(a)(7), 115.537(b), 
115.537(b)(1) through 115.537(b)(5), 115.539(a), 115.539(b), 115.612 
introductory paragraph, 115.613 introductory paragraph, 115.614 
introductory paragraph, 115.615 introductory paragraph, 115.615(1), 
115.617 introductory paragraph, 115.617(1), 115.619 introductory 
paragraph.
    (D) Texas Air Control Board Order No. 92-16, as adopted on October 
16, 1992.
    (E) Revisions to the General Rules, as adopted by the Board on 
October 16, section 101.1: Introductory paragraph, new definition for 
extreme performance coating; revised definitions for gasoline bulk 
plant, paragraph vii of miscellaneous metal parts and products coating, 
mirror backing coating, volatile organic compound.
    (F) Revisions to Regulation V, as adopted by the Board on October 
16, 1992, sections 115.010--new definition for extreme performance 
coating; revised definitions for gasoline bulk plant, paragraph vii of 
miscellaneous metal parts and products coating, mirror backing coating, 
and volatile organic compound; 115.116 title (Monitoring and 
Recordkeeping Requirements), 115.116(a)(2), 115.116(a)(3), 
115.116(a)(3)(A) through 115.116(a)(3)(C), 115.116(a)(5), 115.116(b)(2), 
115.116(b)(3), 115.116(b)(3)(A) through 115.116(b)(3)(D), 115.116(b)(4), 
115.116(b)(5), 115.119(a), 115.119(b), 115.126 title (Monitoring and 
Recordkeeping Requirements), 115.126(a), 115.126(a)(1)(A), 
115.126(a)(1)(C), 115.126(a)(1)(E), 115.126(b), 115.126(b)(1), 
115.126(b)(1)(A) through 115.126(b)(1)(E), 115.126(b)(2), 
115.126(b)(2)(A) through 115.126(b)(2)(D), 115.126(b)(3), 
115.126(b)(3)(A), 115.126(b)(3)(B), 115.127(a)(4)(A) through 
115.127(a)(4)(C), 115.129(a), 115.129(a)(1), 115.129(b), 115.136 title 
(Monitoring and Recordkeeping Requirements), 115.136(a)(4), 115.136(b), 
115.136(b)(1), 115.136(b)(2), 115.136(b)(2)(A) through 115.136(b)(2)(D), 
115.136(b)(3), 115.136(b)(4), 115.139(a), 115.139(b), 115.211(a), 
115.211(b), 115.215(a), 115.215(b), 115.216 title (Monitoring and 
Recordkeeping Requirements), 115.216(a), 115.216(a)(2)(A) through 
115.216(a)(2)(C), 115.216(a)(5), 115.216(b), 115.216(b)(1), 
115.216(b)(2), 115.216(b)(2)(A) through 115.216(b)(2)(D), 115.216(b)(3), 
115.216(b)(3)(A), 115.216(b)(3)(B), 115.216(b)(4), 115.217(a)(6), 
115.219(a)(1) through 115.219(a)(4), 115.219(b), 115.316 title 
(Monitoring and Recordkeeping Requirements), 115.316(a), 
115.316(a)(1)(A), 115.316(a)(1)(C), 115.316(a)(4), 115.316(b), 
115.316(b)(1), 115.316(b)(1)(A) through 115.316(b)(1)(D), 115.316(b)(2),

[[Page 884]]

115.316(b)(2)(A) through 115.316(b)(2)(C), 115.316(b)(3), 115.316(b)(4), 
115.319(a)(1), 115.319(a)(2), 115.319(b), 115.421(a), 115.421(a)(12), 
115.421(a)(12)(A), 115.421(a)(12)(A)(i), 115.421(a)(12)(A)(ii), 
115.421(a)(12)(B), 115.425(a)(4)(C)(ii), 115.426 title (Monitoring and 
Recordkeeping Requirements), 115.426(a)(2), 115.426(a)(2)(A)(i), 
115.426(b)(2), 115.426(b)(2)(i), 115.427(a)(5)(C), 115.427(a)(6), 
115.427(a)(6)(A) through 115.427(a)(6)(C), 115.427(a)(7), 115.429(d), 
115.436 title (Monitoring and Recordkeeping Requirements), 
115.436(a)(3), 115.436(a)(3)(C), 115.436(b), 115.436(b)(3), 
115.436(b)(3)(B) through 115.436(b)(3)(D), 115.439(d), 115.536 title 
(Monitoring and Recordkeeping Requirements), 115.536(a)(1), 
115.536(a)(2), 115.536(a)(2)(A), 115.536(a)(2)(A)(ii), 115.536(a)(5), 
115.536(b)(1), 115.536(b)(2), 115.536(b)(2)(A), 115.536(b)(2)(A)(ii) 
through 115.536(b)(2)(A)(iv), 115.539(c).
    (89) A revision to the Texas State Implementation Plan to adopt an 
attainment demonstration control strategy for lead which addresses that 
portion of Collin County owned by GNB.
    (i) Incorporation by reference.
    (A) Texas Air Control Board Order Number 92-09 issued and effective 
October 16, 1992, for settlement of the enforcement action against the 
GNB facility at Frisco, Texas.
    (B) Texas Air Control Board Order Number 93-10 issued and effective 
June 18, 1993, for control of lead emissions from the GNB facility at 
Frisco, Texas.
    (C) Texas Air Control Board Order Number 93-12 issued and effective 
June 18, 1993, establishing contingency measures relating to the GNB 
facility at Frisco, Texas.
    (ii) Additional material.
    (A) The lead attainment demonstration prepared by the State, dated 
July 1993.
    (90) A revision to the Texas SIP regarding ozone monitoring. The 
State of Texas will modify its SLAMS and its NAMS monitoring systems to 
include a PAMS network design and establish monitoring sites. The 
State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.
    (i) Incorporation by reference.
    (A) TNRCC Order Number 93-24 as adopted by the TNRCC November 10, 
1993.
    (B) SIP narrative plan entitled ``Revisions to the State 
Implementation Plan (SIP) for the Control of Ozone Air Pollution'' 
adopted by the TNRCC on November 10, 1993, addressing: 1993 Rate-of-
Progress SIP for Dallas/Fort Worth, El Paso, Beaumont/Port Arthur and 
Houston/Galveston Ozone Nonattainment Areas, Section VI: Control 
Strategy, B. Ozone Control Strategy, 7. SIP Revisions for 1993 Rate-of-
Progress (new.), a. Ozone Control Plan, 1) General, f) Photochemical 
Assessment Monitoring Stations, page 87, second paragraph, first 
sentence; third paragraph; fourth paragraph; and, the fifth paragraph 
which ends on page 88; page 88, first complete paragraph, including 
numbers (1), (2) and (3).
    (ii) Additional material.
    (A) The Texas SIP revision narrative regarding PAMS.
    (B) TNRCC certification letter dated November 10, 1993, and signed 
by Gloria A. Vasquez, Chief Clerk, TNRCC.
    (91)-(92) [Reserved]
    (93) A revision to the Texas State Implementation Plan (SIP) to 
include agreed orders limiting sulfur dioxide (SO2) allowable 
emissions at certain nonpermitted facilities in Harris County, and to 
include a modeling demonstration showing attainment of the 
SO2 National Ambient Air Quality Standards, was submitted by 
the Governor by cover letter dated August 3, 1994.
    (i) Incorporation by reference.
    (A) Texas Natural Resource Conservation Commission (TNRCC) Order No. 
94-09, as adopted by the TNRCC on June 29, 1994.
    (B) TNRCC Order No. 94-10 for Anchor Glass Container, as adopted by 
the TNRCC on June 29, 1994.
    (C) TNRCC Order No. 94-11 for Crown Central Petroleum Corporation, 
as adopted by the TNRCC on June 29, 1994.
    (D) TNRCC Order No. 94-12 for Elf Atochem North America, Inc., as 
adopted by the TNRCC on June 29, 1994.
    (E) TNRCC Order No. 94-13 for Exxon Company USA, as adopted by the 
TNRCC on June 29, 1994.
    (F) TNRCC Order No. 94-14 for ISK Biosciences Corporation, as 
adopted by the TNRCC on June 29, 1994.
    (G) TNRCC Order No. 94-15 for Lyondell Citgo Refining Company,

[[Page 885]]

LTD., as adopted by the TNRCC on June 29, 1994.
    (H) TNRCC Order No. 94-16 for Lyondell Petrochemical Company, as 
adopted by the TNRCC on June 29, 1994.
    (I) TNRCC Order No. 94-17 for Merichem Company, as adopted by the 
TNRCC on June 29, 1994.
    (J) TNRCC Order No. 94-18 for Mobil Mining and Minerals Company, as 
adopted by the TNRCC on June 29, 1994.
    (K) TNRCC Order No. 94-19 for Phibro Energy USA, Inc., as adopted by 
the TNRCC on June 29, 1994.
    (L) TNRCC Order No. 94-20 for Shell Chemical and Shell Oil, as 
adopted by the TNRCC on June 29, 1994.
    (M) TNRCC Order No. 94-21 for Shell Oil Company, as adopted by the 
TNRCC on June 29, 1994.
    (N) TNRCC Order No. 94-22 for Simpson Pasadena Paper Company, as 
adopted by the TNRCC on June 29, 1994.
    (ii) Additional material.
    (A) May 27, 1994, letter from Mr. Norman D. Radford, Jr. to the 
TNRCC and the EPA Region 6 requesting approval of an equivalent method 
of monitoring sulfur in fuel and an equivalent method of determining 
compliance.
    (B) June 28, 1994, letter from Anthony C. Grigsby, Executive 
Director, TNRCC, to Crown Central Petroleum Corporation, approving an 
alternate monitoring and compliance demonstration method.
    (C) June 28, 1994, letter from Anthony C. Grigsby, Executive 
Director, TNRCC, to Exxon Company USA, approving an alternate monitoring 
and compliance demonstration method.
    (D) June 28, 1994, letter from Anthony C. Grigsby, Executive 
Director, TNRCC, to Lyondell Citgo Refining Co., LTD., approving an 
alternate monitoring and compliance demonstration method.
    (E) June 28, 1994, letter from Anthony C. Grigsby, Executive 
Director, TNRCC, to Phibro Energy, USA, Inc., approving an alternate 
monitoring and compliance demonstration method.
    (F) June 28, 1994, letter from Anthony C. Grigsby, Executive 
Director, TNRCC, to Shell Oil Company, approving an alternate monitoring 
and compliance demonstration method.
    (G) June 8, 1994, letter from Mr. S. E. Pierce, Mobil Mining and 
Minerals Company, to the TNRCC requesting approval of an alternative 
quality assurance program.
    (H) June 28, 1994, letter from Anthony C. Grigsby, Executive 
Director, TNRCC, to Mobil Mining and Minerals Company, approving an 
alternative quality assurance program.
    (I) August 3, 1994, narrative plan addressing the Harris County 
Agreed Orders for SO2, including emission inventories and 
modeling analyses (i.e. the April 16, 1993, report entitled ``Evaluation 
of Potential 24-hour SO2 Nonattainment Area in Harris County, 
Texas-Phase II'' and the June, 1994, addendum).
    (J) TNRCC certification letter dated June 29, 1994, and signed by 
Gloria Vasquez, Chief Clerk, TNRCC.
    (94) Revisions to the Texas SIP addressing visible emissions 
requirements were submitted by the Governor of Texas by letters dated 
August 21, 1989, January 29, 1991, October 15, 1992 and August 4, 1993.
    (i) Incorporation by reference.
    (A) Revisions to Texas Air Control Board (TACB), Regulation I, 
Section 111.111, ``Requirements for Specified Sources;'' Subsection 
111.111(a) (first paragraph) under ``Visible Emissions;'' Subsections 
111.111(a)(1) (first paragraph), 111.111(a)(1)(A), 111.111(a)(1)(B) and 
111.111(a)(1)(E) under ``Stationary Vents;'' Subsection 111.111(b) 
(first paragraph) under ``Compliance Determination Exclusions;'' and 
Subsections 111.113 (first paragraph), 111.113(1), 111.113(2), and 
111.113(3) under ``Alternate Opacity Limitations,'' as adopted by the 
TACB on June 16, 1989.
    (B) TACB Board Order No. 89-03, as adopted by the TACB on June 16, 
1989.
    (C) Revisions to Texas Air Control Board (TACB), Regulation I, 
Section 111.111, ``Requirements for Specified Sources;'' Subsections 
111.111(a)(4)(A) and 111.111(a)(4)(B)(i) under ``Railroad Locomotives or 
Ships;'' Subsections 111.111(a)(5)(A) and 111.111(a)(5)(B)(i) under 
``Structures;'' and Subsections 111.111(a)(6)(A) and 111.111(a)(6)(B)(i) 
under ``Other Sources,'' as adopted by the TACB on October 12, 1990.
    (D) TACB Board Order No. 90-12, as adopted by the TACB on October 
12, 1990.

[[Page 886]]

    (E) Revisions to Texas Air Control Board (TACB), Regulation I, 
Section 111.111, ``Requirements for Specified Sources;'' Subsections 
111.111(a)(1)(C), 111.111(a)(1)(D), 111.111(a)(1)(F) (first paragraph), 
111.111(a)(1)(F)(i), 111.111(a)(1)(F)(ii), 111.111(a)(1)(F)(iii), 
111.111(a)(1)(F)(iv), and 111.111(a)(1)(G) under ``Stationary Vents;'' 
Subsections 111.111(a)(2) (first paragraph), 111.111(a)(2)(A), 
111.111(a)(2)(B), and 111.111(a)(2)(C) under ``Sources Requiring 
Continuous Emissions Monitoring;'' Subsection 111.111(a)(3) (first 
paragraph) under ``Exemptions from Continuous Emissions Monitoring 
Requirements;'' Subsection 111.111(a)(4), ``Gas Flares,'' title only; 
Subsection 111.111(a)(5) (first paragraph) under ``Motor Vehicles;'' 
Subsections 111.111(a)(6)(A), 111.111(a)(6)(B) (first paragraph), 
111.111(a)(6)(B)(i) and 111.111(a)(6)(B)(ii) under ``Railroad 
Locomotives or Ships'' (Important note, the language for 
111.111(a)(6)(A) and 111.111(a)(6)(B)(i) was formerly adopted as 
111.111(a)(4)(A) and 111.111(a)(4)(B)(i) on October 12, 1990); 
Subsections 111.111(a)(7)(A), 111.111(a)(7)(B) (first paragraph), 
111.111(a)(7)(B)(i) and 111.111(a)(7)(B)(ii) under ``Structures'' 
(Important note, the language for 111.111(a)(7)(A) and 
111.111(a)(7)(B)(i) was formerly adopted as 111.111(a)(5)(A) and 
111.111(a)(5)(B)(i) on October 12, 1990); and Subsections 
111.111(a)(8)(A), 111.111(a)(8)(B) (first paragraph), 
111.111(a)(8)(B)(i) and 111.111(a)(8)(B)(ii) under ``Other Sources'' 
(Important note, the language for 111.111(a)(8)(A) and 
111.111(a)(8)(B)(i) was formerly adopted as 111.111(a)(6)(A) and 
111.111(a)(6)(B)(i) on October 12, 1990), as adopted by the TACB on 
September 18, 1992.
    (F) TACB Board Order No. 92-19, as adopted by the TACB on September 
18, 1992.
    (G) Revisions to Texas Air Control Board (TACB), Regulation I, 
Section 111.111, ``Requirements for Specified Sources;'' Subsections 
111.111(a)(4)(A) (first paragraph), 111.111(a)(4)(A)(i), 
111.111(a)(4)(A)(ii), and 111.111(a)(4)(B) under ``Gas Flares,'' as 
adopted by the TACB on June 18, 1993.
    (H) TACB Board Order No. 93-06, as adopted by the TACB on June 18, 
1993.
    (ii) Additional material.
    (A) TACB certification letter dated July 27, 1989, and signed by 
Allen Eli Bell, Executive Director, TACB.
    (B) TACB certification letter dated January 9, 1991, and signed by 
Steve Spaw, Executive Director, TACB.
    (C) TACB certification letter dated October 1, 1992, and signed by 
William Campbell, Executive Director, TACB.
    (D) TACB certification letter dated July 13, 1993, and signed by 
William Campbell, Executive Director, TACB.
    (95) Alternative emission reduction (bubble) plan for the Shell Oil 
Company's Deer Park manufacturing complex submitted to the EPA by the 
Governor of Texas in a letter dated July 26, 1993.
    (i) Incorporation by reference.
    (A) TACB Order 93-11, as adopted by the TACB on June 18, 1993.
    (B) SIP narrative entitled, ``Site-Specific State Implementation 
Plan,'' section IV.H.1.b., attachment (4), entitled, ``Alternate 
Emission Reduction (``Bubble'') Plan Provisions for Uncontrolled Vacuum-
Producing Vents, Shell Oil Company, Deer Park Manufacturing Complex, HG-
0659-W,'' adopted by the TACB on June 18, 1993.
    (ii) Additional material.
    (A) SIP narrative entitled, ``Site-Specific State Implementation 
Plan,'' section IV.H.1.b., adopted by the TACB on June 18, 1993.
    (B) TACB certification letter dated July 5, 1993, and signed by 
William R. Campbell, Executive Director, TACB.
    (96) A revision to the Texas State Implementation Plan for 
Transportation Conformity: Regulation 30 TAC Chapter 114 ``Control of 
Air Pollution from Motor Vehicles'', Section 114.27 ``Transportation 
Conformity'' as adopted by the Texas Natural Resource Conservation 
Commission (TNRCC) on October 19, 1994, was submitted by the Governor on 
November 6, 1994. No action is taken on a portion of 30 TAC 114.27(c) 
that contains provisions of 40 CFR 51.448.
    (i) Incorporation by reference.
    (A) The TNRRC 30 TAC Chapter 114 ``Control of Air Pollution from 
Motor Vehicles'', 114.27 ``Transportation Conformity'' as adopted by the 
TNRCC on October 19, 1994. No action is taken on a portion of 30 TAC 
114.27(c) that contains provisions of 40 CFR 51.448.

[[Page 887]]

    (B) TNRCC order No. 94-40 as passed and approved on October 12, 
1994.
    (ii) Additional material. None.
    (97) Revisions to the Texas SIP addressing revisions to the Texas 
Air Control Board (TACB) General Rules, 31 Texas Administrative Code 
(TAC) Chapter 101, ``General Rules'', section 101.1, ``Definitions'', 
and revisions to TACB Regulation VI, 31 TAC Chapter 116, ``Control of 
Air Pollution by Permits for New Construction or Modification,'' were 
submitted by the Governor of Texas by letters dated December 11, 1985, 
October 26, 1987, February 18, 1988, September 29, 1988, December 1, 
1989, September 18, 1990, November 5, 1991, May 13, 1992, November 13, 
1992, and August 31, 1993.
    (i) Incorporation by reference.
    (A) Revisions to TACB Regulation VI, 31 TAC Chapter 116, sections 
116.2 and 116.10(a)(4), as adopted by the TACB on July 26, 1985.
    (B) TACB Board Order No. 85-07, as adopted by the TACB on July 26, 
1985.
    (C) Amended TACB Regulation VI, 31 TAC Chapter 116, section 
116.10(a)(3) as adopted by the TACB on July 17, 1987.
    (D) TACB Board Order No. 87-09, as adopted by the TACB on July 17, 
1987.
    (E) Amended TACB Regulation VI, 31 TAC Chapter 116, sections 
116.10(a)(1), 116.10(c)(1), 116.10(c)(1)(A), 116.10(c)(1)(B), 
116.10(c)(1)(C) and 116.10(f), as adopted by the TACB on December 18, 
1987.
    (F) TACB Board Order No. 87-17, as adopted by the TACB on December 
18, 1987.
    (G) Amended TACB Regulation VI, 31 TAC Chapter 116, redesignation of 
section 116.1 to 116.1(a), revision to section 116.1(b), and 
redesignation of 116.10(a)(6) to 116.10(a)(7), as adopted by the TACB on 
July 15, 1988.
    (H) TACB Board Order No. 88-08, as adopted by the TACB on July 15, 
1988.
    (I) Amended TACB Regulation VI, 31 TAC Chapter 116, sections 
116.1(a), 116.3(f), 116.5, 116.10(a)(7), 116.10(b)(1), 116.10(d), 
116.10(e), 116.11(b)(3), 116.11(e), and 116.11(f), as adopted by the 
TACB on August 11, 1989.
    (J) TACB Board Order No. 89-06, as adopted by the TACB on August 11, 
1989.
    (K) Amended TACB Regulation VI, 31 TAC Chapter 116, sections 
116.1(c), 116.3(a)(1), 116.3(a)(1)(A), and 116.3(a)(1)(B), as adopted by 
the TACB on May 18, 1990.
    (L) TACB Board Order No. 90-05, as adopted by the TACB on May 18, 
1990.
    (M) Amended TACB Regulation VI, 31 TAC Chapter 116, section 
116.1(a)(15), as adopted by the TACB on September 20, 1991.
    (N) TACB Board Order No. 91-10, as adopted by the TACB on September 
20, 1991.
    (O) Revisions to TACB General Rules, 31 TAC Chapter 101 to add 
definitions of ``actual emissions''; ``allowable emissions''; ``begin 
actual construction''; ``building, structure, facility, or 
installation''; ``commence''; ``construction''; ``de minimis 
threshold''; ``emissions unit''; ``federally enforceable''; ``necessary 
preconstruction approvals or permits''; ``net emissions increase''; 
``nonattainment area''; ``reconstruction''; ``secondary emissions''; and 
``synthetic organic chemical manufacturing process'' and to modify 
definitions of ``fugitive emission''; ``major facility/stationary 
source''; and ``major modification'' (except for Table I), as adopted by 
the TACB on May 8, 1992.
    (P) Amended TACB Regulation VI, 31 TAC Chapter 116, sections 
116.3(a)(1), (3), (4), (5), (7), (8), (9), (10), (11), (12), and (13); 
116.3(c)(1); and 116.11(b)(4), as adopted by the TACB on May 8, 1992.
    (Q) TACB Board Order No. 92-06, as adopted by the TACB on May 8, 
1992.
    (R) Amended TACB Regulation VI, 31 TAC Chapter 116, sections 
116.3(a); 116.3(a)(7) and (10); 116.3(c); and 116.14 as, adopted by the 
TACB on October 16, 1992.
    (S) TACB Board Order No. 92-18, adopted by the TACB on October 16, 
1992.
    (T) Amended TACB Regulation VI, 31 TAC Chapter 116, Table I, as 
adopted in section 116.012 by the TACB on August 16, 1993, is approved 
and incorporated into section 101.1 in lieu of Table I adopted May 8, 
1992.
    (U) TACB Board Order No. 93-17, as adopted by the TACB on August 16, 
1993
    (ii) Additional materials--None.
    (98)-(99) [Reserved]
    (100) A revision to the Texas State Implementation Plan (SIP) to 
adopt an

[[Page 888]]

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

[[Page 889]]

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

[[Page 890]]

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

[[Page 891]]

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

[[Page 892]]

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

[[Page 893]]

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

[[Page 894]]

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

[[Page 895]]

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

[[Page 896]]

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

[[Page 897]]

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

[[Page 898]]

Furniture coating operations and Ship Building and Repair. The revisions 
also address coating of oil and gas platforms at ship building and 
repair facilities.
    (i) Incorporation by Reference.
    (A) Revisions to Regulation V, as adopted by the Commission on March 
18, 1998, effective April 7, 1998, sections 115.10. Definitions--
Introductory Paragraph, 115.420 Surface Coating Definitions, 115.420(a) 
General Surface Coating Definitions, 114.420(a)(1)-115.420(a)(10), 
115.420(b) Specific surface coating definitions--Introductory Paragraph, 
115.420(b)(1), 115.420(b)(2), 115.420(b)(2)(A), 115.420(b)(2)(B), 
115.420(b)(3)-115.420(b)(9), 115.420(b)(10), 115.420(b)(10)(A)-
115.420(b)(10)(E), 115.420(b)(10)(F), 115.420(b)(10)(F)(i)-
115.420(b)(10)(F)(vii), 115.420(b)(10)(G), 115.420(b)(11), 
115.420(b)(12), 115.420(b)(12)(A)-115.420(b)(12)(FF), 115.420(b)(13), 
115.420(b)(13)(A), 115.420(b)(13)(A)(i), 115.420(b)(13)(A)(ii), 
115.420(b)(13)(B), 115.420(b)(13)(B)(i)-115.420(b)(13)(B)(ix), 
115.420(b)(14), 115.420(b)(15), 115.420(15)(A), 115.420(15)(A)(i)-
115.420(15)(A)(xi), 115.420(15)(B), 115.420(15)(B)(i)-
115.420(15)(B)(xix), 115.421(a), 115.421(a)(8), 115.421(a)(8)(B), 
115.421(a)(8)(B)(i)-115.421(a)(8)(B)(ix), 115.421(a)(13), 
115.421(a)(13)(A), 115.421(a)(13)(A)(i)-115.421(a)(13)(A)(vii), 
115.421(a)(13)(A)(viii), 115.421(a)(13)(A)(ix), 115.421(a)(14), 
115.421(a)(14)(A), 115.421(a)(14)(A)(i), 115.421(a)(14)(A)(ii), 
115.421(a)(14)(A)(iii), 115.421(a)(14)(A)(iii)(I)- 
115.421(a)(14)(A)(iii)(III), 115.421(a)(14)(A)(iv)-
115.421(a)(14)(A)(vi), 115.421(a)(14)(B), 115.421(a)(15), 
115.421(a)(15)(A),115.421(a)(15)(B), 115.421(a)(15)(B)(i), 
115.421(a)(15)(B)(ii), 115.421(b), 115.422. Control Requirements--
Introductory Paragraph, 115.422(2), 115.422(3), 115.422(3)(A), 
115.422(3)(B), 115.422(3)(C), 115.422(3)(C)(i), 115.422(3)(C)(ii), 
115.422(3)(C)(ii)(I), 115.422(3)(C)(ii)(II), 115.422(3)(C)(iii)-
115.422(3)(C)(v), 115.422(3)(C)(vi), 115.422(3)(C)(vi)(I), 
115.422(3)(vi)(II), 115.422(3)(D), 115.422(3)(E), 115.422(3)(E)(i), 
115.422(3)(E)(ii), 115.422(4), 115.422(4)(A)-115.422(4)(C), 115.422(5), 
115.422(5)(A), 115.422(5)(B), 115.423(a), 115.423(a)(1), 115.423(a)(2), 
115.423(b), 115.423(b)(1), 115.423(b)(2), 115.426(a), 115.426(a)(1), 
115.426(a)(1)(B), 115.426(a)(1)(B)(i), 115.426(a)(1)(B)(ii), 
115.426(a)(2), 115.426(a)(2)(A), 115.426(a)(2)(A)(i), 115.426(b), 
115.426(b)(1), 115.426(b)(1)(B), 115.426(b)(2), 115.426(b)(2)(A), 
115.426(b)(2)(A)(i), 115.427(a), 115.427(a)(1), 115.427(a)(1)(B), 
115.427(a)(1)(C), 115.427(a)(3), 115.427(a)(3)(A), 115.427(a)(3)(B), 
115.427(a)(3)(D)-115.427(a)(3)(I), 115.427(b), 115.427(b)(4), 
115.429(a), and 115.429(b).
    (B) Certification Dated March 18, 1998 that these are true and 
correct copies of revisions to 30 TAC Chapter 115 and the SIP.
    (118)-(119) [Reserved]
    (120) Revisions submitted by the Governor on May 29, 1997, June 23, 
1998, and December 22, 1998, that change the definition of ``primarily 
operated,'' commit to on-board diagnostic testing, remove the test-on-
resale of vehicles subject to the inspection and maintenance program, 
and provide the legal authority for denial of re-registration of 
vehicles that have not complied with the I/M program requirements, and 
the establishment of a class C misdemeanor penalty for operating a 
grossly polluting vehicle in a nonattainment area.
    (i) Incorporation by reference:
    (A) Narrative of State Implementation Plan revision submitted May 
29, 1997, by the Governor.
    (B) Narrative of State Implementation Plan revision submitted June 
23, 1998, by the Governor.
    (C) Letter from the Governor dated December 22, 1998, submitting 
Senate Bill 1856.
    (ii) Additional material:
    (A) Senate Bill 1856.
    (B) Memorandum of Agreement between the Texas Natural Resource 
Conservation Commission and the Texas Department of Public Safety 
adopted November 20, 1996, and signed February 5, 1997.
    (121) Revisions submitted by the Governor on July 13, 2000, that 
remove approval of the Alternate Reasonably Available Control Technology 
(ARACT) for Lockheed Corporation, Bell Helicopter Textron, Incorporated; 
Bell

[[Page 899]]

Plant 1, and Raytheon TI Systems, Inc., (RTIS).

[37 FR 10895, May 31, 1972. Redesignated and amended at 64 FR 36589, 
July 7, 1999; 66 FR 54691, Oct. 30, 2001]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2299, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.2300  [Reserved]



Sec. 52.2301  Federal compliance date for automobile and light-duty 
truck coating. Texas Air Control Board Regulation V (31 TAC 

chapter 115), control of air pollution from volatile organic 
compound, rule 115.191(1)(8)(A).

    (a) The requirements of section 110 of the Clean Air Act are not met 
regarding the final compliance date, as found in TACB rule 
115.191(a)(8)(A), for the requirements of TACB Rule 115.191(a)(8)(A).
    (b) TACB adopted revisions to rule 115.191(a)(8)(A) on October 14, 
1988, and submitted them to EPA on December 13, 1988. Prior to the 
submittal, automobile and light-duty truck coating operations were to 
have complied with final control limits of Sec. A115.191(a)(8)(B) of 
the federally approved State Implementation Plan (SIP), by December 31, 
1986. In the December 13, 1988, submittal, the final control limits had 
been moved to Sec. 115.191(a)(8)(A) and had been given a new extended 
compliance date of December 31, 1987. EPA does not recognize the later 
compliance data and retains the original compliance date for the final 
emission limits of December 31, 1986. The owner or operator of an 
automobile and light-duty truck coating operation shall comply with the 
requirements of TACB rule 115.191(a)(8)(A) no later than December 31, 
1986.

[56 FR 40257, Aug. 14, 1991]



Sec. 52.2302  [Reserved]



Sec. 52.2303  Significant deterioration of air quality.

    (a) The plan submitted by Texas is approved as meeting the 
requirements of part C, Clean Air Act for preventing significant 
deterioration of air quality. The plan consists of the following:
    (1) Prevention of significant deterioration plan requirements as 
follows:
    (i) December 11, 1985 (as adopted by the Texas Air Control Board 
(TACB) on July 26, 1985).
    (ii) October 26, 1987 (as revised by TACB on July 17, 1987).
    (iii) September 29, 1988 (as revised by TACB on July 15, 1988).
    (iv) February 18, 1991 (as revised by TACB on December 14, 1990).
    (v) May 13, 1992 (as revised by TACB on May 8, 1992).
    (vi) August 31, 1993 (as recodified, revised and adopted by TACB on 
August 16, 1993).
    (vii) July 12, 1995 (as revised by the Texas Natural Resource 
Conservation Commission (TNRCC) on March 1, 1995) containing revisions 
to chapter 116--Control of Air Pollution for New Construction or 
Modification, sections 116.10, 116.141 and 116.160-116.163.
    (viii) July 22, 1998 (as revised by TNRCC on June 17, 1998) 
containing revisions to chapter 116--Control of Air Pollution for New 
Construction or Modification, sections 116.160 and 116.161.
    (ix) September 16, 2002 (as revised by TNRCC on October 10, 2001) 
containing revisions to chapter 116--Control of Air Pollution for New 
Construction or Modification, sections 116.160 and 116.162.
    (2) The Prevention of Significant Deterioration (PSD) Supplement 
document, submitted October 26, 1987 (as adopted by TACB on July 17, 
1987).
    (3) Revision to General Rules, Rule 101.20(3), submitted December 
11, 1985 (as adopted by TACB on July 26, 1985).
    (b) The plan approval is partially based on commitment letters 
provided by the Executive Director of the Texas Air Control Board, dated 
September 5, 1989 and April 17, 1992.
    (c) The requirements of section 160 through 165 of the Clean Air Act 
are not met for federally designated Indian lands. Therefore, the 
provisions of Sec. 52.21 except paragraph (a)(1) are hereby adopted and 
made a part of the applicable implementation plan and are applicable to 
sources located on land

[[Page 900]]

under the control of Indian governing bodies.

[57 FR 28098, June 24, 1992, as amended at 59 FR 46557, Sept. 9, 1994; 
62 FR 44088, Aug. 19, 1997; 68 FR 11324, Mar. 10, 2003; 68 FR 74490, 
Dec. 24, 2003; 69 FR 43755, July 22, 2004]



Sec. 52.2304  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met, because the plan does not include approvable procedures for 
protection of visibility in mandatory Class I Federal areas.
    (b) Regulation for visibility monitoring. The provisions of Sec. 
52.26 are hereby incorporated and made a part of the applicable plan for 
the State of Texas.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987; 
54 FR 7770, Feb. 23, 1989]



Sec. 52.2305  [Reserved]



Sec. 52.2306  Particulate Matter (PM[bdi1][bdi0]) Group II SIP 
commitments.

    On July 18, 1988, the Governor of Texas submitted a revision to the 
State Implementation Plan (SIP) that contained commitments for 
implementing all of the required activities including monitoring, 
reporting, emission inventory, and other tasks that may be necessary to 
satisfy the requirements of the PM10 Group II SIPs. The Texas 
Air Control Board adopted these revisions on May 13, 1988. The State of 
Texas has committed to comply with the PM10 Group II SIP 
requirements, as articulated in the Federal Register notice of July 1, 
1987 (52 FR 24670), for the defined areas of Dallas, Harris, Lubbock, 
and Nueces counties as provided in the Texas PM10 Group II 
SIPs. In addition to the SIP, a letter from the Governor of Texas, dated 
July 18, 1988, stated that:

    * * * In the July 1, 1987 issue of the Federal Register, the U.S. 
Environmental Protection Agency announced the requirement that each 
state submit a committal SIP for PM10 Group II areas instead 
of full control strategies. States were also required to submit 
demonstrations of attainment and maintenance of the PM10 
National Ambient Air Quality Standards. The TACB is committed to 
carrying out the activities contained in the enclosed proposed SIP to 
satisfy those requirements * * *.

[54 FR 25586, June 16, 1989]



Sec. 52.2307  Small business assistance program.

    The Governor of Texas submitted on November 13, 1992 a plan revision 
to develop and implement a Small Business Stationary Source Technical 
and Environmental Compliance Assistance Program to meet the requirements 
of section 507 of the Clean Air Act by November 15, 1994. The plan 
commits to provide technical and compliance assistance to small 
businesses, hire an Ombudsman to serve as an independent advocate for 
small businesses, and establish a Compliance Advisory Panel to advise 
the program and report to the EPA on the program's effectiveness.

[59 FR 42765, Aug. 19, 1994]



Sec. 52.2308  Area-wide nitrogen oxides (NOX) exemptions.

    (a) The Texas Natural Resource Conservation Commission (TNRCC) 
submitted to the EPA on June 17, 1994, a petition requesting that the 
Dallas ozone nonattainment area be exempted from the NOX 
control requirements of section 182(f) of the Clean Air Act (CAA) as 
amended in 1990. The Dallas nonattainment area consists of Dallas, 
Tarrant, Denton, and Collin counties. The exemption request was based on 
a photochemical grid modeling which shows that the Dallas nonattainment 
area would attain the National Ambient Air Quality Standards (NAAQS) for 
ozone by the CAA mandated deadline without the implementation of the 
additional NOX controls required under section 182(f). On 
November 21, 1994, the EPA conditionally approved this exemption 
request, conditioned upon the EPA approving the modeling portion of the 
Dallas attainment demonstration SIP.
    (b) The TNRCC submitted to the EPA on June 17, 1994, a petition 
requesting that the El Paso ozone nonattainment area be exempted from 
the NOX control requirements of section 182(f) of the Clean 
Air Act (CAA) as amended in 1990. The El Paso nonattainment area 
consists of El Paso county, and shares a common airshed with Juarez, 
Mexico. The exemption request was based on a

[[Page 901]]

photochemical grid modeling which shows that the El Paso nonattainment 
area would attain the NAAQS for ozone by the CAA mandated deadline 
without the implementation of the additional NOX controls 
required under section 182(f), but for emissions emanating from Mexico. 
On November 21, 1994, the EPA conditionally approved this exemption 
request, conditioned upon the EPA approving the modeling portion of the 
El Paso attainment demonstration SIP.
    (c) The Texas Natural Resource Conservation Commission submitted to 
the EPA on May 4, 1994, a petition requesting that the Victoria County 
incomplete data ozone nonattainment area be exempted from the 
requirement to meet the NOX provisions of the Federal 
transportation conformity rule. The exemption request was based on 
monitoring data which demonstrated that the National Ambient Air Quality 
Standard for ozone had been attained in this area for the 35 months 
prior to the petition, with the understanding that approval of the 
State's request would be contingent upon the collection of one 
additional month of data. The required additional month of verified data 
was submitted later and, together with the data submitted with the 
State's petition, demonstrated attainment of the NAAQS for 36 
consecutive months. The EPA approved this exemption request on March 2, 
1995.
    (d) The TNRCC submitted to the EPA on August 17, 1994, with 
supplemental information submitted on August 31, 1994, and September 9, 
1994, a petition requesting that the Houston and Beaumont ozone 
nonattainment areas be temporarily exempted from the NOX 
control requirements of section 182(f) of the CAA. The Houston 
nonattainment area consists of Brazoria, Chambers, Fort Bend, Galveston, 
Harris, Liberty, Montgomery, and Waller counties. The Beaumont 
nonattainment area consists of Hardin, Jefferson, and Orange counties. 
The exemption request was based on photochemical grid modeling which 
shows that reductions in NOX would not contribute to 
attaining the ozone NAAQS. On April 12, 1995, the EPA approved the 
State's request for a temporary exemption. Approval of the temporary 
exemption waives the federal requirements for NOX Reasonably 
Available Control Technology (RACT), New Source Review (NSR), 
conformity, and vehicle inspection and maintenance (I/M) for the period 
of the temporary exemption. The temporary exemption automatically 
expires on December 31, 1996, without further notice from the EPA. Based 
on the rationale provided in the notice of proposed rulemaking on this 
action, upon the expiration of the temporary exemption, the requirements 
pertaining to NOX RACT, NSR, conformity, and I/M will again 
become applicable, except that the NOX RACT implementation 
date applicable to the Houston and Beaumont nonattainment areas under 
section 182(f) shall be as expeditious as practicable but no later than 
May 31, 1997, unless the State has received a permanent NOX 
exemption from the EPA prior to that time.
    (e) The TNRCC submitted to EPA on March 6, 1996, a petition 
requesting that the Houston/Galveston and Beaumont/Port Arthur ozone 
nonattainment areas be granted an extension to a previously-granted 
temporary exemption from the NOX control requirements of 
sections 182(f) and 182(b) of the Clean Air Act. The temporary exemption 
was granted on April 19, 1995. The current petition is based on the need 
for more time to complete UAM to confirm the need for, and the extent 
of, NOX controls required. On May 23, 1997, EPA approved the 
State's request for an extension to the temporary exemption. The 
temporary extension automatically expires on December 31, 1997, without 
further notice from EPA. Upon expiration of the extension, the 
requirements pertaining to NOX RACT, NSR, I/M, general and 
transportation conformity will become applicable, except that the 
NOX RACT compliance date shall be implemented as 
expeditiously as practicable, but no later than May 31, 1999, unless the 
State has received a contingent NOX exemption from the EPA 
prior to that time.
    (f) The extension of the temporary exemption from NOX 
control requirements of sections 182(f) and 182(b) of the Clean Air Act 
for the Houston/Galveston and Beaumont/Port Arthur ozone nonattainment 
areas granted on May 23, 1997, expired December 31, 1997.

[[Page 902]]

Upon expiration of the extension, the requirements pertaining to 
NOX RACT, NSR, I/M, general and transportation conformity 
will become applicable and the State is expected to implement the 
requirements as expeditiously as possible.
    (g) The Texas Natural Resource Conservation Commission submitted a 
letter to EPA requesting rescission of the previously-granted 
conditional exemption from the NOX control requirements of 
section 182(f) of the Act for the Dallas/Fort Worth ozone nonattainment 
area. The letter was sent on November 13, 1998. The conditional 
exemption was granted on November 21, 1994, conditioned upon EPA 
approving the modeling portion of the DFW attainment demonstration SIP. 
The conditional exemption was also approved on a contingent basis. The 
modeling-based exemption would last only as long as the area's modeling 
continued to demonstrate attainment without the additional 
NOX reductions required by section 182(f). The State's 
request is based on new photochemical modeling which shows the need for 
NOX controls to help the area attain the ozone National 
Ambient Air Quality Standards. Furthermore, EPA would not and could not 
approve the earlier attainment demonstration SIP modeling upon which the 
condition was based.
    (1) On June 21, 1999, the conditional NOX exemption for 
the DFW area granted on November 21, 1994 is rescinded. Upon rescission, 
the Federal requirements pertaining to NOX Reasonably 
Available Control Technology (RACT), New Source Review, vehicle 
Inspection/Maintenance, general and transportation conformity now apply.
    (2) The NOX RACT final compliance date must be 
implemented as expeditiously as practicable, but no later than March 31, 
2001.

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



Sec. 52.2309  Emissions inventories.

    (a) The Governor of the State of Texas submitted the 1990 base year 
emission inventories for the Houston/Galveston (HGA), Beaumont/Port 
Arthur (BPA), El Paso (ELP), and Dallas/Fort Worth (DFW) ozone 
nonattainment areas on November 17, 1992 as a revision to the State 
Implementation Plan (SIP). The 1990 base year emission inventory 
requirement of section 182(a)(1) of the Clean Air Act, as amended in 
1990, has been satisfied for each of these areas.
    (b) The inventories are for the ozone precursors which are volatile 
organic compounds, nitrogen oxides, and carbon monoxide. The inventories 
cover point, area, non-road mobile, on-road mobile, and biogenic 
sources.
    (c) The HGA nonattainment area is classified as Severe-17 and 
includes Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, 
Montgomery, and Waller Counties; the BPA nonattainment area is 
classified as Serious and includes Hardin, Jefferson, and Orange 
Counties; the ELP nonattainment area is classified as Serious and 
includes El Paso County; and the DFW nonattainment area is classified as 
Moderate and includes Collin, Dallas, Denton, and Tarrant Counties.
    (d) The Texas Natural Resource Conservation Commission submitted 
State Implementation Plan revisions to the 1990 base year emission 
inventory for the Beaumont/Port Arthur area with a cover letter from the 
Governor of Texas dated August 9, 1996.
    (e) The Texas Natural Resource Conservation Commission submitted a 
revision to the State Implementation Plan (SIP) on August 9, 1996. This 
revision was submitted for the purpose of satisfying the 15% Rate-of-
Progress requirements of the Clean Air Act, which will aid in ensuring 
the attainment of the National Ambient Air Quality Standards for ozone. 
This submittal also contained revisions to the 1990 base year emissions 
inventories for the Dallas/Fort Worth, El Paso and Houston/Galveston 
areas.
    (f) The Texas Natural Resource Conservation Commission submitted a 
revision to the State Implementation Plan (SIP) on May 19, 2000. This 
revision was submitted for the purpose of satisfying the 9 percent Rate-
of-Progress requirements of the Clean Air Act, which will aid in 
ensuring the attainment of the National Ambient Air Quality Standards 
for ozone. This submission also contained revisions to the

[[Page 903]]

1990 base year emissions inventory for the Houston/Galveston areas.

[59 FR 55589, Nov. 8, 1994, as amended at 63 FR 6663, Feb. 10, 1998; 63 
FR 62947, Nov. 10, 1998; 66 FR 20751, Apr. 25, 2001]



Sec. 52.2311  Motor vehicle antitampering.

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

[63 FR 6653, Feb. 10, 1998]



                             Subpart TT_Utah



Sec. 52.2320  Identification of plan.

    (a) Title of plan: ``Utah Implementation Plan.''
    (b) The plan was officially submitted on January 25, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Clarifications of the plan relating to particulate regulations, 
CO and NO2 control strategies, new source review, emergency 
episodes, availability of emission data, and source surveillance 
submitted May 18, 1972, by State Division of Health.
    (2) Revision of State new source review regulation, section 1.3.3 of 
the Utah Code of Air Conservation Regulations, submitted on September 
13, 1972, by the Governor.
    (3) Transportation control plan submitted April 13, 1973, by the 
Governor.
    (4) Reenacted legislation providing for public availability of 
emission data submitted on June 13, 1974, by the State Division of 
Health.
    (5) The Revised Utah Air Conservation Regulations on July 10, 1975, 
by the Governor.
    (6) Provisions to meet the requirements of Part D and other sections 
of the Clean Air Act, as amended in 1977, were submitted on December 28, 
1978, by the Governor.
    (7) On November 5, 1979, the Governor submitted a plan revision to 
meet the requirements of Air Quality Monitoring, 40 CFR part 58, subpart 
C, Sec. 58.20.
    (8) Provisions to meet the transportation control requirements of 
Part D and other sections of the Clean Air Act, as amended in 1977, were 
submitted on November 5, 1979, and August 11, 1980, by the Governor.
    (9) Provisions to meet the requirements of Part D for particulates 
and to attain the national standard for lead were submitted on March 11, 
1980, July 25, 1980, November 13, 1980, December 26, 1980, and April 8, 
1981.
    (10) Provisions to meet the requirements of Part C of the Clean Air 
Act, as amended in 1977, were submitted on August 17, 1981.
    (11) Provisions to meet the requirements of section 127 and Part D 
for carbon monoxide and ozone were submitted on August 11, 1980.
    (12) Provisions to meet the requirements of Part D of the Clean Air 
Act, as amended in 1977, for particulates and volatile organic 
compounds, were submitted on April 8, 1981.
    (13) Provisions to meet the requirements of Part D of the Clean Air 
Act, as amended in 1977, for particulates were submitted on March 1, 
1982.
    (14) A revision to the definition of volatile organic compound was 
submitted on April 29, 1982.
    (15) Provisions to meet the requirements of Part D of the Clean Air 
Act, as amended in 1977, for carbon monoxide in Provo and Ogden, Utah 
were submitted on September 20, 1982.
    (16) Additional information regarding stack monitoring at the main 
stack at the Kennecott Copper Smelter in Salt Lake City was submitted on 
December 27, 1982, and February 3, 1984.
    (17) Provision to meet the requirements of Part D of the Clean Air 
Act as amended in 1977 providing for implementing automobile inspection 
and

[[Page 904]]

maintenance in Salt Lake and Davis Counties were submitted on December 
9, 1983, December 19, 1983, February 6, 1984, and March 1, 1984. A 
revision providing for the commitment to adopt regulations for VOC 
sources covered by future CTG's (Group III) was submitted on February 6, 
1984.
    (18) A revision to the SIP was submitted by the Governor for 
attainment of the SO2 standard on August 17, 1981. Additional 
submittals January 25, 1983, and September 5, 1984.
    (19) A revision to the SIP was submitted by the Governor on April 
26, 1985, for visibility monitoring and new source review.
    (i) Incorporation by reference.
    (A) Letter dated April 26, 1985, from Governor Norman Bangerter 
submitting the Utah Visibility SIP and Regulations.
    (B) The Visibility SIP and the Utah Air Conservaton Regulations 
1.1.7 and 3.11.1 were adopted on April 15, 1985 referred to in the 
Governor's letter as April 12, 1985.
    (20) A revision to the SIP was submitted by the Governor on December 
12, 1985, for attaintment of the CO standard in Utah County.
    (i) Incorporation by reference.
    (A) Letter and attachments dated December 12, 1985, from Governor 
Norman H. Bangerter submitting the SIP Revision for attainment of NAAQS 
for CO in Utah County. The attachments included Section 9, Part C; 
Section 9, Appendices A, C, H, and I; and Technical Support Document--
Provo.
    (ii) Additional material.
    (A) Letter dated May 8, 1986, from Brent C. Bradford to Irwin 
Dickstein; Re: Response to questions on I/M with anti-tampering program.
    (B) Letter and attachment dated May 15, 1986, from Brent Bradford to 
Irwin Dickstein transmitting Appendix D of the Technical Support 
Document.
    (21) A revision to the SIP was submitted by the Governor on December 
11, 1987, for visibility general plan requirements and long-term 
strategies.
    (i) Incorporation by reference.
    (A) Letter dated December 2, 1988, from the Utah Bureau of Air 
Quality to the U.S. Environmental Protection Agency, Region VIII.
    (B) A revised section 16, Visibility Protection, of the Utah SIP was 
adopted on November 12, 1987, except for the first three paragraphs of 
Sec. 16.1, the fifth and sixth paragraph of Sec. 16.4, and the second 
and third paragraphs of Sec. 16.5.
    (22) In a letter dated May 2, 1986, the Governor submitted revisions 
to the Utah Air Conservation Regulations addressing GEP stack heights/
dispersion techniques and a new Section 17 to the SIP addressing GEP 
stack height demonstration analysis.
    (i) Incorporation by reference.
    (A) Revisions to the Utah Air Conservation Regulations adopted April 
18, 1986. The revisions consist of adding stack height definitions (UACR 
1.1.128 through UACR 1.1.133) and updating stack height exemptions (UACR 
3.8).
    (B) Stack height demonstration analysis submitted by the State in a 
letter dated May 2, 1986.
    (23) On May 2, 1991 the Governor of Utah submitted revisions to the 
plan. The revisions include amendments to the prevention of significant 
deterioration (PSD) portion of the plan to incorporate the nitrogen 
dioxide (NO2) increments, and several ``housekeeping'' 
changes to definitions, new source review, and PSD regulations.
    (i) Incorporation by reference.
    (A) Revisions to the Utah Air Conservation Regulations, section 
R446-1-1, Foreword and Definitions, section R446-1-3, Control of 
Installations, and section R446-2-1, Utah State Implementation Plan 
Incorporation by Reference, effective January 1, 1991.
    (B) Letter dated May 1, 1991, from Kenneth Hansen of the Utah 
Division of Administrative Rules to Dave McNeill of the Utah Bureau of 
Air Quality, confirming a codification change to paragraph R446-1-3.6.5, 
effective May 1, 1991. This letter contains a reprinted version of R446-
1-3.6.5.
    (ii) Additional material.
    (A) February 26, 1991, letter from F. Burnell Cordner, Executive 
Secretary, Utah Air Conservation Committee, to Douglas M. Skie, EPA, 
transmitting administrative materials for the SIP revision.
    (B) May 2, 1991, letter from Norman H. Bangerter, Governor, State of 
Utah, to James J. Scherer, EPA. Official SIP

[[Page 905]]

submittal, transmitting the SIP narrative modifying section 8, 
Prevention of Significant Deterioration, and other administrative 
materials.
    (24) On May 4, 1990, and July 25, 1991, the Governor of Utah 
submitted revisions to the plan. The revisions include amendments to the 
ozone nonattainment area regulations for stationary sources of volatile 
organic compounds (VOCs), contained within Regulation R446-1-4.9 of the 
Utah Air Conservation Regulations, ``Emission Standards. Non-Attainment 
Area Requirements--Ozone,'' and the definitions applicable to the VOC 
regulations, contained within Regulation R446-1-1, ``Foreward and 
Definitions.'' The amendments were made to conform Regulations R446-1-1 
and R446-1-4.9 to statutory requirements for application of reasonably 
available control technology (RACT) to stationary sources of VOC's, as 
required by section 182(a)(2)(A) of the 1990 Clean Air Act, and to 
improve the clarity and enforceability of the regulations.
    (i) Incorporation by reference. (A) Revisions to the following Utah 
Air Conservation Regulations, Section R446-1-1, Foreward and 
Definitions, effective January 1, 1991: R446-1-1.10, 1.16, 1.40, 1.60, 
1.109, 1.126, 1.140, 1.150, 1.151, 1.159, 1.160, 1.161, 1.162, 1.163, 
1.164, 1.165, 1.166, 1.167, 1.168, 1.169, 1.170, 1.171, 1.172, 1.173, 
1.174, 1.175, 1.176, 1.177, 1.178, 1.180, 1.182, 1.183, 1.184.
    (B) Revisions to the following rules of R446-1-4.9, Emission 
Standards. Non-Attainment Area Requirements--Ozone, effective June 15, 
1991: 4.9.A through 4.9.E were added (disposal of VOCs; requirements for 
EPA concurrence on alternative test methods, alternative methods of 
control, alternative compliance periods, alternative emission limits, or 
alternative monitoring schedules; recordkeeping and reporting 
requirements; RACT requirements for major non-CTG sources; ``once-in, 
always-in'' requirements; and allowance for exclusion of non-reactive 
VOC's); revisions to 4.9.1 (Petroleum Liquid Storage), 4.9.2 (Gasoline 
Transfer/Storage), 4.9.3 (Control of Hydrocarbon Emissions in 
Refineries), 4.9.4 (Degreasing and Solvent Cleaning Operations), 4.9.5 
(Cutback Asphalt), 4.9.6 (Volatile Organic Compounds Used for Coating 
Paper, Fabric, Vinyl, Metal Furniture, Large Appliances, Magnet Wire, 
Flat Wood Paneling, Miscellaneous Metal Parts and Products, and Graphic 
Arts), 4.9.7 (Perchlorethylene Dry Cleaning Plants), 4.9.8 (Compliance 
Schedule); 4.9.9 (Compliance Schedule) was deleted.
    (ii) Additional material. (A) May 9, 1991, letter from F. Burnell 
Cordner, Executive Secretary, Utah Air Conservation Committee, to 
Douglas Skie, EPA. This letter provided final changes to R446-1-4.9, 
indicated that these changes would become effective on June 15, 1991, 
and indicated that the State would submit the Ozone SIP revision package 
to EPA after the changes become effective.
    (B) July 25, 1991, letter from Norman H. Bangerter, Governor, State 
of Utah, to James Scherer, EPA. Official SIP submittal, transmitting 
revised Regulation R446-1-4.9, and other administrative materials. This 
letter provided a negative declaration for seven CTG source categories: 
large petroleum dry cleaners, manufacturers of high density 
polyethylene, polypropylene, polystyrene resins, manufacturers of 
synthesized pharmaceutical products, manufacturers of pneumatic rubber 
tires, natural gas/gas processing plants, and synthetic organic chemical 
manufacturing industries (SOCMI) with fugitive emissions and/or air 
oxidation processes.
    (C) September 5, 1991, letter from F. Burnell Cordner, Executive 
Secretary, Utah Air Quality Board, to James Scherer, EPA. This letter 
provided a negative declaration for three CTG source categories: surface 
coating of cans, surface coating of metal coils, and surface coating of 
automobiles and light duty trucks.
    (D) January 30, 1992, letter from F. Burnell Cordner, Executive 
Secretary, Utah Air Quality Board, to Doug Skie, EPA. This letter 
contained the State's commitment to conduct capture efficiency testing 
using the most recent EPA capture efficiency protocols, and the 
commitment to adopt federal capture efficiency test methods after they 
are officially promulgated by EPA.
    (25) The Governor of Utah submitted a PM10 State 
Implementation Plan (SIP) for Salt Lake and Utah Counties,

[[Page 906]]

Utah with a letter dated November 15, 1991. The submittals were made to 
satisfy those moderate PM10 nonattainment area SIP 
requirements due for Salt Lake and Utah Counties as outlined in the 
Clean Air Act of 1990. The Governor's submittal also included revisions 
to the Utah Air Quality Rules and to other sections of the State-wide 
SIP. The Utah Air Conservation Regulations have been revised and 
renumbered over the past decade and are being replaced in its entirely 
with this Governor's submittal.
    (i) Incorporation by reference.
    (A) Utah Air Conservation Regulations, printed January 27, 1992.
    (B) Utah State Implementation Plan, Section 1-7 and 10-15, effective 
March 31, 1992.
    (C) Utah State Implementation Plan, Section 9, Part A and Section 9, 
Part A, Appendix A effective August 14, 1991.
    (26) On November 9, 1992, Norman Bangerter, the Governor of Utah, 
submitted a SIP revision to the Utah Implementation Plan and Utah Air 
Conservation Regulations. This revision establishes and requires the 
implementation of oxygenated fuel programs in Provo-Orem and Salt Lake-
Ogden Metropolitan Statistical Areas as required by section 211(m) of 
the Clean Air Act Amendments of 1990.
    (i) Incorporation by reference.
    (A) R307-8; Oxygenated Gasoline Program, of the Utah Air 
Conservation Regulations as adopted by the State, effective December 16, 
1993.
    (ii) Additional materials.
    (A) Letter dated November 9, 1992, from Governor Norman Bangerter 
submitting the oxygenated gasoline program SIP revision.
    (B) Letter dated May 19, 1994, from Governor Michael O. Leavitt 
submitting the oxygenated gasoline program SIP revision.
    (27) The Governor of Utah submitted a Section 16, Stack Height 
Demonstration and Section 9, Part B, Sulfur Dioxide of the Utah State 
Implementation Plan (SIP) a letter dated December 23, 1991, and May 15, 
1992, respectively. The Governor's submittal also included statewide 
SO2 regulations.
    (i) Incorporation by reference.
    (A) Utah State Implementation Plan, Section 16, effective December 
16, 1991.
    (B) Utah State Implementation Plan, Section 9, Part B effective June 
15, 1992.
    (C) Utah Air Conservation Regulations, R307-1-4. Emission Standards: 
changes to 4.2 Sulfur Content of Fuels and 4.6.2, effective June 15, 
1992.
    (28) On November 12, 1993, the Governor of Utah submitted revisions 
to its permitting requirements to satisfy the nonattainment new source 
review provisions in the amended Clean Air Act for all of its 
nonattainment areas. On May 20, 1994, the Governor of Utah submitted a 
revision to Utah's definition of volatile organic compounds.
    (i) Incorporation by reference.
    (A) Utah Air Conservation Regulations, R307-1-1, the forward and the 
following definitions: ``air contaminant,'' ``air contaminant source,'' 
``air pollution,'' ``allowable emissions,'' ``ambient air,'' ``best 
available control technology (BACT),'' ``board,'' ``department,'' 
``dispersion technique,'' ``emission limitation,'' ``executive 
director,'' ``executive secretary,'' ``major modification,'' ``major 
source,'' ``PM-10 precursor,'' ``person,'' ``temporary,'' and ``volatile 
organic compound (VOC);'' effective November 15, 1993, printed June 24, 
1994.
    (B) Utah Air Conservation Regulations, R307-1-3.1.8, R307-1-3.1.10, 
and R307-1-3.3; effective August 16, 1993, printed May 26, 1994.
    (ii) Additional material.
    (A) Letter dated October 18, 1994 from Russell A. Roberts to Douglas 
M. Skie clarifying applicability of Utah's nonattainment new source 
review permitting requirements.
    (29) Revisions to the Utah State Implementation Plan for the 1990 
Carbon Monoxide Base Year emission inventories for Ogden City, Salt Lake 
City, and Utah County were submitted by the Governor in a letter dated 
July 11, 1994.
    (i) Incorporation by reference.
    (A) Carbon Monoxide 1990 Base Year Emission Inventories for Ogden 
City, Utah SIP, Section IX, Part C.3., Table IX.C.5; Salt Lake City, 
Utah SIP, Section IX, Part C.3., Table IX.C.4; and Utah County, Utah 
SIP, Section IX, Part C.6., Table IX.C.10 all of which became effective 
on August 31, 1994.

[[Page 907]]

    (30) On November 9, 1992, the Governor of Utah submitted a plan for 
the establishment and implementation of a Small Business Assistance 
Program to be incorporated into the Utah State Implementation Plan as 
required by section 507 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Utah Code, Title 19, Chapter 2, Air Conservation Act, Sections 
19-2-109.1 and 19-2-109.2, to establish and fund a small business 
stationary source technical and environmental compliance assistance 
program, effective April 27, 1992.
    (ii) Additional materials.
    (A) November 9, 1992 letter from the Governor of Utah submitting a 
Small Business Assistance Program plan to EPA.
    (B) The State of Utah plan for the establishment and implementation 
of a Small Business Assistance Program, promulgated September 30, 1992 
by the Utah Air Quality Board, effective December 1, 1992.
    (31) On February 1, 1995, the Governor of Utah submitted revisions 
to the prevention of significant deterioration permitting regulations in 
R307-1-1 and R307-1-3 of the Utah Air Conservation Regulations to 
incorporate changes in the Federal PSD permitting regulations for PM-10 
increments and to make other minor, administrative changes.
    (i) Incorporation by reference.
    (A) Revisions to the Utah Air Conservation Regulations, R307-1-1, 
the definitions of ``baseline area,'' ``baseline date,'' ``net emissions 
increase,'' and ``significant,'' effective 9/22/94, printed 10/24/94.
    (B) Revisions to the Utah Air Conservation Regulations, R307-1-3, 
Sections 3.6.2.B, 3.6.2.D, 3.6.2.E, 3.6.3.A, 3.6.3.B, 3.6.3.D.(2) and 
(3), 3.6.4.A.(1), 3.6.4.C, 3.6.4.D, 3.6.5.A, 3.6.5.B.(1)(a), 3.6.5.C, 
3.6.5.D, 3.6.5.E, 3.6.5.F, and 3.6.6, effective 10/1/94, printed 10/24/
94.
    (32)-(33) [Reserved]
    (34) Revisions to the Utah State Implementation Plan for the 
Emission Statement Inventory regulation, UACR R307-1-3.5.4., revision of 
the ozone nonattainment area designation definition, UACR R307-1-3.3.3C, 
and other minor changes to definitions in UACR R307-1-1. were submitted 
by the Governor in a letter dated November 12, 1993.
    (i) Incorporation by reference.
    (A) Emission Statement Inventory regulation, UACR R307-1-3.5.4, 
ozone nonattainment area designation definition, UACR R307-1-3.3.3C, and 
the following definitions in UACR R307-1-1.; ``Control Apparatus'', 
``Emissions Information'', ``Peak Ozone Season'', ``Process Level'', and 
``Process Rate''. All were adopted on August 4, 1993, and became 
effective on November 15, 1993.
    (B) A letter dated May 30, 1995, from Russell Roberts, Director, 
Utah Division of Air Quality to Douglas Skie, Chief, Air Programs Branch 
for Region 8.
    (35) [Reserved]
    (36) The Governor of Utah submitted a revision to Utah's State 
Implementation Plan (SIP) for Visibility Protection with a letter dated 
July 25, 1996. The revision was made to add a new subsection 15.10 to 
the SIP to include a policy statement regarding scenic views which was 
deleted from the Utah Air Conservation Regulations.
    (i) Incorporation by reference.
    (A) Utah State Implementation Plan, Subsection 15.10, Policy of the 
Air Conservation Committee Concerning the Protection of Scenic Views 
Associated with Mandatory Class I Areas from Significant Impairment for 
Visibility, adopted on March 26, 1993, and effective on March 29, 1993.
    (ii) Additional material.
    (A) A July 25, 1996 letter from Michael O. Leavitt, Utah Governor, 
to Jack McGraw, EPA Region VIII Acting Regional Administrator, in which 
it was communicated, among other things, that the Utah Air Quality Board 
deleted R307-5 from the Utah Air Conservation Regulations. The deletion 
was effective March 29, 1993.
    (37) On November 20, 1996, the Governor of Utah submitted a revision 
to the Utah State Implementation Plan. The submittal included a new Utah 
regulation which incorporates by reference the Federal new source 
performance standards in 40 CFR part 60, as in effect on March 12, 1996.
    (i) Incorporation by reference.
    (A) Utah Air Conservation Regulations, R307-18-1, ``Standards of 
Performance for New Stationary Sources

[[Page 908]]

(NSPS),'' effective September 9, 1996, printed October 19, 1996.
    (38) Revisions to the Utah State Implementation Plan, Section IX, 
Control Measures for Area and Point Sources, Part D, Ozone; Section X, 
Vehicle Inspection and Maintenance Program, Part A, General Requirements 
and Applicability; Section X, Vehicle Inspection and Maintenance 
Program, Part B, Davis County; Section X, Vehicle Inspection and 
Maintenance Program, Part C, Salt Lake County; Section X, Vehicle 
Inspection and Maintenance Program, Part E, Weber County; UACR R307-1-
3.3.3.C., a portion of Control of Installations; UACR R307-1-
3.5.3.B.(1), a portion of Emission Statement Inventory; all as submitted 
by the Governor on February 19, 1997. EPA approved the above provisions. 
In addition, EPA approved, for the limited purpose of strengthening the 
SIP, revisions to UACR R307-14, Requirements for Ozone Nonattainment 
Areas and Davis and Salt Lake Counties, as submitted by the Governor on 
February 6, 1996.
    (i) Incorporation by reference.
    (A) UACR R307-2-13 adopted by the Utah Air Quality Board on January 
8, 1997, effective March 4, 1997, including Section IX, Part D.2 of the 
Utah State Implementation Plan (SIP) that such rule incorporates by 
reference (Ozone Maintenance Provisions for Salt Lake and Davis 
Counties, adopted by the Utah Air Quality Board on January 8, 1997), and 
excluding any other provisions that such rule incorporates by reference.
    (B) The following State Approval Orders (AO): Pacificorp Gadsby 
Power Plant AO DAQE-0063-94 dated February 3, 1994, Kennecott Utah 
Copper Utah Power Plant AO DAQE-433-94 dated May 27, 1994, Hill Air 
Force Base (HAFB) AO DAQE-163-96 dated February 9, 1996, HAFB AO DAQE-
1134-95 dated December 7, 1995, HAFB AO DAQE-860-95 dated September 20, 
1995, HAFB AO DAQE-775-95 dated August 30, 1995, HAFB AO DAQE-403-95 
dated May 8, 1995, HAFB AO DAQE-067-95 dated January 31, 1995, HAFB AO 
DAQE-068-95 dated January 30, 1995, HAFB AO DAQE-915-94 dated October 
18, 1994, HAFB AO DAQE-824-94 dated September 29, 1994, HAFB AO DAQE-
0752-93 dated August 27, 1993, HAFB AO DAQE-0719-93 dated August 20, 
1993, HAFB AO DAQE-0103-93 dated February 11, 1993, HAFB AO DAQE-1171-92 
dated January 4, 1993, HAFB AO DAQE-416-92 dated April 28, 1992, HAFB AO 
DAQE-167-92 dated February 19, 1992, HAFB AO DAQE-894-91 dated November 
25, 1991, HAFB AO BAQE-039-91 dated February 7, 1991, HAFB AO BAQE-669-
88 dated December 20, 1988, HAFB AO BAQE-525-88 dated October 13, 1988, 
HAFB AO BAQE-353-88 dated July 21, 1988, HAFB AO BAQE-026-88 dated 
January 20, 1988, HAFB AO for Industrial Wastewater Treatment Facility 
dated February 20, 1986, HAFB AO for Hydrazine Exhaust Incinerator dated 
February 5, 1985, HAFB AO for Paint Booth, HVAC Modification, Standby 
Generators, and Fuel Storage dated July 18, 1983, HAFB AO for Remodeling 
Base Exchange BX Service Station dated July 12, 1979, HAFB AO for 
Construction dated June 27, 1978, and the Olympia Sales Company AO DAQE-
300-95 dated April 13, 1995.
    (C) UACR R307-2-18, adopted by the Utah Air Quality Board on 
February 5, 1997, effective February 14, 1997. This rule incorporates by 
reference Section X, Part A of the Utah State Implementation Plan, 
Vehicle Inspection and Maintenance Program, General Requirements and 
Applicability.
    (D) UACR R307-2-31, adopted by the Utah Air Quality Board on 
February 5, 1997, effective February 14, 1997. This rule incorporates by 
reference Section X, Part B of the Utah State Implementation Plan, 
Vehicle Inspection and Maintenance Program, Davis County.
    (E) UACR R307-2-32, adopted by the Utah Air Quality Board on 
February 5, 1997, effective February 14, 1997. This rule incorporates by 
reference Section X, Part C of the Utah State Implementation Plan, 
Vehicle Inspection and Maintenance Program, Salt Lake County.
    (F) UACR R307-2-34, adopted by the Utah Air Quality Board on 
February 5, 1997, effective February 14, 1997. This rule incorporates by 
reference Section X, Part E of the Utah State Implementation Plan, 
Vehicle Inspection and Maintenance Program, Weber County.
    (G) UACR R307-1-3.3.3.C., a portion of Control of Installations, as 
adopted by

[[Page 909]]

the Utah Air Quality Board on January 8, 1997, effective January 15, 
1997.
    (H) UACR R307-1-3.5.3.B.(1), a portion of Emission Statement 
Inventory regulation, as adopted by the Utah Air Quality Board on 
January 8, 1997, effective January 15, 1997.
    (I) UACR R307-14-1, Requirements for Ozone Nonattainment Areas and 
Davis and Salt Lake Counties, adopted by the Utah Air Quality Board on 
August 9, 1995, effective on August 15, 1995.
    (39) Revisions to the Utah State Implementation Plan, Section IX, 
Control Measures for Area and Point Sources, Part C, Carbon Monoxide as 
submitted by the Governor on December 6, 1996 (with minor mathematical 
corrections submitted by the Utah Division of Air Quality on August 12, 
1998), excluding Section IX, Part C.7.f.(3) of the plan, ``Emissions 
Credit Allocation,'' as EPA is not taking any action on that section of 
the plan. UACR R307-1-3.3 Requirements for Nonattainment and Maintenance 
Areas--New and Modified Sources; as submitted by the Governor on 
November 24, 1995.
    (i) Incorporation by reference.
    (A) UACR R307-2-12, adopted by the Utah Air Quality Board on August 
7, 1996 and September 4, 1996, effective November 1, 1996, as modified 
through a notice of nonsubstantive rule change dated July 14, 1998, 
effective July 27, 1998, to correct minor mathematical errors in Section 
IX, Part C.7.f.(2) of the Utah State Implementation Plan (SIP). UACR 
R307-2-12 incorporates by reference a number of provisions of the Utah 
SIP, only some of which are relevant to this rulemaking action. EPA's 
incorporation by reference of UACR R307-2-12 only extends to the 
following Utah SIP provisions and excludes any other provisions that 
UACR R307-2-12 incorporates by reference:
    Section IX, Part C.7 (except for Section IX, Part C.7.f.(3)), Carbon 
Monoxide Maintenance Provisions for Salt Lake City, adopted by Utah Air 
Quality Board on August 7, 1996, and September 4, 1996, effective 
November 1, 1996, as modified by the nonsubstantive rule change noted 
above.
    (B) UACR R307-1-3.3, a portion of Requirements for Nonattainment and 
Maintenance Areas--New and Modified Sources, as adopted by the Utah Air 
Quality Board on October 4, 1995, December 6, 1995, effective January 
31, 1996.
    (ii) Additional material.
    (A) February 19, 1998, letter from Ursula Trueman, Director, Utah 
Division of Air Quality, Department of Environmental Quality to Richard 
R. Long, Director, Air and Radiation Program, EPA Region VIII, entitled 
``DAQS-0188-98; Technical Support Documents--Ogden City and Salt Lake 
City CO Maintenance Plans.'' This letter confirmed that all the emission 
projections, contained in the technical support documents for both the 
Salt Lake City and Ogden City redesignation requests, were properly 
adopted by the Utah Air Quality Board in accordance with the Utah Air 
Quality Rules.
    (B) Materials from Jan Miller, Utah Division of Air Quality, 
Department of Environmental Quality, received by Tim Russ, Air and 
Radiation Program, EPA Region VIII, displaying the minor mathematical 
corrections to the on-road mobile source emission budgets in Section IX, 
Part C. 7.f.(2) of the Salt Lake City CO Maintenance Plan. These 
nonsubstantive changes were made in accordance with the Utah Air Quality 
Rules and were effective July 27, 1998.
    (40) The Governor of Utah submitted revisions to the Utah State 
Implementation Plan to revise Utah's definition of a volatile organic 
compound (VOC) and to include nonsubstantive wording changes regarding 
VOC emissions from air strippers and soil venting operations. The 
revisions to the VOC definition, found in UACR R307-1-1, were submitted 
by the Governor on November 8, 1995, February 12, 1996, November 20, 
1996, May 15, 1997, and June 10, 1998. The revisions submitted November 
8, 1995, February 12, 1996, November 20, 1996, and May 15, 1997, deleted 
volatile methyl siloxanes, parachlorobenzotrifluoride (PCBTF), acetone, 
perchloroethylene (PERC), HFC 43-10mee, HCFC 225ca and HCFC 225cb from 
the definition of VOCs. The June 10, 1998 submittal incorporated the 
deletion of 16 more pollutants from the federal list that were 
determined to have a negligible contribution to tropospheric ozone 
formation; the compounds are: HFC-32, HFC-161, HFC-236fa, HFC-245ca, 
HFC-245ea, HFC-

[[Page 910]]

245eb, HFC-245fa, HFC-236ea, HFC-365mfc, HCFC-31, HCFC-123a, HCFC-151a, 
C4F9OCH3, 
(CF3)2CFCF2OCH3, 
C4F9OC2H5, and 
(CF3)2CFCF2OC2H5 
(compound names only are listed here, refer to 62 FR 44901, August 25, 
1997 for the chemical name and 62 FR 44903, August 25, 1997 for the 
complete list of exempted VOCs). A second February 12, 1996 Governor's 
submittal contained minor wording revisions which were made to UACR 
R307-6-1 regarding VOC emissions from air strippers and soil venting 
operations. The revision submitted November 20, 1996 also repealed UACR 
R307-14-8 which had addressed requirements for perchloroethylene dry 
cleaning plants located in ozone nonattainment and maintenance areas.
    (i) Incorporation by reference.
    (A) UACR R307-1-1, a portion of Forward and Definitions, definition 
of VOC, as adopted by the Utah Air Quality Board on January 7, 1998, 
effective January 8, 1998.
    (B) UACR R307-6, a portion of De minimis Emissions from Air 
Strippers and Soil Venting Projects, nonsubstantive wording changes, 
effective October 1, 1995.
    (41) On July 11, 1994 the Governor of Utah submitted revisions to 
the Utah State Implementation Plan (SIP) to revise the definition for 
``Sole Source of Heat'' under UACR R307-1-1, ``Foreword and 
Definitions,'' to allow the exemption of those households with small 
portable heating devices from mandatory no-burn periods. This revision 
also made changes to the residential woodburning regulations under UACR 
R307-1-4.13.3 ``No-Burn Periods,'' which specifies the actions which 
must be taken if contingency measures are implemented in the Salt Lake, 
Davis or Utah County nonattainment areas. These plans were requested to 
be withdrawn by the Governor in a November 9, 1998, letter to the 
Regional Administrator. EPA returned the portions of these plans with a 
letter to the Governor on January 29, 1999. A nonsubstantive change was 
made in this section as a result of the revision which moves section 
4.13.3 D to section 4.13.3.E; this change was also approved by EPA. On 
February 6, 1996 the Governor of Utah submitted revisions to the Utah 
State Implementation Plan to revise Utah's open burning regulations, 
under UACR R307-1-2.4, to require that the local county fire marshal 
establish 30-day open burning windows during the spring and fall closed 
burning seasons in areas outside of Salt Lake, Davis, Weber, and Utah 
Counties as granted by the state forester. There were also minor changes 
made to the open burning regulations under UACR R307-1-2.4, ``General 
Burning'' and minor changes made to UACR R307-1-2.5 ``Confidentiality of 
Information.'' On July 9, 1998 the Governor of Utah submitted revisions 
to the Utah SIP to add a definition for ``PM10 Nonattainment 
Area,'' under UACR R307-1-1, ``Foreword and Definitions.''
    (i) Incorporation by reference.
    (A) UACR R307-1-1, a portion of ``Foreword and Definitions,'' 
revision of definition for ``Sole Source of Heat,'' as adopted by Utah 
Air Quality Board on December 9, 1993, effective on January 31, 1994.
    (B) UACR R307-1-4, a portion of ``Emissions Standards,'' as adopted 
by Utah Air Quality Board on December 9, 1993, effective on January 31, 
1994.
    (C) UACR R307-1-2, a portion of ``General Requirements,'' open 
burning changes and nonsubstantive wording changes, as adopted by Utah 
Air Quality Board on September 6, 1995, effective on October 31, 1995.
    (D) UACR R307-1-1, a portion of ``Foreword and Definitions,'' 
addition of definition for ``PM10 Nonattainment Area,'' as 
adopted by Utah Air Quality Board on January 7, 1998, effective on 
January 8, 1998.
    (ii) Additional Material.
    (A) July 20, 1998, fax from Jan Miller, Utah Department of Air 
Quality, to Cindy Rosenberg, EPA Region VIII, transmitting Utah Code 
65A-8-9, regarding closed fire seasons.
    (B) October 21, 1998, letter from Richard R. Long, Director, EPA Air 
and Radiation Program, to Ursula Trueman, Director, Utah Division of Air 
Quality, requesting that Utah withdraw the submitted Salt Lake and Davis 
County PM10 Contingency Measure SIP revisions, the Utah 
County PM10 Contingency Measure SIP revisions, and the 
Residential Woodburning in Salt Lake, Davis and Utah Counties 
PM10 Contingency Measure SIP revision.

[[Page 911]]

    (C) November 9, 1998, letter from the Governor of Utah, to William 
Yellowtail, EPA Region VIII Administrator, requesting that the submitted 
Salt Lake and Davis County and Utah County PM10 Contingency 
Measure SIP revisions and the Residential Woodburning in Salt Lake, 
Davis and Utah Counties PM10 Contingency Measure SIP revision 
be withdrawn.
    (D) December 16, 1998, letter from Larry Svoboda, EPA Region VIII, 
to Ursula Trueman, Utah Department of Air Quality, clarifying revisions 
that were made to UACR R307-1-4.
    (E) January 5, 1999, letter from Ursula Trueman, Utah Department of 
Air Quality, to William Yellowtail, EPA Region VIII Administrator, 
concurring on EPA's clarification of revisions that were made to UACR 
R307-1-4.
    (F) January 29, 1999, letter from William Yellowtail, EPA Region 
VIII Administrator, to the Governor of Utah returning the Salt Lake and 
Davis County and Utah County PM10 Contingency Measure SIP 
revisions and the Residential Woodburning in Salt Lake, Davis and Utah 
Counties PM10 Contingency Measure SIP revision.
    (42) On February 12, 1996, the Governor of Utah submitted revisions 
submitted revisions to the SIP that incorporate the General Conformity 
requirements of 40 CFR part 93, subpart B into the SIP and State 
regulation.
    (i) Incorporation by reference.
    (A) UACR R307-2-30, Section XXII, General Conformity, as adopted on 
October 4, 1995, effective October 12, 1995.
    (B) UACR R307-19, General Conformity, as adopted on October 4, 1995, 
effective October 12, 1995.
    (43) On February 1, 1995 the Governor of Utah submitted revisions to 
the Utah SIP to revise the provisions for road salting and sanding in 
Section 9, part A of the SIP and in UACR R307-1-3, updating the 
incorporation by reference in R307-2-1, deleting obsolete measures for 
nonferrous smelters in R307-1-3, and making nonsubstantive changes to 
UACR R307-1-1 and R307-1-3.
    (i) Incorporation by reference.
    (A) UACR R307-1-3, a portion of ``Control of Installations,'' 
revisions to road salting and sanding requirements and deletion of non 
ferrous smelter orders, as adopted by Utah Air Quality Board on November 
5, 1993, effective on January 3, 1994.
    (B) UACR R307-2-1, ``Incorporation by Reference,'' revised date for 
incorporation by reference of the State Implementation Plan, as adopted 
by Utah Air Quality Board on January 31, 1994.
    (C) UACR R307-1-1, ``Foreword and Definitions,'' nonsubstantive 
change made to definition of ``PM10 precursor,'' effective on 
June 1, 1994.
    (D) UACR R307-1-3, ``Control of Installations,'' nonsubstantive 
changes to road salting and sanding, effective on June 1, 1994.
    (ii) Additional Material.
    (A) February 22, 1999 letter from Ursula Trueman, Director, Utah 
Division of Air Quality, to Richard Long, Director, EPA Region VIII Air 
and Radiation Program, transmitting nonsubstantive change correction to 
R307-2-1, ``Incorporation by Reference,'' that was left out of the 
February 1, 1995 SIP submittal.
    (B) March 16, 1999 letter from Larry Svoboda, Unit Leader, EPA 
Region VIII Air and Radiation Program, to Ursula Trueman, Director, Utah 
Division of Air Quality, explaining EPA's interpretation of 
nonsubstantive revision to definition of ``PM10 precursor.''
    (C) April 28, 1999 letter from Richard Sprott, Planning Branch 
Manager, Utah Division of Air Quality, to Larry Svoboda, Unit Leader, 
EPA Region VIII Air and Radiation Program, providing explanation for and 
background to the ``PM10 precursor'' definition.
    (D) August 26, 1999 fax from Jan Miller, Utah Division of Air 
Quality, to Cindy Rosenberg, EPA Region VIII Air and Radiation Program, 
transmitting documentation for effective date of the ``PM10 
precursor'' definition.
    (44) On February 29, 2000, the Governor of Utah submitted revisions 
to Section XI of the SIP that incorporate a new transportation control 
measure for Utah County into the SIP and State regulation.
    (i) Incorporation by reference.
    (A) UACR R307-110-19, Section XI, Other Control Measures for Mobile 
Sources, as adopted on February 9, 2000, effective February 10, 2000.
    (B) Revisions to Section XI of the Utah SIP, Other Control Measures 
for

[[Page 912]]

Mobile Sources, adopted February 9, 2000, effective February 10, 2000.
    (45) Revisions to the Utah State Implementation Plan, Section IX, 
Control Measures for Area and Point Sources, Part C, Carbon Monoxide 
(``Carbon Monoxide Maintenance Provisions for Ogden City'') as submitted 
by the Governor on December 9, 1996, excluding section IX, part 
C.8.f.(3) of the plan, ``Emissions Credit Allocation,'' as EPA is not 
taking any action on that section of the plan. UACR R307-8; Oxygenated 
Gasoline Program as submitted by the Governor on July 8, 1998.
    (i) Incorporation by reference.
    (A) UACR R307-2-12, section IX, part C of the Utah State 
Implementation Plan (SIP), adopted by the Utah Air Quality Board on 
August 7, 1996, and September 4, 1996, effective November 1, 1996. EPA's 
incorporation by reference of UACR R307-2-12 only extends to the 
following Utah SIP provisions and excludes any other provisions that 
UACR R307-2-12 incorporates by reference:
    Section IX, part C.8 (except for section IX, part C.8.f.(3)), 
``Carbon Monoxide Maintenance Provisions for Ogden City,'' adopted by 
Utah Air Quality Board on August 7, 1996, and September 4, 1996, 
effective November 1, 1996.
    (B) UACR R307-8, Oxygenated Gasoline Program, as adopted by the Utah 
Air Quality Board on April 21, 1998, effective April 22, 1998.
    (ii) Additional materials.
    (A) February 19, 1998, letter from Ursula Trueman, Director, Utah 
Division of Air Quality, Department of Environmental Quality to Richard 
R. Long, Director, Air and Radiation Program, EPA Region VIII, entitled 
``DAQS-0188-98; Technical Support Documents--Ogden City and Salt Lake 
City CO Maintenance Plans.'' This letter confirmed that all the emission 
projections contained in the technical support documents for both the 
Salt Lake City and Ogden City redesignation requests were properly 
adopted by the Utah Air Quality Board in accordance with the Utah Air 
Quality Rules.
    (B) July 17, 2000, letter from Richard Long, Director, Air and 
Radiation Program, EPA Region VIII, to Ursula Kramer, Director, Utah 
Division of Air Quality, Department of Environmental Quality, entitled 
``Federal Register Action for the Ogden City Carbon Monoxide (CO) 
Redesignation--Resolution of Issues with the Conformity Budgets.''
    (C) September 11, 2000, letter from Rick Sprott, Acting Director, 
Utah Division of Air Quality, Department of Environmental Quality, to 
Richard Long, Director, Air and Radiation Program, EPA Region VIII, 
entitled ``DAQP-131-00; Ogden City Carbon Monoxide (CO) Redesignation--
Resolution of Issues with the Conformity Budgets.'' This letter provided 
clarification regarding the transportation conformity budgets in section 
IX.C.8 of the Ogden City maintenance plan SIP revision.
    (46) On April 19, 2000, the Governor of Utah submitted revisions to 
the State's Air Conservation Regulations to update the definitions for 
``significant'' and ``volatile organic compound'' to be in agreement 
with the federal definitions found at 40 CFR 51.166(23)(i) and 40 CFR 
51.100(s)(1), July 1, 1998, respectively.
    (i) Incorporation by reference.
    (A) Utah Air Conservation Regulations section R307-101-2, 
definitions of ``significant'' and ``volatile organic compound'' (VOC), 
effective April 8, 1999.
    (47) The Governor of Utah submitted a request to repeal sections 
R307-1-4.11 and R307-2-28, and revise R307-7of the Utah Air Conservation 
Regulations (UACR) on June 17, 1998. R307-1-4.11 is removed from the 
SIP. No action was taken on the repeal of R307-2-28 because it was never 
approved into the SIP.
    (i) Incorporation by reference.
    (A) UACR R307-7 effective November 15, 1996.
    (48) On August 14, 2001, the Governor of Utah submitted a revision 
to Utah's SIP to update UACR R307-110-33, Section X, Vehicle Inspection 
and Maintenance Program, Part C, Salt Lake County. The changes involve a 
demonstration that Salt Lake County's test and repair I/M network is as 
effective as a test only I/M network.
    (i) Incorporation by reference.
    (A) UACR R307-110-33, which incorporates by reference Utah SIP, 
Section

[[Page 913]]

X, Vehicle Inspection and Maintenance Program, Part C, Salt Lake County 
and appendices 1.a, 1.b, and 1.c, adopted by the UAQB August 1, 2001 and 
State effective on August 2, 2001.
    (49) On August 15, 2001, the Governor of Utah submitted a revision 
to Utah's SIP to update UACR R307-110-31, Section X, Vehicle Inspection 
and Maintenance Program, Part A, General Requirements and Applicability. 
This revision required the mandatory implementation of the inspection of 
vehicle On-Board Diagnostic (OBD) systems starting January 1, 2002 in 
all areas implementing an I/M program.
    (i) Incorporation by reference.
    (A) UACR R-307-110-31 which incorporates by reference Utah SIP, 
Section X, Vehicle Inspection and Maintenance Program, Part A, General 
Requirements and Applicability adopted by the UAQB on August 1, 2001 and 
State effective on August 2, 2001.
    (50) The Governor of Utah submitted Rule R307-110-34 and Section X, 
Vehicle Inspection and Maintenance Program, Part D, Utah County as part 
of the Utah State Implementation Plan on December 7, 2001.
    (i) Incorporation by reference.
    (A) Rule R307-110-34 and Section X, Vehicle Inspection and 
Maintenance Program, Part D, Utah County, including appendices 1 through 
6, as adopted by the Utah Air Quality Board on August 1, 2001, effective 
October 2, 2001, published in the Utah State Bulletin issue of September 
1, 2001.
    (ii) Additional Material.
    (A) Letter dated December 7, 2001 from Governor Michael O. Leavitt 
submitting Utah County's inspection and maintenance program state 
implementation plan revision.
    (B) Evaluation of the Utah County Inspection/Maintenance Program, 
dated May 20, 1999.
    (51) On May 13, 2002, the Governor of Utah submitted a revision to 
Utah's SIP involving a new rule R307-310 ``Salt Lake County: Trading of 
Emission Budgets for Transportation Conformity.'' R307-310 allows 
trading from the motor vehicle emissions budget for primary Particulate 
Matter of 10 microns or less in diameter (PM10) in the Salt 
Lake County PM10 SIP to the motor vehicle emissions budget 
for Nitrogen Oxides (NOX) in the Salt Lake County 
PM10 SIP. This trading mechanism allows Salt Lake County to 
increase their NOX budget in the Salt Lake County 
PM10 SIP by decreasing their PM10 budget by an 
equivalent amount. These adjusted budgets in the Salt Lake County 
PM10 SIP would then be used for transportation conformity 
purposes.
    (i) Incorporation by reference.
    (A) Rule R307-310 ``Salt Lake County: Trading of Emission Budgets 
for Transportation Conformity'', as adopted on May 13, 2002, by the Utah 
Air Quality Board, and State effective on May 13, 2002.
    (52) [Reserved]
    (53) On September 27, 2001, the Governor of Utah submitted a 
revision to Utah's SIP involving R307-301 ``Utah and Weber Counties: 
Oxygenated Gasoline Program.'' Specifically, the State revised R307-301-
3 ``Average Oxygen Content Standard'' to only require the implementation 
of a 2.7% oxygen by weight program and not a 3.1% program that the State 
had mandated in a 1998 revision.
    (i) Incorporation by reference.
    (A) Rule R307-301-3 ``Average Oxygen Content Standard'', as adopted 
on September 5, 2001, by the Utah Air Quality Board, and State effective 
on September 10, 2001. This rule supersedes and replaces R307-8-3.1.B.
    (54) On July 3, 2002, the Governor of Utah submitted a SIP revision 
revising the SIP for the Utah County nonattainment area for particulates 
of 10 microns in size or smaller (PM10). The Governor's 
submittal, among other things, revises the existing attainment 
demonstration in the approved PM10 SIP based on a short-term 
emissions inventory, establishes 24-hour emission limits for the major 
stationary sources in the Utah County PM10 nonattainment area 
and establishes motor vehicle emission budgets based on EPA's most 
recent mobile source emissions model, Mobile6.
    (i) Incorporation by reference.
    (A) Rule R307-110-10, which incorporates revisions to portions of 
the Utah State Implementation Plan, Section IX, ``Control Measures for 
Area and Point Sources,'' Part A, ``Fine Particulate Matter'' as adopted 
on July 3,

[[Page 914]]

2002, by the Utah Air Quality Board, and State effective on September 5, 
2002. (Section IX of the Utah SIP was formerly designated Section 9. The 
revisions to Section IX, Part A we are incorporating by reference with 
this action do not replace Section 9, Part A entirely, but revise 
portions of Section 9.A.3., 9.A.6, 9.A.7, 9.A.8, 9.A.9 of the previously 
approved Utah SIP and add a new Section IX.A.10.)
    (B) Rule R307-110-17, which incorporates revisions to portions of 
the Utah State Implementation Plan, Section IX, ``Control Measures for 
Area and Point Sources,'' Part H, ``Emission Limits,'' as adopted on 
June 5, 2002, by the Utah Air Quality, and State effective on September 
5, 2002. (Section IX, Part H of the Utah SIP was formerly designated 
Section 9, Appendix A. The revisions to Section IX, Part H we are 
incorporating by reference with this action replace the following 
sections of Section 9, Appendix A of the previously approved Utah SIP: 
Section 1.1 (General Requirements (Utah County)) and all subsections 
thereof; Section 1.2 (Particulate Emission Limitations (company 
specific)) and all subsections thereof.)
    (ii) Additional material.
    (A) Letter dated August 9, 2002 from Richard Sprott, Director, Utah 
Division of Air Quality, to Richard Long, Director, Air and Radiation 
Program, EPA Region 8, transmitting the chronology of how the Utah 
County PM10 SIP revision was adopted over two Utah Air 
Quality Board meetings (June 5, 2002 and July 3, 2002) and the 
justification for the nonsubstantive revisions made between the two 
adoption dates.
    (B) Letter dated July 3, 2002 from Governor Michael O. Leavitt, 
State of Utah, to Robert E. Roberts, Regional Administrator, EPA Region 
8, requesting EPA's approval of the Utah State Implementation Plan for 
PM10 in Utah County.
    (C) Commitment letter dated April 18, 2002 from Richard Sprott, 
Director, Utah Division of Air Quality, to Richard Long, Director, Air 
and Radiation Program, EPA Region 8, committing to work with us to 
address remaining issues with the PM10 SIPs for both the Utah 
and Salt Lake County nonattainment areas and with the Utah SIP in 
general. Utah will address these ongoing issues in a SIP revision (which 
may be in the form of a maintenance plan) that will be submitted by 
March 1, 2004.
    (D) Letter dated March 15, 2002 from, Richard Sprott, Director, Utah 
Division of Air Quality, to Richard Long, Director, Air and Radiation 
Program, EPA Region 8, accompanied by three volumes of Technical Support 
Documentation titled ``Supplement II-02 to the Technical Support 
Documentation for the State Implementation Plan for PM10'' 
for the Utah County PM10 SIP revision.
    (E) Utah's General Definition rule R307-101-2 as in effect at the 
time Utah adopted Section IX, Part H of the SIP revision on June 5, 
2002.
    (F) All portions of the July 3, 2002 Utah PM10 SIP 
revision submittal, other than any documents or provisions mentioned in 
paragraph (c)(54)(i) of this section.
    (55) [Reserved]
    (56) On June 27, 1994 and April 28, 2000, the Governor of Utah 
submitted revisions to the State Implementation Plan. On December 31, 
2002, the State of Utah submitted Supplemental Administrative 
Documentation. The June 27, 1994 submittal revises the numbering and 
format of Utah's State Implementation Plan (SIP). The April 28, 2000 and 
December 31, 2002 submittals contain non-substantive changes to correct 
minor errors in the June 27, 1994 submittal. The provisions identified 
below are approved into the SIP and supersede and replace the 
corresponding prior codification of the provisions of the SIP.
    (i) Incorporation by reference.
    (A) Utah State Implementation Plan Section I; Section II; Section 
III (except III.C); Section IV; Section V; Section VI; Section VII 
(except VII.D); Section IX, Part IX.B (except the title, IX.B.3.a, 
IX.B.3.d, IX.B.3.e, and IX.B.4); Section IX, Parts C, E, F and G (except 
the titles); Section IX, Part D.1 (except for the title and IX.D.1.d 
(5)); Section XI ( Appendix 1 and Appendix 2 only); Section XII; Section 
XIII; Section XIV (except Table IX.9); Section XV; Section XVI; Section 
XVII (except XVII.A,

[[Page 915]]

XVII.D and XVII.E); Section XVIII (except XVIII.B); and Section XIX, 
effective 11/12/93.
    (B) Utah State Implementation Plan Section IX, Part IX.B.3.d; 
Section IX, titles of Parts B, C, D.1, E, F and G; Section XIV, Table 
XIV.9; Section XVII, Parts XVII.A, XVII.D and XVII.E; and Section XVIII, 
Part XVIII.B, effective 2/25/2000.
    (C) Utah State Implementation Plan Section III, Part III.C; Section 
VII, Part VII.D; Section VIII; Section IX, Parts IX.B.3.a, IX.B.3.e, 
IX.B.4, IX.C.7.b(3), IX.C.7.h(3), IX.C.8.b(3), IX.C.8.f(1)(a), 
IX.C.8.h(3)(a), IX.C.8.h(3)(c), IX.D.1.d(5), IX.D.2.b, IX.D.2.d(1)(a), 
IX.D.2.e(1), IX.D.2.f(1)(a), IX.D.2.h (except IX.D.2.h(2)), IX.D.2.i and 
IX.D.2.j; and Section XXII, effective January 1, 2003.
    (ii) Additional Material.
    (A) October 3, 2002 letter from Rick Sprott, Utah Department of Air 
Quality, to Richard Long, EPA Region VIII, to address typographical 
errors and missing pages in the January 27, 1994 submittal.
    (B) [Reserved]
    (57) On September 7, 1999 and February 11, 2003, the Governor of 
Utah submitted revisions to the SIP. The submittals revise Utah's Air 
Conservation Regulations (UACR), R307-170, Continuous Emission 
Monitoring Program, by repealing and re-enacting the rule to clarify 
requirements of the rule. The revisions are being approved into the SIP.
    (i) Incorporation by reference.
    (A) UACR R307-170, effective 4/1/1999, except sections R307-170-4, 
R307-170-5 and R307-170-9.
    (B) UACR sections R307-170-4, R307-170-5 and R307-170-9, effective 
December 5, 2002.
    (58) On November 9, 2001 and September 16, 2003 the State of Utah 
submitted revisions to its State Implementation Plan (SIP) to 
incorporate new and revise existing definitions in the new source review 
(NSR) rules. The revisions update the State's NSR rules so that they are 
consistent with the revisions EPA made to its NSR rules on July 21, 
1992.
    (i) Incorporation by reference.
    (A) Revisions to the Utah Air Conservation Regulations, R307-101-2, 
the definitions ``Actual Emissions,'' ``Clean Coal Technology,'' ``Clean 
Coal Technology Demonstration Project,'' ``Electric Utility Steam 
Generating Unit,'' ``Emissions Unit,'' ``Pollution Control Project,'' 
and ``Representative Actual Annual Emissions,'' effective 7/12/01.
    (B) Revisions to the Utah Air Conservation Regulations, R307-101-2, 
the definitions ``Major Modification,'' ``Reactivation of Very Clean 
Coal-Fired Electric Utility Steam Generating Unit,'' ``Repowering,'' and 
``Temporary Clean Coal Technology Demonstration Project,'' effective 6/
1/03.
    (C) Revisions to the Utah Air Conservation Regulations, R307-405-1, 
the definition ``Major Modification'' effective 6/1/03.
    (59) On February 5, 2001, October 26, 2000, September 20, 1999, 
September 7, 1999, two State Implementation Plan (SIP) revisions 
submitted February 6, 1996 and one on January 27, 1995, the State of 
Utah submitted SIP revisions that recodifies Utah's rules that had 
previously been approved into Utah's SIP; removed from Utah's SIP 
language that is obsolete or is generally not related to attainment of 
the National Ambient Air Quality Standards (NAAQS) and is therefore not 
appropriate to be in Utah's SIP; and arranged rules to allow for a more 
coherent SIP structure.
    (i) Incorporation by Reference.
    (A) Utah Administrative Code (UAC) rule sections: R307-101-1 and 2 
with the exception of the definitions for ``actual emissions,'' ``major 
modification,'' ``part 70 source,'' ``significant,'' and ``volatile 
organic compound'' effective September 15, 1998; R307-102-1 through 
R307-102-6 effective September 15, 1998 and R307-102-1(2) effective 
August 3, 2000; R307-105-1 and R307-105-2 effective September 15, 1998, 
R307-107-1 through R307-107-6 effective September 15, 1998; R307-110-1 
through R307-110-9, R307-110-11, R307-110-13 through R307-110-15, R307-
110-18, R307-110-20 through R307-110-28, R307-110-30, and R307-110-32 
effective September 15, 1998; R307-115-1 effective September 15, 1998; 
R307-130-1 through R307-130-4 effective September 15, 1998; R307-165-1 
through R307-165-4 effective September 15, 1998; R307-201-1

[[Page 916]]

through R307-201-3 effective September 15, 1998; R307-202-1 through 
R307-202-6 effective September 15, 1998; R307-203-1 through R307-203-3 
effective September 15, 1998; R307-206-1 through R307-206-5 effective 
September 15, 1998; R307-302-1, R302-302-2 (except paragraph (4)) and 
R307-302-4 effective September 15, 1998; R307-305-1 through R307-305-7 
effective September 15, 1998; R307-307-1 through R307-307-3 effective 
September 15, 1998; R307-325-1 through R307-325-4 effective September 
15, 1998; R307-326-1 through R307-326-7 effective September 15, 1998; 
R307-327-1 through R307-327-3 effective September 15, 1998; R307-328-1 
through R307-328-5 effective September 15, 1998; R307-335-1 through 
R307-335-4 effective September 15, 1998; R307-340-1 through R307-340-13 
effective September 15, 1998; R307-341-1 through R307-341-3 effective 
September 15, 1998; R307-342-1 through R307-342-7 effective September 
15, 1998; R307-401-9 and R307-401-10(1) effective September 15, 1998; 
R307-403-1 through R307-403-9 effective September 15, 1998; R307-405-1 
through R307-405-8 effective September 15, 1998; R307-406-1 through 
R307-406-6 effective September 15, 1998; R307-413-7 effective September 
15, 1998; and R307-414-1 through R307-414-3 effective September 15, 
1998.
    (ii) Additional Material.
    (A) Outline for Utah's Rules Reorganization effective September 15, 
1998.
    (B) July 6, 2000 letter from Richard Long, EPA Region VIII to Ursula 
Kramer, Director, Utah Division of Environmental Quality requesting Utah 
to withdraw Utah SIP submittals dated April 30, 1998, October 9, 1998, 
and April 19, 2000.
    (C) October 6, 2000 letter from Richard Long, EPA Region VIII to 
Rick Sprott, Acting Director, Utah Division of Air Quality (UDAQ) 
notifying UDAQ of an October 6, 1995 EPA memorandum (included with the 
October 6, 2000 letter) stating that Clean Air Act section 172(c)(9) 
pertaining to contingency measures requirements would not apply to PM10 
nonattainment areas that had attained the standard with at least 3 years 
of clean air quality and as long as the area continued to attain the 
standard.
    (D) October 16, 2000 letter from Michael Leavitt, Governor of Utah 
to William Yellowtail, Regional Administrator, EPA Region VIII 
requesting the withdraw of Utah's SIP submittals dated April 30, 1998, 
October 9, 1998, and April 19, 2000.
    (E) April 2, 2002 letter from Richard Long, EPA Region VIII to Rick 
Sprott, Director, Utah Division of Air Quality informing UDAQ of our 
intent to not act on Utah's SIP submittal dated October 26, 2000 and our 
intent to remove existing asbestos rule language (R701-1-8) from Utah's 
federally approved SIP.
    (F) April 7, 2005 letter from Rick Sprott, Director, Utah Division 
of Air Quality agreeing with EPA on the exclusion of Utah rules R307-1-
6, R307-121, R307-122, R307-135, R307-214, R307-215, R307-220, R307-221, 
R307-320, R307-332, R307-415, R307-417, and R307-1-8 from Utah's 
federally approved SIP.
    (60) Revisions to the Utah State Implementation Plan, Section IX, 
Part C.7, ``Carbon Monoxide Maintenance Provisions for Salt Lake City,'' 
as submitted by the Governor on October 19, 2004; revisions to UAC R307-
110-12, ``Section IX, Control Measures for Area and Point Sources, Part 
C, Carbon Monoxide,'' as submitted by the Governor on October 19, 2004; 
revisions to the Utah State Implementation Plan, Section X, ``Vehicle 
Inspection and Maintenance Program, Part C, Salt Lake County,'' as 
submitted by the Governor on October 19, 2004; and revisions to UAC 
R307-110-33, ``Section X, Vehicle Inspection and Maintenance Program, 
Part C, Salt Lake County,'' as submitted by the Governor on October 19, 
2004.
    (i) Incorporation by reference.
    (A) UAC R307-110-12, as adopted by the Utah Air Quality Board on 
October 6, 2004, effective December 2, 2004. This incorporation by 
reference of UAC R307-110-12 only extends to the following Utah SIP 
provisions and excludes any other provisions that UAC R307-110-12 
incorporates by reference: Section IX, Part C.7, ``Carbon Monoxide 
Maintenance Provisions for Salt Lake City,'' adopted by Utah Air Quality 
Board on October 6, 2004, effective December 2, 2004.
    (B) UAC R307-110-33, ``Section X, Vehicle Inspection and Maintenance 
Program, Part C, Salt Lake County,'' as adopted by the Utah Air Quality 
Board

[[Page 917]]

on October 6, 2004, effective October 7, 2004.
    (61) Revisions to the Utah State Implementation Plan, Section IX, 
Part C.8, ``Carbon Monoxide Maintenance Provisions for Ogden,'' as 
submitted by the Governor on November 29, 2004; revisions to UAC R307-
110-12, ``Section IX, Control Measures for Area and Point Sources, Part 
C, Carbon Monoxide,'' as submitted by the Governor on November 29, 2004; 
revisions to the Utah State Implementation Plan, Section X, ``Vehicle 
Inspection and Maintenance Program, Part E, Weber County,'' as submitted 
by the Governor on November 29, 2004; and revisions to UAC R307-110-35, 
``Section X, Vehicle Inspection and Maintenance Program, Part E, Weber 
County,'' as submitted by the Governor on November 29, 2004.
    (i) Incorporation by reference.
    (A) UAC R307-110-12, as adopted by the Utah Air Quality Board on 
November 3, 2004, effective January 4, 2005. This incorporation by 
reference of UAC R307-110-12 only extends to the following Utah SIP 
provisions and excludes any other provisions that UAC R307-110-12 
incorporates by reference:
    Section IX, Part C.8, ``Carbon Monoxide Maintenance Provisions for 
Ogden,'' adopted by the Utah Air Quality Board on November 3, 2004, 
effective January 4, 2005.
    (B) UAC R307-110-35, ``Section X, Vehicle Inspection and Maintenance 
Program, Part E, Weber County,'' as adopted by the Utah Air Quality 
Board on November 3, 2004, effective November 4, 2004.
    (ii) Additional materials.
    (A) A July 28, 2005 letter from Jan Miller, Utah Department of 
Environmental Quality, to Kerri Fiedler, EPA Region VIII, to address 
typographical errors in the November 29, 2004 submittal.
    (B) An August 2, 2005 letter from Richard Sprott, Utah Department of 
Environmental Quality, to Gary House, Weber-Morgan Board of Health, 
addressing limits on Weber County authority to revise vehicle emission 
cutpoints.
    (62) Revisions to the Utah State Implementation Plan, ``Section IX, 
Part C.6, Carbon Monoxide Provisions for Provo,'' as submitted by the 
Governor on April 1, 2004; revisions to UAC R307-110-12, ``Section IX, 
Control Measures for Area and Point Sources, Part C, Carbon Monoxide,'' 
as submitted by the Governor on April 1, 2004; revisions to the Utah 
State Implementation Plan, ``Section X, Vehicle Inspection and 
Maintenance Program, Part A, General Requirements and Applicability,'' 
as submitted by the Governor on April 1, 2004; revisions to UAC R307-
110-31, ``Section X, Vehicle Inspection and Maintenance Program, Part A, 
General Requirements and Applicability,'' as submitted by the Governor 
on April 1, 2004; revisions to the Utah State Implementation Plan, 
``Section X, Vehicle Inspection and Maintenance Program, Part D, Utah 
County,'' as submitted by the Governor on April 1, 2004; revisions to 
UAC R307-110-34, ``Section X, Vehicle Inspection and Maintenance 
Program, Part D, Utah County,'' as submitted by the Governor on April 1, 
2004; the removal of UAC R307-301 from the Federally-approved SIP as 
requested by the Governor on April 1, 2004; and UAC R307-302-3, and UAC 
R307-302-4, ``No-Burn Periods for Carbon Monoxide'' and ``Violations,'' 
respectively, as submitted by the Governor on September 20, 1999.
    (i) Incorporation by reference.
    (A) UAC R307-110-12, as adopted by the Utah Air Quality Board on 
March 31, 2004, effective May 18, 2004. This incorporation by reference 
of UAC R307-110-12 only extends to the following Utah SIP provisions and 
excludes any other provisions that UAC R307-110-12 incorporates by 
reference: ``Section IX, Part C.6, Carbon Monoxide Provisions for 
Provo,'' adopted by the Utah Air Quality Board on March 31, 2004, 
effective May 18, 2004.
    (B) UAC R307-110-31, ``Section X, Vehicle Inspection and Maintenance 
Program, Part A, General Requirements and Applicability,'' as adopted by 
the Utah Air Quality Board on March 31, 2004, effective May 18, 2004.
    (C) UAC R307-110-34, ``Section X, Vehicle Inspection and Maintenance 
Program, Part D, Utah County,'' as adopted by the Utah Air Quality Board 
on March 31, 2004, effective May 18, 2004.
    (D) UAC R307-302-3, ``No-Burn Periods for Carbon Monoxide,'' as 
adopted

[[Page 918]]

by the Utah Air Quality Board on August 13, 1998, effective September 
15, 1998.
    (E) UAC R307-302-4, ``Violations,'' as adopted by the Utah Air 
Quality Board on August 13, 1998, effective September 15, 1998.
    (ii) Additional materials.
    (A) An August 2, 2005 letter from Richard Sprott, Utah Department of 
Environmental Quality, to Jerry Grover, Utah County Commission, 
addressing limits on Utah County authority to revise vehicle emission 
cut-points.
    (B) An August 19, 2005 letter from Richard Sprott, Utah Department 
of Environmental Quality, to Richard Long, EPA Region VIII, providing 
supplemental Technical Support Documentation to Volumes 11 and 12 of the 
State's Technical Support Document for the Provo area's carbon monoxide 
attainment demonstration and maintenance plan that was submitted by 
Governor Walker on April 1, 2004.
    (C) A September 8, 2005 letter from Jan Miller, Utah Department of 
Environmental Quality, to Kerri Fiedler, EPA Region VIII, to address 
typographical errors in ``Section X, Part D, Utah County Vehicle 
Emissions Inspection and Maintenance Program'' that was submitted by 
Governor Walker on April 1, 2004.
    (63) Revisions to the definition of ``Volatile Organic Compounds,'' 
in UAC rule R307-101-2, as submitted by the Governor on November 11, 
2005. Revisions to the definition of ``Clearing Index,'' in UAC rule 
R307-101-2, as submitted by the Governor on November 23, 2005.
    (i) Incorporation by reference.
    (A) Utah Administrative Code rule R307-101-2, as adopted by the Utah 
Air Quality Board on July 6, 2005, effective on July 7, 2005. This 
incorporation by reference extends only to the definition of Volatile 
Organic Compounds and excludes any other provisions that R307-101-02 
incorporates by reference.
    (B) Utah Administrative Code rule R307-101-2, as adopted by the Utah 
Air Quality Board on September 7, 2005, effective on September 8, 2005. 
This incorporation by reference extends only to the definition of the 
Clearing Index and excludes any other provisions that R307-101-2 
incorporates by reference.
    (64) Revisions to State Implementation Plan were submitted by the 
State of Utah on February 7, 2006. The revisions are to the Utah 
Administrative Code to revise the continuous emission monitoring 
requirements for performance audits of acid rain monitors and to correct 
several typographical and grammatical errors.
    (i) Incorporation by reference.
    (A) Utah Administrative Code sections: R307-170-7(1); 307-170-4; 
R307-170-5(1)(b); R307-170-5(7); R307-170-7(6); R307-170-7(6)(a) and 
(b); and in R307-170-9 sections (5)(a) and (d), (6)(b), (7)(a)(i), 
(7)(b), and (9)(a); effective January 5, 2006.
    (65) On March 22, 2007 the Governor of Utah submitted the addition 
to the Utah Administrative Code (UAC) of Rule R307-110-36. This rule 
incorporates by reference Section XXIII, Interstate Transport, of the 
Utah State Implementation Plan (SIP). The Interstate Transport 
declaration satisfies the requirements of Section 110(a)(2)(D)(i) of the 
Clean Air Act (CAA). On September 17, 2007, the Governor of Utah also 
submitted an amendment to the UAC Rule R307-130-4, ``Options,'' that 
removes from the text a typographical error. It removes the word ``not'' 
which had been accidentally placed in this rule.
    (i) Incorporation by reference.
    (A) Addition to the UAC of rule R307-110-36 that incorporates by 
reference Section XXIII, ``Interstate Transport,'' of the Utah SIP. Rule 
R307-110-36 was adopted by the UAQB on February 7, 2007, effective 
February 9, 2007, and it was submitted by the Governor to EPA on March 
22, 2007.
    (B) Revision to UAC Rule R307-130-4, ``Options.'' This revision 
removes from the text the word ``not.'' The amended text was adopted by 
the UAQB on June 21, 2007, effective July 13, 2007, and it was submitted 
by the Utah Governor to EPA on September 17, 2007.
    (ii) Additional material.
    (A) Replacement page for UAC Rule R307-110-36 attached to the March 
22, 2007 submittal letter by the Utah Governor to EPA. The new page 
correctly refers to Section XXIII of the Utah SIP instead of the 
incorrect reference to Section XXII included in the corresponding page 
submitted with the

[[Page 919]]

Administrative Documentation for Rule R307-110-36.
    (66) Revisions to the Utah State Implementation Plan, ``Section XII, 
Transportation Conformity Consultation,'' as submitted by the Governor 
on June 26, 2007; and revisions to UAC R307-110-20, ``Section XII, 
Transportation Conformity Consultation,'' as submitted by the Governor 
on June 26, 2007.
    (i) Incorporation by Reference.
    (A) UAC R307-110-20, ``Section XII, Transportation Conformity 
Consultation,'' as adopted by the Utah Air Quality Board on May 2, 2007, 
effective on May 2, 2007.
    (67) Revisions to the Utah State Implementation Plan, Sections R307-
101-2, ``Definitions,'' R307-115-1, ``Determining Conformity,'' R307-
170-7, ``Performance Specification Audits,'' R307-310-2, 
``Definitions,'' and R307-101-3, ``Version of CFR Incorporated by 
Reference,'' as submitted by the Governor on April 17, 2008.
    (i) Incorporation by Reference.
    (A) UAC R307-101-2, ``Definitions,'' as adopted by the Utah Air 
Quality Board on February 6, 2008, effective on February 8, 2008.
    (B) UAC R307-115-1, ``Determining Conformity,'' as adopted by the 
Utah Air Quality Board on February 6, 2008, effective on February 8, 
2008.
    (C) UAC R307-170-7, ``Performance Specification Audits,'' as by the 
Utah Air Quality Board adopted on February 6, 2008, effective on 
February 8, 2008.
    (D) UAC R307-310-2, ``Definitions,'' as adopted by the Utah Air 
Quality Board on February 6, 2008, effective on February 8, 2008.
    (E) UAC R307-101-3, ``Version of CFR Incorporated by Reference,'' as 
adopted by the Utah Air Quality Board on February 6, 2008, effective on 
February 8, 2008.
    (68) On September 7, 1999 and December 1, 2003 the State of Utah 
submitted revisions to its State Implementation Plan (SIP) to 
incorporate the requirements of the Consolidated Emission Reporting Rule 
(CERR). The revisions update the State's emission reporting rules so 
that they are consistent with the revisions EPA made to the CERR on June 
10, 2002.
    (i) Incorporation by reference.
    (A). Title R307 of the Utah Administrative Code, Rule 307-221 
EMISSION STANDARDS: EMISSION CONTROLS FOR EXISTING MUNICIPAL SOLID WASTE 
LANDFILLS, Rule 307-221-1, Purpose and Applicability. Effective January 
7, 1999. Published in the Utah State Bulletin, Volume 98, Number 22, 
November 15, 1998.
    (B). Title R307 of the Utah Administrative Code, Rule 307-150 
EMISSION INVENTORIES, Rule 150-1, Purpose and General Requirements; Rule 
150-2 Definitions; Rule 150-3 Applicability; Rule 307-150-5 Sources 
Identified in R307-150-3(2); Rule 307-150-6 Sources Identified in R307-
150-3(3); Rule 307-150-7 Sources Identified in R307-150-3(4). Effective 
December 31, 2003. Published in the Utah State Bulletin, Volume 23, 
Number 23, December 1, 2003.
    (ii) Additional Material.
    (A) October 15, 2002 letter from Richard Long, EPA Region VIII to 
Rick Sprott, Director, Utah Division of Air Quality (UDAQ) notifying 
UDAQ of the June 10, 2002 publication of the Consolidated Emission 
Reporting Rule (40 CFR Part 51, Subpart A) and the need for the State to 
update its emission inventory reporting requirements.

[37 FR 10898, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2320, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.2321  Classification of regions.

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

[[Page 920]]



----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Wasatch Front Intrastate.............................           I          I         I         I             I
Four Corners Interstate..............................          IA         IA       III       III           III
Utah Intrastate......................................         III        III       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10898, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]



Sec. 52.2322  Extensions.

    (a) The Administrator, by authority delegated under section 188(d) 
of the Clean Air Act, as amended in 1990, extends for one year (until 
December 31, 1995) the attainment date for the Salt Lake County 
PM10 nonattainment area. The Administrator, by authority 
delegated under section 188(d) of the Clean Air Act, as amended in 1990, 
extends for two years (until December 31, 1996) the attainment date for 
the Utah County PM10 nonattainment area.
    (b) [Reserved]

[66 FR 32760, June 18, 2001]



Sec. 52.2323  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Utah's plan as meeting the requirements of section 110 of the 
Clean Air Act as amended in 1977. Furthermore, the Administrator finds 
that the plan satisfies all requirements of Part D, Title 1, of the 
Clean Air Act as amended in 1977, except as noted below.

[45 FR 10765, Feb. 19, 1980]



Sec. Sec. 52.2324-52.2330  [Reserved]



Sec. 52.2331  Attainment dates for national standards.

    The attainment date for the secondary NAAQS for sulfur dioxide for 
Salt Lake County and portions of Tooele County is December 31, 1994.

[61 FR 16062, Apr. 11, 1996]



Sec. 52.2332  Control Strategy: Ozone.

    Determinations--EPA is determining that, as of July 18, 1995, the 
Salt Lake and Davis Counties ozone nonattainment area has attained the 
ozone standard based on air quality monitoring data from 1992, 1993, and 
1994, and that the reasonable further progress and attainment 
demonstration requirements of section 182(b)(1) and related requirements 
of section 172(c)(9) of the Clean Air Act do not apply to the area for 
so long as the area does not monitor any violations of the ozone 
standard. If a violation of the ozone NAAQS is monitored in the Salt 
Lake and Davis Counties ozone nonattainment area, these determinations 
shall no longer apply.

[60 FR 36729, July 18, 1995]



Sec. 52.2333  Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met 
since section 26-24-16 of the Utah Code Annotated (1953), may preclude 
the release of emission data, as correlated with applicable emission 
limitations, under certain circumstances.

[37 FR 15090, July 27, 1972, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. Sec. 52.2334-52.2345  [Reserved]



Sec. 52.2346  Significant deterioration of air quality.

    (a) The Utah plan, as submitted, is approved as meeting the 
requirements of Part C, Title I, of the Clean Air Act, except that it 
does not apply to sources proposing to construct on Indian Reservations.
    (b) Regulation for prevention of significant deterioration of air 
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are 
hereby incorporated and made a part of the Utah State implementation 
plan and are applicable to proposed major stationary sources or major 
modifications to be located on Indian Reservations.
    (c) The State of Utah has clarified the generalized language 
contained in

[[Page 921]]

the Utah Air Conservation Regulations on the use of the ``Guidelines on 
Air Quality Models.'' In a letter to Douglas M. Skie, EPA, dated May 26, 
1989, F. Burnell Cordner, Director of the Bureau of Air Quality, stated:

    * * * The language in section 3.7 of the Utah Air Conservation 
Regulations on the use of ``Guidelines on Air Quality Models'' means 
that all PSD permit reviews will comply with the use of the ``Guideline 
on Air Quality Models (Revised)'', EPA 450/2-78-027R, and any future 
supplements approved by EPA.

[47 FR 6428, Feb. 12, 1982, as amended at 54 FR 27881, July 3, 1989; 68 
FR 11324, Mar. 10, 2003; 68 FR 74490, Dec. 24, 2003]



Sec. 52.2347  Stack height regulations.

    The State of Utah has committed to revise its stack height 
regulations should EPA complete rulemaking to respond to the decision in 
NRDC v. Thomas, 838 F. 2d 1224 (D.C. Cir. 1988). In a letter to Douglas 
M. Skie, EPA, dated May 27, 1988, F. Burnell Cordner, Director, Bureau 
of Air Quality, stated:

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

[54 FR 24341, June 7, 1989]



Sec. 52.2348  National Highway Systems Designation Act Motor Vehicle 
Inspection and Maintenance (I/M) Programs.

    (a) On March 15, 1996 the Governor of Utah submitted a revised I/M 
program for Utah County which included a credit claim, a basis in fact 
for the credit claimed, a description of the County's program, draft 
County ordinances, and authorizing legislation for the program. Approval 
is granted on an interim basis for a period of 18 months, under the 
authority of section 348 of the National Highway Systems Designation Act 
of 1995. If Utah County fails to start its program by November 15, 1997 
at the latest, this approval will convert to a disapproval after EPA 
sends a letter to the State. At the end of the eighteen month period, 
the approval will lapse. At that time, EPA must take final rulemaking 
action upon the State's SIP, under the authority of section 110 of the 
Clean Air Act. Final action on the State/County's plan will be taken 
following EPA's review of the State/County's credit evaluation and final 
regulations (State and County) as submitted to EPA.
    (b) On May 20, 1999, the State of Utah submitted an evaluation of 
the Utah County inspection and maintenance program. On December 7, 2001, 
the Governor of Utah submitted Rule R307-110-34 and Section X, Vehicle 
Inspection and Maintenance Program, Part D, Utah County. These 
submittals satisfy the interim approval requirements specified under 
section 348 of the National Highway Systems Designation Act of 1995 (62 
FR 31351, 63 FR 414). Under the authority of section 110 of the Clean 
Air Act, EPA is removing the interim status of Utah County's improved 
inspection and maintenance program and granting Utah County full final 
approval of their improved inspection and maintenance program.

[62 FR 31351, June 9, 1997, as amended at 67 FR 57748, Sept. 12, 2002]



Sec. 52.2350  Emission inventories.

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

[[Page 922]]

    (b) On November 12, 1997, the Governor of Utah submitted the 1993 
Carbon Monoxide Periodic Emission Inventories for Ogden City and Utah 
County as revisions to the Utah State Implementation Plan. These 
inventories address carbon monoxide emissions from stationary point, 
area, non-road, and on-road mobile sources.
    (c) On June 14, 1999, the Governor of Utah submitted the 1996 Carbon 
Monoxide Periodic Emission Inventory for Utah County as a revision to 
the Utah State Implementation Plan. The inventory addresses carbon 
monoxide emissions from stationary point, area, non-road mobile, and on-
road mobile sources.

[62 FR 38217, July 17, 1997, as amended at 63 FR 18124, Apr. 14, 1998; 
65 FR 63548, Oct. 24, 2000]



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

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

[62 FR 38217, July 17, 1997]



Sec. 52.2352  Change to approved plan.

    (a) Utah Air Conservation Regulation R307-18-1, New Source 
Performance Standards, is removed from the approved plan. On June 10, 
2002, we issued a letter delegating responsibility for all sources 
located, or to be located, in the State of Utah subject to the NSPS in 
40 CFR part 60. See the table in 40 CFR 60.4 for the status of NSPS 
delegated to the state of Utah.
    (b) Utah Administrative Code (UAC) rule R307-1-8, Asbestos Work 
Practices, Contractor Certification, AHERA Accreditation and AHERA 
Implementation, is removed from Utah's approved State Implementation 
Plan (SIP). This rule language pertains to the regulation of asbestos 
and is generally not related to attainment of the National Ambient Air 
Quality Standards (NAAQS) and therefore it is not appropriate to be in 
Utah's SIP.
    (c) Utah Administrative Code (UAC) rule R307-1-4.12, National 
Emission Standards for Hazardous Air Pollutants (NESHAPs), is removed 
from Utah's approved State Implementation Plan (SIP). Utah has 
delegation of authority for NESHAPs in 40 CFR part 61 (49 FR 36368), 
pursuant to 110(k)(6) of the Act.
    (d) Utah Administrative Code (UAC) rule R307-1-6, Eligibility of 
Pollution Control Expenditures for Sales Tax Exemption, is removed from 
Utah's approved State Implementation Plan (SIP). This rule language 
pertains to State Sales Tax Exemptions for Pollution Control 
Expenditures and is not generally related to attainment of the National 
Ambient Air Quality Standards (NAAQS) and is therefore not appropriate 
to be in Utah's SIP.
    (e) Utah Administrative Code (UAC) rule R307-102-3, Administrative 
Procedures and Hearings, and R307-414-3, Request for Review, are removed 
from Utah's approved State Implementation Plan (SIP). These provisions 
are not required by the CAA and are, therefore, not required to be in 
Utah's SIP. These provisions were last approved in 40 CFR 
52.2320(c)(59)(i)(A).
    (f) Utah Administrative Code (UAC) rule R307-1-4.06, Continuous 
Emission Monitoring Systems Program (CEMSP), is removed from Utah's 
approved State Implementation Plan (SIP). This rule has been superseded 
and replaced by rule R307-170, Continuous Emission Monitoring Program.

[67 FR 59000, Sept. 19, 2002, as amended at 71 FR 7682, Feb. 14, 2006; 
72 FR 4645, Feb. 1, 2007; 72 FR 19385, Apr. 18, 2007]

[[Page 923]]



Sec. 52.2353  Control strategy: Carbon monoxide.

    Determination. EPA has determined that the Provo carbon monoxide 
``moderate'' nonattainment area attained the carbon monoxide national 
ambient air quality standard by December 31, 1995. This determination is 
based on air quality monitoring data from 1994 and 1995.

[67 FR 59168, Sept. 20, 2002]



Sec. 52.2354  Interstate transport.

    CAA Section 110(a)(2)(D)(i) requirements for the 1997 8-hour ozone 
and PM2.5 standards. Section XXIII, Interstate Transport, of 
the Utah SIP submitted by the Utah Governor on March 22, 2007, satisfies 
the requirements of the Clean Air Act Section 110(a)(2)(D)(i) for the 8-
hour ozone and PM2.5 NAAQS promulgated by EPA in July 1997. 
Section XXIII, Interstate Transport, was adopted by the UAQB on February 
9, 2007. The March 22, 2007 Governor's letter included as an attachment 
a set of replacement pages for the Interstate Transport text. The new 
pages reflect correctly that the Interstate Transport declaration is 
under Section XXIII of the Utah SIP and not under Section XXII as 
incorrectly indicated in the pages submitted with the Administrative 
Documentation for the adoption of this SIP section.

[73 FR 16547, Mar. 28, 2008]



                           Subpart UU_Vermont



Sec. 52.2370  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan for Vermont 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 paragraph (c) 
and (d) of this section with an EPA approval date prior to February10, 
2006, 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 February 10, 2006, will be incorporated by 
reference in the next update to the SIP compilation.
    (2) EPA Region 1 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated state 
rules/regulations which have been approved as part of the State 
Implementation Plan as of February 10, 2006.
    (3) Copies of the materials incorporated by reference may be 
inspected at the New England Regional Office of EPA at One Congress 
Street, Suite 1100, Boston, MA 02114-2023; the EPA, Air and Radiation 
Docket and Information Center, Air Docket (Mail Code 6102T), Room B-108, 
1301 Constitution Avenue, NW., Washington, DC 20460 and the National 
Archives and Records Administration. For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
    (c) EPA approved regulations.

[[Page 924]]



                                        EPA-Approved Vermont Regulations
----------------------------------------------------------------------------------------------------------------
                                              State
   State citation        Title/subject      effective             EPA approval date              Explanations
                                               date
----------------------------------------------------------------------------------------------------------------
                                        Chapter 5--Air Pollution Control
----------------------------------------------------------------------------------------------------------------
                                            Subchapter I. Definitions
----------------------------------------------------------------------------------------------------------------
Section 5-101.......  Definitions........     07/29/93  04/22/98, 63 FR 19825...............  Definitions IBR'd
                                                                                               into the Vermont
                                                                                               SIP are numbered
                                                                                               consecutively by
                                                                                               EPA, and do not
                                                                                               necessarily
                                                                                               correspond to the
                                                                                               State's assigned
                                                                                               definition number
                                                                                               in the Vermont
                                                                                               State Regulation,
                                                                                               which are re-
                                                                                               numbered whenever
                                                                                               definitions are
                                                                                               added or deleted
                                                                                               from the State
                                                                                               Regulation.
----------------------------------------------------------------------------------------------------------------
                                           Subchapter II. Prohibitions
----------------------------------------------------------------------------------------------------------------
Section 5-201.......  Open burning            07/22/98  04/22/98, 63 FR 19825...............  ..................
                       prohibited.
Section 5-202.......  Permissible open        01/25/78  12/21/78, 43 FR 59496...............  ..................
                       burning.
Section 5-203.......  Procedures for          01/25/78  12/21/78, 43 FR 59496...............  ..................
                       local authorities
                       to burn natural
                       wood.
Section 5-211.......  Prohibition of          08/12/78  04/16/82, 47 FR 16331...............  Except Section 5-
                       visible air                                                             211(3).
                       contaminants.
Section 5-221.......  Prohibition of          01/25/78  12/21/78, 43 FR 59496...............  Except Section 5-
                       pollution                                                               221(1)(c)(i) and
                       potential                                                               Section 5-
                       materials in fuel.                                                      221(1)(c)(ii).
Section 5-231.......  Prohibition of          11/13/81  02/26/85, 50 FR 7767................  ..................
                       particular matter.
Section 5-241.......  Prohibition of          01/25/78  12/21/78, 43 FR 59496...............  ..................
                       nuisance and odor.
Section 5-251.......  Control of nitrogen     01/04/95  04/09/97, 62 FR 17084...............  Requires RACT for
                       oxides emissions.                                                       major stationary
                                                                                               sources of NOX.
Section 5-252.......  Control of sulfur       11/04/79  02/19/80, 45 FR 10775...............  ..................
                       dioxide emissions.
Section 5-253.1.....  Petroleum liquid        10/29/92  04/22/98, 63 FR 19825...............  ..................
                       storage in fixed
                       roof Tanks.
Section 5-253.2.....  Bulk gasoline           10/29/92  04/22/98, 63 FR 19825...............  ..................
                       terminals.
Section 5-253.3.....  Bulk gasoline           10/29/92  04/22/98, 63 FR 19825...............  ..................
                       plants.
Section 5-253.4.....  Gasoline tank           10/29/92  04/22/98, 63 FR 19825...............  ..................
                       trucks.
Section 5-253.5.....  Stage I vapor           10/29/92  04/22/98, 63 FR 19825...............  ..................
                       recovery controls
                       at gasoline
                       dispensing
                       facilities.
Section 5-253.10....  Paper coating......     10/29/92  04/22/98, 63 FR 19825...............  ..................
Section 5-253.12....  Coating of flad         10/29/92  04/22/98, 63 FR 19825...............  ..................
                       wood paneling.
Section 5-253.13....  Coating of              07/29/93  04/22/98, 63 FR 19825...............  ..................
                       miscellaneous
                       metal parts.
Section 5-253.14....  Solvent metal           07/29/93  04/22/98, 63 FR 19825...............  ..................
                       cleaning.
Section 5-253.15....  Cutback and             08/02/94  04/22/98, 63 FR 19825...............  ..................
                       emulsified asphalt.
Section 5-253.20....  Other sources that      08/03/93  04/09/97, 62 FR 17084...............  ..................
                       emit volatile
                       organic compounds.
Section 5-261.......  Control of              11/03/81  02/10/82, 47 FR 6014................  ..................
                       hazardous air
                       contaminants.
----------------------------------------------------------------------------------------------------------------
                                  Subchapter III. Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 5-301.......  Scope..............     12/15/90  03/05/91, 56 FR 9175................  ..................
Section 5-302.......  Sulfur dioxide          03/24/79  02/19/80, 45 FR 10775...............  ..................
                       primary.
Section 5-303.......  Sulfur dioxide          03/24/79  02/19/80, 45 FR 10775...............  ..................
                       secondary.

[[Page 925]]

 
Section 5-306.......  PM10 primary and        11/01/90  08/01/97, 62 FR 41280...............  Removal of the TSP
                       secondary                                                               standard (Section
                       standards.                                                              5-304 and 5-305)
                                                                                               and establishment
                                                                                               of PM10 standard
                                                                                               (Section 5-306).
Section 5-307.......  Carbon monoxide         03/24/79  02/19/80, 45 FR 10775...............  Formerly Section 5-
                       primary and                                                             306, renumbered
                       secondary.                                                              to 5-307 when new
                                                                                               Section 5-306 for
                                                                                               PM10 was created.
Section 5-308.......  Ozone primary and       03/24/79  02/19/80, 45 FR 10775...............  Formerly Section 5-
                       secondary.                                                              307, renumbered
                                                                                               to 5-308 when new
                                                                                               Section 5-306 for
                                                                                               PM10 was created.
Section 5-309.......  Lead primary and        11/13/81  02/10/82, 47 FR 6014................  Formerly Section 5-
                       secondary.                                                              308, renumbered
                                                                                               to 5-309 when new
                                                                                               Section 5-306 for
                                                                                               PM10 was created.
Section 5-310.......  Nitrogen dioxide        12/15/90  03/05/91, 56 FR 9175................  Formerly Section 5-
                       primary and                                                             309, renumbered
                       secondary.                                                              to 5-310 when new
                                                                                               Section 5-306 for
                                                                                               PM10 was created.
----------------------------------------------------------------------------------------------------------------
                                    Subchapter IV. Operations and Procedures
----------------------------------------------------------------------------------------------------------------
Section 5-401.......  Classification of       03/24/79  02/19/80, 45 FR 10775...............  ..................
                       air contaminant
                       sources.
Section 5-402.......  Written reports         03/24/79  02/19/80, 45 FR 10775...............  ..................
                       when requested.
Section 5-403.......  Circumvention......     12/10/72  05/31/72, 37 FR 10842...............  ..................
Section 5-404.......  Methods for             03/24/78  02/19/80, 45 FR 10775...............  ..................
                       sampling and FR
                       testing of sources.
Section 5-405.......  Required air            03/24/79  02/19/80, 45 FR 10775...............  ..................
                       monitoring.
Section 5-406.......  Required air            03/24/79  02/19/80, 45 FR 10775...............  ..................
                       modeling.
----------------------------------------------------------------------------------------------------------------
                               Subchapter V. Review of New Air Contaminant Sources
----------------------------------------------------------------------------------------------------------------
Section 5-501.......  Review of               09/17/86  07/17/87, 52 FR 26973...............  ..................
                       construction or
                       modification of
                       air contaminant
                       sources.
Section 5-502.......  Major stationary        07/14/95  08/04/97, 62 FR 41867...............  ..................
                       sources and major
                       modifications.
----------------------------------------------------------------------------------------------------------------
                                     Subchapter VII. Motor Vehicle Emissions
----------------------------------------------------------------------------------------------------------------
Section 5-701.......  Removal of control      03/24/79  02/19/80, 45 FR 10775...............  ..................
                       devices.
Section 5-702.......  Excessive smoke         03/24/79  02/19/80, 45 FR 10775...............  ..................
                       emissions from
                       motor vehicles.
Section 5-801.......  Effective date.....     03/24/79  01/30/80, 45 FR 6781................  ..................
----------------------------------------------------------------------------------------------------------------
                                                     Tables
----------------------------------------------------------------------------------------------------------------
Table 1.............  Table 1--Process        01/25/78  12/21/78, 43 FR 59496...............  ..................
                       weight standards.
Table 2.............  Table 2--PSD            12/15/90  03/05/91, 56 FR 9175................  ..................
                       increments.
Table 3.............  Table 3--Levels of      11/03/81  02/10/82, 47 FR 6014................  ..................
                       significant impact
                       for non-attainment
                       areas.
----------------------------------------------------------------------------------------------------------------
                            Subchapter VIII. Registration of Air Contaminant Sources
----------------------------------------------------------------------------------------------------------------
Sections 5-801......  Definitions........     04/20/88  01/10/95, 60 FR 2524................  ..................

[[Page 926]]

 
Sections 5-802......  Requirement for         04/20/88  01/10/95, 60 FR 2524................  ..................
                       registration.
Section 5-803.......  Registration            04/20/88  01/10/95, 60 FR 2524................  ..................
                       procedure.
Section 5-804.......  False or misleading     04/20/88  01/10/95, 60 FR 2524................  ..................
                       information.
Section 5-805.......  Commencement or         04/20/88  01/10/95, 60 FR 2524................  ..................
                       recommencement of
                       operation.
Section 5-806.......  Transfer of             04/20/88  01/10/95, 60 FR 2524................  ..................
                       Operation.
----------------------------------------------------------------------------------------------------------------

    (d) EPA-approved State Source specific requirements.

                                EPA-Approved Vermont Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                          State
         Name of source              Permit number      effective       EPA approval date        Explanations
                                                           date
----------------------------------------------------------------------------------------------------------------
Simpson Paper Company,            Envrionmental           01/04/95    04/09/97, 45 FR 17084   Administrative
 Centennial Mill in Gilman,        Protection                                                  orders for
 Vermont.                          Regulations,                                                Simpson Paper
                                   Chapter 5, Air                                              Company, in
                                   Pollution Control,                                          Gilman, Vermont,
                                   Subchapter II.                                              adopted and
                                   Section 5-251(2).                                           effective on
                                                                                               January 4, 1995.
U.S. Samaica Corporation, in      Envrionmental           01/04/95    04/09/97, 45 FR 17084   Administrative
 Rutland, VT.                      Protection                                                  orders for U.S.
                                   Regulations,                                                Samaica
                                   Chapter 5, Air                                              Corporation, in
                                   Pollution Control,                                          Rutland, Vermont,
                                   Subchapter II.                                              adopted and
                                   Section 5-253.20.                                           effective on
                                                                                               January 4, 1995.
----------------------------------------------------------------------------------------------------------------

    (e) Nonregulatory.

                                             Vermont Non-Regulatory
----------------------------------------------------------------------------------------------------------------
                                    Applicable
  Name of non-regulatory SIP      geographic or     State submittal
           provision              nonattainment     date/  effective      EPA approval date        Explanation
                                       area               date
----------------------------------------------------------------------------------------------------------------
Notice of public hearing......  Statewide........  Submitted 02/03/     06/15/72, 37 FR 11914   (c)(1) Vermont
                                                    72.                                          Agency of
                                                                                                 Environmental
                                                                                                 Conservation.
Miscellaneous non-regulatory    .................  Submitted 02/25/      5/31/72, 37 FR 10842   (c)(2) Vermont
 revisions to the plan.                             72.                                          Agency of
                                                                                                 Environmental
                                                                                                 Conservation.
Miscellaneous non-regulatory    .................  Submitted 03/03/      01/21/76, 41 FR 3085   (c)(4) Vermont
 revisions to the plan.                             75.                                          Agency of
                                                                                                 Environmental
                                                                                                 Conservation.
                                                                                                 Deletion of
                                                                                                 Winooski
                                                                                                 sampling site
                                                                                                 for
                                                                                                 particulates
                                                                                                 and sulfur
                                                                                                 dioxide.
Plans to meet various           .................  Submitted 03/21/      01/30/80, 45 FR 6781   (c)(9) See Plans
 requirements of the Clean Air                      79, and 11/21/79.                            to attain
 Act, including Part C.                                                                          below.

[[Page 927]]

 
Attainment Plans to meet the    .................  Submitted 03/21/     02/19/80, 45 FR 10775   (c)(10) Plans to
 requirements of Part D and                         79, 11/21/79, 11/                            attain. State
 the Clean Air Act, as amended                      27/79, and 12/19/                            of Vermont air
 in 1977.                                           79.                                          quality and the
                                                                                                 implementation
                                                                                                 plan (March
                                                                                                 1979). The
                                                                                                 secondary TSP
                                                                                                 standard for
                                                                                                 Barre City and
                                                                                                 a portion of
                                                                                                 the Champlain
                                                                                                 Valley Air
                                                                                                 Management
                                                                                                 Area, the
                                                                                                 carbon monoxide
                                                                                                 standard in the
                                                                                                 Champlain
                                                                                                 Valley Air
                                                                                                 Management Area
                                                                                                 and the ozone
                                                                                                 standard in
                                                                                                 Chittenden,
                                                                                                 Addison, and
                                                                                                 Windsor
                                                                                                 Counties. A
                                                                                                 program was
                                                                                                 also submitted
                                                                                                 for the review
                                                                                                 of construction
                                                                                                 and operation
                                                                                                 of new and
                                                                                                 modified major
                                                                                                 stationary
                                                                                                 sources of
                                                                                                 pollution in
                                                                                                 non-attainment
                                                                                                 areas. Certain
                                                                                                 miscellaneous
                                                                                                 provisions were
                                                                                                 also included.
A plan to provide for public,   .................  Submitted 03/28/     09/09/80, 45 FR 59314   (c)(11) A plan
 local and state involvement                        80.                                          to provide for
 in federally funded air                                                                         public, local
 pollution control activities.                                                                   and state
                                                                                                 involvement in
                                                                                                 federally
                                                                                                 funded air
                                                                                                 pollution
                                                                                                 control
                                                                                                 activities.
A plan to attain and maintain   .................  Submitted 06/24/     03/18/81, 45 FR 17192   (c)(12) A plan
 the National Ambient Air                           80, and 11/07/80.                            to attain and
 Quality Standard for lead.                                                                      maintain the
                                                                                                 National
                                                                                                 Ambient Air
                                                                                                 Quality
                                                                                                 Standard for
                                                                                                 lead. A letter
                                                                                                 further
                                                                                                 explaining the
                                                                                                 state
                                                                                                 procedures for
                                                                                                 review of new
                                                                                                 major sources
                                                                                                 of lead
                                                                                                 emissions.
A revision to the quality       .................  Submitted 03/21/    10/08/80, 45 FR 66789,   (c)(13) meets
 monitoring network.                                79.                corrected by 03/16/81,    the
                                                                                  46 FR 16897    requirements of
                                                                                                 40 CFR part 58
Narrative submittal             .................  Submitted 04/15/     07/17/87, 52 FR 26973   (c)(19)
 ``Implementation Plan for the                      86.                                          Describing
 Protection of Visibility in                                                                     procedures,
 the State of Vermont'' and                                                                      notifications,
 ``Appendices''.                                                                                 and technical
                                                                                                 evaluations to
                                                                                                 fulfill the
                                                                                                 visibility
                                                                                                 protection
                                                                                                 requirements of
                                                                                                 40 CFR part 51,
                                                                                                 subpart P.
State Implementation Plan       .................  Submitted 12/07/      03/05/91, 56 FR 9175   (c)(20) State of
 narrative.                                         90, and 01/10/91.                            Vermont Air
                                                                                                 Quality
                                                                                                 Implementation
                                                                                                 Plan dated
                                                                                                 November 1990.
State Implementation Plan       .................  Submitted 08/09/      01/10/95, 60 FR 2524   (c)(21) State of
 narrative.                                         93.                                          Vermont Air
                                                                                                 Quality
                                                                                                 Implementation
                                                                                                 Plan dated
                                                                                                 February, 1993.
                                                                                                 To meet the
                                                                                                 emission
                                                                                                 statement
                                                                                                 requirement of
                                                                                                 the CAAA of
                                                                                                 1990.
Revisions to the State          .................  Submitted 02/03/     04/22/98, 63 FR 19825   (c)(25) State of
 Implementation Plan.                               93, 08/09/93,                                the State
                                                    and 08/10/94.                                Vermont: Air
                                                                                                 Quality
                                                                                                 Implementation
                                                                                                 Plan dated
                                                                                                 August 1993.
Revisions to the State          .................  Submitted 08/03/     07/10/00, 65 FR 42290   (c)(26) letter
 Implementation Plan.                               98.                                          from VT Air
                                                                                                 Pollution
                                                                                                 Control
                                                                                                 Division dated
                                                                                                 July 28, 1998
                                                                                                 stating a
                                                                                                 negative
                                                                                                 declaration for
                                                                                                 the aerospace
                                                                                                 coating
                                                                                                 operations CTG
                                                                                                 category.
----------------------------------------------------------------------------------------------------------------


[65 FR 54415, Sept. 8, 2000, as amended at 68 FR 34809, June 11, 2003; 
71 FR 14390, Mar. 22, 2006]



Sec. 52.2371  Classification of regions.

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

[[Page 928]]



----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Champlain Valley Interstate...............................          II         II       III       III        III
Vermont Intrastate........................................          II         II       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10898, May 31, 1972, as amended at 45 FR 10782, Feb. 19, 1980]



Sec. 52.2372  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Vermont's plan as identified in Sec. 52.2370 for the 
attainment and maintenance of the national standards under section 110 
of the Clean Air Act. Furthermore, the Administrator finds the plans 
satisfy all requirements of Part D, Title I, of the Clean Air Act, as 
amended in 1977, except as noted below. In addition, continued 
satisfaction of the requirements of Part D for the ozone portion of the 
SIP depends on the adoption and submittal of RACT requirements by July 
1, 1980 for the sources covered by CTGs issued between January, 1978 and 
January, 1979 and adoption and submittal by each subsequent January of 
additional RACT requirements for sources covered by CTGs issued by the 
previous January.

[45 FR 10782, Feb. 19, 1980]



Sec. 52.2373  Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met. 
Vermont does not have the authority to make emissions data available to 
the public since 10 V.S.A. section 363 would require the data to be held 
confidential if a source certified that it related to production or 
sales figures, unique processes, or would tend to affect adversely the 
competitive position of the owner.

[37 FR 10899, May 31, 1972, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. 52.2374  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the plan does not provide for public availability of emission 
data.
    (b) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the Agency responsible for 
making emission data available to the public, as specified in the 
applicable plan, concerning emissions from any source subject to 
emission limitations which are part of the approved plan may request 
that the appropriate Regional Administrator obtain and make public such 
data. Within 30 days after receipt of any such written request, the 
Regional Administrator shall require the owner or operator of any such 
source to submit information within 30 days on the nature and amounts of 
emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the applicable plan.
    (2) Commencing after the initial notification by the Regional 
Administrator pursuant to paragraph (b)(1) of this section, the owner or 
operator of the source shall maintain records of the nature and amounts 
of emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the plan. The information recorded shall be 
summarized and reported to the Regional Administrator, on forms 
furnished by the Regional Administrator, and shall be submitted within 
45 days after the end of the reporting period. Reporting periods are 
January 1-June 30 and July 1-December 31.
    (3) Information recorded by the owner or operator and copies of this 
summarizing report submitted to the Regional Administrator shall be 
retained by the owner or operator for 2 years after the date on which 
the pertinent report is submitted.
    (4) Emission data obtained from owners or operators of stationary 
sources

[[Page 929]]

will be correlated with applicable emission limitations and other 
control measures that are part of the applicable plan and will be 
available at the appropriate regional office and at other locations in 
the state designated by the Regional Administrator.

[37 FR 10899, May 31, 1972, as amended at 40 FR 55333, Nov. 28, 1975; 51 
FR 40676, Nov. 7, 1986]



Sec. 52.2375  Attainment dates for national standards.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                     -----------------------------------------------------------
  Air quality control region and nonattainment area             SO2
                         \1\                         ------------------------   PM10     NOX       CO       O3
                                                       Primary    Secondary
----------------------------------------------------------------------------------------------------------------
Champlain Valley Interstate--Chittenden County:
Champlain Valley Air Management Area:
    Essex Town (including Essex Jct.)...............          a            a        a        a        b        b
    Burlington City.................................          a            a        a        a        b        b
    South Burlington City...........................          a            a        a        a        b        b
    Winooski........................................          a            a        a        a        b        b
    Remainder of Air Management Area................          a            a        a        a        b        b
    Remainder of County.............................          a            a        a        a        a        b
    Vermont Valley Air Management Area..............          a            a        a        a        a        a
    Addison County..................................          a            a        a        a        a        b
    Remainder of AQCR...............................          a            a        a        a        a        a
Vermont Interstate:
Central Vermont Air Management Area:
    Barre City......................................          a            a        a        a        a        a
    Remainder of Air Management Area................          a            a        a        a        a        a
    Windsor County..................................          a            a        a        a        a        b
    Remainder of AQCR...............................          a            a        a        a        a        a
----------------------------------------------------------------------------------------------------------------
\1\ Sources subject to plan requirements and attainment dates established under section 110(a)(2)(A) prior to
  the 1977 Clean Air Act Amendments remain obligated to comply with those regulations by the earlier deadlines.
  The earlier attainment dates are set out at 40 CFR 52.2375, revised as of July 1, 1978.
a. Air quality levels presently below secondary standards or area is unclassifiable.
b. 12/31/82.


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



Sec. 52.2377  Review of new sources and modifications.

    Regulation 5-501(3) entitled ``Default Permits'' is disapproved.

[45 FR 10782, Feb. 19, 1980]



Sec. 52.2378  Certification of no facilities.

    On June 6, 1986, the Vermont Agency of Environmental Conservation 
submitted a letter certifying that there are no facilities within the 
State's boundaries subject to the Continuous Emissions Monitoring 
requirements of 40 CFR part 51, Appendix P. This negative declaration 
was submitted to EPA in accordance with 40 CFR 51.19(e).

[51 FR 42221, Nov. 24, 1986]



Sec. 52.2379  [Reserved]



Sec. 52.2380  Significant deterioration of air quality.

    The program to review the construction and operation of new and 
modified major stationary sources in attainment areas is approved as 
meeting the requirements of Part C, except regulation 5-501(3) entitled 
``Default permits'', and a portion of the SIP revision narrative from 
the first full paragraph on pages 9-11 through the first four lines of 
pages 9-12 inclusive, both of which were submitted on March 21, 1979 and 
which are disapproved.

[45 FR 6784, Jan. 30, 1980]

[[Page 930]]



Sec. 52.2381  EPA-approved Vermont State regulations.

    The following table identifies the state regulations which have been 
submitted to and adopted by EPA as revisions to the Vermont State 
Implementation Plan. This table is for informational purposes only and 
does not have any independent regulatory effect. To determine regulatory 
requirements for a specific situation consult the plan identified in 
Sec. 52.2370. To the extent that this table conflicts with Sec. Sec. 
52.2370, 52.2370 governs.

                                     Table 52.2381--EPA-Approved Regulations
                                    [Vermont SIP regulations 1972 to present]
----------------------------------------------------------------------------------------------------------------
                                      Date       Date
State citation, title and subject   adopted    Approved    Federal Register       Section        Comments and
                                    by State    by EPA         Citation           52.2370    unapproved sections
----------------------------------------------------------------------------------------------------------------
Chapter 5 Air Pollution Control
Subchapter I Definitions
  Section 5-101 Definitions......   12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
                                    12/10/72    5/14/73  38 FR 12713.........  (c)(3)......
                                    11/19/73    3/22/76  41 FR 11819.........  (c)(5)......
                                    12/16/74    1/21/76  41 FR 3085..........  (c)(4)......
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  All of 5-101 (1-42)
                                                                                              approved.
                                     8/12/78    4/16/82  47 FR 16331.........  (c)(16).....  Related to wood-
                                                                                              fired boilers.
                                     3/24/79    1/30/80  45 FR 6781..........  (c)(9)......  Related to PSD.
                                     11/4/79    2/19/80  45 FR 10775.........  (c)(10).....  All of 5-101 (1-62)
                                                                                              approved.
                                     11/3/81    2/10/82  47 FR 6014..........  (c)(15).....
                                     9/17/86    7/17/87  52 FR 26982.........  (c)(19).....  Related to
                                                                                              visibility in
                                                                                              Class I areas. 5-
                                                                                              101(3), (14),
                                                                                              (21), (59), and
                                                                                              (76) approved.
                                      7/9/93     4/9/97  62 FR 17087.........  (c)(22).....  Adds definition of
                                                                                              reasonably
                                                                                              available control
                                                                                              technology (RACT).
                                    10/29/92    4/22/98  63 FR 19828.........  (c)(25).....  Add definitions
                                     7/29/93                                                  associated with
                                                                                              VOC RACT rules.
Subchapter II Prohibitions
  Section 5-201 Open burning        12/10/72    5/31/72  37 FR 10899.........  (b).........
   prohibited.
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......
  Section 5-202 Permissible open    12/10/72    5/31/72  37 FR 10899.........  (b).........
   burning.                          1/25/78   12/21/78  43 FR 59496.........  (c)(8)......
  Section 5-203 Procedures for      12/10/72    5/31/72  37 FR 10899.........  (b).........
   local authorities to burn         1/25/78   12/21/78  43 FR 59496.........  (c)(8)......
   natural wood.
  Section 5-211 Prohibition of      12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   visible air contaminants.         1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  5-211 (1)(2)
                                                                                              approved.
                                     8/12/78    4/16/82  47 FR 16331.........  (c)(16).....  5-211 (3) not
                                                                                              approved.
  Section 5-221 Prohibition of      12/10/72    5/31/72  37 FR 10899.........  (b).........  ...................
   potentially polluting             3/16/75     1/8/82  47 FR 948...........  (c)(14).....  Except 5-221(c) (i)
   materials in fuel.                                                                         and (ii). Includes
                                                                                              Moran Sta. Bubble
                                                                                              Approval.
                                     7/12/76     2/4/77  42 FR 6811..........  (c)(6)......
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......
  Section 5-231 Prohibition of      12/10/72    5/31/72  37 FR 10899.........  (b).........
   particulate matter.              12/10/72    5/14/73  38 FR 12713.........  (c)(3)......
                                    11/19/73    3/22/76  41 FR 11819.........  (c)(5)......  Regarding
                                                                                              incinerators.
                                    12/16/74    1/21/76  41 FR 3085..........  (c)(4)......  Regarding
                                                                                              combustion
                                                                                              contaminants.
                                     7/12/76     2/4/77  42 FR 6811..........  (c)(6)......  Regarding
                                                                                              incinerators
                                                                                              asphalt plants.
                                     3/14/77     8/2/78  43 FR 33918.........  (c)(7)......  Regarding wood
                                                                                              processing plants.

[[Page 931]]

 
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  ...................
                                     8/12/78    4/16/82  47 FR 16331.........  (c)(16).....  Except Cersosimo
                                                                                              Lumber, Rutland
                                                                                              Plywood, Moran
                                                                                              Sta.
                                    11/13/81    2/10/82  47 FR 6014..........  (c)(15).....  Repealed 5-231 (4).
                                   .........    8/23/83  48 FR 38235.........  (c)(17).....  Approved for
                                                                                              Cersosimo Lumber.
                                   .........    2/26/85  50 FR 7767..........  (c)(18).....  Approved for
                                                                                              Rutland Plywood.
  Section 5-241 Prohibition of      12/10/72    5/31/72  37 FR 10899.........  (b).........
   nuisance and odor.               11/19/73    3/22/76  41 FR 11819.........  (c)(5)......
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......  ...................
  Section 5-251 Control of          12/10/72    5/31/72  37 FR 10899.........  (b).........
   nitrogen oxides emissions.        1/25/78   12/21/78  43 FR 59496.........  (c)(8)......
                                     3/25/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
                                     11/4/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
                                      7/9/93     4/9/97  62 FR 17087.........  (c)(22).....  Requires RACT for
                                                                                              major stationary
                                                                                              sources of NOX.
                                      1/4/95     4/9/97  62 FR 17087.........  (c)(22).....  NOX RACT for
                                                                                              Simpson Paper
                                                                                              Company's Gilman
                                                                                              facility.
  Section 5-252 Control of sulfur    7/12/76     2/4/77  42 FR 6811..........  (c)(6)......
   dioxide emissions.                1/25/78   12/21/78  43 FR 59496.........  (c)(8)......
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....
                                     11/4/79    2/19/80  45 FR 10775.........  (c)(10).....
  Section 5-253 Control of            7/9/93     4/9/97  62 FR 17087.........  (c)(22).....  Requires RACT at
   volatile organic compounds.                                                                non-CTG VOC
                                                                                              sources.
                                      1/4/95     4/9/97  62 FR 17087.........  (c)(22).....  Non-CTG VOC RACT
                                                                                              for U.S. Samaica
                                                                                              Corporation's
                                                                                              Rutland facility.
  Section 5-253.1 Petroleum         10/29/92    4/22/98  63 FR 19829.........  (c)(25).....
   Liquid Storage in Fixed Roof
   Tanks..
  Section 5-253.2 Bulk Gasoline     10/29/92    4/22/98  63 FR 19829.........  (c)(25).....
   Terminals.
  Section 5-253.3 Bulk Gasoline     10/29/92    4/22/98  63 FR 19829.........  (c)(25).....
   Plants..
  Section 5-253.4 Gasoline Tank     10/29/92    4/22/98  63 FR 19829.........  (c)(25).....
   Trucks..
  Section 5-253.5 Stage I vapor     10/29/92    4/22/98  63 FR 19829.........  (c)(25).....
   recovery controls at gasoline
   dispensing facilities..
  Section 5-253.10 Paper Coating.   10/29/92    4/22/98  63 FR 19829.........  (c)(25).....
  Section 5-253.12 Coating of       10/29/92    4/22/98  63 FR 19829.........  (c)(25).....
   Flatwood Paneling..
  Section 5-253.13 Coating of        7/29/93    4/22/98  63 FR 19829.........  (c)(25).....
   Miscellaneous Metal Parts..
  Section 5-253.14 Solvent Metal     7/29/93    4/22/98  63 FR 19829.........  (c)(25).....
   Cleaning..
  Section 5-253.15 Cutback and        8/2/94    4/22/98  63 FR 19829.........  (c)(25).....
   Emulsified Asphalt..
  Section 5-261 Control of           11/3/81    2/10/82  47 FR 6014..........  (c)(15).....
   hazardous air contaminants.
Subchapter III Ambient Air
 Quality Stds
  Section 5-301 Scope............   12/10/72    5/31/72  37 FR 10899.........  (b).........
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....
                                    12/15/90     3/5/91  56 FR 9177..........  (c)(20).....
  Section 5-302 Sulfur dioxide      12/10/72    5/31/72  37 FR 10899.........  (b).........
   primary.
                                     7/12/76     2/4/77  42 FR 6811..........  (c)(6)......
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....
  Section 5-303 Sulfur dioxide      12/10/72    5/31/72  37 FR 10899.........  (b).........
   (secondary).                      7/12/76     2/4/77  42 FR 6811..........  (c)(6)......
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....

[[Page 932]]

 
Section 5-304: PM10 Primary            11/90     8/1/97  62 FR 41282.........  (c)(23).....  Removal of the TSP
 Standards.                                                                                   standard and
                                                                                              establishment of
                                                                                              the PM10 standard.
Section 5-305: PM10 Secondary          11/90     8/1/97  62 FR 41282.........  (c)(23).....  Removal of the TSP
 Standards.                                                                                   standard and
                                                                                              establishment of
                                                                                              the PM10 standard.
  Section 5-306 Carbon monoxide     12/10/72    5/31/72  37 FR 10899.........  (b).........
   primary/secondary.               11/19/73    3/22/76  41 FR 11819.........  (c)(5)......
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  ...................
  Section 5-307 Ozone primary/      12/10/72    5/31/72  37 FR 10899.........  (b).........
   secondary.                       12/16/74    1/21/76  41 FR 3085..........  (c)(4)......
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....
  Section 5-308 Lead (primary/       11/3/81    2/10/82  47 FR 6014..........  (c)(15).....
   secondary).
  Section 5-309 Nitrogen dioxide    12/15/90     3/5/91  56 FR 9177..........  (c)(20).....
   primary/secondary.
Subchapter IV Operations/
 Procedures
  Section 5-401 Classification of    3/24/79    2/19/80  45 FR 10775.........  (c)(10).....
   air contaminant sources.
  Section 5-402 Written reports     12/10/72    5/31/72  37 FR 10899.........  (b).........
   when requested.                  12/10/72    5/14/73  38 FR 12713.........  (c)(3)......
                                    11/19/73    3/22/76  41 FR 11819.........  (c)(5)......
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  5-402(1) only.
  Section 5-403 Circumvention....   12/10/72    5/31/72  37 FR 10899.........  (b).........
  Section 5-404 Methods for         12/10/72    5/31/72  37 FR 10899.........  (b).........
   sampling and testing of           1/25/78   12/21/78  43 FR 59496.........  (c)(8)......
   sources.
                                     3/24/78    2/19/80  45 FR 10775.........  (c)(10).....  ...................
  Section 5-405 Required air        12/10/72    5/31/72  37 FR 10899.........  (b).........
   monitoring.
                                     3/24/79    1/30/80  45 FR 6781..........  (c)(9)......  For PSD Plan.
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  For NSR Plan.
  Section 5-406 Required air         3/24/79    1/30/80  45 FR 6781..........  (c)(9)......  For PSD Plan.
   modeling.
                                     3/24/79    2/19/80  45 FR 10775.........  (c)(10).....  For NSR Plan.
Subchapter V Review of New Air
 Contaminant Sources
  Section 5-501 Review of           12/10/72    5/31/72  37 FR 10899.........  (b)
   construction or modification     12/10/72    5/14/73  38 FR 12713.........  (c)(3)......
   of air contaminant sources.       1/25/78   12/21/78  43 FR 59496.........  (c)(8)......
                                     3/24/79    1/30/80  45 FR 6781..........  (c)(9)......  Except 5-501(3).
                                    11/04/79    2/19/80  45 FR 10775.........  (c)(10).....  Except 5-501(3).
                                    11/03/81    2/10/82  47 FR 6014..........  (c)(15).....
                                     9/17/86    7/17/87  52 FR 26982.........  (c)(19).....  Related to
                                                                                              visibility in
                                                                                              Class I areas. 5-
                                                                                              501(4) approved.
  Section 5-502 Major stationary     3/24/79    1/30/80  45 FR 6781..........  (c)(9)......  Except 5-502(5).
   sources and major                11/04/79    2/19/80  45 FR 10775.........  (c)(10).....  Except 5-502(5).
   modifications.
                                    11/03/81    2/10/82  47 FR 6014..........  (c)(15).....
                                     9/17/86    7/17/87  52 FR 26982.........  (c)(19).....  Related to
                                                                                              visibility in
                                                                                              Class I areas. 5-
                                                                                              502 (4)(d) and
                                                                                              (4)(e) approved.
                                     7/14/95     8/4/97  62 FR 41870.........  (c)(24).....
Subchapter VII Motor vehicle
 emissions
  Section 5-701 Removal of          12/10/72    5/31/72  37 FR 10899.........  (b).........
   control devices.                  3/24/79    2/19/80  45 FR 10775.........  (c)(10).....
  Section 5-702 Excessive smoke     12/10/72    5/31/72  37 FR 10899.........  (b).........
   emissions from motor vehicles.    3/24/79    2/19/80  45 FR 10775.........  (c)(10).....
  Section 5-801 Effective date...    3/24/79    1/30/80  45 FR 6781..........  (c)(9)......
Table 1--Process weight standards   12/10/72    5/31/72  37 FR 10899.........  (b).........
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......
Figure 1--Fuel-burning equipment.   12/10/72    5/31/72  37 FR 10899.........  (b).........
                                     7/12/76     2/4/77  42 FR 6811..........  (c)(6)......
                                     1/25/78   12/21/78  43 FR 59496.........  (c)(8)......
Table 2--PSD increments..........    3/24/79    1/30/80  45 FR 6781..........  (c)(9)......

[[Page 933]]

 
                                    12/15/90     3/5/91  56 FR 9177..........  (c)(20).....  Addition of NO2
                                                                                              increments for
                                                                                              Class I, II, and
                                                                                              III areas.
Table 3--Levels of significant       3/24/79    2/19/80  45 FR 10775.........  (c)(10).....
 impact for nonattainment areas.     11/4/79    2/19/80  45 FR 10775.........  (c)(10).....
                                     11/3/81    2/10/82  47 FR 6014..........  (c)(15).....
Definitions......................    4/20/88    1/10/95  60 FR 2527..........  (c)(21).....
  Section 5-802, Requirement for     4/20/88    1/10/95  60 FR 2527..........  (c)(21).....
   Registration.
  Section 5-803, Registration        4/20/88    1/10/95  60 FR 2527..........  (c)(21).....
   Procedure.
  Section 5-804, False or            4/20/88    1/10/95  60 FR 2527..........  (c)(21).....
   Misleading Information.
  Section 5-805, Commencement or     4/20/88    1/10/95  60 FR 2527..........  (c)(21).....
   Recommencement of Operation.
  Sections 5-806, Transfer of        4/20/88    1/10/95  60 FR 2527..........  (c)(21).....
   Operation.
----------------------------------------------------------------------------------------------------------------


[49 FR 46142, Nov. 23, 1984, as amended at 50 FR 7768, Feb. 26, 1985; 50 
FR 23810, June 6, 1985; 52 FR 26982, July 17, 1987; 56 FR 9177, Mar. 5, 
1991; 60 FR 2527, Jan. 10, 1995; 62 FR 17087, Apr. 9, 1997; 62 FR 41282, 
Aug. 1, 1997; 62 FR 41870, Aug. 4, 1997; 63 FR 19828, Apr. 22, 1998; 63 
FR 23501, Apr. 29, 1998]



Sec. 52.2382  Rules and regulations.

    (a) Non-Part D--No Action. EPA is neither approving or disapproving 
the following elements of the revisions:
    (1) Permit fees.
    (2) Intergovernmental consultation.
    (3) Stack height requirements.
    (4) Interstate pollution notification requirements.
    (5) Conflict of interest requirements.
    (b) Regulation for visibility monitoring and new source review. The 
provisions of Sec. Sec. 52.26 and 52.27 are hereby incorporated and 
made a part of the applicable plan for the State of Vermont.

[45 FR 10782, Feb. 19, 1980, as amended at 45 FR 59315, Sept. 9, 1980; 
46 FR 66789, Oct. 8, 1980; 46 FR 16897, Mar. 16, 1981; 50 FR 28553, July 
12, 1985]



Sec. 52.2383  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met because the plan does not include approvable procedures meeting the 
requirements of 40 CFR 51.305 and 51.307 for protection of visibility in 
mandatory Class I Federal areas.
    (b) Regulations for visibility monitoring and new source review. The 
provisions of Sec. Sec. 52.26 and 52.27 are hereby incorporated and 
made part of the applicable plan for the State of Vermont.

[51 FR 5505, Feb. 13, 1986]



Sec. 52.2384  Stack height review.

    The State of Vermont has declared to the satisfaction of EPA that no 
existing emission limitations have been affected by stack height credits 
greater than good engineering practice or any other prohibited 
dispersion techniques as defined in EPA's stack height regulations, as 
revised on July 8, 1985. This declaration was submitted to EPA on March 
21, 1986. The State has further declared in a letter from Harold T. 
Garabedian, dated March 21, 1986, that, ``[T]he State concludes that our 
present rule 5-502(4)(d) is adequate to insure that new emission sources 
will not be able to use credits from modeling ambient impacts at greater 
than `good engineering practice' stack height or from using `other 
dispersion techniques.' '' Thus, Vermont has satisfactorily demonstrated 
that its regulations meet 40 CFR 51.118 and 51.164.

[52 FR 49407, Dec. 31, 1987]



Sec. 52.2385  Requirements for state implementation plan revisions 
relating to new motor vehicles.

    Vermont must comply with the requirements of Sec. 51.120.

[60 FR 4738, Jan. 24, 1995]

[[Page 934]]



Sec. 52.2386  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Vermont'' and all revisions submitted by Vermont that 
were federally approved prior to August 14, 2000.
    (b) The plan was officially submitted on January 29, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Notice of public hearing submitted on February 3, 1972, by the 
Vermont Agency of Environmental Conservation.
    (2) Miscellaneous non-regulatory revisions to the plan submitted on 
February 25, 1972, by the Vermont Agency of Environmental Conservation.
    (3) Miscellaneous changes to regulations 5-412, 5-466, 5-467, 5-481, 
5-486, 5-487, and 5-488 submitted on May 19, 1972, by the Vermont Agency 
of Environmental Conservation.
    (4) Revision to the particulate emission limitation or Fuel Burning 
Equipment, revision to Rule 6, ``Rules of Practice,'' of the Air Quality 
Variance Board and miscellaneous non-regulatory revisions submitted on 
March 3, 1975, by the Vermont Agency of Environmental Conservation.
    (5) Revision to Chapter 5, ``Incinerator Emissions'' submitted on 
November 30, 1973, by the Vermont Agency of Environmental Conservation.
    (6) Revision to Vermont Regulations, Chapter 5, ``Air Pollution 
Control'', by letter submitted on July 19, 1976 by the Vermont Agency of 
Environmental Conservation.
    (7) Revision to Regulation 5-231, Prohibition of Particulate Matter, 
section 1, Industrial Process Emissions, with respect to wood processing 
operations, submitted by the Vermont Secretary of Environmental 
Conservation on April 11, 1977.
    (8) Revisions to Chapter 5 of the Vermont Air Pollution Control 
Regulations, submitted by the Secretary of Environmental Conservation on 
February 21, 1978.
    (9) Plans to meet various requirements of the Clean Air Act, 
including Part C, were submitted on March 21 and November 21, 1979. 
Included in these revisions is a program for the review of construction 
and operation of new and modified major stationary sources of pollution 
in attainment areas.
    (10) Attainment plans to meet the requirements of Part D and the 
Clean Air Act, as amended in 1977, were submitted on March 21, November 
21, November 27 and December 19, 1979. Included are plans to attain: The 
secondary TSP standard for Barre City and a portion of the Champlain 
Valley Air Management Area, the carbon monoxide standard in the 
Champlain Valley Air Management Area and the ozone standard in 
Chittenden, Addison, and Windsor Counties. A program was also submitted 
for the review of construction and operation of new and modified major 
stationary sources of pollution in non-attainment areas. Certain 
miscellaneous provisions were also included.
    (11) A plan to provide for public, local and state involvement in 
federally funded air pollution control activities was submitted on March 
28, 1980.
    (12) A plan to attain and maintain the National Ambient Air Quality 
Standard for lead was submitted on June 24, 1980 by the Secretary of the 
Vermont Agency of Environmental Conservation. A letter further 
explaining the state procedures for review ofnew major sources of lead 
emissions was submitted on November 7, 1980 by the Director, Air & Solid 
Waste Programs, Vermont Agency of Environmental Conservation.
    (13) A revision to the air quality monitoring network which meets 
the requirements of 40 CFR part 58, submitted on March 21, 1979 by the 
Governor of Vermont.
    (14) A revision to regulation 5-221(1), ``Sulfur Limitation in 
Fuel,'' submitted by the Secretary of the Vermont Agency of 
Environmental Conservation on November 13, 1979.
    (15) Revisions to amend Regulations 5-101 ``Definitions'', 5-501 
``Review of Construction or Modification of New Air Contaminant 
Sources'', 5-502 ``Major Stationary Sources'', and Section 9 of the non-
regulatory portion of the SIP; to delete Regulations 5-253(1 ``Storage 
of Volatile Organic Compounds'', 5-253(3), ``Bulk Gasoline Terminals'', 
and 5-231(4) ``Potentially Hazardous Particulate Matter''; to add

[[Page 935]]

Regulation 5-261 ``Control of Hazardous Air Contaminants''; and to amend 
Table 3 of the Regulations ``Levels of Significant Impact for 
Nonattainment Areas''; submitted by the Secretary of the Vermont Agency 
of Environmental Conservation on August 24, 1981.
    (16) A revision to Regulation 5-231, ``Prohibition of Particulate 
Matter,'' by the addition of subparagraph (3)(b) submitted by the 
Secretary of the Vermont Agency of Environmental Conservation for all 
but three stationary wood-fired combustion sources (excluded from 
submittal: Moran Generating Station, Burlington Electric Department; 
Rutland Plywood Company; and Cersosimo Lumber Company) on February 12, 
1982.
    (17) A revision to approve Regulation 5-231(3)(b) for Cersosimo 
Lumber Company submitted on March 23, 1983 by the Secretary of the 
Vermont Agency of Environmental Conservation. (Note: The Cersosimo 
Lumber Company was excluded from the original approval of Regulation 5-
231(3)(b) into the Vermont SIP identified at subparagraph (c)(16) 
above.)
    (18) A revision to approve Vermont Regulation 5-231(3)(b) for 
Rutland Plywood Corporation, submitted on October 19, 1984 by the 
Secretary of the Vermont Agency of Environmental Conservation.

    Note: Rutland Plywood Corporation was excluded from the original 
approval of Regulation 5-231(3)(b) in the Vermont SIP, identified at 
paragraph (c)(16) above.

    (19) A plan to protect visibility in the Lye Brook Wilderness, a 
mandatory Class I Federal area, from impairment caused by plume blight 
and to monitor visibility, in fulfillment of the requirements of 40 CFR 
part 51, subpart P. Submitted on April 15, 1986, the plan approves, only 
as they apply to mandatory Class I Federal areas, revisions to Vermont 
Regulations 5-101 (3), (14), (21), (59), and (76); 5-501(4); and 5-502 
(4)(d) and (4)(e).
    (i) Incorporation by reference.
    (A) Amendments to Environmental Protection Regulations Chapter 5, 
Air Pollution Control, Subchapter I. Definitions, 5-101 at subsections 
(3), (14), (21), (59), and (76), filed in its adopted form on September 
2, 1986.
    (B) Amendments to Environmental Protection Regulations Chapter 5, 
Air Pollution Control, Subchapter V. Review of New Air Contaminant 
Sources, 5-501 at subsection (4) requiring responsiveness to comments 
and any analyses submitted by any Federal Land Manager, filed in its 
adopted form on September 2, 1986.
    (C) Amendments to Environmental Protection Regulations Chapter 5, 
Air Pollution Control, Subchapter V. Review of New Air Contaminant 
Sources, 5-502 at subsection (4)(d) requiring a demonstration of no 
adverse impact on visibility in any Class I Federal area; and at 
subsection (4)(e) which reletters the former subsection (4)(d), filed in 
its adopted form on September 2, 1986.
    (ii) Additional material.
    (A) Narrative submittal consisting of two volumes entitled, 
``Implementation Plan for the Protection of Visibility in the State of 
Vermont'' and ``Appendices'' describing procedures, notifications, and 
technical evaluations to fulfill the visibility protection requirements 
of 40 CFR part 51, subpart P.
    (20) Revisions to the State Implementation Plan submitted by the 
Vermont Air Pollution Control Division on December 7, 1990 and January 
10, 1991.
    (i) Incorporation by reference.
    (A) Letter dated December 7, 1990 and letter with attachments dated 
January 10, 1991 from the Vermont Air Pollution Control Division 
submitting revisions to the Vermont State Implementation Plan.
    (B) Section 5-301 ``Scope,'' section 5-309 ``Nitrogen Dioxide--
Primary and Secondary Ambient Air Quality Standards,'' and Table 2 
``Prevention of Significant Deterioration (PSD) Increments,'' of Chapter 
5 ``Air Pollution Control'' of Vermont's Environmental Protection 
Regulations effective in the State of Vermont on December ?, 1990.
    (ii) Additional materials.
    (A) A state implementation plan narrative dated November, 1990 and 
entitled ``State of Vermont Air Quality Implementation Plan.
    (B) Nonregulatory portions of the state submittal.
    (21) Revisions to the State Implementation Plan submitted by the 
Vermont

[[Page 936]]

Air Pollution Control Division on August 9, 1993.
    (i) Incorporation by reference.
    (A) Letter dated August 9, 1993 from the Vermont Air Pollution 
Control Division submitting revisions to the Vermont State 
Implementation Plan. Vermont resubmitted Vermont's rule entitled 
``Registration of Air Contaminant Sources,'' Sections 5-801 through 5-
806 and the SIP narrative entitled ``State of Vermont Air Quality 
Implementation Plan, February 1993'' to meet the emission statement 
requirements of the Clean Air Act Amendments of 1990.
    (B) Letter dated February 4, 1993 from the Vermont Air Pollution 
Control Division submitting revisions to the Vermont State 
Implementation Plan which included Vermont's rule entitled 
``Registration of Air Contaminant Sources,'' Sections 5-801 through 5-
806 and the SIP narrative entitled ``State of Vermont Air Quality 
Implementation Plan, February 1993'' to meet the emission statement 
requirements of the Clean Air Act Amendments of 1990. Sections 5-801 
through 5-806 were previously adopted by Vermont and became effective on 
April 20, 1988.
    (C) Section 5-801 ``Definitions,'' section 5-802 ``Requirement for 
Registration,'' section 5-803 ``Registration Procedure,'' section 5-804 
``False or Misleading Information,'' section 5-805 ``Commencement or 
Recommencement of Operation,'' and section 5-806 ``Transfer of 
Operation'' effective on April 20, 1988.
    (ii) Additional materials.
    (A) Vermont's SIP narrative entitled ``State of Vermont Air Quality 
Implementation Plan, February 1993'' which addresses emission statement 
requirements not covered by sections 5-801 through 5-806.
    (B) Letter dated October 5, 1994 from the Vermont Air Pollution 
Control Division which clarifies Vermont procedures in developing the 
emission statement information.
    (C) Nonregulatory portions of the submittal.
    (22) Revisions to the State Implementation Plan submitted by the 
Vermont Air Pollution Control Division on August 9, 1993 and March 20, 
1995.
    (i) Incorporation by reference.
    (A) Letters from the Vermont Air Pollution Control Division dated 
August 9, 1993 and March 20, 1995 submitting revisions to the Vermont 
State Implementation Plan.
    (B) Regulations, including section 5-101, ``Definitions,'' 
subsection 5-251(2), ``Reasonably available control technology for large 
stationary sources,'' and, subsection 5-253.20, ``Other Sources That 
Emit Volatile Organic Compounds,'' adopted on July 9, 1993 and effective 
on August 13, 1993.
    (C) Administrative orders for Simpson Paper Company, in Gilman, 
Vermont, and, U.S. Samaica Corporation, in Rutland, Vermont, both 
adopted and effective on January 4, 1995.
    (23) Revisions to the State Implementation Plan submitted by the 
Vermont Air Pollution Control Division in November, 1990, establishing a 
PM10 standard.
    (i) Incorporation by reference.
    (A) Letter from the Vermont Air Pollution Control Division dated 
December 10, 1990 submitting a revision to the Vermont State 
Implementation Plan.
    (B) Section 5 of the Vermont air quality State Implementation Plan, 
dated November, 1990.
    (24) Revision to the State Implementation Plan submitted by the 
Vermont Department of Environmental Conservation on March 7, 1996.
    (i) Incorporation by reference.
    (A) Letter from the Vermont Department of Environmental Conservation 
dated March 7, 1996 submitting a revision to the Vermont State 
Implementation Plan.
    (B) Amendments to Table 2 ``Prevention of Significant Deterioration 
Increments'' referenced in Section 5-502(4)(c) of the Vermont Agency of 
Natural Resources Environmental Regulations (effective July 29, 1995).
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (25) Revisions to the State Implementation Plan submitted by the 
Vermont Air Pollution Control Division on February 3, 1993, August 9, 
1993, and August 10, 1994.
    (i) Incorporation by reference.

[[Page 937]]

    (A) Letters from the Vermont Air Pollution Control Division dated 
February 4, 1993, August 9, 1993, and August 10, 1994 submitting 
revisions to the Vermont State Implementation Plan.
    (B) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.1, entitled ``Petroleum Liquid 
Storage in Fixed Roof Tanks,'' effective in the State of Vermont on 
November 13, 1992.
    (C) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.2, entitled ``Bulk Gasoline 
Terminals,'' effective in the State of Vermont on November 13, 1992.
    (D) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.3, entitled ``Bulk Gasoline 
Plants,'' effective in the State of Vermont on November 13, 1992.
    (E) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.4, entitled ``Gasoline Tank 
Trucks,'' effective in the State of Vermont on November 13, 1992.
    (F) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.5, entitled ``Stage I Vapor 
Recovery Controls at Gasoline Dispensing Facilities,'' effective in the 
State of Vermont on November 13, 1992.
    (G) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.10, entitled ``Paper Coating,'' 
effective in the State of Vermont on November 13, 1992.
    (H) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.12, entitled ``Coating of Flat 
Wood Paneling,'' effective in the State of Vermont on November 13, 1992.
    (I) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.13, entitled ``Coating of 
Miscellaneous Metal Parts,'' effective in the State of Vermont on August 
13, 1993.
    (J) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.14, entitled ``Solvent Metal 
Cleaning,'' effective in the State of Vermont on August 13, 1993.
    (K) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-253.15, entitled ``Cutback and 
Emulsified Asphalt,'' effective in the State of Vermont on August 17, 
1994.
    (L) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-101, entitled ``Definitions,'' 
effective in the State of Vermont on November 13, 1992.
    (M) Chapter 5 of the Agency of Natural Resources Environmental 
Protection Regulations, Subsection 5-101, entitled ``Definitions,'' 
effective in the State of Vermont on August 13, 1993.
    (ii) Additional materials.
    (A) Vermont Agency of Natural Resources document entitled ``State of 
Vermont: Air Quality Implementation Plan'' dated August 1993.
    (B) Letter from the Vermont Agency of Natural Resources dated 
September 30, 1996 submitting a negative declaration for the 
shipbuilding and repair Control Techniques Guideline (CTG) category.
    (C) Letter from the Vermont Agency of Natural Resources dated April 
20, 1994 submitting a negative declaration for the synthetic organic 
chemical manufacturing industry (SOCMI) distillation and reactor 
processes CTG categories.
    (D) Letters from the Vermont agency of Natural Resources dated April 
6, 1992 and August 28, 1992 submitting negative declarations for several 
pre-1990 CTG categories.
    (E) Nonregulatory portions of the submittal.
    (26) Revisions to the State Implementation Plan submitted by the 
Vermont Air Pollution Control Division on July 28, 1998.
    (i) Additional materials.
    (A) Letter from the Vermont Air Pollution Control Division dated 
July 28, 1998 stating a negative declaration for the aerospace coating 
operations Control Techniques Guideline category.

[37 FR 10898, May 31, 1972. Redesignated and amended at 65 FR 54415, 
Sept. 8, 2000]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2386, see the List of CFR Sections Affected, which appears in the

[[Page 938]]

Finding Aids section of the printed volume and on GPO Access.



                           Subpart VV_Virginia



Sec. 52.2420  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for Virginia under section 110 of the Clean Air Act, 
42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air quality 
standards.
    (b) Incorporation by reference. (1) Material listed as incorporated 
by reference in paragraphs (c) and (d) 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 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 on or after June 1, 2007 will be 
incorporated by reference in the next update to the SIP compilation.
    (2) EPA Region III certifies that the rules/regulations provided by 
EPA at the addresses in paragraph (b)(3) of this section are an exact 
duplicate of the officially promulgated State rules/regulations which 
have been approved as part of the State implementation plan as of June 
1, 2007.
    (3) Copies of the materials incorporated by reference may be 
inspected at the EPA Region III Office at 1650 Arch Street, 
Philadelphia, PA 19103; the EPA, Air and Radiation Docket and 
Information Center, Room Number 3334, EPA West Building, 1301 
Constitution Avenue, NW., Washington, DC 20460; or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (c) EPA-Approved regulations.

                                 EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                            State
     State citation (9 VAC 5)          Title/subject      effective     EPA approval date   Explanation  [former
                                                             date                               SIP citation]
----------------------------------------------------------------------------------------------------------------
                                     Chapter 10 General Definitions [Part I]
----------------------------------------------------------------------------------------------------------------
5-10-10..........................  General.............       8/1/02  3/15/04, 69 FR 12074  Revised paragraphs
                                                                                             A, B, C.
5-10-20..........................  Terms Defined--            4/1/96  3/12/97, 62 FR 11334  Sec. 52.2465(c)
                                    Definitions of                                          (113)(i)(B)(1).
                                    Administrator,
                                    Federally
                                    Enforceable,
                                    Implementation
                                    Plan, Potential to
                                    Emit, State
                                    Enforceable,
                                    Volatile Organic
                                    Compound.
5-10-20..........................  Terms Defined--.....      4/17/95  4/21/00, 65 FR 21315
                                   Added Terms--
                                    Department,
                                    Virginia Register
                                    Act.
                                   Revised Terms--
                                    Administrative
                                    Process Act,
                                    Director (replaces
                                    Executive
                                    Director), Virginia
                                    Air Pollution
                                    Control Law.
5-10-20..........................  Terms Defined [all        4/17/95  4/21/00, 65 FR 21315  120-01-02.
                                    other SIP-approved
                                    terms not listed
                                    above].
5-10-20..........................  Terms Defined--.....       1/1/98  1/7/03, 68 FR 663...  Terms Added--Public
                                                                                             hearing;
                                                                                             Regulations for the
                                                                                             Control and
                                                                                             Abatement of Air
                                                                                             Pollution,
                                                                                             Regulation of the
                                                                                             Board, These
                                                                                             regulations.
                                                         ...........                        Terms Revised--Good
                                                                                             Engineering
                                                                                             Practice, Person,
                                                                                             Volatile organic
                                                                                             compound.

[[Page 939]]

 
                                                         ...........                        Terms Deleted (moved
                                                                                             to 9 VAC 5-170-20)--
                                                                                             Administrative
                                                                                             Process Act, Air
                                                                                             quality maintenance
                                                                                             area, Confidential
                                                                                             information,
                                                                                             Consent agreement,
                                                                                             Consent order,
                                                                                             Emergency special
                                                                                             order, Order,
                                                                                             Special order,
                                                                                             Variance.
5-10-20..........................  Terms Defined.......       8/1/02  3/15/04, 69 FR 12074  Terms Added: EPA,
                                                                                             Initial emissions
                                                                                             test, Initial
                                                                                             performance test
                                                                                             (as corrected 11/05/
                                                                                             03 and effective 01/
                                                                                             01/04 in the
                                                                                             Commonwealth),
                                                                                             Maintenance area.
                                                         ...........                        Terms Revised:
                                                                                             Affected facility,
                                                                                             Delayed compliance
                                                                                             order, Excessive
                                                                                             concentration,
                                                                                             Federally
                                                                                             enforceable,
                                                                                             Malfunction, Public
                                                                                             hearing, Reference
                                                                                             method, Reid vapor
                                                                                             pressure,
                                                                                             Stationary source,
                                                                                             True vapor
                                                                                             pressure, Vapor
                                                                                             pressure, Volatile
                                                                                             organic compounds.
                                                         ...........                        Terms Removed: Air
                                                                                             Quality Maintenance
                                                                                             Area.
5-10-20..........................  Terms Defined.......      5/04/05  8/18/06, 71 FR 47742  definition of
                                                                                             ``volatile organic
                                                                                             compound''.
5-10-30..........................  Abbreviations.......       7/1/97  4/21/00, 65 FR 21315  Appendix A.
----------------------------------------------------------------------------------------------------------------
                                          Chapter 20 General Provisions
                                              Part I Administrative
----------------------------------------------------------------------------------------------------------------
5-20-10A.-C......................  Applicability.......      4/17/95  4/21/00, 65 FR 21315  120-02-01.
5-20-70..........................  Circumvention.......      4/17/95  4/21/00, 65 FR 21315  120-02-07.
5-20-80..........................  Relationship of           4/17/95  4/21/00, 65 FR 21315  120-02-08.
                                    state regulations
                                    to federal
                                    regulations.
5-20-121.........................  Air Quality Program        7/1/97  4/21/00, 65 FR 21315  Appendix S.
                                    Policies and
                                    Procedures.
----------------------------------------------------------------------------------------------------------------
                                          Part II Air Quality Programs
----------------------------------------------------------------------------------------------------------------
5-20-160.........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-02-31.
5-20-170.........................  Control Programs....      4/17/95  4/21/00, 65 FR 21315  120-02-32.

[[Page 940]]

 
5-20-180.........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-02-34.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-20-200.........................  Air Quality Control        7/1/97  4/21/00, 65 FR 21315  Appendix B.
                                    Regions (AQCR).
5-20-202.........................  Metropolitan               7/1/97  4/21/00, 65 FR 21315  Appendix G.
                                    Statistical Areas.
5-20-203.........................  Air Quality               7/29/08  10/29/08, 73 FR       Richmond and Hampton
                                    Maintenance Areas.                 64211.                Roads 8-Hour Ozone
                                                                                             Areas are added.
5-20-204.........................  Nonattainment Areas.      7/29/08  10/29/08, 73 FR       Richmond and Hampton
                                                                       64211.                Roads 8-Hour Ozone
                                                                                             Areas are deleted.
5-20-205.........................  Prevention of           01/01/98,  8/18/06, 71 FR 47744
                                    Significant            04/01/98,
                                    Deterioration Areas.   01/01/99,
                                                            08/25/04
5-20-206.........................  Volatile Organic         10/04/06  3/2/07, 72 FR 9441..  Addition of new
                                    Compound and                                             Fredericksburg Area
                                    Nitrogen Oxides                                          and expansion of
                                    Emissions Control                                        Richmond and
                                    Areas.                                                   Hampton Roads
                                                                                             Emission Control
                                                                                             Areas.
5-20-220.........................  Shutdown of a              4/1/98  6/27/03, 68 FR 38191
                                    stationary source.
5-20-230.........................  Certification of           4/1/98  6/27/03, 68 FR 38191
                                    Documents.
----------------------------------------------------------------------------------------------------------------
                                        VR120, Part II General Provisions
----------------------------------------------------------------------------------------------------------------
VR120-02-02......................  Establishment of           2/1/85  2/25/93, 58 FR 11373  EPA has informed VA
                                    Regulations and                                          that except for the
                                    Orders.                                                  Appeals rule, these
                                                                                             provisions no
                                                                                             longer need to be
                                                                                             part of the SIP. VA
                                                                                             has withdrawn 2/93
                                                                                             and 2/98 revisions
                                                                                             to the Appeals rule
                                                                                             from SIP review.
                                                                                             Last substantive
                                                                                             SIP change became
                                                                                             State-effective on
                                                                                             8/6/79
                                                                                            [Sec.
                                                                                             52.2465(c)(55)].
VR120-02-04......................  Hearings and               2/1/85  2/25/93, 58 FR 11373
                                    Proceedings.
VR120-02-05A.....................  Variances--General..       2/1/85  2/25/93, 58 FR 11373
VR 2.05(b).......................  Variances--Fuel           8/14/75  10/8/80, 45 FR 66792
                                    Emergency.
VR120-02-09......................  Appeals.............       2/1/85  2/25/93, 58 FR 11373
VR120-02-12......................  Procedural                 2/1/85  2/25/93, 58 FR 11373
                                    information and
                                    guidance.
Appendix E.......................  Public Participation       2/1/85  2/25/93, 58 FR 11373
                                    Guidelines.
Appendix F.......................  Delegation of              2/1/85  2/25/93, 58 FR 11373
                                    Authority.
----------------------------------------------------------------------------------------------------------------
                               Chapter 30 Ambient Air Quality Standards [Part III]
----------------------------------------------------------------------------------------------------------------
5-30-10..........................  General.............       9/8/04  3/3/06, 71 FR 10842.
5-30-30..........................  Sulfur Oxides              9/8/04  3/3/06, 71 FR 10842.
                                    (Sulfur Dioxide).
5-30-40..........................  Carbon Monoxide.....       9/8/04  3/3/06, 71 FR 10842.
5-30-50..........................  Ozone (1-hour)......       9/8/04  3/3/06, 71 FR 10842.
5-30-55..........................  Ozone (8-hour)......       9/8/04  3/3/06, 71 FR 10842.  Added Section.
5-30-60..........................  Particulate Matter         9/8/04  3/3/06, 71 FR 10842.
                                    (PM10).
5-30-65..........................  Particulate Matter..       9/8/04  3/3/06, 71 FR 10842.  Added Section.
5-30-70..........................  Nitrogen Dioxide....       9/8/04  3/3/06, 71 FR 10842.
5-30-80..........................  Lead................       9/8/04  3/3/06, 71 FR 10842.
----------------------------------------------------------------------------------------------------------------

[[Page 941]]

 
                                Chapter 40 Existing Stationary Sources [Part IV]
                                            Part I Special Provisions
----------------------------------------------------------------------------------------------------------------
5-40-10..........................  Applicability.......       8/1/02  3/15/04, 69 FR 12074
5-40-20 (except paragraph A.4.)..  Compliance..........       8/1/02  3/15/04, 69 FR 12074
5-40-21..........................  Compliance Schedules       7/1/97  4/21/00, 65 FR 21315  Appendix N.
5-40-22..........................  Interpretation of          7/1/97  4/21/00, 65 FR 21315  Appendix Q.
                                    Emissions Standards
                                    Based on Process
                                    Weight-Rate Tables.
5-40-30..........................  Emission Testing....       8/1/02  3/15/04, 69 FR 12074
5-40-40..........................  Monitoring..........       8/1/02  3/15/04, 69 FR 12074
5-40-41..........................  Emission Monitoring        7/1/97  4/21/00, 65 FR 21315  Appendix J.
                                    Procedures for
                                    Existing Sources.
5-40-50..........................  Notification,              8/1/02  3/15/04, 69 FR 12074
                                    Records and
                                    Reporting.
----------------------------------------------------------------------------------------------------------------
                                           Part II Emission Standards
                       Article 1 Visible Emissions and Fugitive Dust/Emissions (Rule 4-1)
----------------------------------------------------------------------------------------------------------------
5-40-60..........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-0101.
                                    Designation of
                                    Affected Facility.
5-40-70..........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-0102.
5-40-80..........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-0103.
                                    Emissions.
5-40-90..........................  Standard for               2/1/03  4/29/05, 70 FR 22263
                                    Fugitive Dust/
                                    Emissions.
5-40-100.........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-0105.
5-40-110.........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-0106.
                                    Procedures.
5-40-120.........................  Waivers.............       2/1/03  4/29/05, 70 FR 22263
----------------------------------------------------------------------------------------------------------------
                     Article 4 Emission Standards for General Process Operations (Rule 4-4)
----------------------------------------------------------------------------------------------------------------
5-40-240.........................  Applicability and          1/1/02  2/28/08, 73 FR 10640
                                    designation of
                                    affected facility.
5-40-250.........................  Definitions.........       1/1/02  2/28/08, 73 FR 10640
5-40-260.........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-0403.
                                    Particulate Matter
                                    (AQCR 1-6).
5-40-270.........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-0404.
                                    Particulate Matter
                                    (AQCR 7).
5-40-280.........................  Standard for Sulfur       4/17/95  4/21/00, 65 FR 21315  120-04-0405.
                                    Dioxide.
5-40-300.........................  Standard for             10/04/06  3/2/07, 72 FR 9441..
                                    Volatile Organic
                                    Compounds.
5-40-310A-E......................  Standard for              3/24/04  4/27/05, 70 FR 21625
                                    Nitrogen Oxides.
5-40-311.........................  Reasonably available       1/1/02  2/28/08, 73 FR 10640  Removal of
                                    control technology                                       definitions
                                    guidelines for                                           ``Combustion
                                    stationary sources                                       unit,'' ``Fuel
                                    of nitrogen oxides.                                      burning equipment
                                                                                             installation'' and
                                                                                             ``Total capacity''
                                                                                             in 9 VAC 5-40-
                                                                                             311B.3.
                                                                                            Exception: 311D.
5-40-320.........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-0409.
                                    Emissions.
5-40-330.........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-0410.
                                    Fugitive Dust/
                                    Emissions.
5-40-360.........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-0413.
5-40-370.........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-0414.
                                    Procedures.
5-40-380.........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-0415.
5-40-390.........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-0416.
                                    Records and
                                    Reporting.
5-40-400.........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-0417.
5-40-410.........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-0418.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-420.........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-0419.
----------------------------------------------------------------------------------------------------------------
    Article 5 Emission Standards for Synthesized Pharmaceutical Products Manufacturing Operations (Rule 4-5)
----------------------------------------------------------------------------------------------------------------
5-40-430.........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-0501.
                                    Designation of
                                    Affected Facility.
5-40-440.........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-0502.
4-40-450.........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-0503.
                                    Volatile Organic
                                    Compounds.
5-40-460.........................  Control Technology         2/1/02  3/3/06, 71 FR 10838.
                                    Guidelines.
5-40-470.........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-0505.
                                    Emissions.
5-40-480.........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-0506.
                                    Fugitive Dust/
                                    Emissions.
5-40-510.........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-0509.
5-40-520.........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-0510.
                                    Procedures.
5-40-530.........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-0511.
5-40-540.........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-0512.
                                    Records and
                                    Reporting.

[[Page 942]]

 
5-40-550.........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-0513.
5-40-560.........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-0514.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-570.........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-0515.
----------------------------------------------------------------------------------------------------------------
                Article 6 Emission Standards for Rubber Tire Manufacturing Operations (Rule 4-6)
----------------------------------------------------------------------------------------------------------------
5-40-580.........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-0601.
                                    Designation of
                                    Affected Facility.
5-40-590.........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-0602.
5-40-600.........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-0603.
                                    Volatile Organic
                                    Compounds.
5-40-610.........................  Control Technology        4/17/95  4/21/00, 65 FR 21315  120-04-0604.
                                    Guidelines.
5-40-620.........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-0605.
                                    Emissions.
5-40-630.........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-0606.
                                    Fugitive Dust/
                                    Emissions.
5-40-660.........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-0609.
5-40-670.........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-0610.
                                    Procedures.
5-40-680.........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-0611.
5-40-690.........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-0612.
                                    Records and
                                    Reporting.
5-40-700.........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-0613.
5-40-710.........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-0614.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-720.........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-0615.
----------------------------------------------------------------------------------------------------------------
                            Article 7 Emission Standards for Incinerators (Rule 4-7)
----------------------------------------------------------------------------------------------------------------
5-40-730.........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-0701.
                                    Designation of
                                    Affected Facility.
5-40-740.........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-0702.
5-40-750.........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-0703.
                                    Particulate Matter.
5-40-760.........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-0704.
                                    Emissions.
5-40-770.........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-0705.
                                    Fugitive Dust/
                                    Emissions.
5-40-800.........................  Prohibition of Flue-      4/17/95  4/21/00, 65 FR 21315  120-04-0708.
                                    Fed Incinerators.
5-40-810.........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-0709.
5-40-820.........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-0710.
                                    Procedures.
5-40-830.........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-0711.
5-40-840.........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-0712.
                                    Records and
                                    Reporting.
5-40-850.........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-0713.
5-40-860.........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-0714.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-870.........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-0715.
----------------------------------------------------------------------------------------------------------------
                       Article 8 Emission Standards for Fuel Burning Equipment (Rule 4-8)
----------------------------------------------------------------------------------------------------------------
5-40-880.........................  Applicability and          4/1/99  5/31/01, 66 FR 29495
                                    Designation of
                                    Affected Facility.
5-40-890.........................  Definitions.........       4/1/99  5/31/01, 66 FR 29495
5-40-900.........................  Standard for               4/1/99  5/31/01, 66 FR 29495
                                    Particulate Matter.
5-40-910.........................  Emission Allocation       4/17/95  4/21/00, 65 FR 21315  120-04-0804.
                                    System.
5-40-920.........................  Determination of          4/17/95  4/21/00, 65 FR 21315  120-04-0805.
                                    Collection
                                    Equipment
                                    Efficiency Factor.
5-40-930.........................  Standard for Sulfur       4/17/95  4/21/00, 65 FR 21315  120-04-0806.
                                    Dioxide.
5-40-940.........................  Standard for Visible       4/1/99  5/31/01, 66 FR 29495
                                    Emissions.
5-40-950.........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-0808.
                                    Fugitive Dust/
                                    Emissions.
5-40-980.........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-0811.
5-40-990.........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-0812.
                                    Procedures.
5-40-1000........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-0813.
5-40-1010........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-0814.
                                    Records and
                                    Reporting.
5-40-1020........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-0815.
5-40-1030........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-0816.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-1040........................  Permits.............       4/1/99  5/31/01, 66 FR 29495
----------------------------------------------------------------------------------------------------------------
                             Article 9 Emission Standards for Coke Ovens (Rule 4-9)
----------------------------------------------------------------------------------------------------------------
5-40-1050........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-0901.
                                    Designation of
                                    Affected Facility.
5-40-1060........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-0902.
5-40-1070........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-0903.
                                    Particulate Matter.
5-40-1080........................  Standard for Sulfur       4/17/95  4/21/00, 65 FR 21315  120-04-0904.
                                    Dioxide.
5-40-1090........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-0905.
                                    Emissions.
5-40-1100........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-0906.
                                    Fugitive Dust/
                                    Emissions.

[[Page 943]]

 
5-40-1130........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-0909.
5-40-1140........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-0910.
                                    Procedures.
5-40-1150........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-0911.
5-40-1160........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-0912.
                                    Records and
                                    Reporting.
5-40-1170........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-0913.
5-40-1180........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-0914.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-1190........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-0915.
----------------------------------------------------------------------------------------------------------------
                      Article 10 Emission Standards for Asphalt Concrete Plants (Rule 4-10)
----------------------------------------------------------------------------------------------------------------
5-40-1200........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-1001.
                                    Designation of
                                    Affected Facility.
5-40-1210........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-1002.
5-40-1220........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1003.
                                    Particulate Matter.
5-40-1230........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-1004.
                                    Emissions.
5-40-1240........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1005.
                                    Fugitive Dust/
                                    Emissions.
5-40-1270........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-1008.
5-40-1280........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-1009.
                                    Procedures.
5-40-1290........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-1010.
5-40-1300........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-1011.
                                    Records and
                                    Reporting.
5-40-1310........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-1012.
5-40-1320........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-1013.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-1330........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-1014.
----------------------------------------------------------------------------------------------------------------
                   Article 11 Emission Standards for Petroleum Refinery Operations (Rule 4-11)
----------------------------------------------------------------------------------------------------------------
5-40-1340........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-1101.
                                    Designation of
                                    Affected Facility.
5-40-1350........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-1102.
5-40-1360........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1103.
                                    Particulate Matter.
5-40-1370........................  Standard for Sulfur       4/17/95  4/21/00, 65 FR 21315  120-04-1104.
                                    Dioxide.
5-40-1390........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1106.
                                    Volatile Organic
                                    Compounds.
5-40-1400........................  Control Technology        4/17/95  4/21/00, 65 FR 21315  120-04-1107.
                                    Guidelines.
5-40-1410........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-1108.
                                    Emissions.
5-40-1420........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1109.
                                    Fugitive Dust/
                                    Emissions.
5-40-1450........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-1112.
5-40-1460........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-1113.
                                    Procedures.
5-40-1470........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-1114.
5-40-1480........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-1115.
                                    Records and
                                    Reporting.
5-40-1490........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-1116.
5-40-1500........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-1117.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-1510........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-1118.
----------------------------------------------------------------------------------------------------------------
           Article 12 Emission Standards for Chemical Fertilizer Manufacturing Operations (Rule 4-12)
----------------------------------------------------------------------------------------------------------------
5-40-1520........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-1201.
                                    Designation of
                                    Affected Facility.
5-40-1530........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-1202.
5-40-1540........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1203.
                                    Particulate Matter.
5-40-1550........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-1204.
                                    Emissions.
5-40-1560........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1205.
                                    Fugitive Dust/
                                    Emissions.
5-40-1590........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-1208.
5-40-1600........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-1209.
                                    Procedures.
5-40-1610........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-1210.
5-40-1620........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-1211.
                                    Records and
                                    Reporting.
5-40-1630........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-1212.
5-40-1640........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-1213.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-1650........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-1214.
----------------------------------------------------------------------------------------------------------------
                    Article 13 Emission Standards From Kraft Pulp and Paper Mills (Rule 4-13)
----------------------------------------------------------------------------------------------------------------
5-40-1660........................  Applicability and          4/1/99  10/19/07, 72 FR
                                    designation of                     59207.
                                    affected facilities.

[[Page 944]]

 
5-40-1670........................  Definitions.........       4/1/99  10/19/07, 72 FR       Existing: Kraft pulp
                                                                       59207.                mill, Lime kiln,
                                                                                             Recovery furnace,
                                                                                             Smelt dissolving
                                                                                             tank.
                                                                                            Added: Black liquor
                                                                                             solids, Green
                                                                                             liquor sulfidity,
                                                                                             Neutral sulfite
                                                                                             semichemical
                                                                                             pulping operation,
                                                                                             New design recovery
                                                                                             furnace, Pulp and
                                                                                             paper mill,
                                                                                             Semichemical
                                                                                             pulping process;
                                                                                            Revised: Cross
                                                                                             recovery furnace,
                                                                                             Straight kraft
                                                                                             recovery furnace.
                                                                                            Remaining
                                                                                             definitions are
                                                                                             Federally
                                                                                             enforceable as part
                                                                                             of the Section
                                                                                             111(d) plan for
                                                                                             kraft pulp mills
                                                                                             (see, Sec.
                                                                                             62.11610).
5-40-1680........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1303.
                                    Particulate Matter.
5-40-1700........................  Control Technology        4/17/95  4/21/00, 65 FR 21315  120-04-1305.
                                    Guidelines.
5-40-1710........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-1306
                                    Emissions.
5-40-1720........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1307.
                                    Fugitive Dust/
                                    Emissions.
5-40-1750........................  Compliance..........       4/1/99  10/19/07, 72 FR
                                                                       59207.
5-40-1760........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-1311.
                                    Procedures.
5-40-1770A.......................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-1312A. Note:
                                                                                             Sections 5-40-
                                                                                             1770B. and C. are
                                                                                             federally
                                                                                             enforceable as part
                                                                                             of the Section
                                                                                             111(d) plan for
                                                                                             kraft pulp mills
                                                                                             (see, Sec.
                                                                                             62.11610).
5-40-1780A.......................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-1313A. Note:
                                    Records and                                              Sections 5-40-
                                    Reporting.                                               1780B. through D.
                                                                                             are federally
                                                                                             enforceable as part
                                                                                             of the Section
                                                                                             111(d) plan for
                                                                                             kraft pulp mills
                                                                                             (see, Sec.
                                                                                             62.11610).
5-40-1790........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-1314.
5-40-1800........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-1315.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-1810........................  Permits.............       4/1/99  10/19/07, 72 FR
                                                                       59207 .
   Article 14 Emission Standards for Sand and Gravel Processing Operations and Stone Quarrying and Processing
                                             Operations (Rule 4-14)
----------------------------------------------------------------------------------------------------------------
5-40-1820........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-1401.
                                    Designation of
                                    Affected Facility.
5-40-1830........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-1402.

[[Page 945]]

 
5-40-1840........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1403.
                                    Particulate Matter.
5-40-1850........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-1404.
                                    Emissions.
5-40-1860........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1405.
                                    Fugitive Dust/
                                    Emissions.
5-40-1890........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-1408.
5-40-1900........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-1409.
                                    Procedures.
5-40-1910........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-1410.
5-40-1920........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-1411.
                                    Records and
                                    Reporting.
5-40-1930........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-1412.
5-40-1940........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-1413.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-1950........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-1414.
----------------------------------------------------------------------------------------------------------------
                      Article 15 Emission Standards for Coal Preparation Plants (Rule 5-15)
----------------------------------------------------------------------------------------------------------------
5-40-1960........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-1501.
                                    Designation of
                                    Affected Facility.
5-40-1970........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-1502.
5-40-1980........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1503.
                                    Particulate Matter.
5-40-1990........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-1504.
                                    Emissions.
5-40-2000........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1505.
                                    Fugitive Dust/
                                    Emissions.
5-40-2030........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-1508.
5-40-2040........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-1509.
                                    Procedures.
5-40-2050........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-1510.
5-40-2060........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-1511.
                                    Records and
                                    Reporting.
5-40-2070........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-1512.
5-40-2080........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-1513.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-2090........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-1514.
----------------------------------------------------------------------------------------------------------------
                      Article 16 Emission Standards for Portland Cement Plants (Rule 4-16)
----------------------------------------------------------------------------------------------------------------
5-40-2100........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-1601.
                                    Designation of
                                    Affected Facility.
5-40-2110........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-1602.
5-40-2120........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1603.
                                    Particulate Matter.
5-40-2130........................  Standard for Sulfur       4/17/95  4/21/00, 65 FR 21315  120-04-1604.
                                    Dioxide.
5-40-2140........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-1605.
                                    Emissions.
5-40-2150........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1606.
                                    Fugitive Dust/
                                    Emissions.
5-40-2180........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-1609.
5-40-2190........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-1610.
                                    Procedures.
5-40-2200........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-1611.
5-40-2210........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-1612.
                                    Records and
                                    Reporting.
5-40-2220........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-1613.
5-40-2230........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-1614.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-2240........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-1615.
----------------------------------------------------------------------------------------------------------------
                      Article 17 Emission Standards for Woodworking Operations (Rule 4-17)
----------------------------------------------------------------------------------------------------------------
5-40-2250........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-1701.
                                    Designation of
                                    Affected Facility.
5-40-2260........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-1702.
5-40-2270........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1703.
                                    Particulate Matter.
5-40-2280........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-1704.
                                    Emissions.
5-40-2290........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1705.
                                    Fugitive Dust/
                                    Emissions.
5-40-2320........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-1708.
5-40-2330........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-1709.
                                    Procedures.
5-40-2340........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-1710.
5-40-2350........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-1711.
                                    Records and
                                    Reporting.
5-40-2360........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-1712.
5-40-2370........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-1713.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-2380........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-1714.
----------------------------------------------------------------------------------------------------------------
              Article 18 Emission Standards for Primary and Secondary Metal Operations (Rule 4-18)
----------------------------------------------------------------------------------------------------------------
5-40-2390........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-1801.
                                    Designation of
                                    Affected Facility.
5-40-2400........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-1802.
5-40-2410........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1803.
                                    Particulate Matter.
5-40-2420........................  Standard for Sulfur       4/17/95  4/21/00, 65 FR 21315  120-04-1804.
                                    Oxides.

[[Page 946]]

 
5-40-2430........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-1805.
                                    Emissions.
5-40-2440........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1806.
                                    Fugitive Dust/
                                    Emissions.
5-40-2470........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-1809.
5-40-2480........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-1810.
                                    Procedures.
5-40-2490........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-1811.
5-40-2500........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-1812.
                                    Records and
                                    Reporting.
5-40-2510........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-1813.
5-40-2520........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-1814.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-2530........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-1815.
----------------------------------------------------------------------------------------------------------------
             Article 19 Emission Standards for Lightweight Aggregate Process Operations (Rule 4-19)
----------------------------------------------------------------------------------------------------------------
5-40-2540........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-1901.
                                    Designation of
                                    Affected Facility.
5-40-2550........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-1902.
5-40-2560........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1903.
                                    Particulate Matter.
5-40-2570........................  Standard for Sulfur       4/17/95  4/21/00, 65 FR 21315  120-04-1904.
                                    Oxides.
5-40-2580........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-1905.
                                    Emissions.
5-40-2590........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-1906.
                                    Fugitive Dust/
                                    Emissions.
5-40-2620........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-1909.
5-40-2630........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-1910.
                                    Procedures.
5-40-2640........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-1911.
5-40-2650........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-1912.
                                    Records and
                                    Reporting.
5-40-2660........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-1913.
5-40-2670........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-1914.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-2680........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-1915.
----------------------------------------------------------------------------------------------------------------
                   Article 20 Emission Standards for Feed Manufacturing Operations (Rule 4-20)
----------------------------------------------------------------------------------------------------------------
5-40-2690........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-2001.
                                    Designation of
                                    Affected Facility.
5-40-2700........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-2002.
5-40-2710........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-2003.
                                    Particulate Matter.
5-40-2720........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-2004.
                                    Emissions.
5-40-2730........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-2005.
                                    Fugitive Dust/
                                    Emissions.
5-40-2760........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-2008.
5-40-2770........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-2009.
                                    Procedures.
5-40-2780........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-2010.
5-40-2790........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-2011.
                                    Records and
                                    Reporting.
5-40-2800........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-2012.
5-40-2810........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-2013.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-2820........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-2014.
----------------------------------------------------------------------------------------------------------------
                  Article 21 Emission Standards for Sulfuric Acid Production Plants (Rule 4-21)
----------------------------------------------------------------------------------------------------------------
5-40-2830........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-2101.
                                    Designation of
                                    Affected Facility.
5-40-2840........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-2102.
5-40-2850........................  Standard for Sulfur       4/17/95  4/21/00, 65 FR 21315  120-04-2103.
                                    Dioxide.
5-40-2870........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-2105.
                                    Emissions.
5-40-2880........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-2106.
                                    Fugitive Dust/
                                    Emissions.
5-40-2910........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-2109.
5-40-2920........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-2110.
                                    Procedures.
5-40-2930........................  Monitoring..........       2/1/02  3/3/06, 71 FR 10838.
5-40-2940........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-2112.
                                    Records and
                                    Reporting.
5-40-2950........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-2113.
5-40-2960........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-2114.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-2970........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-2115.
----------------------------------------------------------------------------------------------------------------
                    Article 22 Emission Standards for Sulfur Recovery Operations (Rule 4-22)
----------------------------------------------------------------------------------------------------------------
5-40-2980........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-2201.
                                    Designation of
                                    Affected Facility.
5-40-2990........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-2202.
5-40-3000........................  Standard for Sulfur       4/17/95  4/21/00, 65 FR 21315  120-04-2203.
                                    Dioxide.
5-40-3010........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-2204.
                                    Emissions.
5-40-3020........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-2205.
                                    Fugitive Dust/
                                    Emissions.

[[Page 947]]

 
5-40-3050........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-2208.
5-40-3060........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-2209.
                                    Procedures.
5-40-3070........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-2210.
5-40-3080........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-2211.
                                    Records and
                                    Reporting.
5-40-3090........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-2212.
5-40-3100........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-2213.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-3110........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-2214.
----------------------------------------------------------------------------------------------------------------
                   Article 23 Emission Standards for Nitric Acid Production Units (Rule 4-23)
----------------------------------------------------------------------------------------------------------------
5-40-3120........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-2301.
                                    Designation of
                                    Affected Facility.
5-40-3130........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-2302.
5-40-3140........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-2303.
                                    Nitrogen Oxides.
5-40-3150........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-2304.
                                    Emissions.
5-40-3160........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-2305.
                                    Fugitive Dust/
                                    Emissions.
5-40-3190........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-2308.
5-40-3200........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-2309.
                                    Procedures.
5-40-3210........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-2310.
5-40-3220........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-2311.
                                    Records and
                                    Reporting.
5-40-3230........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-2312.
5-40-3240........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-2313.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-3250........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-2314.
----------------------------------------------------------------------------------------------------------------
 Article 24 Emission Standards for Solvent Metal Cleaning Operations Using Non-Halogenated Solvents (Rule 4-24)
----------------------------------------------------------------------------------------------------------------
5-40-3260........................  Applicability and         3/24/04  5/17/05, 70 FR 28215
                                    Designation of
                                    Affected Facility.
5-40-3270........................  Definitions.........       4/1/97  11/3/99, 64 FR 59635
5-40-3280........................  Standard for               4/1/97  11/3/99, 64 FR 59635
                                    Volatile Organic
                                    Compounds.
5-40-3290........................  Control Technology         4/1/97  11/3/99, 64 FR 59635
                                    Guidelines.
5-40-3300........................  Standard for Visible       4/1/97  11/3/99, 64 FR 59635
                                    Emissions.
5-40-3310........................  Standard for               4/1/97  11/3/99, 64 FR 59635
                                    Fugitive Dust/
                                    Emissions.
5-40-3340........................  Compliance..........       4/1/97  11/3/99, 64 FR 59635
5-40-3350........................  Test Methods and           4/1/97  11/3/99, 64 FR 59635
                                    Procedures.
5-40-3360........................  Monitoring..........       4/1/97  11/3/99, 64 FR 59635
5-40-3370........................  Notification,              4/1/97  11/3/99, 64 FR 59635
                                    Records and
                                    Reporting.
5-40-3380........................  Registration........       4/1/97  11/3/99, 64 FR 59635
5-40-3390........................  Facility and Control       4/1/97  11/3/99, 64 FR 59635
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-3400........................  Permits.............       4/1/97  11/3/99, 64 FR 59635
----------------------------------------------------------------------------------------------------------------
     Article 25 Emission Standards for Volatile Organic Compound Storage and Transfer Operations (Rule 4-25)
----------------------------------------------------------------------------------------------------------------
5-40-3410........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-2501.
                                    Designation of
                                    Affected Facility.
5-40-3420........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-2502.
5-40-3430........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-2503.
                                    Volatile Organic
                                    Compounds.
5-40-3440........................  Control Technology        4/17/95  4/21/00, 65 FR 21315  120-04-2504.
                                    Guidelines.
5-40-3450........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-2505.
                                    Emissions.
5-40-3460........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-2506.
                                    Fugitive Dust/
                                    Emissions.
5-40-3490........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-2509.
5-40-3500........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-2510.
                                    Procedures.
5-40-3510........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-2511.
5-40-3520........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-2512.
                                    Records and
                                    Reporting.
5-40-3530........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-2513.
5-40-3540........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-2514.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-3550........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-2515.
----------------------------------------------------------------------------------------------------------------
                 Article 26 Emission Standards for Large Coating Application Systems (Rule 4-26)
----------------------------------------------------------------------------------------------------------------
5-40-3560........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-2601.
                                    Designation of
                                    Affected Facility.
5-40-3570........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-2602.
5-40-3580........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-2603.
                                    Volatile Organic
                                    Compounds.
5-40-3590........................  Control Technology        4/17/95  4/21/00, 65 FR 21315  120-04-2604.
                                    Guidelines.
5-40-3600........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-2605.
                                    Emissions.
5-40-3610........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-2606.
                                    Fugitive Dust/
                                    Emissions.

[[Page 948]]

 
5-40-3640........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-2609.
5-40-3650........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-2610.
                                    Procedures.
5-40-3660........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-2611.
5-40-3670........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-2612.
                                    Records and
                                    Reporting.
5-40-3680........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-2613.
5-40-3690........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-2614.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-3700........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-2615.
----------------------------------------------------------------------------------------------------------------
              Article 27 Emission Standards for Magnet Wire Coating Application Systems (Rule 4-27)
----------------------------------------------------------------------------------------------------------------
5-40-3710........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-2701.
                                    Designation of
                                    Affected Facility.
5-40-3720........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-2702.
5-40-3730........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-2703.
                                    Volatile Organic
                                    Compounds.
5-40-3740........................  Control Technology        4/17/95  4/21/00, 65 FR 21315  120-04-2704.
                                    Guidelines.
5-40-3750........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-2705.
                                    Emissions.
5-40-3760........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-2706.
                                    Fugitive Dust/
                                    Emissions.
5-40-3790........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-2709.
5-40-3800........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-2710.
                                    Procedures.
5-40-3810........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-2711.
5-40-3820........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-2712.
                                    Records and
                                    Reporting.
5-40-3830........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-2713.
5-40-3840........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-2714.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-3850........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-2715.
----------------------------------------------------------------------------------------------------------------
    Article 28 Emission Standards for Automobile and Light Duty Truck Coating Application Systems (Rule 4-28)
----------------------------------------------------------------------------------------------------------------
5-40-3860........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-2801.
                                    Designation of
                                    Affected Facility.
5-40-3870........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-2802.
5-40-3880........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-2803.
                                    Volatile Organic
                                    Compounds.
5-40-3890........................  Control Technology        4/17/95  4/21/00, 65 FR 21315  120-04-2804.
                                    Guidelines.
5-40-3900........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-2805.
                                    Emissions.
5-40-3910........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-2806.
                                    Fugitive Dust/
                                    Emissions.
5-40-3940........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-2809.
5-40-3950........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-2810.
                                    Procedures.
5-40-3960........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-2811.
5-40-3970........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-2812.
                                    Records and
                                    Reporting.
5-40-3980........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-2813.
5-40-3990........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-2814.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-4000........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-2815.
----------------------------------------------------------------------------------------------------------------
                  Article 29 Emission Standards for Can Coating Application Systems (Rule 4-29)
----------------------------------------------------------------------------------------------------------------
5-40-4010........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-2901.
                                    Designation of
                                    Affected Facility.
5-40-4020........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-2902.
5-40-4030........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-2903.
                                    Volatile Organic
                                    Compounds.
5-40-4040........................  Control Technology        4/17/95  4/21/00, 65 FR 21315  120-04-2904.
                                    Guidelines.
5-40-4050........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-2905.
                                    Emissions.
5-40-4060........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-2906.
                                    Fugitive Dust/
                                    Emissions.
5-40-4090........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-2909.
5-40-4100........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-2910.
                                    Procedures.
5-40-4110........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-2911.
5-40-4120........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-2912.
                                    Records and
                                    Reporting.
5-40-4130........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-2913.
5-40-4140........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-2914.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-4150........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-2915.
----------------------------------------------------------------------------------------------------------------
              Article 30 Emission Standards for Metal Coil Coating Application Systems (Rule 4-30)
----------------------------------------------------------------------------------------------------------------
5-40-4160........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-3001.
                                    Designation of
                                    Affected Facility.
5-40-4170........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-3002.
5-40-4180........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-3003.
                                    Volatile Organic
                                    Compounds.
5-40-4190........................  Control Technology        4/17/95  4/21/00, 65 FR 21315  120-04-3004.
                                    Guidelines.
5-40-4200........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-3005.
                                    Emissions.

[[Page 949]]

 
5-40-4210........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-3006.
                                    Fugitive Dust/
                                    Emissions.
5-40-4240........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-3009.
5-40-4250........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-3010.
                                    Procedures.
5-40-4260........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-3011.
5-40-4270........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-3012.
                                    Records and
                                    Reporting.
5-40-4280........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-3013.
5-40-4290........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-3014.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-4300........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-3015.
----------------------------------------------------------------------------------------------------------------
           Article 31 Emission Standards for Paper and Fabric Coating Application Systems (Rule 4-31)
----------------------------------------------------------------------------------------------------------------
5-40-4310........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-3101.
                                    Designation of
                                    Affected Facility.
5-40-4320........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-3102.
5-40-4330........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-3103.
                                    Volatile Organic
                                    Compounds.
5-40-4340........................  Control Technology        4/17/95  4/21/00, 65 FR 21315  120-04-3104.
                                    Guidelines.
5-40-4350........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-3105.
                                    Emissions.
5-40-4360........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-3106.
                                    Fugitive Dust/
                                    Emissions.
5-40-4390........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-3109.
5-40-4400........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-3110.
                                    Procedures.
5-40-4410........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-3111.
5-40-4420........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-3112.
                                    Records and
                                    Reporting.
5-40-4430........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-3113.
5-40-4440........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-3114.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-4450........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-3115.
----------------------------------------------------------------------------------------------------------------
                 Article 32 Emission Standards for Vinyl Coating Application Systems (Rule 4-32)
----------------------------------------------------------------------------------------------------------------
5-40-4460........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-3201.
                                    Designation of
                                    Affected Facility.
5-40-4470........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-3202.
5-40-4480........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-3203.
                                    Volatile Organic
                                    Compounds.
5-40-4490........................  Control Technology        4/17/95  4/21/00, 65 FR 21315  120-04-3204.
                                    Guidelines.
5-40-4500........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-3205.
                                    Emissions.
5-40-4510........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-3206.
                                    Fugitive Dust/
                                    Emissions.
5-40-4540........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-3209.
5-40-4550........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-3210.
                                    Procedures.
5-40-4560........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-3211.
5-40-4570........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-3212.
                                    Records and
                                    Reporting.
5-40-4580........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-3213.
5-40-4590........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-3214.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-4600........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-3215.
----------------------------------------------------------------------------------------------------------------
            Article 33 Emission Standards for Metal Furniture Coating Application Systems (Rule 4-33)
----------------------------------------------------------------------------------------------------------------
5-40-4610........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-3301.
                                    Designation of
                                    Affected Facility.
5-40-4620........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-3302.
5-40-4630........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-3303.
                                    Volatile Organic
                                    Compounds.
5-40-4640........................  Control Technology        4/17/95  4/21/00, 65 FR 21315  120-04-3304.
                                    Guidelines.
5-40-4650........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-3305.
                                    Emissions.
5-40-4660........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-3306.
                                    Fugitive Dust/
                                    Emissions.
5-40-4690........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-3309.
5-40-4700........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-3310.
                                    Procedures.
5-40-4710........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-3311.
5-40-4720........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-3312.
                                    Records and
                                    Reporting.
5-40-4730........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-3313.
5-40-4740........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-3314.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-4750........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-3315.
----------------------------------------------------------------------------------------------------------------
Article 34 Emission Standards for Miscellaneous Metal Parts and Products Coating Application Systems (Rule 4-34)
----------------------------------------------------------------------------------------------------------------
5-40-4760........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-3401.
                                    Designation of
                                    Affected Facility.
5-40-4770........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-3402.
5-40-4780........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-3403.
                                    Volatile Organic
                                    Compounds.
5-40-4790........................  Control Technology        4/17/95  4/21/00, 65 FR 21315  120-04-3404.
                                    Guidelines.

[[Page 950]]

 
5-40-4800........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-3405.
                                    Emissions.
5-40-4810........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-3406.
                                    Fugitive Dust/
                                    Emissions.
5-40-4840........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-3409.
5-40-4850........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-3410.
                                    Procedures.
5-40-4860........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-3411.
5-40-4870........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-3412.
                                    Records and
                                    Reporting.
5-40-4880........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-3413.
5-40-4890........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-3414.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-4900........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-3415.
----------------------------------------------------------------------------------------------------------------
           Article 35 Emission Standards for Flatwood Paneling Coating Application Systems (Rule 4-35)
----------------------------------------------------------------------------------------------------------------
5-40-4910........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-3501.
                                    Designation of
                                    Affected Facility.
5-40-4920........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-3502.
5-40-4930........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-3503.
                                    Volatile Organic
                                    Compounds.
5-40-4940........................  Control Technology        4/17/95  4/21/00, 65 FR 21315  120-04-3504.
                                    Guidelines.
5-40-4950........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-3505.
                                    Emissions.
5-40-4960........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-3506.
                                    Fugitive Dust/
                                    Emissions.
5-40-4990........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-3509.
5-40-5000........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-3510.
                                    Procedures.
5-40-5010........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-3511.
5-40-5020........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-3512.
                                    Records and
                                    Reporting.
5-40-5030........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-3513.
5-40-5040........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-3514.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-5050........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-3515.
----------------------------------------------------------------------------------------------------------------
     Article 36 Flexographic, Packaging Rotogravure, and Publication Rotogravure Printing Lines (Rule 4-36)
----------------------------------------------------------------------------------------------------------------
5-40-5060........................  Applicability and       04/01/96,  3/2/07, 72 FR 9441..
                                    Designation of          10/04/06
                                    Affected Facility.
5-40-5070........................  Definitions.........       4/1/96  3/12/97, 62 FR 11334  Sec. 52.2465 (c)
                                                                                             (113) (i) (B) (4).
5-40-5080........................  Standard for               4/1/96  3/12/97, 62 FR 11334
                                    Volatile Organic
                                    Compounds.
5-40-5090........................  Standard for Visible       4/1/96  3/12/97, 62 FR 11334
                                    Emissions.
5-40-5100........................  Standard for               4/1/96  3/12/97, 62 FR 11334
                                    Fugitive Dust/
                                    Emissions.
5-40-5130........................  Compliance..........       4/1/96  3/12/97, 62 FR 11334
5-40-5140........................  Test Methods and           4/1/96  3/12/97, 62 FR 11334
                                    Procedures.
5-40-5150........................  Monitoring..........       4/1/96  3/12/97, 62 FR 11334
5-40-5160........................  Notification,              4/1/96  3/12/97, 62 FR 11334
                                    Records and
                                    Reporting.
5-40-5170........................  Registration........       4/1/96  3/12/97, 62 FR 11334
5-40-5180........................  Facility and Control       4/1/96  3/12/97, 62 FR 11334
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-5190........................  Permits.............       4/1/96  3/12/97, 62 FR 11334
----------------------------------------------------------------------------------------------------------------
         Article 37 Emission Standards for Petroleum Liquid Storage and Transfer Operations (Rule 4-37)
----------------------------------------------------------------------------------------------------------------
5-40-5200........................  Applicability and       04/01/96,  3/2/07, 72 FR 9441..
                                    Designation of          10/04/06
                                    Affected Facility.
5-40-5210........................  Definitions.........       2/1/02  3/3/06, 71 FR 10838.
5-40-5220........................  Standard for              3/24/04  4/27/05, 70 FR 21625
                                    Volatile Organic
                                    Compounds.
5-40-5230........................  Control Technology         2/1/02  3/3/06, 71 FR 10838.
                                    Guidelines.
5-40-5240........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-3705.
                                    Emissions.
5-40-5250........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-3706.
                                    Fugitive Dust/
                                    Emissions.
5-40-5280........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-3709.
5-40-5290........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-3710.
                                    Procedures.
5-40-5300........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-3711.
5-40-5310........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-3712.
                                    Records and
                                    Reporting.
5-40-5320........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-04-3713.
5-40-5330........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-04-3714.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-40-5340........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-04-3715.
----------------------------------------------------------------------------------------------------------------
                     Article 39 Emission Standards for Asphalt Paving Operations (Rule 4-39)
----------------------------------------------------------------------------------------------------------------
5-40-5490........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-3901.
                                    Designation of
                                    Affected Facility.
5-40-5500........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-3902.
5-40-5510........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-3903.
                                    Volatile Organic
                                    Compounds.

[[Page 951]]

 
5-40-5520........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-04-3904.
                                    Emissions.
5-40-5530........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-04-3905.
                                    Fugitive Dust/
                                    Emissions.
5-40-5560........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-04-3908.
5-40-5570........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-04-3909.
                                    Procedures.
5-40-5580........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-04-3910.
5-40-5590........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-04-3911.
                                    Records and
                                    Reporting.
----------------------------------------------------------------------------------------------------------------
                           Article 40 Emission Standards for Open Burning (Rule 4-40)
----------------------------------------------------------------------------------------------------------------
5-40-5600........................  Applicability.......     10/18/06  March 19, 2009, 74    Provisions of
                                                                       FR 11661.             Article 40 expanded
                                                                                             to new localities
                                                                                             in the emissions
                                                                                             control areas.
5-40-5610........................  Definitions.........     10/18/06  March 19, 2009, 74    Terms added: ``Air
                                                                       FR 11661.             curtain
                                                                                             incinerator,''
                                                                                             ``Clean lumber,''
                                                                                             ``Wood waste,'' and
                                                                                             ``Yard waste.''
                                                         ...........                        Terms revised:
                                                                                             ``Clean burning
                                                                                             waste,'' ``Clean
                                                                                             wood,''
                                                                                             ``Commercial
                                                                                             waste,''
                                                                                             ``Construction
                                                                                             waste,'' ``Debris
                                                                                             waste,''
                                                                                             ``Demolition
                                                                                             waste,''
                                                                                             ``Garbage,''
                                                                                             ``Hazardous
                                                                                             waste,''
                                                                                             ``Household
                                                                                             waste,''
                                                                                             ``Industrial
                                                                                             waste,''
                                                                                             ``Junkyard,''
                                                                                             ``Open burning,''
                                                                                             ``Open pit
                                                                                             incinerator,''
                                                                                             ``Refuse,''
                                                                                             ``Sanitary
                                                                                             landfill,'' and
                                                                                             ``Special
                                                                                             incineration
                                                                                             device.''
5-40-5620........................  Open burning             10/18/06  March 19, 2009, 74
                                    prohibitions.                      FR 11661.
5-40-5630........................  Permissible open         10/18/06  March 19, 2009,- 74
                                    burning.                           FR 11661.
5-40-5631........................  Forest Management          7/1/97  3/12/97, 62 FR 11332  Former Appendix D,
                                    and Agricultural                                         effective 4/1/96.
                                    Practices.
----------------------------------------------------------------------------------------------------------------
                          Article 41 Emission Standards for Mobile Sources (Rule 4-41)
----------------------------------------------------------------------------------------------------------------
5-40-5650........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-04-4101.
                                    Designation of
                                    Affected Facility.
5-40-5660........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-04-4102.
5-40-5670........................  Motor Vehicles......      4/17/95  4/21/00, 65 FR 21315  120-04-4103.
5-40-5680........................  Other Mobile Sources      4/17/95  4/21/00, 65 FR 21315  120-04-4104.
5-40-5690........................  Export/Import of          4/17/95  4/21/00, 65 FR 21315  120-04-4105.
                                    Motor Vehicles.
----------------------------------------------------------------------------------------------------------------

[[Page 952]]

 
  Article 42 Emissions Standards for Portable Fuel Container Spillage in the Northern Virginia Volatile Organic
                                   Compound Emissions Control Area (Rule 4-42)
----------------------------------------------------------------------------------------------------------------
5-40-5700........................  Applicability and        10/04/06  12/05/07, 72 FR       Revision extends the
                                    designation of                     68511.                applicability to
                                    affected facility.                                       include the
                                                                                             Fredericksburg VOC
                                                                                             Emissions Control
                                                                                             Area.
5-40-5710........................  Definitions.........      3/24/04  6/8/04, 69 FR 31893.
5-40-5720........................  Standard for             10/04/06  12/05/07, 72 FR
                                    volatile organic                   68511.
                                    compounds.
5-40-5730........................  Administrative            3/24/04  6/8/04, 69 FR 31893.
                                    requirements.
5-40-5740........................  Compliance..........      3/24/04  6/8/04, 69 FR 31893.
5-40-5750........................  Compliance schedules     10/04/06  12/05/07, 72 FR
                                                                       68511.
5-40-5760........................  Test methods and          3/24/04  6/8/04, 69 FR 31893.
                                    procedures.
5-40-5770........................  Notification,             3/24/04  6/8/04, 69 FR 31893.
                                    records and
                                    reporting.
----------------------------------------------------------------------------------------------------------------
                             Article 43 Municipal Solid Waste Landfills (Rule 4-43)
----------------------------------------------------------------------------------------------------------------
5-40-5800........................  Applicability and         1/29/04  12/29/04, 69 FR
                                    Designation of                     77900.
                                    Affected Facility.
5-40-5810........................  Definitions.........      1/29/04  12/29/04, 69 FR
                                                                       77900.
5-40-5820........................  Standards for Air         1/29/04  12/29/04, 69 FR
                                    Emissions.                         77900.
5-40-5822........................  Operational               1/29/04  12/29/04, 69 FR
                                    standards for                      77900.
                                    collection and
                                    control systems.
 5-40-5824.......................  Specifications for        1/29/04  12/29/04, 69 FR
                                    active collection                  77900.
                                    systems.
5-40-5850........................  Compliance..........      1/29/04  12/29/04, 69 FR
                                                                       77900.
5-40-5855........................  Compliance schedule.      1/29/04  12/29/04, 69 FR
                                                                       77900.
5-40-5860........................  Test methods and          1/29/04  12/29/04, 69 FR
                                    procedures.                        77900.
5-40-5870........................  Monitoring..........      1/29/04  12/29/04, 69 FR
                                                                       77900.
5-40-5880........................  Reporting...........      1/29/04  12/29/04, 69 FR
                                                                       77900.
5-40-5890........................  Recordkeeping.......      1/29/04  12/29/04, 69 FR
                                                                       77900.
5-40-5900........................  Registration........      1/29/04  12/29/04, 69 FR
                                                                       77900.
5-40-5910........................  Facility and control      1/29/04  12/29/04, 69 FR
                                    equipment                          77900.
                                    maintenance or
                                    malfunction.
5-40-5920........................  Permits.............      1/29/04  12/29/04, 69 FR
                                                                       77900.
----------------------------------------------------------------------------------------------------------------
  Article 47 Emission Standards for Solvent Metal Cleaning Operations in the Northern Virginia Volatile Organic
                                   Compound Emissions Control Area (Rule 4-47)
----------------------------------------------------------------------------------------------------------------
5-40-6820........................  Applicability.......      3/24/04  6/9/04, 69 FR 32277.
5-40-6830........................  Definitions.........      3/24/04  6/9/04, 69 FR 32277.
5-40-6840........................  Standards for             3/24/04  6/9/04, 69 FR 32277.
                                    volatile organic
                                    compounds.
5-40-6850........................  Standard for visible      3/24/04  6/9/04, 69 FR 32277.
                                    emissions.
5-40-6860........................  Standard for              3/24/04  6/9/04, 69 FR 32277.
                                    fugitive dust/
                                    emissions.
5-40-6890........................  Compliance..........      3/24/04  6/9/04, 69 FR 32277.
5-40-6900........................  Compliance schedules      3/24/04  6/9/04, 69 FR 32277.
5-40-6910........................  Test methods and          3/24/04  6/9/04, 69 FR 32277.
                                    procedures.
5-40-6920........................  Monitoring..........      3/24/04  6/9/04, 69 FR 32277.
5-40-6930........................  Notification,             3/24/04  6/9/04, 69 FR 32277.
                                    records and
                                    reporting.
5-40-6940........................  Registration........      3/24/04  6/9/04, 69 FR 32277.
5-40-6950........................  Facility and control      3/24/04  6/9/04, 69 FR 32277.
                                    equipment
                                    maintenance or
                                    malfunction.
5-40-6960........................  Permits.............      3/24/04  6/9/04, 69 FR 32277.
----------------------------------------------------------------------------------------------------------------

[[Page 953]]

 
  Article 48 Emission Standards for Mobile Equipment Repair and Refinishing Operations in the Northern Virginia
                          Volatile Organic Compound Emissions Control Area (Rule 4-48)
----------------------------------------------------------------------------------------------------------------
5-40-6970........................  Applicability and        10/04/06  12/05/07, 72 FR       Revision extends the
                                    designation of                     68511.                applicability to
                                    affected facility.                                       include the
                                                                                             Fredericksburg VOC
                                                                                             Emissions Control
                                                                                             Area
5-40-6980........................  Definitions.........      3/24/04  6/24/04, 69 FR 35253
5-40-6990........................  Standards for             3/24/04  6/24/04, 69 FR 35253
                                    volatile organic
                                    compounds.
5-40-7000........................  Standard for visible      3/24/04  6/24/04, 69 FR 35253
                                    emissions.
5-40-7010........................  Standard for              3/24/04  6/24/04, 69 FR 35253
                                    fugitive dust/
                                    emissions.
5-40-7040........................  Compliance..........      3/24/04  6/24/04, 69 FR 35253
5-40-7050........................  Compliance schedule.     10/04/06  12/05/07, 72 FR
                                                                       68511.
----------------------------------------------------------------------------------------------------------------
5-40-7060........................  Test methods and          3/24/04  6/24/04, 69 FR 35253
                                    procedures.
5-40-7070........................  Monitoring..........      3/24/04  6/24/04, 69 FR 35253
5-40-7080........................  Notification,             3/24/04  6/24/04, 69 FR 35253
                                    records and
                                    reporting.
5-40-7090........................  Registration........      3/24/04  6/24/04, 69 FR 35253
5-40-7100........................  Facility and control      3/24/04  6/24/04, 69 FR 35253
                                    equipment
                                    maintenance or
                                    malfunction.
5-40-7110........................  Permits.............      3/24/04  6/24/04, 69 FR 35253
----------------------------------------------------------------------------------------------------------------
                    Article 49 Architectural And Industrial Maintenance Coatings (Rule 4-49)
----------------------------------------------------------------------------------------------------------------
5-40-7120........................  Applicability and        10/04/06  12/05/07, 72 FR       Revision extends the
                                    designation of                     68511.                applicability to
                                    affected facility.                                       include the
                                                                                             Fredericksburg VOC
                                                                                             Emissions Control
                                                                                             Area.
5-40-7130........................  Definitions.........     10/04/06  12/05/07, 72 FR       Revision adds
                                                                       68511.                definitions for the
                                                                                             following: ASTM,
                                                                                             Calcimine
                                                                                             recoater,Concrete
                                                                                             surface retarder,
                                                                                             Conversion varnish,
                                                                                             Impacted immersion
                                                                                             coating, Nuclear
                                                                                             coatings, and
                                                                                             Thermoplasftic
                                                                                             rubber coating and
                                                                                             mastic.
5-40-7140........................  Standard for             10/04/06  12/05/07, 72 FR       Revision adds
                                    volatile organic                   68511.                standards for the
                                    compounds.                                               following
                                                                                             categories:
                                                                                             Calcimine
                                                                                             recoaters,
                                                                                             Conversion
                                                                                             varnishes, Concrete
                                                                                             surface retarder,
                                                                                             Impacted immersion
                                                                                             coatings, Nuclear
                                                                                             coatings, and
                                                                                             Thermoplastic
                                                                                             rubber coating and
                                                                                             mastic.
5-40-7150........................  Container Labeling        3/24/04  5/12/05, 70 FR 24970
                                    Requirements.
5-40-7160........................  Standard for Visible      3/24/04  5/12/05, 70 FR 24970
                                    Emissions.
5-40-7170........................  Standard for              3/24/04  5/12/05, 70 FR 24970
                                    Fugitive Dust/
                                    Emissions.
5-40-7200........................  Compliance..........      3/24/04  5/12/05, 70 FR 24970

[[Page 954]]

 
5-40-7210........................  Compliance schedules     10/04/06  12/05/07, 72 FR
                                                                       68511.
5-40-7220........................  Test Methods and          3/24/04  5/12/05, 70 FR 24970
                                    Procedures.
5-40-7230........................  Notification,             3/24/04  5/12/05, 70 FR 24970
                                    Records and
                                    Reporting.
----------------------------------------------------------------------------------------------------------------
                                    Article 50 Consumer Products (Rule 4-50)
----------------------------------------------------------------------------------------------------------------
5-40-7240........................  Applicability.......     10/04/06  12/05/07, 72 FR       Revision extends the
                                                                       68511.                applicability to
                                                                                             include the
                                                                                             Fredericksburg VOC
                                                                                             Emissions Control
                                                                                             Area.
5-40-7250........................  Exemptions..........     10/04/06  12/05/07, 72 FR
                                                                       68511.
5-40-7260........................  Definitions.........     10/04/06  12/05/07, 72 FR
                                                                       68511.
5-40-7270........................  Standard for             10/04/06  12/05/07, 72 FR
                                    volatile organic                   68511.
                                    compounds.
5-40-7280........................  Alternative control        3/9/05  1/30/07, 72 FR 4207.
                                    plan (ACP) for
                                    consumer products.
5-40-7290........................  Innovative Products.       3/9/05  1/30/07, 72 FR 4207.
5-40-7300........................  Administrative           10/04/06  12/05/07, 72 FR
                                    requirements.                      68511.
5-40-7320........................  Compliance..........       3/9/05  1/30/07, 72 FR 4207.
5-40-7330........................  Compliance schedules     10/04/06  12/05/07, 72 FR
                                                                       68511.
5-40-7340........................  Test methods and           3/9/05  1/30/07, 72 FR 4207.
                                    procedures.
5-40-7350........................  Monitoring..........       3/9/05  1/30/07, 72 FR 4207.
5-40-7360........................  Notification,            10/04/06  12/05/07, 72 FR
                                    records and                        68511.
                                    reporting.
       Article 53 Emission Standards for Lithographic Printing Processes (Rule 4-53) [Formerly Article 45]
----------------------------------------------------------------------------------------------------------------
5-40-7800........................  Applicability and        10/04/06  3/2/07, 72 FR 9441..  Revised to include
                                    designation of                                           and exempt certain
                                    affected facility.                                       emission control
                                                                                             areas.
5-40-7810........................  Definitions of            4/1/96,  3/2/07, 72 FR 9441..
                                    ``alcohol,''             10/4/06
                                    ``Cleaning
                                    solution,''
                                    ``fountain
                                    solution,''
                                    ``lithographic
                                    printing,''
                                    ``printing
                                    process''.
5-40-7820........................  Standard for            04/01/96,  3/2/07, 72 FR 9441..
                                    Volatile Organic        10/04/06
                                    Compounds.
5-40-7840........................  Standard for Visible    04/01/96,  3/2/07, 72 FR 9441..
                                    Emissions.              10/04/06
5-40-7850........................  Standard for            04/01/96,  3/2/07, 72 FR 9441..
                                    Fugitive Dust           10/04/06
                                    Emissions.
5-40-7880........................  Compliance..........     10/04/06  3/2/07, 72 FR 9441..  Revisions to
                                                                                             compliance dates.
5-40-7890........................  Test Methods and        04/01/96,  3/2/07, 72 FR 9441..
                                    Procedures.             10/04/06
5-40-7900........................  Monitoring..........    04/01/96,  3/2/07, 72 FR 9441..
                                                            10/04/06
5-40-7910........................  Notification,           04/01/96,  3/2/07, 72 FR 9441..
                                    Records and             10/04/06
                                    Reporting.
5-40-7920........................  Registration........    04/01/96,  3/2/07, 72 FR 9441..
                                                            10/04/06
5-40-7930........................  Facility and Control    04/01/96,  3/2/07, 72 FR 9441..
                                    Equipment               10/04/06
                                    Maintenance and
                                    Malfunction.
5-40-7940........................  Permits.............    04/01/96,  3/2/07, 72 FR 9441..
                                                            10/04/06
----------------------------------------------------------------------------------------------------------------
                             Chapter 50 New and Modified Stationary Sources [Part V]
                                            Part I Special Provisions
----------------------------------------------------------------------------------------------------------------
5-50-10..........................  Applicability.......       8/1/02  3/15/04, 69 FR 12074
5-50-20..........................  Compliance..........       8/1/02  3/15/04, 69 FR 12074
5-50-30..........................  Performance Testing.       8/1/02  3/15/04, 69 FR 12074
5-50-40..........................  Monitoring..........       8/1/02  3/15/04, 69 FR 12074
5-50-50..........................  Notification,              8/1/02  3/15/04, 69 FR 12074
                                    Records and
                                    Reporting.
----------------------------------------------------------------------------------------------------------------

[[Page 955]]

 
                                           Part II Emission Standards
         Article 1 Standards of Performance for Visible Emissions and Fugitive Dust/Emissions (Rule 5-1)
----------------------------------------------------------------------------------------------------------------
5-50-60..........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-05-0101.
                                    Designation of
                                    Affected Facility.
5-50-70..........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-05-0102.
5-50-80..........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-05-0103.
                                    Emissions.
5-50-90..........................  Standard for               2/1/03  4/29/05, 70 FR 22263
                                    Fugitive Dust/
                                    Emissions.
5-50-100.........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-05-0105.
5-50-110.........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-05-0106.
                                    Procedures.
5-50-120.........................  Waivers.............       2/1/03  4/29/05, 70 FR 22263
----------------------------------------------------------------------------------------------------------------
                      Article 4 Standards of Performance for Stationary Sources (Rule 5-4)
----------------------------------------------------------------------------------------------------------------
5-50-240.........................  Applicability and         4/17/95  4/21/00, 65 FR 21315  120-05-0401.
                                    Designation of
                                    Affected Facility.
5-50-250.........................  Definitions.........       9/1/06  10/22/08, 73 FR       Revised definition
                                                                       62897.                of New Source
                                                                                             Review Program.
                                                                                             Limited Approval.
5-50-260.........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-05-0403.
                                    Stationary Sources.
5-50-270.........................  Standards for Major        9/1/06  10/22/08, 73 FR       Changes ``Qualifying
                                    Stationary Sources                 62893.                pollutant'' to
                                    (Nonattainment                                           ``Regulated NSR
                                    Areas).                                                  pollutant''.
                                                                                             Limited Approval.
5-50-280.........................  Standards for Major        9/1/06  10/22/08, 73 FR       Changes ``Pollutant
                                    Stationary Sources                 62897.                subject to
                                    (Prevention of                                           regulation under
                                    Significant                                              the federal Clean
                                    Deterioration                                            Air Act'' to
                                    Areas).                                                  ``Regulated NSR
                                                                                             pollutant''.
                                                                                             Limited Approval.
5-50-290.........................  Standard for Visible      4/17/95  4/21/00, 65 FR 21315  120-05-0406.
                                    Emissions.
5-50-300.........................  Standard for              4/17/95  4/21/00, 65 FR 21315  120-05-0407.
                                    Fugitive Dust/
                                    Emissions.
5-50-330.........................  Compliance..........      4/17/95  4/21/00, 65 FR 21315  120-05-0410.
5-50-340.........................  Test Methods and          4/17/95  4/21/00, 65 FR 21315  120-05-0411.
                                    Procedures.
5-50-350.........................  Monitoring..........      4/17/95  4/21/00, 65 FR 21315  120-05-0412.
5-50-360.........................  Notification,             4/17/95  4/21/00, 65 FR 21315  120-05-0413.
                                    Records and
                                    Reporting.
5-50-370.........................  Registration........      4/17/95  4/21/00, 65 FR 21315  120-05-0414.
5-50-380.........................  Facility and Control      4/17/95  4/21/00, 65 FR 21315  120-05-0415.
                                    Equipment
                                    Maintenance or
                                    Malfunction.
5-50-390.........................  Permits.............      4/17/95  4/21/00, 65 FR 21315  120-05-0416.
----------------------------------------------------------------------------------------------------------------
                             Chapter 70 Air Pollution Episode Prevention [Part VII]
----------------------------------------------------------------------------------------------------------------
5-70-10..........................  Applicability.......      4/17/95  4/21/00, 65 FR 21315  120-07-01.
5-70-20..........................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  120-07-02.
5-70-30..........................  General.............      4/17/95  4/21/00, 65 FR 21315  120-07-03.
5-70-40..........................  Episode                    4/1/99  10/19/00, 65 FR       References to
                                    Determination.                     62626.                ``TSP'' have been
                                                                                             removed.
5-70-50..........................  Standby Emission          4/17/95  4/21/00, 65 FR 21315  120-07-05.
                                    Reduction Plans.
5-70-60..........................  Control Requirements      4/17/95  4/21/00, 65 FR 21315  120-07-06.
5-70-70..........................  Local Air Pollution       4/17/95  4/21/00, 65 FR 21315  120-07-07.
                                    Control Agency
                                    Participation.
----------------------------------------------------------------------------------------------------------------
                              Chapter 80 Permits for Stationary Sources [Part VIII]
----------------------------------------------------------------------------------------------------------------
5-80-10..........................  New and Modified          4/17/95  4/21/00, 65 FR 21315  120-08-01.
                                    Stationary Sources.
10A..............................  Applicability.......      4/17/95  4/21/00, 65 FR 21315  01A.
10B..............................  Definitions.........      4/17/95  4/21/00, 65 FR 21315  01B.
10C (Exc.C.1.b)..................  General.............      4/17/95  4/21/00, 65 FR 21315  01C. (Exc.C.1.b).
10D..............................  Applications........      4/17/95  4/21/00, 65 FR 21315  01D.
10E..............................  Information required      4/17/95  4/21/00, 65 FR 21315  01E.
10F..............................  Action on permit          4/17/95  4/21/00, 65 FR 21315  01F.
                                    application.

[[Page 956]]

 
10G..............................  Public participation      4/17/95  4/21/00, 65 FR 21315  01G.;
                                                                                            Exceptions: 10.G.1
                                                                                             and .10G.4.b.
VR120-08-01C.4.b., c.............  Public                   7/31/81;  5/4/82, 47 FR 19134;  See Sec.
                                    Participation--publ   recodified   recodified 2/25/93,   52.2423(o).
                                    ic hearing                2/1/85   58 FR 11373.
                                    requirements for
                                    major modifications.
10H.2. and 10H.3.................  Standards for             4/17/95  4/21/00, 65 FR 21315  01H.2. and 01H.3.
                                    granting permits.
10I.1. and 10I.3.................  Application review        4/17/95  4/21/00, 65 FR 21315  01I.1. and 01I.3.
                                    and analysis.
10J..............................  Compliance                4/17/95  4/21/00, 65 FR 21315  01J
                                    determination and
                                    verification by
                                    performance testing.
10K..............................  Permit invalidation,      4/17/95  4/21/00, 65 FR 21315  01K.
                                    revocation and
                                    enforcement.
10L..............................  Existence of permit       4/17/95  4/21/00, 65 FR 21315  01L.
                                    no defense.
10M..............................  Compliance with           4/17/95  4/21/00, 65 FR 21315  01M.
                                    local zoning
                                    requirements.
10N..............................  Reactivation and          4/17/95  4/21/00, 65 FR 21315  01N.
                                    permanent shutdown.
10O..............................  Transfer of permits.      4/17/95  4/21/00, 65 FR 21315  01O.
10P..............................  Circumvention.......      4/17/95  4/21/00, 65 FR 21315  01P.
5-80-11..........................  Stationary source          7/1/97  4/21/00, 65 FR 21315  Appendix R.
                                    permit exemption
                                    levels.
----------------------------------------------------------------------------------------------------------------
                                        Article 5 State Operating Permits
----------------------------------------------------------------------------------------------------------------
 5-80-800........................  Applicability.......       4/1/98  6/27/03, 68 FR 38191
5-80-810.........................  Definitions.........       4/1/98  6/27/03, 68 FR 38191
5-80-820.........................  General.............       4/1/98  6/27/03, 68 FR 38191
5-80-830.........................  Applications........       4/1/98  6/27/03, 68 FR 38191
5-80-840.........................  Application                4/1/98  6/27/03, 68 FR 38191
                                    information
                                    required.
5-80-850.........................  Standards and              4/1/98  6/27/03, 68 FR 38191
                                    conditions for
                                    granting permits.
5-80-860.........................  Action on permit           4/1/98  6/27/03, 68 FR 38191
                                    application.
5-80-870.........................  Application review         4/1/98  6/27/03, 68 FR 38191
                                    and analysis.
5-80-880.........................  Compliance                 4/1/98  6/27/03, 68 FR 38191
                                    determination and
                                    verification by
                                    testing.
5-80-890.........................  Monitoring                 4/1/98  6/27/03, 68 FR 38191
                                    requirements.
5-80-900.........................  Reporting                  4/1/98  6/27/03, 68 FR 38191
                                    requirements.
5-80-910.........................  Existence of permits       4/1/98  6/27/03, 68 FR 38191
                                    no defense.
5-80-920.........................  Circumvention.......       4/1/98  6/27/03, 68 FR 38191
5-80-930.........................  Compliance with            4/1/98  6/27/03, 68 FR 38191
                                    local zoning
                                    requirements.
5-80-940.........................  Transfer of permits.       4/1/98  6/27/03, 68 FR 38191
5-80-950.........................  Termination of             4/1/98  6/27/03, 68 FR 38191
                                    permits.
5-80-960.........................  Changes to permits..       4/1/98  6/27/03, 68 FR 38191
5-80-970.........................  Administrative             4/1/98  6/27/03, 68 FR 38191
                                    permit amendments.
5-80-980.........................  Minor permit               4/1/98  6/27/03, 68 FR 38191
                                    amendments.
5-80-990.........................  Significant permit         4/1/98  6/27/03, 68 FR 38191
                                    amendments.
5-80-1000........................  Reopening for cause.       4/1/98  6/27/03, 68 FR 38191
5-80-1010........................  Enforcement.........       4/1/98  6/27/03, 68 FR 38191
5-80-1020........................  Public participation       4/1/98  6/27/03, 68 FR 38191
5-80-1030........................  General permits.....       4/1/98  6/27/03, 68 FR 38191
5-80-1040........................  Review and                 4/1/98  6/27/03, 68 FR 38191
                                    evaluation of
                                    article.
----------------------------------------------------------------------------------------------------------------
     Article 8 Permits-Major Stationary Sources and Major Modifications Located in Prevention of Significant
                                               Deterioration Areas
----------------------------------------------------------------------------------------------------------------
5-80-1605........................  Applicability.......       9/1/06  10/22/08, 73 FR       5-80-1700. Limited
                                                                       62897.                Approval.
5-80-1615........................  Definitions.........       9/1/06  10/22/08, 73 FR       5-80-1710. Limited
                                                                       62897.                Approval.
5-80-1625........................  General.............       9/1/06  10/22/08, 73 FR       5-80-1720. Limited
                                                                       62897.                Approval.
5-80-1635........................  Ambient Air                9/1/06  10/22/08, 73 FR       5-80-1730. Limited
                                    Increments.                        62897.                Approval.
5-80-1645........................  Ambient Air Ceilings       9/1/06  10/22/08, 73 FR       5-80-1740. Limited
                                                                       62897.                Approval.
5-80-1655........................  Applications........       9/1/06  10/22/08, 73 FR       5-80-1750. Limited
                                                                       62897.                Approval.
5-80-1665........................  Compliance with            9/1/06  10/22/08, 73 FR       5-80-1760. Limited
                                    local zoning                       62897.                Approval.
                                    requirements.
5-80-1675........................  Compliance                 9/1/06  10/22/08, 73 FR       5-80-1770. Limited
                                    determination and                  62897.                Approval.
                                    verification by
                                    performance testing.
5-80-1685........................  Stack Heights.......       9/1/06  10/22/08, 73 FR       5-80-1780. Limited
                                                                       62897.                Approval.

[[Page 957]]

 
5-80-1695........................  Exemptions..........       9/1/06  10/22/08, 73 FR       New. Limited
                                                                       62897.                Approval.
5-80-1705........................  Control technology         9/1/06  10/22/08, 73 FR       5-80-1800. Limited
                                    review.                            62897.                Approval.
5-80-1715........................  Source impact              9/1/06  10/22/08, 73 FR       5-80-1810. Limited
                                    analysis.                          62897.                Approval.
5-80-1725........................  Air quality models..       9/1/06  10/22/08, 73 FR       5-80-1820. Limited
                                                                       62897.                Approval.
5-80-1735........................  Air quality analysis       9/1/06  10/22/08, 73 FR       5-80-1830. Limited
                                                                       62897.                Approval.
5-80-1745........................  Source Information..       9/1/06  10/22/08, 73 FR       5-80-1840. Limited
                                                                       62897.                Approval.
5-80-1755........................  Additional impact          9/1/06  10/22/08, 73 FR       5-80-1850. Limited
                                    analysis.                          62897.                Approval.
5-80-1765........................  Sources affecting          9/1/06  10/22/08, 73 FR       5-80-1860. Limited
                                    federal class I                    62897.                Approval.
                                    areas--additional
                                    requirements.
5-80-1775........................  Public participation       9/1/06  10/22/08, 73 FR       5-80-1870. Limited
                                                                       62897.                Approval.
5-80-1785........................  Source obligation...       9/1/06  10/22/08, 73 FR       5-80-1880. Limited
                                                                       62897.                Approval.
5-80-1795........................  Environmental impact       9/1/06  10/22/08, 73 FR       5-80-1890. Limited
                                    statements.                        62897.                Approval.
5-80-1805........................  Disputed permits....       9/1/06  10/22/08, 73 FR       5-80-1900. Limited
                                                                       62897.                Approval.
5-80-1815........................  Interstate pollution       9/1/06  10/22/08, 73 FR       5-80-1910. Limited
                                    abatement.                         62897.                Approval.
5-80-1825........................  Innovative control         9/1/06  10/22/08, 73 FR       5-80-1920 Limited
                                    technology.                        62897.                Approval.
5-80-1835........................  Reserved............       9/1/06  10/22/08, 73 FR       New. Limited
                                                                       62897.                Approval.
5-80-1845........................  Reserved............       9/1/06  10/22/08, 73 FR       New. Limited
                                                                       62897.                Approval.
5-80-1855........................  Reserved............       9/1/06  10/22/08, 73 FR       New. Limited
                                                                       62897.                Approval.
5-80-1865........................  Actuals plantwide          9/1/06  10/22/08, 73 FR       New. Limited
                                    applicability (PAL).               62897.                Approval.
5-80-1925........................  Changes to permits..       9/1/06  10/22/08, 73 FR       New. Limited
                                                                       62897.                Approval.
5-80-1935........................  Administrative             9/1/06  10/22/08, 73 FR       New. Limited
                                    permit amendments.                 62897.                Approval.
5-80-1945........................  Minor permit               9/1/06  10/22/08, 73 FR       New. Limited
                                    amendments.                        62897.                Approval.
5-80-1955........................  Significant                9/1/06  10/22/08, 73 FR       New. Limited
                                    amendment                          62897.                Approval.
                                    procedures.
5-80-1965........................  Reopening for cause.       9/1/06  10/22/08, 73 FR       New. Limited
                                                                       62897.                Approval.
5-80-1975........................  Transfer of permits.       9/1/06  10/22/08, 73 FR       5-80-1940. Limited
                                                                       62897.                Approval.
5-80-1985........................  Permit invalidation,       9/1/06  10/22/08, 73 FR       5-80-1950. Limited
                                    revocation, and                    62897.                Approval.
                                    enforcement.
5-80-1995........................  Existence of permit        9/1/06  10/22/08, 73 FR       New. Limited
                                    no defense.                        62897.                Approval.
----------------------------------------------------------------------------------------------------------------
 Article 9 Permits-Major Stationary Sources and Major Modifications Located in Nonattainment Areas or the Ozone
                                                Transport Region
----------------------------------------------------------------------------------------------------------------
5-80-2000........................  Applicability.......       5/1/02  10/22/08, 73 FR       Limited Approval of
                                                              9/1/06   62893.                9/1/06 amendments.
5-80-2010........................  Definitions.........       5/1/02  10/22/08, 73 FR       Limited Approval of
                                                              9/1/06   62893.                9/1/06 amendments.
5-80-2020........................  General.............       5/1/02  10/22/08, 73 FR       Limited Approval of
                                                              9/1/06   62893.                9/1/06 amendments.
5-80-2030........................  Applications........       5/1/02  10/22/08, 73 FR       Limited Approval of
                                                              9/1/06   62893.                9/1/06 amendments.

[[Page 958]]

 
5-80-2040........................  Application                5/1/02  10/22/08, 73 FR       Limited Approval of
                                    information               9/1/06   62893.                9/1/06 amendments.
                                    required.
5-80-2050........................  Standards and              5/1/02  10/22/08, 73 FR       Limited Approval of
                                    conditions for            9/1/06   62893.                9/1/06 amendments.
                                    granting permits.
5-80-2060........................  Action on permit           5/1/02  10/22/08, 73 FR       Limited Approval of
                                    applications.             9/1/06   62893.                9/1/06 amendments.
5-80-2070........................  Public participation       5/1/02  10/22/08, 73 FR       Limited Approval of
                                                              9/1/06   62893.                9/1/06 amendments.
5-80-2080........................  Compliance                 5/1/02  10/22/08, 73 FR       Limited Approval of
                                    determination and         9/1/06   62893.                9/1/06 amendments.
                                    verification by
                                    performance testing.
5-80-2090........................  Application review         5/1/02  10/22/08, 73 FR       Limited Approval of
                                    and analysis.             9/1/06   62893.                9/1/06 amendments.
5-80-2091........................  Source Obligation...       9/1/06  10/22/08, 73 FR       New. Limited
                                                                       62893.                Approval.
5-80-2110........................  Interstate Pollution       5/1/02  10/22/08, 73 FR       Limited Approval of
                                    Abatement.                9/1/06   62893.                9/1/06 amendments.
5-80-2120........................  Offsets.............       5/1/02  10/22/08, 73 FR       Limited Approval of
                                                              9/1/06   62893.                9/1/06 amendments.
5-80-2130........................  De minimus increases       5/1/02  10/22/08, 73 FR       Limited Approval of
                                    and stationary            9/1/06   62893.                9/1/06 amendments.
                                    source modification
                                    alternatives for
                                    ozone nonattainment
                                    areas classified as
                                    serious or severe
                                    in 9 VAC 5-20-204.
5-80-2140........................  Exception...........       5/1/02  10/22/08, 73 FR       Limited Approval of
                                                              9/1/06   62893.                9/1/06 amendments.
5-80-2144........................  Actuals plantwide          9/1/06  10/22/08, 73 FR       New. Limited
                                    applicability                      62893.                Approval.
                                    limits (PALs).
5-80-2150........................  Compliance with            5/1/02  10/22/08, 73 FR       Limited Approval of
                                    local zoning              9/1/06   62893.                9/1/06 amendments.
                                    requirements.
5-80-2170........................  Transfer of permits.       5/1/02  10/22/08, 73 FR       Limited Approval of
                                                              9/1/06   62893.                9/1/06 amendments.
5-80-2180........................  Permit invalidation,       5/1/02  10/22/08, 73 FR       Limited Approval of
                                    revocation and            9/1/06   62893.                9/1/06 amendments.
                                    enforcement.
5-80-2190........................  Existence of permit        5/1/02  10/22/08, 73 FR       Limited Approval of
                                    no defense.               9/1/06   62893.                9/1/06 amendments.
5-80-2200........................  Changes to permits..       5/1/02  10/22/08, 73 FR       New. Limited
                                                              9/1/06   62893.                Approval of 9/1/06
                                                                                             amendments.
5-80-2210........................  Administrative             5/1/02  10/22/08, 73 FR       New. Limited
                                    permit amendments.        9/1/06   62893.                Approval of 9/1/06
                                                                                             amendments.
5-80-2220........................  Minor permit               5/1/02  10/22/08, 73 FR       New. Limited
                                    amendments.               9/1/06   62893.                Approval of 9/1/06
                                                                                             amendments.
5-80-2230........................  Significant                5/1/02  10/22/08, 73 FR       New. Limited
                                    amendment                 9/1/06   62893.                Approval of 9/1/06
                                    procedures.                                              amendments.
5-80-2240........................  Reopening for cause.       5/1/02  10/22/08, 73 FR       New. Limited
                                                              9/1/06   62893.                Approval of 9/1/06
                                                                                             amendments.
----------------------------------------------------------------------------------------------------------------
         Chapter 91 Regulations for the Control of Motor Vehicle Emissions in the Northern Virginia Area
                                               Part I Definitions
----------------------------------------------------------------------------------------------------------------
5-91-10..........................  General.............      1/24/97  9/1/99, 64 FR 47670.
5-91-20..........................  Terms defined.......      6/29/05  4//22/08, 73 FR
                                                                       21540.

[[Page 959]]

 
                                           Part II General Provisions
----------------------------------------------------------------------------------------------------------------
5-91-30..........................  Applicability and         10/1/02  4/22/08, 73 FR 21540
                                    authority of the
                                    department.
5-91-40..........................  Establishment of          1/24/97  9/1/99, 64 FR 47670.
                                    Regulations and
                                    Orders.
5-91-50..........................  Documents                 10/1/02  4/22/08, 73 FR 21540
                                    incorporated by
                                    reference.
5-91-60..........................  Hearings and              1/24/97  9/1/99, 64 FR 47670.
                                    Proceedings.
5-91-70..........................  Appeal of case            10/1/02  4/22/08, 73 FR 21540
                                    decisions.
5-91-80..........................  Variances...........      1/24/97  9/1/99, 64 FR 47670.
5-91-90..........................  Right of entry......      1/24/97  9/1/99, 64 FR 47670.
5-91-100.........................  Conditions on             1/24/97  9/1/99, 64 FR 47670.
                                    approvals.
5-91-110.........................  Procedural                1/24/97  9/1/99, 64 FR 47670.
                                    information and
                                    guidance.
5-91-120.........................  Export and import of      10/1/02  4/22/08, 73 FR 21540
                                    motor vehicles.
5-91-130.........................  Relationship of           1/24/97  9/1/99, 64 FR 47670.
                                    state regulations
                                    to federal
                                    regulations.
5-91-140.........................  Delegation of             1/24/97  9/1/99, 64 FR 47670.
                                    authority.
5-91-150.........................  Availability of           1/24/97  9/1/99, 64 FR 47670.
                                    information.
----------------------------------------------------------------------------------------------------------------
                           Part III Emission Standards for Motor Vehicle Air Pollution
----------------------------------------------------------------------------------------------------------------
5-91-160.........................  Exhaust emission          6/29/05  4/22/08, 73 FR 21540
                                    standards for two-
                                    speed idle testing
                                    in enhanced
                                    emissions
                                    inspection programs.
5-91-170.........................  Exhaust emission          10/1/02  4/22/08, 73 FR 21540
                                    standards for ASM
                                    testing in enhanced
                                    emissions
                                    inspection programs.
5-91-180.........................  Exhaust emission          6/29/05  4/22/08, 73 FR 21540
                                    standards for on-
                                    road testing
                                    through remote
                                    sensing.
5-91-190.........................  Emissions control         10/1/02  4/22/08, 73 FR 21540
                                    system standards.
5-91-200.........................  Evaporative               10/1/02  4/22/08, 73 FR 21540
                                    emissions standards.
5-91-210.........................  Visible emissions         10/1/02  4/22/08, 73 FR 21540
                                    standards.
                        Part IV Permitting and Operation of Emissions Inspection Stations
----------------------------------------------------------------------------------------------------------------
5-91-220.........................  General provisions..      10/1/02  4/22/08, 73 FR 21540
5-91-230.........................  Applications........      10/1/02  4/22/08, 73 FR 21540
5-91-240.........................  Standards and             1/24/97  9/1/99, 64 FR 47670.
                                    conditions for
                                    permits.
5-91-250.........................  Action on permit          1/27/97  9/1/99, 64 FR 47670.
                                    application.
5-91-260.........................  Emissions inspection      10/1/02  4/22/08, 73 FR 21540
                                    station permits,
                                    categories.
5-91-270.........................  Permit renewals.....      10/1/02  4/22/08, 73 FR 21540
5-91-280.........................  Permit revocation,        1/24/97  9/1/99, 64 FR 47670.
                                    surrender of
                                    materials.
5-91-290.........................  Emissions inspection      10/1/02  4/22/08, 73 FR 21540
                                    station operations.
5-91-300.........................  Emissions inspection      10/1/02  4/22/08, 73 FR 21540
                                    station records.
5-91-310.........................  Sign and permit           10/1/02  4/22/08, 73 FR 21540
                                    posting.
5-91-320.........................  Equipment and             10/1/02  4/22/08, 73 FR 21540
                                    facility
                                    requirements.
5-91-330.........................  Analyzer system           10/1/02  4/22/08, 73 FR 21540
                                    operation.
5-91-340.........................  Motor vehicle             10/1/02  4/22/08, 73 FR 21540
                                    inspection report;
                                    certificate of
                                    emissions
                                    inspection.
5-91-350.........................  Data media..........      1/24/97  9/1/99, 64 FR 47670.
5-91-360.........................  Inspector                 10/1/02  4/22/08, 73 FR 21540  Retitled and
                                    identification                                           amended.
                                    number and access
                                    code usage.
5-91-370.........................  Fleet emissions           10/1/02  4/22/08, 73 FR 21540
                                    inspection
                                    stations; mobile
                                    fleet inspection
                                    stations.
                                Part V Emissions Inspector Testing and Licensing
----------------------------------------------------------------------------------------------------------------
5-91-380.........................  Emissions inspector      10/21/02  4/22/08, 73 FR 21540
                                    licenses and
                                    renewals.
5-91-390.........................  Qualification             1/24/97  9/1/99, 64 FR 47670.
                                    requirements for
                                    emissions inspector
                                    licenses.
5-91-400.........................  Conduct of emissions      1/24/97  9/1/99, 64 FR 47670.
                                    inspectors.
----------------------------------------------------------------------------------------------------------------
                                          Part VI Inspection Procedures
----------------------------------------------------------------------------------------------------------------
5-91-410.........................  General.............      10/1/02  4/22/08, 73 FR 21540
5-91-420.........................  Inspection                10/1/02  4/22/08, 73 FR 21540
                                    procedure;
                                    rejection, pass,
                                    fail, waiver.
5-91-430.........................  ASM test procedure..      10/1/02  4/22/08, 73 FR 21540
5-91-440.........................  Two-speed idle test       10/1/02  4/22/08, 73 FR 21540
                                    procedure.
5-91-450.........................  Evaporative system        10/1/02  4/22/08, 73 FR 21540  Retitled and
                                    pressure test and                                        amended.
                                    gas cap pressure
                                    test procedure.
5-91-480.........................  Emissions related         10/1/02  4/22/08, 73 FR 21540
                                    repairs.
5-91-490.........................  Engine and fuel           10/1/02  4/22/08, 73 FR 21540
                                    changes.
----------------------------------------------------------------------------------------------------------------

[[Page 960]]

 
                            Part VII Vehicle Emissions Repair Facility Certification
----------------------------------------------------------------------------------------------------------------
5-91-500.........................  Applicability and         10/1/02  4/22/08, 73 FR 21540
                                    authority.
5-90-510.........................  Certification             10/1/02  4/22/08, 73 FR 21540
                                    qualifications.
5-91-520.........................  Expiration,               10/1/02  4/22/08, 73 FR 21540
                                    reinstatement,
                                    renewal, and
                                    requalification.
5-91-530.........................  Emissions and repair      10/1/02  4/22/08, 73 FR 21540
                                    facility operations.
5-91-540.........................  Sign and certificate      10/1/02  4/22/08, 73 FR 21540  Retitled and
                                    posting.                                                 amended.
----------------------------------------------------------------------------------------------------------------
                    Part VIII Emissions Repair Technician Certification and Responsibilities
----------------------------------------------------------------------------------------------------------------
5-91-550.........................  Applicability and         10/1/02  4/22/08, 73 FR 21540
                                    authority.
5-91-560.........................  Certification             10/1/02  4/22/08, 73 FR 21540
                                    qualifications for
                                    emissions repair
                                    technicians.
5-91-570.........................  Expiration,               10/1/02  4/22/08, 73 FR 21540
                                    reinstatement,
                                    renewal and
                                    requalification.
5-91-580.........................  Certified emissions       10/1/02  4/22/08, 73 FR 21540
                                    repair technician
                                    responsibilities.
----------------------------------------------------------------------------------------------------------------
                                         Part IX Enforcement Procedures
----------------------------------------------------------------------------------------------------------------
5-91-590.........................  Enforcement of            10/1/02  4/22/08, 73 FR 21540
                                    regulations,
                                    permits, licenses,
                                    certifications and
                                    orders.
5-91-600.........................  General enforcement       10/1/02  04/22/08, 73 FR
                                    process.                           21540.
5-91-610.........................  Consent orders and        10/1/02  4/22/08, 73 FR 21540
                                    penalties for
                                    violations.
5-91-620.........................  Major violations....      10/1/02  4/22/08, 73 FR 21540
5-91-630.........................  Minor violations....       4/2/97  9/1/99, 64 FR 47670.
----------------------------------------------------------------------------------------------------------------
       Part X Analyzer System Certification and Specifications for Enhanced Emissions Inspections Programs
----------------------------------------------------------------------------------------------------------------
5-91-640.........................  Applicability.......      1/24/97  9/1/99, 64 FR 47670.
5-91-650.........................  Design goals........      10/1/02  4/22/08, 73 FR 21540
5-91-660.........................  Warranty; service         10/1/02  4/22/08, 73 FR 21540
                                    contract.
5-91-670.........................  Owner-provided            10/1/02  4/22/08, 73 FR 21540
                                    services.
5-91-680.........................  Certification of          10/1/02  4/22/08, 73 FR 21540
                                    analyzer systems.
5-91-690.........................  Span gases; gases         10/1/02  4/22/08, 73 FR 21540
                                    for calibration
                                    purposes.
5-91-700.........................  Calibration of            10/1/02  4/22/08, 73 FR 21540
                                    exhaust gas
                                    analyzers.
5-91-710.........................  Upgrade of analyzer       10/1/02  4/22/08, 73 FR 21540
                                    system.
----------------------------------------------------------------------------------------------------------------
                                           Part XI Manufacturer Recall
----------------------------------------------------------------------------------------------------------------
5-91-720.........................  Vehicle                   10/1/02  4/22/08, 73 FR 21540
                                    manufacturers
                                    recall.
5-91-730.........................  Exemptions;               1/24/97  9/1/99, 64 FR 47670.
                                    temporary
                                    extensions.
----------------------------------------------------------------------------------------------------------------
                                            Part XII On-Road Testing
----------------------------------------------------------------------------------------------------------------
5-91-740.........................  General requirements      6/29/05  4/22/08, 73 FR 21540
5-91-750.........................  Operating                 6/29/05  4/22/08, 73 FR 21540
                                    procedures;
                                    violation of
                                    standards.
5-91-760.........................  Schedule of civil         6/29/05  4/22/08, 73 FR 21540
                                    charges.
----------------------------------------------------------------------------------------------------------------
5-91-790.........................  ASM start-up              10/1/02  4/22/08, 73 FR 21540
                                    standards.
5-91-800.........................  ASM final standards.      10/1/02  4/22/08, 73 FR 21540
                                  Chapter 140 Regulation for Emissions Trading
                                        Part I NOX Budget Trading Program
                             Article 1 NOX Budget Trading Program General Provisions
----------------------------------------------------------------------------------------------------------------
5-140-10.........................  Purpose.............      7/17/02  7/8/03, 68 FR 40520.
5-140-20.........................  Definitions.........      7/17/02  7/8/03, 68 FR 40520.
5-140-30.........................  Measurements,             7/17/02  7/8/03, 68 FR 40520.
                                    abbreviations, and
                                    acronyms.
5-140-31.........................  Federal Regulations       7/17/02  7/8/03, 68 FR 40520.
                                    Incorporated by
                                    reference.
5-140-40.........................  Applicability.......      7/17/02  7/8/03, 68 FR 40520.
5-140-50.........................  Retired unit              7/17/02  7/8/03, 68 FR 40520.
                                    exemption.
5-140-60.........................  Standard                  7/17/02  7/8/03, 68 FR 40520.
                                    requirements.
5-140-70.........................  Computation of time.      7/17/02  7/8/03, 68 FR 40520.
----------------------------------------------------------------------------------------------------------------

[[Page 961]]

 
                     Article 2 NOX Authorized Account Representative for NOX Budget Sources
----------------------------------------------------------------------------------------------------------------
5-140-100........................  Authorization and         7/17/02  7/8/03, 68 FR 40520.
                                    responsibilities of
                                    the NOX authorized
                                    account
                                    representative.
5-140-110........................  Alternate NOX             7/17/02  7/8/03, 68 FR 40520.
                                    authorized account
                                    representative.
5-140-120........................  Changing the NOX          7/17/02  7/8/03, 68 FR 40520.
                                    authorized account
                                    representative and
                                    alternate NOX
                                    authorized account
                                    representative;
                                    changes in the
                                    owners and
                                    operators.
5-140-130........................  Account certificate       7/17/02  7/8/03, 68 FR 40520.
                                    of representation.
5-140-140........................  Objections                7/17/02  7/8/03, 68 FR 40520.
                                    concerning the NOX
                                    authorized account
                                    representative.
----------------------------------------------------------------------------------------------------------------
                                                Article 3 Permits
----------------------------------------------------------------------------------------------------------------
5-140-200........................  General NOX Budget        7/17/02  7/8/03, 68 FR 40520.
                                    permit requirements.
5-140-210........................  Submission of NOX         7/17/02  7/8/03, 68 FR 40520.
                                    Budget permit
                                    applications.
5-140-220........................  Information               7/17/02  7/8/03, 68 FR 40520.
                                    requirements for
                                    NOX Budget permit
                                    applications.
5-140-230........................  NOX Budget permit         7/17/02  7/8/03, 68 FR 40520.
                                    contents.
5-140-240........................  Effective date of         7/17/02  7/8/03, 68 FR 40520.
                                    initial NOX Budget
                                    permit.
5-140-250........................  NOX Budget permit         7/17/02  7/8/03, 68 FR 40520.
                                    revisions.
----------------------------------------------------------------------------------------------------------------
                                       Article 4 Compliance Certification
----------------------------------------------------------------------------------------------------------------
5-140-300........................  Compliance                7/17/02  7/8/03, 68 FR 40520.
                                    certification
                                    report.
5-140-310........................  Permitting                7/17/02  7/8/03, 68 FR 40520.
                                    authority's and
                                    administrator's
                                    action on
                                    compliance
                                    certifications.
----------------------------------------------------------------------------------------------------------------
                                       Article 5 NOX Allowance Allocations
----------------------------------------------------------------------------------------------------------------
5-140-400........................  State trading             7/17/02  7/8/03, 68 FR 40520.
                                    program budget.
5-140-410........................  Timing requirements       7/17/02  7/8/03, 68 FR 40520.
                                    for NOX allowance
                                    allocations.
5-140-420........................  NOX allowance             7/17/02  7/8/03, 68 FR 40520.
                                    allocations..
5-140-430........................  Compliance                7/17/02  7/8/03, 68 FR 40520.
                                    Supplement Pool.
----------------------------------------------------------------------------------------------------------------
                                     Article 6 NOX Allowance Tracking System
----------------------------------------------------------------------------------------------------------------
5-140-500........................  NOX Allowance             7/17/02  7/8/03, 68 FR 40520.
                                    Tracking System
                                    accounts.
5-140-510........................  Establishment of          7/17/02  7/8/03, 68 FR 40520.
                                    accounts.
5-140-520........................  NOX Allowance             7/17/02  7/8/03, 68 FR 40520.
                                    Tracking System
                                    responsibilities of
                                    NOX authorized
                                    account
                                    representative.
5-140-530........................  Recordation of NOX        7/17/02  7/8/03, 68 FR 40520.
                                    allowance
                                    allocations.
5-140-540........................  Compliance..........      7/17/02  7/8/03, 68 FR 40520.
5-140-550........................  Banking.............      3/24/04  8/25/04, 69 FR 52174
5-140-560........................  Account error.......      7/17/02  7/8/03, 68 FR 40520.
5-140-570........................  Closing of general        7/17/02  7/8/03, 68 FR 40520.
                                    accounts.
----------------------------------------------------------------------------------------------------------------
                                        Article 7 NOX Allowance Transfers
----------------------------------------------------------------------------------------------------------------
5-140-600........................  Scope and submission      7/17/02  7/8/03, 68 FR 40520.
                                    of NOX allowance
                                    transfers.
5-140-610........................  EPA recordation.....      7/17/02  7/8/03, 68 FR 40520.
5-140-620........................  Notification........      7/17/02  7/8/03, 68 FR 40520.
----------------------------------------------------------------------------------------------------------------
                                       Article 8 Monitoring and Reporting
----------------------------------------------------------------------------------------------------------------
5-140-700........................  General Requirements      7/17/02  7/8/03, 68 FR 40520.
5-140-710........................  Initial                   7/17/02  7/8/03, 68 FR 40520.
                                    certification and
                                    recertification
                                    procedures.
5-140-720........................  Out of control            7/17/02  7/8/03, 68 FR 40520.
                                    periods.
5-140-730........................  Notifications.......      7/17/02  7/8/03, 68 FR 40520.
5-140-740........................  Recordkeeping and         7/17/02  7/8/03, 68 FR 40520.
                                    reporting.
5-140-750........................  Petitions...........      7/17/02  7/8/03, 68 FR 40520.
5-140-760........................  Additional                7/17/02  7/8/03, 68 FR 40520.
                                    requirements to
                                    provide heat input
                                    data for allocation
                                    purposes.
----------------------------------------------------------------------------------------------------------------

[[Page 962]]

 
                                        Article 9 Individual Unit Opt-ins
----------------------------------------------------------------------------------------------------------------
5-140-800........................  Applicability.......      7/17/02  7/8/03, 68 FR 40520.
5-140-810........................  General.............      7/17/02  7/8/03, 68 FR 40520.
5-140-820........................  NOX authorized            7/17/02  7/8/03, 68 FR 40520.
                                    account
                                    representative.
5-140-830........................  Applying for NOX          7/17/02  7/8/03, 68 FR 40520.
                                    Budget opt-in
                                    permit.
5-140-840........................  Opt-in process......      7/17/02  7/8/03, 68 FR 40520.
5-140-850........................  NOX Budget opt-in         7/17/02  7/8/03, 68 FR 40520.
                                    permit contents.
5-140-860........................  Withdrawal from NOX       7/17/02  7/8/03, 68 FR 40520.
                                    Budget Trading
                                    Program.
5-140-870........................  Change in regulatory      7/17/02  7/8/03, 68 FR 40520.
                                    status.
5-140-880........................  NOX allowance             7/17/02  7/8/03, 68 FR 40520.
                                    allocations to opt-
                                    in units.
----------------------------------------------------------------------------------------------------------------
                           Article 10 State Trading Program Budget and Compliance Pool
----------------------------------------------------------------------------------------------------------------
5-140-900........................  State trading             7/17/02  7/8/03, 68 FR 40520.
                                    program budget.
5-140-910........................  Compliance                7/17/02  7/8/03, 68 FR 40520.
                                    supplement pool
                                    budget.
5-140-920........................  Total electric            7/17/02  7/8/03, 68 FR 40520.
                                    generating unit
                                    allocations.
5-140-930........................  Total non-electric        7/17/02  7/8/03, 68 FR 40520.
                                    generating unit
                                    allocations.
----------------------------------------------------------------------------------------------------------------
                                       Part II NOX Annual Trading Program
----------------------------------------------------------------------------------------------------------------
 
                           Article 1 CAIR NOX Annual Trading Program General Provisions
----------------------------------------------------------------------------------------------------------------
 
5-140-1010.......................  Purpose.............      4/18/07  12/28/07............  72 FR 73602
5-140-1020.......................  Definitions.........      4/18/07  12/28/07, 72 FR       Except for
                                                                       73602.                definition of
                                                                                             ``Nonattainment
                                                                                             condition''
5-140-1030.......................  Measurements,             4/18/07  12/28/07, 72 FR
                                    abbreviations, and                 73602.
                                    acronyms.
5-140-1040.......................  Applicability.......      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-1050.......................  Retired Unit              4/18/07  12/28/07, 72 FR
                                    Exemption.                         73602.
5-140-1060.......................  Standard                  4/18/07  12/28/07, 72 FR
                                    requirements.                      73602.
5-140-1070.......................  Computation of time.      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-1080.......................  Appeal procedures...      4/18/07  12/28/07, 72 FR
                                                                       73602.
----------------------------------------------------------------------------------------------------------------
                          Article 2 CAIR-designated Representative for CAIR NOX Sources
----------------------------------------------------------------------------------------------------------------
5-140-1100.......................  Authorization and         4/18/07  12/28/07, 72 FR
                                    responsibilities of                73602.
                                    CAIR-designated
                                    representative.
5-140-1110.......................  Alternate CAIR-           4/18/07  12/28/07, 72 FR
                                    designated                         73602.
                                    representative.
5-140-1120.......................  Changing CAIR-            4/18/07  12/28/07, 72 FR
                                    designated                         73602.
                                    representative and
                                    alternate CAIR-
                                    designated
                                    representative;
                                    changes in owners
                                    and operators.
5-140-1130.......................  Certificate of            4/18/07  12/28/07, 72 FR
                                    representation.                    73602.
5-140-1140.......................  Objections                4/18/07  12/28/07, 72 FR
                                    concerning CAIR-                   73602.
                                    designated
                                    representative.
5-140-1150.......................  Delegation by CAIR-       4/18/07  12/28/07, 72 FR
                                    designated                         73602.
                                    representative and
                                    alternate CAIR-
                                    designated
                                    representative.
----------------------------------------------------------------------------------------------------------------
                                                Article 3 Permits
----------------------------------------------------------------------------------------------------------------
5-140-1200.......................  General CAIR NOX          4/18/07  12/28/07, 72 FR
                                    Annual Trading                     73602.
                                    Program permit
                                    requirements.
5-140-1210.......................  Submission of CAIR        4/18/07  12/28/07, 72 FR
                                    permit applications.               73602.
5-140-1220.......................  Information               4/18/07  12/28/07, 72 FR
                                    requirements for                   73602.
                                    CAIR permit
                                    applications.

[[Page 963]]

 
5-140-1230.......................  CAIR permit contents      4/18/07  12/28/07, 72 FR
                                    and term.                          73602.
5-140-1240.......................  CAIR permit               4/18/07  12/28/07, 72 FR
                                    revisions.                         73602.
----------------------------------------------------------------------------------------------------------------
                                    Article 5 CAIR NOX Allowance Allocations
----------------------------------------------------------------------------------------------------------------
5-140-1400.......................  CAIR NOX Annual           4/18/07  12/28/07, 72 FR
                                    trading budgets.                   73602.
5-140-1410.......................  Timing requirements       4/18/07  12/28/07, 72 FR
                                    for CAIR NOX                       73602.
                                    allowance
                                    allocations.
5-140-1420.......................  CAIR NOX allowance        4/18/07  12/28/07, 72 FR
                                    allocations.                       73602.
5-140-1430.......................  Compliance                4/18/07  12/28/07, 72 FR
                                    supplement pool.                   73602.
----------------------------------------------------------------------------------------------------------------
                                  Article 6 CAIR NOX Allowance Tracking System
----------------------------------------------------------------------------------------------------------------
5-140-1510.......................  Establishment of          4/18/07  12/28/07, 72 FR
                                    accounts.                          73602.
5-140-1520.......................  Responsibilities of       4/18/07  12/28/07, 72 FR
                                    CAIR-authorized                    73602.
                                    account
                                    representative.
5-140-1530.......................  Recordation of CAIR       4/18/07  12/28/07, 72 FR
                                    NOX allowance                      73602.
                                    allocations.
5-140-1540.......................  Compliance with CAIR      4/18/07  12/28/07, 72 FR
                                    NOX emissions                      73602.
                                    limitation.
5-140-1550.......................  Banking.............      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-1560.......................  Account error.......      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-1570.......................  Closing of general        4/18/07  12/28/07, 72 FR
                                    accounts.                          73602.
----------------------------------------------------------------------------------------------------------------
                                     Article 7 CAIR, NOX Allowance Transfers
----------------------------------------------------------------------------------------------------------------
5-140-1600.......................  Submission of CAIR        4/18/07  12/28/07, 72 FR
                                    NOX allowance                      73602.
                                    transfers.
5-140-1610.......................  EPA recordation.....      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-1620.......................  Notification........      4/18/07  12/28/07, 72 FR
                                                                       73602.
----------------------------------------------------------------------------------------------------------------
                                       Article 8 Monitoring and Reporting
----------------------------------------------------------------------------------------------------------------
5-140-1700.......................  General requirements      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-1710.......................  Initial                   4/18/07  12/28/07, 72 FR
                                    certification and                  73602.
                                    recertification
                                    procedures.
5-140-1720.......................  Out of control            4/18/07  12/28/07, 72 FR
                                    periods.                           73602.
5-140-1730.......................  Notifications.......      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-1740.......................  Recordkeeping and         4/18/07  12/28/07, 72 FR
                                    reporting.                         73602.
5-140-1750.......................  Petitions...........      4/18/07  12/28/07, 72 FR
                                                                       73602.
----------------------------------------------------------------------------------------------------------------
                                         Article 9 CAIR NOX Opt-in Units
----------------------------------------------------------------------------------------------------------------
5-140-1800.......................  Applicability.......      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-1810.......................  General.............      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-1820.......................  CAIR-designated           4/18/07  12/28/07, 72 FR
                                    representative.                    73602.
5-140-1830.......................  Applying for CAIR         4/18/07  12/28/07, 72 FR
                                    opt-in permit.                     73602.
5-140-1840.......................  Opt-in process......      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-1850.......................  CAIR opt-in permit        4/18/07  12/28/07, 72 FR
                                    content.                           73602.

[[Page 964]]

 
5-140-1860.......................  Withdrawal from CAIR      4/18/07  12/28/07, 72 FR
                                    NOX Annual Trading                 73602.
                                    Program.
5-140-1870.......................  Change in regulatory      4/18/07  12/28/07, 72 FR
                                    status.                            73602.
5-140-1880.......................  CAIR NOX allowance        4/18/07  12/28/07, 72 FR
                                    allocations to CAIR                73602.
                                    NOX opt-in units.
----------------------------------------------------------------------------------------------------------------
 
                                    Part III NOX Ozone Season Trading Program
----------------------------------------------------------------------------------------------------------------
                       Article 1 CAIR NOX Ozone Season Trading Program General Provisions
----------------------------------------------------------------------------------------------------------------
5-140-2010.......................  Purpose.............      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-2020.......................  Definitions.........      4/18/07  12/28/07, 72 FR       Except for
                                                                       73602.                definition of
                                                                                             ``Nonattainment
                                                                                             condition''
5-140-2030.......................  Measurements,             4/18/07  12/28/07, 72 FR
                                    abbreviations, and                 73602.
                                    acronyms.
5-140-2040.......................  Applicability.......      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-2050.......................  Retired unit              4/18/07  12/28/07, 72 FR
                                    exemption.                         73602.
5-140-2060.......................  Standard                  4/18/07  12/28/07, 72 FR
                                    requirements.                      73602.
5-140-2070.......................  Computation of time.      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-2080.......................  Appeal procedures...      4/18/07  12/28/07, 72 FR
                                                                       73602.
----------------------------------------------------------------------------------------------------------------
                   Article 2 CAIR- Designated Representative for CAIR NOX Ozone Season Sources
----------------------------------------------------------------------------------------------------------------
5-140-2100.......................  Authorization and         4/18/07  12/28/07, 72 FR
                                    responsibilities of                73602.
                                    CAIR-designated
                                    representative.
5-140-2110.......................  Alternate CAIR-           4/18/07  12/28/07, 72 FR
                                    designated                         73602.
                                    representative.
5-140-2120.......................  Changing CAIR-            4/18/07  12/28/07, 72 FR
                                    designated                         73602.
                                    representative and
                                    alternate CAIR-
                                    designated
                                    representative;
                                    changes in owners
                                    and operators.
5-140-2130.......................  Certificate of            4/18/07  12/28/07, 72 FR
                                    representation.                    73602.
5-140-2140.......................  Objections                4/18/07  12/28/07, 72 FR
                                    concerning CAIR-                   73602.
                                    designated
                                    representative.
5-140-2150.......................  Delegation by CAIR-       4/18/07  12/28/07, 72 FR
                                    designated                         73602.
                                    representative and
                                    alternate CAIR-
                                    designated
                                    representative.
----------------------------------------------------------------------------------------------------------------
                                                Article 3 Permits
----------------------------------------------------------------------------------------------------------------
5-140-2200.......................  General CAIR NOX          4/18/07  12/28/07, 72 FR
                                    Ozone Season                       73602.
                                    Trading Program
                                    permit requirements.
5-140-2210.......................  Submission of CAIR        4/18/07  12/28/07, 72 FR
                                    permit applications.               73602.
5-140-2220.......................  Information               4/18/07  12/28/07, 72 FR
                                    requirements for                   73602.
                                    CAIR permit
                                    applications.
5-140-2230.......................  CAIR permit contents      4/18/07  12/28/07, 72 FR
                                    and term.                          73602.
5-140-2240.......................  CAIR permit               4/18/07  12/28/07, 72 FR
                                    revisions.                         73602.
----------------------------------------------------------------------------------------------------------------
                              Article 5 CAIR NOX Ozone Season Allowance Allocations
----------------------------------------------------------------------------------------------------------------
5-140-2400.......................  CAIR NOX Ozone            4/18/07  12/28/07, 72 FR
                                    Season trading                     73602.
                                    budgets.
5-140-2405.......................  State trading             4/18/07  12/28/07, 72 FR
                                    budgets for                        73602.
                                    nonelectric
                                    generating units.
5-140-2410.......................  Timing requirements       4/18/07  12/28/07, 72 FR
                                    for CAIR NOX Ozone                 73602.
                                    Season allowance
                                    allocations.
5-140-2420.......................  CAIR NOX Ozone            4/18/07  12/28/07, 72 FR
                                    Season allowance                   73602.
                                    allocations.

[[Page 965]]

 
5-140-2430.......................  CAIR NOX Ozone            4/18/07  12/28/07, 72 FR
                                    Season allowance                   73602.
                                    allocations for
                                    individual existing
                                    nonelectric
                                    generating units.
----------------------------------------------------------------------------------------------------------------
                            Article 6 CAIR NOX Ozone Season Allowance Tracking System
----------------------------------------------------------------------------------------------------------------
5-140-2510.......................  Establishment of          4/18/07  12/28/07, 72 FR
                                    accounts.                          73602.
5-140-2520.......................  Responsibilities of       4/18/07  12/28/07, 72 FR
                                    CAIR-authorized                    73602.
                                    account
                                    representative.
5-140-2530.......................  Recordation of CAIR       4/18/07  12/28/07, 72 FR
                                    NOX Ozone Season                   73602.
                                    allowance
                                    allocations.
5-140-2540.......................  Compliance with CAIR      4/18/07  12/28/07, 72 FR
                                    NOX emissions                      73602.
                                    limitation.
5-140-2550.......................  Banking.............      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-2560.......................  Account error.......      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-2570.......................  Closing of general        4/18/07  12/28/07, 72 FR
                                    accounts.                          73602.
----------------------------------------------------------------------------------------------------------------
                               Article 7 CAIR NOX Ozone Season Allowance Transfers
----------------------------------------------------------------------------------------------------------------
5-140-2600.......................  Submission of CAIR        4/18/07  12/28/07, 72 FR
                                    NOX Ozone Season                   73602.
                                    allowance transfers.
5-140-2610.......................  EPA recordation.....      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-2620.......................  Notification........      4/18/07  12/28/07, 72 FR
                                                                       73602.
----------------------------------------------------------------------------------------------------------------
                                       Article 8 Monitoring and Reporting
----------------------------------------------------------------------------------------------------------------
5-140-2700.......................  General requirements      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-2710.......................  Initial                   4/18/07  12/28/07, 72 FR
                                    certification and                  73602.
                                    recertification
                                    procedures.
5-140-2720.......................  Out of control            4/18/07  12/28/07, 72 FR
                                    periods.                           73602.
5-140-2730.......................  Notifications.......      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-2740.......................  Recordkeeping and         4/18/07  12/28/07, 72 FR
                                    reporting.                         73602.
5-140-2750.......................  Petitions...........      4/18/07  12/28/07, 72 FR
                                                                       73602.
----------------------------------------------------------------------------------------------------------------
                                  Article 9 CAIR NOX Ozone Season Opt-in Units
----------------------------------------------------------------------------------------------------------------
5-140-2800.......................  Applicability.......      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-2810.......................  General.............      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-2820.......................  CAIR-designated           4/18/07  12/28/07, 72 FR
                                    representative.                    73602.
5-140-2830.......................  Applying for CAIR         4/18/07  12/28/07, 72 FR
                                    opt-in permit.                     73602.
5-140-2840.......................  Opt-in process......      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-2850.......................  CAIR opt-in permit        4/18/07  12/28/07, 72 FR
                                    contents.                          73602.
5-140-2860.......................  Withdrawal from CAIR      4/18/07  12/28/07, 72 FR
                                    NOX Ozone Season                   73602.
                                    Trading Program.
5-140-2870.......................  Change in regulatory      4/18/07  12/28/07, 72 FR
                                    status.                            73602.
5-140-2880.......................  CAIR NOX Ozone            4/18/07  12/28/07, 72 FR
                                    Season allowance                   73602.
                                    allocations to CAIR
                                    NOX Ozone Season
                                    opt-in units.
----------------------------------------------------------------------------------------------------------------

[[Page 966]]

 
                                       Part IV SO2 Annual Trading Program
----------------------------------------------------------------------------------------------------------------
                              Article 1 CAIR SO2 Trading Program General Provisions
----------------------------------------------------------------------------------------------------------------
5-140-3010.......................  Purpose.............      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-3020.......................  Definitions.........      4/18/07  12/28/07, 72 FR       Except for
                                                                       73602.                definition of
                                                                                             ``Nonattainment
                                                                                             condition''
5-140-3030.......................  Measurements,             4/18/07  12/28/07, 72 FR
                                    abbreviations, and                 73602.
                                    acronyms.
5-140-3040.......................  Applicability.......      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-3050.......................  Retired Unit              4/18/07  12/28/07, 72 FR
                                    Exemption.                         73602.
5-140-3060.......................  Standard                  4/18/07  12/28/07, 72 FR
                                    requirements.                      73602.
5-140-3070.......................  Computation of time.      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-3080.......................  Appeal procedures...      4/18/07  12/28/07, 72 FR
                                                                       73602.
----------------------------------------------------------------------------------------------------------------
                          Article 2 CAIR-designated Representative for CAIR SO2 Sources
----------------------------------------------------------------------------------------------------------------
5-140-3100.......................  Authorization and         4/18/07  12/28/07, 72 FR
                                    responsibilities of                73602.
                                    CAIR-designated
                                    representative.
5-140-3110.......................  Alternate CAIR-           4/18/07  12/28/07, 72 FR
                                    designated                         73602.
                                    representative.
5-140-3120.......................  Changing CAIR-            4/18/07  12/28/07, 72 FR
                                    designated                         73602.
                                    representative and
                                    alternate CAIR-
                                    designated
                                    representative;
                                    changes in owners
                                    and operators.
5-140-3130.......................  Certificate of            4/18/07  12/28/07, 72 FR
                                    representation.                    73602.
5-140-3140.......................  Objections                4/18/07  12/28/07, 72 FR
                                    concerning CAIR-                   73602.
                                    designated
                                    representative.
5-140-3150.......................  Delegation by CAIR-       4/18/07  12/28/07, 72 FR
                                    designated                         73602.
                                    representative and
                                    alternate CAIR-
                                    designated
                                    representative.
----------------------------------------------------------------------------------------------------------------
                                                Article 3 Permits
----------------------------------------------------------------------------------------------------------------
5-140-3200.......................  General CAIR SO2          4/18/07  12/28/07, 72 FR
                                    Trading Program                    73602.
                                    permit requirements.
5-140-3210.......................  Submission of CAIR        4/18/07  12/28/07, 72 FR
                                    permit applications.               73602.
5-140-3220.......................  Information               4/18/07  12/28/07, 72 FR
                                    requirements for                   73602.
                                    CAIR permit
                                    applications.
5-140-3230.......................  CAIR permit contents      4/18/07  12/28/07, 72 FR
                                    and term.                          73602.
5-140-3240.......................  CAIR permit               4/18/07  12/28/07, 72 FR
                                    revisions.                         73602.
----------------------------------------------------------------------------------------------------------------
                                    Article 5 CAIR SO2 Allowance Allocations
----------------------------------------------------------------------------------------------------------------
5-140-3400.......................  State trading             4/18/07  12/28/07, 72 FR
                                    budgets.                           73602.
5-140-3410.......................  Timing requirements       4/18/07  12/28/07, 72 FR
                                    for CAIR SO2                       73602.
                                    allowance
                                    allocations.
5-140-3420.......................  CAIR SO2 allowance        4/18/07  12/28/07, 72 FR
                                    allocations.                       73602.
----------------------------------------------------------------------------------------------------------------
                                  Article 6 CAIR SO2 Allowance Tracking System
----------------------------------------------------------------------------------------------------------------
5-140-3510.......................  Establishment of          4/18/07  12/28/07, 72 FR
                                    accounts.                          73602.
5-140-3520.......................  Responsibilities of       4/18/07  12/28/07, 72 FR
                                    CAIR-authorized                    73602.
                                    account
                                    representative.
5-140-3530.......................  Recordation of CAIR       4/18/07  12/28/07, 72 FR
                                    SO2 allowances.                    73602.

[[Page 967]]

 
5-140-3540.......................  Compliance with CAIR      4/18/07  12/28/07, 72 FR
                                    SO2 emissions                      73602.
                                    limitation.
5-140-3550.......................  Banking.............      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-3560.......................  Account error.......      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-3570.......................  Closing of general        4/18/07  12/28/07, 72 FR
                                    accounts.                          73602.
----------------------------------------------------------------------------------------------------------------
                                     Article 7 CAIR SO2 Allowance Transfers
----------------------------------------------------------------------------------------------------------------
5-140-3600.......................  Submission of CAIR        4/18/07  12/28/07, 72 FR
                                    SO2 allowance                      73602.
                                    transfers.
5-140-3610.......................  EPA recordation.....      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-3620.......................  Notification........      4/18/07  12/28/07, 72 FR
                                                                       73602.
----------------------------------------------------------------------------------------------------------------
                                       Article 8 Monitoring and Reporting
----------------------------------------------------------------------------------------------------------------
5-140-3700.......................  General requirements      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-3710.......................  Initial                   4/18/07  12/28/07, 72 FR
                                    certification and                  73602.
                                    recertification
                                    procedures.
5-140-3720.......................  Out of control            4/18/07  12/28/07, 72 FR
                                    periods.                           73602.
5-140-3730.......................  Notifications.......      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-3740.......................  Recordkeeping and         4/18/07  12/28/07, 72 FR
                                    reporting.                         73602.
5-140-3750.......................  Petitions...........      4/18/07  12/28/07, 72 FR
                                                                       73602.
----------------------------------------------------------------------------------------------------------------
                                         Article 9 CAIR SO2 Opt-in Units
----------------------------------------------------------------------------------------------------------------
5-140-3800.......................  Applicability.......      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-3810.......................  General.............      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-3820.......................  CAIR-designated           4/18/07  12/28/07, 72 FR
                                    representative.                    73602.
5-140-3830.......................  Applying for CAIR         4/18/07  12/28/07, 72 FR
                                    opt-in permit.                     73602.
5-140-3840.......................  Opt-in process......      4/18/07  12/28/07, 72 FR
                                                                       73602.
5-140-3850.......................  CAIR opt-in permit        4/18/07  12/28/07, 72 FR
                                    contents.                          73602.
5-140-3860.......................  Withdrawal from CAIR      4/18/07  12/28/07, 72 FR
                                    SO2 Trading Program.               73602.
5-140-3870.......................  Change in regulatory      4/18/07  12/28/07, 72 FR
                                    status.                            73602.
5-140-3880.......................  CAIR SO2 allowance        4/18/07  12/28/07, 72 FR
                                    allocations to CAIR                73602.
                                    SO2 opt-in units.
                                  Chapter 160 Regulation for General Conformity
                                           Part I General Definitions
----------------------------------------------------------------------------------------------------------------
5-160-10.........................  General.............       1/1/98  1/7/03, 68 FR 663...
5-160-20.........................  Terms Defined.......       1/1/97  10/21/97, 62 FR
                                                                       54585.

[[Page 968]]

 
5-160-20.........................  Terms Defined.......      1/1/97,  1/7/03, 68 FR 663...  Terms revised--
                                                              1/1/98                         Emergency,
                                                                                            Terms deleted--
                                                                                             Administrative
                                                                                             Process Act,
                                                                                             Confidential
                                                                                             information,
                                                                                             Consent agreement,
                                                                                             Consent order,
                                                                                             Emergency special
                                                                                             order, Formal
                                                                                             hearing, Order,
                                                                                             Party, Public
                                                                                             hearing, Special
                                                                                             order, Variance,
                                                                                             Virginia Register
                                                                                             Act.
----------------------------------------------------------------------------------------------------------------
                                           Part II General Provisions
----------------------------------------------------------------------------------------------------------------
5-160-30.........................  Applicability.......       1/1/97  10/21/97, 62 FR
                                                                       54585.
5-160-40.........................  Authority of board         1/1/97  10/21/97, 62 FR
                                    and department.                    54585.
5-160-80.........................  Relationship of            1/1/97  10/21/97, 62 FR
                                    state regulations                  54585.
                                    to federal
                                    regulations.
----------------------------------------------------------------------------------------------------------------
                      Part III Criteria and Procedures for Making Conformity Determinations
----------------------------------------------------------------------------------------------------------------
5-160-110........................  General.............       1/1/97  10/21/97, 62 FR       Sec.
                                                                       54585.                52.2465(c)(118)
5-160-120........................  Conformity analysis.       1/1/97  10/21/97, 62 FR
                                                                       54585.
5-160-130........................  Reporting                  1/1/97  10/21/97, 62 FR
                                    requirements.                      54585.
5-160-140........................  Public participation       1/1/97  10/21/97, 62 FR
                                                                       54585.
5-160-150........................  Frequency of               1/1/97  10/21/97, 62 FR
                                    conformity                         54585.
                                    determinations.
5-160-160........................  Criteria for               1/1/97  10/21/97, 62 FR
                                    determining                        54585.
                                    conformity.
5-160-170........................  Procedures for             1/1/97  10/21/97, 62 FR
                                    conformity                         54585.
                                    determinations.
5-160-180........................  Mitigation of air          1/1/97  10/21/97, 62 FR
                                    quality impacts.                   54585.
5-160-190........................  Savings provision...       1/1/97  10/21/97, 62 FR
                                                                       54585.
5-160-200........................  Review and                 1/1/97  10/21/97, 62 FR
                                    confirmation of                    54585.
                                    this chapter by
                                    board.
----------------------------------------------------------------------------------------------------------------
                                Chapter 170 Regulation for General Administration
                                               Part I Definitions
----------------------------------------------------------------------------------------------------------------
5-170-10.........................  Use of Terms........       1/1/98  1/7/03, 68 FR 663...  Split out from 9 VAC
                                                                                             5-10-10.

[[Page 969]]

 
5-170-20.........................  Terms Defined.......       1/1/98  1/7/03, 68 FR 663...  Split out from 9 VAC
                                                                                             5-10-20 and 5-160-
                                                                                             20,
                                                                                            Terms Added--Public
                                                                                             hearing, Regulation
                                                                                             of the Board,
                                                                                            Terms Revised from 4/
                                                                                             17/95 version--
                                                                                             Consent agreement,
                                                                                             Consent order,
                                                                                             Emergency special
                                                                                             order, Order,
                                                                                             Owner, Person,
                                                                                             Pollutant, Special
                                                                                             Order, Source.
----------------------------------------------------------------------------------------------------------------
                                           Part II General Provisions
----------------------------------------------------------------------------------------------------------------
5-170-30.........................  Applicability.......       1/1/98  1/7/03, 68 FR 663...  Split out from 9 VAC
                                                                                             5-20-10.
5-170-60.........................  Availability of            1/1/98  1/7/03, 68 FR 663...  Replaces 9 VAC 5-20-
                                    Information.                                             150 and 5-160-100.
----------------------------------------------------------------------------------------------------------------
                                               Part V Enforcement
----------------------------------------------------------------------------------------------------------------
5-170-120A.-C....................  Enforcement of             1/1/98  1/7/03, 68 FR 663...  Replaces 9 VAC 5-20-
                                    Regulations,                                             30A.-D. and 5-160-
                                    Permits and Orders.                                      60.
5-170-130A.......................  Right of Entry......       1/1/98  1/7/03, 68 FR 663...  Replaces 9 VAC 5-20-
                                                                                             100.
----------------------------------------------------------------------------------------------------------------
                                              Part VI Board Actions
----------------------------------------------------------------------------------------------------------------
5-170-150........................  Local Ordinances....       1/1/98  1/7/03, 68 FR 663...  Replaces 9 VAC 5-20-
                                                                                             60.
5-170-160........................  Conditions on              1/1/98  1/7/03, 68 FR 663...  Replaces 9 VAC 5-20-
                                    Approvals.                                               110.
5-170-170........................  Considerations for         1/1/98  1/7/03, 68 FR 663...  Replaces 9 VAC 5-20-
                                    Approval Actions.                                        140.
----------------------------------------------------------------------------------------------------------------
                                Chapter 200 National Low Emission Vehicle Program
----------------------------------------------------------------------------------------------------------------
5-200-10.........................  Definitions.........      4/14/99  12/28/99, 64 FR
                                                                       72564.
5-200-20.........................  Participation in          4/14/99  12/28/99, 64 FR
                                    national LEV.                      72564.
5-200-30.........................  Transition from           4/14/99  12/28/99, 64 FR
                                    national LEV                       72564.
                                    requirements to a
                                    Virginia Sec. 177
                                    program.
----------------------------------------------------------------------------------------------------------------
                        Chapter 230 Variance for International Paper Franklin Paper Mill
----------------------------------------------------------------------------------------------------------------
5-230-10.........................  Applicability and        09/07/05  08/13/07, 72 FR
                                    designation of                     45165..
                                    affected facility.
5-230-20.........................  Definitions.........     09/07/05  08/13/07, 72 FR
                                                                       45165..
5-230-30.........................  Authority to operate     09/07/05  08/13/07, 72 FR
                                    under this chapter                 45165..
                                    and FESOP.
5-230-40 (Except A.7., A.9.,       Sitewide Emissions       09/07/05  08/13/07, 72 FR
 A.10., and B.2.).                  Caps.                              45165..
5-230-50.........................  New Source Review        09/07/05  08/13/07, 72 FR
                                    program and                        45165..
                                    registration
                                    requirements.
5-230-60 (Except A.1.)...........  Other regulatory         09/07/05  08/13/07, 72 FR
                                    requirements.                      45165..
5-230-70.........................  Federal Operating        09/07/05  08/13/07, 72 FR
                                    Permits.                           45165..

[[Page 970]]

 
5-230-80.........................  FESOP issuance and       09/07/05  08/13/07, 72 FR
                                    amendments.                        45165..
5-230-90.........................  Transfer of              09/07/05  08/13/07, 72 FR
                                    ownership.                         45165..
5-230-100........................  Applicability of         09/07/05  08/13/07, 72 FR
                                    future regulation                  45165..
                                    amendments.
5-230-110........................  Termination of           09/07/05  08/13/07, 72 FR
                                    authority to                       45165..
                                    operate under this
                                    chapter and FESOP.
5-230-120........................  Review and               09/07/05  08/13/07, 72 FR
                                    confirmation of                    45165..
                                    this chapter by
                                    Board.
                      2 VAC 5 Chapter 480 Regulation Governing the Oxygenation of Gasoline
----------------------------------------------------------------------------------------------------------------
5-480-10.........................  Definitions.........      11/1/93  1/7/03, 68 FR 663...  VR115-04-28, Sec.
                                                                                             1.
5-480-20.........................  Applicability.......      11/1/96  2/17/00, 65 FR 8051.
5-480-30.........................  Minimum oxygenate         11/1/93  1/7/03, 68 FR 663...  VR115-04-28, Sec.
                                    content.                                                 3.
5-480-40.........................  Nature of oxygenates      11/1/93  1/7/03, 68 FR 663...  VR115-04-28, Sec.
                                                                                             4.
5-480-50.........................  Record keeping and        11/1/93  1/7/03, 68 FR 663...  VR115-04-28, Sec.
                                    transfer                                                 5.
                                    requirements.
5-480-60.........................  Gasoline pump             11/1/93  1/7/03, 68 FR 663...  VR115-04-28, Sec.
                                    labeling.                                                6.
5-480-70.........................  Sampling, testing         11/1/93  1/7/03, 68 FR 663...  VR115-04-28, Sec.
                                    and oxygen content                                       7.
                                    calculations.
5-480-80.........................  Compliance and            11/1/93  1/7/03, 68 FR 663...  VR115-04-28, Sec.
                                    enforcement.                                             8.
----------------------------------------------------------------------------------------------------------------
                                                Code of Virginia
----------------------------------------------------------------------------------------------------------------
Section 10.1-1316.1A. Through D..  Severe ozone               7/1/04  12/29/04, 69 FR       Provision authorizes
                                    nonattainment                      77909.                the Department of
                                    areas; fees..                                            Environmental
                                                                                             Quality (DEQ) to
                                                                                             collect Federal
                                                                                             penalty fees from
                                                                                             major stationary
                                                                                             sources if the
                                                                                             nonattainment area
                                                                                             does not attain the
                                                                                             ozone standard by
                                                                                             the statutory
                                                                                             attainment date.
----------------------------------------------------------------------------------------------------------------

    (d) EPA-Approved State Source Specific Requirements

                                    EPA-Approved Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                               Permit/order or
         Source name             registration        State        EPA approval        40 CFR part 52 citation
                                    number      effective date        date
----------------------------------------------------------------------------------------------------------------
Norfolk Naval Base--Exchange   [NONE].........          8/6/79  8/17/81, 46 FR    52.2465(c)(41).
 Service Station.                                                41499.
Reynolds Metals Co.--Rolling   DSE-597-87.....         9/30/87  8/20/90, 55 FR    52.2465(c)(92).
 Mill.                                                           33904.
Aqualon (Hercules) Company...  50363..........         9/26/90  11/1/91, 56 FR    52.2465(c)(93).
                                                                 56159.
Nabisco Brands, Inc..........  DTE-179-91.....         4/24/91  3/6/92, 57 FR     52.2465(c)(95).
                                                                 8080.
Reynolds Metals Co.--Bellwood  DSE-413A-86....        10/31/86  6/13/96, 61 FR    52.2465(c)(110).
                                                                 29963.
Reynolds Metals Co.--Richmond  DSE-412A-86....        10/31/86  6/13/96, 61 FR    52.2465(c)(110).
 Foil Plant.                                                     29963.

[[Page 971]]

 
Philip Morris, Inc.--Blended   50080..........         2/27/86  10/14/97, 62 FR   52.2465(c)(120).
 Leaf Facility.                                                  53277.
Philip Morris, Inc.--Park 500  50722..........         3/26/97  10/14/97, 62 FR   52.2465(c)(120).
 Facility.                                                       53277.
Philip Morris, Inc.--Richmond  50076..........         7/13/96  10/14/97, 62 FR   52.2465(c)(120).
 Manufacturing Center.                                           53277.
Virginia Electric and Power    50396..........         5/30/96  10/14/97, 62 FR   52.2465(c)(120).
 Co.--Innsbrook Technical                                        53277.
 Center.
Hercules, Inc.--Aqualon        V-0163-96......         7/12/96  10/14/97, 62 FR   52.2465(c)(120).
 Division.                                                       53277.
City of Hopewell--Regional     50735..........         5/30/96  10/14/97, 62 FR   52.2465(c)(120).
 Wastewater Treatment                                            53277.
 Facility.
Allied Signal, Inc.--Hopewell  50232..........         3/26/97  10/14/97, 62 FR   52.2465(c)(121).
 Plant.                                                          53277.
Allied Signal, Inc.--          V-0114-96......         5/20/96  10/14/97, 62 FR   52.2465(c)(121).
 Chesterfield Plant.                                             53277.
Bear Island Paper Co. L.P....  V-0135-96......         7/12/96  10/14/97, 62 FR   52.2465(c)(121).
                                                                 53277.
Stone Container Corp.--        50370..........         5/30/96  10/14/97, 62 FR   52.2465(c)(121).
 Hopewell Mill.                                                  53277.
E.I. Dupont de Nemours and     V-0117-96......         5/30/96  10/14/97, 62 FR   52.2465(c)(121).
 Co.--Spruance Plant.                                            53277.
ICI Americas Inc.--Films       50418..........         5/30/96  10/14/97, 62 FR   52.2465(c)(121).
 Division--Hopewell Site.                                        53277.
Tuscarora, Inc...............  71814..........          6/5/96  1/22/99, 64 FR    52.2465(c)(128).
                                                                 3425.
Potomac Electric Power.......  Registration            9/18/00  12/14/00, 65 FR   52.2420(d)(2).
Company (PEPCO)--Potomac        No. 70228;                       78100.
 River Generating Station       County-Plant
 [Permit to Operate].           No. 510-0003.
Virginia Power (VP)--Possum    Registration            9/26/00  12/14/00, 65 FR   52.2420(d)(2).
 Point Generating Station       No. 70225;                       78100.
 [Permit to Operate].           County-Plant
                                No. 153-0002.
Cellofoam North America,       Registration            8/10/98  1/02/01, 66 FR 8  52.2420(d)(3).
 Inc.--Falmouth Plant           No. 40696; FSO-
 [Consent Agreement].           193-98.
CNG Transmission Corporation-- Registration            5/22/00  1/02/01, 66 FR 8  52.2420(d)(3).
 Leesburg Compressor Station    No. 71978;
 [Permit to Operate].           County-Plant
                                No. 107-0101.
Columbia Gas Transmission      Registration          5/23/2000  1/02/01, 66 FR 8  52.2420(d)(3).
 Company--Loudoun County        No. 72265;
 Compressor Station [Permit     County-Plant
 to Operate].                   No. 107-0125.
District of Columbia's         Registration           12/10/99  1/02/01, 66 FR 8  52.2420(d)(3).
 Department of Corrections--    No. 70028;
 Lorton Correctional Facility   County-Plant
 [Permit to Operate].           No. 0059-0024.
Michigan Cogeneration          Registration            5/10/00  1/02/01, 66 FR 8  52.2420(d)(3).
 Systems, Inc.--Fairfax         No. 71961;
 County I-95 Landfill [Permit   County-Plant
 to Operate].                   No. 0059-0575.
Metropolitan Washington        Registration            5/22/00  1/02/01, 66 FR 8  52.2420(d)(3).
 Airports Authority--Ronald     No. 70005;
 Reagan Washington National     County-Plant
 Airport [Permit to Operate].   No. 0013-0015.
Noman M. Cole, Jr., Pollution  Registration           12/13/99  1/02/01, 66 FR 8  52.2420(d)(3).
 Control Plant [Consent         No. 70714.
 Agreement].

[[Page 972]]

 
Ogden Martin Systems of        Registration            7/31/98  1/02/01, 66 FR 8  52.2420(d)(3).
 Alexandria/Arlington, Inc.     No. 71895;
 [Consent Agreement].           NVRO-041-98.
Ogden Martin Systems of        Registration             4/3/98  1/02/01, 66 FR 8  52.2420(d)(3).
 Fairfax, Inc. [Consent         No. 71920.
 Agreement].
U.S. Department of Defense--   Registration            5/17/00  1/02/01, 66 FR 8  52.2420(d)(3).
 Pentagon Reservation [Permit   No. 70030;
 to Operate].                   County-Plant
                                No. 0013-0188.
Potomac Electric Power         Registration            7/31/98  1/02/01, 66 FR 8  52.2420(d)(3) NOX RACT
 Company.                       No. 70228;                                         requirements.
(PEPCO)--Potomac River          NVRO-106-98.
 Generating Station [Consent
 Agreement].
Potomac Electric Power         Registration             5/8/00  1/02/01, 66 FR 8  52.2420(d)(3) VOC RACT
 Company.                       No. 70228;                                         requirements.
(PEPCO)--Potomac River          County Plant
 Generating Station.            No. 510-0003.
United States Marine Corps.--  Registration            5/24/00  1/02/01, 66 FR 8  52.2420(d)(3).
 Quantico Base [Permit to       No. 70267;
 Operate].                      County-Plant
                                No. 153-0010.
Transcontinental Gas Pipeline  Registration             9/5/96  1/02/01, 66 FR 8  52.2420(d)(3).
 Corporation--Compressor        No. 71958.
 Station No. 185 [Consent
 Agreement].
U.S. Army Garrison at Fort     Registration            5/16/00  1/02/01, 66 FR 8  52.2420(d)(3).
 Belvoir [Permit to Operate].   No. 70550;
                                County-Plant
                                No. 059-0018.
Virginia Power (VP)--Possum    Registration            7/21/00  1/02/01, 66 FR 8  52.2420(d)(3).
 Point Generating Station       No. 70225;
 [Permit containing NOX RACT    County-Plant
 requirements].                 No. 153-0002.
Virginia Electric and Power    Registration            6/12/95  1/02/01, 66 FR 8  52.2420(d)(3).
 Company--Possum Point          No. 70225.
 Generating Station [Consent
 Agreement containing VOC
 RACT requirements].
Washington Gas Light Company-- Registration             4/3/98  1/02/01, 66 FR 8  52.2420(d)(3).
 Springfield Operations         No. 70151;
 Center [Consent Agreement].    NVRO-031-98.
Georgia Pacific--Jarratt       Registration            9/28/98  3/26/03, 68 FR    40 CFR 52.2420(d)(4); Note: In
 Softboard Plant.               No. 50253.                       14542.            Section E, Provision 1, the
                                                                                   portion of the text which
                                                                                   reads `` * * * and during
                                                                                   periods of start-up,
                                                                                   shutdown, and malfunction.''
                                                                                   is not part of the SIP.
Prince William County          Registration            4/16/04  9/9/04; 69 FR     52.2420(d)(5).
 Landfill.                      No. 72340.                       54581.
Washington Gas Company,        Registration            4/16/04  10/6/2004; 69 FR  52.2420(d)(6).
 Ravensworth Station.           No. 72277.            08/11/04   59812.
Central Intelligence Agency    Registration            4/16/04  12/13/04; 69 FR   52.2420(d)(6).
 (CIA), George Bush Center      No. 71757.                       72115.
 for Intelligence.
National Reconnaissance        Registration            4/16/04  12/13/04; 69 FR   52.2420(d)(6).
 Office, Boeing Service         No. 71988.                       72115.
 Center.
Roanoke Electric Steel Corp..  Registration           12/22/04  4/27/05; 70 FR    52.2420(d)(7).
                                No. 20131.                       21621.
Roanoke Cement Company.......  Registration           12/22/04  4/27/05; 70 FR    52.2420(d)(7).
                                No. 20232.                       21621.
Global Stone Chemstone         Registration           02/09/05  4/27/05; 70 FR    52.2420(d)(7).
 Corporation.                   No. 80504.                       21621.

[[Page 973]]

 
Kraft Foods Global, Inc.--     Registration            9/19/07  4/15/08, 73 FR    52.2420(d)(8)
 Richmond Bakery.               No. 50703.                       20175.
Transcontinental Pipeline      Registration            1/24/07  10/30/08, 73 FR
 Station 165.                   No. 30864.                       64551.
Transcontinental Pipeline      Registration            1/24/07  10/30/08, 73 FR
 Station 170.                   No. 30863.                       64551.
Transcontinental Pipeline      Registration            1/30/07  10/30/08, 73 FR
 Station 175.                   No. 40789.                       64551.
Transcontinental Pipeline      Registration            2/13/07  10/30/08, 73 FR
 Station 180.                   No. 40782.                       64551.
Roanoke Cement Corporation...  Registration            6/18/07  10/30/08, 73 FR
                                No. 20232.                       64551.
Reynolds Consumer Products     Registration            10/1/08  03/25/09, 74 FR   52.2420(d)(12)
 Company.                       No. 50534.                       12572.
----------------------------------------------------------------------------------------------------------------

    (e) EPA-approved nonregulatory and quasi-regulatory material.

----------------------------------------------------------------------------------------------------------------
                                                     State
  Name of non-regulatory SIP       Applicable      submittal  EPA approval date       Additional explanation
           revision              geographic area     date
----------------------------------------------------------------------------------------------------------------
Commitment Letter--Clean fuel   Northern             1/25/93  9/23/93, 58 FR     52.2423(j).
 fleet or alternative            Virginia Ozone                50846.
 substitute program.             nonattainment
                                 Area.
9 VAC 5-60-100 (adopts 40 CFR   Statewide.......     10/9/98  11/3/99, 64 FR     52.2423(q).
 63.460 through 63.469 by                                      59648.
 reference).
Documents Incorporated by       Statewide.......     4/12/89  8/23/95, 60 FR     52.2423(m).
 Reference.                                                    43714.
Documents Incorporated by       Statewide.......     2/12/93  8/23/95, 60 FR     52.2423(n).
 Reference.                                                    43714.
Documents Incorporated by       Statewide.......     6/22/99  1/7/03, 68 FR 663  52.2423(r).
 Reference (9 VAC 5-20-21,
 Section E).
Documents Incorporated by       Statewide.......     2/23/04  6/8/04, 69 FR      52.2423(s).
 Reference (9 VAC 5-20-21,                                     31893.
 paragraph E.12).
Documents Incorporated by       Northern             3/24/04  5/12/05, 70 FR     9 VAC 5-20-21, Sections
 Reference.                      Virginia VOC                  24970.             E.1.a.(7)., E.4.a.(12) through
                                 Emissions                                        a.(17), E.10., E.11.,
                                 Control Area                                     E.13.a.(1), and E.13.a.(2).
                                 designated in 9
                                 VAC 5-20-206.
Documents Incorporated by       Statewide.......     8/25/05  3/3/06, 71 FR      State effective date is 2/1/00.
 Reference (9 VAC 5-20-21,                                     10838.
 Sections D., E. (introductory
 sentence), E.2 (all
 paragraphs), E.3.b, E.4.a.(1)
 and (2), E.4.b., E.5. (all
 paragraphs), and E.7. (all
 paragraphs)).
Documents Incorporated by       Fredericksburg      05/14/07  12/05/07, 72 FR    State effective date is 10/04/
 Reference (9 VAC 5-20-21,       VOC Emissions                 68511.             06.
 Paragraphs E.4.a. (21) and      Control Area
 (22))..                         Designated in 9
                                 VAC 5-20-206.
Documents Incorporated by       Statewide.......    10/25/05  3/3/06, 71 FR      State effective date is 3/9/05;
 Reference (9 VAC 5-20-21,                                     10838.             approval is for those
 Section B.                                                                       provisions of the CFR which
                                                                                  implement control programs for
                                                                                  air pollutants related to the
                                                                                  national ambient air quality
                                                                                  standards (NAAQS) and regional
                                                                                  haze.
Documents Incorporated by       Northern            10/25/05  1/30/07, 72 FR     State effective date is 3/9/05
 Reference.                      Virginia VOC                  4207.             9 VAC 5-20-21, Sections
                                 Emissions                                        E.1.a.(16), E.4.a.(18) through
                                 Control Area                                     a.(20), E.6.a, E.11.a.(3),
                                 designated in 9                                  E.12.a.(5) through a.(8),
                                 VAC 5-20-206.                                    E.14.a. and E.14.b.
Motor vehicle emissions         Hampton Roads        8/29/96  6/26/97, 62 FR     52.2424(a).
 budgets.                        Ozone                         34408.
                                 Maintenance
                                 Area.

[[Page 974]]

 
Motor vehicle emissions         Richmond Ozone       7/30/96  11/17/97, 62 FR    52.2424(b).
 budgets.                        Maintenance                   61237.
                                 Area.
1990 Base Year Emissions        Metropolitan      11/1/93, 4/ 1/30/96, 61 FR     52.2425(a).
 Inventory--Carbon Monoxide      Washington Area.  3/95, 10/   2931.
 (CO).                                                 12/95
1990 Base Year Emissions        Richmond-          11/11/92,  9/16/96, 61 FR     52.2425(b).
 Inventory--Carbon Monoxide      Petersburg,       11/18/92,   48657.
 (CO), oxides of nitrogen        Norfolk-           11/1/93,
 (NOX), & volatile organic       Virginia Beach,    12/15/94
 compounds (VOC).                and Smyth
                                 County Ozone
                                 Areas.
1990 Base Year Emissions        Northern           11/30/92,  9/16/96, 61 FR     52.2425(c).
 Inventory--Carbon Monoxide      Virginia         11/1/93, 4/  54656.
 (CO), oxides of nitrogen        (Metropolitan          3/95
 (NOX), & volatile organic       Washington)
 compounds (VOC).                Ozone
                                 Nonattainment
                                 Area.
1990 Base Year Emissions        Northern            12/17/97  7/8/98, 63 FR      ...............................
 Inventory-oxides of nitrogen    Virginia                      36854.
 (NOX), & volatile organic       (Metropolitan
 compounds (VOC).                Washington)
                                 Ozone
                                 Nonattainment
                                 Area.
Photochemical Assessment        Northern            11/15/94  9/11/95, 60 FR     52.2426.
 Monitoring Stations (PAMS)      Virginia                      47081.
 Program.                        (Metropolitan
                                 Washington)
                                 Ozone
                                 Nonattainment
                                 Area.
Attainment determination of     Richmond Ozone       7/26/96  10/6/97, 62 FR     52.2428(a).
 the ozone NAAQS.                Nonattainment                 52029.
                                 Area.
15% rate of progress plan.....  Northern             4/14/98  10/6/00, 65 FR     52.2428(b).
                                 Virginia                      59727.
                                 (Metropolitan
                                 Washington)
                                 Ozone
                                 Nonattainment
                                 Area.
Small business stationary       Statewide.......    11/10/92  2/14/94, 59 FR     52.2460.
 source technical and                                          5327.
 environmental assistance
 program.
Establishment of Air Quality    Statewide.......     3/24/80  12/5/80, 45 FR     52.2465(c)(38).
 Monitoring Network.                                           86530.
Lead (Pb) SIP.................  Statewide.......    12/31/80  3/21/82, 45 FR     52.2465(c)(61).
                                                               8566.
Carbon Monoxide Maintenance     Arlington County     10/4/95  1/30/96, 61 FR     52.2465(c)(107).
 Plan.                           & Alexandria                  2931.
                                 City.
                                                     3/22/04  04/04/05, 70 FR    Revised Carbon Monoxide
                                                               16958.             Maintenance Plan Base Year
                                                                                  Emissions Inventory using
                                                                                  MOBILE6.
Ozone Maintenance Plan,         Hampton Roads        8/27/96  6/26/97, 62 FR     52.2465(c)(117).
 emissions inventory &           Area.                         34408.
 contingency measures.
Ozone Maintenance Plan,         Richmond Area...     7/26/96  11/17/97, 62 FR    52.2465(c)(119).
 emissions inventory &                                         61237.
 contingency measures.
Non-Regulatory Voluntary        Washington, DC     2/25/2004  5/12/05, 70 FR     The nonregulatory measures
 Emission Reduction Program.     severe 1-hour                 24987.             found in section 7.6 and
                                 ozone                                            Appendix J of the plan.
                                 nonattainment
                                 area.
1996-1999 Rate-of-Progress      Washington 1-         12/29/  5/16/05, 70 FR     Only the TCMs in Appendix H of
 Plan SIP and the                hour ozone       2003, 5/25/  25688.             the 5/25/1999 revision, 1999
 Transportation Control          nonattainment          1999                      motor vehicle emissions
 Measures (TCMs) in Appendix H.  area.                                            budgets of 128.5 tons per day
                                                                                  (tpy) of VOC and 196.4 tpy of
                                                                                  NOX.
1990 Base Year Inventory        Washington 1-     8/19/2003,  5/16/05, 70 FR     ...............................
 Revisions,.                     hour ozone        2/25/2004   25688.
                                 nonattainment
                                 area.
1999-2005 Rate-of-Progress      Washington 1-     8/19/2003,  5/16/05, 70 FR     Only the TCMs in Appendix J of
 Plan SIP Revision and the       hour ozone        2/25/2004   25688.             the 2/25/2004 revision, 2002
 Transportation Control          nonattainment                                    motor vehicle emissions
 Measures (TCMs) in Appendix J.  area.                                            budgets (MVEBs) of 125.2 tons
                                                                                  per day (tpy) for VOC and
                                                                                  290.3 tpy of NOX, and, 2005
                                                                                  MVEBs of 97.4 tpy for VOC and
                                                                                  234.7 tpy of NOX.
VMT Offset SIP Revision.......  Washington 1-     8/19/2003,  5/16/05, 70 FR     ...............................
                                 hour ozone        2/25/2004   25688.
                                 nonattainment
                                 area.
Contingency Measure Plan......  Washington 1-     8/19/2003,  5/16/05, 70 FR     ...............................
                                 hour ozone        2/25/2004   25688.
                                 nonattainment
                                 area.

[[Page 975]]

 
1-hour Ozone Modeled            Washington 1-     8/19/2003,  5/16/05, 70 FR     2005 motor vehicle emissions
 Demonstration of Attainment     hour ozone        2/25/2004   25688.             budgets of 97.4 tons per day
 and Attainment Plan.            nonattainment                                    (tpy) for VOC and 234.7 tpy of
                                 area.                                            NOX.
Attainment Demonstration and    Botetourt          12/21/04,  8/17/05, 70 FR     ...............................
 Early Action Plan for the       County, Roanoke     2/15/05   43277.
 Roanoke MSA Ozone Early         City, Roanoke
 Action Compact Area.            County, and
                                 Salem City.
Attainment Demonstration and    City of            12/20/04,  8/17/05, 70 FR     ...............................
 Early Action Plan for the       Winchester and     02/15/05   43280.
 Northern Shenandoah Valley      Frederick
 Ozone Early Action Compact      County.
 Area.
8-Hour Ozone Maintenance Plan   City of               5/4/05  12/23/05, 70 FR    ...............................
 for the Fredericksburg VA       Fredericksburg,               76165.
 Area.                           Spotsylvania
                                 County, and
                                 Stafford County.
8-Hour Ozone Maintenance Plan   Madison County       9/23/05  1/3/05, 71 FR 24.  ...............................
 for the Madison & Page Cos.     (part) and Page
 (Shenandoah NP), VA Area.       County (part).
8-Hour Ozone Maintenance Plan   Norfolk-Virginia   10/12/06,  6/1/07, 72 FR      The SIP effective date is 6/1/
 and 2002 Base Year Emissions    Beach-Newport     10/16/06,   30490.             07.
 Inventory.                      News (Hampton     10/18/06,
                                 Roads), VA Area.  11/20/06,
                                                     2/13/07
8-Hour Ozone Maintenance Plan   Richmond-         9/18/06, 9/ 6/1/07, 72 FR      The SIP effective date is 6/18/
 and 2002 Base Year Emissions    Petersburg, VA    20/06, 9/   30485.             07.
 Inventory.                      Area.            25/06, 11/
                                                   17/06, 2/
                                                       13/07
 Ozone Maintenance Plan.......  White Top             8/6/07  8/29/08..........
                                 Mountain, Smyth
                                 County, VA 1-
                                 hour Ozone
                                 Nonattainment
                                 Area.
RACT under the 8-Hour NAAQS...  Stafford County.   4/21/2008  12/22/08, 73 FR
                                                               78192..
----------------------------------------------------------------------------------------------------------------


[69 FR 54218, Sept. 8, 2004]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2420, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Editorial Note: At 72 FR 59209, Oct. 19, 2007, Sec. 52.2420(c) 
table was amended by revising the entry for 5-40-1750; however, the 
amendment could not be incorporated because no entry exists. For the 
convenience of the user, the revised text is set forth as follows:



Sec. 52.2420  Identification of plan.

                                * * * * *

    (c) * * *

                                 EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                            State
     State citation (9 VAC 5)           Title/subject     effective    EPA approval  date    Explanation [former
                                                             date                              SIP  citation]
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     Chapter 40 Existing Stationary Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Part II Emission Standards
----------------------------------------------------------------------------------------------------------------
 

[[Page 976]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                    Article 13 Emission Standards From Kraft Pulp and Paper Mills (Rule 4-13)
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 
5-40-1750.........................  Compliance..........  04/01/99   10/19/07, 72 FR 59207
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------


    Effective Date Note: At 74 FR 28446, June 16, 2009, Sec. 52.2420 
was amended in table (e) by adding the entry for ``RACT under the 8-hour 
ozone NAAQS''--Virginia portion of the Washington, DC-MD-VA area at the 
end of the table, effective July 16, 2009. For the convenience of the 
user, the added text is set forth as follows:



Sec. 52.2420  Identification of plan.

                                * * * * *

    (e) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory  SIP         Applicable           State                                Additional
            revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
RACT under the 8-Hour ozone       Virginia portion of        10/23/06  06/16/09, 74 FR     .....................
 NAAQS.                            the Washington, DC-                  28444.
                                   MD-VA area.
----------------------------------------------------------------------------------------------------------------



Sec. 52.2421  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Eastern Tennessee-Southwestern Virginia Interstate...           I          I       III       III           III
Valley of Virginia Intrastate........................           I        III       III       III           III
Central Virginia Intrastate..........................           I        III       III       III           III
Northeastern Virginia Intrastate.....................          IA        III       III       III           III
State Capital Intrastate.............................           I        III       III       III             I
Hampton Roads Intrastate.............................           I         II       III       III             I
National Capital Interstate..........................           I          I       III         I             I
----------------------------------------------------------------------------------------------------------------


[37 FR 15090, July 27, 1972, as amended at 39 FR 16347, May 8, 1974]



Sec. 52.2422  [Reserved]



Sec. 52.2423  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Virginia's plan for the attainment and maintenance of the 
national standards. The State included a provision dealing with open 
burning in its submittal of August 10, 1973.This provision was included 
for information purposes only and was not to be considered a part of the 
plan to implement national standards. Accordingly, this additional 
provision is not considered a part of the applicable plan.
    (b)-(c) [Reserved]

[[Page 977]]

    (d) The portion of the January 11, 1979 SIP submittal pertaining to 
Smyth County is not approved, pending a possible redesignation of the 
area to attainment status.
    (e) The requirements of Sec. 51.22 are not met with respect to 
section 4.55(b) of the Virginia regulations, because the regulation is 
not adequately enforceable. Therefore, section 4.55(b) is disapproved.
    (f) Section 9 VAC 5-40-20.A.3. of the Virginia Regulations for the 
Control and Abatement of Air Pollution is not considered part of the 
applicable plan because it contradicts a previously approved section of 
the SIP.
    (g) Section 4.31(d)(3) of Part IV of the Virginia Regulations for 
the Control and Abatement of Air Pollution is not considered part of the 
applicable plan because the substitute criteria, listed in section 
4.31(d)(3), contain inherent variations in quality control which do not 
present an accurate representation of collection efficiency.
    (h) In an April 19, 1991 request submitted by the Virginia 
Department of Air Pollution Control, the source-specific emission 
limitation for James River Paper which EPA had approved on August 18, 
1983 is deleted. James River Paper Co. (now known as Custom Papers 
Group--Richmond, Inc.) located in Richmond, Virginia is now required to 
comply with the applicable Virginia SIP paper coating regulation.
    (i) Pursuant to an October 31, 1991 request submitted by the 
Virginia Department of Air Pollution Control, the source-specific 
Alternate Control Program (bubble) for J.W. Fergusson & Sons, Inc. which 
EPA had approved on March 4, 1983, is removed from the plan. J.W. 
Fergusson & Sons, Inc. located in Richmond, Virginia is required to 
comply with the Virginia SIP graphic arts RACT regulation approved by 
EPA on January 25, 1984 (see 40 CFR 52.2420 (c)(48) and (c)(74)).
    (j) Letter of January 25, 1993, from the Commonwealth of Virginia 
transmitting a commitment to adopt either the Federal clean fuel fleet 
program or an alternative substitute program by May 15, 1994.
    (k) The maintenance plan SIP revision, and request to redesignate 
the Richmond moderate ozone nonattainment area to attainment were 
submitted on November 12, 1992, by the Department of Environmental 
Quality. These requests are disapproved because review of the 1993 
ambient air quality data monitored during the 1993 ozone season 
indicated that a violation of the ozone NAAQS occurred at the Charles 
City monitor in the Richmond nonattainment area . Because of the 
registered violation during the 1993 ozone season, the underlying basis 
of the Commonwealth's November 12, 1992, maintenance plan's 
demonstration is no longer valid.
    (l) [Reserved]
    (m) EPA approves as part of the Virginia State Implementation Plan 
the documents listed in Appendix M, Sections II.A. through II.E and 
Section II.G. of the Virginia Regulations for the Control and Abatement 
of Air Pollution submitted by the Virginia Department of Air Pollution 
Control on April 12, 1989.
    (n) EPA approves as part of the Virginia State Implementation Plan 
the revised references to the documents listed in Appendix M, Sections 
II.A. and II.B. of the Virginia Regulations for the Control and 
Abatement of Air Pollution submitted by the Virginia Department of Air 
Pollution Control on February 12, 1993.
    (o) EPA approves the revised confidentiality of information 
provisions of Sections 120-02-30, submitted by the Virginia Department 
of Air Pollution Control on March 18, 1993, as revisions to the Virginia 
SIP. However, should Virginia submit a SIP revision request on behalf of 
a source, which contains information that has been judged confidential 
under the provisions of Section 120-02-30, Virginia must request EPA to 
consider confidentiality according to the provisions of 40 CFR part 2. 
EPA is obligated to keep such information confidential only if the 
criteria of 40 CFR part 2 are met.
    (p) EPA disapproves the revised public participation provisions of 
Sections 120-08-01G.1 and 120-08-01G.4.b, submitted by the Virginia 
Department of Air Pollution Control on March 29, 1993, as revisions to 
the Virginia SIP. These revised provisions do not meet the requirements 
of 40 CFR 51.160 and 51.161. In its place, EPA retains the SIP

[[Page 978]]

provisions of Section 120-08-01C.1.a and 01C.4.b through d. as 
originally approved at Sec. Sec. 52.2420(c)(69) [SIP section 
2.33(a)(5)(ii)] and subsequently revised, due to format changes, at 
Sec. Sec. 52.2420(c)(89)(i)(B)(7) [SIP section 120-08-01C.4.b].
    (q) EPA approves as part of the Virginia State Implementation Plan 
the following revisions to the Virginia Regulations for the Control and 
Abatement of Pollution submitted by the Virginia Department of 
Environmental Quality on October 9, 1998:
    (1) Subpart T of 9 VAC 5-60-100 Designated emission standards of 
Rule 6-2 (9 VAC 5-60-90 et seq.) of 9 VAC 5 Chapter 60 amended to adopt 
40 CFR 63.460 through 63.469 by reference. This amendment was adopted on 
January 8, 1997, published in the Virginia Register of Regulations on 
March 31, 1997 and effective on May 1, 1997.
    (2) Revised date reference to 40 CFR part 63 (July 1, 1996) 
contained in 9 VAC 5-60-90 (General), as it pertains to the documents 
listed in 9 VAC 5-60-100, Subpart T.
    (r) EPA approves as part of the Virginia State Implementation Plan 
the revised references to the documents listed in Chapter 20, Section 9 
VAC 5-20-21 (formerly Appendix M), Sections E.4.a.(1), E.4.a.(2), and 
E.7.a.(1) through E.7.a.(3), of the Virginia Regulations for the Control 
and Abatement of Air Pollution submitted by the Virginia Department of 
Environmental Quality on June 22, 1999.
    (s) EPA approves as part of the Virginia State Implementation Plan 
the references to the documents listed in 9 VAC 5 Chapter 20, Section 5-
20-21, paragraph E.12 of the Virginia Regulations for the Control and 
Abatement of Air Pollution submitted by the Virginia Department of 
Environmental Quality on February 23, 2004.

[38 FR 33724, Dec. 6, 1973, as amended at 39 FR 41254, Nov. 26, 1974; 45 
FR 85749, Dec. 30, 1980; 46 FR 22583, Apr. 20, 1981; 57 FR 3011, Jan. 
27, 1992; 57 FR 27182, June 18, 1992; 58 FR 11377, Feb. 25, 1993; 58 FR 
50848, Sept. 29, 1993; 59 FR 22758, May 3, 1994; 60 FR 43717, Aug. 23, 
1995; 61 FR 16062, Apr. 11, 1996; 61 FR 38390, July 24, 1996; 64 FR 
59638, Nov. 3, 1999; 65 FR 41594, July 6, 2000; 68 FR 670, Jan. 7, 2003; 
69 FR 31897, June 8, 2004]



Sec. 52.2424  Motor vehicle emissions budgets.

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

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



Sec. 52.2425  1990 Base Year Emission Inventory.

    (a) EPA approves as a revision to the Virginia Implementation Plan 
the 1990 base year emission inventory for the Washington Metropolitan 
Statistical Area, submitted by Director, Virginia Department of 
Environmental Quality, on November 1, 1993, April 3, 1995 and October 
12, 1995. This submittal consists of the 1990 base year stationary, area 
and off-road mobile and on-road mobile emission inventories in the 
Washington Statistical Area for the pollutant, carbon monoxide (CO).
    (b) EPA approves as a revision to the Virginia State Implementation 
Plan the 1990 base year emission inventories for the Richmond-
Petersburg, Norfolk-Virginia Beach, and Smyth County ozone nonattainment 
areas submitted by the Director, Virginia Department of Environmental 
Quality on November 11, 1992, November 18, 1992, November 1, 1993, and 
December 15, 1994. These submittals consist of the 1990 base year point, 
area, non-road mobile, biogenic and on-road mobile source emission 
inventories in each area for the following pollutants: volatile organic 
compounds (VOC), carbon monoxide (CO), and oxides of nitrogen 
(NOX).
    (c) EPA approves as a revision to the Virginia State Implementation 
Plan the 1990 base year emission inventories

[[Page 979]]

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

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



Sec. 52.2426  Photochemical Assessment Monitoring Stations (PAMS) 
Program.

    On November 23, 1994 Virginia's Department of Environmental Quality 
submitted a plan for the establishment and implementation of a 
Photochemical Assessment Monitoring Stations (PAMS) Program as a state 
implementation plan (SIP) revision, as required by section 182(c)(1) of 
the Clean Air Act. EPA approved the Photochemical Assessment Monitoring 
Stations (PAMS) Program on September 11, 1995 and made it part of the 
Virginia SIP. As with all components of the SIP, Virginia must implement 
the program as submitted and approved by EPA.

[60 FR 47084, Sept. 11, 1995]



Sec. 52.2427  Source surveillance.

    (a)-(b) [Reserved]
    (c) The requirements of Sec. 51.213 of this chapter are not met 
because the plan does not provide procedures for determining actual 
emission reductions achieved as a result of implementing the proposed 
transportation control measures. Rectifying provisions are promulgated 
in this section.
    (d) Monitoring transportation sources. (1) This section is 
applicable to the Commonwealth of Virginia.
    (2) In order to assure the effectiveness of the inspection and 
maintenance program approved in Sec. 52.2423 and required by Sec. 
52.2441, and the retrofit devices required under Sec. Sec. 52.2444, 
52.2445, 52.2446, and 52.2447 the Commonwealth shall monitor the actual 
per-vehicle emissions reductions occurring as a result of such measures. 
All data obtained from such monitoring shall be included in the 
quarterly report submitted to the Administrator by the Commonwealth of 
Virginia in accordance with Sec. 58.35 of this chapter. The first 
quarterly report shall cover the period January 1 to March 31, 1976.
    (3) In order to assure the effective implementation of the car pool 
locator, express bus lanes, increased bus fleet and service, elimination 
of free on-street commuter parking, elimination of free employee 
parking, and the parking surcharge approved in Sec. 52.2423, the 
Commonwealth shall monitor vehicle miles traveled and average vehicle 
speeds for each area in which such sections are in effect and during 
such time periods as may be appropriate to evaluate the effectiveness of 
such a program. All data obtained from such monitoring shall be included 
in the quarterly report submitted to the Administrator by the 
Commonwealth of Virginia in accordance with Sec. 58.35 of this chapter. 
The first quarterly report shall cover the period from July 1 to 
September 30, 1974. The vehicle miles traveled and vehicle speed data 
shall be collected on a monthly basis and submitted in a format similar 
to Table 1.

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


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


[[Page 980]]

    (4) No later than March 1, 1974, the Commonwealth shall submit to 
the Administrator a compliance schedule to implement this section. The 
program description shall include the following:
    (i) The agency or agencies responsible for conducting, overseeing, 
and maintaining the monitoring program.
    (ii) The administrative procedures to be used.
    (iii) A description of the methods to be used to collect the 
emission data, VMT data, and vehicle speed data; a description of the 
geographical area to which the data apply; identification of the 
location at which the data will be collected; and the time periods 
during which the data will be collected.

[37 FR 10898, May 31, 1972, as amended at 37 FR 15091, July 27, 1972; 38 
FR 16568, June 22, 1973; 38 FR 33724, Dec. 6, 1973; 44 FR 27571, May 10, 
1979; 51 FR 40677, Nov. 7, 1986]



Sec. 52.2428  Control Strategy: Carbon monoxide and ozone.

    (a) Determination--EPA has determined that, as of November 5, 1997, 
the Richmond ozone nonattainment area, which consists of the counties of 
Chesterfield, Hanover, Henrico, and part of Charles City County, and of 
the cities of Richmonds, Colonial Heights and Hopewell, has attained the 
1-hour .12 ppm ozone standard based on three years of air quality data 
for 1993, 1994 and 1995. EPA has further determined that the reasonable 
further progress and attainment demonstration requirements of section 
182(b)(1) and related requirements of section 172(c)(9) of the Clean Air 
Act do not apply to the Richmond area for so long as the area does not 
monitor any violations of the 1-hour .12ppm ozone standard, or until the 
area is no longer designated nonattainment. If a violation of the ozone 
NAAQS is monitored in the Richmond ozone nonattainment area while the 
area is designated nonattainment, these determinations shall no longer 
apply.
    (b) EPA approves the Commonwealth's 15 Percent Rate of Progress Plan 
for the Virginia portion of the Metropolitan Washington, D.C. ozone 
nonattainment area, submitted by the Acting Director of the Virginia 
Department of the Environmental Quality on April 14, 1998.
    (c)-(d) [Reserved]
    (e) Based upon EPA's review of the air quality data for the 3-year 
period 2003 to 2005, EPA has determined that the Washington, DC severe 
1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the 
applicable attainment date of November 15, 2005. EPA also has determined 
that the Washington, DC severe 1-hour ozone nonattainment area is not 
subject to the imposition of the section 185 penalty fees.

[62 FR 52032, Oct. 6, 1997, as amended at 65 FR 59731, Oct. 6, 2000; 66 
FR 632, Jan. 3, 2001; 69 FR 43522, July 21, 2004; 73 FR 43362, July 25, 
2008]



Sec. 52.2429  Control strategy: Particulate matter.

    Determination of Attainment. EPA has determined, as of January 12, 
2009, the Virginia portion of the Metropolitan Washington, DC-MD-VA 
nonattainment area for the 1997 PM2.5 NAAQS has attained the 
1997 PM2.5 NAAQS. This determination, in accordance with 40 
CFR 52.1004(c), suspends the requirements for this area to submit an 
attainment demonstration and associated reasonably available control 
measures, a reasonable further progress plan, contingency measures, and 
other planning SIPs related to attainment of the standard for as long as 
the area continues to attain the 1997 PM2.5 NAAQS.

[74 FR 1148, Jan. 12, 2009]



Sec. Sec. 52.2430-52.2432  [Reserved]



Sec. 52.2433  Intergovernmental cooperation.

    (a) The requirements of Subpart M of this chapter are not met 
because the plan does not adequately identify the State and local 
agencies, and their responsibilities, involved in carrying out the 
proposed transportation control measures.

[38 FR 16569, June 22, 1973, as amended at 51 FR 40677, Nov. 7, 1986]



Sec. Sec. 52.2434-52.2435  [Reserved]



Sec. 52.2436  Rules and regulations.

    (a) [Reserved]
    (b) The requirements of Sec. 51.281 are not met with respect to 
Section 4.55 (b)

[[Page 981]]

of the Virginia regulations, because the regulation is not adequately 
enforceable. Therefore, Section 4.55(b) is disapproved.

[38 FR 33725, Dec. 6, 1973, as amended at 45 FR 55197, Aug. 19, 1980; 51 
FR 40677, Nov. 7, 1986; 61 FR 16063, Apr. 11, 1996]



Sec. Sec. 52.2437-52.2449  [Reserved]



Sec. 52.2450  Conditional approval.

    (a) Virginia's September 28, 1994 SIP submittal of a Consent Order 
and Agreement (Order) between the Department of Environmental Quality of 
the Commonwealth of Virginia and Philip Morris, Inc. establishing 
reasonably available control technology (RACT) for the Manufacturing 
Center located in Richmond, Virginia is conditionally approved based on 
certain contingencies. The condition for approval is to revise and 
resubmit the Order as a SIP revision within one year of September 29, 
1995 according to one of the following: Eliminate the exemption to use 
non-ethanol-based flavorings in lieu of add-on controls; restrict the 
applicability of the exemption to the use of non-VOC based flavorings; 
or impose monitoring and reporting requirements sufficient to determine 
net increases or decreases in emissions on a mass basis relative to the 
emissions that would have occurred using add-on controls on an average 
not to exceed thirty days.
    (b) Virginia's severe ozone nonattainment area SIP for the 
Metropolitan Washington area, which includes the 1996-1999 portion of 
the rate-of-progress plan submitted on December 19, 1997 and May 25, 
1999 and the transportation control measures in Appendix H of the May 
25, 1999 submittal, and the severe ozone attainment demonstration 
submitted on April 29, 1998, August 18, 1998, February 9, 2000, and 
section 9.1.1.2 of the March 22, 2000 submittal and the transportation 
control measures in Appendix J of the February 9, 2000 submittal, is 
conditionally approved contingent on Virginia submitting a revised SIP 
by April 17, 2004 that satisfies certain conditions. This conditional 
approval also establishes motor vehicle emissions budgets for 2005 of 
101.8 tons per day of volatile organic compounds (VOC) and 161.8 tons 
per day of nitrogen oxides (NOX) to be used in transportation 
conformity in the Metropolitan Washington, DC serious ozone 
nonattainment area until revised budgets based upon the MOBILE6 model 
are submitted and found adequate. Virginia must submit a revised SIP by 
April 17, 2004 that satisfies the following conditions.
    (1) Revises the 1996-1999 portion of the severe area ROP plan to 
include a contingency plan containing those adopted measures that 
qualify as contingency measures to be implemented should EPA determine 
that the Washington area failed to achieve the required 9 percent rate-
of-progress reductions by November 15, 1999.
    (2) Revises the 1999-2005 portion of the severe area rate-of-
progress plan to provide MOBILE6-based mobile source emission budgets 
and adopted measures sufficient to achieve emission reductions of ozone 
precursors of at least 3 percent per year from November 15, 1999 to the 
November 15, 2005 severe ozone attainment date.
    (3) Revises the severe area ROP plan to include a contingency plan 
containing those adopted measures that qualify as contingency measures 
to be implemented should EPA determine that the Washington area failed 
to achieve the ROP reductions required for the post-1999 period.
    (4) Revises the Washington area severe attainment demonstration to 
include a contingency plan containing those adopted measures that 
qualify as contingency measures to be implemented for the failure of the 
Washington area to attain the one-hour ozone standard for serious areas 
by November 15, 1999.
    (5) Revises the Washington area severe attainment demonstration to 
reflect revised MOBILE6-based motor vehicle emissions budgets, including 
revisions to the attainment modeling/weight of evidence demonstration 
and adopted control measures, as necessary, to show that the SIP 
continues to demonstrate attainment by November 15, 2005.
    (6) Revises the Washington area severe attainment demonstration to 
include a contingency plan containing those measures to be implemented 
if the Washington area does not attain

[[Page 982]]

the one-hour ozone standard by November 15, 2005.
    (7) Revises the Washington area severe attainment demonstration to 
include a revised RACM analysis and any revisions to the attainment 
demonstration including adopted control measures, as necessitated by 
such analysis.
    (8) Revises the major stationary source threshold to 25 tons per 
year.
    (9) Revises Reasonably Available Control Technology (RACT) rules to 
include the lower major source applicability threshold.
    (10) Revises new source review offset requirement to require an 
offset ratio of at least 1.3 to 1.
    (11) Includes a fee requirement for major sources of volatile 
organic compounds (VOC) and nitrogen oxides (NOX) should the 
area fail to attain by November 15, 2005.
    (12) Includes a revision that identifies and adopts specific 
enforceable transportation control strategies and transportation control 
measures to offset any growth in emissions from growth in vehicle miles 
traveled or number of vehicle trips and to attain reductions in motor 
vehicle emissions as necessary, in combination with other emission 
reduction requirements in the Washington area, to comply with the rate-
of-progress requirements for severe areas. Measures specified in section 
108(f) of the Clean Air Act will be considered and implemented as 
necessary to demonstrate attainment.
    (c)-(f) [Reserved]

[60 FR 45056, Aug. 30, 1995, as amended at 62 FR 26748, May 15, 1997; 62 
FR 34007, June 24, 1997; 62 FR 49152, Sept. 19, 1997; 63 FR 1368, Jan. 
9, 1998; 64 FR 22792, Apr. 28, 1999; 64 FR 47674, Sept. 1, 1999; 65 FR 
59732, Oct. 6, 2000; 66 FR 16, Jan. 2, 2001; 68 FR 19132, Apr. 17, 2003; 
68 FR 40527, July 8, 2003; 69 FR 52176, Aug. 25, 2004]

    Effective Date Note: At 69 FR 19937, Apr. 15, 2004, in Sec. 
52.2450, paragraph (b) was stayed indefinitely.



Sec. 52.2451  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are met since the plan includes approvable procedures for the 
Prevention of Significant Air Quality Deterioration.
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 (b) through (w) are hereby 
removed from the applicable state plan for the Commonwealth of Virginia.

[63 FR 13798, Mar. 23, 1998]



Sec. 52.2452  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met, because the plan does not include approvable procedures for 
protection of visibility in mandatory Class I Federal areas.
    (b) Regulation for visibility monitoring. The provisions of Sec. 
52.26 are hereby incorporated and made a part of the applicable plan for 
the State of Virginia.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of 
Virginia.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.2453  Requirements for state implementation plan revisions 
relating to new motor vehicles.

    Virginia must comply with the requirements of Sec. 51.120 with 
respect to the portion of Virginia that in 1990 was located in the 
Consolidated Metropolitan Statistical Area containing the District of 
Columbia.

[60 FR 4738, Jan. 24, 1995]



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

    (a) Applicability. (1) This section applies only to the 
pharmaceutical manufacturing facility, commonly referred to as the 
Stonewall Plant, located at Route 340 South, in Elkton, Virginia 
(``site'').
    (2) This section sets forth the prevention of significant 
deterioration of air quality preconstruction review requirements for the 
following pollutants only: carbon monoxide, nitrogen oxides, ozone 
(using volatile organic compounds as surrogate), particulate matter with 
an aerodynamic diameter less than 10 microns (PM10), and 
sulfur dioxide. This section applies in lieu of Sec. 52.21 for the 
pollutants identified in this paragraph as well as particulate

[[Page 983]]

matter, but not for particulate matter with an aerodynamic diameter less 
than or equal to a nominal 2.5 microns (PM2.5) regulated as 
PM2.5; however, the preconstruction review requirements of 
Sec. 52.21, or other preconstruction review requirements that the 
Administrator approves as part of the plan, shall remain in effect for 
any pollutant which is not specifically identified in this paragraph and 
is subject to regulation under the Act.
    (b) Definitions. For the purposes of this section:
    12-month rolling total for an individual pollutant or the total 
criteria pollutants, as specified in paragraph (d) of this section, is 
calculated on a monthly basis as the sum of all actual emissions of the 
respective pollutant(s) from the previous 12 months.
    Act means the Clean Air Act, as amended, 42 U.S.C. 7401, et seq.
    Completion of the powerhouse conversion means the date upon which 
the new boilers, installed pursuant to paragraph (g) of this section, 
are operational. This determination shall be made by the site based on 
the boiler manufacturer's installation, startup and shakedown 
specifications.
    Permitting authority means either of the following:
    (1) The Administrator, in the case of an EPA-implemented program; or
    (2) The State air pollution control agency, or other agency 
delegated by the Administrator, pursuant to paragraph (o) of this 
section, to carry out this permit program.
    Process unit means:
    (1) Manufacturing equipment assembled to produce a single 
intermediate or final product; and
    (2) Any combustion device.
    Responsible official means:
    (1) The president, secretary, treasurer, or vice-president of the 
business entity in charge of a principal business function, or any other 
person who performs similar policy or decision-making functions for the 
business entity; or
    (2) A duly authorized representative of such business entity if the 
representative is responsible for the overall operation of one or more 
manufacturing, production, or operating facilities applying for or 
subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) The authority to sign documents has been assigned or delegated 
to such representative in accordance with procedures of the business 
entity.
    Site means the contiguous property at Route 340 South, Elkton, 
Virginia, under common control by Merck & Co., Inc., and its successors 
in ownership, known as the Stonewall site.
    (c) Authority to issue permit. The permitting authority may issue to 
the site a permit which complies with the requirements of paragraphs (d) 
through (n) of this section. The Administrator may delegate, in whole or 
in part, pursuant to paragraph (o) of this section, the authority to 
administer the requirements of this section to a State air pollution 
control agency, or other agency authorized by the Administrator.
    (d) Site-wide emissions caps. The permit shall establish site-wide 
emissions caps as provided in this paragraph.
    (1) Initial site-wide emissions caps. The initial site-wide 
emissions caps shall be based on the site's actual emissions during a 
time period, within five years of the date of permit issuance, which 
represents normal site operation. The permitting authority may allow the 
use of a different time period upon a determination that it is more 
representative of normal source operation. Actual site-wide emissions 
shall be calculated using the actual operating hours, production rates, 
and types of materials processed, stored, or combusted during the 
selected time period.
    (i) Total criteria pollutant emissions cap. The permit shall 
establish a total criteria pollutant emissions cap (total emissions 
cap). The criteria pollutants included in the total emissions cap are 
the following: carbon monoxide, nitrogen oxides, ozone (using volatile 
organic compounds as surrogate), particulate matter with an aerodynamic 
diameter less than 10 microns, and sulfur dioxide.
    (ii) Individual pollutant caps. The permit shall establish 
individual pollutant

[[Page 984]]

caps for sulfur dioxide, nitrogen oxides and PM10.
    (2) Adjustments to the site-wide emissions caps. (i) The permit 
shall require that upon completion of the powerhouse conversion, the 
site shall reduce the site-wide emissions caps as follows:
    (A) The total emissions cap shall be reduced by 20 percent from the 
initial site-wide emissions cap established pursuant to paragraph 
(d)(1)(i) of this section.
    (B) The sulfur dioxide cap shall be reduced by 25 percent from the 
initial site-wide emissions cap established pursuant to paragraph 
(d)(1)(ii) of this section.
    (C) The nitrogen oxide cap shall be reduced by 10 percent from the 
initial site-wide emissions cap established pursuant to paragraph 
(d)(1)(ii) of this section.
    (ii) The permit may specify other reasons for adjustment of the 
site-wide emissions caps.
    (e) Operating under the site-wide emissions caps. (1) The permit 
shall require that the site's actual emissions of criteria pollutants 
shall not exceed the total emissions cap established pursuant to 
paragraph (d) of this section.
    (2) The permit shall require that the site's actual emissions of 
sulfur dioxide, nitrogen oxides and PM10 shall not exceed the 
respective individual pollutant cap established pursuant to paragraph 
(d) of this section.
    (3) Compliance with the total emissions cap and individual pollutant 
caps shall be determined by comparing the respective cap to the 12-month 
rolling total for that cap. Compliance with the total emissions cap and 
individual pollutant caps shall be determined within one month of the 
end of each month based on the prior 12 months. The permit shall set 
forth the emission calculation techniques which the site shall use to 
calculate site-wide actual criteria pollutant emissions.
    (4) Installation of controls for significant modifications and 
significant new installations. (i) This paragraph applies to significant 
modifications and significant new installations. Significant 
modifications for the purposes of this section are defined as changes to 
an existing process unit that result in an increase of the potential 
emissions of the process unit, after consideration of existing controls, 
of more than the significance levels listed in paragraph (e)(4)(ii) of 
this section. Significant new installations for the purposes of this 
section are defined as new process units with potential emissions before 
controls that exceed the significance levels listed in paragraph 
(e)(4)(ii) of this section. For purposes of this section, potential 
emissions means process unit point source emissions that would be 
generated by the process unit operating at its maximum capacity.
    (ii) The significance levels for determining significant 
modifications and significant new installations are: 100 tons per year 
of carbon monoxide; 40 tons per year of nitrogen oxides; 40 tons per 
year of sulfur dioxide; 40 tons per year of volatile organic compounds; 
and 15 tons per year of PM10.
    (iii) For any significant modification or significant new 
installation, the permit shall require that the site install, at the 
process unit, emission controls, pollution prevention or other 
technology that represents good environmental engineering practice in 
the pharmaceutical or batch processing industry, based on the emission 
characteristics (such as flow, variability, pollutant properties) of the 
process unit.
    (f) Operation of control equipment. The permit shall require that 
the site shall continue to operate the emissions control equipment that 
was previously subject to permit requirements at the time of issuance of 
a permit pursuant to this section. This equipment shall be operated in a 
manner which minimizes emissions, considering the technical and physical 
operational aspects of the equipment and associated processes. This 
operation shall include an operation and maintenance program based on 
manufacturers' specifications and good engineering practice.
    (g) Powerhouse conversion. The permit shall require that the site 
convert the steam-generating powerhouse from burning coal as the primary 
fuel to burning natural gas as the primary fuel and either No. 2 fuel 
oil or propane as backup fuel.
    (1) The new boilers shall be equipped with low nitrogen oxides 
technology.
    (2) The site shall complete the powerhouse conversion (completion of 
the

[[Page 985]]

powerhouse conversion) no later than 30 months after the effective date 
of the permit.
    (h) Monitoring, recordkeeping and reporting. (1) The permit shall 
set forth monitoring, recordkeeping, and reporting requirements 
sufficient to demonstrate compliance with the site-wide emissions caps. 
The monitoring, recordkeeping and reporting requirements shall be 
structured in a tiered system, such that the requirements become more 
stringent as the site's emissions approach the total emissions cap.
    (2) At a minimum, the permit shall require that the site submit to 
the permitting authority semi-annual reports of the site-wide criteria 
pollutant emissions (expressed as a 12-month rolling total) for each 
month covered by the report. These reports shall include a calculation 
of the total emissions cap, as well as, the emissions of sulfur dioxide, 
nitrogen oxides, carbon monoxide, volatile organic compounds and 
PM10.
    (3) Any reports required by the permit to be submitted on an annual 
or semi-annual basis shall contain a certification by the site's 
responsible official that to his belief, based on reasonable inquiry, 
the information submitted in the report is true, accurate, and complete.
    (4) Any records required by the permit shall be retained on site for 
at least five years.
    (i) Air quality analysis. The permittee shall demonstrate, prior to 
permit issuance and on a periodic basis which shall be specified in the 
permit, that emissions from construction or operation of the site will 
not cause or contribute to air pollution in excess of any:
    (1) Maximum allowable increase or maximum allowable concentration 
for any pollutant, pursuant to section 165 of the Act;
    (2) National ambient air quality standard or;
    (3) Other applicable emission standard or standard of performance 
under the Act.
    (j) Termination. (1) The permit may be terminated as provided in 
this paragraph for reasons which shall include the following, as well as 
any other termination provisions specified in the permit:
    (i) If the Administrator or the permitting authority determines that 
continuation of the permit is an imminent and substantial endangerment 
to public health or welfare, or the environment;
    (ii) If the permittee knowingly falsifies emissions data;
    (iii) If the permittee fails to implement the powerhouse conversion 
pursuant to paragraph (g) of this section;
    (iv) If the permittee receives four consent orders or two judgments 
adverse to the site arising from non-compliance with this permit in a 
five year period that are deemed material by the Administrator or the 
permitting authority; or
    (v) If the total emissions cap is exceeded.
    (2) In the event of termination, the Administrator or the permitting 
authority shall provide the permittee with written notice of its intent 
to terminate the permit. Within 30 calendar days of the site's receipt 
of this notice, the site may take corrective action to remedy the cause 
of the termination. If this remedy, which may include a corrective 
action plan and schedule, is deemed acceptable by the Administrator or 
the permitting authority (whichever agency provided written notice of 
its intent to terminate the permit), the action to terminate the permit 
shall be withdrawn. Otherwise, the permit shall be terminated in 
accordance with procedures specified in the permit.
    (3) Termination of the permit does not waive the site's obligation 
to complete any corrective actions relating to non-compliance under the 
permit.
    (k) Inspection and entry. (1) Upon presentation of credentials and 
other documents as may be required by law, the site shall allow 
authorized representatives of the Administrator and the permitting 
authority to perform the following:
    (i) Enter upon the site;
    (ii) Have access to and copy, at reasonable times, any records that 
must be kept under the conditions of the permit;

[[Page 986]]

    (iii) Have access at reasonable times to batch and other plant 
records needed to verify emissions.
    (iv) Inspect at reasonable times any facilities, equipment 
(including monitoring and control equipment), practices, or operations 
required under the permit;
    (v) Sample or monitor any substances or parameters at any location, 
during operating hours, for the purpose of assuring permit compliance or 
as otherwise authorized by the Act.
    (2) No person shall obstruct, hamper, or interfere with any such 
authorized representative while in the process of carrying out his 
official duties. Refusal of entry or access may constitute grounds for 
permit violation and assessment of civil penalties.
    (3) Such site, facility and equipment access, and sampling and 
monitoring shall be subject to the site's safety and industrial hygiene 
procedures, and Food and Drug Administration Good Manufacturing Practice 
requirements (21 CFR parts 210 and 211) in force at the site.
    (l) Transfer of ownership. The terms of the permit are transferable 
to a new owner upon sale of the site, in accordance with provisions 
specified by the permit.
    (m) Permit issuance. The permitting authority shall provide for 
public participation prior to issuing a permit pursuant to this section. 
At a minimum, the permitting authority shall:
    (1) Make available for public inspection, in at least one location 
in the area of the site, the information submitted by the permittee, the 
permitting authority's analysis of the effect on air quality including 
the preliminary determination, and a copy or summary of any other 
materials considered in making the preliminary determination;
    (2) Notify the public, by advertisement in a newspaper of general 
circulation in the area of the site, of the application, the preliminary 
determination, and of the opportunity for comment at a public hearing as 
well as written public comment;
    (3) Provide a 30-day period for submittal of public comment;
    (4) Send a copy of the notice of public comment to the following: 
the Administrator, through the appropriate Regional Office; any other 
State or local air pollution control agencies, the chief executives of 
the city and county where the site is located; any State, Federal Land 
Manager, or other governing body whose lands may be affected by 
emissions from the site.
    (5) Provide opportunity for a public hearing for interested persons 
to appear and submit written or oral comments on the air quality impact 
of the site, the control technology required, and other appropriate 
considerations.
    (n) Permit modifications. The permit shall specify the conditions 
under which the permit may be modified by the permitting authority. The 
permitting authority shall modify the permit in accordance with the 
procedures set forth in this paragraph.
    (1) Permit modifications that require public participation. For any 
change that does not meet the criteria for an administrative permit 
modification established in paragraph (n)(2)(i) of this section, the 
permitting authority shall provide an opportunity for public 
participation, consistent with the provisions of paragraph (m) of this 
section, prior to processing the permit modification.
    (2) Administrative permit modification. (i) An administrative permit 
modification is a permit revision that:
    (A) Corrects typographical errors;
    (B) Identifies a change in the name, address, or phone number of any 
person identified in the permit, or provides a similar minor 
administrative change at the site;
    (C) Requires more frequent monitoring, recordkeeping, or reporting 
by the permittee;
    (D) Allows for a change in ownership or operational control of a 
source where the permitting authority determines that no other change in 
the permit is necessary, provided that a written agreement containing a 
specific date for transfer of permit responsibility, coverage, and 
liability between the current and new permittee has been submitted to 
the permitting authority.

[[Page 987]]

    (E) Updates the emission calculation methods specified in the 
permit, provided that the change does not also involve a change to any 
site-wide emissions cap.
    (F) Changes the monitoring, recordkeeping or reporting requirements 
for equipment that has been shutdown or is no longer in service.
    (G) Any other change that is stipulated in the permit as qualifying 
as an administrative permit modification, provided that the permit 
condition which includes such stipulation has already undergone public 
participation in accordance with paragraph (m) of this section.
    (ii) An administrative permit modification may be made by the 
permitting authority consistent with the following procedures:
    (A) The permitting authority shall take final action on any request 
for an administrative permit modification within 60 days from receipt of 
the request, and may incorporate such changes without providing notice 
to the public, provided that the permitting authority designates any 
such permit revisions as having been made pursuant to this paragraph.
    (B) The permitting authority shall submit a copy of the revised 
permit to the Administrator.
    (C) The site may implement the changes addressed in the request for 
an administrative permit modification immediately upon submittal of the 
request to the permitting authority.
    (o) Delegation of authority. (1) The Administrator shall have the 
authority to delegate the responsibility to implement this section in 
accordance with the provisions of this paragraph.
    (2) Where the Administrator delegates the responsibility for 
implementing this section to any agency other than a Regional Office of 
the Environmental Protection Agency, the following provisions shall 
apply:
    (i) Where the delegate agency is not an air pollution control 
agency, it shall consult with the appropriate State and local air 
pollution control agency prior to making any determination under this 
section. Similarly, where the delegate agency does not have continuing 
responsibility for managing land use, it shall consult with the 
appropriate State and local agency primarily responsible for managing 
land use prior to making any determination under this section.
    (ii) The delegate agency shall send a copy of any public comment 
notice required under paragraph (n) of this section to the Administrator 
through the appropriate Regional Office.

[62 FR 52638, Oct. 8, 1997]



Sec. 52.2460  Small business stationary source technical and 
environmental compliance assistance program.

    On November 10, 1992, the Executive Director of the Virginia 
Department of Air Pollution Control submitted a plan for the 
establishment and implementation of a Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program as a State 
Implementation Plan revision, as required by title V of the Clean Air 
Act. EPA approved the Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program on February 4, 1994, and 
made it a part of the Virginia SIP. As with all components of the SIP, 
Virginia must implement the program as submitted and approved by EPA.

[59 FR 5329, Feb. 4, 1994]



Sec. 52.2465  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Virginia'' and all revisions submitted by Virginia that 
were federally approved prior to March 1, 2000.
    (b) The plan was officially submitted on January 30, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Miscellaneous non-regulatory additions and errata to the plan 
submitted on May 4, 1972, by the Virginia Air Pollution Control Board.
    (2) Revisions to control strategy for particulate matter, section 
IV, Rules 3 and 7 of the Virginia Air Pollution Control Regulations, and 
public availability of emission data regulation submitted June 30, 1972, 
by the Governor.
    (3) Revisions to nitrogen dioxide control strategy regulations 
section 705.05 of the Virginia Air Pollution Control

[[Page 988]]

Regulations, submitted July 26, 1972, by the Governor.
    (4) Miscellaneous non-regulatory additions to the plan submitted on 
February 14, 1973, by the Governor.
    (5) Transportation control plan for National Capital AQCR submitted 
April 11, 1973, by the Governor.
    (6) Amendments to the National Capital AQCR Transportation Control 
Plan submitted on May 30, 1973, by the Governor.
    (7) Amendments to the National Capital AQCR Transportation Control 
Plan submitted on July 11, 1973, by the Governor.
    (8) Amendments to the National Capital AQCR Transportation Control 
Plan submitted on July 9, 1973, by the Governor.
    (9) Miscellaneous non-regulatory additions to the plan submitted on 
August 10, 1973, by the Governor.
    (10) Revision to plan setting forth control strategy for particulate 
matter in the State Capital AQCR submitted August 20, 1973, by the 
Governor.
    (11) Indirect Source Review plan was submitted December 6, 1973, by 
the State Air Pollution Control Board.
    (12) Revisions to air quality standards for sulfur oxides section 
3.703 of the Commonwealth of Virginia's Regulations for the Control and 
Abatement of Air Pollution, submitted February 12, 1974, by the Virginia 
Air Pollution Control Board.
    (13) AQMA designations were submitted on May 7, 1974 by the Governor 
of the State of Virginia.
    (14) Revision deleting preface to the State air pollution control 
regulations submitted May 24, 1974 by the Virginia Air Pollution Control 
Board.
    (15) An amendment to Section 2.05(a) (Variances) former Section 
2.01(f) of the Commonwealth of Virginia Regulations for the Control and 
Abatement to Air Pollution submitted on August 14, 1975 by the 
Commonwealth Secretary of Commerce and Resources.
    (16) A variance to allow the operation of the Alexandria City 
Incinerator in excess of the federally approved particulate emission 
limitations for incinerators until December 31, 1979, by the 
Commonwealth Secretary of Commerce and Resources.
    (17) Amendment to section 7.02 (Episode Determination) [former 
sections 6.01(b), 6.701(b)] of the Commonwealth of Virginia for the 
Control and Abatement of Air Pollution submitted on January 29, 1976, by 
the Secretary of Commerce and Resources.
    (18) Amendment to sections 7.01 (General) [former section 6.700] and 
7.02 (Episode Determination) [former section 6.701(b)] of the 
Commonwealth of Virginia Regulations for the Control and Abatement of 
Air Pollution submitted on March 11, 1977, by the Secretary of Commerce 
and Resources.
    (19) Amendments to Part I, Subpart 1.01 (Certain Terms Defined) and 
to Part IV, Section 4.52 (former Section 4.705.13) of the Commonwealth 
of Virginia Regulations for the Control and Abatement of Air Pollution 
submitted on April 16, 1974, by the Commonwealth Secretary for Commerce 
and Resources.
    (20) Amendments to Part I (Definitions), Sections 1.01 and 1.02; 
amendments to Part II (General), Sections 2.01, 2.03, 2.04, 2.07, 2.08, 
2.10, 2.12, 2.30, and 2.31; amendments to Part III (Ambient Air Quality 
Standards), Sections 3.01, 3.03 [sections 3.03(b)(1) and 3.03(b)(2) are 
deleted] 3.04, 3.05, 3.06, 3.07 and deletion of Section 3.08; amendments 
to Part IV (Existing Sources), Sections 4.01, 4.20, 4.40, 4.41, 4.51(b) 
through 4.51(g), 4.70, 4.71, 4.80-4.86, 4.90-4.92, and 4.100-4.102 and 
deletion of Section 4.07.02; amendments to Part VII (Air Pollution 
Episode), Sections 7.01, 7.02, and 7.05; and amendments to Appendices A, 
B, C (former Appendix A), D, E [former Section 4.08.04], G, H, and I 
submitted on August 14, 1975 by the Secretary of Commerce and Resources.
    (21) Deletion of former Section 4.703.04 (Bacharach Standard) 
submitted on June 16, 1976 by the Secretary of Commerce and Resources.
    (22) Amendments to Part I (Definitions), Section 1.01, submitted on 
October 20, 1976 by the Secretary of Commerce and Resources.
    (23) Amendment to Section 10-17.21 of the Virginia Air Pollution 
Control Law submitted August 1975 by the Commonwealth.
    (24) Amendment to subsection 4.52(e) (former section 4.705.03) of 
the Virginia

[[Page 989]]

regulations for the control and abatement of air pollution; submitted on 
April 16, 1974, as amended June 16, 1976, by the secretary of commerce 
and resources.
    (25) A variance issued to the Spruance, Virginia plant of E.I. 
DuPont de Nemours and Company exempting one of their boilers from Rule 
EX-3 until December 31, 1980, submitted on December 13, 1978 by the 
Secretary of Commerce and Resources.
    (26) On November 28, 1977 the State submitted an amendment to the 
Virginia SIP consisting of a permit extension and an emission offset for 
the Hampton Roads Energy Company's proposed refinery and terminal in 
Portsmouth, Virginia. This submittal was supplemented by the 
Commonwealth on March 17, 1978, May 26, 1978, August 9, 1978, and 
October 5, 1979. The March 17th submittal included a letter dated March 
6, 1978 from the Commission of the Virginia Department of Highways and 
Transportation committing to a reduction of nonmethane hydrocarbon 
emissions through the substitution of emulsion-based asphalt for 
solvent-based asphalt thus providing the needed emission offset. This 
letter is an addendum to the Virginia SIP. The State-issued permit to 
HREC, as amended, is also made part of the Virginia SIP.
    (27) On January 11, 1979, the Governor submitted the nonattainment 
area plans for Virginia with respect to ozone and carbon monoxide.
    (28) The following portions of Virginia's September 6, September 21, 
and December 17, 1979, submittals are approved:
    (i) September 6, 1979, submittal: Section 2.33(g)(1)(vi) of the 
regulation.
    (ii) September 21, 1979, submittal, the following Sections of 
Virginia's regulations: Sections 4.57(b)(2)(ii); 4.55(f)(4)(i); 4.56(e); 
4.52(a); 2.03(a)(1); 2.33(f)(3); Part I of the regulations, the 
definitions of ``Delayed Compliance Order'' and ``Nonattainment Area;'' 
Sections 4.02(f)(1) through 4.02(f)(5); Appendix N; and those portions 
of Sections 4.54, 4.55 and 4.56 where the phrase ``will be considered 
acceptable compliance by the Board'' has been modified.
    (iii) December 17, 1979, submittal: Chapter 3, Control Strategy 
Demonstration, design value for Northern Virginia.
    (29) The following portions of Virginia's August 14, 1975, August 
31, 1977, and January 11, 1979, submittals as they relate to Section 
2.33 are approved:
    (i) August 14, 1975, submittal: Section 2.33 (b) and (i).
    (ii) August 31, 1977, submittal: Section 2.33(h).
    (iii) January 11, 1979, submittal: Section 2.33 (a), (c), (d), (e), 
(f), (g) and (k).
    (30) Amendments of Part I (Definitions), section 1.02; Part II 
(General Provisions). Sections 2.02 (a), (c), and (e) (former section 
2.11 (a), (b), and (d)), section 2.05(b), section 2.11; and Part IV 
(Regulations for Existing sources), sections 4.10, 4.11, and 4.13 
deletion of the following regulations from Part IV: Former sections 
4.03.02, 4.05.03, 4.05.04, 4.05.05(b), 4.10.03, 4.705.04, and 4.705.05 
submitted on August 14, 1975 by the Secretary of Commerce and Resources.
    (31) Amendments on Part I (Definitions), section 1.02; Part III 
(Ambient Air Quality Standards), section 3.02(c); Part IV (Special 
Provisions), section 4.02(a), (a)(1), (a)(2), (b), (c), and (d) 
(Formerly section 2.04) and section 4.03; and Part VII (Air Pollution 
Episode), sections 7.04 (a), (b), (d), and (e) submitted on October 20, 
1976 by the Secretary of Commerce and Resources.
    (32) Amendments of Part II, (General Provisions), section 2.02(b) 
submitted on March 11, 1977, by the Secretary of Commerce and Resources.
    (33) Amendments on Part II, (General Provisions), section 2.02(d) 
submitted on September 20, 1978, by the Secretary of Commerce and 
Resources.
    (34) Amendments to Part II (General Provisions), section 2.06 (b) 
and (c); and Part VII (Air Pollution Episode), section 7.03(d); and 
deletion of Part IV (Existing Sources), Rule EX-7, section 4.07.05 
submitted on August 14, 1975, by the Secretary of Commerce and 
Resources.
    (35) Amendments to Part I (Definitions), section 1.02; Part II 
(General Provisions), section 2.06 (a) and (d); Part III (Ambient Air 
Quality Standards), section 3.02 (a) and (b); Part IV (Existing 
Sources), sections 4.20, 4.21, 4.23 (formerly sections 4.41), 4.25, 
4.26, 4.27, and 4.51(a), Part VII (Air Pollution

[[Page 990]]

Episode), former section 4.51(b) through (g) are changed to section 4.51 
(c) through (h). Sections 7.01(b) and 7.02 (a), (b), and (d); and 
Appendix A; and, deletion of former sections 4.20, 4.21, and 4.22 
submitted on September 20, 1978 by the Secretary of Commerce and 
Resources.
    (36) Amendments to Part VII (Air Pollution Episode), sections 7.03 
(c) and (e) and 7.04(c); and deletion of Part II (General Provisions), 
section 2.04(a)(2) as submitted on March 11, 1977 by the Secretary of 
Commerce and Resources.
    (37) Amendments to Part I (Definitions), section 1.02; Part IV 
(Existing Sources), Rule EX-2, section 4.22; and Part VII (Air Pollution 
Episode), section 7.03 (a) and (b) as submitted on September 21, 1979 by 
the Secretary of Commerce and Resources.
    (38) A revision submitted by the Commonwealth of Virginia on March 
24, 1980 which is intended to establish an Ambient Air Quality 
Monitoring Network.
    (39) Amendments to Part I (Definitions), section 1.02; and Part IV 
(Emission Standards for Particulate Emissions from Fuel Burning 
Equipment, Rule EX-3), sections 4.30, 4.31 (except section 4.31(d)(3)) 
and 4.32 submitted on September 21, 1979.
    (40) A revision submitted by the Commonwealth of Virginia on January 
9, 1979 consisting of an amendment to the Virginia Regulations for the 
Control and Abatement of Air Pollution, Part IV, Rule EX-2, Emission 
Standards for Visible Emissions.
    (41) A revision submitted by the Commonwealth of Virginia on August 
13, 1979 consisting of a variance from Part IV, Rule EX-10, Sections 
4.100(a)(1), (2) and (3) for preparing cars for overseas shipment at the 
Exchange Service Station on the Naval Base in Norfolk, Virginia.
    (42) A variance issued to the Union Camp Corporation Particleboard 
Plant located at Franklin, Virginia exempting dryers 1FSD, 2FSD, and 
pre-dryer 3FSD from Part IV, Rule EX-4, Section 4.41(i) until December 
15, 1981, submitted on July 28, 1980 and amended on April 16, 1981 by 
the Virginia Secretary of Commerce and Resources.
    (43) The variance issued to the Norfolk Naval Shipyard located at 
Portsmouth, Virginia exempting the salvage fuel-fired boilers and the 
power plant boilers from Sections 4.22 and 4.31(a)(1) until July 31, 
1982, submitted on August 29, 1980 and amended on May 5, 1981 by the 
Secretary of Commerce and Resources.
    (44) A revision submitted by the Commonwealth of Virginia on June 
19, 1980 consists of a 1979 Amendment to the provisions of Section 10-
17.12 (Qualifications of members of Board) of the Virginia Air Pollution 
Control Law.
    (45) A revision submitted by the Commonwealth of Virginia on August 
19, 1980 consisting of amendments to Section 1.02, 4.10, 4.11, 4.12, 
4.13, and 4.102; and Appendix C of the Virginia Air Pollution Control 
Board Regulations.
    (46) The variance issued to the Municipal Incinerator on Oyster 
Point Road located at Newport News, Virginia exempting the incinerator 
from Section 4.71 until July 1, 1982, submitted on May 1, 1981 by the 
Secretary of Commerce and Resources.
    (47) Amendments to Chapter 1 of all nonattainment plans; amendments 
to Chapter 11 of the Richmond, Northern Virginia, Peninsula and 
Southeastern plans; amendments to Chapter 9 of the Roanoke and Stafford 
plans; addition of Appendices A and B to all plans; amendments to 
Chapter 3 of the Northern Virginia, Peninsula, Southeastern, Roanoke and 
Stafford plans; amendments to Chapter 10 of the Richmond, Peninsula and 
Southeastern plans; addition of Appendix C to the Northern Virginia 
Plan; and, certain revisions to Chapter 5 of all plans were submitted by 
the Secretary of Commerce and Resources on April 13, 1981. Revision of 
Chapter 10 of the Northern Virginia plan submitted on July 23, 1981.
    (48) The revisions submitted on December 17, 1979 by the Secretary 
of Commerce and Resources related to the ozone and carbon monoxide 
nonattainment area plans, except section 1.02, ``Vapor Tight'', sections 
4.54(h), 4.56(h), 4.55(m)(2), and 4.57(a)(5), Chapter 3 of the Roanoke 
plan, Chapter 6 of the Peninsula, Richmond, and Southeastern Virginia 
plans, and Appendix P.
    (49) The May 15, 1980 revision, as amended by the April 3, 1981 
revision, submitted by the Secretary of Commerce and Resources 
pertaining to

[[Page 991]]

Chapter 9 of the Richmond and Northern Virginia nonattainment plans. 
This submittal includes the State Statute authorizing an Inspection and 
Maintenance program and a schedule for the implementation of this 
program.
    (50) Amendments to Part II (General Provisions), Sections 2.33(a)(5) 
and 2.34(i) submitted on February 19, 1981, by the Secretary of Commerce 
and Resources.
    (51) Revisions to section 1.02 (Terms Defined) of Part I 
(Definitions) and Section 4.51(c)(2) of Part IV (Rule EX-5, Emission 
Standards for Gaseous Pollutants) were submitted by the Secretary of 
Commerce and Resources, Commonwealth of Virginia, on September 28, 1978.
    (52) A revision submitted by the Commonwealth of Virginia on October 
20, 1976 consisting of amendments to sections 2.34(a), 2.34(b), and 
2.34(h) of the Virginia Air Pollution Control Board Regulations.
    (53) A revision submitted by the Commonwealth of Virginia on 
September 20, 1978 consisting of amendments to Part I, Definitions, 
modification of ``Combustion Installation''; and sections 4.02(a)(2), 
4.02(e), and 4.21 of the Virginia Air Pollution Control Board 
Regulations.
    (54) A revision submitted by the Commonwealth of Virginia on 
September 6, 1979 consisting of amendments to Part I, Definitions; 
sections 2.33(a), 2.33(c), 2.33(d), 2.33(e), 2.33(h), 2.33(k), 2.33(m), 
3.05(a), 3.05(b), 3.05(c), 4.02(g) (2), (3), (4), (5), and (6), 4.23, 
4.40, 4.41, 4.90, 4.91, 4.92(b), 4.93(b), 7.01(b), 7.02(a), 7.02(b), 
7.02(d); and, Appendix C of the Virginia Air Pollution Control Board 
Regulations.
    (55) A revision submitted by the Commonwealth of Virginia on 
September 21, 1979 consisting of amendments to Part I, Definitions; 
sections 2.03(c), 2.03(e), 2.09(d), 2.09(f), 2.34(c), 2.34(d), 2.34(e), 
2.34(f), 2.34(g), 4.02(f) (7) through (10), 4.54(a), 4.54(b), 4.54(c), 
4.54(e), 4.54(f), 4.54(g), 4.55(a), 4.56(a), 4.56(c), 4.56(d), 4.56(f), 
4.56(g), 4.57(a), 4.57(b); and Appendix M of the Virginia Air Pollution 
Control Board Regulations.
    (56) The variance issued to the Southside Mental Health and Mental 
Retardation Support Unit located in Petersburg, Virginia exempting the 
facility from Sections 4.22 and 4.31(a)(1)(ii) until June 30, 1982. It 
was submitted on May 28, 1981 and amended on August 5, 1981.
    (57) A revision submitted by the Commonwealth of Virginia on October 
20, 1976 consisting of the addition of Sections 1.02, (Definition of 
Continuous Emission Monitoring); 4.04 (a) through (f); 4.05 (a) through 
(e); and Appendix J, except for Part II, Sections a.2. and d.2.
    (58) A revision submitted by the Commonwealth of Virginia on 
September 20, 1978 consisting of amendments to Sections 4.04 (a)(1) and 
(b); 4.04(e); Appendix J; and, the addition of Sections 4.24 (a), (b) 
and (c).
    (59) Amendments to sections 1.02, 4.56(f)(3), and Appendix M as 
submitted on April 13, 1981 by the Secretary of Commerce and Resources.
    (60) Revisions submitted on February 16, 1981, except the compliance 
schedules contained in Chapter 7, by the Secretary of Commerce and 
Resources related to the ozone and carbon monoxide nonattainment plan 
for the Richmond area.
    (61) Amendments to Part III, Ambient Air Quality Standards, Section 
3.08, Lead, submitted on December 30, 1980 by the Secretary of Commerce 
and Resources.
    (62) A variance issued to the U.S. Marine Corps Quantico Base 
Central Heating Plant located in Prince William County, Virginia, 
exempting their boilers from Rules EX-2 and EX-3 until October 31, 1984, 
submitted on November 5, 1980, revised on December 16, 1981 and further 
revised December 1, 1983 by the Commonwealth of Virginia.
    (63) [Reserved]
    (64) Amendments to Part V, sections 5.01, 5.13, and 5.17 as 
submitted on August 14, 1975 by the Secretary of Commerce and Resources.
    (65) Amendments to Part V, sections 5.02 (b) through (d), 5.03, 5.04 
(b) through (d) and (f), and 5.05 as submitted on October 20, 1976 by 
the Secretary of Commerce and Resources.
    (66) Amendments to Part V, sections 5.02 (a) and (e), 5.04 (a) and 
(e), 5.10, 5.14, 5.15, and 5.16 as submitted September 20, 1978 by the 
Secretary of Commerce and Resources.
    (67) Amendments to Part V, sections 5.40 and 5.45 as submitted on 
September

[[Page 992]]

6, 1979 by the Secretary of Commerce and Resources.
    (68) Amendment to Part V, section 5.12 as submitted on September 21, 
1979 by the Secretary of Commerce and Resources.
    (69) Amendments to Part I, section 1.02, Part II, sections 2.31, 
2.33 (a) through (e), (g), (k), and (m), Part IV, Rule EX-4, section 
4.41(b)(4), Part V, Rule NS-4, sections 5.42, 5.43, and 5.44, Part VIII, 
section 8.02 and Appendix L as submitted August 18, 1981 by the 
Secretary of Commerce and Resources.
    (70) Revisions submitted on July 13, 1981 and August 10, 1981, 
pertaining to the Inspection and Maintenance Program in the Northern 
Virginia AQCR, by the Secretary of Commerce and Resources.
    (71) Amendments to Part IV, Emission Standards for Open Burning 
(RULE EX-1), Section 4.11 to the Virginia Regulations for the Control 
and Abatement of Air Pollution, submitted on May 26, 1982 by the 
Commonwealth of Virginia.
    (72) [Reserved]
    (73) A revision submitted by the Commonwealth of Virginia on 
December 17, 1979 consisting of revisions to Chapter 3 of the Roanoke 
Plan and a revised Appendix P.
    (74) Amendments to sections 1.02; 2.04(a); 2.14; 2.32(c); 2.33(j); 
2.34(g); 4.02 (f) and (g); 4.54; 4.55; 4.56; 4.57; 4.94; 5.02(f); 
8.02(o); and Appendix J, Part II, sections a.2. and d.2; submitted on 
December 27, 1982 by the Commonwealth of Virginia.
    (75) Amendments to sections 4.56, 5.02(a), and 5.15; submitted on 
January 5, 1983 by the Commonwealth of Virginia.
    (76) Amendments to section 4.51(b) of the Virginia Air Pollution 
Control Board Regulations submitted on September 20, 1978 by the 
Commonwealth of Virginia.
    (77) [Reserved]
    (78) The Washington Metropolitan Air Quality Plan for the Northern 
Virginia Nonattainment Area for Ozone and Carbon Monoxide Air Quality 
Standards submitted by the Virginia State Air Pollution Control Board on 
January 12, 1983.
    (79) Amendments to Appendix I of the Virginia Regulations for the 
Control and Abatement of Air Pollution consisting of confirmation of 
local government commitments by Fairfax County and Loudoun County to 
implement the Northern Virginia nonattainment plan; submitted on 
December 3, 1982 by the Virginia State Air Pollution Control Board.
    (80) [Reserved]
    (81) Amendments to sections 1.02, 2.33, 4.02, and 5.02 of the 
Virginia Regulations for the Control and Abatement of Air Pollution 
submitted on January 24, 1983 by the Virginia State Air Pollution 
Control Board.
    (82) Amendment for an alternate compliance schedule for the Ford 
Motor Company plant in Norfolk, Virginia submitted on December 30, 1982 
by the Virginia State Air Pollution Control Board.
    (83) Approval of an alternative emissions reduction plan for total 
suspended particulates at the Reynolds Aluminum Company's Bellwood 
reclamation facility located in Chesterfield County, Virginia submitted 
on April 1, 1983 by the Commonwealth of Virginia.
    (84) A variance issued to the City of Portsmouth, exempting their 
Municipal Incinerator from Rule EX-7, section 4.71 for particulate 
emissions until February 15, 1985, submitted on May 6, 1983 by the 
Commonwealth of Virginia.
    (85) Amendments to the Department of State Police Administrative and 
Procedural Regulations for the Motor Vehicle Inspection and Maintenance 
(I/M) Program submitted on December 29, 1982 by the Virginia State Air 
Pollution Control Board.
    (86) Amendments to section 4.103 of the Virginia Regulations for the 
Control and Abatement of Air Pollution submitted on June 5, 1984 by the 
Virginia State Air Pollution Control Board.
    (87) A revision to the Virginia State Implementation Plan was 
submitted on December 17, 1984 by the Virginia State Air Pollution 
Control Board.
    (i) Incorporation by reference.
    (A) A letter dated November 29, 1984 from the Virginia State Air 
Pollution Control Board to the Ford Motor Company containing a 
compliance schedule for installing the electrophoretic deposition 
process (EDP) for prime coating

[[Page 993]]

operations at the Norfolk assembly plant, adopted on November 26, 1984.
    (ii) Additional material.
    (A) Technical Support Document dated November 26, 1985, prepared by 
the Virginia State Air Pollution Control Board.
    (88) The repeal of Sec. 52.2420(c)(26) pertaining to a permit and 
emission offset for the Hampton Roads Energy Company's proposed refinery 
and terminal in Portsmouth, Virgina.
    (89) Revisions to the Virginia Regulations for the Control and 
Abatement of Air Pollution were submitted on February 15, 1985 by the 
Commonwealth of Virginia:
    (i) Incorporation by reference.
    (A) Letter of February 15, 1985 from the Virginia State Air 
Pollution Control Board transmitting a recodification and restructuring 
of the Virginia Regulations for the Control and Abatement of Air 
Pollution.
    (B) The following provisions of the Virginia regulations, effective 
February 1, 1985:
(1) Part I General Definitions
    Sections 120-01-01, 120-01-02 (former sections 1.01, 1.02) (except 
for definitions of ``dispersion technique,'' ``excessive 
concentrations,'' ``good engineering practice (GEP) stack height,'' 
``hazardous air pollutant,'' ``nearby,'' ``stationary source'' and 
``variance'').
(2) Part II General Provisions
    Sections 120-02-01 through 120-02-04 (former sections 2.01-2.04); 
120-02-05A (former section 2.05A); 120-02-06 through 120-02-07 (former 
sections 2.06-2.07) 120-02-11, 120-02-14 (former sections 2.11, 2.14); 
120-02-31, 120-02-32, and 120-02-34 (former sections 2.31, 2.32, 2.34).

    Note: SIP Sections 2.09, 2.10, 2.12, and 2.30 have been redesignated 
as Sections 120-02-09, 120-02-10, 120-02-12, and 120-02-30 respectively. 
There are no wording changes. SIP Section 2.33 has been moved to Part 
VIII.

(3) Part III Ambient Air Quality Standards

    Sections 120-03-01 through 120-03-05 (former sections 3.01-3.05), 
120-03-07, 120-03-08 (former Sections 3.07-3.08)

(4) Part IV Emission Standards From Existing Sources

Sections 120-04-01 through 120-04-05 (except for sections 120-04-02.A.3. 
and 120-04-02I).
Rule 4-4, Sections 120-04-0401, 120-04-0402.A.-C. (definitions of ``heat 
input'' and ``rated capacity'' only), 120-04-0407, 120-04-0408, 120-04-
0411 through 120-04-0417.
Rules 4-5, 4-6, 4-23, and 4-38 (except for sections within each rule 
pertaining to control of odors and noncriteria pollutants).
Rule 4-7 (except for sections 120-04-0706 through 120-04-0708).
Rule 4-8, Sections 120-04-0801, 120-04-0802.A.-C. (except for 
definitions of ``fuel burning equipment,'' ``fuel burning equipment 
installation,'' ``refuse derived fuel'' and ``total capacity''), 120-04-
0805A. and B., 120-04-0807A., 120-04-0808, 120-04-0811 through 120-04-
0817.
Rule 4-9, Sections 120-04-0901, 120-04-0902, 120-04-0909, 120-04-0910 
(except for 120-04-0910.B.2.), 120-04-0911 through 120-04-0915.
Rule 4-10 (except for sections 120-04-1002.C., 120-04-1003, 120-04-1006, 
120-04-1007).
Rule 4-11 (except for sections 120-04-1104, 120-04-1110, 120-04-1111, 
and the definition of ``gasoline'' in section 120-04-1102.C.).
Rule 4-12, Sections 120-04-1201, 120-04-1202.A.-C. (definition of 
``chemical fertilizer'' only), 120-04-1204, 120-04-1205, 120-04-1208 
through 120-04-120-04-1414.
Rule 4-13, Sections 120-04-1301, 120-04-1302.A. and B., 120-04-1305, 
120-04-1306, 120-04-1309 through 120-04-1315.
Rule 4-14, Sections 120-04-1401, 120-04-1402.A. and B., 120-04-1404, 
120-04-1405, 120-04-1408 through 120-04-1414.
Rule 4-15, Sections 120-04-1501, 120-04-1502.A. and B., 120-04-1504, 
120-04-1505, 120-04-1508 through 120-04-1514.
Rule 4-16, Sections 120-04-1601, 120-04-1602.A. and B., 120-04-1605, 
120-04-1606, 120-04-1609 through 120-04-1615.
Rule 4-17, Sections 120-04-1701, 120-04-1702.A. and B., 120-04-1704, 
120-04-1705, 120-04-1708 through 120-04-1714.
Rule 4-18, Sections 120-04-1801, 120-04-1802.A.-C. (definition of ``melt 
time'' only), 120-04-1805, 120-04-1806, 120-04-1809 through 120-04-1815.
Rule 4-19, Sections 120-04-1901, 120-04-1902.A. and B., 120-04-1905, 
120-04-1906, 1204-04-1909 through 120-04-1915.
Rule 4-20, Sections 120-04-2001, 120-04-2002.A.-C. (definition of 
``production rate'' only), 120-04-2004, 120-04-2005, 120-04-2008 through 
120-04-2014.
Rule 4-21, Sections 120-04-2101, 120-04-2102.A. and B., 120-04-2105, 
120-04-2106, 120-04-2109 through 120-04-2115.
Rule 4-22 (except for sections 120-04-2203, 120-04-2206 and 120-04-
2207).
Rule 4-24 (except for sections 120-04-2401.C., 120-04-2407, and 120-04-
2408).
Rule 4-25 (except for sections 120-04-2501.C., 120-04-2507, and 120-04-
2508).
Rule 4-26 (except for sections 120-04-2601.C., 120-04-2607, 120-04-2608, 
and 120-04-2609.B.).
Rule 4-27 (except for sections 120-04-2701.C., 120-04-2707, 120-04-2708, 
and 120-04-2709.B.).
Rule 4-28 (except for sections 120-04-2801.C., 120-04-2807, 120-04-2808, 
and 120-04-2809.B.).

[[Page 994]]

Rule 4-29 (except for sections 120-04-2901.C., 120-04-2907, 120-04-2908, 
and 120-04-2909.B.).
Rule 4-30 (except for sections 120-04-3001.C., 120-04-3007, 120-04-3008, 
and 120-04-3009.B.).
Rule 4-31 (except for sections 120-04-3101.C., 120-04-3107, 120-40-3108, 
and 120-04-2609.B.).
Rule 4-32 (except for sections 120-04-3201.C., 120-04-3207, 120-04-3208, 
and 120-04-3209.B.).
Rule 4-33 (except for sections 120-04-3301.C., 120-04-3307, 120-04-3308, 
and 120-04-3309.B.).
Rule 4-34 (except for sections 120-04-3401.C., 120-04-3407, 120-04-3408, 
and 120-04-3409.B.).
Rule 4-35 (except for sections 120-04-3501.C., 120-04-3507, 120-04-3508, 
and 120-04-3509.B.).
Rule 4-36 (except for sections 120-04-3601.C., 120-04-3607, 120-04-3608, 
and 120-04-3609.B.).
Rule 4-37 (except for sections 120-04-3703.D.3.b., 120-04-3707, and 120-
04-3708).
Rule 4-39 (except for sections 120-04-3906 and 120-04-3507).
Rule 4-40, Sections 120-04-4001.A. and B., 120-04-4002.A., B., C. 
(definitions of ``refuse'' and ``household refuse'' only).
Rule 4-41, Sections 120-04-4101, 120-04-4102, 120-04-4103.C., 120-04-
4104, and 120-04-4105.

                          Deletion of Rule EX-8

    Note: (1) All sections within each rule pertaining to control odors 
and noncriteria pollutants are not part of the SIP.
    (2) Emission standards for hydrogen sulfide (sections 120-04-0406, 
120-04-1105), total reduced sulfur (section 120-04-1304), and sulfuric 
acid mist (section 120-04-2104) are currently not part of the SIP.
    (3) Section 120-04-3703D.3.b. (former section 4.56(e)(3)(ii)) 
pertaining to monthly throughput exemptions for gasoline bulk plants is 
not an approved part of the SIP.
(5) Part V Emission Standards for New and Modified Sources
Sections 120-05-01 through 120-05-05 (except for section 120-05-02.H.).
Rule 5-1, Sections 120-05-0101, 120-05-0102.A., B., C. (definition of 
``opacity'' only), 120-05-0104 through 120-05-0107.
Rule 5-4 (except for sections 120-05-0408 and 120-05-0409).

    Note: All sections within each rule pertaining to odors and 
noncriteria pollutants are not part of the SIP.
(6) Part VII Air Pollution Episodes
Sections 120-07-01, 120-07-02 (added).
Sections 120-07-03 through 120-07-07 (revised) (former Sections 7.01-
7.05).
(7) Part VIII Permits for New and Modified Sources
    Section 120-08-01.A., B. (except for definitions of ``allowable 
emissions,'' ``potential to emit,'' ``secondary emissions,'' and 
``stationary source''), C. (except for C.1.b.), D. through G., and I. 
through M. (former section 2.33).
    Section 120-08-03.A., B. (except for definitions of ``allowable 
emissions,'' ``building, structure, or facility,'' ``net emissions 
increase,'' ``potential to emit,'' ``secondary emissions,'' and 
``stationary source''), C. through G. (except for F.1.), and I. through 
P. (former section 8.02).

    Note: Sections pertaining to sources of hazardous pollutants 
(sections 120-08-01C.1.b., 120-08-01H.2., 120-08-03C.1.b., and 120-08-
03H.2) are not part of the SIP.
(8) Appendices
A, D, F, G, J, K, N, P (Revised)
New E (Added)
B, H--No Change
Old E--Deleted

    (ii) Additional material.
    (A) Remainder of February 15, 1985 State submittal.
    (B) Letter with attachments from the Virginia State Air Pollution 
Control Board (VSAPCB) to U.S. EPA Region III; June 21, 1985.
    (C) Letter from VSAPCB to U.S. EPA Region III; September 5, 1985.
    (D) Letter with attachments VSAPCB to U.S. EPA Region III; August 7, 
1986.
    (90) Revisions to the State Implementation Plan submitted by the 
Virginia Department of Air Pollution Control on February 14, 1985.
    (i) Incorporation by reference.
    (A) Letter from the Virginia Department of Air Pollution Control 
dated February 14, 1985 submitting a revision to the Virginia State 
Implementation Plan.
    (B) The following provisions of the Virginia regulations, effective 
February 1, 1985:
(1) Part IV--Emission Standards From Existing Sources
    ``Rule 4-1, sections 120-04-0101 through 120-04-0107; deletion of 
the definitions of ``fumes'' and ``mist''.
    Rule 4-4, sections 120-04-0402.C. (definitions of ``combustion 
installation,'' ``combustion unit,'' ``manufacturing operation,'' 
``materials handling equipment,'' ``physically connected,'' ``process 
operation,'' ``process unit,'' ``process weight,'' ``process weight 
rate,'' and ``total capacity'' only), 120-04-0403, 120-04-0404.
    Rule 4-7, sections 120-04-0702.C., 120-04-0703, 120-04-0708.
    Rule 4-8, sections 120-04-0802.C. (definitions of ``fuel burning 
equipment,'' ``fuel burning equipment installation,'' ``refuse derived 
fuel,'' and ``total capacity'' only), 120-04-0803, 120-04-0804, 120-04-
0805, 120-04-0807B, Figures 4-8A, 4-8B.
    Rule 4-9, section 120-04-0903.C.

[[Page 995]]

    Rule 4-10, sections 120-04-1002.C., 120-04-1003.
    Rule 4-12, sections 120-04-1202.C. (definitions of ``manufacturing 
operation,'' ``materials handling equipment,'' ``physically connected,'' 
``process operation,'' ``process unit,'' ``process weight,'' and 
``process weight rate'' only), 120-04-1203.
    Rule 4-13, sections 120-04-1302.C. (definitions of ``cross recovery 
furnace,'' ``kraft pulp mill,'' ``lime kiln,'' ``recovery furnace,'' 
``smelt dissolving tank,'' and ``straight kraft recovery furnace'' 
only), 120-04-1303, 120-04-1305.
    Rule 4-14, sections 120-04-1402.C., 120-04-1403.
    Rule 4-15, sections 120-04-1502.C. (except for definition of ``coal 
preparation plant''), 120-04-1503; deletion of the definition ``air 
table.''
    Rule 4-16, sections 120-04-1602.C., 1120-04-1603.
    Rule 4-17, sections 120-04-1702.C., 120-04-1703.
    Rule 4-18, sections 120-04-1802.C. (definitions of ``aluminum 
production operation,'' ``brass or bronze,'' ``brass or bronze 
production,'' ``ferroalloy production operation,'' ``gray iron foundry 
operation,'' ``lead,'' ``magnesium product operation,'' ``primary copper 
smelter,'' ``primary lead smelter,'' ``primary metal operation,'' 
``primary zinc smelter,'' ``secondary lead production operation,'' 
``secondary metal operation,'' ``steel foundry operation,'' and ``zinc 
processing operation'' only), 120-04-1803.
    Rule 4-19, sections 120-04-1902.C., 120-04-1903.
    Rule 4-20, sections 120-04-2002.C., 120-04-2003.
(2) Part V--Emission Standards for New and Modified Sources
    Rule 5-1, sections 120-05-0102.C. (definitions of ``fugitive dust,'' 
``fugitive emissions,'' and ``six minute period'' only), 120-05-0103, 
120-05-0104.
(3) Appendix Q
    (ii) Additional materials.
    (A) Remainder of the February 14, 1985 submittal.
    (B) Letters of June 21, 1985 and September 5, 1985 from the Virginia 
State Air Pollution Control Board to EPA.
    (91) Revisions to the State Implementation Plan for the good 
engineering practice (GEP) stack height requirements submitted on May 
12, 1986 by the Virginia State Air Pollution Control Board:
    (i) Incorporation by reference.
    (A) Letter of May 12, 1986 from the Executive Director, Virginia 
State Air Pollution Control Board, transmitting the revised good 
engineering practice (GEP) stack heights requirements.
    (B) Revised Regulations 120-01-02 (Revised definitions of dispersion 
technique, elevated terrain, Excessive Concentrations, GEP Stack Height, 
Nearby, Stack, Stack in Existence), 120-04-02I, and 120-04-02H of the 
Virginia Regulations for the Control and Abatement of Air Pollution, 
adopted April 7, 1986, and effective June 6, 1986.
    (C) Deletion of the following definitions from Regulation 120-01-02: 
Elevated Terrain, Plume Impaction
    (ii) Additional material.
    (A) Remainder of the official State submittal, transmitted on May 
16, 1986.
    (92) Revisions to the State Implementation Plan submitted by the 
Virginia Department of Air Pollution Control regarding non-CTG RACT 
requirements for aluminum rolling mills applicable to Reynolds Metals in 
Richmond, Virginia on December 17, 1987.
    (i) Incorporation by reference.
    (A) Letter from the Virginia Department of Air Pollution Control 
dated December 17, 1987 submitting a revision to the Virginia State 
Implementation Plan.
    (B) Consent Agreement and Order (DSE-597-87) between the Virginia 
State Air Pollution Control Board and Reynolds Metals Company dated 
December 21, 1987 and effective May 1, 1988.
    (ii) Additional materials.
    (A) Letter dated May 4, 1988 from James E. Sydnor, Assistant 
Executive Director, Programs, VASAPCB to Jesse Baskerville, EPA Region 
III responding to EPA's comments submitted for the public hearing on 
November 9, 1987 regarding the Reynolds RACT determination.
    (B) Technical Support Document prepared by Reynolds Metals Company, 
dated September 30, 1987.
    (93) Revisions to the State Implementation Plan submitted by the 
Virginia Department of Air Pollution Control on March 26, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Virginia Department of Air Pollution Control 
dated March 26, 1991 submitting a revision to the Virginia State 
Implementation Plan.
    (B) Agreement between the State Air Pollution Control Board of the 
Commonwealth of Virginia and the Aqualon

[[Page 996]]

Company (Source Registration No. 50363) reducing allowable emissions of 
sulfur dioxide, dated September 24, 1990 and September 26, 1990.
    (ii) Additional materials.
    (A) Remainder of the State Implementation Plan revision request 
submitted by the Virginia Department of Air Pollution Control on March 
26, 1991.
    (94) Addition of Section 120-08-04 (Permits--operating) to Part VIII 
of the Virginia Regulations for the Control and Abatement of Air 
Pollution submitted on July 18, 1991 by the Virginia Department of Air 
Pollution Control:
    (i) Incorporation by reference.
    (A) Letter of July 18, 1991 from the Virginia Department of Air 
Pollution Control transmitting a revision to the Virginia State 
Implementation Plan.
    (B) Regulation 120-08-04 (Permits--operating) of Part VIII, Virginia 
Regulations for the Control and Abatement of Air Pollution, effective 
July 1, 1991.
    (ii) Additional material.
    (A) Remainder of July 18, 1991 State submittal.
    (95) Revisions to the State Implementation Plan submitted by the 
Virginia Department of Air Pollution Control on April 29, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Virginia Department of Air Pollution Control 
dated April 29, submitting a revision to the Virginia State 
Implementation Plan.
    (B) Consent Agreement and Order No. DTE-179-91 between Nabisco 
Brands, Inc. and the Virginia State Air Pollution Control Board, 
effective on April 24, 1991.
    (ii) Additional materials.
    (A) Technical Support Document for the RACT Determination for 
Nabisco Brands, Inc., Henrico County, VA; Consent Agreement and Order 
No. DTE-179-91.
    (96) Revisions to the State Implementation Plan submitted by the 
Virginia Department of Air Pollution Control on December 16, 1991.
    (i) Incorporation by reference. (A) Letter from the Virginia 
Department of Air Pollution Control dated December 6, 1991 submitting a 
revision to the Virginia State Implementation Plan.
    (B) Agreement between the State Air Pollution Control Board of the 
Commonwealth of Virginia and Burlington Industries (Source Registration 
No. 30401) reducing allowable emissions of sulfur dioxide, dated 
November 19, 1991.
    (ii) Additional materials. (A) Remainder of the State Implementation 
Plan revision request submitted by the Virginia Department of Air 
Pollution Control on December 16, 1991.
    (97) Revision to the State Implementation Plan submitted by the 
Virginia Department of Air Pollution Control on September 28, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Virginia Department of Air Pollution Control 
dated September 28, 1989 submitting a revision to the Virginia State 
Implementation Plan.
    (B) ``Regulation for the Control of Motor Vehicle Emissions'' (VR 
120-99-01), as published in The Virginia Register of Regulations 
(Monday, July 31, 1989--Volume 5, Issue 22), with an effective date of 
October 1, 1989.
    (C) ``Regulation for Vehicle Emission Control Program Analyzer 
Systems'' (VR 120-99-02), as published in The Virginia Register of 
Regulations (Monday, November 21, 1988--Volume 5, Issue 4), with an 
effective date of January 1, 1989.
    (ii) Additional materials.
    (A) The remainder of the State submittal.
    (98) Revisions to the State Implementation Plan submitted by the 
Virginia Department of Air Pollution Control on February 14, 1985.
    (i) Incorporation by reference.
    (A) Letter from the Commonwealth of Virginia dated February 14, 
1985, submitting a revision to the Virginia State Implementation Plan.
    (B) The following provisions of the Virginia Regulations for the 
Control and Abatement of Air Pollution, effective February 1, 1985:

(1) Part I General Definitions.
    Section 120-01-02 (Definition of ``variance'').
(2) Part IV Emission Standards from Existing Sources.
    Rule 4-4, Section 120-04-0405.
    Rule 4-8, Section 120-04-0806.
    Rule 4-9, Section 120-04-0904.
    Rule 4-11, Section 120-04-1104.

[[Page 997]]

    Rule 4-15, Section 120-04-1503C. (Definition of ``coal preparation 
plant'')
    Rule 4-16, Section 120-04-1604.
    Rule 4-18, Section 120-04-1804.
    Rule 4-19, Section 120-04-1904.
    Rule 4-21, Sections 120-04-2102C. (Definition of ``sulfuric acid 
production unit'') and 120-04-2103.
    Rule 4-22, Section 120-04-2203.

    Deletion of Section 4.50 of the Virginia Regulations for the Control 
and Abatement of Air Pollution in effect before February 1, 1985.
    (ii) Additional material.
    (A) Remainder of the February 14, 1985, State submittal pertaining 
to: The revised definitions of ``variance,'' ``coal preparation plant,'' 
and ``sulfuric acid production unit''; and Virginia's revised sulfur 
dioxide provisions.
    (B) Letter dated July 14, 1986, from the Virginia State Air 
Pollution Control Board to EPA.
    (99) Revisions to the Commonwealth of Virginia Regulations Volatile 
organic compound (VOC) RACT Fix-up regulations submitted on May 10, 
1991, by the Department of Environmental Quality formerly the Virginia 
Department of Air Pollution Control: Effective date July 1, 1991.
    (i) Incorporation by reference.
    (A) Letter of May 10, 1991, from the Department of Environmental 
Quality transmitting VOC RACT Fix-up regulations.
    (B) The following Commonwealth of Virginia regulations effective 
July 1, 1991:

    (1) Part I; section 120-01-02 (revised definition of ``actual 
emissions rate'', ``department'', ``emissions unit'', ``volatile organic 
compound'')
    (2) Part II sections:

120-02-08 A., B.
120-02-34 C., J.

    (3) Part IV sections:

120-04-01 B., C.
120-04-02 C., D., F., H.
120-04-03 A.
120-04-04 F.
120-04-05 E., F., G.

    Rule 4-4 sections:

120-04-0402 (definition of ``combustion unit'', ``manufacturing 
operation'', ``reasonably available control technology'')
120-04-0407 A., B., C.
sections 120-04-0407 through 120-04-0408 have been renumbered to 120-04-
0408 through 120-04-0409; sections 120-04-0411 through 120-04-0416 have 
been renumbered to 120-04-0412 through 120-04-0417, section 120-04-0417 
has been renumbered to 120-04-0418.

    Rule 4-5 sections:

120-05-0501 B.
120-05-0503 A.1., B.1., C.1., C.2., D.1.
120-05-0504 A.2., B.4., B.5., C.4., D.1.e.

    Rule 4-6 sections:

120-04-0601 B.
120-04-0603 A.1., B.1.,C.1., D.1.
120-04-0604 A.2., A.3., B.3., B.4.

    Rule 4-11 sections:

120-04-1102 (revised definition of ``condensate crude oil'')
120-04-1106 A.1., B.1., C.1., C.2., D.
120-04-1107 B.3.

    Rule 4-24 sections:

120-04-2401 A., B., C (deleted)
120-04-2403 A.1., B.1., C.1.
120-04-2404 A.1.a.3., B.1.c.5., C.1.e.5.

    Rule 4-25 sections:

120-04-2501 A., B., C.
120-04-2503 A.1., A.3., B.1., B.3., B.4., C.1., C.3.
120-04-2504 A.2., B.1.b., C.1.b.

    Rule 4-26 sections:

120-04-2601 C. (deleted)
D. (replaces previous C.)
120-04-2602 (new definition for ``coating application system'', and 
``oven'')
120-04-2603 A. (introduction revised), A.1., B. (introduction revised), 
B.1., D.
120-04-2604 A.6., A.7., B.5., B.6.
120-04-2609 B., C.

    Rule 4-27 sections:

120-04-2701 A., B., C. (deleted),
D. (renumbered C.)
120-04-2702 C. (added definitions for ``coating application system''; 
deleted definition for ``coating line''; modified definition for 
``oven'')
120-04-2703 A., C.
120-04-2704 (introduction revised), C., D.
120-04-2709 B., C.

    Rule 4-28 sections:

120-04-2801 A., B., C. (deleted), D. (renumbered C.)
120-04-2802 C. (added definition for ``anti-chip coating'', ``clear 
coating'', ``coating application system'', ``electrocoat primer'', 
``extreme environmental conditions'', ``extreme performance coatings'', 
``guidecoat'', ``topcoat'', modified definitions for: ``automobile'', 
``light-duty truck'' and deleted definition for ``coating line''

[[Page 998]]

120-04-2803 A.1., B. (added in its entirety), C., D., E., F., and G. 
(formerly B., C., D., E., F., now revised/renumbered).
120-04-2804 A., A.5., A.6., B. (added), C., D., E., (formerly B., C., 
D., have been revised/renumbered).
120-04-2809 B., C.

    Rule 4-29 sections:

120-04-2901 A., B., C. (deleted), D. (renumbered/revised to C.)
120-04-2902 C., (deleted definition of ``coating line'', addition of 
definition for ``coating application system'', definition modified 
``oven'')
120-04-2903 A.1., B.1., C.1., D.1., E.
120-04-2904 A. (introduction revised), A.5., A.6., B. (introduction 
revised). B.5., B.6., C. (introduction revised), C.4., D.
120-04-2909 B., C.

    Rule 4-30 sections:

120-04-3001 A., B., C. (revised) and D. (deleted), C.2.,
120-04-3002 C. (deleted definition of ``coating line'', added definition 
of ``coating application system'', modified definition of ``oven'')
120-04-3003 A., C.
120-04-3004 (introduction revised), D., E.
120-04-3009 B., C.

    Rule 4-31 sections:

120-04-3101 A., B., C. (deleted), D. (revised/renumbered C.)
120-04-3102 C. (deleted definition of ``coating line''; added definition 
of ``coating application system''; modified definition of ``oven'', and 
``fabric coating'').
120-04-3103 A., D., E. (added)
120-04-3104 (introduction revised), F.
120-04-3109 B., C. (added)

    Rule 4-32 sections:

120-04-3201 A., B., C. (deleted), D. (revised/renumbered C.)
120-04-3202 C. (deleted definitions for ``coating line''; added 
definition of ``coating application system''; modified definition of 
``oven''.)
120-04-3203 A., C.
120-04-3204 (introduction revised), D., E.
120-04-3209 B., C. (added)

    Rule 4-33 sections:

120-04-3301 A., B., C. (deleted), D. (renumbered/revised C.)
120-04-3302 C. (deleted definitions of ``coating line''; added 
definition of ``coating application system''; modified definition of 
``oven''.)
120-04-3303 A., C. (added)
120-04-3304 (introduction revised), F., G.
120-04-3309 B., C. (added)

    Rule 4-34 sections:

120-04-3401 B., C., D.1.b., D.4.
120-04-3402 (modified definitions of ``coating application system'', 
``clear coating'', extreme performance coatings'', and ``oven''), G.
120-04-3403 D. (added)
120-04-3404 (introduction revised) F., G.
120-04-3409 B., C. (added)

    Rule 4-35 sections:

120-04-3501 A., B., C. (deleted), D. (revised/renumbered as C.)
120-04-3502 (modified definitions of ``coating application system'' and 
``oven''.)
120-04-3503 D. (added)
120-04-3504 (introduction revised), F., G.
120-04-3509 B., C.

    Rule 4-36 sections:

120-04-3601 B., C., D.1.b., D.2. (deleted), D.3. (revised/renumbered 
D.2.)
120-04-3602 C. (added definitions for ``high-solids ink'', ``low-solvent 
ink'', ``printing process'', modified definition of ``publication 
rotogravure printing'' and ``waterborne inks.'')
120-04-3603 (the following were deleted: A., B., C.), A. (new/revised), 
B. (formerly D., modified), C. (formerly E. was modified)
120-04-3604 deleted
120-04-3609 B.

    Rule 4-37 sections:

120-04-3701 A., B.
120-04-3702 (modified definitions of ``crude oil'' and ``custody 
transfer''.)
120-04-3703 A.1., A.3., A.4. (added), B.1., D.3., E.1., E.3.a. through 
E.3.d. was revised to E.3.a. through E.3.b.; revisions were made to the 
following: F.1., F.3., F.8., F.10., F.11., F.16. (deleted)
120-04-3704 A.1.b., B.1.b., C.1.d., D.1.c., E.2.c.

    Rule 4-38 section:

120-04-3801 B.

    Rule 4-39 section:

120-04-3901 B.

    (4) Part V sections:

120-05-01 the following were added: C. and D.
120-05-02 the following were revised: C., D., F.; G. (deleted)
120-05-03 A.
120-05-04 A. and F. were revised.
120-05-05 the following were added: E. and F. H. (formerly F. 
renumbered)

    (5) Part VII sections:

120-07-01
120-07-02 C. (modified definition of ``air pollution episode'')
120-07-04 B.1., B.1.b., B.2.a., B.3.a., B.4.a., B.5.a.

    (6) Appendix K
    (7) Appendix N
    (8) Appendix P

[[Page 999]]

    (9) Appendix R I., II.B., II.D., II.E., II.F., II.G., II.H., II.I., 
II.J., II.K., II.L., II.M., II.N., II.O., II.P., III.V. (deleted), VI., 
VIII.
    (10) Appendix S (revised and renamed in its entirety to include 
other appendices)
    (11) Appendix T (deleted in its entirety and revised to be included 
in new appendix S.)

    (ii) Additional material.
    (A) Remainder of May 10, 1991, Commonwealth's submittal.
    (100) Revisions to the Commonwealth of Virginia Regulations 
Oxygenated Gasoline Program regulations submitted on November 1, 1993, 
by the Department of Environmental Quality, formerly the Virginia 
Department of Air Pollution Control: Effective date November 1, 1993.
    (i) Incorporation by reference.
    (A) Letter of November 1, 1993, from the Department of Environmental 
Quality transmitting Oxygenated Gasoline Program regulations.
    (B) Addition of VR 115-04-28 Regulation Governing the Oxygenation of 
Gasoline.
    (ii) Additional materials.
    (A) Remainder of November 13, 1992, and November 1, 1993, State 
submittals.
    (101) Revisions to the Virginia regulation for the control of 
volatile organic compounds emitted from petroleum liquid storage and 
transfer operations, primarily related to the addition of Stage II vapor 
recovery equipment on gasoline refueling equipment, as submitted on 
November 5, 1992 by the Virginia Department of Air Pollution Control 
(now the Virginia Department of Environmental Quality).
    (i) Incorporation by reference.
    (A) Letter of November 5, 1992, from the Virginia Department of Air 
Pollution Control requesting approval of revisions to the Commonwealth's 
State Implementation Plan's requirements for volatile organic compounds 
from petroleum liquid storage and transfer operations, primarily 
concerning the addition of provisions for Stage II vapor recovery 
systems.
    (B) Virginia Regulation VR 120-01, Part IV (Rule 4-37), with an 
effective date of January 1, 1993.
    (C) Appendix S to VR 120-01, Part IV (Rule 4-37), having an 
effective date of January 1, 1993.
    (D) Virginia Department of Air Pollution Control's Air Quality 
Program Policies and Procedures document entitled ``Procedures for 
Implementation of Regulations Covering Stage II Vapor Recover Systems 
for Gasoline Dispensing Facilities'' (AQP-9). The effective date of this 
document is January 1, 1993.
    (ii) Additional material.
    (A) Remainder of November 5, 1992, State submittal.
    (B) Letter dated August 18, 1993, from the Virginia Department of 
Environmental Quality transmitting Virginia's request that section 
III.F.2 of Virginia's policies and procedures document entitled 
``Procedures for Implementation of Regulations Covering Stage II Vapor 
Recover Systems for Gasoline Dispensing Facilities'' (AQP-9) be included 
in the Commonwealth's State Implementation Plan.
    (102) Revisions to the Virginia State Implementation Plan submitted 
on November 4, 1992 by the Virginia Department of Air Pollution Control.
    (i) Incorporation by reference.
    (A) Letter of November 4, 1992 from the Virginia Department of Air 
Pollution Control transmitting amendments to the Virginia State 
Implementation Plan pertaining to Virginia's air quality regulations, 
Virginia State Air Pollution Control Board Regulations for the Control 
and Abatement or Air Pollution.
    (B) The following revisions to Virginia's air quality regulations, 
adopted by the Virginia State Air Pollution Control Board on October 30, 
1992, effective January 1, 1993:
    (1) Amendments to section 120-01-02, the definition for the term 
volatile organic compound.
    (2) Amendments to appendix P, pertaining to emission control areas.
    (ii) Additional material.
    (A) Remainder of Virginia's November 4, 1992 State submittal 
pertaining to section 120-01-02 and appendix P.
    (103) Revisions to the Commonwealth of Virginia Regulations State 
Implementation Plan submitted on November 4, 1992 by the Virginia 
Department of Environmental Quality:

[[Page 1000]]

    (i) Incorporation by reference.
    (A) Letter of November 4, 1992 from the Virginia Department of 
Environmental Quality transmitting a revised regulation to require 
owners of stationary sources in emissions control areas to submit 
emission statements annually.
    (B) Amendments to Title VR 120-01, addition of paragraph B to 
section 120-02-31 and the addition of Appendix S including referenced 
document AQP-8, procedures for Preparing and submitting Emission 
Statements for Stationary Sources. Effective on January 1, 1993.
    (ii) Additional Material.
    (A) Remainder of November 4, 1992 State submittal related emission 
statements.
    (104) Revisions to the Virginia Regulations for the Control and 
Abatement of Air Pollution submitted on February 14, 1985 by the 
Virginia Department of Air Pollution Control:
    (i) Incorporation by reference.
    (A) Letter of February 14, 1985 from the Virginia Department of Air 
Pollution Control transmitting a revision to the Virginia State 
Implementation Plan.
    (B) The following provisions of the Virginia regulations, effective 
February 1, 1985:
    (1) Revisions to Part IV, Rule 4-41 (Mobile Sources), Sections 120-
04-4103A. and 120-04-4103B.
    (2) Deletion of SIP Regulation 4.52.
    (ii) Additional material.
    (A) Remainder of February 14, 1985 State submittal pertaining to the 
revised provisions of Section 120-04-4103 and the deletion of SIP 
regulation 4.52.
    (105) Revisions to the Virginia Regulations For the Control and 
Abatement of Air Pollution submitted on April 12, 1989 by the Virginia 
Department of Air Pollution Control:
    (i) Incorporation by reference.
    (A) Letter from the Virginia Department of Air Pollution Control 
dated April 12, 1989 submitting a revision to the Virginia State 
Implementation Plan.
    (B) The following provisions of the Virginia regulations, effective 
October 1, 1986.
    (1) Part I Definitions. Section 1.02 (Definitions of ``Reference 
method,'' ``Reid vapor pressure,'' ``Stationary source,'' ``True vapor 
pressure'' and ``Vapor pressure'').
    (2) Part IV Emission Standards from Existing Sources.

    Rule 4-5, Sections 120-08-0502C. (Definitions of ``Condenser,'' 
``Production equipment exhaust system,'' ``Reactor'' and ``Synthesized 
pharmaceutical products manufacturing'') and 120-04-0504C.3.b. (Control 
Technology Guidelines)
    Rule 4-21, Sections 120-04-2102C. (Definitions of ``Sulfuric acid 
mist'' and ``Sulfuric acid production unit'') and 120-04-2110E. 
(Monitoring)
    Rule 4-34, Section 120-04-3402C. (Definitions of ``Application 
area,'' ``Carbon adsorption system,'' ``Coating applicator,'' ``Extreme 
environmental conditions,'' ``Flashoff area,'' ``Miscellaneous metal 
parts and products'' and ``Major groups'')
    Rule 4-37, Sections 120-04-3702C. (Definitions of ``Bulk gasoline 
plant,'' ``Bulk gasoline terminal,'' ``Condensate,'' ``External floating 
roof,'' ``Gasoline,'' ``Gasoline dispensing facility,'' ``Internal 
floating roof,'' ``Liquid-mounted,'' ``Petroleum liquids,'' ``Petroleum 
refinery,'' ``Submerged fill pipe,'' ``vapor-mounted,'' ``Vapor tight'' 
and ``Waxy, heavy pour crude oil'') and 120-04-3704C.2.b (Control 
Technology Guidelines)
    Rule 4-41, Sections 120-04-4102C. (Definitions of ``Mobile source'' 
and ``Motor vehicle'') and 120-04-4105B.2. (Export/Import of Motor 
Vehicles)

    (3) Part VIII Permits.

    Section 120-08-01 (Permits--New and Modified Stationary Sources), 
subsections 120-08-01B3. (definitions of ``Allowable emissions,'' 
``Begin actual construction,'' ``Commence,'' ``Construction,'' 
``Emissions units,'' ``Federally enforceable,'' ``Fixed capital cost,'' 
``Major modification,'' ``Major stationary source,'' ``Modification,'' 
``Modified source,'' ``Necessary preconstruction approvals or permits,'' 
``New source,'' ``Potential to emit,'' ``Public comment period,'' 
``Reactivation,'' ``Reconstruction,'' ``Secondary emissions,'' ``State 
enforceable,'' ``Stationary source'' and ``Uncontrolled emission rate'') 
and 120-08-01C.4.d. (General)
    Section 120-08-03 (Permits--Major Stationary Sources and Major 
Modifications Locating in Nonattainment Areas), subsections 120-08-
03B.3. (all terms) and 120-08-03N.7. (Offsets)

    (ii) Additional material.
    (A) Remainder of February 12, 1989 State submittal pertaining to the 
revised provisions of Parts I, IV and VIII.

[[Page 1001]]

    (106) Revisions to the Virginia State Implementation Plan submitted 
on November 6, 1992 by the Virginia Department of Environmental Quality:
    (i) Incorporation by reference.
    (A) Letter of November 6, 1992 from the Virginia Department of 
Environmental Quality transmitting revisions to Virginia's State 
Implementation Plan, pertaining to volatile organic compound 
requirements in Virginia's air quality regulations adopted by the 
Virginia State Air Pollution Control Board on October 30, 1992 and 
effective on January 1, 1993.
    (B) Revisions to Sec. 120-04-0407 (A), (B), and (C) that lower the 
applicability threshold for RACT to 50 tons per year in the Virginia 
portion of the Metropolitan Washington, D.C. serious ozone nonattainment 
area and add a RACT compliance date of May 31, 1995 for major VOC 
sources in the Richmond moderate ozone nonattainment area, and the 
Virginia portion of the Metropolitan Washington, D.C. nonattainment 
area, effective January 1, 1993.
    (ii) Additional material.
    (A) Remainder of State submittal pertaining to Sec. 120-04-0407.
    (107) The carbon monoxide redesignation and maintenance plan for the 
Counties of Arlington and Alexandria, Virginia submitted by the Virginia 
Department of Environmental Quality on October 4, 1995, as part of the 
Virginia SIP. The emission inventory projections are included in the 
maintenance plan.
    (i) Incorporation by reference.
    (A) Letter of October 4, 1995 from the Virginia Department of 
Environmental Quality requesting the redesignation and submitting the 
maintenance plan.
    (B) Maintenance Plan for the Virginia portion of the Metropolitan 
Washington Carbon Monoxide Nonattainment Area adopted on September 20, 
1995.
    (ii) Additional material.
    (A) Remainder of October 4, 1995 State submittal.
    (108) Revisions to the Virginia Regulations for the Control and 
Abatement of Air Pollution submitted on March 18, 1993 by the Virginia 
Department of Air Pollution Control:
    (i) Incorporation by reference.
    (A) Letter of March 18, 1993 from the Virginia Department of Air 
Pollution Control transmitting revisions governing confidentiality of 
information.
    (B) Revisions to Virginia regulations sections 120-01-02C. 
(definition of ``confidential information'') and 120-02-30 (revisions to 
paragraphs 30A. and 30B.; addition of paragraphs 120-02-30C. through 
30E.), adopted October 30, 1992 and effective February 1, 1993.
    (ii) Additional material.
    (A) Remainder of the March 18, 1993 State submittal pertaining to 
both the definition of ``confidential information'' and the revised 
provisions to Section 120-02-30.
    (109) Revisions to the Virginia Regulations for the Control and 
Abatement of Air Pollution submitted on March 29, 1993 by the Virginia 
Department of Air Pollution Control:
    (i) Incorporation by reference.
    (A) Letter of March 29, 1993 from the Virginia Department of Air 
Pollution Control transmitting revisions governing confidentiality of 
information.
    (B) The following provisions of the Virginia regulations, adopted 
October 30, 1992 and effective January 1, 1993.
    (1) Revisions to Sections 120-08-01A.; 120-08-01C.4; 120-08-01D.; 
120-08-01F. [former SIP Section 120-08-01G.]; 120-08-01G. (except for 
paragraphs .01G.1, .01G.4.a, and .01G.4.b); 120-08-01H. (except for 
paragraph .01H.1) [former SIP Section 120-08-01F, except for paragraph 
.01F.2]; 120-08-01I. (except for paragraph .01I.2) [former SIP Section 
120-08-01L., except for paragraph .01L.2]; 120-08-01J. [former SIP 
Section 120-08-01H.]; 120-08-01K.; 120-08-01L. [former SIP Section 120-
08-01J.]; 120-08-01M. [former SIP Section 120-08-01K.]; 120-08-01P. 
[former SIP Section 120-08-01M.]; Addition of Sections 120-08-01N and 
120-08-01O.
    (2) Revisions to following definitions in Section 120-08-01B.: 
``allowable emissions,'' ``commence,'' ``federally enforceable,'' 
``modification,'' ``potential to emit,'' ``secondary emissions'' and 
``stationary source.''
    (3) Revisions to Appendix R, Sections I (title only), II.A, II.P, 
II.Q (added), II.R (added), III.A, III.C, III.E, III.G, III.I, III.L, 
III.T, III.U, IV., V., and VIII.
    (ii) Additional material.

[[Page 1002]]

    (A) Remainder of the March 29, 1993 State submittal pertaining to 
the revisions to Section 120-08-01 (except for paragraphs .01G.1, 
.01G.4.a, .01G.4.b, .01H.1, .01I.2, and .01J.2) and Appendix R listed in 
paragraphs (c)(109)(i)(B) (1) through (3) of this section.
    (B) Letter of March 18, 1996 from the Virginia Department of 
Environmental Quality, Air Division, clarifying the effect of the 
exemption of wood sawmills from the provisions of Section 120-08-01 
(Appendix R, Section II.R).
    (110) Alternative Compliance Plans submitted on November 4, 1986 by 
the Virginia State Air Pollution Control Board:
    (i) Incorporation by reference.
    (A) Letter of November 4, 1986 from the Virginia State Air Pollution 
Control Board transmitting alternative compliance plans for the Reynolds 
Metals--Bellwood and South Plants, Richmond, Virginia.
    (B) The below-described Consent Agreements and Orders between the 
Commonwealth of Virginia and the Reynolds Metals Company, effective 
October 31, 1986:
    (1) DSE-413A-86--Consent Agreement and Order Addressing Reynolds 
Metals Company's Bellwood Printing Plant (Registration No. 50260).
    (2) DSE-412A-86--Consent Agreement and Order Addressing Reynolds 
Metals Company's Richmond Foil Plant (Registration No. 50534).
    (ii) Additional material.
    (A) Remainder of November 4, 1986 State submittal.
    (B) Letter of February 12, 1987 from the Virginia State Air 
Pollution Control Board.
    (111)-(112) [Reserved]
    (113) Revisions to the Virginia State Implementation Plan submitted 
April 22, 1996 by the Virginia Department of Environmental Quality.
    (i) Incorporation by reference.
    (A) Letter of April 22, 1996 from the Virginia Department of 
Environmental Quality transmitting revisions to Virginia's State 
Implementation Plan, pertaining to regulations to control sources of 
volatile organic compounds (VOC).
    (B) Revisions to the following Virginia regulations adopted by the 
Virginia State Air Pollution Control Board on December 19, 1995 and 
effective April 1, 1996:
    (1) Added Definitions to 9-VAC 5-10-20 (General Definitions) (Former 
SIP Section 120-01-02)--``Federally enforceable'', ``Implementation 
plan'', ``Potential to Emit'', and ``State enforceable''; and revised 
definitions to 9-VAC 5-10-20 for ``Administrator'' and ``Volatile 
organic compound''.
    (2) Revisions to Article 4, Rule 4-4, ``Emission Standards for 
General Process Operations'' (Former SIP Citation--Part IV, Rule 4-4), 
sections 9 VAC 5-40-300A. (citation only), B., and C. (Former SIP 
Sections 120-04-0407A., B, and C).
    (3) Revisions to Article 4, Rule 4-4, section 9-VAC 5-40-420 (Former 
SIP Section 120-04-0419)--Introductory paragraph and paragraphs 5-40-
420.1 through .5 are revised, while paragraph 5-40-420.6 is added.
    (4) Revisions to Article 36, Rule 4-36 ``Emission Standards for 
Flexographic, Packaging Rotogravure, and Publication Rotogravure 
Printing Lines'' (former Part IV, Rule 4-36), sections 9 VAC 5-40-5060, 
subsections A., B. (citation only), C., and E.1 and .2 (Former SIP 
sections 120-04-3601.A. through D.1 and D.2); additions of sections 9 
VAC 5-40-5060.D and .E.3.
    (5) Revisions to Article 36, Rule 4-36, sections 9 VAC 5-40-5070.A., 
B. (citations only), (Former SIP section 120-04-3602.A., B.); C. 
(revised definitions for ``Flexographic printing'', ``High-solids ink or 
surface coating'', ``Low-solvent ink or surface coating'', ``Packaging 
rotogravure printing'', ``Printing'', ``Publication rotogravure 
printing'', ``Waterborne ink or surface coating'' and added definitions 
for ``Compliant ink or surface coating'', ``Cleaning solutions'', 
``Electrostatic duplication'', ``Letterpress printing'', ``Lithographic 
printing'', ``Non-compliant ink or surface coating'', ``Printing Line'', 
``Surface coating'' and ``Web''; deletion of ``Roll printing'') (Former 
SIP section 120-04-3602.C.).
    (6) Revisions to Article 36, Rule 4-36, Sections 9 VAC 5-40-5080.A. 
(Former SIP section 120-04-3603.A.); Addition of Section 9 VAC 5-40-
5080.B.; Deletion of SIP Sections 120-04-3603.B., C.; Revisions to 
Sections 9 VAC 5-40-5130.A., B. (Former SIP sections 120-04-3609.A.,

[[Page 1003]]

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

[[Page 1004]]

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

[[Page 1005]]

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

[[Page 1006]]

    (D) The following provisions of the Virginia Regulations for the 
Control and Abatement of Air Pollution:
    (1) Regulations for Permits for Major Stationary Sources and Major 
Modifications Locating in Prevention of Significant Deterioration Areas, 
9 VAC 5-80-1700 through 9 VAC 5-80-1970, published in the Virginia 
Register of Regulations on November 25, 1996, effective January 1, 1997.
    (2) Appendix L to VR 120-01, renumbered as 9 VAC 5-20-205, 
Prevention of Significant Deterioration Areas, published in the Virginia 
Register of Regulations on December 2, 1991, effective January 1, 1992.
    (ii) Additional material.
    (A) Remainder of March 20, 1997 State submittal.
    (124)-(127) [Reserved]
    (128) Revision to the State Implementation Plan submitted on July 
12, 1996 by the Virginia Department of Environmental Quality regarding 
VOC RACT requirements for one VOC source.
    (i) Incorporation by reference.
    (A) The letter dated July 12, 1996 from the Virginia Department of 
Environmental Quality submitting one source-specific VOC RACT 
determination in the form of a Consent Agreement for Tuscarora 
Incorporated.
    (B) Consent Agreement for Tuscarora Incorporated--Sterling, Loudoun 
County, VA, Consent Agreement, Registration Number 71814, effective on 
June 5, 1996.
    (ii) Additional Material: Remainder of the State submittal 
pertaining to Tuscarora Incorporated.
    (129) Revisions to the Virginia Regulations pertaining to permit 
requirements for new and modified stationary sources locating in 
nonattainment areas mandated under Title I, Sections 171-173 and 182 of 
the Clean Air Act submitted on November 9, 1992, by the Commonwealth of 
Virginia:
    (i) Incorporation by reference.
    (A) Letter of November 9, 1992, from the Commonwealth of Virginia, 
Department of Air Pollution Control transmitting revisions to the 
Virginia Regulations pertaining to permit requirements for new and 
modified stationary sources locating in nonattainment areas.
    (B) Commonwealth of Virginia State Air Pollution Control Board 
Regulations for the Control and Abatement of Air Pollution, Permits for 
Stationary Sources, Section 120-08-03. ``Permits--Major Stationary 
Sources and Major Modifications Locating in Nonattainment Areas''. 
(Effective January 1, 1993).
    (ii) Additional materials--The remainder of the November 2, 1992 
submittal pertaining to Regulation 120-08-03.
    (130) Revisions to the State Implementation Plan submitted on April 
22, 1996 and October 9, 1998 by the Virginia Department of Environmental 
Quality regarding regulations for reasonably available control 
technology requirements to control volatile organic compound emissions 
from solvent metal cleaning operations using non-halogenated solvents.
    (i) Incorporation by reference.
    (A) The letters dated April 22, 1996 and October 9, 1998 from the 
Virginia Department of Environmental Quality transmitting revisions to 
the Virginia State Implementation Plan pertaining to Rule 4-24 (9 VAC 5-
40-3260 et seq.) of 9 VAC 5 Chapter 40.
    (B) The amended version of Rule 4-24 (9 VAC 5-40-3260 et seq.) 
Emission Standards for Solvent Metal Cleaning Operations Using 
Nonhalogenated Solvents as adopted on December 19, 1995, published in 
the Virginia Register of Regulations (Volume 12, Issue 11) on February 
19, 1996, and effective on April 1, 1997.
    (C) Amendments to 9 VAC 5-40-3260 Applicability and designation of 
affected facility of Rule 4-24 (9 VAC 5-40-3260 et seq.) Emission 
Standards for Solvent Metal Cleaning Operations Using Non-Halogenated 
Solvents adopted on January 8, 1997, published in the Virginia Register 
of Regulations (Volume 13, Issue 14) on March 31, 1997 and effective on 
April 1, 1997.
    (ii) Additional materials--The remainders of the April 22, 1996 and 
October 1998 submittals which pertain to Rule 4-24 (9 VAC 5-40-3260 et 
seq.) Emission Standards for Solvent Metal Cleaning Operations Using 
Non-Halogenated Solvents.
    (131) Limited approval of revisions to the Virginia State 
Implementation

[[Page 1007]]

Plan submitted on November 9, 1992 by the Virginia Department of 
Environmental Quality:
    (i) Incorporation by reference.
    (A) Letters of November 9, 1992 and December 11, 1992 from the 
Virginia Department of Environmental Quality transmitting Virginia rule 
120-04-0408 to implement major source NOX RACT requirements 
in the Northern Virginia Emissions Control Area.
    (B) Virginia regulation 120-04-0408, ``Standard for Nitrogen 
Oxides'', pertaining to major source NOX RACT requirements, 
effective on January 1, 1993.
    (C) Renumbering of previously SIP approved sections in rule 120-04: 
-0408 and -0409 to 120-04-0409 and -0410, respectively and previously 
SIP approved sections -0412 through -0418 to -0413 through -0419, 
respectively, effective January 1, 1993.
    (ii) Additional Material--Remainder of November 9, 1992 submittal 
and supplemental information submitted by the Virginia Department of 
Environmental Quality on December 11, 1992 and August 11, 1998 
pertaining to 120-04-0408.
    (132) Limited approval of revisions to the Virginia State 
Implementation Plan submitted on November 9, 1992 and August 11, 1998 by 
the Virginia Department of Environmental Quality:
    (i) Incorporation by reference.
    (A) Letters of November 9, 1992, December 11, 1992 and August 11, 
1998 from the Virginia Department of Environmental Quality transmitting 
Virginia regulation 9 VAC 5-40-311 (formerly Appendix T) establishing 
RACT requirements on major sources in the Northern Virginia Emissions 
Control Area.
    (B) Addition of Virginia regulation 9 VAC 5-40-311, sections A, B, 
C.1, C.2, C.3.b, and C.3.d-g and Errata pages, establishing RACT 
requirements for major sources of NOX in the Northern 
Virginia Emissions Control Area, effective on July 1, 1997.
    (ii) Additional Material--Remainder of November 9, 1992 submittal 
and supplemental information submitted by the Virginia Department of 
Environmental Quality on December 11, 1992 and August 11, 1998 
pertaining to VAC 5-40-311.
    (133) [Reserved]
    (134) Revisions to the Virginia Regulations, Establishment of the 
Vehicle Emissions Inspection and Maintenance Program in the Northern 
Virginia Area, submitted on June 16, 1998, November 30, 1998, February 
2, 1999 and February 22, 1999, by the Virginia Department of 
Environmental Quality:
    (i) Incorporation by reference.
    (A) Letter of June 16, 1998 from the Virginia Department of 
Environmental Quality transmitting an Enhanced Vehicle Emissions 
Inspection Program for the Northern Virginia Area.
    (B) Regulations for the Enhanced Motor Vehicle Emissions Inspection 
Program in the Northern Virginia Area: 9 VAC 5-91-10 et seq.
    (C) Letter of November 30, 1998 from the Virginia Department of 
Environmental Quality transmitting an Alternative Program Credit 
Evaluation Program.
    (D) Letter of February 2, 1999 from the Virginia Department of 
Environmental Quality, transmitting an Evaluation of Virginia's Enhanced 
I/M Program Credits.
    (E) Letter of February 22, 1999 from the Virginia Department of 
Environmental Quality, supplementing the November 30, 1998 transmittal.
    (ii) Additional material.
    (A) Remainder of June 16, 1998 submittal,
    (B) Remainder of November 30, 1998 submittal, as supplemented on 
February 22, 1999, and
    (C) Remainder of February 2, 1999 submittal.
    (135) Revisions to the Virginia Regulations for the adoption of the 
National Low Emission Vehicle Program submitted on May 27, 1999 by the 
Department of Environmental Quality:
    (i) Incorporation by reference.
    (A) Letter of May 27, 1999 from the Department of Environmental 
Quality transmitting Virginia's plan for adoption of a National Low 
Emission Vehicle Program.
    (B) Regulation for a National Low Emission Program, codified at 9 
VAC 5-200 of the Virginia Code, effective on April 14, 1999, to add: 9 
VAC 5-200-10, Paragraphs A, B, and C; and 9 VAC 5-200-20; and 9 VAC 5-
200-30.
    (ii) Additional Materials--Remainder of May 27, 1999 submittal 
pertaining to

[[Page 1008]]

the National Low Emissions Vehicle Program.
    (136) Revisions to the Virginia Regulations, to relegate the 
oxygenated gasoline program to a carbon monoxide contingency measure, 
submitted on April 30, 1997 by the Virginia Department of Environmental 
Quality:
    (I) Incorporation by reference.
    (A) Letter of April 30, 1997 from the Virginia Department of 
Environmental Quality transmitting the oxygenated gasoline regulation 
amendments as a SIP revision.
    (B) Revisions to 2 VAC 5 Chapter 480, Section 20, Applicability. 
These revisions became effective November 1, 1996.
    (ii) Additional Materials--Remainder of April 30, 1997 submittal

[37 FR 10899, May 31, 1972. Redesignated and amended at 65 FR 21320, 
Apr. 21, 2000]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2465, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



                          Subpart WW_Washington



Sec. 52.2470  Identification of plan.

    (a) Title of plan: ``A Plan for the Implementation, Maintenance and 
Enforcement of National Ambient Air Quality Standards in the State of 
Washington.''
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Contingency request for a two year extension for carbon monoxide 
and nitrogen dioxide in the Puget Sound Intrastate Region and for carbon 
monoxide in the Eastern Washington-Northern Idaho Interstate Region 
submitted on January 28, 1972, by the Governor.
    (2) Request for a two year extension, delegation of legal authority 
and amendments to the implementation plan submitted on May 5, 1972, by 
the Governor.
    (3) Notices of public hearings and certifications that hearings were 
held regarding implementation plan matters submitted on July 18, 1972, 
by the Department of Ecology.
    (4) Clarifying submission (Non-regulatory) to the implementation 
plan submitted on September 11, 1972, by the Governor.
    (5) Compliance schedules submitted on December 12, 1972, by the 
Washington Department of Ecology.
    (6) Compliance schedules, revisions to WAC 18-04, 18-12 and 18-40, 
and a new regulation WAC 18-06 submitted on February 15, 1973, by the 
Governor.
    (7) Transportation control plan submitted on April 13, 1973, by the 
Governor.
    (8) Revisions to the transportation control plan submitted on May 
31, 1973, by the Governor.
    (9) Compliance schedules submitted on July 25, 1973, by the 
Department of Ecology.
    (10) Indirect source plan submitted on October 11, 1973, by the 
Department of Ecology.
    (11) Indirect source regulation (WAC 18-24) submitted on June 14, 
1974, by the Governor.
    (12) Air quality maintenance area designation submitted on May 31, 
1974, by the Washington Department of Ecology.
    (13) Revisions to the State and local agency open burning 
regulations submitted on September 10, 1973, by the Department of 
Ecology.
    (14) Information regarding the approval of the revised open burning 
regulations submitted on May 23, 1975, by the Department of Ecology.
    (15) Revision to section 9.05(c) of Regulation I of the Olympic Air 
Pollution Control Authority submitted November 6, 1975 by the Governor.
    (16) On April 4, 1979 the State of Washington Department of Ecology 
submitted a request to extend for eighteen months the date for plan 
submission for all secondary total suspended particulate nonattainment 
areas.
    (17) On June 26, 1975 the Governor submitted amendments to WAC 18-24 
``State jurisdiction over Motor Vehicles'' which repealed the program 
for preconstruction review and approval of indirect sources, leaving 
only Sections 020--Definitions and 030--Assumption of Jurisdiction. On 
April 27, 1979 the Governor submitted revisions required by Part D of 
the Clean Air Act as

[[Page 1009]]

amended in 1977, specifically: plans for the Seattle primary total 
suspended particulate (TSP) nonattainment area, the Tacoma primary TSP 
nonattainment area, the Seattle-Tacoma carbon monoxide (CO) and ozone 
nonattainment areas (along with a request for an extension of the 
attainment dates to beyond December 31, 1982), the Spokane primary TSP 
nonattainment area, the Clarkston primary TSP nonattainment area, the 
Vancouver primary TSP nonattainment area, and the Yakima CO 
nonattainment area; revisions to State and local regulations for 
nonattainment areas (WAC 173-400-010, 173-400-020, 173-400-030, 173-400-
040 (except (13)), 173-400-050, 173-400-060, 173-400-070, 173-400-090, 
173-400-100, 173-400-110, and 173-400-120; WAC 173-420; WAC 173-425, WAC 
173-490 (except 173-150); Puget Sound Air Pollution Control Agency 
Regulation I, Articles 1, 3, 6, 9 (Sections 9.02, 9.02A, 9.03, 9.04, 
9.05, 9.06, 9.07(d), 9.07(e), and 9.09); Northwest Air Pollution Control 
Authority Regulation Section 455.11; and Spokane County Air Pollution 
Control Authority Regulation Article IV, Section 4.01); and the 
rescission of State and local agency regulations which duplicated 
applicable Federal or State regulations for nonattainment areas (WAC 18-
04-010, 18-04-020, 18-04-030, 18-04-040, 18-04-050, 18-04-060, 18-04-
070, 18-04-090, 18-04-100, 18-04-110, and 18-04-120; WAC 18-06; WAC 18-
12; WAC 18-20; WAC 18-24; WAC 18-28; WAC 18-32; WAC 18-40; WAC 18-44; 
WAC 18-46; WAC 18-48; WAC 18-56; WAC 18-60; Puget Sound Air Pollution 
Control Agency Regulation I, Articles 5, 9 (Sections 9.07(a), 9.07(b), 
9.11, 9.12, 9.13, 9.15, and 9.16), and 11; Spokane County Air Pollution 
Control Authority Regulations I and II (except Article IV, Section 
4.01); Northwest Air Pollution Authority Regulations 1 and 2 and Section 
501 Southwest Air Pollution Control Agency Regulations 1 and 2; Olympic 
Air Pollution Control Agency Regulation I; Yakima County Clean Air 
Authority Regulation 1; Grant County Clean Air Authority Regulation; 
Benton-Franklin-Walla Walla Air Pollution Control Agency Regulation; and 
Douglas County Air Pollution Control Commission Article V, Section 
5.01). On May 18, 1979 the State of Washington Department of Ecology 
submitted corrections to the Puget Sound area emission inventory in the 
April 27, 1979 submittal. On June 20, 1979 the Governor submitted the 
plan for the Vancouver ozone nonattainment area including a request for 
an extension of the attainment date to beyond December 31, 1982. On 
December 21, 1979 the State of Washington Department of Ecology 
submitted statutory authority for an automobile inspection and 
maintenance program and a detailed schedule for its implementation. On 
May 1, 1980 the State of Washington Department of Ecology submitted 
revised statutory language pertaining to State legal authority.
    (18) On April 1, 1980 the State of Washington Department of Ecology 
submitted revisions to the regulations for Kraft Pulping Mills (WAC 173-
405-011; 173-405-021; 173-405-031(1), (4), (5) and (6); 173-405-036(1), 
(2) and (4); 173-405-061; 173-405-071(2), (3), (4)(d), (4)(e) and (5); 
173-405-077; 173-405-078; 173-405-086; and 173-405-101), Sulfite Pulping 
Mills (WAC 173-410-011; 173-410-021; 173-410-031; 173-410-036(1), (2) 
and (4); 173-410-041; 173-410-061 (1) through (8); 173-410-067; 173-410-
071; 173-410-086; and 173-410-091), and Primary Aluminum Plants (WAC 18-
52-010; 18-52-016; 18-52-021; 18-52-031 (2) and (4); 18-52-036(1); 18-
52-056; 18-52-061; 18-52-071(1)(c), (1)(f), and (2); 18-52-077; and 18-
52-086) and rescission of old regulations (WAC 18-36-010, 18-36-020, 18-
36-030, 18-36-040, 18-36-050, 18-36-060, 18-36-070, 18-36-080, 18-36-090 
and 18-36-100; WAC 18-38-010, 18-38-020, 18-38-030, 18-38-040, 18-38-
050, 18-38-060, 18-38-070, 18-38-080 and 18-38-090; and WAC 18-52-015, 
18-52-020, 18-52-030 (except (3)), 18-52-040, 18-52-060, 18-52-070 and 
18-52-080) to satisfy the requirements of Part D of the Clean Air Act.
    (19) On April 27, 1979 the Governor submitted the plan for the 
Spokane carbon monoxide (CO) nonattainment area. On September 10, 1980 
the State of Washington Department of Ecology submitted a revised 
transportation control plan for the Spokane CO nonattainment area.
    (20) On March 5, 1980 the State of Washington Department of Ecology 
submitted a plan revision to meet the requirements of 40 CFR part 58, 
subpart C, Sec. 58.20 Air Quality Monitoring.

[[Page 1010]]

    (21) On April 27, 1979 the Governor submitted a provision for 
maintenance of pay (WAC 173-400-160).
    (22) On June 24, 1980 the State of Washington Department of Ecology 
submitted a new regulation WAC 173-402 ``Civil Sanctions Under 
Washington Clean Air Act''. On July 30, 1980 the State of Washington 
Department of Ecology submitted revisions to WAC 173-400 (specifically 
173-020; 173-030; 173-040 (except (13)); 173-050; 173-060; 173-070; 173-
090; 173-100; 173-110; and 173-120), WAC 173-405 (specifically 173-012; 
173-021; 173-040 (1), (2), (3), (4), (5), (6) and (17); 173-072(1), (4) 
and (5); 173-077, 173-086; and 173-101; and rescission of 173-011; 173-
031 (1), (4), (5) and (6); 173-036 (1), (2) and (4); 173-061; 173-071 
(2), (3), (4)(d), (4)(e) and (5); and 173-078), WAC 173-410 
(specifically 173-012; 173-021; 173-040 (1), (2), (3), (5) and (16); 
173-062 (1), (2) and (3); 173-067; 173-086; 173-090; and 173-091; and 
rescission of 173-011; 173-031; 173-036 (1), (2) and (4); 173-041; 173-
061 (1) through (8); and 173-071), WAC 173-415 (specifically 173-010; 
173-020; 173-030(2)(b), (4), (5), (7) and (11); 173-050; 173-060(1)(c) 
and (2); 173-070; and 173-090), WAC 173-490 (specifically 173-010; 173-
020; 173-025; 173-030; 173-040; 173-070; 173-071; and 173-080), 
rescission of old WAC 18-52 (specifically 18-010; 18-016; 18-021; 18-
030(3); 18-031 (2) and (4); 18-036(1); 18-056; 18-061; 18-071(1)(c), 
(1)(f) and (2); 18-077; and 18-086), and revisions to the Seattle-Tacoma 
carbon monoxide, Seattle-Tacoma ozone, Vancouver ozone, Seattle primary 
total suspended particulate (TSP), Tacoma primary TSP, Vancouver primary 
TSP, Spokane primary TSP and Clarkston primary TSP nonattainment area 
plans, in order to satisfy the conditions of approval published on June 
5, 1980 and July 31, 1980. On November 7, 1980 the State of Washington 
Department of Ecology submitted clarifying information, including the 
designated ``no burn'' areas for the Seattle, Tacoma and Spokane TSP 
nonattainment areas to satisfy the conditions of approval published on 
June 5, 1980. On January 13, 1981 the State of Washington Department of 
Ecology submitted further revisions to WAC 173-400-110 and WAC 173-490-
020 and 173-490-040 in order to satisfy the conditions of approval 
published on June 5, 1980.
    (23) On August 17, 1979 and July 30, 1980 the Governor submitted 
revisions to the State of Washington Implementation Plan to provide 
authority to the Energy Facility Site Evaluation Council to implement 
the plan required by section 110 of the Clean Air Act for energy 
facilities, specifically, statutory authority (80.50 RCW), applicable 
regulations (WAC 463-39-010; 463-39-020; 463-39-030 (except (4), (7), 
(10), (24), (25), (30), (35) and (36)); 463-39-040 (except introductory 
paragraph); 463-39-050; 463-39-060; 463-39-080; 463-39-100; 463-39-110 
(except (1), first two sentences of (3)(b), (3)(c), (3)(d) and (3)(e)); 
463-39-120; 463-39-130; 463-39-135; 463-39-150; and 463-39-170), and a 
Memorandum of Agreement between the Energy Facility Site Evaluation 
Council and the State of Washington Department of Ecology describing 
program implementation. On May 28, 1981, the Energy Facility Site 
Evaluation Council submitted an Attorney General's opinion certifying 
that 80.50 RCW provided sufficient enabling authority to meet the 
requirements of the Clean Air Act.
    (24) On November 17, 1981 the State of Washington Department of 
Ecology submitted a revision to the plan for the Spokane carbon monoxide 
nonattainment area, including a schedule for the implementation of an 
expanded transit service to satisfy the condition of approval published 
on December 24, 1980.
    (25) On July 30, 1980 the State of Washington Department of Ecology 
submitted revisions to the regulations for sources of volatile organic 
compounds (VOC), specifically WAC 173-490-200, 173-490-201, 173-490-202, 
173-490-203, 173-490-204, 173-490-205 (except (d)), 173-490-206 and 173-
490-207. On January 13, 1981 the State of Washington Department of 
Ecology submitted a further revision to WAC 173-490-203. On June 25, 
1981 the State of Washington Department of Ecology submitted VOC source 
test methods. On November 13, 1981 the State of Washington Department of 
Ecology submitted clarifying information on the regulations for sources 
of VOC.
    (26) On July 16, 1982 the State of Washington Department of Ecology 
submitted an attainment plan for the Vancouver ozone nonattainment area 
and amendments to the regulations for

[[Page 1011]]

sources of volatile organic compounds (WAC-490-020, 490-025, 490-9040, 
490-080, 490-203, 490-204, 490-205 and 490-208, and rescission of 490-
206).
    (27) On July 16, 1982 the State of Washington Department of Ecology 
submitted attainment plans for the Seattle-Tacoma ozone nonattainment 
area and the Seattle carbon monoxide (CO) nonattainment area, including 
regulations for motor vehicle emission inspection (WAC 173-422) and the 
Puget Sound Air Pollution Control Agency regulation for sources of 
volatile organic compounds (Regulation II). On December 1, 1982 the 
State of Washington Department of Ecology submitted procedures by which 
conformity of Federal projects with the Seattle-Tacoma ozone and Seattle 
CO plans will be determined.
    (28) Amendments to page III-D-2 (TABLE 8--DEPARTMENT OF ECOLOGY 
SOURCE TEST METHODS WHICH ARE USED FOR COMPLIANCE) of the Washington 
State Implementation Plan, submitted by the State Department of Ecology 
on July 23, 1984.
    (29) On September 13, 1983 the State of Washington Department of 
Ecology submitted a revision to add a lead strategy to the Washington 
Implementation Plan.
    (30) On June 15, 1984 the Washington Department of Ecology submitted 
a demonstration of attainment of the lead standard for the area around a 
primary copper smelter in Tacoma, Washington.
    (31) On June 16, 1983, the State of Washington Department of Ecology 
submitted to EPA, the Tacoma carbon monoxide attainment plan as an 
official SIP revision. This plan builds upon the July 16, 1982, Ozone 
SIP for the Puget Sound area.
    (32) On September 27, 1984 the State of Washington Department of 
Ecology submitted a revision to the approved lead SIP which revised the 
demonstration of attainment for the secondary lead smelter in Seattle.
    (33) On January 16, 1984 the Washington Department of Ecology 
submitted revisions to the approved SIP which added the PSAPCA emission 
offset and banking program to the approved SIP regulations. The 
revisions consisted of new section 1.07(s), 1.07(rr), 1.07(xx), 
6.07(b)(7) and 6.08 of PSAPCA Regulation I.
    (34) A revision to the Washington State Implementation Plan was 
submitted by the Director of the Washington Department of Ecology on 
September 27, 1984. The revision adds a mandatory Vehicle Inspection and 
Maintenance program to the Spokane Carbon Monoxide Plan.
    (i) Incorporation by reference.
    (a) Amendments to Chapter 173-422 Washington Administrative Code, 
Motor Vehicle Emission Inspection, which was published on April 18, 
1984.
    (ii) Additional material. (a) Technical Support Document as prepared 
by the Washington State Department of Ecology in support of approval 
dated January 11, 1985.
    (35) On February 21, 1985 the State of Washington Department of 
Ecology submitted revisions to Regulation II, specifically, Sec. Sec. 
1.02, 2.13, 3.11 and 4.02, and ``Monitoring and Reporting Procedures for 
VOC Sources'' as adopted in Puget Sound Air Pollution Control Agency 
Resolution 568.
    (i) Incorporation by reference.
    (A) Letter dated February 21, 1985 from the Washington Department of 
Ecology to EPA Region 10.
    (B) Resolution 568--Revisions to Regulation II and ``Monitoring and 
Reporting Procedures for VOC Sources'' as adopted by the Puget Sound Air 
Pollution Control Agency on December 13, 1984.
    (36) Washington State's Visibility Protection Program, except 
Section V. B. New Source Review, Appendix A--Proposed Best Available 
Retrofit Technology Regulation and Appendix B--Proposed New Source 
Review Regulations, submitted by the Director of the Washington 
Department of Ecology on January 5, 1984; certain provisions of 173-403 
WAC Implementation of Regulations for Air Contaminant Sources, 
specifically, WAC 173-403-030(2), (9), (11), (24), (25), (31), (42), 
(46), (51), and (52), submitted by the Director of the Washington 
Department of Ecology on

[[Page 1012]]

April 1, 1985; WAC 173-403-090, submitted by the Director of the 
Washington Department of Ecology on September 6, 1983; and the State of 
Washington Department of Natura1 Resources Smoke Management Program, 
submitted by the Director of the Washington Department of Ecology on 
April 27, 1979, and January 5, 1984.
    (i) Incorporation by reference.
    (A) Letter dated April 1, 1985, from the Director of the State of 
Washington Department of Ecology to EPA. Provisions of WAC 173-403-030 
(Definitions) introductory text, (2), (9), (11), (24), (25), (31), (42), 
(46), (51), and (52), adopted by the State of Washington Department of 
Ecology on February 14, 1985.
    (B) Letter dated September 6, 1983, from the Director of the State 
of Washington Department of Ecology to EPA. WAC 173-403-090 (``Retrofit 
Requirements for Visibility Protection''), adopted by the State of 
Washington Department of Ecology on August 25, 1983.
    (C) Letter dated January 5, 1984, from the Director of the State of 
Washington Department of Ecology to EPA. ``Washington State's Visibility 
Protection Program (10/3/83),'' except Section V. B. ``New Source 
Review,'' Appendix A--``Proposed Best Available Retrofit Technology 
Regulation'' and Appendix B--``Proposed New Source Review Regulations'' 
adopted by the State of Washington Department of Ecology on January 5, 
1984;
    (D) Appendix K (``The State of Washington Department of Natural 
Resources Air Quality-Prescribed Burning Smoke Management Program'') 
revised June 1975.
    (37) On April 28, 1983, the State of Washington Department of 
Ecology submitted amendments to the State of Washington sulfur dioxide 
emission limitation. These amendments clarify the averaging time for the 
sulfur dioxide emission limitation in WAC 173-400-040(6).
    (i) Incorporation by reference.
    (A) Letter dated April 28, 1983, from the Director of the Department 
of Ecology to EPA Region 10 amending the State of Washington State 
Implementation Plan.
    (B) Washington Administrative Code [WAC] Chapter 173-400 [General 
Regulations for Air Pollution Sources], -040 [General Standard for 
Maximum Emissions], (6) [Sulfur Dioxide] introductory sentence adopted 
into state law by the State of Washington Department of Ecology on March 
30, 1983 and became effective on May 11, 1983.
    (38) On January 23, 1989 and May 14, 1991 the Director of the 
Department of Ecology submitted amended regulations as revisions to the 
Washington state implementation plan. EPA has approved the following as 
revisions to the implementation plan: WAC 173-400 (except for -040(1) 
(c) and (d); -040(2); -040(4); the second paragraph of -040(6); the 
exception provision in -050(3); -070(7); -075; -115; -120; -131; -136; -
141; and -180) as in effect on March 22, 1991; the repeal of WAC 173-403 
as in effect on March 22, 1991; WAC 173-405 (except for -033; -035; -
040(1)(b); -040(1)(c); -040(3)(b); -040(3)(c); -040(4); -040(7); -
040(8); -040(9); and -072(2)) as in effect on March 22, 1991; WAC 173-
410 (except for -035; the exception provision in -040(3); and -040(5)) 
as in effect on March 22, 1991; WAC 173-415 (except for -020(1); -
020(2); -030(1); -030(3)(b); -040; and -060(1) (a), (b), and (d)) as in 
effect on March 22, 1991; WAC 173-425 as in effect on October 18, 1990; 
WAC 173-430 as in effect on October 18, 1990; WAC 173-433 as in effect 
on October 18, 1990; WAC 173-434 (except for -110, -120, and -130(2)) as 
in effect on October 18, 1990; WAC 173-435 (except for -070(1)); as in 
effect on January 3, 1989; WAC 173-440 as in effect on October 18, 1990; 
WAC 173-470 (except for -110 and -150) as in effect on January 3, 1989.
    (i) Incorporation by reference.
    (A) January 23, 1989, letter from the Director of the Department of 
Ecology to EPA Region 10 submitting amendments to the Washington state 
implementation plan.
    (B) May 14, 1991, letter from the Director of the Department of 
Ecology to EPA Region 10 submitting amendments to the Washington state 
implementation plan.
    (C) Washington Administrative Code, Chapter 173-400 (General 
Regulations for Air Pollution Sources) (except for -040(1) (c) and (d), 
-040(2), -040(4), the

[[Page 1013]]

second paragraph of -040(6), the exception provision in -050(3), -
070(7), -075, -115, -120, -131, -136, -141, and -180) as in effect 3/22/
91; Washington Administrative Code, Chapter 173-405 (Kraft Pulp Mills) 
(except for -033; -035; -040(1)(b), (1)(c), (3)(b), (3)(c), and (4); -
040 (7), (8), and (9); and -072(2)) as in effect 3/22/91; Washington 
Administrative Code Chapter 173-410 (Sulfite Pulping Mills) (except for 
035; the exception provision in -040(3); and -040(5)) as in effect 3/22/
91; Washington Administrative Code Chapter 173-415 (Primary Aluminum 
Plants) (except for -020 (1) and (2); -030(1); -030(3)(b); -040; and -
060(1) (a), (b), and (d)) as in effect 3/22/91; Washington 
Administrative Code Chapter 173-425 (Open Burning) as in effect 10/18/
90; Washington Administrative Code Chapter 173-430 (Burning of Field and 
Forage and Turf Grasses Grown for Seed) as in effect 10/18/90; 
Washington Administrative Code Chapter 173-433 (Solid Fuel Burning 
Device Standards) as in effect 10/18/90; Washington Administrative Code 
Chapter 173-434 (except for -110, -120, and -130(2)) as in effect 10/18/
90; Washington Administrative Code Chapter 173-435 (Emergency Episode 
Plan) (except for-070(1)) as in effect 1/3/89; Washington Administrative 
Code Chapter 173-440 (Sensitive Areas) as in effect 10/18/90; and 
Washington Administrative Code Chapter 173-470 (Ambient Air Quality 
Standards for Particulate Matter) (except for -110 and -150) as in 
effect 1/3/89.
    (39) On May 14, 1991, the Director of the Department of Ecology 
submitted revisions to the State of Washington Implementation plans for 
volatile organic compound emissions (WAC 173-490 ``Emission Standards 
and Controls for Sources Emitting Volatile Compounds'') attainment from 
stationary sources in ozone nonattainment areas.
    (i) Incorporation by reference.
    (A) May 14, 1991, letter from Washington Department of Ecology to 
EPA Region 10 submitting the VOC nonattainment area state implementation 
plan for Washington.
    (B) WAC 173-490 ``Emission Standards and Controls for Sources 
Emitting Volatile Compounds'' as adopted on February 19, 1991, and 
became effective on March 22, 1991.
    (40) On November 15, 1991, EPA received the Washington Department of 
Ecology submission for a PM10 nonattainment area state 
implementation plan for Kent, Washington.
    (i) Incorporation by reference.
    (A) November 5, 1990, letter from Washington Department of Ecology 
to EPA Region 10 submitting the PM10 nonattainment area state 
implementation plan for Kent, Washington.
    (B) The PM10 nonattainment area state implementation plan 
for Kent, Washington as adopted by the Washington Department of Ecology 
on November 3, 1990, and effective on November 3, 1991.
    (C) December 27, 1990, letter from Washington Department of Ecology 
to EPA Region 10 submitting an addendum to the PM10 
nonattainment area state implementation plan for Kent, Washington.
    (D) PM10 SIP addendum, dated June 5, 1990, to the 
PM10 Kent, Washington state implementation plan.
    (E) November 15, 1991, letter from Washington Department of Ecology 
to EPA Region 10 submitting a supplement to the PM10 
nonattainment area state implementation plan for Kent, Washington.
    (F) PM10 SIP supplement, dated November 1991, to the 
PM10 Kent, Washington state implementation plan.
    (41) On February 17, 1989, and November 15, 1991, the State of 
Washington Department of Ecology submitted PM10 nonattainment 
area state implementation plan revisions for Thurston County, 
Washington.
    (i) Incorporation by reference.
    (A) February 17, 1989, letter from Washington Department of Ecology 
to EPA Region 10 submitting the PM10 nonattainment area state 
implementation plan for Thurston County, Washington.
    (B) The PM10 nonattainment area state implementation plan 
for Thurston County, Washington, as adopted by the Washington Department 
of Ecology on February 8, 1989.
    (C) November 15, 1991, letter from Washington Department of Ecology 
to EPA Region 10 submitting revisions to the PM10 
nonattainment area state implementation plan for Thurston County, 
Washington.

[[Page 1014]]

    (D) Revision to the PM10 nonattainment area state 
implementation plan for Thurston County, Washington, as adopted by the 
Washington Department of Ecology on November 14, 1991.
    (42) On January 22, 1993, the State of Washington Department of 
Ecology submitted revisions to the State Implementation Plan for the 
State of Washington addressing the attainment and maintenance of the 
National Ambient Air Quality Standards for carbon monoxide in the King, 
Pierce, Snohomish, Clark and Spokane Counties.
    (i) Incorporation by reference.
    (A) January 22, 1993, letters from the State of Washington 
Department of Ecology to EPA Region 10 submitting amendments to the 
Washington State Implementation Plan for Carbon Monoxide in the King, 
Pierce, Snohomish, Clark, and Spokane Counties.
    (B) Supplements to the State Implementation Plan for Washington 
State--a plan for attaining and maintaining National Ambient Air Quality 
Standards (NAAQS) for the Spokane Carbon Monoxide Nonattainment Area, 
Vancouver Air Quality Maintenance Area, and Puget Sound Carbon Monoxide 
Nonattainment Area, adopted on January 22, 1993.
    (C) State Regulations Appendix B-Part 2, ``Motor Fuel Specifications 
for Oxygenated Gasoline, Chapter 173-492 WAC,'' of the Washington State 
SIP appendices, adopted October 6, 1992.
    (D) State Policies and Guidelines Appendix D, ``Oxygenated Gasoline 
Program, Implementation Guidelines, Washington State Department of 
Ecology, September 1992.''
    (43) On September 11, 1992 and October 8, 1993 the Director of the 
WDOE submitted revisions to PSAPCA's rules for the control of air 
pollution in Pierce, King, Snohomish, and Kitsap Counties, Washington as 
revisions to the Washington SIP. These revisions superseded and replaced 
previously submitted rules by PSAPCA.
    (i) Incorporation by reference.
    (A) September 11, 1992 letter from the Director of WDOE to EPA 
Region 10 submitting revisions to PSAPCA's rules for the control of air 
pollution in King, Pierce, Snohomish, and Kitsap Counties, Washington, 
for inclusion into the Washington SIP.
    (B) Regulations I, II, and III as adopted by the Board of Directors, 
PSAPCA, and submitted through the WDOE to EPA Region 10, as a revision 
to the SIP, with a WDOE adopted date of September 16, 1992.
    (C) October 8, 1993 letter from the Director of WDOE to EPA Region 
10 submitting revisions to PSAPCA's rules for the control of air 
pollution in King, Pierce, Snohomish, and Kitsap Counties, Washington, 
for inclusion into the Washington SIP.
    (D) Regulations I, II, and III as adopted by the Board of Directors, 
PSAPCA, and submitted through WDOE to EPA Region 10, as a revision to 
the SIP, with a WDOE adopted date of October 18, 1993.
    (44) On September 22, 1993, the state of Washington, through the 
Washington State Department of Ecology, submitted a request to 
redesignate Tacoma to attainment for sulfur dioxide (SO2).
    (i) Incorporation by reference.
    (A) September 22, 1993 letter from Washington State Department of 
Ecology to EPA Region 10 submitting a redesignation request for the 
Tacoma SO2 Air Quality Maintenance Area (AQMA).
    (45) On November 16, 1992 the Director of the Washington State 
Department of Ecology submitted ``State Implementation Plan for the 
Washington State Business Assistance Program,'' adopted November 13, 
1992, as a revision to the Washington SIP.
    (i) Incorporation by reference.
    (A) November 13, 1992 letter from the Director of the Washington 
State Department of Ecology submitting ``State Implementation Plan for 
the Washington State Business Assistance Program'' to EPA.
    (B) State Implementation Plan for the Washington State Business 
Assistance Program, including Appendix B, Revised Code of Washington 
(RCW) 70.94.035; Appendix D, Washington Administrative Code 173-400-180; 
Appendix E, RCW 70.94.181; and Appendix F, Business Assistance Program 
Guidelines (and exluding Appendices A, C, and G), dated November 1992, 
and adopted November 13, 1992.
    (46) On January 28, 1993 the State of Washington submitted a SIP 
revision

[[Page 1015]]

for the purpose of implementing an emission statement program for 
stationary sources within the Vancouver Air Quality Maintenance Area and 
the Central Puget Sound Ozone Nonattainment Area. The implementation 
plan was submitted by the State to satisfy the Federal requirements for 
an emission statement program as part of the SIP for Washington State.
    (i) Incorporation by reference.
    (A) Letters dated January 22, 1993 from the Director of the 
Washington Department of Ecology to EPA Region 10 amending the 
Washington SIP for both the Vancouver and Central Puget Sound areas.
    (B) ``Supplement to the SIP for Washington State, A Plan for 
Attaining and Maintaining National Ambient Air Quality Standards for 
Ozone in Central Puget Sound,'' sections 6.0, 6.1, and 6.2, adopted 
January 22, 1993.
    (C) ``Supplement to the SIP for Washington State, A Plan for 
Attaining and Maintaining National Ambient Air Quality Standards for 
Ozone in the Vancouver Air Quality Maintenance Area,'' sections 7.0, 
7.1, 7.2, and 7.3, adopted January 22, 1993.
    (47) On November 5, 1990, December 27, 1990, November 15, 1991 and 
May 11, 1994 the Director of WDOE submitted to EPA SIP revisions for the 
purpose of bringing about attainment of the National ambient air quality 
standards (NAAQS) for particulate matter with an aerodynamic diameter 
less than or equal to a nominal 10 micrometers (PM-10). The 
implementation plan was submitted by the State to satisfy certain 
Federal Clean Air Act requirements for an approvable moderate 
nonattainment area PM-10 SIP for Seattle, Washington.
    (i) Incorporation by reference.
    (A) Letters dated November 5, 1990, December 27, 1990, November 13, 
1991 and May 2, 1994, from WDOE to EPA submitting the revisions to the 
SIP for the State of Washington.
    (B) Revisions to the Washington SIP for the purpose of bringing 
about attainment of the National ambient air quality standards (NAAQS) 
for particulate matter with an aerodynamic diameter less than or equal 
to a nominal 10 micrometers (PM-10):
    (1) A Plan for Attaining and Maintaining the National Ambient Air 
Quality Standard for PM-10 in the Seattle Duwamish Valley, September 
1989, adopted November 3, 1990;
    (2) Resolution No. 639 (amendments to the PM-10 attainment and 
maintenance strategy), adopted December 8, 1988;
    (3) State Implementation Plan for Particulate Matter in the Seattle 
Duwamish Valley, Supplement, dated November 199l, adopted November 14, 
1991; and
    (4) State Implementation Plan for Particulate Matter in the Seattle 
Duwamish Valley, Supplement, dated January 1, 1994, adopted May 4, 1994.
    (48) On November 15, 1991, the Director of WDOE submitted to EPA a 
PM-10 nonattainment area SIP revision for the purpose of bringing about 
attainment of the National ambient air quality standards (NAAQS) for 
particulate matter with an aerodynamic diameter less than or equal to a 
nominal 10 micrometers (PM-10). The implementation plan was submitted by 
the State to satisfy certain Federal Clean Air Act requirements for an 
approvable moderate nonattainment area PM-10 SIP for Tacoma, Washington.
    (i) Incorporation by reference.
    (A) Letters dated November 13, 1991 and June 30, 1994 from WDOE to 
EPA submitting revisions to the State of Washington SIP.
    (B) State Implementation Plan for Particulate Matter in the Tacoma 
Tideflats, Pierce County, including appendices A-F, dated November 1991, 
and adopted November 14, 1991.
    (49) On November 10, 1993, the State of Washington Department of 
Ecology submitted a CO State Implementation Plan for Clark County, 
Washington.
    (i) Incorporation by reference.
    (A) November 10, 1993 letter from the State of Washington Department 
of Ecology to EPA Region 10 submitting the CO State Implementation Plan 
for Clark County, Washington.
    (B) Supplement to a Plan for Attaining and Maintaining National 
Ambient Air Quality Standards for Carbon Monoxide in the Vancouver Air 
Quality Maintenance Area, Replacement Pages, as adopted by the 
Washington State

[[Page 1016]]

Department of Ecology on November 15, 1993.
    (50) By a letter dated December 29, 1993, the Director of WDOE 
submitted to the Regional Administrator of EPA a revision to the 
Washington SIP updating the regulations from the Northwest Air Pollution 
Authority.
    (i) Incorporation by reference.
    (A) The December 29, 1993 letter from the Director of the Washington 
State Department of Ecology submitting the Northwest Air Pollution 
Authority Regulations as a revision to the Washington SIP.
    (B) Regulations of the Northwest Air Pollution Authority--sections 
100, 101, 102, 103, 104.1, 105, 106, 110, 111, 112, 113, 114, 120, 121, 
122, 123, 124, 130, 131, 132, 133, 134, 135, 140, 145, 150, 180, 200, 
300, 301, 302, 303, 310, 320, 321, 322, 323, 324, 325, 340, 341, 342, 
360, 365, 366, 400, 401, 410, 420, 421, 424, 450, 451, 452 (except for 
452.5.), 455, 458, 460, 462, 466, 510, 520, 550, 560, and 580, effective 
on September 8, 1993.
    (51) On April 11, 1994 the Washington Department of Ecology (WDOE) 
submitted the Southwest Air Pollution Control Authority (SWAPCA) 400 
General Regulations for Air Pollution Sources as a revision to the 
Washington State Implementation Plan (SIP).
    (i) Incorporation by reference.
    (A) April 11, 1994 letter from the Director of WDOE to EPA Region 10 
submitting the Southwest Air Pollution Control Authority SWAPCA 400 
Regulation, General Regulations for Air Pollution Sources.
    (B) Regulations of the Southwest Air Pollution Control Authority--
Sections 010; 020; 030 except the second sentences of (14) and (43); 040 
except (1)(c) and (1)(d) (2) (4) and the exception provision of (6)(a); 
050 except the exception provision of (3); 052; 060; 070 except (7); 
081; 090; 100 except the first sentence of (3)(a)(iv) and (5); 101; 105; 
107; 110; 112; 113; 114; 151; 161; 171; 190; 200; 205; 210; 220; 230; 
240; 250; and 260, effective on November 8, 1993.
    (52) On December 6, 1994, the Director of WDOE submitted to EPA a 
contingency measure SIP revision for the Puget Sound Carbon Monoxide 
Nonattainment Area to satisfy certain applicable requirements of the 
Act.
    (i) Incorporation by reference.
    (A) Letter dated November 30, 1994 from WDOE to EPA submitting the 
CO revision for the Puget Sound area and, ``A Plan for Attaining and 
Maintaining National Ambient Air Quality Standards for the Puget Sound 
Carbon Monoxide Nonattainment Area,'' replacement pages 10-1 through 10-
3, dated November 16, 1994, adopted November 29, 1994, and Attachment B 
of Addendum E, ``Contingency Measure Plan Element for the Central Puget 
Sound Region Carbon Monoxide State Implementation Plan--Final Plan,'' 
pages 1-15, dated May 26, 1994, and adopted November 29, 1994.
    (53) Various minor revisions consisting of amended regulations 
affecting a local air agency, the Puget Sound Air Pollution Control 
Agency, and a recodified Table of Contents for the SIP were submitted to 
EPA from WDOE for inclusion into the Washington SIP.
    (i) Incorporation by reference.
    (A) Letters dated April 28, May 25, and December 5, 1994 from the 
Director of the Washington State Department of Ecology to the EPA 
Regional Administrator submitting minor revisions to PSAPCA's 
regulations for inclusion into the SIP: Puget Sound Air Pollution 
Control Agency, Regulations I, II, and III, adopted on May 4, 1994; 
Puget Sound Air Pollution Control Agency, Regulations I, II, and III, 
adopted on May 25, 1994; and Puget Sound Air Pollution Control Agency, 
Regulations I, II, and III, adopted on December 8, 1994.
    (B) Letter dated January 26, 1995 from the Director of the 
Washington State Department of Ecology to the EPA Regional Administrator 
submitting the Recodified SIP Table of Contents, dated January 1995, and 
adopted on February 1, 1995.
    (54) On March 8, 1994, the Director of WDOE submitted to the 
Regional Administrator of EPA numerous revisions to the State of 
Washington Implementation Plan which included updated new source review 
regulations and provisions for voluntary limits on a source's potential 
to emit. The revisions were submitted in accordance with the 
requirements of section 110 and Part D of the Clean Air Act (hereinafter 
the Act).
    (i) Incorporation by reference.

[[Page 1017]]

    (A) March 8, 1994 and May 8, 1995 letters from WDOE to EPA 
submitting requests for revisions to the Washington SIP consisting of an 
amended state regulation; Chapter 173-400 Washington Administrative Code 
General Regulations for Air Pollution Sources, adopted on August 20, 
1993, in its entirety with the exception of the following sections: -
040(1)(c) and (d); -040(2); -040(4); the second paragraph of -040(6); 
the exception provision in -050(3); -070(7); -075; -112(8); -113(5); -
114; -115; -120; -131; -136; -141; and -180.
    (55) On January 22, 1993 the Director of the Washington State 
Department of Ecology (WDOE) submitted the amendment to the Washington 
SIP for Carbon Monoxide (CO) in the King, Pierce, and Snohomish 
Counties' Urbanized Areas.
    (i) Incorporation by reference.
    (A) The January 22, 1993 letter from the Director of the WDOE 
submitting the Amendment to the Washington SIP for Carbon Monoxide in 
the King, Pierce, and Snohomish Counties' Urbanized Areas to EPA, 
``Supplement to the SIP for Washington State, Puget Sound Carbon 
Monoxide Nonattainment Area, January 1993,'' Section 6.0 Vehicle Miles 
Traveled Forecasting and Tracking, adopted on January 22, 1993.
    (ii) Additional material.
    (A) VMT supplements to include the VMT Tracking Report data required 
for the Puget Sound CO Nonattainment Areas, dated October 13, 1994 and 
September 19, 1994.
    (56) On February 14, 1995, the Director for the Washington State 
Department of Ecology (WDOE) submitted amended regulations for the 
Northwest Air Pollution Authority (NWAPA) as a revision to the 
Washington State Implementation Plan (SIP).
    (i) Incorporation by reference.
    (A) The February 7, 1995 letter from the Director of WDOE submitting 
the amended NWAPA regulations to the Environmental Protection Agency 
(EPA); the Northwest Air Pollution Authority Regulations (approving 
sections 104.1, 132, 133, 200, 300, 301, 302, 322, 324 (except for 
324.121), 340, 451, 462, 580) adopted on February 10, 1995.
    (57) On May 2, 1995, WDOE submitted to EPA revisions to the 
Washington SIP addressing the conditional approval of the State 
Implementation Plan (SIP) for particulate matter (PM10) in the Tacoma 
TIdeflats PM10 Nonattainment Area.
    (i) Incorporation by reference.
    (A) May 2, 1995 letter from WDOE to EPA Region submitting the SIP 
revision for Particulate Matter in the Tacoma Tideflats, A Plan for 
Attaining and Maintaining the National Ambient Air Quality Standard for 
PM10, Supplement May 1995, adopted on May 4, 1995.
    (58) On February 21, 1995 and May 11, 1994, WDOE submitted to EPA 
revisions to the Washington SIP addressing the contingency measures for 
the Seattle and Kent PM-10 nonattainment plans.
    (i) Incorporation by reference.
    (A) February 21, 1995 letter from the Washington Department of 
Ecology to EPA Region 10 submitting PSAPCA Section 13.07--Contingency 
Plan, adopted December 8, 1994, as a revision to the Seattle PM-10 
attainment plan and the Washington SIP.
    (B) May 11, 1994 letter from WDOE to EPA Region 10 submitting 
clarifying documentation to the contingency measure for Kent Valley PM-
10 attainment plan.
    (59) Various minor revisions consisting of amended regulations 
affecting a local air agency, PSAPCA, were submitted to EPA from the 
WDOE for inclusion into the Washington SIP.
    (i) Incorporation by reference.
    (A) Letters dated May 17, and September 7, 1995 from the Director of 
the WDOE to the EPA Regional Administrator submitting minor revisions to 
PSAPCA's regulations for inclusion into the SIP: PSAPCA, Regulation I 
adopted on May 22, 1995; PSAPCA, Regulation III adopted on September 11, 
1995.
    (60) On November 29, 1995 the Director of WDOE submitted to the 
Regional Administrator of EPA the Energy Facility Site Evaluation 
Council Regulations (EFSEC) as a revision to the Washington State 
Implementation Plan (SIP).
    (i) Incorporation by reference.
    (A) The November 29, 1995 letter from WDOE to EPA submitting 
requests for

[[Page 1018]]

revisions to the Washington SIP to include the Energy Facility Site 
Evaluation Council Regulations; EFSEC Regulation Chapter 463-39 
Washington Administrative Code General and Operating Permit Regulations 
for Air Pollution Sources, (excluding the following sections: 005 (2) 
through (4); -070; -090; -105; -115; -140; those portions of -005(1), -
020, -030, -095, -100, and -120 containing any reference to regulations 
or provisions of regulations in Chapters 173-400, 173-401, 173-406, 173-
460, or 463-58a) adopted on November 16, 1995.
    (61) SIP revisions received from WDOE on August 21, 1995, requiring 
vehicle owners to comply with its I/M program in the two Washington 
ozone nonattainment areas classified as ``marginal'' and in the three 
carbon monoxide nonattainment areas classified as ``moderate''. This 
revision applies to the Washington counties of Clark, King, Pierce, 
Snohomish, and Spokane.
    (i) Incorporation by reference.
    (A) July 26, 1995 letter from Director of WDOE to the Regional 
Administrator of EPA submitting revisions to WDOE's SIP consisting of 
the July 1995 Washington State Implementation Plan for the Motor Vehicle 
Inspection and Maintenance Program (including Appendices A through F), 
adopted August 1, 1995, and a supplement letter and ``Tools and 
Resources'' table dated May 10, 1996.
    (62) On September 30, 1994, the Director of WDOE submitted to the 
Regional Administrator of EPA a revision to the Carbon Monoxide State 
Implementation Plan for, among other things, the CO attainment 
demonstration for the Central Puget Sound carbon monoxide nonattainment 
area. This was submitted to satisfy federal requirements under section 
187(a)(7) of the Clean Air Act, as amended in 1990, as a revision to the 
carbon monoxide State Implementation Plan.
    (i) Incorporation by reference.
    (A) September 30, 1994, letter from WDOE to EPA submitting an 
attainment demonstration revision for the Central Puget Sound CO 
nonattainment area (adopted on September 30, 1994); a supplement letter 
and document from WDOE, ``Reexamination of Carbon Monoxide Attainment 
Demonstration for the Tacoma Carbon Monoxide Monitoring Site for the 
Supplement to the State Implementation Plan for Washington State, A Plan 
for Attaining and Maintaining National Ambient Air Quality Standards for 
Carbon Monoxide in the Puget Sound Nonattainment Area,'' dated May 10, 
1996; and a supplement letter and document from WDOE, ``Revisions to the 
May 1996 Reexamination of Carbon Monoxide Attainment Demonstration for 
the Tacoma Carbon Monoxide Monitoring Site'', dated September 12, 1996.
    (63) On September 30, 1994, the Director of WDOE submitted to the 
Regional Administrator of EPA a revision to the carbon monoxide State 
Implementation Plan for, among other things, the 1990 and 1995 Emission 
Inventories for Area, Nonhighway Mobile, and On-Road Mobile Sources.
    (i) Incorporation by reference.
    (A) September 30, 1994, letter from WDOE to EPA submitting emission 
inventories for the Puget Sound CO nonattainment area (adopted on 
September 30, 1994); NonHighway Mobile Sources Emission Inventory for 
Carbon Monoxide and Precursors of Ozone for King, Pierce and Snohomish 
Counties Base Year 1990, dated December 1993; Stationary Area Sources 
Emission Inventory for Carbon Monoxide and Precursors of Ozone for King, 
Pierce and Snohomish Counties Base Year 1990, dated December 1993; 
Stationary Area Sources Emission Inventory for Carbon Monoxide and 
Precursors of Ozone for King, Pierce and Snohomish Counties Projection 
Year 1995, dated September 1994; Supplement to the SIP, ``Puget Sound 
Carbon Monoxide Nonattainment Area,'' Replacement Pages, dated September 
1994; Non-Road Mobile Sources Emission Inventory for Carbon Monoxide and 
Precursors of Ozone for King, Pierce and Snohomish Counties, Base Year 
1990, dated September 1994; Non-Highway Mobile Sources Projections for 
1995 Emission Inventory for Carbon Monoxide and Precursors of Ozone for 
King, Pierce and Snohomish Counties, dated September 1994; Seattle-
Tacoma Urban Carbon Monoxide Nonattainment Area 1990 Base Year On Road 
Mobile Source Emissions Inventory, dated August 1994; and Seattle-

[[Page 1019]]

Tacoma Urban Carbon Monoxide Nonattainment Area 1995 Projected Year On 
Road Mobile Source Emissions Inventory, dated August 1994.
    (64) Minor revisions consisting of amended regulations affecting 
WDOE and a local air agency, PSAPCA, were submitted to EPA from WDOE for 
inclusion into the Washington SIP.
    (i) Incorporation by reference.
    (A) Letters dated January 26, 1995 and December 27, 1995 from the 
Director of the WDOE to the EPA Regional Administrator which included 
deletion of two regulations from the Washington SIP (Chapter 173-402 WAC 
Civil Sanctions under Washington Clean Air Act, and Chapter 173-440 WAC 
Sensitive Areas), adopted on February 1, 1995, and the following 
revisions to PSAPCA's regulations for inclusion into the SIP: Regulation 
I, Section 3.11 Civil Penalties, Section 5.07 Registration Fees, and 
Section 5.11 Registration of Oxygenated Gasoline Blenders; and 
Regulation III, Section 1.01 Policy, all adopted on September 14, 1995.
    (65) Several minor revisions consisting of amended regulations 
affecting a local air agency, the Puget Sound Air Pollution Control 
Agency, were submitted to EPA from the Washington State Department of 
Ecology for inclusion into the Washington State Implementation Plan.
    (i) Incorporation by reference.
    (A) Letter dated May 24, 1996 from the Director of the Washington 
State Department of Ecology to the EPA Regional Administrator submitting 
revisions to the Puget Sound Air Pollution Control Agency regulations 
for inclusion into the State Implementation Plan: Puget Sound Air 
Pollution Control Agency, Regulation I, Article 8, Outdoor Fires, 
sections 8.02, Outdoor Fires-Prohibited Types, and 8.05, Agricultural 
Burning, effective 3/14/96; Puget Sound Air Pollution Control Agency, 
Regulation III, Article 3, Source-Specific Emission Standards, section 
3.03, Perchloroethylene Dry Cleaners, effective 12/14/95.
    (66) On March 4, 1996 the Director of WDOE submitted to the Regional 
Administrator of EPA a revision to the Ozone State Implementation Plan 
for the Puget Sound area requesting the Puget Sound Nonattainment Area 
be reclassified to attainment and containing a maintenance plan that 
demonstrates continued attainment of the NAAQS for ozone. The emission 
inventory projections are included in the maintenance plan.
    (i) Incorporation by reference.
    (A) Letter submitted on March 4, 1996 from the Washington State 
Department of Ecology requesting the redesignation and submitting the 
maintenance plan; Central Puget Sound Region Redesignation Request and 
Maintenance Plan for the National Ambient Ozone Standard adopted on 
Febuary 6, 1996.
    (ii) Additional material.
    (A) Appendices to the Central Puget Sound Region Redesignation 
Request and Maintenance Plan for the National Ambient Ozone Standard, 
November 1995: Appendix A, Technical Analysis Protocol; Appendix B, 
Ozone Air Quality Monitoring Site Network; Appendix C, Ambient Ozone 
Monitoring Data; Appendix D, Historical and Projected Puget Sound Region 
VMT and Employment; Appendix E, 1993-2010 Emission Inventory Projection; 
Appendix F, Transportation Conformity Process; Appendix G, Outline of 
Puget Sound Tropospheric Ozone Research Plan; and Appendix H, 
Prospective Vehicle Inspection and Maintenance (Vehicle I/M) Program 
Evaluation Outline.
    (67) On February 29, 1996 the Director of WDOE submitted to the 
Regional Administrator of EPA a revision to the Carbon Monoxide State 
Implementation Plan for the Central Puget Sound area containing a 
maintenance plan that demonstrated continued attainment of the NAAQS for 
carbon monoxide through the year 2010 and also containing an oxygenated 
fuels program as a contingency measure to be implemented if the area 
violates the CO NAAQS.
    (i) Incorporation by reference.
    (A) The February 29, 1996 letter from WDOE to EPA requesting the 
redesignation of the Puget Sound carbon monoxide nonattainment area to 
attainment and submitting the maintenance plan; the Central Puget Sound 
Region Redesignation Request and Maintenance Plan for the National 
Ambient Carbon Monoxide Standard dated January 1996.

[[Page 1020]]

    (ii) Additional material.
    (A) Letter dated May 2, 1996, to EPA from the Puget Sound Air 
Pollution Control Agency, subject ``Carbon Monoxide SIP Applicability on 
Indian Lands;'' and Appendices to the Puget Sound Region Redesignation 
Request and Maintenance Plan for the National Ambient Carbon Monoxide 
Standard dated January 1996: Appendix A, Technical Analysis Protocol; 
Appendix B, Carbon Monoxide Air Quality Data Monitoring Network; 
Appendix C, Ambient Carbon Monoxide Monitoring Data; Appendix D, 
Historical and Projected Puget Sound Region VMT and Employment; Appendix 
E, Emission Inventory Projection; Appendix F, Analysis of the 
Probability of Continued CO Attainment in Puget Sound; and Appendix G, 
Transportation Conformity Process.
    (68) On March 19, 1996, the Director of Washington State Department 
of Ecology (Washington) submitted to the Regional Administrator of EPA a 
revision to the Carbon Monoxide State Implementation Plan for the 
Vancouver area containing a maintenance plan that demonstrated continued 
attainment of the NAAQS for carbon monoxide through the year 2006 and 
also containing an oxygenated fuels program as a contingency measure to 
be implemented if the area violates the CO NAAQS.
    (i) Incorporation by reference.
    (A) Letter dated March 19, 1996 from Washington to EPA requesting 
the redesignation of the Vancouver carbon monoxide nonattainment area to 
attainment and submitting the maintenance plan; the ``Supplement to the 
State Implementation Plan for Carbon Monoxide (CO) in Vancouver, WA--
Redesignation Request for Vancouver, WA as Attainment for CO,'' dated 
December 19, 1995, and adopted on February 29, 1996.
    (B) Letters dated January 22, 1993 and April 22, 1994 from 
Washington to EPA submitting a revision and replacement pages to the 
State Implementation Plan; enclosure dated November 1992 entitled 
``Portland-Vancouver Carbon Monoxide Non-attainment Area (Washington 
State Portion), 1990 Base Year Emissions Inventory,'' together with the 
emission inventory replacement pages for carbon monoxide in Vancouver, 
dated December 1993.
    (ii) Additional material.
    (A) Appendices to the Vancouver Area Redesignation Request and 
Maintenance Plan for the National Ambient Carbon Monoxide Standard dated 
December 1995: Appendix A, Technical Analysis Protocol; Appendix B, 
Carbon Monoxide Air Quality Data Monitoring Network; Appendix C, Carbon 
Monoxide Saturation Study; Appendix D, Carbon Monoxide Air Quality 
Monitoring Data; Appendix E, Emission Inventory; Appendix F, Conformity 
Process; Appendix G, Historical and Projected Population, Employment and 
Households; Appendix H, Portland/Vancouver Carbon Monoxide Nonattainment 
Area Separation Documentation; Appendix I, Washington Department of 
Ecology Vancouver Carbon Monoxide Study; and Appendix J, Maintenance 
Planning Process.
    (69) EPA received from the Washington Department of Ecology 
PM10 nonattainment area plans for Wallula and Spokane, 
Washington, as revisions to the Washington state implementation plan.
    (i) Incorporation by reference.
    (A) November 13, 1991 letter from Washington Department of Ecology 
(WDOE) to EPA Region 10 submitting the State Implementation Plan for 
Particulate Matter in the Wallula Study Area, A Plan for Attaining and 
Maintaining the National Ambient Air Quality Standard for 
PM10 (including Appendices ``D'' (Exceptional Events 
Analysis), ``E'' (Reasonably Available Control Measure Analysis), ``F'' 
(Reasonably Available Control Technical Analysis of Boise Cascade, 
Wallula), and ``H'' (Discussion of Modified Attainment Demonstration)), 
adopted November 14, 1991; May 18, 1993 letter from WDOE forwarding a 
report titled, ``Addendum to the State Implementation Plan for the 
Wallula PM-10 Nonattainment Area, Reasonably Available Control Measure 
Analysis'', further describing the control measures being implemented in 
the area; June 23, 1994 letter from WDOE providing additional 
information describing the status of the control measures and forwarding 
an analysis of windblown dust in the area; April 28 and May 18, 1995, 
letters from WDOE to

[[Page 1021]]

EPA Region 10, providing additional information on the allowable and 
fugitive emissions for point sources and air quality dispersion 
modeling; June 1, 1995, letter from WDOE providing information on 
allowable emissions; and a September 6, 1995, letter from WDOE 
forwarding a revised emission inventory for point sources within the 
Wallula nonattainment area.
    (B) December 9, 1994, letter from WDOE submitting the Spokane 
PM10 Attainment Plan (including Appendices ``C'' (Analysis of 
PM10 Data/Exceedances of the 24-Hour Standard), ``E'' 
(Detailed Analysis of Dust Storms/Analysis of the Impact of Biogenic 
PM10 Sources), ``F'' (Analysis of PM10 Data/
Exceedances of the 24-Hour Standard, Excluding Dust Storms), ``I'' 
(Reasonable Available Control Measures Analysis), ``J,'' (Additional 
Controls/Contingency Measures), ``K,'' (Dispersion Modelling and 
Attainment Demonstration), and ``L,'' (Demonstration of Attainment of 
the Annual Standard)), dated December 1994, and adopted December 12, 
1994;
    (C) Spokane County Air Pollution Control Authority (SCAPCA) Order 
No. 91-01 providing for an alternate opacity limit for the Kaiser 
Aluminum and Chemical Corporation, Trentwood aluminum facility; SCAPCA 
Orders 96-03, 96-04, 96-05 and 96-06 (all dated April 24, 1996) lowering 
the potential to emit for the Kaiser Aluminum--Trentwood facility; and
    (D) SCAPCA regulations: Article VI, section 6.05, ``Particulate 
Matter and Preventing Particulate Matter from Becoming Airborne,'' 
section 6.14, ``Standards for Control of Particulate Matter on Paved 
Surfaces,'' and section 6.15, ``Standards for Control of Particulate 
Matter on Unpaved Roads;'' (effective November 12, 1993); and Article 
VIII, ``Solid Fuel Burning Device Standards,'' (adopted April 7, 1988).
    (ii) Additional material.
    (A) SCAPCA's zoning ordinance provisions requiring the paving of new 
parking lots (4.17.059 and 4.802.080 of the Zoning Code of Spokane 
County, dated 5/24/90).
    (70) On January 24, 1996 the Director of WDOE submitted to the 
Regional Administrator of EPA regulations of the SWAPCA for the control 
of air pollution in Clark, Cowlitz, Lewis, Skamania and Wahkiakum 
Counties, Washington (SWAPCA 400--General Regulation for Air Pollution 
Sources).
    (i) Incorporation by reference.
    (A) The January 24, 1996, letter from WDOE to EPA submitting 
requests for revisions to the Washington SIP to include regulations of 
the SWAPCA for the control air of pollution in Clark, Cowlitz, Lewis, 
Skamania and Wahkiakum Counties, Washington, as revisions to the 
Washington SIP, State-effective September 21, 1995. EPA is approving the 
following sections of SWAPCA 400--General Regulation for Air Pollution 
Sources: 010; 020; 030 except the second sentence of (14), (45) and 
(80); 040 except (1)(c), (1)(d), (2), (4) and (6)(a); 050 except the 
exception provision of (3); 052; 060; 070 except (5); 074; 081; 091; 100 
except the first sentence of (3)(a)(iv) and (4); 101; 105; 107; 109 
except for (3)(b), (3)(c), (3)(g), (3)(h), and (3)(i), 110; 112; 113; 
114; 151; 161; 171; 190; 200; 205; 210; 220; 230; 240; 250; 260; 270; 
and 280.
    (71) On March 6, 1996, the Director of the Washington State 
Department of Ecology (Ecology) submitted to the Regional Administrator 
of EPA a revision to the Puget Sound Air Pollution Control Agency 
Regulations, Regulations I, II, and III.
    (i) Incorporation by reference.
    (A) Letter dated August 6, 1996 from the Department of Ecology to 
EPA revising the Puget Sound Air Pollution Control Agency Regulations; 
Regulation II Section 3.11 (Coatings and Ink Manufacturing), effective 
on May 16, 1996; and Regulation III Section 3.01 (Hard and Decorative 
Chromium Electroplating and Chromium Anodizing), effective on July 18, 
1996.
    (72) On November 26, December 3, and December 11, 1996, the Director 
of the Washington State Department of Ecology (Washington) submitted to 
the Regional Administrator of EPA revisions to the State Implementation 
Plan consisting of amendments to Washington regulations which remove the 
requirement for oxygenated gasoline in the Vancouver and Central Puget 
Sound areas.
    (i) Incorporation by reference.

[[Page 1022]]

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

    Editorial Note: At 62 FR 42217, Aug. 6, 1997, the following 
paragraph (c)(73) was added to Sec. 52.2470; however, paragraph (c)(73) 
already exists in the 1997 edition.
    (73) On November 26, 1996 and April 7, 1997, the Director of the 
Washington State Department of Ecology (Washington) submitted to the 
Regional Administration of EPA revisions to the State Implementation 
Plan consisting of minor amendments to Puget Sound Air Pollution Control 
Agency (PSAPCA) Regulations I and III.
    (i) Incorporation by reference.
    (A) PSAPC Regulations approved--Regulation I, Sections 3.11, 3.23, 
5.02, 5.05, 5.07, 6.03, 7.09--State-adopted 9/12/96. Regulation III, 
Section 4.03--State-adopted 9/12/96. Regulation I, Sections 5.03 and 
6.04--State-adopted 12/12/96. Regulation III, Sections 1.11, 2.01, and 
2.05--State-adopted 12/12/96.
    (74) On November 26, 1996 and April 7, 1997, the Director of the 
Washington State Department of Ecology (Washington) submitted to the 
Regional Administration of EPA revisions to the State Implementation 
Plan consisting of minor amendments to Puget Sound Air Pollution Control 
Agency (PSAPCA) Regulations I and III.
    (i) Incorporation by reference.
    (A) PSAPCA Regulations approved--Regulation I, Sections 3.11, 3.23, 
5.02, 5.05, 5.07, 6.03, 7.09--State-adopted 9/12/96. Regulation III, 
Section 4.03--State-adopted 9/12/96. Regulation I, Sections 5.03 and 
6.04--State-adopted 12/12/96. Regulation III, Sections 1.11, 2.01 and 
2.05--State-adopted 12/12/96.
    (75) On January 22, 1993, September 14, 1993, and April 30, 1996, 
the Director of the Washington Department of Ecology submitted to the 
Regional Administrator of EPA four revisions to the SIP consisting of 
amendments to the Spokane CO SIP.
    (i) Incorporation by reference.
    (A) Letter dated January 22, 1993, from Washington to EPA requesting 
approval of revisions to the Spokane CO portion of the Washington State

[[Page 1023]]

Implementation Plan; the ``Supplement to the State Implementation Plan 
for Washington State, Spokane Carbon Monoxide Nonattainment Area,'' 
dated January 1993, Sections 6.0, 6.1, 6.3, and 6.4.
    (B) Letter dated September 14, 1993, from Washington to EPA 
providing supplementary information to that submitted on January 22, 
1993; ``Spokane County Carbon Monoxide Non-attainment Area 1990 Base 
Year Emissions Inventory,'' dated November 1992.
    (C) Two letters dated April 30, 1996, from Washington to EPA 
submitting two revisions to the SIP; ``Supplement to A Plan for 
Attaining and Maintaining National Ambient Air Quality Standards for the 
Spokane Carbon Monoxide Nonattainment Area,'' dated March 1995; and 
``Supplement to the State Implementation Plan for Washington State, 
Spokane County Carbon Monoxide Nonattainment Area, Supplement 1 of 2,'' 
replacement pages for Sections 2.5 and 6.2 of Section 4.5.2.CO.1 of the 
State Implementation Plan, dated January 1996; ``Supplement to the State 
Implementation Plan for Washington State, Spokane County Carbon Monoxide 
Nonattainment Area, Supplement 2 of 2,'' new Section 10.0, Contingency 
Measures, of Section 4.5.2.CO.1 of the State Implementation Plan, dated 
January 1996; and Spokane County Air Pollution Control Authority Motor 
Fuel Specifications for Oxygenated Gasoline, Regulation I, Article VI, 
Section 6.16, adopted July 6, 1995.
    (ii) Additional material.
    (A) Letter of September 29, 1995, submitting CO Periodic Emission 
Inventory Reports; ``Spokane County Carbon Monoxide Nonattainment Area, 
1993 Periodic Update Emissions Inventory,'' dated September 1995.
    (76) On March 24, 1989, the Washington Department of Ecology 
submitted a plan for attaining and maintaining the NAAQS for PM10 in the 
Yakima PM10 moderate nonattainment area requesting EPA's review and 
approval. The plan was amended with additional submittals between 1992 
and 1995.
    (i) Incorporation by reference.
    (A) The attainment plan is contained in the following documents: a 
submittal of March 24, 1989, adopted that same date, from Washington 
State Department of Ecology, titled, State Implementation Plan for 
Particulate Matter--Yakima Area A Plan for Attaining and Maintaining the 
National Ambient Air Quality Standard for PM10; a supplement to the plan 
adopted August 19, 1992, titled, Supplement State Implementation Plan 
for Particulate Matter (PM10) in Yakima, WA and an addendum adopted 
February 3, 1994 on contingency measures.
    (B) Portions of Restated Regulation I of the Yakima County Clean Air 
Authority, effective December 15, 1995, including Article I; Article II 
except Section 2.01; Article III; Article IV; Article V except Section 
5.09; Article VIII; Article IX; Article XI; Article XII except Section 
12.02; and, Article XIII except Sections 13.04 and 13.05.
    (ii) Additional material:
    (A) August 19, 1992: A modeling and inventory supplement to the 
original plan.
    (B) March 10, 1995: A supplemental information package primarily on 
emissions and modeling.
    (C) June 27, 1995: A supplemental letter on monitoring, public 
notice and emissions.
    (D) August 17, 1995: A supplemental emissions analysis.
    (E) November 3, 1995: More emissions analysis and the maintenance 
demonstration.
    (77) On December 30, 1997, the Director of the Washington State 
Department of Ecology submitted to the Regional Administration of EPA 
revisions to the State Implementation Plan consisting of minor 
amendments to Puget Sound Air Pollution Control Agency (PSAPCA) 
Regulation I.
    (i) Incorporation by reference.
    (A) PSAPCA Regulations approved--Regulation I, Sections 3.11, 5.05, 
5.07, 6.04, 6.10--State-adopted 9/11/97.
    (78) EPA approves a minor revision to the SIP dated January 8, 1998 
to include a variance to a permit issued to the U.S. Army for the 
operation of three heat recovery incinerators located at Fort Lewis by 
local air pollution control agency, the Puget Sound Air Pollution 
Control Agency.
    (i) Incorporation by reference.

[[Page 1024]]

    (A) Puget Sound Air Pollution Control Agency, Notice of Construction 
No. 7216, Date: Nov 25, 1997.
    (79) February 22, 1999, letter from WDOE submitting a revision and 
replacement pages to the State Implementation Plan for the Spokane PM-10 
Attainment Plan that will preserve the applicability of Section 6.14 
Standards for Control of Particulate Matter on Paved Surfaces, and 
Section 6.15 Standards for Control of Particulate Matter on Unpaved 
Roads, should the area be redesignated as attainment or the pre-existing 
PM-10 standard is revoked for Spokane.
    (i) Incorporation by reference.
    (A) Spokane County Air Pollution Control Authority's Regulation I., 
Article VI: Section 6.14 Standards for Control of Particulate Matter on 
Paved Surfaces and; Section 6.15 Standards for Control of Particulate 
Matter on Unpaved Roads, effective February 13, 1999.
    (80) On August 16, 1999, the Washington State Department of Ecology 
submitted a maintenance plan and redesignation request for the Thurston 
County PM-10 nonattainment area (dated June 11, 1997). EPA approves the 
Thurston County, Washington PM-10 area maintenance plan and the 
redesignation to attainment.
    (81) On August 23, 1999, the Washington State Department of Ecology 
requested the redesignation of Kent, Seattle, and Tacoma PM-10 
nonattainment areas to attainment of the National Ambient Air Quality 
Standard for particulate matter. EPA approves the State's PM-10 
maintenance plan for Kent, Seattle, and Tacoma and request for 
redesignation to attainment.
    (i) Incorporation by reference.
    (A) Revised Code of Washington (RCW) 70.94.477(2), dated 1995.
    (B) RCW 70.94.457, dated 1995.
    (ii) Additional Material.
    (A) August 23, 1999, letter from Washington State Department of 
Ecology to EPA Region 10 submitting the PM-10 maintenance plan for Kent, 
Seattle, and Tacoma nonattainment areas of Washington.
    (82) On November 5, 1999, the State of Washington, Department of 
Ecology submitted a revision to the Visibility SIP. EPA approves all 
provisions to the November 5, 1999 Visibility SIP revision including, 
but not limited to the 1998 Smoke Management Plan, and South West Air 
Pollution Control Agency, Reasonably Available Control Technology order 
on the Centralia Power plant. EPA is taking no action on Section VIII. 
Identification and Analysis for Best Available Retrofit Technology 
(BART) and Section X, New Source Review, of the November 5, 1999, 
Visibility SIP revision.
    (i) Incorporation by reference.
    (A) South West Air Pollution Control Agency (SWAPCA) regulatory 
order, SWAPCA 97-2057R1, Regulatory Order to Establish RACT Limits and 
Order of Approval, Adopted February 26, 1998.
    (B) [Reserved]
    (83) On December 17, 2003, the Washington Department of Ecology 
submitted carbon monoxide and ozone second 10-year maintenance plans. 
The State's maintenance plans, meet the requirements of the Clean Air 
Act.
    (i) Incorporation by reference.
    (A) Puget Sound Clean Air Agency, Regulation I, Section 8.06, 
Outdoor Burning Ozone Contingency Measure, as in effect December 19, 
2002.
    (B) Puget Sound Clean Air Agency, Regulation II, Section 2.09, 
Oxygenated Gasoline Carbon Monoxide Contingency Measures and Fee 
Schedule, as in effect December 19, 2002.
    (C) Puget Sound Clean Air Agency, Regulation II, Section 2.10, 
Gasoline Station Ozone Contingency Measure, as in effect December 19, 
2002.
    (84) On September 24, 2001 and February 9, 2004, the Washington 
State Department of Ecology submitted amendments to Puget Sound Clean 
Air Agency's regulations (Regulation I, II, and III) as revisions to the 
Washington State implementation plan.
    (i) Incorporation by reference.
    (A) The following new and revised sections of Puget Sound Clean Air 
Agency's Regulations: Regulation I, Sections 1.01, Policy; 1.03, Name of 
Agency; and 1.05, Short Title, adopted September 9, 1999; 3.04, 
Reasonably Available Control Technology [except (e)], adopted March 11, 
1999; 3.06 Credible Evidence, adopted October 8, 1998; 5.03, 
Registration Required [except

[[Page 1025]]

(a)(5)], adopted July 8, 1999; 5.05 General Reporting Requirements for 
Registration, adopted September 10, 1998; 7.09, General Reporting 
Requirements for Operating Permits, adopted September 10, 1998; 8.04, 
General Conditions for Outdoor Burning; 8.05, Agricultural Burning; 
8.09, Description of King County No-Burn Area; 8.10, Description of 
Pierce County No-Burn Area; and 8.11, Description of Snohomish County 
No-Burn Area, adopted November 9, 2000; and 8.12, Description of Kitsap 
County No-Burn Area, adopted October 24, 2002; 9.03, Emission of Air 
Contaminant: Visual Standard [except (e)], adopted March 11, 1999; 9.04, 
Opacity Standards for Equipment with Continuous Opacity Monitoring 
Systems [except (d)(2) and (f)], adopted April 9, 1998; 9.09, 
Particulate Matter Emission Standards, adopted April 9, 1998; 9.15, 
Fugitive Dust Control Measures, adopted March 11, 1999; 9.16, Spray-
Coating Operations, adopted July 12, 2001; 12.01, Applicability and 
12.03, Continuous Emission Monitoring Systems [except (b)(2)], adopted 
April 9, 1998; 13.01, Policy and Purpose, adopted September 9, 1999; and 
13.02, Definitions, adopted October 8, 1998; Regulation II, Sections 
1.01, Purpose; 1.02, Policy; 1.03, Short Title; and 1.05, Special 
Definitions, adopted September 9, 1999; 2.01, Definitions, adopted July 
8, 1999; 2.07, Gasoline Stations, adopted December 9, 1999; 2.08, 
Gasoline Transport Tanks, adopted July 8, 1999; and 3.02, Volatile 
Organic Compound Storage Tanks, adopted July 8, 1999.
    (B) The following Puget Sound Clean Air Agency Notice of 
Construction (NOC) Order of Approvals: Holnam, Inc., Ideal Division (now 
known as LaFarge North America, Inc.) NOC Order of Approval No. 5183, 
effective date February 9, 1994; and Saint-Gobain Containers LLC, NOC 
Order of Approval No. 8244, effective date September 30, 2004.
    (C) Remove the following provisions from the current incorporation 
by reference: Regulation I, Sections 3.01, Duties and Powers of the 
Control Officer; 3.05, Investigations by the Control Officer; 3.07, 
Compliance Tests; 3.09, Violations--Notice; 3.11, Civil Penalties; 3.13, 
Criminal Penalties; 3.15, Additional Enforcement; 3.17, Appeal of 
Orders; 3.19, Confidential Information; 3.21, Separability; 3.23, 
Alternate Means of Compliance; 5.07, Registration Fees; 8.02, Outdoor 
Fires-Prohibited Types; 8.03, Outdoor Fires-Prohibited Areas; 9.03(e), 
Emission of Air Contaminant: Visual Standard; 9.09(c), Particulate 
Matter Emission Standards; 9.11, Emission of Air Contaminant: Detriment 
to Person or Property; 9.13, Emission of Air Contaminant: Concealment 
and Masking Restricted; 11.01, Ambient Air Quality Standards; 11.02, 
Ambient Air Monitoring; 12.02, Continuous Emission Monitoring 
Requirements; and 12.04, Recordkeeping and Report Requirements; 
Regulation II, Sections 2.04, Volatile Organic Compound Storage Tanks; 
and 3.07, Petroleum Solvent Dry Cleaning Systems; and Regulation III.
    (ii) Additional Material.
    (A) The following sections of Puget Sound Clean Air Agency 
Regulation I: Sections 3.01, Duties and Powers of the Control Officer, 
adopted September 9, 1999; 3.05, Investigations by the Control Officer, 
adopted February 10, 1994; 3.07, Compliance Tests, adopted February 9, 
1995; 3.09, Violations--Notice, adopted August 8, 1991; 3.11, Civil 
Penalties, adopted September 26, 2002; 3.13, Criminal Penalties, adopted 
August 8, 1991; 3.15, Additional Enforcement, adopted August 8, 1991; 
3.17, Appeal of Orders, adopted October 8, 1998; 3.19, Confidential 
Information, adopted August 8, 1991; and 3.21, Separability, adopted 
August 8, 1991.
    (85) On November 15, 2004, the Washington State Department of 
Ecology submitted a PM10 Limited Maintenance Plan and requested the 
redesignation of the Spokane County PM10 Nonattainment area to 
attainment for PM10. The State's Limited Maintenance Plan, attainment 
year emissions inventory, and the redesignation request meet the 
requirements of the Clean Air Act. EPA approves the State's Limited 
Maintenance Plan and Moderate Area Plan requirements for the Spokane 
PM10 nonattainment area and request for redesignation to attainment.
    (i) Incorporation by reference.
    (A) Spokane County Air Pollution Control Authority (SCAPCA) orders 
96-03 (modified October 4, 2000), 96-05

[[Page 1026]]

(modified October 4, 2000) and 96-06 (modified October 19, 
2000) to regulate particulate matter emissions from the specific 
emission units of the Kaiser Aluminum and Chemical Corporation, 
Trentwood aluminum facility.
    (86) On November 30, 2004, the Washington Department of Ecology 
(Ecology) submitted a serious area plan for the Wallula serious 
nonattainment area for PM10.
    (i) Incorporation by reference.
    (A) The following terms and conditions limiting particulate matter 
emissions in the following permits or administrative orders:
    (1) Washington Department of Ecology Administrative Order No. 
02AQER-5074 for IBP, Inc. (now known as Tyson Foods Inc.) dated December 
6, 2002 except for the following: Finding number 4 (``T-BACT''), found 
on page 5 of document and item 3.3 of Approval Condition number 3 
(``Emission Limits and Test Methods'') found on page 7 of the document.
    (2) Washington State Department of Ecology Air Operating Permit for 
Boise White Paper, L.L.C. Permit No. 000369-7, dated December 1, 2004, 
the following condition only: 1.Q.1 (``Particulate-fugitive dust'') of 
item Q (``Landfill/Compost Operation'').
    (3) Washington State Department of Ecology Administrative Order for 
Boise Cascade Corporation, Wallula Mill, Order No. 1614-AQ04, dated 
August 19, 2004 and effective September 15, 2004, the following 
condition only: No. 1 (``Approval Conditions'') and Appendix A (``Dust 
Control Plan'' for Boise Paper--Wallula Mill, ``Landfill and Composting 
Areas'') dated February 18, 2004.
    (4) Fugitive Dust Control Plan for Simplot Feeders Limited 
Partnership, dated December 1, 2003.
    (B) [Reserved]
    (ii) Additional Material.
    (A) Washington State Department of Ecology Columbia Plateau 
Windblown Dust Natural Events Action Plan, dated 2003.
    (B) Washington State Department of Ecology Fugitive Dust Control 
Guidelines for Beef Cattle Feedlots and Best Management Practices, dated 
December 13, 1995.
    (87) On September 20, 2001, and November 22, 2004, the Washington 
State Department of Ecology submitted revisions to the Washington State 
Implementation Plan consisting of A Plan for Attaining Carbon Monoxide 
National Ambient Air Quality Standards in the Spokane Serious 
Nonattainment Area. On September 26, 2001, the Washington State 
Department of Ecology submitted minor revisions to the Washington State 
Inspection and Maintenance Program.
    (i) Incorporation by reference.
    (A) Kaiser Aluminum and Chemical Corporation Administrative Order 
No. DE 01AQIS-3285 dated October 24, 2001, and Kaiser Aluminum and 
Chemical Corporation Administrative Order No. DE 01AQIS-3285, Amendment 
1 dated April 9, 2003.
    (B) Washington Administrative Code 173-422-031, ``Vehicle emission 
inspection schedules,'' and Washington Administrative Code 173-422-170, 
``Exemptions,'' as effective 12/2/2000.
    (ii) Additional material. A Plan for Attaining Carbon Monoxide 
National Ambient Air Quality Standards in the Spokane Serious 
Nonattainment Area, adopted September 19, 2001, and November 17, 2004.
    (88) On March 1, 2004, the Washington State Department of Ecology 
submitted amendments to WAC Ch. 173-434, Solid Waste Incinerator 
Facilities, as revisions to the Washington State implementation plan.
    (i) Incorporation by reference.
    (A) The following new and revised sections of WAC Ch. 173-434, Solid 
Waste Incinerator Facilities: WAC 173-434-020, Applicability and 
Compliance; -030, Definitions; -110, Standards of Performance [except 
(1)(a)]; -130, Emission Standards [except (2)]; -160, Design and 
Operation; -170, Monitoring and Reporting; -190, Changes in Operation; 
and -200, Emission Inventory, State effective January 22, 2004.
    (B) Remove the following provisions from the current incorporation 
by reference: WAC 173-434-050, New Source Review (NSR);-070, Prevention 
of Significant Deterioration (PSD); and -100, Requirement of BACT, State 
effective October 18, 1990.

[37 FR 10900, May 31, 1972]

[[Page 1027]]


    Editorial Note: For Federal Register citations affecting Sec. 
52.2470, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.2471  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Eastern Washington-Northern Idaho Interstate..............           I         IA       III         I        III
Northern Washington Intrastate............................          II        III       III       III        III
Olympic-Northwest Washington Intrastate...................          II         II       III       III        III
Portland Interstate.......................................           I         IA       III         I          I
Puget Sound Intrastate....................................           I         IA       III         I          I
South Central Washington Intrastate.......................           I        III       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10900, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 45 
FR 37836, June 5, 1980]



Sec. 52.2472  Extensions.

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

[60 FR 47280, Sept. 12, 1995]



Sec. 52.2473  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Washington's plan for the attainment and maintenance of 
National Standards under section 110 of the Clean Air Act. The 
regulations included in the SIP (See Table 52.2479) are applicable 
statewide unless otherwise noted in the regulation itself. Furthermore, 
the Administrator finds that the plan as identified in Sec. 52.2470 
satisfies requirements of Part D, Title 1, of the Clean Air act as 
amended in 1977, except as noted in the following sections. Continued 
satisfaction of the requirements of Part D for the ozone portion of the 
SIP depends on the adoption and submittal of RACT requirements by July 
1, 1980 for the sources covered by CTGs issued between January 1978 and 
January 1979 and adoption and submittal by each subsequent January of 
additional RACT requirements for sources covered by CTGs issued by the 
previous January. New source review permits pursuant to section 173 of 
CAA will not be deemed valid by EPA unless the provisions of Section V 
of the emission offset interpretive rule published on January 16, 1979 
(44 FR 3274) are met.

[45 FR 37836, June 5, 1980, as amended at 46 FR 45609, Sept. 14, 1981; 
47 FR 7840, Feb. 23, 1982]



Sec. 52.2474  General requirements.

    (a) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the Agency responsible for 
making emission data available to the public, as specified in the 
applicable plan, concerning emissions from any source subject to 
emission limitations which are part of the approved plan may request 
that the appropriate Regional Administrator obtain and make public such 
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.

[[Page 1028]]

    (2) Commencing after the initial notification by the Regional 
Administrator pursuant to paragraph (b)(1) of this section, the owner or 
operator of the source shall maintain records of the nature and amounts 
of emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the plan. The information recorded shall be 
summarized and reported to the Regional Administrator, on forms 
furnished by the Regional Administrator, and shall be submitted within 
45 days after the end of the reporting period. Reporting periods are 
January 1-June 30 and July 1-December 31.
    (3) Information recorded by the owner or operator and copies of this 
summarizing report submitted to the Regional Administrator shall be 
retained by the owner or operator for 2 years after the date on which 
the pertinent report is submitted.
    (4) Emission data obtained from owners or operators of stationary 
sources will be correlated with applicable emission limitations and 
other control measures that are part of the applicable plan and will be 
available at the appropriate regional office and at other locations in 
the state designated by the Regional Administrator.

[40 FR 55334, Nov. 28, 1975]



Sec. 52.2475  Approval of plans.

    (a) Carbon Monoxide.
    (1) Yakima.
    (i) EPA approves as a revision to the Washington State 
Implementation Plan, the Yakima Carbon Monoxide maintenance plan 
submitted by the State on August 31, 2001.
    (ii) [Reserved]
    (2) Spokane.
    (i) EPA approves as a revision to the Washington State 
Implementation Plan, A Plan for Attaining Carbon Monoxide National 
Ambient Air Quality Standards in the Spokane Serious Nonattainment Area 
submitted by the Washington Department of Ecology on September 20, 2001 
and November 22, 2004.
    (ii) EPA approves as a revision to the Washington State 
Implementation Plan, the Spokane Carbon Monoxide Maintenance Plan, 
adopted April 27, 2004 effective June 24, 2004, submitted by the 
Washington Department of Ecology on November 29, 2004.
    (3) Central Puget Sound.
    (i) EPA approves as a revision to the Washington State 
Implementation Plan, the Central Puget Sound Carbon Monoxide and Ozone 
Second 10-Year Maintenance Plans submitted by the State on December 17, 
2003.
    (ii) [Reserved]
    (4) Vancouver.
    (i) EPA approves as a revision to the Washington State 
Implementation Plan, the Vancouver Air Quality Maintenance Area Second 
10-year Carbon Monoxide Maintenance Plan submitted by the Washington 
Department of Ecology on April 25, 2007.
    (ii) [Reserved]
    (b) Lead. [Reserved]
    (c) Nitrogen Dioxide. [Reserved]
    (d) Ozone. [Reserved]
    (e) Particulate Matter.
    (1) Yakima.
    (i) EPA approves as a revision to the Washington State 
Implementation Plan, the Yakima County PM-10 Nonattainment Area Limited 
Maintenance Plan adopted by the Yakima Regional Clean Air Authority on 
June 9, 2004, and adopted and submitted by the Washington Department of 
Ecology on July 8, 2004.
    (ii) [Reserved]
    (2) Wallula.
    (i) EPA approves as a revision to the Washington State 
Implementation Plan, the Wallula Serious Area Plan for PM10 
adopted by the State on November 17, 2004 and submitted to EPA on 
November 30, 2004.
    (ii) EPA approves, as a revision to the Washington State 
Implementation Plan, the Wallula PM10 maintenance plan, 
adopted by the Washington Department of Ecology on March 29, 2005 and 
submitted to EPA.
    (3) Spokane.
    (i) EPA approves as a revision to the Washington State 
Implementation Plan, the Spokane County PM10 Nonattainment Area Limited 
Maintenance Plan adopted by the Spokane Regional Clean Air Authority on 
November 17,

[[Page 1029]]

2004, and adopted and submitted by the Washington Department of Ecology 
on November 30, 2004.
    (f) Sulfur dioxide. [Reserved]
    (g) Visibility. (1) EPA approves as a revision to the Washington 
State Implementation Plan, the November 5, 1999, Visibility SIP 
revision, except that EPA is taking no action on Section VIII. 
Identification and Analysis for Best Available Retrofit Technology 
(BART), and Section X, New Source Review of the November 5, 1999, 
Visibility SIP revision.
    (2) [Reserved]

[67 FR 66560, Nov. 1, 2002, as amended at 68 FR 34825, June 11, 2003; 69 
FR 47366, Aug. 5, 2004; 70 FR 6592, Feb. 8, 2005; 70 FR 22599, May 2, 
2005; 70 FR 24992, May 12, 2005; 70 FR 37272, June 29, 2005; 70 FR 
38038, July 1, 2005; 70 FR 39927, July 12, 2005; 70 FR 50213, Aug. 26, 
2005; 73 FR 36443, June 27, 2008]



Sec. 52.2476  Discretionary authority.

    (a) This section applies to any variance, exception, exemption, 
alternative emission limitation, bubble, alternative sampling or testing 
method, compliance schedule revision, alternative compliance schedule, 
or any other substantial change to a provision of the state 
implementation plan, granted by the Department of Ecology, the 
Department of Natural Resources, the Energy Facility Site Evaluation 
Council, or a local air pollution control agency in accordance with any 
discretionary authority granted under its statutes or regulations, 
regardless of whether such statutes or regulations are part of the state 
implementation plan.
    (b) Any change to a provision of the state implementation plan 
described in paragraph (a) of this section must be submitted by the 
state for approval by EPA in accordance with the requirements of 40 CFR 
51.104.
    (c) Any change to a provision of the state implementation plan 
described in paragraph (a) of this section does not modify the 
requirements of the federally-approved state implementation plan or a 
federally-promulgated implementation plan until approved by EPA as a 
revision to the state implementation plan in accordance with section 110 
of the Clean Air Act.

[56 FR 24136, May 29, 1991]



Sec. Sec. 52.2477-52.2478  [Reserved]



Sec. 52.2479  Contents of the federally approved, State submitted 
implementation plan.

    The following sections of the state and local regulations and 
documents for the Washington State Implementation Plan for Air Quality, 
for compliance with requirements of the Federal Clean Air Act, have been 
approved by the U.S. Environmental Protection Agency (EPA), and are part 
of the current federally-approved, implementation plan.

       Washington State Implementation Plan for Air Quality State and Local Requirements Table of Contents
----------------------------------------------------------------------------------------------------------------
 
                        Section 1--General [Dates in brackets indicate EPA approval date]
----------------------------------------------------------------------------------------------------------------
1.2 Energy Facilities Site Evaluation Council (EFSEC) Memorandum of Agreement [02/23/82]
1.3 Air Quality Monitoring, Data Reporting and Surveillance Provisions [04/15/81]
1.4 Maintenance of Pay Provision [08/14/81]
----------------------------------------------------------------------------------------------------------------
            Section 2--State Regulations and Statutes [Dates in brackets indicate date state adopted]
----------------------------------------------------------------------------------------------------------------
2.2 Department of Ecology Regulations
 
    2.2.400  WAC 173-400                              General Regulation for Air Pollution Sources
             173-400-010                              Policy and purpose [08/20/93]
             173-400-020                              Applicability [08/20/93]
             173-400-030                              Definitions [08/20/93]
             173-400-040                              General standards for maximum emissions [08/20/93, except
                                                       for sections (1)(c), (1)(d), (2), (4), and the second
                                                       paragraph of (6)]
             173-400-050                              Emission standards for combustion and incineration units
                                                       [08/20/93 except for the exception provision in section
                                                       (3)]
             173-400-060                              Emission standards for general process units [08/20/93]

[[Page 1030]]

 
             173-400-070                              Emission standards for certain source categories [08/20/
                                                       93, except for section (7)]
             173-400-081                              Startup and shutdown [08/20/93]
             173-400-091                              Voluntary limits on emissions [08/20/93]
             173-400-100                              Registration [08/20/93]
             173-400-105                              Records, monitoring, and reporting [08/20/93]
             173-400-107                              Excess Emissions [08/20/93]
             173-400-110                              New source review (NSR) [08/20/93]
             173-400-112                              Requirements for new souces in nonattainment areas [08/20/
                                                       93, except for section (8)]
             173-400-113                              Requirements for new sources in attainment or
                                                       unclassifiable areas [08/20/93, except for section (5)]
             173-400-151                              Retrofit requirements for visibility protection [08/20/93]
             173-400-161                              Compliance schedules [08/20/93]
             173-400-171                              Public involvement [08/20/93]
             173-400-190                              Requirements for nonattainment areas [08/20/93]
             173-400-200                              Creditable stack height and dispersion techniques [08/20/
                                                       93]
             173-400-205                              Adjustment for atmospheric conditions [08/20/93]
             173-400-210                              Emission requirements of prior jurisdictions [08/20/93]
             173-400-220                              Requirements for board members [08/20/93]
             173-400-230                              Regulatory actions [08/20/93]
             173-400-240                              Criminal penalties [08/20/93]
             173-400-250                              Appeals [08/20/93]
             173-400-260                              Conflict of interest [08/20/93]
    2.2.402  WAC 173-402                              Civil Sanctions under Washington Clean Air Act
             173-402-010                              Prior regulations [06/24/80]
             173-402-020                              Subsequent regulations [06/24/80]
    2.2.405  WAC 173-405                              Kraft Pulp Mills
             173-405-012                              Statement of purpose [02/19/91]
             173-405-021                              Definitions [02/19/91]
             173-405-040                              Emission standards [02/19/91 except for sections (1)(b),
                                                       (1)(c), (3)(b), (3)(c), (4), (7), (8), and (9)]
             173-405-045                              Creditable stack height and dispersion techniques [02/19/
                                                       91]
             173-405-061                              More restrictive emission standards [02/19/91]
             173-405-072                              Monitoring requirements [02/19/91 except section (2)]
             173-405-077                              Report of startup, shutdown, breakdown or upset conditions
                                                       [02/19/91]
             173-405-078                              Emission inventory [02/19/91]
             173-405-086                              New source review (NSR) [02/19/91]
             173-405-087                              Prevention of significant deterioration (PSD) [02/19/91]
             173-405-091                              Special studies [02/19/91]
    2.2.410  WAC 173-410                              Sulfite Pulping Mills
             173-410-012                              Statement of purpose [02/19/91]
             173-410-021                              Definitions [02/19/91]
             173-410-040                              Emission standards [02/19/91 except sections (3) and (5)]
             173-410-045                              Creditable stack height and dispersion techniques [02/19/
                                                       91]
             173-410-062                              Monitoring requirements [02/19/91]
             173-410-067                              Report of startup, shutdown, breakdown or upset conditions
                                                       [02/19/91]
             173-410-071                              Emission inventory [02/19/91]
             173-410-086                              New source review (NSR) [02/19/91]
             173-410-087                              Prevention of significant deterioration (PSD) [02/19/91]
             173-410-100                              Special studies [02/19/91]
    2.2.415  WAC 173-415                              Primary Aluminum Plants
             173-415-010                              Statement of purpose [02/19/91]
             173-415-020                              Definitions [02/19/91 except sections (1) and (2)]
             173-415-030                              Emission standards [02/19/91 except sections (1) and
                                                       (3)(b)]
             173-415-045                              Creditable stack height and dispersion techniques [02/19/
                                                       91]
             173-415-050                              New source review (NSR) [02/19/91]
             173-415-051                              Prevention of significant deterioration (PSD) [02/19/91]
             173-415-060                              Monitoring and reporting [02/19/91 except sections
                                                       (1)(a)(b)(d)]
             173-415-070                              Report of startup, shutdown, breakdown or upset conditions
                                                       [02/19/91]
             173-415-080                              Emission inventory [02/19/91]
    2.2.422  WAC 173-422                              Motor Vehicle Emission Inspection
             173-422-010                              Purpose [02/28/80]

[[Page 1031]]

 
             173-422-020                              Definitions [02/28/80]
             173-422-030                              Vehicle emission inspection requirement [02/28/80]
             173-422-040                              Noncompliance areas [12/31/81]
             173-422-050                              Emission contributing areas [12/31/81]
             173-422-060                              Gasoline vehicle emission standards [12/31/81]
             173-422-070                              Gasoline vehicle inspection procedures [12/31/81]
             173-422-090                              Exhaust gas analyzer specifications [12/31/81]
             173-422-100                              Testing equipment maintenance and calibration [12/31/81]
             173-422-110                              Data system requirements [12/31/81]
             173-422-120                              Quality assurance [02/28/80]
             173-422-130                              Inspection fees [12/31/81]
             173-422-140                              Inspection forms and certificates [12/31/81]
             173-422-160                              Fleet and diesel owner vehicle testing requirements [12/31/
                                                       81]
             173-422-170                              Exemptions [12/31/81]
             173-422-180                              Air quality standards [12/31/81]
    2.2.425  WAC 173-425                              Open Burning
             173-425-010                              Purpose [09/17/90]
             173-425-020                              Applicability [09/17/90]
             173-425-030                              Definitions [09/17/90]
             173-425-036                              Curtailment during episodes of impaired air quality [09/17/
                                                       90]
             173-425-045                              Prohibited materials [01/03/89]
             173-425-055                              Exceptions [09/17/90]
             173-425-065                              Residential open burning [09/17/90]
             173-425-075                              Commercial open burning [09/17/90]
             173-425-085                              Agricultural open burning [09/17/90]
             173-425-095                              No burn area designation [09/17/90]
             173-425-100                              Delegation of agricultural open burning program [09/17/90]
             173-425-115                              Land clearing projects [09/17/90]
             173-425-120                              Department of Natural Resources Smoke Management Plan [09/
                                                       17/90]
             173-425-130                              Notice of violation [09/17/90]
             173-425-140                              Remedies [09/17/90]
    2.2.430  WAC 173-430                              Burning of Field and Forage and Turf Grasses Grown for
                                                       Seed
             173-430-010                              Purpose [09/17/90]
             173-430-020                              Definitions [09/17/90]
             173-430-030                              Permits, conditions, and restrictions [09/17/90]
             173-430-040                              Mobile field burners [09/17/90]
             173-430-050                              Other approvals [09/17/90]
             173-430-060                              Study of alternatives [09/17/90]
             173-430-070                              Fees [09/17/90]
             173-430-080                              Certification of alternatives [09/17/90]
    2.2.433  WAC 173-433                              Solid Fuel Burning Device Standards
             173-433-010                              Purpose [12/16/87]
             173-433-020                              Applicability [12/16/87]
             173-433-030                              Definitions [09/17/90]
             173-433-100                              Emission performance standards [09/17/90]
             173-433-110                              Opacity standards [09/17/90]
             173-433-120                              Prohibited fuel types [09/17/90]
             173-433-130                              General emission standards [09/17/90]
             173-433-150                              Curtailment [09/17/90]
             173-433-170                              Retail sales fees [01/03/89]
             173-433-200                              Regulatory actions and penalties [09/17/90]
2.2.434 WAC  Solid Waste Incinerator Facilities
     173-434
             173-434-010                              Purpose [10/18/90]
             173-434-020                              Applicability and Compliance [1/22/04]
             173-434-030                              Definitions [1/22/04]
             173-434-090                              Operation and Maintenance Plan [10/18/90]
             173-434-110                              Standards of Performance, except (1)(a) [1/22/04]
             173-434-130                              Emission Standards, except (2) [1/22/04]
             173-434-160                              Design and Operation [1/22/04]
             173-434-170                              Monitoring and Reporting [1/22/04]
             173-434-190                              Changes in Operation [1/22/04]

[[Page 1032]]

 
             173-434-200                              Emission Inventory [1/22/04]
             173-434-210                              Special Studies [10/18/90]
    2.2.435  WAC 173-435                              Emergency Episode Plan
             173-435-010                              Purpose [01/03/89]
             173-435-015                              Significant harm levels [01/03/89]
             173-435-020                              Definitions [01/03/89]
             173-435-030                              Episode stage criteria [01/03/89]
             173-435-040                              Source emission reduction plans [01/03/89]
             173-435-050                              Action procedures [01/03/89]
             173-435-060                              Enforcement [01/03/89]
             173-435-070                              Sampling sites, equipment, and methods [01/03/89 except
                                                       section (1)]
    2.2.440  WAC 173-440                              Sensitive Areas
             173-440-010                              Purpose [09/17/90]
             173-440-020                              Applicability [09/16/87]
             173-440-030                              Definitions [09/17/90]
             173-440-040                              Sensitive areas designated [09/16/87]
             173-440-100                              Standards [09/17/90]
             173-440-900                              Appendix A--Map [09/16/87]
    2.2.470  WAC 173-470                              Ambient Air Quality Standards for Particulate Matter
             173-470-010                              Purpose [09/16/87]
             173-470-020                              Applicability [09/16/87]
             173-470-030                              Definitions [01/03/89]
             173-470-100                              Ambient air quality standards [01/03/89]
             173-470-160                              Reporting of data [09/16/87]
    2.2.490  WAC 173-490                              Emission Standards and Controls for Sources Emitting
                                                       Volatile Organic Compounds
             173-490-010                              Policy and purpose [02/19/91]
             173-490-020                              Definitions [02/19/91]
             173-490-025                              General applicability [02/19/91]
             173-490-030                              Registration and reporting [02/19/91]
             173-490-040                              Requirements [02/19/91]
             173-490-080                              Exceptions and alternative methods [02/19/91]
             173-490-090                              New source review (NSR) [02/19/91]
             173-490-200                              Petroleum refinery equipment leaks [02/19/91]
             173-490-201                              Petroleum liquid storage in external floating roof tanks
                                                       [02/19/91]
             173-490-202                              Leaks from gasoline transport tanks and vapor collection
                                                       systems [02/19/91]
             173-490-203                              Perchloroethylene dry cleaning systems [02/19/91]
             173-490-204                              Graphic arts systems [02/19/91]
             173-490-205                              Surface coating of miscellaneous metal parts and products
                                                       [02/19/91]
             173-490-207                              Surface coating of flatwood paneling [02/19/91]
             173-490-208                              Aerospace assembly and component coating operations [02/19/
                                                       91]
    2.2.490  WAC 173-492                              Motor Fuel Specifications for Oxygenated Gasoline
             173-492-010                              Policy and purpose [10/07/92]
             173-492-020                              Applicability [10/07/92]
             173-492-030                              Definitions [10/07/92]
             173-492-060                              Labeling requirements [10/07/92]
             173-492-070                              Control areas and control periods [10/07/92]
2.3.EFSEC Energy Facilities Site Evaluation Council Regulation (EFSEC)
 
 2.3.463-39  WAC 463-39                               General Regulations for Air Pollution Sources
             463-39-010                               Purpose [07/23/79]
             463-39-020                               Applicability [07/23/79]
             463-39-030                               Additional definitions [07/23/79 except sections (4), (7),
                                                       (10), (24), (25), (30), (35), and (36)]
             463-39-040                               General standards for maximum permissible emissions [07/23/
                                                       79 except introductory paragraph]
             463-39-050                               Minimum emission standards for combustion and incineration
                                                       sources [07/23/79]
             463-39-060                               Minimum emission standards for general process sources [07/
                                                       23/79]
             463-39-080                               Compliance schedules [07/23/79]
             463-39-100                               Registration [07/23/79]
             463-39-110                               New source review (NSR) [07/23/79 except sections (1), the
                                                       first two sentences of (3)(b), (3)(c), (d), and (e)]

[[Page 1033]]

 
             463-39-120                               Monitoring and special report [07/23/79]
             463-39-130                               Regulatory actions [07/23/79]
             463-39-135                               Criminal penalties [07/23/79]
             463-39-150                               Variance [07/23/79]
             463-39-170                               Conflict of interest [07/23/79]
----------------------------------------------------------------------------------------------------------------
    Section 3--Local Air Authority Regulations [Dates in brackets indicate local air authority adoption date]
----------------------------------------------------------------------------------------------------------------
 
3.NW Northwest Air Pollution Authority (NWAPA)
             100                                      Name of Authority [02/10/93]
             101                                      Short Title [02/10/93]
             102                                      Policy [02/10/93]
             103                                      Duties and Powers [04/14/93]
             104                                      Adoption of State and Federal Laws and Rules [10/13/94]
             105                                      Separability [01/08/69]
             106                                      Public Records [01/08/69]
             110                                      Investigation and Studies [01/08/69]
             111                                      Interference or Obstruction [02/14/73]
             112                                      False and Misleading Oral Statements [02/14/73]
             113                                      Service of Notice [02/14/73]
             114                                      Confidential Information [04/14/93]
             120                                      Hearings [04/14/93]
             121                                      Orders [11/15/88]
             122                                      Appeals from Orders or Violations [11/15/88]
             123                                      Status of Orders on Appeal [11/15/88]
             124                                      Display of Orders [02/14/73]
             130                                      Citations--Notices [02/14/73]
             131                                      Violations--Notices [04/14/93]
             132                                      Criminal Penalty [10/13/94]
             133                                      Civil Penalty [10/13/94]
             134                                      Restraining Orders--Injunction [02/10/93]
             135                                      Additional Enforcement--Compliance schedules [04/14/93]
             140                                      Reporting By Government Agencies [04/14/93]
             145                                      Motor Vehicle Owner Responsibility [02/14/73]
             150                                      Pollutant Disclosure--Reporting by Air Contaminant Sources
                                                       [09/08/93]
             200                                      Definitions [10/13/94]
 
                                               Control Procedures
 
              300                                     Notice of Construction When Required [10/13/94]
             301                                      Information Required for Notice of Construction [10/13/94]
             302                                      Issuance of Approval or Order [10/13/94]
             303                                      Notice of Completion--Notice of Violation [08/09/78]
             310                                      Approval to Operate Required [04/14/93]
             320                                      Registration Required [04/14/93]
             321                                      General Requirements for Registration [04/14/93]
             322                                      Exemptions from Registration [10/13/94]
             323                                      Classes of Registration [4/14/93]
             324                                      Fees [10/13/94, except section .121]
             325                                      Transfer [04/14/93]
             340                                      Report of Breakdown and Upset [10/13/94]
             341                                      Schedule Report of Shutdown or Start-up [09/08/93]
             342                                      Operation and Maintenance [09/08/93]
             360                                      Testing and Sampling [02/14/73]
             365                                      Monitoring [02/08/89]
             366                                      Instrument Calibration [09/08/93]
 
                                                    Standards
 
              400                                     Ambient Air Standards--Forward [04/14/93]
             401                                      Suspended Particulate Standards (PM-10) [04/14/93]
             410                                      Sulfur Oxide Standards [04/14/93]
             420                                      Carbon Monoxide Standards [04/14/93]
             422                                      Nitrogen Oxide Standards [4/14/93]

[[Page 1034]]

 
             424                                      Ozone Standards [04/14/93]
             450                                      Emission Standards--Forward [04/14/93]
             451                                      Emission of Air Contaminant--Visual Standards [10/13/94]
             452                                      Motor Vehicle Visual Standard [04/14/93, except section
                                                       .5]
             455                                      Emission of Particulate Matter [04/14/93]
             458                                      Incinerators--Wood Waste Burners [08/08/78]
             460                                      Sulfur Compounds--Heat/Weight Rate Standard [04/14/93]
             462                                      Sulfur Compounds--Emission Standard [04/14/93]
             466                                      Portland Cement Plants [04/14/93]
 
 
                                      Regulated Activities and Prohibitions
 
              510                                     Incinerator Burning [04/14/93]
             520                                      Sulfur Compounds in Fuel [04/14/93]
             550                                      Particulate Matter from Becoming Airborne [01/08/69]
             560                                      Storage of Organic Liquids [04/14/93]
             580                                      Volatile Organic Compound Control (VOC) [10/13/94]
3.PS Puget Sound Air Pollution Control Agency (PSAPCA)
3.PS.1 Regulation I
 
                                 Article 1--Policy, short title, and definitions
 
              Section 1.01                            Policy [9/9/99]
             Section 1.03                             Name of Agency [9/9/99]
             Section 1.05                             Short Title [9/9/99]
             Section 1.07                             Definitions [4/14/94]
 
                                          Article 3--General Provisions
 
             Section 3.04                             Reasonably Available Control Technology, except (e) [3/11/
                                                       99]
             Section 3.06                             Credible Evidence [10/8/98]
 
                                             Article 5--Registration
 
             Section 5.02                             Applicability and Purpose of the Registration Program [9/
                                                       12/96]
             Section 5.03                             Registration Required, except (a)(5) [7/8/99]
             Section 5.05                             General Reporting Requirements for Registration [9/10/98]
 
                                          Article 6--New Source Review
 
             Section 6.03                             Notice of Construction [9/12/96]
             Section 6.04                             Notice of Construction Review Fees [9/11/97]
             Section 6.06                             Public Notice [4/14/94]
             Section 6.07                             Order of Approval--Order to Prevent Construction [4/14/94]
             Section 6.08                             Emission Reduction Credit Banking [11/19/92]
             Section 6.09                             Notice of Completion [4/14/94]
             Section 6.10                             Work Done without an Approval [9/11/97]
 
                                          Article 7--Operating Permits
 
             Section 7.09                             General Reporting Requirements for Operating Permits [9/10/
                                                       98]
 
                                            Article 8--Outdoor Fires
 
             Section 8.04                             General Conditions for Outdoor Burning [11/9/00]
             Section 8.05                             Agricultural Burning [11/9/00]
             Section 8.06                             Outdoor Burning Ozone Contingency Measure [12/19/02]
             Section 8.09                             Description of King County No-Burn Area [11/9/00]
             Section 8.10                             Description of Pierce County No-Burn Area [11/9/00]
             Section 8.11                             Description of Snohomish County No-Burn Area [11/9/00]
             Section 8.12                             Description of Kitsap County No-Burn Area [10/24/02]
 
                                          Article 9--Emission Standards
 
             Section 9.03                             Emission of Air Contaminant: Visual Standard, except (e)
                                                       [3/11/99]
             Section 9.04                             Opacity Standards for Equipment With Continuous Opacity
                                                       Monitoring Systems, except (d)(2) and (f) [4/9/98]
             Section 9.05                             Refuse Burning [12/9/93]
             Section 9.07                             Sulfur Dioxide Emission Standard [4/14/94]
             Section 9.08                             Fuel Oil Standards [4/14/94]
             Section 9.09                             Particulate Matter Emission Standards [4/9/98]
             Section 9.15                             Fugitive Dust Control Measures [3/11/99]
             Section 9.16                             Spray-Coating Operations [7/12/01]
             Section 9.20                             Maintenance of Equipment [6/9/88]
 

[[Page 1035]]

 
                 Article 12--Standards of Performance for Continuous Emission Monitoring Systems
 
             Section 12.01                            Applicability [4/9/98]
             Section 12.03                            Continuous Emission Monitoring System, except (b)(2) [4/9/
                                                       98]
 
                                 Article 13--Solid Fuel Burning Device Standards
 
             Section 13.01                            Policy and Purpose [9/9/99]
             Section 13.02                            Definitions [10/8/98]
             Section 13.03                            Opacity Standards [10/11/90]
             Section 13.04                            Prohibited Fuel Types [9/26/91]
             Section 13.05                            Curtailment [9/26/91]
             Section 13.07                            Contingency [12/8/94]
 
 3.PS.2--Regulation II
 
                            Article 1--Purpose, Policy, Short Title, and Definitions
 
             Section 1.01                             Purpose [9/9/99]
             Section 1.02                             Policy [9/9/99]
             Section 1.03                             Short Title [9/9/99]
             Section 1.04                             General Definitions [12/11/80]
             Section 1.05                             Special Definitions [9/9/99]
                                Article 2--Gasoline Marketing Emission Standards
             Section 2.01                             Definitions [7/8/99]
             Section 2.03                             Petroleum Refineries [6/13/91]
             Section 2.05                             Gasoline Loading Terminals [12/9/93]
             Section 2.06                             Bulk Gasoline Plants [6/13/91]
             Section 2.07                             Gasoline Stations [12/9/99]
             Section 2.08                             Gasoline Transport Tanks [7/8/99]
             Section 2.09                             Oxygenated Gasoline Carbon Monoxide Contingency Measure
                                                       and Fee Schedule [12/19/02]
             Section 2.10                             Gasoline Station Ozone Contingency Measure [12/19/02]
 
                      Article 3--Miscellaneous Volatile Organic Compound Emission Standards
 
             Section 3.01                             Cutback Asphalt Paving [6/13/91]
             Section 3.02                             Volatile Organic Compound Storage Tanks [7/8/99]
             Section 3.03                             Can and Paper Coating Operations [2/10/94]
             Section 3.04                             Motor Vehicle and Mobile Equipment Coating Operations [12/
                                                       9/93]
             Section 3.05                             Graphic Arts Systems [12/9/93]
             Section 3.08                             Polyester, Vinylester, Gelcoat, and Resin Operations [12/9/
                                                       93]
             Section 3.09                             Aerospace Component Coating Operations [12/9/93]
             Section 3.11                             Coatings and Ink Manufacturing [4/11/96]
----------------------------------------------------------------------------------------------------------------
              Section 4--Regional Air Quality Plans [Dates in brackets indicate EPA approval date]
----------------------------------------------------------------------------------------------------------------
4.1 Olympic-Northwest Washington Intrastate
             4.1.2                                    Attainment Plans
             4.1.2.PM                                 Particulate Matter (PM10)
             4.1.2.PM.1                               Thurston County PM10 [07/27/93]
             4.1.2.TSP                                Total Suspended Particulates (TSP)
             4.1.2.TSP.1                              Longview TSP [06/05/80]
4.2 Puget Sound Intrastate
             4.2.2                                    Attainment Plans
             4.2.2.CO                                 Carbon Monoxide (CO)
             4.2.2.CO.1                               Seattle CO [02/28/83]
             4.2.2.CO.2                               Tacoma CO [07/16/84]
             4.2.2.CO.3                               Puget Sound CO section 5.2 [01/22/93]
             4.2.2.OZ                                 Ozone (O3)
             4.2.2.OZ.1                               Seattle-Tacoma O3 [02/28/83]
             4.2.2.PM                                 Particulate Matter (PM10)
             4.2.2.PM.1                               Kent PM10 [07/27/93]
             4.2.2.PM.2                               Seattle PM10 [conditional approval 08/22/94]
             4.2.2.PM.3                               Tacoma PM10 [conditional approval 12/12/94]
             4.2.3                                    Lead Implementation Plan [04/01/85]
4.3 Southwest Washington Interstate
             4.3.2                                    Attainment Plans
             4.3.2.CO                                 Carbon Monoxide (CO)

[[Page 1036]]

 
             4.3.2.CO.1                               Vancouver CO [12/30/94]
             4.3.2.OZ                                 Ozone (O3)
             4.3.2.OZ.1                               Vancouver O3 [11/14/94]
             4.3.2.TSP                                Total Suspended Particulates (TSP)
             4.3.2.TSP.1                              Vancouver TSP [09/14/81]
             4.5                                      Eastern Washington Interstate
             4.5.2                                    Attainment Plans
             4.5.2.CO                                 Carbon Monoxide (CO)
             4.5.2.CO.1                               Spokane CO [03/22/82]
             4.5.2.CO.1a                              Spokane CO section 5.2 [01/22/93]
             4.5.2.TSP                                Total Suspended Particulates (TSP)
             4.5.2.TSP.1                              Spokane TSP [09/14/81]
4.6 South Central Washington Intrastate
             4.6.2                                    Attainment Plans
             4.6.2.CO                                 Carbon Monoxide (CO)
             4.6.2.CO.1                               Yakima CO [09/14/81]
----------------------------------------------------------------------------------------------------------------
              Section 5--Federally Mandated Programs [Dates in brackets indicate EPA approval date]
----------------------------------------------------------------------------------------------------------------
5.BAP--Business Assistance Program [5/8/95]
5.IM--Motor Vehicle Inspection/Maintenance Program [9/25/96]
5.OXY--Oxygenated Gasoline Program [3/21/94]
5.SMP--Smoke Management Program [7/6/87]
5.VIS--Washington State Visibility Protection Program [7/6/87]
5.VIS.NSR--Visibility New Source Review (NSR) for nonattainment areas for Washington [7/28/86]
----------------------------------------------------------------------------------------------------------------
Supplemental Section A--Reference Material [Date in brackets indicate EPA effective date]
----------------------------------------------------------------------------------------------------------------
A.1--Description of Source test Program for the State Implementation Plan [10/24/84]
----------------------------------------------------------------------------------------------------------------
Supplemental B--Administrative and Procedural Material [Dates in brackets indicate EPA effective date]
----------------------------------------------------------------------------------------------------------------
B.3--Correspondence
B.3.1--Legal Authority [6/05/80]
B.3.2--Correspondence prior to 1991
B.3.2.1--New Source Performance Standards (NSPS) for Tri-Counties [9/23/81]
----------------------------------------------------------------------------------------------------------------


[60 FR 33735, June 29, 1995, as amended at 62 FR 68188, Dec. 31, 1997; 
68 FR 34825, June 11, 2003; 69 FR 53010, Aug. 31, 2004; 70 FR 44857, 
Aug. 4, 2005]



Sec. Sec. 52.2480-52.2494  [Reserved]



Sec. 52.2495  Voluntary limits on potential to emit

    Terms and conditions of regulatory orders issued pursuant to WAC 
173-400-091 ``Voluntary limits on emissions'' and in accordance with the 
provisions of WAC 173-400-091, WAC 173-400-105 ``Records, monitoring, 
and reporting,'' and WAC 173-400-171 ``Public involvement,'' shall be 
applicable requirements of the federally-approved Washington SIP and 
Section 112(l) program for the purposes of section 113 of the Clean Air 
Act and shall be enforceable by EPA and by any person in the same manner 
as other requirements of the SIP and Section 112(l) program. Regulatory 
orders issued pursuant to WAC 173-400-091 are part of the Washington SIP 
and shall be submitted to EPA Region 10 in accordance with the 
requirements of Sec. Sec. 51.104(e) and 51.326.

[60 FR 28728, June 2, 1995]



Sec. 52.2496  [Reserved]



Sec. 52.2497  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are

[[Page 1037]]

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 except paragraph (a)(1) are 
hereby incorporated and made a part of the applicable State plan for the 
State of Washington.
    (c) In accordance with section 164 of the Clean Air Act and the 
provisions of 40 CFR 52.21(g), the Spokane Indian Reservation is 
designated as a Class I area for the purposes of preventing significant 
deterioration of air quality.

[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 56 
FR 14862, Apr. 12, 1991; 68 FR 11324, Mar. 10, 2003; 68 FR 74490, Dec. 
24, 2003]



Sec. 52.2498  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met, because the plan does not include approvable procedures for 
protection of visibility in mandatory Class I Federal areas.
    (b) Regulations for visibility new source review. The provisions of 
Sec. 52.28 are hereby incorporated and made a part of the applicable 
plan for the State of Washington.

[51 FR 23228, June 26, 1986]



Sec. 52.2499  Interstate Transport for the 1997 8-hour ozone and 
PM2.5 NAAQS.

    On January 17, 2007, the Washington State Department of Ecology 
submitted a SIP revision to meet the requirements of Clean Air Act 
section 110(a)(2)(D)(i). EPA is approving this submittal.

[74 FR 1593, Jan. 13, 2009]



                        Subpart XX_West Virginia



Sec. 52.2520  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for West Virginia under section 110 of the Clean Air 
Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air 
quality standards.
    (b) Incorporation by reference.
    (1) Material listed as incorporated by reference in paragraphs (c) 
and (d) of this section 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 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 on or after October 1, 2008 will be incorporated 
by reference in the next update to the SIP compilation.
    (2) EPA Region III certifies that the rules/regulations and source-
specific requirements provided by EPA at the addresses in paragraph 
(b)(3) of this section are an exact duplicate of the officially 
promulgated State rules/regulations and source-specific requirements 
which have been approved as part of the State implementation plan as of 
October 1, 2008.
    (3) Copies of the materials incorporated by reference may be 
inspected at the EPA Region III Office at 1650 Arch Street, 
Philadelphia, PA 19103. For further information, call (215) 814-2108; 
the EPA, Air and Radiation Docket and Information Center, Room Number 
3334, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC 
20460. For further information, call (202) 566-1742; or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (c) EPA-Approved Regulations

[[Page 1038]]



                                EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
State citation  [Chapter 16-20                                State                              explanation/
          or 45 CSR]                  Title/subject         effective    EPA approval date    citation at 40 CFR
                                                               date                                52.2565
----------------------------------------------------------------------------------------------------------------
       [45 CSR] Series 1 NOX Budget Trading Program as a Means of Control and Reduction of Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
Section 45-1-1................  General..................       5/1/06  9/28/06; 71 FR
                                                                         56881.
Section 45-1-2................  Definitions..............       5/1/06  9/28/06; 71 FR
                                                                         56881.
Section 45-1-3................  Acronyms.................       5/1/06  9/28/06; 71 FR
                                                                         56881.
Section 45-1-4................  NOX Budget Trading              5/1/06  9/28/06; 71 FR
                                 Program Applicability.                  56881.
Section 45-1-5................  Retired Unit Exemption...       5/1/06  9/28/06; 71 FR
                                                                         56881.
Section 45-1-6................  NOX Budget Trading              5/1/02  5/10/02; 67 FR       (c)(46).
                                 Program Standard                        37133.
                                 Requirements.
Section 45-1-7................  Computation of Time......       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         37133.
Section 45-1-10...............  Authorization and               5/1/02  5/10/02; 67 FR       (c)(46).
                                 Responsibilities of the                 37133.
                                 NOX Authorized Account
                                 Representative.
Section 45-1-11...............  Alternate NOX Authorized        5/1/02  5/10/02; 67 FR       (c)(46).
                                 Account Representative.                 37133.
Section 45-1-12...............  Changing the NOX                5/1/02  5/10/02; 67 FR       (c)(46).
                                 Authorized Account                      37133.
                                 Representative and the
                                 Alternate NOX Authorized
                                 Account Representative;
                                 Changes in Owners and
                                 Operators.
Section 45-1-13...............  Account Certificate of          5/1/02  5/10/02; 67 FR       (c)(46).
                                 Representation.                         37133.
Section 45-1-14...............  Objections Concerning the       5/1/02  5/10/02; 67 FR       (c)(46).
                                 NOX Authorized Account                  37133.
                                 Representative.
Section 45-1-20...............  General NOX Budget              5/1/02  5/10/02; 67 FR       (c)(46).
                                 Trading Program Permit                  37133.
                                 Requirements.
Section 45-1-21...............  NOX Budget Permit               5/1/02  5/10/02; 67 FR       (c)(46).
                                 Applications.                           37133.
Section 45-1-22...............  Information Requirements        5/1/06  9/28/06; 71 FR
                                 for NOX Budget Permit                   56881.
                                 Applications.
Section 45-1-23...............  NOX Budget Permit               5/1/02  5/10/02; 67 FR       (c)(46).
                                 Contents.                               37133.
Section 45-1-24...............  NOX Budget Permit               5/1/02  5/10/02; 67 FR       (c)(46).
                                 Revisions.                              37133.
Section 45-1-30...............  Compliance Certification        5/1/02  5/10/02; 67 FR       (c)(46).
                                 Report.                                 37133.
Section 45-1-31...............  Secretary's and                 5/1/02  5/10/02; 67 FR       (c)(46).
                                 Administrator's Action                  37133.
                                 on Compliance
                                 Certifications.
Section 45-1-40...............  State NOX Trading Program       5/1/02  5/10/02; 67 FR       (c)(46).
                                 Budget.                                 37133.
Section 45-1-41...............  Timing Requirements for         5/1/02  5/10/02; 67 FR       (c)(46).
                                 State NOX Allowance                     37133.
                                 Allocations.
Section 45-1-42...............  State NOX Allowance             5/1/02  5/10/02; 67 FR       (c)(46).
                                 Allocations.                            37133.
Section 45-1-43...............  Compliance Supplement           5/1/02  5/10/02; 67 FR       (c)(46).
                                 Pool.                                   37133.
Section 45-1-50...............  NOX Allowance Tracking          5/1/02  5/10/02; 67 FR       (c)(46).
                                 System Accounts.                        37133.
Section 45-1-51...............  Establishment of Accounts       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         37133.
Section 45-1-52...............  NOX Allowance Tracking          5/1/02  5/10/02; 67 FR       (c)(46).
                                 System Responsibilities                 37133.
                                 of NOX Authorized
                                 Account Representative.
Section 45-1-53...............  Recordation of NOX              5/1/02  5/10/02; 67 FR       (c)(46).
                                 Allowance Allocations.                  37133.
Section 45-1-54...............  Compliance...............       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         37133.
Section 45-1-55...............  NOX Allowance Banking....       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         37133.
Section 45-1-56...............  Account Error............       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         37133.
Section 45-1-57...............  Closing of General              5/1/02  5/10/02; 67 FR       (c)(46).
                                 Accounts.                               37133.

[[Page 1039]]

 
Section 45-1-60...............  Submission of NOX               5/1/02  5/10/02; 67 FR       (c)(46).
                                 Allowance Transfers.                    37133.
Section 45-1-61...............  Allowance Transfer              5/1/02  5/10/02; 67 FR       (c)(46).
                                 Recordation.                            37133.
Section 45-1-62...............  Notification.............       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         37133.
Section 45-1-70...............  General Monitoring              5/1/06  9/28/06; 71 FR
                                 Requirements.                           56881.
Section 45-1-71...............  Initial Certification and       5/1/06  9/28/06; 71 FR
                                 Recertification                         56881.
                                 Procedures.
Section 45-1-72...............  Out of Control Periods...       5/1/06  9/28/06; 71 FR
                                                                         56881.
Section 45-1-73...............  Notifications............       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         37133.
Section 45-1-74...............  Recordkeeping and               5/1/06  9/28/06; 71 FR
                                 Reporting.                              56881.
Section 45-1-75...............  Petitions................       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         37133.
Section 45-1-76...............  Additional Requirements         5/1/02  5/10/02; 67 FR       (c)(46).
                                 to Provide Heat Input                   37133.
                                 Data.
Section 45-1-80...............  Individual Opt-in               5/1/02  5/10/02; 67 FR       (c)(46).
                                 Applicability.                          37133.
Section 45-1-81...............  Opt-in General                  5/1/02  5/10/02; 67 FR       (c)(46).
                                 Requirements.                           37133.
Section 45-1-82...............  Opt-in NOX Authorized           5/1/02  5/10/02; 67 FR       (c)(46).
                                 Account Representative.                 37133.
Section 45-1-83...............  Applying for NOX Budget         5/1/02  5/10/02; 67 FR       (c)(46).
                                 Opt-in Permit.                          37133.
Section 45-1-84...............  Opt-in Process...........       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         37133.
Section 45-1-85...............  NOX Budget Opt-in Permit        5/1/02  5/10/02; 67 FR       (c)(46).
                                 Contents.                               37133.
Section 45-1-86...............  Withdrawal from NOX             5/1/02  5/10/02; 67 FR       (c)(46).
                                 Budget Trading Program.                 37133.
Section 45-1-87...............  Change in Regulatory            5/1/02  5/10/02; 67 FR       (c)(46).
                                 Status.                                 37133.
Section 45-1-88...............  NOX Allowance Allocations       5/1/02  5/10/02; 67 FR       (c)(46).
                                 to Opt-in Units.                        37133.
Section 45-1-89...............  Appeal Procedures........       5/1/06  9/28/06; 71 FR
                                                                         56881.
Section 45-1-90...............  Requirements for                5/1/06  9/28/06; 71 FR
                                 Stationary Internal                     56881.
                                 Combustion Engines.
Section 45-1-100..............  Requirements for                5/1/06  9/28/06; 71 FR
                                 Emissions of NOX from                   56881.
                                 Cement Manufacturing
                                 Kilns.
----------------------------------------------------------------------------------------------------------------
   [45 CSR] Series 2 To Prevent and Control Particulate Air Pollution From Combustion of Fuel in Indirect Heat
                                                   Exchangers
----------------------------------------------------------------------------------------------------------------
Section 45-2-1................  General..................      8/31/00  8/11/03; 68 FR       (c)(56).
                                                                         47473.
Section 45-2-2................  Definitions..............      8/31/00  8/11/03; 68 FR       (c)(56).
                                                                         47473.
Section 45-2-3................  Visible Emissions of           8/31/00  8/11/03; 68 FR       (c)(56).
                                 Smoke And/Or Particulate                47473.
                                 Matter Prohibited And
                                 Standards of Measurement.
Section 45-2-4................  Weight Emission Standards      8/31/00  8/11/03; 68 FR       (c)(56).
                                                                         47473.
Section 45-2-5................  Control of Fugitive            8/31/00  8/11/03; 68 FR       (c)(56).
                                 Particulate Matter.                     47473.
Section 45-2-6................  Registration.............      8/31/00  8/11/03; 68 FR       (c)(56).
                                                                         47473.
Section 45-2-7................  Permits..................      8/31/00  8/11/03; 68 FR       (c)(56).
                                                                         47473.
Section 45-2-8................  Testing, Monitoring,           8/31/00  8/11/03; 68 FR       (c)(56).
                                 Recordkeeping, and                      47473.
                                 Reporting.
Section 45-2-9................  Start-ups, Shutdowns, and      8/31/00  8/11/03; 68 FR       (c)(56).
                                 Malfunctions.                           47473.
Section 45-2-10...............  Variances................      8/31/00  8/11/03; 68 FR       (c)(56).
                                                                         47473.

[[Page 1040]]

 
Section 45-2-11...............  Exemptions...............      8/31/00  8/11/03; 68 FR       (c)(56).
                                                                         47473.
Section 45-2-12...............  Inconsistency Between          8/31/00  8/11/03; 68 FR       (c)(56).
                                 Rules.                                  47473.
Table 45-2A...................  [Total Allowable               8/31/00  8/11/03; 68 FR       (c)(56).
                                 Particulate Matter                      47473.
                                 Emission Rate for All
                                 Type ``c'' Fuel Burning
                                 Units Located at One
                                 Plant].
----------------------------------------------------------------------------------------------------------------
                            45 CSR 2 Appendix Compliance Test Procedures for 45 CSR 2
----------------------------------------------------------------------------------------------------------------
Section 1.....................  General..................      8/31/00  8/11/03; 68 FR       (c)(56).
                                                                         47473.
Section 3.....................  Symbols..................      8/31/00  8/11/03; 68 FR       (c)(56).
                                                                         47473.
Section 4.....................  Adoption of Test Methods.      8/31/00  8/11/03; 68 FR       (c)(56).
                                                                         47473.
Section 5.....................  Unit Load and Fuel             8/31/00  8/11/03; 68 FR       (c)(56).
                                 Quality Requirements.                   47473.
Section 6.....................  Minor Exceptions.........      8/31/00  8/11/03; 68 FR       (c)(56).
                                                                         47473.
Section 7.....................  Pretest and Post Test          8/31/00  8/11/03; 68 FR       (c)(56).
                                 General Requirements.                   47473.
Section 8.....................  Heat Input Data                8/31/00  8/11/03; 68 FR       (c)(56).
                                 Measurements.                           47473.
Section 9.....................  Computations and Data          8/31/00  8/11/03; 68 FR       (c)(56).
                                 Analysis.                               47473.
----------------------------------------------------------------------------------------------------------------
       [45 CSR] Series 3 To Prevent and Control Air Pollution From the Operation of Hot Mix Asphalt Plants
----------------------------------------------------------------------------------------------------------------
Section 45-3-1................  General..................      8/31/00  10/11/02; 67 FR      (c)(48).
                                                                         63270.
Section 45-3-2................  Definitions..............      8/31/00  10/11/02; 67 FR      (c)(48).
                                                                         63270.
Section 45-3-3................  Emission of Smoke and/or       8/31/00  10/11/02; 67 FR      (c)(48).
                                 Particulate Matter                      63270.
                                 Prohibited and Standards
                                 of Measurement--Visible.
Section 45-3-4................  Emission of Smoke and/or       8/31/00  10/11/02; 67 FR      (c)(48).
                                 Particulate Matter                      63270.
                                 Prohibited and Standards
                                 of Measurement--Weight
                                 Emissions.
Section 45-3-5................  Permits..................      8/31/00  10/11/02; 67 FR      (c)(48).
                                                                         63270.
Section 45-3-6................  Reports and Testing......      8/31/00  10/11/02; 67 FR      (c)(48).
                                                                         63270.
Section 45-3-7................  Variance.................      8/31/00  10/11/02; 67 FR      (c)(48).
                                                                         63270.
Section 45-3-8................  Circumvention............      8/31/00  10/11/02; 67 FR      (c)(48).
                                                                         63270.
Section 45-3-9................  Inconsistency Between          8/31/00  10/11/02; 67 FR      (c)(48).
                                 Rules.                                  63270.
----------------------------------------------------------------------------------------------------------------
  [45 CSR] Series 5 To Prevent and Control Air Pollution From the Operation of Coal Preparation Plants and Coal
                                               Handling Operations
----------------------------------------------------------------------------------------------------------------
Section 45-5-1................  General..................      8/31/00  10/7/02; 67 FR       (c)(47).
                                                                         62379.
Section 45-5-2................  Definitions..............      8/31/00  10/7/02; 67 FR       (c)(47).
                                                                         62379.
Section 45-5-3................  Emission of Particulate        8/31/00  10/7/02; 67 FR       (c)(47).
                                 Matter Prohibited and                   62379.
                                 Standards of Measurement.
Section 45-5-4................  Control and Prohibition        8/31/00  10/7/02; 67 FR       (c)(47).
                                 of Particulate Emissions                62379.
                                 from Coal Thermal Drying
                                 Operations of a Coal
                                 Preparation Plant.
Section 45-5-5................  Control and Prohibition       10/22/93  7/13/99; 64 FR       (c)(42).
                                 of Particulate Emissions                37681.
                                 From an Air Table
                                 Operation of a Coal
                                 Preparation Plant.
Section 45-5-6................  Control and Prohibition        8/31/00  10/7/02; 67 FR       (c)(47).
                                 of Fugitive Dust                        62379.
                                 Emissions From Coal
                                 Handling Operations and
                                 Preparation Plants.

[[Page 1041]]

 
Section 45-5-7................  Standards for Coal Refuse      8/31/00  10/7/02; 67 FR       (c)(47).
                                 Disposal Areas.                         62379.
Section 45-5-8................  Burning Coal Refuse            8/31/00  10/7/02; 67 FR       (c)(47).
                                 Disposal Areas.                         62379.
Section 45-5-9................  Monitoring of Operations.      8/31/00  10/7/02; 67 FR       (c)(47).
                                                                         62379.
Section 45-5-10...............  Construction,                  8/31/00  10/7/02; 67 FR       (c)(47).
                                 Modification, and                       62379.
                                 Relocation Permits.
Section 45-5-11...............  Operating Permits........      8/31/00  10/7/02; 67 FR       (c)(47).
                                                                         62379.
Section 45-5-12...............  Reporting and Testing....      8/31/00  10/7/02; 67 FR       (c)(47).
                                                                         62379.
Section 45-5-13...............  Variance.................      8/31/00  10/7/02; 67 FR       (c)(47).
                                                                         62379.
Section 45-5-14...............  Transfer of Permits......      8/31/00  10/7/02; 67 FR       (c)(47).
                                                                         62379.
Section 45-5-15...............  Inconsistency Between          8/31/00  10/7/02; 67 FR       (c)(47).
                                 Rules.                                  62379.
Appendix......................  Particulate Emission           8/31/00  10/7/02; 67 FR       (c)(47).
                                 Limitations and                         62379.
                                 Operational monitoring
                                 Requirements Applicable
                                 to Thermal Dryers
                                 Installed Before October
                                 24, 1974.
----------------------------------------------------------------------------------------------------------------
                       [45CSR] Series 6 Control of Air Pollution From Combustion of Refuse
----------------------------------------------------------------------------------------------------------------
Section 45-6-1................  General..................       6/1/08  3/25/09, 74 FR       Added subsection
                                                                         12560.               1.1.a.
Section 45-6-2................  Definitions..............       6/1/08  3/25/09, 74 FR       Terms added:
                                                                         12560.               ``Agency
                                                                                              Administrator,''
                                                                                              ``CFR,''
                                                                                              ``Prescribed
                                                                                              Burning,'' and
                                                                                              ``Secretary.''
                                                                                             Terms removed:
                                                                                              ``Clean Lumber,''
                                                                                              ``Director,''
                                                                                              ``Wood Waste,''
                                                                                              and ``Yard
                                                                                              Waste.''
                                                                                             Terms amended:
                                                                                              ``Incinerator,''
                                                                                              ``Incinerator
                                                                                              Capacity,''
                                                                                              ``Opacity,''
                                                                                              ``Open Burning,''
                                                                                              ``Pathological
                                                                                              Waste,'' and
                                                                                              ``Refuse.''
Section 45-6-3................  Open Burning Prohibited..       6/1/08  3/25/09, 74 FR       Added subsection
                                                                         12560.               3.1.e. (3.1.e.1
                                                                                              through 3.1.e.6).
                                                                                             Revised subsections
                                                                                              3.1, 3.1.b,
                                                                                              3.1.c.3, and
                                                                                              3.2.a.
Section 45-6-4................  Emission Standards for          6/1/08  3/25/09, 74 FR       Deleted subsections
                                 Incinerators.                           12560.               4.8, and 4.8.a
                                                                                              through 4.8.d.
                                                                                             Revised subsections
                                                                                              4.1, 4.2, 4.3,
                                                                                              4.5, 4.7 and
                                                                                              4.8.e.
                                                                                             Added subsections
                                                                                              4.9 and 4.10.
Section 45-6-5................  Registration.............       6/1/08  3/25/09, 74 FR       Revised subsection
                                                                         12560.               5.1.

[[Page 1042]]

 
Section 45-6-6................  Permits..................   6/1/08, 74  Revised subsections
                                                              FR 12560   6.1, 6.1.a.3,
                                                                         6.1.a.4, 6.1.b.3,
                                                                         6.1.b.5, 6.1.b.6,
                                                                         and 6.1.b.7..
                                                                                             Added subsection
                                                                                              6.2.
Section 45-6-7................  Reports and Testing......       6/1/08  3/25/09, 74 FR       Revised subsections
                                                                         12560.               7.1 and 7.2.
Section 45-6-8................  Variances................       6/1/08  3/25/09, 74 FR       Revised subsections
                                                                         12560.               8.1 and 8.2.
Section 45-6-9................  Emergencies and Natural         6/1/08  3/25/09, 74 FR       Revised subsection
                                 Disasters.                              12560.               9.1.
                                                                                             Added subsections
                                                                                              9.1.c, 9.2, and
                                                                                              9.2.a through
                                                                                              9.2.c.
Section 45-6-10...............  Exemptions...............       6/1/08  3/25/09, 74 FR       New Section.
                                                                         12560.
Section 45-6-11...............  Effect of the Rule.......       6/1/08  3/25/09, 74 FR       Recodified--formerl
                                                                         12560.               y section 45-6-10.
Section 45-6-12...............  Inconsistency Between           6/1/08  3/25/09, 74 FR       Recodified--formerl
                                 Rules.                                  12560.               y section 45-6-11.
 [45 CSR] Series 7 To Prevent and Control Particulate Matter Air Pollution From Manufacturing Process Operations
----------------------------------------------------------------------------------------------------------------
Section 45-7-1................  General..................     08/31/00  06/03/03; 68 FR      (c)(55).
                                                                         33010.
Section 45-7-2................  Definitions..............     08/31/00  06/03/03; 68 FR      (c)(55).
                                                                         33010.
Section 45-7-3................  Emission of Smoke and/or      08/31/00  06/03/03; 68 FR      (c)(55).
                                 Particulate Matter                      33010.
                                 Prohibited and Standards
                                 of Measurement.
Section 45-7-4................  Control and Prohibition       08/31/00  06/03/03; 68 FR      (c)(55).
                                 of Particulate Emissions                33010.
                                 by Weight from
                                 Manufacturing Process
                                 Source Operations.
Section 45-7-5................  Control of Fugitive           08/31/00  06/03/03; 68 FR      (c)(55).
                                 Particulate Matter.                     33010.
Section 45-7-6................  Registration.............     08/31/00  06/03/03; 68 FR      (c)(55).
                                                                         33010.
Section 45-7-7................  Permits..................     08/31/00  06/03/03; 68 FR      (c)(55).
                                                                         33010.
Section 45-7-8................  Reporting and Testing....     08/31/00  06/03/03; 68 FR      (c)(55).
                                                                         33010.
Section 45-7-9................  Variance.................     08/31/00  06/03/03; 68 FR      (c)(55).
                                                                         33010.
Section 45-7-10...............  Exemptions...............     08/31/00  06/03/03; 68 FR      (c)(55).
                                                                         33010.
Section 45-7-11...............  Alternative Emission          08/31/00  06/03/03; 68 FR      (c)(55).
                                 Limits for Duplicate                    33010.
                                 Source Operations.
Section 45-7-12...............  Inconsistency Between         08/31/00  06/03/03; 68 FR      (c)(55).
                                 Rules..                                 33010.
TABLE 45-7A TABLE 45-7B.......  [Maximum Allowable            08/31/00  06/03/03; 68 FR      (c)(55).
                                 Emission Rates From                     33010.
                                 Sources Governed by 45
                                 CFR Series 7].
----------------------------------------------------------------------------------------------------------------
    [Ch. 16-20] TP-4 Compliance Test Procedures for Regulation VII--``To Prevent and Control Particulate Air
                                Pollution From Manufacturing Process Operations''
----------------------------------------------------------------------------------------------------------------
Section 1.....................  General..................      2/23/84  6/28/85; 45 FR       no (c) number.
                                                                         26732.
Section 2.....................  Visible Emission Test          2/23/84  6/28/85; 45 FR       no (c) number.
                                 Procedure.                              26732.
Section 3.....................  Mass Emission Test             2/23/84  6/28/85; 45 FR       no (c) number.
                                 Procedures.                             26732.
----------------------------------------------------------------------------------------------------------------

[[Page 1043]]

 
            [45 CSR] Series 8 Ambient Air Quality Standards for Sulfur Oxides and Particulate Matter
----------------------------------------------------------------------------------------------------------------
Section 45-8-1................  General..................       6/1/08  02/10/09, 74 FR      Added language to
                                                                         6552.                repeal provisions
                                                                                              contained in
                                                                                              Sections 45CSR9
                                                                                              and 45CSR12.
Section 45-8-2................  Anti-Degradation Policy..       6/1/08  2/10/09, 74 FR 6552  Added definitions
                                                                                              for:
                                                                                              Administrator,
                                                                                              ambient air, clean
                                                                                              air act,
                                                                                              equivalent method,
                                                                                              ozone, person,
                                                                                              PM2.5, and
                                                                                              reference methods.
Section 45-8-3................  Definitions..............       6/1/08  2/10/09, 74 FR
                                                                         6552..
Section 45-8-4................  Ambient Air Quality             6/1/08  2/10/09, 74 FR 6552  Added ambient air
                                 Standards.                                                   quality standards
                                                                                              for PM2.5, carbon
                                                                                              monoxide, nitrogen
                                                                                              dioxide, ozone and
                                                                                              lead.
Section 45-8-5................  Methods of Measurement...       6/1/08  2/10/09, 74 FR 6552  Added reference
                                                                                              methods for PM2.5,
                                                                                              carbon monoxide,
                                                                                              nitrogen dioxide,
                                                                                              ozone and lead.
Section 45-8-6................  Reference Conditions.....       6/1/08  2/10/09, 74 FR 6552  New Section.
Section 45-8-7................  Inconsistency Between           6/1/08  2/10/09, 74 FR
                                 Rules.                                  6552..
           [45 CSR] Series 10 To Prevent and Control Air Pollution from the Emission of Sulfur Oxides
----------------------------------------------------------------------------------------------------------------
Section 45-10-1...............  General..................      8/31/00  6/3/03; 68 FR 33002  (c)(53).
Section 45-10-2...............  Definitions..............      8/31/00  6/3/03; 68 FR 33002  (c)(53).
Section 45-10-3...............  Sulfur Dioxide Weight          8/31/00  6/3/03; 68 FR 33002  (c)(53).
                                 Emission Standards for
                                 Fuel Burning Units.
Section 45-10-4...............  Standards for                  8/31/00  6/3/03; 68 FR 33002  (c)(53).
                                 Manufacturing Process
                                 Source Operations.
Section 45-10-5...............  Combustion of Refinery or      8/31/00  6/3/03; 68 FR 33002  (c)(53).
                                 Process Gas Streams.
Section 45-10-6...............  Registration.............      8/31/00  6/3/03; 68 FR 33002  (c)(53).
Section 45-10-7...............  Permits..................      8/31/00  6/3/03; 68 FR 33002  (c)(53).
Section 45-10-8...............  Testing, Monitoring,           8/31/00  6/3/03; 68 FR 33002  (c)(53).
                                 Recordkeeping and
                                 Reporting.
Section 45-10-9...............  Variance.................      8/31/00  6/3/03; 68 FR 33002  (c)(53).
Section 45-10-10..............  Exemptions and                 8/31/00  6/3/03; 68 FR 33002  (c)(53).
                                 Recommendations.
Section 45-10-11..............  Circumvention............      8/31/00  6/3/03; 68 FR 33002  (c)(53).
Section 45-10-12..............  Inconsistency Between          8/31/00  6/3/03; 68 FR 33002  (c)(53).
                                 Rules.
TABLE 45-10A..................  [Priority                      8/31/00  6/3/03; 68 FR 33002  (c)(53).
                                 Classifications].
TABLE 45-10B..................  [Allowable Percent Sulfur      8/31/00  6/3/03; 68 FR 33002  (c)(53).
                                 Content of Fuels].
----------------------------------------------------------------------------------------------------------------

[[Page 1044]]

 
                        [45 CSR] Series 11 Prevention of Air Pollution Emergency Episodes
----------------------------------------------------------------------------------------------------------------
Section 45-11-1...............  General..................      4/25/90  6/28/93; 58 FR       (c)(28).
                                                                         34526.
Section 45-11-2...............  Definitions..............      4/25/90  6/28/93; 58 FR       (c)(28).
                                                                         34526.
Section 45-11-3...............  Episode Criteria.........      4/25/90  6/28/93; 58 FR       (c)(28).
                                                                         34526.
Section 45-11-4...............  Methods of Measurement...      4/25/90  6/28/93; 58 FR       (c)(28).
                                                                         34526.
Section 45-11-5...............  Preplanned Reduction           4/25/90  6/28/93; 58 FR       (c)(28).
                                 Strategies.                             34526.
Section 45-11-6...............  Emission Reduction Plans.      4/25/90  6/28/93; 58 FR       (c)(28).
                                                                         34526.
TABLE I.......................  Emission Reduction Plans-      4/25/90  6/28/93; 58 FR       (c)(28).
                                 Alert Level.                            34526.
TABLE II......................  Emission Reduction Plans-      4/25/90  6/28/93; 58 FR       (c)(28).
                                 Warning Level.                          34526.
TABLE III.....................  Emission Reduction Plans-      4/25/90  6/28/93; 58 FR       (c)(28).
                                 Emergency Level.                        34526.
Section 45-11-7...............  Air Pollution                  4/25/90  6/28/93; 58 FR       (c)(28).
                                 Emergencies; Contents of                34526.
                                 Order; Hearings; Appeals.
Section 45-11-8...............  Inconsistency Between          4/25/90  6/28/93; 58 FR       (c)(28).
                                 Regulations.                            34526.
----------------------------------------------------------------------------------------------------------------
[45 CSR] Series 13 Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air
    Pollutants, Notification Requirements, Temporary Permits, General Permits, and Procedures for Evaluation
----------------------------------------------------------------------------------------------------------------
Section 45-13-1...............  General..................       6/1/03  2/8/07; 72 FR 5932.
Section 45-13-2...............  Definitions..............       6/1/03  2/8/07; 72 FR 5932.
Section 45-13-3...............  Reporting Requirements          6/1/03  2/8/07; 72 FR 5932.
                                 for Stationary Sources.
Section 45-13-4...............  Administrative Updates to       6/1/03  2/8/07; 72 FR 5932.
                                 Existing Permits and
                                 General Permit
                                 Registrations.
Section 45-13-5...............  Permit Application and          6/1/03  2/8/07; 72 FR 5932.
                                 Reporting Requirements
                                 for Construction of and
                                 Modifications to
                                 Stationary Sources.
Section 45-13-6...............  Determination of                6/1/03  2/8/07; 72 FR 5932.
                                 Compliance of Stationary
                                 Sources.
Section 45-13-7...............  Modeling.................       6/1/03  2/8/07; 72 FR 5932.
Section 45-13-8...............  Public Review Procedures.       6/1/03  2/8/07; 72 FR 5932.
Section 45-13-9...............  Public Meetings..........       6/1/03  2/8/07; 72 FR 5932.
Section 45-13-10..............  Permit Transfer,                6/1/03  2/8/07; 72 FR 5932.
                                 Suspension, Revocation
                                 and Responsibility.
Section 45-13-11..............  Temporary Construction or       6/1/03  2/8/07; 72 FR 5932.
                                 Modification Permits.
Section 45-13-12..............  Permit Application Fees..       6/1/03  2/8/07; 72 FR 5932.
Section 45-13-13..............  Inconsistency Between           6/1/03  2/8/07; 72 FR 5932.
                                 Rules.
Section 45-13-14..............  Statutory Air Pollution..       6/1/03  2/8/07; 72 FR 5932.
Section 45-13-15..............  Hazardous Air Pollutants.       6/1/03  2/8/07; 72 FR 5932.
TABLE 45-13A..................  Potential Emission Rate..       6/1/00  2/28/03; 68 FR 9559  (c)(52).
TABLE 45-13B..................  De Minimis Sources.......       6/1/03  2/8/07; 72 FR 5932.
----------------------------------------------------------------------------------------------------------------
 [45 CSR] Series 14 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution
                                 for the Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
Section 45-14-1...............  General..................       6/1/05  11/2/06; 71 FR
                                                                         64470.

[[Page 1045]]

 
Section 45-14-2 (Except: 14-    Definitions..............       6/1/05  11/2/06; 71 FR
 2.17, 14-2.40.i, 14-2.46.d.2,                                           64470.
 14-2.46.g.4, and 14-2.56.).
Section 45-14-3 (Except: 4-     Applicability............       6/1/05  11/2/06; 71 FR       New Section.
 3.4.e, 14-3.4.f (part), and                                             64470.
 14-3.6).
Section 45-14-4...............  Ambient Air Quality             6/1/05  11/2/06; 71 FR       Formerly Section 45-
                                 Increments and Ceilings.                64470.               14-3.
Section 45-14-5...............  Area Classification......       6/1/05  11/2/06; 71 FR       Formerly Section 45-
                                                                         64470.               14-4.
Section 45-14-6...............  Prohibition of Dispersion       6/1/05  11/2/06; 71 FR       Formerly Section 45-
                                 Enhancement Techniques.                 64470.               14-5.
Section 45-14-7...............  Registration, Report and        6/1/05  11/2/06; 71 FR       Formerly Section 45-
                                 Permit Requirements for                 64470.               14-6.
                                 Major Stationary Sources
                                 and Major Modifications.
Section 45-14-8...............  Requirements Relating to        6/1/05  11/2/06; 71 FR       Formerly Section 45-
                                 Control Technology.                     64470.               14-7.
Section 45-14-9...............  Requirements Relating to        6/1/05  11/2/06; 71 FR       Formerly Section 45-
                                 the Source's Impact on                  64470.               14-8.
                                 Air Quality.
Section 45-14-10..............  Modeling Requirements....       6/1/05  11/2/06; 71 FR       Formerly Section 45-
                                                                         64470.               14-9.
Section 45-14-11..............  Air Quality Monitoring          6/1/05  11/2/06; 71 FR       Formerly Section 45-
                                 Requirements.                           64470.               14-10.
Section 45-14-12..............  Additional Impacts              6/1/05  11/2/06; 71 FR       Formerly Section 45-
                                 Analysis Requirements.                  64470.               14-11.
Section 45-14-13..............  Additional Requirements         6/1/05  11/2/06; 71 FR       Formerly Section 45-
                                 and Variances for                       64470.               14-12.
                                 Sources Impacting
                                 Federal Class I Areas.
Section 45-14-14..............  Procedures for Sources          6/1/05  11/2/06; 71 FR       Formerly Section 45-
                                 Employing Innovative                    64470.               14-13.
                                 Control Technology.
Section 45-14-15..............  Exclusions From Increment       6/1/05  11/2/06; 71 FR       Formerly Section 45-
                                 Consumption.                            64470.               14-14.
Section 45-14-16..............  Specific Exemptions......       6/1/05  11/2/06; 71 FR       Formerly Section 45-
                                                                         64470.               14-15.
Section 45-14-17..............  Public Review Procedures.       6/1/05  11/2/06; 71 FR       Formerly Section 45-
                                                                         64470.               14-16.
Section 45-14-18..............  Public Meetings..........       6/1/05  11/2/06; 71 FR       Formerly Section 45-
                                                                         64470.               14-17.
Section 45-14-19 (Except part   Permit Transfer,                6/1/05  11/2/06; 71 FR       Formerly Section 45-
 of 14-19.8).                    Cancellation, and                       64470.               14-8.
                                 Responsibility.
Section 45-14-20..............  Disposition of Permits...       6/1/05  11/2/06; 71 FR       Formerly Section 45-
                                                                         64470.               14-19.
Section 45-14-21..............  Conflict with Other             6/1/05  11/2/06; 71 FR       Formerly Section 45-
                                 Permitting Rules.                       64470.               14-20.
Section 45-14-25..............  Actuals PALs.............       6/1/05  11/2/06; 71 FR       New Section.
                                                                         64470.
Section 45-14-26..............  Inconsistency Between           6/1/05  11/2/06; 71 FR       New Section.
                                 Rules.                                  64470.
----------------------------------------------------------------------------------------------------------------
 [45 CSR] Series 19 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution
                                   Which Cause or Contribute to Nonattainment
----------------------------------------------------------------------------------------------------------------
Section 45-19-1...............  General..................       6/1/05  11/2/06; 71 FR
                                                                         64468.
Section 45-19-2 (Except: 19-    Definitions..............       6/1/05  11/2/06; 71 FR
 2.16, 19-2.33.c.8, 19-                                                  64468.
 2.39.b.2.C, 19-2.39.b.5, and
 19-2.53).
Section 45-19-3 (Except: 19-    Applicability............       6/1/05  11/2/06; 71 FR
 3.4.e, 19-3.4.f (part), and                                             64468.
 19-3.6).
Section 45-19-4...............  Conditions for a Permit         6/1/05  11/2/06; 71 FR
                                 Approval for Proposed                   64468.
                                 Major Sources that Would
                                 Contribute to a
                                 Violation of NAAQS.
Section 45-19-5...............  Conditions for Permit           6/1/05  11/2/06; 71 FR
                                 Approval for Sources                    64468.
                                 Locating In Attainment
                                 or Unclassifiable Areas
                                 that Would Cause a New
                                 Violation of a NAAQS.

[[Page 1046]]

 
Section 45-19-7...............  Baseline for Determining        6/1/05  11/2/06; 71 FR
                                 Credit for Emission                     64468.
                                 Offsets.
Section 45-19-8...............  Location of Emissions           6/1/05  11/2/06; 71 FR
                                 Offsets.                                64468.
Section 45-19-9...............  Administrative Procedures       6/1/05  11/2/06; 71 FR
                                 for Emission Offset                     64468.
                                 Proposals.
Section 45-19-12..............  Reasonable Further              6/1/05  11/2/06; 71 FR
                                 Progress.                               64468.
Section 45-19-13..............  Source Impact Analysis...       6/1/05  11/2/06; 71 FR
                                                                         64468.
Section 45-19-14..............  Permit Requirements for         6/1/05  11/2/06; 71 FR
                                 Major Stationary Sources                64468.
                                 and Major Modifications.
Section 45-19-15..............  Public Review Procedures.       6/1/05  11/2/06; 71 FR
                                                                         64468.
Section 45-19-16..............  Public Meetings..........       6/1/05  11/2/06; 71 FR
                                                                         64468.
Section 45-19-17 (Except part   Permit Transfer,                6/1/05  11/2/06; 71 FR
 of 19-17.4).                    Cancellation and                        64468.
                                 Responsibility.
Section 45-19-18..............  Disposition of Permits...       6/1/05  11/2/06; 71 FR
                                                                         64468.
Section 45-19-19..............  Requirements for Air            6/1/05  11/2/06; 71 FR
                                 Quality Models.                         64468.
Section 45-19-23..............  Actuals PAL..............       6/1/05  11/2/06; 71 FR
                                                                         64468.
Section 45-19-24..............  Conflict with Other             6/1/05  11/2/06; 71 FR
                                 Permitting Rules.                       64468.
Section 45-19-25..............  Inconsistency Between           6/1/05  11/2/06; 71 FR
                                 Rules.                                  64468.
Table 45-19A..................  No Title [Table of              6/1/05  11/2/06; 71 FR
                                 Significance Levels].                   64468.
Table 45-19B..................  Averaging Time (hours)...       6/1/05  11/2/06; 71 FR
                                                                         64468.
----------------------------------------------------------------------------------------------------------------
                   [45 CSR] Series 20 Good Engineering Practice as Applicable to Stack Heights
----------------------------------------------------------------------------------------------------------------
Section 45-20-1...............  General..................      7/14/89  4/19/94; 59 FR       (c)(27).
                                                                         18489.
Section 45-20-2...............  Definitions..............      7/14/89  4/19/94; 59 FR       (c)(27).
                                                                         18489.
Section 45-20-3...............  Standards................      7/14/89  4/19/94; 59 FR       (c)(27).
                                                                         18489.
Section 45-20-4...............  Public Review Procedures.      7/14/89  4/19/94; 59 FR       (c)(27).
                                                                         18489.
Section 45-20-5...............  Inconsistency Between          7/14/89  4/19/94; 59 FR       (c)(27).
                                 Regulations.                            18489.
----------------------------------------------------------------------------------------------------------------
    [45 CSR] Series 21 Regulation To Prevent and Control Air Pollution From the Emission of Volatile Organic
                                                    Compounds
----------------------------------------------------------------------------------------------------------------
Section 45-21-1...............  General..................       7/7/93  2/1/95; 60 FR 6022.  (c)(33).
Section 45-21-2...............  Definitions..............       7/7/93  2/1/95; 60 FR 6022.  (c)(33).
Section 45-21-3...............  Applicability............       7/7/93  2/1/95; 60 FR 6022.  (c)(33).
Section 45-21-4...............  Compliance Certification,       7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Recordkeeping, and
                                 Reporting Procedures for
                                 Coating Sources.
Section 45-21-5...............  Compliance Certification,       7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Recordkeeping, and
                                 Reporting Requirements
                                 for Non-Coating Sources.
Section 45-21-6...............  Requirements for Sources        7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Complying by Use of
                                 Control Devices.
Section 45-21-7...............  Circumvention............       7/7/93  2/1/95; 60 FR 6022.  (c)(33).
Section 45-21-8...............  Handling, Storage, and          7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Disposal of Volatile
                                 Organic Compounds (VOCs).
Section 45-21-9...............  Compliance Programs,            7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Registration, Variance,
                                 Permits, Enforceability.
Section 45-21-11..............  Can Coating..............       7/7/93  2/1/95; 60 FR 6022.  (c)(33).
Section 45-21-12..............  Coil Coating.............       7/7/93  2/1/95; 60 FR 6022.  (c)(33).
Section 45-21-14..............  Fabric Coating...........       7/7/93  2/1/95; 60 FR 6022.  (c)(33).

[[Page 1047]]

 
Section 45-21-15..............  Vinyl Coating............       7/7/93  2/1/95; 60 FR 6022.  (c)(33).
Section 45-21-16..............  Coating of Metal                7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Furniture.
Section 45-21-17..............  Coating of Large                7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Appliances.
Section 45-21-18..............  Coating of Magnet Wire...       7/7/93  2/1/95; 60 FR 6022.  (c)(33).
Section 45-21-19..............  Coating of Miscellaneous        7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Metal Parts.
Section 45-21-21..............  Bulk Gasoline Plants.....       7/7/93  2/1/95; 60 FR 6022.  (c)(33).
Section 45-21-22..............  Bulk Gasoline Terminals..       7/7/93  2/1/95; 60 FR 6022.  (c)(33).
Section 45-21-23..............  Gasoline Dispensing             7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Facility--Stage I Vapor
                                 Recovery.
Section 45-21-24..............  Leaks from Gasoline Tank        7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Trucks.
Section 45-21-25..............  Petroleum Refinery              7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Sources.
Section 45-21-26..............  Leaks from Petroleum            7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Refinery Equipment.
Section 45-21-27..............  Petroleum Liquid Storage        7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 in External Floating
                                 Roof Tanks.
Section 45-21-28..............  Petroleum Liquid Storage        7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 in Fixed Roof Tanks.
Section 45-21-29..............  Leaks from Natural Gas/         7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Gasoline Processing
                                 Equipment.
Section 45-21-31..............  Cutback and Emulsified          7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Asphalt.
Section 45-21-39..............  Air Oxidation Processes         7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 in the Synthetic Organic
                                 Chemical Manufacturing
                                 Industry.
Section 45-21-41..............  Test Methods and                7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Compliance Procedures:
                                 General Provisions.
Section 45-21-42..............  Test Methods and                7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Compliance Procedures:
                                 Determining the Volatile
                                 Organic Compound (VOC)
                                 Content of Coatings and
                                 Inks.
Section 45-21-43..............  Test Methods and                7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Compliance Procedures:
                                 Alternative Compliance
                                 Methods for Surface
                                 Coating.
Section 45-21-44..............  Test Methods and                7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Compliance Procedures:
                                 Emission Capture and
                                 Destruction or Removal
                                 Efficiency and
                                 Monitoring Requirements.
Section 45-21-45..............  Test Methods and                7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Compliance Procedures:
                                 Determining the
                                 Destruction or Removal
                                 Efficiency of a Control
                                 Device.
Section 45-21-46..............  Test Methods and                7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Compliance Procedures:
                                 Leak Detection Methods
                                 for Volatile Organic
                                 Compounds (VOCs).
Section 45-21-47..............  Performance                     7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Specifications for
                                 Continuous Emissions
                                 Monitoring of Total
                                 Hydrocarbons.
Section 45-21-48..............  Quality Control                 7/7/93  2/1/95; 60 FR 6022.  (c)(33).
                                 Procedures for
                                 Continuous Emission
                                 Monitoring Systems
                                 (CEMS).
Appendix A....................  VOC Capture Efficiency...       7/7/93  2/1/95; 60 FR 6022.  (c)(33).
----------------------------------------------------------------------------------------------------------------
    [45 CSR] Series 26 NoX Budget Trading Program as a Means of Control and Reduction of Nitrogen Oxides From
                                            Electric Generating Units
----------------------------------------------------------------------------------------------------------------
Section 45-26-1...............  General..................       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         31733.
Section 45-26-2...............  Definitions..............       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         31733.
Section 45-26-3...............  Measurements,                   5/1/02  5/10/02; 67 FR       (c)(46).
                                 Abbreviations and                       31733.
                                 Acronyms.
Section 45-26-4...............  NOX Budget Trading              5/1/02  5/10/02; 67 FR       (c)(46).
                                 Program Applicability.                  31733.
Section 45-26-5...............  Retired Unit Exemption...       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         31733.
Section 45-26-6...............  NOX Budget Trading              5/1/02  5/10/02; 67 FR       (c)(46).
                                 Program Standard                        31733.
                                 Requirements.
Section 45-26-7...............  Computation of Time......       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         31733.

[[Page 1048]]

 
Section 45-26-10..............  Authorization and               5/1/02  5/10/02; 67 FR       (c)(46).
                                 Responsibilities of the                 31733.
                                 NOX Authorized Account
                                 Representative.
Section 45-26-11..............  Alternate NOX Authorized        5/1/02  5/10/02; 67 FR       (c)(46).
                                 Account Representative.                 31733.
Section 45-26-12..............  Changing the NOX                5/1/02  5/10/02; 67 FR       (c)(46).
                                 Authorized Account                      31733.
                                 Representative and the
                                 Alternate NOX Authorized
                                 Account Representative;
                                 Changes in Owners and
                                 Operators.
Section 45-26-13..............  Account Certificate of          5/1/02  5/10/02; 67 FR       (c)(46).
                                 Representation.                         31733.
Section 45-26-14..............  Objections Concerning the       5/1/02  5/10/02; 67 FR       (c)(46).
                                 NOX Authorized Account                  31733.
                                 Representative.
Section 45-26-20..............  General NOX Budget              5/1/02  5/10/02; 67 FR       (c)(46).
                                 Trading Program Permit                  31733.
                                 Requirements.
Section 45-26-21..............  NOX Budget Permit               5/1/02  5/10/02; 67 FR       (c)(46).
                                 Applications.                           31733.
Section 45-26-22..............  Information Requirements        5/1/02  5/10/02; 67 FR       (c)(46).
                                 for NOX Budget Permit                   31733.
                                 Applications.
Section 45-26-23..............  NOX Budget Permit               5/1/02  5/10/02; 67 FR       (c)(46).
                                 Contents.                               31733.
Section 45-26-24..............  NOX Budget Permit               5/1/02  5/10/02; 67 FR       (c)(46).
                                 Revisions.                              31733.
Section 45-26-30..............  Compliance Certification        5/1/02  5/10/02; 67 FR       (c)(46).
                                 Report.                                 31733.
Section 45-26-31..............  Secretary's and                 5/1/02  5/10/02; 67 FR       (c)(46).
                                 Administrator's Action                  31733.
                                 on Compliance
                                 Certifications.
Section 45-26-40..............  State NOX Trading Program       5/1/02  5/10/02; 67 FR       (c)(46).
                                 Budget.                                 31733.
Section 45-26-41..............  Timing Requirements for         5/1/02  5/10/02; 67 FR       (c)(46).
                                 State NOX Allowance                     31733.
                                 Allocations.
Section 45-26-42..............  State NOX Allowance             5/1/02  5/10/02; 67 FR       (c)(46).
                                 Allocations.                            31733.
Section 45-26-43..............  Compliance Supplement           5/1/02  5/10/02; 67 FR       (c)(46).
                                 Pool.                                   31733.
Section 45-26-50..............  NOX Allowance Tracking          5/1/02  5/10/02; 67 FR       (c)(46).
                                 System Accounts.                        31733.
Section 45-26-51..............  Establishment of Accounts       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         31733.
Section 45-26-52..............  NOX Allowance Tracking          5/1/02  5/10/02; 67 FR       (c)(46).
                                 System Responsibilities                 31733.
                                 of NOX Authorized
                                 Account Representative.
Section 45-26-53..............  Recordation of NOX              5/1/02  5/10/02; 67 FR       (c)(46).
                                 Allowance Allocations.                  31733.
Section 45-26-54..............  Compliance...............       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         31733.
Section 45-26-55..............  NOX Allowance Banking....       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         31733.
Section 45-26-56..............  Account Error............       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         31733.
Section 45-26-57..............  Closing of General              5/1/02  5/10/02; 67 FR       (c)(46).
                                 Accounts.                               31733.
Section 45-26-60..............  Submission of NOX               5/1/02  5/10/02; 67 FR       (c)(46).
                                 Allowance Transfers.                    31733.
Section 45-26-61..............  Allowance Transfer              5/1/02  5/10/02; 67 FR       (c)(46).
                                 Recordation.                            31733.
Section 45-26-62..............  Notification.............       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         31733.
Section 45-26-70..............  General Monitoring              5/1/02  5/10/02; 67 FR       (c)(46).
                                 Requirements.                           31733.
Section 45-26-71..............  Initial Certification and       5/1/02  5/10/02; 67 FR       (c)(46).
                                 Recertification                         31733.
                                 Procedures.
Section 45-26-72..............  Out of Control Periods...       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         31733.
Section 45-26-73..............  Notifications............       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         31733.
Section 45-26-74..............  Recordkeeping and               5/1/02  5/10/02; 67 FR       (c)(46).
                                 Reporting.                              31733.

[[Page 1049]]

 
Section 45-26-75..............  Petitions................       5/1/02  5/10/02; 67 FR       (c)(46).
                                                                         31733.
Section 45-26-76..............  Additional Requirements         5/1/02  5/10/02; 67 FR       (c)(46).
                                 to Provide Heat Input                   31733.
                                 Data.
----------------------------------------------------------------------------------------------------------------
 [45 CSR] Series 29 Rule Requiring the Submission of Emission Statements for Volatile Organic Compound Emissions
                                        and Oxides of Nitrogen Emissions
----------------------------------------------------------------------------------------------------------------
Section 45-29-1...............  General..................       7/7/93  8/4/95; 60 FR 39855  (c)(34).
Section 45-29-2...............  Definitions..............       7/7/93  8/4/95; 60 FR 39855  (c)(34).
Section 45-29-3...............  Applicability............       7/7/93  8/4/95; 60 FR 39855  (c)(34).
Section 45-29-4...............  Compliance Schedule......       7/7/93  8/4/95; 60 FR 39855  (c)(34).
Section 45-29-5...............  Emission Statement              7/7/93  8/4/95; 60 FR 39855  (c)(34).
                                 Requirements.
Section 45-29-6...............  Enforceability...........       7/7/93  8/4/95; 60 FR 39855  (c)(34).
Section 45-29-7...............  Severability.............       7/7/93  8/4/95; 60 FR 39855  (c)(34).
----------------------------------------------------------------------------------------------------------------
 [45 CSR] Series 35 Requirements for Determining Conformity of General Federal Actions to Applicable Air Quality
                                    Implementation Plans (General Conformity)
----------------------------------------------------------------------------------------------------------------
Section 45-35-1...............  General..................       5/1/95  9/5/95; 60 FR 46029  (c)(37).
Section 45-35-2...............  Definitions..............       5/1/95  9/5/95; 60 FR 46029  (c)(37).
Section 45-35-3...............  Adoption of Criteria,           5/1/95  9/5/95; 60 FR 46029  (c)(37).
                                 Procedures and
                                 Requirements.
Section 45-35-4...............  Requirements.............       5/1/95  9/5/95; 60 FR 46029  (c)(37).
----------------------------------------------------------------------------------------------------------------
     [45 CSR] Series 39 Control of Annual Nitrogen Oxide Emissions to Mitigate Interstate Transport of Fine
                                     Particulate Matter and Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
Section 45-39-40..............  CAIR NOX Annual Trading         5/1/06  12/18/07; 72 FR      Only Phase I (2009-
                                 Budget.                                 71576.               2014).
Section 45-39-41..............  Timing Requirements for         5/1/06  12/18/07; 72 FR      Only Phase I (2009-
                                 CAIR NOX Annual                         71576.               2014).
                                 Allowance Allocations.
Section 45-39-42..............  CAIR NOX Annual Allowance       5/1/06  12/18/07; 72 FR      Only for Phase I
                                 Allocations.                            71576.               (2009-2014).
----------------------------------------------------------------------------------------------------------------
  [45 CSR] Series 40 Control of Ozone Season Nitrogen Oxide Emissions to Mitigate Interstate Transport of Ozone
                                               and Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
Section 45-40-40..............  CAIR NOX Ozone Season           5/1/06  12/18/07; 72 FR      1. Except for
                                 Trading Budget.                         71576.               subsection 40.3,
                                                                                              and non-EGUs in
                                                                                              subsection 40.1
                                                                                              table.
                                                                                             2. Only Phase I
                                                                                              (2009-2014).
Section 45-40-41..............  Timing Requirements for         5/1/06  12/18/07; 72 FR      Only Phase I (2009-
                                 CAIR NOX Ozone Season                   71576.               2014).
                                 Allowance Allocations.
Section 45-40-42..............  CAIR NOX Ozone Season           5/1/06  12/18/07; 72 FR      1. Except for
                                 Allowance Allocations.                  71576.               subsections
                                                                                              42.2.d, 42.2.e,
                                                                                              42.3.a.2, and
                                                                                              42.4.b.
                                                                                             2. Only Phase I
                                                                                              (2009--2014).
----------------------------------------------------------------------------------------------------------------


[[Page 1050]]

    (d) EPA approved state source-specific requirements.

[[Page 1051]]



                                    EPA-Approved Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
                                     Permit/order or         State                               explanation/
           Source name             registration number  effective date   EPA approval date    citation at 40 CFR
                                                                                                   52.2565
----------------------------------------------------------------------------------------------------------------
Mountaineer Carbon Co............  Consent Order......          7/2/82  9/1/82 47 FR 38532.  (c)(18).
National Steel Corp.--Weirton      Consent Order                7/6/82  12/9/82 47 FR 55396  (c)(19).
 Steel Division.                    (Bubble).
Columbia Gas Transmission          Consent Order......         9/12/90  4/24/91 56 FR 18733  (c)(24).
 Corporation--Lost River Station.
Wheeling-Pittsburgh Steel Corp...  Consent Order CO-          11/14/91  7/25/94 59 FR 37696  (c)(26).
                                    SIP-91-29.
Standard Lafarge.................  Consent Order CO-          11/14/91  7/25/94 59 FR 37696  (c)(26).
                                    SIP-91-30.
Follansbee Steel Corp............  Consent Order CO-          11/14/91  7/25/94 59 FR 37696  (c)(26).
                                    SIP-91-31.
Koppers Industries, Inc..........  Consent Order CO-          11/14/91  7/25/94 59 FR 37696  (c)(26).
                                    SIP-91-32.
International Mill Service, Inc..  Consent Order CO-          11/14/91  7/25/94 59 FR 37696  (c)(26).
                                    SIP-91-33.
Starvaggi Industries, Inc........  Consent Order CO-          11/14/91  7/25/94 59 FR 37696  (c)(26).
                                    SIP-91-34.
Quaker State Corporation.........  Consent Order CO-            1/9/95  11/27/96 61 FR       (c)(35).
                                    SIP-95-1.                            60191.
Weirton Steel Corporation........  Consent Order CO-            1/9/95  11/27/96 61 FR       (c)(35).
                                    SIP-95-2.                            60191.
PPG Industries, Inc..............  Consent Order CO-           1/25/00  8/2/00 65 FR 47339.  (c)(44)(i)(B)(1).
                                    SIP-2000-1.
Bayer Corporation................  Consent Order CO-           1/26/00  8/2/00 65 FR 47339.  (c)(44)(i)(B)(2).
                                    SIP-2000-2.
Columbian Chemicals Company......  Consent Order CO-           1/31/00  8/2/00 65 FR 47339.  (c)(44)(i)(B)(3).
                                    SIP-2000-3.
PPG Industries, Inc..............  Consent Order CO-           7/29/03  4/28/04 69 FR 23110  (c)(58).
                                    SIP-C-2003-27.
Wheeling-Pittsburgh Steel          Operating Permit            8/19/03  05/05/04 69 FR       (c)(59)(i)(B)(1).
 Corporation.                       R13-1939A.                           24986.
Weirton Steel Corporation........  Consent Order, CO-           8/4/03  05/05/04 69 FR       (c)(59)(i)(B)(2).
                                    SIP-C-2003-28.                       24986.
----------------------------------------------------------------------------------------------------------------

    (e) EPA-approved nonregulatory and quasi-regulatory material.

----------------------------------------------------------------------------------------------------------------
                                                         State
   Name of non-regulatory SIP          Applicable      submittal     EPA  approval  date          Additional
            revision                geographic area       date                                   explanation
----------------------------------------------------------------------------------------------------------------
PM-10 Attainment Plan...........  Folansbee Area.....   11/15/91  7/25/94, 59 FR 37688       52.2522(f);
                                                                                              renumbered as (d)
                                                                                              at 60 FR 33925.
                                                        11/22/95  11/15/96, 61 FR 58481      52.2522(g).
Sulfur Dioxide Attainment         City of Weirton       12/29/03  05/05/04, 69 FR 24986      52.2525(b).
 Demonstration.                    Butler and Clay
                                   Magisterial
                                   Districts (Brooke
                                   & Hancock
                                   Counties).
1990 Base Year Emissions          Greenbrier County..   12/22/92  8/4/95, 60 FR 39857        52.2531.
 Inventory-VOC, CO, NOX.
Small Business stationary source  Statewide..........    1/13/93  9/15/93, 58 FR 48309       52.2560.
 technical and environmental
 compliance assistance program.
Lead (Pb) SIP...................  Statewide..........    6/13/80  10/29/81, 46 FR 53413      52.2565(c)(15).
Air Quality Monitoring Network..  Statewide..........    11/4/83  4/27/84, 49 FR 18094       52.2565(c)(21).
Ozone Maintenance Plan,           Huntington Area        8/10/94  12/21/94, 59 FR 65719      52.2565(c)(30).
 emissions inventory &             (Cabell & Wayne
 contingency measures.             Counties).
Ozone Maintenance Plan,           Parkersburg Area       8/10/94  9/6/94, 59 FR 45978        52.2565(c)(31).
 emissions inventory &             (Wood County).
 contingency measures.
Ozone Maintenance Plan,           Charleston Area        8/10/94  9/6/94, 59 FR 45985        52.2565(c)(32).
 emissions inventory &             (Kanahwa & Putnam
 contingency measures.             Counties).
Sulfur Dioxide Plan.............  Grant Magisterial      2/17/95  11/27/96, 61 FR 60253      52.2565(c)(35).
                                   District (Hancock
                                   County).
Ozone Maintenance Plan &          Greenbrier County..     9/9/94  8/4/95, 60 FR 39857        52.2565(c)(36).
 contingency measures.

[[Page 1052]]

 
                                                        11/29/06  1/8/08, 73 FR 1282         Action includes (a)
                                                                                              removal of the
                                                                                              obligation to
                                                                                              submit a
                                                                                              maintenance plan
                                                                                              eight years after
                                                                                              initial approval,
                                                                                              and (b) removal of
                                                                                              the obligation to
                                                                                              implement
                                                                                              contingency
                                                                                              measures upon a
                                                                                              violation of the
                                                                                              NAAQS
Sulfur Dioxide Plan.............  Marshall County....    2/17/00  8/2/00, 65 FR 47339        52.2565(c)(44).
Ozone Maintenance Plan--          Huntington Area        8/10/94  2/8/02, 67 FR 5953         52.2565(c)(45).
 amendments.                       (Cabell & Wayne
                                   Counties).
Sulfur Dioxide Maintenance Plan.  City of Weirton;       7/27/04  01/10/05, 70 FR 1664       The SIP-effective
                                   Butler and Clay                                            date is 3/11/05.
                                   Magisterial
                                   District (Hancock
                                   County).
Sulfur Dioxide Maintenance Plan.  New Manchester-        7/27/04  6/08/05, 70 FR 33364
                                   Grant Magisterial
                                   District in
                                   Hancock County.
Attainment Demonstration and      Berkeley and          12/29/04  8/17/05, 70 FR 48287
 Early Action Plan for the         Jefferson Counties.
 Eastern Panhandle Region Ozone
 Early Action Compact Area.
8-Hour Ozone Maintenance Plan     Charleston Area       11/30/05  07/11/06, 71 FR 39001      Action includes
 for the Charleston, WV Area.      (Kanawha and                                               approval of the
                                   Putnam Counties).                                          following motor
                                                                                              vehicle emission
                                                                                              budgets (MVEB):
                                                                                              8.2 tons per day
                                                                                              (tpd) for NOX and
                                                                                              7.2 tpd for VOC.
City of Weirton PM-10             Hancock and Brooke     4/24/04  7/14/06, 71 FR 40023       Limited maintenance
 Maintenance Plan.                 Counties (part)--                                          plan.
                                   the City of
                                   Weirton.
8-Hour Ozone Maintenance Plan     Cabell and Wayne       5/17/06  9/15/06, 71 FR 54421
 for the Huntington-Ashland, WV-   Counties.
 KY Area.
8-Hour Ozone Maintenance Plan     Wood County........   09/08/06  5/8/07; 72 FR 2967
 for the Parkersburg-Marietta,
 WV-OH Area.
                                                         8/25/08  10/30/08; 73 FR 64548      Reallocation of
                                                                                              emissions from the
                                                                                              existing ``safety
                                                                                              margin'' to
                                                                                              increase the
                                                                                              available motor
                                                                                              vehicle emission
                                                                                              budgets for
                                                                                              highway vehicles.
8-Hour Ozone Maintenance Plan     Brooke and Hancock    08/03/06  5/14/07, 72 FR 27063       ...................
 for the Steubenville-Weirton,     Counties.
 OH-WV Area.
8-Hour Ozone Maintenance Plan     Marshall and Ohio     07/24/06  5/15/07, 72 FR 27247
 for the Wheeling, WV-OH Area.     County.
Article 3, Chapter 64 of the      Statewide..........     5/1/06  12/18/07, 72 FR 71576      Effective date of
 Code of West Virginia, 1931.                                                                 March 11, 2006.
8-Hour Ozone Maintenance Plan     Greenbrier County..   11/29/06  1/8/08, 73 FR 1282.
 for Greenbrier County, WV.
8-Hour Ozone Maintenance Plan     Charleston Area       11/30/05  7/11/06 71 FR 39001
 for the Charleston, WV Area.      (Kanawha and
                                   Putnam Counties).

[[Page 1053]]

 
                                                        01/08/07  1/14/08, 73 FR 2156        Action includes
                                                                                              approval of the
                                                                                              following new
                                                                                              motor vehicle
                                                                                              emission budgets
                                                                                              (MVEBs): 22.9 tons
                                                                                              day (tpd) for 2009
                                                                                              and 9.5 tpd for
                                                                                              2018 for NOX and
                                                                                              12.9 tpd for 2009
                                                                                              and 7.5 tpd for
                                                                                              2018 for VOC.
State of West Virginia            Entire State.......  4/12/2007  5/2/2008, 73 FR 24175      Memoranda of
 Transportation Conformity                                                                    Understanding
 Requirements.                                                                                between EPA, FHWA,
                                                                                              FTA, State of West
                                                                                              Virginia, and six
                                                                                              Metropolitan
                                                                                              Planning
                                                                                              Organizations.
----------------------------------------------------------------------------------------------------------------


[70 FR 7027, Feb. 10, 2005]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2520, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.2521  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Steubenville-Weirton-Wheeling Interstate.............           I          I       III       III           III
Parkersburg-Marietta Interstate......................           I         II       III       III           III
Huntington-Ashland-Portsmouth-Ironton Interstate.....           I        III       III       III           III
Kanawha Valley Intrastate............................           I        III       III       III           III
Southern West Virginia Intrastate....................         III        III       III       III           III
North Central West Virginia Intrastate...............           I        III       III       III           III
Cumberland-Keyser Interstate.........................           I          I       III       III           III
Central West Virginia Intrastate.....................         III        III       III       III           III
Allegheny Intrastate.................................         III        III       III       III           III
Eastern Panhandle Intrastate.........................         III        III       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10902, May 31, 1972]



Sec. 52.2522  Approval status.

    With the exceptions set forth below in this subpart, the 
Administrator approves West Virginia's plan for the attainment and 
maintenance of the national standards.
    (a) The Administrator approves the deletion of the provisions found 
in section 3.03(b) of regulation X except as it applies to the 
Rivesville plant, Monongahela Power Co.
    (b) The Administrator hereby extends the interim limitation of 5.12 
lbs. SO2 per million BTU for the Harrison power plant until a 
permanent emission limitation is approved.
    (c) The Administrator approves the amended Sections 3.01(2) and 
3.03(1) of

[[Page 1054]]

West Virginia Air Pollution Control Commission Regulation X submitted 
January 25, 1978 and amended September 13, 1978, as a plan for 
attainment of the primary SO2 NAAQS. The Administrator does 
not approve the State's control strategy for attainment and maintenance 
of the secondary SO2 NAAQS submitted on those dates, so far 
as it applies to the Mitchell and Harrison power stations.
    (d)-(f) [Reserved]
    (g) The Administrator approves West Virginia's November 22, 1995 SIP 
submittal for the Follansbee, West Virginia PM-10 nonattainment area as 
fulfilling the section 189(a)(1)(B) requirement for a demonstration that 
the plan is sufficient to attain the PM-10 NAAQS.
    (h) EPA disapproves the portion of 45 CSR 13 subsection 1 
referencing major stationary sources which have not been issued a permit 
pursuant to 45 CSR 30 and section 11.2, submitted by the West Virginia 
Department of Environmental Protection on August 26, 1994, as revisions 
to the West Virginia SIP. These provisions do not meet the requirements 
of 40 CFR 51.160 for scope. EPA also disapproves 45 CSR 13 section 9, 
submitted by the West Virginia Department of Environmental Protection on 
August 26, 1994, as a revision to the West Virginia SIP. These 
provisions do not meet the requirements of 40 CFR 51.161 for public 
participation.
    (i) [Reserved]

[38 FR 16170, June 20, 1973, as amended at 45 FR 39255, June 10, 1980; 
45 FR 54051, Aug. 14, 1980; 45 FR 74480, Nov. 10, 1980; 47 FR 55396, 
Dec. 9, 1982; 59 FR 37688, July 25, 1994; 60 FR 33925, June 29, 1995; 61 
FR 58482, Nov. 15, 1996; 65 FR 2046, Jan. 13, 2000; 68 FR 51464, Aug. 
27, 2003; 71 FR 1697, Jan. 11, 2006; 71 FR 56884, Sept. 28, 2006]



Sec. 52.2523  Attainment dates for national standards.

    The New Manchester and Grant Magisterial Districts in Hancock County 
are expected to attain and maintain the secondary sulfur dioxide 
(SO2) standards as soon as the Sammis Power Plant meets the 
SO2 limitations in the Ohio State Implementation Plan.

[61 FR 16063, Apr. 11, 1996]



Sec. 52.2524  Compliance schedules.

    (a) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (b) Federal compliance schedules. (1) The owner or operator of any 
boiler or furnace of more than 250 million Btu per hour heat input 
subject to the emission limitation requirements of West Virginia 
Administrative Regulations, Chapter 16-20, Series X (hereinafter 
regulation X), section 3.01(a) or section 3.03(a), shall notify the 
Administrator, no later than October 1, 1973, of his intent to meet the 
requirements of said regulation by utilizing low-sulfur fuel, stack gas 
desulfurization, or a combination of stack gas desulfurization and low-
sulfur fuel.
    (2) Any owner or operator of a stationary source subject to 
paragraph (b)(1) of this section who elects to utilize low-sulfur fuel, 
either alone or in combination with stack gas desulfurization, shall be 
subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with the applicable regulation on June 30, 1975, and 
for at least one year thereafter.
    (ii) December 31, 1973--Sign contracts with fuel suppliers for fuel 
requirements as projected above.
    (iii) January 31, 1974--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (iv) March 15, 1974--Let contracts for necessary boiler 
modifications, if applicable.
    (v) May 15, 1974--Initiate onsite modifications, if applicable.
    (vi) February 28, 1975--Complete onsite modifications, if 
applicable.
    (vii) June 30, 1975--Final compliance with the requirements of 
regulation X, section 3.01(a) or section 3.03(a).
    (3) Any owner or operator of a stationary source subject to 
paragraph (b)(1) of this section who elects to utilize stack gas 
desulfurization, either

[[Page 1055]]

alone or in combination with low-sulfur fuel, and any owner or operator 
of a stationary source subject to the emission limitation requirements 
of regulation X, section 3.05, shall be subject to the following 
compliance schedule:
    (i) October 15, 1973--Let necessary contracts for construction.
    (ii) February 28, 1974--Initiate onsite construction.
    (iii) February 28, 1975--Complete onsite construction.
    (iv) June 30, 1975--Final compliance with the requirements of 
regulation X, section 3.01(a), section 3.03(a), or section 3.05.
    (4) The owner or operator of any boiler or furnace of more than 250 
million Btu per hour heat input subject to the emission limitation 
requirements of regulation X, section 3.01(b) or section 3.03(b) shall 
notify the Administrator, no later than July 31, 1975, of his intent to 
meet the requirements of said regulation by utilizing low-sulfur fuel, 
stack gas desulfurization, or a combination of stack gas desulfurization 
and low-sulfur fuel.
    (5) Any owner or operator of a stationary source subject to 
paragraph (b)(4) of this section who elects to utilize low-sulfur fuel, 
either alone or in combination with stack gas desulfurization, shall be 
subject to the following compliance schedule:
    (i) August 31, 1975--Submit to the Administrator a projection of the 
amount of fuel, by types, that will be substantially adequate to enable 
compliance with the applicable regulation on June 30, 1978, and for at 
least one year thereafter, as well as a statement as to whether boiler 
modifications will be required. Submit final plans for modifications if 
they will be required.
    (ii) October 31, 1975--Sign contracts with fuel suppliers for fuel 
requirements as projected above.
    (iii) December 31, 1975--Let contracts for necessary boiler 
modifications, if applicable.
    (iv) April 30, 1976--Initiate onsite modifications, if applicable.
    (v) April 30, 1977--Complete onsite modifications, if applicable.
    (vi) June 30, 1978--Final compliance with the requirements of 
regulation X, section 3.01(b) or section 3.03(b).
    (6) Any owner or operator of a stationary source subject to 
paragraph (b)(4) of this section who elects to utilize stack gas 
desulfurization, either alone or in combination with low-sulfur fuel, 
shall be subject to the following compliance schedule:
    (i) October 30, 1975--Submit to the Administrator a final control 
plan, which describes at a minimum the steps which will be taken by the 
source to achieve compliance with the applicable regulations.
    (ii) February 28, 1976--Let necessary contracts for construction.
    (iii) August 31, 1976--Initiate onsite construction.
    (iv) December 31, 1977--Complete onsite construction.
    (v) June 30, 1978--Final compliance with the requirements of 
regulation X, section 3.01(b) or section 3.03(b).
    (7) Any owner or operator subject to the compliance schedule in 
paragraph (b) (2), (3), (5) or (6) of this section shall certify to the 
Administrator within five days after the deadline for each increment of 
progress, whether or not the required increment of progress has been 
met.
    (8) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed by 
the final compliance date in the applicable regulation. Ten days prior 
to such a test, notice must be given to the Administrator to afford him 
the opportunity to have an observer present.
    (9) (i) None of the above paragraphs shall apply to a source which 
is presently in compliance with applicable regulations and which has 
certified such compliance to the Administrator by October 1, 1973. The 
Administrator may request whatever supporting information he considers 
necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.
    (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

[[Page 1056]]

provide for final compliance after the final compliance date in the 
applicable compliance schedule of this paragraph. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (iv) The requirements of this paragraph shall not apply to the 
following sources for which a request for a postponement of the 
applicability of regulation X had been submitted pursuant to section 
110(f) of the Act prior to the date of publication of this regulation:

------------------------------------------------------------------------
                  Source                              Location
------------------------------------------------------------------------
Kammer Station, Ohio Power Company........  Moundsville.
Mitchell Station, Ohio Power Company......   Do.
Harrison Station, Monongahela Power         Haywood.
 Company.
Fort Martin Station, Monongahela Power      Maidsville.
 Company.
------------------------------------------------------------------------

    (10) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (b) (2), (3), (5), or (6) of 
this section fails to satisfy the requirements of Sec. Sec. 51.261 and 
51.262(a) of this chapter.

[38 FR 16170, June 20, 1973, as amended at 38 FR 22751, Aug. 23, 1973; 
38 FR 24342, Sept. 7, 1973; 39 FR 32560, Sept. 9, 1974; 40 FR 3569, Jan. 
23, 1975; 51 FR 40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 1989]



Sec. 52.2525  Control strategy: Sulfur dioxide.

    (a) The provisions of Sec. 51.112(a) are not met because the State 
did not adequately demonstrate that the deletion of section 3.03(b) of 
West Virginia regulation X as it applies to the Rivesville plant would 
not interfere with attainment and maintenance of the national ambient 
air quality standard.
    (b) EPA approves the attainment demonstration State Implementation 
Plan for the City of Weirton, including the Clay and Butler Magisterial 
Districts area in Hancock County, West Virginia, submitted by the West 
Virginia Department of Environmental Protection on December 29, 2003.

[43 FR 52240, Nov. 9, 1978, as amended at 51 FR 40676, Nov. 7, 1986; 69 
FR 24992, May 5, 2004]



Sec. 52.2526  Control strategy: Particulate matter.

    EPA approves West Virginia's November 15, 1991 SIP submittal for 
fulfilling the PM10-specific requirement of part D for 
contingency measures required under section 172(c)(9) of the Clean Air 
Act applicable to the Follansbee, West Virginia PM10 
nonattainment area.

[68 FR 51464, Aug. 27, 2003]



Sec. 52.2527  [Reserved]



Sec. 52.2528  Significant deterioration of air quality.

    (a) The requirements of Sections 160 through 165 of the Clean Air 
Act are met since the plan includes approvable procedures for the 
Prevention of Significant Air Quality Deterioration.
    (b) Regulations for Preventing Significant Deterioration of Air 
Quality, the provisions of Sec. 52.21(p) (4), (5), (6), and (7) are 
hereby incorporated and made a part of the applicable state plan for the 
state of West Virginia.

[51 FR 12518, Apr. 11, 1986]



Sec. Sec. 52.2529-52.2530  [Reserved]



Sec. 52.2531  1990 base year emission inventory.

    EPA approves as a revision to the West Virginia State Implementation 
Plan the 1990 base year emission inventories for the Greenbrier county 
ozone nonattainment area submitted by the Secretary, West Virginia 
Department of Commerce, Labor & Environmental Resources on December 22, 
1992. These submittals consist of the 1990 base year point, area, non-
road mobile, biogenic and on-road mobile source emission inventories in 
Greenbrier County for the following pollutants: Volatile organic 
compounds (VOC), carbon monoxide (CO), and oxides of nitrogen 
(NOX).

[60 FR 39862, Aug. 4, 1995]

[[Page 1057]]



Sec. 52.2532  [Reserved]



Sec. 52.2533  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met, because the plan does not include approvable procedures for 
protection of visibility in mandatory Class I Federal areas.
    (b) Regulation for visibility monitoring and new source review. The 
provisions of Sec. Sec. 52.26 and 52.28 are hereby incorporated and 
made a part of the applicable plan for the State of West Virginia.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of West 
Virginia.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.2534  Stack height review.

    The State of West Virginia has declared to the satisfaction of EPA 
that no State Implementation Plan emission limits, other than those for 
the Kammer power plant, have been affected by stack height credits 
greater than good engineering practice or any other prohibited 
dispersion technique as defined in EPA's stack height regulations, as 
revised on July 8, 1985. This declaration was submitted to EPA on 
September 16, 1988.

[55 FR 21752, May 29, 1990]



Sec. 52.2540  Interstate pollutant transport provisions; What are 
the FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the 
State of West Virginia and for which requirements are set forth under 
the Federal CAIR NOX Annual Trading Program in subparts AA 
through II of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the West Virginia State 
Implementation Plan (SIP) as meeting the requirements of CAIR for 
PM2.5 relating to NOX under Sec. 51.123 of this 
chapter, except to the extent the Administrator's approval is partial or 
conditional or unless such approval is under Sec. 51.123(p) of this 
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX allowances to 
sources in the State for any years, the provisions of part 97 of this 
chapter authorizing the Administrator to complete the allocation of CAIR 
NOX allowances for those years shall continue to apply, 
unless the Administrator approves a SIP provision that provides for the 
allocation of the remaining CAIR NOX allowances for those 
years.
    (b)(1) The owner and operator of each NOX source located 
within the State of West Virginia and for which requirements are set 
forth under the Federal CAIR NOX Ozone Season Trading Program 
in subparts AAAA through IIII of part 97 of this chapter must comply 
with such applicable requirements. The obligation to comply with these 
requirements in part 97 of this chapter will be eliminated by the 
promulgation of an approval by the Administrator of a revision to the 
West Virginia State Implementation Plan (SIP) as meeting the 
requirements of CAIR for ozone relating to NOX under Sec. 
51.123 of this chapter, except to the extent the Administrator's 
approval is partial or conditional or unless such approval is under 
Sec. 51.123(ee) of this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX Ozone Season 
allowances to sources in the State for any years, the provisions of part 
97 of this chapter authorizing the Administrator to complete the 
allocation of CAIR NOX Ozone Season allowances for those 
years shall continue to apply, unless the Administrator approves a SIP 
provision that provides for the allocation of the remaining CAIR 
NOX Ozone Season allowances for those years.

[72 FR 62356, Nov. 2, 2007]

[[Page 1058]]



Sec. 52.2541  Interstate pollutant transport provisions; What are 
the FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within 
the State of West Virginia and for which requirements are set forth 
under the Federal CAIR SO2 Trading Program in subparts AAA 
through III of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the West Virginia State 
Implementation Plan as meeting the requirements of CAIR for 
PM2.5 relating to SO2 under Sec. 51.124 of this 
chapter, except to the extent the Administrator's approval is partial or 
conditional or unless such approval is under Sec. 51.124(r) of this 
chapter.

[72 FR 62356, Nov. 2, 2007]



Sec. 52.2560  Small business technical and environmental compliance 
assistance program.

    On January 13, 1993, the Secretary of the West Virginia Department 
of Commerce, Labor and Environmental Resources submitted a plan for the 
establishment and implementation of a Small Business Technical and 
Environmental Compliance Assistance Program as a state implementation 
plan revision (SIP), as required by title V of the Clean Air Act. EPA 
approved the Small Business Technical and Environmental Compliance 
Assistance Program on September 15, 1993, and made it part of the West 
Virginia SIP. As with all components of the SIP, West Virginia must 
implement the program as submitted and approved by EPA.

[58 FR 48312, Sept. 15, 1993]



Sec. 52.2565  Original identification of plan.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of West Virginia'' and all revisions submitted by West 
Virginia that were federally approved prior to December 1, 2004.
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Addition to the plan regarding legal authority to enforce State 
laws in the City of Wheeling submitted on March 30, 1972, by the West 
Virginia Air Pollution Control Commission.
    (2) Addition to the plan clarifying Resources section of SIP 
submitted April 20, 1972, by the West Virginia Air Pollution Control 
Commission.
    (3) Revision to plan regarding ``Permit to Construct'' rule, 
Regulation XIII of the West Virginia Air Pollution Control Regulations, 
submitted May 5, 1972, by the West Virginia Air Pollution Control 
Commission.
    (4) Revision to the plan allowing John E. Amos power plant variance 
to sulfur-in-fuel regulations submitted November 14, 1973, by the West 
Virginia Air Pollution Control Commission.
    (5) AQMA designations were submitted on June 13, 1974, by the 
Governor of West Virginia.
    (6) Indirect Source Review plan submitted on June 17, 1974, by the 
West Virginia Air Pollution Control Commission.
    (7) Particulate matter regulation for Primary aluminum plants 
submitted on November 8, 1974, by the West Virginia Air Pollution 
Control Commission.
    (8) Deletion of secondary annual and 24 hour sulfur dioxide 
standards from Regulation VIII submitted on March 16, 1976 by the 
Governor of West Virginia.
    (9) Amendments to regulation X (to prevent and control air pollution 
from the emission of sulfur oxides) (section 2.07 added), section 2.08 
(former section 2.07), section 2.09 (former section 2.08), section 2.10 
(former section 2.09), section 2.11 (former section 2.10), section 2.12 
(former section 2.11), section 2.13 (former section 2.12), section 2.14 
(former section 2.13), section 2.15 (former section 2.14), section 2.16 
(former section 2.15), section 3.01 is superseded by new section 3.01 
except section 3.01(1) Kammer Power Station which retains the old 
section 3.01(a), section 3.02 is replaced by new section 3.02, section 
3.03 is superseded by new section 3.03 except for section 3.03(2) 
Rivesville Power Station, which retains the old section 3.03(a) and 
section

[[Page 1059]]

3.01(b), section 3.03(1) (Harrison Power Plant) is approved as an 
interim emission limitation only, sections 3.05, 3.06, and 3.07 (added), 
section 3.08 (former section 3.05), section 6.01 is superseded by new 
section 6.01, new section 10 is added, section 11 (replaces former 
section 10) of the West Virginia Administrative Regulations submitted on 
January 25, 1978 (as amended September 13, 1978), by the Governor.
    (10) Revised plans for attaining primary air quality standards for 
TSP and SO2 submitted to EPA by the Governor of West Virginia 
on June 18, 1979. These plans are contained in a document entitled, 
``Revisions to the State Implementation Plan to Achieve and Maintain Air 
Quality Standards for Particulates, Sulfur Oxides, and Ozone.''
    (11) Revised plan for attaining the ozone standard submitted to EPA 
by the Governor of West Virginia on November 21, 1979.
    (12) Revised Regulations III and VIII, and new Regulations XXI, 
XXIII, and XXIV, submitted to EPA by the Governor of West Virginia on 
December 19, 1979.
    (13) Amended Sections 3.01(2) and 3.03(1) of Regulation X (to 
prevent and control air pollution from the emission of sulfur oxides), 
submitted on January 25, 1978 and amended September 13, 1978 by the 
Governor.
    (14) Amended Regulations VI and VII, and an Identification and 
Analysis of the Impact of the 1979 West Virginia State Implementation 
Plan, submitted by the Governor of West Virginia on June 13, 1980.
    (15) An Implementation Plan for lead submitted by the Governor of 
West Virginia on June 13, 1980, and supplementary information 
subsequently submitted to show that lead sources would be subject to new 
source review.
    (16) Test Procedure for Quantifying Emissions From Bulk Gasoline 
Loading Terminals, submitted by the Governor of West Virginia on 
November 6, 1980.
    (17) West Virginia's plans for attaining the secondary National 
Ambient Air Quality Standard for total suspended particulate submitted 
by the Governor of West Virginia on November 14, 1980.
    (18) The consent order allowing alternative emission limitations for 
the Mountaineer Carbon Company, Moundsville, West Virginia, submitted on 
July 2, 1982 by the West Virginia Air Pollution Control Commission.
    (19) Consent Order dated July 6, 1982 between National Steel 
Corporation, Weirton Steel Division and the West Virginia Air Pollution 
Control Commission submitted on July 6, 1982 by Mr. Donald R. Richardson 
providing for an alternate emission control plan (bubble) for the 
Weirton, West Virginia steel mill.
    (20) Amended Regulation VII of the West Virginia Air Pollution 
Control Regulations submitted by the West Virginia Air Pollution Control 
Commission on April 29, 1983.
    (21) A revision submitted by the State of West Virginia on November 
4, 1983 which establishes an Ambient Air Quality Monitoring Network.
    (22) Amended Regulation XIX of the West Virginia Air Pollution 
Control Regulations submitted by the West Virginia Air Pollution Control 
Commission on April 29, 1983.
    (23) Regulation XIV (Permits for Construction and Major Modification 
of Major Stationary Sources of Air Pollution for the Prevention of 
Significant Deterioration) and a commitment letter submitted on June 13, 
1984, and December 16, 1985, respectively, by the Chairman of the West 
Virginia Air Pollution Control Commission.
    (i) Incorporation by reference.
    (A) Regulation XIV (Permits for the Construction and Major 
Modification of Major Stationary Sources of Air Pollution for the 
Prevention of Significant Deterioration) adopted by the State of West 
Virginia on June 14, 1984.
    (B) Letter of December 16, 1985, in which the West Virginia Air 
Pollutant Control Commission committed to comply with the July 8, 1985 
rulemaking notice concerning stack heights in its PSD permitting.
    (24) Revisions to the State Implementation Plan submitted by the 
West Virginia Air Pollution Control Commission.
    (i) Incorporation by reference.
    (A) Letter from the West Virginia Air Pollution Control Commission 
dated

[[Page 1060]]

September 14, 1990, submitting a revision to the West Virginia State 
Implementation Plan.
    (B) A Consent Order, dated and effective September 12, 1990, issued 
by the West Virginia Air Pollution Control Commission to the Columbia 
Gas Transmission Corporation limiting the emissions and operation of a 
compressor engine at its Lost River Compressor Station in Mathias, Hardy 
County, West Virginia.
    (ii) Additional materials--Remainder of the State submittal.
    (25) As of July 7, 1993 the rules in this paragraph (c)(25) are 
superseded by the rules contained in paragraph (c)(33) of this section. 
Revisions to the State Implementation Plan submitted by the West 
Virginia Air Pollution Control Commission, which define and impose RACT 
to control volatile organic compound emissions from bulk gasoline 
terminals, petroleum refineries, and storage of petroleum liquids in 
fixed roof tank facilities.
    (i) Incorporation by reference.
    (A) A letter from the West Virginia Air Pollution Control Commission 
dated June 4, 1991, submitting a revision to the West Virginia State 
Implementation Plan.
    (B) Amendments to Series 21, 23, and 24 of the regulations of the 
West Virginia Air Pollution Control Commission, submitted June 4, 1991, 
and effective May 6, 1991.
    (ii) Additional materials.
    (A) The nonregulatory portions of the state submittal.
    (26) Bilateral consent orders between the West Virginia Air 
Pollution Control Commission and six companies to limit emissions of 
particulate matter. The effective date of the consent order with Koppers 
is November 15, 1991; the effective date of the five other orders cited 
in paragraph (i)(B), below, is November 14, 1991.
    (i) Incorporation by reference.
    (A) Letter dated November 12, 1991 from the West Virginia Department 
of Commerce, Labor, and Environmental Resources transmitting six consent 
orders.
    (B) Consent orders with the following companies (West Virginia order 
number and effective date in parentheses): Follansbee Steel Corporation 
(CO-SIP-91-31, November 14, 1991); International Mill Service, 
Incorporated (CO-SIP-91-33, November 14, 1991); Koppers Industries, 
Incorporated (CO-SIP-91-32, November 15, 1991); Standard Lafarge (CO-
SIP-91-29, November 14, 1991); Starvaggi Industries, Incorporated (CO-
SIP-91-34, November 14, 1991); and Wheeling-Pittsburgh Steel Corporation 
(CO-SIP-91-29, November 14, 1991).
    (27) Revision to the State implementation plan consisting of a good 
engineering practice (GEP) for stack heights regulation as submitted by 
the Secretary, West Virginia Department of Commerce, Labor, and 
Environmental Resources on April 2, 1990:
    (i) Incorporation by reference.
    (A) Letter from the Secretary, Department of Commerce, Labor, and 
Environmental Resources dated April 2, 1990, submitting a revision to 
the West Virginia State implementation plan.
    (B) Regulation 20 (45CSR20)--``Good Engineering Practice as Applies 
to Stack Heights'' adopted by the State of West Virginia on April 8, 
1989. The regulation became effective on July 14, 1989.
    (ii) Additional materials.
    (A) Remainder of the State implementation plan revision submitted by 
the West Virginia Department of Commerce, Labor, and Environmental 
Resources on April 2, 1990.
    (28) Revisions to the State Implementation Plan submitted by the 
West Virginia Department of Commerce, Labor, and Environmental Resource 
on August 15, 1990.
    (i) Incorporation by reference.
    (A) Letter from the West Virginia Department of Commerce, Labor, and 
Environmental Resources dated August 15, 1990 submitting a revision to 
the West Virginia State Implementation Plan.
    (B) Amendments to the West Virginia Code Chapter 16, Article 20--
Regulation VIII--``Ambient Air Quality Standards for Sulfur Oxides and 
Particulate Matter''; Regulation XI--``Prevention of Air Pollution 
Emergency Episodes''; and Regulation XIV--`` Permits for Construction 
and Major Modification of Major Stationary Sources of Air Pollution for 
the Prevention of Significant Deterioration''. All three rules were

[[Page 1061]]

adopted on March 19, 1990 and became effective April 25, 1990.
    (ii) Additional materials.
    (A) Remainder of the State Implementation Plan revision request 
submitted by the West Virginia Department of Commerce, Labor, and 
Environmental Resources on August 15, 1990.
    (29) Revisions to the State Implementation Plan submitted by the 
Secretary, West Virginia Department of Commerce, Labor, and 
Environmental Resources on April 2, 1990.
    (i) Incorporation by reference.
    (A) Letter from the Secretary, Department of Commerce, Labor, and 
Environmental Resources dated April 2, 1990 submitting a revision to the 
West Virginia State Implementation Plan.
    (B) WVAPCC Rule TP-2--``Compliance Test Procedures for Regulation 
II--`To Prevent and Control Particulate Air Pollution From Combustion of 
Fuel in Indirect Heat Exchangers' '' adopted by the State of West 
Virginia on April 8, 1989.
    (ii) Additional materials.
    (A) Remainder of the State Implementation Plan revision request 
submitted by the West Virginia Department of Labor, Commerce, and 
Environmental Resources on April 2, 1990.
    (30) The ten year ozone maintenance plan including emission 
projections and contingency measures for Huntington, West Virginia 
(Cabell and Wayne counties) as revised and effective on August 10, 1994 
and submitted by the West Virginia Division of Environmental Protection:
    (i) Incorporation by reference.
    (A) The ten year ozone maintenance plan including emission 
projections and contingency measures for Huntington, West Virginia 
(Cabell and Wayne counties) revised and effective on August 10, 1994.
    (31) The ten year ozone maintenance plan including emission 
projections and contingency measures for Parkersburg, West Virginia 
(Wood County) as revised and effective on August 10, 1994 and submitted 
by the West Virginia Division of Environmental Protection; Office of Air 
Quality:
    (i) Incorporation by reference.
    (A) The ten year ozone maintenance plan including emission 
projections and contingency measures for Parkersburg, West Virginia 
(Wood County) revised and effective on August 10, 1994.
    (32) The ten year ozone maintenance plan including emission 
projections and contingency measures for Charleston, West Virginia 
(Kanawha and Putnam Counties), as revised and effective on August 10, 
1994 and submitted by the West Virginia Division of Environmental 
Protection; Office of Air Quality:
    (i) Incorporation by reference.
    (A) The ten year ozone maintenance plan including emission 
projections and contingency measures for the Charleston, West Virginia 
(Kanawha and Putnam Counties) revised and effective August 10, 1994.
    (33) Revisions to the West Virginia State Implementation Plan 
submitted on August 12, 1993 by the West Virginia Department of 
Commerce, Labor & Environmental Resources.
    (i) Incorporation by reference.
    (A) Letter of August 10, 1993 from the West Virginia Department of 
Commerce, Labor & Environmental Resources transmitting Title 45 
Legislative Rules, Series 21, Regulation to Prevent and Control Air 
Pollution from Emission of Volatile Organic Compounds.
    (B) Title 45 Legislative Rules, Series 21, Regulation to Prevent and 
Control Air Pollution from Emission of Volatile Organic Compounds, 
sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 17, 18, 19, 21, 
22, 23, 24, 25, 26, 27, 28, 29, 31, 36, 39, 41, 42, 43, 44, 45, 46, 47, 
and 48, and Appendix A, which were adopted May 26, 1993 and effective 
July 7, 1993.
    (ii) Additional material.
    (A) Remainder of August 10, 1993 State submittal pertaining to the 
rules referenced in paragraph (c)(33)(i) of this section.
    (iii) Additional information.
    (A) The rules in this paragraph (c)(33) supersede the rules 
contained in paragraph (c)(25) of this section.
    (34) Revisions to the West Virginia State Implementation Plan 
submitted by the Secretary, West Virginia Department of Commerce, Labor, 
and Environmental Resources, Office of Air Quality, on August 10, 1993.
    (i) Incorporation by reference.

[[Page 1062]]

    (A) Letter dated August 10, 1993 from the Secretary, West Virginia 
Department of Commerce, Labor, and Environmental Resources, Office of 
Air Quality submitting 45 Code of State Regulations (CSR) Series 29 
``Rule Requiring the Submission of Emission Statements for Volatile 
Organic Compounds and Oxides of Nitrogen Emissions'' as a revision to 
the West Virginia State Implementation Plan. The effective date of this 
rule, 45CSR29 is July 7, 1993.
    (B) West Virginia Regulation Title 45, Series 29, ``Rule Requiring 
the Submission of Emission Statements for Volatile Organic Compounds and 
Oxides of Nitrogen Emissions,'' consisting of Subsections: 1. General; 
2. Definitions; 3. Applicability; 4. Compliance Schedule; 5. Emission 
Statement Requirements; 6. Enforceability; and 7. Severability, 
effective July 7, 1993.
    (ii) Additional Material.
    (A) Remainder of August 10, 1993 State submittal pertaining to 45 
CSR Series 29, ``Rule Requiring the Submission of Emission Statements 
for Volatile Organic Compounds and Oxides of Nitrogen Emissions.''
    (B) [Reserved]
    (35) Revisions to the West Virginia implementation plan for sulfur 
dioxide (SO2) in New Manchester Grant-Magisterial District, 
Hancock County submitted on February 17, 1995, as amended on May 3, 1996 
by West Virginia Division of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of February 17, 1995 from Mr. David C. Callaghan, 
Director, West Virginia Division of Environmental Protection 
transmitting a SIP revision for the New Manchester-Grant Magisterial 
District, Hancock County SO2 nonattainment area.
    (B) Letter of May 3, 1996 from Mr. Laidley Eli McCoy, Ph.D., 
Director, West Virginia Division of Environmental Protection 
transmitting an amendment to the February 17, 1995 SIP revision 
submittal for the New Manchester-Grant Magisterial District, Hancock 
County SO2 nonattainment area.
    (C) Implementation plan document (as amended, May 3, 1996), entitled 
``Revision to the West Virginia State Implementation Plan to Achieve and 
Maintain the National Ambient Air Quality Standards for Sulfur Dioxide 
in the New Manchester-Grant Magisterial District''.
    (D) Consent order entered into by and between the State of West 
Virginia and the Quaker State Corporation on January 9, 1995. The 
consent order was effective on January 9, 1995.
    (E) Consent order entered into by and between the State of West 
Virginia and the Weirton Steel Corporation on January 9, 1995. The 
consent order was effective on January 9, 1995.
    (ii) Additional material.
    (A) Remainder of West Virginia's February 17, 1995 submittal, as 
amended on May 3, 1996.
    (36) The ten year ozone maintenance plan including emission 
projections and contingency measures for Greenbrier County, West 
Virginia effective on September 1, 1994 and submitted by the West 
Virginia Division of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of September 9, 1994 from the West Virginia Division of 
Environmental Quality transmitting the ozone maintenance plan for 
Greenbrier County.
    (B) The ten year ozone maintenance plan including emission 
projections and contingency measures for Greenbrier County, West 
Virginia effective on September 1, 1994.
    (ii) Additional Material.
    (A) Remainder of September 9, 1994 State submittal pertaining to the 
maintenance plan referenced in paragraph (c)(36)(i) of this section.
    (B) [Reserved]
    (37) Revisions to the West Virginia State Implementation Plan 
submitted on May 16, 1995 by the West Virginia Division of Environmental 
Protection:
    (i) Incorporation by reference.
    (A) Letter of May 16, 1995 from West Virginia Division of 
Environmental Protection, transmitting the General Conformity Rule.
    (B) Title 45, Legislative Rule, Series 35 (45CSR35), Requirements 
for Determining Conformity of General Federal Actions to Applicable Air 
Quality Implementation Plans (General Conformity), effective May 1, 
1995.
    (ii) Additional material.

[[Page 1063]]

    (A) Remainder of May 16, 1995 State submittal pertaining to 45CSR35 
referenced in paragraph (c)(37) of this section.
    (38) [Reserved]
    (39) Revisions to the West Virginia Regulations 45 CSR 14 submitted 
on August 10, 1993 by the West Virginia Department of Commerce, Labor & 
Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of August 10, 1993 from the West Virginia Department of 
Commerce, Labor & Environmental Resources transmitting revisions to 45 
CSR 14 ``Permits for Construction and Major Modification of Major 
Stationary Sources of Air Pollution for the Prevention of Significant 
Deterioration''.
    (B) Revisions to 45 CSR 14, effective July 7, 1993, including 
revisions to definitions and the addition of NO2 increment 
provisions. Not included in this incorporation by reference are 45 CSR 
14 paragraphs 1.1, 1.2, 2.1, 2.4, 2.9, 2.11, 2.13, 2.13, 2.22, 2.26, 
2.27, 2.32, 2.33 to 2.38, 3.2, 4.1 to 4.3, 5.1, 7.1 to 7.4, 8.1, 10.1, 
10.4, 10.7, and 11.1.
    (40) Revisions to the West Virginia Regulations 45 CSR 14 submitted 
on May 20, 1996 by the West Virginia Division of Environmental 
Protection:
    (i) Incorporation by reference.
    (A) Letter of May 20, 1996 from the West Virginia Division of 
Environmental Protection transmitting revisions to 45 CSR 14 ``Permits 
for Construction and Major Modification of Major Stationary Sources of 
Air Pollution for the Prevention of Significant Deterioration''.
    (B) Revisions to 45 CSR 14, effective May 1, 1995, including the 
addition of PM-10 increment provisions, revisions to definitions, and 
preconstruction review requirements for electric steam generating units. 
Not included in this incorporation by reference are 45 CSR 14 paragraphs 
4.1 to 4.3, 7.3, 8.1, 10.1, 10.2, 10.4, and 11.1.
    (41) [Reserved]
    (42) Revisions to the West Virginia Regulations for coal preparation 
and handling facilities 45CSR5 submitted on August 10, 1993 by the West 
Virginia Department of Commerce, Labor and Environmental Resources:
    (i) Incorporation by reference.
    (A) Letter of August 10, 1993 from the West Virginia Department of 
Commerce, Labor, and Environmental Resources transmitting revisions to 
West Virginia's regulation 45CSR5 ``To Prevent and Control Air Pollution 
From the Operation of Coal Preparation Plants and Coal Handling 
Operations''.
    (B) Revisions to West Virginia regulation 45CSR5 regarding coal 
preparation and handling plants specifically: Revisions to 45CSR5 which 
require specific emission limits on particulate matter emissions at coal 
preparation and handling facilities in the Follansbee PM10 nonattainment 
area, monitoring of thermal driers and control equipment statewide, 
revised permitting, testing and reporting requirements.
    (ii) Additional Material--Remainder of the August 10, 1993 submittal 
on 45CSR5.
    (43) Revisions to West Virginia Regulation 45 CSR 13 submitted on 
August 26, 1994 by the West Virginia Department of Environmental 
Protection.
    (i) Incorporation by reference.
    (A) Letter of August 26, 1994 from the West Virginia Department of 
Environmental Protection transmitting 45 CSR 13 ``Permits for 
Construction, Modification, Relocation and Operation of Stationary 
Sources of Air Pollutants, Notification Requirements, Temporary Permits, 
General Permits, and Procedures for Evaluation''.
    (B) Revised version of 45 CSR 13 ``Permits for Construction, 
Modification, Relocation and Operation of Stationary Sources of Air 
Pollutants, Notification Requirements, Temporary Permits, General 
Permits, and Procedures for Evaluation'', sections: 1 except for the 
reference in subsection 1.1 to major stationary sources which have not 
been issued a permit pursuant to 45 CSR 30, 2-8, 10, 11 except for 
subsection 11.2, and Tables 45-13A and 45-13B, effective April 27, 1994.
    (ii) Additional Material.
    (A) Remainder of August 26, 1994 State submittal pertaining to 45 
CSR 13, ``Permits for Construction, Modification, Relocation and 
Operation of Stationary Sources of Air Pollutants, Notification 
Requirements, Temporary Permits, General Permits, and Procedures for 
Evaluation''.

[[Page 1064]]

    (B) Letter of September 5, 1996 from the West Virginia Office of Air 
Quality requesting EPA approval of 45 CSR 13 under 112(l) of the Clean 
Air Act, and clarifying that the definition of ``major stationary 
source'' in 45 CSR 13 will be interpreted consistently with the 45 CSR 
14 and 45 CSR 19 programs as to the types of source categories which 
need to include fugitive emissions.
    (44) Revisions to the West Virginia Regulations to attain and 
maintain the sulfur dioxide national ambient air quality standards in 
Marshall County submitted on February 17, 2000, by the Director, West 
Virginia Division of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of February 17, 2000, from the Division of Environmental 
Protection transmitting a revision to the State Implementation Plan 
(SIP) for Attainment and Maintenance of Sulfur Dioxide National Ambient 
Air Quality Standards.
    (B) Consent Orders entered between the West Virginia Office of Air 
Quality and:
    (1) CO-SIP-2000-1, PPG Industries, Inc., Dated January 25, 2000.
    (2) CO-SIP-2000-2, Bayer Corporation, Dated January 26, 2000.
    (3) CO-SIP-2000-3, Columbian Chemicals Company, Dated January 31, 
2000.
    (ii) Additional Materials--Remainder of February 17, 2000 SIP 
revision submittal.
    (45) Revisions to the West Virginia Regulations amending the ten-
year maintenance plan for Huntington, West Virginia (Cabell and Wayne 
Counties) submitted on November 29, 2001 and December 18, 2001 by the 
West Virginia Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of November 29, 2001 from the West Virginia Department of 
Environmental Protection transmitting amendments to the ten-year 
maintenance plan for Huntington, West Virginia (Cabell and Wayne 
Counties).
    (B) Letter of December 18, 2001 from the West Virginia Department of 
Environmental Protection transmitting amendments to the ten-year 
maintenance plan for Huntington, West Virginia (Cabell and Wayne 
Counties).
    (C) Amendments to the Huntington, West Virginia (Cabell and Wayne 
Counties) ozone maintenance plan submitted by the West Virginia 
Department of Environmental Protection effective November 16, 2001. This 
plan establishes motor vehicle emissions budgets for VOCs of 11.20 tons/
day for 2002, and 11.00 tons/day for 2005. This plan also establishes 
motor vehicle emissions budgets for NOX of 11.56 tons/day for 
2002, and 11.43 tons/day for 2005.
    (ii) Additional Materials--Remainder of the November 29, 2001 and 
December 18, 2001 submittals pertaining to the revisions to the West 
Virginia Regulations amending the ten-year maintenance plan for 
Huntington, West Virginia (Cabell and Wayne Counties) revisions.
    (46) Revisions to the West Virginia Rules 45CSR26 and 45CSR1 
submitted on May 1, 2002 by the West Virginia Department of 
Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of May 1, 2002 from the Secretary of the West Virginia 
Department of Environmental Protection transmitting rules 45CSR26 and 
45CSR1 to implement West Virginia's NOX Budget Trading 
Program and requirements for reductions in NOX emissions from 
cement manufacturing kilns.
    (B) West Virginia Rule Title 45 Series 26, ``Nitrogen Oxides Budget 
Trading Program as a Means of Control and Reduction of Nitrogen Oxides 
from Electric Generating Units,'' consisting of sections 1, 2, 3, 4, 5, 
6, 7, 10, 11, 12, 13, 14, 20, 21, 22, 23, 24, 30, 31, 40, 41, 42, 43, 
50, 51, 52, 53, 54, 55, 56, 57, 60, 61, 62, 70, 71, 72, 73, 74, 75, and 
76 effective May 1, 2002.
    (C) West Virginia Rule Title 45 Series 1, ``Nitrogen Oxides Budget 
Trading Program as a Means of Control and Reduction of Nitrogen 
Oxides,'' consisting of sections 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 
14, 20, 21, 22, 23, 24, 30, 31, 40, 41, 42, 43, 50, 51, 52, 53, 54, 55, 
56, 57, 60, 61, 62, 70, 71, 72, 73, 74, 75, 76, 80, 81, 82, 83, 84, 85, 
86, 87, 88, and 100, effective May 1, 2002.
    (ii) Additional Material--Other materials submitted by the State of 
West Virginia in support of and pertaining to Rules 45CSR26 and 45CSR1 
listed in paragraphs (c)(46)(i)(B) and (C) of this section.

[[Page 1065]]

    (47) Revisions to West Virginia Regulations to prevent and control 
air pollution from the operation of coal preparation plants, coal 
handling operations, and coal refuse disposal areas, submitted on 
September 21, 2000 by the West Virginia Division of Environmental 
Protection:
    (i) Incorporation by reference.
    (A) Letter of September 21, 2000 from the West Virginia Division of 
Environmental Protection to EPA transmitting the regulation to prevent 
and control air pollution from the operation of coal preparation plants, 
coal handling operations, and coal refuse disposal areas.
    (B) Revisions to Title 45, Series 5, 45CSR5, To Prevent and Control 
Air Pollution from the Operation of Coal Preparation Plants, Coal 
Handling Operations and Coal Refuse Disposal Areas, effective August 31, 
2000.
    (ii) Additional Material.
    (A) Letter of November 21, 2000 from the West Virginia Division of 
Environmental Protection to EPA transmitting materials related to 
revisions of 45CSR5.
    (B) Remainder of the State submittal pertaining to the revisions 
listed in paragraph (c)(47)(i) of this section.
    (48) Revisions to West Virginia Rule 45CSR3 submitted on September 
21, 2000, by the West Virginia Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of September 21, 2000, from the Secretary of the West 
Virginia Department of Environmental Protection, pertaining to 
Regulation 45CSR3--To Prevent and Control Air Pollution from the 
Operating of Hot Mix Asphalt Plants.
    (B) Revised Regulation 45CSR3, effective August 31, 2000.
    (ii) Additional Material--Other materials submitted by the State of 
West Virginia in support of and pertaining to Rules 45CSR3 listed in 
paragraph (c)(48)(i)of this section.
    (49) Revisions to West Virginia Rule 45CSR12 submitted on September 
21, 2000, by the West Virginia Division of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of September 21, 2000, from the West Virginia Division of 
Environmental Protection transmitting Regulation 45CSR12--Ambient Air 
Quality Standard for Nitrogen Dioxide.
    (B) Revised Regulation 45CSR12, effective on June 1, 2000.
    (ii) Additional Material--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(49)(i) of this 
section.
    (50) Revision to West Virginia Rule 45CSR9 submitted on September 
21, 2000, by the West Virginia Division of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of September 21, 2000, from the West Virginia Division of 
Environmental Protection transmitting Regulation 45CSR9--Ambient Air 
Quality Standard for Carbon Monoxide and Ozone.
    (B) Revised Regulation 45CSR9, effective on June 1, 2000.
    (ii) Additional Material--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(50)(i)of this 
section.
    (51) Revisions to the West Virginia's Regulations to prevent and 
control air pollution from combustion of refuse, submitted on September 
12, 2001 by the West Virginia Division of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of September 12, 2001 from the West Virginia Division of 
Environmental Protection.
    (B) Revisions to Title 45, Series 6 (45CSR6), To Prevent and Control 
Air Pollution from Combustion of Refuse, effective July 1, 2001.
    (ii) Additional Material. (A) Letter of September 21, 2000 from the 
West Virginia Division of Environmental Protection to EPA transmitting 
the regulation to prevent and control air pollution from the combustion 
of refuse.
    (B) Letter of January 26, 2001 from the West Virginia Division of 
Environmental Protection to EPA transmitting materials related to 
revisions of 45CSR6.
    (C) Remainder of the State submittals pertaining to the revisions 
listed in paragraph (c)(51)(i) of this section.
    (52) Revisions to the West Virginia Regulations 45CSR13--Permits for 
Construction, Modification, Relocation and Operation of Stationary 
Sources of Air Pollutants, Notification Requirements, Administrative 
Updates, Temporary

[[Page 1066]]

Permits, General Permits, and Procedures for Evaluation, submitted on 
September 21, 2000 by the West Virginia Department of Environmental 
Protection:
    (i) Incorporation by reference.
    (A) Letter of September 21, 2000, from the West Virginia Department 
of Environmental Protection transmitting revision to West Virginia 
Regulation 45CSR13.
    (B) West Virginia Regulations 45CSR13--Permits for Construction, 
Modification, Relocation and Operation of Stationary Sources of Air 
Pollutants, Notification Requirements, Administrative Updates, Temporary 
Permits, General Permits and Procedures for Evaluation, effective June 
1, 2000.
    (ii) Additional Material--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(52)(i) of this 
section.
    (53) Revisions to West Virginia's Regulations to prevent and control 
air pollution from the emission of sulfur oxides, submitted on September 
21, 2000 by the West Virginia Division of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of September 21, 2000 from the West Virginia Division of 
Environmental Protection to EPA transmitting the regulation to prevent 
and control air pollution from the emission of sulfur oxides.
    (B) Revisions to Title 45, Series 10, 45CSR10, To Prevent and 
Control Air Pollution from the Emission of Sulfur Oxides, effective 
August 31, 2000.
    (ii) Additional Material.
    (A) Letter of April 29, 1996 from the West Virginia Division of 
Environmental Protection to EPA transmitting the regulation to prevent 
and control air pollution from the emission of sulfur oxides.
    (B) Letter of March 19, 2003 from the West Virginia Department of 
Environmental Protection to EPA providing clarification on the 
interpretation and implementation of certain regulations on air 
pollution control.
    (C) Remainder of the State submittal pertaining to the revisions 
listed in paragraph (c)(53)(i) of this section.
    (54) The PM10 Redesignation and Maintenance Plan for the 
Follansbee, West Virginia nonattainment area submitted by the West 
Virginia Department of Environmental Protection on May 12, 2003.
    (i) Incorporation by reference.
    (A) Letter of May 12, 2003 from the West Virginia Department of 
Environmental Protection transmitting the redesignation request and 
maintenance plan for the PM10 nonattainment area in the 
Follansbee area of Brooke County.
    (B) Maintenance Plan for the Follansbee PM10 
nonattainment area, effective April 28, 2003.
    (ii) Additional Material.--Remainder of the May 12, 2003 State 
submittal pertaining to the revisions listed in paragraph (c)(54)(i) of 
this section.
    (55) Revisions to West Virginia's Regulations to prevent and control 
particulate matter air pollution from manufacturing processes and 
associated operations, submitted on September 21, 2000 by the West 
Virginia Division of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of September 21, 2000 from the West Virginia Division of 
Environmental Protection.
    (B) Revisions to Title 45, Series 7, 45 CSR7, To Prevent and Control 
Particulate Matter Air Pollution from Manufacturing Processes and 
Associated Operations, effective August 31, 2000.
    (ii) Additional Material.
    (A) Letter of March 19, 2003 from the West Virginia Division of 
Environmental Protection to EPA providing clarification on the 
interpretation and implementation of certain regulations on air 
pollution control.
    (B) Letter of March 29, 1996 from the West Virginia Division of 
Environmental Protection to EPA transmitting the regulation to prevent 
and control particulate matter air pollution from manufacturing 
processes and associated operations.
    (C) Letter of December 7, 1998 from the West Virginia Division of 
Environmental Protection to EPA transmitting the regulation to prevent 
and control particulate matter air pollution from manufacturing 
processes and associated operations.
    (D) Remainder of the State submittals pertaining to the revisions 
listed in paragraph (c)(55)(i) of this section.

[[Page 1067]]

    (56) Revisions to West Virginia's Regulations to prevent and control 
particulate air pollution from combustion of fuel in indirect heat 
exchangers, submitted on September 21, 2000 by the West Virginia 
Division of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of September 21, 2000 from the West Virginia Division of 
Environmental Protection.
    (B) Revisions to Title 45, Series 2, 45 CSR2, To Prevent and Control 
Particulate Air Pollution from Combustion of Fuel in Indirect Heat 
Exchangers, effective August 31, 2000.
    (ii) Additional Material.
    (A) Letter of March 19, 2003 from the West Virginia Division of 
Environmental Protection to EPA providing clarification on the 
interpretation and implementation of certain regulations on air 
pollution control.
    (B) Letter of March 29, 1996 from the West Virginia Division of 
Environmental Protection to EPA transmitting the regulation to prevent 
and control particulate air pollution from combustion of fuel in 
indirect heat exchangers.
    (C) Remainder of the State submittals pertaining to the revisions 
listed in paragraph (c)(56)(i) of this section.
    (57) Revisions to the West Virginia 1-hour ozone maintenance plans 
for Greenbrier County and the Charleston, Huntington and Parkersburg 
areas to amend the base year and 2005 mobile emissions inventories and 
the 2005 motor vehicle emission budgets to reflect the use of MOBILE6, 
and to reallocate a portion of projected MOBILE6-based emission safety 
margins to those 2005 motor vehicle emission budgets. These revisions 
were submitted by the State of West Virginia Department of Environmental 
Protection to EPA on October 15, 2003.
    (i) Incorporation by reference.
    (A) Letter of October 15, 2003 from the Secretary of the West 
Virginia Department of Environmental Protection transmitting revisions 
to West Virginia's ozone maintenance plans for the Greenbrier County and 
the Charleston, Huntington and Parkersburg areas.
    (B) Document entitled ``Final Revisions to the 1-Hour Ozone 
Maintenance Plans for the Charleston, WV (Kanawha and Putnam Counties); 
Huntingdon, WV (Cabell & Wayne Counties); Parkersburg, WV (Wood County); 
and Greenbrier County WV Maintenance Areas.'' This document establishes 
revised motor vehicle emissions budgets for the following 1-hour ozone 
maintenance plans, effective September 26, 2003:
    (1) Revisions to the Charleston, West Virginia (Kanawha and Putnam 
Counties) ozone maintenance plan, establishing revised motor vehicle 
emissions budgets of 44.5 tons/day of VOC and 54.1 tons/day of 
NOX.
    (2) Revisions to the Huntington, West Virginia (Cabell and Wayne 
Counties) ozone maintenance plan, establishing revised motor vehicle 
emissions budgets of 13.4 tons/day of VOC and 13.9 tons/day of 
NOX.
    (3) Revisions to the Parkersburg, West Virginia (Wood County) ozone 
maintenance plan, establishing revised motor vehicle emissions budgets 
of 13.4 tons/day of VOC and 9.9 tons/day of NOX.
    (4) Revisions to the Greenbrier County, West Virginia ozone 
maintenance plan, establishing revised motor vehicle emissions budgets 
of 3.46 tons/day of VOC and 4.85 tons/day of NOX.
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(57)(i) of this 
section.
    (58) Revision to the West Virginia Regulations to achieve and 
maintain the sulfur dioxide national ambient air quality standards 
(NAAQS) in Marshall County consisting of Consent Order, CO-SIP-C-2003-27 
for PPG Industries, Inc., submitted on November 17, 2003, by the West 
Virginia Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of November 17, 2003, from the West Virginia Department 
of Environmental Protection transmitting a revision to the State 
Implementation Plan (SIP) to achieve and maintain the NAAQS for sulfur 
dioxide in Marshall County, West Virginia.
    (B) Consent Order, CO-SIP-C-2003-27, entered into by and between the 
West Virginia Department of Environmental Protection, Division of Air 
Quality, and PPG Industries, Inc., on July 29,

[[Page 1068]]

2003. The consent order was effective on July 29, 2003.
    (ii) Additional Materials--Remainder of the State submittal 
pertaining to the revision listed in paragraph (c)(58)(i) of this 
section.
    (59) Revisions to the West Virginia Regulations to attain and 
maintain the National Ambient Air Quality Standards (NAAQS) for sulfur 
dioxide in the City of Weirton, including Clay and Butler Magisterial 
Districts, in Hancock County, West Virginia, submitted on December 29, 
2003, by the West Virginia Department of Environmental Protection:
    (i) Incorporation by reference.
    (A) Letter of December 29, 2003, from the West Virginia Department 
of Environmental Protection, transmitting a revision to the State 
Implementation Plan (SIP) for attainment and maintenance of the sulfur 
dioxide NAAQS for the City of Weirton, including the Clay and Butler 
Magisterial Districts in Hancock County, West Virginia.
    (B) The following Companies' Consent Order and Operating Permit:
    (1) Wheeling-Pittsburgh Steel Corporation, Operating Permit R13-
1939A, effective August 19, 2003.
    (2) Weirton Steel Corporation Consent Order, CO-SIP-C-2003-28, 
effective August 4, 2003.
    (ii) Additional Material.
    (A) Remainder of the State submittal pertaining to the revision 
listed in paragraph (c)(59)(i) of this section.
    (B) Letter of February 10, 2004, from the West Virginia Department 
of Environmental Protection providing clarification to permit R13-1939A, 
condition B.4. issued to the Wheeling-Pittsburgh Steel Corporation.

[37 FR 10901, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2565, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



                          Subpart YY_Wisconsin



Sec. 52.2569  Identification of plan--conditional approval.

    (a) Revisions to the plan identified in Sec. 52.2570 were submitted 
on the date specified.
    (1)-(3) [Reserved]
    (4) On November 15, 1993, and July 28, 1994, the Wisconsin 
Department of Natural Resources (WDNR) submitted enhanced inspection and 
maintenance (I/M) rules and a Request for Proposal (RFP) as a revision 
to the State's ozone State Implementation Plan (SIP). The EPA 
conditionally approved these rules and RFP based on the State's 
commitment to amend its rules and sign its final I/M contract to address 
deficiencies noted in to the final conditional approval. These final, 
adopted rule amendments and final, signed contract must be submitted to 
the EPA within one year of the EPA's conditional approval.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, Chapter NR 485, effective July 1, 
1993.
    (ii) Additional materials.
    (A) SIP narrative plan titled ``Wisconsin--Ozone SIP--Supplement to 
1992 Inspection and Maintenance Program Submittal,'' submitted to the 
EPA on November 15, 1993.
    (B) RFP, submitted along with the SIP narrative on November 15, 
1993.
    (C) Supplemental materials, submitted on July 28, 1994, in a letter 
to the EPA.

[60 FR 2885, Jan. 12, 1995]



Sec. 52.2570  Identification of plan.

    (a) Title of plan: ``A Statewide Implementation Plan to Achieve Air 
Quality Standards for Particulates, Sulfur Oxides, Nitrogen Oxides, 
Hydrocarbons, Oxidants, and Carbon Monoxide in the State of Wisconsin.''
    (b) The plan was officially submitted on January 14, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) An abatement order for the Alma Power Plant in the Southeast 
LaCrosse AQCR was issued on February 15, 1972, by the State Department 
of Natural Resources. (Non-regulatory)
    (2) On March 3, 1972, the control strategy (IPP) for the Southeast 
Wisconsin Interstate was submitted by the State Department of Natural 
Resources. (Non-regulatory)
    (3) The air quality monitoring network was submitted by the State 
Department of Natural Resources on March 16, 1972. (Non-regulatory)

[[Page 1069]]

    (4) Revisions to the air quality monitoring network were submitted 
on April 7, 1972, by the State Department of Natural Resources. (Non-
regulatory)
    (5) A revised order, hearing documents and other information 
concerning the meeting of standards by the Alma Power Plant was 
submitted on January 19, 1973, by the Governor. Also submitted were 
revisions to emergency episode levels regulation NR 154.01(41)(c)-3 and 
NR 154.01(41)(c)-4.
    (6) Compliance schedules were submitted on June 26, 1973, by the 
State.
    (7) Compliance schedules were submitted on October 11, 1973, by the 
State.
    (8) Compliance schedules were submitted on October 19, 1973, by the 
State.
    (9) Compliance schedules were submitted on November 10, 1973, by the 
State.
    (10) Compliance schedules were submitted on December 12, 1973, by 
the State.
    (11) The Governor of the State submitted the Air Quality Maintenance 
Areas designations on June 21, 1974.
    (12) A request for an extension of the statutory timetable for the 
submittal of the portion of the Wisconsin SIP which provides for the 
attainment of the Secondary NAAQS for TSP was submitted by the Wisconsin 
DNR on February 22, 1979, and was supplemented with additional 
information on April 16, 1979 and May 13, 1980.
    (13) On June 4, 1979, the State submitted revisions to regulation NR 
154.13 and to regulation NR 154.01 as it applies to regulation NR 154.13 
and a commitment by the Wisconsin Natural Resources Board to adopt any 
additional rules representing reasonably available control technology 
which are necessary for the attainment of the ozone standard. NR 154.01 
and NR 154.13 were published in the Wisconsin Administrative Register in 
July 1979 and were amended in the August 1979 Register.
    (14) On November 27, 1979 the Wisconsin Department of Natural 
Resources submitted revised rules NR 154.01 (126m), 154.02, 154.03 and 
154.06. Support materials for these regulations were previously 
submitted on July 12, 1979 and September 4, 1979.
    (15) On May 1, 1980, the Wisconsin Department of Natural Resources 
submitted the sulfur dioxide regulations NR 154.12 (4) and (5) for the 
Village of Brokaw, Marathon County and the City of Madison, Dane County.
    (16) On July 12, 1979, Wisconsin submitted its ozone and carbon 
monoxide plan. This included the plan for the Green Bay, Madison, and 
Milwaukee urban areas which include the ozone nonattainment counties of 
Brown, Dane, Kenosha, Milwaukee, Ozaukee, Racine and Waukesha. 
Supplemental materials and commitments were submitted on September 4, 
1979, February 28, 1980, August 12, 1980, September 25, 1980, November 
4, 1980 and April 9, 1981.
    (17) On July 12, 1979, Wisconsin submitted its vehicle inspection 
and maintenance program. Supplemental information and commitments were 
submitted on August 1, 1979, October 16, 1979, May 7, 1980, May 8, 1980, 
and April 9, 1981.
    (18) On July 12, 1979 Wisconsin submitted its new source review 
regulations. Additional information was submitted on September 4, 1979, 
November 27, 1979, May 1, 1980, and February 18, 1981. EPA is only 
approving these submittals as they relate to the new source review plan 
for nonattainment areas.
    (19) On April 18, 1980, the State of Wisconsin submitted a revision 
to provide for modification of the existing air quality surveillance 
network. An amendment to the revision was submitted by the State of 
Wisconsin on September 15, 1980.
    (20) On September 9, 1980, the State of Wisconsin submitted a 
variance to regulation NR 154.13(3)(c) for Avis Rent-A-Car.
    (21) On October 29, 1980 the State submitted a variance to 
regulation NR 154.13(3)(a) for Union Oil Company bulk gasoline terminal 
in Superior.
    (22) On July 12, 1979, the State submitted revisions to Regulation 
NR 154.09, Wisconsin Administrative Code.
    (23) Revision to plan allowing General Motors Assembly Division 
Janesville plant variance from Regulation NR 154.13(4)(g) 4.a., 
Wisconsin Administrative Code submitted January 15, 1981 by the State 
Department of Natural Resources.

[[Page 1070]]

    (24) On August 31, 1981, Wisconsin submitted a variance from the 
provisions of Section NR 154.12(5)(a)2.b.2, and NR 154.12(5)(b) 
Wisconsin Administrative Code, for the Oscar Mayer and Company plant 
located in Madison, Wisconsin as a revision to the Wisconsin sulfur 
dioxide SIP.
    (25) Revision to plan allowing W. H. Brady Company in Milwaukee 
variance from regulation NR 154.13(4) (e) and (f), Wisconsin 
Administrative Code, submitted January 22, 1982, by the State Department 
of Natural Resources.
    (26) Revision to plan allowing Albany Carbide Corporation in Albany 
variance from regulation NR 154.13(5)(a), Wisconsin Administrative Code, 
submitted on December 22, 1981, by the State Department of Natural 
Resources.
    (27) On January 15, 1981, the Wisconsin Department of Natural 
Resources submitted revisions to regulations NR 154.01 and NR 154.13 
representing reasonably available control technology which are necessary 
to attain and maintain the ozone standard. A supplemental commitment was 
submitted March 31, 1982.
    (28) On November 27, 1979, the State of Wisconsin submitted 
implementation plan revision to satisfy the Part D, Title I of the Clean 
Air Act for attainment and maintenance of the national ambient air 
quality standards for particulate matter. The revision consists of NR 
154.11, Wisconsin Administrative Code, Control of Particulate Matter. 
Amendments to the plan were submitted by the State on November 6, 1980, 
and June 10, 1981. Supplemental information and commitments were 
submitted on May 1, 1980, May 13, 1982, and December 7, 1982. No 
attainment plan was submitted for Columbia, Brown, Dane, Douglas, 
Kenosha, Manitowoc, Marathon, Racine, Winnebago, and Wood Counties.
    (29) On July 15, 1982, the State of Wisconsin submitted a variance 
to the compliance regulation requirements contained in NR 
154.13(2)(a)1.d. for Lakehead Pipe Line Company, Inc., in Superior.
    (30) On December 7, 1982, Wisconsin submitted revisions to 
regulations NR 154.01 and NR 154.11(2) for fugitive dust control in or 
near nonattainment areas for TSP.
    (31) On March 8, 1983, the Wisconsin Department of Natural Resources 
submitted the 1982 revision to the Ozone/Carbon Monoxide SIP for 
Southeastern Wisconsin. This revision pertains to Kenosha, Milwaukee, 
Ozaukee, Racine, Walworth, Washington, and Waukesha Counties. EPA is 
deferring action on the vehicle inspection and maintenance (I/M) portion 
of this revision.
    (32) On February 17, 1983, the Wisconsin Department of Natural 
Resources submitted the newly created section NR 154.13(13)(e) of 
Wisconsin's Administrative Code which partially exempts methylene 
chloride (dichloromethane) and methyl chloroform (1,1,1-trichloroethane) 
from the VOC control requirements contained in the Wisconsin SIP. The 
U.S. Environmental Protection Agency is not rulemaking at this time on 
the sulfur dioxide control requirements for the City of Brokaw in 
Marathon County which were also contained in the February 17, 1983, 
submittal.
    (33) On January 23, 1984, the State of Wisconsin submitted a State 
Implementation Plan revision revoking the Hydrocarbon Standard contained 
in NR 155.03(5).
    (34) On July 1, 1983, the State of Wisconsin submitted ambient lead 
standards and lead emission limitations as additions to the State 
Implementation Plan. The additions consist of NR 155.03(7), Lead: 
Primary and Secondary Standards, and NR 154.145, Control of Lead 
Emissions, of the Wisconsin Administrative Code. Supplemental 
information and commitments were submitted on October 13, 1983, March 
14, 1984, June 4, 1984, and June 15, 1984.
    (35) On September 20, 1983, the Wisconsin Department of Natural 
Resources submitted its Lead SIP for the entire State of Wisconsin. 
Additional information was submitted on February 14, 1984, and March 14, 
1984.
    (36) On December 8, 1983, the Wisconsin Department of Transportation 
submitted Chapter TRANS 131, Motor Vehicle Inspection and Maintenance 
Program (MVIP). On June 11, 1984, the Wisconsin Department of Natural 
Resources requested that USEPA approve the remaining element of the 1982

[[Page 1071]]

Ozone/Carbon Monoxide SIP, the vehicle inspection and maintenance 
portion (I-M). All other elements of the Ozone/Carbon Monoxide SIP has 
been approved previously. (See Section 52.2570 (c)(31)).
    (37) On May 25, 1984, the Wisconsin Department of Natural Resources 
submitted a permit fee rule, Chapter NR 410, which establishes air 
permit application fees and air permit implementation and enforcement 
fees, as a revision to the SIP.
    (38) On January 23, 1984, the Wisconsin Department of Natural 
Resources (WDNR) submitted SO2 emission limits for large 
electric utility sources located in the City of Milwaukee, Milwaukee 
County, Wisconsin.
    WDNR recodified the rule and on October 23, 1987, submitted it as 
recodified.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, Natural Resources (NR) 418.04 as 
found at (Wisconsin) Register, September 1986, No. 369, effective 
October 1, 1986.
    (39) On January 23, 1984, the Wisconsin Department of Natural 
Resources submitted revisions to sections NR 154.01 and NR 154.13 of the 
Wisconsin Administrative Code. These revisions incorporate volatile 
organic compound emission limits for large existing petroleum dry 
cleaners located in a six-county area of southeastern Wisconsin into the 
Wisconsin Ozone SIP [NR 154.13(6)(c)].
    (40) On November 17, 1983, Wisconsin submitted revisions to Sections 
NR 154.01, Definitions, and NR 154.13, Control of Organic Compound 
Emissions, of the Wisconsin Administrative Code. These revisions clarify 
the volatile organic compound RACT rules and establish an extended RACT 
compliance date for certain can coating operations. On July 11, 1984, 
Wisconsin submitted additional information revising the original 
submittal.
    (i) Incorporation by reference.
    (A) Board Order A-36-82, incorporating revisions to NR 154.01 and NR 
154.13 of the Wisconsin Administrative Code, became effective in the 
State of Wisconsin on August 1, 1983.
    (41) On January 24, 1985, the Wisconsin Department of Natural 
Resources submitted test methods for petroleum dry cleaning sources as a 
revision to the Wisconsin SIP. These test methods are part of the 
State's ``Air Management Operations Handbook''.
    (i) Incorporation by reference.
    (A) Test methods for petroleum dry cleaning sources contained in the 
Wisconsin Department of Natural Resources' ``Air Management Operations 
Handbook''.
    (42) On July 12, 1979, the State of Wisconsin submitted its new 
source review (NSR) regulations. Additional information was submitted on 
September 4, 1979, November 27, 1979, May 1, 1980, and February 18, 
1981. USEPA has previously approved these submittals as they relate to 
the NSR plan for nonattainment areas. See (c) (18). USEPA is now 
approving these submittals as they relate to the general NSR 
requirements for attainment and unclassified areas. USEPA is not 
approving these submittals with regard to the Prevention of Significant 
Deterioration (PSD) requirements, and USEPA's approval of Wisconsin's 
NSR rules should not be interpreted to apply to PSD. USEPA is approving 
Sec. Sec. 144.394(2) and 144.394(5) of the State Statutes provided that 
all variances (144.394(2)) and emission reduction options (144.394(5)) 
are submitted to USEPA as SIP revisions. On November 6, 1985, the State 
submitted a letter committing to: (1) Revise its regulations to conform 
with USEPA's July 8, 1985, rulemaking concerning stack height credits 
for air quality modeling; and (2) implement all air quality modeling 
analyses to conform with the July 8, 1985, rulemaking until the revised 
State regulations are enacted.
    (i) Incorporation by reference. (A) The following Sections of 
Chapter 144 of the Wisconsin Statutes, entitled ``Water, Sewage, Refuse, 
Mining, and Air Pollution, are incorporated by reference. These sections 
are located in Subchapter I, ``Definitions'', Subchapter III, ``Air 
Pollution'', and Subchapter VII, ``General Provisions, Enforcement and 
Penalties'', of Chapter 144.

Section 144.01 (1), (2), (3), (9m), and (12)--Definitions
Section 144.30--Air Pollution; Definitions
Section 144.31--Air Pollution Control; Powers and Duties

[[Page 1072]]

Section 144.34--Inspections
Section 144.375--Air Pollution Control; Standards and Determinations
Section 144.38--Classification and Reporting
Section 144.391--Air Pollution Control Permits
Section 144.392--Permit Application and Review
Section 144.393--Criteria for Permit Approval
Section 144.394--Permit Conditions
Section 144.395--Alteration, Suspension and Revocation of Permits
Section 144.396--Permit Duration
Section 144.397--Operation Permit Review
Section 144.398--Failure to Adopt Rules or Issue Permit or Exemption
Section 144.399--Fees
Section 144.402--Petition for Alteration
Section 144.403--Hearings on Certain Air Pollution Actions
Section 144.423--Violations; Enforcement
Section 144.426--Penalties for Violations Relating to Air Pollution
Section 144.98--Enforcement; Duty of Department of Justice

    (B) The following Sections of Chapter NR 154 of the Wisconsin 
Administrative Code, entitled ``Air Pollution Control'', are 
incorporated by reference.

Section 154.01--Definitions
Section 154.04--Permit Requirements and Exemptions
Section 154.05--Action on Applications
Section 154.055--Relocation of Portable Sources
Section 154.06--Operation and Inspection of Sources (Source Reporting, 
Recordkeeping, Testing, Inspection and Operation)
Section 154.08--Enforcement and Penalties
Section 154.21--Limitations on County, Regional, or Local Regulations
Section 154.24--Procedures for Non-contested Case Public Hearings
Section 154.25--Procedures for Alteration of Permits by Petition

    (C) Letter from the State of Wisconsin dated November 6, 1985, 
committing to implement USEPA's stack height regulations.
    (43) On October 13, 1983, the State of Wisconsin submitted revisions 
to Chapter NR 154 of the Wisconsin Administrative Code that exempt 
certain sources from the need to obtain construction, modification, and 
operation permits, and from other permit program requirements. USEPA is 
approving these permit exemptions for attainment, nonattainment, and 
unclassified areas, except for those exemptions upon which USEPA is 
deferring action (Sections NR 154.01(118), NR 154.04(3)(a), NR 
154.04(5), and NR 154.04(6)(b)).
    (i) Incorporation by reference.
    (A) Sections NR 154.01, NR 154.04, NR 154.08, NR 154.24, and NR 
154.25 of Natural Resources Board Order Number A-39-81, which were 
published in the Wisconsin Administrative Register in April 1983, and 
which took effect on May 1, 1983, with the exception of sections NR 
154.01(118), NR 154.04(3)(a), NR 154.04(5), and NR 154.04(6)(b).
    (ii) Additional material.
    (A) Letter from the State dated May 24, 1984, clarifying that major 
sources, or major modifications of major sources, could not be exempted 
from the requirement to obtain a permit under sections NR 154.04(2)(a) 
or NR 154.04(3)(b).
    (B) Letter from the State dated July 13, 1984, stating that 
decisions made pursuant to NR 154.25 would be subject to the permitting 
criteria in Sec. 144.393 of the Wisconsin Statutes.
    (44) On August 20, 1985, Wisconsin submitted a revision to its 
volatile organic compound plan for the Continental Can Company. The 
revision allows the use of internal offsets, in conjunction with daily 
weighted emission limits, at Continental Can's Milwaukee and Racine can 
manufacturing facilities.
    (i) Incorporation by reference.
    (A) NR 422.05, as published in the (Wisconsin) Register, September, 
1986, number 369, effective October 1, 1986.
    (45) Submittal from the State of Wisconsin, dated February 17, 1983, 
modifying the SO2 emission limits applicable in the Village 
of Brokaw, Marathon County, Wisconsin.
    (i) Incorporation by reference.
    (A) Letter from the Wisconsin Department of Natural Resources, dated 
February 17, 1983, and revised SO2 emission limits for the 
Village of Brokaw, Marathon County, Wisconsin, which are contained in 
section NR 154.12(4) of the Wisconsin Administrative Code. The revisions 
consist of limiting the maximum sulfur content in fuel oil burned in 
boilers to 1.0 percent by weight, where a stack of 160 feet or more is 
used; limiting process emissions from the Copeland recovery system, pulp 
papermill cooking acid plant, and pulp digester blow stack to a combined 
total of 228 pounds of SO2 per hour, when vented to a common 
stack

[[Page 1073]]

of 160 feet of more. If a stack height of less than 160 feet is used, or 
if the process emissions are not vented to acommon stack of 160 feet or 
more, then the emission limits approved by USEPA on April 9, 1981, must 
be met. See (c)(15). The emission limits were effective January 1, 1983.
    (46) The State of Wisconsin submitted negative declarations for 
several volatile organic compound source categories, as follows:

November 7, 1984--Synthetic organic chemical manufacturing industry 
sources (SOCMI) leaks and oxidation;
September 19, 1984--High-density polyethylene, polypropylene, and 
polystyrene resin manufacturers;
June 6, 1986--Natural gas/gasoline processing plants leaks.

    (i) Incorporation by reference.
    (A) Letters dated November 7, 1984, September 19, 1984, and June 6, 
1985, from Donald F. Theiler, Director, Bureau of Air Management, 
Wisconsin Department of Natural Resources.
    (ii) Additional information.
    (A) Letter dated January 24, 1986, from PPG Industries, Inc., 
stating that they do not produce as an intermediate or final product any 
of the chemicals listed in 40 CFR part 60, subpart VV, Sec. 60.489(a).
    (47) Submittal from the State of Wisconsin, dated December 19, 1985, 
revising the specified levels for air pollution episodes, air pollution 
episode reporting requirements, and the requirements for implementing 
air pollution control plans.
    (i) Incorporation by reference.
    (A) Department of Natural Resources, Chapter NR 493, Air Pollution 
Episode Levels and Episode Emissions Control Action Programs, NR 493.01, 
493.02 and 493.03, effective on August 1, 1985.
    (48) On April 7, 1986, the WDNR submitted a site-specific revision 
to its ozone SIP for VOC emissions from Union Camp's four flexographic 
printing presses at the Tomah facility, located in Monroe County, 
Wisconsin. It consists of a compliance date extension from December 31, 
1985, to December 31, 1987, for meeting the VOC emission limits 
contained in Wisconsin SHIP regulation, NR 154.13(4)(1).
    (i) Incorporation by reference.
    (A) January 8, 1986, RACT Variance Review for Union Camp Corporation 
501 Williams Street, Tomah, Wisconsin 54660.
    (49) Submittal from the State of Wisconsin, dated June 14, 1985, 
revising the Wisconsin Administrative Code to include section NR 
154.015, Department Review Times.
    (i) Incorporation by reference.
    (A) Letter from the Wisconsin Department of Natural Resources, dated 
June 14, 1985, and section NR 154.015 of the Wisconsin Administrative 
Code as a revision to the Wisconsin SIP, effective on May 1, 1985. 
Section NR 154.015 is entitled ``Department Review Times'', and it 
establishes time limits for review and action by the Wisconsin 
Department of Natural Resources on three types of air permit 
applications.
    (50) On November 20, 1986, the State of Wisconsin submitted a 
revision to the Vehicle Inspection and Maintenance program (I/M) portion 
of its ozone/CO SIP. This was a revised rule Table 1 for NR 485.04, 
Wisconsin Administrative Code, plus State SIP Revision Certification.
    (i) Incorporation by reference.
    (A) Wisconsin revised rule NR 485.04, Wisconsin Administrative Code, 
effective November 1, 1986.
    (51) [Reserved]
    (52) On December 1, 1987, the Wisconsin Department of Natural 
Resources (WDNR) submitted NR 418.06. NR 418.06 is an SO2 
rule which is only applicable to the Badger Paper Mills facility, 
located in the City of Peshtigo, Marinette County, Wisconsin.
    (i) Incorporation by reference. (A) Natural Resources (NR) 418.06, 
Peshtigo RACT sulfur limitations, as published in the (Wisconsin) 
Register, October 1987, No. 382 at page 74, effective November 1, 1987.
    (53)-(54) [Reserved]
    (55) On January 28, 1985, Wisconsin submitted its Rothschild 
(Marathon County) SO2 plan, which contains emission limits 
for sources in the City of Rothschild and the Town of Weston, 
specifically for the Weyerhaeuser Paper Company and the Reed-Lignin 
Company, respectively. USEPA is approving NR 418.08 because this 
revision meets the requirements of part D of

[[Page 1074]]

the Clean Air Act, 42 U.S.C. 7501-7508. The Wisconsin SIP, however, 
contains additional existing requirements for SO2. Today's 
action on NR 418.08 has been integrated within Wisconsin's existing SIP 
regulations, and does not eliminate a source's obligation to comply with 
all existing SO2 SIP requirements. Specifically, today's 
action in no way affects the terms and conditions of a Federal Consent 
Decree entered into by USEPA and the Weyerhaeuser Company located in 
Rothschild, Wisconsin No. 89-C-0973-C (W.D. Wis., filed November 1, 
1989). This Consent Decree resolves USEPA's enforcement action against 
Weyerhaeuser Company for violations of SIP rule NR 154.12(1) (now 
recodified as 418.08). In that Decree, Weyerhaeuser committed to comply 
with NR 154.12(1) by installing a desulfurization scrubber. August 15, 
1989, the WDNR issued a construction permit to Weyerhaeuser which limit 
the combined emissions of Weyerhaeuser's acid plant and desulfurization 
scrubber to 28 pounds of SO2 per hour. The conditions and 
terms of this construction permit and of the Consent Decree remain 
federally enforceable. On May 9, 1987, 18 months past the effective date 
of USEPA's designation of Marathon County as a primary SO2 
non-attainment area (October 9, 1985, (50 FR 41139)), a construction 
moratorium was imposed in Marathon County under section 110(a)(2)(I) of 
the Clean Air Act because the county did not have a USEPA approved plan 
which assured the attainment and maintenance of the SO2 
NAAQS. However, USEPA final approval of Rothschild's SO2 SIP 
will lift the section 110(a)(2)(I) construction ban in Marathon County.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, Natural Resources 418.08, 
Rothschild RACT sulfur limitations, as published in the (Wisconsin) 
Register, September, 1986, number 369, effective October 1, 1986.
    (ii) Additional information.
    (A) Weyerhaeuser Company, Federal Consent Decree No. 89-C-0973-C 
(W.D. Wis., filed November 1, 1989).
    (56) [Reserved]
    (57) On January 13, 1987, WDNR submitted a temporary variance from 
NR 154.13(4)(g) and interim emission limits for VOC emissions from 
General Motors Corporation's topcoat and final repair lines at 
Janesville, Wisconsin, which expire on December 31, 1992.
    (i) Incorporation by reference. (A) January 12, 1987, letter to Mike 
Cubbin, Plant Manager, General Motors Corporation from L.F. Wible, P.E., 
Administrator, Division of Environmental Standards.
    (58) [Reserved]
    (59) On November 6, 1986, WDNR submitted a variance from NR 
422.15(2)(b), subject to certain conditions, for the VOC emissions from 
Gehl Company's dip tank coating operation in West Bend, Wisconsin. On 
May 22, 1990, WDNR added four additional conditions to the revised plan, 
and on September 5, 1990, it submitted clarifications to the plan.
    (i) Incorporation by reference. (A) A November 6, 1986, letter from 
Lyman Wible, P.E., Administrator, Division of Environmental Standards, 
WDNR to Mr. Michael J. Mulcahy, Vice-President, Secretary and General 
Counsel, Gehl Company.
    (B) A May 10, 1990, letter from Lyman Wible, P.E., Administrator, 
Division of Environmental Standards, WDNR to Mr. Michael J. Mulcahy, 
Vice-President, Secretary and General Counsel, Gehl Company.
    (ii) Additional information. (A) A September 5, 1990, letter from 
Thomas F. Steidl, Attorney, WDNR to Louise C. Gross, Associated Regional 
Counsel, USEPA.
    (60) On January 23, 1984, and May 21, 1987, the WDNR submitted a 
proposed revision and additional information to the SO2 SIP 
for sources located in the cities of Green Bay and DePere, Wisconsin 
(Brown County).
    (i) Incorporation by reference. (A) Natural Resources 418.05, Green 
Bay and DePere RACT sulfur limitations, as published in the (Wisconsin) 
Register, September, 1990, No. 417 at page 96, effective October 1, 
1986.
    (ii) Additional information. (A) A July 16, 1990, letter from Don 
Theiler, Director Bureau of Air Management, WDNR additional information 
responding to USEPA's comments on the variable

[[Page 1075]]

emission limits for Proctor & Gamble-Fox River, James River Corporation, 
and Green Bay Packaging.
    (B) An August 27, 1986, letter from Vicki Rudell, Air Management 
Engineer, WDNR to Mr. Bill Zabor, Proctor & Gamble, Fox River Mill, 
regarding averaging time to be used when determining SO2 
emission limit exceedances and the concept of bubbling SO2 
emission limit from the digester blow stack scrubber and brown stock 
washer stack.
    (C) A July 13, 1990, letter from W.F. Zabor, Environmental Control 
Manager, Proctor & Gamble to WDNR regarding the shut down of the bark 
combustor.
    (D) A June 12, 1990, letter from Scott E. Valitchka, Environmental 
Control Engineer, James River Corporation, regarding how it intends to 
determine compliance with its boiler SO2 emissions.
    (E) A July 9, 1990, letter from Brian F. Duffy, Corporate 
Environmental Director Mills Operations to WDNR regarding SO2 
emission limits and compliance demonstration.
    (F) A January 21, 1987, memorandum from Sudhir V. Desai, 
Environmental Engineer Central District Office, USEPA to Rashidan Khan, 
Engineering Section, USEPA, entitled ``Overview Inspection Green Bay 
Packaging Inc., Mill Division Green Bay, Wisconsin 54307, State FID 
405032100 (A21055)''.
    (61) [Reserved]
    (62) On December 11, 1991, the United States Environmental 
Protection Agency received a revision to Wisconsin's State 
Implementation Plan for Carbon Monoxide. This revision took the form of 
Administrative Order AM-91-71, dated November 22, 1991, which 
incorporates a stipulation between the Wisconsin Department of Natural 
Resources and the Brunswick Corporation d.b.a. Mercury Marine. The 
Administrative Order addresses the emissions of carbon monoxide into the 
ambient air from Mercury Marine Engine Testing Facility in Oshkosh, 
Wisconsin.
    (i) Incorporation by reference.
    Administrative Order AM-91-71, dated November 22, 1991, which 
incorporates a stipulation between the Wisconsin Department of Natural 
Resources and the Brunswick Corporation d.b.a. Mercury Marine.
    (ii) Additional materials.
    Attainment modeling demonstration of control strategy to limit 
carbon monoxide emissions from Mercury Marine Engine Testing Facility, 
dated December 20, 1989.
    (63) Revisions to the sulfur dioxide attainment plan were submitted 
by the State of Wisconsin between June 5, 1985, and January 27, 1992. 
The revised plan consists of: Natural Resources 417.07, Natural 
Resources 417.04, several operating permits, numerous administrative 
rules, numerous negative declarations, and some compliance plans.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, Natural Resources (NR) 417.07, 
Statewide Sulfur Dioxide Emission Limitations: Subsections 1 
(Applicability); 2a, 2b, 2c, 2d, 2g (Emission Limits for Existing 
Sources); 3 (Emission Limits for New Sources); 4 (More Restrictive 
Emission Limits); 5 (Alternate Emission Limits); 6 (Compliance 
Schedules); 7 (Compliance Determinations); 8 (Variance from Emission 
Limits); as published in the (Wisconsin) Register, September, 1990, 
Number 417 at page 86, effective October 1, 1986.
    (B) Wisconsin Administrative Code, NR 417.04, Southeastern Wisconsin 
Intrastate AQCR, as published in the (Wisconsin) Register, September, 
1990, Number 417 at page 85, effective October 1, 1986.
    (C) An Air Pollution Control Permit (MIA-10-DFS-82-36-101), dated 
and effective December 22, 1982, issued by the Wisconsin Department of 
Natural Resources to The Manitowoc Company, Inc., limiting the emissions 
and operation of Boiler 23 at the facility in Manitowoc, 
Manitowoc County, Wisconsin.
    (D) An Air Pollution Control Permit (EOP-10-DFS-82-36-102), dated 
and effective January 12, 1983, and amended on August 7, 1987, issued by 
the Wisconsin Department of Natural Resources to the Manitowoc Company, 
Inc., limiting the emissions and operation of Boilers 20, 21, 
and 22 at the facility in Manitowoc, Manitowoc County, Wisconsin.

[[Page 1076]]

    (E) An Administrative Order (86-436041870-J01), dated and effective 
November 25, 1986, issued by the Wisconsin Department of Natural 
Resources to the Manitowoc Company, Inc., South Works Facility, limiting 
the emissions and operation of Boilers 20 and 21 at the 
facility in Manitowoc, Manitowoc County, Wisconsin.
    (F) An Administrative Order (86-445038550-J01), dated and effective 
October 27, 1986, issued by the Wisconsin Department of Natural 
Resources to Appleton Papers, Inc., limiting the emissions and operation 
of Boiler 22 at the facility in Appleton, Outagamie County, 
Wisconsin.
    (G) A letter from Andrew Stewart to Dennis Hultgren, dated and 
effective on October 9, 1986, that details the conditions of the 
compliance plan for Appleton Papers at the facility in Appleton, 
Outagamie County, Wisconsin.
    (H) An Administrative Order (86-445039100-J01), dated and effective 
December 23, 1986, issued by the Wisconsin Department of Natural 
Resources to the Fox River Paper Company, limiting the emissions and 
operation of Boiler 21 at the facility in Appleton, Outagamie 
County, Wisconsin.
    (I) An Administrative Order (87-445009950-N01), dated and effective 
May 7, 1987, issued by the Wisconsin Department of Natural Resources to 
the Sanger B. Powers Correctional Center, limiting the emissions and 
operation of Boilers 1 and 2 at the facility in Oneida, 
Outagamie County, Wisconsin.
    (J) An Air Pollution Control Permit (86-SJK-072), dated and 
effective July 28, 1987, issued by the Wisconsin Department of Natural 
Resources to the Thilmany Pulp and Paper Company, limiting the emissions 
and operation of Boilers 07, 08, 09, 10, and 11 at the facility 
in Kaukauna, Outagamie County, Wisconsin.
    (K) An Administrative Order (87-469034390-J01), dated and effective 
January 22, 1987, issued by the Wisconsin Department of Natural 
Resources to the FWD Corporation, limiting the emissions and operation 
of Boilers 21, 22, and 23 at the facility in Clintonville, 
Waupaca County, Wisconsin.
    (L) An Administrative Order (86-471030560-J01), dated and effective 
October 29, 1986, issued by the Wisconsin Department of Natural 
Resources to the Gilbert Paper Company, limiting the emissions and 
operation of Boilers 22, 23, 24, and 25 at the facility in 
Menasha, Winnebago County, Wisconsin.
    (M) An Administrative Order (86-471031000-J01), dated and effective 
November 25, 1986, issued by the Wisconsin Department of Natural 
Resources to Kimberly Clark-Neenah Paper and Badger Globe Division, 
limiting the emissions and operation of Boilers 21 and 22 at 
the facility in Neenah, Winnebago County, Wisconsin.
    (N) An Administrative Order (86-471031220-J01), dated and effective 
October 27, 1986, issued by the Wisconsin Department of Natural 
Resources to the U.S. Paper Mills Corporation-Menasha Mill Division, 
limiting the emissions and operation of Boiler 21 at the 
facility in Menasha, Winnebago County, Wisconsin.
    (O) A Mandatory Operating Permit (735008010-J01), dated and 
effective June 16, 1987, issued by the Wisconsin Department of Natural 
Resources to Owens-Illinois Tomahawk and Timber STS, Inc., limiting the 
emissions and operation of Boilers 24, 25, 27, 28, and 29 at 
the facility in Tomahawk, Lincoln County, Wisconsin.
    (P) An Administrative Order (86-750011350-J01), dated and effective 
September 16, 1986, issued by the Wisconsin Department of Natural 
Resources to the Del Monte Corporation, limiting the emissions and 
operation of Boilers 01 and 02 at the facility in Plover, 
Portage County, Wisconsin.
    (Q) An Air Pollution Control Permit (85-RV-013), dated and effective 
July 17, 1985, issued by the Wisconsin Department of Natural Resources 
to the Neenah Paper Company, limiting the emissions and operation of 
Boiler 01 at the facility in Stevens Point, Portage County, 
Wisconsin.
    (R) An Elective Operating Permit (87-NEB-701), dated and effective 
December 23, 1987, issued by the Wisconsin Department of Natural 
Resources to Nekoosa Papers, Incorporated-Port Edwards Mill, Inc., 
limiting the emissions and operation of

[[Page 1077]]

Boilers 20, 21, 24, and 25; as well as the sulfite recovery 
furnace at the facility in Port Edwards, Wood County, Wisconsin.
    (S) An Air Pollution Control Permit (603007790-N01), dated and 
effective June 12, 1987, issued by the Wisconsin Department of Natural 
Resources to the Seneca Foods Corporation, limiting the emissions and 
operation of Boilers 10 and 11 at the facility in Cumberland, 
Barron County, Wisconsin.
    (T) An Air Pollution Control Permit (MIA-10-KJC-83-16-044), dated 
and effective July 7, 1983, issued by the Wisconsin Department of 
Natural Resources to the Koppers Company, limiting the emissions and 
operation of Boiler 1 at the facility in Superior, Douglas 
County, Wisconsin.
    (U) An Administrative Order (86-649028490-N01), dated and effective 
September 30, 1986, issued by the Wisconsin Department of Natural 
Resources to the Wisconsin Dairies Cooperative, limiting the emissions 
and operation of Boilers 20, 21, and 22 at the facility in 
Clayton, Polk County, Wisconsin.
    (V) An Administrative Order (86-851009940-J01), dated and effective 
September 30, 1986, issued by the Wisconsin Department of Natural 
Resources to Lionite Hardboard, limiting the emissions and operation of 
Boiler 20 at the facility in Phillips, Price County, Wisconsin.
    (W) An Administrative Order (86-230008570-N01), dated and effective 
September 29, 1986, issued by the Wisconsin Department of Natural 
Resources to the University of Wisconsin-Parkside Heating Plant, 
limiting the emissions and operation of Boilers 20, 21, 22, and 
23 at the facility in Kenosha, Kenosha County, Wisconsin.
    (X) An Administrative Order (86-241012970-J01), dated and effective 
September 29, 1986, issued by the Wisconsin Department of Natural 
Resources to the A.O. Smith/Automotive Products Company, limiting the 
emissions and operation of the fuel burning equipment at the facility in 
Milwaukee, Milwaukee County, Wisconsin.
    (Y) An Administrative Order (86-241014730-J01), dated and effective 
September 30, 1986, issued by the Wisconsin Department of Natural 
Resources to the American Can Company, limiting the emissions and 
operation of Boilers 20, 21, and 22 at the facility in 
Milwaukee, Milwaukee County, Wisconsin.
    (Z) An Administrative Order (87-241007360-J01), dated and effective 
October 28, 1987, issued by the Wisconsin Department of Natural 
Resources to the American Motors Corporation, Milwaukee Manufacturing 
Plant, limiting the emissions and operation of Boilers 20, 21, 
22, 23, and 24 at the facility in Milwaukee, Milwaukee County, 
Wisconsin.
    (AA) An Administrative Order (86-241016710-J01), dated and effective 
September 29, 1986, issued by the Wisconsin Department of Natural 
Resources to the Eaton Corporation/Specific Industry Control Division, 
limiting the emissions and operation of Boilers 20, 21, 22, at 
the facility in Milwaukee, Milwaukee County, Wisconsin.
    (BB) An Administrative Order (86-241027050-J01), dated and effective 
September 18, 1986, issued by the Wisconsin Department of Natural 
Resources to the Milwaukee County Department of Health and Human 
Services, limiting the emissions and operation of Boilers 20, 
21, 22, and 23, at the facility in Milwaukee, Milwaukee County, 
Wisconsin.
    (CC) An Administrative Order (86-241084690-J01), dated and effective 
September 30, 1986, issued by the Wisconsin Department of Natural 
Resources to OMC Evinrude, limiting the emissions and operation of 
Boilers 20, 21, and 22, at the facility in Milwaukee, Milwaukee 
County, Wisconsin.
    (DD) A letter from Bill Haas to Steve Otto, dated and effective on 
September 24, 1986, that details the conditions of the compliance plan 
for OMC-Evinrude at the facility in Milwaukee, Milwaukee County, 
Wisconsin.
    (EE) An Administrative Order (86-241009670-N01), dated and effective 
September 30, 1986, issued by the Wisconsin Department of Natural 
Resources to Patrick Cudahy, Incorporated, limiting the emissions and 
operation of Boilers 20, 22, and 24, at the facility in Cudahy, 
Milwaukee County, Wisconsin.
    (FF) An Elective Operating Permit (86-MJT-037), dated and effective 
September 23, 1986, issued by the Wisconsin Department of Natural 
Resources to the Peter Cooper Corporation, limiting the emissions and 
operation of Boilers

[[Page 1078]]

20, 21, 22,23, and 24 at the facility in Oak Creek, Milwaukee 
County, Wisconsin.
    (GG) An Administrative Order (86-241099910-J01), dated and effective 
October 5, 1986, issued by the Wisconsin Department of Natural Resources 
to the University of Wisconsin at Milwaukee, Central Heating Plant, 
limiting the emissions and operation of Boilers 20A, 20B, 20C, 
and 21 at the facility in Milwaukee, Milwaukee County, Wisconsin.
    (HH) A letter from Donald F. Theiler to William H. Rowe, dated and 
effective on October 2, 1986, that details the conditions of the 
compliance plan for the University of Wisconsin at Milwaukee at the 
facility in Milwaukee, Milwaukee County, Wisconsin.
    (II) An Administrative Order (86-241025840-J01), dated and effective 
September 30, 1986, issued by the Wisconsin Department of Natural 
Resources to the Vilter Manufacturing Corporation, limiting the 
emissions and operation of Boilers 20, and 21, at the facility 
in Milwaukee, Milwaukee County, Wisconsin.
    (JJ) An Air Pollution Control Permit (EOP-10-DLJ-82-52-073), dated 
and effective January 18, 1983, issued by the Wisconsin Department of 
Natural Resources to J.I. Case, limiting the emissions and operation of 
Boilers 21 and 22 at the facility in Racine, Racine County, 
Wisconsin.
    (KK) An Administrative Order (86-252006370-J01), dated and effective 
October 13, 1986, issued by the Wisconsin Department of Natural 
Resources to S.C. Johnson and Son, Inc., limiting the emissions and 
operation of Boilers 20, 21, 22, and 23 at the facility in 
Sturtevant, Racine County, Wisconsin.
    (LL) A letter from Donald F. Theiler to Thomas T. Stocksdale, dated 
and effective on October 13, 1986, that details the conditions of the 
compliance plan for S.C. Johnson and Son at the facility in Sturtenant, 
Racine County, Wisconsin.
    (MM) An Administrative Order (86-252012530-J01), dated and effective 
September 29, 1986, issued by the Wisconsin Department of Natural 
Resources to Southern Wisconsin Center, limiting the emissions and 
operation of Boilers 20, 21, 22 and 23 at the facility in Union 
Grove, Racine County, Wisconsin.
    (NN) A letter from Donald F. Theiler to George Wade, dated and 
effective on September 24, 1986, that details the conditions of the 
compliance plan for Southern Wisconsin Center at the facility in Union 
Grove, Racine County, Wisconsin.
    (OO) An Administrative Order (86-252005050-J01), dated and effective 
September 30, 1986, issued by the Wisconsin Department of Natural 
Resources to Western Publishing Company, limiting the emissions and 
operation of Boilers 20A, 20B, and 21 at the facility in 
Racine, Racine County, Wisconsin.
    (PP) An Air Pollution Control Permit (MIA-12-DAA-83-60-208), dated 
and effective November 2, 1983, issued by the Wisconsin Department of 
Natural Resources to Borden Chemical, limiting the emissions and 
operation of Boiler 20 at the facility in Sheboygan, Sheboygan 
County, Wisconsin.
    (QQ) An Elective Operative Permit (86-SJK-71A), dated and effective 
May 25, 1988, issued by the Wisconsin Department of Natural Resources to 
the Wisconsin Power and Light Company, limiting the emissions and 
operation of Boilers 23, and 24 at the facility in Sheboygan, 
Sheboygan County, Wisconsin.
    (RR) An Air Pollution Control Permit (86-LMW-406), dated and 
effective September 18, 1986 issued by the Wisconsin Department of 
Natural Resources to the Wisconsin Power and Light Company, limiting the 
emissions and operation of Unit 2 at the facility in Portage, Columbia 
County, Wisconsin.
    (SS) An Administrative Order, dated and effective August 1, 1986, 
issued by the Wisconsin Department of Natural Resources to Oscar Mayer 
Foods Corporation, limiting the emissions from all sources at the 
facility in Madison, Dane County, Wisconsin.
    (TT) An Administrative Order, dated and effective August 6, 1986, 
issued by the Wisconsin Department of Natural Resources to the 
University of Wisconsin, Charter Street Heating Plant, limiting the 
emissions from all sources at the facility in Madison, Dane County, 
Wisconsin.

[[Page 1079]]

    (UU) An Administrative Order (86-114004770-N01), dated and effective 
September 23, 1986, issued by the Wisconsin Department of Natural 
Resources to the Universal Foods Corporation, limiting the emissions and 
operation of Boilers 21 and 22 at the facility in Juneau, Dodge 
County, Wisconsin.
    (VV) An Administrative Order (86-114003340-N01), dated and effective 
September 23, 1986, issued by the Wisconsin Department of Natural 
Resources to John Deere Horicon Works, limiting the emissions and 
operation of fuel burning equipment at the facility in Horicon, Dodge 
County, Wisconsin.
    (WW) An Administrative Order (86-420044680-N01), dated and effective 
September 30, 1986, issued by the Wisconsin Department of Natural 
Resources to the Taycheedah Correctional Institute, limiting the 
emissions and operation of Boiler 20 at the facility in 
Taycheedah, Fond du Lac County, Wisconsin.
    (XX) An Administrative Order (86-122003640-J01), dated and effective 
September 30, 1986, issued by the Wisconsin Department of Natural 
Resources to the Dairyland Power Cooperative, limiting the emissions and 
operation of Boilers 20 and 21 at the facility in Cassville, 
Grant County, Wisconsin.
    (YY) An Administrative Order (86-123002440-N01), dated and effective 
September 29, 1986, issued by the Wisconsin Department of Natural 
Resources to the Iroquois Foundry Company, limiting the emissions and 
operation of fuel burning equipment at the facility in Browntown, Green 
County, Wisconsin.
    (ZZ) An Administrative Order (86-424017550-J02), dated and effective 
March 2, 1987, issued by the Wisconsin Department of Natural Resources 
to the Berlin Foundry Company, limiting the emissions and operation of 
fuel burning equipment at the facility in Berlin, Green Lake County, 
Wisconsin.
    (AAA) An Administrative Order (86-424021180-N01), dated and 
effective er 30, 1986, issued by the Wisconsin Department of Natural 
Resources to the Berlin Tanning and Manufacturing Company, limiting the 
emissions and operation of fuel burning equipment at the facility in 
Berlin, Green Lake County, Wisconsin.
    (BBB) An Administrative Order (86-128003700-N01), dated and 
effective September 23, 1986, issued by the Wisconsin Department of 
Natural Resources to the Carnation Company-Pet Food and Cereal Division, 
limiting the emissions and operation of Boilers 21 and 22 at 
the facility in Jefferson, Jefferson County, Wisconsin.
    (CCC) An Administrative Order (86-154008030-J01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to Frank Brothers, Incorporated, limiting the 
emissions and operation of fuel burning equipment at the facility in 
Milton, Rock County, Wisconsin.
    (DDD) An Administrative Order (86-154002860-J01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to the General Motors Corporation, limiting the 
emissions and operation of Boilers 21, 22, 23, 24, and 25 at 
the facility in Janesville, Rock County, Wisconsin.
    (EEE) An Administrative Order (86-154004290-N01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to George Hormel and Company, limiting the emissions 
and operation of Boilers 20, 21 and 22 at the facility in 
Beloit, Rock County, Wisconsin.
    (FFF) An Administrative Order (86-999019320-J01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to Rock Road of Wisconsin, limiting the emissions and 
operation of fuel burning equipment at the facility in Janesville, Rock 
County, Wisconsin.
    (GGG) An Administrative Order (86-609037440-N01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to the Jacob Leinenkugel Brewing Company, limiting the 
emissions and operation of Boiler 20 at the facility in 
Chippewa Falls, Chippewa County, Wisconsin.
    (HHH) An Administrative Order (86-609037660-J01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to the Northern Wisconsin Center for the 
Developmentally Disabled, limiting the emissions and operation of 
Boilers 20,

[[Page 1080]]

21, 22, and 23 at the facility in Chippewa Falls, Chippewa County, 
Wisconsin.
    (III) An Air Pollution Control Permit (MIN-04-80-10-028), dated and 
effective June 19, 1981, issued by the Wisconsin Department of Natural 
Resources to Lynn Protein, limiting the operation of Boiler 21 
at the facility in Clark County, Wisconsin.
    (JJJ) A letter from Thomas Woletz to Dale Sleiter, dated and 
effective on September 9, 1986, that details the conditions of the 
compliance plan for the Lynn Protein facility in Clark County, 
Wisconsin.
    (KKK) An Administrative Order (86-618022350-J01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to Uniroyal Tire Company, Incorporated, limiting the 
emissions and operation of Boilers 20, 21, and 22 at the 
facility in Eau Claire, Chippewa County, Wisconsin.
    (LLL) An Administrative Order (86-618027080-J01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to the University of Wisconsin Eau Claire Heating 
Plant, limiting the emissions and operation of Boilers 20 and 
21 at the facility in Eau Claire, Chippewa County, Wisconsin.
    (MMM) An Administrative Order (86-618026530-N01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to the Waste Research and Reclamation Company, 
limiting the emissions and operation of Boilers 20 and 21 at 
the facility in Eau Claire, Chippewa County, Wisconsin.
    (NNN) An Administrative Order (86-632028430-J01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to the G. Heileman Brewing Company, limiting the 
emissions and operation of Boilers 20, 21, 24, and 25 at the 
facility in LaCrosse, LaCrosse County, Wisconsin.
    (OOO) An Administrative Order (86-632028210-J01), dated and 
effective November 26, 1986, issued by the Wisconsin Department of 
Natural Resources to the Trane Company-Main Complex, limiting the 
emissions and operation of Boilers 20, 21, 22, 23, and 24 at 
the facility in LaCrosse, LaCrosse County, Wisconsin.
    (PPP) An Administrative Order (86-632023590-J01), dated and 
effective November 26, 1986, issued by the Wisconsin Department of 
Natural Resources to the Trane Company-Plant 6, limiting the emissions 
and operation of Boilers 20, 21, and 22 at the facility in 
LaCrosse, LaCrosse County, Wisconsin.
    (QQQ) An Administrative Order (86-632028100-J01), dated and 
effective September 29, 1986, issued by the Wisconsin Department of 
Natural Resources to the University of Wisconsin-LaCrosse, limiting the 
emissions and operation of fuel burning equipment at the facility in 
LaCrosse, LaCrosse County, Wisconsin.
    (RRR) An Administrative Order (86-642028860-N01), dated and 
effective December 23, 1986, issued by the Wisconsin Department of 
Natural Resources to the Golden Guernsey Dairy, limiting the emissions 
and operation of fuel burning equipment at the facility in Sparta, 
Monroe County, Wisconsin.
    (SSS) An Elective Operating Permit (87-JBG-079), dated and effective 
March 9, 1988, issued by the Wisconsin Department of Natural Resources 
to the Dairyland Power Cooperative, limiting the emissions and operation 
of Boiler 20 at the facility in Genoa, Vernon County, 
Wisconsin.
    (ii) Additional information. (A) On June 9, 1992, Wisconsin DNR 
submitted its SO2 maintenance plan for the City of Madison, 
Dane County.
    (B) On June 12, 1992, Wisconsin DNR submitted its SO2 
maintenance plan for the City of Milwaukee, Milwaukee County.
    (64) On November 17, 1987, the Wisconsin Department of Natural 
Resources submitted Wisconsin's Rule Natural Resources (NR) 439.03--
Reporting; NR 439.09--Inspections; and NR 484.04--Code of Federal 
Regulation Provisions.
    (i) Incorporation by reference.
    (A) Wisconsin revised rules NR 439.03, NR 439.09 and NR 484.04, 
Wisconsin's Administrative Code, effective October 1, 1987.
    (65) On March 13, 1989, and May 10, 1990, Wisconsin Department of 
Natural Resources (WDNR) submitted rule

[[Page 1081]]

packages AM-2-88 and AM-22-88, respectively, as revisions to its state 
implementation plan for particulate matter. AM-2-88 was published in 
December, 1988, and became effective on January 1, 1989. AM-2-88 
modifies Chapter NR, Sections 400.02, 404.02, 405.02, 406.04, and 484.03 
of the Wisconsin Administrative Code (WAC). AM-22-88 was published in 
September, 1989, and became effective on October 1, 1989. AM-22-88 
modifies Chapter NR, Sections 404.04 and 484.03 of the WAC.
    (i) Incorporation by reference.
    (A) The rule packages revise NR 400.02, 404.02, 404.04, 405.02, 
406.04, and 484.03 of the Wisconsin Administrative Code.
    (ii) Additional information.
    (A) A January 22, 1993, letter from D. Theiler, Director, Bureau of 
Air Management, WDNR, provides additional information responding to 
USEPA's proposed disapproval of the SIP revision, and contains WDNR's 
commitment to using only test methods approved by USEPA.
    (66)-(68) [Reserved]
    (69) On November 18, 1992, the State submitted rules regulating 
volatile organic compound emissions from gasoline dispensing facilities' 
motor vehicle fuel operations.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code, Chapter NR 420 Control of Organic 
Compound Emissions from Petroleum and Gasoline Sources; Section 420.02 
Definitions, Sections NR 420.02(8m), (24m), (32m), (38m), (39m); Section 
NR 420.045 Motor Vehicle Refueling; published in Wisc. Admin. Code in 
January 1993, and took effect on February 1, 1993.
    (B) Wisconsin Administrative Code, Chapter NR 425 Compliance 
Schedules, Exceptions, Registration and Deferrals for Organic Compound 
Emissions Sources in Chapters 419 to 424; Section 425.035 Throughput 
Reporting and Compliance Schedules for Motor Vehicle Refueling; 
published in Wisc. Admin. Code in January 1993, and took effect on 
February 1, 1993.
    (C) Wisconsin Administrative Code, Chapter NR 439 Reporting, 
Recordkeeping, Testing, Inspection and Determination of Compliance 
Requirements; Section NR 439.06(3)(c); Section NR 439.06(3)(i); 
published in the Wisc. Admin. Code in January 1993, and took effect on 
February 1, 1993.
    (D) Wisconsin Administrative Code, Chapter NR 484 Incorporation by 
Reference; Section 484.05(1) Test Method 21 in appendix A of 40 CFR part 
60 is incorporated by reference; Section NR 484.06(2) Other Materials 
(introduction); Section NR 484.06(2) (u) and (v) were created to 
incorporate San Diego Air Pollution Control District Test Procedures TP-
91-1 and TP-91-2; incorporated by reference in Wisc. Admin. Code in 
January 1993, and took effect on February 1, 1993.
    (E) Wisconsin Administrative Code, Chapter NR 494 Enforcement and 
Penalties for Violation of Air Pollution Control Provisions; renumbered 
Sections NR 494.025 and 494.03 to NR 494.03 and 494.05; Section NR 
494.04 Tagging Gasoline Dispensing Equipment; published in the Wisc. 
Admin. Code in January 1993 and took effect on February 1, 1993.
    (ii) Additional materials.
    (A) Stage II Vapor Recovery SIP Program Description dated November 
15, 1992.
    (B) Letter from WDNR dated March 29, 1993, citing State authority 
under Sections NR 144.98, 144.99, 144.423, and 144.426, Wisc. Admin. 
Code, to enforce the Stage II program.
    (C) Packet of public education materials on Stage II distributed by 
WDNR.
    (70) On July 2, 1993, the State of Wisconsin submitted a requested 
revision to the Wisconsin State Implementation Plan (SIP) intended to 
satisfy the requirements of section 182 (a)(3)(B) of the Clean Air Act 
as amended in 1990. Included were State rules establishing procedures 
for stationary sources throughout the state to report annual emissions 
of volatile organic compounds (VOC) and oxides of nitrogen 
(NOX) as well as other pollutants.
    (i) Incorporation by reference. Wisconsin Administrative Code, 
Chapter NR 438, Air Contaminant Emission Reporting Requirements, 
published in the Wisconsin Register, May 1993, effective June 1, 1993.
    (71) [Reserved]
    (72) On November 18, 1992 and January 21, 1993, the State of 
Wisconsin submitted a Small Business Stationary

[[Page 1082]]

Source Technical and Environmental Assistance Program for incorporation 
in the Wisconsin State Implementation Plan as required by Section 507 of 
the Clean Air Act. Included in the State's submittal were portions of 
1991 Wisconsin Act 269 and 1991 Wisconsin Act 302.
    (i) Incorporation by reference.
    (A) Section 15.157(10)--small business environmental council--91-92 
Wis. Stats., Effective date: May 14, 1992.
    (B) Section 144.36--small business stationary source technical and 
environmental compliance assistance program--91-92 Wis. Stats., 
Effective date: May 14, 1992.
    (C) Section 144.399(2)(c)--fees--91-92 Wis. Stats., Effective date: 
July 1, 1992.
    (D) Section 560.03(9)--business and industrial development--91-92 
Wis. Stats., Effective date: May 14, 1992.
    (E) Section 560.11--small business environmental council--91-92 Wis. 
Stats., Effective date: May 14, 1992.
    (F) Section 560, Subchapter III--permit information center--91-92 
Wis. Stats., Effective date: November 17, 1983.
    (G) Section 96--nonstatutory provisions; development--91 WisAct 302, 
1991 Laws of Wisconsin. Effective date May 14, 1992.
    (ii) Other material.
    (A) Program description.
    (73) Revisions to the ozone State Implementation Plan (SIP) were 
submitted by the Wisconsin Department of Natural Resources on September 
22, 1993, and January 14, 1994. These rules replace the 154 series 
stationary source VOC regulations previously contained in Wisconsin's 
ozone SIP with 400 series regulations which are consistent with the 
current Wisconsin Administrative Code. These rules are only being 
approved as they apply to the ozone SIP.
    (i) Incorporation by reference. The following chapters of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) Chapter NR 400: AIR POLLUTION CONTROL DEFINITIONS. NR 400.01 as 
published in the (Wisconsin) Register, February, 1990, No. 410, 
effective March 1, 1990. NR 400.02 as published in the (Wisconsin) 
Register, June, 1993, No. 450, effective July 1, 1993.
    (B) Chapter NR 419: CONTROL OF ORGANIC COMPOUND EMISSIONS, except 
for NR 419.07. NR 419.01, 419.02, 419.03, 419.04 and 419.06 as published 
in the (Wisconsin) Register, February, 1990, No. 410, effective March 1, 
1990. NR 419.05 as published in the (Wisconsin) Register, December, 
1993, No. 456, effective January 1, 1994.
    (C) Chapter NR 420: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM 
PETROLEUM AND GASOLINE SOURCES. NR 420.01 as published in the 
(Wisconsin) Register, February, 1990, No. 410, effective March, 1, 1990. 
NR 420.02 and 420.045 as published in the (Wisconsin) Register, January, 
1993, No. 445, effective February 1, 1993. NR 420.03 and 420.04 as 
published in the (Wisconsin) Register, December, 1993, No. 456, 
effective January 1, 1994. NR 420.05 as published in the (Wisconsin) 
Register, May, 1992, No. 437, effective June 1, 1992.
    (D) Chapter NR 421: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM 
CHEMICAL, COATINGS AND RUBBER PRODUCTS MANUFACTURING. NR 421.01 as 
published in the (Wisconsin) Register, February, 1990, No. 410, 
Effective March 1, 1990. NR 421.02, 421.03, 421.05 and 421.06 as 
published in the (Wisconsin) Register, December, 1993, No. 456, 
effective January 1, 1994. NR 421.04 as published in the (Wisconsin) 
Register, May, 1992, No. 437, effective June 1, 1992.
    (E) Chapter NR 422: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM 
SURFACE COATING, PRINTING AND ASPHALT SURFACING OPERATIONS. NR 422.01, 
422.05, 422.06, 422.07, 422.08, 422.085, 422.09, 422.10, 422.11, 422.12, 
422.13, 422.155 and 422.16 as published in the (Wisconsin) Register, 
February, 1990, No. 410, effective March 1, 1990. NR 422.02, 422.03, 
422.04, 422.14 and 422.15 as published in the (Wisconsin) Register, 
December, 1993, No. 456, effective January 1, 1994.
    (F) Chapter NR 423: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM 
SOLVENT CLEANING OPERATIONS. NR 423.01 as published in the (Wisconsin) 
Register, February, 1990, No. 410, effective March 1, 1990. NR 423.02 as 
published in the (Wisconsin) Register, January, 1987, No. 385, effective 
February 1, 1988. NR 423.03, 423.04,

[[Page 1083]]

and 423.05 as published in the (Wisconsin) Register, December, 1993, No. 
456, effective January 1, 1994.
    (G) Chapter NR 424: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM 
PROCESS LINES. NR 424.01 and 424.03 as published in the (Wisconsin) 
Register, February, 1990, No. 410, effective March 1, 1990. NR 424.02 as 
published in the (Wisconsin) Register, April, 1988, No. 388, effective 
May 1, 1988. NR 424.04 as published in the (Wisconsin) Register, 
December, 1993, No. 456, effective January 1, 1994.
    (H) Chapter NR 425: COMPLIANCE SCHEDULES, EXCEPTIONS, REGISTRATION 
AND DEFERRALS FOR ORGANIC COMPOUND EMISSION SOURCES IN CHS. NR 419 TO 
424. NR 425.01 and 425.02 as published in the (Wisconsin) Register, 
February, 1990, No. 410, effective March 1, 1990. NR 425.03 425.04 and 
425.05 as published in the (Wisconsin) Register, December, 1993, No. 
456, effective January 1, 1994. NR 425.035 as published in the 
(Wisconsin) Register, January, 1993, No. 445, effective February 1, 
1993.
    (I) Chapter NR 439: REPORTING, RECORDKEEPING, TESTING, INSPECTION 
AND DETERMINATION OF COMPLIANCE REQUIREMENTS. NR 439.01 and 439.085 as 
published in the (Wisconsin) Register, May, 1992, No. 437, effective 
June 1, 1992. NR 439.02, 439.03, 439.04, 439.05, 439.055, 439.06, 
439.07, 439.075, 439.09, 439.095 and 439.11 as published in the 
(Wisconsin) Register, December, 1993, No. 456, effective January 1, 
1994. NR 439.08 as published in the (Wisconsin) Register, May, 1993, No. 
449, effective June 1, 1993. NR 439.10 as published in the (Wisconsin) 
Register, September, 1987, No. 381, effective October 1, 1987.
    (J) Chapter NR 484: INCORPORATION BY REFERENCE. NR 484.01 as 
published in the (Wisconsin) Register, May, 1992, No. 437, effective 
June 1, 1992. NR 484.02 as published in the (Wisconsin) Register, 
September, 1986, No. 369, effective October 1, 1986. NR 484.03 as 
published in the (Wisconsin) Register, May, 1993, No. 449, effective 
June 1, 1993. NR 484.04, 484.05 and 484.06 as published in the 
(Wisconsin) Register, December, 1993, No. 456, effective January 1, 
1994. NR 484.08 and 484.09 as published in the (Wisconsin) Register, 
October, 1992, No. 442, effective November 1, 1992.
    (74) On November 24, 1992, the State of Wisconsin requested a 
revision to the Wisconsin State Implementation Plan (SIP) to maintain 
the National Ambient Air Quality Standards for SO2 in Douglas 
County Wisconsin. Included were State orders and permits limiting 
emissions from CLM Corporation lime kilns and requiring Continuous 
Emission Monitoring Systems on these kilns.
    (i) Incorporation by reference.
    (A) Wisconsin Order AM-91-816A issued by WDNR to CLM Corporation on 
June 13, 1991. Wisconsin Administrative Order NWD-89-08 issued by the 
WDNR to CLM Corporation on December 20, 1989.
    (75) On November 15, 1992, January 15, 1993, July 28, 1993, and 
January 14, 1994 the State of Wisconsin submitted emergency and 
permanent rules for issuance of New Source Review permits for new and 
modified air pollution sources in nonattainment areas, as required by 
section 182(a)(2)(c) of the Clean Air Act. The emergency rules have now 
been superseded by the permanent rules to clarify and specify the NSR 
requirements that sources must meet under the Clean Air Act. Also 
submitted were portions of 1991 Wisconsin Act 302.
    (i) Incorporation by reference.
    (A) NR 400--Wisconsin Administrative Code, Air Pollution Control, 
Effective date January 1, 1994.
    (B) NR 406--Wisconsin Administrative Code, Construction Permits, 
Effective date January 1, 1994.
    (C) NR 408--Wisconsin Administrative Code, Nonattainment Area Major 
Source Permits, Effective date June 1, 1993.
    (D) NR 490--Wisconsin Administrative Code, Procedures for 
Noncontested Case Public Hearings, Effective date January 1, 1994.
    (E) Section 144.30--91-92 Wisconsin Statutes. Effective date May 14, 
1992.
    (F) Section 144.391--91-92 Wisconsin Statutes. Effective date May 
14, 1992.
    (G) Section 144.392--Construction permit application and review, 91-
92 Wisconsin Statutes. Effective date May 14, 1992.

[[Page 1084]]

    (H) Section 144.393--91-92 Wisconsin Statutes. Effective date May 
14, 1992.
    (i) Section 144.394--Permit conditions, 91-92 Wisconsin Statutes. 
Effective date May 14, 1992.
    (ii) Additional material.
    (A) Wisconsin's Emergency NSR regulations. Effective date November 
15, 1992.
    (B) On December 12, 1994, Donald Theiler, Director, Bureau of Air 
Management, WDNR sent a letter to USEPA clarifying Wisconsin's 
interpretation of ``any period of 5 consecutive years.'' Wisconsin 
interprets the term as referring to the five-year period including the 
calendar year in which the increase from the particular change will 
occur and the four immediately preceding years.
    (76) On January 14, 1994, the State of Wisconsin submitted its rules 
for an Operating Permits program intended to satisfy federal 
requirements for issuing federally enforceable operating permits.
    (i) Incorporation by reference.
    (A) NR 407--Wisconsin Administrative Code, Operating Permits, 
Effective date January 1, 1994.
    (77) On November 15, 1993, the State of Wisconsin submitted a 
revision to the State Implementation Plan (SIP) for the implementation 
of an employee commute options (ECO) program in the Milwaukee-Racine, 
severe-17, ozone nonattainment area. This revision included Chapter NR 
486 of the Wisconsin Administrative Code, effective October 1, 1993, and 
Wisconsin Statutes sections 144.3712, enacted on April 30, 1992 by 
Wisconsin Act 302.
    (i) Incorporation by reference.
    (A) Chapter NR 486 of the Wisconsin Administrative Code, effective 
October 1, 1993.
    (B) Wisconsin Statutes, section 144.3712, enacted on April 30, 1992 
by Wisconsin Act 302.
    (78) On November 15, 1993, the State of Wisconsin submitted a 
revision to the State Implementation Plan (SIP) for the implementation 
of a motor vehicle inspection and maintenance (I/M) program in the 
Milwaukee-Racine and Sheboygan ozone nonattainment areas. This revision 
included 1993 Wisconsin Act 288, enacted on April 13, 1994, Wisconsin 
Statutes Sections 110.20, 144.42, and Chapter 341, Wisconsin 
Administrative Code Chapter NR 485, SIP narrative, and the State's 
Request for Proposal (RFP) for implementation of the program.
    (i) Incorporation by reference.
    (A) 1993 Wisconsin Act 288, enacted on April 13, 1994.
    (B) Wisconsin Statutes, Sections 110.20, 144.42, and Chapter 341, 
effective November 1, 1992.
    (79) On October 21, 1994, the Wisconsin Department of Natural 
Resources (WDNR) submitted a plan modifying the SO2 emission 
limits applicable to Rhinelander Paper Company facility, located in the 
City of Rhinelander, Oneida County, Wisconsin.
    (i) Incorporation by reference.
    (A) A Consent Order (AM-94-38), effective August 22, 1994 issued by 
the Wisconsin Department of Natural Resources (WDNR) and signed by 
Donald F. Theiler for the WDNR and Melvin L. Davidson for the 
Rhinelander Paper Company. Rhinelander Paper Company is located in 
Rhinelander (Oneida County), Wisconsin. This Order limits the overall 
SO2 emissions from the Rhinelander Paper Company, and imposes 
more stringent SO2 limits for the source's stoker and cyclone 
boilers and vapor compression evaporator. Sampling and testing of fuel, 
as well as monitoring criteria are documented within the Order.
    (B) A letter dated August 29, 1994 from the WDNR to Jerry Neis of 
Rhinelander Paper Company, requesting clarification for sampling 
methodologies for all fuel and the source of the sludge used as a fuel 
source.
    (C) A response letter dated October 19, 1994 from Jerome T. Neis of 
Rhinelander Paper Company to the WDNR, detailing sampling methodologies 
for all fuel and clarifying the source of the sludge used as a fuel 
source.
    (80) [Reserved]
    (81) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on June 30, 
1994, and supplemented on July 15, 1994. This revision consists of 
volatile organic compound regulations which establish reasonably 
available control technology

[[Page 1085]]

for yeast manufacturing, molded wood parts or products coating, and wood 
door finishing.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 422.02(7), (34) as amended and published in the (Wisconsin) 
Register, August, 1994, No. 464, effective September 1, 1994. NR 
422.02(12e), (18m), (24s), (27m), (33d), (34m), (46m), and (51) as 
created and published in the (Wisconsin) Register, August, 1994, No. 
464, effective September 1, 1994.
    (B) NR 422.03(intro.) as amended and published in the (Wisconsin) 
Register, August, 1994, No. 464, effective September 1, 1994. NR 422.03 
(8) and (9) as created and published in the (Wisconsin) Register, 
August, 1994, No. 464, effective September 1, 1994.
    (C) NR 422.04(1)(a) as amended and published in the (Wisconsin) 
Register, August, 1994, No. 464, effective September 1, 1994.
    (D) NR 422.132 as created and published in the (Wisconsin) Register, 
August, 1994, No. 464, effective September 1, 1994.
    (E) NR 422.135 as created and published in the (Wisconsin) Register, 
August, 1994, No. 464, effective September 1, 1994.
    (F) NR 424.02 (3), (4), (5), (6), and (7) as created and published 
in the (Wisconsin) Register, June, 1994, No. 462, effective July 1, 
1994.
    (G) NR 424.05 as created and published in the (Wisconsin) Register, 
June, 1994, No. 462, effective July 1, 1994.
    (H) NR 439.04(5)(a)(intro.) as amended and published in the 
(Wisconsin) Register, August, 1994, No. 464, effective September 1, 
1994.
    (I) NR 439.075(2)(a)4. as amended and published in the (Wisconsin) 
Register, June, 1994, No. 462, effective July 1, 1994.
    (J) NR 439.09(7m) as created and published in the (Wisconsin) 
Register, June, 1994, No. 462, effective July 1, 1994. NR 439.09(9)(b) 
as amended and published in the (Wisconsin) Register, June, 1994, No. 
462, effective July 1, 1994.
    (K) NR 439.095 (1)(e) and (5)(e) as created and published in the 
(Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994.
    (L) NR 484.05(9) as renumbered from NR 484.05(2), amended and 
published in the (Wisconsin) Register, August, 1994, No. 464, effective 
September 1, 1994.
    (82) Revisions to the ozone State Implementation Plan (SIP) were 
submitted by the Wisconsin Department of Natural Resources on April 17, 
1990, and June 30, 1994, and supplemented on July 15, 1994. Included in 
these revisions is a volatile organic compound (VOC) regulation which 
establishes reasonably available control technology (RACT) for screen 
printing facilities. Additionally, the State submitted current negative 
declarations for pre-1990 Control Technology Guideline (CTG) categories 
for which Wisconsin does not have rules as well as a list of major 
sources affected by the 13 CTG categories that USEPA is required to 
issue pursuant to sections 183(a), 183(b)(3) and 183(b)(4) of the Clean 
Air Act (Act).
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 422.02(11m), (21s), (41p), (41s), (41v) and (42m) as created 
and published in the (Wisconsin) Register, June, 1994, No. 462, 
effective July 1, 1994. NR 422.02(32) as amended and published in the 
(Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994.
    (B) NR 422.03(4m) as created and published in the (Wisconsin) 
Register, June, 1994, No. 462, effective July 1, 1994.
    (C) NR 422.145 as created and published in the (Wisconsin) Register, 
June, 1994, No. 462, effective July 1, 1994.
    (D) NR 439.04(4)(intro.), (5)(a)1. and (5)(a)2. as amended and 
published in the (Wisconsin) Register, June, 1994, No. 462, effective 
July 1, 1994.
    (ii) Additional material.
    (A) On April 17, 1990, and June 30, 1994, Wisconsin submitted 
negative declarations for the following source categories: Leaks from 
petroleum refinery equipment; Manufacture of synthesized pharmaceutical 
products; Mmanufacture of pneumatic rubber tires; Automobile and light 
duty truck

[[Page 1086]]

manufacturing; Fire truck and emergency response vehicle manufacturing; 
Manufacture of high-density polyethylene, polypropylene, and polystyrene 
resins, a.k.a. polymer manufacturing; Leaks from synthetic organic 
chemical and polymer manufacturing equipment; Air oxidation processes at 
synthetic organic chemical manufacturing industries; and Equipment leaks 
from natural gas/gasoline processing plants. These negative declarations 
are approved into the Wisconsin ozone SIP.
    (B) On June 30, 1994, Wisconsin submitted a list of facilities 
subject to the post-enactment source categories listed in Appendix E to 
the General Preamble. 57 FR 18070, 18077 (April 28, 1992). The list 
included facilities covered by the source categories cleanup solvents, 
offset lithography, plastic parts coating, and wood furniture coating. 
This list is approved into the Wisconsin ozone SIP.
    (83) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on June 14, 
1995. This revision is a volatile organic compound (VOC) regulation 
which requires controls on facilities that perform autobody refinishing 
operations.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 422.02(intro.) and (47), 422.03 (1) and (3) and 484.05(1) as 
amended and published in the (Wisconsin) Register, August, 1995 and 
effective September 1, 1995.
    (B) NR 422.02 (1), (1x), (3m), (12d), (33j), (34s), (34v), (37s), 
(42n), (47e) and (49m) and 422.095 as created and published in the 
(Wisconsin) Register, August, 1995 and effective September 1, 1995.
    (C) NR 422.02(1s) as renumbered from 422.02(1) and published in the 
(Wisconsin) Register, August, 1995 and effective September 1, 1995.
    (84) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on February 
17, 1995, and supplemented on June 14, 1995. This revision consists of a 
volatile organic compound regulation that requires controls for gasoline 
storate tank vent pipes.
    (i) Incorporation by reference. The following section of the 
Wisconsin Administrative Code is incorporated by reference.
    (A) NR 420.035 as created and published in the (Wisconsin) Register, 
July, 1994, No. 463, effective August 1, 1994.
    (85) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on April 12, 
1995, and supplemented on June 14, 1995, and January 19, 1996. This 
revision consists of a volatile organic compound regulation that 
requires the control of emissions from traffic markings.
    (i) Incorporation by reference. The following section of the 
Wisconsin Administrative Code is incorporated by reference.
    (A) NR 422.02(16e), (42q), (42s) and (47m) as created and published 
in the (Wisconsin) Register, July, 1994, No. 463, effective August 1, 
1994.
    (B) NR 422.17 as created and published in the (Wisconsin) Register, 
July, 1994, No. 463, effective August 1, 1994.
    (86) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on April 12, 
1995, and supplemented on June 14, 1995, and January 19, 1996. This 
revision consists of a volatile organic compound regulation that 
requires additional controls on solvent metal cleaning operations. This 
rule is more stringent than the RACT rule it is replacing.
    (i) Incorporation by reference. The following section of the 
Wisconsin Administrative Code is incorporated by reference.
    (A) NR 423.02(10) as renumbered from NR 423.02(9), amended and 
published in the (Wisconsin) Register, August, 1994, No. 464, effective 
September 1, 1994. NR 423.02(11) as renumbered from NR 423.02(10) and 
published in the (Wisconsin) Register, August, 1994, No. 464, effective 
September 1, 1994. NR 423.02(9) and (12) as created and published in the 
(Wisconsin) Register, August, 1994, No. 464, effective September 1, 
1994.

[[Page 1087]]

    (B) NR 423.03 as created and published in the (Wisconsin) Register, 
August, 1994, No. 464, effective September 1, 1994.
    (C) NR 425.03(12)(a)7. as amended and published in the (Wisconsin) 
Register, August, 1994, No. 464, effective September 1, 1994.
    (87) The state of Wisconsin requested a revision to the Wisconsin 
State Implementation Plan (SIP). This revision is for the purpose of 
establishing and implementing a Clean-Fuel Fleet Program to satisfy the 
federal requirements for a Clean Fuel Fleet Program to be part of the 
SIP for Wisconsin.
    (i) Incorporation by reference.
    (A) Chapter 487 of the Wisconsin Administrative Code, effective June 
1, 1995.
    (B) Wisconsin Statutes, section 144.3714, enacted on April 30, 1992, 
by Wisconsin Act 302.
    (88) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on June 30, 
1994, and supplemented on July 15, 1994. This revision consists of 
volatile organic compound regulations which establish reasonably 
available control technology for iron and steel foundries.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 419.02(1s), (1t), (1u), (3m) and (6m) as created and 
published in the (Wisconsin) Register, June, 1994, No. 462, effective 
July 1, 1994.
    (B) NR 419.08 as created and published in the (Wisconsin) Register, 
June, 1994, No. 462, effective July 1, 1994.
    (89) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on May 12, 
1995, and supplemented on June 14, 1995 and November 14, 1995. This 
revision consists of volatile organic compound regulations which 
establish reasonably available control technology for lithographic 
printing facilities.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 422.02(6), (18s), (21e), (24p), (24q), (28g), (37v), (41y) 
and (50v) as created and published in the (Wisconsin) Register, June, 
1995, No. 474, effective July 1, 1995.
    (B) NR 422.04(4) as amended and published in the (Wisconsin) 
Register, June, 1995, No. 474, effective July 1, 1995.
    (C) NR 422.142 as created and published in the (Wisconsin) Register, 
June, 1995, No. 474, effective July 1, 1995.
    (D) NR 439.04(5)(d)1.(intro.) as renumbered from 
439.04(5)(d)(intro.), amended, and published in the (Wisconsin) 
Register, June, 1995, No. 474, effective July 1, 1995.
    (E) NR 439.04(5)(d)1. a. and b. as renumbered from 439.04(5)(d)1. 
and 2., and published in the (Wisconsin) Register, June, 1995, No. 474, 
effective July 1, 1995.
    (F) NR 439.04(5)(d)2 as created and published in the (Wisconsin) 
Register, June, 1995, No. 474, effective July 1, 1995.
    (G) NR 439.04(5)(e)(intro.) as amended and published in the 
(Wisconsin) Register, June, 1995, No. 474, effective July 1, 1995.
    (H) NR 439.06(3)(j) as created and published in the (Wisconsin) 
Register, June, 1995, No. 474, effective July 1, 1995.
    (I) NR 484.04(13m), (15e) and (15m) as created and published in the 
(Wisconsin) Register, June, 1995, No. 474, effective July 1, 1995.
    (J) NR 484.10(39m) as created and published in the (Wisconsin) 
Register, June, 1995, No. 474, effective July 1, 1995.
    (90) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on May 12, 
1995 and later supplemented on June 14, 1995. This revision consists of 
volatile organic compound regulations which establish reasonably 
available control technology for facilities that perform wood furniture 
coating operations.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 422.02(3e),(7m), (16g), (16i), (16k), (41w), (42o), (42u), 
(50e), (50m) and

[[Page 1088]]

(52) as created and published in the (Wisconsin) Register, August, 1995, 
No. 476, effective September 1, 1995.
    (B) NR 422.02(47) as amended and published in the (Wisconsin) 
Register, August, 1995, No. 476, effective September 1, 1995.
    (C) NR 422.125 as created and published in the (Wisconsin) Register, 
August, 1995, No. 476, effective September 1, 1995.
    (D) NR 422.15(1)(intro.) as amended and published in the (Wisconsin) 
Register, August, 1995, No. 476, effective September 1, 1995.
    (91) The State of Wisconsin requested a revision to the Wisconsin 
State Implementation Plan (SIP). This revision is for the purpose of 
satisfying the rate-of-progress requirement of section 182(b) and the 
contingency measure requirement of section 172(c)(9) of the Clean Air 
Act (Act) which will aid in ensuring the attainment of the national 
ambient air quality standard (NAAQS) for ozone.
    (i) Incorporation by reference.
    (A) Wisconsin Statutes, sections 144.31(1)(e) and (f), enacted on 
April 30, 1992, by Wisconsin Act 302.
    (92) On October 18, 1995, the Wisconsin Department of Natural 
Resources submitted a revision to the State Implementation Plan for 
general conformity rules. The general conformity SIP revisions enable 
the State of Wisconsin to implement and enforce the Federal general 
conformity requirements in the nonattainment or maintenance areas at the 
State or local level in accordance with 40 CFR part 93, subpart B--
Determining Conformity of General Federal Actions to State or Federal 
Implementation Plans.
    (i) Incorporation by reference.
    (A) NR 489, as created and published in the (Wisconsin) Register, 
September, 1995, number 477, effective October 1, 1995.
    (93) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on December 
11, 1995 and later supplemented on January 12, 1996. This revision 
consists of a volatile organic compound regulation that establishes 
reasonably available control technology for facilities that use 
industrial adhesives.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 422.02(1e), (1m) and (28j) as created and published in the 
(Wisconsin) Register, August, 1995, No. 476, effective September 1, 
1995.
    (B) NR 422.127 as created and published in the (Wisconsin) Register, 
August, 1995, No. 476, effective September 1, 1995.
    (C) NR 422.132(1)(c) as repealed, recreated and published in the 
(Wisconsin) Register, August, 1995, No. 476, effective September 1, 
1995.
    (94) A revision to the ozone State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on November 
17, 1995. This revision consists of a site-specific revision for the 
GenCorp Inc.-Green Bay facility. This revision is required under 
Wisconsin's federally approved rule, NR 419.05. The storage requirements 
contained in NR 419.05 specifically require floating roofs, vapor 
condensation systems, and vapor holding tanks, or an equally effective 
alternative control method approved by the Wisconsin Department of 
Natural Resources and U.S. EPA. The GenCorp Inc.-Green Bay facility has 
chosen to utilize a pressure vessel storage tank with a vapor balance 
system, as specified in Permit 95-CHB-407 which was issued on August 29, 
1995. This pressure vessel will be used for the storage of acrylonitrile 
that will be used to manufacture styrene-butadiene-acrylonitrile latex.
    (i) Incorporation by reference. The following sections of the 
Wisconsin air pollution construction permit 95-CHB-407 are incorporated 
by reference.
    (A) The permit condition requiring a pressure vessel storage tank 
with a vapor balance system for the styrene-butadiene-acrylonitrile 
latex manufacturing process, as created and published Wisconsin Permit 
95-CHB-407, August 29, 1995 and effective August 29, 1995.
    (95) On March 15, 1996, Wisconsin submitted a site-specific SIP 
revision in the form of a consent order for incorporation into the 
federally enforceable

[[Page 1089]]

ozone SIP. This consent order establishes an alternate volatile organic 
compound control system for a cold cleaning operation at the General 
Electric Medical Systems facility located at 4855 West Electric Avenue 
in Milwaukee.
    (i) Incorporation by reference. The following items are incorporated 
by reference.
    (A) State of Wisconsin Consent Order AM-96-200, dated February 20, 
1996.
    (B) September 15, 1995 letter from Michael S. Davis, Manager--Air 
and Chemical Management Programs, General Electric Medical Systems to 
Denese Helgeland, Wisconsin Department of Natural Resources, along with 
the enclosed system diagram. (This letter is referenced in Consent Order 
AM-96-200.)
    (96)-(97) [Reserved]
    (98) On November 6, 1996, the State of Wisconsin submitted rules 
pertaining to requirements under the Prevention of Significant 
Deterioration program. Wisconsin also submitted rule packages as 
revisions to the state implementation plans for particulate matter and 
revisions to the state implementation plans for clarification changes.
    (i) Incorporated by reference. The following sections of the 
Wisconsin Administrative Code (WAC) are incorporated by reference. Both 
rule packages, AM-27-94 and AM-9-95, were published in the (Wisconsin) 
Register in April 1995, No. 472, and became effective May 1, 1995. AM-
27-94 modifies Chapter NR, Sections 400.02(39m), 404.05, 405.02, 405.07, 
405.08, 405.10, 405.14, and 484.04 of the WAC. AM-9-95 modifies Chapter 
NR, Sections 30.03, 30.04, 400 Note, 400.02, 400.03, 401.04, 404.06, 
405.01, 405.02, 405.04, 405.05, 405.07, 405.08, 405.10, 406, 407, 408, 
409, 411, 415, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 429, 
436, 438, 439, 447, 448, 449, 484, 485, 488, 493, and 499 of the WAC.
    (99) On February 26, 1999, the State of Wisconsin submitted a site-
specific revision to the sulfur dioxide (SO2) SIP for Murphy 
Oil USA located in Superior (Douglas County), Wisconsin. This SIP 
revision was submitted in response to a January 1, 1985, request for an 
alternate SO2 emission limitation by Murphy Oil, in 
accordance with the procedures of Wisconsin State Rule NR 417.07(5) for 
obtaining alternate emission limits, as was approved by EPA in paragraph 
(c)(63) of this section.
    (i) Incorporation by reference.
    (A) Air Pollution Control Operation Permit No. 95-SDD-120-OP, issued 
by the Wisconsin Department of Natural Resources (WDNR) to Murphy Oil 
USA on February 17, 1999.
    (ii) Additional material.
    (A) Analysis and Preliminary Determination for the Proposed 
Operation Permit for the Operation of Process Heaters and Processes 
Emitting Sulfur Dioxide for Murphy Oil, performed by the WDNR on 
September 18, 1998. This document contains a source description, 
analysis of the alternate emission limitation request, and an air 
quality review, which includes the results of an air quality modeling 
analysis demonstrating modeled attainment of the SO2 NAAQS 
using the alternate emission limit for Murphy Oil.
    (100) On October 30, 1998, Wisconsin submitted a source-specific 
State Implementation Plan revision for Uniroyal Engineered Products, 
Inc., located in Stoughton, Wisconsin. The State supplemented the 
original submittal with Consent Order Number AM-99-900 on February 17, 
2000. This source-specific variance relaxes volatile organic compound 
reasonably available control technology requirements for Uniroyal.
    (i) Incorporation by reference.
    (A) Consent Order Number AM-99-900, issued by the Wisconsin 
Department of Natural Resources to Uniroyal Engineered Products on 
February 17, 2000.
    (101) On November 15, 1992, the state of Wisconsin submitted a 
revision to the Wisconsin State Implementation Plan for ozone 
establishing an enhanced motor vehicle inspection and maintenance 
program in Southeast Wisconsin. The state made several supplements to 
the original plan, dated January 15, 1993, November 15, 1993, July 28, 
1994, February 13, 1996, July 3, 1997, August 11, 1998, December 30, 
1998, December 22, 2000, and July 27, 2001. This revision included 
Wisconsin statutes providing authorities for implementing the program, 
Wisconsin Administrative Rules, the contract between the state of 
Wisconsin and the

[[Page 1090]]

vehicle testing contractor, schedules for implementation, and technical 
materials related to test equipment specifications, reports, and quality 
assurance procedures.
    (i) Incorporation by reference.
    (A) Wisconsin Statutes, Section 110.20, effective January 1, 1996, 
Section 285.30, effective January 1, 1997.
    (B) Wisconsin Administrative Code, Chapter NR 485, effective 
February 1, 2001.
    (C) Wisconsin Administrative Code, Chapter TRANS 131, effective June 
1, 2001.
    (102) On February 9, 2001 the Wisconsin Department of Natural 
Resources submitted a site specific SIP revision in the form of a 
February 5, 2001 Environmental Cooperative Agreement for incorporation 
into the federally enforceable State Implementation Plan. The 
Cooperative Agreement establishes an exemption for pre-construction 
permitting activities for certain physical changes or changes in the 
method of operation at the Wisconsin Electric Power Company, Pleasant 
Prairie Power Plant located at 8000 95th Street, Pleasant Prairie, 
Wisconsin. This Environmental Cooperative Agreement expires on February 
4, 2006.
    (i) Incorporation by reference.
    The following provisions of the Environmental Cooperative Agreement 
between the Wisconsin Electric Power Company and the Wisconsin 
Department of Natural Resources signed on February 5, 2001: The 
provisions in Section XII.C. Permit Streamlining concerning Construction 
Permit Exemption for Minor Physical or Operational Changes. These 
provisions establish a construction permit exemption for minor physical 
or operational changes at the Wisconsin Electric Power Company Pleasant 
Prairie Power Plant. This Environmental Cooperative Agreement expires on 
February 4, 2006.
    (103) On December 27, 2000, Wisconsin submitted a one-hour ozone 
attainment demonstration plan as a revision to the Wisconsin State 
Implementation Plan (SIP). Supplements to the December 27, 2001 plan 
were submitted on May 28, 2001, June 6, 2001, and August 29, 2001.
    (i) Incorporation by reference.
    (A) NR 400.02 as published in the (Wisconsin) Register, January 15, 
2001, No. 541 and effective February 1, 2001.
    (B) NR 422.02 as published in the (Wisconsin) Register, August 2001, 
No. 548 and effective September 1, 2001.
    (C) NR 422.04 as published in the (Wisconsin) Register, August 2001, 
No. 548 and effective September 1, 2001.
    (D) NR 422.083 as published in the (Wisconsin) Register, August 
2001, No. 548 and effective September 1, 2001.
    (E) NR 422.135 as published in the (Wisconsin) Register, August 
2001, No. 548 and effective September 1, 2001.
    (F) NR 423.02 as published in the (Wisconsin) Register, January 15, 
2001, No. 541 and effective February 1, 2001.
    (G) NR 423.035 as published in the (Wisconsin) Register, January 15, 
2001, No. 541 and effective February 1, 2001.
    (H) NR 428.01 as published in the (Wisconsin) Register, January 15, 
2001, No. 541 and effective February 1, 2001.
    (I) NR 428.02 as published in the (Wisconsin) Register, January 15, 
2001, No. 541 and effective February 1, 2001.
    (J) NR 428.04 as published in the (Wisconsin) Register, January 15, 
2001, No. 541 and effective February 1, 2001.
    (K) NR 428.05 as published in the (Wisconsin) Register, January 15, 
2001, No. 541 and effective February 1, 2001.
    (L) NR 428.07 as published in the (Wisconsin) Register, January 15, 
2001, No. 541 and effective February 1, 2001.
    (M) NR 428.08 as published in the (Wisconsin) Register, January 15, 
2001, No. 541 and effective February 1, 2001.
    (N) NR 428.09 as published in the (Wisconsin) Register, January 15, 
2001, No. 541 and effective February 1, 2001.
    (O) NR 428.10 as published in the (Wisconsin) Register, January 15, 
2001, No. 541 and effective February 1, 2001.
    (P) NR 428.11 as published in the (Wisconsin) Register, January 15, 
2001, No. 541 and effective February 1, 2001.
    (Q) NR 439.04(5)(a) as published in the (Wisconsin) Register, August 
2001, No. 548 and effective September 1, 2001.
    (R) NR 439.096 as published in the (Wisconsin) Register, January 15, 
2001, No. 541 and effective February 1, 2001.
    (S) NR 484.04 as published in the (Wisconsin) Register, August 2001, 
No. 548 and effective September 1, 2001.
    (T) A Consent Order, No. AM-00-01, signed and effective September 7, 
2000.

[[Page 1091]]

The Order, issued by the Wisconsin Department of Natural Resources, 
establishes Reasonably Available Control Requirements for ink 
manufacturing operations at Flint Ink, located in Milwaukee.
    (ii) Additional material.
    (A) A letter from Lloyd Eagan, to Cheryl Newton dated May 28, 2001, 
providing clarifications and a commitment relative to the state's one-
hour ozone SIP revision submittal.
    (B) A letter and attachments from Lloyd Eagan to David Ullrich, 
dated June 6, 2001 providing supplemental information for the state's 
reasonably available control measures analysis.
    (104) A revision to the Wisconsin State Implementation Plan for 
ozone was submitted on February 1, 2001. It contained revisions to the 
state's regulations that control volatile organic compound emissions 
from automobile refinishing operations. A portion of these regulations 
were renumbered and submitted on July 21, 2001.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative code are incorporated by reference.
    (A) NR 406.04 as published in the (Wisconsin) Register January, 
2001, No. 541, effective February 1, 2001.
    (B) NR 407.03 as published in the (Wisconsin) Register January, 
2001, No. 541, effective February 1, 2001.
    (C) NR 419.02 as published in the (Wisconsin) Register January, 
2001, No. 541, effective February 1, 2001.
    (D) NR 422.095 as published in the (Wisconsin) Register August, 
2001, No. 548, effective September 1, 2001.
    (E) NR 484.10 as published in the (Wisconsin) Register January, 
2001, No. 541, effective February 1, 2001.
    (105) On November 17, 2000, WDNR submitted a request to redesignate 
the villages of Rothschild and Weston and the Township of Rib Mountain, 
all located in central Marathon County, Wisconsin from primary and 
secondary SO2 nonattainment areas to attainment of the 
SO2 NAAQS. EPA identified modeling and enforceability issues 
during the technical review of this submittal. On October 17, 2001, WDNR 
sent to EPA a supplemental submittal addressing the technical 
deficiencies.
    (i) Incorporation by reference.
    (A) A Consent Order identified as AM-01-600 for Weyerhaeuser 
Company, issued by WDNR and signed by Scott Mosher for the Weyerhaeuser 
Company on May 29, 2001, and Jon Heinrich for WDNR on August 16, 2001.
    (B) A Consent Order identified as AM-01-601 for Wisconsin Public 
Service Corporation's Weston Plant, signed by David W. Harpole for the 
Wisconsin Public Service Corporation on July 12, 2001, and Jon Heinrich 
for WDNR on August 16, 2001.
    (106) Wisconsin submitted a revision to its State Implementation 
Plan for ozone on December 22, 2000. The rule requires major stationary 
sources of volatile organic compounds in the Milwaukee nonattainment 
area to pay a fee to the state if the area fails to attain the one-hour 
national ambient air quality standard for ozone by 2007.
    (i) Incorporation by reference. The following section of the 
Wisconsin Administrative code is incorporated by reference: NR 410.06 as 
created and published in the (Wisconsin) Register January, 2001, No. 
541, effective February 1, 2001.
    (107) On June 12, 2002, the Wisconsin Department of Natural 
Resources submitted a site specific revision to its SIP for emissions 
from Northern Engraving Corporation's Holmen and Sparta facilities in 
the form of a Environmental Cooperative Agreement for incorporation into 
the federally enforceable State Implementation Plan. It consists of 
portions of the Environmental Cooperative Agreement which supersede 
portions of rules in the State Implementation Plan. The Cooperative 
Agreement establishes an exemption for pre-construction permitting 
activities for certain physical changes or changes in the method of 
operation at the Northern Engraving Corporation's Holmen and Sparta 
facilities.
    (i) Incorporation by reference.
    (A) The following provisions of the Environmental Cooperative 
Agreement between Northern Engraving Corporation (NEC) and the Wisconsin 
Department of Natural Resources signed on June 10, 2002: Section XI of 
the Environmental Cooperative Agreement (Operational Flexibility and 
Variances) and Part IA. of Appendix C.3: Specific

[[Page 1092]]

Permit Conditions under the Environmental Cooperative Agreement for 
NEC's Sparta facility.
    (108) On December 16, 2002, Lloyd L. Eagan, Director, Wisconsin 
Department of Natural Resources, submitted revised rules to allow use of 
NOX emissions averaging for sources subject to NOX 
emission limits in the Milwaukee-Racine area. The revised rules also 
establish a NOX emissions cap for sources that participate in 
emissions averaging, consistent with the emissions modeled in 
Wisconsin's approved one-hour ozone attainment demonstration for the 
Milwaukee-Racine area. The rule revision also creates a new categorical 
emissions limit for new integrated gasification combined cycle units.
    (i) Incorporation by reference.
    (A) NR 428.02(6m) as published in the (Wisconsin) Register, November 
2002, No. 563 and effective December 2, 2002.
    (B) NR 428.04(2)(g)(3) as published in the (Wisconsin) Register, 
November 2002, No. 563 and effective December 2, 2002.
    (C) NR 428.06 as published in the (Wisconsin) Register, November 
2002, No. 563 and effective December 2, 2002.
    (109) On October 7, 2002, the Wisconsin Department of Natural 
Resources submitted a State Implementation Plan (SIP) revision for the 
control of emissions of particulate matter (PM) in the state of 
Wisconsin. This revision will allow certain state designated 
nonattainment areas for total suspended particulates (TSP) to be 
redesignated to attainment while retaining the emission limits and 
control requirements which helped lower PM concentrations in those 
areas. Specifically, EPA is approving into the PM SIP certain provisions 
to chapter NR 415, Wisconsin Administrative Code, and repealing sections 
NR 415.04(5), NR 415.05(5) and NR 415.06(5).
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference.
    (A) NR 415.035 as created and published in the (Wisconsin) Register, 
October 2001, No. 550, effective November 1, 2001.
    (B) NR 415.04(2)(intro.), NR 415.04(3)(intro.), NR 415.04(3)(a), NR 
415.04(4)(intro.), NR 415.04(4)(b), NR 415.05(3)(intro.), NR 
415.06(3)(intro.), NR 415.06(4), and NR 415.075(3)(intro.) as amended 
and published in the (Wisconsin) Register, October 2001, No. 550, 
effective November 1, 2001.
    (110) On June 27, 2003, the Wisconsin Department of Natural 
Resources (WDNR) submitted a site specific revision to its state 
implementation plan for emissions from Northern Engraving Corporation's 
(Northern Engraving) Galesville and West Salem facilities in the form of 
operating permit conditions, based upon an Environmental Cooperative 
Agreement reached between WDNR and Northern Engraving for incorporation 
into the federally enforceable State Implementation Plan (SIP). An 
exemption for pre-construction permitting activities for certain 
physical changes or changes in the method of operation at the Northern 
Engraving Corporation's Galesville and West Salem facilities is 
established. Specific permit conditions for these two facilities are 
incorporated by reference in the SIP.
    (i) Incorporation by reference.
    (A) Specific Permit Conditions under the Environmental Cooperative 
Agreement for Northern Engraving Corporation's (NEC) Galesville facility 
contained in Part I.A. of Wisconsin Air Pollution Control Operation 
Permit NO. 662008930-F02 issued April 26, 2002 to NEC, 1200 West Gale 
Avenue, Galesville, Trempeauleau County, Wisconsin. This permit expires 
April 26, 2007.
    (B) Specific Permit Conditions under the Environmental Cooperative 
Agreement for Northern Engraving Corporation's (NEC) West Salem facility 
contained in Part I.A. of Wisconsin Air Pollution Control Operation 
Permit NO. 632024800-F01 issued June 23, 2003 to NEC, 600 Brickl Road, 
West Salem, La Cross County, Wisconsin. This permit expires June 23, 
2008.
    (111) On May 25, 2004, Lloyd L. Eagan, Director, Wisconsin 
Department of Natural Resources, submitted a revision to its rule for 
control of nitrogen oxide (NOX) emissions as a revision to 
the Wisconsin State Implementation Plan. The revision modifies language 
to clarify which sources are eligible to

[[Page 1093]]

participate in the NOX emission averaging program to 
demonstrate compliance as part of the one-hour ozone attainment plan 
approved by EPA for the Milwaukee-Racine and Sheboygan ozone 
nonattainment areas (Kenosha, Manitowoc, Milwaukee, Ozaukee, Racine, 
Sheboygan, Washington, and Waukesha counties). The rule revision also 
creates a separate limit for new combustion turbines burning 
biologically derived gaseous fuels. The new NOX categorical 
limit for newly installed combustion turbines burning biologically 
derived fuel applies only to new sources located in Kenosha, Milwaukee, 
Ozaukee, Racine, Washington, and Waukesha counties in southeastern 
Wisconsin.
    (i) Incorporation by reference. Wisconsin rules NR 428.02(1)and 
(1m); NR 428.04(2)(g)(1); NR 428.04(2)(g)(4); and NR 428.06(2)(a) as 
published in the (Wisconsin) Register, December 2003, No.576 and 
effective January 1, 2004.
    (112) On May 18, 2005, Wisconsin Department of Natural Resources 
submitted a source specific State Implementation Plan revision. 
Serigraph, Inc. in Washington County is seeking to use an alternative 
volatile organic compounds control device. Serigraph, Inc. will use a 
biofilter to control volatile organic compound emissions from sources in 
its Plant 2. This is considered an equivalent control system under 
section NR 422.04(2)(d) of the Wisconsin Administrative Code because it 
will reliably control emissions at or below the level of the applicable 
emission limits, Wisconsin Administrative Code section NR 422.145.
    (i) Incorporation by reference. Department of Natural Resources 
Findings of Fact, Conclusions of Law, and Decision AM-04-200 dated 
November 24, 2004.
    (113) Approval--On July 28, 2005, Wisconsin submitted General and 
Registration construction and operation permitting programs for EPA 
approval into the Wisconsin SIP. EPA also is approving these programs 
under section 112(l) of the Act. EPA has determined that these 
permitting programs are approvable under the Act, with the exception of 
sections NR 406.11(1)(g)(2), 407.105(7), and 407.15(8)(b), which 
Wisconsin withdrew from consideration on November 14, 2005. Finally, EPA 
is removing from the state SIP NR 406.04(1)(c) and 407.03(1)(c), the 
exemption for certain grain storage and processing facilities from 
needing to obtain a construction or operation permit, previously 
approved in paragraphs (c)(75) and (c)(76) of this section.
    (i) Incorporation by reference.
    (A) NR 406.02(1) through (4), amended and published in the 
(Wisconsin) Register, August 2005, No. 596, effective September 1, 2005.
    (B) NR 406.04(1) (ce), (cm) and (m) (intro.), 406.11(1) (intro.) and 
(c), 407.03(1) (ce) and (cm), 407.05(7), 407.15 (intro.) and (3), 
410.03(1)(a)(5), and 484.05(1) as amended and published in the 
(Wisconsin) Register, August 2005, No. 596, effective September 1, 2005.
    (C) NR 407.02(3) and 407.10 as repealed, recreated and published in 
the (Wisconsin) Register, August 2005, No. 596 effective September 1, 
2005.
    (D) NR 400.02(73m) and (131m), 406.02(1) and (2), 406.04(2m), 
406.11(1)(g)(1), 406.11(3), 406.16, 406.17, 406.18, 407.02(3m), 407.105 
(1) through (6), 407.107, 407.14 Note, 407.14(4)(c), 407.15(8)(a), and 
410.03(1)(a)(6) and (7) as created and published in the (Wisconsin) 
Register, August 2005, No. 596, effective September 1, 2005.
    (114) On April 11, 2006, Wisconsin submitted revised regulations 
that match 40 CFR 51.100(s)(1), as amended at 69 FR 69298. As a result, 
the compounds, 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane, 3-ethoxy-
1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl)hexane, 
1,1,1,2,3,3,3-heptafluoropropane, and methyl formate, are added to the 
list of ``nonphotochemically reactive hydrocarbons'' or ``negligibly 
photochemically reactive compounds'' in NR 400.02(162)(a)45. to 48. 
Companies producing or using the four compounds will no longer need to 
follow the VOC rules for these compounds. Section NR 400.02(162)(b) was 
added for the compound t-butyl acetate. It is not considered a VOC for 
emission limits and content requirements. T-butyl acetate will still be 
considered a VOC for the recordkeeping, emissions reporting, and 
inventory requirements. Wisconsin also added and modified sections of NR 
424.05, its VOC control requirements for

[[Page 1094]]

yeast manufacturing facilities. Wisconsin's requirements are the same as 
the federal requirements in the national emission standards for 
hazardous air pollutants for nutritional yeast manufacturing.
    (i) Incorporation by reference.
    (A) Wisconsin Administrative Code Sec. NR 400: Air Pollution 
Control Definitions, Section 2: Definitions, Subsection 162: ``Volatile 
organic compound,'' and Sec. NR 424: Control of Organic Compound 
Emissions from Process Lines, Section 5: Yeast Manufacturing, Subsection 
2: Emission Limitations, and Subsection 5: Test Methods and Procedures. 
The regulations were effective on January 1, 2006.
    (115) On April 25, 2006, Wisconsin submitted source specific SIP 
revision to revise its State Implementation Plan (SIP) for the control 
of volatile organic compounds (VOC) from synthetic resin manufacturing 
operations. The revision consists of language contained in an 
Administrative Decision (AM-05-200), dated February 24, 2005, approving 
the use of a high efficiency thermal oxidizer as an equivalent control 
system or approach to meet VOC RACT emission control requirements for 
Cook Composites and Polymers Company located in Saukville, Wisconsin, in 
Ozaukee County.
    (i) Incorporation by reference.
    (A) The Administrative Decision (AM-05-200), dated February 24, 
2005, issued by the Wisconsin Department of Natural Resources, 
establishes VOC RACT for Cook Composites and Polymers Company synthetic 
resin manufacturing facility located in Saukville, Wisconsin, in Ozaukee 
County.
    (116) A revision to the State Implementation Plan (SIP) was 
submitted by the Wisconsin Department of Natural Resources on June 19, 
2007. This revision consists of regulations to meet the requirements of 
the Clean Air Interstate Rule.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference: NR 432.01 
``Applicability; purpose''; NR 432.02 ``Definitions''; NR 432.03 ``CAIR 
NOX allowance allocation''; NR 432.05 ``CAIR NOX 
ozone season allowance allocation''; NR 432.06 ``Timing requirements for 
allocations of CAIR NOX allowances and CAIR NOX 
ozone season allowances''; and NR 432.07 ``CAIR renewable units'', as 
created and published in the (Wisconsin) Register, July, 2007, No. 619, 
effective August 1, 2007.
    (117) On May 1, 2007, Wisconsin submitted for EPA approval into the 
Wisconsin SIP a revision to renumber and amend NR 406.03, to amend NR 
410.03(intro.) and to create NR 406.03(2) and NR 410.03(l)(bm) Wis. 
Admin. Code, effective June 1, 2007. This revision allows WDNR to issue 
a waiver to a source allowing it to commence construction prior to a 
construction permit being issued. This provision is only allowed for 
minor sources which meet specific criteria. These revisions also revise 
Wisconsin's fee provisions to allow a fee to be charged for the waiver. 
EPA has determined that this revision is approvable under the Act.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference:
    (A) NR 406.03 as published in the (Wisconsin) Register, May 2007, 
No. 617, effective June 1, 2007.
    (B) NR 410.03(intro.) and NR 410.03(l)(bm) as published in the 
(Wisconsin) Register, May 2007, No. 617, effective June 1, 2007.
    (118) On March 28, 2008, Wisconsin submitted for EPA approval into 
the Wisconsin SIP a revision to repeal NR 407.02(6)(b)4 to 7; to 
renumber NR 400.02(162)(a)49; to amend NR 406.04(2m)(b), 406.15(3)(a), 
407.02(4)(b)27, 407.10(4)(a)2, and 410.03(4); to create NR 
400.02(162)(a)49, 406.04(2m)(b)(note), 407.02(3e), and 
407.10(4)(a)2(note), Wis. Admin. Code, effective May 1, 2008. These 
revisions revise Wisconsin's rules to incorporate Federal regulations 
into the Wisconsin Administrative Code, to clarify construction permit 
requirements under general permits, revise portable source relocation 
requirements, and to amend rule language to streamline the minor 
revision permit process to allow construction permits to be issued 
concurrently with operation permits. EPA has determined that this 
revision is approvable under the Act.

[[Page 1095]]

    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference:
    (A) NR 400.02 Definitions. NR 400.02(162)(a)49 and NR 
400.02(162)(a)50, as published in the Wisconsin Administrative Register, 
April 30, 2008, No. 628, effective May 1, 2008.
    (B) NR 406.04 Direct sources exempt from construction permit 
requirements. NR 406.04(2m)(b) and NR 406.04(2m)(b)(note), as published 
in the Wisconsin Administrative Register, April 30, 2008, No. 628, 
effective May 1, 2008.
    (C) NR 406.15 Relocation of portable sources. NR 406.15(3)(a), as 
published in the Wisconsin Administrative Register, April 30, 2008, No. 
628, effective May 1, 2008.
    (D) NR 407.02 Definitions. NR 407.02(3e), and NR 407.02(4)(b)27, as 
published in the Wisconsin Administrative Register, April 30, 2008, No. 
628, effective May 1, 2008.
    (E) NR 407.10 General operation permits. NR 407.10(4)(a)2 and NR 
407.10(4)(a)2(note), as published in the Wisconsin Administrative 
Register, April 30, 2008, No. 628, effective May 1, 2008.
    (F) NR 410.03 Application fee. NR 410.03(4), as published in the 
Wisconsin Administrative Register, April 30, 2008, No. 628, effective 
May 1, 2008.
    (119) On May 25, 2006, Wisconsin submitted for EPA approval into the 
Wisconsin SIP a revision relating to changes to chs. NR 405 and 408 for 
incorporation of Federal changes to the air permitting program. The rule 
revision being approved in this action has been created to approve rule 
AM-06-04, the NSR Reform provisions that were not vacated by the DC 
Circuit Court in New York v. EPA, 413 F.3d 3 (DC Cir. 2005). The rule 
revision also repeals NR 405.02(1)(d), (24m), (27)(a)8., 17 and 18 and 
408.02(27). EPA has determined that this revision is approvable under 
the Clean Air Act.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference:
    (A) NR 405.01 Applicability; purpose. NR 405.01(1) and (2), as 
published in the Wisconsin Administrative Register, June 30, 2007, No. 
618, effective July 1, 2007.
    (B) NR 405.02 Definitions. NR 405.02(1), (2m), (8), (11), (11c), 
(11e), (11j), (12), (20m), (21), (24), (24j), (25b), (25d), (25e), 
(25f), (25i), and (27m) as published in the Wisconsin Administrative 
Register, June 30, 2007, No. 618, effective July 1, 2007.
    (C) NR 405.025 Methods for calculation of increases in actual 
emissions, as published in the Wisconsin Administrative Register, June 
30, 2007, No. 618, effective July 1, 2007.
    (D) NR 405.16 Source obligation. NR 405.16(3) and (4) as published 
in the Wisconsin Administrative Register, June 30, 2007, No. 618, 
effective July 1, 2007.
    (E) NR 405.18 Plant-wide applicability limitations (PALs), as 
published in the Wisconsin Administrative Register, June 30, 2007, No. 
618, effective July 1, 2007.
    (F) NR 408.02 Definitions. NR 408.02(1), (2m), (4), (5), (11), 
(11e), (11m), (11s), (13), (13m), (20), (21)(a)1.(intro), (23), (24m), 
(25s), (28e), (28j), (28m), (28s), (29m), and (32m) as published in the 
Wisconsin Administrative Register, June 30, 2007, No. 618, effective 
July 1, 2007.
    (G) NR 408.025 Methods for calculation of increases in actual 
emissions, as published in the Wisconsin Administrative Register, June 
30, 2007, No. 618, effective July 1, 2007.
    (H) NR 408.06 Emissions offsets. NR 408.06(10), as published in the 
Wisconsin Administrative Register, June 30, 2007, No. 618, effective 
July 1, 2007.
    (I) NR 408.10 Source obligation. NR 408.10(5) and (6), as published 
in the Wisconsin Administrative Register, June 30, 2007, No. 618, 
effective July 1, 2007.
    (J) NR 408.11 Plant-wide applicability limitations (PALs), as 
published in the Wisconsin Administrative Register, June 30, 2007, No. 
618, effective July 1, 2007.
    (ii) Additional material.
    (A) NR 484.04 Code of federal regulations appendices. NR 484.04(21), 
and (27m) as published in the Wisconsin Administrative Register, June 
30, 2007, No. 618, effective July 1, 2007.
    (120) On May 25, 2006, Wisconsin submitted for EPA approval into the 
Wisconsin SIP a revision to renumber and

[[Page 1096]]

amend NR 410.03(1)(b); to amend 410.03(intro.) and to create NR 406.035, 
406.04(1f) and (1k), 406.07(3), 406.11(1m), 410.03(1)(a)8. to 10. and 
(b)(intro.) and 2. to 4. relating to changes to chs. NR 406 and 410, the 
state air permitting programs, with Federal changes to air permitting 
program and affecting small business. The rule revision being approved 
in this action has been created to update Wisconsin's minor NSR 
construction permit program to include changes to implement some of the 
new elements of the Federal NSR Reform rules for sources that meet 
certain requirements within the new major NSR permitting requirements. 
EPA has determined that this revision is approvable under the Act.
    (i) Incorporation by reference. The following sections of the 
Wisconsin Administrative Code are incorporated by reference:
    (A) NR 406.035 Establishment or distribution of plant-wide 
applicability limitations, as published in the Wisconsin Administrative 
Register, June 30, 2007, No. 618, effective July 1, 2007.
    (B) NR 406.04 Direct sources exempt from construction permit 
requirements. NR 406.04(1f) and NR 406.04(1k), as published in the 
Wisconsin Administrative Register, June 30, 2007, No. 618, effective 
July 1, 2007.
    (C) NR 406.07 Scope of permit exemption. NR 406.07(3), as published 
in the Wisconsin Administrative Register, June 30, 2007, No. 618, 
effective July 1, 2007.
    (D) NR 406.11 Construction permit revision, suspension and 
revocation. NR 406.11(1m), as published in the Wisconsin Administrative 
Register, June 30, 2007, No. 618, effective July 1, 2007.
    (E) NR 410.03 Application fee. NR 410.03(intro.), NR 410.03(1)(a) 8 
to 10, NR 410.03(1)(b), as published in the Wisconsin Administrative 
Register, June 30, 2007, No. 618, effective July 1, 2007.

[37 FR 10902, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2570, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.2571  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Duluth (Minnesota)-Superior (Wisconsin) Interstate........           I         II       III       III        III
North Central Wisconsin Intrastate........................          II        III       III       III        III
Lake Michigan Intrastate..................................          II        III       III       III        III
Southeast Minnesota-La Crosse (Wisconsin) Interstate......          II         IA       III       III        III
Southern Wisconsin Intrastate.............................          II        III       III       III        III
Southeastern Wisconsin Intrastate.........................           I         II       III       III          I
Rockford (Illinois)-Jamesville-Beloit (Wisconsin)                   II        III       III       III        III
 Interstate...............................................
Metropolitan Dubuque Interstate...........................           I        III       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10902, May 31, 1972, as amended at 39 FR 16348, May 8, 1974; 45 
FR 2322, Jan. 11, 1980]



Sec. 52.2572  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Wisconsin's plans for the attainment and maintenance of the 
National Ambient Air Quality Standards under section 110 of the Clean 
Air Act. Furthermore, the Administrator findsthe plans satisfy all 
requirements of Part D, Title I, of the Clean Air Act as amended in 
1977, except as noted below. In addition, continued satisfaction of the 
requirements of Part D for the Ozone portion of the State Implementation 
Plan depends on the adoption and submittal of RACT requirements on: (1) 
Group III Control Techniques Guideline sources within 1 year after 
January 1st following the issuance of each Group III control technique 
guideline; and (2)

[[Page 1097]]

major (actual emissions equal or greater than 100 tons VOC per year) 
non-control technique guideline sources in accordance with the State's 
schedule contained in the 1982 Ozone SIP revision for Southeastern 
Wisconsin.

[49 FR 8923, Mar. 9, 1984]



Sec. 52.2573  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the plan does not provide for public availability of emission 
data.
    (b) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the Agency responsible for 
making emission data available to the public, as specified in the 
applicable plan, concerning emissions from any source subject to 
emission limitations which are part of the approved plan may request 
that the appropriate Regional Administrator obtain and make public such 
data. Within 30 days after receipt of any such written request, the 
Regional Administrator shall require the owner or operator of any such 
source to submit information within 30 days on the nature and amounts of 
emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the applicable plan.
    (2) Commencing after the initial notification by the Regional 
Administrator pursuant to paragraph (b)(1) of this section, the owner or 
operator of the source shall maintain records of the nature and amounts 
of emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the plan. The information recorded shall be 
summarized and reported to the Regional Administrator, on forms 
furnished by the Regional Administrator, and shall be submitted within 
45 days after the end of the reporting period. Reporting periods are 
January 1-June 30 and July 1-December 31.
    (3) Information recorded by the owner or operator and copies of this 
summarizing report submitted to the Regional Administrator shall be 
retained by the owner or operator for 2 years after the date on which 
the pertinent report is submitted.
    (4) Emission data obtained from owners or operators of stationary 
sources will be correlated with applicable emission limitations and 
other control measures that are part of the applicable plan and will be 
available at the appropriate regional office and at other locations in 
the state designated by the Regional Administrator.

[37 FR 10902, May 31, 1972, as amended at 40 FR 55334, Nov. 28, 1975; 51 
FR 40676, Nov. 7, 1986]



Sec. 52.2574  Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met 
since section 144.33 of the Wisconsin Air Law will preclude the release 
of emission data in certain situations.

[37 FR 10902, May 31, 1972, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. 52.2575  Control strategy: Sulfur dioxide.

    (a) Part D--Approval--With the exceptions set forth in this subpart, 
the Administrator approved the Wisconsin sulfur dioxide control plan.
    (1) Part D--No action--USEPA takes no action on the Wisconsin sulfur 
dioxide rules NR 154.12 (1), (2) and (3).
    (b) Sulfur dioxide maintenance plan.
    (1) An SO2 maintenance plan was submitted by the State of 
Wisconsin on June 9, 1992, for the City of Madison, Dane County.
    (2) An SO2 maintenance plan was submitted by the State of 
Wisconsin on June 12, 1992, for the City of Milwaukee, Milwaukee County.
    (3) An SO2 maintenance plan was submitted by the State of 
Wisconsin on November 5, 1999, for the City of Rhinelander, Oneida 
County.
    (4) An SO2 maintenance plan was submitted by the State of 
Wisconsin on November 17, 2000, for the villages of

[[Page 1098]]

Rothschild and Weston and the Township of Rib Mountain, all located in 
central Marathon County.

[46 FR 21168, Apr. 9, 1981, as amended at 58 FR 29786 and 29790, May 24, 
1993; 65 FR 68904, Nov. 15, 2000; 67 FR 37331, May 29, 2002]



Sec. 52.2576  [Reserved]



Sec. 52.2577  Attainment dates for national standards.

    The following table presents the latest dates by which the national 
standards are to be attained. The dates reflect the information 
presented in Wisconsin's plan, except where noted.

----------------------------------------------------------------------------------------------------------------
                                                                   Pollutant
                              ----------------------------------------------------------------------------------
  Air Quality Control Region              TSP                       SO2
                              ----------------------------------------------------    NO2        CO        O3
                                Primary     Secondary     Primary     Secondary
----------------------------------------------------------------------------------------------------------------
Duluth (Minnesota)-Superior
 (Wisconsin Interstate (AQCR
 129):
    a. Primary/Secondary       a........  f............  b........  a............  c........  c.......  c.
     nonattainment areas.
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.
North Central Wisconsin
 Intrastate (AQCR 238):
    a. Primary/Secondary       b........  f............  d........  c............  c........  c.......  d.
     nonattainment areas.
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.
Lake Michigan Intrastate
 (AQCR 237):
    a. Primary/Secondary       b........  f............  c........  c............  c........  c.......  d.
     nonattainment areas.
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.
Southeast Minnesota-LaCrosse
 (Wisconsin) Interstate (AQCR
 128):
    a. Primary/Secondary       b........  c............  a........  a............  c........  c.......  c.
     nonattainment areas.
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.
Southern Wisconsin Intrastate
 (AQCR 240):
    a. Primary/Secondary       g........  f............  d........  c............  c........  c.......  d.
     nonattainment areas.
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.
Southeastern Wisconsin
 Intrastate (AQCR 239):
    a. Primary/Secondary       d........  d............  b........  a............  c........  e.......  e.
     nonattainment areas.
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.
Rockford (Illinois)-
 Janesville-Beloit
 (Wisconsin) Interstate (AQCR
 73) (Wisconsin portion):
    a. Primary/Secondary       d........  d............  c........  c............  c........  c.......  c.
     nonattainment areas.
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.
Metropolitan Dubuque
 Interstate (AQCR 68):
    a. Primary/Secondary       a........  a............  c........  c............  c........  c.......  c.
     nonattainment areas.
    b. Remainder of AQCR.....  b........  c............  c........  c............  c........  c.......  c.
----------------------------------------------------------------------------------------------------------------
a. July, 1975.
b. Air quality levels presently below primary standard or are unclassifiable.
c. Air quality levels presently below secondary standard or are unclassifiable.
d. December 31, 1982.
e. December 31, 1987.
f. 18-Month extension granted for plan submission and identification of attainment date.
g. No attainment plan was submitted.
Note: Sources subject to the plan requirements and attainment dates established under section 110(a)(2)(A) prior
  to the 1977 Clean Air Act Amendments remain obligated to comply with these requirements by the earlier
  deadlines. The earlier attainment dates are set out at 40 CFR 52.2577(1978).
 
For actual nonattainment designations refer to 40 CFR part 81.
Dates or footnotes which are italicized are prescribed by the Administrator because the plan did not provide a
  specific date or the date provided was not acceptable.


[48 FR 9862, Mar. 9, 1983]

[[Page 1099]]



Sec. 52.2578  Compliance schedules.

    (a) [Reserved]
    (b) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (c) Federal compliance schedules. (1) Except as provided in 
paragraph (c)(3) of this section, the owner or operator of any 
stationary source in the Southeast Wisconsin AQCR subject to the 
following emission limiting regulation in the Wisconsin implementation 
plan shall comply with the applicable compliance schedule in paragraph 
(c)(2) of this section: Wisconsin Air Pollution Control Regulation NR 
154.13.
    (2) (i) Compliance schedules. The owner or operator of any 
stationary source in the Southeast Wisconsin AQCR subject to NR 154.13 
shall notify the Administrator no later than October 1, 1973, of his 
intent either to install necessary control systems per Wisconsin Air 
Pollution Control Regulation NR 154.13(2) or to switch to an exempt 
solvent per Wisconsin Air Pollution Control Regulation NR 154.13(3) to 
comply with the requirements of Wisconsin Air Pollution Control 
Regulation NR 154.13.
    (ii) Any owner or operator of a stationary source subject to 
paragraph (c)(2)(i) of this section who elects to comply with the 
requirements of NR 154.13 by installing a control system shall take the 
following actions with respect to the source no later than the specified 
dates.
    (a) November 1, 1973--Advertise for bids for purchase and/or 
construction of control system or purchase of requisite material for 
process modification sufficient to control hydrocarbon emissions from 
the source.
    (b) December 15, 1973--Award contracts or issued order for purchase 
and/or construction of control system or purchase of requisite material 
for process modification sufficient to control hydrocarbon emissions 
from the source.
    (c) April 15, 1974--Initiate onsite construction or installation of 
control system or process modification.
    (d) November 1, 1974--Complete on-site construction or installation 
of control system or process modification.
    (e) January 1, 1975--Achieve final compliance with Wisconsin Air 
Pollution Control Regulation NR 154.13.
    (iii) Any owner or operator of a stationary source subject to 
paragraph (c)(2)(i) of this section, who elects to comply with the 
requirements of Wisconsin Air Pollution Control Regulation NR 154.13 by 
switching to an exempt solvent, shall take the following actions with 
respect to the source no later than the dates specified.
    (a) April 1, 1974--Begin testing exempt solvents.
    (b) June 1, 1974--Issue purchase orders for exempt solvents.
    (c) December 1, 1974--Convert to complete use of exempt solvent.
    (d) January 1, 1975--Achieve full compliance with Wisconsin Air 
Pollution Control Regulation NR 154.13.
    (iv) Any owner or operator subject to a compliance schedule above 
shall certify to the Administrator, within five days after the deadline 
for each increment of progress in that schedule, whether or not the 
increment has been met.
    (3) (i) None of the above paragraphs shall apply to a source which 
is presently in compliance with applicable regulations and which has 
certified such compliance to the Administrator by October 1, 1973. The 
Administrator may request whatever supporting information he considers 
necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Administrator no later than October 1, 1973, 
a proposed alternative compliance schedule. No such compliance schedule 
may provide for final compliance after the final compliance date in the 
applicable compliance schedule of this paragraph. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.

[[Page 1100]]

    (4) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (c)(2) of this section fails to 
satisfy the requirements of Sec. Sec. 51.261 and 51.262(a) of this 
chapter.
    (d) [Reserved]
    (e) The compliance schedule for the source identified below is 
disapproved as not meeting the requirements of subpart N of this 
chapter. All regulations cited are air pollution control regulations of 
the State, unless otherwise noted.

----------------------------------------------------------------------------------------------------------------
                Source                         Location           Regulation involved     Date schedule adopted
----------------------------------------------------------------------------------------------------------------
                                                 douglas county
----------------------------------------------------------------------------------------------------------------
M&O Elevators Inc. (c) Units 12-17...  Superior...............  NR154.11(4)(b).........  Sept. 25, 1973.
----------------------------------------------------------------------------------------------------------------
                                                 marathon county
----------------------------------------------------------------------------------------------------------------
Mosinee Paper Co.....................  Mosinee................  NR154.11(4), (5).......  May 19, 1973.
----------------------------------------------------------------------------------------------------------------


[38 FR 16170, June 20, 1973, as amended at 38 FR 22752, Aug. 23, 1973; 
38 FR 24832, Sept. 7, 1973; 39 FR 28159, Aug. 5, 1974; 39 FR 32608, 
Sept. 10, 1974; 43 FR 53440, Nov. 16, 1978; 51 FR 40675, 40676, 40677, 
Nov. 7, 1986; 54 FR 25258, June 14, 1989]



Sec. Sec. 52.2579-52.2580  [Reserved]



Sec. 52.2581  Significant deterioration of air quality.

    (a)-(c) [Reserved]
    (d) The requirements of sections 160 through 165 of the Clean Air 
Act are met, except for sources seeking permits to locate in Indian 
country within the State of Wisconsin.
    (e) Regulations for the prevention of the significant deterioration 
of air quality. The provisions of Sec. 52.21 except paragraph (a)(1) 
are hereby incorporated and made a part of the applicable State plan for 
the State of Wisconsin for sources wishing to locate in Indian country; 
and sources constructed under permits issued by EPA.
    (f) Forest County Potawatomi Community Reservation.
    (1) The provisions for prevention of significant deterioration of 
air quality at 40 CFR 52.21 are applicable to the Forest County 
Potawatomi Community Reservation, pursuant to Sec. 52.21(a).
    (2) In accordance with section 164 of the Clean Air Act and the 
provisions of 40 CFR 52.21(g), those parcels of the Forest County 
Potawatomi Community's land 80 acres and over in size which are located 
in Forest County are designated as a Class I area for the purposes of 
prevention of significant deterioration of air quality. For clarity, the 
individual parcels are described below, all consisting of a description 
from the Fourth Principal Meridian, with a baseline that is the 
Illinois-Wisconsin border:
    (i) Section 14 of Township 36 north (T36N), range 13 east (R13E).
    (ii) Section 26 of T36N R13E.
    (iii) The west half (W\1/2\) of the east half (E\1/2\) of Section 27 
of T36N R13E.
    (iv) E\1/2\ of SW\1/4\ of Section 27 of T36N R13E.
    (v) N\1/2\ of N\1/2\ of Section 34 of T36N R13E.
    (vi) S\1/2\ of NW\1/4\ of Section 35 of T36N R13E.
    (vii) Section 36 of T36N R13E.
    (viii) Section 2 of T35N R13E.
    (ix) W\1/2\ of Section 2 of T34N R15E.
    (x) Section 10 of T34N R15E.
    (xi) S\1/2\ of NW\1/4\ of Section 16 of T34N R15E.
    (xii) N\1/2\ of SE\1/4\ of Section 20 of T34N R15E.
    (xiii) NW\1/4\ of Section 28 of T34N R15E.
    (xiv) W\1/2\ of NE\1/4\ of Section 28 of T34N R15E.
    (xv) W\1/2\ of SW\1/4\ of Section 28 of T34N R15E.
    (xvi) W\1/2\ of NE\1/4\ of Section 30 of T34N R15E.
    (xvii) SW\1/4\ of Section 2 of T34N R16E.
    (xviii) W\1/2\ of NE\1/4\ of Section 12 of T34N R16E.
    (xix) SE\1/4\ of Section 12 of T34N R16E.
    (xx) E\1/2\ of SW\1/4\ of Section 12 of T34N R16E.
    (xxi) N\1/2\ of Section 14 of T34N R16E.

[[Page 1101]]

    (xxii) SE\1/4\ of Section 14 of T34N R16E.
    (xxiii) E\1/2\ of Section 16 of T34N R16E.
    (xxiv) NE\1/4\ of Section 20 of T34N R16E.
    (xxv) NE\1/4\ of Section 24 of T34N R16E.
    (xxvi) N\1/2\ of Section 22 of T35N R15E.
    (xxvii) SE\1/4\ of Section 22 of T35N R15E.
    (xxviii) N\1/2\ of SW\1/4\ of Section 24 of T35N R15E.
    (xxix) NW\1/4\ of Section 26 of T35N R15E.
    (xxx) E\1/2\ of Section 28 of T35N R15E.
    (xxxi) E\1/2\ of NW\1/4\ of Section 28 of T35N R15E.
    (xxxii) SW\1/4\ of Section 32 of T35N R15E.
    (xxxiii) E\1/2\ of NW\1/4\ of Section 32 of T35N R15E.
    (xxxiv) W\1/2\ of NE\1/4\ of Section 32 of T35N R15E.
    (xxxv) NW\1/4\ of Section 34 of T35N R15E.
    (xxxvi) N\1/2\ of SW\1/4\ of Section 34 of T35N R15E.
    (xxxvii) W\1/2\ of NE\1/4\ of Section 34 of T35N R15E.
    (xxxviii) E\1/2\ of Section 36 of T35N R15E.
    (xxix) SW\1/4\ of Section 36 of T35N R15E.
    (xl) S\1/2\ of NW\1/4\ of Section 36 of T35N R15E.
    (xli) S\1/2\ of Section 24 of T35N R16E.
    (xlii) N\1/2\ of Section 26 of T35N R16E.
    (xliii) SW\1/4\ of Section 26 of T35N R16E.
    (xliv) W\1/2\ of SE\1/4\ of Section 26 of T35N R16E.
    (xlv) E\1/2\ of SW\1/4\ of Section 30 of T35N R16E.
    (xlvi) W\1/2\ of SE\1/4\ of Section 30 of T35N R16E.
    (xlvii) N\1/2\ of Section 34 of T35N R16E.

[45 FR 52741, Aug. 7, 1980, as amended at 46 FR 9585, Jan. 29, 1981; 64 
FR 28748, May 27, 1999; 68 FR 11324, Mar. 10, 2003; 68 FR 74490, Dec. 
24, 2003; 72 FR 18394, Apr. 12, 2007; 73 FR 23101, May 29, 2008]



Sec. Sec. 52.2582-52.2583  [Reserved]



Sec. 52.2584  Control strategy; Particulate matter.

    (a) Part D--Disapproval--USEPA disapproves Regulation NR 
154.11(7)(b) of Wisconsin Administrative Code (RACT Requirements for 
Coking Operations), which is part of the control strategy to attain and 
maintain the standards for particulate matter, because it does not 
contain an enforceable RACT-level numerical visible emission limitation 
for charging operations.
    (b) Approval--On April 30, 1988 and March 30, 1990, the State of 
Wisconsin submitted committal SIPs for particulate matter with an 
aerodynamic diameter equal to or less than 10 micrometers 
(PM10) for the Group II areas within the Cities of DePere, 
Madison, Milwaukee, Superior, and Waukesha. This committal SIP meets all 
of the requirements identified in the July 1, 1987, promulgation of the 
SIP requirements for PM10.

[48 FR 9862, Mar. 9, 1983, as amended at 55 FR 33120, Aug. 14, 1990]



Sec. 52.2585  Control strategy: Ozone.

    (a) Disapproval--On November 6, 1986, the Wisconsin Department of 
Natural Resources submitted as a proposed revision to the State's ozone 
State Implementation Plan a site-specific reasonably available control 
technology determination for a miscellaneous metal parts and products 
dip coating line. This line is located at the Gehl facility in 
Washington County, Wisconsin. In a May 31, 1988 (53 FR 19806), notice of 
proposed rulemaking, United States Environmental Protection Agency 
proposed to disapprove this site-specific revision to the Wisconsin 
State Implementation Plan for ozone.
    (b) Disapproval--On August 22, 1986, the Wisconsin Department of 
Natural Resources submitted a proposed revision to its ozone State 
Implementation Plan consisting of a site-specific reasonably available 
control technology determination for two miscellaneous metal parts and 
products spray coatings lines. These operations are located at the 
General Electric Company, Medical Systems facility in Milwaukee, 
Wisconsin, an area which has been designated as nonattainment for ozone, 
pursuant to section 107 of the Clean Air Act and 40 Code of Federal 
Regulations, part 81, Sec. 81.350.
    (c) [Reserved]
    (d) Approval--On November 15, 1992, the Wisconsin Department of 
Natural Resources submitted a revision to the ozone State Implementation 
Plan. The

[[Page 1102]]

submittal pertained to the development of a process for assessing 
conformity of any federally-funded transportation and other federally 
funded projects in the nonattainment area.
    (e) Approval--On January 15, 1993, the Wisconsin Department of 
Natural Resources submitted a revision to the ozone State Implementation 
Plan for the 1990 base year inventory. The inventory was submitted by 
the State of Wisconsin to satisfy Federal requirements under section 
182(a)(1) of the Clean Air Act as amended in 1990 (the Act), as a 
revision to the ozone State Implementation Plan (SIP) for all areas in 
Wisconsin designated nonattainment, classified marginal to extreme. 
These areas include counties of Walworth, Door, Kewaunee, Manitowoc, 
Sheboygan, and the six county Milwaukee area (counties of Washington, 
Ozaukee, Waukesha, Milwaukee, Racine, and Kenosha).
    (f) Approval--The Administrator approves the incorporation of the 
photochemical assessment ambient monitoring system submitted by 
Wisconsin on November 15, 1993, into the Wisconsin State Implementation 
Plan. This submittal satisfies 40 CFR 58.20(f) which requires the State 
to provide for the establishment and maintenance of photochemical 
assessment monitoring stations (PAMS).
    (g) Approval--On November 15, 1993, the Wisconsin Department of 
Natural Resources submitted a revision to the ozone State Implementation 
Plan. The submittal pertained to a plan for forecasting VMT in the 
severe ozone nonattainment area of southeastern Wisconsin and 
demonstrated that Transportation Control Measures would not be necessary 
to offset growth in emissions.
    (h) Approval--On November 15, 1993, the Wisconsin Department of 
Natural Resources submitted a revision to the ozone State Implementation 
Plan. The submittal pertained to a plan for forecasting VMT in the 
severe ozone nonattainment area of southeastern Wisconsin and 
demonstrated that Transportation Control Measures would not be necessary 
to meet the 15 percent Rate-of-Progress milestone.
    (i) Approval--EPA is approving the section 182(f) oxides of nitrogen 
(NOX) reasonably available control technology (RACT), new 
source review (NSR), vehicle inspection/maintenance (I/M), and general 
conformity exemptions for the moderate and above ozone nonattainment 
areas within Wisconsin as requested by the States of Illinois, Indiana, 
Michigan, and Wisconsin in a July 13, 1994 submittal. This approval also 
covers the exemption of transportation and general conformity 
requirements of section 176(c) for the Door and Walworth marginal ozone 
nonattainment areas. Approval of these exemptions is contingent on the 
results of the final ozone attainment demonstration expected to be 
submitted in mid-1997. The approval will be modified if the final 
attainment demonstration demonstrates that NOX emission 
controls are needed in any of the nonattainment areas to attain the 
ozone standard in the Lake Michigan Ozone Study modeling domain.
    (j) Approval--On June 14, 1995, the Wisconsin Department of Natural 
Resources submitted a revision to the ozone State Implementation Plan. 
The submittal pertained to a plan for the implementation and enforcement 
of the Federal transportation conformity requirements at the State or 
local level in accordance with 40 CFR part 51, subpart T--Conformity to 
State or Federal Implementation Plans of Transportation Plans, Programs, 
and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the 
Federal Transit Act.
    (k) Approval--On December 15, 1995, and May 15, 1996, the Wisconsin 
Department of Natural Resources submitted requests to redesignate 
Walworth County and Sheboygan and Kewaunee Counties, respectively, from 
nonattainment to attainment for ozone. The State also submitted 
maintenance plans as required by section 175A of the Clean Air Act, 42 
U.S.C. 7505a. Elements of the section 175A maintenance plans include 
attainment emission inventories for NOX and VOC, 
demonstrations of maintenance of the ozone NAAQS with projected emission 
inventories to the year 2007 for NOX and VOC, plans to verify 
continued attainment, and contingency plans. If a violation of the ozone 
NAAQS, determined

[[Page 1103]]

to be caused by local sources is monitored, Wisconsin will implement one 
or more appropriate contingency measure(s) contained in the contingency 
plan. Once a violation of the ozone NAAQS is recorded, the State will 
notify EPA and review the data for quality assurance. A plan to analyze 
the violation, including an analysis of meteorological conditions, will 
be submitted within 60 days to EPA-Region 5 for approval. Within 14 
months of the violation, Wisconsin will complete and public notice the 
analysis and submit it to EPA-Region 5 for review. If the analysis shows 
that local sources caused the violation, Wisconsin will implement the 
contingency measures within 24 months after the violation. The 
contingency measures to be implemented in Walworth County are Stage II 
vapor recovery and non-Control Technology Guideline (non-CTG) Reasonably 
available control technology (RACT) limits. Contingency measures to be 
implemented in either Kewaunee or Sheboygan County are lower major 
source applicability thresholds for industrial sources and new gasoline 
standards which will lower VOC emissions. The redesignation request and 
maintenance plan meet the redesignation requirements in section 
107(d)(3)(E) and 175A of the Act, respectively.
    (l) Wisconsin's November 15, 1994 request for a temporary delay of 
the ozone attainment date for Manitowoc County from 1996 to 2007 and 
suspension of the automatic reclassification of Manitowoc County to 
serious nonattainment for ozone is approved, based on Wisconsin's 
demonstration through photochemical grid modeling that transport from 
upwind areas makes it ``practicably impossible'' for the County to 
attain the ozone National Ambient Air Quality Standard by its original 
attainment date.
    (m) Approval--On July 10, 1996, the Wisconsin Department of Natural 
Resources submitted a revision to the ozone State Implementation Plan. 
The submittal pertained to a request to waive the Oxide of Nitrogen 
requirements for transportation conformity in the Milwaukee and 
Manitowoc ozone nonattainment areas.
    (n) Approval--On September 8, 2000, Wisconsin submitted a revision 
to the ozone maintenance plan for the Walworth County area. The revision 
consists of allocating a portion of the Walworth County area's Volatile 
Organic Compounds (VOC) safety margin to the transportation conformity 
Motor Vehicle Emission Budget (MVEB). The MVEB for transportation 
conformity purposes for the Walworth County area are now: 5.39 tons per 
day of VOC emissions and 7.20 tons per day of oxides of nitrogen 
emissions for the year 2007. This approval only changes the VOC 
transportation conformity MVEB for Walworth County.
    (o) Approval--On December 11, 1997, Wisconsin submitted a post-1996 
Rate Of Progress plan for the Milwaukee-Racine ozone nonattainment area 
as a requested revision to the Wisconsin State Implementation Plan. 
Supplements to the December 11, 1997 plan were submitted on August 5, 
1999, January 31, 2000, March 3, 2000, and February 21, 2001 
establishing the post-1996 ROP plan for the Milwaukee-Racine ozone 
nonattainment area. This plan reduces ozone precursor emissions by 9 
percent from 1990 baseline emissions by November 15, 1999.
    (p) Approval--On December 27, 2000, Wisconsin submitted a one-hour 
ozone attainment demonstration plan as a revision to the Wisconsin State 
Implementation Plan (SIP). Supplements to the December 27, 2001 plan 
were submitted on May 28, 2001, June 6, 2001, and August 29, 2001. This 
plan includes a modeled demonstration of attainment, rules for the 
reduction of ozone precursor emissions, a plan to reduce ozone precursor 
emissions by three percent per year from 2000 to 2007, an analysis of 
reasonably achievable control measures, an analysis of transportation 
conformity budgets, a revision of the waiver for emission of oxides of 
nitrogen, and commitments to conduct a mid-course review of the area's 
attainment status and to use the new MOBILE6 emissions model.
    (q) Approval--On January 28, 2003, the Wisconsin Department of 
Natural Resources submitted a request to redesignate Manitowoc and Door 
Counties to attainment. Additional information was submitted on February 
5, 2003

[[Page 1104]]

and February 27, 2003. As part of the redesignation request, the State 
submitted a maintenance plan as required by section 175A of the Clean 
Air Act, as amended in 1990. Elements of the section 175 maintenance 
plan include a contingency plan and an obligation to submit a subsequent 
maintenance plan revision in 8 years as required by the Clean Air Act. 
The 2013 motor vehicle emission budgets for Door County are 0.74 tons of 
volatile organic compounds (VOC) per day and 1.17 tons of oxides of 
nitrogen (NOX) per day. The 2013 motor vehicle emission 
budgets for Manitowoc County are 1.89 tons of VOC per day and 3.59 tons 
of NOX per day.
    (r) Approval--On January 28, 2003, the Wisconsin Department of 
Natural Resources submitted a 1999 periodic emissions inventory for the 
Milwaukee-Racine area. Additional information was submitted on February 
5, 2003 and February 27, 2003. The inventory meets the requirement of 
section 182(2)(3)(A) of the Clean Air Act as amended in 1990.
    (s) Approval--On January 31, 2003, Wisconsin submitted a revision to 
the ozone attainment plan for the Milwaukee severe ozone area and 
maintenance plan for Sheboygan County. These plans revised 2007 motor 
vehicle emission inventories and 2007 Motor Vehicle Emissions Budgets 
(MVEB) recalculated using the emissions factor model MOBILE6. The plan 
also included a new 2012 projected MVEB for the Sheboygan County. The 
following table outlines the MVEB for transportation conformity purposes 
for the Milwaukee severe ozone area and the Sheboygan ozone maintenance 
area:

                                  2007 and 2012 Motor Vehicle Emissions Budgets
----------------------------------------------------------------------------------------------------------------
                                                               2007                            2012
                      Area                       ---------------------------------------------------------------
                                                    VOC  (tpd)      NOX  (tpd)      VOC  (tpd)      NOX  (tpd)
----------------------------------------------------------------------------------------------------------------
Milwaukee Severe Area...........................           32.20           71.40              na              na
Sheboygan Maintenance...........................            3.24            6.40            1.99           3.97
----------------------------------------------------------------------------------------------------------------
na means not applicable

    (t) Approval--On January 28, 2003, Wisconsin submitted a request to 
update the ozone maintenance plan for Kewaunee County. Additional 
information was submitted on February 5, 2003 and February 27, 2003. As 
part of the request, the state submitted a maintenance plan as required 
by section 175A of the Clean Air Act, as amended in 1990. Elements of 
the section 175 maintenance plan include a contingency plan and Motor 
Vehicle Emissions Budgets (MVEB) for 2007 and 2012. The following table 
outlines the MVEB for transportation conformity purposes for the 
Kewaunee ozone maintenance area.

                Kewaunee Mobile Vehicle Emissions Budgets
                               [Tons/day]
------------------------------------------------------------------------
                          Year                              VOC     NOX
------------------------------------------------------------------------
2007....................................................    0.61    0.97
2012....................................................    0.41    0.63
------------------------------------------------------------------------

    (u) Approval--On June 12, 2007, Wisconsin submitted a request to 
redesignate Kewaunee County to attainment of the 8-hour ozone standard. 
As part of the redesignation request, the State submitted an ozone 
maintenance plan as required by section 175A of the Clean Air Act. Part 
of the section 175A maintenance plan includes a contingency plan. The 
ozone maintenance plan establishes 2012 motor vehicle emissions budgets 
for Kewaunee County of 0.43 tons per day of volatile organic compounds 
(VOC) and 0.80 tons per day of nitrogen oxIdes (NOX) and 2018 
motor vehicle emissions budgets for Kewaunee County of 0.32 tons per day 
of VOCs and 0.47 tons per day of NOX.
    (v) On July 28, 2008, the Wisconsin Department of Natural Resources 
requested that EPA find that the Milwaukee-Racine, WI nonattainment 
area, attained the revoked 1-hour ozone National Ambient Air Quality 
Standard (NAAQS). After review of this submission, EPA approves this 
request.

[54 FR 29557, July 13, 1989]

[[Page 1105]]


    Editorial Note: For Federal Register citations affecting Sec. 
52.2585, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.2586  Small business stationary source technical and 
environmental compliance assistance program.

    The Wisconsin small business stationary source technical and 
environmental compliance assistance program submitted on November 18, 
1992 and January 21, 1993, satisfies the requirements of Section 507 of 
the Clean Air Act.

[59 FR 40826, Aug. 10, 1994]



Sec. 52.2587  Interstate pollutant transport provisions; What are 
the FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the 
State of Wisconsin and for which requirements are set forth under the 
Federal CAIR NOX Annual Trading Program in subparts AA 
through II of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the Wisconsin State Implementation 
Plan (SIP) as meeting the requirements of CAIR for PM2.5 
relating to NOX under Sec. 51.123 of this chapter, except to 
the extent the Administrator's approval is partial or conditional or 
unless such approval is under Sec. 51.123(p) of this chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX allowances to 
sources in the State for any years, the provisions of part 97 of this 
chapter authorizing the Administrator to complete the allocation of CAIR 
NOX allowances for those years shall continue to apply, 
unless the Administrator approves a SIP provision that provides for the 
allocation of the remaining CAIR NOX allowances for those 
years.
    (b)(1) The owner and operator of each NOX source located 
within the State of Wisconsin and for which requirements are set forth 
under the Federal CAIR NOX Ozone Season Trading Program in 
subparts AAAA through IIII of part 97 of this chapter must comply with 
such applicable requirements. The obligation to comply with these 
requirements in part 97 of this chapter will be eliminated by the 
promulgation of an approval by the Administrator of a revision to the 
Wisconsin State Implementation Plan (SIP) as meeting the requirements of 
CAIR for ozone relating to NOX under Sec. 51.123 of this 
chapter, except to the extent the Administrator's approval is partial or 
conditional or unless such approval is under Sec. 51.123(ee) of this 
chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX Ozone Season 
allowances to sources in the State for any years, the provisions of part 
97 of this chapter authorizing the Administrator to complete the 
allocation of CAIR NOX Ozone Season allowances for those 
years shall continue to apply, unless the Administrator approves a SIP 
provision that provides for the allocation of the remaining CAIR 
NOX Ozone Season allowances for those years.

[72 FR 62356, Nov. 2, 2007]



Sec. 52.2588  Interstate pollutant transport provisions; What are 
the FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within 
the State of Wisconsin and for which requirements are set forth under 
the Federal CAIR SO2 Trading Program in subparts AAA through 
III of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an approval 
by the Administrator of a revision to the Wisconsin State Implementation 
Plan as meeting the requirements of CAIR for PM2.5 relating 
to SO2 under Sec. 51.124 of this chapter, except to the 
extent the Administrator's approval is partial or conditional or unless 
such approval is under Sec. 51.124(r) of this chapter.

[72 FR 62357, Nov. 2, 2007]

[[Page 1106]]



Sec. 52.2589  Wisconsin construction permit permanency revision.

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

[71 FR 9936, Feb. 28, 2006]



                           Subpart ZZ_Wyoming



Sec. 52.2620  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan for Wyoming under section 110 of the Clean Air Act, 
42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air quality 
standards or other requirements under the Clean Air Act.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to August 
31, 2006 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 submitted by the state to EPA, and 
notice of any change in the material will be published in the Federal 
Register. Entries for paragraphs (c) and (d) of this section with EPA 
approval dates after August 31, 2006, will be incorporated by reference 
in the next update to the SIP compilation.
    (2) EPA Region 8 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated state 
rules/regulations which have been approved as part of the State 
Implementation Plan as of August 31, 2006.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, Region 8, 999 18th 
Street, Suite 300, Denver, Colorado, 80202-2466; the Air and Radiation 
Docket and Information Center, EPA West Building, 1301 Constitution 
Ave., NW., Washington, DC 20460, and the National Archives and Records 
Administration. For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-
register/cfr/ibr-locations.html.
    (c) EPA approved regulations.
    (1) State of Wyoming Regulations

----------------------------------------------------------------------------------------------------------------
                                                              State
                                                           adopted and   EPA approval date
          State citation                Title/subject        effective    and citation \1\       Explanations
                                                               date
----------------------------------------------------------------------------------------------------------------
                                                    Chapter 1
----------------------------------------------------------------------------------------------------------------
Section 2........................  Authority.............  9/13/99, 10/ 7/28/04, 69 FR
                                                                 29/99   44965.
Section 3........................  Definitions...........  9/13/99, 10/ 7/28/04, 69 FR
                                                                 29/99   44965.
Section 4........................  Prevention of           7/27/06, 10/ 7/16/08, 73 FR
                                    significant                   6/06   47050.
                                    deterioration.
Section 5........................  Abnormal conditions     9/13/99, 10/ 7/28/04, 69 FR
                                    and equipment.               29/99   44965.
                                                    Chapter 2
----------------------------------------------------------------------------------------------------------------
Section 2........................  Ambient standards for   9/13/99, 10/ 7/28/04, 69 FR
                                    particulate matter.          29/99   44965.
Section 3........................  Ambient standards for   9/13/99, 10/ 7/28/04, 69 FR
                                    nitrogen oxides.             29/99   44965.
Section 4........................  Ambient standards for   9/13/99, 10/ 7/28/04, 69 FR
                                    sulfur oxides.               29/99   44965.
Section 5........................  Ambient standards for   9/13/99, 10/ 7/28/04, 69 FR
                                    carbon monoxide.             29/00   44965.
Section 6........................  Ambient standards for   9/13/99, 10/ 7/28/04, 69 FR
                                    ozone.                       29/99   44965.

[[Page 1107]]

 
Section 8........................  Ambient standards for   9/13/99, 10/ 7/28/04, 69 FR
                                    suspended sulfates.          29/99   44965.
Section 10.......................  Ambient standards for   9/13/99, 10/ 7/28/04, 69 FR
                                    lead.                        29/99   44965.
----------------------------------------------------------------------------------------------------------------
                                                    Chapter 3
----------------------------------------------------------------------------------------------------------------
Section 2........................  Emission standards for  9/13/99, 10/ 7/28/04, 69 FR
                                    particulate matter.          29/99   44965.
Section 3........................  Emission standards for  9/13/99, 10/ 7/28/04, 69 FR
                                    nitrogen oxides.             29/99   44965.
Section 4........................  Emission standards for  9/13/99, 10/ 7/28/04, 69 FR
                                    sulfur oxides.               29/99   44965.
Section 5........................  Emission standards for  9/13/99, 10/ 7/28/04, 69 FR
                                    carbon monoxide.             29/99   44965.
Section 6........................  Emission standards for  9/13/99, 10/ 7/28/04, 69 FR
                                    volatile organic             29/99   44965.
                                    compounds.
----------------------------------------------------------------------------------------------------------------
                                                    Chapter 4
----------------------------------------------------------------------------------------------------------------
Section 2........................  Existing sulfuric acid  9/13/99, 10/ 7/28/04, 69 FR
                                    production units.            29/99   44965.
Section 3........................  Existing nitric acid    9/13/99, 10/ 7/28/04, 69 FR
                                    manufacturing plants.        29/99   44965.
----------------------------------------------------------------------------------------------------------------
                                                    Chapter 6
----------------------------------------------------------------------------------------------------------------
Section 2........................  Permit requirements     9/13/99, 10/ 7/28/04, 69 FR
                                    for construction,            29/99   44965.
                                    modification, and
                                    operation.
Section 4........................  Prevention of           9/13/99, 10/ 7/28/04, 69 FR
                                    significant                  29/99   44965.
                                    deterioration.
----------------------------------------------------------------------------------------------------------------
                                                    Chapter 7
----------------------------------------------------------------------------------------------------------------
Section 2........................  Continuous monitoring   9/13/99, 10/ 7/28/04, 69 FR
                                    requirements for             29/99   44965.
                                    existing sources.
----------------------------------------------------------------------------------------------------------------
                                                    Chapter 8
----------------------------------------------------------------------------------------------------------------
Section 2........................  Sweetwater County       9/13/99, 10/ 7/28/04, 69 FR
                                    particulate matter           29/99   44965.
                                    regulations.
Section 3........................  Conformity of general   9/13/99, 10/ 7/28/04, 69 FR
                                    federal actions to           29/99   44965.
                                    state implementation
                                    plans.
----------------------------------------------------------------------------------------------------------------
                                                    Chapter 9
----------------------------------------------------------------------------------------------------------------
Section 2........................  Visibility............  9/13/99, 10/ 7/28/04, 69 FR
                                                                 29/99   44965.
----------------------------------------------------------------------------------------------------------------
                                                   Chapter 10
----------------------------------------------------------------------------------------------------------------
Section 2........................  Open burning            9/13/99, 10/ 7/28/04, 69 FR
                                    restrictions.                29/99   44965.
Section 3........................  Wood waste burners....  9/13/99, 10/ 7/28/04, 69 FR
                                                                 29/99   44965.
----------------------------------------------------------------------------------------------------------------
                                                   Chapter 12
----------------------------------------------------------------------------------------------------------------
Section 2........................  Air pollution           9/13/99, 10/ 7/28/04, 69 FR
                                    emergency episodes.          29/99   44965.
----------------------------------------------------------------------------------------------------------------
                                                   Chapter 13
----------------------------------------------------------------------------------------------------------------
Section 2........................  Motor vehicle           9/13/99, 10/ 7/28/04, 69 FR
                                    pollution control.           29/99   44965.
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult
  the Federal Register cited in this column for that particular provision.


[[Page 1108]]

    (d) EPA-approved source-specific requirements.

----------------------------------------------------------------------------------------------------------------
                                                          State submittal   EPA approval date
        Name of source           Nature of requirement  and effective date   and citation \2\     Explanations
----------------------------------------------------------------------------------------------------------------
FMC Corporation...............  Order containing        1/25/79, 4/25/79..  7/2/79, 44 FR
                                 schedule for                                38473.
                                 compliance, interim
                                 requirements, and
                                 monitoring and
                                 reporting
                                 requirements.
Black Hills Power and Light...  Order containing        1/25/79, 4/25/79..  7/2/79, 44 FR
                                 schedule for                                38473.
                                 compliance, interim
                                 requirements, and
                                 monitoring and
                                 reporting
                                 requirements.
----------------------------------------------------------------------------------------------------------------
\2\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult
  the Federal Register cited in this column for that particular provision.

    (e) EPA-approved nonregulatory provisions.

----------------------------------------------------------------------------------------------------------------
                                      Applicable
    Name of nonregulatory SIP     geographic or non-    State submittal    EPA approval date     Explanations
            provision               attainment area    date/adopted date   and citation \3\
----------------------------------------------------------------------------------------------------------------
I. Implementation Plan for the    Statewide.........  Submitted: 1/28/    5/31/72, 37 FR      Excluding: (1) the
 State of Wyoming                                      72, Adopted: 1/22/  10842.              Wyoming Air
I. Introduction.................                       72, Additional                          Quality Act of
II. Legal Authority.............                       letters submitted                       1967 and Wyoming
III. Control Strategy...........                       on 3/28/72 and 5/                       Air Quality
IV. Compliance Schedule.........                       3/72.                                   Standards and
V. Emergency Plan...............                                                               Regulations
VI. Air Quality Surveillance....                                                               contained in
VII. Review of New Sources and                                                                 Appendix E (more
 Modifications.                                                                                recent versions
VIII. Source Surveillance.......                                                               of these
IX. Resources...................                                                               documents have
X. Intergovernmental Cooperation                                                               been approved in
IX. Reports and Revisions.......                                                               the SIP); (2)
Appendices......................                                                               Section III,
                                                                                               paragraph
                                                                                               following table I
                                                                                               and Section IV,
                                                                                               paragraph G
                                                                                               (revisions to
                                                                                               these paragraphs
                                                                                               have subsequently
                                                                                               been approved).
                                                                                               (See II below.)
II. Revisions to Sections III     Statewide.........  Submitted: 5/29/73  7/3/74, 39 FR
 (paragraph following Table I                                              24504.
 and IV (paragraph G) of the SIP
III. Inclusion of the Wyoming     Statewide.........  Submitted: 2/19/76  8/31/76, 41 FR
 Environmental Quality Act,                                                36652.
 1973, with amendments
 incorporated by the 1975
 Wyoming State Legislature
IV. Revisions to Implementation   Statewide.........  Submitted: 1/25/79  7/2/79, 44 FR
 Plan for Air Quality Control                                              38473.
 Plan State of Wyoming: addition
 of sections for Implementation
 Plan Reviews: Added to Air
 Quality Surveillance Chapter--
 Public Notification of Air
 Quality; and added to
 Intergovernmental Cooperation
 Chapter--Consultation
V. SIP for Total Suspended        Trona area of       Submitted: 1/25/79  7/2/79, 44 FR       SIP also contained
 Particulate (TSP) Trona Area of   Sweetwater County.                      38473.              source specific
 Sweetwater County nonattainment                                                               regulations that
 area                                                                                          are now in
                                                                                               Chapter 8,
                                                                                               Section 2.
VI. Revision to Implementation    Statewide.........  4/30/91...........  4/19/83, 48 FR
 Plan for Air Quality Control                                              16682.
 Plan State of Wyoming: Addition
 of section to Control Strategy
 Chapter for Implementation Plan
 Reviews
VII. SIP to meet Air Quality      Statewide.........  Submitted: 8/26/81  2/9/82, 47 FR 5892
 Monitoring 40 CFR part 58

[[Page 1109]]

 
VIII. Emergency Episode           Statewide.........  Submitted: 8/26/81  2/9/82, 47 FR 5892
 Contingency Plan
IX. Implementation Plan for Lead  Statewide.........  Submitted: 8/30/84  10/11/84, 49 FR
                                                                           39843.
X. Implementation Plan for Class  Statewide.........  Submitted: 9/6/88.  2/15/89, 54 FR
 I Visibility Protection                                                   6912.
XI. Commitment to conduct stack   Statewide.........  Submitted: 12/9/88  3/17/89, 54 FR
 height evaluations in                                                     11186.
 accordance with the ``Guideline
 for Determination of Good
 Engineering Practice Stack
 Height (Technical Support
 Document for the Stack Height
 Regulations),'' EPA 450/4-80-
 023R, June, 1985.
XII. Stack Height Demonstration   Statewide.........  Submitted: 8/5/86.  6/7/89, 54 FR
 Analyses                                                                  24334.
XIII. Implementation Plan on Air  Statewide.........  Submitted: 3/14/    7/10/89 55 FR
 Quality Surveillance for                              89, Adopted: 12/    28197.
 Inhalable Particulate Matter                          13/88.
 (PM10)
XIV. NOX Increment                Statewide.........  Submitted: 11/20/   5/24/91, 56 FR
 Implementation                                        90.                 23811.
XV. Small Business Program        Statewide.........  Submitted: 11/1/93  6/20/94, 59 FR
                                                                           31548.
XVI. Implementation Plan for PM-  Sheridan..........  Submitted: 8/28/    6/23/94, 59 FR      Approval does not
 10 Control Strategies Sheridan,                       89, Adopted: 7/17/  32360.              include sections
 Wyoming (includes City of                             89.                                     2 and 3,
 Sheridan--Air Quality                                                                         Voluntary
 Maintenance Plan)                                                                             Curtailment of
                                                                                               Solid Fuel
                                                                                               Combustion and
                                                                                               Industrial
                                                                                               Sources.
XVII. Memorandum of Agreement on  Powder River Basin  Signed: 12/22/93..  9/12/95, 60 FR
 Procedures for Protecting PM10                                            47290.
 NAAQS in the Powder River Basin
XVIII. Interstate Transport.      Statewide.........  Submitted: 5/3/07.  5/8/08, 73 FR
 Wyoming Interstate Transport                         Adopted: 4/15/07..   26019..
 SIP satisfying the requirement
 of Section 110(a)(2)(D)(i) of
 the CAA for the 1997 8-hour
 ozone and PM 2.5 standards
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult
  the Federal Register cited in this column for that particular provision.


[71 FR 64462, Nov. 2, 2006, as amended at 73 FR 26025, May 8, 2008; 73 
FR 40752, July 16, 2008]



Sec. 52.2621  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Cheyenne Intrastate..................................          II        III       III       III           III
Casper Intrastate....................................          II        III       III       III           III
Wyoming Intrastate...................................         III        III       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10904, May 31, 1972]

[[Page 1110]]



Sec. 52.2622  Approval status.

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

[44 FR 38475, July 2, 1979]



Sec. Sec. 52.2623-52.2624  [Reserved]



Sec. 52.2625  Compliance schedules.

    (a) The compliance schedules for the sources identified below are 
approved as meeting the requirements of Subpart N of this chapter. All 
regulations cited are found in the ``Wyoming Air Quality Standards and 
Regulations, 1975.''

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

[[Page 1111]]

 
Dresser Minerals...................  Greybull..............  14 (b), (e), (f), (g).  ......do.............  ......do.............  Feb. 15, 1976.
Town of Byron......................  Byron.................  13....................  Jan. 26, 1973........  ......do.............  July 1, 1974.
Town of Chugwater..................  Chugwater.............  13....................  ......do.............  ......do.............   Do.
Town of Cowley.....................  Cowley................  13....................  ......do.............  ......do.............   Do.
Town of Lovell.....................  Lovell................  13....................  May 24, 1973.........  ......do.............   Do.
Big Horn County....................  Big Horn County.......  13....................  Jan. 26, 1973........  ......do.............   Do.
--------------------------------------------------------------------------------------------------------------------------------------------------------


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



Sec. Sec. 52.2626-52.2629  [Reserved]



Sec. 52.2630  Prevention of significant deterioration of air quality.

    (a) The Wyoming plan, as submitted, is approved as meeting the 
requirements of Part C of the Clean Air Act except that designation of 
the Savage Run Wilderness Area, as established in Pub. L. 95-237, from 
Class II to Class I is disapproved.
    (b) Regulation for preventing significant deterioration of air 
quality. The Wyoming plan, as submitted, does not apply to certain 
sources in the State. Therefore, the provisions of Sec. 52.21 except 
paragraph (a)(1) are hereby incorporated and made a part of the State 
implementation plan for the State of Wyoming and are applicable to the 
following proposed major stationary sources or major modifications:
    (1) Sources proposing to construct on Indian Reservations in 
Wyoming; and
    (2) Sources that received an air quality permit from the Wyoming 
State Department of Environmental Quality prior to September 6, 1979.
    (c) The State of Wyoming has clarified the generalized language 
contained in section 24 of the Wyoming Air Quality Standards and 
Regulations on the use of the ``Guidelines for Air Quality Models.'' In 
a letter to Douglas M. Skie, EPA, dated May 18, 1989, Charles A. 
Collins, Administrator of the Air Quality Divisions stated:

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

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



Sec. 52.2631  [Reserved]



Sec. 52.2632  Visibility protection. [Reserved]



Sec. 52.2633  Stack height regulations.

    In a letter dated December 9, 1988, to Douglas M. Skie, EPA, from 
Charles A. Collins, Administrator of The Air Quality Division, the State 
committed to conduct stack height evaluations in accordance with the 
``Guideline for Determination of Good Engineering Practice Stack Height 
(Technical Support Document for the Stack Height Regulations)'', EPA 
450/4-80-023R, June 1985.

[54 FR 11188, Mar. 17, 1989]



Sec. 52.2634  Correction of approved plan.

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

[61 FR 47059, Sept. 6, 1996]



Sec. 52.2635  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Wyoming'' and all revisions submitted by Wyoming that 
were federally approved prior to August 31, 2006.
    (b) The plan was officially submitted on January 26, 1972.

[[Page 1112]]

    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Compliance schedule information in three plants submitted March 
28, 1972, by the Department of Health and Social Services (DHSS). (Non-
regulatory.)
    (2) Procedural clarification to emergency episodes plan submitted 
May 3, 1972, by DHSS.
    (3) Particulate compliance schedules submitted February 9, 1973, by 
DHSS.
    (4) Emergency episode plan submitted February 27, 1973, by DHSS. 
(Non-regulatory).
    (5) Compliance schedules submitted on March 1, 1973, by DHSS.
    (6) Revision of Wyoming's Standards and Regulations (Chapter I, 
Section 1-20) submitted April 18, 1973, by DHSS.
    (7) Revision of particulate control strategy to require compliance 
with particulate standards not later than January 31, 1974, except where 
approved by EPA and compliance schedule portions of the plan submitted 
May 29, 1973, by DHSS.
    (8) Compliance schedule revisions, legal authority additions, update 
of Wyoming's Air Quality Standards and Regulations, non-regulatory 
source surveillance and new source review procedures submitted on August 
7, 1974, by the Governor.
    (9) Legal authority additions and compliance schedule revisions 
submitted on February 19, 1976, by the Governor.
    (10) Requirements for continuous opacity monitoring by all fossil 
fuel fired steam generators with heat inputs in excess of 250 million 
Btu per hour and other miscellaneous revisions to the State regulations 
as submitted by the Air Quality Division (AQD) on May 9, 1978.
    (11) Provisions to meet the requirements of Parts C and D and 
sections 110, 126, and 127 of the Clean Air Act, as amended in 1977 were 
submitted on January 26, 1979.
    (12) A revision to Section 14 of the Wyoming Air Quality Standards 
and Regulations was submitted on July 18, 1980, and October 27, 1980.
    (13) On August 26, 1981 and August 27, 1981, Wyoming submitted 
revisions to the requirements for Prevention of Significant 
Deterioration, the Air Quality Monitoring Plan, revisions to the 
Emergency Episode Contingency Plan, and revisions to stationary source 
permitting regulations.
    (14) Revisions to the new source permit requirements in Sections 21 
and 24 of the Wyoming regulations were submitted on April 30, 1981, and 
February 8, 1982.
    (15) On August 30, 1984, the State of Wyoming submitted a plan 
revision for lead.
    (16) Revisions to the new source permit requirements in sections 21 
and 24 of the Wyoming regulation for visibility protection were 
submitted on April 12, 1985.
    (i) Incorporation by reference.
    (A) Letter from Randolph Wood, Administrator, Wyoming Air Quality 
Division, dated April 12, 1985, submitting the Wyoming Visibility SIP 
and Regulations.
    (B)(1) Wyoming Air Quality Standards and Regulations (WAQSR), 
Section 21.n. (1) and (2) adopted on January 22, 1985.
    (2) WAQSR, Section 24.b.(1)(f) adopted on January 22, 1985.
    (3) WAQSR, Section 24.b.(6) (a) and (b) revised and adopted on 
January 22, 1985.
    (17) A revision to the SIP was submitted by the Administrator of the 
Wyoming Air Quality Division on September 6, 1988, for visibility 
general plan requirements, monitoring, and long-term strategies.
    (i) Incorporation by reference.
    (A) Letter dated September 6, 1988, Charles A. Collins, 
Administrator of the Wyoming Air Quality Division, submitting a SIP 
revision for visibility protection.
    (B) The SIP revision for visibility protection, ``Section 28 
Visibility'' of the Wyoming Air Quality Standards and Regulations, and 
``Wyoming State Implementation Plan for Class I Visibility Protection'' 
was adopted by the Wyoming Environmental Quality Council on March 23, 
1988, and became effective on May 10, 1988.
    (18) On September 6, 1988, the Administrator of the Air Quality 
Division, as the Governor's designee, submitted a plan revising the 
stack height regulations, Wyoming Air Quality Standards

[[Page 1113]]

and Regulations (WAQSR) section 21(d).
    (i) Incorporation by reference.
    (A) Revisions to the Wyoming Air Quality Standards and Regulation 
section 21(d), stack heights, were adopted and effective on May 10, 
1988.
    (19) In a letter dated August 5, 1986, the Administrator of the Air 
Quality Division of Wyoming, submitted the stack height demonstration 
analysis. EPA is approving the demonstration analysis for all of the 
stacks.
    (i) Incorporation by reference. (A) Stack height demonstration 
analysis submitted by the State in a letter dated August 5, 1986.
    (20) A revision to the SIP was submitted by the Administrator of the 
Wyoming Air Quality Division on March 14, 1989, to address the Group III 
PM-10 SIP requirements and Group II PM-10 SIP requirements for Lander, 
Wyoming.
    (i) Incorporation by reference.
    (A) Amendments to the Wyoming Air Quality Standards and Regulations: 
section 2 (Definitions) (a)(xxx), section 3 (Ambient Standards for 
Particulate Matter) (a), section 20 (Air Pollution Emergency Episodes) 
(b)(ii), section 21 (Permit Requirements for Construction, Modification, 
and Operation) (c)(ii) and section 24 (Prevention of Significant 
Deterioration) (a)(xx)(A), (b)(i)(E)(VI)(1.)(c.)(f.)(h.) & (1.), 
(b)(iii), (b)(iv), (b)(viii), and (b)(xii)(D)(E)(F) & (G), effective 
February 13, 1989.
    (B) March 14, 1989 letter from Charles A. Collins, Administrator of 
the Wyoming Air Quality Division to James J. Scherer, EPA Region VIII 
Regional Administrator, identifying the effective date of the above 
regulation amendments.
    (21) On November 20, 1990, the Governor of Wyoming submitted 
revisions to the plan. The revisions include amendments to the 
prevention of significant deterioration of air quality (PSD) regulations 
to incorporate the nitrogen dioxide (NO2) increments, 
revisions to the new source review requirements and PSD regulations to 
make them federally enforceable, and revisions to the PSD regulations to 
allow establishment of multiple baseline areas which may have different 
baseline dates and different baseline concentrations.
    (i) Incorporation by reference. (A) Revisions to the Wyoming Air 
Quality Standards and Regulations, Section 2, Definitions, Section 21, 
Permit Requirements for Construction, Modification, and Operation, and 
Section 24, Prevention of Significant Deterioration, effective October 
30, 1990.
    (ii) Additional material. (A) November 5, 1990, letter from Douglas 
Skie, EPA, to Charles A. Collins, Administrator, Air Quality Division, 
Wyoming Department of Environmental Quality.
    (22) On September 6, 1988, the Governor of Wyoming submitted 
revisions to Section 3 of the Wyoming Air Quality Standards and 
Regulations, adding subsection (d) which defines ``ambient air'' for 
surface coal mines located in Wyoming's Powder River Basin.
    (i) Incorporation by reference.
    (A) Revisions to Section 3(d) of the Wyoming Air Quality Standards 
and Regulations, effective June 5, 1987.
    (ii) Additional material.
    (A) Memorandum of Agreement signed on December 22, 1993 by Dennis 
Hemmer, Director, Department of Environmental Quality, State of Wyoming, 
and on January 24, 1994 by Patricia D. Hull, Director, Air, Radiation 
and Toxics Division, EPA Region VIII.
    (23) On November 1, 1993, the Governor of Wyoming submitted a plan 
for the establishment and implementation of a Small Business Assistance 
Program to be incorporated into the Wyoming State Implementation Plan as 
required by section 507 of the Clean air Act.
    (i) Incorporation by reference.
    (A) November 1, 1993, letter from the Governor of Wyoming submitting 
a Small Business Assistance Program plan to EPA.
    (B) The State of Wyoming plan for the establishment and 
implementation of a Small Business Assistance Program, adopted September 
16, 1993, by the Wyoming Environmental Quality Council.
    (24) On August 28, 1989, the Governor of Wyoming submitted revisions 
to the Wyoming State implementation plan

[[Page 1114]]

(SIP) for Sheridan, Wyoming. In addition to the original August 28 
submittal, eight submittals containing information in response to EPA 
requests and to the new Clean Air Act Amendments were submitted. The 
August 28, 1989, submittal, in combination with the eight subsequent 
submittals, satisfy those moderate PM10 nonattainment SIP 
requirements due on November 15, 1991. Included in the August 28, 1989, 
submittal were PM10 contingency measures for Sheridan to 
satisfy the requirements of section 172(c)(9) of the Act that were due 
by November 15, 1993.
    (i) Incorporation by reference.
    (A) ``The City of Sheridan, Air Quality Maintenance Plan,'' 
including the Street Winter Maintenance Plan and the contingency plan 
calling for the use of deicing chemicals on downtown streets, adopted on 
February 21, 1989.
    (ii) Additional material.
    (A) Letter dated November 21, 1989, from the Wyoming Department of 
Environmental Quality to EPA which includes a memorandum dated November 
15, 1989 from the Wyoming Attorney General's Office to the Wyoming 
Department of Environmental Quality; the memorandum includes Wyoming 
Statute 35-11-201.
    (25) On November 12, 1993, the Governor of Wyoming submitted 
revisions to the Wyoming State Implementation Plan (SIP). Specifically, 
the State submitted revisions to the Wyoming Air Quality Standards and 
Regulations (WAQSR), section 21 ``Permit requirements for construction, 
modification and operation.'' Among other things, these revisions were 
made to address the non-attainment New Source Review (NSR) provisions of 
part D of the Act for PM10 nonattainment areas, which were 
due to EPA on June 30, 1992.
    (i) Incorporation by reference.
    (A) The following subsections of section 21 of the Wyoming Air 
Quality Standards and Regulations ``Permit requirements for 
construction, modification and operation,'' adopted on September 16, 
1993 and effective October 26, 1993: subsections (a)(ii), (a)(iii), 
(a)(v), (c)(ii)(B), (k)(vii) and (o).
    (ii) Additional material.
    (A) Letter from Mary A. Throne, Assistant Attorney General, to the 
Governor of Wyoming, dated October 1, 1993, documenting the necessary 
legal authority under state law to adopt and implement the revised 
regulation.
    (26) On March 14, 1995, the Governor of Wyoming submitted revisions 
to the prevention of significant deterioration permitting regulations in 
Section 24 of the Wyoming Air Quality Standards to incorporate changes 
in the Federal PSD permitting regulations for utility pollution control 
projects, PM-10 increments, and to make other minor changes.
    (i) Incorporation by reference.
    (A) Revisions to Section 24 of the Wyoming Air Quality Standards, 
subsections (a)(ix)(B), (a)(x)(H)-(K), (a)(xii)(D), (a)(xv), (a)(xix)(D) 
and (E), (a)(xxviii)-(xxxv), (b)(i)(A)(I), (b)(i)(E)(VI)(1), (b)(viii), 
and (b)(xii)(I), effective 2/13/95.
    (27) On September 15, 1982, the Administrator of the Wyoming Air 
Quality Division submitted clarifications and revisions to the 
particulate matter control requirements of Section 25 of the Wyoming Air 
Quality Standards and Regulations (WAQSR) for FMC Corporation in the 
Trona Industrial Area. In addition, on May 16, 1985, the Administrator 
of the Wyoming Air Quality Division submitted revisions to the 
construction permitting requirements in Section 21 of the WAQSR to 
specify guidelines for best available control technology for new large 
mining operations. The Governor of Wyoming submitted revisions to 
Section 21 of the WAQSR, ``Permit requirements for construction, 
modification, and operation,'' on November 12, 1993. Last, the Governor 
of Wyoming submitted revisions to Section 24 of the WAQSR, ``Prevention 
of Significant Deterioration,'' on March 14, 1995.
    (i) Incorporation by reference.
    (A) Revisions to Section 25 of the WAQSR, ``Sweetwater County Non-
Attainment Area Particulate Matter Regulations,'' subsection c.(2), 
effective September 13, 1982.
    (B) Revisions to Section 21 of the WAQSR, ``Permit requirements for 
construction, modification, and operation,'' subsection c.(5), effective 
May 10, 1985.

[[Page 1115]]

    (C) Revisions to Section 21 of the WAQSR, ``Permit requirements for 
construction, modification, and operation,'' subsection (a)(iv), 
effective October 26, 1993.
    (D) Revisions to Section 24 of the WAQSR, ``Prevention of 
Significant Deterioration,'' subsections (a)(xix), (b)(iv), and 
(b)(xii)(H), effective February 13, 1995.
    (28) On March 14, 1995, the Governor of Wyoming submitted revisions 
to the SIP that incorporate the General Conformity requirements of 40 
CFR part 93, Subpart B into State regulation.
    (i) Incorporation by reference.
    (A) Section 32 of the Wyoming Air Quality Standards, ``Conformity of 
General Federal Actions to State Implementation Plans,'' effective 
February 13, 1995.
    (29) The Governor of Wyoming submitted revisions to sections 2, 4, 
5, 8, 9, 10, 14, and 21 of the Wyoming Air Quality Standards and 
Regulations (WAQSR) on May 21, 1999.
    (i) Incorporation by reference.
    (A) Revisions to the WAQSR, section 2 Definitions, subsection 
2(a)(xxx)(B) excluding the words ``or an equivalent or alternative 
method approved by the Administrator,'' effective October 15, 1998.
    (B) Revisions to the WAQSR, section 4 Sulfur oxides, subsection 4(h) 
excluding the words ``or an equivalent method,'' effective October 15, 
1998.
    (C) Revisions to the WAQSR, section 5 Sulfuric acid mist excluding 
the words ``or an equivalent method,'' effective October 15, 1998.
    (D) Revisions to the WAQSR, section 8 Ozone, effective October 15, 
1998.
    (E) Revisions to the WAQSR, section 9 Volatile organic compounds, 
effective October 15, 1998.
    (F) Revisions to the WAQSR, section 10 Nitrogen oxides, subsections 
10(b), 10(b)(vii), 10(b)(viii), and 10(b)(ix), excluding the words ``or 
by an equivalent method'' in subsection 10(b), effective October 15, 
1998.
    (G) Revisions to the WAQSR, section 14 Control of particulate 
emissions, subsection 14(h)(iv) excluding the sentence, ``Provided that 
the Administrator may require that variations to said methods be 
included or that entirely different methods be utilized if he determines 
that such variations or different methods are necessary in order for the 
test data to reflect the actual emission rate of particulate matter,'' 
effective October 15, 1998.
    (H) Revisions to the WAQSR, section 21 Permit requirements for 
construction, modification and operation, subsections 21(a)(vi) and 
21(h), effective October 15, 1998.
    (ii) Additional material.
    (A) September 1, 1998 letter from Dan Olson, Administrator, Wyoming 
Air Quality Division, to Richard R. Long, Director, Air and Radiation 
Program, EPA Region 8.
    (B) June 23, 2000 letter from Dan Olson, Administrator, Wyoming Air 
Quality Division, to Richard R. Long, Program Manager, Air and 
Radiation, EPA Region VIII.
    (30) On September 12, 2003, the Governor of Wyoming submitted a 
revision to the State Implementation Plan. The revision restructures the 
Wyoming Air Quality Standards and Regulations (WAQS&R) from a single 
chapter into thirteen separate chapters and renumbers the provisions 
within each chapter. The submitted revision contains no substantive 
changes to the existing SIP-approved regulations. The provisions listed 
in paragraph (c)(30)(i)(A) are approved into the SIP and supersede and 
replace the prior codification of the corresponding provisions of the 
SIP.
    (i) Incorporation by reference.
    (A) Wyoming Air Quality Standards and Regulations: Chapter 1: 
Section 2--Authority, Section 3--Definitions, Section 4--Diluting and 
concealing emissions, Section 5--Abnormal conditions and equipment 
malfunction; Chapter 2: Section 2--Ambient standards for particulate 
matter, paragraphs 2(a) and 2(c) only, Section 3--Ambient standards for 
nitrogen oxides, Section 4--Ambient standards for sulfur oxides, Section 
5--Ambient standards for carbon monoxide, Section 6--Ambient standards 
for ozone, Section 8--Ambient standard for suspended sulfates, Section 
10--Ambient standards for lead; Chapter 3: Section 2--Emission

[[Page 1116]]

standards for particulate matter, Section 3--Emission standards for 
nitrogen oxides, Section 4--Emission standards for sulfur oxides, 
Section 5--Emission standards for carbon monoxide, Section 6--Emission 
standards for volatile organic compounds; Chapter 4: Section 2--Existing 
sulfuric acid production units, Section 3--Existing nitric acid 
manufacturing plants; Chapter 6: Section 2--Permit requirements for 
construction, modification and operation, Section 4--Prevention of 
significant deterioration; Chapter 7: Section 2--Continuous monitoring 
requirements for existing sources; Chapter 8: Section 2--Sweetwater 
County particulate matter regulations, Section 3--Conformity of general 
federal actions to state implementation plans; Chapter 9: Section 2--
Visibility; Chapter 10: Section 2--Open burning restrictions, Section 
3--Wood waste burners; Chapter 12: Section 2--Air pollution emergency 
episodes; Chapter 13: Section 2--Motor vehicle pollution control; all 
adopted September 13, 1999 and effective October 29, 1999.
    (ii) Additional Material.
    (A) Remainder of the September 12, 2003 State submittal.
    (B) January 12, 2004 letter from Dan Olson, Wyoming Department of 
Environmental Quality (DEQ), to Richard Long, EPA Region VIII, to 
address typographical errors and incorrect cross references identified 
in the September 12, 2003 submittal.
    (C) March 22, 2004 letter from Richard Long, EPA Region VIII, to 
John Corra, Wyoming DEQ, requesting clarification on the State's 
commitment to submit substantive SIP revisions following EPA's approval 
of the restructured and renumbered WAQS&R provisions. In this letter, 
EPA also asked DEQ to indicate time frames in which DEQ would submit 
substantive SIP revisions.
    (D) March 29, 2004 letter from John Corra, Wyoming DEQ, to Richard 
Long, EPA Region VIII, addressing the concerns expressed in Mr. Long's 
March 22, 2004 letter.

[37 FR 10903, May 31, 1972. Redesignated at 71 FR 64462, Nov. 2, 2006]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2635, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



                            Subpart AAA_Guam



Sec. 52.2670  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for Guam under section 110 of the Clean Air Act, 42 
U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient air 
quality standards.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to January 
1, 2005, was approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Material is incorporated as it exists on the date of the approval, 
and notice of any change in the material will be published in the 
Federal Register. Entries in paragraphs (c) and (d) of this section with 
EPA approval dates after January 1, 2005, will be incorporated by 
reference in the next update to the SIP compilation.
    (2) EPA Region IX certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
implementation plan as of January 1, 2005.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region IX EPA Office at 75 Hawthorne Street, San 
Francisco, CA 94105; the Air and Radiation Docket and Information 
Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue, 
NW., Room B108, Washington, DC; or the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call (202) 741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
    (c) EPA approved regulations.

[[Page 1117]]



                            Table 52.2670--EPA Approved Territory of Guam Regulations
----------------------------------------------------------------------------------------------------------------
                                                            Effective
          State citation                Title/subject          date      EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
Air Pollution Control Standards    Table of Contents.....     8/8/1973  12/19/1978 43 FR     ...................
 and Regulations.                                                        48638.
Chapter 01.......................  Definitions (1.1-1.17,      8/24/79  05/12/81, 46 FR      ...................
                                    1.20-1.43).                          26303.
Chapter 02.1-02.2................  Ambient Air Quality          8/8/73  12/19/78, 43 FR      ...................
                                    Standards.                           48638.
Chapter 02.3-02.4................  Ambient Air Quality         1/13/72  5/31/72, 37 FR       ...................
                                    Standards.                           10842.
Chapter 03.01-03.09..............  Permits Required, etc.      8/24/79  5/12/81, 46 FR       ...................
                                                                         26303.
Chapter 03.10, 3.11 and 03.13....  Responsibility of the       8/08/73  12/19/78, 43 FR      ...................
                                    Permit Holder, etc.                  48638.
                                    (for complex sources
                                    only).
Section 1104.26..................  Permit Compliance.....     06/03/05  02/27/06, 71 FR      ...................
                                                                         9716.
Chapter 04.1-04.4................  Monitoring, Records         8/24/79  5/12/81, 46 FR       ...................
                                    and Reporting.                       26303.
Chapter 05.1-05.2................  Sampling and Testing        1/13/72  5/31/72, 37 FR       ...................
                                    Methods.                             10842.
Chapter 05.3.....................  Sampling and Testing        8/24/79  5/12/81, 46 FR       ...................
                                    Methods.                             26303.
Chapter 06.1.....................  Control of Open             1/13/72  5/31/72, 37 FR       ...................
                                    Burning.                             10842.
Chapter 06.2.....................  Exceptions............      8/24/79  5/12/81, 46 FR       ...................
                                                                         26303.
Chapter 06.3.....................  Outdoor Cooking Waiver      1/13/72  5/31/72, 37 FR       ...................
                                                                         10842.
Chapter 07.1.....................  Control of Particulate      8/24/79  5/12/81, 46 FR       ...................
                                    Emissions from                       26303.
                                    Process Industries.
Chapter 07.2-07.3................  Process Weight........      8/08/73  12/19/78, 43 FR      ...................
                                                                         48638.
Chapter 07.4-07.5................  Process Weight Table..      8/24/79  5/12/81, 46 FR       ...................
                                                                         26303.
Chapter 08.1-08.2................  Control of Fugitive         8/08/73  12/19/78, 43 FR      ...................
                                    Dust.                                48638.
Chapter 08.3-08.6................  Specific Requirements.      8/24/79  5/12/81, 46 FR       ...................
                                                                         26303.
Chapter 08.8-08.9................  Compliance Schedule...      8/08/73  12/19/78, 43 FR      ...................
                                                                         48638.
Chapter 09.1-09.9................  Control of Particulate      1/13/72  5/31/72, 37 FR       ...................
                                    Emission from                        10842.
                                    Incinerator; Design
                                    and Operation.
Chapter 10.1-10.2................  Control of Visible          8/24/79  5/12/81, 46 FR       ...................
                                    Emission of                          26303.
                                    Particulates for
                                    Stationary Sources.
Chapter 11.1-11.3................  Control of Odors in         1/13/72  5/31/72, 37 FR       ...................
                                    Ambient Air.                         10842.
Chapter 12.1; 12.2 & 12.4........  Air Pollution               8/24/79  5/12/81, 46 FR       ...................
                                    Emergencies.                         26303.
Chapter 13.1.....................  Control of Sulfur           8/24/79  5/12/81, 46 FR       For All Sources
                                    Dioxide Emissions.                   26303.               except Tanguisson
                                                                                              Power Plant.
Chapter 13.1.....................  Addendum to 13.1......      1/28/80  5/12/81, 46 FR       Compliance Order
                                                                         26303.               for Inductance.
Chapter 13.2.....................  Control of Sulfur           1/13/72  5/31/72, 37 FR       For Tanguisson
                                    Dioxide Emissions.                   10842.               Power Plant only.
Chapter 13.3 & 13.4..............  Control of Sulfur           8/24/79  3/06/80, 45 FR       ...................
                                    Dioxide Emissions.                   14559.
Chapter 14.1-14.7................  Motor Vehicle               8/24/79  5/12/81, 46 FR       ...................
                                    Pollution Control.                   26303.
Chapter 17.1-17.4................  Appeal Procedures,         12/11/81  9/30/82, 47 FR       ...................
                                    Circumvention,                       43054.
                                    Severability, and
                                    Effective Date.
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved State source specific requirements.

----------------------------------------------------------------------------------------------------------------
         Name of source                Permit no.        Effective date    EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
none............................                                                              ..................
----------------------------------------------------------------------------------------------------------------

    (e) [Reserved]

[70 FR 20475, Apr. 20, 2005; 70 FR 21496, Apr. 26, 2005, as amended at 
71 FR 9719, Feb. 27, 2006]



Sec. 52.2671  Classification of regions.

    The Guam plan was evaluated on the basis of the following 
classifications.

[[Page 1118]]



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



Sec. 52.2672  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Guam's plan for the attainment and maintenance of the National 
Standards.

[46 FR 25303, May 6, 1981]



Sec. 52.2673  Original identification of plan.

    (a) This section identified the original ``Implementation Plan for 
Compliance With the Ambient Air Quality Standards for the Territory of 
Guam'' and all revisions submitted by the Territory of Guam that were 
federally approved prior to January 1, 2005.
    (b) The plan was officially submitted on January 25, 1972.
    (c) The plan revision listed below was submitted on the date 
specified.
    (1) Revised implementation plan submitted on August 14, 1973, by the 
Governor.

Section I--Public hearing.
Section II--Introduction.
Section III--Legal authority (narrative).
Section IV--Ambient air quality standards and air pollution control 
regulations (narrative).
Section V--Emissions inventory.
Section VI--Air quality data.
Section VIII (B and C)--Control strategies.
Section IX--Complex sources (narrative).
Section X--Air quality surveillance network (narrative).
Section XI--Source surveillance system (narrative).
Section XIII--Compliance schedule.
Section XV--Resources.
Section XVI--Intergovernmental cooperation (narrative).
Appendix A--Notice and minutes of public hearing.
Appendix C--Pub. L. 11-191 (enacted on December 7, 1972).
Appendix E (Regulations):
Chapter 1, Definitions: 1.1-1.8, 1.10-1.14, 1.16, 1.19, and 1.21-1.32.
Chapter 2, Ambient Air Quality Standards: 2.1 and 2.2.
Chapter 3, Permits (for complex sources only): 3.1-3.13.
Chapter 4, Monitoring, Records, and Reporting: 4.2, and 4.4.
Chapter 5, Sampling and Testing: 5.3.
Chapter 6, Control of Open Burning: 6.2(g)(1-3).
Chapter 7, Control of Particulate Emission from Process Industries: 7.1-
7.4 (7.1 and 7.6 deleted without replacement).
Chapter 8, Control of Fugitive Dust: 8.1-8.9.
Chapter 10, Control of Visible Emissions: 10.1(b) and the deletion of 
10.1(c).
Chapter 14, Motor Vehicle Pollution Controls: 14.1-14.7.
Chapter 15, Appeal Procedures, Circumvention, Severability, and 
Effective Date: 15.1-15.4
Appendix F--Summary of air quality data.
Appendix G--Steam powerplant parameters.
Appendix H--Diffusion model computer printout.
Appendix J--Minutes and letters of public hearing on compliance 
schedules.
Appendix K--Emissions inventory data.

    (2) Amendments to the Guam Air Pollution Control Standards and 
Regulation submitted on October 12, 1979 by the Governor's designee.
    (i) Chapter 13--Control of Sulfur Dioxide Emission, 13.3, 13.4.
    (ii) Deleted without replacement Rule 13.3 (submitted January 25, 
1972).
    (iii) Chapters 1 (except 1.18 and 1.19), 4, 10, 12 and 14; Rules 
3.1-3.9, 5.3, 6.2, 7.1, 7.4, 7.5, 8.3-8.7, 13.1, 13.2 and 18.1-18.4; and 
deletion of Rules 3.12, 3.17 and 12.3.
    (3) Amendments to the Guam Air Pollution Control Standards and 
Regulations submitted on April 1, 1980 by the Governor's designee.
    (i) Addendum to 13.1--Compliance Order for the Guam Power 
Authority's Power Barge ``Inductance''.
    (4) Amendments to the Guam Air Pollution Control Standards and 
Regulations submitted on January 6, 1982 by the Governor's designee.
    (i) Chapter 17--Appeals Procedures, Circumvention, Severability, and 
Effective Date.

[[Page 1119]]

    (5) Amendments to the Guam Air Pollution Control Standards and 
Regulations submitted on June 30, 1982 by the Governor's designee.
    (i) ``Territory of Guam NAP for SO2,'' consisting of the 
narrative or Control Strategy portion of the Piti NAP; Addendum B, 
``Preliminary Results of SO2 Dispersion Modeling;'' and 
``Official Report of Public Hearing.'' The remaining portions of the 
addenda are for informational purposes only.

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

    (5) Amendments to the Guam Air Pollution Standards and Regulations 
submitted on May 22, 1984.
    (i) Section X. Air Quality Surveillance Network.
    (6) The following amendments to the plan were submitted on November 
24, 1982, by the Governor.
    (i) Negative declaration indicating no Lead Sources in Guam.

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



Sec. Sec. 52.2674-52.2675  [Reserved]



Sec. 52.2676  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable procedures 
for preventing the significant deterioration of air quality.
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are 
hereby incorporated and made a part of the applicable State plan for the 
State of Guam.

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



Sec. 52.2677  [Reserved]



Sec. 52.2678  Control strategy and regulations: Particulate matter.

    (a) The requirements of Sec. 51.110(a) and subpart G of this 
chapter are not met since the plan does not provide for the attainment 
and maintenance of the national standards.
    (b) Chapter 6, Regulations 6.2(g)(1-3) of the ``Guam Air Pollution 
Control Standards and Regulations'' (control of open burning--
agricultural crops) are disapproved since they do not provide criteria 
upon which to base the approval or denial of permit requests.
    (c) The following rules are disapproved because they could allow an 
emissions increase, and a control strategy demonstration has not been 
submitted showing that any increased emissions would not interfere with 
the attainment or maintenance of the NAAQS.
    (1) Rule 8.7, submitted on October 12, 1979.

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



Sec. 52.2679  Control strategy and regulations: Sulfur dioxide.

    (a) Approvals of the following rules are limited to specific 
sources, since a control strategy demonstration has not been submitted 
showing that any increased emissions would not interfere with the 
attainment or maintenance of the NAAQS.
    (1) Rule 13.1, submitted on October 12, 1979, for all applicable 
sources except the Tanguisson Power Plant.
    (2) Rule 13.2, submitted on January 25, 1972, for the Tanguisson 
Power Plant.
    (b) The following rules are disapproved because they are 
inconsistent with section 123(a)(2) of the Clean Air Act which requires 
continuous control strategies.
    (1) Rule 13.2, submitted on October 12, 1979.

[46 FR 26304, May 6, 1981]



Sec. Sec. 52.2680-52.2681  [Reserved]



Sec. 52.2682  Air quality surveillance.

    (a) The requirements of Sec. 51.27(a)(2) of this chapter as of 
December 19, 1978 (43

[[Page 1120]]

FR 59067), are not met. In addition, Chapter 1, Regulation 1.8 and 
Chapter 5, Regulation 5.3 of the ``Guam Air Pollution Control Standards 
and Regulations'' (buffer zones--air quality sampling) are not in 
conformance with the intent of the Clean Air Act and the definition of 
``ambient air'' promulgated at Sec. 50.1(e) of this chapter. 
Regulations 1.8 and 5.3 are disapproved because they could prohibit 
ambient air quality sampling at places of expected maximum concentration 
and/or at places where the public has access.

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



Sec. 52.2683  [Reserved]



Sec. 52.2684  Source surveillance.

    (a) The requirements of Sec. 51.214 and Appendix P of this chapter 
are not met since the plan does not contain sufficient regulations 
pertaining to continuous in-stack monitoring.

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



Sec. 52.2685  [Reserved]



Sec. 52.2686  Upset-breakdown reporting.

    (a) Chapter 4, Regulation 4.4 of the ``Guam Air Pollution Control 
Standards and Regulations'' (reporting of upsets and breakdowns) is 
disapproved since criteria for further enforcement action are not 
specified, thus permitting the Guam Administratorunlimited discretion.

[43 FR 59067, Dec. 19, 1978]



                         Subpart BBB_Puerto Rico



Sec. 52.2720  Identification of plan.

    (a) Title of plan: ``Clean Air for Puerto Rico.''
    (b) The plan was submitted on January 31, 1972.
    (c) The plan revisions listed below were submitted on the date 
specified.
    (1) Compliance schedules submitted on April 5, 1973, by the 
Commonwealth of Puerto Rico Environmental Quality Board.
    (2) Compliance schedules submitted on April 9, 1973, by the 
Commonwealth of Puerto Rico Environmental Quality Board.
    (3) Compliance schedules submitted on April 17, 1973, by the 
Commonwealth of Puerto Rico Environmental Quality Board.
    (4) Compliance schedules submitted on May 30, 1973, by the 
Commonwealth of Puerto Rico Environmental Quality Board.
    (5) Compliance schedules submitted on June 18, 1973, by the 
Commonwealth of Puerto Rico Environmental Quality Board.
    (6) Compliance schedules submitted on September 10, 1973, by the 
Commonwealth of Puerto Rico Environmental Quality Board.
    (7) Compliance schedules submitted December 6, 1973, by the 
Commonwealth of Puerto Rico Environmental Quality Board.
    (8) Information on procedures followed in adoption of compliance 
schedules submitted on February 1, 1974, by the Commonwealth of Puerto 
Rico Environmental Quality Board.
    (9) Compliance schedules submitted February 7, 1974, by the 
Commonwealth of Puerto Rico Environmental Quality Board.
    (10) Compliance schedules submitted February 7, 1974, by the 
Commonwealth of Puerto Rico Environmental Quality Board.
    (11) Information on procedures followed in adoption of compliance 
schedules submitted on February 12, 1974, by the Commonwealth of Puerto 
Rico Environmental Quality Board.
    (12) Information on procedures followed in adoption of compliance 
schedules submitted on March 13, 1974, by the Puerto Rico Environmental 
Quality Board.
    (13) Information on procedures followed in adoption of compliance 
schedules submitted on March 15, 1974, by the Puerto Rico Environmental 
Quality Board.
    (14) Information on procedures followed in adoption of compliance 
schedules submitted on March 20, 1974, by the Puerto Rico Environmental 
Quality Board.
    (15) AQMA designations were submitted on May 5, 1974, by the 
Governor of Puerto Rico.
    (16) Compliance schedules submitted June 11, 1974, by the 
Commonwealth of

[[Page 1121]]

Puerto Rico Environmental Quality Board.
    (17) Compliance schedules submitted on September 6, 1974, by the 
Commonwealth of Puerto Rico Environmental Quality Board.
    (18) Revised Article 6 (Control of Sulfur Compound Emissions) was 
submitted on January 3, 1975, by the Governor of Puerto Rico.
    (19) Public hearing information regarding revised Article 6 was 
submitted on January 17, 1975, by the Executive Director of the 
Environmental Quality Board.
    (20) Information regarding Guayanilla and Aguirre Air Basins was 
submitted on February 14, 1975, by the Environmental Quality Board.
    (21) Emission limitation for one source in the Ponce Air Basin was 
submitted on March 26, 1976, by the Environmental Quality Board.
    (22) Predicted SO2 concentrations for Aguirre Air Basin 
was submitted on May 8, 1975, by the Environmental Quality Board.
    (23) Additional information regarding revised Article 6 was 
submitted on May 15, 1975, by the Environmental Quality Board.
    (24) Predicted SO2 ambient concentrations for Barceloneta 
and Ensenada submitted on June 2, 1975, by the Environmental Quality 
Board.
    (25) Predicted SO2 ambient concentrations for Barceloneta 
and Ensenada submitted on January 8, 1976, by the Environmental Quality 
Board.
    (26) A document entitled, ``Clean Air for Puerto Rico,'' submitted, 
pursuant to requirements of Part D of the Clean Air Act, on June 29, 
1979 by the Governor of the Commonwealth of Puerto Rico.
    (27) Supplementary submittals of SIP revision material from the 
Puerto Rico Environmental Quality Board, dated:
    (i) October 30, 1979, containing policy statements of EQB with 
regard to: Its objective to attain both the primary and secondary 
particulate matter air quality standards by December 31, 1982, 
assurances with regard to meeting the requirements of reasonable further 
progress, verification of the detail of its annual reporting effort, 
clarification of the operation of its offset program and correction of 
the related inventory and graphical presentations.
    (ii) July 24, 1980, providing a comprehensive set of adopted 
regulations, entitled ``Regulation for the Control of Atmospheric 
Pollution.''
    (iii) August 6, 1980, providing a commitment to submit ``external 
offsets'' as SIP revisions.
    (28) A submittal by the Puerto Rico Environmental Quality Board 
entitled, ``Revised Provisions for SIP Air Quality Monitoring Plan,'' 
April 1980.
    (29) Revision submitted by the Puerto Rico Environmental Quality 
Board on April 26, 1982, as modified by a July 8, 1982 letter, which 
grants a visible emissions standard variance to ovens ``A'' and ``B'' of 
the Owens-Illinois, Inc. Vega Alta plant. This variance remains in 
effect until November 2, 1985.
    (30) Revision submitted on March 3, 1981 by the Commonwealth of 
Puerto Rico's Environmental Quality Board which establishes fuel oil 
sulfur content limitations (known as ``sulfur assignments'') applicable 
to the 110 sources. On October 20, 1983, 78 of these 110 sources had 
their sulfur assignments approved by EPA.
    (31) Revision submitted on May 30, 1984 by the Commonwealth of 
Puerto Rico's Environmental Quality Board which establishes fuel oil 
sulfur content limitations (known as ``sulfur assignments'') applicable 
to the Bristol Alpha Corporation.
    (32) An Implementation Plan for attainment of the lead standard was 
submitted on September 28, 1984 by the Chairman of the Puerto Rico 
Environmental Quality Board. On December 12, 1984, the Chairman 
submitted a schedule for establishing a program to review new sources of 
lead.
    (33) Revision submitted by the Puerto Rico Environmental Quality 
Board on September 6, 1983, which grants a visible emissions variance 
from Commonwealth Rule 403, ``Visible Emissions,'' from 20 percent to 45 
percent for the crude unit and from 20 percent to 35 percent for the hot 
oil/final lube unit located at the Yabucoa Sun Oil Company's plant in 
Yabucoa.
    (34) Revision submitted by the Puerto Rico Environmental Quality 
Board on December 31, 1986, which grants a

[[Page 1122]]

visible emissions standard variance to Owen-Illinois, Inc. Vega Alta 
plant.
    (i) Incorporation by reference. Resolution and notification 
announcing a Certificate of Renewal to Commonwealth of Puerto Rico Law 
403 of the Regulation for Control of Atmospheric Pollution; adopted on 
July 9, 1986.
    (ii) Additional material. Documents submitted on December 31, 1986 
in support of the above resolution.
    (35) A revision submitted on November 14, 1993 by the Chairman of 
the Puerto Rico Environmental Quality Board (EQB) for the Municipality 
of Guaynabo. The submittal was made to satisfy those moderate 
PM10 nonattainment area SIP requirements due for the 
Municipality of Guaynabo as outlined in the Clean Air Act of 1990.
    (i) Incorporation by reference:
    (A) Regulations:
    (1) Amendments to Part I, Rule 102, ``Definitions,'' of the Puerto 
Rico Regulations for the Control of Atmospheric Pollution, effective 
April 2, 1994.
    (2) Amendments to Part II, Rule 201, ``Location Approval,'' Rule 
202, ``Air Quality Impact Analysis,'' and Rule 203, ``Permit to 
Construct a Source,'' of the Puerto Rico Regulations for the Control of 
Atmospheric Pollution, effective April 2, 1994.
    (3) Amendments to Part IV, Rule 401, ``Generic Prohibitions,'' Rule 
402, ``Open Burning,'' Rule 403, ``Visible Emissions,'' Rule 404, 
``Fugitive Dust,'' and Rule 423, ``Limitations for the Guaynabo 
PM10 Nonattainment Area,'' of the Puerto Rico Regulations for 
the Control of Atmospheric Pollution, effective April 2, 1994.
    (B) Memoranda of Understanding (MOU):
    (1) MOU signed by the Chairman of EQB and the Executive Director of 
Puerto Rico Electrical Power Authority, San Juan plant, limiting the 
sulfur-in-fuel level, annual operation capacity, and requiring the 
submittal of monthly sampling reports of its fuel's sulfur content, 
effective January 31, 1994.
    (2) MOU signed by the Chairman of EQB and the Secretary of Puerto 
Rico Department of Transportation and Public Works and the Executive 
Director of the Highway Authority to maintain and control the 
reconstruction of existing roads and the construction of new roads, 
effective July 2, 1993.
    (3) MOU signed by the Chairman of EQB and the Mayor of the 
Municipality of Guaynabo to pave and maintain the streets, roads and 
parking areas located in the Municipality of Guaynabo, effective 
December 13, 1993.
    (4) MOU signed by the Chairman of EQB and the Executive Director of 
the Puerto Rico Port Authority to pave and maintain the streets, roads, 
and parking areas that lead into the port area in Puerto Nuevo, Guaynabo 
and San Juan, effective October 14, 1993.
    (36) Revisions to the Puerto Rico Regulations for the Control of 
Atmospheric Pollution (the Regulations) submitted on September 29, 1995 
by the Puerto Rico Environmental Quality Board (EQB).
    (i) Incorporation by reference.
    (A) Regulations:
    (1) Amendments to Part I, ``General Provisions'', Rules 102, 105, 
106, 107, 109, 110, 111, 114, 117, and 121, effective September 28, 
1995.
    (2) Amendments to Part II, ``Approval and Permit'', Rules 201, 203, 
204, 205, 206, and 209, effective September 28, 1995.
    (3) Amendments to Part III, ``Variance'', Rule 301, effective 
September 28, 1995.
    (4) Amendments to Part IV, ``Prohibitions'', Rules 401, 402, 403, 
404, 405, 406, 408, 409, 410, 412, 413, 414, and 417, effective 
September 28, 1995.
    (5) Amendments to Part V, ``Fees'', Rule 501, effective September 
28, 1995.
    (ii) Additional information.
    (A) Request by EQB to remove Rules 411, 418, 419, 420 and 421 of 
Part IV, ``Prohibitions'' of the Regulations from the federally approved 
SIP dated September 29, 1995.
    (B) An October 4, 1996 letter from EQB to EPA requesting that EPA 
delay approval of Rules 112 and 211.

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

[[Page 1123]]



Sec. 52.2721  Classification of regions.

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

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


[37 FR 10905, May 31, 1972]



Sec. 52.2722  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Puerto Rico's plans for the attainment and maintenance of 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds that the plan satisfies all requirements of Part 
D, Title I, of the Clean Air Act, as amended in 1977.



Sec. 52.2723  EPA-approved Puerto Rico regulations.

                               Regulation for the Control of Atmospheric Pollution
----------------------------------------------------------------------------------------------------------------
                                           Commonwealth
         Puerto Rico regulation           effective date       EPA approval date               Comments
----------------------------------------------------------------------------------------------------------------
                                           PART I, GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
Rule 101--Title.........................         9/28/95  1/22/97; 62 FR 3213         ..........................
Rule 102--Definitions...................         9/28/95  ......do..................  ..........................
Rule 103--Source Monitoring,                     9/28/95  ......do..................  ..........................
 Recordkeeping, Reporting, Sampling and
 Testing Methods.
Rule 104--Emission Data Available to             9/28/95  ......do..................  ..........................
 Public Participation.
Rule 105--Malfunction...................         9/28/95  ......do..................  ..........................
Rule 106--Test Methods..................         9/28/95  ......do..................  ..........................
Rule 107--Air Pollution Emergencies.....         9/28/95  ......do..................  ..........................
Rule 108--Air Pollution Control                  9/28/95  ......do..................  ..........................
 Equipment.
Rule 109--Notice of Violation...........         9/28/95  ......do..................  ..........................
Rule 110--Revision of Applicable Rules           9/28/95  ......do..................  ..........................
 and Regulations.
Rule 111--Applications, Hearings, Public         9/28/95  ......do..................  ..........................
 Notice.
Rule 113--Closure of a Source...........         9/28/95  ......do..................  ..........................
Rule 114--Compulsory and Optional                9/28/95  ......do..................  ..........................
 Hearing.
Rule 115--Punishment....................         9/28/95  ......do..................  ..........................
Rule 116--Public Nuisance...............         9/28/95  ......do..................  ..........................
Rule 117--Overlapping or Contradictory           9/28/95  ......do..................  ..........................
 Provisions.
Rule 118--Segregation and Combination of         9/28/95  ......do..................  ..........................
 Emissions.
Rule 119--Derogation....................         9/28/95  ......do..................  ..........................
Rule 120--Separability Clause...........         9/28/95  ......do..................  ..........................
Rule 121--Effectiveness.................         9/28/95  ......do..................  ..........................
----------------------------------------------------------------------------------------------------------------
                                          PART II, APPROVAL AND PERMIT
----------------------------------------------------------------------------------------------------------------
Rule 201--Location Approval.............         9/28/95  ......do..................  ..........................
Rule 202--Air Quality Impact Analysis...         9/28/95  ......do..................  ..........................
Rule 203--Permit to Construct a Source..         9/28/95  ......do..................  ..........................
Rule 204--Permit to Operate a Source....         9/28/95  ......do..................  ..........................
Rule 205--Compliance Plan for Existing           9/28/95  ......do..................  ..........................
 Emission Sources.
Rule 206--Exemptions....................         9/28/95  ......do..................  ..........................
Rule 207--Continuing Responsibility for          9/28/95  ......do..................  ..........................
 Compliance.
Rule 208--Agricultural Burning                   9/28/95  ......do..................  ..........................
 Authorized.

[[Page 1124]]

 
Rule 209--Modification of the Allowed            9/28/95  ......do..................  ..........................
 Sulfur-in-Fuel Percentage.
Rule 210--(Reserved) Part III,
 ``Variance''.
----------------------------------------------------------------------------------------------------------------
                                               PART III, VARIANCE
----------------------------------------------------------------------------------------------------------------
Rule 301--Variances Authorized..........         9/28/95  ......do..................  ..........................
Rule 302--Emergency Variances...........         9/28/95  ......do..................  ..........................
----------------------------------------------------------------------------------------------------------------
                                              PART IV, PROHIBITIONS
----------------------------------------------------------------------------------------------------------------
Rule 401--Generic Prohibitions..........         9/28/95  ......do..................  ..........................
Rule 402--Open Burning..................         9/28/95  ......do..................  ..........................
Rule 403--Visible Emissions.............         9/28/95  ......do..................  ..........................
Rule 404--Fugitive Emissions............         9/28/95  ......do..................  ..........................
Rule 405--Incineration..................         9/28/95  ......do..................  ..........................
Rule 406--Fuel Burning Equipment........         9/28/95  ......do..................  ..........................
Rule 407--Process Sources...............         9/28/95  ......do..................  ..........................
Rule 408--Asphaltic Concrete Batching            9/28/95  ......do..................  ..........................
 Plants.
Rule 409--Non-Process Sources...........         9/28/95  ......do..................  ..........................
Rule 410--Maximum Sulfur Content in              9/28/95  ......do..................  ..........................
 Fuels.
Rule 412--Sulfur Dioxide Emissions:              9/28/95  ......do..................  ..........................
 General.
Rule 413--Sulfuric Acid Plants..........         9/28/95  ......do..................  ..........................
Rule 414--Sulfur Recovery Plants........         9/28/95  ......do..................  ..........................
Rule 415--Non-Ferrous Smelters..........         9/28/95  ......do..................  ..........................
Rule 416--Sulfite Pulp Mills............         9/28/95  ......do..................  ..........................
Rule 417--Storage of Volatile Organic            9/28/95  ......do..................  ..........................
 Compounds.
Rule 423--Limitations for the Guaynabo            4/2/94  5/31/95; 60 FR 28333......
 PM10 Nonattainment Area.
----------------------------------------------------------------------------------------------------------------
                                                  PART V, FEES
----------------------------------------------------------------------------------------------------------------
Rule 501--Permit Fees...................         9/28/95  1/22/97; 62 FR 3213.......
Rule 502--Excess Emission Fees..........         9/28/95  ......do..................  ..........................
Rule 503--Test Fees.....................         9/28/95  ......do..................  ..........................
Rule 504--Modification..................         9/28/95  ......do..................  ..........................
----------------------------------------------------------------------------------------------------------------


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



Sec. 52.2724  [Reserved]



Sec. 52.2725  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met, 
since section 2.4 of the Puerto Rico Regulation for Control of 
Atmospheric Pollution could, in some circumstances, prohibit the 
disclosure of emission data to the public. Therefore, section 2.4 is 
disapproved.
    (b) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the Agency responsible for 
making emission data available to the public, as specified in the 
applicable plan, concerning emissions from any source subject to 
emission limitations which are part of the approved plan may request 
that the appropriate Regional Administrator obtain and make public such 
data. Within 30 days after receipt of any such written request, the 
Regional Administrator shall require the owner or operator of any such 
source to submit information within 30 days on the nature and amounts of 
emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the applicable plan.
    (2) Commencing after the initial notification by the Regional 
Administrator pursuant to paragraph (b)(1) of this section, the owner or 
operator of the source shall maintain records of the nature and amounts 
of emissions

[[Page 1125]]

from such source and any other information as may be deemed necessary by 
the Regional Administrator to determine whether such source is in 
compliance with applicable emission limitations or other control 
measures that are part of the plan. The information recorded shall be 
summarized and reported to the Regional Administrator, on forms 
furnished by the Regional Administrator, and shall be submitted within 
45 days after the end of the reporting period. Reporting periods are 
January 1 to June 30 and July 1 to December 31.
    (3) Information recorded by the owner or operator and copies of this 
summarizing report submitted to the Regional Administrator shall be 
retained by the owner or operator for 2 years after the date on which 
the pertinent report is submitted.
    (4) Emission data obtained from owners or operators of stationary 
sources will be correlated with applicable emission limitations and 
other control measures that are part of the applicable plan and will be 
available at the appropriate regional office and at other locations in 
the state designated by the Regional Administrator.

[39 FR 34537, Sept. 26, 1974, as amended at 40 FR 55334, Nov. 28, 1975; 
51 FR 40676, Nov. 7, 1986]



Sec. 52.2726  Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met, 
since Article 17 of Puerto Rico Act 9 could, in some circumstances, 
prohibit the disclosure of emission data to the public. Therefore, 
Article 17 is disapproved.

[39 FR 34537, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. Sec. 52.2727-52.2728  [Reserved]



Sec. 52.2729  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable procedures 
for preventing the significant deterioration of air quality.
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are 
hereby incorporated and made a part of the applicable State plan for the 
State of Puerto Rico.

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



Sec. 52.2730  [Reserved]



Sec. 52.2731  Control strategy and regulations: Sulfur oxides.

    (a) The requirements of subpart G of this chapter are not met since 
the Puerto Rico plan does not provide for attainment and maintenance of 
the national standards for sulfur oxides in the areas of Aguirre, 
Barceloneta, Trujillo Alto-Dorado and Ensenada.
    (b) Article 6, as submitted to EPA on January 3, 1975, of the Puerto 
Rico Regulations for Control of Atmospheric Pollution, as it applies to 
those areas listed in paragraph (a) of this section is disapproved for 
the following facilities: Puerto RicoWater Resources Authority--Aguirre 
Complex, Abbott, Merck and Company, Bristol Meyers, Pfizer, Union 
Carbide, Upjohn, located in the Barceloneta air basin, and Central 
Guanica, located in the Aquada air basin. Accordingly, these sources, 
with the exception of the Puerto Rico Water Resources Authority--Aguirre 
Complex, are required to conform to the sulfur in fuel limitations 
contained in Article 6 of the Puerto Rico implementation plan as 
submitted to EPA on January 31, 1972.
    (c) On and after the effective date of this paragraph, the maximum 
allowable sulfur in fuel limitation, by weight, for the Puerto Rico 
Water Resources Authority Aguirre complex shall be 2.5 percent.
    (d) The requirements of section 110 of the Clean Air Act are not met 
since Article 6 of the Puerto Rico Regulation for Control of Atmospheric 
Pollution would permit the use of stack height increases in lieu of 
available methods for emission reduction. Therefore, Section H of 
Appendix A of Article 6 of the Puerto Rico Regulation for Control of 
Atmospheric Pollution is disapproved to the extent that it would permit 
increases in stack height in lieu of available methods of emission 
reduction.

[40 FR 42194, Sept. 11, 1975. Correctly designated at 41 FR 24586, June 
17, 1976, and amended at 51 FR 40676, Nov. 7, 1986]

[[Page 1126]]



Sec. 52.2732  Small business technical and environmental compliance 
assistance program.

    On November 16, 1992, the Puerto Rico Environmental Quality Board 
submitted a plan for the establishment and implementation of a Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program for incorporation in the Puerto Rico state 
implementation plan. This plan meets the requirements of section 507 of 
the Clean Air Act, and Puerto Rico must implement the plan as approved 
by EPA.

[59 FR 34386, July 5, 1994]



                       Subpart CCC_Virgin Islands

    Source: 37 FR 10905, May 31, 1972, unless otherwise noted.



Sec. 52.2770  Identification of plan.

    (a) Title of plan: ``Air Quality Implementation Plan for the U.S. 
Virgin Islands.''
    (b) The plan was officially submitted on January 31, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Procedures for making emission data available to the public 
submitted April 26, 1972, by the Division of Environmental Health, 
Virgin Islands Department of Health.
    (2) Revision to construction permit regulation, Rule 12, section 
206-26(a) of the Virgin Islands Rules and Regulations, submitted on 
August 17, 1972, by the Governor.
    (3) Sections 206-30 (Review of new sources and modifications) and 
206-31 (Review of new or modified indirect sources) were submitted on 
February 12, 1974, by the Governor of Virgin Islands.
    (4) Additional information on sections 206-30 and 206-31 was 
submitted on April 10, 1975, by the Governor of the Virgin Islands.
    (5) Exemption of the St. John Municipal Incinerator from the 
requirements of section 204-23, paragraph (c)(2) of the Virgin Islands 
Air Pollution Control Code submitted on July 9, 1975, by the Governor.
    (6) Revised Section 204-26 (Sulfur Compounds Emissions Control) 
submitted on January 21, 1976 by the Governor of the Virgin Islands, as 
it applies to the islands of St. Thomas and St. John.
    (7) Amended revised Section 204-26 submitted on June 3, 1976 by the 
Governor of the Virgin Islands, as it applies to the islands of St. 
Thomas and St. John.
    (8) As it applies to the island of St. Croix, per an August 16, 1976 
request from the Virgin Islands, revised 12 V.I.R. & R. 9:204-26 (Sulfur 
Compounds Emission Control) excluding subsection (a)(2), as submitted on 
January 21, 1976 by the Governor of the Virgin Islands.
    (9) Revision submitted on August 29, 1977, by the Governor of the 
Virgin Islands which allows, under provisions of 12 V.I.R. & R. 9:204-
26, the relaxation of the sulfur-in-fuel-oil limitation to 1.5 percent, 
by weight, for the Virgin Islands Water and Power Authority's 
Christiansted Power Plant.
    (10) Revision submitted on February 9, 1980 by the Commissioner of 
the Department of Conservation and Cultural Affairs of the Government of 
the Virgin Islands of the United States which grants an ``administrative 
order'' under Title 12 V.I.C. section 211 and Title 12 V.I.R. & R. 
sections 204-26(d). This ``administrative order'' relaxes, until one 
year from the date of EPA approval, the sulfur-in-fuel-oil limitation to 
1.5 percent, by weight, applicable to Martin Marietta Alumina and the 
Hess Oil Virgin Islands Corporation, both located in the Southern 
Industrial Complex on the Island of St. Croix.
    (11) A document entitled ``Air Monitoring Plan,'' November 1979, 
submitted on February 23, 1981, by the Virgin Islands Department of 
Conservation and Cultural Affairs.
    (12) Revision submitted on April 9, 1981 by the Commissioner of the 
Department of Conservation and Cultural Affairs of the Government of the 
Virgin Islands of the United States which grants an ``administrative 
order'' under Title 12 V.I.C. section 211 and Title 12 V.I.R. and R. 
sections 204-26(d). This ``administrative order'' relaxes, until one 
year from the date of EPA approval, the sulfur-in-fuel-oil limitation to 
1.5 percent, by weight, applicable to Martin Marietta Alumina and

[[Page 1127]]

the Hess Oil Virgin Islands Corporation, both located in the Southern 
Industrial Complex on the Island of St. Croix.
    (13) Revision submitted on January 12, 1983 by the Commissioner of 
the Department of Conservation and Cultural Affairs of the Government of 
the Virgin Islands of the United States which grants an ``administrative 
order'' under Title 12 V.I.C. section 211 and Title 12 V.I.R. and R. 
sections 204-26(d). This ``administrative order'' relaxes, until one 
year from the date of EPA approval, the sulfur-in-fuel-oil limitation to 
1.5 percent, by weight, applicable to Martin Marietta Alumina and the 
Hess Oil Virgin Islands Corporation, both located in the Southern 
Industrial Complex on the Island of Saint Croix.
    (14) An Implementation Plan for attainment of the lead standard was 
submitted by the Governor of the U.S. Virgin Islands on November 16, 
1984.
    (15) Revision submitted on December 1, 1983 by the Virgin Islands 
Department of Environmental Conservation and Cultural Affairs which 
grants a variance establishing, for one year from February 26, 1985, a 
maximum sulfur-in-fuel-oil limitation of 1.5 percent, by weight, for the 
Hess Oil Virgin Islands Corporation and the Martin Marietta Aluminum 
Properties, Inc. facilities located on the Island of Saint Croix.
    (16) Revision submitted on February 11, 1986 by the Virgin Islands 
Department of Environmental Conservation and Cultural Affairs which 
grants a variance establishing, for one year from April 14, 1987, a 
maximum sulfur-in-fuel-oil limitation of 1.5 percent, by weight, for the 
Hess Oil Virgin Islands Corporation and the Martin Marietta Properties 
facilities located on the Island of St. Croix.
    (17) Comprehensive revisions to Virgin Islands air pollution control 
regulations submitted on March 20, 1987, by the Virgin Islands 
Department of Planning and Natural Resources.
    (i) Incorporation by reference:
    (A) Revised sections 20 through 23, 25, 26, 28, 29, 33, 35 through 
41, and 45 of subchapter 204, chapter 9, title 12 of the Virgin Islands 
Code, effective January 15, 1987.
    (B) Revised sections 20 through 31 of subchapter 206, chapter 9, 
title 12 of the Virgin Islands Code, effective January 15, 1987.
    (ii) Additional material:
    (A) July 1988 Modeling Analysis for CEC Energy Co., Inc.
    (B) July 11, 1989, letter from Ted Helfgott, Amerada Hess 
Corporation to Raymond Werner, U.S. Environmental Protection Agency, 
Region II, New York.
    (C) December 28, 1992, Prevention of Significant Deterioration of 
Air Quality permit for Virgin Islands Water and Power Authority at St. 
Croix's north shore facility.

[37 FR 10905, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.2770, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.2771  Classification of regions.

    The U.S. Virgin Islands plan was evaluated on the basis of the 
following classifications:

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
U.S. Virgin Islands..................................          IA         IA       III       III           III
----------------------------------------------------------------------------------------------------------------


[[Page 1128]]



Sec. 52.2772  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves the U.S. Virgin Islands plan for attainment and maintenance of 
the national standards.



Sec. 52.2773  EPA-approved Virgin Islands regulations.

----------------------------------------------------------------------------------------------------------------
                                            Effective
           Territory regulation                date          EPA approval date                 Comments
----------------------------------------------------------------------------------------------------------------
Section 204-20, ``Definitions''..........      1/15/87  4/18/94, 59 FR 18309.......  ``Fugitive emissions'' will
                                                                                      be defined as at 40 CFR
                                                                                      52.21(b)(20).
Section 204-21, ``Regulations to Control       1/15/87  .....do....................
 Open Burning''.
Section 204-22, ``Regulations to Control       1/15/87  .....do....................
 Emission of Visible Air Contaminants''.
Section 204-23, ``Regulations Governing        1/15/87  .....do....................
 Emission of Particulate Matter''.
Section 204-24, ``Storage of Petroleum or       3/2/71  5/31/72, 37 FR 10905.......
 Other Volatile Products''.
Section 204-25, ``Fugitive Emissions''...      1/15/87  4/18/94, 59 FR 18309.......
Section 204-26, ``Sulfur Compounds             1/15/87  .....do....................  Subsection 204-26(a)(2) is
 Emission Control''.                                                                  disapproved for three
                                                                                      Martin Marietta (VI
                                                                                      Alumina Corp), St. Croix,
                                                                                      sources. For applicable
                                                                                      limits, refer to PSD
                                                                                      permit for the facility.
Section 204-27, ``Air Pollution Nuisances       3/2/71  5/31/72, 37 FR 10905.......
 Prohibited''.
Section 204-28, ``Internal Combustion          1/15/87  4/18/94, 59 FR 18309.......
 Engine Limits''.
Section 204-29, ``Upset, Breakdown or          1/15/87  .....do....................
 Scheduled Maintenance''.
Section 204-30, ``Circumvention''........       3/2/71  5/31/72, 37 FR 10905.......
Section 204-31, ``Duty to Report                3/2/71  5/31/72, 37 FR 10905.......
 Discontinuance or Dismantlement''.
Section 204-32, ``Variance Clauses''.....       3/2/71  5/31/72, 37 FR 10905.......
Section 204-33, ``Air Pollution                1/15/87  4/18/94, 59 FR 18309.......
 Emergencies''.
Section 204-35, ``Continuous Emission          1/15/87  .....do....................
 Monitoring''.
Section 204-36, ``Eligibility to Burn          1/15/87  .....do....................
 Waste Fuel A''.
Section 204-37, ``Eligibility to Burn          1/15/87  .....do....................
 Waste Fuels A and B''.
Section 204-38, ``Permit and/or                1/15/87  .....do....................
 Certificate Requirement for Waste Oil
 Facilities''.
Section 204-39, ``Sale or Use of Waste         1/15/87  .....do....................  Reference to Table 1 in
 Fuels A and B''.                                                                     this subsection refers to
                                                                                      Table 1 found in Section
                                                                                      204-20.
Section 204-40, ``Reports, Sampling and        1/15/87  .....do....................  Variances adopted pursuant
 Analysis of Waste Fuels A and B''.                                                   to subsection 204-40(e)
                                                                                      become applicable only if
                                                                                      approved by EPA as SIP
                                                                                      revisions.
Section 204-41, ``Existing Air                 1/15/87  .....do....................
 Contamination Sources for Waste Fuel''.
Section 204-45, ``Standards of                 1/15/87  .....do....................
 Performance for Sulfur Recovery Units at
 Petroleum Refineries''.
Section 206-20, ``Permits Required''.....      1/15/87  .....do....................
Section 206-21, ``Transfer''.............      1/15/87  .....do....................
Section 206-22, ``Applications''.........      1/15/87  .....do....................
Section 206-23, ``Application and Permit       1/15/87  .....do....................
 Fees''.
Section 206-24, ``Cancellation of              1/15/87  .....do....................
 Applications''.

[[Page 1129]]

 
Section 206-25, ``Test Methods''.........      1/15/87  .....do....................  Variances adopted pursuant
                                                                                      to subsection 206-25(c)
                                                                                      become applicable only if
                                                                                      approved by EPA as SIP
                                                                                      revisions.
Section 206-26, ``Permits to Construct''.      1/15/87  .....do....................
Section 206-27, ``Permits to Operate''...      1/15/87  .....do....................
Section 206-28, ``Permit Modifications,        1/15/87  .....do....................
 Suspensions or Revocations and Denials''.
Section 206-29, ``Further Information''..      1/15/87  .....do....................
Section 206-30, ``Appeals''..............      1/15/87  .....do....................
Section 206-30, ``Review of New Sources       10/11/73  8/10/75, 40 FR 42013.......  Subsection 206-30(f)(6) is
 and Modifications''.                                                                 disapproved since sources
                                                                                      of minor significance are
                                                                                      not identified in Section
                                                                                      206-30. A federally
                                                                                      promulgated regulation (40
                                                                                      CFR 52.2775(g)),
                                                                                      correcting this deficiency
                                                                                      and a public participation
                                                                                      deficiency, is applicable.
                                                                                     Two separate subsections
                                                                                      are numbered 206-30 and
                                                                                      are listed here with their
                                                                                      separate titles.
Section 206-31, ``Review of New or            10/11/73  8/10/75, 40 FR 42013.......
 Modified Indirect Sources''.
----------------------------------------------------------------------------------------------------------------


[59 FR 18309, Apr. 18, 1994]



Sec. 52.2774  [Reserved]



Sec. 52.2775  Review of new sources and modifications.

    (a)-(d) [Reserved]
    (e) The requirements of 40 CFR 51.18(h) are not met since section 
206-30 of Chapter 9, Title 12 of the Virgin Islands' Code does not 
provide that information submitted by the owner or operator and the 
agency's analysis including its proposed approval/disapproval decision, 
be made available for public comment for a period of 30 days prior to 
final action.
    (f) Subsection 206-30(f)(6) of section 206-30 of Chapter 9, Title 12 
of the Virgin Islands' Code is disapproved since sources of minor 
significance are not identified in the regulation. Accordingly, all 
sources not listed in subsection 206-30 (f)(1) through (f)(5) will be 
subject to review in accordance with the requirements of section 206-30.
    (g) Regulation for review of new sources and modifications.
    (1) This requirement is applicable to any stationary source subject 
to review under section 206-30 of Chapter 9, Title 12 of the Virgin 
Islands' Code or 40 CFR 52.2775(f).
    (2) Within 30 days after receipt of an application, the Commissioner 
of the Department of Conservation and Cultural Affairs, will notify the 
public, by prominent advertisement in the local news media, of the 
opportunity for public comment on the information submitted by the owner 
or operator.
    (i) Such information, together with the Commissioner's analysis of 
the effect of the construction or modification on air quality including 
the Commissioner's proposed approval or disapproval, will be available 
in at least one location in the affected region.
    (ii) Written public comments submitted within 30 days of the date 
such information is made available will be considered by the 
Commissioner in making his final decision on the application.
    (iii) The Commissioner will make a final decision on the application 
within 30 days after the close of the public comment period. The 
Commissioner will notify the applicant in writing of his approval, 
conditional approval, or disapproval of the application and will set 
forth his reasons for conditional approval or disapproval.

[[Page 1130]]

    (iv) A copy of the notice required by paragraph (h)(2) of this 
section shall also be sent to the Administrator through the appropriate 
regional office, and to all other State and local air pollution control 
agencies having jurisdiction in the region in which such new or modified 
installation will be located. The notice shall also be sent to any other 
agency in the region having responsibility for implementing the 
procedures required under this section.

[37 FR 10905, May 31, 1972, as amended at 40 FR 42013, Sept. 10, 1975]



Sec. Sec. 52.2776-52.2778  [Reserved]



Sec. 52.2779  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable procedures 
for preventing the significant deterioration of air quality.
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are 
hereby incorporated and made a part of the applicable State plan for the 
Virgin Islands.

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



Sec. 52.2780  Control strategy for sulfur oxides.

    (a) The requirements of subpart G of this chapter are not met since 
there has not been a satisfactory demonstration that the Virgin Islands 
plan provides for the attainment and maintenance of the national ambient 
air quality standards for sulfur oxides on the island of St. Croix.
    (b) The following parts of regulation 12 V.I.R. and R. 9:204-26, 
``Sulfur Compounds Emission Control,'' as submitted to EPA on January 
21, 1976 and as amended and resubmitted to EPA on June 3, 1976 are 
approved:
    (1) The entire regulation as it applies to the islands of St. Thomas 
and St. John.
    (2) The entire regulation as it applies to the Virgin Islands Water 
and Power Authority's Christiansted Power Plant on the island of St. 
Croix.
    (3) The entire regulation excluding subsection (a)(2) as it applies 
to the remaining sources on the island of St. Croix.

Subsection (a)(2) of the regulation is not approved as it applies to the 
remaining sources on St. Croix because of the inadequacy of the control 
strategy demonstration noted in paragraph (a) of this section. 
Accordingly, all sources on St. Croix with the exception of the Virgin 
Islands Water and Power Authority's Christiansted Power Plant are 
required to conform to the sulfur-in-fuel-oil limitations contained in 
12 V.I.R. and R. 9:204-26 as originally submitted to EPA on January 31, 
1972.
    (c) Reference to ``Section (a)(2)'' in subsection (d) of 12 V.I.R. 
and R. 9:204-26, as submitted to EPA on January 21, 1976 and as amended 
and resubmitted to EPA on June 3, 1976, refers to the following approved 
limitations: (1) For the islands of St. Thomas and St. John, subsection 
(a)(2) of section 204-26 as submitted to EPA on January 21, 1976 and as 
amended and resubmitted to EPA on June 3, 1976; (2) for the island of 
St. Croix, subsection (a)(2) of section 204-26 as originally submitted 
to EPA on January 31, 1972 and approved by EPA on May 31, 1972.

[41 FR 28493, July 12, 1976, as amended at 41 FR 55531, Dec. 21, 1976; 
43 FR 4016, Jan. 31, 1978; 51 FR 40676, Nov. 7, 1986]



Sec. 52.2781  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met, because the plan does not include approvable procedures for 
protection of visibility in mandatory Class I Federal areas.
    (b) Regulation for visibility monitoring. The provisions of Sec. 
52.26 are hereby incorporated and made a part of the applicable plan for 
the Virgin Islands.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the Virgin 
Islands.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]

[[Page 1131]]



Sec. 52.2782  Small business technical and environmental compliance 
assistance program.

    On January 15, 1993, the Virgin Islands Department of Planning and 
Natural Resources submitted a plan to establish and implement a Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program for incorporation in the Virgin Islands state 
implementation plan. This plan meets the requirements of section 507 of 
the Clean Air Act, and the U.S. Virgin Islands must implement the 
program as approved by EPA.

[59 FR 34386, July 5, 1994]



                       Subpart DDD_American Samoa



Sec. 52.2820  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for American Samoa under section 110 of the Clean 
Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national 
ambient air quality standards.
    (b) Incorporation by reference.
    (1) Material listed in paragraphs (c) and (d) of this section with 
an EPA approval date prior to June 1, 2005, was approved for 
incorporation by reference by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is 
incorporated as it exists on the date of the approval, and notice of any 
change in the material will be published in the Federal Register. 
Entries in paragraphs (c) and (d) of this section with EPA approval 
dates after June 1, 2005, will be incorporated by reference in the next 
update to the SIP compilation.
    (2) EPA Region IX certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
implementation plan as of June 1, 2005.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region IX EPA Office at 75 Hawthorne Street, San 
Francisco, CA 94105; the Air and Radiation Docket and Information 
Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue, 
NW., Room B108, Washington, DC; or the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call (202) 741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
    (c) EPA approved regulations.

                       Table 52.2820--EPA Approved Territory of American Samoa Regulations
----------------------------------------------------------------------------------------------------------------
                                                       Effective
        State citation             Title/subject          date          EPA approval date         Explanation
----------------------------------------------------------------------------------------------------------------
Air Pollution Control Rules
 and Regulations
Section 1.0..................  Definitions (1.0.1-      6/08/1972  3/02/1976, 41 FR 8956
                                1.0.18).
Section 1.1..................  Approval of New          6/08/1972  3/02/1976, 41 FR 8956
                                Sources: Permit to
                                Operate (1.1.1-
                                1.1.14).
Section 1.2..................  Source Monitoring,       6/08/1972  3/02/1976, 41 FR 8956
                                Record Keeping, and
                                Reporting (1.2.1-
                                1.2.2).
Section 1.3..................  Sampling and Testing     6/08/1972  3/02/1976, 41 FR 8956
                                Methods (1.3.1-
                                1.3.2).
Section 1.4..................  Malfunction of           6/08/1972  3/02/1976, 41 FR 8956
                                Equipment; Reporting
                                (1.4.1-1.4.2).
Section 1.5..................  Prohibition of Air       6/08/1972  3/02/1976, 41 FR 8956
                                Pollution.
Section 1.6..................  Compliance Schedule      6/08/1972  3/02/1976, 41 FR 8956
                                (1.6.1, Existing
                                Sources).
Section 1.7..................  Circumvention........    6/08/1972  3/02/1976, 41 FR 8956
Section 1.8..................  Severability.........    6/08/1972  3/02/1976, 41 FR 8956
Section 1.9..................  Ambient Air Quality      6/08/1972  3/02/1976, 41 FR 8956
                                Standards (1.9.1-
                                1.9.2).
Section 2.1..................  Control of Open          6/08/1972  3/02/1976, 41 FR 8956
                                Burning.
                               Control of
                                Particulate
                                Emissions.
Section 3.1..................  Visible Emissions        6/08/1972  3/02/1976, 41 FR 8956
                                (3.1.1-3.1.2).
Section 3.2..................  Fugitive Dust (3.2.1-    6/08/1972  3/02/1976, 41 FR 8956
                                3.2.3).
Section 3.3..................  Incineration (3.3.1-     6/08/1972  3/02/1976, 41 FR 8956
                                3.3.4).
Section 3.4..................  Fuel Burning             6/08/1972  3/02/1976, 41 FR 8956
                                Equipment (3.4.1-
                                3.4.2).

[[Page 1132]]

 
Section 3.5..................  Process Industries--     6/08/1972  3/02/1976, 41 FR 8956
                                General (3.5.1,
                                3.5.3-3.5.5).
Table 1......................  Particulate Emission     6/08/1972  3/02/1976, 41 FR 8956
                                Allowable Based on
                                Process Weight.
Section 3.6..................  Sampling Methods         6/08/1972  3/02/1976, 41 FR 8956
                                (3.6.1).
                               Control of Sulfur
                                Compound Emissions.
Section 4.1..................  Fuel Combustion          6/08/1972  3/02/1976, 41 FR 8956
                                (4.1.1).
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved State source specific requirements.

----------------------------------------------------------------------------------------------------------------
                                                        Effective
  Name of source               Permit No.                  date          EPA approval date         Explanation
----------------------------------------------------------------------------------------------------------------
None
----------------------------------------------------------------------------------------------------------------

    (e) [Reserved]

[70 FR 53566, Sept. 9, 2005]



Sec. 52.2821  Classification of regions.

    The American Samoa 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)
----------------------------------------------------------------------------------------------------------------
American Samoa.......................................         III        III       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10906, May 31, 1972]



Sec. 52.2822  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves American Samoa's plan for the attainment and maintenance of the 
national standards.

[39 FR 8617, Mar. 6, 1974]



Sec. 52.2823  Original identification of plan.

    (a) This section identified the original ``Implementation Plan for 
Compliance With the Ambient Air Quality Standards for the Territory of 
American Samoa'' and all revisions submitted by the Territory of 
American Samoa that were federally approved prior to June 1, 2005.
    (b) The plan was officially submitted on January 27, 1972.
    (1) Previously approved on May 31, 1972 and now deleted without 
replacement Chapter 35.01, Section 35.0113 of the Environmental Quality 
Act.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Revised legal authority submitted on March 9, 1972, by the 
Environmental Quality Commission.
    (2) Letter indicating formal adoption of the implementation plan 
submitted on March 23, 1972, by the Environmental Quality Commission.
    (3) Letter regarding comments on the plan and indicating intent to 
submit a revised plan submitted on April 28, 1972, by the Environmental 
Quality Commission.

[[Page 1133]]

    (4) Formally adopted rules and regulations for the entire Territory 
submitted on June 8, 1972, by the Environmental Quality Commission.
    (5) The following amendments to the plan were submitted on November 
22, 1982, by the Governor.
    (i) Negative declaration indicating no Lead sources in American 
Samoa.

[37 FR 10906, May 31, 1972, as amended at 41 FR 8969, Mar. 2, 1976; 50 
FR 32698, Aug. 14, 1985; 62 FR 34648, June 27, 1997. Redesignated and 
amended at 70 FR 53566, Sept. 9, 2005]



Sec. 52.2824  Review of new sources and modifications.

    (a) The requirements of subpart I of this chapter are not met since 
the Territory of American Samoa failed to submit a plan for review of 
new or modified indirect sources.
    (b) Regulation for review of new or modified indirect sources: The 
provisions of Sec. 52.22(b) are hereby incorporated by reference and 
made a part of the applicable implementation plan for the Territory of 
American Samoa.

[39 FR 8617, Mar. 6, 1974, as amended at 51 FR 40677, Nov. 7, 1986]



Sec. Sec. 52.2825-52.2826  [Reserved]



Sec. 52.2827  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable procedures 
for preventing the significant deterioration of air quality.
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are 
hereby incorporated and made a part of the applicable State plan for 
American Samoa.

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



             Subpart EEE_Approval and Promulgation of Plans



Sec. 52.2850  Approval and promulgation of implementation plans.

    State plans consisting of control strategies, rules, and 
regulations, and, in certain instances, compliance schedules, which the 
Administrator has determined meet the requirements of section 16 of the 
``Clean Air Amendments of 1970'' have been approved as follows:

                                Delaware

    An implementation plan for the State's portion of the Philadelphia 
Interstate Air Quality Control Region was received by the Department of 
Health, Education, and Welfare on June 30, 1970. Supplemental 
information was received October 20, 1970. The Administrator has 
determined that the State's control strategy for sulfur oxides, as set 
forth in this implementation plan, is adequate for attainment of the 
national primary ambient air quality standards for sulfur oxides. 
Therefore, the Administrator has approved such control strategy, 
together with specified rules and regulations and the compliance 
schedule pertaining thereto.

                               New Jersey

    An implementation plan for the State's portion of the Philadelphia 
Interstate Air Quality Control Region was received by the Department of 
Health, Education, and Welfare on May 26, 1970. Supplemental information 
was submitted September 23, 1970. TheAdministrator has determined that 
the State's control strategy for sulfur oxides, as set forth in this 
implementation plan, is adequate for attainment of the national primary 
ambient air quality standards for sulfur oxides. Therefore, the 
Administrator has approved such control strategy, together with 
specified rules and regulations and the compliance schedule pertaining 
thereto.

                              Pennsylvania

    An implementation plan for the State's portion of the Philadelphia 
Interstate Air Quality Control Region was received by the Department of 
Health, Education, and Welfare on May 4, 1970. Supplemental information 
was received August 4, 1970. The Administrator has determined that the 
State's control strategy for sulfur oxides, as set forth in this 
implementation plan, is adequate for attainment of the national primary 
ambient air quality standards for sulfur oxides. Therefore, the 
Administrator has approved such control strategy, together with 
specified rules and regulations pertaining thereto.

                                 Kansas

    An implementation plan for the State's portion of the Kansas City 
Interstate Air Quality Control Region was received by the Department of 
Health, Education, and Welfare on November 19, 1970. The Administrator 
has determined that the State's control strategy for particulate matter, 
as set forth in this implementation plan, is adequate for

[[Page 1134]]

attainment of the national primary and secondary ambient air quality 
standards for particulate matter. Therefore, the Administrator has 
approved such control strategy, together with specified rules and 
regulations and the compliance schedule pertaining thereto.

                                Virginia

    An implementation plan for the State's portion of the National 
Capital Interstate Air Quality Control Region was received by the 
Department of Health, Education, and Welfare on April 29, 1970. 
Supplemental information was received August 10 and 14, 1970. The 
Administrator has determined that the State's control strategy for 
sulfur oxides and particulate matter, as set forth in this 
implementation plan, is adequate for attainment of the National primary 
and secondary ambient air quality standards for sulfur oxides and 
particulate matter. Therefore, the Administrator has approved such 
control strategy, together with specified rules and regulations and the 
compliance schedules pertaining thereto.

                                Maryland

    An implementation plan for the State's portion of the National 
Capital Interstate Air Quality Control Region was received by the 
Department of Health, Education, and Welfare on May 28, 1970. 
Supplemental information was submitted August 7 and 21, 1970. The 
Administrator has determined that the State's control strategy for 
sulfur oxides and particulate matter, as set forth in this 
implementation plan, is adequate for attainment of the national primary 
and secondary ambient air quality standards for sulfur oxides and 
particulate matter. Therefore, the Administrator has approved such 
control strategy, together with specified rules and regulations, as well 
as the compliance schedule pertaining to the sulfur oxides standards.

                                Maryland

    An implementation plan for the Baltimore Intrastate Air Quality 
Control Region was submitted to the Environmental Protection Agency on 
December 23, 1970. The Administrator as determined that the State's 
control strategy for sulfur oxides, as set forth in this implementation 
plan, is adequate for attainment of the national primary ambient air 
quality standards for sulfur oxides. The Administrator has also 
determined that the State's control strategy for particulate matter, as 
set forth in this implementation plan, is adequate for attainment of the 
national primary and secondary ambient air quality standards for 
particulate matter. Therefore, the Administrator has approved such 
control strategies, together with specified rules and regulations, as 
well as the compliance schedule pertaining to the sulfur oxides 
standards.

                                Colorado

    An implementation plan for the Denver Intrastate Air Quality Control 
Region was received by the Department of Health, Education, and Welfare 
on May 12, 1970, and was amended by letter dated November 10, 1970. The 
Administrator has determined that the State's control strategy for 
particulate matter, as set forth in this implementation plan, is 
adequate for attainment of the national primary ambient air quality 
standards for particulate matter. The Administrator has also determined 
that the State's control strategy for sulfur oxides, as set forth in 
this implementation plan, is adequate for maintaining the national 
secondary ambient air quality standards for sulfur oxides. Therefore, 
the Administrator has approved such control strategies, together with 
specified rules and regulations and the compliance schedules pertaining 
thereto.

                                Missouri

    An implementation plan for the State's portion of the Kansas City 
Intrastate Air Quality Control Region was received by the Department of 
Health, Education, and Welfare on October 14, 1970. The Administrator 
has determined that the State's control strategy for particulate matter, 
as set forth in this implementation plan, is adequate for attainment of 
the national primary and secondary ambient air quality standards for 
particulate matter. Therefore, the Administrator has approved such 
control strategy, together with specified rules and regulations and the 
compliance schedules pertaining thereto.

                          District of Columbia

    An implementation plan for the District's portion of the National 
Capital Interstate Air Quality Control Region was received by the 
Department of Health, Education, and Welfare on May 6, 1970. 
Supplemental information was received August 24, 1970. The Administrator 
has determined that the District's control strategy for sulfur oxides 
and particulate matter, as set forth in this implementation plan, is 
adequate for attainment of the national primary and secondary ambient 
air quality standards for sulfur oxides and particulate matter. 
Therefore, the Administrator has approved such control strategy, 
together with specified rules and regulations pertaining thereto.

                              Massachusetts

    An implementation plan for the Boston Intrastate Air Quality Control 
Region was received by the Department of Health, Education, and Welfare 
on September 16, 1970. The Administrator has determined that the State's 
control strategy for sulfur oxides,as

[[Page 1135]]

set forth in this implementation plan, is adequate for attainment of the 
national primary ambient air quality standards for sulfur oxides. 
Therefore, the Administrator has approved such control strategy, 
together with specified rules and regulations and the compliance 
schedules pertaining thereto.

[37 FR 2581, Feb. 2, 1972. Redesignated at 37 FR 10846, May 31, 1972]



        Subpart FFF_Commonwealth of the Northern Mariana Islands



Sec. 52.2900  Negative declaration.

    (a) Air Pollution Implementation Plan for the Commonwealth of the 
Northern Mariana Islands.
    (1) Letter of December 15, 1982, from the Governor to EPA, which is 
a negative declaration indicating no major lead sources and continued 
attainment and maintenance of the National Standards for lead.

[51 FR 40799, Nov. 10, 1986]



Sec. 52.2920  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for the Commonwealth of the Northern Mariana Islands 
under section 110 of the Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR 
part 51 to meet national ambient air quality standards.
    (b) Incorporation by reference.
    (1) Material listed in paragraphs (c) and (d) of this section with 
an EPA approval date prior to June 1, 2005, was approved for 
incorporation by reference by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is 
incorporated as it exists on the date of the approval, and notice of any 
change in the material will be published in the Federal Register. 
Entries in paragraphs (c) and (d) of this section with EPA approval 
dates after June 1, 2005, will be incorporated by reference in the next 
update to the SIP compilation.
    (2) EPA Region IX certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
implementation plan as of June 1, 2005.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region IX EPA Office at 75 Hawthorne Street, San 
Francisco, CA 94105; the Air and Radiation Docket and Information 
Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue, 
NW., Room B108, Washington, DC; or the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call (202) 741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
    (c) EPA approved regulations.

              Table 52.2920--EPA Approved Commonwealth of the Northern Mariana Islands Regulations
----------------------------------------------------------------------------------------------------------------
                                                       Effective
        State citation             Title/subject          date          EPA approval date         Explanation
----------------------------------------------------------------------------------------------------------------
Air Pollution Control
 Regulations:
    Part I...................  Authority............   01/19/1987  11/13/1987, 52 FR 43574     .................
    Part II..................  Purpose and Policy...   01/19/1987  11/13/1987, 52 FR 43574
    Part III.................  Policy...............   01/19/1987  11/13/1987, 52 FR 43574     .................
    Part IV..................  Definitions (a--www).   01/19/1987  11/13/1987, 52 FR 43574     .................
    Part V...................  Permitting of New       01/19/1987  11/13/1987, 52 FR 43574     .................
                                Sources And
                                Modifications (A--M).
    Part VI..................  Registration of         01/19/1987  11/13/1987, 52 FR 43574     .................
                                Existing Sources (A--
                                D).
    Part VII.................  Sampling, Testing and   01/19/1987  11/13/1987, 52 FR 43574
                                Reporting Methods
                                (A--D).
    Part VIII................  Prohibition of Air      01/19/1987  11/13/1987, 52 FR 43574     .................
                                Pollution.
        Paragraph A..........  Control of Open
                                Burning
        Paragraph B..........  Control of Visible
                                Emissions
        Paragraph C..........  Control of Emissions
                                from Motor Vehicles
        Paragraph D..........  Control of Fugitive
                                Dust and Other
                                Particulate Matter

[[Page 1136]]

 
        Paragraph E..........  Control of
                                Incineration
        Paragraph F..........  Control of Process
                                Industries
        Table VIII-1.........  Process Weight Rate
        Paragraph G..........  Control of Sulfur
                                Oxides From Fuel
                                Combustion
        Paragraph H..........  Variances to
                                Prohibition of Air
                                Pollution
    Part IX..................  Fees (A--B)..........   01/19/1987  11/13/1987, 52 FR 43574     .................
    Part X...................  Public Participation    01/19/1987  11/13/1987, 52 FR 43574     .................
                                (A-E).
    Part XI..................  Enforcement (A-E)....   01/19/1987  11/13/1987, 52 FR 43574     .................
    Part XII.................  Severability.........   01/19/1987  11/13/1987, 52 FR 43574     .................
    Part XIII................  Effective Date.......   01/19/1987  11/13/1987, 52 FR 43574     .................
    Part XIV.................  Certification........   01/19/1987  11/13/1987, 52 FR 43574     .................
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved State source specific requirements.

----------------------------------------------------------------------------------------------------------------
                                                     Effective
     Name of source             Permit number           date         EPA approval date          Explanation
----------------------------------------------------------------------------------------------------------------
None                      ........................  ...........  ........................  .....................
----------------------------------------------------------------------------------------------------------------

    (e) [Reserved]

[70 FR 44480, Aug. 3, 2005]



Sec. 52.2921  Original identification of plan.

    (a) This section identified the original ``Implementation Plan for 
Compliance With the Ambient Air Quality Standards for the Commonwealth 
of the Northern Mariana Islands' and all revisions submitted by the 
Commonwealth of the Northern Mariana Islands that were federally 
approved prior to June 1, 2005.
    (b) [Reserved]
    (c) The plan revisions described below were officially submitted on 
the dates specified.
    (1) On February 19, 1987 the Governor's representative submitted 
regulations adopted as signed on December 15, 1986 and published in the 
Commonwealth Register, Volume 9, Number 1, pages 4862-94, on January 19, 
1987, as follows:
    (i) Incorporation by reference. (A) ``CNMI AIR POLLUTION CONTROL 
REGULATIONS'' pertaining to the preconstruction review of new and 
modified major sources of lead, as follows.

Part I--Authority
Part II--Purpose and Policy
Part III--Policy
Part IV--Definitions
Part V--Permitting of New Sources and Modifications
Part VI--Registration of Existing Sources
Part VII--Sampling, Testing and Reporting Methods
Part IX--Fees
Part X--Public Participation
Part XI--Enforcement
Part XII--Severability
Part XIII--Effective Date
Part XIV--Certification

[52 FR 43574, Nov. 13, 1987. Redesignated and amended at 70 FR 44480, 
Aug. 3, 2005]



                Sec. Appendixes A-C to Part 52 [Reserved]



 Sec. Appendix D to Part 52--Determination of Sulfur Dioxide Emissions 
             From Stationary Sources by Continuous Monitors

    1. Definitions.
    1.1 Concentration Measurement System. The total equipment required 
for the continuous determination of SO2 gas concentration in 
a given source effluent.
    1.2 Span. The value of sulfur dioxide concentration at which the 
measurement system is set to produce the maximum data display output. 
For the purposes of this method, the span shall be set at the expected

[[Page 1137]]

maximum sulfur dioxide concentration except as specified under section 
5.2, Field Test for Accuracy.
    1.3 Accuracy (Relative). The degree of correctness with which the 
measurement system yields the value of gas concentration of a sample 
relative to the value given by a defined reference method. This accuracy 
is expressed in terms of error which is the difference between the 
paired concentration measurements expressed as a percentage of the mean 
reference value.
    1.4 Calibration Error. The difference between the pollutant 
concentration indicated by the measurement system and the known 
concentration of the test gas mixture.
    1.5 Zero Drift. The change in measurement system output over a 
stated period of time of normal continuous operation when the pollutant 
concentration at the time for the measurement is zero.
    1.6 Calibration Drift. The change in measurement system output over 
a stated period of time of normal continuous operation when the 
pollutant concentration at the time of the measurement is the same known 
upscale value.
    1.7 Response Time. The time interval from a step change in pollutant 
concentration at the input to the measurement system to the time at 
which 95 percent of the corresponding final value is reached as 
displayed on the measurement system data presentation device.
    1.8 Operational Period. A minimum period of time over which a 
measurement system is expected to operate within certain performance 
specifications without unscheduled maintenance, repair or adjustment.
    1.9 Reference Method. The reference method for determination of 
SO2 emissions shall be Method 8 as delineated in Part 60 of 
this chapter. The analytical and computational portions of Method 8 as 
they relate to determination of sulfuric acid mist and sulfur trioxide, 
as well as isokinetic sampling, may be omitted from the overall test 
procedure.
    2. Principle and Applicability.
    2.1 Principle. Gases are continuously sampled in the stack emissions 
and analyzed for sulfur dioxide by a continuously operating emission 
measurement system. Performance specifications for the continuous 
measurement systems are given. Test procedures are given to determine 
the capability of the measurement systems to conform to the performance 
specifications. Sampling may include either the extractive or 
nonextractive (in-situ) approach.
    2.2 Applicability. The performance specifications are given for 
continuous sulfur dioxide measurement systems applied to nonferrous 
smelters.
    3. Apparatus.
    3.1 Calibration Gas Mixture. Mixture of a known concentrations of 
sulfur dioxide in oxygen-free nitrogen. Nominal volumetric 
concentrations of 50 percent and 90 percent of span are recommended. The 
mixture of 90 percent of span is to be used to set and to check the span 
and is referred to as the span gas. The gas mixtures shall be analyzed 
by the Reference Method at least two weeks prior to use or demonstrated 
to be accurate and stable by an alternate method subject to approval of 
the Administrator.
    3.2 Zero Gas. A gas containing less than 1 ppm sulfur dioxide.
    3.3 Equipment for measurement of sulfur dioxide concentration using 
the Reference Method.
    3.4 Chart Record. Analog chart recorder, input voltage range 
compatible with analyzer system output.
    3.5 Continuous measurement system for sulfur dioxide.
    4. Measurement System Performance Specifications.
    The following performance specifications shall be met in order that 
a measurement system shall be considered acceptable under this method.

                   Table I--Performance Specifications
------------------------------------------------------------------------
           Parameter \a\                        Specification
------------------------------------------------------------------------
1. Accuracy \a\...................  <=20 percent of reference mean
                                     value.
2. Calibration Error \a\..........  <=5 percent of each (50%, and 30%)
                                     calibration gas mixture.
3. Zero Drift (2-hours) \a\.......  <=2 percent of emission standard.
4. Zero Drift (24-hours) \a\......  <=4 percent of emission standard.
5. Calibration Drift (2-hours) \a\  <=2 percent of emission standard.
6. Calibration Drift (24-hours)     <=5 percent of emission standard.
 \a\.
7. Response Time..................  <=5 minutes maximum.
8. Operational Period.............  <=168 hours minimum.
------------------------------------------------------------------------
\a\ Expressed as sum of absolute mean value plus 95 percent confidence
  interval of a series of tests.

    5. Performance Specification Test Procedures.
    The following test procedures shall be used to determine compliance 
with the requirements of paragraph 4:
    5.1 Calibration test.
    5.1.1 Analyze each calibration gas mixture (50 percent, 90 percent) 
for sulfur dioxide by the Reference method and record the results on the 
example sheet shown in Figure D-1. This step may be omitted for 
nonextractive

[[Page 1138]]

monitors where dynamic calibration gas mixtures are not used (see 
section 5.1.2).
    5.1.2 Set up and calibrate the complete measurement system according 
to the manufacturer's written instructions. This may be accomplished 
either in the laboratory or in the field. Make a series of five 
nonconsecutive readings with span gas mixtures alternately at each 
concentration (example, 50 percent, 90 percent, 50 percent, 90 percent, 
50 percent). For nonextractive measurement systems, this test may be 
performed using procedures specified by the manufacturer and two or more 
calibration gases whose concentrations are certified by the manufacturer 
and differ by a factor of two or more. Convert the measurement system 
output readings to ppm and record the results on the example sheet shown 
in Figure D-2.
    5.2 Field Test for Accuracy (Relative), Zero Drift and Calibration 
Drift. Install and operate the measurement system in accordance with the 
manufacturer's written instructions and drawings as follows:
    5.2.1 Conditioning Period. Offset the zero setting at least 10 
percent of span so that negative zero drift may be quantified. Operate 
the system for an initial 168-hour conditioning period. During this 
period the system should measure the SO2 content of the 
effluent in a normal operational manner.
    5.2.2 Operational Test Period. Operate the system for an additional 
168-hour period. The system shall be monitoring the source effluent at 
all times when not being zeroed, calibrated or backpurged.
    5.2.2.1 Field Test for Accuracy (Relative). The analyzer output for 
the following test shall be maintained between 20 percent and 90 percent 
of span. It is recommended that a calibrated gas mixture be used to 
verify the span setting utilized. During this 168-hour test period, make 
a minimum of nine (9) SO2 concentration measurements using 
the Reference Method with a sampling period of one hour. If a 
measurement system operates across the stack or a portion of it, the 
Reference Method test shall make a four-point traverse over the 
measurement system operating path. Isokinetic sampling and analysis for 
SO3 and H2 SO4 mist are not required. 
For measurement systems employing extractive sampling, place the 
measurement system and the Reference Method probe tips adjacent to each 
other in the duct. One test will consist of two simultaneous samples 
with not less than two analyses on each sample. Record the test data and 
measurement system concentrations on the example sheet shown in Figure 
D-3.
    5.2.2.2 Field Test for Zero Drift and Calibration Drift. Determine 
the values given by zero and span gas SO2 concentrations at 
2-hour intervals until 15 sets of data are obtained. Alternatively, for 
nonextractive measurement systems, determine the values given by an 
electrically or mechanically produced zero condition, and by inserting a 
certified calibration gas concentration equivalent to not less than 20 
percent of span, into the measurement system. Record these readings on 
the example sheet shown in Figure D-4. These 2-hour periods need not be 
consecutive but may not overlap. If the analyzer span is set at the 
expected maximum concentration for the tests performed under section 
5.2.2, then the zero and span determinations to be made under this 
paragraph may be made concurrent with the tests under section 5.2.2.1. 
Zero and calibration corrections and adjustments are allowed only at 24-
hour intervals (except as required under section 5.2.2) or at such 
shorter intervals as the manufacturer's written instructions specify. 
Automatic corrections made by the measurement system without operator 
intervention or initiation are allowable at any time. During the entire 
168-hour test period, record the values given by zero and span gas 
SO2 concentrations before and after adjustment at 24-hour 
intervals in the example sheet shown in Figure D-5.
    5.3 Field Test for Response Time.
    5.3.1 This test shall be accomplished using the entire measurement 
system as installed including sample transport lines if used. Flow 
rates, line diameters, pumping rates, pressures (do not allow the 
pressurized calibration gas to change the normal operating pressure in 
the sample line), etc., shall be at the nominal values for normal 
operation as specified in the manufacturer's written instructions. In 
the case of cyclic analyzers, the response time test shall include one 
cycle.
    5.3.2 Introduce a zero concentration of SO2 into the 
measurement system sampling interface or as close to the sampling 
interface as possible. When the system output reading has stabilized, 
switch quickly to a known concentration of SO2 at 70 to 90 
percent of span. Record the time from concentration switching to final 
stable response. After the system response has stabilized at the upper 
level, switch quickly to a zero concentration of SO2. Record 
the time from concentration switching to final stable response. 
Alternatively, for nonextractive monitors, a calibration gas 
concentration equivalent to 20 percent of span or more may be switched 
into and out of the sample path and response times recorded. Perform 
this test sequence three (3) times. For each test record the results on 
the example sheet shown in Figure D-6.
    6. Calculations, Data Analysis and Reporting.
    6.1 Procedure for determination of mean values and confidence 
intervals.
    6.1.1 The mean value of a data set is calculated according to 
equation D-1.

[[Page 1139]]

[GRAPHIC] [TIFF OMITTED] TR08MY98.000

Where:

xi=individual values.
[Sigma]=sum of the individual values.
x=mean value.
n=number of data points.

    6.1.2 The 95 percent confidence interval (two-sided) is calculated 
according to equation D-2.
[GRAPHIC] [TIFF OMITTED] TR08MY98.001

Where:

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

                        Typical Values for t1-a/2
------------------------------------------------------------------------
     n          t.975          n         t.975         n         t.975
------------------------------------------------------------------------
       2       12.706            7       2.447          12       2.201
       3        4.303            8       2.365          13       2.179
       4        3.182            9       2.306          14       2.160
       5        2.776           10       2.262          15       2.145
       6        2.571           11       2.228          16       2.131
------------------------------------------------------------------------

    The values in this table are already corrected for n-1 degrees of 
freedom. Use n equal to the number of samples as data points.
    6.2 Data Analysis and Reporting.
    6.2.1 Accuracy (Relative). For each of the nine reference method 
testing periods, determine the average sulfur dioxide concentration 
reported by the continuous measurement system. These average 
concentrations shall be determined from the measurement system data 
recorded under section 5.2.2.1 by integrating the pollutant 
concentrations over each of the time intervals concurrent with each 
reference method test, then dividing by the cumulative time of each 
applicable reference method testing period. Before proceeding to the 
next step, determine the basis (wet or dry) of the measurement system 
data and reference method test data concentrations.
    If the bases are not consistent, apply a moisture correction to 
either the referenced method concentrations or the measurement system 
concentrations, as appropriate. Determine the correction factor by 
moisture tests concurrent with the reference method testing periods. 
Report the moisture test method and the correction procedure employed. 
For each of the nine test runs, subtract the Reference Method test 
concentrations from the continuous monitoring system average 
concentrations. Using these data, compute the mean difference and the 95 
percent confidence interval using equations D-1 and D-2. Accuracy is 
reported as the sum of the absolute value of the mean difference and the 
95 percent confidence interval expressed as a percentage of the mean 
reference method value. Use the example sheet shown in Figure D-3.
    6.2.2 Calibration Error. Using the data from section 5.1 of this 
appendix, subtract the measured SO2 value determined under 
section 5.1.1 (Figure D-1) from the value shown by the measurement 
system for each of the 5 readings at each concentration measured under 
section 5.1.2 (Figure D-2). Calculate the mean of these difference 
values and the 95 percent confidence intervals according to equations D-
1 and D-2. The calibration error is reported as the sum of absolute 
value of the mean difference and the 95 percent confidence interval as a 
percentage of each respective calibration gas concentration. Use example 
sheet shown in Figure D-2.
    6.2.3 Zero Drift (2-hour). Using the zero concentration values 
measured each two hours during the field test, calculate the differences 
between consecutive two-hour readings expressed in ppm. Calculate the 
mean difference and the confidence interval using Equations D-1 and D-2. 
Report the zero drift as the sum of the absolute mean value and the 
confidence interval as a percentage of the emission standard. Use 
example sheet shown in Figure D-4.
    6.2.4 Zero Drift (24-hour). Using the zero concentration values 
measured every 24 hours during the field test, calculate the differences 
between the zero point after zero adjustment and the zero value 24 hours 
later just prior to zero adjustment. Calculate the mean value of these 
points and the confidence interval using Equations D-1 and D-2. Report 
the zero drift as the sum of the absolute mean and confidence interval 
as a percentage of the emission standard. Use example sheet shown in 
Figure D-5.
    6.2.5 Calibration Drift (2-hour). Using the calibration values 
obtained at two-hour intervals during the field test, calculate the 
differences between consecutive two-hour readings expressed as ppm. 
These values should be corrected for the corresponding zero drift during 
that two-hour period. Calculate the mean and confidence interval of 
these corrected difference values using Equations D-1 and D-2. Do not 
use the differences between non-consecutive readings. Report the 
calibration drift as the sum of the absolute mean and confidence 
interval as a percentage of the emission standard. Use the example sheet 
shown in Figure D-4.
    6.2.6 Calibration Drift (24-hour). Using the calibration values 
measured every 24 hours

[[Page 1140]]

during the field test, calculate the differences between the calibration 
concentration reading after zero and calibration adjustment and the 
calibration concentration reading 24 hours later after zero adjustment 
but before calibration adjustment. Calculate the mean value of these 
differences and the confidence interval using equations D-1 and D-2. 
Report the sum of the absolute mean and confidence interval as a 
percentage of the emission standard. Use the example sheet shown in 
Figure D-5.
    6.2.7 Response Time. Using the charts from section 5.3 of this 
Appendix, calculate the time interval from concentration switching to 95 
percent to the final stable value for all upscale and downscale tests. 
Report the mean of the three upscale test times and the mean of the 
three downscale test times. For nonextractive instruments using a 
calibration gas cell to determine response time, the observed times 
shall be extrapolated to 90 percent of full scale response time. For 
example, if the observed time for a 20 percent of span gas cell is one 
minute, this would be equivalent to a 4\1/2\-minute response time when 
extrapolated to 90 percent of span. The two average times should not 
differ by more than 15 percent of the slower time. Report the slower 
time as the system response time. Use the example sheet shown in Figure 
D-6.
    6.2.8 Operational Period. During the 168-hour performance and 
operational test period, the measurement system shall not require any 
corrective maintenance, repair, replacement, or adjustment other than 
that clearly specified as required in the operation and maintenance 
manuals as routine and expected during a one-week period. If the 
measurement system operates within the specified performance parameters 
and does not require corrective maintenance, repair, replacement or 
adjustment other than specified above, during the 168-hour test period, 
the operational period will be successfully concluded. Failure of the 
measurement to meet this requirement shall call for a repetition of the 
168-hour test period. Portions of the test which were satisfactorily 
completed need not be repeated. Failure to meet any performance 
specifications shall call for a repetition of the one-week performance 
test period and that portion of the testing which is related to the 
failed specification. All maintenance and adjustments required shall be 
recorded. Output readings shall be recorded before and after all 
adjustments.
    6.2.9 Performance Specifications Testing Frequency. In the event 
that significant repair work is performed in the system, the company 
shall demonstrate to the Administrator that the system still meets the 
performance specifications listed in Table I of this appendix. The 
Administrator may require a performance test at any time he determines 
that such test is necessary to verify the performance of the measurement 
system.
    7. References.
    7.1 Monitoring Instrumentation for the Measurement of Sulfur Dioxide 
in Stationary Source Emissions, Environmental Protection Agency, 
Research Triangle Park, N.C., February 1973.
    7.2 Instrumentation for the Determination of Nitrogen Oxides Content 
of Stationary Source Emissions, Environmental Protection Agency, 
Research Triangle Park, N.C., APTD 0847, Vol. I, October 1971; APTD 
0942, Vol. II, January 1972.
    7.3 Experimental Statistics, Department of Commerce, Handbook 91, 
1963, p. 3-31, paragraphs 3-3.1.4.
    7.4 Performance Specifications for Stationary-Source Monitoring 
Systems for Gases, and Visible Emissions, Environmental Protection 
Agency, Research Triangle Park, N.C., EPA-650/2-74-013, January 1974.

            Figure D-1--Analysis of Calibration Gas Mixtures
            Date ---------- Reference Method Used ----------
                    Mid Range Calibration Gas Mixture
 
Sample 1........................................................     ppm
Sample 2........................................................     ppm
Sample 3........................................................     ppm
Average.........................................................     ppm
 
                High Range (span) Calibration Gas Mixture
 
Sample 1........................................................     ppm
Sample 2........................................................     ppm
Sample 3........................................................     ppm
Average.........................................................     ppm
 


               Figure D-2--Calibration Error Determination
Calibration gas mixture data (from fig. D-1): Mid (50 percent) average --
               -- p/m, high (90 percent) average ---- p/m
                     [See footnotes at end of table]
------------------------------------------------------------------------
              Calibration gas     Measurement system   Differences, p/m
  Run No.    concentration \1\       reading, p/m             \2\
------------------------------------------------------------------------
         1
------------------------------------------------------------------------
         2
------------------------------------------------------------------------
         3
------------------------------------------------------------------------
         4
------------------------------------------------------------------------
         5
------------------------------------------------------------------------

[[Page 1141]]

 
         6
------------------------------------------------------------------------
         7
------------------------------------------------------------------------
         8
------------------------------------------------------------------------
         9
------------------------------------------------------------------------
         1
------------------------------------------------------------------------
        11
------------------------------------------------------------------------
        12
------------------------------------------------------------------------
        13
------------------------------------------------------------------------
        14
------------------------------------------------------------------------
        15
------------------------------------------------------------------------


------------------------------------------------------------------------
                                                   Percent of full scale
                                                          reading
                                                 -----------------------
                                                    50% mid    90% high
------------------------------------------------------------------------
Mean difference.................................  ..........  ..........
Confidence interval.............................      
      Sec. Appendix E to Part 52--Performance Specifications and, 
Specification Test Procedures for Monitoring Systems for Effluent Stream 
                        Gas Volumetric Flow Rate

    1. Principle and applicability.
    1.1 Principle. Effluent stream gas volumetric flow rates are sampled 
and analyzed by a continuous measurement system. To verify the 
measurement system performance, values obtained from the measurement 
system are compared against simultaneous values obtained using the 
reference method. These comparison tests will be performed to determine 
the relative accuracy, and drift of the measurement system over the 
range of operating conditions expected to occur during normal operation 
of the source. If the measurement system is such that the specified 
tests in section 5.1 for drift do not apply, those test procedures shall 
be disregarded.

[[Page 1143]]

    1.2 Applicability. This method is applicable to subparts which 
require continuous gas volumetric flow rate measurement. Specifications 
are given in terms of performance. Test procedures are given for 
determining compliance with performance specifications.
    2. Apparatus.
    2.1 Continuous measurement system for determining stack gas 
volumetric flow rate.
    2.2 Equipment for measurement of stack gas volumetric flow rate as 
specified in the reference method.
    3. Definitions.
    3.1 Measurement system. The total equipment required for the 
determination of the gas volumetric flow rate in a duct or stack. The 
system consists of three major subsystems:
    3.1.1 Sampling interface. That portion of the measurement system 
that performs one or more of the following operations: Delineation, 
acquisition, transportation, and conditioning of a signal from the stack 
gas and protection of the analyzer from any hostile aspects of the 
source environment.
    3.1.2 Analyzer. That portion of the measurement system which senses 
the stack gas flow rate or velocity pressure and generates a signal 
output that is a function of the flow rate or velocity of the gases.
    3.1.3 Data presentation. That portion of the measurement system that 
provides a display of the output signal in terms of volumetric flow rate 
units, or other units which are convertible to volumetric flow rate 
units.
    3.2 Span. The value of gas volumetric flow rate at which the 
measurement system is set to produce the maximum data display output. 
For the purposes of this method, the span shall be set at 1.5 times the 
maximum volumetric flow rate expected under varying operating conditions 
of the source.
    3.3 Zero drift. The change in measurement system output over a 
stated period of time of normal continuous operation when gas volumetric 
flow rate at the time of the measurements is zero.
    3.4 Calibration drift. The change in measurement system output over 
a stated time period of normal continuous operation when the gas 
volumetric flow rate at the time of the measurement is 67 percent of the 
span value.
    3.5 Operation period. A minimum period of time over which a 
measurement system is expected to operate within certain performance 
specifications without unscheduled maintenance, repair, or adjustment.
    3.6 Orientation sensitivity. The angular tolerance to which the 
sensor can be misaligned from its correct orientation to measure the 
flow rate vector before a specified error occurs in the indicated flow 
rate compared to the reference flow rate.
    3.7 Reference method. Method 2 as delineated in 40 CFR Part 60.
    4. Measurement system performance specifications. A measurement 
system must meet the performance specifications in Table E-1 to be 
considered acceptable under this method.

                                Table E-1
------------------------------------------------------------------------
               Parameter                          Specifications
------------------------------------------------------------------------
Accuracy (relative)....................  <10 percent of mean reference
                                          value (paragraph 6.3.1).
Zero drift (24 hours)..................  <3 percent of span (paragraph
                                          6.3.2).
Calibration drift (24 hours)...........  <3 percent of span (paragraph
                                          6.3.3).
Operational period.....................  <168 hours minimum.
------------------------------------------------------------------------

    5. Test procedures.
    5.1 Field test for accuracy, zero drift, calibration drift, and 
operation period.
    5.1.1 System conditioning. Set up and operate the measurement system 
in accordance with the manufacturer's written instructions and drawings. 
Offset the zero point of the chart recorder so that negative values up 
to 5 percent of the span value may be registered. Operate the system for 
an initial 168-hour conditioning period. During this initial period, the 
system should measure the gas stream volumetric flow rate in a normal 
operational manner. After completion of this conditioning period, the 
formal 168-hour performance and operational test period shall begin.
    5.1.2 Field test for accuracy and operational period. During the 
168-hour test period, the system should be continuously measuring gas 
volumetric flow rate at all times. During this period make a series of 
14 volumetric flow rate determinations simultaneously using the 
reference method and the measurement system. The 14 determinations can 
be made at any time interval at least one hour apart during the 168-hour 
period except that at least one determination on five different days 
must be made with one determination on the last day of such period. The 
determinations shall be conducted over the range of volumetric flow 
rates expected to occur during normal operation of the source. The 
measurement system volumetric flow rate reading corresponding to the 
period of time during which each reference method run was made may be 
obtained by continuous integration of the measurement system signal over 
the test interval. Integration may be by use of mechanical integration 
of electrical

[[Page 1144]]

units on the chart recorder or use of a planimeter on the strip chart 
recorder. The location and orientation of the reference method 
measurement device and the measurement system should be as close as 
practical without interference, but no closer than 1.3 cm (0.5 inch) to 
each other and shall be such that dilution air or other interferences 
cannot be interjected into the stack or duct between the pitot tube and 
the measurement system. Be careful not to locate the reference method 
pitot tube directly up or down stream of the measurement system sensor.
    5.1.3 Field test for calibration drift and zero drift. At 24-hour 
intervals, but more frequently if recommended by the manufacturer, 
subject the measurement system to the manufacturer's specified zero and 
calibration procedures, if appropriate. Record the measurement system 
output readings before and after adjustment. Automatic corrections made 
by the system without operator intervention are allowable at anytime.
    5.1.4 Field test for orientation sensitivity. If a velocity 
measurement system is either a single point measurement device or a 
pressure sensor or any other device such as pitot tube which uses the 
flow direction of the test gas, then the following test shall be 
followed and a performance specification of 10 
degrees device orientation sensitivity for 4 
percent flow rate determination accuracy must be met in order for the 
measurement system to be considered acceptable under this method. This 
is in addition to the performance specifications given in paragraph 4 of 
this appendix. During a period of relatively steady state gas flow, 
perform the following orientation test using the measurement system. The 
system should be continuously measuring gas velocity at all times. 
Rotate the measurement 10[deg] on each side of the direction of flow in 
increments of 5[deg]. Perform this test three times each at:
    (1) Maximum operating velocity (15 percent);
    (2) 67 percent 7.5 percent of the maximum 
operating velocity; and
    (3) 33 percent 7.5 percent of the maximum 
operating velocity if (2) and (3) are normal operating practices.
    6. Calculations data analysis and reporting.
    6.1 Procedure for determination of stack gas volumetric flow rate. 
Calculate the reference stack gas velocity and corresponding stack gas 
volumetric flow rate with the calibrated type S pitot tube measurements 
by the reference method. Calculate the measurement system stack gas 
volumetric flow rate as specified by the manufacturer's written 
instructions. Record the volumetric flow rates for each in the 
appropriate tables.
    6.2 Procedure for determination of mean values and 95 percent 
confidence intervals.
    6.2.1 Mean value. The mean value of a data set is calculated 
according to Equation E-1.

                              Equation E-1
[GRAPHIC] [TIFF OMITTED] TR01JY80.000

Where:

xi=individual values.
[Sigma]=sum of the individual values.
x=mean value.
n=data points.

    6.2.2 95 percent confidence level. The 95 percent confidence level 
(two sided) is calculated according to Equation E-2.

                              Equation E-2
[GRAPHIC] [TIFF OMITTED] TR01JY80.001

Where:

[Sigma]xi=sum of all data points.
([Sigma]xi)=sum of squares of all data points.
C.I.95=95 percent confidence interval estimate of 
the average mean value.

                            Values for t.975
------------------------------------------------------------------------
     n          t.975          n         t.975         n         t.975
------------------------------------------------------------------------
       2       12.706            7       2.447          12       2.201
       3        4.303            8       2.365          13       2.179
       4        3.182            9       2.306          14       2.160
       5        2.776           10       2.262          15       2.145
       6        2.571           11       2.228          16       2.131
------------------------------------------------------------------------

The values in this table are already corrected for n-1 degrees of 
freedom. Use n equal to the number of samples as data points.
    6.3 Data analysis and reporting.
    6.3.1 Accuracy (relative). First, calculate the mean reference value 
(Equation E-1) of the 14 average volumetric flow rates calculated by the 
reference method. Second, from the 14 pairs of average volumetric flow 
rates calculated by the reference method and measurement system 
volumetric flow rate readings, calculate the mean value (Equation E-1) 
of the differences of the 14 paired readings. Calculate the 95 percent 
confidence interval (Equation E-2) using the differences of fourteen 
paired readings. To calculate the values in the second part of this 
section substitute di for xi and d for x in Equations E-1 and E-2 where 
di equals the difference of each paired reading and d equals the mean 
value of the fourteen paired differences. Third, report the sum of the 
absolute mean value of the differences of the fourteen paired readings 
and the 95 percent confidence interval of the differences of value 
calculated in the first part of the section. Divide this total by the 
mean reference value and report the result as a percentage. This 
percentage is the relative accuracy.

[[Page 1145]]

    6.3.2 Zero drift (24 hour). From the zero values measured each 24 
hours during the field test, calculate the differences between 
successive readings expressed in volumetric flow rate units. Calculate 
the mean value of these differences and the confidence interval of these 
differences using Equations E-1 and E-2. Report the sum of the absolute 
value of the mean difference and the confidence interval as a percentage 
of the measurement system span. This percentage is the zero drift.
    6.3.3 Calibration drift (24 hour). From the calibration values 
measured every 24 hours during the field test calculate the differences 
between: (1) The calibration reading after zero and calibration 
adjustment, and (2) the calibration reading 24 hours later after zero 
adjustment but before calibration adjustment. Calculate the mean value 
of these differences and the confidence interval using Equations E-1 and 
E-2. Report the sum of the absolute value of the mean difference and 
confidence interval as a percentage of the measurement system span. This 
percentage is the calibration drift.
    6.3.4 Operation period. Other than that clearly specified as 
required in the operation and maintenance manual, the measurement system 
shall not require any corrective maintenance, repair, replacement or 
adjustment during the 168-hour performance and operational test period. 
If the measurement system operates within the specified performance 
parameters and does not require corrective maintenance, repair, 
replacement or adjustment other than as specified above during the 168-
hour test period, the operational period will be successfully concluded. 
Failure of the measurement to meet this requirement shall call for a 
repetition of the 168-hour test period. Portions of the test, except for 
the 168-hour field test period, which were satisfactorily completed need 
not be repeated. Failure to meet any performance specifications shall 
call for a repetition of the one-week performance test period and that 
portion of the testing which is related to the failed specification. All 
maintenance and adjustments required shall be recorded. Output readings 
shall be recorded before and after all adjustments.
    6.3.5 Orientation sensitivity. In the event the conditions of 
paragraph 5.1.4 of this appendix are required, the following 
calculations shall be performed. Calculate the ratio of each measurement 
system reading divided by the reference pitot tube readings. Graph the 
ratio vs. angle of deflection on each side of center. Report the points 
at which the ratio differs by more than 4 percent 
from unity (1.00).

[40 FR 5521, Feb. 6, 1975]



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

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

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


[[Page 1146]]

[GRAPHIC] [TIFF OMITTED] TR25MY99.000


[[Page 1147]]

[GRAPHIC] [TIFF OMITTED] TR25MY99.001


[[Page 1148]]

[GRAPHIC] [TIFF OMITTED] TR25MY99.002


[[Page 1149]]

[GRAPHIC] [TIFF OMITTED] TR25MY99.003


[[Page 1150]]

[GRAPHIC] [TIFF OMITTED] TR25MY99.004


[[Page 1151]]

[GRAPHIC] [TIFF OMITTED] TR03JN04.018


[64 FR 28323, May 25, 1999, as amended at 69 FR 31505, June 3, 2004]





[[Page 1153]]



                              FINDING AIDS




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

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

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

[[Page 1155]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2009)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 100--
                199)
        II  Office of Management and Budget Circulars and Guidance 
                (200--299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300-- 
                399)
        VI  Department of State (Parts 600--699)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1880--1899)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Housing and Urban Development (Parts 2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)
     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)

[[Page 1156]]

      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
    XXXVII  Peace Corps (Parts 3700--3799)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--99)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600-- 3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Parts 4300--
                4399)
      XXXV  Office of Personnel Management (Parts 4500--4599)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)

[[Page 1157]]

     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
      XCIX  Department of Defense Human Resources Management and 
                Labor Relations Systems (Department of Defense--
                Office of Personnel Management) (Parts 9900--9999)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture

[[Page 1158]]

         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)

[[Page 1159]]

    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)
         L  Rural Business-Cooperative Service, Rurual Housing 
                Service, and Rural Utilities Service, Department 
                of Agriculture (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1303--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

[[Page 1160]]

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

[[Page 1161]]

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)

[[Page 1162]]

      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  Bureau of Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Bureau of Immigration and Customs Enforcement, 
                Department of Homeland Security (Parts 400--599)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (Parts 900--999)

[[Page 1163]]

         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millenium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                HousingCommissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)

[[Page 1164]]

      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)

[[Page 1165]]

       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)

[[Page 1166]]

       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)

[[Page 1167]]

        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvmeent, 
                Department of Education [Reserved]
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

[[Page 1168]]

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                301--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
            Chapters 62--100 [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
            Chapters 103--104 [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 1169]]

       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Chapters 129--200 [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10010)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

[[Page 1170]]

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899) 
                [Reserved]
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

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

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)

[[Page 1171]]

        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement [Reserved]

[[Page 1172]]

        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)

[[Page 1173]]

         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

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

[[Page 1175]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2009)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            5, LXXIII
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII, L
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV, L
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII, L
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX

[[Page 1176]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               44, IV
  Census Bureau                                   15, I
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV, VI
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs and Border Protection Bureau              19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII

[[Page 1177]]

  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Human Resources Management and Labor Relations  5, XCIX
       Systems
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                5, III, LXXVII; 14, VI; 
                                                  48, 99

[[Page 1178]]

  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    12, XII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II

[[Page 1179]]

General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A,
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  6, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection Bureau            19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration and Naturalization                    8, I
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII

[[Page 1180]]

Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Fishing and Related Activities      50, III
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                2, XXVII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V

[[Page 1181]]

  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
  Copyright Royalty Board                         37, III
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Millenium Challenge Corporation                   22, XIII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Intelligence, Office of Director of      32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII

[[Page 1182]]

National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Human Resources Management and Labor Relations  5, XCIX
       Systems, Department of Defense
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII, L
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
   National Security Council
[[Page 1183]]

Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  2, VI; 22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection Bureau            19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8

[[Page 1184]]

Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 1185]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations that were 
made by documents published in the Federal Register since January 1, 
2001, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
Title 40 was established at 36 FR 12213, June 29, 1971. For the period 
before January 1, 2001, see the ``List of CFR Sections Affected, 1964--
1972, 1973-1985, and 1986-2000'' published in ten separate volumes.

                                  2001

40 CFR
                                                                   66 FR
                                                                    Page
Chapter I
52.1019 Removed.....................................................1874
52.1020 (c)(48) added...............................................1874
52.1031 Table amended...............................................1874
52.1070 (c)(154) added..............................................1867
    (c)(155) added..................................................9527
    (c)(152) added..................................................9766
    (c)(148) added..................................................9769
    (c)(156) through (159) added; eff. 7-6-01......................22926
    (c)(161) added; eff. 7-23-01...................................28056
    (c)(160) added; eff. 7-23-01...................................28059
    Regulation at 66 FR 28059 withdrawn............................35546
    (c)(162) added.................................................37916
    (c)(164) and (165) added.......................................43488
    (c)(166) added.................................................46381
    (c)(153) added.................................................46729
    (c)(160), (169) and (170) added................................56221
    (c)(163) added.................................................56223
    (c)(167) added.................................................57396
52.1072 (e) removed.................................................9527
52.1075 (h) added..................................................48210
52.1076 (e) and (g) added............................................632
    (e) correctly designated........................................9769
    (j) added......................................................49109
    (f) added......................................................48211
    Heading revised; (h) and (i) added.............................54596
    (k) and (l) added..............................................54687
52.1078 Added........................................................632
52.1120 (c)(130) added.............................................14319
52.1127 Table revised................................................693
52.1129 Existing text designated as (a); (b) added...................693
52.1167 Table amended..............................................14319
52.1174 (u) added..................................................40898
52.1220 (c)(56) added..............................................14091
    (c)(56)(1)(A) and (i)(F) corrected.............................17466
    (c)(57) added; eff. 8-13-01....................................31548
52.1320 (c) table amended.....................16139, 17813, 18200, 27032
    Regulation at 66 FR 18200 withdrawn............................29705
    (e) table amended..............................................34011
    (c) table amended...37905, 37907, 37918, 40903, 42607, 44304, 52361, 
                                                                   59708
    (d) amended....................................................57391
52.1370 (c)(50) added; eff. 8-13-01................................31550
    (c)(49) added; eff. 8-14-01....................................32554
    (c)(51) added; eff. 7-18-01....................................32766
    (c)(53) added; eff. 8-17-01....................................32769
    Regulation at 66 FR 32554 withdrawn............................42425
    (c)(49) added..................................................42437
    (c)(47) added..................................................48564
    (c)(51) introductory text and (i)(B)(5) revised................55098
    (c)(54) added..................................................57394
    (c)(47)(i)(A) corrected........................................57883
52.1371 Amended....................................................31550
52.1374 Existing text designated as (a); (b) added.................55105
52.1375 Added......................................................55098
52.1384 (c) revised; eff. 8-14-01..................................32554
    Regulation at 66 FR 32554 withdrawn............................42425
    (a) added; (c) revised.........................................42437
    (b) added......................................................55099
52.1420 (e) table amended..........................................20199

[[Page 1186]]

52.1519 (a)(2) and (c)(3) removed...................................1871
52.1520 (c)(59) added...............................................1871
    (c)(66) added..................................................39104
52.1525 Table amended........................................1871, 39104
52.1570 (c)(70) added..............................................28065
52.1670 (c)(99) added..............................................22924
    (c)(100) added.................................................28062
    (c)(101) added.................................................48961
52.1679 Table amended................................22924, 28062, 48961
52.1683 (b) through (e) removed....................................22924
    (h) added......................................................23851
52.1770 (c) table amended; eff. 8-27-01............................34118
52.1870 (c)(123) added.............................................19722
    (c)(124) added; eff. 8-13-01...................................31554
52.1885 (a)(15) added..............................................33478
52.1919 (a)(4) added...............................................51572
52.1970 (c)(134) added.............................................40620
    (c)(136) added.................................................48354
    (c)(135) added.................................................55111
52.1977 Amended....................................................40620
52.1988 (b) revised................................................40622
52.2020 (c)(151) added.............................................19726
    (c)(154) added.................................................19860
    (c)(153) added; eff. 7-5-01....................................27876
    (c)(155) added; eff. 8-24-01...................................33648
    (c)(152) added.................................................37914
    (c)(149) added.................................................40894
    (c)(159) added..........................................41792, 52856
    (c)(160) added..........................................41795, 52862
    (c)(158) added..........................................42126, 52521
    (c)(161) added..........................................42132, 52874
    (c)(162) added..........................................42136, 52867
    (c)(166) added..........................................42140, 52511
    (c)(171) added..........................................42418, 52327
    (c)(164) added..........................................42425, 52060
    (c)(163) added..........................................42761, 52527
    (c)(176) added..........................................43497, 52338
    (c)(165) added..........................................43501, 52055
    (c)(156) added..........................................43508, 54941
    (c)(173) added..........................................43783, 52710
    (c)(177) added..........................................43788, 52049
    (c)(172) added..........................................43794, 52516
    (c)(168) added.................................................43796
    (c)(175) added..........................................44056, 52343
    (c)(181) added..........................................44060, 52332
    (c)(170) added..........................................44532, 52700
    (c)(167) added..........................................44538, 52532
    (c)(178) added..........................................44544, 52705
    (c)(180) added..........................................44547, 52322
    (c)(184) added..........................................45933, 54953
    (c)(174) added..........................................45937, 54715
    (c)(182) added..........................................45941, 54709
    (c)(169) added..........................................46532, 54947
    (c)(185) added..........................................46959, 54697
    (c)(179) added..........................................47083, 54704
    Regulation at 66 FR 42126, 42136 and 42140 withdrawn...........48348
    Regulation at 66 FR 41792, 41795 and 42132 withdrawn...........48349
    Regulation at 66 FR 42418, 42425 withdrawn.....................48806
    Regulation at 66 FR 42761, 43501 and 43508 withdrawn...........49108
    Regulation at 66 FR 43794 and 43497 withdrawn..................49292
    Regulation at 66 FR 43788 and 44056 withdrawn..................49293
    Regulation at 66 FR 44532 withdrawn............................49539
    Regulation at 66 FR 44056, 44532 and 44544 withdrawn...........49540
    Regulation at 66 FR 44060 and 44547 withdrawn..................49541
    Regulation at 66 FR 43783 withdrawn............................50829
    Regulation at 66 FR 45933, 45937 and 45941 withdrawn...........51869
    Regulation at 66 FR 47083 withdrawn............................52695
    Regulation at 66 FR 46532 and 46959 withdrawn..................52711
    (c)(186) added.................................................53094
    (c)(188) added.................................................53106
    (c)(187) added.................................................55883
52.2026 Introductory text, (a) and (b) correctly removed; CFR 
        correction.................................................13854
    (d) and (e) removed............................................17638
    (f) removed....................................................22125
    Removed........................................................44548
52.2027 (a) added..................................................52534
    (b) added......................................................54699
52.2036 (d) added..................................................17638
    Heading revised; (m) added.....................................53106
52.2037 Removed....................................................53106
    Heading revised; (i), (j) and (k) added........................54164
52.2038 Added......................................................17638
    Existing text designated as (a); (b) added.....................44548
52.2070 (c) table amended...........................................9663
52.2088 Added; eff. 8-7-01.........................................30815
52.2220 (c) table amended; eff. 7-2-01.............................22127
    (c) table amended..............................................45633
52.2270 (c) table amended.............................9205, 15199, 20931
    (e) table amended.......................................20750, 26939

[[Page 1187]]

    (e) table amended.........................35906, 57195, 57222, 57251
    (c) table amended...36917, 36923, 48804, 54691, 57218, 57222, 57229, 
                                                     57244, 57260, 57264
    Regulation at 66 FR 35906 withdrawn............................46220
    (c) table and (e) table amended................................49293
    (a) introductory text amended..................................49300
    (d) table amended..............................................57222
    Regulation at 66 FR 48804 withdrawn............................58667
52.2299 (c)(121) added.............................................54691
52.2309 (f) added..................................................20751
52.2320 (c)(45) added..............................................14086
52.2322 Added; eff. 7-18-01........................................32760
52.2420 (d) table amended.............................................15
    (c) table amended; eff. 7-30-01................................29497
52.2428 (c) and (d) added............................................632
52.2429 Added........................................................632
52.2450 (f) removed...................................................16
52.2470 (c)(81) added..............................................14499
52.2570 (c)(101) added.............................................42956
    (c)(102) added.................................................56449
    (c)(103) added.................................................56943
    (c)(104) added.................................................64751
52.2585 (o) added..................................................51574
    (p) added......................................................56943

                                  2002

40 CFR
                                                                   67 FR
                                                                    Page
Chapter I
52.1020 (c)(49) added..............................................10100
    (c)(51) added; eff. 7-19-02....................................35441
    (c)(46) and (47) added.........................................57153
52.1031 Table amended; eff. 7-19-02................................35441
    Table 52.1031 amended..........................................57154
52.1070 (c)(168) added..............................................8899
    (c)(171) and (172) added; eff. 7-29-02.........................36810
    (c)(173) added; eff. 8-12-02...................................39857
    (c)(173) added.................................................44062
52.1120 (c)(129) added.............................................62183
    (c)(120) added.................................................62187
    (c)(132) added.................................................78181
52.1127 Table amended...............................................7278
    Table revised..................................................72579
52.1129 (c) added..................................................55125
    (d) added......................................................72579
52.1132 (i) redesignated as (b); (c) and (d) added..................7278
52.1167 Table 52.1167 amended........................62183, 62187, 78181
52.1170 (c)(116) added; eff. 8-27-02...............................43549
52.1220 (c)(60) added...............................................7960
    (c)(59) added...................................................8729
    (c)(58) added; eff. 7-12-02....................................31965
    (c)(38) and (49) removed; (c)(55) added; eff. 7-19-02..........35439
    (c)(61) added..................................................57519
52.1230 (c) added..................................................48790
52.1270 (c) table amended..........................................77927
52.1319 Removed....................................................20038
52.1320 (c) table amended.......................6660, 7965, 13575, 20038
    (d) table amended..............................................13572
    (c) table, (d) table and (e) table amended.....................18501
    (c) table amended...........54961, 54963, 54967, 55131, 70319, 70321
52.1370 (c)(46) added..............................................22240
    (c)(55) added..................................................55129
    (c)(29) and (49) introductory texts revised....................59456
    (c)(56) added..................................................62395
    (c)(58) added..................................................70011
    (c)(37) introductory text revised..............................70555
52.1373 Existing text designated as (a); (b) added..................7973
    (c) added; eff. 7-8-02.........................................31150
52.1384 (d) added..................................................22241
52.1420 (c) table amended; eff. 7-29-02............................37328
52.1470 (c)(39) and (40) added.....................................17943
52.1488 (d) added...................................................6133
52.1520 (c)(68) added..............................................48036
    (c)(60) added..................................................65712
52.1523 Table revised..............................................72575
52.1525 Table amended.......................................48036, 65713
52.1529 Revised....................................................65712
52.1534 Added......................................................18497
52.1570 (c)(71) added...............................................2812
52.1581 Added......................................................54579
52.1582 (h) added...................................................5169
    Heading revised; (d)(2) removed................................54580
52.1605 Table amended...............................................2813
52.1620 (c) table and (e) table amended.............................6152
52.1682 Added......................................................19339
52.1683 (i) added...................................................5194
52.1770 (c) table redesignated as Table 1 and amended..............51463
    (c) Table 2 added..............................................51764
    (c) Table 1 amended..............................64991, 66058, 78982

[[Page 1188]]

    (c) Table 1 amended; (e) added.................................78986
    (c) Table 2 amended............................................64995
    (c) Table 3 added..............................................65000
    (b) revised; (c) Table 1 amended...............................78988
52.1820 (c)(32) added..............................................62398
    Regulation at 67 FR 62398 withdrawn............................72580
52.1836 Added......................................................62398
52.1870 (c)(125) added..............................................4672
    (c)(126) added..................................................7957
    Regulation at 67 FR 7957 withdrawn.............................18497
52.1881 (a)(4) and (8) revised; (b)(12), (14), (17), (18) and (20) 
        removed.....................................................4673
52.1970 (c)(137) added.............................................48393
52.2020 (c)(191) added; eff. 7-22-02...............................36109
    (c)(189) added; eff. 8-12-02...................................39856
    (c)(194) added; eff. 8-26-02...................................43004
    (c)(193) added.................................................57159
    (c)(157) added.................................................62392
    (c)(183) added.................................................68525
    (c)(192) added.................................................68940
52.2022 (f) added; eff. 8-5-02.....................................38896
    Regulation at 67 FR 38896 withdrawn............................50602
52.2023 (c) removed................................................68941
52.2036 (n) added..................................................68525
52.2120 (e) revised................................................20651
    (c) amended; eff. 7-8-02.......................................30596
    (c) table amended; eff. 7-29-02................................43547
    (c) table amended..............................................68769
52.2170 (c)(20) added; eff. 8-9-02.................................39621
52.2185 Added......................................................57521
52.2220 (c) table amended...................................46595, 55322
52.2270 (d) table and (e) table amended............................19516
    (c) table amended.......................................58709, 72382
    (e) table amended.......................................68944, 72382
52.2320 (c)(46) added...............................................7963
    (c)(47) added; eff. 7-19-02....................................35444
    (c)(51) added..................................................44069
    (c)(51) added..................................................44069
    (c)(50) added..................................................57748
    (c)(53) added..................................................59168
    (c)(48) and (49) added.........................................62894
    (c)(54) added..................................................78190
52.2348 Existing text designated as (a); (b) added.................57748
52.2352 Added......................................................59000
52.2420 (c) table amended..........................................76995
52.2475 Added......................................................66560
52.2520 (c)(45) added...............................................5954
    (c)(46) added..................................................31736
    (c)(49) added..................................................62379
    (c)(47) added..................................................62381
    (c)(50) added..................................................62383
    (c)(48) added..................................................63271
52.2570 (c)(105) added; eff. 7-29-02...............................37331
    (c)(106) added; eff. 8-26-02...................................42730
52.2575 (b)(4) added; eff. 7-29-02.................................37331
52.2620 (c)(30) added...............................................5489
    Regulation at 67 FR 5489 withdrawn.............................15336
52.2622 Existing text designated as (a); (b) added..................5490
    Regulation at 67 FR 5490 withdrawn.............................15336

                                  2003

40 CFR
                                                                   68 FR
                                                                    Page
Chapter I
52.1070 (c)(177) added..............................................1974
    (c)(179) added..................................................2210
    (c)(174) and (175) added........................................5229
    (c)(182) added..................................................9014
    (c)(180) added..................................................9019
    (c)(183) added.................................................23207
    (c)(178) added; eff. 7-7-03....................................24364
    (c)(176) added; eff. 8-4-03....................................33002
    (c)(181) added.................................................46489
    (c)(185) added.................................................68526
52.1072 (e) added..................................................19131
52.1076 (h), (i), (k) and (l) revised; (m) added...................61104
52.1078 Existing text designated as (a); (b) added..................2210
52.1113 Removed.....................................................9015
52.1119 (a)(3) added...............................................16961
    Regulation at 67 FR 16961 withdrawn............................33875
52.1120 (c)(124)(ii)(E) and (F) added; eff. 8-19-03................36925
52.1165 (b) revised.........................................11323, 74489
52.1167 Table 52.1167 amended......................................16961
    Regulation at 67 FR 16961 withdrawn............................33875
52.1170 (c)(118) added..............................................8553
    (c)(119) added.................................................52106
    Regulation at 68 FR 52106 withdrawn............................62019
52.1180 (b) revised.........................................11323, 74489
52.1220 (c)(57) and (60) removed; (c)(62) added; eff. 8-4-03.......33633
    (c)(64) added..................................................52109
    (c)(29)(i)(A), (35)(i)(B) and (41)(i)(C) removed; 
(c)(41)(i)(A) revised; (c)(63) added...............................52113

[[Page 1189]]

    Regulation at 68 FR 52113 withdrawn............................61106
    Regulation at 68 FR 52109 withdrawn............................61106
52.1234 (b) revised.........................................11323, 74489
52.1270 (b), (c), and (d) revised..................................13631
52.1320 (c) table amended.......12827, 12829, 12831, 12833, 14539, 25418
    (e) table amended..............................................25442
    (b)(3) revised; (c) table amended; eff. 8-18-03................36472
    (c) table amended.........................47468, 54368, 61758, 66350
    (c) table corrected............................................62869
    (c) and (d) amended............................................68523
52.1370 (c)(52) added..............................................27911
    (c)(52)(i)(A) corrected........................................32799
    (c)(59) added..................................................62535
52.1382 (b) revised.........................................11323, 74489
52.1384 (e) added..................................................27911
52.1420 (b)(3) revised; (c) table amended..........................40530
    (c) table amended..............................................52694
    (b) through (e) revised........................................67046
52.1436 Introductory text revised...........................11323, 74489
52.1470 (c)(41) added..............................................52840
    (c)(45) added..................................................69618
52.1485 (b) revised.........................................11323, 74489
52.1534 (b) added..................................................72576
52.1570 (c)(72) added...............................................7706
    (c)(73) added..................................................47482
    Regulation at 68 FR 47482 withdrawn............................54163
    (c)(73) added..................................................63993
52.1582 (d)(4),(h)(5), (h)(7)(iii) and (iv) removed; (i) added.....43464
52.1603 (b) revised.........................................11323, 74489
52.1620 (e) table amended...................................54676, 58280
52.1634 (b) revised.........................................11323, 74490
52.1670 (c)(102) added.............................................42983
52.1689 (b) revised.........................................11324, 74490
52.1770 (c) table 1 amended; eff. 8-5-03...........................33875
    (c) Table 3 amended; eff. 8-29-03..............................38632
    (b) revised; (c) Table 3 amended...............................40783
    Regulation at 68 FR 33873 withdrawn............................46101
    (b) and (c) Table 2 revised....................................46480
    (e) table amended..............................................53887
    (c) Table 2 amended............................................54166
    (c) Table 1 amended.....................................54364, 66351
52.1820 (c)(32) added...............................................9567
52.1829 (b) revised.........................................11324, 74490
52.1870 (c)(126) added..............................................1370
    (c)(127) added............................................2217, 2912
    Regulation at 68 FR 2211 withdrawn.............................12590
    (c)(128) added.................................................46099
52.1929 (a) introductory text revised..............................11324
    (a) introductory text revised..................................74490
52.1970 (c)(138) and (139) added....................................2903
    (c)(140) added.................................................60041
    (c)(141) added.................................................61116
52.1973 Added......................................................60041
    (e)(2) revised.................................................61116
52.1977 Amended.....................................................2904
52.1982 (a)(1)(ii) revised..........................................2909
52.1985 Removed.....................................................2909
52.1987 (a) and (c) revised.........................................2909
    (c) revised......................................11324, 20072, 74490
52.1988 (a) revised.................................................2909
52.2020 (c)(190) added..............................................2458
    (c)(195) added..................................................2208
    (c)(197) added..................................................8724
    (c)(201) added.................................................14156
    (c)(203) added.................................................15061
    (c)(196) added.................................................15664
    (c)(198) added.................................................16726
    (c)(200) added.................................................23407
    (c)(202) added; eff. 7-7-03....................................24367
    (c)(205) added.................................................27473
    (c)(204) added; eff. 8-4-03....................................33014
    (c)(209) added; eff. 8-25-03...................................37976
    (c)(210) added.................................................46101
    (c)(208) added.................................................46487
    (c)(211) added.................................................48805
    (c)(215) added.................................................53516
    (c)(209) removed...............................................55469
    (c)(214) added.................................................59321
    (c)(212) added.................................................59327
    (c)(207) added.................................................59747
    (c)(217) added.................................................65849
52.2033 (b) added...................................................2459
52.2037 (j)(2) removed; (k) revised; (l) added.....................58612
52.2070 (b) through (e) revised....................................34814
    (e) table amended; eff. 8-19-03................................36925
52.2076 Table revised..............................................16724
52.2088 Existing text designated as (a); (b) added.................16724
52.2170 (c)(21) added..............................................16727
52.2178 (b) revised.........................................11324, 74490
52.2220 (c) table amended; eff. date 7-15-03.......................26495
    (c) amended; eff. 8-4-03.......................................33009
    (b) revised; (c) existing table redesignated as Table 1 and 
amended; (c) Table 2 added.........................................74867

[[Page 1190]]

52.2233 (b) introductory text revised.......................11324, 74490
52.2270 (e) table amended..........................................39460
    (c) table amended................................44635, 56179, 64548
    Regulation at 68 FR 44635 withdrawn............................53891
    (c) table corrected............................................66000
52.2303 (c) and (d) revised.................................11324, 74490
52.2320 (c)(57) added; eff. 7-14-03................................26212
    (c)(56) added; eff. 7-25-03....................................37746
    (c)(56)(i)(C) amended..........................................59328
52.2346 (b) revised.........................................11324, 74490
52.2353 Added......................................................59168
52.2370 (b) through (e) revised....................................34809
52.2420 (c) table amended......................................667, 8843
    (d) table amended..............................................14545
    (c) table amended; eff. 8-26-03................................38196
    (c) table amended..............................................40525
52.2423 (r) added....................................................670
52.2450 (b) added..................................................19132
    (c) added......................................................40527
52.2470 (c)(82) added; eff. 7-11-03................................34825
52.2475 (g) added; eff. 7-11-03....................................34825
52.2479 Table amended; eff. 7-11-03................................34825
52.2497 (b) revised.........................................11324, 74490
52.2520 (c)(51) added...............................................6629
    (c)(52) added...................................................9561
    (c)(56) added..................................................47476
    (c)(54) added..................................................51464
52.2522 (d) removed................................................51464
52.2526 Added......................................................51464
52.2570 (c)(107) added..............................................3410
    (c)(108) added.................................................17553
    (c)(53) added; eff. 8-4-03.....................................33005
    (c)(55) added; eff. 8-4-03.....................................33012
    (c)(108) withdrawn.............................................33875
    (c)(108) added.................................................51911
    (c)(109) added.................................................54163
52.2581 (e) revised.........................................11324, 74490
52.2585 (q) and (r) added..........................................18889
    (s) added; eff. 8-19-03........................................36921
52.2630 (b) introductory text revised.......................11324, 74491
52.2676 (b) revised.........................................11325, 74491
52.2729 (b) revised.........................................11325, 74491
52.2779 (b) revised.........................................11325, 74491
52.2827 (b) revised.........................................11325, 74491

                                  2004

40 CFR
                                                                   69 FR
                                                                    Page
Title 40 Nomenclature change.......................................18803
Chapter I
52.1020 (c)(52) added..............................................13231
52.1031 Table amended..............................................13231
52.1070 (c)(186) added.............................................13239
    (c)(184) added; eff. 8-30-04...................................38850
    (c)(190) added.................................................53004
    (c)(191) added.................................................56171
    (c)(187) added.................................................61768
    (c)(189) added.................................................62591
    Redesignated as 52.1100; heading and paragraph (a) revised; 
new 52.1070 added..................................................69306
    Regulation at 69 FR 62591 withdrawn............................76855
    (c) table amended..............................................76855
52.1072 Regulation at 68 FR 19131 eff. date stayed.................19937
52.1076 (n) added...................................................7135
    (f)(3) added...................................................19942
    (e) and (g) removed............................................43522
52.1078 (a) removed................................................43522
52.1100 Redesignated from 52.1070..................................69306
52.1170 (c)(119) added..............................................5933
    (c)(121) added.................................................76853
52.1218 Added......................................................20549
    (a) removed....................................................76854
52.1220 (c)(63) added; eff. 7-8-04.................................31893
    (c)(65) added..................................................51184
    (c)(64) added..................................................51373
52.1237 (d) added..................................................71380
52.1320 (e) table amended...........................................1923
    (c) table corrected; CFR correction.............................4059
    (e) table amended; eff. 7-12-04................................26506
    (b) through (e) revised........................................29437
    (d) table and (e) table amended; eff. 8-30-04..................39340
    (c) table and (e) table amended................................51955
    Regulation at 69 FR 39340 withdrawn............................51956
    (d) table and (e) table amended................................63074
    (c) table amended..............................................75481
52.1370 (c)(60) added...............................................3012
52.1391 Existing text designated as (a); (b) added..................3012
52.1470 (c)(25)(i)(A) revised.......................................2511
    (c)(46) added; eff. 7-19-04....................................29076
    (c)(16)(viii)(B), (24)(iv)(B), (42), (43) and (44) added; eff. 
7-9-04.............................................................32277
    Regulation at 69 FR 29076 withdrawn............................40324
    (c)(5)(i), (16)(viii)(C), (17)(ii)(A), (53) and (54) added; 
(c)(33)(i)(A) revised; (c)(36) and (37) removed....................54018
    (c)(46) through (52) added.....................................56354

[[Page 1191]]

52.1483 (a)(1)(i) redesignated as (a)(1)(iii) and revised; 
        (a)(1)(i) and (ii) added...................................54019
52.1488 (b) revised................................................54019
52.1570 (c)(76) added..............................................29235
    (c)(77) added; eff. 8-2-04.....................................39858
    (c)(74) added..................................................40323
    (c)(75) added..................................................46105
52.1581 (d) added..................................................52836
52.1582 (j) added..................................................52836
52.1605 Table amended................................29235, 40323, 46106
52.1620 (c) table amended..........................................78314
52.1670 (c)(103) added..............................................3239
    (c)(104) added; eff. 8-2-04....................................39860
    (c)(105) added.................................................72127
52.1679 Table amended........................................3240, 72127
52.1770 (e) table amended..........................................56169
52.1820 (c)(28) introductory text and (30)(1)(B) revised; 
        (c)(28)(1)(A) removed; (c)(28)(i)(B) redesignated as new 
        (c)(28)(i)(A)..............................................17303
    (c)(33) added..................................................61766
52.1870 (c)(130) added.............................................13234
    (c)(129) added.................................................41342
    Regulation at 69 FR 41342 withdrawn............................50074
52.1876 Added......................................................13234
52.1881 (a)(4) and (8) revised......................................4860
    (a)(4) and (8) revised; (a)(15) added; (b)(7) through (15), 
(17) through (25), (29) and (30) removed; (b)(16), (26), (27) and 
(28) redesignated as (b)(7) through (10)...........................41342
    Regulation at 69 FR 41342 withdrawn............................50074
52.1885 (b)(12) added..............................................43322
52.1970 (c)(142) added.............................................67823
    (c)(139) amended; (c)(143) added...............................69825
52.2020 (c)(222) added..............................................8824
    (c)(213) added; eff. 7-23-04...................................29446
    (c)(226) added; eff. 8-30-04...................................39856
    (c)(224) added; eff. 8-2-04....................................39861
    Regulation at 69 FR 29446 withdrawn in part....................40324
    (c)(216) added.................................................43524
    Regulation at 69 FR 39856 withdrawn............................47366
    (c)(209) added.................................................52834
    (c)(213)(i)(B)(1) added........................................62585
    (c)(218) added.................................................62587
    (c)(227) added.................................................68088
    (c)(229) added.................................................70895
    (c)(230) added.................................................70897
    (c)(226) added.................................................71713
52.2033 (c) added..................................................43524
52.2037 Heading and (k) revised; (i) redesignated as (i)(1); 
        (i)(2) added...............................................29240
52.2120 (e) table amended...........................................4249
    (c) amended....................................................48397
52.2170 (c)(22) added...............................................2674
    (c)(23) added; eff. 7-9-04.....................................25843
52.2220 (c) Table 1 amended.........................................3018
    (e) amended.....................................................4856
52.2270 (c) table amended..........................................15686
    (e) table amended..............................................16493
    (e) table amended; eff. 8-9-04.................................32453
    (c) table amended..............................................43754
    (e) table amended..............................................63068
    Regulation at 69 FR 63068 withdrawn............................75478
52.2303 (a) revised; (d) removed...................................43755
52.2320 (c)(58) added..............................................51370
52.2420 (c) table amended...................................12077, 31890
    (c) table amended; eff. 8-9-04..........................31896, 32280
    (c) table amended; eff. 8-23-04................................35255
    (c) table amended.........................48152, 52176, 77902, 77911
    (c) table corrected............................................53778
    Revised........................................................54218
    (d) table amended.........................54578, 54581, 59815, 72117
    Regulation at 69 FR 54578 withdrawn............................64259
52.2423 (s) added; eff. 8-9-04.....................................31897
52.2428 (c) and (d) removed........................................43522
52.2429 Removed....................................................43522
52.2450 Regulation at 68 FR 19132 eff. date stayed.................19937
    (c) removed....................................................52176
52.2470 (c)(83) added..............................................47366
    (c)(84) added..................................................53010
52.2475 (a)(3) added...............................................47366
52.1020 (c)(53) added...............................................6354
52.2479 Amended....................................................53010
52.2520 (c)(57) added...............................................6164
    (c)(58) added..................................................23112
    (c)(59) added; eff. 7-6-04.....................................24992
    (c)(60) added..................................................62595
    Technical correction...........................................64860
    Regulation at 69 FR 62595 withdrawn............................75847
52.2525 (b) added; eff. 7-6-04.....................................24992
52.2570 (c)(110) added.............................................59549
    (c)(111) added.................................................65073
52.2585 (t) added; eff. 7-9-04.....................................25839
52.2620 (c)(30) added..............................................44967

[[Page 1192]]

52 Appendix F amended; eff. 7-6-04.................................31505

                                  2005

40 CFR
                                                                   70 FR
                                                                    Page
Chapter I
52.1020 (c)(53) added...............................................6354
    (c)(56) added..................................................11882
    (c)(58) added..................................................21961
    (c)(54) added; eff. 7-25-05....................................30369
    (c)(55) added; eff. 7-25-05....................................30376
    (c)(57) added..................................................61384
52.1031 Table amended.................................6354, 11882, 21962
    Table amended; eff. 7-25-05.............................30369, 30376
    Table amended..................................................61384
52.1070 (c) table amended.............................16123, 21339,24986
    (e) table amended................................16963, 24990, 25717
    Regulation at 70 FR 21339 withdrawn............................36844
    (c) table amended.........................38776, 60739, 60741, 66264
    (e) table amended.......................................48285, 69443
52.1073 (f) added..................................................25718
    (g) added......................................................25724
    (f) and (g) removed............................................69443
52.1170 Regulation at 69 FR 76853 withdrawn.........................7658
    (c)(121) added.................................................23031
52.1174 (v) added; eff. 7-19-05....................................29207
52.1179 Revised.....................................................4023
52.1218 Removed....................................................23032
52.1220 Redesignated as 52.1222; heading and (a) revised; new 
        52.1220 added...............................................8932
    (d) table amended; eff. 8-30-05................................38028
    (d) table amended.......................................38028, 54844
    Regulation at 70 FR 38028 withdrawn............................49498
    Redesignated as 52.1222; heading and (a) revised...............51266
52.1222 Redesignated from 52.1220...................................8932
    Removed; new 52.1222 redesignated from 52.1220.................51266
52.1320 (c) table amended....................................5379, 22606
    (c) table amended..............................................40195
    (c) table correctly amended....................................54841
52.1420 (c) table amended..........................................16429
52.1570 (c)(78) added..............................................71776
52.1605 Table amended..............................................71776
52.1620 (c) table and (e) table amended............................19707
    Regulation at 70 FR 19707 withdrawn............................33364
    (c) table and (e) table amended................................41965
    (e) table amended..............................................48287
52.1627 existing text designated as (a); (b) added.................19708
    Regulation at 70 FR 19708 withdrawn............................33364
    Existing text designated as (a); (b) added.....................41967
52.1670 (c)(106) added..............................................2359
    (c)(107) added..................................................4775
    (c)(108) added.................................................53308
    (c)(109) added.................................................57513
52.1679 Table amended...........................2359, 4775, 53308, 57513
52.1682 (c) added..................................................53308
52.1683 (h)(3), (i)(4), (6)(v) and (vi) removed; (j) added.........53944
52.1770 (b) and (c) table 1 revised.................................8293
    (e) table amended..............................................48877
    (c) table amended..............................................61560
52.1820 (c)(34) added..............................................45542
52.1870 (c)(132) added..............................................2959
    (c)(129) added..................................................4025
    Regulation at 70 FR 2959 withdrawn.............................12416
    (c)(133) added; eff. 7-21-05...................................35965
    (c)(132) added; eff. 7-27-05...................................36848
52.1881 (a)(4) and (8) revised; (a)(15) added; (b)(7) through 
        (15), (17) through (25), (29) and (30) removed; (b)(16), 
        (26), (27) and (28) redesignated as (b)(7) through (10).....4025
52.1885 (a)(16) and (17) added; (b)(12) removed....................13108
    (a)(14) revised................................................35965
52.1920 (e) table amended...................................48080, 48647
    (e) table corrected............................................53275
52.1970 (c)(144) added.............................................12591
    (c)(143)(i)(A) revised.........................................44483
52.2020 Redesignated as 52.2063; new 52.2020 added..................9452
    (c)(144) added.................................................12591
    (d)(1) table amended.......15777, 16117, 16121, 16126, 16419, 16422, 
                                              16425, 16720, 16957, 22259
    (e)(1) table amended...........................................16964
    Regulation at 70 FR 16419 withdrawn in part....................30376
    Regulation at 70 FR 16117 withdrawn............................30377

[[Page 1193]]

    Regulation at 70 FR 16425 withdrawn in part....................30377
    Regulation at 70 FR 16720 withdrawn............................30378
    Regulation at 70 FR 16957 withdrawn............................30378
    (c)(2) table amended; eff. 8-23-05.............................36514
    (d)(1) table amended......................49498, 65844, 65846, 66263
    (c)(1) table amended...........................................58315
52.2063 Redesignated from 52.2020; heading and (a) revised..........9452
52.2120 (c) table amended...........................................3634
    (c) table and (e) table amended................................50198
52.2170 Redesignated as 52.2186; new 52.2170 added.................11128
52.2186 Redesignated from 52.2170; heading and (a) revised.........11128
52.2220 (b) revised; (c) Table 3 added.............................49880
    (b) revised; (c) amended................................50193, 58322
    (c) table amended..............................................50203
    (e) table amended................................50202, 55567, 65842
    (c) Table 1 amended............................................76410
52.2270 (e) table amended...........25, 7410, 15593, 16133, 18995, 20821
    (c) table amended..........................7043, 15773, 17322, 18310
    (c) table corrected.............................................8878
    (d) table amended..............................................19000
    (c) table amended...38779, 40195, 45544, 48649, 50207, 56569, 58327, 
                                                                   72722
    (e) table amended....48642, 48644, 48879, 50212, 56376, 58979, 73383
    (d) table amended..............................................48644
    Regulation at 70 FR 56569 withdrawn............................70736
52.2275 (e) revised...................................................25
52.2320 (c)(60) added..............................................44063
    (c)(61) added..................................................54275
    (c)(60) introductory text, (i)(A) and (B) correctly amended....61742
    (c)(62) added..................................................66279
52.2420 (e) table amended.....................16964, 24978, 24991, 25718
    (d) table amended..............................................21624
    (c) table amended................................21627, 22265, 24978
    (c) table amended; eff. 7-18-05................................28217
    (c) table amended; eff. 8-19-05................................35381
    (e) table amended................................48280, 48282, 76167
    (b), (c) and (d) revised.......................................66770
52.2470 (c)(86) added..............................................22599
    (c)(87) added..................................................24992
    (c)(85) added..................................................38038
    (c)(88) added..................................................44857
52.2475 (e) added...................................................6592
    (e) revised....................................................22599
    (a)(2) revised.................................................24992
    (a)(2)(ii) revised; eff. 8-29-05...............................37272
    (e)(3)(i) added................................................38038
    (e)(1) and (2) revised.........................................39927
    (e)(2)(ii) revised.............................................50213
52.2479 Table amended..............................................44857
52.2520 (c)(62) added...............................................1668
    Redesignated as 52.2565; heading and (a) revised................7026
    Added...........................................................7027
    Regulation at 70 FR 1668 withdrawn; (e) table amended..........11553
    (e) table amended; eff. 8-8-05.................................33368
    (e) table amended..............................................48289
52.2565 Redesignated from 52.2520 heading and (a) revised...........7026
52.2570 Regulation at 69 FR 65073 withdrawn.........................1664
    (c)(111) added.................................................22262
    (c)(112) added.................................................60012
52.2670 Redesignated as 52.2673; new 52.2670 added.................20475
    (c) table corrected............................................21496
52.2673 Redesignated from 52.2670; heading and (a) revised.........20475
52.2820 Redesignated as 52.2823; new 52.2820 added.................53566
52.2823 Redesignated from 52.2820; heading and (a) revised.........53566
52.2920 Redesignated as 52.2921; new 52.2920 added.................44480
52.2921 Redesignated from 52.2920; heading and (a) revised.........44480

                                  2006

   (Regulations published from January 1, 2006, through July 1, 2006)

40 CFR
                                                                   71 FR
                                                                    Page
Chapter I
52.1020 (c)(59) added..............................................13768
52.1023 (d) added...................................................5794
    (e) and (f) added..............................................14816
52.1031 Table amended..............................................13769
52.1036 (a) revised; (f) added.....................................14816
52.1070 (b) and (c) revised.........................................5608
    (c) table amended.......................................16238, 16240
    (c) table amended; eff. 7-7-06.................................26690
    (c) table amended; eff. 7-13-06................................34015
    (c) table amended; eff. 7-14-06................................34258
52.1084 Added......................................................25375
52.1085 Added......................................................25375

[[Page 1194]]

52.1140 Added......................................................25375
52.1170 (c)(122) added; eff. 7-3-06................................31096
52.1174 First (c) and second (c) redesignated as (c)(1) and (2); 
        (w) added; eff. 7-6-06.....................................32450
52.1186 Added......................................................25375
52.1187 Added......................................................25375
52.1220 (e) table amended; eff. 7-5-06.............................32276
52.1240 Added......................................................25375
52.1241 Added......................................................25375
52.1284 Added......................................................25375
52.1285 Added......................................................25375
52.1320 (c) table amended..........................................12625
    (c) table revised; eff. 7-11-06................................27631
    (c) table amended; eff. 8-11-06................................33625
    (e) table amended; eff. 8-25-06................................36212
    (c) table amended; eff. 7-27-06................................36489
52.1341 Added......................................................25376
52.1342 Added......................................................25376
52.1370 (c)(61) added...............................................3778
    (c)(62) added...................................................3773
52.1371 Amended.......................................................21
52.1384 (f) added...................................................4828
52.1470 (c)(55) added..............................................14388
    (c)(56) added..................................................15043
52.1570 (c)(79) added...............................................4046
    (c)(80) added..................................................13021
52.1584 Added......................................................25376
52.1585 Added......................................................25376
52.1605 Table amended...............................................4046
52.1620 (e) table amended...........................................4494
    (c) table amended; eff. 7-31-06................................30808
52.1636 Removed.....................................................4495
52.1684 Added......................................................25376
52.1685 Added......................................................25376
52.1770 (e) amended................................................14821
52.1784 Added......................................................25376
52.1785 Added......................................................25376
52.1820 (c)(35) added...............................................3768
52.1887 (e) added; eff. 7-31-06....................................31100
52.1891 Added......................................................25376
52.1892 Added......................................................25376
52.1970 (c)(145) added..............................................3770
    (c)(146) added.................................................14399
    (c)(147) added.................................................14405
    Regulations at 71 FR 14399 and 14405 withdrawn.................28777
    (c)(146) added; eff. 7-19-06...................................35163
    (c)(147) added; eff. 7-19-06...................................35160
    (c)(148) added; eff. 8-18-06...................................35173
52.1973 (a) revised.................................................3770
    (e)(3) added...................................................14399
    (e)(4) added...................................................14405
    Regulations at 71 FR 14399 and 14405 withdrawn.................28777
    (a)(4) added; eff. 7-19-06.....................................35160
    (e)(3) added; eff. 7-19-06.....................................35163
    (e)(5) added; eff. 8-16-06.....................................35174
52.2020 (d)(1) table amended..................11517, 16237, 25072, 27395
    (d)(1) table amended; eff. 7-28-06.............................34013
    (d)(1) table amended; eff. 7-31-06.............................34261
52.2040 Added......................................................25376
52.2041 Added......................................................25376
52.2140 Added......................................................25376
52.2141 Added......................................................25376
52.2220 (c) Table amended...............................23, 19126, 25076
    (e) table amended.................................................23
    (c) Table 1 amended............................................25076
52.2240 Added......................................................25377
52.2241 Added......................................................25377
52.2270 (c) table amended.............................3012, 12289, 13551
    (e) table amended...............................................8965
52.2283 Added......................................................25377
52.2284 Added......................................................25377
52.2320 (c)(59) added...............................................7682
52.2352 Existing text designated as (a); (b), (c) and (d) added.....7682
52.2370 (b) through (e) revised....................................14390
52.2420 (e) table amended......................................26, 10841
    (c) table amended.......................................10841, 10844
52.2440 Added......................................................25377
52.2441 Added......................................................25377
52.2522 (i) added...................................................1697
52.2540 Added......................................................25377
52.2541 Added......................................................25377
52.2570 (c)(113) added..............................................5984
52.2587 Added................................................9936, 25377
    Correctly redesignated as 52.2589..............................28275
52.2588 Added......................................................25377
52.2589 Correctly redesignated from 52.2587........................28275
52.2670 (c) table amended...........................................9719

                                  2007

40 CFR
                                                                   72 FR
                                                                    Page
52.1020 (c)(34)(i)(C) removed; (c)(62) added.......................65465
52.1031 Table amended..............................................65465
52.1070 (c) table amended..................20, 1290, 41893, 69622, 72262
    (d) table amended...............................................1292
    (b) through (e) revised........................................27958
52.1084 Revised....................................................62349
52.1085 Revised....................................................62349

[[Page 1195]]

52.1120 (c)(135) added.............................................67857
52.1140 Revised....................................................62349
52.1167 Table amended..............................................67857
52.1170 (c) table amended......................4435, 43172, 60783, 60785
    (e) table amended..............................................27435
52.1174 (x) and (y) added..........................................27435
52.1186 Revised....................................................62350
52.1187 Revised....................................................62350
52.1220 (d) table amended.....................39568, 39570, 51716, 68511
52.1240 Revised....................................................62350
52.1241 Revised....................................................62350
52.1270 (c) table amended..........................................56271
52.1284 Revised....................................................62350
52.1285 Revised....................................................62351
52.1320 (c) table amended.......7832, 10613, 10616, 54564, 59016, 68075, 
                                                                   71077
    (d) table amended; eff. 7-3-07.................................25205
    (e) table amended; eff. 7-9-07.................................25978
    (e) table amended; eff. 7-30-07................................30275
    (e) table amended..............................................44781
52.1341 Revised....................................................62351
52.1342 Revised....................................................62351
52.1373 (d) added..................................................46161
52.1420 (e) table amended..........................................71247
52.1470 (b)(2), (c)(7)(i), (11)(i), (12)(i), (14)(ix), (22)(iii), 
        (25)(iii), (26)(i)(B) and (56)(i)(A)(8) added.................17
    (c)(62) added..................................................19804
    (c)(55)(i)(A)(2) added; eff. 7-9-07............................25971
    (c)(14)(x), (25)(iv) and (56)(i)(A)(3)(viii) added; 
(c)(56)(i)(A)(3)(i), (ii) and (iii) revised........................25973
    (c)(63) added; eff. 8-17-07....................................33397
    (c)(64) added..................................................41634
    (c)(14)(xi) and (25)(ii) added.................................62121
52.1475 (c), (d) and (e) removed; eff. 7-13-07.....................32531
52.1528 (d) added..................................................51567
52.1570 (c)(81) added..............................................41628
    (c)(82) added..................................................48938
    (c)(83) added..................................................55672
52.1584 Revised....................................................62351
52.1585 Revised....................................................62352
52.1605 Table amended................................41628, 48938, 55672
52.1620 Second (c) table amended...................................20729
    (c) table amended..............................................50881
52.1670 (c)(111) added..............................................7828
    (c)(112) added.................................................61530
52.1679 Table amended........................................7829, 61530
52.1684 Revised....................................................62352
52.1685 Revised....................................................62352
52.1770 (c) Table 3 amended........................................52012
    (c) Table 1 amended..............................33694, 56920, 61533
    (e) table amended..............................................72952
52.1784 Revised....................................................62352
52.1785 Revised....................................................62353
52.1820 Redesignated as 52.1837.....................................9265
    Added...........................................................9266
    (c) table amended..............................................39565
52.1837 Redesignated from 52.1820; heading and (a) revised..........9265
52.1870 (c)(135) added.............................................15046
    (c)(137) added.................................................20947
    (c)(138) added.................................................29273
    (c)(139) added.................................................54846
    (c)(62) and (65) removed; (c)(58) and (134) revised............58527
    (c)(140) added.................................................58552
    Regulation at 72 FR 58552 withdrawn............................68515
52.1885 (ff) added.................................................27642
    (ff)(2) added..................................................27646
    (ff)(3) added..................................................27650
    (ff)(4) added..................................................27654
    (ff)(5) added..................................................32192
    (ff) introductory text through (4) correctly revised...........36600
    (ff)(6) added..................................................44787
    (ff)(7) added..................................................45171
    (ff)(2) correctly revised......................................51568
52.1891 Revised....................................................62353
52.1892 Revised....................................................62353
52.2020 (b) through (e) revised......................................201
    (d)(1) table amended; eff. 7-9-07..............................31752
    (e)(1) table amended.......36891, 36894, 40748, 40752, 41905, 41908, 
                                48561, 56914, 57209, 59215, 63992, 64950
    (e)(1) table correctly amended.................................54362
52.2037 (m) added..................................................40749
    (m) correctly revised..........................................54362
52.2040 Revised....................................................62353
52.2041 Revised....................................................62354
52.2120 (c) table amended...................................46905, 57215
52.2140 Revised....................................................62354
52.2141 Revised....................................................62354
52.2170 (c) table amended...................................57868, 72621
52.2178 (a) and (b) revised; (c) removed...........................72621
52.2220 (c) Table 3 amended...........................23, 25, 267, 18391
    (c) Table 1 amended............................................46393
    (c) Tables 1 and 5 amended.....................................52474
52.2240 Revised....................................................62354
52.2241 Revised....................................................62355
52.2270 (e) table amended...........................................2782

[[Page 1196]]

    Regulation at 72 FR 2782 withdrawn.............................14043
    (e) table amended; eff. 8-6-07.................................31460
    (c) table and (e) table amended................................41458
    (c) table amended.......................................49202, 57868
52.2283 Revised....................................................62355
52.2284 Revised....................................................62355
52.2320 (c)(59)(i)(A) correctly amended; (c)(64)(i)(A) correctly 
        revised....................................................19385
52.2352 (e) added...................................................4645
    (f) correctly added............................................19385
52.2420 (c) table amended................................656, 4209, 9443
    (e) table amended.................................4209, 30489, 30491
    (b) through (e) revised........................................38921
    (c) table amended.........................45168, 59209, 68513, 73605
52.2440 Revised....................................................62355
52.2441 Revised....................................................62356
52.2470 Regulation at 72 FR 35018 withdrawn........................46157
52.2520 (c) table amended...........................................5934
    (b), (c) and (d) revised........................................8904
    (e) table amended................................25969, 27063, 27250
    (c) table and (e) table amended.........................52292, 71578
    Regulation at 72 FR 52292 withdrawn............................62788
52.2540 Revised....................................................62356
52.2541 Revised....................................................62356
52.2570 (c)(98) correctly revised...................................2198
    (c)(115) added.................................................12568
    (c)(116) added.................................................58546
52.2581 (d) revised................................................18394
52.2587 Revised....................................................62356
52.2588 Revised....................................................62357

                                  2008

40 CFR
                                                                   73 FR
                                                                    Page
52.1020 (c)(64) added...............................................7467
    (c)(63) added...................................................9205
    (c)(61) added...................................................9462
    Redesignated as 52.1037; new 52.1020 added.....................56973
52.1023 (i) added...................................................5101
52.1031 Table amended...................................7468, 9205, 9462
52.1037 Redesignated from 52.1020; heading and (a) revised.........56973
52.1070 (c) table amended........3189, 10674, 40971, 41270, 51601, 53132
    (d) correctly revised..........................................12896
52.1076 (o) and (p) added..........................................43361
52.1120 (c)(134) added..............................................8820
    (c)(136) added.................................................44662
52.1140 Removed....................................................22823
52.1167 Table amended........................................8821, 44663
52.1170 (c) table amended...........................................5104
52.1188 Added......................................................53372
52.1220 (e) table amended; eff. 8-1-08.............................31368
    (e) table amended; eff. 8-4-08.................................31616
52.1270 (c) table corrected; CFR correction........................29691
52.1284 Removed....................................................22823
52.1285 Removed....................................................22823
52.1320 (c) table amended.....................17893, 17895, 53140, 17089
    (c) table amended; eff. 8-19-08.........................35074, 35077
52.1341 Removed....................................................22823
52.1342 Removed....................................................22823
52.1370 (c)(65) added..............................................10154
    (c)(66) added..................................................22062
    (c)(67) added..................................................43873
52.1392 Added......................................................21454
52.1393 Added......................................................10154
52.1470 (c)(65) added...............................................3396
    (c)(25)(v) and (66) added; (c)(56)(i)(A)(3)(i) revised.........19146
    (c)(18)(i)(A), (25)(vi), (56)(i)(A)(9) and (67) added..........20548
    (c)(68) through (71) added.....................................38128
    (c)(72) added..................................................66184
52.1534 (c) added..................................................14388
52.1570 (c)(84) added...............................................8202
    (c)(85) added..................................................40753
52.1602 Added......................................................24870
52.1605 Table amended...............................................8202
52.1670 (c)(113) added..............................................4112
52.1679 Table amended........................................4112, 21546
52.1683 (f) revised................................................15673
52.1684 Removed....................................................22823
52.1685 Removed....................................................22823
52.1770 (e) table amended..........................................18967
    (c) Table 1 amended............................................49615
52.1820 (c) table and (e) table amended; (d) table revised; eff. 
        7-28-08....................................................30313
    (c) table corrected............................................36594
52.1870 (c)(140) added..............................................6040
    (c)(141) added..................................................6429
    (c)(142) added..................................................8200
    (c)(141) corrected to (c)(142).................................11192
    (c)(143) added.................................................15083
    (c)(136) added.................................................15086
52.1881 (a)(4) revised; (a)(7), (8) and (b) removed................15086
52.1882 Removed....................................................15087
52.1885 (gg) added.................................................57248
52.1920 (c) table amended..........................................79404
52.1970 (c)(145)(i)(A) revised; (c)(149) added.....................79661

[[Page 1197]]

52.1973 (a)(2) added...............................................79661
52.2020 (e)(1) table amended........................................2165
    (c)(2) table amended............................................3191
    (d)(1) table amended...........................................11554
    (e)(1) table amended.......11559, 37841, 37842, 37844, 37845, 41272, 
                                 41273,41275, 41276, 42264, 46201, 67778
    (e)(1) table amended; eff. 7-7-08..............................32239
    (e)(1) table amended; eff. 7-30-08.............................36803
52.2023 (k) removed................................................62893
52.2027 (c) added..................................................62893
52.2037 (n) added..................................................43362
52.2059 (c) added..................................................49950
52.2070 (c) table amended..........................................16205
    (b) through (e) revised........................................70874
52.2119 Added......................................................31371
52.2120 (c) table amended..........................................31371
52.2170 (e) table amended; eff. 7-7-08.............................26024
52.2220 (c) table amended...................................48129, 70883
52.2270 (c) table amended..............10386, 40975, 53717, 63381, 73572
    (e) table amended.......................................45169, 58480
    (c) table, (d) table and (e) table amended.....................47839
52.2275 (f) added..................................................61358
52.2320 (c)(65) added..............................................16547
    (c)(66) and (67) added.........................................51225
52.2354 Added......................................................16547
52.2420 (c) table amended.............................2161, 10672, 21542
    (c) table correctly amended...............12012, 62896, 62900, 64213
    (d) table amended................................20177, 53134, 64553
    (e) table amended.......................................23105, 78195
52.2428 (e) added..................................................43362
52.2440 Removed....................................................22823
52.2441 Removed....................................................22823
52.2475 (a)(4) added; eff. 8-26-08.................................36443
52.2520 (e) table amended.......................1285, 2159, 24177, 64551
52.2570 (c)(117) added.............................................12895
    (c)(118) added.................................................62890
    (c)(120) added.................................................76560
    (c)(119) added.................................................76567
52.2581 (f) added..................................................23101
52.2585 (u) added..................................................29443
52.2620 (e) table amended; eff. 7-7-08.............................26025
    (c)(1) table amended...........................................40752

                                  2009

   (Regulations published from January 1, 2009, through July 1, 2009)

40 CFR
                                                                   74 FR
                                                                    Page
52.1070 (b) through (e) revised....................................11648
    (c) table amended..............................................12559
    (c) table correctly amended....................................24704
52.1072 (d) table removed..........................................12559
    (d) correctly removed..........................................24705
52.1073 (e) table removed..........................................12559
    (e) correctly removed..........................................24705
52.1081 Added.......................................................1148
52.1170 (c) table amended; eff. 7-21-09............................23954
    (e) table amended..............................................30952
52.1174 (z) added..................................................30952
52.1220 (d) table amended............................18140, 18637, 18640
    (d) table amended; eff. 7-20-09................................23635
52.1470 (c)(48)(i)(A)(2), (71)(i)(A)(3) and (4) added...............3976
    (c)(66)(i)(A)(4) added.........................................15220
52.1534 (d) added...................................................8867
52.1570 (c)(86) added..............................................14736
    (c)(87) added..................................................17782
52.1582 (l) added..................................................15865
    (m) added......................................................22840
52.1605 Table amended..............................................17783
52.1620 (c) table amended..........................................14733
52.1820 (b) through (e) revised...1814241275, 41276, 42264, 46201, 67778
52.2020 (e)(1) table amended.........................11673, 11677, 19453
    (b), (c), (d) and (e)(1) revised...............................13015
52.2089 Added......................................................12567
52.2120 (d) table amended..........................................18474
    (e) table amended; eff. 7-31-09................................26103
52.2220 (c) Table 3 amended; eff. 8-24-09..........................30237
52.2270 (e) table amended..............................1926, 2391, 18302
    (c) table amended.................................1934, 11856, 19145
52.2275 (g) added...................................................2391
52.2320 (c)(68) added...............................................1903
52.2420 (c) table amended..........................................11663
    (d) table amended..............................................12574
    (e) table amended; eff. 7-16-09................................28446
52.2429 Added.......................................................1148
52.2499 Added.......................................................1593
52.2520 (b), (c) and (d) revised....................................6543
    (c) table amended........................................6553, 12561
52.2585 (v) added..................................................18644


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