[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2012 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          Title 40

Protection of Environment


________________________

Part 52 (Sec. Sec.  52.01 to 52.1018)

                         Revised as of July 1, 2012

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2012
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as 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........................     865
      Alphabetical List of Agencies Appearing in the CFR......     885
      List of CFR Sections Affected...........................     895

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 52.01 refers 
                       to title 40, part 52, 
                       section 01.

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

[[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 
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    To determine whether a Code volume has been amended since its 
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
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Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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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, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in eleven separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

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 
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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.
    What if the material incorporated by reference cannot be found? If 
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CFR INDEXES AND TABULAR GUIDES

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separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
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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.

[[Page vii]]

    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.

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in the Code of Federal Regulations.

INQUIRIES

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the top of odd-numbered pages.
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    Charles A. Barth,
    Director,
    Office of the Federal Register.
    July 1, 2012.







[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-four 
volumes. The parts in these volumes are arranged in the following order: 
Parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-
52.2019), part 52 (52.2020-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 87-95, parts 96-99, 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, 2012.

    Chapter I--Environmental Protection Agency appears in all thirty-
four 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, Bonnie Fritts 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. Sec. 52.01 to 52.1018)

  --------------------------------------------------------------------
                                                                    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 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--Table of Contents



                      Subpart A_General Provisions

Sec.
52.01 Definitions.
52.02 Introduction.
52.04 Classification of regions.
52.05 Public availability of emission data.
52.06 Legal authority.
52.07 Control strategies.
52.08 Rules and regulations.
52.09 Compliance schedules.
52.10 Review of new sources and modifications.
52.11 Prevention of air pollution emergency episodes.
52.12 Source surveillance.
52.13 Air quality surveillance; resources; intergovernmental 
          cooperation.
52.14 State ambient air quality standards.
52.15 Public availability of plans.
52.16 Submission to Administrator.
52.17 Severability of provisions.
52.18 Abbreviations.
52.20 Attainment dates for national standards.
52.21 Prevention of significant deterioration of air quality.
52.22 Enforceable commitments for further actions addressing the 
          pollutant greenhouse gases (GHGs).
52.23 Violation and enforcement.
52.24 Statutory restriction on new sources.
52.26 Visibility monitoring strategy.
52.27 Protection of visibility from sources in attainment areas.
52.28 Protection of visibility from sources in nonattainment areas.
52.29 Visibility long-term strategies.
52.30 Criteria for limiting application of sanctions under section 
          110(m) of the Clean Air Act on a statewide basis.
52.31 Selection of sequence of mandatory sanctions for findings made 
          pursuant to section 179 of the Clean Air Act.
52.32 Sanctions following findings of SIP inadequacy.
52.33 Compliance certifications.
52.34 Action on petitions submitted under section 126 relating to 
          emissions of nitrogen oxides.
52.35 What are the requirements of the Federal Implementation Plans 
          (FIPs) for the Clean Air Interstate Rule (CAIR) relating to 
          emissions of nitrogen oxides?
52.36 What are the requirements of the Federal Implementation Plans 
          (FIPs) for the Clean Air Interstate Rule (CAIR) relating to 
          emissions of sulfur dioxide?
52.37 What are the requirements of the Federal Implementation Plans 
          (FIPs) to issue permits under the Prevention of Significant 
          Deterioration requirements to sources that emit greenhouse 
          gases?
52.38 What are the requirements of the Federal Implementation Plans 
          (FIPs) under the Transport Rule (TR) relating to emissions of 
          nitrogen oxides?
52.39 What are the requirements of the Federal Implementation Plans 
          (FIPs) for the Transport Rule (TR) relating to emissions of 
          sulfur dioxide?

                            Subpart B_Alabama

52.50 Identification of plan.
52.51 Classification of regions.
52.53 Approval Status.
52.54 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.55 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
52.56 Review of new sources and modifications.
52.57 Control strategy: Sulfur oxides.
52.58 Control strategy: Lead.
52.60 Significant deterioration of air quality.
52.61 Visibility protection.
52.62 Control strategy: Sulfur oxides and particulate matter.
52.63 PM10 State Implementation Plan development in group II 
          areas.
52.64 Determination of attainment.
52.65 Control strategy: Nitrogen oxides.
52.66 Control strategy: Ozone.
52.69 Original identification of plan section.

                            Subpart C_Alaska

52.70 Identification of plan.
52.71 Classification of regions.
52.72 Approval status.
52.73 Approval of plans.
52.74-52.75 [Reserved]
52.76 1990 Base Year Emission Inventory.
52.77-52.81 [Reserved]
52.82 Extensions.
52.83-52.95 [Reserved]
52.96 Significant deterioration of air quality.
52.97 Interstate Transport for the 1997 8-hour ozone and PM2.5 NAAQS.

                            Subpart D_Arizona

52.111 Toll free number assignment.
52.120 Identification of plan.
52.121 Classification of regions.
52.122 Negative declarations.

[[Page 6]]

52.123 Approval status.
52.124 Part D disapproval.
52.125 Control strategy and regulations: Sulfur oxides.
52.126 Control strategy and regulations: Particulate matter.
52.127 Commitment to promulgate and implement reasonably available 
          control measures for the agricultural fields and aprons.
52.128 Rule for unpaved parking lots, unpaved roads and vacant lots.
52.129 Review of new sources and modifications.
52.130 Source surveillance.
52.131-52.132 [Reserved]
52.133 Rules and regulations.
52.134 Compliance schedules.
52.135 Resources.
52.136 Control strategy for ozone: Oxides of nitrogen.
52.137 [Reserved]
52.138 Conformity procedures.
52.139 [Reserved]
52.140 Monitoring transportation trends.
52.141 [Reserved]
52.142 Federal Implementation Plan for Tri-Cities landfill, Salt River 
          Pima-Maricopa Indian Community.
52.143 [Reserved]
52.144 Significant deterioration of air quality.
52.145 Visibility protection.
52.146 Particulate matter (PM-10) Group II SIP commitments.
52.150 Yavapai-Apache Reservation.
52.151 Operating permits.

                           Subpart E_Arkansas

52.170 Identification of plan.
52.171 Classification of regions.
52.172 Approval status.
52.173 Visibility protection.
52.174-52.180 [Reserved]
52.181 Significant deterioration of air quality.
52.183 Small business assistance program.
52.184 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.200 Original identification of plan section.

                          Subpart F_California

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

[[Page 7]]

52.283 Interstate Transport.

                           Subpart G_Colorado

52.320 Identification of plan.
52.321 Classification of regions.
52.322 Extensions.
52.323 Approval status.
52.324 Legal authority.
52.325 [Reserved]
52.326 Area-wide nitrogen oxides (NOX) exemptions.
52.327-52.328 [Reserved]
52.329 Rules and regulations.
52.330 Control strategy: Total suspended particulates.
52.331 Committal SIP for the Colorado Group II PM10 areas.
52.332 Control strategy: Particulate matter.
52.333-52.342 [Reserved]
52.343 Significant deterioration of air quality.
52.344 Visibility protection.
52.345 Stack height regulations.
52.346 Air quality monitoring requirements.
52.347 [Reserved]
52.348 Emission inventories.
52.349 Control strategy: Carbon monoxide.
52.350 Control strategy: Ozone.
52.351 United States Postal Service substitute Clean Fuel Fleet Program.
52.352 Interstate transport.
52.353 Section 110(a)(2) infrastructure requirements.

                          Subpart H_Connecticut

52.369 [Reserved]
52.370 Identification of plan.
52.371 Classification of regions.
52.372 Extensions.
52.373 Approval status.
52.374 Attainment dates for national standards.
52.375 Certification of no sources.
52.376 Control strategy: Carbon monoxide.
52.377 Control strategy: Ozone.
52.378 Control strategy: PM10
52.379 Control strategy: PM2.5.
52.380 Rules and regulations.
52.381 Requirements for State implementation plan revisions relating to 
          new motor vehicles.
52.382 Significant deterioration of air quality.
52.383 Stack height review.
52.384 Emission inventories.
52.385 EPA-approved Connecticut regulations.
52.387 Interstate Transport for the 1997 8-hour ozone and PM2.5 NAAQS.

                           Subpart I_Delaware

52.420 Identification of plan.
52.421 Classification of regions.
52.422 Approval status.
52.423 1990 Base Year Emission Inventory.
52.424 Conditional approval.
52.425 Determinations of attainment.
52.426 Control Strategy plans for attainment and rate-of-progress: 
          ozone.
52.427 Control strategy: Particulate matter.
52.428-52.429 [Reserved]
52.430 Photochemical assessment monitoring stations (PAMS) program.
52.431 [Reserved]
52.432 Significant deterioration of air quality.
52.433 Requirements for State implementation plan revisions relating to 
          new motor vehicles.
52.440 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.441 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
52.460 Small business stationary source technical and environmental 
          compliance assistance program.
52.465 Original identification of plan section.

                     Subpart J_District of Columbia

52.470 Identification of plan.
52.471 Classification of regions.
52.472 Approval status.
52.473 Conditional approval.
52.474 Base Year Emissions Inventory.
52.475 Determinations of attainment.
52.476 Control strategy: ozone.
52.477 Control strategy: Particulate matter.
52.478 Rules and Regulations.
52.479 Source surveillance.
52.480 Photochemical assessment monitoring stations (PAMS) program.
52.481-52.483 [Reserved]
52.484 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.485 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
52.486-52.497 [Reserved]
52.498 Requirements for State implementation plan revisions relating to 
          new motor vehicles.
52.499 Significant deterioration of air quality.
52.510 Small business assistance program.
52.515 Original identification of plan section.

                            Subpart K_Florida

52.519 [Reserved]
52.520 Identification of plan.
52.521 Classification of regions.
52.522 Approval status.
52.523 [Reserved]
52.524 Compliance schedules.

[[Page 8]]

52.525 General requirements.
52.526 Legal authority.
52.527 Control strategy: General.
52.528 Control strategy: Sulfur oxides and particulate matter.
52.529 [Reserved]
52.530 Significant deterioration of air quality.
52.532 Extensions.
52.533 Source surveillance.
52.534 Visibility protection.
52.536 Original identification of plan section.
52.540 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?

                            Subpart L_Georgia

52.569 [Reserved]
52.570 Identification of plan.
52.571 Classification of regions.
52.572 Approval status.
52.573 Control strategy: General.
52.574-52.575 [Reserved]
52.576 Compliance schedules.
52.577 Determination of attainment.
52.578 Control strategy: Sulfur oxides and particulate matter.
52.579 Economic feasibility considerations.
52.580 Visibility protection.
52.581 Significant deterioration of air quality.
52.582 Control strategy: Ozone.
52.583 Additional rules and regulations.
52.584 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.585 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
52.590 Original Identification of plan section.

                            Subpart M_Hawaii

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

                             Subpart N_Idaho

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

                           Subpart O_Illinois

52.719 Identification of plan--Conditional approval.
52.720 Identification of plan.
52.721 Classification of regions.
52.722 Approval status.
52.723 [Reserved]
52.724 Control strategy: Sulfur dioxide.
52.725 Control strategy: Particulates.
52.726 Control strategy: Ozone.
52.727 [Reserved]
52.728 Control strategy: Nitrogen dioxide. [Reserved]
52.729 Control strategy: Carbon monoxide.
52.730 Compliance schedules.
52.731 Section 110(a)(2) infrastructure requirements.
52.732 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
52.733-52.735 [Reserved]
52.736 Review of new sources and modifications.
52.737 Operating permits.
52.738 Significant deterioration of air quality.
52.739 Permit fees.
52.740 Interstate pollution.
52.741 Control strategy: Ozone control measures for Cook, DuPage, Kane, 
          Lake, McHenry and Will Counties.
52.742 Incorporation by reference.
52.743 Continuous monitoring.
52.744 Small business stationary source technical and environmental 
          compliance assistance program.FIP requirements for decreases 
          in emissions of sulfur dioxide?

                            Subpart P_Indiana

52.769 Identification of plan--conditional approval.
52.770 Identification of plan.
52.771 Classification of regions.
52.772 [Reserved]
52.773 Approval status.
52.774 Determination of attainment.
52.775 Legal authority.
52.776 Control strategy: Particulate matter.

[[Page 9]]

52.777 Control strategy: Photochemical oxidants (hydrocarbons).
52.778 Compliance schedules.
52.779 [Reserved]
52.780 Review of new sources and modifications.
52.781 Rules and regulations.
52.782 Request for 18-month extension.
52.783 [Reserved]
52.784 Transportation and land use controls.
52.785 Control strategy: Carbon monoxide.
52.786 Inspection and maintenance program.
52.787 Gasoline transfer vapor control.
52.788 Operating permits.
52.789 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.790 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
52.791 Visibility protection.
52.792 [Reserved]
52.793 Significant deterioration of air quality.
52.794 Source surveillance.
52.795 Control strategy: Sulfur dioxide.
52.796 Industrial continuous emission monitoring.
52.797 Control strategy: Lead.
52.798 Small business stationary source technical and environmental 
          compliance assistance program.
52.799 Transportation conformity.
52.800 Original identification of plan section.

                             Subpart Q_Iowa

52.820 Identification of plan.
52.821 Classification of regions.
52.822 Approval status.
52.823 PM10 State Implementation Plan Development in Group II 
          Areas.
52.824 Original identification of plan section.
52.825 Compliance schedules.
52.826-52.827 [Reserved]
52.828 Enforcement.
52.829-52.832 [Reserved]
52.833 Significant deterioration of air quality.
52.834 Control strategy: Sulfur dioxide.
52.840 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.841 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
52.842 Visibility protection.

                            Subpart R_Kansas

52.869 [Reserved]
52.870 Identification of plan.
52.871 Classification of regions.
52.872 Operating permits.
52.873 Approval status.
52.874 Legal authority.
52.875 Original identification of plan section.
52.876 Compliance schedules.
52.877-52.880 [Reserved]
52.881 PM10 State implementation plan development in group II 
          areas.
52.882 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.883 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?
52.884 Significant deterioration of air quality.

                           Subpart S_Kentucky

52.919 Identification of plan-conditional approval.
52.920 Identification of plan.
52.921 Classification of regions.
52.922 [Reserved]
52.923 Approval status.
52.924 Legal authority.
52.925 General requirements.
52.926 Attainment dates for national standards.
52.927 Compliance schedules.
52.928 Control strategy: Sulphur oxides.
52.929 Determination of attainment.
52.930 Control strategy: Ozone.
52.931 Significant deterioration of air quality.
52.932 Rules and regulations.
52.933 Control strategy: Sulfur oxides and particulate matter.
52.934 VOC rule deficiency correction.
52.935 PM10 State implementation plan development in group II 
          areas.
52.936 Visibility protection.
52.937 Review of new sources and modifications.
52.938 General conformity.
52.939 Original identification of plan section.
52.940 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.941 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of sulfur dioxide?

                           Subpart T_Louisiana

52.970 Identification of plan.
52.971 Classification of regions.
52.972-52.974 [Reserved]
52.975 Redesignations and maintenance plans; ozone.
52.976 Review of new sources and modification.
52.977 Control strategy and regulations: Ozone.

[[Page 10]]

52.978-52.983 [Reserved]
52.984 Interstate pollutant transport provisions; What are the FIP 
          requirements for decreases in emissions of nitrogen oxides?
52.985 Visibility protection.
52.986 Significant deterioration of air quality.
52.987 Control of hydrocarbon emissions.
52.988 [Reserved]
52.990 Stack height regulations
52.991 Small business assistance program.
52.992 Area-wide nitrogen oxides exemptions.
52.993 Emissions inventories.
52.994 [Reserved]
52.995 Enhanced ambient air quality monitoring.
52.996 Disapprovals.
52.999 Original Identification of plan section.
52.1000-52.1018 [Reserved]

    Authority: 42 U.S.C. 7401 et seq.



                      Subpart A_General Provisions

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



Sec. 52.01  Definitions.

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

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



Sec. 52.02  Introduction.

    (a) This part sets forth the Administrator's approval and 
disapproval of State plans and the Administrator's promulgation of such 
plans or portions thereof. Approval of a plan or any portion thereof is 
based upon a determination by the Administrator that such plan or 
portion meets the requirements of section 110 of the Act and the 
provisions of part 51 of this chapter.
    (b) Any plan or portion thereof promulgated by the Administrator 
substitutes for a State plan or portion thereof disapproved by the 
Administrator or not submitted by a State, or supplements a State plan 
or portion thereof. The promulgated provisions, together with any 
portions of a State plan approved by the Administrator, constitute the 
applicable plan for purposes of the Act.
    (c) Where nonregulatory provisions of a plan are disapproved, the 
disapproval is noted in this part and a detailed evaluation is provided 
to the State, but

[[Page 11]]

no substitute provisions are promulgated by the Administrator.
    (d) All approved plans and plan revisions listed in subparts B 
through DDD of this part and on file at the Office of the Federal 
Register are approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Notice of amendments to the plans will be published in the Federal 
Register. The plans and plan revisions are available for inspection 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. In addition the plans and plan 
revisions are available at the following locations:
    (1) Office of Air and Radiation, Docket and Information Center (Air 
Docket), EPA, 401 M St., SW., Room M1500, Washington, DC 20460.
    (2) The appropriate EPA Regional Office as listed below:
    (i) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, 
and Vermont. Environmental Protection Agency, Region 1, 5 Post Office 
Square--Suite 100, Boston, MA 02109-3912.
    (ii) New York, New Jersey, Puerto Rico, and Virgin Islands. 
Environmental Protection Agency, Region 2, 290 Broadway, New York, NY 
10007-1866.
    (iii) Delaware, District of Columbia, Pennsylvania, Maryland, 
Virginia, and West Virginia. Environmental Protection Agency, Region 3, 
1650 Arch Street, Philadelphia, PA 19103-2029.
    (iv) Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, and Tennessee. Environmental Protection 
Agency, Region 4, 61 Forsyth Street, Atlanta, Georgia 30303.
    (v) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, IL 60604-3507.
    (vi) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. 
Environmental Protection Agency, Region 6, Fountain Place, 1445 Ross 
Avenue, Suite 1200, Dallas TX 75202-2733.
    (vii) Iowa, Kansas, Missouri, and Nebraska. Environmental Protection 
Agency, Region 7, 901 North 5th Street, Kansas City, KS 66101.
    (viii) Colorado, Montana, North Dakota, South Dakota, Utah, and 
Wyoming. Environmental Protection Agency, Region 8, 1595 Wynkoop Street, 
Denver, CO 80202-1129.
    (ix) Arizona, California, Hawaii, Nevada, American Samoa, and Guam. 
Environmental Protection Agency, Region 9, 75 Hawthorne Street, San 
Francisco, CA 94105.
    (x) Alaska, Idaho, Oregon, and Washington. Environmental Protection 
Agency, Region 10, 1200 6th Avenue Seattle, WA 98101.
    (e) Each State's plan is dealt with in a separate subpart, which 
includes an introductory section identifying the plan by name and the 
date of its submittal, a section classifying regions, and a section 
setting forth dates for attainment of the national standards. Additional 
sections are included as necessary to specifically identify disapproved 
provisions, to set forth reasons for disapproval, and to set forth 
provisions of the plan promulgated by the Administrator. Except as 
otherwise specified, all supplemental information submitted to the 
Administrator with respect to any plan has been submitted by the 
Governor of the State.
    (f) Revisions to applicable plans will be included in this part when 
approved or promulgated by the Administrator.

[37 FR 10846, May 31, 1972, as amended at 37 FR 15080, July 27, 1972; 47 
FR 38886, Sept. 3, 1982; 61 FR 16060, Apr. 11, 1996; 72 FR 38793, July 
16, 2007; 76 FR 49671, Aug. 11, 2011]



Sec. 52.04  Classification of regions.

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



Sec. 52.05  Public availability of emission data.

    Each subpart sets forth the Administrator's disapproval of plan 
procedures for making emission data available to

[[Page 12]]

the public after correlation with applicable emission limitations, and 
includes the promulgation of requirements that sources report emission 
data to the Administrator for correlation and public disclosure.



Sec. 52.06  Legal authority.

    (a) The Administrator's determination of the absence or inadequacy 
of legal authority required to be included in the plan is set forth in 
each subpart. This includes the legal authority of local agencies and 
State governmental agencies other than an air pollution control agency 
if such other agencies are assigned responsibility for carrying out a 
plan or portion thereof.
    (b) No legal authority as such is promulgated by the Administrator. 
Where required regulatory provisions are not included in the plan by the 
State because of inadequate legal authority, substitute provisions are 
promulgated by the Administrator.

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



Sec. 52.07  Control strategies.

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

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



Sec. 52.08  Rules and regulations.

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



Sec. 52.09  Compliance schedules.

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

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

[[Page 13]]



Sec. 52.10  Review of new sources and modifications.

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

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



Sec. 52.11  Prevention of air pollution emergency episodes.

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

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



Sec. 52.12  Source surveillance.

    (a) Each subpart identifies the plan provisions for source 
surveillance which are disapproved, and sets forth the Administrator's 
promulgation of necessary provisions for requiring sources to maintain 
records, make reports, and submit information.
    (b) No provisions are promulgated for any disapproved State or local 
agency procedures for testing, inspection, investigation, or detection, 
but detailed critiques of such portions are provided to the State.
    (c) For purposes of Federal enforcement, the following test 
procedures and methods shall be used, provided that for the purpose of 
establishing whether or not a person has violated or is in violation of 
any provision of the plan, nothing in this part shall preclude the use, 
including the exclusive use, of any credible evidence or information, 
relevant to whether a source would have been in compliance with 
applicable requirements if the appropriate performance or compliance 
test procedures or methods had been performed:
    (1) Sources subject to plan provisions which do not specify a test 
procedure and sources subject to provisions promulgated by the 
Administrator will be tested by means of the appropriate procedures and 
methods prescribed in part 60 of this chapter unless otherwise specified 
in this part.
    (2) Sources subject to approved provisions of a plan wherein a test 
procedure is specified will be tested by the specified procedure.

[37 FR 10846, May 31, 1972, as amended at 40 FR 26032, June 20, 1975; 62 
FR 8328, Feb. 24, 1997]



Sec. 52.13  Air quality surveillance; resources; intergovernmental 

cooperation.

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



Sec. 52.14  State ambient air quality standards.

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



Sec. 52.15  Public availability of plans.

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

[[Page 14]]



Sec. 52.16  Submission to Administrator.

    (a) All requests, reports, applications, submittals, and other 
communications to the Administrator pursuant to this part shall be 
submitted in duplicate and addressed to the appropriate Regional Office 
of the Environmental Protection Agency.
    (b) The Regional Offices are as follows:
    (1) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, 
and Vermont. EPA Region 1, 5 Post Office Square--Suite 100, Boston, MA 
02109-3912.
    (2) New York, New Jersey, Puerto Rico, and Virgin Islands. EPA 
Region 2, 290 Broadway, New York, NY 10007-1866.
    (3) Delaware, District of Columbia, Pennsylvania, Maryland, 
Virginia, and West Virginia. EPA Region 3, 1650 Arch Street, 
Philadelphia, PA 19103-2029.
    (4) Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, and Tennessee. EPA Region 4, 61 Forsyth 
Street, Atlanta, Georgia 30303.
    (5) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. EPA 
Region 5, 77 West Jackson Boulevard, Chicago, IL 60604-3507.
    (6) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. EPA Region 
6, Fountain Place, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202-2733.
    (7) Iowa, Kansas, Missouri, and Nebraska. EPA Region 7, 901 North 
5th Street, Kansas City, KS 66101.
    (8) Colorado, Montana, North Dakota, South Dakota, Utah, and 
Wyoming. EPA, Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129.
    (9) Arizona, California, Hawaii, Nevada, American Samoa, and Guam. 
EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105.
    (10) Alaska, Idaho, Oregon, and Washington. EPA, Region 10, 1200 6th 
Avenue, Seattle, WA 98101.

[61 FR 16061, Apr. 11, 1996, as amended at 72 FR 38793, July 16, 2007; 
76 FR 49671, Aug. 11, 2011]



Sec. 52.17  Severability of provisions.

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

[37 FR 19808, Sept. 22, 1972]



Sec. 52.18  Abbreviations.

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

[38 FR 12698, May 14, 1973]



Sec. 52.20  Attainment dates for national standards.

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

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



Sec. 52.21  Prevention of significant deterioration of air quality.

    (a)(1) Plan disapproval. The provisions of this section are 
applicable to any State implementation plan which has been disapproved 
with respect to prevention of significant deterioration of air quality 
in any portion of any State where the existing air quality is better 
than the national ambient air quality standards. Specific disapprovals 
are listed where applicable, in subparts B

[[Page 15]]

through DDD of this part. The provisions of this section have been 
incorporated by reference into the applicable implementation plans for 
various States, as provided in subparts B through DDD of this part. 
Where this section is so incorporated, the provisions shall also be 
applicable to all lands owned by the Federal Government and Indian 
Reservations located in such State. No disapproval with respect to a 
State's failure to prevent significant deterioration of air quality 
shall invalidate or otherwise affect the obligations of States, emission 
sources, or other persons with respect to all portions of plans approved 
or promulgated under this part.
    (2) Applicability procedures. (i) The requirements of this section 
apply to the construction of any new major stationary source (as defined 
in paragraph (b)(1) of this section) or any project at an existing major 
stationary source in an area designated as attainment or unclassifiable 
under sections 107(d)(1)(A)(ii) or (iii) of the Act.
    (ii) The requirements of paragraphs (j) through (r) of this section 
apply to the construction of any new major stationary source or the 
major modification of any existing major stationary source, except as 
this section otherwise provides.
    (iii) No new major stationary source or major modification to which 
the requirements of paragraphs (j) through (r)(5) of this section apply 
shall begin actual construction without a permit that states that the 
major stationary source or major modification will meet those 
requirements. The Administrator has authority to issue any such permit.
    (iv) The requirements of the program will be applied in accordance 
with the principles set out in paragraphs (a)(2)(iv)(a) through (f) of 
this section.
    (a) Except as otherwise provided in paragraphs (a)(2)(v) and (vi) of 
this section, and consistent with the definition of major modification 
contained in paragraph (b)(2) of this section, a project is a major 
modification for a regulated NSR pollutant if it causes two types of 
emissions increases--a significant emissions increase (as defined in 
paragraph (b)(40) of this section), and a significant net emissions 
increase (as defined in paragraphs (b)(3) and (b)(23) of this section). 
The project is not a major modification if it does not cause a 
significant emissions increase. If the project causes a significant 
emissions increase, then the project is a major modification only if it 
also results in a significant net emissions increase.
    (b) The procedure for calculating (before beginning actual 
construction) whether a significant emissions increase (i.e., the first 
step of the process) will occur depends upon the type of emissions units 
being modified, according to paragraphs (a)(2)(iv)(c) through (f) of 
this section. The procedure for calculating (before beginning actual 
construction) whether a significant net emissions increase will occur at 
the major stationary source (i.e., the second step of the process) is 
contained in the definition in paragraph (b)(3) of this section. 
Regardless of any such preconstruction projections, a major modification 
results if the project causes a significant emissions increase and a 
significant net emissions increase.
    (c) Actual-to-projected-actual applicability test for projects that 
only involve existing emissions units. A significant emissions increase 
of a regulated NSR pollutant is projected to occur if the sum of the 
difference between the projected actual emissions (as defined in 
paragraph (b)(41) of this section) and the baseline actual emissions (as 
defined in paragraphs (b)(48)(i) and (ii) of this section), for each 
existing emissions unit, equals or exceeds the significant amount for 
that pollutant (as defined in paragraph (b)(23) of this section).
    (d) Actual-to-potential test for projects that only involve 
construction of a new emissions unit(s). A significant emissions 
increase of a regulated NSR pollutant is projected to occur if the sum 
of the difference between the potential to emit (as defined in paragraph 
(b)(4) of this section) from each new emissions unit following 
completion of the project and the baseline actual emissions (as defined 
in paragraph (b)(48)(iii) of this section) of these units before the 
project equals or exceeds the significant amount for that pollutant (as 
defined in paragraph (b)(23) of this section).

[[Page 16]]

    (e) [Reserved]
    (f) Hybrid test for projects that involve multiple types of 
emissions units. A significant emissions increase of a regulated NSR 
pollutant is projected to occur if the sum of the emissions increases 
for each emissions unit, using the method specified in paragraphs 
(a)(2)(iv)(c) through (d) of this section as applicable with respect to 
each emissions unit, for each type of emissions unit equals or exceeds 
the significant amount for that pollutant (as defined in paragraph 
(b)(23) of this section).
    (v) For any major stationary source for a PAL for a regulated NSR 
pollutant, the major stationary source shall comply with the 
requirements under paragraph (aa) of this section.
    (b) Definitions. For the purposes of this section:
    (1)(i) Major stationary source means:
    (a) Any of the following stationary sources of air pollutants which 
emits, or has the potential to emit, 100 tons per year or more of any 
regulated NSR pollutant: Fossil fuel-fired steam electric plants of more 
than 250 million British thermal units per hour heat input, coal 
cleaning plants (with thermal dryers), kraft pulp mills, portland cement 
plants, primary zinc smelters, iron and steel mill plants, primary 
aluminum ore reduction plants (with thermal dryers), primary copper 
smelters, municipal incinerators capable of charging more than 250 tons 
of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, 
petroleum refineries, lime plants, phosphate rock processing plants, 
coke oven batteries, sulfur recovery plants, carbon black plants 
(furnace process), primary lead smelters, fuel conversion plants, 
sintering plants, secondary metal production plants, chemical process 
plants (which does not include ethanol production facilities that 
produce ethanol by natural fermentation included in NAICS codes 325193 
or 312140), fossil-fuel boilers (or combinations thereof) totaling more 
than 250 million British thermal units per hour heat input, petroleum 
storage and transfer units with a total storage capacity exceeding 
300,000 barrels, taconite ore processing plants, glass fiber processing 
plants, and charcoal production plants;
    (b) Notwithstanding the stationary source size specified in 
paragraph (b)(1)(i) of this section, any stationary source which emits, 
or has the potential to emit, 250 tons per year or more of a regulated 
NSR pollutant; or
    (c) Any physical change that would occur at a stationary source not 
otherwise qualifying under paragraph (b)(1) of this section, as a major 
stationary source, if the changes would constitute a major stationary 
source by itself.
    (ii) A major source that is major for volatile organic compounds or 
NOX shall be considered major for ozone.
    (iii) The fugitive emissions of a stationary source shall not be 
included in determining for any of the purposes of this section whether 
it is a major stationary source, unless the source belongs to one of the 
following categories of stationary sources:
    (a) Coal cleaning plants (with thermal dryers);
    (b) Kraft pulp mills;
    (c) Portland cement plants;
    (d) Primary zinc smelters;
    (e) Iron and steel mills;
    (f) Primary aluminum ore reduction plants;
    (g) Primary copper smelters;
    (h) Municipal incinerators capable of charging more than 250 tons of 
refuse per day;
    (i) Hydrofluoric, sulfuric, or nitric acid plants;
    (j) Petroleum refineries;
    (k) Lime plants;
    (l) Phosphate rock processing plants;
    (m) Coke oven batteries;
    (n) Sulfur recovery plants;
    (o) Carbon black plants (furnace process);
    (p) Primary lead smelters;
    (q) Fuel conversion plants;
    (r) Sintering plants;
    (s) Secondary metal production plants;
    (t) Chemical process plants--The term chemical processing plant 
shall not include ethanol production facilities that produce ethanol by 
natural fermentation included in NAICS codes 325193 or 312140;
    (u) Fossil-fuel boilers (or combination thereof) totaling more than 
250 million British thermal units per hour heat input;

[[Page 17]]

    (v) Petroleum storage and transfer units with a total storage 
capacity exceeding 300,000 barrels;
    (w) Taconite ore processing plants;
    (x) Glass fiber processing plants;
    (y) Charcoal production plants;
    (z) Fossil fuel-fired steam electric plants of more that 250 million 
British thermal units per hour heat input, and
    (aa) Any other stationary source category which, as of August 7, 
1980, is being regulated under section 111 or 112 of the Act.
    (2)(i) Major modification means any physical change in or change in 
the method of operation of a major stationary source that would result 
in: a significant emissions increase (as defined in paragraph (b)(40) of 
this section) of a regulated NSR pollutant (as defined in paragraph 
(b)(50) of this section); and a significant net emissions increase of 
that pollutant from the major stationary source.
    (ii) Any significant emissions increase (as defined at paragraph 
(b)(40) of this section) from any emissions units or net emissions 
increase (as defined in paragraph (b)(3) of this section) at a major 
stationary source that is significant for volatile organic compounds or 
NOX shall be considered significant for ozone.
    (iii) A physical change or change in the method of operation shall 
not include:
    (a) Routine maintenance, repair and replacement. Routine 
maintenance, repair and replacement shall include, but not be limited 
to, any activity(s) that meets the requirements of the equipment 
replacement provisions contained in paragraph (cc) of this section;

    Note to paragraph (b)(2)(iii)(a): By court order on December 24, 
2003, the second sentence of this paragraph (b)(2)(iii)(a) is stayed 
indefinitely. The stayed provisions will become effective immediately if 
the court terminates the stay. At that time, EPA will publish a document 
in the Federal Register advising the public of the termination of the 
stay.

    (b) Use of an alternative fuel or raw material by reason of an order 
under sections 2 (a) and (b) of the Energy Supply and Environmental 
Coordination Act of 1974 (or any superseding legislation) or by reason 
of a natural gas curtailment plant pursuant to the Federal Power Act;
    (c) Use of an alternative fuel by reason of an order or rule under 
section 125 of the Act;
    (d) Use of an alternative fuel at a steam generating unit to the 
extent that the fuel is generated from municipal solid waste;
    (e) Use of an alternative fuel or raw material by a stationary 
source which:
    (1) The source was capable of accommodating before January 6, 1975, 
unless such change would be prohibited under any federally enforceable 
permit condition which was established after January 6, 1975 pursuant to 
40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I 
or 40 CFR 51.166; or
    (2) The source is approved to use under any permit issued under 40 
CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166;
    (f) An increase in the hours of operation or in the production rate, 
unless such change would be prohibited under any federally enforceable 
permit condition which was established after January 6, 1975, pursuant 
to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart 
I or 40 CFR 51.166.
    (g) Any change in ownership at a stationary source.
    (h) [Reserved]
    (i) The installation, operation, cessation, or removal of a 
temporary clean coal technology demonstration project, provided that the 
project complies with:
    (1) The State implementation plan for the State in which the project 
is located, and
    (2) Other requirements necessary to attain and maintain the national 
ambient air quality standards during the project and after it is 
terminated.
    (j) The installation or operation of a permanent clean coal 
technology demonstration project that constitutes repowering, provided 
that the project does not result in an increase in the potential to emit 
of any regulated pollutant emitted by the unit. This exemption shall 
apply on a pollutant-by-pollutant basis.
    (k) The reactivation of a very clean coal-fired electric utility 
steam generating unit.

[[Page 18]]

    (iv) This definition shall not apply with respect to a particular 
regulated NSR pollutant when the major stationary source is complying 
with the requirements under paragraph (aa) of this section for a PAL for 
that pollutant. Instead, the definition at paragraph (aa)(2)(viii) of 
this section shall apply.
    (v) Fugitive emissions shall not be included in determining for any 
of the purposes of this section whether a physical change in or change 
in the method of operation of a major stationary source is a major 
modification, unless the source belongs to one of the source categories 
listed in paragraph (b)(1)(iii) of this section.
    (3)(i) Net emissions increase means, with respect to any regulated 
NSR pollutant emitted by a major stationary source, the amount by which 
the sum of the following exceeds zero:
    (a) The increase in emissions from a particular physical change or 
change in the method of operation at a stationary source as calculated 
pursuant to paragraph (a)(2)(iv) of this section; and
    (b) Any other increases and decreases in actual emissions at the 
major stationary source that are contemporaneous with the particular 
change and are otherwise creditable. Baseline actual emissions for 
calculating increases and decreases under this paragraph (b)(3)(i)(b) 
shall be determined as provided in paragraph (b)(48) of this section, 
except that paragraphs (b)(48)(i)(c) and (b)(48)(ii)(d) of this section 
shall not apply.
    (ii) An increase or decrease in actual emissions is contemporaneous 
with the increase from the particular change only if it occurs between:
    (a) The date five years before construction on the particular change 
commences; and
    (b) The date that the increase from the particular change occurs.
    (iii) An increase or decrease in actual emissions is creditable only 
if:
    (a) The Administrator or other reviewing authority has not relied on 
it in issuing a permit for the source under this section, which permit 
is in effect when the increase in actual emissions from the particular 
change occurs; and
    (b) The increase or decrease in emissions did not occur at a Clean 
Unit except as provided in paragraphs (x)(8) and (y)(10) of this 
section.
    (c) As it pertains to an increase or decrease in fugitive emissions 
(to the extent quantifiable), it occurs at an emissions unit that is 
part of one of the source categories listed in paragraph (b)(1)(iii) of 
this section or it occurs at an emission unit that is located at a major 
stationary source that belongs to one of the listed source 
categories.(iv) An increase or decrease in actual emissions of sulfur 
dioxide, particulate matter, or nitrogen oxides that occurs before the 
applicable minor source baseline date is creditable only if it is 
required to be considered in calculating the amount of maximum allowable 
increases remaining available.
    (v) An increase in actual emissions is creditable only to the extent 
that the new level of actual emissions exceeds the old level.
    (vi) A decrease in actual emissions is creditable only to the extent 
that:
    (a) The old level of actual emissions or the old level of allowable 
emissions, whichever is lower, exceeds the new level of actual 
emissions;
    (b) It is enforceable as a practical matter at and after the time 
that actual construction on the particular change begins.
    (c) It has approximately the same qualitative significance for 
public health and welfare as that attributed to the increase from the 
particular change; and
    (vii) [Reserved]
    (viii) An increase that results from a physical change at a source 
occurs when the emissions unit on which construction occurred becomes 
operational and begins to emit a particular pollutant. Any replacement 
unit that requires shakedown becomes operational only after a reasonable 
shakedown period, not to exceed 180 days.
    (ix) Paragraph (b)(21)(ii) of this section shall not apply for 
determining creditable increases and decreases.
    (4) Potential to emit means the maximum capacity of a stationary 
source to emit a pollutant under its physical and operational design. 
Any physical or operational limitation on the capacity of the source to 
emit a pollutant,

[[Page 19]]

including air pollution control equipment and restrictions on hours of 
operation or on the type or amount of material combusted, stored, or 
processed, shall be treated as part of its design if the limitation or 
the effect it would have on emissions is federally enforceable. 
Secondary emissions do not count in determining the potential to emit of 
a stationary source.
    (5) Stationary source means any building, structure, facility, or 
installation which emits or may emit a regulated NSR pollutant.
    (6) Building, structure, facility, or installation means all of the 
pollutant-emitting activities which belong to the same industrial 
grouping, are located on one or more contiguous or adjacent properties, 
and are under the control of the same person (or persons under common 
control) except the activities of any vessel. Pollutant-emitting 
activities shall be considered as part of the same industrial grouping 
if they belong to the same ``Major Group'' (i.e., which have the same 
first two digit code) as described in the Standard Industrial 
Classification Manual, 1972, as amended by the 1977 Supplement (U. S. 
Government Printing Office stock numbers 4101-0066 and 003-005-00176-0, 
respectively).
    (7) Emissions unit means any part of a stationary source that emits 
or would have the potential to emit any regulated NSR pollutant and 
includes an electric utility steam generating unit as defined in 
paragraph (b)(31) of this section. For purposes of this section, there 
are two types of emissions units as described in paragraphs (b)(7)(i) 
and (ii) of this section.
    (i) A new emissions unit is any emissions unit that is (or will be) 
newly constructed and that has existed for less than 2 years from the 
date such emissions unit first operated.
    (ii) An existing emissions unit is any emissions unit that does not 
meet the requirements in paragraph (b)(7)(i) of this section. A 
replacement unit, as defined in paragraph (b)(33) of this section, is an 
existing emissions unit.
    (8) Construction means any physical change or change in the method 
of operation (including fabrication, erection, installation, demolition, 
or modification of an emissions unit) that would result in a change in 
emissions.
    (9) Commence as applied to construction of a major stationary source 
or major modification means that the owner or operator has all necessary 
preconstruction approvals or permits and either has:
    (i) Begun, or caused to begin, a continuous program of actual on-
site construction of the source, to be completed within a reasonable 
time; or
    (ii) Entered into binding agreements or contractual obligations, 
which cannot be cancelled or modified without substantial loss to the 
owner or operator, to undertake a program of actual construction of the 
source to be completed within a reasonable time.
    (10) Necessary preconstruction approvals or permits means those 
permits or approvals required under Federal air quality control laws and 
regulations and those air quality control laws and regulations which are 
part of the applicable State Implementation Plan.
    (11) Begin actual construction means, in general, initiation of 
physical on-site construction activities on an emissions unit which are 
of a permanent nature. Such activities include, but are not limited to, 
installation of building supports and foundations, laying underground 
pipework and construction of permanent storage structures. With respect 
to a change in method of operations, this term refers to those on-site 
activities other than preparatory activities which mark the initiation 
of the change.
    (12) Best available control technology means an emissions limitation 
(including a visible emission standard) based on the maximum degree of 
reduction for each pollutant subject to regulation under Act which would 
be emitted from any proposed major stationary source or major 
modification which the Administrator, on a case-by-case basis, taking 
into account energy, environmental, and economic impacts and other 
costs, determines is achievable for such source or modification through 
application of production processes or available methods, systems, and 
techniques, including fuel cleaning or treatment or innovative fuel 
combustion techniques for control of such pollutant. In no event shall 
application

[[Page 20]]

of best available control technology result in emissions of any 
pollutant which would exceed the emissions allowed by any applicable 
standard under 40 CFR parts 60 and 61. If the Administrator determines 
that technological or economic limitations on the application of 
measurement methodology to a particular emissions unit would make the 
imposition of an emissions standard infeasible, a design, equipment, 
work practice, operational standard, or combination thereof, may be 
prescribed instead to satisfy the requirement for the application of 
best available control technology. Such standard shall, to the degree 
possible, set forth the emissions reduction achievable by implementation 
of such design, equipment, work practice or operation, and shall provide 
for compliance by means which achieve equivalent results.
    (13)(i) Baseline concentration means that ambient concentration 
level that exists in the baseline area at the time of the applicable 
minor source baseline date. A baseline concentration is determined for 
each pollutant for which a minor source baseline date is established and 
shall include:
    (a) The actual emissions, as defined in paragraph (b)(21) of this 
section, representative of sources in existence on the applicable minor 
source baseline date, except as provided in paragraph (b)(13)(ii) of 
this section; and
    (b) The allowable emissions of major stationary sources that 
commenced construction before the major source baseline date, but were 
not in operation by the applicable minor source baseline date.
    (ii) The following will not be included in the baseline 
concentration and will affect the applicable maximum allowable 
increase(s):
    (a) Actual emissions, as defined in paragraph (b)(21) of this 
section, from any major stationary source on which construction 
commenced after the major source baseline date; and
    (b) Actual emissions increases and decreases, as defined in 
paragraph (b)(21) of this section, at any stationary source occurring 
after the minor source baseline date.
    (14)(i) Major source baseline date means:
    (a) In the case of PM10 and sulfur dioxide, January 6, 
1975;
    (b) In the case of nitrogen dioxide, February 8, 1988; and
    (c) In the case of PM2.5, October 20, 2010.
    (ii) ``Minor source baseline date'' means the earliest date after 
the trigger date on which a major stationary source or a major 
modification subject to 40 CFR 52.21 or to regulations approved pursuant 
to 40 CFR 51.166 submits a complete application under the relevant 
regulations. The trigger date is:
    (a) In the case of PM10 and sulfur dioxide, August 7, 
1977;
    (b) In the case of nitrogen dioxide, February 8, 1988; and
    (c) In the case of PM2.5, October 20, 2011.
    (iii) The baseline date is established for each pollutant for which 
increments or other equivalent measures have been established if:
    (a) The area in which the proposed source or modification would 
construct is designated as attainment or unclassifiable under section 
107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on the date of 
its complete application under 40 CFR 52.21 or under regulations 
approved pursuant to 40 CFR 51.166; and
    (b) In the case of a major stationary source, the pollutant would be 
emitted in significant amounts, or, in the case of a major modification, 
there would be a significant net emissions increase of the pollutant.
    (iv) Any minor source baseline date established originally for the 
TSP increments shall remain in effect and shall apply for purposes of 
determining the amount of available PM-10 increments, except that the 
Administrator shall rescind a minor source baseline date where it can be 
shown, to the satisfaction of the Administrator, that the emissions 
increase from the major stationary source, or net emissions increase 
from the major modification, responsible for triggering that date did 
not result in a significant amount of PM-10 emissions.
    (15)(i) Baseline area means any intrastate area (and every part 
thereof) designated as attainment or unclassifiable under section 
107(d)(1)(A)(ii) or (iii) of

[[Page 21]]

the Act in which the major source or major modification establishing the 
minor source baseline date would construct or would have an air quality 
impact for the pollutant for which the baseline date is established, as 
follows: equal to or greater than 1 [micro]g/m\3\ (annual average) for 
SO2, NO2, or PM10; or equal or greater 
than 0.3 [micro]g/m\3\ (annual average) for PM2.5.
    (ii) Area redesignations under section 107(d)(1)(A)(ii) or (iii) of 
the Act cannot intersect or be smaller than the area of impact of any 
major stationary source or major modification which:
    (a) Establishes a minor source baseline date; or
    (b) Is subject to 40 CFR 52.21 and would be constructed in the same 
state as the state proposing the redesignation.
    (iii) Any baseline area established originally for the TSP 
increments shall remain in effect and shall apply for purposes of 
determining the amount of available PM-10 increments, except that such 
baseline area shall not remain in effect if the Administrator rescinds 
the corresponding minor source baseline date in accordance with 
paragraph (b)(14)(iv) of this section.
    (16) Allowable emissions means the emissions rate of a stationary 
source calculated using the maximum rated capacity of the source (unless 
the source is subject to federally enforceable limits which restrict the 
operating rate, or hours of operation, or both) and the most stringent 
of the following:
    (i) The applicable standards as set forth in 40 CFR parts 60 and 61;
    (ii) The applicable State Implementation Plan emissions limitation, 
including those with a future compliance date; or
    (iii) The emissions rate specified as a federally enforceable permit 
condition, including those with a future compliance date.
    (17) Federally enforceable means all limitations and conditions 
which are enforceable by the Administrator, including those requirements 
developed pursuant to 40 CFR parts 60 and 61, requirements within any 
applicable State implementation plan, any permit requirements 
established pursuant to 40 CFR 52.21 or under regulations approved 
pursuant to 40 CFR part 51, subpart I, including operating permits 
issued under an EPA-approved program that is incorporated into the State 
implementation plan and expressly requires adherence to any permit 
issued under such program.
    (18) Secondary emissions means emissions which would occur as a 
result of the construction or operation of a major stationary source or 
major modification, but do not come from the major stationary source or 
major modification itself. Secondary emissions include emissions from 
any offsite support facility which would not be constructed or increase 
its emissions except as a result of the construction or operation of the 
major stationary source or major modification. Secondary emissions do 
not include any emissions which come directly from a mobile source, such 
as emissions from the tailpipe of a motor vehicle, from a train, or from 
a vessel.
    (i) Emissions from ships or trains coming to or from the new or 
modified stationary source; and
    (ii) Emissions from any offsite support facility which would not 
otherwise be constructed or increase its emissions as a result of the 
construction or operation of the major stationary source or major 
modification.
    (19) Innovative control technology means any system of air pollution 
control that has not been adequately demonstrated in practice, but would 
have a substantial likelihood of achieving greater continuous emissions 
reduction than any control system in current practice or of achieving at 
least comparable reductions at lower cost in terms of energy, economics, 
or nonair quality environmental impacts.
    (20) Fugitive emissions means those emissions which could not 
reasonably pass through a stack, chimney, vent, or other functionally 
equivalent opening.
    (21)(i) Actual emissions means the actual rate of emissions of a 
regulated NSR pollutant from an emissions unit, as determined in 
accordance with paragraphs (b)(21)(ii) through (iv) of this section, 
except that this definition shall not apply for calculating whether a 
significant emissions increase has occurred, or for establishing a PAL 
under paragraph (aa) of this section. Instead,

[[Page 22]]

paragraphs (b)(41) and (b)(48) of this section shall apply for those 
purposes.
    (ii) In general, actual emissions as of a particular date shall 
equal the average rate, in tons per year, at which the unit actually 
emitted the pollutant during a consecutive 24-month period which 
precedes the particular date and which is representative of normal 
source operation. The Administrator shall allow the use of a different 
time period upon a determination that it is more representative of 
normal source operation. Actual emissions shall be calculated using the 
unit's actual operating hours, production rates, and types of materials 
processed, stored, or combusted during the selected time period.
    (iii) The Administrator may presume that source-specific allowable 
emissions for the unit are equivalent to the actual emissions of the 
unit.
    (iv) For any emissions unit that has not begun normal operations on 
the particular date, actual emissions shall equal the potential to emit 
of the unit on that date.
    (22) Complete means, in reference to an application for a permit, 
that the application contains all of the information necessary for 
processing the application.
    (23)(i) Significant means, in reference to a net emissions increase 
or the potential of a source to emit any of the following pollutants, a 
rate of emissions that would equal or exceed any of the following rates:

                      Pollutant and Emissions Rate

Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
Particulate matter: 25 tpy of particulate matter emissions
PM10: 15 tpy
PM2.5: 10 tpy of direct PM2.5 emissions; 40 tpy of 
sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless 
demonstrated not to be a PM2.5 precursor under paragraph 
(b)(50) of this section
Ozone: 40 tpy of volatile organic compounds or nitrogen oxides
Lead: 0.6 tpy
Fluorides: 3 tpy
Sulfuric acid mist: 7 tpy
Hydrogen sulfide (H2S): 10 tpy
Total reduced sulfur (including H2S): 10 tpy
Reduced sulfur compounds (including H2S): 10 tpy
Municipal waste combustor organics (measured as total tetra-through 
octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 
3.2x10-6 megagrams per year (3.5x10-6 tons per 
year)
Municipal waste combustor metals (measured as particulate matter): 14 
megagrams per year (15 tons per year)
Municipal waste combustor acid gases (measured as sulfur dioxide and 
hydrogen chloride): 36 megagrams per year (40 tons per year)
Municipal solid waste landfills emissions (measured as nonmethane 
organic compounds): 45 megagrams per year (50 tons per year)

    (ii) Significant means, in reference to a net emissions increase or 
the potential of a source to emit a regulated NSR pollutant that 
paragraph (b)(23)(i) of this section, does not list, any emissions rate.
    (iii) Notwithstanding paragraph (b)(23)(i) of this section, 
significant means any emissions rate or any net emissions increase 
associated with a major stationary source or major modification, which 
would construct within 10 kilometers of a Class I area, and have an 
impact on such area equal to or greater than 1 [micro]g/m\3\, (24-hour 
average).
    (24) Federal Land Manager means, with respect to any lands in the 
United States, the Secretary of the department with authority over such 
lands.
    (25) High terrain means any area having an elevation 900 feet or 
more above the base of the stack of a source.
    (26) Low terrain means any area other than high terrain.
    (27) Indian Reservation means any federally recognized reservation 
established by Treaty, Agreement, executive order, or act of Congress.
    (28) Indian Governing Body means the governing body of any tribe, 
band, or group of Indians subject to the jurisdiction of the United 
States and recognized by the United States as possessing power of self 
government.
    (29) Adverse impact on visibility means visibility impairment which 
interferes with the management, protection, preservation or enjoyment of 
the visitor's visual experience of the Federal Class I area. This 
determination must be made on a case-by-case basis taking into account 
the geographic extent, intensity, duration, frequency and time of 
visibility impairment, and how these

[[Page 23]]

factors correlate with (1) times of visitor use of the Federal Class I 
area, and (2) the frequency and timing of natural conditions that reduce 
visibility.
    (30) Volatile organic compounds (VOC) is as defined in Sec. 
51.100(s) of this chapter.
    (31) Electric utility steam generating unit means any steam electric 
generating unit that is constructed for the purpose of supplying more 
than one-third of its potential electric output capacity and more than 
25 MW electrical output to any utility power distribution system for 
sale. Any steam supplied to a steam distribution system for the purpose 
of providing steam to a steam-electric generator that would produce 
electrical energy for sale is also considered in determining the 
electrical energy output capacity of the affected facility.
    (32) [Reserved]
    (33) Replacement unit means an emissions unit for which all the 
criteria listed in paragraphs (b)(33)(i) through (iv) of this section 
are met. No creditable emission reductions shall be generated from 
shutting down the existing emissions unit that is replaced.
    (i) The emissions unit is a reconstructed unit within the meaning of 
Sec. 60.15(b)(1) of this chapter, or the emissions unit completely 
takes the place of an existing emissions unit.
    (ii) The emissions unit is identical to or functionally equivalent 
to the replaced emissions unit.
    (iii) The replacement does not alter the basic design parameters (as 
discussed in paragraph (cc)(2) of this section) of the process unit.
    (iv) The replaced emissions unit is permanently removed from the 
major stationary source, otherwise permanently disabled, or permanently 
barred from operation by a permit that is enforceable as a practical 
matter. If the replaced emissions unit is brought back into operation, 
it shall constitute a new emissions unit.
    (34) Clean coal technology means any technology, including 
technologies applied at the precombustion, combustion, or post 
combustion stage, at a new or existing facility which will achieve 
significant reductions in air emissions of sulfur dioxide or oxides of 
nitrogen associated with the utilization of coal in the generation of 
electricity, or process steam which was not in widespread use as of 
November 15, 1990.
    (35) Clean coal technology demonstration project means a project 
using funds appropriated under the heading ``Department of Energy-Clean 
Coal Technology'', up to a total amount of $2,500,000,000 for commercial 
demonstration of clean coal technology, or similar projects funded 
through appropriations for the Environmental Protection Agency. The 
Federal contribution for a qualifying project shall be at least 20 
percent of the total cost of the demonstration project.
    (36) Temporary clean coal technology demonstration project means a 
clean coal technology demonstration project that is operated for a 
period of 5 years or less, and which complies with the State 
implementation plans for the State in which the project is located and 
other requirements necessary to attain and maintain the national ambient 
air quality standards during the project and after it is terminated.
    (37) (i) Repowering means replacement of an existing coal-fired 
boiler with one of the following clean coal technologies: atmospheric or 
pressurized fluidized bed combustion, integrated gasification combined 
cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, 
integrated gasification fuel cells, or as determined by the 
Administrator, in consultation with the Secretary of Energy, a 
derivative of one or more of these technologies, and any other 
technology capable of controlling multiple combustion emissions 
simultaneously with improved boiler or generation efficiency and with 
significantly greater waste reduction relative to the performance of 
technology in widespread commercial use as of November 15, 1990.
    (ii) Repowering shall also include any oil and/or gas-fired unit 
which has been awarded clean coal technology demonstration funding as of 
January 1, 1991, by the Department of Energy.
    (iii) The Administrator shall give expedited consideration to permit 
applications for any source that satisfies the requirements of this 
subsection and is granted an extension under section 409 of the Clean 
Air Act.

[[Page 24]]

    (38) Reactivation of a very clean coal-fired electric utility steam 
generating unit means any physical change or change in the method of 
operation associated with the commencement of commercial operations by a 
coal-fired utility unit after a period of discontinued operation where 
the unit:
    (i) Has not been in operation for the two-year period prior to the 
enactment of the Clean Air Act Amendments of 1990, and the emissions 
from such unit continue to be carried in the permitting authority's 
emissions inventory at the time of enactment;
    (ii) Was equipped prior to shut-down with a continuous system of 
emissions control that achieves a removal efficiency for sulfur dioxide 
of no less than 85 percent and a removal efficiency for particulates of 
no less than 98 percent;
    (iii) Is equipped with low-NOX burners prior to the time 
of commencement of operations following reactivation; and
    (iv) Is otherwise in compliance with the requirements of the Clean 
Air Act.
    (39) Pollution prevention means any activity that through process 
changes, product reformulation or redesign, or substitution of less 
polluting raw materials, eliminates or reduces the release of air 
pollutants (including fugitive emissions) and other pollutants to the 
environment prior to recycling, treatment, or disposal; it does not mean 
recycling (other than certain ``in-process recycling'' practices), 
energy recovery, treatment, or disposal.
    (40) Significant emissions increase means, for a regulated NSR 
pollutant, an increase in emissions that is significant (as defined in 
paragraph (b)(23) of this section) for that pollutant.
    (41)(i) Projected actual emissions means the maximum annual rate, in 
tons per year, at which an existing emissions unit is projected to emit 
a regulated NSR pollutant in any one of the 5 years (12-month period) 
following the date the unit resumes regular operation after the project, 
or in any one of the 10 years following that date, if the project 
involves increasing the emissions unit's design capacity or its 
potential to emit that regulated NSR pollutant and full utilization of 
the unit would result in a significant emissions increase or a 
significant net emissions increase at the major stationary source.
    (ii) In determining the projected actual emissions under paragraph 
(b)(41)(i) of this section (before beginning actual construction), the 
owner or operator of the major stationary source:
    (a) Shall consider all relevant information, including but not 
limited to, historical operational data, the company's own 
representations, the company's expected business activity and the 
company's highest projections of business activity, the company's 
filings with the State or Federal regulatory authorities, and compliance 
plans under the approved State Implementation Plan; and
    (b) Shall include fugitive emissions to the extent quantifiable, and 
emissions associated with startups, shutdowns, and malfunctions; and
    (c) Shall exclude, in calculating any increase in emissions that 
results from he particular project, that portion of the unit's emissions 
following the project that an existing unit could have accommodated 
during the consecutive 24-month period used to establish the baseline 
actual emissions under paragraph (b)(48) of this section and that are 
also unrelated to the particular project, including any increased 
utilization due to product demand growth; or
    (d) In lieu of using the method set out in paragraphs (a)(41)(ii)(a) 
through (c) of this section, may elect to use the emissions unit's 
potential to emit, in tons per year, as defined under paragraph (b)(4) 
of this section.
    (42) [Reserved]
    (43) Prevention of Significant Deterioration (PSD) program means the 
EPA-implemented major source preconstruction permit programs under this 
section or a major source preconstruction permit program that has been 
approved by the Administrator and incorporated into the State 
Implementation Plan pursuant to Sec. 51.166 of this chapter to 
implement the requirements of that section. Any permit issued under such 
a program is a major NSR permit.
    (44) Continuous emissions monitoring system (CEMS) means all of the 
equipment that may be required to meet the

[[Page 25]]

data acquisition and availability requirements of this section, to 
sample, condition (if applicable), analyze, and provide a record of 
emissions on a continuous basis.
    (45) Predictive emissions monitoring system (PEMS) means all of the 
equipment necessary to monitor process and control device operational 
parameters (for example, control device secondary voltages and electric 
currents) and other information (for example, gas flow rate, 
O2 or CO2 concentrations), and calculate and 
record the mass emissions rate (for example, lb/hr) on a continuous 
basis.
    (46) Continuous parameter monitoring system (CPMS) means all of the 
equipment necessary to meet the data acquisition and availability 
requirements of this section, to monitor process and control device 
operational parameters (for example, control device secondary voltages 
and electric currents) and other information (for example, gas flow 
rate, O2 or CO2 concentrations), and to record 
average operational parameter value(s) on a continuous basis.
    (47) Continuous emissions rate monitoring system (CERMS) means the 
total equipment required for the determination and recording of the 
pollutant mass emissions rate (in terms of mass per unit of time).
    (48) Baseline actual emissions means the rate of emissions, in tons 
per year, of a regulated NSR pollutant, as determined in accordance with 
paragraphs (b)(48)(i) through (iv) of this section.
    (i) For any existing electric utility steam generating unit, 
baseline actual emissions means the average rate, in tons per year, at 
which the unit actually emitted the pollutant during any consecutive 24-
month period selected by the owner or operator within the 5-year period 
immediately preceding when the owner or operator begins actual 
construction of the project. The Administrator shall allow the use of a 
different time period upon a determination that it is more 
representative of normal source operation.
    (a) The average rate shall include fugitive emissions to the extent 
quantifiable, and emissions associated with startups, shutdowns, and 
malfunctions.
    (b) The average rate shall be adjusted downward to exclude any non-
compliant emissions that occurred while the source was operating above 
any emission limitation that was legally enforceable during the 
consecutive 24-month period.
    (c) For a regulated NSR pollutant, when a project involves multiple 
emissions units, only one consecutive 24-month period must be used to 
determine the baseline actual emissions for the emissions units being 
changed. A different consecutive 24-month period can be used For each 
regulated NSR pollutant.
    (d) The average rate shall not be based on any consecutive 24-month 
period for which there is inadequate information for determining annual 
emissions, in tons per year, and for adjusting this amount if required 
by paragraph (b)(48)(i)(b) of this section.
    (ii) For an existing emissions unit (other than an electric utility 
steam generating unit), baseline actual emissions means the average 
rate, in tons per year, at which the emissions unit actually emitted the 
pollutant during any consecutive 24-month period selected by the owner 
or operator within the 10-year period immediately preceding either the 
date the owner or operator begins actual construction of the project, or 
the date a complete permit application is received by the Administrator 
for a permit required under this section or by the reviewing authority 
for a permit required by a plan, whichever is earlier, except that the 
10-year period shall not include any period earlier than November 15, 
1990.
    (a) The average rate shall include fugitive emissions to the extent 
quantifiable, and emissions associated with startups, shutdowns, and 
malfunctions.
    (b) The average rate shall be adjusted downward to exclude any non-
compliant emissions that occurred while the source was operating above 
an emission limitation that was legally enforceable during the 
consecutive 24-month period.
    (c) The average rate shall be adjusted downward to exclude any 
emissions that would have exceeded an emission limitation with which the 
major stationary source must currently comply, had such major stationary 
source been required to comply with such limitations during the 
consecutive 24-month

[[Page 26]]

period. However, if an emission limitation is part of a maximum 
achievable control technology standard that the Administrator proposed 
or promulgated under part 63 of this chapter, the baseline actual 
emissions need only be adjusted if the State has taken credit for such 
emissions reductions in an attainment demonstration or maintenance plan 
consistent with the requirements of Sec. 51.165(a)(3)(ii)(G) of this 
chapter.
    (d) For a regulated NSR pollutant, when a project involves multiple 
emissions units, only one consecutive 24-month period must be used to 
determine the baseline actual emissions for all the emissions units 
being changed. A different consecutive 24-month period can be used For 
each regulated NSR pollutant.
    (e) The average rate shall not be based on any consecutive 24-month 
period for which there is inadequate information for determining annual 
emissions, in tons per year, and for adjusting this amount if required 
by paragraphs (b)(48)(ii)(b) and (c) of this section.
    (iii) For a new emissions unit, the baseline actual emissions for 
purposes of determining the emissions increase that will result from the 
initial construction and operation of such unit shall equal zero; and 
thereafter, for all other purposes, shall equal the unit's potential to 
emit.
    (iv) For a PAL for a stationary source, the baseline actual 
emissions shall be calculated for existing electric utility steam 
generating units in accordance with the procedures contained in 
paragraph (b)(48)(i) of this section, for other existing emissions units 
in accordance with the procedures contained in paragraph (b)(48)(ii) of 
this section, and for a new emissions unit in accordance with the 
procedures contained in paragraph (b)(48)(iii) of this section.
    (49) Subject to regulation means, for any air pollutant, that the 
pollutant is subject to either a provision in the Clean Air Act, or a 
nationally-applicable regulation codified by the Administrator in 
subchapter C of this chapter, that requires actual control of the 
quantity of emissions of that pollutant, and that such a control 
requirement has taken effect and is operative to control, limit or 
restrict the quantity of emissions of that pollutant released from the 
regulated activity. Except that:
    (i) Greenhouse gases (GHGs), the air pollutant defined in Sec. 
86.1818-12(a) of this chapter as the aggregate group of six greenhouse 
gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, 
perfluorocarbons, and sulfur hexafluoride, shall not be subject to 
regulation except as provided in paragraphs (b)(49)(iv) through (v) of 
this section.
    (ii) For purposes of paragraphs (b)(49)(iii) through (v) of this 
section, the term tpy CO2 equivalent emissions 
(CO2e) shall represent an amount of GHGs emitted, and shall 
be computed as follows:
    (a) Multiplying the mass amount of emissions (tpy), for each of the 
six greenhouse gases in the pollutant GHGs, by the gas's associated 
global warming potential published at Table A-1 to subpart A of part 98 
of this chapter--Global Warming Potentials. For purposes of this 
paragraph, prior to July 21, 2014, the mass of the greenhouse gas carbon 
dioxide shall not include carbon dioxide emissions resulting from the 
combustion or decomposition of non-fossilized and biodegradable organic 
material originating from plants, animals, or micro-organisms (including 
products, by-products, residues and waste from agriculture, forestry and 
related industries as well as the non-fossilized and biodegradable 
organic fractions of industrial and municipal wastes, including gases 
and liquids recovered from the decomposition of non-fossilized and 
biodegradable organic material).
    (b) Sum the resultant value from paragraph (b)(49)(ii)(a) of this 
section for each gas to compute a tpy CO2e.
    (iii) The term emissions increase as used in paragraphs (b)(49)(iv) 
through (v) of this section shall mean that both a significant emissions 
increase (as calculated using the procedures in paragraph (a)(2)(iv) of 
this section) and a significant net emissions increase (as defined in 
paragraphs (b)(3) and (b)(23) of this section) occur. For the pollutant 
GHGs, an emissions increase shall

[[Page 27]]

be based on tpy CO2e, and shall be calculated assuming the 
pollutant GHGs is a regulated NSR pollutant, and ``significant'' is 
defined as 75,000 tpy CO2e instead of applying the value in 
paragraph (b)(23)(ii) of this section.
    (iv) Beginning January 2, 2011, the pollutant GHGs is subject to 
regulation if:
    (a) The stationary source is a new major stationary source for a 
regulated NSR pollutant that is not GHGs, and also will emit or will 
have the potential to emit 75,000 tpy CO2e or more; or
    (b) The stationary source is an existing major stationary source for 
a regulated NSR pollutant that is not GHGs, and also will have an 
emissions increase of a regulated NSR pollutant, and an emissions 
increase of 75,000 tpy CO2e or more; and,
    (v) Beginning July 1, 2011, in addition to the provisions in 
paragraph (b)(49)(iv) of this section, the pollutant GHGs shall also be 
subject to regulation
    (a) At a new stationary source that will emit or have the potential 
to emit 100,000 tpy CO2e; or
    (b) At an existing stationary source that emits or has the potential 
to emit 100,000 tpy CO2e, when such stationary source 
undertakes a physical change or change in the method of operation that 
will result in an emissions increase of 75,000 tpy CO2e or 
more.
    (50) Regulated NSR pollutant, for purposes of this section, means 
the following:
    (i) Any pollutant for which a national ambient air quality standard 
has been promulgated and any pollutant identified under this paragraph 
(b)(50)(i) as a constituent or precursor for such pollutant. Precursors 
identified by the Administrator for purposes of NSR are the following:
    (a) Volatile organic compounds and nitrogen oxides are precursors to 
ozone in all attainment and unclassifiable areas.
    (b) Sulfur dioxide is a precursor to PM2.5 in all 
attainment and unclassifiable areas.
    (c) Nitrogen oxides are presumed to be precursors to 
PM2.5 in all attainment and unclassifiable areas, unless the 
State demonstrates to the Administrator's satisfaction or EPA 
demonstrates that emissions of nitrogen oxides from sources in a 
specific area are not a significant contributor to that area's ambient 
PM2.5 concentrations.
    (d) Volatile organic compounds are presumed not to be precursors to 
PM2.5 in any attainment or unclassifiable area, unless the 
State demonstrates to the Administrator's satisfaction or EPA 
demonstrates that emissions of volatile organic compounds from sources 
in a specific area are a significant contributor to that area's ambient 
PM2.5 concentrations.
    (ii) Any pollutant that is subject to any standard promulgated under 
section 111 of the Act;
    (iii) Any Class I or II substance subject to a standard promulgated 
under or established by title VI of the Act;
    (iv) Any pollutant that otherwise is subject to regulation under the 
Act as defined in paragraph (b)(49) of this section.
    (v) Notwithstanding paragraphs (b)(50)(i) through (iv) of this 
section, the term regulated NSR pollutant shall not include any or all 
hazardous air pollutants either listed in section 112 of the Act, or 
added to the list pursuant to section 112(b)(2) of the Act, and which 
have not been delisted pursuant to section 112(b)(3) of the Act, unless 
the listed hazardous air pollutant is also regulated as a constituent or 
precursor of a general pollutant listed under section 108 of the Act.
    (vi) Particulate matter (PM) emissions, PM2.5 emissions 
and PM10 emissions shall include gaseous emissions from a 
source or activity which condense to form particulate matter at ambient 
temperatures. On or after January 1, 2011 (or any earlier date 
established in the upcoming rulemaking codifying test methods), such 
condensable particulate matter shall be accounted for in applicability 
determinations and in establishing emissions limitations for PM, 
PM2.5 and PM10 in PSD permits. Compliance with 
emissions limitations for PM, PM2.5 and PM10 
issued prior to this date shall not be based on condensable particular 
matter unless required by the terms and conditions of the permit or the 
applicable implementation plan. Applicability determinations made prior 
to

[[Page 28]]

this date without accounting for condensable particular matter shall not 
be considered in violation of this section unless the applicable 
implementation plan required condensable particular matter to be 
included.
    (51) Reviewing authority means the State air pollution control 
agency, local agency, other State agency, Indian tribe, or other agency 
authorized by the Administrator to carry out a permit program under 
Sec. 51.165 and Sec. 51.166 of this chapter, or the Administrator in 
the case of EPA-implemented permit programs under this section.
    (52) Project means a physical change in, or change in the method of 
operation of, an existing major stationary source.
    (53) Lowest achievable emission rate (LAER) is as defined in Sec. 
51.165(a)(1)(xiii) of this chapter.
    (54) Reasonably available control technology (RACT) is as defined in 
Sec. 51.100(o) of this chapter.
    (55)(i) In general, process unit means any collection of structures 
and/or equipment that processes, assembles, applies, blends, or 
otherwise uses material inputs to produce or store an intermediate or a 
completed product. A single stationary source may contain more than one 
process unit, and a process unit may contain more than one emissions 
unit.
    (ii) Pollution control equipment is not part of the process unit, 
unless it serves a dual function as both process and control equipment. 
Administrative and warehousing facilities are not part of the process 
unit.
    (iii) For replacement cost purposes, components shared between two 
or more process units are proportionately allocated based on capacity.
    (iv) The following list identifies the process units at specific 
categories of stationary sources.
    (a) For a steam electric generating facility, the process unit 
consists of those portions of the plant that contribute directly to the 
production of electricity. For example, at a pulverized coal-fired 
facility, the process unit would generally be the combination of those 
systems from the coal receiving equipment through the emission stack 
(excluding post-combustion pollution controls), including the coal 
handling equipment, pulverizers or coal crushers, feedwater heaters, ash 
handling, boiler, burners, turbine-generator set, condenser, cooling 
tower, water treatment system, air preheaters, and operating control 
systems. Each separate generating unit is a separate process unit.
    (b) For a petroleum refinery, there are several categories of 
process units: those that separate and/or distill petroleum feedstocks; 
those that change molecular structures; petroleum treating processes; 
auxiliary facilities, such as steam generators and hydrogen production 
units; and those that load, unload, blend or store intermediate or 
completed products.
    (c) For an incinerator, the process unit would consist of components 
from the feed pit or refuse pit to the stack, including conveyors, 
combustion devices, heat exchangers and steam generators, quench tanks, 
and fans.

    Note to paragraph (b)(55): By a court order on December 24, 2003, 
this paragraph (b)(55) is stayed indefinitely. The stayed provisions 
will become effective immediately if the court terminates the stay. At 
that time, EPA will publish a document in the Federal Register advising 
the public of the termination of the stay.

    (56) Functionally equivalent component means a component that serves 
the same purpose as the replaced component.

    Note to paragraph (b)(56): By a court order on December 24, 2003, 
this paragraph (b)(56) is stayed indefinitely. The stayed provisions 
will become effective immediately if the court terminates the stay. At 
that time, EPA will publish a document in the Federal Register advising 
the public of the termination of the stay.

    (57) Fixed capital cost means the capital needed to provide all the 
depreciable components. ``Depreciable components'' refers to all 
components of fixed capital cost and is calculated by subtracting land 
and working capital from the total capital investment, as defined in 
paragraph (b)(58) of this section.

    Note to paragraph (b)(57): By a court order on December 24, 2003, 
this paragraph (b)(57) is stayed indefinitely. The stayed provisions 
will become effective immediately if the court terminates the stay. At 
that time, EPA will publish a document in the Federal

[[Page 29]]

Register advising the public of the termination of the stay.

    (58) Total capital investment means the sum of the following: all 
costs required to purchase needed process equipment (purchased equipment 
costs); the costs of labor and materials for installing that equipment 
(direct installation costs); the costs of site preparation and 
buildings; other costs such as engineering, construction and field 
expenses, fees to contractors, startup and performance tests, and 
contingencies (indirect installation costs); land for the process 
equipment; and working capital for the process equipment.

    Note to paragraph (b)(58): By a court order on December 24, 2003, 
this paragraph (b)(58) is stayed indefinitely. The stayed provisions 
will become effective immediately if the court terminates the stay. At 
that time, EPA will publish a document in the Federal Register advising 
the public of the termination of the stay.

    (c) Ambient air increments. In areas designated as Class I, II or 
III, increases in pollutant concentration over the baseline 
concentration shall be limited to the following:

------------------------------------------------------------------------
                                                       Maximum allowable
                                                            increase
                      Pollutant                         (micrograms per
                                                          cubic meter)
------------------------------------------------------------------------
                              Class I Area
------------------------------------------------------------------------
PM2.5:
    Annual arithmetic mean...........................                  1
    24-hr maximum....................................                  2
PM10:
    Annual arithmetic mean...........................                  4
    24-hr maximum....................................                  8
Sulfur dioxide:
    Annual arithmetic mean...........................                  2
    24-hr maximum....................................                  5
    3-hr maximum.....................................                 25
Nitrogen dioxide:
    Annual arithmetic mean...........................                2.5
------------------------------------------------------------------------
                              Class II Area
------------------------------------------------------------------------
PM2.5:
    Annual arithmetic mean...........................                  4
    24-hr maximum....................................                  9
PM10:
    Annual arithmetic mean...........................                 17
    24-hr maximum....................................                 30
Sulfur dioxide:
    Annual arithmetic mean...........................                 20
    24-hr maximum....................................                 91
    3-hr maximum.....................................                512
Nitrogen dioxide:
    Annual arithmetic mean...........................                 25
------------------------------------------------------------------------
                             Class III Area
------------------------------------------------------------------------
PM2.5:
    Annual arithmetic mean...........................                  8
    24-hr maximum....................................                 18
PM10:
    Annual arithmetic mean...........................                 34
    24-hr maximum....................................                 60
Sulfur dioxide:
    Annual arithmetic mean...........................                 40
    24-hr maximum....................................                182
    3-hr maximum.....................................                700
Nitrogen dioxide:
    Annual arithmetic mean...........................                 50
------------------------------------------------------------------------


For any period other than an annual period, the applicable maximum 
allowable increase may be exceeded during one such period per year at 
any one location.
    (d) Ambient air ceilings. No concentration of a pollutant shall 
exceed:
    (1) The concentration permitted under the national secondary ambient 
air quality standard, or
    (2) The concentration permitted under the national primary ambient 
air quality standard, whichever concentration is lowest for the 
pollutant for a period of exposure.
    (e) Restrictions on area classifications. (1) All of the following 
areas which were in existence on August 7, 1977, shall be Class I areas 
and may not be redesignated:
    (i) International parks,
    (ii) National wilderness areas which exceed 5,000 acres in size,
    (iii) National memorial parks which exceed 5,000 acres in size, and
    (iv) National parks which exceed 6,000 acres in size.
    (2) Areas which were redesignated as Class I under regulations 
promulgated before August 7, 1977, shall remain Class I, but may be 
redesignated as provided in this section.
    (3) Any other area, unless otherwise specified in the legislation 
creating such an area, is initially designated Class II, but may be 
redesignated as provided in this section.
    (4) The following areas may be redesignated only as Class I or II:
    (i) An area which as of August 7, 1977, exceeded 10,000 acres in 
size and was a national monument, a national primitive area, a national 
preserve, a national recreational area, a national

[[Page 30]]

wild and scenic river, a national wildlife refuge, a national lakeshore 
or seashore; and
    (ii) A national park or national wilderness area established after 
August 7, 1977, which exceeds 10,000 acres in size.
    (f) [Reserved]
    (g) Redesignation. (1) All areas (except as otherwise provided under 
paragraph (e) of this section) are designated Class II as of December 5, 
1974. Redesignation (except as otherwise precluded by paragraph (e) of 
this section) may be proposed by the respective States or Indian 
Governing Bodies, as provided below, subject to approval by the 
Administrator as a revision to the applicable State implementation plan.
    (2) The State may submit to the Administrator a proposal to 
redesignate areas of the State Class I or Class II provided that:
    (i) At least one public hearing has been held in accordance with 
procedures established in Sec. 51.102 of this chapter;
    (ii) Other States, Indian Governing Bodies, and Federal Land 
Managers whose lands may be affected by the proposed redesignation were 
notified at least 30 days prior to the public hearing;
    (iii) A discussion of the reasons for the proposed redesignation, 
including a satisfactory description and analysis of the health, 
environmental, economic, social and energy effects of the proposed 
redesignation, was prepared and made available for public inspection at 
least 30 days prior to the hearing and the notice announcing the hearing 
contained appropriate notification of the availability of such 
discussion;
    (iv) Prior to the issuance of notice respecting the redesignation of 
an area that includes any Federal lands, the State has provided written 
notice to the appropriate Federal Land Manager and afforded adequate 
opportunity (not in excess of 60 days) to confer with the State 
respecting the redesignation and to submit written comments and 
recommendations. In redesignating any area with respect to which any 
Federal Land Manager had submitted written comments and recommendations, 
the State shall have published a list of any inconsistency between such 
redesignation and such comments and recommendations (together with the 
reasons for making such redesignation against the recommendation of the 
Federal Land Manager); and
    (v) The State has proposed the redesignation after consultation with 
the elected leadership of local and other substate general purpose 
governments in the area covered by the proposed redesignation.
    (3) Any area other than an area to which paragraph (e) of this 
section refers may be redesignated as Class III if--
    (i) The redesignation would meet the requirements of paragraph 
(g)(2) of this section;
    (ii) The redesignation, except any established by an Indian 
Governing Body, has been specifically approved by the Governor of the 
State, after consultation with the appropriate committees of the 
legislature, if it is in session, or with the leadership of the 
legislature, if it is not in session (unless State law provides that the 
redesignation must be specifically approved by State legislation) and if 
general purpose units of local government representing a majority of the 
residents of the area to be redesignated enact legislation or pass 
resolutions concurring in the redesignation:
    (iii) The redesignation would not cause, or contribute to, a 
concentration of any air pollutant which would exceed any maximum 
allowable increase permitted under the classification of any other area 
or any national ambient air quality standard; and
    (iv) Any permit application for any major stationary source or major 
modification, subject to review under paragraph (l) of this section, 
which could receive a permit under this section only if the area in 
question were redesignated as Class III, and any material submitted as 
part of that application, were available insofar as was practicable for 
public inspection prior to any public hearing on redesignation of the 
area as Class III.
    (4) Lands within the exterior boundaries of Indian Reservations may 
be redesignated only by the appropriate Indian Governing Body. The 
appropriate Indian Governing Body may submit to

[[Page 31]]

the Administrator a proposal to redesignate areas Class I, Class II, or 
Class III: Provided, That:
    (i) The Indian Governing Body has followed procedures equivalent to 
those required of a State under paragraphs (g)(2), (g)(3)(iii), and 
(g)(3)(iv) of this section; and
    (ii) Such redesignation is proposed after consultation with the 
State(s) in which the Indian Reservation is located and which border the 
Indian Reservation.
    (5) The Administrator shall disapprove, within 90 days of 
submission, a proposed redesignation of any area only if he finds, after 
notice and opportunity for public hearing, that such redesignation does 
not meet the procedural requirements of this paragraph or is 
inconsistent with paragraph (e) of this section. If any such disapproval 
occurs, the classification of the area shall be that which was in effect 
prior to the redesignation which was disapproved.
    (6) If the Administrator disapproves any proposed redesignation, the 
State or Indian Governing Body, as appropriate, may resubmit the 
proposal after correcting the deficiencies noted by the Administrator.
    (h) Stack heights. (1) The degree of emission limitation required 
for control of any air pollutant under this section shall not be 
affected in any manner by--
    (i) So much of the stack height of any source as exceeds good 
engineering practice, or
    (ii) Any other dispersion technique.
    (2) Paragraph (h)(1) of this section shall not apply with respect to 
stack heights in existence before December 31, 1970, or to dispersion 
techniques implemented before then.
    (i) Exemptions. (1) The requirements of paragraphs (j) through (r) 
of this section shall not apply to a particular major stationary source 
or major modification, if;
    (i) Construction commenced on the source or modification before 
August 7, 1977. The regulations at 40 CFR 52.21 as in effect before 
August 7, 1977, shall govern the review and permitting of any such 
source or modification; or
    (ii) The source or modification was subject to the review 
requirements of 40 CFR 52.21(d)(1) as in effect before March 1, 1978, 
and the owner or operator:
    (a) Obtained under 40 CFR 52.21 a final approval effective before 
March 1, 1978;
    (b) Commenced construction before March 19, 1979; and
    (c) Did not discontinue construction for a period of 18 months or 
more and completed construction within a reasonable time; or
    (iii) The source or modification was subject to 40 CFR 52.21 as in 
effect before March 1, 1978, and the review of an application for 
approval for the stationary source or modification under 40 CFR 52.21 
would have been completed by March 1, 1978, but for an extension of the 
public comment period pursuant to a request for such an extension. In 
such a case, the application shall continue to be processed, and granted 
or denied, under 40 CFR 52.21 as in effect prior to March 1, 1978; or
    (iv) The source or modification was not subject to 40 CFR 52.21 as 
in effect before March 1, 1978, and the owner or operator:
    (a) Obtained all final Federal, state and local preconstruction 
approvals or permits necessary under the applicable State Implementation 
Plan before March 1, 1978;
    (b) Commenced construction before March 19, 1979; and
    (c) Did not discontinue construction for a period of 18 months or 
more and completed construction within a reasonable time; or
    (v) The source or modification was not subject to 40 CFR 52.21 as in 
effect on June 19, 1978 or under the partial stay of regulations 
published on February 5, 1980 (45 FR 7800), and the owner or operator:
    (a) Obtained all final Federal, state and local preconstruction 
approvals or permits necessary under the applicable State Implementation 
Plan before August 7, 1980;
    (b) Commenced construction within 18 months from August 7, 1980, or 
any earlier time required under the applicable State Implementation 
Plan; and
    (c) Did not discontinue construction for a period of 18 months or 
more and completed construction within a reasonable time; or

[[Page 32]]

    (vi) The source or modification would be a nonprofit health or 
nonprofit educational institution, or a major modification would occur 
at such an institution, and the governor of the state in which the 
source or modification would be located requests that it be exempt from 
those requirements; or
    (vii) The source or modification would be a major stationary source 
or major modification only if fugitive emissions, to the extent 
quantifiable, are considered in calculating the potential to emit of the 
stationary source or modification and the source does not belong to any 
of the following categories:
    (a) Coal cleaning plants (with thermal dryers);
    (b) Kraft pulp mills;
    (c) Portland cement plants;
    (d) Primary zinc smelters;
    (e) Iron and steel mills;
    (f) Primary aluminum ore reduction plants;
    (g) Primary copper smelters;
    (h) Municipal incinerators capable of charging more than 250 tons of 
refuse per day;
    (i) Hydrofluoric, sulfuric, or nitric acid plants;
    (j) Petroleum refineries;
    (k) Lime plants;
    (l) Phosphate rock processing plants;
    (m) Coke oven batteries;
    (n) Sulfur recovery plants;
    (o) Carbon black plants (furnace process);
    (p) Primary lead smelters;
    (q) Fuel conversion plants;
    (r) Sintering plants;
    (s) Secondary metal production plants;
    (t) Chemical process plants--The term chemical processing plant 
shall not include ethanol production facilities that produce ethanol by 
natural fermentation included in NAICS codes 325193 or 312140;
    (u) Fossil-fuel boilers (or combination thereof) totaling more than 
250 million British thermal units per hour heat input;
    (v) Petroleum storage and transfer units with a total storage 
capacity exceeding 300,000 barrels;
    (w) Taconite ore processing plants;
    (x) Glass fiber processing plants;
    (y) Charcoal production plants;
    (z) Fossil fuel-fired steam electric plants of more than 250 million 
British thermal units per hour heat input;
    (aa) Any other stationary source category which, as of August 7, 
1980, is being regulated under section 111 or 112 of the Act; or
    (viii) The source is a portable stationary source which has 
previously received a permit under this section, and
    (a) The owner or operator proposes to relocate the source and 
emissions of the source at the new location would be temporary; and
    (b) The emissions from the source would not exceed its allowable 
emissions; and
    (c) The emissions from the source would impact no Class I area and 
no area where an applicable increment is known to be violated; and
    (d) Reasonable notice is given to the Administrator prior to the 
relocation identifying the proposed new location and the probable 
duration of operation at the new location. Such notice shall be given to 
the Administrator not less than 10 days in advance of the proposed 
relocation unless a different time duration is previously approved by 
the Administrator.
    (ix) The source or modification was not subject to Sec. 52.21, with 
respect to particulate matter, as in effect before July 31, 1987, and 
the owner or operator:
    (a) Obtained all final Federal, State, and local preconstruction 
approvals or permits necessary under the applicable State implementation 
plan before July 31, 1987;
    (b) Commenced construction within 18 months after July 31, 1987, or 
any earlier time required under the State implementation plan; and
    (c) Did not discontinue construction for a period of 18 months or 
more and completed construction within a reasonable period of time.
    (x) The source or modification was subject to 40 CFR 52.21, with 
respect to particulate matter, as in effect before July 31, 1987 and the 
owner or operator submitted an application for a permit under this 
section before that date, and the Administrator subsequently determines 
that the application as submitted was complete with respect to the 
particular matter requirements

[[Page 33]]

then in effect in the section. Instead, the requirements of paragraphs 
(j) through (r) of this section that were in effect before July 31, 1987 
shall apply to such source or modification.
    (2) The requirements of paragraphs (j) through (r) of this section 
shall not apply to a major stationary source or major modification with 
respect to a particular pollutant if the owner or operator demonstrates 
that, as to that pollutant, the source or modification is located in an 
area designated as nonattainment under section 107 of the Act.
    (3) The requirements of paragraphs (k), (m) and (o) of this section 
shall not apply to a major stationary source or major modification with 
respect to a particular pollutant, if the allowable emissions of that 
pollutant from the source, or the net emissions increase of that 
pollutant from the modification:
    (i) Would impact no Class I area and no area where an applicable 
increment is known to be violated, and
    (ii) Would be temporary.
    (4) The requirements of paragraphs (k), (m) and (o) of this section 
as they relate to any maximum allowable increase for a Class II area 
shall not apply to a major modification at a stationary source that was 
in existence on March 1, 1978, if the net increase in allowable 
emissions of each regulated NSR pollutant from the modification after 
the application of best available control technology would be less than 
50 tons per year.
    (5) The Administrator may exempt a stationary source or modification 
from the requirements of paragraph (m) of this section, with respect to 
monitoring for a particular pollutant if:
    (i) The emissions increase of the pollutant from the new source or 
the net emissions increase of the pollutant from the modification would 
cause, in any area, air quality impacts less than the following amounts:
    (a) Carbon monoxide--575 [micro]g/m\3\, 8-hour average;
    (b) Nitrogen dioxide--14 [micro]g/m\3\, annual average;
    (c) PM2.5--4 [micro]g/m\3\, 24-hour average;
    (d) PM10--10 [micro]g/m\3\, 24-hour average;
    (e) Sulfur dioxide--13 [micro]g/m\3\, 24-hour average;
    (f) Ozone;
    (g) Lead--0.1 [micro]g/m\3\, 3-month average;
    (h) Fluorides--0.25 [micro]g/m\3\, 24-hour average;
    (i) Total reduced sulfur--10 [micro]g/m\3\, 1-hour average;
    (j) Hydrogen sulfide--0.2 [micro]g/m\3\, 1-hour average;
    (k) Reduced sulfur compounds--10 [micro]g/m\3\, 1-hour average; or
    Note to paragraph (c)(50)(i)(f): No de minimis air quality level is 
provided for ozone. However, any net emissions increase of 100 tons per 
year or more of volatile organic compounds or nitrogen oxides subject to 
PSD would be required to perform an ambient impact analysis, including 
the gathering of ambient air quality data.

    (ii) The concentrations of the pollutant in the area that the source 
or modification would affect are less than the concentrations listed in 
paragraph (i)(5)(i) of this section; or
    (iii) The pollutant is not listed in paragraph (i)(5)(i) of this 
section.
    (6) The requirements for best available control technology in 
paragraph (j) of this section and the requirements for air quality 
analyses in paragraph (m)(1) of this section, shall not apply to a 
particular stationary source or modification that was subject to 40 CFR 
52.21 as in effect on June 19, 1978, if the owner or operator of the 
source or modification submitted an application for a permit under those 
regulations before August 7, 1980, and the Administrator subsequently 
determines that the application as submitted before that date was 
complete. Instead, the requirements at 40 CFR 52.21(j) and (n) as in 
effect on June 19, 1978 apply to any such source or modification.
    (7)(i) The requirements for air quality monitoring in paragraphs 
(m)(1) (ii) through (iv) of this section shall not apply to a particular 
source or modification that was subject to 40 CFR 52.21 as in effect on 
June 19, 1978, if the owner or operator of the source or modification 
submits an application for a permit under this section on or before June 
8, 1981, and the Administrator subsequently determines that the 
application as submitted before that date was complete with respect to 
the requirements of this section other than those in paragraphs (m)(1) 
(ii) through (iv) of this section, and with respect to the requirements 
for such

[[Page 34]]

analyses at 40 CFR 52.21(m)(2) as in effect on June 19, 1978. Instead, 
the latter requirements shall apply to any such source or modification.
    (ii) The requirements for air quality monitoring in paragraphs 
(m)(1) (ii) through (iv) of this section shall not apply to a particular 
source or modification that was not subject to 40 CFR 52.21 as in effect 
on June 19, 1978, if the owner or operator of the source or modification 
submits an application for a permit under this section on or before June 
8, 1981, and the Administrator subsequently determines that the 
application as submitted before that date was complete, except with 
respect to the requirements in paragraphs (m)(1) (ii) through (iv).
    (8)(i) At the discretion of the Administrator, the requirements for 
air quality monitoring of PM10 in paragraphs (m)(1) (i)-(iv) 
of this section may not apply to a particular source or modification 
when the owner or operator of the source or modification submits an 
application for a permit under this section on or before June 1, 1988 
and the Administrator subsequently determines that the application as 
submitted before that date was complete, except with respect to the 
requirements for monitoring particulate matter in paragraphs (m)(1) (i)-
(iv).
    (ii) The requirements for air quality monitoring pf PM10 
in paragraphs (m)(1), (ii) and (iv) and (m)(3) of this section shall 
apply to a particular source or modification if the owner or operator of 
the source or modification submits an application for a permit under 
this section after June 1, 1988 and no later than December 1, 1988. The 
data shall have been gathered over at least the period from February 1, 
1988 to the date the application becomes otherwise complete in 
accordance with the provisions set forth under paragraph (m)(1)(viii) of 
this section, except that if the Administrator determines that a 
complete and adequate analysis can be accomplished with monitoring data 
over a shorter period (not to be less than 4 months), the data that 
paragraph (m)(1)(iii) requires shall have been gathered over a shorter 
period.
    (9) The requirements of paragraph (k)(1)(ii) of this section shall 
not apply to a stationary source or modification with respect to any 
maximum allowable increase for nitrogen oxides if the owner or operator 
of the source or modification submitted an application for a permit 
under this section before the provisions embodying the maximum allowable 
increase took effect as part of the applicable implementation plan and 
the Administrator subsequently determined that the application as 
submitted before that date was complete.
    (10) The requirements in paragraph (k)(1)(ii) of this section shall 
not apply to a stationary source or modification with respect to any 
maximum allowable increase for PM-10 if (i) the owner or operator of the 
source or modification submitted an application for a permit under this 
section before the provisions embodying the maximum allowable increases 
for PM-10 took effect in an implementation plan to which this section 
applies, and (ii) the Administrator subsequently determined that the 
application as submitted before that date was otherwise complete. 
Instead, the requirements in paragraph (k)(1)(ii) shall apply with 
respect to the maximum allowable increases for TSP as in effect on the 
date the application was submitted.
    (j) Control technology review. (1) A major stationary source or 
major modification shall meet each applicable emissions limitation under 
the State Implementation Plan and each applicable emissions standard and 
standard of performance under 40 CFR parts 60 and 61.
    (2) A new major stationary source shall apply best available control 
technology for each regulated NSR pollutant that it would have the 
potential to emit in significant amounts.
    (3) A major modification shall apply best available control 
technology for each regulated NSR pollutant for which it would result in 
a significant net emissions increase at the source. This requirement 
applies to each proposed emissions unit at which a net emissions 
increase in the pollutant would occur as a result of a physical change 
or change in the method of operation in the unit.
    (4) For phased construction projects, the determination of best 
available control technology shall be reviewed

[[Page 35]]

and modified as appropriate at the latest reasonable time which occurs 
no later than 18 months prior to commencement of construction of each 
independent phase of the project. At such time, the owner or operator of 
the applicable stationary source may be required to demonstrate the 
adequacy of any previous determination of best available control 
technology for the source.
    (k) Source impact analysis--(1) Required demonstration. The owner or 
operator of the proposed source or modification shall demonstrate that 
allowable emission increases from the proposed source or modification, 
in conjunction with all other applicable emissions increases or 
reductions (including secondary emissions), would not cause or 
contribute to air pollution in violation of:
    (i) Any national ambient air quality standard in any air quality 
control region; or
    (ii) Any applicable maximum allowable increase over the baseline 
concentration in any area.
    (2) Significant impact levels. For purposes of PM2.5, the 
demonstration required in paragraph (k)(1) of this section is deemed to 
have been made if the emissions increase from the new stationary source 
alone or from the modification alone would cause, in all areas, air 
quality impacts less than the following amounts:

----------------------------------------------------------------------------------------------------------------
             Pollutant                   Averaging time         Class I area     Class II area    Class III area
----------------------------------------------------------------------------------------------------------------
PM2.5..............................  Annual................  0.06 [micro]g/     0.3 [micro]g/    0.3 [micro]g/
                                                              m\3\               m\3\             m\3\
                                     24-hour...............  0.07 [micro]g/     1.2 [micro]g/    1.2 [micro]g/
                                                              m\3\               m\3\             m\3\
----------------------------------------------------------------------------------------------------------------

    (l) Air quality models. (1) All estimates of ambient concentrations 
required under this paragraph shall be based on applicable air quality 
models, data bases, and other requirements specified in appendix W of 
part 51 of this chapter (Guideline on Air Quality Models).
    (2) Where an air quality model specified in appendix W of part 51 of 
this chapter (Guideline on Air Quality Models) is inappropriate, the 
model may be modified or another model substituted. Such a modification 
or substitution of a model may be made on a case-by-case basis or, where 
appropriate, on a generic basis for a specific state program. Written 
approval of the Administrator must be obtained for any modification or 
substitution. In addition, use of a modified or substituted model must 
be subject to notice and opportunity for public comment under procedures 
developed in accordance with paragraph (q) of this section.
    (m) Air quality analysis--(1) Preapplication analysis. (i) Any 
application for a permit under this section shall contain an analysis of 
ambient air quality in the area that the major stationary source or 
major modification would affect for each of the following pollutants:
    (a) For the source, each pollutant that it would have the potential 
to omit in a significant amount;
    (b) For the modification, each pollutant for which it would result 
in a significant net emissions increase.
    (ii) With respect to any such pollutant for which no National 
Ambient Air Quality Standard exists, the analysis shall contain such air 
quality monitoring data as the Administrator determines is necessary to 
assess ambient air quality for that pollutant in any area that the 
emissions of that pollutant would affect.
    (iii) With respect to any such pollutant (other than nonmethane 
hydrocarbons) for which such a standard does exist, the analysis shall 
contain continuous air quality monitoring data gathered for purposes of 
determining whether emissions of that pollutant would cause or 
contribute to a violation of the standard or any maximum allowable 
increase.
    (iv) In general, the continuous air quality monitoring data that is 
required shall have been gathered over a period of at least one year and 
shall represent at least the year preceding receipt of the application, 
except that, if the Administrator determines that a complete and 
adequate analysis can be accomplished with monitoring data gathered over 
a period shorter than one year (but not to be less than four months), 
the data that is required shall have been gathered over at least that 
shorter period.
    (v) For any application which becomes complete, except as to the 
requirements of paragraphs (m)(1) (iii) and (iv) of this section, 
between June 8, 1981, and February 9, 1982, the data that

[[Page 36]]

paragraph (m)(1)(iii) of this section, requires shall have been gathered 
over at least the period from February 9, 1981, to the date the 
application becomes otherwise complete, except that:
    (a) If the source or modification would have been major for that 
pollutant under 40 CFR 52.21 as in effect on June 19, 1978, any 
monitoring data shall have been gathered over at least the period 
required by those regulations.
    (b) If the Administrator determines that a complete and adequate 
analysis can be accomplished with monitoring data over a shorter period 
(not to be less than four months), the data that paragraph (m)(1)(iii) 
of this section, requires shall have been gathered over at least that 
shorter period.
    (c) If the monitoring data would relate exclusively to ozone and 
would not have been required under 40 CFR 52.21 as in effect on June 19, 
1978, the Administrator may waive the otherwise applicable requirements 
of this paragraph (v) to the extent that the applicant shows that the 
monitoring data would be unrepresentative of air quality over a full 
year.
    (vi) The owner or operator of a proposed stationary source or 
modification of volatile organic compounds who satisfies all conditions 
of 40 CFR part 51 Appendix S, section IV may provide post-approval 
monitoring data for ozone in lieu of providing preconstruction data as 
required under paragraph (m)(1) of this section.
    (vii) For any application that becomes complete, except as to the 
requirements of paragraphs (m)(1) (iii) and (iv) pertaining to 
PM10, after December 1, 1988 and no later than August 1, 1989 
the data that paragraph (m)(1)(iii) requires shall have been gathered 
over at least the period from August 1, 1988 to the date the application 
becomes otherwise complete, except that if the Administrator determines 
that a complete and adequate analysis can be accomplished with 
monitoring data over a shorter period (not to be less than 4 months), 
the data that paragraph (m)(1)(iii) requires shall have been gathered 
over that shorter period.
    (viii) With respect to any requirements for air quality monitoring 
of PM10 under paragraphs (i)(11) (i) and (ii) of this section 
the owner or operator of the source or modification shall use a 
monitoring method approved by the Administrator and shall estimate the 
ambient concentrations of PM10 using the data collected by 
such approved monitoring method in accordance with estimating procedures 
approved by the Administrator.
    (2) Post-construction monitoring. The owner or operator of a major 
stationary source or major modification shall, after construction of the 
stationary source or modification, conduct such ambient monitoring as 
the Administrator determines is necessary to determine the effect 
emissions from the stationary source or modification may have, or are 
having, on air quality in any area.
    (3) Operations of monitoring stations. The owner or operator of a 
major stationary source or major modification shall meet the 
requirements of Appendix B to part 58 of this chapter during the 
operation of monitoring stations for purposes of satisfying paragraph 
(m) of this section.
    (n) Source information. The owner or operator of a proposed source 
or modification shall submit all information necessary to perform any 
analysis or make any determination required under this section.
    (1) With respect to a source or modification to which paragraphs 
(j), (l), (n) and (p) of this section apply, such information shall 
include:
    (i) A description of the nature, location, design capacity, and 
typical operating schedule of the source or modification, including 
specifications and drawings showing its design and plant layout;
    (ii) A detailed schedule for construction of the source or 
modification;
    (iii) A detailed description as to what system of continuous 
emission reduction is planned for the source or modification, emission 
estimates, and any other information necessary to determine that best 
available control technology would be applied.
    (2) Upon request of the Administrator, the owner or operator shall 
also provide information on:

[[Page 37]]

    (i) The air quality impact of the source or modification, including 
meteorological and topographical data necessary to estimate such impact; 
and
    (ii) The air quality impacts, and the nature and extent of any or 
all general commercial, residential, industrial, and other growth which 
has occurred since August 7, 1977, in the area the source or 
modification would affect.
    (o) Additional impact analyses. (1) The owner or operator shall 
provide an analysis of the impairment to visibility, soils and 
vegetation that would occur as a result of the source or modification 
and general commercial, residential, industrial and other growth 
associated with the source or modification. The owner or operator need 
not provide an analysis of the impact on vegetation having no 
significant commercial or recreational value.
    (2) The owner or operator shall provide an analysis of the air 
quality impact projected for the area as a result of general commercial, 
residential, industrial and other growth associated with the source or 
modification.
    (3) Visibility monitoring. The Administrator may require monitoring 
of visibility in any Federal class I area near the proposed new 
stationary source for major modification for such purposes and by such 
means as the Administrator deems necessary and appropriate.
    (p) Sources impacting Federal Class I areas--additional 
requirements--(1) Notice to Federal land managers. The Administrator 
shall provide written notice of any permit application for a proposed 
major stationary source or major modification, the emissions from which 
may affect a Class I area, to the Federal land manager and the Federal 
official charged with direct responsibility for management of any lands 
within any such area. Such notification shall include a copy of all 
information relevant to the permit application and shall be given within 
30 days of receipt and at least 60 days prior to any public hearing on 
the application for a permit to construct. Such notification shall 
include an analysis of the proposed source's anticipated impacts on 
visibility in the Federal Class I area. The Administrator shall also 
provide the Federal land manager and such Federal officials with a copy 
of the preliminary determination required under paragraph (q) of this 
section, and shall make available to them any materials used in making 
that determination, promptly after the Administrator makes such 
determination. Finally, the Administrator shall also notify all affected 
Federal land managers within 30 days of receipt of any advance 
notification of any such permit application.
    (2) Federal Land Manager. The Federal Land Manager and the Federal 
official charged with direct responsibility for management of such lands 
have an affirmative responsibility to protect the air quality related 
values (including visibility) of such lands and to consider, in 
consultation with the Administrator, whether a proposed source or 
modification will have an adverse impact on such values.
    (3) Visibility analysis. The Administrator shall consider any 
analysis performed by the Federal land manager, provided within 30 days 
of the notification required by paragraph (p)(1) of this section, that 
shows that a proposed new major stationary source or major modification 
may have an adverse impact on visibility in any Federal Class I area. 
Where the Administrator finds that such an analysis does not demonstrate 
to the satisfaction of the Administrator that an adverse impact on 
visibility will result in the Federal Class I area, the Administrator 
must, in the notice of public hearing on the permit application, either 
explain his decision or give notice as to where the explanation can be 
obtained.
    (4) Denial--impact on air quality related values. The Federal Land 
Manager of any such lands may demonstrate to the Administrator that the 
emissions from a proposed source or modification would have an adverse 
impact on the air quality-related values (including visibility) of those 
lands, notwithstanding that the change in air quality resulting from 
emissions from such source or modification would not cause or contribute 
to concentrations which would exceed the maximum allowable increases for 
a Class I area. If the Administrator concurs with such demonstration, 
then he shall not issue the permit.

[[Page 38]]

    (5) Class I variances. The owner or operator of a proposed source or 
modification may demonstrate to the Federal Land Manager that the 
emissions from such source or modification would have no adverse impact 
on the air quality related values of any such lands (including 
visibility), notwithstanding that the change in air quality resulting 
from emissions from such source or modification would cause or 
contribute to concentrations which would exceed the maximum allowable 
increases for a Class I area. If the Federal land manager concurs with 
such demonstration and he so certifies, the State may authorize the 
Administrator: Provided, That the applicable requirements of this 
section are otherwise met, to issue the permit with such emission 
limitations as may be necessary to assure that emissions of sulfur 
dioxide, PM2.5, PM10, and nitrogen oxides would 
not exceed the following maximum allowable increases over minor source 
baseline concentration for such pollutants:

------------------------------------------------------------------------
                                                       Maximum allowable
                                                            increase
                      Pollutant                         (micrograms per
                                                          cubic meter)
------------------------------------------------------------------------
PM2.5:
    Annual arithmetic mean...........................                  4
    24-hr maximum....................................                  9
PM10:
    Annual arithmetic mean...........................                 17
    24-hr maximum....................................                 30
Sulfur dioxide:
    Annual arithmetic mean...........................                 20
    24-hr maximum....................................                 91
    3-hr maximum.....................................                325
Nitrogen dioxide:
    Annual arithmetic mean...........................                 25
------------------------------------------------------------------------

    (6) Sulfur dioxide variance by Governor with Federal Land Manager's 
concurrence. The owner or operator of a proposed source or modification 
which cannot be approved under paragraph (q)(4) of this section may 
demonstrate to the Governor that the source cannot be constructed by 
reason of any maximum allowable increase for sulfur dioxide for a period 
of twenty-four hours or less applicable to any Class I area and, in the 
case of Federal mandatory Class I areas, that a variance under this 
clause would not adversely affect the air quality related values of the 
area (including visibility). The Governor, after consideration of the 
Federal Land Manager's recommendation (if any) and subject to his 
concurrence, may, after notice and public hearing, grant a variance from 
such maximum allowable increase. If such variance is granted, the 
Administrator shall issue a permit to such source or modification 
pursuant to the requirements of paragraph (q)(7) of this section: 
Provided, That the applicable requirements of this section are otherwise 
met.
    (7) Variance by the Governor with the President's concurrence. In 
any case where the Governor recommends a variance in which the Federal 
Land Manager does not concur, the recommendations of the Governor and 
the Federal Land Manager shall be transmitted to the President. The 
President may approve the Governor's recommendation if he finds that the 
variance is in the national interest. If the variance is approved, the 
Administrator shall issue a permit pursuant to the requirements of 
paragraph (q)(7) of this section: Provided, That the applicable 
requirements of this section are otherwise met.
    (8) Emission limitations for Presidential or gubernatorial variance. 
In the case of a permit issued pursuant to paragraph (q) (5) or (6) of 
this section the source or modification shall comply with such emission 
limitations as may be necessary to assure that emissions of sulfur 
dioxide from the source or modification would not (during any day on 
which the otherwise applicable maximum allowable increases are exceeded) 
cause or contribute to concentrations which would exceed the following 
maximum allowable increases over the baseline concentration and to 
assure that such emissions would not cause or contribute to 
concentrations which exceed the otherwise applicable maximum allowable 
increases for periods of exposure of 24 hours or less for more than 18 
days, not necessarily consecutive, during any annual period:

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


[[Page 39]]

    (q) Public participation. The Administrator shall follow the 
applicable procedures of 40 CFR part 124 in processing applications 
under this section. The Administrator shall follow the procedures at 40 
CFR 52.21(r) as in effect on June 19, 1979, to the extent that the 
procedures of 40 CFR part 124 do not apply.
    (r) Source obligation. (1) Any owner or operator who constructs or 
operates a source or modification not in accordance with the application 
submitted pursuant to this section or with the terms of any approval to 
construct, or any owner or operator of a source or modification subject 
to this section who commences construction after the effective date of 
these regulations without applying for and receiving approval hereunder, 
shall be subject to appropriate enforcement action.
    (2) Approval to construct shall become invalid if construction is 
not commenced within 18 months after receipt of such approval, if 
construction is discontinued for a period of 18 months or more, or if 
construction is not completed within a reasonable time. The 
Administrator may extend the 18-month period upon a satisfactory showing 
that an extension is justified. This provision does not apply to the 
time period between construction of the approved phases of a phased 
construction project; each phase must commence construction within 18 
months of the projected and approved commencement date.
    (3) Approval to construct shall not relieve any owner or operator of 
the responsibility to comply fully with applicable provisions of the 
State implementation plan and any other requirements under local, State, 
or Federal law.
    (4) At such time that a particular source or modification becomes a 
major stationary source or major modification solely by virtue of a 
relaxation in any enforceable limitation which was established after 
August 7, 1980, on the capacity of the source or modification otherwise 
to emit a pollutant, such as a restriction on hours of operation, then 
the requirements or paragraphs (j) through (s) of this section shall 
apply to the source or modification as though construction had not yet 
commenced on the source or modification.
    (5) [Reserved]
    (6) Except as otherwise provided in paragraph (r)(6)(vi)(b) of this 
section, the provisions of this paragraph (r)(6) apply with respect to 
any regulated NSR pollutant emitted from projects at existing emissions 
units at a major stationary source (other than projects at a source with 
a PAL) in circumstances where there is a reasonable possibility, within 
the meaning of paragraph (r)(6)(vi) of this section, that a project that 
is not a part of a major modification may result in a significant 
emissions increase of such pollutant, and the owner or operator elects 
to use the method specified in paragraphs (b)(41)(ii)(a) through (c) of 
this section for calculating projected actual emissions.
    (i) Before beginning actual construction of the project, the owner 
or operator shall document and maintain a record of the following 
information:
    (a) A description of the project;
    (b) Identification of the emissions unit(s) whose emissions of a 
regulated NSR pollutant could be affected by the project; and
    (c) A description of the applicability test used to determine that 
the project is not a major modification for any regulated NSR pollutant, 
including the baseline actual emissions, the projected actual emissions, 
the amount of emissions excluded under paragraph (b)(41)(ii)(c) of this 
section and an explanation for why such amount was excluded, and any 
netting calculations, if applicable.
    (ii) If the emissions unit is an existing electric utility steam 
generating unit, before beginning actual construction, the owner or 
operator shall provide a copy of the information set out in paragraph 
(r)(6)(i) of this section to the Administrator. Nothing in this 
paragraph (r)(6)(ii) shall be construed to require the owner or operator 
of such a unit to obtain any determination from the Administrator before 
beginning actual construction.
    (iii) The owner or operator shall monitor the emissions of any 
regulated NSR pollutant that could increase as a result of the project 
and that is emitted by any emissions unit identified in

[[Page 40]]

paragraph (r)(6)(i)(b) of this section; and calculate and maintain a 
record of the annual emissions, in tons per year on a calendar year 
basis, for a period of 5 years following resumption of regular 
operations after the change, or for a period of 10 years following 
resumption of regular operations after the change if the project 
increases the design capacity or potential to emit that regulated NSR 
pollutant at such emissions unit.
    (iv) If the unit is an existing electric utility steam generating 
unit, the owner or operator shall submit a report to the Administrator 
within 60 days after the end of each year during which records must be 
generated under paragraph (r)(6)(iii) of this section setting out the 
unit's annual emissions during the calendar year that preceded 
submission of the report.
    (v) If the unit is an existing unit other than an electric utility 
steam generating unit, the owner or operator shall submit a report to 
the Administrator if the annual emissions, in tons per year, from the 
project identified in paragraph (r)(6)(i) of this section, exceed the 
baseline actual emissions (as documented and maintained pursuant to 
paragraph (r)(6)(i)(c) of this section), by a significant amount (as 
defined in paragraph (b)(23) of this section) for that regulated NSR 
pollutant, and if such emissions differ from the preconstruction 
projection as documented and maintained pursuant to paragraph 
(r)(6)(i)(c) of this section. Such report shall be submitted to the 
Administrator within 60 days after the end of such year. The report 
shall contain the following:
    (a) The name, address and telephone number of the major stationary 
source;
    (b) The annual emissions as calculated pursuant to paragraph 
(r)(6)(iii) of this section; and
    (c) Any other information that the owner or operator wishes to 
include in the report (e.g., an explanation as to why the emissions 
differ from the preconstruction projection).
    (vi) A ``reasonable possibility'' under paragraph (r)(6) of this 
section occurs when the owner or operator calculates the project to 
result in either:
    (a) A projected actual emissions increase of at least 50 percent of 
the amount that is a ``significant emissions increase,'' as defined 
under paragraph (b)(40) of this section (without reference to the amount 
that is a significant net emissions increase), for the regulated NSR 
pollutant; or
    (b) A projected actual emissions increase that, added to the amount 
of emissions excluded under paragraph (b)(41)(ii)(c) of this section, 
sums to at least 50 percent of the amount that is a ``significant 
emissions increase,'' as defined under paragraph (b)(40) of this section 
(without reference to the amount that is a significant net emissions 
increase), for the regulated NSR pollutant. For a project for which a 
reasonable possibility occurs only within the meaning of paragraph 
(r)(6)(vi)(b) of this section, and not also within the meaning of 
paragraph (r)(6)(vi)(a) of this section, then provisions (r)(6)(ii) 
through (v) do not apply to the project.
    (7) The owner or operator of the source shall make the information 
required to be documented and maintained pursuant to paragraph (r)(6) of 
this section available for review upon a request for inspection by the 
Administrator or the general public pursuant to the requirements 
contained in Sec. 70.4(b)(3)(viii) of this chapter.
    (s) Environmental impact statements. Whenever any proposed source or 
modification is subject to action by a Federal Agency which might 
necessitate preparation of an environmental impact statement pursuant to 
the National Environmental Policy Act (42 U.S.C. 4321), review by the 
Administrator conducted pursuant to this section shall be coordinated 
with the broad environmental reviews under that Act and under section 
309 of the Clean Air Act to the maximum extent feasible and reasonable.
    (t) Disputed permits or redesignations. If any State affected by the 
redesignation of an area by an Indian Governing Body, or any Indian 
Governing Body of a tribe affected by the redesignation of an area by a 
State, disagrees with such redesignation, or if a permit is proposed to 
be issued for any major stationary source or major modification proposed 
for construction in any State which the Governor of an affected State or 
Indian Governing Body of an

[[Page 41]]

affected tribe determines will cause or contribute to a cumulative 
change in air quality in excess of that allowed in this part within the 
affected State or Indian Reservation, the Governor or Indian Governing 
Body may request the Administrator to enter into negotiations with the 
parties involved to resolve such dispute. If requested by any State or 
Indian Governing Body involved, the Administrator shall make a 
recommendation to resolve the dispute and protect the air quality 
related values of the lands involved. If the parties involved do not 
reach agreement, the Administrator shall resolve the dispute and his 
determination, or the results of agreements reached through other means, 
shall become part of the applicable State implementation plan and shall 
be enforceable as part of such plan. In resolving such disputes relating 
to area redesignation, the Administrator shall consider the extent to 
which the lands involved are of sufficient size to allow effective air 
quality management or have air quality related values of such an area.
    (u) Delegation of authority. (1) The Administrator shall have the 
authority to delegate his responsibility for conducting source review 
pursuant to this section, in accordance with paragraphs (v) (2) and (3) 
of this section.
    (2) Where the Administrator delegates the responsibility for 
conducting source review under this section to any agency other than a 
Regional Office of the Environmental Protection Agency, the following 
provisions shall apply:
    (i) Where the delegate agency is not an air pollution control 
agency, it shall consult with the appropriate State and local air 
pollution control agency prior to making any determination under this 
section. Similarly, where the delegate agency does not have continuing 
responsibility for managing land use, it shall consult with the 
appropriate State and local agency primarily responsible for managing 
land use prior to making any determination under this section.
    (ii) The delegate agency shall send a copy of any public comment 
notice required under paragraph (r) of this section to the Administrator 
through the appropriate Regional Office.
    (3) The Administrator's authority for reviewing a source or 
modification located on an Indian Reservation shall not be redelegated 
other than to a Regional Office of the Environmental Protection Agency, 
except where the State has assumed jurisdiction over such land under 
other laws. Where the State has assumed such jurisdiction, the 
Administrator may delegate his authority to the States in accordance 
with paragraph (v)(2) of this section.
    (4) In the case of a source or modification which proposes to 
construct in a class III area, emissions from which would cause or 
contribute to air quality exceeding the maximum allowable increase 
applicable if the area were designated a class II area, and where no 
standard under section 111 of the act has been promulgated for such 
source category, the Administrator must approve the determination of 
best available control technology as set forth in the permit.
    (v) Innovative control technology. (1) An owner or operator of a 
proposed major stationary source or major modification may request the 
Administrator in writing no later than the close of the comment period 
under 40 CFR 124.10 to approve a system of innovative control 
technology.
    (2) The Administrator shall, with the consent of the governor(s) of 
the affected state(s), determine that the source or modification may 
employ a system of innovative control technology, if:
    (i) The proposed control system would not cause or contribute to an 
unreasonable risk to public health, welfare, or safety in its operation 
or function;
    (ii) The owner or operator agrees to achieve a level of continuous 
emissions reduction equivalent to that which would have been required 
under paragraph (j)(2) of this section, by a date specified by the 
Administrator. Such date shall not be later than 4 years from the time 
of startup or 7 years from permit issuance;
    (iii) The source or modification would meet the requirements of 
paragraphs (j) and (k) of this section, based on the emissions rate that 
the stationary source employing the system of innovative control 
technology would

[[Page 42]]

be required to meet on the date specified by the Administrator;
    (iv) The source or modification would not before the date specified 
by the Administrator:
    (a) Cause or contribute to a violation of an applicable national 
ambient air quality standard; or
    (b) Impact any area where an applicable increment is known to be 
violated; and
    (v) All other applicable requirements including those for public 
participation have been met.
    (vi) The provisions of paragraph (p) of this section (relating to 
Class I areas) have been satisfied with respect to all periods during 
the life of the source or modification.
    (3) The Administrator shall withdraw any approval to employ a system 
of innovative control technology made under this section, if:
    (i) The proposed system fails by the specified date to achieve the 
required continuous emissions reduction rate; or
    (ii) The proposed system fails before the specified date so as to 
contribute to an unreasonable risk to public health, welfare, or safety; 
or
    (iii) The Administrator decides at any time that the proposed system 
is unlikely to achieve the required level of control or to protect the 
public health, welfare, or safety.
    (4) If a source or modification fails to meet the required level of 
continuous emission reduction within the specified time period or the 
approval is withdrawn in accordance with paragraph (v)(3) of this 
section, the Administrator may allow the source or modification up to an 
additional 3 years to meet the requirement for the application of best 
available control technology through use of a demonstrated system of 
control.
    (w) Permit rescission. (1) Any permit issued under this section or a 
prior version of this section shall remain in effect, unless and until 
it expires under paragraph (s) of this section or is rescinded.
    (2) Any owner or operator of a stationary source or modification who 
holds a permit for the source or modification which was issued under 40 
CFR 52.21 as in effect on July 30, 1987, or any earlier version of this 
section, may request that the Administrator rescind the permit or a 
particular portion of the permit.
    (3) The Administrator shall grant an application for rescission if 
the application shows that this section would not apply to the source or 
modification.
    (4) If the Administrator rescinds a permit under this paragraph, the 
public shall be given adequate notice of the rescission. Publication of 
an announcement of rescission in a newspaper of general circulation in 
the affected region within 60 days of the rescission shall be considered 
adequate notice.
    (x)-(z) [Reserved]
    (aa) Actuals PALs. The provisions in paragraphs (aa)(1) through (15) 
of this section govern actuals PALs.
    (1) Applicability. (i) The Administrator may approve the use of an 
actuals PAL for any existing major stationary source if the PAL meets 
the requirements in paragraphs (aa)(1) through (15) of this section. The 
term ``PAL'' shall mean ``actuals PAL'' throughout paragraph (aa) of 
this section.
    (ii) Any physical change in or change in the method of operation of 
a major stationary source that maintains its total source-wide emissions 
below the PAL level, meets the requirements in paragraphs (aa)(1) 
through (15) of this section, and complies with the PAL permit:
    (a) Is not a major modification for the PAL pollutant;
    (b) Does not have to be approved through the PSD program; and
    (c) Is not subject to the provisions in paragraph (r)(4) of this 
section (restrictions on relaxing enforceable emission limitations that 
the major stationary source used to avoid applicability of the major NSR 
program).
    (iii) Except as provided under paragraph (aa)(1)(ii)(c) of this 
section, a major stationary source shall continue to comply with all 
applicable Federal or State requirements, emission limitations, and work 
practice requirements that were established prior to the effective date 
of the PAL.
    (2) Definitions. For the purposes of this section, the definitions 
in paragraphs (aa)(2)(i) through (xi) of this

[[Page 43]]

section apply. When a term is not defined in these paragraphs, it shall 
have the meaning given in paragraph (b) of this section or in the Act.
    (i) Actuals PAL for a major stationary source means a PAL based on 
the baseline actual emissions (as defined in paragraph (b)(48) of this 
section) of all emissions units (as defined in paragraph (b)(7) of this 
section) at the source, that emit or have the potential to emit the PAL 
pollutant.
    (ii) Allowable emissions means ``allowable emissions'' as defined in 
paragraph (b)(16) of this section, except as this definition is modified 
according to paragraphs (aa)(2)(ii)(a) and (b) of this section.
    (a) The allowable emissions for any emissions unit shall be 
calculated considering any emission limitations that are enforceable as 
a practical matter on the emissions unit's potential to emit.
    (b) An emissions unit's potential to emit shall be determined using 
the definition in paragraph (b)(4) of this section, except that the 
words ``or enforceable as a practical matter'' should be added after 
``federally enforceable.''
    (iii) Small emissions unit means an emissions unit that emits or has 
the potential to emit the PAL pollutant in an amount less than the 
significant level for that PAL pollutant, as defined in paragraph 
(b)(23) of this section or in the Act, whichever is lower.
    (iv) Major emissions unit means:
    (a) Any emissions unit that emits or has the potential to emit 100 
tons per year or more of the PAL pollutant in an attainment area; or
    (b) Any emissions unit that emits or has the potential to emit the 
PAL pollutant in an amount that is equal to or greater than the major 
source threshold for the PAL pollutant as defined by the Act for 
nonattainment areas. For example, in accordance with the definition of 
major stationary source in section 182(c) of the Act, an emissions unit 
would be a major emissions unit for VOC if the emissions unit is located 
in a serious ozone nonattainment area and it emits or has the potential 
to emit 50 or more tons of VOC per year.
    (v) Plantwide applicability limitation (PAL) means an emission 
limitation expressed in tons per year, for a pollutant at a major 
stationary source, that is enforceable as a practical matter and 
established source-wide in accordance with paragraphs (aa)(1) through 
(15) of this section.
    (vi) PAL effective date generally means the date of issuance of the 
PAL permit. However, the PAL effective date for an increased PAL is the 
date any emissions unit that is part of the PAL major modification 
becomes operational and begins to emit the PAL pollutant.
    (vii) PAL effective period means the period beginning with the PAL 
effective date and ending 10 years later.
    (viii) PAL major modification means, notwithstanding paragraphs 
(b)(2) and (b)(3) of this section (the definitions for major 
modification and net emissions increase), any physical change in or 
change in the method of operation of the PAL source that causes it to 
emit the PAL pollutant at a level equal to or greater than the PAL.
    (ix) PAL permit means the major NSR permit, the minor NSR permit, or 
the State operating permit under a program that is approved into the 
State Implementation Plan, or the title V permit issued by the 
Administrator that establishes a PAL for a major stationary source.
    (x) PAL pollutant means the pollutant for which a PAL is established 
at a major stationary source.
    (xi) Significant emissions unit means an emissions unit that emits 
or has the potential to emit a PAL pollutant in an amount that is equal 
to or greater than the significant level (as defined in paragraph 
(b)(23) of this section or in the Act, whichever is lower) for that PAL 
pollutant, but less than the amount that would qualify the unit as a 
major emissions unit as defined in paragraph (aa)(2)(iv) of this 
section.
    (3) Permit application requirements. As part of a permit application 
requesting a PAL, the owner or operator of a major stationary source 
shall submit the following information to the Administrator for 
approval:
    (i) A list of all emissions units at the source designated as small, 
significant or major based on their potential to emit. In addition, the 
owner or operator of the source shall indicate which,

[[Page 44]]

if any, Federal or State applicable requirements, emission limitations, 
or work practices apply to each unit.
    (ii) Calculations of the baseline actual emissions (with supporting 
documentation). Baseline actual emissions are to include emissions 
associated not only with operation of the unit, but also emissions 
associated with startup, shutdown, and malfunction.
    (iii) The calculation procedures that the major stationary source 
owner or operator proposes to use to convert the monitoring system data 
to monthly emissions and annual emissions based on a 12-month rolling 
total for each month as required by paragraph (aa)(13)(i) of this 
section.
    (4) General requirements for establishing PALs. (i) The 
Administrator is allowed to establish a PAL at a major stationary 
source, provided that at a minimum, the requirements in paragraphs 
(aa)(4)(i)(a) through (g) of this section are met.
    (a) The PAL shall impose an annual emission limitation in tons per 
year, that is enforceable as a practical matter, for the entire major 
stationary source. For each month during the PAL effective period after 
the first 12 months of establishing a PAL, the major stationary source 
owner or operator shall show that the sum of the monthly emissions from 
each emissions unit under the PAL for the previous 12 consecutive months 
is less than the PAL (a 12-month average, rolled monthly). For each 
month during the first 11 months from the PAL effective date, the major 
stationary source owner or operator shall show that the sum of the 
preceding monthly emissions from the PAL effective date for each 
emissions unit under the PAL is less than the PAL.
    (b) The PAL shall be established in a PAL permit that meets the 
public participation requirements in paragraph (aa)(5) of this section.
    (c) The PAL permit shall contain all the requirements of paragraph 
(aa)(7) of this section.
    (d) The PAL shall include fugitive emissions, to the extent 
quantifiable, from all emissions units that emit or have the potential 
to emit the PAL pollutant at the major stationary source.
    (e) Each PAL shall regulate emissions of only one pollutant.
    (f) Each PAL shall have a PAL effective period of 10 years.
    (g) The owner or operator of the major stationary source with a PAL 
shall comply with the monitoring, recordkeeping, and reporting 
requirements provided in paragraphs (aa)(12) through (14) of this 
section for each emissions unit under the PAL through the PAL effective 
period.
    (ii) At no time (during or after the PAL effective period) are 
emissions reductions of a PAL pollutant that occur during the PAL 
effective period creditable as decreases for purposes of offsets under 
Sec. 51.165(a)(3)(ii) of this chapter unless the level of the PAL is 
reduced by the amount of such emissions reductions and such reductions 
would be creditable in the absence of the PAL.
    (5) Public participation requirements for PALs. PALs for existing 
major stationary sources shall be established, renewed, or increased 
through a procedure that is consistent with Sec. Sec. 51.160 and 51.161 
of this chapter. This includes the requirement that the Administrator 
provide the public with notice of the proposed approval of a PAL permit 
and at least a 30-day period for submittal of public comment. The 
Administrator must address all material comments before taking final 
action on the permit.
    (6) Setting the 10-year actuals PAL level. (i) Except as provided in 
paragraph (aa)(6)(ii) of this section, the plan shall provide that the 
actuals PAL level for a major stationary source shall be established as 
the sum of the baseline actual emissions (as defined in paragraph 
(b)(48) of this section) of the PAL pollutant for each emissions unit at 
the source; plus an amount equal to the applicable significant level for 
the PAL pollutant under paragraph (b)(23) of this section or under the 
Act, whichever is lower. When establishing the actuals PAL level, for a 
PAL pollutant, only one consecutive 24-month period must be used to 
determine the baseline actual emissions for all existing emissions 
units. However, a different consecutive 24-month period may be used for 
each

[[Page 45]]

different PAL pollutant. Emissions associated with units that were 
permanently shut down after this 24-month period must be subtracted from 
the PAL level. The reviewing authority shall specify a reduced PAL 
level(s) (in tons/yr) in the PAL permit to become effective on the 
future compliance date(s) of any applicable Federal or State regulatory 
requirement(s) that the reviewing authority is aware of prior to 
issuance of the PAL permit. For instance, if the source owner or 
operator will be required to reduce emissions from industrial boilers in 
half from baseline emissions of 60 ppm NOX to a new rule 
limit of 30 ppm, then the permit shall contain a future effective PAL 
level that is equal to the current PAL level reduced by half of the 
original baseline emissions of such unit(s).
    (ii) For newly constructed units (which do not include modifications 
to existing units) on which actual construction began after the 24-month 
period, in lieu of adding the baseline actual emissions as specified in 
paragraph (aa)(6)(i) of this section, the emissions must be added to the 
PAL level in an amount equal to the potential to emit of the units.
    (7) Contents of the PAL permit. The PAL permit must contain, at a 
minimum, the information in paragraphs (aa)(7)(i) through (x) of this 
section.
    (i) The PAL pollutant and the applicable source-wide emission 
limitation in tons per year.
    (ii) The PAL permit effective date and the expiration date of the 
PAL (PAL effective period).
    (iii) Specification in the PAL permit that if a major stationary 
source owner or operator applies to renew a PAL in accordance with 
paragraph (aa)(10) of this section before the end of the PAL effective 
period, then the PAL shall not expire at the end of the PAL effective 
period. It shall remain in effect until a revised PAL permit is issued 
by a reviewing authority.
    (iv) A requirement that emission calculations for compliance 
purposes must include emissions from startups, shutdowns, and 
malfunctions.
    (v) A requirement that, once the PAL expires, the major stationary 
source is subject to the requirements of paragraph (aa)(9) of this 
section.
    (vi) The calculation procedures that the major stationary source 
owner or operator shall use to convert the monitoring system data to 
monthly emissions and annual emissions based on a 12-month rolling total 
as required by paragraph (aa)(13)(i) of this section.
    (vii) A requirement that the major stationary source owner or 
operator monitor all emissions units in accordance with the provisions 
under paragraph (aa)(12) of this section.
    (viii) A requirement to retain the records required under paragraph 
(aa)(13) of this section on site. Such records may be retained in an 
electronic format.
    (ix) A requirement to submit the reports required under paragraph 
(aa)(14) of this section by the required deadlines.
    (x) Any other requirements that the Administrator deems necessary to 
implement and enforce the PAL.
    (8) PAL effective period and reopening of the PAL permit. The 
requirements in paragraphs (aa)(8)(i) and (ii) of this section apply to 
actuals PALs.
    (i) PAL effective period. The Administrator shall specify a PAL 
effective period of 10 years.
    (ii) Reopening of the PAL permit. (a) During the PAL effective 
period, the Administrator must reopen the PAL permit to:
    (1) Correct typographical/calculation errors made in setting the PAL 
or reflect a more accurate determination of emissions used to establish 
the PAL;
    (2) Reduce the PAL if the owner or operator of the major stationary 
source creates creditable emissions reductions for use as offsets under 
Sec. 51.165(a)(3)(ii) of this chapter; and
    (3) Revise the PAL to reflect an increase in the PAL as provided 
under paragraph (aa)(11) of this section.
    (b) The Administrator shall have discretion to reopen the PAL permit 
for the following:
    (1) Reduce the PAL to reflect newly applicable Federal requirements 
(for example, NSPS) with compliance dates after the PAL effective date;
    (2) Reduce the PAL consistent with any other requirement, that is 
enforceable as a practical matter, and that the

[[Page 46]]

State may impose on the major stationary source under the State 
Implementation Plan; and
    (3) Reduce the PAL if the reviewing authority determines that a 
reduction is necessary to avoid causing or contributing to a NAAQS or 
PSD increment violation, or to an adverse impact on an air quality 
related value that has been identified for a Federal Class I area by a 
Federal Land Manager and for which information is available to the 
general public.
    (c) Except for the permit reopening in paragraph (aa)(8)(ii)(a)(1) 
of this section for the correction of typographical/calculation errors 
that do not increase the PAL level, all other reopenings shall be 
carried out in accordance with the public participation requirements of 
paragraph (aa)(5) of this section.
    (9) Expiration of a PAL. Any PAL that is not renewed in accordance 
with the procedures in paragraph (aa)(10) of this section shall expire 
at the end of the PAL effective period, and the requirements in 
paragraphs (aa)(9)(i) through (v) of this section shall apply.
    (i) Each emissions unit (or each group of emissions units) that 
existed under the PAL shall comply with an allowable emission limitation 
under a revised permit established according to the procedures in 
paragraphs (aa)(9)(i)(a) and (b) of this section.
    (a) Within the time frame specified for PAL renewals in paragraph 
(aa)(10)(ii) of this section, the major stationary source shall submit a 
proposed allowable emission limitation for each emissions unit (or each 
group of emissions units, if such a distribution is more appropriate as 
decided by the Administrator) by distributing the PAL allowable 
emissions for the major stationary source among each of the emissions 
units that existed under the PAL. If the PAL had not yet been adjusted 
for an applicable requirement that became effective during the PAL 
effective period, as required under paragraph (aa)(10)(v) of this 
section, such distribution shall be made as if the PAL had been 
adjusted.
    (b) The Administrator shall decide whether and how the PAL allowable 
emissions will be distributed and issue a revised permit incorporating 
allowable limits for each emissions unit, or each group of emissions 
units, as the Administrator determines is appropriate.
    (ii) Each emissions unit(s) shall comply with the allowable emission 
limitation on a 12-month rolling basis. The Administrator may approve 
the use of monitoring systems (source testing, emission factors, etc.) 
other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the 
allowable emission limitation.
    (iii) Until the Administrator issues the revised permit 
incorporating allowable limits for each emissions unit, or each group of 
emissions units, as required under paragraph (aa)(9)(i)(b) of this 
section, the source shall continue to comply with a source-wide, multi-
unit emissions cap equivalent to the level of the PAL emission 
limitation.
    (iv) Any physical change or change in the method of operation at the 
major stationary source will be subject to major NSR requirements if 
such change meets the definition of major modification in paragraph 
(b)(2) of this section.
    (v) The major stationary source owner or operator shall continue to 
comply with any State or Federal applicable requirements (BACT, RACT, 
NSPS, etc.) that may have applied either during the PAL effective period 
or prior to the PAL effective period except for those emission 
limitations that had been established pursuant to paragraph (r)(4) of 
this section, but were eliminated by the PAL in accordance with the 
provisions in paragraph (aa)(1)(ii)(c) of this section.
    (10) Renewal of a PAL. (i) The Administrator shall follow the 
procedures specified in paragraph (aa)(5) of this section in approving 
any request to renew a PAL for a major stationary source, and shall 
provide both the proposed PAL level and a written rationale for the 
proposed PAL level to the public for review and comment. During such 
public review, any person may propose a PAL level for the source for 
consideration by the Administrator.
    (ii) Application deadline. A major stationary source owner or 
operator shall submit a timely application to the Administrator to 
request renewal of a PAL. A timely application is one that

[[Page 47]]

is submitted at least 6 months prior to, but not earlier than 18 months 
from, the date of permit expiration. This deadline for application 
submittal is to ensure that the permit will not expire before the permit 
is renewed. If the owner or operator of a major stationary source 
submits a complete application to renew the PAL within this time period, 
then the PAL shall continue to be effective until the revised permit 
with the renewed PAL is issued.
    (iii) Application requirements. The application to renew a PAL 
permit shall contain the information required in paragraphs 
(aa)(10)(iii)(a) through (d) of this section.
    (a) The information required in paragraphs (aa)(3)(i) through (iii) 
of this section.
    (b) A proposed PAL level.
    (c) The sum of the potential to emit of all emissions units under 
the PAL (with supporting documentation).
    (d) Any other information the owner or operator wishes the 
Administrator to consider in determining the appropriate level for 
renewing the PAL.
    (iv) PAL adjustment. In determining whether and how to adjust the 
PAL, the Administrator shall consider the options outlined in paragraphs 
(aa)(10)(iv)(a) and (b) of this section. However, in no case may any 
such adjustment fail to comply with paragraph (aa)(10)(iv)(c) of this 
section.
    (a) If the emissions level calculated in accordance with paragraph 
(aa)(6) of this section is equal to or greater than 80 percent of the 
PAL level, the Administrator may renew the PAL at the same level without 
considering the factors set forth in paragraph (aa)(10)(iv)(b) of this 
section; or
    (b) The Administrator may set the PAL at a level that he or she 
determines to be more representative of the source's baseline actual 
emissions, or that he or she determines to be more appropriate 
considering air quality needs, advances in control technology, 
anticipated economic growth in the area, desire to reward or encourage 
the source's voluntary emissions reductions, or other factors as 
specifically identified by the Administrator in his or her written 
rationale.
    (c) Notwithstanding paragraphs (aa)(10)(iv)(a) and (b) of this 
section:
    (1) If the potential to emit of the major stationary source is less 
than the PAL, the Administrator shall adjust the PAL to a level no 
greater than the potential to emit of the source; and
    (2) The Administrator shall not approve a renewed PAL level higher 
than the current PAL, unless the major stationary source has complied 
with the provisions of paragraph (aa)(11) of this section (increasing a 
PAL).
    (v) If the compliance date for a State or Federal requirement that 
applies to the PAL source occurs during the PAL effective period, and if 
the Administrator has not already adjusted for such requirement, the PAL 
shall be adjusted at the time of PAL permit renewal or title V permit 
renewal, whichever occurs first.
    (11) Increasing a PAL during the PAL effective period. (i) The 
Administrator may increase a PAL emission limitation only if the major 
stationary source complies with the provisions in paragraphs 
(aa)(11)(i)(a) through (d) of this section.
    (a) The owner or operator of the major stationary source shall 
submit a complete application to request an increase in the PAL limit 
for a PAL major modification. Such application shall identify the 
emissions unit(s) contributing to the increase in emissions so as to 
cause the major stationary source's emissions to equal or exceed its 
PAL.
    (b) As part of this application, the major stationary source owner 
or operator shall demonstrate that the sum of the baseline actual 
emissions of the small emissions units, plus the sum of the baseline 
actual emissions of the significant and major emissions units assuming 
application of BACT equivalent controls, plus the sum of the allowable 
emissions of the new or modified emissions unit(s) exceeds the PAL. The 
level of control that would result from BACT equivalent controls on each 
significant or major emissions unit shall be determined by conducting a 
new BACT analysis at the time the application is submitted, unless the 
emissions unit is currently required to comply with a BACT or LAER 
requirement that was established within the preceding 10 years. In such 
a case, the assumed control level for that emissions

[[Page 48]]

unit shall be equal to the level of BACT or LAER with which that 
emissions unit must currently comply.
    (c) The owner or operator obtains a major NSR permit for all 
emissions unit(s) identified in paragraph (aa)(11)(i)(a) of this 
section, regardless of the magnitude of the emissions increase resulting 
from them (that is, no significant levels apply). These emissions 
unit(s) shall comply with any emissions requirements resulting from the 
major NSR process (for example, BACT), even though they have also become 
subject to the PAL or continue to be subject to the PAL.
    (d) The PAL permit shall require that the increased PAL level shall 
be effective on the day any emissions unit that is part of the PAL major 
modification becomes operational and begins to emit the PAL pollutant.
    (ii) The Administrator shall calculate the new PAL as the sum of the 
allowable emissions for each modified or new emissions unit, plus the 
sum of the baseline actual emissions of the significant and major 
emissions units (assuming application of BACT equivalent controls as 
determined in accordance with paragraph (aa)(11)(i)(b)), plus the sum of 
the baseline actual emissions of the small emissions units.
    (iii) The PAL permit shall be revised to reflect the increased PAL 
level pursuant to the public notice requirements of paragraph (aa)(5) of 
this section.
    (12) Monitoring requirements for PALs. (i) General requirements. (a) 
Each PAL permit must contain enforceable requirements for the monitoring 
system that accurately determines plantwide emissions of the PAL 
pollutant in terms of mass per unit of time. Any monitoring system 
authorized for use in the PAL permit must be based on sound science and 
meet generally acceptable scientific procedures for data quality and 
manipulation. Additionally, the information generated by such system 
must meet minimum legal requirements for admissibility in a judicial 
proceeding to enforce the PAL permit.
    (b) The PAL monitoring system must employ one or more of the four 
general monitoring approaches meeting the minimum requirements set forth 
in paragraphs (aa)(12)(ii)(a) through (d) of this section and must be 
approved by the Administrator.
    (c) Notwithstanding paragraph (aa)(12)(i)(b) of this section, you 
may also employ an alternative monitoring approach that meets paragraph 
(aa)(12)(i)(a) of this section if approved by the Administrator.
    (d) Failure to use a monitoring system that meets the requirements 
of this section renders the PAL invalid.
    (ii) Minimum performance requirements for approved monitoring 
approaches. The following are acceptable general monitoring approaches 
when conducted in accordance with the minimum requirements in paragraphs 
(aa)(12)(iii) through (ix) of this section:
    (a) Mass balance calculations for activities using coatings or 
solvents;
    (b) CEMS;
    (c) CPMS or PEMS; and
    (d) Emission factors.
    (iii) Mass balance calculations. An owner or operator using mass 
balance calculations to monitor PAL pollutant emissions from activities 
using coating or solvents shall meet the following requirements:
    (a) Provide a demonstrated means of validating the published content 
of the PAL pollutant that is contained in or created by all materials 
used in or at the emissions unit;
    (b) Assume that the emissions unit emits all of the PAL pollutant 
that is contained in or created by any raw material or fuel used in or 
at the emissions unit, if it cannot otherwise be accounted for in the 
process; and
    (c) Where the vendor of a material or fuel, which is used in or at 
the emissions unit, publishes a range of pollutant content from such 
material, the owner or operator must use the highest value of the range 
to calculate the PAL pollutant emissions unless the Administrator 
determines there is site-specific data or a site-specific monitoring 
program to support another content within the range.
    (iv) CEMS. An owner or operator using CEMS to monitor PAL pollutant 
emissions shall meet the following requirements:
    (a) CEMS must comply with applicable Performance Specifications 
found in 40 CFR part 60, appendix B; and

[[Page 49]]

    (b) CEMS must sample, analyze and record data at least every 15 
minutes while the emissions unit is operating.
    (v) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor 
PAL pollutant emissions shall meet the following requirements:
    (a) The CPMS or the PEMS must be based on current site-specific data 
demonstrating a correlation between the monitored parameter(s) and the 
PAL pollutant emissions across the range of operation of the emissions 
unit; and
    (b) Each CPMS or PEMS must sample, analyze, and record data at least 
every 15 minutes, or at another less frequent interval approved by the 
Administrator, while the emissions unit is operating.
    (vi) Emission factors. An owner or operator using emission factors 
to monitor PAL pollutant emissions shall meet the following 
requirements:
    (a) All emission factors shall be adjusted, if appropriate, to 
account for the degree of uncertainty or limitations in the factors' 
development;
    (b) The emissions unit shall operate within the designated range of 
use for the emission factor, if applicable; and
    (c) If technically practicable, the owner or operator of a 
significant emissions unit that relies on an emission factor to 
calculate PAL pollutant emissions shall conduct validation testing to 
determine a site-specific emission factor within 6 months of PAL permit 
issuance, unless the Administrator determines that testing is not 
required.
    (vii) A source owner or operator must record and report maximum 
potential emissions without considering enforceable emission limitations 
or operational restrictions for an emissions unit during any period of 
time that there is no monitoring data, unless another method for 
determining emissions during such periods is specified in the PAL 
permit.
    (viii) Notwithstanding the requirements in paragraphs (aa)(12)(iii) 
through (vii) of this section, where an owner or operator of an 
emissions unit cannot demonstrate a correlation between the monitored 
parameter(s) and the PAL pollutant emissions rate at all operating 
points of the emissions unit, the Administrator shall, at the time of 
permit issuance:
    (a) Establish default value(s) for determining compliance with the 
PAL based on the highest potential emissions reasonably estimated at 
such operating point(s); or
    (b) Determine that operation of the emissions unit during operating 
conditions when there is no correlation between monitored parameter(s) 
and the PAL pollutant emissions is a violation of the PAL.
    (ix) Re-validation. All data used to establish the PAL pollutant 
must be re-validated through performance testing or other scientifically 
valid means approved by the Administrator. Such testing must occur at 
least once every 5 years after issuance of the PAL.
    (13) Recordkeeping requirements. (i) The PAL permit shall require an 
owner or operator to retain a copy of all records necessary to determine 
compliance with any requirement of paragraph (aa) of this section and of 
the PAL, including a determination of each emissions unit's 12-month 
rolling total emissions, for 5 years from the date of such record.
    (ii) The PAL permit shall require an owner or operator to retain a 
copy of the following records for the duration of the PAL effective 
period plus 5 years:
    (a) A copy of the PAL permit application and any applications for 
revisions to the PAL; and
    (b) Each annual certification of compliance pursuant to title V and 
the data relied on in certifying the compliance.
    (14) Reporting and notification requirements. The owner or operator 
shall submit semi-annual monitoring reports and prompt deviation reports 
to the Administrator in accordance with the applicable title V operating 
permit program. The reports shall meet the requirements in paragraphs 
(aa)(14)(i) through (iii) of this section.
    (i) Semi-annual report. The semi-annual report shall be submitted to 
the Administrator within 30 days of the end of each reporting period. 
This report shall contain the information required in paragraphs 
(aa)(14)(i)(a) through (g) of this section.

[[Page 50]]

    (a) The identification of owner and operator and the permit number.
    (b) Total annual emissions (tons/year) based on a 12-month rolling 
total for each month in the reporting period recorded pursuant to 
paragraph (aa)(13)(i) of this section.
    (c) All data relied upon, including, but not limited to, any Quality 
Assurance or Quality Control data, in calculating the monthly and annual 
PAL pollutant emissions.
    (d) A list of any emissions units modified or added to the major 
stationary source during the preceding 6-month period.
    (e) The number, duration, and cause of any deviations or monitoring 
malfunctions (other than the time associated with zero and span 
calibration checks), and any corrective action taken.
    (f) A notification of a shutdown of any monitoring system, whether 
the shutdown was permanent or temporary, the reason for the shutdown, 
the anticipated date that the monitoring system will be fully 
operational or replaced with another monitoring system, and whether the 
emissions unit monitored by the monitoring system continued to operate, 
and the calculation of the emissions of the pollutant or the number 
determined by method included in the permit, as provided by 
(aa)(12)(vii).
    (g) A signed statement by the responsible official (as defined by 
the applicable title V operating permit program) certifying the truth, 
accuracy, and completeness of the information provided in the report.
    (ii) Deviation report. The major stationary source owner or operator 
shall promptly submit reports of any deviations or exceedance of the PAL 
requirements, including periods where no monitoring is available. A 
report submitted pursuant to Sec. 70.6(a)(3)(iii)(B) of this chapter 
shall satisfy this reporting requirement. The deviation reports shall be 
submitted within the time limits prescribed by the applicable program 
implementing Sec. 70.6(a)(3)(iii)(B) of this chapter. The reports shall 
contain the following information:
    (a) The identification of owner and operator and the permit number;
    (b) The PAL requirement that experienced the deviation or that was 
exceeded;
    (c) Emissions resulting from the deviation or the exceedance; and
    (d) A signed statement by the responsible official (as defined by 
the applicable title V operating permit program) certifying the truth, 
accuracy, and completeness of the information provided in the report.
    (iii) Re-validation results. The owner or operator shall submit to 
the Administrator the results of any re-validation test or method within 
3 months after completion of such test or method.
    (15) Transition requirements. (i) The Administrator may not issue a 
PAL that does not comply with the requirements in paragraphs (aa)(1) 
through (15) of this section after March 3, 2003.
    (ii) The Administrator may supersede any PAL that was established 
prior to March 3, 2003 with a PAL that complies with the requirements of 
paragraphs (aa)(1) through (15) of this section.
    (bb) If any provision of this section, or the application of such 
provision to any person or circumstance, is held invalid, the remainder 
of this section, or the application of such provision to persons or 
circumstances other than those as to which it is held invalid, shall not 
be affected thereby.
    (cc) Without regard to other considerations, routine maintenance, 
repair and replacement includes, but is not limited to, the replacement 
of any component of a process unit with an identical or functionally 
equivalent component(s), and maintenance and repair activities that are 
part of the replacement activity, provided that all of the requirements 
in paragraphs (cc)(1) through (3) of this section are met.
    (1) Capital cost threshold for equipment replacement. (i) For an 
electric utility steam generating unit, as defined in Sec. 
52.21(b)(31), the fixed capital cost of the replacement component(s) 
plus the cost of any associated maintenance and repair activities that 
are part of the replacement shall not exceed 20 percent of the 
replacement value of the process unit, at the time the equipment is 
replaced. For a process unit that is not an electric utility steam 
generating unit the fixed capital cost of the replacement component(s) 
plus the cost

[[Page 51]]

of any associated maintenance and repair activities that are part of the 
replacement shall not exceed 20 percent of the replacement value of the 
process unit, at the time the equipment is replaced.
    (ii) In determining the replacement value of the process unit; and, 
except as otherwise allowed under paragraph (cc)(1)(iii) of this 
section, the owner or operator shall determine the replacement value of 
the process unit on an estimate of the fixed capital cost of 
constructing a new process unit, or on the current appraised value of 
the process unit.
    (iii) As an alternative to paragraph (cc)(1)(ii) of this section for 
determining the replacement value of a process unit, an owner or 
operator may choose to use insurance value (where the insurance value 
covers only complete replacement), investment value adjusted for 
inflation, or another accounting procedure if such procedure is based on 
Generally Accepted Accounting Principles, provided that the owner or 
operator sends a notice to the reviewing authority. The first time that 
an owner or operator submits such a notice for a particular process 
unit, the notice may be submitted at any time, but any subsequent notice 
for that process unit may be submitted only at the beginning of the 
process unit's fiscal year. Unless the owner or operator submits a 
notice to the reviewing authority, then paragraph (cc)(1)(ii) of this 
section will be used to establish the replacement value of the process 
unit. Once the owner or operator submits a notice to use an alternative 
accounting procedure, the owner or operator must continue to use that 
procedure for the entire fiscal year for that process unit. In 
subsequent fiscal years, the owner or operator must continue to use this 
selected procedure unless and until the owner or operator sends another 
notice to the reviewing authority selecting another procedure consistent 
with this paragraph or paragraph (cc)(1)(ii) of this section at the 
beginning of such fiscal year.
    (2) Basic design parameters. The replacement does not change the 
basic design parameter(s) of the process unit to which the activity 
pertains.
    (i) Except as provided in paragraph (cc)(2)(iii) of this section, 
for a process unit at a steam electric generating facility, the owner or 
operator may select as its basic design parameters either maximum hourly 
heat input and maximum hourly fuel consumption rate or maximum hourly 
electric output rate and maximum steam flow rate. When establishing fuel 
consumption specifications in terms of weight or volume, the minimum 
fuel quality based on British Thermal Units content shall be used for 
determining the basic design parameter(s) for a coal-fired electric 
utility steam generating unit.
    (ii) Except as provided in paragraph (cc)(2)(iii) of this section, 
the basic design parameter(s) for any process unit that is not at a 
steam electric generating facility are maximum rate of fuel or heat 
input, maximum rate of material input, or maximum rate of product 
output. Combustion process units will typically use maximum rate of fuel 
input. For sources having multiple end products and raw materials, the 
owner or operator should consider the primary product or primary raw 
material when selecting a basic design parameter.
    (iii) If the owner or operator believes the basic design 
parameter(s) in paragraphs (cc)(2)(i) and (ii) of this section is not 
appropriate for a specific industry or type of process unit, the owner 
or operator may propose to the reviewing authority an alternative basic 
design parameter(s) for the source's process unit(s). If the reviewing 
authority approves of the use of an alternative basic design 
parameter(s), the reviewing authority shall issue a permit that is 
legally enforceable that records such basic design parameter(s) and 
requires the owner or operator to comply with such parameter(s).
    (iv) The owner or operator shall use credible information, such as 
results of historic maximum capability tests, design information from 
the manufacturer, or engineering calculations, in establishing the 
magnitude of the basic design parameter(s) specified in paragraphs 
(cc)(2)(i) and (ii) of this section.
    (v) If design information is not available for a process unit, then 
the owner or operator shall determine the process

[[Page 52]]

unit's basic design parameter(s) using the maximum value achieved by the 
process unit in the five-year period immediately preceding the planned 
activity.
    (vi) Efficiency of a process unit is not a basic design parameter.
    (3) The replacement activity shall not cause the process unit to 
exceed any emission limitation, or operational limitation that has the 
effect of constraining emissions, that applies to the process unit and 
that is legally enforceable.

    Note to paragraph (cc): By a court order on December 24, 2003, this 
paragraph (cc) is stayed indefinitely. The stayed provisions will become 
effective immediately if the court terminates the stay. At that time, 
EPA will publish a document in the Federal Register advising the public 
of the termination of the stay.

[43 FR 26403, June 19, 1978]

    Editorial Note: For Federal Register citations affecting Sec. 
52.21, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Note: At 76 FR 17556, Mar. 30, 2011, Sec. 
52.21(b)(2)(v) and (b)(3)(iii)(c) were stayed indefinitely.



Sec. 52.22  Enforceable commitments for further actions addressing the 

pollutant greenhouse gases (GHGs).

    (a) Definitions. (1) Greenhouse Gases (GHGs) means the air pollutant 
as defined in Sec. 86.1818-12(a) of this chapter as the aggregate group 
of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, 
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
    (2) All other terms used in this section shall have the meaning 
given in Sec. 52.21.
    (b) Further action to regulate GHGs under the PSD program.
    (1) Near term action on GHGs. The Administrator shall solicit 
comment, under section 307(b) of the Act, on promulgating lower GHGs 
thresholds for PSD applicability. Such action shall be finalized by July 
1, 2012 and become effective July 1, 2013.
    (2) Further study and action on GHGs.
    (i) No later than April 30, 2015 the Administrator shall complete a 
study projecting the administrative burdens that remain with respect to 
stationary sources for which GHGs do not constitute a regulated NSR 
pollutant. Such study shall account, among other things, for permitting 
authorities ability to secure resources, hire and train staff; 
experiences associated with GHG permitting for new types of sources and 
technologies; and, the success of streamlining measures developed by EPA 
(and adopted by the states) for reducing the permitting burden 
associated with such stationary sources.
    (ii) Based on the results of the study described in paragraph 
(b)(2)(i) of this section, the Administrator shall propose a rule 
addressing the permitting obligations of such stationary sources under 
Sec. 52.21 and Sec. 51.166 of this chapter. The Administrator shall 
take final action on such a rule no later than April 30, 2016.
    (iii) Before completing the rule described in paragraph (b)(2)(ii) 
of this section, the Administrator shall take no action to make the 
pollutant GHGs subject to regulation at stationary sources that emit or 
have the potential to emit less than 50,000 tpy CO2e, or for 
physical changes or changes in the method of operations at stationary 
sources that result in an emissions increase of less than 50,000 tpy 
CO2e (as determined using the methodology described in Sec. 
52.21(b)(49)(ii).)

[75 FR 31607, June 3, 2010]



Sec. 52.23  Violation and enforcement.

    Failure to comply with any provisions of this part, or with any 
approved regulatory provision of a State implementation plan, or with 
any permit condition or permit denial issued pursuant to approved or 
promulgated regulations for the review of new or modified stationary or 
indirect sources, or with any permit limitation or condition contained 
within an operating permit issued under an EPA-approved program that is 
incorporated into the State implementation plan, shall render the person 
or governmental entity so failing to comply in violation of a 
requirement of an applicable implementation plan and subject to 
enforcement action under section 113 of the Clean Air Act. With regard 
to compliance schedules, a person or Governmental entity will be 
considered to

[[Page 53]]

have failed to comply with the requirements of this part if it fails to 
timely submit any required compliance schedule, if the compliance 
schedule when submitted does not contain each of the elements it is 
required to contain, or if the person or Governmental entity fails to 
comply with such schedule.

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



Sec. 52.24  Statutory restriction on new sources.

    (a) Any area designated nonattainment pursuant to section 107(d) of 
the Act to which, immediately prior to the enactment of the Amendments 
to the Act of 1990 (November 15, 1990), a prohibition of construction or 
modification of major stationary sources was applied, shall retain that 
prohibition if such prohibition was applied by virtue of a finding of 
the Administrator that the State containing such an area:
    (1) Failed to submit an implementation plan meeting the requirements 
of an approvable new source review permitting program; or
    (2) Failed to submit an implementation plan that provided for timely 
attainment of the national ambient air quality standard for sulfur 
dioxide by December 31, 1982. This prohibition shall apply until the 
Administrator approves a plan for such area as meeting the applicable 
requirements of part D of title I of the Act as amended (NSR permitting 
requirements) or subpart 5 of part D of title I of the Act as amended 
(relating to attainment of the national ambient air quality standards 
for sulfur dioxide), as applicable.
    (b) Permits to construct and operate as required by permit programs 
under section 172(c)(5) of the Act may not be issued for new or modified 
major stationary sources proposing to locate in nonattainment areas or 
areas in a transport region where the Administrator has determined that 
the applicable implementation plan is not being adequately implemented 
for the nonattainment area or transport region in which the proposed 
source is to be constructed or modified in accordance with the 
requirements of part D of title I of the Act.
    (c) Whenever, on the basis of any information, the Administrator 
finds that a State is not in compliance with any requirement or 
prohibition of the Act relating to the construction of new sources or 
the modification of existing sources, the Administrator may issue an 
order under section 113(a)(5) of the Act prohibiting the construction or 
modification of any major stationary source in any area to which such 
requirement applies.
    (d) The restrictions in paragraphs (a) and (b) of this section apply 
only to major stationary sources of emissions that cause or contribute 
to concentrations of the pollutant (or precursors, as applicable) for 
which the transport region or nonattainment area was designated such, 
and for which the applicable implementation plan is not being carried 
out in accordance with, or does not meet, the requirements of part D of 
title I of the Act.
    (e) For any transport region or any area designated as nonattainment 
for any national ambient air quality standard, the restrictions in 
paragraphs (a) and (b) of this section shall apply to any major 
stationary source or major modification that would be major for the 
pollutant (or precursors, where applicable) for which the area is 
designated nonattainment or a transport region, if the stationary source 
or major modification would be constructed anywhere in the designated 
nonattainment area or transport region.
    (f) The provisions in Sec. 51.165 of this chapter shall apply in 
interpreting the terms under this section.
    (g) At such time that a particular source or modification becomes a 
major stationary source or major modification solely by virtue of a 
relaxation in any enforceable limitation which was established after 
August 7, 1980, on the capacity of the source or modification otherwise 
to emit a pollutant, such as a restriction on hours of operation, then:
    (1) If the construction moratorium imposed pursuant to this section 
is still in effect for the nonattainment area or transport region in 
which the source or modification is located, then the permit may not be 
so revised; or
    (2) If the construction moratorium is no longer in effect in that 
area, then the requirements of Sec. 51.165 of this

[[Page 54]]

chapter shall apply to the source or modification as though construction 
had not yet commenced on the source or modification.
    (h) This section does not apply to major stationary sources or major 
modifications locating in a clearly defined part of a nonattainment area 
or transport region (such as a political subdivision of a State), where 
EPA finds that a plan which meets the requirements of part D of title I 
of the Act is in effect and is being implemented in that part.
    (i)-(j) [Reserved]
    (k) For an area designated as nonattainment after July 1, 1979, the 
Emission Offset Interpretative Ruling, 40 CFR part 51, appendix S shall 
govern permits to construct and operate applied for during the period 
between the date of designation as nonattainment and the date the NSR 
permit program meeting the requirements of part D is approved. The 
Emission Offset Interpretative Ruling, 40 CFR part 51, appendix S, shall 
also govern permits to construct and operate applied for in any area 
designated under section 107(d) of the CAA as attainment or 
unclassifiable for ozone that is located in an ozone transport region 
prior to the date the NSR permitting program meeting the requirements of 
part D is approved.

[70 FR 71704, Nov. 29, 2005]

    Editorial Note: For Federal Register citations affecting Sec. 
52.24, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.26  Visibility monitoring strategy.

    (a) Plan Disapprovals. The provisions of this section are applicable 
to any State implementation plan which has been disapproved with respect 
to visibility monitoring. Specific disapprovals are listed where 
applicable in Subparts B through DD of this part. The provisions of this 
section have been incorporated by reference into the applicable 
implementation plan for various States, as provided in Subparts B 
through DDD of this part.
    (b) Definitions. For the purposes of this section:
    (1) Visibility protection area means any area listed in 40 CFR 
81.401-81.436 (1984).
    (2) All other terms shall have the meaning ascribed to them in the 
Clean Air Act, or in the protection of visibility program (40 CFR 
51.301), all as in effect on July 12, 1985.
    (c) Monitoring Requirements. (1) The Administrator, in cooperation 
with the appropriate Federal land manager, shall monitor visibility 
within each visibility protection area in any State whose State 
implementation plan is subject to a disapproval for failure to satisfy 
40 CFR 51.305 (1984).
    (2) The Administrator, in monitoring visibility within each such 
area, shall determine both background visibility conditions and 
reasonably attributable visibility impairment caused by a source or 
small group of sources for that area. The extent and the form of 
monitoring shall be sufficient for use in determining the potential 
effects of a new stationary source on visibility in the area, the 
stationary source or sources that are causing any visibility impairment, 
and progress toward remedying that impairment.
    (3) The Administrator shall use the following as appropriate to 
monitor visibility within each such area: (i) photographic cameras, (ii) 
fine particulate matter samplers, (iii) teleradiometers, (iv) 
nephelometers, (v) human observation, or (vi) other appropriate 
technology.
    (4) The Administrator, in cooperation with the Federal land 
managers, shall prepare monitoring plans that describe, to the maximum 
extent practicable, the methods and instruments of data collection, the 
monitoring locations and frequencies, the implementation schedule, the 
quality assurance procedures, and the methods of data reporting that the 
Administrator will use for each area. The Administrator shall make these 
plans available to the public.
    (5) The Administrator shall establish a central repository of 
monitoring data that includes any data on background visibility 
conditions and reasonably attributable impairment that the Administrator 
collects under this section and that the Federal land manager may 
collect or may have collected independently. These data shall be 
available to any person, subject to reasonable charges for copying.

[[Page 55]]

    (d) Monitoring Plan Revision. (1) The Administrator shall review the 
monitoring plan annually for each visibility protection area, revise it 
as necessary, and include an assessment of changes to visibility 
conditions since the last review. The Administrator shall make all plan 
revisions available to the public.
    (2) Any person may make a request to the Administrator, at any time, 
for a revision to a monitoring plan. The Administrator shall respond to 
any such request within one year.
    (e) Delegation. The Administrator may delegate, with respect to a 
particular visibility protection area, any of his functions under this 
section to any State or local air pollution control agency of any State 
whose boundaries encompass that area or to any Federal land manager with 
jurisdiction over the area.

[50 FR 28550, July 12, 1985]



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

    (a) Plan disapproval. The provisions of this section are applicable 
to any State implementation plan which has been disapproved with respect 
to protection of visibility, in mandatory Class I Federal areas, from 
sources emitting pollutants in any portion of any State where the 
existing air quality is better than the national ambient air quality 
standards for such pollutants, and where a State PSD program has been 
approved as part of the applicable SIP pursuant to 40 CFR 51.24. 
Specific disapprovals are listed where applicable in Subparts B through 
DDD of this part. The provisions of this section have been incorporated 
by reference into the applicable implementation plans for various 
States, as provided in Subparts B through DDD of this part.
    (b) Definitions. For purposes of this section, all terms shall have 
the meaning ascribed to them in the Clean Air Act, in the prevention of 
significant deterioration (PSD) program approved as part of the 
applicable SIP pursuant to 40 CFR 51.24 for the State, or in the 
protection of visibility program (40 CFR 51.301), all as in effect on 
July 12, 1985.
    (c) Federal visibility analysis. Any person shall have the right, in 
connection with any application for a permit to construct a major 
stationary source or major modification, to request that the 
administrator take responsibility from the State for conducting the 
required review of a proposed source's impact on visibility in any 
Federal Class I area. If requested, the Administrator shall take such 
responsibility and conduct such review pursuant to paragraphs (e), (f) 
and (g) of this section in any case where the State fails to provide all 
of the procedural steps listed in paragraph (d) of this section. A 
request pursuant to this paragraph must be made within 60 days of the 
notice soliciting public comment on a permit, unless such notice is not 
properly given. The Administrator will not entertain requests 
challenging the substance of any State action concerning visibility 
where the State has provided all of the procedural steps listed in 
paragraph (d) of this section.
    (d) Procedural steps in visibility review. (1) The reviewing 
authority must provide written notification to all affected Federal land 
managers of any permit application for any proposed new major stationary 
source or major modification that may affect visibility in any Federal 
Class I area. Such notification shall include a copy of all information 
relevant to the permit application and shall be given within 30 days of 
receipt and at least 60 days prior to any public hearing on the 
application for a permit to construct. Such notification shall include 
the proposed source's anticipated impacts on visibility in any Federal 
Class I area as provided by the applicant. Notification must also be 
given to all affected Federal land managers within 30 days of receipt of 
any advance notification of any such permit application.
    (2) The reviewing authority must consider any analysis performed by 
the Federal land managers, provided within 30 days of the notification 
required by paragraph (d)(1) of this section, that shows that such 
proposed new major stationary source or major modification may have:
    (i) An adverse impact on visibility in any Federal Class I area, or
    (ii) An adverse impact on visibility in an integral vista codified 
in part 81 of this title.

[[Page 56]]

    (3) Where the reviewing authority finds that such an analysis does 
not demonstrate that the effect in paragraphs (d)(2) (i) or (ii) of this 
section will occur, either an explanation of its decision or 
notification as to where the explanation can be obtained must be 
included in the notice of public hearing.
    (4) Where the reviewing authority finds that such an analysis does 
demonstrate that the effect in paragraph (d)(2)(i) of this section will 
occur, the permit shall not be issued.
    (5) Where the reviewing authority finds that such an analysis does 
demonstrate that the effect in paragraph (d)(2)(ii) of this section will 
occur, the reviewing authority may issue a permit if the emissions from 
the source or modification will be consistent with reasonable progress 
toward the national goal. In making this decision, the reviewing 
authority may take into account the costs of compliance, the time 
necessary for compliance, the energy and nonair quality environmental 
impacts of compliance, and the useful life of the source.
    (e) Federal land manager notification. The Administrator shall 
provide all of the procedural steps listed in paragraph (d) of this 
section in conducting reviews pursuant to this section.
    (f) Monitoring. The Administrator may require monitoring of 
visibility in any Federal Class I area near the proposed new stationary 
source or major modification for such purposes and by such means as the 
Administrator deems necessary and appropriate.
    (g) Public participation. The Administrator shall follow the 
applicable procedures at 40 CFR part 124 in conducting reviews under 
this section. The Administrator shall follow the procedures at 40 CFR 
52.21(q) as in effect on August 7, 1980, to the extent that the 
procedures of 40 CFR part 124 do not apply.
    (h) Federal permit. In any case where the Administrator has made a 
finding that a State consistently fails or is unable to provide the 
procedural steps listed in paragraph (d) of this section, the 
Administrator shall require all prospective permit applicants in such 
State to apply directly to the Administrator, and the Administrator 
shall conduct a visibility review pursuant to this section for all 
permit applications.

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



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

    (a) Plan disapproval. The provisions of this section are applicable 
to any State implementation plan which has been disapproved with respect 
to protection of visibility, in mandatory Class I Federal areas where 
visibility is considered an important value, from sources emitting 
pollutants in any portion of any State where the existing air quality is 
not in compliance with the national ambient air quality standards for 
such pollutants. Specific disapprovals are listed where applicable in 
Subparts B through DDD of this part. The provisions of this section have 
been incorporated into the applicable implementation plans for various 
States, as provided in Subparts B through DDD of this part.
    (b) Definitions. For the purposes of this section:
    (1) Visibility protection area means any area listed in 40 CFR 
81.401-81.436 (1984).
    (2) All other terms shall have the meaning ascribed to them in the 
protection of visibility program (40 CFR 51.301) or the prevention of 
significant deterioration (PSD) program either approved as part of the 
applicable SIP pursuant to 40 CFR 51.24 or in effect for the applicable 
SIP pursuant to 40 CFR 52.21, all as in effect on July 12, 1985.
    (c) Review of major stationary sources and major modifications--
source applicability and exemptions. (1) No stationary source or 
modification to which the requirements of this section apply shall begin 
actual construction without a permit which states that the stationary 
source or modification would meet those requirements. The Administrator 
has sole authority to issue any such permit unless the authority has 
been delegated pursuant to paragraph (i) of this section.
    (2) The requirements of this section shall apply to construction of 
any new major stationary source or major modification that would both be 
constructed in an area classified as nonattainment under section 
107(d)(1)(A),

[[Page 57]]

(B) or (C) of the Clean Air Act and potentially have an impact on 
visibility in any visibility protection area.
    (3) The requirements of this section shall apply to any such major 
stationary source and any such major modification with respect to each 
pollutant subject to regulation under the Clean Air Act that it would 
emit, except as this section otherwise provides.
    (4) The requirements of this section shall not apply to a particular 
major stationary source or major modification, if:
    (i) The source or modification would be a nonprofit health or 
nonprofit educational institution, or a major modification would occur 
at such an institution, and the governor of the State in which the 
source or modification would be located requests that it be exempt from 
those requirements; or
    (ii) The source or modification would be a major stationary source 
or major modification only if fugitive emissions, to the extent 
quantifiable, are considered in calculating the potential to emit of the 
stationary source or modification and the source does not belong to any 
of the following categories:
    (A) Coal cleaning plants (with thermal dryers);
    (B) Kraft pulp mills;
    (C) Portland cement plants;
    (D) Primary zinc smelters;
    (E) Iron and steel mills;
    (F) Primary aluminum ore reduction plants;
    (G) Primary copper smelters;
    (H) Municipal incinerators capable of charging more than 250 tons of 
refuse per day;
    (I) Hydrofluoric, sulfuric, or nitric acid plants;
    (J) Petroleum refineries;
    (K) Lime plants;
    (L) Phosphate rock processing plants;
    (M) Coke oven batteries;
    (N) Sulfur recovery plants;
    (O) Carbon black plants (furnace process);
    (P) Primary lead smelters;
    (Q) Fuel conversion plants;
    (R) Sintering plants;
    (S) Secondary metal production plants;
    (T) Chemical process plants;
    (U) Fossil-fuel boiler (or combination thereof) totaling more than 
250 million British thermal units per hour heat input;
    (V) Petroleum storage and transfer units with a total storage 
capacity exceeding 300,000 barrels;
    (W) Taconite ore processing plants;
    (X) Glass fiber processing plants;
    (Y) Charcoal production plants;
    (Z) Fossil fuel-fired steam electric plants of more than 250 million 
British thermal units per hour heat input;
    (AA) Any other stationary source category which, as of August 7, 
1980, is being regulated under section 111 or 112 of the Act; or
    (iii) The source is a portable stationary source which has 
previously received a permit under this section, and
    (A) The owner or operator proposes to relocate the source and 
emissions of the source at the new location would be temporary; and
    (B) The emissions from the source would not exceed its allowable 
emissions; and
    (C) The emissions from the source would impact no Class I area and 
no area where an applicable increment is known to be violated; and
    (D) Reasonable notice is given to the Administrator, prior to the 
relocation, identifying the proposed new location and the probable 
duration of operation at the new location. Such notice shall be given to 
the Administrator not less than 10 days in advance of the proposed 
relocation, unless a different time duration is previously approved by 
the Administrator.
    (5) The requirements of this section shall not apply to a major 
stationary source or major modification with respect to a particular 
pollutant if the owner or operator demonstrates that, as to that 
pollutant, the source or modification is located in an area designated 
as attainment under section 107 of the Clean Air Act.
    (6) The requirements of this section shall not apply to a major 
stationary source or major modification with respect to a particular 
pollutant, if the allowable emissions of that pollutant from the source, 
or the net emissions increase of that pollutant from the modification:
    (i) Would impact no Class I area and no area where an applicable 
increment is known to be violated, and

[[Page 58]]

    (ii) Would be temporary.
    (d) Visibility Impact Analyses. The owner or operator of a source 
shall provide an analysis of the impairment to visibility that would 
occur as a result of the source or modification and general commercial, 
residential, industrial and other growth associated with the source or 
modification.
    (e) Federal land manager notification. (1) The Federal land manager 
and the Federal official charged with direct responsibility for 
management of Federal Class I areas have an affirmative responsibility 
to protect the air quality related values (including visibility) of such 
lands and to consider, in consultation with the Administrator, whether a 
proposed source or modification will have an adverse impact on such 
values.
    (2) The Administrator shall provide written notification to all 
affected Federal land managers of any permit application for any 
proposed new major stationary source or major modification that may 
affect visibility in any visibility protection area. The Administrator 
shall also provide for such notification to the Federal official charged 
with direct responsibility for management of any lands within any such 
area. Such notification shall include a copy of all information relevant 
to the permit application and shall be given within 30 days of receipt 
and at least 60 days prior to any public hearing on the application for 
a permit to construct. Such notification shall include an analysis of 
the proposed source's anticipated impacts on visibility in any 
visibility protection area. The Administrator shall also notify all 
affected FLM's within 30 days of receipt of any advance notification of 
any such permit application.
    (3) The Administrator shall consider any analysis performed by the 
Federal land manager, provided within 30 days of the notification 
required by paragraph (e)(2) of this section, that such proposed new 
major stationary source or major modification may have an adverse impact 
on visibility in any visibility protection area. Where the Administrator 
finds that such an analysis does not demonstrate to the satisfaction of 
the Administrator that an adverse impact on visibility will result in 
the visibility protection area, the Administrator must, in the notice of 
public hearing, either explain his decision or give notice as to where 
the explanation can be obtained.
    (f) Public participation. The Administrator shall follow the 
applicable procedures of 40 CFR part 124 in processing applications 
under this section. The Administrator shall follow the procedures at 40 
CFR 52.21(q) as in effect on August 7, 1980, to the extent that the 
procedures of 40 CFR part 124 do not apply.
    (g) National visibility goal. The Administrator shall only issue 
permits to those sources whose emissions will be consistent with making 
reasonable progress toward the national goal of preventing any future, 
and remedying any existing, impairment of visibility in visibility 
protection areas which impairment results from man-made air pollution. 
In making the decision to issue a permit, the Administrator may take 
into account the costs of compliance, the time necessary for compliance, 
the energy and nonair quality environmental impacts of compliance, and 
the useful life of the source.
    (h) Monitoring. The Administrator may require monitoring of 
visibility in any visibility protection area near the proposed new 
stationary source or major modification for such purposes and by such 
means as the Administrator deems necessary and appropriate.
    (i) Delegation of authority. (1) The Administrator shall have the 
authority to delegate the responsibility for conducting source review 
pursuant to this section to any agency in accordance with paragraphs 
(i)(2) and (3) of this section.
    (2) Where the Administrator delegates the responsibility for 
conducting source review under this section to any agency other than a 
Regional Office of the Environmental Protection Agency, the following 
provisions shall apply:
    (i) Where the delegate agency is not an air pollution control agency 
it shall consult with the appropriate State and local air pollution 
control agency prior to making any determination under this section. 
Similarly, where the delegate agency does not have continuing 
responsibility for managing land use, it shall consult with the 
appropriate

[[Page 59]]

State and local agency primarily responsible for managing land use prior 
to making any determination under this section.
    (ii) The delegate agency shall submit a copy of any public comment 
notice required under paragraph (f) of this section to the Administrator 
through the appropriate Regional Office.
    (3) The Administrator's authority for reviewing a source or 
modification located on an Indian Reservation shall not be redelegated 
other than to a Regional Office of the Environmental Protection Agency, 
except where the State has assumed jurisdiction over such land under 
other laws. Where the State has assumed such jurisdiction, the 
Administrator may delegate his authority to the States in accordance 
with paragraph (i)(2) of this section.

[50 FR 28551, July 12, 1985]



Sec. 52.29  Visibility long-term strategies.

    (a) Plan disapprovals. The provisions of this section are applicable 
to any State implementation plan which has been disapproved for not 
meeting the requirements of 40 CFR 51.306 regarding the development, 
periodic review, and revision of visibility long-term strategies. 
Specific disapprovals are listed where applicable in Subparts B through 
DDD of this part. The provisions of this section have been incorporated 
into the applicable implementation plan for various States, as provided 
in Subparts B through DDD of this part.
    (b) Definitions. For the purposes of this section, all terms shall 
have the meaning as ascribed to them in the Clean Air Act, or in the 
protection of visibility program (40 CFR 51.301).
    (c) Long-term strategy. (1) A long-term strategy is a 10- to 15-year 
plan for making reasonable progress toward the national goal specified 
in Sec. 51.300(a). This strategy will cover any existing impairment 
certified by the Federal land manager and any integral vista which has 
been identified according to Sec. 51.304.
    (2) The Administrator shall review, and revise if appropriate, the 
long-term strategies developed for each visibility protection area. The 
review and revisions will be completed no less frequently than every 3 
years from November 24, 1987.
    (3) During the long-term strategy review process, the Administrator 
shall consult with the Federal land managers responsible for the 
appropriate mandatory Class I Federal areas, and will coordinate long-
term strategy development for an area with existing plans and goals, 
including those provided by the Federal land managers.
    (4) The Administrator shall prepare a report on any progress made 
toward the national visibility goal since the last long-term strategy 
revisions. A report will be made available to the public not less 
frequently than 3 years from November 24, 1987. This report must include 
an assessment of:
    (i) The progress achieved in remedying existing impairment of 
visibility in any mandatory Class I Federal area;
    (ii) The ability of the long-term strategy to prevent future 
impairment of visibility in any mandatory Class I Federal area;
    (iii) Any change in visibility since the last such report, or in the 
case of the first report, since plan approval;
    (iv) Additional measures, including the need for SIP revisions, that 
may be necessary to assure reasonable progress toward the national 
visibility goal;
    (v) The progress achieved in implementing best available retrofit 
technology (BART) and meeting other schedules set forth in the long-term 
strategy;
    (vi) The impact of any exemption granted under Sec. 51.303;
    (vii) The need for BART to remedy existing visibility impairment of 
any integral vista identified pursuant to Sec. 51.304.
    (d) Delegation of authority. The Administrator may delegate with 
respect to a particular visibility protection area any of his functions 
under this section, except the making of regulations, to any State or 
local air pollution control agency of any State whose boundaries 
encompass that area.

[52 FR 45137, Nov. 24, 1987]



Sec. 52.30  Criteria for limiting application of sanctions under section 

110(m) of the Clean Air Act on a statewide basis.

    (a) Definitions. For the purpose of this section:

[[Page 60]]

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

[59 FR 1484, Jan. 11, 1994]



Sec. 52.31  Selection of sequence of mandatory sanctions for findings made 

pursuant to section 179 of the Clean Air Act.

    (a) Purpose. The purpose of this section is to implement 42 U.S.C. 
7509(a) of the Act, with respect to the sequence in which sanctions will 
automatically apply under 42 U.S.C. 7509(b), following a finding made by 
the Administrator pursuant to 42 U.S.C. 7509(a).
    (b) Definitions. All terms used in this section, but not 
specifically defined herein, shall have the meaning given them in Sec. 
52.01.
    (1) 1990 Amendments means the 1990 Amendments to the Clean Air Act 
(Pub. L. No. 101-549, 104 Stat. 2399).
    (2) Act means Clean Air Act, as amended in 1990 (42 U.S.C. 7401 et 
seq. (1991)).
    (3) Affected area means the geographic area subject to or covered by 
the Act requirement that is the subject of the finding and either, for 
purposes of the offset sanction under paragraph (e)(1) of this section 
and the highway sanction under paragraph (e)(2) of this section, is or 
is within an area designated nonattainment under 42 U.S.C. 7407(d) or, 
for purposes of the offset sanction under paragraph (e)(1) of this

[[Page 61]]

section, is or is within an area otherwise subject to the emission 
offset requirements of 42 U.S.C. 7503.
    (4) Criteria pollutant means a pollutant for which the Administrator 
has promulgated a national ambient air quality standard pursuant to 42 
U.S.C. 7409 (i.e., ozone, lead, sulfur dioxide, particulate matter, 
carbon monoxide, nitrogen dioxide).
    (5) Findings or Finding refer(s) to one or more of the findings, 
disapprovals, and determinations described in subsection 52.31 (c).
    (6) NAAQS means national ambient air quality standard the 
Administrator has promulgated pursuant to 42 U.S.C. 7409.
    (7) Ozone precursors mean nitrogen oxides (NOX) and 
volatile organic compounds (VOC).
    (8) Part D means part D of title I of the Act.
    (9) Part D SIP or SIP revision or plan means a State implementation 
plan or plan revision that States are required to submit or revise 
pursuant to part D.
    (10) Precursor means pollutant which is transformed in the 
atmosphere (later in time and space from point of emission) to form (or 
contribute to the formation of) a criteria pollutant.
    (c) Applicability. This section shall apply to any State in which an 
affected area is located and for which the Administrator has made one of 
the following findings, with respect to any part D SIP or SIP revision 
required under the Act:
    (1) A finding that a State has failed, for an area designated 
nonattainment under 42 U.S.C. 7407(d), to submit a plan, or to submit 
one or more of the elements (as determined by the Administrator) 
required by the provisions of the Act applicable to such an area, or has 
failed to make a submission for such an area that satisfies the minimum 
criteria established in relation to any such element under 42 U.S.C. 
7410(k);
    (2) A disapproval of a submission under 42 U.S.C. 7410(k), for an 
area designated nonattainment under 42 U.S.C. 7407(d), based on the 
submission's failure to meet one or more of the elements required by the 
provisions of the Act applicable to such an area;
    (3)(i) A determination that a State has failed to make any 
submission required under the Act, other than one described under 
paragraph (c)(1) or (c)(2) of this section, including an adequate 
maintenance plan, or has failed to make any submission, required under 
the Act, other than one described under paragraph (c)(1) or (c)(2) of 
this section, that satisfies the minimum criteria established in 
relation to such submission under 42 U.S.C. 7410(k)(1)(A); or
    (ii) A disapproval in whole or in part of a submission described 
under paragraph (c)(3)(i) of this section; or
    (4) A finding that any requirement of an approved plan (or approved 
part of a plan) is not being implemented.
    (d) Sanction application sequencing. (1) To implement 42 U.S.C. 
7509(a), the offset sanction under paragraph (e)(1) of this section 
shall apply in an affected area 18 months from the date when the 
Administrator makes a finding under paragraph (c) of this section unless 
the Administrator affirmatively determines that the deficiency forming 
the basis of the finding has been corrected. To further implement 42 
U.S.C. 7509(a), the highway sanction under paragraph (e)(2) of this 
section shall apply in an affected area 6 months from the date the 
offset sanction under paragraph (e)(1) of this section applies, unless 
the Administrator affirmatively determines that the deficiency forming 
the basis of the finding has been corrected. For the findings under 
paragraphs (c)(2), (c)(3)(ii), and (c)(4) of this section, the date of 
the finding shall be the effective date as defined in the final action 
triggering the sanctions clock.
    (2)(i) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following the findings under paragraphs 
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a 
revised plan to correct the deficiency prompting the finding and the 
Administrator, prior to 18 months from the finding, has proposed to 
fully or conditionally approve the revised plan and has issued an 
interim final determination that the revised plan corrects the 
deficiency prompting the

[[Page 62]]

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

[[Page 63]]

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

[[Page 64]]

or finally determines that the State has not corrected the deficiency, 
the offset sanction under paragraph (e)(1) of this section shall apply 
in the affected area on the later of the date the Administrator proposes 
to take action or takes final action to find that the finding of 
nonimplementation has not been corrected, or 18 months following the 
finding that started the sanctions clock. The highway sanction under 
paragraph (e)(2) of this section shall apply in the affected area 6 
months after the date the offset sanction under paragraph (e)(1) of this 
section first applies, unless the Administrator preliminarily or finally 
determines that the deficiency forming the basis of the finding has been 
corrected.
    (ii) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4) 
of this section, if after 18 months but before 24 months from the 
finding the Administrator has proposed to find that the State is 
implementing the approved plan and has issued an interim final 
determination that the deficiency prompting the finding has been 
corrected, application of the offset sanction under paragraph (e)(1) of 
this section shall be stayed and application of the highway sanction 
under paragraph (e)(2) of this section shall be deferred unless and 
until the Administrator preliminarily or finally determines, through a 
proposed or final finding, that the State is not implementing the 
approved plan and that, therefore, the State has not corrected the 
deficiency. If the Administrator so preliminarily or finally determines 
that the State has not corrected the deficiency, the offset sanction 
under paragraph (e)(1) of this section shall reapply in the affected 
area on the date the Administrator proposes to take action or takes 
final action to find that the finding of nonimplementation has not been 
corrected. The highway sanction under paragraph (e)(2) of this section 
shall apply in the affected area on the later of 6 months from the date 
the offset sanction under paragraph (e)(1) of this section first applied 
in the affected area, unless the Administrator preliminarily or finally 
determines that the deficiency forming the basis of the finding has been 
corrected, or immediately if EPA's proposed or final action finding the 
deficiency has not been corrected occurs more than 6 months after 
initial application of the offset sanction under paragraph (e)(1) of 
this section.
    (iii) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4) 
of this section, if after 24 months from the finding the Administrator 
has proposed to find that the State is implementing the approved plan 
and has issued an interim final determination that the deficiency 
prompting the finding has been corrected, application of the offset 
sanction under paragraph (e)(1) of this section and the highway sanction 
under paragraph (e)(2) of this section shall be stayed unless and until 
the Administrator preliminarily or finally determines, through a 
proposed or final finding, that the State is not implementing the 
approved plan, and that, therefore, the State has not corrected the 
deficiency. If the Administrator so preliminarily or finally determines 
that the State has not corrected the deficiency, the offset sanction 
under paragraph (e)(1) of this section and the highway sanction under 
paragraph (e)(2) of this section shall reapply in the affected area on 
the date the Administrator proposes to take action or takes final action 
to find that the finding of nonimplementation has not been corrected.
    (5) Any sanction clock started by a finding under paragraph (c) of 
this section will be permanently stopped and sanctions applied, stayed 
or deferred will be permanently lifted upon a final EPA finding that the 
deficiency forming the basis of the finding has been corrected. For a 
sanctions clock and applied sanctions based on a finding under 
paragraphs (c)(1) and (c)(3)(i) of this section, a finding that the 
deficiency has been corrected will occur by letter from the 
Administrator to the State governor. For a sanctions clock or applied, 
stayed or deferred sanctions based on a finding under paragraphs (c)(2) 
and (c)(3)(ii) of this section, a finding that the deficiency has been

[[Page 65]]

corrected will occur through a final notice in the Federal Register 
fully approving the revised SIP. For a sanctions clock or applied, 
stayed or deferred sanctions based on a finding under paragraph (c)(4) 
of this section, a finding that the deficiency has been corrected will 
occur through a final notice in the Federal Register finding that the 
State is implementing the approved SIP.
    (6) Notwithstanding paragraph (d)(1) of this section, nothing in 
this section will prohibit the Administrator from determining through 
notice-and-comment rulemaking that in specific circumstances the highway 
sanction, rather than the offset sanction, shall apply 18 months after 
the Administrator makes one of the findings under paragraph (c) of this 
section, and that the offset sanction, rather than the highway sanction, 
shall apply 6 months from the date the highway sanction applies.
    (e) Available sanctions and method for implementation--(1) Offset 
sanction. (i) As further set forth in paragraphs (e)(1)(ii)-(e)(1)(vi) 
of this section, the State shall apply the emissions offset requirement 
in the timeframe prescribed under paragraph (d) of this section on those 
affected areas subject under paragraph (d) of this section to the offset 
sanction. The State shall apply the emission offset requirements in 
accordance with 42 U.S.C. 7503 and 7509(b)(2), at a ratio of at least 
two units of emission reductions for each unit of increased emissions of 
the pollutant(s) and its (their) precursors for which the finding(s) 
under paragraph (c) of this section is (are) made. If the deficiency 
prompting the finding under paragraph (c) of this section is not 
specific to one or more particular pollutants and their precursors, the 
2-to-1 ratio shall apply to all pollutants (and their precursors) for 
which an affected area within the State listed in paragraph (e)(1)(i) of 
this section is required to meet the offset requirements of 42 U.S.C. 
7503.
    (ii) Notwithstanding paragraph (e)(1)(i) of this section, when a 
finding is made with respect to a requirement for the criteria pollutant 
ozone or when the finding is not pollutant-specific, the State shall not 
apply the emissions offset requirements at a ratio of at least 2-to-1 
for emission reductions to increased emissions for nitrogen oxides 
where, under 42 U.S.C. 7511a(f), the Administrator has approved an 
NOX exemption for the affected area from the Act's new source 
review requirements under 42 U.S.C. 7501-7515 for NOX or 
where the affected area is not otherwise subject to the Act's new source 
review requirements for emission offsets under 42 U.S.C. 7501-7515 for 
NOX.
    (iii) Notwithstanding paragraph (e)(1)(i) of this section, when a 
finding under paragraph (c) of this section is made with respect to PM-
10, or the finding is not pollutant-specific, the State shall not apply 
the emissions offset requirements, at a ratio of at least 2-to-1 for 
emission reductions to increased emissions to PM-10 precursors if the 
Administrator has determined under 42 U.S.C. 7513a(e) that major 
stationary sources of PM-10 precursors do not contribute significantly 
to PM-10 levels which exceed the NAAQS in the affected area.
    (iv) For purposes of applying the emissions offset requirement set 
forth in 42 U.S.C. 7503, at the 2-to-1 ratio required under this 
section, the State shall comply with the provisions of a State-adopted 
new source review (NSR) program that EPA has approved under 42 U.S.C. 
7410(k)(3) as meeting the nonattainment area NSR requirements of 42 
U.S.C. 7501-7515, as amended by the 1990 Amendments, or, if no plan has 
been so approved, the State shall comply directly with the nonattainment 
area NSR requirements specified in 42 U.S.C. 7501-7515, as amended by 
the 1990 Amendments, or cease issuing permits to construct and operate 
major new or modified sources as defined in those requirements. For 
purposes of applying the offset requirement under 42 U.S.C. 7503 where 
EPA has not fully approved a State's NSR program as meeting the 
requirements of part D, the specifications of those provisions shall 
supersede any State requirement that is less stringent or inconsistent.
    (v) For purposes of applying the emissions offset requirement set 
forth in 42 U.S.C. 7503, any permit required pursuant to 42 U.S.C. 7503 
and issued on

[[Page 66]]

or after the date the offset sanction applies under paragraph (d) of 
this section shall be subject to the enhanced 2-to-1 ratio under 
paragraph (e)(1)(i) of this section.
    (2) Highway funding sanction. The highway sanction shall apply, as 
provided in 42 U.S.C. 7509(b)(1), in the timeframe prescribed under 
paragraph (d) of this section on those affected areas subject under 
paragraph (d) of this section to the highway sanction, but shall apply 
only to those portions of affected areas that are designated 
nonattainment under 40 CFR part 81.

[59 FR 39859, Aug. 4, 1994]



Sec. 52.32  Sanctions following findings of SIP inadequacy.

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

[60 FR 4737, Jan. 24, 1995]



Sec. 52.33  Compliance certifications.

    (a) For the purpose of submitting compliance certifications, nothing 
in this part or in a plan promulgated by the Administrator shall 
preclude the use, including the exclusive use, of any credible evidence 
or information, relevant to whether a source would have been in 
compliance with applicable requirements if the appropriate performance 
or compliance test had been performed.
    (b) For all federal implementation plans, paragraph (a) of this 
section is incorporated into the plan.

[62 FR 8328, Feb. 24, 1997]



Sec. 52.34  Action on petitions submitted under section 126 relating to 

emissions of nitrogen oxides.

    (a) Definitions. For purposes of this section, the following 
definitions apply:
    (1) Administrator means the Administrator of the United States 
Environmental Protection Agency or the Administrator's duly authorized 
representative.
    (2) Large Electric Generating Units (large EGUs) means:
    (i) For units that commenced operation before January 1, 1997, a 
unit serving during 1995 or 1996 a generator that had a nameplate 
capacity greater than 25 MWe and produced electricity for sale under a 
firm contract to the electric grid.
    (ii) For units that commenced operation on or after January 1, 1997 
and before January 1, 1999, a unit serving at any time during 1997 or 
1998 a generator that had a nameplate capacity greater than 25 MWe and 
produced electricity for sale under a firm contract to the electric 
grid.
    (iii) For units that commence operation on or after January 1, 1999, 
a unit serving at any time a generator that has a nameplate capacity 
greater than 25 MWe and produces electricity for sale.
    (3) Large Non-Electric Generating Units (large non-EGUs) means:
    (i) For units that commenced operation before January 1, 1997, a 
unit that has a maximum design heat input greater than 250 mmBtu/hr and 
that did not serve during 1995 or 1996 a generator producing electricity 
for sale under a firm contract to the electric grid.
    (ii) For units that commenced operation on or after January 1, 1997 
and before January 1, 1999, a unit that has a maximum design heat input 
greater than 250 mmBtu/hr and that did not serve at any time during 1997 
or 1998 a generator producing electricity for sale under a firm contract 
to the electric grid.
    (iii) For units that commence operation on or after January 1, 1999, 
a unit with a maximum design heat input greater than 250 mmBtu/hr that:
    (A) At no time serves a generator producing electricity for sale; or
    (B) At any time serves a generator producing electricity for sale, 
if any such generator has a nameplate capacity of 25 MWe or less and has 
the potential to use 50 percent or less of the potential electrical 
output capacity of the unit.
    (4) New sources means new and modified sources.

[[Page 67]]

    (5) NOX means oxides of nitrogen.
    (6) OTAG means the Ozone Transport Assessment Group (active 1995-
1997), a national work group that addressed the problem of ground-level 
ozone and the long-range transport of air pollution across the Eastern 
United States. The OTAG was a partnership between EPA, the Environmental 
Council of the States, and various industry and environmental groups.
    (7) Ozone season means the period of time beginning May 1 of a year 
and ending on September 30 of the same year, inclusive.
    (8) Potential electrical output capacity means, with regard to a 
unit, 33 percent of the maximum design heat input of the unit.
    (9) Unit means a fossil-fuel fired stationary boiler, combustion 
turbine, or combined cycle system.
    (b) Purpose and applicability. Paragraphs (c), (e)(1) and (e)(2), 
(g), and (h)(1) and (h)(2) of this section set forth the Administrator's 
findings with respect to the 1-hour national ambient air quality 
standard (NAAQS) for ozone that certain new and existing sources of 
emissions of nitrogen oxides (``NOX'') in certain States emit 
or would emit NOX in violation of the prohibition in section 
110(a)(2)(D)(i) of the Clean Air Act (CAA) on emissions in amounts that 
contribute significantly to nonattainment in certain States that 
submitted petitions in 1997-1998 addressing such NOX 
emissions under section 126 of the CAA. Paragraphs (d), (e)(3) and 
(e)(4), (f), and (h)(3) and (h)(4) of this section set forth the 
Administrator's affirmative technical determinations with respect to the 
8-hour NAAQS for ozone that certain new and existing sources of 
emissions of NOX in certain States emit or would emit 
NOX in violation of the prohibition in section 
110(a)(2)(D)(i) of the CAA on emissions in amounts that contribute 
significantly to nonattainment in, or interfere with maintenance by, 
certain States that submitted petitions in 1997-1998 addressing such 
NOX emissions under section 126 of the CAA. (As used in this 
section, the term new source includes modified sources, as well.) 
Paragraph (i) of this section explains the circumstances under which the 
findings for sources in a specific State would be withdrawn. Paragraph 
(j) of this section sets forth the control requirements that apply to 
the sources of NOX emissions affected by the findings. 
Paragraph (k) of this section indefinitely stays the effectiveness of 
the affirmative technical determinations with respect to the 8-hour 
ozone standard.
    (1) The States that submitted such petitions are Connecticut, Maine, 
Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island, and 
Vermont (each of which, hereinafter in this section, may be referred to 
also as a ``petitioning State'').
    (2) The new and existing sources of NOX emissions covered 
by the petitions that emit or would emit NOX emissions in 
amounts that make such significant contributions are large electric 
generating units (EGUs) and large non-EGUs.
    (c) Section 126(b) findings relating to impacts on ozone levels in 
Connecticut--(1) Section 126(b) findings with respect to the 1-hour 
ozone standard in Connecticut. The Administrator finds that any existing 
or new major source or group of stationary sources emits or would emit 
NOX in violation of the Clean Air Act section 110(a)(2)(d)(i) 
prohibition with respect to the 1-hour ozone standard in the State of 
Connecticut if it is or will be:
    (i) In a category of large EGUs or large non-EGUs;
    (ii) Located in one of the States (or portions thereof) listed in 
paragraph (c)(2) of this section; and
    (iii) Within one of the ``Named Source Categories'' listed in the 
portion of Table F-1 in appendix F of this part describing the sources 
of NOX emissions covered by the petition of the State of 
Connecticut.
    (2) States or portions of States that contain sources for which the 
Administrator is making section 126(b) findings with respect to the 1-
hour ozone standard in Connecticut. The States, or portions of States, 
that contain sources of NOX emissions for which the 
Administrator is making section 126(b) findings under paragraph (c)(1) 
of this section are:
    (i) Delaware.
    (ii) District of Columbia.

[[Page 68]]

    (iii) Portion of Indiana located in OTAG Subregions 2 and 6, as 
shown in appendix F, Figure F-2, of this part.
    (iv) Portion of Kentucky located in OTAG Subregion 6, as shown in 
appendix F, Figure F-2, of this part.
    (v) Maryland.
    (vi) Portion of Michigan located south of 44 degrees latitude in 
OTAG Subregion 2, as shown in appendix F, Figure F-2, of this part.
    (vii) Portion of North Carolina located in OTAG Subregion 7, as 
shown in appendix F, Figure F-2, of this part.
    (viii) New Jersey.
    (ix) Portion of New York extending west and south of Connecticut, as 
shown in appendix F, Figure F-2, of this part.
    (x) Ohio.
    (xi) Pennsylvania.
    (xii) Virginia.
    (xiii) West Virginia.
    (d) Affirmative technical determinations relating to impacts on 
ozone levels in Maine--(1) Affirmative technical determinations with 
respect to the 8-hour ozone standard in Maine. The Administrator of EPA 
finds that any existing or new major source or group of stationary 
sources emits or would emit NOX in amounts that contribute 
significantly to nonattainment in the State of Maine, with respect to 
the 8-hour NAAQS for ozone if it is or will be:
    (i) In a category of large EGUs or large non-EGUs;
    (ii) Located in one of the States (or portions thereof) listed in 
paragraph (d)(2) of this section; and
    (iii) Within one of the ``Named Source Categories'' listed in the 
portion of Table F-1 of appendix F of this part describing the sources 
of NOX emissions covered by the petition of the State of 
Maine.
    (2) States or portions of States that contain sources for which EPA 
is making an affirmative technical determination with respect to the 8-
hour ozone standard in Maine. The States that contain sources for which 
EPA is making an affirmative technical determination are:
    (i) Connecticut.
    (ii) Delaware.
    (iii) District of Columbia.
    (iv) Maryland.
    (v) Massachusetts.
    (vi) New Jersey.
    (vii) New York.
    (viii) Pennsylvania.
    (ix) Rhode Island.
    (x) Virginia.
    (e) Section 126(b) findings and affirmative technical determinations 
relating to impacts on ozone levels in Massachusetts--(1) Section 126(b) 
findings with respect to the 1-hour ozone standard in Massachusetts. The 
Administrator finds that any existing major source or group of 
stationary sources emits NOX in violation of the Clean Air 
Act section 110(a)(2)(d)(i) prohibition with respect to the 1-hour ozone 
standard in the State of Massachusetts if it is:
    (i) In a category of large EGUs or large non-EGUs;
    (ii) Located in one of the States (or portions thereof) listed in 
paragraph (e)(2) of this section; and
    (iii) Within one of the ``Named Source Categories'' listed in the 
portion of Table F-1 in appendix F of this part describing the sources 
of NOX emissions covered by the petition of the State of 
Massachusetts.
    (2) States that contain sources for which the Administrator is 
making section 126(b) findings with respect to the 1-hour ozone standard 
in Massachusetts. The portions of States that contain sources of 
NOX emissions for which the Administrator is making section 
126(b) findings under paragraph (e)(1) of this section are:
    (i) All counties in West Virginia located within a 3-county-wide 
band of the Ohio River, as shown in appendix F, Figure F-4, of this 
part.
    (ii) [Reserved]
    (3) Affirmative technical determinations with respect to the 8-hour 
ozone standard in Massachusetts. The Administrator of EPA finds that any 
existing major source or group of stationary sources emits 
NOX in amounts that contribute significantly to nonattainment 
in, or interfere with maintenance by, the State of Massachusetts, with 
respect to the 8-hour NAAQS for ozone if it is:
    (i) In a category of large EGUs or large non-EGUs;
    (ii) Located in one of the States (or portions thereof) listed in 
paragraph (e)(4) of this section; and

[[Page 69]]

    (iii) Within one of the ``Named Source Categories'' listed in the 
portion of Table F-1 in appendix F of this part describing the sources 
of NOX emissions covered by the petition of the State of 
Massachusetts.
    (4) States or portions of States that contain sources for which EPA 
is making an affirmative technical determination with respect to the 8-
hour ozone standard in Massachusetts. The portions of States that 
contain sources for which EPA is making an affirmative technical 
determination are:
    (i) All counties in Ohio located within a 3-county-wide band of the 
Ohio River, as shown in appendix F, Figure F-4, of this part.
    (ii) All counties in West Virginia located within a 3-county-wide 
band of the Ohio River, as shown in appendix F, Figure F-4, of this 
part.
    (f) Affirmative technical determinations relating to impacts on 
ozone levels in New Hampshire--(1) Affirmative technical determinations 
with respect to the 8-hour ozone standard in New Hampshire. The 
Administrator of EPA finds that any existing or new major source or 
group of stationary sources emits or would emit NOX in 
amounts that contribute significantly to nonattainment in, or interfere 
with maintenance by, the State of New Hampshire, with respect to the 8-
hour NAAQS for ozone if it is or will be:
    (i) In a category of large EGUs or large non-EGUs;
    (ii) Located in one of the States (or portions thereof) listed in 
paragraph (f)(2) of this section; and
    (iii) Within one of the ``Named Source Categories'' listed in the 
portion of Table F-1 of appendix F of this part describing the sources 
of NOX emissions covered by the petition of the State of New 
Hampshire.
    (2) States or portions of States that contain sources for which EPA 
is making an affirmative technical determination with respect to the 8-
hour ozone standard in New Hampshire. The States that contain sources 
for which EPA is making an affirmative technical determination are:
    (i) Connecticut.
    (ii) Delaware.
    (iii) District of Columbia.
    (iv) Maryland.
    (v) Massachusetts.
    (vi) New Jersey.
    (vii) New York.
    (viii) Pennsylvania.
    (ix) Rhode Island.
    (g) Section 126(b) findings relating to impacts on ozone levels in 
the State of New York--(1) Section 126(b) findings with respect to the 
1-hour ozone standard in the State of New York. The Administrator finds 
that any existing or new major source or group of stationary sources 
emits or would emit NOX in violation of the Clean Air Act 
section 110(a)(2)(d)(i) prohibition with respect to the 1-hour ozone 
standard in the State of New York if it is or will be:
    (i) In a category of large EGUs or large non-EGUs;
    (ii) Located in one of the States (or portions thereof) listed in 
paragraph (g)(2) of this section; and
    (iii) Within one of the ``Named Source Categories'' listed in the 
portion of Table F-1 in appendix F of this part describing the sources 
of NOX emissions covered by the petition of the State of New 
York.
    (2) States or portions of States that contain sources for which the 
Administrator is making section 126(b) findings with respect to the 1-
hour ozone standard in New York. The States, or portions of States, that 
contain sources of NOX emissions for which the Administrator 
is making section 126(b) findings under paragraph (g)(1) of this section 
are:
    (i) Delaware.
    (ii) District of Columbia.
    (iii) Portion of Indiana located in OTAG Subregions 2 and 6, as 
shown in appendix F, Figure F-6, of this part.
    (iv) Portion of Kentucky located in OTAG Subregion 6, as shown in 
appendix F, Figure F-6, of this part.
    (v) Maryland.
    (vi) Portion of Michigan located south of 44 degrees latitude in 
OTAG Subregion 2, as shown in appendix F, Figure F-6, of this part.
    (vii) Portion of North Carolina located in OTAG Subregions 6 and 7, 
as shown in appendix F, Figure F-6, of this part.
    (viii) New Jersey.
    (ix) Ohio.
    (x) Pennsylvania.
    (xi) Virginia.
    (xii) West Virginia.

[[Page 70]]

    (h) Section 126(b) findings and affirmative technical determinations 
relating to impacts on ozone levels in the State of Pennsylvania--(1) 
Section 126(b) findings with respect to the 1-hour ozone standard in the 
State of Pennsylvania. The Administrator finds that any existing or new 
major source or group of stationary sources emits or would emit 
NOX in violation of the Clean Air Act section 110(a)(2)(d)(i) 
prohibition with respect to the 1-hour ozone standard in the State of 
Pennsylvania if it is or will be:
    (i) In a category of large EGUs or large non-EGUs;
    (ii) Located in one of the States (or portions thereof) listed in 
paragraph (h)(2) of this section; and (iii) Within one of the ``Named 
Source Categories'' listed in the portion of Table F-1 in appendix F of 
this part describing the sources of NOX emissions covered by 
the petition of the State of Pennsylvania.
    (2) States that contain sources for which the Administrator is 
making section 126(b) findings with respect to the 1-hour ozone standard 
in Pennsylvania. The States that contain sources of NOX 
emissions for which the Administrator is making section 126(b) findings 
under paragraph (h)(1) of this section are:
    (i) North Carolina.
    (ii) Ohio.
    (iii) Virginia.
    (iv) West Virginia.
    (3) Affirmative technical determinations with respect to the 8-hour 
ozone standard in Pennsylvania. The Administrator of EPA finds that any 
existing or new major source or group of stationary sources emits or 
would emit NOX in amounts that contribute significantly to 
nonattainment in, or interfere with maintenance by, the State of 
Pennsylvania, with respect to the 8-hour NAAQS for ozone:
    (i) In a category of large EGUs or large non-EGUs;
    (ii) Located in one of the States (or portions thereof) listed in 
paragraph (h)(4) of this section; and
    (iii) Within one of the ``Named Source Categories'' listed in the 
portion of Table F-1 in appendix F of this part describing the sources 
of NOX emissions covered by the petition of the State of 
Pennsylvania.
    (4) States or portions of States that contain sources for which EPA 
is making an affirmative technical determination with respect to the 8-
hour ozone standard in Pennsylvania. The States that contain sources for 
which EPA is making an affirmative technical determination are:
    (i) Alabama.
    (ii) Illinois.
    (iii) Indiana.
    (iv) Kentucky.
    (v) Michigan.
    (vi) Missouri.
    (vii) North Carolina.
    (viii) Ohio.
    (ix) Tennessee.
    (x) Virginia.
    (xi) West Virginia.
    (i) Withdrawal of section 126 findings. Notwithstanding any other 
provision of this subpart, a finding under paragraphs (c), (e)(1) and 
(e)(2), (g), and (h)(1) and (h)(2) of this section as to a particular 
major source or group of stationary sources in a particular State will 
be deemed to be withdrawn, and the corresponding part of the relevant 
petition(s) denied, if the Administrator issues a final action putting 
in place implementation plan provisions that comply with the 
requirements of Sec. Sec. 51.121 and 51.122 of this chapter for such 
State.
    (j) Section 126 control remedy. The Federal NOX Budget 
Trading Program in part 97 of this chapter applies to the owner or 
operator of any new or existing large EGU or large non-EGU as to which 
the Administrator makes a finding under section 126(b) of the Clean Air 
Act pursuant to the provisions of paragraphs (c), (e)(1) and (e)(2), 
(g), and (h)(1) and (h)(2) of this section.
    (k) Stay of findings with respect to the 8-hour ozone standard. 
Notwithstanding any other provisions of this subpart, the effectiveness 
of paragraphs (d), (e)(3) and (e)(4), (f), (h)(3) and (h)(4) of this 
section is stayed.
    (l) Temporary stay of rules. Notwithstanding any other provisions of 
this subpart, the effectiveness of this section is stayed from July 26, 
1999 until February 17, 2000.

[64 FR 28318, May 25, 1999, as amended at 64 FR 33961, June 24, 1999; 65 
FR 2042, Jan. 13, 2000; 65 FR 2726, Jan. 18, 2000; 69 FR 31505, June 3, 
2004]

[[Page 71]]



Sec. 52.35  What are the requirements of the Federal Implementation Plans 

(FIPs) for the Clean Air Interstate Rule (CAIR) relating to emissions of 

nitrogen oxides?

    (a)(1) The Federal CAIR NOX Annual Trading Program 
provisions of part 97 of this chapter constitute the Clean Air 
Interstate Rule Federal Implementation Plan provisions that relate to 
annual emissions of nitrogen oxides (NOX). Each State that is 
described in Sec. 51.123(c)(1) and (2) of this chapter received a 
finding by the Administrator that the State failed to submit a State 
Implementation Plan (SIP) to satisfy the requirements of section 
110(a)(2)(D)(i)(I) of the Clean Air Act for the PM2.5 NAAQS. 
The provisions of subparts AA through II of part 97 of this chapter, 
regarding the CAIR NOX Annual Trading Program, apply to the 
sources in each of these States that has not promulgated a SIP approved 
by the Administrator as correcting that deficiency. Following 
promulgation of an approval by the Administrator of a State's SIP as 
meeting the requirements of CAIR for PM2.5 relating to 
NOX under Sec. 51.123 of this chapter, these provisions of 
part 97 of this chapter will no longer apply to the sources in that 
State, except to the extent the Administrator's approval of the SIP 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 any 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 that provides for the allocation 
of the remaining CAIR NOX allowances for those years.
    (b)(1) The Federal CAIR NOX Ozone Season Trading Program 
provisions of part 97 of this chapter constitute the Clean Air 
Interstate Rule Federal Implementation Plan provisions that relate to 
emissions of nitrogen oxides (NOX) during the ozone season, 
as defined in Sec. 97.302 of this chapter. Each State that is described 
in Sec. 51.123(c)(1) and (3) of this chapter received a finding by the 
Administrator that the State failed to submit a State Implementation 
Plan (SIP) to satisfy the requirements of section 110(a)(2)(D)(i)(I) of 
the Clean Air Act for the 8-hour ozone NAAQS. The provisions of subparts 
AAAA through IIII of part 97 of this chapter, regarding the CAIR 
NOX Ozone Season Trading Program, apply to sources in each of 
these States that has not promulgated a SIP revision approved by the 
Administrator as correcting that deficiency. Following promulgation of 
an approval by the Administrator of a State's SIP as meeting the 
requirements of CAIR for ozone relating to NOX under Sec. 
51.123 of this chapter, these provisions of part 97 of this chapter will 
no longer apply to sources in that State, except to the extent the 
Administrator's approval of the SIP 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 any 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 
that provides for the allocation of the remaining CAIR NOX 
Ozone Season allowances for those years.
    (c) The provisions of this section do not invalidate or otherwise 
affect the obligations of States, emissions sources, or other 
responsible entities with respect to all portions of plans approved or 
promulgated under this part or the obligations of States under the 
requirements of Sec. Sec. 51.123 and 51.125 of this chapter.
    (d)(1) The States with SIPs approved by the Administrator as meeting 
the requirements of CAIR for PM2.5 relating to NOX 
under Sec. 51.123(o) of this chapter are: Indiana, and Ohio.
    (2) The States with SIPs approved by the Administrator as meeting 
the requirements of CAIR for ozone relating

[[Page 72]]

to NOX under Sec. 51.123(aa) of this chapter, are: Indiana, 
and Ohio.
    (e) Notwithstanding paragraphs (a) and (b) of this section, such 
paragraphs are not applicable as they relate to sources in the State of 
Minnesota as of December 3, 2009, except as provided in Sec. 
52.1240(b).
    (f) Notwithstanding any provisions of paragraphs (a) through (d) of 
this section, subparts AA through II and AAAA through IIII of part 97 of 
this chapter, and any State's SIP to the contrary:
    (1) With regard to any control period that begins after December 31, 
2011,
    (i) The provisions in paragraphs (a) through (d) of this section 
relating to NOX annual or ozone season emissions shall not be 
applicable; and
    (ii) The Administrator will not carry out any of the functions set 
forth for the Administrator in subparts AA through II and AAAA through 
IIII of part 97 of this chapter;
    (2) The Administrator will not deduct for excess emissions any CAIR 
NOX allowances or CAIR NOX Ozone Season allowances 
allocated for 2012 or any year thereafter;
    (3) By November 7, 2011, the Administrator will remove from the CAIR 
NOX Allowance Tracking System accounts all CAIR 
NOX allowances allocated for a control period in 2012 and any 
subsequent year, and, thereafter, no holding or surrender of CAIR 
NOX allowances will be required with regard to emissions or 
excess emissions for such control periods; and
    (4) By November 7, 2011, the Administrator will remove from the CAIR 
NOX Ozone Season Allowance Tracking System accounts all CAIR 
NOX Ozone Season allowances allocated for a control period in 
2012 and any subsequent year, and, thereafter, no holding or surrender 
of CAIR NOX allowances will be required with regard to 
emissions or excess emissions for such control periods.

[72 FR 62343, Nov.2, 2007, as amended at 74 FR 48862, Sept. 25, 2009; 74 
FR 56726, Nov. 3, 2009; 75 FR 72962, Nov. 29, 2010; 76 FR 48353, Aug. 8, 
2011]



Sec. 52.36  What are the requirements of the Federal Implementation Plans 

(FIPs) for the Clean Air Interstate Rule (CAIR) relating to emissions of 

sulfur dioxide?

    (a) The Federal CAIR SO2 Trading Program provisions of part 97 of 
this chapter constitute the Clean Air Interstate Rule Federal 
Implementation Plan provisions for emissions of sulfur dioxide 
(SO2). Each State that is described in Sec. 51.124(c) of 
this chapter is subject to a finding by the Administrator that the State 
failed to submit a State Implementation Plan (SIP) to satisfy the 
requirements of section 110(a)(2)(D)(i)(I) of the Clean Air Act for the 
PM2.5 NAAQS. The provisions of subparts AAA through III of 
part 97 of this chapter, regarding the CAIR SO2 Trading 
Program, apply to sources in each of these States that has not 
promulgated a SIP revision approved by the Administrator as correcting 
that deficiency. Following promulgation of an approval by the 
Administrator of a State's SIP as meeting the requirements of CAIR for 
PM2.5 relating to SO2 under Sec. 51.124 of this 
chapter, these provisions of part 97 of this chapter will no longer 
apply to sources in that State, except to the extent the Administrator's 
approval of the SIP is partial or conditional or unless such approval is 
under Sec. 51.124(r) of this chapter.
    (b) The provisions of this section do not invalidate or otherwise 
affect the obligations of States, emissions sources, or other 
responsible entities with respect to all portions of plans approved or 
promulgated under this part or the obligations of States under the 
requirements of Sec. Sec. 51.124 and 51.125 of this chapter.
    (c) The States with SIPs approved by the Administrator as meeting 
the requirements of CAIR for PM2.5 relating to SO2 
under Sec. 51.124(o) of this chapter are: Indiana, and Ohio
    (d) Notwithstanding paragraph (a) of this section, such paragraph is 
not applicable as it relates to sources in the State of Minnesota as of 
December 3, 2009.
    (e) Notwithstanding any provisions of paragraphs (a) through (c) of 
this section, subparts AAA through III of part 97 of this chapter and 
any State's SIP to the contrary:

[[Page 73]]

    (1) With regard to any control period that begins after December 31, 
2011,
    (i) The provisions of paragraphs (a) through (e) of this section 
relating to SO2 emissions shall not be applicable; and
    (ii) The Administrator will not carry out any of the functions set 
forth for the Administrator in subparts AAA through III of part 97 of 
this chapter; and
    (2) The Administrator will not deduct for excess emissions any CAIR 
SO2 allowances allocated for 2012 or any year thereafter.

[72 FR 62343, Nov. 2, 2007, as amended at 74 FR 48863, Sept. 25, 2009; 
74 FR 56726, Nov. 3, 2009; 75 FR 72962, Nov. 29, 2010; 76 FR 48354, Aug. 
8, 2011]



Sec. 52.37  What are the requirements of the Federal Implementation Plans 

(FIPs) to issue permits under the Prevention of Significant Deterioration 

requirements to sources that emit greenhouse gases?

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met to the extent the plan, as approved, of the states 
listed in paragraph (b) of this section does not apply with respect to 
emissions of the pollutant GHGs from certain stationary sources. 
Therefore, the provisions of Sec. 52.21 except paragraph (a)(1) are 
hereby made a part of the plan for each state listed in paragraph (b) of 
this section for:
    (1) Beginning January 2, 2011, the pollutant GHGs from stationary 
sources described in Sec. 52.21(b)(49)(iv), and
    (2) beginning July 1, 2011, in addition to the pollutant GHGs from 
sources described under paragraph (a)(1) of this section, stationary 
sources described in Sec. 52.21(b)(49)(v).
    (b) Paragraph (a) of this section applies to:
    (1) Arizona, Pinal County; Rest of State (Excludes Maricopa County, 
Pima County, and Indian Country);
    (2) Arkansas;
    (3) Florida;
    (4) Idaho;
    (5) [Reserved]
    (6) Wyoming;
    (7) Jefferson County, Kentucky.
    (c) For purposes of this section, the ``pollutant GHGs'' refers to 
the pollutant GHGs, as described in Sec. 52.21(b)(49)(i).

[75 FR 82254, Dec. 30, 2010, as amended at 76 FR 2589, Jan. 14, 2011; 76 
FR 9664, Feb. 22, 2011]



Sec. 52.38  What are the requirements of the Federal Implementation Plans 

(FIPs) under the Transport Rule (TR) relating to emissions of nitrogen oxides?

    (a)(1) The TR NOX Annual Trading Program provisions set 
forth in subpart AAAAA of part 97 of this chapter constitute the TR 
Federal Implementation Plan provisions that relate to annual emissions 
of nitrogen oxides (NOX).
    (2) The provisions of subpart AAAAA of part 97 of this chapter apply 
to the sources in the following States and Indian country located within 
the borders of such States: Alabama, Georgia, Illinois, Indiana, Iowa, 
Kansas, Kentucky, Maryland, Michigan, Minnesota, Missouri, Nebraska, New 
Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, 
Tennessee, Texas, Virginia, West Virginia, and Wisconsin.
    (3) Notwithstanding the provisions of paragraph (a)(1) of this 
section, a State listed in paragraph (a)(2) of this section may adopt 
and include in a SIP revision, and the Administrator will approve, as TR 
NOX Annual allowance allocation provisions replacing the 
provisions in Sec. 97.411(a) of this chapter with regard to the State 
and the control period in 2013, a list of TR NOX Annual units 
and the amount of TR NOX Annual allowances allocated to each 
unit on such list, provided that the list of units and allocations meets 
the following requirements:
    (i) All of the units on the list must be units that are in the State 
and commenced commercial operation before January 1, 2010;
    (ii) The total amount of TR NOX Annual allowance 
allocations on the list must not exceed the amount, under Sec. 
97.410(a) of this chapter for the State and the control period in 2013, 
of TR NOX Annual trading budget minus the sum of the new unit 
set-aside and Indian country new unit set-aside;

[[Page 74]]

    (iii) The list must be submitted electronically in a format 
specified by the Administrator; and
    (iv) The SIP revision must not provide for any change in the units 
and allocations on the list after approval of the SIP revision by the 
Administrator and must not provide for any change in any allocation 
determined and recorded by the Administrator under subpart AAAAA of part 
97 of this chapter;
    (v) Provided that:
    (A) By October 17, 2011, the State must notify the Administrator 
electronically in a format specified by the Administrator of the State's 
intent to submit to the Administrator a complete SIP revision meeting 
the requirements of paragraph (a)(3)(i) through (iv) of this section by 
April 1, 2012; and
    (B) The State must submit to the Administrator a complete SIP 
revision described in paragraph (a)(3)(v)(A) of this section by April 1, 
2012.
    (4) Notwithstanding the provisions of paragraph (a)(1) of this 
section, a State listed in paragraph (a)(2) of this section may adopt 
and include in a SIP revision, and the Administrator will approve, 
regulations revising subpart AAAAA of part 97 of this chapter as follows 
and not making any other substantive revisions of that subpart:
    (i) The State may adopt, as TR NOX Annual allowance 
allocation or auction provisions replacing the provisions in Sec. Sec. 
97.411(a) and (b)(1) and 97.412(a) of this chapter with regard to the 
State and the control period in 2014 or any subsequent year, any 
methodology under which the State or the permitting authority allocates 
or auctions TR NOX Annual allowances, and may adopt, in 
addition to the definitions in Sec. 97.402 of this chapter, one or more 
definitions that shall apply only to terms as used in the adopted TR 
NOX Annual allowance allocation or auction provisions, if 
such methodology--
    (A) Requires the State or the permitting authority to allocate and, 
if applicable, auction a total amount of TR NOX Annual 
allowances for any such control period not exceeding the amount, under 
Sec. Sec. 97.410(a) and 97.421 of this chapter for the State and such 
control period, of the TR NOX Annual trading budget minus the 
sum of the Indian country new unit set-aside and the amount of any TR 
NOX Annual allowances already allocated and recorded by the 
Administrator.
    (B) Requires, to the extent the State adopts provisions for 
allocations or auctions of TR NOX Annual allowances for any 
such control period to any TR NOX Annual units covered by 
Sec. 97.411(a) of this chapter, that the State or the permitting 
authority submit such allocations or the results of such auctions for 
such control period (except allocations or results of auctions to such 
units of TR NOX Annual allowances remaining in a set-aside 
after completion of the allocations or auctions for which the set-aside 
was created) to the Administrator no later than the following dates:

------------------------------------------------------------------------
  Year of the control period for which TR    Deadline for submission of
  NOX annual allowances are allocated or       allocations or auction
                 auctioned                    results to administrator
------------------------------------------------------------------------
2014......................................  June 1, 2013.
2015......................................  June 1, 2013.
2016......................................  June 1, 2014.
2017......................................  June 1, 2014.
2018......................................  June 1, 2015.
2019......................................  June 1, 2015.
2020 and any year thereafter..............  June 1 of the fourth year
                                             before the year of the
                                             control period.
------------------------------------------------------------------------

    (C) Requires, to the extent the State adopts provisions for 
allocations or auctions of TR NOX Annual allowances for any 
such control period to any TR NOX Annual units covered by 
Sec. Sec. 97.411(b)(1) and 97.412(a) of this chapter, that the State or 
the permitting authority submit such allocations or the results of such 
auctions (except allocations or results of auctions to such units of TR 
NOX Annual allowances remaining in a set-aside after 
completion of the allocations or auctions for which the set-aside was 
created) to the Administrator by July 1 of the year of such control 
period.
    (D) Does not provide for any change, after the submission deadlines 
in paragraphs (a)(4)(i)(B) and (C) of this section, in the allocations 
submitted to the Administrator by such deadlines and does not provide 
for any change in any allocation determined and recorded by the 
Administrator under subpart AAAAA of part 97 of this chapter;
    (ii) Provided that the State must submit a complete SIP revision 
meeting the requirements of paragraph

[[Page 75]]

(a)(4)(i) of this section by December 1 of the year before the year of 
the deadlines for submission of allocations or auction results under 
paragraphs (a)(4)(i)(B) and (C) of this section for the first control 
period for which the State wants to make allocations or hold an auction 
under paragraph (a)(4)(i) of this section.
    (5) Notwithstanding the provisions of paragraph (a)(1) of this 
section, a State listed in paragraph (a)(2) of this section may adopt 
and include in a SIP revision, and the Administrator will approve, as 
correcting in whole or in part, as appropriate, the deficiency in the 
SIP that is the basis for the TR Federal Implementation Plan set forth 
in paragraphs (a)(1) through (4) of this section, regulations that are 
substantively identical to the provisions of the TR NOX 
Annual Trading Program set forth in Sec. Sec. 97.402 through 97.435 of 
this chapter, except that the SIP revision:
    (i) May adopt, as TR NOX Annual allowance allocation or 
auction provisions replacing the provisions in Sec. Sec. 97.411(a) and 
(b)(1) and 97.412(a) of this chapter with regard to the State and the 
control period in 2014 or any subsequent year, any methodology under 
which the State or the permitting authority allocates or auctions TR 
NOX Annual allowances and that--
    (A) Requires the State or the permitting authority to allocate and, 
if applicable, auction a total amount of TR NOX Annual 
allowances for any such control period not exceeding the amount, under 
Sec. Sec. 97.410(a) and 97.421 of this chapter for the State and such 
control period, of the TR NOX Annual trading budget minus the 
sum of the Indian country new unit set-aside and the amount of any TR 
NOX Annual allowances already allocated and recorded by the 
Administrator.
    (B) Requires, to the extent the State adopts provisions for 
allocations or auctions of TR NOX Annual allowances for any 
such control period to any TR NOX Annual units covered by 
Sec. 97.411(a) of this chapter, that the State or the permitting 
authority submit such allocations or the results of such auctions for 
such control period (except allocations or results of auctions to such 
units of TR NOX Annual allowances remaining in a set-aside 
after completion of the allocations or auctions for which the set-aside 
was created) to the Administrator no later than the following dates:

------------------------------------------------------------------------
  Year of the control period for which TR    Deadline for submission of
  NOX annual allowances are allocated or       allocations or auction
                 auctioned                    results to administrator
------------------------------------------------------------------------
2014......................................  June 1, 2013.
2015......................................  June 1, 2013.
2016......................................  June 1, 2014.
2017......................................  June 1, 2014.
2018......................................  June 1, 2015.
2019......................................  June 1, 2015.
2020 and any year thereafter..............  June 1 of the fourth year
                                             before the year of the
                                             control period.
------------------------------------------------------------------------

    (C) Requires, to the extent the State adopts provisions for 
allocations or auctions of TR NOX Annual allowances for any 
such control period to any TR NOX Annual units covered by 
Sec. Sec. 97.411(b)(1) and 97.412(a) of this chapter, that the State or 
the permitting authority submit such allocations or the results of such 
auctions (except allocations or results of auctions to such units of TR 
NOX Annual allowances remaining in a set-aside after 
completion of the allocations or auctions for which the set-aside was 
created) to the Administrator by July 1 of the year of such control 
period.
    (D) Does not provide for any change, after the submission deadlines 
in paragraphs (a)(5)(i)(B) and (C) of this section, in the allocations 
submitted to the Administrator by such deadlines and does not provide 
for any change in any allocation determined and recorded by the 
Administrator under subpart AAAAA of part 97 of this chapter;
    (ii) May adopt, in addition to the definitions in Sec. 97.402 of 
this chapter, one or more definitions that shall apply only to terms as 
used in the TR NOX Annual allowance allocation or auction 
provisions adopted under paragraph (a)(5)(i) of this section;
    (iii) May substitute the name of the State for the term ``State'' as 
used in subpart AAAAA of part 97 of this chapter, to the extent the 
Administrator determines that such substitutions do not make substantive 
changes in the provisions in Sec. Sec. 97.402 through 97.435 of this 
chapter; and
    (iv) Must not include any of the references to, or requirements 
imposed

[[Page 76]]

on, any unit in Indian country within the borders of the State in the 
provisions in Sec. Sec. 97.402 through 97.435 of this chapter and must 
not include the provisions in Sec. Sec. 97.411(b)(2) and 97.412(b), all 
of which provisions will continue to apply under the portion of the TR 
Federal Implementation Plan that is not replaced by the SIP revision;
    (v) Provided that, if and when any covered unit is located in Indian 
country within the borders of the State, the Administrator may modify 
his or her approval of the SIP revision to exclude the provisions in 
Sec. Sec. 97.402 (definitions of ``common designated representative'', 
``common designated representative's assurance level'', and ``common 
designated representative's share''), 97.406(c)(2), 97.425, and the 
portions of other provisions referencing these sections and may modify 
the portion of the TR Federal Implementation Plan that is not replaced 
by the SIP revision to include these provisions;
    (vi) Provided that the State must submit a complete SIP revision 
meeting the requirements of paragraphs (a)(5)(i) through (iv) of this 
section by December 1 of the year before the year of the deadlines for 
submission of allocations or auction results under paragraphs 
(a)(5)(i)(B) and (C) of this section applicable to the first control 
period for which the State wants to make allocations or hold an auction 
under paragraphs (a)(5)(i) and (ii) of this section.
    (6) Following promulgation of an approval by the Administrator of a 
State's SIP revision as correcting in whole or in part, as appropriate, 
the SIP's deficiency that is the basis for the TR Federal Implementation 
Plan described in paragraphs (a)(1) through (5) of this section, the 
provisions of paragraph (a)(2) of this section will no longer apply to 
the sources in the State, unless the Administrator's approval of the SIP 
revision is partial or conditional, and will continue to apply to 
sources in any Indian country within the borders of the State.
    (7) Notwithstanding the provisions of paragraph (a)(6) of this 
section, if, at the time of such approval of the State's SIP revision, 
the Administrator has already started recording any allocations of TR 
NOX Annual allowances under subpart AAAAA of part 97 of this 
chapter to units in a State for a control period in any year, the 
provisions of subpart AAAAA of part 97 of this chapter authorizing the 
Administrator to complete the allocation and recordation of TR 
NOX Annual allowances to units in the State for each such 
control period shall continue to apply, unless provided otherwise by 
such approval of the State's SIP revision.
    (b)(1) The TR NOX Ozone Season Trading Program provisions 
set forth in part 97 of this chapter constitute the TR Federal 
Implementation Plan provisions that relate to emissions of 
NOX during the ozone season, defined as May 1 through 
September 30 of a calendar year.
    (2) The provisions of subpart BBBBB of part 97 of this chapter apply 
to sources in each of the following States and Indian country located 
within the borders of such States: Alabama, Arkansas, Florida, Georgia, 
Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Michigan, 
Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, 
Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West 
Virginia, and Wisconsin.
    (3) Notwithstanding the provisions of paragraph (b)(1) of this 
section, a State listed in paragraph (b)(2) of this section may adopt 
and include in a SIP revision, and the Administrator will approve, as TR 
NOX Ozone Season allowance allocation provisions replacing 
the provisions in Sec. 97.511(a) of this chapter with regard to the 
State and the control period in 2013, a list of TR NOX Ozone 
Season units and the amount of TR NOX Ozone Season allowances 
allocated to each unit on such list, provided that the list of units and 
allocations meets the following requirements:
    (i) All of the units on the list must be units that are in the State 
and commenced commercial operation before January 1, 2010;
    (ii) The total amount of TR NOX Ozone Season allowance 
allocations on the list must not exceed the amount, under Sec. 
97.510(a) of this chapter for the State and the control period in 2013, 
of TR NOX Ozone Season trading budget minus the sum of the 
new unit set-

[[Page 77]]

aside and Indian country new unit set-aside;
    (iii) The list must be submitted electronically in a format 
specified by the Administrator; and
    (iv) The SIP revision must not provide for any change in the units 
and allocations on the list after approval of the SIP revision by the 
Administrator and must not provide for any change in any allocation 
determined and recorded by the Administrator under subpart BBBBB of part 
97 of this chapter;
    (v) Provided that:
    (A) By October 17, 2011 or, for Iowa, Michigan, Missouri, Oklahoma, 
and Wisconsin, March 6, 2012, the State must notify the Administrator 
electronically in a format specified by the Administrator of the State's 
intent to submit to the Administrator a complete SIP revision meeting 
the requirements of paragraph (b)(3)(i) through (iv) of this section by 
April 1, 2012 or, for Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, 
October 1, 2012; and
    (B) The State must submit to the Administrator a complete SIP 
revision described in paragraph (b)(3)(v)(A) of this section by April 1, 
2012 or, for Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, October 
1, 2012.
    (4) Notwithstanding the provisions of paragraph (b)(1) of this 
section, a State listed in paragraph (b)(2) of this section may adopt 
and include in a SIP revision, and the Administrator will approve, 
regulations revising subpart BBBBB of part 97 of this chapter as follows 
and not making any other substantive revisions of that subpart:
    (i) The State may adopt, as applicability provisions replacing the 
provisions in Sec. Sec. 97.504(a)(1) and (2) of this chapter, 
provisions substantively identical to those provisions, except that the 
words ``more than 25 MWe'' are replaced, whenever such words appear, by 
words specifying a uniform lower limit on the amount of megawatts that 
is not greater than the amount specified by the words ``more than 25 
MWe'' and is not less than the amount specified by the words ``15 MWe or 
more''; or
    (ii) The State may adopt, as TR NOX Ozone Season 
allowance allocation or auction provisions replacing the provisions in 
Sec. Sec. 97.511(a) and (b)(1) and 97.512(a) of this chapter with 
regard to the control period in 2014 or any subsequent year, any 
methodology under which the State or the permitting authority allocates 
or auctions TR NOX Ozone Season allowances, and may adopt, in 
addition to the definitions in Sec. 97.502 of this chapter, one or more 
definitions that shall apply only to terms as used in the adopted TR 
NOX Ozone Season allowance allocation or auction provisions, 
if such methodology--
    (A) Requires the State or the permitting authority to allocate and, 
if applicable, auction a total amount of TR NOX Ozone Season 
allowances for any such control period not exceeding the amount, under 
Sec. Sec. 97.510(a) and 97.521 of this chapter for the State and such 
control period, of the TR NOX Ozone Season trading budget 
minus the sum of the Indian country new unit set-aside and the amount of 
any TR NOX Ozone Season allowances already allocated and 
recorded by the Administrator.
    (B) Requires, to the extent the State adopts provisions for 
allocations or auctions of TR NOX Ozone Season allowances for 
any such control period to any TR NOX Ozone Season units 
covered by Sec. 97.511(a) of this chapter, that the State or the 
permitting authority submit such allocations or the results of such 
auctions for such control period (except allocations or results of 
auctions to such units of TR NOX Ozone Season allowances 
remaining in a set-aside after completion of the allocations or auctions 
for which the set-aside was created) to the Administrator no later than 
the following dates:

------------------------------------------------------------------------
  Year of the control period for which TR    Deadline for submission of
 NOX Ozone Season allowances are allocated     allocations or auction
               or auctioned                   results to administrator
------------------------------------------------------------------------
2014......................................  June 1, 2013.
2015......................................  June 1, 2013.
2016......................................  June 1, 2014.
2017......................................  June 1, 2014.
2018......................................  June 1, 2015.
2019......................................  June 1, 2015.
2020 and any year thereafter..............  June 1 of the fourth year
                                             before the year of the
                                             control period.
------------------------------------------------------------------------

    (C) Requires, to the extent the State adopts provisions for 
allocations or

[[Page 78]]

auctions of TR NOX Ozone Season allowances for any such 
control period to any TR NOX Ozone Season units covered by 
Sec. Sec. 97.511(b)(1) and 97.512(a) of this chapter, that the State or 
the permitting authority submit such allocations or the results of such 
auctions (except allocations or results of auctions to such units of TR 
NOX Ozone Season allowances remaining in a set-aside after 
completion of the allocations or auctions for which the set-aside was 
created) to the Administrator by July 1 of the year of such control 
period.
    (D) Does not provide for any change, after the submission deadlines 
in paragraphs (b)(4)(ii)(B) and (C) of this section, in the allocations 
submitted to the Administrator by such deadlines and does not provide 
for any change in any allocation determined and recorded by the 
Administrator under subpart BBBBB of part 97 of this chapter;
    (iii) Provided that the State must submit a complete SIP revision 
meeting the requirements of paragraph (b)(4)(i) or (ii) of this section 
by December 1 of the year before the year of the deadlines for 
submission of allocations or auction results under paragraphs 
(b)(4)(ii)(B) and (C) of this section applicable to the first control 
period for which the State wants to replace the applicability 
provisions, make allocations, or hold an auction under paragraph 
(b)(4)(i) or (ii) of this section.
    (5) Notwithstanding the provisions of paragraph (b)(1) of this 
section, a State listed in paragraph (b)(2) of this section may adopt 
and include in a SIP revision, and the Administrator will approve, as 
correcting in whole or in part, as appropriate, the deficiency in the 
SIP that is the basis for the TR Federal Implementation Plan set forth 
in paragraphs (b)(1) through (4) of this section, regulations that are 
substantively identical to the provisions of the TR NOX Ozone 
Season Trading Program set forth in Sec. Sec. 97.502 through 97.535 of 
this chapter, except that the SIP revision:
    (i) May adopt, as applicability provisions replacing the provisions 
in Sec. Sec. 97.504(a)(1) and (2) of this chapter, provisions 
substantively identical to those provisions, except that the words 
``more than 25 MWe'' are replaced, whenever such words appear, by words 
specifying a uniform lower limit on the amount of megawatts that is not 
greater than the amount specified by the words ``more than 25 MWe'' and 
is not less than the amount specified by the words ``15 MWe or more''; 
or
    (ii) May adopt, as TR NOX Ozone Season allowance 
allocation provisions replacing the provisions in Sec. Sec. 97.511(a) 
and (b)(1) and 97.512(a) of this chapter with regard to the control 
period in 2014 and any subsequent year, any methodology under which the 
State or the permitting authority allocates auctions TR NOX 
Ozone Season allowances and that--
    (A) Requires the State or the permitting authority to allocate and, 
if applicable, auction a total amount of TR NOX Ozone Season 
allowances for any such control period not exceeding the amount, under 
Sec. Sec. 97.510(a) and 97.521 of this chapter for the State and such 
control period, of the TR NOX Ozone Season trading budget 
minus the sum of the Indian country new unit set-aside and the amount of 
any TR NOX Ozone Season allowances already allocated and 
recorded by the Administrator.
    (B) Requires, to the extent the State adopts provisions for 
allocations or auction of TR NOX Ozone Season allowances for 
any such control period to any TR NOX Ozone Season units 
covered by Sec. 97.511(a) of this chapter, that the State or the 
permitting authority submit such allocations or the results of such 
auctions for such control period (except allocations or results of 
auctions to such units of TR NOX Ozone Season allowances 
remaining in a set-aside after completion of the allocations or auctions 
for which the set-aside was created) to the Administrator no later than 
the following dates:

------------------------------------------------------------------------
  Year of the control period for which TR    Deadline for submission of
 NOX Ozone Season allowances are allocated     allocations or auction
               or auctioned                   results to administrator
------------------------------------------------------------------------
2014......................................  June 1, 2013.
2015......................................  June 1, 2013.
2016......................................  June 1, 2014.
2017......................................  June 1, 2014.
2018......................................  June 1, 2015.
2019......................................  June 1, 2015.

[[Page 79]]

 
2020 and any year thereafter..............  June 1 of the fourth year
                                             before the year of the
                                             control period.
------------------------------------------------------------------------

    (C) Requires, to the extent the State adopts provisions for 
allocations or auctions of TR NOX Ozone Season allowances for 
any control period to any TR NOX Ozone Season units covered 
by Sec. Sec. 97.511(b)(1) and 97.512(a) of this chapter, that the State 
or the permitting authority submit such allocations or the results of 
such auctions (except allocations or results of auctions to such units 
of TR NOX Ozone Season allowances remaining in a set-aside 
after completion of the allocations or auctions for which the set-aside 
was created) to the Administrator by July 1 of the year of such control 
period.
    (D) Does not provide for any change, after the submission deadlines 
in paragraphs (b)(5)(ii)(B) and (C) of this section, in the allocations 
submitted to the Administrator by such deadlines and does not provide 
for any change in any allocation determined and recorded by the 
Administrator under subpart BBBBB of part 97 of this chapter;
    (iii) May adopt in addition to the definitions in Sec. 97.502 of 
this chapter, one or more definitions that shall apply only to terms as 
used in the TR NOX Ozone Season allowance allocation or 
auction provisions adopted under paragraph (b)(5)(ii) of this section;
    (iv) May substitute the name of the State for the term ``State'' as 
used in subpart BBBBB of part 97 of this chapter, to the extent the 
Administrator determines that such substitutions do not make substantive 
changes in the provisions in Sec. Sec. 97.502 through 97.535 of this 
chapter; and
    (v) Must not include any of the references to, or requirements 
imposed on, any unit in Indian country within the borders of the State 
in the provisions in Sec. Sec. 97.502 through 97.535 of this chapter 
and must not include the provisions in Sec. Sec. 97.511(b)(2) and 
97.512(b), all of which provisions will continue to apply under the 
portion of the TR Federal Implementation Plan that is not replaced by 
the SIP revision;
    (vi) Provided that, if and when any covered unit is located in 
Indian country within the borders of the State, the Administrator may 
modify his or her approval of the SIP revision to exclude the provisions 
in Sec. Sec. 97.502 (definitions of ``common designated 
representative'', ``common designated representative's assurance 
level'', and ``common designated representative's share''), 
97.506(c)(2), 97.525, and the portions of other provisions referencing 
these sections and may modify the portion of the TR Federal 
Implementation Plan that is not replaced by the SIP revision to include 
these provisions;
    (vii) Provided that the State must submit a complete SIP revision 
meeting the requirements of paragraph (b)(5)(i) through (v) of this 
section by December 1 of the year before the year of the deadlines for 
submission of allocations or auction results under paragraphs (5)(ii)(B) 
and (C) of this section applicable to the first control period for which 
the State wants to replace the applicability provisions, make 
allocations, or hold an auction under paragraphs (b)(5)(ii) and (iii) of 
this section.
    (6) Following promulgation of an approval by the Administrator of a 
State's SIP revision as correcting in whole or in part, as appropriate, 
the SIP's deficiency that is the basis for the TR Federal Implementation 
Plan set forth in paragraphs (b)(1) through (5) of this section, the 
provisions of paragraph (b)(2) of this section will no longer apply to 
sources in the State, unless the Administrator's approval of the SIP 
revision is partial or conditional, and will continue to apply to 
sources in any Indian country within the borders of the State.
    (7) Notwithstanding the provisions of paragraph (b)(6) of this 
section, if, at the time of such approval of the State's SIP revision, 
the Administrator has already started recording any allocations of TR 
NOX Ozone Season allowances under subpart BBBBB of part 97 of 
this chapter to units in a State for a control period in any year, the 
provisions of subpart BBBBB of part 97 of this chapter authorizing the 
Administrator to complete the allocation and recordation of TR 
NOX Ozone Season allowances to units in the State for each 
such control period shall continue to

[[Page 80]]

apply, unless provided otherwise by such approval of the State's SIP 
revision.

[76 FR 48354, Aug. 8, 2011, as amended at 76 FR 80774, Dec. 27, 2011]



Sec. 52.39  What are the requirements of the Federal Implementation Plans 

(FIPs) for the Transport Rule (TR) relating to emissions of sulfur dioxide?

    (a) The TR SO2 Group 1 Trading Program provisions and the 
TR SO2 Group 2 Trading Program provisions set forth 
respectively in subparts CCCCC and DDDDD of part 97 of this chapter 
constitute the TR Federal Implementation Plan provisions that relate to 
emissions of sulfur dioxide (SO2).
    (b) The provisions of subpart CCCCC of part 97 of this chapter apply 
to sources in each of the following States and Indian country located 
within the borders of such States: Illinois, Indiana, Iowa, Kentucky, 
Maryland, Michigan, Missouri, New Jersey, New York, North Carolina, 
Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin.
    (c) The provisions of subpart DDDDD of part 97 of this chapter apply 
to sources in each of the following States and Indian country located 
within the borders of such States: Alabama, Georgia, Kansas, Minnesota, 
Nebraska, South Carolina, and Texas.
    (d) Notwithstanding the provisions of paragraph (a) of this section, 
a State listed in paragraph (b) of this section may adopt and include in 
a SIP revision, and the Administrator will approve, as TR SO2 
Group 1 allowance allocation provisions replacing the provisions in 
Sec. 97.611(a) of this chapter with regard to the State and the control 
period in 2013, a list of TR SO2 Group 1 units and the amount 
of TR SO2 Group 1 allowances allocated to each unit on such 
list, provided that the list of units and allocations meets the 
following requirements:
    (1) All of the units on the list must be units that are in the State 
and commenced commercial operation before January 1, 2010;
    (2) The total amount of TR SO2 Group 1 allowance 
allocations on the list must not exceed the amount, under Sec. 
97.610(a) of this chapter for the State and the control period in 2013, 
of TR SO2 Group 1 trading budget minus the sum of the new 
unit set-aside and Indian country new unit set-aside;
    (3) The list must be submitted electronically in a format specified 
by the Administrator; and
    (4) The SIP revision must not provide for any change in the units 
and allocations on the list after approval of the SIP revision by the 
Administrator and must not provide for any change in any allocation 
determined and recorded by the Administrator under subpart CCCCC of part 
97 of this chapter;
    (5) Provided that:
    (i) By October 17, 2011, the State must notify the Administrator 
electronically in a format specified by the Administrator of the State's 
intent to submit to the Administrator a complete SIP revision meeting 
the requirements of paragraph (d)(1) through (4) of this section by 
April 1, 2012; and
    (ii) The State must submit to the Administrator a complete SIP 
revision described in paragraph (d)(5)(i) of this section by April 1, 
2012.
    (e) Notwithstanding the provisions of paragraph (a) of this section, 
a State listed in paragraph (b) of this section may adopt and include in 
a SIP revision, and the Administrator will approve, regulations revising 
subpart CCCCC of part 97 of this chapter as follows and not making any 
other substantive revisions of that subpart:
    (1) The State may adopt, as TR SO2 Group 1 allowance 
allocation or auction provisions replacing the provisions in Sec. Sec. 
97.611(a) and (b)(1) and 97.612(a) of this chapter with regard to the 
control period in 2014 or any subsequent year, any methodology under 
which the State or the permitting authority allocates or auctions TR 
SO2 Group 1 allowances and may adopt, in addition to the 
definitions in Sec. 97.602 of this chapter, one or more definitions 
that shall apply only to terms as used in the adopted TR SO2 
Group 1 allowance allocation or auction provisions, if such 
methodology--
    (i) Requires the State or the permitting authority to allocate and, 
if applicable, auction a total amount of TR SO2 Group 1 
allowances for any such control period not exceeding the amount, under 
Sec. Sec. 97.610(a) and 97.621 of

[[Page 81]]

this chapter for the State and such control period, of the TR 
SO2 Group 1 trading budget minus the sum of the Indian 
country new unit set-aside and the amount of any TR SO2 Group 
1 allowances already allocated and recorded by the Administrator.
    (ii) Requires, to the extent the State adopts provisions for 
allocations or auction of TR SO2 Group 1 allowances for any 
such control period to any TR SO2 Group 1 units covered by 
Sec. 97.611(a) of this chapter, that the State or the permitting 
authority submit such allocations or the results of such auctions for 
such control period (except allocations or results of auctions to such 
units of TR SO2 Group 1 allowances remaining in a set-aside 
after completion of the allocations or auctions for which the set-aside 
was created) to the Administrator no later than the following dates:

------------------------------------------------------------------------
  Year of the control period for which TR    Deadline for submission of
  SO2 Group 1 allowances are allocated or      allocations or auction
                 auctioned                    results to administrator
------------------------------------------------------------------------
2014......................................  June 1, 2013.
2015......................................  June 1, 2013.
2016......................................  June 1, 2014.
2017......................................  June 1, 2014.
2018......................................  June 1, 2015.
2019......................................  June 1, 2015.
2020 and any year thereafter..............  June 1 of the fourth year
                                             before the year of the
                                             control period.
------------------------------------------------------------------------

    (iii) Requires, to the extent the State adopts provisions for 
allocations or auctions of TR SO2 Group 1 allowances for any 
such control period to any TR SO2 Group 1 units covered by 
Sec. Sec. 97.611(b)(1) and 97.612(a) of this chapter, that the State or 
the permitting authority submit such allocations or the results of such 
auctions (except allocations or results of auctions to such units of TR 
SO2 Group 1 allowances remaining in a set-aside after 
completion of the allocations or auctions for which the set-aside was 
created) to the Administrator by July 1 of the year of such control 
period.
    (iv) Does not provide for any change, after the submission deadlines 
in paragraphs (e)(1)(ii) and (iii) of this section, in the allocations 
submitted to the Administrator by such deadlines and does not provide 
for any change in any allocation determined and recorded by the 
Administrator under subpart CCCCC of part 97 of this chapter;
    (2) Provided that the State must submit a complete SIP revision 
meeting the requirements of paragraph (e)(1) of this section by December 
1 of the year before the year of the deadlines for submission of 
allocations or auction results under paragraphs (e)(1)(ii) and (iii) of 
this section applicable to the first control period for which the State 
wants to make allocations or hold an auction under paragraph (e)(1) of 
this section.
    (f) Notwithstanding the provisions of paragraph (a) of this section, 
a State listed in paragraph (b) of this section may adopt and include in 
a SIP revision, and the Administrator will approve, as correcting in 
whole or in part, as appropriate, the deficiency in the SIP that is the 
basis for the TR Federal Implementation Plan set forth in paragraphs 
(a), (b), (d), and (e) of this section, regulations that are 
substantively identical to the provisions of the TR SO2 Group 
1 Trading Program set forth in Sec. Sec. 97.602 through 97.635 of this 
chapter, except that the SIP revision:
    (1) May adopt, as TR SO2 Group 1 allowance allocation or 
auction provisions replacing the provisions in Sec. Sec. 97.611(a) and 
(b)(1) and 97.612(a) of this chapter with regard to the control period 
in 2014 and any subsequent year, any methodology under which the State 
or the permitting authority allocates or auctions TR SO2 
Group 1 allowances and that--
    (i) Requires the State or the permitting authority to allocate and, 
if applicable, auction a total amount of TR SO2 Group 1 
allowances for such control period not exceeding the amount, under 
Sec. Sec. 97.610(a) and 97.621 of this chapter for the State and such 
control period, of the TR SO2 Group 1 trading budget minus 
the sum of the Indian country new unit set-aside and the amount of any 
TR SO2 Group 1 allowances already allocated and recorded by 
the Administrator.
    (ii) Requires, to the extent the State adopts provisions for 
allocations or auction of TR SO2 Group 1 allowances for any 
such control period to any TR SO2 Group 1 units covered by 
Sec. 97.611(a) of this chapter, that the State or the

[[Page 82]]

permitting authority submit such allocations or the results of such 
auctions for such control period (except allocations or results of 
auctions to such units of TR SO2 Group 1 allowances remaining 
in a set-aside after completion of the allocations or auctions for which 
the set-aside was created) to the Administrator no later than the 
following dates:

------------------------------------------------------------------------
  Year of the control period for which TR    Deadline for submission of
  SO2 Group 1 allowances are allocated or      allocations or auction
                 auctioned                    results to administrator
------------------------------------------------------------------------
2014......................................  June 1, 2013.
2015......................................  June 1, 2013.
2016......................................  June 1, 2014.
2017......................................  June 1, 2014.
2018......................................  June 1, 2015.
2019......................................  June 1, 2015.
2020 and any year thereafter..............  June 1 of the fourth year
                                             before the year of the
                                             control period.
------------------------------------------------------------------------

    (iii) Requires, to the extent the State adopts provisions for 
allocations or auctions of TR SO2 Group 1 allowances for any 
such control period to any TR SO2 Group 1 units covered by 
Sec. Sec. 97.611(b)(1) and 97.612(a) of this chapter, that the State or 
the permitting authority submit such allocations or the results of such 
auctions (except allocations or results of auctions to such units of TR 
SO2 Group 1 allowances remaining in a set-aside after 
completion of the allocations or auctions for which the set-aside was 
created) to the Administrator by July 1 of the year of such control 
period.
    (iv) Does not provide for any change, after the submission deadlines 
in paragraphs (f)(2)(ii) and (iii) of this section, in the allocations 
submitted to the Administrator by such deadlines and does not provide 
for any change in any allocation determined and recorded by the 
Administrator under subpart CCCCC of part 97 of this chapter;
    (2) May adopt, in addition to the definitions in Sec. 97.602 of 
this chapter, one or more definitions that shall apply only to terms as 
used in the TR SO2 Group 1 allowance allocation or auction 
provisions adopted under paragraph (f)(1) of this section;
    (3) May substitute the name of the State for the term ``State'' as 
used in subpart CCCCC of part 97 of this chapter, to the extent the 
Administrator determines that such substitutions do not make substantive 
changes in the provisions in Sec. Sec. 97.602 through 97.635 of this 
chapter; and
    (4) Must not include any of the references to, or requirements 
imposed on, any unit in Indian country within the borders of the State 
in the provisions in Sec. Sec. 97.602 through 97.635 of this chapter 
and must not include the provisions in Sec. Sec. 97.611(b)(2) and 
97.612(b), all of which provisions will continue to apply under the 
portion of the TR Federal Implementation Plan that is not replaced by 
the SIP revision;
    (5) Provided that, if and when any covered unit is located in Indian 
country within the borders of the State, the Administrator may modify 
his or her approval of the SIP revision to exclude the provisions in 
Sec. Sec. 97.602 (definitions of ``common designated representative'', 
``common designated representative's assurance level'', and ``common 
designated representative's share''), 97.606(c)(2), 97.625, and the 
portions of other provisions referencing these sections and may modify 
the portion of the TR Federal Implementation Plan that is not replaced 
by the SIP revision to include these provisions;
    (6) Provided that the State must submit a complete SIP revision 
meeting the requirements of paragraphs (f)(1) through (4) of this 
section by December 1 of the year before the year of the deadlines for 
submission of allocations or auction results under paragraphs (f)(1)(ii) 
and (iii) of this section applicable to the first control period for 
which the State wants to make allocations or hold an auction under 
paragraph (f)(1)(ii) and (iii) of this section.
    (g) Notwithstanding the provisions of paragraph (a) of this section, 
a State listed in paragraph (c) of this section may adopt and include in 
a SIP revision, and the Administrator will approve, as TR SO2 
Group 2 allowance allocation provisions replacing the provisions in 
Sec. 97.711(a) of this chapter with regard to the control period in 
2013, a list of TR SO2 Group 2 units and the amount of TR 
SO2 Group 2 allowances allocated to each unit on such list, 
provided that the list of units and allocations meets the following 
requirements:

[[Page 83]]

    (1) All of the units on the list must be units that are in the State 
and commenced commercial operation before January 1, 2010;
    (2) The total amount of TR SO2 Group 2 allowance 
allocations on the list must not exceed the amount, under Sec. 
97.710(a) of this chapter for the State and the control period in 2013, 
of TR SO2 Group 2 trading budget minus the sum of the new 
unit set-aside and Indian country new unit set-aside;
    (3) The list must be submitted electronically in a format specified 
by the Administrator; and
    (4) The SIP revision must not provide for any change in the units 
and allocations on the list after approval of the SIP revision by the 
Administrator and must not provide for any change in any allocation 
determined and recorded by the Administrator under subpart DDDDD of part 
97 of this chapter;
    (5) Provided that:
    (i) By October 17, 2011, the State must notify the Administrator 
electronically in a format specified by the Administrator of the State's 
intent to submit to the Administrator a complete SIP revision meeting 
the requirements of paragraph (g)(1) through (4) of this section by 
April 1, 2012; and
    (ii) The State must submit to the Administrator a complete SIP 
revision described in paragraph (g)(5)(i) of this section by April 1, 
2012.
    (h) Notwithstanding the provisions of paragraph (a) of this section, 
a State listed in paragraph (c) of this section may adopt and include in 
a SIP revision, and the Administrator will approve, regulations revising 
subpart DDDDD of part 97 of this chapter as follows and not making any 
other substantive revisions of that subpart:
    (1) The State may adopt, as TR SO2 Group 2 allowance 
allocation or auction provisions replacing the provisions in Sec. Sec. 
97.711(a) and (b)(1) and 97.712(a) of this chapter with regard to the 
control period in 2014 and any subsequent year, any methodology under 
which the State or the permitting authority allocates or auctions TR 
SO2 Group 2 allowances and may adopt, in addition to the 
definitions in Sec. 97.702 of this chapter, one or more definitions 
that shall apply only to terms as used in the adopted TR SO2 
Group 2 allowance allocation or auction provisions, if such 
methodology--
    (i) Requires the State or the permitting authority to allocate and, 
if applicable, auction a total amount of TR SO2 Group 2 
allowances for any such control period not exceeding the amount, under 
Sec. Sec. 97.710(a) and 97.721 of this chapter for the State and such 
control period, of the TR SO2 Group 2 trading budget minus 
the sum of the Indian country new unit set-aside and the amount of any 
TR SO2 Group 2 allowances already allocated and recorded by 
the Administrator.
    (ii) Requires, to the extent the State adopts provisions for 
allocations or auction of TR SO2 Group 2 allowances for any 
such control period to any TR SO2 Group 2 units covered by 
Sec. 97.711(a) of this chapter, that the State or the permitting 
authority submit such allocations or the results of such auctions for 
such control period (except allocations or results of auctions to such 
units of TR SO2 Group 2 allowances remaining in a set-aside 
after completion of the allocations or auctions for which the set-aside 
was created) to the Administrator no later than the following dates:

------------------------------------------------------------------------
  Year of the control period for which TR    Deadline for submission of
  SO2 Group 2 allowances are allocated or      allocations or auction
                 auctioned                    results to administrator
------------------------------------------------------------------------
2014......................................  June 1, 2013.
2015......................................  June 1, 2013.
2016......................................  June 1, 2014.
2017......................................  June 1, 2014.
2018......................................  June 1, 2015.
2019......................................  June 1, 2015.
2020 and any year thereafter..............  June 1 of the fourth year
                                             before the year of the
                                             control period.
------------------------------------------------------------------------

    (iii) Requires, to the extent the State adopts provisions for 
allocations or auctions of TR SO2 Group 2 allowances for any 
such control period to any TR SO2 Group 2 units covered by 
Sec. Sec. 97.711(b)(1) and 97.712(a) of this chapter, that the State or 
the permitting authority submit such allocations or the results of such 
auctions (except allocations or results of auctions to such units of TR 
SO2 Group 2 allowances remaining in a set-aside after 
completion of the allocations or auctions for which the set-aside was 
created) to the Administrator by July 1 of the year of such control 
period.

[[Page 84]]

    (iv) Does not provide for any change, after the submission deadlines 
in paragraphs (h)(1)(ii) and (iii) of this section, in the allocations 
submitted to the Administrator by such deadlines and does not provide 
for any change in any allocation determined and recorded by the 
Administrator under subpart DDDDD of part 97 of this chapter;
    (2) Provided that the State must submit a complete SIP revision 
meeting the requirements of paragraph (h)(1) of this section by December 
1 of the year before the year of the deadlines for submission of 
allocations or auction results under paragraphs (h)(1)(ii) and (iii) of 
this section applicable to the first control period for which the State 
wants to make allocations or hold an auction under paragraph (h)(1)(ii) 
and (iii) of this section.
    (i) Notwithstanding the provisions of paragraph (a) of this section, 
a State listed in paragraph (c) of this section may adopt and include in 
a SIP revision, and the Administrator will approve, as correcting in 
whole or in part, as appropriate, the deficiency in the SIP that is the 
basis for the TR Federal Implementation Plan set forth in paragraphs 
(a), (c), (g), and (h) of this section, regulations that are 
substantively identical to the provisions of the TR SO2 Group 
2 Trading Program set forth in Sec. Sec. 97.702 through 97.735 of this 
chapter, except that the SIP revision:
    (1) May adopt, as TR SO2 Group 2 allowance allocation or 
auction provisions replacing the provisions in Sec. Sec. 97.711(a) and 
(b)(1) and 97.712(a) of this chapter with regard to the control period 
in 2014 and any subsequent year, any methodology under which the State 
or the permitting authority allocates or auctions TR SO2 
Group 2 allowances and that--
    (i) Requires the State or the permitting authority to allocate and, 
if applicable, auction a total amount of TR SO2 Group 2 
allowances for any such control period not exceeding the amount, under 
Sec. Sec. 97.710(a) and 97.721 of this chapter for the State and such 
control period, of the TR SO2 Group 2 trading budget minus 
the sum of the Indian country new unit set-aside and the amount of any 
TR SO2 Group 2 allowances already allocated and recorded by 
the Administrator.
    (ii) Requires, to the extent the State adopts provisions for 
allocations or auction of TR SO2 Group 2 allowances for any 
such control period to any TR SO2 Group 2 units covered by 
Sec. 97.711(a) of this chapter, that the State or the permitting 
authority submit such allocations or the results of such auctions for 
such control period (except allocations or results of auctions to such 
units of TR SO2 Group 2 allowances remaining in a set-aside 
after completion of the allocations or auctions for which the set-aside 
was created) to the Administrator no later than the following dates:

------------------------------------------------------------------------
  Year of the control period for which TR    Deadline for submission of
  SO2 Group 2 allowances are allocated or      allocations or auction
                 auctioned                    results to administrator
------------------------------------------------------------------------
2014......................................  June 1, 2013.
2015......................................  June 1, 2013.
2016......................................  June 1, 2014.
2017......................................  June 1, 2014.
2018......................................  June 1, 2015.
2019......................................  June 1, 2015.
2020 and any year thereafter..............  June 1 of the fourth year
                                             before the year of the
                                             control period.
------------------------------------------------------------------------

    (iii) Requires, to the extent the State adopts provisions for 
allocations or auctions of TR SO2 Group 2 allowances for any 
such control period to any TR SO2 Group 2 units covered by 
Sec. Sec. 97.711(b)(1) and 97.712(a) of this chapter, that the State or 
the permitting authority submit such allocations or the results of such 
auctions (except allocations or results of auctions to such units of TR 
SO2 Group 2 allowances remaining in a set-aside after 
completion of the allocations or auctions for which the set-aside was 
created) to the Administrator by July 1 of the year of such control 
period.
    (iv) Does not provide for any change, after the submission deadlines 
in paragraphs (i)(1)(ii) and (iii) of this section, in the allocations 
submitted to the Administrator by such deadlines and does not provide 
for any change in any allocation determined and recorded by the 
Administrator under subpart DDDDD of part 97 of this chapter;
    (2) May adopt, in addition to the definitions in Sec. 97.702 of 
this chapter, one or more definitions that shall apply only to terms as 
used in the TR SO2 Group

[[Page 85]]

2 allowance allocation or auction provisions adopted under paragraph 
(i)(1) of this section;
    (3) May substitute the name of the State for the term ``State'' as 
used in subpart DDDDD of part 97 of this chapter, to the extent the 
Administrator determines that such substitutions do not make substantive 
changes in the provisions in Sec. Sec. 97.702 through 97.735 of this 
chapter; and
    (4) Must not include any of the references to, or requirements 
imposed on, any unit in Indian country within the borders of the State 
in the provisions in Sec. Sec. 97.702 through 97.735 of this chapter 
and must not include the provisions in Sec. Sec. 97.711(b)(2) and 
97.712(b), all of which provisions will continue to apply under the 
portion of the TR Federal Implementation Plan that is not replaced by 
the SIP revision;
    (5) Provided that, if and when any covered unit is located in Indian 
country within the borders of the State, the Administrator may modify 
his or her approval of the SIP revision to exclude the provisions in 
Sec. Sec. 97.702 (definitions of ``common designated representative'', 
``common designated representative's assurance level'', and ``common 
designated representative's share''), 97.706(c)(2), 97.725, and the 
portions of other provisions referencing these sections and may modify 
the portion of the TR Federal Implementation Plan that is not replaced 
by the SIP revision to include these provisions;
    (6) Provided that the State must submit a complete SIP revision 
meeting the requirements of paragraphs (i)(1) through (4) of this 
section by December 1 of the year before the year of the deadlines for 
submission of allocations or auction results under paragraphs (i)(1)(ii) 
and (iii) of this section applicable to the first control period for 
which the State wants to make allocations or hold an auction under 
paragraphs (i)(1)(ii) and (iii) of this section.
    (j) Following promulgation of an approval by the Administrator of a 
State's SIP revision as correcting in whole or in part, as appropriate, 
the SIP's deficiency that is the basis for the TR Federal Implementation 
Plan, the provisions of paragraph (b) and (c) of this section, as 
applicable, will no longer apply to sources in the State, unless the 
Administrator's approval of the SIP revision is partial or conditional, 
and will continue to apply to sources in any Indian country within the 
borders of the State.
    (k) Notwithstanding the provisions of paragraph (j) of this section, 
if, at the time of such approval of the State's SIP revision, the 
Administrator has already started recording any allocations of TR 
SO2 Group 1 allowances under subpart CCCCC of part 97 of this 
chapter, or allocations of TR SO2 Group 2 allowances under 
subpart DDDDD of part 97 of this chapter, to units in a State for a 
control period in any year, the provisions of subpart CCCCC of part 97 
of this chapter authorizing the Administrator to complete the allocation 
and recordation of TR SO2 Group 1 allowances, or of subpart 
DDDDD of part 97 of this chapter authorizing the Administrator to 
complete the allocation and recordation of TR SO2 Group 2 
allowances, as applicable, to units in the State for each such control 
period shall continue to apply, unless provided otherwise by such 
approval of the State's SIP revision.

[76 FR 48357, Aug. 8, 2011, as amended at 77 FR 10334, Feb. 21, 2012]



                            Subpart B_Alabama



Sec. 52.50  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for Alabama 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 August 1, 
2008, for Alabama 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 August 1, 2008, for Alabama will be 
incorporated by reference in the next update to the SIP compilation.

[[Page 86]]

    (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 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/cfr/
ibr-locations.html.
    (c) EPA Approved Alabama Regulations.

                                        EPA Approved Alabama Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
          State citation                Title/subject      effective    EPA approval date        Explanation
                                                              date
----------------------------------------------------------------------------------------------------------------
                                      Chapter No. 335-3-1 General Provision
----------------------------------------------------------------------------------------------------------------
Section 335-3-1-.01...............  Purpose..............    6/22/89  3/19/90; 55 FR 10062
Section 335-3-1-.02...............  Definitions..........   03/30/10  09/21/10; 75 FR       Exclusion of
                                                                       57390.                propylene carbonate
                                                                                             and dimethyl
                                                                                             carbonate from VOC
                                                                                             definition.
Section 335-3-1-.03...............  Ambient Air Quality     10/13/98  3/01/99; 64 FR 9918.
                                     Standards.
Section 335-3-1-.04...............  Monitoring, Records,    10/15/96  6/06/97; 62 FR 30991
                                     and Reporting.
Section 335-3-1-.05...............  Sampling and Test        6/22/89  3/19/90; 55 FR 10062
                                     Methods.
Section 335-3-1-.06...............  Compliance Schedule..   10/15/96  6/06/97; 62 FR 30991
Section 335-3-1-.07...............  Maintenance and         10/15/89  3/19/90; 55 FR 10062
                                     Malfunctioning of
                                     Equipment; Reporting.
Section 335-3-1-.08...............  Prohibition of Air       8/10/00  12/8/00; 65 FR 76940
                                     Pollution.
Section 335-3-1-.09...............  Variances............   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-1-.10...............  Circumvention........    6/22/89  3/19/90; 55 FR 10062
Section 335-3-1-.11...............  Severability.........   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-1-.12...............  Bubble Provision.....    6/22/89  3/19/90; 55 FR 10062
Section 335-3-1-.13...............  Credible Evidence....    4/13/99  11/3/99; 64 FR 59633
Section 335-3-1-.14...............  Emissions Reporting       4/6/01  7/16/01; 66 FR 36921
                                     Requirements
                                     Relating to Budgets
                                     for NOX Emissions.
Section 335-3-1-.15...............  Emissions Inventory       4/3/03  4/24/03; 68 FR 20077
                                     Reporting
                                     Requirements.
----------------------------------------------------------------------------------------------------------------
                                   Chapter No. 335-3-2 Air Pollution Emergency
----------------------------------------------------------------------------------------------------------------
Section 335-3-2-.01...............  Air Pollution            6/22/89  3/19/90; 55 FR 10062
                                     Emergency.
Section 335-3-2-.02...............  Episode Criteria.....    8/10/00  12/8/00; 65 FR 76940
Section 335-3-2-.03...............  Special Episode          6/22/89  3/19/90; 55 FR 10062
                                     Criteria.
Section 335-3-2-.04...............  Emission Reduction       6/22/89  3/19/90; 55 FR 10062
                                     Plans.
Section 335-3-2-.05...............  Two Contaminant          6/22/89  3/19/90; 55 FR 10062
                                     Episode.
Section 335-3-2-.06...............  General Episodes.....    6/22/89  3/19/90; 55 FR 10062
Section 335-3-2-.07...............  Local Episodes.......    6/22/89  3/19/90; 55 FR 10062
Section 335-3-2-.08...............  Other Sources........   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-2-.09...............  Other Authority Not      6/22/89  3/19/90; 55 FR 10062
                                     Affected.
----------------------------------------------------------------------------------------------------------------
                          Chapter No. 335-3-3 Control of Open Burning and Incineration
----------------------------------------------------------------------------------------------------------------
Section 335-3-3-.01...............  Open Burning.........     4/4/06  6/22/06; 71 FR 35801
Section 335-3-3-.02...............  Incinerators.........    6/22/89  3/19/90; 55 FR 10062
Section 335-3-3-.03...............  Incineration of Wood,    8/10/00  12/8/00; 65 FR 76940
                                     Peanut, and Cotton
                                     Ginning Waste.
----------------------------------------------------------------------------------------------------------------
                              Chapter No. 335-3-4 Control of Particulate Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-4-.01...............  Visible Emissions....     10/15/  4/6/2011; 76 FR
                                                                1996   18870.
Section 335-3-4-.02...............  Fugitive Dust and       10/15/96  6/6/97; 62 FR 30991.
                                     Fugitive Emissions.
Section 335-3-4-.03...............  Fuel Burning            10/15/96  6/6/97; 62 FR 30991.
                                     Equipment.

[[Page 87]]

 
Section 335-3-4-.04...............  Process Industries--    10/15/96  6/6/97; 62 FR 30991.
                                     General.
Section 335-3-4-.05...............  Small Foundry Cupola.    6/22/89  3/19/90; 55 FR 10062
Section 335-3-4-.06...............  Cotton Gins..........    6/22/89  3/19/90; 55 FR 10062
Section 335-3-4-.07...............  Kraft Pulp Mills.....   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-4-.08...............  Wood Waste Boilers...    8/10/00  12/8/00; 65 FR 76940
Section 335-3-4-.09...............  Coke Ovens...........    8/10/00  12/8/00; 65 FR 76940
Section 335-3-4-.10...............  Primary Aluminum         6/22/89  3/19/90; 55 FR 10062
                                     Plants.
Section 335-3-4-.11...............  Cement Plants........   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-4-.12...............  Xylene Oxidation         6/22/89  3/19/90; 55 FR 10062
                                     Process.
Section 335-3-4-.13...............  Sintering Plants.....    6/22/89  3/19/90; 55 FR 10062
Section 335-3-4-.14...............  Grain Elevators......   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-4-.15...............  Secondary Lead          10/15/96  6/6/97; 62 FR 30991.
                                     Smelters.
Section 335-3-4-.16...............  Reserved.............
Section 335-3-4-.17...............  Steel Mills Located     10/15/96  6/6/97; 62 FR 30991.
                                     in Etowah County.
----------------------------------------------------------------------------------------------------------------
                            Chapter No. 335-3-5 Control of Sulfur Compound Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-5-.01...............  Fuel Combustions.....   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-5-.02...............  Sulfuric Acid Plants.   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-5-.03...............  Petroleum Production.    8/10/00  12/8/00; 65 FR 76940
Section 335-3-5-.04...............  Kraft Pulp Mills.....    8/10/00  12/8/00; 65 FR 76940
Section 335-3-5-.05...............  Process Industries--     6/22/89  3/19/90; 55 FR 10062
                                     General.
Section 335-3-5-.06...............  State Clean Air           4/3/07  10/1/07; 72 FR 55659
                                     Interstate Rule
                                     (CAIR) SO2 Trading
                                     Program General
                                     Provisions.
Section 335-3-5-.07...............  CAIR Designated           4/3/07  10/1/07; 72 FR 55659
                                     Representative for
                                     CAIR SO2 Sources.
Section 335-3-5-.08...............  Permits..............    04/3/07  10/1/07; 72 FR 55659
Section 335-3-5-.11...............  CAIR SO2 Allowance       04/3/07  10/1/07; 72 FR 55659
                                     Tracking System.
Section 335-3-5-.12...............  CAIR SO2 Allowance        4/3/07  10/1/07; 72 FR 55659
                                     Transfers.
Section 335-3-5-.13...............  Monitoring and            4/3/07  10/1/07; 72 FR 55659
                                     Reporting.
Section 335-3-5-.14...............  CAIR SO2 Opt-in Units     4/3/07  10/1/07; 72 FR 55659
----------------------------------------------------------------------------------------------------------------
                                Chapter No. 335-3-6 Control of Organic Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-6-.01...............  Applicability........   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-6-.02...............  VOC Water Separation.    6/22/89  3/19/90; 55 FR 10062
Section 335-3-6-.03...............  Loading and Storage      6/22/89  3/19/90; 55 FR 10062
                                     of VOC.
Section 335-3-6-.04...............  Fixed-Roof Petroleum    10/15/96  6/6/97; 62 FR 30991.
                                     Liquid Storage
                                     Vessels.
Section 335-3-6-.05...............  Bulk Gasoline Plants.   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-6-.06...............  Bulk Gasoline            8/10/00  12/8/00; 65 FR 76940
                                     Terminals.
Section 335-3-6-.07...............  Gasoline Dispensing     10/15/96  6/6/97; 62 FR 30991.
                                     Facilities--Stage I.
Section 335-3-6-.08...............  Petroleum Refinery       6/22/89  3/19/90; 55 FR 10062
                                     Sources.
Section 335-3-6-.09...............  Pumps and Compressors    6/22/89  3/19/90; 55 FR 10062
Section 335-3-6-.10...............  Ethylene Producing       6/22/89  3/19/90; 55 FR 10062
                                     Plants.
Section 335-3-6-.11...............  Surface Coating......   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-6-.12...............  Solvent Metal           10/15/96  06/6/97; 62 FR 30991
                                     Cleaning.
Section 335-3-6-.13...............  Cutback Asphalt......   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-6-.14...............  Petition for             6/22/89  3/19/90; 55 FR 10062
                                     Alternative Controls.
Section 335-3-6-.15...............  Compliance Schedules.   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-6-.16...............  Test Methods and         8/10/00  12/8/00; 65 FR 76940
                                     Procedures.
Section 335-3-6-.17...............  Manufacture of          10/15/96  6/6/97; 62 FR 30991.
                                     Pneumatic Tires.
Section 335-3-6-.18...............  Manufacture of          10/15/96  6/6/97; 62 FR 30991.
                                     Synthesized
                                     Pharmaceutical
                                     Products.
Section 335-3-6-.19...............  Reserved.............
Section 335-3-6-.20...............  Leaks from Gasoline     10/15/96  6/6/97; 62 FR 30991.
                                     Tank Trucks and
                                     Vapor Collection
                                     Systems.
Section 335-3-6-.21...............  Leaks from Petroleum    10/15/96  6/6/97; 62 FR 30991.
                                     Refinery Equipment.
Section 335-3-6-.22...............  Graphic Arts.........   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-6-.23...............  Petroleum Liquid        10/15/96  6/6/97; 62 FR 30991.
                                     Storage in External
                                     Floating Roof Tanks.
Section 335-3-6-.24...............  Applicability........   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-6-.25...............  VOC Water Separation.    6/22/89  3/19/90; 55 FR 10062
Section 335-3-6-.26...............  Loading and Storage      6/22/89  3/19/90; 55 FR 10062
                                     of VOC.
Section 335-3-6-.27...............  Fixed-Roof Petroleum    10/15/96  6/6/97; 62 FR 30991.
                                     Liquid Storage
                                     Vessels.
Section 335-3-6-.28...............  Bulk Gasoline Plants.   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-6-.29...............  Gasoline Terminals...   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-6-.30...............  Gasoline Dispensing     10/15/96  6/6/97; 62 FR 30991.
                                     Facilities Stage 1.

[[Page 88]]

 
Section 335-3-6-.31...............  Petroleum Refinery       6/22/89  3/19/90; 55 FR 10062
                                     Sources.
Section 335-3-6-.32...............  Surface Coating......   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-6-.33...............  Solvent Metal            6/22/89  3/19/90; 55 FR 10062
                                     Cleaning.
Section 335-3-6-.34...............  Cutback Asphalt......   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-6-.35...............  Petition for             6/22/89  3/19/90; 55 FR 10062
                                     Alternative Controls.
Section 335-3-6-.36...............  Compliances Schedules   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-6-.37...............  Test Methods and        10/15/96  6/6/97; 62 FR 30991.
                                     Procedures.
Section 335-3-6-.38...............  Manufacture of           6/22/89  3/19/90; 55 FR 10062
                                     Pneumatic Tires.
Section 335-3-6-.39...............  Manufacture of          10/15/96  6/6/97; 62 FR 30991.
                                     Synthesized
                                     Pharmaceutical
                                     Products.
Section 335-3-6-.40...............  Reserved.............
Section 335-3-6-.41...............  Leaks from Gasoline     10/15/96  6/6/97; 62 FR 30991.
                                     Tank Trucks and
                                     Vapor Collection
                                     Systems.
Section 335-3-6-.42...............  Leaks from Petroleum    10/15/96  6/6/97; 62 FR 30991.
                                     Refinery Equipment.
Section 335-3-6-.43...............  Graphic Arts.........    6/22/89  3/19/90; 55 FR 10062
Section 335-3-6-.44...............  Petroleum Liquid        10/15/96  6/6/97; 62 FR 30991.
                                     Storage in External
                                     Floating Roof Tanks.
Section 335-3-6-.45...............  Large Petroleum Dry     10/15/96  6/6/97; 62 FR 30991.
                                     Cleaners.
Section 335-3-6-.46...............  Aerospace Assembly       6/22/89  6/6/97; 62 FR 30991.
                                     and Component and
                                     Component Coatings
                                     Operation.
Section 335-3-6-.47...............  Leaks from Coke by-     10/15/96  6/6/97; 62 FR 30991.
                                     Product Recovery
                                     Plant Equipment.
Section 335-3-6-.48...............  Emissions from Coke     10/15/96  6/6/97; 62 FR 30991.
                                     by-Product Recovery
                                     Plant Coke Oven Gas
                                     Bleeder.
Section 335-3-6-.49...............  Manufacture of           6/22/89  3/19/90; 55 FR 10062
                                     Laminated
                                     Countertops.
Section 335-3-6-.50...............  Paint Manufacture....   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-6-.53...............  List of EPA Approved     6/26/91  9/27/91; 58 FR 50262
                                     and Equivalent Test
                                     Methods and
                                     Procedures for the
                                     Purpose of
                                     Determining VOC
                                     Emissions.
----------------------------------------------------------------------------------------------------------------
                                  Chapter No. 335-3-7 Carbon Monoxide Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-7-.01...............  Metals Productions...    6/22/89  3/19/90; 55 FR 10062
Section 335-3-7-.02...............  Petroleum Processes..    6/22/89  3/19/90; 55 FR 10062
----------------------------------------------------------------------------------------------------------------
                                  Chapter No. 335-3-8 Nitrogen Oxides Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-8-.01...............  Standards for             4/6/01  7/17/01; 66 FR 36921
                                     Portland Cement
                                     Kilns.
Section 335-3-8-.02...............  Nitric Acid             10/15/96  6/6/97; 62 FR 30991.
                                     Manufacturing.
Section 335-3-8-.03...............  NOX Emissions from      10/24/00  11/7/01; 66 FR 56223
                                     Electric Utility
                                     Generating Units.
Section 335-3-8-.04...............  Standards for            3/22/05  12/28/05; 70 FR
                                     Stationary                        76694.
                                     Reciprocating
                                     Internal Combustion
                                     Engines (Reserved).
Section 335-3-8-.05...............  NOX Budget Trading        4/3/07  10/1/07; 72 FR 55659
                                     Program.
Section 335-3-8-.06...............  Authorized Account        4/6/01  7/16/01; 66 FR 36921
                                     Representative for
                                     NOX Budget Sources.
Section 335-3-8-.07...............  Permits..............     4/6/01  7/16/01; 66 FR 36921
Section 335-3-8-.08...............  Compliance                4/6/01  7/16/01; 66 FR 36921
                                     Certification.
Section 335-3-8-.09...............  NOX Allowance             4/6/01  7/16/01; 66 FR 36921
                                     Allocations.
Section 335-3-8-.10...............  NOX Allowance             4/3/07  10/1/07; 72 FR 55659
                                     Tracking System.
Section 335-3-8-.11...............  NOX Allowance             4/6/01  7/16/01; 66 FR 36921
                                     Transfers.
Section 335-3-8-.12...............  Monitoring and            4/6/01  7/16/01; 66 FR 36921
                                     Reporting.
Section 335-3-8-.13...............  Individual Unit Opt-      4/6/01  7/16/01; 66 FR 36921
                                     ins.
Section 335-3-8-.14...............  New Combustion            4/6/01  7/16/01; 66 FR 36921
                                     Sources.
Section 335-3-8-.16...............  CAIR NOX Annual           4/3/07  10/1/07; 72 FR 55659
                                     Budget Trading
                                     Program.
Section 335-3-8-.17...............  CAIR Designated           4/3/07  10/1/07; 72 FR 55659
                                     Representative for
                                     CAIR NOX Sources.
Section 335-3-8-.18...............  CAIR Permits.........     4/3/07  10/1/07; 72 FR 55659
Section 335-3-8-.20...............  CAIR NOX Allowance        4/3/07  10/1/07; 72 FR 55659
                                     Allocations.
Section 335-3-8-.21...............  CAIR NOX Allowance        4/3/07  10/1/07; 72 FR 55659
                                     Tracking System.
Section 335-3-8-.23...............  CAIR Monitoring and       4/3/07  10/1/07; 72 FR 55659
                                     Reporting.
Section 335-3-8-.24...............  CAIR NOX Opt-in Units    04/3/07  10/1/07; 72 FR 55659
Section 335-3-8-.25...............  CAIR NOX Ozone Season     4/3/07  10/1/07; 72 FR 55659
                                     Trading Program.
Section 335-3-8-.26...............  CAIR Designated           4/3/07  10/1/07; 72 FR 55659
                                     Representative for
                                     CAIR NOX Ozone
                                     Season Sources.
Section 335-3-8-.27...............  CAIR NOX Ozone Season     4/3/07  10/1/07; 72 FR 55659
                                     Permits.

[[Page 89]]

 
Section 335-3-8-.29...............  CAIR NOX Ozone Season     4/3/07  10/1/07; 72 FR 55659
                                     Allowance
                                     Allocations.
Section 335-3-8-.30...............  CAIR NOX Ozone Season     4/3/07  10/1/07; 72 FR 55659
                                     Allowance Tracking
                                     System.
Section 335-3-8-.32...............  CAIR NOX Ozone Season     4/3/07  10/1/07; 72 FR 55659
                                     Monitoring and
                                     Reporting.
Section 335-3-8-.33...............  CAIR NOX Ozone Season     4/3/07  10/1/07; 72 FR 55659
                                     Opt-in Units.
----------------------------------------------------------------------------------------------------------------
                          Chapter No. 335-3-9 Control of Emissions from Motor Vehicles
----------------------------------------------------------------------------------------------------------------
Section 335-3-9-.01...............  Visible Emission        10/15/96  6/6/97; 62 FR 30991.
                                     Restriction for
                                     Motor Vehicles.
Section 335-3-9-.02...............  Ignition System and      8/10/00  12/8/00; 65 FR 76940
                                     Engine Speed.
Section 335-3-9-.03...............  Crankcase Ventilation    8/10/00  12/8/00; 65 FR 76940
                                     Systems.
Section 335-3-9-.04...............  Exhaust Emission         6/22/89  3/19/90; 55 FR 10062
                                     Control Systems.
Section 335-3-9-.05...............  Evaporative Loss         6/22/89  3/19/90; 55 FR 10062
                                     Control Systems.
Section 335-3-9-.06...............  Other Prohibited Acts    8/10/00  12/8/00; 65 FR 76940
Section 335-3-9-.07...............  Effective Date.......   10/15/96  6/6/97; 62 FR 30991.
----------------------------------------------------------------------------------------------------------------
                  Chapter No. 335-3-12 Continuous Monitoring Requirements for Existing Sources
----------------------------------------------------------------------------------------------------------------
Section 335-3-12-.01..............  General..............    6/22/89  3/19/90; 55 FR 10062
Section 335-3-12-.02..............  Emission Monitoring      2/17/98  9/14/98; 63 FR 49005
                                     and Reporting
                                     Requirements.
Section 335-3-12-.03..............  Monitoring System        6/22/89  3/19/90; 55 FR 10062
                                     Malfunction.
Section 335-3-12-.04..............  Alternate Monitoring     6/22/89  3/19/90; 55 FR 10062
                                     and Reporting
                                     Requirements.
Section 335-3-12-.05..............  Exemptions and           6/22/89  3/19/90; 55 FR 10062
                                     Extensions.
----------------------------------------------------------------------------------------------------------------
                               Chapter No. 335-3-13 Control of Fluoride Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-13-.01..............  General..............   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-13-.02..............  Superphosphoric Acid    10/15/96  06/6/97; 62 FR 30991
                                     Plants.
Section 335-3-13-.03..............  Diammonium Phosphate    10/15/96  6/6/97; 62 FR 30991.
                                     Plants.
Section 335-3-13-.04..............  Triple                  10/15/96  6/6/97; 62 FR 30991.
                                     Superphosphoric
                                     Plants.
Section 335-3-13-.05..............  Granular Triple         10/15/96  6/6/97; 62 FR 30991.
                                     Superphosphoric
                                     Storage Facilities.
Section 335-3-13-.06..............  Wet Process             10/15/96  6/6/97; 62 FR 30991.
                                     Phosphoric Acid
                                     Plants.
----------------------------------------------------------------------------------------------------------------
                                        Chapter No. 335-3-14 Air Permits
----------------------------------------------------------------------------------------------------------------
Section 335-3-14-.01..............  General Provisions...    2/17/98  9/14/98; 63 FR 49008
Section 335-3-14-.02..............  Permit Procedures....   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-14-.03..............  Standards for            8/10/00  12/8/00; 65 FR 76940
                                     Granting Permits.
Section 335-3-14-.04..............  Air Permits            1/18/2011  12/29/2010..........
                                     Authorizing                      75 FR 81863.........
                                     Construction in
                                     Clean Air Areas
                                     [:prevention of
                                     Significant
                                     Deterioration (PSD)].
Section 335-3-14-.05..............  Air Permits              8/10/00  12/8/00; 65 FR 76940
                                     Authorizing
                                     Construction in or
                                     Near Nonattainment
                                     Areas.
----------------------------------------------------------------------------------------------------------------
                             Chapter No. 335-3-15 Synthetic Minor Operating Permits
----------------------------------------------------------------------------------------------------------------
Section 335-3-15-.01..............  Definitions..........   10/15/96  6/6/97; 62 FR 30991.
Section 335-3-15-.02..............  General Provisions...    8/10/00  12/8/00; 65 FR 76940
Section 335-3-15-.03..............  Applicability........   11/23/93  10/20/94; 59 FR
                                                                       52916.
Section 335-3-15-.04..............  Synthetic Minor         10/15/96  6/6/97; 62 FR 30991.
                                     Operating Permit
                                     Requirements.
Section 335-3-15-.05..............  Public Participation.   10/15/96  6/6/97; 62 FR 30991.
----------------------------------------------------------------------------------------------------------------
                Chapter No. 335-3-17 Conformity of Federal Actions to State Implementation Plans
----------------------------------------------------------------------------------------------------------------
Section 335-3-17.01...............  Transportation          04/03/07  09/23/09; 74 FR
                                     Conformity.                       48384.
Section 335-3-17-.02..............  General Conformity...    3/27/98  5/11/00; 65 FR 30361
----------------------------------------------------------------------------------------------------------------
                                          Chapter No. 335-3-20 Reserved
----------------------------------------------------------------------------------------------------------------
Section 335-3-20-.01..............  Reserved.............     4/3/12  4/20/12; 77 FR        ....................
                                                                       23619.
Section 335-3-20-.02..............  Reserved.............     4/3/12  4/20/12; 77 FR        ....................
                                                                       23619.
Section 335-3-20-.03..............  Reserved.............     4/3/12  4/20/12; 77 FR        ....................
                                                                       23619.
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved Alabama source specific requirements.

[[Page 90]]



                                EPA Approved Alabama Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                  State effective
        Name of source            Permit No.            date           EPA approval date         Explanation
----------------------------------------------------------------------------------------------------------------
Lafarge Cement Kiln..........  AB70004--1--01..           2/6/2008  7/30/2009; 74 FR 37945   Certain provisions
                                                                                              of the permit.
Lehigh Cement Kiln...........  4-07-0290-03....           2/6/2008  7/30/2009; 74 FR 37945   Certain provisions
                                                                                              of the permit.
----------------------------------------------------------------------------------------------------------------

    (e) EPA Approved Alabama Non-Regulatory Provisions.

                                 EPA Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                       Applicable       State submittal
    Name of nonregulatory SIP        geographic or       date/effective    EPA approval date      Explanation
            provision              nonattainment area         date
----------------------------------------------------------------------------------------------------------------
Birmingham 1990 Baseline          Birmingham Ozone              11/13/92  6/4/99; 64 FR
 Emissions Inventory.              Nonattainment Area.                     29961.
Alabama Interagency                                              1/20/00  5/11/00; 65 FR
 Transportation Conformity                                                 30362.
 Memorandum of Agreement.
Alabama Fuel Waiver Request--     Birmingham Ozone               12/1/00  11/7/01; 66 FR
 Appendix II of Attainment         Nonattainment Area.                     56220.
 Demonstration of the 1-hour
 NAAQS for Ozone for the
 Birmingham Nonattainment Area.
Attainment Demonstration of the   Birmingham Ozone               12/1/00  11/7/01; 66 FR
 1-hour NAAQS for Ozone for the    Nonattainment Area.                     56224.
 Birmingham Nonattainment Area.
Maintenance Plan for the          Jefferson County               1/30/04  3/12/04; 69 FR
 Birmingham area.                  and Shelby County.                      11800.
8-Hour Ozone Maintenance plan     Jefferson County               1/26/06  5/12/06...........
 for the Birmingham area.          and Shelby County.
Conformity SIP for Birmingham     Jefferson County,           12/12/2008  3/26/2009; 74 FR
 and Jackson County.               Shelby County,                          13118.
                                   Jackson County.
110(a)(1) and (2) Infrastructure  Alabama............         12/10/2007  7/13/2011; 76 FR    For the 1997 8-
 Requirements for the 1997 8-                                              41088.              hour ozone NAAQS.
 Hour Ozone National Ambient Air
 Quality Standards.
Chattanooga; Fine Particulate     Jackson County.....            7/31/09  2/8/12; 77 FR 6467
 Matter 2002 Base Year Emissions
 Inventory.
----------------------------------------------------------------------------------------------------------------


[63 FR 70672, Dec. 22, 1998]

    Editorial Note: For Federal Register citations affecting Sec. 
52.50, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Note: At 77 FR 38522, June 28, 2012, Sec. 52.50(e) 
was amended by adding a new entry for ``Regional Haze Plan'' at the end 
of the table, effective July 30, 2012. For the convenience of the user, 
the added text is set forth as follows:



Sec. 52.50  Identification of plan.

                                * * * * *

    (e) * * *

                                                     EPA Approved Alabama Non-Regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  State submittal
     Name of nonregulatory SIP  provision          Applicable geographic or       date/effective      EPA approval date             Explanation
                                                      nonattainment area               date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Regional haze plan...........................  Statewide......................          7/15/2008              6/28/2012                   77 FR 38515.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 91]]



Sec. 52.51  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Alabama & Tombigbee Rivers Intrastate................          II        III       III       III           III
Columbus (Georgia)-Phenix City (Alabama) Interstate..           I        III       III       III           III
East Alabama Intrastate..............................           I        III       III       III           III
Metropolitan Birmingham Intrastate...................           I         II       III         I             I
Mobile (Alabama)-Pensacola-Panama City (Florida)-               I          I       III       III             I
 Southern Mississippi Interstate.....................
Southeast Alabama Intrastate.........................          II        III       III       III           III
Tennessee River Valley (Alabama)-Cumberland Mountains           I          I       III       III           III
 (Tennessee) Interstate..............................
----------------------------------------------------------------------------------------------------------------


[37 FR 10847, May 31, 1972]



Sec. 52.53  Approval Status.

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

[76 FR 5274, Jan. 31, 2011]



Sec. 52.54  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 and each unit located 
in the State of Alabama and for which requirements are set forth under 
the TR NOX Annual Trading Program in subpart AAAAA of part 97 
of this chapter must comply with such requirements. The obligation to 
comply with such requirements will be eliminated by the promulgation of 
an approval by the Administrator of a revision to Alabama's State 
Implementation Plan (SIP) as correcting the SIP's deficiency that is the 
basis for the TR Federal Implementation Plan under Sec. 52.38(a), 
except to the extent the Administrator's approval is partial or 
conditional.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this 
section, if, at the time of the approval of Alabama's SIP revision 
described in paragraph (a)(1) of this section, the Administrator has 
already started recording any allocations of TR NOX Annual 
allowances under subpart AAAAA of part 97 of this chapter to units in 
the State for a control period in any year, the provisions of subpart 
AAAAA of part 97 of this chapter authorizing the Administrator to 
complete the allocation and recordation of TR NOX Annual 
allowances to units in the State for each such control period shall 
continue to apply, unless provided otherwise by such approval of the 
State's SIP revision.
    (b)(1) The owner and operator of each source and each unit located 
in the State of Alabama and for which requirements are set forth under 
the TR NOX Ozone Season Trading Program in subpart BBBBB of 
part 97 of this chapter must comply with such requirements. The 
obligation to comply with such requirements will be eliminated by the 
promulgation of an approval by the Administrator of a revision to 
Alabama's State Implementation Plan (SIP) as correcting the SIP's 
deficiency

[[Page 92]]

that is the basis for the TR Federal Implementation Plan under Sec. 
52.38(b), except to the extent the Administrator's approval is partial 
or conditional.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this 
section, if, at the time of the approval of the Alabama's SIP revision 
described in paragraph (b)(1) of this section, the Administrator has 
already started recording any allocations of TR NOX Ozone 
Season allowances under subpart BBBBB of part 97 of this chapter to 
units in the State for a control period in any year, the provisions of 
subpart BBBBB of part 97 of this chapter authorizing the Administrator 
to complete the allocation and recordation of TR NOX Ozone 
Season allowances to units in the State for each such control period 
shall continue to apply, unless provided otherwise by such approval of 
the State's SIP revision.

[76 FR 48361, Aug. 8, 2011]



Sec. 52.55  Interstate pollutant transport provisions; What are the FIP 

requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each source and each unit located in 
the State of Alabama and for which requirements are set forth under the 
TR SO2 Group 2 Trading Program in subpart DDDDD of part 97 of 
this chapter must comply with such requirements. The obligation to 
comply with such requirements will be eliminated by the promulgation of 
an approval by the Administrator of a revision to Alabama's State 
Implementation Plan (SIP) as correcting the SIP's deficiency that is the 
basis for the TR Federal Implementation Plan under Sec. 52.39, except 
to the extent the Administrator's approval is partial or conditional.
    (b) Notwithstanding the provisions of paragraph (a) of this section, 
if, at the time of the approval of Alabama's SIP revision described in 
paragraph (a) of this section, the Administrator has already started 
recording any allocations of TR SO2 Group 2 allowances under 
subpart DDDDD of part 97 of this chapter to units in the State for a 
control period in any year, the provisions of subpart DDDDD of part 97 
of this chapter authorizing the Administrator to complete the allocation 
and recordation of TR SO2 Group 2 allowances to units in the 
State for each such control period shall continue to apply, unless 
provided otherwise by such approval of the State's SIP revision.

[76 FR 48361, Aug. 8, 2011]



Sec. 52.56  Review of new sources and modifications.

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

[48 FR 9860, Mar. 9, 1983]



Sec. 52.57  Control strategy: Sulfur oxides.

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

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



Sec. 52.58  Control strategy: Lead.

    The lead plan submitted by the State on March 24, 1982, is 
disapproved because it fails to provide for the attainment of the lead 
standard throughout Alabama. The lead plan submitted by the State on 
October 7, 1985, and November 13, 1986, for Jefferson County is 
conditionally approved on the condition that the State by October 1, 
1987, determine what additional control measures may be necessary, if 
any, to

[[Page 93]]

assure attainment and maintenance as expeditiously as practicable but no 
later than the applicable attainment deadline and submit those measures 
to EPA for approval, together with an appropriate demonstration of 
attainment. The provisions in the regulation submitted on October 7, 
1985, that give the Jefferson County Health Officer discretion to vary 
the requirements of the regulation are approved as limits on that 
discretion, but any variances that may result from those provisions are 
not approved in advance and hence change the applicable implementation 
plan only when approved by EPA on a case-by-case basis.

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



Sec. 52.60  Significant deterioration of air quality.

    (a) All applications and other information required pursuant to 
Sec. 52.21 from sources located in the State of Alabama shall be 
submitted to the State agency, Alabama Department of Environmental 
Management, P.O. Box 301463, Montgomery, Alabama 36130-1463, rather than 
to EPA's Region 4 office.(b) On March 24, 1987, the Alabama Department 
of Environmental Management submitted a letter committing the State of 
Alabama to require that modeling for PSD permits be done only in 
accordance with the ``Guideline on Air Quality Models (Revised)'' or 
other models approved by EPA.

[42 FR 22869, May 5, 1977, as amended at 46 FR 55518, Nov. 10, 1981; 52 
FR 48812, Dec. 28, 1987; 74 FR 55143, Oct. 27, 2009]



Sec. 52.61  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met because the plan does not include approvable procedures for 
protection of visibility in mandatory Class I Federal areas.
    (b) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated into the applicable plan for the State of Alabama.

[52 FR 45138, Nov. 24, 1987]

    Effective Date Notes: 1. At 77 FR 33656, June 7, 2012, Sec. 52.61 
was amended by revising paragraph (a) and adding a new paragraph (c), 
effective August 6, 2012. For the convenience of the user, the added and 
revised text is set forth as follows:



Sec. 52.61  Visibility protection.

    (a) Reasonably Attributable Visibility Impairment. The requirements 
of section 169A of the Clean Air Act are not met because the plan does 
not include approvable measures for meeting the requirements of 40 CFR 
51.306 for protection of visibility in mandatory Class I Federal areas.

                                * * * * *

    (c) Regional Haze. The requirements of section 169A of the Clean Air 
Act are not met because the regional haze plan submitted by Alabama on 
July 15, 2008, does not include fully approvable measures for meeting 
the requirements of 40 CFR 51.308(d)(3) and 51.308(e) with respect to 
emissions of NOX and SO2 from electric generating 
units. EPA has given limited disapproval to the plan provisions 
addressing these requirements.
    2. At 77 FR 38523, June 28, 2012, Sec. 52.61 was amended by 
removing and reserving paragraph (a), effective Aug. 7, 2012.



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

    In a letter dated May 29, 1987, the Alabama Department of Health and 
Environmental Control certified that no emission limits in the State's 
plan are based on dispersion techniques not permitted by EPA's stack 
height rules. The certification does not apply to: Alabama Electric 
Cooperative--Lowman Steam Plant; Alabama Power Company-Gorgas Steam 
Plant, Gaston Steam Plant, Greene County Steam Plant, Gadsden Steam 
Plant, Miller Steam Plant, and Barry Steam Plant; Alabama River Pulp; 
Champion International Corporation; Container Corporation of America; 
Exxon Company's Big Escambia Creek Treating Facility; General Electric's 
Burkville Plant; International Paper; Scott Paper Company; Tennessee 
Valley Authority's Colbert, and Widows Creek Steam Plant; Union Camp 
Corporation; and U.S. Steel.
    (a) Determination of Attaining Data. EPA has determined, as of 
September 20, 2010, the Birmingham, Alabama, nonattainment area has 
attaining data for the 2006 24-hour PM2.5 NAAQS. This clean 
data determination, in accordance with 40 CFR 51.1004(c), suspends

[[Page 94]]

the requirements for this area to submit an attainment demonstration, 
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 this area continues to meet 
the 2006 24-hour PM2.5 NAAQS.
    (b) Determination of Attaining Data. EPA has determined, as of May 
31, 2011, the Chattanooga, Tennessee, nonattainment area has attaining 
data for the 1997 annual PM2.5 NAAQS. This determination, in 
accordance with 40 CFR 52.1004(c), suspends the requirements for this 
area to submit an attainment demonstration, 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 this area continues to meet the 1997 annual 
PM2.5 NAAQS.
    (c) Determination of attaining data. EPA has determined, as of June 
29, 2011, the Birmingham, Alabama, nonattainment area has attaining data 
for the 1997 annual PM2.5 NAAQS. This determination, in 
accordance with 40 CFR 52.1004(c), suspends the requirements for this 
area to submit an attainment demonstration, 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 this area continues to meet the 1997 annual 
PM2.5 NAAQS.
    (d) Disapproval. EPA is disapproving portions of Alabama's 
Infrastructure SIP for the 2006 24-hour PM2.5 NAAQS 
addressing interstate transport, specifically with respect to section 
110(a)(2)(D)(i)(I).

[55 FR 5846, Feb. 20, 1990, as amended at 75 FR 57187, Sept. 20, 2010; 
76 FR 31241, May 31, 2011; 76 FR 38024, June 29, 2011; 76 FR 43136, July 
20, 2011]



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

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

[56 FR 32514, July 17, 1991]



Sec. 52.64  Determination of attainment.

    Based upon EPA's review of the air quality data for the 3-year 
period 2007-2009, EPA determined that the Chattanooga, Alabama-Georgia-
Tennessee PM2.5 nonattainment area attained the 1997 annual 
PM2.5 NAAQS by the applicable attainment date of April 5, 
2010. Therefore, EPA has met the requirement pursuant to CAA section 
179(c) to determine, based on the Area's air quality as of the 
attainment date, whether the Area attained the standard. EPA also 
determined that the Chattanooga, Alabama-Georgia-Tennessee 
PM2.5 nonattainment area is not subject to the consequences 
of failing to attain pursuant to section 179(d).

[76 FR 55575, Sept. 8, 2011]



Sec. 52.65  Control Strategy: Nitrogen oxides.

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

[57 FR 24370, June 9, 1992]



Sec. 52.66  Control Strategy: Ozone.

    (a) The redesignation request submitted by the State of Alabama, on 
March 16, 1995 for the Birmingham marginal ozone nonattainment area from 
nonattainment to attainment was disapproved on September 19, 1997.
    (b) The State of Alabama is required to submit an attainment 
demonstration SIP for the Birmingham 1-hour ozone nonattainment area by 
April 27, 2001. For purposes of the SIP revision required by this 
section, EPA may make a finding as applicable under section 179(a)(1)-
(4) of the CAA, 42 U.S.C.

[[Page 95]]

7509(a)(1)-(4), starting the sanctions process set forth in section 
179(a) of the CAA. Any such finding will be deemed a finding under Sec. 
52.31(c) and sanctions will be imposed in accordance with the order of 
sanctions and the terms for such sanctions established in Sec. 52.31.

[62 FR 49158, Sept. 19, 1997, as amended at 65 FR 64357, Oct. 27, 2000; 
65 FR 67796, Nov. 13, 2000]



Sec. 52.69  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Alabama'' and all revisions submitted by Alabama that 
were federally approved prior to December 1, 1998.
    (b) The plan was officially submitted on January 25, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Letter informing Governor of Florida of submittal of Alabama 
Implementation Plan submitted on March 21, 1972, by the Alabama Air 
Pollution Control Commission.
    (2) Compliance schedules submitted on April 18, 1972, by the Alabama 
Air Pollution Control Commission.
    (3) Clarifying comments on the plan submitted on April 28, 1972, by 
the Alabama Air Pollution Control Commission.
    (4) Semi-annual report, miscellaneous non-regulatory additions to 
the plan, compliance schedules and miscellaneous regulatory additions to 
Chapters 3, 4, 5 and 9 submitted on February 15, 1973, by the Alabama 
Air Pollution Control Commission.
    (5) Transportation control plans submitted on April 24, 1973, by the 
Alabama Air Pollution Control Commission.
    (6) Miscellaneous non-regulatory additions to the plan submitted on 
June 29, 1973, by the Alabama Air Pollution Control Commission.
    (7) Miscellaneous non-regulatory additions and complex source 
regulation, Chapter 10, submitted on September 26, 1973, by the Alabama 
Air Pollution Control Commission.
    (8) Plan revisions to Chapter 5 concerning sulfur compound emissions 
submitted on October 31, 1973, by the Alabama Air Pollution Control 
Commission.
    (9) Revision to Part 4.10, Primary Aluminum Plants, and redefinition 
of ``Solid Particulate Matter'' in section 1.2.1 submitted on May 27, 
1974, by the Alabama Air Pollution Control Commission.
    (10) AQMA identifications submitted on June 17, 1974, by the Alabama 
Air Pollution Control Commission.
    (11) Coke oven regulations, Part 4.9 excluding section 4.9.4, 
submitted on June 20, 1974, by the Alabama Air Pollution Control 
Commission.
    (12) Revised limits on particulate emissions from Portland cement 
plants, submitted on June 4, 1975, by the Alabama Air Pollution Control 
Commission.
    (13) Revised limits on sulfur dioxide and sulfuric acid mist 
emissions from sulfuric acid plants, submitted on July 25, 1975, by the 
Alabama Air Pollution Control Commission.
    (14) Revised area classification system for fuel combustion sources 
of sulfur dioxide and initial classification of Counties, submitted on 
May 1 and October 9, 1975, respectively, by the Alabama Air Pollution 
Control Commission.
    (15) Revised emergency level for photochemical oxidants (emergency 
episode control plan) submitted by the Alabama Air Pollution Control 
Commission on April 23, 1976.
    (16) Revised SO2 emissions from gas processing plants 
submitted by the Alabama Air Pollution Control Commission on July 21, 
1976.
    (17) Regulations equivalent to EPA's New Source Performance 
Standards (40 CFR part 60) and continuous monitoring requirements for 
existing stationary sources (40 CFR 51.19), submitted by the Alabama Air 
Pollution Control Commission on October 28, 1976.
    (18) Revised regulations for the charging and pushing of coke in 
existing conventional batteries, submitted by the Alabama Air Pollution 
Control Commission on July 14, 1978.
    (19) Part 4.12, dealing with particulate emissions from xylene 
oxidation, submitted by the Alabama Air Pollution Control Commission on 
September 13, 1978.
    (20) 1979 implementation plan revisions for nonattainment areas (TSP

[[Page 96]]

and ozone), submitted on April 19, 1979, (as clarified by a letter of 
August 10, 1979), by the Alabama Air Pollution Control Commission.
    (21) Revisions in permit regulations as follows: (i) Title of 
16.3.2. is changed to ``Permits to Construct in or near Nonattainment 
Areas;'' (ii) a subparagraph (9), ``Significant Impact,'' is added to 
paragraph 16.3.2.(b); (iii) paragraph 16.3.2.(c) is revised; and (iv) 
subparagraph 16.3.2.(d)(5) is deleted; these revisions were adopted on 
February 13, 1980, and submitted on February 20, 1980, by the Alabama 
Air Pollution Control Commission to correct deficiencies in the Part D 
revisions given conditional approval by EPA on November 26, 1979.
    (22) 1979 implementation plan revisions for sulfur dioxide 
nonattainment areas in Colbert, Lauderdale, and Jackson Counties, 
adopted on August 28, 1979, and submitted on September 6, 1979 by the 
Alabama Air Pollution Control Commission.
    (23) Request for an 18-month extension of the statutory deadline for 
submitting a plan to attain and maintain the secondary standard for 
sulfur dioxide in the Jackson County nonattainment area, submitted on 
September 6, 1979, by the Alabama Air Pollution Control Commission.
    (24) Revision to the State Implementation Plan to delete the 
indirect source regulations submitted by the Alabama Air Pollution 
Control Commission on December 12, 1978.
    (25) Revised emergency episode control plan, updating procedures and 
raising the alert level for ozone from 0.10 ppm to 0.15 ppm, submitted 
by the Alabama Air Pollution Control Commission on January 11, 1980.
    (26) Revision to the State Implementation Plan for an air quality 
surveillance network was submitted by the Alabama Air Pollution Control 
Commission on January 9, 1980.
    (27) Alternative compliance schedules for nine sources of volatile 
organic compounds, submitted by the Alabama Air Pollution Control 
Commission on July 3, 1980.
    (28) Revisions to Chapter 6 of the Alabama Rules and Regulations 
were submitted by the Alabama Air Pollution Control Commission on April 
1, 1981.
    (29) Alternative TSP control strategy for 3M Company's Guin plant, 
submitted on February 4, 1981, by the Alabama Air Pollution Control 
Commission.
    (30) Revisions in Chapters 12 and 13, adopting Federal NSPS and 
NESHAPS regulations by reference, submitted by the Alabama Air Pollution 
Control Commission on June 26, 1981.
    (31) Alternative compliance schedules for VOC sources, submitted on 
June 25, 1981, by the Alabama Air Pollution Control Commission.
    (32) Regulations providing for prevention of significant 
deterioration (additions to Chapter 16 of the Alabama regulations), 
submitted on January 29, 1981, by the Alabama Air Pollution Control 
Commission.
    (33) Alternative particulate control requirements for Kimberly-Clark 
Corporation's 3 bark boiler, Coosa Pines (revisions in Part 4.8 
of the Alabama regulations), submitted by the Alabama Air Pollution 
Control Commission on February 4 and August 31, 1981.
    (34) Request for 18-month extension of the deadline for submitting a 
plan to attain and maintain the secondary ambient standard for 
particulate matter in the Etowah County nonattainment area, submitted on 
May 19, 1981, by the Alabama Air Pollution Control Commission.
    (35) Revision for Jackson County secondary sulfur dioxide 
nonattainment area, submitted on June 9, 1980, by the Alabama Air 
Pollution Control Commission.
    (36) Set II VOC regulations, submitted on February 12, 1982, by the 
Alabama Air Pollution Control Commission and on May 5, 1983, by the 
Alabama Department of Environmental Management.
    (37) Provisions for new source review in nonattainment areas 
(changes in Chapter 16 of the regulations), submitted on March 31, 1981, 
by the Alabama Air Pollution Control Commission.
    (38) Bubble for Union Camp Corporation's Prattville, Alabama kraft 
pulp mill, submitted on January 21, 1983, January 20, 1984, and March 9, 
1984, by the Alabama Department of Environmental Management (ADEM).

[[Page 97]]

    (i) Incorporation by reference. (A) Alabama Department of 
Environmental Management Resolution and Regulation 4.8.4, dealing with 
control of particulate emissions from wood waste boilers, was adopted on 
December 9, 1983.
    (B) Alabama Environmental Management Commission Resolution and 
Regulation 4.7.5, dealing with particulate emissions from kraft pulp 
mills, was adopted on March 7, 1984.
    (ii) Other material. (A) None.
    (39) Changes to air permit requirements, submitted on February 19, 
1985, and on March 28, 1985, by the Alabama Department of Environmental 
Management (ADEM).
    (i) Incorporation by reference. (A) Amendment to ADEM Air Rules & 
Regulations Chapter 16.1, submitted on March 28, 1985, and State-adopted 
on March 13, 1985. Allows delegation of permitting authority to locals.
    (B) Amendment to ADEM Air Rules & Regulations Chapter 16.1, 16.2, 
16.3, and 16.4, submitted on February 19, 1985, and State-adopted on 
February 13, 1985. Consolidates Permit to Construct, Operate and 
Temporary Permit, into one Air Permit.
    (ii) Additional information. (A) None.
    (40) Visibility new source review regulations as visibility 
monitoring strategy were submitted to EPA on November 20, 1985.
    (i) Incorporated by reference. (A) Letter of November 20, 1985, from 
the Alabama Department of Environmental Management, and the following 
regulation Changes to Paragraphs 16.3.2 and 16.4 to Address Visibility 
Requirements adopted by the Alabama Environmental Management Commission 
on November 13, 1985:

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

    (ii) Additional material. (A) Narrative Visibility SIP which 
includes the State's visibility monitoring strategy.
    (41) State implementation plan revisions, submitted by the 
Department of Environmental Management on May 17, 1985.
    (i) Incorporation by reference. (A) Amendments to Alabama Department 
of Environmental Management's (ADEM) Air Rules and Regulations: addition 
of Paragraphs 4.3.5, 4.7.6, 4.7.7, 4.8.3(a), 4.8.3(b), 4.8.3(c), 
revision of Paragraph 4.8.3, adopted on October 10, 1984.
    (B) Resolution by the Alabama Environmental Management Commission 
adopting the proposed regulations into the ADEM's Air Rules and 
Regulations on October 10, 1984.
    (ii) Other material. (A) Dispersion modelling of area around 
Kimberly Clark Corporation's Talledega County facility.
    (42) State implementation plan for attainment and maintenance of the 
lead standards in all areas except Jefferson County, submitted on March 
28, 1985, by the Alabama Department of Environmental Management.
    (i) Incorporation by reference. (A) Regulation for existing 
secondary lead smelters located in Pike County, Alabama (Regulation 
4.15.6), which was adopted by the Alabama Department of Environmental 
Management on March 13, 1985. Under applicable law, EPA approval is 
required for discretionary actions of the Director of the Alabama 
Department of Environmental Management that may increase lead 
concentrations in the ambient air.
    (B) Letter of May 6, 1985 from Alabama Department of Environmental 
Management to EPA, and Regulation pertaining to secondary lead smelter 
exhaust stack gases (Regulation 4.15.3), which was adopted by the 
Alabama Air Pollution Control Commission on March 23, 1982.
    (ii) Other material. (A) Narrative SIP, titled, ``State of Alabama's 
Plan for the Attainment of the National Ambient Air Quality Standard for 
Lead,'' dated December 1984.
    (43) [Reserved]
    (44) Volatile Organic Compound regulation changes were submitted to 
EPA on September 23, 1985.
    (i) Incorporation by reference. (A) Letter of September 23, 1985 to 
EPA from

[[Page 98]]

Alabama Department of Environmental Management and changes to Chapter 6 
of the Alabama Air Pollution Control Rules and Regulations (Control of 
Volatile Organic Compounds) which were adopted by the Alabama 
Environmental Management Commission on September 18, 1985, specifically, 
the revisions to 6.1.1(a), 6.1.2, and 6.1.3 and the addition of 6.1.4 
and 6.1.5.
    (ii) Other material. None.
    (45) State implementation plan for attainment and maintenance of 
lead standards in Jefferson County, submitted on October 7, 1985, by the 
Alabama Department of Environmental Management, and on November 13, 
1986, by the Jefferson County Health Department.
    (i) Incorporation by reference. (A) Jefferson County Department of 
Health Regulation 611, Secondary Lead Smelters (excluding paragraphs 
6.11.2(a) and 6.11.2(b)) which was adopted on September 11, 1985.
    (B) November 13, 1986, letter to EPA from the Jefferson County 
Department of Health, and Appendix C of the Alabama Lead SIP for 
Jefferson County (Revised Schedule for the RACT-plus study) which was 
adopted on November 12, 1986.
    (ii) Other material. (A) Narrative SIP, entitled ``State 
Implementation Plan for the Attainment of the National Ambient Air 
Quality Standard for Lead in Jefferson County'' dated September 1984.
    (46) Stack height regulations were submitted to EPA on September 26, 
1986, by the Alabama Department of Environmental Management.
    (i) Incorporation by reference. (A) Letter of September 26, 1986, 
from the Alabama Department of Environmental Management, transmitting 
stack height regulations.
    (B) Section 16.3.3, Stack Heights, of the Alabama air pollution 
control rules and regulations, which was adopted on September 18, 1986, 
by the Alabama Environmental Management Commission.
    (ii) Other material. None.
    (47) Revisions to Alabama's New Source Review regulations were 
submitted to EPA on April 17, 1987.
    (i) Incorporation by reference. (A) Letter of April 17, 1987, from 
the Alabama Department of Environmental Management.
    (B) Revisions to Alabama regulation 16.3.2, adopted by the Alabama 
Department of Environmental Management (ADEM) on April 15, 1987.
    (ii) Other material. None.
    (48) Revised State Implementation Plan for attainment and 
maintenance of lead standards in Jefferson County, submitted on August 
5, 1988, by the Alabama Department of Environmental Management.
    (i) Incorporation by reference. (A) Air permits incorporating 
revised regulations for existing secondary lead smelters located in 
Jefferson County, Alabama (Regulation 6.11), adopted by the Jefferson 
County Board of Health on May 11, 1988.
    (B) [Reserved]
    (ii) Other material. (A) Narrative SIP, entitled ``State 
Implementation Plan for the Attainment of the National Ambient Air 
Quality Standard for Lead in Jefferson County,'' dated February 19, 
1988.
    (B) [Reserved]
    (49) SO2 revisions for Secondary Lead Smelters, submitted 
by the Alabama Department of Environmental Management on June 30, 1989.
    (i) Incorporation by reference. (A) The following revisions to 
Chapter 6 of Jefferson County Board of Health Air Pollution Control 
Rules and Regulations, which became effective June 14, 1989.
    (1) 6.11.2(o)
    (B) The following revisions to chapter 7 of Jefferson County Board 
of Health Air Pollution Control Rules and Regulations which became 
effective June 14, 1989 as follows:
    (1) 7.5.3 (3) 7.5.5
    (2) 7.5.4 (4) 7.5.6
    (ii) Additional material. (A) Letter of June 30, 1989, submitted by 
the Alabama Department of Environmental Management.
    (B) Modeling analysis for Interstate Lead Corporation which was 
submitted by Jefferson County, Alabama on April 5, 1989.
    (50) Changes in Alabama's Regulations which were submitted to EPA on 
May 29, 1987, by the Alabama Department of Health and Environmental 
Management.

[[Page 99]]

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

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

    (ii) Other material. None.
    (52) Provisions for PM10 submitted on June 29, 1988, and 
October 3, 1989, by the Alabama Department of Environmental Management.
    (i) Incorporation by reference. (A) The following revisions 
submitted on June 29, 1988, to Chapters 1, 2 and 16 were effective June 
16, 1988. These Chapters were recodified as Chapters 335-3-1, 335-3-2 
and 335-3-14, respectively, effective June 22, 1989.
    (1) Definitions--1.2.1 recodified 335-3-1-.02(1) bbb, eee, nnn, and 
yyy.
    (2) Air Pollution Emergency--Chapter 2 recodified as 335-3-2.
    (3) Permits--Chapter 16 recodified as 335-3-14, except .03(1)(g)(1).
    (B) The following revisions submitted on October 3, 1989, to 
Chapters 35-3-1 and 335-3-14 were effective September 21, 1989.
    (1) Definitions--335-1-.02 (1) (yy) and (ccc).
    (2) Permits--335-3-14.
    (i) 335-3-14-.03(1)(g)(1).
    (53) October 8, 1988, and March 15, 1989, revisions to Jefferson 
County's Implementation Plan for PM10 were submitted by the 
Alabama Department of Environmental Management. The submittal included a 
committal SIP.
    (i) Incorporation by reference. (A) The following revisions 
submitted on March 15, 1989, to chapters 1, 2, and 4 of Jefferson County 
Implementation Plan for PM10 were effective February 8, 1989.

                Chapter I--Chapter I General Provisions:

                           1.3 (Definitions):

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

    (ii) Other material. (A) March 15, 1989, letter from the Alabama 
Department of Environmental Management.
    (54)-(55) [Reserved]
    (56) Revisions to the VOC portion of the Alabama SIP were submitted 
on April 20, 1987, November 7, 1990, May 22, 1991, and October 4, 1991, 
and July 5, 1991, by the State of Alabama. These revisions were adopted 
on April 15, 1987; October 10, 1990; November 14, 1990, and May 8, 1991; 
September 18, 1991, respectively by the Jefferson County Board of 
Health.
    (i) Incorporation by reference. (A) Jefferson County Department of 
Health Air Pollution Control Program Rules and Regulations, Chapter 8 
(Control of VOC Emissions) and Chapter 1 (Definitions) effective April 
8, 1987.
    (1) Chapter 1--General Provisions: Section 1.3.
    (2) Chapter 8--Control of Volatile Organic Compound (VOC) Emissions, 
except for 8.16.13.
    (ii) Other material. None.
    (57) Revisions to Chapters 335-3-1 and 335-3-6 of the Alabama 
Department of Environmental Management Administrative Code which were 
submitted on

[[Page 100]]

October 19, 1989, and on July 5, 1991, and adopted into the Alabama 
Department of Environmental Management Administrative Code on August 16, 
1989 and June 26, 1991.
    (i) Incorporation by reference. (A) Amendments to the Alabama 
regulations 335-3-1-.02, 335-3-6-.02(1); 335-3-6-.03(1); 335-3-6-.24(1); 
335-3-6-.26; 335-3-6-.27; 335-3-6-.28; 335-3-6-.29; 335-3-6-.30; 335-3-
6-.31; 335-3-6-.32; 335-3-6-.33; 335-3-6-.34; 335-3-6-.35; 335-3-6-.36; 
335-3-6-.37 with the exception of Subsection 335-3-6-.37(10)(a); 335-3-
6-.38; 335-3-6-.39; 335-3-6-40; 335-3-6-.41; 335-3-6-.42; 335-3-6-43; 
335-3-6-44; 335-3-6-45; 335-3-6-.46; 335-3-6-.47; 335-3-6-.49; 335-3-
6-.51; 335-3-6-.53 effective July 31, 1991.
    (ii) Other material. None.
    (58) Revisions to include NO2 increment requirements in 
Chapter 2 of the SIP and the PSD regulations, Chapter 335-3-14 of the 
Alabama Department of Environmental Management Administrative Code which 
was submitted on October 22, 1990.
    (i) Incorporation by reference. (A) Revisions to 335-3-14-.04, ``Air 
Permits Authorizing Construction in Clean Air Areas,'' of the Alabama 
Department of Environmental Management Administrative Code, which became 
effective November 1, 1990.
    (ii) Other material. (A) Letter dated October 22, 1990, from the 
Alabama Department of Environmental Management.
    (B) Letter dated April 30, 1991, from the Alabama Department of 
Environmental Management regarding minimum program elements.
    (59) [Reserved]
    (60) Provisions for visible emissions were submitted by the Alabama 
Department of Environmental Management on June 11, 1979.
    (i) Incorporation by reference. (A) 335-3-4.01 Visible Emissions, 
adopted May 17, 1989.
    (ii) Other material. (A) None.
    (61) Revisions to the Alabama SIP to correct errors and to add 
offset ratios which were submitted on November 10, 1992.
    (i) Incorporation by reference. (A) Amendments to the following 
sections of the Alabama regulations--335-3-6-.04(4), 335-3-
14-.03(2)(b)15, 335-3-14-.03(2)(b)17, 335-3-14-.03(2)(b)18, 335-3-
14-.03(2)(b)20, 335-3-14-.03(2)(c)2, 335-3-14-.03(2)(e), 335-3-
14-.03(2)(g)1(i), 335-3-14-.03(2)(g)1(ii), and Appendix D--were adopted 
by the State on October 23, 1992.
    (ii) Other material. (A) Letter of November 10, 1992, from the 
Alabama Department of Environmental Management.
    (62) The Alabama Department of Environmental Management has 
submitted revisions to chapter 11 of the Alabama Statute on November 13, 
1992. These revision address the requirements of section 507 of Title V 
of the CAA and establish the Small Business Stationary Source Technical 
and Environmental Assistance Program (PROGRAM).
    (i) Incorporation by reference. (A) Alabama statute 11.1, effective 
November 13, 1993.
    (ii) Additional information. None.
    (63) Provisions for coke ovens were submitted by the Alabama 
Department of Environmental Management on September 25, 1985.
    (i) Incorporation by reference. (A) Alabama Department of 
Environmental Management Administrative Code, Chapter 335-3-4-.17, Steel 
Mills Located in Etowah County, adopted September 18, 1985.
    (ii) Other material. (A) None.
    (64) Revisions to provide synthetic minor operating permit rules 
submitted by the Alabama Department of Environmental Management on 
December 20, 1993.
    (i) Incorporation by reference. (A) Alabama Department of 
Environmental Management Air Division Administrative Code, Chapter 335-
3-4-.10, -11, -14, -15, and Appendix D, adopted November 23, 1993.
    (ii) Other material. None.
    (65) Revisions to the State of Alabama State Implementation Plan 
(SIP) concerning emission statements were submitted on November 13, 
1992, by the Alabama Department of Environmental Management.
    (i) Incorporation by reference. The Addition of Section 11.2 of the 
Alabama Regulations was effective on November 13, 1992.

[[Page 101]]

    (ii) Other material. Letter dated November 13, 1992, from the 
Alabama Department of Environmental Management.
    (66) The Alabama Department of Environmental Management has 
submitted revisions to Alabama SIP on September 28, 1993. These 
revisions address the requirements necessary to change the Leeds area of 
Jefferson County, Alabama, from nonattainment to attainment for lead. 
The submittal includes the maintenance plan for the Leeds Area.
    (i) Incorporation by reference. (A) Plan for Maintenance of the 
NAAQS for Lead in the Jefferson County (Leeds) Area after Redesignation 
to Attainment Status effective on September 28, 1993.
    (ii) Additional information. None.
    (67) [Reserved]
    (68) The State of Alabama submitted a SIP submittal to revise the 
ADEM Administrative Code for the Air Pollution Control Program on August 
14, 1995. These revisions involve changes to Chapter 335-3-14--Air 
Permits.
    (i) Incorporation by reference. (1) Amendments to the following 
sections of the Alabama regulations--335-3-14-.04, and 335-3-14-.05 
which were adopted on March 21, 1995.
    (ii) Other material. None.
    (69) The State of Alabama submitted revisions to the ADEM 
Administrative Code for the Air Pollution Control Program on October 30, 
1995, and December 14, 1995. These revisions involve changes to Chapter 
335-3-1--General Provisions.
    (i) Incorporation by reference. Section 335-3-1-.02 (gggg) of the 
Alabama regulations adopted on November 28, 1995.
    (ii) Other material. None.
    (70) The State of Alabama submitted revisions to the ADEM 
Administrative Code for the Air Pollution Control Program on October 30, 
1996. These revisions involve changes to Chapters 335-3-1, -2, -3, -4, -
5, -6, -8, -9, -12, -13, -14, Appendices C, E, and F.
    (i) Incorporation by reference. Chapters 335-3-1-.02(gggg)(23-25); 
335-3-1-.04(1-2); 335-3-1-.06(3); 335-3-1-.08; 335-3-1-.09(11); 335-3-
1-.11; 335-3-2-.02(c); 335-3-2-.08(3); 335-3-3-.01(8); 335-3-4-.01(1)(a-
b), (3); 335-3-4-.04(5); 335-3-4-.07(6-7); 335-3-4-.08(2), (3), (3)(b), 
(4)(b); 335-3-4-.09(1)(4a-b), (4)(c); 335-3-4-.11(2); 335-3-
4-.14(2)(a)2, (2)(b)3; 335-3-4-.15(5-6), (6)(e), (6)(g)1; 335-3-
4-.17(4), (7-9); 335-3-5-.01(2), (2)(b), (4); 335-3-5-.02(1-3); 335-3-
5-.03(4), (4)(b), (5)(b), (8); 335-3-5-.04(10)(d), (12)(b); 335-3-
6-.01(3-6); 335-3-6-.04(4); 335-3-6-.05(3), (4), (5)(a), (5)(f), (6), 
(7); 335-3-6-.06(3)(a), (3)(a)3, (4-5); 335-3-6-.07(1), (2)(d), (3), 
(4), (4)(c), (5)(a), (5)(c), (7); 335-3-6-.11(1)(a), (1)(b-c), (2)(a), 
(2)(b-c), (3), (3)(b-c), (4)(a), (4)(b-d), (5)(a), (5)(b-c), (6)(a), 
(6)(b-c), (7)(a), (7)(b-c), (8)(a-c), (9)(a)3, (9)(b), (10)(a), (10)(b), 
(10)(c-d), (11)(a), (11)(b), (11)(c), (11)(d-e); 335-3-6-.12(4), (5), 
(6), (6)(b)3; 335-3-6-.13(2)(a); 335-3-6-.15(1)(a), (1)(b), (2)(a), 
(2)(c), (3)(a), (3)(b), (4)(a), (4)(c-d), (5); 335-3-6-.16(1)(e)1, 
(1)(e)2I, (2)(g)1, 335-3-6-.49(1), (5)(a); 335-3-6-.50(1); 335-3-
6-.53(13); 335-3-8-.02(1); 335-3-9-.01(3); 335-3-12-.02(2); 335-3-
13-.02(3); 335-3-13.03(3); 335-3-13-.04(3); 335-3-13-.05(3); 335-3-
13-.06(3); 335-3-14-.01(1)(b-c), (1)(e), (1)(g), (1)(k), (1)(k)1-5, 
(6)(a), (6)(b), (6)(b)1, (6)(b)3, (6)(c), (7)(a)2, (7)(c-d); 335-3-
14-.02(1)(a), (4)(b-c), (4)(e)1, (4)(e)4, (5)(a-c); 335-3-14-.03(1)(g)1-
3, (1)(h)2(V), (2)(a), (2)(a)4(V), (2)(a)6(i-ii), (2)(a)7, (2)(a)7(i-
ii), (2)(a)7(I), (2)(a)(7)(II)(iii), (2)(b-c), (2)(f-g); 335-3-
14-.04(2), (2)(a)1(i-iii), (2)(b)1, (2)(c)2(i), (2)(c)4, (2)(c)6(i-ii), 
(2)(f), (2)(i), (2)(i)1, (2)(m)1, (2)(m)1(i), (2)(n)2, (2)(u)1, (2)(u)4, 
(2)(w)3, (6)5(b), (8)(a-d), (8)(e-f), (8)(g-h), (8)(h)3, (8)(k), (8)(l), 
(11)(a), (12)(a)(6-8), (12)(c), (13)(a), (15)(c), (15)(f-h), (17)(c), 
(18)(a), (18)(b)2-3, (18)(c), (18)(d), (19)(a), (19)(c); 335-3-
14-.05(2)(c)1(ii), (2)(l), (3), (3)(c), (4)(c), (4)(c)2, (4)(d), (5-6), 
(6)(c), (7)(a), (9)(c)2, (9)(d), (11), (12)(a), (13)(b)7; 335-3-
15-.01(b), (d-f), (h); 335-3-15-.02(3-4), (7)(c), (8)(f), (8)(h)2, 
(8)(h)4(i), (8)(h)4(iv), (9)(a)4(iv)1-3, (9)(a)4(iv)(V), (9)(a)6(i-ii), 
(9)(a)7, (9)(a)7(i-ii), (9)(a)7(ii)(I), (9)(a)7(iii), (9)(b-c), (9)(f-
g); 335-3-15-.04(1)(a-d), (1)(e), (1)(g-h), (2)(a)(3)(c), (4)(a-b); and 
335-3-15-.05(a) were adopted on October 15, 1996.
    (ii) Other material. None.
    (71) The State of Alabama submitted revisions to the ADEM 
Administrative Code for the Air Pollution Control Program on October 30, 
1996. These revisions involve changes to Chapters 335-3-1, 335-3-3 and 
335-3-6.
    (i) Incorporation by reference. Chapters 335-3-1-.02(gggg)(24-27), 
335-3-3-.01(9)

[[Page 102]]

and 335-3-6-.16 except for (5) were adopted on August 19, 1997.
    (ii) Other material. None.
    (72) The State of Alabama submitted revisions to the ADEM 
Administrative Code for the Air Pollution Control Program on March 5, 
1998. These revisions involve changes to Chapters 335-3-1, 335-3-12, 
335-3-14 and Appendix F.
    (i) Incorporation by reference. Rules 335-3-1-.02(gggg), 335-3-
12-.02(1)(b), 335-3-14-.01(7)(c), 335-3-14-.05(2)(c)2, 335-3-
14-.05(3)(c), and Appendix F were adopted on February 17, 1998.
    (ii) Other material. None.

[37 FR 10846, May 31, 1972. Redesignated at 63 FR 70672, Dec. 22, 1998]

    Editorial Note: For Federal Register citations affecting Sec. 
52.69, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



                            Subpart C_Alaska



Sec. 52.70  Identification of plan.

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

            Volume II. Analysis of Problems, Control Actions

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

                         Volume III. Appendices

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

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

            Volume II. Analysis of Problems, Control Actions

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

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

            Volume II. Analysis of Problems, Control Actions

Section I. Introduction
    A. Summary
    B. Air Quality Control Regions
    C. Attainment/Nonattainment Designations
Section II. Alaskan Air Quality Control Programs
    A. State Program
    B. Local Programs
    C. Resource Needs
Section III. Areawide Pollutant Control Efforts
    A. Carbon Monoxide, Subpart 1.c (Other areas)

[[Page 103]]

    B. Total Suspended Particulate Matter
    C. Ice Fog
    D. Open Burning--Forest Practices
Section IV. Point Source Control Efforts
    A. Summary
    B. Description of Source Categories and Pollutants
    C. Summary of Major Emitting Sources
    D. History of Alaskan Point Source Program
    F. Local Program Enforcement
    G. New Source Review and Approval
    H. Compliance Assurance
    I. State Air Quality Control Regulations
Section V. Ambient Air Monitoring
    B. Description of Previous Air Monitoring Network

                         Volume III. Appendices

I-1 Summary of Public Hearings, Written Testimony, etc.
I-2 Recommendations for attainment/Nonattainment designations
II-1 Alaska Statutes, except section 46.03.170
II-2 Regulations of the Fairbanks North Star Borough, except section 
8.04.070
II-3 Fairbanks North Star Borough/Alaska Department of Environmental 
Conservation Agreement
II-4 Municipality of Anchorage/Alaska Department of Environmental 
Conservation Agreement
II-5 Alaska State Department of Law Legal Opinion
IV-1 Summaries of Emission Inventories
IV-2 D. Permit to Operate for the Fairbanks Municipal Utilities System
IV-3 Testing Procedures
V-1 Air Quality Data
An amended Appendix II-5, ``Alaska State Department of Law Legal 
Opinion'' submitted by the State of Alaska Department of Environmental 
Conservation on February 29, 1980. Amendments to the January 18, 1980 
submittal, submitted by the State of Alaska Department of Environmental 
Conservation on September 29, 1982 as follows:

            Volume II. Analysis of Problems, Control Actions

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

                         Volume III. Appendices

IV-4 ADEC Ambient Analysis Procedures

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

            Volume II. Analysis of Problems, Control Actions

                          Section I. Background

A. Introduction
B. Air Quality Control Regions
C. Attainment/Nonattainment Designations
D. Prevention of Significant Deterioration Designations

              Section II. State Air Quality Control Program

             Section III. Areawide Pollutant Control Program

D. Total Suspended Particulate Matter
E. Ice Fog
F. Open Burning
G. Wood Smoke Pollution Control

                Section IV. Point Source Control Program

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

[[Page 104]]

    7. Sources under EPA Review
H. Permit Issuance Requirements

                    Section V. Ambient Air Monitoring

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

                         Volume III. Appendices

              Section II. State Air Quality Control Program

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

             Section III. Areawide Pollutant Control Program

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

                Section IV. Point Source Control Program

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

                    Section V. Ambient Air Monitoring

    ADEC Ambient Analysis Procedures

Title 18. Environmental Conservation, Chapter 50. Air Quality Control, 
Sections 021(d), 030(g), 040(a)(2), 040(c), 050(a)(2), 050(b)(4), 085, 
300(a)(1), 300(a)(7), 400(d)(6), 500(d), 500(e), 510 (Editor's Note), 
520(a), 520(b), 610(a), 620, 900(15), 900(39), 900(47), and 900(48).

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

[[Page 105]]

Pollution Episode Curtailment Actions) as adopted as an ordinance by the 
Anchorage Assembly on September 9, 1986.
    (C) Section III.C.10-1 through III.C.10-9 of Volume II (Fairbanks 
Emergency Episode Prevention Plan) as adopted as an ordinance by the 
Assembly of the Fairbanks North Star Borough on December 19, 1985.
    (D) Page number Section III.C.5-7 of Volume II (Fairbanks Inspection 
and Maintenance Design). This new page supercedes the current page 
number Section III.C.5-7 of the Alaska Air Quality Control Plan as 
adopted by the Alaska Department of Environmental Conservation on June 
26, 1987.
    (14) On June 26, 1987, the Commissioner of the Alaska Department of 
Environmental Conservation submitted revised rules regulating the height 
of stacks and the use of dispersion techniques, specifically revisions 
to 18 AAC 50.400(a), 18 AAC 50.530(c), 18 AAC 50.900(16), 18 AAC 
50.900(20), 18 AAC 50.900(23), and 18 AAC 50.900.(29), and the deletion 
of 18 AAC 50.900(17).
    (i) Incorporation by reference. (A) June 26, 1987 letter from the 
State of Alaska Department of Environmental Conservation to EPA, Region 
10.
    (B) August 11, 1987 letter from the State of Alaska Department of 
Environmental Conservation to EPA, Region 10.
    (C) 18 AAC 50.400(a) and 18 AAC 50.900 (16), (20), (23), and (29) as 
adopted by the State of Alaska Department of Environmental Conservation 
on December 31, 1986.
    (15) On September 12, 1988, the State of Alaska Department of 
Environmental Conservation submitted revisions to AAC 18 Chapter 52 
(Emission Inspection and Maintenance Requirements for Motor Vehicles). 
Those sections amended through June 2, 1988, are: 18 AAC 51.010 [Purpose 
and General Requirements] (a)(3), (b), (d), (e), and (g); 18 AAC 52.020 
[Vehicles Subject to this Chapter] (1); 18 AAC 52.070 [Waivers] (5)(A) 
through (C); and 18 AAC 52.900 [Definitions] (14).
    (i) Incorporation by reference. (A) September 12, 1988 letter from 
the State of Alaska Department of Environmental Conservation to EPA 
Region 10.
    (B) Chapter 52 [Emissions Inspection and Maintenance Requirements 
for Motor Vehicles] section 52.010 [Purpose and General Requirements 
(a)(3), (b), (d), (e), and (g); section 52.020 [Vehicles Subject to This 
Chapter] (1); section 52.070 [Waivers] (5)(A) through (C); and section 
52.900 [Definitions] (14) as adopted by the State of Alaska Department 
of Environmental Conservation on March 10, 1988.
    (16) On September 12, 1988, the State of Alaska Department of 
Environmental Conservation submitted revisions to the State of Alaska 
state implementation plan. Specifically pages IV.F.1-1 through IV.F.1-8 
of section IV.F ``Project Review Procedures'' and amendments to title 
18, chapter 50, sections 050(a)(4), 050(b), 050(d)(1), 300(a)(5)(C), 
300(a)(6)(C), 300(a)(7), 300(c), 300(g), 500(d), 510(a), 520(a), 520(b), 
and 620 of the Alaska Administrative Code.
    (i) Incorporation by reference. (A) September 12, 1988, letter from 
the State of Alaska Department of Environmental Conservation to EPA 
Region 10 submitting a revision to the Alaska state implementation plan.
    (B) Vol. II, Analysis of Problems, Control Actions, Pages IV.F.1-1 
through IV.F.1-8 of section IV.F, ``Project Review Procedures,'' revised 
June 2, 1988.
    (C) Title 18, chapter 50, (Air Quality Control) section 050 
(Industrial Processes and Fuel Burning Equipment) (a)(4), 050(b), 
050(d)(1), 300 (Permit to Operate) (a)(5)(C), 300(a)(6)(C), 300(a)(7), 
300(c), 300(g), 500 (Source Testing) (d), 510 (Ambient Analysis Methods) 
(a), 520 (Emission and Ambient Monitoring) 520(a), 520(b), and 620 (Air 
Quality Control Plan) of the Alaska Administrative Code as adopted by 
the State of Alaska Department of Environmental Conservation on March 
10, 1988 and effective on June 2, 1988.
    (17) On October 17, 1991, the State of Alaska Department of 
Environmental Conservation submitted a PM10 nonattainment 
area state implementation plan for Eagle River, Alaska.
    (i) Incorporation by reference. (A) October 15, 1991 letter from 
Alaska Department of Environmental Conservation to EPA Region 10 
submitting the

[[Page 106]]

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

[[Page 107]]

    (i) Incorporation by reference. (A) Letter dated April 8, 1994, from 
the Commissioner of ADEC to the Regional Administrator of EPA, 
submitting ``The Alaska Air Quality Small Business Assistance Program 
State Air Quality Control Plan Amendment'' to EPA; the Alaska Air 
Quality Small Business Assistance Program State Air Quality Control Plan 
Amendment (which includes Appendix A the Alaska Statutes Title 46, 
Chapter 14, Article 3), dated April 1994, and adopted April 8, 1994.
    (ii) Additional information. (A) Letter dated July 24, 1995, from 
Alaska Department of Environmental Conservation, submitting information 
necessary for approval of the SBAP revision to EPA; the July 1995 SBAP 
Update, Responses to EPA Comments, and the Air Quality/Small Business 
Assistance Compliance Advisory Panel Board Information.
    (21) On July 11, 1994 ADEC submitted a SIP revision for a basic 
motor vehicle inspection and maintenance (I/M) program in the 
Municipality of Anchorage (MOA) and the Fairbanks North Star Borough 
(FNSB).
    (i) Incorporation by reference. (A) July 11, 1994 letter from the 
Governor of Alaska to the Regional Administrator of EPA submitting 
Alaska's amendments to the Air Quality Control Plan and to 18 AAC 52, 
Emissions Inspection and Maintenance Requirements for Motor Vehicles; 
the amendments to 18 AAC 52 (52.005, .015, .020, .030, .035, .040, .045, 
.050, .055, .060, .065, .070, .075, .080, .085, .090, .095, .100, .105, 
.400, .405, .410, .415, .420, .425, .430, .440, .445, .500, .505, .510, 
.515, .520, .525, .527, .530, .535, .540, .545, .550, and .990), 
effective February 1, 1994; and the State Air Quality Control Plan, Vol. 
II: Analysis of Problems, Control Actions, Modifications to Section I, 
June 9, 1994; Vol. II: Analysis of Problems, Control Actions, 
Modifications to Section I, II, III and V, adopted January 10, 1994; 
Vol. III: Appendices, Modifications to Section III.A, June 9, 1994; Vol. 
III: Appendices, Modifications to Section III.B, June 9, 1994; and Vol. 
III: Appendices, Modifications to Section III.C, June 9, 1994.
    (22) On March 24, 1994, ADEC submitted a revision to its SIP for the 
State of Alaska addressing the attainment and maintenance of the 
National Ambient Air Quality Standards for carbon monoxide in the 
Anchorage carbon monoxide nonattainment area.
    (i) Incorporation by reference. (A) March 24, 1994 letter from 
Alaska Governor Walter Hickel to EPA Regional Administrator Chuck Clarke 
including as a revision to the SIP the State of Alaska, Department of 
Environmental Conservation, 18 AAC 53, ``Fuel Requirements for Motor 
Vehicles,'' (Article 1, 18 AAC 53.005-18 AAC 53.190 and Article 9, 18 
AAC 53.990) with amendments adopted through March 19, 1994.
    (23) On March 24, 1994, ADEC submitted a SIP revision to EPA to 
satisfy the requirements of sections 187(a)(2)(A) and 187(a)(3) of the 
CAA, forecasting and tracking VMT in the Anchorage area.
    (i) Incorporation by reference. (A) March 24, 1994 letter from the 
Alaska Governor to the EPA Regional Administrator including as a 
revision to the SIP the VMT requirement in the Anchorage area, contained 
in ADEC's State Air Quality Control Plan, Volume III: Appendices, 
Modifications to Section III.B.6, III.B.8, III.B.10 and III.B.11, 
adopted January 10, 1994; and further description on pages 10-14, 57-60 
and 69-75 contained in ADEC's State Air Quality Control Plan, Volume 
III: Appendices, Modifications to Section III.B, III.B.1, and III.B.3, 
adopted January 10, 1994.
    (24) On December 5, 1994 the Alaska Department of Environmental 
Conservation sent EPA revisions for inclusion into Alaska's SIP that 
address transportation and general conformity regulations as required by 
EPA under the CAA.
    (i) Incorporation by reference. (A) December 5, 1994 letter from the 
Governor of Alaska to EPA, Region 10, submitting amendments addressing 
transportation and general conformity revisions to the SIP:
    (1) Regulations to 18 AAC 50, Air Quality Control, including Article 
5, Procedure and Administration, 18 AAC 620; Article 6, Reserved; 
Article 7, Conformity, 18 AAC 50.700-18 AAC 50.735; Article 8, Reserved; 
and Article 9, General Provisions, 18 AAC 50.900, all of which contain 
final edits (23 pages total) by the Alaska Department of

[[Page 108]]

Law, were filed by the Lieutenant Governor on December 5, 1994 and 
effective on January 4, 1995.
    (2) Amendments to the Alaska State Air Quality Control Plan, 
``Volume II: Analysis of Problems, Control Actions,'' as revised on 
December 1, 1994, adopted by reference in 18 AAC 50.620, containing 
final edits by the Alaska Department of Law, all of which were certified 
by the Commissioner of Alaska to be the correct plan amendments, filed 
by the Alaska Lieutenant Governor on December 5, 1994 and effective on 
January 4, 1995.
    (25) On March 24, 1994, ADEC submitted a revision to its SIP for the 
State of Alaska addressing the attainment and maintenance of the NAAQS 
for CO in the Anchorage CO nonattainment area.
    (i) Incorporation by reference. (A) March 24, 1994 letter from the 
Alaska Governor to the EPA Regional Administrator including as a 
revision to the SIP the State of Alaska, Department of Environmental 
Conservation, 18 AAC 53, ``Fuel Requirements for Motor Vehicles,'' 
(Article 1, 18 AAC 53.005-18 AAC 53.190 and Article 9, 18 AAC 53.990, 
with the exception of 18 AAC 53.010(c)(2)), filed March 24, 1994 and 
effective on April 23, 1994.
    (26) Submittal to EPA from the ADEC of CO contingency measure for 
Fairbanks, AK.
    (i) Incorporation by reference. (A) Letter dated July 12, 1995 from 
the Commissioner of the ADEC to the EPA Regional Administrator 
submitting its repair technician and certification program element found 
in State regulation 18 AAC 52.400-410, effective June 24, 1994.
    (27) On October 31, 1997, ADEC submitted revisions to Fuel 
Requirements for Motor Vehicles, title 18, chapter 53 of the Alaska 
Administrative Code (18 AAC 53) regarding the use of oxygenated fuels.
    (i) Incorporation by reference. (A) Title 18, Chapter 53, Alaska 
Administrative Code (AAC), Fuel Requirements for Motor Vehicles, adopted 
October 31, 1997 (Article 1, 18 AAC 53 .005, .007, .010, .015, .020, 
.030, .035, .040, .045, .060, .070, .080, .090, .100, .105, .120, .130, 
.140, .150, .160, .170, .190; Article 9, 18 AAC 53.990).
    (28) On January 8, 1997, the Director of the Alaska Department of 
Environmental Conservation submitted the Alaska air quality regulations, 
18 Alaska Administrative Code (AAC) 50 (with the exception of 18 AAC 
50.055(a)(9), 50.085, 50.090, 50.110, 50.300(g), and 50.310(l) which 
were not submitted), as effective on January 18, 1997. On March 17, 
1998, the Director of the Alaska Department of Environmental 
Conservation resubmitted 18 AAC 50.055(a)(3) and (b)(6). EPA has 
approved the following provisions of 18 AAC 50, as effective on January 
18, 1997: Section 005; Section 010, except for subsections (7) and (8); 
Section 025; Section 030; Section 035; Section 045; Section 050; Section 
055, except for paragraph (d)(2)(B) and (a)(9); Section 060; Section 
065; Section 070; Section 075; Section 200; Section 201; Section 205; 
Section 220; Section 240; Section 245; Section 400, paragraphs (a), 
(b)(1), and (c); Section 420; Section 430; Section 900; and Section 990, 
subsections (2), (3), (4), (5), (6), (8), (9), (10), (11), (14), (15), 
(16), (17), (19), (20), (23), (24), (25), (26), (29), (31), (32), (33), 
(34), (35), (37), (39), (40), (42), (43), (45), (47), (48), (50), (51), 
(53), (58), (59), (60), (61), (62), (63), (65), (66), (67), (69), (70), 
(71), (72), (74), (75), (78), (79), (80), (81), (83), (84), (85), (86), 
(89), (90), (91), (92), (93), (94), (95), (96), (97), (99), and (100). 
On January 8, 1997, the Director of the Alaska Department of 
Environmental Conservation submitted the current Alaska Statutes for air 
pollution control, specifically the 1993 Alaska Act (Chapter 74 State 
Legislative Act 1993). EPA has approved as federally enforceable 
provisions of the SIP, the following provisions of the Alaska Statutes, 
as effective June 25, 1993: AS 46.14.510(b); AS 46.14.550; AS 46.14.560; 
AS 46.14.990(1), (2), (3), (6), (7), (8), (10), (13), (15), (16), (17), 
(18), (22), (24), and (25); and AS 45.45.400(a). On January 8, 1997, the 
Director of the Alaska Department of Conservation submitted the ``In 
Situ Burning Guidelines for Alaska (revised 5/94).''
    (i) Incorporation by reference. (A) 18 AAC 50.005; 18 AAC 50.010, 
except for subsections (7) and (8); 18 AAC 50.025; 18 AAC 50.030; 18 AAC 
50.035; 18 AAC 50.045; 18 AAC 50.050; 18 AAC 50.055, except for 
paragraphs (d)(2)(B) and (a)(9); 18 AAC 50.060; 18 AAC 50.065; 18 AAC 
50.070; 18

[[Page 109]]

AAC 50.075; 18 AAC 50.200; 18 AAC 50.201; 18 AAC 50.205; 18 AAC 50.220; 
18 AAC 50.240; 18 AAC 50.245; 18 AAC 50.400, paragraphs (a), (b)(1), and 
(c); 18 AAC 50.420; 18 AAC 50.430; 18 AAC 50.900; and 18 AAC 50.990, 
subsections (2), (3), (4), (5), (6), (8), (9), (10), (11), (14), (15), 
(16), (17), (19), (20), (23), (24), (25), (26), (29), (31), (32), (33), 
(34), (35), (37), (39), (40), (42), (43), (45), (47), (48), (50), (51), 
(53), (58), (59), (60), (61), (62), (63), (65), (66), (67), (69), (70), 
(71), (72), (74), (75), (78), (79), (80), (81), (83), (84), (85), (86), 
(89), (90), (91), (92), (93), (94), (95), (96), (97), (99), and (100); 
as effective on January 18, 1997.
    (B) AS 46.14.510(b); AS 46.14.550; AS 46.14.560; AS 46.14.990(1), 
(2), (3), (6), (7), (8), (10), (13), (15), (16), (17), (18), (22), (24), 
and (25); and AS 45.45.400(a); as effective on June 25, 1993.
    (C) Remove the following provisions of 18 AAC 50, as effective on 
June 2, 1988, from the current incorporation by reference: 18 AAC 
50.010; 18 AAC 50.070; 18 AAC 50.900, subsections (19), (27), (30), 
(45), (46), and (48).
    (29) The Environmental Protection Agency (EPA) approves various 
amendments to the Alaska State Air Quality Control Plan which are 
contained in three separate submittals to EPA, dated February 6, 1997, 
June 1, 1998, and September 10, 1998, and which include the inspection 
and maintenance program.
    (i) Incorporation by reference. (A) Air Quality Control Regulations, 
18 AAC 50.
    Effective September 4, 1998: Section 700; Section 705; Section 710 
(except for the incorporation by reference of sections 93.102(c), 93.102 
(d), 93.104(d), 93.104(e)(2), 93.109(c)-(f), 93.118(e), 93.119(f)(3), 
93.120(a)(2), 93.121(a)(1) and (b), and 93.124(b) of 40 CFR); Section 
715; and Section 720.
    (B) Emissions Inspection and Maintenance Requirements for Motor 
Vehicles 18 AAC 52.
    (1) Effective January 1, 1998: Section 005; Section 010; 015; 020; 
025; 035; 037; 050; 060, except for subsections (8)(c), (8)(d)(2) and 
(8)(e); 065; 070; 080; 085; 095; 100; 105; 400; 405; 415, except 
subsection (f)(1); 420, except subsection (a)(11); 425; 440; 500; 515; 
520, except subsection (c)(9); 525; 527; 530, except subsections (b)(3), 
(c)(4)(C) and (d)(9); 535; 540; 545; 546; 990.
    (2) Effective January 1, 1997: Section 055; 090.
    (3) Remove the following provisions of 18 AAC 52, effective January 
1, 1997: Section 060, subsection 8 (c) and 8 (e); Section 520, 
subsection (c)(9).
    (4) Remove the following provisions of 18 AAC 52, effective January 
1, 1998: Section 060, subsection 8 (d)(2); Section 415, subsection 
(f)(1); Section 420, subsection (a) (11); Section 530, subsection (b)(3) 
and (d)(9).
    (5) Remove the following provisions of 18 AAC 52, effective January 
4, 1995: Section 530, subsection (c) (4)(c).
    (C) Fuel Requirements for Motor Vehicles 18 AAC 53.
    (1) Effective October 31, 1997: Section 05; 07; 10; 20; 30; 35; 40; 
45; 60; 70; 80; 90; 200; 105; 120; 130; 140; 150; 160; 170; 190 and 
effective September 4, 1998, Section 990.
    (2) Remove the following provision of 18 AAC 53.015, Expansion of 
Control Area, effective October 31, 1997.
    (ii) Additional material. (A) Revisions to Alaska's State Air 
Quality Control Plan, Volume II: Section I, ``Background,'' I.A; I.B., 
I.C., I.D., and I.E., adopted 11/26/96; Part B--Anchorage Contingency 
Measures, adopted 5/18/98; Section II, ``State Air Quality Control 
Program,'' pages II-1 through II-4, adopted 5/18/98; Section III.A. 
``Statewide Carbon Monoxide Control Program,'' pages III.A.1-1 through 
III.A.3-4, adopted 5/18/98; III.B. ``Anchorage Transportation Control 
Program,'' pages III.B.1-1 through III.B.6-7, adopted 5/18/98; III.B.8. 
``Modeling and Projections,'' pages III.B.8-1 through III.B.9-2, adopted 
5/18/98; III.B.10, ``Anchorage Air Pollution Episode Curtailment Plan,'' 
pages III.B.10-1 and III.B.10-2, revised 12/19/93; III.B.11. ``Assurance 
of Adequacy,'' pages III.B.11-1 through III.B.11-3, revised 5/18/98; 
III.B.12. ``Emissions Budget,'' page III.B.12-1, adopted 11/26/96; and 
various CO SIP streamlining edits throughout Volume II and Volume III of 
the State Air Quality Control Plan which make the document easier to 
read and better organized, adopted 5/18/98.

[[Page 110]]

    (30) On November 1, 1999, the Alaska Department of Environmental 
Conservation (ADEC) submitted a SIP revision to revise the visible 
emission limit for coal burning boilers, during startup; shutdown; soot-
blowing; grate cleaning; or other routine maintenance activities, that 
began operation before August 17, 1971, and submitted the required 
demonstration. This SIP revision is approved for the following 
facilities that submitted the required demonstration: Golden Valley 
Electric Association (GVEA), Healy (Unit 1); Eielson Air Force 
Base, Fairbanks (6 units); Aurora Energy, Fairbanks (4 units); and Clear 
Air Force Base, Clear (3 units). Additionally, we are approving a 
revision to the definitions section that will add definitions of grate 
cleaning and soot-blowing.
    (i) Incorporation by reference. (A) 18 Alaska Administrative Code 
(AAC) 50.055(a)(9), Industrial Processes and Fuel-Burning Equipment; as 
State effective on November 4, 1999. 18 AAC 50.990, subsections (106) 
and (107), Definitions; as State effective on January 1, 2000.
    (31) The Environmental Protection Agency (EPA) approves various 
amendments to the Alaska State Air Quality Control Plan which are 
contained in two separate submittals to EPA, dated February 24, 2000 and 
February 2, 2001, and which include the inspection and maintenance and 
fuels program.
    (i) Incorporation by reference. (A) Air Quality Control Regulations, 
18 AAC 50. Effective December 30, 2000: Section 030.
    (B) Emissions Inspection and Maintenance Requirements for Motor 
Vehicles 18 AAC 52.
    (1) Effective January 1, 2000: Sections 005; 015; 020; 025; 035; 
037; 055; 060; 065; 070; 085; 100; 105; 410; 415; 420; 440; 500; 510; 
515; 520; 525; 527; 530; 535; and 540.
    (2) Effective December 30, 2000: Sections 050 and 990.
    (C) Fuel Requirements for Motor Vehicles 18 AAC 53. Effective 
December 30, 2000: Section 080.
    (32) On August 30, 2001 the Alaska Department of Environmental 
Conservation submitted revisions to the Carbon Monoxide State 
Implementation Plan for Fairbanks, Alaska.
    (i) Incorporation by reference. (A) Air Quality Control Regulations, 
18 AAC 50.030, as adopted 7/27/01, effective 9/21/01.
    (B) Assembly Ordinance 2001-17 mandating a Fairbanks North Star 
Borough motor vehicle plug-in program, as adopted 4/12/2001, effective 
4/13/01.
    (ii) Additional material. Volume II, Section III.C of the State Air 
Quality Control Plan adopted 7/27/01, effective 9/21/01; Volume III.C3, 
III.C.5, C.11, and C.12 of the Appendices; adopted 7/27/01, effective 9/
21/01.
    (33) [Reserved]
    (34) On February 18, 2004, the Alaska Department of Environmental 
Quality submitted a CO maintenance plan and requested the redesignation 
of Anchorage to attainment for CO. The State's maintenance plan, 
attainment year emissions inventory, and the redesignation request meet 
the requirements of the Clean Air Act.
    (i) Incorporation by reference. (A) 18AAC50.010, Ambient air quality 
standards, as effective June 21, 1998, except for subsections (7) and 
(8).
    (B) 18AAC50.015, Air quality designations, classifications, and 
control regions, as in effect February 20, 2004.
    (C) 18AAC53.010, Control periods and control areas, as in effect 
February 20, 2004.
    (D) 18AAC53.190, Suspension and reestablishment of control period, 
as in effect February 20, 2004.
    (E) 18AAC50.021, of the State Air Quality Control Plan, as 
referenced in (c)(19)(i)(C) of this section, effective April 23, 1994, 
is removed.
    (35) On June 21, 2004, the Alaska Department of Environmental 
Conservation submitted a carbon monoxide maintenance plan and requested 
the redesignation of Fairbanks to attainment for carbon monoxide. The 
State's maintenance plan and the redesignation request meet the 
requirements of the Clean Air Act.
    (i) Incorporation by reference. (A) 18AAC50.015, Air quality 
designations, classifications, and control regions, as in effect June 
24, 2004.
    (B) Assembly Ordinance No. 2003-71--An Ordinance amending the Carbon 
Monoxide Emergency Episode Prevention Plan including implementing a

[[Page 111]]

Woodstove Control Ordinance, adopted October 30, 2003.
    (36) On May 6, 2005 and June 30, 2006, the Alaska Department of 
Environmental Conservation (ADEC) submitted amendments to ADEC's air 
quality regulations, as revision to the State of Alaska Implementation 
Plan.
    (i) Incorporation by reference.
    (A) The following new and revised sections of ADEC's air quality 
regulations:
    (1) 18 AAC 50.080 Ice Fog Standards; State effective January 18, 
1997.
    (2) 18 AAC 50.025 Visibility and Other Special Protection Areas; 18 
AAC 50.070 Marine Vessel Visible Emission Standards. All provisions in 
this paragraph are State effective June 21, 1998.
    (3) 18 AAC 50.050 Incinerator Emission Standards; State effective 
May 3, 2002.
    (4) 18 AAC 50.005 Purpose of Chapter; 18 AAC 50.010 Ambient Air 
Quality Standards [except (7) and (8)]; 18 AAC 50.015 Air Quality 
Designations, Classifications, and Control Regions; 18 AAC 50.020 
Baseline Dates and Maximum Allowable Increases, 18 AAC 50.045 
Prohibitions; 18 AAC 50.055 Industrial Processes and Fuel-Burning 
Equipment [except (d)(2)(B)]; 18 AAC 50.100 Nonroad Engines; 18 AAC 
50.200 Information Requests; 18 AAC 50.201 Ambient Air Quality 
Investigation; 18 AAC 50.205 Certification; 18 AAC 50.215 Ambient Air 
Quality Analysis Methods [except (a)(3)]; 18 AAC 50.220 Enforceable Test 
Methods [except (c)(2)]; 18 AAC 50.245 Air Episodes and Advisories; 18 
AAC 50.250 Procedures and Criteria for Revising Air Quality 
Classifications; 18 AAC 50.301 Permit Continuity; 18 AAC 50.302 
Construction Permits; 18 AAC 50.306 Prevention of Significant 
Deterioration (PSD) Permits [except (b)(2) and (b)(3)]; 18 AAC 50.311 
Nonattainment Area Major Stationary Source Permits; 18 AAC 50.345 
Construction and Operating Permits: Standard Permit Conditions [except 
(b), (c)(3), and (l)]; 18 AAC 50.508 Minor Permits Requested by the 
Owner or Operator [except (1) and (2)]; 18 AAC 50.546 Minor Permits: 
Revisions [except (b)]; 18 AAC 50.560 General Minor Permits; 18 AAC 
50.900 Small Business. All provisions in this paragraph are State 
effective October 1, 2004.
    (5) 18 AAC 50.542 Minor Permit: Review and Issuance [except (b)(2), 
(f)(4), (f)(5), and (g)(1) but only with respect to clean units and 
pollution control projects]; State effective December 1, 2004.
    (6) 18 AAC 50.225 Owner-Requested Limits; 18 AAC 50.230 Preapproved 
Emission Limits [except (d)]; 18 AAC 50.544 Minor Permits: Content 
[except (e)]. All provisions in this paragraph are State effective 
January 29, 2005.
    (7) 18 AAC 50.035 Documents, Procedures, and Methods Adopted By 
Reference [except (b)(4)]; 18 AAC 50.040 Federal Standards Adopted by 
Reference [except (a), (b), (c), (d), (e), (g), (h)(17), (h)(18), 
(h)(19), (i)(7), (i)(8), (i)(9), and (j)]; 18 AAC 50.502 Minor Permits 
for Air Quality Protection [except (g)(1) and (g)(2)]; 18 AAC 50.540 
Minor Permit: Application [except (f) and (g)];18 AAC 50.990 Definitions 
[except (21), and (77)]. All provisions in this paragraph are State 
effective December 3, 2005.
    (B) Remove the following provisions from the current incorporation 
by reference:
    (1) 18 AAC 50.030 State Air Quality Control Plan; State effective 
September 21, 2001.
    (2) 18 AAC 50.035 (b)(4) Documents, Procedures and Methods Adopted 
by Reference; State Effective January 18, 1997.
    (3) 18 AAC 50.090 Ice Fog Limitations; State effective May 26, 1972.
    (4) 18 AAC 50.220(c)(2) Enforceable Test Methods; State effective 
January 18, 1997.
    (5) 18 AAC 50.300 Permit to Operate and 18 AAC 50.400 Application 
Review & Issuance of Permit to Operate. The provisions in this paragraph 
were State effective July 21, 1991 and April 23, 1994.
    (6) 18 AAC 50.520 Emissions and Ambient Monitoring; State effective 
July 21, 1991.
    (7) 18 AAC 50.530 Circumvention; State effective June 7, 1987.
    (8) 18 AAC 50.310 Revocation or Suspension of Permit; State 
effective May 4, 1980.
    (9) 18 AAC 50.400 Permit Administration Fees; 18 AAC 50.420 Billing 
Procedures; and 18 AAC 50.430 Appeal Procedures. The provisions of this 
paragraph were State effective January 18, 1997.

[[Page 112]]

    (10) 18 AAC 50.600 Reclassification Procedures & Criteria; State 
effective November 1, 1982.
    (11) 18 AAC 50.620 State Air Quality Control Plan; State effective 
January 4, 1995.
    (12) 18 AAC 50.900 Definitions; State effective July 21, 1991 and 
January 4, 1995.
    (ii) Additional Material.
    (A) The following section of ADEC's air quality regulations: 18 AAC 
50.030 State Air Quality Control Plan, State effective October 1, 2004.
    (37) On March 29, 2002, December 11, 2006 and June 5, 2008 the 
Alaska Department of Environmental Conservation submitted revisions to 
the SIP approved inspection and maintenance program for Carbon Monoxide. 
The SIP revisions meet the requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) The following new and revised sections of ADEC's air quality 
regulations:
    (1) 18 AAC 50.030 Air Quality Control as in effect May 17, 2008.
    (2) 18 AAC 52 Emissions Inspection and Maintenance Requirements for 
Motor Vehicles as in effect May 17, 2008.
    (3) AO 2006-13 an ordinance amending Anchorage Municipal Code 
chapters 15.80 and 15.85 to comply with State I/M regulations and to 
comply with DMV Electronic Procedures January 24, 2006 and Chapters 
15.80 and 15.85 of the Anchorage Municipal Code as approved February 14, 
2006.
    (ii) Additional material
    (A) The following revised sections of Alaska's air quality 
regulations:
    (1) State Air Quality Control Plan--Vol. II Analysis of Problems, 
Control Actions, Section II: Air Quality Program, April 4, 2008
    (2) State Air Quality Control Plan--Vol. II Analysis of Problems, 
Control Actions, Section III.A. Statewide Carbon Monoxide Control 
Program, April 4, 2008
    (3) State Air Quality Control Plan--Vol. II Analysis of Problems, 
Control Actions, Section III.C. Fairbanks Transportation Control 
Program, April 4, 2008
    (4) Amendments to State Air Quality Control Plan, Vol. III 
Appendices (Appendix III.A.2 and Appendix to III.C.3), April 4, 2008
    (5) State Air Quality Control Plan--Vol. II Analysis of Problems, 
Control Actions, Section III.B. Anchorage Transportation Control 
Program, September 19, 2006
    (6) Vol. III. Appendix to Vol. II, Sec II, September 19, 2006
    (7) Vol. III. Appendix to Vol. II, Sec III.A, September 19, 2006
    (8) Vol. III. Appendix to Vol. II, Sec III.B, September 19, 2006
    (9) Vol. III. Appendix to Vol. II, Sec III.C, September 19, 2006
    (38) On November 19, 2010, the Alaska Department of Environmental 
Conservation (ADEC) submitted a revision to the State of Alaska 
Implementation Plan that adds a definition of ``Subject to regulation'' 
as it applies to greenhouse gases in Alaska's Prevention of Significant 
Deterioration (PSD) permit rule.
    (i) Incorporation by reference. (A) The following section of ADEC's 
air quality regulations: The incorporation by reference date for 40 CFR 
52.21 in 18 AAC 50.040(h), introductory paragraph, but only with respect 
to its incorporation by reference of the definition of ``Subject to 
regulation'' in 40 CFR 52.21(b)(49) for the purpose of greenhouse gases 
only; State effective December 9, 2010.

[37 FR 10848, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.70, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.71  Classification of regions.

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

[[Page 113]]



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


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



Sec. 52.72  Approval status.

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

[37 FR 15080, July 27, 1972]



Sec. 52.73  Approval of plans.

    (a) Carbon monoxide.
    (1) Anchorage.
    (i) EPA approves as a revision to the Alaska State Implementation 
Plan, the Anchorage Carbon Monoxide Maintenance Plan (Volume II Section 
III.B of the State Air Quality Control Plan, adopted January 2, 2004, 
effective February 20, 2004 and Volume III of the Appendices adopted 
January 2, 2004, effective February 20, 2004) submitted by the Alaska 
Department of Environmental Conservation on February 18, 2004.
    (ii) EPA approves as a revision to the Alaska State Implementation 
Plan, the Anchorage Carbon Monoxide Maintenance Plan (Volume II Sections 
II, III.A and III.B of the State Air Quality Control Plan adopted August 
20, 2010, effective October 29, 2010, and Volume III of the Appendices 
adopted August 20, 2010, effective October 29, 2010) submitted by the 
Alaska Department of Environmental Conservation on September 29, 2010
    (2) Fairbanks.
    (i) EPA approves as a revision to the Alaska State Implementation 
Plan, the Fairbanks Carbon Monoxide Maintenance Plan (Volume II.C of the 
State Air Quality Control Plan, adopted April 27, 2004 and Volume III.C 
of the Appendices adopted April 27, 2004, effective June 24, 2004) 
submitted by the Alaska Department of Environmental Conservation on June 
21, 2004.
    (ii) [Reserved]
    (b) Lead. [Reserved]
    (c) Nitrogen dioxide. [Reserved]
    (d) Ozone. [Reserved]
    (e) Particulate matter. [Reserved]
    (f) Sulfur dioxide. [Reserved]

[67 FR 58712, Sept. 18, 2002, as amended at 69 FR 24936, June 23, 2004; 
69 FR 44605, July 27, 2004; 77 FR 1417, Jan. 10, 2012]



Sec. Sec. 52.74-52.75  [Reserved]



Sec. 52.76  1990 Base Year Emission Inventory.

    (a) EPA approves as a revision to the Alaska State Implementation 
Plan the 1990 Base Year Carbon Monoxide Emission Inventory for the 
Anchorage and Fairbanks areas designated as nonattainment for CO, 
submitted by the Alaska Department of Environmental Conservation on 
December 29, 1993. This submittal consists of the 1990 base year 
stationary, area, non-road mobile, and on-road mobile sources for the 
pollutant carbon monoxide.
    (b) EPA approves a revision to the Alaska State Implementation Plan, 
submitted on December 5, 1994, of the on-road mobile source portion of 
the 1990 Base Year Emission Inventory for Carbon Monoxide in Anchorage 
and Fairbanks.

[62 FR 6132, Feb. 11, 1997, as amended at 63 FR 50764, Sept. 23, 1998]

[[Page 114]]



Sec. Sec. 52.77-52.81  [Reserved]



Sec. 52.82  Extensions.

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

[61 FR 33678, June 28, 1996]



Sec. Sec. 52.83-52.95  [Reserved]



Sec. 52.96  Significant deterioration of air quality.

    (a) The State of Alaska Department of Environmental Conservation Air 
Quality Control Regulations as in effect on December 3, 2005 
(specifically 18 AAC 50.010 except (7) and (8); 50.015; 50.020; 
50.030(6) and (7); 50.035(a)(4) and (5); 50.040(h) except (17), (18), 
and (19); 50.215 except (a)(3); 50.250; 50.306 except (b)(2) and (b)(3); 
50.345 except (b), (c)(3) and (l); and 50.990 except (21) and (77)) are 
approved as meeting the requirements of part C for preventing 
significant deterioration of air quality. The introductory paragraph to 
18 AAC 50.040(h) as in effect on December 9, 2010 is also approved as 
meeting the requirements of part C for preventing significant 
deterioration of air quality, but only with respect to its incorporation 
by reference of the definition of ``Subject to regulation'' in 40 CFR 
52.21(b)(49) for the purpose of greenhouse gases only.
    (b) The requirements of sections 160 through 165 of the Clean Air 
Act are not met for Indian reservations since the plan does not include 
approvable provisions 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 
Alaska.

[72 FR 45380, Aug. 14, 2007, as amended at 76 FR 7117, Feb. 9, 2011]



Sec. 52.97  Interstate Transport for the 1997 8-hour ozone and PM2.5 NAAQS.

    On February 7, 2008, the Alaska Department of Environmental 
Conservation submitted a SIP revision to meet the requirements of Clean 
Air Act section 110(a)(2)(D)(i). EPA has approved this submittal.

[73 FR 60957, Oct. 15, 2008]



                            Subpart D_Arizona



Sec. 52.111  Toll free number assignment.

    Toll free numbers shall be made available on a first-come, first-
served basis unless otherwise directed by the Commission.

[63 FR 16441, Apr. 3, 1998]



Sec. 52.120  Identification of plan.

    (a) Title of plan: ``The State of Arizona Air Pollution Control 
Implementation Plan.''
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Letter of intent to revise plan submitted on March 1, 1972, by 
the Arizona State Board of Health.
    (2) Letter of intent to revise plan submitted on March 2, 1972, by 
the Governor.
    (3) Revised implementation plan submitted on May 30, 1972, by the 
Governor.
    (i) Maricopa County Bureau of Air Pollution Control.
    (A) Previously approved on July 27, 1972 and now deleted without 
replacement Rules 60 to 67.
    (4) Transportation control plan submitted on April 11, 1973, by the 
Governor.
    (5) Amendments (Non-regulatory) to the transportation control plan 
submitted on May 10, 1973, by the Governor.
    (6) Arizona Air Pollution Control Regulations (numbers in 
parentheses indicate recodification of regulations as identified in the 
Arizona State Implementation Plan Semi-Annual Report submitted to EPA on 
September 4, 1975).

7-1-1.1 (R9-3-101) (Policy and Legal Authority)
7-1-1.3 (R9-3-103) (Air Pollution Prohibited)
7-1-1.5 (R9-3-105) (Enforcement)
7-1-4.3 (R9-3-403) (Sulfur Emissions: Sulfite Pulp Mills)

[[Page 115]]

7-1-4.4 (R9-3-404) (Sulphur Emissions: Sulfuric Acid Plants)
7-1-4.5 (R9-3-405) (Sulphur Emissions: Other Industries)
7-1-5.1 (R9-3-501) (Storage of Volatile Organic Compounds)
7-1-5.2 (R9-3-502) (Loading of Volatile Organic Compounds)
7-1-5.3 (R9-3-503) (Organic Compound Emissions: Pumps and Compressors)
7-1-5.4 (R9-3-504) (Organic Solvents)
7-1-6.1 (R9-3-601) (Carbon Monoxide Emissions: Industrial)
7-1-7.1 (R9-3-701) (Nitrogen Oxide Emissions: Fuel Burning 
Installations)
7-1-7.2 (R9-3-702) (Nitrogen Oxide Emissions: Nitric Acid Plants
7-1-8.3 (R9-3-803) (New Installations)

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

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

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

12-1-1 (Legal Authority)
12-1-2 (Definitions)
12-1-3 (Air Pollution Prohibited)
12-2-2 (Operating Permits)
12-2-4 (Permit Fees)
12-2-5 (Permit Renewals)
12-2-7 (Testing of Installations)
12-2-8 (Compliance with Terms of Installation Permit)
12-2-9 (Notification of Denial of Permit)
12-2-10 (Appeals to the Hearing Board)
12-2-11 (Permits Not Transferable)
12-2-12 (Expiration of Installation Permit)
12-2-13 (Posting of Permits)
12-3-1 (Ambient Air Quality Standards)
12-3-2 (Emission Standards)
12-3-3 (Reporting of Emissions)
12-3-4 (Production of Records: Confidentiality)
12-3-5 (Monitoring Devices)
12-3-6 (Penalty for Violation)
12-4-1 (Shade, Density, or Opacity of Emissions)
12-4-2 (Dust Control)
12-4-3 (Processing of Animal or Vegetable Matter)
12-4-4 (Volatile and Odorous Materials)
12-4-5 (Storage and Handling of Petroleum Products)
12-5-1 (Permit Required)
12-5-2 (Performance Tests: Permit Tags)
12-5-3 (Emission Limitations)

[[Page 116]]

12-5-4 (Authority of Other Public Agencies)
12-6-1 (Unlawful Open Burning)
12-6-2 (Exceptions Requiring no Permission)
12-6-3 (Exceptions Requiring Permission)
12-6-4 (Exceptions Under Special Circumstances)
12-7-1 (Misdemeanor: Penalty)
12-7-2 (Order of Abatement)
12-7-3 (Hearings on Orders of Abatement)
12-7-5 (Notice of Hearing; Publication; Service)
12-7-6 (Injunctive Relief)

    (A) Previously approved on November 15, 1978 and now deleted without 
replacement Rules 12-7-2, 12-7-3, 12-7-5, and 12-7-6.
    (B) Previously approved on November 15, 1978 in paragraph (i) of 
this section and now deleted without replacement Rules 12-1-1 through 
12-1-3, 12-2-2, 12-2-4, 12-2-5, 12-2-7 through 12-2-13, 12-3-1, 12-3-3 
through 12-3-6, 12-4-1 through 12-4-5, 12-5-1 through 12-5-4, 12-6-1 
through 12-6-4, and 12-7-1.
    (ii) Mohave County Air Pollution Control Regulations.

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

    (A) Previously approved on November 15, 1978 in paragraph (ii) of 
this section and now deleted without replacement Rules 1-1 through 1-4, 
2-1 through 2-5, 3-1, 3-2, 3-6, 4-1, 4-2, 5-1, 6-1 through 6-4, and 7.
    (iii) Yuma County Air Pollution Control Regulations.

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

    (A) Previously approved on November 15, 1978 in paragraph (iii) of 
this section and now deleted without replacement Rules 8-1-1.1, 8-1-2.7, 
8-1-2.10, 8-1-4.2 through 8-1-4.5, 8-1-5.1 through 8-1-5.4, 8-1-6.1, 8-
1-7.1, 8-1-7.2, 8-1-8.1, and 8-1-8.2.
    (iv) Pinal-Gila Counties Air Pollution Control Regulations.

7-1-1.1 (Policy and Legal Authority)
7-1-1.2 (Definitions)
7-1-1.3 (Air Pollution Prohibited)
7-1-2.2 (Permit Unit Description and Fees)
7-1-2.4 (Appeals to Hearing Board)
7-1-2.5 (Transfer: Posting: Expirations)
7-1-2.6 (Recordkeeping and Reporting)
7-1-2.7 (Enforcement)
7-1-2.8 (Exceptions)
7-1-4.1 and 7-1-4.2 (Orders of Abatement)
7-1-5.1 (Classification and Reporting: Production of Records: Violation: 
and Penalty)

[[Page 117]]

7-1-5.2 (Special Inspection Warrant)
7-1-5.3 (Decisions of Hearing Boards: Subpoenas)
7-1-5.4 (Judicial Review: Grounds: Procedures)
7-1-5.5 (Notice of Hearing: Publication: Service)
7-1-5.6 (Injunctive Relief)
7-2-1.1 (Non-Specific Particulate)
7-2-1.2 (Sulfur Dioxide)
7-2-1.3 (Non-Methane Hydrocarbons)
7-2-1.4 (Photochemical Oxidants)
7-2-1.5 (Carbon Monoxide)
7-2-1.6 (Nitrogen Dioxide)
7-2-1.7 (Evalution)
7-2-1.8 (Anti-Degradation)
7-3-1.1 (Visible Emissions: General)
7-3-1.2 (Particulate Emissions--Fugitive Dust)
7-3-1.3 (Open Burning)
7-3-1.4 (Particulate Emissions--Incineration)
7-3-1.5 (Particulate Emissions--Wood-Waste Burners)
7-3-1.6 (Reduction of Animal or Vegetable Matter)
7-3-1.7 (Particulate Emissions--Fuel Burning Equipment)
7-3-1.8 (Particulate Emissions--Process Industries)
7-3-2.1 (Copper Smelters)
7-3-2.2 (SO2 Emissions--Fuel Burning Installations)
7-3-2.3 (SO2 Emissions--Sulfite Pulp Mills)
7-3-2.4 (SO2 Emissions--Sulfuric Acid Plants)
7-3-2.5 (Other Industries)
7-3-3.1 (Storage of Volatile Organic Compounds)
7-3-3.2 (Loading of Volatile Organic Compounds)
7-3-3.3 (Pumps and Compressors)
7-3-3.4 (Organic Solvents: Other Volatile Compounds)
7-3-4.1 (CO2 Emissions--Industrial)
7-3-5.1 (NO2 Emissions--Fuel Burning Equipment)
7-3-5.2 (NO2 Emissions--Nitric Acid Plants)
7-3-6.1 (Policy and Legal Authority)

    (A) Previously approved on November 15, 1978 and now deleted without 
replacement Rules 7-1-4.1 to 7-1-4.2 and 7-1-5.1 to 7-1-5.6.
    (B) Previously approved on November 15, 1978 and now deleted without 
replacement Rules 7-1-2.2, 7-1-2.4, 7-1-2.7, 7-2-1.3, and 7-3-6.1.
    (C) Previously approved on December 17, 1979 and now deleted without 
replacement Rule 7-3-2.5.
    (D) Previously approved on November 15, 1978 in paragraph 
(c)(18)(iv) of this section and now deleted without replacement Rules 7-
1-1.1, 7-1-1.3, 7-1-2.5, 7-1-2.6, 7-2-1.1, 7-2-1.2, 7-2-1.4, 7-2-1.5, 7-
2-1.6, 7-2-1.7, and 7-3-1.6.
    (E) Previously approved on December 17, 1979 in paragraph 
(c)(18)(iv) of this section and now deleted without replacement Rule 7-
2-1.8.
    (F) Previously approved on November 15, 1978 in paragraph 
(c)(18)(iv) of this section and now deleted without replacement with 
respect to Gila County only Rules 7-3-1.2, 7-3-1.3, 7-3-1.4, 7-3-1.5, 7-
3-1.7, 7-3-1.8, 7-3-2.2, 7-3-2.3, 7-3-2.4, 7-3-3.1, 7-3-3.2, 7-3-3.3, 7-
3-4.1, 7-3-5.1, and 7-3-5.2.
    (G) Previously approved on December 17, 1979 in paragraph 
(c)(18)(iv) of this section and now deleted without replacement with 
respect to Gila County only Rule 7-3-2.5.
    (19) Arizona Air Pollution Control Regulations:

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

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

    Rule 2 (paragraph uu-yy, Definitions); regulation II (Fuel Burning 
Equipment): Rule 2G (paragraphs 1-4c, Particulate Emissions), Rule 7A 
(paragraphs 1-6, Sulfur Dioxide Emissions), Rule 7B (paragraphs 1-4, 
Nitrogen Oxide Emission); Regulation VI: Rule 1A-H, (Ambient Air Quality 
Standards); Regulation VII (paragraph A-D, Standards of Performance for 
New Stationary Sources);

[[Page 118]]

and Regulation VIII (paragraphs A-C, Emission Standards for Hazardous 
Air Pollutants)) submitted on September 30, 1976 by the Director, 
Arizona Department of Health Services (the Governor's official 
representative).

    (22)-(23) [Reserved]
    (24) Arizona Air Pollution Control Regulations R9-3-1002 
(Definitions); R9-3-1003 (Vehicles To Be Inspected by the Mandatory 
Vehicular Emissions Inspection Program); R9-3-1004 (State Inspection 
Requirements); R9-3-1005 (Time of Inspections); R9-3-1006 (Mandatory 
Vehicular Emissions Inspection); R9-3-1007 (Evidence of Meeting State 
Inspection Requirements); R9-3-1008 (Procedure for Issuing Certificates 
of Waiver); R9-3-1010 (Low Emissions Tune Up); R9-3-1011 (Inspection 
Report); R9-3-1012 (Inspection Procedure and Fee); R9-3-1013 
(Reinspections); R9-3-1016 (Licensing of Inspectors); R9-3-1017 
(Inspection of Governmental Vehicles); R9-3-1018 (Certificate of 
Inspection); R9-3-1019 (Fleet Station Procedures and Permits); R9-3-1022 
(Procedure for Waiving Inspections Due to Technical Difficulties); R9-3-
1023 (Certificate of Exemption); R9-3-1025 (Inspection of State 
Stations); R9-3-1026 (Inspection of Fleet Stations); R9-3-1027 
(Registration of Repair Industry Analyzers); R9-3-1029 (Vehicle Emission 
Control Devices); and R9-3-1030 (Visible Emissions; Diesel-Powered 
Locomotives); submitted on February 11, 1977.
    (25) [Reserved]
    (26) Maricopa County Air Pollution Control District Regulation IV, 
rule 41, paragraph B (Continuously Monitoring and Recording Emissions) 
submitted on July 29, 1977.
    (27) The following amendments to the plan were submitted on January 
4, 1979 by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.
    (A) R-9-3-101, A., Nos. 2, 3, 29, 41, 53, 55, 87, 88, 89, 91, 92, 
95, 100 and 117; R9-3-301, paragraphs D, J, and N; R9-3-306, paragraphs 
D and J; and R9-3-307, paragraphs C and E.
    (B) New or amended Rules R9-3-101 (Nos. 1, 4, 6, (a, c, and d), 8, 
9, 11, 13, 17 to 26, 28, 30 to 35, 37 to 40, 43 to 45, 48, 49, 54, 57 to 
59, 61 to 73, 77 to 80, 82, 83, 86, 90, 94, 96, 98, 101, 102, 104, 105, 
107 to 115, 118 to 120, 122, to 129, and 131), R9-3-217, R9-3-218, R9-3-
219, R9-3-308, R9-3-310 (Paragraph C), R9-3-311 (Paragraph A), R9-3-312, 
R9-3-313 (Paragraphs A.1, A.2.b, A.3, A.4, B to D.1, D.3, D.4.a to 
F.1.2.iii, F.1.b., and F.2.b. to F.4), R9-3-314 to R9-3-319, R9-3-402 to 
R9-3-404, R9-3-406, R9-3-407, R9-3-409, R9-3-410, R9-3-502 (Paragraphs 
B, C, C.2, and D to G), R9-3-503 (Paragraph A), R9-3-504 (Paragraphs B 
and C), R9-3-505 (Paragraphs A, B.1.b., B.2.b, and B.3 to D), R9-3-506 
(Paragraphs A.2, B, C.1.a to C.4), R9-3-507 (Paragraphs D to F), R9-3-
508 (Paragraphs A and C), R9-3-510 (Paragraphs B to E), R9-3-511 
(Paragraph B), R9-3-512 (Paragraph B), R9-3-513 (Paragraphs B and C), 
R9-3-514 (Paragraphs B and C), R9-3-516 (Paragraph B), R9-3-517 
(Paragraphs B and C), R9-3-518 (Paragraphs B and C), R9-3-519 
(Paragraphs A.2, A.3.a to A.3.c, A.3.e and B to C), R9-3-520 (Paragraphs 
B and C), R9-3-521 (Paragraphs B to D), R9-3-522 (Paragraphs A.1 to A.5, 
B and C), R9-3-523 (Paragraph B), R9-3-524 (Paragraphs C, D.1, D.2, D.4 
to G.5), R9-3-525 (Paragraphs B to D), R9-3-526, R9-3-527, R9-3-528 
(Paragraphs B to E and F.1 to F.4), R9-3-601 to R9-3-605, R9-3-1101, R9-
3-1102, Appendix 10 (Sections A10.1.3.3, A10.1.4. and A10.2.2 to 
A10.3.4.) and Appendix 11.
    (28) The following amendments to the plan were submitted on January 
18, 1979 by the Governor's designee.
    (i) Maricopa County Bureau of Air Pollution Control Rules and 
Regulations.
    (A) Rule 33, Storage and Handling of Petroleum Products.
    (B) New or amended Rules 21G and 41.
    (29) The following amendments to the plan were submitted on January 
23, 1979, by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.
    (A) Arizona Testing Manual for Air Pollutant Emissions (excluding 
Sections 2.0 and 5.0).
    (30) Redesignation of AQCR's in Arizona, submitted on January 26, 
1979, by the Governor.
    (31) Revisions to the Arizona Air Pollution Control Regulations 
submitted on March 21, 1979:

    R9-3-1002 (22,34); R9-3-1003 [A(A8-11),B,C]; R9-3-1005 [A, (A3)]; 
R9-3-1006 [A,(A1,2),B, (B2,3,4,5),D,E, (E1(c),2(c)),F,G, (G1,2), Table

[[Page 119]]

II]; R9-3-1008 [B,(B1,2,6,7)]; R9-3-1010 [A,(A3),C,D,F]; R9-3-1011 
[A,B,(B1,2,3)];R9-3-1012(b); R9-3-1014; R9-3-1017 [B,(B4), C, E]; R9-3-
1019 [A,B,D, D(1)(a)(i), D(1)(a)(ii)(6), D(1)(a)(iii), D(1)(c), 
D(1)(f)(11), H, (H1,2), I(I8,9,10,11,12,13), J, (J10), L, M, N, (N1,2)]; 
R9-3-(C,E); R9-3-1022(B); R9-3c-091023(A,B); R9-3-1027(F).

    (32) The following amendments to the plan were submitted on February 
23, 1979 by the Governor's designee.
    (i) Nonatainment Area Plan for Carbon Monoxide and Photochemical 
Oxidants, Maricopa County Urban Planning Area.
    (33) The Metropolitan Pima County Nonattainment Area Plan for CO was 
submitted by the Governor's designee on March 20, 1979.
    (34) The Metropolitan Pima County Nonattainment Area Plan for TSP 
was submitted by the Governor's designee on March 27, 1979.
    (35) The following amendments to the plan were submitted on April 
10, 1979, by the Governor's designee.
    (i) Yuma County Air Pollution Control District.
    (A) New or amended Rules 8-1-1.2 8-1-1.3 thru 8-1-1.6 and 8-1-1.8 
thru 8-1-1.13; 8-1-2.1 thru 8-1-2.6 and 8-1-2.8; 8-1-3.1 thru 8-1-3.6, 
8-1-3.7 (except paragraph ``F'') and 8-1-3.8 thru 8-1-3.20; and 
Appendices I and II.
    (B) Previously approved on April 12, 1982 in paragraph (i)(A) of 
this section and now deleted without replacement Rules 8-1-1.2 through 
8-1-1.6, 8-1-1.8 through 8-1-1.13, 8-1-2.1 through 8-1-2.6, 8-1-2.8, 8-
1-3.1 through 8-1-3.20, Appendix I, and Appendix II.
    (36) The following amendments to the plan were submitted on July 3, 
1979 by the Governor's designee.
    (i) Revision to the Nonattainment Area Plan for Carbon Monoxide and 
Photochemical Oxidants, Maricopa County Urban Planning Area.
    (37) The following amendments to the plan were submitted on 
September 20, 1979 by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.
    (A) New or amended rule R9-3-515 (Paragraphs C.1.a. to C.1.h.; C.2; 
C.3, C.3.b., C.3.c., and C.3.h.; C.4.c. to C.4.g. and C.4.i.; C.5 and 
C.5.b. to C.5.d.; C.6.b.i. to C.6.b.iii., C.6.b.vi., C.6.b.vii., and 
C.6.c.; and C.8.).
    (ii) ``ASARCO Incorporated, Hayden Copper Smelter, State 
Implementation Plan Determination of Good Engineering Practice Stack 
Height,'' September 17, 1979, issued by ADHS.
    (38) The following amendment to the plan were submitted on October 
9, 1979, by the Governor's designee.
    (i) Pima County Health Department.
    (A) New or amended Regulation 10: Rules 101-103; Regulation 11: 
Rules 111-113; Regulation 12: Rules 121-123; Regulation 13: Rules 131-
137; Regulation 14: Rules 141 and 143-147; Regulation 15: Rule 151; 
Regulation 16: Rules 161-165; Regulation 17: Rules 172-174; Regulation 
18: Rules 181 and 182; Regulation 20: Rules 201-205; Regulation 21: 
Rules 211-215; Regulation 22: Rules 221-226; Regulation 23: Rules 231-
232; Regulation 24: Rules 241 and 243-248; Regulation 25: Rules 251 and 
252; Regulation 30: Rules 301 and 302; Regulation 31: Rules 312-316 and 
318; Regulation 32: Rule 321; Regulation 33: Rules 331 and 332; 
Regulation 34: Rules 341-344; Regulation 40: Rules 402 and 403; 
Regulation 41: 411-413; Regulation 50: Rules 501-503 and 505-507; 
Regulation 51: Rules 511 and 512; Regulation 60: Rule 601; Regulation 
61: Rule 611 (Paragraph A.1 to A.3) and Rule 612; Regulation 62: Rules 
621-624; Regulation 63: Rule 631; Regulation 64: Rule 641; Regulation 
70: Rules 701-705 and 706 (Paragraphs A to C, D.3, D.4, and E); 
Regulation 71: Rules 711-714; Regulation 72: Rules 721 and 722; 
Regulation 80: Rules 801-804; Regulation 81: Rule 811; Regulation 82: 
Rules 821-823; Regulation 90: Rules 901-904; Regulation 91: Rule 911 
(except Methods 13-A, 13-B, 14, and 15), and Rules 912 and 913; 
Regulation 92: Rules 921-924; and Regulation 93: Rules 931 and 932.
    (1) Previously approved on April 16, 1982 in paragraph (c)(38)(i)(A) 
of this section and now deleted from the SIP without replacement Pima 
County Health Department Regulations: Regulation 13: Rules 131-137; 
Regulation 16: Rule 164; Regulation 18: Rules 181 and 182; Regulation 
20: Rule 205; Regulation 21: Rule 214; and Regulation 24: Rules 245-248.
    (B) New or amended Regulation 17: Rule 171, paragraphs B.1, B.1.a, 
B.7, B.8, C.1.a, C.1.b, C.2.a, C.2.c, C.2.d, C.3.a, and E.1.b; 
Regulation 42: Rules 421, 422, 423,

[[Page 120]]

424, 425, and 426; and Regulation 50: Rule 504.
    (C) Previously approved on April 16, 1982 and now deleted without 
replacement Rules 141, 143 to 147, 702, 711 to 714.
    (39) The following amendments to the plan were submitted on November 
8, 1979 by the Governor's designee.
    (i) Nonattainment Area Plan for Total Suspended Particulates, 
Maricopa County Urban Planning Area.
    (40) [Reserved]
    (41) The following amendments to the plan were submitted on February 
15, 1980, by the Governor's designee.
    (i) 1.0 Air Quality Surveillance Network.
    (42) The Technical Basis of New Source Review Regulations, Pima 
County, Arizona, February 6, 1980 (AQ-125-a) was submitted by the 
Governor's designee on February 28, 1980.
    (43) The following amendments to the plan were submitted on April 1, 
1980 by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.
    (A) R9-3-101, A., Nos. 7, 27, 46, 52, 54, 72, 73, 74, 81, 84, 85, 
86, 88, 89, 92, 96, 97, 98, 111, 117, 118, and 122; R9-3-301, paragraphs 
B-1, B-2, C, E, F, H, I, J, K, M, N, O, P, and Q; R9-3-302, (except 
paragraphs D, E, and I); R9-3-303; R9-3-306, paragraphs B-2, C-1, C-3, 
and C-5 to C-7, E, F, G-1, G-3, G-4, H, and I; and R9-3-307, paragraphs 
A, B, D, and F.
    (B) New or amended Rules R9-3-101 (Nos. 5, 15, 16, 42, 49, 51, 55, 
94, 101, 103, 106, 126, 127, and 133), R9-3-201 (paragraph D.2), R9-3-
202 (Paragraph D.2), R9-3-203 (Paragraph D.2), R9-3-204 (Paragraph C.2), 
R9-3-205 (Paragraph C.2), R9-3-206 (Paragraph C.2), R9-3-207 (Paragraph 
C.2), R9-3-313 (Paragraph F.1.a.i and ii), R9-3-401, R9-3-405, R9-3-408, 
R9-3-501 (Paragraph A to C), R9-3-502 (Paragraph A to A.4), R9-3-503 
(Paragraphs B, C.1,C.2.a. to C.2.f., C.4 and C.5), R9-3-504 (Paragraph 
A.1 to A.4), R9-3-508 (Paragraph B.1 to B.6), R9-3-510 (Paragraph A.1 
and A.2), R9-3-511 (Paragraph A.1 to A.5), R9-3-512 (Paragraph A.1 to 
A.5), R9-3-513 (Paragraph A.1 to A.5), R9-3-514 (Paragraph A.2), R9-3-
516 (Paragraph A.1 to A.6), R9-3-517 (Paragraph A.1 to A.5), R9-3-518 
(Paragraph A.1 to A.5), R9-3-520 (Paragraph A.1 to A.6), R9-3-521 
(Paragraph A.1 to A.5), and Appendices 1 and 2.
    (ii) Arizona Lead SIP Revision.
    (44) The following amendments to the plan were submitted on June 23, 
1980 by the Governor's designee.
    (i) Maricopa County Bureau of Air Pollution Control Rules and 
Regulations.
    (A) Rule 34, Organic Solvents.
    (B) New or amended Rules 2 (except 49 and 57), 3, 24, 25, 
25, 26, 27, 30, 31(A), (B), and (H), 32, (G), (H), (J), and (K), 40, 70-
72, and 74 and deletion of ``ee''.
    (45) The following amendments to the plan were submitted on July 17, 
1980 by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.
    (A) R-9-3-101, A., Nos. 73, 74, 75, 83, 86, 87, 88, 90, 91, 94, 98, 
99, 100, 113, 119, 120, and 124; R9-3-301, paragraphs A, B-3, G, I, J, 
K, L, M, N, O, P, Q, and R; R9-3-306, paragraphs A, B-1, B-3, B-4, C-2, 
C-4, and G-2; and R9-3-320, paragraphs B and C.
    (B) New or amended Rules R9-3-101 (Nos. 6(b), 10, 12, 14, 36, 50, 
55, 77, 84, and 92), R9-3-311 (Paragraph B), R9-3-313 (Paragraphs 
A.2.a., D.2, D.4, F.1.C, and F.2.a.), R9-3-320 (Paragraph A), R9-3-502 
(Paragraph C.1), R9-3-503 (Paragraph C, C.2, C.2.g. and C.3), R9-3-504 
(Paragraph A), R9-3-505 (Paragraph B.1.a, B.2.a), R9-3-506 (Paragraph A 
to A.1), R9-3-507 (Paragraphs A to C), R9-3-508 (Paragraph B), R9-3-509, 
R9-3-510 (Paragraph A), R9-3-511 (Paragraph A), R9-3-512 (Paragraph A), 
R9-3-513 (Paragraph A), R9-3-514 (Paragraphs A to A.1), R9-3-516 
(Paragraph A), R9-3-517 (Paragraph A), R9-3-518 (Paragraph A), R9-3-519 
(Paragraph A to A.1, A.3, and A.3.d), R9-3-520 (Paragraph A), R9-3-521 
(Paragraph A), R9-3-522 (Paragraph A), R9-3-523 (Paragraph A), R9-3-524 
(Paragraphs A, B, D, and D.3), R9-3-525 (Paragraph A), R9-3-528 
(Paragraphs A and F.5), Section 3, Method 11; Section 3.16, Method 16; 
Section 3.19, Method 19; Section 3.20, Method 20; and Appendix 10 
(Sections A10.2 and A10.2.1).
    (C) New or amended Rule R9-3-515 (Paragraphs A; and C.6, C.6.b, and 
C.6.b.v.).
    (46) The following amendments to the plan were submitted on August 
7, 1980, by the Governor's designee.

[[Page 121]]

    (i) Pinal-Gila Counties Air Quality Control District.
    (A) New or amended Rules 7-1-1.2, 7-1-1.3(C), 7-3-1.1, 7-3-1.4(C), 
7-3-1.7(F), and 7-3-3.4.
    (B) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A) 
of this section and now deleted without replacement Rules 7-1-1.2 and 7-
1-1.3(C).
    (C) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A) 
of this section and now deleted without replacement with respect to Gila 
County only Rules 7-3-1.1, 7-3-1.4(C), 7-3-1.7(F), and 7-3-3.4.
    (D) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A) 
of this section and now deleted without replacement with respect to 
Pinal County only Rule 7-3-3.4.
    (47) The following amendments to the plan were submitted on 
September 10, 1980, by the Governor's designee.
    (i) Arizona State Rules and Regulations and Air Pollution Control.
    (A) New or amended Rules R9-3-101 (Nos. 24, 55, 102, and 115 (25-54, 
56-101, 103-114, and 116-140 are renumbered only), R9-3-201 (Paragraphs 
A to D.1 and E), R9-3-202 (Paragraphs A to D.1 and E), R9-3-203 
(Paragraphs A to D.1 and E), R9-3-204 (Paragraphs A to C.1 and D), R9-3-
205 (Paragraphs A to C.1 and D), R9-3-206 (Paragraphs A to C.1 and D), 
R9-3-207 (Paragraphs A to C.1 and D), and R9-3-216.
    (48) Arizona Lead SIP Revision submitted by the State on September 
26, 1980.
    (49) The following amendments to the plan were submitted on July 13, 
1981 by the Governor's designee.
    (i) Arizona Revised Statute Sec. 36-1718.
    (50) The following amendments to the plan were submitted on July 13, 
1981, by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.
    (A) New or amended Rules R9-3-310 (Paragraphs A and B), R9-3-501 
(Paragraph D), R9-3-503 (Paragraph C.6), R9-3-506 (Paragraph C to C.1), 
and Appendix 10 (Sections A10.1-A10.1.3.2).
    (B) New or amended Rule R9-3-515 (Paragraph C.4.a. and C.4.b.).
    (ii) Arizona Revised Statutes.
    (A) Arizona County: Chapter 6, Article 8. Air Pollution, Sections 
36-770 to 36-778, 36-779 to 36-779.07, 36-780, 36-780.01, 36-781 to 36-
783, 36-784 to 36-784.04, 36-785, 36-785.01, 36-786 to 36-788, 36-789 to 
36-789.02, 36-790, and 36-791.
    (1) Previously approved on June 18, 1982 in paragraph (c)(50)(ii)(A) 
of this section and now deleted from the SIP without replacement Arizona 
Revised Statutes: sections 36-770, 36-776, and 36-777.
    (B) Arizona State: Chapter 14, Air Pollution, Article 1. State Air 
Pollution Control, Sections 36-1700 to 36-1702, 36-1704 to 36-1706, 36-
1707 to 36-1707.06, 36-1708, 36-1720.02, and 36-1751 to 36-1753.
    (C) Previously approved on June 18, 1982 and now deleted without 
replacement Statutes 36-781, 36-782, 36-784, 36-784.01 to 36-784.04, 36-
785, 36-785.01, and 36-786 to 36-788.
    (51) The following amendments to the plan were submitted on June 1, 
1981, by the Governor's designee.
    (i) Pima County Health Department.
    (A) New or amended Regulation 14: Rule 142; Regulation 20: Rule 204; 
Regulation 24: Rule 242; Regulation 26: Rule 261; Regulation 50: Rule 
504; Regulation 61: Rule 611 (Paragraph A); Regulation 70: Rule 706 
(Paragraphs D.1 and D.2); and Regulation 91: Rule 911 (Methods 19 and 
20).
    (B) Previously approved on April 16, 1982 and now deleted without 
replacement Rule 142.
    (52) The following amendments to the plan were submitted on August 
5, 1981, by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.
    (A) New or amended Rules R9-3-1002, R9-3-1003, R9-3-1005, R9-3-1006, 
R9-3-1008, R9-3-1010 to R9-3-1014, R9-3-1016, R9-3-1019, R9-3-1023, R9-
3-1025, R9-3-1027, and R9-3-1030.
    (ii) Arizona Revised Statutes.
    (A) Inspection and Maintenance--Chapter 14, Article 3. Annual 
Emissions Inspection of Motor Vehicles, Sections 36-1771 to 36-1775, 36-
1708.01, 36-1709 to 36-1711, 36-1712 to 36-1712.04, 36-1713, 36-1713.01, 
36-1714 to 36-1717, 36-1718, 36-1718.01, 36-1719, 36-1720, and 36-1776 
to 36-1780.
    (B) Previously approved on June 18, 1982 and now deleted without 
replacement Statutes 36-1709 to 36-1712, 36-

[[Page 122]]

1712.01 to 36-1712.04, 36-1713, 36-1713.01, and 36-1714 to 36-1716.
    (53) The following amendments to the plan were submitted on March 8, 
1982, by the Governor's designee.
    (i) Maricopa County Bureau of Air Pollution Control Rules and 
Regulations.
    (A) Rules 2 (Nos. 11 and 33, and deletion of Nos. 18, 49, 50, 52, 
and 54), 28 and 33.
    (ii) The Improvement Schedules for Transit System and Rideshare 
Program in Metropolitan Pima County.
    (54) The following amendments to the plan were submitted on June 3, 
1982 by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.
    (A) New or amended Rule R9-3-515 Paragraphs C to C.1. and C.1.i.; 
C.3.a. and C.3.d. to C.3.g.; C.4. and C.4.h.; C.5.a.; C.6.a. and 
C.6.b.iv.; and C.9.).
    (B) New or amended rules R9-3-101 (Nos. 3, 7, 8, 17, 18, 19, 20, 21, 
29, 34, 35, 37, 56, 61, 62, 63, 68, 69, 75, 77, 78, 79, 88, 89, 90, 91, 
98, 99, 101, 117, 122, 129, 133, 136, 146, and 157; 53 and 123 are 
deleted); R9-3-217; R9-3-301; R9-3-304; R9-3-305; R9-3-306 (paragraph A 
only); R9-3-320 (Repealed and Reserved); R9-3-1101 (paragraphs A, C, and 
D); Appendix 1; and Appendix 2.
    (C) New or amended rules R9-3-101 (Nos. 4 to 6, 9 to 16, 22 to 28, 
30 to 33, 36, 38 to 55, 57 to 60, 64 to 67, 70 to 74, 76, 80 to 87, 92 
to 97, 100, 102 to 116, 118 to 121, 123 to 128, 130 to 132, 134, 135, 
137 to 141, 142 to 145, 147 to 156, and 158 are renumbered only); R9-3-
219; R9-3-502 (paragraph A to A.1 and A.2); R9-3-505 (paragraph B to 
B.1, B.2, B.3, and B.4); R9-3-508 (paragraph B to B.1, B.2, and B.5); 
R9-3-511 (paragraph A to A.1 and A.2); R9-3-513 (paragraph A to A.1 and 
A.2); R9-3-516 (paragraph A to A.1 and A.2); R9-3-517 (paragraph A to 
A.1); R9-3-518 (paragraph A to A.1 and A.2); R9-3-520 (paragraph A to 
A.1 and A.2); R9-3-521 (paragraph A to A.1 and A.2); R9-3-522 (paragraph 
A to A.1 and A.2); and Appendix 8 (Sections A8.3.1 and A8.3.2).
    (D) New or amended rules R9-3-302 (paragraphs A-H); and R9-3-303 
(paragraphs A to C and E to I), adopted on May 26, 1982.
    (E) Previously approved and now removed (without replacement) rule 
R9-3-101, No. 46.
    (55) The following amendments to the plan were submitted by the 
Governor's designee on March 4, 1983.
    (i) Incorporation by reference. (A) Maricopa County Health 
Department, Bureau of Air Quality Control.
    (1) New or amended rule 21.0:A-C, D.1.a-d, and E adopted on October 
25, 1982.
    (56) The following amendments to the plan were submitted on February 
3, 1984, by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.
    (A) New or amended rules R9-101 (Nos. 98 and 158), R9-3-201 to R9-3-
207, R9-3-215, R9-3-218, R9-3-310, R9-3-322, R9-3-402, R9-3-404, R9-3-
502, R9-3-515 (paragraph C.3., C.5., and C.6.b.v.), R9-3-529, R9-3-1101, 
and Appendices 1 and 11.
    (B) New or amended rules R9-3-101, Nos. 135 and 157, adopted on 
September 19, 1983.
    (57) The following amendments to the plan were submitted by the 
Governor's designee on April 17, 1985.
    (i) Incorporation by reference. (A) Maricopa County Health 
Department, Bureau of Air Quality Control.
    (1) New or amended regulations: rule 21.0: D.1., D.1.e, f, and g 
adopted on July 9, 1984.
    (58) The following amendments to the plan were submitted by the 
Governor's designee on October 18, 1985.
    (i) Incorporation by reference. (A) Pima County Health Department.
    (1) New or amended regulations: Regulation 16: Rule 166; Regulation 
17; Rules 171 and 175; Regulation 20: Rule 202; Regulation 37: Rules 
371, 372, 373, Figure 371-A, Figure 371-C, and Figure 372; and 
Regulation 38, Rule 381, A1, 2, 3, 4, 5, and B, adopted on December 6, 
1983.
    (59) The following amendments to the plan were submitted by the 
Governor's designee on October 24, 1985.
    (i) Incorporation by reference. (A) Arizona Department of Health 
Services.
    (1) New or amended rule R9-3-303, adopted on September 28, 1984.
    (60) The following amendments to the plan were submitted by the 
Governor's designee on October 5, 1987.
    (i) Incorporation by reference. (A) Arizona Department of Health 
Services.

[[Page 123]]

    (1) New or amended rules R9-3-1001 (Nos. 8, 25, 33, 34, 38, 39, 40, 
and 43, No. 8), R9-3-1003, R9-3-1005, R9-3-1006, R9-3-1008, R9-3-1009, 
R9-3-1010, R9-3-1011, R9-3-1013, R9-3-1016, R9-3-1018, R9-3-1019, R9-3-
1025, R9-3-1026, R9-3-1027, R9-3-1028, R9-3-1030, and R9-3-1031, adopted 
on December 23, 1986.
    (2) Previously approved and now removed (without replacement), Rule 
R9-3-1014.
    (B) The Maricopa Association of Governments (MAG) 1987 Carbon 
Monoxide (CO) Plan for the Maricopa County Area, MAC CO Plan Commitments 
for Implementation, and Appendix A through E, Exhibit 4, Exhibit D, 
adopted on July 10, 1987.
    (61) The following amendments to the plan were submitted by the 
Governor's designee on January 6, 1988.
    (i) Incorporation by reference. (A) The 1987 Carbon Monoxide State 
Implementation Plan Revision for the Tucson Air Planning Area adopted on 
October 21, 1987.
    (62) The following amendments to the plan were submitted by the 
Governor's designee on March 23, 1988.
    (i) Incorporation by reference. (A) Arizona Revised Statutes.
    (1) Senate Bill 1360: Section 6: ARS 15-1444-C (added), Section 7: 
QRS 15-1627-F (added), Section 21: ARS 49- 542-A (amended, Section 21: 
ARS 49-542-E (added), Section 21: ARS 49-542-J.3.(b) (amended), and 
Section 23: ARS 49-550-E (added), adopted on May 22, 1987.
    (2) Senate Bill 1360: Section 2: ARS 9-500.03 (added), Section 14: 
ARS 41-796.01 (added); Section 17: 49-454 (added), Section 18: 49-474.01 
(added), and Section 25: ARS 49-571 (added), adopted on May 22, 1987.
    (63) The following amendments to the plan were submitted by the 
governor's designee on May 26, 1988:
    (i) Incorporation by reference. (A) Travel reduction ordinances for 
Pima County: Inter governmental Agreement (IGA) between Pima County, 
City of Tucson, City of South Tucson, Town of Oro Valley and Town of 
Marana, April 18, 1988; Pima County Ordinance No. 1988-72, City of 
Tucson ordinance No. 6914, City of South Tucson Resolutions No. 88-01, 
88-05, Town of Oro Valley Resolutions No. 162, 326 and 327, Town of 
Marana Resolutions No. 88-06, 88-07 and Ordinance No. 88.06.
    (64) The following amendments to the plan were submitted by the 
Governor's designee on June 1, 1988.
    (i) Incorporation by reference. (A) Letter from the Arizona 
Department of Environmental Quality, dated June 1, 1988, committing to 
administer the provisions of the Federal New Source Review regulations 
consistent with EPA's requirements. The commitments apply to the 
issuance of, or revision to, permits for any source which is a major 
stationary source or major modification as defined in 40 Code of Federal 
Regulations, part 51, subpart I.
    (65) The following amendments to the plan were submitted by the 
Governor's designee on July 18, 1988.
    (i) Incorporation by reference. (A) Arizona Revised Statutes.
    (1) House Bill 2206, Section 2: ARS 15-1627 (amended); Section 6: 
Title 28, ARS Chapter 22, Article 1, ARS 28-2701, ARS 28-2702, ARS 28-
2703, ARS 28-2704, and ARS 28-2705 (added); Section 7: ARS 41.101.03 
(amended); Section 9: ARS 41-2605 (amended); Section 10: ARS 41-2066 
(amended); Section 11: ARS 41-2083 (amended); Section 13: Title 41, 
Chapter 15, Article 6, ARS 41-2121: Nos. 1, 3, 4, 5, 6, 7, 8, and 9, ARS 
41-2122, ARS 41-2123, ARS 41-2124 (added); Section 15: Title 49, Chapter 
3, Article 1, ARS 49-403 to 49-406 (added); Section 17: Title 49, 
Chapter 3, Article 3, ARS 49-506 (added); Section 18; ARS 49-542 
(amended); Section 19: ARS 49-550 (amended); Section 20: ARS 49-551 
(amended); Section 21: Title 49, Chapter 3, Article 5, ARS 49-553 
(added), Section 22: ARS 49-571 (amended); Section 23: Title 49, Chapter 
3, Article 8, ARS 49-581, ARS 49-582, ARS 49-583, ARS 49-584, ARS 49-
585; ARS 49-586, ARS 49-588, ARS 49-590, and ARS 49-593 (added); Section 
25: Definition of major employer, Section 27: Appropriations; Section 
29: Delayed effective dates, adopted on June 28, 1988.
    (2) House Bill 2206 section 6 which added, under Arizona Revised 
Statutes, title 28, chapter 22, new sections 28-2701 through 28-2708, 
and section 13 which added, under Arizona Revised Statutes, title 41, 
chapter 15, Article 6 new sections 41-2125A and 41-2125B. (Oxygenated 
fuels program for Pima County.)

[[Page 124]]

    (66) The following amendments to the plan were submitted by the 
Governor's designee on July 22, 1988.
    (i) Incorporation by reference. (A) Letter from the Pima County 
Health Department, Office of Environmental Quality, dated April 24, 1988 
committing to administer the New Source Review provisions of their 
regulations consistent with EPA's requirements. The commitments apply to 
the issuance of, or revision to, permits for any source which is a major 
stationary source of major modification as defined in 40 Code of Federal 
Regulations, part 51, subpart I.
    (B) Letter from Maricopa County Department of Health Services, 
Division of Public Health, dated April 28, 1988 and submitted to EPA by 
the Arizona Department of Environmental Quality July 25, 1988, 
committing to administer the New Source Review provisions of their 
regulations, consistent with EPA's requirements. These commitments apply 
to the issuance of, or revision to, permits for any source which is a 
major stationary source or major modification as defined in the Code of 
Federal Regulations, part 51, subpart I.
    (C) Addendum to MAG 1987 Carbon Monoxide Plan for the Maricopa 
County Nonattainment Area, July 21, 1988 (supplemental information 
related to the SIP revision of July 18, 1988).
    (D) Commitment in the July 22, 1988 submittal letter to apply the 
oxygenated fuels program of the July 18, 1988 submittal to Pima County.
    (67) Regulations for the Maricopa County Bureau of Air Pollution 
Control were submitted on January 4, 1990 by the Governor's designee.
    (i) Incorporation by reference. (A) Amended regulations: Regulation 
II, rule 220 and Regulation III, rule 335, both adopted July 13, 1988.
    (B) Amended Maricopa County Division of Air Pollution Control Rule 
314, adopted July 13, 1988.
    (C) Amended Regulation VI, Rule 600, revised on July 13, 1988.
    (D) Rules 312 and 314, adopted on July 13, 1998.
    (68) The following amendments to the plan were submitted by the 
Governor's designee on June 11, 1991.
    (i) Incorporation by reference. (A) Arizona Revised Statutes.
    (1) House Bill 2181 (approved, May 21, 1991), section 1: Arizona 
Revised Statute (A.R.S.) 41-2065 (amended); section 2: A.R.S. 41-2083 
(amended); section 3: A.R.S. section 41-2122 (amended); section 4: 
A.R.S. Section 41-2123 (amended); and section 5: A.R.S. section 41-2124 
(repealed).
    (69) The following amendment to the plan was submitted by the 
Governor's designee on May 27, 1994.
    (i) Incorporation by reference. (A) Maricopa County Bureau of Air 
Pollution Control stage II vapor recovery program, adopted on August 27, 
1993.
    (70) New and amended regulations for the Maricopa County 
Environmental Services Department--Air Pollution Control were submitted 
on June 29, 1992, by the Governor's designee.
    (i) Incorporation by reference. (A) New Rules 337, 350, and 351, 
adopted on April 6, 1992.
    (71) New and amended regulations for the following agencies were 
submitted on August 15, 1994 by the Governor's designee.
    (i) Incorporation by reference. (A) Pinal County Air Quality Control 
District.
    (1) Chapter 1, Article 3, section 1-3-140, subsections 5, 15, 21, 
32, 33, 35, 50, 51, 58, 59, 103, and 123, adopted on November 3, 1993; 
Chapter 3, Article 1, section 3-1-081(A)(8)(a), adopted on November 3, 
1993; Chapter 3, Article 1, section 3-1-084, adopted on August 11, 1994; 
and Chapter 3, Article 1, section 3-1-107, adopted on November 3, 1993.
    (72) New and amended plans and regulations for the following 
agencies were submitted on November 13, 1992 by the Governor's designee.
    (i) Incorporation by reference. (A) Arizona Department of 
Environmental Quality.
    (1) Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program, adopted on November 13, 1992.
    (B) Maricopa County Environmental Quality and Community Services 
Agency.
    (1) Rule 340, adopted on September 21, 1992.
    (73) [Reserved]
    (74) Plan revisions were submitted by the Governor's designee on 
March 3, 1994.

[[Page 125]]

    (i) Incorporation by reference. (A) Maricopa County Environmental 
Services Department new Rule 316, adopted July 6, 1993, and revised Rule 
311, adopted August 2, 1993. Note: These rules are restored as elements 
of the State of Arizona Air Pollution Control Implementation Plan 
effective September 3, 1997.
    (B) [Reserved]
    (75) Program elements submitted on November 14, 1994, by the 
Governor's designee.
    (i) Incorporation by reference. (A) Arizona Department of 
Environmental Quality.
    (1) Basic and Enhanced Inspection and Maintenance Vehicle Emissions 
Program. Adopted on September 15, 1994.
    (76) Program elements were submitted on February 1, 1995 by the 
Governor's designee.
    (i) Incorporation by reference. (A) Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program, adopted on 
February 1, 1995.
    (77) Amended regulations for the following agency were submitted on 
December 19, 1994, by the Governor's designee.
    (i) Incorporation by reference. (A) Maricopa County Environmental 
Services Department.
    (1) Rule 334, adopted on September 20, 1994.
    (78) New and amended regulations for the Maricopa County 
Environmental Services Department--Air Pollution Control were submitted 
on February 4, 1993, by the Governor's designee.
    (i) Incorporation by reference. (A) New Rule 352, adopted on 
November 16, 1992.
    (B) Rule 100, Section 504 adopted on November 16, 1992.
    (C) Rule 339, adopted on November 16, 1992.
    (79) New and amended regulations for the following agencies were 
submitted on June 29, 1992 by the Governor's designee.
    (i) Incorporation by reference. (A) Maricopa County Environmental 
Quality and Community Services Agency.
    (1) Rule 353, adopted on April 6, 1992.
    (80) New and amended regulations for the following agencies were 
submitted on August 10, 1992 by the Governor's designee.
    (i) Incorporation by reference. (A) Maricopa County Environmental 
Quality and Community Services Agency.
    (1) Rules 331 and 333, adopted on June 22, 1992.
    (81) Amended regulation for the following agency was submitted on 
August 16, 1994, by the Governor's designee.
    (i) Incorporation by reference. (A) Maricopa County Environmental 
Services Department.
    (1) Rule 341, adopted on August 5, 1994.
    (82) New and amended rules and regulations for the Maricopa County 
Environmental Services Department--Air Pollution Control were submitted 
on August 31, 1995, by the Governor's designee.
    (i) Incorporated by reference. (A) Rule 343, adopted on February 15, 
1995.
    (B) [Reserved]
    (C) Rule 351, revised on February 15, 1995.
    (D) Rule 318 and Residential Woodburning Restriction Ordinance, 
adopted on October 5, 1994.
    (E) Maricopa County.
    (1) Ordinance P-7, Maricopa County Trip Reduction Ordinance, adopted 
May 26, 1994.
    (83) New and revised rules and regulations for the Maricopa County 
Environmental Services Department-Air Pollution Control were submitted 
on February 26, 1997, by the Governor's designee.
    (i) Incorporation by reference. (A) Rules 331, 333, and 334, revised 
on June 19, 1996, and Rule 338, adopted on June 19, 1996.
    (B) Rule 336, adopted on July 13, 1988 and revised on June 19, 1996.
    (84) Amended regulations for the Pinal County Air Quality Control 
District were submitted on November 27, 1995, by the Governor's 
designee.
    (i) Incorporation by reference. (A) Rules 1-1-020, 1-1-030, 1-1-040, 
1-1-060, 1-1-070, 1-1-080, 1-1-100, 1-2-110, 2-1-010, 2-1-020, 2-1-030, 
2-1-040, 2-1-050, 2-1-060, 2-1-070, 2-2-080, 2-2-090, 2-3-100, 2-3-110, 
2-4-120, 2-4-130, 2-4-140, 2-4-150, 2-5-170, 2-5-210, 2-6-220, 2-7-230, 
2-7-240, 2-7-250, 2-7-260, 2-7-270, 3-1-020, 3-1-132, adopted on June 
29, 1993.
    (B) Rules 1-1-090, 1-2-120, 3-1-010, 3-1-030, 3-1-055, 3-1-065, 3-1-
070, 3-1-082, 3-1-

[[Page 126]]

085, 3-1-087, 3-1-090, 3-1-102, 3-1-105, 3-1-110, 3-1-120, 3-1-140, 3-1-
150, 3-1-160, 3-1-170, 3-1-173, 3-1-175, 3-1-177, 3-2-180, 3-2-185, 3-2-
190, 3-2-195, 3-3-200, 3-3-203, 3-3-205, 3-3-260, 3-3-270, 3-3-275, 3-3-
280, adopted on November 3, 1993.
    (C) Rules 1-1-010, 1-1-106, 2-5-190, 2-5-200, 3-1-042, 3-1-060, 3-1-
081, 3-1-083, 3-1-084, 3-1-089, 3-1-103, 3-1-107, 3-1-109, 3-3-210, 3-3-
250, adopted on February 22, 1995.
    (D) Rules 1-3-130, 1-3-140, 2-5-160, 2-5-180, 3-1-040, 3-1-050, 
adopted on October 12, 1995.
    (E) Rules 5-22-950, 5-22-960, and 5-24-1045 codified on February 22, 
1995.
    (F) Amendments to Rules 5-18-740, 5-19-800, and 5-24-1055 adopted on 
February 22, 1995.
    (G) Previously approved on April 9, 1996 in paragraph (c)(84)(i)(A) 
of this section and now deleted without replacement, Rule 3-1-020.
    (H) Previously approved on April 9, 1996 in paragraph (c)(84)(i)(D) 
of this section and now deleted without replacement, Rule 1-3-130.
    (I) Rules 2-8-280, 2-8-290, 2-8-300, 2-8-310, and 2-8-320, adopted 
on June 29, 1993.
    (J) Rules 3-8-700 and 3-8-710, amended on February 22, 1995.
    (K) Rule 5-24-1040, codified on February 22, 1995.
    (L) Rules 4-2-020, 4-2-030, and 4-2-040, adopted on June 29, 1993.
    (M) Rule 5-24-1032, ``Federally Enforceable Minimum Standard of 
Performance--Process Particulate Emissions,'' codified February 22, 
1995.
    (85) New and revised rules and regulations for the Maricopa County 
Environmental Services Department-Air Pollution Control were submitted 
on March 4, 1997, by the Governor's designee.
    (i) Incorporation by reference. (A) Rule 337, revised on November 
20, 1996, and Rules 342 and 346, adopted on November 20, 1996.
    (86) [Reserved]
    (87) New and amended fuel regulations for the following Arizona 
Department of Environmental Quality plan revisions were submitted on 
April 29, 1997, by the Governor's designee.
    (i) Incorporation by reference. (A) Arizona Revised Statutes.
    (1) Section 13 of H.B, 2001 (A.R.S. Sec. 41-2083(E)), adopted on 
November 12, 1993.
    (88) Plan revisions were submitted on May 7, 1997 by the Governor's 
designee.
    (i) Incorporation by reference. (A) Maricopa County Environmental 
Services Department.
    (1) Rule 310, adopted September 20, 1994.
    (2) Resolution To Improve the Administration of Maricopa County's 
Fugitive Dust Program and to Foster Interagency Cooperation, adopted May 
14, 1997.
    (B) The City of Phoenix, Arizona.
    (1) A Resolution of the Phoenix City Council Stating the City's 
Intent to Work Cooperatively with Maricopa County to Control the 
Generation of Fugitive Dust Pollution, adopted April 9, 1997.
    (C) The City of Tempe, Arizona.
    (1) A Resolution of the Council of the City of Tempe, Arizona, 
Stating Its Intent to Work Cooperatively with Maricopa County to Control 
the Generation of Fugitive Dust Pollution, adopted March 27, 1997.
    (D) The Town of Gilbert, Arizona.
    (1) A Resolution of the Mayor and the Common Council of the Town of 
Gilbert, Maricopa County, Arizona, Providing for the Town's Intent to 
Work Cooperatively with Maricopa County, Arizona, to Control the 
Generation of Fugitive Dust Pollution, adopted April 15, 1997.
    (E) The City of Chandler, Arizona.
    (1) A Resolution of the City Council of the City of Chandler, 
Arizona, Stating the City's Intent to Work Cooperatively with Maricopa 
County to Control the Generation of Fugitive Dust Pollution, adopted 
March 27, 1997.
    (F) The City of Glendale, Arizona.
    (1) A Resolution of the Council of the City of Chandler, Maricopa 
County, Arizona, Stating Its Intent to Work Cooperatively with Maricopa 
County to Control the Generation of Fugitive Dust Pollution, adopted 
March 25, 1997.
    (G) The City of Scottsdale, Arizona.
    (1) A Resolution of the Scottsdale City Council Stating the City's 
Intent to Work Cooperatively with Maricopa County to Control the 
Generation of Fugitive Dust Pollution, adopted March 31, 1997.
    (H) The City of Mesa, Arizona.
    (1) A Resolution of the Mesa City Council Stating the City's Intent 
to

[[Page 127]]

Work Cooperatively with Maricopa County to Control the Generation of 
Particulate Air Pollution and Directing City Staff to Develop a 
Particulate Pollution Control Ordinance Supported by Adequate Staffing 
Levels to Address Air Quality, adopted April 23, 1997.
    (89) Plan revisions were submitted on September 12, 1997 by the 
Governor's designee.
    (i) Incorporation by reference. (A) Arizona Cleaner Burning Gasoline 
Interim rule submitted as a revision to the Maricopa Country Ozone 
Nonattainment Area Plan, adopted on September 12, 1997.
    (90) Plan revisions were submitted on January 21, 1998 by the 
Governor's designee.
    (i) Incorporation by reference. (A) Arizona Cleaner Burning Gasoline 
Interim rule submitted as a revision to the PM-10 Maricopa County State 
Implementation Plan, adopted on September 12, 1997.
    (91) The following amendments to the plan were submitted on October 
6, 1997 by the Governor's designee.
    (i) Incorporation by reference. (A) 1996 Carbon Monoxide Limited 
Maintenance Plan for the Tucson Air Planning Area (as updated August, 
1997).
    (1) Base year (1994) emissions inventory and contingency plan, 
including commitments to follow maintenance plan contingency procedures 
by the Pima Association of Governments and by the member jurisdictions: 
the town of Oro Valley, Arizona (Resolution No. (R) 96-38, adopted June 
5, 1996), the City of South Tucson (Resolution No. 96-16, adopted on 
June 10, 1996), Pima County (Resolution and Order No. 1996-120, adopted 
June 18, 1996), the City of Tucson (Resolution No. 17319, adopted June 
24, 1996), and the town of Marana, Arizona (Resolution No. 96-55, 
adopted June 18, 1996).
    (B) Arizona Revised Statutes. Senate Bill 1002, Sections 26, 27 and 
28: ARS 41-2083 (amended), 41-2122 (amended), 41-2125 (amended), adopted 
on July 18, 1996.
    (92) Plan revisions were submitted on March 3, 1995, by the 
Governor's designee.
    (A) Arizona State Administrative Code Title 18, Chapter 2, Article 
14, adopted on December 23, 1994.
    (93) Plan revisions were submitted on September 4, 1998 by the 
Governor's designee.
    (i) Incorporation by reference. (A) Arizona Revised Statute 49-457.
    (94) New and amended rules and regulations for the Maricopa County 
Environmental Services Department-Air Pollution Control were submitted 
on August 4, 1999, by the Governor's designee.
    (i) Incorporation by reference. (A) Rule 336, adopted on July 13, 
1988 and revised on April 7, 1999 and Rule 348, adopted on April 7, 
1999.
    (B) Rule 318 and Residential Woodburning Restriction Ordinance, 
revised on April 21, 1999.
    (C) Rule 347, adopted on March 4, 1998.
    (D) Rule 316, adopted on April 21, 1999.
    (E) Rule 344, adopted on April 7, 1999.
    (F) Rule 349, adopted on April 7, 1999.
    (G) Rule 331, revised on April 7, 1999.
    (95) The following amendments to the plan were submitted on August 
11, 1998 by the Governor's designee.
    (i) Incorporation by reference. (A) Arizona Revised Statutes.
    (1) Senate Bill 1427, Section 14: ARS 49-401.01 (amended) and 
Section 15: 49-406 (amended), approved on May 29, 1998.
    (96) The following amendments to the plan were submitted on 
September 1, 1999 by the Governor's designee.
    (i) Incorporation by reference. (A) Arizona Revised Statutes.
    (1) House Bill 2254, Section 1: ARS 41-3009.01 (amended); Section 2: 
49-541.01 (amended); Section 3: 49-542 (amended); Section 4: 49-545 
(amended); Section 5: 49-557 (amended); Section 6: 49-573 (amended); 
Section 7: 41-803 (amended) and Section 8: 41-401.01 (amended), adopted 
on May 18, 1999.
    (2) House Bill 2189, Section 3: ARS 41-796.01 (amended); Section 9: 
41-2121 (amended); Section 40: 49-401.01 (amended), Section 41: 49-402 
(amended); Section 42: 49-404 (amended): Section 43:49-454 (amended); 
Section 44: 49-541 (amended); and Section 46: 49-571 (amended), adopted 
on May 18, 1999
    (97) New and amended rules for the Arizona Department of 
Environmental Quality were submitted on March 26, 2001, by the 
Governor's designee.

[[Page 128]]

    (i) Incorporation by reference. (A) Rules R18-2-310 and R18-2-310.01 
effective on February 15, 2001.
    (98) Plan revisions were submitted on July 11, 2000 by the 
Governor's designee.
    (i) Incorporation by reference. (A) Arizona Administrative Code R18-
2-610 and R18-2-611 effective May 12, 2000.
    (99) Plan revisions submitted on January 28, 2000 by the Governor's 
designee.
    (i) Incorporation by reference. (A) Maricopa County, Arizona.
    (1) Residential Woodburning Restriction Ordinance adopted on 
November 17, 1999.
    (100) Plan revisions submitted on February 16, 2000 by the 
Governor's designee.
    (i) Incorporation by reference. (A) Maricopa Association of 
Governments, Maricopa County, Arizona.
    (1) Resolution to Adopt the Revised MAG 1999 Serious Area 
Particulate Plan for PM-10 for the Maricopa County Nonattainment Area 
(including Exhibit A, 2 pages), adopted on February 14, 2000.
    (B) City of Avondale, Arizona.
    (1) Resolution No. 1711-97; A Resolution of the City Council of the 
City of Avondale, Maricopa County, Arizona, To Implement Measures in the 
MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious 
Area Carbon Monoxide Plan for the Maricopa County Area (including 
Exhibit A, 14 pages), adopted on September 15, 1997.
    (2) Resolution No. 1949-99; A Resolution of the Council of the City 
of Avondale, Maricopa County, Arizona, Implementing Measures in the MAG 
1998 Serious Area Particulate Plan for PM-10 for the Maricopa County 
Area (including Exhibit A, 7 pages), adopted on February 16, 1999.
    (C) Town of Buckeye, Arizona.
    (1) Resolution No. 15-97; A Resolution of the Town Council of the 
Town of Buckeye, Maricopa County, Arizona, To Implement Measures in the 
MAG 1997 Serious Area Carbon Monoxide Plan for the Maricopa County Area 
(including Exhibit A, 5 pages), adopted on October 7, 1997.
    (D) Town of Carefree, Arizona.
    (1) Town of Carefree Resolution No. 97-16; A Resolution of the Mayor 
and Common Council of the Town of Carefree, Arizona, To Implement 
Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 
1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area 
(including Exhibit A, 3 pages), adopted on September 2, 1997.
    (2) Town of Carefree Resolution No. 98-24; A Resolution of the Mayor 
and Common Council of the Town of Carefree, Arizona, To Implement 
Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the 
Maricopa County Area (including Exhibit A, 4 pages), adopted on 
September 1, 1998.
    (3) Town of Carefree Ordinance No. 98-14; An Ordinance of the Town 
of Carefree, Maricopa County, Arizona, Adding Section 10-4 to the Town 
Code Relating to Clean-Burning Fireplaces, Providing Penalties for 
Violations (3 pages), adopted on September 1, 1998.
    (E) Town of Cave Creek, Arizona.
    (1) Resolution R97-28; A Resolution of the Mayor and Town Council of 
the Town of Cave Creek, Maricopa County, Arizona, Implementing Measures 
in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 
Serious Area Carbon Monoxide Plan for the Maricopa County Area 
(including Exhibit A, 4 pages), adopted on September 2, 1997.
    (2) Resolution R98-14; A Resolution of the Mayor and Town Council of 
the Town of Cave Creek, Maricopa County, Arizona, To Implement Measures 
in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa 
County Area (including Exhibit A, 1 page), adopted on December 8, 1998.
    (F) City of Chandler, Arizona.
    (1) Resolution No. 2672; A Resolution of the City Council of the 
City of Chandler, Arizona To Implement Measures in the MAG 1997 Serious 
Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon 
Monoxide Plan for the Maricopa County Area (including Exhibit A, 16 
pages), adopted on August 14, 1997.
    (2) Resolution No. 2929; A Resolution of the City Council of the 
City of Chandler, Arizona, To Implement Measures in the MAG 1998 Serious 
Area Particulate Plan for PM-10 for the Maricopa County Area (including 
Exhibit A, 9 pages), adopted on October 8, 1998.

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    (G) City of El Mirage, Arizona.
    (1) Resolution No. R97-08-20; Resolution To Implement Measures in 
the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 
Serious Area Carbon Monoxide Plan for the Maricopa County Area 
(including Exhibit A, 8 pages), adopted on August 28, 1997.
    (2) Resolution No. R98-08-22; A Resolution of the Mayor and Common 
Council of the City of El Mirage, Arizona, Amending Resolution No. R98-
02-04 To Implement Measures in the MAG 1997 Serious Area Particulate 
Plan for PM-10 for the Maricopa County Area (including Exhibit A, 5 
pages), adopted on August 27, 1998.
    (3) Resolution No. R98-02-04; A Resolution To Implement Measures in 
the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa 
County Area (including Exhibit A, 5 pages), adopted on February 12, 
1998.
    (H) Town of Fountain Hills, Arizona.
    (1) Resolution No. 1997-49; A Resolution of the Common Council of 
the Town of Fountain Hills, Arizona, Adopting the MAG 1997 Particulate 
Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the 
Maricopa County Area and Committing to Certain Implementation Programs 
(including Exhibit B, 5 pages and cover), adopted on October 2, 1997.
    (2) Town of Fountain Hills Resolution No. 1998-49; Resolution To 
Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-
10 for the Maricopa County Area (including Exhibit A, 7 pages), adopted 
on October 1, 1998. [Incorporation Note: Incorporated materials are 
pages 4 to 10 of the 11-page resolution package; pages 1 and 2 are cover 
sheets with no substantive content and page 11 is a summary of measures 
previously adopted by the Town of Fountain Hills.]
    (I) Town of Gilbert, Arizona.
    (1) Resolution No. 1817; A Resolution of the Common Council of the 
Town of Gilbert, Maricopa County, Arizona, Authorizing the 
Implementation of the MAG 1997 Serious Area Particulate Plan for PM-10 
and the MAG Serious Area Carbon Monoxide Plan for the Maricopa County 
Area (including 15 pages of attached material), adopted on June 10, 
1997.
    (2) Resolution No. 1864; A Resolution of the Common Council of the 
Town of Gilbert, Arizona, Implementing Measures in the MAG 1997 Serious 
Area Particulate Plan for PM-10 for the Maricopa County Area (including 
Attachment A, 5 pages), adopted on November 25, 1997. [Incorporation 
note: Attachment A is referred to as Exhibit A in the text of the 
Resolution.]
    (3) Ordinance 1066; An Ordinance of the Common Council of the Town 
of Gilbert, Arizona Amending the Code of Gilbert by Amending Chapter 30 
Environment, by adding New Article II Fireplace Restrictions Prescribing 
Standards for Fireplaces, Woodstoves, and Other Solid-Fuel Burning 
Devices in New Construction; Providing for an Effective Date of January 
1, 1999; Providing for Repeal of Conflicting Ordinances; Providing for 
Severability (3 pages), adopted on November 25, 1997.
    (4) Resolution No. 1939: A Resolution of the Common Council of the 
Town of Gilbert, Arizona, Expressing its Commitment to Implement 
Measures in the Maricopa Association of Governments (MAG) 1998 Serious 
Area Particulate Plan for PM-10 for the Maricopa County Area (including 
Attachment A, 5 pages), adopted on July 21, 1998. [Incorporation note: 
Attachment A is referred to as Exhibit A in the text of the Resolution.]
    (J) City of Glendale, Arizona.
    (1) Resolution No. 3123 New Series; A Resolution of the Council of 
the City of Glendale, Maricopa County, Arizona, Implementing Measures in 
the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 
Serious Area Carbon Monoxide Plan for the Maricopa County Area 
(including Exhibit A, 20 pages), adopted on June 10, 1997.
    (2) Resolution No. 3161 New Series; A Resolution of the Council of 
the City of Glendale, Maricopa County, Arizona, Implementing Measures in 
the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa 
County Area (including Exhibit A, 6 pages), adopted on October 28, 1997.
    (3) Resolution No. 3225 New Series; A Resolution of the Council of 
the City of Glendale, Maricopa County, Arizona, Implementing Measures in 
the MAG

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1998 Serious Area Particulate Plan for PM-10 for the Maricopa County 
Area (including Exhibit A, 9 pages), adopted on July 28, 1998.
    (K) City of Goodyear, Arizona.
    (1) Resolution No. 97-604 Carbon Monoxide Plan; A Resolution of the 
Council of the City of Goodyear, Maricopa County, Arizona, Implementing 
Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 
1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area 
(including Exhibit A, 21 pages), adopted on September 9. [Incorporation 
note: Adoption year not given on the resolution but is understood to be 
1997 based on resolution number.]
    (2) Resolution No. 98-645; A Resolution of the Council of the City 
of Goodyear, Maricopa County, Arizona, Implementing Measures in the MAG 
1998 Serious Area Particulate Plan for PM-10 for the Maricopa County 
Area (including Attachment III, 7 pages), adopted on July 27, 1998.
    (L) City of Mesa, Arizona.
    (1) Resolution No. 7061; A Resolution of the City Council of the 
City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG 
1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area 
Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 
13 pages plus index page), adopted on June 23, 1997.
    (2) Resolution No. 7123; A Resolution of the City Council of the 
City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG 
1997 Serious Area Particulate Plan for PM-10 for the Maricopa County 
Area (including Exhibit A, 10 pages), adopted on December 1, 1997.
    (3) Resolution No. 7360; A Resolution of the City Council of the 
City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG 
Serious Area Particulate Plan for PM-10 for the Maricopa County Area 
(including Exhibit A, 8 pages), adopted on May 3, 1999.
    (4) Ordinance No. 3434; An Ordinance of the City Council of the City 
of Mesa, Maricopa County, Arizona, Relating to Fireplace Restrictions 
Amending Title 4, Chapter 1, Section 2 Establishing a Delayed Effective 
Date; and Providing Penalties for Violations (3 pages), adopted on 
February 2, 1998.
    (M) Town of Paradise Valley, Arizona.
    (1) Resolution Number 913; A Resolution of the Town of Paradise 
Valley, to Implement Measures in the MAG 1997 Serious Area Particulate 
Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the 
Maricopa County Area (including Exhibit A, 9 pages), adopted on October 
9, 1997.
    (2) Resolution Number 945; A Resolution of the Mayor and Town 
Council of the Town of Paradise Valley, Arizona, to Implement Measures 
in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa 
County Area (including Exhibit A, 5 pages), adopted on July 23, 1998.
    (3) Ordinance Number 454; An Ordinance of the Town of Paradise 
Valley, Arizona, Relating to Grading and Dust Control, Amending Article 
5-13 of the Town Code and Sections 5-13-1 Through 5-13-5, Providing 
Penalties for Violations and Severability (5 pages), adopted on January 
22, 1998. [Incorporation note: There is an error in the ordinance's 
title, ordinance amended only sections 5-13-1 to 5-13-4; see section 1 
of the ordinance.]
    (4) Ordinance Number 450; An Ordinance of the Town of Paradise 
Valley, Arizona, Adding Section 5-1-7 to the Town Code Relating to 
Clean-Burning Fireplaces, Providing Penalties for Violations (3 pages), 
adopted on December 18, 1997.
    (N) City of Peoria, Arizona.
    (1) Resolution No. 97-37; A Resolution of the Mayor and Council of 
the City of Peoria, Arizona, to Implement Measures in the MAG 1997 
Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon 
Monoxide Plan for the Maricopa County Area (including Exhibits A, 5 
pages, and B, 19 pages), adopted on June 17, 1997.
    (2) Resolution No. 97-113; A Resolution of the Mayor and Council of 
the City of Peoria, Arizona, to Implement Measures in the MAG 1997 
Serious Area Particulate Plan for PM-10 for the Maricopa County Area and 
Directing the Recording of This Resolution with

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the Maricopa County Recorder and Declaring an Emergency (including 
Exhibit A, 8 pages plus index page), adopted on October 21, 1997.
    (3) Resolution No. 98-107; A Resolution of the Mayor and Council of 
the City of Peoria, Arizona, to Approve and Authorize the Acceptance to 
Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-
10 for the Maricopa County Area (including Exhibit A, 7 pages), adopted 
on July 21, 1998.
    (O) City of Phoenix, Arizona.
    (1) Resolution No. 18949; A Resolution Stating the City's Intent to 
Implement Measures to Reduce Air Pollution (including Exhibit A, 19 
pages), adopted on July 2, 1997.
    (2) Resolution No. 19006; A Resolution Stating the City's Intent to 
Implement Measures to Reduce Air Pollution (including Exhibit A, 13 
pages), adopted on November 19, 1997.
    (3) Ordinance No. G4037; An Ordinance Amending Chapter 39, Article 
2, Section 39-7 of the Phoenix City Code by Adding Subsection G Relating 
to Dust Free Parking Areas; and Amending Chapter 36, Article XI, 
Division I, Section 36-145 of the Phoenix City Code Relating to Parking 
on Non-Dust Free Lots, adopted on July 2, 1997 (5 pages).
    (4) Resolution No. 19141; A Resolution Stating the City's Intent to 
Implement Measures to Reduce Particulate Air Pollution (including 
Exhibit A, 10 pages), adopted on September 9, 1998.
    (5) Ordinance No. G4062; An Ordinance Amending the Phoenix City Code 
By Adding A New Chapter 40 ``Environmental Protections,'' By Regulating 
Fireplaces, Wood Stoves and Other Solid-Fuel Burning Devices and 
Providing that the Provisions of this Ordinance Shall Take Effect on 
December 31, 1998 (5 pages), adopted on December 10, 1997.
    (P) Town of Queen Creek, Arizona.
    (1) Resolution 129-97; A Resolution of the Town Council of the Town 
of Queen Creek, Maricopa County, Arizona to Implement Measures in the 
MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious 
Area Carbon Monoxide Plan for the Maricopa County Area (including 
Exhibit A, 3 pages), adopted on June 4, 1997.
    (2) Resolution 145-97; A Resolution of the Town Council of the Town 
of Queen Creek, Maricopa County, Arizona to Implement Measures in the 
MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County 
Area (including Exhibit A, 1 page), adopted on November 5, 1997.
    (3) Resolution 175-98; A Resolution of the Town Council of the Town 
of Queen Creek, Maricopa County, Arizona to Implement Measures in the 
MAG 1998 Serious Area Particulate Plan for the Maricopa County Area 
(including Exhibit A, 9 pages), adopted on September 16, 1998.
    (Q) City of Scottsdale, Arizona.
    (1) Resolution No. 4864; A Resolution of the City of Scottsdale, 
Maricopa County, Arizona, To Implement Measures in the MAG 1997 Serious 
Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon 
Monoxide Plan for the Maricopa County Area: Stating the Council's Intent 
to Implement Certain Control Measures Contained in that Plan (including 
Exhibit A, 21 pages), adopted on August 4, 1997.
    (2) Resolution No. 4942; Resolution of the Scottsdale City Council 
To Implement Measures in the MAG 1997 Serious Area Particulate Plan for 
PM-10 for the Maricopa County Area (including Exhibit A, 13 pages), 
adopted on December 1, 1997.
    (3) Resolution No. 5100; A Resolution of the City of Scottsdale, 
Maricopa County, Arizona, To Strengthen Particulate Dust Control and Air 
Pollution Measures in the Maricopa County Area (including Exhibit A, 10 
pages), adopted on December 1, 1998.
    (R) City of Surprise, Arizona.
    (1) Resolution No. 97-29; A Resolution to Implement Measures in the 
MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious 
Area Carbon Monoxide Plan for the Maricopa County Area (including 
Exhibit A, 4 pages), adopted on June 12, 1997.
    (2) Resolution No. 97-67; A Resolution to Implement Measures in the 
MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County 
Area (including Exhibit A, 3 pages), adopted on October 23, 1997.
    (3) Resolution No. 98-51; A Resolution to Implement Measures in the 
MAG 1997 Serious Area Particulate Plan for

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PM-10 for the Maricopa County Area (including Exhibit A, 6 pages), 
adopted on September 10, 1998.
    (S) City of Tempe, Arizona.
    (1) Resolution No. 97.39; Resolution to Implement Measures in the 
MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious 
Area Carbon Monoxide Plan for the Maricopa County Area (including 
Exhibit A, 18 pages), adopted on June 12, 1997.
    (2) Resolution No. 97.71, Resolution of the Council of the City of 
Tempe Stating Its Intent to Implement Measures in the MAG 1997 Serious 
Area Particulate Plan for PM-10 for the Maricopa County Area (including 
Exhibit A, 6 pages), adopted on November 13, 1997.
    (3) Resolution No. 98.42, Resolution of the Council of the City of 
Tempe Implementing Measures in the MAG 1998 Serious Area Particulate 
Plan for PM-10 for the Maricopa County Area (including Exhibit A, 8 
pages), adopted on September 10, 1998.
    (T) City of Tolleson, Arizona.
    (1) Resolution No. 788, A Resolution of the Mayor and City Council 
of the City of Tolleson, Maricopa County, Arizona, Implementing Measures 
in the Maricopa Association of Governments (MAG) 1997 Serious Area 
Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide 
Plan for the Maricopa County Area (including Exhibit A, 12 pages), 
adopted on June 10, 1997.
    (2) Resolution No. 808, A Resolution of the Mayor and City Council 
of the City of Tolleson, Maricopa County, Arizona, Implementing Measures 
in the Maricopa Association of Governments (MAG) 1998 Serious Area 
Particulate Plan for PM-10 for the Maricopa County Area (including 
Exhibit A), adopted on July 28, 1998.
    (3) Ordinance No. 376, N.S., An Ordinance of the City of Tolleson, 
Maricopa County, Arizona, Amending Chapter 7 of the Tolleson City Code 
by Adding a New Section 7-9, Prohibiting the Installation or 
Construction of a Fireplace or Wood Stove Unless It Meets the Standards 
Set Forth Herein (including Exhibit A, 4 pages), adopted on December 8, 
1998.
    (U) Town of Wickenburg, Arizona.
    (1) Resolution No. 1308, Resolution To Implement Measures in the MAG 
1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area 
Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 
4 pages), adopted on August 18, 1997.
    (V) Town of Youngtown, Arizona.
    (1) Resolution No. 97-15, Resolution To Implement Measures in the 
MAG 1997 Serious Particulate Plan for PM-10 and MAG 1998 Serious Area 
Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 
4 pages), adopted on September 18, 1997.
    (2) Resolution No. 98-15: Resolution To Implement Measures in the 
MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County 
Area (including Exhibit A, 8 pages), adopted on August 20, 1998.
    (3) Resolution No 98-05: Resolution Stating Intent to Work 
Cooperatively with Maricopa County to Control the Generation of Fugitive 
Dust Pollution (including Exhibit A, 2 pages), adopted February 19, 
1998.
    (W) Maricopa County, Arizona.
    (1) Resolution to Implement Measures in the MAG 1997 Serious Area 
Particulate Plan for PM-10 and MAG 1A998 Serious Area Carbon Monoxide 
Plan for the Maricopa County Area (including Exhibit A, 16 pages), 
adopted on June 25, 1997. [Incorporation note: ``1A998'' error in the 
original.]
    (2) Resolution to Implement Measures in the MAG 1997 Serious Area 
Particulate Plan for PM-10 for the Maricopa County Area (including 
Exhibit A, 9 pages), adopted on November 19, 1997.
    (3) Resolution to Implement Measures in the MAG 1998 Serious Area 
Particulate Plan for PM-10 for the Maricopa County Area (including 
Exhibit A, 10 pages), adopted on February 17, 1999.
    (4) Resolution to Implement Measures in the MAG 1999 Serious Area 
Particulate Plan for PM-10 for the Maricopa County Area (including 
Exhibit A, 10 pages), adopted on December 15, 1999.
    (X) Arizona Department of Transportation, Phoenix, Arizona.
    (1) Resolution to Implement Measures in the MAG 1997 Serious Area 
Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide 
Plan for the Maricopa County Area (including Exhibit A, 24 pages plus 
index page), adopted on June 20, 1997.

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    (2) Resolution to Implement Measures in the MAG 1998 Serious Area 
Particulate Plan for PM-10 for the Maricopa County Area (including 
Exhibit A, 8 pages), adopted on July 17, 1998.
    (Y) Regional Public Transportation Authority, Phoenix, Arizona.
    (1) Resolution 9701: Resolution to Implement Measures in 
the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 
Serious Area Carbon Monoxide Plan for the Maricopa County Area 
(including Exhibit A, 23 pages), adopted on June 12, 1997.
    (Z) State of Arizona.
    (1) Arizona Revised Statute Section 49-542(F)(7) as added in Section 
31 of Arizona Senate Bill 1002, 42nd Legislative Session, 7th Special 
Session (1996), approved by the Governor July 18, 1996.
    (101) Plan revisions submitted on March 2, 2000, by the Governor's 
designee.
    (i) Incorporation by reference. (A) Maricopa County Environmental 
Services Department.
    (1) Rule 310 revised on February 16, 2000.
    (2) Rule 310.01 adopted on February 16, 2000.
    (3) Appendix C revised on February 16, 2000.
    (102) Plan revisions submitted on January 8, 2002, by the Governor's 
designee.
    (i) Incorporation by reference. (1) Maricopa County, Arizona.
    (1) Resolution to Update Control Measure 6 in the Revised MAG 1999 
Serious Area Particulate Plan for PM-10 for the Maricopa County Area 
(including Exhibit A, 2 pages), adopted on December 19, 2001.
    (103) The following plan was submitted on February 7, 2002, by the 
Governor's designee.
    (i) Incorporation by reference. (A) Arizona Department of 
Environmental Quality.
    (1) Bullhead City Moderate Area PM10 Maintenance Plan and 
Request for Redesignation to Attainment, adopted on February 7, 2002.
    (104) The following plan was submitted on March 29, 2002, by the 
Governor's designee.
    (i) Incorporation by reference. (A) Arizona Department of 
Environmental Quality.
    (1) Payson Moderate Area PM10 Maintenance Plan and 
Request for Redesignation to Attainment, adopted on March 29, 2002.
    (B) [Reserved]
    (105) Amended rule for the following agency was submitted on March 
22, 2002, by the Governor's designee.
    (i) Incorporation by reference. (A) Maricopa County Environmental 
Services Department.
    (1) Rule 314, revised on December 19, 2001.
    (106) Amended rule for the following agency was submitted on 
February 22, 2002, by the governor's designee.
    (i) Incorporation by reference. (A) Maricopa County Environmental 
Services Department.
    (1) Rule 140, revised on September 5, 2001.
    (107) Amended rules for the following agency were submitted on 
October 7, 1998 by the Governor's designee.
    (i) Incorporation by reference. (A) Pinal County Air Quality Control 
District.
    (1) Rule 1-3-140, adopted on June 29, 1993 and amended on July 29, 
1998.
    (2) Rule 4-2-050, adopted on May 14, 1997.
    (108) Revisions to the Arizona State Implementation Plan for the 
Motor Vehicle Inspection and Maintenance Programs, submitted on July 6, 
2001.
    (i) Incorporation by reference. (A) Arizona Revised Statutes.
    (1) Section 49-551 as amended in Section 27 of Arizona Senate Bill 
1427, 43rd Legislature, 2nd Regular Session (1998), approved by the 
Governor on May 29, 1998.
    (2) Section 49-544 as amended in Section 15 of Arizona Senate Bill 
1007, 43rd Legislature, 4th Special Session (1998), approved by the 
Governor on May 20, 1998.
    (3) Section 49-541 as amended in Section 44 of Arizona House Bill 
2189, 44th Legislature, 1st Regular Session (1999), approved by the 
Governor on May 18, 1999.
    (4) Section 49-542.01 repealed in Section 3 and Section 49-545 as 
amended in Section 5 of Arizona House Bill 2104, 44th Legislature, 2nd 
Regular session (2000), approved by the Governor on April 28, 2000.

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    (5) Section 49-542.05 as added in Section 23 of Arizona Senate Bill 
1004, 44th Legislature, 7th Special Session (2000), approved by the 
Governor on December 14, 2000.
    (B) Arizona Administrative Code.
    (1) Title 18, Chapter 2, Article 10 (except for AAC R 18-2-1020) 
``Motor Vehicles; Inspection and Maintenance'' as adopted on December 
31, 2000.
    (109) Revisions to the Arizona State Implementation Plan for the 
Motor Vehicle Inspection and Maintenance Programs, submitted on April 
10, 2002 by the Governor's designee.
    (i) Incorporation by reference. (A) Arizona Revised Statutes.
    (1) Section 49-542 as amended in Section 9, Section 49-543 as 
amended in Section 11, and Section 49-541.01 repealed in Section 29 of 
Arizona House Bill 2538, 45th Legislature, 1st Regular Session (2001), 
approved by the Governor on May 7, 2001.
    (B) Arizona Administrative Code.
    (1) Amendments to AAC R 18-2-1006 and 18-2-1019, and the repeal of 
AAC R 18-2-1014 and R 18-2-1015 effective January 1, 2002.
    (110) New and amended regulations were submitted on July 15, 1998, 
by the Governor's designee.
    (i) Incorporation by reference. (A) Arizona Department of 
Environmental Quality.
    (1) Rules R18-2-701, R18-2-710, R18-2-725, R18-2-727, R18-2-801, 
R18-2-802, R18-2-803, R18-2-804, and R18-2-805, amended on November 15, 
1993.
    (2) Rules R18-2-715.02 and R18-2-715, Appendix 8 amended on November 
15, 1993.
    (111) The following plan was submitted on June 18, 2002, by the 
Governor's designee.
    (i) Incorporation by reference. (A) Arizona Department of 
Environmental Quality.
    (1) Ajo Sulfur Dioxide State Implementation and Maintenance Plan, 
adopted by Arizona Department of Environmental Quality on June 18, 2002.
    (112) Revised regulations were submitted on August 15, 2001, by the 
Governor's designee as part of the submittal entitled Arizona Cleaner 
Burning Gasoline Rule to Revise the State Implementation Plan for the 
Maricopa County Carbon Monoxide, Ozone, and PM10 Nonattainment Areas. 
The incorporated materials from this submittal supercede those included 
in the submittals entitled SIP Revision, Arizona Cleaner Burning 
Gasoline Permanent Rules--Maricopa County Ozone Nonattainment Area, 
submitted on February 24, 1999, and State Implementation Plan Revision 
for the Cleaner Burning Gasoline Program in the Maricopa County Ozone 
Nonattainment Area, submitted on March 29, 2001.
    (i) Incorporation by reference. (A) Arizona Administrative Code.
    (1) AAC R20-2-701, R20-2-716, R20-2-750 through 762, and Title 20, 
Chap. 2, Art. 7, Tables 1 and 2 (March 31, 2001).
    (113) Revised statutes were submitted on January 22, 2004, by the 
Governor's designee as part of the submittal entitled Supplement to 
Cleaner Burning Gasoline Program State Implementation Plan Revision. The 
incorporated materials from this submittal supercede those included in 
the submittals entitled SIP Revision, Arizona Cleaner Burning Gasoline 
Permanent Rules--Maricopa County Ozone Nonattainment Area, submitted on 
February 24, 1999, State Implementation Plan Revision for the Cleaner 
Burning Gasoline Program in the Maricopa County Ozone Nonattainment 
Area, submitted on March 29, 2001, and Arizona Cleaner Burning Gasoline 
Rule to Revise the State Implementation Plan for the Maricopa County 
Carbon Monoxide, Ozone, and PM10 Nonattainment Areas, submitted August 
15, 2001.
    (i) Incorporation by reference. (A) Arizona Revised Statutes.
    (1) ARS sections 49-541(1)(a), (b), and (c), 41-2124, 41-2123, 41-
2113(B)(4), 41-2115, and 41-2066(A)(2) (as codified on March 31, 2001).
    (114) The following plan was submitted on June 21, 2002, by the 
Governor's designee.
    (i) Incorporation by reference. (A) Arizona Department of 
Environmental Quality.
    (1) Morenci Sulfur Dioxide Nonattainment Area State Implementation 
and Maintenance Plan, adopted by the Arizona Department of Environmental 
Quality on June 21, 2002.
    (115) Amended regulations were submitted on January 16, 2004, by the 
Governor's designee.

[[Page 135]]

    (i) Incorporation by reference. (A) Arizona Department of 
Environmental Quality.
    (1) Rule 18-2-101 (Paragraphs 41 and 111), amended on November 15, 
1993 and Rule R-18-2-702, amended on December 26, 2003.
    (116) New and amended regulations were submitted on September 12, 
2003, by the Governor's designee.
    (i) Incorporation by reference. (A) Arizona Department of 
Environmental Quality.
    (1) Rules R18-2-715 (sections F, G, and H) and R18-2-715.01 amended 
on August 9, 2002.
    (117) Amended regulation was submitted on July 28, 2004, by the 
Governor's designee.
    (i) Incorporation by reference. (A) Maricopa County Environmental 
Services Department.
    (1) Rule 331 adopted on April 21, 2004.
    (118) The following plan was submitted on April 18, 2001, by the 
Governor's designee.
    (i) Incorporation by reference. (A) Arizona Department of 
Environmental Quality.
    (1) Revised MAG 1999 Serious Area Carbon Monoxide Plan for the 
Maricopa County Nonattainment Area, dated March 2001, adopted by the 
Maricopa Association of Governments on March 28, 2001, and adopted by 
the Arizona Department of Environmental Quality on April 18, 2001.
    (119) The following plan was submitted on June 16, 2003, by the 
Governor's designee.
    (i) Incorporation by reference. (A) Arizona Department of 
Environmental Quality.
    (1) MAG Carbon Monoxide Redesignation Request and Maintenance Plan 
for the Maricopa County Nonattainment Area and Appendices, dated May 
2003, adopted by the Arizona Department of Environmental Quality on June 
16, 2003.
    (120) The following plan was submitted on September 13, 2004, by the 
Governor's designee.
    (i) Incorporation by reference. (A) Arizona Department of 
Environmental Quality.
    (1) 40 CFR 81.303, Attainment Status Designations--Arizona, Request 
for Technical Correction of Phoenix Planning Area (Maricopa County) PM-
10 Serious Nonattainment Area Boundaries, dated September 13, 2004.
    (121) A plan revision was submitted on April 20, 2005 by the 
Governor's designee.
    (i) Incorporation by reference. (A) Maricopa County Environmental 
Services Department.
    (1) Permit V98-004, condition 23, W.R. Meadows of Arizona, Inc., 
Goodyear, AZ, adopted on February 17, 2005.
    (122) A plan revision was submitted on April 25, 2005 by the 
Governor's designee.
    (i) Incorporation by reference. (A) Maricopa County Environmental 
Services Department.
    (1) Rule 358 adopted on April 20, 2005.
    (123) The following plan was submitted on December 7, 1998, by the 
Governor's designee.
    (i) Incorporation by reference. (A) Arizona Department of 
Environmental Quality.
    (1) Letter and enclosures regarding Arizona's Intent to ``Opt-out'' 
of the Clean Fuel Fleet Program, adopted by the Arizona Department of 
Environmental Quality on December 7, 1998.
    (124) The following plan was submitted on December 14, 2000, by the 
Governor's designee.
    (i) Incorporation by reference. (A) Arizona Department of 
Environmental Quality.
    (1) Final Serious Area Ozone State Implementation Plan for Maricopa 
County, dated December 2000, adopted by the Arizona Department of 
Environmental Quality on December 14, 2000.
    (125) The following plan was submitted on April 21, 2004, by the 
Governor's designee.
    (i) Incorporation by reference. (A) Arizona Department of 
Environmental Quality.
    (1) One-Hour Ozone Redesignation Request and Maintenance Plan for 
the Maricopa County Nonattainment Area, dated March 2004, adopted by the 
Maricopa Association of Governments Regional Council on March 26, 2004 
and adopted by the Arizona Department of Environmental Quality on April 
21, 2004.
    (126) The following plan was submitted on December 14, 2001, by the 
Governor's designee.
    (i) Incorporation by reference.

[[Page 136]]

    (A) Arizona Department of Environmental Quality.
    (1) Douglas Sulfur Dioxide Nonattainment Area State Implementation 
and Maintenance Plan, dated November 29, 2001, adopted by the Arizona 
Department of Environmental Quality on December 14, 2001.
    (127) The following plan was submitted on April 2, 2004, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Department of Environmental Quality.
    (1) Modeling Supplement--Douglas Sulfur Dioxide (SO2) 
State Implementation and Maintenance Plan, adopted by the Arizona 
Department of Environmental Quality on April 2, 2004.
    (128) The following plan was submitted on September 16, 2005, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Department of Environmental Quality.
    (1) Modeling and Emissions Inventory Supplement for the Douglas 
Sulfur Dioxide Nonattainment Area State Implementation and Maintenance 
Plan and Redesignation Request, dated September 2005, adopted by the 
Arizona Department of Environmental Quality on September 16, 2005.
    (129) The following amended rule was submitted on September 12, 
2005, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Pinal County Air Quality Control District.
    (1) Rule 2-8-300, adopted on June 29, 1993 and amended on May 18, 
2005.
    (130) An amended regulation was submitted on March 1, 2006, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Department of Environmental Quality.
    (1) Rule R18-2-Appendix 8, adopted on December 22, 1976 and amended 
effective on July 18, 2005.
    (131) The following amended rules were submitted on December 30, 
2004, by the Governor's designee.
    (i) Incorporation by reference. (A) Arizona Department of 
Environmental Quality.
    (1) Rule R18-2-602, adopted effective on May 14, 1979 and amended 
effective on March 16, 2004.
    (2) Rules R18-2-1501, R18-2-1502, R18-2-1503, R18-2-1504, R18-2-
1505, R18-2-1506, R18-2-1507, R18-2-1508, R18-2-1509, R18-2-1510, R18-2-
1511, R18-2-1512, and R18-2-1513, adopted effective on October 8, 1996 
and amended effective on March 16, 2004.
    (B) Pima County Department of Environmental Quality.
    (1) Rule 17.12.480, amended on October 19, 2004.
    (C) Pinal County Air Quality Control District.
    (1) Rules 3-8-700 and 3-8-710, adopted effective on June 29, 1993 
and amended on October 27, 2004.
    (132) The following plan revision was submitted on June 26, 2002, by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Department of Environmental Quality.
    (1) Final Miami Sulfur Dioxide Nonattainment Area State 
Implementation and Maintenance Plan (June 2002), chapter 7 
(``Maintenance Plan''), adopted on June 26, 2002 by the Arizona 
Department of Environmental Quality.
    (ii) Additional materials.
    (A) Arizona Department of Environmental Quality.
    (1) Final Miami Sulfur Dioxide Nonattainment Area State 
Implementation and Maintenance Plan (June 2002), excluding the cover 
page, and pages iii, 2, 3, 4, and 49; chapter 7 (``Maintenance Plan''); 
appendix A (``SIP Support Information''), sections A.1 (``Pertinent 
Sections of the Arizona Administrative Code'') and A.2 (``Information 
Regarding Revisions to AAC R18-2-715 and R18-2-715.01, `Standards of 
Performance for Primary Copper Smelters: Site Specific Requirements; 
Compliance and Monitoring' ''); and appendix D (``SIP Public Hearing 
Documentation''), adopted on June 26, 2002 by the Arizona Department of 
Environmental Quality.
    (2) Submittal of Corrections to the Final Miami Sulfur Dioxide 
Nonattainment Area State Implementation and Maintenance Plan (June 
2002), letter and enclosures (replacement pages for the cover page and 
pages iii, 2, 3, 4 and 49), dated June 30, 2004.
    (3) Letter from Stephen A. Owens, Director, Arizona Department of 
Environmental Quality, dated June 20, 2006, withdrawing a section 
107(d)(3)(D)

[[Page 137]]

boundary redesignation request included in the Miami Sulfur Dioxide 
Nonattainment Area State Implementation and Maintenance Plan and 
requesting a section 110(k)(6) error correction.
    (133) The following statute and plan were submitted on December 23, 
2005 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Revised Statutes.
    (1) Section 49-542 as amended in section 1 of the Arizona House Bill 
2357, 47th Legislature, 1st Regular Session (2005) and approved by the 
Governor on April 13, 2005.
    (ii) Additional material.
    (A) Arizona Department of Environmental Quality.
    (1) Final Arizona State Implementation Plan Revision, Basic and 
Enhanced Vehicle Emissions Inspection/Maintenance Programs (December 
2005), adopted by the Arizona Department of Environmental Quality on 
December 23, 2005, excluding appendices.
    (134) The following plan was submitted on October 3, 2006 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Department of Environmental Quality.
    (1) September 2006 Supplement to Final Arizona State Implementation 
Plan Revision, Basic and Enhanced Vehicle Emissions Inspection/
Maintenance Programs, December 2005, adopted by the Arizona Department 
of Environmental Quality on October 3, 2006, excluding appendices.
    (135) An amended regulation was submitted on June 8, 2006, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Environmental Services Department.
    (1) Rule 314, adopted on July 13, 1988 and amended on April 20, 
2005.
    (136) The following plan was submitted on May 24, 2007 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Department of Environmental Quality.
    (1) Revision to the Arizona State Implementation Plan Under Clean 
Air Act Section 110(a)(2)(D)(i)--Regional Transport (May 2007), adopted 
by the Arizona Department of Environmental Quality on May 24, 2007.
    (137) The Administrator is approving the following elements of the 
Revised PM-10 State Implementation Plan for the Salt River Area, 
September 2005, submitted on October 7, 2005, by the Governor's 
designee.
    (i) Incorporation by reference.
    (A) Maricopa County Air Quality Department.
    (1) Rule 325, adopted on August 10, 2005.
    (2) Rule 310, revised on April 7, 2004.
    (3) Appendix C, ``Fugitive Dust Test Methods,'' adopted on June 16, 
1999, and revised on April 7, 2004.
    (4) Appendix F, ``Soil Designations,'' adopted on April 7, 2004.
    (5) Resolution No. C-85-05-005-0-00: Resolution to Implement 
Additional Measures for the Maricopa County, Arizona Serious PM-10 
Nonattainment Area (including Exhibit A), adopted on January 19, 2005.
    (B) City of Apache Junction.
    (1) Resolution No. 04-24: A Resolution of the Mayor and City Council 
of the City of Apache Junction, Arizona, Implementing Measures to Reduce 
Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-
10 State Implementation Plan for the Salt River Area (including Exhibit 
A), adopted on September 21, 2004.
    (C) City of Avondale.
    (1) Resolution No. 2448-04: A Resolution of the Council of the City 
of Avondale, Arizona, Implementing Measures to Reduce Reentrained Dust 
Emissions from Targeted Paved Roads in the Revised PM-10 State 
Implementation Plan for the Salt River Area (including Exhibit A), 
adopted on September 20, 2004.
    (D) Town of Buckeye.
    (1) Resolution No. 58-04: A Resolution of the Mayor and Town Council 
of the Town of Buckeye, Arizona, Implementing Measures to Reduce 
Reentrained Dust Emission from Targeted Paved Roads in the Revised PM-10 
State Implementation Plan for the Salt River Area (including Exhibit A), 
adopted on November 16, 2004.
    (E) City of Chandler.
    (1) Resolution No. 3782: Resolution to Implement Measures to Reduce 
Re-entrained Dust Emissions from Identified

[[Page 138]]

Paved Roads in Chandler As Part of the Revised PM-10 State 
Implementation Plan for Air Quality (including Exhibit A and Exhibit B), 
adopted on October 14, 2004.
    (F) City of El Mirage.
    (1) Resolution No. R04-10-54: A Resolution of the Mayor and City 
Council of the City of El Mirage, Maricopa County, Arizona, Implementing 
Measures to Reduce Re-entrained Dust Emissions from Targeted Paved Roads 
in the Revised PM-10 State Implementation Plan for the Salt River Area 
(including Exhibit A), adopted on October 28, 2004.
    (G) Town of Fountain Hills.
    (1) Resolution No. 2004-63: A Resolution of the Mayor and Council of 
the Town of Fountain Hills, Arizona, Implementing Measures to Reduce 
Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-
10 State Implementation Plan for the Salt River Area (including Exhibit 
A and Protocol to Reduce Reentrained Dust Emissions from Targeted Paved 
Roads), adopted on November 18, 2004.
    (H) Town of Gilbert.
    (1) Resolution No. 2575: A Resolution of the Common Council of the 
Town of Gilbert, Arizona to Implement Measures to Reduce Reentrained 
Dust Emissions from Targeted Paved Roads in the Revised PM-10 State 
Implementation Plan for the Salt River Area (including Exhibit A and 
Town of Gilbert Protocol for Reducing PM-10 Emissions from ``High Dust'' 
Paved Roads), adopted on March 29, 2005.
    (I) City of Glendale.
    (1) Resolution No. 3796 New Series: A Resolution of the Council of 
the City of Glendale, Maricopa County, Arizona, Implementing Measures to 
Reduce Re-entrained Dust Emissions from Targeted Paved Roads in the 
Revised PM-10 State Implementation Plan for the Salt River Area 
(including Exhibit A and Glendale Targeted Street Sweeping Protocol to 
Reduce Dust Emissions), adopted on September 14, 2004.
    (J) City of Goodyear.
    (1) Resolution No. 04-941: A Resolution of the Mayor and Council of 
the City of Goodyear, Maricopa County, Arizona, to Authorize the City 
Manager to Implement Measures to Reduce Reentrained Dust Emissions from 
Targeted Paved Roads in the Revised PM-10 State Implementation Plan for 
the Salt River Area (including Exhibit A and Protocol for Reducing 
Reentrained Dust Emissions from Targeted Paved Roads), adopted on 
October 25, 2004.
    (K) City of Mesa.
    (1) Resolution No. 8344: A Resolution of the City Council of the 
City of Mesa, Maricopa County, Arizona, Stating the City's Intent to 
Implement Measures to Reduce Particulate Pollution (including Exhibit 
A), adopted on October 4, 2004.
    (L) Town of Paradise Valley.
    (1) Resolution Number 1084: Resolution to Implement Measures to 
Reduce Reentrained Dust Emissions from Targeted Paved Roads in the 
Revised PM-10 State Implementation Plan for the Salt River Area 
(including Exhibit A), adopted on September 23, 2004.
    (M) City of Peoria.
    (1) Resolution No. 04-235: A Resolution of the Mayor and City 
Council of the City of Peoria, Maricopa County, Arizona, Implementing 
Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads 
in the Revised PM-10 State Implementation Plan for the Salt River Area 
(including Exhibit A and City of Peoria Targeted Paved Roadways Dust 
Control Protocol, September 24, 2004), adopted on October 5, 2004.
    (N) City of Phoenix.
    (1) Resolution No. 20114: A Resolution Stating the City's Intent to 
Implement Measures to Reduce Air Pollution (including Exhibit A, City of 
Phoenix 2004 Protocol and Implementation Plan for Paved Streets with 
Potential for Dust Emissions, and Attachment A), adopted on June 16, 
2004.
    (O) City of Scottsdale.
    (1) Resolution No. 6588: A Resolution of the Council of the City of 
Scottsdale, Maricopa County Arizona, Authorizing Implementation of 
Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads 
in the Revised PM-10 State Implementation Plan for the Salt River Area 
(including Exhibit A and Attachment 1--Protocol to Reduce 
Reentrained Dust Emissions from Targeted Paved Roads), adopted on 
December 6, 2004.
    (P) City of Surprise.
    (1) Resolution No. 04-163: A Resolution of the Mayor and Council of 
the

[[Page 139]]

City of Surprise, Arizona, to Implement Measures to Reduce Reentrained 
Dust Emissions from Targeted Paved Roads in the Revised PM-10 State 
Implementation Plan for the Salt River Area (including Exhibit A and 
Protocol), adopted on September 23, 2004.
    (Q) City of Tempe.
    (1) Resolution No. 2004.84: A Resolution of the Mayor and City 
Council of the City of Tempe, Arizona, to Implement Measures to Reduce 
Re-entrained Dust Emissions from Targeted Paved Roads in the Revised PM-
10 State Implementation Plan for the Salt River Area (including Exhibit 
A and Protocol for Reducing Re-entrained Dust Emissions from Targeted 
Paved Roads, September 30, 2004), adopted on September 30, 2004.
    (R) City of Tolleson.
    (1) Resolution No. 947: A Resolution of the Mayor and City Council 
of the City of Tolleson, Maricopa County, Arizona, Implementing Measures 
to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the 
Revised PM-10 State Implementation Plan for the Salt River Area 
(including Exhibit A), adopted on September 28, 2004.
    (S) Town of Youngtown.
    (1) Resolution No. 05-01: Resolution to Implement Measures to Reduce 
Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-
10 State Implementation Plan for the Salt River Area (including Exhibit 
A), adopted on January 20, 2005.
    (T) Arizona Department of Transportation.
    (1) Resolution to Implement Measures to Reduce Reentrained Dust 
Emissions from Targeted Paved Roads in the Revised PM-10 State 
Implementation Plan for the Salt River Area (including Exhibit A and 
Arizona Department of Transportation Plan to Reduce Reentrained Dust 
Emissions from Targeted Paved Roads), adopted on September 17, 2004.
    (138) The Administrator is approving the following elements of the 
Revised PM-10 State Implementation Plan for the Salt River Area, 
Additional Submittals, September 2005, Additional Submittal in November 
2005, submitted on November 29, 2005, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Air Quality Department.
    (1) Rule 310.01, adopted on June 16, 1999, and revised on February 
17, 2005.
    (2) Application for Dust Control Permit, adopted on June 22, 2005.
    (3) Guidance for Application for Dust Control Permit, adopted on 
June 22, 2005.
    (139) The following plan was submitted on July 5, 2007 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Air Quality Department
    (1) Rule 242, adopted on June 20, 2007.
    (140) The following plan was submitted on June 7, 2007 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Department of Environmental Quality. (1) Final Arizona 
State Implementation Plan Revision, San Manuel Sulfur Dioxide 
Nonattainment Area, March 2007, Arizona Department of Environmental 
Quality.
    (B) Maricopa County Air Quality Department.
    (1) Rule 510, ``Air Quality Standards,'' excluding Appendix G to the 
Maricopa County Air Pollution Control Regulations, adopted on July 13, 
1988 and revised on November 1, 2006.
    (141) The following amended rules were submitted on July 10, 2008, 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County.
    (1) Ordinance P-26, ``Residential Woodburning Restriction 
Ordinance,'' adopted on October 5, 1994 and revised on March 26, 2008.
    (B) Maricopa County Air Quality Department.
    (1) Rule 314, ``Open Outdoor Fires and Indoor Fireplaces at 
Commercial and Institutional Establishments,'' adopted on July 13, 1988 
and revised on March 12, 2008.
    (2) Rule 316, ``Nonmetallic Mineral Processing,'' adopted on March 
12, 2008.
    (3) Rule 300, ``Visible Emissions,'' amended March 12, 2008.
    (142) New and amended regulations were submitted on January 9, 2008, 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Air Quality Department.

[[Page 140]]

    (1) Rule 322, ``Power Plant Operations,'' adopted October 17, 2007.
    (2) Rule 323, ``Fuel Burning Equipment from Industrial/Commercial/
Institutional (ICI) Sources,'' adopted October 17, 2007.
    (3) Rule 324, ``Stationary Internal Combustion (IC) Engines,'' 
adopted October 17, 2007.
    (143) The 2008 Revision to the Carbon Monoxide Limited Maintenance 
Plan for the Tucson Air Planning Area (for 2010), adopted by the Pima 
Association of Governments on June 26, 2008, and adopted and submitted 
by the Arizona Department of Environmental Quality on July 10, 2008, 
excluding appendix D.
    (144) Appendix D (Revised) (``Letter from Arizona Department of 
Environmental Quality re: Vehicle Emissions Inspection Program (VEIP), 
Revised to include supporting documents authorizing the VEIP from 2009 
to 2017 (Chapter 171, Senate Bill 1531 from the 48th Regular Session of 
the Arizona Legislature and Arizona Revised Statute text A.R.S. 41-
3017.01''), adopted as a Supplement to the Carbon Monoxide Limited 
Maintenance Plan for the Tucson Air Planning Area (for 2010) by the Pima 
Association of Governments on May 28, 2009, and adopted and submitted by 
the Arizona Department of Environmental Quality on June 22, 2009.
    (145) New and amended regulations were submitted on June 12, 2009 by 
the Governor's designee.
    (i) Incorporation by Reference.
    (A) Pinal County Air Quality Control District.
    (1) Rule 2-8-302, ``Performance Standards--Hayden PM-10 Non-
attainment Area,'' adopted on January 7, 2009.
    (i) Pinal County Board of Supervisors, Resolution No. 010709-AQ3, 
Pinal County Air Quality Control District, ``A Resolution of the Board 
of Supervisors of Pinal County, Adopting Certain Revisions to the Pinal 
County Air Quality Control District Rules, adopted January 7, 2009; to 
Wit: Rule 2-8-302 (Performance Standards--Hayden PM10 Nonattainment 
Area). Rule 4-2-020, ``Fugitive Dust--General,'' amended on December 4, 
2002. Rule 4-2-030, ``Fugitive Dust--Definitions,'' amended on December 
4, 2002. Chapter 4, Article 4, ``PM-10 Non-attainment Area Rules; 
Dustproofing and Stabilization for Commercial Unpaved Parking, Drive and 
Working Yards''; Section 4-4-100, ``General Provisions,'' amended on 
June 3, 2009; Section 4-4-110, ``Definitions,'' amended on June 3, 2009; 
Section 4-4-120, ``Objective Standards,'' amended on June 3, 2009; 
Section 4-4-130, ``Work Practice Standards,'' adopted on June 3, 2009; 
Section 4-4-140, ``Recordkeeping and Records Retention,'' adopted on 
June 3, 2009. Chapter 4, Article 5, ``PM-10 Non-attainment Area Rules; 
Stabilization for Residential Parking and Drives''; Section 4-5-150, 
``Stabilization for Residential Parking and Drives; Applicability,'' 
amended on June 3, 2009; Section 4-5-160, ``Residential Parking Control 
Requirement,'' amended on June 3, 2009; Section 4-5-170, ``Deferred 
enforcement date,'' amended on June 3, 2009. Chapter 4, Article 7, 
``Construction Sites in Non-Attainment Areas--Fugitive Dust''; Section 
4-7-210, ``Definitions,'' adopted on June 3, 2009; Section 4-7-214, 
``General Provisions,'' adopted on June 3, 2009; Section 4-7-218, 
``Applicability; Development Activity,'' adopted on June 3, 2009; 
Section 4-7-222, ``Owner and/or Operator Liability,'' adopted on June 3, 
2009; Section 4-7-226, ``Objective Standards; Sites,'' adopted on June 
3, 2009; Section 4-7-230, ``Obligatory Work Practice Standards; Sites,'' 
adopted on June 3, 2009; Section 4-7-234, ``Nonattainment-Area Dust 
Permit Program; General Provisions,'' adopted on June 3, 2009; Section 
4-7-238, ``Nonattainment Area Site Permits,'' adopted on June 3, 2009; 
Section 4-7-242, ``Nonattainment Area Block Permits,'' adopted on June 
3, 2009; Section 4-7-246, ``Recordkeeping and Records Retention,'' 
adopted on June 3, 2009. Chapter 4, Article 9, ``Test Methods''; Section 
4-9-320, ``Test Methods for Stabilization For Unpaved Roads and Unpaved 
Parking Lots,'' adopted on June 3, 2009; Section 4-9-340, ``Visual 
Opacity Test Methods,'' adopted on June 3, 2009.
    (146) The following plan was submitted on April 12, 2010 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Air Quality Department.

[[Page 141]]

    (1) Rule 310, ``Fugitive Dust From Dust-Generating Operations,'' 
adopted on January 27, 2010.
    (2) Rule 310.01, ``Fugitive Dust From Non-Traditional Sources of 
Fugitive Dust,'' adopted on January 27, 2010.
    (147) The following plan was submitted on July 10, 2008 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Air Quality Department.
    (1) Appendix C--``Fugitive Dust Test Methods,'' adopted on March 26, 
2008.

[37 FR 10849, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.120, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Notes: 1. At 77 FR 35285, June 13, 2012, Sec. 52.120 
was amended by revising paragraph (c)(69)(i)(A) and adding paragraph 
(c)(148), effective July 13, 2012. For the convenience of the user, the 
added and revised text is set forth as follows:



Sec. 52.120  Identification of plan.

                                * * * * *

    (c) * * *
    (69) * * *
    (i) * * *
    (A) Arizona Department of Weights and Measures. (1) Letter from 
Grant Woods, Attorney General, State of Arizona, to John U. Hays, 
Director, Department of Weights and Measures, dated August 31, 1993, and 
enclosed Form R102 (``Certification of Rules and Order of Rule 
Adoption'').
    (2) Arizona Administrative Code, Article 9 (``Gasoline Vapor 
Control''), Rules R4-31-901 through R4-31-910, adopted August 27, 1993, 
effective (for state purposes) on August 31, 1993.

                                * * * * *

    (148) The following plan revision was submitted on September 21, 
2009 by the Governor's designee.
    (i) Incorporation by reference. (A) Arizona Department of Weights 
and Measures. (1) Arizona Revised Statutes, title 41 (State Government), 
chapter 15 (Department of Weights and Measures), as amended and 
supplemented by the general and permanent laws enacted through the First 
Special Session, and legislation effective January 11, 2011 of the First 
Regular Session of the Fiftieth Legislature (2011):
    (i) Article 1 (General Provisions), section 41-2051 
(``Definitions''), subsections (6) (``Certification''), (10) 
(``Department''), (11) (``Diesel fuel''), (12) (``Director''), and (13) 
(``E85''), amended by Laws 2008, Ch. 254, Sec. 2;
    (ii) Article 6 (Motor Fuel), section 41-2121 (``Definitions''), 
subsection (5) (``Gasoline'') amended by Laws 2007, Ch. 292, Sec. 11; 
and
    (iii) Article 7 (Gasoline Vapor Control), section 41-2131 
(``Definitions''), added by Laws 1992, Ch. 299, Sec. 6; section 41-2132 
(``Stage I and stage II vapor recovery systems''), amended by Laws 2010, 
Ch. 181, Sec. 2; and section 41-2133 (``Compliance schedules''), 
amended by Laws 1999, Ch. 295, Sec. 17.
    (2) Arizona Administrative Code, title 20, chapter 2, article 1 
(Administration and Procedures), section R20-2-101 (``Definitions''), 
effective (for state purposes) on June 5, 2004.
    (3) Arizona Administrative Code, title 20, chapter 2, article 9 
(Gasoline Vapor Control):
    (i) Sections R20-2-901 (``Material Incorporated by Reference''), 
R20-2-902 (``Exemptions''), R20-2-903 (``Equipment and Installation''), 
R20-2-904 (``Application Requirements and Process for Authority to 
Construct Plan Approval''), R20-2-905 (``Initial Inspection and 
Testing''), R20-2-910 (``Annual Inspection and Testing''), R20-2-911 
(``Compliance Inspections''), and R20-2-912 (``Enforcement''), effective 
(for state purposes) on June 5, 2004.
    (ii) Sections R20-2-907 (``Operation''), R20-2-908 (``Training and 
Public Education''), and R20-2-909 (``Recordkeeping and Reporting''), 
effective (for state purposes) on October 8, 1998.
    2. At 77 FR 35287, June 13, 2012, Sec. 52.120 was amended by adding 
paragraph (c)(149), effective July 13, 2012. For the convenience of the 
user, the added text is set forth as follows:



Sec. 52.120  Identification of plan.

                                * * * * *

    (c) * * *
    (149) The following plan was submitted on June 13, 2007 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional Materials. (A) Arizona Department of Environmental 
Quality. (1) Letter dated June 13, 2007 from Stephen A. Owens, Director, 
ADEQ, to Wayne Nastri, Regional Administrator, United States 
Environmental Protection Agency, Region IX.
    (2) Eight-Hour Ozone Plan for the Maricopa Nonattainment Area, dated 
June 2007, including Appendices, Volumes One and Two.

[[Page 142]]



Sec. 52.121  Classification of regions.

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

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


[45 FR 67345, Oct. 10, 1980]



Sec. 52.122  Negative declarations.

    (a) The following air pollution control districts submitted negative 
declarations for volatile organic compound source categories to satisfy 
the requirements of section 182 of the Clean Air Act, as amended. The 
following negative declarations are approved as additional information 
to the State Implementation Plan.
    (1) Maricopa County Environmental Services Department.
    (i) Refinery Sources (Refinery Process Turnarounds), Automobile and 
Light Duty Trucks, Magnet Wire, Flatwood Paneling, Pharmaceuticals and 
Cosmetic Manufacturing Operations, Rubber Tire Manufacturing, Polymer 
Manufacturing, Industrial Wastewater, Ship Building and Repair, 
Synthetic Organic Chemical Manufacturing Industry (SOCMI) Batch 
Processing, SOCMI Reactors, and SOCMI Distillation were adopted on April 
26, 2000 and submitted on December 14, 2000.
    (ii) Fiberglass Boat Manufacturing was adopted on March 24, 2004 and 
submitted on April 21, 2004.
    (b) [Reserved]

[67 FR 54743, Aug. 26, 2002, as amended at 70 FR 7041, Feb. 10, 2005]



Sec. 52.123  Approval status.

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

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

(and return to initial point)

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

    (d) With the exceptions set forth in this subpart, the Administrator 
approves the plan with respect to Part D, Title I of the Clean Air Act, 
as amended in 1977, for the nonattainment areas listed in this 
paragraph. In addition, continued satisfaction of the requirements of 
Part D for the ozone portion of the State Implementation Plan

[[Page 143]]

(SIP) depends on the adoption and submittal by January 1, 1981, of 
reasonably available control technology (RACT) requirements for sources 
covered by Control Technique Guidelines (CTG's) published between 
January 1978 and January 1979.
    (1) Maricopa County Urban Planning Area for O3.
    (e) The Administrator finds that the plan does not satisfy all the 
requirements of Part D, Title I, of the Clean Air Act as amended in 1977 
for the nonattainment and area pollutants listed in this paragraph.
    (1) Maricopa County Urban Planning Area for CO and TSP.
    (2) [Reserved]
    (3) The following portion of the Tucson TSP Air Planning Area: The 
area described by connecting the following geographic points in the 
order listed below:

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

(and return to initial point)


Excluding the area within the following townships:

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

    (f) Maricopa County PM-10 Nonattainment Area (Phoenix Planning 
Area). (1) Plan for Attainment of the 24-hour PM-10 Standard--Maricopa 
County PM-10 Nonattainment Area (May, 1997) submitted by the Arizona 
Department of Environmental Quality on May 7, 1997.
    (i) [Reserved]
    (ii) The Administrator approves the attainment and reasonable 
further progress demonstrations for the Maryvale PM-10 monitoring site 
and Salt River PM-10 monitoring site.
    (iii) The approvals in paragraphs (f)(1) (i) and (ii) of this 
section are applicable only to the plan identified in paragraph (f)(1) 
of this section and do not constitute the Administrator's final decision 
as to the State's full compliance with the requirements of Clean Air Act 
sections 189(a)(1)(C) and 189(b)(1)(B) for RACM and BACM and sections 
189(a)(1)(B), 189(b)(1)(A) and 189(c)(1) for attainment and reasonable 
further progress.
    (g) Pursuant to the Federal planning authority in section 110(c) of 
the Clean Air Act, the Administrator finds that the applicable 
implementation plan for the Maricopa County ozone nonattainment area 
demonstrates the 15 percent VOC rate of progress required under section 
182(b)(1)(A)(i).
    (h) Pursuant to the federal planning authority in section 110(c) of 
the Clean Air Act, the Administrator finds that the applicable 
implementation plan for the Maricopa County PM-10 nonattainment area 
provides for the implementation of reasonably available control measures 
as required by section 189(a)(1)(C) and demonstrates attainment by the 
applicable attainment date as required and allowed by sections 172(c)(2) 
and 189(a)(1)(B).
    (i) The Administrator approves the Maintenance Plan for the Tucson 
Air Planning Area submitted by the Arizona Department of Environmental 
Quality on October 6, 1997 as meeting requirements if section 175(A) of 
the Clean Air Act and the requirements of EPA's Limited Maintenance Plan 
option. The Administrator approves the Emissions Inventory contained in 
the Maintenance Plan as meeting the requirements of section 172(c)(3) of 
the Clean Air Act.
    (j) The Administrator is approving the following elements of the 
Metropolitan Phoenix PM-10 Nonattainment Area Serious Area PM-10 Plan as 
contained in Revised Maricopa Association of Governments 1999 Serious 
Area Particulate Plan for PM-10 for the Maricopa County Nonattainment 
Area, February 2000, submitted February 16, 2000 and Maricopa County PM-
10 Serious Area State Implementation Plan Revision, Agricultural Best 
Management Practices (BMP), ADEQ, June 2000, submitted on June 13, 2001:

[[Page 144]]

    (1) 1994 Base year emission inventory pursuant to Clean Air Act 
section 172(c)(3).
    (2) The Provisions for implementing on all significant source 
categories reasonably available control measures (except for 
agricultural sources) and best available control measures for the annual 
and 24-hour PM-10 NAAQS pursuant to section Clean Air Act sections 
189(a)(1)(c) and 189(b)(1)(b)).
    (3) The demonstration of the impracticability of attainment by 
December 31, 2001 for the annual and 24-hour PM-10 NAAQS pursuant to 
Clean Air Act section 189(b)(1)(A)(ii).
    (4) The demonstration of attainment by the most expeditious 
alternative date practicable for the annual and 24-hour PM-10 NAAQS 
pursuant to Clean Air Act section 189(b)(1)(A)(ii).
    (5) The demonstration of reasonable further progress for the annual 
and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 172(c)(2).
    (6) The quantitative milestones for the annual and 24-hour PM-10 
NAAQS pursuant to Clean Air Act section 189(c).
    (7) The inclusion of the most stringent measures for the annual and 
24-hour PM-10 NAAQS pursuant to Clean Air Act section 188(e).
    (8) The demonstration that major sources of PM-10 precursors do not 
contribute significantly to violations for the annual and 24-hour PM-10 
NAAQS pursuant to Clean Air Act section 189(e).
    (9) The contingency measures for the annual and 24-hour PM-10 NAAQS 
pursuant to Clean Air Act section 172(c)(9).
    (10) The transportation conformity budget for the annual and 24-hour 
PM-10 NAAQS pursuant to Clean Air Act section 176(c).
    (11) The provisions for assuring adequate resources, personnel, and 
legal authority to carry out the plan for the annual and 24-hour PM-10 
NAAQS pursuant to Clean Air Act section 110(a)(2)(E)(i).
    (k) The Administrator approves the revised Enhanced Vehicle 
Inspection and Maintenance Program for the Maricopa County carbon 
monoxide and ozone nonattainment area submitted by the Arizona 
Department of Environmental Quality on July 6, 2001 and April 10, 2002 
as meeting the requirements of Clean Air Act sections 182(c)(3) and 
187(a)(6) and the requirements for high enhanced inspection and 
maintenance programs contained in 40 CFR part 51, subpart S.

[38 FR 33373, Dec. 3, 1973, as amended at 48 FR 254, Jan. 4, 1983; 51 FR 
3336, Jan. 27, 1986; 51 FR 33750, Sept. 23, 1986; 62 FR 41864, Aug. 4, 
1997; 63 FR 28904, May 27, 1998; 63 FR 41350, Aug. 3, 1998; 65 FR 36358, 
June 8, 2000; 67 FR 48739, July 25, 2002; 68 FR 2914, Jan. 22, 2003]



Sec. 52.124  Part D disapproval.

    (a) The following portions of the Arizona SIP are disapproved 
because they do not meet the requirements of Part D of the Clean Air 
Act.
    (1) The attainment demonstration, conformity and contingency 
portions of the 1987 Maricopa Association of Governments Carbon Monoxide 
Plan and 1988 Addendum.
    (2) [Reserved]
    (b)-(c) [Reserved]

[56 FR 5478, Feb. 11, 1991, as amended at 62 FR 41864, Aug. 4, 1997; 63 
FR 41350, Aug. 3, 1998; 65 FR 36358, June 8, 2000; 67 FR 48739, July 25, 
2002]



Sec. 52.125  Control strategy and regulations: Sulfur oxides.

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

[[Page 145]]

the national standards for sulfur oxides to EPA by August 1, 1984. 
Therefore, the control strategies and regulations for the six smelter 
areas in the Central Arizona Intrastate, the Pima Intrastate and the 
Southeast Arizona Intrastate (Cochise and Greenlee counties) Regions are 
incomplete due to Arizona's failure to address the fugitive emissions 
problems at copper smelters.
    (2) Regulation 7-1-4.1 (copper smelters) of the Arizona Rules and 
Regulations for Air Pollution Control, as it pertains to existing copper 
smelters, is disapproved for the Central Arizona Intrastate, Pima 
Intrastate and Southeast Arizona Intrastate (Cochise and Greenlee 
counties) Regions.
    (b) The requirements of subpart G and Sec. 51.281 of this chapter 
are not met since the plan does not provide the degree of control 
necessary to attain and maintain the national standards for sulfur 
oxides in the Northern Arizona Intrastate Region. Therefore, Regulation 
7-1-4.2(C) (fuel burning installations) of the Arizona Rules and 
Regulations for Air Pollution Control, as it pertains to existing 
sources, is disapproved in the Northern Arizona Intrastate Region for 
steam power generating installations having a total rated capacity equal 
to or greater than 6,500 million B.t.u. per hour.
    (c) Replacement regulation for Regulation 7-1-4.2(C) (Fossil fuel-
fired steam generators in the Northern Arizona Intrastate Region). (1) 
This paragraph is applicable to the fossil fuel-fired steam generating 
equipment designated as Units 1, 2, and 3 at the Navajo Power Plant in 
the Northern Arizona Intrastate Region (Sec. 81.270 of this chapter).
    (2) No owner or operator of the fossil fuel-fired steam generating 
equipment to which this paragraph is applicable shall discharge or cause 
the discharge of sulfur oxides into the atmosphere in excess of the 
amount prescribed by the following equations:

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

Where:

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

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

E1 = 0.333 E or e1 = 0.333 e

Where:

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

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

[[Page 146]]

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

[37 FR 15081, July 27, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.125, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.126  Control strategy and regulations: Particulate matter.

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

[[Page 147]]

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

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

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

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



Sec. 52.128  Rule for unpaved parking lots, unpaved roads and vacant lots.

    (a) General--(1) Purpose. The purpose of this section is to limit 
the emissions of particulate matter into the ambient air from human 
activity on unpaved parking lots, unpaved roads and vacant lots.

[[Page 148]]

    (2) Applicability. The provisions of this section shall apply to 
owners/operators of unpaved roads, unpaved parking lots and vacant lots 
and responsible parties for weed abatement on vacant lots in the Phoenix 
PM-10 nonattainment area. This section does not apply to unpaved roads, 
unpaved parking lots or vacant lots located on an industrial facility, 
construction, or earth-moving site that has an approved permit issued by 
Maricopa County Environmental Services Division under Rule 200, Section 
305, Rule 210 or Rule 220 containing a Dust Control Plan approved under 
Rule 310 covering all unpaved parking lots, unpaved roads and vacant 
lots. This section does not apply to the two Indian Reservations (the 
Salt River Pima-Maricopa Indian Community and the Fort McDowell Mojave-
Apache Indian Community) and a portion of a third reservation (the Gila 
River Indian Community) in the Phoenix PM-10 nonattainment area. Nothing 
in this definition shall preclude applicability of this section to 
vacant lots with disturbed surface areas due to construction, earth-
moving, weed abatement or other dust generating operations which have 
been terminated for over eight months.
    (3) The test methods described in Appendix A of this section shall 
be used when testing is necessary to determine whether a surface has 
been stabilized as defined in paragraph (b)(16) of this section.
    (b) Definitions--(1) Average daily trips (ADT). The average number 
of vehicles that cross a given surface during a specified 24-hour time 
period as determined by the Institute of Transportation Engineers Trip 
Generation Report (6th edition, 1997) or tube counts.
    (2) Chemical/organic stabilizer--Any non-toxic chemical or organic 
dust suppressant other than water which meets any specifications, 
criteria, or tests required by any federal, state, or local water agency 
and is not prohibited for use by any applicable law, rule or regulation.
    (3) Disturbed surface area--Any portion of the earth's surface, or 
materials placed thereon, which has been physically moved, uncovered, 
destabilized, or otherwise modified from its undisturbed natural 
condition, thereby increasing the potential for emission of fugitive 
dust.
    (4) Dust suppressants--Water, hygroscopic materials, solution of 
water and chemical surfactant, foam, or non-toxic chemical/organic 
stabilizers not prohibited for use by any applicable law, rule or 
regulation, as a treatment material to reduce fugitive dust emissions.
    (5) EPA--United States Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, California 94105.
    (6) Fugitive dust--The particulate matter entrained in the ambient 
air which is caused from man-made and natural activities such as, but 
not limited to, movement of soil, vehicles, equipment, blasting, and 
wind. This excludes particulate matter emitted directly from the exhaust 
of motor vehicles and other internal combustion engines, from portable 
brazing, soldering, or welding equipment, and from piledrivers.
    (7) Lot--A parcel of land identified on a final or parcel map 
recorded in the office of the Maricopa County recorder with a separate 
and distinct number or letter.
    (8) Low use unpaved parking lot--A lot on which vehicles are parked 
no more than thirty-five (35) days a year, excluding days where the 
exemption in paragraph (c)(2) of this section applies.
    (9) Motor vehicle--A self-propelled vehicle for use on the public 
roads and highways of the State of Arizona and required to be registered 
under the Arizona State Uniform Motor Vehicle Act, including any non-
motorized attachments, such as, but not limited to, trailers or other 
conveyances which are connected to or propelled by the actual motorized 
portion of the vehicle.
    (10) Off-road motor vehicle--any wheeled vehicle which is used off 
paved roadways and includes but is not limited to the following:
    (i) Any motor cycle or motor-driven cycle;
    (ii) Any motor vehicle commonly referred to as a sand buggy, dune 
buggy, or all terrain vehicle.
    (11) Owner/operator--any person who owns, leases, operates, 
controls, maintains or supervises a fugitive dust

[[Page 149]]

source subject to the requirements of this section.
    (12) Paving--Applying asphalt, recycled asphalt, concrete, or 
asphaltic concrete to a roadway surface.
    (13) Phoenix PM-10 nonattainment area--such area as defined in 40 
CFR 81.303, excluding Apache Junction.
    (14) PM-10--Particulate matter with an aerodynamic diameter less 
than or equal to a nominal 10 micrometers as measured by reference or 
equivalent methods that meet the requirements specified for PM-10 in 40 
CFR part 50, Appendix J.
    (15) Reasonably available control measures (RACM)--Techniques used 
to prevent the emission and/or airborne transport of fugitive dust and 
dirt.
    (16) Stabilized surface--(i) Any unpaved road or unpaved parking lot 
surface where:
    (A) Any fugitive dust plume emanating from vehicular movement does 
not exceed 20 percent opacity as determined in section I.A of Appendix A 
of this section; and
    (B) Silt loading (weight of silt per unit area) is less than 0.33 
ounces per square foot as determined by the test method in section I.B 
of Appendix A of this section OR where silt loading is greater than or 
equal to 0.33 ounces per square foot and silt content does not exceed 
six (6) percent for unpaved road surfaces or eight (8) percent for 
unpaved parking lot surfaces as determined by the test method in section 
I.B of Appendix A of this section.
    (ii) Any vacant lot surface with:
    (A) A visible crust which is sufficient as determined in section 
II.1 of Appendix A of this section;
    (B) A threshold friction velocity (TFV), corrected for non-erodible 
elements, of 100 cm/second or higher as determined in section II.2 of 
Appendix A of this section;
    (C) Flat vegetation cover equal to at least 50 percent as determined 
in section II.3 of Appendix A of this section;
    (D) Standing vegetation cover equal to or greater than 30 percent as 
determined in section II.4 of Appendix A of this section; or
    (E) Standing vegetation cover equal to or greater than 10 percent as 
determined in section II.4 of Appendix A of this section where threshold 
friction velocity, corrected for non-erodible elements, as determined in 
section II.2 of Appendix A of this section is equal to or greater than 
43 cm/second.
    (17) Unpaved parking lot--A privately or publicly owned or operated 
area utilized for parking vehicles that is not paved and is not a Low 
use unpaved parking lot.
    (18) Unpaved road--Any road, equipment path or driveway used by 
motor vehicles or off-road motor vehicles that is not paved which is 
open to public access and owned/operated by any federal, state, county, 
municipal or other governmental or quasi-governmental agencies.
    (19) Urban or suburban open area--An unsubdivided or undeveloped 
tract of land adjoining a residential, industrial or commercial area, 
located on public or private property.
    (20) Vacant lot--A subdivided residential, industrial, 
institutional, governmental or commercial lot which contains no approved 
or permitted buildings or structures of a temporary or permanent nature.
    (c) Exemptions. The following requirements in paragraph (d) of this 
section do not apply:
    (1) In paragraphs (d)(1), (d)(2) and (d)(4)(iii) of this section: 
Any unpaved parking lot or vacant lot 5,000 square feet or less.
    (2) In paragraphs (d)(1) and (d)(2) of this section: Any unpaved 
parking lot on any day in which ten (10) or fewer vehicles enter.
    (3) In paragraphs (d)(4)(i) and (d)(4)(ii) of this section: Any 
vacant lot with less than 0.50 acre (21,780 square feet) of disturbed 
surface area(s).
    (4) In paragraph (d) of this section: Non-routine or emergency 
maintenance of flood control channels and water retention basins.
    (5) In paragraph (d) of this section: Vehicle test and development 
facilities and operations when dust is required to test and validate 
design integrity, product quality and/or commercial acceptance. Such 
facilities and operations shall be exempted from the provisions of this 
section only if such testing is not feasible within enclosed facilities.

[[Page 150]]

    (6) In paragraph (d)(4)(i) of this section: Weed abatement 
operations performed on any vacant lot or property under the order of a 
governing agency for the control of a potential fire hazard or otherwise 
unhealthy condition provided that mowing, cutting, or another similar 
process is used to maintain weed stubble at least three (3) inches above 
the soil surface. This includes the application of herbicides provided 
that the clean-up of any debris does not disturb the soil surface.
    (7) In paragraph (d)(4)(i) of this section: Weed abatement 
operations that receive an approved Earth Moving permit under Maricopa 
County Rule 200, Section 305 (adopted 11/15/93).
    (d) Requirements--(1) Unpaved parking lots. Any owners/operators of 
an unpaved parking lot shall implement one of the following RACM on any 
surface area(s) of the lot on which vehicles enter and park.
    (i) Pave; or
    (ii) Apply chemical/organic stabilizers in sufficient concentration 
and frequency to maintain a stabilized surface; or
    (iii) Apply and maintain surface gravel uniformly such that the 
surface is stabilized; or
    (iv) Apply and maintain an alternative control measure such that the 
surface is stabilized, provided that the alternative measure is not 
prohibited under paragraph (b)(2) or (b)(4) of this section.
    (2) Any owners/operators of a low use unpaved parking lot as defined 
in paragraph (b)(8) of this section shall implement one of the RACM 
under paragraph (d)(1) of this section on any day(s) in which over 100 
vehicles enter the lot, such that the surface area(s) on which vehicles 
enter and park is/are stabilized throughout the duration of time that 
vehicles are parked.
    (3) Unpaved roads. Any owners/operators of existing unpaved roads 
with ADT volumes of 250 vehicles or greater shall implement one of the 
following RACM along the entire surface of the road or road segment that 
is located within the Phoenix non-attainment area by June 10, 2000:
    (i) Pave; or
    (ii) Apply chemical/organic stabilizers in sufficient concentration 
and frequency to maintain a stabilized surface; or
    (iii) Apply and maintain surface gravel uniformly such that the 
surface is stabilized; or
    (iv) Apply and maintain an alternative control measure such that the 
surface is stabilized, provided that the alternative measure is not 
prohibited under paragraph (b)(2) or (b)(4) of this section.
    (4) Vacant lots. The following provisions shall be implemented as 
applicable.
    (i) Weed abatement. No person shall remove vegetation from any 
vacant lot by blading, disking, plowing under or any other means without 
implementing all of the following RACM to prevent or minimize fugitive 
dust.
    (A) Apply a dust suppressant(s) to the total surface area subject to 
disturbance immediately prior to or during the weed abatement.
    (B) Prevent or eliminate material track-out onto paved surfaces and 
access points adjoining paved surfaces.
    (C) Apply a dust suppressant(s), gravel, compaction or alternative 
control measure immediately following weed abatement to the entire 
disturbed surface area such that the surface is stabilized.
    (ii) Disturbed surfaces. Any owners/operators of an urban or 
suburban open area or vacant lot of which any portion has a disturbed 
surface area(s) that remain(s) unoccupied, unused, vacant or undeveloped 
for more than fifteen (15) calendar days shall implement one of the 
following RACM within sixty (60) calendar days following the 
disturbance.
    (A) Establish ground cover vegetation on all disturbed surface areas 
in sufficient quantity to maintain a stabilized surface; or
    (B) Apply a dust suppressant(s) to all disturbed surface areas in 
sufficient quantity and frequency to maintain a stabilized surface; or
    (C) Restore to a natural state, i.e. as existing in or produced by 
nature without cultivation or artificial influence, such that all 
disturbed surface areas are stabilized; or
    (D) Apply and maintain surface gravel uniformly such that all 
disturbed surface areas are stabilized; or

[[Page 151]]

    (E) Apply and maintain an alternative control measure such that the 
surface is stabilized, provided that the alternative measure is not 
prohibited under paragraph (b)(2) or (b)(4) of this section.
    (iii) Motor vehicle disturbances. Any owners/operators of an urban 
or suburban open area or vacant lot of which any portion has a disturbed 
surface area due to motor vehicle or off-road motor vehicle use or 
parking, notwithstanding weed abatement operations or use or parking by 
the owner(s), shall implement one of the following RACM within 60 
calendar days following the initial determination of disturbance.
    (A) Prevent motor vehicle and off-road motor vehicle trespass/ 
parking by applying fencing, shrubs, trees, barriers or other effective 
measures; or
    (B) Apply and maintain surface gravel or chemical/organic stabilizer 
uniformly such that all disturbed surface areas are stabilized.
    (5) Implementation date of RACM. All of the requirements in 
paragraph (d) of this section shall be effective eight (8) months from 
September 2, 1998. For requirements in paragraph (d)(4)(ii) and 
(d)(4)(iii) of this section, RACM shall be implemented within eight (8) 
months from September 2, 1998, or within 60 calendar days following the 
disturbance, whichever is later.
    (e) Monitoring and records. (1) Any owners/operators that are 
subject to the provisions of this section shall compile and retain 
records that provide evidence of control measure application, indicating 
the type of treatment or measure, extent of coverage and date applied. 
For control measures involving chemical/organic stabilization, records 
shall also indicate the type of product applied, vendor name, label 
instructions for approved usage, and the method, frequency, 
concentration and quantity of application.
    (2) Copies of control measure records and dust control plans along 
with supporting documentation shall be retained for at least three 
years.
    (3) Agency surveys. (i) EPA or other appropriate entity shall 
conduct a survey of the number and size (or length) of unpaved roads, 
unpaved parking lots, and vacant lots subject to the provisions of this 
section located within the Phoenix PM-10 nonattainment area beginning no 
later than 365 days from September 2, 1998.
    (ii) EPA or other appropriate entity shall conduct a survey at least 
every three years within the Phoenix PM-10 nonattainment area beginning 
no later than 365 days from September 2, 1998, which includes:
    (A) An estimate of the percentage of unpaved roads, unpaved parking 
lots, and vacant lots subject to this section to which RACM as required 
in this section have been applied; and
    (B) A description of the most frequently applied RACM and estimates 
of their control effectiveness.

Appendix A to Sec. 52.128--Test Methods To Determine Whether A Surface 
                              Is Stabilized

                I. Unpaved Roads and Unpaved Parking Lots

                         A. Opacity Observations

    Conduct opacity observations in accordance with Reference Method 9 
(40 CFR Part 60, appendix A) and Methods 203A and 203C of this appendix, 
with opacity readings taken at five second observation intervals and two 
consecutive readings per plume beginning with the first reading at zero 
seconds, in accordance with Method 203C, sections 2.3.2. and 2.4.2 of 
this appendix. Conduct visible opacity tests only on dry unpaved 
surfaces (i.e. when the surface is not damp to the touch) and on days 
when average wind speeds do not exceed 15 miles per hour (mph).

   (i) Method 203A--Visual Determination of Opacity of Emissions From 
            Stationary Sources for Time-Arranged Regulations

    Method 203A is virtually identical to EPA's Method 9 (40 CFR Part 60 
Appendix A) except for the data-reduction procedures, which provide for 
averaging times other than 6 minutes. That is, using Method 203A with a 
6-minute averaging time would be the same as following EPA Method 9 (40 
CFR Part 60, Appendix A). Additionally, Method 203A provides procedures 
for fugitive dust applications. The certification procedures provided in 
section 3 are virtually identical to Method 9 (40 CFR Part 60, Appendix 
A) and are provided here, in full, for clarity and convenience.

                     1. Applicability and Principle

    1.1 Applicability. This method is applicable for the determination 
of the opacity of emissions from sources of visible emissions for time-
averaged regulations. A time-averaged regulation is any regulation that 
requires averaging visible emission data to determine

[[Page 152]]

the opacity of visible emissions over a specific time period.
    1.2 Principle. The opacity of emissions from sources of visible 
emissions is determined visually by an observer qualified according to 
the procedures of section 3.

                              2. Procedures

    An observer qualified in accordance with section 3 of this method 
shall use the following procedures for visually determining the opacity 
of emissions.
    2.1 Procedures for Emissions from Stationary Sources. These 
procedures are not applicable to this section.
    2.2 Procedures for Fugitive Process Dust Emissions. These procedures 
are applicable for the determination of the opacity of fugitive 
emissions by a qualified observer. The qualified field observer should 
do the following:
    2.2.1 Position. Stand at a position at least 5 meters from the 
fugitive dust source in order to provide a clear view of the emissions 
with the sun oriented in the 140-degree sector to the back. Consistent 
as much as possible with maintaining the above requirements, make 
opacity observations from a position such that the line of vision is 
approximately perpendicular to the plume and wind direction. As much as 
possible, if multiple plumes are involved, do not include more than one 
plume in the line of sight at one time.
    2.2.2 Field Records. Record the name of the plant or site, fugitive 
source location, source type [pile, stack industrial process unit, 
incinerator, open burning operation activity, material handling 
(transfer, loading, sorting, etc.)], method of control used, if any, 
observer's name, certification data and affiliation, and a sketch of the 
observer's position relative to the fugitive source. Also, record the 
time, estimated distance to the fugitive source location, approximate 
wind direction, estimated wind speed, description of the sky condition 
(presence and color of clouds), observer's position relative to the 
fugitive source, and color of the plume and type of background on the 
visible emission observation form when opacity readings are initiated 
and completed.
    2.2.3 Observations. Make opacity observations, to the extent 
possible, using a contrasting background that is perpendicular to the 
line of vision. For roads, storage piles, and parking lots, make opacity 
observations approximately 1 meter above the surface from which the 
plume is generated. For other fugitive sources, make opacity 
observations at the point of greatest opacity in that portion of the 
plume where condensed water vapor is not present. For intermittent 
sources, the initial observation should begin immediately after a plume 
has been created above the surface involved. Do not look continuously at 
the plume but, instead, observe the plume momentarily at 15-second 
intervals.
    2.3 Recording Observations. Record the opacity observations to the 
nearest 5 percent every 15 seconds on an observational record sheet. 
Each momentary observation recorded represents the average opacity of 
emissions for a 15-second period.
    2.4 Data Reduction for Time-Averaged Regulations. A set of 
observations is composed of an appropriate number of consecutive 
observations determined by the averaging time specified. Divide the 
recorded observations into sets of appropriate time lengths for the 
specified averaging time. Sets must consist of consecutive observations; 
however, observations immediately preceding and following interrupted 
observations shall be deemed consecutive. Sets need not be consecutive 
in time and in no case shall two sets overlap, resulting in multiple 
violations. For each set of observations, calculate the appropriate 
average opacity.

                      3. Qualification and Testing

    3.1 Certification Requirements. To receive certification as a 
qualified observer, a candidate must be tested and demonstrate the 
ability to assign opacity readings in 5 percent increments to 25 
different black plumes and 25 different white plumes, with an error not 
to exceed 15 percent opacity on any one reading and an average error not 
to exceed 7.5 percent opacity in each category. Candidates shall be 
tested according to the procedures described in paragraph 3.2. Any smoke 
generator used pursuant to paragraph 3.2 shall be equipped with a smoke 
meter which meets the requirements of paragraph 3.3. Certification tests 
that do not meet the requirements of paragraphs 3.2 and 3.3 are not 
valid.
    The certification shall be valid for a period of 6 months, and after 
each 6-month period, the qualification procedures must be repeated by an 
observer in order to retain certification.
    3.2 Certification Procedure. The certification test consists of 
showing the candidate a complete run of 50 plumes, 25 black plumes and 
25 white plumes, generated by a smoke generator. Plumes shall be 
presented in random order within each set of 25 black and 25 white 
plumes. The candidate assigns an opacity value to each plume and records 
the observation on a suitable form. At the completion of each run of 50 
readings, the score of the candidate is determined. If a candidate fails 
to qualify, the complete run of 50 readings must be repeated in any 
retest. The smoke test may be administered as part of a smoke school or 
training program, and may be preceded by training or familiarization 
runs of the smoke generator during which candidates are shown black and 
white plumes of known opacity.

[[Page 153]]

    3.3 Smoke Generator Specifications. Any smoke generator used for the 
purpose of paragraph 3.2 shall be equipped with a smoke meter installed 
to measure opacity across the diameter of the smoke generator stack. The 
smoke meter output shall display in-stack opacity, based upon a path 
length equal to the stack exit diameter on a full 0 to 100 percent chart 
recorder scale. The smoke meter optical design and performance shall 
meet the specifications shown in Table A. The smoke meter shall be 
calibrated as prescribed in paragraph 3.3.1 prior to conducting each 
smoke reading test. At the completion of each test, the zero and span 
drift, shall be checked, and if the drift exceeds 1 percent opacity, the condition shall be corrected 
prior to conducting any subsequent test runs. The smoke meter shall be 
demonstrated at the time of installation to meet the specifications 
listed in Table A. This demonstration shall be repeated following any 
subsequent repair or replacement of the photocell or associated 
electronic circuitry including the chart recorder or output meter, or 
every 6 months, whichever occurs first.
    3.3.1 Calibration. The smoke meter is calibrated after allowing a 
minimum of 30 minutes warm-up by alternately producing simulated opacity 
of 0 percent and 100 percent. When stable response at 0 percent or 100 
percent is noted, the smoke meter is adjusted to produce an output of 0 
percent or 100 percent, as appropriate. This calibration shall be 
repeated until stable 0 percent and 100 percent readings are produced 
without adjustment. Simulated 0 percent and 100 percent opacity values 
may be produced by alternately switching the power to the light source 
on and off while the smoke generator is not producing smoke.
    3.3.2 Smoke Meter Evaluation. The smoke meter design and performance 
are to be evaluated as follows:
    3.3.2.1 Light Source. Verify from manufacturer's data and from 
voltage measurements made at the lamp, as installed, that the lamp is 
operated within 5 percent of the nominal rated 
voltage.
    3.3.2.2 Spectral Response of Photocell. Verify from manufacturer's 
data that the photocell has a photopic response; i.e., the spectral 
sensitivity of the cell shall closely approximate the standard spectral-
luminosity curve for photopic vision which is referenced in (b) of Table 
A.
    3.3.2.3 Angle of View. Check construction geometry to ensure that 
the total angle of view of the smoke plume, as seen by the photocell, 
does not exceed 15 degrees. Calculate the total angle of view as 
follows:

[phis]v = 2 tan-1 d/2L

Where:

[phis]v = total angle of view;
d = the photocell diameter + the diameter of the limiting aperture; and
L = distance from the photocell to the limiting aperture.

    The limiting aperture is the point in the path between the photocell 
and the smoke plume where the angle of view is most restricted. In smoke 
generator smoke meters, this is normally an orifice plate.
    3.3.2.4 Angle of Projection. Check construction geometry to ensure 
that the total angle of projection of the lamp on the smoke plume does 
not exceed 15 degrees. Calculate the total angle of projection as 
follows:

[phis]p = 2 tan-1 d/2L

Where:

[phis]p = total angle of projection;
d = the sum of the length of the lamp filament + the diameter of the 
limiting aperture; and
L = the distance from the lamp to the limiting aperture.

    3.3.2.5 Calibration Error. Using neutral-density filters of known 
opacity, check the error between the actual response and the theoretical 
linear response of the smoke meter. This check is accomplished by first 
calibrating the smoke meter according to 3.3.1 and then inserting a 
series of three neutral-density filters of nominal opacity of 20, 50, 
and 75 percent in the smoke meter path length. Use filters calibrated 
within 2 percent. Care should be taken when 
inserting the filters to prevent stray light from affecting the meter. 
Make a total of five nonconsecutive readings for each filter. The 
maximum opacity error on any one reading shall be 3 percent.
    3.3.2.6 Zero and Span Drift. Determine the zero and span drift by 
calibrating and operating the smoke generator in a normal manner over a 
1-hour period. The drift is measured by checking the zero and span at 
the end of this period.
    3.3.2.7 Response Time. Determine the response time by producing the 
series of five simulated 0 percent and 100 percent opacity values and 
observing the time required to reach stable response. Opacity values of 
0 percent and 100 percent may be simulated by alternately switching the 
power to the light source off and on while the smoke generator is not 
operating.

                              4. References

    1. U.S. Environmental Protection Agency. Standards of Performance 
for New Stationary Sources; appendix A; Method 9 for Visual 
Determination of the Opacity of Emissions from Stationary Sources. Final 
Rule. 39 FR 219. Washington, DC. U.S. Government Printing Office. 
November 12, 1974.
    2. Office of Air and Radiation. ``Quality Assurance Guideline for 
Visible Emission

[[Page 154]]

Training Programs.'' EPA-600/S4-83-011. Quality Assurance Division. 
Research Triangle Park, N.C. May 1982.
    3. ``Method 9--Visible Determination of the Opacity of Emissions 
from Stationary Sources.'' February 1984. Quality Assurance Handbook for 
Air Pollution Measurement Systems. Volume III, section 3.1.2. Stationary 
Source Specific Methods. EPA-600-4-77-027b. August 1977. Office of 
Research and Development Publications, 26 West Clair Street, Cincinnati, 
OH.
    4. Office of Air Quality Planning and Standards. ``Opacity Error for 
Averaging and Nonaveraging Data Reduction and Reporting Techniques.'' 
Final Report-SR-1-6-85. Emission Measurement Branch, Research Triangle 
Park, N.C. June 1985.
    5. The U.S. Environmental Protection Agency. Preparation, Adoption, 
and Submittal of State Implementation Plans. Methods for Measurement of 
PM10 Emissions from Stationary Sources. Final Rule. Federal 
Register. Washington, DC. U.S. Government Printing Office. Volumes 55. 
No. 74. pps. 14246-14279. April 17, 1990.

  (ii) Method 203C--Visual Determination of Opacity of Emissions From 
       Stationary Sources for Instantaneous Limitation Regulations

    Method 203C is virtually identical to EPA's Method 9 (40 CFR Part 
60, Appendix A), except for the data-reduction procedures which have 
been modified for application to instantaneous limitation regulations. 
Additionally, Method 203C provides procedures for fugitive dust 
applications which were unavailable when Method 9 was promulgated. The 
certification procedures in section 3 are identical to Method 9. These 
certification procedures are provided in Method 203A as well, and, 
therefore, have not been repeated in this method.

                     1. Applicability and Principle

    1.1 Applicability. This method is applicable for the determination 
of the opacity of emissions from sources of visible emissions for 
instantaneous limitations. An instantaneous limitation regulation is an 
opacity limit which is never to be exceeded.
    1.2 Principle. The opacity of emissions from sources of visible 
emissions is determined visually by a qualified observer.

                              2. Procedures

    The observer qualified in accordance with section 3 of this method 
shall use the following procedures for visually determining the opacity 
of emissions.
    2.1 Procedures for Emissions From Stationary Sources. Same as 2.1, 
Method 203A.
    2.1.1 Position. Same as 2.1.1, Method 203A.
    2.1.2 Field Records. Same as 2.1.2, Method 203A.
    2.1.3 Observations. Make opacity observations at the point of 
greatest opacity in that portion of the plume where condensed water 
vapor is not present.
    Do not look continuously at the plume. Instead, observe the plume 
momentarily at the interval specified in the subject regulation. Unless 
otherwise specified, a 15-second observation interval is assumed.
    2.1.3.1 Attached Steam Plumes. Same as 2.1.3.1, Method 203A.
    2.1.3.2 Detached Steam Plumes. Same as 2.1.3.2, Method 203A.
    2.2 Procedures for Fugitive Process Dust Emissions.
    2.2.1 Position. Same as section 2.2.1, Method 203A.
    2.2.2 Field Records. Same as section 2.2.2, Method 203A.
    2.2.3 Observations.
    2.2.3.1 Observations for a 15-second Observation Interval 
Regulations. Same as section 2.2.3, Method 203A.
    2.2.3.2 Observations for a 5-second Observation Interval 
Regulations. Same as section 2.2.3, Method 203A, except, observe the 
plume momentarily at 5-second intervals.
    2.3 Recording Observations. Record opacity observations to the 
nearest 5 percent at the prescribed interval on an observational record 
sheet. Each momentary observation recorded represents the average of 
emissions for the prescribed period. If a 5-second observation period is 
not specified in the applicable regulation, a 15-second interval is 
assumed. The overall time for which recordings are made shall be of a 
length appropriate to the regulation for which opacity is being 
measured.
    2.3.1 Recording Observations for 15-second Observation Interval 
Regulations. Record opacity observations to the nearest 5 percent at 15-
second intervals on an observational record sheet. Each momentary 
observation recorded represents the average of emissions for a 15-second 
period.
    2.3.2 Recording Observations for 5-second Observation Interval 
Regulations. Record opacity observations to the nearest 5 percent at 5-
second intervals on an observational record sheet. Each momentary 
observation recorded represents the average of emissions for 5-second 
period.
    2.4 Data Reduction for Instantaneous Limitation Regulations. For an 
instantaneous limitation regulation, a 1-minute averaging time will be 
used. Divide the observations recorded on the record sheet into sets of 
consecutive observations. A set is composed of the consecutive 
observations made in 1 minute. Sets need not be consecutive in time, and 
in no case shall two sets overlap. Reduce opacity observations by 
dividing the sum of all observations recorded in a set by the number of 
observations recorded in each set.

[[Page 155]]

    2.4.1 Data Reduction for 15-second Observation Intervals. Reduce 
opacity observations by averaging four consecutive observations recorded 
at 15-second intervals. Divide the observations recorded on the record 
sheet into sets of four consecutive observations. For each set of four 
observations, calculate the average by summing the opacity of the four 
observations and dividing this sum by four.
    2.4.2 Data Reduction for 5-second Observation Intervals. Reduce 
opacity observations by averaging 12 consecutive observations recorded 
at 5-second intervals. Divide the observations recorded on the record 
sheet into sets of 12 consecutive observations. For each set of 12 
observations, calculate the average by summing the opacity of the 12 
observations and dividing this sum by 12.

                        3. Qualification and Test

    Same as section 3, Method 203A.

       TABLE A--Smoke Meter Design and Performance Specifications
------------------------------------------------------------------------
               Parameter                          Specification
------------------------------------------------------------------------
a. Light Source........................  Incandescent lamp operated at
                                          nominal rated voltage.
b. Spectral response of photocell......  Photopic (daylight spectral
                                          response of the human eye--
                                          Reference 4.1 of section 4.)
c. Angle of view.......................  15 degrees maximum total angle
d. Angle of projection.................  15 degrees maximum total angle.
e. Calibration error...................  3 percent
                                          opacity, maximum.
f. Zero and span drift.................  1 percent
                                          opacity, 30 minutes.
g. Response time.......................  <=5 seconds.
------------------------------------------------------------------------

                             B. Silt Content

    Conduct the following test method to determine the silt loading and 
silt content of unpaved road and unpaved parking lot surfaces.
    (i) Collect a sample of loose surface material from an area 30 cm by 
30 cm (1 foot by 1 foot) in size to a depth of approximately 1 cm or 
until a hard subsurface is reached, whichever occurs first. Use a brush 
and dustpan or other similar device. Collect the sample from a 
routinely-traveled portion of the surface which receives a preponderance 
of vehicle traffic, i.e. as commonly evidenced by tire tracks. Conduct 
sweeping slowly so that fine surface material is not released into the 
air. Only collect samples from surfaces that are not wet or damp due to 
precipitation or dew.
    (ii) Obtain a shallow, lightweight container and a scale with 
readings in half ounce increments or less. Place the scale on a level 
surface and zero it with the weight of the empty container. Transfer the 
entire sample collected to the container, minimizing escape of particles 
into the air. Weigh the sample and record its weight.
    (iii) Obtain and stack a set of sieves with the following openings: 
4 mm, 2 mm, 1 mm, 0.5 mm, and 0.25 mm. Place the sieves in order 
according to size openings beginning with the largest size opening at 
the top. Place a collector pan underneath the bottom (0.25 mm) sieve. 
Pour the entire sample into the top sieve, minimizing escape of 
particles into the air by positioning the sieve/collector pan unit in an 
enclosed or wind barricaded area. Cover the sieve/collector pan unit 
with a lid. Shake the covered sieve/collector pan unit vigorously for a 
period of at least one (1) minute in both the horizontal and vertical 
planes. Remove the lid from the sieve/collector pan unit and disassemble 
each sieve separately beginning with the largest sieve. As each sieve is 
removed, examine it for a complete separation of material in order to 
ensure that all material has been sifted to the finest sieve through 
which it can pass. If not, reassemble and cover the sieve/collector pan 
unit and shake it for period of at least one (1) minute. After 
disassembling the sieve/collector pan unit, transfer the material which 
is captured in the collector pan into the lightweight container 
originally used to collect and weigh the sample. Minimize escape of 
particles into the air when transferring the material into the 
container. Weigh the container with the material from the collector pan 
and record its weight. Multiply the resulting weight by 0.38 if the 
source is an unpaved road or by 0.55 if the source is an unpaved parking 
lot to estimate silt loading. Divide by the total sample weight and 
multiply by 100 to arrive at the percent silt content.
    (iv) As an alternative to conducting the procedure described above 
in section I.B.(ii) and section I.B.(iii) of this appendix, the sample 
(collected according to section I.B.(i) of this appendix) may be taken 
to an independent testing laboratory or engineering facility for silt 
loading (e.g. net weight < 200 mesh) and silt content analysis according 
to the following test method from ``Procedures For Laboratory Analysis 
Of Surface/Bulk Dust Loading Samples'', (Fifth Edition, Volume I, 
Appendix C.2.3 ``Silt Analysis'', 1995), AP-42, Office of Air Quality 
Planning & Standards, U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina.
    1. Objective--Several open dust emission factors have been found to 
be correlated with the silt content(< 200 mesh) of the material being 
disturbed. The basic procedure for silt content determination is 
mechanical, dry sieving. For sources other than paved roads, the same 
sample which was oven-dried to determine moisture content is then 
mechanically sieved.
    2.1 Procedure--Select the appropriate 20-cm (8-in.) diameter, 5-cm 
(2-in.) deep sieve sizes.

[[Page 156]]

    Recommended U. S. Standard Series sizes are 3/8 in., No. 4, No. 40, 
No. 100, No. 140, No. 200, and a pan. Comparable Tyler Series sizes can 
also be used. The No. 20 and the No. 200 are mandatory. The others can 
be varied if the recommended sieves are not available, or if buildup on 
1 particulate sieve during sieving indicates that an intermediate sieve 
should be inserted.
    2.2 Obtain a mechanical sieving device, such as a vibratory shaker 
or a Roto-Tap [delta] \1\ without the tapping function.
---------------------------------------------------------------------------

    \1\ CFR part 60, App. A, Meth. 5, 2.1.2, footnote 2.
---------------------------------------------------------------------------

    2.3 Clean the sieves with compressed air and/or a soft brush. Any 
material lodged in the sieve openings or adhering to the sides of the 
sieve should be removed, without handling the screen roughly, if 
possible.
    2.4 Obtain a scale (capacity of at least 1600 grams [g] or 3.5 lb) 
and record make, capacity, smallest division, date of last calibration, 
and accuracy. (See Figure A)
    2.5 Weigh the sieves and pan to determine tare weights. Check the 
zero before every weighing. Record the weights.
    2.6 After nesting the sieves in decreasing order of size, and with 
pan at the bottom, dump dried laboratory sample (preferably immediately 
after moisture analysis) into the top sieve. The sample should weigh 
between [cent] 400 and 1600 g ([cent] 0.9 and 3.5 lb). This amount will 
vary for finely textured materials, and 100 to 300 g may be sufficient 
when 90% of the sample passes a No. 8 (2.36 mm) sieve. Brush any fine 
material adhering to the sides of the container into the top sieve and 
cover the top sieve with a special lid normally purchased with the pan.
    2.7 Place nested sieves into the mechanical sieving device and sieve 
for 10 minutes (min). Remove pan containing minus No. 200 and weigh. 
Repeat the sieving at 10-min intervals until the difference between 2 
successive pan sample weighings (with the pan tare weight subtracted) is 
less than 3.0%. Do not sieve longer than 40 min.
    2.8 Weigh each sieve and its contents and record the weight. Check 
the zero before every weighing.
    2.9 Collect the laboratory sample. Place the sample in a separate 
container if further analysis is expected.
    2.10 Calculate the percent of mass less than the 200 mesh screen (75 
micrometers [[micro]m]). This is the silt content.
    Figure A. Example silt analysis form.

                              Silt Analysis

Dated: ----------
By: ------------------------
Sample No: -------- Sample Weight (after drying)
Material: --------
    Pan + Sample: ------------
    Pan: ------------
    Split Sample Balance: ------------
    Dry Sample: --------------
Make ------------ Capacity: ------------
Smallest Division --------
Final Weight ------------
% Silt = [Net Weight <200 Mesh] / [Total Net Weight x 100] =----%

                                 Sieving
------------------------------------------------------------------------
               Time: Start:                       Weight (Pan Only)
------------------------------------------------------------------------
Initial (Tare):
10 min:
20 min:
30 min:
40 min:
------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                            Final weight (screen
              Screen                 Tare weight (screen)        + sample)         Net weight (sample)      %
----------------------------------------------------------------------------------------------------------------
\3/8\ in..........................
4 mesh............................
10 mesh...........................
20 mesh...........................
40 mesh...........................
100 mesh..........................
140 mesh..........................
200 mesh..........................
Pan...............................
----------------------------------------------------------------------------------------------------------------

    (v) The silt loading and percent silt content for any given unpaved 
road surface or unpaved parking lot surface shall be based on the 
average of at least three (3) samples that are representative of 
routinely-traveled portions of the road or parking lot surface. In order 
to simplify the sieve test procedures in section I.B.(ii) and section 
I.B.(iii) of this appendix, the three samples may be combined as long as 
all material is sifted to the finest sieve through which it can pass, 
each sample weighs within 1 ounce of the other two samples, and the 
combined weight of the samples and unit area from which they were 
collected is calculated and recorded accurately.

[[Page 157]]

                             II. Vacant Lots

    The following test methods shall be used for determining whether a 
vacant lot, or portion thereof, has a stabilized surface.
    Should a disturbed vacant lot contain more than one type of 
disturbance, soil, vegetation or other characteristics which are visibly 
distinguishable, test each representative surface for stability 
separately in random areas according to the test methods in section II. 
of this appendix and include or eliminate it from the total size 
assessment of disturbed surface area(s) depending upon test method 
results. A vacant lot surface shall be considered stabilized if any of 
the test methods in section II. of this appendix indicate that the 
surface is stabilized such that the conditions defined in paragraph 
(b)(16)(ii) of this section are met:

                     1. Visible Crust Determination

    (i) Where a visible crust exists, drop a steel ball with a diameter 
of 15.9 millimeters (0.625 inches) and a mass ranging from 16 to 17 
grams from a distance of 30 centimeters (one foot) directly above (at a 
90 degree angle perpendicular to) the soil surface. If blowsand is 
present, clear the blowsand from the surfaces on which the visible crust 
test method is conducted. Blowsand is defined as thin deposits of loose 
uncombined grains covering less than 50 percent of a vacant lot which 
have not originated from the representative vacant lot surface being 
tested. If material covers a visible crust which is not blowsand, apply 
the test method in section II.2 of this appendix to the loose material 
to determine whether the surface is stabilized.
    (ii) A sufficient crust is defined under the following conditions: 
once a ball has been dropped according to section II.1.(i) of this 
appendix, the ball does not sink into the surface so that it is 
partially or fully surrounded by loose grains and, upon removing the 
ball, the surface upon which it fell has not been pulverized so that 
loose grains are visible.
    (iii) Conduct three tests, dropping the ball once per test, within a 
survey area the size of one foot by one foot. The survey area shall be 
considered sufficiently crusted if at least two out of three tests meet 
the definition in section II.1.(ii) of this appendix. Select at least 
two other survey areas that represent the disturbed surface area and 
repeat this procedure. Whether a sufficient crust covers the disturbed 
surface area shall be based on a determination that all of the survey 
areas tested are sufficiently crusted.
    (iv) At any given site, the existence of a sufficient crust covering 
one portion of a disturbed surface may not represent the existence or 
protectiveness of a crust on another disturbed surface(s). Repeat the 
visible crust test as often as necessary on each representative 
disturbed surface area for an accurate assessment of all disturbed 
surfaces at a given site.

          2. Determination of Threshold Friction Velocity (TFV)

    For disturbed surface areas that are not crusted or vegetated, 
determine threshold friction velocity (TFV) according to the following 
sieving field procedure (based on a 1952 laboratory procedure published 
by W. S. Chepil).
    (i) Obtain and stack a set of sieves with the following openings: 4 
millimeters (mm), 2 mm, 1 mm, 0.5 mm, and 0.25 mm. Place the sieves in 
order according to size openings beginning with the largest size opening 
at the top. Place a collector pan underneath the bottom (0.25 mm) sieve. 
Collect a sample of loose surface material from an area at least 30 cm 
by 30 cm in size to a depth of approximately 1 cm using a brush and 
dustpan or other similar device. Only collect soil samples from dry 
surfaces (i.e. when the surface is not damp to the touch). Remove any 
rocks larger than 1 cm in diameter from the sample. Pour the sample into 
the top sieve (4 mm opening) and cover the sieve/collector pan unit with 
a lid. Minimize escape of particles into the air when transferring 
surface soil into the sieve/collector pan unit. Move the covered sieve/
collector pan unit by hand using a broad, circular arm motion in the 
horizontal plane. Complete twenty circular arm movements, ten clockwise 
and ten counterclockwise, at a speed just necessary to achieve some 
relative horizontal motion between the sieves and the particles. Remove 
the lid from the sieve/collector pan unit and disassemble each sieve 
separately beginning with the largest sieve. As each sieve is removed, 
examine it for loose particles. If loose particles have not been sifted 
to the finest sieve through which they can pass, reassemble and cover 
the sieve/collector pan unit and gently rotate it an additional ten 
times. After disassembling the sieve/collector pan unit, slightly tilt 
and gently tap each sieve and the collector pan so that material aligns 
along one side. In doing so, minimize escape of particles into the air. 
Line up the sieves and collector pan in a row and visibly inspect the 
relative quantities of catch in order to determine which sieve (or 
whether the collector pan) contains the greatest volume of material. If 
a visual determination of relative volumes of catch among sieves is 
difficult, use a graduated cylinder to measure the volume. Estimate TFV 
for the sieve catch with the greatest volume using Table 1, which 
provides a correlation between sieve opening size and TFV.

[[Page 158]]



  Table 1 (Metric Units)--Determination of Threshold Friction Velocity
                                  (TFV)
------------------------------------------------------------------------
                                                      Opening   TFV (cm/
                  Tyler Sieve No.                       (mm)       s)
------------------------------------------------------------------------
5..................................................       4     =10%............................  5
=5% and < 10%...................  3
< 5% and = 1%...................  2
< 1%.......................................  None.
------------------------------------------------------------------------

                3. Determination of Flat Vegetation Cover

    Flat vegetation includes attached (rooted) vegetation or unattached 
vegetative debris lying on the surface with a predominant horizontal 
orientation that is not subject to movement by wind. Flat vegetation 
which is dead but firmly attached shall be considered equally protective 
as live vegetation. Stones or other aggregate larger than one centimeter 
in diameter shall be considered protective cover in the course of 
conducting the line transect method. Where flat vegetation exists, 
conduct the following line transect method.
    (i) Stretch a one-hundred (100) foot measuring tape across a 
disturbed surface area. Firmly anchor both ends of the measuring tape 
into the surface using a tool such as a screwdriver with the tape 
stretched taut and close to the soil surface. If vegetation exists in 
regular rows, place the tape diagonally (at approximately a 45 degree 
angle) away from a parallel or perpendicular position to the vegetated 
rows. Pinpoint an area the size of a \3/32\ inch diameter brazing rod or 
wooden dowel centered above each one-foot interval mark along one edge 
of the tape. Count the number of times that flat vegetation lies 
directly underneath the pinpointed area at one-foot intervals. 
Consistently observe the underlying surface from a 90 degree angle 
directly above each pinpoint on one side of the tape. Do not count the 
underlying surface as vegetated if any portion of the pinpoint extends 
beyond the edge of the vegetation underneath in any direction. If clumps 
of vegetation or vegetative debris lie underneath the pinpointed area, 
count the surface as vegetated unless bare soil is visible directly 
below the pinpointed area. When 100 observations have been made, add 
together the number of times a surface was counted as vegetated. This 
total represents the percent of flat vegetation cover (e.g. if 35 
positive counts were made, then vegetation cover is 35 percent). If the 
disturbed surface area is too small for 100 observations, make as many 
observations as possible. Then multiply the count of vegetated surface 
areas by the appropriate conversion factor to obtain percent cover. For 
example, if vegetation was counted 20 times within a total of 50 
observations, divide 20 by 50 and multiply by 100 to obtain a flat 
vegetation cover of 40 percent.
    (ii) Conduct the above line transect test method an additional two 
(2) times on areas

[[Page 159]]

representative of the disturbed surface and average results.

              4. Determination of Standing Vegetation Cover

    Standing vegetation includes vegetation that is attached (rooted) 
with a predominant vertical orientation. Standing vegetation which is 
dead but firmly rooted shall be considered equally protective as live 
vegetation. Conduct the following standing vegetation test method to 
determine if 30 percent cover or more exists. If the resulting percent 
cover is less than 30 percent but equal to or greater than 10 percent, 
then conduct the Threshold Friction Velocity test in section II.2 of 
this appendix in order to determine whether the disturbed surface area 
is stabilized according to paragraph (b)(16)(ii)(E) of this section.
    (i) For standing vegetation that consists of large, separate 
vegetative structures (for example, shrubs and sagebrush), select a 
survey area representing the disturbed surface that is the shape of a 
square with sides equal to at least ten (10) times the average height of 
the vegetative structures. For smaller standing vegetation, select a 
survey area of three (3) feet by 3 feet.
    (ii) Count the number of standing vegetative structures within the 
survey area. Count vegetation which grows in clumps as a single unit. 
Where different types of vegetation exists and/or vegetation of 
different height and width exists, separate the vegetative structures 
with similar dimensions into groups. Count the number of vegetative 
structures in each group within the survey area. Select an individual 
structure within each group that represents the average height and width 
of the vegetation in the group. If the structure is dense (i.e. when 
looking at it vertically from base to top there is little or zero open 
air space within its perimeter), calculate and record its frontal 
silhouette area according to Equation 6 of this appendix. Also use 
Equation 6 if the survey area is larger than nine square feet, 
estimating the average height and width of the vegetation. Otherwise, 
use the procedure in section II.4.(iii) of this appendix to calculate 
the Frontal Silhouette Area. Then calculate the percent cover of 
standing vegetation according to Equations 7, 8 and 9 of this appendix. 
(Ensure consistent units of measurement, e.g. square feet or square 
inches when calculating percent cover.)
    (iii) Vegetative Density Factor. Cut a single, representative piece 
of vegetation (or consolidated vegetative structure) to within 1 cm of 
surface soil. Using a white paper grid or transparent grid over white 
paper, lay the vegetation flat on top of the grid (but do not apply 
pressure to flatten the structure). Grid boxes of one inch or one half 
inch squares are sufficient for most vegetation when conducting this 
procedure. Using a marker or pencil, outline the shape of the vegetation 
along its outer perimeter according to Figure B, C or D of this 
appendix, as appropriate. (Note: Figure C differs from Figure D 
primarily in that the width of vegetation in Figure C is narrow at its 
base and gradually broadens to its tallest height. In Figure D, the 
width of the vegetation generally becomes narrower from its midpoint to 
its tallest height.) Remove the vegetation and count and record the 
total number of gridline intersections within the outlined area, but do 
not count gridline intersections that connect with the outlined shape. 
There must be at least 10 gridline intersections within the outlined 
area and preferably more than 20, otherwise, use smaller grid boxes. 
Draw small circles (no greater than a \3/32\ inch diameter) at each 
gridline intersection counted within the outlined area. Replace the 
vegetation on the grid within its outlined shape. From a distance of 
approximately two feet directly above the grid, observe each circled 
gridline intersection. Count and record the number of circled gridline 
intersections that are not covered by any piece of the vegetation. To 
calculate percent vegetative density, use Equations 10 and 11 of this 
appendix. If percent vegetative density is equal to or greater than 30, 
use the equation (Eq. 14, 15 or 16) that matches the outline used to 
trace the vegetation (Figure B, C or D) to calculate its Frontal 
Silhouette Area. If percent vegetative density is less than 30, use 
Equations 12 and 13 of this appendix to calculate the Frontal Silhouette 
Area.
    (iv) Within a disturbed surface area that contains multiple types of 
vegetation with each vegetation type uniformly distributed, results of 
the percent cover associated with the individual vegetation types may be 
added together.
    (v) Repeat this procedure on an additional two (2) distinct survey 
areas representing the disturbed surface and average the results.

Height x Width = Frontal Silhouette Area Eq. 6
(Frontal Silhouette Area of Individual Vegetative Structure) x Number of 
Vegetation Structures Per Group = Group Frontal Silhouette Area of Group 
Eq. 7
Frontal Silhouette Area of Group 1 + Frontal Silhouette Area of Group 2 
(etc.) = Total Frontal Silhouette Area Eq. 8
(Total Frontal Silhouette Area/Survey Area) x 100 = Percent Cover of 
Standing Vegetation Eq. 9
[(Number of circled gridlines within the outlined area counted that are 
not covered by vegetation / Total number of gridline intersections 
within the outlined area) x 100] = Percent Open Space Eq. 10
100 = Percent Open Space = Percent Vegetative Density Eq. 11
Percent Vegetative Density/100 = Vegetative Density Eq. 12

[[Page 160]]

[GRAPHIC] [TIFF OMITTED] TR21DE99.000

[GRAPHIC] [TIFF OMITTED] TR21DE99.001

                        Alternative Test Methods

    Alternative test methods may be used upon obtaining the written 
approval of the EPA.

[64 FR 71308, Dec. 21, 1999]



Sec. 52.129  Review of new sources and modifications.

    (a) [Reserved]
    (b) National standards not met. The requirements of Sec. 51.160(a) 
of this chapter

[[Page 161]]

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

[[Page 162]]

shall set forth his reasons for conditional approval or denial. Such 
notification shall be made available for public inspection in at least 
one location in the region in which the source would be located.
    (vi) The Administrator may extend each of the time periods specified 
in paragraph (c)(4) (ii), (iv) or (v) of this section by no more than 30 
days, or such other period as agreed to by the applicant and the 
Administrator.
    (5) The Administrator may cancel an approval if the construction is 
not begun within 2 years from the date of issuance, or if during the 
construction, work is suspended for 1 year.
    (6) Approval to construct or modify shall not relieve any owner or 
operator of the responsibility to comply with any local, State or 
Federal regulation which is part of the applicable plan.
    (7) Approval to construct or modify shall not be required for:
    (i) The installation or alteration of an air pollutant detector, air 
pollutants recorder, combustion controller, or combustion shutoff.
    (ii) Airconditioning or ventilating systems not designed to remove 
air pollutants generated by or released from equipment.
    (iii) Fuel burning equipment, other than smokehouse generators, 
which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/
h) and burns only gaseous fuel containing not more than 20.0 grain 
H2 S per 100 stdft\3\ (45.8 g/100 stdm\3\); has a heat input 
of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil; 
or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and 
burns any other fuel.
    (iv) Mobile internal combustion engines.
    (v) Laboratory equipment used exclusively for chemical or physical 
analysis.
    (vi) Other sources of minor significance specified by the 
Administrator.
    (8) Any owner or operator who constructs, modifies, or operates a 
stationary source not in accordance with the application, as approved 
and conditioned by the Administrator, or any owner or operator of a 
stationary source subject to this paragraph who commences construction 
or modification without applying for and receiving approval hereunder, 
shall be subject to enforcement action under section 113 of the Act.
    (d) Regulation for review of new sources and modifications: Federal 
Regulations. (1) This requirement is applicable to any stationary source 
subject to the requirements of Sec. 52.126(b), the construction or 
modification of which is commenced after the effective date of this 
regulation.
    (2) No owner or operator shall commence construction or modification 
of any stationary source after the effective date of this regulation, 
without first obtaining approval from the Administrator of the location 
and design of such source.
    (i) Application for approval to construct or modify shall be made on 
forms furnished by the Administrator, or by other means prescribed by 
the Administrator.
    (ii) A separate application is required for each source.
    (iii) Each application shall be signed by the applicant.
    (iv) Each application shall be accompanied by site information, 
plans, descriptions, specifications, and drawings showing the design of 
the source, the nature and amount of emissions, and the manner in which 
it will be operated and controlled.
    (v) Any additional information, plans, specifications, evidence, or 
documentation that the Administrator may require shall be furnished upon 
request.
    (3) No approval to construct or modify will be granted unless the 
applicant shows to the satisfaction of the Administrator that the source 
will operate without causing a violation of Sec. 52.126(b).
    (4)(i) Within twenty (20) days after receipt of an application to 
construct, or any addition to such application, the Administrator shall 
advise the owner or operator of any deficiency in the information 
submitted in support of the application. In the event of such a 
deficiency, the date of receipt of the application for the purpose of 
paragraph (d)(4)(ii) of this section, shall be the date on which all 
required information is received by the Administrator.

[[Page 163]]

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

[[Page 164]]

opportunity to have an observer present.
    (iv) The Administrator may waive the requirement for performance 
tests if the owner or operator of a source has demonstrated by other 
means to the Administrator's satisfaction that the source is being 
operated in compliance with the requirements of Sec. 52.126(b).
    (9) Approval to construct or modify shall not relieve the owner or 
operator of the responsibility to comply with all local, State, or 
Federal regulations which are part of the applicable plan.
    (10) Approval to construct or modify shall not be required for:
    (i) The installation or alteration of an air pollutant detector, air 
pollutants recorder, combustion controller, or combustion shutoff.
    (ii) Air-conditioning or ventilating systems not designed to remove 
air pollutants generated by or released from equipment.
    (iii) Fuel burning equipment, other than smokehouse generators, 
which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/
h) and burns only gaseous fuel containing not more than 20.0 grain 
H2 S per 100 stdft\3\ (45.8 g/100 stdm\3\); has a heat input 
of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil; 
or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and 
burns any other fuel.
    (iv) Mobile internal combustion engines.
    (v) Laboratory equipment used exclusively for chemical or physical 
analyses.
    (vi) Other sources of minor significance specified by the 
Administrator.
    (11) Any owner or operator who constructs, modifies, or operates a 
stationary source not in accordance with the application, as approved 
and conditioned by the Administrator, or any owner or operator of a 
stationary source subject to this paragraph who commences construction 
or modification without applying for and receiving approval hereunder, 
shall be subject to enforcement action under section 113 of the Act.
    (e) Delegation of authority. (1) The Administrator shall have the 
authority to delegate responsibility for implementing the procedures for 
conducting source review pursuant to this section in accordance with 
paragraphs (g) (2), (3), and (4) of this section.
    (2) Where the Administrator delegates the responsibility for 
implementing the procedures for conducting source review pursuant to 
this section to any Agency, other than a Regional Office of the 
Environmental Protection Agency, a copy of the notice pursuant to 
paragraphs (c)(4)(iii) and (d)(4)(iii) of this section shall be sent to 
the Administrator through the appropriate Regional Office.
    (3) In accordance with Executive Order 11752, the Administrator's 
authority for implementing the procedures for conducting source review 
pursuant to this section shall not be delegated, other than to a 
Regional Office of the Environmental Protection Agency, for new or 
modified sources which are owned or operated by the Federal government 
or for new or modified sources located on Federal lands; except that, 
with respect to the latter category, where new or modified sources are 
constructed or operated on Federal lands pursuant to leasing or other 
Federal agreements, the Federal Land Manager may at his discretion, to 
the extent permissible under applicable statutes and regulations, 
require the lessee or permittee to be subject to new source review 
requirements which have been delegated to a state or local agency 
pursuant to this paragraph.
    (4) The Administrator's authority for implementing the procedures 
for conducting source review pursuant to this section shall not be 
redelegated, other than to a Regional Office of the Environmental 
Protection Agency, for new or modified sources which are located in 
Indian reservations except where the State has assumed jurisdiction over 
such land under other laws, in which case the Administrator may delegate 
his authority to the States in accordance with paragraphs (g)(2), (3), 
and (4) of this section.

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

[[Page 165]]



Sec. 52.130  Source surveillance.

    (a) The requirements of Sec. 51.211 of this chapter are not met 
since the plan does not contain legally enforceable procedures for 
requiring sources in the Northern Arizona, Mohave-Yuma, Central Arizona, 
and Southeast Arizona Intrastate Regions to maintain records of and 
periodically report on the nature and amounts of emissions.
    (b) The requirements of Sec. 51.213 of this chapter are not met 
because the plan does not provide procedures for obtaining and 
maintaining data on actual emission reductions achieved as a result of 
implementing transportation control measures.
    (c) Regulation for source recordkeeping and reporting. (1) The owner 
or operator of any stationary source in the Northern Arizona, Mohave-
Yuma, Central Arizona, or Southeast Arizona Intrastate Region 
(Sec. Sec. 81.270, 81.268, 81.271, and 81.272 of this chapter) shall, 
upon notification from the Administrator, maintain records of the nature 
and amounts of emissions from such source or any other information as 
may be deemed necessary by the Administrator to determine whether such 
source is in compliance with applicable emission limitations or other 
control measures.
    (2) The information recorded shall be summarized and reported to the 
Administrator, and shall be submitted within 45 days after the end of 
the reporting period. Reporting periods are January 1 to June 30 and 
July 1 to December 31, except that the initial reporting period shall 
commence on the date the Administrator issues notification of the 
recordkeeping requirements.
    (3) Information recorded by the owner or operator and copies of the 
summarizing reports submitted to the Administrator shall be retained by 
the owner or operator for 2 years after the date on which the pertinent 
report is submitted.
    (4) Emission data obtained from owners or operators of stationary 
sources will be correlated with applicable emission limitations and 
other control measures. All such emission data will be available during 
normal business hours at the regional office (region IX). The 
Administrator will designate one or more places in Arizona where such 
emission data and correlations will be available for public inspection.
    (d) The requirements of Sec. 51.214 of this chapter are not met 
since the plan does not contain legally enforceable procedures for 
requiring certain stationary sources subject to emission standards to 
install, calibrate, operate, and maintain equipment for continuously 
monitoring and recording emissions, and to provide other information as 
specified in Appendix P of part 51 of this chapter.
    (e) The requirements of Sec. 51.214 of this chapter are not met 
since the plan does not provide sufficient regulations to meet the 
minimum specifications of Appendix P in the Maricopa Intrastate Region. 
Additionally, Maricopa County Air Pollution Control Regulation IV, rule 
41, paragraph B, sections 6.0-6.4 (Special Consideration) is disapproved 
since it does not contain the specific criteria for determining those 
physical limitations or extreme economic situations where alternative 
monitoring requirements would be applicable.

[37 FR 15081, July 27, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.130, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. Sec. 52.131-52.132  [Reserved]



Sec. 52.133  Rules and regulations.

    (a) Regulation 7-1-1.4(A) (Exceptions) of the Arizona Rules and 
Regulations for Air Pollution Control, regulations 12-3-2 (Emission 
Standards) of the Coconino County Rules and Regulations for Air 
Pollution Control, section 3, regulation 5 (Exceptions) of the Mohave 
County Air Pollution Control Regulations, regulation 8-1-1.6 
(Exceptions) of the Yuma County Air Pollution Control Regulations, and 
regulation 7-1-2.8 (Exceptions) of the Rules and Regulations for Pinal-
Gila Counties Air Quality Control District all provide for an exemption 
from enforcement action if the violation is attributable to certain 
events. These events are too broad in scope and the source can obtain 
the exemption merely by reporting the occurrence. Therefore, the above 
regulations are disapproved

[[Page 166]]

since these regulations make all approved emission limiting regulations 
potentially unenforceable.
    (b) Paragraph E of regulation 7-1-1.3 (R9-3-103) (Air Pollution 
Prohibited) prohibits any person from causing ground level 
concentrations to exceed ambient standards outside the boundaries of 
this operation. This regulation could allow violations of ambient air 
quality standards to occur in areas to which the public has access, 
contrary to the requirements of section 110(a)(1) of the Clean Air Act. 
Therefore, paragraph E of regulation 7-1-1.3 (R9-3-103) of the Arizona 
Rules and Regulations for Air Pollution Control is disapproved.
    (c) The requirements of subpart G and Sec. 51.281 of this chapter 
are not met since the plan does not provide any enforceable regulations 
and a demonstration that such regulations will cause the attainment and 
maintenance of national ambient air quality standards in Graham and 
Greenlee Counties.
    (d) Section 3, regulation 4 (Ground Level Concentrations) of the 
Mohave County Air Pollution Control Regulations, paragraph E of 
regulation 8-1-1.3 (Air Pollution Prohibited) of the Yuma County Air 
Pollution Control Regulations, and paragraph C of regulation 7-1-1.3 
(Air Pollution Prohibited) of the Rules and Regulations for Pinal-Gila 
Counties Air Quality Control District prohibits any person from causing 
ground level concentrations to exceed ambient standards outside the 
boundaries of his operation. These regulations could allow violations of 
ambient air quality standards to occur in areas to which the general 
public has access, contrary to the requirements of section 110(a)(1) of 
the Clean Air Act. Therefore, these regulations are disapproved.
    (e) Rule R18-2-702 of the Arizona Department of Environmental 
Quality Rules and Regulations sets an opacity standard for emissions 
from stationary sources of PM-10. The standard does not fulfill the 
RACM/RACT requirements of section 189(a) of the CAA. The rule also does 
not comply with enforceability requirements of section 110(a) and SIP 
relaxation requirements of sections 110(l) and 193. Therefore, Rule R18-
2-702 submitted on July 15, 1998 is disapproved.
    (f) Rules 1-3-130 and 3-1-020 submitted on November 27, 1995 of the 
Pinal County Air Quality Control District regulations have limited 
enforceability because they reference rules not contained in the Arizona 
State Implementation Plan. Therefore, these rules are removed from the 
Arizona State Implementation Plan.
    (g) Rules 1-2-110, 1-3-130, 3-1-020, and 4-1-010 submitted on 
October 7, 1998 of the Pinal County Air Quality Control District 
regulations have limited enforceability because they reference rules not 
contained in the Arizona State Implementation Plan. Therefore, these 
rules are disapproved.

[37 FR 15082, July 27, 1972, as amended at 43 FR 33247, July 31, 1978; 
43 FR 53035, Nov. 15, 1978; 51 FR 40676, 40677, Nov. 7, 1986; 67 FR 
59460, Sept. 23, 2002; 67 FR 68767, Nov. 13, 2002]



Sec. 52.134  Compliance schedules.

    (a) Federal compliance schedule. (1) Except as provided in paragraph 
(a)(2) of this section, the owner or operator of any stationary source 
subject to Sec. 52.126(b) shall comply with such regulation on or 
before January 31, 1974. The owner or operator of the source subject to 
Sec. 52.125(c) shall comply with such regulation at initial start-up of 
such source unless a compliance schedule has been submitted pursuant to 
paragraph (a)(2) of this section.
    (i) Any owner or operator in compliance with Sec. 52.126(b) on the 
effective date of this regulation shall certify such compliance to the 
Administrator no later than 120 days following the effective date of 
this paragraph.
    (ii) Any owner or operator who achieves compliance with Sec. 
52.125(c) or Sec. 52.126(b) after the effective date of this regulation 
shall certify such compliance to the Administrator within 5 days of the 
date compliance is achieved.
    (2) Any owner or operator of the stationary source subject to Sec. 
52.125(c) and paragraph (a)(1) of this section may, no later than July 
23, 1973, submit to the Administrator for approval a proposed compliance 
schedule that demonstrates compliance with Sec. 52.125(c) as 
expeditiously as practicable but not later than July 31, 1977. Any owner 
or operator of a stationary source subject to Sec. 52.126(b) and 
paragraph (a)(1) of this

[[Page 167]]

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

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



Sec. 52.135  Resources.

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

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



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

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

[60 FR 19515, Apr. 19, 1995]



Sec. 52.137  [Reserved]



Sec. 52.138  Conformity procedures.

    (a) Purpose. The purpose of this regulation is to provide procedures 
as part of the Arizona carbon monoxide implementation plans for 
metropolitan transportation planning organizations (MPOs) to use when 
determining conformity of transportation plans, programs, and projects. 
Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) prohibits MPOs 
from approving any project, program, or plan which does not conform to 
an implementation plan approved or promulgated under section 110.
    (b) Definitions.
    (1) Applicable implementation plan or applicable plan means the 
portion (or portions) of the implementation plan, or most recent 
revision thereof, which has been approved under section 110 of the Clean 
Air Act, 42 U.S.C. 7410, or promulgated under section 110(c) of the CAA, 
42 U.S.C. 7410(c).
    (2) Carbon monoxide national ambient air quality standard (CO NAAQS) 
means the standards for carbon monoxide promulgated by the Administrator 
under section 109, 42 U.S.C. 7409, of the Clean Air Act and found in 40 
CFR 50.8
    (3) Cause means resulting in a violation of the CO NAAQS in an area 
which previously did not have ambient CO concentrations above the CO 
NAAQS.

[[Page 168]]

    (4) Contribute means resulting in measurably higher average 8-hour 
ambient CO concentrations over the NAAQS or an increased number of 
violations of the NAAQS in an area which currently experiences CO levels 
above the standard.
    (5) Metropolitan planning organization (MPO) means the organization 
designated under 23 U.S.C. 134 and 23 CFR part 450.106. For the specific 
purposes of this regulation, MPO means either the Maricopa Association 
of Governments or the Pima Association of Governments.
    (6) Nonattainment area means for the specific purpose of this 
regulation either the Pima County carbon monoxide nonattainment area as 
described in 40 CFR 81.303 or the Maricopa County carbon monoxide 
nonattainment area as described in 40 CFR 81.303 (i.e., the MAG urban 
planning area).
    (7) Transportation control measure (TCM) means any measure in an 
applicable implementation plan which is intended to reduce emissions 
from transportation sources.
    (8) Transportation improvement program (TIP) means the staged 
multiyear program of transportation improvements including an annual (or 
biennial) element which is required in 23 CFR part 450.
    (9) Unified planning work program or UPWP means the program required 
by 23 CFR 450.108(c) and endorsed by the metropolitan planning 
organization which describes urban transportation and transportation-
related planning activities anticipated in the area during the next 1- 
to 2-year period including the planning work to be performed with 
federal planning assistance and with funds available under the Urban 
Mass Transportation Act (49 U.S.C.) section 9 or 9A. UPWPs are also 
known as overallwork programs or OWPs.
    (c) Applicability. These procedures shall apply only to the Maricopa 
Association of Governments in its role as the designated metropolitan 
planning organization for Maricopa County, Arizona, and the Pima 
Association of Governments in its role as the designated metropolitan 
planning organization for Pima County, Arizona.
    (d) Procedures--(1) Transportation Plans and Transportation 
Improvement Programs--(i) Documentation. The MPO shall prepare for each 
transportation plan and program (except for the unified planning work 
program), as part of the plan or program, a report documenting for each 
plan and program the following information:
    (A) the disaggregated population projections and employment which 
were assumed in:
    (1) the applicable plan, and
    (2) the transportation plan/program;
    (B) the levels of vehicle trips, vehicle miles traveled, and 
congestion that were:
    (1) assumed in the applicable plan, and
    (2) expected to result from the implementation of the plan/program 
over the period covered by the applicable plan considering any growth 
likely to result from the implementation of the plan/program;
    (C) for each major transportation control measure in the applicable 
implementation plan;
    (1) the TCM's implementation schedule and, if determined in the 
applicable plan, expected effectiveness in reducing CO emissions,
    (2) the TCM's current implementation status and, if feasible, its 
current effectiveness in reducing CO emissions, and
    (3) actions in the plan/program which may beneficially or adversely 
affect the implementation and/or effectiveness of the TCM;
    (D) the CO emission levels resulting from the implementation of the 
plan/program over the period covered by the applicable plan considering 
any growth likely to result from the implementation of the plan/program; 
and
    (E) the ambient CO concentration levels, micro-scale and regional, 
resulting from the implementation of the plan/program over the period 
covered by the applicable plan considering any growth likely to result 
from the implementation of the plan or program.
    (ii) Findings. Prior to approving a transportation plan/program, the 
MPO shall determine if the plan/program conforms to the applicable 
implementation plan. In making this determination, the MPO shall make 
and support each of the following findings for each transportation plan 
and program using

[[Page 169]]

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

[[Page 170]]

plan considering any growth likely to result from the project.
    (B) Findings. Prior to approving any transportation project, the MPO 
shall determine if the project conforms to the applicable implementation 
plan. In making this determination, the MPO shall make and support the 
following findings for each project using the information documented in 
paragraph (d)(2)(ii)(A) of this section:
    (1) that the project will provide for the implementation of TCMs 
affected by the project on the schedule set forth in the applicable 
plan;
    (2) that CO emission levels, microscale and regional, resulting from 
the implementation of the project during the period covered by the 
applicable plan will not delay attainment or any required interim 
emission reductions and/or interfere with maintenance of the CO NAAQS in 
an area substantially affected by the project;
    (3) that the project will not cause or contribute to a violation of 
the CO NAAQS during the period covered by the applicable plan near the 
project; and
    (4) that the projected emissions from the project, when considered 
together with emissions projected for the conforming plan and program 
within the nonattainment area, do not cause the plan and program to 
exceed the emission reduction projections and schedules assigned to such 
plans and programs in the applicable implementation plan.
    (e) Exempt Projects. An individual project is exempt from the 
requirements of paragraph (d) of this section if it is:
    (1) located completely outside the nonattainment area;
    (2) a safety project which is included in the statewide safety 
improvement program, will not alter the functional traffic capacity or 
capability of the facility being improved, and does not adversely affect 
the TCMs in the applicable plan;
    (3) a transportation control measure from the approved applicable 
plan; or
    (4) a mass transit project funded under the Urban Mass 
Transportation Act, 49 U.S.C.

[56 FR 5485, Feb. 11, 1991]



Sec. 52.139  [Reserved]



Sec. 52.140  Monitoring transportation trends.

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

                                 Table 1

Time period_____________________________________________________________
Affected area___________________________________________________________

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

    (d) No later than March 1, 1974, the State shall submit to the 
Administrator a compliance schedule to implement this section. The 
program description shall include the following:

[[Page 171]]

    (1) The agency or agencies responsible for conducting, overseeing, 
and maintaining the monitoring program.
    (2) The administrative procedures to be used.
    (3) A description of the methods to be used to collect the emission 
data, VMT data, and vehicle speed data; a description of the 
geographical area to which the data apply; identification of the 
location at which the data will be collected; and the time periods 
during which the data will be collected.
    (e) The quarterly reports specified in paragraphs (b) and (c) of 
this section shall be submitted to the Administrator through the 
Regional Office, and shall be due within 45 days after the end of each 
reporting period.

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



Sec. 52.141  [Reserved]



Sec. 52.142  Federal Implementation Plan for Tri-Cities landfill, Salt River 

Pima-Maricopa Indian Community.

    The Federal Implementation Plan regulating emissions from an Energy 
Project at the Tri-Cities landfill located on the Salt River Pima-
Maricopa Indian Community near Phoenix, Arizona is codified at 40 CFR 
49.22.

[64 FR 65664, Nov. 23, 1999]



Sec. 52.143  [Reserved]



Sec. 52.144  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Act 
are not met, since the plan as it applies to stationary sources under 
the jurisdiction of the Pima County Health Department and the Maricopa 
County Department of Health Services and stationary sources locating on 
Indian lands does 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 
hereby incorporated and made a part of the applicable State plan for the 
State of Arizona for that portion applicable to the Pima County Health 
Department and the Maricopa County Department of Health Services and 
sources locating on Indian lands.

[48 FR 19879, May 3, 1983, as amended at 68 FR 11321, Mar. 10, 2003; 68 
FR 74488, Dec. 24, 2003]



Sec. 52.145  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met, because the plan does not include approvable procedures for 
protection of visibility in mandatory Class I Federal areas.
    (b) Regulations for visibility monitoring and new source review. The 
provisions of Sec. Sec. 52.26, 52.27 and 52.28, are hereby incorporated 
and made part of the applicable plan for the State of Arizona.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of 
Arizona.
    (d) This paragraph is applicable to the fossil fuel-fired, steam-
generating equipment designated as Units 1, 2, and 3 at the Navajo 
Generating Station in the Northern Arizona Intrastate Air Quality 
Control Region (Sec. 81.270 of this chapter).
    (1) Definitions.
    Administrator means the Administrator of EPA or his/her designee.
    Affected Unit(s) means the steam-generating unit(s) at the Navajo 
Generating Station, all of which are subject to the emission limitation 
in paragraph (d)(2) of this section, that has accumulated at least 365 
boiler operating days since the passage of the date defined in paragraph 
(d)(6) of this section applicable to it.
    Boiler Operating Day for each of the boiler units at the Navajo 
Generating Station is defined as a 24-hour calendar day (the period of 
time between 12:01 a.m. and 12:00 midnight in Page, Arizona) during 
which coal is combusted in that unit for the entire 24 hours.
    Owner or Operator means the owner, participant in, or operator of 
the Navajo Generating Station to which this paragraph is applicable.
    Unit-Week of Maintenance means a period of 7 days during which a 
fossil fuel-fired steam-generating unit is under repair, and no coal is 
combusted in the unit.

[[Page 172]]

    (2) Emission limitation. No owner or operator shall discharge or 
cause the discharge of sulfur oxides into the atmosphere in excess of 42 
ng/J [0.10 pound per million British thermal units (lb/MMBtu)] heat 
input.
    (3) Compliance determination. Until at least one unit qualifies as 
an affected unit, no compliance determination is appropriate. As each 
unit qualifies for treatment as an affected unit, it shall be included 
in the compliance determination. Compliance with this emission limit 
shall be determined daily on a plant-wide rolling annual basis as 
follows:
    (i) For each boiler operating day at each steam generating unit 
subject to the emission limitation in paragraph (d)(2) of this section, 
the owner or operator shall record the unit's hourly SO2 
emissions using the data from the continuous emission monitoring 
systems, [required in paragraph (d)(4) of this section] and the daily 
electric energy generated by the unit (in megawatt-hours) as measured by 
the megawatt-hour meter for the unit.
    (ii) Compute the average daily SO2 emission rate in ng/J 
(lb/MMBtu) following the procedures set out in method 19, appendix A, 40 
CFR part 60 in effect on October 3, 1991.
    (iii) For each boiler operating day for each affected unit, 
calculate the product of the daily SO2 emission rate 
(computed according to paragraph (d)(3)(ii) of this section) and the 
daily electric energy generated (recorded according to paragraph 
(d)(3)(i) of this section) for each unit.
    (iv) For each affected unit, identify the previous 365 boiler 
operating days to be used in the compliance determination. Except as 
provided in paragraphs (d)(9) and (d)(10) of this section, all of the 
immediately preceding 365 boiler operating days will be used for 
compliance determinations.
    (v) Sum, for all affected units, the products of the daily 
SO2 emission rate-electric energy generated (as calculated 
according to paragraph (d)(3)(iii) of this section) for the boiler 
operating days identified in paragraph (d)(3)(iv) of this section.
    (vi) Sum, for all affected units, the daily electric energy 
generated (recorded according to paragraph (d)(3)(i) of this section) 
for the boiler operating days identified in paragraph (d)(3)(iv) of this 
section.
    (vii) Calculate the weighted plant-wide annual average 
SO2 emission rate by dividing the sum of the products 
determined according to paragraph (d)(3)(v) of this section by the sum 
of the electric energy generated determined according to paragraph 
(d)(3)(vi) of this section.
    (viii) The weighted plant-wide annual average SO2 
emission rate shall be used to determine compliance with the emission 
limitation in paragraph (d)(2) of this section.
    (4) Continuous emission monitoring. The owner or operator shall 
install, maintain, and operate continuous emission monitoring systems to 
determine compliance with the emission limitation in paragraph (d)(2) of 
this section as calculated in paragraph (d)(3) of this section. This 
equipment shall meet the specifications in appendix B of 40 CFR part 60 
in effect on October 3, 1991. The owner or operator shall comply with 
the quality assurance procedures for continuous emission monitoring 
systems found in appendix F of 40 CFR part 60 in effect on October 3, 
1991.
    (5) Reporting requirements. For each steam generating unit subject 
to the emission limitation in paragraph (d)(2) of this section, the 
owner or operator:
    (i) Shall furnish the Administrator written notification of the 
SO2, oxygen, and carbon dioxide emissions according to the 
procedures found in 40 CFR Sec. 60.7 in effect on October 3, 1991.
    (ii) Shall furnish the Administrator written notification of the 
daily electric energy generated in megawatt-hours.
    (iii) Shall maintain records according to the procedures in 40 CFR 
60.7 in effect on October 3, 1991.
    (iv) Shall notify the Administrator by telephone or in writing 
within one business day of any outage of the control system needed for 
compliance with the emission limitation in paragraph (d)(2) of this 
section and shall submit a follow-up written report within 30 days of 
the repairs stating how the repairs were accomplished and justifying the 
amount of time taken for the repairs.

[[Page 173]]

    (6) Compliance dates. The requirements of this paragraph shall be 
applicable to one unit at the Navajo Generating Station beginning 
November 19, 1997, to two units beginning November 19, 1998, and to all 
units beginning on August 19, 1999.
    (7) Schedule of compliance. The owner or operator shall take the 
following actions by the dates specified:
    (i) By June 1, 1992, award binding contracts to an architectural and 
engineering firm to design and procure the control system needed for 
compliance with the emission limitation in paragraph (d)(2) of this 
section.
    (ii) By January 1, 1995, initiate on-site construction or 
installation of a control system for the first unit.
    (iii) By May 1, 1997, initiate start-up testing of the control 
system for the first unit.
    (iv) By May 1, 1998, initiate start-up testing of the control system 
for the second unit.
    (v) By February 1, 1999, initiate start-up testing of the control 
system for the third unit.

The interim deadlines will be extended if the owner or operators can 
demonstrate to the Administrator that compliance with the deadlines in 
paragraph (d)(6) of this section will not be affected.
    (8) Reporting on compliance schedule. Within 30 days after the 
specified date for each deadline in the schedule of compliance 
(paragraph (d)(7) of this section, the owner or operator shall notify 
the Administrator in writing whether the deadline was met. If it was not 
met the notice shall include an explanation why it was not met and the 
steps which shall be taken to ensure future deadlines will be met.
    (9) Exclusion for equipment failure during initial operation. For 
each unit, in determining compliance for the first year that such unit 
is required to meet the emission limitation in paragraph (d)(2) of this 
section, periods during which one of the following conditions are met 
shall be excluded:
    (i) Equipment or systems do not meet designer's or manufacturer's 
performance expectations.
    (ii) Field installation including engineering or construction 
precludes equipment or systems from performing as designed.

The periods to be excluded shall be determined by the Administrator 
based on the periodic reports of compliance with the emission limitation 
in paragraph (d)(2) of this section which shall identify the times 
proposed for exclusion and provide the reasons for the exclusion, 
including the reasons for the control system outage. The report also 
shall describe the actions taken to avoid the outage, to minimize its 
duration, and to reduce SO2 emissions at the plant to the 
extent practicable while the control system was not fully operational. 
Whenever the time to be excluded exceeds a cumulative total of 30 days 
for any control system for any affected unit, the owner or operators 
shall submit a report within 15 days addressing the history of and 
prognosis for the performance of the control system.
    (10) Exclusion for catastrophic failure. In addition to the 
exclusion of periods allowed in paragraph (d)(9) of this section, any 
periods of emissions from an affected unit for which the Administrator 
finds that the control equipment or system for such unit is out of 
service because of catastrophic failure of the control system which 
occurred for reasons beyond the control of the owner or operators and 
could not have been prevented by good engineering practices will be 
excluded from the compliance determination. Events which are the 
consequence of lack of appropriate maintenance or of intentional or 
negligent conduct or omissions of the owner or operators or the control 
system design, construction, or operating contractors do not constitute 
catastrophic failure.
    (11) Equipment operation. The owner or operator shall optimally 
operate all equipment or systems needed to comply with the requirements 
of this paragraph consistent with good engineering practices to keep 
emissions at or below the emission limitation in paragraph (d)(2) of 
this section, and following outages of any control equipment or systems 
the control equipment or system will be returned to full operation as 
expeditiously as practicable.
    (12) Maintenance scheduling. On March 16 of each year starting in 
1993,

[[Page 174]]

the owner or operator shall prepare and submit to the Administrator a 
long-term maintenance plan for the Navajo Generating Station which 
accommodates the maintenance requirements for the other generating 
facilities on the Navajo Generating Station grid covering the period 
from March 16 to March 15 of the next year and showing at least 6 unit-
weeks of maintenance for the Navajo Generating Station during the 
November 1 to March 15 period, except as provided in paragraph (d)(13) 
of this section. This plan shall be developed consistent with the 
criteria established by the Western States Coordinating Council of the 
North American Electric Reliability Council to ensure an adequate 
reserve margin of electric generating capacity. At the time that a plan 
is transmitted to the Administrator, the owner or operator shall notify 
the Administrator in writing if less than the full scheduled unit-weeks 
of maintenance were conducted for the period covered by the previous 
plan and shall furnish a written report stating how that year qualified 
for one of the exceptions identified in paragraph (d)(13) of this 
section.
    (13) Exceptions for maintenance scheduling. The owner or operator 
shall conduct a full 6 unit-weeks of maintenance in accordance with the 
plan required in paragraph (d)(12) of this section unless the owner or 
operator can demonstrate to the satisfaction of the Administrator that a 
full 6 unit-weeks of maintenance during the November 1 to March 15 
period should not be required because of the following:
    (i) There is no need for 6 unit-weeks of scheduled periodic 
maintenance in the year covered by the plan;
    (ii) The reserve margin on any electrical system served by the 
Navajo Generating Station would fall to an inadequate level, as defined 
by the criteria referred to in paragraph (d)(12) of this section.
    (iii) The cost of compliance with this requirement would be 
excessive. The cost of compliance would be excessive when the economic 
savings to the owner or operator of moving maintenance out of the 
November 1 to March 15 period exceeds $50,000 per unit-day of 
maintenance moved.
    (iv) A major forced outage at a unit occurs outside of the November 
1 to March 15 period, and necessary periodic maintenance occurs during 
the period of forced outage.

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

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



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

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

[[Page 175]]

Implementation Plan (SIP) requirements.

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



Sec. 52.150  Yavapai-Apache Reservation.

    (a) The provisions for prevention of significant deterioration of 
air quality at 40 CFR 52.21 are applicable to the Yavapai-Apache 
Reservation, pursuant to Sec. 52.21(a).
    (b) In accordance with section 164 of the Clean Air Act and the 
provisions of 40 CFR 52.21(g), the Yavapai-Apache Indian Reservation is 
designated as a Class I area for the purposes of preventing significant 
deterioration of air quality.

[61 FR 56470, Nov. 1, 1996]



Sec. 52.151  Operating permits.

    Insofar as the permitting threshold provisions in the Pinal County 
Code of Regulations for the Pinal County Air Quality Control District 
concern the treatment of sources of greenhouse gas emissions as major 
sources for purposes of title V operating permits, EPA approves such 
provisions only to the extent they require permits for such sources 
where the source emits or has the potential to emit at least 100,000 tpy 
CO2 equivalent emissions, as well as 100 tpy on a mass basis, 
as of July 1, 2011.

[75 FR 82266, Dec. 30, 2010]



                           Subpart E_Arkansas



Sec. 52.170  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan (SIP) for Arkansas 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 
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 December 1, 2005, 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 that have been approved as part of the State 
implementation plan as of December 1, 2005.
    (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 Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                        State
                                                      submittal/
         State citation             Title/subject     effective    EPA approval date          Explanation
                                                         date
----------------------------------------------------------------------------------------------------------------
         Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
                                      Chapter 1: Title, Intent and Purpose
----------------------------------------------------------------------------------------------------------------
Reg. 19.101....................  Title.............     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.102....................  Applicability.....     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.103....................  Intent and             02/03/05  04/12/07 (72 FR
                                  Construction.                    18394).
Reg. 19.104....................  Severability......     02/03/05  04/12/07 (72 FR
                                                                   18394).
----------------------------------------------------------------------------------------------------------------

[[Page 176]]

 
                                             Chapter 2: Definitions
----------------------------------------------------------------------------------------------------------------
Chapter 2......................  Definitions.......     02/03/05  04/12/07 (72 FR
                                                                   18394).
----------------------------------------------------------------------------------------------------------------
                       Chapter 3: Protection of the National Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Reg. 19.301....................  Purpose...........     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.302....................  Department             02/03/05  04/12/07 (72 FR
                                  Responsibilities.                18394).
Reg. 19.303....................  Regulated Sources      02/03/05  04/12/07 (72 FR
                                  Responsibilities.                18394).
Reg. 19.304....................  Delegated Federal      07/03/06  04/12/07 (72 FR
                                  Programs.                        18394).
----------------------------------------------------------------------------------------------------------------
                                         Chapter 4: Minor Source Review
----------------------------------------------------------------------------------------------------------------
Reg. 19.401....................  General                02/03/05  04/12/07 (72 FR
                                  Applicability.                   18394).
Reg. 19.402....................  Approval Criteria.     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.403....................  Owner/Operator's       02/03/05  04/12/07 (72 FR
                                  Responsibilities.                18394).
Reg. 19.404....................  Required               02/03/05  04/12/07 (72 FR
                                  Information.                     18394).
Reg. 19.405....................  Action on              02/03/05  04/12/07 (72 FR
                                  Application.                     18394).
Reg. 19.406....................  Public                 02/03/05  04/12/07 (72 FR
                                  Participation.                   18394).
Reg. 19.407....................  Permit Amendments.     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.408....................  Exemption from         02/03/05  04/12/07 (72 FR
                                  Permitting.                      18394).
Reg. 19.409....................  Transition........     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.410....................  Permit Revocation      02/03/05  04/12/07 (72 FR
                                  and Cancellation.                18394).
Reg. 19.411....................  General Permits...     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.412....................  Dispersion             02/03/05  04/12/07 (72 FR
                                  Modeling.                        18394).
Reg. 19.413....................  Confidentiality...     02/03/05  04/12/07 (72 FR
                                                                   18394).
----------------------------------------------------------------------------------------------------------------
                       Chapter 5: General Emission Limitations Applicability to Equipment
----------------------------------------------------------------------------------------------------------------
Reg. 19.501....................  Purpose...........     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.502....................  General                02/03/05  04/12/07 (72 FR
                                  Regulations.                     18394).
Reg. 19.503....................  Visible Emission       02/03/05  04/12/07 (72 FR
                                  Regulations.                     18394).
Reg. 19.504....................  Stack Height/          02/03/05  04/12/07 (72 FR
                                  Dispersion                       18394).
                                  Regulations.
Reg. 19.505....................  Revised Emission       02/03/05  04/12/07 (72 FR
                                  Limitation.                      18394).
----------------------------------------------------------------------------------------------------------------
                                    Chapter 6: Upset and Emergency Conditions
----------------------------------------------------------------------------------------------------------------
Reg. 19.601....................  Upset Conditions..     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.602....................  Emergency              02/03/05  04/12/07 (72 FR
                                  Conditions.                      18394).
----------------------------------------------------------------------------------------------------------------
                           Chapter 7: Sampling, Monitoring, and Reporting Requirements
----------------------------------------------------------------------------------------------------------------
Reg. 19.701....................  Purpose...........     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.702....................  Air Emission           02/03/05  04/12/07 (72 FR
                                  Sampling.                        18394).
Reg. 19.703....................  Continuous             02/03/05  04/12/07 (72 FR
                                  Emission                         18394).
                                  Monitoring.
Reg. 19.704....................  Notice of              02/03/05  04/12/07 (72 FR
                                  Completion.                      18394).
Reg. 19.705....................  Recordkeeping and       6/22/07  1/15/09 (74 FR
                                  Reporting                        2383).
                                  Requirements.
Reg. 19.706....................  Public                 02/03/05  04/12/07 (72 FR
                                  Availability of                  18394).
                                  Emissions Data.
----------------------------------------------------------------------------------------------------------------
                               Chapter 9: Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
Reg. 19.901....................  Title.............     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.902....................  Purposes..........     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.903....................  Definitions.......     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.904....................  Adoption of            02/03/05  04/12/07 (72 FR
                                  Regulations.                     18394).
----------------------------------------------------------------------------------------------------------------
             Chapter 10: Regulations for the Control of Volatile Organic Compounds in Pulaski County
----------------------------------------------------------------------------------------------------------------
Reg. 19.1001...................  Title.............     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.1002...................  Purpose...........     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.1003...................  Definitions.......     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.1004...................  General Provisions     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.1005...................  Provisions for         02/03/05  04/12/07 (72 FR
                                  Specific                         18394).
                                  Processes.
Reg. 19.1006...................  Severability......     02/03/05  04/12/07 (72 FR
                                                                   18394).
----------------------------------------------------------------------------------------------------------------
                                 Chapter 11: Major Source Permitting Procedures
----------------------------------------------------------------------------------------------------------------
Chapter 11.....................  Major Source           02/03/05  04/12/07 (72 FR
                                  Permitting                       18394).
                                  Procedures.
----------------------------------------------------------------------------------------------------------------

[[Page 177]]

 
                                       Chapter 13: Stage I Vapor Recovery
----------------------------------------------------------------------------------------------------------------
Reg. 19.1301...................  Purpose...........     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.1302...................  Applicability.....     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.1303...................  Definitions.......     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.1304...................  Exemptions........     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.1305...................  Prohibited             02/03/05  04/12/07 (72 FR
                                  Activities.                      18394).
Reg. 19.1306...................  Record Keeping....     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.1307...................  Inspections.......     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.1308...................  Vapor Recovery         02/03/05  04/12/07 (72 FR
                                  Systems.                         18394).
Reg. 19.1309...................  Gasoline Delivery      02/03/05  04/12/07 (72 FR
                                  Vessels.                         18394).
Reg. 19.1310...................  Owner/Operator         02/03/05  04/12/07 (72 FR
                                  Responsibility.                  18394).
Reg. 19.1311...................  Test Methods......     02/03/05  04/12/07 (72 FR
                                                                   18394).
Reg. 19.1312...................  Effective Date....     02/03/05  04/12/07 (72 FR
                                                                   18394).
----------------------------------------------------------------------------------------------------------------
                      Chapter 14--CAIR NOX Ozone Season Trading Program General Provisions
----------------------------------------------------------------------------------------------------------------
Reg. 19.1401...................  Adoption of            07/15/07  09/26/07 (72 FR
                                  Regulations.                     54556).
Reg. 19.1402...................  State Trading          07/15/07  09/26/07 (72 FR
                                  Budget.                          54556).
Reg. 19.1403...................  Timing                 07/15/07  09/26/07 (72 FR
                                  Requirements for                 54556).
                                  CAIR NOX Ozone
                                  Season Allowance
                                  Allocations.
Reg. 19.1404...................  CAIR NOX Ozone         07/15/07  09/26/07 (72 FR
                                  Season Allowance                 54556).
                                  Allocations.
----------------------------------------------------------------------------------------------------------------
                                            Chapter 15: Regional Haze
----------------------------------------------------------------------------------------------------------------
Reg. 19.1501...................  Purpose...........    1/25/2009  3/12/2012 (77 FR    ..........................
                                                                   14604).
Reg, 19.1502...................  Definitions.......    1/25/2009  3/12/2012 (77 FR    ..........................
                                                                   14604).
Reg. 19.1503...................  BART Eligible         1/25/2009  3/12/2012 (77 FR    ..........................
                                  Sources.                         14604).
Reg. 19.1504...................  Facilities Subject-   1/25/2009  3/12/2012 (77 FR    Under (A): The
                                  to-BART.                         14604).             identification of sources
                                                                                       subject to BART is
                                                                                       approved, except for not
                                                                                       identifying the 6A and 9A
                                                                                       Boilers at the Georgia
                                                                                       Pacific Crossett Mill,
                                                                                       which we find are subject
                                                                                       to BART.
                                                                                      Under (B): The requirement
                                                                                       for BART installation and
                                                                                       operation as
                                                                                       expeditiously as
                                                                                       practicable, but no later
                                                                                       than 5 years after EPA
                                                                                       approval is partially
                                                                                       approved and partially
                                                                                       disapproved, such that
                                                                                       the partial approval is
                                                                                       for the BART
                                                                                       determinations we are
                                                                                       approving and the partial
                                                                                       disapproval is for the
                                                                                       BART determinations we
                                                                                       are disapproving; and the
                                                                                       requirement for BART
                                                                                       installation and
                                                                                       operation no later than 6
                                                                                       years after the effective
                                                                                       date of the State
                                                                                       regulation is
                                                                                       disapproved.
Reg. 19.1505...................  BART Requirements.    1/25/2009  3/12/2012 (77 FR    The following portions of
                                                                   14604).             Reg. 19.1505 are
                                                                                       disapproved: (A)(1) and
                                                                                       (2), (B), (C), (D)(1) and
                                                                                       (2), (E), (F)(1) and (2),
                                                                                       (G)(1) and (2), (H),
                                                                                       (I)(1) and (2), (J)(1)
                                                                                       and (2), (K), (L),
                                                                                       (M)(1), and (N).

[[Page 178]]

 
Reg. 19.1506...................  Compliance            1/25/2009  3/12/2012 (77 FR    The requirement to
                                  Provisions.                      14604).             demonstrate compliance
                                                                                       with the BART limits
                                                                                       listed in Reg. 19.1505
                                                                                       (A)(1) and (2), (B), (C),
                                                                                       (D)(1) and (2), (E),
                                                                                       (F)(1) and (2), (G)(1)
                                                                                       and (2), (H), (I)(1) and
                                                                                       (2), (J)(1) and (2), (K),
                                                                                       (L), (M)(1), and (N) is
                                                                                       disapproved.
Reg. 19.1507...................  Permit Reopening..    1/25/2009  3/12/2012 (77 FR    ..........................
                                                                   14604).
----------------------------------------------------------------------------------------------------------------
                                    Appendix A: Insignificant Activities List
----------------------------------------------------------------------------------------------------------------
Appendix A.....................  Insignificant          02/03/05  04/12/07 (72 FR
                                  Activities List.                 18394).
----------------------------------------------------------------------------------------------------------------
                       Regulation 26: Regulations of the Arkansas Operating Permit Program
----------------------------------------------------------------------------------------------------------------
                                Chapter 3: Requirements for Permit Applicability
----------------------------------------------------------------------------------------------------------------
Section 26.301.................  Requirement for a      08/10/00  10/9/01 (66 FR
                                  permit.                          51312).
Section 26.302.................  Sources subject to     08/10/00  10/9/01 (66 FR
                                  permitting.                      51312).
----------------------------------------------------------------------------------------------------------------
                                       Chapter 4: Applications for Permits
----------------------------------------------------------------------------------------------------------------
Section 26.401.................  Duty to apply.....     08/10/00  10/9/01 (66 FR
                                                                   51312).
Section 26.402.................  Standard               08/10/00  10/9/01 (66 FR
                                  application form                 51312).
                                  and required
                                  information.
Section 26.407.................  Complete               08/10/00  10/9/01 (66 FR
                                  application.                     51312).
Section 26.409.................  Applicants duty to     08/10/00  10/9/01 (66 FR
                                  supplement                       51312).
                                  correct
                                  application.
Section 26.410.................  Certification by       08/10/00  10/9/01 (66 FR
                                  responsible                      51312).
                                  official.
----------------------------------------------------------------------------------------------------------------
                                        Chapter 5: Action on Application
----------------------------------------------------------------------------------------------------------------
Section 26.501.................  Action on part 70      08/10/00  10/9/01 (66 FR      Subsection B Not in SIP.
                                  permit                           51312).
                                  applications.
Section 26.502.................  Final action on        08/10/00  10/9/01 (66 FR
                                  permit                           51312).
                                  application.
----------------------------------------------------------------------------------------------------------------
                        Chapter 6: Permit Review by the Public, Affected States, and EPA
----------------------------------------------------------------------------------------------------------------
Section 26.601.................  Untitled               08/10/00  10/9/01 (66 FR
                                  introduction to                  51312).
                                  Chapter 6.
Section 26.602.................  Public                 08/10/00  10/9/01 (66 FR      Only Subsection A(1),
                                  participation.                   51312).             A(2), A(5) and D in SIP.
Section 26.603.................  Transmission of        08/10/00  10/9/01 (66 FR
                                  permit                           51312).
                                  information to
                                  the Administrator.
Section 26.604.................  Review of draft        08/10/00  10/9/01 (66 FR
                                  permit by                        51312).
                                  affected States.
----------------------------------------------------------------------------------------------------------------
                         Regulation No. 31: Nonattainment New Source Review Requirements
                                      Chapter 1: Title, Intent, and Purpose
----------------------------------------------------------------------------------------------------------------
Reg. 31.101....................  Title.............     07/03/06  04/12/07 (72 FR
                                                                   18394).
Reg. 31.102....................  Applicability.....     07/03/06  04/12/07 (72 FR
                                                                   18394).
Reg. 31.103....................  Severability......     07/03/06  04/12/07 (72 FR
                                                                   18394).
----------------------------------------------------------------------------------------------------------------
                                             Chapter 2: Definitions
----------------------------------------------------------------------------------------------------------------
Chapter 2......................  Definitions.......     07/03/06  04/12/07 (72 FR
                                                                   18394).
----------------------------------------------------------------------------------------------------------------
                                        Chapter 3: Preconstruction review
----------------------------------------------------------------------------------------------------------------
Reg. 31.301....................  Requirement for a      07/03/06  04/12/07 (72 FR
                                  Permit.                          18394).
Reg. 31.302....................  Required               07/03/06  04/12/07 (72 FR
                                  Information.                     18394).
Reg. 31.303....................  Approval Criteria.     07/03/06  04/12/07 (72 FR
                                                                   18394).
Reg. 31.304....................  Offsets...........     07/03/06  04/12/07 (72 FR
                                                                   18394).
Reg. 31.305....................  Zones Targeted for     07/03/06  04/12/07 (72 FR
                                  Economic                         18394).
                                  Development.
Reg. 31.306....................  Control Technology     07/03/06  04/12/07 (72 FR
                                  Information.                     18394).
Reg. 31.307....................  Approval to            07/03/06  04/12/07 (72 FR
                                  Construct.                       18394).
Reg. 31.308....................  Applicability of       07/03/06  04/12/07 (72 FR
                                  Nonattainment                    18394).
                                  Review.

[[Page 179]]

 
Reg. 31.309....................  Applicability of       07/03/06  04/12/07 (72 FR
                                  Other Regulations.               18394).
----------------------------------------------------------------------------------------------------------------
                                         Chapter 4: Applicability Tests
----------------------------------------------------------------------------------------------------------------
Reg. 31.401....................  Actual-to-             07/03/06  04/12/07 (72 FR
                                  Projected-Actual                 18394).
                                  Applicability
                                  Test.
Reg. 31.402....................  Actual-to-             07/03/06  04/12/07 (72 FR
                                  Potential Test.                  18394).
Reg. 31.403....................  [Reserved]........     07/03/06  04/12/07 (72 FR
                                                                   18394).
Reg. 31.404....................  [Reserved]........     07/03/06  04/12/07 (72 FR
                                                                   18394).
Reg. 31.405....................  Emission Baseline      07/03/06  04/12/07 (72 FR
                                  Credits.                         18394).
Reg. 31.406....................  Relaxation of          07/03/06  04/12/07 (72 FR
                                  Limits.                          18394).
Reg. 31.407....................  Modifications to       07/03/06  04/12/07 (72 FR
                                  Existing Units.                  18394).
Reg. 31.408....................  Public                 07/03/06  04/12/07 (72 FR
                                  Availability of                  18394).
                                  Information.
Reg. 31.409....................  Applicability of       07/03/06  04/12/07 (72 FR
                                  Nitrogen Oxides.                 18394).
Reg. 31.410....................  Offset                 07/03/06  04/12/07 (72 FR
                                  Requirements.                    18394).
Reg. 31.411....................  PM10 Precursors...     07/03/06  04/12/07 (72 FR
                                                                   18394).
----------------------------------------------------------------------------------------------------------------
                                              Chapter 5: [Reserved]
                                              Chapter 6: [Reserved]
                                              Chapter 7: [Reserved]
----------------------------------------------------------------------------------------------------------------
                                             Chapter 8: Actual PALS
----------------------------------------------------------------------------------------------------------------
Reg. 31.801....................  Applicability.....     07/03/06  04/12/07 (72 FR
                                                                   18394).
Reg. 31.802....................  Definitions.......     07/03/06  04/12/07 (72 FR
                                                                   18394).
Reg. 31.803....................  Permit Application     07/03/06  04/12/07 (72 FR
                                  Requirements.                    18394).
Reg. 31.804....................  General                07/03/06  04/12/07 (72 FR
                                  Requirements for                 18394).
                                  Establishing PALs.
Reg. 31.805....................  Public                 07/03/06  04/12/07 (72 FR
                                  Participation                    18394).
                                  Requirement for
                                  PALs.
Reg. 31.806....................  Setting the 10-        07/03/06  04/12/07 (72 FR
                                  year Actuals PAL                 18394).
                                  Level.
Reg. 31.807....................  Contents of the        07/03/06  04/12/07 (72 FR
                                  PAL Permit.                      18394).
Reg. 31.808....................  Reopening of the       07/03/06  04/12/07 (72 FR
                                  PAL Permit.                      18394).
Reg. 31.809....................  PAL Effective          07/03/06  04/12/07 (72 FR
                                  Period.                          18394).
Reg. 31.810....................  Expiration of a        07/03/06  04/12/07 (72 FR
                                  PAL.                             18394).
Reg. 31.811....................  Renewal of a PAL..     07/03/06  04/12/07 (72 FR
                                                                   18394).
Reg. 31.812....................  Increasing a PAL       07/03/06  04/12/07 (72 FR
                                  During the PAL                   18394).
                                  Effective Period.
Reg. 31.813....................  Monitoring             07/03/06  04/12/07 (72 FR
                                  Requirements for                 18394).
                                  PALs.
Reg. 31.814....................  Recordkeeping          07/03/06  04/12/07 (72 FR
                                  Requirements.                    18394).
Reg. 31.815....................  Reporting and          07/03/06  04/12/07 (72 FR
                                  Notification                     18394).
                                  Requirements.
Reg. 31.816....................  Transition             07/03/06  04/12/07 (72 FR
                                  Requirements.                    18394).
----------------------------------------------------------------------------------------------------------------
                                            Chapter 9: Effective Date
----------------------------------------------------------------------------------------------------------------
Reg. 31.901....................  Effective Date....     07/03/06  04/12/07 (72 FR
                                                                   18394).
----------------------------------------------------------------------------------------------------------------
                                     Arkansas Regulation No. 9: Permit Fees
----------------------------------------------------------------------------------------------------------------
Section 1......................  Purpose...........     12/16/85  11/12/86 (51 FR     Ref 52.200(c)(24).
                                                                   40975).
Section 2......................  Short Title.......     12/16/85  11/12/86 (51 FR     Ref 52.200(c)(24).
                                                                   40975).
Section 3......................  Definitions.......     12/16/85  11/12/86 (51 FR     Ref 52.200(c)(24).
                                                                   40975).
Section 4......................  Applicability.....     12/16/85  11/12/86 (51 FR     Ref 52.200(c)(24).
                                                                   40975).
Section 5......................  Maximum Fees......     12/16/85  11/12/86 (51 FR     Ref 52.200(c)(24).
                                                                   40975).
Section 6......................  Retroactivity.....     12/16/85  11/12/86 (51 FR     Ref 52.200(c)(24).
                                                                   40975).
Section 7......................  Permit Fee Payment     12/16/85  11/12/86 (51 FR     Ref 52.200(c)(24).
                                                                   40975).
Section 8......................  Refunds...........     12/16/85  11/12/86 (51 FR     Ref 52.200(c)(24).
                                                                   40975).
Section 9......................  Solid Waste Fee...  ...........  ..................  NOT IN SIP.
Section 10.....................  Fee Schedule......     12/16/85  11/12/86 (51 FR     Ref 52.200(c)(24).
                                                                   40975).
Section 11.....................  Review of Fees....     12/16/85  11/12/86 (51 FR     Ref 52.200(c)(24).
                                                                   40975).
Section 12.....................  Severability......     12/16/85  11/12/86 (51 FR     Ref 52.200(c)(24).
                                                                   40975).
Section 13.....................  Appeals...........     12/16/85  11/12/86 (51 FR     Ref 52.200(c)(24).
                                                                   40975).
Section 14.....................  Effective Date....     12/16/85  11/12/86 (51 FR     Ref 52.200(c)(24).
                                                                   40975).
----------------------------------------------------------------------------------------------------------------

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

[[Page 180]]



                               EPA-Approved Arkansas Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                          State
                                                        approval/       EPA
             Name of source                Permit No.   effective     approval               Comments
                                                           date         date
----------------------------------------------------------------------------------------------------------------
None.
----------------------------------------------------------------------------------------------------------------

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

                                    EPA-Approved Statutes in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                        State
                                                      submittal/
         State citation             Title/subject     effective   EPA approval date          Explanation
                                                         date
----------------------------------------------------------------------------------------------------------------
                              Arkansas Water and Air Pollution Control Act--Part I
----------------------------------------------------------------------------------------------------------------
82.1901........................  Title of Act......     01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                                                   10841).
82.1902........................  Definitions.......     01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                                                   10841).
82.1903........................  Pollution Control      01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                  Commission.                      10841).
82.1904........................  Powers and Duties      01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                  of Commission.                   10841).
82.1905........................  Persons Operating      01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                  Disposal System--                10841).
                                  Furnishing
                                  Information and
                                  Permitting
                                  Examinations and
                                  Surveys.
82.1906........................  Hearing Before         01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                  Commission or                    10841).
                                  Member--Appeal
                                  Procedure.
82.1907........................  Co-operation with      01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                  Agency of Another                10841).
                                  State or United
                                  States.
82.1908........................  Actions Declared       01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                  Public Nuisance--                10841).
                                  Permit to
                                  Construct, Make
                                  Changes in or
                                  Operate Disposal
                                  System--Submissio
                                  n of Plans.
82.1909........................  Violation of Act a     01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                  Misdemeanor--Poll                10841).
                                  ution a Nuisance--
                                  Abatement.
----------------------------------------------------------------------------------------------------------------
                            Arkansas Environmental Permit Fees Act (Act 817 of 1983)
----------------------------------------------------------------------------------------------------------------
82-1916 thru 82-1921...........  Permit Fees Act...     12/16/85  11/12/86 (51 FR    Ref 522.200(c)(24).
                                                                   40975).
----------------------------------------------------------------------------------------------------------------
                              Arkansas Water and Air Pollution Control Act--Part II
----------------------------------------------------------------------------------------------------------------
82-1931........................  Air Pollution-         01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                  State Policy.                    10841).
82-1932........................  Purpose of Act....     01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                                                   10841).
82-1933........................  Definitions.......     01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                                                   10841).
82-1934........................  Exemptions........     01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                                                   10841).
82-1935........................  Powers of              01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                  Commission.                      10841).
82-1936........................  Factors in             01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                  Exercise of                      10841).
                                  Commission Powers.
82-1937........................  Industrial Secrets     11/25/85  08/04/86 (51 FR    Ref 52.200(c)(23).
                                  Confidential--Rev                27840).
                                  ealing a
                                  Misdemeanor.
82-1938........................  Unlawful Acts.....     01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                                                   10841).
82-1939........................  Variance from          01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                  Regulations.                     10841).
82-1940........................  Application of         01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                  Water Pollution                  10841).
                                  Provisions.
82-1941........................  Political              01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                  Subdivision                      10841).
                                  Forbidden to
                                  Legislate on Air
                                  Pollution.
82-1942........................  Radiation Control      01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                  Law Not Amended                  10841).
                                  or Repealed--No
                                  Authority to
                                  Commission Over
                                  Employer-Employee
                                  Relationships.

[[Page 181]]

 
82-1943........................  Private Rights         01/28/72  05/31/72 (37 FR    Ref 52.200(a) & (b).
                                  Unchanged.                       10841).
----------------------------------------------------------------------------------------------------------------
                             Small Business Assistance Program Act (Act 251 of 1993)
----------------------------------------------------------------------------------------------------------------
Act 251........................  SBAP Act..........     02/26/93  03/08/95 (60 FR    Ref 52.200(c)(31).
                                                                   12691).
----------------------------------------------------------------------------------------------------------------


                                EPA-Approved Control Measures in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                        State
                                     Applicable       submittal/
        Control measures            geographic or     effective   EPA approval date          Explanation
                                 nonattainment area      date
----------------------------------------------------------------------------------------------------------------
Air Quality Surveillance.......  Statewide.........     04/24/80  08/06/81 (46 FR    Ref 52.200(c)(6) & (20).
                                                                   40005).
Lead SIP.......................  Statewide.........     12/10/79  04/16/82 (47 FR    Ref 52.200(c)(17).
                                                                   16328).
Protection of Visibility in      Statewide.........     06/12/85  02/10/86 (51 FR    Ref 52.200(c)(22).
 Mandatory Class I Federal                                         4910).
 Areas.
Part II of the Visibility        Statewide.........     10/09/87  07/21/88 (53 FR    Ref 52.200(c)(25).
 Protection Plan.                                                  27514).
Good Engineering Practice Stack  Statewide.........      06/1/87  02/23/89 (54 FR    Ref 52.200(c)(26).
 Height Regulations.                                               7764).
Small Business Stationary        Statewide.........     11/06/92  03/08/95 (60 FR    Ref 52.200(c)(31).
 Source Technical and                                              12691).
 Environmental Compliance
 Assistance Program.
----------------------------------------------------------------------------------------------------------------


            EPA-Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                             State
                                        Applicable        submittal/
      Name of SIP provision            geographic or       effective    EPA approval date        Explanation
                                    nonattainment area       date
----------------------------------------------------------------------------------------------------------------
Emissions Inventory for            Crittenden County...       6/22/07  1/15/09 (74 FR
 Crittenden County.                                                     2383).
8-Hour Ozone Maintenance plan for  Crittenden, Shelby       2/26/2009  3/24/2010 (75 FR
 the Crittenden County, Arkansas    County.                             14077).
 Area.
Interstate Transport for the 1997  Statewide...........     3/28/2008  3/12/2012 (77 FR     Noninterference with
 ozone and PM2.5 NAAQS                                                  14604).              measures required
 (Noninterference with measures                                                              to protect
 required to protect visibility                                                              visibility in any
 in any other State).                                                                        other State
                                                                                             partially approved
                                                                                             3/12/12.
Regional Haze SIP................  Statewide...........  9/23/2008, 8/ 3/12/2012 (77 FR     The following
                                                               3/2010   14604).              portions are
                                                                                             partially approved
                                                                                             and partially
                                                                                             disapproved:
    (a) Identification of                                                                   (a) Identification
     affected Class I areas.                                                                 of best available
                                                                                             retrofit technology
                                                                                             (BART) eligible
                                                                                             sources and subject
                                                                                             to BART sources;
    (b) Determination of baseline                                                           (b) requirements for
     and natural visibility                                                                  best available
     conditions.                                                                             retrofit technology
                                                                                             (BART);
    (c) Determination of the                                                                (c) the Arkansas
     Uniform Rate of Progress.                                                               Regional Haze Rule;
                                                                                             and

[[Page 182]]

 
    (d) Reasonable progress goal                                                            (d) Long Term
     consultation and long term                                                              Strategy. (See Sec.
     strategy consultation.                                                                    52.173(a)).
    (e) Coordination regional
     haze and reasonably
     attributable visibility
     impairment.
    (f) Monitoring Strategy and
     other implementation
     requirements.
    (g) Commitment to submit
     periodic Regional Haze SIP
     revisions and periodic
     progress reports describing
     progress towards the
     reasonable progress goals.
    (h) Commitment to make a
     determination of the
     adequacy of the existing SIP
     at the time a progress
     report is submitted.
    (i) Coordination with States
     and Federal Land Managers.
    (j) The following best
     available retrofit
     technology (BART)
     determinations: PM BART
     determination for the AEP
     Flint Creek Plant Boiler No.
     1; SO2 and PM BART
     determinations for the
     natural gas firing scenario
     for the Entergy Lake
     Catherine Plant Unit 4; PM
     BART determinations for both
     the bituminous and sub-
     bituminous coal firing
     scenarios for the Entergy
     White Bluff Plant Units 1
     and 2; and PM BART
     determination for the Domtar
     Ashdown Mill Power Boiler
     No. 1.
----------------------------------------------------------------------------------------------------------------


[63 FR 56927, Oct. 23, 1998, as amended at 65 FR 61107, Oct. 16, 2000; 
66 FR 51316, Oct. 9, 2001; 71 FR 13545, Mar. 16, 2006; 72 FR 18396, Apr. 
12, 2007; 72 FR 54561, Sept. 26, 2007; 74 FR 2386, Jan. 15, 2009; 75 FR 
14080, Mar. 24, 2010; 77 FR 14675, 14676, Mar. 12, 2012]



Sec. 52.171  Classification of regions.

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

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


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

[[Page 183]]



Sec. 52.172  Approval status.

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

[45 FR 6571, Jan. 29, 1980]



Sec. 52.173  Visibility protection.

    (a) Regional haze. The regional haze State Implementation Plan (SIP) 
revisions submitted on September 23, 2008 and August 3, 2010, and 
supplemented on September 27, 2011 are partially approved and partially 
disapproved.
    (1) The identification of sources that are eligible for Best 
Available Retrofit Technology (BART) is approved, with the exception of 
the 6A Boiler at the Georgia-Pacific Crossett Mill, which is BART 
eligible.
    (2) The identification of sources subject to BART is approved, with 
the exception of the 6A and 9A Boilers at the Georgia-Pacific Crossett 
Mill, which are both subject to BART.
    (3) The following BART determinations are disapproved:
    (i) The sulfur dioxide (SO2), nitrogen dioxide 
(NOX), and particulate matter (PM) BART determinations for 
the Arkansas Electric Cooperative Corporation Bailey Plant Unit 1 and 
the AECC McClellan Plant Unit 1;
    (ii) The SO2 and NOX BART determinations for 
the American Electric Power Flint Creek Plant Boiler No. 1;
    (iii) The NOX BART determination for the natural gas 
firing scenario and the SO2, NOX, and PM BART 
determinations for the fuel oil firing scenario for the Entergy Lake 
Catherine Plant Unit 4;
    (iv) The SO2 and NOX BART determinations for 
both the bituminous and sub-bituminous coal firing scenarios for the 
Entergy White Bluff Plant Units 1 and 2;
    (v) The BART determination for the Entergy White Bluff Plant 
Auxiliary Boiler;
    (vi) The SO2 and NOX BART determinations for 
the Domtar Ashdown Mill Power Boiler No. 1; and
    (vii) The SO2, NOX and PM BART determinations 
for the Domtar Ashdown Mill Power Boiler No. 2.
    (4) The Arkansas Regional Haze Rule, (APCEC Regulation 19, Chapter 
15), is partially approved and partially disapproved such that:
    (i) The requirement under Reg. 19.104(B) for BART installation and 
operation as expeditiously as practicable, but no later than 5 years 
after EPA approval of the Arkansas Regional Haze State Implementation 
Plan is partially approved and partially disapproved, such that the 
partial approval is for the BART determinations we are approving and the 
partial disapproval is for the BART determinations we are disapproving;
    (ii) The requirement under Reg. 19.1504(B) for BART installation and 
operation no later than 6 years after the effective date of the State 
regulation is disapproved;
    (iii) Reg. 19.1505 (A)(1) and (2), (B), (C), (D)(1) and (2), (E), 
(F)(1) and (2), (G)(1) and (2), (H), (I)(1) and (2), (J)(1) and (2), 
(K), (L), (M)(1), and (N) are disapproved;
    (iv) the Reg. 19.1506 requirement to demonstrate compliance with the 
BART limits listed in Reg. 19.1505 (A)(1) and (2), (B), (C), (D)(1) and 
(2), (E), (F)(1) and (2), (G)(1) and (2), (H), (I)(1) and (2), (J)(1) 
and (2), (K), (L), (M)(1), and (N) is disapproved; and
    (v) The remaining portions are approved.
    (5) The regional haze long term strategy under 40 CFR 51.308(d)(3) 
is partially approved and partially disapproved.
    (6) The reasonable progress goals are disapproved.
    (b) Interstate Transport. The portion of the SIP pertaining to 
adequate provisions to prohibit emissions from interfering with measures 
required in another state to protect visibility, submitted on March 28, 
2008, and supplemented on September 27, 2011, is partially approved and 
partially disapproved.
    (1) The Arkansas Regional Haze Rule, (APCEC Regulation 19, Chapter 
15), is partially approved and partially disapproved such that:

[[Page 184]]

    (i) The requirement under Reg. 19.104(B) for BART installation and 
operation as expeditiously as practicable, but no later than 5 years 
after EPA approval of the Arkansas Regional Haze State Implementation 
Plan is partially approved and partially disapproved, such that the 
partial approval is for the BART determinations we are approving and the 
partial disapproval is for the BART determinations we are disapproving;
    (ii) The requirement under Reg. 19.1504(B) for BART installation and 
operation no later than 6 years after the effective date of the State 
regulation is disapproved;
    (iii) Reg. 19.1505 (A)(1) and (2), (B), (C), (D)(1) and (2), (E), 
(F)(1) and (2), (G)(1) and (2), (H), (I)(1) and (2), (J)(1) and (2), 
(K), (L), (M)(1), and (N) are disapproved;
    (iv) The Reg. 19.1506 requirement to demonstrate compliance with the 
BART limits listed in Reg. 19.1505 (A)(1) and (2), (B), (C), (D)(1) and 
(2), (E), (F)(1) and (2), (G)(1) and (2), (H), (I)(1) and (2), (J)(1) 
and (2), (K), (L), (M)(1), and (N) is disapproved; and
    (v) The remaining portions are approved.

[77 FR 14676, Mar. 12, 2012]



Sec. Sec. 52.174-52.180  [Reserved]



Sec. 52.181  Significant deterioration of air quality.

    (a) The plan submitted by the Governor of Arkansas as follows:
    (1) April 23, 1981--submittal of the PSD Supplement Arkansas Plan of 
Implementation for Pollution Control (the ``PSD Supplement'') submitted 
April 23, 1981 (as adopted by the Arkansas Commission on Pollution 
Control and Ecology (ACPCE) on April 10, 1981);
    (2) June 3, 1988--submittal of revisions to the PSD Supplement 
(revised and adopted by the ACPCE on March 25, 1988);
    (3) June 19, 1990--submittal of revisions to the PSD Supplement 
(revised and adopted by the ACPCE on May 25, 1990), and;
    (4) March 5, 1999--submittal of Regulation 19, Chapter 9, Prevention 
of Significant Deterioration which recodified Arkansas' PSD regulations 
(as adopted by the Arkansas Pollution Control and Ecology Commission on 
January 22, 1999)
    (b) The requirements of sections 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.

[56 FR 20139, May 2, 1991, as amended at 63 FR 17683, Apr. 10, 1998; 63 
FR 32981, June 17, 1998; 65 FR 61108, Oct. 16, 2000; 68 FR 11322, Mar. 
10, 2003; 68 FR 74488, Dec. 24, 2003]



Sec. 52.183  Small business assistance program.

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

[60 FR 12695, Mar. 8, 1995]



Sec. 52.184  Interstate pollutant transport provisions; What are the FIP 

requirements for decreases in emissions of nitrogen oxides?

    (a) The owner and operator of each source and each unit located in 
the State of Arkansas and for which requirements are set forth under the 
TR NOX Ozone Season Trading Program in subpart BBBBB of part 
97 of this chapter must comply with such requirements. The obligation to 
comply with such requirements will be eliminated by the promulgation of 
an approval by the Administrator of a revision to Arkansas' State 
Implementation Plan (SIP) as correcting the SIP's deficiency

[[Page 185]]

that is the basis for the TR Federal Implementation Plan under Sec. 
52.38(b), except to the extent the Administrator's approval is partial 
or conditional.
    (b) Notwithstanding the provisions of paragraph (a) of this section, 
if, at the time of the approval of Arkansas' SIP revision described in 
paragraph (a) of this section, the Administrator has already started 
recording any allocations of TR NOX Ozone Season allowances 
under subpart BBBBB of part 97 of this chapter to units in the State for 
a control period in any year, the provisions of subpart BBBBB of part 97 
of this chapter authorizing the Administrator to complete the allocation 
and recordation of TR NOX Ozone Season allowances to units in 
the State for each such control period shall continue to apply, unless 
provided otherwise by such approval of the State's SIP revision.

[76 FR 48361, Aug. 8, 2011]



Sec. 52.200  Original identification of plan section.

    (a) This section identifies the original ``Arkansas Plan for 
Implementation for Air Pollution Control'' and all revisions submitted 
by Arkansas 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) A certification that the public hearings on the plan were held 
was submitted by the State Department of Pollution Control and Ecology 
on January 25, 1972. (Non-regulatory)
    (2) State Department of Pollution Control and Ecology letter 
outlining projected emission reductions, ASA forecasts, source 
surveillance, legal authority and interstate cooperation was submitted 
on February 24, 1972. (Non-regulatory)
    (3) Revision of section 16 of the State air code was submitted by 
the Department of Pollution Control and Ecology on July 7, 1972.
    (4) June 27, 1975, letter from the Governor submitting sections 1 
through 10 of the Regulations and Strategy of the Arkansas Plan of 
Implementation for Air Pollution Control except those portions relating 
to delegation of authority to enforce Federal requirements.
    (5) August 16, 1976, statement issued by Director of the Arkansas 
Department of Pollution Control and Ecology specifying the test and 
reference methods for determining compliance with emission limitations.
    (6) Administrative changes to the Arkansas Air Quality Surveillance 
Network were submitted by the Arkansas Department of Pollution Control 
and Ecology on February 15, 1977, January 10, 1978, and March 27, 1978. 
(Non-regulatory.)
    (7) On April 4, 1979, the Governor submitted the nonattainment area 
plan for the area designated nonattainment as of March 3, 1978.
    (8) On August 14, 1979, the Governor submitted supplemental 
information clarifying the plan.
    (9) Revisions to Arkansas Regulation 4.5(a) for the ``Control of 
Volatile Organic Compounds'' showing a final compliance date of June 1, 
1981, was submitted by the Arkansas Governor on December 10, 1979.
    (10) A modification to the definition for lowest achievable emission 
rate (LAER), consistent with the definition contained in section 171(3) 
of the Act, was submitted by the Arkansas Governor on December 10, 1979.
    (11) On July 11, 1979, the Governor submitted revisions to section 
6(a) malfunction or upset and section 7(e) continuous emission 
monitoring of the Arkansas Regulations.
    (12) Revisions to section 3 (i.e., 3.(a), (b), (k), (l), (n), (o), 
(z), (bb), (dd), (ee), (ff), and (gg)), section 4 (i.e., 4.1(b), 4.2(a), 
4.5(a)(1), 4.5(a)(2), 4.6(c), and 4.6(d)), and section 5 (i.e., 5.4 and 
5.5) were adopted by the Arkansas Commission on Pollution Control and 
Ecology on September 26, 1980 and submitted by the Governor on October 
10, 1980.
    (13) Revisions to section 3 (i.e., 3.(ii) through 3.(nn)), section 4 
(i.e., 4.1, 4.5(a)(1), 4.5(a)(2), and 4.6(e)), and section 5 (i.e., 5.6) 
of the Arkansas Regulations for the Control of Volatile Organic 
Compounds were adopted by the Arkansas Commission on Pollution Control 
and Ecology on April 10, 1981 and submitted by the Governor on April 23, 
1981.

[[Page 186]]

    (14) A variance to Regulation 8 for Weyerhaeuser Gypsum Plant in 
Nashville, Arkansas was submitted by the Governor on June 29, 1981.
    (15) On April 23, 1981, the Governor submitted revisions to the plan 
to incorporate Federal Prevention of Significant Deterioration (PSD) 
Regulations 40 CFR 52.21 by reference.
    (16) On September 11, 1981, the Governor submitted a revision to 
section 8 of the Regulations of the Arkansas Plan of Implementation for 
Air Pollution Control which implements an emission limit for Energy 
Systems Company of El Dorado, Arkansas.
    (17) The Arkansas State Implementation Plan for lead was submitted 
to EPA on December 10, 1979, by the Governor of Arkansas as adopted by 
the Arkansas Department of Pollution Control and Ecology on November 16, 
1979. A letter of clarification dated January 5, 1982, also was 
submitted.
    (18) Revisions to the plan for intergovernmental consultation, 
interstate pollution abatement, and composition of the Arkansas 
Commission on Pollution Control and Ecology were submitted to EPA by the 
Arkansas Department of Pollution Control and Ecology on January 9, 1980.
    (19) Revision to the plan for maintenance of employee pay was 
submitted to EPA by the Arkansas Department of Pollution Control and 
Ecology on January 9, 1980.
    (20) On April 24, 1980, the Governor submitted final revisions to 
the ambient monitoring portion of the plan.
    (21) On December 10, 1979, the Governor submitted a revision to 
Section 5.1(a) of the Regulation of the Arkansas Plan of Implementation 
for Air Pollution Control, which controls VOC emissions. This revision 
was adopted by the Arkansas Commission on Pollution Control and Ecology 
on November 16, 1979.
    (22) On July 12, 1985, the Governor submitted a revision entitled, 
``Protection of Visibility in Mandatory Class I Federal Areas, May 6, 
1985.'' This submittal included new source review regulations and 
visibility monitoring strategy as adopted by the Arkansas Commission on 
Pollution Control and Ecology on May 24, 1985.
    (i) Incorporation by reference. (A) New source review regulations 
include amendments to rules and regulations of the Arkansas Department 
of Pollution Control and Ecology entitled, ``Prevention of Significant 
Deterioration Supplement to the Arkansas Plan of Implementation for Air 
Pollution Control,'' Sections 1 through 6, adopted on May 24, 1985.
    (B) Arkansas Department of Pollution Control and Ecology Minute 
Order No. 85-12, adopted May 24, 1985.
    (ii) Additional material. (A) Narrative submittal, including 
introduction, and visibility monitoring strategy.
    (23) A revision to the Arkansas Plan of Implementation of Air 
Pollution Control was submitted by the Governor on November 25, 1985.
    (i) Incorporation by reference. (A) Act 763 of 1985 (public 
availability of emission data) approved April 3, 1985. Act 763 of 1985 
amends section 82-1937 (Industrial secrets confidential--Revealing a 
misdemeanor) of the Arkansas Water and Air Pollution Control Act.
    (24) A revision to the Arkansas Plan of Implementation for Air 
Pollution Control was submitted by the Governor on December 16, 1985.
    (i) Incorporation by reference. (A) Act 817 of 1983 (permit fees) 
adopted March 25, 1983. Act 817 of 1983 added sections 82-1916 thru 82-
1921 to the Arkansas Statutes. (B) Arkansas Department of Pollution 
Control and Ecology Regulation No. 9 (Regulations for Development and 
Implementation of a Permit Fee System for Environmental Permits) adopted 
by the Arkansas Commission on Pollution Control and Ecology on November 
16, 1984. Only those portions of Regulation No. 9 related to air permits 
are incorporated.
    (25) Part II of the Visibility Protection Plan was submitted by the 
Governor on October 9, 1987.
    (i) Incorporation by reference. (A) Revision entitled ``Arkansas 
Plan of Implementation for Air Pollution Control--Revision: Protection 
of Visibility in Mandatory Class I Federal Areas: Part II--Long-Term 
Strategy, September 29, 1987''. This submittal includes a visibility 
long-term strategy and general plan provisions as adopted

[[Page 187]]

by the Arkansas Commission on Pollution Control and Ecology on September 
25, 1987.
    (B) Arkansas Department of Pollution Control and Ecology, Minute 
Order No. 87-24, adopted September 25, 1987.
    (ii) Additional material. (A) None.
    (26) A revision to the Arkansas Plan of Implementation for Air 
Pollution Control, as adopted by the Arkansas Commission on Pollution 
Control and Ecology on May 22, 1987, was submitted by the Governor of 
Arkansas on July 1, 1987. This revision adds the definitions and 
dispersion technique regulations required to implement the Federal stack 
height regulations.
    (i) Incorporation by reference. (A) Sections 3(r), 3(s), 3(t), 3(u), 
3(v), 3(w), 3(x), 3(y), 5(f), and 5(g) of the Arkansas Plan of 
Implementation for Air Pollution Control as adopted by the Arkansas 
Commission on Pollution Control and Ecology on May 22, 1987.
    (ii) Additional material. None.
    (27) Revisions to the Arkansas State Implementation Plan for (1) the 
National Ambient Air Quality Standards and particulate matter 
definitions (subsections (z) through (ff) of ``Section 3. 
Definitions''). (2) Prevention of Significant Deterioration of Air 
Quality and its Supplement, and (3) subsection f(ix) of ``Section 4. 
Permits'', as adopted on March 25, 1988, by the Arkansas Commission on 
Pollution Control and Ecology, were submitted by the Governor on June 3, 
1988.
    (i) Incorporation by reference. (A) Regulations of the Arkansas Plan 
of Implementation for Air Pollution Control ``Section 3. Definitions'', 
subsections (z) through (ff), as promulgated on March 25, 1988.
    (B) Prevention of Significant Deterioration Supplement Arkansas Plan 
of Implementation For Air Pollution Control, as amended on March 25, 
1988.
    (C) Regulations of the Arkansas Plan for Implementation for Air 
Pollution Control ``Section 4. Permits'', subsection f(ix), as 
promulgated on March 25, 1988.
    (ii) Other material. None.
    (28) Revisions to the Arkansas State Implementation Plan for 
Prevention of Significant Deterioration (PSD) of Air Quality Supplement 
Arkansas Plan of Implementation for Air Pollution Control (PSD nitrogen 
dioxide increments), as adopted on May 25, 1990, by the Arkansas 
Commission on Pollution Control and Ecology, were submitted by the 
Governor on June 19, 1990.
    (i) Incorporation by reference. (A) Prevention of Significant 
Deterioration Supplement Arkansas Plan of Implementation For Air 
Pollution Control as amended on May 25, 1990.
    (ii) Additional material. None.
    (29)-(30) [Reserved]
    (31) The State is required to implement a Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program 
(PROGRAM) as specified in the plan revision submitted by the Governor on 
November 6, 1992. This plan submittal, as adopted by the Arkansas 
Commission on Pollution Control and Ecology on November 5, 1992, was 
developed in accordance with section 507 of the Clean Air Act. On April 
23, 1993, the Governor submitted Act 251 of 1993 which establishes the 
Compliance Advisory Panel (CAP) for the PROGRAM.
    (i) Incorporation by reference. (A) Act 251 of 1993 approved by the 
Governor on February 26, 1993. Included in this Act are provisions 
creating a CAP, establishing membership of the CAP, and addressing the 
responsibilities and duties of the CAP.
    (B) Arkansas Department of Pollution Control and Ecology, Minute 
Order No. 92-81, adopted November 5, 1992.
    (ii) Additional material. (A) Revision entitled, ``Arkansas Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program SIP Revision'', adopted November 5, 1992.
    (B) Legal opinion letter dated November 5, 1992, from Steve Weaver, 
Chief Counsel, Arkansas Department of Pollution Control and Ecology, 
regarding legality of Commission teleconference meeting.

[37 FR 10850, May 31, 1972. Redesignated at 63 FR 56827, Oct. 23, 1998]

    Editorial Note: For Federal Register citations affecting Sec. 
52.200, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

[[Page 188]]



                          Subpart F_California



Sec. 52.219  Identification of plan--conditional approval.

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

[58 FR 62533, Nov. 29, 1993]



Sec. 52.220  Identification of plan.

    (a) Title of plan: ``The State of California Implementation Plan for 
Achieving and Maintaining the National Ambient Air Quality Standards''.
    (b) The plan was officially submitted on February 21, 1972.
    (1) Mendocino County APCD.
    (i) Previously approved on May 31, 1972 and now deleted without 
replacement parts XI, XII, and part XIII.
    (ii) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Part X, Paragraph 3.
    (2) Placer County APCD.
    (i) Previously approved on May 31, 1972 and now deleted without 
replacement Rule 42 (Mountain Counties Air Basin), Rules 40 and 42 (Lake 
Tahoe Air Basin).
    (ii) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rules 40 and 42.
    (iii) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement for implementation in the 
Lake Tahoe Air Basin, Rules 2-17, 2-18, 2-19, and 2-20.
    (iv) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement for implementation in the 
Mountain Counties Air Basin, Rules 2-17, 2-18, 2-19, 2-20.
    (3) Tehama County APCD.
    (i) Previously approved on May 31, 1972 and now deleted without 
replacement Rule 5.1.
    (ii) Previously approved on May 31, 1972 and now deleted without 
replacement Rule 4.13.
    (4) San Bernardino County APCD.
    (i) Previously approved on May 31, 1972 and now deleted without 
replacement Regulation VI, Rules 100 to 104, 109, 110, 120, and 130 to 
137.
    (ii) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Regulation 3, Rules 40, 42, 
43, and 44.
    (5) Ventura County Air Pollution Control District.
    (i) Previously approved on September 22, 1972 and now deleted 
without replacement Rule 18.
    (6) Lassen County APCD.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rules 1.4, 3.2, 3.3 
(Schedules 1-6), 3.4, and 3.5.
    (7) Nevada County APCD.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rule 41.
    (ii) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rules 17, 18, and 19.
    (iii) Previously approved on May 31, 1972 in paragraph (b) of this 
section and

[[Page 189]]

now deleted without replacement Rules 11 and 51.
    (8) Orange County APCD.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rule 120.
    (9) Sierra County APCD.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rules 46 and 50.
    (10) Siskiyou County APCD.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rules 3.1, 3.2, and 3.3.
    (ii) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rules 2.4, 2.6, and 5.1 to 
5.18.
    (11) Yolo-Solano AQMD.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rules 1.7 and 2.18.
    (ii) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rule 2.7.
    (12) California Air Resources Board.
    (i) Previously approved on May 31, 1972 in paragraph (b) and deleted 
without replacement, effective September 10, 1980, chapter 7 (``Legal 
Considerations'') of part I (``State General Plan'') of the plan 
submitted on February 21, 1972, and all of the statutory provisions and 
other legal documents contained in appendix II (``State Statutes and 
other Legal Documents Pertinent to Air Pollution Control in 
California'') to chapter 7.
    (13) El Dorado County Air Pollution Control District.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rules 77, 78, 79, and 80.
    (14) Imperial County Air Pollution Control District.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rule 110.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Air quality data submitted on April 10, 1972, by the Air 
Resources Board.
    (2) Report on status of regulations submitted on April 19, 1972, by 
the Air Resources Board.
    (3) Emission inventory submitted on April 21, 1972, by the Air 
Resources Board.
    (4) Air quality data submitted on April 26, 1972, by the Air 
Resources Board.
    (5) Air quality data submitted on May 5, 1972, by the Air Resources 
Board.
    (6) Revised regulations for all APCD's submitted on June 30, 1972, 
by the Governor, except for:
    (i) San Diego County Air Pollution Control District.
    (A) Rule 65 is now removed without replacement as of March 14, 1989.
    (B) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 44, 75, 77 to 80, 82 to 84, and 86 to 91.
    (C) Previously approved on September 22, 1972 and now deleted 
without replacement, Rules 12 and 13.
    (D) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without replacement, Rules 18, 22, 23, and 
24.
    (ii) Calaveras County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rule 305.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rule 109.
    (C) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without replacement, Rules 204, 206, 210, 
211, 212, and 213.
    (iii) Colusa County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 3.1 and 5.1 to 5.17.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 1.4, 2.13, 6.11 
and 6.12.
    (C) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without

[[Page 190]]

replacement, Rules 1.6, 2.9, 2.10, 2.11, 2.12, and 4.2.
    (iv) Fresno County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 501, 502, 504, 506, 508 to 512, 514, 516, and 
517.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 104, 105, 107, 
109, 303, and 304.
    (C) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without replacement, Rule 206.
    (v) Glenn County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 111, 113 to 117, 119 to 125, and 150.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 151 and 153.
    (C) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without replacement, Rules 53, 54, 55, and 
97.
    (vi) Kern County APCD (including Southeast Desert).
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 502, 505 to 510, 512 to 515, and 517.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 107, 109, 303, 
and 304.
    (C) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without replacement for implementation in 
Kern County, Southeast Desert Air Basin, Rules 204, 206, 210, 211, 212, 
and 213.
    (D) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without replacement for implementation in 
Kern County, San Joaquin Valley Air Basin, Rules 107, 109, 206, 303, and 
304.
    (E) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without replacement Rule 403 (Southeast 
Desert).
    (vii) Kings County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 502 to 509, 511 to 517.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rule 109.
    (C) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without replacement, Rules 206 and 518.
    (viii) Lassen County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 1.5, 3.1, and 5.1 to 5.17.
    (B) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without replacement, Rules 2.02, 2.04, 
2.06, 2.10, 2.11, 2.12, and 2.13.
    (ix) Madera County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 507 to 510 and 512 to 517.
    (B) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without replacement, Rule 206.
    (x) Merced County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 502, 503, 506 to 510, and 512 to 517.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 107, 301 
(Paragraphs c to g, i, and j), 303, and 304.
    (C) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without replacement, Rule 206.
    (xi) Modoc County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 1.5 and 4.1 to 4.17.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rule 1.4.
    (C) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without replacement, Rules 2.02, 2.04, 
2.06, 2.10, 2.12, and 2.13.

[[Page 191]]

    (xii) San Joaquin County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 502 and 506 to 509.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 107 and 109.
    (C) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without replacement, Rule 206.
    (xiii) Stanislaus County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 303, 304, 502, 505 to 510 and 512 to 517.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rule 107.
    (C) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without replacement, Rule 206.
    (xiv) Tulare County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 303, 304, 501, 502, 506 to 514, 516 to 518.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 107 and 109.
    (C) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without replacement, Rule 206.
    (xv) San Bernardino County Air Pollution Control District.
    (A) Previously approved on December 21, 1975 and now deleted without 
replacement Rule 68.
    (xvi) Northern Sonoma County Air Pollution Control District.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 56, 64, 64.1 and 64.2.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 42 and 100.
    (C) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without replacement, Rules 013, 015, 019, 
020, 021, and 022.
    (xvii) Los Angeles County Air Pollution Control District.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rule 51.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 43, 44, and Rule 
120.
    (xviii) Orange County Air Pollution Control District.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 51, 67.1 and 68.
    (xix) Riverside County Air Pollution Control District.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rule 51.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 43 and 44 
(Mojave Desert AQMD only).
    (xx) Mariposa County APCD.
    (A) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rule 17.
    (B) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without replacement, Rule 16.
    (xxi) Plumas County APCD.
    (A) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 3, 4, and 40.
    (xxii) Sutter County APCD.
    (A) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rule 2.20.
    (xxiii) Shasta County Air Pollution Control District.
    (A) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without replacement, Rule 2.17 and 2.22.
    (xxiv) Ventura County Air Pollution Control District.
    (A) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without replacement, Rule 22.
    (B) Previously approved on September 22, 1972 in paragraph (c)(6) of 
this section and now deleted without replacement, Rule 100.

[[Page 192]]

    (7) Information (Non-regulatory) regarding air quality surveillance 
submitted on July 19, 1972, by the Air Resources Board.
    (8) Compliance schedules submitted on December 27, 1973, by the Air 
Resources Board.
    (9) Compliance schedules submitted on February 19, 1974, by the Air 
Resources Board.
    (10) Compliance schedules submitted on April 22, 1974, by the Air 
Resources Board.
    (11) Compliance schedules submitted on June 7, 1974, by the Air 
Resources Board.
    (12) Compliance schedules submitted on June 19, 1974, by the Air 
Resources Board.
    (13) Compliance schedules submitted on September 4, 1974, by the Air 
Resources Board.
    (14) Compliance schedules submitted on September 19, 1974, by the 
Air Resources Board.
    (15) Compliance schedules submitted on October 18, 1974, by the Air 
Resources Board.
    (16) Compliance schedules submitted on December 4, 1974, by the Air 
Resources Board.
    (17) Compliance schedules submitted on January 13, 1975, by the Air 
Resources Board.
    (18) Air quality maintenance area designations submitted on July 12, 
1974, by the Governor.
    (19)-(20) [Reserved]
    (21) Revised regulations for the following APCD's submitted on July 
25, 1973, by the Governor.
    (i) Lassen County APCD.
    (A) Appendix A (Implementation Plan for Agricultural Burning) and 
Appendix B (Enforcement).
    (ii) Modoc County APCD.
    (A) Rule 3:10A and Regulation V (Rules 5:1 to 5:7).
    (iii) Siskiyou County APCD.
    (A) Rules 2.13, 4.5, 4.12, 4.13, 4.14, and Implementation Plan for 
Agricultural Burning.
    (iv) Bay Area APCD.
    (A) Regulation 1.
    (1) Division 1, Sections 1000-1010.
    (2) Division 2, Section 2000.
    (3) Division 3, Sections 3000-3004, 3100-3111, 3115-3118, 3120, and 
3200-3500.
    (4) Division 4.
    (B) Regulation 4.
    (1) Sections 1-2.
    (C) Regulation 2.
    (1) Division 1, Sections 1214 to 1214.3.
    (D) Regulation 3.
    (1) Division 1, Sections 1205 to 1205.3.
    (v) Butte County APCD.
    (A) Sections 1-1 to 1-35, 2-8, 2-10 to 2-11, 2A-1 to 2A-18, 3-2 to 
3-2.1, 3-6, 3-9, 3-10.1, 3-11.1, 3.14, and 3.16.
    (vi) San Diego County APCD.
    (A) Rules 41, 55, 58, and 101-113.
    (B) Previously approved on May 11, 1977 and now deleted without 
replacement Rule 41.
    (C) Previously approved on May 11, 1977 and now deleted without 
replacement, Rule 55.
    (D) Previously approved on May 11, 1977 in paragraph (c)(21)(vi)(A) 
of this section and now deleted Rules 105, 106, 107, 110, 111, and 112 
(now replaced by Rule 101).
    (vii) Tehama County APCD.
    (A) Rules 1:2, 3:1-3, 3:3a, 3:3b, 3:4-3:5, 3:5a, 3:6-3:14, 4:6, and 
Implementation Plan for Agricultural Burning.
    (B) Previously approved on May 11, 1977 and now deleted without 
replacement Rule 41.
    (viii) Yuba County APCD.
    (A) Rules 1.1, 2.1-2.2, 2.10, 4.11, and Agricultural Burning 
Regulations, Sections 1 to 6.
    (B) Rule 4.5.
    (C) Previously approved on August 22, 1977 in paragraph 
(c)(21)(viii)(A) of this section and now deleted without replacement, 
Rule 4.11.
    (ix) Kings County APCD.
    (A) Rules 102, 105-108, 110, 404-406, 409, 417-I, II, IV, and 510.
    (B) Rule 111.
    (C) Previously approved on August 22, 1977 and now deleted without 
replacement Rule 510.
    (D) Previously approved on August 22, 1977 in paragraph 
(c)(21)(ix)(A) of this section and now deleted without replacement, Rule 
107.
    (x) Colusa County APCD.
    (A) Rule 6.5 and Amendment Number 3.
    (B) Rule 4.4g.
    (xi) Imperial County APCD.
    (A) Agricultural Burning Implementation Plan (Rules 200-206).
    (xii) Sacramento County APCD
    (A) Rules 72, 90, 91, and 92.

[[Page 193]]

    (xiii) Ventura County APCD.
    (A) Rules 2, 37, 56, 59, 60, and 101.
    (B) Previously approved on August 15, 1977 in paragraph 
(c)(21)(xiii)(A) of this section and now deleted without replacement, 
Rule 60.
    (xiv) Yolo-Solano APCD.
    (A) New or amended Rules 1.2 (a, b, d to g, i to x, and z to ae), 
1.4, 2.4(e), 2.8, 2.9, 4.1 to 4.5, 5.1 to 5.18, 6.1 (i) and (j), 6.2 to 
6.5, and 6.7 to 6.8.
    (B) Previously approved on June 14, 1978 and now deleted without 
replacement Rules 4.4, 4.5, 5.2, 5.3, 5.5, 5.7 to 5.9, and 5.13 to 5.17.
    (C) Previously approved on June 14, 1978 in paragraph 
(c)(21)(xiv)(A) of this section and now deleted without replacement, 
Rule 5.18.
    (D) Previously approved on June 14, 1978 in paragraph 
(c)(21)(xiv)(A) of this section and now deleted without replacement, 
Rule 2.4.
    (xv) San Bernardino County APCD.
    (A) New or amended Rules 5(a), 53A, 57, 57.1, 57.2.
    (xvi) Santa Barbara County APCD.
    (A) Rules 2(a, b, k, l, m, n, o, p, q, r, s, t, u, v, w), 40 [with 
the exception of 40(4)(m)].
    (xvii) Calaveras County APCD.
    (A) Rules 110 and 402(f).
    (xviii) Los Angeles County APCD (Metropolitan Los Angeles portion).
    (A) Amended Rule 45.
    (B) Previously approved on September 8, 1978 in paragraph 
(c)(21)(xviii)(A) of this section and now deleted without replacement, 
Rule 45.
    (22) Revised regulations for the following APCD's submitted on 
November 2, 1973 by the Governor's designee.
    (i) Bay Area APCD.
    (A) Regulation 2.
    (1) Division 1, Section 1222.
    (2) Division 3, Section 3211.
    (3) Division 4, Section 4113.
    (4) Division 8, Sections 8414-8416.
    (5) Division 9, Sections 9613, 9615, 9711.3, and 9711.5.
    (6) Division 11, Section 11101.
    (23) Revised regulations for the following APCD's submitted on 
January 22, 1974 by the Governor's designee.
    (i) Sacramento County APCD.
    (A) Rule 30.
    (ii) Santa Barbara County APCD.
    (A) Rules 22, 24.1, 24.2.
    (24) Revised regulations for the following APVD's submitted on July 
19, 1974, by the Governor's designee.
    (i) Sutter County APCD.
    (A) Rule 1.3
    (ii) Bay Area APCD.
    (A) Regulation 1: (1) Sections 3112-3114, 3119 and 3122.
    (iii) San Diego County APCD.
    (A) Regulation IX.
    (B) Rule 61.
    (iv) Stanislaus County APCD.
    (A) Rules 103, 108, 108.1, 113, 401, 402, 403, 404, 405, 409.1, 
409.2, 418, 421, 505, 518, and 401.1.
    (B) Rule 110.
    (C) Previously approved on August 22, 1977 in paragraph (c)(iv)(A) 
of this section and now deleted without replacement, Rule 518.
    (v) Tehama County APCD.
    (A) Rules 3:14 and 4:18.
    (B) Rule 4:17.
    (vi) Shasta County APCD.
    (A) Rules 1:1 to 1:2, 2:6(1.)(a), 2:6(1.)(b) (i-ii and iv-vii) 
2:6(1.)(c)(i-vi), 2:6(1.)(d-e), 2:6(2-4), 2:7, 2:8(a-c), 2:9, 2:11, 
2:14, 2:25, 3:1 to 3:9, 3:11 to 3:12, and 4:1 to 4:23.
    (B) Rule 3:10.
    (C) Previously approved on August 22, 1977 and now deleted without 
replacement Rules 4.2 to 4.4, 4.8 to 4.10, 4.15, and 4.23.
    (D) Previously approved on August 22, 1977 in paragraph 
(c)(24)(vi)(A) of this section and now deleted without replacement, Rule 
3.7.
    (vii) Kern County APCD.
    (A) Rules 102, 103, 108, 108.1, 110, 113, 114, 301, 305, 401, 404, 
405, 407.3, 409, 411, 413, 414, 417-I and II, 504, 516, and 518
    (B) Rule 111.
    (C) Rules 601-615, except those portions pertaining to sulfur 
dioxide and the 12-hour carbon monoxide criteria levels.
    (D) Previously approved on August 22, 1977 and now deleted without 
replacement Rule 516 (including Southeast Desert).
    (E) Previously approved on August 22, 1977 and now deleted without 
replacement for implementation in the Southeast Desert Air Basin, Rule 
404.
    (F) Previously approved on August 22, 1977 in paragraph (c)(vii)(A) 
of this section and now deleted without replacement for implementation 
in Kern

[[Page 194]]

County, Southeast Desert Air Basin, Rule 518.
    (G) Previously approved on August 22, 1977 in paragraph (c)(vii)(A) 
of this section and now deleted without replacement for implementation 
in Kern County, San Joaquin Valley Air Basin, Rule 518.
    (viii) Sacramento County APCD.
    (A) Rules 11, 39, 44, 70, 73, and 111.
    (B) Rules 123 and 124, except those portions that pertain to the 12-
hour CO criteria level.
    (ix) Yolo-Solano APCD.
    (A) Rule 2.22.
    (B) New or amended Rules 1.2(c, h, and y), 1.3, 2.11 to 2.16, 2.19, 
4.3, 5.4, 5.6, and 5.12.
    (C) Previously approved on June 14, 1978 and now deleted without 
replacement Rules 5.6 and 5.12.
    (x) Ventura County APCD.
    (A) Rules 2, 3, 31, 32, 200, 203, and 204.
    (B) Rule 32.
    (C) Rules 70, 73.
    (D) Rule 96.
    (E) Rule 111.
    (F) Previously approved on August 15, 1977 in paragraph (c)(x)(A) of 
this section and now deleted without replacement, Rule 3.
    (xi) Santa Barbara County Air Pollution Control District.
    (A) Rules 150 to 152, 154 to 159, 160A, and 161 to 164, except those 
portions pertaining to nitrogen oxides, sulfur dioxide and the 12-hour 
carbon monoxide criteria levels.
    (25) Revised regulations for the following APCD's submitted on 
October 23, 1974 by the Governor's designee.
    (i) Fresno County APCD.
    (A) Rules 102, 103, 108, 108.1, 111-114, 401, 404-406, 408, 409.1, 
409.2, 416, 416.1a, b, c(2), c(3), d, e(2), and f, 505 and 518.
    (B) Rule 110.
    (C) New or amended Rules 402 (a to g), 416.1(c)(1), 416.1(e)(1), 
416.1(e)(3), and 416.1(e)(4).
    (D) Rules 601-615, except those portions pertaining to sulfur 
dioxide and the 12-hour carbon monoxide criteria levels.
    (E) Previously approved on August 22, 1977 and now deleted without 
replacement Rule 505.
    (F) Previously approved on August 22, 1977 in paragraph 
(c)(25)(i)(A) of this section and now deleted without replacement, Rule 
518.
    (ii) San Joaquin County APCD.
    (A) Rules 102, 103, 108, 108.1, 108.2, 113, 305, 404-406, 407.2, 
407.3, 408, 408.1, 409.1, 409.2, 410, 413, 414, 416, 416.1A to C, and 
D.3 to E., 417, 420, 420.1, 421, 504, 505, and 510-520.
    (B) Rule 110.
    (C) New or amended Rules 416.1 (D)(1) and (D)(2).
    (D) Previously approved on August 22, 1977 and now deleted without 
replacement Rules 504, 505, 510, 512 to 518, and 520.
    (E) Previously approved on August 22, 1977 in paragraph 
(c)(25)(ii)(A) of this section and now deleted without replacement, Rule 
519.
    (iii) Lake County APCD.
    (A) Parts II--V, Sections 3-7 of Part VI, Parts XI-XIII, Appendix A 
(Agricultural Burning Definitions A-M, Burning Regulations/Agricultural 
Burning (Farm) 1-9, /Farm 1-3, /Range 1-2), Appendix B (Parts I-II, Part 
IV-1, 2, 5, and 6, Part V-1, 4, 5 and 6, Parts VI-VII, Part VIII-1-7 and 
9, Parts IX-X), Tables I-IV.
    (iv) Tulare County APCD.
    (A) Rules 102, 103, 108.1, 110, 112-114, 302, 401, 404-406, 407.3, 
408, 410, 410.1, 410.2, 411, 420, 503-505, and 515.
    (B) Previously approved on August 22, 1977 and now deleted without 
replacement Rules 503 to 505, 515, and 519.
    (v) Ventura County APCD.
    (A) Rules 2 and 125.
    (vi) Santa Barbara County Air Pollution Control District.
    (A) Rule 160B, except those portions pertaining to nitrogen oxides, 
sulfur dioxide and the 12-hour carbon monoxide criteria levels.
    (vii) Monterey Bay Unified APCD.
    (A) Rules 100 to 106, 300 to 303, 400 to 401, 403, 404(a)(b)(d), 405 
to 408, 412 to 417, 419 to 420, 500 to 508, 600 to 616, and 800 to 816.
    (B) Previously approved on October 27, 1977 in paragraph 
(c)(25)(vii)(A) of this section and now deleted without replacement, 
Rules 302 and 303.
    (26) Revised regulations for the following APCD's submitted on 
January 10, 1975, by the Governor's designee.
    (i) Sutter County APCD
    (A) Rule 4.1
    (ii) Bay Area APCD

[[Page 195]]

    (A) Regulation 2: (1) Sections 2018.1-2.
    (B) Regulation 7.
    (C) Regulation 8.
    (D) Previously approved on May 11, 1977 in paragraph (c)(26)(ii)(B) 
of this section and now deleted without replacement, Regulation 7.
    (iii) Butte County APCD.
    (A) Sections 3-11, 3-12, and 3-12.1.
    (iv) Glenn County APCD.
    (A) Sections 2, 3.1, 10-14.3, 16, 17, 21, 21.1, 24, 57, 58, 81, 85, 
86, 95.1, 118, 122.1-122.3, 154 and 155.
    (B) Rules 95.2 and 95.3.
    (C) Previously approved on May 11, 1977 and now deleted without 
replacement Rules 118 and 122.1 to 122.3.
    (D) Previously approved on May 11, 1977 in paragraph (c)(26)(iv)(A) 
of this section and now deleted without replacement, Rule 155.
    (E) Previously approved on August 22, 1977 in paragraph 
(c)(26)(iv)(A) of this section and now deleted without replacement, Rule 
3.1.
    (v) Yuba County APCD.
    (A) Agricultural Burning Regulations, sections 1 and 3.
    (vi) Colusa County APCD.
    (A) Rules 6.2 and 6.4.d. (1-2).
    (vii) Fresno County APCD.
    (A) Rules 409, 417, 503, 507, 513, and 515.
    (B) Previously approved on August 22, 1977 and now deleted without 
replacement Rules 503, 507, 513, and 515.
    (viii) Mariposa County APCD.
    (A) Rules 101, 102, 201, 202, 203 (a-f, h, i, and k), 204-216, 301-
303, 305-306, 308-313, 315-323, 401-403, 405-409, and 600-618.
    (B) Rule 203(j).
    (C) Previously approved on August 22, 1977 and now deleted without 
replacement Rules 601, 602, 604 to 609, 611 to 616, and 618.
    (D) Previously approved on August 22, 1977 in paragraph 
(c)(26)(viii)(A) of this section and now deleted without replacement, 
Rule 617.
    (ix) Sierra County APCD.
    (A) Rules 101, 102, 201-216, 301-323, 405-409, 601-620, 6, 27, 29, 
and 51-56.
    (B) Previously approved and now deleted, Rule 102.
    (C) Previously approved on August 22, 1977 in paragraph 
(c)(26)(ix)(A) of this section and now deleted without replacement Rules 
619 and 620.
    (D) Previously approved on August 22, 1977 in paragraph 
(c)(26)(ix)(A) of this section and now deleted without replacement Rules 
201 and 205.
    (x) Shasta County APCD.
    (A) Rules 2:6(5)(b), 3:1, 3:2, 4:6, and 4:14.
    (xi) Tulare County APCD.
    (A) Rules 417 and 417.1a. thru d., e.2., and f.
    (B) New or amended Rules 417.1 (e)(1), (e)(3) and (e)(4).
    (xii) Kern County APCD.
    (A) Rules 410 and 503.
    (xiii) Madera County APCD.
    (A) Rules 102, 103, 105, 108, 112-114, 301, 305, 401, 402, (a-e, and 
g), 404-406, 407.2, 407.3, 408, 409, 409.1 409.2, 412, 416, 416.1a, b, 
c(2), c(3), d, e(2), f, 504, 505, and 518.
    (B) Rule 402(f).
    (C) Rule 110.
    (D) New or amended Rules 416.1 (c)(1), (e)(1), (e)(3), and (e)(4).
    (xiv) Yolo-Solano APCD.
    (A) New or amended Rule 6.1 (a), (b), (c), (d), (e), and (g) (1, 2, 
and 3).
    (xv) Monterey Bay Unified APCD.
    (A) Rules 49 to 411 and 421.
    (xvi) Plumas County APCD.
    (A) Rule 203(j).
    (B) New or amended Rules 101, 102, 201, 202, 204, 206, 209, 210(a), 
214, 216, 216-49, 216-50, 216-51, 216-54, 216-55, 216-56, 216-1, 216-2, 
216-3, 305, 306, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 
403, 405, 406, 408, 701, 702, 704, 705, 706, 707, 708, 709, 711, 712, 
713, 714, 715, 716, 717.
    (C) Previously approved and now deleted (without replacement) Rules 
51.7, 57.5, 62, 70.
    (D) Previously approved on June 14, 1978 and now deleted without 
replacement Rules 705 to 709.
    (E) Previously approved and now deleted, Rule 102.
    (F) Previously approved on June 14, 1978 in paragraph 
(c)(26)(xvi)(B) of this section and now deleted without replacement, 
Rule 717.
    (xvii) Placer County APCD.
    (A) New or amended Rules 102, 105, 201, 202, 204, 209, 312, 403, 
405, 406, 701, 705, 707, 711, 712, 713, 714, 716, 717.
    (B) Previously approved on June 14, 1978 and now deleted without 
replacement Rules 701, 707, 711 to 714, and 716 (Mountain Counties Air 
Basin).

[[Page 196]]

    (C) Previously approved on June 14, 1978 and now deleted without 
replacement Rules 701, 705, 707, 711 to 714, and 716 (Lake Tahoe Air 
Basin).
    (D) Previously approved on June 14, 1978 in paragraph 
(c)(26)(xvii)(A) of this section and now deleted without replacement, 
Rule 105.
    (E) Previously approved on June 14, 1978 in paragraph 
(c)(26)(xvii)(A) of this section and now deleted without replacement 
Rule 717 (Lake Tahoe Air Basin).
    (F) Previously approved on June 14, 1978 in paragraph 
(c)(26)(xvii)(A) of this section and now deleted without replacement 
Rules 705 and 717 (Mountain Counties Air Basin).
    (G) Previously approved on June 14, 1978 in paragraph 
(c)(26)(xvii)(A) of this section and now deleted without replacement 
Rules 701, 705, 707, 711 to 714, 716, and 717 (Sacramento Valley Air 
Basin).
    (27) Revised regulations for the following APCD's submitted on April 
10, 1975, by the Governor's designee.
    (i) Stanislaus County APCD.
    (A) Rule 409.
    (ii) Tehama County APCD.
    (A) Rule 4:6.
    (iii) Sacramento County APCD.
    (A) Rules 12, 22a, 22b, 25, 32-34, and 40.
    (iv) Bay Area APCD.
    (A) Regulation 2, section 1302.2 and section 1302.22.
    (B) Rules 32, 33, 34, 38, 40.
    (v) San Bernardino County APCD.
    (A) New or amended Rule 73.
    (vi) Riverside County APCD.
    (A) New or amended Rule 57.
    (vii) Nevada County APCD.
    (A) New or amended Rules 101, 102, 105, 106, 107, 201, 202, 203 
[with exception of (g)], 204, 206, 208, 209, 210(a), 212, 214, 215, 301, 
302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 
317, 318, 322, 401, 403, 405, 406, 408, 601, 602, 701, 702, 703, 705, 
706, 707, 708, 709, 711, 712, 713, 714, 715, 716, 717.
    (B) Previously approved on June 14, 1978 and now deleted without 
replacement Rules 701 to 703, 705 to 709, and 712 to 716.
    (C) Previously approved and now deleted, Rule 102.
    (D) Previously approved on June 14, 1978 in paragraph 
(c)(27)(vii)(A) of this section and now deleted without replacement, 
Rules 105, 601, and 602.
    (E) Previously approved on June 14, 1978 in paragraph 
(c)(27)(vii)(A) of this section and now deleted without replacement Rule 
717.
    (viii) El Dorado County APCD.
    (A) New or amended Rules 101, 102, 202, 204, 206, 209, 210(a), 212, 
214, 301, 305, 306, 309, 310, 311, 312, 313, 315, 316, 317, 318, 323, 
401, 403, 405, 406, 408, 601, 602, 701, 702, 704, 705, 706, 707, 708, 
709, 711, 712, 713, 714, 715, 716, 717.
    (B) Previously approved and now deleted (without replacement) Rules 
5, 6, 7.
    (C) Previously approved on June 14, 1978 in paragraph 
(c)(27)(viii)(A) of this section and now deleted Rule 101.
    (D) Previously approved on June 14, 1978 in paragraph 
(c)(27)(viii)(A) of this section and now deleted without replacement, 
Rules 323, 601, and 602.
    (E) Previously approved on June 14, 1978 in paragraph 
(c)(27)(viii)(A) and now deleted without replacement Rules 701, 702, 704 
to 709, and 711 to 717.
    (F) Previously approved on June 14, 1978 in paragraph 
(c)(27)(vii)(A) of this section and now deleted without replacement 
Rules 106, 107, 201, 215, 401, and 403.
    (ix) [Reserved]
    (x) Santa Barbara County APCD.
    (A) Rules 32, 36, 36.3, 36.4, 36.5, 37, 38.
    (28) Revised regulations for the following APCD's submitted on July 
22, 1975, by the Governor's designee.
    (i) Sutter County APCD
    (A) Rules 1.2, 2.82, and 4.11.
    (ii) San Diego County APCD.
    (A) Rule 66.
    (iii) Yuba County APCD
    (A) Rule 1.1.
    (iv) Calaveras County APCD.
    (A) Rules 102, 201-215, 301-323, 401-403, 405-408, 409 (Public 
Records), 601-604, 700-717, 105, 106, 110, 407(b), 409 (Organic 
Solvents), 409.1 (Architectural Coatings), 409.2 (Disposal and 
Evaporation of Solvents), 412, and 413.
    (B) Previously approved on August 22, 1977 and now deleted without 
replacement Rules 701, 704 to 709, 711 to 714, and 716.
    (C) Previously approved on August 22, 1977 in paragraph 
(c)(28)(iv)(A) of this section and now deleted without replacement Rule 
717.

[[Page 197]]

    (v) Tuolumne County APCD.
    (A) Rules 102, 201, 202, 203, (a-f, h, i, and k), 204-216, 301-303, 
305-306, 308-313, 315-323, 400-403, 405-408, 409 (Public Records), 600-
618, 105-110, 301-304, 409 (Fuel Burning Equipment, Oxides of Nitrogen), 
410, and 412-414.
    (vi) Kings County APCD.
    (A) Rule 410.
    (vii) Shasta County APCD.
    (A) Rule 2.8(e).
    (viii) Kern County APCD.
    (A) Rules 115, 407.1, 422, and 423.
    (B) Previously approved on August 22, 1977 in paragraph 
(c)(28)(viii)(A) of this section and now deleted without replacement, 
Rules 422 and 423.
    (ix) Sacramento County APCD.
    (A) Rule 93.
    (x) Riverside County APCD.
    (A) New or amended Rule 53.
    (xi) Orange County APCD (Metropolitan Los Angeles portion).
    (A) Amended Rule 53.
    (29) Revised regulations for the following APCD's submitted on 
November 3, 1975 by the Governor's designee.
    (i) Lake County APCD.
    (A) Part III, Number 59a.
    (ii) Sacramento County APCD.
    (A) Rules 13 and 14.
    (B) Rules 71, 112, and 113.
    (iii) Monterey Bay Unified APCD.
    (A) Rule 418.
    (iv) Bay Area APCD.
    (A) Regulation 2, section 1302.21 and section 1302.23.
    (v) San Diego County.
    (A) Rule 63.
    (B) Rules 112, 113.
    (vi) Ventura County APCD.
    (A) Rules 65, 66, 72, and 73.
    (B) Previously approved on August 15, 1977 and now deleted without 
replacement Rules 65 and 66.
    (C) Previously approved on August 15, 1977 in paragraph 
(c)(29)(vi)(A) of this section and now deleted without replacement, Rule 
72 (72-72.8).
    (30) Revised regulations for the following APCD's submitted on 
February 10, 1976 by the Governor's designee.
    (i) Bay Area APCD
    (A) Regulation 1: (1) Section 3121.
    (B) Regulation 6.
    (ii) Butte County APCD
    (A) Section 3-11.2
    (iii) Yuba County APCD.
    (A) Agricultural Burning Regulations, sections 1 and 3.
    (iv) Colusa County APCD.
    (A) Rule 6.6A.I and 6.6A.II-1. (a-f).
    (v) Fresno County APCD.
    (A) Rules 115, 422, 423, and 407.
    (B) Previously approved on August 22, 1977 in paragraph 
(c)(30)(v)(A) of this section and now deleted without replacement, Rules 
422 and 423.
    (vi) San Joaquin County APCD.
    (A) Rules 114, 401, 402, 407.1, 409, 411, 422 and 423.
    (B) Previously approved on August 22, 1977 in paragraph 
(c)(30)(vi)(A) of this section and now deleted without replacement, 
Rules 422 and 423.
    (C) Rule 411.1 and 411.2.
    (vii) Lake County APCD.
    (A) Table V.
    (viii) Sacramento County APCD.
    (A) Rules 94-97.
    (ix) Ventura County APCD.
    (A) Rules 70 and 71.
    (x) Southern California APCD.
    (A) New or amended Rules 501, 502, 506, 507, 508, 509, 511, 512, 
513, 514, 515, 516, 517, 518, 801, 803, 804, 807, 808, 809, 810, 811, 
813, 814, 815, 817.
    (B) Previously approved on June 14, 1978 and now deleted without 
replacement Rules 501, 502, 506 to 509, 511 to 518, 801, 803 to 804, 807 
to 811, 813 to 815, and 817.
    (xi) Santa Barbara County APCD.
    (A) Rule 32.1.
    (31) Revised regulations for the following APCD's submitted on April 
21, 1976, by the Governor's designee.
    (i) Great Basin Unified APCD.
    (A) Rules 200 to 216.
    (B) Rules 100 to 107, 215, 300 to 303, 400 to 402, 404 to 413, 416 
to 421, 500 to 501, 600 to 616, and 800 to 817.
    (C) Alpine County APCD: Rules 1.4, 3.1, 4.2-1, 4.7, 4.7-1, 4.8, 
4.10, 4.11, and 5.18.
    (D) Inyo County APCD: Rules 1.3, 3.1, 4.1, 4.10, 4.11, 4.12, and 
5.1.
    (E) Mono County APCD: Rules 1.4, 3.1, 4.2-1, 4.7, 4.7-1, 4.8, 4.10, 
4.11, 5.1, and 5.18.
    (F) Previously approved on June 6, 1977 and now deleted without 
replacement Rules 600 to 615 and 800 to 817.
    (G) Previously approved on June 6, 1977 in paragraph (c)(31)(i)(B) 
of this section and now deleted without replacement, Rules 105, 302, and 
303.
    (H) Previously approved on December 8, 1976 in paragraph 
(c)(31)(i)(A) of this

[[Page 198]]

section and now deleted without replacement Rules 211 and 214.
    (I) Previously approved on June 6, 1977 in paragraph (c)(31)(i)(B) 
of this section and now deleted without replacement Rules 107 and 616.
    (ii) Sutter County APCD
    (A) Rule 4.1
    (iii) San Diego County APCD.
    (A) Rule 5.
    (B) Previously approved on May 11, 1977 in paragraph (c)(31)(iii)(A) 
of this section and now deleted without replacement, Rule 5.
    (iv) Glenn County APCD
    (A) Sections 14.3 and 15.
    (v) Kings County APCD.
    (A) Rule 411.
    (B) Rules 412 and 412.1.
    (vi) Southern California APCD.
    (A) Rules 461 and 462.
    (B) New or amended Rules 103, 104, 105, 106.
    (C) Rules 201-207, 209-212, 214-217, and 219.
    (D) Previously approved on November 9, 1978 and now deleted without 
replacement Rule 211.
    (E) Previously approved on June 14, 1978 in paragraph (c)(31)(vi)(B) 
of this section and now deleted without replacement, Rule 105.
    (F) Previously approved on November 9, 1978 in paragraph 
(c)(31)(vi)(C) of this section and now deleted without replacement for 
implementation in the Antelope Valley Air Pollution Control District, 
Rules 211, 214, 215, and 216.
    (vii) Santa Barbara County APCD.
    (A) Rule 35.1 and 35.2.
    (B) Rule 2(x).
    (C) Rule 63, except those portions pertaining to sulfur dioxide and 
the 12-hour carbon monoxide criteria levels.
    (viii) Fresno County APCD.
    (A) Rule 411 and 411.1.
    (ix) Kern County APCD.
    (A) Rule 412 and 412.1.
    (x) Stanislaus County APCD.
    (A) Rule 411 and 411.1.
    (xi) Tulare County APCD.
    (A) Rule 412 and 412.1.
    (xii) Madera County APCD.
    (A) Rule 411.1 and 411.2.
    (xiii) Ventura County APCD.
    (A) Rules 2, 4, 36, 40, 41, 42, 43, 104, 201, and 202.
    (B) Previously approved on August 15, 1977 and now deleted without 
replacement Rule 43.
    (xiv) Yolo-Solano APCD.
    (A) New or amended Rules 6.1(f) (1 and 2), (g)(4), (h) (1 and 2) and 
6.6.
    (xv) Nevada County APCD.
    (A) Amended Rule 211.
    (xvi) Bay Area APCD.
    (A) Regulation 2, section 3212.
    (B) Regulation 3, section 3203.
    (xvii) [Reserved]
    (xviii) Amador County APCD.
    (A) Rule 404.
    (B) New or amended Rules 101, 102, 104, 105, 106, 107, 201, 202, 
204, 206, 207.1, 209, 210(A), 211, 212, 213.2, 213.3, 214, 305, 307, 
308, 312, 401, 402, 403, 405, 406, 408, 409, 601, 602, 603, 702, 704, 
705, 706, 707, 708, 709, 711, 712, 713, 714, 715, 716, 717.
    (C) Previously approved and now deleted (without replacement) Rules 
18.1 (Regulation V), 22 (Regulation V).
    (D) Previously approved on January 24, 1978 and now deleted without 
replacement Rules 705 to 709 and 712 to 716.
    (E) Previously approved on January 24, 1978 and now deleted without 
replacement Rules 213.2 and 213.3.
    (F) Previously approved on June 14, 1978 in paragraph 
(c)(31)(xvii)(B) of this section and now deleted without replacement, 
Rule 105.
    (G) Previously approved on January 24, 1978 in paragraph 
(c)(31)(xviii)(B) of this section and now deleted without replacement 
Rule 717.
    (32) Revised regulations for the following APCD's submitted on 
August 2, 1976 by the Governor's designee.
    (i) Bay Area APCD.
    (A) Regulation 2: (1) Sections 2022.1-2, 2035.1, 3211.1, and 
Divisions 16-18.
    (ii) Stanislaus County APCD.
    (A) Rules 102, 104, 105, 111, 112, 114, 301, 305, 407.1, 416, 416.1, 
422, 423, 501, 504, and 511.
    (B) Previously approved on August 22, 1977 and now deleted without 
replacement Rules 501, 404, and 511.
    (C) Previously approved on August 22, 1977 in paragraph 
(c)(32)(ii)(A) of this section and now deleted without replacement, 
Rules 104, 105, 112, 422, and 423.
    (iii) Merced County APCD.
    (A) Rules 411 and 411.1.
    (B) Rule 109.
    (C) New or amended Rules 102, 103, 103.1, 104, 105, 108.1, 110 to 
115, 302, 401, 404, 405, 407.1, 408.1, 408.2, 409, 409.1,

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409.2, 410, 412, 416, 416.1[(I), (II) (A-L), (II) (N-O), (III), (IV), 
(V), and (VI)], 421(a), 501, 504, 505, 511, and 518.
    (D) Previously approved and now deleted (without replacement) Rules 
102(hh) and 102(ii).
    (E) Previously approved on June 14, 1978 and now deleted without 
replacement Rules 105, 501, and 504.
    (F) Previously approved on June 14, 1978 in paragraph 
(c)(32)(iii)(C) of this section and now deleted without replacement, 
Rule 302.
    (G) Previously approved on June 14, 1978 in paragraph 
(c)(32)(iii)(C) of this section and now deleted without replacement 
Rules 505 and 518.
    (iv) Southern California APCD.
    (A) New or amended Rules 403, 404, 405, 407, 408, 409, 432, 441, 
443, 464, 465, 467, 470, 471, 472, 473, 504, 505, 510, 802, 805, 806, 
812, 816.
    (B) Previously approved and deleted (without replacement).
    (1) Los Angeles County APCD Rules 53.1, 55.
    (2) San Bernardino County APCD Rules 50, 51.
    (3) Riverside County APCD Rule 55.
    (4) Orange County APCD Rule 55.
    (C) Rules 202 and 219.
    (D) Previously approved on June 14, 1978 and now deleted without 
replacement Rules 504, 505, 510, 802, 805, 806, 812, and 816.
    (E) Previously approved on June 14, 1978 and now deleted without 
replacement.
    (1) Los Angeles County APCD Rule 505.
    (2) Riverside County APCD Rule 505.
    (3) San Bernadino County APCD Rule 505.
    (F) Previously approved on June 14, 1978 and now deleted without 
replacement Rule 432.
    (v) Plumas County APCD.
    (A) Amended Rule 324.
    (vi) El Dorado County APCD.
    (A) Amended Rule 211.
    (33)-(34) [Reserved]
    (35) Revised regulations for the following APCDs submitted on 
November 10, 1976 by the Governor's designee.
    (i) Sacramento County APCD.
    (A) Rules 1, 2, 11, 12, 21, 22a, 22b, 24, 25, 27, 28, 29, 33, 39, 
44, 70, 71, 90, 92, 93, 94, 95, 96, 97, 98, and definitions list 
addition to Regulation VII.
    (B) Rule 14.
    (ii) Southern California APCD.
    (A) Rule 461.
    (iii) Ventura County APCD.
    (A) Rule 70.
    (B) Rules 2, 57, 72, and 73 and Regulation VII (Rules 110-129).
    (C) Previously approved on August 15, 1977 and now deleted without 
replacement Rules 115 to 119, 122, and 128 to 129.
    (D) Previously approved on August 15, 1977 in paragraph 
(c)(35)(iii)(B) of this section and now deleted without replacement, 
Rules 72 (72.9-72.10) and 73.
    (iv) Santa Barbara County APCD.
    (A) Rule 35.2.
    (v) San Joaquin County APCD.
    (A) Rules 102, 103, 103.1, 104, 105, 111, 112, 301, 305, 402, 416.1, 
501, 504, 511.
    (B) Previously approved on October 4, 1977 and now deleted without 
replacement Rule 501.
    (C) Previously approved on October 4, 1977 in paragraph 
(c)(35)(v)(A) of this section and now deleted without replacement, Rules 
104, 105, and 112.
    (vi) Tulare County APCD.
    (A) Rules 102, 103, 103.1, 104, 105, 110, 112, 115, 305 (402 
paragraphs a. through e. and g.), 405, 407.1, 407.3, 409, 417.1, and 
421.
    (B) Rules 111 and 402(f).
    (C) Previously approved on September 21, 1976 and now deleted 
without replacement Rules 105 and 305.
    (vii) Fresno County APCD.
    (A) Rules 407 and 408.
    (viii) Imperial County APCD.
    (A) Rules 100, 114.5, 131.5, and 148.D(3).
    (ix) Del Norte County APCD.
    (A) Rule 540.
    (B) [Reserved]
    (C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a) 
and non-criteria pollutants), 190, 240(d) (except paragraph (3)), 300, 
310, 320, 340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482, 
500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following 
portions of Regulation 2: General prohibitions (all of page 1), Articles 
I and II, paragraphs A1, A2, A3, A4, 5, 7, and 8 of Article III, and 
Articles IV to VII.
    (x) San Diego County APCD.
    (A) Rules 2(k), 3, 50, 52, 53, 60, 62.
    (xi) Monterey Bay Unified APCD.

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    (A) Rules 101, 104, 106, 214, 301, 404(c), 406, 407, 415, 601 to 
603, 609, 801, 805, and 811.
    (xii) San Luis Obispo County APCD.
    (A) New or amended Rules 101 Title, 102, 103, 105(A)(2) through 
105(A)(46), 106, 108, 109, 110 Enforcement, 111, 401, 403, 405, 408, 
409, 410, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 
813, 814, 815, 816, 817.
    (B) Rule 107.
    (C) Rules previously approved and now deleted (without replacement) 
101(1)(b), 101(2), 101(3), and 101(4) Effective Date, 110 Prohibitions, 
116(1), 116(3), 119(1) and 119(4).
    (D) Amended Rules 501 and 502 (sections A-F, H-I, K-N, O(1), P-Q).
    (E) New or amended Rules 202, 205, 206, 207, 208, 209, 210, and 211.
    (F) Previously approved on August 4, 1978 and now deleted without 
replacement Rules 801 to 817.
    (G) Previously approved on August 4, 1978 and now deleted without 
replacement Rules 102 and 408.
    (H) Previously approved on August 4, 1978 in paragraph 
(c)(35)(xii)(A) of this section and now deleted without replacement, 
Rules 110 and 111.
    (I) Previously approved on February 1, 1984 in paragraph 
(c)(35)(xii)(E) of this section and now deleted without replacement 
Rules 202, 206, 207, and 208.
    (xiii) Kern County APCD.
    (A) New or amended Rules 102, 102(d), 102(oo), 103, 103.1, 104 to 
105, 110, 112, 301(f), 305(a), 402 (c) and (e), 417(I)(A), 
417(II)(B)(L), 501, and 511.
    (B) Rule 504.
    (C) Previously approved on March 22, 1978 and now deleted without 
replacement Rules 105, 501, 504, and 511 (including Southeast Desert).
    (D) Previously approved on March 22, 1978 in paragraph 
(c)(35)(xiii)(A) of this section and now deleted without replacement, 
Rule 104.
    (E) Previously approved on March 22, 1978 in paragraph 
(c)(35)(xiii)(A) of this section and now deleted without replacement for 
implementation in the San Joaquin Valley Air Basin, Rule 104.
    (xiv) Humboldt County APCD.
    (A) Rule 540.
    (B) [Reserved]
    (C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a) 
and non-criteria pollutants), 190, 240(d) (except paragraph (3)), 300, 
310, 320, 340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482, 
500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following 
portions of Regulation 2: General prohibitions (all of page 1), Articles 
I and II, paragraphs A1, A2, A3, A4, 5, 7, and 8 of Article III, 
Articles IV to VII, and Appendix A.
    (D) Previously approved and now deleted (without replacement) Rules 
5, 6, 80, 87, and 95.
    (E) Previously approved on August 2, 1978 and now deleted without 
replacement Rules 340, 510, and 620 to 650.
    (xv) Mendocino County APCD.
    (A) Rule 540.
    (B) [Reserved]
    (C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a) 
and noncriteria pollutants), 190, 300 (except paragraph (a)), 310, 340, 
400(b), 410(b), 410(c), 430, 440, 460, 470, 480, 482, 500, 510, 520, 
600, 610, 620, 630, 640, and 650; and the following portions of 
regulation 2: General prohibitions (all of page 1), Articles I and II, 
paragraphs A1, A2, A3, A4, 5, 7, and 8 of Article III, Articles IV and 
V, Article VI(a) to (i), Article VII, and Appendices B and C.
    (D) Previously approved and now deleted (without replacement) Parts 
IV, V-5-B, VI-1, and VI-4.
    (E) Previously approved on November 7, 1978 and now deleted without 
replacement Rules 510, 620, 640, and 650.
    (F) Previously approved on November 7, 1978 in paragraph 
(c)(35)(xv)(C) of this section and now deleted without replacement, 
Rules 340.
    (G) Previously approved on November 7, 1978 in paragraph 
(c)(35)(xv)(C) of this section and now deleted without replacement Rule 
630.
    (xvi) Northern Sonoma County APCD.
    (A) Rule 540.
    (B) New or amended Rules 100, 110, 120, 130, 150, 160, (except 
160(a) and non-criteria pollutants), 190, 300, 310, 320, 340, 400(b), 
410(a), 410(c), 420, 430, 440, 470, 480, 482, 500, 510, 520, 600, 610, 
620, 630, 640, and 650; and the following portions of Regulation 2: 
General prohibitions (all of page 1), Articles I and II, paragraphs A1, 
A2, A3, A4, 5, 7, and 8 of Article III, Articles IV and V, paragraphs 
(a) to (i) of Article VI, and Article VII.

[[Page 201]]

    (C) Previously approved on August 16, 1978 and now deleted without 
replacement Rules 340, 510, 600, 610, 620, 630, 640, and 650.
    (xvii) Trinity County APCD.
    (A) Rule 540.
    (B) [Reserved]
    (C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a) 
and non-criteria pollutants), 190, 240(d) except paragraph (3)), 300, 
310, 320, 340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482, 
500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following 
portions of regulation 2: General prohibitions (all of page 1), articles 
I and II, paragraphs A1, A2, A3, A4, 5, 7 and 8 of article III, articles 
IV and V, paragraphs (a) to (i) of article VI, and article VII.
    (D) Previously approved on August 2, 1978 and now deleted without 
replacement Rules 340, 510, and 620 to 650.
    (36) Revised regulations for the following APCD were submitted on 
November 19, 1976, by the Governor's designee.
    (i) Southern California APCD.
    (A) Rules 213, 213.1, and 213.2.
    (B) Previously approved on November 9, 1978 and now deleted without 
replacement Rule 213, 213.1, and 213.2.
    (37) Revised regulations for the following APCD's submitted on 
February 10, 1977, by the Governor's designee.
    (i) Southern California APCD.
    (A) New or amended Rules 102, 468, 469, 474, 475, 476.
    (B) Rule 430.
    (C) Amended Rule 431.
    (ii) San Diego County APCD.
    (A) Rule 68.
    (iii) San Luis Obispo County APCD.
    (A) Rule 112, and Rules 404(A) through 404(B)(1)(a), 404(B)(1)(c), 
404(B)(2), 404(B)(3), 404(B)(4), 404(c), 404(D), and 404(E).
    (iv) Lake County APCD.
    (A) Rules 500, 510, and 511.
    (B) New or amended sections 100, 200 to 205.1, 207 to 234, 236, 238 
to 260, 300, 301, 400, 401, 402 (A to E, and G), 410, 411, 412 (A and 
C), 430 to 439, 520, 530 to 533, 800, 900 to 902, 1000 to 1003, 1100, 
1200, 1300, 1400, 1500, 1600, 1601, 1610, 1611, 1612, 1620, 1700, 1701, 
1710 to 1714, 1720 to 1725, 1730, 1731 to 1736, and tables I, II, III, 
IV, and V.
    (C) Previously approved and now deleted (without replacement) part 
II; sections 9, 15, 18, 28, 42, 43, 49a, 49b, 50, 52, and 54 of part 
III; sections 1 to 4 of part IV; section (1)(B) of part V; and parts IV 
and VI of Appendix B.
    (D) Previously approved on August 4, 1978 and now deleted without 
replacement Rules 300, 800, 1600, 1601, 1610 to 1612, 1620, 1700 to 
1701, 1710 to 1714, 1720 to 1725, 1730 to 1736, and Tables I to V.
    (E) Previously approved on August 4, 1978 in paragraph 
(c)(37)(iv)(B) of this section and now deleted without replacement, 
Rules 531, 901, and 1500.
    (v) Tuolumne County APCD.
    (A) Rule 404.
    (B) New or amended Rules 102, 202, 203, 206, 207, 208, 209, 213, 
215, 216, 217, 301, 302, 303, 304, 308, 319, 321, 322, 323, 324, 402, 
407, 409, 601, 602, 603, 604, 605, 700, 701, 702, 703, 704, 705, 706, 
707, 708, 709, 710, 711, 712, 713, 714, 715, 716, and 717 and rescinded 
Rules 413 and 414.
    (C) Previously approved on December 6, 1979 and now deleted without 
replacement Rules 601 to 605, 700 to 704, and 705 to 716.
    (D) Previously approved on December 6, 1979 in paragraph 
(c)(37)(v)(B) of this section and now deleted without replacement, Rules 
216, 323, and 324.
    (E) Previously approved on December 6, 1979 in paragraph 
(c)(37)(v)(B) of this section and now deleted without replacement Rule 
717.
    (38) Revisions to air pollution emergency episode plans submitted on 
June 1, 1977 by the Governor's designee.
    (i) South Coast Air Quality Management District's Regulation VII 
Emergencies as revised on May 6, 1977. No action has been taken on those 
portions of Rules 702, 703, 704, 706, 708, 708.2, 710, 711, 712 and 714 
that pertain to sulfate, oxidant in combination with sulfate, or oxidant 
in combination with sulfur dioxide. No action has been taken on Rules 
708.2(b)(3)(B), 708.2(b)(4)(B), 708.2(b)(4)(C) and 708.2(b)(5)(C).
    (39) Revised regulations for the following APCDs submitted on June 
6, 1977, by the Governor's designee.
    (i) Great Basin Unified APCD.
    (A) Rule 403.
    (ii) San Bernardino County APCD (Southeast Desert portion).
    (A) Rule 430.
    (B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217, and 219.

[[Page 202]]

    (C) New or amended Rules 104, 106, 208, 218, 401, 403, 53-A(a), 407 
to 409, 431, 432, 441 to 443, 464 to 470, 472, 473, 475, 476, 503 to 
508, 510 to 518, 801 to 817.
    (D) [Reserved]
    (E) Rules 703, 704 (except those portions that pertain to the 
criteria levels for carbon monoxide and sulfur dioxide), 705, 706, 707, 
708, 709, 710, 711, 713, and 714.
    (F) Previously approved on September 8, 1978 and now deleted without 
replacement Rules 503 to 508, 510 to 516, 518, and 801 to 817.
    (G) Previously approved on September 8, 1978 and now deleted without 
replacement Rules 466 and 467.
    (H) Previously approved on September 8, 1978 in paragraph 
(c)(39)(ii)(C) of this section and now deleted without replacement for 
implementation in the Mojave Desert Air Quality Management District, 
Rule 517.
    (I) Previously approved on November 9, 1978 in paragraph 
(c)(39)(ii)(B) of this section and now deleted without replacement for 
implementation in the Mojave Desert Air Quality Management District, 
Rules 210, 211, and 214 to 216.
    (iii) Los Angeles County APCD (Southeast Desert portion).
    (A) Rule 430.
    (B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217, and 219.
    (C) New or amended Rules 101, 102, 2, 103 to 106, 208, 218, 301, 42, 
401, 403 to 405, 407 to 409, 431, 432, 441 to 444, 461, 463 to 476, 502 
to 518, 801 to 817.
    (D) Deleted without replacement Rule 53.1, and Regulation VI--
Orchard or Citrus Grove Heaters.
    (E) Rules 701, 702, 703, 704 (except those portions that pertain to 
the criteria levels for carbon monoxide and sulfur dioxide), 705, 706, 
707, 708, 709, 710, 711, 712, 713, 714, and 715.
    (F) Previously approved on September 8, 1978 and now deleted without 
replacement Rules 502 to 516, 518, and 801 to 817.
    (G) Previously approved on September 8, 1978 in paragraph 
(c)(39)(iii)(C) of this section and now deleted without replacement, 
Rules 42 and 105.
    (iv) Riverside County APCD (Southeast Desert portion).
    (A) Rule 430.
    (B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217 and 219.
    (C) New or amended Rules 103, 104, 208, 218, 301, 42, 401, 403 to 
405, 53, 56, 407 to 409, 431, 432, 441 to 444, 463 to 476, 73, 503 to 
518, 801 to 817.
    (D) Deleted without replacement Regulation V--Orchard, Field or 
Citrus Grove Heaters.
    (E) Rules 702, 703, 704 (except those portions that pertain to the 
criteria levels for carbon monoxide and sulfur dioxide), 705, 706, 707, 
708, 709, 710, 711, 712, 713, 714, and 715.
    (F) Previously approved on September 8, 1978 and now deleted without 
replacement Rules 503 to 516, 518, and 801 to 817.
    (G) Previously approved on September 8, 1978 in paragraph 
(c)(39)(iv)(C) of this section and now deleted without replacement, 
Rules 42 and 301.
    (H) Previously approved on November 9, 1978 in paragraph 
(c)(39)(iv)(B) of this section and now deleted without replacement for 
implementation in the Mojave Desert Air Quality Management District, 
Rules 210, 211, and 214 to 216.
    (I) Previously approved on September 8, 1978 in paragraph 
(c)(39)(iv)(C) of this section and now deleted without replacement for 
implementation in the Mojave Desert Air Quality Management District, 
Rule 517.
    (v) Yolo-Solano APCD.
    (A) Amended Rule 2.21.
    (vi) South Coast Air Quality Management District.
    (A) Amended Rule 461.
    (B) Amended Rule 431.
    (vii) Mariposa County APCD.
    (A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS), 
203 (with the exception of (D)), 206(B), 207, 208, 211, 215, 216, 301, 
302, 303, 304, 308, 319, 320, 321, 322, 324, 402, 404, 407, 507, 514, 
600, 603, and 610.
    (B) Previously approved and now deleted (without replacement) Rule 
203(k).
    (C) Previously approved on June 6, 1977 and now deleted without 
replacement Rules 600, 603, and 610.
    (D) Previously approved on August 16, 1978 in paragraph 
(c)(39)(vii)(A) of this section and now deleted without replacement, 
Rules 216 and 402.

[[Page 203]]

    (E) Previously approved on August 16, 1978 in paragraph 
(c)(39)(vii)(A) of this section and now deleted without replacement Rule 
514.
    (viii) Sierra County APCD.
    (A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS), 
203 (with the exception of (D) and (G)), 206(B), 207, 208, 211, 215, 
216, 301, 302, 303, 308, 319, 320, 321, 322, 324, 402, 404, 407, 409, 
507, 514, 516, 600 to 617.
    (B) Previously approved and now deleted (without replacement) Rules 
203(j) and 620.
    (C) Previously approved on September 14, 1978 and now deleted 
without replacement Rules 601 to 602, 604 to 609, and 611.
    (D) Previously approved and now deleted, Rule 102.
    (E) Previously approved on September 14, 1978 in paragraph 
(c)(39)(viii)(A) of this section and now deleted without replacement 
Rules 600, 612, 613, 614, 615, 616, and 617.
    (ix) Plumas County APCD.
    (A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS), 
203 (with the exception of (D) and (G)), 206(B), 207, 208, 211, 215, 
216, 301, 302, 303, 304, 307, 308, 319, 320, 321, 322, 324, 402, 404, 
407, 409, 507, 514, 602 to 605, 700, 703, and 710.
    (B) Previously approved on September 14, 1978 and now deleted 
without replacement Rules 602 to 605, 700, and 710.
    (C) Previously approved and now deleted, Rule 102.
    (x) Nevada County APCD.
    (A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS), 
103, 104, 203(e and i), 206(B), 207, 216, 304, 319, 320, 321, 402, 407, 
409, 507, 514, 700, 703(E and I), 704, 710 and 711(A).
    (B) Previously approved on September 14, 1978 and now deleted 
without replacement Rules 704, 710, and 711(A).
    (C) Previously approved and now deleted, Rule 102.
    (D) Previously approved on September 14, 1978 in paragraph 
(c)(39)(x)(A) of this section and now deleted without replacement, Rule 
402.
    (E) Previously approved on September 14, 1978 in paragraph 
(c)(39)(x)(A) of this section and now deleted without replacement Rule 
514.
    (40) [Reserved]
    (41) Revised regulations for the following APCD's submitted on 
October 13, 1977, by the Governor's designee.
    (i) Kings County APCD.
    (A) New or amended Rules 412 and 412.2.
    (ii) San Diego County Air Pollution Control District.
    (A) New or amended Rules 2(b), 2(t), 2(u), 2(v), 2(w), 3, 19.2, 40, 
42, 50, 52, 53, 54, 61.5, 64, 65, 66, 68, 71, 76, 77, 85, 95, 96, 
101(f), 102(d), 102(e), 103(d), 103(g), 104, 109, and 177.
    (1) Rule 65 is now removed without replacement as of March 14, 1989.
    (B) Previously approved and now deleted (without replacement) Rule 
113.
    (C) Regulation VIII, Rules 126-138 and Appendix A, except as these 
rules apply to the 12-hour carbon monoxide episode criteria specified in 
Rule 127.
    (D) Previously approved on August 31, 1978 and now deleted without 
replacement Rules 77, 85, and 96.
    (E) Previously approved on August 31, 1978 and now deleted without 
replacement Rule 3.
    (F) Previously approved on August 31, 1978 in paragraph 
(c)(41)(ii)(A) of this section and now deleted Rule 104 (now replaced by 
Rule 101).
    (iii) Bay Area APCD.
    (A) New or amended rules: Regulation 1, section 3121 and Regulation 
2, sections 3210.5 to 3210.11.
    (iv) Ventura County APCD.
    (A) New Rule 105.
    (v) Kern County APCD.
    (A) Rule 108.
    (vi) San Luis Obispo County APCD.
    (A) New Rule 113.
    (vii) Monterey Bay Unified APCD.
    (A) New Rules 215, 422.
    (viii) Amador County APCD.
    (A) New or amended Rules 102(C), 102(F), 102(AW), 103, 205(A)(1), 
207, 212, 216, 302(A), 304, 305(C), 313(A), 507, 602.1, 604, 605, 701, 
703(E) and 710.
    (ix) Calaveras County APCD.
    (A) New or amended Rules 102, 203 (with the exception of (D) and 
(G)), 206(B), 207, 208, 209, 211, 215, 216, 217, 301, 302, 303, 304, 
319, 320, 321, 322, 323, 324, 402, 404, 407, 507, 602 to 604, 700, 702, 
703, 710, and 715.
    (B) Previously approved and now deleted (without replacement) Rule 
203(J).

[[Page 204]]

    (C) Previously approved on November 7, 1978 and now deleted without 
replacement Rules 700, 702, 703, 710, 715.
    (D) Previously approved on November 7, 1978 in paragraph 
(c)(41)(ix)(A) of this section and now deleted without replacement, 
Rules 216, 324, 402, 602, 603, and 604.
    (x) Placer County APCD.
    (A) New or amended Rules 101, 102, 103, 104, 203 (with the exception 
of (G)), 206, 207, 208, 210, 211, 213, 214, 301 to 311, 313 to 322, 401, 
402, 404, 407, 408, 409, 507, 603 to 605, 702 to 704, 706, 708, 709, 
710, 715, 801 to 804.
    (B) Previously approved on November 15, 1978 and now deleted without 
replacement Rules 703, 704, 708 to 710, and 715 (Mountain Counties Air 
Basin).
    (C) Previously approved on November 15, 1978 and now deleted without 
replacement Rules 603 to 605, 702 to 704, 706, 708 to 710, and 715 (Lake 
Tahoe Air Basin).
    (D) Previously approved on November 15, 1978 in paragraph 
(c)(41)(x)(A) of this section and now deleted without replacement, Rule 
402.
    (E) Previously approved on November 15, 1978 in paragraph 
(c)(41)(x)(A) of this section and now deleted without replacement, Rules 
801 to 804 (Lake Tahoe Air Basin).
    (F) Previously approved on November 15, 1978 in paragraph 
(c)(41)(x)(A) of this section and now deleted without replacement, Rules 
801, 802, 803 (paragraphs B and C), and 804 (Mountain Counties Air 
Basin).
    (G) Previously approved on November 15, 1978 in paragraph 
(c)(41)(x)(A) of this section and now deleted without replacement, Rules 
603, 604, 605, and 801 to 804 (Sacramento Valley Air Basin).
    (H) Previously approved on November 15, 1978 in paragraph 
(c)(41)(x)(A) of this section and now deleted without replacement Rule 
706 (Mountain Counties Air Basin).
    (I) Previously approved on November 15, 1978 in paragraph 
(c)(41)(x)(A) of this section and now deleted without replacement Rules 
702 to 704, 706, 708 to 710, and 715 (Sacramento Valley Air Basin).
    (xi) Tulare County APCD.
    (A) New or amended Rules 108 and 412.1
    (xii) Shasta County APCD.
    (A) New or amended Rules 1:2 (with the exception of the definition 
of ``person''); 2:6(1)(a), (1)(b), (i-ii), (1)(b)(iii), (a, b, and d), 
(1)(b), (iv-vii), (1)(c), (i-vi and viii), (1) (d and e), (2) (a-d and 
f), (3) (a-c and e-g), (4) (a-c and e-i), (5) (b-d); 2:7, 2:8; 3:2 
(except part VI and VII of table II, and explanatory notes 6 and 7); 
3:4, 4:1, 4:5, 4:6, 4:14, and 4:19.
    (B) Previously approved on November 14, 1978 and now deleted without 
replacement Rules 4.5 and 4.6.
    (xiii) Madera County APCD.
    (A) Amended Rule 412.1.
    (xiv) South Coast Air Quality Management District.
    (A) New or amended Rules 101 and 102 (except for the definition of 
``agricultural burning'').
    (xv) Northern Sonoma County APCD.
    (A) New or amended Rules 420(e) and (f), and 455(a) and (d).
    (42) Revised regulations for the following APCD's submitted on 
November 4, 1977 by the Governor's designee.
    (i) Imperial County APCD.
    (A) New or amended Rules 100 to 110, 113 to 115, 301 to 303, 305, 
401, 403 to 406, 408, 409, 411 to 416, 419 to 422, 501 to 516, and 701 
to 706.
    (B) Previously approved and now deleted (without replacement), Rules 
106B, 113, 126, 131 and 147.
    (C) Rules 601, 602 (except those portions that pertain to the 
criteria levels for carbon monoxide and sulfur dioxide), 603, 604, 605, 
606, 607, 608, 609, 610, 611, 612, 613, and 614.
    (D) New Rule 417 (A-H, and J).
    (E) Previously approved on August 11, 1978 and now deleted without 
replacement Rules 501 to 512 and 514 to 516.
    (F) Previously approved on August 11, 1978 in paragraph 
(c)(42)(i)(A) of this section and now deleted without replacement, Rules 
104, 106, and 303.
    (ii) Sacramento County APCD.
    (A) Rules 3, 7(a) to 7(b)(2), 7b(4) to 7(d), 9, 11, 12, 13, 14, 15, 
21, 22a, 23, 24, 25, 26, 94, 95, 96, 97, and 98.
    (B) Rules 120, 121, 122, 125, and 126, except those portions that 
pertain to the 12-hour CO criteria level.
    (iii) Kings County APCD.
    (A) New or amended Rules 102, 103, 103.1, 104, 105, 108, 108.1, 110, 
111, 112, 113, 401, 402(a) to 402(d), 402(f), 402(g), 404,

[[Page 205]]

404.1, 405, 405.1, 405.2, 405.3, 406, 407.1, 409, 410, 416.1, 417, 
417.1, 418, 421, and 501.
    (B) Previously approved and now deleted, Rule 405.1.
    (C) Previously approved on August 4, 1978 and now deleted without 
replacement Rules 105 and 501.
    (D) Previously approved on August 4, 1978 in paragraph 
(c)(42)(iii)(A) of this section and now deleted without replacement, 
Rules 104 and 110.
    (iv) Stanislaus County APCD.
    (A) New or amended Rules 103.1, 108, 411.1.
    (v) Merced County APCD.
    (A) Amended Rules 411(b) and 411.1.
    (vi) Kern County APCD.
    (A) Rule 412.1.
    (vii) San Luis Obispo County APCD.
    (A) New or amended Rules 105(A)(1), 407, 501(A)(7), 502(A)(3).
    (viii) Glenn County APCD.
    (A) New or amended Rules 82, 152, and 154.
    (B) Previously approved on September 14, 1978 in paragraph 
(c)(42)(viii)(A) of this section and now deleted without replacement, 
Rules 152 and 154.
    (ix) Great Basin Unified APCD.
    (A) New or amended Rules 300, 423, and 617.
    (B) Previously approved and now deleted (without replacement) Rules 
411 and 418.
    (x) El Dorado County APCD.
    (A) New or amended Rules 102, 201, 203 [with the exception of (G)], 
206(B), 207, 208, 215, 216, 217, 217-49 to 217-50, 217-51(A to D), 217-
53 to 217-56, 217-1 to 217-3, 302, 303, 304, 307, 308, 319, 320, 321, 
322, 324, 402, 407, 409, 507, 700, 703 and 710.
    (B) Previously approved on November 6, 1978 in paragraph 
(c)(42)(x)(A) of this section and now deleted Rule 102.
    (C) Previously approved on November 6, 1978 in paragraph 
(c)(42)(x)(A) of this section and now deleted without replacement, Rules 
216, 324, and 402.
    (D) Previously approved on November 6, 1978 in paragraph 
(c)(42)(x)(A) of this section and now deleted without replacement Rules 
700, 703, and 710.
    (xi) Fresno County APCD.
    (A) New or amended Rules 411.1 and 416.1(g).
    (xii) San Joaquin County APCD.
    (A) New or amended Rules 108 and 411.2.
    (xiii) San Bernardino County Desert APCD.
    (A) New or amended Rules 101, 102, 103, 105, 404, 405, 406(a), 444, 
461, 462, 463, 471, 474, 501, 502 and 509.
    (B) Previously approved and now deleted without replacement Rules 44 
and 53.1.
    (C) Rules 701, 702, 712, and 715.
    (D) Previously approved on December 21, 1978 and now deleted without 
replacement Rules 501, 502, and 509.
    (xiv) Riverside County APCD.
    (A) New or amended Rules 101, 102, 105, 461, and 501.
    (B) Rule 701.
    (C) Previously approved on December 21, 1978 and now deleted without 
replacement Rule 501.
    (D) Previously approved on December 21, 1978 in paragraph 
(c)(42)(xiv)(A) of this section and now deleted without replacement, 
Rule 105 (Mojave Desert AQMD only).
    (xv) Del Norte County APCD.
    (A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and 
(d), and Appendix D to regulation 1.
    (xvi) South Coast Air Quality Management District.
    (A) New or amended Rules 218, 463, and 466.
    (B) Rules 702 (map only) and 708.2.
    (C) Rules 714 and 715.1 (except those portions that pertain to 
sulfate, oxidant in combination with sulfate, and oxidant in combination 
with sulfur dioxide).
    (xvii) Humboldt County APCD.
    (A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and 
(d), and Appendix D to Regulation 1.
    (xviii) Santa Barbara County APCD.
    (A) New Rule 39.3.
    (xix) Mendocino County APCD.
    (A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and 
(d), and Appendix D to Regulation 1.
    (xx) Trinity County APCD.
    (A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and 
(d), and Appendix D to Regulation 1.
    (xxi) Northern Sonoma County APCD.
    (A) New or amended Rules 240(e), 310, and Appendix D to Regulation 
1.
    (xxii) Monterey Bay Unified APCD.

[[Page 206]]

    (A) Regulation VII, Rules 700-713.
    (43) [Reserved]
    (44) Revised regulations for the following APCD's submitted on June 
22, 1978, by the Governor's designee.
    (i) Great Basin Unified APCD.
    (A) Amended Rule 419.
    (ii) Santa Barbara County APCD.
    (A) New Rule 24.15.
    (iii) Ventura County APCD.
    (A) New or amended Rules 2, 7, and 56 (with the exception of 
Sections B(2)(c) and C).
    (iv) Yolo-Solano APCD.
    (A) Amended Rules 1.2 (preamble), 1.4, 2.8(c)(2), 2.13(h)(4), 2.15, 
2.17, 2.20, 4.4(b), 5.1, 5.4(e)(1), 5.10, 5.11, and 6.7(f).
    (B) Previously approved and now deleted (without replacement) Rule 
2.8(b)(4).
    (C) Previously approved on January 29, 1979 and now deleted without 
replacement Rules 5.1, 5.10 and 5.11.
    (D) Previously approved on January 29, 1979 in paragraph 
(c)(44)(iv)(A) of this section and now deleted without replacement, Rule 
1.4.
    (v) South Coast Air Quality Management District.
    (A) Rules 102, 501.1, and 503.
    (B) Previously approved on March 28, 1979, and now deleted without 
replacement Rule 503.
    (vi) San Diego County APCD.
    (A) New or amended Rules 66, 67.0, and 67.1.
    (45) Revised regulations for the following APCD's submitted on July 
13, 1978 by the Governor's designee.
    (i) Bay Area APCD.
    (A) New or amended Regulation 2, Division 3, sections 3210.11(B), 
3211.2; Regulation 3, Division 3, Sec. 3102.1; Regulation 9.
    (ii) South Coast AQMD.
    (A) Rules 302, 461, 465, 1102, and 1113.
    (iii) San Diego County APCD.
    (A) New or amended Rules 42, 76, and 97.
    (B) Previously approved on July 30, 1979 and now deleted without 
replacement Rules 76 and 97.
    (46) The following Administrative Chapters of the California SIP, 
submitted on December 29, 1978, by the Governor's designee.
    (i) Chapter 2--Statewide Perspective.
    (ii) Chapter 20--Compliance.
    (iii) Chapter 23--Source Surveillance.
    (iv) Chapter 24--Resources.
    (v) Chapter 25--Intergovernmental Relations.
    (47) Revised regulations for the following APCD's submitted on 
January 2, 1979 by the Governor's designee.
    (i) South Coast AQMD.
    (A) New or amended Rules 301, 303, 708.3, 1201-1206, 1209-1211, 
1214, 1217, 1220-1221, 1223-1224 and 1231.
    (B) New or amended Rules 462, 481, and 1104.
    (C) Previously approved on May 9, 1980 and now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District Rules 1201-1205, 1209-1211, 1214, 1217, 1220-1221, and 
1223-1224.
    (D) Previously approved on May 9, 1980 and now deleted without 
replacement for implementation in the South Coast Air Quality Management 
District, Rule 1231. (JR)
    (E) Previously approved on May 9, 1980 in paragraph (c)(47)(i)(A) of 
this section and now deleted without replacement for implementation in 
the Antelope Valley Air Pollution Control District Rule 1231.
    (F) Previously approved on May 9, 1980 in paragraph (c)(47)(i)(A) of 
this section and now deleted without replacement for implementation in 
the Mojave Desert Air Quality Management District (Riverside County), 
Rules 1201 to 1205, 1209 to 1211, 1214, 1217, 1220, 1221, 1223, and 
1224.
    (G) Previously approved on May 9, 1980 in paragraph (c)(47)(i)(A) of 
this section and now deleted without replacement for implementation in 
the South Coast Air Quality Management District, Rules 1201 to 1205, 
1209 to 1211, 1214, 1217, 1220, 1221, 1223, and 1224.
    (ii) Fresno County APCD.
    (A) New or amended Rules 110, 416.1, and 519.
    (B) New or amended Rule 409.1.
    (iii) Kern County APCD.
    (A) New or amended Rules 111, 301, and 519.
    (B) Rule 412.
    (iv) Lake County APCD.
    (A) New or amended Rules 435, and 436, and Tables V and VI.
    (v) Monterey Bay Unified APCD.
    (A) Amended Rule 301.
    (vi) Siskiyou County APCD.
    (A) Amended Rule 4.3.

[[Page 207]]

    (vii) San Luis Obispo County APCD.
    (A) Rule 407.
    (B) New or amended Rule 201.
    (48) Chapter 3--Legal Authority of the California SIP, submitted on 
March 16, 1979, by the Governor's designee.
    (49) Addendum to Chapter 23 of the California SIP submitted on March 
29, 1979, by the Governor's designee.
    (50) Revised regulations for the following APCD's submitted on May 
7, 1979, by the Governor's designee.
    (i) Del Norte County APCD.
    (A) New or amended Rules 240, 410 (a) and (c), and 615.
    (B) Previously approved on October 31, 1980 and now deleted without 
replacement Rule 615.
    (ii) Humboldt County APCD.
    (A) New or amended Rules 240, 410 (a) and (c), 615.
    (B) Previously approved on October 31, 1980 and now deleted without 
replacement Rule 615.
    (iii) Mendocino County APCD.
    (A) New or amended Rules 240, 410, and 615.
    (B) Previously approved on October 31, 1980 and now deleted without 
replacement Rule 615.
    (iv) Trinity County APCD.
    (A) New or amended Rules 240, 410 (a) and (c), and 615.
    (B) Previously approved on October 31, 1980 and now deleted without 
replacement Rule 615.
    (v) Northern Sonoma County APCD.
    (A) New or amended Rules 240, 300, 310, 320, 410 (a) and (c), 420, 
540, 615.
    (B) Previously approved on October 31, 1980 and now deleted without 
replacement Rules 320 and 615.
    (vi) Merced County APCD.
    (A) New or amended Rule 409.1.
    (B) New or amended Rule 519.
    (vii) Modoc County APCD.
    (A) New or amended Rules 1:2 w, 2:11, 2:15, 3:3 and 3:4.
    (viii) Monterey Bay Unified APCD.
    (A) Rules 403 and 602.
    (ix) Ventura County APCD.
    (A) New or amended Rules 71 and 71.3.
    (B) New or amended Rule 11.
    (x) San Diego County APCD.
    (A) New or amended Rule 10(h) and deletion of Rule 43.
    (51) Revised regulations for the following APCD's submitted May 23, 
1979, by the Governor's designee.
    (i) Kern County APCD.
    (A) Amended Rules 305 and 503.
    (B) Rules 410.1 and 424.
    (C) Previously approved on August 11, 1980 and now deleted without 
replacement Rule 503 (including Southeast Desert).
    (ii) Monterey Bay Unified APCD.
    (A) Rule 417.
    (B) Rule 617.
    (iii) Del Norte County APCD.
    (A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation 
1/Appendix D.
    (B) Previously approved on October 31, 1980 and now deleted without 
replacement Rule 320.
    (iv) Humboldt County APCD.
    (A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation 
1/Appendix D.
    (B) Previously approved on October 31, 1980 and now deleted without 
replacement Rule 320.
    (v) Mendocino County APCD.
    (A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation 
1/Appendix D.
    (B) Previously approved on October 31, 1980 and now deleted without 
replacement Rule 320.
    (vi) Trinity County APCD.
    (A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation 
1/Appendix D.
    (B) Previously approved on October 31, 1980 and now deleted without 
replacement Rule 320.
    (vii) San Diego County APCD.
    (A) Amended Rules 2(t), 61.5, and 61.7.
    (B) New or amended Rules 19.2(d)(4), 50, 62(a), 66(P) and (W), 95, 
and 98.
    (C) New or amended Rule 11.
    (D) Previously approved on September 28, 1981 and now deleted 
without replacement Rules 95 and 98.
    (viii) San Joaquin County APCD.
    (A) New or amended Rule 409.1.
    (B) New or amended Rules 110 (a), (b), and (d)-(i), 301, 303-311, 
and 511.
    (C) New or amended Rules 102, 108.2, 110(c), 302, 401, and 521.
    (D) Previously approved on December 9, 1981 and now deleted without 
replacement Rules 301, 303 to 311, and 511.
    (E) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 302.
    (ix) Stanislaus County APCD.

[[Page 208]]

    (A) New or amended Rule 409.1.
    (B) New or amended Rule 110 (A), (B) and (D)-(I).
    (C) New or amended Rules 110(c) and 519.
    (D) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 519.
    (x) Tulare County APCD.
    (A) New or amended Rules 410.1 and 413.
    (B) New or amended Rules 111 (a), (b), and (d)-(i), 402, and 417.
    (C) New or amended Rules 108, 111(c), 201, 410 and 519.
    (xi) Lake County APCD.
    (A) New Rules 227.1, 254.1, and 660.
    (B) Previously approved on January 27, 1981 in paragraph 
(c)(51)(xi)(A) of this section and now deleted without replacement, Rule 
660.
    (xii) San Bernardino County Desert APCD.
    (A) New Rules 480 and 501.1.
    (B) New or amended Rules 442, 463, and 1113.
    (C) Previously approved on January 27, 1981 and now deleted without 
replacement Rule 501.1.
    (xiii) Santa Barbara County APCD.
    (A) New or amended Rules 101, 102, 103, 104, 201(A, B, D, E, F, and 
G), 202, 203, 204, 205(A and B), 206, 207, 208, 209, 210, 211, 301, 302, 
304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 317, 319, 322, 
324, 328, 401, 402, 403, 501, 502, 503, 504, 505, 505-A, 506, 507, 508, 
509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 601, 602, 603, 
604, 605, 606, 607, 608, 609, and 610.
    (B) Previously approved on May 18, 1981 and now deleted without 
replacement Rules 210 to 211, 501 to 504, 506 to 512, 514 to 516, and 
518.
    (C) Previously approved on May 18, 1981 in paragraph 
(c)(51)(xiii)(A) of this section and now deleted without replacement, 
Rule 402.
    (D) Previously approved on May 18, 1981 in paragraph 
(c)(51)(xiii)(A) of this section and now deleted without replacement 
Rules 204, 207, 208, 209, 513, 517, and 519.
    (xiv) El Dorado County APCD--Lake Tahoe Air Basin Portion.
    (A) New or amended Rules 101, 102 (except LAER, stationary source, 
modification definitions), 103, 104, 201-203, 206A-212, 217, 301-305, 
307-310, 312-321, 404, 702-704, 706-710, and 801-804. Deleted Rules 
59(g)(1), 102I, 102S, 102BB, 102FF, 102GG, 102LL, 102RR, 208, 214, 601, 
602, and 700.
    (B) Amended Rule 306.
    (C) New or amended Rules 102, LAER, stationary source, and 
modifications; 213; and 214.
    (D) Previously approved on May 18, 1981 in paragraph (c)(51)(xiv)(A) 
of this section and now deleted without replacement, Rules 801 to 804.
    (E) Previously approved on May 18, 1981 in paragraph (c)(51)(xiv)(A) 
of this section and now deleted without replacement Rules 702 to 704 and 
707 to 710.
    (xv) Placer County APCD--Mountain Counties Air Basin Portion.
    (A) New or amended Rules 404, 602, and 603.
    (B) Deletion of Rules 604 and 605.
    (C) Previously approved on May 18, 1981 and now deleted without 
replacement Rules 404, 602, and 603.
    (xvi) Sacramento County APCD.
    (A) Amended Rule 71.
    (B) Previously approved on January 26, 1982 and now deleted without 
replacement Rule 71.
    (xvii) Shasta County APCD.
    (A) Amended Rule 3.4.
    (xviii) Sierra County APCD. (A) New or amended Rules 207, 210, 211, 
218 and 618.
    (B) Previously approved on January 25, 1982 in paragraph 
(c)(51)(xviii)(A) of this section and now deleted without replacement, 
Rule 618.
    (xix) Tehama County APCD.
    (A) Amended Rule 2.1 and previously approved and now deleted Rule 
2.9 (Action on Applications).
    (xx) Ventura County APCD.
    (A) New or amended Rules 6, 8, 9, 13, 24, 40, 63, 75, 102, 103, 110, 
111, 112, 113, 114, 120, 121, 123, 124, 125, 126, 127, and 130.
    (B) Previously approved on June 18, 1982 and now deleted without 
replacement Rules 40, 110 to 114, 120 to 121, 123 to 126, and 130.
    (C) Previously approved on June 18, 1982 in paragraph (c)(51)(xx)(A) 
of this section and now deleted without replacement, Rule 9.
    (D) Previously approved on June 18, 1982 in paragraph (c)(51)(xx)(A) 
of this section and now deleted without replacement Rules 8 and 127.

[[Page 209]]

    (52) Revised regulations for the following APCD's submitted October 
15, 1979, by the Governor's designee.
    (i) Kern County APCD.
    (A) Amended Rule 302
    (B) Rules 410.4, 410.5, and 414.2.
    (C) Previously approved on August 21, 1981 and now deleted without 
replacement for implementation in the Southeast Desert Air Basin, Rule 
414.2.
    (D) Previously approved on August 21, 1981 in paragraph 
(c)(52)(i)(A) of this section and now deleted without replacement within 
the San Joaquin Valley Unified Air Pollution Control District area, Rule 
414.2.
    (ii) Imperial County APCD.
    (A) Rules 415.1 and 424.
    (B) New or amended Rules 101 L, 110, 201B, 301, 302, 304, 306, 401, 
404, 406, 408, 410, 417 I, 418, 419, 422, Regulation VI, 701, 702, 703 
(deletion), 705, and 706.
    (C) Previously approved on January 27, 1981 in paragraph 
(c)(52)(ii)(B) of this section and now deleted without replacement, 
Rules 304 and 706.
    (iii) [Reserved]
    (iv) Kings County APCD.
    (A) New or amended Rules 210.1 (except paragraphs (3)(D) and 
(5)(B)(8)), 210.2, 410.1, 410.2, 410.3, 410.5, 412.1, 413, 414.1, and 
414.2.
    (B) New or amended Rules 111 (A), (B), and (D)-(I), 301, 302, and 
401.
    (C) New or amended Rules 111(c), and 519.
    (D) Previously approved on October 9, 1981 and now deleted without 
replacement Rule 302.
    (E) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 519.
    (F) Previously approved on December 9, 1981 in paragraph 
(c)(52)(iv)(B) of this section and now deleted without replacement, Rule 
301.
    (G) Previously approved on May 7, 1982 in paragraph (c)(52)(iv)(A) 
of this section and now deleted without replacement: Rule 414.2.
    (v) Madera County APCD.
    (A) New or amended Rules 210.2, 410.1, 410.3, 410.5, 411, and 412.
    (B) New or amended Rules 102, 103, 103.1, 104, 105, 108, 108.1, 110, 
115, 210.3, 301, 305, 402(a)-(e), 409, 410, 416, 417, 418, 501, 504, 
511, 601, 602, 603, 606-611, and 612.
    (C) New or amended Rules 111(c) 402(f) and 519.
    (vi) Merced County APCD.
    (A) New or amended Rules 210.1 (except paragraphs (3)(D) and 
(5)(B)(8)), 210.2, 409.5, and 411.
    (B) New or amended Rules 109 (A), (B), and (D)-(I).
    (C) New or amended Rule 109(c).
    (D) Previously approved on May 7, 1982 in paragraph (c)(52)(vii)(A) 
of this section and now deleted without replacement: Rules 413.2 and 
413.3.
    (vii) San Joaquin County APCD.
    (A) New or amended Rules 209.1 (except paragraphs (B)(3) and 
(D)(2)(b)), 209.2, 409.3, 410, 411.1, 413, 413.1, 413.2, and 413.3.
    (B) New or amended Rule 209.3.
    (C) New or amended Rule 209.4.
    (viii) Stanislaus County APCD.
    (A) New or amended Rules 209.2 and 411.
    (ix) Tulare County APCD.
    (A) New or amended Rules 210.1 (except paragraphs (C)(4) and 
(e)(2)(H)), 210.2 and 410.5.
    (B) New or amended Rules 301 and 302.
    (C) Previously approved on December 9, 1981 and now deleted without 
replacement Rules 301 and 302.
    (x) Lake County APCD.
    (A) Amended Rule 433.
    (xi) Amador County APCD.
    (A) New or amended Rules 102, 103, 107, 203, 206B, 207, 209-211, 
213, 215, 216, 301-313, 315-324, 401, 402, 404, 407, 409, Regulation VI, 
700-704, 710, and 711.
    (B) Previously approved on May 18, 1981 and now deleted without 
replacement Rules 605, 700 to 704, and 710 to 711.
    (C) Previously approved on May 18, 1981 in paragraph (c)(52)(xi)(A) 
of this section and now deleted without replacement, Rules 103, 402, and 
601 to 604.
    (xii) Nevada County APCD.
    (A) New or amended Rules 207, 210, 211, 218, 306, 307, and 404.
    (B) Previously approved on May 18, 1981 and now deleted without 
replacement Rule 404.
    (xiii) Placer County APCD--Mountain Counties Air Basin Portion.
    (A) New or amended Rules 101, 102, 104, 201, 202, 207, 210, 211, 
220-222, 301-310, and 312-323.

[[Page 210]]

    (B) New or amended Rules 215 and 219.
    (C) Rule 508 (except paragraph (c)(3)(h)).
    (D) New or amended Rules 501B, 502, 504, 506, 512, and 513.
    (E) Previously approved and now deleted, Rule 104.
    (F) Previously approved on May 18, 1981 in paragraph 
(c)(52)(xiii)(D) of this section and now deleted without replacement 
Rules 504, 506, 512, and 513.
    (xiv) Tuolumne County APCD.
    (A) New or amended Rules 207, 210, 218, and 404.
    (xv) Fresno County APCD.
    (A) New or amended Rules 210.1 [except paragraphs (3)(D) and 
(5)(B)(8)], 210.2, 409.5, 409, 409.3, 409.4, and 411.
    (B) New or amended Rules 301, 302, and 305.
    (C) Previously approved on December 9, 1981 and now deleted without 
replacement Rule 305.
    (D) Previously approved on December 9, 1981 in paragraph 
(c)(52)(xv)(B) of this section and now deleted without replacement, Rule 
302.
    (xvi) Yuba County APCD.
    (A) New or amended Rules 1, Section 1 (except Silviculture 
Deletion), 1.1 (except PPM), 2.0-2.2, 2.4 except (a), 2.5-2.12, 2.15-
2.20, 2.22-2.24, 2.27, 2.30, Section 5 (Deletion), 5.0-5.3, 5.5-5.19, 
6.1-6.7, 7, 7.1 and 8.1.
    (B) New or amended Rules 2.3 and 2.4(a).
    (C) Previously approved on January 26, 1982 in paragraph 
(c)(52)(xvi)(A) of this section and now deleted without replacement, 
Rules 7.0, 7.1, and 8.1.
    (D) Previously approved on January 26, 1982 in paragraph 
(c)(52)(xvi)(A) of this section and now deleted without replacement 
Rules 5.0 to 5.3, 5.5 to 5.19, and 6.1 to 6.7.
    (xvii) San Diego County APCD.
    (A) New or amended Rule 67.7 and 67.2.
    (xviii) Shasta County APCD.
    (A) New or amended Rules 1.1, 1.2, 2.11, 2.12, and 3.2 (except rows 
(vi) and (vii)).
    (B) Amended Rule 2:5.
    (xix) Yolo--Solano APCD.
    (A) New or amended Rules 4.1-4.3.
    (B) New or amended Rules 301, 302, and 305.
    (C) Previously approved on January 26, 1982 and now deleted without 
replacement Rule 4.3.
    (xx) Sacramento County APCD.
    (A) New or amended Rule 1.
    (xxi) Siskiyou County APCD.
    (A) New or amended Rules 2.14-2.16.
    (53) Revisions to air pollution emergency episode plans submitted on 
February 14, 1980 by the Governor's designee.
    (i) Bay Area Air Quality Management District Rules 100, 101, 300, 
301, 302, 303, 304, 305, 400, 401, 402, 403, and 404.
    (54) Revised regulations for the following APCD's submitted on 
February 25, 1980, by the Governor's designee.
    (i) Ventura County APCD.
    (A) Rules 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, and 
162.
    (B) New or amended Rule 71.1.
    (C) New or amended Rules 56, 80, 81, and deletion of Rules 17, 151, 
163, and 164.
    (ii) Monterey Bay Unified APCD.
    (A) Rule 422 and deletion of Rule 508.
    (B) Amended Rule 416.
    (iii) San Luis Obispo County APCD.
    (A) Rules 301, 302, 303, and 304.
    (B) Previously approved on May 18, 1981 and now deleted without 
replacement Rules 303 and 304.
    (iv) Yolo--Solano APCD.
    (A) Amended Rule 5.4.
    (B) New or amended Rules 2.21, 2.21.1, 2.24 and 2.25.
    (C) New or amended Rule 3.13.
    (D) Previously approved on January 26, 1982 and now deleted without 
replacement Rule 5.4.
    (v) Sacramento County APCD.
    (A) New or amended Rule 17.
    (B) [Reserved]
    (C) New or amended Rules 3.13, 3.4.1, and 3.4.2.
    (vi) Sutter County APCD.
    (A) New or amended Rules 1.4, 2.8.1 (Deletion), 2.17, and 2.82.
    (B) Previously approved on January 26, 1982 in paragraph 
(c)(54)(vi)(A) of this section and now deleted without replacement, Rule 
1.4.
    (vii) Yuba County APCD.
    (A) Amended Rule 2.26.
    (viii) Butte County APCD.
    (A) New Rule 2-12.e.
    (B) Amended Rules 4.5A and 4.5B.

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    (C) Previously approved on May 27, 1982 in paragraph (viii)(B) of 
this section and now deleted Rules 4.5A and 4.5B.
    (ix) Tehama County APCD.
    (A) Amended Rules 2.5A and 2.5B.
    (x) Colusa County APCD.
    (A) New or amended Rules 2.7 A and B.
    (xi) Glenn County APCD.
    (A) New or amended Rules 51.1 and 51.2.
    (xii) Shasta County APCD.
    (A) New or amended Rules 1:2 (Best Available Control Technology, 
Stationary Source and Precursor) and 2:1 A.
    (55) The following material for Imperial County was submitted on 
October 11, 1979 by the Governor's designee.
    (i) Summary of Plan Compliance with Clean Air Act Requirements.
    (ii) Imperial County plan to attain National Ambient Air Quality 
Standards for oxidants, October 31, 1978.
    (iii) SIP Revision--Imperial County ARB Staff Report, No. 79-4-2.
    (iv) ARB resolution 79-9, February 21, 1979.
    (v) Copies of Board hearing testimony.
    (56) Revised regulations for the following APCDs submitted on March 
17, 1980, by the Governor's designee.
    (i) Imperial County APCD.
    (A) Rules 207 [except Subparagraph C.4.], 208, and 209.
    (ii) Ventura County APCD.
    (A) Amended Rule 26.3.
    (B) New or amended Rules 10, 25, and 27.
    (C) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 25.
    (D) Previously approved on June 18, 1982 in paragraph (c)(56)(ii)(B) 
of this section and now deleted without replacement Rule 27.
    (57) The North Central Coast Air Basin Strategy (Chapter 10 of the 
comprehensive revisions to the State of California Implementation Plan 
for the Attainment and Maintenance of Ambient Air Quality Standards) 
submitted on September 12, 1979 by the Governor's designee.
    (58) Revised regulations for the following APCDs submitted on 
December 17, 1979 by the Governor's designee.
    (i) Monterey Bay Unified APCD.
    (A) Rules 418, 425 and 426.
    (B) New or amended Rules 300, 405, and 601.
    (ii) South Coast AQMD.
    (A) New or amended Rules 1107, 1108, 1108.1 and 1128.
    (B) New or amended Rules 404, 442, 501.1, 502, 504.1(b), (c), and 
(d), and 1124.
    (C) Previously approved on September 28, 1981 and now deleted 
without replacement Rule 501.1.
    (iii) Great Basin Unified APCD.
    (A) New or amended Rules 205, 210, 300A, and G, 403, 408, 419, and 
617.
    (B) New or amended Rules 203, 209-A and B, 212, and 213.
    (C) Previously approved on June 18, 1982 in paragraph 
(c)(51)(iii)(B) of this section and now deleted without replacement Rule 
203.
    (iv) Ventura County APCD.
    (A) New or amended Rule 74.3.
    (v) Butte County APCD.
    (A) New or amended Rules 2.12a, 2.12b, 2.12c, and 2.12d.
    (vi) Shasta County APCD.
    (A) New or amended Rules 1.2, 3.14, and 3.15.
    (vii) Yolo--Solano APCD.
    (A) Amended Rules 2.8 and 6.6.
    (viii) San Luis Obispo County APCD.
    (A) New or amended Rule 407.
    (ix) Modoc County APCD.
    (A) New or amended Rule 2:8-e.
    (59) Revised regulations for the following APCD submitted on March 
4, 1980 by the Governor's designee.
    (i) Monterey Bay Unified APCD.
    (A) Rules 207 (except B.4.) and 208.
    (B) New or amended Rules 205, 211, 212, 213, and 214.
    (60) Chapter 4, California Air Quality Control Strategies, of the 
California SIP, submitted on May 23, 1979, by the Governor's designee.
    (61) Redesignation of AQCR's in California, submitted on September 
11, 1978, by the Governor's designee.
    (62) The San Diego Air Basin Control Strategy (Chapter 14 of the 
Comprehensive Revisions to the State of California Implementation Plan 
for the Attainment and Maintenance of Ambient Air Quality Standards) 
submitted on July 5, 1979, by the Governor's designee, except the 
inspection/maintenance portion. Additional documents were also submitted 
as appendices.

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Those portions of the San Diego Air Basin Control Strategy, including 
Appendices, identified by Table 14-1, ``Location of Plan Elements Which 
Meet Clean Air Act Requirements'' (pages 6-7), comprise the submitted 
nonattainment area plan, except the inspection/maintenance portion. The 
remaining portions are for informational purposes only.
    (63) The following portions of the California Environmental Quality 
Act submitted on October 20, 1980, by the Governor's designee: Sections 
21000; 21001; 21002; 21002.1; 21061; 21063; 21065; 21080.1; 21080.4; 
21080.5 (a), (b), (c) and (d); 21081; 21082; 21100; 21104; 21151; 21153; 
21160.
    (64) Revised regulations for the following APCD submitted on 
February 13, 1980, by the Governor's designee.
    (i) San Diego County APCD.
    (A) Rules 20.1, 20.2, 20.3, 20.4, 20.5 and 20.6.
    (65) The following amendments to the South Coast Air Basin Control 
Plan were submitted on July 25, 1979, by the Governor's designee.
    (i) The South Coast Air Basin Control Strategy (Chapter 18 of the 
Comprehensive Revision to the State of California Implementation Plan 
for the Attainment and Maintenance of Ambient Air Quality Standards). 
Those portions of the South Coast Air Basin Control Strategy identified 
by Table 18-1, ``Location of Plan Elements Which Meet Clean Air Act 
Requirements,'' together with Rules 1115 and 1126, comprise the 
submitted nonattainment area plan control strategy. The remaining 
portions are for informational purposes only.
    (ii) New or amended Rules 218, 431, 431.1-431.3, 1120, 1206-1208, 
1212, 1213, 1215, 1216, 1218, 1219, 1222, and 1225-1230.
    (iii) Previously approved on September 28, 1981 and now deleted 
without replacement for implementation in the Antelope Valley Air 
Pollution Control District Rules 1206, 1208, 1212, 1213, 1215, 1216, 
1218, 1219, 1222, and 1225-1230.
    (iv) Previously approved on September 28, 1981 in paragraph 
(c)(65)(ii) of this section and now deleted without replacement Rules 
1206, 1208, 1212, 1213, 1215, 1216, 1218, 1219, 1222, and 1225 to 1230.
    (v) Previously approved on September 28, 1981 in paragraph 
(c)(65)(ii) of this section and now deleted without replacement for 
implementation in the Mojave Desert Air Quality Management District 
(Riverside County), Rules 1206, 1208, 1212, 1213, 1215, 1216, 1218, 
1219, 1222, and 1225 to 1230.
    (66) Revised regulations for the following APCD's, submitted on 
February 7, 1980, by the Governor's designee.
    (i) South Coast AQMD.
    (A) New or amended Rule 461.
    (B) Amended Rule 466.
    (ii) Bay Area AQMD.
    (A) Regulation 8: Rule 1, 2 (except paragraph 301), 4, 7, 8, 9, 10, 
11, 13, 14, 15, 16, 18 and 19.
    (67) Revised regulations for the following APCD's, submitted on 
April 2, 1980, by the Governor's designee.
    (i) South Coast AQMD.
    (A) New or amended Rule 1122.
    (B) New or amended Rules 107, 709(c), 1111, 1121 and 1140.
    (ii) Bay Area AQMD.
    (A) New or amended Regulation 9, Rules 9-4-100, 9-4-101, 9-4-200 to 
9-4-203, 9-4-300, 9-4-301, 9-4-303, and 9-4-400 to 9-4-404.
    (iii) Kern County APCD.
    (A) New or amended Rules 412.1(b)-(f).
    (B) New Rule 411.1.
    (C) Previously approved on July 8, 1982 and now deleted without 
replacement for implementation in the Southeast Desert Air Basin, Rule 
411.1.
    (iv) Sacramento County APCD.
    (A) New or amended Rules 7, 24, 25, 28, 30, and 53.
    (B) New or amended Rules 120, 121, and 122.
    (68) Revised regulations for the South Coast AQMD, submitted on 
April 3, 1980, by the Governor's designee.
    (i) New or amended Rules 1301, 1303, 1304, 1305, 1306, 1307, 1310, 
1311, and 1313.
    (ii) Previously approved on January 21, 1981 and now deleted without 
replacement Rule 1311.
    (69) Revised regulations for the South Coast AQMD submitted on April 
23, 1980, by the Governor's designee.
    (i) New or amended Rules 464, 465, 1123, and 1125.
    (ii) New or amended Rules 301, 405, 431.2(c)(5), 701, 702 (a), (d), 
(e), (f), (h) and (i), 703-706, 708.3(a), (b)(8)-(b)(10), 708.4(g) and 
(h), 709(a), 710(a) and (b)(4), 711(a)(1), (a)(4), (b)(1) and (b)(4), 
and 713-715.

[[Page 213]]

    (iii) New Rule 1103.
    (iv) California Health and Safety Code, Sections 41950 to 41962, 
94000 to 94004; and Stationary Source Test Methods--Volume 2: 
Certification and Test Procedures for Gasoline Vapor Recovery Systems 
submitted on April 23, 1980.
    (v) Previously approved on July 8, 1982 in paragraph (c)(69)(iii) of 
this section and now deleted without replacement for implementation in 
the Antelope Valley Air Pollution Control District Rule 1103.
    (70) Revised regulations for the following APCD's submitted on 
August 15, 1980, by the Governor's designee.
    (i) South Coast AQMD.
    (A) New or amended Rules 1302 and 1308.
    (B) New or amended Rule 1101.
    (C) New or amended Rules 702(b), 707, 708, 708.3 (a)(2) and (c), 
708.4 (a) and (b), 709(e), 710 (b)(1)(D), (b)(2)(D), (b)(3)(B), and 
(c)(3)(B), 711 (a)(1)(E), (a)(2)(D), (a)(3)(B), (a)(4)(F), (b)(3)(B), 
and (b)(4)(f), and 1102.
    (D) Amended Rule 401 (except subparagraph 401(b)).
    (ii) San Diego County APCD.
    (A) New or amended Rules 2 (z) and (aa), 40, and 10 (f) and (i).
    (iii) Shasta County APCD.
    (A) Amended Rule 3.3.
    (iv) El Dorado County APCD (Mountain Counties and Lake Tahoe Air 
Basin).
    (A) New or amended Rules 601-613.
    (B) Previously approved on May 27, 1982 in paragraph (c)(70)(iv)(A) 
of this section and now deleted without replacement, Rules 601 to 613.
    (71) The San Joaquin Valley Air Basin Control Strategy (Chapter 16 
of the Comprehensive Revisions to the State of California Implementation 
Plan for the Attainment and Maintenance of Ambient Air Quality 
Standards) submitted on October 11, 1979, by the Governor's designee. 
Those portions of the San Joaquin Valley Air Basin Control Strategy 
identified by Tables 16-1a, 1b and 1c (Summary of Plan Compliance with 
Clean Air Act Requirements) except for those portions which pertain to 
Fresno County and the six transportation control measures for Stanislaus 
County, comprise the submitted plan. The remaining portions are for 
informational purposes only. The following rules were also submitted on 
October 11, 1979 as part of the enforceable plan:
    (i) Kings County APCD.
    (A) New or amended Rules 411 and 414.3.
    (B) Previously approved on May 7, 1982 in paragraph (c)(71)(i)(A) of 
this section and now deleted without replacement: Rule 414.3.
    (ii) Madera County APCD.
    (A) New or amended Rule 210.1 (except paragraphs (3)(D) and 
(5)(B)(8)).
    (iii) Merced County APCD.
    (A) New or amended Rules 409.3 and 410.
    (iv) Tulare County APCD.
    (A) New or amended Rule 410.3.
    (72) The San Francisco Bay Area Basin Control Strategy (Chapter 15 
of the Comprehensive Revisions to the State of California Implementation 
Plan for the Attainment and Maintenance of Ambient Air Quality 
Standards) including appendices, submitted on July 25, 1979, by the 
Governor's designee.
    (73) Revised regulations for the following APCD's submitted on 
January 14, 1980, by the Governor's designee.
    (i) Bay Area AQMD.
    (A) Regulation 2: Rule 1: 2-1-200, 2-1-300, 2-1-307, and 2-1-400, 
Rule 2: 2-2-100, 2-2-200, 2-2-209, 2-2-210, 2-2-300, and 2-2-400; Rule 
3: 2-3-100, 2-3-101, 2-3-200, 2-3-201, 2-3-300, 2-3-301, 2-3-302, 2-3-
401, 2-3-401.1 to 2-3-401.3, 2-3-402, 2-3-403, 2-3-404, and 2-3-405.
    (B) New or amended Regulation 2, Rule 1: 2-1-100 to 2-1-102, 2-1-
111, 2-1-112, and 2-1-408.
    (74) Revised regulations for the following APCD's submitted on 
December 24, 1979, by the Governor's designee.
    (i) Imperial County APCD.
    (A) New or amended Rules 111, 413, 414, 416, 416 (deletion), and 
517.
    (B) Previously approved on January 27, 1981 and now deleted without 
replacement Rule 517.
    (ii) Santa Barbara County.
    (A) Rule 316.
    (iii) Ventura County APCD.
    (A) New Rule 70 (except paragraph E).
    (75) Revised regulations for the Kern County APCD, submitted on 
January 8, 1980, by the Governor's designee.
    (i) Rules 210.2, 410.3, 411, 414, 414.1, and 414.3.

[[Page 214]]

    (ii) New or amended Rule 424(F).
    (iii) Previously approved on August 21, 1981 and now deleted without 
replacement for implementation in the Southeast Desert Air Basin, Rule 
414.3.
    (iv) Previously approved on August 21, 1981 in paragraph (c)(75)(i) 
of this section and now deleted without replacement within the San 
Joaquin Valley Unified Air Pollution Control District area, Rule 414.3.
    (76) Revised regulations for the following APCD's, submitted on 
April 15, 1980, by the Governor's designee.
    (i) Kern County APCD.
    (A) Amended Rule 210.1
    (77) The following amendments to the plan were submitted on October 
18, 1979, by the Governor.
    (i) San Luis Obispo County APCD.
    (A) New or amended Rules 415, 416, 420, and 422.
    (ii) The South Central Coast Air Basin Control Strategy [Chapter 17 
of the Comprehensive Revision to the State of California Implementation 
Plan for the Attainment and Maintenance of Ambient Air Quality 
Standards]. Those portions of the South Central Coast Air Basin Control 
Strategy identified by Tables 17-1 and 17-2 ``Location of Plan Elements 
Which Meet Clean Air Act Requirements'' together with the rules 
identified below comprise the submitted nonattainment area plan. The 
remaining portions are for informational purposes only.
    (A) Santa Barbara County APCD Rules 320, 321, 323, 327, 329 to 332, 
201.C and 205.C. (except subparagraph 5.b.8.).
    (B) Ventura County APCD Rules 26 (except 26.2, 26.3 and 26.4), 74.4, 
74.7, and 74.8.
    (78) Revised regulations for the following APCD submitted on 
November 19, 1979, by the Governor's designee.
    (i) South Coast AQMD.
    (A) Deletion of Rules 67 and 72.
    (ii) California Lead SIP.
    (79) Revised regulations for the following APCD's submitted on June 
2, 1980, by the Governor's designee.
    (i) Monterey Bay Unified APCD.
    (A) Rule 427.
    (ii) Bay Area AQMD.
    (A) New or amended Regulation 1, Rules 1-100 to 1-111, 1-114, 1-200 
to 1-205, 1-207 to 217, 1-219 to 1-232, 1-400 to 1-402, 1-410 to 1-412, 
1-420, 1-430 to 1-434, 1-440, 1-441, 1-500 to 1-502, 1-510, 1-521, 1-
530, 1-540, 1-541, 1-543, 1-544; Regulation 5, Rules 5-100, 5-101, 5-
110, 5-111, 5-200 to 5-207, 5-300, 5-301, 5-400 to 5-404; Regulation 6, 
Rules 6-100, 6-101, 6-200 to 6-204, 6-300 to 6-304, 6-310, 6-312,6-320, 
6-330, 6-400, 6-401, 6-500 to 6-502; Regulation 11, Rules 11-1-100 to 
11-1-102, 11-1-300 to 11-1-303; Regulation 12, Rules 12-2-100, 12-2-101, 
12-2-200, 12-2-201, 12-2-300, 12-2-301, 12-2-500, 12-2-501, 12-3-100, 
12-3-101, 12-3-300, 12-3-301, 12-3-500, 12-3-501-12-4-100 to 12-4-102, 
12-4-200 to 12-4-212, and 12-4-300 to 12-4-307.
    (B) New or amended Regulation 1: 1-206, 1-520, 1-542, and 1-600 to 
1-604; Regulation 6: 6-305, 6-311, 6-600, and 6-601; and Regulation 11: 
11-1-500, 11-1-501, and 11-1-600 to 11-1-603.
    (iii) Ventura County APCD.
    (A) New or amended Rule 2.
    (B) New or amended Rule 59.
    (iv) South Coast AQMD.
    (A) Deletion of Rule 471.
    (B) New Rule 466.1.
    (v) San Diego County APCD.
    (A) New or amended Rules 1, 2 (a), (b), (t), (v), (u), (x), and (y), 
14, 17, 67.0, and 67.1.
    (B) Previously approved on September 28, 1981 in paragraph 
(c)(79)(v)(A) of this section and now deleted without replacement Rule 
14.
    (vi) Shasta County APCD.
    (A) New Rule 3.17.
    (80) The following amendments to the plan were submitted on August 
21, 1979 by the Governor's designee.
    (i) Revised regulations for Placer County APCD--Lake Tahoe Air Basin 
Portion.
    (A) New or amended Rules 101-104, 201-204, 206-211, 215, 217, 301-
308, and 310-319.
    (B) New Rule 507.
    (C) New or amended Rules 502-506 and 511-513.
    (D) Previously approved and now deleted, Rule 104.
    (E) New or amended Rules 212, 213, 508 (except Paragraph 
(1)(C)(3)(h), and 514.
    (F) Previously approved on June 23, 1982 in paragraph (c)(80)(i)(C) 
of this section and now deleted without replacement Rules 504, 506, and 
511 to 513.

[[Page 215]]

    (ii) Chapter 8, Lake Tahoe Basin Control Strategy, including Support 
Documents and Appendices. The Transportation Improvement Program and 
Regional Transportation Plan are for informational purposes only.
    (81) Revised regulations for the following APCD, submitted on 
February 11, 1980 by the Governor's designee.
    (i) El Dorado County APCD--Lake Tahoe Air Basin Portion.
    (A) New or amended Rules 507, 511-515, and 519-528.
    (B) New or amended Rules 501 to 506, 508 to 510, and 516 to 518.
    (C) Previously approved on May 18, 1981 in paragraph (c)(81)(i)(A) 
of this section and now deleted without replacement Rules 512, 514, 519, 
and 520 to 524.
    (82) [Reserved]
    (i) Ventura County APCD.
    (A) New or amended Rule 74.6.
    (83)(i)(A) [Reserved]
    (B) New Rules 22, 23, and 27.
    (C) New or amended Regulation 8: Rule 21.
    (ii) Kings County APCD.
    (A) New or amended Rule 414.
    (iii) [Reserved]
    (A) Rule 410.
    (B) New or amended Rules 411.1 and 416.1.
    (84) Revised regulations for the following APCDs submitted on 
October 10, 1980, by the Governor's designee.
    (i) Madera County APCD.
    (A) New or amended Rule 410.4.
    (ii) Merced County APCD.
    (A) New or amended Rule 409.4.
    (iii) Kings County APCD.
    (A) New or amended Rule 410.4.
    (iv) San Joaquin County APCD.
    (A) New or amended Rule 409.4.
    (v) Stanislaus County APCD.
    (A) New or amended Rule 409.4.
    (vi) Tulare County APCD.
    (A) New or amended Rule 410.4.
    (vii) Modoc County APCD.
    (A) Amended Rule 3:12.
    (85) Revised regulations for the following APCDs submitted on 
December 15, 1980, by the Governor's designee.
    (i) Tulare County APCD.
    (A) New or amended Rule 412.
    (B) New or amended Rule 412.1.
    (C) New or amended Rules 201 and 417.1.
    (ii) Madera County APCD.
    (A) New or amended Rule 412.1
    (B) New or amended Rules 201, 202, 301, and 417.1.
    (iii) Sacramento County APCD.
    (A) New or amended Rule 13.
    (iv) San Diego County APCD.
    (A) New or amended Rules 61.0, 61.0 (n) and (o), 61.1, 61.1(a)(1) 
(i) and (h), 61.2, 61.2(a), 61.3 and 61.4
    (v) San Bernardino County APCD, Southeast Desert Air Basin portion.
    (A) New or amended Rules 461 and 462.
    (vi) Tehama County APCD.
    (A) New or amended Rules 1.2, 1.3, 2.7, 2.8, 2.9, 3.1, 3.2, 3.3-
3.14, 4.1, 4.2, 4.6, and 4.7.
    (B) Previously approved and now deleted Rule 2.8 (Further 
Information).
    (C) Previously approved on April 12, 1982 in paragraph 
(c)(85)(vi)(A) of this section and now deleted without replacement, 
Rules 1.3 and 2.9.
    (D) Previously approved on April 12, 1982 in paragraph 
(c)(85)(vi)(A) of this section and now deleted without replacement Rules 
2.7 and 2.8.
    (vii) Santa Barbara County APCD.
    (A) New or amended Rule 210.
    (B) Previously approved on June 18, 1982 in paragraph 
(c)(85)(vii)(A) of this section and now deleted without replacement, 
Rule 210.
    (viii) South Coast AQMD.
    (A) New Rule 1130.
    (ix) Kings County APCD.
    (A) New or amended Rule 417.1.
    (x) Kern County APCD.
    (A) New or Amended Rules 110 and 417.1.
    (B) Previously approved on July 6, 1982 in paragraph (c)(85)(x)(A) 
of this section and now deleted without replacement, Rule 110.
    (C) Previously approved on July 6, 1982 in paragraph (c)(85)(x)(A) 
of this section and now deleted without replacement for implementation 
in Kern County, Southeast Desert Air Basin Rule 110.
    (86) Revised regulations for the following APCD's submitted on July 
10, 1980 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) Regulation 8: Rule 2 (Paragraph 301).
    (B) New Rules 17 (paragraphs 112, 302, 400, and 401) and 26.

[[Page 216]]

    (C) New or amended Regulations, Rules 1-206, 1-218, 6-311, 9-1-100, 
9-1-101, 9-1-110 9-1-200 to 9-1-204, 9-1-300 to 9-1-308, 9-1-310, 9-1-
311, 9-1-400 to 9-1-404, 9-1-500 to 9-1-502, and 9-4-302.
    (D) New or amended Rule 1-541 and Regulation 9, Rules 9-1-600 to 9-
1-605.
    (ii) Butte County APCD.
    (A) Amended Rule 4.9.
    (B) Previously approved on May 27, 1982 in paragraph (ii)(A) of this 
section and now deleted Rule 4.9.
    (87) Revised regulations for the following APCD's submitted on 
September 5, 1980 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) Regulation 8: Rule 5, Rule 6, and Rule 12.
    (B) New Rules 25 and 28 (except section 401).
    (ii) San Diego County APCD.
    (A) New or amended Rule 19.
    (iii) San Joaquin County APCD.
    (A) New or amended Rule 411.2.
    (B) New or amended Rules 202 and 416.1.
    (iv) San Bernardino County APCD, Southeast Desert Air Basin portion.
    (A) New or amended Rules 1301, 1302, 1303, 1304, 1305, 1306, 1307, 
1308, 1310, 1311, and 1313.
    (v) Los Angeles County APCD, Southeast Desert Air Basin portion.
    (A) New or amended Rules 1301, 1302, 1303, 1304, 1305, 1306, 1307, 
1308, 1310, 1311, and 1313.
    (vi) Sacramento County APCD.
    (A) New or amended Rules 74, 90, 92, 93, 94, 95, 96, 98, and 
Regulation VII.
    (B) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 74.
    (vii) Ventura County APCD.
    (A) New or amended Rules 2 and 55.
    (viii) Shasta County APCD.
    (A) New Rule 2:6.
    (88) Revised regulations for the following APCDs submitted on July 
25, 1980, by the Governor's designee.
    (i) Stanislaus County APCD.
    (A) New or amended Rule 209.1 (except paragraphs (3)(E) and 
(5)(B)(8)).
    (B) New or amended Rules 103 and 305.
    (C) New or amended Rules 202 and 416.1.
    (D) Previously approved on December 9, 1981 and now deleted without 
replacement Rule 305.
    (ii) Bay Area AQMD.
    (A) New or amended Regulation 3, Rules 3-100 to 3-103, 3-200 to 3-
206, 3-208 to 3-211, 3-300 to 3-311, and 3-400 to 3-408.
    (iii) South Coast AQMD.
    (A) New or amended Rule 1119.
    (B) Amended Rule 462.
    (iv) [Reserved]
    (v) Merced County APCD.
    (A) New or amended Rule 411.1.
    (B) New or amended Rules 202 and 416.1.
    (89) Revised regulations for the following APCDs submitted on March 
30, 1981, by the Governor's designee.
    (i) Kings County APCD.
    (A) New or amended Rule 411.
    (ii) Yolo-Solano County APCD.
    (A) New or amended Rule 2.13(h)(6).
    (iii) Yuba County APCD.
    (A) Amended Rules 3.8, 3.12, and 3.15.
    (B) New or amended rules 1.3, 3.0-3.7, 3.9, 3.10, 3.13, 4.0-4.5, 4.7 
to 4.10, 4.12, 5.4, 6.0, 8.0, 8.2, 9.0-9.5, 9.7, and 9.8.
    (C) Previously approved on April 12, 1982 in paragraph 
(c)(89)(iii)(B) of this section and now deleted without replacement, 
Rules 8.0, 8.2 and 9.0 to 9.4.
    (D) Previously approved on April 12, 1982 in paragraph 
(c)(89)(iii)(B) of this section and now deleted without replacement 
Rules 4.7, 4.8, 4.9, 4.10, 5.4, and 6.0.
    (iv) Imperial County APCD.
    (A) New Rule 418.1.
    (v) Monterey Bay Unified APCD.
    (A) New Rule 425.
    (vi) Lake County APCD.
    (A) New or amended Sections 101, 227.4, 301, 1602, and Table VI.
    (B) Previously approved on April 13, 1982 and now deleted without 
replacement Rule 301 and Table VI.
    (vii) South Coast AQMD.
    (A) Amended Rule 1102.1.
    (90) The following amendments to the plan were submitted on December 
31, 1979, by the Governor's designee.
    (i) Chapter 22--Air Quality Monitoring by State and Local Air 
Monitoring Stations (SLAMS).
    (91) The following amendments to the plan were submitted on November 
13, 1979, by the Governor's designee.
    (i) The Sacramento Valley Air Basin Control Strategy (Chapter 13 of 
the

[[Page 217]]

Comprehensive Revisions to the State of California Implementation Plan 
for the Attainment and Maintenance of Ambient Air Quality Standards): 
those portions pertaining to the Sacramento Metropolitan Area including 
the following rules:
    (A) Placer County APCD (Mountain Counties Air Basin portion) Rules 
212, 217, and 218.
    (B) Sacramento County APCD Rules 6, 11, 12, 16, 19, and 56 (except 
paragraph (5)(a)(8)).
    (C) Yolo-Solano County APCD Rules 2.14 and 3.4 [except paragraph 
(5)(a)(8)].
    (ii) The Sacramento Valley Air Basin Control Strategy [Chapter 13 of 
the Comprehensive Revisions to the State of California Implementation 
Plan for the Attainment and Maintenance of Ambient Air Quality 
Standards]: those portions pertaining to Butte, Yuba, and Sutter 
Counties, including the following rules:
    (A) Butte County APCD Rules 2.12f and 4-5.
    (92) Revised regulations for the following APCDs submitted on May 
28, 1981, by the Governor's designee.
    (i) Stanislaus County APCD.
    (A) New or amended Rule 409.5.
    (ii) Placer County (Mountain Counties Air Basin portion).
    (A) New or amended Rules 213, 216, and 223.
    (B) New or amended Rules 102, 203, 211, 301, 305, 306, 324, 325, 
601, and 702.
    (C) Rule 214.
    (D) Previously approved and now deleted without replacement Rules 
601 and 702.
    (iii) Lake County APCD.
    (A) New Rule 216.1.
    (iv) Great Basin Unified APCD.
    (A) New or amended Rules 101, 300, 404-A, 423, and 424.
    (B) Previously approved on April 13, 1982 in paragraph 
(c)(92)(iv)(A) of this section and now deleted without replacement, Rule 
300.
    (v) San Diego County APCD.
    (A) New or amended Rules 127, 130, 131, 132, and 134.
    (B) New or amended Rule 21.
    (vi) South Coast AQMD.
    (A) New or amended Rule 1113.
    (93) Revised regulations for the following APCDs submitted on June 
22, 1981, by the Governor's designee.
    (i) Stanislaus County APCD.
    (A) New or amended Rule 409.3.
    (B) New or amended Rule 409.8.
    (ii)(A) [Reserved]
    (B) New Rule 28, Section 401.
    (C) New or amended Regulation 5, Rule 5-401.3.
    (iii) Plumas County APCD.
    (A) New or amended Rules 203, 301-319, 512-516, 703, and 710.
    (B) New or amended Rules 501-511 and 517-521.
    (C) Previously approved on June 18, 1982 in paragraph 
(c)(93)(iii)(B) of this section and now deleted without replacement, 
Rule 509.
    (D) Previously approved on June 18, 1982 in paragraph 
(c)(93)(iii)(B) of this section and now deleted without replacement 
Rules 503, 504, 506, and 518 to 521.
    (E) Previously approved on June 18, 1982 in paragraph 
(c)(93)(iii)(B) of this section and now deleted without replacement 
Rules 507 and 508.
    (iv) Sierra County APCD.
    (A) New or amended Rules 203, 301-319, 512-516, 522, 523, 703, and 
710.
    (B) New or amended Rules 501-511 and 517-521.
    (C) Previously approved on April 23, 1982 and now deleted without 
replacement Rule 522.
    (D) Previously approved on June 18, 1982 in paragraph (c)(93)(iv)(B) 
of this section and now deleted without replacement, Rule 509.
    (E) Previously approved on June 18, 1982 in paragraph (c)(93)(iv)(B) 
of this section and now deleted without replacement Rules 503, 504, 506, 
and 518 to 521.
    (F) Previously approved on June 18, 1982 in paragraph (c)(93)(iv)(B) 
of this section and now deleted without replacement Rules 507 and 508.
    (v) Kern County APCD.
    (A) New or amended Rule 410.6.
    (vi) El Dorado County APCD (Mountain Counties Air Basin Portion).
    (A) Rules 318, 319, and 320.
    (94) Revised regulations for the following APCD's submitted on 
October 7, 1980, by the Governor's designee.
    (i) Stanislaus County APCD.
    (A) New or amended Rule 411.1.
    (ii) [Reserved]
    (iii) San Bernardino County APCD.

[[Page 218]]

    (A) New or amended Rules 701, 704, 705, 707-711, and 712. Previously 
approved Rule 707, ``Plans'', submitted on June 6, 1977 is retained.
    (95) Revised regulations for the following APCD's submitted on March 
23, 1981, by the Governor's designee.
    (i) Kern County APCD.
    (A) New or amended Rule 412.1(a).
    (B) Amended Rule 412.1.
    (C) New or amended Rules 202, 202.1, and 426.
    (ii) Ventura County APCD.
    (A) Amended Rule 26.2.
    (B) New or amended Rules 21, 29, 30, and 64.
    (C) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 21.
    (iii) Northern Sonoma County APCD.
    (A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300, 
and 320.
    (iv) South Coast AQMD.
    (A) Amended Rule 461.
    (v) Stanislaus County APCD.
    (A) New Rule 409.7.
    (B) New or amended Rule 301.
    (C) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 301.
    (vi) Humboldt County APCD.
    (A) New or amended Rules 130, 200, 210, 220, 230, 240, 250, and 260.
    (B) Previously approved on June 18, 1982 in paragraph (c)(95)(vi)(A) 
of this section now deleted without replacement for implementation in 
the North Coast Unified Air Quality Management District, Rule 250.
    (96) Revised regulations for the following APCDs submitted on 
November 3, 1980, by the Governor's designee.
    (i) South Coast AQMD.
    (A) New or amended Rule 1113.
    (ii) Butte County APCD.
    (A) New or amended Rules 1-8, 1-8.1, 1-10, 1-13, 1-14, 3-1, 3-2, 3-
6, 3-11, 3-11.2, 3-11.3, 3-12, 3-12.1, 3-12.2, 3-14, 3-15, 3-16, and 3-
16.1.
    (iii) Glenn County APCD.
    (A) New or amended Rules 2 (a,i,v, and aa), 3, 11, 11.1, 11.2, 13, 
13.1, 14, 14.1, 14.2, 14.3, 15, 16, 19, 21, 21.1, 22, 75, 81, 83, 83.1, 
83.2, 96, 110, and 112.
    (B) Previously approved on January 26, 1982 and now deleted without 
replacement Rules 110 and 112.
    (C) Previously approved on January 26, 1982 in paragraph 
(c)(96)(iii)(A) of this section and now deleted without replacement, 
Rule 3.
    (D) Previously approved on January 26, 1982 in paragraph 
(c)(96)(iii)(A) of this section and now deleted without replacement Rule 
96.
    (iv) Yolo-Solano APCD.
    (A) New or amended Rules 1.2 (a and g), 6.1 and 6.3.
    (v) Bay Area AQMD.
    (A) New Rule 20.
    (97) Revised regulations for the following APCDs submitted on June 
24, 1980, by the Governor's designee.
    (i) Sacramento County APCD.
    (A) New or amended Rule 18.
    (98) Revised regulations for the following APCDs, submitted on 
January 28, 1981, by the Governor's designee.
    (i) Sutter County APCD.
    (A) Amended Rules 3.8, 3.14, and 3.15.
    (B) New or amended Rules 1.0-1.3, 2.1-2.12, 2.15, 2.16, 3.0-3.7, 
3.9, 3.10, 3.12, 3.13, 4.0-4.5, 4.7-4.10, 4.12-4.15, 5.0-5.19, 6.0-6.7, 
7.0, 7.1, 7.2, 8.0, 8.1, 8.2, 9.0-9.7, and 9.8.
    (C) Previously approved and now deleted Rules 2.1 (Control of 
Emissions), 2.7 (Wet Plumes), 2.15 (Fuel Burning Equipment), 2.20 
(Payment of Order Charging Costs), 3.7 (Information), 4.5 (Standards for 
Granting Applications), 4.6 (Permits, Daily Limits, and 4.8 (Permit 
Forms).
    (D) Previously approved on April 12, 1982 and now deleted without 
replacement Rules 5.0 to 5.17, 5.19, 6.0 to 6.7, and 7.0 to 7.2.
    (E) Previously approved on April 12, 1982 in paragraph (c)(98)(i)(B) 
of this section and now deleted without replacement, Rules 8.0 to 8.2 
and 9.0 and 9.4.
    (F) Previously approved on April 12, 1982 in paragraph (c)(98)(i)(B) 
of this section and now deleted without replacement Rules 4.7, 4.9, 
4.10, 5.18, 9.7, and 9.8.
    (ii) Siskiyou County APCD.
    (A) New or amended agricultural burning regulations consisting of 
``General Provisions'' and Articles I-VII.
    (iii) Mendocino County APCD.
    (A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300, 
320, Appendices A, B, and C.
    (iv) Del Norte County APCD.

[[Page 219]]

    (A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300, 
320, Appendices A, B, and C.
    (v) Humboldt County APCD.
    (A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300, 
320, Appendices A, B, and C.
    (vi) Trinity County APCD.
    (A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300, 
320, Appendices A, B, and C.
    (vii) El Dorado County APCD.
    (A) New Rule 313.
    (B) Rules 313, 314, 315, 316, and 317.
    (viii) Ventura County APCD.
    (A) New Rule 71.2.
    (ix) Bay Area AQMD.
    (A) New or amended Rules 1-112, 1-113, 1-115 and Regulation 9, Rule 
9-3-202.
    (x) South Coast AQMD.
    (A) New or amended Rule 1115.
    (xi) San Diego County APCD.
    (99) Commitments by the Bay Area AQMD, Fresno County APCD, Kern 
County APCD, Monterey Bay Unified APCD, Sacramento County APCD, San 
Diego County APCD, Santa Barbara County APCD, South Coast AQMD, and 
Ventura County APCD to carry out public notification programs as 
required by section 127 of the Clean Air Act and in accordance with EPA 
guidance. These commitments were submitted by the Air Resources Board on 
January 22, 1981.
    (100) Revised regulations for the following APCDs submitted on 
October 25, 1979, by the Governor's designee.
    (i) San Diego County APCD.
    (A) New or amended Rules 67.3 and 67.5.
    (101) Revised regulations for the following APCD's submitted on July 
30, 1981 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) Regulation 8, Rule 1 (Paragraph 202) and Rule 16 (paragraph 
110).
    (B) New or amended Regulation 2, Rule 2-2-114; Regulation 5, Rule 5-
401.13; and Manual of Procedures--Volume I to Volume VI.
    (C) New or amended Regulation 8, Rule 24.
    (ii) Kern County APCD.
    (A) New or amended Rules 603, 609, 610, 611, and 613.
    (B) New or amended Rules 108, 201, 301, 302, and 305.
    (C) New or amended Rules 414 and 410.3.
    (D) New or amended Rules 410.7, 412, and 414.4.
    (E) Previously approved on July 6, 1982 and now deleted without 
replacement Rule 305 (including Southeast Desert).
    (F) Previously approved on October 11, 1983 and now deleted without 
replacement for implementation in the Southeast Desert Air Basin, Rule 
414.4.
    (G) Previously approved on July 6, 1982 in paragraph (c)(101)(ii)(B) 
of this section and now deleted without replacement, Rules 301 and 302 
(including Southeast Desert).
    (102) Revised rules for the following APCDs submitted on July 14, 
1981 by the Governor's designee.
    (i) San Joaquin County.
    (A) New Rules 409.5 and 409.6.
    (ii) Stanislaus County.
    (A) New Rule 409.6.
    (B) New or amended Rules 409.7 and 409.8.
    (iii) Merced County APCD.
    (A) New or amended Rules 409.6.
    (iv) South Coast AQMD.
    (A) New or amended Rule 301.
    (103) Revised rules for the following APCDs, submitted on October 
23, 1981 by the Governor's designee.
    (i) Kings County.
    (A) Amended Rule 412.2.
    (ii) San Diego County APCD.
    (A) New or amended Rule 67.4 and 67.6.
    (B) New or amended Rules 42, 64, 101-103, and 109.
    (C) New Rule 67.8.
    (D) Previously approved on July 6, 1982 and now deleted without 
replacement Rule 42.
    (E) Previously approved on July 6, 1982 in paragraph (c)(103)(ii)(B) 
of this section and now deleted Rule 109 (now replaced by Rule 101).
    (iii) Santa Barbara County APCD.
    (A) Rule 325.
    (B) New or amended Rules 601-608 and 609.
    (C) Previously approved and now deleted Rules 609 (Scientific 
Committee) and 610 (Emergency Action Committee).
    (iv) Ventura County APCD.
    (A) Amended Rule 70(E).

[[Page 220]]

    (B) New or amended Rules 2, 12, 16, 23, 41, 42, and 74.2.
    (C) New Rule 74.5.
    (D) Amended Rule 74.9.
    (E) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 42.
    (v) Sacramento County APCD.
    (A) Amended Rule 20.
    (B) New or amended Rules 50, 70, and 14.
    (C) New Rules 4A, 4B, 10 and 51.
    (vi) Del Norte County APCD.
    (A) Amended Rules 300 and 310.
    (B) Previously approved on April 13, 1982 and now deleted without 
replacement Rules 300 and 310.
    (vii) Humboldt County APCD.
    (A) Amended Rules 300 and 310.
    (B) Previously approved on April 13, 1982 and now deleted without 
replacement Rules 300 and 310.
    (viii) Mendocino County APCD.
    (A) Amended Rules 300 and 310.
    (B) Previously approved on April 13, 1982 and now deleted without 
replacement Rules 300 and 310.
    (ix) Northern Sonoma County APCD.
    (A) Amended Rules 300 and 310.
    (B) Previously approved on April 13, 1982 and now deleted without 
replacement Rules 300 and 310.
    (x) Trinity County APCD.
    (A) Amended Rules 300 and 310.
    (B) Previously approved on April 13, 1982 and now deleted without 
replacement Rules 300 and 310.
    (xi) Great Basin Unified APCD.
    (A) Amended Rule 301.
    (B) Previously approved on April 13, 1982 in paragraph 
(c)(103)(xi)(A) of this section and now deleted without replacement, 
Rule 301.
    (xii) San Luis Obispo County APCD.
    (A) New or amended Rules 301, 302, and 411.
    (B) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 301.
    (C) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 301.
    (xiii) El Dorado County APCD (Mountain Counties Air Basin).
    (A) New or amended Rules 301-319, 501, 703, and 710.
    (B) Previously approved on May 27, 1982 and now deleted without 
replacement rule 501.
    (C) Previously approved on May 27, 1982 in paragraph 
(c)(103)(xiii)(A) of this section and now deleted without replacement, 
Rules 318 and 319.
    (D) Previously approved on May 27, 1982 in paragraph 
(c)(103)(xiii)(A) of this section and now deleted without replacement 
Rule 710.
    (xiv) Imperial County APCD.
    (A) New or amended Rules 101, 301, 302, 305-307.
    (B) Previously approved on May 27, 1982 and now deleted without 
replacement Rule 305.
    (C) Previously approved on May 27, 1982 in paragraph 
(c)(103)(xiv)(A) of this section and now deleted without replacement, 
Rules 301, 302, 306, and 307.
    (xv) Shasta County APCD.
    (A) Amended Rule 2:11.
    (xvi) Monterey Bay Unified APCD.
    (A) Amended Rules 301, 601, and 602.
    (xvii) Tuolumne County APCD.
    (A) New or amended Rules 203, 301-319, 501-521, 703, and 710.
    (B) Previously approved on May 27, 1982 and now deleted without 
replacement Rule 516.
    (C) Previously approved on May 27, 1982 in paragraph 
(c)(103)(xvii)(A) of this section and now deleted without replacement, 
Rule 509.
    (D) Previously approved on May 27, 1982 in paragraph 
(c)(103)(xvii)(A) of this section and now deleted without replacement 
Rules 503, 504, 506, and 518 to 521.
    (xviii) South Coast AQMD.
    (A) New or amended Rules 504.1, 218, 219, 220, 409, and 502.
    (B) Previously approved on July 6, 1982 and now deleted without 
replacement Rule 504.1.
    (104) Revised regulations for the following APCD's submitted on 
November 5, 1981 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) Regulation 2, Rule 1: 2-1-101, 2-1-102, 2-1-111, 2-1-112, 2-1-
201 to 2-1-205, 2-1-301 to 2-1-306, 2-1-401 to 2-1-410, and 2-1-420 to 
2-1-423; Rule 2: 2-2-101 to 2-2-114, 2-2-201 to 2-2-208, 2-2-301 to 2-2-
306, 2-2-310, and 2-2-401 to 2-2-410.
    (ii) South Coast AQMD.
    (A) New or amended Rule 444.
    (iii) Fresno County APCD.
    (A) New or amended Rule 409.6.
    (105) Schedule to study Nontraditional Total Suspended Particulate

[[Page 221]]

Sources and commitment to implement control measures necessary to 
provide for attainment, submitted on November 18, 1981 by the Governor's 
designee.
    (106) The Southeast Desert Air Basin Control Strategy for ozone 
(Chapter 19 of the Comprehensive Revisions to the State of California 
Implementation Plan for the Attainment and Maintenance of the Ambient 
Air Quality Standards) was submitted by the Governor's designee on 
February 15, 1980. The portions of the Southeast Desert Air Basin 
Control Strategy identified in Table 19-1 (Summary of Plan Compliance 
with Clean Air Act Requirements), except those which pertain to Imperial 
County, comprise the plan. The remaining portions are for informational 
purposes only.
    (107) On August 11, 1980, the Governor's designee submitted a 
revision to the State Implementation Plan which adds the Southeast 
Desert Air Basin portion of Riverside County into the South Coast Air 
Quality Management District.
    (108) On November 28, 1980, the Governor's designee submitted a 
revision to the State Implementation Plan which deletes Rule 67, for the 
San Bernardino County APCD as applied to new sources.
    (109) Three items submitted for Fresno County and the Sacramento 
Metropolitan Area by the Governor's designee on October 9, 1980:
    (i) Air Quality Planning Addendum-Council of Fresno County 
Governments 1979-84 Overall Work Program.
    (ii) Emission Inventory, 1976 for the Sacramento Metropolitan Area.
    (iii) Air Quality Plan Technical Appendix, January 1979 for the 
Sacramento Metropolitan Area.
    (110) Five items submitted for Ventura County by the Governor's 
designee on April 1, 1980:
    (i) Appendix B-81, Empirical Kinetic Modeling Approach: Ozone 
Formation, Transport, and Concentration Relationships in Ventura County; 
Update of Emission Reduction Required for Attainment of Ozone NAAQS.
    (ii) Letter: Jan Bush to Mike Redemer, January 23, 1981.
    (iii) Letter and enclosures: Janet Lyders to Mike Scheible, February 
6, 1981.
    (iv) Letter and enclosures: Jan Bush to William Lockett, December 
15, 1980.
    (v) Letter and enclosures: Jan Bush to William Lockett, October 23, 
1980.
    (111) Four items submitted for Ventura County by the Governor's 
designee on July 16, 1981:
    (i) Attachment V--Transportation Control Measures.
    (ii) Ventura Air Quality Management Plan, Appendix O, Plan for 
Attainment of Standards for Total Suspended Particulates In Ventura 
County: Interim Report, July, 1980.
    (iii) Attachment IV--Population Forecasts.
    (iv) Attachment VI--Implementation of Emission Reductions Required 
for Attainment of TSP Standards.
    (112) Plan for Attainment of the Federal Secondary Total Suspended 
Particulate Standard in Santa Clara County, an addendum to the San 
Francisco Bay Area Air Basin Control Strategy (Chapter 15) submitted on 
March 16, 1981, by the Governor's designee.
    (113) Supplemental material for the San Diego Nonattainment Area 
Plan submitted on July 13, 1981, by the Governor's designee.
    (114) Supplemental material for the San Diego Nonattainment Area 
Plan submitted on August 31, 1981, by the Governor's designee.
    (115) Supplemental material for the San Diego Nonattainment Area 
Plan submitted on December 8, 1981, by the Governor's designee.
    (116) Supplemental material for the South Coast Nonattainment Area 
Plan submitted on July 24, 1981, by the Governor's designee.
    (117) Supplemental material for the South Coast Nonattainment Area 
Plan submitted on December 24, 1981, by the Governor's designee.
    (118) Supplemental material for the South Coast Nonattainment Area 
Plan submitted on February 18, 1982, by the Governor's designee.
    (119) Revised regulations for the following APCDs submitted on April 
17, 1980, by the Governor's designee.
    (i) El Dorado County APCD (Mountain Counties Air Basin).
    (A) New or amended Rules 502-520.

[[Page 222]]

    (B) Rule 102.
    (C) Previously approved on May 27, 1982 and now deleted without 
replacement Rules 502 to 508, 510 to 513, 515, 517 to 519, and 521.
    (D) Previously approved on May 27, 1982 in paragraph (c)(119)(i)(A) 
of this section and now deleted without replacement, Rule 509.
    (E) Previously approved on May 27, 1982 in paragraph (c)(119)(i)(A) 
of this section and now deleted without replacement Rule 520.
    (ii) Mendocino County APCD.
    (A) New or amended Rules 130, 200, 210, 220, 230, 240, 250, and 260.
    (B) Previously approved on June 18, 1982 in paragraph 
(c)(119)(ii)(A) of this section and now deleted without replacement Rule 
250.
    (120) The Mountain Counties Air Basin Control Strategy for ozone 
(Chapter 9 of the ``Comprehensive Revisions to the State of California 
Implementation Plan for the Attainment and Maintenance of the Ambient 
Air Quality Standards'' was submitted by the Governor's designee on 
April 3, 1981. The submittal also included revised regulations for the 
following APCD's.
    (i) El Dorado County APCD (Mountain Counties Air Basin portion).
    (A) Rules 401, 402, 403, 404, 405, 406, 407, 410, 411, 415, 416, 
418, 419, 420, 421, 422, 423, 424, and 425.
    (B) Previously approved on July 7, 1982 and now deleted without 
replacement Rules 401 to 407, 410 to 411, 415 to 416, and 418 to 424.
    (C) Previously approved on July 7, 1982 in paragraph (c)(120)(i)(A) 
of this section and now deleted without replacement Rule 425.
    (121) Revised regulations for the following APCDs submitted on March 
1, 1982 by the Governor's designee.
    (i) South Coast AQMD.
    (A) New or amended Rule 474.
    (B) Amended Rules 107, 1107, 1108.1, 1125 and 1126.
    (C) Amended Rule 1110.
    (D) Previously approved on October 11, 1983 and now deleted without 
replacement Rule 107.
    (ii) San Diego County APCD.
    (A) New or amended Rules 62 and 53.
    (B) Amended Rule 67.6(e).
    (C) Amended Rule 17, adopted on November 25, 1981.
    (iii) Lake County APCD.
    (A) New or amended Rule 655.
    (iv) Bay Area AQMD.
    (A) Amended Regulation 8, Rules 2-112 and 5-313.4.
    (v) Ventura County APCD.
    (A) Amended Rule 74.6.
    (122) [Reserved]
    (123) Supplemental material for the Kern County Nonattainment Area 
Plan submitted on March 4, 1982, by the Governor's designee.
    (124) Revised regulations for the following APCDs submitted on 
August 6, 1982, by the Governor's designee.
    (i) Bay Area AQMD.
    (A) New or amended Regulation 1: Rules 1-100, 1-112, 1-205, 1-233, 
1-234, 1-235, 1-520, 1-522, 1-530, 1-540, 1-543, 1-544, and 1-602; 
Regulations 4: Rule 4-303; Regulation 5: Rules 5-208 and 5-402; and 
deletion of Regulation 6: Rule 6-132.
    (B) [Reserved]
    (C) Amended Regulation 8, Rules 2, 4, 5, 8 and 10.
    (D) New or amended Regulation 2: Rules 2-1-207, 2-1-208, 2-1-301, 2-
1-304, and 2-1-307.
    (E) Amended Regulation 8, Rule 23.
    (ii) Lake County APCD.
    (A) New or amended Rules 630, 631, 660.1, 660.2, and 660.3.
    (B) Previously approved on November 10, 1982 in paragraph 
(c)(124)(ii)(A) of this section and now deleted without replacement, 
Rules 660.1, 660.2, and 660.3.
    (C) Previously approved on November 10, 1982 in paragraph 
(c)(124)(ii)(A) of this section and now deleted without replacement 
Rules 631 and 660.1 to 660.3.
    (iii) San Joaquin County APCD.
    (A) New or amended Rules 203, 415, 503, and 521.
    (B) Previously approved on November 10, 1982 and now deleted without 
replacement Rules 503 and 521.
    (iv) South Coast AQMD.
    (A) New or amended Rule 407.
    (B) Amended Rule 1107.
    (C) [Reserved]
    (v) Stanislaus County APCD.
    (A) New or amended Rules 203 and 503.
    (B) New or amended Rules 409.4 and 409.8.
    (C) Previously approved on November 10, 1982 and now deleted without 
replacement Rule 503.

[[Page 223]]

    (vi) Del Norte County APCD.
    (A) New or amended Rules 616, 618, and 620.
    (B) New or amended Rule 230, adopted December 14, 1981.
    (C) Previously approved on November 10, 1982 and now deleted without 
replacement Rules 616 and 618.
    (vii) Humboldt County APCD.
    (A) New or amended Rules 616, 618, and 620.
    (B) New or amended Rule 230, adopted December 8, 1981.
    (C) Previously approved on November 10, 1982 and now deleted without 
replacement Rules 616 and 618.
    (D) Previously approved on November 10, 1982 in paragraph 
(c)(124)(vii)(A) of this section and now deleted without replacement 
Rule 620.
    (viii) Mendocino County APCD.
    (A) New or amended Rules 610, 616, 618, and 620.
    (B) New or amended Rules 130 (introductory text, b1, m1, p5, and 
s2), and 230, adopted January 5, 1982.
    (C) Previously approved on November 10, 1982 and now deleted without 
replacement Rules 616 and 618.
    (ix) Northern Sonoma County APCD.
    (A) New or amended Rules 616, 618, and 620.
    (B) New or amended Rules 130 (introductory text, b1, n1, p5, and 
s2), 220(c), 230, and 260, adopted February 23, 1982 and rule 200, 
adopted June 15, 1982.
    (C) Previously approved on November 10, 1982 and now deleted without 
replacement Rules 616 and 618.
    (x) Trinity County APCD.
    (A) New or amended Rules 616, 618, and 620.
    (B) New or amended Rule 230, adopted December 7, 1981.
    (C) Previously approved on November 10, 1982 and now deleted without 
replacement Rules 616 and 618.
    (xi) Kern County APCD.
    (A) New or amended Rule 411.
    (xii) Butte County APCD.
    (A) New or amended Rules 4-6 and 4-6A.
    (B) Previously approved on June 1, 1983 in paragraph (xii)(A) of 
this section and now deleted Rules 4-6 and 4-6A.
    (125) Revised Regulations for the following APCDs submitted on May 
20, 1982 by the Governor's designee.
    (i) San Diego County APCD.
    (A) New or amended Rule 40.
    (ii) South Coast AQMD.
    (A) New or amended Rule 431.1.
    (B) New or amended Rules 303 and 304.
    (C) [Reserved]
    (D) Amended Rules 442, 467 and 1128.
    (iii) Monterey Bay Unified APCD.
    (A) New or amended Rule 422.
    (B) New Rule 428.
    (iv) Shasta County APCD.
    (A) New or amended Rules 2:6, 2:7, 2:8, 2:9, 2:11 and 4:4.
    (B) Previously approved on November 10, 1982 and now deleted without 
replacement Rule 4.4.
    (C) Previously approved on November 10, 1982 in paragraph 
(c)(125)(iv)(A) of this section and now deleted without replacement, 
Rule 2:11.
    (v) Tulare County APCD.
    (A) New or amended Rules 104 and 405.
    (B) Amended Rule 410.1.
    (C) Previously approved on November 10, 1982 in paragraph 
(c)(125)(v)(A) of this section and now deleted without replacement, Rule 
104.
    (vi) Yolo-Solano APCD.
    (A) New or amended Rules 4.1 and 4.2.
    (B) Previously approved on November 10, 1982 and now deleted without 
replacement Rules 4.1 and 4.2.
    (vii) Yuba County APCD.
    (A) New or amended Rule 9.6.
    (viii) Bay Area AQMD.
    (A) Manual of Procedures: Volumes I, V and VI.
    (B) Amended Regulation 8, Rules 7, 14, 18 and 19.
    (ix) San Joaquin County APCD.
    (A) Amended Rule 412.
    (126) Revised regulations for the following APCDs submitted on 
November 8, 1982 by the Governor's designee.
    (i) Sacramento County APCD.
    (A) New or amended Rules 59 and 70.
    (B) Amended Rules 16 and 19.
    (C) Previously approved on June 1, 1983 and now deleted without 
replacement Rule 70.
    (ii) Santa Barbara County APCD.
    (A) New or amended Rule 210D.
    (B) Previously approved on June 1, 1983 in paragraph (c)(126)(ii)(A) 
of this section and now deleted without replacement, Rule 210D.
    (iii) Stanislaus County APCD.

[[Page 224]]

    (A) New or amended Rules 110, 202, and 302.
    (B) Amended Rules 409.8, 411 and 411.1(G).
    (C) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 302.
    (iv) South Coast AQMD.
    (A) New or amended Rules 708.3 and 1105.
    (v) Tulare County APCD.
    (A) New or amended Rule 519.
    (B) Amended Rules 410.3 and 410.4.
    (C) Previously approved on June 1, 1983 and now deleted without 
replacement Rule 519.
    (vi) Yolo-Solano County APCD.
    (A) New or amended Rule 6.1.
    (B) Amended Rule 2.22.
    (127) New and amended regulations for the following APCD's submitted 
on February 3, 1983 by the Governor's designee.
    (i) Bay Area Air Quality Management District.
    (A) [Reserved]
    (B) Amended Regulation 3: Rules 3-102, 3-302, 3-302.1, 3-303, and 
Schedule A.
    (C) Amended Rules 13 and 29.
    (D) New or amended Regulation 2: Rules 2-2-113.2, 2-2-115, 2-2-209, 
2-2-210, 2-2-211, 2-2-303.2, 2-2-304.1, 2-2-304.2, and 2-2-404; and 
Regulation 3: Rule 3-312.
    (ii) Fresno County APCD.
    (A) Amended Rules 406 and 408.
    (B) Amended Rule 409.1.
    (iii) North Coast Unified AQMD.
    (A) New Rule 350.
    (B) Previously approved on November 18, 1983 and now deleted without 
replacement Rule 350.
    (iv) Imperial County APCD.
    (A) Amended Rule 409.
    (B) Amended Rule 424.
    (v) Monterey Bay Unified APCD.
    (A) New or amended Rule 601.
    (B) Amended Rule 301, submitted on February 3, 1983.
    (C) Previously approved on August 9, 1985 in paragraph 
(c)(127)(v)(B) of this section and now deleted without replacement, Rule 
301.
    (vi) San Luis Obispo County APCD.
    (A) Amended Rule 302.
    (B) Previously approved on November 18, 1983 and now deleted without 
replacement Rule 302.
    (vii) South Coast AQMD.
    (A) New or amended Rules 301.1, 302, 303, and Resolutions 82-23 and 
82.35.
    (B) New or amended Rules 461, 1102, and 1102.1.
    (C) New or amended Rules 301, 304, 401(b) and 1148.
    (D) Previously approved on November 18, 1983 and now deleted without 
replacement Rule 303.
    (E) Previously approved on October 19, 1984 and now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District Rule 1148.
    (F) Previously approved on November 18, 1983 in paragraph 
(c)(127)(vii)(A) of this section and now deleted without replacement for 
implementation in the Antelope Valley Air Pollution Control District and 
the South Coast Air Quality Management District, Rule 302.
    (G) Previously approved on October 19, 1984 in paragraph 
(c)(127)(vii)(C) of this section and now deleted without replacement for 
implementation in the Antelope Valley Air Pollution Control District and 
the South Coast Air Quality Management District, Rule 304.
    (H) Previously approved on October 19, 1984 in paragraph 
(c)(127)(vii)(C) of this section and now deleted without replacement for 
implementation in the Antelope Valley Air Pollution Control District and 
the Mojave Desert Air Quality Management District (Riverside County), 
Rule 304.
    (I) Previously approved on November 18, 1983 in paragraph 
(c)(127)(vii)(A) of this section and now deleted without replacement for 
implementation in the Antelope Valley Air Pollution Control District and 
the Mojave Desert Air Quality Management District, Rules 302 and 303.
    (viii) Ventura County APCD.
    (A) New or amended Rule 41.
    (B) Amended Rule 74.2.
    (128) The 1982 Ozone Air Quality Plan for the Monterey Bay Region 
was submitted on December 31, 1982 and January 14, 1983 by the 
Governor's designee.
    (129) The 1982 Ozone Air Quality Plan for Stanislaus County and the 
1982 Ozone and CO plan for San Joaquin County were submitted on December 
1, 1982 by the Governor's designee.

[[Page 225]]

    (130) The 1982 Ozone Air Quality Plan for Santa Barbara County was 
submitted on December 31, 1982 by the Governor's designee.
    (131) [Reserved]
    (132) Revised regulations for the following APCDs submitted on June 
28, 1982, by the Governor's designee.
    (i) Kern County APCD.
    (A) Amended Rule 425.
    (B) Previously approved on May 3, 1984 and now deleted without 
replacement, Rule 425.
    (133) The enabling legislation, Chapter 892, Statutes of 1982, 
(Senate Bill No. 33) for a California motor vehicle inspection and 
maintenance program and the California Air Resources Board's Executive 
Order G-125-15 submitted on September 17, 1982 by the Governor's 
designee.
    (134) A schedule to implement the California motor vehicle 
inspection and maintenance (I/M) program, the California Air Resources 
Board's Executive Order G-125-33, and local resolutions and requests 
from the Bay Area Air Quality Management District, Sacramento County 
APCD, Placer County APCD, Yolo-Solano APCD, San Diego County APCD, South 
Coast Air Quality Management District and Ventura County APCD to have 
the State implement the I/M program, submitted on July 26, 1983 by the 
Governor's designee.
    (135) The 1982 Ozone and CO Air Quality Plan for the San Francisco 
Bay Air Basin was submitted on February 4, 1983 by the Governor's 
designee.
    (136) The 1982 Ozone and CO Air Quality Plan for the San Diego Air 
Basin was submitted on February 28 and August 12, 1983 by the Governor's 
designee.
    (137) Revised regulations for the following APCDs was submitted on 
July 19, 1983 by the Governor's designee.
    (i) Kern County APCD.
    (A) New or amended Rules 301.1 and 302.
    (B) Amended Rule 410.1
    (C) Previously approved on February 1, 1984 in paragraph 
(c)(137)(i)(A) of this section and now deleted without replacement, 
Rules 301.1 and 302 (including Southeast Desert).
    (ii) Merced County APCD.
    (A) New or amended Rules 104, 108, 113, 202, 209.1, 301, 305, 407 
and 519.
    (B) Amended Rule 409.1.
    (C) New or amended Rules 409.4, 409.5, 411 and 411.1.
    (D) Previously approved on February 1, 1984 and now deleted without 
replacement Rules 305 and 319.
    (E) Previously approved on February 1, 1984 in paragraph 
(c)(137)(ii)(A) of this section and now deleted without replacement, 
Rules 104, 113, and 301 (paragraphs a, b, and h).
    (iii) Sacramento County APCD.
    (A) New or amended Rule 7.
    (B) Amended Rule 17.
    (iv) San Diego County APCD.
    (A) New or amended Rules 10 and 40.
    (B) Amended Rules 67.3, 67.4 and 67.6.
    (C) Previously approved on February 1, 1984 and now deleted without 
replacement Rule 40.
    (v) San Luis Obispo County APCD.
    (A) New or amended Rule 212.
    (vi) Shasta County APCD.
    (A) New or amended Rules 2.18, 3.4, and 3.15.
    (B) Amended Rules 3.3(b), 3.4(d) and 3.15(c).
    (C) Previously approved on February 1, 1984 in paragraph 
(c)(137)(vi)(A) of this section and now deleted without replacement Rule 
2.18.
    (vii) South Coast AQMD.
    (A) New or amended Rules 502, 1207 and deletion of 301.1.
    (B) New or amended Rules 301, 301.1, 301.2 and 431.1.
    (C) Previously approved on February 1, 1984 and now deleted without 
replacement Rule 502.
    (D) Previously approved on February 1, 1984 and now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District Rule 1207.
    (E) Previously approved on October 19, 1984 in paragraph 
(c)(137)(vii)(B) of this section and now deleted without replacement 
Rules 301, 301.1, and 301.2.
    (F) Previously approved on October 19, 1984 in paragraph 
(c)(137)(vii)(B) of this section and now deleted without replacement for 
implementation in the Antelope Valley Air Pollution Control District, 
Rules 301 to 301.2.
    (G) Previously approved on February 1, 1984 in paragraph 
(c)(137)(vii)(A) of this section and now deleted without

[[Page 226]]

replacement for implementation in the Mojave Desert Air Quality 
Management District (Riverside County) Rule 1207.
    (H) Previously approved on February 1, 1984 in paragraph 
(c)(137)(vii)(A) of this section and now deleted without replacement for 
implementation in the South Coast Air Quality Management District Rule 
1207.
    (viii) Ventura County APCD.
    (A) Amended Rule 41.
    (B) Previously approved on February 1, 1984 and now deleted without 
replacement Rule 41.
    (ix) Monterey Bay Unified APCD.
    (A) Amended Rule 426.
    (x) Placer County APCD (Mountain Counties Air Basin portion).
    (A) Amended Rule 218.
    (xi) Fresno County APCD.
    (A) Amended Rule 409.4.
    (138) Revised regulations for the following APCDs was submitted on 
April 11, 1983 by the Governor's designee.
    (i) Butte County APCD.
    (A) Amended Rules 1-36, 4-2, 4-3, 4-11, and 5-3.
    (B) Previously approved on November 18, 1983 in paragraph (i)(A) of 
this section and now deleted without replacement Rules 4-3 and Rule 4-
11.
    (C) Previously approved on November 18, 1983 in paragraph 
(c)(138)(i)(A) of this section and now deleted without replacement, 
Rules 4-2, 4-11, and 5-3.
    (ii) El Dorado County APCD.
    (A) New or amended Rules 203, 206, 207, 209-212, 221-226, 521, 609-
612 and 700-703.
    (B) Amended Rules 214-220.
    (C) New Rule 213.
    (D) Previously approved on November 18, 1983 and now deleted without 
replacement Rule 521.
    (E) Previously approved on November 18, 1983 in paragraph 
(c)(138)(ii)(A) of this section and now deleted without replacement, 
Rules 609 to 612 (Mountain Counties Air Basin).
    (F) Previously approved on November 18, 1983 in paragraph 
(c)(138)(ii)(A) of this section and now deleted without replacement 
Rules 700, 702, and 703 (Mountain Counties Air Basin).
    (iii) Fresno County APCD.
    (A) New or amended Rule 301.
    (B) Previously approved on November 18, 1983 in paragraph 
(c)(138)(iii)(A) of this section and now deleted without replacement, 
Rule 301.
    (iv) Lake County APCD.
    (A) New or amended Rules 900 and 902.
    (B) Previously approved on November 18, 1983 in paragraph 
(c)(138)(iv)(A) of this section and now deleted without replacement, 
Rules 900 and 902.
    (v) Madera County APCD.
    (A) New or amended Rules 103-117, 301-305, 401-405, 421-425, 501-
503, 519, 606, 610 and 611.
    (B) Amended Rules 409, 410, and 417-419.
    (C) New or amended Rules 406, 407, 408, 411 and 420.
    (D) Previously approved on November 18, 1983 and now deleted without 
replacement Rules 305 and 502 to 503.
    (E) Previously approved on November 18, 1983 in paragraph 
(c)(138)(v)(A) of this section and now deleted without replacement, 
Rules 105, 108, 111, and 301 to 304.
    (vi) Monterey Bay Unified APCD.
    (A) New or amended Rules 200, 201(p), 501, 503, 506, 507 and 508.
    (B) Amended Rule 425.
    (vii) Ventura County APCD.
    (A) New or amended Rule 59c.
    (viii) Kern County APCD.
    (A) Amended Rule 414.1.
    (ix) Kings County APCD.
    (A) Amended Rule 410.1.
    (139) Amendments to ``Chapter 27--California Lead Control Strategy'' 
was submitted on April 8, 1983 by the Governor's designee.
    (140) Revised regulations for the following APCDs were submitted on 
August 30, 1983 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) Amended Regulation 3: Rules 3-100 through 3-103, 3-200 through 
3-211, 3-300 through 3-313 and 3-400 through 3-409.
    (B) New Regulation 8, Rule 30.
    (C) Previously approved on May 3, 1984 and now deleted without 
replacement Rule 3-301.
    (D) Previously approved on May 3, 1984 in paragraph (c)(140)(i)(A) 
of this section and now deleted without replacement, Regulation 3: Rules 
3-100 through 3-103, 3-200 through 3-211, 3-300, 3-302 through 3-313, 
and 3-400 through 3-409.

[[Page 227]]

    (ii) Kern County APCD.
    (A) New or amended Rules 405, 408, 409, and 424.
    (B) Previously approved on May 3, 1994 and now deleted without 
replacement for implementation in the Southeast Desert Air Basin, Rule 
408.
    (C) Previously approved on May 3, 1984 and now deleted without 
replacement for implementation in the Southeast Desert Air Basin Rule 
424.
    (iii) Stanislaus County APCD.
    (A) New or amended Rules 109 and 213.
    (B) Amended Rule 409.1.
    (C) Previously approved on May 3, 1984 in paragraph (c)(140)(iii)(A) 
of this section and now deleted without replacement, Rule 109.
    (iv) Yolo-Solano APCD.
    (A) Amended Rule 2.13(1).
    (141) The 1982 CO Air Quality Plan for the Lake Tahoe Air Basin was 
submitted on December 20, 1982 by the Governor's designee.
    (142) The 1982 ozone and CO Air Quality Plan for the Sacramento 
nonattainment area submitted on January 10, 1984 by the Governor's 
designee, except for the attainment and RFP demonstration portions of 
the ozone plan.
    (143) Revisions to the 1982 ozone and CO Air Quality Plan for the 
Sacramento nonattainment area submitted on February 10, 1984.
    (144) The 1982 Ozone and CO Air Quality Management Plan for the 
South Coast Air Basin submitted on December 31, 1982 and subsequently 
amended on February 15, and June 28, 1984 by the Governor's designee, 
except for:
    (i) The attainment and RFP demonstration portions of the plan.
    (ii) The emission reduction credit for the New Source Review control 
measure.
    (145) The 1982 Ozone Air Quality Management Plan for Ventura County 
submitted on December 31, 1982 by the Governor's designee except for the 
attainment and RFP demonstration portions of the plan.
    (146) The 1982 Ozone and CO Clean Air Plan for the Fresno 
nonattainment area submitted on December 1, 1982 by the Governor's 
designee, except for the attainment and RFP demonstration portions of 
the plans.
    (147) [Reserved]
    (148) Revised regulations for the following APCDs were submitted on 
October 27, 1983 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) New or amended Regulations 6-303.4, 9-1-100, 9-1-101, 9-1-110, 
9-1-200 through 9-1-205, 9-1-300 through 9-1-312, 9-1-400 through 9-1-
404, 9-1-500 through 9-1-503, 9-1-600 through 9-1-605 and 5-401.13.
    (B) Amended Regulation 8, Rules 3, 9, 10, 20, 22, 25 and 28.
    (ii) El Dorado County APCD.
    (A) New or amended Rules 102, 226, 227, and 228.
    (B) New Rules 224 and 225.
    (C) Previously approved on May 3, 1984 in paragraph (c)(148)(ii)(A) 
of this section and now deleted without replacement, Rule 226.
    (iii) Monterey Bay Unified APCD.
    (A) New or amended Rules 407, 410, and 411.
    (B) Previously approved on May 3, 1984 in (c)(148)(iii)(A) of this 
section and now deleted without replacement Rule 407.
    (iv) San Diego County APCD.
    (A) New or amended Rule 68.
    (B) New Rule 67.9.
    (v) Shasta County APCD.
    (A) New or amended Rule 2.6.
    (vi) South Coast AQMD.
    (A) New or amended Rules 1105 and 1111.
    (B) New or amended Rules 1113, 1122, 1136, 1141 and 1145.
    (vii) Ventura County APCD.
    (A) New or amended Rule 30.
    (viii) Madera County APCD.
    (A) Amended Rule 416.
    (149) Revised regulations for the following APCD's submitted on 
January 20, 1983 by the Governor's designee.
    (i) California State.
    (A) New or amended California statewide regulations: Test Procedures 
for Determining the Efficiency of Gasoline Vapor Recovery Systems at 
Service Stations; Certification and Test Procedures for Vapor Recovery 
Systems of Gasoline Delivery Tanks; Test Procedure for Gasoline Vapor 
Leak Detection Using Combustible Gas Detector.
    (150) Revised regulations for the following APCD's submitted August 
2, 1983, by the Governor's designee.
    (i) Kings County APCD.
    (A) New Rule 414.4.

[[Page 228]]

    (ii) Yuba County APCD.
    (A) Amended Rule 3.9.
    (151) [Reserved]
    (152) Amendments to ``Chapter 27--California Lead Control Strategy'' 
were submitted on February 22, 1984 by the Governor's designee.
    (153) Revised regulations for the following APCD's were submitted on 
March 14, 1984 by the Governor's designee.
    (i) Lake County APCD.
    (A) New or amended Rule 602.
    (ii) North Coast Unified AQMD.
    (A) New or amended Rules 100, 120, 130 [Paragraphs (d1) and (s5)], 
160 (except (a) and non-criteria pollutants), 240, 500, 520, 600, 610 
and Appendix B (except (D)(1)(e)).
    (B) New or amended Rules, 130, 130 (b1, m2, n1, p5, s2), 200 (a), 
(b), (c)(1-2), and (d), 220(c), and 260.
    (C) Previously approved on December 5, 1984 and now deleted without 
replacement Rules 600 and 610.
    (D) Previously approved on December 5, 1984 in paragraph 
(c)(153)(ii)(A) of this section and now deleted without replacement, 
Rules 500 and 520.
    (iii) San Diego APCD.
    (A) New or amended Rules 2, 52 and 53.
    (B) Amended Rules 67.0 and 67.1 (deletion).
    (iv) San Joaquin APCD.
    (A) New or amended Rules 110, 202 and 407.
    (B) Amended Rules 409.1 and 409.4.
    (v) Bay Area AQMD.
    (A) New Regulation 8, Rules 31 and 32.
    (vi) Kern County APCD.
    (A) Amended Rule 410.1.
    (vii) South Coast AQMD.
    (A) New or amended Rules 1108.1 and 1141.1.
    (B) New Rule 1158, adopted 12-2-83.
    (C) Previously approved on March 14, 1984 in paragraph 
(c)(153)(vii)(B) of this section and now deleted without replacement for 
implementation in the Antelope Valley Air Quality Management District 
Rule 1158.
    (viii) Ventura County APCD.
    (A) Amended Rule 74.2
    (154) Revised regulations for the following APCD's were submitted on 
April 19, 1984 by the Governor's designee.
    (i) Mendocino County APCD.
    (A) New or amended Regulation 1: Rules 100, 120, 130 [Paragraphs 
(d1) and (s5)], 160 (except (a) and non-criteria pollutants), 240, 500, 
520, 600, 610 and Appendix B (except (D)(1)(e)) and Regulation 2: Rules 
101, 102, 200, 301, 302, 303, 304, 305, 401, 501, and 502.
    (B) New or amended Rules, 130, 200, 220(a)(1&3), (b)(1, 2, 5, and 
7), (c), and 260.
    (C) Previously approved on December 5, 1984 and now deleted without 
replacement Rules 600 and 610.
    (D) Previously approved on December 5, 1984 in paragraph 
(c)(154)(i)(A) of this section and now deleted without replacement, 
Rules 500, 520, and Regulation 2: Rule 502.1.
    (ii) Monterey Bay Unified APCD.
    (A) New or amended Rules 101, 200, 203 and 422.
    (B) Amended Rule 426.
    (iii) Sacramento County APCD.
    (A) New or amended Rules 101, 102, 103, 403-410, 420, 501, 601, 602 
and 701.
    (B) Amended Rules 441, 442, 444-446 and 448-455.
    (C) Previously approved on December 5, 1984 and now deleted without 
replacement Rules 601 and 602.
    (iv) San Luis Obispo County APCD.
    (A) New or amended Rule 105.
    (v) Shasta County APCD.
    (A) New or amended Rules 1:2, 2:2 (repealed), 2:3 (repealed), 2:6 
2:26 (repealed), 2:27 (repealed), and 3:2.
    (B) Amended Rule 3:4, adopted on January 3, 1984.
    (vi) Bay Area AQMD.
    (A) New or amended Regulation 8, Rules 6, 7, 29 and 33.
    (B) Amended Regulation 9, Rule 4 adopted December 7, 1983.
    (vii) South Coast AQMD.
    (A) Amended Rule 1124.
    (B) [Reserved]
    (155) Revised regulations for the following APCD's submitted July 
10, 1984, by the Governor's designee.
    (i) Bay Area AQMD.
    (A) New or amended Regulation 8, Rules 11, 34 and 35.
    (ii) El Dorado County APCD.
    (A) New or amended Rules 215, 216 (deletion), 216 and 217 
(deletion).
    (B) New or amended Rule 217.
    (iii) Madera County APCD.

[[Page 229]]

    (A) New or amended Rules 409 and 410.
    (B) New or amended Rules 203 and 404.
    (iv) South Coast AQMD.
    (A) Amended Rule 1113.
    (B) New or amended Rules 401 and 1305.
    (v) North Coast Unified AQMD.
    (A) New or amended Regulation 2.
    (B) New or amended Rules 130 (b2, m1, p3, and s7), Chapter II, 200 
(c)(3-6) and 220 (a) and (b).
    (C) Previously approved on January 29, 1985 in paragraph 
(c)(155)(v)(A) of this section and now deleted without replacement, 
Regulation 2: Rule 502.
    (D) Previously approved on January 29, 1985 in paragraph 
(c)(155)(v)(A) of this section and now deleted without replacement 
Regulation 2, Rule 2-502.
    (vi) Shasta County APCD.
    (A) Amended Rule 1:2.
    (156) Revised regulations for the following APCD's were submitted on 
October 19, 1984 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) New or amended Rules 2-1 and 8-36.
    (ii) Merced County APCD.
    (A) New or amended Rules 112, 409.1, and 409.4.
    (B) Previously approved on January 29, 1985 in paragraph 
(c)(156)(ii)(A) of this section and now deleted without replacement, 
Rule 112.
    (iii) North Coast Unified AQMD.
    (A) New or amended Rules 160 and 460.
    (B) Amended Rules 130(c, 1) and 240(e).
    (iv) San Diego County APCD.
    (A) New or amended Rules 61.0, 61.2, 61.8, and 67.3.
    (v) Yolo-Solano APCD.
    (A) New or amended Rule 2.21.
    (vi) Northern Sonoma County APCD.
    (A) New or amended Rules 130 (b2, m1, p3, p3a, and s7), Chapter II, 
220(B).
    (vii) South Coast AQMD.
    (A) New or amended Rule 463, adopted 6-1-84 and 1141.2, adopted 7-6-
84.
    (B) Previously approved on January 15, 1987 in paragraph 
(c)(156)(vii)(A) of this section and now deleted without replacement for 
implementation in the Antelope Valley Air Quality Management District 
Rule 1141.2.
    (157) [Reserved]
    (158) Revised regulations for the following Districts were submitted 
on December 3, 1984 by the Governor's designee.
    (i) Mendocino County APCD.
    (A) New or amended Rules 1-160, 1-240, 1-460 and 2-502.2.
    (B) New or amended Rules 130 (b2, m1, p3, s7), Chapter II, 220 
(a)(2) and (b)(3, 4, 6, 8 and 9).
    (C) Previously approved on May 9, 1985 in paragraph (c)(158)(i)(A) 
of this section and now deleted without replacement, Rule 2-502.2.
    (159) Revised regulations for the following APCD's were submitted on 
February 6, 1985 by the Governor's designee.
    (i) Sacramento County APCD.
    (A) Amended Rule 202 (except for a) sections 104 and 105 as they 
apply to volatile organic compounds and nitrogen oxides, b) sections 109 
and 229, and c) the portion of section 405 which concerns stack heights 
[under NSR]).
    (ii) Fresno County APCD.
    (A) New or amended Rules 409.7 and 413.1, adopted on October 2, 
1984.
    (iii) Monterey Bay Unified APCD.
    (A) New or amended Rules 100 to 106, 200 to 206, 208 to 214, 400, 
401, 405, 406, 408 to 415, 417 to 422, 425 to 428, 500 to 506, 600 to 
617, 700 to 713, 800 to 816, and 900 to 904, adopted on December 13, 
1984.
    (B) Previously approved on July 13, 1987 and now deleted without 
replacement Rules 600 to 617 and 800 to 816.
    (C) Previously approved on July 13, 1987 in (c)(159)(iii)(A) of this 
section and now deleted without replacement Rules 405 and 406.
    (D) Previously approved on July 13, 1987 in paragraph 
(c)(159)(iii)(A) of this section and now deleted without replacement, 
Rule 104.
    (E) Previously approved on July 13, 1987 in (c)(159)(iii)(A) of this 
section and now deleted without replacement, Rule 209.
    (F) Previously approved on July 13, 1987 in (c)(159)(iii)(A) of this 
section and now deleted without replacement Rules 409, 410, 411, and 
422.
    (G) Previously approved on July 13, 1987 in paragraph 
(c)(159)(iii)(A) of this section and now deleted without replacement 
Rules 203, 210, and 211.

[[Page 230]]

    (iv) Sacramento County APCD.
    (A) New or amended Rules 201 (sections 100-400), 404 (sections 100-
300), and 443 (sections 100-400), adopted on November 20, 1984.
    (B) Amended Rule 447 adopted November 20, 1984.
    (v) South Coast AQMD.
    (A) New or amended Rules 1104 and 1125, adopted on December 7, 1984.
    (B) Amended Rule 1141, adopted on November 2, 1984.
    (C) Amended Rule 1105 adopted September 21, 1984.
    (D) New Rule 1117 adopted January 6, 1984.
    (E) Previously approved on July 12, 1990 and now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District Rules 1105 and 1117.
    (vi) Stanislaus County APCD.
    (A) New or amended Rules 202(O), 411, and 416.1, adopted on 
September 18, 1984.
    (vii) Yolo-Solano County APCD.
    (A) Amended Rule 2.21.a.7. (a) and (b) adopted November 21, 1984.
    (160) Revised regulations for the following APCD's were submitted on 
April 12, 1985, by the Governor's designee.
    (i) Incorporation by reference. (A) Bay Area AQMD.
    (1) Revisions to Regulation 8, Rule 33, adopted on January 9, 1985.
    (B) San Luis Obispo County APCD.
    (1) New or amended Rules 201, 205, 405, and 406, adopted on November 
13, 1984.
    (C) Shasta County APCD.
    (1) Amended Rule 2:1.514, adopted on May 29, 1984.
    (D) San Diego County APCD.
    (1) New Rule 67.10 adopted January 30, 1985.
    (E) South Coast AQMD.
    (1) Amended Rule 1108 adopted February 1, 1985.
    (161) Revisions to the ozone and carbon monoxide nonattainment area 
plans for the Fresno County portion of the San Joaquin Valley Air Basin 
were submitted by the Governor on June 11, 1984.
    (i) Incorporation by reference. (A) State of California Air 
Resources Board Executive Order G-125-46 adopted May 11, 1984.
    (B) Letters from the County of Fresno to the Bureau of Automotive 
Repair dated March 14, 1984 and February 14, 1984 requesting 
implementation of an I/M program in Fresno County.
    (C) County of Fresno Resolution File Number 18-13 adopted February 
14, 1984.
    (D) Schedule to implement I/M in Fresno County, adopted on February 
14, 1984.
    (ii) Additional information. The State submitted no additional 
information.
    (162) Revised regulations for the following APCD were submitted on 
June 21, 1985 by the Governor's designee.
    (i) Northern Sonoma County APCD.
    (A) Amended Rule 220 (a).
    (163) Rule 1304(e), Resource Conservation and Energy Projects, 
adopted on March 7, 1980, submitted on April 3, 1980 (See Sec. 
52.220(c)(68)(i)), and conditionally approved on January 21, 1981 [See 
Sec. 52.232(a)(3)(i)(A)] is disapproved but only with respect to 
projects whose application for a permit is complete after January 1, 
1986.
    (164) Revised regulations for the following APCD's were submitted on 
October 16, 1985 by the Governor's designee.
    (i) Incorporation by reference. (A) Amador County APCD.
    (1) New or amended Rules 301-319 and 501, adopted 6/16/81; and Rules 
502-514 and 517-521, adopted 1/8/80.
    (2) Previously approved on April 17, 1987 in paragraph 
(c)(164)(i)(A)(1) of this section and now deleted without replacement, 
Rules 318, 319, and 509.
    (3) Previously approved on April 17, 1987 in paragraph 
(c)(164)(i)(A)(1) of this section and now deleted without replacement 
Rules 504, 506, 519, and 520.
    (B) Northern Sonoma County APCD.
    (1) Amended Rules 100, 120, 130 (d1 and s5), 500, 520, 600, and 610, 
adopted 2/22/84, and amended Rule 200(a), adopted 7/19/83.
    (2) Appendices A and B adopted on February 22, 1984.
    (3) Previously approved on April 17, 1987 in paragraph 
(c)(164)(i)(B)(1) of this section and now deleted without replacement, 
Rules 500 and 520.
    (C) Ventura County APCD.
    (1) Amended Rules 15, 54, 61, 64, 67, 69, 70, 74.3, 74.4, 74.5, 
74.6, 74.8, 80, and 103, revised 7/5/83.

[[Page 231]]

    (2) Previously approved and now removed (without replacement), Rule 
84.
    (3) Previously approved on April 17, 1987 and now deleted without 
replacement Rule 61.
    (4) Rule 74.11 adopted on April 9, 1985.
    (D) Yuba County APCD.
    (1) Amended Rules 1.1, 2.0, 2.1, 2.3, 2.5, 2.6, 2.7, 2.9, 2.11, and 
2.16, adopted 3/5/85.
    (E) South Coast Air Quality Management District.
    (1) Rule 1150.1, adopted on April 5, 1985.
    (165) Revised regulations for the following APCD's were submitted by 
the Governor's designee on November 12, 1985.
    (i) Incorporation by reference. (A) Northern Sonoma County APCD.
    (1) Amended Rule 130 s4, adopted 7/9/85.
    (B) South Coast Air Quality Management District.
    (1) Amended Rule 221, adopted 1/4/85.
    (166) A revised regulation for the following district was submitted 
on December 2, 1983, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast AQMD.
    (1) Amended Rule 466 adopted 10/7/83.
    (167) A revised regulation for the following district was submitted 
on August 1, 1984, by the Governor's designee.
    (i) Incorporation by reference. (A) Ventura County APCD.
    (1) Amended Rule 74.7 adopted 7-3-84.
    (168) Revised regulations for the following APCD's were submitted by 
the Governor's designee on February 10, 1986.
    (i) Incorporation by reference. (A) Butte County APCD.
    (1) New or amended Rules 101, 102, 250, 260, 261, 270, 301, 302, 
303, 304, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 
318, 320, 322, 323, 324, 325, 401, 402, 403, 405, 406, 407, 420, 421, 
422, 423, 425, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 
612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 701, 702, 703, 704, 
801, 802, 901, 902, and 3-3 (repealed), adopted August 6, 1985.
    (2) New or amended Rules 202, 203, 204, 205, 210, 211, 212, 213, 
214, 215, 220, 225, and 231 adopted August 6, 1985.
    (3) Previously approved on February 3, 1987 and now deleted without 
replacement Rules 601 to 618, 620 to 621, and 801 to 802.
    (4) Rule 424, adopted on August 6, 1985.
    (5) Previously approved on February 3, 1987 in paragraph 
(c)(168)(i)(A)(1) of this section and now deleted without replacement, 
Rules 701, 702, 703, and 902.
    (6) Previously approved on February 3, 1987 in paragraph 
(c)(168)(i)(A)(1) of this section and now deleted without replacement 
Rules 423 and 425.
    (B) Lake County APCD.
    (1) New Rules 650D, 651, and 1701Q, adopted December 10, 1985.
    (C) Placer County APCD (Mountain Counties portion).
    (1) Amended Rules 102, 312, 314, 315, 320, 505, 507, 803, 211A 
(repealed), and 219M (repealed), adopted May 20, 1985.
    (2) New or amended Rules 213, 307, and 324 adopted May 20, 1985.
    (3) Previously approved on February 3, 1987 in paragraph 
(c)(168)(i)(C)(1) of this section and now deleted without replacement, 
Rule 803.
    (D) Sutter County APCD.
    (1) Amended Rule 2.5, adopted October 15, 1985.
    (E) Tehama County APCD.
    (1) Amended Rules 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 5.2, 5.3, 5.6, 
5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 5.13, 5.15, 5.16, 5.17, 5.18, 5.20, 
5.21, 5.22, and 5.23, adopted September 19, 1985.
    (2) New or amended Rules 4.3, 4.8, 4.9 (a) and (b), 4.10, and 4.14 
adopted September 10, 1985.
    (3) Previously approved on February 3, 1987 and now deleted without 
replacement Rules 5.2 to 5.3, 5.6 to 5.9, 5.11 to 5.12, 5.13, 5.15 to 
5.18, and 5.20 to 5.23.
    (4) Previously approved on February 3, 1987 in paragraph 
(c)(168)(i)(E)(1) of this section and now deleted without replacement 
Rules 2.12 and 5.10.
    (F) Monterey Bay Unified APCD.
    (1) New or amended Rules 416 and 418 adopted September 18, 1985.
    (2) Rule 204, amended on July 17, 1985.
    (G) San Diego County APCD.
    (1) New or amended Rules 66 (w) and 67.8 (d) adopted September 17, 
1985.
    (H) South Coast AQMD.
    (1) Amended Rule 1159 adopted December 6, 1985.

[[Page 232]]

    (2) Rule 1150.2, adopted on October 18, 1985.
    (3) Previously approved on July 12, 1990 in paragraph (i)(H)(1) of 
this section and now deleted without replacement for implementation in 
the Antelope Valley Air Pollution Control District Rule 1159.
    (169) New and amended regulations submitted on June 4, 1986 by the 
Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rules 404 and 405 adopted on May 7, 1976 and amended on February 
7, 1986. Rule 1112.1 adopted on February 7, 1986.
    (170) Revised regulations for the following APCD's were submitted on 
August 12, 1986, by the Governor's designee.
    (i) Incorporation by reference. (A) Placer County Air Pollution 
Control District.
    (1) Amended rules 101, 201, 305 (Mountain Counties portion), adopted 
May 27, 1986.
    (171) Revised regulations for the following APCD's were submitted on 
November 21, 1986 by the Governor's designee.
    (i) Incorporation by reference. (A) Mendocino County APCD.
    (1) Amended Rule 200(d), adopted on July 8, 1986.
    (B) Placer County APCD.
    (1) New Rule 225, adopted on June 17, 1986.
    (C) San Joaquin County APCD.
    (1) Amended Rules 411.2, 416, and 416.1, adopted on June 24, 1986.
    (D) Shasta County APCD.
    (1) New or amended Rules 1:1, 1:2 (except ``fugitive emissions''), 
2:10, 2:23, 2:26, 2:27, 3:2, 3:3, 4:1, 4:2, and 4:7 adopted on July 22, 
1986.
    (2) Previously submitted to EPA on June 30, 1972 and approved in the 
Federal Register on September 22, 1972 and now removed without 
replacement, Rule 2:13.
    (3) Previously submitted to EPA on July 19, 1974 and approved in the 
Federal Register on August 22, 1977 and now removed without replacement, 
Rules 3:8, 4:7, 4:9, 4:10, 4:11, 4:12, 4:13, 4:15, 4:16, 4:17, 4:18, 
4:20, 4:21, and 4:22.
    (4) Previously submitted to EPA on October 13, 1977 and approved in 
the Federal Register on November 14, 1978 and now removed without 
replacement, Rules 4:14 and 4:19.
    (5) Previously approved on April 12, 1989 and now deleted without 
replacement Rule 4.1.
    (6) Previously approved on April 12, 1989 in paragraph 
(c)(171)(i)(D)(1) of this section and now deleted without replacement 
Rules 2:10, 2:26, 2:27, and 4:7.
    (172) Revised regulations for the following APCD's were submitted on 
March 11, 1987, by the Governor's designee.
    (i) Incorporation by reference. (A) Siskiyou County APCD.
    (1) New or amended Rules 1.1, 1.2 (A3, A4, A8, A9, B3, B4, C1, C5, 
C6, C8, C10, D1, D2, E1, F1, H2, I2, I3, M3, M4, O1, P1, P3, P4, P8, R3, 
R4, R6, S1, S2, S3, S5, S6, T2, V1), 1.3, 1.5, 2.3, 2.7, 2.8, 2.9, 2.10, 
2.11, and 2.12 adopted on November 25, 1986.
    (2) Previously submitted to EPA on February 21, 1972 and approved in 
the Federal Register on May 31, 1972 and now removed without 
replacement, Rule 1.2 (M).
    (3) Previously submitted to EPA on July 25, 1973 and approved in the 
Federal Register on August 22, 1977 and now removed without replacement, 
Rule 2.13.
    (4) Previously approved on April 12, 1989 in paragraph 
(c)(172)(i)(A)(1) of this section and now deleted without replacement 
Rules 2.8 and 2.9.
    (B) Ventura County APCD.
    (1) Amended Rule 23, adopted on October 21, 1986.
    (173) Revised regulations for the following APCD's were submitted on 
June 9, 1987 by the Governor's designee.
    (i) Incorporation by reference. (A) Bay Area AQMD.
    (1) New Rules 2-1-401.6 and 2-1-401.7, adopted January 7, 1987.
    (B) Imperial County APCD.
    (1) New or amended Rules 102, 105, 108, 110, 113, 115, 203, 204, 
205, 210, 401, 402, 403, 420, 421, 422, and 423, adopted November 19, 
1985.
    (2) Previously approved on February 3, 1989 in paragraph 
(c)(173)(i)(B)(1) of this section and now deleted without replacement, 
Rules 105 and 108.
    (3) Previously approved on February 3, 1989 in paragraph 
(c)(173)(i)(B)(1) of

[[Page 233]]

this section and now deleted without replacement Rules 204 and 210.
    (C) Monterey Bay Unified APCD.
    (1) Amended Rule 201 (introductory paragraph and subparagraphs (1) 
through (8.6)), adopted December 17, 1986.
    (2) Rule 200, amended on December 17, 1986.
    (D) Tulare County APCD.
    (1) Amended Rules 110 and 202 (introductory paragraph and 
subparagraphs (a) through (d.7)), adopted May 13, 1986.
    (2) Previously approved on February 3, 1989 in paragraph 
(c)(173)(i)(D)(1) of this section and now deleted without replacement, 
Rule 110.
    (E) San Diego County Air Pollution Control District.
    (1) Amended Rules 61.7 and 61.8, adopted on January 13, 1987.
    (F) South Coast Air Quality Management District.
    (1) Rule 443.1, adopted on December 5, 1986.
    (174) Revised regulations for the following APCD's were submitted on 
September 1, 1987 by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast AQMD.
    (1) Amended Rule 212, adopted May 1, 1987.
    (B) Ventura County APCD.
    (1) Amended Rule 12, adopted June 16, 1987.
    (175) Revised regulations for the following APCD's were submitted on 
November 25, 1987, by the Governor's designee.
    (i) Incorporation by reference. (A) Shasta County AQMD.
    (1) Amended rules 1:2, 2:6.a.4.(c), 2:6.b, 2:7.a, 2:7.c, 
2:8.c.2.(a), 2:8.c.3.(a), 2:8.c.4, and 2:19, adopted on July 28, 1987.
    (2) Previously approved on April 17, 1989 in paragraph 
(c)(175)(i)(A)(1) of this section and now deleted without replacement 
Rule 2:19.
    (B) Tehama County APCD.
    (1) New or amended rules 1:2, 3:1, 3:6(1), 3:11(a), 3:12, 3:13.j, 
3:14(10), 3:15, 4:3, and 4:24, adopted on August 4, 1987.
    (2) Rule 4.22, adopted on August 4, 1987.
    (3) Previously approved on April 17, 1989 in paragraph 
(c)(175)(i)(B)(1) of this section and now deleted without replacement 
Rule 3:15.
    (C) Yolo-Solano APCD.
    (1) Amended rule 3:7(d), adopted on August 12, 1987.
    (176) Revised regulations for the following APCD's were submitted on 
March 23, 1988 by the Governor's designee.
    (i) Incorporation by reference. (A) Siskiyou County Air Pollution 
Control District.
    (1) New and amended rules 4.1, 4.1-1, 4.1-2, 4.2-1, 4.3, 4.4, 4.5, 
4.6, 4.6-1, 4.7, 4.8, 4.9, 4.10, 4.11, 7.1, 7.2, 7.3, 7.4, 7.5-1, 7.5-2, 
7.5-3, 7.6, and 7.7 adopted on October 27, 1987.
    (B) Lake County Air Pollution Control District.
    (1) Amended rules 431.5, 431.7, 432, 432.5, 433, 434, 436.5, 442, 
1105, and 1107 adopted October 20, 1987.
    (2) Previously approved on October 23, 1989 in paragraph 
(c)(176)(i)(B)(1) of this section and now deleted Section 442 (now 
replaced by Section 436).
    (C) Lassen County Air Pollution Control District.
    (1) Amended Articles I, II, III, IV, V, VI, and VII adopted August 
11, 1987.
    (D) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 429 adopted on September 16, 1987.
    (E) South Coast Air Quality Management District.
    (1) Rule 444, adopted on October 2, 1987.
    (177) Revised regulations for the following APCD's were submitted by 
the Governor's designee on February 7, 1989.
    (i) Incorporation by reference. (A) Ventura County Air Pollution 
Control District.
    (1) Amended Rules 2 and 55 adopted May 24, 1988.
    (2) Amended Rule 56 adopted May 24, 1988.
    (3) Previously approved on August 6, 1990 in paragraph 
(c)(177)(i)(A) of this section and now deleted without replacement, Rule 
55.
    (B) Bay Area Air Quality Management District.
    (1) Amended Regulation 4 adopted September 7, 1988.
    (C) Mariposa County Air Pollution Control District.

[[Page 234]]

    (1) Amended Regulation III and Rules 300, 301, 302, 303, 304, 305, 
306, 307, and 308 adopted July 19, 1988.
    (D) Madera County Air Pollution Control District.
    (1) Amended rules 106, 112, 114, 401, 403, 422, 424, 425, 501, 504, 
505, 506, 518, 519, 601, 603, 605, 606, 609, 610, 611, 613, and 614 
adoped on January 5, 1988.
    (2) Previously approved on April 16, 1991 and now deleted without 
replacement Rules 106, 501, 504 to 506, and 519.
    (3) Previously approved on April 16, 1991 in paragraph 
(c)(177)(i)(D)(1) of this section and now deleted without replacement, 
Rule 112.
    (4) Previously approved on April 16, 1991 in paragraph 
(c)(175)(i)(D)(1) of this section and now deleted without replacement 
Rule 518.
    (E) Bay Area Air Quality Management District.
    (1) Rule 8-5 adopted on May 4, 1988.
    (F) Lake County Air Quality Management District.
    (1) Rules 248.5 and 270, adopted on December 6, 1988.
    (2) Section (Rule) 1150, adopted on December 6, 1988.
    (178) [Reserved]
    (179) Revised regulations for the following APCD's were submitted on 
March 26, 1990, by the Governor's designee.
    (i) Incorporation by reference. (A) Kings County Air Pollution 
Control District.
    (1) Amended Rules 417 and 417.1 adopted on February 28, 1989.
    (B) San Bernardino County Air Pollution District.
    (1) Amended Rules 101, 102 (except fugitive liquid leak and fugitive 
vapor leak), 103, 104, 105, and 106 adopted on December 19, 1988.
    (2) Previously approved on November 27, 1990 in paragraph 
(c)(179)(i)(B)(1) of this section and now deleted without replacement, 
Rule 105.
    (C) Bay Area Air Quality Management District.
    (1) Rule 8-44, adopted January 4, 1989.
    (D) Ventura County Air Pollution Control District.
    (1) Rule 74.7, adopted on January 10, 1989.
    (2) Rule 30 adopted on May 30, 1989.
    (E) Siskiyou County Air Pollution Control District.
    (1) Rules 1.2 (except section V1), 1.4, 2.1, 2.2, 2.10. 4.1, 4.6, 
6.1, and Appendix A, adopted on January 24, 1989.
    (2) Rule 4.10 adopted on January 24, 1989.
    (3) Rule 4.3, adopted on January 24, 1989.
    (4) Previously approved on November 4, 1996 in paragraph 
(c)(179)(i)(E)(1) of this section and now deleted without replacement, 
Rule 1.4.
    (5) Previously approved on November 4, 1996 in paragraph 
(c)(179)(i)(E)(1) of this section and now deleted without replacement 
Rule 2.10.
    (F) Lake County Air Quality Management District.
    (1) Rule 1010, adopted on June 13, 1989.
    (2) Section (Rule) 431.5, adopted on June 13, 1989.
    (G) Tuolumne County Air Pollution Control District.
    (1) Rules 101, 102, and Rule 300, adopted November 22, 1988.
    (2) Rules 302 to 310, adopted on November 22, 1988.
    (180) [Reserved]
    (181) New and amended regulations for the following APCD were 
submitted on October 16, 1990, by the Governor's designee.
    (i) Incorporation by reference. (A) Ventura County Air Pollution 
Control District.
    (1) Rule 71.2, adopted on September 26, 1989.
    (182) New and amended regulations for the following APCDs were 
submitted on December 31, 1990, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rules 1175 and 1176, adopted on January 5, 1990.
    (2) Rule 109, adopted on May 5, 1989.
    (3) Rule 108, adopted on April 6, 1990.
    (4) Rule 461, adopted on July 7, 1989.
    (5) Rule 431.2, amended on May 4, 1990.
    (B) Bay Area Air Quality Management District.
    (1) Regulation 8, Rule 8, adopted on November 1, 1989.
    (2) Amended Rule 8-28, adopted September 6, 1989.
    (3) Rule 8-46, adopted July 12, 1989.

[[Page 235]]

    (4) Amended Regulation 8, Rule 16, adopted on August 2, 1989.
    (5) Amended Regulation 8, Rule 11, adopted on September 20, 1989.
    (6) Regulation 2, Rule 1 adopted on November 1, 1989.
    (C) San Luis Obispo County Air Pollution Control District.
    (1) Rule 424, adopted on July 18, 1989.
    (D) Santa Barbara County Air Pollution Control District.
    (1) Amended Rule 323, adopted on February 20, 1990.
    (E) San Diego County Air Pollution Control District.
    (1) Amended Rules 101, 102, 103, and 108, adopted March 27, 1990.
    (2) Previously approved on March 11, 1988 in paragraph 
(c)(182)(i)(E)(1) of this section and now deleted Rules 101, 102, 103, 
and 108 (now replaced by Rule 101).
    (F) Modoc County Air Pollution Control District.
    (1) Rules 4.1-2, 4.6, 4.6-1, and 4.9 adopted on January 3, 1989.
    (2) Rule 4.11, adopted on January 3, 1989.
    (3) Rule 1.2 and Rule 7.1, adopted May 1, 1989.
    (4) Rule 4.1, adopted on January 15, 1989.
    (G) Siskiyou County Air Pollution Control District.
    (1) Rule 4.14, adopted on July 11, 1989.
    (2) Rule 7.1, adopted July 11, 1989.
    (183) New and amended regulations for the following APCD's were 
submitted on April 5, 1991, by the Governor's designee.
    (i) Incorporation by reference. (A) San Diego County Air Pollution 
Control District.
    (1) Rule 67.8, adopted on December 18, 1990.
    (2) Rule 61.9, adopted on March 14, 1989, is now removed without 
replacement as of April 19, 1994.
    (3) Revised Rule 67.3, adopted on October 16, 1990.
    (4) Amended Rule 61.4, adopted on October 16, 1990.
    (5) Amended Rule 67.4, adopted July 3, 1990.
    (6) Amended Rule 61.0, adopted on September 16, 1990.
    (7) New Rule 67.12, adopted December 4, 1990.
    (8) Previously approved on March 24, 1992 and now deleted without 
replacement Rule 67.8.
    (9) Amended Rule 67.18, adopted on July 3, 1990.
    (10) Revised Rules 61.2, 61.3, and 67.5, adopted October 16, 1990.
    (11) Amended Rule 61.1, adopted October 16, 1990.
    (12) Rule 67.6, adopted on October 16, 1990.
    (13) Rule 67.15, adopted on December 18, 1990.
    (B) Ventura County Air Pollution Control District.
    (1) Rules 74.5.1 and 74.5.2, adopted on December 4, 1990.
    (2) Rule 71, adopted on September 11, 1990.
    (3) Rule 74.13, adopted on January 22, 1991.
    (4) Rule 74.16, adopted January 8, 1991.
    (C) Placer County Air Pollution Control District.
    (1) Amended Rule 217, adopted on September 25, 1990.
    (2) Amended Rule 213, adopted on September 25, 1990.
    (3) New Rule 410 and Amended Rule 223, adopted on September 25, 
1990.
    (4) Amended Rule 212, adopted September 25, 1990.
    (5) Rule 216, adopted on September 25, 1990.
    (D) Sacramento Metropolitan Air Quality Management District.
    (1) Amended rules 443, adopted September 25, 1990, and 452, adopted 
August 21, 1990.
    (E)(1) [Reserved]
    (2) Rule 316, adopted on July 10, 1990.
    (F) Bay Area Air Quality Management District.
    (1) Amended Regulation 8, Rule 43, adopted on June 20, 1990.
    (2) Regulation 8, Rule 17, adopted on September 5, 1990.
    (G) [Reserved]
    (H) El Dorado County Air Pollution Control District.
    (1) Regulation IX, Rules 900 through 914, adopted September 18, 
1990.
    (2) Previously approved on October 1, 1999 in paragraph 
(c)(183)(i)(H)(1) of this section and now deleted Rules 900, 901, 902, 
903, and 904 (now replaced by Rule 238).

[[Page 236]]

    (3) Previously approved on October 1, 1999 in paragraph 
(c)(183)(i)(H)(1) of this section and now deleted Rules 905, 906, 907, 
908, 910, 911, and 912 (now replaced by Rule 244).
    (4) Previously approved on October 1, 1999 in paragraph 
(c)(183)(i)(H)(1) of this section and now deleted Rule 909 (now replaced 
by a Negative Declaration adopted on April 3, 2001).
    (5) Previously approved on October 1, 1999 in paragraph 
(c)(183)(i)(H)(1) of this section and now deleted without replacement 
Rule 913.
    (6) Previously approved on October 1, 1999 in paragraph 
(c)(183)(i)(H)(1) of this section and now deleted Rule 914 (now replaced 
by Rule 501).
    (184) New and amended regulations for the following APCDs were 
submitted on May 13, 1991, by the Governor's designee.
    (i) Incorporation by reference. (A) Sacramento Metropolitan Air 
Quality Management District.
    (1) Amended rule 445, adopted November 6, 1990.
    (2) Amended Rules 442, adopted October 2, 1990, and 446, adopted 
December 4, 1990.
    (3) Previously approved on August 20, 1991 and now deleted without 
replacement Rule 445.
    (B) South Coast Air Quality Management District.
    (1) Rules 1102 and 1102.1, adopted on December 7, 1990.
    (2) Rule 465, adopted on December 7, 1990, and Rule 1123, adopted on 
December 7, 1990.
    (3) Rules 1153 and 1164, adopted on January 4, 1991, and December 7, 
1990, respectively.
    (4) New Rule 1174, adopted on October 5, 1990.
    (5) Rule 1103, adopted on December 7, 1990.
    (6) Rule 464, adopted on December 7, 1990.
    (7) Rules 201, 203, 205, 209, 214 to 217 amended on January 5, 1990 
and Rule 201.1 adopted on January 5, 1990.
    (8) Rule 208, adopted on January 5, 1990.
    (9) Previously approved on August 11, 1992 and now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District Rule 1123.
    (10) Rules 1162 and 1173, adopted on December 7, 1990.
    (11) Previously approved on May 13, 1999 in paragraph 
(c)(184)(i)(B)(7) of this section and now deleted without replacement 
Rules 214, 215, and 216.
    (C) Bay Area Air Quality Management District.
    (1) Rule 8-37, adopted on October 17, 1990.
    (2) Regulation 6, adopted on December 19, 1990.
    (D) San Diego County Air Pollution Control District.
    (E) Yolo-Solano Air Quality Management District.
    (1) Rule 2.24, adopted on November 14, 1990.
    (F) Tehama County Air Pollution Control District.
    (1) Rule 1.2, adopted April 25, 1989.
    (2) Rule 3.12, adopted on April 25, 1989.
    (185) New and amended regulations for the following APCD's were 
submitted on May 30, 1991, by the Governor's designee.
    (i) Incorporation by reference. (A) Kern County Air Pollution 
Control District.
    (1) Rules 410.6 and 410.6A, adopted on May 6, 1991.
    (2) Rule 410.5, adopted on May 6, 1991.
    (3) Rule 410.4A, adopted on May 6, 1991.
    (4) Amended Rule 410.1, adopted on May 6, 1991.
    (5) Amended Rules 414 and 414.1 and New Rule 414.5, adopted on May 
6, 1991.
    (6) Revised Rule 410.4, adopted on May 6, 1991.
    (7) Rule 410.3 and Rule 412, adopted on May 6, 1991.
    (8) [Reserved]
    (9) Rule 410.7, adopted May 6, 1991.
    (B) San Diego County Air Pollution Control District.
    (1) Rule 67.2, adopted on May 21, 1991.
    (2) Rule 67.7, adopted on May 21, 1991.
    (3) [Reserved]
    (4) Amended Rule 67.16, adopted on May 21, 1991.
    (5) Rule 67.1, adopted on May 21, 1991.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rules 467.1 and 467.2, adopted on April 11, 1991.
    (2) Rule 460.2, adopted on April 11, 1991.
    (3) New Rule 460.1, adopted on April 11, 1991.

[[Page 237]]

    (4) New Rules 463.4, 464.1, and 464.2, adopted on April 11, 1991.
    (5) New Rule 461.2, adopted on April 11, 1991.
    (6) Amended Rules 465.3 and 466.1, adopted April 11, 1991.
    (7) Previously approved on April 24, 1992 and now deleted without 
replacement Rule 467.1.
    (D) Placer County Air Pollution Control District.
    (1) Amended Rule 215, adopted on September 25, 1990.
    (186) New and amended regulations for the following APCDs were 
submitted on October 25, 1991, by the Governor's designee.
    (i) Incorporation by reference. (A) Sacramento Metropolitan Air 
Quality Management District.
    (1) Amended Rules 447 adopted April 30, 1991.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 468.1, adopted on May 16, 1991.
    (C) South Coast Air Quality Management District.
    (1) Rule 1104, adopted March 1, 1991.
    (D) Ventura County Air Pollution Control District.
    (1) Rule 62.6, adopted on July 16, 1991.
    (2) Rule 103, adopted on June 4, 1991.
    (E) Santa Barbara County Air Pollution Control District.
    (1) Rule 105 adopted on July 30, 1991.
    (F) Northern Sierra Air Pollution Control District.
    (1) Rules 302 to 312, adopted on November 10, 1988.
    (187) New and amended regulations for the following APCDs were 
submitted on January 28, 1992, by the Governor's designee.
    (i) Incorporation by reference. (A) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) Rule 463.1, adopted on September 19, 1991.
    (2) Rule 460.2 adopted on September 19, 1991.
    (3) New Rule 463.2, adopted on September 19, 1991.
    (4) New Rule 460.4, adopted on September 19, 1991.
    (5) Rule 461.1 and Rule 465.2, adopted on September 19, 1991.
    (6) Rule 465.1, adopted on September 19, 1991.
    (B) Ventura County Air Pollution Control District.
    (1) New Rule 74.17, adopted on September 17, 1991.
    (2) Rule 74.1, adopted on November 12, 1991.
    (3) New rules 150 to 159 amended on September 17, 1991.
    (4) Rules 26.A (``General''), 26.8 and 26.9 adopted on October 22, 
1991.
    (5) Previously approved on October 4, 1994 in paragraph 
(c)(187)(i)(B)(1) of this section and now deleted without replacement, 
Rule 74.17.
    (C) South Coast Air Quality Management District.
    (1) Rule 1142, adopted on June 19, 1991.
    (2) Rule 1135, adopted on July 19, 1991.
    (3) Previously approved on December 13, 1994 and now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District Rule 1142.
    (D) San Diego County Air Pollution Control District.
    (1) New rules 127, 128, and 130 amended on September 17, 1991.
    (188) New and amended regulations for the following APCDs were 
submitted on June 19, 1992, by the Governor's designee.
    (i) Incorporation by reference. (A) Santa Barbara County Air 
Pollution Control District.
    (1) Rule 339, adopted on November 5, 1991.
    (2) Rule 331, adopted on December 10, 1991.
    (3) Rule 342, adopted on March 10, 1992.
    (4) Rule 329, adopted on February 25, 1992.
    (B) San Bernardino County Air Pollution Control District.
    (1) Rule 1116, adopted on March 2, 1992.
    (C) South Coast Air Quality Management District.
    (1) Rule 1171, adopted on August 2, 1991.
    (2) Rule 465, amended on November 1, 1991.
    (D) Ventura County Air Pollution Control District.
    (1) Rule 74.18, adopted on January 28, 1992.
    (2) Rule 74.6, adopted on December 10, 1991.

[[Page 238]]

    (3) Rule 74.3, adopted on December 10, 1991.
    (4) Rule 29 adopted on October 22, 1991.
    (E) [Reserved]
    (F) Sacramento Metropolitan Air Quality Management District.
    (1) Rules 448 and 449 adopted on December 17, 1991.
    (189) New and amended regulations for the following APCDs were 
submitted on September 14, 1992, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rule 1115, adopted on March 6, 1992.
    (2) Rule 1126, adopted on March 6, 1992.
    (3) Rule 1128, adopted on February 7, 1992, and Rule 1141, adopted 
on April 3, 1992.
    (4) Rules 1125 and 1136, adopted on August 2, 1991.
    (5) New Rule 1179, adopted March 6, 1992.
    (6) Rule 109 adopted on March 6, 1992, and Rule 1106.1 adopted on 
May 1, 1992.
    (7) Rule 1141.1, adopted on November 4, 1983 and amended on March 6, 
1992.
    (8) Previously approved on December 20, 1993 in paragraph 
(c)(189)(i)(A)(3) of this section and now deleted without replacement 
for implementation in the Antelope Valley Air Quality Management 
District Rule 1141.
    (B) Ventura County Air Pollution Control District.
    (1) Rule 71.1 and Rule 71.3, adopted on June 16, 1992.
    (2) Rule 74.10, adopted on June 16, 1992.
    (3) Rule 74.14, adopted on May 26, 1992.
    (C) Bay Area Air Quality Management District.
    (1) Rule 8-49, adopted on August 21, 1992.
    (2) Regulation 9 Rule 1, amended on May 20, 1992.
    (190) New and amended regulations for the following APCDs were 
submitted on November 12, 1992, by the Governor's designee.
    (i) Incorporation by reference. (A) Ventura County Air Pollution 
Control District.
    (1) Revised Rule 74.19, adopted August 11, 1992.
    (2) Rule 74.2 revised on August 11, 1992.
    (3) Rule 24 adopted on September 15, 1992.
    (B) Bay Area Air Quality Management District.
    (1) Rule 8-18, adopted on March 4, 1992.
    (C) El Dorado County Air Pollution Control District.
    (1) Rule 1000 adopted on September 21, 1992.
    (D) Feather River Air Pollution Control District.
    (1) Rule 4.8 adopted on September 14, 1992.
    (E) Kern County Air Pollution Control District.
    (1) Rule 108.2 adopted on July 13, 1992.
    (F) San Bernardino County Air Pollution Control District (now Mojave 
Desert Air Quality Management District).
    (1) Rule 107 adopted on September 14, 1992.
    (G) Santa Barbara County Air Pollution Control District.
    (1) Rule 212 adopted on October 20, 1992.
    (191) New and amended regulations for the following APCDs were 
submitted on January 11, 1993, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rule 1145, adopted on January 10, 1992.
    (B) Santa Barbara County Air Pollution Control District.
    (1) Rule 346, adopted on October 13, 1992.
    (C) San Bernardino County Air Pollution Control District.
    (1) Rule 463, adopted on November 2, 1992.
    (D) Kern County Air Pollution Control District.
    (1) Rule 412.1, adopted on November 9, 1992.
    (192) New and amended regulations for the following APCDs were 
submitted on April 6, 1993, by the Governor's designee.
    (i) Incorporation by reference. (A) Sacramento Air Quality 
Management District.

[[Page 239]]

    (1) Rule 456, adopted on February 23, 1993.
    (2) Rule 454, adopted on February 23, 1993.
    (3) Revised Rule 450, adopted February 23, 1993.
    (193) New and amended regulations for the following APCDs were 
submitted on May 13, 1993, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rule 1106, adopted on August 2, 1991; Rule 1107, adopted on 
August 2, 1991; and Rule 1151, adopted on September 6, 1991.
    (2) Rule 1130 adopted on March 6, 1992.
    (3) Rule 1122, adopted on April 5, 1991.
    (B) San Luis Obispo County Air Pollution Control District.
    (1) Rule 417, adopted February 9, 1993.
    (C) Butte County Air Pollution Control District.
    (1) Rule 241, adopted on January 12, 1993.
    (D) Glenn County Air Pollution Control District.
    (1) Section 51, adopted on March 16, 1993.
    (E) Ventura County Air Pollution Control District
    (1) Rule 26.7 adopted on December 22, 1992.
    (194) New and amended regulations for the following APCDs were 
submitted on November 18, 1993, by the Governor's designee.
    (i) Incorporation by reference. (A) Ventura County Air Pollution 
Control District.
    (1) Rule 70, adopted on May 4, 1993; Rule 71, adopted on June 8, 
1993; and Rule 71.4, adopted on June 8, 1993.
    (2) Rule 59, adopted on September 15, 1992.
    (3) Rule 74.15.1, adopted on May 11, 1993.
    (4) Rule 74.21, adopted on April 6, 1993.
    (5) Rule 74.20, adopted on June 8, 1993.
    (B) Kern County Air Pollution Control District.
    (1) Rule 410.4, adopted on July 12, 1993.
    (2) Rule 425, adopted on August 16, 1993.
    (3) Previously submitted to EPA on June 28, 1982 and approved in the 
Federal Register on May 3, 1984 and now removed without replacement, 
Rule 425.
    (4) Rule 424 adopted on April 19, 1993.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4603, adopted on May 20, 1993.
    (2) Rule 4621, adopted on May 20, 1993.
    (3) Rule 4802, adopted on May 21, 1992, and amended on December 17, 
1992.
    (4) Rules 2031, 2070, 2080, and 2092 adopted on May 21, 1992 and 
amended on December 17, 1992.
    (5) Rule 4201, adopted on December 17, 1992.
    (D) Santa Barbara County Air Pollution Control District.
    (1) Rule 349, adopted on April 27, 1993.
    (E) San Diego County Air Pollution Control District.
    (1) Rule 67.12, adopted on April 6, 1993.
    (2) Amended Rule 19, adopted April 6, 1993.
    (F) Monterey Bay Unified Air Pollution Control District
    (1) Rule 417, Rule 418, and Rule 427, adopted on August 25, 1993.
    (2) Rule 425, adopted on August 25, 1993.
    (3) Rule 420 and Rule 426, adopted on August 25, 1993.
    (4) Previously submitted to EPA on February 6, 1975 and approved in 
the Federal Register on July 13, 1987 and now removed without 
replacement, Rule 428.
    (5) Rule 300--Regulation 3, Part 4, Paragraph 4.4 adopted on June 9, 
1993.
    (G) Mendocino County Air Quality Management District.
    (1) Rule 130 (p6), (t2), and (t3) adopted April 6, 1993.
    (2) Rule 400(b) adopted on April 6, 1993.
    (H) South Coast Air Quality Management District.
    (1) Rule 403.1, adopted on January 15, 1993.
    (I) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 105 adopted on April 20, 1993.
    (J) Yolo-Solano Air Quality Management District.
    (1) Rule 3.18 adopted on July 28, 1993.
    (195) New and amended regulations for the following APCDs were 
submitted on February 11, 1994, by the Governor's designee.

[[Page 240]]

    (i) Incorporation by reference. (A) San Diego Air Pollution Control 
District.
    (1) Rule 67.17, adopted on September 21, 1993.
    (B) Ventura County Air Pollution Control District.
    (1) Rule 74.22, adopted on November 9, 1993.
    (2) Rule 59, adopted on October 12, 1993.
    (196) New and amended regulations for the following APCDs were 
submitted on March 29, 1994 by the Governor's designee.
    (i) Incorporation by reference. (A) Sacramento Metropolitan Air 
Quality Management District.
    (1) Sacramento Metropolitan AQMD rules 442, 443, 446, 447, and 452 
adopted on November 16, 1993.
    (B) Ventura County Air Pollution Control District.
    (1) Rule 74.9, adopted on December 21, 1993.
    (2) Rule 15.1 adopted on October 12, 1993.
    (C) Santa Barbara County Air Pollution Control District.
    (1) Rule 316, adopted on December 14, 1993.
    (2) Rules 325 & 326, adopted on January 25, 1994 and December 14, 
1993, respectively.
    (3) Rule 343, adopted on December 14, 1993.
    (D) Yolo-Solano Air Quality Management District.
    (1) Rule 3.2, adopted on August 25, 1993; and rules 3.14 and 3.15, 
adopted on September 22, 1993.
    (E) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 213, amended on February 16, 1994.
    (F) [Reserved]
    (4) Rule 401, adopted on April 18, 1972 and amended on November 29, 
1993.
    (197) New and amended regulations for the following APCDs were 
submitted on May 24, 1994, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rules 1162, 1173, 1175 and 1176, adopted on May 13, 1994.
    (2) Rule 463, adopted on March 11, 1994.
    (B) Bay Area Air Quality Management District.
    (1) Rule 8-6, adopted on February 2, 1994. Rule 8-5, adopted on 
January 20, 1993.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4622, adopted on February 17, 1994.
    (2) Rule 4681, adopted on December 16, 1993.
    (3) Rules 4302 and 4303, adopted on May 21, 1992 and amended on 
December 16, 1993.
    (4) Rule 4103, adopted on December 16, 1993.
    (5) Rule 1081, originally adopted on April 11, 1991 and amended on 
December 16, 1993.
    (6) Rule 2050, ``Cancellation of Application,'' adopted on May 21, 
1992 and amended on December 16, 1993.
    (D) Ventura County Air Pollution Control District.
    (1) Rule 74.24, adopted on March 8, 1994.
    (2) Rule 56, adopted on October 22, 1968, as amended on March 29, 
1994.
    (E) El Dorado County Air Pollution Control District.
    (1) Rules 501, 523, 524, and 525 adopted on April 26, 1994.
    (198) New and amended regulations for the following APCDs were 
submitted on July 13, 1994, by the Governor's designee.
    (i) Incorporation by reference. (A) Bay Area Air Quality Management 
District.
    (1) Revised Rule 8-8, adopted on June 15, 1994.
    (B) Placer County Air Pollution Control District.
    (1) Rule 230, adopted on June 28, 1994.
    (2) Rule 229, adopted on June 28, 1994.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4407, adopted on May 19, 1994.
    (2) Rule 4682 adopted on June 16, 1994 and Rule 4684 adopted on May 
19, 1994.
    (3) Rule 4607, adopted on May 19, 1994.
    (D) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 458, adopted on June 7, 1994.
    (E) Mojave Desert Air Quality Management District.
    (1) Rules 461 and 462, adopted on May 25, 1994.
    (2) Rule 1117 adopted June 22, 1994.

[[Page 241]]

    (F) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 430, adopted on May 25, 1994.
    (2) Rule 416, adopted April 20, 1994.
    (G) [Reserved]
    (H) South Coast Air Quality Management District.
    (1) Rule 1146 and Rule 1146.1, adopted May 13, 1994.
    (I) San Diego County Air Pollution Control District.
    (1) Rule 67.10, adopted on June 15, 1994.
    (2) Rule 60 adopted on May 17, 1994.
    (J) Ventura County Air Pollution Control District.
    (1) Rule 74.28, adopted on May 10, 1994.
    (2) Rule 74.30 adopted May 17, 1994.
    (3) Rule 64, amended June 14, 1994.
    (4) Rule 54, amended on June 14, 1994.
    (K) Santa Barbara County Air Pollution Control District.
    (1) Rule 354, adopted June 28, 1994.
    (2) Rule 359, adopted on June 28, 1994.
    (199) New and amended regulations for the following APCDs were 
submitted on September 28, 1994 by the Governor's designee.
    (i) Incorporation by reference. (A) Bay Area Air Quality Management 
District.
    (1) Regulation 8, Rules 11 and 16 adopted on June 15, 1994, and 
Regulation 8, Rule 28 adopted on June 1, 1994.
    (2) Regulation 8, Rules 14 and 43 adopted on June 1, 1994, and 
regulation 8, Rules 13, 23, 47 adopted on June 15, 1994.
    (3) Rules 8-25 and 8-42, adopted on June 1, 1994 and Rule 8-50, 
adopted on June 15, 1994.
    (4) Rule 8-22, adopted on June 1, 1994.
    (5) Rules 8-29, 8-33, and 8-39, adopted on June 1, 1994, and Rules 
8-19 and 8-38, adopted on June 15, 1994.
    (6) Rules 8-4, 8-7, 8-15, 8-31, and 8-41 adopted on June 1, 1994. 
Rules 8-1, 8-2, 8-12, 8-20, 8-24, 8-30, 8-34, 8-35, and 8-40 adopted on 
June 15, 1994. Rule 8-32 adopted on July 6, 1994.
    (7) [Reserved]
    (8) Regulation 2, Rule 2 and Rule 4 adopted on June 15, 1994.
    (B) San Luis Obispo County Air Pollution Control District.
    (1) Rule 419, adopted July 12, 1994.
    (C) Monterey Bay Unified Air Pollution Control District.
    (1) Rules 433 and 434, adopted June 15, 1994.
    (D) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4352, adopted on September 14, 1994.
    (2) Rule 4354, adopted on September 14, 1994.
    (3) Rules 6010, 6020, 6040, 6050, 6060, 6070, 6080, 6081, 6090, 
6100, 6110, 6120, 6130, 6140, and 6150 were adopted on May 21, 1992; 
amended on December 17, 1992.
    (4) Rule 4301, adopted on May 21, 1992, as amended on December 17, 
1992.
    (5) Rule 1010 adopted on June 18, 1992 and Rule 1130 adopted on June 
18, 1992 and amended on December 17, 1992.
    (6) Rules 1110, 1140, 1150, 2010, and 2040 amended on December 17, 
1992.
    (7) Rule 4202, adopted on December 17, 1992.
    (8) Rule 1080, originally adopted on June 18, 1992 and amended on 
December 17, 1992.
    (9) Previously approved on June 3, 1999 in paragraph 
(c)(199)(i)(D)(6) of this section and now deleted without replacement 
Rule 2040.
    (E) Yolo-Solano Air Quality Management District.
    (1) Rule 2.34, adopted on July 13, 1994.
    (2) Rule 2.32 adopted on August 10, 1994.
    (200) Program elements were submitted on November 13, 1992 by the 
Governor's designee.
    (i) Incorporation by reference. (A) Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program, adopted on 
October 15, 1992.
    (201) A plan for the following agency was submitted on November 7, 
1994 by the Governor's designee.
    (i) Incorporation by reference. (A) California Air Resources Board.
    (1) California's Opt-out Program, Executive Order G-125-145, dated 
November 7, 1994.
    (202) New and amended regulations for the following APCDs were 
submitted on October 19, 1994, by the Governor's designee.
    (i) Incorporation by reference. (A) Bay Area Air Quality Management 
District.
    (1) Rule 2-1-249, adopted on June 15, 1994.
    (B) Kern County Air Pollution Control District.

[[Page 242]]

    (1) Rule 425.3, adopted on October 13, 1994.
    (2) Rule 425.1 adopted on October 13, 1994.
    (C) San Diego County Air Pollution Control District. (1) Rule 67.4, 
adopted on September 27, 1994.
    (2) Rule 67.16, adopted on September 20, 1994.
    (3) Rule 69.2, adopted on September 27, 1994.
    (4) Rule 68, adopted on September 20, 1994.
    (5) Rule 69.4, adopted on September 27, 1994.
    (6) Rule 69.3, adopted on September 27, 1994.
    (D) Mojave Desert Air Quality Management District.
    (1) Rule 464, adopted August 24, 1994.
    (E) Placer County Air Pollution Control District.
    (1) Rule 250, adopted on October 17, 1994.
    (2) Rule 233, adopted on October 6, 1994.
    (F) Yolo-Solano Air Quality Management District.
    (1) Rule 3.1, adopted on February 23, 1994.
    (2) Previously approved on July 7, 1997 in paragraph 
(c)(202)(i)(F)(1) of this section and now deleted without replacement 
Rule 3.1, paragraphs 403 and 406.
    (203) New and amended regulations for the following APCDs were 
submitted on October 20, 1994, by the Governor's designee.
    (i) Incorporation by reference. (A) El Dorado County Air Pollution 
Control District.
    (1) Rule 233 adopted on October 18, 1994.
    (2) Rule 229 adopted on September 27, 1994.
    (204) New and amended plans and regulations for the following 
agencies were submitted on November 15, 1994, by the Governor's 
designee.
    (i) Incorporation by reference. (A) California Air Resources Board.
    (1) Title 17, California Code of Regulations, Subchapter 8.5, 
Consumer Products, Article 1, Antiperspirants and Deodorants, Sections 
94500-94506.5 and Article 2, Consumer Products, Sections 94507-94517, 
adopted on December 27, 1990, August 14, 1991, and September 21, 1992.
    (2) Title 13, California Code of Regulations, Diesel Fuel 
Regulations, Sections 2281-2282, adopted on August 22, 1989, June 21, 
1990, April 15, 1991, October 15, 1993, and August 24, 1994.
    (3) Title 13, California Code of Regulations, Reformulated Gasoline 
Regulations, Sections 2250, 2252, 2253.4, 2254, 2257, 2260, 2261, 
2262.1, 2262.2, 2262.3, 2262.4, 2262.5, 2262.6, 2262.7, 2263, 2264, 
2266-2272, and 2296, 2297, adopted on April 1, 1991, May 23, 1991, and 
September 18, 1992.
    (4) Long Term Measures, Improved Control Technology for Light-Duty 
Vehicles (Measure M2), Off-Road Industrial Equipment (Diesel), Consumer 
Products Long-Term Program (Measure CP4), and Additional Measures 
(Possible Market-Incentive Measures and Possible Operational Measures 
Applicable to Heavy-Duty Vehicles), as contained in ``The California 
State Implementation Plan for Ozone, Volume II: The Air Resources 
Board's Mobile Source and Consumer Products Elements,'' adopted on 
November 15, 1994.
    (5) Mid-Term Measures, Accelerated Ultra-Low Emission Vehicle (ULEV) 
requirement for Medium-Duty Vehicles (Measure M3), Heavy-Duty Vehicles 
NOX regulations (Measure M5), Heavy-Duty Gasoline Vehicles 
lower emission standards (Measure M8), Industrial Equipment, Gas & LPG--
3-way catalyst technology (Measure M11), Mid-Term Consumer Products 
(Measure CP-2), as contained in The California State Implementation Plan 
for Ozone, Volume II: The Air Resources Board's Mobile Source and 
Consumer Products Elements, adopted on Nov. 15, 1994.
    (6) State control measures: Accelerated Retirement of LDV's (Measure 
M1), Early Introduction of 2g/bhp-hr Heavy Duty Diesel Vehicles (Measure 
M4), Accelerated Retirement of Heavy-Duty Vehicles (Measure M7), Aerosol 
Paints (Measure CP3), and California Department of Pesticide 
Regulation's Pesticide Plan, as contained in ``The California State 
Implementation Plan for Ozone, Volume II: The Air Resources Board's 
Mobile Source and Consumer Products Elements,'' adopted on November 15, 
1994, and tables of

[[Page 243]]

local agency control measures and revisions to local Rate-of-Progress 
plan elements as contained in ``The California State Implementation Plan 
for Ozone, Volume IV: ``Local Plans,'' adopted on November 15, 1994.
    (7) Previously approved on August 21, 1995, in paragraph 
(c)(204)(i)(A)(3) of this section, and now deleted without replacement: 
Title 13, California Code of Regulations, Reformulated Gasoline 
Regulations, sections 2262.1, 2262.2, and 2262.7.
    (B) South Coast Air Quality Management District.
    (1) Long Term Measures, Advance Technology for Coating Technologies 
(Measure ADV-CTS-01), Advance Technology for Fugitives (Measure ADV-
FUG), Advance Technologies for Process Related Emissions (Measure ADV-
PRC), Advance Technologies for Unspecified Stationary Sources (Measure 
ADV-UNSP), and Advance Technology for Coating Technologies (Measure ADV-
CTS-02), as contained in the ``1994 Air Quality Management Plan,'' 
adopted on September 9, 1994.
    (2) Control measures, emissions inventory, modeling, and ozone 
attainment demonstration, as contained in ``1994 Air Quality Management 
Plan,'' adopted on September 9, 1994.
    (C) San Diego Air Pollution Control District.
    (1) Emissions inventory, 15% Rate-of-Progress plan, Post-1996 Rate-
of-Progress plan, modeling, and ozone attainment demonstration, as 
contained in ``1994 Ozone Attainment and Rate-of-Progress Plans for San 
Diego County,'' adopted on November 1, 1994.
    (D) San Joaquin Valley Unified Air Pollution Control District.
    (1) Control measures, emissions inventory, 15% Rate-of-Progress 
plan, Post-1996 Rate-of-Progress plan, modeling, and ozone attainment 
demonstration, as contained in ``San Joaquin Valley Attainment and Rate-
of-Progress Plans,'' adopted on November 14, 1994.
    (E) Ventura County Air Pollution Control District.
    (1) Control measures, emissions inventory, 15% Rate-of-Progress 
plan, Post-1996 Rate-of-Progress plan, modeling, and ozone attainment 
demonstration, as contained in ``1994 Air Quality Management Plan for 
Ventura County,'' adopted on November 8, 1994.
    (F) Mojave Desert Air Quality Management District.
    (1) Control measures, emissions inventory, modeling, and ozone 
attainment demonstration, as contained in ``Rate-of-Progress and 
Attainment Demonstration Plans for the Mojave Desert,'' adopted on 
October 26, 1994.
    (205) New and amended plans for the following APCDs were submitted 
on December 28, 1994, by the Governor's designee.
    (i) Incorporation by reference. (A) Kern County Air Pollution 
Control District.
    (1) Emissions inventory, modeling, and ozone attainment 
demonstration, as contained in ``Rate-of-Progress and Attainment 
Demonstration Plans for the Kern County Air Pollution Control 
District,'' adopted on December 1, 1994.
    (B) Bay Area Air Quality Management District.
    (1) Amendments to the San Francisco Bay Area Redesignation Request 
and Maintenance Plan for the National Ozone Standard and 1990 Emissions 
Inventory adopted on September 7, 1994 by the Bay Area Air Quality 
Management District, October 5, 1994 by the Metropolitan Transportation 
Commission, and August 24, 1994 by the Association of Bay Area 
Governments.
    (2) Federal General Conformity Regulation, adopted on September 7, 
1994.
    (206) Amended rule for the following APCD was submitted on November 
23, 1994, by the Governor's designee.
    (i) Incorporation by reference. (A) San Diego County Air Pollution 
Control District.
    (1) Rule 67.3, adopted on November 1, 1994.
    (207) New and amended regulations for the following APCDs were 
submitted on November 30, 1994, by the Governor's designee.
    (i) Incorporation by reference. (A) Placer County Air Pollution 
Control District.
    (1) Rule 223, adopted on October 6, 1994.
    (2) Rules 101, 102, 103, 201, 202, 203, 204, 208, 209, 210, 211, 
213, 214, 217, 219, 220, 221, 222, 225, 226, 228, 406, 407, and 408, 
adopted on October 19, 1993; deletion of 104 for Lake Tahoe Air Basin 
and

[[Page 244]]

Mountain Counties Air Basin submitted on 08/21/ 79 and 10/15/79, 
respectively.
    (B) El Dorado County Air Pollution Control District.
    (1) Rule 224, adopted on September 27, 1994.
    (2) Rule 231, adopted September 27, 1994.
    (3) Rule 215, adopted on September 27, 1994.
    (4) Rules 225 and 230 adopted September 27, 1994.
    (5) Rule 502, adopted on November 8, 1994.
    (C) Yolo-Solano Air Quality Management District.
    (1) Rule 2.21, adopted on March 23, 1994.
    (2) Rule 2.28, adopted on May 25, 1994.
    (3) Rules 2.25 and 2.33, adopted April 27, 1994 and September 14, 
1994, respectively.
    (4) Rule 2.13 adopted May 25, 1994.
    (5) Rule 2.35, adopted on September 14, 1994.
    (6) Rule 2.29, adopted on May 25, 1994.
    (7) Rule 2.31, adopted on April 27, 1994.
    (8) Rule 2.23 adopted on March 23, 1994.
    (D) Mojave Desert Air Quality Management District.
    (1) Rule 1102, adopted October 26, 1994.
    (2) Rule 1104 adopted September 28, 1994.
    (3) Rule 1157 and Rule 1160, adopted on October 26, 1994.
    (E) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 419, adopted on November 23, 1994.
    (2) Appendix G General Conformity, adopted on October 19, 1994.
    (F) Great Basin Unified Air Pollution Control District.
    (1) Regulation XIII, adopted on October 5, 1994.
    (G) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 9110, adopted on October 20, 1994.
    (H) Santa Barbara County Air Pollution Control District.
    (1) Rule 702, adopted on October 20, 1994.
    (I) South Coast Air Quality Management District.
    (1) Rule 1901, adopted on September 9, 1994.
    (208) New and amended regulations for the following APCDs were 
submitted on December 19, 1994, by the Governor's designee.
    (i) Incorporation by reference. (A) Placer County Air Pollution 
Control District.
    (1) Rule 410, adopted on November 3, 1994.
    (2) Rule 212, adopted on November 3, 1994.
    (209) Redesignation Request and Ozone Maintenance Plan for the 
redesignation of the Monterey Bay Unified Air Pollution Control District 
submitted on July 14, 1994 and November 14, 1994, respectively, by the 
Governor's designee.
    (i) Incorporation by reference. (A) Maintenance Plan for the 
redesignation of the Monterey Bay Area adopted on October 19, 1994 by 
the Monterey Bay Unified Air Pollution Control District, October 12, 
1994 by the Association of Monterey Bay Area Governments, and October 6, 
1994 by the Council of San Benito County Governments.
    (210) New and amended regulations for the following APCDs were 
submitted on December 22, 1994 by the Governor's designee.
    (i) Incorporation by reference. (A) Bay Area Air Quality Management 
District.
    (1) Rule 8-45, adopted on November 2, 1994.
    (B) San Diego County Air Pollution Control District.
    (1) Rule 67.18, adopted on December 13, 1994.
    (C) Mojave Desert Air Quality Management District.
    (1) Rule 1103, adopted on December 21, 1994.
    (2) Rule 471, adopted on December 21, 1994.
    (D) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 1002, adopted on November 23, 1994.
    (E) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4651, adopted on December 17, 1992.
    (F) Feather River Air Quality Management District.
    (1) Rule 10.4, adopted on November 7, 1994.

[[Page 245]]

    (G) Placer County Air Pollution Control District.
    (1) Rule 508, adopted on November 3, 1994.
    (H) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 104, adopted on November 3, 1994.
    (211) Revised Clean Air Plans for ozone for the following APCDs 
submitted on November 14, 1994, by the Governor's designee.
    (i) Incorporation by reference. (A) Santa Barbara Air Pollution 
Control District
    (1) TCM-5, Improve Commuter Public Transit Service, adopted on 
November 2, 1994
    (2) Emissions inventory, 15% Rate-of-Progress plan, and control 
measures, as contained in ``1994 Clean Air Plan for Santa Barbara 
County,'' adopted on November 2, 1994.
    (212) Ozone redesignation request for the Bay Area Air Quality 
Management District submitted on November 5, 1993, by the Governor's 
designee.
    (i) Incorporation by reference. (A) Redesignation request for the 
San Francisco Bay Area and the Ozone Maintenance Plan for the National 
Ozone Standard adopted on September 1, 1993 by the Bay Area Air Quality 
Management District, September 22, 1993 by the Metropolitan 
Transportation Commission, and September 16, 1993 by the Association of 
Bay Area Governments.
    (213) California Statewide emission inventory submitted on March 30, 
1995, by the Governor's designee.
    (i) Incorporation by reference. (A) California Air Resources Board.
    (1) 1990 Base-Year Emission Inventory for Ozone Nonattainment Areas 
in California.
    (i) Sacramento, San Diego, San Joaquin Valley, South Coast, 
Southeast desert, Ventura.
    (ii) Santa Barbara.
    (iii) Monterey Bay Area.
    (214) New and amended regulations for the following APCDs were 
submitted on January 24, 1995, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rule 1151, adopted on December 9, 1994.
    (B) San Diego County Air Pollution Control District.
    (1) Rule 61.1 adopted on January 10, 1995.
    (C) Santa Barbara County Air Pollution Control District.
    (1) Rule 337, adopted October 20, 1994.
    (2) Rule 344, adopted on November 10, 1994.
    (D) Ventura County Air Pollution Control District.
    (1) Rule 74.15, adopted on November 8, 1994.
    (2) Rule 74.26 and Rule 74.27, adopted on November 8, 1994.
    (E) Placer County Air Pollution Control District.
    (1) Rule 215, adopted on November 3, 1994.
    (215) New and amended regulations for the following APCDs were 
submitted on February 24, 1995, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rules 1125 and 1126, adopted on January 13, 1995.
    (2) Rule 1153 adopted on January 13, 1995.
    (3) Rule 1106, adopted on January 13, 1995.
    (4) Rule 1164, adopted on January 13, 1995.
    (5) Rule 1124, adopted January 13, 1995.
    (6) Previously approved on July 14, 1995 and now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District Rule 1106.
    (7) Previously approved on June 13, 1995 in paragraph 
(c)(215)(i)(A)(1) of this section and now deleted without replacement 
for implementation in the Antelope Valley Air Quality Management 
District Rules 1125 and 1126.
    (B) Ventura County Air Pollution Control District.
    (1) Rule 74.12 adopted on January 10, 1995.
    (2) Rule 71 and Rule 71.5, adopted on December 13, 1994.
    (3) Rule 74.18 adopted December 13, 1994.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4403, adopted on February 16, 1995.

[[Page 246]]

    (D) Yolo-Solano Air Pollution Control District.
    (1) Rule 2.26 adopted November 9, 1994.
    (2) Rule 2.37 adopted on November 9, 1994.
    (E) Imperial County Air Pollution Control District.
    (1) Rule 925, adopted on November 29, 1994.
    (F) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 421 adopted on December 21, 1994.
    (216) New and amended regulations for the following APCDs were 
submitted on March 31, 1995, by the Governor's designee.
    (i) Incorporation by reference. (A) Mojave Desert Air Quality 
Management District.
    (1) Rule 1116, adopted on February 22, 1995.
    (2) Rule 221, adopted December 21, 1994.
    (3) Rule 1159, adopted on February 22, 1995.
    (4) Rule 1114 adopted February 22, 1995.
    (B) Bay Area Air Quality Management District.
    (1) Amended Regulation 2, Rule 1, Section 129 adopted on February 1, 
1995; Amended Regulation 2, Rule 6, Sections 232, 234, 310, 311, 403, 
404, 420, 421, 422, 423 adopted on February 1, 1995.
    (217) New and amended regulations for the following APCDs were 
submitted on February 28, 1994, by the Governor's designee.
    (i) Incorporation by reference. (A) Bay Area Air Quality Management 
District.
    (1) Amended Regulation 2, Rule 1, Sections 102, 129, 204, 213, 214, 
215, 216, 217, 218, 219, 302, 408, 411 adopted November 3, 1993; and New 
Regulation 2, Rule 6, Sections 206, 207, 210, 212, 213, 214, 218, 222, 
230, 231, 301, 311, 401, 402, 403, 404, 420, 421, 422, 602 adopted 
November 3, 1993.
    (B) Lake County Air Pollution Control District.
    (1) New Regulation 12, section 12.200 (a4), (c2), (d1), (d2), (d3), 
(e3), (f1), (f2), (m1), (o1), (p1), (p2), (s3), and sections 12.800-
12.850, adopted October 19, 1993.
    (C) South Coast Air Quality Management District.
    (1) Rules 204, 206, and 210 amended on October 8, 1993.
    (218) New and amended regulations for the Bay Area Air Quality 
Management District were submitted on April 29, 1994 by the Governor's 
designee.
    (i) Incorporation by reference. (A) New Regulation 2, Rule 6, 
Sections 310 and 423 adopted November 3, 1993.
    (219) New and amended regulations for the following APCDs were 
submitted on April 13, 1995, by the Governor's designee.
    (i) Incorporation by reference. (A) Santa Barbara County Air 
Pollution Control District.
    (1) Rule 339, adopted December 15, 1994.
    (220) New and amended regulations for the following APCDs were 
submitted on May 24, 1995, by the Governor's designee.
    (i) Incorporation by reference. (A) Santa Barbara County Air 
Pollution Control District.
    (1) Rule 323, adopted March 16, 1995.
    (B) Placer County Air Pollution Control District.
    (1) Rule 218, adopted on February 9, 1995.
    (2) Rule 236 adopted on February 9, 1995.
    (3) Rule 244, adopted on February 9, 1995.
    (C) South Coast Air Quality Management District.
    (1) Rule 1121, adopted on March 10, 1995.
    (D) San Diego County Air Pollution Control District.
    (1) Rule 1501, adopted on March 7, 1995.
    (E) Ventura County Air Pollution Control District.
    (1) Rule 34 adopted on March 14, 1995.
    (221) New and amended regulations for the following APCDs were 
submitted on May 25, 1995 by the Governor's designee.
    (i) Incorporation by reference. (A) Kern County Air Pollution 
Control District.
    (1) Rule 411 and Rule 413, adopted on April 6, 1995.
    (2) Rule 410.4, adopted on April 6, 1995.
    (3) Rule 425.2, adopted on April 6, 1995.
    (B) Butte County Air Quality Management District.

[[Page 247]]

    (1) Rule 1103, adopted on February 16, 1995.
    (222) New and amended regulations for the following APCDs were 
submitted on June 16, 1995, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rules 1107, 1115, and 1171 adopted on May 12, 1995.
    (2) Previously approved on July 14, 1995 and now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District Rule 1115.
    (B) El Dorado County Air Pollution Control District.
    (1) Rule 234, adopted on April 25, 1995.
    (C) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 411, adopted on February 2, 1995.
    (2) Rule 413, adopted on April 6, 1995.
    (3) Rule 412, adopted on June 1, 1995.
    (D) San Diego County Air Pollution Control District.
    (1) Rule 67.24, adopted on March 7, 1995.
    (E) Butte County Air Quality Management District.
    (1) Rule 403, adopted on November 9, 1993.
    (223) Revised ozone transportation control measure (TCM) for the San 
Joaquin Valley submitted on March 2, 1995, by the Governor's designee.
    (i) Incorporation by reference. (A) Railroad Grade Separations TCM, 
adopted on September 14, 1994.
    (224) New and amended regulations for the following APCDs were 
submitted on August 10, 1995, by the Governor's designee.
    (i) Incorporation by reference. (A) Sacramento Metropolitan Air 
Quality Management District.
    (1) Rule 448 and rule 449, adopted on February 2, 1995.
    (B) Ventura County Air Pollution Control District.
    (1) Rule 70, adopted on May 9, 1995.
    (2) Rule 220, adopted on May 9, 1995.
    (3) Rule 74.5.2, adopted on May 5, 1995.
    (C) Mojave Desert Air Quality Management District.
    (1) Rules 1400, 1401, 1402, 1404. Adopted on June 28, 1995.
    (2) Rule 103 amended on June 28, 1995.
    (D) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 436, adopted on May 17, 1995.
    (E) Santa Barbara County Air Pollution Control District.
    (1) Amended Rule 370 adopted on June 15, 1995.
    (225) New and amended regulations for the following APCDs were 
submitted on October 13, 1995 by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rules 1130 and 1136 adopted September 8, 1995.
    (2) Rule 462, revised on June 9, 1995.
    (3) Rule 1166, adopted on July 14, 1995.
    (4) Rule 1149, adopted on December 4, 1987 and amended on July 14, 
1995.
    (B) Placer County Air Pollution Control District.
    (1) Rule 238, adopted June 8, 1995.
    (2) Rule 212, adopted on June 8, 1995.
    (3) Rule 239, revised June 8, 1995.
    (4) Rule 235, adopted on June 8, 1995.
    (5) Rule 216 adopted on June 8, 1995.
    (C) El Dorado County Air Pollution Control District.
    (1) Rules 236 and 237, adopted on July 25, 1995 and June 27, 1995, 
respectively.
    (2) Rule 235 adopted on June 27, 1995.
    (3) Rule 520 adopted on June 27, 1995.
    (D) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4602, adopted June 15, 1995.
    (E) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 431, adopted on August 16, 1995.
    (F) Santa Barbara County Air Pollution Control District.
    (1) Rule 330, adopted on April 21, 1995.
    (G) Ventura County Air Pollution Control District.
    (1) Rule 74.15.1 revised on June 13, 1995.
    (2) Rules 10, 11, 12, 13, 14, 15 and 16 adopted on June 13, 1995.
    (H) Mohave Desert Air Quality Management District.
    (1) Rule 222, adopted on July 31, 1995.
    (226) Air Quality Management Plan for the following APCD was 
submitted on September 11, 1991, by the Governor's designee.
    (i) Incorporation by reference. (A) Great Basin Unified Air 
Pollution Control District.

[[Page 248]]

    (1) Air Quality Management Plan for the Mammoth Lakes PM-10 Planning 
Area adopted December 12, 1990.
    (227) New regulation for the following APCD was submitted on October 
18, 1995, by the Governor's designee.
    (i) Incorporation by reference. (A) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) Rule 2530, adopted on June 15, 1995.
    (228) Air Quality Management Plans for the following APCD were 
submitted on January 9, 1992, by the Governor's designee.
    (i) Incorporation by reference. (A) Great Basin Unified Air 
Pollution Control District.
    (1) Revisions to the Air Quality Management Plan for Mammoth Lakes 
PM-10 Planning Area adopted November 6, 1991.
    (i) Rule 431 adopted November 6, 1991.
    (ii) Town of Mammoth Lakes Municipal Code Chapter 8.30 dated October 
2, 1991.
    (229) New and amended regulations for the following APCDs were 
submitted on January 31, 1996, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rule 461, adopted on September 8, 1995.
    (2) Rule 701, adopted on September 9, 1995.
    (230) New and amended regulations for the following APCDs were 
submitted on March 26, 1996, by the Governors designee.
    (i) Incorporation by reference. (A) Ventura County Air Pollution 
Control District.
    (1) Rule 74.7, adopted on October 10, 1995.
    (2) Rule 74.23, adopted on October 10, 1995.
    (3) Rule 74.29, adopted on October 10, 1995.
    (B) South Coast Air Quality Management District.
    (1) Rule 1134, adopted on December 7, 1995.
    (2) Rule 102 amended on November 17, 1995.
    (C) Kern County Air Pollution Control District.
    (1) Rule 427, adopted on January 25, 1996.
    (2) Rule 427 adopted on July 2, 1998.
    (D) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4352, amended on October 19, 1995.
    (2) Rule 4304 adopted on October 19, 1995.
    (3) Rule 4351 adopted on October 19, 1995.
    (E) Butte County Air Quality Management District.
    (1) Rule 422, adopted on September 18, 1990.
    (2) Previously approved on May 2, 2001 in paragraph 
(c)(230)(i)(E)(1) of this section and now deleted without replacement 
Rule 422.
    (231) New and amended regulations for the following APCDs were 
submitted on May 10, 1996, by the Governor's designee.
    (i) Incorporation by reference. (A) Monterey Bay Unified APCD.
    (1) Rules 207 and 215, adopted on March 20, 1996.
    (B) Kern County Air Pollution Control District.
    (1) Rule 102 and Rule 410.3, adopted on March 7, 1996.
    (2) Rule 410.1, Rule 410.5, Rule 411, and Rule 414.5 amended on 
March 7, 1996.
    (3) Rule 414, adopted on March 7, 1996.
    (4) Rule 410.4A, adopted on May 6, 1991 and amended on March 7, 1996 
and Rule 410.7, adopted on June 29, 1981 and amended on March 7, 1996.
    (5) [Reserved]
    (6) Rule 410.4, adopted on June 26, 1979 and amended on March 7, 
1996.
    (7) Rules 413 adopted on April 18, 1972 and Rule 414.1 adopted on 
January 9, 1979, both amended on March 7, 1996.
    (C) Mojave Desert Air Quality Management District.
    (1) Rule 2002, adopted on October 26, 1994.
    (D) Butte County Air Quality Management District.
    (1) Rule 1105, adopted on February 15, 1996.
    (E) Great Basin Unified Air Pollution Control District.
    (1) Rules 218 and 219, adopted on December 4, 1995.

[[Page 249]]

    (232) New regulations for the following APCD were submitted on March 
21, 1994, by the Governor's designee:
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Regulation XX, adopted October 15, 1993.
    (2) Previously approved on November 8, 1996 now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District, Regulation XX.
    (233) New and amended plans for the following agencies were 
submitted on December 29, 1994, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) 15% Rate-of-Progress plan and Post-1996 Rate-of-Progress plan 
for the Los Angeles-South Coast Air Basin Area, as contained in the 
``Rate-of-Progress Plan Revision: South Coast Air Basin & Antelope 
Valley & Coachella/San Jacinto Planning Area,'' adopted on December 9, 
1994.
    (B) Sacramento Metropolitan Air Quality Management District.
    (1) Emissions inventory, Post-1996 Rate-of-Progress plan, modeling, 
and ozone attainment demonstration, as contained in ``Sacramento Area 
Attainment and Rate-of-Progress Plans,'' adopted by Sacramento 
Metropolitan Air Quality Management District on December 1, 1994; by 
Feather River Air Quality Management District on December 12, 1994; by 
El Dorado County Air Pollution Control District on December 13, 1994; by 
Yolo-Solano Air Pollution Control District on December 14, 1994; and by 
Placer County Air Pollution Control District on December 20, 1994.
    (234) The California Vehicle Inspection and Maintenance Program was 
submitted on January 22, 1996, by the Governor's designee.
    (i) Incorporation by reference. (A) California Air Resources Board.
    (1) Motor Vehicle Inspection and Maintenance Program adopted on 
January 22, 1996.
    (i) Health and Safety Code: Division 26, Part 5 Sec. 39032.5; 
Chapter 5. Motor Vehicle Inspection Program, Article 1, Article 2, 
Article 3, Article 4, Article 5, Article 6, Article 7, Article 8, 
Article 9.
    (ii) Business and Professions Code, Chapter 20.3, Automotive Repair, 
Article 4, Sec. 9886, Sec. 9886.1, Sec. 9886.2, Sec. 9886.4.
    (iii) Vehicle Code Sec. 4000.1, Sec. 4000.2, Sec. 4000.3, Sec. 
4000.6.
    (iv) Title 16, California Code or Regulations, Division 33, Bureau 
of Automotive Repair, Article 5.5, Motor Vehicle Inspection Program, 
Sec. 3340.1, Sec. 3340.5, Sec. 3340.6, Sec. 3340.10, Sec. 3340.15, 
Sec. 3340.16, Sec. 3340.16.5, Sec. 3340.16.6, Sec. 3340.17, Sec. 
3340.18, Sec. 3340.22, Sec. 3340.22.1, Sec. 3340.22.2, Sec. 
3340.22.3, Sec. 3340.23, Sec. 3340.24, Sec. 3340.28, Sec. 3340.29, 
Sec. 3340.30, Sec. 3340.31, Sec. 3340.32, Sec. 3340.32.1, Sec. 
3340.33, Sec. 3340.33.1, Sec. 3340.35, Sec. 3340.35, Sec. 3340.36, 
Sec. 3340.41, Sec. 3340.41.3, Sec. 3340.41.5, Sec. 3340.42, Sec. 
3340.42.1., Sec. 3340.50, Sec. 3340.50.1, Sec. 3340.50.3, Sec. 
3340.50.4, Sec. 3340.50.5.
    (2) Previously approved on January 8, 1997, in paragraph 
(234)(i)(A)(1)(i) of this section, and now deleted without replacement: 
Health and Safety Code: Division 26, Part 5, Chapter 5 (Motor Vehicle 
Inspection Program), Article 1, sections 44001.6, 44001.7, 44003.1, 
44006; Article 2, sections 44015.3, 44022, 44023; Article 3, section 
44031; Article 8, sections 44081.5, 44082, 44083.
    (3) Previously approved on January 8, 1997, in paragraph 
(234)(i)(A)(1)(iv) of this section, and now deleted without replacement: 
Title 16, California Code of Regulations, Division 33, Bureau of 
Automotive Repair, Article 5.5, Motor Vehicle Inspection Program, 
sections 3340.16.6, 3340.42.1.
    (235) New and amended regulations for the following APCD were 
submitted on December 10, 1993, by the Governor's designee.
    (i) Incorporation by reference. (A) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) Rule 4901, adopted on July 15, 1993.
    (236) New and amended plans for the following agencies were 
submitted on June 13, 1996, by the Governor's designee.
    (i) Incorporation by reference. (A) California Air Resources Board.
    (1) Letter dated June 13, 1996, from James D. Boyd to David 
Howekamp, including ``Corrections to State and Local Measures'' 
(Attachment A) and ``Summary Emission Reduction Spreadsheets'' 
(Attachment C).

[[Page 250]]

    (237) New and amended plans for the following agencies were 
submitted on July 10, 1996, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Revised rule adoption schedule, adopted on April 12, 1996.
    (238) New and amended plans for the following agencies were 
submitted on July 12, 1996, by the Governor's designee.
    (i) Incorporation by reference. (A) Ventura County Air Pollution 
Control District.
    (1) ``Revised Rule Adoption and Implementation Schedule'' (Table 4-
2) and ``Architectural Coatings'' (Appendix E-95, Tables E-43 and E-45) 
contained in ``Ventura County 1995 Air Quality Management Plan 
Revision,'' adopted on December 19, 1995.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Post-1996 Rate-of-Progress plan, as contained in ``San Joaquin 
Valley Revised Post-1996 Rate-of-Progress Plans,'' adopted on September 
20, 1995.
    (239) New and amended regulations for the following APCDs were 
submitted on July 23, 1996, by the Governor's designee:
    (i) Incorporation by reference. (A) Mojave Desert Air Quality 
Management District.
    (1) Rules 1300-1306, adopted on March 25, 1996.
    (2) Rule 1115, adopted on March 2, 1992, and amended on April 22, 
1996.
    (B) South Coast Air Quality Management District.
    (1) Rule 1128, adopted on May 4, 1979 and amended on March 8, 1996, 
and Rule 1130, adopted on October 3, 1980 and amended on March 8, 1996.
    (C) Kern County Air Pollution Control District.
    (1) Rules 101, 112, 113, 114, and 115 amended on May 2, 1996.
    (2) Rules 108 and 108.1 adopted on May 2, 1996.
    (3 ) Rule 201, adopted on April 18, 1972 and amended on May 2, 1996.
    (4 ) Rules 202.1, 209.1, 210.2, and 210.5, adopted on December 15, 
1980, April 5, 1982, December 28, 1976, and November 18, 1985, 
respectively, and amended on May 2, 1996.
    (5) Rule 205, (a part of regulation II), ``Permit Renewal,'' adopted 
on April 18, 1972 and amended on May 2, 1996.
    (i) Resolution of May 2, 1996.
    (D) Ventura County Air Pollution Control District.
    (1) Rule 2 amended on April 9, 1996.
    (E) Bay Area Air Quality Management District.
    (1) Rule 9-7 adopted on September 15, 1993, Rule 9-8 adopted on 
January 20, 1993, Rule 9-9 adopted on September 21, 1994, and Rule 9-12 
adopted on January 19, 1994.
    (2) Rule 8-4, Rule 8-11, Rule 8-12, Rule 8-13, Rule 8-14, Rule 8-19, 
Rule 8-20, Rule 8-23, Rule 8-29, Rule 8-31, Rule 8-32, Rule 8-38, Rule 
8-43, Rule 8-45, Rule 8-50 amended on December 20, 1995.
    (3) Rule 8-3, adopted on March 1, 1978, revised on December 20, 
1995.
    (4) Rule 9-11 amended November 15, 1995.
    (5) Rule 8-26, adopted on May 7, 1980 and amended on December 20, 
1995.
    (6) Rule 9-10 adopted on January 5, 1994.
    (7) Manual of Procedures, volume I, section 5, adopted on September 
16, 1993.
    (F) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rules 8010, 8020, 8030, 8040, 8060, and 8070 adopted on April 
25, 1996.
    (240) New and amended regulations for the following APCD were 
submitted on August 28, 1996 by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rules 212, 1301, 1302, 1309, 1309.1, 1310, and 1313, adopted on 
December 7, 1995, Rule 1303, adopted on May 10, 1996, and Rules 1304 and 
1306, adopted on June 14, 1996.
    (2) Rules 2000, 2001, 2002, 2004, 2006, 2007, 2011, 2011--Appendix 
A, 2012, 2012--Appendix A, and 2015 adopted on October 15, 1993 and 
amended on December 7, 1995.
    (3) Rule 2012(j)(3)--Testing Guidelines (Protocol) for Alternative 
Nitrogen Oxides Emission Rate Determination at Process Units, dated 
March 31, 1994, adopted on December 7, 1995.
    (4) Rule 2005 adopted on October 15, 1993 and amended on May 10, 
1996.

[[Page 251]]

    (5) Rule 1136 adopted on September 16, 1983 and amended on June 14, 
1996.
    (241) New and amended regulations for the following APCD were 
submitted on October 18, 1996 by the Governor's designee.
    (i) Incorporation by reference. (A) San Diego County Air Pollution 
Control District.
    (1) Rules 2, Definitions; 67.0, Architectural Coatings; 67.1, 
Alternative Emission Control Plans; 67.2, Dry Cleaning Equipment Using 
Petroleum-Based Solvents; 67.3, Metal Parts and Products Coating 
Operations; 67.5, Paper, Film, and Fabric Coating Operations; 67.7, 
Cutback and Emulsified Asphalts; 67.12, Polyester Resin Operations; 
67.15, Pharmaceutical and Cosmetic Manufacturing Operations; 67.16, 
Graphic Arts Operations; 67.17, Storage of Materials Containing Volatile 
Organic Compounds; 67.18, Marine Coating Operations; and 67.24, Bakery 
Ovens, adopted on May 15, 1996.
    (2) Rule 67.4, revised on May 15, 1996.
    (3) Rule 66, adopted on July 1, 1972, revised on July 25, 1995.
    (4) Rule 19.3 adopted on May 15, 1996.
    (5) Rule 67.19, adopted May 15, 1996.
    (6) Rule 24, ``Temporary Permit to Operate,'' adopted on March 20, 
1996.
    (B) Yolo-Solano Air Quality Management District.
    (1) Rule 2.27, revised on August 14, 1996.
    (C) Ventura County Air Pollution Control District.
    (1) Rule 74.19.1, adopted on June 11, 1996.
    (2) Rules 74.6.1, 74.6.2, and 74.6.3, adopted on July 9, 1996.
    (3) Rule 23 adopted on July 9, 1996.
    (D) Kern County Air Pollution Control District.
    (1) Rules 416 and 417, adopted on April 18, 1972 and amended on July 
11, 1996.
    (242) New and amended regulations for the following APCDs were 
submitted on November 26, 1996, by the Governor's designee.
    (i) Incorporation by reference. (A) Mojave Desert AQMD.
    (1) Rule 1118, adopted on October 28, 1996.
    (B) South Coast Air Quality Management District.
    (1) Rule 1113, adopted on September 2, 1977 and amended on November 
8, 1996.
    (2) Rule 1176, adopted on November 3, 1989 and amended on September 
13, 1996.
    (243) Transportation Air Quality Conformity Procedures and 
Transportation Conformity Consultation Procedures for the following AQMD 
were submitted on December 16, 1996, by the Governor's designee.
    (i) Incorporation by reference. (A) Bay Area Air Quality Management 
District.
    (1) ``The San Francisco Bay Area Transportation Air Quality 
Conformity Procedures,'' which includes sections 93.100-93.104 and 
sections 93.106-93.136, adopted on November 6, 1996.
    (2) ``The San Francisco Bay Area Transportation Air Quality 
Conformity Interagency Consultation Procedures,'' adopted on November 6, 
1996.
    (244) New and amended regulations for the following APCDs were 
submitted on March 3, 1997, by the Governor's designee.
    (i) Incorporation by reference. (A) Monterey Bay Unified Air 
Pollution Control District.
    (1) Rule 101 revised on November 13, 1996.
    (2) Rule 404, adopted on October 16, 1996.
    (3) Rule 207, amended on December 18, 1996.
    (4) Rule 434, adopted on December 18, 1996.
    (5) Rule 426 revised December 18, 1996.
    (B) San Diego County Air Pollution Control District.
    (1) Amended Rule 10, adopted July 25, 1995.
    (C) Mojave Desert Air Quality Management District.
    (1) Rule 1114 adopted on March 2, 1992 and amended on November 25, 
1996.
    (2) Rule 403.1, ``Fugitive Dust Control for the Searles Valley 
Planning Area'', adopted on June 22, 1994 and amended on November 25, 
1996.(D) South Coast Air Quality Management District.
    (1) Rule 1130.1, adopted on August 2, 1991 and amended on December 
13, 1996.
    (E) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 6030 adopted on May 21, 1992; amended on November 13, 1996.
    (2) Rule 4305 adopted on December 19, 1996.
    (F) Santa Barbara County Air Pollution Control District.

[[Page 252]]

    (1) Rule 323 revised July 18, 1996.
    (G) Ventura County Air Pollution Control District.
    (1) Rules 74.12, 74.13, 74.18, 74.19, 74.24, and 74.30, amended on 
September 10, 1996.
    (2) Rule 74.20, revised on January 14, 1997.
    (245) New and amended regulations for the following APCDs were 
submitted on March 26, 1997, by the Governor's designee.
    (i) Incorporation by reference. (A) Yolo-Solano Air Quality 
Management District.
    (1) Rule 3.4, adopted on December 11, 1996.
    (B) San Diego County Air Pollution Control District.
    (1) Amended Rule 21, adopted November 29, 1994.
    (C) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 430, amended on January 15, 1997.
    (2) Previously approved on February 9, 1999 in (245)(i)(C)(l) and 
now deleted without replacement Rule 430.
    (246) New and amended regulations for the following APCDs were 
submitted on October 28, 1996, by the Governor's designee.
    (i) Incorporation by reference. (A) Northern Sierra Air Quality 
Management District.
    (1) Rules 101, 202, 203, 204, 206, 207, 208, 209, 210, 221, 222, 
223, 225, 300, 301, 314, 315, and 317, adopted on September 11, 1991, 
Rule 102 adopted on May 11, 1994, Rule 313 adopted on June 10, 1992, and 
Rule 316 adopted on August 14, 1996.
    (2) Rule 211, adopted on September 11, 1991.
    (3) Previously approved on September 16, 1997 in paragraph 
(c)(246)(i)(A)(1) of this section and now deleted without replacement, 
Rule 223.
    (4) Rule 505, ``Conditional Approval,'' Rule 510, ``Separation of 
Emissions,'' Rule 511, ``Combination of Emissions,'' Rule 512, 
``Circumvention,'' Rule 515, ``Provision of Sampling and Testing 
Facilities,'' and Rule 517, ``Transfer,'' adopted on September 11, 1991.
    (5) Rule 501, ``Permit Required'' and Rule 513, ``Source 
Recordkeeping,'' amended on May 11, 1994.
    (247) New and amended plans for the following agency were submitted 
on February 5, 1997, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Carbon monoxide emissions inventory, VMT forecasts and 
commitments to monitor actual VMT levels and revise and replace the VMT 
projections as needed in the future, as contained in the South Coast 
1997 Air Quality Management Plan.
    (2) Nitrogen dioxide attainment plan and maintenance plan, as 
contained in the South Coast 1997 Air Quality Management Plan, adopted 
on November 15, 1996.
    (3) Baseline and projected emissions inventories and ozone 
attainment demonstration, as contained in the South Coast 1997 Air 
Quality Management Plan for ozone.
    (4) Baseline and projected emissions inventories, SCAQMD commitment 
to adopt and implement control measures, reasonable further progress, 
contingency measures, attainment demonstration, PM-10 attainment date 
extension request to December 31, 2006, as contained in the South Coast 
1997 Air Quality Management Plan, with respect to PM-10.
    (5) SCAQMD commitment to adopt and implement control measures, as 
contained in the Coachella Request for Redesignation and Maintenance 
Plan for PM-10.
    (6) Appendix V, page V-5-4, Table 5-2--``Carbon Monoxide Emissions 
(tons/day) Projected from 1993 through 2000 for the South Coast Air 
Basin.''
    (248) New and amended regulations for the following APCDs were 
submitted on August 1, 1997, by the Governor's designee.
    (i) Incorporation by reference. (A) San Diego County Air Pollution 
Control District
    (1) Rule 67.10 adopted on June 25, 1997.
    (2) Rule 67.9, adopted on April 30, 1997.
    (3) Rules 52, 53, 54, amended on January 27, 1997.
    (B) South Coast AQMD.
    (1) Rule 1124, adopted on December 13, 1996.

[[Page 253]]

    (2) Rule 403, amended on February 14, 1997, and Rule 1186, adopted 
on February 14, 1997.
    (3) Rule 1145, adopted on July 8, 1983 and amended on February 14, 
1997.
    (C) Placer County Air Pollution Control District.
    (1) Rule 239, adopted on November 3, 1994 and amended on February 
13, 1997.
    (D) Mojave Desert Air Quality Management District.
    (1) Rule 1157, amended May 19, 1997.
    (E) Ventura County Air Pollution Control District.
    (1) Rule 70 revised on May 13, 1997.
    (F) Bay Area Air Quality Management District.
    (1) Regulation 8, Rule 45, adopted on November 6, 1996.
    (249) New and amended regulations for the following APCD's were 
submitted on September 8, 1997, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rule 1122, adopted on March 2, 1979 and amended on July 11, 
1997.
    (2) Rule 701, amended on June 13, 1997.
    (B) Kern County Air Pollution Control District.
    (1) Rule 425.2 adopted on October 13, 1994 and amended on July 10, 
1997.
    (250) New regulations for the following APCD were submitted on 
October 31, 1997, by the Governor's designee.
    (i) Incorporation by reference. (A) Santa Barbara County Air 
Pollution Control District.
    (1) Rule 1301 adopted on September 18, 1997.
    (251) New and amended plans for the following agency were submitted 
on November 5, 1997, by the Governor's designee.
    (i) Incorporation by reference. (A) Ventura County Air Pollution 
Control District.
    (1) Commitments to adopt and implement control measures contained in 
the Ventura 1997 Air Quality Management Plan, adopted on October 21, 
1997.
    (252) Air Quality Management Plan for the following APCD was 
submitted on December 28, 1992, by the Governor's designee.
    (i) Incorporation by reference. (A) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) Federal 1992 Air Quality Attainment Plan for Carbon Monoxide and 
Appendices adopted on November 18, 1992.
    (253) Carbon Monoxide Redesignation Request and Maintenance Plan for 
ten federal planning areas submitted on July 3, 1996, by the Governor's 
designee.
    (i) Incorporation by reference. (A) California Air Resources Board. 
(1) Carbon Monoxide Redesignation Request and Maintenance Plan for the 
following areas: Bakersfield Metropolitan Area, Chico Urbanized Area, 
Fresno Urbanized Area, Lake Tahoe North Shore, Lake Tahoe South Shore, 
Modesto Urbanized Area, Sacramento Area, San Diego Area, San Francisco-
Oakland-San Jose Area, and Stockton Urbanized Area adopted on April 26, 
1996.
    (254) New and amended regulations for the following APCDs were 
submitted on March 10, 1998, by the Governor's designee.
    (i) Incorporation by reference. (A) San Joaquin Valley Unified Air 
Pollution Control District
    (1) Rule 4401 adopted on January 15, 1998.
    (2) Rule 4605, adopted on December 19, 1991 and amended on December 
19, 1996.
    (3) Rules 4602 and 4607, adopted on April 11, 1991 and amended on 
September 17, 1997.
    (4) Rule 4661, adopted on December 17, 1992.
    (5) Rule 4701 adopted on December 19, 1996, and Rule 4703 adopted on 
October 16, 1997.
    (B) Northern Sonoma County Air Pollution Control District.
    (1) Rule 130 amended on July 25, 1995.
    (C) Santa Barbara County Air Pollution Control District.
    (1) Rule 102 amended on April 17, 1998.
    (2) Rule 339, adopted on November 5, 1991 and revised on April 17, 
1997.
    (3) Rule 321, adopted on February 24, 1971 and revised on September 
18, 1997.
    (4) Rule 342 amended on April 17, 1997.
    (5) Rule 316 revised on April 17, 1997.
    (D) South Coast Air Quality Management District.
    (1) Rule 102 amended on June 13, 1997.

[[Page 254]]

    (2) Rule 1151, adopted on July 8, 1988 and amended on June 13, 1997, 
and Rule 1171, adopted on August 2, 1991 and amended on June 13, 1997.
    (3) Rule 1302, amended December 7, 1995.
    (4) Rule 1134 adopted on August 8, 1997.
    (5) Rule 1138, adopted on November 14, 1997.
    (E) Antelope Valley Air Pollution Control District.
    (1) Resolution No. 97-01 dated July 1, 1997.
    (2) Rules 101 and 102 amended on August 19, 1997 and Rule 103 
amended on September 16, 1997.
    (3) Rules 201, 203, 204, 205, and 217, adopted on January 9, 1976 
and amended on August 19, 1997.
    (F) Bay Area Air Quality Management District.
    (1) Regulation 5, adopted on November 2, 1994.
    (G) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 431, adopted on December 17, 1997.
    (H) Mojave Desert Air Quality Management District.
    (1) Rules 474, 475, and 476 adopted on August 25, 1997.
    (2) Rule 1158, adopted on February 22, 1995 and amended on August 
25, 1997.
    (I) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 414, adopted August 1, 1996.
    (J) Lake County Air Quality Management District.
    (1) Rule 640, as amended on July 15, 1997; and Rule 1350, adopted on 
October 15, 1996.
    (2) Sections (Rules) 433, adopted on July 15, 1997.
    (K) Ventura County Air Pollution Control District.
    (1) Rule 59, adopted on October 6, 1969 and amended on July 15, 
1997.
    (L) Great Basin Unified Air Pollution Control District.
    (1) Rule 432, adopted on May 8, 1996.
    (255) New and amended regulations for the following APCD's were 
submitted on May 18, 1998, by the Governor's designee.
    (i) Incorporation by reference. (A) Sacramento Metropolitan Air 
Quality Management District.
    (1) Rule 450, adopted on July 23, 1981 and amended on December 5, 
1996, and Rule 459, adopted on December 7, 1995 and amended on October 
2, 1997.
    (2) Rules 101, 442, 443, 447, 452, 456, and 458, adopted on 
September 5, 1996.
    (3) Rule 454, adopted on June 5, 1979 and amended on April 3, 1997.
    (4) Rule 413, amended May 1, 1997.
    (5) Rule 449, adopted on April 3, 1997.
    (6) Rule 105, Emission Statement, adopted on April 20, 1993, and 
amended September 5, 1996.
    (B) North Coast Unified Air Quality Management District.
    (1) Rule 130 amended September 26, 1997.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 1020, amended December 18, 1997.
    (D) Lake County Air Quality Management District.
    (1) Rule 1002, as amended on March 19, 1996.
    (2) Section (Rule) 439.5, adopted on July 15, 1997.
    (E) Placer County Air Pollution Control District.
    (1) Rule 102, adopted June 19, 1997.
    (F) South Coast Air Quality Management District.
    (1) Rule 1146.2, adopted on January 9, 1998.
    (G) Ventura County Air Pollution Control District.
    (1) Rules 26.1, 26.2, 26.3, 26.4, 26.5, 26.6 and 26.10 adopted on 
January 13, 1998.
    (256) New and amended regulations for the following APCDs were 
submitted on June 23, 1998, by the Governor's designee.
    (i) Incorporation by reference. (A) Bay Area Air Quality Management 
District.
    (1) Regulation 1, revised on November 3, 1993.
    (2) Rule 8-51, adopted on November 18, 1992 and amended on January 
7, 1998.
    (B) San Diego County Air Pollution Control District.
    (1) Rule 50, adopted on August 13, 1997.
    (C) Kern County Air Pollution Control District.
    (1) Rule 410.3, adopted on June 26, 1979 and revised on May 7, 1998.
    (2) Rule 409, adopted on April 18, 1972, as amended on May 7, 1998.

[[Page 255]]

    (D) Antelope Valley Air Pollution Control District.
    (1) Rule 701 was amended on January 20, 1998.
    (E) El Dorado County Pollution Control District .
    (1) Rule 239 adopted on March 24, 1998.
    (F) Ventura County Air Pollution Control District.
    (1) Rule 74.10, adopted on September 29, 1981 and amended on March 
10, 1998.
    (G) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 447 amended on April 2, 1998.
    (257) Plan revisions for the Coachella Valley Planning Area were 
submitted on February 16, 1995, by the Governor's designee.
    (i) Incorporation by reference. (A) Fugitive dust control ordinances 
for: City of Cathedral City Ordinance No. 377, adopted on February 18, 
1993; City of Coachella Ordinance No. 715, adopted on October 6, 1993; 
City of Desert Hot Springs Ordinance No. 93-2, adopted on May 18, 1993; 
City of Indian Wells Ordinance No. 313, adopted on February 4, 1993; 
City of Indio Ordinance No. 1138, adopted on March 17, 1993; City of La 
Quinta Ordinance No. 219, adopted on December 15, 1992; City of Palm 
Desert Ordinance No. 701, adopted on January 14, 1993; City of Palm 
Springs Ordinance No. 1439, adopted on April 21, 1993; City of Rancho 
Mirage Ordinance No. 575, adopted on August 5, 1993; and County of 
Riverside Ordinance No. 742, adopted on January 4, 1994.
    (258) New and amended regulations for the following APCD's were 
submitted on June 3, 1997, by the Governor's designee.
    (i) Incorporation by reference. (A) Monterey Bay Unified Air 
Pollution Control District.
    (1) Rule 433, adopted on June 15, 1994 and revised on March 26, 
1997.
    (2) Rule 215, amended on March 26, 1997.
    (3) Rule 425, adopted on March 26, 1997.
    (259) New and amended regulations for the following APCDs were 
submitted on December 3, 1998, by the Governor's designee.
    (i) Incorporation by reference. (A) Yolo-Solano Air Quality 
Management District.
    (1) Rule 10.3, adopted on February 8, 1995.
    (260) New and amended regulations for the following APCDs were 
submitted on October 27, 1998, by the Governor's designee.
    (i) Incorporation by reference. (A) Sacramento Metropolitan Air 
Quality Management District.
    (1) Rule 101, amended on September 3, 1998.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 2020 adopted on September 17, 1998.
    (C) Kern County Air Pollution Control District.
    (1) Rule 208, originally adopted on April 18, 1972, amended on 
September 17, 1998.
    (261) New and amended regulations for the following APCDs were 
submitted on January 12, 1999, by the Governor's designee.
    (i) Incorporation by reference. (A) Monterey Bay Unified Air 
Pollution Control District.
    (1) Rule 101, adopted November 12, 1998.
    (262) New and amended regulations for the following APCDs were 
submitted on February 16, 1999, by the Governor's designee.
    (i) Incorporation by reference. (A) Bay Area Air Quality Management 
District.
    (1) Regulation 1, adopted on October 7, 1998.
    (2) Previously approved on June 28, 1999 in paragraph 
(c)(262)(i)(A)(1) of this section and now deleted without replacement 
Regulation 1, Rules 402 and 402.1.
    (B) Ventura County Air Pollution Control District.
    (1) Rule 2, adopted November 10, 1998.
    (2) Rule 74.24.1, adopted on November 10, 1998.
    (3) Rule 74.6, revised on November 10, 1998.
    (C) South Coast Air Quality Management District.
    (1) Rule 1107, adopted on June 1, 1979 and amended on August 14, 
1998.
    (2) Rule 1151, adopted on December 11, 1998.
    (D) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4606 adopted on December 19, 1991 and amended on December 
17, 1998.

[[Page 256]]

    (E) Antelope Valley Air Pollution Control District.
    (1) Rule 1171, adopted on November 17, 1998.
    (2) [Reserved]
    (3) Rule 226, adopted on March 17, 1998 and amended on July 21, 
1998.
    (263) New and amended regulations for the following APCDs were 
submitted on May 13, 1999, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rule 1103, adopted on March 12, 1999.
    (2) Rule 102 adopted on February 4, 1977 and amended on June 12, 
1998.
    (3) Rules 403 and 1186, amended on December 11, 1998.
    (B) Santa Barbara County Air Pollution Control District.
    (1) Rule 102 adopted on January 21, 1999.
    (2) Rule 351 adopted on August 24, 1993 and amended on August 20, 
1998.
    (C) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 464, adopted on July 23, 1998.
    (D) Tehama County Air Pollution Control District.
    (1) Rule 4:31 adopted on March 14, 1995, Rule 4:34 adopted on June 
3, 1997, and Rule 4.37 adopted on April 21, 1998.
    (2) Rule 4.14 adopted on November 3, 1998.
    (264) New and amended regulations for the following APCDs were 
submitted on June 3, 1999, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rule 462, adopted on May 14, 1999.
    (2) Rule 1106.1, adopted on May 1, 1992, and amended on February 12, 
1999.
    (B) Yolo-Solano Air Quality Management District.
    (1) Rule 2.30, adopted on April 14, 1999.
    (C) Ventura County Air Pollution Control District.
    (1) Rule 64, adopted on April 13, 1999.
    (2) Rule 103 adopted on February 9, 1999.
    (D) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 1002, adopted on April 21, 1999.
    (265) New and amended plans for the following agencies were 
submitted on May 20, 1999, by the Governor's designee.
    (i) Incorporation by reference. (A) California Air Resources Board.
    (1) Executive Order G-99-037, dated May 20, 1999, State commitment 
to continue working with U.S. EPA and the affected parties to achieve 
the emission reductions identified in the SIP for federal measures, and 
to adopt by December 31, 2000, and submit as a SIP revision, a revised 
attainment demonstration for the federal one-hour ozone standard in the 
South Coast Air Basin, and adopt by December 31, 2001, control measures 
needed to achieve any additional emission reductions which are 
determined to be appropriate for ARB; Attachment A, update to the 1994 
ozone SIP for the South Coast.
    (266) New and amended regulations for the following APCDs were 
submitted on September 29, 1998 by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rule 1168, adopted on April 7, 1989, and amended February 13, 
1998.
    (2) Rule 431.1, adopted on November 4, 1997 and amended on June 12, 
1998.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4653, adopted on March 19, 1998.
    (2) Rule 4354, adopted on April 16, 1998.
    (3) Rule 2201 adopted on August 20, 1998.
    (4) Rule 4642, adopted on April 16, 1998.
    (267) New plan for Owens Valley PM-10 Planning Area for the 
following agency was submitted on December 10, 1998 by the Governor's 
designee.
    (i) Incorporation by reference. (A) Great Basin Unified APCD.
    (1) Owens Valley PM-10 Planning Area Demonstration of Attainment 
State Implementation Plan, Section 7-4, Commitment to adopt 2003 SIP 
Revision and Section 8-2, the Board Order adopted on November 16, 1998 
with Exhibit 1.

[[Page 257]]

    (268) New and amended regulations for the following agencies were 
submitted on July 23, 1999, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rule 2005 adopted on April 9, 1999.
    (2) Rule 218, ``Continuous Emission Monitoring,'' amended on May 14, 
1999.
    (3) Rule 218.1, ``Continuous Emission Monitoring Performance 
Specification,'' adopted on May 14, 1999.
    (B) Mojave Desert Air Quality Management District.
    (1) Rule 1116 revised on April 26, 1999.
    (C) Lake County Air Quality Management District.
    (1) Section (Rule) 226.5, adopted on September 13, 1988.
    (269) New and amended regulations for the following APCDs were 
submitted on September 7, 1999, by the Governor's designee.
    (i) Incorporation by reference. (A) Kern County Air Pollution 
Control District.
    (1) Rule 102, adopted on April 18, 1972 and amended on July 1, 1999.
    (B) San Diego County Air Pollution Control District.
    (1) Rule 2, adopted on June 30, 1999.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 1020, adopted on June 18, 1992 and amended on June 17, 
1999.
    (2) Rule 4452 adopted on December 17, 1992.
    (D) South Coast Air Quality Management District.
    (1) Rule 102, adopted on February 4, 1997 and amended on April 9, 
1999.
    (270) New and amended regulations for the following APCDs were 
submitted on October 29, 1999, by the Governor's designee.
    (i) Incorporation by reference. (A) Ventura County Air Pollution 
Control District.
    (1) Rule 37 adopted September 14, 1999.
    (B) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 207, amended on September 15, 1999.
    (C) South Coast Air Quality Management District.
    (1) Amended Rule 465, adopted on August 13, 1999.
    (2) Rule 1104 adopted on April 7, 1978 and amended on August 13, 
1999.
    (3) Rule 1158, adopted on June 11, 1999.
    (D) Santa Barbara County Air Pollution Control District.
    (1) Rule 353, adopted on August 19, 1999.
    (E) Antelope Valley Air Pollution Control District.
    (1) Rule 1151 adopted on July 20, 1999.
    (271) New and amended regulations for the following agencies were 
submitted on August 22, 1997, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rule 2002 adopted on February 14, 1997.
    (272) New and amended plan for the following agency was submitted on 
February 4, 2000, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) SCAQMD commitment to adopt and implement short- and 
intermediate-term control measures; SCAQMD commitment to adopt and 
implement long-term control measures; SCAQMD commitment to achieve 
overall emissions reductions for the years 1999-2008; SCAQMD commitment 
to implement those measures that had been adopted in regulatory form 
between November 1994 and September 1999; rate-of-progress plan for the 
1999, 2002, 2005, 2008, and 2010 milestone years; amendment to the 
attainment demonstration in the 1997 Air Quality Management Plan for 
ozone; and motor vehicle emissions budgets for purposes of 
transportation conformity, as contained in the 1999 Amendment to the 
South Coast 1997 Air Quality Management Plan.
    (2) SCAQMD commitment to adopt and implement control measures, as 
contained in the 1999 Amendment to the South Coast Air Quality 
Management Plan, with respect to PM-10.
    (273) New and amended regulations for the following APCD's were 
submitted on August 21, 1998, by the Governor's designee.

[[Page 258]]

    (i) Incorporation by reference. (A) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) Rule 4621, amended on June 18, 1998.
    (2) Rule 4622, adopted on June 18, 1998.
    (274) New and amended regulations for the following APCD were 
submitted on June 29, 1995, by the Governor's designee.
    (i) Incorporation by reference. (A) Mojave Desert Air Quality 
Management District.
    (1) Rule 1161, adopted on June 28, 1995.
    (275) New and amended plan for the following agency was submitted on 
March 19, 1999, by the Governor's designee.
    (i) Incorporation by reference. (A) Santa Barbara County Air 
Pollution Control District.
    (1) Control measures 333, 352, 353, T13, T18, T21, and T22; 1999 
rate-of-progress plan; and motor vehicle emissions budgets (cited on 
page 5-4), as contained in the Santa Barbara 1998 Clean Air Plan.
    (ii) Additional materials. (A) Santa Barbara County Air Pollution 
Control District.
    (1) Baseline and projected emissions inventories, and ozone 
attainment demonstration, as contained in the Santa Barbara 1998 Clean 
Air Plan.
    (276) New and amended regulations for the following APCDs were 
submitted on February 23, 2000, by the Governor's designee.
    (i) Incorporation by reference. (A) Monterey Bay Unified Air 
Pollution Control District.
    (1) Rules 101 and 102, adopted on December 15, 1999.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4661, adopted on December 9, 1999.
    (277) New and amended regulations for the following APCDs were 
submitted on March 28, 2000, by the Governor's designee.
    (i) Incorporation by reference. (A) Santa Barbara County Air 
Pollution Control District.
    (1) Rule 330, adopted on June 11, 1979 and amended on January 20, 
2000.
    (B) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 701, adopted on May 27, 1999.
    (C) Bay Area Air Quality Management District.
    (1) Rule 8-11 adopted on January 24, 1979 and amended on November 
19, 1997.
    (2) Rule 8.20, amended on March 3, 1999.
    (3) Rule 8-16, adopted on March 7, 1979 and amended on September 15, 
1998.
    (4) Rule 8-40 amended December 15, 1999.
    (5) Bay Area Air Quality Management District Rule 8-52, adopted on 
July 7, 1999.
    (6) Rule 8-7, adopted on November 17, 1999.
    (7) Rule 8-5 adopted on December 15, 1999 and Rule 8-18 adopted on 
January 7, 1998.
    (8) Rule 8-28, adopted on July 16, 1980 and amended on March 18, 
1998.
    (D) South Coast Air Quality Management District.
    (1) Rule 1121 adopted on December 10, 1999.
    (278) New and amended regulations for the following APCDs were 
submitted on January 21, 2000, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rule 1130 amended on October 8, 1999.
    (2) Rule 1186, adopted on September 10, 1999.
    (3) Previously approved on January 21, 2000 in paragraph 
(c)(278)(i)(A)(2) of this section and now deleted without replacement 
for implementation in the Antelope Valley Air Quality Management 
District Rule 1186.
    (B) Santa Barbara County Air Pollution Control District.
    (1) Rule 352 adopted on September 16, 1999.
    (C) Ventura County Air Pollution Control District.
    (1) Rule 74.11.1 adopted on September 14, 1999.
    (2) Rules 57 and 68, adopted on June 14, 1977.
    (279) New and amended regulations for the following APCDs were 
submitted on May 26, 2000, by the Governor's designee.

[[Page 259]]

    (i) Incorporation by reference. (A) Imperial County Air Pollution 
Control District.
    (1) Rule 426 amended September 14, 1999
    (2) Rules 101, 408, 409, 420, 421, 701, and 702, adopted on 
September 14, 1999.
    (3) Rule 416, adopted on September 14, 1999.
    (4) Rules 109 and 110 adopted on September 14, 1999.
    (5) Rule 427, adopted on September 14, 1999.
    (6) Rules 100 and 113, adopted on September 14, 1999.
    (7) Rule 405, adopted on September 14, 1999.
    (8) Rule 417 adopted on September 14, 1999.
    (9) Rule 415, adopted on September 14, 1999.
    (10) Rule 115 adopted on November 19, 1985 and amended on September 
14, 1999.
    (11) Rule 400, revised on September 14, 1999.
    (12) Rule 201, adopted prior to October 15, 1979 and revised on 
September 14, 1999.
    (13) Rule 208, adopted March 17, 1980 and revised on September 14, 
1999.
    (14) Rules 203, 205, and 206, adopted on November 19, 1985 and 
revised on September 14, 1999.
    (B) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 404, Monterey Bay Unified APCD, adopted on March 22, 2000.
    (2) Rule 403, adopted on March 22, 2000.
    (3) Rule 400, adopted July 1, 1969 and amended on March 22, 2000.
    (280) New and amended regulations for the following APCDs were 
submitted on July 26, 2000, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rule 1189, adopted on January 21, 2000.
    (2) Rule 461, adopted on April 21, 2000.
    (3) Rule 1150.1, adopted on April 5, 1985 and amended on March 17, 
2000.
    (B) El Dorado County Air Pollution Control District.
    (1) Rule 240, adopted on February 15, 2000.
    (C) Yolo-Solano Air Quality Management District.
    (1) Rule 1.1, revised on August 13, 1997.
    (2) Rule 101, adopted on February 15, 2000.
    (281) New and amended regulations for the following APCDs were 
submitted on May 23, 2001, by the Governor's designee.
    (i) Incorporation by reference. (A) El Dorado County Air Pollution 
Control District.
    (1) Rules 238, 244, and 245, adopted on March 27, 2001.
    (2) Rule 229, adopted on January 23, 2001.
    (B) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 213 adopted on March 21, 2001.
    (282) New and amended regulations for the following APCDs were 
submitted on May 31, 2001, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rules 1631, 1632, 1633, and 2507 adopted on May 11, 2001.
    (2) Rules 2000, 2001, 2002, 2004, 2006, 2007, 2010, 2011, 2012, 
2015, and 2020 adopted on May 11, 2001; and Rules 2011-2 and 2012-2 
adopted on March 16, 2001.
    (B) Bay Area Air Quality Management District.
    (1) Rule 8-51, revised on May 2, 2001.
    (283) San Francisco Bay Area Ozone Attainment Plan for the 1-Hour 
National Ozone Standard, June 1999, was submitted on August 13, 1999 by 
the Governor's designee.
    (i) Incorporation by reference. (A) Bay Area Air Quality Management 
District.
    (1) Tables 10 and 12 of the San Francisco Bay Area Ozone Attainment 
Plan for the 1-Hour National Ozone Standard, June 1999, which detail the 
commitment to adopt and implement any combination of new control 
measures to achieve 11 ton per day reduction in VOC emissions by June 
2000.
    (2) Contingency measures, Table 18, ``Post-Attainment Year (2000-
2003) Inventory Reductions Reflected in the SIP''.

[[Page 260]]

    (284) New and amended regulations for the following APCDs were 
submitted on May 8, 2001, by the Governor's designee.
    (i) Incorporation by reference. (A) Monterey Bay Unified Air 
Pollution Control District.
    (1) Rules 429 adopted on September 16, 1987 and amended on January 
17, 2001 and Rule 434 adopted on June 15, 1994 and amended on January 
17, 2001.
    (2) Rules 418 and 419, adopted on December 13, 2000.
    (3) Rule 416, adopted on September 1, 1974 and amended on January 
17, 2001.
    (4) Rule 433, adopted on January 17, 2001.
    (B) South Coast Air Quality Management District.
    (1)Rule 1612.1 adopted on March 16, 2001.
    (2) Rule 1146, adopted on November 17, 2000.
    (3) Rule 442 adopted on May 7, 1976 and amended on December 15, 
2000.
    (4) Rule 1102, adopted on January 6, 1978 and amended on November 
17, 2000.
    (5) Rule 1131 adopted on September 15, 2000.
    (6) Rule 1132, adopted on January 19, 2001.
    (C) Santa Barbara County Air Pollution Control District.
    (1) Rule 326 adopted on December 14, 1993, and amended on January 
18, 2001.
    (2) Rule 346, adopted on January 18, 2001.
    (D) Ventura County Air Pollution Control District.
    (1) Rule 74.9, adopted on July 21, 1981 and amended on November 14, 
2000.
    (2) Rule 70, adopted on November 14, 2000.
    (285) New and amended regulations for the following APCDs were 
submitted on December 11, 2000 by Governor's designee.
    (i) Incorporation by reference. (A) Ventura County Air Pollution 
Control District.
    (1) Rule 74.15.1, adopted on June 13, 2000.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4603 adopted on April 11, 1991 and amended on September 21, 
2000.
    (C) Bay Area Air Quality Management District.
    (1) Rule 9-11, adopted on May 17, 2000.
    (2) Regulation 8, Rule 34, adopted on October 6, 1999.
    (D) Antelope Valley Air Pollution Control District.
    (1) Rule 701, adopted on July 18, 2000.
    (E) San Diego County Air Pollution Control District.
    (1) Rule 61.2, amended on July 26, 2000.
    (286) New and amended regulations for the following APCDs were 
submitted on March 14, 2001 by Governor's designee.
    (i) Incorporation by reference. (A) South Coast AQMD.
    (1) Rule 109 amended on August 18, 2000, Rule 481 amended on 
November 17, 2000, Rule 1107 amended on November 17, 2000, Rule 1141.1 
amended on November 17, 2000, Rule 1141.2 amended on November 17, 2000, 
and Rule 1162 amended on November 17, 2000.
    (2) Rule 1168, amended on September 15, 2000.
    (3) Rule 1141 adopted on July 8, 1983, and amended on November 17, 
2000.
    (287) New and amended regulations for the following APCD were 
submitted on November 8, 2001 by the Governor's designee.
    (i) Incorporation by reference. (A) Mojave Desert Air Quality 
Management District.
    (1) Rule 1161 adopted on October 22, 2001.
    (288) New and amended regulations for the following APCDs were 
submitted on October 30, 2001, by the Governor's designee.
    (i) Incorporation by reference. (A) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) Rules 4103 and 4106, adopted on June 21, 2001.
    (B) Lake County Air Quality Management District.
    (1) Sections [Rules] 203, 204.5, 208.3, 208.8, 226.4, 226.5, 240.8, 
246, 248.3, 248.5, 249.5, 251.7, 270, 431, 431.5, 433, 434, 1000, 1001, 
1003, 1105, 1107, 1130, 1140, 1145, 1150, 1160, and 1170, adopted on 
June 19, 2001.
    (C) Ventura County Air Pollution Control District.
    (1) Rule 74.19 adopted on August 11, 1992 and amended on April 10, 
2001.
    (D) Imperial County Air Pollution Control District.
    (1) Rules 412 and 413 adopted on January 16, 2001.

[[Page 261]]

    (2) Rule 403, adopted on November 19, 1985 and revised on July 24, 
2001.
    (E) South Coast Air Quality Management District.
    (1) Rule 2005 adopted on April 20, 2001.
    (289) New and amended regulation for the following AQMD were 
submitted on November 28, 2001, by the Governor's designee.
    (i) Incorporation by reference. (A) Yolo-Solano Air Quality 
Management District.
    (1) Rule 2.32 adopted on October 10, 2001.
    (290) New and amended regulations for the following APCDs were 
submitted on December 14, 2001, by the Governor's designee.
    (i) Incorporation by reference. (A) Kern County Air Pollution 
Control District.
    (1) Rule 427, adopted on November 1, 2001.
    (291) [Reserved]
    (292) New and amended regulations for the following APCDs were 
submitted on November 7, 2001, by the Governor's designee.
    (i) Incorporation by reference. (A) Monterey Bay Air Pollution 
Control District.
    (1) Rule 431, adopted on October 17, 2001.
    (B) Santa Barbara County Air Pollution Control District.
    (1) Rule 325 adopted on January 25, 1994, and amended on July 19, 
2001.
    (293) New and amended regulations for the following APCDs were 
submitted on January 22, 2002, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rules 208 and 444, adopted on December 21, 2001.
    (2) Rule 1124 adopted on July 6, 1979, and amended on September 21, 
2001.
    (3) Rule 1634, adopted on November 9, 2001.
    (B) Yolo-Solano Air Quality Management District.
    (1) Rule 2.14, adopted on November 14, 2001.
    (294) New and amended regulations for the following APCD were 
submitted on February 20, 2002, by the Governor's designee.
    (i) Incorporation by reference. (A) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) Rule 4653, amended on December 20, 2001.
    (2) Rule 4603 adopted on April 11, 1991, and amended on December 20, 
2001.
    (3) Rule 4602 adopted on April 11, 1991 and amended on December 20, 
2001; Rule 4604 adopted on April 11, 1991 and amended on December 20, 
2001; Rule 4606 adopted on December 19, 1991 and amended on December 20, 
2001; Rule 4607 adopted on April 11, 1991 and amended on December 20, 
2001; and, Rule 4684 adopted on May 19, 1994 and amended on December 20, 
2001.
    (4) Rule 4661, adopted on May 21, 1992 and amended on December 20, 
2001, Rule 4662, adopted April 11, 1991 and amended on December 20, 
2001, and Rule 4663, adopted on December 20, 2001.
    (5) Rule 4605 adopted on December 19, 1991 and amended on December 
20, 2001.
    (295) New and amended regulations for the following APCD were 
submitted on February 8, 2002, by the Governor's designee.
    (i) Incorporation by reference. (A) Tehama County Air Pollution 
Control District.
    (1) Rules 4:31 and 4:37 adopted on January 29, 2002.
    (296) New and amended regulations for the following APCD were 
submitted on November 9, 2001, by the Governor's designee.
    (i) Incorporation by reference. (A) El Dorado County Air Pollution 
Control District.
    (1) Rule 244 adopted on March 27, 2001, and amended on September 25, 
2001.
    (2) Rule 232, adopted on October 18, 1994 and amended on September 
25, 2001.
    (297) New and amended regulations for the following APCDs were 
submitted on March 15, 2002, by the Governor's designee.
    (i) Incorporation by reference. (A) Ventura County Air Pollution 
Control District.
    (1) Rule 74.6, adopted on January 8, 2002.
    (2) Rule 74.29 adopted on October 10, 1995, and amended on January 
8, 2002.

[[Page 262]]

    (3) Rule 74.24.1 adopted on November 10, 1998, and amended on 
January 8, 2002.
    (4) Rule 74.23, adopted on January 8, 2002.
    (5) Rule 74.2, adopted on November 13, 2001.
    (B) Imperial County Air Pollution Control District.
    (1) Rule 101, adopted on July 28, 1981 and amended on December 11, 
2001.
    (C) South Coast Air Quality Management District.
    (1) Rule 1107 adopted on June 1, 1979, and amended on November 9, 
2001.
    (2) Rule 518.2 adopted on January 12, 1996, amended on December 21, 
2001.
    (D) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 427, adopted on January 16, 1980 and amended on December 
19, 2001.
    (2) Rule 417 adopted on September 1, 1974, and amended on December 
19, 2001.
    (E) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4601, adopted on October 31, 2001.
    (2) Rule 4623, adopted on April 11, 1991 and amended on December 20, 
2001.
    (F) Santa Barbara County Air Pollution Control District.
    (1) Rule 323, adopted on November 15, 2001.
    (298) New and amended contingency measures for the following APCDs 
were submitted on May 29, 2002, by the Governor's designee.
    (i) Incorporation by reference. (A) Santa Barbara County Air 
Pollution Control District.
    (1) 2001 Clean Air Plan Contingency Control Measures R-SC-1 
(Architectural Coatings); N-IC-1 and N-IC-3 (Control of Emissions from 
Reciprocating Internal Combustion Engines); N-XC-2 (Large Water Heaters 
and Small Boilers, Steam Generators, and Process Heaters); R-SL-2 
(Solvent Degreasers) [incorrectly identified as CAP Control Measure R-
SL-1 in Table 4-3, ``Proposed APCD Control Measures'']; R-SL-2 (Solvent 
Cleaning Operations); N-IC-2 (Gas Turbines); R-SL-4 (Electronic 
Industry--Semiconductor Manufacturing); N-XC-4 (Small Industrial and 
Commercial Boilers, Steam Generators, and Process Heaters), adopted on 
November 15, 2001.
    (299) Amended regulation for the following APCD was submitted on 
July 2, 2002, by the Governor's designee.
    (i) Incorporation by reference. (A) El Dorado County Air Pollution 
Control District.
    (1) Rule 233, adopted on October 18, 1994, and amended on June 11, 
2002.
    (300) Amended regulations for the following APCDs were submitted on 
June 18, 2002, by the Governor's designee.
    (i) Incorporation by reference. (A) Mojave Desert Air Quality 
Management District.
    (1) Rule 1161 amended on March 25, 2002.
    (B) Bay Area Air Quality Management District.
    (1) Rule 8-3, adopted on November 21, 2001.
    (C) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 426, adopted on April 17, 2002.
    (D) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4703 adopted on April 25, 2002.
    (301) Amended regulation for the following APCD was submitted on 
March 5, 2002, by the Governor's designee.
    (i) Incorporation by reference. (A) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) Rule 4354, adopted September 14, 1994 and amended February 21, 
2002.
    (302) New and amended regulations for the following APCDs were 
submitted on October 16, 2002, by the Governor's designee.
    (i) Incorporation by reference. (A) Imperial County Air Pollution 
Control District.
    (1) Rule 701, revised on August 13, 2002.
    (2) Rule 101, adopted on August 13, 2002.
    (3) Rule 420 adopted on November 11, 1985, and amended on August 13, 
2002.
    (B) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 408, adopted on September 1, 1974 and revised on August 21, 
2002.
    (2) Rule 415, adopted on August 21, 2002.
    (3) Rule 414, adopted on August 21, 2002.
    (4) Rules 412 and 413, adopted on September 1, 1974 and revised on 
August 21, 2002.

[[Page 263]]

    (303) New and amended regulations for the following APCDs were 
submitted on August 6, 2002, by the Governor's designee.
    (i) Incorporation by reference. (A) Santa Barbara County Air 
Pollution Control District.
    (1) Rule 401, adopted on October 18, 1971 and revised on May 16, 
2002.
    (B) Yolo Solano Air Quality Management District.
    (1) Rule 2.22, revised on June 12, 2002.
    (2) Rule 2.21, adopted on March 23, 1994 and amended on June 12, 
2002.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4311 adopted on June 20, 2002.
    (2) Rule 4661, adopted on May 16, 2002.
    (3) Rule 4693, adopted on May 16, 2002.
    (4) Rule 3170, ``Federally Mandated Ozone Nonattainment Fee,'' 
adopted on May 16, 2002.(304) New and amended regulations for the 
following APCD were submitted on December 6, 2001, by the Governor's 
designee.
    (i) Incorporation by reference. (A) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) Rules 8011, 8021, 8031, 8041, 8051, 8061, 8071, and 8081, 
adopted on November 15, 2001.
    (305) Amended regulations for the following APCD were submitted on 
May 20, 2002 by the Governor's designee.
    (i) Incorporation by reference. (A) Ventura County Air Pollution 
Control District.
    (1) Rules 10, 26.1, 26.2, 26.3, 26.4, 26.6, and 26.11 adopted on May 
14, 2002.
    (306) The following plan was submitted on December 5, 2002, by the 
Governor's designee.
    (i) Incorporation by reference. (A) Kern County Air Pollution 
Control District.
    (1) PM-10 (Respirable Dust) Attainment Demonstration, Maintenance 
Plan, and Redesignation Request (excluding pages 4-1, 4-2, 6-1, 6-2, 
Appendix A, and pages D-12 through D-37 of Appendix D) adopted on 
September 5, 2002.
    (B) California Air Resources Board, California.
    (1) California Air Resources Board Executive Order G-125-295 adopted 
on December 4, 2002.
    (307) New and amended regulations for the following APCDs were 
submitted on November 19, 2002, by the Governor's designee.
    (i) Incorporation by reference. (A) Sacramento Metropolitan Air 
Quality Management District.
    (1) Rule 449, adopted on February 5, 1975 and amended on September 
26, 2002.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4622, adopted on May 21, 1992 and amended on September 19, 
2002.
    (C) San Diego County Air Pollution Control District.
    (1) Rule 101, adopted on September 25, 2002.
    (2) Rule 67.11.1, adopted on September 25, 2002.
    (D) South Coast Air Quality Management District.
    (1) Rule 1137 adopted on February 1, 2002.
    (308) New and amended regulations for the following APCDs were 
submitted on December 12, 2002, by the Governor's designee.
    (i) Incorporation by reference. (A) Bay Area Air Quality Management 
District.
    (1) Rule 8-7, amended on November 6, 2002.
    (B) Lake County Air Quality Management District.
    (1) Sections 226.5, 232.1, 238.5, 249.3, 250.5, 433.5, 436, and 
436.5, adopted on October 1, 2002 and Sections 431.5, 431.7, 432.5, and 
433, amended on October 1, 2002.
    (C) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 307, adopted on September 26, 2002.
    (D) South Coast Air Quality Management District.
    (1) Rule 1631, amended on October 4, 2002.
    (309) New and amended plan for the following agency was submitted on 
November 18, 2002, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District (SCAQMD).
    (1) SCAQMD commitment to adopt and implement control measures, and 
reasonable further progress, as contained in the Implementation Status 
of the PM-10 Portion of the 1997 AQMP and PM-10 Emissions Budgets for 
Transportation Conformity use (2002

[[Page 264]]

status report) adopted by SCAQMD on June 7, 2002.
    (2) Baseline and projected emissions inventories, SCAQMD commitment 
to adopt and implement control measures, reasonable further progress, 
contingency measures, attainment demonstration, PM-10 attainment date 
extension, and motor vehicle emissions budgets, as contained in Chapters 
3, 4, 5, 6 and 8 of the 2002 Coachella Valley PM-10 SIP adopted by 
SCAQMD on June 21, 2002, and the 2002 Coachella Valley PM-10 SIP 
Addendum (Appendix E) adopted by SCAQMD on September 13, 2002.
    (310) New and amended rules for the following districts were 
submitted on May 21, 2002, by the Governor's designee.
    (i) Incorporation by reference. (A) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) Rule 4692, adopted on March 21, 2002.
    (B) South Coast Air Quality Management District.
    (1) Rule 1178 adopted on December 21, 2001; Rule 481 adopted on 
October 7, 1977 and amended on January 11, 2002; and, Rule 1141.2 
adopted on July 6, 1984 and amended on January 11, 2002.
    (311) New and amended rules for the following districts were 
submitted on December 23, 2002, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rule 1171, adopted on August 2, 1991 and amended on August 2, 
2002.
    (3) Rule 1309.1, adopted on May 3, 2002.
    (2) Previously approved on June 3, 2003 in paragraph 
(c)(311)(i)(A)(1) of this section and now deleted without replacement, 
Subsection (c)(1) (July 1, 2005 VOC limits) of Rule 1171.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rules 2020 and 2201 adopted on December 19, 2002.
    (312) New and amended rules for the following districts were 
submitted on January 21, 2003, by the Governor's designee.
    (i) Incorporation by reference. (A) Bay Area Air Quality Management 
District.
    (1) Rules 8.5 and 8.18, amended on November 27, 2002, and adopted on 
January 1, 1978 and October 1, 1980, respectively.
    (B) Santa Barbara County Air Pollution Control District.
    (1) Rule 360, adopted on October 17, 2002.
    (313) New and amended plan for the following agency was submitted on 
December 20, 2002, by the Governor's designee.
    (i) Incorporation by reference. (A) San Diego County Air Pollution 
Control District.
    (1) Ozone Redesignation Request and Maintenance Plan for San Diego 
County, including motor vehicle emissions budgets for 2010 and 2014, 
Resolution 02-389, adopted on December 11, 2002.
    (314) New and amended plan for the following agency was submitted on 
February 21, 2003, by the Governor's designee.
    (i) Incorporation by reference. (A) Santa Barbara County Air 
Pollution Control District.
    (1) Emission Inventories, 1-hour ozone maintenance demonstration, 
commitments to continue ambient monitoring and to track progress, and 
contingency measures, as contained in the Final 2001 Clean Air Plan 
adopted on December 19, 2002.
    (315) New and amended regulations for the following APCDs were 
submitted on April 1, 2003, by the Governor's designee.
    (i) Incorporation by reference. (A) Bay Area Air Quality Management 
District.
    (1) Rule 8-4, amended on October 16, 2002 and Rule 8-16, adopted on 
March 7, 1979 and amended on October 16, 2002.
    (2) Rule 8-31 adopted on September 7, 1983 and amended on October 
16, 2002; and Rule 8-43 adopted on November 23, 1988 and amended on 
October 16, 2002.
    (3) Rule 8-14, adopted on March 7, 1979 and amended on October 16, 
2002; and Rule 8-19, adopted on January 9, 1980 and amended on October 
16, 2002.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4408, adopted on December 19, 2002.
    (2) Rule 4610, adopted on December 19, 2002.
    (C) Mojave Desert Air Quality Management District.

[[Page 265]]

    (1) Rule 1113, adopted on February 24, 2003.
    (316) New and amended regulations for the following APCDs were 
submitted on June 5, 2003, by the Governor's designee.
    (i) Incorporation by reference. (A) Kern County Air Pollution 
Control District.
    (1) Rule 417, originally adopted on April 18, 1972, amended on March 
13, 2003.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4313, adopted on March 27, 2003.
    (C) San Diego County Air Pollution Control District.
    (1) Rule 67.3 adopted on May 9, 1979 and amended on April 9, 2003.
    (D) South Coast Air Quality Management District.
    (1) Rule 1133 adopted on January 10, 2003; Rule 1133.1 adopted on 
January 10, 2003; and, Rule 1133.2 adopted on January 10, 2003.
    (E) Yolo-Solano Air Quality Management District.
    (1) Rule 2.33, revised on March 12, 2003.
    (F) Antelope Valley Air Quality Management District.
    (1) Rule 1113, adopted on March 18, 2003.
    (317) The plan and amended regulation for the following APCD were 
submitted on August 19, 2003, by the Governor's designee.
    (i) Incorporation by reference. (A) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) Rule 4901, adopted on July 15, 1993 and amended on July 17, 
2003.
    (2) 2003 PM10 Plan, San Joaquin Valley Plan to Attain Federal 
Standards for Particulate Matter 10 Microns and Smaller (all except 
``Contingency Control Measures'' section, pages 4-53 to 4-55), adopted 
on June 19, 2003, and ``Regional Transportation Planning Agency 
Commitments for Implementation,'' dated April 2003 (Volume 3).
    (B) State of California Air Resources Board.
    (1) Executive Order G-125-304 ``Adoption and Submittal of New State 
Commitments for the San Joaquin Valley'' with Appendix A. Commitment to 
achieve additional emissions reductions in the San Joaquin Valley Air 
Basin of 10 tons per day (tpd) of nitrogen oxides and 0.5 tpd of direct 
PM10 by 2010 as given on page 4 of Executive Order G-125-304, executed 
August 19, 2003, and on page 5 of Appendix A (``State of California Air 
Resources Board, Resolution No. 03-14, June 26, 2003'') to E.O. G-125-
304.
    (318) Amended regulation for the following APCD was submitted on 
September 19, 2003, by the Governor's designee.
    (i) Incorporation by reference. (A) Ventura County Air Pollution 
Control District.
    (1) Rule 74.20, adopted on September 9, 2003.
    (319) Amended regulation for the following APCD was submitted on 
November 14, 2003, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rule 1168, amended on October 3, 2003.
    (320) New and amended regulations for the following APCDs were 
submitted on August 11, 2003, by the Governor's designee.
    (i) Incorporation by reference. (A) Monterey Bay Unified Air 
Pollution Control District.
    (1) Rule 438, adopted on April 16, 2003.
    (2) Rule 1002, adopted on February 22, 1989 and revised on April 16, 
2003.
    (3) Rule 418, adopted on September 1, 1974 and revised on April 16, 
2003.
    (4) Rule 101, adopted on April 16, 2003.
    (B) South Coast Air Quality Management District.
    (1) Rule 109 adopted on May 5, 1989 and amended on May 2, 2003; and, 
Rule 1131 adopted on September 15, 2000 and amended on June 6, 2003.
    (C) Santa Barbara County Air Pollution Control District.
    (1) Rule 102, adopted on June 19, 2003.
    (321) New and amended regulations for the following APCDs were 
submitted on November 4, 2003, by the Governor's designee.
    (i) Incorporation by reference. (B) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) Rule 4902, adopted on June 17, 1993.


    Editorial Note: The following paragraph (B) (1) was added at 69 FR 
21715, Apr. 22, 2004.


[[Page 266]]


    (B) Kern County Air Pollution Control District.
    (1) Rules 108 and 417, originally adopted on April 18, 1972, amended 
on July 24, 2003.
    (C) Great Basin Air Pollution Control District.
    (1) Rule 101, adopted on September 24, 2003.
    (2) Rule 406, adopted on January 21, 1976 and revised on September 
24, 2003.
    (3) Rule 407, adopted on September 5, 1974 and revised on September 
24, 2003.
    (D) San Diego County Air Pollution Control District.
    (1) Rule 69.4, adopted on September 27, 1994 and amended on July 30, 
2003.
    (322) New and amended plan for the following agency was submitted on 
December 9, 2003, by the Governor's designee.
    (i) Incorporation by reference. (A) Kern County Air Pollution 
Control District.
    (1) East Kern County Ozone Attainment Demonstration, Maintenance 
Plan and Redesignation Request, adopted on May 1, 2003: Chapter 5-- 
``Regional Forecast,'' including emissions inventory summary (Table 5-1) 
and motor vehicle emissions budgets (Table 5-2); Chapter 6-- ``Emission 
Control Measures,'' including contingency measures (Table 6-1); and 
Appendix B-- ``Emission Inventories.''
    (323) The following plan was submitted on November 30, 2001 by the 
Governor's designee.
    (i) Incorporation by reference. (A) Bay Area Air Quality Management 
District
    (1) San Francisco Bay Area Ozone Attainment Plan for the 1-hour 
National Ozone Standard (Section 3: Emission Inventory; Section 5: 
Control Strategy, except subsection ``Demonstrating Reasonable Further 
Progress'' Appendix B: Control Measure Descriptions; Appendix C: 
Reasonably Available Control Measure Analysis; Appendix E: Further Study 
Measure Descriptions;) adopted on October 24, 2001.
    (324) Amended regulation for the following AQMD was submitted on 
April 1, 2004, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rule 1132, adopted on January 19, 2001 and amended on March 5, 
2004.
    (325) Amended regulations for the following APCD were submitted on 
September 29, 2003, by the Governor's Designee.
    (i) Incorporation by reference. (A) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) Rules 4305 and 4351 adopted on August 21, 2003, and Rule 4306 
adopted on September 18, 2003.
    (326) Amended regulations for the following APCD were submitted on 
October 9, 2003, by the Governor's Designee.
    (i) Incorporation by reference. (A) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) Rules 4701 and 4702 adopted on August 21, 2003.
    (327) The following plan was submitted on December 30, 2003 by the 
Governor's designee.
    (i) Incorporation by reference. (A) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) Amendments to the 2003 San Joaquin Valley Plan to Attain Federal 
Standards for Particulate Matter 10 Microns and Smaller, adopted 
December 18, 2003.
    (328) Amended regulations for the following APCDs were submitted on 
January 15, 2004, by the Governor's Designee.
    (i) Incorporation by reference. (A) Ventura County Air Pollution 
Control District
    (1) Rule 70, adopted on June 25, 1974 and revised on November 11, 
2003.
    (2) Rule 56, adopted on October 22, 1968 and amended on November 11, 
2003.
    (B) South Coast Air Quality Management District.
    (1) Rule 1171, adopted on November 7, 2003.
    (2) Previously approved on July 27, 2004 in paragraph 
(c)(328)(i)(B)(1) of this section and now deleted without replacement, 
Subsection (c)(1) (July 1, 2005 VOC limits) of Rule 1171.
    (C) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 400, adopted on July 1, 1969, and amended on October 15, 
2003.
    (329) Amended regulations for the following APCDs were submitted on 
February 20, 2004, by the Governor's Designee.

[[Page 267]]

    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rules 2007, 2011 including protocol for Rule 2011, and 2012 
including protocol for Rule 2012 amended on December 5, 2003.
    (330) The following plan was submitted on April 10, 2003 by the 
Governor's designee.
    (i) Incorporation by reference. (A) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) Amended 2002 and 2005 Ozone Rate of Progress Plan for San 
Joaquin Valley, adopted on December 19, 2002.
    (i) Appendix E, ``Regional Transportation Planning Agency 
Commitments for Implementation.''
    (331) New and amended regulations for the following APCDs were 
submitted on June 3, 2004, by the Governor's designee.
    (i) Incorporation by reference. (A) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) Rule 4610 amended on April 17, 2003.
    (2) Rule 4604, adopted on April 11, 1991, and amended on January 15, 
2004.
    (B) South Coast Air Quality Management District.
    (1) Rule 461, originally adopted on January 9, 1976 and amended on 
January 9, 2004.
    (2) Rule 1105.1, adopted on November 7, 2003.
    (332) Amended regulations for the following APCDs were submitted on 
July 19, 2004, by the Governor's designee.
    (i) Incorporation by reference. (A) Imperial County Air Pollution 
Control District.
    (1) Rule 403, adopted on November 19, 1985 and revised on May 18, 
2004 and Rule 405, adopted prior to November 4, 1977 and revised on May 
18, 2004.
    (2) Rule 415, originally adopted on November 4, 1977 and revised on 
May 18, 2004.
    (3) Rule 425, adopted on August 5, 1989, and amended on May 18, 
2004.
    (4) Rule 414, Storage of Reactive Organic Compound Liquids, adopted 
on December 11, 1979, and revised on May 18, 2004.
    (B) Ventura County Air Pollution Control District.
    (1) Rule 2, adopted on October 22, 1968, and amended on April 13, 
2004.
    (2) Rules 50, 52, and 53, adopted on July 2, 1968 and revised on 
April 13, 2004.
    (3) Rules 68 and 102, adopted on May 23, 1972 and revised on April 
13, 2004.
    (333) New and amended regulations for the following AQMD were 
submitted on July 29, 2004, by the Governor's designee.
    (i) Incorporation by reference. (A) South Coast Air Quality 
Management District.
    (1) Rule 2015 adopted on October 15, 1993 and amended on June 4, 
2004.
    (2) Amended Rules 403 (except for subdivision h), 403.1 (except for 
subdivision j), and 1186, as adopted on April 2, 2004.
    (334) New and amended regulations for the following APCDs were 
submitted on September 23, 2004, by the Governor's designee.
    (i) Incorporation by reference. (A) Kern County Air Pollution 
Control District.
    (1) Rule 416.1, adopted on July 8, 2004.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4550 and the List of Conservation Management Practices, 
adopted on May 20, 2004, re-adopted on August 19, 2004.
    (2) Rules 8011, 8021, 8031, 8041, 8051, and 8061, amended on August 
19, 2004 and Rules 8071 and 8081, amended on September 16, 2004.
    (335) New and amended regulations for the following APCDs were 
submitted on January 13, 2005, by the Governor's designee.
    (i) Incorporation by reference. (A) Monterey Bay Unified Air 
Pollution Control District.
    (1) Rule 408, adopted on September 1, 1974 and revised on September 
15, 2004.
    (2) Rule 438, adopted on April 16, 2003 and revised on September 15, 
2004.
    (3) Rule 404, adopted on December 15, 2004.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4103, adopted on June 18, 1992 and amended on September 16, 
2004.
    (C) Ventura County Air Pollution Control District.
    (1) Rule 74.25, adopted on October 12, 2004.

[[Page 268]]

    (D) South Coast Air Quality Management District.
    (1) Rule 1122, adopted on October 1, 2004.
    (E) Kern County Air Pollution Control District
    (1) Rule 402, ``Fugitive Dust'', adopted on November 29, 1993 and 
amended on November 3, 2004.
    (336) New and amended regulations for the following APCDs were 
submitted on April 26, 2005, by the Governor's designee.
    (i) Incorporation by reference. (A) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) Rule 4101, adopted on May 21, 1992, and amended on February 17, 
2005.
    (B) Ventura County Air Pollution Control District.
    (1) Rules 74.6, 74.6.1, 74.12, 74.13, 74.19, 74.19.1, 74.24, and 
74.30, adopted on November 11, 2003.
    (C) Imperial County Air Pollution Control District.
    (1) Rule 101, adopted on January 11, 2005.
    (2) Rule 424, adopted on November 9, 1982 and revised on January 11, 
2005.
    (D) Santa Barbara County Air Pollution Control District.
    (1) Rule 102, adopted on January 20, 2005.
    (337) New and amended regulations for the following APCDs were 
submitted on July 15, 2005, by the Governor's designee.
    (i) Incorporation by reference. (A) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) Rule 4623, adopted on April 11, 1991 and amended on May 19, 
2005.
    (2) Rule 4403, adopted on April 11, 1991 and revised on April 20, 
2005; Rule 4409 adopted on April 20, 2005; Rule 4451 adopted on April 
11, 1991 and revised on April 20, 2005; Rule 4452 adopted on April 11, 
1991 and revised on April 20, 2005; and, Rule 4455 adopted on April 20, 
2005.
    (3) Rule 4204, adopted on February 17, 2005.
    (B) Ventura County Air Pollution Control District.
    (1) Rule 74.14, adopted on November 24, 1987 and revised on April 
12, 2005.
    (2) Rule 57, adopted on July 2, 1968 and revised on January 11, 2005 
and Rule 57.1, adopted on January 11, 2005.
    (3) Rule 74.20, Adhesives and Sealants, adopted on June 8, 1993, and 
revised on January 11, 2005.
    (C) South Coast Air Quality Management District.
    (1) Rules 2010, 2011, 2011 Protocol Appendix A Chapters 2-6 and 
Attachments A-F, 2012, and 2012 Protocol Appendix A Chapters 2-8 and 
Attachments A-G adopted on January 7, 2005.
    (D) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 403, adopted on September 1, 1974 and revised on February 
16, 2005.
    (338) New and amended regulations for the following agency were 
submitted on March 13, 2002, by the Governor's designee.
    (i) Incorporation by reference. (A) California Air Resources Board.
    (1) California Code of Regulations, Title 17, Division 3, Chapter 1, 
Subchapter 8.5, Consumer Products, Article 3, Aerosol Coating Products, 
Sections 94520 to 94528, and Subchapter 8.6, Maximum Incremental 
Reactivity, Article 1, Tables of Maximum Incremental Reactivity (MIR) 
Values, Sections 94700 to 94701, both adopted on May 1, 2001.
    (339) New and amended plans were submitted on January 9, 2004, by 
the Governor's designee.(i) Incorporation by reference.
    (A) South Coast Air Quality Management District (SCAQMD).
    (1) South Coast 2003 Air Quality Management Plan (AQMP), as adopted 
by SCAQMD on August 1, 2003, and by California Air Resources Board on 
October 23, 2003.
    (i) Baseline and projected emissions inventories in AQMP Chapter III 
Tables 3-1A and 3-3A, in Appendix III Tables A-1, A-2, A-3, A-5, and A-
7, and in Appendix V Attachment 4; SCAQMD commitment to adopt and 
implement control measures CMB-07, CMB-09, WST-01, WST-02, PRC-03, BCM-
07, BCM-08, MSC-04, MSC-06, TCB-01 in AQMP Chapter 4 Table 4-8A, and in 
Appendix IV-A); PM-10 reasonable further progress in AQMP Chapter 6, 
Table 6-1 and in Appendix V Chapter 2; contingency measures CTY-01, CTY-
14, TCB-01 in Appendix IV-A Section 2; PM-10 attainment demonstration in 
AQMP Chapter 5, and in Appendix V Chapter 2; and motor vehicle emissions 
budgets

[[Page 269]]

in ``2003 South Coast AQMP On-Road Motor Vehicle Emissions Budgets.''
    (2) 2003 Coachella Valley PM-10 State Implementation Plan, as 
adopted by SCAQMD on August 1, 2003, and by California Air Resources 
Board on October 23, 2003.
    (i) Baseline and projected emissions inventories in Tables 2-2, 2-3, 
2-4, and 2-5; reasonable further progress in Tables 2-9 and 2-7; 
attainment demonstration in Chapter 3; and motor vehicle emissions 
budgets in ``2003 Coachella Valley PM-10 SIP On-Road Motor Vehicle 
Emissions Budgets.''
    (B) State of California Air Resources Board.
    (1) ``Revised Proposed 2003 State and Federal Strategy for the 
California State Implementation Plan,'' (release date August 25, 2003), 
section I.D.2. ``2003 San Joaquin Valley Particulate Matter State 
Implementation Plan'' (pp. I-23 through I-25) which was adopted without 
revision to section I.D.2. on October 23, 2003 by ARB Resolution No. 03-
22.
    (ii) Additional material.
    (A) The following portions of the Final 2003 State and Federal 
Strategy (2003 State Strategy) for the California State Implementation 
Plan, adopted by the California Air Resources Board (ARB) on October 23, 
2003:
    (1) State agency commitments with respect to the following near-term 
defined measures for the South Coast Air Basin: LT/MED-DUTY-1 [Air 
Resources Board (ARB)], LT/MED-DUTY-2 (Bureau of Automotive Repair), ON-
RD HVY-DUTY-1 (ARB), ON-RD HVY-DUTY-3 (ARB), OFF-RD CI-1 (ARB), OFF-RD 
LSI-1 (ARB), OFF-RD LSI-2 (ARB), SMALL OFF-RD-1 (ARB), SMALL OFF-RD-2 
(ARB), MARINE-1 (ARB), MARINE-2 (ARB), FUEL-2 (ARB), CONS-1 (ARB), CONS-
2 (ARB), FVR-1 (ARB), FVR-2 (ARB), and PEST-1 (Department of Pesticide 
Regulation) in Resolution 03-22 Attachments A-2, A-3, A-4 and A-6 Table 
I-7 and in 2003 State Strategy Section I Appendix I-1 and Sections II 
and III.
    (B) The following portions of the South Coast 2003 Air Quality 
Management Plan (AQMP), adopted by the South Coast Air Quality 
Management District (SCAQMD) on August 1, 2003 and adopted by the 
California Air Resources Board on October 23, 2003:
    (1) Base year and future year baseline planning inventories (summer 
and winter) in AQMP Chapter III and Appendix III; SCAQMD commitment to 
adopt and implement control measures CTS-07, CTS-10, FUG-05, MSC-01, 
MSC-03, PRC-07, WST-01, WST-02, FSS-04, FLX-01, CMB-10, MSC-05, MSC-07, 
MSC-08, FSS-06, and FSS-07 in AQMP Chapter 4, Table 4-1, as qualified 
and explained in AQMP, Chapter 4, pages 4-59 through 4-61 and in 
Appendix IV-A Section 1, and SCAQMD commitments to achieve near-term and 
long-term emissions reductions through rule adoption and implementation 
in AQMP Chapter 4, Tables 4-8A and 4-8B; contingency measure CTY-01 in 
AQMP Chapter 9, Table 2 and in Appendix IV-A Section 2 (excluding FSS-
05); nitrogen dioxide maintenance demonstration in AQMP Chapter 6 page 
6-11; and motor vehicle emissions budget for nitrogen dioxide in year 
2003 of 686 tons per day (winter planning inventory) in AQMP Chapter 6 
Table 6-7.
    (2) Letter from Elaine Chang, Deputy Executive Officer, South Coast 
Air Quality Management District, dated September 10, 2008, containing 
supplemental material related to on-road motor vehicles emissions.
    (C) State of California Air Resources Board.
    (1) ``Revised Proposed 2003 State and Federal Strategy for the 
California State Implementation Plan,'' (release date August 25, 2003) 
as revised by ARB Resolution No. 03-22 (October 23, 2003) excluding for 
section I.D.2.
    (2) ARB Resolution No. 03-22 (October 23, 2003).
    (340) New and amended rules for the following agencies were 
submitted on November 16, 2004, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District (SCAQMD).
    (1) Amended Handbooks for Rules 403 (Chapters 5, 7, and 8) and 403.1 
(Chapters 2, 3, 4, and 7), as adopted on April 2, 2004.
    (B) Plan revisions for the Coachella Valley Planning Area.
    (1) Fugitive dust control ordinances for: City of Cathedral City 
Ordinance

[[Page 270]]

No. 583 (1/14/04), City of Coachella Ordinance No. 896 (10/8/03), City 
of Desert Hot Springs Ordinance No. 2003-16 (10/7/03), City of Indian 
Wells Ordinance No. 545 (11/6/03), City of Indio Ordinance No. 1357 (12/
3/03), City of La Quinta Ordinance No. 391 (12/2/03), City of Palm 
Desert Ordinance No. 1056 (11/13/03), City of Palm Springs Ordinance No. 
1639 (11/5/03), City of Rancho Mirage Ordinances No. 855 (12/18/03) and 
No. 863 (4/29/04), and County of Riverside Ordinance No. 742.1 (1/13/
04).
    (341) The 2004 Revision to the California State Implementation Plan 
for Carbon Monoxide, Updated Carbon Monoxide Maintenance Plan for the 
Ten Federal Planning Areas, submitted on November 8, 2004 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) California Air Resources Board.
    (1) 2004 Revision to the California State Implementation Plan for 
Carbon Monoxide, Updated Maintenance Plan for Ten Federal Planning 
Areas, adopted by the California Air Resources Board on July 22, 2004. 
The ten Federal planning areas include Bakersfield Metropolitan Area, 
Chico Urbanized Area, Fresno Urbanized Area, Lake Tahoe North Shore 
Area, Lake Tahoe South Shore Area, Modesto Urbanized Area, Sacramento 
Urbanized Area, San Diego Area, San Francisco-Oakland-San Jose Area, and 
Stockton Urbanized Area.
    (342) New and amended regulations for the following APCDs were 
submitted on October 20, 2005, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Yolo-Solano Air Quality Management District.
    (1) Rule 2.21, adopted on March 23, 1994, and amended on September 
14, 2005.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4103, adopted on June 18, 1992 and amended on May 19, 2005.
    (C) South Coast Air Quality Management District.
    (1) Rule 461, adopted on January 9, 1976 and amended on June 3, 
2005.
    (2) Rules 2000, 2001, 2005, 2007, 2011 Protocol Appendix A Chapter 
1, and 2012 Protocol Appendix A Chapter 1 adopted on May 6, 2005.
    (3) Rule 463, adopted on August 15, 1977 and amended on May 6, 2005.
    (4) Rule 403, adopted on May 7, 1976 and amended on June 3, 2005.
    (D) Great Basin Unified Air Pollution Control District.
    (1) Rule 405, adopted on September 5, 1974 and revised on July 7, 
2005.
    (343) An amended regulation for the following AQMD was submitted on 
December 21, 2005, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 2002 adopted on January 7, 2005.
    (344) New and amended regulations for the following APCDs were 
submitted on March 10, 2006, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Antelope Valley Air Quality Management District.
    (1) Rule 442, adopted on May 7, 1976 and amended on November 15, 
2005.
    (2) Rule 101, ``Title,'' and Rule 102, ``Definition of Terms,'' 
originally adopted on February 4, 1977 and amended on May 17, 2005.
    (3) Rule 106, ``Increments of Progress,'' Rule 210, 
``Applications,'' Rule 212, ``Standards for Approving Permits,'' and 
Rule 218, ``Stack Monitoring,'' originally adopted on January 9, 1976 
and amended on May 17, 2005.
    (4) Rule 108, ``Alternative Emission Control Plans,'' Rule 109, 
``Recordkeeping for Volatile Organic Compound Emissions,'' Rule 208, 
``Permit for Open Burning,'' Rule 220, ``Exemption--Net Increase in 
Emissions,'' Rule 221, ``Plans,'' and Rule 226, ``Limitations on 
Potential to Emit,'' originally adopted on March 2, 1990, May 5, 1989, 
October 8, 1976, November 4, 1977, January 4, 1985, and March 17, 1998, 
respectively, and amended on May 17, 2005.
    (B) Lake County Air Quality Management District.
    (1) Chapter VIII, Section 1002 and Table 8, adopted on March 19, 
1996 and amended on August 9, 2005.
    (C) San Joaquin Valley Unified Air Quality Management District.
    (1) Rule 4308, adopted on October 20, 2005; Rule 4309, adopted on 
December 15, 2005; and Rule 4905, adopted on October 20, 2005.

[[Page 271]]

    (D) Ventura County Air Pollution Control District.
    (1) Rule 74.9, Stationary Internal Combustion Engines, adopted on 
November 8, 2005.
    (345) New and amended regulations for the following APCDs were 
submitted on June 16, 2006, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 102, adopted on December 3, 2004.
    (2) Rule 1178 adopted on December 21, 2001, and amended on April 7, 
2006.
    (B) Sacramento Metropolitan Air Quality Management District.
    (1 ) Rule 411, adopted on October 27, 2005.
    (C) Ventura County Air Pollution Control District.
    (1) Rule 11, ``Definitions for Regulation II,'' and Rule 29, 
``Conditions on Permits,'' adopted on June 13, 1995 and May 23, 1972, 
respectively, and revised on March 14, 2006.
    (2) Rule 26, ``New Source Review--General,'' Rule 26.2, ``New Source 
Review--Requirements,'' Rule 26.3, ``New Source Review--Exemptions,'' 
Rule 26.4, ``New Source Review--Emissions Banking,'' Rule 26.5, ``New 
Source Review--Essential Public Service Bank,'' and Rule 26.6, ``New 
Source Review--Calculations,'' originally adopted on October 22, 1991 
and now revised on March 14, 2006.
    (D) Great Basin Unified Air Pollution Control District
    (1) Rule 201, ``Exemptions,'' adopted on September 5, 1974 and 
revised on January 23, 2006.
    (E) Imperial County Air Pollution Control District.
    (1) Rule 800,``General Requirements for Control of Fine Particulate 
Matter (PM-10),'' adopted on October 10, 1994, revised on November 25, 
1996 and revised on November 8, 2005.
    (2) Rule 801,``Construction & Earthmoving Activities,'' Rule 802, 
``Bulk Materials,'' Rule 803,``Carry-Out & Track-Out,'' Rule 804,``Open 
Areas,'' Rule 805,''Paved & Unpaved Roads,`` Rule 806,''Conservation 
Management Practices,'' adopted on November 8, 2005.
    (346) New and amended plans for the following AQMD were submitted on 
February 24, 2006, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District (SCAQMD).
    (1) 2005 Carbon Monoxide Redesignation Request and Maintenance Plan 
for the South Coast Air Basin, as adopted by SCAQMD on March 4, 2005, 
and by California Air Resources Board on February 24, 2006.
    (347) New and amended regulations for the following APCDs were 
submitted on October 5, 2006, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4307, adopted on April 20, 2006.
    (2) Rule 4352, ``Solid Fuel Fired Boilers, Steam Generators and 
Process Heaters,'' amended on May 18, 2006.
    (B) South Coast Air Quality Management District.
    (1) Rule 1118 adopted February 13, 1998, and amended November 4, 
2005.
    (C) Mojave Desert Air Quality Management District.
    (1) Rule 442, Adopted: 5/7/76; CARB Ex. Ord. G-73: 02/01/77; 
Readopted: 07/25/77; Amended: 02/02/79; Amended: 02/27/06.
    (D) Ventura County Air Pollution Control District.
    (1) Rule 74.30, Wood Products Coatings, adopted May 17, 1994 and 
revised on June 27, 2006.
    (348) New and amended rules for the following APCDs were submitted 
on December 29, 2006 by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Air Pollution Control District.
    (1) Rule 4354, adopted on August 17, 2006.
    (2) Rule 9310, ``School Bus Fleets,'' adopted on September 21, 2006.
    (3) Rule 9510, ``Indirect Source Review (ISR),'' adopted on December 
15, 2005.
    (B) South Coast Air Quality Management District.
    (1) Rule 1156, adopted on November 4, 2005.

[[Page 272]]

    (349) San Francisco Bay Area Transportation Air Quality Conformity 
Protocol--Conformity Procedures and Interagency Consultation Procedures 
was submitted on December 20, 2006, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Association of Bay Area Governments (ABAG), Bay Area Air Quality 
Management District (BAAQMD), and Metropolitan Transportation Commission 
(MTC).
    (1) The San Francisco Bay Area Transportation Air Quality Conformity 
Protocol--Conformity Procedures (July 26, 2006) and San Francisco Bay 
Area Transportation Air Quality Conformity Protocol--Interagency 
Consultation Procedures (July 26, 2006), adopted by BAAQMD on July 19, 
2006, by ABAG on July 20, 2006, and by MTC on July 26, 2006.
    (350) New and amended regulations were submitted on May 8, 2007, by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Great Basin Unified Air Pollution Control District.
    (1) Rule 431, adopted on December 7, 1990 and revised on December 4, 
2006.
    (2) Rule 401, ``Fugitive Dust'', adopted on September 5, 1974 and 
amended on December 04, 2006.(B) Mojave Desert Air Quality Management 
District.
    (1) Rule 444, adopted on October 8, 1976 and amended on September 
25, 2006.
    (2) Rule 1106, Marine Coating Operations, adopted on August 28, 2006 
and amended on October 23, 2006.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1 ) Rule 4702, adopted on August 21, 2003 and amended on January 
18, 2007.
    (2) Rule 4401, ``Steam-Enhanced Crude Oil Production Wells,'' 
adopted on December 14, 2006.(D) South Coast Air Quality Management 
District.
    (1) Rule 1107, Coating of Metal Parts and Products, adopted on June 
1, 1979, and amended on January 6, 2006.
    (E) Ventura County Air Pollution Control District.
    (1) Rule 26.1, ``New Source Review--Definitions,'' originally 
adopted on October 22, 1991 and now revised on November 14, 2006.
    (351) New and amended regulation for the following APCDs were 
submitted on August 24, 2007, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Imperial County Air Pollution Control District.
    (1) Rule 101, Adopted 7/28/81; revised 9/14/99; 1/16/2001; 12/11/
2001; 08/13/02; 01/11/2005; 10/10/2006.
    (2) Rule 420, ``Beef Feedlots,'' adopted on October 10, 2006.
    (3) Rule 201, ``Permits Required'' amended on October 10, 2006.
    (4) Rule 202, ``Exemptions'' amended on October 10, 2006.
    (B) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 101, Adopted 9-1-74; Revised 12-21-83; 12-13-84; 11-13-96; 
11-12-98; and 12-15-1999; and 4-16-03; and 2-21-07.
    (2) Rules 415 and 418, adopted on September 1, 1974 and revised on 
February 21, 2007 and March 21, 2007, respectively.
    (3) Rule 1002, adopted on February 22, 1989 and revised on March 21, 
2007.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4104, ``Reduction of Animal Matter,'' Rule 4404, ``Heavy 
Oil Test Station--Kern County,'' adopted May 21, 1992 and amended on 
December 17, 1992.
    (2) Rule 4641, ``Cutback, Slow Cure, and Emulsified Asphalt, Paving 
and Maintenance Operations,'' Rule 4672, ``Petroleum Solvent Dry 
Cleaning Operations,'' adopted April 11, 1991 and amended on December 
17, 1992.
    (3) Rule 4453, ``Refinery Vacuum Producing Devices or Systems,'' 
adopted on May 21, 1992 and amended on December 17, 1992.
    (4) Rule 4454, ``Refinery Process Unit Turnaround,'' adopted on May 
21, 1992 and amended on December 17, 1992.
    (5) Rule 4402, ``Crude Oil Production Sumps'', adopted on April 11, 
1991 and amended December 17, 1992.
    (6) Rule 4625, ``Wastewater Separators'', adopted on April 11, 1991 
and amended December 17, 1992.
    (7) Rule 4565, ``Biosolids, Animal Manure, and Poultry Litter 
Operations'', adopted on March 15, 2007.
    (D) Kern County Air Pollution Control District.
    (1) Rule 404.1, adopted on April 18, 1972 and amended on January 24, 
2007.

[[Page 273]]

    (i) Resolution No. 2007-001-01, Reference No. Item 5, Adoption of 
Amendments to Rules and Regulations of the Kern County Air Pollution 
Control District; to Wit: Rule 404.1.
    (2) Rule 431, adopted on January 24, 2007 and amended on March 8, 
2007.
    (i) Resolution No. 2007-003-03, Reference No. Item 3, Amendments to 
Rules and Regulations of the Kern County Air Pollution Control District; 
To Wit: Rule 431 (Propellant Combustion and Rocket Testing).
    (352) New and amended regulations were submitted on September 5, 
2007, by the governor's designee.
    (i) Incorporation by reference.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1 ) Rule 413, adopted on April 6, 1995 and amended on March 24, 
2005.
    (353) New and amended regulations were submitted on August 12, 2002, 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) Rule 9-10, Inorganic Gaseous Pollutants: Nitrogen Oxides and 
Carbon Monoxide from Boilers, Steam Generators, and Process Heaters in 
Petroleum Refineries, adopted on July 17, 2002.
    (354) New and amended regulations for the following APCDs were 
submitted on March 7, 2008, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 2004, ``Requirements'' adopted on October 15, 1993 and 
amended on April 6, 2007.
    (2) Rule 2007, ``Trading Requirements'' adopted on October 15, 1993 
and amended April 6, 2007.
    (3) Rule 2010, ``Administrative Remedies and Sanctions'' adopted on 
October 15, 1993 and amended on April 6, 2007.
    (4) Rule 1146.2, ``Emissions of Oxides of Nitrogen From Large Water 
Heaters and Small Boilers and Process Heaters,'' adopted on January 8, 
1998 and amended on May 5, 2006.
    (5) Rule 1113, ``Architectural Coatings,'' amended on July 13, 2007.
    (B) Mojave Desert Air Quality Management District.
    (1) Rule 1162, Polyester Resin Operationss, adopted on August 27, 
2007
    (C) Sacramento Metropolitan Air Quality Management District
    (1) Rule 411, ``NOx from Boilers, Process Heaters and Steam 
Generators'' adopted on October 27, 2005 and amended on August 23, 2007.
    (D) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 427, ``Steam Drive Crude Oil Production Wells,'' adopted on 
January 16, 1980 and amended on October 17, 2007.
    (E) San Joaquin Valley Unified Air Pollution Control District
    (1) Rule 4662, ``Organic Solvent Degreasing Operations,'' Adoption 
April 11, 1991 and amended September 20, 2007
    (2) Rule 4663, ``Organic Cleaning Storage, and Disposal,'' Adoption 
December 20, 2001 and amended September 20, 2007
    (3) Rule 4624, ``Transfer of Organic Liquid,'' adopted on December 
20, 2007.
    (4) Rule 4653, ``Adhesives,'' adopted on September 20, 2007.
    (5) Rule 4703, ``Stationary Gas Turbines,'' adopted on September 20, 
2007.
    (6) Rule 4621, ``Gasoline Transfer into Stationary Storage 
Containers, Delivery Vessels, and Bulk Plants,'' amended on December 20, 
2007.
    (7) Rule 4622, ``Gasoline Transfer into Motor Vehicle Fuel Tanks,'' 
amended on December 20, 2007.
    (8) Rule 4651, ``Soil Decontamination Operations,'' amended on 
September 20, 2007.
    (9) Rule 4604, ``Can and Coil Coating Operations,'' adopted on 
September 20, 2007.
    (10) Rule 4612, ``Motor Vehicle and Mobile Equipment Coating 
Operations-Phase II,'' adopted on September 20, 2007.
    (11) Rule 4605, ``Aerospace Assembly and Component Coating 
Operations,'' adopted on September 20, 2007.
    (12) 4684, ``Polyester Resin Operations,'' adopted on September 20, 
2007.
    (13) Rule 4661, ``Organic Solvents,'' amended on September 20, 2007.
    (14) Rule 2020, ``Exemptions,'' adopted on September 19, 1991 and 
amended on December 20, 2007.
    (F) San Diego Air Pollution Control District.

[[Page 274]]

    (1) Rule 67.6.1, ``Cold Solvent Cleaning and Stripping Operations,'' 
adopted May 23, 2007.
    (2) Rule 67.6.2, ``Vapor Degreasing Operations,'' adopted May 23, 
2007.
    (G) Northern Sierra Air Quality Management District.
    (1) Rule 227, ``Cutback and Emulsified Asphalt Paving Materials,'' 
adopted on November 27, 2006.
    (355) The following plan revision was submitted on November 30, 
2007, by the Governor's designee.
    (i) Incorporation by reference.
    (A) California Air Resources Board.
    (1) Attachment 3 to Executive Order S-07-003, Appendix H, Revised 
Proposed Revision to the Pesticide Element of the 1994 Ozone SIP for the 
Ventura County Nonattainment Area (August 13, 2007).
    (2) California Air Resources Board, Executive Order S-07-003, 
November 30, 2007; to Wit: Revised Pesticide Element of the 1994 Ozone 
SIP for the Ventura County Nonattainment Area.
    (356) The following plan was submitted on November 16, 2007, by the 
Governor's Designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Air Pollution Control District.
    (1) 2007 PM10 Maintenance Plan and Request for Redesignation, 
adopted by the San Joaquin Valley Air Pollution Control District on 
September 20, 2007, section 6. Contingency Plan on pages 16 to 17.
    (ii) Additional materials.
    (A) San Joaquin Valley Air Pollution Control District.
    (1) 2007 PM10 Maintenance Plan and Request for Redesignation, 
adopted by the San Joaquin Valley Air Pollution Control District on 
September 20, 2007, except for Appendices A through F.
    (2) State of California, Air Resources Board, Staff Report, Analysis 
of the San Joaquin Valley 2007 PM10 Maintenance Plan, Release Date: 
October 12, 2007, Appendix B Emission Inventory.
    (3) Letter dated May 13, 2008, from James N. Goldstene, California 
Air Resources Board, to Wayne Nastri, EPA, providing revised motor 
vehicle emission budgets for the 2007 San Joaquin Valley PM10 
Maintenance Plan.
    (B) State of California Air Resources Board.
    (1) Proposed State Strategy for California's 2007 State 
Implementation Plan, adopted on September 27, 2007.
    (2) CARB Resolution No. 07-28 with Attachments A and B, September 
27, 2007. Commitment to achieve the total emissions reductions necessary 
to attain the Federal standards in the SJV air basin, which represent 
2.3 tons per day (tpd) of direct PM2.5 and 17.1 tpd of 
nitrogen oxides by 2014 for purposes of the 1997 PM2.5 NAAQS, 
as described in Resolution No. 07-28 at Attachment B, pp. 3-6, and 
modified by CARB Resolution No. 09-34 (April 24, 2009) adopting ``Status 
Report on the State Strategy for California's 2007 State Implementation 
Plan (SIP) and Proposed Revisions to the SIP Reflecting Implementation 
of the 2007 State Strategy'' and by CARB Resolution No. 11-24 (April 28, 
2011) adopting the ``Progress Report on Implementation of 
PM2.5 State Implementation Plans (SIP) for the South Coast 
and San Joaquin Valley Air Basins and Proposed SIP Revisions.''
    (3) Executive Order S-07-002, Relating to Approval of the State 
Strategy for California's State Implementation Plan (SIP) for the 
Federal 8-Hour Ozone and PM2.5 Standards, November 16, 2007.
    (4) CARB Resolution No. 07-28 with Attachments A and B, September 
27, 2007. Commitments to achieve the total emissions reductions 
necessary to attain the Federal standards in the SJV air basin, which 
represent aggregate emissions reductions of 24 tons per day (tpd) of 
volatile organic compounds (VOC) and 46 tpd of nitrogen oxides 
(NOX) by 2023 from existing technologies and 81 tpd of 
NOX by 2023 from new technologies and to achieve 23 tpd of 
VOC by 2014; 88-93 tpd of NOX by 2017; 24 tpd of VOC and 56 
tpd of NOX by 2020 as provided in CARB Resolution 07-28, 
Attachment B, pp. 3-6 as modified by the 2009 State Strategy Status 
Report, pp. 20-21 as adopted by CARB Resolution No. 09-34 (April 24, 
2009).
    (357) The following commitments were submitted on February 29, 2008, 
by the Governor's Designee:
    (i) Incorporation by reference.
    (A) Commitments for the installation and operation of a FRM or FEM 
PM-10 monitor and SIP development and submittal.

[[Page 275]]

    (1 ) Resolution No. 2008-001-02, adopted by the Air Pollution 
Control Board, Kern County Air Pollution Control District on February 
27, 2008.
    (2 ) Executive Order S-08-004, adopted by the California Air 
Resources Board on March 3, 2008.
    (358) The 8-Hour Ozone Reasonable Available Control Technology State 
Implementation Plans (RACT)(SIP) for the following Air Quality 
Management Districts (AQMDs)/Air Pollution Control Districts (APCDs) 
were submitted on January 31, 2007, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Resolution 06-24 (A Resolution of the South Coast Air Quality 
Management District (SCAQMD) Board certifying that the SCAQMD's current 
air pollution rules and regulations fulfill the 8-hour Reasonably 
Available Control Technology (RACT) requirements, and adopting the RACT 
SIP revision, dated July 14, 2006.
    (2) South Coast Air Quality Management District (SCAQMD) Staff 
Report, SCAQMD 8-Hour Ozone Reasonably Available Control Technology 
(RACT) State Implementation Plan (SIP) Demonstration, including 
appendices, dated June 2006.
    (3) Notice of Exemption from the California Environmental Quality 
Act, SCAQMD 8-Hour Ozone Reasonably Available Control Technology (RACT) 
State Implementation Plan (SIP), dated June 2, 2006.
    (4) EPA comment letter to South Coast Air Quality Management 
District dated June 28, 2006, on 8-hour Ozone Reasonably Available 
Control Technology--State Implementation Plan (RACT SIP) Analysis, draft 
staff report dated May 2006, from Andrew Steckel, Chief, Rulemaking 
Office, U.S. EPA to Mr. Joe Cassmassi, Planning and Rules Manager, South 
Coast Air Quality Management District.
    (B) Ventura County Air Pollution Control District.
    (1) Ventura County Air Pollution Control Board Resolution approving 
and adopting the 2006 Reasonably Available Control Technology State 
Implementation Plan Revision, dated June 27, 2006.
    (2) Final Ventura County Air Pollution Control District 2006 
Reasonably Available Control Technology (RACT) State Implementation Plan 
(SIP) Revision, including Tables A-1, A-2, B, C, and D, dated June 27, 
2006.
    (359) New and amended regulations were submitted on July 18, 2008, 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) North Coast Unified Air Quality Management District.
    (1) Rule 104.2, ``Visible Emissions,'' Rule 104.3, ``Particulate 
Matter,'' Rule 104.4, ``Fugitive Dust Emissions,'' and Rule 104.10, 
``Petroleum Loading and Storage,'' originally adopted on November 3, 
1982 and revised on May 19, 2005.
    (2) Rule 200, ``Effective Date and Definitions,'' Rule 202, ``Burn 
Hours and Notice of Ignition,'' Rule 203, ``General Burn Practices, 
Requirements, and Conditions,'' Rule 204, ``Ignition Devices and 
Methods,'' Rule 207, ``Wildland Vegetation Management,'' and Rule 208, 
``Burn Registration Program,'' originally adopted on July 18, 2003 and 
revised on May 15, 2005; Rule 201, ``General Prohibitions and Exemptions 
for Selected Open Burning'' originally adopted on July 18, 2003 and 
revised on May 17, 2007; Rule 205, ``Certificates from Department of 
Fish and Game,'' adopted on July 18, 2003; and Rule 206, ``Burning at 
Disposal Sites,'' originally adopted on July 18, 2003 and revised on 
December 16, 2004.
    (3) Rule 100, ``General Provisions,'' originally adopted on November 
3, 1982 and amended on May 19, 2005.
    (4) Rule 101, ``Definitions,'' originally adopted on November 3, 
1982 and amended on May 19, 2005 and May 15, 2008.
    (5) Rule 108, ``Severability of Rules and Regulations,'' originally 
adopted on May 19, 2005.
    (B) South Coast Air Quality Management District
    (1) Rule 1121, ``Fuel Burning Equipment,'' adopted on December 10, 
1999 and amended on September 3, 2004.
    (2) Rule 445, ``Wood Burning Devices,'' adopted on March 7, 2008.
    (C) Placer County Air Pollution Control District.

[[Page 276]]

    (1) Rule 212, ``Storage of Organic Liquids,'' adopted on May 24, 
1977 and amended on June 19, 1997.
    (2) Rule 216, ``Organic Solvent Cleaning and Degreasing 
Operations,'' amended on December 11, 2003.
    (3) Rule 215, ``Transfer of Gasoline Into Trucks, Trailers, and 
Railroad Tank Cars at Loading Facilities,'' adopted on June 19, 1997.
    (D) Antelope Valley Air Quality Management District.
    (1) Rule 444, ``Open Outdoor Fires,'' adopted on October 8, 1976 and 
revised on February 19, 2008.
    (E) Santa Barbara County Air Pollution Control District.
    (1) Rule 361, ``Small Boilers, Steam Generators and Process 
Heaters,'' adopted on January 17, 2008.
    (360) New and amended regulations were submitted on May 20, 2008 by 
the Governor's designee.
    (i) Incorporation by Reference.
    (A) South Coast Air Quality Management District
    (1) Rule 1110.2, ``Gaseous- and Liquid-Fueled Internal Combustion 
Engines, adopted on August 3, 1990 and amended February 1, 2008.
    (361) New and amended regulations were submitted on October 20, 
2008, by the governor's designee.
    (i) Incorporation by Reference.
    (A) Santa Barbara County Air Pollution Control District.
    (1) Rule 102, ``Definitions,'' adopted on October 18, 1971 and 
revised on June 19, 2008.
    (2) Rule 333, ``Control of Emissions from Reciprocating Internal 
Combustion Engines,'' adopted on June 19, 2008.
    (B) Antelope Valley Air Quality Management District
    (1) Rule 1173, ``Fugitive Emissions of Volatile Organic Compounds,'' 
adopted July 7, 1989 and amended June 17, 2008.
    (362) New and amended regulations were submitted on April 29, 2009 
by the Governor's designee.
    (i) Incorporation by Reference.
    (A) San Diego Air Pollution Control District.
    (1) Rule 27.1, ``Federal Requirements for the San Diego County Air 
Pollution Control District's Alternative Mobile Source Emission 
Reduction Program Approved On September 8, 2000,'' adopted and effective 
on August 8, 2008.
    (B) South Coast Air Quality Management District.
    (1) Rule 1168, ``Adhesive and Sealant Applications,'' amended on 
January 7, 2005.
    (C) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 450, ``Graphic Arts Operations,'' adopted October 23, 2008.
    (D) San Joaquin Valley Air Pollution Control District.
    (1) Rule 4902, ``Residential Water Heaters,'' amended on March 19, 
2009.
    (363) New and amended regulations were submitted on March 17, 2009 
by the Governor's designee.
    (i) Incorporation by Reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 1020, ``Definitions,'' adopted on June 18, 1992 and amended 
on January 15, 2009.
    (2) Rule 4607, ``Graphic Arts and Paper, Film, Foil, and Fabric 
Coatings,'' adopted on December 18, 2008.
    (3) Rule 4306, ``Boilers, Steam Generators and Process Heaters--
Phase 3, '' adopted on October 16, 2008.
    (4) Rule 4307, ``Boilers, Steam Generators and Process Heaters--2.0 
MMbtu/hr to 5.0 MMbtu/hr,'' adopted on October 16, 2008.
    (5) Rule 2201, ``New and Modified Stationary Source Review Rule,'' 
adopted on September 19, 1991, and amended on December 18, 2008.
    (6) Rule 2530, ``Federally Enforceable Potential to Emit,'' adopted 
on June 15, 1995, and amended on December 18, 2008.
    (7) Rule 4320, ``Advance Emission Reduction Options for Boilers, 
Steam Generators and Process Heaters greater than 5.0 MMbtu/hr,'' 
adopted on October 16, 2008.
    (B) Santa Barbara County Air Pollution Control District.
    (1) Rule 102, ``Definitions,'' adopted on October 18, 1971 and 
amended on January 15, 2009.
    (2) Rule 316, ``Storage and Transfer of Gasoline,'' adopted on 
January 15, 2009.
    (C) Yolo Solano Air Quality Management District
    (1) Rule 3.21, ``Rice Straw Emission Reduction Credits,'' adopted on 
December 10, 2008.
    (D) Placer County Air Pollution Control District.

[[Page 277]]

    (1) Rule 231, ``Industrial, Institutional and Commercial Boiler, 
Steam Generator and Process Heaters,'' amended on October 9, 1997.
    (364) New and amended regulations were submitted on December 23, 
2008 by the Governor's designee.
    (i) Incorporation by Reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4606, ``Wood Products and Flat Wood Paneling Product 
Coating Operations,'' adopted on October 16, 2008.
    (2) Rule 4901, ``Wood Burning Fireplaces and Wood Burning Heaters,'' 
amended on October 16, 2008.
    (3) Rule 4603, ``Surface Coating of Metal Parts and Products,'' 
adopted on October 16, 2008.
    (B) South Coast Air Quality Management District.
    (1) Rule 1158, ``Storage, Handling, and Transport of Coke, Coal and 
Sulfur,'' amended July 11, 2008.
    (2) Rule 1186, ``PM10 Emissions from Paved and Unpaved 
Roads and Livestock Operations,'' amended on July 11, 2008.
    (C) Yolo-Solano Air Quality Management District.
    (1) Rule 2.41, ``Expandable Polystyrene Manufacturing Operations,'' 
adopted on September 10, 2008.
    (365) New and amended regulations were submitted on March 27, 2008, 
by the Governor's designee.
    (i) Incorporation by Reference.
    (A) California Air Resources Board.
    (1) Barclays Official California Code of Regulations, Title 17 
Public Health, Division 3 Air Resources, Chapter 1 Air Resources Board, 
Subchapter 8.5 Consumer Products, Article 1 Antiperspirants and 
Deodorants, amendment filed 6-20-2005, operative 7-20-2005.
    (2) Barclays Official California Code of Regulations, Title 17 
Public Health, Division 3 Air Resources, Chapter 1 Air Resources Board, 
Subchapter 8.5 Consumer Products, Article 2 Consumer Products, amendment 
filed 11-8-2007, operative 12-8-2007.
    (3) Barclays Official California Code of Regulations, Title 17 
Public Health, Division 3 Air Resources, Chapter 1 Air Resources Board, 
Subchapter 8.5 Consumer Products, Article 3 Aerosol Coating Products, 
amendment filed 11-8-2007, operative 12-8-2007.
    (366) New and amended regulations for the following agencies were 
submitted on April 6, 2009, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4103, ``Open Burning,'' amended May 17, 2007.
    (B) South Coast Air Quality Management District.
    (1) Rule 1125, ``Metal Container, Closure, and Coil Coating 
Operations,'' amended on March 7, 2008.
    (2) Rule 1149, ``Storage Tank and Pipeline Cleaning and Degassing,'' 
amended on May 2, 2008.
    (3) Rule 1162, ``Polyester Resin Operations,'' amended on July 8, 
2005.
    (C) Antelope Valley Air Quality Management District.
    (1) Rule 461, ``Gasoline Transfer and Dispensing,'' adopted on 
October 21, 2008.
    (367) The following plan was submitted on December 19, 2007, by the 
Governor's Designee.
    (i) [Reserved]
    (ii) Additional material.
    (A) Monterey Bay Unified Air Pollution Control District (MBUAPCD).
    (1) 2007 Federal Maintenance Plan for Maintaining the National Ozone 
Standard in the Monterey Bay Region (Monterey Maintenance Plan), 
excluding Appendix A.
    (2) MBUAPCD Board of Directors Certified Minutes and Resolution 
dated March 21, 2007, adopting the Monterey Maintenance Plan.
    (3) Letter dated May 10, 2007, from Association of Monterey Bay Area 
Governments (AMBAG) to MBUAPCD, confirming AMBAG's approval of the 
Monterey Maintenance Plan on May 9, 2007.
    (4) California Air Resources Board Executive Order  G-07-
68, dated December 19, 2007, adopting the Monterey Maintenance Plan.
    (368) New and amended regulations were submitted on June 26, 2009 by 
the Governor's designee.
    (i) Incorporation by Reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4570, ``Confined Animal Facilities,'' adopted on June 18, 
2009.

[[Page 278]]

    (369) New and amended plans were submitted on November 15, 2004 by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) State of California Air Resources Board.
    (1) ARB Resolution No. 04-29. Commitment to achieve additional 
emission reductions in the San Joaquin Valley Air Basin of 10 tons per 
day (tpd) of nitrogen oxides and 15 tpd of volatile organic compounds by 
2010 as described on page 5 of Resolution No. 04-29 October 28, 2004 and 
page 29 of ``Staff Report, Proposed 2004 State Implementation Plan for 
Ozone in the San Joaquin Valley, release date September 28, 2004.''
    (ii) Additional Material.
    (A) San Joaquin Valley Air Pollution Control District.
    (1) Extreme Ozone Attainment Demonstration Plan, as adopted by the 
SJVAPCD on October 8, 2004 and by the California Air Resource Board on 
October 28, 2005.
    (370) An amended plan was submitted on March 6, 2006 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional Material.
    (A) San Joaquin Valley Air Pollution Control District.
    (1) Amendments to the 2004 Extreme Ozone Attainment Demonstration 
Plan adopted by the SJVAPCD on October 20, 2005 and by CARB on March 3, 
2006.
    (B) State of California Air Resources Board.
    (1) Executive Order G-126-336, dated March 3, 2005 (year is 
correctly 2006).
    (371) An amended plan was submitted on September 8, 2008 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional Material.
    (A) San Joaquin Valley Air Pollution Control District.
    (1) ``Clarifications Regarding the 2004 Extreme Ozone Attainment 
Demonstration Plan for the Revoked Federal 1-hr Ozone Standard'' adopted 
by the SJVAPCD on August 31, 2008 and by CARB on September 5, 2008.
    (B) State of California Air Resources Board.
    (1) Executive Order S-08-012, ``Approval and Submittal of Amendments 
to the 2004 San Joaquin Valley 1-hour Ozone Attainment Plan,'' dated 
September 5, 2008.
    (372) The following revisions to the California Motor Vehicle 
Inspection and Maintenance Program were submitted on June 5, 2009 (2009 
I/M Revision), by the Governor's Designee.
    (i) Incorporation by reference. (A) California Air Resources Board. 
(1) California Code of Regulations, Title 16 (Professional and 
Vocational Regulations), Division 33 (Bureau of Automotive Repair), 
Chapter 1 (Automotive Repair Dealers and Official Stations and 
Adjusters), Article 1 (General Provisions), sections 3303.1, ``Public 
Access to License, Administrative Action, and Complaint Information'' 
(operative July 20, 2007); 3303.2, ``Review of Applications for 
Licensure, Registration and Certification; Processing Time'' (operative 
July 9, 2003); Article 5.5 (Motor Vehicle Inspection Program), sections 
3340.1, ``Definitions'' (operative June 29, 2006); 3340.7, ``Fee for 
Inspection at State-Contracted Test-Only Facility'' (operative August 
17, 1995); 3340.9, ``Repair Assistance Program'' (operative October 30, 
2000); 3340.10, ``Licensing of Smog Check Stations'' (operative July 26, 
1996); 3340.15, ``General Requirements for Smog Check Stations'' 
(operative July 9, 2003); 3340.16, ``Test-Only Station Requirements'' 
(operative August 1, 2007); 3340.16.5, ``Test-and-Repair Station 
Requirements'' (operative June 29, 2006); 3340.17, ``Test Equipment, 
Electronic Transmission, Maintenance and Calibration Requirements'' 
(operative June 29, 2006); 3340.18, ``Certification of Emissions 
Inspection System Calibration Gases and Blenders of Gases'' (operative 
July 9, 2003); 3340.22.1, ``Smog Check Station Service Signs'' 
(operative February 1, 2001); 3340.22.2, ``Smog Check Station Repair 
Cost Limit Sign'' (operative February 1, 2001); 3340.23, ``Licensed Smog 
Check Station That Ceases Operating As a Licensed Station'' (operative 
June 23, 1995); 3340.24, ``Suspension, Revocation, and Reinstatement of 
Licenses'' (operative June 23, 1995); 3340.28, ``Licenses and 
Qualifications for Technicians'' (operative January 17, 2009); 3340.29, 
``Licensing of Technicians'' (operative January 17, 2009); 3340.30, 
``General Requirements for Licensed Technicians''

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(operative June 23, 1995); 3340.31, ``Retraining of Licensed 
Technicians'' (operative June 23, 1995); 3340.32, ``Standards for the 
Certification of Institutions Providing Retraining to Licensed 
Technicians or Prerequisite Training to Those Seeking to Become Licensed 
Technicians'' (operative July 9, 2003); 3340.32.1, ``Standards for the 
Decertification and Recertification of Institutions Providing Retraining 
to Licensed Technicians or Prerequisite Training to Those Seeking to 
Become Licensed Technicians'' (operative June 23, 1995); 3340.33, 
``Standards for the Certification of Basic and Advanced Instructors 
Providing Retraining to Intern, Basic Area, and Advanced Emission 
Specialist Licensed Technicians or Prerequisite Training to Those 
Seeking to Become Intern, Basic Area, or Advanced Emission Specialist 
Licensed Technicians'' (operative February 1, 2001); 3340.33.1, 
``Standards for the Decertification and Recertification of Instructors 
Providing Retraining to Licensed Technicians or Prerequisite Training to 
Those Seeking to Become Licensed Technicians'' (operative June 23, 
1995); 3340.35, ``A Certificate of Compliance, Noncompliance, Repair 
Cost Waiver or an Economic Hardship Extension'' (operative June 25, 
1998); 3340.35.1, ``A Certificate of Compliance, Noncompliance, Repair 
Cost Waiver or an Economic Hardship Extension Fee Calculation'' 
(operative December 2, 1998); 3340.36, ``Clearing Enforcement Forms'' 
(operative July 26, 1996); 3340.37, ``Installation of Oxides of Nitrogen 
(NOx) Devices)'' (operative July 26, 1996); 3340.41, ``Inspection, Test, 
and Repair Requirements'' (operative June 29, 2006); 3340.42, 
``Mandatory Smog Check Inspection and Test Procedures, and Emissions 
Standards'' (operative January 11, 2008); 3340.50, ``Fleet Facility 
Requirements'' (operative February 15, 2002); 3340.50.3, ``Fleet Records 
and Reporting Requirements'' (operative June 23, 1995); 3340.50.4, 
``Fleet Certificates'' (operative June 25, 1998); 3340.50.5 ``Suspension 
or Rescission of Fleet Facility License'' (operative June 23, 1995); 
Article 10 (Gold Shield Program), sections 3392.1, ``Gold Shield Program 
(GSP)'' (operative May 28, 2003); 3392.2, ``Responsibilities of Smog 
Check Stations Certified as Gold Shield'' (operative August 1, 2007); 
3392.3, ``Eligibility for Gold Shield Certification; Quality Assurance'' 
(operative May 28, 2003); 3392.4, ``Gold Shield Guaranteed Repair (GSGR) 
Program Advertising Rights'' (operative May 28, 2003); 3392.5, ``Causes 
for Invalidation of Gold Shield Station Certification'' (operative May 
28, 2003); 3392.6, ``Gold Shield Program Hearing and Determination'' 
(operative May 28, 2003); Article 11 (Consumer Assistance Program), 
sections 3394.1, ``Purpose and Components of the Consumer Assistance 
Program'' (operative October 30, 2000); 3394.2, ``Consumer Assistance 
Program Administration'' (operative October 30, 2000); 3394.3, ``State 
Assistance Limits'' (operative October 30, 2000); 3394.4, ``Eligibility 
Requirements'' (operative August 12, 2008); 3394.5, ``Ineligible 
Vehicles'' (operative October 30, 2000); 3394.6, ``Application and 
Documentation Requirements'' (operative July 31, 2006).
    (ii) Additional material. (A) California Air Resources Board. (1) 
Executive Order S-09-008, dated June 9, 2009, adopting the 2009 I/M 
Revision.
    (2) Non-regulatory portion of the Revised State Implementation Plan 
for California's Motor Vehicle Inspection & Maintenance Program (April 
7, 2009), excluding chapter 51.351 (except as it applies to the San 
Francisco Bay Area), chapter 51.352, and attachments 4 and 5.
    (3) Health and Safety Code (2009): Division 26, Part 1, Chapter 2, 
section 39032.5; Part 5, Chapter 5 (Motor Vehicle Inspection Program), 
Articles 1-9.
    (4) Business and Professions Code (2008): Division 3, Chapter 20.3 
(Automotive Repair), Article 4, sections 9886, 9886.1, 9886.2, 9886.3, 
9886.4.
    (5) Vehicle Code (2009): Division 3, Chapter 1 (Original and Renewal 
of Registration; Issuance of Certificates of Title), Article 1, sections 
4000.1, 4000.2, 4000.3, 4000.6.
    (373) The following revisions to the California Motor Vehicle 
Inspection and Maintenance Program were submitted on October 28, 2009, 
by the Governor's Designee.
    (i) [Reserved]
    (ii) Additional material. (A) California Air Resources Board. (1) 
California I/M

[[Page 280]]

Program SIP Revision--Additional Enhanced I/M Performance Modeling, 
Tables of Results, excluding New Mobile 6 Input and Output Files and New 
Registration Distribution Files.
    (374) The following revisions to the California Reformulated 
Gasoline Regulations were submitted on June 15, 2004 (2004 RFG 
Revision), by the Governor's Designee.
    (i) Incorporation by reference.
    (A) California Air Resources Board.
    (1) Title 13, California Code of Regulations, Division 3 (Air 
Resources Board), Chapter 5 (Standards for Motor Vehicle Fuels), Article 
1 (Standards for Gasoline), Subarticle 1 (Gasoline Standards That Became 
Applicable Before 1996), sections 2253.4, ``Lead in Gasoline'' 
(operative August 12, 1991); 2254, ``Manganese Additive Content'' 
(operative August 12, 1991); 2257, ``Required Additives in Gasoline'' 
(operative July 16, 1999); 2259, ``Exemptions for Motor Vehicle Fuels 
Used in Test Programs'' (operative February 15, 1995); Subarticle 2 
(Standards for Gasoline Sold Beginning March 1, 1996), sections 2260, 
``Definitions'' (operative May 1, 2003); 2261, ``Applicability of 
Standards; Additional Standards'' (operative May 1, 2003); 2262, ``The 
California Reformulated Gasoline Phase 2 and Phase 3 Standards'' 
(operative December 24, 2002); 2262.3, ``Compliance With the CaRFG Phase 
2 and CaRFG Phase 3 Standards for Sulfur, Benzene, Aromatic 
Hydrocarbons, Olefins, T50 and T90'' (operative August 20, 2001); 
2262.4, ``Compliance With the CaRFG Phase 2 and CaRFG Phase 3 Standards 
for Reid Vapor Pressure'' (operative December 24, 2002); 2262.5, 
``Compliance With the Standards for Oxygen Content'' (operative December 
24, 2002); 2262.6, ``Prohibition of MTBE and Oxygenates Other Than 
Ethanol in California Gasoline Starting December 31, 2003'' (operative 
May 1, 2003); 2262.9, ``Requirements Regarding Denatured Ethanol 
Intended For Use as a Blend Component in California Gasoline'' 
(operative December 24, 2002); 2263, ``Sampling Procedures and Test 
Methods'' (operative May 1, 2003); 2263.7, ``Multiple Notification 
Requirements'' (operative September 2, 2000); 2264, ``Designated 
Alternative Limits'' (operative August 20, 2001); 2264.2, ``Election of 
Applicable Limit for Gasoline Supplied From a Production or Import 
Facility'' (operative September 2, 2000); 2265, ``Gasoline Subject to PM 
Alternative Specifications Based on the California Predictive Model'' 
(operative December 24, 2002); 2266, ``Certified Gasoline Formulations 
Resulting in Equivalent Emission Reductions Based on Motor Vehicle 
Emissions Testing'' (operative August 20, 2001); 2266.5, ``Requirements 
Pertaining to California Reformulated Gasoline Blendstock for Oxygen 
Blending (CARBOB) and Downstream Blending'' (operative May 1, 2003); 
2267, ``Exemptions for Gasoline Used in Test Programs'' (operative 
September 2, 2000); 2268, ``Liability of Persons Who Commit Violations 
Involving Gasoline That Has Not Yet Been Sold or Supplied to a Motor 
Vehicle'' (operative September 2, 2000); 2269, ``Submittal of Compliance 
Plans'' (operative December 24, 2002); 2270, ``Testing and 
Recordkeeping'' (operative December 24, 2002); 2271, ``Variances'' 
(operative December 24, 2002); 2272, ``CaRFG Phase 3 Standards for 
Qualifying Small Refiners'' (operative May 1, 2003); 2273, ``Labeling of 
Equipment Dispensing Gasoline Containing MTBE'' (operative May 1, 2003); 
2273.5, ``Documentation Provided with Delivery of Gasoline to Retail 
Outlets'' (operative May 1, 2003).
    (2) ``California Procedures for Evaluating Alternative 
Specifications for Phase 2 Reformulated Gasoline Using the California 
Predictive Model,'' as last amended December 11, 1998.
    (3) ``California Procedures for Evaluating Alternative 
Specifications for Phase 3 Reformulated Gasoline Using the California 
Predictive Model,'' as last amended April 25, 2001.
    (4) ``California Procedures for Evaluating Alternative 
Specifications for Gasoline Using Vehicle Emissions Testing,'' as last 
amended April 25, 2001.
    (5) ``Procedures for Using the California Model for California 
Reformulated Gasoline Blendstocks for Oxygenate Blending (CARBOB),'' as 
adopted April 25, 2001.
    (ii) Additional material.
    (A) California Air Resources Board.
    (1) Executive Order G-125-320, dated June 15, 2004, adopting the 
2004 RFG Revision.

[[Page 281]]

    (2) The following additional material is available for inspection at 
EPA Region 9. To inspect this material, please contact EPA Region 9, 75 
Hawthorne Street, San Francisco, California, 94105, Chief of Air 
Planning, (415) 947-8021.
    (i) Standard Test Method for Determination of Ethanol Content of 
Denatured Fuel Ethanol by Gas Chromatography, Designation: D 5501-94 
(1998); Standard Test Method for Gum Content in Fuels by Jet 
Evaporation, Designation: D 381-00; Standard Test Method for Water Using 
Volumetric Karl Fischer Titration, Designation: E 203-96; Standard Test 
Method for Water in Organic Liquids by Coulometric Karl Fischer 
Titration, Designation: E 1064-00; Standard Test Methods for Chloride 
Ion In Water, Designation: D 512-89 (1999); Standard Test Methods for 
Copper in Water, Designation: D 1688-95; Standard Test Method for 
Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, 
Varnish, Lacquer, and Related Products, Designation: D 1613-96 (1999); 
Standard Test Method for Determination of pHe of Ethanol, Denatured Fuel 
Ethanol, and Fuel Ethanol (Ed75-Ed85), Designation: D 6423-99.
    (ii) Standard Test Method for Determination of Total Sulfur in Light 
Hydrocarbons, Motor Fuels and Oils by Ultraviolet Fluorescence, 
Designation: D 5453-93.
    (iii) Standard Test Method for Determination of MTBE, ETBE, TAME, 
DIPE, tertiary-Amyl Alcohol and C1 to C4 Alcohols in Gasoline by Gas 
Chromatography, Designation: D 4815-99; Standard Test Method for 
Distillation of Petroleum Products at Atmospheric Pressure, Designation: 
D 86-99a; Standard Test Method for Determination of Olefin Content of 
Gasolines by Supercritical-Fluid Chromatography, Designation: D 6550-00.
    (375) The following revisions to the California Reformulated 
Gasoline Regulations were submitted on February 3, 2009 (2009 RFG 
Revision), by the Governor's Designee.
    (i) Incorporation by reference.
    (A) California Air Resources Board.
    (1) Title 13, California Code of Regulations, Division 3 (Air 
Resources Board), Chapter 5 (Standards for Motor Vehicle Fuels), Article 
1 (Standards for Gasoline), Subarticle 2 (Standards for Gasoline Sold 
Beginning March 1, 1996), sections 2260, ``Definitions'' (operative 
August 29, 2008); 2261, ``Applicability of Standards; Additional 
Standards'' (operative August 29, 2008); 2262, ``The California 
Reformulated Gasoline Phase 2 and Phase 3 Standards'' (operative August 
29, 2008); 2262.3, ``Compliance With the CaRFG Phase 2 and CaRFG Phase 3 
Standards for Sulfur, Benzene, Aromatic Hydrocarbons, Olefins, T50 and 
T90'' (operative August 29, 2008); 2262.4, ``Compliance With the CaRFG 
Phase 2 and CaRFG Phase 3 Standards for Reid Vapor Pressure'' (operative 
August 29, 2008); 2262.5, ``Compliance With the Standards for Oxygen 
Content'' (operative August 29, 2008); 2262.6, ``Prohibition of MTBE and 
Oxygenates Other Than Ethanol in California Gasoline Starting December 
31, 2003'' (operative April 9, 2005); 2262.9, ``Requirements Regarding 
Denatured Ethanol Intended For Use as a Blend Component in California 
Gasoline'' (operative August 29, 2008); 2263, ``Sampling Procedures and 
Test Methods'' (operative August 29, 2008); 2263.7, ``Multiple 
Notification Requirements'' (operative August 29, 2008); 2264, 
``Designated Alternative Limits'' (operative August 20, 2001); 2264.2, 
``Election of Applicable Limit for Gasoline Supplied From a Production 
or Import Facility'' (operative August 29, 2008); 2265, ``Gasoline 
Subject to PM Alternative Specifications Based on the California 
Predictive Model'' (operative August 29, 2008); 2265.1, ``Offsetting 
Emissions Associated with Higher Sulfur Levels'' (operative August 29, 
2008); 2265.5, ``Alternative Emission Reduction Plan (AERP)'' (operative 
August 29, 2008); 2266, ``Certified Gasoline Formulations Resulting in 
Equivalent Emission Reductions Based on Motor Vehicle Emissions 
Testing'' (operative August 29, 2008); 2266.5, ``Requirements Pertaining 
to California Reformulated Gasoline Blendstock for Oxygen Blending 
(CARBOB) and Downstream Blending'' (operative August 29, 2008); 2270, 
``Testing and Recordkeeping'' (operative August 29, 2008); 2271, 
``Variances'' (operative August 29, 2008); 2273, ``Labeling of

[[Page 282]]

Equipment Dispensing Gasoline Containing MTBE'' (operative August 29, 
2008).
    (2) ``California Procedures for Evaluating Alternative 
Specifications for Phase 3 Reformulated Gasoline Using the California 
Predictive Model,'' as last amended August 7, 2008.
    (3) ``Procedures for Using the California Model for California 
Reformulated Gasoline Blendstocks for Oxygenate Blending (CARBOB),'' as 
last amended August 7, 2008.
    (ii) Additional material.
    (A) California Air Resources Board.
    (1) Executive Order S-09-001, dated February 3, 2009, adopting the 
2009 RFG Revision.
    (376) The following revisions to the California Diesel Fuel 
Regulations were submitted on February 3, 2009 (2009 Diesel Fuels 
Revision), by the Governor's Designee.
    (i) Incorporation by reference.
    (A) California Air Resources Board.
    (1) Title 13, California Code of Regulations, Division 3 (Air 
Resources Board), Chapter 1 (Motor Vehicle Pollution Control Devices), 
Article 1 (General Provisions), sections 1956.8, ``Exhaust Emissions 
Standards and Test Procedures--1985 and Subsequent Model Heavy-Duty 
Engines and Vehicles'' (operative December 31, 2008); 1960.1, ``Exhaust 
Emissions Standards and Test Procedures--1981 through 2006 Model 
Passenger Cars, Light-Duty and Medium-Duty Vehicles'' (operative March 
26, 2004); 1961, ``Exhaust Emissions Standards and Test Procedures--2004 
and Subsequent Model Passenger Cars, Light-Duty and Medium-Duty 
Vehicles'' (operative June 16, 2008); Chapter 5 (Standards for Motor 
Vehicle Fuels), Article 2 (Standards for Diesel Fuel), sections 2281, 
``Sulfur Content of Diesel Fuel'' (operative August 4, 2005); 2282, 
``Aromatic Hydrocarbon Content of Diesel Fuel'' (operative August 4, 
2005); 2284, ``Lubricity of Diesel Fuel'' (operative August 4, 2005); 
2285, ``Exemption from Diesel Fuel Requirements for Military-
Specification Fuels Used in Qualifying Military Vehicles'' (operative 
August 14, 2004); Chapter 14 (Verification Procedure, Warranty and In-
Use Compliance Requirements for In-Use Strategies to Control Emissions 
from Diesel Engines), section 2701, ``Definitions'' (operative January 
1, 2005).
    (2) Title 17, California Code of Regulations, Division 3 (Air 
Resources), Chapter 1 (Air Resources Board), Subchapter 7.5 (Airborne 
Toxic Control Measures), section 93114, ``Airborne Toxic Control Measure 
To Reduce Particulate Emissions from Diesel-Fueled Engines--Standards 
for Nonvehicular Diesel Fuel'' (operative August 14, 2004).
    (ii) Additional material.
    (A) California Air Resources Board.
    (1) Executive Order S-09-001, dated February 3, 2009, adopting the 
2009 Diesel Fuels Revision.
    (377) New and amended regulations were submitted on September 15, 
2009.
    (i) Incorporation by Reference.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 452, ``Can Coating,'' Rule 454, ``Degreasing Operations,'' 
Rule 463, ``Wood Products Coatings,'' adopted September 25, 2008.
    (2) Rule 466, ``Solvent Cleaning,'' adopted on May 23, 2002.
    (3) Rule 456, ``Aerospace Assembly and Component Coating 
Operations,'' amended on October 23, 2008.
    (4) Rule 465, ``Polyester Resin Operations,'' amended on September 
25, 2008.
    (5) Rule 464, ``Organic Chemical Manufacturing Operations,'' adopted 
on September 25, 2008.
    (B) Yolo Solano Air Quality Management District.
    (1) Rule 2.37, ``Natural Gas-Fired Water Heaters and Small 
Boilers,'' revised on April 8, 2009.
    (2) Rule 2.42, ``Nitric Acid Production,'' adopted on May 13, 2009.
    (C) Ventura County Air Pollution Control District.
    (1) Rule 70, ``Storage and Transfer of Gasoline,'' adopted on March
    10, 2009.
    (378) New and amended regulations were submitted on January 10, 2010 
by the Governor's designee.
    (i) Incorporation by Reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1173, ``Control of Volatile Organic Compound Leaks and 
Releases

[[Page 283]]

from Components at Petroleum Facilities and Chemical Plants,'' amended 
on February 6, 2009.
    (2) Rule 1132, ``Further Control of VOC Emissions From High-Emitting 
Spray Booth Facilities,'' amended on May 5, 2006.
    (3) Rule 1148.1, ``Oil and Gas Production Wells,'' adopted on March 
5, 2004.
    (B) Placer County Air Pollution Control District.
    (1) Rule 245, ``Surface Coating of Metal Parts and Products,'' 
amended on August 20, 2009.
    (C) Ventura County Air Pollution Control District.
    (1) Rule 74.12, ``Surface Coating of Metal Parts and Products,'' 
adopted on April 8, 2008.
    (2) Rule74.29, ``Soil Decontamination Operations,'' adopted on April 
8, 2008.
    (D) San Joaquin Valley Air Pollution Control District
    (1) Rule 4311, ``Flares,'' amended on June 18, 2009.
    (E) Feather River Air Quality Management District.
    (1) Rule 3.22, ``Internal Combustion Engines,'' adopted on June 01, 
2009.
    (379) New and amended regulations for the following APCDs were 
submitted on May 17, 2010 by the Governor's designee.
    (i) Incorporation by Reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1144, ``Vanishing Oils and Rust Inhibitors,'' adopted on 
March 6, 2009.
    (2) Rule 1145, ``Plastic, Rubber, Leather, and Glass Coatings,'' 
amended on December 4, 2009.
    (3) Rule 1111, ``Reduction of NOX Emissions from Natural 
Gas-Fired, Fan-Type Central Furnaces,'' amended on November 6, 2009.
    (4) Rule 1147, ``NOX Reductions from Miscellaneous 
Sources,'' adopted on December 5, 2008.
    (5) Rule 1157, ``PM10 Emission Reductions from Aggregate 
and Related Operations,'' adopted on September 6, 2006.
    (B) San Diego County Air Pollution Control District.
    (1) Rule 2, ``Definitions,'' Rev. Adopted and Effective on June 30, 
1999, Table 1--Exempt Compounds: Rev. and Effective on November 4, 2009.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4308, ``Boilers, Steam Generators and Process Heaters --
0.075 MMBtu/hr to less than 2.0 MMbtu/hr,'' adopted on December 17, 
2009.
    (2) Rule 4695, ``Brandy Aging and Wine Aging Operations'' adopted on 
September 17, 2010.
    (3) Rule 4602, ``Motor Vehicle Assembly Coatings,'' amended on 
September 17, 2009.
    (4) Rule 4603, ``Surface Coating of Metal Parts and Products, 
Plastic Parts and Products and Pleasure Crafts,'' amended on September 
17, 2009.
    (5) Rule 4692, ``Commercial Charbroiling,'' amended on September 17, 
2009.
    (6) Rule 4601, ``Architectural Coatings'', amended on December 17, 
2009.
    (D) Placer County Air Pollution Control District
    (1) Rule 233, ``Biomass Boilers,'' amended on December 10, 2009.
    (380) The following plan was submitted on July 14, 2010, by the 
Governor's Designee.
    (i) Incorporation by reference.
    (A) Great Basin Unified Air Pollution Control District.
    (1) ``Board Order 080128-01 Requiring the City of Los 
Angeles to Undertake Measures to Control PM-10 Emissions from the Dried 
Bed of Owens Lake,'' including Attachments A-D, adopted February 1, 
2008, and included as Appendix C to the ``2010 PM-10 Maintenance Plan 
and Redesignation Request for the Coso Junction Planning Area,'' adopted 
May 17, 2010.
    (ii) Additional materials.
    (A) Great Basin Unified Air Pollution Control District (GBUAPCD).
    (1) Non-regulatory portions of ``The 2010 PM-10 Maintenance Plan and 
Redesignation Request for the Coso Junction Planning Area'' (the 2010 
Plan), including Appendices A, B, and D, adopted May 17, 2010.
    (2) Letter dated June 10, 2010 from Theodore D. Schade, GBUAPCD, to 
Deborah Jordan, United States Environmental Protection Agency Region 9, 
regarding Coso Junction PM-10 Contingency Measures.

[[Page 284]]

    (3) GBUAPCD Board Resolution 2010-01, dated May 17, 2010, adopting 
the 2010 Plan.
    (B) California Air Resources Board (CARB).
    (1) CARB Resolution 10-25, dated June 24, 2010, adopting the 2010 
Plan.
    (381) New and amended regulations were submitted on July 20, 2010, 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Imperial County Air Pollution Control District.
    (1) Rule 101, ``Definitions,'' adopted on February 23, 2010.
    (2) Rule 424, ``Architectural Coatings,'' amended on February 23, 
2010.
    (3) Rule 425, ``Aerospace Coating Operations,'' revised February 23, 
2010.
    (4) Rule 427, ``Automotive Refinishing Operations,'' revised 
February 23, 2010.
    (5) Rule 400.1, ``Stationary Gas Turbine(s)--Reasonably Available 
Control Technology (RACT),'' adopted on February 23, 2010.
    (B) Kern County Air Pollution Control District.
    (1) Rule 102, ``Definitions,'' adopted on March 11, 2010.
    (2) Rule 410.1A, ``Architectural Coatings,'' adopted on March 11, 
2010. Effective as of 1/1/2011.
    (C) Ventura County Air Pollution Control District.
    (1) Rule 2, ``Definitions'', ``Exempt Organic Compounds,'' revised 
on January 12, 2010.
    (2) Rule 74.2, ``Architectural Coatings,'' amended on January 12, 
2010.
    (D) Northern Sierra Air Quality Management District
    (1) Rule 215, ``Phase II Vapor Recovery System Requirements,'' 
amended on February 22, 2010.
    (E) Placer County Air Pollution Control District.
    (1) Rule 502, ``New Source Review,'' as adopted on February 11, 
2010.
    (F) Feather River Air Quality Management District.
    (1) Rule 10.1, ``New Source Review,'' as amended on October 5, 2009, 
except section C, as adopted on February 8, 1993.
    (G) Antelope Valley Air Quality Management District.
    (1) Rule 1134, ``Stationary Gas Turbines,'' amended on January 19, 
2010.
    (2) Rule 109, ``Recordkeeping for Volatile Organic Compound 
Emissions,'' amended April 20, 2010.
    (H) Mojave Desert Air Quality Management District
    (1) Rule 1117, ``Graphic Arts and Paper, Film, Foil and Fabric 
Coatings,'' amended September 28, 2009.
    (I) Yolo-Solano Air Quality Management District.
    (1) Rule 2.3, ``Ringelmann Chart,'' revised on January 13, 2010.
    (2) Rule 2.11, ``Particulate Matter Concentration,'' revised on 
January 13, 2010.
    (3) Rule 2.12, ``Specific Contaminants,'' revised on January 13, 
2010.
    (382) New and amended regulations for the following APCDs were 
submitted on July 11, 2007, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Permit to Operate for the Kiefer Landfill (``Permit to Operate 
No. 17359 (Rev01)''), as revised on November 13, 2006.
    (383) New and amended regulations were submitted on February 16, 
2010, by the Governor's designee.
    (i) Incorporation by Reference.
    (A) California Air Resources Board.
    (1) Executive Order R-08-016, dated May 5, 2009.
    (2) ``Final Regulation Order, Regulation for Reducing Emissions from 
Consumer Products,'' California Code of Regulations, Title 17 (Public 
Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board), 
Subchapter 8.5 (Consumer Products), Article 2 (Consumer Products), 
amendment filed 6-18-2009, operative 7-18-2009.
    (384) New and amended regulations for the following APCD's were 
submitted on September 10, 2010 by the Governor's designee.
    (i) Incorporation by Reference
    (A) South Coast Air Quality Management District
    (1) Resolution No. 10-20, dated July 9, 2010.
    (2) ``Revision to the State Implementation Plan for the South Coast 
Air Quality Management District, State of California: Sulfur Oxides and 
Particulate Matter Offset Requirements for the Proposed CPV Sentinel 
Power

[[Page 285]]

Plant to be Located in Desert Hot Springs, California, Including AB 1318 
Offset Tracking System'', which is incorporated by reference in 
Resolution No. 10-20, dated July 9, 2010.
    (3) ``CPV Sentinel Energy Project AB 1318 Tracking System'', which 
is incorporated by reference in Resolution No. 10-20, dated July 9, 
2010.
    (385) New and amended regulations for the following APCDs were 
submitted on February 28, 2011.
    (i) Incorporation by Reference.
    (A) Mendocino County Air Quality Management District.
    (1) Rule 130, ``Definitions,'' amended February 15, 2011.
    (B) Northern Sonoma County Air Pollution Control District.
    (1) Rule 130, ``Definitions,'' amended December 14, 2010.
    (386) The following plan was submitted on November 16, 2007, by the 
Governor's Designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) California Air Resources Board (CARB).
    (1) CARB Resolution 07-28, dated September 27, 2007, adopting the 
``2007 State Implementation Plan for the 1997 ozone and PM2.5 
National Ambient Air Quality Standards'' (``2007 State Strategy'').
    (2) ``Interstate Transport State Implementation Plan (SIP) for the 
1997 8-hour Ozone Standard and PM2.5 to satisfy the 
Requirements of Clean Air Act section 110(a)(2)(D)(i) for the State of 
California (September 21, 2007),'' as modified by Attachment A and 
submitted as Appendix C to the 2007 State Strategy (``2007 Transport 
SIP''), at page 5 (``Evaluation of Interference with Other States' 
Measures Required to Meet Regional Haze and Visibility SIP 
Requirements'').
    (3) 2007 Transport SIP at pages 19-20 (Attachment A) (``Evaluation 
of Significant Contribution to Nonattainment or Interference with 
Maintenance of Attainment Standards in Another State'').
    (4) 2007 Transport SIP at pages 21-22 (Attachment A) (``Evaluation 
of interference with Prevention of Significant Deterioration Measures of 
any other State'').
    (387) The following plan was submitted on March 16, 2009, by the 
Governor's Designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) California Air Resources Board (CARB).
    (1) CARB Resolution 09-4, dated January 22, 2009, adopting the 
``California Regional Haze Plan''.
    (2) The ``California Regional Haze Plan'', adopted on January 22, 
2009, as amended and supplemented on September 8, 2009 in a ``letter 
from James N. Goldstene, CARB to Laura Yoshii, United States 
Environmental Protection Agency'', and as amended and supplemented on 
June 9, 2010 in a ``letter from James N. Goldstene, CARB to Jared 
Blumenfeld, United States Environmental Protection Agency''.
    (388) New and amended regulations for the following APCD were 
submitted on April 5, 2011 by the Governor's Designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District--SCAQMD)
    (1) Rule 1143, ``Consumer Paint Thinners & Multi-purpose Solvents,'' 
adopted on March 6, 2009 and amended December 3, 2010.
    (2) Rule 1144, ``Metal Working Fluids and Direct-Contact 
Lubricants,'' adopted on March 6, 2009, and amended July 9, 2010.
    (3) Rule 1175, ``Control of Emissions from the Manufacture of 
Polymeric Cellular (Foam) Products,'' amended November 5, 2010.
    (4) Rule 2002, ``Allocations for Oxides of Nitrogen (NOX) 
and Oxides of Sulfur (SOX),'' amended November 5, 2010.
    (5) Rule 1171, ``Solvent Cleaning Operations,'' amended February 1, 
2008.
    (B) San Joaquin Valley Air Pollution Control District.
    (1) Rule 4354, ``Glass Melting Furnaces,'' amended on September 16, 
2010.
    (2) Rule 4103, ``Open Burning,'' amended on April 15, 2010, not 
effective until June 1, 2010.
    (3) Table 9-1, Revised Proposed Staff Report and Recommendations on 
Agricultural Burning, approved on May 20, 2010.
    (4) San Joaquin Valley Air Pollution Control District, Resolution 
No. 10-05-22, adopted on May 20, 2010.

[[Page 286]]

    (5) California Air Resources Board, Resolution 10-24, adopted on May 
27, 2010.
    (C) Santa Barbara County Air Pollution Control District.
    (1) Rule 321, ``Solvent Cleaning Machines and Solvent Cleaning,'' 
revised September 20, 2010.
    (D) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 466, ``Solvent Cleaning,'' amended October 28, 2010.
    (2) Rule 414, ``Water Heaters, Boilers and Process Heaters Rated 
Less Than 1,000,000 BTU per hour,'' amended on March 25, 2010.
    (3) Rule 451, ``Surface Coating of Miscellaneous Metal Parts and 
Products,'' amended October 28, 2010.
    (E) Placer County Air Pollution Control District.
    (1) Rule 236, ``Wood Products and Coating Operations,'' amended 
October 14, 2010, effective July 1, 2011.
    (2) Rule 238, ``Factory Coating of Flat Wood Paneling,'' amended 
October 14, 2010, effective July 1, 2011.
    (3) Rule 218, ``Architectural Coatings,'' amended October 14, 2010.
    (4) Rule 234, ``Automotive Refinishing Operations,'' adopted 
November 3, 1994 and amended October 14, 2010, effective July 1, 2011.
    (389) New and amended regulations were submitted on December 7, 
2010, by the Governor's Designee.
    (i) Incorporation by Reference.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 214, ``Federal New Source Review,'' as adopted on October 
28, 2010.
    (B)(1) [Reserved]
    (2) Rule 242, ``Stationary Internal Combustion Engines,'' adopted on 
April 10, 2003.
    (3) Rule 246, ``Natural Gas-Fired Water Heaters,'' adopted on June 
19, 1997.
    (390) Amended regulations were submitted on January 28, 2011, by the 
Governor's Designee.
    (i) Incorporation by Reference.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 203, ``Prevention of Significant Deterioration,'' as 
amended on January 27, 2011.
    (B) Placer County Air Pollution Control.
    (1) Rule 243, ``Polyester Resin Operations,'' adopted on April 10, 
2003.
    (391) [Reserved]
    (392) A plan was submitted on June 30, 2008 by the Governor's 
designee.
    (i) [Reserved]
    (ii) Additional Material.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) 2008 PM2.5 Plan, adopted on April 30, 2008.
    (2) SJVUAPCD Governing Board, In the Matter of: Adopting the San 
Joaquin Valley Unified Air Pollution Control District 2008 
PM2.5 Plan, Resolution No. 08-04-10, April 30, 2008. 
Commitments to achieve emissions reductions (including emissions 
reductions of 8.97 tpd of NOX, 6.7 tpd of direct 
PM2.5, and 0.92 tpd of SOx by 2014) as described in Table 6-
3a (p. 6-11), Table 6-3b (p. 6-12), and Table 6-3c (p. 6-12) 
respectively of the 2008 PM2.5 Plan and commitments to adopt 
and submit control measures as described in Table 6-2 (p. 6-9) of the 
2008 PM2.5 Plan, as amended June 17, 2010.
    (B) State of California Air Resources Board.
    (1) CARB Resolution No. 08-28 with Attachment A, May 22, 2008.
    (393) An amended plan was submitted on August 12, 2009 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional Material.
    (A) State of California Air Resources Board.
    (1) Status Report on the State Strategy for California's 2007 State 
Implementation Plan (SIP) and Proposed Revisions to the SIP Reflecting 
Implementation of the 2007 State Strategy, pages 11-17, April 24, 2009.
    (2) CARB Resolution No. 09-34, April 24, 2009.
    (394) An amended plan was submitted on September 15, 2010 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional Material.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) 2008 PM2.5 Plan Amendment to Extend the Rule 4905 
Amendment Schedule, June 17, 2010.
    (2) SJVUAPCD Governing Board, In the Matter of: Proposed Amendments 
to the 2008 PM2.5 Plan to Extend the

[[Page 287]]

Rule Amendment Schedule for Rule 4905 (Natural Gas-Fired, Fan-Type 
Residential Central Furnaces), Resolution 10-06-18, June 17, 2010.
    (B) State of California Air Resources Board.
    (1) Executive Order S-10-003, Relating to Approval of Amendments to 
the 2008 PM2.5 Plan to Extend the Rule Amendment Schedule for 
Rule 4905 (Natural Gas-Fired, Fan-Type Residential Central Furnaces), 
September 15, 2010.
    (395) An amended plan was submitted on May 18, 2011 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional Material.
    (A) State of California Air Resources Board.
    (1) Progress Report on Implementation of PM2.5 State 
Implementation Plans (SIP) for the South Coast and San Joaquin Valley 
Air Basins and Proposed SIP Revisions, Release Date: March 29, 2011.
    (2) CARB Resolution No. 11-24, April 28, 2011. Commitment to propose 
measures as described in Appendix B of the Progress Report on the 
Implementation of PM2.5 State Implementation Plans (SIP) for 
the South Coast and San Joaquin Valley Air Basins and Proposed SIP 
Revisions.
    (3) Executive Order S-11-010, ``Approval of Revisions to the Fine 
Particulate Matter State Implementation Plans for the South Coast Air 
Quality Management Plans for the South Coast Air Quality Management 
District and the San Joaquin Valley Air Pollution Control District,'' 
May 18, 2011.
    (396) An amended plan was submitted on July 29, 2011 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional Material.
    (A) State of California Air Resources Board.
    (1) 8-Hour Ozone State Implementation Plan Revisions and Technical 
Revisions to the PM2.5 State Implementation Plan 
Transportation Conformity Budgets for the South Coast and San Joaquin 
Valley Air Basins, Appendix A, page A-6, (dated June 20, 2011), adopted 
July 21, 2011.
    (i) Commitment to develop and submit by 2020 revisions to the SIP 
that will: Reflect modifications to the 2023 emissions reduction target 
based on updated science and identify additional strategies and 
implementing agencies needed to achieve the needed reductions by 2023 as 
given in the 2011 Ozone SIP Revisions on page A-8.
    (2) CARB Resolution No. 11-22, July 21, 2011.
    (i) Commitment to develop, adopt and submit by 2020 contingency 
measures to be implemented if advanced technology measures do not 
achieve the planned reductions and attainment contingency measures 
meeting the requirements of CAA 172(c)(9), pursuant to CAA section 
182(e)(5) as given on page 4.
    (3) Executive Order S-11-016, ``Approval of Revisions to the 8-Hour 
Ozone State Implementation Plans for the South Coast Air Quality 
Management District and the San Joaquin Valley Air Pollution Control 
District,'' July 29, 2011.
    (397) A plan was submitted on November 16, 2007 by the
    Governor's designee.
    (i) [Reserved]
    (ii) Additional Material.
    (A) State of California Air Resources Board.
    (1) Proposed State Strategy for California's 2007 State 
Implementation Plan, adopted on September 27, 2007.
    (2) CARB Resolution No. 07-28 with Attachments A and B, September 
27, 2007. Commitment to achieve the total emissions reductions necessary 
to attain the Federal standards in the South Coast air basin, which 
represent 6.1 tons per day (tpd) of direct PM2.5, 38.1 tpd of 
SOX, 33.6 tpd of VOC and 118.2 tpd of nitrogen oxides by 2014 
for purposes of the 1997 PM2.5 NAAQS, as described in 
Resolution No. 07-28 at Attachment B, pp. 3-5, and modified by CARB 
Resolution No. 09-34 (April 24, 2009) adopting the ``Status Report on 
the State Strategy for California's 2007 State Implementation Plan (SIP) 
and Proposed Revision to the SIP reflecting Implementation of the 2007 
State Strategy,'' and by CARB Resolution 11-24 (April 28, 2011) adopting 
the ``Progress Report on Implementation of PM2.5 State 
Implementation Plans (SIP) for the South Coast and San Joaquin Valley 
Air Basins and Proposed SIP Revisions.''.

[[Page 288]]

    (3) Executive Order S-07-002, Relating to Approval of the State 
Strategy for California's State Implementation Plan (SIP) for the 
Federal 8-Hour Ozone and PM2.5 Standards, November 16, 2007.
    (4) CARB Resolution No. 07-20 with Attachment A, June 14, 2007.
    (5) CARB Resolution No. 07-28 with Attachments A and B, September 
27, 2007. Commitment to achieve the total emissions reductions necessary 
to attain the Federal standards in the South Coast air basin, which 
represent 152 tpd of NOX and 46 tpd of VOC by 2014, and 54 
tpd of VOC and 141 tpd of nitrogen oxides by 2023 for purposes of the 
1997 8-hour ozone NAAQS, as described in Resolution No. 07-28 at 
Attachment B, p. 4, and modified by CARB Resolution No. 09-34 (April 24, 
2009) adopting the ``Status Report on the State Strategy for 
California's 2007 State Implementation Plan (SIP) and Proposed Revision 
to the SIP reflecting Implementation of the 2007 State Strategy.''
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) 2007 Ozone Plan, adopted on April 30, 2007.
    (2) SJVUAPCD Governing Board, In the Matter of: Adopting the San 
Joaquin Valley Unified Air Pollution Control District 2007 Ozone Plan, 
Resolution No. 07-04-11a, April 30, 2007. Commitments to achieve 
emissions reductions as described in Table 6-1 of the 2007 Ozone Plan, 
as amended December 18, 2008.
    (398) A plan was submitted on November 28, 2007 by the Governor's 
designee.
    (i) [Reserved]
    (ii) Additional Material.
    (A) South Coast Air Quality Management District.
    (1) Final South Coast 2007 Air Quality Management Plan, adopted on 
June 1, 2007.
    (2) SCAQMD Governing Board Resolution 07-9, ``A Resolution of the 
Governing Board of the South Coast Air Quality Management District 
certifying the final Program Environmental Impact Report for the 2007 
Air Quality Management Plan, adopting the Final 2007 Air Quality 
Management Plan (AQMP), to be referred to after adoption as the Final 
2007 AQMP, and to fulfill USEPA Requirements for the use of emissions 
reductions form the Carl Moyer Program in the State Implementation 
Plan,'' June 1, 2007. Commitments to achieve emissions reductions 
(including emissions reductions of 2.9 tons per day (tpd) of direct 
PM2.5, 2.9 tpd of SOX, 10.4 tpd of VOC and 10.8 
tpd of nitrogen oxides by 2014) as described by SCAQMD Governing Board 
Resolution No. 07-9, p. 10, June 1, 2007, and modified by SCAQMD 
Governing Board Resolution 11-9, p. 3, March 4, 2011, and commitments to 
adopt and submit control measures as described in Table 4-2A of the 
Final 2007 AQMP, as amended March 4, 2011.
    (3) SCAQMD Governing Board Resolution 07-9, ``A Resolution of the 
Governing Board of the South Coast Air Quality Management District 
certifying the final Program Environmental Impact Report for the 2007 
Air Quality Management Plan, adopting the Final 2007 Air Quality 
Management Plan (AQMP), to be referred to after adoption as the Final 
2007 AQMP, and to fulfill USEPA Requirements for the use of emissions 
reductions form the Carl Moyer Program in the State Implementation 
Plan,'' June 1, 2007. Commitments to achieve emissions reductions 
(including emissions reductions of 19.3 tpd of VOC and 9.2 tpd of 
nitrogen oxides by 2023) as described by SCAQMD Governing Board 
Resolution No. 07-9, p. 10, June 1, 2007, and modified by SCAQMD 
Governing Board Resolution 11-9, p. 3, March 4, 2011, and commitments to 
adopt and submit control measures as described in Table 4-2A of the 
Final 2007 AQMP, as amended March 4, 2011.
    (B) State of California Air Resources Board.
    (1) CARB Resolution No. 07-41, September 27, 2007.
    (399) An amended plan was submitted on May 18, 2011 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional Material.
    (A) State of California Air Resources Board.
    (1) Progress Report on Implementation of PM2.5 State 
Implementation Plans (SIP) for the South Coast and San Joaquin Valley 
Air Basins and

[[Page 289]]

Proposed SIP Revisions, Appendices B and C. Release Date: March 29, 
2011.
    (2) CARB Resolution No. 11-24, April 28, 2011.
    (3) Executive Order S-11-010, ``Approval of Revisions to the Fine 
Particulate Matter State Implementation Plans for the South Coast Air 
Quality Management Plans for the South Coast Air Quality Management 
District and the San Joaquin Valley Air Pollution Control District,'' 
May 18, 2011.
    (400) An amended plan was submitted on May 19, 2011 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional Material.
    (A) South Coast Air Quality Management District.
    (1) Revisions to the 2007 PM2.5 and Ozone State 
Implementation Plan for South Coast Air Basin and Coachella Valley (SIP 
Revisions), adopted on March 4, 2011.
    (2) SCAQMD Governing Board Resolution 11-9, ``A Resolution of the 
South Coast Air Quality Management District Governing Board (AQMD) 
certifying the Addendum to Final Program Environmental Impact Report 
(PEIR) for the 2007 Air Quality Management Plan, (AQMP), for a revision 
to the Final 2007 AQMP, to be referred to after adoption as the Revision 
to the Final 2007 AQMP,'' March 4, 2011.
    (B) State of California Air Resources Board.
    (1) CARB Resolution No. 11-24, April 28, 2011. Commitment to propose 
measures as described in Appendix B of the ``Progress Report on the 
Implementation of the PM2.5 State Implementation Plans (SIP) 
for the South Coast and San Joaquin Valley Air Basins and Proposed SIP 
Revisions.''
    (401) An amended plan was submitted on July 29, 2011 by the
    Governor's designee.
    (i) [Reserved]
    (ii) Additional Material.
    (A) State of California Air Resources Board.
    (1) 8-Hour Ozone State Implementation Plan Revisions and Technical 
Revisions to the PM2.5 State Implementation Plan 
Transportation Conformity Budgets for the South Coast and San Joaquin 
Valley Air Basins, Appendix A, page A-5 (dated June 20, 2011), adopted 
July 21, 2011.
    (i) Commitment to develop and submit by 2020 revisions to the SIP 
that will reflect modifications to the 2023 emissions reduction target 
based on updated science, and identify additional strategies and 
implementing agencies needed to achieve the needed reductions by 2023 as 
given in the 2011 Ozone SIP Revision on page A-8.
    (2) CARB Resolution No. 11-22, July 21, 2011.
    (i) Commitment to develop, adopt and submit by 2020 contingency 
measures to be implemented if advanced technology measures do not 
achieve the planned emissions reductions, and attainment contingency 
measures meeting the requirements of CAA section 172(c)(9), pursuant to 
CAA section 182(e)(5) as given on p. 4.
    (3) Executive Order S-11-016, ``Approval of Revisions to the 8-Hour 
Ozone State Implementation Plans and Technical Revisions to the 
PM2.5 State Implementation Plan Transportation Conformity 
Budgets for the South Coast San Joaquin Valley Air Basin,'' July 21, 
2011.
    (402) New and amended regulations were submitted on July 28, 2011 by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4401, ``Steam-Enhanced Crude Oil Production Wells,'' 
adopted on June 16, 2011.
    (2) Rule 4605, ``Aerospace Assembly and Component Coating 
Operations,'' amended on June 16, 2011.
    (403) A new rule for the following APCD was submitted on March 2, 
2011, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1315, ``Federal New Source Review Tracking System,'' 
excluding paragraph (b)(2) and subdivisions (g) and (h), adopted on 
February 4, 2011.
    (404) New and amended regulations for the following APCDs were 
submitted on September 27, 2011, by the Governor's Designee.
    (i) Incorporation by Reference
    (A) South Coast Air Quality Management District

[[Page 290]]

    (1) Rule 2005, ``New Source Review for RECLAIM,'' amended on June 3, 
2011.
    (405) New and amended regulations for the following APCDs were 
submitted on August 26, 2011 by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4684, ``Polyester Resin Operations,'' amended on August 18, 
2011.
    (406) New and amended regulations were submitted on January 28, 
2011, by the Governor's designee.
    (i) Incorporation by Reference.
    (A) California Air Resources Board.
    (1) Submittal letter from Robert D. Fletcher (California Air 
Resources Board) to Jared Blumenfeld (Environmental Protection Agency), 
stating the submission does not include the second tier emission limits 
for Multi-purpose Solvent and Paint Thinner, dated January 28, 2011.
    (2) Executive Order R-10-013, dated August 6, 2010.
    (3) ``Final Regulation Order, Regulation for Reducing Emissions from 
Consumer Products,'' California Code of Regulations, Title 17 (Public 
Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board), 
Subchapter 8.5 (Consumer Products), Article 2 (Consumer Products), 
adopted August 6, 2010, effective October 20, 2010.
    (407) A plan was submitted on June 18, 2009 by the Governor's 
designee.
    (i) [Reserved]
    (ii) Additional Material.
    (A) San Joaquin Valley Air Pollution Control District.
    (1) Reasonably Available Control Technology (RACT) Demonstration for 
Ozone State Implementation Plan (SIP), adopted April 16, 2009.
    (408) An amended plan was submitted on April 24, 2009 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional Material.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Amendments to the 2007 Ozone Plan (amending the rulemaking 
schedule for Measure S-GOV-5 Organic Waste Operations) adopted on 
December 18, 2008.
    (2) SJVUAPCD Governing Board, In the Matter of: Proposed Amendment 
to the 2007 Ozone Plan to Extend the Rule Adoption Schedule for Organic 
Waste Operations, SJVUAPCD Governing Board Resolution No. 08-12-18. 
December 18, 2008.
    (409) New regulation was submitted on December 9, 2011, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) California Air Resources Board.
    (1) State of California Office of Administrative Law, ``Notice of 
Approval of Regulatory Action,'' Title 13, California Code of 
Regulations (CCR), section 2027, effective on November 9, 2011.
    (2) Final Regulation Order, 13 CCR section 2027 (``In-Use On-Road 
Diesel-Fueled Heavy-Duty Drayage Trucks'').
    (410) New regulation was submitted on December 15, 2011, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) California Air Resources Board.
    (1) State of California Office of Administrative Law, ``Notice of 
Approval of Regulatory Action,'' Title 13, California Code of 
Regulations (CCR), section 2025, effective on December 14, 2011.
    (2) Final Regulation Order, 13 CCR section 2025 (``Regulation to 
Reduce Emissions of Diesel Particulate Matter, Oxides of Nitrogen and 
Other Criteria Pollutants, from In-Use Heavy-Duty Diesel-Fueled 
Vehicles'').

[37 FR 10850, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.220, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Editorial Note: At 77 FR 2233, Jan. 17, 2012, and at 77 FR 7537, 
Feb. 13, 2012, Sec. 52.220 was amended; however, the amendments could 
not be incorporated due to inaccurate amendatory instruction.

    Effective Date Notes: 1. At 77 FR 26450, May 4, 2012, Sec. 52.220 
was amended by adding paragraphs (c)(88)(iii)(C) and (c)(391), effective 
July 3, 2012. For the convenience of the user, the added text is set 
forth as follows:



Sec. 52.220  Identification of plan.

                                * * * * *

    (c) * * *
    (88) * * *
    (iii) * * *
    (C) In Resolution 11-04 dated January 18, 2011, Antelope Valley Air 
Quality Management District certified that no sources which

[[Page 291]]

would be subject to Rule 1119, ``Petroleum Coke Calcining Operations,'' 
exist in the AVAQMD. Therefore, Rule 1119 has been rescinded and is 
removed from the SIP.

                                * * * * *

    (391) New and amended regulations were submitted on June 21, 2011 by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Eastern Kern Air Pollution Control District.
    (1) Rule 102, ``Definitions,'' amended on January 13, 2011.
    (B) Santa Barbara County Air Pollution Control District.
    (1) Rule 102, ``Definitions,'' revised on January 20, 2011.

                                * * * * *

    2. At 77 FR 32400, June 1, 2012, Sec. 52.220 was amended by adding 
paragraph (c)(362)(i)(B)(2), effective July 31, 2012. For the 
convenience of the user, the added text is set forth as follows:



Sec. 52.220  Identification of plan.

                                * * * * *

    (c) * * *
    (362) * * *
    (i) * * *
    (B) * * *
    (2) Rule 1156, ``Further Reductions of Particulate Emissions from 
Cement Manufacturing Facilities,'' amended on March 6, 2009.

                                * * * * *



Sec. 52.221  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
North Coast Intrastate...............................          II        III       III       III           III
San Francisco Bay Area Intrastate....................          II         II       III         I             I
North Central Coast Intrastate.......................          II        III       III       III             I
South Central Coast Intrastate.......................         III        III       III       III           III
Metropolitan Los Angeles Intrastate..................           I         II         I         I             I
Northeast Plateau Intrastate.........................         III        III       III       III           III
Sacramento Valley Intrastate.........................          II        III       III         I             I
San Joaquin Valley Intrastate........................           I        III       III         I             I
Great Basin Valley Intrastate........................         III        III       III       III           III
Southeast Desert Intrastate..........................           I        III       III       III             I
San Diego Intrastate.................................          II        III       III         I             I
Lake County Intrastate...............................          II        III       III       III           III
Lake Tahoe Intrastate................................          II        III       III         I             I
Mountain Counties Intrastate.........................          II        III       III         I             I
----------------------------------------------------------------------------------------------------------------


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



Sec. 52.222  Negative declarations.

    (a) The following air pollution control districts submitted negative 
declarations for volatile organic compound source categories to satisfy 
the requirements of section 182 of the Clean Air Act, as amended. The 
following negative declarations are approved as additional information 
to the State Implementation Plan.
    (1) Mojave Desert Air Quality Management District.
    (i) Natural Gas and Gasoline Processing Equipment and Chemical 
Processing and Manufacturing were submitted on July 13, 1994 and adopted 
on May 25, 1994.
    (ii) Asphalt Air Blowing was submitted on December 20, 1994 and 
adopted on October 26, 1994.
    (iii) Vacuum Producing Devices or Systems was submitted on December 
29, 1994 and adopted on December 21, 1994.
    (iv) Synthetic Organic Chemical Manufacturing Industry (SOCMI) 
Distillation, SOCMI Reactors, SOCMI Batch Processing, Offset 
Lithography,

[[Page 292]]

Industrial Wastewater, Plastic Parts Coating (Business Machines), 
Plastic Parts (Other), and Ship Building were submitted on August 7, 
1995 and adopted on June 28, 1995.
    (v) Pneumatic Rubber Tire Manufacturing, Large Petroleum Dry 
Cleaners, Surface Coating of Cans, Surface Coating of Coils, Surface 
Coating Fabrics, Surface Coating Operations at Automotive and Light Duty 
Truck Assembly Plants, Surface of Coating of Large Appliances, Surface 
of Coating of Magnet Wire, Vacuum Producing Devices or Systems, Leaks 
From Petroleum Refinery Equipment, Process Unit Turnarounds, Equipment 
Leaks From Natural Gas/Gasoline Processing Plants, Synthesized 
Pharmaceutical Products, Air Oxidation Process--SOCMI, Polymer 
Manufacturing SOCMI and Polymer Manufacturing Equipment Leaks, Reactor 
Processes and Distillation Operations in SOCMI, and Synthetic Organic 
Chemical Polymer and Resin Manufacturing were submitted on July 11, 2007 
and adopted January 22, 2007.
    (vi) Petroleum Refinery Equipment, Manufacture of High-Density 
Polyethylene, Polypropylene, and Polystyrene Resins, and Fugitive 
Emissions from Synthetic Organic Chemical Polymer and Resin 
Manufacturing Equipment were submitted on October 22, 2010 and adopted 
on August 23, 2010.
    (2) Sacramento Metropolitan Air Quality Management District.
    (i) Plastic Parts Coating: Business Machines and Plastic Parts 
Coating: Other were submitted on June 6, 1996 and adopted on May 2, 
1996.
    (ii) Coating Operations at Aerospace Manufacturing and Rework 
Operations was submitted on January 12, 2012 and adopted on October 27, 
2011.
    (3) Santa Barbara County Air Pollution Control District.
    (i) Industrial Wastewater, Plastic Parts Coating: Business Machines, 
Plastic Parts Coating: Other, Industrial Cleaning Solvents, Offset 
Lithography, and Shipbuilding Coatings were submitted on July 12, 1996 
and adopted on May 16, 1996.
    (ii) Synthetic Organic Chemical Manufacturing Industry (SOCMI) Batch 
Processing, SOCMI Reactors, and SOCMI Distillation; and Wood Furniture 
Manufacturing Operations were submitted on April 9, 2002 and adopted on 
February 21, 2002.
    (4) Placer County Air Pollution Control District.
    (i) Aerospace Coatings; Industrial Waste Water Treatment; Plastic 
Parts Coating: Business Machines; Plastic Parts Coating: Other; 
Shipbuilding and Repair; Synthetic Organic Chemical Manufacturing, Batch 
Plants; and Synthetic Organic Chemical Manufacturing, Reactors were 
submitted on February 25, 1998 and adopted on October 7, 1997.
    (5) San Diego County Air Pollution Control District.
    (i) Synthetic organic chemical manufacturing (distillation), 
synthetic organic chemical manufacturing (reactors), wood furniture, 
plastic parts coatings (business machines), plastic parts coatings 
(other), offset lithography, industrial wastewater, autobody 
refinishing, and volatile organic liquid storage were submitted on 
February 25, 1998 and adopted on October 22, 1997.
    (6) Antelope Valley Air Pollution Control District.
    (i) Motor Vehicle Assembly Line Coating Operations submitted on 
January 12, 1999 and adopted on November 18, 1997.
    (ii) Refinery Process Turnarounds submitted on February 16, 1999 and 
adopted on November 18, 1997.
    (iii) Marine Vessel Coating Operations, Marine Tank Vessel 
Operations, and Thermal Enhanced Oil Recovery Wells submitted on June 
23, 1998 and adopted on January 20, 1998.
    (iv) Pharmaceuticals and Cosmetic Manufacturing Operations submitted 
on March 28, 2000 and adopted on January 18, 2000.
    (v) Metal Container, Closure and Coil Coating Operations and Magnet 
Wire Coating Operations submitted on June 3, 2004 and adopted on 
February 17, 2004.
    (vi) Control of Volatile Compound Emissions from Resin Manufacturing 
and Surfactant Manufacturing submitted on July 19, 2004 and adopted on 
March 16, 2004.
    (vii) Large Appliances, Surface Coating; Wood Furniture Surface 
Coating; Gasoline Bulk Plants, Equipment

[[Page 293]]

Leaks from Natural Gas/Gasoline Processing Plants; Leaks from Petroleum 
Refinery Equipment; Air Oxidation Processes (SOCMI); Reactor and 
Distillation Processes (SOCMI); Tank Truck Gasoline Loading Terminals 
 76,000 L; Manufacture of Synthesized Pharmaceutical 
Products; Manufacture of Pneumatic Rubber Tires; Manufacture of High 
Density Polyethylene, Polypropylene and Polystyrene; Equipment Used in 
Synthetic Organic Chemical Polymers and Resin Manufacturing; Refinery 
Vacuum-Producing Systems, Wastewater Separators and Process Unit 
Turnarounds; and Magnetic Wire Coating Operations submitted on January 
31, 2007 and adopted on September 19, 2006.
    (viii) Ship Repair Operations; Storage of Petroleum Liquids in Fixed 
Roof Tanks; and Petroleum Liquid Storage in External Floating Roof Tanks 
submitted on January 7, 2011 and adopted on October 19, 2010.
    (ix) Petroleum Coke Calcining Operations--Oxides of Sulfur submitted 
on June 20, 2011 and adopted on January 18, 2011.
    (7) El Dorado County Air Pollution Control District.
    (i) Bulk Terminal Facilities or External or Internal Floating Roof 
Tank Sources was submitted on May 23, 2001 and adopted on April 3, 2001.
    (8) San Joaquin Valley Unified Air Pollution Control District.
    (i) Synthesized Pharmaceutical Products Manufacturing and Coating 
Operations at Shipbuilding/Ship Repair Facilities submitted on June 18, 
2009 and adopted on April 16, 2009.
    (ii) Rubber Tire Manufacturing submitted on June 20, 2011 and 
adopted on September 20, 2010.
    (9) Northern Sierra Air Quality Management District.
    (i) Flexible Package Printing, Flat Wood Paneling Coatings, Paper, 
Film, and Foil Coatings, Large Appliance Coatings, Metal Furniture 
Coatings, Industrial Cleaning Solvents, and Offset Lithographic Printing 
and Letterpress Printing were submitted on August 14, 2008 and adopted 
on May 19, 2008.
    (ii) Fiberglass Boat Manufacturing Materials, Miscellaneous 
Industrial Adhesives, and Automobile and Light-Duty Truck Assembly 
Coatings were submitted on May 17, 2011 and adopted on April 25, 2011.
    (b) The following air pollution control districts submitted negative 
declarations for oxides of nitrogen source categories to satisfy the 
requirements of section 182 of the Clean Air Act, as amended. The 
following negative declarations are approved as additional information 
to the State Implementation Plan.
    (1) Sacramento Metropolitan Air Quality Management District.
    (i) Nitric and Adipic Acid Manufacturing Plants, Utility Boilers, 
Cement Manufacturing Plants, Glass Manufacturing Plants, and Iron and 
Steel Manufacturing Plants were submitted on March 4, 1996, and adopted 
on August 3, 1995.
    (2) San Joaquin Valley Unified Air Pollution Control District.
    (i) Nitric and Adipic Acid Manufacturing Plants, Cement 
Manufacturing Plants, Asphalt Batch Plants, Iron and Steel Manufacturing 
Plants, and Driers were submitted on October 17, 1994 and adopted on 
September 14, 1994.
    (3) Placer County Air Pollution Control District.
    (i) Nitric and Adipic Acid Manufacturing Plants, Utility Boilers, 
Cement Manufacturing Plants, Glass Manufacturing Plants, and Iron and 
Steel Manufacturing Plants were submitted on February 25, 1998 and 
adopted on October 9, 1997.
    (4) Antelope Valley Air Pollution Control District.
    (i) Boilers and Process Heaters In Petroleum Refineries submitted on 
May 13, 1999 and adopted on April 21, 1998.
    (ii) Cement Kilns and Glass Melting Furnaces submitted on July 23, 
1999 and adopted on March 16, 1999.
    (iii) Nitric Acid Units submitted on March 28, 2000 and adopted on 
January 18, 2000.

[60 FR 47076, Sept. 11, 1995 as amended at 61 FR 56474, 56476, Nov. 1, 
1996; 62 FR 40937, July 31, 1997; 62 FR 43647, Aug. 15, 1997; 63 FR 
50766, 50769, Sept. 23, 1998; 65 FR 31270, May 17, 2000; 65 FR 66177, 
Nov. 3, 2000; 66 FR 44978, Aug. 27, 2001; 67 FR 54741, Aug. 26, 2002; 69 
FR 56357, Sept. 21, 2004; 76 FR 29155, May 20, 2011; 76 FR 38576, July 
1, 2011; 77 FR 12493, Mar. 1, 2012; 77 FR 23132, Apr. 18, 2012]

[[Page 294]]



Sec. 52.223  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves California's plan for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act.
    (b) With the exceptions set forth in this subpart, the Administrator 
approves the plan with respect to Part D, Title I of the Clean Air Act, 
as amended in 1977, for the nonattainment areas listed in this 
paragraph. In addition, continued satisfaction of the requirements of 
Part D for the ozone portion of the State Implementation Plan (SIP) 
depends on the adoption and submittal of reasonably available control 
technology (RACT) requirements by July 1, 1980, for sources covered by 
Control Technique Guidelines (CTGs) issued between January 1978 and 
January 1979 and adoption and submittal by each subsequent January of 
additional RACT requirements for sources covered by CTGs issued by the 
previous January.
    (1) Imperial County for O3.
    (2) North Central Coast Air Basin for O3.
    (3) South Coast Air Basin for O3, CO, NO2, and 
PM.
    (4) San Diego Air Basin for O3, CO, and TSP.
    (5) San Joaquin Valley Air Basin.
    (i) Kern County nonattainment area for ozone, CO, SO2, 
and PM.
    (ii) Kings County for O3 and TSP.
    (iii) Madera County for O3 and TSP.
    (iv) Merced County for O3 and TSP.
    (v) San Joaquin County for CO, O3 and TSP.
    (vi) Stanislaus County for CO, O3 and TSP.
    (vii) Tulare County for O3 and TSP.
    (viii) Fresno County for O3, CO, and TSP.
    (6) South Central Coast Air Basin.
    (i) Santa Barbara County nonattainment area for O3, CO 
and TSP.
    (ii) Ventura County for O3, CO and TSP.
    (7) Sacramento Valley Air Basin.
    (i) Butte County for O3 and CO.
    (ii) Sutter County for O3.
    (iii) Yuba County for O3.
    (iv) Sacramento AQMA for O3.
    (v) Sacramento County Metropolitan Area for CO.
    (8) Southeast Desert Air Basin.
    (i) Los Angeles County for Ozone.
    (ii) San Bernardino County for Ozone.
    (iii) Riverside County for Ozone.
    (9) San Francisco Bay Area Air Basin for O3, CO and TSP.
    (10) Mountain Counties Air Basin.
    (i) El Dorado County (Mountain Counties Air Basin portion) for 
O3.
    (ii) Placer County (Mid-County portion) for O3.
    (c) [Reserved]
    (d) With the exceptions set forth in this subpart, the Administrator 
approves the plan with respect to Part D, Title I of the Clean Air Act, 
as amended in 1977, for the nonattainment areas listed in this 
paragraph.
    (1) Lake Tahoe Basin for CO.
    (2) EPA approves the CO plan for the Lake Tahoe Basin as meeting the 
requirements of Part D. This approval includes the resolution of the 
Lake Tahoe Regional Planning Agency banning new source construction 
pending the adoption of a new regional plan and ordinances. However, EPA 
disapproves the plan for any future time during which the Tahoe Regional 
Planning Agency may remove its construction ban prior to EPA approval of 
the new regional plan and ordinances.
    (e) The Administrator approves the following portions of the 1999 
Ozone Attainment Plan for the San Francisco Bay Area submitted by the 
California Air Resources Board on August 13, 1999: the 1995 baseline 
emissions inventory, the reasonable further progress demonstration, and 
the deletion of transportation control measures 6 and 
16.
    (f)(1) Insofar as the Prevention of Significant Deterioration (PSD) 
provisions found in North Coast Unified Air Quality Management 
District's approved plan apply to stationary sources of greenhouse gas 
(GHGs) emissions, the Administrator approves that application only to 
the extent that GHGs are ``subject to regulation'', as provided in this 
paragraph (b), and the Administrator takes no action on that application 
to the extent that GHGs are not ``subject to regulation.''
    (2) Beginning January 2, 2011, the pollutant GHGs is subject to 
regulation if:
    (i) The stationary source is a new major stationary source for a 
regulated NSR pollutant that is not GHGs, and

[[Page 295]]

also will emit or will have the potential to emit 75,000 tpy 
CO2e or more; or
    (ii) The stationary source is an existing major stationary source 
for a regulated NSR pollutant that is not GHGs, and also will have an 
emissions increase of a regulated NSR pollutant, and an emissions 
increase of 75,000 tpy CO2e or more; and
    (3) Beginning July 1, 2011, in addition to the provisions in 
paragraph (b)(2) of this section, the pollutant GHGs shall also be 
subject to regulation:
    (i) At a new stationary source that will emit or have the potential 
to emit 100,000 tpy CO2e; or
    (ii) At an existing stationary source that emits or has the 
potential to emit 100,000 tpy CO2e, when such stationary 
source undertakes a physical change or change in the method of operation 
that will result in an emissions increase of 75,000 tpy CO2e 
or more.
    (4) For purposes of this paragraph (b)--
    (i) The term greenhouse gas shall mean the air pollutant defined in 
40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases: 
Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, 
perfluorocarbons, and sulfur hexafluoride.
    (ii) The term tpy CO2 equivalent emissions 
(CO2e) shall represent an amount of GHGs emitted, and shall 
be computed as follows:
    (A) Multiplying the mass amount of emissions (tpy), for each of the 
six greenhouse gases in the pollutant GHGs, by the gas's associated 
global warming potential published at Table A-1 to subpart A of 40 CFR 
part 98--Global Warming Potentials.
    (B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this 
section for each gas to compute a tpy CO2e.
    (iii) The term emissions increase shall mean that both a significant 
emissions increase (as calculated using the procedures in the EPA-
approved North Coast Unified Air Quality Management District rules at 
R1-1-130(s2)) and a significant net emissions increase (as defined in 
the North Coast Unified Air Quality Management District rules at R1-1-
130(n1)) occur. For the pollutant GHGs, an emissions increase shall be 
based on tpy CO2e, and shall be calculated assuming the 
pollutant GHGs is a regulated NSR pollutant, and ``significant'' is 
defined as 75,000 tpy CO2e instead of applying the value in 
the EPA-approved North Coast Unified Air Quality Management District 
rules at R1-1-130(s2).
    (g)(1) Insofar as the Prevention of Significant Deterioration (PSD) 
provisions found in Northern Sonoma County Air Pollution Control 
District's approved plan apply to stationary sources of greenhouse gas 
(GHGs) emissions, the Administrator approves that application only to 
the extent that GHGs are ``subject to regulation'', as provided in this 
paragraph (b), and the Administrator takes no action on that application 
to the extent that GHGs are not ``subject to regulation.''
    (2) Beginning January 2, 2011, the pollutant GHGs is subject to 
regulation if:
    (i) The stationary source is a new major stationary source for a 
regulated NSR pollutant that is not GHGs, and also will emit or will 
have the potential to emit 75,000 tpy CO2e or more; or
    (ii) The stationary source is an existing major stationary source 
for a regulated NSR pollutant that is not GHGs, and also will have an 
emissions increase of a regulated NSR pollutant, and an emissions 
increase of 75,000 tpy CO2e or more; and,
    (3) Beginning July 1, 2011, in addition to the provisions in 
paragraph (b)(2) of this section, the pollutant GHGs shall also be 
subject to regulation:
    (i) At a new stationary source that will emit or have the potential 
to emit 100,000 tpy CO2e; or
    (ii) At an existing stationary source that emits or has the 
potential to emit 100,000 tpy CO2e, when such stationary 
source undertakes a physical change or change in the method of operation 
that will result in an emissions increase of 75,000 tpy CO2e 
or more.
    (4) For purposes of this paragraph (b)--
    (i) The term greenhouse gas shall mean the air pollutant defined in 
40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases: 
Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, 
perfluorocarbons, and sulfur hexafluoride.
    (ii) The term tpy CO2 equivalent emissions 
(CO2e) shall represent an

[[Page 296]]

amount of GHGs emitted, and shall be computed as follows:
    (A) Multiplying the mass amount of emissions (tpy), for each of the 
six greenhouse gases in the pollutant GHGs, by the gas's associated 
global warming potential published at Table A-1 to subpart A of 40 CFR 
part 98--Global Warming Potentials.
    (B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this 
section for each gas to compute a tpy CO2e.
    (iii) The term emissions increase shall mean that both a significant 
emissions increase (as calculated using the procedures in the EPA-
approved Northern Sonoma County Air Pollution Control District rules at 
R1-1-130(s2)) and a significant net emissions increase (as defined in 
the Northern Sonoma County Air Pollution Control District rules at R1-1-
130(n1)) occur. For the pollutant GHGs, an emissions increase shall be 
based on tpy CO2e, and shall be calculated assuming the 
pollutant GHGs is a regulated NSR pollutant, and ``significant'' is 
defined as 75,000 tpy CO2e instead of applying the value in 
the EPA-approved Northern Sonoma County Air Pollution Control District 
rules at R1-1-130(s2).
    (h)(1) Insofar as the Prevention of Significant Deterioration (PSD) 
provisions found in Mendocino County Air Quality Management District's 
approved plan apply to stationary sources of greenhouse gas (GHGs) 
emissions, the Administrator approves that application only to the 
extent that GHGs are ``subject to regulation'', as provided in this 
paragraph (b), and the Administrator takes no action on that application 
to the extent that GHGs are not ``subject to regulation.''
    (2) Beginning January 2, 2011, the pollutant GHGs is subject to 
regulation if:
    (i) The stationary source is a new major stationary source for a 
regulated NSR pollutant that is not GHGs, and also will emit or will 
have the potential to emit 75,000 tpy CO2e or more; or
    (ii) The stationary source is an existing major stationary source 
for a regulated NSR pollutant that is not GHGs, and also will have an 
emissions increase of a regulated NSR pollutant, and an emissions 
increase of 75,000 tpy CO2e or more; and,
    (3) Beginning July 1, 2011, in addition to the provisions in 
paragraph (b)(2) of this section, the pollutant GHGs shall also be 
subject to regulation:
    (i) At a new stationary source that will emit or have the potential 
to emit 100,000 tpy CO2e; or
    (ii) At an existing stationary source that emits or has the 
potential to emit 100,000 tpy CO2e, when such stationary 
source undertakes a physical change or change in the method of operation 
that will result in an emissions increase of 75,000 tpy CO2e 
or more.
    (4) For purposes of this paragraph (b)--
    (i) The term greenhouse gas shall mean the air pollutant defined in 
40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases: 
Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, 
perfluorocarbons, and sulfur hexafluoride.
    (ii) The term tpy CO2 equivalent emissions 
(CO2e) shall represent an amount of GHGs emitted, and shall 
be computed as follows:
    (A) Multiplying the mass amount of emissions (tpy), for each of the 
six greenhouse gases in the pollutant GHGs, by the gas's associated 
global warming potential published at Table A-1 to subpart A of 40 CFR 
part 98--Global Warming Potentials.
    (B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this 
section for each gas to compute a tpy CO2e.
    (iii) The term emissions increase shall mean that both a significant 
emissions increase (as calculated using the procedures in the EPA-
approved Mendocino County Air Quality Management District rules at R1-1-
130(s2)) and a significant net emissions increase (as defined in the 
Mendocino County Air Quality Management District rules at R1-1-130(m1) 
(1982)) occur. For the pollutant GHGs, an emissions increase shall be 
based on tpy CO2e, and shall be calculated assuming the 
pollutant GHGs is a regulated NSR pollutant, and ``significant'' is 
defined as 75,000 tpy CO2e instead of applying the value in 
the EPA-approved Mendocino County Air Quality Management District rules 
at R1-1-130(s2).

[45 FR 74484, Nov. 11, 1980]

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

[[Page 297]]

Sections Affected, which appears in the Finding Aids section of the 
printed volume and at www.fdsys.gov.



Sec. 52.224  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
except in certain Air Pollution Control Districts (APCD) as indicated in 
this paragraph since the plan does not provide procedures by which 
emission data, as correlated with applicable emission limitations, will 
be made available to the public.
    (1) The following APCD's meet the requirements of Sec. 51.116(c) of 
this chapter:
    (i) Siskiyou County APCD.
    (ii) San Diego County APCD.
    (iii) Great Basin Unified APCD.
    (iv) Del Norte County APCD.
    (v) Humboldt County APCD.
    (vi) Mendocino County APCD.
    (vii) Northern Sonoma County APCD.
    (viii) Trinity County APCD.
    (ix) Amador County APCD.
    (2) The following APCD's do not provide for the correlation of 
emission data with applicable emission limitations as required by Sec. 
51.116(c) of this chapter. In these APCD's, only the requirements of 
Sec. 52.224(b)(4) are in effect:
    (i) Merced County APCD.
    (ii) Stanislaus County APCD.
    (iii) Fresno County APCD.
    (iv) Calaveras County APCD.
    (v) Tuolumne County APCD.
    (vi) San Joaquin County APCD.
    (vii) Mariposa County APCD.
    (viii) Tulare County APCD.
    (ix) Kern County APCD.
    (x) Madera County APCD.
    (xi) Yolo-Solano APCD.
    (xii) Sutter County APCD.
    (xiii) Glenn County APCD.
    (xiv) Tehama County APCD.
    (xv) Sierra County APCD.
    (xvi) Shasta County APCD.
    (xvii) Sacramento County APCD.
    (xviii)-(xix) [Reserved]
    (xx) Lake County APCD.
    (xxi) Imperial County APCD.
    (xxii) [Reserved]
    (xxiii) Ventura County APCD.
    (xxiv) Monterey Bay Unified APCD.
    (xxv) [Reserved]
    (xxvi) San Luis Obispo County APCD.
    (xxvii) Kings County APCD.
    (xxviii) Plumas County APCD.
    (xxix) Nevada County APCD.
    (b) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the Agency responsible for 
making emission data available to the public, as specified in the 
applicable plan, except for those APCD's specified in paragraph (a) of 
this section, concerning emissions from any source subject to emission 
limitations which are part of the approved plan may request that the 
appropriate Regional Administrator obtain and make public such data. 
Within 30 days after receipt of any such written request, the Regional 
Administrator shall require the owner or operator of any such source to 
submit information within 30 days on the nature and amounts of emissions 
from such source and any other information as may be deemed necessary by 
the Regional Administrator to determine whether such source is in 
compliance with applicable emission limitations or other control 
measures that are part of the applicable plan.
    (2) Commencing after the initial notification by the Regional 
Administrator pursuant to paragraph (b)(1) of this section, the owner or 
operator of the source shall maintain records of the nature and amounts 
of emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the plan. The information recorded shall be 
summarized and reported to the Regional Administrator, on forms 
furnished by the Regional Administrator, and shall be submitted within 
45 days after the end of the reporting period. Reporting periods are 
January 1 to June 30 and July 1 to December 31.
    (3) Information recorded by the owner or operator and copies of this 
summarizing report submitted to the Regional Administrator shall be 
retained by the owner or operator for 2 years after the date on which 
the pertinent report is submitted.
    (4) Emission data obtained from owners or operators of stationary 
sources will be correlated with applicable emission limitations and 
other control

[[Page 298]]

measures that are part of the applicable plan and will be available at 
the appropriate regional office and at other locations in the state 
designated by the Regional Administrator.
    (c) The deletion of the following rules or portions of rules is 
disapproved, since these regulations are necessary to fulfill the 
requirements of 40 CFR 51.116(c).
    (1) Northcoast intrastate region:
    (i) Lake County APCD.
    (A) Section 49a, Public Records, and Section 49b, Record, of Part 
III, Definitions; and Part II, Authorization and Disclosure, submitted 
on October 23, 1974 and previously approved under 40 CFR 52.223, are 
retained.

[40 FR 55328, Nov. 28, 1975]

    Editorial Note: For Federal Register citations affecting Sec. 
52.224, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.225  Legal authority.

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

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



Sec. 52.226  Control strategy and regulations: Particulate matter, San Joaquin 

Valley and Mountain Counties Intrastate Regions.

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

[[Page 299]]

    (i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on 
February 10, 1976, is disapproved; and Rule 407.1, submitted on June 30, 
1972 and previously approved in 40 CFR 52.223 is retained.
    (6) Mariposa County APCD.
    (i) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on 
January 10, 1975, is disapproved; and Rule 6.4, submitted on June 30, 
1972 and previously approved in 40 CFR 52.223 is retained.
    (7) Kern County APCD.
    (i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on 
July 22, 1975, is disapproved; and Rule 407.1, submitted on June 30, 
1972 and previously approved in 40 CFR 52.223 is retained.
    (8) Madera County APCD.
    (i) Rule 405, Process Weight, submitted on January 10, 1975 is 
disapproved; and Rule 405, submitted on June 30, 1972 and previously 
approved in 40 CFR 52.223 is retained.
    (9) Tulare County APCD.
    (i) Paragraph b. of Rule 407.1.
    (10) Merced County APCD.
    (i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on 
August 2, 1976 is disapproved; and Rule 407.1 submitted on June 30, 1972 
and previously approved in 40 CFR 52.223 is retained.

[37 FR 10850, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.226, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.227  Control strategy and regulations: Particulate matter, 

Metropolitan Los Angeles Intrastate Region.

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

[[Page 300]]

    (ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes.

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



Sec. 52.228  Regulations: Particulate matter, Southeast Desert Intrastate 

Region.

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

[37 FR 10850, May 31, 1972, as amended at 37 FR 19813, Sept. 22, 1972; 
43 FR 35695, Aug. 11, 1978; 43 FR 40014, Sept. 8, 1978; 64 FR 49400, 
Sept. 13, 1999]



Sec. 52.229  Control strategy and regulations: Photochemical oxidants 

(hydrocarbons), Metropolitan Los Angeles Intrastate Region.

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

[[Page 301]]

    (c) The rescission by the Southern California APCD of the following 
rules, which were previously approved in the September 22, 1972 (37 FR 
19813) Federal Register issue, is disapproved since adequate replacement 
rules have not been submitted and no analysis has been presented to show 
that this rescission will not interfere with the attainment and 
maintenance of the NAAQS for photochemical oxidants (hydrocarbons) as 
required by section 110 of the Clean Air Act. In addition, the following 
rules, as submitted in June 1972 and approved for the SIP, remain 
federally enforceable:
    (1) Los Angeles County APCD, Regulation IV, Rule 69, Vacuum 
Producing Devices or Systems.
    (2) San Bernardino County APCD, Regulation IV, Rule 69, Vacuum 
Producing Devices or Systems.
    (3) Riverside County APCD, Regulation IV, Rule 74, Vacuum Producing 
Devices or Systems.
    (4) Orange County APCD, Regulation IV, Rule 69, Vacuum Producing 
Devices or Systems.

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



Sec. 52.230  Control strategy and regulations: Nitrogen dioxide.

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

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



Sec. 52.231  Regulations: Sulfur oxides.

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

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



Sec. 52.232  Part D conditional approval.

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

[[Page 302]]

section 173 and 40 CFR Subpart I, ``Review of new sources and 
modifications.''

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

[[Page 303]]

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

                         Yolo-Solano County APCD

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

[45 FR 74485, Nov. 10, 1980]

    Editorial Note: For Federal Register citations affecting Sec. 
52.232, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.233  Review of new sources and modifications.

    (a) The following regulations are disapproved because they are not 
consistent with Clean Air Act requirements.
    (1) Imperial County APCD.
    (i) Subparagraph C.5. of Rule 207, Standards for Permit to 
Construct, submitted March 17, 1980.
    (2) Monterey Bay Unified APCD.
    (i) Subparagraph B.5. of Rule 207, Standards for Permit to 
Construct, submitted March 17, 1980.
    (3) South Coast AQMD.
    (i) In Rule 1306(a)(i), submitted on April 3, 1980, sentence 3 is 
disapproved.

[[Page 304]]

    (ii) In Rule 1306(d)(1)(B)(ii), submitted on April 3, 1980, the 
following portion of the rule is disapproved: ``Which have occurred 
during the highest three years of the last five year period, divided by 
three, provided the applicant demonstrates that such permit units have 
been operated at least 90 days during each of such three years.''
    (iii) In Rule 1307(a) submitted on April 3, 1980, the following 
portion of the rule is disapproved: ``Greater than 68 kilograms (150 
pounds) per day except carbon monoxide, for which the value is an 
increase greater than 340 kilograms (750 pounds) per day.''
    (4) Kern County APCD.
    (i) Those portions of paragraph (3)(E) of Rule 210.1, submitted on 
April 15, 1980, which allow new sources and modifications to be exempt 
from LAER.
    (b) [Reserved]
    (c) The requirements of Sec. 51.160(a) of this chapter are not met 
in the following Air Pollution Control Districts since the regulations 
of the APCD's do not provide the means to prevent construction of 
sources which would violate applicable portions of the control strategy 
or would interfere with the attainment or maintenance of a national 
standard.
    (1) Mariposa County APCD.
    (2) Santa Barbara County APCD.
    (d) The requirements of Sec. 51.160(a) of this chapter are not met 
in the following Air Pollution Control Districts since the regulations 
of the APCD's do not include a means to prevent construction or 
modification if such construction or modification would interfere with 
the attainment or maintenance of a national standard.
    (1) Amador County APCD.
    (2) Calaveras County APCD.
    (3) El Dorado County APCD (Mountain Counties Intrastate portion).
    (4) [Reserved]
    (5) Glenn County APCD.
    (6) Humboldt County APCD.
    (7)-(8) [Reserved]
    (9) Lake County APCD.
    (10) Lassen County APCD.
    (11) [Reserved]
    (12) Mendocino County APCD.
    (13) [Reserved]
    (14) Modoc County APCD.
    (15) Monterey Bay Unified APCD.
    (16) Nevada County APCD.
    (17) Northern Sonoma County APCD.
    (18) [Reserved]
    (19) Plumas County APCD.
    (20) [Reserved]
    (21) Shasta County APCD.
    (22) Sierra County APCD.
    (23) Siskiyou County APCD.
    (24) [Reserved]
    (25) Sutter County APCD.
    (26) [Reserved]
    (27) Tuolumne County APCD.
    (e) [Reserved]
    (f) Regulation for review of new sources and modifications. (1) The 
requirements of this paragraph are applicable to:
    (i) Any stationary source in the APCD's listed below, the 
construction or modification of which is commenced after the effective 
date of this regulation.
    (a) Mariposa County APCD.
    (b) [Reserved]
    (c) Santa Barbara County APCD.
    (ii) Any stationary source subject to the requirements of Sec. Sec. 
52.226(c), 52.227(c), 52.228(b), or 52.230(b), the construction or 
modification of which is commenced after the effective date of this 
regulation.
    (2) No owner or operator shall commence construction or modification 
of a stationary source after the effective date of this regulation 
without first obtaining approval from the Administrator of the location 
and design of such source.
    (i) Application for approval to construct or modify shall be made on 
forms furnished by the Administrator, or by other means prescribed by 
the Administrator.
    (ii) A separate application is required for each source.
    (iii) Each application shall be signed by the applicant.
    (iv) Each application shall be accompanied by site information, 
plans, descriptions, specifications, and drawings showing the design of 
the source, the nature and amount of emissions, and the manner in which 
it will be operated and controlled.
    (v) Any additional information, plans, specifications, evidence, or 
documentation that the Administrator may require shall be furnished upon 
request.
    (3) No approval to construct or modify will be granted unless the 
applicant

[[Page 305]]

shows to the satisfaction of the Administrator that:
    (i) The source will be operated without causing a violation of any 
local, State, or Federal regulations which are part of the applicable 
plan.
    (ii) The source will not prevent or interfere with attainment or 
maintenance of any national standard.
    (4) (i) Within twenty (20) days after receipt of an application to 
construct, or any addition to such application, the Administrator shall 
advise the owner or operator of any deficiency in the information 
submitted in support of the application. In the event of such a 
deficiency, the date of receipt of the application for the purpose of 
paragraph (f)(4)(ii) of this section, shall be the date on which all 
required information is received by the Administrator.
    (ii) Within thirty (30) days after receipt of a complete 
application, the Administrator shall:
    (a) Make a preliminary determination whether the source should be 
approved, approved with conditions, or disapproved.
    (b) Make available in at least one location in each region in which 
the proposed source would be constructed, a copy of all materials 
submitted by the owner or operator, a copy of the Administrator's 
preliminary determination and a copy or summary of other materials, if 
any, considered by the Administrator in making his preliminary 
determination; and
    (c) Notify the public, by prominent advertisement in a newspaper of 
general circulation in each region in which the proposed source would be 
constructed, of the opportunity for written public comment on the 
information submitted by the owner or operator and the Administrator's 
preliminary determination on the approvability of the source.
    (iii) A copy of the notice required pursuant to this paragraph shall 
be sent to the applicant and to state and local air pollution control 
agencies, having cognizance over the location where the source will be 
situated.
    (iv) Public comments submitted in writing within thirty (30) days 
after the date such information is made available shall be considered by 
the Administrator in making his final decision on the application. No 
later than ten (10) days after the close of the public comment period, 
the applicant may submit a written response to any comment submitted by 
the public. The Administrator shall consider the applicant's response in 
making his final decision. All comments shall be made available for 
public inspection in at least one location in the region in which the 
source would be located.
    (v) The Administrator shall take final action on the application 
within thirty (30) days after the close of the public comment period. 
The Administrator shall notify the applicant in writing of his approval, 
conditional approval, or denial of the application, and shall set forth 
his reasons for ocnditional approval or denial. Such notification shall 
be made available for public inspection in at least one location in the 
region in which the source would be located.
    (vi) The Administrator may extend each of the time periods specified 
in paragraph (f)(4)(ii), (iv) or (v) of this section by no more than 30 
days, or such other period as agreed to by the applicant and the 
Administrator.
    (5) The Administrator may impose any reasonable conditions upon an 
approval, including conditions requiring the source to be provided with:
    (i) Sampling ports of a size, number, and location as the 
Administrator may require,
    (ii) Safe access to each port,
    (iii) Instrumentation to monitor and record emission data, and
    (iv) Any other sampling and testing facilities.
    (6) The Administrator may cancel an approval if the construction is 
not begun within 2 years from the date of issuance, or if during the 
construction, work is suspended for 1 year.
    (7) Any owner or operator subject to the provisions of this 
regulation shall furnish the Administrator written notification as 
follows:
    (i) A notification of the anticipated date or initial startup of the 
source not more than 60 days or less than 30 days prior to such date.
    (ii) A notification of the actual date of initial startup of the 
source within 15 days after such date.

[[Page 306]]

    (8) Within 60 days after achieving the maximum production rate at 
which the source will be operated but not later than 180 days after 
initial startup of such source the owner or operator of such source 
shall conduct a performance test(s) in accordance with methods and under 
operating conditions approved by the Administrator and furnish the 
Administrator a written report of the results of such performance test.
    (i) Such test shall be at the expense of the owner or operator.
    (ii) The Administrator may monitor such test and may also conduct 
performance tests.
    (iii) The owner or operator of a source shall provide the 
Administrator 15 days prior notice of the performance test to afford the 
Administrator the opportunity to have an observer present.
    (iv) The Administrator may waive the requirement for performance 
tests if the owner or operator of a source has demonstrated by other 
means to the Administrator's satisfaction that the source is being 
operated in compliance with all local, State and Federal regulations 
which are part of the applicable plan.
    (9) Approval to construct or modify shall not be required for:
    (i) The installation or alteration of an air pollutant detector, air 
pollutants recorder, combustion controller, or combustion shutoff.
    (ii) Air-conditioning or ventilating systems not designed to remove 
air pollutants generated by or released from equipment.
    (iii) Fuel burning equipment, other than smokehouse generators which 
has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/h) and 
burns only gaseous fuel containing not more than 0.5 grain H2 
S per 100 stdft\3\ (5.7 g/100 stdm\3\); has a heat input of not more 
than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil; or has a 
heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and burns any 
other fuel.
    (iv) Mobile internal combustion engines.
    (v) Laboratory equipment used exclusively for chemical or physical 
analyses.
    (vi) Other sources of minor significance specified by the 
Administrator.
    (10) Approval to construct or modify shall not relieve any person of 
the responsibility to comply with any local, State, or Federal 
regulation which is part of the applicable plan.
    (11) Any owner or operator who constructs, modifies, or operates a 
stationary source not in accordance with the application, as approved 
and conditioned by the Administrator, or any owner or operator of a 
stationary source subject to this paragraph who commences construction 
or modification without applying for any receiving approval hereunder, 
shall be subject to enforcement action under section 113 of the Act.
    (g) Regulation for review of new sources and modifications. (1) The 
requirements of this paragraph are applicable to any stationary source 
in the APCD's listed below, the construction or modification of which is 
commenced after the effective date of this regulation.
    (i) Amador County APCD.
    (ii) Calaveras County APCD.
    (iii) El Dorado County APCD (Mountain Counties Intrastate portion).
    (iv) [Reserved]
    (v) Glenn County APCD.
    (vi) Humboldt County APCD.
    (vii)-(viii) [Reserved]
    (ix) Lassen County APCD.
    (x) Madera County APCD.
    (xi) Mendocino County APCD.
    (xii) Merced County APCD.
    (xiii) Modoc County APCD.
    (xiv) Monterey Bay Unified APCD.
    (xv) Nevada County APCD.
    (xvi) [Reserved]
    (xvii) Plumas County APCD.
    (xviii) San Joaquin County APCD.
    (xix) Shasta County APCD.
    (xx) Sierra County APCD.
    (xxi) Siskiyou County APCD.
    (xxii) Stanislaus County APCD.
    (xxiii) Sutter County APCD.
    (xxiv) Tulare County APCD.
    (xxv) Tuolumne County APCD.
    (2) No owner or operator shall commence construction or modification 
of any new source after the effective date of this regulation without 
first obtaining approval from the Administrator of the location of such 
source.
    (i) Application for approval to construct or modify shall be made on

[[Page 307]]

forms furnished by the Administrator, or by other means prescribed by 
the Administrator.
    (ii) A separate application is required for each source.
    (iii) Each application shall be signed by the applicant.
    (iv) Each application shall be accompanied by site information, 
stack data, and the nature and amount of emissions. Such information 
shall be sufficient to enable the Administrator to make any 
determination pursuant to paragraph (g)(3) of this section.
    (v) Any additional information, plans, specifications, evidence, or 
documentation that the Administrator may require shall be furnished upon 
request.
    (3) No approval to construct or modify will be granted unless the 
applicant shows to the satisfaction of the Administrator that the source 
will not prevent or interfere with attainment or maintenance of any 
national standard.
    (4) (i) Within twenty (20) days after receipt of an application to 
construct, or any addition to such application, the Administrator shall 
advise the owner or operator of any deficiency in the information 
submitted in support of the application. In the event of such a 
deficiency, the date of receipt of the application for the purpose of 
paragraph (g)(4)(ii) of this section, shall be the date on which all 
required information is received by the Administrator.
    (ii) Within thirty (30) days after receipt of a complete 
application, the Administrator shall:
    (a) Make a preliminary determination whether the source should be 
approved, approved with conditions, or disapproved.
    (b) Make available in at least one location in each region in which 
the proposed source would be constructed, a copy of all materials 
submitted by the owner or operator, a copy of the Administrator's 
preliminary determination and a copy or summary of other materials, if 
any, considered by the Administrator in making his preliminary 
determination; and
    (c) Notify the public, by prominent advertisement in a newspaper of 
general circulation in each region in which the proposed source would be 
constructed, of the opportunity for written public comment on the 
information submitted by the owner or operator and the Administrator's 
preliminary determination on the approvability of the source.
    (iii) A copy of the notice required pursuant to this subparagraph 
shall be sent to the applicant and to state and local air pollution 
control agencies, having cognizance over the location where the source 
will be situated.
    (iv) Public comments submitted in writing within thirty (30) days 
after the date such information is made available shall be considered by 
the Administrator in making his final decision on the application. No 
later than ten (10) days after the close of the public comment period, 
the applicant may submit a written response to any comment submitted by 
the public. The Administrator shall consider the applicant's response in 
making his final decision. All comments shall be made available for 
public inspection in at least one location in the region in which the 
source would be located.
    (v) The Administrator shall take final action on an application 
within thirty (30) days after the close of the public comment period. 
The Administrator shall notify the applicant in writing of his approval, 
conditional approval, or denial of the application, and shall set forth 
his reasons for conditional approval or denial. Such notification shall 
be made available for public inspection in at least one location in the 
region in which the source would be located.
    (vi) The Administrator may extend each of the time periods specified 
in paragraph (g)(4) (ii), (iv) or (v) of this section by no more than 30 
days, or such other period as agreed to by the applicant and the 
Administrator.
    (5) The Administrator may cancel an approval if the construction is 
not begun within 2 years from the date of issuance, or if during the 
construction, work is suspended for 1 year.
    (6) Approval to construct or modify shall not relieve any owner or 
operator of the responsibility to comply with any local, State, or 
Federal regulation which is part of the applicable plan.
    (7) Approval to construct or modify shall not be required for:

[[Page 308]]

    (i) The installation or alteration of an air pollutant detector, air 
pollutants recorder, combustion controller, or combustion shutoff.
    (ii) Air-conditioning or ventilating systems not designed to remove 
air pollutants generated by or released from equipment.
    (iii) Fuel burning equipment, other than smokehouse generators, 
which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/
h) and burns only gaseous fuel containing not more than 20.0 grain 
H2 S per 100 stdft\3\ (54.8 g/100 stdm\3\); has a heat input 
of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil; 
or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and 
burns any other fuel.
    (iv) Mobile internal combustion engines.
    (v) Laboratory equipment used exclusively for chemical or physical 
analyses.
    (vi) Other sources of minor significance specified by the 
Administrator.
    (8) Any owner or operator who constructs, modifies, or operates a 
stationary source not in accordance with the application, as approved 
and conditioned by the Administrator, or any owner or operator of a 
stationary source subject to this paragraph who commences construction 
or modification without applying for and receiving approval hereunder, 
shall be subject to enforcement action under section 113 of the Act.
    (h)-(i) [Reserved]
    (j) Delegation of authority. (1) The Administrator shall have the 
authority to delegate responsibility for implementing the procedures for 
conducting source review pursuant to this section in accordance with 
paragraphs (j) (2), (3), and (4) of this section.
    (2) Where the Administrator delegates the responsibility for 
implementing the procedures for conducting source review pursuant to 
this section to any Agency, other than a Regional Office of the 
Environmental Protection Agency, a copy of the notice pursuant to 
paragraphs (f)(4)(iii) and (g)(4)(iii) of this section shall be sent to 
the Administrator through the appropriate Regional Office.
    (3) In accordance with Executive Order 11752, the Administrator's 
authority for implementing the procedures for conducting source review 
pursuant to this section shall not be delegated, other than to a 
Regional Office of the Environmental Protection Ands; except that, with 
respect to the latter category, where new or modified sources are 
constructed or operated on Federal lands pursuant to leasing or other 
Federal agreements, the Federal Land Manager may at his discretion, to 
the extent permissible under applicable statutes and regulations, 
require the lessee or permittee to be subject to new source review 
requirements which have been delegated to a state or local agency 
pursuant to this paragraph.
    (4) The Administrator's authority for implementing the procedures 
for conducting source review pursuant to this section shall not be 
redelegated, other than to a Regional Office of the Environmental 
Protection Agency, for new or modified sources which are located in 
Indian reservations except where the State has assumed jurisdiction over 
such land under other laws, in which case the Administrator may delegate 
his authority to the States in accordance with paragraphs (j) (2), (3), 
and (4) of this section.
    (k) Conditions on steam production. (1) Notwithstanding any 
provisions to the contrary in the California State Implementation Plan, 
the Watson petroleum refinery owned by Atlantic Richfield Company, 
located at 1801 East Sepulveda Boulevard, Carson, California, shall 
operate under the following conditions listed in paragraphs (k)(2) 
through (6) of this section.
    (2) The total steam load comprised of the steam purchased from 
Watson Energy Systems and the amount generated by boilers 31, 
32, 33, 42, 51, and 52 at 
the ARCO Watson Refinery shall not exceed 1,355,000 pounds per hour at 
680 [deg]F, 600 psig.
    (3) Continuous written records of steam purchased from Watson Energy 
Systems and of the steam produced by boilers 31, 32, 
42, 51, or 52 at the ARCO Watson Refinery, 
during receipt of steam from Watson Energy Systems, shall be maintained 
and made available for inspection by the EPA and the South Coast Air 
Quality Management

[[Page 309]]

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

[37 FR 19813, Sept. 22, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.233, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.234  Source surveillance.

    (a) Except in the Air Pollution Control Districts (APCDs) listed in 
this paragraph, the requirements of Sec. 51.211 of this chapter are not 
met since the plan does not provide for recordkeeping and periodic 
reporting of emission data by sources.
    (1) Amador County APCD.
    (2) Bay Area AQMD.
    (3) Calaveras County APCD.
    (4) Del Norte County APCD.
    (5) El Dorado County APCD.
    (6) Humboldt County APCD.
    (7) Imperial County APCD.
    (8) Lake County APCD.
    (9) Mariposa County APCD.
    (10) Mendocino County APCD.
    (11) Nevada County APCD.
    (12) Northern Sonoma County APCD.
    (13) Placer County APCD.
    (14) Plumas County APCD.
    (15) Sierra County APCD.
    (16) Trinity County APCD.
    (17) Ventura County APCD.
    (b) The requirements of Sec. 51.212 of this chapter are not met 
since the plan does not adequately provide for periodic testing and 
inspection of stationary sources within the Bay Area Air Pollution 
Control District portion of the San Francisco Bay Area Intrastate 
Region.
    (c) The requirements of Sec. 51.212 of this chapter are not met 
since the system for detecting violations through enforcement of visible 
emission regulations and complaint handling is not adequately described.
    (d) Regulation for source recordkeeping and reporting. (1) The owner 
or operator of any stationary source in the State of California, except 
for those APCD's specified in paragraph (a) of this section, shall, upon 
notification from the Administrator, maintain records of the nature and 
amounts of emissions from

[[Page 310]]

such source and/or any other information as may be deemed necessary by 
the Administrator to determine whether such source is in compliance with 
applicable emission limitations or other control measures.
    (2) The information recorded shall be summarized and reported to the 
Administrator, on forms furnished by the Administrator, and shall be 
submitted within 45 days after the end of the reporting period. 
Reporting periods are January 1 to June 30 and July 1 to December 31, 
except that the initial reporting period shall commence on the date the 
Administrator issues notification of the recordkeeping requirements.
    (3) Information recorded by the owner or operator and copies of the 
summarizing reports submitted to the Administrator shall be retained by 
the owner or operator for 2 years after the date on which the pertinent 
report is submitted.
    (e) The requirements of Sec. 51.214 of this chapter are not met in 
the following air pollution control districts (APCD's) since all of the 
applicable requirements of Appendix P of part 51 are not included in the 
district regulations.
    (1) Amador County APCD.
    (2) Bay Area AQMD
    (3) Calaveras County APCD.
    (4) El Dorado County APCD.
    (5) Imperial County APCD.
    (6) Kern County APCD.
    (7) Kings County APCD.
    (8) Los Angeles County APCD.
    (9) Mariposa County APCD.
    (10) Monterey Bay Unified APCD.
    (11) Nevada County APCD.
    (12) Placer County APCD.
    (13) Plumas County APCD.
    (14) San Bernardino County Desert APCD.
    (15) San Diego County APCD.
    (16) San Joaquin County APCD.
    (17) San Luis Obispo County APCD.
    (18) Santa Barbara County APCD.
    (19) Sierra County APCD.
    (20) South Coast AQMD.
    (21) Stanislaus County APCD.
    (22) Tulare County APCD.
    (23) Ventura County APCD.

[37 FR 10850, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.234, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



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

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

[60 FR 20237, Apr. 25, 1995]



Sec. 52.236  Rules and regulations.

    (a) Since the following Air Pollution Control District (APCD) rules 
do not define the term ``agricultural operations,'' the rules are 
disapproved because they could render certain emission limitations rules 
unenforceable.
    (1) Imperial County APCD.
    (i) Rule 114.5, submitted on November 10, 1976.
    (ii) Rule 148.D(3), submitted on November 10, 1976.
    (b) The following Air Pollution Control District (APCD) rules are 
disapproved because they contain the term ``agricultural operations'' 
and/or the term ``other equipment in agricultural operations,'' both of 
which are either undefined or inadequately defined, thus rendering 
certain emission control rules unenforceable:
    (1) San Luis Obispo County APCD.
    (i) Rules 401(B)(4) and 401(B)(6), submitted on November 10, 1976.
    (2) Sacramento County APCD.
    (i) Rule 7(b)(5), submitted on November 4, 1977.
    (3) Glenn County APCD.
    (i) Section 77(e), submitted on June 30, 1972, and previously 
approved under 40 CFR 52.223 (37 FR 19812).

[[Page 311]]

    (4) Mariposa County APCD.
    (i) Rule 203(G), submitted on June 6, 1977.
    (5) Kern County APCD.
    (i) Rules 402(c) and 402(e), submitted on; November 10, 1976.
    (6) Fresno County APCD.
    (i) Rules 402(c) and 402(e), submitted on October 23, 1974.
    (ii) Rules 402(c) and 402(e), submitted on June 30, 1972, and 
previously approved under 40 CFR 52.223 (37 FR 19812).
    (7) Tulare County APCD.
    (i) Section 402(c), submitted on November 10, 1976, and previously 
approved under 40 CFR 52.223 (42 FR 47556).
    (8) Madera County APCD.
    (i) Rules 402(c) and 402(e), submitted on January 10, 1975, and 
previously approved under 40 CFR 52.223 (42 FR 42219).
    (9) Amador County APCD.
    (i) Rules 203(G), submitted on October 15, 1979, and 205(G), 
submitted on June 30, 1972.
    (c) Since the following Air Pollution Control Districts have deleted 
definitions which could allow a relaxation of emission limitations, the 
deletions are disapproved:
    (1) Merced County APCD.
    (i) Rule 102(hh), submitted on June 30, 1972, previously approved 
under 40 CFR 52.223, and deleted by the August 2, 1976 submittal, is 
retained.
    (2) El Dorado County APCD.
    (i) Rule 102(LL), submitted on November 4, 1977, previously approved 
at 43 FR 51632, and deleted by the May 23, 1979 submittal, is retained.
    (d) The following rules or portions of rules are disapproved since 
they contain provisions which are inconsistent with 40 CFR part 58, 
Ambient Air Quality Surveillance.
    (1) Lake County APCD.
    (i) Section 224, Equivalent Method, and Table V, Table of Standards, 
Applicable Statewide, submitted on February 10, 1977.
    (ii) Table V, Concentrations and Methods, submitted on January 2, 
1979, and Table V, submitted on February 10, 1976 and previously 
approved at 42 FR 42224.
    (e) Since the following air pollution control districts have revised 
definitions so as to render the associated emission control requirements 
less stringent without a control strategy demonstration, the revisions 
are disapproved.
    (1) Mendocino County APCD.
    (i) Rule 130(p4), submitted on November 10, 1976. (Part III-49, 
previously submitted on February 21, 1972, and approved in 40 CFR 
52.223, is retained).
    (ii) Rule 130(s3), submitted on November 10, 1976. (Part III-55, 
previously submitted on February 21, 1972, and approved in 40 CFR 
52.233, is retained).
    (2) Shasta County APCD.
    (i) The definition of ``modification'' in Rule 1:2, Definitions, 
submitted on October 13, 1977, is disapproved.
    (3) San Bernardino County Desert APCD.
    (i) Rule 103, Definition of Terms, submitted on November 4, 1977, is 
disapproved with respect to the deletion of the following terms: 
``Distilling type heater'', ``Noncomplying orchard heater'', ``Pipe line 
systems'', and ``Return stack heater''. (Rule 2, Definitions, submitted 
on February 21, 1972 and approved in 40 CFR 52.223, is retained for the 
above terms.)
    (4) Southeast Desert Intrastate Region.
    (i) San Bernardino County Desert APCD.
    (A) Rule 102, Definition of Terms, submitted November 4, 1977 is 
disapproved with respect to the deletion of the following terms: 
Distilling type heater, Non-complying orchard heater, Pipe line systems, 
and Return stack heater. Rule 2, Definitions, submitted February 21, 
1972 and approved in 40 CFR 52.223, is retained for the above terms.
    (f) The following APCD rules are disapproved because they exempt 
some portions of the districts from the existing air pollution control 
regulations without setting forth substitute rules for the exempted 
areas.
    (1) El Dorado County APCD.
    (i) Rule 201, submitted on November 4, 1977, is disapproved. (The 
previously approved Rule 49, submitted on June 30, 1972, is retained for 
Federal enforcement purposes.)
    (g) The following Air Pollution Control District (APCD) rules are 
disapproved pursuant to section 110(a)(2)(K) of the Clean Air Act 
because they could allow recovery of

[[Page 312]]

legal expenses associated with permit enforcement actions.
    (1) Monterey Bay Unified APCD.
    (i) Rule 300 (i)(1), Permit Fee, submitted on December 17, 1979.
    (2) El Dorado County APCD.
    (i) Rule 104, submitted on May 23, 1979.

[42 FR 39664, Aug. 5, 1977]

    Editorial Note: For Federal Register citations affecting Sec. 
52.236, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.237  Part D disapproval.

    (a) The following portions of the California SIP are disapproved 
because they do not meet the requirements of Part D of the Clean Air 
Act.
    (1) The ozone and CO attainment demonstrations for the South Coast 
Air Basin. No major stationary source, or major modification of a 
stationary source, of carbon monoxide or volatile organic compounds may 
be constructed in the South Coast Air Basin unless the construction 
permit application is complete on or before August 30, 1988.
    (2) The ozone attainment demonstration for Ventura County. No major 
stationary source, or major modification of a stationary source, of 
volatile organic compounds may be constructed in the Ventura County 
nonattainment area unless the construction permit application is 
complete on or before November 4, 1988.
    (3) The ozone attainment demonstration for the Sacramento AQMA. No 
major stationary source, or major modification of a stationary source, 
of volatile organic compounds may be constructed in the Sacramento 
nonattainment area unless the construction permit application is 
complete on or before January 3, 1989.
    (4) The ozone attainment demonstration for the Fresno County APCD.
    (5) The ozone attainment demonstration for the Kern County APCD.
    (6) The attainment assessment, motor vehicle emissions budgets, and 
Reasonably Available Control Measure (RACM) portions of the San 
Francisco Bay Area Ozone Attainment Plan for the 1-Hour National Ozone 
Standard, June 1999.

[46 FR 5979, Jan. 21, 1981, as amended at 48 FR 53118, Nov. 25, 1983; 50 
FR 35798; Sept. 4, 1985; 53 FR 1781, Jan. 22, 1988; 53 FR 39088, Oct. 5, 
1988; 53 FR 48537, Dec. 1, 1988; 55 FR 9878, 9880, Mar. 16, 1990; 56 FR 
2853, Jan. 25, 1991; 66 FR 48347, Sept. 20, 2001]



Sec. 52.238  Commitment to undertake rulemaking.

    (a) The Administrator shall undertake rulemaking, after the South 
Coast mobile source public consultative process, to promulgate any VOC 
and NOX mobile source controls which are determined to be 
appropriate for EPA and needed for ozone attainment in the Los Angeles-
South Coast Air Basin Area.
    (b) [Reserved]

[62 FR 1187, Jan. 8, 1997]



Sec. 52.239  Alternate compliance plans.

    (a) Alternative compliance plans (bubble plans) developed under the 
District rules listed below must be submitted to EPA by the State of 
California as SIP revisions. The emission limits contained in the 
District rule will continue to be enforceable by EPA and private 
citizens under sections 113 and 304(a) of the Act until the alternative 
compliance plans are approved by EPA for inclusion in the SIP.
    (1) Bay Area AQMD.
    (i) Rule 4 of Regulation 8, submitted on February 7, 1980.
    (b) Alternative compliance plans (bubble plans) developed under the 
District rules listed below are considered the applicable requirements 
in the SIP which are enforceable by EPA and private citizens under 
section 113 and 304(a) of the Act. Alternative compliance plans must be 
submitted to EPA after their approval by the District. The District 
rules do not apply to or supersede the conditions that a source must 
meet under nonattainment or PSD permit programs, new source performance 
standards, or national emission standards for hazardous air pollutants.
    (1) Bay Area AQMD.
    (i) Rules 11, 13 and 19 of Regulation 8, submitted on February 7, 
1980.

[47 FR 11870, Mar. 19, 1982]

[[Page 313]]



Sec. 52.240  Compliance schedules.

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

[[Page 314]]

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

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


[37 FR 19814, Sept. 22, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.240, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.241  Inspection and maintenance program.

    (a) [Reserved]
    (b) Approval. On June 5, 2009, the California Air Resources Board 
submitted a revision to the California Motor Vehicle Inspection and 
Maintenance Program (2009 I/M Revision) to satisfy the requirements for 
basic and enhanced motor vehicle inspection and maintenance (I/M) in 
applicable ozone nonattainment areas. On October 28, 2009, the 
California Air Resources Board amended the 2009 I/M Revision to include 
revised enhanced performance program evaluations for six nonattainment 
areas. Approved elements of the 2009 I/M Revision, as amended on October 
28, 2009, include a discussion of each of the required design elements 
of the I/M program; description of the current geographic coverage of 
the program; I/M-related statutes and regulations; enhanced I/M 
performance standard evaluations for the urbanized areas within six 
California ozone nonattainment areas (South Coast Air Basin, San Joaquin 
Valley, Sacramento Metro,

[[Page 315]]

Coachella Valley, Ventura County, and Western Mojave Desert); basic I/M 
performance standard evaluation for the urbanized area within the San 
Francisco Bay Area ozone nonattainment area; and emission analyzer 
specifications and test procedures, including BAR-97 specifications. The 
2009 I/M Revision, as amended on October 28, 2009, meets the 
requirements of sections 182(a)(2)(B) and 182(c)(3) of the Clean Air 
Act, as amended in 1990, and 40 CFR part 51, subpart S and is approved 
as a revision to the California State Implementation Plan.

[75 FR 38026, July 1, 2010]



Sec. 52.242  Disapproved rules and regulations.

    (a) The following Air Pollution Control District rules are 
disapproved because they do not meet the requirements of section 110 of 
the Clean Air Act.
    (1) South Coast Air Quality Management District.
    (i) Rule 1623, Credits for Lawn and Garden Equipment, submitted on 
August 28, 1996 and adopted on May 10, 1996.
    (ii) Rule 118, Emergencies, submitted on May 21, 1998.
    (iii) Rule 1175, ``Control of Emissions from the Manufacturing of 
Polymeric Cellular (Foam) Products,'' submitted on March 7, 2008 and 
adopted on September 7, 2007.
    (2) Antelope Valley Air Pollution Control District.
    (i) Rule 118, Emergencies, submitted on March 10, 1998.
    (3) Imperial County Air Pollution Control District.
    (i) Rule 401, Opacity of Emissions submitted on May 26, 2000. Rule 
401 submitted on June 9, 1987, is retained.
    (4) San Joaquin Valley Unified Air Pollution Control District.
    (i) Rule 4101, Visible Emissions, submitted on December 6, 2001 and 
adopted on November 15, 2001.
    (5) Kern County Air Pollution Control District.
    (i) Rule 203, Transfer, submitted on July 23, 1996 and amended on 
May 2, 1996. Rule 203, submitted on June 30, 1972, is retained.
    (6) Monterey Bay Unified Air Pollution Control District
    (i) Rule 400, Visible Emissions, submitted on March 7, 2008. Rule 
400 submitted on January 15, 2004, is retained.

[65 FR 10717, Feb. 29, 2000, as amended at 66 FR 49297, Sept. 27, 2001; 
67 FR 62385, Oct. 7, 2002; 69 FR 1273, Jan. 8, 2004; 72 FR 63110, Nov. 
8, 2007; 75 FR 25778, May 10, 2010; 75 FR 37730, June 30, 2010]



Sec. 52.243  Interim approval of the Carbon Monoxide plan for the South Coast.

    The Carbon Monoxide plan for the Los Angeles-South Coast Air Basin 
is approved as meeting the provisions of sections 171(1), 172(c)(2), and 
187(a)(7) for quantitative milestones and reasonable further progress, 
and the provisions of section 187(a)(7) for attainment demonstration. 
This approval expires on August 7, 1998, or earlier if by such earlier 
date the State has submitted as a SIP revision a demonstration that the 
carbon monoxide emission reduction credits for the enhanced motor 
vehicle inspection and maintenance program are appropriate and that the 
program is otherwise in compliance with the Clean Air Act and EPA takes 
final action approving that revision, as provided by section 348(c) of 
the National Highway System Designation Act (Public Law 104-59).

[63 FR 19662, Apr. 21, 1998]



Sec. 52.244  Motor vehicle emissions budgets.

    (a) Approval of the motor vehicle emissions budgets for the 
following ozone rate-of-progress and attainment SIPs will apply for 
transportation conformity purposes only until new budgets based on 
updated planning data and models have been submitted and EPA has found 
the budgets to be adequate for conformity purposes.
    (1) Antelope Valley, approved January 8, 1997;
    (2) Coachella, approved January 8, 1997;
    (3) Kern, approved January 8, 1997;
    (4) Mojave, approved January 8, 1997;
    (5) Sacramento, approved January 8, 1997;
    (6) South Coast, approved April 10, 2000;
    (7) Ventura, approved January 8, 1997.
    (b) Approval of the motor vehicle emissions budgets for the 
following

[[Page 316]]

ozone maintenance SIP will apply for transportation conformity purposes 
only until new budgets based on updated planning data and models have 
been submitted and EPA has found the budgets to be adequate for 
conformity purposes.
    (1) Monterey, approved January 17, 1997.
    (2) [Reserved]
    (c) Approval of the motor vehicle emissions budgets for the 
following carbon monoxide maintenance SIPs will apply for transportation 
conformity purposes only until new budgets based on updated planning 
data and models have been submitted and EPA has found the budgets to be 
adequate for conformity purposes.
    (1) Bakersfield, approved March 31, 1998;
    (2) Chico, approved March 31, 1998;
    (3) Fresno, approved March 31, 1998;
    (4) Lake Tahoe-North, approved March 31, 1998;
    (5) Lake Tahoe-South, approved March 31, 1998;
    (6) Modesto, approved March 31, 1998;
    (7) Sacramento, approved March 31, 1998;
    (8) San Diego, approved March 31, 1998;
    (9) San Francisco Bay Area, approved March 31, 1998;
    (10) Stockton, approved March 31, 1998.
    (d) Approval of the motor vehicle emissions budgets for the 
following nitrogen dioxide maintenance SIP will apply for transportation 
conformity purposes only until new budgets based on updated planning 
data and models have been submitted and EPA has found the budgets to be 
adequate for conformity purposes.
    (1) South Coast, approved on July 24, 1998.
    (2) [Reserved]
    (e) Approval of the motor vehicle emissions budgets for the 
following PM-10 reasonable further progress and attainment SIPs will 
apply for transportation conformity purposes only until new budgets 
based on updated planning data and models have been submitted and EPA 
has found the budgets to be adequate for conformity purposes.
    (1) South Coast, approved April 18, 2003.
    (2) Coachella Valley, approved April 18, 2003.

[67 FR 69146, Nov. 15, 2002, as amended at 68 FR 19317, 19319, Apr. 18, 
2003]



Sec. 52.245  [Reserved]



Sec. 52.246  Control of dry cleaning solvent vapor losses.

    (a) For the purpose of this section, ``dry cleaning operation'' 
means that process by which an organic solvent is used in the commercial 
cleaning of garments and other fabric materials.
    (b) This section is applicable in the Metropolitan Los Angeles, 
Sacramento Valley, and San Joaquin Valley Intrastate Air Quality Control 
Regions (the ``Regions''), as described in 40 CFR part 81, dated July 1, 
1979, except as follows:
    (1) In the following portions of the Sacramento Valley Region, this 
section is rescinded:
    (i) Sacramento County APCD.
    (ii) Placer County APCD (Mountain Counties Air Basin portion).
    (iii) Yuba County APCD.
    (iv) Sutter County APCD.
    (2) In the following portions of the Metropolitan Los Angeles 
Intrastate Region, this section is rescinded:
    (i) Ventura County APCD.
    (3) In the following portions of the San Joaquin Valley Intrastate 
Region, this section is rescinded:
    (i) San Joaquin County APCD.
    (ii) Stanislaus County APCD.
    (iii) Tulare County APCD.
    (iv) Fresno County APCD.
    (c) Any dry cleaning establishment that uses solvents containing 4 
percent or more by volume of any reactive organic material listed under 
paragraphs (k) (1), (2), and (3) of Sec. 52.254 except 
perchloroethylene or any saturated halogenated hydrocarbon shall reduce 
the emissions of the discharged organics by 90 percent by use of 
activated carbon adsorption, or other appropriate means, not later than 
January 1, 1975.
    (d) If incineration is used as a control technique, 90 percent or 
more of the carbon in the organic compounds being

[[Page 317]]

incinerated must be oxidized to carbon dioxide.

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



Sec. Sec. 52.247-52.251  [Reserved]



Sec. 52.252  Control of degreasing operations.

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

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



Sec. 52.253  Metal surface coating thinner and reducer.

    (a) All terms defined in Sec. 52.254 are used herein with the 
meanings so defined.
    (b) This section is applicable in the Metropolitan Los Angeles, San 
Diego, Sacramento Valley, San Joaquin Valley, and San Francisco Bay Area 
Intrastate Air Quality Control Regions (the ``Regions''), as described 
in 40 CFR part 81, dated July 1, 1979, except as follows:
    (1) In the following portions of the Sacramento Valley Intrastate 
Region, this section is either fully rescinded or partially rescinded 
subject to the conditions specified as follows:
    (i) Sacramento County APCD.
    (ii) Placer County APCD (Mountain Counties Air Basin portion).
    (iii) This section is rescinded for metal parts and products coaters 
which are subject to and in full compliance with Yolo-Solano County Rule 
2.25 submitted on February 25, 1980.
    (iv) Yuba County APCD.
    (v) Sutter County APCD.
    (2) In the following portions of the Metropolitan Los Angeles 
Intrastate Region, this section is either fully rescinded or partially 
rescinded subject to the conditions specified as follows:
    (i) This section is fully rescinded for the Ventura County APCD.
    (ii) This section is rescinded for magnet wire insulators, can and 
coil coaters, metal parts coaters, and auto assembly line coaters which 
are subject to and in full compliance with Rules 1107, 1115, 1125, and 
1126 in the South Coast AQMD.
    (iii) This section is rescinded for metal parts coaters that are 
subject to and in full compliance with Rule 330 submitted on October 18, 
1979, in the Santa Barbara County APCD.
    (3) In the following portions of the San Joaquin Valley Intrastate 
Region, this section is rescinded for certain sources subject to the 
conditions specified:
    (i) This section is rescinded for metal parts and products coaters 
which are subject to and in full compliance with Kern County Rule 410.4, 
submitted on October 15, 1979.
    (ii) This section is rescinded for metal parts and products coaters 
which are subject to and in full compliance with Madera County APCD's 
Rule 410.4 submitted on October 10, 1980.
    (iii) This section is rescinded for metal parts and products coaters 
which are subject to and in full compliance with Merced County Rule 
409.4 submitted on October 10, 1980.

[[Page 318]]

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

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



Sec. 52.254  Organic solvent usage.

    (a) This section is applicable in the Sacramento Valley, San 
Francisco Bay Area, and San Joaquin Valley Intrastate Air Quality 
Control Regions (the ``Regions''), as described in 40 CFR part 81, dated 
July 1, 1979, except as follows:
    (1) In the following portions of the San Joaquin Valley Region, only 
the hourly emission limitations contained in paragraphs (b), (c), and 
(d) of this section are in effect; the following paragraphs, needed for 
interpretation are also in effect: Paragraphs (e) through (l) and (o) 
through (q) of this section. In addition, this section is entirely 
rescinded for specific operations for some of the counties noted below:
    (i) This section is rescinded entirely for metal parts and products 
coaters which are subject to and in full compliance with Rule 409.4 for 
the Fresno County APCD, Rule 410.4 for the Kings County APCD, Rule 410.4 
for the Madera County APCD, Rule 409.4 for the Merced County APCD, Rule 
409.4 for the San Joaquin County APCD, Rule 409.4 for the Stanislaus 
County APCD, and Rule 410.4 for the Tulare County APCD.
    (ii) Kern County APCD. This section is rescinded entirely for metal 
parts

[[Page 319]]

and product coaters which are subject to and in full compliance with 
Rule 410.4.
    (iii) Fresno County APCD.
    (iv) San Joaquin County APCD.
    (v) Madera County APCD.
    (vi) Merced County APCD.
    (2) In the following portions of the San Joaquin Valley Region, only 
the hourly emission limitations contained in paragraphs (b), (c), and 
(d) of this section and the architectural coatings and solvent disposal 
emission limitations contained in paragraphs (m) and (n) of this section 
are in effect; the following paragraphs, needed for interpretation and 
enforcement of these emission limitations, are also in effect: 
Paragraphs (e) through (l) and (o) through (q) of this section.
    (i) Kings County APCD.
    (3) In the following portions of the Sacramento Valley Region, this 
section is rescinded:
    (i) Sacramento County APCD.
    (ii) Yolo-Solano APCD.
    (iii) Shasta County APCD.
    (iv) Placer County APCD (Mountain Counties Air Basin portion).
    (v) Yuba County APCD.
    (vi) Sutter County APCD.
    (vii) El Dorado County (Mountain Counties Air Basin portion).
    (4) This section is rescinded for the San Francisco Bay Area 
Intrastate Region except for paragraph (d), which is retained until 
December 31, 1982 for sources constructed prior to October 2, 1974. The 
following paragraphs, needed for interpretation and enforcement of 
paragraph (d) are also in effect: Paragraphs (e) through (l) and (o) 
through (q) of this section.
    (5) In the following portions of the Sacramento Valley Intrastate 
Region, paragraph (m) of this section is rescinded.
    (i) Butte County APCD.
    (ii) Sutter County APCD.
    (b) No person shall discharge into the atmosphere more than 15 
pounds of organic materials in any 1 day or more than 3 pounds in any 1 
hour from any article, machine, equipment, or other contrivance in which 
any organic solvent or any material containing organic solvent comes 
into contact with flame or is baked, heat-cured, or heat-polymerized in 
the presence of oxygen, unless said discharge has been reduced by at 
least 85 percent. Those portions of any series of articles, machines, 
equipment, or other contrivances designed for processing continuous web, 
strip, or wire that emit organic materials in the course of using 
operations described in this section shall be collectively subject to 
compliance with this section.
    (c) A person shall not discharge to the atmosphere more than 40 
pounds of organic materials in any 1 day or more than 8 pounds in any 1 
hour from any article, machine, equipment, or other contrivance used 
under conditions other than those described in paragraph (b) of this 
section for employing or applying any photochemically reactive solvent, 
as defined in paragraph (k) of this section, or material containing such 
photochemically reactive solvent, unless said discharge has been reduced 
by at least 85 percent. Emissions of organic materials into the 
atmosphere resulting from air- or heated-drying of products for the 
first 12 hours after their removal from any article, machine, or other 
contrivance described in this section shall be included in determining 
compliance with this paragraph. Emissions resulting from baking, heat-
curing, or heat-polymerizing as described in paragraph (b) of this 
section shall be excluded from determination of compliance with this 
section. Those portions of any series of articles, machines, equipment, 
or other contrivances designed for processing a continuous web, strip, 
or wire that emit organic materials in the course of using operations 
described in this section shall be collectively subject to compliance 
with this section.
    (d) A person shall not, after August 31, 1976, discharge into the 
atmosphere more than 3,000 pounds of organic materials in any 1 day or 
more than 450 pounds in any 1 hour from any article, machine, equipment, 
or other contrivance in which any non-photochemically reactive organic 
solvent or any material containing such a solvent is employed or 
applied, unless said discharge has been reduced by at least 85 percent. 
Emissions of organic materials into the atmosphere resulting from air- 
or heated-drying of products for the first 12 hours after their

[[Page 320]]

removal from any article, machine, equipment, or other contrivance 
described in this section shall be included in determining compliance 
with this section. Emissions resulting from baking, heat-curing, or 
heat-polymerizing as described in paragraph (b) of this section shall be 
excluded from determination of compliance with this section. Those 
portions of any series of articles, machines, equipment, or other 
contrivances designed for processing a continuous web, strip, or wire 
that emit organic materials in the course of using operations described 
in this section shall be collectively subject to compliance with this 
section.
    (e) Emissions of organic materials to the atmosphere from the 
cleaning with photochemically reactive solvent, as defined in paragraph 
(k) of this section, of any article, machine, equipment, or other 
contrivance described in paragraph (b), (c), or (d) of this section, 
shall be included with the other emissions of organic materials for 
determining compliance with this rule.
    (f) Emissions of organic materials into the atmosphere required to 
be controlled by paragraph (b), (c), or (d) of this section, shall be 
reduced by:
    (1) Incineration, provided that 90 percent or more of the carbon in 
the organic material being incinerated is oxidized to carbon dioxide, or
    (2) Adsorption, or
    (3) Processing in a manner determined by the Administrator to be not 
less effective than the methods outlined in paragraph (f) (1) or (2) of 
this section.
    (g) A person incinerating, adsorbing, or otherwise processing 
organic materials pursuant to this section shall provide, properly 
install and maintain in calibration, in good working order and in 
operation, devices as specified in the authority to construct or permit 
to operate, or as specified by the Administrator, for indicating 
temperatures, pressures, rates of flow, or other operating conditions 
necessary to determine the degree and effectiveness of air pollution 
control.
    (h) Any person using organic solvents or any materials containing 
organic solvents shall supply the Administrator upon request and in the 
manner and form prescribed by him, written evidence of the chemical 
composition, physical properties, and amount consumed for each organic 
solvent used.
    (i) The provisions of this section shall not apply to:
    (1) The manufacture of organic solvents, or the transport or storage 
of organic solvents or materials containing organic solvents.
    (2) The use of equipment for which other requirements are specified 
by rules or which are exempted from air pollution control requirements 
by applicable rules affecting the storage of petroleum products, 
effluent oil-water separators, and the transfer of gasoline.
    (3) The spraying or other employment of insecticides, pesticides, or 
herbicides.
    (4) The employment, application, evaporation, or drying of saturated 
halogenated hydrocarbons or perchloroethylene.
    (5) The use of any material in any article, machine, equipment, or 
other contrivance described in paragraph (b), (c), (d), or (e) of this 
section, if:
    (i) The volatile content of such materials consists only of water 
and organic solvent, and
    (ii) The organic solvents comprise not more than 20 percent by 
volume of said volatile content, and
    (iii) The volatile content is not photochemically reactive as 
defined in paragraph (k) of this section, and
    (iv) The organic solvent or any material containing organic solvent 
does not come into contact with flame.

This last stipulation applies only for those articles, machines, 
equipment, or contrivances that are constructed or modified after the 
effective date of this section.
    (6) The use of any material in any article, machine, equipment or 
other contrivance described in paragraph (b), (c), (d), or (e) of this 
section, if:
    (i) The organic solvent content of such material does not exceed 30 
percent by volume of said material; this to be effective until January 
1, 1977. After January 1, 1977, the organic solvent content of such 
material must not exceed 20 percent by volume of said material.

[[Page 321]]

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

Whenever any organic solvent or any constituent of an organic solvent 
may be classified from its chemical structure into more than one of the 
above groups of organic compounds, it shall be considered as a member of 
the most reactive chemical group, that is, that group having the least 
allowable percent of the total volume of solvents.
    (l) For the purpose of this section, organic materials are defined 
as chemical compounds of carbon excluding carbon monoxide, carbon 
dioxide, carbonic acid, metallic carbonates, and ammonium carbonate.
    (m) Architectural coatings and their use shall conform to the 
following requirements, on or before January 1, 1975:
    (1) A person shall not sell or offer for sale or use in the areas in 
which this section applies, in containers of 1-quart capacity or larger, 
any architectural coating containing photochemically reactive solvent, 
as defined in paragraph (k) of this section.
    (2) A person shall not employ, apply, evaporate, or dry in the areas 
in which this section applies, any architectural coating purchased in 
containers of 1-quart capacity or larger containing photochemically 
reactive solvent, as defined in paragraph (k) of this section.
    (3) A person shall not thin or dilute any architectural coating with 
a photochemically reactive solvent, as defined in paragraph (k) of this 
section.
    (4) For the purpose of this section, an architectural coating is 
defined as a coating used for residential or commercial buildings and 
their appurtenances, or for industrial buildings.
    (n) A person shall not during any one day dispose of a total of more 
than 1.5 gallons of any photochemically reactive solvent as defined in 
paragraph (k) of this section, or of any material containing more than 
1.5 gallons of any such photochemically reactive solvent by any means 
that will permit the evaporation of such solvent into the atmosphere.
    (o) Compliance schedule. (1) Except where other final compliance 
dates are provided in this section, the owner or operator of any 
stationary source subject to this section shall comply with this section 
on or before March 31, 1974. In any event:
    (i) Any owner or operator in compliance with this section on the 
effective date of this section shall certify such compliance to the 
Administrator no later than 120 days following the effective date of 
this section.
    (ii) Any owner or operator who achieves compliance with this section 
after the effective date of this section shall certify such compliance 
to the Administrator within 5 days of the date compliance is achieved.

[[Page 322]]

    (p) Any owner or operator of a stationary source subject to 
paragraph (o)(1) of this section may, not later than 120 days following 
the effective date of this section, submit to the Administrator for 
approval a proposed compliance schedule that demonstrates compliance 
with the provisions in paragraph (o)(1) of this section as expeditiously 
as practicable but no later than July 31, 1975. The compliance schedule 
shall provide for increments of progress toward compliance. The dates 
for achievement of such increments of progress shall be specified. 
Increments of progress shall include, but not be limited to:

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

[38 FR 31249, Nov. 12, 1973]

    Editorial Note: For Federal Register citations affecting Sec. 
52.254, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.255  Gasoline transfer vapor control.

    (a) ``Gasoline'' means any petroleum distillate having a Reid vapor 
pressure of 4 pounds or greater.
    (b) This section is applicable in the Metropolitan Los Angeles and 
Sacramento Valley Intrastate Air Quality Control Regions, as described 
in 40 CFR part 81, dated July 1, 1979, with the following exceptions:
    (1) The control requirements of this section are limited to 
facilities with a total throughput less than 20,000 gallons per day, the 
refilling of delivery vessels at these facilities, and storage 
containers serviced by these facilities for those air pollution control 
districts identified below.
    (i) Ventura County APCD.
    (2) The control requirements of this section are rescinded in the 
following air pollution control districts.
    (i) South Coast AQMD.
    (ii) Santa Barbara County APCD.
    (iii) Placer County APCD (Mountain Counties Air Basin portion).
    (iv) Sacramento County APCD.
    (v) Yolo-Solano County APCD.
    (vi) Butte County APCD.
    (vii) Glenn County APCD.
    (viii) El Dorado County APCD (Mountain Counties Air Basin portion).
    (3) The control requirements of this section are rescinded in the 
following air pollution control districts:
    (i) South Coast AQMD.
    (ii)-(viii) [Reserved]
    (ix) Santa Barbara County APCD.
    (x) Placer County APCD (Mountain Counties Air Basin portion).
    (xi) Sacramento County APCD.
    (xii) Yolo-Solano County APCD.
    (xiii) Butte County APCD.
    (xiv) Glenn County APCD.
    (c) No person shall transfer gasoline from any delivery vessel into 
any stationary storage container with a capacity greater than 250 
gallons unless such container is equipped with a submerged fill pipe and 
unless the displaced vapors from the storage container are processed by 
a system that prevents release to the atmosphere of no less than 90 
percent by weight of organic compounds in said vapors displaced from the 
stationary container location.
    (1) The vapor recovery portion of the system shall include one or 
more of the following:
    (i) A vapor-tight return line from the storage container to the 
delivery vessel and a system that will ensure that the vapor return line 
is connected before gasoline can be transferred into the container.
    (ii) Refrigeration-condensation system or equivalent designed to 
recover no less than 90 percent by weight of the organic compounds in 
the displaced vapor.

[[Page 323]]

    (2) If a ``vapor-tight vapor return'' system is used to meet the 
requirements of this section, the system shall be so constructed as to 
be readily adapted to retrofit with an adsorption system, refrigeration-
condensation system, or equivalent vapor removal system, and so 
constructed as to anticipate compliance with Sec. 52.256.
    (3) The vapor-laden delivery vessel shall be subject to the 
following conditions:
    (i) The delivery vessel must be so designed and maintained as to be 
vapor-tight at all times.
    (ii) The vapor-laden delivery vessel may be refilled only at 
facilities equipped with a vapor recovery system or the equivalent, 
which can recover at least 90 percent by weight of the organic compounds 
in the vapors displaced from the delivery vessel during refilling.
    (iii) Facilities that do not have more than a 20,000 gallon per day 
throughput, and distribute less than 10% of daily volume to delivery 
vehicles that in turn service storage tanks that are required to have a 
vapor return or balance system, will not be required to comply with the 
provisions of paragraph (c) of this section before May 31, 1977. 
Facilities that service delivery vehicles that in turn deliver not more 
than 500,000 gallons per year to storage tanks that are required to 
comply with the provisions of paragraph (c) of this section will not be 
required to comply with the provisions of paragraph (c) of this section 
before January 1, 1977. Facilities that exclusively service storage 
tanks that do not have a required vapor return or balance system, will 
not be required to have a vapor recovery system.
    (iv) Gasoline storage compartments of 1,000 gallons or less in 
gasoline delivery vehicles presently in use on the promulgation date of 
this regulation will not be required to be retrofitted with a vapor 
return system until May 31, 1977.
    (v) Storage containers served by delivery vessels filled at 
distribution facilities with extended compliance dates will not be 
required to comply with the provisions of paragraph (c) of this section 
until May 31, 1977.
    (d) The provisions of paragraph (c) of this section shall not apply 
to the following:
    (1) Storage containers used primarily for the fueling of implements 
of husbandry, if such container is equipped by May 31, 1977 with a 
permanent submerged fill pipe, or at the time of installation for 
containers installed after this date.
    (2) Any storage container having a capacity of 2,000 gallons or less 
and installed prior to July 1, 1975, if such container is equipped with 
a permanent submerged fill pipe by May 31, 1977.
    (3) Transfer made to storage tanks equipped with floating roofs or 
their equivalent.
    (4) Storage containers installed after July 1, 1975 in Kings County.
    (5) Storage containers installed after January 1, 1975 in Madera 
County.
    (e) Compliance schedule:
    (1) June 1, 1974--Submit to the Administrator a final control plan, 
which describes at a minimum the steps that will be taken by the source 
to achieve compliance with the provisions of paragraph (c) of this 
section.
    (2) March 1, 1975--Negotiate and sign all necessary contracts for 
emission control systems, or issue orders for the purchase of component 
parts to accomplish emission control.
    (3) May 1, 1975--Initiate on-site construction or installation of 
emission control equipment.
    (4) February 1, 1976--Complete on-site construction or installation 
of emission control equipment.
    (5) July 1, 1976--Assure final compliance with the provisions of 
paragraph (c) of this section.
    (6) Any owner or operator of sources subject to the compliance 
schedule in this paragraph shall certify to the Administrator, within 5 
days after the deadline for each increment of progress, whether or not 
the required increment of progress has been met.
    (f) Paragraph (e) of this section shall not apply:
    (1) To a source which is presently in compliance with the provisions 
of paragraph (c) of this section and which has

[[Page 324]]

certified such compliance to the Administrator by June 1, 1974. The 
Administrator may request whatever supporting information he considers 
necessary for proper certification.
    (2) To a source for which a compliance schedule is adopted by the 
State and approved by the Administrator.
    (3) To a source whose owner or operator submits to the 
Administrator, by June 1, 1974, a proposed alternative schedule. No such 
schedule may provide for compliance after March 1, 1976. If promulgated 
by the Administrator, such schedule shall satisfy the requirements of 
this section for the affected source.
    (g) Nothing in this section shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (e) of this section fails to 
satisfy the requirements of Sec. Sec. 51.261 and 51.262(a) of this 
chapter.
    (h) Any gasoline-dispensing facility subject to this section that 
installs a storage tank after the effective date of this section shall 
comply with the requirements of paragraph (c) of this section by March 
1, 1976 and prior to that date shall comply with paragraph (e) of this 
section as far as possible. Any facility subject to this section that 
installs a storage tank after March 1, 1976, shall comply with the 
requirements of paragraph (c) of this section at the time of 
installation.

[38 FR 31251, Nov. 12, 1973]

    Editorial Note: For Federal Register citations affecting Sec. 
52.255, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



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

tanks.

    (a) ``Gasoline'' means any petroleum distillate having a Reid vapor 
pressure of 4 pounds or greater.
    (b) This section is applicable in the Metropolitan Los Angeles and 
Sacramento Valley Intrastate Air Quality Control Regions, except as 
follows:
    (1) In the following portions of the Metropolitan Los Angeles 
Intrastate Region, this section is rescinded.
    (i) South Coast AQMD.
    (ii) Santa Barbara County APCD.
    (2) In the following portions of the San Joaquin Valley Intrastate 
Region, this section is rescinded.
    (i) Kings County APCD.
    (3) In the following portion of the Sacramento Valley Intrastate 
Region, this section is rescinded.
    (i) Sacramento County APCD.
    (ii) El Dorado County APCD (Mountain Counties Air Basin portion).
    (iii) Placer County APCD (Mountain Counties Air Basin portion).
    (c) A person shall not transfer gasoline to an automotive fuel tank 
from a gasoline dispensing system unless the transfer is made through a 
fill nozzle designed to:
    (1) Prevent discharge of hydrocarbon vapors to the atmosphere from 
either the vehicle filler neck or dispensing nozzle;
    (2) Direct vapor displaced from the automotive fuel tank to a system 
wherein at least 90 percent by weight of the organic compounds in 
displaced vapors are recovered; and
    (3) Prevent automotive fuel tank overfills or spillage on fill 
nozzle disconnect.
    (d) The system referred to in paragraph (c) of this section can 
consist of a vapor-tight vapor return line from the fill nozzle/filler 
neck interface to the dispensing tank or to an adsorption, absorption, 
incineration, refrigeration-condensation system or its equivalent.
    (e) Components of the systems required by paragraph (c) of Sec. 
52.255 can be used for compliance with paragraph (c) of this section.
    (f) If it is demonstrated to the satisfaction of the Administrator 
that it is impractical to comply with the provisions of paragraph (c) of 
this section as a result of vehicle fill neck configuration, location, 
or other design features for a class of vehicles, the provisions of this 
paragraph shall not apply to such vehicles. However, in no case shall 
such configuration exempt any gasoline dispensing facility from 
installing and using in the most effective manner a system required by 
paragraph (c) of this section.
    (g) Compliance schedule:
    (1) January 1, 1975--Submit to the Administrator a final control 
plan, which describes at a minimum the

[[Page 325]]

steps that will be taken by the source to achieve compliance with the 
provisions of paragraph (c) of this section.
    (2) March 1, 1975--Negotiate and sign all necessary contracts for 
emission control systems, or issue orders for the purchase of component 
parts to accomplish emission control.
    (3) May 1, 1975--Initiate on-site construction or installation of 
emission control equipment. Compliance with the requirements of 
paragraph (c) of this section shall be as soon as practicable, but no 
later than specified in paragraphs (g) (4) and (5)of this section.
    (4) May 1, 1977--Complete on-site construction or installation of 
emission control equipment or process modification.
    (5) May 31, 1977--Assure final compliance with the provisions of 
paragraph (c) of this section.
    (6) Any owner or operator of sources subject to the compliance 
schedule in this paragraph (g) shall certify to the Administrator, 
within 5 days after the deadline for each increment of progress, whether 
or not the required increment of progress has been met.
    (h) Paragraph (g) of this section shall not apply:
    (1) To a source which is presently in compliance with the provisions 
of paragraph (c) of this section and which has certified such compliance 
to the Administrator by January 1, 1975. The Administrator may request 
whatever supporting information he considers necessary for proper 
certification.
    (2) To a source for which a compliance schedule is adopted by the 
State and approved by the Administrator.
    (3) To a source whose owner or operator submits to the 
Administrator, by June 1, 1974, a proposed alternative schedule. No such 
schedule may provide for compliance after May 31, 1977. If promulgated 
by the Administrator, such schedule shall satisfy the requirements of 
this section for the affected source.
    (i) Nothing in this section shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (g) of this section fails to 
satisfy the requirements of Sec. Sec. 51.261 and 51.262(a) of this 
chapter.
    (j) Any gasoline dispensing facility subject to this section that 
installs a gasoline dispensing system after the effective date of this 
section shall comply with the requirements of paragraph (c) of this 
section by May 31, 1977, and prior to that date shall comply with 
paragraph (g) of this section as far as possible. Any facility subject 
to this section that installs a gasoline dispensing system after May 31, 
1977, shall comply with the requirements of paragraph (c) of this 
section at the time of installation.

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



Sec. Sec. 52.257-52.262  [Reserved]



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

    (a) Definitions:
    (1) ``Carpool'' means a vehicle containing three or more persons.
    (2) ``Bus/carpool lane'' means a lane on a street or highway open 
only to buses (or to buses and carpools), whether constructed especially 
for that purpose or converted from existing lanes.
    (3) ``Preferential treatment'' for any class of vehicles, means 
either the setting aside of one traffic lane for the exclusive use of 
such vehicles or other measures (for example, access metering or setting 
aside the entire street), which the Administrator finds would be at 
least equal in VMT reduction effect to the establishment of such a lane.
    (b) This regulation is applicable in the Metropolitan Los Angeles 
Intrastate Air Quality Control Region (the ``Region'').
    (c) On or before May 31, 1974, the State of California, through the 
State Department of Transportation or through other agencies to which 
legal authority has been delegated, shall establish the following system 
of bus/carpool lanes.
    (1) Ventura/Hollywood Corridor--a concurrent flow exclusive bus/
carpool lane from Topanga Canyon Boulevard, Woodland Hills (U.S. 101) to 
junction of the Hollywood Freeway, and

[[Page 326]]

contraflow on the Hollywood Freeway (U.S. 101) from the junction with 
Ventura Freeway in North Hollywood to Vermont Avenue, and bus 
preferential treatment on arterial surface streets from Vermont Avenue 
to the Los Angeles central business district (CBD).
    (2) Harbor Freeway Corridor--contraflow on Harbor Freeway 
(California 11) from vicinity of Pacific Coast Highway, in Wilmington, 
to junction of Santa Monica Freeway (I-10), then by surface street 
preferential treatment to LA/CBD.
    (3) Wilshire Corridor--surface street preferential bus treatment 
from vicinity of San Vincente Boulevard, to LA/CBD.
    (4) San Bernardino Freeway Corridor-Bus/carpool lane, either 
contraflow, or concurrent flow on San Bernardino Freeway from El Monte 
terminus of existing San Bernardino Freeway bus lane (I-10), to vicinity 
of Ontario Airport.
    (5) Priority Treatment in CBD--provide preferential treatment in CBD 
on surface streets to connect Wilshire and San Bernardino corridors.
    (d) On or before May 31, 1976, the State of California, through the 
State Department of Transportation or other agencies to which legal 
authority has been delegated, shall establish the following system of 
bus and bus/carpool lanes:
    (1) Contraflow lane on the Golden State Freeway (I-5) from junction 
of Ventura Freeway (California 134) in Los Angeles to San Bernardino 
Freeway (I-10).
    (2) Contraflow on Pasadena Freeway (California 11) from terminus in 
City of Pasadena to Hollywood Freeway (U.S. 101).
    (3) Contraflow on Pomona Freeway from San Gabriel Freeway (I-605) to 
Santa Ana Freeway (I-5).
    (4) Concurrent flow in San Diego Freeway (I-405) from Ventura 
Freeway (U.S. 101) in Sherman Oaks to Newport Freeway (California 55), 
Costa Mesa.
    (5) Concurrent flow on Long Beach Freeway (California 7) from Santa 
Ana Freeway (I-5), City of Commerce to San Diego Freeway (I-405), Long 
Beach.
    (6) Artesia Freeway (California 91) from Santa Ana Freeway (I-5) to 
Long Beach Freeway (California 7), Long Beach.
    (e) State III will include specific routes in other portions of the 
Region.
    (f) On or before December 31, 1973, the State of California shall 
submit to the Administrator a compliance schedule showing the steps it 
will take to establish the system of bus/carpool lanes required by 
paragraphs (c) and (d) of this section, with each schedule to include 
the following:
    (1) A schedule for the establishment of the lanes. The schedule for 
the lanes required by paragraph (d) of this section shall provide for 
the first such lane to be set aside no later than June 1, 1974.
    (2) Bus/carpool lanes must be prominently indicated by overhead 
signs at appropriate intervals and at each intersection of entry ramps.
    (3) Bus/carpool lanes must be prominently indicated by distinctive 
painted, pylon, or physical barriers.
    (4) Vehicles using a bus/carpool lane shall have the right of way 
when crossing other portions of the road to enter or leave such lanes.
    (5) At a minimum, the bus/carpool lanes so set aside shall operate 
from 6:30 a.m. to 9:30 a.m. and from 3:30 to 6:30 a.m. each weekday.
    (g) No deviation from the system of bus/carpool lanes required under 
paragraphs (c) and (d) of this section shall be permitted except upon 
application made by the State of California to the Administrator at the 
time of submittal of compliance schedules and approved by him, which 
application must contain a satisfactory designation of alternate routes 
for the establishment of such lanes.

[38 FR 31254, Nov. 12, 1973]



Sec. Sec. 52.264-52.268  [Reserved]



Sec. 52.269  Control strategy and regulations: Photochemical oxidants 

(hydrocarbons) and carbon monoxide.

    (a) The requirements of subpart G of this chapter are not met 
because the plan does not provide for attainment and maintenance of the 
national standards for photochemical oxidants (hydrocarbons) and carbon 
monoxide in the San Francisco Bay Area, San

[[Page 327]]

Diego, Sacramento Valley, San Joaquin Valley, and Southeast Desert 
Intrastate Regions by May 31, 1975.
    (b) The following regulatory changes represent a relaxation of 
previously submitted regulations, and an adequate control strategy 
demonstration has not been submitted showing that the relaxation would 
not interfere with the attainment and maintenance of the national 
standards for photochemical oxidants.
    (1) Mountain Counties Intrastate Region.
    (i) Calaveras County APCD.
    (A) The revocation of Rule 412, Organic Liquid Loading, is 
disapproved. Rule 412 submitted on June 30, 1972 and previously approved 
in 40 CFR 52.223 is retained.
    (B) The revocation of Rule 413, Effluent Oil Water Separators, is 
disapproved; and Rule 413 submitted on June 30, 1972 and previously 
approved in 40 CFR 52.223 is retained.
    (ii) Tuolumne County APCD.
    (A) The revocation of Rule 413, Organic Liquid Loading, is 
disapproved; and Rule 413 submitted on June 30, 1972 and previously 
approved in 40 CFR 52.223 is retained.
    (B) The revocation of Rule 414, Effluent Oil Water Separators, is 
disapproved; and Rule 414 submitted on June 30, 1972 and previously 
approved in 40 CFR 52.223 is retained.
    (C) The revocation of Rule 413, Organic Liquid Loadings, submitted 
February 10, 1977, is disapproved; and the previously approved Rule 413 
submitted on June 30, 1972 remains in effect.
    (D) The revocation of Rule 414, Effluent Oil Water Separators, 
submitted on February 10, 1977, is disapproved; and the previously 
approved Rule 414 submitted on June 30, 1972, remains in effect.
    (1-1) San Joaquin Valley Intrastate Region.
    (i) Stanislaus County APCD.
    (A) Rule 411.1, submitted on November 4, 1977, is disapproved. Rule 
411.1 submitted on April 21, 1976 remains in effect.
    (ii) Merced County APCD.
    (A) Rule 411.1, submitted on November 4, 1977, is disapproved. Rule 
411.1, submitted on August 2, 1976, remains in effect.
    (iii) Fresno County APCD.
    (A) Rules 411.1, Gasoline Transfer Into Vehicle Fuel Tanks, 
submitted on November 4, 1977, is disapproved; and Rule 411.1 submitted 
on April 21, 1976, and previously approved under 40 CFR 52.223, is 
retained.
    (iv) Tulare County APCD.
    (A) Section 412.1, Transfer of Gasoline Into Vehicle Fuel Tanks, 
submitted on October 13, 1977, is disapproved; and Section 412.1, 
submitted on April 21, 1976, and previously approved under 40 CFR 
52.223, is retained.
    (v) Madera County APCD.
    (A) Rule 412.1, Transfer of Gasoline Into Stationary Storage 
Containers, submitted on October 13, 1977, is disapproved; and Rules 
411, Gasoline Storage and 411.1, Transfer of Gasoline Into Stationary 
Storage Containers, submitted on June 30, 1972, and April 10, 1976, 
respectively, and previously approved under 40 CFR 52.223 are retained.
    (vi) San Joaquin County APCD.
    (A) Rule 411.2, Transfer of Gasoline Into Vehicle Fuel Tanks, 
submitted on November 4, 1977, is disapproved; and rule 411.2, submitted 
on February 10, 1976 and previously approved under 40 CFR 52.223, is 
retained.
    (2) Sacramento Valley intrastate region:
    (i) Sacramento County APCD.
    (A) Rule 13 submitted on November 4, 1977, is disapproved.
    (ii) Placer County APCD.
    (A) Rule 218, Architectural Coatings, adopted on May 20, 1985 and 
submitted to EPA on February 10, 1986 is disapproved. The version of 
this rule by the same number and title submitted on July 19, 1983 and 
approved by EPA on May 3, 1984 is retained.
    (iii) Sutter County APCD.
    (A) Rule 3.15, Architectural Coatings, adopted on October 15, 1985 
and submitted to EPA on February 10, 1986 is disapproved. The version of 
this rule by the same number and title submitted on January 1, 1981 and 
approved by EPA on May 3, 1982 is retained.
    (3) Southeast Desert Intrastate AQCR.
    (i) Los Angeles County APCD.
    (A) Regulation IV, rule 465, Vacuum Producing Devices or Systems, 
submitted on June 6, 1977, is disapproved.

[[Page 328]]

Rule 74 with the same title, submitted on June 6, 1977, is disapproved. 
Rule 69 with the same title, submitted on June 30, 1972 and approved 
under 40 CFR 52.223, is retained.
    (ii) Riverside County APCD.
    (A) Regulation IV, rule 465, Vacuum Producing Devices or Systems, 
submitted on June 6, 1977, is disapproved. Rule 74 with the same title, 
submitted on June 30, 1972 and approved under 40 CFR 52.223, is 
retained.
    (B) Rule 461, Gasoline Transfer and Dispensing, submitted November 
4, 1977, is disapproved. The version of this rule submitted on April 21, 
1977 (same number and title), which was previously approved in 40 CFR 
52.223, is retained.
    (iii) Antelope Valley APCD.
    (A) Rule 461, Gasoline Transfer and Dispensing, submitted on May 13, 
1999, is disapproved. The version of this rule submitted on January 31, 
1996 (same title and number), which was previously approved in 40 CFR 
52.220, is retained.
    (4) Great Basin Valleys Intrastate Region.
    (i) Great Basin Unified APCD.
    (A) Rule 418 submitted on November 4, 1977, is disapproved. Rule 418 
submitted on April 21, 1976 remains in effect.
    (B) Rule 419, Gasoline Loading into Stationary Tanks, submitted on 
June 22, 1978, is disapproved, and rule 419, submitted April 21, 1976, 
and previously approved in 40 CFR 52.223, is retained.
    (c) The following rules and regulations are disapproved because they 
represent a relaxation of promulgated EPA regulations, and an adequate 
control strategy demonstration has not been submitted showing that the 
relaxation would not interfere with the attainment and maintenance of 
the national standrds for photochemical oxidants:
    (1) Sacramento Valley Intrastate AQCR.
    (i) Yolo-Solano APCD.
    (A) Rules 2.21(b)(1), 2.21(b)(2), 2.21(b)(4), 2.21(b)(5) and 
2.21(b)(6), submitted on June 6, 1977.
    (d) Imperial County APCD Rule 415, Gasoline Loading from Tank Trucks 
and Trailers, submitted by the State on November 4, 1977 is approved as 
applicable to facilities installed after July 1, 1977. District Rule 
125, Gasoline Loading into Tank Trucks and Trailers and Rule 129, 
Gasoline loading into Tanks, submitted on February 21, 1972 and 
previously approved under 40 CFR 52.223 are retained as part of the 
State implementation plan, as applicable to facilities installed prior 
to July 1, 1977.
    (e) The emission reduction credits for the following control 
measures contained in Ventura County's 1982 Ozone nonattainment area 
plan, submitted by the Governor's designee on December 31, 1982, are 
disapproved since the control measures are of an intermittent and 
voluntary nature and are therefore not approvable under Sections 
110(a)(2)(F)(v) and 123 of the Clean Air Act: R-38/N-16, ``No Use Day''; 
R-39/N-17, ``No Drive Day''; R-40, ``No Spray Day''; R-41/N-18 
``Stationary Source Curtailments.''

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

    Editorial Note: For Federal Register citations affecting Sec. 
52.269, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.270  Significant deterioration of air quality.

    (a) With the exception of the areas listed in paragraph (b) of this 
section:
    (1) The requirements of Sections 160 through 165 of the Clean Air 
Act are not met in California.
    (2) The plan does not include approvable procedures for preventing 
the significant deterioration of air quality.
    (3) The provisions of Sec. 52.21 except paragraph (a)(1) are hereby 
incorporated and made a part of the applicable State plan for the State 
of California.
    (b) District PSD Plans. (1) The PSD rules for Sacramento County Air 
Pollution Control District are approved under Part C, Subpart 1, of the 
Clean Air Act. However, EPA is retaining authority to apply Sec. 52.21 
in certain cases. The provisions of Sec. 52.21 except paragraph (a)(1) 
are therefore incorporated and made a part of the State plan for 
California for the Sacramento County Air Pollution Control District for:

[[Page 329]]

    (i) Those cogeneration and resource recovery projects which are 
major stationary sources or major modifications under Sec. 52.21 and 
which would cause violations of PSD increments.
    (ii) Those projects which are major stationary sources or major 
modifications under Sec. 52.21 and which would either have stacks 
taller than 65 meters or would use ``dispersion techniques'' as defined 
in Sec. 51.1.
    (iii) Sources for which EPA has issued permits under Sec. 52.21, 
including the following permit and any others for which applications are 
received by June 19, 1985.

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

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

[50 FR 25419, June 19, 1985, as amended at 50 FR 30943, July 31, 1985; 
68 FR 11322, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003; 76 FR 48008, 
Aug. 8, 2011]



Sec. 52.271  Malfunction, startup, and shutdown regulations.

    (a) The following regulations are disapproved because they would 
permit the exemption of sources from the applicable emission limitations 
and

[[Page 330]]

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


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

    (9) Monterey Bay Unified APCD.
    (i) Rule 214, submitted on March 4, 1980.
    (ii) Rule 617, submitted on May 23, 1979.
    (10) Kern County APCD.
    (i) Rule 111, submitted on July 19, 1974.
    (11) Kings County APDC.
    (i) Rule 111, submitted on July 25, 1973, and Rule 111, submitted on 
July 30, 1972, and previously approved under 40 CFR 52.223.
    (ii) Rule 111, submitted on November 4, 1977.
    (12) Lake County APCD.
    (i) Chapter III, Article I, Section 500, and Article II, Sections 
510 and 511, submitted on February 10, 1977.
    (ii) Part VI, Sections 1 and 2, submitted on June 30, 1972, and 
previously approved under 40 CFR 52.223.
    (13) Los Angeles County APCD.
    (i) Rule 430, submitted on June 6, 1977.
    (14) Madera County APCD.
    (i) Rule 402(f), submitted on January 10, 1975, and Rule 110, 
submitted on June 30, 1972, and previously approved under 40 CFR 52.223.
    (ii) Rule 110, submitted on January 10, 1975.
    (15) Mariposa County APCD.
    (i) Rule 203(j), submitted on January 10, 1975, and Rule 4.3(g), 
submitted on February 21, 1972, and previously approved under 40 CFR 
52.223.
    (ii) Rule 404, submitted on June 6, 1977.
    (16) Mendocino County APCD.
    (i) Rule 540, submitted on November 10, 1976.
    (ii) Sections 1 and 2 of Part VI, submitted on February 21, 1972, 
and previously approved under 40 CFR 52.223 (37 FR 10842).
    (17) Merced County APCD.
    (i) Rule 109, submitted on August 2, 1976.
    (ii) Rule 109, submitted on June 30, 1972, and previously approved 
under 40 CFR 52.223 (37 FR 19812).
    (18) Nevada County APCD.
    (i) Rule 55(f), submitted on February 21, 1972, and previously 
approved under 40 CFR 52.223 (37 FR 10842).
    (19) Northern Sonoma County APCD.
    (i) Rule 540, submitted on November 10, 1976.
    (20) Placer County APCD.

[[Page 331]]

    (i) Rule 55(f), submitted on February 21, 1972, and previously 
approved under 40 CFR 52.223 (37 FR 10842).
    (ii) Rule 404, submitted on October 13, 1977.
    (21) Plumas County APCD.
    (i) Rule 203(j), submitted on January 10, 1975.
    (ii) Rule 404, submitted on June 6, 1977.
    (22) Riverside County APCD.
    (i) Rule 430, submitted on June 6, 1977.
    (23) San Bernardino County APCD.
    (i) Rule 430, submitted on June 6, 1977.
    (ii) Rule 55, submitted on February 21, 1972, and previously 
approved under 40 CFR 52.223 (37 FR 10842).
    (24) San Joaquin County APCD.
    (i) Rule 110, submitted on October 23, 1974, and Rule 110, submitted 
on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 
19812).
    (25) San Luis Obispo County APCD.
    (i) Rule 107, submitted on November 10, 1976.
    (ii) Rule 102, submitted on February 21, 1972, and previously 
approved under 40 CFR 52.223 (37 FR 10842).
    (26) Shasta County APCD.
    (i) Rule 3:10, submitted on July 19, 1974.
    (ii) Rule 3:10, submitted on June 30, 1972, and previously approved 
under 40 CFR 52.223 (37 FR 19812).
    (27) Sierra County APCD.
    (i) Rule 51, submitted on June 30, 1972, and previously approved 
under 40 CFR 52.223 (37 FR 19812), and Rule 203(j), submitted on January 
10, 1975, and previously approved under 40 CFR 52.223 (42 FR 23805).
    (ii) Rule 404, submitted on June 6, 1977.
    (28) Southern California APCD.
    (i) Rule 430, submitted on February 10, 1977.
    (29) Stanislaus County APCD.
    (i) Rule 110, submitted on June 30, 1972, and previously approved 
under 40 CFR 52.223 (37 FR 19812), and Rule 110, submitted on July 19, 
1974.
    (30) Tehama County APCD.
    (i) Rule 417, submitted on July 19, 1974.
    (ii) Rule 4:1g, submitted on June 30, 1972, and previously approved 
under 40 CFR 52.223 (37 FR 19812).
    (31) Trinity County APCD.
    (i) Rule 540, submitted on November 10, 1976.
    (ii) Rule 44, submitted on June 30, 1972, and previously approved 
under 40 CFR 52.223 (37 FR 19812).
    (32) Tulare County APCD.
    (i) Rules 111 and 402(f), submitted on November 10, 1976.
    (33) Tuolumne County APCD.
    (i) Rule 404, submitted on February 10, 1977, and Rule 402(f), 
submitted on June 30, 1972, and previously approved under 40 CFR 52.223.
    (34) Ventura County APCD.
    (i) Rule 32, submitted on July 19, 1974.
    (ii) Rule 32, submitted on June 30, 1972, and previously approved 
under 40 CFR 52.223 (37 FR 19812).
    (35) Yuba County APCD.
    (i) Rule 4.5, submitted on July 25, 1973.
    (b) The following regulations are disapproved since they lack 
explicit provisions to assure that that NAAQS will not be exceeded while 
equipment breakdown periods are in effect.
    (1) Fresno County APCD.
    (i) Rules 110(B), Variance Required, and 519, Emergency Variance, 
submitted on January 2, 1979.
    (2) Kern County APCD.
    (i) Rules 111 (b), Equipment Breakdown, and 519, Emergency Variance, 
submitted on January 2, 1979.
    (3) Modoc County APCD.
    (i) Rule 2:15, Breakdown Conditions; Emergency Variances, submitted 
on May 7, 1979.
    (4) Imperial County APCD.
    (i) Rule 111 (B), Equipment Breakdown, submitted on December 24, 
1979.
    (ii) Rule 517, Emergency Variance, submitted on December 24, 1979.
    (5) Butte County AQMD.
    (i) Rule 275, Reporting Procedures for Excess Emissions, submitted 
on May 10, 1996.
    (6) Shasta County AQMD.
    (i) Rule 3:10, Excess Emissions, submitted on May 10, 1996.
    (7) Monterey Bay Unified Air Pollution Control District.
    (i) Rule 214, Breakdown Condition, submitted on October 30, 2001.
    (c) The following regulations are disapproved because they exempt 
sources from applicable emissions limitations

[[Page 332]]

during malfunctions and/or fail to sufficiently limit startup and 
shutdown exemptions to those periods where it is technically infeasible 
to meet emissions limitations.
    (1) South Coast Air Quality Management District.
    (i) Rule 429, submitted on January 28, 1992.
    (d) The following regulations are disapproved because they merely 
describe how state agencies intend to apply their enforcement discretion 
and thus, if approved, the regulations would have no effect on the State 
Implementation Plan.
    (1) Antelope Valley AQMD.
    (i) Rule 430, Breakdown Provisions, submitted on February 16, 1999.
    (2) Kern County APCD.
    (i) Rule 111, Equipment Breakdown, submitted on July 23, 1996.
    (3) Mojave Desert AQMD.
    (i) Rule 430, Breakdown Provisions, submitted on January 24, 1995.

[43 FR 3277, Jan. 24, 1978]

    Editorial Note: For Federal Register citations affecting Sec. 
52.271, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.272  Research operations exemptions.

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

[42 FR 42226, Aug. 22, 1977]

    Editorial Note: For Federal Register citations affecting Sec. 
52.272, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.273  Open burning.

    (a) The following rules or portions of rules are disapproved because 
they contain exemptions to open burning (including open agricultural 
burning) prohibitions, that do not satisfy the requirements of section 
110 of the Clean Air Act:
    (1) Amador County APCD.
    (i) Rules 308 and 312, submitted on April 21, 1976.
    (ii) Rule 304, submitted on October 13, 1977.
    (iii) Rules 302(G) and 322, submitted on October 15, 1979.
    (2) Calaveras County APCD.
    (i) Rules 304 and 322, submitted on October 13, 1977.
    (3) Del Norte County APCD.
    (i) Rule 410(c)(2) and the following portions of Regulation 2: 
General prohibitions (all of page 1), paragraph (f) of Article I, 
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI, 
submitted on November 10, 1976.
    (4) El Dorado County APCD.
    (i) Rules 302(C), 304, 307, 319, and 322, submitted on November 4, 
1977.
    (ii) Rules 302 (C), 318, and 321, submitted on May 23, 1979.
    (5) Fresno County APCD.

[[Page 333]]

    (i) Rules 416.1(e)(1), (e)(3), and (e)(4), submitted on October 23, 
1974.
    (ii) Rule 416.1(c)(1), submitted on June 30, 1972, and previously 
approved under 40 CFR 52.223 (37 FR 19812).
    (6) Humboldt County APCD.
    (i) Rule 410(c)(2) and the following portions of Regulation 2: 
General prohibitions (all of page 1), paragraph (f) of Article I, 
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI, 
submitted on November 10, 1976.
    (ii) (A)-(C) [Reserved]
    (D) Rules 312 (B) and (C), and 401 (D.1) and (D.2).
    (7) Kern County APCD.
    (i) Rule 417(I)(A), submitted on November 10, 1976.
    (8) Madera County APCD.
    (i) Rules 416.1(e)(1), (e)(3), and (e)(4), submitted on January 10, 
1975.
    (ii) Rule 416.1(c)(1), submitted on June 30, 1972, and previously 
approved under 40 CFR 52.223 (37 FR 19812).
    (9) Mariposa County APCD.
    (i) Rules 302(C), 304, 319, and 322, submitted on June 6, 1977.
    (10) Mendocino County APCD.
    (i) Rule 410(c)(2) and the following portions of Regulation 2: 
General prohibitions (all of page 1), paragraph (f) of Article I, 
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI, 
submitted on November 10, 1976.
    (11) Merced County APCD.
    (i) Rule 416(h), submitted on August 2, 1976.
    (ii) Rules 416.1(III)(A), (V)(A), (V)(B), (V)(C), and (V)(D), 
submitted on August 2, 1976. (Rule 416.1(c)(2), submitted on June 30, 
1972, and previously approved, is retained. Rule 416.1(a)(1), submitted 
on June 30, 1972, and previously approved, is retained for the purpose 
of enforcing Rule 416.1(c)(2).)
    (12) Monterey Bay Unified APCD.
    (i) Rules 409(a), 409(a)(5), and 410(b)(1), submitted on January 10, 
1975.
    (13) Nevada County APCD.
    (i) Rules 302(C), 307, 314, and 322, submitted on April 10, 1975.
    (ii) Rules 304 and 319, submitted on June 6, 1977.
    (iii) Rule 307, submitted on October 15, 1979.
    (14) Northern Sonoma County APCD.
    (i) Rule 410(c)(2) and the following portions of Regulation 2: 
General prohibitions (all of page 1), paragraph (f) of Article I, 
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI, 
submitted on November 10, 1976.
    (15) Placer County APCD.
    (i) Rules 302(C), 302(G), 304, 307, 314, 319, and 322, submitted on 
October 13, 1977.
    (ii) Rules 303, 306, and 322, submitted on October 15, 1979.
    (16) Plumas County APCD.
    (i) Rule 314, submitted on January 10, 1975.
    (ii) Rules 302(C), 304, 307, 319, and 322, submitted on June 6, 
1977.
    (17) Sacramento County APCD.
    (i) Rule 96(a), submitted on November 10, 1976.
    (ii) Rule 96(a), submitted on November 4, 1977.
    (18) San Joaquin County APCD.
    (i) Rule 402(e), submitted on November 10, 1976.
    (ii) Rule 416.1(c)(1), submitted on June 30, 1972, and previously 
approved under 40 CFR 52.223 (37 FR 19812).
    (iii) Rules 416.1(D)(1) and (D)(2), submitted on October 23, 1974.
    (19) Santa Barbara County APCD.
    (i) Rules 40(4)(a) and 40(4)(1), submitted on July 25, 1973. (The 
analogous Rules 40(4)(a) and 40(4)(g), previously approved in the 
February 21, 1972 submittal, are retained.) Rule 40(4)(c), submitted on 
July 25, 1973, is also disapproved.
    (ii) Rule 22, submitted on January 22, 1974. (The analogous Rule 22, 
previously approved in the February 21, 1972 submittal, is retained.) 
Rules 24.1 and 24.2, submitted on January 22, 1974, are also 
disapproved.
    (20) Shasta County APCD.
    (i) Rule 2:6, sections (1)(b)(iii) (a, b, and d), (1)(c)(viii), 
2(c), 3(f), 4(e), 5(c), and 5(d). (Previously approved Rule 2:6, 
sections (2)(c), (3)(f), and (4)(e), submitted on July 19, 1974, are 
retained.)
    (21) Sierra County APCD.
    (i) Rules 302(C), 319, and 322, submitted on June 6, 1977.
    (22) Trinity County APCD.
    (i) Rule 410(c)(2) and the following portions of Regulation 2: 
General prohibitions (all of page 1), paragraph (f) of Article I, 
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI, 
submitted on November 10, 1976.
    (23) Tulare County APCD.

[[Page 334]]

    (i) Rule 402(e), submitted on November 10, 1976.
    (ii) Section 417(III)(A), submitted on June 30, 1972, and previously 
approved under 40 CFR 52.223 (37 FR 19812).
    (iii) Section 417.1(e)(1), (e)(3), and (e)(4), submitted on January 
10, 1975.
    (24) Tuolumne County APCD.
    (i) Rule 322, submitted on February 10, 1977.
    (25) Yolo-Solano APCD.
    (i) Rules 2.8(c) (4) and (5), 6.3, and 6.5(a), submitted on July 25, 
1973.
    (ii) Rules 6.1(a), (e)(6), and (g), submitted on January 10, 1975. 
(Rules 4.1 (a) and (g), submitted on February 21, 1972, and previously 
approved under 40 CFR 52.223, are retained.)
    (b) The following rules or portions of rules are disapproved because 
they relax the control on open burning (including agricultural burning) 
without accompanying analyses demonstrating that these relaxations will 
not interfere with the attainment and maintenance of the National 
Ambient Air Quality Standards:
    (1) Del Norte County APCD.
    (i) Regulation 2, Article I, paragraph (e), submitted on November 
10, 1976.
    (ii) Rule 410(c)(2), submitted on May 7, 1979.
    (2) Fresno County APCD.
    (i) Rule 416.1(c)(1), submitted on October 23, 1974.
    (ii) Rule 416.1(g), submitted on November 4, 1977.
    (3) Humboldt County APCD.
    (i) Regulation 2, Article I, paragraph (e), submitted on November 
10, 1976.
    (ii) Rule 410(c)(2), submitted on May 7, 1979.
    (4) Imperial County APCD.
    (i) Rule 422, submitted on November 4, 1977. (The requirements of 
Rule 115, submitted on February 21, 1972, and previously approved under 
40 CFR 52.223, are retained as applicable to the burning of wood waste.)
    (ii) Regulation VII (Rules 701 to 706), submitted on November 4, 
1977. (Regulation VII (Rules 200 to 206), submitted on July 25, 1973 and 
previously approved under 40 CFR 52.223, is retained.)
    (5) Kings County APCD.
    (i) Rules 416.1 and 417.1, submitted on November 4, 1977.
    (6) Lake County APCD.
    (i) Sections 435, 436, 1003, and 1200(A), submitted on February 10, 
1977.
    (ii) Section 435, submitted on January 2, 1979.
    (7) Los Angeles County APCD.
    (i) Rule 444, submitted on June 6, 1977. (Rules 57.1, 57.2, 57.3, 
and 57.4, submitted on June 30, 1972, and previously approved under 40 
CFR 52.223, are retained.)
    (8) Madera County APCD.
    (i) Rule 416.1(c)(1), submitted on January 10, 1975.
    (9) Mendocino County APCD.
    (i) Regulation 2, Article I, paragraph (e), submitted on November 
10, 1976.
    (ii) Rule 410(c)(2), submitted on May 7, 1979.
    (10) Merced County APCD.
    (i) Rule 416.1(I)(A)(2), submitted on August 2, 1976.
    (11) Northern Sonoma County APCD.
    (i) Regulation 2, Article I, paragraph (e), submitted on November 
10, 1976.
    (ii) Rule 410(c)(2), submitted on May 7, 1979.
    (12) San Bernardino County Desert APCD.
    (i) Rule 444 and the definition of ``Agricultural Burning'' in Rule 
102, submitted on November 4, 1977. (Rule 57, submitted on February 21, 
1972, and previously approved under 40 CFR 52.223, is retained.)
    (13) San Diego County APCD.
    (i) Rules 102(e) and 103(g), submitted on October 13, 1977.
    (14) San Luis Obispo County APCD.
    (i) Rule 501(B), submitted on November 10, 1976, and Rule 501(A)(7), 
submitted on November 4, 1977. (Previously approved Rule 115(2), 
submitted on February 21, 1972, is retained.)
    (15) Santa Barbara County APCD.
    (i) Rules 2(b), 40(3), and 40(4)(e), submitted on July 25, 1973. 
(Analogous Rules 2(b), 40(3), and 40(4)(c), submitted on February 21, 
1972, and previously approved, are retained.)
    (16) Shasta County APCD.
    (i) Rule 2:8, submitted on October 13, 1977. (Rule 2:8, submitted on 
July 19, 1974, and July 22, 1975, and previously approved, is retained.)
    (17) Siskiyou County APCD.
    (i) Rule 4.3(2), submitted on January 2, 1979.
    (18) Trinity County APCD.

[[Page 335]]

    (i) Regulation 2, Article I, paragraph (e), submitted on November 
10, 1976.
    (ii) Rule 410(c)(2), submitted on May 7, 1979.
    (19) Placer County APCD.
    (i) Rule 316, submitted on August 21, 1979.
    (ii) Rules 318 and 323, submitted on October 15, 1979.

[42 FR 41122, Aug. 15, 1977]

    Editorial Note: For Federal Register citations affecting Sec. 
52.273, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.274  California air pollution emergency plan.

    (a) Since the California Air Pollution Emergency Plan does not 
provide complete, implementable provisions for taking emission control 
actions necessary to prevent ambient pollutant concentrations from 
reaching significant harm levels, the requirements of subpart H of this 
chapter for Priority I and II areas are not met, except in the following 
areas:
    (1) South Coast Air Quality Management District (SCAQMD).
    (2) Sacramento County Air Pollution Control District.
    (3) Monterey Bay Unified APCD (MBUAPCD).
    (4) Santa Barbara Air Quality Management Area portion of the Santa 
Barbara County Air Pollution Control District.
    (5) Bay Area Air Quality Management District.
    (6) Ventura County Air Pollution Control District.
    (7) San Diego County APCD.
    (8) Los Angeles County Air Pollution Control District.
    (9) Riverside County Air Pollution Control District.
    (10) San Bernardino County Desert Air Pollution Control District.
    (11) Imperial County Air Pollution Control District.
    (12) Fresno County Air Pollution Control District.
    (13) Kern County Air Pollution Control District.
    (b) The requirements of subpart H of this chapter are met in the 
SCAQMD with the following exceptions: SCAQMD Regulation VII has no 
schedule to assure that the emission control actions are fully 
implementable; does not provide specific emission control actions for 
interdistrict coordination; has no provisions for nitrogen dioxide, 
particulate matter, and sulfur dioxide and particulate matter combined 
episodes; has no criteria or provisions to protect the eight-hour 
averaged carbon monoxide significant harm level; and has no provisions 
for implementation of abatement plans for stage 2 or 3 carbon monoxide 
or oxidant episodes that are attained without being predicted.
    (c) Regulation for prevention of air pollution emergency episodes--
plan scheduling, interdistrict coordination, episode criteria, and 
declaration.
    (1) The requirements of this paragraph are applicable in the SCAQMD.
    (2) The owner or operator of any governmental, industrial, business, 
or commercial activity listed in Rules 708.1 and 708.3 of Regulation VII 
of the SCAQMD, as revised on May 6, 1977, shall submit a Stationary 
Source Curtailment Plan and/or Traffic Abatement Plan to the 
Administrator within sixty days after the effective date of this 
paragraph.
    (3) The plans submitted pursuant to the requirements of this 
paragraph, shall be reviewed by the Administrator for approval or 
disapproval according to the following schedule:
    (i) For sources with emissions of hydrocarbons (HC) or nitrogen 
oxides (NOX) greater than or equal to 454 metric tons (500 
tons) per year, or for establishments employing 400 or more employees 
per shift, within 45 days after receipt.
    (ii) For sources with emissions of HC or NOX greater than 
or equal to 91 metric tons (100 tons) per year and less than 454 metric 
tons (500 tons) per year, or for establishments employing more than 200 
and less than 400 employees per shift, within 90 days after receipt.
    (iii) For sources or establishments other than those addressed in 
paragraphs (c)(3) (i) through (ii) of this section, within 180 days 
after receipt.
    (4) The owner or operator of an industrial, business, governmental 
or commercial establishment required to submit a plan by this paragraph 
shall be notified by the Administrator within thirty days after the plan 
has been

[[Page 336]]

evaluated if the plan is disapproved. Any plan disapproved by the 
Administrator shall be modified to overcome the disapproval and 
resubmitted to the Administrator within 30 days of the receipt of the 
notice of disapproval.
    (5) In the event specific sources or source areas within the SCAQMD 
are determined to significantly contribute to a declared air pollution 
episode in a nearby Air Pollution Control District, emission control 
actions specified in Regulation VII of the SCAQMD, as revised on May 6, 
1977, for that declared episode stage shall be taken in the SCAQMD to 
abate that episode.
    (6) For the purposes of this paragraph, the following episode 
criteria shall apply to carbon monoxide concentrations averaged over 
eight hours:
    (i) For stage 1, 15 parts per million.
    (ii) For stage 2, 30 parts per million.
    (iii) For stage 3, 40 parts per million.
    (7) The provisions of SCAQMD Regulation VII, as revised on May 6, 
1977, relating to carbon monoxide episodes averaged over 12 hours shall 
apply to carbon monoxide episodes averaged over 8 hours except that the 
Administrator shall provide for declaration, notification, source 
inspections, and termination of the episodes.
    (8) Whenever the Administrator has determined that the stage 2 or 3 
episode level for oxidant or carbon monoxide as specified in Rule 703 of 
Regulation VII of the SCAQMD, as amended May 6, 1977, is being attained 
or has been attained, and is predicted to remain at such level for 12 or 
more hours, or increase, or in the case of oxidant to reoccur within the 
next 24 hours, unless control actions are taken, the existence of the 
appropriate episode level and the location of the source-receptor areas 
shall be declared, and the actions specified in Rules 710(b)(1), 
710(b)(2), 711(b)(1), or 711(b)(2) shall be taken by the Administrator.
    (d) Regulation for prevention of air pollution emergency episodes--
nitrogen dioxide, particulate matter, and sulfur dioxide and particulate 
matter combined.
    (1) The requirements of this paragraph are applicable in the SCAQMD.
    (2) For the purposes of this regulation the following definitions 
apply:
    (i) ``Ppm'' means parts per million by volume.
    (ii) ``COH'' means coefficient of haze.
    (iii) ``Ugm\3\'' means micrograms per cubic meter.
    (iv) ``Administrator'' means the Administrator of the Environmental 
Protection Agency or his authorized representative.
    (v) ``Major National Holiday'' means a holiday such as Christmas, 
New Year's Day, or Independence Day.
    (vi) ``Source/Receptor Areas'' are defined for each episode 
occurrence based on air monitoring, geographical, and meteorological 
factors: Source area is that area in which contaminants are discharged 
and a receptor area is that area in which the contaminants accumulate 
and are measured.
    (vii) ``Air Contaminants'' means nitrogen dioxide, particulate 
matter, and/or sulfur dioxide and particulate matter combined.
    (3) For the purposes of this regulation, the following episode 
criteria shall apply:

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

    (4) Whenever the Administrator has determined that any episode level 
specified in paragraph (d)(3) of this section is being attained or has 
been attained, and is predicted to remain at such level for 12 or more 
hours, or increase, unless control actions are taken, the existence of 
the appropriate episode level

[[Page 337]]

and the location of the source-receptor areas shall be declared.
    (5) Whenever the available scientific and meteorological data 
indicate that any episode level declared by paragraph (d)(4) of this 
section is no longer occurring and is not predicted to immediately 
increase again to episode levels, such episode shall be declared 
terminated.
    (6) The following shall be notified by the Administrator whenever an 
episode is predicted, attained or terminated: (i) Public officials; (ii) 
persons operating any facility or activity named in paragraph (d)(8) of 
this section; (iii) public health, safety, and emergency agencies; (iv) 
news media.
    (7) Upon request of the Administrator, persons operating any 
facility or activity named in paragraph (d)(8) of this section shall 
install, properly maintain, and operate radio-receiving equipment with 
decoding device capable of receiving broadcasts of the declaration and 
termination of episodes required under this paragraph and instructions 
as to the actions to be taken.
    (8) Stationary source curtailment plans and traffic abatement plans 
shall be prepared by industrial, business, commercial, and governmental 
establishments as follows:
    (i) The owner or operator of any industrial, business, commercial, 
or governmental activity listed below shall submit to the Administrator 
plans to curtail operations causing stationary source air contaminants 
in such activity:
    (A) Petroleum refinery emitting 23 metric tons (25 tons) or more per 
year of air contaminants.
    (B) Metal-melting plant requiring molten metal temperatures in 
excess of 540 [deg]C (1,000 [deg]F) or metal-refining plant or metal-
smelting plant, in which a total of 1,135 kilograms (2,500 pounds) or 
more of metal are in a molten state at any one time or are poured in any 
1 hour.
    (C) Fossil fuel-fired electric generating facility having a total 
rated capacity of 50 megawatts or more.
    (D) Any facility or plant emitting 91 metric tons (100 tons) or more 
per year of air contaminants.
    (ii) The plans required by paragraph (d)(8)(i) of this section shall 
include the following:
    (A) A list of equipment which emits nitrogen oxides, particulate 
matter, and/or sulfur dioxide, including the SCAQMD permit number, the 
daily amount of air contaminants emitted, and a statement of the minimum 
time and recommended time to implement the abatement actions for each 
episode stage for the equipment listed and the percent reduction in 
emissions at each episode stage.
    (B) The total number of employees at the facility during each shift 
on a normal weekday and on a major national holiday.
    (C) The normal amount of electricity used on a normal weekday and on 
a major national holiday.
    (D) The actions to inform employees of the procedures to be taken in 
the event of an episode declaration.
    (E) The name and telephone numbers of the facility's episode action 
coordinator and alternate, who are responsible for implementation of the 
plan.
    (F) For stage 1 episodes:
    (1) The measures to voluntarily curtail equipment emitting air 
contaminants.
    (2) The measures to curtail or postpone electrically intensive 
industrial operations, where feasible.
    (3) The measures for electric utilities to import power from outside 
the basin to the extent feasible.
    (G) For stage 2 episodes:
    (1) The measures to curtail as much as possible, without upsetting 
production, equipment operations which emit air contaminants.
    (2) The measures to postpone operations which can be postponed until 
after the episode.
    (3) For fossil fuel-fired combustion sources, including electric 
utilities, with a heat input greater than 50 million BTU per hour:
    (i) The measures to burn natural gas.
    (ii) To the extent that natural gas is not available, the measures 
to burn fuel oil with a sulfur content of not more than 0.25 percent by 
weight or the measures to reduce air contaminant emissions to equivalent 
discharge. Any combustion source may be exempt from the provisions of 
this paragraph

[[Page 338]]

upon demonstration that fuel oil with the specified sulfur content is 
not available.
    (4) For electric utilities the measures, in addition to those in 
paragraph (d)(8)(ii)(F)(3) of this section, to:
    (i) Shift oil burning power generation to non-source areas to the 
maximum extent consistent with the public health, safety, and welfare.
    (ii) Shift oil burning power generation to combined cycle gas 
turbine generating equipment burning fuel oil containing less than 0.15 
percent sulfur to the maximum extent consistent with the public health, 
safety, and welfare.
    (5) For refineries and chemical plants the measures to be taken to 
reduce air contaminant emissions by 20 percent without jeopardizing the 
public health or safety, without causing an increase in the emissions of 
other air contaminants, withoutdamaging the equipment or without 
reducing production by more than 20 percent.
    (6) The measures in paragraph (d)(8)(ii)(F) of this section.
    (H) For stage 3 nitrogen dioxide episodes:
    (1) The measures for petroleum refineries to reduce emissions of 
nitrogen dioxide by 33 percent, without damaging the equipment or 
increasing the emissions of other air contaminants.
    (2) The measures in paragraph (d)(8)(ii)(G) of this section.
    (3) A list of equipment and the permit numbers of such equipment not 
operated on a major national holiday.
    (4) A statement as to whether or not the facility operates on a 
major national holiday.
    (I) For stage 3 particulate matter episodes:
    (1) The measures for petroleum refineries to reduce emissions of 
particulate matter by 33 percent, without damaging the equipment or 
increasing the emissions of other air contaminants.
    (2) The measures described in paragraph (d)(8)(ii)(G) of this 
section.
    (3) The measures for any facility or plant, except electrical 
generating facilities and petroleum refineries, normally emitting 91 
metric tons (100 tons) or more per year of particulate matter to 
eliminate such emissions by starting no new batches, by ceasing feed of 
new materials, and by phasing down as rapidly as possible without damage 
to the equipment.
    (4) The measures for metal melting, refining, or smelting plants to 
eliminate emissions of particulate matter by starting no new batches, by 
ceasing feed of new materials, and by phasing down as rapidly as 
possible without damage to the equipmen
    (J) For stage 3 sulfur dioxide and particulate matter combined 
episodes:
    (1) The measures described in paragraphs (d)(8)(ii) (G) and (I) of 
this section.
    (2) The measures for petroleum refineries to reduce emissions of 
sulfur dioxide by 33 percent, without damaging the equipment or 
increasing the emissions of other air contaminants.
    (3) The measures for any facility or plant, except electrical 
generating facilities and petroleum refineries, normally emitting 91 
metric tons (100 tons) or more per year of sulfur dioxide to eliminate 
such emissions by starting no new batches, by ceasing feed of new 
materials, and by phasing down as rapidly as possible without damage to 
the equipment.
    (K) An estimate of the resultant reduction in air contaminant 
emissions.
    (iii) The owner or operator of any industrial, business, commercial, 
or governmental activity listed below shall submit to the Administrator 
plans to curtail or cease operations causing air contaminants from 
vehicle use:
    (A) Operators of 50 or more fleet vehicles.
    (B) Industrial, business, commercial, or governmental establishments 
employing more than 100 persons per shift at one business address.
    (iv) The plans required by paragraph (d)(8)(iii) of this paragraph 
shall include the following:
    (A) The total number of employees at the facility during each shift 
on a normal weekday and on a major national holiday.
    (B) The number of motor vehicles and vehicle miles traveled for 
motor vehicles operated:
    (1) By the company on company business on a normal weekday and on a 
major national holiday.

[[Page 339]]

    (2) By employees commuting from home to the place of business on a 
normal weekday and on a major national holiday.
    (C) The number of parking spaces used on a normal weekday and on a 
major national holiday.
    (D) The minimum number of motor vehicles to be operated that are 
necessary to protect public health or safety.
    (E) The actions to inform employees of the procedures to be taken in 
the event of an episode declaration.
    (F) The name and telephone numbers of the facility's episode action 
coordinator and alternate, who are responsible for implementation of the 
plan.
    (G) For stage 1 episodes, the methods by which employers will 
encourage the utilization of car pools or otherwise reduce employee 
motor vehicle travel.
    (H) For stage 2 and 3 episodes, the measures within the reasonable 
control of the employer to reduce the number of vehicle miles driven by 
employees in commuting to and from work.
    (I) An estimate of the reduction in vehicle miles traveled as a 
result of the measures in this paragraph.
    (v) Each owner or operator required to submit a plan by this 
paragraph shall submit to the Administrator such plan within 60 days of 
the effective date of this paragraph.
    (vi) The plans submitted in accordance with the provisions of this 
paragraph shall be approved or disapproved by the Administrator 
according to the following schedule:
    (A) For sources with emissions of air contaminants greater than or 
equal to 454 metric tons (500 tons) per year, or for establishments 
employing 400 or more employees per shift, within 45 days after receipt.
    (B) For sources with emissions of air contaminants greater than or 
equal to 91 metric tons (100 tons) per year and less than 454 metric 
tons (500 tons) per year, or for establishments employing more than 200 
and less than 400 employees per shift, within 90 days after receipt.
    (C) For sources with emissions of air contaminants less than 91 
metric tons (100 tons) per year, or for establishments employing 100 to 
200 employees per shift, within 180 days after receipt.
    (vii) The owner or operator required to submit a plan by this 
paragraph shall be notified by the Administrator within 30 days after 
the plan has been evaluated if the plan is disapproved. Any plan 
disapproved by the Administrator shall be modified to
    (viii) A copy of the plan approved in accordance with the provisions 
of this paragraph shall be on file and readily available on the premises 
to any person authorized to enforce the provisions of this section.
    (9) The following actions shall be taken in the source and receptor 
areas upon declaration of a stage 1 episode:
    (i) The notifications required by paragraph (d)(6) of this section.
    (ii) The Administrator shall advise the public that those 
individuals with special health problems should follow the precautions 
recommended by their physicians and health officials.
    (iii) The Administrator shall advise school officials to cancel, 
postpone, or reschedule programs which require outdoor physical 
activity.
    (iv) The Administrator shall request the public to stop all 
unnecessary driving.
    (v) The Administrator shall request the public to operate all 
privately owned vehicles on a pool basis.
    (vi) Persons operating any facility or activity named in paragraph 
(d)(8) of this section shall implement the appropriate plans specified 
in paragraph (8) for the declared stage 1 episode and air 
contaminant(s).
    (10) The following actions shall be taken in the source and receptor 
areas upon declaration of a stage 2 episode:
    (i) The actions described in paragraphs (d)(9) (i) through (v) of 
this section.
    (ii) The Administrator shall request suspension of programs that 
involve physical exertion by participants using public parks or public 
recreational facilities located in receptor areas.
    (iii) The burning of combustible refuse shall be postponed until the 
episode has been terminated.
    (iv) The Administrator shall request the public to reduce the use of 
electricity by 10 percent.
    (v) Persons operating any facility or activity named in paragraph 
(d)(8) of

[[Page 340]]

this section shall implement the appropriate plans specified in 
paragraph (d)(8) of this section for the declared stage 2 episode and 
air contaminant(s).
    (11) The following actions shall be taken in the source and receptor 
areas upon declaration of a stage 3 episode:
    (i) The actions described in paragraphs (d)(10) (i) through (iii) of 
this section.
    (ii) The Administrator shall request the public to reduce the use of 
electricity by 40 percent.
    (iii) Persons operating any facility or activity named in paragraph 
(d)(8) of this section shall implement the appropriate plans specified 
in paragraph (d)(8) of this section for the declared stage 3 episode and 
air contaminant(s).
    (iv) For nitrogen dioxide, the general public, schools, industrial, 
business, commercial, and governmental activities throughout the 
District shall operate as though the day were a major national holiday.
    (v) For particulate matter and/or sulfur dioxide and particulate 
matter combined, the Administrator shall request the public to reduce as 
much as possible activities causing dust emissions including 
agricultural operations, off-road vehicle use, anddriving on unpaved 
roads. Construction and demolition operation shall be postponed until 
the episode has been terminated.
    (12) In the event specific sources or source areas within the SCAQMD 
are determined to significantly contribute to a declared air pollution 
episode in a nearby Air Pollution Control District, emission control 
actions specified in this paragraph for that declared episode stage 
shall be taken in the SCAQMD to abate that episode.
    (13) A source inspection plan shall be implemented by the 
Administrator upon the declaration of any episode stage.
    (14) The Administrator shall provide for daily acquisition of 
forecasts of atmospheric stagnation conditions during any episode stage 
and updating of such forecasts at least every 12 hours.
    (15) Any source that violates any requirement of this section shall 
be subject to enforcement action under section 113 of the Act.
    (16) All submittals or notifications required to be submitted to the 
Administrator by this section shall be sent to:

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

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

[[Page 341]]



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

    (4) The provisions of the Sacramento County Air Pollution Control 
District's Regulation IX, as submitted on November 4, 1977, relating to 
carbon monoxide episodes averaged over 1 hour shall apply to carbon 
monoxide episodes averaged over 4 and 8 hours except that the 
Administrator shall insure that declaration, notification, source 
inspections, and termination of such episodes will occur.
    (5) Stationary source curtailment plans shall be prepared by 
business, commercial, industrial, and governmental establishments as 
follows:
    (i) The owner or operator of any business, commercial, industrial, 
or governmental facility or activity listed below shall submit to the 
Administrator plans to curtail or cease operations causing stationary 
source air contaminants in such activity:
    (A) Stationary sources which can be expected to emit 100 tons or 
more per year of hydrocarbons or carbon monoxide.
    (ii) The plans required by paragraph (f)(5)(i)(A) of this section 
shall include the following information:
    (A) The information requested by Regulation IX, Rule 125, section d, 
as submitted to the EPA on November 4, 1977.
    (B) The total number of employees at the facility during each shift 
on a normal weekday.
    (C) The amount of energy (gas, fuel oil, and electricity) used on a 
normal weekday.
    (D) For first-stage episodes, the measures to voluntarily curtail 
equipment emitting air pollutants.
    (E) For second-stage episodes:
    (1) The measures to curtail, as much as possible, equipment 
operations that emit air pollutants specific to the type of episode and, 
in the case of oxidant episodes, the equipment operations that emit 
hydrocarbons.
    (2) The measures to postpone operations which can be postponed until 
after the episode.
    (F) For third-stage episodes:
    (1) A list of equipment, with permit numbers if applicable, which 
can be shut down without jeopardizing the public health or safety, and 
an estimate of the resultant reductions in air contaminant emissions.
    (2) A list of all equipment, with permit numbers if applicable, 
which must be operated to protect the public health or safety, and an 
estimate of the air contaminant emissions from such equipment.
    (iii) Copies of the stationary source curtailment plans approved in 
accordance with the provisions of this paragraph shall be on file and 
readily available on the premises to any person authorized to enforce 
the provisions of this paragraph.
    (6) The owner or operator of any governmental, business, commercial, 
or industrial activity or facility listed in paragraph (f)(5) of this 
section shall submit a stationary source curtailment plan to the 
Administrator within 60 days after promulgation of final rulemaking.
    (7) The plans submitted pursuant to the requirements of this 
paragraph shall be reviewed by the Administrator for approval or 
disapproval according to the following schedule:
    (i) For sources with emissions of hydrocarbons and carbon monoxide 
greater than or equal to 454 metric tons (500 tons) per year, within 45 
days after receipt.
    (ii) For sources with emissions of hydrocarbons and carbon monoxide 
greater than or equal to 91 metric tons (100 tons) per year and less 
than 454 metric tons (500 tons) per year, within 90 days after receipt.
    (iii) For sources with emissions of hydrocarbons and carbon monoxide 
less than 91 metric tons (100 tons) per year, within 180 days after 
receipt.
    (8) The owner or operator of any industrial, business, governmental, 
or commercial establishment required to submit a plan by this paragraph 
shall be notified by the Administrator within 30 days after the plan has 
been evaluated. Any plan disapproved by the Administrator shall be 
modified to overcome the disapproval and resubmitted to the 
Administrator within 30 days of receipt of the notice of disapproval.

[[Page 342]]

    (9) A source inspection plan shall be implemented by the 
Administrator upon the declaration of any episode stage, and the 
following facilities shall be inspected to ensure compliance:
    (i) Those sources covered under Rule 122, as submitted to the EPA on 
November 4, 1977, as appropriate.
    (10) The Administrator shall insure that forecasts of atmospheric 
stagnation conditions during any episode stage and updating of such 
forecasts are acquired.
    (11) Any source that violates any requirement of this regulation 
shall be subject to enforcement action under section 113 of the Clean 
Air Act.
    (12) All submittals or notifications required to be submitted to the 
Administrator by this regulation shall be sent to: Regional 
Administrator, Attn: Air and Hazardous Materials Division, Air Technical 
Branch, Technical Analysis Section (A-4-3) Environmental Protection 
Agency, 215 Fremont Street, San Francisco, CA 94105.
    (g) Regulation for the prevention of air pollution emergency 
episodes--Priority II particulate matter emergency episode contingency 
plan.
    (1) The requirements of this paragraph are applicable in the 
Sacramento County Air Pollution Control District.
    (2) For the purposes of this paragraph the following episode 
criteria shall apply:

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

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

[[Page 343]]

    (1) A list of equipment and the permit numbers of such equipment not 
operated on a major national holiday.
    (2) A statement as to whether or not the facility operates on a 
major national holiday.
    (ii) Indirect sources.
    (A) The total number of employees at the facility during each shift:
    (1) On a normal weekday.
    (2) On a major national holiday.
    (B) The number of motor vehicles and vehicle miles traveled for 
motor vehicles operated:
    (1) By the company, on company business, on a normal weekday and on 
a major national holiday.
    (2) By employees commuting between home and the place of business on 
a normal weekday and on a major national holiday.
    (C) The number of parking spaces:
    (1) Available.
    (2) Normally used on a weekday.
    (3) Normally used on a major national holiday.
    (D) The minimum number of motor vehicles to be operated that are 
necessary to protect the public health or safety.
    (E) For Third-Stage episodes, a statement as to whether or not the 
facility operates on a major national holiday.
    (iii) Each owner or operator required to submit a plan as specified 
under Rule 705(a) of Regulation VII shall submit such plans within 60 
days after promulgation of the final rulemaking.
    (iv) The plans submitted in accordance with the provisions of this 
paragraph shall be approved or disapproved by the Administrator within 
120 days after receipt.
    (v) Each owner or operator required to submit a plan as specified 
under Rule 705(a) of Regulation VII shall be notified within 90 days 
after the Administrator's decision.
    (vi) Any plan disapproved by the Administrator shall be modified to 
overcome this disapproval and resubmitted to the Administrator within 30 
days of the notice of disapproval.
    (vii) A copy of the plan approved in accordance with the provisions 
of this paragraph shall be on file and readily available on the premises 
to any person authorized to enforce the provisions of this section.
    (4) The following actions shall be implemented by the Administrator 
upon declaration of a Third-Stage oxidant episode: the general public, 
schools, industrial, business, commercial, and governmental activities 
throughout the MBUAPCD shall operate as though the day were a major 
national holiday.
    (5) The Administrator shall ensure the acquisition of forecasts of 
atmospheric stagnation conditions during any episode stage and updating 
of such forecasts.
    (j)-(o) [Reserved]
    (p) Regulation for prevention of air pollution emergency episodes--
requirements for stationary source curtailment plans and particulate 
matter episodes.
    (1) The requirements of this paragraph are applicable in the Los 
Angeles County, Riverside County, San Bernardino County Desert and 
Imperial County Air Pollution Control Districts.
    (2) For the purposes of this regulation, the following definitions 
apply:
    (i) ``Administrator'' means the Administrator of the Environmental 
Protection Agency or his authorized representative.
    (ii) ``ug/m\3\'' means micrograms per cubic meter.
    (iii) ``Major national holiday'' means a holiday such as Christmas 
or New Year's Day.
    (3) Stationary source curtailment plans shall be prepared by major 
stationary sources, as defined by section 169(1) of the Act:
    (i) The plans required by this paragraph shall include the following 
information:
    (A) The information requested in the California Air Resources 
Board's Criteria for Approval of Air Pollution Emergency Abatement Plans 
(Executive Order G-63).
    (B) The total number of employees at the facility during each work 
shift on a normal weekday and on a major national holiday.
    (C) The amount of energy (gas, fuel oil, and electricity) used on a 
normal weekday and on a major national holiday.
    (D) For first-stage episodes:
    (1) The measures to voluntarily curtail equipment emitting air 
pollutants.
    (E) For second-stage episodes:

[[Page 344]]

    (1) The measures to curtail, as much as possible, equipment 
operations that emit air pollutants specific to the type of episode and, 
in the case of oxidant episodes, the equipment operations that emit 
hydrocarbons and nitrogen oxides.
    (2) The measures to postpone operations which can be postponed until 
after the episode.
    (F) For third-stage episodes:
    (1) A list of equipment, with permit numbers if applicable, which 
can be shut down without jeopardizing the public health or safety, and 
an estimate of the resultant reductions in hydrocarbons, nitrogen 
oxides, and particulate matter emissions.
    (2) A list of all equipment, with permit numbers if applicable, 
which must be operated to protect the public health or safety, and an 
estimate of the hydrocarbons, nitrogen oxides and particulate matter 
emissions from such equipment.
    (4) A copy of the stationary source curtailment plan approved in 
accordance with the provisions of this paragraph shall be on file and 
readily available on the premises to any person authorized to enforce 
the provisions of this paragraph.
    (5) The owner or operator of any governmental, business, commercial, 
or industrial activity or facility listed in paragraph (p)(3) of this 
section shall submit a stationary source curtailment plan to the 
Administrator within 60 days after promulgation of final rulemaking.
    (6) The plans submitted pursuant to the requirements of this 
paragraph shall be reviewed by the Administrator within 90 days.
    (7) The owner or operator of any major stationary source required to 
submit a plan by this paragraph shall be notified by the Administrator 
within 30 days after the plan has been evaluated as to whether the plan 
has been approved or disapproved. Any plan disapproved by the 
Administrator shall be modified to overcome the disapproval and 
resubmitted to the Administrator within 30 days of receipt of the notice 
of disapproval.
    (8) All submittals or notifications required to be submitted to the 
Administrator by this regulation shall be sent to:

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

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

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

    (q) The requirements of Subpart H of this chapter are met in the 
Fresno County Air Pollution Control District, with the following 
exceptions: There are no episode criteria levels, declaration 
procedures, notification procedures, source inspection procedures, 
emission control actions, or episode termination procedures for carbon 
monoxide episodes based on 4- and 8-hour averaging times, or for 
particulate matter emergency episodes based on 24-hour averaging times; 
there is no time schedule to initiate the call for the submittal of 
individual abatement plans; the requirements for the content of the 
abatement plans are not sufficiently specific to ensure the adequate 
plans are submitted; there are no provisions for requiring abatement 
plans from operations which attract large numbers of motor vehicles with 
their related emissions; the Stage 3 photochemical oxidants (ozone) 
criterion level equals the Federal significant harm level; there are no 
provisions for adequate mandatory emission control actions.
    (r) Regulation for prevention of air pollution emergency episodes--
4- and 8-hour carbon monoxide criteria levels, mandatory emission 
control actions, preplanned abatement strategies, and a Priority I 
particulate matter emergency episode contingency plan.
    (1) The requirements of this paragraph are applicable in the Fresno 
County Air Pollution Control District.

[[Page 345]]

    (2) For the purposes of this regulation the following definitions 
apply:
    (i) ``Administrator'' means the Administrator of the Environmental 
Protection Agency or his authorized representative.
    (ii) ``ppm'' means parts per million by volume.
    (iii) ``[micro]g/m\3\'' means micrograms per cubic meter.
    (iv) ``Major national holiday'' means a holiday such as Christmas or 
New Year's Day.
    (3) For the purposes of this regulation, the following episode 
criteria shall apply to carbon monoxide episodes:

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

    (4) The provisions of the Fresno County Air Pollution Control 
District's Regulation VI, as submitted on October 23, 1974, relating to 
carbon monoxide episodes averaged over 1 hour shall apply to carbon 
monoxide episodes averaged over 4 and 8 hours except that the 
Administrator shall insure that declaration procedures, notification 
procedures, source inspections, and termination of such episodes occur.
    (5) Stationary source curtailment plans and traffic abatement plans 
shall be prepared by business, commercial, industrial, and governmental 
establishments in Fresno County as follows:
    (i) The owner or operator of any business, commercial, industrial, 
or governmental stationary source which can be expected to emit 100 tons 
or more per year of carbon monoxide, hydrocarbons, or particulate matter 
shall submit to the Administrator plans to curtail or cease operations 
causing stationary source air contaminants in such activity:
    (ii) The plans required by paragraph (r)(5)(i) of this section shall 
include the following information:
    (A) The information requested in the California Air Resources 
Board's ``Criteria for Approval of Air Pollution Emergency Abatement 
Plans'' (Executive Order G-63).
    (B) The total number of employees at the facility during each shift 
on a normal weekday and on a major national holiday.
    (C) The amount of energy (gas, fuel oil, and electricity) used on a 
normal weekday and on a major national holiday.
    (D) For first-stage episodes, the measures to voluntarily curtail 
equipment emitting air pollutants.
    (E) For second-stage episodes:
    (1) The measures to curtail, as much as possible, equipment 
operations that emit air pollutants specific to the type of episode and, 
in the case of oxidant episodes, the equipment operations that emit 
hydrocarbons or nitrogen oxides.
    (2) The measures to postpone operations which can be postponed until 
after the episode.
    (F) For third-stage episodes:
    (1) A list of equipment, with permit numbers if applicable, which 
can be shut down without jeopardizing the public health or safety, and 
an estimate of the resultant reductions in carbon monoxide, 
hydrocarbons, nitrogen oxides, and particulate matter emissions.
    (2) A list of all equipment, with permit numbers if applicable, 
which must be operated to protect the public health or safety, and an 
estimate of the carbon monoxide, hydrocarbons, nitrogen oxides, and 
particulate matter emissions from such equipment.
    (iii) The owner or operator of any industrial, business, commercial, 
or governmental facility or activity employing more than 100 persons per 
shift at any one business address shall submit to the Administrator 
plans to curtail or cease operations causing air contaminants from 
vehicle use.
    (iv) The plans required by paragraph (r)(5)(iii) of this section 
shall include the following information:
    (A) The information requested in the California Air Resources 
Board's ``Criteria for Approval of Air Pollution Emergency Abatement 
Plans'' (Executive Order G-63).
    (B) The total number of employees at the facility during each shift.
    (C) The total number of motor vehicles and vehicle miles traveled 
for motor vehicles operated:

[[Page 346]]

    (1) By the company on company business on a normal weekday and a 
major national holdiay.
    (2) By employees commuting between home and the place of business on 
a normal weekday and a major national holiday.
    (3) The minimum number of motor vehicles to be operated that are 
necessary to protect public health or safety.
    (6) A copy of the stationary source curtailment and/or traffic 
abatement plans approved in accordance with the provisions of this 
paragraph shall be on file and readily available on the premises to any 
person authorized to enforce the provisions of this paragraph.
    (7) The owner or operator of any governmental, business, commercial, 
or industrial activity or facility listed in paragraph (r)(5) of this 
section shall submit a stationary source curtailment plan and/or traffic 
abatement plan to the Administrator within 60 days after promulgation of 
final rulemaking.
    (8) The plans submitted pursuant to the requirements of this 
paragraph shall be reviewed by the Administrator for approval or 
disapproval according to the following schedule:
    (i) For sources with emissions of hydrocarbons, carbon monoxide, or 
particulate matter greater than or equal to 454 metric tons (500 tons) 
per year, or for establishments employing 400 or more employees per 
shift, within 45 days after receipt.
    (ii) For sources with emissions of hydrocarbons, carbon monoxide, or 
particulate matter greater than or equal to 91 metric tons (100 tons) 
per year and less than 454 metric tons (500 tons) per year, or for 
establishments employing more than 200 and less than 400 employees per 
shift, within 90 days after receipt.
    (iii) For establishments employing 100 to 200 employees per shift, 
within 180 days after receipt.
    (9) The owner or operator of any industrial, business, governmental 
or commercial establishment required to submit a plan by this paragraph 
shall be notified by the Administrator within 30 days after the plan has 
been evaluated as to whether the plan has been approved or disapproved. 
Any plan disapproved by the Administrator shall be modified to overcome 
the disapproval and resubmitted to the Administrator within 30 days of 
receipt of the notice of disapproval.
    (10) Any source that violates any requirement of this regulation 
shall be subject to enforcement action under section 113 of the Act.
    (11) All submittals or notifications required to be submitted to the 
Administrator by this regulation shall be sent to:

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

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

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

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

[[Page 347]]

Fresno County shall operate as though the day were a major national 
holiday.

[43 FR 22721, May 26, 1978]

    Editorial Note: For Federal Register citations affecting Sec. 
52.274, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.275  Particulate matter control.

    (a) The following rules or portions of rules are retained because 
they control emissions of particulate matter, and because there is no 
demonstration that their deletion would not interfere with the 
attainment and maintenance of the national standards for particulate 
matter:
    (1) Lake County APCD.
    (i) Part III-50 and Part V-1B, submitted on October 23, 1974, and 
previously approved under 40 CFR 52.223.
    (2) San Luis Obispo County APCD.
    (i) Rule 113, submitted on February 21, 1972, and previously 
approved under 40 CFR 52.223.
    (b) The following regulations are disapproved because they relax the 
control on particulate matter emissions without any accompanying 
analyses demonstrating that these relaxations will not interfere with 
the attainment and maintenance of the National Ambient Air Quality 
Standards.
    (1) Amador County APCD.
    (i) Rules 211 and 212, submitted on April 21, 1976. (Regulation V, 
Rules 13 and 14, submitted on June 30, 1972, and previously approved, 
are retained.)
    (ii) Rules 207 and 212, submitted on October 13, 1977. (The 
analogous Rules 10 and 14 of Regulation V, submitted on June 30, 1972, 
and previously approved, are retained and shall remain in effect for 
Federal enforcement purposes.)
    (2) Calaveras County APCD.
    (i) Rule 211, submitted on October 13, 1977. (Rule 211, submitted on 
July 22, 1975, and previously approved, is retained and shall remain in 
effect for Federal enforcement purposes.)
    (3) Del Norte County APCD.
    (i) Rules 410(c)(7) and 420(e), submitted on November 10, 1976.
    (ii) Rules 420(e) and (f), submitted on November 4, 1977.
    (4) El Dorado County APCD.
    (i) Rule 212, submitted on April 10, 1975, and Rule 211, submitted 
on August 2, 1976. (The analogous Rule 55, submitted on February 21, 
1972, and previously approved, is retained and shall remain in effect 
for Federal enforcement purposes.)
    (5) Humbolt County APCD.
    (i) Rules 410(c)(7) and 420(e), submitted on November 10, 1976.
    (ii) Rules 420(e) and (f), submitted on November 4, 1977.
    (6) Mariposa County APCD.
    (i) Rule 211, submitted on June 6, 1977. (Rule 211, submitted on 
January 10, 1975, and previously approved, is retained and shall remain 
in effect for Federal enforcement purposes.)
    (7) Mendocino County APCD.
    (i) Rule 410(c)(7), submitted on November 10, 1976.
    (ii) Rules 420(e) and (f), submitted on November 4, 1977.
    (8) Nevada County APCD.
    (i) Rule 212, submitted on April 10, 1975, and Rule 211, submitted 
on April 21, 1976. (Rule 52.1, submitted on June 30, 1972, and 
previously approved, is retained and shall remain in effect for Federal 
enforcement purposes.)
    (9) Northern Sonoma County APCD.
    (i) Rule 420(e), submitted on November 10, 1976.
    (ii) Rules 420(e) and (f), submitted on October 13, 1977.
    (10) Placer County APCD.
    (i) Rule 211, submitted on October 13, 1977. (The analogous Rule 61, 
submitted on June 30, 1972, and previously approved, is retained and 
shall remain in effect for Federal enforcement purposes.)
    (ii) Rules 202, 207, and 211, submitted on October 15, 1979; and 
Section 61, and Rules 202 and 207, previously approved in the June 30, 
1972, January 10, 1975, and October 13, 1977 submittals, are retained.
    (11) Plumas County APCD.
    (i) Rule 211, submitted on June 6, 1977. (The analogous Rule 211, 
submitted on January 10, 1975, and previously approved, is retained and 
shall remain in effect for Federal enforcement purposes.)
    (12) San Luis Obispo County APCD.
    (i) Rule 403, submitted on November 10, 1976.
    (13) Sierra County APCD.

[[Page 348]]

    (i) Rule 211, submitted on June 6, 1977. (The analogous Rule 211, 
submitted on January 10, 1975, and previously approved, is retained and 
shall remain in effect for Federal enforcement purposes.)
    (14) Trinity County APCD.
    (i) Rules 410(c)(7) and 420(e), submitted on November 10, 1976.
    (ii) Rules 420(e) and (f), submitted on November 4, 1977.
    (c) The following regulations are disapproved because they relax the 
control on visible emissions without any accompanying analyses 
demonstrating that these relaxations will not interfere with the 
attainment and maintenance of the National Ambient Air Quality Standards 
or any other applicable requirement of the Clean Air Act.
    (1) South Coast Air Quality Management District.
    (i) Rule 401, submitted on January 12, 1999.

[43 FR 25675, June 14, 1978]

    Editorial Note: For Federal Register citations affecting Sec. 
52.275, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.276  Sulfur content of fuels.

    (a) The following rules or portions of rules are disapproved since 
they represent a relaxation of previously submitted regulations and an 
adequate control strategy demonstration has not been submitted showing 
that the relaxation will not interfere with the attainment and 
maintenance of the National Ambient Air Quality Standards:
    (1) North Central Coast Intrastate Region:
    (i) Monterey Bay Unified APCD.
    (A) Rule 412(a)(8), Sulfur Content of Fuels, submitted on October 
23, 1974.
    (b) The deletion of the following rules from the State 
implementation plan is disapproved since their deletion represents a 
relaxation of the control strategy, and an adequate demonstration 
showing that the relaxation will not interfere with the attainment and 
maintenance of the national ambient air quality standards has not been 
submitted:
    (1) Southeast Desert Intrastate Region:
    (i) Imperial County APCD.
    (A) Rule 126, Sulfur Contents of Fuels, submitted on June 30, 1972 
and previously approved under 40 CFR 52.223.

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



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

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

[42 FR 56606, Oct. 27, 1977]



Sec. 52.278  Oxides of nitrogen control.

    (a) The following regulations are disapproved because they relax the 
control of nitrogen oxides emissions without an accompanying analysis 
demonstrating that this relaxation will not interfere with the 
attainment and maintenance of the National Ambient Air Quality 
Standards.

[[Page 349]]

    (1) South central coast intrastate AQCR.
    (i) San Luis Obispo County APCD.
    (A) Rule 405(A)(1), Nitrogen Oxides Emission Standards Limitations 
and Prohibitions submitted on November 10, 1976, is disapproved; and 
Rule 114(4), Gaseous Contaminants Oxides of Nitrogen submitted on 
February 21, 1972 and previously approved in 40 CFR 52.223, is retained.

[43 FR 34467, Aug. 4, 1978]



Sec. 52.279  Food processing facilities.

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

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



Sec. 52.280  Fuel burning equipment.

    (a) The following rules and regulations are disapproved because they 
relax the control on emissions from fuel burning equipment without any 
accompanying analyses demonstrating that these relaxations will not 
interfere with the attainment and maintenance of the National Ambient 
Air Quality Standards.
    (1) Mountain Counties Intrastate AQCR:
    (i) Amador County APCD.
    (A) Rules 209, submitted on April 21, 1976 and October 15, 1979, are 
disapproved; and Regulation V, Rule 19, previously approved in the June 
30, 1972 submittal, is retained.
    (B) Rule 210(B)(1), submitted on October 15, 1979, is disapproved; 
and Rules 11 and 210, previously approved in the June 30, 1972 and April 
21, 1976 submittals, are retained.
    (ii) Calaveras County APCD.
    (A) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on 
October 13, 1977, is disapproved; and Rule 408, Fuel Burning Equipment, 
previously approved in the June 30, 1972, submittal, is retained and 
shall remain in effect for Federal enforcement purposes.
    (iii) Tuolumne County APCD.
    (A) Rule 210, submitted on October 15, 1979, is disapproved; and 
Rule 407, previously approved in the June 30, 1972 submittal, is 
retained.
    (iv) Placer County APCD.
    (A) Rule 210, submitted on October 15, 1979, is disapproved, and 
Rule 210, previously approved in the October 13, 1977 submittal, is 
retained.
    (2) Sacramento Valley Intrastate AQCR:
    (i) Yolo-Solano APCD.
    (A) Rule 2.16, Fuel Burning Heat or Power Generators, submitted on 
July 19, 1974 is disapproved; and Rule 2.16, Fuel Burning Equipment, 
submitted on June 30, 1972 and previously approved as part of the SIP in 
40 CFR 52.223, is retained.
    (3) Southeast Desert Intrastate AQCR.
    (i) San Bernardino County Desert APCD.
    (A) Rule 474, Fuel Burning Equipment--Oxides of Nitrogen, submitted 
November 4, 1977, is disapproved. Rule 68 (same title) submitted June 
30, 1972 and approved in 40 CFR 52.223 is retained.
    (b) The deletion of the following rules or portions of rules from 
the State implementation plan is disapproved since their deletion 
represents a relaxation of the control strategy and an adequate 
demonstration showing that the relaxation will not interfere with the 
attainment and maintenance of the national ambient air quality standards 
has not been submitted:
    (1) Southeast Desert Intrastate Region:
    (i) Imperial County APCD.
    (A) Rule 131, Fuel Burning Equipment, submitted on February 21, 1972 
and previously approved under 40 CFR 52.223.
    (ii) San Bernardino County.

[[Page 350]]

    (A) Rule 67, Fuel Burning Equipment as applied to new sources. The 
emission limit of Rule 67 is retained and is applicable only to existing 
sources already granted a permit.
    (c) The emission limits of Rules 67 and 72 are partially retained, 
applicable only to (existing) sources granted permits prior to June 17, 
1981.
    (1) South Coast Air Quality Management District.
    (i) Rules 67, Fuel Burning Equipment, and 72, Fuel Burning 
Equipment, submitted on November 19, 1979.

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



Sec. 52.281  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met, because the plan does not include approvable procedures for 
protection of visibility in mandatory Class I Federal areas.
    (b) Regulations for visibility monitoring. The provisions of Sec. 
52.26 are hereby incorporated and made part of the applicable plan for 
the State of California.
    (c) Regulations for visibility new source review. The provisions of 
Sec. 52.27 are hereby incorporated and made part of the applicable plan 
for the State of California only with respect to:
    (1) Mendocino County air pollution control district,
    (2) Monterey County air pollution control district,
    (3) North Coast Unified air quality management district,
    (4) Northern Sonoma County air pollution control district, and
    (5) Sacramento County air pollution control district.
    (d) The provisions of Sec. 52.28 are hereby incorporated and made 
part of the applicable plan for the State of California, except for:
    (1) Monterey County air pollution control district, and
    (2) Sacramento County air pollution control district.
    (e) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of 
California.
    (f) Approval. On March 16, 2009, the California Air Resources Board 
submitted the ``California Regional Haze Plan'' (``CRHP''). The CRHP, as 
amended and supplemented on September 8, 2009 and June 9, 2010, meets 
the requirements of Clean Air Act section 169B and the Regional Haze 
Rule in 40 CFR 51.308.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45138, Nov. 24, 1987; 
76 FR 34611, June 14, 2011]



Sec. 52.282  Control strategy and regulations: Ozone.

    (a) Attainment determination. EPA has determined that the Ventura 
County 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 Ventura County severe 1-hour ozone nonattainment 
area is not subject to the requirements of section 185 of the Clean Air 
Act (CAA) for the 1-hour standard and that the State is not required to 
submit a SIP under Section 182(d)(3) of the CAA to implement a section 
185 program for the 1-hour standard in this area. In addition, the 
requirements of section 172(c)(9) (contingency measures) for the 1-hour 
standard do not apply to the area.
    (b) Approval. On December 19, 2007, the California Air Resources 
Board submitted a maintenance plan for the 1997 8-hour ozone NAAQS for 
the Monterey Bay Area as required by section 110(a)(1) of the Clean Air 
Act, as amended in 1990, and 40 CFR 51.905(a)(4). Elements of the 
section 110(a)(1) maintenance plan for ozone include a base year (2002) 
attainment emissions inventory for ozone, a demonstration of maintenance 
of the ozone NAAQS with projected emissions inventories through the year 
2014 for ozone, a plan to verify continued attainment, and a contingency 
plan. The maintenance plan meets the Federal requirements of Clean Air 
Act section 110(a)(1) and 40 CFR 51.905(a)(4) and is approved as a 
revision to the California State Implementation Plan for the above 
mentioned area.

[[Page 351]]

    (c) Determination of attainment. Effective January 4, 2010, EPA is 
determining that the Imperial County, California 8-hour ozone 
nonattainment area has attained the 1997 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 1997 ozone NAAQS is monitored in the Imperial 
County, California 8-hour ozone nonattainment area, this determination 
shall no longer apply.
    (d) Determinations that Certain Areas Did Not Attain the 1-Hour 
Ozone NAAQS. EPA has determined that the Los Angeles-South Coast Air 
Basin Area and the San Joaquin Valley Area extreme 1-hour ozone 
nonattainment areas did not attain the 1-hour ozone NAAQS by the 
applicable attainment date of November 15, 2010 and that the Southeast 
Desert Modified Air Quality Maintenance Area severe-17 1-hour ozone 
nonattainment area did not attain the 1-hour ozone NAAQS by the 
applicable attainment date of November 15, 2007. These determinations 
bear on the areas' obligations with respect to the one-hour ozone 
standard anti-backsliding requirements whose implementation is triggered 
by a determination of failure to attain by the applicable attainment 
date: section 172(c)(9) contingency measures for failure to attain and 
sections 182(d)(3) and 185 major stationary source fee programs.

[74 FR 25156, May 27, 2009, as amended at 74 FR 66921, Dec. 17, 2009; 74 
FR 63310, Dec. 3, 2009; 76 FR 82146, Dec. 30, 2011]



Sec. 52.283  Interstate Transport.

    (a) Approval. On November 16, 2007, the California Air Resources 
Board submitted the ``Interstate Transport State Implementation Plan 
(SIP) for the 1997 8-hour Ozone Standard and PM2.5 to satisfy 
the Requirements of Clean Air Act section 110(a)(2)(D)(i) for the State 
of California (September 21, 2007)'' (``2007 Transport SIP''). The 2007 
Transport SIP and the additional plan elements listed below meet the 
following specific requirements of Clean Air Act section 110(a)(2)(D)(i) 
for the 1997 8-hour ozone and 1997 PM2.5 NAAQS (``1997 
standards'').
    (1) The requirements of section 110(a)(2)(D)(i)(II) regarding 
interference with other states' measures to protect visibility for the 
1997 standards are met by chapter 3 (Emissions Inventory), chapter 4 
(California 2018 Progress Strategy), and chapter 8 (Consultation) of the 
``California Regional Haze Plan,'' adopted January 22, 2009.
    (2) The requirements of CAA section 110(a)(2)(D)(i)(I) regarding 
significant contribution to nonattainment of the 1997 standards in any 
other State and interference with maintenance of the 1997 standards by 
any other State.
    (3) The requirements of section 110(a)(2)(D)(i)(II) regarding 
interference with any other state's measures required under title I, 
part C of the Clean Air Act to prevent significant deterioration of air 
quality, except that these requirements are not fully met in the Air 
Pollution Control Districts (APCDs) or Air Quality Management Districts 
(AQMDs) listed in ths paragraph.

(i) Amador County APCD
(ii) Butte County AQMD
(iii) Calaveras County APCD
(iv) Feather River AQMD
(v) Northern Sierra AQMD
(vi) Mariposa County APCD
(vii) Tuolumne County APCD
(viii) North Coast Unified AQMD
(ix) All other areas in California that are subject to the Federal PSD 
    program as provided in 40 CFR 52.270.
    (b) [Reserved]

[76 FR 34611, June 14, 2011, as amended at 76 FR 34876, June 15, 2011; 
76 FR 48006, Aug. 8, 2011]



                           Subpart G_Colorado



Sec. 52.320  Identification of plan.

    (a) Title of plan: ``Air Quality Implementation Plan for State of 
Colorado''.
    (b) The plan was officially submitted on January 26, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Request for legal authority submitted February 14, 1972, by the 
Governor.

[[Page 352]]

    (2) Request for 110(e) extensions submitted March 20, 1972, by the 
Governor.
    (3) Statements by State Air Pollution Control Commission (APCC) 
related to public inspection of emission data, emergency episodes, and 
transportation control submitted May 1, 1972, by the APCC. (Non-
regulatory)
    (4) List of sources under compliance schedules submitted May 1, 
1972, by the State Department of Health.
    (5) Transportation Control Plans submitted June 4, 1973, by the 
Governor.
    (6) Statements relating to transportation control plans submitted 
July 16, 1973, by the Governor. (Non-regulatory)
    (7) Plan revisions submitted November 21, 1973, by the Governor 
which delete Section III of Regulation No. 1 only as it relates to 
existing sources in Appendix P concerning SO2.
    (8) On June 7, 1974, the Governor submitted five Air Quality 
Maintenance Area designations.
    (9) Supplemental information about the Air Quality Maintenance Areas 
was submitted by the Governor on January 29, 1975.
    (10) Procedural rules for all proceedings before the Air Pollution 
Control Commission, submitted May 5, 1977, by the Governor.
    (11) On January 2, 1979, the Governor submitted the nonattainment 
area plan for all areas designated nonattainment as of March 3, 1978. 
EPA is taking no action on areas for which the Governor has requested 
redesignations (Larimer-Weld TSP and ozone; El Paso County ozone).
    (i) Regulation 9, ``Trip Reduction,'' previously approved on October 
5, 1979, and now deleted without replacement.
    (12) Extension request for attainment of CO and O3 was 
submitted by the Governor on January 5, 1979.
    (13) On July 5, 1979, the governor submitted the Air Pollution 
Control Commission's final comment on our May 11, 1979, proposal. This 
included a clarification that the ``No-Drive Day'' was not part of the 
State Implementation Plan and transportation control measures schedules 
for Larimer-Weld.
    (14) On July 18, 1979, the Commission committed to revising 
Regulation 7.
    (15) On July 23, 1979, the Governor submitted House Bill 1090 and 
Senate Bill 1 as part of the plan.
    (16) On July 27, 1979, the Governor submitted the Denver Regional 
Council of Governments schedules for implementing the transportation 
control strategies, and clarified that the Transportation Development 
Plan was part of the plan.
    (17) On March 4, 1980, the Governor submitted a plan revision to 
meet the requirements of Air Quality Monitoring 40 CFR part 58, subpart 
C, Sec. 58.20.
    (18) On May 29, 1980, the Governor submitted written evidence of the 
State's legal authority to implement and enforce an automobile emissions 
control program as well as schedules for implementing that program and a 
demonstration that it will achieve a 25% reduction in exhaust emissions 
by 1987.
    (19) On January 22 and February 6, 1980 the Governor submitted 
schedules for the implementation of transportation control measures for 
Denver and Larimer-Weld elements of the State Implementation Plan, 
respectively.
    (20) On April 21, 1980, the Governor submitted a plan revision to 
meet the data reporting requirements of section 127 of the Clean Air 
Act.
    (21) On June 22, 1980, the Governor submitted the following amended 
rules:

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

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

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

    (23) On August 25, 1980, the Governor of Colorado submitted a site 
specific revision to the State Implementation Plan for Coors Container 
Corporation, Paper Packaging Division, in regard to alternative volatile 
organic compound emissions reduction for its printing presses.
    (24) Provisions to meet the requirements of sections 110 and 172 of 
the Clean Air Act, as amended in 1977, regarding control of Group II VOC

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sources were submitted on January 6, 1981, and the supplemental 
information received on August 20, 1981.
    (25) On December 29, 1980, the Governor submitted the following 
rule: Regulation No. 11, covering procedures for garage licensing 
(including mechanic testing and licensing), equipment requirements 
(including standards and specifications for exhaust gas analyzers), 
requirements for inspections, and emission standards as part of the 
Colorado motor vehicle inspection program.
    (26) On March 23, 1981, the Governor submitted revised regulations 
limiting sulfur dioxide emissions from certain oil shale production 
facilities.
    (27) On April 12, 1982, the Governor submitted the plan revisions to 
show attainment of the lead National Ambient Air Quality Standard.
    (28) Regulation Number 7 is part of the plan.
    (29) Provisions to meet the requirements of Part D of the Clean Air 
Act for carbon monoxide in Colorado Springs, Fort Collins, and Greeley 
and ozone in Denver were submitted on June 24, 1982, and supplemented by 
information submitted on May 4, 1983,by the Colorado Air Quality Control 
Commission.
    (30) Revisions to Air Pollution Control Commission Regulation No. 1 
related to fugitive particulate emissions, were submitted by the 
Governor on June 22, 1982; on December 6, 1982; and on March 23, 1983, 
with a technical clarification dated August 5, 1982. Included is 
approval of requirements for continuous emission monitoring (CEM) of 
sulfur dioxide on fossil fuel fired steam generator with greater than 
250 million BTU per hour heat input. Also addressed is the reinstatement 
of the 40% opacity limitation for wigwam waste-wood burners into 
Regulation No. 1. With this is the addition of operation and maintenance 
(O&M) requirements to promote improved operation of the wigwam burners.
    (i) Incorporation by reference. (A) Emission Control Regulations for 
Particulates, Smokes and Sulfur Oxides for the State of Colorado, 
Regulation No. 1.II (Smoke and Opacity); III (Particulates); IV 
(Continuous Emission Monitoring Requirements for Existing Sources; VII 
(Statements of Basis and Purpose); and Appendices A and B; which were 
effective on May 30, 1982.
    (B) Colorado Air Quality Control Commission Common Provisions 
Regulation which was effective on May 30, 1982.
    (C) Letter of August 5, 1982, from the State of Colorado to EPA. 
Clarification of the SIP Re: Continuous Emission Requirements for Oxides 
of Sulfur from Fossil Fueled Steam Generators.
    (31) Revisions to Air Pollution Control Commission Regulation No. 11 
related to the Colorado Inspection and Maintenance (I/M) program for 
exhaust emission inspection of motor vehicles, submitted by the Governor 
on December 10, 1984.
    (32) Revisions to Air Pollution Control Commission Regulation No. 1, 
section II.A.6 and III.C.2 (a) and (b), submitted by the Governor on 
April 9, 1985.
    (i) Incorporation by reference. (A) Revisions to Air Pollution 
Control Commission Regulation No. 1, ``Emission Control Regulation for 
Particulates, Smokes, and Sulfur Oxides for the State of Colorado,'' 
sections II.A.6 and III.C.2 (a) and (b), effective March 2, 1985.
    (33) A revision to Regulation No. 4, ``Regulation on the Sale of New 
Woodstoves'', to control emissions from new woodstoves was submitted by 
the Governor on October 24, 1986.
    (i) Incorporation by reference. (A) Colorado Air Quality Control 
Commission Regulation No. 4, ``Regulation on the Sale of New 
Woodstoves'' (Section III.A., E., F., G. and Section VI.B. and C.) 
adopted June 27, 1985.
    (34) [Reserved]
    (35) Colorado Air Pollution Control Commission Regulation No. 4, 
``Regulation on the Sale of New Wood Stoves'', submitted by the Governor 
on July 18, 1985.
    (i) Incorporation by reference. (A) Colorado Air Quality Control 
Commission Regulation No. 4., ``Regulation on the Sale of New Wood 
Stoves'', adopted June 27, 1985.
    (36) ``Revisions to Colorado Regulation No. 3 Requiring Air 
Contaminant Emission Notices, Emission Permits and Fees as it Relates to 
the Prevention of Significant Deterioration'' and

[[Page 354]]

``Revisions to Common Provision Regulation as Related to Regulation 3.'' 
Changes submitted April 18, 1983, by the Governor.
    (37) Supplemental information submitted on December 16, 1985, by the 
Colorado Department of Health concerning compliance with EPA's stack 
height regulations in issuing PSD permits.
    (i) Incorporation by reference. (A) Revisions to Regulation 3 and 
Common Provisions Regulation adopted March 10, 1983, by the Colorado Air 
Quality Control Commission.
    (B) Supplemental information submitted on December 16, 1985, by the 
Colorado Department of Health concerning compliance with EPA's stack 
height regulation in issuing PSD permits.
    (38) Revisions to Regulation 1 to control emissions from alfalfa 
dehydrators were submitted by the Governor on July 29, 1987.
    (i) Incorporation by reference. (A) Section II.A.6 and introductory 
text of Section III.C.2.a of Regulation 1 adopted by the Colorado Air 
Quality Control Commission on January 15, 1987, effective on March 2, 
1987.
    (39) Regulation 12, to control emissions from diesel fleets with 
nine or more vehicles over 7,500 pounds empty weight, registered in the 
AIR Program area (the Colorado I/M program), was submitted by the 
Governor on December 21, 1987.
    (i) Incorporation by reference. (A) Colorado Air Quality Control 
Commission, Regulation No. 12, adopted December 18, 1986, and effective 
January 30, 1987.
    (40) A revision to the Colorado SIP was submitted by the Governor on 
May 8, 1986, for Visibility New Source Review.
    (i) Incorporation by reference. (A) Revision to the Colorado State 
Implementation Plan regarding Revision to Regulation No. 3, Section XIV 
was submitted by the Governor on April 18, 1983, and was adopted on 
March 10, 1983.
    (B) Revision to the Colorado State Implementation Plan regarding 
Revision to Regulation No. 3, Section IV was submitted by the Governor 
on May 8, 1986, and was adopted on March 20, 1986.
    (41) A revision to the SIP was submitted by the Governor on December 
21, 1987, for visibility general plan requirements, monitoring, and 
long-term strategies.
    (i) Incorporation by reference. (A) Letter dated December 21, 1987, 
from Governor Roy Romer submitting the Colorado Visibility SIP revision.
    (B) The visibility SIP revision, Regulation No. 3, ``Regulation 
requiring an air contaminant emission notice, Emission Permit Fees'', 
section XV, adopted by the Colorado Air Quality Control Commission on 
November 19, 1987.
    (42) Revisions to Air Pollution Control Regulation No. 1, requiring 
reasonably available control technology RACT for carbon monoxide control 
on petroleum refinery catalytic cracking units were submitted by the 
Governor on May 8, 1986.
    (i) Incorporation by reference. (A) Revisions to Section IV., 
paragraphs IV.A., IV.D.2. and IV.E., and Section VII., Regulation No. 1, 
emission control regulations for particulates, smokes, carbon monoxide, 
and sulfur oxides for the State of Colorado requiring CEM and RACT on 
petroleum refinery catalytic cracking units in the metro Denver area 
effective on April 30, 1986.
    (43) On June 15, 1988, the Governor submitted revisions to the CO 
SIP for Colorado Springs. The revisions contain a new measure, the Clean 
Air Campaign. EPA considers all other aspects of the submittal to be 
surplus.
    (i) Incorporation by reference. (A) Clean Air Campaign portion of 
the Carbon Monoxide State Implementation Plan for the Colorado Springs 
urbanized area, revised August 12, 1987.
    (44) A revision to Regulation No. 4 of the Colorado SIP which 
exempts certain woodburning devices from the certification requirements 
of Regulation No. 4 was submitted by the Governor of Colorado on 
September 10, 1988.
    (i) Incorporation by reference. (A) In a letter dated September 10, 
1988, Roy Romer, Governor of Colorado, submitted a revision to 
Regulation No. 4 of the Colorado SIP.
    (B) Paragraph (I)(A)(10)-(13) and (II)(C), revisions to Regulation 
No. 4, ``Regulation on the Sale of New

[[Page 355]]

Woodstoves,'' of the Colorado SIP became effective on June 30, 1988.
    (45) In a letter dated May 8, 1986, the Governor submitted revisions 
to the Colorado Regulation No. 3 (Regulation Requiring an Air 
Contaminant Emission Notice, Emission Permit Fees) of the Colorado SIP 
modifying stack evaluations. The changes consisted of (1) new 
definitions of dispersion techniques, good engineering practice, nearby, 
and excessive concentrations (Section XII.D.) and (2) rules clarifying 
technical modeling and monitoring requirements (Section XII.C.).
    (i) Incorporation by reference. (A) Revisions to the Colorado 
Regulation No. 3 (Regulation Requiring and Air Contaminant Emission 
Notice, Emission Permit Fees), Section XII, adopted March 20, 1986, by 
the Colorado Air Quality Control Commission.
    (46) On July 29, 1987, the Governor submitted:
    (1) Amendments to Colorado Regulation No. 11 (Inspection/Maintenance 
(I/M) program) and
    (2) Regulation No. 13 (oxygenated fuels program).
    (i) Incorporation by reference. (A) Regulation No. 11, revised 
January 15, 1987, effective March 2, 1987.
    (B) Regulation No. 13, adopted June 29, 1987, effective July 30, 
1987.
    (47) In a letter dated October 23, 1985, the Director of the Air 
Pollution Control Division submitted the stack height demonstration 
analysis. Supplemental information was submitted on June 20, 1986, 
December 4, 1986, February 3, 1987, March 3, 1988, March 15, 1988, July 
6, 1988 and August 16, 1988.
    (i) Incorporation by reference. Stack height demonstration analyses 
submitted by the State on October 23, 1985, June 20, 1986, December 4, 
1986, February 3, 1987, March 3, 1988, March 15, 1988, July 6, 1988 and 
August 16, 1988.
    (48) [Reserved]
    (49) A revision to Regulation No. 4 of the Colorado SIP submitted on 
June 29, 1990, prohibits persons from operating a wood-burning stove or 
fireplace during a high pollution day in specified areas.
    (i) Incorporation by reference. (A) Revisions to Regulation No. 4, 
``Regulation on the Sale of New Woodstoves,'' effective on June 30, 
1990.
    (50) [Reserved]
    (51) On June 29, 1990, the Governor of Colorado submitted revisions 
to the plan. The revisions include amendments to the Common Provisions 
Regulation and Regulation No. 3 for emission permit fees and prevention 
of significant deterioration of air quality (PSD) regulations to 
incorporate the nitrogen dioxide (NO2) increments.
    (i) Incorporation by reference. (A) Revisions to the Colorado Air 
Quality Control Regulations, Common Provisions Regulation and Regulation 
No. 3, which were effective on June 30, 1990.
    (ii) Additional material. (A) October 22, 1990 letter from Douglas 
Skie, EPA, to Bradley Beckham, Director, Air Pollution Control Division.
    (B) November 5, 1990 letter from Bradley Beckham, Director, Air 
Pollution Control Division, to Douglas Skie, EPA.
    (52) [Reserved]
    (53) Revisions to the Colorado State Implementation Plan were 
submitted by the Governor of Colorado on July 13, 1990. The revision 
adds a voluntary educational Better Air Campaign to the Ft. Collins 
Carbon Monoxide element of the Colorado SIP.
    (i) Incorporation by reference. (A) The Fort Collins Better Air 
Campaign as defined in Exhibit ``A'' and adopted on September 5, 1989, 
through Resolution 89-161.
    (54) On November 17, 1988 the Governor submitted revisions to 
Regulation No. 3 and the Common Provisions Regulation which included:
    Provisions for the review of new sources to protect the PM-10 
national ambient air quality standards (NAAQS) and for consistency with 
EPA requirements;
    Amendments to address deficiencies and previous EPA disapprovals as 
identified in the May 26, 1988 SIP Call;
    Provisions for the certification and trading of emission offset 
credits; and
    Amendments to increase permit processing and annual fees.
    (i) Incorporation by reference. (A) Regulation No. 3: Sections 
I.B.2.c.(i)-(vi), I.B.3.a., II.B.1.d & e, II.B.3.c., II.C.1.h., II.C.3., 
III.A.1., IV.C.4.e., IV.C.4.f.(i) & (iv)-(v), IV.C.6-10, IV.D.1.e., 
IV.D.2.a.(iv), IV.D.2.b., IV.D.2.c.(i) & (ii), IV.D.3.a.(vi), 
IV.D.3.b.(i)(D), IV.D.3.b.(iii)(A)(3), (5), (7), & (11),

[[Page 356]]

IV.D.3.d.(ii), IV.D.3.e., IV.G.3., IV.H.7., V.C-I, VI.A.2., VI.C.1., 
VI.D., VII.A., VIII.D., IX.K., XIII.B., XIV.B.1, XIV.B.4.c.; and the 
Common Provisions Regulation: Section I.G., definitions of ``Best 
Available Control Technology,'' ``Complete,'' ``Construction,'' 
``Enforceable,'' ``Fixed Capital Cost,'' ``Lowest Achievable Emission 
Rate (LAER),'' ``Modification,'' Net Emissions Increase,'' ``Particulate 
Matter,'' ``Particulate Matter Emissions,'' ``PM10,'' ``PM10 
Emissions,'' ``Reconstruction,'' ``Significant,'' ``Total Suspended 
Particulate;'' revised August 18, 1988, effective September 30, 1988.
    (ii) Additional material. (A) Letter dated April 29, 1991 from the 
Colorado Air Pollution Control Division to EPA.
    (55) [Reserved]
    (56) Revisions to the Colorado State Implementation Plan were 
submitted by the Governor in letters dated October 25, 1989, and October 
30, 1991. The revisions consist of amendments to Regulation No. 12, 
``Reduction of Diesel Vehicle Emissions.''
    (i) Incorporation by reference. (A) Regulation No. 12 revisions 
adopted on July 20, 1989, and effective on August 30, 1989, as follows: 
Part A (Diesel Fleet Self-Certification Program): I.B.2.; I.C.1.; I.D.; 
II.A.2.b., c.; all of IV. except those sections noted below; and add new 
Parts B (Diesel Opacity Inspection Program) and C (Standards for Visible 
Pollutants from Diesel Engine Powered Vehicles--Operating on Roads, 
Streets and Highways), except those sections noted below. Regulation No. 
12 revisions adopted on September 19, 1991, and effective on October 30, 
1991, as follows: Part A: I.A.; I.B.3-18.; I.C.2.; II.A.1.; II.A.2.d., 
f., g., III.A.; IV.A.2.; IV.C.1.c., g.; IV.C.2.c., h.; IV.C.3.f., i.; 
IV.C.4.k.; IV.C.5.a.iv.; IV.C.5.b.; V.; VI.; VII.; VIII.; Part B: 
I.B.2., 7., 19., 30.-37., 40., 50., 51.; I.C.2.; I.D.; I.E.3.; 
II.C.1.b.iv.; II.E.2.c., e.; II.E.8.; III.A.; III.B.4.; III.C.4.b.viii.-
ix.; III.D.3.b.vi., xi.; III.D.3.c.viii., xiii.; V.; VI.; and Part C: 
A.-F.
    (57) Revision to the State Implementation Plan for Carbon Monoxide: 
Greeley Element.
    (i) Incorporation by reference. (A) Letter and submittal dated 
November 25, 1987, from the Governor of Colorado to the EPA Region VIII 
Administrator, to revise the SIP to include the Greeley Element. The 
revision was adopted by the State on September 17, 1987.
    (58) On November 17, 1988, the Governor submitted an amendment to 
Colorado Regulation No. 1, Section II.A.9., to exempt the destruction of 
Pershing missiles under the Intermediate-Range Nuclear Forces (INF) 
Treaty from meeting the opacity limits.
    (i) Incorporation by reference. (A) Regulation No. 1, Section 
II.A.9., adopted September 15, 1988, effective October 30, 1988.
    (59) Revisions to the State's new source review and prevention of 
significant deterioration permitting rules in the Common Provisions 
Regulation and Regulation No. 3, which were submitted by the Governor on 
April 9, 1992.
    (i) Incorporation by reference. (A) Regulation No. 3: Sections I.A., 
I.B.2.c. through e., I.B.3.e. and f., II.B.1., II.B.2., II.C., III.A.1., 
III.B., III.D., IV.B.2., IV.C.4., IV.C.7., IV.C.9, IV.D.1., 
IV.D.2.a.(ii) and (iv), IV.D.2.b.(i), IV.D.3.a.(iii) and (vi), 
IV.D.3.b.(iv), IV.H., IV.I., V.A., V.C.1., V.C.3., V.D.1., V.D.2., 
V.D.4., V.D.5., V.D.11., V.E.1., V.E.5., V.F.10., V.F.11., V.F.13., 
V.G.7., V.G.8., V.H.3., V.H.7. and 8., V.I.3., VI.A.1., VI.C.2., IX.D., 
XII.D., XIII.B.4., XIII.B.6., and XV.D.2.; and the Common Provisions 
Regulation: Sections I.D.2., I.F., II.C.1., II.C.4., IV., and Section 
I.G.- definitions of ``best available control technology,'' ``commenced 
construction,'' ``complete,'' ``federally enforceable,'' 
``modification,'' ``potential to emit,'' ``reasonable further 
progress,'' and ``stationary source;'' revised October 17, 1991, 
effective November 30, 1991.
    (60) Revisions to the Long-Term Strategy of the Colorado State 
Implementation Plan for Class I Visibility Protection were submitted by 
the Governor in a letter dated November 18, 1992. The submittal 
completely replaces the previous version of the Long-Term Strategy and 
includes amendments to Air Quality Control Commission Regulation No. 3, 
``Air Contaminant Emissions Notices.''
    (i) Incorporation by reference. (A) Revisions to the Visibility 
Chapter of Regulation No. 3 as follows: XV.F.1.c. as adopted on August 
20, 1992, and effective on September 30, 1992.

[[Page 357]]

    (61) The Governor of Colorado submitted a portion of the 
requirements for the moderate nonattainment area PM10 State 
Implementation Plan (SIP) for Denver, Colorado with a letter dated June 
7, 1993, and subsequent submittals dated September 3, 1993, and October 
20, 1993, fulfilling most of the commitments made in the June 7, 1993, 
letter. The submittals were made to satisfy those moderate 
PM10 nonattainment area SIP requirements due for the Denver 
PM10 nonattainment area on November 15, 1991. EPA is 
approving, for the limited purpose of strengthening the SIP, the control 
measures contained in the SIP revisions identified above. (EPA is not 
approving, at this time, the control measures limiting the emissions 
from Purina Mills and Electron Corporation.)
    (i) Incorporation by reference. (A) Revisions to Regulation No. 4, 
``Regulation on the Sale of New Woodstoves and the Use of Certain 
Woodburning Appliances During High Pollution Days,'' as adopted by the 
Air Quality Control Commission on June 24, 1993, effective August 30, 
1993, as follows: insert new Section VIII and recodification of 
References Section. This revision pertains to local jurisdiction 
implementation and enforcement of ordinances and resolutions restricting 
wood burning on high pollution days.
    (B) Regulation No. 16, ``Concerning Material Specifications for, Use 
of, and Clean-up of Street Sanding Material,'' as adopted by the Air 
Quality Control Commission on June 24, 1993, effective August 30, 1993, 
as follows: recodification of Regulation and addition of Sections II and 
III, which regulate emissions from street sanding and sweeping in the 
Denver PM10 nonattainment area.
    (C) Revisions to Regulation No. 1, ``Emission Control Regulations 
for Particulates, Smokes, Carbon Monoxide, and Sulfur Oxides for the 
State of Colorado,'' as adopted by the Air Quality Control Commission on 
August 19, 1993, effective October 30, 1993, as follows: insert new 
Sections VII and VIII and recodification of the two following Sections, 
``Emission Regulations Concerning Areas Which are Nonattainment for 
Carbon Monoxide--Refinery Fluid Bed Catalytic Cracking Units'', and 
``Statements of Basis and Purpose'' Sections. The revisions pertain to 
restrictions on the use of oil as a back-up fuel for certain sources and 
set new emission limits at the following Public Service Company Power 
Plants: Cherokee, Arapahoe, and Valmont.
    (D) Coors Glass Plant allowable emission limitations on three 
furnaces.
    1. Permit 92JE129-1, effective date January 19, 1993, regulating 
emissions at the KTG glass melting furnace 1.
    2. Permit 92JE129-2, effective date January 19, 1993, regulating 
emissions at the KTG glass melting furnace 2.
    3. Permit 92JE129-3, effective date January 19, 1993, regulating 
emissions at the KTG glass melting furnace 3.
    (E) Conoco Refinery allowable emission limitations from the 
refinery.
    1. Permit 90AD524, effective date March 20, 1991, regulating a Tulsa 
natural gas fired 20MMbtu/hour heater equipped with low-Nox burners.
    2. Permit 90AD053, effective date March 20, 1991, regulating process 
heaters H-10, H-11 and H-27 and process boilers B4, B6, and B8 all 
burning fuel gas only.
    3. Permit 91AD180-3, effective December 28, 1992, regulating the 
three stage Claus sulfur recovery unit with tail gas recovery unit.
    (ii) Additional material. (A) Regional Air Quality Council, 
``Guidelines for Reducing Air Pollution from Street Sanding'' sets 
voluntary guidelines for public works departments to follow to reduce 
the amount of street sand applied, and includes recommendations for 
increasing the effectiveness of street cleaning operations.
    (B) Adolph Coors Company Brewery permit emission limitations on five 
boilers. Permits: C-12386-1&2, C-12386-3, C-10660, C-11199, and C-11305.
    (62) On February 24, 1993, and December 9, 1993, the Governor of 
Colorado submitted revisions to the Colorado State implementation plan 
(SIP) to satisfy those moderate PM-10 nonattainment area SIP 
requirements for Pagosa Springs, Colorado due to be submitted by 
November 15, 1991. Included in the December 9, 1993 submittal were PM-10 
contingency measures for Pagosa Springs to satisfy the requirements of 
section 172(c)(9) of the

[[Page 358]]

Act due to be submitted by November 15, 1993.
    (i) Incorporation by reference. (A) Colorado Air Quality Control 
Commission Nonattainment Areas regulation, section I. ``Pagosa Springs 
Nonattainment Area,'' adopted on November 19, 1992, effective on 
December 30, 1992, with revisions adopted on November 12, 1993, 
effective on December 30, 1993.
    (63) On November 18, 1992, the Governor of Colorado submitted a plan 
for the establishment and implementation of a Small Business Assistance 
Program to be incorporated into the Colorado State Implementation Plan 
as required by section 507 of the Clean Air Act.
    (i) Incorporation by reference. (A) Colorado Revised Statutes, 
Sections 25-7-109.2 and 25-7-114.7, to establish and fund a small 
business stationary source technical and environmental compliance 
assistance program, effective July 1, 1992.
    (ii) Additional materials. (A) November 18, 1992 letter from the 
Governor of Colorado submitting a Small Business Assistance Program plan 
to EPA.
    (B) The State of Colorado plan for the establishment and 
implementation of a Small Business Assistance Program, adopted by the 
Colorado Air Quality Control Commission on October 15, 1992, effective 
October 15, 1992.
    (64) On December 9, 1993, the Governor of Colorado submitted 
PM10 contingency measures for the moderate nonattainment 
PM10 areas of Canon City and Lamar, Colorado. The submittal 
was made to satisfy the moderate PM10 nonattainment area 
requirements for contingency measures due for Canon City and Lamar on 
November 15, 1993.
    (i) Incorporation by reference. (A) Colorado Air Quality Control 
Commission Nonattainment Area Regulation, Section IV. ``Lamar 
Nonattainment Area,'' and Section V. ``Canon City Nonattainment Area--
PM-10,'' adopted on November 12, 1993, and effective December 30, 1993.
    (65) On January 15, 1992, March 17, 1993, and December 9, 1993, the 
Governor of Colorado submitted revisions to the Colorado State 
implementation plan (SIP) to satisfy those moderate PM-10 nonattainment 
area SIP requirements for Aspen, Colorado due to be submitted by 
November 15, 1991. Included in the December 9, 1993 submittal were PM-10 
contingency measures for Aspen to satisfy the requirements of section 
172(c)(9) of the Act due to be submitted by November 15, 1993.
    (i) Incorporation by reference. (A) Colorado Air Quality Control 
Commission Nonattainment Areas regulation, all of Section III. ``Aspen/
Pitkin County PM-10 Nonattainment Area'' except Section III.C.6., 
adopted on January 21, 1993 effective on March 2, 1993, with revisions 
adopted on November 12, 1993, effective on December 30, 1993.
    (66) On January 14, 1993, the Governor of Colorado submitted 
revisions to the new source review and prevention of significant 
deterioration requirements in the Common Provisions Regulation and 
Regulation No. 3, as well as a revision to Regulation No. 7 pertaining 
to volatile organic compounds of negligible photochemical reactivity.
    (i) Incorporation by reference. (A) Air Quality Control Commission 
Common Provisions Regulation, Section I.C. and Section I.G., definitions 
of ``adverse environmental effect,'' ``air pollutant,'' ``best available 
control technology,'' ``federal act,'' ``federally enforceable,'' 
``hazardous air pollutant,'' paragraph h. in ``net emissions increase,'' 
``ozone depleting compound,'' and ``significant;'' revised 11/19/92, 
effective 12/30/92.
    (B) Air Quality Control Commission Regulation No. 3 Air Contaminant 
Emission Notices, Sections I.B.1., I.B.2.c-e., I.B.3.e-f., IV.B.3-5, 
IV.D.2.a.(iii), IV.D.2.c., IV.D.3., IV.D.4., IV.E., IV.F., IV.H., 
V.E.9., VI.B.1., VI.B.4., VI.B.5., VI.C., VII.C., VIII.A., VIII.C.1., 
XI.A., and XIII.A. and B.; revised 11/19/92, effective 12/30/92.
    (C) Air Quality Control Commission Regulation No. 7 Emissions of 
Volatile Organic Compounds, Section II.B.; revised 11/19/92, effective 
12/30/92.
    (67) On November 27, 1992, the Governor of Colorado, submitted a 
revision to the Colorado SIP. This revision replaces previous versions 
of Regulation No. 13 with the amended Regulation No. 13 (oxygenated 
gasoline program) adopted September 17, 1992. Regulation No. 13 requires 
the oxygenated gasoline programs to be implemented in the Fort Collins-
Loveland, Colorado

[[Page 359]]

Springs, and Boulder-Denver Metropolitan Statistical Areas (MSA) as 
required by Section 211(m) of the Clean Air Act Amendments of 1990.
    (i) Incorporation by reference. (A) Revision to Regulation No. 13, 
``Oxygenated Gasoline Program,'' as adopted by the Colorado Air Quality 
Control Commission on September 17, 1992, effective October 10, 1992, as 
follows: entire Regulation revision. This regulation supersedes and 
replaces all previous revisions to Regulation No. 13, (40 CFR, 
52.320(46)(2)).
    (68) The Governor of Colorado submitted a portion of the 
requirements for the moderate nonattainment area PM10 State 
Implementation Plan (SIP) for Telluride, Colorado with a letter dated 
March 17, 1993. The submittal was made to satisfy those moderate 
PM10 nonattainment area SIP requirements due for Telluride on 
November 15, 1991; however, the submittal did not contain quantitative 
milestones to provide for maintenance of the PM10 National 
Ambient Air Quality Standards through December 1997. The Governor of 
Colorado submitted moderate PM10 nonattainment area 
contingency measures for Telluride with a letter dated December 9, 1993. 
This submittal was intended to satisfy the requirements of section 
172(c)(9) of the Clean Air Act due on November 15, 1993.
    (i) Incorporation by reference. (A) Colorado Air Quality Control 
Commission Nonattainment Areas regulation, Section II., Telluride 
Nonattainment Area, adopted January 21, 1993 and effective on March 2, 
1993, with revisions adopted November 12, 1993 and effective December 
30, 1993.
    (ii) Additional material. (A) The commitment and schedule for the 
adoption and implementation of PM10 control measures that are 
necessary to demonstrate maintenance of the 24-hour PM10 
standard in Telluride, which were submitted in an April 21, 1994 letter 
from Thomas Getz, Air Pollution Control Division, to Douglas M. Skie, 
EPA.
    (69) On January 14, 1994 and on June 24, 1994, Roy Romer, the 
Governor of Colorado, submitted SIP revisions to the Implementation Plan 
for the Control of Air Pollution. This revision establishes and requires 
the implementation of an enhanced motor vehicle inspection and 
maintenance program in the Denver and Boulder urbanized areas as 
required by section 187(a)(6) of the Clean Air Act Amendments of 1990. 
This material is being incorporated by reference for the enforcement of 
Colorado's enhanced I/M program only.
    (i) Incorporation by reference. (A) Colo. Rev. Stat. Sections 42-4-
306.5--42-4-316 adopted June 8, 1993 as House Bill 93-1340, effective 
July 1, 1993.
    (B) Regulation No. 11 (Inspection/Maintenance Program) as adopted by 
the Colorado Air Quality Control Commission (AQCC) on March 17, 1994.
    (ii) Additional materials. (A) SIP narrative and technical 
appendices 1-20 as corrected and approved by the AQCC on June 21, 1994. 
The narrative is entitled ``State of Colorado Motor Vehicle Inspection 
and Maintenance State Implementation Plan'', dated December 16, 1993 
with technical corrections.
    (70) Revisions to the Colorado State Implementation Plan were 
submitted by the Governor on September 27, 1989, and August 30, 1990. 
The revisions consist of amendments to the Ozone provisions in 
Regulation No. 7, ``Regulation To Control Emissions of Volatile Organic 
Compounds.''
    (i) Incorporation by reference. (A) Revisions to Regulation No. 7, 
Sections 7.I (Applicability), 7.II (General Provisions), 7.III (General 
Requirements for Storage and Transfer of Volatile Organic Compounds), 
7.IV (Storage of Highly Volatile Organic Compounds), 7.V (Disposal of 
Volatile Organic Compounds), 7.VI (Storage and Transfer of Petroleum 
Liquid), 7.VIII (Petroleum Processing and Refining), 7.IX (Surface 
Coating Operations), 7.X (Use of Solvents for Degreasing and Cleaning), 
7.XI (Use of Cutback Asphalt), 7.XII (Control of VOC Emissions from Dry 
Cleaning Facilities Using Perchloroethylene as a Solvent), 7.XIII 
(Graphic Arts), 7.XIV (Pharmaceutical Synthesis), 7.XV (Control of 
Volatile Organic Compound Leaks from Vapor Collection Systems Located at 
Gasoline Terminals, Bulk Plants, and Gasoline Dispensing Facilities), 
and Appendices A (Criteria for Control of Vapors from Gasoline Transfer 
to Storage Tanks), B (Criteria for Control of Vapors from Gasoline 
Transfer at Bulk Plants-Vapor Balance System), and D

[[Page 360]]

(Test Procedures for Annual Pressure/Vacuum Testing of Gasoline 
Transport Trucks). The following new emission sources and appendices 
were added to Regulation No. 7: 7.IX.A.7 (Fugitive Emission Control), 
7.IX.M (Flat Wood Paneling Coating), 7.IX.N. (Manufacture of Pneumatic 
Rubber Tires), and Appendix E (Emission Limit Conversion Procedure). 
These revisions became effective on October 30, 1989, and August 30, 
1990.
    (ii) Additional material. (A) February 5, 1992, letter from John 
Leary, Acting Director, Colorado Air Pollution Control Division, to 
Douglas Skie, EPA. This letter contained the State's commitment to 
conduct capture efficiency testing using the most recent EPA capture 
efficiency protocols, and the commitment to adopt federal capture 
efficiency test methods after they are officially promulgated by EPA.
    (71) The Governor of Colorado submitted carbon monoxide contingency 
measures for Colorado Springs and Fort Collins with a letter dated 
February 18, 1994. This submittal was intended to satisfy the 
requirements of section 172(c)(9) of the Clean Air Act for contingency 
measures which were due on November 15, 1993.
    (i) Incorporation by reference. (A) Colorado Air Quality Control 
Commission Nonattainment Areas regulation, 5 CCR 1001-20, Section VI, 
City of Fort Collins Nonattainment Area, and Section VII, Colorado 
Springs Nonattainment Area, adopted on November 12, 1993, effective on 
December 30, 1993.
    (72) On November 12, 1993, August 25, 1994, September 29, 1994, 
November 17, 1994, and January 29, 1996, the Governor of Colorado 
submitted revisions to the State's construction permitting requirements 
in Regulation No. 3 and the Common Provisions Regulation. These 
revisions included nonattainment new source review permitting 
requirements for new and modified major sources of PM-10 precursors 
locating in the Denver moderate PM-10 nonattainment area, changing from 
the dual source definition to the plantwide definition of source in 
nonattainment new source review permitting, other changes to Regulation 
No. 3 to make the construction permitting program more compatible with 
the State's title V operating permit program, and correction of 
deficiencies. In addition, the Governor submitted revisions to the 
Common Provisions Regulation on April 9, 1992 and January 14, 1993.
    (i) Incorporation by reference. (A) Common Provisions Regulation, 5 
CCR 1001-2, Section I.G., definitions of ``baseline area'' and 
``reconstruction;'' adopted 10/17/91, effective 11/30/91.
    (B) Common Provisions Regulation, 5 CCR 1001-2, Section I.G., 
definitions of ``net emissions increase'' and ``stationary source;'' 
adopted 8/20/92, effective 9/30/92.
    (C) Common Provisions Regulation, 5 CCR 1001-2, Section I.A. and 
Section I.G., definitions of ``emission control regulation'' and 
``volatile organic compound;'' adopted 11/19/92, effective 12/30/92.
    (D) Regulation No. 3, Air Contaminant Emissions Notices, 5 CCR 1001-
5, revisions adopted 8/18/94, effective 9/30/94, as follows: Part A 
(with the exception of the last sentence in the definition of 
``Federally enforceable'' in Section I.B.22 and with the exception of 
Section IV.C.) and Part B (with the exception of Sections V.B. and 
VII.A.5.). This version of Regulation No. 3, as incorporated by 
reference here, supersedes and replaces all versions of Regulation No. 3 
approved by EPA in previous actions.
    (E) Regulation No. 3, Air Contaminant Emissions Notices, 5 CCR 1001-
5, revisions adopted on 3/16/95, effective 5/30/95, as follows: Part A: 
Sections I.B.12., I.B.31., I.B.32., I.B.35.B., I.B.36., I.B.37., 
I.B.41., I.B.50., I.B.57., I.B.66., II.D.5.c., II.D.5.d., V.B., V.C.6., 
V.C.10., V.E.1.c., V.E.1.d., V.H.4. through V.H.8., V.I.1., VI.C.1.f., 
and VII.A.; Part B: Sections III.D.2., III.D.3., IV.B.4., IV.C.1., 
IV.D.1.a., IV.D.2.c.(i)(E), IV.D.4.a., and IV.J.
    (F) Previously approved in paragraph (c)(72)(i)(D) under Regulation 
No. 3, Air Contaminant Emissions Notices, 5 CCR 1001-5. These sections 
are now deleted without replacement: II.B.7., II.B.8., II.B.9., 
II.B.10., and II.D.7, effective October 30, 2006.
    (G) 1001-5, Colorado Regulation No. 3, Air Contaminant Emissions 
Notices, Part A, Concerning General Provisions Applicable to Reporting 
and Permitting, Sections II.D.1.m, II.D.1.ee,

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II.D.1.uu, II.D.1.ddd, and II.D.1.eeee, previously approved in paragraph 
(c)(72)(i)(D) of this section, were repealed by the State of Colorado 
effective January 30, 2009 and are removed without replacement.
    (ii) Additional material. (A) July 3, 1995 letter from Martha E. 
Rudolph, First Assistant Attorney General, Colorado Office of the 
Attorney General, to Jonah Staller, EPA.
    (73) On January 14, 1994 and on June 24, 1994, Roy Romer, the 
Governor of Colorado, submitted SIP revisions to the State 
Implementation Plan for the Control of Air Pollution. This revisions 
requires the implementation of a basic motor vehicle inspection and 
maintenance program in the urbanized areas of El Paso (Colorado 
Springs), Larimer (Fort Collins), and Weld (Greeley) Counties meeting 
the requirements of the Clean Air Act Amendments of 1990. This material 
is being incorporated by reference for the enforcement of Colorado's 
basic I/M program only.
    (i) Incorporation by reference. (A) Colo. Rev. Stat. Sec. Sec. 42-
4-306.5--42-4-316 adopted June 8, 1993 as House Bill 93-1340, effective 
July 1, 1993.
    (B) Regulation No. 11 (Inspection/Maintenance Program) as adopted by 
the Colorado Air Quality Control Commission (AQCC) on March 17, 1994, 
effective April 30, 1994.
    (74) The Governor of Colorado submitted PM10 contingency 
measures for Denver, Colorado in a letter dated November 17, 1995.
    (i) Incorporation by reference. (A) Section IV. of Regulation No. 
16, Street Sanding Emissions, adopted March 16, 1995, effective May 30, 
1995.
    (75) The Governor of Colorado submitted revisions to the 
PM10 moderate nonattainment area State Implementation Plan 
(SIP) for Telluride, Colorado with a letter dated April 22, 1996. The 
submittal was made to satisfy the State's commitment to adopt additional 
control measures necessary to demonstrate continued maintenance of the 
PM10 National Ambient Air Quality Standards through 1997. Due 
to the satisfaction of this commitment, the SIP now adequately meets the 
quantitative milestone requirement.
    (i) Incorporation by reference. (A) Colorado Air Quality Control 
Commission State Implementation Plan-Specific Regulation for 
Nonattainment Areas, 5 CCR 1001-20, Section II.C., Telluride 
Nonattainment Area Street Sanding Requirements, adopted August 17, 1995 
and effective October 30, 1995.
    (76) The Governor of Colorado submitted the moderate nonattainment 
area PM10 State Implementation Plan (SIP) for Steamboat 
Springs, Colorado with a letter dated September 16, 1997. The submittal 
was made to satisfy those moderate PM10 nonattainment area 
SIP requirements due for Steamboat Springs on July 20, 1995, including 
among other things, control measures, technical analyses, quantitative 
milestones, and contingency measures. The September 16, 1997 submittal 
also included the Steamboat Springs emergency episode plan.
    (i) Incorporation by reference. (A) Colorado Air Quality Control 
Commission Nonattainment Areas, 5 CCR 1001-20, Section VIII., Steamboat 
Springs PM10 Nonattainment Area, adopted October 17, 1996 and 
effective on December 30, 1996.
    (ii) Additional material. (A) An October 29, 1997 letter from Margie 
M. Perkins, APCD, to Richard R. Long, EPA, clarifying that the 
regulation entitled ``Ambient Air Quality Standards for the State of 
Colorado'' was included in the September 16, 1997 Steamboat Springs SIP 
submittal for informational purposes only.
    (77) On September 29, 1995, Roy Romer, the Governor of Colorado, 
submitted a SIP revision to the State Implementation Plan for the 
Control of Air Pollution. This revision provides a replacement 
Regulation No. 11, Inspection/Maintenance Program which limits dealer 
self-testing. This material is being incorporated by reference for the 
enforcement of Colorado's I/M program.
    (i) Incorporation by reference. (A) Department of Health, Air 
Quality Control Commission, Regulation No. 11 (Motor Vehicle Emissions 
Inspection Program) as adopted by the Colorado Air Quality Control 
Commission (AQCC) on September 22, 1994, effective November 30, 1994.
    (78) Revisions to the Colorado State Implementation Plan were 
submitted

[[Page 362]]

by the Governor of the State of Colorado on August 25, 1995, and October 
16, 1995. The revisions consist or amendments to Regulation No. 3, ``Air 
Contaminant Emissions Notices'' and to Regulation No. 7, ``Regulation To 
Control Emissions of Volatile Organic Compounds.'' These revisions 
involve source-specific State Implementation Plan requirements for 
emission trading for Pioneer Metal Finishing Inc. and crossline 
averaging for Lexmark International Inc.
    (i) Incorporation by reference. (A) Revisions to Regulation No. 3, 5 
CCR 1001-5, sections V.A. (Purpose), V.C.1 , V.C.3, V.C.5 (Definitions), 
V.D.6, V.D.7, V.D.9 (Procedure for Certification of Emissions Reductions 
and Approval of Transactions), V.E. (Criteria for Certification of 
Emissions Reductions), V.F., V.F.5, V.F.7, V.F.8.l, V.F.14, and V.F.15 
(Criteria for Approval of all Transactions) and Revisions to Regulation 
No. 7, 5 CCR 1001-9, section II.D.1.a (Alternative Control Plans and 
Test Methods) became effective on December 30, 1994. The new section 
IX.L.2.c through IX.L.2.c.xv (Manufactured Metal Parts and Metal 
Products) to Regulation No. 7, 5 CCR 1001-9, applicable to Pioneer Metal 
Finishing Inc., became effective on April 30, 1995. The new section 
IX.A.12 through IX.A.12.a.(xi) (General Provisions) to Regulation No. 7, 
5 CCR 1001-9, applicable to Lexmark International Inc., became effective 
July 30, 1995.
    (79) On August 23, 1996, the Governor of Colorado submitted a 
revision to the long-term strategy portion of Colorado's State 
Implementation Plan (SIP) for Class I Visibility Protection. The 
revision was made to incorporate into the SIP, among other things, 
emissions reduction requirements for the Hayden Station (a coal-fired 
steam generating plant located near the town of Hayden, Colorado) that 
are based on a consent decree addressing numerous air pollution 
violations at the plant. This SIP revision replaces the previous 
existing impairment portion of the long-term strategy as it relates to 
the Mt. Zirkel Wilderness Area.
    (i) Incorporation by reference. (A) Long-Term Strategy Review and 
Revision of Colorado's State Implementation Plan for Class I Visibility 
Protection Part I: Hayden Station Requirements, as follows: Section VI., 
effective on August 15, 1996.
    (80) On July 11, 1994, July 13, 1994, September 29, 1995, and 
December 22, 1995, the Governor of Colorado submitted revisions to the 
Colorado State Implementation Plan (SIP) to satisfy those CO 
nonattainment area SIP requirements for Denver and Longmont, Colorado 
due to be submitted by November 15, 1992, and further revisions to the 
SIP to shorten the effective period of the oxygenated fuels program. EPA 
is not taking action on the SIP provision submitted on July 11, 1994 
that calls for a prohibition of the re-registration of abandoned and 
impounded vehicles.
    (i) Incorporation by reference. (A) Regulation No. 11, Motor Vehicle 
Emissions Inspection Program, 5 CCR 1001-13, as adopted on September 22, 
1994, effective November 30, 1994. Regulation No. 13, Oxygenated Fuels 
Program, 5 CCR 1001-16, as adopted on October 19, 1995, effective 
December 20, 1995.
    (81) On August 1, 1996, the Governor of Colorado submitted revisions 
to the prevention of significant deterioration regulations in Regulation 
No. 3 to incorporate changes in the Federal PSD permitting regulations 
for PM-10 increments and to make other minor administrative revisions.
    (i) Incorporation by reference. (A) Regulation No. 3, Air 
Contaminant Emissions Notices, 5 CCR 1001-5, revisions adopted 8/17/95, 
effective 10/30/95, as follows: Part A, Section I.B., as follows: the 
definition of ``baseline area'' in subsection 10, the definition of 
``minor source baseline date'' in subsection 35, and the definition of 
``net emissions increase'' in subsection 37; Part A: Sections IV.B., 
V.C.1., and V.D.11.c.; Part B: Sections IV.D.3.b.(v), VII.A.1., and X.D.
    (82) The Governor of Colorado submitted the Denver moderate 
nonattainment area PM10 State Implementation Plan (SIP) with 
a letter dated March 30, 1995. The Governor submitted revisions to 
Regulation No. 13, one of the control measures relied on in the 
PM10 SIP, on December 22, 1995. These submittals as well as 
support documentation submittals made on June 8, 1993, June 10, 1993, 
June 25, 1993, July 19,

[[Page 363]]

1993, August 5, 1993, September 3, 1993, September 21, 1993, October 20, 
1993, December 12, 1993, January 19, 1994, December 23, 1994, March 3, 
1995, and November 8, 1995 satisfy those moderate PM10 
nonattainment area SIP requirements due for the Denver PM10 
nonattainment area on November 15, 1991. EPA is approving the SIP. This 
approval replaces the previous limited approval at 40 CFR 52.320(c)(61).
    (i) Incorporation by reference. (A) Regulation No. 4, ``Regulation 
on the Sale of New Woodstoves and the Use of Certain Woodburning 
Appliances During High Pollution Days,'' 5 CCR 1001-6, as adopted by the 
Air Quality Control Commission on June 24, 1993, effective August 30, 
1993.
    (B) Local woodburning ordinances and resolutions.
    (1) Arvada, Colorado. Ordinance number 2451, effective November 2, 
1987, regarding woodburning restrictions.
    (2) Aurora, Colorado. Ordinance numbers 87-118 and 92-14, effective 
May 22, 1987 and May 22, 1992, respectively, regarding woodburning 
restrictions.
    (3) Boulder, Colorado. Ordinance numbers 5007 and 5445, adopted 
November 25, 1986 and April 21, 1992, respectively, regarding 
woodburning restrictions.
    (4) Broomfield, Colorado. Ordinance number 794, effective November 
24, 1988, regarding woodburning restrictions.
    (5) Denver, Colorado. Ordinance numbers 293 and 1018, approved May 
30, 1990 and December 16, 1993, respectively, regarding woodburning 
restrictions.
    (6) Douglas County, Colorado. Resolution number 991-128, adopted 
November 14, 1991, regarding woodburning restrictions.
    (7) Englewood, Colorado. Ordinance numbers 31 and 39, passed on July 
20, 1992, regarding woodburning restrictions.
    (8) Federal Heights, Colorado. Ordinance number 565, adopted January 
5, 1988, regarding woodburning restrictions.
    (9) Glendale, Colorado. Ordinance numbers 2 and 14, adopted January 
5, 1988 and effective on October 20, 1992, respectively, regarding 
woodburning restrictions.
    (10) Greenwood Village, Colorado. Ordinance numbers 17 and 9, 
effective July 9, 1988 and March 25, 1992, respectively, regarding 
woodburning restrictions.
    (11) Jefferson County, Colorado. Resolution numbers CC89-873 and 
CC90-617, dated December 29, 1989 and August 7, 1990, respectively, 
regarding woodburning restrictions.
    (12) Lafayette, Colorado. Ordinance number 24; series 1988, 
effective November 15, 1988, regarding woodburning prohibitions.
    (13) Lakewood, Colorado. Ordinance numbers 0-86-113 and 0-92-61, 
effective December 1, 1986 and November 28, 1992, respectively, 
regarding woodburning restrictions.
    (14) Littleton, Colorado. Ordinance numbers 51 and 26, passed on 
December 6, 1988 and August 18, 1992, respectively, regarding 
woodburning restrictions.
    (15) Longmont, Colorado. Ordinance number 0-89-1, adopted December 
27, 1988, regarding woodburning restrictions.
    (16) Mountain View, Colorado. Ordinance number 90-5, approved on 
January 7, 1991, regarding woodburning restrictions.
    (17) Sheridan, Colorado. Ordinance numbers 22 and 1, approved 
October 25, 1988 and February 9, 1993, respectively, regarding 
woodburning restrictions.
    (18) Thornton, Colorado. Ordinance numbers 2120 and 2194, adopted 
October 28, 1991 and September 28, 1992, respectively, regarding 
woodburning restrictions.
    (19) Westminster, Colorado. Ordinance numbers 1742 and 2092, enacted 
on November 9, 1987 and December 28, 1992, respectively, regarding 
woodburning restrictions.
    (C) Regulation No. 16, ``Concerning Material Specifications for, Use 
of, and Clean-up of Street Sanding Material,'' 5 CCR 1001-18, as adopted 
by the Air Quality Control Commission on September 22, 1994, effective 
November 30, 1994.
    (D) Regulation No. 1, ``Emission Control Regulations for 
Particulates, Smokes, Carbon Monoxide, and Sulfur Oxides for the State 
of Colorado,'' 5 CCR 1001-3, Sections I-IV and VI-IX, and Appendices A 
and B, as adopted by the Air Quality Control Commission on

[[Page 364]]

August 19, 1993, effective October 20, 1993; with revisions to Sections 
VII and VIII, adopted by the Air Quality Control Commission on September 
22, 1994, effective November 30, 1994.
    (E) Public Service Company Cherokee facility SO2 emission 
limitations for the power facility.
    (1) Permit 86AD352(1), effective date November 13, 1986, regulates 
SO2 emissions at Unit 1.
    (2) Permit 86AD352-2, effective date April 30, 1992, regulates 
SO2 emissions at Unit 4.
    (F) Purina Mills Inc. total PM10 emissions limitations at 
the animal feed manufacturing facility.
    (1) Permit 93AD1008-1, effective date October 19, 1993, regulating 
emissions at the finished product loadout facility.
    (2) Permit 93AD1008-2, effective date October 19, 1993, regulating 
emissions at the grain receiving facility.
    (G) Electron Corporation total PM10 emission limitations 
at the gray iron foundry.
    (1) Permit 93AR1363-1, effective date January 12, 1994, regulating 
emissions at the Table shot blaster and associated baghouse.
    (2) Permit 93AR1363-2, effective date January 12, 1994, regulating 
emissions at the five grinding booths-stand and associated baghouse.
    (3) Permit 93AR1363-3, effective date January 12, 1994, regulating 
emissions at the five grinding booths-hand and associated baghouse.
    (4) Permit 93AR1363-4, effective date January 12, 1994, regulating 
emissions at the Muller-25 sand system and associated baghouse.
    (5) Permit 93AR1363-5, effective date January 12, 1994, regulating 
emissions at the Coleman core oven-sand.
    (6) Permit 93AR1363-6, effective date January 12, 1994, regulating 
emissions at the Spinner wheelabrator and associated baghouse.
    (7) Permit 93AR1363-7, effective date January 12, 1994, regulating 
emissions at the Sand sile-core room and associated baghouse.
    (8) Permit 93AR1363-8, effective date January 12, 1994, regulating 
emissions from pouring of molten iron (casting) and castings cooling.
    (9) Permit 93AR1363-9 effective date January 12, 1994, regulating 
emissions at three tumble blast machines and associated baghouse.
    (10) Permit 93AR1363-10, effective date January 12, 1994, regulating 
emissions at two mullers-80A and associated baghouse.
    (11) Permit 93AR1363-11, effective date January 12, 1994, regulating 
emissions at the Casting shakeout hood and associated baghouse.
    (12) Permit 93AR1363-12, effective date January 12, 1994, regulating 
emissions at the Casting-disamatic mold and associated baghouse.
    (13) Permit 93AR1363-13, effective date January 12, 1994, regulating 
emissions at the Sand silo-disamatic and associated baghouse.
    (14) Permit 93AR1363-14, effective date January 12, 1994, regulating 
emissions at the Sand silo-air set room and associated baghouse.
    (15) Permit 93AR1363-15, effective date January 12, 1994, regulating 
emissions at two electric induction furnaces and associated baghouse.
    (16) Permit 93AR1363-16, effective date January 12, 1994, regulating 
emissions at two Inducto-Therm electric induction furnaces model 
2000/4, serial nos. 40102 and 40103, and associated baghouse.
    (17) Permit 93AR1363-17, effective date January 12, 1994, regulating 
emissions from chemicals used in core making process.
    (18) Permit 93AR1363-18, effective date January 12, 1994, regulating 
emissions at the Loop shakeout and associated baghouse.
    (19) Permit 93AR1363-19, effective date January 12, 1994, regulating 
emissions at the Floor shakeout and associated baghouse.
    (20) Permit 93AR1363-20, effective date January 12, 1994, regulating 
emissions at the Reclaim sand and associated baghouse.
    (21) Permit 93AR1363-21 effective date January 12, 1994, regulating 
emissions at the Sand heater/cooler and associated baghouse.
    (22) Permit 93AR1363-22, effective date January 12, 1994, regulating 
emissions at the Paint spray booth.

[[Page 365]]

    (H) TRIGEN-Colorado Energy Corporation permit emissions limitations 
at two boilers.
    (1) Permit 10JE660, effective date February 25, 1997, regulating 
emissions at the 4 boiler: tangential fired cogeneration steam 
boiler.
    (2) Permit 11JE305-1, effective date February 19, 1997, regulating 
emissions at the 5 boiler: tangential fired cogeneration steam 
boiler.
    (I) Rocky Mountain Bottle Company emission limitations on three 
furnaces.
    (1) Permit 92JE129-1, effective date June 29, 1995, regulating 
emissions at the KTG glass melting furnaces 1, 2 and 
3.
    (J) Conoco Refinery allowable emission limitations from the 
refinery.
    (1) Permit 90AD524, effective date March 20, 1991, regulating a 
Tulsa natural gas fired 20MMbtu/hour heater equipped with low-
NOX burners.
    (2) Permit 90AD053, effective date March 20, 1991, regulating 
process heaters H-10, H-11 and H-27 and process boilers B4, B6, and B8 
all burning fuel gas only.
    (3) Permit 91AD180-3, effective December 28, 1992, regulating the 
three stage Claus sulfur recovery unit with tail gas recovery unit.
    (ii) Additional material. (A) Regional Air Quality Council, 
``Guidelines for Reducing Air Pollution from Street Sanding'' sets 
voluntary guidelines for public works departments to follow to reduce 
the amount of street sand applied, and includes recommendations for 
increasing the effectiveness of street cleaning operations.
    (83) A revision to the Colorado State Implementation Plan was 
submitted by the Governor of the State of Colorado on April 22, 1996. 
The revision consists of an amendment to Colorado Air Quality Control 
Commission Regulation No. 7, ``Regulation To Control Emissions of 
Volatile Organic Compounds,'' to provide an exemption for beer 
production and associated beer container storage and transfer operations 
involving volatile organic compounds under 1.5 psia from certain bottom 
or submerged filling requirements that Regulation No. 7 otherwise 
imposes. The revision consists of the addition of paragraph C to section 
III, ``General Requirements for Storage and Transfer of Volatile Organic 
Compounds,'' of Regulation No. 7.
    (i) Incorporation by reference. (A) Colorado Air Quality Control 
Commission Regulation No. 7, 5 CCR 1001-9, section III, paragraph C, 
adopted by the Colorado Air Quality Control Commission on March 16, 
1995, State effective May 30, 1995.
    (84) The Governor of Colorado submitted the Denver PM10 mobile 
source emissions budget State Implementation Plan (SIP) with a letter 
dated July 18, 1995. The Governor submitted the Denver NOX 
mobile source emissions budget State Implementation Plan (SIP) with a 
letter dated April 22, 1996. The PM10 and NOX mobile source 
emissions budgets and other provisions in these SIP submittals are used 
to assess conformity of transportation plans, transportation improvement 
programs, and transportation projects.
    (i) Incorporation by reference. (A) Colorado Air Quality Control 
Commission, ``Ambient Air Quality Standards'' regulation 5CCR 1001-14, 
Section A.1. Budgets for the Denver Nonattainment Area (Modeling Domain) 
PM10, Sections A.2. and A.3., and Sections B and C, adopted on February 
16, 1995, effective April 30, 1995, as amended by the Colorado General 
Assembly through enactment of Colorado Senate Bill 95-110, which Bill 
was enacted on May 5, 1995 and signed by the Governor of Colorado on May 
31, 1995. (See paragraph (c)(84)(i)(B) of this section).
    (B) Colo. Rev. Stat. section 25-7-105(1)(a)(III), enacted by the 
Colorado General Assembly on May 5, 1995 as part of Colorado Senate Bill 
95-110 and signed by the Governor of Colorado on May 31, 1995.
    (C) Colorado Air Quality Control Commission ``Ambient Air Quality 
Standards'' regulation 5CCR 1001-14, Section A.1. Budgets for the Denver 
Nonattainment Area (Modeling Domain) Nitrogen Oxides, as adopted June 
15, 1995, effective August 30, 1995.
    (85) On September 16, 1997, the Governor of Colorado submitted 
revisions to Regulation No. 10 ``Criteria for Analysis of Conformity'' 
that incorporate the General Conformity requirements of 40 CFR part 51, 
Subpart W into State regulation.

[[Page 366]]

    (i) Incorporation by reference. (A) Regulation No. 10 ``Criteria for 
Analysis of Conformity'', 5 CCR 1001-12, as adopted on October 17, 1996, 
effective December 30, 1996.
    (86) On October 1, 1998, the Governor of Colorado submitted 
revisions to Regulation No. 13 ``Oxygenated Fuels Program'' that 
shortened the effective time period of the oxygenated fuels program for 
Denver/Boulder, Colorado Springs, Fort Collins, and Longmont carbon 
monoxide nonattainment areas and also reduced the required oxygen 
content during certain periods.
    (i) Incorporation by reference. (A) Regulation No. 13 ``Oxygenated 
Fuels Program'', 5 CCR 1001-16, as adopted on January 16, 1998, 
effective March 30, 1998.
    (87) On September 16, 1997, the Governor of Colorado submitted 
revisions to Regulations No. 3 and 7 and the Common Provisions 
Regulation to update the State's list of negligibly reactive volatile 
organic compounds (VOCs) and to consolidate the list of negligibly 
reactive VOCs from Regulations No. 3 and 7 into the Common Provisions 
Regulation. The Governor also submitted revisions to Parts A and B of 
Regulation No. 3 on September 16, 1997 to amend the definition of 
``applicable requirement'' and to correct typographical errors. On 
August 19, 1998, the Governor submitted revisions to the Common 
Provisions Regulation to update its list of negligibly reactive VOCs. 
The Governor also submitted revisions to Regulation No. 7 to repeal the 
requirements for control of VOC emissions from dry cleaning facilities 
using perchloroethylene as a solvent.
    (i) Incorporation by reference. (A) Common Provisions Regulation, 5 
CCR 1001-2, Section I.G., definition of ``negligibly reactive VOCs 
(NRVOCs)'' and subsection h. of the definition of ``net emissions 
increase,'' adopted 12/21/95, effective 3/1/96.
    (B) Regulation No. 3, ``Air Contaminant Emission Notices,'' 5 CCR 
1001-5, adopted 12/21/95, effective 3/1/96, as follows: Part A, 
subsection h. of the definition of ``net emissions increase'' in Section 
I.B.37.; and Part B, Section IV.D.4.
    (C) Regulation No. 7, ``Emissions of Volatile Organic Compounds,'' 5 
CCR 1001-9, Section II.B., adopted 12/21/95, effective 3/1/96.
    (D) Regulation No. 3, ``Air Contaminant Emission Notices,'' 5 CCR 
1001-5, adopted 6/20/96, effective 8/30/96, as follows: Part A, 
definition of ``applicable requirement'' in Section I.B.9., definition 
of ``major source (for the purposes of Part C--operating permits)'' in 
Section I.B.59., and Section V.C.12; and Part B, Section III.D.2.
    (E) Common Provisions Regulation, 5 CCR 1001-2, Section I.G., 
definition of ``negligibly reactive VOCs (NRVOCs)'' adopted 11/21/96, 
effective 1/30/97.
    (F) Regulation No. 7, ``Emissions of Volatile Organic Compounds,'' 5 
CCR 1001-9, Section XII., adopted 11/21/96, effective 1/30/97.
    (88) On April 26, 1996, the Governor of Colorado submitted revisions 
to Regulation No. 3 to allow a source to voluntarily request a permit to 
limit potential to emit and to require that such permits be subject to 
public participation.
    (i) Incorporation by reference. (A) Regulation No. 3, ``Air 
Contaminant Emissions Notices,'' 5 CCR 1001-5, revisions adopted 5/18/
95, effective 7/30/95, as follows: part B, sections III.A.4, III.A.7, 
and IV.C.4.
    (89) On May 10, 2000, the Governor of Colorado submitted revisions 
to Regulation No. 13 ``Oxygenated Fuels Program'' that eliminated the 
Oxygenated Fuels Program for El Paso County and the Colorado Springs CO 
attainment/maintenance area.
    (i) Incorporation by reference. (A) Regulation No. 13 ``Oxygenated 
Fuels Program'', 5 CCR 1001-16, as adopted on February 17, 2000, 
effective April 30, 2000, as follows: Sections I.D.19, II.A, II.A.1, 
II.A.2, II.C.1.a, II.C.1.b., and II.C.1.c.
    (90) On May 10, 2000, the State of Colorado submitted maintenance 
plans for the Telluride and Pagosa Springs PM10 nonattainment 
areas and requested that these areas be redesignated to attainment for 
the PM10 National Ambient Air Quality Standards. The 
redesignation requests and maintenance plans satisfy all applicable 
requirements of the Clean Air Act.
    (i) Incorporation by reference. (A) Colorado Air Quality Control 
Commission, ``State Implementation Plan Specific

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Regulations for Nonattainment--Attainment/Maintenance Areas (Local 
Elements),'' 5 CCR 1001-20, revisions adopted 3/16/00, effective 5/30/
00, as follows: Section I., Pagosa Springs Attainment/Maintenance Area 
and Section II., Telluride Attainment/Maintenance Area.
    (ii) Additional material. (A) January 24, 2001 letter from Margie 
Perkins, Director, Colorado Air Pollution Control Division, to Richard 
Long, Director, EPA Region VIII Air and Radiation Program, clarifying 
the commitments of the Verification of Continued Attainment section of 
the Telluride and Pagosa Springs maintenance plans.
    (91) On May 10, 2000, the Governor of Colorado submitted revisions 
to the Colorado State Implementation Plan consisting of: Revisions to 
Regulation 12 to remove the ``Reduction of Diesel Vehicle Emissions'' 
program from areas outside the Denver PM10 non-attainment 
area, and Regulation 9 ``Trip Reduction,'' effective on January 30, 
1979, is rescinded.
    (i) Incorporation by reference. (A) Revisions to Colorado Air 
Quality Control Commission Regulation No. 12, 5 CCR 1001-15, adopted by 
the Colorado Air Quality Control Commission on March 16, 2000, State 
effective May 30, 2000.
    (92) On November 5, 1999, the Governor of Colorado submitted 
Regulation No. 10, Criteria for Analysis of Conformity, Part B--
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, that incorporates conformity 
consultation requirements implementing 40 CFR Part 93, Subpart A into 
State regulation.
    (i) Incorporation by reference. (A) Regulation No. 10, Criteria for 
Analysis of Conformity, Part B--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, 5 CCR 1001-
12, as adopted October 15, 1998, effective November 30, 1998.
    (93) On June 7, 2001, the Governor of Colorado submitted a revision 
to the long-term strategy portion of Colorado's State Implementation 
Plan (SIP) for Class I Visibility Protection. The revision was made to 
incorporate into the SIP emissions reduction requirements for the Craig 
Station (a coal-fired steam generating plant located near the town of 
Craig, Colorado). This SIP revision is expected to remedy Craig 
Station's contribution to visibility impairment in the Mt. Zirkel 
Wilderness Area.
    (i) Incorporation by reference. (A) Revision of Colorado's State 
Implementation Plan for Class I Visibility Protection: Craig Station 
Units 1 and 2 Requirements, Section III, effective on April 19, 2001.
    (94) On August 8, 1996, the Governor of Colorado submitted revisions 
to Regulation No. 3, ``Air Contaminant Emissions Notices,'' that exempt 
gasoline stations located in ozone attainment areas from construction 
permit requirements, with the exception of those gasoline stations 
located in the Denver Metro ozone attainment maintenance area. The 
Governor also submitted revisions to Regulation No. 7, ``Emissions of 
Volatile Organic Compounds,'' that state the provisions of Regulation 
No. 7 shall apply only to ozone nonattainment areas and the Denver Metro 
Attainment Maintenance Area with the exception of Section V, Paragraphs 
VI.B.1 and 2., and Subsection VII.C., which shall apply statewide.
    (i) Incorporation by reference. (A) Part B, section III. D.1.f of 
Regulation No. 3 ``Air Contaminant Emissions Notices'', 5 CCR 1001-5, as 
adopted on March 21, 1996, effective May 30, 1996.
    (B) Section I.A.1 of Regulation No. 7 ``Emissions of Volatile 
Organic Compounds'', 5 CCR 1001-9, as adopted on March 21, 1996, 
effective May 30, 1996.
    (95) On July 30, 2001, the State of Colorado submitted a maintenance 
plan for the Denver PM10 nonattainment area and requested 
that the area be redesignated to attainment for the PM10 
National Ambient Air Quality Standards. The maintenance plan deletes 
from the SIP Regulation No. 12, ``Diesel Inspection/Maintenance 
Program'' and permits for six stationary sources incorporated by 
reference in paragraphs (c)(91)(i)(A) and (c)(82)(i)(E)

[[Page 368]]

through (J), of this section respectively. In conjunction with the 
maintenance plan, Colorado revised previously approved regulations and 
requirements to control particulate matter (Regulation No. 1 and 
Regulation No. 16.) Among other changes, the revision to Regulation No. 
1 includes the deletion of section VII.B of Regulation No. 1 from the 
SIP. Among other changes, the revision to Regulation No. 16 includes the 
deletion of sections III and IV of Regulation No. 16 from the SIP. The 
redesignation request, maintenance plan, and revisions to Regulations 
Nos. 1 and 16 satisfy all applicable requirements of the Clean Air Act.
    (i) Incorporation by reference. (A) Section VII and VIII.A of 
Regulation No. 1, ``Emission Control for Particulates, Smokes, Carbon 
Monoxide, & Sulfur Oxides,'' 5 CCR 1001-3, as adopted August 16, 2001 
and effective September 30, 2001. (See paragraph (c)(95)(ii)(I) of this 
section regarding clerical error in section VIII.A of Regulation No. 1.)
    (B) Sections I and II, Regulation No. 16, ``Street Sanding 
Emissions,'' 5 CCR 1001-18, as adopted April 19, 2001, effective June 
30, 2001.
    (ii) Additional material. (A) Letter dated September 5, 2001 from 
Casey Shpall, Colorado Office of the Attorney General to Cindy 
Rosenberg, EPA Region 8, clarifying that public notice was given of the 
proposed changes and transmitting the appropriate documentation.
    (B) Fax dated September 6, 2001 from Doug Lempke, Colorado 
Department of Public Health and Environment, to Cindy Rosenberg, EPA 
Region 8, submitting Colorado Attorney General's opinion concerning 
revisions to Regulation No. 16.
    (C) Letter dated September 10, 2001 from Kevin Briggs, Colorado 
Department of Public Health and Environment, to Kevin Golden, EPA Region 
8, transmitting model input files for maintenance demonstration.
    (D) Letter dated September 13, 2001 from Casey Shpall, Colorado 
Office of the Attorney General to Cindy Rosenberg, EPA Region 8, 
explaining that an error occurred in the publication of Colorado 
Regulation No. 1.
    (E) Letter dated November 27, 2001 from Margie Perkins, Colorado 
Department of Public Health and Environment, to Richard Long, EPA Region 
8, transmitting the justification for the revised street sweeping 
credits used in the PM10 maintenance plan.
    (F) Letter dated April 5, 2002 from Margie Perkins, Colorado 
Department of Public Health and Environment, to Richard Long, EPA Region 
8, transmitting a supplement to the Technical Support Documentation 
correcting the emission rates used in the PM10 maintenance 
plan for Conoco and Ultramar Diamond Shamrock.
    (G) Complaint and Consent Decree in United States v. Conoco Inc., 
entered by the United States District Court for the Southern District of 
Texas on April 29, 2002.
    (H) July 31, 2002 memorandum from Cindy Rosenberg, EPA Region 8, to 
the Denver PM10 Redesignation and Maintenance Plan Docket, 
regarding the August 16, 2001 version of Regulation No. 1, ``Emission 
Control for Particulates, Smokes, Carbon Monoxide, & Sulfur Oxides.''
    (I) Letter dated July 31, 2002 from Frank R. Johnson, Assistant 
Attorney General, Colorado Department of Law, to Jonah Staller, EPA 
Region 8, explaining a clerical error in the version of Regulation No. 1 
referenced in paragraph (c)(95)(i)(A) of this section, assuring the 
continued enforceability of section VIII.A of Regulation No. 1 
regardless of the air quality classification of the Denver area, and 
indicating that the clerical error will be promptly remedied.
    (96) On May 10, 2000, the Governor of Colorado submitted SIP 
revisions to Colorado's Regulation No. 11 ``Motor Vehicle Emissions 
Inspection Program'' that supersede and replace all earlier versions of 
the Regulation (except Appendices A and B of Regulation No. 11 as 
approved in paragraph (c)(80)) and make several changes to the motor 
vehicle inspection and maintenance requirements including the 
implementation of a remote sensing device (RSD) program for the Denver 
metropolitan area. On May 10, 2000, the Governor also submitted SIP 
revisions to Colorado's Regulation No. 13 : ``Oxygenated

[[Page 369]]

Fuels Program'' that supersede and replace all earlier versions of the 
Regulation and modify the oxygenated fuel requirements for the Denver 
metropolitan area.
    (i) Incorporation by reference. (A) Regulation No. 11 ``Motor 
Vehicle Emissions Inspection Program'', 5 CCR 1001-13, as adopted on 
January 10, 2000, effective March 1, 2000, as follows: Part A, Part B, 
Part C, Part D, Part E, and Part F.
    (B) Regulation No. 13 ``Oxygenated Fuels Program'', 5 CCR 1001-16, 
as adopted on January 10, 2000, effective March 1, 2000, as follows: 
Sections I.A., I.B., I.C., I.D., I.E., II.A, II.B., II.C., II.D., II.E., 
II.F., II.G., and II.H.
    (97) On November 9, 2001, the State of Colorado submitted a 
maintenance plan for the Aspen PM10 nonattainment area and 
requested that this area be redesignated to attainment for the 
PM10 National Ambient Air Quality Standards. The 
redesignation request and maintenance plan satisfy all applicable 
requirements of the Clean Air Act.
    (i) Incorporation by reference. (A) Colorado Air Pollution Control 
Division, ``State Implementation Plan--Specific Regulations for 
Nonattainment--Attainment/Maintenance Areas (Local Areas),'' 5 CCR 1001-
20, revisions adopted January 11, 2001, effective February 28, 2001 as 
follows: Section III, which is titled ``Aspen/Pitkin County 
PM10 Attainment/Maintenance Area,'' and which supersedes and 
replaces all prior versions of Section III.
    (98) On November 5, 1999 the Governor of Colorado submitted a 
revision to Regulation No. 1, ``Emission Control for Particulates, 
Smokes, Carbon Monoxide and Sulfur Dioxide.'' The November 5, 1999 
submittal exempts military training exercises at the United States Army 
Installation Fort Carson and United States Army Pinon Canon Maneuver 
Site (PCMS) from opacity limits. A new subsection D to Regulation No. 1, 
section II, has been approved into the SIP.
    (i) Incorporation by reference. (A) Colorado Regulation No. 1, 
section II, subsection D effective September 30, 1998.
    (99) On August 9, 2002, the Governor of Colorado submitted SIP 
revisions to Colorado's Regulation No. 11 ``Motor Vehicle Emissions 
Inspection Program'' that eliminate the requirement in the SIP for the 
implementation of a motor vehicle inspection and maintenance program in 
Larimer County (which includes the Fort Collins area) after January 1, 
2004. On August 9, 2002, the Governor also submitted SIP revisions to 
Colorado's Regulation No. 13 ``Oxygenated Fuels Program'' that eliminate 
the oxygenated fuel requirements for Larimer County (which includes the 
Fort Collins area) after January 1, 2004, and make changes to sections 
I.D., II.A., II.B., II.C., II.D., II.E., II.F., II.G., and II.H. On 
August 9, 2002, the Governor also submitted SIP revisions to Colorado's 
State Implementation Plan Specific Regulations for Nonattainment and 
Attainment/Maintenance Areas (Local Elements) that eliminate Clean Air 
Act section 172(c)(9) carbon monoxide contingency measures for the Fort 
Collins area. We originally approved these contingency measures on 
December 23, 1997, and our approval was codified in paragraph (c)(71) of 
this section.
    (i) Incorporation by reference. (A) Regulation No. 11 ``Motor 
Vehicle Emissions Inspection Program'', 5 CCR 1001-13, Part A.I, as 
adopted on July 18, 2002, and effective September 30, 2002.
    (B) Regulation No. 13 ``Oxygenated Fuels Program'', 5 CCR 1001-16, 
except for section III, the last sentence in Section II.C.1.c.v., ``This 
Section II.C.1.c.v. is repealed effective February 1, 2019 and is 
replaced by the requirements in Section II.C.1.c.vi. below beginning 
November 1, 2019.,'' and Section II.C.1.c.vi., as adopted on July 18, 
2002, effective September 30, 2002, which supersedes and replaces all 
prior versions of Regulation No. 13.
    (100) EPA is approving a SIP revision submitted by the Governor of 
Colorado on July 31, 2002, concerning the use of credible evidence for 
determining compliance and establishing violations. The July 31, 2002 
submittal revises Colorado Air Quality Control Commission (AQCC) Common 
Provisions Regulation by adding Section II.I, Compliance Certifications. 
Section II.I of Colorado AQCC Common Provisions Regulation is approved 
into the SIP.
    (i) Incorporation by reference. (A) Colorado Air Quality Control 
Commission

[[Page 370]]

Common Provisions Regulation, Section II.I, effective September 30, 
2001.
    (101) On July 31, 2002, the State of Colorado submitted a 
maintenance plan for the Steamboat Springs PM10 nonattainment 
area and requested that this area be redesignated to attainment for the 
PM10 National Ambient Air Quality Standards. The 
redesignation request and maintenance plan satisfies all applicable 
requirements of the Clean Air Act.
    (i) Incorporation by reference. (A) Colorado Air Quality Control 
Commission, ``State Implementation Plan--Specific Regulations for 
Nonattainment--Attainment/Maintenance Areas (Local Elements),'' 5 CCR 
1001-20, revisions adopted November 15, 2001, effective December 30, 
2001 as follows: Section VIII., titled ``Steamboat Springs 
PM10 Attainment/Maintenance Area'' and supersedes and 
replaces all prior versions of Section VIII.
    (102) [Reserved]
    (103) On April 12, 2004, the Governor of Colorado submitted 
revisions to Regulation No. 11 ``Motor Vehicle Emissions Inspection 
Program'' that eliminated the Federal applicability of the Basic I/M 
program for El Paso County and the Colorado Springs CO attainment/
maintenance area.
    (i) Incorporation by reference. (A) Regulation No. 11 ``Motor 
Vehicle Emissions Inspection Program'', 5 CCR 1001-13, as adopted on 
December 18, 2003, effective March 1, 2004, as follows: Part A.I., 
``Applicability,'' final sentence of paragraph 2.
    (104) On June 20, 2003, the Governor of Colorado submitted SIP 
revisions to Colorado's Regulation No. 11 ``Motor Vehicle Emissions 
Inspection Program'' that eliminate the requirement in the SIP to 
implement a motor vehicle inspection and maintenance program in Weld 
County (which includes the Greeley area) after January 1, 2004. On June 
20, 2003, the Governor also submitted SIP revisions to Colorado's 
Regulation No. 13 ``Oxygenated Fuels Program'' that eliminate the 
oxygenated fuel requirements for Weld County (which includes the Greeley 
area) after January 1, 2004.
    (i) Incorporation by reference. (A) Regulation No. 11 ``Motor 
Vehicle Emissions Inspection Program'', 5 CCR 1001-13, Part A.I, second 
sentence that reads, ``The provisions of this regulation applicable to 
Larimer and Weld counties shall not be included in the state 
implementation plan after January 1, 2004.'', as adopted on December 19, 
2002, and effective March 2, 2003.
    (B) Regulation No. 13 ``Reduction of Carbon Monoxide Emissions from 
Gasoline Powered Motor Vehicles through the use of Oxygenated 
Gasolines,'' 5 CCR 1001-16, Part I.D.15, Part II.A, Part II.C, as 
adopted on December 19, 2002, and effective March 2, 2003.
    (105) Revisions to the Long-Term Strategy of Colorado's State 
Implementation Plan for Class I Visibility Protection (Visibility SIP), 
as submitted by the Governor on April 12, 2004. The revisions update 
strategies, activities, and plans that constitute reasonable progress 
toward the National visibility goal.
    (i) Incorporation by reference. (A) ``Revision of the Long-Term 
Strategy,'' (Part II of the January 31, 2002 document entitled ``Long-
Term Strategy Review and Revision of Colorado's State Implementation 
Plan for Class I Visibility Protection,'') effective on February 21, 
2002.
    (106) On July 31, 2002, the State of Colorado submitted a 
maintenance plan for the Lamar PM10 nonattainment area and 
requested that this area be redesignated to attainment for the 
PM10 National Ambient Air Quality Standards. The 
redesignation request and maintenance plan satisfy all applicable 
requirements of the Clean Air Act.
    (i) Incorporation by reference. (A) Colorado Air Quality Control 
Commission, ``State Implementation Plan--Specific Regulations for 
Nonattainment--Attainment/Maintenance Areas (Local Elements),'' 5 CCR 
1001-20, revisions adopted November 15, 2001, effective December 30, 
2001 as follows: Section IV, titled ``Lamar Attainment/Maintenance 
Area,'' and which supersedes and replaces all prior versions of Section 
IV.
    (ii) Additional material. (A) Colorado Department of Public Health 
and Environment, ``Natural Events Action Plan for High Wind Events, 
Lamar, Colorado,'' submitted to EPA on February 9, 1998 and subsequently 
approved by

[[Page 371]]

EPA, June 5, 1998 and Lamar's revised 2003 ``Natural Events Action Plan 
for High Wind Events, Lamar, Colorado,'' submitted to EPA on April 16, 
2003 and subsequently approved by EPA, February 9, 2004.
    (107) On July 21, 2004, the Governor submitted revisions to the 
Colorado State Implementation Plan for Colorado's Common Provisions 
Regulation that contained a definition for condensate. On July 21, 2004, 
and on March 24, 2005, the Governor also submitted revisions to the 
Colorado State Implementation Plan for Colorado's Regulation No. 7 
``Emissions of Volatile Organic Compounds'' that made several changes 
and additions to sections I.A., I.B., II.A and added new sections XII 
and XVI. The March 24, 2005 version of Regulation No. 7 superceded and 
replaced portions of the July 21, 2004 version of Regulation No. 7. On 
June 20, 2003, April 12 2004, and July 21, 2004, the Governor of 
Colorado submitted revisions to the Colorado State Implementation Plan 
for Colorado's Regulation No. 11 ``Motor Vehicle Emissions Inspection 
Program.''
    (i) Incorporation by reference. (A) Common Provisions Regulation, 5 
CCR 1001-2, as adopted on March 12, 2004, effective on May 30, 2004, as 
follows: Section I.G, definition of ``Condensate.''
    (B) Regulation No. 7 ``Emissions of Volatile Organic Compounds,'' 5 
CCR 1001-9, as adopted on March 12, 2004, effective on May 31, 2004, as 
follows: Sections I.A.1, I.A.1.a, I.A.1.b, I.A.1.c, I.B.1.b, and 
I.B.2.f. As adopted on December 16, 2004, effective March 2, 2005, as 
follows: Sections I.A.2, II.A.16, II.A.17, XII, and XVI.
    (C) Regulation No. 11 ``Motor Vehicle Emissions Inspection 
Program,'' 5 CCR 1001-13, with changes most recently adopted on March 
12, 2004, effective May 31, 2004, as follows: Part A, Part B, Part C, 
Part D, Part E, Part F, and Appendices A and B, except for the following 
sentence in Part A.I, which is being acted on separately: ``The 
provisions of this regulation applicable to Larimer and Weld counties 
shall not be included in the state implementation plan after January 1, 
2004.''
    (ii) Additional material. (A) March 22, 2005, letter from Margie 
Perkins, Director, Air Pollution Control Division, Colorado Department 
of Public Health and Environment, to Richard Long, Director, Air and 
Radiation Program, EPA Region VIII. This letter contained commitments 
from the State to adhere to and address the continuing planning process 
requirements contained in the ``Maintenance for Growth'' provisions of 
EPA's ``Protocol for Early Action Compacts Designed to Achieve and 
Maintain the 8-Hour Ozone Standards.''
    (108) Revisions to the Long-Term Strategy of Colorado's State 
Implementation Plan for Class I Visibility Protection (Visibility SIP), 
as submitted by the Governor on March 24, 2005. The revisions update 
strategies, activities, and monitoring plans that constitute reasonable 
progress toward the National visibility goal.
    (i) Incorporation by reference. (A) ``Revision of the Long-Term 
Strategy,'' Part II of the November 18, 2004 document entitled ``Long-
Term Strategy Review and Revision of Colorado's State Implementation 
Plan for Class I Visibility Protection,'' effective November 18, 2004.
    (B) Colorado Air Quality Control Commission Regulation No. 3, 
``Stationary Source Permitting and Air Pollutant Emission Notice 
Requirements,'' 5 CCR 1001-5, Part D, Section XIV, Visibility, 
Subsections A through F, effective April 16, 2004.
    (109) A revision to the State Implementation Plan was submitted by 
the State of Colorado on July 31, 2002. The submittal revises the Common 
Provisions regulation by adding affirmative defense provisions for 
source owners and operators for excess emissions during periods of 
startup and shutdown.
    (i) Incorporation by reference.
    (A) Common Provisions Regulation, 5 CCR 1001-2, sections II.J.1 
through II.J.4, adopted August 16, 2001, effective September 30, 2001.
    (110) A Revision to the State Implementation Plan was submitted by 
the State of Colorado on April 12, 2004. The revision corrects a 
clerical error in Section VIII.A of Regulation No. 1.
    (i) Incorporation by reference.
    (A) Colorado Regulation No. 1, 5CCR 1001-3, Section VIII.A, adopted 
June 19, 2003, effective August 31, 2003.

[[Page 372]]

    (111) On August 8, 2006, the Governor of Colorado submitted SIP 
revisions to Colorado's Regulation No. 11 ``Motor Vehicle Emissions 
Inspection Program'' that repeals the basic vehicle emissions inspection 
program in the Fort Collins and Greeley areas.
    (i) Incorporation by reference.
    (A) Regulation No. 11 ``Motor Vehicle Emissions Inspection 
Program,'' 5CCR1001-13, Part A.1 and Part A.IV, as adopted on November 
17, 2005, and effective January 30, 2006.
    (112) On August 3, 2007, the Governor of Colorado submitted 
revisions to the Colorado's Regulation No. 7 ``Emissions of Volatile 
Organic Compounds'' that made several changes and additions to Section 
XII, ``Volatile Organic Compound Emissions From Oil and Gas 
Operations.''
    (i) Incorporation by reference.
    (A) Regulation No. 7 ``Emissions of Volatile Organic Compounds,'' 5 
CCR 1001-9, Section XII, ``Volatile Organic Compound Emissions From Oil 
and Gas Operations,'' effective on March 4, 2007.
    (113) On August 1, 2007, the State of Colorado submitted revisions 
to Colorado's Common Provisions Regulation, 5 CCR 1001-2, that made 
changes and additions to Section I, ``Definitions, Statement of Intent, 
and General Provisions Applicable to All Emission Control Regulations 
Adopted by the Colorado Air Quality Control Commission,'' and Section 
II, ``General.''
    (i) Incorporation by reference.
    (A) Common Provisions Regulation, 5 CCR 1001-2, Section I.G, 
``Definitions,'' effective on March 4, 2007.
    (1) The submittal revises Section I.G by removing the definition of 
``upset conditions'' and replacing it with the definition of 
``malfunction.''
    (B) Common Provisions Regulation, 5 CCR 1001-2, Section II.E, 
``Affirmative Defense Provision for Excess Emissions During 
Malfunctions,'' effective on March 4, 2007.
    (2) The submittal revises Section II.E by removing language which 
provided an exemption for excess emissions during upset conditions and 
breakdowns and replacing it with an affirmative defense provision for 
source owners and operators for excess emissions during malfunctions.
    (114) [Reserved]
    (115) On July 31, 2003, the State of Colorado submitted revisions to 
Colorado's 5 CCR 1001-3, Regulation 1, that deleted Sections II.A.6, 
A.7, A.9 and C.3, regarding, respectively, alfalfa dehydrating plant 
drum dryers, wigwam burners, the static firing of Pershing missiles and 
a notice regarding waste materials. The State also deleted emission 
limitations for alfalfa plant drum dyers by removing Section III.C.2. 
Colorado's deletion of Sections II. A6, A.7 and A.9 and Section III.C.2 
will cause a numbering change of subsequent paragraphs within Sections 
II.A and III.C. EPA is adopting the new numbering scheme for sections 
II.A. and III C. Section II.C.2.d. regarding agricultural open burning 
is modified to include the burning of diseased animal carcasses to 
prevent a public health emergency. Section III.A.1.d is modified for 
incorporation of new State's method for calculating emissions from 
multiple fuel burning units ducted to a common stack. Section V is added 
regarding emission standards for electric arc furnaces, except for the 
director's discretion provision provided for in Section V.A.2. Sections 
VI.A.3.e, VI.A.3.f, VI.B.4.e, and VI.B.4.g(ii) are modified regarding 
the methods used for the averaging of emissions over a 24 hour period.
    (i) Incorporation by reference.
    (A) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates, 
Smokes, Carbon Monoxide and Sulfur Oxides, Section II, Smoke and 
Opacity, Section II.C.2.d, effective March 2, 2002.
    (B) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates, 
Smokes, Carbon Monoxide and Sulfur Oxides, Section III, Particulate 
Matter, Fuel Burning Equipment, Section III.A.1.d, effective September 
30, 2001.
    (C) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates, 
Smokes, Carbon Monoxide and Sulfur Oxides, Section V, Emission Standard 
for Existing Iron and Steel Plant Operations, effective September 30, 
2001.
    (1) The submittal contains Section V.A.2 with the language:
    ``Emissions from gas-cleaning device shall not exceed a mass 
emission rate of 0.00520 gr/dscf of filterable particulates maximum two-
hour average, as measured by EPA Methods 1-4 and the

[[Page 373]]

front half of Method 5 (40 CFR 60.275, and Appendix A, Part 60), or by 
other credible method approved by the Division. This particulate 
emissions standard does not include condensable emissions, or the back 
half emissions of Method 5''. The language ``or by other credible method 
approved by the Division'' is disapproved. The language ``Appendix A, 
Part 60'' is changed to ``appendices A1 through A3, Part 60'' in order 
to comply with the current nomenclature of Part 60.
    (D) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates, 
Smokes, Carbon Monoxide and Sulfur Oxides, Section VI, Sulfur Dioxide 
Emission Regulations, Sections VI.A.3.e, VI.A.3.f, VI.B.4.e, and 
VI.B.4.g(ii), effective September 30, 2001.
    (1) Sections VI.B.4.e and VI.B.4.g(ii) list an emission rate of 0.7 
lbs. sulfur dioxide, for the sum of all SO2 emissions from a 
given refinery per barrel of oil processed, per day. This emission rate 
is disapproved. The emission rate remains unchanged at 0.3 lbs. All 
remaining language within Sections VI.B.4.e and VI.B.4.g(ii) is 
approved.
    (116) On June 20, 2003, the State of Colorado submitted revisions to 
Colorado's Regulation 3 Regulation, 5 CCR 1001-5, that place 
restrictions on increment consumption, add innovative control technology 
as an alternative to BACT requirements, and changed or deleted numerous 
definitions in Part A. The State in Part B revised construction permit 
review requirements regarding RACT for minor sources in attainment/
maintenance areas. The State made the restrictions on maximum allowable 
increases of sulfur dioxide concentrations over baseline concentrations 
in Class I areas also applicable to certain Class II areas, such as 
certain National Monuments that are not Class I areas. Increment 
consumption restrictions were added to limit major stationary sources 
from consuming more than 75 percent of an applicable increment. The 
State added the use of innovative control technology by a source in lieu 
of BACT requirements in order to encourage the use of such technology. 
The revisions to both Parts and B also included minor changes designed 
to fix ambiguous language, to make the definitions more readable or to 
delete obsolete or duplicative definitions. On April 12, 2004, the State 
of Colorado submitted a minor revision to Part A, Section I.A regarding 
the availability of material incorporated by reference.
    (i) Incorporation by reference.
    (A) Regulation 3, 5 CCR 1001-5, AIR CONTAMINANT EMISSIONS NOTICES, 
Part A, Concerning General Provisions Applicable to Construction Permits 
and Operating Permits, effective December 2002 and April 2003 with the 
following exceptions:
    (1) Section I.B.36.b.(iii)(G) provisions related to Pollution 
Control Projects
    (2) Section I.B.40.c.(ii) Submittal of an application for a nonroad 
engine permit, State-only requirement
    (3) Section IV. C., Emissions Trading under Permit Caps
    (4) Section V.F.5, Criteria for Approval of all Transactions, 
deleting the requirement that trading transactions may not be used 
inconsistently with or to circumvent requirements of LAER
    (B) Regulation 3, 5 CCR 1001-5, AIR CONTAMINANT EMISSIONS NOTICES, 
Part B, Concerning Construction Permits including Regulations for the 
Prevention of Significant Deterioration (PSD), Area Classifications, 
Part B, Section V.B., effective December 2002 with the following 
exceptions:
    (1) Section III.D.1.c(iii), Exemption from Construction Permit 
Requirements, Uncontrolled Emissions
    (2) Section IV.B.2, Application for a Construction Permit, and 
Section IV.H.8, Application for a Final Permit, regarding operating and 
maintenance plans and recordkeeping formats.
    (117) On June 18, 2009, the State of Colorado submitted an 8-Hour 
Ozone Attainment Plan for the Denver Metro Area/North Front Range area 
to meet the requirements of 40 CFR 81.300(e)(3)(ii)(D) for the 1997 8-
hour ozone NAAQS. On the same date, the State of Colorado also submitted 
revisions to portions of Part A, ``Concerning General Provisions 
Applicable to Reporting and Permitting,'' and Part B, ``Concerning 
Construction Permits,'' of Colorado's Regulation No. 3, ``Air 
Contaminant Emissions Notices,'' and to Sections I through XVI of 
Colorado's Regulation No. 7, ``Control of Ozone Via Ozone Precursors 
(Emissions

[[Page 374]]

of Volatile Organic Compounds and Nitrogen Oxides).'' EPA is approving 
the Ozone Attainment Plan except for the last paragraph on page IV-1 and 
the first paragraph on page IV-2, the words ``federally enforceable'' in 
the second to last paragraph on page V-6, and the reference to 
Attachment A in the Table of Contents and on page IV-3. EPA is 
disapproving the excepted language from the Ozone Attainment Plan. EPA 
is approving the revisions to portions of Parts A and B of Colorado's 
Regulation No. 3. For purposes of this action, Colorado Regulation No. 
3, Part B, Sections II.D.1.k, l, m, and n, as incorporated below, should 
be considered an addition to and as immediately following Colorado 
Regulation Number 3, Part B, Sections III.D.1.a through j, as previously 
approved by EPA. EPA is approving the revisions to Sections I through XI 
and XIII through XVI of Colorado's Regulation No. 7, except for 
Colorado's repeal of section II.D. EPA is disapproving Colorado's repeal 
of Section II.D and Colorado's revisions to Section XII of Regulation 
No. 7. EPA is not acting on the provisions in Regulation No. 7 that are 
designated ``State Only.''
    (i) Incorporation by reference.
    (A) 5 CCR 1001-5, Colorado Regulation No. 3, ``Air Contaminant 
Emissions Notices,'' Part A, ``Concerning General Provisions Applicable 
to Reporting and Permitting,'' Sections II.D.1.m, II.D.1.ee, II.D.1.uu, 
II.D.1.ccc, II.D.1.ddd, II.D.1.uuu, and II.D.1.eeee, effective January 
30, 2009.
    (B) 5 CCR 1001-5, Colorado Regulation No. 3, ``Air Contaminant 
Emissions Notices,'' Part B, ``Concerning Construction Permits,'' 
Sections II.D.1.k, l, m, and n, effective January 30, 2009.
    (C) Letter dated November 18, 2009 from the Office of the Colorado 
Attorney General, signed by Jerry Goad, to Candy Herring, Office of the 
Colorado Secretary of State, regarding clerical errors in Regulation No. 
7, and those portions of 5 CCR 1001-9, Colorado Regulation No. 7, 
``Control of Ozone Via Ozone Precursors (Emissions of Volatile Organic 
Compounds and Nitrogen Oxides),'' Section II.C.1 that accompanied such 
letter, except for the following: the parenthetical phrase ``(State 
Only: Located in any Ozone Nonattainment Area or Attainment Maintenance 
Area)'' at II.C.1; Section II.C.1.a.(v); Section II.C.1.c; and Section 
II.C.1.d.
    (D) 5 CCR 1001-9, Colorado Regulation No. 7, ``Control of Ozone Via 
Ozone Precursors (Emissions of Volatile Organic Compounds and Nitrogen 
Oxides),'' Sections I through XI and XIII through XVI, effective January 
30, 2009, except for the following: Section I.A.1.b; Section I.B.1.b; 
Section I.B.2.b; Section I.B.2.d; Section II.A.12; Section II.C.1; and 
the repeal of Section II.D.
    (118) [Reserved]
    (119) The State of Colorado submitted revisions on September 16, 
1997, June 20, 2003, July 11, 2005, August 8, 2006 and August 1, 2007 to 
Colorado's 5 CCR 1001-5 Regulation Number 3, Part A, Section II. The 
August 1, 2007 submittal included a renumbering of sections in II.B and 
II.D. The incorporation by reference in (c)(119)(i)(A) reflects the 
renumbered provisions as of the August 1, 2007 submittal. Additionally, 
the State of Colorado deleted sections II.B.7., II.B.8., II.B.9., 
II.B.10., and II.D.7. without replacement. The deletion of these 
provisions has been incorporated by reference at (c)(72)(i)(F) of this 
section, the paragraph containing the original incorporation by 
reference of the provisions.
    (i) Incorporation by reference.
    (A) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air 
Pollutant Emission Notice Requirements, Part A, Concerning General 
Provisions Applicable to Reporting and Permitting, Section II, Air 
Pollutant Emission Notice (APEN) Requirements, Sections II.A, Air 
Pollutant Emission Notices for New, Modified, and Existing Sources; II. 
B, General; II.B.1, Emission Estimate; II.B.1.b, Other engineering 
calculations; II.B.2, Air Pollutant Emission Notice Term; II.B.3, APEN 
Applicability; II.B.3.a, Criteria Pollutants; II.B.4.a; II.B.4.b; 
II.B.4.c; II.B.4.d; II.B.4.e; II.B.4.f; the undesignated text 
immediately following II.B.4.f and preceding II.B.5; II.B.5; II.B.6; 
II.C, Revised Air Pollutant Emission Notices; II.C.1; II.C.1.a; 
II.C.1.h; II.C.2; II.C.2.b; II.C.3; II.D, Exemptions from Air Pollutant 
Emission Notice Requirements; II.D.1; the undesignated text immediately 
following II.D.1 and preceding II.D.1.a; II.D.1.a; II.D.1.f;

[[Page 375]]

II.D.1.g; II.D.1.h; II.D.1.i (excluding subprovisions); II.D.1.j; 
II.D.1.k; II.D.1.n; II.D.1.x; II.D.1.y; II.D.1.aa; II.D.1.bb; II.D.1.kk; 
II.D.1.nn; II.D.1.oo; II.D.1.aaa; II.D.1.bbb; II.D.1.ccc; II.D.1.fff; 
II.D.1.ggg; II.D.1.lll; the undesignated text immediately following 
II.D.1.lll and preceding II.D.1.mmm; II.D.1.nnn., II.D.1.ooo; 
II.D.1.ppp; II.D.1.qqq; II.D.1.rrr; II.D.1.vvv; II.D.1.www; II.D.1.yyy; 
II.D.1.zzz; II.D.1.aaaa; II.D.1.bbbb; II.D.1.cccc; II.D.1.dddd; II.D.2; 
II.D.3; II.D.4; II.D.5; II.D.6; effective October 30, 2006.
    (120) The State of Colorado submitted revisions on October 25, 2005 
and August 1, 2007 to Colorado's 5 CCR 1001-5 Regulation Number 3, Part 
D. The October 25, 2005 submittal included a renumbering of Regulation 
Number 3. The incorporation by reference in paragraph (c)(120)(i)(A) on 
this section reflects the renumbered sections as of the October 25, 2005 
submittal. Sections were removed from Part D between the October 25, 
2005 and August 1, 2007 submittal. The incorporation by reference in 
paragraph (c)(120)(i)(B) of this section reflects the numbering of the 
sections as of the August 1, 2007 submittal.
    (i) Incorporation by reference.
    (A) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air 
Pollutant Emission Notice Requirements, Part D, Concerning Major 
Stationary Source New Source Review and Prevention of Significant 
Deterioration, adopted April 16, 2004 and effective June 30, 2004:
    (1) Section I, Applicability, Sections I.A., General Applicability; 
I.A.1;
    (2) Section II, Definitions,
    (i) II.A;
    (ii) II.A.1, Actual Emissions; II.A.1.a (only the language that 
appears in plain or underlined text and not the language that appears as 
italicized text); II.A.1.b; II.A.1.c; II.A.1.e;
    (iii) II.A.3, Air Quality Related Value;
    (iv) II.A.5, Baseline Area;
    (v) II.A.6, Baseline Concentration;
    (vi) II.A.8, Best Available Control Technology (BACT) (the language 
that appears in plain or underlined text but not language that appears 
as italicized text, with the following exception--EPA is incorporating 
italicized text and is not incorporating underlined text when the 
combined effect of that action is to replace the phrase ``air pollutant 
regulated under the Federal Act'' (or an equivalent phrase) with the 
term ``regulated NSR pollutant'');
    (vii) II.A.12, Complete;
    (viii) II.A.16, Federal Land Manager (FLM);
    (ix) II.A.19, Innovative Control Technology;
    (x) II.A.21, Lowest Achievable Emission Rate (LAER); II.A.21.a; 
II.A.21.b (only the language that appears in plain or underlined text 
and not the language that appears as italicized text);
    (xi) II.A.23, Major Modification (the language that appears in plain 
or underlined text but not language that appears as italicized text, 
with the following exception--EPA is incorporating italicized text and 
is not incorporating underlined text when the combined effect of that 
action is to replace the phrase ``air pollutant regulated under the 
Federal Act'' (or an equivalent phrase) with the term ``regulated NSR 
pollutant''); II.A.23.b; II.A.23.c; II.A.23.d; II.A.23.d(i); 
II.A.23.d(ii); II.A.23.d(iv); II.A.23.d.(v); II.A.23.d.(vi); 
II.A.23.d.(vii); II.A.23.d.(ix); II.A.23.f;
    (xii) II.A.24, Major Source Baseline Date;
    (xiii) II.A.25, Major Stationary Source; II.A.25.a; II.A.25.c; 
II.A.25.e; II.A.25.f;
    (xiv) II.A.26, Minor Source Baseline Date;
    (xv) II.A.27, Net Emissions Increase; II.A.27.a; (the language that 
appears in plain or underlined text and the addition of the italicized 
phrase ``With respect to any regulated NSR pollutant emitted by any 
major stationary source''); II.A.27.a.(i) (only the language that 
appears in plain or underlined text and not the language that appears as 
italicized text); II.A.27.a.(ii) (only the language that appears in 
plain or underlined text and not the language that appears as italicized 
text); II.A.27.b (only the language that appears in plain or underlined 
text and not the language that appears as italicized text); II.A.27.c; 
II.A.27.c.(i); II.A.27.c(ii); II.A.27.c(iii); II.A.27.d; II.A.27.e; 
II.A.27.f; II.A.27.g; II.A.27.g.(i); II.A.27.g.(ii); II.A.27.g.(iii) 
(only the language that appears in plain or underlined text and not the 
language that appears as italicized text); II.A.27.g.(iv); II.A.27.h; 
II.A.27.j;

[[Page 376]]

II.A.27.k, Creditable Decreases for Fuel Switching;
    (xvi) II.A.40, Regulated NSR Pollutant; II.A.40.a; II.A.40.b; 
II.A.40.d; II.A.40.e;
    (xvii) II.A.43, Secondary Emissions (only the language that appears 
in plain or underlined text and not the language that appears as 
italicized text);
    (xviii) II.A.44, Significant; II.A.44.b; II.A.44.c;
    (xix) II.A.45, Significant Emissions Increase;
    (3) Section III, Permit Review Procedures;
    (4) Section IV, Public Comment Requirements;
    (5) Section V, Requirements Applicable to Nonattainment Areas, 
Sections V.A, Major Stationary Sources; V.A.1; V.A.2; V.A.3; V.A.3.d; 
V.A.4; V.A.5; V.A.6; V.A.7, Applicability of Certain Nonattainment Area 
Requirements; V.A.7.a; V.A.7.b; V.A.8, Exemptions from certain 
nonattainment area requirements;
    (6) Section VI, Requirements applicable to attainment and 
unclassifiable areas and pollutants implemented under section 110 of the 
Federal Act (Prevention of Significant Deterioration Program), Sections 
VI.A, Major Stationary Sources and Major Modifications; VI.A.1, Control 
Technology Review; VI.A.1.a; VI.A.1.b; VI.A.1.c (only the language that 
appears in plain or underlined text and not the language that appears as 
italicized text); VI.A.2, Source Impact Analysis; VI.A.3, Pre-
construction Monitoring and Analysis; VI.A.4, Post-Construction 
Monitoring; VI.A.5, Operation of Monitoring Stations; VI.A.6, Additional 
Impact Analysis (only the language that appears in plain or underlined 
text and not the language that appears as italicized text); VI.B, 
Applicability of Certain PSD Requirements; VI.B.1 through VI.B.4; 
VI.B.7; VI.C, Notice to the U.S. EPA; VI.D, Major Stationary Sources in 
attainment areas affecting nonattainment areas;
    (7) Section VII, Negligibly Reactive Volatile Organic Compounds 
(NRVOCs);
    (8) Section VIII, Area Classifications, Sections VIII.A; VIII.C; 
VIII.D;
    (9) Section IX, Redesignation;
    (10) Section X, Air Quality Limitations, Sections X.A, Ambient Air 
Increments; X.A.1, X.A.2; X.A.3; X.A.4, Periodic Review;
    (11) Section XI, Exclusions From Increment Consumption;
    (12) Section XII, Innovative Control Technology;
    (13) Section XIII, Federal Class I Areas; adopted April 16, 2004 and 
effective June 30, 2004.
    (B) Regulation 3, Stationary Source Permitting and Air Pollutant 
Emission Notice Requirements, Part D, Concerning Major Stationary Source 
New Source Review and Prevention of Significant Deterioration, Section 
II, Definitions; Sections II.A; II.A.22.a; II.A.24.d; II.A.38.c; 
II.A.42.a; adopted August 17, 2006 and effective October 30, 2006.
    (121) On August 8, 2006, the State of Colorado submitted revisions 
to Colorado's 5 CCR 1001-3, Regulation 1, that allows for the use of 
obscurants during military exercises at the Fort Carson Military Base 
and Pin[oacute]n Canyon Maneuver Site in Colorado while precautionary 
steps are taken during the exercise to maintain air quality. The State 
modified the equipment requirements and work practices (abatement and 
control measures) in Regulation 1 intended to control the emissions of 
particulates, smokes and SO2 from new and existing stationary 
sources. Consistent with its use of the term elsewhere, the State added 
the attainment/maintenance nomenclature. The revision also provides a 
new numbering scheme for each section of the regulation.
    The State adopted EPA test method 9 (part 60 of this title, Appendix 
A-4) as it is applied to Standards of Performance for Steel Plants 
(Sec. 60.275a of this title). The State revised manufacturing process 
emission rates, to clarify that the applicability of the section is to 
process equipment with a design rate of 30 tons per hour or less. The 
averaging time for emission standards of all existing sources of 
SO2 shall be a three hour rolling average. New sources of 
SO2 not specifically regulated within Regulation 1 are 
limited to two tons per day and are subject to BACT.
    (i) Incorporation by reference.
    (A) 5 CCR 1001-3, Regulation 1, Emission Control for Particulate 
Matter, Smoke, Carbon Monoxide, and Sulfur Oxides, Section I., 
Applicability: Referenced Federal Regulations; Section II.,

[[Page 377]]

Smoke and Opacity; Section III., Particulate Matter (except Subsection 
III.A.1.d.); Section IV., Continuous Emission Monitoring Requirements 
for New or Existing Sources; Section V., Emission Standards for Existing 
Iron and Steel Plant Operations; Section VI., Sulfur Dioxide Emission 
Regulations; Section VII., Emission Regulations for Certain Electric 
Generating Stations Owned and Operated by the Public Service Company of 
Colorado; Section VIII., Restrictions On The Use of Oil as a Backup 
Fuel; effective October 2, 2005.
    (122) The State of Colorado submitted revisions October 25, 2005 to 
Colorado's 5 CCR 1001-5 Regulation Number 3, Part A and Colorado's 5 CCR 
1001-5 Regulation Number 3, Part D. The October 25, 2005 submittal 
included language changes and renumbering of Regulation Number 3. The 
incorporation by reference in ((i)(A) and (i)(B) reflects the renumbered 
sections and language changes as of the October 25, 2005 submittal.
    (i) Incorporation by reference.
    (A) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air 
Contaminant Emission Notice Requirements, Part A, Concerning General 
Provisions Applicable to Reporting and Permitting, adopted April 16, 
2004 and effective June 30, 2004:
    Section I, Applicability, Sections I.B, Definitions; I.B.7, 
Allowable Emissions; I.B.13, Continuous Emissions Monitoring System 
(CEMS); I.B.14, Continuous Emissions Rate Monitoring Systems (CERMS); 
I.B.15, Continuous Parameter Monitoring System (CPMS); I.B.33, Pollution 
Prevention; I.B.35, Potential to Emit; I.B.36, Predictive Emissions 
Monitoring System (PEMS); adopted April 16, 2004 and effective June 30, 
2004.
    (B) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air 
Contaminant Emission Notice Requirements, Part D, Concerning Major 
Stationary Source New Source Review and Prevention of Significant 
Deterioration, adopted April 16, 2004 and effective June 30, 2004:
    (1) Section I, Applicability,
    (i) I.A., General Applicability; I.A.2; I.A.3;
    (ii) I.B, Applicability Tests; I.B.1; I.B.2; I.B.4 (except the final 
sentence beginning, ``For example''); I.B.5;
    (iii) I.C;
    (2) Section II, Definitions,
    (i) II.A;
    (ii) II.A; II.A.1, Actual Emissions; II.A.1.a (only the language 
that appears as plain or italicized text); II.A.1.c (only the language 
that appears as plain text); II.A.1.d;
    (iii) II.A.2, Actuals PAL;
    (iv) II.A.4, Baseline Actual Emissions;
    (v) II.A.7, Begin Actual Construction;
    (vi) II.A.9, Clean Coal Technology;
    (vii) II.A.10, Clean Coal Technology Demonstration Project;
    (viii) II.A.13, Construction;
    (ix) II.A.14, Emissions Unit;
    (x) II.A.15, Electric Utility Steam Generating Unit;
    (xi) II.A.17, High Terrain;
    (xii) II.A.18, Hydrocarbon Combustion Flare;
    (xiii) II.A.20, Low Terrain;
    (xiv) II.A.21, Lowest Achievable Emission Rate (LAER); II.A.21.b 
(only the language that appears as plain or italicized text);
    (xv) II.A.22, Major Emissions Unit;
    (xvi) II.A.23, Major Modification (only the language that appears as 
plain and italicized text); II.A.23.d.(iii); II.A.23.d(x); 
II.A.23.d(xi); II.A.23.e;
    (xvii) II.A.25, Major Stationary Source; II.A.25.b (only the 
language that appears as plain or italicized text);
    (xviii) II.A.27, Net Emissions Increase; II.A.27.a.(i) (only the 
language that appears as plain or italicized text); II.A.27.a.(ii); 
II.A.27.b; II.A.27.g.(iii) (only the language that appears as plain or 
italicized text); II.A.27.i;
    (xix) II.A.28, Nonattainment Major New Source Review (NSR) Program;
    (xx) II.A.29, PAL Effective Date;
    (xxi) II.A.30, PAL Effective Period;
    (xxii) II.A.31, PAL Major Modification;
    (xxiii) II.A.32, PAL Permit;
    (xxiv) II.A.33, PAL Pollutant;
    (xxv) II.A.34, Plantwide Applicability Limitation (PAL);
    (xxvi) II.A.36, Prevention of Significant Deterioration (PSD) 
Permit;
    (xxvii) II.A.37, Project;
    (xxviii) II.A.38, Projected Actual Emissions;
    (xxvix) II.A.39, Reactivation of Very Clean Coal-fired Electric 
Utility Steam Generating Unit;
    (xxx) II.A.41, Replacement Unit;
    (xxxi) II.A.42, Repowering;

[[Page 378]]

    (xxxii) II.A.43, Secondary Emissions;
    (xxxiii) II.A.46, Significant Emissions Unit;
    (xxxiv) II.A.47, Small Emissions Unit;
    (xxxv) II.A.48, Temporary Clean Coal Technology Demonstration 
Project;
    (3) Section V, Requirements Applicable to Nonattainment Areas, 
V.A.7.c (except for the phrases, ``a Clean Unit or at'', ``a reasonable 
possibility that'', and ``may result in a significant emissions 
increase''); V.A.7.d;
    (4) Section VI, Requirements applicable to attainment and 
unclassifiable areas and pollutants implemented under section 110 of the 
Federal Act (Prevention of Significant Deterioration Program), Sections 
VI.A.1.c (only the language that appears as plain or italicized text); 
VI.B.5 (except for the phrases, ``a Clean Unit or at'', ``a reasonable 
possibility that'', and ``may result in a significant emissions 
increase''); VI.B.6;
    (5) Section XVII, Actuals PALs; adopted April 16, 2004 and effective 
June 30, 2004.
    (123) Colorado adopted revisions to its procedural rules on January 
16, 1998 and submitted part of the revised procedural rules to EPA on 
November 5, 1999. Colorado's procedural rules govern all procedures and 
hearings before the Air Quality Control Commission (Commission) and 
certain procedures and hearings before the Air Pollution Control 
Division within the Colorado Department of Public Health and 
Environment. The revision to the Commission's procedural rules was 
intended to bring the Commission current with all applicable procedural 
requirements for their official actions. The submitted portion of the 
revision consisted of changes to Section 1.11.0 of the procedural rules. 
The section addresses requirements under section 128 of the CAA 
regarding the composition of the Commission and disclosure by its 
members of potential conflicts of interest.
    (i) Incorporation by reference.
    (A) Department of Public Health and Environment, Air Quality Control 
Commission, Procedural Rules, 5 CCR 1001-1, Section 1.11.0, State 
Implementation Plan, adopted on January 16, 1998 and effective on March 
30, 1998.
    (ii) [Reserved]

[37 FR 10855, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.320, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Note: At 75 FR 25775, May 10, 2010, Sec. 52.320 was 
amended by revising paragraph (c)(114), effective July 9, 2010; however 
the amendment could not be incorporated because that paragraph does not 
exist.



Sec. 52.321  Classification of regions.

    The revised Denver Emergency Episode Plan, adopted by the State of 
Colorado February 28, 1996, was submitted by the Governor of Colorado 
with a September 16, 1997 letter.

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


[37 FR 10855, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 44 
FR 57409, Oct. 5, 1979; 74 FR 47891, Sept. 18, 2009]

[[Page 379]]



Sec. 52.322  Extensions.

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

[60 FR 52315, Oct. 6, 1995]



Sec. 52.323  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Colorado's plan for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds that the plan satisfies all requirements of Part 
D, Title 1, of the Clean Air Act as amended in 1977, except as noted 
below.
    (b)(1) Insofar as the Prevention of Significant Deterioration (PSD) 
provisions found in this subpart apply to stationary sources of 
greenhouse gas (GHGs) emissions, the Administrator approves that 
application only to the extent that GHGs are ``subject to regulation'', 
as provided in this paragraph (b), and the Administrator takes no action 
on that application to the extent that GHGs are not ``subject to 
regulation.''
    (2) Beginning January 2, 2011, the pollutant GHGs is subject to 
regulation if:
    (i) The stationary source is a new major stationary source for a 
regulated NSR pollutant that is not GHGs, and also will emit or will 
have the potential to emit 75,000 tpy CO2e or more; or
    (ii) The stationary source is an existing major stationary source 
for a regulated NSR pollutant that is not GHGs, and also will have an 
emissions increase of a regulated NSR pollutant, and an emissions 
increase of 75,000 tpy CO2e or more; and
    (3) Beginning July 1, 2011, in addition to the provisions in 
paragraph (b)(2) of this section, the pollutant GHGs shall also be 
subject to regulation:
    (i) At a new stationary source that will emit or have the potential 
to emit 100,000 tpy CO2e; or
    (ii) At an existing stationary source that emits or has the 
potential to emit 100,000 tpy CO2e, when such stationary 
source undertakes a physical change or change in the method of operation 
that will result in an emissions increase of 75,000 tpy CO2e 
or more.
    (4) For purposes of this paragraph (b)--
    (i) the term greenhouse gas shall mean the air pollutant defined in 
40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases: 
Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, 
perfluorocarbons, and sulfur hexafluoride.
    (ii) the term tpy CO2 equivalent emissions 
(CO2e) shall represent an amount of GHGs emitted, and shall 
be computed as follows:
    (A) Multiplying the mass amount of emissions (tpy), for each of the 
six greenhouse gases in the pollutant GHGs, by the gas's associated 
global warming potential published at Table A-1 to subpart A of 40 CFR 
part 98--Global Warming Potentials.
    (B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this 
section for each gas to compute a tpy CO2e.
    (iii) the term emissions increase shall mean that both a significant 
emissions increase (as calculated using the procedures in paragraphs 
I.A.2. through I.A.3, and I.B of Part D of Colorado's Air Quality 
Commission's Regulation Number 3) and a significant net emissions 
increase (as defined in paragraphs II.A.26 and II.A.42.a of Part D of 
Colorado's Air Quality Commission's Regulation Number 3) occur. For the 
pollutant GHGs, an emissions increase shall be based on tpy 
CO2e, and shall be calculated assuming the pollutant GHGs is 
a regulated NSR pollutant, and ``significant'' is defined as 75,000 tpy 
CO2e instead of applying the value in paragraph II.A.42.b of 
Part D of Colorado's Air Quality Commission's Regulation Number 3.

[75 FR 82553, Dec. 30, 2010]



Sec. 52.324  Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met 
since the State lacks the authority to require owners or operators of 
stationary sources to install, maintain, and use emission monitoring 
devices and to make periodic reports to the State on the nature and 
amounts of emissions from such stationary sources.

[[Page 380]]

    (b) Delegation of authority: Pursuant to section 114 of the Act, 
Colorado requested a delegation of authority to enable it to require 
sources to install and maintain monitoring equipment and to report 
periodically on the nature and amount of their emissions. The 
Administrator has determined that Colorado is qualified to receive a 
delegation of the authority it requested. Accordingly, the Administrator 
delegates to Colorado his authority under section 114(a)(1)(B) and (C) 
of the Act, i.e., authorityto require sources within the State of 
Colorado to install and maintain monitoring equipment and to report 
periodically on the nature and amount of their emissions.

[37 FR 10855, May 31, 1972, as amended at 46 FR 24182, Apr. 30, 1981; 51 
FR 40676, Nov. 7, 1986; 62 FR 2914, Jan. 21, 1997]



Sec. 52.325  [Reserved]



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

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

[60 FR 40291, Aug. 8, 1995]



Sec. Sec. 52.327-52.328  [Reserved]



Sec. 52.329  Rules and regulations.

    (a) On January 14, 1993, the Governor of Colorado submitted 
revisions to the State's nonattainment new source review permitting 
regulations to bring the State's regulations up to date with the 1990 
Amendments to the Clean Air Act. With these revisions, the State's 
regulations satisfy the part D new source review permitting requirements 
for the following nonattainment areas: the Canon City, Lamar, Pagosa 
Springs, Aspen, Telluride, and Steamboat Springs moderate 
PM10 nonattainment areas, the Denver/Metro Boulder, Longmont, 
Colorado Springs, and Fort Collins moderate carbon monoxide 
nonattainment areas, the Greeley not classified carbon monoxide 
nonattainment area, and the Denver transitional ozone nonattainment 
area.
    (b) On January 14, 1993 and on August 25, 1994, the Governor of 
Colorado submitted revisions to the State's nonattainment new source 
review permitting regulations to bring the State's regulations up to 
date with the 1990 Amendments to the Clean Air Act. With these 
revisions, the State's regulations satisfy the part D new source review 
permitting requirements for the Denver metropolitan moderate PM-10 
nonattainment area.
    (c) A revision to the State Implementation Plan was submitted by the 
State of Colorado on July 31, 2002. The submittal revises the Common 
Provisions regulation by adding affirmative defense provisions for 
source owners and operators for excess emissions during periods of 
startup and shutdown. The affirmative defense provisions are contained 
in section II.J. As indicated in 40 CFR 52.320(c)(109), EPA approved the 
affirmative defense provisions contained in sections II.J.1 through 
II.J.4 of the Common Provisions regulation, adopted August 16, 2001 and 
effective September 30, 2001. Section II.J.5 of the Common Provisions 
regulation, adopted August 16, 2001 and effective September 30, 2001, is 
disapproved.
    (d) On August 7, 2007, the Colorado submitted two packages with 
revisions to Colorado's Regulation 3 Regulation, 5 CCR 1001-5, Part A. 
One change adopts language to treat nitrogen dioxide as an ozone 
precursor. The State also adopted an increase in fees used to pay for 
the State's increased workload from the processing of Air Pollutant 
Emission Notices (APENs) and permits. Annual and permit processing fees 
shall be $16.54 for regulated pollutants and $114.96 for Hazardous Air 
Pollutants. One grammatical change was made to the text of Part A, 
Section 1.B.9.d:

[[Page 381]]

    (1) Regulation 3, 5 CCR 1001-5, Air Contaminant Emissions Notices, 
Part A, Concerning General Provisions Applicable to Reporting and 
Permitting, Section I, Applicability, Section I.B.9.d, Applicable 
Requirement, effective October 2006: Any standard or other requirement 
under section 112 of the Federal Act (hazardous air pollutants, 
including any requirement concerning accident prevention under section 
112(r)(7) of the Federal Act) (Regulation No. 8) but not including the 
contents of any risk management plan required under section 112(r) of 
the Federal Act.
    (2) Regulation 3, 5 CCR 1001-5, Air Contaminant Emissions Notices, 
Part A, Concerning General Provisions Applicable to Reporting and 
Permitting, Section I, Applicability, Section I.B.16, Criteria 
Pollutants, effective October 2006:
    (i) Those pollutants for which the U.S. EPA has established national 
ambient air quality standards, including: carbon monoxide, nitrogen 
dioxide (direct emissions and as a precursor to ozone), sulfur dioxide, 
PM10, total suspended particulate matter, ozone, volatile organic 
compounds (as a precursor to ozone), and lead.
    (ii) For the purpose of Air Pollutant Emission Notice reporting, 
criteria pollutants shall also include nitrogen oxides, fluorides, 
sulfuric acid mist, hydrogen sulfide, total reduced sulfur, reduced 
sulfur compounds, municipal waste combustor organics, municipal waste 
combustor metals, and municipal waste combustor acid gases.
    (3) Regulation 3, 5 CCR 1001-5, Air Contaminant Emissions Notices, 
Part A, Concerning General Provisions Applicable to Reporting and 
Permitting, Section VI Fees; Section VI.D.1, Fee Schedule, effective 
February 2007: Annual and permit processing fees shall be charged in 
accordance with and in the amounts specified in the provisions of 
Colorado Revised Statues section 25-7-114.7. Annual fees for regulated 
pollutants shall be $16.54. Annual fees for hazardous air pollutants 
shall be $114.96.
    (e) The State of Colorado submitted revisions on September 16, 1997, 
June 20, 2003, July 11, 2005, August 8, 2006 and August 1, 2007 to 
Colorado's 5 CCR 1001-5 Regulation Number 3, Part A, Section II. One of 
the revisions deleted two provisions from Section II and moved them to 
Section I of Regulation Number 3, Part A. The revised regulatory 
provisions read as follows:
    (1) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air 
Pollutant Emission Notice Requirements, Part A, Concerning General 
Provisions Applicable to Reporting and Permitting, Section I, 
Applicability, Section I.B.16, Criteria Pollutants,; effective June 30, 
2004:
    (i) Those pollutants for which the U.S. EPA has established national 
ambient air quality standards, including: carbon monoxide, nitrogen 
dioxide, sulfur dioxide, PM10, total suspended particulate 
matter, ozone, volatile organic compounds (as a precursor to ozone), and 
lead. For the purposes of Air Pollutant Emission Notice reporting, 
criteria pollutants shall also include nitrogen oxides, fluorides, 
sulfuric acid mist, hydrogen sulfide, total reduced sulfur, reduced 
sulfur compounds, municipal waste combustor organics, municipal waste 
combustor metals, and municipal waste combustor acid gases.
    (2) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air 
Pollutant Emission Notice Requirements, Part A, Concerning General 
Provisions Applicable to Reporting and Permitting, Section I, 
Applicability, Section I.B.43, Uncontrolled Actual Emissions; effective 
June 30, 2004:
    (i) The annual emission rate corresponding to the annual process 
rate listed on the Air Pollutant Emission Notice form, without 
consideration of any emission control equipment or procedures. The 
division may allow a source to forego calculating or estimating its 
uncontrolled actual emissions of hazardous air pollutants upon a showing 
by the source and a determination by the division that the creation of 
such data is unreasonably costly, technically impractical or not 
reasonably related to information necessary for making regulatory 
decisions

[[Page 382]]

with respect to that source. The division's final determination may be 
appealed to the commission by the source.

[59 FR 64336, Dec. 14, 1994, as amended at 62 FR 2914, Jan. 21, 1997; 62 
FR 68195, Dec. 31, 1997; 71 FR 8961, Feb. 22, 2006; 76 FR 51905, Aug. 
19, 2011; 76 FR 61056, Oct. 3, 2011]



Sec. 52.330  Control strategy: Total suspended particulates.

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

[46 FR 26302, May 12, 1981]



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

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

[54 FR 43178, Oct. 23, 1989]



Sec. 52.332  Control strategy: Particulate matter.

    (a) On April 9, 1992, the Governor of Colorado submitted the 
moderate PM-10 nonattainment area plan for the Canon City area. The 
submittal was made to satisfy those moderate PM-10 nonattainment area 
SIP requirements which were due for Canon City on November 15, 1991.
    (b)(1) On February 24, 1992, and December 9, 1993, the Governor of 
Colorado submitted the moderate PM-10 nonattainment area plan for the 
Pagosa Springs area. The submittal was made to satisfy those moderate 
PM-10 nonattainment area SIP requirements which were due for Pagosa 
Springs on November 15, 1991.
    (2) On August 2, 1996, the Governor of Colorado submitted minor 
revisions to the Pagosa Springs Element of the Colorado PM-10 SIP.
    (c) On May 27, 1993, the Governor of Colorado submitted the moderate 
PM-10 nonattainment area plan for the Lamar area. The submittal was made 
to satisfy those moderate PM-10 nonattainment area SIP requirements 
which were due for Lamar on November 15, 1991.
    (d) On December 9, 1993, the Governor of Colorado submitted 
PM10 contingency measures for the moderate PM10 
nonattainment areas of Canon City, Lamar, and Pagosa Springs. The 
submittal was made to satisfy the moderate PM10 nonattainment 
area requirements for contingency measures due for Canon City, Lamar, 
and Pagosa Springs on November 15, 1993.
    (e)(1) On January 15, 1992, March 17, 1993, and December 9, 1993, 
the Governor of Colorado submitted the moderate PM-10 nonattainment area 
plan for the Aspen area. The submittals were made to satisfy those 
moderate PM-10 nonattainment area SIP requirements which were due for 
Aspen on November 15, 1991. The December 9, 1993 submittal was also made 
to satisfy the PM-10 contingency measure requirements which were due for 
Aspen on November 15, 1993.
    (2) On March 13, 1995, the Governor of Colorado submitted minor 
revisions to the Aspen Element of the Colorado PM-10 SIP.
    (f) On March 30, 1995, and November 17, 1995, the Governor of 
Colorado submitted the moderate PM10 nonattainment area plan 
for the Denver area. The March 30, 1995 submittal was made to satisfy 
those moderate PM10 nonattainment area SIP requirements due 
for the Denver PM10 nonattainment

[[Page 383]]

area on November 15, 1991. The November 17, 1995 submittal was also made 
to satisfy the PM10 contingency measure requirements which 
were due for Denver on November 15, 1993.
    (g) On March 17, 1993, December 9, 1993, and April 22, 1996, the 
Governor of Colorado submitted the moderate PM10 
nonattainment area plan for Telluride. The submittals were made to 
satisfy those moderate PM10 nonattainment area SIP 
requirements which were due for Telluride on November 15, 1991. The 
December 9, 1993 submittal was also made to satisfy the PM10 
contingency measure requirements which were due for Telluride on 
November 15, 1993.
    (h) On September 16, 1997 the Governor of Colorado submitted the 
moderate PM10 nonattainment area plan for Steamboat Springs. 
The submittal was made to satisfy those moderate PM10 
nonattainment area SIP requirements which were due for Steamboat Springs 
on July 20, 1995.
    (i) On September 22, 1997, the State of Colorado submitted a 
maintenance plan for the Canon City PM10 nonattainment area and 
requested that the area be redesignated to attainment for the PM10 
National Ambient Air Quality Standards. An April 24, 2000 letter from 
Margie Perkins, Director, Colorado Air Pollution Control Division, to 
Richard Long, Director, EPA Region VIII Air and Radiation Program, was 
sent to clarify the requirements of the contingency plan section of the 
Canon City maintenance plan. The redesignation request and maintenance 
plan satisfy all applicable requirements of the Clean Air Act.
    (j) On May 10, 2000, the State of Colorado submitted maintenance 
plans for the Telluride and Pagosa Springs PM10 nonattainment 
areas and requested that these areas be redesignated to attainment for 
the PM10 National Ambient Air Quality Standards. The 
redesignation requests and maintenance plans satisfy all applicable 
requirements of the Clean Air Act.
    (k) Determination--EPA has determined that the Steamboat Springs 
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.
    (l) On July 30, 2001, the State of Colorado submitted a maintenance 
plan for the Denver PM10 nonattainment area (``PM-10 
Redesignation Request and Maintenance Plan For the Denver Metropolitan 
Area,'' Chapter 4: ``Maintenance Plan,'' adopted April 19, 2001 by the 
Colorado Air Quality Control Commission and effective April 19, 2001) 
and requested that the area be redesignated to attainment for the 
PM10 National Ambient Air Quality Standards. The 
redesignation request and maintenance plan satisfy all applicable 
requirements of the Clean Air Act.
    (m) On November 9, 2001, the State of Colorado submitted a 
maintenance plan for the Aspen PM10 nonattainment area and 
requested that this area be redesignated to attainment for the 
PM10 National Ambient Air Quality Standards. The 
redesignation request and maintenance plan satisfy all applicable 
requirements of the Clean Air Act.
    (n) On July 31, 2002, the State of Colorado submitted a maintenance 
plan for the Steamboat Springs PM10 nonattainment area and 
requested that this area be redesignated to attainment for the 
PM10 National Ambient Air Quality Standards. The 
redesignation request and maintenance plan satisfies all applicable 
requirements of the Clean Air Act.
    (o) On July 31, 2002, the State of Colorado submitted a maintenance 
plan for the Lamar PM10 nonattainment area and requested that 
this area be redesignated to attainment for the PM10 National 
Ambient Air Quality Standards. The redesignation request and maintenance 
plan satisfy all applicable requirements of the Clean Air Act.
    (p) Revisions to the Colorado State Implementation Plan, PM10 
Revised Maintenance Plan for Denver, as adopted by the Colorado Air 
Quality Control Commission on December 15, 2005, State effective on 
March 2, 2006, and submitted by the Governor's designee on September 25, 
2006. The revised maintenance plan satisfies all applicable requirements 
of the Clean Air Act.

[58 FR 68038, Dec. 23, 1993]

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

[[Page 384]]

Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. Sec. 52.333-52.342  [Reserved]



Sec. 52.343  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met for the following categories of sources for preventing 
the significant deterioration of air quality:
    (1) Sources locating on Indian lands.
    (2) Sources locating on Indian Reservations.
    (3) Sources which constructed prior to September 2, 1986 and which 
have not otherwise subjected themselves to Colorado's PSD permitting 
regulations after September 2, 1986, either through application to 
Colorado for a PSD permit (in the case of those sources which improperly 
constructed without obtaining a PSD permit) or through application to 
Colorado for a major modification to the source.
    (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 Colorado for the sources identified in paragraph (a) of this 
section as not meeting the requirements of sections 160-165 of the Clean 
Air Act.
    (c) The State of Colorado has clarified the generalized language 
contained in the Colorado Air Quality Control Regulations on the use of 
``applicable air quality models.'' In a letter to Douglas M. Skie, EPA, 
dated May 19, 1989, Bradley J. Beckham, Director of the Air Pollution 
Control Division stated:

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

[51 FR 31126, Sept. 2, 1986, and 52 FR 4622, Feb. 13, 1987, as amended 
at 52 FR 22638, June 15, 1987; 54 FR 27881, July 3, 1989; 57 FR 27000, 
June 17, 1992; 59 FR 42506, Aug. 18, 1994; 62 FR 2914, Jan. 21, 1997; 62 
FR 13336, Mar. 20, 1997; 68 FR 11322, Mar. 10, 2003; 68 FR 74488, Dec. 
24, 2003]



Sec. 52.344  Visibility protection.

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

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



Sec. 52.345  Stack height regulations.

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

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

[54 FR 24340, June 7, 1989]



Sec. 52.346  Air quality monitoring requirements.

    In a letter and submittal dated July 7, 1993, from the Governor of 
Colorado to the EPA Region VIII Administrator,

[[Page 385]]

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

[58 FR 49435, Sept. 23, 1993]



Sec. 52.347  [Reserved]



Sec. 52.348  Emission inventories.

    (a) The Governor of the State of Colorado submitted the 1990 carbon 
monoxide base year emission inventories for the Colorado Springs, 
Denver/Longmont, and Fort Collins nonattainment areas on December 31, 
1992, as a revision to the State Implementation Plan (SIP). The Governor 
submitted revisions to the Colorado Springs and Fort Collins inventories 
by a letter dated March 23, 1995. The Governor submitted revisions to 
the Denver/Longmont inventory by letters dated July 11, 1994, and 
October 21, 1994. The inventories address emissions from point, area, 
on-road mobile, and non-road sources. These 1990 base year carbon 
monoxide inventories satisfy the requirements of section 187(a)(1) of 
the Clean Air Act for each of these nonattainment areas.
    (b) On September 16, 1997, the Governor of Colorado submitted the 
1993 Carbon Monoxide Periodic Emission Inventories for Colorado Springs, 
Denver, Fort Collins, and Longmont as revisions to the Colorado State 
Implementation Plan. These inventories address carbon monoxide emissions 
from stationary point, area, non-road mobile, and on-road mobile 
sources.
    (c) On September 16, 1997, the Governor of Colorado submitted the 
1990 Carbon Monoxide Base Year Emission Inventory for Greeley as a 
revision to the Colorado State Implementation Plan. This inventory 
addresses carbon monoxide emissions from stationary point, area, non-
road, and on-road mobile sources.
    (d) On May 10, 2000, the Governor of Colorado submitted the 1996 
Carbon Monoxide Periodic Emission Inventories for Denver and Fort 
Collins, as a revision to the Colorado State Implementation Plan. The 
inventories address carbon monoxide emissions from stationary point, 
area, non-road mobile, and on-road mobile sources.

[61 FR 67469, Dec. 23, 1996, as amended at 63 FR 38089, July 15, 1998; 
64 FR 11782, Mar. 10, 1999; 65 FR 63548, Oct. 24, 2000]



Sec. 52.349  Control strategy: Carbon monoxide.

    (a) Revisions to the Colorado State Implementation Plan, Carbon 
Monoxide Redesignation Request and Maintenance Plan for Greeley, as 
adopted by the Colorado Air Quality Control Commission on September 19, 
1996, State effective November 30, 1996, and submitted by the Governor 
on September 16, 1997.
    (b) On June 25, 1996, the Governor of Colorado submitted a revision 
to the Colorado Springs element of the carbon monoxide (CO) portion of 
the Colorado State Implementation Plan (SIP). The revision to the 
Colorado Springs element was submitted to satisfy certain requirements 
of part D and section 110 of the Clean Air Act (CAA) as amended 1990. 
The revision substitutes Colorado's oxygenated gasoline program for the 
Colorado Springs bus purchase program as a source of emissions 
reductions credits in the Colorado Springs CO element of the SIP. This 
revision removes the bus purchase program from the EPA-approved SIP. EPA 
originally approved the bus purchase program as part of the Colorado 
Springs CO element of the SIP on December 12, 1983 (48 FR 55284).
    (c) Revisions to the Colorado State Implementation Plan, Carbon 
Monoxide Redesignation Request and Maintenance Plan for Colorado 
Springs, as adopted by the Colorado Air Quality Control Commission on 
January 15, 1998, State effective March 30, 1998, and submitted by the 
Governor on August 19, 1998. The Maintenance Plan removes the Clean Air 
Campaign from the SIP. The Clean Air Campaign was approved into the SIP 
at 40 CFR 52.320(c)(43)(i)(A).

[[Page 386]]

    (d) Revisions to the Colorado State Implementation Plan, Carbon 
Monoxide Redesignation Request and Maintenance Plan for Longmont, as 
adopted by the Colorado Air Quality Control Commission on December 18, 
1997, State effective March 2, 1998, and submitted by the Governor on 
August 19, 1998.
    (e) Revisions to the Colorado State Implementation Plan, Carbon 
Monoxide Revised Maintenance Plan for Colorado Springs, as adopted by 
the Colorado Air Quality Control Commission on February 17, 2000, State 
effective April 30, 2000, and submitted by the Governor on May 10, 2000.
    (f) Determination. EPA has determined that the Denver carbon 
monoxide ``serious'' nonattainment area attained the carbon monoxide 
national ambient air quality standard by December 31, 2000. This 
determination is based on air quality monitoring data from 1998, 1999, 
and 2000.
    (g) Revisions to the Colorado State Implementation Plan, carbon 
monoxide NAAQS Redesignation Request and Maintenance Plan for Denver 
entitled ``Carbon Monoxide Redesignation Request and Maintenance Plan 
for the Denver Metropolitan Area, ``excluding Chapter 1, Chapter 2, and 
Appendix C, as adopted by the Colorado Air Quality Control Commission on 
January 10, 2000, State effective March 1, 2000, and submitted by the 
Governor on May 10, 2000.
    (h) Revisions to the Colorado State Implementation Plan, carbon 
monoxide NAAQS Redesignation Request and Maintenance Plan for Fort 
Collins entitled ``Carbon Monoxide Redesignation Request and Maintenance 
Plan for the Fort Collins Area,'' excluding Part I--Chapter 1 and Part 
I--Chapter 2, as adopted by the Colorado Air Quality Control Commission 
on July 18, 2002, State effective September 30, 2002, and submitted by 
the Governor on August 9, 2002.
    (i) Revisions to the Colorado State Implementation Plan, revised 
Carbon Monoxide Maintenance Plan for Denver, as adopted by the Colorado 
Air Quality Control Commission on June 19, 2003, State effective on 
August 30, 2003, and submitted by the Governor on October 15, 2003.
    (j) Revisions to the Colorado State Implementation Plan, carbon 
monoxide NAAQS, revised maintenance plan for Colorado Springs entitled 
``Revised Carbon Monoxide Maintenance Plan for the Colorado Springs 
Attainment/Maintenance Area'', as adopted by the Colorado Air Quality 
Control Commission on December 18, 2003, State effective March 1, 2004, 
and submitted by the Governor on April 12, 2004.
    (k) Revisions to the Colorado State Implementation Plan, carbon 
monoxide NAAQS, revised maintenance plan for Longmont entitled ``Revised 
Carbon Monoxide Maintenance Plan for the Longmont Attainment/Maintenance 
Area'', as adopted by the Colorado Air Quality Control Commission on 
December 18, 2003, State effective March 1, 2004, and submitted by the 
Governor on April 12, 2004.
    (l) Revisions to the Colorado State Implementation Plan entitled 
``Revised Carbon Monoxide Maintenance Plan for the Greeley Attainment/
Maintenance Area,'' as adopted by the Colorado Air Quality Control 
Commission on December 19, 2002, and submitted by the Governor on June 
20, 2003.
    (m) Revisions to the Colorado State Implementation Plan, revised 
Carbon Monoxide Maintenance Plan for Denver, as adopted by the Colorado 
Air Quality Control Commission on December 15, 2005, State effective on 
March 2, 2006, and submitted by the Governor's designee on September 25, 
2006.
    (n) Revisions to the Colorado State Implementation Plan, revised 
Carbon Monoxide Maintenance Plan for Longmont, as adopted by the 
Colorado Air Quality Control Commission on December 15, 2005, State 
effective on March 2, 2006, and submitted by the Governor's designee on 
September 25, 2006.

[64 FR 11782, Mar. 10, 1999, as amended at 64 FR 17105, Apr. 8, 1999; 64 
FR 46288, Aug. 25, 1999; 64 FR 51701, Sept. 24, 1999; 65 FR 80783, Dec. 
22, 2000; 66 FR 34116, June 27, 2001; 66 FR 64757, Dec. 14, 2001; 68 FR 
35791, June 17, 2003; 68 FR 43325, July 22, 2003; 69 FR 54025, Sept. 7, 
2004; 69 FR 55759, Sept. 16, 2004; 69 FR 58269, Sept. 30, 2004; 70 FR 
48652, Aug. 19, 2005; 72 FR 46157, Aug. 17, 2007]

[[Page 387]]



Sec. 52.350  Control strategy: Ozone.

    (a) Revisions to the Colorado State Implementation Plan, 1-hour 
ozone NAAQS Redesignation Request and Maintenance Plan for Denver 
entitled ``Ozone Redesignation Request and Maintenance Plan for the 
Denver Metropolitan Area,'excluding Chapter 1 and Appendix B, as adopted 
by the Colorado Air Quality Control Commission on January 11, 2001, 
State effective March 4, 2001, and submitted by the Governor on May 7, 
2001.
    (b) Revisions to the Colorado State Implementation Plan, 8-hour 
ozone NAAQS Early Action Compact plan for the metropolitan Denver area 
entitled ``Early Action Compact Ozone Action Plan,'' excluding sections 
entitled ``Introduction'' and ``Ozone Monitoring Information,'' as 
adopted by the Colorado Air Quality Control Commission on March 12, 
2004, and submitted by the Governor to us on July 21, 2004.
    (c) Revisions to the Colorado State Implementation Plan for the 1997 
8-hour ozone NAAQS entitled ``Denver Metro Area & North Front Range 8-
Hour Ozone Attainment Plan,'' excluding the last paragraph on page IV-1, 
the first paragraph on page IV-2, the words ``federally enforceable'' in 
the second to last paragraph on page V-6, and the reference to 
Attachment A in the Table of Contents and on page IV-3, as adopted by 
the Colorado Air Quality Control Commission on December 12, 2008, and 
submitted by the Governor to EPA on June 18, 2009.

[66 FR 47092, Sept. 11, 2001, as amended at 70 FR 48654, Aug. 19, 2005; 
76 FR 47451, Aug. 5, 2011]



Sec. 52.351  United States Postal Service substitute Clean Fuel Fleet Program.

    Revisions to the Colorado State Implementation Plan, carbon monoxide 
NAAQS, United States Postal Service substitute clean-fuel vehicle 
program, as allowed under section 182(c)(4)(B) of the Clean Air Act, to 
address the requirements of section 246 of the Clean Air Act for the 
Denver Metropolitan carbon monoxide nonattainment area. The revisions 
were adopted by the Colorado Air Quality Control Commission on March 16, 
2000, State effective May 30, 2000, and submitted by the Governor on May 
7, 2001. Administrative corrections to the Governor's May 7, 2001, 
submittal were submitted by the Colorado Attorney General's office on 
May 30, 2001.

[66 FR 64758, Dec. 14, 2001]



Sec. 52.352  Interstate transport.

    (a) Addition to the Colorado State Implementation Plan of the 
Colorado Interstate Transport regarding the 1997 8-Hour Ozone Standard 
for the ``significant contribution,'' the ``interference with 
maintenance'' requirements, and the addition of ``interference with 
visibility protection'' requirements regarding the 1997 8-Hour Ozone and 
PM2.5 Standards, submitted by the Governor's designee on June 
18, 2009 and March 31, 2010.
    (b) Addition to the Colorado State Implementation Plan of the 
Colorado Interstate Transport SIP regarding the 1997 8-Hour Ozone and 
1997 PM2.5 Standards for the ``interference with prevention 
of significant deterioration'' requirement, and the addition of the 
``significant contribution'' and ``interference with maintenance'' 
requirements regarding the 1997 PM2.5 Standards, submitted by 
the Governor's designee on March 31, 2010.

[77 FR 1039, Jan. 9, 2012]



Sec. 52.353  Section 110(a)(2) infrastructure requirements.

    On January 7, 2008, James B. Martin, Executive Director of the 
Colorado Department of Public Health and Environment for the state of 
Colorado, submitted a certification letter which provides the state of 
Colorado's SIP provisions for meeting the requirements of CAA Section 
110(a)(1) and (2) relevant to the 1997 8-hour ozone NAAQS. The State's 
1997 Ozone Infrastructure SIP is approved with respect to the 
requirements of the following elements of section 110(a)(2) of the CAA 
for the 1997 8-hour ozone NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G), 
(H), (J), (K), (L), and (M).

[77 FR 21452, Apr. 10, 2012]

[[Page 388]]



                          Subpart H_Connecticut



Sec. 52.369  [Reserved]



Sec. 52.370  Identification of plan.

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

[[Page 389]]

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

[[Page 390]]

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

[[Page 391]]

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

[[Page 392]]

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

[[Page 393]]

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

[[Page 394]]

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

[[Page 395]]

No. 1073B was effective on February 14, 1992.
    (C) Letter from the Connecticut Department of Environmental 
Protection dated March 24, 1992, submitting a revision to the 
Connecticut State Implementation Plan.
    (D) State Order No. 7016A and attached compliance timetable for the 
Hartford Hospital of Hartford, CT. State Order No. 7016A was effective 
on February 5, 1992.
    (ii) Additional materials. (A) Memorandum dated August 17, 1989, 
approving the modeling analysis for the Stone Container Co.
    (B) Modeling Study dated August 9, 1989, for the Stone Container Co.
    (C) State Order No 1073A, dated June 12, 1990, and effective July 9, 
1990.
    (D) Memorandum dated January 3, 1990, approving the modeling 
analysis for the Hartford Hospital.
    (E) Modeling study dated December 28, 1989, for the Hartford 
Hospital.
    (60) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on February 16, 1996.
    (i) Incorporation by reference. (A) Letter from the Connecticut 
Department of Environmental Protection dated February 16, 1996, 
submitting a revision to the Connecticut State Implementation Plan.
    (B) State Order No. 8010 dated October 25, 1989 for Sikorsky 
Aircraft Corporation, effective on January 29, 1990, as well as Addendum 
A and Addendum B to Order No. 8010, effective on February 7, 1996 and 
September 29, 1995, respectively. The State order and two addenda define 
and impose RACT on certain VOC emissions at Sikorsky Aircraft 
Corporation in Stratford, Connecticut
    (61) Revisions to the State Implemetation Plan submitted by the 
Connecticut Department of Environmental Protection on February 28, 1991.
    (i) Incorporation by reference. (A) Letter from the Connecticut 
Department of Environmental Protection dated February 28, 1991, 
submitting a revision to the Connecticut State Implementation Plan.
    (B) State Order No. 7017 and attached compliance timetable for the 
Connecticut Light and Power Company of Montville, Connecticut. State 
Order No. 7017 was effective on February 25, 1991.
    (ii) Additional materials. (A) Memorandum dated September 14, 1990, 
approving the modeling analysis for Connecticut Light and Power.
    (B) Letter dated April 23, 1991, confirming that the revised 
configuration approved by State Order No. 7017 will not lead to 
violations.
    (C) Modeling Study dated January 26, 1990, for Connecticut Light and 
Power.
    (62) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on January 12, 1993.
    (i) Incorporation by reference. (A) Letter from the Connecticut 
Department of Environmental Protection, dated January 12, 1993, 
submitting a revision to the Connecticut State Implementation Plan.
    (B) Section 22a-174-30 of the Connecticut Regulations for the 
Abatement of Air Pollution, entitled ``Dispensing of Gasoline/Stage II 
Vapor Recovery,'' dated November 1992.
    (C) Letter from the Connecticut Secretary of State's office 
indicating that the regulation entitled ``Dispensing of Gasoline/Stage 
II Vapor Recovery'' became effective on November 24, 1992.
    (ii) Additional materials. (A) Nonregulatory portions of the 
submittal.
    (B) Connecticut Department of Environmental Protection document 
entitled ``Narrative of SIP Revision: Stage II Vapor Recovery,'' dated 
January 1993.
    (63) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on March 11, 1993.
    (i) Incorporation by reference. (A) Letter from the Connecticut 
Department of Environmental Protection dated March 11, 1993, submitting 
a revision to the Connecticut State Implementation Plan.
    (B) Connecticut State Order No 7019 dated March 11, 1993, and 
effective in the State of Connecticut on February 19, 1993.
    (ii) Additional materials. (A) Air Quality Modeling Analysis to 
Demonstrate SO2 CAAQS/NAAQS Compliance at the Hamilton 
Standard Division of United

[[Page 396]]

Technologies Corporation Windsor Locks CT; June 1991.
    (64) [Reserved]
    (65) Revisions to the State Implementation Plan establishing a Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program were submitted by the Connecticut Department of 
Environmental Protection on January 12 and August 9, 1993.
    (i) Incorporation by reference. (A) Letter from the Connecticut 
Department of Environmental Protection dated January 12, 1993, 
submitting a revision to the Connecticut State Implementation Plan.
    (B) Revisions to the State Implementation Plan for the Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program dated January 1993 and effective on January 12, 1993.
    (C) Letter from the Connecticut Department of Environmental 
Protection dated August 9, 1993, clarifying and updating the January 12, 
1993, submittal.
    (ii) Additional materials. (A) Letter from the Connecticut 
Department of Environmental Protection dated April 6, 1994, clarifying 
the January 12, 1993, submittal.
    (B) Other non-regulatory portions of the State's submittal.
    (66) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on January 12, 1993.
    (i) Incorporation by reference. (A) Letter from the Connecticut 
Department of Environmental Protection dated January 12, 1993 submitting 
a revision to the Connecticut State Implementation Plan.
    (B) Section 22a-174-4(c)(1) of Connecticut Regulations for the 
Abatement of Air Pollution, under the section entitled ``Recordkeeping 
and Reporting.'' Section 22a-174-4(c)(1) was previously numbered as 19-
508-4(c)(1) in Connecticut's SIP. 19-508-4(c)(1) in Connecticut's SIP. 
19-508-4 became effective in the State of Connecticut on October 31, 
1977. Connecticut developed an emission statement program using the 
existing regulatory authority given by section 22a-174-4(c)(1) under the 
section entitled ``Reporting and Recordkeeping''.
    (ii) Additional information. (A) State implementation Plan narrative 
entitled ``Revision to State Implementation Plan for Air Quality 
Emission Statements'' which addresses emission statement requirements 
not discussed specifically in Section 22a-174-4(c)(1).
    (B) Nonregulatory portions of the submittal.
    (67) [Reserved]
    (68) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on March 24, 1994, 
May 20, 1994, and March 4, 1994.
    (i) Incorporation by reference. (A) Letter from the Connecticut 
Department of Environmental Protection dated March 24, 1994 submitting a 
revision to the Connecticut State Implementation Plan.
    (B) Letter from the Connecticut Department of Environmental 
Protection dated May 20, 1994 submitting a supplemental revision to the 
Connecticut State Implementation Plan.
    (C) State Order No. 8073: State of Connecticut vs. City of New Haven 
(effective September 24, 1993) and attached plan titled ``Remedial 
Action Plan for Prevention of Airborne Particulate Matter and Fugitive 
Discharge of Visible Emissions in the Alabama Street/East Shore Parkway 
Area of New Haven.''
    (D) State Order No. 8074: State of Connecticut vs. Waterfront 
Enterprises, Inc. (effective November 5, 1993) and attached plan titled 
``Proposed Operation Plan in Response to Unilateral Order (September 20, 
1993).''
    (E) State Order No. 8075: State of Connecticut vs. Laydon 
Construction, (effective September 21, 1993) and attached plan titled 
``Plan for Control of Fugitive Emissions of PM10 (September 21, 1993).''
    (F) State Order No. 8076: State of Connecticut vs. United 
Illuminating Company (effective December 2, 1993) and attached plan 
titled ``Remediation Plan for Fugitive Emissions: Alabama Street and 
Connecticut Avenue, New Haven, Connecticut (November 19, 1993).''
    (G) State Order No. 8076c: State of Connecticut vs. M. J. Metals, 
Inc. (effective June 18, 1993).

[[Page 397]]

    (H) State Order No. 8078: State of Connecticut vs. New Haven 
Terminal, Inc. (effective November 15, 1993) and attached plan titled 
``Fugitive Dust Control Plan (Revised January 19, 1994).''
    (I) State Order No. 8079: State of Connecticut vs. Yankee Gas 
Services Company (effective September 24, 1993) and attached plan titled 
``Revised Compliance Plan for Consent Order No. 8079 (August 31, 
1993).''
    (J) Letter from the Connecticut Department of Environmental 
Protection dated March 4, 1994 (received March 16, 1995) submitting two 
amendments to the Regulations of Connecticut State Agencies concerning 
abatement of air pollution: amended Sections 22a-174-24(f) and -24(g) 
``Connecticut primary and secondary ambient air quality standards for 
particulate matter'' and amended Sections 22a-174-6(a) and -6(b) `` `Air 
Pollution' emergency episode procedures'' (both effective July 7, 1993).
    (K) Amended Regulations of Connecticut State Agencies: amended 
Sections 22a-174-24(f) and -24(g) ``Connecticut primary and secondary 
ambient air quality standards for particulate matter'' and amended 
Sections 22a-174-6(a) and -6(b) `` `Air Pollution' emergency episode 
procedures'' (both effective July 7, 1993).
    (ii) Additional materials. (A) An attainment plan and demonstration 
which outlines Connecticut's control strategy and for attainment and 
maintenance of the PM10 NAAQS, implements and meets RACM and RACT 
requirements, and provides contingency measures for New Haven.
    (B) Nonregulatory portions of the submittal.
    (69) Connecticut submitted the Oxygenated Gasoline Program and 
revisions on January 11, 1993, January 12, 1993, January 14, 1993, and 
August 1, 1995. This submittal satisfied the requirements of section 
211(m) of the Clean Air Act, as amended.
    (i) Incorporation by reference. (A) Letters dated January 11, 1993 
and January 12, 1993 which included the oxygenated gasoline program, 
Regulations of Connecticut State Agencies (RCSA) Section 22a-174-28, 
with an effective date of November 2, 1992.
    (B) A letter dated January 14, 1993 requesting that the RCSA Section 
22a-174-28, as submitted on January 11, 1993 and January 12, 1993, be 
adopted as part of Connecticut's SIP.
    (C) A letter dated August 1, 1995, requesting that a revision to 
RCSA Section 22a-174-28(a), with an effective date of July 26, 1995, be 
approved and adopted as part of Connecticut's SIP.
    (ii) Additional materials. (A) The Technical Support Document for 
the Redesignation of the Hartford Area as Attainment for Carbon Monoxide 
submitted on September 30, 1994.
    (B) Nonregulatory portions of submittals.
    (70) Revision to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on January 13, 1995.
    (i) Incorporation by reference. (A) Letter from the Connecticut 
Department of Environmental Protection dated January 13, 1995 submitting 
a revision to the Connecticut State Implementation Plan.
    (B) Amended Regulation of Connecticut State Agencies: amended 
Subsection 22a-174-3(k) ``Abatement of air pollution--New Source 
Review'' (effective December 2, 1994).
    (ii) Additional materials. (A) Nonregulatory portions of the 
submittal.
    (71) Revisions to the Connecticut State Implementation Plan (SIP) 
for carbon monoxide concerning the control of carbon monoxide from 
mobile sources, dated January 12, 1993, January 14, 1993, April 7, 1994, 
and August 1, 1995 submitted by the Connecticut Department of 
Environmental Protection (CT DEP).
    (i) Incorporation by reference. (A) Letter dated August 1, 1995 
which included the amendments and revisions to the Regulation of 
Connecticut State Agencies (RCSA), Section 22a-174-28(a) regarding the 
definition for the Southwestern Control Area and that portion of the 
definition of ``control period'' that applies to the Southwestern 
Control Area with an effective date of July 26, 1995.
    (ii) Additional materials. (A) January 12, 1993 and April 7, 1994, 
VMT forecasts beginning with the year 1993 and including all subsequent 
years up to the year of attainment (1995).

[[Page 398]]

    (B) January 12, 1993 and April 7, 1994, Carbon Monoxide Attainment 
Demonstration and Contingency Measures.
    (72) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on: May 18, 1995; 
August 21, 1995; January 17, 1996; January 30, 1996; January 30, 1996; 
January 30, 1996; January 30, 1996; June 17, 1996; June 20, 1996; June 
24, 1996; July 9, 1996; July 11, 1996; February 18, 1997; March 20, 
1997; March 24, 1997; March 24, 1997; March 24, 1997; March 24, 1997; 
March 24, 1997; April 22, 1997; April 22, 1997; May 19, 1997; May 19, 
1997; and May 20, 1997.
    (i) Incorporation by reference. (A) Twenty-four letters from the 
Connecticut Department of Environmental Protection dated: May 18, 1995; 
August 21, 1995; January 17, 1996; June 24, 1996; January 30, 1996; 
January 30, 1996; January 30, 1996; January 30, 1996; June 20, 1996; 
June 17, 1996; July 11, 1996; July 9, 1996; March 24, 1997; May 19, 
1997; March 24, 1997; March 20, 1997; March 24, 1997; February 18, 1997; 
May 19, 1997; March 24, 1997; March 24, 1997; May 20, 1997; April 22, 
1997; and April 22, 1997; submitting revisions to the Connecticut State 
Implementation Plan.
    (B) Connecticut Trading Agreement and Order no. 8092 issued to 
United Illuminating Company's Station 3 in Bridgeport, 
effective on May 18, 1995.
    (C) Connecticut Trading Agreement and No. 8095 issued to American 
Ref-Fuel Company of Southeastern Connecticut in Preston, effective on 
June 2, 1995.
    (D) Connecticut Trading Agreement and Order no. 8093 issued to 
Pfizer, Inc., in Groton, effective on July 19, 1995.
    (E) Connecticut Trading Agreement and Order no. 8096 issued to Food 
Ingredients Company in New Milford, effective on August 25, 1995.
    (F) Connecticut Trading Agreement and Order no. 8106 issued to 
Connecticut Light and Power Company in Middletown, effective on October 
10, 1995.
    (G) Connecticut Trading Agreement and Order no. 8107 issued to 
Northeast Nuclear Energy Company in Waterford, effective on October 13, 
1995.
    (H) Connecticut Trading Agreement and Order no. 8105 issued to 
Electric Boat Division of General Dynamics in Groton, effective on 
October 31, 1995.
    (I) Connecticut Trading Agreement and Order no. 8100 issued to 
Bridgeport RESCO Company in Bridgeport, effective on November 2, 1995.
    (J) Connecticut Trading Agreement and Order no. 8102 issued to 
United Illuminating's auxiliary boiler in New Haven, effective on 
December 15, 1995.
    (K) Connecticut Trading Agreement and Order no. 8103 issued to 
United Illuminating Company's Station 4 in New Haven, effective 
on February 14, 1996.
    (L) Connecticut Trading Agreement and Order no. 8119 issued to the 
City of Norwich, Department of Public Utilities, effective on March 4, 
1996.
    (M) Connecticut Trading Agreement and Order no. 8118 issued to South 
Norwalk Electric Works, South Norwalk, effective on March 19, 1996.
    (N) Connecticut Trading Agreement and Order no. 8101 issued to the 
State of Connecticut Department of Mental Health and Addiction Services, 
effective on July 16, 1996.
    (O) Connecticut Trading Agreement and Order no. 8110 issued to Yale 
University, effective on July 29, 1996.
    (P) Connecticut Trading Agreement and Order no. 8132 issued to 
Bridgeport Hospital, effective on September 10, 1996.
    (Q) Connecticut Trading Agreement and Order no. 1494 issued to 
Connecticut Light and Power, involving Branford, Cos Cob, Devon, 
Franklin Drive, Montville, Middletown, South Meadow, Torrington, Tunnel 
Road, and Norwalk Harbor Stations, effective on October 15, 1996.
    (R) Connecticut Trading Agreement and Order no. 8130 issued to the 
State of Connecticut Department of Public Works, effective on October 
18, 1996.
    (S) Connecticut Trading Agreement and Order no. 8115 issued to the 
University of Connecticut in Storrs, effective on November 19, 1996.
    (T) Connecticut Trading Agreement and Order no. 8113 issued to 
Simkins Industries, effective on November 19, 1996.
    (U) Connecticut Trading Agreement and Order no. 8135 issued to 
Bridgeport Hydraulic Company, effective on December 24, 1996.

[[Page 399]]

    (V) Connecticut Trading Agreement and Order no. 8141 issued to the 
Town of Wallingford Department of Public Utilities, effective on 
December 27, 1996.
    (W) Regulations 22a-174-22 ``Control of Nitrogen Oxides Emissions,'' 
adopted on January 23, 1997, which establishes reasonably available 
control technology requirements for major stationary sources of nitrogen 
oxides.
    (X) Connecticut Trading Agreement and Order no. 8123 issued to the 
Algonquin Gas Transmission Company, effective on April 18, 1997.
    (Y) Connecticut Trading Agreement and Order no. 8116 issued to the 
Connecticut Resource Recovery Authority, effective on April 22, 1997.
    (ii) Additional materials. (A) Letter, dated June 18, 1996, from 
Carmine DiBattista, Chief of the Bureau of Air Management for the 
Connecticut DEP, to Susan Studlien, Deputy Director of the Office of 
Ecosystem Protection at U.S. EPA, Region I.
    (B) SIP narrative materials, dated May 1995, submitted with 
Connecticut Trading Agreement and Order no. 8092 for United Illuminating 
Company's Station 3 in New Haven.
    (C) SIP narrative materials, dated August 3, 1995, submitted with 
Connecticut Trading Agreement and Order no. 8095 for American Ref-Fuel 
Company of Southeastern Connecticut in Preston.
    (D) SIP narrative materials, dated December 1995, submitted with 
Connecticut Trading Agreement and Order no. 8093 issued to Pfizer, Inc., 
in Groton.
    (E) SIP narrative materials, dated November 1995, submitted with 
Connecticut Trading Agreement and Order no. 8096 issued to Food 
Ingredients Company in New Milford.
    (F) SIP narrative materials, dated November 1995, submitted with 
Connecticut Trading Agreement and Order no. 8106 issued to Connecticut 
Light and Power Company in Middletown.
    (G) SIP narrative materials, dated November 1995, submitted with 
Connecticut Trading Agreement and Order no. 8107 issued to Northeast 
Nuclear Energy Company in Waterford.
    (H) SIP narrative materials, dated October 6, 1995, submitted with 
Connecticut Trading Agreement and Order no. 8105 issued to Electric Boat 
Division of General Dynamics in Groton.
    (I) SIP narrative materials, dated September 29, 1995, submitted 
with Connecticut Trading Agreement and Order no. 8100 issued to 
Bridgeport RESCO Company in Bridgeport.
    (J) SIP narrative materials, dated December 1995, submitted with 
Connecticut Trading Agreement and Order no. 8102 issued to United 
Illuminating's auxiliary boiler in New Haven.
    (K) SIP narrative materials, dated March 1996, submitted with 
Connecticut Trading Agreement and Order no. 8103 issued to United 
Illuminating Company's Station 4 in Bridgeport.
    (L) SIP narrative materials, dated May 31, 1995, submitted with 
Connecticut Trading Agreement and Order no. 8119 issued to the City of 
Norwich, Department of Public Utilities.
    (M) SIP narrative materials, dated May 31, 1995, submitted with 
Connecticut Trading Agreement and Order no. 8118 issued to South Norwalk 
Electric Works, South Norwalk.
    (N) SIP narrative materials, dated March 1997, submitted with 
Connecticut Trading Agreement and Order no. 8101 issued to the State of 
Connecticut Department of Mental Health and Addiction Services.
    (O) SIP narrative materials, dated May 1997, submitted with 
Connecticut Trading Agreement and Order no. 8110 issued to Yale 
University.
    (P) SIP narrative materials, dated March 1997, submitted with 
Connecticut Trading Agreement and Order no. 8132 issued to Bridgeport 
Hospital.
    (Q) SIP narrative materials, dated March 1997, submitted with 
Connecticut Trading Agreement and Order no. 1494 issued to Connecticut 
Light and Power, involving Branford, Cos Cob, Devon, Franklin Drive, 
Montville, Middletown, South Meadow, Torrington, Tunnel Road, and 
Norwalk Harbor Stations.
    (R) SIP narrative materials, dated March 1997, submitted with 
Connecticut Trading Agreement and Order no. 8130 issued to the State of 
Connecticut Department of Public Works.
    (S) SIP narrative materials, dated February 1996, submitted with 
Connecticut Trading Agreement and Order

[[Page 400]]

no. 8115 issued to the University of Connecticut in Storrs.
    (T) SIP narrative materials, dated May 1997, submitted with 
Connecticut Trading Agreement and Order no. 8113 issued to Simkins 
Industries.
    (U) SIP narrative materials, dated March 1997, submitted with 
Connecticut Trading Agreement and Order no. 8135 issued to Bridgeport 
Hydraulic Company.
    (V) SIP narrative materials, dated March 1997, submitted with 
Connecticut Trading Agreement and Order no. 8141 issued to the Town of 
Wallingford Department of Public Utilities.
    (W) SIP narrative materials, dated April 1997, submitted with 
Connecticut Trading Agreement and Order no. 8123 issued to the Algonquin 
Gas Transmission Company.
    (X) SIP narrative materials, dated April 1997, submitted with 
Connecticut Trading Agreement and Order no. 8116 issued to the 
Connecticut Resource Recovery Authority.
    (73) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on June 3, 1996.
    (i) Incorporation by reference. (A) Letter from the Connecticut 
Department of Environmental Protection dated June 3, 1996, submitting a 
revision to the Connecticut State Implementation Plan.
    (B) State Order No. 8036, dated May 6, 1996, for Risdon Corporation, 
effective on that date. The State order define and impose alternative 
RACT on certain VOC emissions at Risdon Corporation in Danbury, 
Connecticut.
    (74) A revision to the Connecticut SIP regarding ozone monitoring. 
Connecticut will modify its SLAMS and its NAMS monitoring systems to 
include a PAMS network design and establish monitoring sites. 
Connecticut's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.
    (i) Incorporation by reference. (A) PAMS SIP Commitment Narrative, 
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 Connecticut Department 
of Environmental Protection dated March 2, 1995 submitting a revision to 
the Connecticut State Implementation Plan.
    (75) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on January 5, 1994.
    (i) Incorporation by reference. (A) Letter from the Connecticut 
Department of Environmental Protection dated January 5, 1994 submitting 
a revision to the Connecticut State Implementation Plan.
    (B) Regulations sections 22a-174-20(s), ``Miscellaneous Metal Parts 
and Products,'' sections 22a-174-20(v), ``Graphic Arts Rotogravures and 
Flexography,'' sections 22a-174-20(ee), ``Reasonably Available Control 
Technology for Large Sources,'' adopted and effective on November 18, 
1993, which establish reasonably available control technology 
requirements for major stationary sources of volatile organic compounds.
    (76) Revision to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on January 5, 1994.
    (i) Incorporation by reference. (A) Letter from the Connecticut 
Department of Environmental Protection dated January 5, 1994 submitting 
a revision to the Connecticut State Implementation Plan.
    (B) Regulation section 22a-174-32, ``Reasonably Available Control 
Technology for Volatile Organic Compounds,'' adopted and effective on 
November 18, 1993, which establishes reasonably available control 
technology requirements for major stationary sources of volatile organic 
compounds.
    (ii) Additional materials. (A) Letter from Connecticut dated June 
27, 1994 clarifying language in section 22a-174-32(A).
    (77) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on December 30, 1994, 
and May 8, 1998. This revision is for the purpose of satisfying the 
rate-of-progress requirement of section 182(b) and the contingency 
measure requirements of sections 172(c)(9) and 182(c)(9) of the Clean 
Air Act, for the Greater Hartford serious ozone nonattainment area, and

[[Page 401]]

the Connecticut portion of the NY-NJ-CT severe ozone nonattainment area.
    (i) Incorporation by reference. (A) Letter from the Connecticut 
Department of Environmental Protection dated December 30, 1994, 
submitting a revision to the Connecticut State Implementation Plan.
    (B) Letter from the Connecticut Department of Environmental 
Protection dated May 8, 1998, submitting a revision to the Connecticut 
State Implementation Plan.
    (78) Revision to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on June 24, 1998.
    (i) Incorporation by reference. (A) State of Connecticut Regulation 
of Department of Environmental Protection Section 22a-174-27, Emission 
Standards for Periodic Motor Vehicle Inspection and Maintenance as 
revised on March 26, 1998.
    (B) State of Connecticut Regulation of Department of Motor Vehicles 
Concerning Periodic Motor Vehicle Emissions Inspection and Maintenance 
Section 14-164c as revised on April 7, 1998.
    (ii) Additional materials. (A) Letter from the Connecticut 
Department of Environmental Protection dated June 24, 1998 submitting a 
revision to the Connecticut State Implementation Plan.
    (B) Letter from Connecticut Department of Environmental Protection 
dated November 13, 1998, submitting a revision to the Connecticut State 
Implementation Plan.
    (79) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on February 7, 1996 
and February 18, 1999.
    (i) Incorporation by reference. (A) Connecticut regulation section 
22a-174-36, entitled ``Low Emission Vehicles'' as dated and effective by 
determination of the Secretary of State on December 23, 1994.
    (B) Connecticut regulation section 22a-174-36(g), entitled 
``Alternative Means of Compliance via the National Low Emission Vehicle 
(LEV) Program'' as dated and effective by determination of the Secretary 
of State on January 29, 1999.
    (ii) Additional material. (A) Letter from the Connecticut Department 
of Environmental Protection dated February 7, 1996 submitting a revision 
to the Connecticut State Implementation Plan for the Low Emission 
Vehicle program.
    (B) Letter from the Connecticut Department of Environmental 
Protection dated February 18, 1999 submitting a revision to the 
Connecticut State Implementation Plan for the National Low Emission 
Vehicle program to be a compliance option under the State's Low Emission 
Vehicle Program.
    (80) Revision to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on March 26, 1999.
    (i) Incorporation by reference. (A) Letter from the Connecticut 
Department of Environmental Protection dated March 26, 1999, submitting 
a revision to the Connecticut State Implementation Plan.
    (B) Regulation section 22a-174-22a, ``The Nitrogen Oxides 
(NOX) Budget Program'' adopted on December 15, 1998, and 
effective on March 3, 1999. As of January 24, 2008, Section 22a-174-22a 
is superseded and shall have no prospective effect. Violations of 
Section 22a-174-22a that occur prior to January 24, 2008 shall continue 
to be subject to enforcement, including on or after January 24, 2008, in 
accordance with applicable law.
    (ii) Additional materials. (A) Nonregulatory portions of the 
submittals.
    (81) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on May 12, 1994.
    (i) Incorporation by reference. (A) ``Clean Fuel Fleet Substitute 
Plan,'' prepared by the Connecticut Department of Environmental 
Protection, dated May 12, 1994.
    (ii) Additional materials. (A) Letter from the Connecticut 
Department of Environmental Protection dated May 12, 1994 submitting a 
revision to the Connecticut State Implementation Plan.
    (82) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on July 11, 1997, 
September 12, 1997, and December 8, 1997.

[[Page 402]]

    (i) Incorporation by reference. (A) Letters from the Connecticut 
Department of Environmental Protection dated July 11, 1997, September 
12, 1997, and December 8, 1997, submitting revisions to the Connecticut 
State Implementation Plan.
    (B) Trading Agreement and Order Number 8137 issued to AlliedSignal, 
Inc., and U.S. Army Tank-Automotive and Armaments Command in Stratford, 
effective on November 19, 1996.
    (C) Trading Agreement and Order Number 8138 issued to Connecticut 
Natural Gas Corporation in Rocky Hill, effective on November 19, 1996.
    (D) Trading Agreement and Order Number 8114 issued to Cytec 
Industries, Inc., in Wallingford, effective on December 20, 1996.
    (E) Modification to Trading Agreement and Order Number 8138 issued 
to Connecticut Natural Gas Corporation effective June 25, 1997.
    (F) Modification to Trading Agreement and Order Number 8137 issued 
to AlliedSignal, Inc., and U.S. Army Tank-Automotive and Armaments 
Command in Stratford, effective July 8, 1997.
    (G) Trading Agreement and Order Number 8094 issued to Ogden Martin 
Systems of Bristol, Inc., in Bristol, effective on July 23, 1997.
    (ii) Additional materials. (A) Nonregulatory portions of the 
submittals.
    (B) Policy materials concerning the use of emission credits from New 
Jersey at Connecticut sources.
    (83) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on October 7, 1999 to 
discontinue the oxygenated gasoline program in the Connecticut portion 
of the New York--N. New Jersey--Long Island Area.
    (i) Incorporation by reference. (A) CTDEP; ``Abatement of Air 
Pollution: Oxygenated Gasoline,''
    State Regulation 22a-174-28.
    (ii) Additional materials. (A) Letter from the Connecticut 
Department of Environmental Protection dated October 7, 1999 submitting 
a revision to the Connecticut State Implementation Plan.
    (84) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on April 15, 1997, 
April 20, 1998, and September 2, 1999.
    (i) Incorporation by reference. (A) Section 22a-174-1(97) of the 
Regulation of the Connecticut State Agencies, definition of the term 
``Volatile organic compound'' or ``VOC,'' effective in the State of 
Connecticut on December 22, 1997.
    (B) Section 22a-174-20(b) of the Regulation of the Connecticut State 
Agencies, entitled ``Loading of gasoline and other volatile organic 
compounds,'' effective in the State of Connecticut on April 1, 1998.
    (C) Section 22a-174-20(l) of the Regulation of the Connecticut State 
Agencies, entitled ``Metal cleaning,'' effective in the State of 
Connecticut on August 23, 1996.
    (D) Section 22a-174-20(s) of the Regulation of the Connecticut State 
Agencies, ``Miscellaneous metal parts and products,'' effective in the 
State of Connecticut on March 1, 1995.
    (E) Section 22a-174-32 of the Regulation of the Connecticut State 
Agencies, entitled ``Reasonably Available Control Technology (RACT) for 
volatile organic compounds,'' effective in the State of Connecticut on 
August 27, 1999.
    (ii) Additional materials. (A) Letters from the Connecticut 
Department of Environmental Protection dated April 15, 1997, April 20, 
1998, and September 2, 1999 submitting revisions to the Connecticut 
State Implementation Plan.
    (85) [Reserved]
    (86) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on September 30, 
1999.
    (i) Incorporation by reference. (A) Regulations of Connecticut State 
Agencies, Section 22a-174-22b, State of Connecticut Regulation of 
Department of Environmental Protection Concerning The Post-2002 Nitrogen 
Oxides (NOX) Budget Program, which became effective on 
September 29, 1999.
    (ii) Additional materials. (A) Letter from Connecticut Department of 
Environmental Protection dated September 30, 1999 submitting Regulations 
of Connecticut State Agencies, Section 22a-174-22b and associated 
administrative

[[Page 403]]

materials as a revision to the Connecticut State Implementation Plan.
    (B) The SIP narrative ``Connecticut State Implementation Plan 
Revision to Implement the NOX SIP Call,'' dated September 30, 
1999.
    (C) Letter from Connecticut Department of Environmental Protection 
dated August 1, 2002.
    (D) The SIP narrative ``Connecticut State Implementation Plan 
Revision to Revise the State's NOX Emissions Budget,'' dated 
July 22, 2002.
    (iii) Section 22a-174-22b, State of Connecticut Regulation of 
Department of Environmental Protection Concerning The Post-2002 Nitrogen 
Oxides (NOX) Budget Program, is fully enforceable up to and 
including April 30, 2010. As of May 1, 2010, Section 22a-174-22b is 
superseded and shall have no prospective effect. Violations of Section 
22a-174-22b that occur prior to May 1, 2010 shall be subject to 
enforcement, including on or after May 1, 2010, in accordance with 
applicable law.
    (87) [Reserved]
    (88) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on May 19, 2000.
    (i) Incorporation by reference. (A) Connecticut Trading Agreement 
and Order No. 8177 issued to Wisvest Bridgeport Harbor's Unit No. 3 in 
Bridgeport on May 31, 2000.
    (B) Connecticut Trading Agreement and Order No. 8187 issued to 
Wisvest Bridgeport Harbor's Unit No. 2 on January 12, 2000.
    (C) Connecticut Trading Agreement and Order No. 8094, Modification 
No. 2, issued to Ogden Martin Systems of Bristol, Inc. on May 22, 2000.
    (D) Connecticut Trading Agreement and Order No. 8095, Modification 
No. 2, issued to American Ref-Fuel Company of Southeastern Connecticut 
in Preston on May 22, 2000.
    (E) Connecticut Trading Agreement and Order No. 8100, Modification 
No. 2, issued to Bridgeport Resco Company, Limited Partnership in 
Bridgeport on May 22, 2000.
    (F) Connecticut Trading Agreement and Order No. 8116, Modification 
No. 2, issued to the Connecticut Resources Recovery Authority in 
Hartford on May 22, 2000.
    (G) Connecticut Trading Agreement and Order No. 8178 issued to 
Wisvest's New Haven Harbor's auxiliary boiler in New Haven on May 22, 
2000.
    (H) Connecticut Trading Agreement and Order No. 8179 issued to 
Wisvest's Bridgeport Harbor's Unit No. 4 on May 22, 2000.
    (I) Connecticut Trading Agreement and Order No. 8176, issued to 
Wisvest's New Haven Harbor Station's Unit No. 1 in New Haven on May 31, 
2000.
    (ii) Additional materials. (A) Letter from the Connecticut 
Department of Environmental Protection dated May 19, 2000, submitting a 
revision to the Connecticut State Implementation Plan.
    (B) SIP narrative materials, dated December 1999, submitted with 
Connecticut Trading Agreement and Order Nos. 8176, 8177, 8178, 8179, and 
8187.
    (89) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on November 16, 1999.
    (i) Incorporation by reference. (A) Subsection (b) of Section 14-
164c-11a of the Regulations of Connecticut State Agencies Concerning 
Emissions Repairs Expenditure Requirement to Receive Waiver, adopted and 
effective June 24, 1999.
    (ii) Additional materials. (A) Letter from Connecticut Department of 
Environmental Protection dated November 19, 1999 submitting a revision 
to the Connecticut State Implementation Plan.
    (B) Narrative portion of the Revision to State Implementation Plan 
for Enhanced Motor Vehicle Inspection and Maintenance Program, dated 
October 7, 1999.
    (90) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on October 15, 2001, 
to incorporate the nitrogen oxide limits and related regulatory 
provisions of regulation 22a-174-38, Municipal Waste Combustors.
    (i) Incorporation by reference. (A) The nitrogen oxide emission 
limits and related regulatory provisions of State of Connecticut 
Regulation of Department of Environmental Protection Section 22a-174-38, 
Municipal Waste Combustors effective October 26, 2000, included

[[Page 404]]

in sections 22a-174-38 (a), (b), (c), (d), (i), (j), (k), (l), and (m).
    (ii) Additional material. (A) Letter from the Connecticut Department 
of Environmental Protection dated October 15, 2001, submitting a 
revision to the Connecticut State Implementation Plan.
    (91) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on June 14, 2002.
    (i) Incorporation by reference. (A) Connecticut's amendments to 
Section 22a-174-1, Definitions except for the following sections: (4), 
(18), (20), (29), (44), (45), (60), (111), (112) and, (117). These 
regulations are effective in the state of Connecticut on March 15, 2002.
    (B) Connecticut's new Section 22a-174-2a, Procedural Requirements 
for New Source Review and Title V Permitting except for the following 
sections: (a)(1) through (6); (b)(1) through (4); introduction to 
(b)(5); (b)(5)(D), (F) and, the last sentence of (G); (b)(9); (c)(2); 
clause after first comma `` * * * or order pursuant to section 22a-174-
33(d) of regulations of Connecticut State Agency * * * '' in the 
introduction to (c)(6); (c)(6)(B) and (C); clause after first comma `` * 
* * or order pursuant to section 22a-174-33(d) of Regulations of 
Connecticut State Agencies * * * '' in (c)(9); reference to ``Title V'' 
in title of (d); (d)(4)(A) through (D); (d)(7)(A) through (D); (d)(8)(A) 
and (B); reference to ``Title V'' in title of (e); (e)(2)(A) and (B); 
(e)(3)(D); (e)(5)(A) through (F); reference to ``Title V permit'' in 
(e)(6); reference to ``22a-174-33'' in first clause of introduction to 
(f)(2); (f)(2)(F); (f)(5); (f)(6); (g)(1) and (2); (h)(1) through (3) 
and; (i)(1) through (3). These regulations are effective in the state of 
Connecticut on March 15, 2002.
    (C) Connecticut's new Section 22a-174-3a, Permit to Construct and 
Operate Stationary Sources except for the following sections: (a)(1)(C); 
(c)(1)(H); (d)(3)(J) and (M); references to ``Dioxin,'' ``PCDDs'' and, 
``PCDFs'' in Table 3a(i)-1 of (i)(1) and; (m)(1) through (8). These 
regulations are effective in the state of Connecticut on March 15, 2002.
    (ii) Additional materials. (A) Letter from the Connecticut 
Department of Environmental Protection dated June 14, 2002 submitting a 
revision to the Connecticut State Implementation Plan.
    (92)-(94) [Reserved]
    (95) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on December 1, 2004 
and April 4, 2006.
    (i) Incorporation by reference.
    (A) Section 22a-174-30 of the Connecticut Regulations for the 
Abatement of Air Pollution, entitled ``Dispensing of Gasoline/Stage I 
and Stage II Vapor Recovery,'' effective in the State of Connecticut on 
May 10, 2004, with the exception of subsection (c)(5), which Connecticut 
did not submit as part of the SIP revision.
    (B) Section 22a-174-3b of the Connecticut Regulations for the 
Abatement of Air Pollution, entitled ``Exemptions from Permitting for 
Construction and Operation of External Combustion Units, Automotive 
Refinishing Operations, Emergency Engines, Nonmettalic Mineral 
Processing Equipment and Surface Coating Operations,'' effective in the 
State of Connecticut on April 4, 2006, except for the following 
subsections which Connecticut did not submit as part of the SIP 
revision: (a)(1), (5), (6), (7), (10), (11), (12), (15), (17); (b)(1) 
for an external combustion unit, nonmetallic mineral processing 
equipment, an emergency engine or a surface coating operation; (b)(2) 
for an external combustion unit, nonmetallic mineral processing 
equipment, an emergency engine or a surface coating operation; (c) 
External combustion unit; (e) Emergency engine; (f) Nonmetallic mineral 
processing equipment; (g) Surface coating operation; and (h) Fuel sulfur 
content.
    (C) Section 22a-174-43 of the Connecticut Regulations for the 
Abatement of Air Pollution, entitled ``Portable Fuel Container Spillage 
Control,'' effective in the State of Connecticut on May 10, 2004.
    (ii) Additional materials.
    (A) Pressure Vacuum Vent Cap Test Procedures
    (B) Table 1 showing the emission reductions resulting from the 
measures Connecticut adopted to meet the shortfall identified in the 
Connecticut one-hour ozone attainment demonstration.

[[Page 405]]

    (C) Nonregulatory portions of the submittal.
    (96) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on April 30, 2002, 
and October 17, 2002.
    (i) Incorporation by reference.
    (A) Consent Order No. 8229A issued by the Connecticut Department of 
Environmental Protection to Hitchcock Chair Company, Ltd., on April 15, 
2002.
    (B) Consent Order No. 8190 issued by the Connecticut Department of 
Environmental Protection to Kimberly Clark Corporation on April 23, 
2002.
    (C) Consent Order No. 8200 issued by the Connecticut Department of 
Environmental Protection to Watson Laboratories, Inc., on October 3, 
2002.
    (D) Consent Order No. 8237 issued by the Connecticut Department of 
Environmental Protection to Ross & Roberts, Inc., on October 4, 2002.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (97) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on April 26, 2007 and 
September 12, 2007.
    (i) Incorporation by reference.
    (A) Regulations of Connecticut State Agencies (RCSA) section 22a-
174-22c entitled ``The Clean Air Interstate Rule (CAIR) Nitrogen Oxides 
(NOX) Ozone Season Trading Program,'' effective in the State 
of Connecticut on September 4, 2007.
    (98) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on December 19, 2007.
    (i) Incorporation by reference.
    (A) Connecticut Department of Environmental Protection Regulations 
entitled ``Emission standards and on-board diagnostic II test 
requirements for periodic motor vehicle inspection and maintenance'' at 
section 22a-174-27 (effective in the State of Connecticut on August 25, 
2004).
    (B) Connecticut Department of Motor Vehicles Regulation entitled 
``Periodic Motor Vehicle Emissions Inspection and Maintenance'' at 
section 14-164c-1a to Section 14-164c-18a (effective in the State of 
Connecticut on May 28, 2004).
    (99) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on February 9, 2011.
    (i) Incorporation by reference. (A) The additions of subsections 
(21) and (49) to Section 22a-174-1, effective January 28, 2011.
    (B) The revisions to Sections 22a-174-3a(a)(1)(H) through (J), 
Sections 22a-174-3a(d)(3)(H), Sections 22a-174-3a(j)(1)(E) through (I), 
Sections 22a-174-3a(k)(1) through (k)(2), and Sections 22a-174-3a(k)(4), 
effective January 28, 2011.

[37 FR 10855, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.370, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.371  Classification of regions.

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

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


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

[[Page 406]]



Sec. 52.372  Extensions.

    (a) [Reserved]
    (b) The Administrator hereby extends until December 31, 1996, the 
attainment date for particulate matter for the New Haven PM10 
nonattainment area, as requested by the State of Connecticut on March 
22, 1996 and based on monitored air quality data for the national 
ambient air quality standard for PM10 during the years 1993-95.

[61 FR 56900, Nov. 5, 1996, as amended at 62 FR 14331, Mar. 26, 1997; 64 
FR 67192, Dec. 1, 1999]



Sec. 52.373  Approval status.

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

[61 FR 38576, July 25, 1996]



Sec. 52.374  Attainment dates for national standards.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                     -----------------------------------------------------------
             Air quality control region                         SO2
                                                     ------------------------   PM10     NO2       CO       O3
                                                       Primary    Secondary
----------------------------------------------------------------------------------------------------------------
AQCR 41: Eastern Connecticut Intrastate (See 40 CFR      (\a\)        (\b\)    (\a\)    (\a\)    (\a\)    (\d\)
 81.183)............................................
AQCR 42: Hartford-New Haven-Springfield Interstate
 Area (See 40 CFR 81.26)............................
    All portions except City of New Haven...........     (\a\)        (\b\)    (\a\)    (\a\)    (\a\)    (\d\)
    City of New Haven...............................     (\a\)        (\b\)    (\c\)    (\a\)    (\a\)    (\d\)
AQCR 43: New Jersey-New York-Connecticut Interstate      (\a\)        (\a\)    (\a\)    (\a\)    (\a\)    (\d\)
 Area (See 40 CFR 81.13)............................
AQCR 44: Northwestern Connecticut Intrastate (See 40     (\a\)        (\b\)    (\a\)    (\a\)    (\a\)   (\d\)
 CFR 81.184)........................................
----------------------------------------------------------------------------------------------------------------
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. December 31, 1996 (two 1-year extensions granted).
d. November 15, 2007.


[45 FR 84787, Dec. 23, 1980, as amended at 61 FR 38576, July 25, 1996; 
62 FR 14331, Mar. 26, 1997; 64 FR 12013, Mar. 10, 1999; 66 FR 663, Jan. 
3, 2001]



Sec. 52.375  Certification of no sources.

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

[50 FR 37178, Sept. 12, 1985, as amended at 53 FR 17936, May 19, 1988; 
65 FR 62623, Oct. 19, 2000]

[[Page 407]]



Sec. 52.376  Control strategy: Carbon monoxide.

    (a) Approval--On January 12, 1993, the Connecticut Department of 
Environmental Protection submitted a revision to the carbon monoxide 
State Implementation Plan for the 1990 base year emission inventory. The 
inventory was submitted by the State of Connecticut to satisfy Federal 
requirements under sections 172(c)(3) and 187(a)(1) of the Clean Air Act 
as amended in 1990, as a revision to the carbon monoxide State 
Implementation Plan for the Hartford/New Britain/Middletown carbon 
monoxide nonattainment area, the New Haven/Meriden/Waterbury carbon 
monoxide nonattainment area, and the Connecticut Portion of the New 
York-N. New Jersey-Long Island carbon monoxide nonattainment area.
    (b) Approval--On September 30, 1994, the Connecticut Department of 
Environmental Protection submitted a request to redesignate the 
Hartford/New Britain/Middletown Area carbon monoxide nonattainment area 
to attainment for carbon monoxide. The redesignation request and the 
1995-2005 initial ten-year 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 January 12, 1993 and April 7, 1994, the Connecticut 
Department of Environmental Protection submitted revisions to the carbon 
monoxide State Implementation Plan for VMT forecasts, contingency 
measures, and attainment demonstration for CO. These VMT forecasts, 
contingency measures, and attainment demonstration were submitted by 
Connecticut to satisfy Federal requirements under sections 187(a)(2)(A), 
187(a)(3) and 187(a)(7) of the Clean Air Act, as amended in 1990, as 
revisions to the carbon monoxide State Implementation Plan.
    (d) Approval--On January 17, 1997, the Connecticut Department of 
Environmental Protection submitted a request to redesignate the New 
Haven/Meriden/Waterbury carbon monoxide nonattainment area to attainment 
for carbon monoxide. The redesignation request and the 1998-2008 initial 
ten-year maintenance plan meet the redesignation requirements in 
sections 107(d)(3)(E) and 175A of the Act as amended in 1990, 
respectively.
    (e) Approval--In December, 1996, the Connecticut Department of 
Environmental Protection submitted a revision to the carbon monoxide 
State Implementation Plan for the 1993 periodic emission inventory. The 
inventory was submitted by the State of Connecticut to satisfy Federal 
requirements under section 187(a)(5) of the Clean Air Act as amended in 
1990, as a revision to the carbon monoxide State Implementation Plan.
    (f) Approval--On May 29, 1998, the Connecticut Department of 
Environmental Protection submitted a request to redesignate the 
Connecticut portion of the New York-N. New Jersey-Long Island carbon 
monoxide nonattainment area to attainment for carbon monoxide. The 
redesignation request and the 2000-2010 initial ten-year maintenance 
plan meet the redesignation requirements in sections 107(d)(3)(E) and 
175A of the Act as amended in 1990, respectively.
    (g) Approval--On October 7, 1999, the Connecticut Department of 
Environmental Protection submitted a revision to the carbon monoxide 
State Implementation Plan that removes the oxygenated fuel requirement 
for the Connecticut portion of the New York--N. New Jersey--Long Island 
area and converts the program to a contingency measure. If a violation 
of the carbon monoxide ambient air quality standard were to occur, the 
State would be required to reimplement the program.
    (h) Approval--On June 28, 2004, the Connecticut Department of 
Environmental Protection (CT DEP) submitted a request to establish 
limited maintenance plans for the Hartford-New Britain-Middletown 
Connecticut carbon monoxide attainment area, the New Haven-Meriden-
Waterbury Connecticut carbon monoxide attainment area, and the 
Connecticut portion of the New York-Northern New Jersey-Long Island 
carbon monoxide attainment area for the remainder of the individual 
area's initial ten-year maintenance plan. As part of the maintenance 
plan request, CT DEP also requested approval of a second follow-on ten-
year carbon monoxide maintenance plan for the Hartford-New Britain-
Middletown carbon

[[Page 408]]

monoxide attainment area (period 2006 to 2015), for the New Haven-
Meriden-Waterbury carbon monoxide attainment area (period 2009 to 2018), 
and for the Connecticut portion of the New York-Northern New Jersey-Long 
Island carbon monoxide attainment area (period 2011 to 2020). The State 
of Connecticut has committed to: maintain a continuous carbon monoxide 
monitoring network in each carbon monoxide maintenance area; implement 
contingency measures in the event of an exceedance of the carbon 
monoxide National Ambient Air Quality Standard (NAAQS) in any of the 
three maintenance areas; coordinate with EPA in the event the carbon 
monoxide design value(s) in any maintenance area(s) exceed 7.65 ppm, to 
verify the validity of the data and, if warranted based on the data 
review, develop a full maintenance plan(s) for the affected maintenance 
area(s); and, ensure that project-level carbon monoxide evaluations of 
transportation projects in each area are carried out as part of 
environmental reviews or Connecticut's indirect source permitting 
program. The limited maintenance plans satisfy 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, Connecticut 
must develop a full maintenance plan to meet Clean Air Act requirements.

[60 FR 55320, Oct. 31, 1995, as amended at 61 FR 38577, July 25, 1996; 
63 FR 53286, Oct. 5, 1998; 64 FR 12014, Mar. 10, 1999; 64 FR 67192, Dec. 
1, 1999; 69 FR 50073, Aug. 13, 2004]



Sec. 52.377  Control strategy: Ozone.

    (a) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on December 30, 1997 
and January 7, 1998. These revisions are for the purpose of satisfying 
the rate of progress requirement of section 182(c)(2) through 1999, and 
the contingency measure requirements of sections 172(c)(9) and 182(c)(9) 
of the Clean Air Act, for the Greater Hartford serious ozone 
nonattainment area, and the Connecticut portion of the NY-NJ-CT severe 
ozone nonattainment area.
    (b) Approval--Revisions to the State Implementation Plan submitted 
by the Connecticut Department of Environmental Protection on September 
16, 1998, February 8, 2000 and June 17, 2003. 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 Greater Connecticut 
serious ozone nonattainment area. The revision establishes an attainment 
date of November 15, 2007 for the Greater Connecticut serious ozone 
nonattainment area. Connecticut commits to conduct a mid-course review 
to assess modeling and monitoring progress achieved toward the goal of 
attainment by 2007, and submit the results to EPA by December 31, 2004. 
The June 17, 2003 revision establishes MOBILE6-based motor vehicle 
emissions budgets for 2007 of 51.9 tons per day of volatile organic 
compounds (VOC) and 98.4 tons per day of nitrogen oxides 
(NOX) to be used in transportation conformity in the Greater 
Connecticut serious ozone nonattainment area.
    (c) Approval--Revisions to the State Implementation Plan submitted 
by the Connecticut Department of Environmental Protection on October 15, 
2001 and June 17, 2003. These revisions are for the purpose of 
satisfying the rate of progress requirement of section 182 (c)(2)(B) 
through 2007, and the contingency measure requirements of section 182 
(c)(9) of the Clean Air Act, for the Connecticut portion of the NY-NJ-CT 
severe ozone nonattainment area. The October 15, 2001 revision 
establishes motor vehicle emissions budgets for 2002 of 15.20 tons per 
day of VOC and 38.39 tons per day of NOX to be used in 
transportation conformity in the Connecticut portion of the NY-NJ-CT 
severe ozone nonattainment area. The June 17, 2003 revision establishes 
motor vehicle emissions budgets for 2005 of 19.5 tons per day of VOC and 
36.8 tons per day of NOX to be used in transportation 
conformity in the Connecticut portion of the NY-NJ-CT severe ozone 
nonattainment area.
    (d) Approval--Revisions to the State Implementation Plan submitted 
by the

[[Page 409]]

Connecticut Department of Environmental Protection on September 16, 
1998, February 8, 2000, October 15, 2001 and June 17, 2003. 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 
Connecticut portion of the NY-NJ-CT severe ozone nonattainment area. The 
June 17, 2003 revision establishes MOBILE6-based motor vehicle emissions 
budgets for 2007 of 16.4 tons per day of VOC and 29.7 tons per day of 
NOX to be used in transportation conformity in the 
Connecticut portion of the NY-NJ-CT severe ozone nonattainment area. 
Connecticut commits to adopt and submit by October 31, 2001, additional 
necessary regional control measures to offset the emission reduction 
shortfall in order to attain the one-hour ozone standard by November 
2007. Connecticut commits to adopt and submit by October 31, 2001, 
additional necessary intrastate control measures to offset the emission 
reduction shortfall in order to attain the one-hour ozone standard by 
November 2007. Connecticut commits to adopt and submit additional 
restrictions on VOC emissions from mobile equipment and repair 
operations; and requirements to reduce VOC emissions from certain 
consumer products. Connecticut also commits to conduct a mid-course 
review to assess modeling and monitoring progress achieved toward the 
goal of attainment by 2007, and submit the results to EPA by December 
31, 2004.
    (e) Commitment Fulfillment--Connecticut has fulfilled the commitment 
in section 52.377(d), to adopt additional NOX and VOC control 
measures to meet the emission reduction shortfall in its 1-hour severe 
ozone nonattainment area.
    (f) Determination of Attainment. Effective September 30, 2010, EPA 
is determining that the Greater Connecticut 8-hour ozone nonattainment 
area has attained the 1997 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 1997 8-hour ozone standard. If a 
violation of the 1997 ozone NAAQS is monitored in the Greater 
Connecticut 8-hour ozone nonattainment area, this determination shall no 
longer apply.
    In addition, this area met its June 15, 2010 attainment deadline for 
the 1997 ozone standard.
    (g) Approval--Submittal from the Connecticut Department of 
Environmental Protection, dated December 28, 2007, to address the Clean 
Air Act (CAA) infrastructure requirements for the 1997 ozone National 
Ambient Air Quality Standard (NAAQS). This submittal satisfies the 
requirements of CAA sections 110(a)(2)(A), (B), (C), (E), (F), (G), (H), 
(J), (K), (L), and (M).
    (h) Conditional Approval--Submittal from the Connecticut Department 
of Environmental Protection, dated December 28, 2007, to address the 
Clean Air Act (CAA) infrastructure requirements for the 1997 ozone 
National Ambient Air Quality Standard (NAAQS). On May 2, 2011, the State 
of Connecticut supplemented this submittal with a commitment to address 
the requirements of section 110(a)(2)(D)(ii) of the CAA that requires 
notification of affected states for Prevention of Significant 
Deterioration purposes. EPA is conditionally approving Connecticut's 
submittal with respect to CAA section 110(a)(2)(D)(ii).
    (i) Determination of Attainment for the One-Hour Ozone Standard. 
Effective April 16, 2012, EPA is determining that the Greater 
Connecticut one-hour ozone nonattainment area did not meet its 
applicable one-hour ozone attainment date of November 15, 2007, based on 
2005-2007 complete, quality-assured ozone monitoring data. Separate from 
and independent of this determination, EPA is determining that the 
Greater Connecticut one-hour ozone nonattainment area met the one-hour 
ozone standard, based on 2008-2010 complete, quality-assured ozone 
monitoring data at all monitoring sites in the area. EPA's review of the 
ozone data shows that the area began attaining the one-hour ozone 
standard during the 2006-2008 monitoring period, and has continued 
attaining the one-hour standard

[[Page 410]]

through the 2007-2009 and 2008-2010 monitoring periods.

[65 FR 62626, Oct. 19, 2000, as amended at 66 FR 663, Jan. 3, 2001; 66 
FR 63938, Dec. 11, 2001; 69 FR 5288, Feb. 4, 2004; 71 FR 51765, Aug. 31, 
2006; 75 FR 53220, Aug. 31, 2010; 76 FR 40256, July 8, 2011; 77 FR 
15608, Mar. 16, 2012]

    Effective Date Note: At 77 FR 36169, June 18, 2012, Sec. 52.377 was 
amended by adding paragraphs (j) and (k), effective July 18, 2012. For 
the convenience of the user, the added text is set forth as follows:



Sec. 52.377  Control strategy: Ozone.

                                * * * * *

    (j) Determination of Attainment for the One-Hour Ozone Standard. 
Effective July 18, 2012, EPA is determining that the New York-Northern 
New Jersey-Long Island (NY-NJ-CT) one-hour ozone nonattainment area did 
not meet its applicable one-hour ozone attainment date of November 15, 
2007, based on 2005-2007 complete, quality-assured and certified ozone 
monitoring data. Separate from and independent of this determination, 
EPA is determining that the New York-Northern New Jersey-Long Island 
(NY-NJ-CT) one-hour ozone nonattainment area has attained the one-hour 
ozone standard, based on 2008-2010 complete, quality-assured and 
certified ozone monitoring data at all monitoring sites in the area and 
data showing the area continued to attain through 2011.
    (k) Determination of Attainment for the Eight-Hour Ozone Standard. 
Effective July 18, 2012 EPA is determining, that complete, quality-
assured and certified ozone monitoring data for 2007-2009 show the NY-
NJ-CT eight-hour ozone nonattainment area attained the 1997 eight-hour 
ozone standard by its June 15, 2010 attainment deadline. Therefore, EPA 
has met the requirement pursuant to CAA section 181(b)(2)(A) to 
determine, based on the area's air quality data as of the attainment 
date, whether the area attained the standard. EPA also determined that 
the NY-NJ-CT nonattainment area will not be reclassified for failure to 
attain by its applicable attainment date under section 181(b)(2)(A). EPA 
is also determining that the NY-NJ-CT eight-hour ozone nonattainment 
area currently continues to attain the eight-hour ozone NAAQS, based on 
complete, quality-assured and certified data for 2008-2010 and data 
through 2011. This determination, in accordance with 40 CFR 51.918, 
suspends the requirements for this area to submit an attainment 
demonstration, 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 this 
area continues to meet the 1997 annual eight-hour ozone NAAQS.



Sec. 52.378  Control strategy: PM10.

    (a) Approval--On June 23, 2005, the Connecticut Department of 
Environmental Protection submitted a request to redesignate the City of 
New Haven PM10 nonattainment area to attainment for 
PM10. The redesignation request and the initial ten-year 
maintenance plan (2006-2015) meet the redesignation requirements in 
sections 107(d)(3)(E) and 175A of the Act as amended in 1990, 
respectively.
    (b) Approval--On June 23, 2005, the Connecticut Department of 
Environmental Protection (CT DEP) submitted a request to establish a 
Limited Maintenance Plan (LMP) for the City of New Haven PM10 
attainment area for the area's initial ten-year maintenance plan (2006-
2015). The State of Connecticut has committed to: maintain a 
PM10 monitoring network in the New Haven PM10 
maintenance area; implement contingency measures in the event of an 
exceedance of the PM10 National Ambient Air Quality Standards 
(NAAQS) in the maintenance area; coordinate with EPA in the event the 
PM10 design value in the maintenance area exceeds 98 
[micro]gm/m\3\ for the 24-hour PM10 NAAQS or 40 [micro]gm/
m\3\ for the annual PM10 NAAQS; and to verify the validity of 
the data and, if warranted based on the data review, develop a full 
maintenance plan for the maintenance area. The LMP satisfies all 
applicable requirements of section 175A of the Clean Air Act. Approval 
of the LMP is conditioned on maintaining levels of ambient 
PM10 below a PM10 design value criteria of 98 
[micro]gm/m\3\ for the 24-hour PM10 NAAQS and 40 [micro]gm/
m\3\ for the annual PM10 NAAQS. For the Criscuolo Park site, 
Connecticut still qualifies for the LMP option if, based on five years 
of site data, the average design values (ADVs) of the continuous 
PM10 monitor are less than the site-specific critical design 
value (CDV). If the LMP criteria are no longer satisfied, Connecticut 
must develop a full maintenance plan to meet Clean Air Act requirements.

[70 FR 59663, Oct. 13, 2005]



Sec. 52.379  Control strategy: PM2.5.

    (a) Approval--Revision to the State Implementation Plan submitted by 
the

[[Page 411]]

Connecticut Department of Environmental Protection (DEP) on April 17, 
2007. the revision is for the purpose of establishing early fine 
particulate (PM2.5) transportation conformity emission 
budgets for the Connecticut portion of the New York-Northern New Jersey-
Long Island, NY-NJ-CT PM2.5 nonattainment area. The April 17, 
2007 revision establishes PM2.5 motor vehicle emission 
budgets for 2009 of 360 tons per year of direct PM2.5 
emissions and 18,279 tons per year of NOX emissions to be 
used in transportation conformity in the Connecticut portion of the New 
York-Northern New Jersey-Long Island, NY-NJ-CT PM2.5 
nonattainment area.
    (b) Determination of Attainment. EPA has determined, as of December 
15, 2010, that the New York-Northern New Jersey-Long Island, NY-NJ-CT 
fine particle (PM2.5) nonattainment area has attained the 
1997 PM2.5 National Ambient Air Quality Standard. This 
determination, in accordance with 40 CFR 51.1004(c), suspends the 
requirements for this area to submit an attainment demonstration, 
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.

[72 FR 50063, Aug. 30, 2007, as amended at 75 FR 69577, Nov. 15, 2010]



Sec. 52.380  Rules and regulations.

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

[40 FR 23280, May 29, 1975, as amended at 45 FR 84787, Dec, 23, 1980; 46 
FR 34801, July 6, 1981; 46 FR 56615, Nov. 18, 1981; 46 FR 62062, Dec. 
22, 1981; 47 FR 763, Jan. 7, 1982; 47 FR 36823, Aug. 24, 1982; 47 FR 
41959, Sept. 23, 1982; 47 FR 49646, Nov. 2, 1982; 47 FR 51129, Nov. 12, 
1982; 48 FR 5724, Feb. 8, 1983; 50 FR 50907, Dec. 13, 1985; 65 FR 62623, 
Oct. 19, 2000]



Sec. 52.381  Requirements for state implementation plan revisions relating to 

new motor vehicles.

    Connecticut must comply with the requirements of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]



Sec. 52.382  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable provisions 
for the NO2 increments under the prevention of significant 
deterioration program.

[[Page 412]]

    (b) The increments for nitrogen dioxide promulgated on October 17, 
1988 (53 FR 40671), and related requirements in 40 CFR 52.21 except 
paragraph (a)(1), are hereby incorporated and made part of the 
applicable implementation plan for the State of Connecticut.

[58 FR 10964, Feb. 23, 1993, as amended at 68 FR 11322, Mar. 10, 2003; 
68 FR 74488, Dec. 24, 2003]



Sec. 52.383  Stack height review.

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

[52 FR 49407, Dec. 31, 1987]



Sec. 52.384  Emission inventories.

    (a) The Governor's designee for the State of Connecticut submitted 
the 1990 base year emission inventories for the Connecticut portion of 
the New York-New Jersey-Connecticut severe ozone nonattainment area and 
the Greater Hartford serious ozone nonattainment area on January 13, 
1994 as revisions to the State's SIP. Revisions to the inventories were 
submitted on February 3, 1994, February 16, 1995, and December 30, 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 Connecticut portion of the New York-New 
Jersey-Connecticut severe nonattainment area and the Hartford serious 
nonattainment area encompass the entire geographic area of the State.

[62 FR 55340, Oct. 24, 1997, as amended at 65 FR 62626, Oct. 19, 2000]



Sec. 52.385  EPA-approved Connecticut regulations.

    The following table identifies the State regulations which have been 
submitted to and approved by EPA as revisions to the Connecticut 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. 52.370. To the extent that this table conflicts with Sec. 52.370, 
Sec. 52.370 governs.

                                                         Table 52.385--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Dates
                                                          --------------------------
    Connecticut State citation          Title/subject          Date         Date        Federal Register        Section 52.370      Comments/description
                                                            adopted by  approved by         citation
                                                              State         EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
19-508............................  Connecticut Air             3/3/72      5/31/72  37 FR 10842..........  (c) 1&2..............  State of CT Air
                                     Implementation Plan.                                                                           Implementation Plan.
                                                               8/10/72      5/14/73  38 FR 12696..........  (c) 3................  Correction to
                                                                                                                                    submission dates for
                                                                                                                                    supplemental
                                                                                                                                    information.
                                                                4/9/74       6/2/75  40 FR 23746..........  (c) 5................  Identification of Air
                                                                                                                                    Quality Maintenance
                                                                                                                                    Areas.
                                                               8/10/76     11/29/77  42 FR 60753..........  (c) 7................  Adds carbon monoxide/
                                                                                                                                    oxidant control
                                                                                                                                    strategy and
                                                                                                                                    regulations.
                                                               6/30/77      9/29/78  43 FR 44840..........  (c) 8................  Describes air quality
                                                                                                                                    surveillance
                                                                                                                                    program.

[[Page 413]]

 
22a-171...........................  Small Business             1/12/93      5/19/94  59 FR 26123..........  (c) 65...............  Established small
                                     Assistance.                                                                                    business compliance
                                                                                                                                    and technical
                                                                                                                                    assistance program.
22a-174-1.........................  Definitions..........     03/15/02     02/27/03  68 FR 9011...........  Adopting definitions
                                                                                                             applicable to PSD/
                                                                                                             NSR program..
22a-174-2.........................  Registration               4/04/72      5/31/72  37 FR 23085..........  (b).
                                     requirements for
                                     existing stationary
                                     sources of air
                                     pollutants.
                                                               8/31/79     12/23/80  45 FR 84769..........  (c) 11...............  In tandem with
                                                                                                                                    changes to
                                                                                                                                    Regulation 3,
                                                                                                                                    sources existing
                                                                                                                                    prior to 1972 must
                                                                                                                                    register.
22a-174-2a........................  Procedural                03/15/02     02/27/03  68 FR 9011...........  Provisions applicable
                                     Requirements for New                                                    to PSD/NSR in
                                     Source Review and                                                       consolidated permit
                                     Title V Permitting.                                                     procedural
                                                                                                             requirements..
22a-174-3.........................  Permits for                4/04/72      5/31/72  37 FR 23085..........  (b)..................  Conditional approval
                                     construction and                                                                               of NSR program.
                                     operation of
                                     stationary sources.
                                                               8/30/79     12/23/80  45 FR 84769..........  (c)11................  EPA conditionally
                                                                                                                                    approved changes to
                                                                                                                                    meet federal New
                                                                                                                                    Source Review (NSR)
                                                                                                                                    requirements. CT did
                                                                                                                                    not submit
                                                                                                                                    Prevention of
                                                                                                                                    Significant
                                                                                                                                    Determination
                                                                                                                                    program.
                                                               8/31/79      1/07/82  47 FR 762............  (c) 20...............  Final approval of NSR
                                                                                                                                    Rules removing
                                                                                                                                    conditions of 12/23/
                                                                                                                                    80.
                                                              10/10/80      1/07/82  47 FR 762............  (c) 20...............  Allows conditional
                                                                                                                                    exemption of
                                                                                                                                    resource recovery
                                                                                                                                    facilities from
                                                                                                                                    offset transactions.
                                                              10/10/80      1/07/82  47 FR 762............  (c) 20...............  Replaces the word
                                                                                                                                    ``actual'' with word
                                                                                                                                    ``allowable''.
                                                              12/27/88      2/23/93  58 FR 10957..........  (c) 56...............  Changes to NSR and
                                                                                                                                    PSD requirements.
22a-174-3a........................  Permit to Construct       03/15/02     02/27/03  68 FR 9011...........  PSD/NSR program
                                     and Operate                                                             requirements as
                                     Stationary Sources.                                                     revised by the CAAA..

[[Page 414]]

 
22a-174-3b........................  Permits for                 4/4/06      8/31/06  71 FR 51761..........  (c)(95)..............  Only the automotive
                                     construction and                                                                               refinishing
                                     operation of                                                                                   requirements of 22a-
                                     stationary sources.                                                                            174-3b are being
                                                                                                                                    approved.
                                                                                                                                    Connecticut did not
                                                                                                                                    submit the other
                                                                                                                                    subsections of the
                                                                                                                                    rule as part of its
                                                                                                                                    SIP revision.
22a-174-4.........................  Source monitoring,         4/04/72      5/31/72  37 FR 23085..........  (b).
                                     record keeping,
                                     reporting and
                                     authorization of
                                     inspection of air
                                     pollution sources.
                                                              10/31/77     12/23/80  45 FR 84769..........  (c) 11...............  Clarifies record
                                                                                                                                    keeping and
                                                                                                                                    reporting
                                                                                                                                    requirements and
                                                                                                                                    rescinds smoke
                                                                                                                                    monitoring
                                                                                                                                    requirements for
                                                                                                                                    small sources.
                                                              12/15/80      8/24/82  47 FR 36822..........  (c) 20...............  Rescinded
                                                                                                                                    requirements for
                                                                                                                                    smoke monitors on
                                                                                                                                    sources less than
                                                                                                                                    250 mmBtu.
                                                              12/27/88      2/23/93  58 FR 10957..........  (c) 56...............  Changes to opacity
                                                                                                                                    continuous emission
                                                                                                                                    monitoring (CEM)
                                                                                                                                    requirements.
22a-174-5.........................  Methods for sampling,      4/04/72      5/31/72  37 FR 23085..........  (b).
                                     emission testing,
                                     and reporting.
                                                              10/05/77     12/23/80  45 FR 84769..........  (c) 11...............  Tied State testing
                                                                                                                                    method requirement
                                                                                                                                    to federal
                                                                                                                                    requirements,
                                                                                                                                    clarified
                                                                                                                                    requirements for
                                                                                                                                    stack testing, and
                                                                                                                                    eliminated record
                                                                                                                                    keeping and
                                                                                                                                    reporting
                                                                                                                                    requirements.
                                                              12/19/80      8/28/81  46 FR 43418..........  (c) 16...............  Revisions to source
                                                                                                                                    monitoring and stack
                                                                                                                                    testing requirements
                                                                                                                                    for SO2.
22a-174-6.........................  Air Pollution              4/04/72      5/31/72  37 FR 23085..........  (b).
                                     Emergency Episode
                                     Procedures.

[[Page 415]]

 
                                                               8/31/79     12/23/80  45 FR 84769..........  (c) 11...............  Allows DEP to
                                                                                                                                    separately limit
                                                                                                                                    mobile and
                                                                                                                                    stationary sources
                                                                                                                                    depending upon the
                                                                                                                                    cause of the
                                                                                                                                    episode.
22a-174-7.........................  Malfunction of             4/04/72      5/31/72  37 FR 23085..........  (b).
                                     Control Equipment;
                                     Reporting.
22a-174-8.........................  Compliance Plans and       4/04/72      5/31/72  37 FR 23085..........  (b).
                                     Schedules.
22a-174-9.........................  Prohibition of air         4/04/72      5/31/72  37 FR 23085..........  (b).
                                     pollution.
                                                               8/31/79     12/23/80  45 FR 84769..........  (c) 11...............  Non-substantive
                                                                                                                                    numbering change.
                                                               8/31/79      8/12/83  48 FR 36579..........  (c) 11...............  Full authority
                                                                                                                                    delegated for NSPS
                                                                                                                                    and NESHAPS.
                                                                            12/6/91  56 FR 63875..........                         Delegation of new
                                                                                                                                    subparts.
22a-174-10........................  Public Availability        4/04/72      5/31/72  37 FR 23085..........  (b).
                                     of Information.
22a-174-11........................  Prohibition against        4/04/72      5/31/72  37 FR 23085..........  (b).
                                     concealment of
                                     circumvention.
22a-174-12........................  Violations and              4/4/72      5/31/72  37 FR 23085..........  (b).
                                     enforcement.
22a-174-13........................  Variances............       4/4/72      5/31/72  37 FR 23085..........  (b).
                                                               8/31/79     12/23/80  45 FR 84769..........  (c) 11...............  Non-substantive
                                                                                                                                    numbering change.
22a-174-14........................  Compliance with            4/04/72      5/31/72  37 FR 10842..........  (b).
                                     regulation no
                                     defense to nuisance
                                     claim.
22a-174-15........................  Severability.........       4/4/72      5/31/72  37 FR 10842..........  (b).
22a-174-16........................  Responsibility to           4/4/72      5/31/72  37 FR 10842..........  (b).
                                     comply with
                                     applicable
                                     regulations.
22a-174-17........................  Control of open            4/04/72      5/31/72  37 FR 10842..........  (b).
                                     burning.
22a-174-18........................  Control of                  4/4/72      5/31/72  37 FR 10842..........  (b).
                                     particulate
                                     emissions.
                                                              11/30/73      4/16/74  39 FR 13651..........  52.375...............  Allowed Hartford
                                                                                                                                    Electric Light &
                                                                                                                                    Connecticut Light &
                                                                                                                                    Power Supplies to
                                                                                                                                    use nonconforming
                                                                                                                                    fuel from 12/3/73 to
                                                                                                                                    1/1/74.

[[Page 416]]

 
                                                               7/11/81      9/23/82  47 FR 41958..........  (c) 22...............  Defines TSP RACT for
                                                                                                                                    fuel burning
                                                                                                                                    equipment and
                                                                                                                                    process sources
                                                                                                                                    including cupolas,
                                                                                                                                    foundries, and hot
                                                                                                                                    mix asphalt plants.
22a-174-19........................  Control of sulfur           4/4/72      5/31/72  37 FR 23085..........  (b).
                                     compound emissions.
                                                              11/30/73      4/16/74  39 FR 13651..........  52.375...............  Allowed Hartford
                                                                                                                                    Electric Light and
                                                                                                                                    Connecticut Power
                                                                                                                                    and Light to use
                                                                                                                                    nonconforming fuel.
                                                                4/3/79      7/30/79  44 FR 44498..........  (c) 10...............  Allowed Northeast
                                                                                                                                    Utilities to
                                                                                                                                    purchase, store, and
                                                                                                                                    burn nonconforming
                                                                                                                                    fuel.
                                                                9/8/80      4/27/81  46 FR 23412..........  (c) 12...............  Variance for Federal
                                                                                                                                    Paperboard, Inc.
                                                            12/19/80 &      8/28/81  46 FR 43418..........  (c) 14...............  Amends sulfur control
                                                               3/11/81                                                              strategy.
                                                           3/11/81 & 7/     8/28/81  46 FR 43418..........  (c) 15...............  Amends New Source
                                                                 15/81                                                              Ambient Impact
                                                                                                                                    Analysis Guideline.
                                                               3/17/81     10/23/81  46 FR 51914..........  (c) 17...............  Variance for
                                                                                                                                    Uniroyal, Inc.
                                                               11/2/81     11/18/81  46 FR 56612..........  (c) 18...............  Approval State Energy
                                                                                                                                    Trade program.
                                                              11/14/75     11/18/81  46 FR 56612..........  52.380 (e)(1)........  EPA disapproval
                                                                                                                                    revision which
                                                                                                                                    allows exemption for
                                                                                                                                    home heating with
                                                                                                                                    coal, historic
                                                                                                                                    demonstrations, and
                                                                                                                                    other small sources.
                                                              11/12/81     12/22/81  46 FR 62062..........  (c) 19...............  Variances for United
                                                                                                                                    Technologies Corp.,
                                                                                                                                    Pratt & Whitney
                                                                                                                                    Aircraft Division
                                                                                                                                    facilities in New
                                                                                                                                    Haven and
                                                                                                                                    Middletown.
                                                                7/7/81     11/12/82  47 FR 51129..........  (c) 24...............  Variance for Sikorsky
                                                                                                                                    Aircraft--approved
                                                                                                                                    under the State
                                                                                                                                    Energy Trade
                                                                                                                                    Program.
                                                               5/27/82       2/8/83  48 FR 5723...........  (c) 26...............  Variance for Dow
                                                                                                                                    Chemical--approved
                                                                                                                                    under the State
                                                                                                                                    Energy Trade
                                                                                                                                    Program.

[[Page 417]]

 
                                                              12/15/82       5/4/83  48 FR 20051..........  (c) 27...............  Variance for Lydall,
                                                                                                                                    Inc.--approved under
                                                                                                                                    the State Energy
                                                                                                                                    trade (SET) Program.
                                                               11/1/82      6/28/83  48 FR 29689..........  (c) 28...............  Simkins Industries--
                                                                                                                                    approved under the
                                                                                                                                    State Energy Trade
                                                                                                                                    Program.
                                                               3/28/83     12/20/83  48 FR 56218..........  (c) 30...............  Variance for Loomis
                                                                                                                                    Institute--approved
                                                                                                                                    under the State
                                                                                                                                    Energy Trade
                                                                                                                                    Program.
                                                               2/19/93      1/18/94  59 FR 2531...........  (c) 63...............  Changes requirements
                                                                                                                                    at Himilton Standard
                                                                                                                                    Division of UTC.
22a-174-20........................  Control of organic          4/4/72      5/31/72  37 FR 23085..........  (b).
                                     compound emissions.
                                                               8/31/79     12/23/80  45 FR 84769..........  (c) 11...............  Requirements for
                                                                                                                                    certain Group I CTG
                                                                                                                                    source categories.
                                                                                                                                    Conditionally
                                                                                                                                    approved cutback
                                                                                                                                    asphalt and solvent
                                                                                                                                    metal cleaning
                                                                                                                                    categories.
                                                              10/10/80      1/17/82  47 FR 762............  (c) 20...............  Requirements for
                                                                                                                                    cutback asphalt
                                                                                                                                    (Group I--CTG).
                                                              10/10/80      2/17/82  47 FR 6827...........  (c) 25...............  Requirements for
                                                                                                                                    Group II CTGs
                                                                                                                                    exclusive of
                                                                                                                                    controlling gasoline
                                                                                                                                    tank truck leaks,
                                                                                                                                    petroleum liquid
                                                                                                                                    storage external
                                                                                                                                    floating roof tanks,
                                                                                                                                    manufacture of
                                                                                                                                    vegetable oil,
                                                                                                                                    pneumatic rubber
                                                                                                                                    tire categories.
                                                                                                                                    Other VOC rules.
                                                              10/10/80       6/7/82  47 FR 24452..........  (c) 23...............  Alternative emission
                                                                                                                                    reduction
                                                                                                                                    provisions.
                                                              12/10/82       2/1/84  49 FR 3989...........  (c) 29...............  Requirements for
                                                                                                                                    small open top
                                                                                                                                    degreasers (Group I--
                                                                                                                                    CTG).
                                                               9/24/83       2/1/84  49 FR 3989...........  (c) 29...............  Exempts colds
                                                                                                                                    cleaners at auto
                                                                                                                                    repair facilities.

[[Page 418]]

 
                                                               9/24/83      3/21/84  49 FR 10542..........  (c) 32...............  Adds degreasing
                                                                                                                                    requirements for
                                                                                                                                    conveyorized and
                                                                                                                                    cold cleaning
                                                                                                                                    operations.
                                                               8/31/79      3/21/84  49 FR 10542..........  (c) 32...............  Requirements for
                                                                                                                                    solvent metal
                                                                                                                                    cleaning (Group I
                                                                                                                                    CTG).
                                                               9/24/83      3/21/84  49 FR 10542..........  (c) 32...............  Exempts storage
                                                                                                                                    vessels from
                                                                                                                                    submerged fill.
                                                                                                                                    Delays effective
                                                                                                                                    date of Stage I
                                                                                                                                    vapor recovery by 1
                                                                                                                                    year. Requires RACT
                                                                                                                                    for all major
                                                                                                                                    sources of VOC not
                                                                                                                                    covered under a CTG
                                                                                                                                    document.
                                                               9/24/83     10/19/84  49 FR 41026..........  (c) 33...............  Adds major non-ctg
                                                                                                                                    sources covered by
                                                                                                                                    20(ee) to
                                                                                                                                    applicability,
                                                                                                                                    compliance,
                                                                                                                                    alternative emission
                                                                                                                                    reduction and
                                                                                                                                    seasonal operation
                                                                                                                                    after burner
                                                                                                                                    provisions.
                                                              12/13/84      7/18/85  50 FR 29229..........  (c) 34...............  Revision to cutback
                                                                                                                                    asphalt regulation.
                                                                                                                                    Requires facilities
                                                                                                                                    with external
                                                                                                                                    floating roofs to
                                                                                                                                    install secondary
                                                                                                                                    seats. Changes to
                                                                                                                                    gasoline tank truck
                                                                                                                                    regulation.
                                                               4/23/86     11/20/86  51 FR 41963..........  (c) 36...............  VOC RACT for
                                                                                                                                    Connecticut Charcoal
                                                                                                                                    Company.
                                                               4/28/86      2/19/87  52 FR 5104...........  (c) 37...............  VOC RACT for King
                                                                                                                                    Industries.
                                                                8/8/87     12/17/87  52 FR 47925..........  (c) 39...............  VOC RACT for Belding
                                                                                                                                    Corticelli Thread
                                                                                                                                    Company.
                                                               5/28/86      2/17/88  51 FR 4621...........  (c) 41...............  Effective date
                                                                                                                                    clarification for
                                                                                                                                    Connecticut
                                                                                                                                    Charcoal.
                                                               9/24/87      4/11/88  53 FR 11847..........  (c) 42...............  VOC RACT for Raymark
                                                                                                                                    Industries, Inc.
                                                                2/2/87      5/19/88  53 FR 17934..........  (c) 38...............  Clarifies
                                                                                                                                    applicability of VOC
                                                                                                                                    compliance methods
                                                                                                                                    for surface coating
                                                                                                                                    sources.

[[Page 419]]

 
                                                               3/17/87      5/19/88  53 FR 17934..........  (c) 38...............  Adds regulations for
                                                                                                                                    SOCMI fugitive leaks
                                                                                                                                    and polystyrene
                                                                                                                                    resins.
                                                               8/21/87      7/12/88  53 FR 26256..........  (c) 44...............  VOC RACT for Spongex
                                                                                                                                    International Ltd.
                                                              12/26/86       8/1/88  53 FR 28884..........  (c) 43...............  VOC RACT for American
                                                                                                                                    Cyanamid Company.
                                                              10/27/88       3/8/89  54 FR 9781...........  (c) 48...............  VOC RACT for Dow
                                                                                                                                    Chemical, U.S.A.
                                                                6/7/88      3/24/89  54 FR 12193..........  (c) 46...............  VOC RACT for New
                                                                                                                                    Departure Hyatt.
                                                              12/14/88      4/10/89  54 FR 14226..........  (c) 49...............  VOC RACT for
                                                                                                                                    Stanadyne.
                                                               3/22/89      5/30/89  54 FR 22891..........  (c) 51...............  VOC RACT for Pratt &
                                                                                                                                    Whitney Division of
                                                                                                                                    UTC.
                                                              12/30/88       6/2/89  54 FR 23650..........  (c) 50...............  Changes limit on
                                                                                                                                    volatility of
                                                                                                                                    gasoline.
                                                              10/19/87     11/28/89  54 FR 48885..........  (c) 47...............  VOC RACT for Frismar,
                                                                                                                                    Inc.
                                                              10/18/88     11/39/89  54 FR 49284..........  (c) 52...............  VOC RACT for Pfizer,
                                                                                                                                    Inc.
                                                                9/5/89     12/22/89  54 FR 52798..........  (c) 53...............  VOC RACT for Uniroyal
                                                                                                                                    Chemical Co.
                                                              11/29/89      3/12/90  55 FR 9121...........  (c) 54...............  VOC RACT for Hamilton
                                                                                                                                    Standard Division of
                                                                                                                                    United Technologies
                                                                                                                                    Corp.
                                                               11/2/88      3/14/90  55 FR 9442...........  (c) 55...............  VOC RACT for Heminway
                                                                                                                                    & Bartlett
                                                                                                                                    Manufacturing
                                                                                                                                    Company.
                                                              10/31/89     10/18/91  56 FR 52205..........  (c) 58...............  Changes applicability
                                                                                                                                    to facilities with
                                                                                                                                    =15
                                                                                                                                    pounds VOC per day.
                                                              10/31/89     10/18/91  56 FR 52205..........  (c) 58...............  Various changes to
                                                                                                                                    Section 20 approved.
                                                                9/1/93     11/19/93  58 FR 61041..........  .....................  Withdrawal of NPR for
                                                                                                                                    Sikorsky Aircraft
                                                                                                                                    Division of UTC,
                                                                                                                                    Bridgeport.
                                                           1/29/90, 9/       2/9/98  63 FR 6484...........  (c) (60).............  VOC RACT for Sikorsky
                                                           29/95, & 2/                                                              Aircraft Corporation
                                                                  7/96                                                              in Stratford.
                                                                6/3/96      4/24/98  63 FR 20318..........  (c) (73).............  Alternative VOC RACT
                                                                                                                                    for Risdon
                                                                                                                                    Corporation in
                                                                                                                                    Danbury.
                                                              11/18/93      3/10/99  64 FR 12024..........  (c)(75)..............  Changes to subsection
                                                                                                                                    22a-174-20(s),
                                                                                                                                    20(v), and 20(ee).

[[Page 420]]

 
                                    Loading gasoline and        4/1/98     10/19/00  65 FR 62624..........  (c)(84)..............  Changes to gasoline
                                     other volatile                                                                                 and volatile organic
                                     organic compounds.                                                                             loading regulations.
                                    Metal cleaning.......      8/23/96     10/19/00  65 FR 62624..........  (c)(84)..............  Changes to metal
                                                                                                                                    cleaning
                                                                                                                                    regulations.
                                    Miscellaneous metal         8/1/95     10/19/00  65 FR 62624..........  (c)(84)..............  Changes to
                                     parts and products.                                                                            regulations to add
                                                                                                                                    emission limit for
                                                                                                                                    architectural
                                                                                                                                    aluminum panels.
22a-174-21........................  Control of carbon           4/4/72      5/31/72  37 FR 23085..........  (b).
                                     monoxide emissions.
                                                               9/21/82      3/21/84  49 FR 10542..........  (c) 32...............  CO attainment plan.
22a-174-22........................  Control of Nitrogen       11/19/96      9/28/99  64 FR 52238..........  (c)(82)..............  Case-specific trading
                                     Oxides Emissions.                                                                              order for
                                                                                                                                    AlliedSignal, Inc.,
                                                                                                                                    and U.S. Army Tank-
                                                                                                                                    Automotive and
                                                                                                                                    Armaments Command in
                                                                                                                                    Stratford.
22a-174-22........................  Control of Nitrogen       11/19/96      9/28/99  64 FR 52238..........  (c)(82)..............  Case-specific trading
                                     Oxides Emissions.                                                                              order for
                                                                                                                                    Connecticut Natural
                                                                                                                                    Gas Corporation in
                                                                                                                                    Rocky Hill.
22a-174-22........................  Control of Nitrogen       12/20/96      9/28/99  64 FR 52238..........  (c)(82)..............  Case-specific trading
                                     Oxides Emissions.                                                                              order for Cytec
                                                                                                                                    Industries, Inc., in
                                                                                                                                    Wallingford.
22a-174-22........................  Control of Nitrogen        6/25/97      9/28/99  64 FR 52238..........  (c)(82)..............  Amendments to case-
                                     Oxides Emissions.                                                                              specific trading
                                                                                                                                    order for
                                                                                                                                    Connecticut Natural
                                                                                                                                    Gas Corporation.
22a-174-22........................  Control of Nitrogen         7/8/97      9/28/99  64 FR 52238..........  (c)(82)..............  Amendments to case-
                                     Oxides Emissions.                                                                              specific trading
                                                                                                                                    order for
                                                                                                                                    AlliedSignal, Inc.,
                                                                                                                                    and U.S. Army Tank-
                                                                                                                                    Automotive and
                                                                                                                                    Armaments Command in
                                                                                                                                    Stratford.
22a-174-22........................  Control of Nitrogen        7/23/97      9/28/99  64 FR 52238..........  (c)(82)..............  Case-specific trading
                                     Oxides Emissions.                                                                              order for Ogden
                                                                                                                                    Martin Systems of
                                                                                                                                    Bristol, Inc., in
                                                                                                                                    Bristol.
22a-174-22........................  Control of NOX             1/12/00      3/23/01  66 FR 16137..........  (c)(88)..............  Case-specific trading
                                     nitrogen oxide                                                                                 order for Wisvest
                                     emissions.                                                                                     Bridgeport Harbor
                                                                                                                                    Station's Unit No. 2
                                                                                                                                    in Bridgeport.

[[Page 421]]

 
                                                               5/22/00      3/23/01  66 FR 16137..........  (c)(88)..............  Amendment to case-
                                                                                                                                    specific trading
                                                                                                                                    order for Ogden
                                                                                                                                    Martin System's
                                                                                                                                    facility in Bristol.
                                                               5/22/00      3/23/01  66 FR 16137..........  (c)(88)..............  Amendment to case-
                                                                                                                                    specific trading
                                                                                                                                    order for
                                                                                                                                    Connecticut
                                                                                                                                    Resources Recovery
                                                                                                                                    Authority.
                                                               5/22/00      3/23/01  66 FR 16137..........  (c)(88)..............  Amendment to case-
                                                                                                                                    specific order for
                                                                                                                                    American Ref-Fuel
                                                                                                                                    Company.
                                                               5/22/00      3/23/01  66 FR 16137..........  (c)(88)..............  Amendment to case-
                                                                                                                                    specific trading
                                                                                                                                    order for Bridgeport
                                                                                                                                    Resco Company.
                                                               5/22/00      3/23/01  66 FR 16137..........  (c)(88)..............  Case-specific trading
                                                                                                                                    order for Wisvest
                                                                                                                                    Bridgeport Harbor
                                                                                                                                    Station's Unit No. 4
                                                                                                                                    in Bridgeport.
                                                               5/22/00      3/23/01  66 FR 16137..........  (c)(88)..............  Case-specific trading
                                                                                                                                    order for Wisvest
                                                                                                                                    New Haven Harbor
                                                                                                                                    Station's auxiliary
                                                                                                                                    Boiler in New Haven.
                                                               5/31/00      3/23/01  66 FR 16137..........  (c)(88)..............  Case-specific trading
                                                                                                                                    order for Wisvest
                                                                                                                                    Bridgeport Harbor
                                                                                                                                    Station's Unit No. 3
                                                                                                                                    in Bridgeport.
                                                               5/31/00      3/23/01  66 FR 16137..........  (c)(88)..............  Case-specific trading
                                                                                                                                    order for Wisvest
                                                                                                                                    New Haven Harbor
                                                                                                                                    Station's Unit No. 1
                                                                                                                                    in New Haven.
22a-174-22a.......................  Nitrogen Oxides           12/15/98      9/28/99  64 FR 52238..........  (c)(80)..............  Approval of NOX cap
                                     (NOX)Budget Program.                                                                           and allowance
                                                                                                                                    trading regulations.
                                                               9/04/07      1/24/08  73 FR 4105...........  (c)(97)..............  Repealed as of
                                                                                                                                    January 24, 2008.
                                                                                                                                    Superseded by CAIR.
22a-174-22b.......................  Post-2002 Nitrogen         9/29/99     12/27/00  65 FR 81746..........  (c)86................
                                     Oxides (NOX) Budget
                                     Program.
                                    The Connecticut Post-      9/04/07      1/24/08  73 FR 4105...........  (c)(97)..............  Repealed as of May 1,
                                     2002 NOX Budget                                                                                2010. Superseded by
                                     Program, as of May                                                                             CAIR.
                                     1, 2010.

[[Page 422]]

 
22a-174-22c.......................  The Clean Air              9/04/07      1/24/08  73 FR 4105...........  (c)(97)..............
                                     Interstate Rule
                                     (CAIR) Nitrogen
                                     Oxides (NOX) Ozone
                                     Season Trading
                                     Program.
22a-174-23........................  Control of Odors.....       4/4/72      5/31/72  37 FR 23085..........  (b).
                                    Rescinded from             8/31/79     12/23/80  45 FR 84769..........  (c) 11...............  EPA has no authority
                                     Federal SIP.                                                                                   to control odors.
22a-174-24........................  Connecticut primary         4/4/72      5/31/72  37 FR 23085..........  (b).
                                     and secondary
                                     standards.
                                                               7/11/81     11/18/81  46 FR 56612..........  (c) 18...............  Eliminated State 24-
                                                                                                                                    hour and annual
                                                                                                                                    standard for SO2.
                                                               10/8/80      2/17/82  47 FR 6827...........  (c) 25...............  Adopted ambient air
                                                                                                                                    quality standards
                                                                                                                                    for lead and revised
                                                                                                                                    the ozone standard.
                                                               10/8/80      8/24/82  47 FR 36822..........  (c) 20...............  EPA took ``no
                                                                                                                                    action'' on
                                                                                                                                    definition of the
                                                                                                                                    term ``acceptable
                                                                                                                                    method'' because did
                                                                                                                                    not ensure
                                                                                                                                    consistency with EPA
                                                                                                                                    monitoring
                                                                                                                                    regulations.
                                                               10/8/80      11/2/82  47 FR 49646..........  (c) 20...............  Correction to
                                                                                                                                    subparagraph
                                                                                                                                    designation.
                                                               10/8/80     12/13/85  50 FR 50906..........  (c) 35...............  Approved definition
                                                                                                                                    of acceptable
                                                                                                                                    method.
                                                               2/25/91      3/24/92  57 FR 10139..........  (c) 61...............  Requires use of low
                                                                                                                                    sulfur fuels at
                                                                                                                                    Connecticut Light &
                                                                                                                                    Power in Montville.
                                                               2/14/92     11/20/92  57 FR 54703..........  (c) 59...............  Requires use of low
                                                                                                                                    sulfur fuels at
                                                                                                                                    Stones CT Paperboard
                                                                                                                                    Corp.
                                                                2/5/92     11/20/92  57 FR 54703..........  (c) 59...............  Requires use of low
                                                                                                                                    sulfur fuel at
                                                                                                                                    Hartford Hospital.
22a-174-25........................  Effective date.......       4/4/72      5/31/72  37 FR 23085..........  (b).
22a-174-27........................  Emissions standards        3/26/98      3/10/99  64 FR 12005..........  (c)78................  Revised Department of
                                     for periodic motor                                                                             Environmental
                                     vehicle inspection                                                                             Protection
                                     and maintenance.                                                                               regulation contain I/
                                                                                                                                    M emission
                                                                                                                                    standards.

[[Page 423]]

 
22a-174-27........................  Emission standards         8/25/04     12/05/08  74 FR 74019..........  (c)(98)..............  DEP regulations
                                     and on-board                                                                                   including emissions
                                     diagnostic II test                                                                             standards and OBD2
                                     requirements for                                                                               requirements.
                                     periodic motor
                                     vehicle inspection
                                     and maintenance.
22a-174-28........................  SIP revision              09/28/99     01/31/00  64 FR 67188..........  (c)(83)..............  This SIP revision
                                     concerning                                                                                     removes the
                                     Oxygenated Gasoline.                                                                           oxygenated gasoline
                                                                                                                                    requirement for the
                                                                                                                                    Connecticut portion
                                                                                                                                    of the New York--N.
                                                                                                                                    New Jersey--Long
                                                                                                                                    Island area and
                                                                                                                                    changes it to a
                                                                                                                                    contingency measure
                                                                                                                                    for maintaining the
                                                                                                                                    carbon monoxide
                                                                                                                                    National Ambient Air
                                                                                                                                    Quality Standard in
                                                                                                                                    the southwest
                                                                                                                                    Connecticut area.
14-164c...........................  Periodic Motor              4/7/98      3/10/99  64 FR 12005..........  (c)78................  Revised Department of
                                     Vehicle Inspection                                                                             Motor Vehicles
                                     and Maintenance.                                                                               regulation for the
                                                                                                                                    Connecticut I/M
                                                                                                                                    Program.
                                                               6/24/99     10/27/00  10/27/00, 65 FR 64360  (c)89................  Revised subsection
                                                                                                                                    (b) of Section 14-
                                                                                                                                    164c-11a of the
                                                                                                                                    Department of Motor
                                                                                                                                    Vehicles regulation
                                                                                                                                    concerning emissions
                                                                                                                                    repairs expenditure
                                                                                                                                    requirement to
                                                                                                                                    receive waver.
14-164c...........................  Periodic Motor             5/28/04     12/05/08  74 FR 74019..........  (c)(98)..............  DMV regulation
                                     Vehicle Emissions                                                                              revisions for test
                                     Inspection and                                                                                 and repair network
                                     Maintenance.                                                                                   and implementing
                                                                                                                                    OBD2 and other
                                                                                                                                    tests.
22a-174-30........................  Gasoline Vapor             1/12/93     12/17/93  58 FR 65930..........  (c) 62...............  Requires Stage II
                                     Recovery.                                                                                      vapor recovery from
                                                                                                                                    gasoline dispensers.
                                                                            1/18/94  59 FR 2649...........  (c) 62...............  Correction to 12/17/
                                                                                                                                    93 notice.

[[Page 424]]

 
                                                               5/10/04      8/31/06  71 FR 51761..........  (c)(95)..............  Added new
                                                                                                                                    requirements for PV
                                                                                                                                    vents and increased
                                                                                                                                    frequency of Stage
                                                                                                                                    II testing. All of
                                                                                                                                    22a-174-30 is
                                                                                                                                    approved with the
                                                                                                                                    exception of
                                                                                                                                    subsection (c)(5),
                                                                                                                                    which the state did
                                                                                                                                    not submit as part
                                                                                                                                    of the SIP revision.
22a-174-32........................  Reasonably available      11/18/93      3/10/99  64 FR 12024..........  (c)(76)..............  Conditional approval
                                     control technology                                                                             of the addition of
                                     for volatile organic                                                                           non-CTG VOC RACT
                                     compounds.                                                                                     requirements.
 174                                                           8/27/99     10/19/00  65 FR 62624..........  (c)(84)..............  Changes to the non-
                                                                                                                                    CTG regulation.
22a-174-32........................  Reasonably available       4/15/02     10/24/05  70 FR 61384..........  (c)(96)..............  VOC RACT for
                                     control technology                                                                             Hitchcock Chair.
                                     for volatile organic
                                     compounds.
22a-174-32........................  Reasonably available       4/23/01     10/24/05  70 FR 61384..........  (c)(96)..............  VOC RACT for Kimberly
                                     control technology                                                                             Clark.
                                     for volatile organic
                                     compounds.
22a-174-32........................  Reasonably available      10/03/02     10/24/05  70 FR 61384..........  (c)(96)..............  VOC RACT for Watson
                                     control technology                                                                             Laboratories.
                                     for volatile organic
                                     compounds.
22a-174-32........................  Reasonably available      10/04/02     10/24/05  70 FR 61384..........  (c)(96)..............  VOC RACT for Ross &
                                     control technology                                                                             Roberts.
                                     for volatile organic
                                     compounds.
22a-174-36........................  Low Emission Vehicles     12/23/94       3/9/00  65 FR 12479..........  (c)(79)..............  Approval of Low
                                                                                                                                    Emission Vehicle
                                                                                                                                    Program.
22a-174-36(g).....................  Alternative Means of       1/29/99       3/9/00  65 FR 12479..........  (c)(79)..............  Approval of
                                     Compliance via the                                                                             Alternative Means of
                                     National Low                                                                                   Compliance via the
                                     Emission Vehicle                                                                               National Low
                                     (LEV) Program.                                                                                 Emission Vehicle
                                                                                                                                    (LEV) Program for
                                                                                                                                    the ``California''
                                                                                                                                    low emission vehicle
                                                                                                                                    program adopted
                                                                                                                                    above.

[[Page 425]]

 
22a-174-38........................  Municipal Waste           10/26/00      12/6/01  66 FR 63312..........  c(90)................  The nitrogen oxide
                                     Combustors.                                                                                    emission limits and
                                                                                                                                    related regulatory
                                                                                                                                    provisions of 22a-
                                                                                                                                    174-38, Municipal
                                                                                                                                    Waste Combustors,
                                                                                                                                    included in sections
                                                                                                                                    22a-174-38 (a), (b),
                                                                                                                                    (c), (d), (i), (j),
                                                                                                                                    (k), (l), and (m).
22a-174-43........................  Portable Fuel              5/10/04      8/31/06  71 FR 51761..........  (c)(95)..............
                                     Container Spillage
                                     Control.
22a-174-100.......................  Permits for                 1/9/74      2/25/74  39 FR 7280...........  (c) 4................  Requires review of
                                     construction of                                                                                air impacts of
                                     indirect sources                                                                               indirect sources.
                                     Rescinded from
                                     federal SIP.
                                                               8/20/74      2/13/76  41 FR 6765...........  (c) 6................  Added indirect source
                                                                                                                                    review (ISR)
                                                                                                                                    regulations.
                                                               6/30/77      1/26/79  44 FR 5427...........  (c) 9.
                                                                    NA     12/23/79  45 FR 84769..........  (c) 11...............  SIP shown to attain
                                                                                                                                    standards as
                                                                                                                                    expeditiously as
                                                                                                                                    practicable without
                                                                                                                                    ISR regulation.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[62 FR 52022, Oct. 6, 1997; 62 FR 65224, Dec. 11, 1997, as amended at 63 
FR 6487, Feb. 9, 1998; 63 FR 20318, Apr. 24, 1998; 64 FR 12024, Mar. 10, 
1999; 64 FR 52238, Sept. 28, 1999; 64 FR 67192, Dec. 1, 1999; 65 FR 
12479, Mar. 9, 2000; 65 FR 62624, Oct. 19, 2000; 65 FR 64360, Oct. 27, 
2000; 65 FR 81746, Dec. 27, 2000; 66 FR 16137, Mar. 23, 2001; 66 FR 
63312, Dec. 6, 2001; 68 FR 9011, Feb. 27, 2003; 70 FR 61387, Oct. 24, 
2005; 71 FR 51765, Aug. 31, 2006; 73 FR 4109, Jan. 24, 2008; 73 FR 
74026, Dec. 5, 2008]



Sec. 52.387  Interstate Transport for the 1997 8-hour ozone and PM2.5 NAAQS.

    On March 13, 2007, the State of Connecticut submitted a State 
Implementation Plan (SIP) revision addressing the Section 
110(a)(2)(D)(i) interstate transport requirements of the Clean Air Act 
for the 1997 8-hour ozone and PM2.5 National Ambient Air 
Quality Standards (NAAQS). There are four distinct elements related to 
the impact of interstate transport of air pollutants. These include 
prohibiting significant contribution to downwind nonattainment of the 
NAAQS, interference with maintenance of the NAAQS, interference with 
plans in another state to prevent significant deterioration of air 
quality, and interference with efforts of other states to protect 
visibility. EPA has found that Connecticut's March 13, 2007 submittal 
adequately addresses these four distinct elements and has approved the 
submittal as meeting the requirements of Section 110(a)(2)(D)(i) for the 
1997 8-hour ozone and PM2.5 NAAQS.

[73 FR 25518, May 7, 2008]

[[Page 426]]



                           Subpart I_Delaware



Sec. 52.420  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for Delaware 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. The material incorporated is 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 March 1, 2011 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 which have been approved as part of 
the State implementation plan as of March 1, 2011.
    (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 Delaware SIP
----------------------------------------------------------------------------------------------------------------
                                                              State
 State regulation (7 DNREC 1100)        Title/subject       effective    EPA approval date        Additional
                                                               date                              explanation
----------------------------------------------------------------------------------------------------------------
                                 1101 Definitions and Administrative Principles
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  General Provisions.....    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  Definitions............    9/11/08  8/11/10, 75 FR 48566  Revised format for
                                                                                              all definitions
                                                                                              which EPA has
                                                                                              previously
                                                                                              approved as part
                                                                                              of the SIP.
Section 3.0......................  Administrative             9/11/08  8/11/10, 75 FR 48566
                                    Principles.
Section 4.0......................  Abbreviations..........    9/11/08  8/11/10, 75 FR 48566
----------------------------------------------------------------------------------------------------------------
                                                  1102 Permits
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  General Provisions.....    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  Applicability..........    9/11/08  8/11/10, 75 FR 48566
Section 3.0......................  Application/               9/11/08  8/11/10, 75 FR 48566
                                    Registration Prepared
                                    by Interested Party.
Section 4.0......................  Cancellation of            9/11/08  8/11/10, 75 FR 48566
                                    Construction Permits.
Section 5.0......................  Action on Applications.    9/11/08  8/11/10, 75 FR 48566
Section 6.0......................  Denial, Suspension or      9/11/08  8/11/10, 75 FR 48566
                                    Revocation of
                                    Operating Permits.
Section 7.0......................  Transfer of Permit/        9/11/08  8/11/10, 75 FR 48566
                                    Registration
                                    Prohibited.
Section 8.0......................  Availability of Permit/    9/11/08  8/11/10, 75 FR 48566
                                    Registration.
Section 9.0......................  Registration Submittal.    9/11/08  8/11/10, 75 FR 48566
Section 10.0.....................  Source Category Permit     9/11/08  8/11/10, 75 FR 48566
                                    Application.
Section 11.0.....................  Permit Application.....    9/11/08  8/11/10, 75 FR 48566
Section 12.0.....................  Public Participation...    9/11/08  8/11/10, 75 FR 48566
Section 13.0.....................  Department Records.....    9/11/08  8/11/10, 75 FR 48566
Appendix A, paragraphs 1.0         [List of Permit            9/11/08  8/11/10, 75 FR 48566
 through 31.0).                     Exemptions].
----------------------------------------------------------------------------------------------------------------
                                       1103 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  General Provisions.....    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  General Restrictions...    9/11/08  8/11/10, 75 FR 48566

[[Page 427]]

 
Section 3.0......................  Suspended Particulates.    9/11/08  8/11/10, 75 FR 48566
Section 4.0......................  Sulfur Dioxide.........    9/11/08  8/11/10, 75 FR 48566
Section 5.0......................  Carbon Monoxide........    9/11/08  8/11/10, 75 FR 48566
Section 6.0......................  Ozone..................    9/11/08  8/11/10, 75 FR 48566
Section 8.0......................  Nitrogen Dioxide.......    9/11/08  8/11/10, 75 FR 48566
Section 10.0.....................  Lead...................    9/11/08  8/11/10, 75 FR 48566
Section 11.0.....................  PM10 and PM2.5             9/11/08  8/11/10, 75 FR 48566
                                    Particulates.
----------------------------------------------------------------------------------------------------------------
                             1104 Particulate Emissions from Fuel Burning Equipment
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  General Provisions.....    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  Emission Limits........    9/11/08  8/11/10, 75 FR 48566
----------------------------------------------------------------------------------------------------------------
                          1105 Particulate Emissions from Industrial Process Operations
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  General Provisions.....    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  General Restrictions...    9/11/08  8/11/10, 75 FR 48566
Section 3.0......................  Restrictions on Hot Mix    9/11/08  8/11/10, 75 FR 48566
                                    Asphalt Batching
                                    Operations.
Section 4.0......................  Restrictions on            9/11/08  8/11/10, 75 FR 48566
                                    Secondary Metal
                                    Operations.
Section 5.0......................  Restrictions on            9/11/08  8/11/10, 75 FR 48566
                                    Petroleum Refining
                                    Operations.
Section 6.0......................  Restrictions on Prill      9/11/08  8/11/10, 75 FR 48566
                                    Tower Operation.
Section 7.0......................  Control of Potentially     9/11/08  8/11/10, 75 FR 48566
                                    Hazardous Particulate
                                    Matter.
----------------------------------------------------------------------------------------------------------------
                       1106 Particulate Emissions from Construction and Materials Handling
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  General Provisions.....    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  Demolition.............    9/11/08  8/11/10, 75 FR 48566
Section 3.0......................  Grading, Land Clearing,    9/11/08  8/11/10, 75 FR 48566
                                    Excavation and Use of
                                    Non-Paved Roads.
Section 4.0......................  Material Movement......    9/11/08  8/11/10, 75 FR 48566
Section 5.0......................  Sandblasting...........    9/11/08  8/11/10, 75 FR 48566
Section 6.0......................  Material Storage.......    9/11/08  8/11/10, 75 FR 48566
----------------------------------------------------------------------------------------------------------------
                       1107 Particulate Emissions from Incineration of Noninfectious Waste
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  General Provisions.....    9/11/08  8/11/10, 75 FR 48566
Section 2........................  Restrictions...........    12/8/83  10/3/84 49 FR 39061.  Provisions were
                                                                                              revised 10/13/89
                                                                                              by State, but not
                                                                                              submitted to EPA
                                                                                              as SIP revisions.
----------------------------------------------------------------------------------------------------------------
                            1108 Sulfur Dioxide Emissions from Fuel Burning Equipment
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  General Provisions.....    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  Limit on Sulfur Content    9/11/08  8/11/10, 75 FR 48566
                                    of Fuel.
Section 3.0......................  Emissions Control in       9/11/08  8/11/10, 75 FR 48566
                                    Lieu of Sulfur Content
                                    Limits of 2.0 of this
                                    Regulation.
----------------------------------------------------------------------------------------------------------------
                          1109 Emissions of Sulfur Compounds from Industrial Operations
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  General Provisions.....    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  Restrictions on            9/11/08  8/11/10, 75 FR 48566  Section 2.2 (State
                                    Sulfuric Acid                                             effective date: 9/
                                    Manufacturing                                             26/1980) is
                                    Operations.                                               Federally
                                                                                              enforceable as a
                                                                                              Section 111(d)
                                                                                              plan and codified
                                                                                              at 40 CFR 62.1875.
Section 3.0......................  Restriction on Sulfur      9/11/08  8/11/10, 75 FR 48566
                                    Recovery Operations.
Section 4.0......................  Stack Height               9/11/08  8/11/10, 75 FR 48566
                                    Requirements.
----------------------------------------------------------------------------------------------------------------
                       1110 Control of Sulfur Dioxide Emissions--Kent and Sussex Counties
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  Requirements for           9/11/08  8/11/10, 75 FR 48566
                                    Existing Sources of
                                    Sulfur Dioxide.

[[Page 428]]

 
Section 2.0......................  Requirements for New       9/11/08  8/11/10, 75 FR 48566
                                    Sources of Sulfur
                                    Dioxide.
----------------------------------------------------------------------------------------------------------------
              1111 Carbon Monoxide Emissions from Industrial Process Operations--New Castle County
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  General Provisions.....    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  Restrictions on            9/11/08  8/11/10, 75 FR 48566
                                    Petroleum Refining
                                    Operations.
----------------------------------------------------------------------------------------------------------------
                                    1112 Control of Nitrogen Oxide Emissions
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  Applicability..........    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  Definitions............    9/11/08  8/11/10, 75 FR 48566
Section 3.0......................  Standards..............    9/11/08  8/11/10, 75 FR 48566
Section 4.0......................  Exemptions.............    9/11/08  8/11/10, 75 FR 48566
Section 5.0......................  Alternative and            9/11/08  8/11/10, 75 FR 48566
                                    Equivalent RACT
                                    Determination.
Section 6.0......................  RACT Proposals.........    9/11/08  8/11/10, 75 FR 48566
Section 7.0......................  Compliance,                9/11/08  8/11/10, 75 FR 48566
                                    Certification,
                                    Recordkeeping, and
                                    Reporting Requirements.
----------------------------------------------------------------------------------------------------------------
                                                1113 Open Burning
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  Purpose................    4/11/07  9/20/07 72 FR 53686.
Section 2.0......................  Applicability..........    4/11/07  9/20/07 72 FR 53686.
Section 3.0......................  Definitions............    9/11/08  8/11/10, 75 FR 48566
Section 4.0......................  Prohibitions and           9/11/08  8/11/10, 75 FR 48566
                                    Related Provisions.
Section 5.0......................  Season and Time            9/11/08  8/11/10, 75 FR 48566
                                    Restrictions.
Section 6.0......................  Allowable Open Burning.    9/11/08  8/11/10, 75 FR 48566
Section 7.0......................  Exemptions.............    4/11/07  9/20/07 72 FR 53686.
----------------------------------------------------------------------------------------------------------------
                                             1114 Visible Emissions
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  General Provisions.....    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  Requirements...........    9/11/08  8/11/10, 75 FR 48566
Section 3.0......................  Alternate Opacity          9/11/08  8/11/10, 75 FR 48566
                                    Requirements.
Section 4.0......................  Compliance with Opacity    9/11/08  8/11/10, 75 FR 48566
                                    Standards.
----------------------------------------------------------------------------------------------------------------
                                   1115 Air Pollution Alert and Emergency Plan
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  General Provisions.....    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  Stages and Criteria....    9/11/08  8/11/10, 75 FR 48566
Section 3.0......................  Required Actions.......    9/11/08  8/11/10, 75 FR 48566
Section 4.0......................  Standby Plans..........    9/11/08  8/11/10, 75 FR 48566
----------------------------------------------------------------------------------------------------------------
                            1116 Sources Having an Interstate Air Pollution Potential
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  General Provisions.....    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  Limitations............    9/11/08  8/11/10, 75 FR 48566
Section 3.0......................  Requirements...........    9/11/08  8/11/10, 75 FR 48566
----------------------------------------------------------------------------------------------------------------
                               1117 Source Monitoring, Recordkeeping and Reporting
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  Definitions and            9/11/08  8/11/10, 75 FR 48566
                                    Administrative
                                    Principles.
Section 2.0......................  Sampling and Monitoring    9/11/08  8/11/10, 75 FR 48566
Section 3.0......................  Minimum Emission           9/11/08  8/11/10, 75 FR 48566
                                    Monitoring
                                    Requirements for
                                    Existing Sources.
Section 4.0......................  Performance                9/11/08  8/11/10, 75 FR 48566
                                    Specifications.
Section 5.0......................  Minimum Data               9/11/08  8/11/10, 75 FR 48566
                                    Requirements.
Section 6.0......................  Data Reduction.........    9/11/08  8/11/10, 75 FR 48566
Section 7.0......................  Emission Statement.....    9/11/08  8/11/10, 75 FR 48566
----------------------------------------------------------------------------------------------------------------
                      1123 Standards of Performance for Steel Plants: Electric Arc Furnaces
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  Applicability..........    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  Definitions............    9/11/08  8/11/10, 75 FR 48566
Section 3.0......................  Standard for               9/11/08  8/11/10, 75 FR 48566
                                    Particulate Matter.
Section 4.0......................  Monitoring of              9/11/08  8/11/10, 75 FR 48566
                                    Operations.
Section 5.0......................  Test Methods and           9/11/08  8/11/10, 75 FR 48566
                                    Procedures.
----------------------------------------------------------------------------------------------------------------

[[Page 429]]

 
                               1124 Control of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  General Provisions.....    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  Definitions............    9/11/08  8/11/10, 75 FR 48566
Section 3.0......................  Applicability..........    9/11/08  8/11/10, 75 FR 48566
Section 4.0......................  Compliance                 9/11/08  8/11/10, 75 FR 48566
                                    Certification,
                                    Recordkeeping, and
                                    Reporting Requirements
                                    for Coating Sources.
Section 5.0......................  Compliance                 9/11/08  8/11/10, 75 FR 48566
                                    Certification,
                                    Recordkeeping, and
                                    Reporting Requirements
                                    for Non-Coating
                                    Sources.
Section 6.0......................  General Recordkeeping..    9/11/08  8/11/10, 75 FR 48566
Section 7.0......................  Circumvention..........    9/11/08  8/11/10, 75 FR 48566
Section 8.0......................  Handling, Storage, and     3/11/11  4/13/12, 77 FR 22224
                                    Disposal of Volatile
                                    Organic Compounds.
Section 9.0......................  Compliance, Permits,       9/11/08  8/11/10, 75 FR 48566
                                    Enforceability.
Section 10.0.....................  Aerospace Coatings.....    9/11/08  8/11/10, 75 FR 48566
Section 11.0.....................  Mobile Equipment Repair    9/11/08  8/11/10, 75 FR 48566
                                    and Refinishing.
Section 12.0.....................  Surface Coating of         9/11/08  8/11/10, 75 FR 48566
                                    Plastic Parts.
Section 13.0.....................  Automobile and Light-      3/11/11  4/13/12, 77 FR 22224
                                    Duty Truck Coating
                                    Operations.
Section 14.0.....................  Can Coating............    9/11/08  8/11/10, 75 FR 48566
Section 15.0.....................  Coil Coating...........    9/11/08  8/11/10, 75 FR 48566
Section 16.0.....................  Paper Coating..........    3/11/11  4/13/12, 77 FR 22224  Amended to add
                                                                                              ``film and foil
                                                                                              coating'' to the
                                                                                              regulated
                                                                                              category.
Section 17.0.....................  Fabric Coating.........    9/11/08  8/11/10, 75 FR 48566
Section 18.0.....................  Vinyl Coating..........    9/11/08  8/11/10, 75 FR 48566
Section 19.0.....................  Coating of Metal           9/11/08  8/11/10, 75 FR 48566
                                    Furniture.
Section 20.0.....................  Coating of Large           9/11/08  8/11/10, 75 FR 48566
                                    Appliances.
Section 21.0.....................  Coating of Magnet Wire.    9/11/08  8/11/10, 75 FR 48566
Section 22.0.....................  Coating of                 9/11/08  8/11/10, 75 FR 48566
                                    Miscellaneous Metal
                                    Parts.
Section 23.0.....................  Coating of Flat Wood       3/11/11  4/13/12, 77 FR 22224
                                    Paneling.
Section 24.0.....................  Bulk Gasoline Plants...    9/11/08  8/11/10, 75 FR 48566
Section 25.0.....................  Bulk Gasoline Terminals    9/11/08  8/11/10, 75 FR 48566
Section 26.0.....................  Gasoline Dispensing        9/11/08  8/11/10, 75 FR 48566
                                    Facility--Stage I
                                    Vapor Recovery.
Section 27.0.....................  Gasoline Tank Trucks...    9/11/08  8/11/10, 75 FR 48566
Section 28.0.....................  Petroleum Refinery         9/11/08  8/11/10, 75 FR 48566
                                    Sources.
Section 29.0.....................  Leaks from Petroleum       9/11/08  8/11/10, 75 FR 48566
                                    Refinery Equipment.
Section 30.0.....................  Petroleum Liquid           9/11/08  8/11/10, 75 FR 48566
                                    Storage in External
                                    Floating Roof Tanks.
Section 31.0.....................  Petroleum Liquid           9/11/08  8/11/10, 75 FR 48566
                                    Storage in Fixed Roof
                                    Tanks.
Section 32.0.....................  Leaks from Natural Gas/    9/11/08  8/11/10, 75 FR 48566
                                    Gasoline Processing
                                    Equipment.
Section 33.0.....................  Solvent Metal Cleaning     9/11/08  8/11/10, 75 FR 48566
                                    and Drying.
Section 34.0.....................  Cutback and Emulsified     9/11/08  8/11/10, 75 FR 48566
                                    Asphalt.
Section 35.0.....................  Manufacture of             9/11/08  8/11/10, 75 FR 48566
                                    Synthesized
                                    Pharmaceutical
                                    Products.
Section 36.0.....................  Stage II Vapor Recovery    9/11/08  8/11/10, 75 FR 48566
Section 37.0.....................  Graphic Art Systems....    3/11/11  4/13/12, 77 FR 22224  Amended to add
                                                                                              ``flexible
                                                                                              packaging
                                                                                              printing'' to the
                                                                                              regulated
                                                                                              category.
Section 38.0.....................  Petroleum Solvent Dry      9/11/08  8/11/10, 75 FR 48566
                                    Cleaners.
Section 40.0.....................  Leaks from Synthetic       9/11/08  8/11/10, 75 FR 48566
                                    Organic Chemical,
                                    Polymer, and Resin
                                    Manufacturing
                                    Equipment.
Section 41.0.....................  Manufacture of High-       9/11/08  8/11/10, 75 FR 48566
                                    Density Polyethylene,
                                    Polypropylene and
                                    Polystyrene Resins.
Section 42.0.....................  Air Oxidation Processes    9/11/08  8/11/10, 75 FR 48566
                                    in the Synthetic
                                    Organic Chemical
                                    Manufacturing Industry.
Section 43.0.....................  Bulk Gasoline Marine       9/11/08  8/11/10, 75 FR 48566
                                    Tank Vessel Loading
                                    Facilities.
Section 44.0.....................  Batch Processing           9/11/08  8/11/10, 75 FR 48566
                                    Operations.
Section 45.0.....................  Industrial Cleaning        3/11/11  4/13/12, 77 FR 22224
                                    Solvents.
Section 46.0.....................  Crude Oil Lightering       9/11/08  8/11/10, 75 FR 48566
                                    Operations.

[[Page 430]]

 
Section 47.0.....................  Offset Lithographic        4/11/11  11/25/11, 76 FR       Amendments to
                                    Printing and                        72626.                Sections 47.1
                                    Letterpress Printing.                                     through 47.6 to
                                                                                              include control
                                                                                              requirements for
                                                                                              letterpress
                                                                                              printing.
Section 48.0.....................  Reactor Processes and      9/11/08  8/11/10, 75 FR 48566
                                    Distillation
                                    Operations in the
                                    Synthetic Organic
                                    Chemical Manufacturing
                                    Industry.
Section 49.0.....................  Control of Volatile        9/11/08  8/11/10, 75 FR 48566
                                    Organic Compound
                                    Emissions from
                                    Volatile Organic
                                    Liquid Storage Vessels.
Section 50.0.....................  Other Facilities that      9/11/08  8/11/10, 75 FR 48566  The SIP effective
                                    Emit Volatile Organic                                     date for former
                                    Compounds (VOCs).                                         Sections 50(a)(5)
                                                                                              and 50(b)(3) is 5/
                                                                                              1/98.
Appendix A.......................  Test Methods and           9/11/08  8/11/10, 75 FR 48566
                                    Compliance Procedures:
                                    General Provisions.
Appendix B.......................  Test Methods and           9/11/08  8/11/10, 75 FR 48566
                                    Compliance Procedures:
                                    Determining the
                                    Volatile Organic
                                    Compound (VOC) Content
                                    of Coatings and Inks.
Appendix C.......................  Test Methods and           9/11/08  8/11/10, 75 FR 48566
                                    Compliance Procedures:
                                    Alternative Compliance
                                    Methods for Surface
                                    Coating.
Appendix D.......................  Test Methods and           9/11/08  8/11/10, 75 FR 48566
                                    Compliance Procedures:
                                    Emission Capture and
                                    Destruction or Removal
                                    Efficiency and
                                    Monitoring
                                    Requirements.
Appendix E.......................  Test Methods and           9/11/08  8/11/10, 75 FR 48566
                                    Compliance Procedures:
                                    Determining the
                                    Destruction or Removal
                                    Efficiency of a
                                    Control Device.
Appendix F.......................  Test Methods and           9/11/08  8/11/10, 75 FR 48566
                                    Compliance Procedures:
                                    Leak Detection Methods
                                    for Volatile Organic
                                    Compounds (VOCs).
Appendix G.......................  Performance                9/11/08  8/11/10, 75 FR 48566
                                    Specifications for
                                    Continuous Emissions
                                    Monitoring of Total
                                    Hydrocarbons.
Appendix H.......................  Quality Control            9/11/08  8/11/10, 75 FR 48566
                                    Procedures for
                                    Continuous Emission
                                    Monitoring Systems
                                    (CEMS).
Appendix I.......................  Method to Determine        9/11/08  8/11/10, 75 FR 48566
                                    Length of Rolling
                                    Period for Liquid/
                                    Liquid Material
                                    Balance.
Appendix K.......................  Emission Estimation        9/11/08  8/11/10, 75 FR 48566
                                    Methodologies.
Appendix L.......................  Method to Determine        9/11/08  8/11/10, 75 FR 48566
                                    Total Organic Carbon
                                    for Offset
                                    Lithographic Solutions.
Appendix M.......................  Test Method for            9/11/08  8/11/10, 75 FR 48566
                                    Determining the
                                    Performance of
                                    Alternative Cleaning
                                    Fluids.
----------------------------------------------------------------------------------------------------------------
                                  1125 Requirements for Preconstruction Review
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  General Provisions.....    9/11/08  8/11/10, 75 FR 48566  In section 1.9, the
                                                                                              previous SIP-
                                                                                              approved baseline
                                                                                              dates for sulfur
                                                                                              dioxide,
                                                                                              particulate
                                                                                              matter, and
                                                                                              nitrogen dioxide
                                                                                              in the definition
                                                                                              of ``Baseline
                                                                                              Date'' remain part
                                                                                              of the SIP.
Section 2.0......................  Emission Offset            9/11/08  8/11/10, 75 FR 48566
                                    Provisions (EOP).

[[Page 431]]

 
Section 3.0......................  Prevention of              4/11/10  9/20/11, 76 FR 58120  Modified to include
                                    Significant                                               NOX as precursor
                                    Deterioration of Air                                      to ozone. Previous
                                    Quality.                                                  SIP-approved
                                                                                              revisions to
                                                                                              Section 3.1 for
                                                                                              nitrogen dioxide
                                                                                              increments and
                                                                                              Section 3.9A (now
                                                                                              designated as
                                                                                              Section 3.10.1)
                                                                                              for air quality
                                                                                              models remain part
                                                                                              of the SIP.
----------------------------------------------------------------------------------------------------------------
                                 1126 Motor Vehicle Emissions Inspection Program
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  Applicability and          9/11/08  8/11/10, 75 FR 48566  Regulation 1126
                                    General Provisions.                                       provisions apply
                                                                                              to Sussex County
                                                                                              only, effective
                                                                                              November 1, 1999.
Section 2.0......................  Definitions............    9/11/08  8/11/10, 75 FR 48566
Section 3.0......................  Registration               9/11/08  8/11/10, 75 FR 48566
                                    Requirement.
Section 4.0......................  Exemptions.............    9/11/08  8/11/10, 75 FR 48566
Section 5.0......................  Enforcement............    9/11/08  8/11/10, 75 FR 48566
Section 6.0......................  Compliance, Waivers,       9/11/08  8/11/10, 75 FR 48566
                                    Extensions of Time.
Section 7.0......................  Inspection Facility        9/11/08  8/11/10, 75 FR 48566
                                    Requirements.
Section 8.0......................  Certification of Motor     9/11/08  8/11/10, 75 FR 48566
                                    Vehicle Officers.
Section 9.0......................  Calibration and Test       9/11/08  8/11/10, 75 FR 48566
                                    Procedures and
                                    Approved Equipment.
Technical Memorandum 1...........  Delaware Division of       9/11/08  8/11/10, 75 FR 48566
                                    Motor Vehicles Vehicle
                                    Exhaust Emissions Test.
Technical Memorandum 2...........  (Motor Vehicle             9/11/08  8/11/10, 75 FR 48566
                                    Inspection and
                                    Maintenance Program
                                    Emission Limit
                                    Determination).
----------------------------------------------------------------------------------------------------------------
                                               1127 Stack Heights
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  General Provisions.....    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  Definitions Specific to    9/11/08  8/11/10, 75 FR 48566
                                    this Regulation.
Section 3.0......................  Requirements for           9/11/08  8/11/10, 75 FR 48566
                                    Existing and New
                                    Sources.
Section 4.0......................  Public Notification....    9/11/08  8/11/10, 75 FR 48566
----------------------------------------------------------------------------------------------------------------
                        Regulation No. 31 Low Enhanced Inspection and Maintenance Program
----------------------------------------------------------------------------------------------------------------
Section 1........................  Applicability..........   10/11/01  11/27/03 68 FR 66343
Section 2........................  Low Enhanced I/M          10/11/01  1/27/03 68 FR 66343.
                                    Performance Standard.
Section 3........................  Network Type and          10/11/01  11/27/03 68 FR 66343
                                    Program Evaluation.
Section 4........................  Test Frequency and         6/11/99  9/30/99 64 FR 52657.
                                    Convenience.
Section 5........................  Vehicle Coverage.......   10/11/01  1/27/03 68 FR 66343.
Section 6........................  Test Procedures and       10/11/01  11/27/03 68 FR 66343
                                    Standards.
Section 7........................  Waivers and Compliance    10/11/01  11/27/03 68 FR 66343
                                    via Diagnostic
                                    Inspection.
Section 8........................  Motorist Compliance       10/11/01  11/27/03 68 FR 66343
                                    Enforcement.
Section 9........................  Enforcement Against       10/11/01  11/27/03 68 FR 66343
                                    Operators and Motor
                                    Vehicle Technicians.
Section 10.......................  Improving Repair           8/13/98  9/30/99 64 FR 52657.
                                    Effectiveness.
Section 11.......................  Compliance with Recall     8/13/98  9/30/99 64 FR 52657.
                                    Notices.
Section 12.......................  On-Road Testing........    8/13/98  9/30/99 64 FR 52657.
Section 13.......................  Implementation            10/11/01  11/27/03 68 FR 66343
                                    Deadlines.
Appendix 1(d)....................  Commitment to Extend       8/13/98  9/30/99 64 FR 52657.
                                    the I/M Program to the
                                    Attainment Date From
                                    Secretary Tulou to EPA
                                    Administrator W.
                                    Michael McCabe.
Appendix 3(a)(7).................  Exhaust Emission Limits    8/13/98  9/30/99 64 FR 52657.
                                    According to Model
                                    Year.
Appendix 3(c)(2).................  VMASTM Test Procedure..    6/11/99  9/30/99 64 FR 52657.
Appendix 4(a)....................  Sections from Delaware     8/13/98  9/30/99 64 FR 52657.
                                    Criminal and Traffic
                                    Law Manual.
Appendix 5(a)....................  Division of Motor          8/13/98  9/30/99 64 FR 52657.
                                    Vehicles Policy on Out
                                    of State Renewals.

[[Page 432]]

 
Appendix 5(f)....................  New Model Year Clean      10/11/01  11/27/03 68 FR 66343
                                    Screen.
Appendix 6(a)....................  Idle Test Procedure....   10/11/01  1/27/03 68 FR 66343.
Appendix 6(a)(5).................  Vehicle Emission Repair    8/13/98  9/30/99 64 FR 52657.
                                    Report Form.
Appendix 6(a)(8).................  Evaporative System        10/11/01  11/27/03 68 FR 66343
                                    Integrity (Pressure)
                                    Test.
Appendix 6(a)(9).................  On-board Diagnostic       10/11/01  11/27/03 68 FR 66343
                                    Test Procedure OBD II
                                    Test Procedure.
Appendix 7(a)....................  Emission Repair            8/13/98  9/30/99 64 FR 52657.
                                    Technician
                                    Certification Process.
Appendix 8(a)....................  Registration Denial        8/13/98  9/30/99 64 FR 52657.
                                    System Requirements
                                    Definition.
Appendix 9(a)....................  Enforcement Against       10/11/01  11/27/03 68 FR 66343
                                    Operators and
                                    Inspectors.
----------------------------------------------------------------------------------------------------------------
                                         1132 Transportation Conformity
----------------------------------------------------------------------------------------------------------------
Introductory Paragraph...........  [No Title].............    9/11/08  8/11/10, 75 FR 48566  Replaces the
                                                                                              Prologue.
Section 1.0......................  Purpose................   11/11/07  4/22/08 73 FR 21538.
Section 2.0......................  Definitions............    9/11/08  8/11/10, 75 FR 48566
Section 3.0......................  Consultation...........    9/11/08  8/11/10, 75 FR 48566
Section 4.0......................  Written Commitments For    9/11/08  8/11/10, 75 FR 48566
                                    Control and Mitigation
                                    Measures.
----------------------------------------------------------------------------------------------------------------
                  1135 Conformity of General Federal Actions to the State Implementation Plans
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  Purpose................    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  Definitions............    9/11/08  8/11/10, 75 FR 48566
Section 3.0......................  Applicability..........    9/11/08  8/11/10, 75 FR 48566
Section 4.0......................  Conformity Analysis....    9/11/08  8/11/10, 75 FR 48566
Section 5.0......................  Reporting Requirements.    9/11/08  8/11/10, 75 FR 48566
Section 6.0......................  Public Participation       9/11/08  8/11/10, 75 FR 48566
                                    and Consultation.
Section 7.0......................  Frequency of Conformity    9/11/08  8/11/10, 75 FR 48566
                                    Determinations.
Section 8.0......................  Criteria for               9/11/08  8/11/10, 75 FR 48566
                                    Determining Conformity
                                    of General Federal
                                    Actions.
Section 9.0......................  Procedures for             9/11/08  8/11/10, 75 FR 48566
                                    Conformity
                                    Determinations of
                                    General Federal
                                    Actions.
Section 10.0.....................  Mitigation of Air          9/11/08  8/11/10, 75 FR 48566
                                    Quality Impacts.
Section 11.0.....................  Savings Provision......    9/11/08  8/11/10, 75 FR 48566
----------------------------------------------------------------------------------------------------------------
                                      Regulation No. 37 NOX Budget Program
----------------------------------------------------------------------------------------------------------------
Section 1........................  General Provisions.....   12/11/99  3/9/00 65 FR 12481..
Section 2........................  Applicability..........   12/11/99  3/9/00 65 FR 12481..
Section 3........................  Definitions............   12/11/99  3/9/00 65 FR 12481..
Section 4........................  Allowance Allocation...   12/11/99  3/9/00 65 FR 12481..
Section 5........................  Permits................   12/11/99  3/9/00 65 FR 12481..
Section 6........................  Establishment of          12/11/99  3/9/00 65 FR 12481..
                                    Compliance Accounts.
Section 7........................  Establishment of          12/11/99  3/9/00 65 FR 12481..
                                    General Accounts.
Section 8........................  Opt In Provisions......   12/11/99  3/9/00 65 FR 12481..
Section 9........................  New Budget Source         12/11/99  3/9/00 65 FR 12481..
                                    Provisions.
Section 10.......................  NOX Allowance Tracking    12/11/99  3/9/00 65 FR 12481..
                                    System (NATS).
Section 11.......................  Allowance Transfer.....   12/11/99  3/9/00 65 FR 12481..
Section 12.......................  Allowance Banking......   12/11/99  3/9/00 65 FR 12481..
Section 13.......................  Emission Monitoring....   12/11/99  3/9/00 65 FR 12481..
Section 14.......................  Recordkeeping..........   12/11/99  3/9/00 65 FR 12481..
Section 15.......................  Emissions Reporting....   12/11/99  3/9/00 65 FR 12481..
Section 16.......................  End-of Season             12/11/99  3/9/00 65 FR 12481..
                                    Reconciliation.
Section 17.......................  Compliance                12/11/99  3/9/00 65 FR 12481..
                                    Certification.
Section 18.......................  Failure to Meet           12/11/99  3/9/00 65 FR 12481..
                                    Compliance
                                    Requirements.
Section 19.......................  Program Audit..........   12/11/99  3/9/00 65 FR 12481..
Section 20.......................  Program Fees...........   12/11/99  3/9/00 65 FR 12481..
Appendix ``A''...................  NOX Budget Program.....   12/11/99  3/9/00, 65 FR 12481.
----------------------------------------------------------------------------------------------------------------
                                1139 Nitrogen Oxides (NOX) Budget Trading Program
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  Purpose................    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  Emission Limitation....    9/11/08  8/11/10, 75 FR 48566
Section 3.0......................  Applicability..........    9/11/08  8/11/10, 75 FR 48566
Section 4.0......................  Definitions............    9/11/08  8/11/10, 75 FR 48566
Section 5.0......................  General Provisions.....    9/11/08  8/11/10, 75 FR 48566

[[Page 433]]

 
Section 6.0......................  NOX Authorized Account     9/11/08  8/11/10, 75 FR 48566
                                    Representative for NOX
                                    Budget Sources.
Section 7.0......................  Permits................    9/11/08  8/11/10, 75 FR 48566
Section 8.0......................  Monitoring and             9/11/08  8/11/10, 75 FR 48566
                                    Reporting.
Section 9.0......................  NATS...................    9/11/08  8/11/10, 75 FR 48566
Section 10.0.....................  NOX Allowance Transfers    9/11/08  8/11/10, 75 FR 48566
Section 11.0.....................  Compliance                 9/11/08  8/11/10, 75 FR 48566
                                    Certification.
Section 12.0.....................  End-of-Season              9/11/08  8/11/10, 75 FR 48566
                                    Reconciliation.
Section 13.0.....................  Failure to Meet            9/11/08  8/11/10, 75 FR 48566
                                    Compliance
                                    Requirements.
Section 14.0.....................  Individual Unit Opt-Ins    9/11/08  8/11/10, 75 FR 48566
Section 15.0.....................  General Accounts.......    9/11/08  8/11/10, 75 FR 48566
Appendix A.......................  Allowance Allocations      9/11/08  8/11/10, 75 FR 48566
                                    to NOX Budget Units
                                    under 3.1.1.1 and
                                    3.1.1.2 of 7 DE Admin
                                    Code 1139.
Appendix B.......................  7 DE Admin Code 1137-7     9/11/08  8/11/10, 75 FR 48566
                                    DE Admin Code 1139
                                    Program Transition.
----------------------------------------------------------------------------------------------------------------
                              1140 Delaware's National Low Emission Vehicle (NLEV)
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  Applicability..........    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  Definitions............    9/11/08  8/11/10, 75 FR 48566
Section 3.0......................  Program Participation..    9/11/08  8/11/10, 75 FR 48566
----------------------------------------------------------------------------------------------------------------
           1141 Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  Architectural and          9/11/08  8/11/10, 75 FR 48566
                                    Industrial Maintenance
                                    Coatings.
Section 2.0......................  Consumer Products......    4/11/09  10/20/10, 75 FR
                                                                        64673.
Section 3.0......................  Portable Fuel              4/11/10  12/14/10, 75 FR
                                    Containers.                         77758.
Section 4.0......................  Adhesives & Sealants...    4/11/09  12/22/11, 76 FR       Addition of VOC
                                                                        79537.                limits for
                                                                                              adhesive and
                                                                                              sealant products,
                                                                                              including 25
                                                                                              adhesives, 4
                                                                                              adhesive primers,
                                                                                              5 sealants, and 3
                                                                                              sealant primers.
----------------------------------------------------------------------------------------------------------------
                                   1142 Specific Emission Control Requirements
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  Control of NOX             9/11/08  8/11/10, 75 FR 48566
                                    Emissions from
                                    Industrial Boilers.
Section 2.0......................  Control of NOX             4/11/11  5/15/12, 77 FR 28489  Addition of a NOX
                                    Emissions from                                            emissions cap
                                    Industrial Boilers and                                    compliance
                                    Process Heaters at                                        alternative for
                                    Petroleum Refineries.                                     the Delaware City
                                                                                              Refinery.
----------------------------------------------------------------------------------------------------------------
                                 1144 Control of Stationary Generator Emissions
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  General................    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  Definitions............    9/11/08  8/11/10, 75 FR 48566
Section 3.0......................  Emissions..............    9/11/08  8/11/10, 75 FR 48566
Section 4.0......................  Operating Requirements.    1/11/06  4/29/08 73 FR 23101.
Section 5.0......................  Fuel Requirements......    1/11/06  4/29/08 73 FR 23101.
Section 6.0......................  Record Keeping and         1/11/06  4/29/08 73 FR 23101.
                                    Reporting.
Section 7.0......................  Emissions                  9/11/08  8/11/10, 75 FR 48566
                                    Certification,
                                    Compliance, and
                                    Enforcement.
Section 8.0......................  Credit for Concurrent      9/11/08  8/11/10, 75 FR 48566
                                    Emissions Reductions.
Section 9.0......................  DVFA Member Companies..    1/11/06  4/29/08 73 FR 23101.
----------------------------------------------------------------------------------------------------------------
                             Regulation 1145 Excessive Idling of Heavy Duty Vehicles
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  Applicability..........    9/11/08  8/11/10, 75 FR 48566
Section 2.0......................  Definitions............    9/11/08  8/11/10, 75 FR 48566
Section 3.0......................  Severability...........    9/11/08  8/11/10, 75 FR 48566
Section 4.0......................  Operational                9/11/08  8/11/10, 75 FR 48566
                                    Requirements for Heavy
                                    Duty Motor Vehicles.
Section 5.0......................  Exemptions.............    9/11/08  8/11/10, 75 FR 48566
Section 6.0......................  Enforcement and Penalty    9/11/08  8/11/10, 75 FR 48566
----------------------------------------------------------------------------------------------------------------

[[Page 434]]

 
                         1146 Electric Generating Unit (EGU) Multi-Pollutant Regulation
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  Preamble...............    9/11/08  8/11/10, 75 FR 48566  Except for
                                                                                              provisions
                                                                                              pertaining to
                                                                                              mercury emissions.
Section 2.0......................  Applicability..........   12/11/06  8/28/08 73 FR 50723.  Except for
                                                                                              provisions
                                                                                              pertaining to
                                                                                              mercury emissions.
Section 3.0......................  Definitions............    9/11/08  8/11/10, 75 FR 48566  Except for
                                                                                              provisions
                                                                                              pertaining to
                                                                                              mercury emissions.
Section 4.0......................  NOX Emissions              9/11/08  8/11/10, 75 FR 48566
                                    Limitations.
Section 5.0......................  SO2 Emissions              9/11/08  8/11/10, 75 FR 48566
                                    Limitations.
Section 7.0......................  Recordkeeping and          9/11/08  8/11/10, 75 FR 48566  Except for
                                    Reporting.                                                provisions
                                                                                              pertaining to
                                                                                              mercury emissions.
Section 8.0......................  Compliance Plan........    9/11/08  8/11/10, 75 FR 48566  Except for
                                                                                              provisions
                                                                                              pertaining to
                                                                                              mercury emissions.
Section 9.0......................  Penalties..............    9/11/08  8/11/10, 75 FR 48566  Except for
                                                                                              provisions
                                                                                              pertaining to
                                                                                              mercury emissions.
Table 4-1 (Formerly Table I).....  Annual NOX Mass            9/11/08  8/11/10, 75 FR 48566
                                    Emissions Limits.
Table 5-1 (Formerly Table II)....  Annual SO2 Mass            9/11/08  3/16/10 75 FR 12449.  Modified emissions
                                    Emissions Limits.        10/19/09                         limit for Conectiv
                                                                                              Edge Moor Unit 5.
----------------------------------------------------------------------------------------------------------------
                1148 Control of Stationary Combustion Turbine Electric Generating Unit Emissions
----------------------------------------------------------------------------------------------------------------
Section 1.0......................  Purpose................    7/11/07  11/10/08 73 FR 66554
Section 2.0......................  Applicability..........    9/11/08  8/11/10, 75 FR 48566
Section 3.0......................  Definitions............    9/11/08  8/11/10, 75 FR 48566
Section 4.0......................  NOX Emissions              9/11/08  8/11/10, 75 FR 48566
                                    Limitations.
Section 5.0......................  Monitoring and             9/11/08  8/11/10, 75 FR 48566
                                    Reporting.
Section 6.0......................  Recordkeeping..........    7/11/07  11/10/08 73 FR 66554
Section 7.0......................  Penalties..............    9/11/08  8/11/10, 75 FR 48566
----------------------------------------------------------------------------------------------------------------

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

                               EPA-Approved Delaware Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                        State
         Name of source              Permit No.       effective    EPA approval date    Additional explanation
                                                         date
----------------------------------------------------------------------------------------------------------------
Getty Oil Co...................  75-A-4............       8/5/75  3/7/79, 44 FR       52.420(c)(11).
                                                                   12423.
Phoenix Steel Co.--Electric Arc  77-A-8............      12/2/77  7/30/79, 44 FR      52.420(c)(12).
 Furnaces Charging & Tapping                                       25223.
 2.
Delmarva Power & Light--Indian   89-A-7/APC 89/197.      2/15/89  1/22/90, 55 FR      52.420(c)(38).
 River.                                                            2067.
SPI Polyols, Inc...............  Secretary's Order       7/11/00  6/14/01, 66 FR      Polyhydrate Alcohol's
                                  No. 2000-A-0033.                 32231.              Catalyst Regenerative
                                                                                       Process--Approved NOX
                                                                                       RACT Determination.
Citisteel......................  Secretary's Order       7/11/00  6/14/01, 66 FR      Electric Arc Furnace--
                                  No. 2000-A-0033.                 32231.              Approved NOX RACT
                                                                                       Determination.
General Chemical Corp..........  Secretary's Order       7/11/00  6/14/01, 66 FR      (1) Sulfuric Acid Process
                                  No. 2000-A-0033.                 32231.              & Interstage Absorption
                                                                                       System.
                                                                                      (2) Metallic Nitrite
                                                                                       Process--Approved NOX
                                                                                       RACT Determinations.
----------------------------------------------------------------------------------------------------------------

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

[[Page 435]]



----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP         Applicable        State submittal                           Additional
            revision                geographic area          date          EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------
Commitment to adopt a clean fuel  Philadelphia-       2/26/93...........  9/29/93, 58 FR      52.422(b).
 fleet program.                    Wilmington-                             50846.
                                   Trenton Ozone
                                   Nonattainment
                                   Area.
1990 Base Year Emissions          Philadelphia-       5/27/94...........  1/24/96, 61 FR      52.423, VOC, CO,
 Inventory.                        Wilmington-                             1838.               NOX.
                                   Trenton Ozone
                                   Nonattainment
                                   Area.
15% Rate of Progress Plan.......  Philadelphia-       2/17/95...........  10/12/99, 64 FR     52.426(a).
                                   Wilmington-                             55139.
                                   Trenton Ozone
                                   Nonattainment
                                   Area.
Post-1996 Rate of Progress Plan   Philadelphia-       12/29/97, 6/17/99,  10/29/01, 66 FR     52.426(b).
 & contingency measures.           Wilmington-         2/3/00, 12/20/00.   54598.
                                   Trenton Ozone
                                   Nonattainment
                                   Area.
Ozone Attainment Plan             Philadelphia-       5/22/98, 10/8/98,   10/29/0, 66 FR      52.426(c).
 Demonstration & enforceable       Wilmington-         1/24/00, 12/20/     54598.
 commitments.                      Trenton Ozone       00, 10/9/01, 10/
                                   Nonattainment       29/01.
                                   Area.
                                                      9/2/03............  12/5/03, 68 FR      ..................
                                                                           67948.
Mobile budgets..................  Kent & New Castle   1/5/98 (rec'd); 5/  10/29/01, 66 FR     52.426(d), (e).
                                   Counties.           28/98 (rec'd); 2/   54598.
                                                       3/00, 12/20/00.
                                                      9/2/03............  12/5/03, 68 FR      ..................
                                                                           67948.
Photochemical Assessment          Philadelphia-       3/24/94...........  9/11/95, 60 FR      52.430.
 Monitoring Stations (PAMS)        Wilmington-                             47081.
 Program.                          Trenton Ozone
                                   Nonattainment
                                   Area.
Small Business stationary source  Statewide.........  5/16/95...........  5/17/94, 59 FR      52.460.
 technical and environmental                                               25771.
 compliance assistance program.
Commitment to establish an        Statewide.........  3/19/80...........  5/15/81, 46 FR      52.465(c)(15).
 ambient air quality monitoring                                            26767.
 network.
Commitment to use available       New Castle County.  8/15/79...........  9/30/81, 46 FR      52.465(c)(19).
 grants and funds to provide for                                           47777.
 basic transportation needs.
Executive order pertaining to     Statewide.........  8/7/78............  9/29/81, 46 FR      52.465(c)(22).
 financial disclosures by State                                            47544.
 officials [CAA Section 128].
Lead (Pb) SIP...................  Statewide.........  12/23/80..........  9/10/81, 46 FR      52.465(c)(24).
                                                                           45160.
Procedures to notify EPA of PSD   Statewide.........  2/27/81...........  3/15/82, 47 FR      52.465(c)(29).
 sources locating within 100 km                                            11014.
 of a Class I PSD area.
RACT under the 8-Hour NAAQS.....  Delaware            10/2/06...........  7/23/08, 73 FR      ..................
                                   (Statewide).                            42681.
Reasonable Further Progress Plan  Delaware portion    6/13/07...........  4/8/10, 75 FR
 (RFP), Reasonably Available       of the                                  17863.
 Control Measures, and             Philadelphia 1997
 Contingency Measures.             8-hour ozone
                                   moderate
                                   nonattainment
                                   area.
2002 Base Year Inventory for      Delaware portion    6/13/07...........  4/8/10, 75 FR
 VOC, NOX, and CO.                 of the                                  17863.
                                   Philadelphia 1997
                                   8-hour ozone
                                   moderate
                                   nonattainment
                                   area.
2008 RFP Transportation           Delaware portion    6/13/07...........  4/8/10, 75 FR       ..................
 Conformity Budgets.               of the                                  17863.
                                   Philadelphia 1997
                                   8-hour ozone
                                   moderate
                                   nonattainment
                                   area.
Regional Haze Plan..............  Statewide.........  9/25/08...........  7/19/11, 76 FR      ..................
                                                                           42549.

[[Page 436]]

 
Section 110(a)(2) Infrastructure  Statewide.........  12/13/07..........  8/4/11, 76 FR       This action
 Requirements for the 1997 8-                         9/19/08...........   47068               address the
 Hour Ozone NAAQS.                                    9/16/09...........                       following CAA
                                                                                               elements:
                                                                                               110(a)(2)(A),
                                                                                               (B), (C),
                                                                                               (D)(ii), (E),
                                                                                               (F), (G), (H),
                                                                                               (J), (K), (L),
                                                                                               and (M) or
                                                                                               portions thereof.
Section 110(a)(2) Infrastructure  Statewide.........  12/13/07..........  8/4/11, 76 FR       This action
 Requirements for the 1997 PM2.5                      3/12/08...........   47068               addresses the
 NAAQS.                                               9/16/09...........                       following CAA
                                                      3/10/10...........                       elements:
                                                                                               110(a)(2)(A),
                                                                                               (B), (C), (D)(ii)
                                                                                               (E), (F), (G),
                                                                                               (H), (J), (K),
                                                                                               (L), and (M) or
                                                                                               portions thereof.
Infrastructure Requirements for   Statewide.........  9/16/09...........  8/4/11, 76 FR       This action
 the 2006 PM2.5 NAAQS.                                3/10/10...........   47068               addresses the
                                                                                               following CAA
                                                                                               elements:
                                                                                               110(a)(2)(A),
                                                                                               (B), (C),
                                                                                               (D)(ii), (E),
                                                                                               (F), (G), (H),
                                                                                               (J), (K), (L),
                                                                                               and (M), or
                                                                                               portions thereof.
Infrastructure element            Statewide.........  9/16/09; 4/27/11..  8/29/11, 76 FR
 110(a)(2)(D)(i)(I) related to                                             53638.
 interstate transport.
----------------------------------------------------------------------------------------------------------------


[63 FR 67410, Dec. 7, 1998]

    Editorial Note: For Federal Register citations affecting Sec. 
52.420, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.421  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Philadelphia Interstate.................           I          I       III         I             I
Southern Delaware Intrastate.........................         III        III       III       III           III
----------------------------------------------------------------------------------------------------------------


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



Sec. 52.422  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Delaware's plan for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds that the plan satisfies all requirements of part 
D, title 1, of the Clean Air Act as amended in

[[Page 437]]

1977, except as noted below. In addition, continued satisfaction of the 
requirements of part D for the ozone portion of the SIP depends on the 
adoption and submittal of RACT requirements by July 1, 1980, for the 
sources covered by CTGs issued between January 1978 and January 1979 and 
adoption and submittal by each subsequent January of additional RACT 
requirements for sources covered by CTGs issued by the previous January.
    (b) Letter of February 26, 1993, from the Delaware Department of 
Natural Resources and Environmental Control transmitting a commitment to 
adopt either the Federal clean fuel fleet program or an alternative 
substitute program by May 15, 1994.

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



Sec. 52.423  1990 Base Year Emission Inventory.

    EPA approves as a revision to the Delaware State Implementation Plan 
the 1990 base year emission inventories for the Delaware ozone 
nonattainment areas submitted by the Secretary of the Department of 
Natural Resources and Environmental Control on May 27, 1994. This 
submittal consists of the 1990 base year point, area, non-road mobile, 
biogenic and on-road mobile source emission inventories in area for the 
following pollutants: volatile organic compounds (VOC), carbon monoxide 
(CO), and oxides of nitrogen (NOX).
    (a) [Reserved]
    (b) EPA approves as a revision to the Delaware State Implementation 
Plan the 2002 base year emissions inventories for the Delaware portion 
of the Philadelphia 1997 8-hour ozone moderate nonattainment area 
submitted by the Secretary of the Department of Natural Resources and 
Environmental Control on June 13, 2007. This submittal consists of the 
2002 base year point, area, non-road mobile, and on-road mobile source 
inventories in area for the following pollutants: Volatile organic 
compounds (VOC), carbon monoxide (CO) and nitrogen oxides 
(NOX).

[61 FR 1841, Jan. 24, 1996, as amended at 75 FR 17865, Apr. 8, 2010]



Sec. 52.424  Conditional approval.

    (a)-(d) [Reserved]

[62 FR 27197-27199, May 19, 1997, as amended at 63 FR 1368, Jan. 9, 
1998; 63 FR 16435, Apr. 3, 1998; 64 FR 32189, June 16, 1999; 64 FR 
52660, Sept. 30, 1999; 64 FR 55141, Oct. 12, 1999; 66 FR 9211, Feb. 7, 
2001; 66 FR 32234, June 14, 2001]



Sec. 52.425  Determinations of attainment.

    (a) Based upon EPA's review of the air quality data for the 3-year 
period 2008 to 2010, EPA determined that Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate nonattainment area (the 
Philadelphia Area) attained the 1997 8-hour ozone National Ambient Air 
Quality Standard (NAAQS) by the applicable attainment date of June 15, 
2011. Therefore, EPA has met the requirement pursuant to CAA section 
181(b)(2)(A) to determine, based on the area's air quality as of the 
attainment date, whether the area attained the standard. EPA also 
determined that the Philadelphia Area nonattainment area will not be 
reclassified for failure to attain by its applicable attainment date 
under section 181(b)(2)(A).
    (b) Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, EPA determined that the Philadelphia-Wilmington, 
PA-NJ-DE fine particle (PM2.5) nonattainment area attained 
the 1997 annual PM2.5 National Ambient Air Quality Standard 
(NAAQS) by the applicable attainment date of April 5, 2010. Therefore, 
EPA has met the requirement pursuant to CAA section 179(c) to determine, 
based on the area's air quality as of the attainment date, whether the 
area attained the standard. EPA also determined that the Philadelphia-
Wilmington, PA-NJ-DE PM2.5 nonattainment area is not subject 
to the consequences of failing to attain pursuant to section 179(d).

[77 FR 17343, Mar. 26, 2012, as amended at 77 FR 28784, May 16, 2012]



Sec. 52.426  Control strategy plans for attainment and rate-of-progress: 

ozone.

    (a) EPA fully approves, as a revision to the Delaware State 
Implementation Plan, the 15 Percent Rate of Progress Plan for the 
Delaware portion of the

[[Page 438]]

Philadelphia-Wilmington-Trenton severe ozone nonattainment, namely Kent 
and New Castle Counties, submitted by the Secretary of Delaware 
Department of Natural Resources and Environmental Control on February 
17, 1995.
    (b)(1) EPA approves revisions to the Delaware State Implementation 
Plan consisting of the Post 1996 ROP plans for milestone years 1999, 
2002, and 2005 for the Delaware portion of the Philadelphia-Wilmington-
Trenton severe ozone nonattainment area, namely Kent and New Castle 
Counties. These revisions were submitted by the Secretary of Delaware 
Department of Natural Resources and Environmental Control on December 
29, 1997, and revised on June 17, 1999, February 3, 2000, and December 
20, 2000.
    (2) EPA approves Delaware's contingency plans for failure to meet 
ROP in the Delaware portion of the Philadelphia-Wilmington-Trenton 
severe ozone nonattainment area, namely Kent and New Castle Counties, 
for milestone years 1999, 2002 and 2005. These revisions were submitted 
by the Secretary of Delaware Department of Natural Resources and 
Environmental Control on December 29, 1997, June 17, 1999, February 3, 
2000, and December 20, 2000.
    (c) EPA approves the attainment demonstration SIP for the 
Philadelphia-Wilmington-Trenton area submitted by the Secretary of the 
Delaware Department of Natural Resources and Environmental Control on 
May 22, 1998, and amended October 8, 1998, January 24, 2000, December 
20, 2000, and October 9, 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 Secretary of Delaware Department of 
Natural Resources and Environmental Control on January 24, 2000 and 
December 20, 2000. 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.
    (d) EPA is approving the following mobile budgets, explicitly 
quantified as sub-budgets for each of Kent and New Castle Counties, of 
the Post 1996 ROP Plans and the 1-Hour Ozone Attainment Demonstration 
Plan:

          Transportation Conformity Emission Budgets for the Delaware Portion of the Philadelphia Area
----------------------------------------------------------------------------------------------------------------
                                                    Kent County        New Castle County     Effective date of
                                              --------------------------------------------        adequacy
   Type of control strategy SIP        Year                                                 determination or SIP
                                                  VOC        NOX        VOC        NOX            approval
----------------------------------------------------------------------------------------------------------------
Post-1996 ROP Plan................       1999       7.55      11.17      22.49      29.41  April 29, 1999, (64
                                                                                            FR 31217, published
                                                                                            June 10, 1999).
Post-1996 ROP Plan................       2002       6.30       9.81      18.44      27.29  June 23, 2000, (65 FR
                                                                                            36440, published
                                                                                            June 8, 2000).
Post-1996 ROP Plan................       2005       4.84       7.90      14.76      22.92  May 2, 2001, (66 FR
                                                                                            19769, published
                                                                                            April 17, 2001).
Attainment Demonstration..........       2005       5.14       8.42      15.08      21.28  SIP approval on
                                                                                            December 5, 2003;
                                                                                            Effective on
                                                                                            February 3, 2004.
----------------------------------------------------------------------------------------------------------------

    (1)-(2) [Reserved]
    (e) EPA approves Delaware's revised 2005 VOC and NOX 
motor vehicle emission budgets for the 1-hour ozone attainment plan for 
the Delaware portion of the Philadelphia-Wilmington-Trenton severe ozone 
nonattainment area as a SIP revision. The revisions were submitted by 
the Delaware Department of Natural Resources and Environmental Control 
on September 2, 2003. Submittal of these revised MOBILE6-based motor 
vehicle emissions budgets was a requirement of EPA's approval of the 
attainment demonstration under paragraph (c) of this section.

[[Page 439]]

    (f) 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.
    (g) EPA approves revisions to the Delaware State Implementation Plan 
consisting of the 2008 reasonable further progress (RFP) plan, 
reasonably available control measures, and contingency measures for the 
Delaware portion of the Philadelphia 1997 8-hour ozone moderate 
nonattainment area submitted by the Secretary of the Department of 
Natural Resources and Environmental Control on June 13, 2007.
    (h) EPA approves the following 2008 RFP motor vehicle emissions 
budgets (MVEBs) for the Delaware portion of the Philadelphia 1997 8-hour 
ozone moderate nonattainment area submitted by the Secretary of the 
Department of Natural Resources and Environmental Control on June 13, 
2007:

 Transportation Conformity Emissions Budgets for the Delaware Portion of
        the Philadelphia Area for the 2008 Rate of Progress Plan
------------------------------------------------------------------------
                                 2008 Emissions (tons    Effective date
                                       per day)           of adequacy
             County             ----------------------  determination or
                                    VOC        NOX        SIP approval
------------------------------------------------------------------------
Kent...........................       4.14       9.68  January 5, 2009,
                                                        (73 FR 77682),
                                                        published
                                                        December 19,
                                                        2008.
New Castle.....................      10.61      21.35
Sussex.........................       7.09      12.86
                                ----------------------
    State Total................      21.84      43.89
------------------------------------------------------------------------

    (i) Determination of attainment. EPA has determined, as of March 26, 
2012, that based on 2008 to 2010 ambient air quality data, Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate 
nonattainment area has attained the 1997 8-hour ozone NAAQS. This 
determination, in accordance with 40 CFR 51.918, suspends the 
requirements for this area to submit an attainment demonstration, 
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 this area continues to meet 
the 1997 annual 8-hour ozone NAAQS.

[64 FR 55141, Oct. 12, 1999, as amended at 66 FR 54614, Oct. 29, 2001; 
68 FR 67952, Dec. 5, 2003; 73 FR 43361, July 25, 2008; 75 FR 17865, Apr. 
8, 2010; 77 FR 17343, Mar. 26, 2012]



Sec. 52.427  Control strategy: Particulate matter.

    Determination of attainment. EPA has determined, as of May 16, 2012, 
that based on 2007 to 2009 and 2008 to 2010 ambient air quality data, 
the Philadelphia-Wilmington, PA-NJ-DE nonattainment area has attained 
the 1997 annual PM2.5 NAAQS. This determination, in 
accordance with 40 CFR 51.1004(c), suspends the requirements for this 
area to submit an attainment demonstration, 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 this area continues to meet the 1997 annual 
PM2.5 NAAQS.

[77 FR 28784, May 16, 2012]



Sec. Sec. 52.428-52.429  [Reserved]



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

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

[60 FR 47084, Sept. 11, 1995]

[[Page 440]]



Sec. 52.431  [Reserved]



Sec. 52.432  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable procedures 
for preventing the significant deterioration of air quality.
    (b) Regulation for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21(l)(2) and (p) are hereby 
incorporated and made a part of the applicable State plan for the State 
of Delaware.
    (c) Pursuant to 40 CFR 52.21(u) full delegation of authority for all 
portions of the Federal PSD program, as described in 40 CFR 52.21, was 
relinquished to the State of Delaware as of June 15, 1981. All 
applications submitted as of that date and supporting information 
required pursuant to Sec. 52.21 from sources located in the State of 
Delaware shall be submitted to: Delaware Department of Natural Resources 
and Environmental Control, Air Resources Section, Division of 
Environmental Control, Edward Tatnall Building, P.O. Box 1401, Dover, 
Delaware 19901.

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



Sec. 52.433  Requirements for state implementation plan revisions relating to 

new motor vehicles.

    Delaware must comply with the requirements of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]



Sec. 52.440  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 Delaware 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 Delaware 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 Delaware 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 
Delaware 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.
    (c) Notwithstanding any provisions of paragraphs (a) and (b) of this 
section

[[Page 441]]

and subparts AA through II and AAAA through IIII of part 97 of this 
chapter to the contrary:
    (1) With regard to any control period that begins after December 31, 
2011,
    (i) The provisions in paragraphs (a) and (b) of this section 
relating to NOX annual or ozone season emissions shall not be 
applicable; and
    (ii) The Administrator will not carry out any of the functions set 
forth for the Administrator in subparts AA through II and AAAA through 
IIII of part 97 of this chapter; and
    (2) The Administrator will not deduct for excess emissions any CAIR 
NOX allowances or CAIR NOX Ozone Season allowances 
allocated for 2012 or any year thereafter;
    (3) By November 7, 2011, the Administrator will remove from the CAIR 
NOX Allowance Tracking System accounts all CAIR 
NOX allowances allocated for a control period in 2012 and any 
subsequent year, and, thereafter, no holding or surrender of CAIR 
NOX allowances will be required with regard to emissions or 
excess emissions for such control periods; and
    (4) By November 7, 2011, the Administrator will remove from the CAIR 
NOX Ozone Season Allowance Tracking System accounts all CAIR 
NOX Ozone Season allowances allocated for a control period in 
2012 and any subsequent year, and, thereafter, no holding or surrender 
of CAIR NOX Ozone Season allowances will be required with 
regard to emissions or excess emissions for such control periods.

[72 FR 62344, Nov.2, 2007, as amended at 76 FR 48362, Aug. 8, 2011]



Sec. 52.441  Interstate pollutant transport provisions; What are the FIP 

requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each SO2 source located 
within the State of Delaware 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 Delaware 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.
    (b) Notwithstanding any provisions of paragraph (a) of this section 
and subparts AAA through III of part 97 of this chapter and any State's 
SIP to the contrary:
    (1) With regard to any control period that begins after December 31, 
2011,
    (i) The provisions of paragraph (a) of this section relating to 
SO2 emissions shall not be applicable; and
    (ii) The Administrator will not carry out any of the functions set 
forth for the Administrator in subparts AAA through III of part 97 of 
this chapter; and
    (2) The Administrator will not deduct for excess emissions any CAIR 
SO2 allowances allocated for 2012 or any year thereafter.

[72 FR 62345, Nov.2, 2007, as amended at 76 FR 48362, Aug. 8, 2011]



Sec. 52.460  Small business stationary source technical and environmental 

compliance assistance program.

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

[59 FR 25572, May 17, 1994]



Sec. 52.465  Original identification of plan section.

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

[[Page 442]]

    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Certification that public hearing was held on plan submitted on 
February 11, 1972, by the Department of Natural Resources and 
Environmental Control.
    (2) Information on the geometric standard deviations of air quality 
data submitted on March 7, 1972, by the Department of Natural Resources 
and Environmental Control.
    (3) Miscellaneous non-regulatory clarifications and amendments to 
the plan submitted on May 5, 1972, by the Department of Natural 
Resources and Environmental Control.
    (4) Specification of attainment dates submitted on June 2, 1972, by 
the Department of Natural Resources and Environmental Control.
    (5) Periodic stack sampling requirements submitted on June 5, 1972, 
by the Department of Natural Resources and Environmental Control.
    (6) Miscellaneous non-regulatory additions to the plan submitted on 
July 20, 1972, by the Delaware Water and Air Resource Commission.
    (7) Backup information for the attainment of the Secondary 
SO2 standards in New Castle County submitted on November 14, 
1972, by the Department of Natural Resources and Environmental Control.
    (8) Backup information for the attainment of the Secondary 
SO2 standards in New Castle County submitted on December 19, 
1972, by the Department of Natural Resources and Environmental Control.
    (9) Amendments to Regulations I through XIV inclusive of the 
Delaware Regulations Governing Air Pollution, and Amendments to the 
Delaware Environmental Protection Act; submitted on January 16, 1975 by 
the Delaware Department of Natural Resources and Environmental Control.
    (10) Amendments to Section V (Surveillance) of the Delaware State 
Implementation Plan and amendments to Section V (Surveillance) of the 
New Castle County Portion of the Delaware State Implementation Plan, 
covering changes to the air pollution monitoring system; submitted on 
September 3, 1975 by the Delaware Department of Natural Resources and 
Environmental Control.
    (11) A Consent Order for the Getty Oil Company and the Delmarva 
Power and Light Company submitted on August 5, 1975 by the Delaware 
Department of Natural Resources and Environmental Control.
    (12) Amendments to Regulations No. V, XIV, XVII, and a newly adopted 
Regulation No. XXIII (Standards of Performance for Steel Plants: 
Electric Arc Furnaces); and a Court of Chancery injunction to control 
charging and tapping emissions for the Phoenix Steel Corporation's plant 
in Claymont, Delaware submitted on December 2, 1977 and October 5, 1978, 
respectively, by the Department of Natural Resources and Environmental 
Control.
    (13) On May 3, 1979, the Governor submitted the nonattainment area 
plan for New Castle County with respect to ozone.
    (14) A revision submitted by the State of Delaware on October 5, 
1978 to eliminate certain outdated requirements relating to Regulations 
V and XVIII and correction of typographical errors relating to 
Regulations III, VIII, and XV.
    (15) A revision submitted by the State of Delaware on March 19, 1980 
which is intended to establish an Ambient Air Quality Monitoring 
Network.
    (16) Revisions to Delaware's Regulations I, II, III, IV, VIII, XII, 
XIV, XV, and XVII submitted by the Delaware Department of Natural 
Resources and Environmental Control on March 19, 1980.
    (17) A revision submitted by the State of Delaware on September 7, 
1977, consisting of an amendment to Delaware Regulations Governing Air 
Pollution, Regulation XVII, establishing continuous emission monitoring 
regulations.
    (18) A revision submitted by the District of Columbia on May 16, 
1979 which is intended to establish an Ambient Air Quality Monitoring 
Network.
    (19) A commitment to use available grants and funds to establish, 
expand, and improve public transportation to meet basic transportation 
needs, submitted on August 15, 1979 by the Delaware Transportation 
Authority.

[[Page 443]]

    (20) A revised schedule for implementation of Delaware's inspection 
and maintenance program submitted by September 10, 1980 by the 
Secretary, Delaware Department of Natural Resources and Environmental 
Control.
    (21) [Reserved]
    (22) A revision submitted by the State of Delaware on August 7, 1978 
consisting of two Executive Orders for financial disclosure of certain 
State officials.
    (23) Amendments to Regulations I (Definitions) and XXIV (Control of 
Organic Compounds Emissions) submitted on December 23, 1980 by the 
Secretary, Delaware Department of Natural Resources and Environmental 
Control.
    (24) A State Implementation Plan for the Control of lead emissions 
submitted on December 23, 1980 by the Secretary, Delaware Department of 
Natural Resources and Environmental Control.
    (25) A revised schedule for implementation of Delaware's inspection 
and maintenance program submitted on December 29, 1980 by the Secretary, 
Delaware Department of Natural Resources and Environmental Control.
    (26) Amendments to Regulation II (Registration and Permits) and XIII 
(Open Burning) [non-regulatory] of the Delaware Regulations governing 
the Control of Air Pollution submitted on September 22, 1981 by the 
Secretary, Department of Natural Resources and Environmental Control.
    (27) Amendments to Section 9.4 (Surface Coating operations) and 13.2 
(Dry Cleaning) of Regulation XXIV (Control of Volatile Organic Compound 
Emissions) of the Delaware Regulations governing the Control of Air 
Pollution submitted on September 22, 1981 by the Secretary, Department 
of Natural Resources and Environmental Control.
    (28) Amendments to Regulations I (Definitions) and XXV Section 
(Requirements for Preconstruction Review) pertaining to prevention of 
significant deterioration submitted on December 29, 1980 by the 
Secretary, Delaware Department of Natural Resources and Environmental 
Control.
    (29) A February 27, 1981 letter from the Delaware Department of 
Natural Resources and Environmental Control to EPA pertaining to 
procedures of notifying EPA of any PSD application for sources locating 
within 100 kilometers of a Class I PSD area, as well as ensuring EPA in 
any monitoring procedure, that the requirements of 40 CFR part 58 will 
be specified.
    (30) A revision submitted by the State of Delaware on October 14, 
1982, consisting of amendments to Regulation No. II--Permits.
    (31) Plan Revision providing for attainment of the Ozone standard 
submitted by John E. Wilson, III to EPA on July 6, 1982.
    (32) Stack height regulation, public notification plan, and other 
miscellaneous revisions submitted to EPA on April 20, 1983.
    (33) A revision submitted by the State of Delaware on September 26, 
1983 consisting of amendments to Section 2.3 of Regulation Number XIV, 
Section 2.3 of Regulation Number VII, and Section 9.7 and Table I(a) to 
Regulation Number XXIV of the Delaware Regulations Governing the Control 
of Air Pollution.
    (34) Revisions to the Delaware Regulations Governing the Control of 
Air Pollution were submitted by the Secretary on August 8, 1984.
    (i) Incorporation by reference. (A) Amendments to Regulations II 
(Permits); XIII (Open Burning); XIV (Visible Emissions); and XVII 
(Source Monitoring, Record Keeping and Reporting).
    (35) Revisions submitted by the State of Delaware on June 5, 1985 
amending the State of Delaware Regulations Governing the Control of Air 
Pollution, Regulation Nos. VIII, XIII, and XXVI.
    (i) Incorporation by reference. (A) Revisions via Order No. 85-A-3 
Exhibit A Amendment Nos. 2, 3, and 5, to the State of Delaware 
Regulations Governing the Control of Air Pollution, Regulations VIII 
sections 2.1-2.4, XIII section 1.2, and XXVI Table 2, pertaining to 
sulfur in fuel oil, open burning, and motor vehicle emission testing, 
respectively. These revisions were adopted by the Department of Natural 
Resources and Environmental Control on May 9, 1985.
    (ii) Additional information. (A) A letter dated July 9, 1985 from 
Secretary John E. Wilson, III to Mr. James M. Seif, withdrawing certain 
portions of

[[Page 444]]

the original SIP revision request pertaining to asbestos, New Source 
Performance Standards (Regulation No. XX), and Emission Standards for 
Hazardous Air Pollutants (Regulation No. XXI).
    (B) A letter dated July 9, 1986 from Mr. Robert R. French to Mr. 
James Sydnor withdrawing the request to delete the definitions of 
``Reconstruction'' and ``Capital Expenditure'' from their new source 
review regulations (Regulations I and XXV).
    (36) [Reserved]
    (37) Revision submitted by the State of Delaware on March 6, 1987, 
consisting of amendment to Regulation II-Permits.
    (i) Incorporation by reference. State of Delaware Order No. 87-A-2 
(Introduction, Findings of Fad and (1) of the order which amends section 
2.7 of Regulation II) which was issued on February 18, 1987.
    (38) Revision to the Delaware State Implementation Plan 
incorporation of a Conciliatory Order, was submitted on May 31, 1989. 
The order is designed to reduce ambient sulfur dioxide levels around the 
Delmarva Power and Light Company's Indian River power plant.
    (i) Incorporation by reference. (A) Letter dated May 31, 1989 from 
the State of Delaware containing the Conciliatory Order for 
incorporation into the Delaware State Implementation Plan.
    (B) Conciliatory Order issued on May 31, 1989, for Delmarva Power 
and Light Company's Indian River power plant.
    (39) Revisions to the State Implementation Plan were submitted by 
the Delaware Department of Natural Resources and Environmental Control 
on March 6, 1987 (Secretary's Order No. 87-A-2). Revisions to the State 
Implementation Plan submitted by the Delaware Department of Natural 
Resources and Environmental Control on March 21, 1988 (Secretary's Order 
No. 89-A-5).
    (i) Incorporation by reference. (A) Letter received on March 6, 
1987, from the Delaware Department of Natural Resources and 
Environmental Control submitting revisions to the State Implementation 
Plan for EPA approval (portions of Secretary Order No. 87-A-2).
    (B) Letter dated December 21, 1988, from the Delaware Department of 
Natural Resources and Environmental Control submitting revisions to the 
State Implementation Plan for EPA approval (portions of Secretary Order 
No. 89-A-5).
    (C) Only those portions of Secretary's Order No. 87-A-2 issued on 
February 18, 1987, which amend Regulation No. II, Stack Heights at 
sections 2.2, 2.3, 2.4, and 2.5, pertaining to the definitions of the 
terms excessive concentrations, nearby stack, and stack in existence; 
and at sections 3.1, 3.2, and 3.3, pertaining to the requirements for 
new and existing sources.
    (D) Only those portions of Secretary's Order No. 89-A-5, issued on 
December 7, 1988, which amend Regulation No. XXV, Requirements for 
Preconstruction Review, at section 3.9(A) and Regulation No. XXVII, 
Stack Heights at section 2 to include definitions of the terms emission 
limitation and emission standard.
    (40) [Reserved]
    (41) Revision submitted by the State of Delaware on April 28, 1988 
amending the hydrocarbon motor vehicle emission testing standards in 
Regulation XXVI of the Delaware Regulations Governing the Control of Air 
Pollution.
    (i) Incorporation by reference. (A) Revisions via Order 88-A-2, 
exhibit A, parts A and B, which is an amendment to Table 2 of Technical 
Memorandum Number 2 entitled ``Motor Vehicle Inspection and Maintenance 
Program Emission Limit Determination''. This revision was issued by the 
State on December 29, 1987.
    (42) Revisions to the State Implementation Plan submitted by the 
Delaware Department of Natural Resources and Environmental Control on 
December 12, 1985, pertaining to Delaware Regulation No. XXIV which 
includes an alternative RACT standard for the zinc-rich weld-through 
primer coating.
    (i) Incorporation by reference. (A) Letter from the Delaware 
Department of Natural Resources and Environmental Control dated December 
12, 1985 submitting a revision to the Delaware State Implementation 
Plan, regarding changes to Regulation No. XXIV to remove the word 
``yearly'' from Tables I and I(a) and to propose an alternative RACT 
standard for the zinc-rich primer coating.

[[Page 445]]

    (B) Those portions of Exhibit 13 of Order No. 85-A-5 amending 
Regulation No. XXIV by 1) deleting the word ``yearly'' in Tables I and 
I(a) and (2) adopting 4.0 as the Reasonably Available Control Technology 
(RACT) emission limit for Zinc-rich Primer used in automobile surface 
coating.
    (ii) Additional materials. (A) Remainder of the State submittal.
    (43) Revision to the State Implementation Plan submitted by the 
Delaware Department of Natural Resources and Environmental Control on 
March 6, 1990, amending portions of Regulation XXVI (26) of the Delaware 
Regulations Governing the Control of Air Pollution by expanding the I/M 
program statewide, adopting CO cutpoints statewide, modifying the test 
procedures, and increasing the waiver cost repair limit.
    (i) Incorporation by reference. (A) Letter from the Delaware 
Department of Natural Resources and Environmental Control dated March 6, 
1990 submitting a revision to the Delaware State Implementation Plan.
    (B) Sections 1, 2, 4 and 6 of Regulation XXVI (26), Motor Vehicle 
Emissions Inspection Program, of the Delaware Regulations Governing the 
Control of Air Pollution and the two (2) Technical Memoranda, Numbers 1 
and 2, which are appendices to Regulation XXVI (26), of the Delaware 
Regulations Governing the Control of Air Pollution.
    (ii) Additional materials. Remainder of State submittal.
    (44) Revisions to the State Implementation Plan submitted by the 
Delaware Department of Natural Resources and Environmental Control on 
July 6, 1990.
    (i) Incorporation by reference. (A) A letter from the Delaware 
Department of Natural Resources and Environmental Control dated July 6, 
1990 submitting a revision to the Delaware State Implementation Plan, 
effective July 3, 1990.
    (B) Regulation 1--Definitions and Administrative Principles.
    (C) Regulation 24--Section 1, General Provisions; section 6, Bulk 
Gasoline Plants; section 8, Petroleum Liquid Storage; section 9, Surface 
Coating Operations; section 14, Petroleum Refinery Component Leaks; and 
section 15, Rotogravure and Flexographic Printing.
    (45) Revisions to the State Implementation Plan submitted by the 
Delaware Department of Natural Resources and Environmental Control on 
March 9, 1990.
    (i) Incorporation by reference. (A) Letter from the Delaware 
Department of Natural Resources and Environmental Control dated March 6, 
1990, submitting a revision to the Delaware State Implementation Plan.
    (B) The portion of Secretary Order 90-A-1 that amends Regulation 
II--Permits--Section 3.1.b.1; and Regulation XXV--Requirements for 
Preconstruction Review--Sections 1.9 (N) 1-4, 3.1, and 3.9. The 
amendments to Regulation II and Regulation XXV were adopted on January 
31, 1990, and were effective on May 15, 1990, in the state of Delaware.
    (46) Revisions to the Delaware State Implementation Plan submitted 
on January 11, 1993 by the Delaware Department of Natural Resources & 
Environmental Control:
    (i) Incorporation by reference. (A) Letter of January 11, 1993 from 
the Delaware Department of Natural Resources & Environmental Control 
transmitting Regulation 24--``Control of Volatile Organic Compound 
Emissions'', effective January 11, 1993.
    (B) Regulation 24--``Control of Volatile Organic Compound 
Emissions'', Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 13, 14, 15, 16, 17, 18, 
19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37, 
38, 39, 40, 41, 42, and Appendices A, B, C, D, E, F, G, & H.
    (47) Revisions to the Delaware regulations for particulate matter 
(PM-10) submitted on April 26, 1988 by the Delaware Department of 
Natural Resources and Environmental Control:
    (i) Incorporation by reference. (A) Letter of April 26, 1988 from 
the Department of Natural Resources and Environmental Control 
transmitting a revision to the Delaware State implementation plan for 
particulate matter (PM-10) Group III areas.
    (B) Revisions via Order No. 88-A-5, exhibit A, and Table 1. The 
Order amends the following Delaware Regulations Governing the Control of 
Air Pollution: Regulation 1--``Definitions and

[[Page 446]]

Administrative Principles''; Regulation 3--``Ambient Air Quality 
Standards''; Regulation 15--``Air Pollution Alert and Emergency Plan''; 
and Regulation 25--``Requirements for Preconstruction Review''. The 
revisions were adopted on March 29, 1988 and became effective 
immediately.
    (ii) Additional materials. (A) Remainder of the State implementation 
plan revision submitted by the Delaware Department of Natural Resources 
and Environmental Control on April 26, 1988.
    (48) Revisions to the Delaware State Implementation Plan submitted 
on January 20, 1994 by the Delaware Department of Natural Resources & 
Environmental Control:
    (i) Incorporation by reference. (A) Letter of January 20, 1994 from 
the Delaware Department of Natural Resources & Environmental Control 
transmitting Regulation 24--Control of Volatile Organic Compound 
Emissions--Sections 50(a)(5) and 50(b)(3), effective November 24, 1993.
    (B) Regulation 24--Control of Volatile Organic Compound Emissions, 
Section 50--Other Facilities that Emit Volatile Organic Compounds--
Sections 50(a)(5) and 50(b)(3)--Non-CTG RACT, effective November 24, 
1993.
    (ii) Additional material. (A) Remainder of January 20, 1994 State 
submittal pertaining to Regulation 24, sections 50(a)(5) and 50(b)(30) 
referenced in paragraph (c)(48)(i) of this section.
    (49) Revisions to the Delaware State Implementation Plan submitted 
on February 17, 1995 by the Delaware Department of Natural Resources & 
Environmental Control:
    (i) Incorporation by reference. (A) Letter of February 17, 1995 from 
the Delaware Department of Natural Resources & Environmental Control 
transmitting Regulation 13--Open Burning, effective February 8, 1995.
    (B) Regulation 13--Open Burning, effective February 8, 1995.
    (C) Administrative changes to Regulation 1, Definitions and 
Administrative Principles: addition of the following definitions: 
``ceremonial fires'', ``conservation practices'', ``prescribed 
burning'', and ``silviculture''; and revision to the following 
definitions: ``open burning'', ``rubbish'', and ``trade waste'' adopted 
February 8, 1995.
    (ii) Additional material. (A) Remainder of the February 17, 1995 
State submittal pertaining to Regulation 13--Opening Burning referenced 
in paragraph (c)(49)(i) of this section.
    (50) Revisions to the Delaware State Implementation Plan submitted 
on January 11, 1993, by the Delaware Department of Natural Resources & 
Environmental Control:
    (i) Incorporation by reference. (A) Letter of January 11, 1993, from 
the Delaware Department of Natural Resources & Environmental Control 
submitting and requesting approval of Stage II Vapor Recovery 
Regulations for Gasoline Dispensing Facilities.
    (B) Addition of Section 36-Stage II Vapor Recovery and Appendix J-
Procedures for Implementation of Regulations Covering Stage II Vapor 
Recovery Systems for Gasoline Dispensing Facilities to Regulation No. 
24, ``Control of Volatile Organic Compound Emissions.'' Section 36 and 
Appendix J have an effective date of January 11, 1993.
    (ii) Additional materials. (A) Delaware Secretary's Order No. 93-
00078, issued January 11, 1993, adopting Stage II Vapor Recovery 
Regulations in the State.
    (B) Remainder of the January 11, 1993, State submittal pertaining to 
Section 36 and Appendix J of Regulation No. 24, Stage II Vapor Recovery 
at Gasoline Dispensing Facilities.
    (51) Revisions to the Delaware State Implementation Plan submitted 
on January 20, 1994 by the Delaware Department of Natural Resources & 
Environmental Control:
    (i) Incorporation by reference. (A) Letter dated January 20, 1994, 
from the Delaware DNREC transmitting an amendment to Regulation 24, 
``Control of Volatile Organic Compound Emissions'', Section 43--``Other 
Facilities that Emit VOCs'', effective November 24, 1993.
    (B) Amendment to Regulation 24, ``Control of VOC Emissions'', 
Section 43--``Other Facilities that Emit VOCs'', Sections 43(a)(1), 
43(a)(2), 43(a)(3), 43(a)(4), 43(b)(1), 43(b)(2), 43(c), 43(d), 43(e), 
and 43(f).
    (ii) Additional material. (A) Remainder of January 11, 1993 and 
January 20, 1994

[[Page 447]]

State submittal pertaining to Regulation 24 referenced in paragraphs 
(c)(46)(i) and (c)(51)(i) of this section.
    (iii) Additional Information. (A) These rules supersede paragraph 
(c)(44)(i)(C) of this section.
    (52) Revisions to the Delaware State Implementation Plan submitted 
by the Secretary, Delaware Department of Natural Resources and 
Environmental Control, on January 11, 1993.
    (i) Incorporation by reference. (A) Letter dated January 11, 1993 
from the Secretary, Delaware Department of Natural Resources and 
Environmental Control, submitting a revision to the Delaware State 
Implementation Plan.
    (B) Amended section 2, Regulation 1 (Definitions and Administrative 
Principles). Amended section 1, and added new section 7 of Regulation 17 
(Source Monitoring, Recordkeeping and Reporting). The amendments to 
Regulations 1 and 17, and the addition of section 7 of Regulation 17, 
were effective on January 11, 1993. This revision consists of an 
emission statement program for stationary sources which emit volatile 
organic compounds (VOC) and/or nitrogen oxides (NOX) at or 
above specified actual emission threshold levels. This program is 
applicable state-wide.
    (ii) Additional material. (A) Remainder of January 11, 1993 state 
submittal pertaining to Delaware Emission Statement Program.
    (53) Revisions to the Delaware Regulations on the control of 
volatile organic compound emissions from marine vessel transfer 
operations submitted on August 26, 1994 by the Delaware Department of 
Natural Resources & Environmental Control:
    (i) Incorporation by reference. (A) Letter of August 26, 1994 from 
the Delaware Department of Natural Resources & Environmental Control 
transmitting Regulation 24, ``Control of Volatile Organic Compound 
Emissions'', by renumbering existing Section 43, ``Other Facilities that 
Emit Volatile Organic Compounds,'' to Section 50 and adding a new 
Section 43, ``Bulk Gasoline Marine Tank Vessel Loading Facilities''.
    (B) Administrative changes to Section 50: renumbering existing 
Section 43 to Section 50, and Section 50(a)(1): renumbering 42 to 43; 
and the new Section 43, effective August 26, 1994.
    (ii) Additional material. (A) Remainder of August 26, 1994 State 
submittal pertaining to Regulation 24 referenced in paragraph (c)(53)(i) 
of this section.
    (54) Revisions to the Delaware State Implementation Plan submitted 
on December 19, 1994 by the Delaware Department of Natural Resources & 
Environmental Control:
    (i) Incorporation by reference. (A) Letter of December 19, 1994 from 
the Delaware Department of Natural Resources & Environmental Control 
transmitting Regulation 24--``Control of Volatile Organic Compound 
Emissions'', effective November 29, 1994.
    (B) Regulation 24--``Control of Volatile Organic Compound 
Emissions'', Sections 10, 11, 12, 44, 45, 48, and 49 and appendices I, 
K, L, and M, effective November 29, 1994.
    (C) Administrative changes to Regulation 24, Section 2--Definitions: 
Addition of sections 2(c) Basecoat; 2(j) Clearcoat; 2(x) Gloss 
flattener; 2(bb) Internal Floating Roof; 2(gg) Liquid-mounted seal; 
2(ss) Petroleum; 2(tt) Petroleum Liquid; 2(xx) Primer; 2(jjj) Storage 
Vessel; 2(mmm) Transfer efficiency; 2(ppp) Vapor-mounted seal; and 
2(ttt) Volatile Organic Liquid (VOL); and section 2(zz) by changing ASTM 
D323-89 to ASTM D323-82, effective November 29, 1994.
    (D) An Errata sheet of Regulation 24 with administrative changes to 
Section 4-4(b) by renumbering section 13 to 10 and section 22 to 23, 
4(b)(1)(iii) by renumbering section 13 to 10 and section 22 to 23, 4(c) 
by renumbering section 22 to 23, 4(d) by renumbering section 22 to 23, 
4(e) by renumbering section 13 to 10 and section 22 to 23, 4(e)(2)(iv) 
by adding the following lines: section 10(e)(1)(iii), section 11(d), 
section 12(e)(1)(iii), and section 23(e)(1)(iii), 4(e)(x) correcting 50 
degrees F to 82 degrees F; Section 8-8(a)(2) by renumbering section 13 
to 10; Section 21-21(a)(5) correcting the number 4 to 5; Section 25-
25(c)(4)(vi) by changing calibrated to calculated; Section 29-
29(i)(3)(i)(A) by correcting 0.09 to 0.044 in Hg, 29(i)(3)(i)(B) by 
correcting 0.09 to 0.044 in Hg; Section 30-30(b) by deleting definitions 
of liquid mounted seal and vapor mounted seal that were added in Section 
2--Definitions; Section 31-31(b)

[[Page 448]]

by deleting definition of internal floating roof that was added to 
Section 2--Definitions, 31(e)(ii) by correcting letter i to ii; Section 
33-33(f)(3) by correcting (c)(3)(i)(B) to (c)(3)(ii)(B), Section 35-
35(c)(2)(i) by adding weight, 35(c)(3)(i) by adding by weight; Section 
37-37(a)(1) by deleting of press ready ink; Section 43-43(a)(1) by 
renumbering section 13 to 10 and section 42 to 49; Appendix A--(a) by 
renumbering section 13(c)(1) or section 14 through 43 to section 19 
through 50; Appendix D--(a)(2)(iii)(4) by deleting to be published, 
effective November 29, 1994.
    (ii) Additional material. (A) Remainder of December 19, 1994 State 
submittal pertaining to Regulation 24 referenced in paragraphs 
(c)(54)(i).
    (55) Revisions to the Delaware Regulations, Regulation 24, Section 
47--Offset Lithographic Printing submitted on December 19, 1994 by the 
Delaware Department of Natural Resources & Environmental Control 
(DNREC):
    (i) Incorporation by reference. (A) Letter of December 19, 1994 from 
the Delaware DNREC transmitting Regulation 24, Section 47--Offset 
Lithographic Printing, effective November 29, 1994.
    (B) Regulation 24, Section 47--Offset Lithographic Printing, 
effective November 29, 1994.
    (ii) Additional material from Delaware's December 19, 1994 submittal 
pertaining to Section 47 of Regulation 24.
    (56)-(57) [Reserved]
    (58) Revisions to the Delaware State Implementation Plan on October 
2, 1996 by the Delaware Department of Natural Resources & Environmental 
Control:
    (i) Incorporation by reference. (A) A letter of October 2, 1996 from 
the Delaware Department of Natural Resources & Environmental Control 
transmitting the General Conformity Rule.
    (B) Delaware Regulation 35--Conformity of General Federal Actions to 
the State Implementation Plans (General Conformity), effective August 
14, 1996.
    (ii) Additional material from the Delaware's October 2, 1996 
submittal pertaining to Regulation 35.

[37 FR 10856, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.465, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



                     Subpart J_District of Columbia



Sec. 52.470  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for the District of Columbia 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 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. The material incorporated is 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, 2010 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, 2010.
    (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 449]]



                                  EPA-Approved District of Columbia Regulations
----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
   State citation        Title/subject      State effective date       EPA approval date          explanation
----------------------------------------------------------------------------------------------------------------
                    District of Columbia Municipal Regulations (DCMR), Title 20--Environment
----------------------------------------------------------------------------------------------------------------
                                                Chapter 1 General
----------------------------------------------------------------------------------------------------------------
Section 100.........  Purpose, Scope and   3/15/85...............  8/28/95, 60 FR 44431.....
                       Construction.
Section 101.........  Inspection.........  3/15/85...............  8/28/95, 60 FR 44431.....
Section 102.........  Orders for           3/15/85...............  8/28/95, 60 FR 44431.....
                       Compliance.
Section 104.........  Hearings...........  3/15/85...............  8/28/95, 60 FR 44431.....
Section 105.........  Penalty............  3/15/85...............  8/28/95, 60 FR 44431.....
Section 106.........  Confidentiality of   3/15/85...............  8/28/95, 60 FR 44431.....
                       Reports.
Section 107.........  Control Devices or   3/15/85...............  8/28/95, 60 FR 44431.....
                       Practices.
Section 199.........  Definitions and      4/29/97...............  7/31/97, 62 FR 40937.....
                       Abbreviations.
Section 199.........  Definitions and      4/29/97...............  12/7/99, 62 FR 68293.....  Definitions of the
                       Abbreviations.                                                          terms Actual
                                                                                               emissions,
                                                                                               allowable
                                                                                               emissions, begin
                                                                                               actual
                                                                                               construction,
                                                                                               commence,
                                                                                               complete, major
                                                                                               modification,
                                                                                               necessary
                                                                                               preconstruction
                                                                                               approvals or
                                                                                               permits, net
                                                                                               emissions
                                                                                               increase, new
                                                                                               source, potential
                                                                                               to emit,
                                                                                               shutdown, and
                                                                                               significant.
Section 199.........  Definitions and      12/8/00...............  5/9/01, 66 FR 23614......  Definition of
                       Abbreviations.                                                          ``carrier''.
Section 199.........  Definitions and      4/16/04...............  12/28/04, 69 FR 77647....  Revised Definition
                       Abbreviations.                                                          of Major
                                                                                               Stationary
                                                                                               Source.
Section 8-2: 702....  Definitions;         7/7/72................  9/22/72, 37 FR 19806.....
                       Definition of
                       ``stack''.
Section 8-2: 724....  Variances..........  7/7/72................  9/22/72, 37 FR 19806.....
----------------------------------------------------------------------------------------------------------------
                                Chapter 2 General and Non-attainment Area Permits
----------------------------------------------------------------------------------------------------------------
Section 200.........  General Permit       4/29/97...............  7/31/97, 62 FR 40937.....
                       Requirements.
Section 201.........  General              4/29/97...............  7/31/97, 62 FR 40937.....
                       Requirements for
                       Permit Issuance.
Section 202.........  Modification,        4/29/97...............  7/31/97, 62 FR 40937.....
                       Revocation and
                       Termination of
                       Permits.
Section 204.........  Permit Requirements  4/16/04...............  12/28/04, 69 FR 77647....  Revised Paragraph
                       for Sources                                                             204.4.
                       Affecting
                       Nonattainment
                       Areas.
Section 206.........  Notice and Comment   4/29/97...............  7/31/97, 62 FR 40937.....
                       Prior To Permit
                       Issuance.
Section 299.........  Definitions and      4/29/97...............  7/31/97, 62 FR 40937.....
                       Abbreviations.
Section 8-2:720(c)..  Permits to           7/7/72................  9/22/72, 37 FR 19806.....  Requirement for
                       Construct or                                                            Operating Permit.
                       Modify; Permits to
                       Operate.
----------------------------------------------------------------------------------------------------------------
                                           Chapter 3 Operating Permits
----------------------------------------------------------------------------------------------------------------
Section 307.........  Enforcement for      4/16/04...............  12/28/04, 69 FR 77639....  Provision allowing
                       Severe Ozone                                                            for the District
                       Nonattainment                                                           to collect
                       Areas.                                                                  penalty fees from
                                                                                               major stationary
                                                                                               sources if the
                                                                                               nonattainment
                                                                                               area does not
                                                                                               attain the ozone
                                                                                               standard by the
                                                                                               statutory
                                                                                               attainment date.
----------------------------------------------------------------------------------------------------------------
              Chapter 4 Ambient Monitoring, Emergency Procedures, and Chemical Accident Prevention
----------------------------------------------------------------------------------------------------------------
Section 400.........  Air Pollution        3/15/85...............  8/28/95, 60 FR 44431.....
                       Reporting Index.
Section 401.........  Emergency            3/15/85...............  8/28/95, 60 FR 44431.....
                       Procedures.
Section 499.........  Definitions and      3/15/85...............  8/28/95, 60 FR 44431.....
                       Abbreviations.
----------------------------------------------------------------------------------------------------------------
                                     Chapter 5 Source Monitoring and Testing
----------------------------------------------------------------------------------------------------------------
Sections 500.1        Records and Reports  3/15/85...............  8/28/95, 60 FR 44431.....
 through 500.3.

[[Page 450]]

 
Sections 500.4,       Records and Reports  9/30/93...............  1/26/95, 60 FR 5134......
 500.5.
Section 500.6.......  Records and Reports  9/30/93...............  10/27/99, 64 FR 57777....
Section 500.7.......  Records and          9/30/93...............  5/26/95, 60 FR 27944.....
                       Reports--Emission
                       Statements.
Section 501.........  Monitoring Devices.  3/15/85...............  8/28/95, 60 FR 44431.....
Sections 502.1        Sampling, Tests and  3/15/85...............  8/28/95, 60 FR 44431.....  Exceptions:
 through 502.15.       Measurements.                                                           Paragraphs
                                                                                               502.11, 502.12
                                                                                               and 502.14 are
                                                                                               not part of the
                                                                                               SIP.
Section 502.17......  Sampling Tests, and  09/30/93..............  10/27/99, 64 FR 57777....
                       Measurements.
Section 502.18......  Sampling, Tests and  12/8/00...............  5/9/01, 66 FR 23614......
                       Measurements.
Section 599.........  Definitions and      9/30/93...............  10/27/99, 64 FR 57777....
                       Abbreviations.
----------------------------------------------------------------------------------------------------------------
                                             Chapter 6 Particulates
----------------------------------------------------------------------------------------------------------------
Section 600.........  Fuel-Burning         4/16/04...............  12/28/04, 69 FR 77645....  Revision to
                       Particulate                                                             paragraph 600.1.
                       Emissions.
Section 601.........  Rotary Cup Burners.  3/15/85...............  8/28/95, 60 FR 44431.....
Section 602.........  Incinerators.......  3/15/85...............  8/28/95, 60 FR 44431.....
Section 603.........  Particulate Process  3/15/85...............  8/28/95, 60 FR 44431.....
                       Emissions.
Section 604.........  Open Burning.......  3/15/85...............  8/28/95, 60 FR 44431.....
Section 605.........  Control of Fugitive  3/15/85...............  8/28/95, 60 FR 44431.....
                       Dust.
Section 606.........  Visible Emissions..  3/15/85...............  8/28/95, 60 FR 44431.....
Section 699.........  Definitions and      3/15/85...............  8/28/95, 60 FR 44431.....
                       Abbreviations.
----------------------------------------------------------------------------------------------------------------
                                      Chapter 7 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Section 700.........  Organic Solvents...  3/15/85...............  10/27/99, 64 FR 57777....
Section 701.1         Storage of           3/15/85...............  10/27/99, 64 FR 57777....
 through 701.13.       Petroleum Products.
Section 702.........  Control of Volatile  3/15/85...............  10/27/99, 64 FR 57777....
                       Organic Compound
                       leaks from
                       Petroleum Refinery
                       Equipment.
Section 703.2, 703.3  Terminal Vapor       3/15/85...............  10/27/99, 64 FR 57777....
                       Recovery--Gasoline
                       or Volatile
                       Organic Compound.
Section 703.1, 703.4  Terminal Vapor       9/30/93...............  10/27/99, 64 FR 57777....
 through 703.7.        Recovery--Gasoline
                       or Volatile
                       Organic Compound.
Section 704.........  Stage I Vapor        3/15/85...............  10/27/99, 64 FR 57777....
                       Recovery.
Section 705.1         Stage II Vapor       9/30/93...............  10/27/99, 64 FR 57777....
 through 705.3.        Recovery.
Section 705.4         Stage II Vapor       3/15/85...............  10/27/99, 64 FR 57777....
 through 705.14.       Recovery.
Section 706.........  Petroleum Dry        3/15/85...............  10/27/99, 64 FR 57777....
                       Cleaners.
Section 707.........  Perchloroethylene    3/15/85...............  10/27/99, 64 FR 57777....
                       Dry Cleaning.
Section 708.........  Solvent Cleaning     3/15/85...............  10/27/99, 64 FR 57777....
                       (Degreasing).
Section 709.........  Asphalt Operations.  3/15/85...............  10/27/99, 64 FR 57777....
Section 710.........  Engraving and Plate  3/15/85...............  8/4/92, 57 FR 34249......
                       Printing.
Section 711.........  Pumps and            3/15/85...............  10/27/99, 64 FR 57777....
                       Compressors.
Section 712.........  Waste Gas Disposal   3/15/85...............  10/27/99, 64 FR 57777....
                       from Ethylene
                       Producing Plant.
Section 713.........  Waste Gas Disposal   3/15/85...............  10/27/99, 64 FR 57777....
                       from Vapor Blow-
                       down Systems.
Section 715.........  Reasonably           4/16/04...............  12/28/04, 69 FR 77647....  Revised paragraphs
                       Available Control                                                       715.2, 715.3, and
                       Technology.                                                             715.4(b).
Section 716.........  Offset Lithography.  10/2/98...............  10/27/99, 64 FR 57777....
Section 718.........  Mobile Equipment     11/26/04..............  12/23/05, 69 FR 76855....
                       Repair and
                       Refinishing.
Section 719.........  Consumer Products--  04/16/04, 11/26/04....  12/28/04, 69 FR 77642....
                       General
                       Requirements.
Section 720.........  Consumer Products--  04/16/04, 11/28/04....  12/28/04, 69 FR 77642....
                       VOC Standards.
Section 721.........  Consumer Products--  04/16/04, 11/28/04....  12/28/04, 69 FR 77642....
                       Exemptions from
                       VOC Standards.
Section 722.........  Consumer Products--  04/16/04, 11/28/04....  12/28/04, 69 FR 77642....
                       Registered Under
                       FIFRA.

[[Page 451]]

 
Section 723.........  Consumer Products--  04/16/04, 11/28/04....  12/28/04, 69 FR 77642....
                       Products Requiring
                       Dilution.
Section 724.........  Consumer Products--  04/16/04, 11/28/04....  12/28/04, 69 FR 77642....
                       Ozone Depleting
                       Compounds.
Section 725.........  Consumer Products--  04/16/04, 11/28/04....  12/28/04, 69 FR 77642....
                       Aerosol Adhesives.
Section 726.........  Consumer Products--  04/16/04, 11/28/04....  12/28/04, 69 FR 77642....
                       Antiperspirants or
                       Deodorants.
Section 727.........  Consumer Products--  04/16/04, 11/28/04....  12/28/04, 69 FR 77642....
                       Charcoal Lighter
                       Materials.
Section 728.........  Consumer Products--  04/16/04, 11/28/04....  12/28/04, 69 FR 77642....
                       Floor Wax
                       Strippers.
Section 729.........  Consumer Products--  04/16/04, 11/28/04....  12/28/04, 69 FR 77642....
                       Labeling of
                       Contents.
Section 730.........  Consumer Products--  04/16/04, 11/28/04....  12/28/04, 69 FR 77642....
                       Reporting
                       Requirements.
Section 731.........  Consumer Products--  04/16/04, 11/28/04....  12/28/04, 69 FR 77642....
                       Test Methods.
Section 732.........  Consumer Products--  04/16/04, 11/28/04....  12/28/04, 69 FR 77642....
                       Alternative
                       Control Plans.
Section 733.........  Consumer Products--  04/16/04, 11/28/04....  12/28/04, 69 FR 77642....
                       Innovative
                       Products Exemption.
Section 734.........  Consumer Products--  04/16/04, 11/28/04....  12/28/04, 69 FR 77642....
                       Variance Requests.
Section 735.........  Portable Fuel        4/16/04, 11/26/04.....  12/29/04, 69 FR 77903....
                       Containers and
                       Spouts--General
                       Requirements.
Section 736.........  Portable Fuel        4/16/04, 11/26/04.....  12/29/04, 69 FR 77903....
                       Containers and
                       Spouts--Performanc
                       e Standards.
Section 737.........  Portable Fuel        4/16/04, 11/26/04.....  12/29/04, 69 FR 77903....
                       Containers and
                       Spouts--Exemptions
                       From Performance
                       Standards.
Section 738.........  Portable Fuel        4/16/04, 11/26/04.....  12/29/04, 69 FR 77903....
                       Containers and
                       Spouts--Labeling
                       Requirements.
Section 739.........  Portable Fuel        4/16/04, 11/26/04.....  12/29/04, 69 FR 77903....
                       Containers and
                       Spouts--Testing
                       Procedures.
Section 740.........  Portable Fuel        4/16/04, 11/26/04.....  12/29/04, 69 FR 77903....
                       Containers and
                       Spouts--Innovative
                       Product Exemption.
Section 741.........  Portable Fuel        4/16/04, 11/26/04.....  12/29/04, 69 FR 77903....
                       Containers and
                       Spouts--Variance.
Section 742.........  Solvent Cleaning--   4/16/04, 11/26/04.....  12/29/04, 69 FR 77906....
                       General
                       Requirements.
Section 743.........  Solvent Cleaning--   4/16/04, 11/26/04.....  12/29/04, 69 FR 77906....
                       Cold Cleaning.
Section 744.........  Solvent Cleaning--   4/16/04, 11/26/04.....  12/29/04, 69 FR 77906....
                       Batch Vapor
                       Cleaning.
Section 745.........  Solvent Cleaning--   4/16/04, 11/26/04.....  12/29/04, 69 FR 77906....
                       In-Line Vapor
                       Cleaning.
Section 746.........  Solvent Cleaning--   4/16/04, 11/26/04.....  12/29/04, 69 FR 77906....
                       Airless and Air-
                       Tight Cleaning.
Section 747.........  Solvent Cleaning--   4/16/04, 11/26/04.....  12/29/04, 69 FR 77906....
                       Alternative
                       Compliance.
Section 748.........  Solvent Cleaning--   4/16/04, 11/26/04.....  12/29/04, 69 FR 77906....
                       Recordkeeping and
                       Monitoring.
Section 749.........  Architectural and    04/16/04, 11/26/04....  5/12/05, 70 FR 24959.....  Correction FRN
                       Industrial                                                              published 5/19/05
                       Maintenance                                                             (70 FR 28988)
                       Coating--General
                       Requirements.
Section 750.........  Architectural and    04/16/04, 11/26/04....  5/12/05, 70 FR 24959.....
                       Industrial
                       Maintenance
                       Coating--Standards.
Section 751.........  Architectural and    04/16/04, 11/26/04....  5/12/05, 70 FR 24959.....
                       Industrial
                       Maintenance
                       Coating--Exemption
                       s.
Section 752.........  Architectural and    04/16/04, 11/26/04....  5/12/05, 70 FR 24959.....
                       Industrial
                       Maintenance
                       Coating--Labeling
                       Requirement.
Section 753.........  Architectural and    04/16/04, 11/26/04....  5/12/05, 70 FR 24959.....
                       Industrial
                       Maintenance
                       Coating--Reporting
                       Requirements.
Section 754.........  Architectural and    04/16/04, 11/26/04....  5/12/05, 70 FR 24959.....
                       Industrial
                       Maintenance
                       Coating--Testing
                       Requirements.

[[Page 452]]

 
Section 799.........  Definitions and      09/30/93..............  10/27/99, 64 FR 57777....
                       Abbreviations.
                                           11/26/04..............  12/23/04, 69 FR 76855....  Definitions
                                                                                               related to
                                                                                               Section 718.
                                           4/16/04, 11/26/04.....  12/28/04, 69 FR 77642....  Definitions
                                                                                               related to
                                                                                               Sections 719
                                                                                               through 734.
                                           4/16/04, 11/26/04.....  12/29/04, 69 FR 77903....  Definitions
                                                                                               related to
                                                                                               Sections 735
                                                                                               through 741.
                                           4/16/04, 11/26/04.....  12/29/04, 69 FR 77906....  Definitions
                                                                                               related to
                                                                                               Sections 742
                                                                                               through 748.
                                           04/16/04, 11/26/04....  5/12/05, 70 FR 24959.....  Definitions
                                                                                               related to
                                                                                               Sections 748
                                                                                               through 754.
                                                                                               Correction FRN
                                                                                               published 5/19/05
                                                                                               (70 FR) 28988.
----------------------------------------------------------------------------------------------------------------
                                 Chapter 8 Asbestos, Sulfur and Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
Section 801.........  Sulfur Content of    3/15/85...............  8/28/95, 60 FR 44431.....
                       Fuel Oils.
Section 802.........  Sulfur Content of    3/15/85...............  8/28/95, 60 FR 44431.....
                       Coal.
Section 803.........  Sulfur Process       3/15/85...............  8/28/95, 60 FR 44431.....
                       Emissions.
Section 804.........  Nitrogen Oxide       3/15/85...............  8/28/95, 60 FR 44431.....
                       Emissions.
Section 805.........  Reasonably           4/16/04...............  12/28/04, 69 FR 77645, 69  Revised paragraphs
                       Available Control                            FR 77647.                  805.1(a),
                       Technology for                                                          805.1(a)(3) and
                       Major Stationary                                                        (4), 805.1(b) and
                       Sources of Oxides                                                       (c), 805.5(b) and
                       of Nitrogen.                                                            (c), 805.6, and
                                                                                               805.7.
Section 899.........  Definitions and      3/15/85...............  8/28/95, 60 FR 44431.....
                       Abbreviations.
----------------------------------------------------------------------------------------------------------------
                    Chapter 9 Motor Vehicle Pollutants, Lead, Odors, and Nuisance Pollutants
----------------------------------------------------------------------------------------------------------------
Section 904.........  Oxygenated Fuels...  7/25/97...............  5/9/01, 66 FR 23614......  Addition of
                                                                                               subsection 904.3
                                                                                               to make the
                                                                                               oxygenated
                                                                                               gasoline program
                                                                                               a CO contingency
                                                                                               measure.
Section 915.........  National Low         2/11/00...............  7/20/00, 65 FR 44981.....
                       Emissions Vehicle
                       Program.
Section 999.........  Definitions and      2/11/00...............  7/20/00, 65 FR 44981.....
                       Abbreviations.
----------------------------------------------------------------------------------------------------------------
                               Chapter 10 Nitrogen Oxides Emissions Budget Program
----------------------------------------------------------------------------------------------------------------
Section 1000........  Applicability......  12/8/00...............  12/22/00, 65 FR 80783....
Section 1001........  General Provisions.  12/8/00...............  12/22/00, 65 FR 80783....
Section 1002........  Allowance            12/8/00...............  12/22/00, 65 FR 80783....
                       Allocation.
Section 1003........  Permits............  12/8/00...............  12/22/00, 65 FR 80783....
Section 1004........  Allowance Transfer   12/8/00...............  12/22/00, 65 FR 80783....
                       and Use.
Section 1005........  Allowance Banking..  12/8/00...............  12/22/00, 65 FR 80783....
Section 1006........  NOX Allowance        12/8/00...............  12/22/00, 65 FR 80783....
                       Tracking system.
Section 1007........  Emission Monitoring  12/8/00...............  12/22/00, 65 FR 80783....
Section 1008........  Record Keeping.....  12/8/00...............  12/22/00, 65 FR 80783....
Section 1009........  Reporting..........  12/8/00...............  12/22/00, 65 FR 80783....
Section 1010........  End-of-Season        12/8/00...............  12/22/00, 65 FR 80783....
                       Reconciliation.
Section 1011........  Compliance           12/8/00...............  12/22/00, 65 FR 80783....
                       Certification.
Section 1012........  Penalties..........  12/8/00...............  12/22/00, 65 FR 80783....
Section 1013........  Program Audit......  12/8/00...............  12/22/00, 65 FR 80783....
Section 1014........  NOX Budget Trading   5/1/01................  11/1/01, 66 FR 55099.....
                       Program for State
                       Implementation
                       Plans.
Section 1099........  Definitions and      12/8/00...............  12/22/00, 65 FR 80783....
                       Abbreviations.
----------------------------------------------------------------------------------------------------------------
                                Chapter 15 General and Transportation Conformity
----------------------------------------------------------------------------------------------------------------
Section 1500........  General Conformity-- 1/8/10................  5/28/10, 75 FR 29894.....  New Regulation.
                       Purpose.
Section 1501........  General Conformity-- 1/8/10................  5/28/10, 75 FR 29894.....  New Regulation.
                       Requirements.
Section 1502........  Transportation       1/8/10................  5/28/10, 75 FR 29894.....  New Regulation.
                       Conformity--Purpos
                       e.

[[Page 453]]

 
Section 1503........  Transportation       1/8/10................  5/28/10, 75 FR 29894.....  New Regulation.
                       Conformity--Consul
                       tation Process.
Section 1504........  Transportation       1/8/10................  5/28/10, 75 FR 29894.....  New Regulation.
                       Conformity--Intera
                       gency Consultation
                       Requirements.
Section 1505........  Transportation       1/8/10................  5/28/10, 75 FR 29894.....  New Regulation.
                       Conformity--Confli
                       ct Resolution
                       Associated With
                       Conformity
                       Determinations.
Section 1506........  Transportation       1/8/10................  5/28/10, 75 FR 29894.....  New Regulation.
                       Conformity--Public
                       Consultation
                       Procedures.
Section 1507........  Transportation       1/8/10................  5/28/10, 75 FR 29894.....  New Regulation.
                       Conformity--Intera
                       gency Consultation
                       Procedures.
Section 1508........  Transportation       1/8/10................  5/28/10, 75 FR 29894.....  New Regulation.
                       Conformity--Proced
                       ures for
                       Determining
                       Regional
                       Transportation-
                       Related Emissions.
Section 1509........  Transportation       1/8/10................  5/28/10, 75 FR 29894.....  New Regulation.
                       Conformity--Enforc
                       eability of Design
                       Concept and Scope
                       and Project-Level
                       Mitigation and
                       Control Measures.
Section 1599........  Definitions........  1/8/10................  5/28/10, 75 FR 29894.....  New Regulation.
----------------------------------------------------------------------------------------------------------------
                                                   Appendices
----------------------------------------------------------------------------------------------------------------
Appendix 1..........  Emission Limits for  3/15/85...............  8/28/95, 60 FR 44431.....
                       Nitrogen Oxide.
Appendix 2..........  Table of Allowable   3/15/85...............  8/28/95, 60 FR 44431.....
                       Particulate
                       Emissions from
                       Process Sources.
Appendix 3..........  Graphic Arts         3/15/85...............  8/28/95, 60 FR 44431.....
                       Sources.
Appendix 5..........  Test Methods for     09/30/93..............  10/27/99, 64 FR 57777....
                       Sources of
                       Volatile Organic
                       Compounds.
----------------------------------------------------------------------------------------------------------------
                District of Columbia Municipal Regulations (DCMR), Title 18--Vehicles and Traffic
----------------------------------------------------------------------------------------------------------------
                                 Chapter 4 Motor Vehicle Title and Registration
----------------------------------------------------------------------------------------------------------------
Section 411.........  Registration of      10/10/86..............  6/11/99, 64 FR 31498.....
                       Motor Vehicles:
                       General Provisions.
Section 412.........  Refusal of           10/17/97..............  6/11/99, 64 FR 31498.....
                       Registration.
Section 413.........  Application for      9/16/83...............  6/11/99, 64 FR 31498.....
                       Registration.
Section 429.........  Enforcement of       3/4/83................  6/11/99, 64 FR 31498.....
                       Registration and
                       Reciprocity
                       Requirements.
----------------------------------------------------------------------------------------------------------------
                                     Chapter 6 Inspection of Motor Vehicles
----------------------------------------------------------------------------------------------------------------
Section 600.........  General Provisions.  4/23/82...............  6/11/99, 64 FR 31498.....
Section 602.........  Inspection Stickers  3/15/85...............  6/11/99, 64 FR 31498.....
Section 603.........  Vehicle Inspection:  6/29/74; Recodified 4/  6/11/99, 64 FR 31498.....
                       Approved Vehicles.   1/81.
Section 604.........  Vehicle Inspection:  11/23/84..............  4/10/86, 51 FR 12322.....
                       Rejected Vehicles.
Section 606.........  Vehicle Inspection:  6/29/74; Recodified 4/  6/11/99, 64 FR 31498.....
                       Condemned Vehicles.  1/81.
Section 607.........  Placement of         4/7/77; Recodified 4/1/ 6/11/99, 64 FR 31498.....
                       Inspection           81.
                       Stickers on
                       Vehicles.
Section 608.........  Lost, Mutilated or   6/30/72; Recodified 4/  6/11/99, 64 FR 31498.....
                       Detached             1/81.
                       Inspection
                       Stickers.
Section 609.........  Inspection of Non-   6/30/72; Recodified 4/  6/11/99, 64 FR 31498.....
                       Registered Motor     1/81.
                       Vehicles.
Section 617.........  Inspector            7/22/94...............  6/11/99, 64 FR 31498.....
                       Certification.
Section 618.........  Automotive           7/22/94...............  6/11/99, 64 FR 31498.....
                       Emissions Repair
                       Technician.
Section 619.........  Vehicle Emission     10/17/97..............  6/11/99, 64 FR 31498.....
                       Recall Compliance.
----------------------------------------------------------------------------------------------------------------
                                        Chapter 7 Motor Vehicle Equipment
----------------------------------------------------------------------------------------------------------------
Section 701.........  Historic Motor       2/25/78; Recodified 4/  6/11/99, 64 FR 31498.....
                       Vehicles.            1/81.

[[Page 454]]

 
Section 750.........  Exhaust Emission     4/26/77; Recodified 4/  6/11/99, 64 FR 31498.....
                       Systems.             1/81.
Section 751.........  Compliance with      7/22/94...............  6/11/99, 64 FR 31498.....
                       Exhaust Emission
                       Standards.
Section 752.........  Maximum Allowable    10/17/97..............  6/11/99, 64 FR 31498.....
                       Levels of Exhaust
                       Components.
Section 753.........  Inspection of        5/23/83...............  4/10/86, 51 FR 12322.....
                       Exhaust Emission
                       Systems.
Section 754.........  Federal Transient    7/22/94...............  6/11/99, 64 FR 31498.....
                       Emissions Test:
                       Testing Procedures.
Section 755.........  Federal Transient    7/22/94...............  6/11/99, 64 FR 31498.....
                       Emissions Test:
                       Equipment.
Section 756.........  Federal Transient    7/22/94...............  6/11/99, 64 FR 31498.....
                       Emissions Test:
                       Quality Assurance
                       Procedures.
----------------------------------------------------------------------------------------------------------------
                                 Chapter 11 Motor Vehicle Offenses and Penalties
----------------------------------------------------------------------------------------------------------------
Section 1101........  Offenses Related to  6/30/72; Recodified 4/  6/11/99, 64 FR 31498.....
                       Title,               1/81.
                       Registration, and
                       Identification
                       Tags.
Section 1103........  Offenses Related to  6/30/72; Recodified 4/  6/11/99, 64 FR 31498.....
                       Inspection           1/81.
                       Stickers.
Section 1104........  False Statements,    11/29/91..............  6/11/99, 64 FR 31498.....
                       Alterations,
                       Forgery, and
                       Dishonored Checks.
Section 1110........  Penalties for        11/29/91..............  6/11/99, 64 FR 31498.....
                       Violations.
----------------------------------------------------------------------------------------------------------------
                           Chapter 26 Civil Fines for Moving and Non-Moving Violations
----------------------------------------------------------------------------------------------------------------
Section 2600.1......  Infraction:          8/31/90...............  6/11/99, 64 FR 31498.....
                       Inspection,
                       Registration
                       Certificate, Tags.
----------------------------------------------------------------------------------------------------------------
                                             Chapter 99 Definitions
----------------------------------------------------------------------------------------------------------------
Section 9901........  Definitions........  10/17/97..............  6/11/99, 64 FR 31498.....  Definition of
                                                                                               ``Emission Recall
                                                                                               Notice''.
----------------------------------------------------------------------------------------------------------------

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

                         EPA-Approved District of Columbia Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                                                                  Additional
        Name of source            Permit number    State effective date   EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------
General Services                N/A--it is the     10/17/97              9/30/99             The following
 Administration Central          operating permit                        64 FR 52654          portions of GSA's
 Heating and Refrigeration       issued to GSA by                                             operating permit
 Plant and West Heating Plant.   the District of                                              are not included
                                 Columbia on                                                  in the SIP: The
                                 October 17, 1997.                                            portion of
                                                                                              Condition 3
                                                                                              referring to Table
                                                                                              1; Table 1;
                                                                                              Condition 4; Table
                                                                                              3; and Condition
                                                                                              17.
----------------------------------------------------------------------------------------------------------------

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

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP        Applicable                                                    Additional
            revision               geographic area   State submittal date   EPA approval date     explanation
----------------------------------------------------------------------------------------------------------------
1990 Base Year Emissions         Washington, DC      1/13/94               1/30/96             52.474(a) CO.
 Inventory.                       carbon monoxide    10/12/95              61 FR 2931
                                  maintenance area.
1990 Base Year Emissions         Metropolitan        1/13/94               4/23/97             52.474(b) VOC,
 Inventory.                       Washington ozone                         62 FR 19676          NOX, CO.
                                  nonattainment
                                  area.
1990 Base Year Emissions         Metropolitan        11/3/97               7/8/98              52.474(c) VOC,
 Inventory.                       Washington ozone                         63 FR 36854          NOX.
                                  nonattainment
                                  area.

[[Page 455]]

 
15% Rate of Progress Plan......  Metropolitan        4/16/98               08/05/99, 64 FR     52.476(a).
                                  Washington Ozone                          42600
                                  Nonattainment
                                  Area.
Negative Declaration-VOC Source  Metropolitan        4/8/93 and            10/27/99            52.478(a),
 Categories.                      Washington ozone   9/4/97                64 FR 57777          52.478(b).
                                  nonattainment
                                  area.
Photochemical Assessment         Metropolitan        1/14/94               9/11/95             52.480.
 Monitoring Stations (PAMS)       Washington ozone                         60 FR 47081
 Program.                         nonattainment
                                  area.
Small Business stationary        Statewide.........  10/22/93              8/17/94             52.510.
 source technical and                                                      59 FR 42165
 environmental compliance
 assistance program.
Establishment of air quality     Statewide.........  5/16/79               8/31/81             Subpart I,
 monitoring Network.                                                       46 FR 43676          section
                                                                                                52.465(c)(18).
Lead (Pb) SIP..................  Washington, DC....  10/7/82               8/18/83             52.515(c)(22).
                                                                           48 FR 37401
Plan for public notification of  Metropolitan        12/5/83               6/1/84              52.515(c)(23).
 air quality.                     Washington ozone                         49 FR 22810
                                  nonattainment
                                  area.
Revision for conflict of         Metropolitan        12/6/83               6/1/84              52.515(c)(24).
 interest procedures [CAA         Washington ozone                         49 FR 22810
 Section 128 SIP].                nonattainment
                                  area.
Carbon Monoxide Maintenance      Washington, DC....  10/12/95              1/30/96, 61 FR      52.515(c)(36)
 Plan.                                               3/9/04                 2931               Revised Carbon
                                                                           70 FR 16958, 4/4/    Monoxide
                                                                            05                  Maintenance Plan
                                                                                                Base Year
                                                                                                Emissions
                                                                                                Inventory using
                                                                                                MOBILE6.
1996-1999 Rate-of-Progress plan  Washington 1-hour   11/3/97, 5/25/99      5/13/05, 70 FR      1999 motor
 SIP.                             ozone                                     25688               vehicle
                                  nonattainment                                                 emissions
                                  area.                                                         budgets of 128.5
                                                                                                tons per day
                                                                                                (tpy) of VOC and
                                                                                                196.4 tpy of
                                                                                                NOx, effective 6/
                                                                                                13/05.
1990 Base Year inventory         Washington 1-hour   9/5/03, 2/25/04       5/13/05, 70 FR      Effective date: 6/
 Revisions.                       ozone                                     25688               13/05.
                                  nonattainment
                                  area.
1999-2005 Rate-of-Progress Plan  Washington 1-hour   9/5/03, 2/25/04       5/13/05, 70 FR      Only the TCMs in
 SIP Revision and the             ozone                                     25688               Appendix J of
 Transportation Control           nonattainment                                                 the 2/25/2004
 Measures (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, effective 6/
                                                                                                13/05.
VMT Offset SIP Revision........  Washington 1-hour   9/5/03, 2/25/04       5/13/05, 70 FR      Effective date: 6/
                                  ozone                                     25688               13/05.
                                  nonattainment
                                  area.
Contingency Measure Plan.......  Washington 1-hour   9/5/03, 2/25/04       5/13/05, 70 FR      Effective date: 6/
                                  ozone                                     25688               13/05.
                                  nonattainment
                                  area.
1-hour Ozone Modeled             Washington 1-hour   9/5/03, 2/25/04       5/13/05, 70 FR      2005 motor
 Demonstration of Attainment      ozone                                     25688               vehicle
 and Attainment Plan.             nonattainment                                                 emissions
                                  area.                                                         budgets of 97.4
                                                                                                tons per day
                                                                                                (tpy) for VOC
                                                                                                and 234.7 tpy of
                                                                                                NOx, effective 6/
                                                                                                13/05.
RACT under the 8-Hour ozone      District of         9/22/08               6/16/09, 74 FR
 NAAQS.                           Columbia.                                 28447
Section 110(a)(2)                District of         12/06/07              4/12/11, 76 FR      This action
 Infrastructure Requirements      Columbia.          1/11/08                20237               addresses the
 for the 1997 8-Hour Ozone                                                                      following CAA
 NAAQS.                                                                                         elements:
                                                                                                110(a)(2)(A),
                                                                                                (B), (C),
                                                                                                (D)(ii), (E),
                                                                                                (F), (G), (H),
                                                                                                (J), (K), (L),
                                                                                                and (M).
Section 110(a)(2)                District of         8/25/08               4/12/11, 76 FR      This action
 Infrastructure Requirements      Columbia.          9/22/08                20237               addresses the
 for the 1997 PM2.5 NAAQS.                                                                      following CAA
                                                                                                elements:
                                                                                                110(a)(2)(A),
                                                                                                (B), (C),
                                                                                                (D)(ii), (E),
                                                                                                (F), (G), (H),
                                                                                                (J), (K), (L),
                                                                                                and (M).
Section 110(a)(2)                District of         9/21/09               4/12/11, 76 FR      This action
 Infrastructure Requirements      Columbia.                                 20237               addresses the
 for the 2006 PM2.5 NAAQS.                                                                      following CAA
                                                                                                elements:
                                                                                                110(a)(2)(A),
                                                                                                (B), (C),
                                                                                                (D)(ii), (E),
                                                                                                (F), (G), (H),
                                                                                                (J), (K), (L),
                                                                                                and (M).

[[Page 456]]

 
Reasonable Further Progress      Washington DC-MD-   6/12/07               9/20/11, 76 FR
 Plan (RFP), Reasonably           VA 1997 8-hour                            58116
 Available Control Measures,      ozone moderate
 and Contingency Measures.        nonattainment
                                  area.
2002 Base Year Inventory for     Washington DC-MD-   6/12/07               9/20/11, 76 FR
 VOC, NOX, and CO.                VA 1997 8-hour                            58116
                                  ozone moderate
                                  nonattainment
                                  area.
2008 RFP Transportation          Washington DC-MD-   6/12/07               9/20/11, 76 FR
 Conformity Budgets.              VA 1997 8-hour                            58116
                                  ozone moderate
                                  nonattainment
                                  area.
Regional Haze Plan.............  Statewide.........  10/27/11              2/2/12, 77 FR 5191  .................
----------------------------------------------------------------------------------------------------------------


[63 FR 67417, Dec. 7, 1998]

    Editorial Note: For Federal Register citations affecting Sec. 
52.470, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.471  Classification of regions.

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

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


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



Sec. 52.472  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves the District of Columbia's plan for the attainment and 
maintenance of the national standards.
    (b) With respect to the transportation control strategies submitted 
on April 19, July 9, and July 16, 1973, the Administrator approves the 
measures for parking surcharge, car pool locator, vehicle inspection, 
express bus lanes, increased bus fleet and service, elimination of free 
parking by private employers, with exceptions set forth in Sec. Sec. 
52.476, 52.483, 52.486, and 52.479.
    (c) With the exceptions set forth in this subpart, the Administrator 
approves the District of Columbia's plan for the attainment and 
maintenance of the national standards under section 110 of the Clean Air 
Act. Furthermore, the Administrator finds that the plan satisfies all 
requirements of Part D, Title 1, of the Clean Air Act as amended in 
1977.
    (d) Section 710 of title 20 of the District of Columbia Regulations 
is approved with the following condition: Any alternative controls or 
exemptions under section 710.8 approved or granted by the District of 
Columbia are subject to a public notice and public hearing requirements 
and must be submitted to EPA as SIP revisions. Such alternatives or 
exemptions are not effective until approved as SIP revisions by EPA.
    (e) [Reserved]
    (f) Disapproval of revisions to the District of Columbia State 
Implementation Plan, District of Columbia Municipal Regulations (DCMR) 
Title 20, Sections 200, 201, 202, 204 and 299, pertaining to permitting 
of sources, and associated definitions in Section 199 submitted on June 
21, 1985 and October 22, 1993 by the Mayor of the District of Columbia 
(1985 submittal) and by the

[[Page 457]]

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

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



Sec. 52.473  Conditional approval.

    The District of Columbia'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 November 3, 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 24, 1998, October 27, 1998, February 16, 2000 and 
section 9.1.1.2 of the March 22, 2000 submittal, is conditionally 
approved contingent on the District 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. The District 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

[[Page 458]]

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.

[68 FR 19131, Apr. 17, 2003]

    Effective Date Note: At 69 FR 19937, Apr. 15, 2004, Sec. 52.473 was 
stayed indefinitely.



Sec. 52.474  Base Year Emissions Inventory.

    (a) EPA approves as a revision to the District of Columbia 
Implementation Plan the 1990 base year emission inventory for the 
Washington Metropolitan Statistical Area, submitted by Director, 
District of Columbia Consumer and Regulatory Affairs, on January 13, 
1994 and October 12, 1995. This submittal consist of the 1990 base year 
stationary, area and off-road mobile and on-road mobile emission 
inventories in the Washington Statistical Area for the pollutant, carbon 
monoxide (CO).
    (b) EPA approves as a revision to the District of Columbia State 
Implementation Plan the 1990 base year emission inventory for the 
District's portion of the Metropolitan Washington DC ozone nonattainment 
area submitted by the Director, DCRA, on January 13, 1994. This 
submittal consists of the 1990 base year point, area, highway mobile, 
non-road and biogenic source emission inventories in the 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 District of Columbia State 
Implementation Plan an amendment to the 1990 base year emission 
inventories for the District's portion of the Metropolitan Washington, 
D.C. ozone nonattainment area submitted by the Director, Department of 
Consumer and Regulatory Affairs, on November 3, 1997. This submittal 
consists of amendments to the 1990 base year point, area, highway 
mobile, and non-road source emission inventories in the area for the 
following pollutants: volatile organic compounds (VOC), and oxides of 
nitrogen (NOX).
    (d) EPA approves as a revision to the District of Columbia State 
Implementation Plan the 2002 base year emissions inventories for the 
Washington DC-MD-VA 1997 8-hour ozone moderate nonattainment area 
submitted by the Acting Director of the District of Columbia Department 
of the Environment on June 12, 2007. This submittal consists of the 2002 
base year point, area, non-road mobile, and on-road mobile source 
inventories in area for the following pollutants: volatile organic 
compounds (VOC), carbon monoxide (CO) and nitrogen oxides 
(NOX).

[61 FR 2936, Jan. 30, 1996, as amended at 62 FR 19679, Apr. 23, 1997; 63 
FR 36858, July 8, 1998; 76 FR 58118, Sept. 20, 2011]



Sec. 52.475  Determinations of attainment.

    (a) Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, EPA determined that the Metropolitan Washington, 
District of Columbia-Maryland-Virginia (DC-MD-VA) fine particle 
(PM2.5) nonattainment area attained the 1997 annual 
PM2.5 National Ambient Air Quality Standard (NAAQS) by the 
applicable

[[Page 459]]

attainment date of April 5, 2010. Therefore, EPA has met the requirement 
pursuant to CAA section 179(c) to determine, based on the area's air 
quality as of the attainment date, whether the area attained the 
standard. EPA also determined that the Metropolitan Washington, DC-MD-VA 
nonattainment area is not subject to the consequences of failing to 
attain pursuant to section 179(d).
    (b) Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, Washington, DC-MD-VA moderate nonattainment area 
has attained the 1997 8-hour ozone NAAQS by the applicable attainment 
date of June 15, 2010. Therefore, EPA has met the requirement pursuant 
to CAA section 181(b)(2)(A) to determine, based on the area's air 
quality as of the attainment date, whether the area attained the 
standard. EPA also determined that the Washington, DC-MD-VA moderate 
nonattainment area will not be reclassified for failure to attain by its 
applicable attainment date pursuant to section 181(b)(2)(A).

[77 FR 1413, Jan. 10, 2012, as amended at 77 FR 11741, Feb. 28, 2012]



Sec. 52.476  Control strategy: ozone.

    (a) EPA approves as a revision to the District of Columbia State 
Implementation Plan the 15 Percent Rate of Progress Plan for the 
District of Columbia's portion of the Metropolitan Washington, D.C. 
ozone nonattainment area, submitted by the Director of the District of 
Columbia Department of Health on April 16, 1998.
    (b)-(c) [Reserved]
    (d) Based upon EPA's review of the air quality data for the 3-year 
period 2003 to 2005, EPA has determined that the Washington 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 severe 1-hour ozone nonattainment area is not 
subject to the imposition of the section 185 penalty fees.
    (e) EPA approves revisions to the District of Columbia State 
Implementation Plan consisting of the 2008 reasonable further progress 
(RFP) plan, reasonably available control measures, and contingency 
measures for the Washington DC-MD-VA 1997 8-hour ozone moderate 
nonattainment area submitted by the Acting Director of the District of 
Columbia Department of the Environment on June 12, 2007.
    (f) EPA approves the following 2008 RFP motor vehicle emissions 
budgets (MVEBs) for the Washington, DC-MD-VA 1997 8-hour ozone moderate 
nonattainment area submitted by the Director of the Virginia Department 
of Environment Quality on June 12, 2007:

                  Transportation Conformity Emissions Budgets for the Washington, DC-MD-VA Area
----------------------------------------------------------------------------------------------------------------
                                                                                            Effective date of
    Type of control strategy SIP            Year          VOC (TPD)        NOX (TPD)      adequacy determination
                                                                                             or SIP approval
----------------------------------------------------------------------------------------------------------------
Rate of Progress Plan...............            2008             70.8            159.8   September 21, 2009 (74
                                                                                          FR 45853), published
                                                                                          September 4, 2009.
----------------------------------------------------------------------------------------------------------------

    (g) Determination of attainment. EPA has determined, as of February 
28, 2012, that based on 2007 to 2009 and 2008 to 2010 ambient air 
quality data, the Washington, DC-MD-VA moderate nonattainment area has 
attained the 1997 8-hour ozone National Ambient Air Quality Standard 
(NAAQS). This determination, in accordance with 40 CFR 51.918, suspends 
the requirements for this area to submit an attainment demonstration, 
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 this area continues to meet 
the 1997 8-hour ozone NAAQS.

[64 FR 42602, Aug. 5, 1999, as amended at 66 FR 631, Jan. 3, 2001; 69 FR 
43522, July 21, 2004; 73 FR 43361, July 25, 2008; 76 FR 58118, Sept. 20, 
2011; 77 FR 11741, Feb. 28, 2012]



Sec. 52.477  Control strategy: Particulate matter.

    Determination of Attainment. EPA has determined, as of January 12, 
2009, the District of Columbia portion of the

[[Page 460]]

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. 52.478  Rules and Regulations.

    (a) On April 8, 1993, the District of Columbia submitted a letter to 
EPA declaring that there are no sources located in the District 
belonging to the following VOC categories:
    (1) Automobile and light-duty truck manufacturing;
    (2) Coating of cans, coils, paper, fabric and vinyl, metal 
furniture, large appliances, magnet wire, miscellaneous metal parts and 
products, and flatwood paneling;
    (3) Storage of petroleum liquids in fixed-roof tanks and external 
floating-roof tanks;
    (4) Bulk gasoline plants and terminals;
    (5) Petroleum refinery sources;
    (6) Petroleum refinery equipment leaks;
    (7) Manufacture of synthesized pharmaceutical products, pneumatic 
rubber tires, vegetable oil, synthetic organic chemicals (fugitive VOCs 
and air oxidation), and high density polyethylene, polypropylene and 
polystyrene resins;
    (8) Graphic arts systems;
    (9) Storage, transportation and marketing of VOCs (fugitive VOCs 
from oil and gas production and natural gas and gasoline processing).
    (b) On September 4, 1997, the District of Columbia submitted a 
letter to EPA declaring that there are no sources located in the 
District which belong to the following VOC categories:
    (1) Coating of plastic parts (business machines and other);
    (2) Aerospace;
    (3) Shipbuilding and repair;
    (4) Automobile refinishing;
    (5) Industrial wastewater;
    (6) Distillation or reactor or batch processes in the synthetic 
organic chemical manufacturing industry;
    (7) Volatile organic storage;
    (8) Wood furniture coatings;
    (9) Offset lithography;
    (10) Clean-up solvents.

[64 FR 57781, Oct. 27, 1999]



Sec. 52.479  Source surveillance.

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

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



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

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

[60 FR 47084, Sept. 11, 1995]



Sec. Sec. 52.481-52.483  [Reserved]



Sec. 52.484  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 
District of Columbia 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

[[Page 461]]

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 District of Columbia 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 District of Columbia's 
SIP, the Administrator has already allocated CAIR NOX 
allowances to sources in the District of Columbia 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 District of Columbia 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 
District of Columbia 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 District of Columbia's 
SIP, the Administrator has already allocated CAIR NOX Ozone 
Season allowances to sources in the District of Columbia 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.
    (c) Notwithstanding any provisions of paragraphs (a) and (b) of this 
section and subparts AA through II and AAAA through IIII of part 97 of 
this chapter to the contrary:
    (1) With regard to any control period that begins after December 31, 
2011,
    (i) The provisions in paragraphs (a) and (b) of this section 
relating to NOX annual or ozone season emissions shall not be 
applicable; and
    (ii) The Administrator will not carry out any of the functions set 
forth for the Administrator in subparts AA through II and AAAA through 
IIII of part 97 of this chapter; and
    (2) The Administrator will not deduct for excess emissions any CAIR 
NOX allowances or CAIR NOX Ozone Season allowances 
allocated for 2012 or any year thereafter;
    (3) By November 7, 2011, the Administrator will remove from the CAIR 
NOX Allowance Tracking System accounts all CAIR 
NOX allowances allocated for a control period in 2012 and any 
subsequent year, and, thereafter, no holding or surrender of CAIR 
NOX allowances will be required with regard to emissions or 
excess emissions for such control periods; and
    (4) By November 7, 2011, the Administrator will remove from the CAIR 
NOX Ozone Season Allowance Tracking System accounts all CAIR 
NOX Ozone Season allowances allocated for a control period in 
2012 and any subsequent year, and, thereafter, no holding or surrender 
of CAIR NOX Ozone Season allowances will be required with 
regard to emissions or excess emissions for such control periods.

[72 FR 62345, Nov.2, 2007, as amended at 76 FR 48362, Aug. 8, 2011]



Sec. 52.485  Interstate pollutant transport provisions; What are the FIP 

requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each SO2 source located 
within the District of Columbia and for which requirements are set forth 
under the Federal

[[Page 462]]

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 District of Columbia 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.
    (b) Notwithstanding any provisions of paragraph (a) of this section 
and subparts AAA through III of part 97 of this chapter and any State's 
SIP to the contrary:
    (1) With regard to any control period that begins after December 31, 
2011,
    (i) The provisions of paragraph (a) of this section relating to 
SO2 emissions shall not be applicable; and
    (ii) The Administrator will not carry out any of the functions set 
forth for the Administrator in subparts AAA through III of part 97 of 
this chapter; and
    (2) The Administrator will not deduct for excess emissions any CAIR 
SO2 allowances allocated for 2012 or any year thereafter.

[72 FR 62345, Nov.2, 2007, as amended at 76 FR 48362, Aug. 8, 2011]



Sec. Sec. 52.486-52.497  [Reserved]



Sec. 52.498  Requirements for state implementation plan revisions relating to 

new motor vehicles.

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

[60 FR 4737, Jan. 24, 1995]



Sec. 52.499  Significant deterioration of air quality.

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

[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 68 
FR 11322, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003]



Sec. 52.510  Small business assistance program.

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

[59 FR 42168, Aug. 17, 1994]



Sec. 52.515  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the District of Columbia'' and all revisions submitted by the 
District of Columbia that were federally approved prior to July 1, 1998.
    (b) The above plan was officially submitted on January 31, 1972, by 
the Mayor/Commissioner.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Control strategies for sulfur oxides and particulate matter were 
defined by the District's ``Implementation Plan for Controlling Sulfur 
Oxide and Particulate Air Pollutants'' submitted on August 14, 1970, by 
the District of Columbia.
    (2) Addition to Permit to Construct regulation, Section 8-2:720 of 
the District of Columbia Control Regulations, plus miscellaneous non-
regulatory revisions to the plan submitted April 28, 1972, by the 
District of Columbia.
    (3) Particulate matter emission rate graph submitted on January 29, 
1973, by the Department of Environmental Services.

[[Page 463]]

    (4) Plan revisions were submitted on January 29, 1973, by the 
Department of Environmental Services.
    (5) Transportation Control Plans for the District of Columbia's 
portion of National Capital AQCR submitted on April 20, 1973, by the 
Mayor/Commissioner.
    (6) Amendments to the Transportation Control Plan for the District 
of Columbia submitted on July 9, 1973, by the Mayor/Commissioner.
    (7) Amendments to the Transportation Control Plan for the District 
of Columbia submitted on July 16, 1973, by the Mayor/Commissioner.
    (8) Amendments to Sections 8-2:702 (Definitions) and 8-2:707, 
(Control of Organic Compounds), subsections (a), (b), (c), (d), (e), and 
(f) of the District of Columbia Air Quality Control Regulations 
submitted on March 22, 1974 by the Mayor/Commissioner.
    (9) Amendments to Sections 8-2:704 and 8-2:705 of the District of 
Columbia Air Quality Control Regulations submitted on February 25, 1976 
by the Mayor.
    (10) Section 8-2:709 and Section 8-2:724 are amended to limit 
particulate emissions to .08 grains per day standard cubic foot at Solid 
Waste Reduction Center 1 (S.W.R.C. 1) and allow 
continued operation of S.W.R.C. 1 respectively; submitted July 
17, 1975 by the District of Columbia.
    (11) Amendments to Sections 8-2:704 (Use of Certain Fuel Oils 
Forbidden), 8-2:705 (Use of Certain Coal Forbidden), and 8-2:713 
(Visible Emissions) of the District of Columbia Air Quality Control 
Regulations submitted on March 3, 1977 by the Mayor.
    (12) Amendments to Sections 8-2:702 (Definitions), 8-2:708 (Fuel 
Burning Particulate Emission) and 8-2:720 (Permits to Construct or 
Modify, Permits to Operate); an amendment deleting Appendix 1 from the 
District of Columbia Air Quality Control Regulations submitted by the 
Mayor on May 25, 1978.
    (13) Amendments to Sections 8-2:704 (Allowable Sulfur Content in 
Fuel Oil) and 8-2:705 (Allowable Sulfur Content in Coal) of the 
District's Air Quality Control Regulations submitted on December 27, 
1978, by Mayor Walter E. Washington is hereby approved until December 
31, 1980.
    (14)-(15) [Reserved]
    (16) Amendments to Sections 8-2:702 (Definition Changes), 8-2:708 
(Performance Testing), 8-2:713 (Visible Emissions), 8-2:718 (Emission 
Testing), 8-2:726 (Penalties) of the District's Air Quality Control 
Regulations, and Section 6-812(a)(5) (Penalties) of the District of 
Columbia's Air Quality Control Act submitted on December 27, 1978 by 
Mayor Walter E. Washington.
    (17) Amendments to Sections 8-2:704 (Allowable Sulfur Content in 
Fuel Oil) and 8-2:705 (Allowable Sulfur Content in Coal) of the 
District's Air Quality Control Regulations submitted on December 27, 
1978, by Mayor Walter E. Washington are approved indefinitely.
    (18) Amendments to Regulations I (Definitions), XXIV (Control of 
Volatile Organic Compounds Emissions) and XXV (Requirements for 
Preconstruction Review) submitted on March 19, 1980 by the Secretary, 
Delaware Department of Natural Resources and Environmental Control.
    (19) The Plan revision entitled ``Revisions to the Implementation 
Plan for the District of Columbia for Attainment of the National Ambient 
Air Quality Standards for Particulates, Oxidants and Carbon Monoxide'' 
for all areas designated nonattainment as of March 3, 1978 and September 
12, 1978 submitted on December 26, 1979 by the Mayor. Included was a 
request for revocation and/or revision of sections of subpart J which 
have been mooted by court decision (District of Columbia v. Costle, 567 
F. 2d 1091 (D.C. Cir. 1977)), Congressional action, or rescission by 
EPA.
    (20) Inspection and Maintenance Program Amendments to the 
transportation control portion of the nonattainment plan were submitted 
by the Mayor on September 7, 1979 and May 6, 1981.
    (21) Amendments to the District's Air Quality Control Regulations 
for control of particulate matter, carbon monoxide and ozone were 
submitted by the Mayor on June 23, 1981.
    (22) The Washington, DC Implementation Plan for maintaining the 
National Ambient Air Quality Standard

[[Page 464]]

for lead submitted on October 7, 1982 by the Mayor.
    (23) Revision for Public Notification of Air Quality, submitted on 
December 5, 1983.
    (24) Revision for Conflict of Interest procedures, submitted on 
December 6, 1983.
    (25) Plan revision, excluding the required vehicle emission 
inspection program, providing for attainment of the Ozone and Carbon 
Monoxide Standards, submitted by the District of Columbia on December 
28, 1982 and April 15, 1983.
    (26) Revision to the 1982 District of Columbia Ozone and Carbon 
Monoxide Attainment Plan consisting of an approvable vehicle emission 
inspection and maintenance program, therefore, completing all necessary 
requirements for attainment of the Ozone and Carbon Monoxide standards; 
submitted by the Mayor on May 3, 1985. See paragraph (c)(25) of this 
section for date of original submittal.
    (i) Incorporation by reference. (A) Amendment to section 604 
(Vehicle Inspection: Rejected Vehicles) of Title 18 of the District of 
Columbia Municipal Regulations as published in the District of Columbia 
Register on November 23, 1984.
    (27) Revisions to the State Implementation Plan submitted by the 
Mayor of the District of Columbia on June 21, 1985, which define and 
impose RACT to control volatile organic compound emissions from 
engraving and plate printing sources.
    (i) Incorporation by reference. (A) A letter from the Mayor of the 
District of Columbia dated June 21, 1985, submitting revision to the 
District of Columbia State Implementation Plan, and a letter from the 
District of Columbia Department of Consumer and Regulatory Affairs dated 
April 1, 1992, formally submitting additional information supplementing 
the June 21, 1985 submittal.
    (B) Section 710 of title 20, submitted June 21, 1985 and effective 
March 15, 1985.
    (28) Revisions to 20 District of Columbia Municipal Regulations 
(DCMR) pertaining to oxygenated gasoline submitted on October 22, 1993 
by the District of Columbia's Department of Consumer and Regulatory 
Affairs.
    (i) Incorporation by reference. (A) Letter of October 22, 1993 from 
the District of Columbia's Department of Consumer and Regulatory Affairs 
transmitting the oxygenated gasoline regulations.
    (B) District of Columbia Register dated July 30, 1993 containing 20 
DCMR chapter 1, Section 199 definitions for the terms blending plant, 
distributor, non-oxygenated gasoline, oxygenate, oxygenated gasoline, 
oxygenated gasoline control period, oxygenated gasoline control area, 
refiner, refinery, retailer, retail outlet, terminal, wholesale 
purchaser-consumer; Chapter 5, Section 500, subsections 500.4 and 500.5; 
chapter 5, section 502, subsection 502.18; Chapter 9, section 904, 
subsections 904.1 and 904.2, effective September 30, 1993.
    (ii) Additional material. (A) Remainder of October 22, 1993 District 
of Columbia submittal.
    (29)-(31) [Reserved]
    (32) Revisions to the District of Columbia Regulations State 
Implementation Plan submitted on October 22, 1993 by the Government of 
the District of Columbia Department of Consumer and Regulatory Affairs.
    (i) Incorporation by reference. (A) Letter of October 22, 1993 from 
the Government of the District of Columbia Department of Consumer and 
Regulatory Affairs transmitting a revised regulation which require 
owners of stationary sources to submit emission statements annually.
    (B) D.C. ACT 10-56 amendments to District of Columbia Air Pollution 
Control Act of 1984, Section 20 DCMR 199, specifically the addition of 
new definitions, and the addition of Section 20 DCMR 500.7. Effective on 
September 30, 1993.
    (33) [Reserved]
    (34) Revisions to Title 20 the District of Columbia Municipal 
Regulations (DCMR) on June 21, 1985 by the District of Columbia:
    (i) Incorporation by reference. (A) Letter of June 21, 1985 from the 
Mayor of the District of Columbia transmitting Act 5-165, representing 
the air pollution control regulations codified in 20 DCMR.
    (B) The revised provisions of 20 DCMR, effective March 15, 1985, as 
described below:
    (1) Chapter 1--General.


[[Page 465]]


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

    Definitions (Section 199.1)--Added: Affected facility, Building, 
structure, facility, or installation, Cartridge filter, Component, 
Containers and conveyers of solvent, Crude oil, Cylinder wipe, Emission 
unit, Federally enforceable, Flexography, Fugitive emission, Gas 
services, Gas services for pipeline/valves and pressure relief valves, 
Gravure, Heatset, Hydrocarbon, Ink, Inking cylinder, Innovative control 
technology, Intaglio, Leaking component, Lease custody transfer, 
Letterpress, Letterset, Liquid service, Necessary preconstruction, Net 
emission increase, Offset printing process, Offset lithography, Paper 
wipe, Perceptible, leak, Petroleum solvent, Plate, Printing, Printing 
operation, Printing Unit, Refinery operator, Refinery unit, Routing, 
Secondary emissions, Substrate, Vacuum still, Valves not externally 
regulated, Water-based solvent, Wiping solution. Revised: Air pollution, 
Distillate oil, Dry cleaning, Existing source, Fugitive dust, 
Incinerator, Loading facilities, Person, Start-up, Stationary source, 
Vapor tight, Wipe cleaning.
    Unchanged from Section 8-2:702: Air Pollutant, Control Device, 
Conveyorized Degreaser, Cutback Asphalt, Cold Cleaner, District, 
Emission, Episode Stage, Fossil Fuel, Fossil-Fuel-Fired Steam-Generating 
Unit, Freeboard, Fuel Burning Equipment, Gasoline, Malfunction, Multiple 
Chamber Incinerator, Opacity, Open-top Vapor Degreaser, Organic 
Solvents, Particulate Matter, Photochemically Reactive Solvent, Process, 
Process Weight, Process Rate Per Hour, Ringelmann Smoke Chart, Smoke, 
Solid Waste, Standard Conditions, Submerged Fill Pipe, Volatile Organic 
Compounds.
    Abbreviations (Section 199.2)--Added: CFR, EPA, ppmv Unchanged from 
Section 8-2:702: B.T.U., cal., CO, COHs, cfm, g., Hi-Vol., hr., lb., 
max., NO2, No., ppm, psia, SO2, [micro]g/m\3\, 
U.L.

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

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

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

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

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

    (4) Chapter 6--Particulates.

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

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

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

    (6) Appendices.

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

    (7) Deletion of the following SIP provisions:


[[Page 466]]


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

    The following definitions and abbreviations:

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

    (ii) Additional material. (A) Remainder of June 21, 1985 District of 
Columbia submittal pertaining to the provisions listed above.
    (35) [Reserved]
    (36) The carbon monoxide redesignation and maintenance plan for the 
District of Columbia submitted by the District of Columbia Department of 
Consumer and Regulatory Affairs on October 12, 1995, as part of the 
District of Columbia SIP. The emission inventory projections are 
included in the maintenance plan.
    (i) Incorporation by reference. (A) Letter of October 12, 1995 from 
the District of Columbia Department of Consumer and Regulatory Affairs 
requesting the redesignation and submitting the maintenance plan.
    (B) Maintenance Plan for the Metropolitan Washington Carbon Monoxide 
Nonattainment Area adopted on September 20, 1995.
    (ii) Additional material. (A) Remainder of October 12, 1995 State 
submittal.
    (37) Revisions to the District of Columbia Municipal Regulations 
submitted on May 2, 1997 and May 9, 1997 by the District of Columbia 
Department of Consumer and Regulatory Affairs:
    (i) Incorporation by reference. (A) Letter of April 29, 1997 from 
the Department of Consumer and Regulatory Affairs transmitting new 
source review (NSR) program.
    (B) Regulations adopted on April 29, 1997; Title 20 of the District 
of Columbia Municipal Regulations (DCMR) Chapter 2, sections 200 (as 
amended), 201, 202, 204 (as amended), 206, 299 and the amended 
definition of ``modification'' in Chapter 1, section 199.
    (ii) Additional material. (A) Remainder of May 2, 1997 State 
submittal.
    (B) District Register for May 9, 1997.

[37 FR 19814, Sept. 22, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.515, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



                            Subpart K_Florida



Sec. 52.519  [Reserved]



Sec. 52.520  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for Florida 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 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 State 
implementation plan 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; at 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/

[[Page 467]]

code--of--federal--regulations/ibr--locations.html.
    (c) EPA-approved regulations.

                                        EPA-Approved Florida Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
   State citation (Section)           Title/subject        effective    EPA approval           Explanation
                                                              date          date
----------------------------------------------------------------------------------------------------------------
                            Chapter 62-204 Air Pollution Control--General Provisions
----------------------------------------------------------------------------------------------------------------
62-204.100....................  Purpose and Scope........    3/13/96  6/16/99
                                                                      64 FR 32346
62-204.200....................  Definitions..............   02/12/06  06/27/08
                                                                      73 FR 36435
62-204.220....................  Ambient Air Protection...    3/13/96  6/16/99
                                                                      64 FR 32346
62-204.240....................  Ambient Air Quality          3/13/96  6/16/99
                                 Standards.                           64 FR 32346
62-204.260....................  Prevention of Significant   02/12/06  06/27/08
                                 Deterioration Maximum                73 FR 36435
                                 Allowable Increases (PSD
                                 Increments).
62-204.320....................  Procedures for               3/13/96  6/16/99
                                 Designation and                      64 FR 32346
                                 Redesignation of Areas.
62-204.340....................  Designation of               3/13/96  6/16/99
                                 Attainment,                          64 FR 32346
                                 Nonattainment, and
                                 Maintenance Areas.
62-204.360....................  Designation of Prevention    3/13/96  6/16/99
                                 of Significant                       64 FR 32346
                                 Deterioration Areas.
62-204.400....................  Public Notice and Hearing   11/30/94  6/16/99
                                 Requirements for State               64 FR 32346
                                 Implementation Plan
                                 Revisions.
62-204.500....................  Conformity...............   08/31/98  08/11/03, 68 FR   Except for the
                                                                       47473             incorporation by
                                                                                         reference of 40 CFR
                                                                                         93.104(e) of the
                                                                                         Transportation
                                                                                         Conformity Rule.
----------------------------------------------------------------------------------------------------------------
                             Chapter 62-210 Stationary Sources--General Requirements
----------------------------------------------------------------------------------------------------------------
62-210.100....................  Purpose and Scope........   11/23/94  6/16/99
                                                                      64 FR 32346
62-210.200....................  Definitions..............    6/29/09  4/12/11
                                                                      76 FR 20239
62-210.220....................  Small Business Assistance   10/15/96  5/27/98
                                 Program.                             63 FR 28905
62-210.300....................  Permits Required.........   9/4/2006  06/01/09
                                                                      74 FR 26103
62-210.310....................  Air General Permits......   9/4/2006  06/01/09
                                                                      74 FR 26103
62-210.350....................  Public Notice and Comment   02/02/06  06/27/08
                                                                      73 FR 36435
62-210.360....................  Administrative Permit       11/23/94  6/16/99
                                 Corrections.                         64 FR 32346
62-210.370....................  Emissions Computation and   02/02/06  06/27/08
                                 Reporting.                           73 FR 36435
62-210.550....................  Stack Height Policy......   11/23/94  6/16/99
                                                                      64 FR 32346
62-210.650....................  Circumvention............   10/15/92  10/20/94
                                                                      59 FR 52916
62-210.700....................  Excess Emissions.........   11/23/94  6/16/99
                                                                      64 FR 32346
62-210.900....................  Forms and Instructions...     2/9/93  11/7/94
                                                                      59 FR 46157
62-210.920....................  Air General Permit Forms.   9/4/2006  06/01/09
                                                                      74 FR 26103
----------------------------------------------------------------------------------------------------------------
                            Chapter 62-212 Stationary Souces--Preconstruction Review
----------------------------------------------------------------------------------------------------------------
62-212.100....................  Purpose and Scope........    3/13/96  6/16/99
                                                                      64 FR 32346
62-212.300....................  General Preconstruction      6/29/09  4/12/11
                                 Review Requirements.                 76 FR 20239
62-212.400....................  Prevention of Significant   02/02/06  06/27/08
                                 Deterioration (PSD).                 73 FR 36435
62-212.500....................  Preconstruction Review      02/02/06  06/27/08
                                 for Nonattainment Areas.             73 FR 36435
62-212.600....................  Sulfur Storage and           3/13/96  6/16/99
                                 Handling Facilities.                 64 FR 32346

[[Page 468]]

 
62-212.720....................  Actuals Plantwide           02/02/06  06/27/08
                                 Applicability Limits                 73 FR 36435
                                 (PALs).
----------------------------------------------------------------------------------------------------------------
                      Chapter 62-242 Motor Vehicle Emissions Standards and Test Procedures
----------------------------------------------------------------------------------------------------------------
62-242.100....................  Purpose and Scope........    3/21/91  3/22/93
                                                                      58 FR 15277
62-242.200....................  Definitions..............    3/13/96  6/16/99
                                                                      64 FR 32346
62-242.400....................  Standards and Procedures      2/2/93  10/11/94
                                 for Inspection of
                                 Gasoline Fueled
                                 Vehicles; Pass/Fail
                                 Criteria.
62-242.500....................  Standards and Procedures      2/2/93  10/11/94
                                 for Inspection of Diesel             59 FR 51382
                                 Fueled Vehicles; Pass/
                                 Fail Criteria.
62-242.600....................  Equipment Performance         2/2/93  10/11/94
                                 Specifications.                      59 FR 51382
62-242.700....................  Tampering Inspection.....     2/2/93  10/11/94
                                                                      59 FR 51382
62-242.800....................  Low Emissions Adjustment.     2/2/93  10/11/94
                                                                      59 FR 51382
62-242.900....................  Training Criteria For         2/2/93  10/11/94
                                 Motor Vehicle Emissions              59 FR 51382
                                 Inspection Personnel.
----------------------------------------------------------------------------------------------------------------
                   Chapter 62-243 Tampering With Motor Vehicle Air Pollution Control Equipment
----------------------------------------------------------------------------------------------------------------
62-243.100....................  Purpose and Scope........    5/29/90  6/9/92
                                                                      57 FR 24370
62-243.200....................  Definitions..............     1/2/91  6/9/92
                                                                      57 FR 24378
62-243.300....................  Exemptions...............     1/2/91  6/9/92
                                                                      57 FR 24378
62-243.400....................  Prohibitions.............     1/2/91  6/9/92
                                                                      57 FR 24378
62-243.500....................  Certification............     1/2/91  6/9/92
                                                                      57 FR 24378
62-243.600....................  Enforcement..............     1/2/91  6/9/92
                                                                      57 FR 24378
62-243.700....................  Penalties................    5/29/90  6/9/92
                                                                      57 FR 24370
----------------------------------------------------------------------------------------------------------------
                              Chapter 62-244 Visible Emissions From Motor Vehicles
----------------------------------------------------------------------------------------------------------------
62-244.100....................  Purpose and Scope........    5/29/90  6/9/92
                                                                      57 FR 24370
62-244.200....................  Definitions..............     1/2/91  6/9/92
                                                                      57 FR 24378
62-244.300....................  Exemptions...............     1/2/91  6/9/92
                                                                      57 FR 24378
62-244.400....................  Prohibitions.............     1/2/91  6/9/92
                                                                      57 FR 24378
62-244.500....................  Enforcement..............     1/2/91  6/9/92
                                                                      57 FR 24378
62-244.600....................  Penalties................    5/29/90  6/9/92
                                                                      57 FR 24370
----------------------------------------------------------------------------------------------------------------
                                      Chapter 62-252 Gasoline Vapor Control
----------------------------------------------------------------------------------------------------------------
62-252.100....................  Purpose and Scope........     2/2/93  3/24/94
                                                                      59 FR 13883
62-252.200....................  Definitions..............   9/4/2006  06/01/09
                                                                      74 FR 26103
62-252.300....................  Gasoline Dispensing         9/4/2006  06/01/09
                                 Facilities-Stage I Vapor             74 FR 26103
                                 Recovery.
62-252.400....................  Gasoline Dispensing         9/4/2006  06/01/09
                                 Facilities-Stage II                  74 FR 26103
                                 Vapor Recovery.
62-252.500....................  Gasoline Tanker Trucks...   9/4/2006  06/01/09
                                                                      74 FR 26103
62-252.800....................  Penalties................     2/2/93  3/24/94
                                                                      59 FR 13883
62-252.900....................  Form.....................     2/2/93  7/21/97
                                                                      62 FR 38918
----------------------------------------------------------------------------------------------------------------

[[Page 469]]

 
                             Chapter 62-256 Open Burning and Frost Protection Fires
----------------------------------------------------------------------------------------------------------------
62-256.100....................  Declaration and Intent...   12/09/75  11/1/77
                                                                      42 FR 57124
62-256.200....................  Definitions..............   11/30/94  6/16/99
                                                                      64 FR 32346
62-256.300....................  Prohibitions.............   11/30/94  6/16/99
                                                                      64 FR 32346
62-256.400....................  Agricultural and              7/1/71  5/31/72
                                 Silvicultural Fires.                 37 FR 10842
62-256.450....................  Burning for Cold or Frost    6/27/91  9/9/94
                                 Protection.                          59 FR 46552
62-256.500....................  Land Clearing............   11/30/94  6/16/99
                                                                      64 FR 32346
62-256.600....................  Industrial, Commercial,       7/1/71  5/31/72
                                 Municipal, and Research              37 FR 10842
                                 Open Burning.
62-256.700....................  Open Burning Allowed.....   11/30/94  6/16/99
                                                                      64 FR 32346
62-256.800....................  Effective Date...........     7/1/71  5/31/72
                                                                      37 FR 10842
----------------------------------------------------------------------------------------------------------------
                              Chapter 62-296 Stationary Sources--Emission Standards
----------------------------------------------------------------------------------------------------------------
62-296.100....................  Purpose and Scope........    3/13/96  6/16/99
                                                                      64 FR 32346
62-296.320....................  General Pollutant            3/13/96  6/16/99
                                 Emission Limiting                    64 FR 32346
                                 Standards.
62-296.401....................  Incinerators.............    3/13/96  6/16/99
                                                                      64 FR 32346
62-296.402....................  Sulfuric Acid Plants.....    3/13/96  6/16/99
                                                                      64 FR 32346
62-296.403....................  Phosphate Processing.....    3/13/96  6/16/99
                                                                      64 FR 32346
62-296.404....................  Kraft (Sulfate) Pulp         3/13/96  6/16/99
                                 Mills and Tall Oil                   64 FR 32346
                                 Plants.
62-296.405....................  Fossil Fuel Steam            3/13/96  6/16/99
                                 Generators with more                 64 FR 32346
                                 than 250 million Btu per
                                 Hour Heat Input.
62-296.406....................  Fossil Fuel Steam            3/13/96  6/16/99
                                 Generator with less than             64 FR 32346
                                 250 million Btu per Hour
                                 Heat Input, New and
                                 Existing Emissions Units.
62-296.407....................  Portland Cement Plants...   11/23/94  6/16/99
                                                                      64 FR 32346
62-296.408....................  Nitric Acid Plants.......   11/23/94  6/16/99
                                                                      64 FR 32346
62-296.409....................  Sulfur Recovery Plants...   11/23/94  6/16/99
                                                                      64 FR 32346
62-296.410....................  Carbonaceous Fuel Burning   11/23/94  6/16/99
                                 Equipment.                           64 FR 32346
62-296.411....................  Sulfur Storage and          11/23/94  6/16/99
                                 Handling Facilities.                 64 FR 32346
62-296.412....................  Dry Cleaning Facilities..   06/05/96  01/16/03
                                                                      68 FR 2205
62-296.413....................  Synthetic Organic Fiber      3/13/96  6/16/99
                                 Production.                          64 FR 32346
62-296.414....................  Concrete Batching Plants.    3/13/96  6/16/99
                                                                      64 FR 32346
62-296.415....................  Soil Thermal Treatment       3/13/96  6/16/99
                                 Facilities.                          64 FR 32346
62-296.418....................  Bulk Gasoline Plants.....   9/4/2006  06/01/09
                                                                      74 FR 26103
62-296.470....................  Implementation of Federal     04/01/  10/12/07
                                 Clean Air Interstate           2007  72 FR 58016
                                 Rule.
62-296.500....................  Reasonably Available        11/23/94  6/16/99
                                 Control Technology                   64 FR 32346
                                 (RACT)--Volatile Organic
                                 Compounds (VOC) and
                                 Nitrogen Oxides (NOX)
                                 Emitting Facilities.
62-296.501....................  Can Coating..............   11/23/94  6/16/99
                                                                      64 FR 32346
62-296.502....................  Coil Coating.............   11/23/94  6/16/99
                                                                      64 FR 32346
62-296.503....................  Paper Coating............   11/23/94  6/16/99
                                                                      64 FR 32346

[[Page 470]]

 
62-296.504....................  Fabric and Vinyl Coating.   11/23/94  6/16/99
                                                                      64 FR 32346
62-296.505....................  Metal Furniture Coating..   11/23/94  6/16/99
                                                                      64 FR 32346
62-296.506....................  Surface Coating of Large    11/23/94  6/16/99
                                 Appliances.                          64 FR 32346
62-296.507....................  Magnet Wire Coating......   11/23/94  6/16/99
                                                                      64 FR 32346
62-296.508....................  Petroleum Liquid Storage.   11/23/94  6/16/99
                                                                      64 FR 32346
62-296.509....................  Bulk Gasoline Plants.....   06/01/09  Repealed.
                                                               74 FR
                                                               26103
62-296.510....................  Bulk Gasoline Terminals..   11/23/94  6/16/99
                                                                      64 FR 32346
62-296.511....................  Solvent Metal Cleaning...   06/05/96  01/16/03
                                                                      68 FR 2205
62-296.512....................  Cutback Asphalt..........   11/23/94  6/16/99
                                                                      64 FR 32346
62-296.513....................  Surface Coating of          11/23/94  6/16/99
                                 Miscellaneous Metal                  64 FR 32346
                                 Parts and Products.
62-296.514....................  Surface Coating of Flat     11/23/94  6/16/99
                                 Wood Paneling.                       64 FR 32346
62-296.515....................  Graphic Arts Systems.....   11/23/94  6/16/99
                                                                      64 FR 32346
62-296.516....................  Petroleum Liquid Storage    11/23/94  6/16/99
                                 Tanks with External                  64 FR 32346
                                 Floating Roofs.
62-296.570....................  Reasonably Available        11/23/94  6/16/99
                                 Control Technology                   64 FR 32346
                                 (RACT)--Requirements for
                                 Major VOC and NOX--
                                 Emitting Facilities.
62-296.600....................  Reasonably Available         3/13/96  6/16/99
                                 Control Technology                   64 FR 32346
                                 (RACT)--Lead.
62-296.601....................  Lead Processing               8/8/94  9/18/96
                                 Operations in General.               61 FR 49064
62-296.602....................  Primary Lead Acid Battery    3/13/96  9/18/96
                                 Manufacturing Operations.            61 FR 49064
62-296.603....................  Secondary Lead Smelting       8/8/94  9/18/96
                                 Operations.                          61 FR 49064
62-296.604....................  Electric Arc Furnace          8/8/94  9/18/96
                                 Equipped Secondary Steel             61 FR 49064
                                 Manufacturing Operations.
62-296.605....................  Lead Oxide Handling           8/8/94  9/18/96
                                 Operations.                          61 FR 49064
62-296.700....................  Reasonably Available        11/23/94  6/16/99
                                 Control Technology                   64 FR 32346
                                 (RACT)--Particulate
                                 Matter.
62-296.701....................  Portland Cement Plants...   11/23/94  6/16/99
                                                                      64 FR 32346
62-296.702....................  Fossil Fuel Steam           11/23/94  6/16/99
                                 Generators.                          64 FR 32346
62-296.703....................  Carbonaceous Fuel Burners   11/23/94  6/16/99
                                                                      64 FR 32346
62-296.704....................  Asphalt Concrete Plants..   11/23/94  6/16/99
                                                                      64 FR 32346
62-296.705....................  Phosphate Processing        11/23/94  6/16/99
                                 operations.                          64 FR 32346
62-296.706....................  Glass Manufacturing         11/23/94  6/16/99
                                 Process.                             64 FR 32346
62-296.707....................  Electric Arc Furnaces....   11/23/94  6/16/99
                                                                      64 FR 32346
62-296.708....................  Sweat of Pot Furnaces....   11/23/94  6/16/99
                                                                      64 FR 32346
62-296.709....................  Lime Kilns...............   11/23/94  6/16/99
                                                                      64 FR 32346
62-296.710....................  Smelt Dissolving Tanks...   11/23/94  6/16/99
                                                                      64 FR 32346
62-296.711....................  Materials Handling,         11/23/94  6/16/99
                                 Sizing, Screening,                   64 FR 32346
                                 Crushing and Grinding
                                 operations.
62-296.712....................  Miscellaneous               11/23/94  6/16/99
                                 Manufacturing Process                64 FR 32346
                                 Operations.
----------------------------------------------------------------------------------------------------------------

[[Page 471]]

 
                             Chapter 62-297 Stationary Sources--Emissions Monitoring
----------------------------------------------------------------------------------------------------------------
62-297.100....................  Purpose and Scope........    3/13/96  6/16/99
                                                                      64 FR 32346
62-297.310....................  General Test Requirements    3/13/96  6/16/99
                                                                      64 FR 32346
62-297.400....................  EPA Methods Adopted by      11/23/94  6/16/99
                                 Reference.                           64 FR 32346
62-297.401....................  Compliance Test Methods..    3/13/96  6/16/99
                                                                      64 FR 32346
62-297.411....................  DEP Method 1.............   11/23/94  6/16/99
                                                                      64 FR 32346
62-297.412....................  DEP Method 2.............   10/15/92  10/20/94
                                                                      59 FR 52916
62-297.413....................  DEP Method 3.............   10/15/92  10/20/94
                                                                      59 FR 52916
62-297.415....................  DEP Method 5.............   11/23/94  6/16/99
                                                                      64 FR 32346
62-297.416....................  DEP Method 5A............   10/15/92  10/20/94
                                                                      59 FR 52916
62-297.417....................  DEP Method 6.............   11/23/94  6/16/99
                                                                      64 FR 32346
62-297.423....................  EPA Method 12--             11/23/94  6/16/99
                                 Determination of                     64 FR 32346
                                 Inorganic Lead Emissions
                                 from Stationary
                                 Emissions Units.
62-297.440....................  Supplementary Test          11/23/94  6/16/99
                                 Procedures.                          64 FR 32346
62-297.450....................  EPA VOC Capture             11/23/94  6/16/99
                                 Efficiency Test                      64 FR 32346
                                 Procedures.
62-297.620....................  Exceptions and Approval     11/23/94  6/16/99           ........................
                                 of Alternate Procedures              64 FR 32346
                                 and Requirements.
----------------------------------------------------------------------------------------------------------------

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

                                EPA-Approved Florida Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                        State
         Name of source               Permit No.      effective    EPA approval             Explanation
                                                         date          date
----------------------------------------------------------------------------------------------------------------
Harry S Truman, animal import    NA                    11/26/96  1/19/00
 center.                                                         65 FR 2882
Martin Gas Sales, Inc..........  0570477-007-AC         1/17/03  5/1/03
                                                                 68 FR 23209
Broward County Aviation          ...................    8/15/03  6/17/03          Order Granting Variance from
 Department.                                                     69 FR 33862       Rule 62-252.400.
Lockheed Martin Aeronautics      ...................   04/16/05  11/28/06         Requirement that Lockheed
 Company.                                                        71 FR 68745       Martin Aeronautics Company
                                                                                   comply with EPA's Aerospace
                                                                                   CTG at its Pinellas County
                                                                                   facility.
----------------------------------------------------------------------------------------------------------------

    (e) EPA-approved Florida non-regulatory provisions.

                                 EPA-Approved Florida Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                              State        EPA         Federal
                Provision                   effective   approval      Register              Explanation
                                              date        date         notice
----------------------------------------------------------------------------------------------------------------
Revision to Maintenance Plan for             12/20/02     2/13/04      69 FR 7132  10 year update.
 Southeast Florida Area.
Revision to Maintenance Plan for the         12/20/02     3/29/04     69 FR 16172  10 year update.
 Tampa, Florida Area.
Revision to Maintenance Plan Update for      12/20/02    07/22/03     68 FR 43315
 Jacksonville Area, Florida.
110(a)(1) Maintenance Plan for the            July 2,    July 26,     75 FR 29671  110(a)(1) maintenance plan
 Southeast Florida Area.                         2009       2010.                   for 1997 8-hour ozone NAAQS.

[[Page 472]]

 
110(a)(1) Maintenance Plan for the Tampa,     July 2,    July 26,     75 FR 29671  110(a)(1) maintenance plan
 Florida Area.                                   2009       2010,                   for 1997 8-hour ozone NAAQS.
110(a)(1) Maintenance Plan for the            July 2,    July 26,     75 FR 29671  110(a)(1) maintenance plan
 Jacksonville, Florida Area.                     2009       2010.                   for 1997 8-hour ozone NAAQS.
----------------------------------------------------------------------------------------------------------------


[64 FR 32348, June 16, 1999, as amended at 65 FR 2882, Jan. 19, 2000; 66 
FR 40139, Aug. 2, 2001; 67 FR 53317, Aug. 15, 2002; 68 FR 2205, Jan. 16, 
2003; 68 FR 9554, Feb. 28, 2003; 68 FR 20075, Apr. 24, 2003; 68 FR 
23209, May 1, 2003; 68 FR 43315, July 22, 2003; 68 FR 47473, Aug. 11, 
2003; 69 FR 7132, Feb. 13, 2004; 69 FR 16172, Mar. 29, 2004; 69 FR 
33862, June 17, 2004; 71 FR 68745, Nov. 28, 2006; 72 FR 58020, Oct. 12, 
2007; 73 FR 36441, June 27, 2008; 74 FR 26106, June 1, 2009; 75 FR 
29677, May 27, 2010; 76 FR 20241, Apr. 12, 2011]

    Effective Date Note: At 77 FR 35865, June 15, 2012, Sec. 52.520(c) 
was amended under Chapters 62-210 and 62-212 by revising the entries for 
``Section 62-210.200'' and ``Section 62-212.400'', effective July 16, 
2012. For the convenience of the user, the revised text is set forth as 
follows:



Sec. 52.520  Identification of plan

                                * * * * *

    (c) * * *

                                        EPA-Approved Florida Regulations
----------------------------------------------------------------------------------------------------------------
                                                       State
 State citation (section)       Title/subject     effective date    EPA approval date          Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Chapter 62-210 Stationary Source--General Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
62-210.200................  Definitions.........        10/12/08  6/15/12, 77 FR 35862  This final rulemaking
                                                                                         approves changes to the
                                                                                         following definitions:
                                                                                         ``major modification,''
                                                                                         ``major stationary
                                                                                         source,'' ``PSD
                                                                                         pollutant'' and
                                                                                         ``significant emissions
                                                                                         rate.''
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            Chapter 62-212 Stationary Source--Preconstruction Review
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
62-212.400................  Prevention of                10/6/08  6/15/12, 77 FR 35862
                             Significant
                             Deterioration.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

                                * * * * *



Sec. 52.521  Classification of regions.

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

[[Page 473]]



----------------------------------------------------------------------------------------------------------------
                                                                               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
 Southern Mississippi Interstate.....................
Jacksonville (Florida)-Brunswick (Georgia) Interstate           I         II       III       III             I
West Central Florida Intrastate......................           I          I       III       III           III
Central Florida Intrastate...........................          II        III       III       III           III
Southwest Florida Intrastate.........................         III        III       III       III           III
Southeast Florida Intrastate.........................          II        III       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10858, May 31, 1972, as amended 39 FR 16346, May 8, 1974]



Sec. 52.522  Approval status.

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

[45 FR 17143, Mar. 18, 1980]



Sec. 52.523  [Reserved]



Sec. 52.524  Compliance schedules.

    (a) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (b) Federal compliance schedules. (1) Except as provided in 
paragraph (b)(6) of this section, the owner or operator of any 
stationary source subject to the following emission limiting regulations 
in the Florida implementation plan shall comply with the compliance 
schedule in paragraph (b)(2) of this section, Rules of the State of 
Florida, Department of Pollution Control, Air Pollution, subsections 17-
2.04(2); 17-2.04(3); 17-2.04(6)(a); 17-2.04(6)(b); 17-2.04(6)(d); 17-
2.04(6) (e)2.a; 17-2.04(6)(e)3.b; 17-2.04(6)(f); and 17-2.04(6)(h).
    (2) Compliance schedule. (i) November 1, 1973--Submit to the 
Administrator a final control plan, which describes at a minimum the 
steps which will be taken by the source to achieve compliance with the 
applicable regulations.
    (ii) January 1, 1974--Negotiate and sign all necessary contracts for 
emission control systems or process modifications, or issue orders for 
the purchase of component parts to accomplish emission control or 
process modification.
    (iii) February 1, 1974--Initiate onsite construction or installation 
of emission control equipment or process modification.
    (iv) May 1, 1975--Complete onsite construction or installation of 
emission control equipment or process modification.
    (v) July 1, 1975--Achieve compliance with the applicable 
regulations, and certify such compliance to the Administrator.
    (vi) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed by 
July 1, 1975. Ten days prior to such a test, notice must be given to the 
Administrator to afford him the opportunity to have an observer present.
    (vii) Five days after the deadline for completing paragraphs (b)(2) 
(ii) through (iv) in this section, certify to the Administrator whether 
the increment has been met.

[[Page 474]]

    (3) Except as provided in paragraph (b)(6) of this section, the 
owner or operator of any boiler or furnace of more than 250 million Btu 
per hour heat input subject to the requirements of Rules of the State of 
Florida, Department of Pollution Control, Air Pollution, subsections 17-
2.04(6)(e)2. c. and d. contained as part of the Florida Implementation 
Plan shall notify the Administrator, no later than October 1, 1973, of 
his intent to utilize either low-sulfur fuel or stack gas 
desulfurization to meet these requirements.
    (4) Any owner or operator of a stationary source subject to 
paragraph (b)(3) of this section who elects to utilize low-sulfur fuel 
shall be subject to the following compliance schedule:
    (i) November 1, 1973--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with the applicable regulation on July 1, 1975, and 
for at least one year thereafter.
    (ii) December 31, 1973--Sign contracts with fuel suppliers for fuel 
requirements as projected above.
    (iii) January 31, 1974--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (iv) March 15, 1974--Let contracts for necessary boiler 
modifications, if applicable.
    (v) June 15, 1974--Initiate onsite modifications, if applicable.
    (vi) March 31, 1975--Complete onsite modifications, if applicable.
    (vii) July 1, 1975--Achieve compliance with the requirements of 
Florida Air Pollution Rules subsections 17-2.04(6)(e)2. c. and d. and 
certify such compliance to the Administrator.
    (viii) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed by 
July 1, 1975. Ten days prior to such a test, notice must be given to the 
Administrator to afford him the opportunity to have an observer present.
    (ix) Five days after the deadline for completing paragraphs (b)(4) 
(ii) through (vi) of this section, certify to the Administrator whether 
the increment has been met.
    (5) Any owner or operator subject to paragraph (b)(3) of this 
section, who elects to utilize stack gas desulfurization shall be 
subject to the compliance schedule in paragraph (b)(2) of this section.
    (6) (i) None of the above paragraphs shall apply to a source which 
is presently in compliance with applicable regulations and which has 
certified such compliance to the Administrator by October 1, 1973. The 
Administrator may request whatever supporting information he considers 
necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Administrator no later than October 1, 1973, 
a proposed alternative compliance schedule. No such compliance schedule 
may provide for final compliance after the final compliance date on the 
applicable compliance schedule of this paragraph. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (7) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (b) (2) or (4) of this section 
fails to satisfy the requirements of Sec. Sec. 51.261 and 51.262(a) of 
this chapter.

[38 FR 16145, June 20, 1973, as amended at 38 FR 22740, Aug. 23, 1973; 
38 FR 24333, 24342, Sept. 7, 1973; 38 FR 26325, Sept. 19, 1973; 40 FR 
11724, 11725, Mar. 13, 1975; 51 FR 40676, 40677, Nov. 7, 1986; 54 FR 
25258, June 14, 1989]



Sec. 52.525  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the legal authority to provide for public availability of emission 
data is inadequate.
    (b) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the Agency responsible for 
making emission data available to the public, as

[[Page 475]]

specified in the applicable plan, concerning emissions from any source 
subject to emission limitations which are part of the approved plan may 
request that the appropriate Regional Administrator obtain and make 
public such data. Within 30 days after receipt of any such written 
request, the Regional Administrator shall require the owner or operator 
of any such source to submit information within 30 days on the nature 
and amounts of emissions from such source and any other information as 
may be deemed necessary by the Regional Administrator to determine 
whether such source is in compliance with applicable emission 
limitations or other control measures that are part of the applicable 
plan.
    (2) Commencing after the initial notification by the Regional 
Administrator pursuant to paragraph (b)(1) of this section, the owner or 
operator of the source shall maintain records of the nature and amounts 
of emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the plan. The information recorded shall be 
summarized and reported to the Regional Administrator, on forms 
furnished by the Regional Administrator, and shall be submitted within 
45 days after the end of the reporting period. Reporting periods are 
January 1 to June 30 and July 1 to December 31.
    (3) Information recorded by the owner or operator and copies of this 
summarizing report submitted to the Regional Administrator shall be 
retained by the owner or operator for 2 years after the date on which 
the pertinent report is submitted.
    (4) Emission data obtained from owners or operators of stationary 
sources will be correlated with applicable emission limitations and 
other control measures that are part of the applicable plan and will be 
available at the appropriate regional office and at other locations in 
the state designated by the Regional Administrator.

[39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55328, Nov. 28, 1975; 
51 FR 40676, Nov. 7, 1986]



Sec. 52.526  Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met, 
since section 403.111 of the Florida Statutes could, in some 
circumstances, prohibit the disclosure of emission data to the public. 
Therefore, section 403.111 is disapproved.

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



Sec. 52.527  Control strategy: General.

    (a) Since the testing and research rule (FAC 17-1.585) submitted by 
the Florida Department of Environmental Regulation on April 7, 1980, as 
a revision of the plan does not meet the requirements of Section 110 of 
the Clean Air Act and the requirements of section 51.8 of this chapter, 
it is disapproved, and is not part of the plan.
    (b) [Reserved]

[48 FR 52303, Nov. 17, 1983]



Sec. 52.528  Control strategy: Sulfur oxides and particulate matter.

    (a) In a letter dated October 10, 1986, the Florida Department of 
Environmental Regulation certified that no emission limits in the 
State's plan are based on dispersion techniques not permitted by EPA's 
stack height rules.
    (b) The variance granted to the Turkey Point and Port Everglades 
plants of Florida Power and Light Company from the particulate emission 
limits of the plan is disapproved because the relaxed limits would cause 
violation of the Class I increment for sulfur dioxide in the Everglades 
National Park. These plants must meet the 0.1/MMBTU particulate 
limit of the plan.

[48 FR 33868, July 26, 1983, as amended at 54 FR 25455, June 15, 1989]



Sec. 52.529  [Reserved]



Sec. 52.530  Significant deterioration of air quality.

    (a) EPA approves the Florida Prevention of Significant Deterioration 
program, as incorporated into this chapter, for power plants subject to 
the Florida Power Plant Siting Act.
    (b) [Reserved]
    (c) All applications and other information required pursuant to 
Sec. 52.21 of this part from sources located in the

[[Page 476]]

State of Florida shall be submitted to the State agency, Florida 
Department of Environmental Protection, Division of Air Resources 
Management, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida 32399-
2400, rather than to EPA's Region 4 office.(d) The requirements of 
sections 160 through 165 of the Clean Air Act are not met since the 
Florida plan, as submitted, does not apply to certain sources. 
Therefore, the provisions of Sec. 52.21 except paragraph (a)(1) are 
hereby incorporated by reference and made a part of the Florida plan 
for:
    (1) Sources proposing to locate on Indian reservations in Florida; 
and
    (2) Permits issued by EPA prior to approval of the Florida PSD rule.

[45 FR 52741, Aug. 7, 1980, as amended at 46 FR 17020, Mar. 17, 1981; 48 
FR 52716, Nov. 22, 1983; 68 FR 11322, Mar. 10, 2003; 68 FR 74488, Dec. 
24, 2003; 72 FR 29276, May 25, 2007; 73 FR 36442, June 27, 2008; 74 FR 
55143, Oct. 27, 2009]



Sec. 52.532  Extensions.

    (a) The Administrator hereby extends for 18 months (until July 1, 
1980) the statutory timetable for submittal of Florida's plans to attain 
and maintain the secondary ambient standard for particulate matter in 
the Jacksonville and Tampa nonattainment areas (40 CFR 81.310).

[45 FR 2033, Jan. 10, 1980; 45 FR 28112, Apr. 28, 1980]



Sec. 52.533  Source surveillance.

    The plan lacks test methods for several source categories. As 
required by Sec. 52.12(c)(1) of this part, EPA test methods (found at 
40 CFR part 60) will be used by EPA to determine compliance with the 
following emission limiting standards:
    (a) Particulate emissions from citrus plants controlled by a 
scrubber and subject to the process weight table (submitted as 17-
2.05(2) and reformatted as 17-2.610(1)1.a).
    (b) TRS emissions from recovery furnaces at kraft pulp mills 
(submitted as 17-2.05(6)D and reformatted as 17-2.600(4)1).
    (c) Sulfur dioxide emissions from fossil fuel steam sources 
(submitted as 17-2.05(6)E and reformatted as 17-2.600 (5) and (6)).
    (d) Emissions from portland cement plants (submitted as 17-2.05(6)F 
and reformatted as 17-2.600(7)).
    (e) Particulate and visible emissions from carbonaceous fuel burning 
equipment (submitted as 17-2.05(6)I and reformatted as 17-2.600(10)).

[47 FR 32116, July 26, 1982]



Sec. 52.534  Visibility protection.

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

[51 FR 5505, Feb. 13, 1986]



Sec. 52.536  Original identification of plan section.

    (a) This section identifies the original ``State of Florida Air 
Implementation Plan'' and all revisions submitted by Florida that were 
federally approved prior to July 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) Notification of adoption of standard procedures to test and 
evaluate air pollution sources submitted on April 10, 1972, by the 
Florida Department of Pollution Control.
    (2) Miscellaneous non-regulatory additions to the plan submitted on 
May 5, 1972, by the Florida Department of Pollution Control.
    (3) Compliance schedules submitted on June 1, 1973, by the Florida 
Department of Pollution Control.
    (4) Compliance schedules submitted on August 6, 1973, by the Florida 
Department of Pollution Control.
    (5) Revision of the State permit system to include indirect sources, 
Section III, Chapter 17-2, submitted on September 25, 1973, by the 
Florida Department of Pollution Control.
    (6) Compliance schedules submitted on February 26, 1974, by the 
Florida Department of Pollution Control.

[[Page 477]]

    (7) Identification of ten AQMA's submitted on May 30, 1974, by the 
Florida Department of Pollution Control.
    (8) Request that EPA defer identification of seven AQCR's submitted 
on September 25, 1974, by the Florida Department of Pollution Control.
    (9) Additional information relating to the September 25, 1974, 
deferral request submitted on November 21, 1974, by the Florida 
Department of Pollution Control.
    (10) Additional information relating to the September 25, 1974, 
deferral request submitted on January 9, 1975, by the Florida Department 
of Pollution Control.
    (11) Revision to SO2 emission limits for sulfur recovery 
plants and sulfuric acid plants submitted on February 12, 1975, by the 
Florida Department of Pollution Control.
    (12) Request for deletion of four AQMA's from the AQMA 
identification list submitted on March 31, 1975, by the Florida 
Department of Pollution Control.
    (13) Additional information supporting the March 31, 1975, deletion 
request submitted on April 9, 1975, by the Florida Department of 
Pollution Control.
    (14) Additional information supporting the March 31, 1975, deletion 
request submitted on April 15, 1975, by the Florida Department of 
Pollution Control.
    (15) Revised limits on sulfur dioxide emissions from fossil-fuel-
fired steam generators were submitted on July 26, 1975, by the 
Department of Environmental Regulation. (No action is taken on these new 
limits as they apply to Duval County.)
    (16) Revised ambient sulfur dioxide standards for Broward, Dade, and 
Palm Beach Counties, submitted on December 15, 1975, by the Florida 
Department of Environmental Regulation.
    (17) Revised burning rule for cold or frost protection, submitted on 
January 14, 1976, by the Florida Department of Environmental Regulation.
    (18) 1979 implementation plan revisions for nonattainment areas, 
(sulfur dioxide and ozone), submitted on April 30, 1979, as supplemented 
with August 27, 1979 and January 23, 1980 submittals by the Florida 
Department of Environmental Regulation.
    (19) Variance from particulate, sulfur dioxide, and visible emission 
limits of the plan for units of Florida Power and Light Company's Cape 
Canaveral, Ft. Myers, Manatee, Riviera, and Sanford plants, submitted on 
August 31, 1979, and June 23, 1980, by the Florida Department of 
Environmental Regulation. (The particulate variance for the Port 
Everglades and Turkey Point plants is disapproved.)
    (20) Limited variance from particulate, visible, and excess 
emissions limits granted to Florida Power and Light for Unit 4 of its 
Sanford station, submitted on February 4, 1980, by the Department of 
Environmental Regulation.
    (21) The implementation plan revision developed by the Florida DER 
for the Jacksonville and Tampa TSP secondary nonattainment areas under 
Part D of Title I of the CAA was submitted for EPA's approval on 
February 27, 1981. The control strategies, as approved and adopted for 
the local program agencies (the Duval County Bio-Environmental Services 
Division and the Hillsborough County Environmental Protection 
Commission) were submitted to EPA on March 16 and April 20, 1982, 
respectively.
    (22) Pursuant to section 127 of the Clean Air Act, the Florida 
Department of Environmental Regulation submitted on April 15, 1980 a 
revision to the SIP concerning provisions for public notification and 
awareness.
    (23) The air quality surveillance plan revision was submitted by the 
Florida Department of Environmental Regulation on December 11, 1979 and 
updates Florida's SIP to meet EPA requirements as set forth in 40 CFR 
part 58 (44 FR 27558, May 10, 1979).
    (24) Reformatting of the Rules and Regulations portion of the 
Florida State Implementation Plan, submitted on May 8, 1978, by the 
Florida Department of Environmental Regulation.
    (25) Revisions to the Sulfur Dioxide Emission Limiting Regulations 
applicable to specific Fossil Fuel Steam Generators, submitted on 
November 6, 1978, and February 3, 1979, by the Florida Department of 
Environmental Regulation.

[[Page 478]]

    (26) Request for delegation of authority for PSD submitted on 
September 22, 1980, by the Department of Environmental Regulation.
    (27) Corrections in 1979 revisions for ozone nonattainment areas 
(Broward, Dade, Duval, Hillsborough, Orange, Palm Beach, and Pinellas 
Counties) submitted on May 28, 1980, by the Florida Department of 
Environmental Regulation to meet conditions of the conditional approval 
of March 18, 1980 (45 FR 17140).
    (28) Revised limits on visible emissions from new sulfuric and 
nitric acid plants and mass particulate emission limits new Portland 
cement plants, submitted on July 16, 1976, by the Department of 
Environmental Regulation.
    (29) Revised Opacity Limits for Monsanto Textile Co., Pensacola, 
Florida, submitted on December 19, 1979, by the Florida Department of 
Environmental Regulation.
    (30) Operating permit for Stauffer Chemical Company, submitted on 
August 4, 1980, by the Florida Department of Environmental Regulation, 
to satisfy a condition of the approval of the 1979 revisions for the 
Pinellas County SO2 nonattainment area.
    (31) Revised ambient CO and TSP standards applicable in Broward, 
Dade, and Palm Beach Counties, submitted on August 6, 1976, by the 
Florida Department of Environmental Regulation.
    (32) Set II VOC regulations, submitted on August 28, 1980, by the 
Florida Department of Environmental Regulation.
    (33) Amendments to Florida's continuous monitoring rule, submitted 
on January 27, 1978, by the Department of Environmental Regulation.
    (34) Revisions in Sections 17-2.21 and 17-2.32 of the Florida 
Administrative Code, adopting, in part, Federal NSPS and NESHAPS 
regulations, submitted by the Florida Department of Environmental 
Regulation on August 28, 1980.
    (35) Revision of gasoline bulk plant rule, submitted on October 15, 
1980, by the Florida Department of Environmental Regulation.
    (36) Variance granted to Florida Power and Light Company for Unit 4 
of its Sanford station, submitted on August 11, 1981, by the Department 
of Environmental Regulation. This variance is applicable until July 1, 
1984, or until thirty months after EPA approval, whichever, is later, 
for particulate, visible, and sulfur dioxide emissions.
    (37) RACT emission limits and bubble provision for General Portland 
Inc., Tampa (FAC 17-2.650(2)(c)1.c.), submitted by the Florida 
Department of Environmental Regulation on August 11, 1981.
    (38) Revocation of complex source rules, submitted on August 11, 
1981, by the Florida Department of Environmental Regulation.
    (39) Emission limits for sources burning carbonaceous fuel, 
submitted on May 22, 1974, and January 21, 1981, and reformatted on 
August 11, 1981, by the Florida Department of Environmental Regulation.
    (40) Amendments to upset, startup and malfunction rule, submitted on 
August 12, 1976; revisions to section 17-2.05(14) FAC (excess emissions) 
and 17-2.05(6) Table II, E., FAC, fossil fuel steam generators-visible 
emissions, submitted on October 19, 1979; revision describing compliance 
testing for amendments in section 17-2.05 (14) and (6), submitted on 
September 24, 1980, by the Department of Environmental Regulation.
    (41) Reformatting of the rules and regulations portion of the 
Florida State Implementation Plan, submitted on August 11, 1981, by the 
Florida Department of Environmental Regulation.
    (42) Revised open burning and frost protection rule and ambient lead 
standard, submitted on December 23, 1981, by the Florida Department of 
Environmental Regulation.
    (43) On July 14, 1980, the Florida Department of Environmental 
Regulation (FDER) submitted a revision pertaining to deletion of the 
regulation on existing petroleum refineries in nonattainment areas and 
adding test methods for gasoline truck tanks, vapor collection systems, 
volatile organic compound (VOC) content of coating materials and 
gasoline bulk terminals for sources located in ozone nonattainment 
areas. On May 30, 1980, FDER submitted a revision establishing 
incremental compliance dates

[[Page 479]]

for existing VOC sources and extending final compliance dates for 
certain gasoline service stations. On December 23, 1981, FDER submitted 
a revision establishing test methods for certain VOC sources, adopting 
three definitions used in the test methods, and exempting six VOCs.
    (44) Revised SO2 limits for the Gannon Station of Tampa 
Electric Company, submitted on December 3, 1980, and associated methods 
of coal sampling and analysis, submitted on February 16, 1982, by the 
Florida Department of Environmental Regulation.
    (45) Revision of the commencement date of the COM test burn period 
for Florida Power and Light Co.'s Sanford Plant, Unit 4, submitted on 
March 30, 1982, by the Florida Department of Environmental Regulation.
    (46) Miscellaneous regulation changes, submitted on August 11, 1981, 
by the Florida Department of Environmental Regulation.
    (47) Point source emission testing methods submitted on December 30, 
1980, and May 29, 1981, by the Florida Department of Environmental 
Regulation.
    (48) Revised ambient standards and episode alert level for ozone, 
submitted on April 26, 1982, by the Florida Department of Environmental 
Regulation.
    (49) Changes in Open Burning and Frost Protection Fire Rule, 
submitted on November 15, 1982, by the Florida Department of 
Environmental Regulation.
    (50) Miscellaneous amendments to Chapter 17-2, submitted on December 
23, 1982, by the Florida Department of Environmental Regulation.
    (51) Regulations for Prevention of Significant Deterioration, 
submitted on December 23, 1981, and December 23, 1982, by the Florida 
Department of Environmental Regulation. (No action is taken on the 
provisions for review involving vessel emissions or nonattainment 
areas.)
    (52) Amendments to Chapter 17-2.650(1)(a) and 17-2.650(2)(a) 
submitted on February 18, 1983, by the Florida Department of 
Environmental Regulation. The amendments require all new and modified 
sources of particulate and volatile organic compounds located in 
nonattainment areas or in areas of influence for particulate matter to 
utilize Reasonably Available Control Technology (RACT) if they are not 
subject to Lowest Achievable Emissions Rate (LAER) provisions.
    (53) Changes to Florida Administrative Code (FAC), Chapter 17-2, 
submitted on August 12, 1983, and June 13, 1984, by the Florida 
Department of Environmental Regulation (FDER).
    (i) Incorporation by reference. (A) August 12, 1983, letter and 
April 17, 1984, certification of Administrative Rules filed with the 
Department of State, from the Florida Department of Environmental 
Regulation.
    (B) Amendments to Florida Administrative Code Rules 17-2.100(132), 
17-2.300 (1) and (2), 17-2.400 (1) through (5), 17-2.500(2)(e)3, 17-
2.500(2)(e)4.c.(i), 17-2.500(4)(b), 17-2.650(1)(a). These revisions were 
adopted on July 1, 1983, by the State of Florida Department of 
Environmental Regulation.
    (C) Amendments to Florida Administrative Code Rules 17-2.410 (1) and 
(3), and 17-2.460, approved on April 17, 1984, by the State of Florida 
Department of Environmental Regulation.
    (ii) Additional material None.
    (54) TSP variance for Jacksonville Kraft Paper Company, submitted on 
September 2, 1983, by the Florida Department of Environmental 
Regulation.
    (55) State implementation plan for lead, submitted by the Department 
of Environmental Regulation on September 17, 1984.
    (i) Incorporation by reference. (A) Amendments to Florida 
Administrative Code, Chapter 17.2-100, Definitions, and 17.2-500 and 
510, Applicability (for New Source Review), adopted by the State on 
January 25, 1984, and September 17, 1984 letter from the Florida 
Department of Environmental Regulation to EPA.
    (ii) Additional material (A) Narrative submittal, including an 
attainment demonstration.
    (B) Emissions inventories for lead sources.
    (56) Amendments to the Florida Administrative Code (FAC) submitted 
by the Secretary of the Florida Department of Environmental Regulation 
(FDER) on May 30, 1985, which deals with source sampling.

[[Page 480]]

    (i) Incorporation by reference. (A) Amendments to 17-2.700 FAC, 
which deals with source sampling procedures and conditions, adopted on 
April 3, 1985, by the FDER.
    (ii) Additional material. (A) None.
    (57) Changes to Florida Administrative Code (FAC) Chapter 17-2, 
submitted on May 31, 1985, by the Florida Department of Environmental 
Regulation (FDER).
    (i) Incorporation by reference. (A) May 31, 1985 letter from the 
Florida DER, and Amendments to FAC Chapters 17-2.100, 17-2.215, 17-
2.540, 17-2.600, 17-2.700 and 17-2.753 which were adopted by the FDER on 
April 11, 1985. Allow sulfur in the pelletized form to be shipped and 
handled in the State. Also establish new source review requirements, 
emission estimating procedures, emission limiting standards, and test 
procedures for elemental sulfur storage and handling facilities.
    (ii) Additional information. (A) None.
    (58) Visibility new source review regulations were submitted to EPA 
on September 23, 1985.
    (i) Incorporation by reference. (A) Letter of September 23, 1985, 
from the State of Florida Department of Environmental Regulation, and 
amendments to Rule 17-2.100 FAC (Definitions), Rule 17-2.220 FAC (Public 
Notice and Comment), and Rule 17-2.500 FAC (Prevention of Significant 
Deterioration), adopted by the Florida Department of Environmental 
Regulation on July 25, 1985.
    (59) Post-1982 CO SIP revision for Dade County, submitted on 
September 19, 1986, by the Florida Department of Environmental 
Regulation.
    (i) Incorporation by reference. None.
    (ii) Other material. (A) Narrative description of analysis performed 
for CO.
    (B) Analysis of East Flagler Street Carbon Monoxide Exceedances--
Downtown Miami.
    (C) Description of Methodologies to Assess Eight-Hour Nighttime 
Carbon Monoxide Exceedances.
    (D) Identification and Analysis of Potential Carbon Monoxide 
Hotspots in Dade County, Florida.
    (E) Analysis of Transportation Control Measures (TCMs), Dade County/
Miami.
    (60) Stack height regulations were submitted on July 1 and November 
19, 1986, by the Florida Department of Environmental Regulation.
    (i) Incorporation by reference. (A) Revised FAC 17-2.100(177), added 
FAC 17-2.100(178), added FAC 17-2.500(5)(h)6., and added FAC 17-
2.510(4)(f), adopted on May 8, 1986.
    (B) Revised FAC 17-2.100(61) and revised FAC 17-2.270, adopted on 
September 30, 1986.
    (ii) Other material. None.
    (61) [Reserved]
    (62) Consent Order was submitted by EPA on August 14, 1986, by the 
Florida Department of Environmental Regulation.
    (i) Incorporation by reference. (A) A Consent Order for Smart-Pak 
Industries was adopted by the Florida Department of Environmental 
Regulation on June 17, 1986.
    (ii) Additional material. None.
    (63) Florida plan for the protection of visibility in Federal Class 
I areas submitted to EPA on August 27, 1987, by the Florida Department 
of Environmental Regulation (FDER) to satisfy the Part 2 visibility 
requirements.
    (i) Incorporation by reference. (A) May 26, 1988, letter from the 
Florida Department of Environmental Regulation, and pages 20 and 21 of 
the Florida plan for the protection of visibility in Federal Class I 
areas containing the periodic review requirements satisfying 40 CFR 
51.306(c), adopted by the Florida Department of Environmental Regulation 
on August 27, 1987.
    (ii) Additional material. (A) Narrative SIP titled ``The Florida 
Plan for the Protection of Visibility in Federal Class I Areas.''
    (64) [Reserved]
    (65) Changes to the Florida Administrative Code (FAC), Chapter 17-2, 
submitted to EPA on November 19, 1986, and June 12, 1987, by the Florida 
Department of Environmental Regulations.
    (i) Incorporation by reference. (A) November 19, 1986, and June 12, 
1987, letters from the Florida Department of Environmental Regulation.
    (B) Amendments to Florida Administrative Code Rules 17-2.100(6), 
(21) and (118); 17-2.210 introductory text, (1) and (3)(r); 17-2.220(1), 
(2)(a)-(h); 17-

[[Page 481]]

2.300(3)(c)1. and (3)(c)2.; 17-2.310 introductory text; 17-2.450(1)(a) 
and (2)(a);17-2.500(2)(e)4.a. (i) and (ii), (4)(a)1.a. and (4)(b)1.; 17-
2.600(1)(d); and 17-2.700(2)(a)3.; Tables 500-1, 500-2, 500-3, Table 
700-1 and Table 700-2. These revisions were adopted on July 1, 1983, and 
September 30, 1986, by the Florida Department of Environmental 
Regulation.
    (ii) Additional material. None.
    (66) PM10 revisions for the Florida State Implementation 
FPlan were submitted on May 19, 1988 and July 18, 1989, by the Florida 
Department of Environmental Regulation. Miscellaneous corrective 
revisions were also submitted by the Florida Department of Environmental 
Regulation on July 18, 1989.
    (i) Incorporation by reference. (A) Revised regulations which became 
state-effective on May 30, 1988:

17-2.100--Definitions: (16)(a), (17), (61), (143), (173)(b), (202)
17-2.300--Ambient Air Quality Standards: (3)(b)
17-2.310--Maximum Allowable Increases (Prevention of Significant 
Deterioration Increments): (1)(a) and (2)(a)
17-2.330--Air Alert: (1)(b) thru (f)
17-2.340--Air Warning: (1)(b)
17-2.350--Air Emergency: (1) Introductory paragraph, (1)(b) thru (e)
17-2.400--Procedures for Designation and Redesignation of Areas: (1)(b)
17-2.410--Designation of Areas Not Meeting Ambient Air Quality Standards 
(Nonattainment Areas): (2)(b), (3) thru (7)
17-2.420--Designation of Areas Meeting Ambient Air Quality Standards 
(Attainment Areas): (2)
17-2.430--Designation of Areas Which Cannot Be Classified As Attainment 
or Nonattainment (Unclassifiable Areas): (1)
17-2.450--Designation of Prevention of Significant Deterioration (PSD) 
Areas: (1) Introductory paragraph and subparagraph (a)
17-2.460--Designation of Air Quality Maintenance Areas: (4)
17-2.500--Prevention of Significant Deterioration: (2)(e)4.b., (4)(e)3., 
(5)(f)3, Table 500-2 and Table 500-3
17-2.600--Specific Source Emission Limiting Standards: (11)(a)3., 7., 
9., (11)(b)3.a., (11)(b)5.

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

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

    (ii) Additional material. (A) Letter of May 19, 1988, from the 
Florida Department of Environmental Regulation (FDER) submitting the SIP 
revisions.
    (B) Letter of July 18, 1989, from the FDER submitting additional SIP 
revisions.
    (67) [Reserved]
    (68) Revisions which were submitted on August 16 and November 8, 
1989, concerning Biological Waste Incinerators

[[Page 482]]

    (i) Incorporation by reference. (A) Revisions to Florida 
Administrative Code, Chapter 17-2 which became state effective on August 
30, 1989.

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

    (B) Revisions to Florida Administrative Code, chapter 17-2 which 
became state effective on November 9, 1989.

17-2.100 Definitions: 26 and 175

    (ii) Additional material.(A) Letter of August 16, 1989, from the 
Florida Department of Environmental Regulation submitting the SIP 
revision.
    (B) Letter of November 8, 1989, from the Florida Department of 
Environmental Regulation submitting the amendments to the August 16, 
1989, submittal.
    (69) Vehicle Anti-tampering and visible emissions regulations 
(Chapter 17-243 and Chapter 17-244 of the Florida Administrative Code 
respectively) which were submitted to EPA on March 20, 1990, and 
revisions to Chapter 17-243 submitted on June 18, 1990.
    (i) Incorporation by reference. (A) New Florida Administrative Code 
(FAC) regulations 17-243 (Tampering with Motor Vehicle Pollution Control 
Equipment) and 17-244 (Visible Emissions from Motor Vehicles) which 
became state effective on February 21, 1990.
    (B) Revisions to FAC Chapter 17-243 (Tampering with Motor Vehicle 
Air Pollution Control Equipment) which became state effective May 29, 
1990.
    (ii) Other material.
    (A) March 20, 1990, and June 18, 1990, letters from the Florida 
Department of Environmental Regulation.
    (70) Revisions to chapter 17-2 of the Florida Administrative Code 
which were submitted on July 12, 1990.
    (i) Incorporation by reference. (A) Amendments to the following 
rules of F.A.C. which become effective on July 13, 1990:

17-2.100 (21), (22), (119) and (126);
17-2.310 (preamble), (1)(c), (2)(c), and (3)(c);
17-2.450 (1)(a), (2)(a), and (3); and
17-2.500 (2)(e)4.b., (3)(f)3., 4(a)3., 4(b)1. thru 3.a.
Introductory paragraph, 4(b)3.b. thru d., 4(b)3.e. introductory 
paragraph and 4(b)3.e.(ii).

    (ii) Other material. (A) Letter of July 12, 1990, from the Florida 
Department of Environmental Regulation.
    (B) Minimum program elements.
    (71) The Florida Department of Environmental Regulation submitted an 
Order authorizing research and testing by the Florida Power & Light 
Company and the operating permit for the Orimulsion Fuel Test Burn at 
the Sanford Power Plant Unit No. 4 to EPA on October 11, 1990.
    (i) Incorporation by reference. (A) Florida Department of 
Environmental Regulation Order authorizing research and testing by the 
Florida Power & Light Company adopted on October 4, 1990.
    (B) Florida Power & Light operating permit number AC 64-180842, PSD-
FL-150 which becomes State-effective on January 7, 1991.
    (ii) Other materials. (A) Letter of October 11, 1990, from the 
Florida Department of Environmental Regulation.
    (72) Revisions to Chapter 17-2 of the Florida Administrative Code 
which were submitted on August 16, 1989, and August 27, 1990.
    (i) Incorporation by reference. (A) Amendments to FAC 17-2.100(41), 
(153) and (217); 17-2.510(2)(a) introductory paragraph, 17-2.650(1)(a), 
(1)(b) title, (1)(b)2., (1)(c)1, (1)(d), (1)(e), (1)(f) introductory 
paragraph, (1)(f)2.a., (1)(f)3.a., (1)(f)5.b., (1)(f)6.a.(i), and 
(1)(f)14.a.(iii); which became State effective on August 30, 1989.
    (B) Amendments to FAC 17-2.100(220); 17-2.650(1)(b)2, (1)(d), 
(1)(e), (1)(f)4.a., and (1)(f)16.a.; 17-2.700 TABLE 700-1; and 17-2.965, 
which became State effective on September 13, 1990.
    (ii) Other material. None.
    (73) Regulations for a centralized vehicle Inspection/Maintenance 
(I/M) program. These revisions were submitted by the State of Florida, 
through the Florida Department of Environmental Regulation (FDER) on 
March 20, 1989.
    (i) Incorporated by reference. (A) Florida Administrative Code, 
Chapter 17-242, Mobile Source--Vehicle Emission Standards and Test 
Procedures Rule

[[Page 483]]

which were adopted on January 31, 1989.
    (ii) Other material. (A) Letter of March 20, 1989, from the Florida 
Department of Regulation (FDER).
    (74) Vehicle Anti-tampering revisions (Chapter 17-243 of the Florida 
Administrative Code) which were submitted to EPA on January 24, 1991.
    (i) Incorporation by reference. (A) Revisions to FAC Chapter 17-243 
(Tampering with Motor Vehicle Air Pollution Control Equipment) which 
became state effective January 2, 1991, as follows:

17-243.200--Definitions: (1); (2) Introductory Paragraph and (a); and 
(3) Introductory paragraph
17-243.300--Exemptions: (2); (3) Introductory paragraph and (b); (4) 
Introductory paragraph, (b), (c) and (d)
17-243.400--Prohibitions
17-243.500--Certification: (1)(a) thru (d)
17-243.600--Enforcement: (2); (3) Introductory paragraph and (b), (4); 
(6); and (7)

    (ii) Other material.
    (A) Letter dated January 24, 1991, from the Florida Department of 
Environmental Regulation.
    (75) Revisions to F.A.C. Chapter 17-242 (Motor Vehicle Emission 
Standards and Testing Procedures) which were submitted to EPA on March 
25, 1991.
    (i) Incorporation by reference. (A) Revision to F.A.C. 17-242 (Motor 
Vehicle Emission Standards and Testing Procedures) which were adopted 
March 1, 1991.
    Revision to F.A.C. Chapter 17-242 as follows:

17-242.100; and
17-242.200 (1), (6), (9), (11), (12), (15), (18), (26), (29) and (30); 
and
17-242.300; and
17-242.400; and
17-242.500; and
17-242.600 (1-3(a)(3)), 3(a)(6-10), 5(a-f), 5(h), 6 and
17-242.700; and
17-242.800; and
17-242.900 (1), (2)(a), (2)(b), (2)(d) through (2)(g), (3), (4) and (5)

    (ii) Other material. (A) Letter of March 25, 1991, from the Florida 
Department of Environmental Regulation.
    (76) The Florida Department of Environmental Regulation submitted 
revisions to chapter 17-2 of the Florida Administrative Code which were 
submitted on January 14, 1992. These revisions incorporate Capture 
Efficiency Test Procedures for Volatile Organic Compound sources into 
the Florida Administrative Code.
    (i) Incorporation by reference. (A) Florida Administrative Code 
(FAC) 17-2.100 (32), (37), (38), (39), (40), (60), (61), (68), (95), 
(101), (117), (155), (163), (180), (218), (237), effective December 31, 
1991.
    (B) FAC 17-2.650(1)(f) Introductory paragraph, 1., 2., 3., 4., 5., 
6., 7., 12., 14., 15., and 16., effective December 31, 1991.
    (C) FAC 17-2.700(6)(c)7, effective December 31, 1991.
    (D) FAC 17-2.700(7), effective December 31, 1991.
    (ii) Other material. None.
    (77) [Reserved]
    (78) State Implementation Plan for chapters 17-296, and 17-297, Soil 
Thermal Treatment and Recodification of the Florida Administrative Code, 
chapter 17-2, Air Pollution, submitted by the Department of 
Environmental Regulation on November 23, 1992, and January 11, 1993, 
respectively.
    (i) Incorporation by reference. (A) The following chapters of the 
Florida Administrative Code, effective October 15, 1992:
    (1) 17-209, Local Air Pollution Programs,
    (2) 17-210, Stationary Sources General Requirements,
    (3) 17-212, Preconstruction Review,
    (4) 17-252, Gasoline Vapor Control,
    (5) 17-272, Ambient Air Quality Standards,
    (6) 17-273, Air Pollution Episodes,
    (7) 17-275, Air Quality Areas,
    (8) 17-296, Stationary Sources--Emission Standards,
    (9) 17-297, Stationary Sources--Emission Monitoring.
    (B) Revisions to the following Florida Administrative Code: Chapters 
17-296.200(162), 17-296.415, table 297.330-1: entry 17-296.415, 17-
297.500(6), Soil Thermal Treatment, effective November 17, 1992.
    (ii) Other material. None.
    (79) Revisions to the F.A.C. Chapter 17-252 which were submitted by 
the Florida Department of Environmental Protection on January 8, 1993. 
The submittal revised the regulations for vapor recovery.

[[Page 484]]

    (i) Incorporation by reference. (A) Revision to F.A.C. 17-252 which 
was effective on February 2, 1993: 17-252.100; 17-252.200(2-12); 17-
252.300; 17-252.400; 17-252.500; 17-252.800; 17-252.900
    (ii) Other material. (A) Letter of January 8, 1993, from the Florida 
Department of Environmental Regulation.
    (80) The Florida Department of Environmental Regulation has 
submitted revisions to chapter 403.0852 of the Florida Statutes on 
February 24, 1993. These revisions address the requirements of section 
507 of title V of the CAA and establish the Small Business Stationary 
Source Technical and Environmental Assistance Program (PROGRAM).
    (i) Incorporation by reference. Florida Statutes 403.031(20), 
403.0852 (1), (2), (3), (4), 403.0872(10)(b), 403.0873, 403.8051, 
effective on April 28, 1992.
    (ii) Other material. None.
    (81) The maintenance plan for Duval County submitted by the Florida 
Department of Environmental Protection on June 23, 1993, as part of the 
Florida SIP.
    (i) Incorporation by reference. (A) Duval County Ozone Ten Year 
Maintenance Plan including Emissions Inventory Summary and Projections 
effective on August 23, 1994.
    (ii) Other material. None.
    (82) Revisions to chapter 17-296 and 17-297 of the Florida 
Administrative Code (FAC) regarding animal crematories and human 
crematories submitted on October 8, 1992, and December 9, 1993, 
respectively.
    (i) Incorporation by reference. (A) Amendments to FAC 17-2.600(d) 
and 17-2.700 and Table 700-1, adopted September 24, 1992.
    (B) Amendments to FAC 17-296.200(84), 17-296.401(5), 17-297.330, 
Table 17-297.330-1 and 17-297.500(7), adopted November 12, 1992.
    (ii) Additional information. None.
    (83) Revisions to Chapter 17-296 of the Florida Administrative Code 
(FAC) regarding Stationary Sources submitted on July 2, 1993.
    (i) Incorporation by reference. (A) Amendments to FAC 17-296.405 and 
17-296.406, adopted June 9, 1993.
    (84) Revisions to Florida Administrative Code Chapters 1709242 and 
1709275 which were effective February 2, 1993.
    (i) Incorporation by reference. (A) Revisions to Florida 
Administrative Code 1709242 and 1709275 which were effective February 2, 
1993.17.242.200(2), (16), (22), (250926), (29), (31); 17.242.400(2093), 
(4)(a), (4)(b), (5) introductory text and (5)(a);1709242.500(1)(a-b), 
(3)(b)1.; 1709242.600(2), (3) introductory text, (3)(a)1., (3)(a)7., 
(3)(c), (5)(d); 1709242.700 (4) introductory text, (4)(a), (4)(c-d), 
(5); 1709242.800(1), 1709242.900(1)(b), (2), (3)(c), (4); 1709275.100; 
1709275.200 introductory text, (15), (170918); 275.300(1)(c), (3) 
introductory text,(3)(a), (3)(b)introductory text, (3) introductory 
text, (3)(b) introductory text, (3)(b)2. introductory text, (3)(b)2.b.-
c., (3)(b)3. introductory text, (3)(b)3.a.; 17.275.400(2095); 
1709275.410(1093),(6); 1709275.420(1);1709275.600(1),(2) introductory 
text, (2)(b-c)
    (ii) Other material. None.
    (85) Revisions to the State of Florida State Implementation Plan 
(SIP) concerning emission statements were submitted on January 12, 1993 
by the Florida Department of Environmental Protection.
    (i) Incorporation by reference. (A) Revisions to the following 
Florida Regulations were effective February 9, 1993. F.A.C. 17-210.100; 
17-210.200(47), (49), (52) and (64); 17-210.370; and 17-210.900.
    (ii) Other material. None.
    (86) The maintenance plan for Southeast Florida submitted by the 
Florida Department of Environmental Protection on November 8, 1993, as 
part of the Florida SIP.
    (i) Incorporation by reference. (A) Southeast Florida Ozone Ten Year 
Maintenance Plan including Emissions Inventory Summary and Projections 
effective on November 8, 1993.
    (ii) Other material. None.
    (87) Revisions to the Florida State Implementation Plan submitted by 
the Department of Environmental Protection on December 10, 1996.
    (i) Incorporation by reference. Section 62-210.200(1), (29)(g), 
(77)(a), (b), (137), (145)(a)29., (167), (259)(a)3-5 and (b), (309(y), 
and 62-210.220 of the Florida SIP effective October 15, 1996.
    (ii) Other material. None.
    (88) Revisions to the F.A.C. Chapters 17-212 and 17-296 which were 
effective February 2, 1993

[[Page 485]]

    (i) Incorporation by reference. (A) Revision to F.A.C. 17-212, and 
17-296 which were effective on : February 2, 1993. 17-212.100; 17-
212.200 introductory paragraph, (5),(12),(57),(63)(e),(64),(75); 17-
212.400 introductory paragraph,(2) introductory paragraph, (2)(f)3; 17-
212.500(2)(a), (2)(a) introductory paragrpah, 2(a)2. introductory 
paragraph, 2(a)2.a., (2)(a)2.e.4.,(4)(b), (4)(c),(4)(d)1., (4)(d)2.a.-
c., (4)(g), (5)(a), (5)(b)2.,4.-7.. 9.;17-296.200(13), (50), (198); 
17.500 introductory paragraph,(1); 17-296.570(3).
    (B) Revision to F.A.C. 17-296 which became effective on April 17, 
1994. 17-296.500(1)(b), (2)(a)(1), (2)(b)(1), (2)(c), (6); 17-296.570(1-
2), (4).
    (ii) Other material. (A) Letters of January 8, 1993 and April 25, 
1994, from the Florida Department of Environmental Protection.
    (89) The maintenance plan for Tampa, Florida, submitted by the 
Florida Department of Environmental Protection on February 7, 1995.
    (i) Incorporation by reference. Tampa Redesignation Request and 
Attainment/Maintenance Plan for the Tampa Bay Florida Ozone 
Nonattainment Area including Emissions Inventory Summary and Projections 
adopted on November 16, 1994.
    (ii) Other material. None.
    (90) Revisions to Chapter 62-210, Stationary Sources--General 
Requirements, submitted by the Florida Department of Environmental 
Protection on December 21, 1994 and April 24, 1995.
    (i) Incorporation by reference. (A) Revised Sections 62-210.300, 
``Permits Required'', except 62-210.300(2)(b)1., and 62-210.350, 
``Public Notice and Comment'', effective November 23, 1994. Revised 
Section 62-210.300(2)(b)1., effective April 18, 1995.
    (91) The State of Florida submitted revisions to the FDEP 
Administrative Code for the Air Pollution Control Program on August 18, 
1994. These revisions provide for the control of lead emissions from 
facilities in the State of Florida, and will replace the Federal 
Implementation Plan requirements codified in 40 CFR 52.535.
    (i) Incorporation by reference. Chapters 17-296.200 (97) and (163) 
introductory paragraph and (e), 17-296.600-605 effective on August 8, 
1994.
    (ii) Other material. None.
    (92) The Florida Department of Environmental Protection has 
submitted revisions to the Florida State Implementation Plan on August 
12, 1994. These revisions address including the Small Business 
Stationary Source Technical and Environmental Program in the Florida 
Administrative Code, Chapter 17-202.
    (i) Incorporation by reference. (A) Chapter 17-202, Small Business 
Stationary Source Technical and Environmental Compliance Assistance 
Program adopted on June 30, 1994.
    (ii) Additional material.None.
    (94) Revisions to the Florida SIP regarding perchloroethylene dry 
cleaning facilities submitted on April 24, 1995.
    (i) Incorporation by reference.
    Sections 62-210.200(17) and (48)(c); 62-210.300(2)(b) and (4); 62-
296.200(58); and 62-296.412 of the F.A.C., effective April 18, 1995.
    (ii) Other material. None.
    (95) The maintenance plan for Southeast Florida submitted by the 
Florida Department of Environmental Protection on November 15, 1995, as 
part of the Florida SIP.
    (i) Incorporation by reference. Revision of the Attainment/
Maintenance Plan for the Southeast Florida Ozone Nonattainment Area 
(Dade, Broward, and Palm Beach Counties) effective on November 15, 1995.
    (ii) Other material. None.
    (96) Nine variances to F.A.C. Chapter 62-252 were submitted by the 
Florida Department of Environmental Protection on April 8, 1996. The 
submittal granted variances from the regulations for vapor recovery for 
nine facilities.
    (i) Incorporation by reference. (A) Florida Department of 
Environmental Protection Order Granting Variance effective February 28, 
1996 for: FAC 508514770; FAC 508944721; FAC 
508630588; FAC 50863023; FAC 508514723; FAC 
508514722; FAC 508514484; FAC 508513991; FAC 
508841861.
    (ii) Other material. None.
    (97) General permit rules and exclusionary rules for the State of 
Florida Department of Environmental Protection submitted by the Florida 
Department of Environmental Protection as part of the Florida SIP.

[[Page 486]]

    (i) Incorporation by reference. (A) Florida Administrative Code 
Regulation 62-210.300(3)(c) and 62-210.300(4) of the Florida SIP as 
adopted by the Secretary of the Florida Department of Environmental 
Protection on July 26, 1996 and which became effective on August 15, 
1996.
    (ii) Other material. None.
    (98) Revisions to the Florida SIP to amend the gasoline tanker truck 
leak testing procedures, change the requirements to submit test results 
and update the gasoline tanker truck leak test form which were submitted 
on September 25, 1996.
    (i) Incorporation by reference. 62-252.500(3) and 62-252.900, 
effective September 10, 1996.
    (ii) Other material. None.
    (99) [Reserved]
    (100) Revisions to Chapter 62-204, Stationary Sources--General 
Requirements, of the Florida SIP submitted by the Department of 
Environmental Protection on November 22, 1994.
    (i) Incorporation by reference. Sections 62-204.100, 62-204.200, and 
62-204.400 of the Florida SIP, effective November 30, 1994.
    (ii) Other material. None.
    (101) Revisions to the Florida SIP adding SO2 permits to 
specify SO2 emission limits for three sources in Duvall 
County, Florida submitted on January 28, 1997.
    (i) Incorporation by reference. The following source specific 
SO2 permits of the Florida Department of Environmental 
Protection.
    SO2 Permits:
    (A) Permit AO16-169138 SCM Glidco Organics conditions 1 through 18.
    (B) Permit AO16-222421 Anheuser-Busch, Inc., conditions 1 through 
18.
    (C) Permit AO16-185805 The Celotex Corporation conditions 11 through 
16.
    (ii) Other material. None.

[37 FR 10858, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.536, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.540  Interstate pollutant transport provisions; What are the FIP 

requirements for decreases in emissions of nitrogen oxides?

    (a) The owner and operator of each source and each unit located in 
the State of Florida and Indian country within the borders of the State 
and for which requirements are set forth under the TR NOX 
Ozone Season Trading Program in subpart BBBBB of part 97 of this chapter 
must comply with such requirements. The obligation to comply with such 
requirements with regard to sources and units located in the State will 
be eliminated by the promulgation of an approval by the Administrator of 
a revision to Florida's State Implementation Plan (SIP) as correcting in 
part the SIP's deficiency that is the basis for the TR Federal 
Implementation Plan under Sec. 52.38(b), except to the extent the 
Administrator's approval is partial or conditional. The obligation to 
comply with such requirements with regard to sources and units located 
in Indian country within the borders of the State will not be eliminated 
by the promulgation of an approval by the Administrator of a revision to 
Florida's SIP.
    (b) Notwithstanding the provisions of paragraph (a) of this section, 
if, at the time of the approval of Florida's SIP revision described in 
paragraph (a) of this section, the Administrator has already started 
recording any allocations of TR NOX Ozone Season allowances 
under subpart BBBBB of part 97 of this chapter to units in the State for 
a control period in any year, the provisions of subpart BBBBB of part 97 
of this chapter authorizing the Administrator to complete the allocation 
and recordation of TR NOX Ozone Season allowances to units in 
the State for each such control period shall continue to apply, unless 
provided otherwise by such approval of the State's SIP revision.

[76 FR 48362, Aug. 8, 2011]

[[Page 487]]



                            Subpart L_Georgia



Sec. 52.569  [Reserved]



Sec. 52.570  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for Georgia 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 September 1, 2009, for Georgia 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 September 1, 2009, for Georgia 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) of 
this section.
    (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 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/cfr/
ibr-locations.html.
    (c) EPA approved regulations.

                                        EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                                              State
         State citation                 Title/subject       effective    EPA approval date       Explanation
                                                               date
----------------------------------------------------------------------------------------------------------------
391-3-1-.01.....................  Definitions.............    7/13/06  2/9/09, 75 FR 6309
                                 -------------------------------------------------------------------------------
391-3-1-.02.....................                                    Provisions
                                 -------------------------------------------------------------------------------
391-3-1-.02(1)..................  General Requirements....    3/20/79  9/18/79, 44 FR 54047
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)..................                                Emission Standards
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(a)...............  General Provisions......     6/8/08  6/11/09, 74 FR 27713  Except for
                                                                                              paragraph 391-3-1-
                                                                                              .02(2)(a)1.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(b)...............  Visible Emissions.......    1/17/79  9/18/79, 44 FR 54047
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(c)...............  Incinerators............    6/15/98  12/2/99, 64 FR 67491
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(d)...............  Fuel-burning Equipment..    7/20/05  2/9/09, 75 FR 6309
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(e)...............  Particulate Emission        1/17/79  9/18/79, 44 FR 54047
                                   from Manufacturing
                                   Processes.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(f)...............  Normal Superphosphate       1/17/79  9/18/79, 44 FR 54047
                                   Manufacturing
                                   Facilities.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(g)...............  Sulfur Dioxide..........    7/17/02  7/9/03, 68 FR 40789
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(h)...............  Portland Cement Plants..    1/17/79  9/18/79, 44 FR 54047
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(i)...............  Nitric Acid Plants......    1/17/79  9/18/79, 44 FR 54047
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(j)...............  Sulfuric Acid Plants....    1/17/79  9/18/79, 44 FR 54047
                                 -------------------------------------------------------------------------------

[[Page 488]]

 
391-3-1-.02(2)(k)...............  Particulate Emission        1/17/79  9/18/79, 44 FR 54047
                                   from Asphaltic Concrete
                                   Hot Mix Plants.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(l)...............  Conical Burners.........    1/17/79  9/18/79, 44 FR 54047
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(m)...............  Repealed................    6/30/75  10/3/75, 40 FR 45818
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(n)...............  Fugitive Dust...........    1/17/79  9/18/79, 44 FR 54047
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(o)...............  Cupola Furnaces for         1/27/72  5/31/72, 37 FR 10842
                                   Metallurgical Melting.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(p)...............  Particulate Emissions      12/16/75  8/20/76, 41 FR 35184
                                   from Kaolin and
                                   Fuller's Earth
                                   Processes.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(q)...............  Particulate Emissions       1/27/72  5/31/72, 37 FR 10842
                                   from Cotton Gins.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(r)...............  Particulate Emissions       1/27/72  5/31/72, 37 FR 10842
                                   from Granular and Mixed
                                   Fertilizer
                                   Manufacturing Units.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(t)...............  VOC Emissions from         12/20/94  2/2/96, 61 FR 3817
                                   Automobile and Light
                                   Duty Truck
                                   Manufacturing.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(u)...............  VOC Emissions from Can       1/9/91  10/13/92, 57 FR
                                   Coating.                             46780
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(v)...............  VOC Emissions from Coil      1/9/91  10/13/92, 57 FR
                                   Coating.                             46780
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(w)...............  VOC Emissions from Paper     1/9/91  10/13/92, 57 FR
                                   Coating.                             46780
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(x)...............  VOC Emissions from           1/9/91  10/13/92, 57 FR
                                   Fabric and Vinyl                     46780
                                   Coating.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(y)...............  VOC Emissions from Metal     1/9/91  10/13/92, 57 FR
                                   Furniture Coating.                   46780
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(z)...............  VOC Emissions from Large     1/9/91  10/13/92, 57 FR
                                   Appliance Surface                    46780
                                   Coating.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(aa)..............  VOC Emissions from Wire      1/9/91  10/13/92, 57 FR
                                   Coating.                             46780
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(bb)..............  Petroleum Liquid Storage     1/9/91  10/13/92, 57 FR
                                                                        46780
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(cc)..............  Bulk Gasoline Terminals.     1/9/91  10/13/92, 57 FR
                                                                        46780
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(dd)..............  Cutback Asphalt.........    1/17/79  9/18/79, 44 FR 54047
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(ee)..............  Petroleum Refinery......     1/9/91  10/13/92, 57 FR
                                                                        46780
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(ff)..............  Solvent Metal Cleaning..    5/29/96  4/26/99, 64 FR 20186
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(gg)..............  Kraft Pulp Mills........     6/3/88  9/30/88, 53 FR 38290
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(hh)..............  Petroleum Refinery          6/24/94  2/2/96, 61 FR 3817
                                   Equipment Leaks.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(ii)..............  VOC Emissions from          10/7/99  7/10/01, 66 FR 35906
                                   Surface Coating of
                                   Miscellaneous Metal
                                   Parts and Products.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(jj)..............  VOC Emissions from           4/3/91  10/13/92, 57 FR
                                   Surface Coating of Flat              46780
                                   Wood Paneling.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(kk)..............  VOC Emissions from         12/18/80  11/24/81, 46 FR
                                   Synthesized                          57486
                                   Pharmaceutical
                                   Manufacturing.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(ll)..............  VOC Emissions from the     12/18/80  11/24/81, 46 FR
                                   Manufacture of                       57486
                                   Pneumatic Rubber Tires.
                                 -------------------------------------------------------------------------------

[[Page 489]]

 
391-3-1-.02(2)(mm)..............  VOC Emissions from           4/3/91  10/13/92, 57 FR
                                   Graphic Arts Systems.                46780
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(nn)..............  VOC Emissions from         12/18/80  11/24/81, 46 FR
                                   External Floating Roof               57486
                                   Tanks.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(oo)..............  Fiberglass Insulation      12/18/80  11/24/81, 46 FR
                                   Manufacturing Plants.                57486
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(pp)..............  Bulk Gasoline Plants....     1/8/05  8/26/05 70 FR 50199
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(qq)..............  VOC Emissions from Large     4/3/91  10/13/92, 57 FR
                                   Petroleum Dry Cleaners.              46780
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(rr)..............  Gasoline Dispensing          1/8/05  8/26/05, 70 FR 50199
                                   Facility--Stage I.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(ss)..............  Gasoline Transport           1/8/05  8/26/05, 70 FR 50199
                                   Vehicles and Vapor
                                   Collection Systems.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(tt)..............  VOC Emissions from Major     1/9/05  2/9/09, 75 FR 6309
                                   Sources.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(uu)..............  Visibility Protection...   10/31/85  1/28/86, 51 FR 3466
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(vv)..............  Volatile Organic Liquid     2/16/00  7/10/01, 66 FR 35906
                                   Handling and Storage.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(ww)..............  Perchloroethylene Dry      11/15/94  6/27/96, 61 FR 33372  Repealed.
                                   Cleaners.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(yy)..............  Emissions of Nitrogen        1/9/05  2/9/09, 75 FR 6309
                                   Oxides from Major
                                   Sources.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(zz)..............  Gasoline Dispensing          1/9/05  12/1/10, 75 FR 74624  Exemption for
                                   Facility--Stage II.                                        initial fueling of
                                                                                              vehicles equipped
                                                                                              with ORVR from
                                                                                              Stage II
                                                                                              requirements;
                                                                                              allowing mixing of
                                                                                              Stage II
                                                                                              components when
                                                                                              supported by third
                                                                                              party
                                                                                              certification and
                                                                                              prior written
                                                                                              approval of GA
                                                                                              EPD.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(aaa).............  Consumer and Commercial    10/27/93  4/26/99, 64 FR 20186
                                   Products.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(bbb).............  Gasoline Marketing......    6/24/03  6/17/04, 69 FR 33864
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(ccc).............  VOC Emissions from Bulk     2/16/00  7/10/01, 66 FR 35906
                                   Mixing Tanks.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(ddd).............  VOC Emissions from          2/16/00  7/10/01, 66 FR 35906
                                   Offset Lithography.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(eee).............  VOC Emissions from          2/16/00  7/10/01, 66 FR 35906
                                   Expanded Polystyrene
                                   Products Manufacturing.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(fff).............  Particulate Matter          6/15/98  12/2/99, 64 FR 67491
                                   Emissions from Yarn
                                   Spinning Operations.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(hhh).............  Wood Furniture Finishing    2/16/00  7/10/01, 66 FR 35906
                                   and Cleaning Operations.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(jjj).............  NOX Emissions from          7/17/02  7/9/03, 68 FR 40789
                                   Electric Utility Steam
                                   Generating Units.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(kkk).............  VOC Emissions from          2/16/00  7/10/01, 66 FR 35906
                                   Aerospace Manufacturing
                                   and Rework Facilities.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(lll).............  NOX Emissions from Fuel-    2/16/00  7/10/01, 66 FR 35906
                                   burning Equipment.
                                 -------------------------------------------------------------------------------

[[Page 490]]

 
391-3-1-.02(2)(mmm).............  NOX Emissions from          2/16/00  7/10/01, 66 FR 35906
                                   Stationary Gas Turbines
                                   and Stationary Engines
                                   used to Generate
                                   Electricity.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(nnn).............  NOX Emissions from Large    2/16/00  7/10/01, 66 FR 35906
                                   Stationary Gas Turbines.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(ooo).............  Heavy-Duty Diesel Engine   12/28/01  7/11/02, 67 FR 45909
                                   Requirements.
                                 -------------------------------------------------------------------------------
391-3-1-.02(2)(rrr).............  NOX Emissions from Small    3/27/06  8/26/10, 75 FR 52471
                                   Fuel-Burning Equipment.
                                 -------------------------------------------------------------------------------
391-3-1-.02(3)..................  Sampling................    6/15/98  12/2/99, 64 FR 67491
                                 -------------------------------------------------------------------------------
391-3-1-.02(4)..................  Ambient Air Standards...     1/9/05  2/9/09, 75 FR 6309
                                 -------------------------------------------------------------------------------
391-3-1-.02(5)..................  Open Burning............    7/13/06  2/9/09, 75 FR 6309
                                 -------------------------------------------------------------------------------
391-3-1-.02(6)..................  Source Monitoring.......   12/28/00  7/11/02, 67 FR 45909
                                 -------------------------------------------------------------------------------
391-3-1-.02(7)..................  Prevention of                12/29/  9/8/2011, 76 FR       Georgia's PSD Rule
                                   Significant                   2010   55572                 391-3-1-.02(7)
                                   Deterioration of Air                                       incorporates by
                                   Quality (PSD).                                             reference the
                                                                                              regulations found
                                                                                              at 40 CFR 52.21 as
                                                                                              of June 3, 2010,
                                                                                              with changes. This
                                                                                              EPA action is
                                                                                              approving the
                                                                                              incorporation by
                                                                                              reference with the
                                                                                              exception of the
                                                                                              following
                                                                                              provisions: (1)
                                                                                              the provisions
                                                                                              amended in the
                                                                                              Ethanol Rule (72
                                                                                              FR 24060) which
                                                                                              exclude facilities
                                                                                              that produce
                                                                                              ethanol through a
                                                                                              natural
                                                                                              fermentation
                                                                                              process from the
                                                                                              definition of
                                                                                              ``chemical process
                                                                                              plants'' in the
                                                                                              major NSR source
                                                                                              permitting program
                                                                                              found at 40 CFR
                                                                                              52.21(b)(1)(i)(a)
                                                                                              and (b)(1(iii)(t);
                                                                                              and 2) the
                                                                                              administrative
                                                                                              regulations
                                                                                              amended in the
                                                                                              Fugitive Emissions
                                                                                              Rule (73 FR
                                                                                              77882).
                                                                                              Additionally, this
                                                                                              EPA action is not
                                                                                              approving the
                                                                                              ``automatic
                                                                                              rescission
                                                                                              clause'' provision
                                                                                              at 391-3-1-
                                                                                              .02(7)(a)2.(iv).
                                                                                             This rule contains
                                                                                              NOX as a precursor
                                                                                              to ozone for PSD
                                                                                              and NSR.
                                 -------------------------------------------------------------------------------
391-3-1.02(11)..................  Compliance Assurance        6/15/98  12/2/99, 64 FR 67491
                                   Monitoring.
                                 -------------------------------------------------------------------------------

[[Page 491]]

 
391-3-1-.02(12).................  Clean Air Interstate        2/28/07  10/9/07, 72 FR 57202
                                   Rule NOX Annual Trading
                                   Program.
                                 -------------------------------------------------------------------------------
391-3-1-.02(13).................  Clean Air Interstate        2/28/07  10/9/07, 72 FR 57202
                                   Rule SO2 Annual Trading
                                   Program.
                                 -------------------------------------------------------------------------------
391-3-1-.03.....................  Permits.................  7/25/2007  11/22/2010, 75 FR     Changes
                                                                        71018                 specifically to
                                                                                              (8)--Permit
                                                                                              Requirements.
                                 -------------------------------------------------------------------------------
391-3-1-.04.....................  Air Pollution Episodes..   11/20/75  8/20/76, 41 FR 35184
                                 -------------------------------------------------------------------------------
391-3-1-.07.....................  Inspections and            11/20/75  8/20/76, 41 FR 35184
                                   Investigations.
                                 -------------------------------------------------------------------------------
391-3-1-.08.....................  Confidentiality of         11/20/75  8/20/76, 41 FR 35184
                                   information.
                                 -------------------------------------------------------------------------------
391-3-1-.09.....................  Enforcement.............   11/22/92  2/2/96, 61 FR 3819
                                 -------------------------------------------------------------------------------
391-3-1-.10.....................  Continuance of Prior       11/22/92  2/2/96, 61 FR 3819
                                   Rules.
                                 -------------------------------------------------------------------------------
391-3-20........................  Enhanced Inspection and    12/28/08  4/17/09, 74 FR 17783
                                   Maintenance.
                                 -------------------------------------------------------------------------------
391-3-22........................  Clean Fueled Fleets.....    6/15/98  12/2/99, 64 FR 67491  ...................
----------------------------------------------------------------------------------------------------------------

    (d) EPA-Approved State Source specific requirements.

                                EPA-Approved Georgia Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                                State
           Name of source                   Permit No.        effective     EPA approval date        Comments
                                                                 date
----------------------------------------------------------------------------------------------------------------
Georgia Power Plant Bowen..........  EPD-AQC-180............   11/17/80  8/17/81, 46 FR 41498..
Georgia Power Plant Harllee Branch.  4911-117-6716-0........    4/23/80  5/5/81, 46 FR 25092...
ITT Rayonier, Inc..................  2631-151-7686-C........    11/4/80  8/14/81, 46 FR 41050..
Georgia Power Plant Bowen..........  EPD-AQC-163............    5/16/79  1/3/80, 45 FR 781.....
Union Camp.........................  2631-025-7379-0........   12/18/81  4/13/82, 47 FR 15794..
Blue Bird Body Company.............  3713-111-8601..........    1/27/84  1/7/85, 50 FR 765.....
Plant McDonough....................  4911-033-5037-0           12/27/95  3/18/99, 64 FR 13348..
                                      conditions 10 through
                                      22.
Plant Yates........................  4911-038-4838-0           12/27/95  3/18/99, 64 FR 13348..
                                      conditions 19 through
                                      32.
Plant Yates........................  4911-038-4839-0           12/27/95  3/18/99, 64 FR 13348..
                                      conditions 16 through
                                      29.
Plant Yates........................  4911-038-4840-0           12/27/95  3/18/99, 64 FR 13348..
                                      conditions 16 through
                                      29.
Plant Yates........................  4911-038-4841-0           12/27/95  3/18/99, 64 FR 13348..
                                      conditions 16 through
                                      29.
Plant Atkinson.....................  4911-033-1321-0           11/15/94  3/18/99, 64 FR 13348..
                                      conditions 8 through
                                      13.
Plant Atkinson.....................  4911-033-1322-0           11/15/94  3/18/99, 64 FR 13348..
                                      conditions 8 through
                                      13.
Plant Atkinson.....................  4911-033-6949             11/15/94  3/18/99, 64 FR 13348..
                                      conditions 5 through
                                      10.
Plant Atkinson.....................  4911-033-1320-0           11/15/94  3/18/99, 64 FR 13348..
                                      conditions 8 through
                                      13.
Plant Atkinson.....................  4911-033-1319-0           11/15/94  3/18/99, 64 FR 13348..
                                      conditions 8 through
                                      13.
Plant McDonough....................  4911-033-6951             11/15/94  3/18/99, 64 FR 13348..
                                      conditions 5 through
                                      10.
Atlanta Gas Light Company..........  4922-028-10902            11/15/94  3/18/99, 64 FR 13348..
                                      conditions 20 and 21.
Atlanta Gas Light Company..........  4922-031-10912            11/15/94  3/18/99, 64 FR 13348..
                                      conditions 27 and 28.
Austell Box Board Corporation......  2631-033-11436            11/15/94  3/18/99, 64 FR 13348..
                                      conditions 1 through 5.
Emory University...................  8922-044-10094            11/15/94  3/18/99, 64 FR 13348..
                                      conditions 19 through
                                      26.
General Motors Corporation.........  3711-044-11453            11/15/94  3/18/99, 64 FR 13348..
                                      conditions 1 through 6
                                      and Attachment A.
Georgia Proteins Company...........  2077-058-11226            11/15/94  3/18/99, 64 FR 13348..
                                      conditions 16 through
                                      23 and Attachment A.
Owens-Brockway Glass Container, Inc  3221-060-10576            11/15/94  3/18/99, 64 FR 13348..
                                      conditions 26 through
                                      28 and Attachment A.
Owens-Corning Fiberglass             3296-060-10079            11/15/94  3/18/99, 64 FR 13348..
 Corporation.                         conditions 25 through
                                      29.
----------------------------------------------------------------------------------------------------------------

    (e) EPA-Approved Georgia non-regulatory provisions.

[[Page 492]]



----------------------------------------------------------------------------------------------------------------
                                         Applicable geographic or    State submittal
  Name of nonregulatory SIP provision       nonattainment area     date/effective date      EPA approval date
----------------------------------------------------------------------------------------------------------------
1. High Occupancy Vehicle (HOV) lane    Atlanta Metropolitan Area  11/15/93 and         3/18/99, 4/26/99 and 11/
 on I-85 from Chamblee-Tucker Road to                               amended on 6/17/96   5/09.
 State Road 316. High Occupancy Toll                                and 2/5/10
 (HOT) lane on I-85 from Chamblee-
 Tucker Road to State Road 316.
2. Clean Fuel Vehicles Revolving Loan   Atlanta Metropolitan Area  6/17/96              4/26/99.
 Program.
3. Regional Commute Options Program     Atlanta Metropolitan Area  6/17/96              4/26/99.
 and HOV Marketing Program.
4. HOV lanes on I-75 and I-85.........  Atlanta Metropolitan Area  6/17/96              4/26/99.
5. Two Park and Ride Lots: Rockdale     Atlanta Metropolitan Area  6/17/96              4/26/99.
 County-Sigman at I-20 and Douglas
 County-Chapel Hill at I-20.
6. MARTA Express Bus routes (15 buses)  Atlanta Metropolitan Area  6/17/96              4/26/99.
7. Signal preemption for MARTA routes   Atlanta Metropolitan Area  6/17/96              4/26/99.
 15 and 23.
8. Improve and expand service on        Atlanta Metropolitan Area  6/17/96              4/26/99.
 MARTA's existing routes in southeast
 DeKalb County.
9. Acquisition of clean fuel buses for  Atlanta Metropolitan Area  6/17/96              4/26/99.
 MARTA and Cobb County Transit.
10. ATMS/Incident Management Program    Atlanta Metropolitan Area  6/17/96              4/26/99.
 on I-75/I-85 inside I-285 and
 northern ARC of I-285 between I-75
 and I-85.
11. Upgrading, coordination and         Atlanta Metropolitan Area  6/17/96              4/26/99.
 computerizing intersections.
12. Georgia Interagency Transportation  Atlanta Metropolitan Area  2/16/99              11/26/02.
 Conformity Memorandum of Agreement,
 except for the following sections:
 Section 103(4)(d); Section 105(e);
 Section 106(c); Section
 110(c)(1)(ii); Section 110(c)(2)(ii);
 Section 110(d)(2)(i); Section
 110(d)(3)(i); Section 110(e)(2)(i);
 Section 110(e)(3)(i); Section
 119(e)(1); Section 119b(a)(2);
 Section 130(1); and Section 133.
13. Atlantic Steel Transportation       Atlanta Metropolitan Area  3/29/00              8/28/00.
 Control Measure.
14. Procedures for Testing and          Atlanta Metropolitan Area  7/31/00              7/10/01.
 Monitoring Sources of Air Pollutants.
15. Enhanced Inspection/Maintenance     Atlanta Metropolitan Area  9/20/00              7/10/01.
 Test Equipment, Procedures and
 Specifications.
16. Preemption Waiver Request for Low-  Atlanta Metropolitan Area  5/31/00              2/22/02.
 RVP, Low-Sulfur Gasoline Under Air
 Quality Control Rule 391-3-1-
 .02(2)(bbb).
17. Technical Amendment to the Georgia  Atlanta Metropolitan Area  11/9/01              2/22/02.
 Fuel Waiver Request of May 31, 2000.
18. Georgia's State Implementation      Atlanta Metropolitan Area  7/17/01              5/7/02.
 Plan for the Atlanta Ozone
 Nonattainment Area.
19. Post-1999 Rate of Progress Plan...  Atlanta Metropolitan Area  12/24/03             7/19/04, 69 FR 42884.
20. Severe Area Vehicle Miles Traveled  Atlanta 1-hour ozone       6/30/04              6/14/05, 70 FR 34358.
 (VMT SIP) for the Atlanta 1-hour        severe nonattainment
 severe ozone nonattainment area.        area.
21. Atlanta 1-hour ozone attainment     Atlanta severe 1-hour      2/1/05               6/14/05, 70 FR 34660.
 area 2015 maintenance plan.             ozone maintenance area.
22. Attainment Demonstration for the    Walker and Catoosa         12/31/04             8/26/05, 70 FR 50199.
 Chattanooga Early Action Area.          Counties.
23. Attainment Demonstration for the    Columbia and Richmond      12/31/04             8/26/05, 70 FR 50195.
 Lower Savannah-Augusta Early Action     Counties.
 Compact Area.
24. Alternative Fuel Refueling Station/ Douglas County, GA.......  9/19/06              11/28/06, 71 FR 68743.
 Park and Ride Transportation Center,
 Project DO-AR-211 is removed.
25. Macon 8-hour Ozone Maintenance      Macon, GA encompassing a   6/15/07              9/19/07, 72 FR 53432.
 Plan.                                   portion of Monroe County.
26. Murray County 8-hour Ozone          Murray County............  6/15/07              10/16/07, 72 FR 58538.
 Maintenance Plan.
27. Atlanta Early Progress Plan.......  Barrow, Bartow, Carroll,   1/12/07              2/20/08, 73 FR 9206.
                                         Cherokee, Clayton, Cobb,
                                         Coweta, DeKalb, Douglas,
                                         Fayette, Forsyth,
                                         Fulton, Gwinnett, Hall,
                                         Henry, Newton, Paulding,
                                         Rockdale, Spalding and
                                         Walton counties.
28. Rome; 1997 Fine Particulate Matter  Floyd County.............  10/27/2009           1/12/12, 77 FR 1873.
 2002 Base Year Emissions Inventory.

[[Page 493]]

 
29. Chattanooga; Fine Particulate       Catoosa and Walker         10/27/09             2/8/12; 77 FR 6467.
 Matter 2002 Base Year Emissions         Counties.
 Inventory.
30. 110(a)(1) and (2) Infrastructure    Georgia..................  10/13/2007           2/6/2012, 77 FR 5706.
 Requirements for the 1997 8-Hour
 Ozone National Ambient Air Quality
 Standards.
31. Atlanta 1997 Fine Particulate       Barrow, Bartow, Carroll,   07/06/2010           3/1/2012, 77 FR 12487.
 Matter 2002 Base Year Emissions         Cherokee, Clayton, Cobb,
 Inventory.                              Coweta, DeKalb, Douglas,
                                         Fayette, Forsyth,
                                         Fulton, Gwinnett, Hall,
                                         Henry, Newton, Paulding,
                                         Rockdale, Spalding and
                                         Walton Counties in their
                                         entireties and portions
                                         of Heard and Putnam
                                         Counties.
32. Macon 1997 Fine Particulate Matter  Bibb County and Monroe     8/17/2009            3/02/12, 77 FR 12724.
 2002 Base Year Emissions Inventory.     County.
33. Atlanta 1997 8-Hour Ozone 2002      Barrow, Bartow, Carroll,   10/21/2009           4/24/2012, 77 FR 24399.
 Base-Year Emissions Inventory.          Cherokee, Clayton, Cobb,
                                         Coweta, DeKalb, Douglas,
                                         Fayette, Forsyth,
                                         Fulton, Gwinnett, Hall,
                                         Henry, Newton, Paulding,
                                         Rockdale, Spalding and
                                         Walton Counties in their
                                         entireties.
----------------------------------------------------------------------------------------------------------------


[64 FR 27701, May 21, 1999]

    Editorial Note:  For Federal Register citations affecting Sec. 
52.570, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Notes: 1. At 77 FR 35869, June 15, 2012, Sec. 52.570 
was amended in paragraph (c) by adding a new entry in numerical order 
for ``391-3-1-.15''; and in paragraph (e) by removing and reserving 
entry 12, effective Aug. 14, 2012. For the convenience of the user, the 
added and revised text is set forth as follows:



Sec. 52.570  Identification of plan.

                                * * * * *

    (c) * * *

                                        EPA-Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                                    State effective
      State citation            Title/subject            date          EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
391-3-1-.15...............  Georgia                         10/6/10  6/15/2012, 77 FR      .....................
                             Transportation                           35866.
                             Conformity and
                             Consultation
                             Interagency Rule.
----------------------------------------------------------------------------------------------------------------

                                * * * * *

    (e) * * *

[[Page 494]]



                                 EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                      Applicable geographic or   State submittal date/
 Name of nonregulatory SIP Provision     nonattainment area          effective date         EPA approval date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
12. [Reserved]                        ........................  .......................  .......................
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    2. At 77 FR 38509, June 28, 2012, Sec. 52.570(e) was amended by 
adding entries 34. and 35. in numerical order, effective July 30, 2012. 
For the convenience of the user, the added text is set forth as follows:



Sec. 52.570  Identification of plan.

                                * * * * *

    (e) * * *

                                 EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                                              State submittal
Name of nonregulatory SIP provision   Applicable geographic    date/effective           EPA approval date
                                      or nonattainment area         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
34. Regional Haze Plan.............  Statewide.............            2/11/10  6/28/12, 77 FR 38501
35. Regional Haze Plan Supplement    Statewide.............           11/19/10  6/28/12, 77 FR 38501
 (including BART and Reasonable
 Progress emissions limits).
----------------------------------------------------------------------------------------------------------------



Sec. 52.571  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Augusta (Georgia)-Aiken (South Carolina) Interstate..           I         II       III       III           III
Metropolitan Atlanta Intrastate......................           I          I       III       III           III
Chattanooga Interstate...............................           I         II       III       III           III
Columbus (Georgia)-Phenix City (Alabama) Interstate..           I        III       III       III           III
Central Georgia Intrastate...........................           I          I       III       III           III
Jacksonville (Florida)-Brunswick (Georgia) Interstate           I         II       III       III             I
Northeast Georgia Intrastate.........................          II        III       III       III           III
Savannah (Georgia)-Beaufort (South Carolina)                    I          I       III       III           III
 Interstate..........................................
Southwest Georgia Intrastate.........................          II         II       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10859, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]



Sec. 52.572  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Georgia's plans for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds the plans satisfy all requirements of Part D, 
Title I, of the Clean Air Act as amended in 1977.

[76 FR 55577, Sept. 8, 2011]



Sec. 52.573  Control strategy: General.

    The generic rules and procedures for emission trades (bubbles), 
submitted on October 27, 1982, by the Georgia Department of Natural 
Resources, are disapproved because they do not meet the requirements of 
the Clean Air Act.

[49 FR 44464, Nov. 7, 1984]

[[Page 495]]



Sec. Sec. 52.574-52.575  [Reserved]



Sec. 52.576  Compliance schedules.

    (a) [Reserved]
    (b) The extended compliance schedule for the General Motors Lakewood 
Assembly Plant submitted on July 30, 1982, is disapproved because the 
State has failed to show that the schedule would not interfere with the 
attainment of the ozone standard in the Atlanta nonattainment area.

[40 FR 3413, Jan. 22, 1975, as amended at 40 FR 18432, Apr. 28, 1975; 40 
FR 42352, Sept. 12, 1975; 51 FR 3778, Jan. 30, 1986; 51 FR 40675, 40676, 
Nov. 7, 1986; 54 FR 25258, June 14, 1989]



Sec. 52.577  Determination of attainment.

    (a) Based upon EPA's review of the air quality data for the 3-year 
period 2007-2009, EPA determined that the Chattanooga, Alabama-Georgia-
Tennessee PM2.5 nonattainment area attained the 1997 annual 
PM2.5 NAAQS by the applicable attainment date of April 5, 
2010. Therefore, EPA has met the requirement pursuant to CAA section 
179(c) to determine, based on the Area's air quality as of the 
attainment date, whether the Area attained the standard. EPA also 
determined that the Chattanooga, Alabama-Georgia-Tennessee 
PM2.5 nonattainment area is not subject to the consequences 
of failing to attain pursuant to section 179(d).
    (b) Based upon EPA's review of the air quality data for the 3-year 
period 2007-2009, EPA determined that the Macon, Georgia 
PM2.5 nonattainment Area attained the 1997 annual 
PM2.5 NAAQS by the applicable attainment date of April 5, 
2010. Therefore, EPA has met the requirement pursuant to CAA section 
179(c) to determine, based on the Area's air quality as of the 
attainment date, whether the Area attained the standard. EPA also 
determined that the Macon, Georgia PM2.5 nonattainment Area 
is not subject to the consequences of failing to attain pursuant to 
section 179(d).
    (c) Based upon EPA's review of the air quality data for the 3-year 
period 2007-2009, EPA determined that the Rome, Georgia PM2.5 
nonattainment area attained the 1997 annual PM2.5 NAAQS by 
the applicable attainment date of April 5, 2010. Therefore, EPA has met 
the requirement pursuant to CAA section 179(c) to determine, based on 
the Area's air quality as of the attainment date, whether the Area 
attained the standard. EPA also determined that the Rome, Georgia 
PM2.5 nonattainment area is not subject to the consequences 
of failing to attain pursuant to section 179(d).
    (d) Based upon EPA's review of the air quality data for the 3-year 
period 2008-2010, EPA determined that the Atlanta, Georgia, 1997 8-hour 
ozone nonattainment Area attained the 1997 8-hour ozone NAAQS by the 
applicable attainment date of June 15, 2011. Therefore, EPA has met the 
requirement pursuant to CAA section 181(b)(2) to determine, based on the 
Area's air quality as of the attainment date, whether the Area attained 
the standard. EPA also determined that the Atlanta, Georgia, 1997 8-hour 
ozone nonattainment Area is not subject to the consequences of failing 
to attain pursuant to section 181(b)(2).

[76 FR 55575, Sept. 8, 2011, as amended at 76 FR 55577, Sept. 8, 2011; 
77 FR 13492, Mar. 7, 2012]



Sec. 52.578  Control Strategy: Sulfur oxides and particulate matter.

    In a letter dated March 26, 1987, the Georgia Department of Natural 
Resources certified that no emission limits in the State's plan are 
based on dispersion techniques not permitted by EPA's stack height 
rules. This certification does not apply to Georgia Power plants; 
Hammond (Coosa), McDonough (Smyrna), Arkwright (Macon), Branch 
(Milledgeville), Wansley (Roopville), Scherer (Juliette), and Yates 
(Newnan), Savannah Electric Plants McIntosh (Rincon) and Port Wentworth 
(Port Wentworth); Inland (Rome); Buckeye Cellulose (Oglethorpe); Georgia 
Kraft (Macon), Union Camp (Savannah); and Stone Container (Savannah).
    (a) Determination of Attaining Data. EPA has determined, as of April 
5, 2011, the Rome, Georgia, nonattainment area has attaining data for 
the 1997 annual PM2.5 NAAQS. This determination, in 
accordance with 40 CFR 52.1004(c), suspends the requirements for this 
area to submit an attainment demonstration, associated reasonably 
available control measures, a reasonable further progress plan, 
contingency

[[Page 496]]

measures, and other planning SIPs related to attainment of the standard 
for as long as this area continues to meet the 1997 annual 
PM2.5 NAAQS.
    (b) Determination of Attaining Data. EPA has determined, as of May 
31, 2011, the Chattanooga, Tennessee, nonattainment area has attaining 
data for the 1997 annual PM2.5 NAAQS. This determination, in 
accordance with 40 CFR 52.1004(c), suspends the requirements for this 
area to submit an attainment demonstration, 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 this area continues to meet the 1997 annual 
PM2.5 NAAQS.
    (c) Determination of Attaining Data. EPA has determined, as of June 
2, 2011, the Macon, Georgia, nonattainment area has attaining data for 
the 1997 annual PM2.5 NAAQS. This determination, in 
accordance with 40 CFR 52.1004(c), suspends the requirements for this 
area to submit an attainment demonstration, 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 this area continues to meet the 1997 annual 
PM2.5 NAAQS.
    (d) Disapproval. EPA is disapproving portions of Georgia's 
Infrastructure SIP for the 2006 24-hour PM2.5 NAAQS 
addressing interstate transport, specifically with respect to section 
110(a)(2)(D)(i)(I).
    (e) Determination of Attaining Data. EPA has determined, as of April 
5, 2011, the Atlanta, Georgia, nonattainment area has attaining data for 
the 1997 annual PM2.5 NAAQS. This determination, in 
accordance with 40 CFR 51.1004(c), suspends the requirements for this 
area to submit an attainment demonstration, 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 this area continues to meet the 1997 annual 
PM2.5 NAAQS.

[54 FR 40002, Sept. 29, 1989, as amended at 76 FR 18651, Apr. 5, 2011; 
76 FR 31241, May 31, 2011; 76 FR 31859, June 2, 2011; 76 FR 43167, July 
20, 2011; 76 FR 76622, Dec. 8, 2011]



Sec. 52.579  Economic feasibility considerations.

    Section 88-906(h), (i), (k), (o) and (q) of the Georgia Code is 
disapproved, since consideration of economic feasibility could, in some 
cases, conflict, with the requirements of the Act that primary standards 
be attained as expeditiously as practicable, but in no case later than 
July 1975.

[39 FR 34536, Sept. 26, 1974]



Sec. 52.580  Visibility protection.

    (a) Regional Haze. The requirements of section 169A of the Clean Air 
Act are not met because the regional haze plan submitted by Georgia on 
February 11, 2010, and supplemented on November 19, 2010, does not 
include fully approvable measures for meeting the requirements of 40 CFR 
51.308(d)(3) and 51.308(e) with respect to emissions of NOX 
and SO2 from electric generating units. EPA has given limited 
disapproval to the plan provisions addressing these requirements.
    (b) Measures Addressing Limited Disapproval Associated with NOX. The 
deficiencies associated with NOX identified in EPA's limited 
disapproval of the regional haze plan submitted by Georgia on February 
11, 2010, and supplemented on November 19, 2010, are satisfied by Sec. 
52.584.
    (c) Measures Addressing Limited Disapproval Associated with SO2. The 
deficiencies associated with SO2 identified in EPA's limited 
disapproval of the regional haze plan submitted by Georgia on February 
11, 2010, and supplemented on November 19, 2010, are satisfied by Sec. 
52.585.

    Effective Date Note: At 77 FR 33656, June 7, 2012, Sec. 52.580 was 
added, effective August 6, 2012.



Sec. 52.581  Significant deterioration of air quality.

    (a) All applications and other information required pursuant to 
Sec. 52.21 of this part from sources located in the

[[Page 497]]

State of Georgia shall be submitted to the State agency, Georgia 
Department of Natural Resources, Environmental Protection Division, Air 
Protection Branch, 4244 International Parkway, Suite 120, Atlanta, 
Georgia 30354 rather than to EPA's Region 4 office.
    (b) [Reserved]

[77 FR 23398, Apr. 19, 2012]



Sec. 52.582  Control strategy: Ozone.

    (a) Approval--The Administrator approves the incorporation of the 
photochemical assessment ambient monitoring system submitted by Georgia 
on November 8, 1993, into the Georgia State Implementation Plan. This 
submittal satisfies 40 CFR 58.20(f) which requires the State to provide 
for the establishment and maintenance of photochemical assessment 
monitoring stations (PAMS).
    (b) On August 29, 1997, Harold F. Reheis, Director, Georgia 
Department of Natural Resources submitted to John Hankinson, Regional 
Administrator, United States Environmental Protection Agency Region IV, 
a State Implementation Plan revision including the following 
transportation control measures.
    (1) HOV Lane--This project referred to as AR 073B is the addition of 
HOV lanes on I-85 from Chamblee-Tucker Road to State Route 316.
    (2) Ridershare Program--This project is referred to as AR-220 and is 
a lump sum eligible to all colleges and universities with the 10 county 
ARC region.
    (3) Transportation Management Associations--Referred to as project 
AR 221 is to set up a ``pot'' of funds set aside specially to assist in 
the development of transportation management associations and start-up 
ridershare services in the areas that are considered to be highly 
congested throughout the Region.
    (4) MARTA Transit Incentives Program--This project is referred to as 
AR-231.
    (5) Alternative Fuel Refueling Station/Park and Ride Transportation 
Center--This project is referred to as DO-AR-211.
    (c) EPA is giving final interim approval to the Georgia Inspection 
and Maintenance (I/M) Program submitted on March 27, 1996, with 
supplemental information submitted on January 31, 1997, until November 
11, 1999.
    (d) Determination of attaining data. EPA has determined, as of June 
23, 2011, the Atlanta, Georgia nonattainment area has attaining data for 
the 1997 8-hour ozone NAAQS. This determination, in accordance with 40 
CFR 51.918, suspends the requirements for this area to submit an 
attainment demonstration, 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 
this area continues to meet the 1997 8-hour ozone NAAQS.

[59 FR 46178, Sept. 7, 1994, as amended at 63 FR 23390, Apr. 29, 1998; 
63 FR 34302, June 24, 1998; 64 FR 4570, Jan. 29, 1999; 76 FR 36875, June 
23, 2011]



Sec. 52.583  Additional rules and regulations.

    Section 391-3-1-.02(2)(e), Particulate Emissions from Manufacturing 
Processes, is hereby approved only to the extent that it provides for 
the establishment, as permit conditions, of emission limits more 
stringent than those otherwise applicable under the currently approved 
Georgia regulations. Any application of this regulation which would 
result in permit provisions less stringent than those otherwise required 
by the State's regulations must be formally submitted to EPA for prior 
approval as a plan revision pursuant to section 110(a) of the Clean Air 
Act.

[41 FR 35185, Aug. 20, 1976]



Sec. 52.584  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 and each unit located 
in the State of Georgia and for which requirements are set forth under 
the TR NOX Annual Trading Program in subpart AAAAA of part 97 
of this chapter must comply with such requirements. The obligation to 
comply with such requirements will be eliminated by the promulgation of 
an approval by the Administrator of a revision to Georgia's State 
Implementation Plan (SIP) as correcting the SIP's deficiency that is

[[Page 498]]

the basis for the TR Federal Implementation Plan under Sec. 52.38(a), 
except to the extent the Administrator's approval is partial or 
conditional.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this 
section, if, at the time of the approval of Georgia's SIP revision 
described in paragraph (a)(1) of this section, the Administrator has 
already started recording any allocations of TR NOX Annual 
allowances under subpart AAAAA of part 97 of this chapter to units in 
the State for a control period in any year, the provisions of subpart 
AAAAA of part 97 of this chapter authorizing the Administrator to 
complete the allocation and recordation of TR NOX Annual 
allowances to units in the State for each such control period shall 
continue to apply, unless provided otherwise by such approval of the 
State's SIP revision.
    (b)(1) The owner and operator of each source and each unit located 
in the State of Georgia and for which requirements are set forth under 
the TR NOX Ozone Season Trading Program in subpart BBBBB of 
part 97 of this chapter must comply with such requirements. The 
obligation to comply with such requirements will be eliminated by the 
promulgation of an approval by the Administrator of a revision to 
Georgia's State Implementation Plan (SIP) as correcting the SIP's 
deficiency that is the basis for the TR Federal Implementation Plan 
under Sec. 52.38(b), except to the extent the Administrator's approval 
is partial or conditional.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this 
section, if, at the time of the approval of Georgia's SIP revision 
described in paragraph (b)(1) of this section, the Administrator has 
already started recording any allocations of TR NOX Ozone 
Season allowances under subpart BBBBB of part 97 of this chapter to 
units in the State for a control period in any year, the provisions of 
subpart BBBBB of part 97 of this chapter authorizing the Administrator 
to complete the allocation and recordation of TR NOX Ozone 
Season allowances to units in the State for each such control period 
shall continue to apply, unless provided otherwise by such approval of 
the State's SIP revision.

[76 FR 48363, Aug. 8, 2011]



Sec. 52.585  Interstate pollutant transport provisions; What are the FIP 

requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each source and each unit located in 
the State of Georgia and for which requirements are set forth under the 
TR SO2 Group 2 Trading Program in subpart DDDDD of part 97 of 
this chapter must comply with such requirements. The obligation to 
comply with such requirements will be eliminated by the promulgation of 
an approval by the Administrator of a revision to Georgia's State 
Implementation Plan (SIP) as correcting the SIP's deficiency that is the 
basis for the TR Federal Implementation Plan under Sec. 52.39, except 
to the extent the Administrator's approval is partial or conditional.
    (b) Notwithstanding the provisions of paragraph (a) of this section, 
if, at the time of the approval of Georgia's SIP revision described in 
paragraph (a) of this section, the Administrator has already started 
recording any allocations of TR SO2 Group 2 allowances under 
subpart DDDDD of part 97 of this chapter to units in the State for a 
control period in any year, the provisions of subpart DDDDD of part 97 
of this chapter authorizing the Administrator to complete the allocation 
and recordation of TR SO2 Group 2 allowances to units in the 
State for each such control period shall continue to apply, unless 
provided otherwise by such approval of the State's SIP revision.

[76 FR 48363, Aug. 8, 2011]



Sec. 52.590  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Georgia'' and all revisions submitted by Georgia 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) Revisions to paragraph (a)(2) of Code Chapter 88-9 submitted on 
March 28, 1972, by the Assistant Attorney General.
    (2) Certification of public hearing submitted on February 14, 1972, 
by the Georgia Department of Health.

[[Page 499]]

    (3) Miscellaneous non-regulatory additions to the plan submitted on 
March 9, 1972, by the Georgia Department of Health.
    (4) Clarifying comments on the plan submitted on May 5, 1972, by the 
Georgia Department of Health.
    (5) Certification of public hearing and miscellaneous additions to 
Chapter 391-3-1, Sections .02(2)(d), .02(2)(q), .02(2)(r) and .02(6) 
submitted on July 31, 1972, by the Governor.
    (6) Amendments concerning operating permits, Section 391-3-1-.03, 
submitted on March 20, 1974, by the Georgia Department of Natural 
Resources.
    (7) AQMA identification material submitted on May 17, 1974, by the 
Georgia Department of Natural Resources.
    (8) Revisions to Sections 391-3-1-02(2)(a) and 391-3-1-.02(2)(g) and 
revocation of Section 391-3-1-02(2)(i) submitted on July 23, 1974, by 
the Georgia Department of Natural Resources.
    (9) Compliance schedules submitted on August 2, 1974, by the Georgia 
Department of Natural Resources.
    (10) Temporary operating permits submitted as compliance schedules 
on October 8, 1974, by the Georgia Department of Natural Resources.
    (11) Temporary operating permits submitted as compliance schedules 
on November 7, 1974, by the Georgia Department of Natural Resources.
    (12) Compliance schedules submitted on January 23, 1975, by the 
Georgia Department of Natural Resources.
    (13) AQMA identification material submitted on March 10, 1975, by 
the Georgia Department of Natural Resources.
    (14) Permit to operate for Georgia Power Company's Plant Atkinson 
submitted on May 22, 1975, by the Georgia Department of Natural 
Resources.
    (15) Deletion of Section 391-3-1-.02(2)(m), the last sentence in 
Section 391-3-1-.03(2)(c) and the last sentence in Section 391-3-
1-.03(3) submitted on June 30, 1975, by the Georgia Department of 
Natural Resources.
    (16) Miscellaneous plan revisions, submitted on December 16, 1975, 
by the Georgia Department of Natural Resources.
    (17) 1979 Implementation plan revisions for nonattainment areas for 
ozone, total suspended particulates, and carbon monoxide, submitted on 
January 17, March 9, 16, 20, June 29, December 27, 1979 and April 8, 
1980, by the Georgia Department of Natural Resources.
    (18) Order for Georgia Power Company's Plant Bowen, Units 1 and 2, 
Taylorsville, submitted on May 16, 1979, by the Georgia Department of 
Natural Resources.
    (19) Miscellaneous implementation plan revisions, submitted on March 
9, 1979, by the Georgia Department of Natural Resources.
    (20) Alternate VOC compliance schedules for Ford and General Motors 
plants in the Atlanta area, submitted on April 14, 1980 by the Georgia 
Department of Natural Resources.
    (21) Order for Georgia Power Company's Plant Harllee Branch, Unit 3 
and 4 submitted on May 13, 1980, by the Georgia Department of Natural 
Resources.
    (22) Air quality surveillance plan submitted on January 29, 1980, by 
the Georgia Department of Natural Resources.
    (23) Permit revision affecting the allowable particulate emission 
rates from the No. 6 Recovery Boiler, No. 3 Power Boiler and No. 5 Smelt 
Dissolving Tank at the ITT Rayonier, Inc. in Jesup, Georgia submitted on 
December 18, 1980, by the Georgia Department of Natural Resources.
    (24) Order on Units 1 and 2 of Georgia Power Company's Plant Bowen 
submitted on December 20, 1980, by the Georgia Department of Natural 
Resources.
    (25) Georgia lead SIP submitted on December 18, 1980, by the Georgia 
Department of Natural Resources.
    (26) Prevention of significant deterioration SIP, submitted on 
December 18, 1980, by the Georgia Department of Natural Resources.
    (27) A modified permit submitted on December 22, 1981, by the 
Georgia Department of Natural Resources which imposes special reporting 
and opacity limitations on Union Camp Corporation's Power Boilers 11 and 
12 in Savannah, Georgia.
    (28) Set II VOC regulations, submitted on December 18, 1980, by the 
Georgia Department of Natural Resources.

[[Page 500]]

    (29) Alternative VOC compliance schedules for three sources in the 
Atlanta area (St. Regis Paper Co., Printpack, Inc., and American Can 
Co.), submitted on December 18, 1980, and May 7, 1981, by the Georgia 
Department of Natural Resources.
    (30) Revisions to the Part D plan for the Atlanta CO nonattainment 
area, submitted on July 30, 1982, by the Georgia Department of Natural 
Resources.
    (31) Bubble permit for Blue Bird Body Company in Fort Valley, 
submitted on January 27, 1984, by the Georgia Department of Natural 
Resources.
    (32) Visibility new source review regulations and visibility 
monitoring strategy were submitted to EPA on May 22, 1985, and October 
31, 1985.
    (i) Incorporation by reference. (A) Letter of May 22, 1985, from the 
Georgia Department of Natural Resources and new paragraph (2)(uu) of 
Rule No. 391-3-1-.02, titled ``Visibility Protection'', adopted by the 
Georgia Board of Natural Resources on May 1, 1985.
    (ii) Additional material. (A) Narrative SIP, titled ``Georgia's Plan 
for Visibility Protection in Class I Areas'' which includes the State's 
Visibility Monitoring Strategy.
    (B) Letter dated October 31, 1985, from the Georgia Department of 
Natural Resources, providing a schedule for the completion of Georgia's 
Visibility Monitoring Strategy.
    (33) [Revised]
    (34) Revision to Georgia's plan for visibility protection in Class I 
areas entitled ``Visibility SIP'' submitted to EPA on August 31, 1987, 
by the Georgia Environmental Protection Division (GEPD) to satisfy the 
Part 2 visibility requirements.
    (i) Incorporation by reference. (A) June 10, 1988, letter from the 
Georgia Department of Natural Resources, and page 5 of the section 
entitled ``Visibility SIP'' which is part of the Georgia plan for 
visibility protection in Class I areas. This page contains the periodic 
review requirements satisfying 40 CFR 51.306(c), and was adopted by the 
Georgia Department of Natural Resources on August 31, 1987.
    (ii) Additional material. (A) Narrative entitled ``Visibility SIP'', 
a revision to Georgia's plan for visibility protection in Class I areas.
    (35) A revised subsection (2)(c), ``Incinerators,'' of rule 391-3-1-
02 was submitted by the Georgia Department of Natural Resources on May 
22, 1985.
    (i) Incorporation by reference. (A) Letter of May 22, 1985, from the 
Georgia Department of Natural Resources and revised subsection (2)(c) of 
rule 391-3-1-.02, titled ``Incinerators,'' adopted by the Georgia Board 
of Natural Resources on May 1, 1985.
    (ii) Additional material. None.
    (36) Revised subsections (b) and (d) of rule 391-3-1-.02 (5), ``Open 
Burning,'' were submitted by the Georgia Department of Natural Resources 
on May 22, 1985.
    (i) Incorporation by reference. (A) Letter of May 22, 1985, from the 
Georgia Department of Natural Resources and revised subsections (b) and 
(d) of rule 391-3-1-.02(5), entitled ``Open Burning,'' adopted by the 
Georgia Board of Natural Resources on May 1, 1985, to be effective May 
27, 1985.
    (ii) Additional material. (A) Modeling demonstration, submitted on 
February 19, 1988, by the Georgia Department of Natural Resources.
    (37) Revisions to the VOC regulations, to correct RACT deficiencies; 
Chapter 391-3-1-.01, and .02 of the Georgia Department of Natural 
Resources Rules for Air Quality Control, which was submitted on January 
3, 1991, and April 3, 1991. Change to Chapter 391-3-1-.02(3) to 
reference a new version of the test manual which includes capture 
efficiency protocols, which was submitted on September 30, 1991, and 
November 15, 1991.
    (i) Incorporation by reference. (A) The following Rules of the 
Georgia Department of Natural Resources, Chapter 391-3-1, Air Quality 
Control, became State effective on January 9, 1991.

391-3-1-.01(jjj);
391-3-1-.02(2)(a)4.;
391-3-1-.02(2)(t);
391-3-1-.02(2)(u)2.(i) and (iii);
391-3-1-.02(2)(v)2.(i) and (iii);
391-3-1-.02(2)(w)2.(i) and (iii);
391-3-1-.02(2)(x)2.(i), (iii), and (x)3.(v);
391-3-1-.02(2)(y)2.(i) and (iii);
391-3-1-.02(2)(z)2.(i) and (iii);
391-3-1-.02(2)(aa)2.(i) and (iii);
391-3-1-.02(2)(bb)1.(ii);
391-3-1-.02(2)(cc);
391-3-1-.02(2)(ee)1.(iii);
391-3-1-.02(2)(ff)2.(ii)(V) and 3.(iii)(III);

[[Page 501]]

391-3-1-.02(2)(ii)4.(i) and (iii);
391-3-1-.02(2)(jj)2.(i) and (iii);
391-3-1-.02(2)(mm)1.(i), (ii), and (iii);
391-3-1-.02(2)(pp);
391-3-1-.02(2)(qq);
391-3-1-.0292)(rr);
391-3-1-.02(2)(ss);
391-3-1-.02(3)(a);
391-3-1-.02(6)(a)3.

    (B) A revised Rule 391-3-1-.02(3)(a) ``Sampling'' which became State 
effective October 17, 1991.
    (ii) Other material. None.
    (38) State implementation plan for PM10 which was submitted on April 
15, 1988, January 3, 1991, and April 3, 1991, by the Georgia Department 
of Natural Resources.
    (i) Incorporation by reference. (A) Revisions to Chapter 391-3-1, 
``Air Quality Control'' which became State effective April 14, 1988. 
Rule 391-3-1-.01, ``Definitions'', mm, yyy, zzz, aaaa; Rule 391-3-
1-.02(4)(c), ``Ambient Air Standards''; Rule 391-3-1.-02(7), 
``Prevention of Significant Deterioration of Air Quality''.
    (B) Revisions to Rule 391-3-1-.02(4)(c), ``PM10'', which became 
State effective January 9, 1991.
    (ii) Other material. (A) April 15, 1988, January 3, 1991, and April 
3, 1991, letters from the Georgia Department of Natural Resources.
    (39) On December 15, 1986, and November 13, 1992, the Georgia 
Department of Natural Resources, Environmental Protection Division 
submitted regulations for Part D New Source Review.
    (i) Incorporation by reference. Revisions to the following Rules of 
Georgia Department of Natural Resources, Environmental Protection 
Division, effective November 22, 1992:
    (A) 391-3-1-.01 introductory paragraph
    (B) 391-3-1-.03(8)(c)
    (ii) Other material. Letter dated February 28, 1989, from the 
Georgia Department of Natural Resources, page 3 regarding change in 
operation of a source.
    (40) Revisions to include NO2 increment requirements in 
the PSD regulations, Chapter 391-3-.02(7) of the Georgia Department of 
Natural Resources Administrative Code which was submitted on January 3, 
1991.
    (i) Incorporation by reference. (A) Rule 391-3-1-.02(7) entitled 
``Prevention of Significant Deterioration of Air Quality'' which became 
state effective on January 9, 1991.
    (ii) Other material. (A) Letters dated January 3, 1991, and April 3, 
1991, from the Georgia Department of Natural Resources.
    (B) Letter dated August 6, 1991, from the Georgia Department of 
Natural Resources regarding minimum program elements.
    (41) Revisions to Chapters 391-3-1-.01, 391-3-1-.02, and 391-3-1-.03 
of the Georgia Department of Natural Resources Rules for Air Quality 
Control, adopted on May 29, 1996, October 27, 1993, and August 23, 1995.
    (i) Incorporation by reference. (A) Rules of the Georgia Department 
of Natural Resources, Environmental Protection Division, Chapter 391-3-
1, Air Quality Control, adopted on May 29, 1996:
    (1) 391-3-1-.01(llll).
    (2) 391-3-1-.01(mmmm).
    (3) 391-3-1-.02(2)(ff)4.
    (4) 391-3-1-.02(2)(ff)5.
    (5) 391-3-1-.02(7).
    (6) 391-3-1-.03(6).
    (7) 391-3-1-.03(6)(b)11.
    (8) 391-3-1-.03(6)(b)13.
    (9) 391-3-1-.03(6)(c).
    (10) 391-3-1-.03(6)(g).
    (11) 391-3-1-.03(6)(h).
    (B) Rules of the Georgia Department of Natural Resources, 
Environmental Protection Division, Chapter 391-3-1, Air Quality Control, 
adopted October 27, 1993:
    (1) 391-3-1-.02(2)(aaa).
    (2) 391-3-1-.02(5)(a)3.
    (3) 391-3-1-.02(5)(a)13.
    (4) 391-3-1-.02(5)(b).
    (C) Rules of the Georgia Department of Natural Resources, 
Environmental Protection Division, Chapter 391-3-1, Air Quality Control, 
adopted August 23, 1995:
    (1) 391-3-1-.02(2)(ii)6.
    (2) 391-3-1-.02(2)(rr)1.
    (3) 391-3-1-.02(2)(rr)3(vii).
    (4) 391-3-1-.02(2)(rr)6.
    (5) 391-3-1-.02(2)(zz)3.
    (6) 391-3-1-.02(2)(zz)7.
    (7) 391-3-1-.02(2)(zz)8.
    (8) 391-3-1-.02(2)(zz)9.
    (9) 391-3-1-.02(2)(zz)10.
    (10) 391-3-1-.02(2)(zz)11.
    (11) 391-3-1-.02(2)(zz)13.

[[Page 502]]

    (12) 391-3-1-.02(2)(zz)20.
    (13) 391-3-1-.02(2)(aaa)4.
    (ii) Other material. None.
    (42) Revisions to the Georgia stack height regulations; Chapter 391-
3-1 of the Georgia Department of Natural Resources Administrative Code 
which were submitted on December 15, 1986, and January 3, 1991.
    (i) Incorporation by reference. (A) Rule 391-3-1-.02 (2)(g), which 
was adopted by the Georgia Dept. of Natural Resources on December 3, 
1986.
    (B) Rule 391-3-1-.01 (Definitions) to include definitions (bbbb) and 
(cccc) for ``stack'' and ``stack in existence''; and Rule 391-3-1-.02 
(2)(a)4., which were adopted on December 5, 1990 by the Georgia 
Department of Natural Resources, and became State law effective January 
9, 1991.
    (43) The Georgia Environmental Protection Division has submitted 
revisions to the Georgia State Implementation Plan on September 27, 
1995. These revisions address the requirements of section 507 of Title V 
of the Clean Air Act and establish the Small Business Stationary Source 
Technical and Environmental Program.
    (i) Incorporation by reference. (A) The submittal of the state of 
Georgia's Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program which was adopted on July 20, 1995.
    (ii) Additional material. None.
    (44) Revisions to the Georgia State Implementation Plan; Chapter 
391-3-1 and Chapter 391-3-10 of the Georgia Department of Natural 
Resources Administrative Code which were submitted to EPA on November 
13, 1992.
    (i) Incorporation by reference. (A) Georgia Department of Natural 
Resources Air Quality Rules submitted by the Georgia Department of 
Natural Resources, Environmental Protection Division for inclusion in 
the Georgia state implementation plan which were adopted on October 28, 
1992, are as follows:

391-3-1-.05, 391-3-1-.09, 391-3-1-.10, 391-3-1-.02(2)(zz), 391-3-
1-.02(6)(a)4., 391-3-1-.03(5), 391-3-1-.03(6)(h), 391-3-10.01(d)(e), 
391-3-10-.04(d), 391-3-10-.07(2), 391-3-10-.10(b), 391-3-10-.12, 391-3-
10-.24(11), 391-3-10-.30(1), 391-3-10-.30(2).

    (ii) Other material. None.
    (45) The State of Georgia submitted a lead SIP for the Muscogee 
County lead nonattainment area dated September 28, 1998.
    (i) Incorporation by reference. State Implementation Plan for Lead 
Columbus, Georgia Muscogee County, Requirements for the GNB facility 
that were adopted on September 28, 1998.
    (ii) Other material. None.
    (46) Revisions to minor source permit rules submitted by the Georgia 
Environmental Protection Division on March 15, 1995.
    (i) Incorporation by reference. Revised Rule 391-3-1-.03, 
``Permits'', sections (1), (2), and (12), effective August 17, 1994.
    (ii) Other material. None.
    (47) Chapter 391-3-1-.01, .02(2), and .02(7), of the Georgia 
Department of Natural Resources Rules for Air Quality Control, submitted 
on June 24, 1994, and November 15, 1994. Change to Chapters 391-3-
1-.02(3) and 391-3-1-.02(6) to reference a new version of the Georgia 
Department of Natural Resources Manual of Procedures for Testing and 
Monitoring Sources of Air Pollutants, submitted on November 15, 1994.
    (i) Incorporation by reference. (A) The following revised Rules of 
the Georgia Department of Natural Resources, Chapter 391-3-1, Air 
Quality Control, became State effective on June 13, 1994:

391-3-1-.02(2)(hh)(iii);
391-3-1-.02(7);

    (B) The following revised Rules of the Georgia Department of Natural 
Resources, Chapter 391-3-1, Air Quality Control, became State effective 
on November 20, 1994:

391-3-1-.01;
391-3-1-.02(2)(t);
391-3-1-.02(2)(ccc);
391-3-1-.02(2)(eee);
391-3-1-.02(3)(a);
391-3-1-.02(6)(a)2.(v)(I);
391-3-1-.02(6)(a)2.(vii)(I);
391-3-1-.02(6)(a)2.(vii)(II)I.;
391-3-1-.02(6)(b)1.(vi)

    (ii) Other material. None.
    (48) Clean Fuel Fleet program submitted to EPA by the Georgia 
Department of Natural Resources on May 5, 1994.
    (i) Incorporation by reference. (A) Addition of Regulations 391-3-
21-.01, ``Definitions,'' 391-3-21-.02, ``Covered

[[Page 503]]

Area,'' 391-3-21-.03, ``Covered Fleet Operators,'' 391-3-21-.04, 
``Covered Fleet Vehicles,'' 391-3-21-.05, ``Determination of Capable of 
Being Centrally Fueled,'' 391-3-21.06, ``Purchase Requirements,'' 391-3-
21.07, ``Emission Standards,'' 391-3-21.08, ``Credit Program,'' 391-3-
21.09, ``Transportation Control Exemptions,'' 391-3-21.10, 
``Requirements for Fuel Providers,'' 391-3-21-.11, `` Enforcement'' 
which became effective on May 22, 1994.
    (ii) Other material. None.
    (49) Addition of NOX RACT permits to specify RACT for 
specific sources, submitted on November 15, 1994, and March 19, 1998.
    (i) Incorporation by reference. (A) The following source specific 
NOX RACT permits of the Georgia Department of Natural 
Resources, Chapter 391-3-1, Air Quality Control, effective on December 
27, 1995.
    NOX RACT Permits:
    (1) Permit 4911-033-5037-0 Plant McDonough conditions 10 through 22;
    (2) Permit 4911-038-4838-0 Plant Yates conditions 19 through 32;
    (3) Permit 4911-038-4839-0 Plant Yates conditions 16 through 29;
    (4) Permit 4911-038-4840-0 Plant Yates conditions 16 through 29; and
    (5) Permit 4911-038-4841-0 Plant Yates conditions 16 through 29.
    (B) The following source specific NOX RACT permits of the 
Georgia Department of Natural Resources, Chapter 391-3-1, Air Quality 
Control, effective on November 15, 1994.
    NOX RACT Permits:
    (1) Permit 4911-033-1321-0 Plant Atkinson conditions 8 through 13.
    (2) Permit 4911-033-1322-0 Plant Atkinson conditions 8 through 13.
    (3) Permit 4911-033-6949 Plant Atkinson conditions 5 through 10.
    (4) Permit 4911-033-1320-0 Plant Atkinson conditions 8 through 13.
    (5) Permit 4911-033-1319-0 Plant Atkinson conditions 8 through 13.
    (6) Permit 4911-033-6951 Plant McDonough conditions 5 through 10.
    (7) Permit 4922-028-10902 Atlanta Gas Light Company conditions 20 
and 21.
    (8) Permit 4922-031-10912 Atlanta Gas Light Company conditions 27 
and 28.
    (9) Permit 2631-033-11436 Austell Box Board Corp. conditions 1 
through 5.
    (10) Permit 8922-044-10094 Emory University conditions 19 through 
26.
    (11) Permit 3711-044-11453 General Motors Corporation conditions 1 
thorough 6 and Attachment A.
    (12) Permit 2077-058-11226 Georgia Proteins Company conditions 16 
through 23 and Attachment A.
    (13) Permit 3221-060-10576 Owens-Brockway Glass Container, Inc. 
conditions 26 through 28 and Attachment A.
    (14) Permit 3296-060-10079 Owens-Corning Fiberglass Corporation 
conditions 25 through 29.
    (15) Permit 3354-038-6686-0 William L. Bonnell Co. conditions 17 
through 30.
    (16) Permit 4922-075-10217 Transcontinental Gas Pipe Line 
Corporation conditions 21 through 24.
    (17) Permit 9711-033-11456 Lockheed-Georgia Company conditions 1 
through 11.
    (18) Permit 3241-060-8670 Blue Circle Incorporated conditions 48 
through 54.
    (ii) Other material. None.
    (50) Georgia Enhanced Inspection and Maintenance submitted to EPA by 
the Georgia Department of Natural Resources on March 27, 1996.
    (i) Incorporation by reference. (A) Chapter 391-3-20 Enhanced 
Inspection and Maintenance program effective on September 24, 1996.
    (ii) Other material. None.

[37 FR 10859, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.590, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



                            Subpart M_Hawaii



Sec. 52.620  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for State of Hawaii 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 with an EPA 
approval date prior to May 1, 2009, 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

[[Page 504]]

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 on or after May 1, 2009 will be incorporated by 
reference in the next update to the SIP compilation.
    (2) EPA Region IX certifies that the rules and 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 May 1, 2009.
    (3) Copies of the materials incorporated by reference may be 
inspected at the EPA Region IX Office at 75 Hawthorne Street, San 
Francisco, CA 94105; the Air and Radiation Docket and Information 
Center, U.S. Environmental Protection Agency, Room 3334, EPA West 
Building, 1301 Constitution Avenue, NW., 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.

                                    EPA-Approved State of Hawaii Regulations
----------------------------------------------------------------------------------------------------------------
                                                           Effective
          State citation                Title/subject        date       EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
         Department of Health, Public Health Regulations, Chapter 43, Air Pollution Control Regulations:
----------------------------------------------------------------------------------------------------------------
    Section 22....................  Hearings and Appeals  12/26/1972  05/14/1973, 38 FR     See also 74 FR 11037
                                                                       12711.               (March 16, 2009).
    Section 23....................  Application.........  03/28/1972  05/31/1972, 37 FR     See also 74 FR 11037
                                                                       10842.               (March 16, 2009).
----------------------------------------------------------------------------------------------------------------
                 Department of Health, Title 11, Chapter 60, Air Pollution Control Regulations:
----------------------------------------------------------------------------------------------------------------
    11-60-18......................  Control of open       11/29/1982  08/18/1983, 48 FR
                                     burning.                          37403.
    11-60-21......................  Agricultural          11/29/1982  08/18/1983, 48 FR
                                     burning, ``no                     37403.
                                     burn'' days.
    11-60-23......................  Agricultural          11/29/1982  08/18/1983, 48 FR
                                     burning, action on                37403.
                                     applications.
    11-60-26......................  Fugitive dust.......  11/29/1982  08/18/1983, 48 FR
                                                                       37403.
    11-60-27......................  Incineration........  11/29/1982  08/18/1983, 48 FR
                                                                       37403.
    11-60-28......................  Bagasse-burning       11/29/1982  08/18/1983, 48 FR
                                     boilers.                          37403.
    11-60-29......................  Process industries..  11/29/1982  08/18/1983, 48 FR
                                                                       37403.
----------------------------------------------------------------------------------------------------------------
        Department of Health, Title 11, Chapter 60.1, Air Pollution Control. Hawaii Administrative Rules
----------------------------------------------------------------------------------------------------------------
    11-60.1-1.....................  Definitions.........  11/14/2003  4/27/2012, 77 FR      Supersedes 11-60-1.
                                                                       25084.
    11-60.1-2.....................  Prohibition of air    11/14/2003  4/27/2012, 77 FR      Supersedes 11-60-17.
                                     pollution.                        25084.
    11-60.1-3.....................  General conditions    ..........  04/23/2012, 77 FR     Supersedes 11-60-04,
                                     for considering                   24148.                11-60-11, 11-60-13,
                                     applications.                                           11-60-14.
    11-60.1-4.....................  Certification.......  11/14/2003  4/27/2012, 77 FR      New regulation.
                                                                       25084.
    11-60.1-5.....................  Permit conditions...  ..........  04/23/2012, 77 FR     New regulation.
                                                                       24148.
    11-60.1-7.....................  Transfer of permit..  ..........  04/23/2012, 77 FR     Supersedes 11-60-09.
                                                                       24148.
    11-60.1-8.....................  Reporting             11/14/2003  4/27/2012, 77 FR      Supersedes 11-60-10.
                                     discontinuance.                   25084.
    11-60.1-11....................  Sampling, testing,    11/14/2003  4/27/2012, 77 FR      Supersedes 11-60-15
                                     and reporting                     25084.                and 11-60-6.
                                     methods.
    11-60.1-12....................  Air quality models..  ..........  04/23/2012, 77 FR     New regulation.
                                                                       24148.
    11-60.1-14....................  Public access to      11/14/2003  4/27/2012, 77 FR      New regulation.
                                     information.                      25084.
    11-60.1-15....................  Reporting of          11/14/2003  4/27/2012, 77 FR      Supersedes 11-60-16.
                                     equipment shutdown.               25084.
    11-60.1-16....................  Prompt reporting of   11/14/2003  4/27/2012, 77 FR      Supersedes 11-60-16.
                                     deviations.                       25084.
    11-60.1-17....................  Prevention of air     11/14/2003  4/27/2012, 77 FR      Supersedes 11-60-35.
                                     pollution emergency               25084.
                                     episodes.
    11-60.1-19....................  Penalties and         ..........  04/23/2012, 77 FR     Supersedes
                                     remedies.                         24148.               11-60-37.
    11-60.1-20....................  Severability........  11/14/2003  4/27/2012, 77 FR      Supersedes 11-60-38.
                                                                       25084.

[[Page 505]]

 
    11-60.1-32....................  Visible emissions...  11/14/2003  4/27/2012, 77 FR      Supersedes 11-60-24.
                                                                       25084.
    11-60.1-34....................  Motor vehicles......  11/14/2003  4/27/2012, 77 FR      Supersedes 11-60-25.
                                                                       25084.
    11-60.1-40....................  Volatile organic      11/14/2003  4/27/2012, 77 FR      New regulation.
                                     compound water                    25084.
                                     separation.
    11-60.1-41....................  Pump and compressor   11/14/2003  4/27/2012, 77 FR      New regulation.
                                     requirements.                     25084.
    11-60.1-42....................  Waste gas disposal..  11/14/2003  4/27/2012, 77 FR      New regulation.
                                                                       25084.
    11-60.1-51....................  Definitions.........  11/14/2003  4/27/2012, 77 FR      Supersedes 11-60-1.
                                                                       25084.
    11-60.1-53....................  Agricultural          11/14/2003  4/27/2012, 77 FR      Supersedes 11-60-19.
                                     burning: permit                   25084.
                                     requirement.
    11-60.1-54....................  Agricultural          11/14/2003  4/27/2012, 77 FR      Supersedes 11-60-20.
                                     burning:                          25084.
                                     applications.
    11-60.1-56....................  Agricultural          11/14/2003  4/27/2012, 77 FR      Supersedes 11-60-22.
                                     burning:                          25084.
                                     recordkeeping and
                                     monitoring.
    11-60.1-81....................  Definitions.........  ..........  04/23/2012, 77 FR     New regulation.
                                                                       24148.
    11-60.1-82....................  Applicability.......  ..........  04/23/2012, 77 FR     Supersedes 11-60-02.
                                                                       24148.
    11-60.1-83....................  Initial covered       ..........  04/23/2012, 77 FR     Supersedes 11-
                                     source permit                     24148.               60-03, 11-60-05,
                                     application.                                           11-60-07, 11-60-08,
                                                                                             11-60-12.
    11-60.1-84....................  Duty to supplement    ..........  04/23/2012, 77 FR     New regulation.
                                     or correct permit                 24148.
                                     applications.
    11-60.1-91....................  Temporary covered     ..........  04/23/2012, 77 FR     New regulation.
                                     source permits.                   24148.
    11-60.1-92....................  Covered source        ..........  04/23/2012, 77 FR     New regulation.
                                     general permits.                  24148.
    11-60.1-93....................  Federally-            ..........  04/23/2012, 77 FR     New regulation.
                                     enforceable permit                24148.
                                     terms and
                                     conditions.
    11-60.1-99....................  Public participation  ..........  04/23/2012, 77 FR     New regulation.
                                                                       24148.
    11-60.1-103...................  Applications for      ..........  04/23/2012, 77 FR     New regulation.
                                     minor modifications.              24148.
    11-60.1-104...................  Applications for      ..........  04/23/2012, 77 FR     New regulation.
                                     significant                       24148.
                                     modifications.
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved State source specific requirements.

----------------------------------------------------------------------------------------------------------------
                                                                          Effective   EPA approval
            Name of source                        Permit No.                date          date       Explanation
----------------------------------------------------------------------------------------------------------------
None.
----------------------------------------------------------------------------------------------------------------

    (e) EPA Approved Nonregulatory Provisions and Quasi-Regulatory 
Measures.

                   EPA Approved Hawaii Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                        Applicable          State
      Name of SIP provision            geographic or      submittal     EPA approval date        Explanation
                                    nonattainment area       date
----------------------------------------------------------------------------------------------------------------
                               State of Hawaii Air Pollution Control Strategy Plan
----------------------------------------------------------------------------------------------------------------
Section I--Introduction..........  State-wide..........     01/28/72  05/31/72, 37 FR
                                                                       10842.
Section III--Legal Authority:
    Section III--Legal Authority.  State-wide..........     01/28/72  05/31/72, 37 FR       Excluding Air
                                                                       10842.                Pollution Control
                                                                                             Law, Hawaii Revised
                                                                                             Statutes, Chapter
                                                                                             322, Part V,
                                                                                             Sections 322-64(5)
                                                                                             and 322-66 [see 39
                                                                                             FR 34533 (September
                                                                                             26, 1974)] and
                                                                                             Section 322-68 [see
                                                                                             74 FR 11037 (March
                                                                                             16, 2009)].

[[Page 506]]

 
    Letter from the Governor       State-wide..........     06/15/72  11/08/73, 38 FR       Excluding Section 7--
     concerning legal authority                                        30876.                Variances of Act
     and enclosure (Act 100,                                                                 100. See 74 FR
     Relating to Ecology                                                                     11037 (March 16,
     Environment and Recreation,                                                             2009).
     approved by the Governor on
     May 22, 1972).
Sections V and VI:
    Section V--Air Quality Data    State-wide..........     08/15/73  06/25/74, 39 FR
     Summary.                                                          22946.
    Section VI--Emission           State-wide..........     08/15/73  06/25/74, 39 FR
     Inventory Summary.                                                22946.
Section VII--Control Strategy
 Development:
    Subsection 1. Particulate      State-wide..........     04/25/74  03/02/76, 41 FR 8956  Excluding subsection
     Matter.                                                                                 entitled, ``Control
                                                                                             Strategy to Meet
                                                                                             State Standards.''
                                                                                             See State
                                                                                             submittals dated
                                                                                             May 8, 1972 and May
                                                                                             22, 1972, approved
                                                                                             at 37 FR 15080
                                                                                             (July 27, 1972),
                                                                                             and 40 CFR 52.623.
    PM10 Control Measures/NSR      State-wide..........     09/14/88  07/09/04, 69 FR
     Procedures.                                                       41431.
    Subsection 2. Sulfur Oxides..  State-wide..........     01/28/72  05/31/72, 37 FR       Excluding subsection
                                                                       10842.                entitled, ``Control
                                                                                             Strategy to Meet
                                                                                             State Standards.''
                                                                                             See State
                                                                                             submittals dated
                                                                                             May 8, 1972 and May
                                                                                             22, 1972, approved
                                                                                             at 37 FR 15080
                                                                                             (July 27, 1972),
                                                                                             and 40 CFR 52.623.
    Subsection 3. Carbon Monoxide  State-wide..........     01/28/72  05/31/72, 37 FR       Excluding subsection
                                                                       10842.                entitled, ``Control
                                                                                             Strategy to Meet
                                                                                             State Standards.''
                                                                                             See State
                                                                                             submittals dated
                                                                                             May 8, 1972 and May
                                                                                             22, 1972, approved
                                                                                             at 37 FR 15080
                                                                                             (July 27, 1972),
                                                                                             and 40 CFR 52.623.
    Subsection 4. Nitrogen         State-wide..........     01/28/72  05/31/72, 37 FR       Excluding subsection
     Dioxide.                                                          10842.                entitled, ``Control
                                                                                             Strategy to Meet
                                                                                             State Standards.''
                                                                                             See State
                                                                                             submittals dated
                                                                                             May 8, 1972 and May
                                                                                             22, 1972, approved
                                                                                             at 37 FR 15080
                                                                                             (July 27, 1972),
                                                                                             and 40 CFR 52.623.

[[Page 507]]

 
    Subsection 5. Photochemical    State-wide..........     01/28/72  05/31/72, 37 FR       Excluding subsection
     Oxidants.                                                         10842.                entitled, ``Control
                                                                                             Strategy to Meet
                                                                                             State Standards.''
                                                                                             See State
                                                                                             submittals dated
                                                                                             May 8, 1972 and May
                                                                                             22, 1972, approved
                                                                                             at 37 FR 15080
                                                                                             (July 27, 1972),
                                                                                             and 40 CFR 52.623.
Sections VIII through XI:........
    Section VIII--Prevention of    State-wide..........     01/28/72  05/31/72, 37 FR       Excluding subsection
     Emergency Episodes.                                               10842.                entitled, ``State
                                                                                             Plan.'' See State
                                                                                             submittals dated
                                                                                             May 8, 1972 and May
                                                                                             22, 1972, approved
                                                                                             at 37 FR 15080
                                                                                             (July 27, 1972),
                                                                                             and 40 CFR 52.623.
    Section IX--Compliance         State-wide..........     01/28/72  05/31/72, 37 FR
     Schedule.                                                         10842.
    Section X--Source              State-wide..........     01/28/72  05/31/72, 37 FR
     Surveillance System.                                              10842.
    Section XI--Permit and         State-wide..........     01/28/72  05/31/72, 37 FR
     Registration System.                                              10842.
Section XII--Air Quality
 Surveillance Network:
    Section XII--Air Quality       State-wide..........     08/21/80  08/10/81, 46 FR
     Surveillance Network.                                             40512.
    Air Quality Surveillance       State-wide..........     09/14/88  07/09/04, 69 FR
     Network, SIP Amendment--PM10.                                     41431.
Sections XIII and XIV:
    Section XIII--                 State-wide..........     01/28/72  05/31/72, 37 FR
     Intergovernmental                                                 10842.
     Cooperation.
    Section XIV--Resources.......  State-wide..........     01/28/72  05/31/72, 37 FR
                                                                       10842.
----------------------------------------------------------------------------------------------------------------
                       State of Hawaii Air Pollution Control Implementation Plan for Lead
----------------------------------------------------------------------------------------------------------------
State of Hawaii Air Pollution      State-wide..........     10/29/82  08/18/83, 48 FR       Excluding section II
 Control Implementation Plan for                                       37402.                (``Notice of Public
 Lead.                                                                                       Hearing''); Hawaii
                                                                                             Statute on
                                                                                             Environmental
                                                                                             Quality, Chapter
                                                                                             342, Hawaii Revised
                                                                                             Statutes, section
                                                                                             342-7 [see 74 FR
                                                                                             11037 (March 16,
                                                                                             2009)]; and section
                                                                                             IV (``Control
                                                                                             Regulations'').
----------------------------------------------------------------------------------------------------------------


[70 FR 44854, Aug. 4, 2005; 70 FR 49377, Aug. 23, 2005, as amended at 74 
FR 11040, Mar. 16, 2009; 74 FR 27710, June 11, 2009; 74 FR 36119, July 
22, 2009; 77 FR 24150, Apr. 23, 2012; 77 FR 25086, Apr. 27, 2012]



Sec. 52.621  Classification of regions.

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

[[Page 508]]



----------------------------------------------------------------------------------------------------------------
                                                                             Pollutant
                                                 ---------------------------------------------------------------
           Air quality control region                                                              Photochemical
                                                  Particulate    Sulfur     Nitrogen     Carbon      oxidants
                                                     matter      oxides      dioxide    monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
State of Hawaii.................................           II         III         III        III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10860, May 31, 1972]



Sec. 52.622  Original identification of plan.

    (a) This section identified the original ``State of Hawaii Air 
Pollution Control Implementation Plan'' and all revisions submitted by 
the State of Hawaii that were federally approved prior to June 1, 2005.
    (b) The plan was officially submitted on January 28, 1972.
    (1) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted from the SIP without replacement Air Pollution 
Control Law, Hawaii Revised Statutes, chapter 322, part V, section 322-
68 and Public Health Regulations, chapter 43, section 20.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Certification that the plan was adopted submitted on April 4, 
1972, by the Department of Health.
    (2) Telegram and letters (Non-regulatory) clarifying the plan 
submitted on May 8, 1972, by the Governor.
    (3) Telegram (Non-regulatory) clarifying the particulate matter 
control strategy submitted on May 22, 1972, by the Governor.
    (4) Letter (Non-regulatory) clarifying disapproval of the plan 
submitted on June 15, 1972, by the Governor.
    (i) Previously approved on November 8, 1973 in paragraph (c)(4) of 
this section and now deleted from the SIP without replacement S.B. No. 
1382-72, Act 100, section 7.
    (ii) [Reserved]
    (5) Revised regulations (in their entirety) for the State of Hawaii 
submitted on November 21, 1972, by the Governor.
    (i) Previously approved on May 14, 1973 in paragraph (c)(5) of this 
section and now deleted from the SIP without replacement chapter 43, 
section 20.
    (ii) [Reserved]
    (6) Regulations establishing a permit system for agricultural 
burning submitted on May 15, 1973, by the Governor.
    (7) Compliance schedule submitted on July 27, 1973, by the Governor.
    (8) 18-month extension plan for particulate matter submitted on 
August 15, 1973, by the Governor.
    (9) Date for attainment of the national ambient air quality 
standards for particulate matter submitted on April 25, 1974, by the 
Governor.
    (10) Previously approved on April 23, 1979 and now deleted without 
replacement: A variance to the Hawaii Public Health Regulations, chapter 
43, section 7(b)(5) submitted on September 12, 1978, by the Governor.
    (11) A variance to the Hawaii Public Health Regulations, Chapter 43, 
Section 7(b)(5) submitted on February 22, 1979 by the Governor.
    (12) The following amendments to the plan were submitted on August 
21, 1980, by the Governor.
    (i) XII. Air Quality Surveillance Network.
    (13) A variance to the Hawaii Public Health Regulations, Chapter 43, 
section 8 (b)(1) submitted on November 25, 1980 by the Governor.
    (14) Previously approved on September 30, 1982 and now deleted 
without replacement: A variance of the Hawaii Public Health Regulations, 
chapter 43, section 8(b)(1) submitted on April 6, 1982, by the Governor.
    (15) Hawaii State Lead SIP Revision submitted on October 29, 1982, 
by the State.
    (i) Previously approved on August 18, 1983 in paragraph (c)(15) of 
this section and now deleted from the SIP without replacement Hawaii 
Statute on Environmental Quality, Hawaii Revised Statutes, chapter 342, 
section 342-7.
    (ii) [Reserved]

[[Page 509]]

    (16) The following amendments to the plan were submitted on December 
20, 1982 by the State.
    (i) Title 11--Department of Health, Chapter 60, Air Pollution 
Control.
    (A) Amended sections 11-60-01 thru 11-60-29, 11-60-35 thru 11-60-38.
    (B) Previously approved on August 18, 1983 and now deleted without 
replacement section 11-60-36.
    (17) The following amendment to the plan was submitted on September 
14, 1988, by the Governor's designee.
    (i) Incorporation by reference. (A) Hawaii Department of Health.
    (1) Section XII, Air Quality Surveillance Network adopted on August 
16, 1988.

[37 FR 10861, May 31, 1972, as amended at 41 FR 8959, Mar. 2, 1976; 44 
FR 23828, Apr. 23, 1979; 44 FR 46274, Aug. 7, 1979; 46 FR 40513, Aug. 
10, 1981; 47 FR 3111, Jan. 22, 1982; 48 FR 37403, Aug. 18, 1983; 62 FR 
34648, June 27, 1997; 69 FR 41432, July 9, 2004. Redesignated and 
amended at 70 FR 44854, Aug. 4, 2005; 74 FR 11040, Mar. 16, 2009]



Sec. 52.623  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Hawaii's plan for attainment and maintenance of the national 
standards. The State included various provisions in its plan to provide 
for the attainment of State ambient air quality standards. As described 
in the Governor's letters of January 28, May 8, and May 22, 1972, these 
provisions were included for information purposes only and were not to 
be considered a part of the plan to implement national standards. 
Accordingly, these additional provisions are not considered a part of 
the applicable plan.

[37 FR 10861, May 31, 1972, as amended at 38 FR 12712, May 14, 1973; 39 
FR 7280, Feb. 25, 1974]



Sec. 52.624  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the legal authority to provide for public availability of emission 
data is inadequate.
    (b) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the Agency responsible for 
making emission data available to the public, as specified in the 
applicable plan, concerning emissions from any source subject to 
emission limitations which are part of the approved plan may request 
that the appropriate Regional Administrator obtain and make public such 
data. Within 30 days after receipt of any such written request, the 
Regional Administrator shall require the owner or operator of any such 
source to submit information within 30 days on the nature and amounts of 
emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the applicable plan.
    (2) Commencing after the initial notification by the Regional 
Administrator pursuant to paragraph (b)(1) of this section, the owner or 
operator of the source shall maintain records of the nature and amounts 
of emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the plan. The information recorded shall be 
summarized and reported to the Regional Administrator, on forms 
furnished by the Regional Administrator, and shall be submitted within 
45 days after the end of the reporting period. Reporting periods are 
January 1 to June 30 and July 1 to December 31.
    (3) Information recorded by the owner or operator and copies of this 
summarizing report submitted to the Regional Administrator shall be 
retained by the owner or operator for 2 years after the date on which 
the pertinent report is submitted.
    (4) Emission data obtained from owners or operators of stationary 
sources will be correlated with applicable emission limitations and 
other control measures that are part of the applicable plan and will be 
available at the appropriate regional office and at other locations in 
the state designated by the Regional Administrator.

[39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55329, Nov. 28, 1975; 
51 FR 40676, Nov. 7, 1986]

[[Page 510]]



Sec. 52.625  Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met, 
since sections 322-64(5) and 322-66 of the Hawaii Revised Statutes 
could, in some circumstances, prohibit the disclosure of emission data 
to the public. Therefore, sections 322-64(5) and 322-66 are disapproved.

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



Sec. 52.626  Compliance schedules.

    (a) [Reserved]
    (b) The compliance schedules for the sources identified below are 
disapproved as not meeting the requirements of Subpart N of this 
chapter. The regulations cited are air pollution control regulations of 
the State.

----------------------------------------------------------------------------------------------------------------
                                                                  Regulation sections
                Source                         Location                 involved             Date of adoption
----------------------------------------------------------------------------------------------------------------
Nanakuli Paving & Rock Co., Ltd......  Molokai................  8, 13..................  7/27/73.
Kohala Corp..........................  Halaula................  8, 12..................   Do.
----------------------------------------------------------------------------------------------------------------


[39 FR 16348, May 8, 1974, as amended at 51 FR 40676, Nov. 7, 1986; 54 
FR 25258, June 14, 1989]



Sec. Sec. 52.627-52.631  [Reserved]



Sec. 52.632  Significant deterioration of air quality.

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

[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 68 
FR 11322, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003]



Sec. 52.633  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met, because the plan does not include approvable procedures for 
protection of visibility in mandatory Class I Federal areas.
    (b) Regulations for visibility monitoring and new source review. The 
provisions of Sec. Sec. 52.26, 52.27 and 52.28, are hereby incorporated 
and made part of the applicable plan for the State of Hawaii.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of 
Hawaii.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.634  Particulate matter (PM-10) Group III SIP.

    (a) On September 14, 1988, the Governor of Hawaii submitted a 
revision to the State Implementation Plan (SIP) for implementing the 
required monitoring activities and other tasks necessary to satisfy the 
requirements of the PM-10 Group III SIP.
    (b) The Hawaii Department of Health has committed to meet the 
ongoing requirements for PM-10 Group III areas.

[55 FR 18110, May 1, 1990]

[[Page 511]]



                             Subpart N_Idaho



Sec. 52.670  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for Idaho 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 November 12, 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 November 12, 2004, will be incorporated by reference in the 
next update to the SIP compilation.
    (2) EPA Region 10 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 12, 2004.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region 10 EPA Office at 1200 Sixth Avenue, Seattle, WA 
98101; the EPA, Air and Radiation Docket and Information Center, Air 
Docket, 1301 Constitution Avenue, NW., Washington, DC 20004; 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 Idaho Regulations
----------------------------------------------------------------------------------------------------------------
  State citation        Title/subject     State effective date       EPA approval date          Explanations
----------------------------------------------------------------------------------------------------------------
      Idaho Administrative Procedures Act (IDAPA) 58.01.01--Rules for the Control of Air Pollution in Idaho
----------------------------------------------------------------------------------------------------------------
001...............  Title and Scope.....  5/1/94..............  01/16/03, 68 FR 2217......
004...............  Catchlines..........  5/1/94..............  01/16/03, 68 FR 2217......
005...............  Definitions.........  5/1/94..............  01/16/03, 68 FR 2217......
006...............  General Definitions.  3/30/07 4/11/06, 7/1/ 6/9/11, 76 FR 33647.......  Except Section
                                           02, 4/5/00, 3/20/                                 006.55(b) (re:
                                           97, 5/1/94.                                       state air toxics in
                                                                                             definition of
                                                                                             ``modification'').
007...............  Definitions for the   3/30/07, 4/11/06, 4/  6/9/11, 76 FR 33647.......
                     Purposes of           5/00, 6/30/95, 5/1/
                     Sections 200          95, 5/1/94.
                     through 225 and 400
                     through 461.
106...............  Abbreviations.......  5/1/94..............  01/16/03, 68 FR 2217......
107...............  Incorporations by     5/8/09, 3/30/07, 3/   11/26/2010, 75 FR 72719     Except Section
                     Reference.            20/04,                                            107.03(g) through
                                           7/1/97, 5/1/94.....                               (n) and (p).
121...............  Compliance            5/1/94..............  01/16/03, 68 FR 2217......
                     Requirements by
                     Department.
122...............  Information Orders    4/5/00..............  01/16/03, 68 FR 2217......
                     by the Department.   5/1/94..............
123...............  Certification of      5/1/94..............  01/16/03, 68 FR 2217......
                     Documents.
124...............  Truth, Accuracy       5/1/94..............  01/16/03, 68 FR 2217......
                     Completeness of
                     Documents.
125...............  False Statements....  3/23/98.............  01/16/03, 68 FR 2217......
126...............  Tampering...........  3/23/98.............  01/16/03, 68 FR 2217......
127...............  Format of Responses.  5/1/94..............  01/16/03, 68 FR 2217......
130...............  Startup, Shutdown,    4/5/00..............  01/16/03, 68 FR 2217......
                     Scheduled
                     Maintenance, Safety
                     Measures, Upset and
                     Breakdown.
131...............  Excess Emissions....  4/5/00..............  01/16/03, 68 FR 2217......
132...............  Correction of         4/5/00..............  01/16/03, 68 FR 2217......
                     Condition.
133...............  Start-up, Shutdown    4/11/06, 4/5/00, 3/   11/26/2010, 75 FR 72719
                     and Scheduled         20/97.
                     Maintenance
                     Requirements.

[[Page 512]]

 
134...............  Upset, Breakdown and  4/11/06, 4/5/00, 3/   11/26/2010, 75 FR 72719
                     Safety Requirements.  20/97.
135...............  Excess Emission       4/11/06, 4/5/00, 3/   11/26/2010, 75 FR 72719
                     Reports.              20/97.
136...............  Excess Emission       4/5/00..............  01/16/03, 68 FR 2217......
                     Records.             3/23/98.............
                                          3/20/97.............
155...............  Circumvention.......  4/11/06.............  11/26/2010, 75 FR 72719
156...............  Total Compliance....  5/1/94..............  01/16/03, 68 FR 2217......
157...............  Test Methods and      4/5/00..............  01/16/03, 68 FR 2217......
                     Procedures.
160...............  Provisions Governing  4/5/00..............  01/16/03, 68 FR 2217......
                     Specific Activities
                     and Conditions.
162...............  Modifying Physical    5/1/94..............  01/16/03, 68 FR 2217......
                     Conditions.
163...............  Source Density......  5/1/94..............  01/16/03, 68 FR 2217......
164...............  Polychlorinated       5/1/94..............  01/16/03, 68 FR 2217......
                     Biphenyls (PCBs).
200...............  Procedures and        4/2/2008............  11/26/2010, 75 FR 72719
                     Requirements for
                     Permits to
                     Construct.
201...............  Permit to Construct   7/1/02..............  11/26/2010, 75 FR 72719
                     Required.
202...............  Application           4/6/05, 7/1/02, 4/5/  11/26/2010, 75 FR 72719
                     Procedures.           00,
                                           5/1/94.............
203...............  Permit Requirements   5/1/94..............  01/16/03, 68 FR 2217......  (Except subsection
                     for New and                                                             203.03).
                     Modified Stationary
                     Sources.
204...............  Permit Requirements   4/2/08, 3/30/07, 4/6/ 11/26/2010, 75 FR 72719
                     for New Major         05,
                     Facilities or Major   4/5/00, 5/1/94.....
                     Modifications in
                     Nonattainment Areas.
205...............  Permit Requirements   4/2/08, 3/30/07, 4/6/ 11/26/2010, 75 FR 72719
                     for New Major         05.
                     Facilities or Major
                     Modifications in
                     Attainment or
                     Unclassifiable
                     Areas.
206...............  Optional Offsets for  4/6/05..............  11/26/2010, 75 FR 72719
                     Permits to
                     Construct.
207...............  Requirements for      5/1/94..............  01/16/03, 68 FR 2217......
                     Emission Reduction
                     Credit.
208...............  Demonstration of Net  4/5/00..............  01/16/03, 68 FR 2217......
                     Air Quality Benefit. 5/1/94..............
209...............  Procedures for        4/11/06, 4/6/05, 5/3/ 11/26/2010, 75 FR 72719
                     Issuing Permits.      03,
                                           7/1/02, 4/5/00, 3/
                                           19/99,.
                                           3/23/98, 5/1/94....
211...............  Conditions for        5/1/94..............  01/16/03, 68 FR 2217......
                     Permits to
                     Construct.
212...............  Obligation to Comply  5/1/94..............  01/16/03, 68 FR 2217......
213...............  Pre-Permit            4/11/06, 5/3/03, 4/5/ 11/26/2010, 75 FR 72719
                     Construction.         00,
                                           3/23/98............
220...............  General Exemption     4/11/06, 4/5/00.....  11/26/2010, 75 FR 72719
                     Criteria for Permit
                     to Construct
                     Exemptions.
221...............  Category I Exemption  4/5/00..............  01/16/03, 68 FR 2217......
222...............  Category II           4/11/06, 4/5/00, 5/1/ 11/26/2010, 75 FR 72719
                     Exemptions.           94,
                                           7/1/97.............
400...............  Procedures and        7/1/02..............  11/26/2010, 75 FR 72719
                     Requirements for
                     Tier II Operating
                     Permits.
401...............  Tier II Operating     4/6/05, 7/1/02, 4/5/  11/26/2010, 75 FR 72719     Except 401.01.a
                     Permit.               00,                                               (bubbles) and
                                           5/1/94.............                               401.04 (compliance
                                                                                             date extension).
402...............  Application           7/1/02, 5/1/94, 4/5/  11/26/2010, 75 FR 72719
                     Procedures.           00,
                                           7/1/02.............
403...............  Permit Requirements   5/1/94..............  01/16/03, 68 FR 2217......
                     for Tier II Sources.

[[Page 513]]

 
404...............  Procedure for         4/11/06, 4/5/00, 5/1/ 11/26/2010, 75 FR 72719
                     Issuing Permits.      94,
                                           7/1/02.............
405...............  Conditions for Tier   5/1/94..............  01/16/03, 68 FR 2217......
                     II Operating
                     Permits.
406...............  Obligation to Comply  5/1/94..............  01/16/03, 68 FR 2217......
460...............  Requirements for      4/11/06, 4/5/00, 5/1/ 11/26/2010, 75 FR 72719
                     Emission Reduction    94.
                     Credits.
461...............  Requirements for      4/5/00..............  01/16/03, 68 FR 2217......
                     Banking Emission     5/1/94..............
                     Reduction Credits
                     (ERC's).
470...............  Permit Application    3/7/95..............  01/16/03, 68 FR 2217......
                     Fees for Tier II
                     Permits.
500...............  Registration          5/1/94..............  01/16/03, 68 FR 2217......
                     Procedures and
                     Requirements for
                     Portable Equipment.
510...............  Stack Heights and     5/1/94..............  01/16/03, 68 FR 2217......
                     Dispersion
                     Techniques.
511...............  Applicability.......  4/11/06.............  11/26/2010, 75 FR 72719
512...............  Definitions.........  4/11/06, 5/1/94, 4/5/ 11/26/2010, 75 FR 72719
                                           00.
513...............  Requirements........  4/11/06.............  11/26/2010, 75 FR 72719
514...............  Opportunity for       5/1/94..............  01/16/03, 68 FR 2217......
                     Public Hearing.
515...............  Approval of Field     5/1/94..............  01/16/03, 68 FR 2217......
                     Studies and Fluid
                     Models.
516...............  No Restriction on     5/1/94..............  01/16/03, 68 FR 2217......
                     Actual Stack Height.
550...............  Air Pollution         5/1/94..............  01/16/03, 68 FR 2217......
                     Emergency Rule.
551...............  Episode Criteria....  5/1/94..............  01/16/03, 68 FR 2217......
552...............  Stages..............  3/15/02.............  01/16/03, 68 FR 2217......
                                          5/1/94..............
553...............  Effect of Stages....  3/15/02.............  01/16/03, 68 FR 2217......
556...............  Criteria for          3/15/02.............  01/16/03, 68 FR 2217......
                     Defining Levels      4/5/00..............
                     Within Stages.
557...............  Public Notification.  5/1/94..............  01/16/03, 68 FR 2217......
558...............  Information To Be     3/15/02.............  01/16/03, 68 FR 2217......
                     Given.               5/1/94..............
559...............  Manner and Frequency  5/1/94..............  01/16/03, 68 FR 2217......
                     of Notification.
560...............  Notification to       4/11/06.............  11/26/2010, 75 FR 72719
                     Sources.
561...............  General Rules.......  4/11/06, 5/1/94, 3/   11/26/2010, 75 FR 72719
                                           15/02.
562...............  Specific Emergency    5/1/94..............  01/16/03, 68 FR 2217......
                     Episode Abatement
                     Plans for Point
                     Sources.
563...............  Transportation        3/30/01.............  04/12/01, 66 FR 18873.....
                     Conformity.
564...............  Incorporation by      3/30/01.............  04/12/01, 66 FR 18873.....
                     Reference.
565...............  Abbreviations.......  3/30/01.............  04/12/01, 66 FR 18873.....
566...............  Definitions for the   3/30/01.............  04/12/01, 66 FR 18873.....
                     Purpose of Sections
                     563 Through 574 and
                     582.
567...............  Agencies Affected by  3/30/01.............  04/12/01, 66 FR 18873.....
                     Consultation.
568...............  ICC Member Roles in   3/30/01.............  04/12/01, 66 FR 18873.....
                     Consultation.
569...............  ICC Member            3/30/01.............  04/12/01, 66 FR 18873.....
                     Responsibilities in
                     Consultation.
570...............  General Consultation  3/30/01.............  04/12/01, 66 FR 18873.....
                     Process.
571...............  Consultation          3/30/01.............  04/12/01, 66 FR 18873.....
                     Procedures.
572...............  Final Conformity      3/30/01.............  04/12/01, 66 FR 18873.....
                     Determinations by
                     USDOT.
573...............  Resolving Conflicts.  3/30/01.............  04/12/01, 66 FR 18873.....
574...............  Public Consultation   3/30/01.............  04/12/01, 66 FR 18873.....
                     Procedures.
575...............  Air Quality           4/11/06.............  11/26/2010, 75 FR 72719
                     Standards and Area
                     Classification.
576...............  General Provisions    5/1/94..............  01/16/03, 68 FR 2217......
                     for Ambient Air
                     Quality Standards.
577...............  Ambient Air Quality   5/1/94..............  01/16/03, 68 FR 2217......  (Except subsection
                     Standards for                                                           577.06).
                     Specific Air
                     Pollutants.

[[Page 514]]

 
578...............  Designation of        5/1/94..............  01/16/03, 68 FR 2217......
                     Attainment,
                     Unclassifiable, and
                     Nonattainment Areas.
579...............  Baselines for         4/5/00..............  01/16/03, 68 FR 2217......
                     Prevention of        5/1/94..............
                     Significant
                     Deterioration.
580...............  Classification of     4/5/00..............  01/16/03, 68 FR 2217......
                     Prevention of        5/1/94..............
                     Significant
                     Deterioration Areas.
581...............  Prevention of         4/11/06, 5/3/03, 7/1/ 11/26/2010, 75 FR 72719
                     Significant           97, 5/1/94.
                     Deterioration (PSD)
                     Increments.
582...............  Interim Conformity    3/30/01.............  04/12/01, 66 FR 18873.....
                     Provisions for
                     Northern Ada County
                     Former
                     Nonattainment Area
                     for PM-10.
600...............  Rules for Control of  4/2/08..............  8/1/08, 73 FR 44915.......  Previous EPA
                     Open Burning.                                                           Approval Date of 7/
                                                                                             11/05 removed in
                                                                                             response to 9th
                                                                                             Circuit remand.
601...............  Fire Permits,         4/2/08..............  8/1/08, 73 FR 44915.......  Previous EPA
                     Hazardous Materials                                                     Approval Date of 7/
                     and Liability.                                                          11/05 removed in
                                                                                             response to 9th
                                                                                             Circuit remand.
602...............  Nonpreemption of      4/2/08..............  8/1/08, 73 FR 44915.......  Previous EPA
                     Other Jurisdictions.                                                    Approval Date of 7/
                                                                                             11/05 removed in
                                                                                             response to 9th
                                                                                             Circuit remand.
603...............  General Restrictions  4/2/08,.............  8/1/08, 73 FR 44915.......  Previous EPA
                                          3/21/03,............                               Approval Date of 7/
                                          5/1/94..............                               11/05 removed in
                                                                                             response to 9th
                                                                                             Circuit remand.
606...............  Categories of         4/2/08..............  8/1/08, 73 FR 44915.......  Previous EPA
                     Allowable Burning.                                                      Approval Date of 7/
                                                                                             11/05 removed in
                                                                                             response to 9th
                                                                                             Circuit remand.
607...............  Recreational and      3/21/03.............  8/1/08, 73 FR 44915.......  Previous EPA
                     Warming Fires.                                                          Approval Date of 7/
                                                                                             11/05 removed in
                                                                                             response to 9th
                                                                                             Circuit remand.
608...............  Weed Control Fires..  5/1/94..............  8/1/08, 73 FR 44915.......  Previous EPA
                                                                                             Approval Date of 7/
                                                                                             11/05 removed in
                                                                                             response to 9th
                                                                                             Circuit remand.
609...............  Training Fires......  3/21/03.............  8/1/08, 73 FR 44915.......  Previous EPA
                                                                                             Approval Date of 7/
                                                                                             11/05 removed in
                                                                                             response to 9th
                                                                                             Circuit remand.
610...............  Industrial Flares...  3/21/03.............  8/1/08, 73 FR 44915.......  Previous EPA
                                                                                             Approval Date of 7/
                                                                                             11/05 removed in
                                                                                             response to 9th
                                                                                             Circuit remand.
611...............  Residential Solid     5/1/94..............  01/16/03, 68 FR 2217......
                     Waste Disposal
                     Fires.
612...............  Landfill Disposal     3/21/03.............  8/1/08, 73 FR 44915.......  Previous EPA
                     Site Fires.                                                             Approval Date of 7/
                                                                                             11/05 removed in
                                                                                             response to 9th
                                                                                             Circuit remand.
613...............  Orchard Fires.......  3/21/03,............  8/1/08, 73 FR 44915.......  Previous EPA
                                          5/1/94..............                               Approval Date of 7/
                                                                                             11/05 removed in
                                                                                             response to 9th
                                                                                             Circuit remand.
614...............  Prescribed Burning..  5/1/94..............  01/16/03, 68 FR 2217......
615...............  Dangerous Material    3/21/03.............  8/1/08, 73 FR 44915.......  Previous EPA
                     Fires.                                                                  Approval Date of 7/
                                                                                             11/05 removed in
                                                                                             response to 9th
                                                                                             Circuit remand.
616...............  Infectious Waste      3/21/03.............  8/1/08, 73 FR 44915.......  Previous EPA
                     Burning.                                                                Approval Date of 7/
                                                                                             11/05 removed in
                                                                                             response to 9th
                                                                                             Circuit remand.
617...............  Crop Residue........  4/2/08..............  8/1/08, 73 FR 44915.......
618...............  Permit By Rule......  4/2/08..............  8/1/08, 73 FR 44915.......
619...............  Registration for      4/2/08..............  8/1/08, 73 FR 44915.......
                     Permit By Rule.

[[Page 515]]

 
620...............  Registration Fee....  4/2/08..............  8/1/08, 73 FR 44915.......
621...............  Burn Determination..  4/2/08..............  8/1/08, 73 FR 44915.......
622...............  General Provisions..  4/2/08..............  8/1/08, 73 FR 44915.......
623...............  Public Notification.  4/2/08..............  8/1/08, 73 FR 44915.......
625...............  Visible Emissions...  4/2/08..............  8/1/08, 73 FR 44915.......
626...............  General Restrictions  4/5/00..............  01/16/03, 68 FR 2217......
                     on Visible
                     Emissions from
                     Wigwam Burners.
650...............  Rules for Control of  5/1/94..............  01/16/03, 68 FR 2217......
                     Fugitive Dust.
651...............  General Rules.......  3/30/07, 5/1/94.....  6/9/11, 76 FR 33647.......
665...............  Regional Haze Rules.  3/30/07.............  6/9/11, 76 FR 33647.......
666...............  Reasonable Progress   3/30/07.............  6/9/11, 76 FR 33647.......
                     Goals.
667...............  Long-Term Strategy    3/30/07.............  6/9/11, 76 FR 33647.......
                     for Regional Haze.
668...............  BART Requirement for  3/30/07.............  6/9/11, 76 FR 33647.......
                     Regional Haze.
675...............  Fuel Burning          4/5/00..............  01/16/03, 68 FR 2217......
                     Equipment--Particul
                     ate Matter.
676...............  Standards for New     5/1/94..............  01/16/03, 68 FR 2217......
                     Sources.
677...............  Standards for Minor   5/1/94..............  01/16/03, 68 FR 2217......
                     and Existing
                     Sources.
678...............  Combinations of       5/1/94..............  01/16/03, 68 FR 2217......
                     Fuels.
679...............  Averaging Period....  4/11/06, 5/1/94.....  11/26/2010, 75 FR 72719
680...............  Altitude Correction.  5/1/94..............  01/16/03, 68 FR 2217......
681...............  Test Methods and      4/5/00..............  01/16/03, 68 FR 2217......
                     Procedures.
700...............  Particulate Matter    5/3/03, 4/5/00......  11/26/2010, 75 FR 72719
                     Process Weight
                     Limitations.
701...............  Particulate Matter--  4/5/00..............  01/16/03, 68 FR 2217......
                     New Equipment
                     Process Weight
                     Limitations.
702...............  Particulate Matter--  4/5/00..............  01/16/03, 68 FR 2217......
                     Existing Equipment   5/1/94..............
                     Process Weight
                     Limitations.
703...............  Particulate Matter--  4/5/00..............  01/16/03, 68 FR 2217......
                     Other Processes.
725...............  Rules for Sulfur      5/8/09, 5/1/94......  11/26/2010, 75 FR 72719
                     Content of Fuels.
726...............  Definitions as Used   5/1/94..............  01/16/03, 68 FR 2217......
                     in Sections 727
                     Through 729.
727...............  Residual Fuel Oils..  5/1/94..............  01/16/03, 68 FR 2217......
728...............  Distillate Fuel Oil.  5/1/94..............  01/16/03, 68 FR 2217......
729...............  Coal................  5/1/94..............  01/16/03, 68 FR 2217......
785...............  Rules for Control of  5/1/94..............  01/16/03, 68 FR 2217......
                     Incinerators.
786...............  Emission Limits.....  4/5/00..............  01/16/03, 68 FR 2217......
787...............  Exceptions..........  3/23/98.............  01/16/03, 68 FR 2217......
805...............  Rules for Control of  5/1/94..............  01/16/03, 68 FR 2217......
                     Hot-mix Asphalt
                     Plants.
806...............  Emission Limits.....  5/1/94..............  01/16/03, 68 FR 2217......
807...............  Multiple Stacks.....  5/1/94..............  01/16/03, 68 FR 2217......
808...............  Fugitive Dust         5/1/94..............  01/16/03, 68 FR 2217......
                     Control.
815...............  Rules for Control of  5/1/94..............  01/16/03, 68 FR 2217......
                     Kraft Pulping Mills.
816...............  Statement of Policy.  5/1/94..............  01/16/03, 68 FR 2217......
817...............  General Rules.......  5/1/94..............  01/16/03, 68 FR 2217......
821...............  Recovery Furnace      5/1/94..............  01/16/03, 68 FR 2217......
                     Particulate
                     Standards.
822...............  Lime Kiln Standards.  5/1/94..............  01/16/03, 68 FR 2217......
823...............  Smelt Tank Standards  5/1/94..............  01/16/03, 68 FR 2217......
824...............  Monitoring and        4/5/00..............  01/16/03, 68 FR 2217......  (Except subsection
                     Reporting.           5/1/94..............                               824.01).
825...............  Special Studies.....  5/1/94..............  01/16/03, 68 FR 2217......
826...............  Exceptions..........  5/1/94..............  01/16/03, 68 FR 2217......
845...............  Rules for Control of  5/1/94..............  01/16/03, 68 FR 2217......
                     Sulfur Oxide
                     Emissions from
                     Sulfuric Acid
                     Plants.
846...............  Emission Limits.....  4/5/00..............  01/16/03, 68 FR 2217......
847...............  Monitoring and        4/5/00..............  01/16/03, 68 FR 2217......
                     Testing.
848...............  Compliance Schedule.  5/1/94..............  01/16/03, 68 FR 2217......
----------------------------------------------------------------------------------------------------------------

[[Page 516]]

 
                                           City and County Ordinances
----------------------------------------------------------------------------------------------------------------
City of Sandpoint   Material              02/22/94 (City        06/26/02, 67 FR 43006.....  Sandpoint PM10
 Ordinance No. 939.  Specifications for    adoption date).                                   Nonattainment Area
                     Street Sanding                                                          Plan.
                     Material.
City of Sandpoint   Solid Fuel Heating    02/21/95 (City        06/26/02, 67 FR 43006.....  Sandpoint PM10
 Ordinance No. 965.  Appliance Ordinance.  adoption date).                                   Nonattainment Area
                                                                                             Plan.
Ada County          The 1999 Motor        06/15/99 (County      10/28/02, 67 FR 65713.....  Northern Ada County
 Ordinance.          Vehicle Emissions     approval date).                                   CO Maintenance
                     Control Ordinance.                                                      Plan.
City of Boise       The 1999 Motor        07/20/99 (City        10/28/02, 67 FR 65713.....  Northern Ada County
 Ordinance.          Vehicle Emissions     approval date).                                   CO Maintenance
                     Control Ordinance.                                                      Plan.
City of Eagle       The 1999 Motor        04/27/99 (City        10/28/02, 67 FR 65713.....  Northern Ada County
 Ordinance.          Vehicle Emissions     approval date).                                   CO Maintenance
                     Control Ordinance.                                                      Plan.
City of Garden      The 1991 Vehicle      08/13/96 (Most        10/28/02, 67 FR 65713.....  Northern Ada County
 City Ordinance.     Emission Control      recently amended).                                CO Maintenance
                     Ordinance.                                                              Plan.
City of Meridian    The 1999 Motor        06/01/99 (City        10/28/02, 67 FR 65713.....  Northern Ada County
 Ordinance.          Vehicle Emissions     approval date).                                   CO Maintenance
                     Control Ordinance.                                                      Plan.
Boise City          Parking Permits.....  08/13/79 (City        06/06/85, 50 FR 23810.....  Transportation
 Ordinance 4432.                           approval date).                                   Control Plan for
                                                                                             carbon monoxide,
                                                                                             Ada County.
City of Garden      Solid Fuel Heating    05/14/87, 01/10/89,   05/30/96, 61 FR 27019.....  Northern Ada County
 City Ordinance      Appliance Ordinance   09/13/94 (City                                    PM10 Nonattainment
 514,533, and 624.   of the City of        approval dates).                                  Area Plan.
                     Garden City, Idaho.
Meridian Ordinance  Meridian Clean Air    08/16/94 (City        05/30/96, 61 FR 27019.....  Northern Ada County
 667.                Ordinance.            approval date).                                   PM10 Nonattainment
                                                                                             Area Plan.
City of Eagle       City of Eagle Clean   04/26/94 (City        05/30/96, 61 FR 27019.....  Northern Ada County
 Ordinance 245.      Air Ordinance.        approval date).                                   PM10 Nonattainment
                                                                                             Area Plan.
Ada County          Ada County Clean Air  11/03/92 (County      05/30/96, 61 FR 27019.....  Northern Ada County
 Ordinance 254.      Ordinance.            adoption date).                                   PM10 Nonattainment
                                                                                             Area Plan.
Table: Ordinance-1  Explanation of        12/30/94 (date of     05/30/96, 61 FR 27019.....  Northern Ada County
                     enforcement           table).                                           PM10 Nonattainment
                     procedures,                                                             Area Plan.
                     responsibilities
                     and sources of
                     funding for the
                     Northern Ada County
                     Wood Burning
                     Control Ordinances.
City of Pocatello   Residential wood      01/12/94............  07/13/06, 71 FR 39574.....  (Portneuf Valley
 Ordinance 2450.     combustion                                                              Nonattainment Area
                     curtailment                                                             Plan and
                     ordinance.                                                              Maintenance Plan).
City of Pocatello   Revised air quality   09/18/03............  07/13/06, 71 FR 39574.....  (Portneuf Valley
 Ordinance 2726.     curtailment levels.                                                     Nonattainment Area
                                                                                             Plan and
                                                                                             Maintenance Plan).
City of Chubbuck    Residential wood      11/23/93............  07/13/2006, 71 FR 39574...  (Portneuf Valley
 Ordinance 403.      combustion                                                              Nonattainment Area
                     curtailment                                                             Plan and
                     ordinance.                                                              Maintenance Plan).
City of Chubbuck    Revised air quality   12/9/03.............  07/13/06, 71 FR 39574.....  (Portneuf Valley
 Ordinance 582.      curtailment levels.                                                     Nonattainment Area
                                                                                             Plan and
                                                                                             Maintenance Plan).
----------------------------------------------------------------------------------------------------------------

[[Page 517]]

 
                                                 State Statutes
----------------------------------------------------------------------------------------------------------------
Section 1 of House  Open Burning of Crop  03/07/08............  8/1/08, 73 FR 44915.......  ....................
 Bill 557,           Residue.
 codified at Idaho
 Code section 39-
 114.
----------------------------------------------------------------------------------------------------------------

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

                               EPA-Approved Idaho Source-Specific Requirements \1\
----------------------------------------------------------------------------------------------------------------
                                     Permit       State effective
         Name of source              number            date             EPA approval date         Explanation
----------------------------------------------------------------------------------------------------------------
LP Wood Polymers, Inc.,              001-00115  07/12/02..........  10/27/03, 68 FR 61106...  The following
 Meridian, Idaho.                                                                              conditions: 1.1,
                                                                                               1.3, 3.1, and the
                                                                                               Appendix. (Boise/
                                                                                               Ada County
                                                                                               Maintenance
                                                                                               Plan).
Consolidated Concrete Company,       001-00046  12/03/01..........  10/27/03, 68 FR 61106...  The following
 Boise, Idaho.                                                                                 conditions: 1.1,
                                                                                               1.3, 2.3, 3.1,
                                                                                               3.2, and the
                                                                                               Appendix. (Boise/
                                                                                               Ada County
                                                                                               Maintenance
                                                                                               Plan).
Crookham Company, Caldwell,          027-00020  01/18/02..........  10/27/03, 68 FR 61106...  The following
 Idaho.                                                                                        conditions: 1.1,
                                                                                               1.3, 2.1, 2.3,
                                                                                               3.1, 3.1.1,
                                                                                               3.1.2, 3.2, and
                                                                                               the Appendix.
                                                                                               (Boise/Ada County
                                                                                               Maintenance
                                                                                               Plan).
Double D Service Center,             001-00168  02/04/02..........  10/27/03, 68 FR 61106...  The following
 Meridian, Idaho.                                                                              conditions: 1.1,
                                                                                               1.3, 3.1, 3.2.1,
                                                                                               3.2.2, 3.2.3, and
                                                                                               the Appendix.
                                                                                               (Boise/Ada County
                                                                                               Maintenance
                                                                                               Plan).
Plum Creek Northwest Lumber,         001-00091  07/12/02..........  10/27/03, 68 FR 61106...  The following
 Inc., Meridian, Idaho.                                                                        conditions: 1.1,
                                                                                               1.3, 2.1.2, 3.1,
                                                                                               and the Appendix.
                                                                                               (Boise/Ada County
                                                                                               Maintenance
                                                                                               Plan).
C. Wright Construction, Inc.,        T2-000033  07/08/03..........  10/27/03, 68 FR 61106...  The following
 Meridian, Idaho.                                                                              conditions: 2
                                                                                               (heading only),
                                                                                               2.5, (2.12, Table
                                                                                               2.2 as it applies
                                                                                               to PM10), 2.14, 3
                                                                                               (heading only),
                                                                                               3.3, Table 3.2,
                                                                                               3.4, 3.5, 3.6,
                                                                                               3.7, 3.8, 3.10, 4
                                                                                               (heading only),
                                                                                               4.2, 4.3, 4.4,
                                                                                               4.7, 5, and Table
                                                                                               5.1.(Boise/Ada
                                                                                               County
                                                                                               Maintenance
                                                                                               Plan).
Nelson Construction Co., Boise,      T2-020029  07/21/03..........  10/27/03, 68 FR 61106...  The following
 Idaho.                                                                                        conditions: 2
                                                                                               (heading only),
                                                                                               2.12, 2.14, 3
                                                                                               (heading only),
                                                                                               3.3, 3.4, 3.6,
                                                                                               3.7, 3.9, 3.10,
                                                                                               3.11, 3.12, 4
                                                                                               (heading only),
                                                                                               4.3, 4.4, 4.5,
                                                                                               4.6, 5, and Table
                                                                                               5.1. (Boise/Ada
                                                                                               County
                                                                                               Maintenance
                                                                                               Plan).
Mike's Sand and Gravel, Nampa,       001-00184  07/12/02..........  10/27/03, 68 FR 61106...  The following
 Idaho.                                                                                        conditions: 1.1,
                                                                                               1.3, 2.2.1, 3.1,
                                                                                               and the Appendix.
                                                                                               (Boise/Ada County
                                                                                               Maintenance
                                                                                               Plan).
Idaho Concrete Co., Eagle, Idaho     T2-020031  07/08/03..........  10/27/03, 68 FR 61106...  The following
                                                                                               conditions: 2
                                                                                               (heading only),
                                                                                               2.5, 2.13, 3
                                                                                               (heading only),
                                                                                               3.3, 3.4, 3.6,
                                                                                               3.7, 3.8, 4
                                                                                               (heading only),
                                                                                               and Table
                                                                                               4.1.(Boise/Ada
                                                                                               County
                                                                                               Maintenance
                                                                                               Plan).
Idaho Concrete Co., Eagle, Idaho     T2-020032  07/08/03..........  10/27/03, 68 FR 61106...  The following
                                                                                               conditions: 2
                                                                                               (heading only),
                                                                                               2.5, 2.13, 3
                                                                                               (heading only),
                                                                                               3.3, 3.4, 3.6,
                                                                                               3.7, 3.8, 4
                                                                                               (heading only),
                                                                                               and Table
                                                                                               4.1.(Boise/Ada
                                                                                               County
                                                                                               Maintenance
                                                                                               Plan).

[[Page 518]]

 
Idaho Concrete Co. Eagle, Idaho.     T2-020033  07/08/03..........  10/27/03, 68 FR 61106...  The following
                                                                                               conditions: 2
                                                                                               (heading only),
                                                                                               2.5, 2.13, 3
                                                                                               (heading only),
                                                                                               3.3, 3.4, 3.6,
                                                                                               3.7, 3.8, 4
                                                                                               (heading only),
                                                                                               and Table 4.1.
                                                                                               (Boise/Ada County
                                                                                               Maintenance
                                                                                               Plan).
The Amalgamated Sugar Company        027-00010  09/30/02..........  10/27/03, 68 FR 61106     The following
 LLC, Nampa, Idaho.                                                  and 11/01/04, 69 FR       conditions: 2
                                                                     63324.                    (heading only),
                                                                                               (2.7, Table 2.2
                                                                                               as it applies to
                                                                                               PM10,) 2.10,
                                                                                               2.10.1, 2.10.2,
                                                                                               2.11, 2.11.1,
                                                                                               2.11.2, 2.11.3,
                                                                                               2.11.4, 2.11.5,
                                                                                               2.12, 2.12.1,
                                                                                               2.12.2, 2.12.3,
                                                                                               2.13, 2.13.1,
                                                                                               2.13.2, 2.13.3,
                                                                                               2.14, 2.14.1,
                                                                                               2.14.2, 2.16, 3
                                                                                               (heading only),
                                                                                               (3.3, Table 3.2
                                                                                               as it applies to
                                                                                               PM10), 3.5, 3.7,
                                                                                               3.8, 3.8.1,
                                                                                               3.8.2, 3.8.3,
                                                                                               3.8.4, 3.8.5,
                                                                                               3.8.6, 3.8.7,
                                                                                               3.8.8, 3.9, 4
                                                                                               (heading only),
                                                                                               (4.3, Table 4.1
                                                                                               as it applies to
                                                                                               PM10), 4.5, 4.6,
                                                                                               4.7, 5 (heading
                                                                                               only), (5.3,
                                                                                               Table 5.3 as it
                                                                                               applies to PM10),
                                                                                               5.5, 5.9, 5.9.1,
                                                                                               5.9.2, 5.9.3,
                                                                                               5.9.4, 5.9.5,
                                                                                               5.9.6, 5.9.7,
                                                                                               5.9.8, 5.9.9,
                                                                                               5.10, 5.11, 6
                                                                                               (heading only),
                                                                                               6.3, Table 6.1,
                                                                                               6.5, 6.6, 6.7,
                                                                                               6.7.1, 6.7.2,
                                                                                               6.8, 7 (heading
                                                                                               only), 7.3, Table
                                                                                               7.1 as it applies
                                                                                               to PM10, 7.5,
                                                                                               7.7, 7.7.1,
                                                                                               7.7.2, 7.8, 8
                                                                                               (heading only),
                                                                                               8.3, Table 8.1,
                                                                                               8.5, 8.7, 8.7.1,
                                                                                               8.7.2, 8.8, 9
                                                                                               (heading only),
                                                                                               9.3, Table 9.1,
                                                                                               9.5, 9.7, 9.7.1,
                                                                                               9.7.2, 9.8, 10
                                                                                               (heading only),
                                                                                               10.3, Table 10.1,
                                                                                               10.6, 10.8,
                                                                                               10.8.1, 10.8.2,
                                                                                               10.9, 11 (heading
                                                                                               only), 11.3,
                                                                                               Table 11.2, 11.6,
                                                                                               11.8, 11.8.1,
                                                                                               11.8.2, 11.9, 12
                                                                                               (heading only),
                                                                                               12.3, Table 12.1,
                                                                                               12.5, 12.7,
                                                                                               12.7.1, 12.7.2,
                                                                                               12.8, 13 (heading
                                                                                               only), 13.1
                                                                                               (except as it
                                                                                               applies to
                                                                                               condition 13.3,
                                                                                               13.3.1, 13.3.2,
                                                                                               13.5, 13.5.1,
                                                                                               13.5.2, 13.5.3,
                                                                                               13.6, 13.6.1,
                                                                                               13.6.2 and 13.9),
                                                                                               Table 13.1
                                                                                               (except
                                                                                               conditions 13.3,
                                                                                               13.5 and 13.6),
                                                                                               (13.2, Table 13.2
                                                                                               as it applies to
                                                                                               PM10), 13.2.1,
                                                                                               13.4, 13.4.1,
                                                                                               13.4.2, 13.4.3,
                                                                                               13.7, 13.7.1,
                                                                                               13.7.2, 13.8,
                                                                                               13.8.1, 13.8.2,
                                                                                               13.8.3, 13.10,
                                                                                               and 13.11. (Boise/
                                                                                               Ada County PM10
                                                                                               Maintenance
                                                                                               Plan).
Lake Pre-Mix, Sandpoint, Idaho..     777-00182  05/17/96..........  06/26/02, 67 FR 43006...  The following
                                                                                               conditions for
                                                                                               the cement silo
                                                                                               vent: 1.1, 2.1.1,
                                                                                               2.1.2, 3.1.1, and
                                                                                               3.1.2. (Sandpoint
                                                                                               nonattainment
                                                                                               area plan).
Interstate Concrete and Asphalt,     017-00048  08/02/99..........  06/26/02, 67 FR 43006...  The following
 Sandpoint, Idaho.                                                                             conditions: for
                                                                                               the asphalt
                                                                                               plant, 2.2,
                                                                                               3.1.1, 4.1,
                                                                                               4.1.1, 4.1.2,
                                                                                               4.2.1 (as it
                                                                                               applies to the
                                                                                               hourly PM10
                                                                                               emission limit in
                                                                                               Appendix A),
                                                                                               4.2.2, 4.2.2.1,
                                                                                               4.2.2.2, and
                                                                                               4.2.2.3; for the
                                                                                               concrete batch
                                                                                               plant, 2.1,
                                                                                               3.1.1, 4.1,
                                                                                               4.1.1, and 4.1.2;
                                                                                               Appendix A (as it
                                                                                               applies to PM10
                                                                                               emission rates
                                                                                               after 7/1/96) and
                                                                                               Appendix B (as it
                                                                                               applies after 7/1/
                                                                                               96). (Sandpoint
                                                                                               nonattainment
                                                                                               area plan).

[[Page 519]]

 
Louisiana Pacific Corporation,       017-00003  10/31/01..........  06/26/02, 67 FR 43006...  The following
 Sandpoint, Idaho.                                                                             conditions: for
                                                                                               the Kipper and
                                                                                               Sons Hog Fuel
                                                                                               Boiler, 2.3 (as
                                                                                               it applies to
                                                                                               PM10), 2.5, 2.7,
                                                                                               2.13, 2.14, 2.17,
                                                                                               2.19; Natural Gas
                                                                                               Boilers, 3.2 (as
                                                                                               it applies to
                                                                                               PM10); Pneumatic
                                                                                               Conveyance, 4.2,
                                                                                               4.4, 4.7; Drying
                                                                                               Kilns, 5.2, 5.4,
                                                                                               5.5; Fugitive
                                                                                               Emission Sources,
                                                                                               6.5, 6.7, 6.13;
                                                                                               and the Appendix
                                                                                               (as it applies to
                                                                                               PM10).(Sandpoint
                                                                                               nonattainment
                                                                                               area plan).
Whiteman Lumber Company,           13-1420-062  7/16/79 (date       07/28/82, 47 FR 32530...  Silver Valley TSP
 Cataldo, ID.                                    issued).                                      Nonattainment
                                                                                               Area Plan.
Potlatch Corporation, Pulp and    13-1140-0001  07/05/79 (date      07/28/82, 47 FR 32530...  Lewiston TSP
 Paper Unit, Lewiston, ID.                 -00   issued).                                      Nonattainment
                                                                                               Area Plan.
Potlatch Corporation, Clearwater  13-1140-0003  07/05/79 (date      07/28/82, 47 FR 32530...  Lewiston TSP
 Unit, Lewiston, ID.                             issued).                                      Nonattainment
                                                                                               Area Plan.
Coast Trading Company, Inc.,      13-1140--001  06/29/79 (date      07/28/82, 47 FR 32530...  Lewiston TSP
 Lewiston, ID.                               1   issued).                                      Nonattainment
                                                                                               Area Plan.
Lewis-Clark Terminal              13-1140-0010  06/29/79 (date      07/28/82, 47 FR 32530...  Lewiston TSP
 Association, Lewiston, ID.                      issued).                                      Nonattainment
                                                                                               Area Plan.
Poe Asphalt, Lewiston, ID.......     0880-0008  03/01/76            07/28/82, 47 FR 32530...  Lewiston TSP
                                                 (effective date).                             Nonattainment
                                                                                               Area Plan.
FMC Corporation, Pocatello, ID    13-1260-0005  02/26/80 (date      07/28/82, 47 FR 32530...  Pocatello TSP
 \2\.                                            issued).                                      Nonattainment
                                                                                               Area Plan.
J.R. Simplot, Pocatello, ID.....  13-1260-0006  03/04/80 (date      07/28/82, 47 FR 32530...  Pocatello TSP
                                           -00   issued).                                      Nonattainment
                                                                                               Area Plan.
Idaho Portland Cement Company,    13-0080-0004  07/18/79 (date      07/28/82, 47 FR 32530...  Pocatello TSP
 Inkom, ID.                                -00   issued).                                      Nonattainment
                                                                                               Area Plan.
J.R. Simplot Company, Conda, ID.  13-0420-0021  07/18/79 (date      07/28/82, 47 FR 32530...  Soda Springs TSP
                                           -00   issued).                                      Nonattainment
                                                                                               Area Plan.
Beker Industries, Conda, ID.....  13-0420-0003  07/18/79 (date      07/28/82, 47 FR 32530...  Soda Springs TSP
                                           -00   issued).                                      Nonattainment
                                                                                               Area Plan.
Monsanto, Soda Springs, ID......  13-0420-0001  07/18/79 (date      07/28/82, 47 FR 32530...  Soda Springs TSP
                                           -00   issued).                                      Nonattainment
                                                                                               Area Plan.
Kerr McGee, Soda Springs, ID....  13-0420-0002  07/18/79 (date      07/28/82, 47 FR 32530...  Soda Springs TSP
                                           -00   issued).                                      Nonattainment
                                                                                               Area Plan.
J.R. Simplot, Pocatello, Idaho..           Air  04/5/2004.........  07/13/2006, 71 FR 39574.  The following
                                     Pollution                                                 conditions:
                                     Operating                                                Cover page,
                                    Permit No.                                                 facility
                                  T1-9507-114-                                                 identification
                                   1; Facility                                                 information only,
                                    Number No.                                                300
                                     077-00006                                                 Sulfuric Acid
                                                                                               Plant, Permit
                                                                                               Conditions 16.1,
                                                                                               16.10, 16.11,
                                                ..................                            400
                                                                                               Sulfuric Acid
                                                                                               Plant, Permit
                                                                                               Condition 17.1,
                                                                                               17.7, 17.10,
                                                                                               17.11,
                                                ..................                            Phosphoric acid
                                                                                               plant, Permit
                                                                                               Condition 12.3,
                                                                                               12.13,
                                                ..................                            Granulation No. 3
                                                                                               Process, Permit
                                                                                               Condition 9.2.1,
                                                                                               Granulation No. 3
                                                                                               stack, 9.17
                                                                                               (except 9.17.1
                                                                                               through 9.17.6),
                                                ..................                            Reclaim Cooling
                                                                                               Towers, Permit
                                                                                               Condition 14.2,
                                                                                               14.6.1,

[[Page 520]]

 
                                                ..................                            Babcock&Wilcox
                                                                                               Boiler, Permit
                                                                                               Condition 6.4,
                                                                                               6.12,
                                                ..................                            HPB&W Boiler,
                                                                                               Permit Condition
                                                                                               5.3, 5.13 through
                                                                                               5.18, 5.21.
J.R. Simplot, Pocatello, Idaho..    Compliance  04/16/2004........  07/13/2006, 71 FR 39574.  The following
                                   Agreement &                                                 conditions:
                                     Voluntary                                                No. 300 Sulfuric
                                   Order Idaho                                                 Acid Plant;
                                  Code 39-116A                                                 Condition 8 and
                                                                                               9.
                                                                                              No. 400 Sulfuric
                                                                                               Acid Plant;
                                                                                               Condition 10, 11,
                                                                                               and 12.
                                                                                              Granulation No.1
                                                                                               Plant; Condition
                                                                                               14.
                                                                                              Granulation No.2
                                                                                               Plant; Condition
                                                                                               15.
                                                                                              Compliance and
                                                                                               Performance
                                                                                               Testing;
                                                                                               Condition 16.
The Amalgamated Sugar Company     T2-2009.0105  09/07/10 (date      06/22/11, 76 FR 36329...  The following
 LLC--Nampa Factory, Nampa,                      issued).                                      conditions: 1.2
 Idaho.                                                                                        (including
                                                                                               table), 3
                                                                                               (heading only),
                                                                                               3.1, 3.2, 3.3,
                                                                                               3.4 (including
                                                                                               table), 3.6, 3.7,
                                                                                               3.8, 3.9, 3.10,
                                                                                               3.11, 3.12, 3.13,
                                                                                               3.15, 3.16, and
                                                                                               3.17. (Regional
                                                                                               Haze SIP
                                                                                               revision).
P4 Production, L.L.C. , Soda      T2-2009.0109  11/17/2009 (date    06/22/11, 76 FR 36329...  The following
 Springs, Idaho.                                 issued).                                      conditions: 1.2
                                                                                               (including Table
                                                                                               1.1), 2.3, 2.4,
                                                                                               2.5, 2.6, 2.7,
                                                                                               and 2.8.
                                                                                               (Regional Haze
                                                                                               SIP Revision).
----------------------------------------------------------------------------------------------------------------
\1\ EPA does not have the authority to remove these source-specific requirements in the absence of a
  demonstration that their removal would not interfere with attainment or maintenance of the NAAQS, violate any
  prevention of significant deterioration increment or result in visibility impairment. Idaho Department of
  Environmental Quality may request removal by submitting such a demonstration to EPA as a SIP revision.
\2\ Only a small portion of this facility is located on State lands. The vast majority of the facility is
  located in Indian Country. It is EPA's position that unless EPA has explicitly approved a program as applying
  in Indian country, State or local regulations or permits are not effective within the boundaries of that
  Indian country land for purposes of complying with the CAA. 68 FR 2217, 2220 (January 16, 2003).

    (e) EPA Approved Nonregulatory provisions and Quasi-Regulatory 
Measures.

                    EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                      Applicable
      Name of SIP provision          geographic or      State submittal    EPA approval date       Comments
                                  nonattainment area         date
----------------------------------------------------------------------------------------------------------------
Chapter I--Introduction.........  State-wide........  01/15/80..........  07/28/82, 47 FR
                                                                           32530.
Chapter II--Administration......  State-wide........  01/15/80..........  07/28/82, 47 FR
                                                                           32530.
Chapter III--Emission Inventory.  State-wide........  01/15/80, 02/14/80  07/28/82, 47 FR
                                                                           32530.
Chapter IV--Air Quality           State-wide........  01/15/80..........  07/28/82, 47 FR
 Monitoring.                                                               32530.
Chapter V--Source Surveillance..  State-wide........  01/15/80..........  07/28/82, 47 FR
                                                                           32530.
Chapter VI--Emergency Episode     State-wide........  01/15/80..........  07/28/82, 47 FR
 Plan.                                                                     32530.
----------------------------------------------------------------------------------------------------------------
                                     Chapter VIII--Nonattainment Area Plans
----------------------------------------------------------------------------------------------------------------
Chapter VIII-a..................  Silver Valley TSP   01/15/80..........  07/28/82, 47 FR
                                   Nonattainment                           32530.
                                   Area Plan.
Chapter VIII-b..................  Lewiston TSP        01/15/80, 12/04/    07/28/82, 47 FR
                                   Nonattainment       80, and 02/05/81.   32530.
                                   Area Plan.
Chapter VIII-c..................  Transportation      05/24/84, 01/03/    7/28/82, 47 FR
                                   Control Plan for    85, 03/25/85, and   32530, 06/06/85,
                                   carbon monoxide,    06/29/94.           50 FR 23810, and
                                   Ada County.                             12/1/94, 59 FR
                                                                           61546.
Chapter VIII-d..................  Pocatello TSP       03/07/80 and 02/05/ 07/28/82, 47 FR
                                   Nonattainment       81.                 32530.
                                   Area Plan.
Chapter VIII-e..................  Soda Springs TSP    01/15/80..........  07/28/82, 47 FR
                                   Nonattainment                           32530.
                                   Area Plan.
Chapter VIII-f..................  Pinehurst PM-10     04/14/92..........  08/25/94, 59 FR
                                   Nonattainment                           43745.
                                   Area Plan.

[[Page 521]]

 
Chapter VIII-g..................  Northern Ada        11/14/91, 12/30/    05/30/96, 61 FR
                                   County PM10         94, and 7/13/95.    27019.
                                   Nonattainment
                                   Area Plan.
Chapter VIII-h..................  Sandpoint PM10      08/16/96..........  06/26/02, 67 FR
                                   Nonattainment                           43006.
                                   Area Plan.
Chapter VIII-i..................  Northern Ada        01/17/02..........  10/28/02, 67 FR
                                   County CO Limited                       65713.
                                   Maintenance Plan.
Chapter VIII-j..................  Ada County/Boise    09/27/02, 07/10/    10/27/03, 68 FR
                                   Idaho PM-10         03, and 07/21/03.   61106.
                                   Maintenance Plan.
Chapter IX--Reserved............
Chapter X--Plan for Maintenance   State-wide........  02/03/84..........  06/04/84 (EPA
 of National Ambient Air Quality                                           effective date).
 Standards for Lead.
Small Business Assistance         State-wide........  01/03/94..........  09/19/94, 59 FR
 Program.                                                                  47801.
Appendix A--Legal Authority and   State-wide........  01/15/80..........  07/28/82, 47 FR
 Other Administrative Matters.                                             32530.
Appendix A.2--Idaho               State-wide........  03/15/01..........  01/16/03, 68 FR
 Environmental Protection and                                              2217.
 Health Act, Idaho Code Section
 39-101 et seq.
Four sections of Appendix A.3--   State-wide........  05/17/94..........  01/16/03, 68 FR     IDAPA 58.01.01000
 Rules and Regulations for                                                 2217.               (legal
 Control of Air Pollution in                                                                   authority),
 Idaho--that were approved but                                                                 58.01.01002
 not incorporated by reference                                                                 (written
 in section (c).                                                                               interpretations),
                                                                                               58.01.01003
                                                                                               (administrative
                                                                                               appeals), and
                                                                                               58.01.01128
                                                                                               (confidential
                                                                                               business
                                                                                               information).
Open Burning of Crop Residue      State-wide........  5/28/08...........  8/1/08, 73 FR       ..................
 State Implementation Plan                                                 44915.
 Revision.
Interstate Transport State        State-wide........  06/28/2010........  11/26/2010, 75 FR   For the 1997 8-
 Implementation Plan, May 11,                                              72705.              hour ozone NAAQS
 2010 (see comments).                                                                          and the 1997
                                                                                               PM[ihel2].[ihel5]
                                                                                               NAAQS. See docket
                                                                                               EPA-R10-OAR-2010-
                                                                                               0669.
Regional Haze SIP Revision......  State-wide........  10/25/10..........  06/22/11, 76 FR     The portion of the
                                                                           36329.              Regional Haze SIP
                                                                                               revision relating
                                                                                               to BART, the
                                                                                               calculation of
                                                                                               baseline and
                                                                                               natural
                                                                                               conditions, and
                                                                                               the statewide
                                                                                               inventory of
                                                                                               emissions of
                                                                                               pollutants that
                                                                                               are reasonably
                                                                                               anticipated to
                                                                                               cause or
                                                                                               contribute to
                                                                                               visibility
                                                                                               impairment in any
                                                                                               mandatory Class I
                                                                                               Federal Area.
----------------------------------------------------------------------------------------------------------------


[70 FR 3481, Jan. 25, 2005, as amended at 70 FR 39661, July 11, 2005; 70 
FR 58312, Oct. 6, 2005; 71 FR 39577, July 13, 2006; 73 FR 44919, Aug. 1, 
2008; 75 FR 72718, 72724, Nov. 26, 2010; 76 FR 33653, June 9, 2011; 76 
FR 36338, June 22, 2011]

[[Page 522]]



Sec. 52.671  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                    Pollutants
                                 -------------------------------------------------------------------------------
   Air quality control region        Particulate       Sulfur
                                       matter          oxides     Nitrogen dioxide  Carbon monoxide     Ozone
----------------------------------------------------------------------------------------------------------------
Eastern Idaho Intrastate........  I...............  II..........  III.............  III............  III.
Eastern Washington Northern       I...............  II..........  III.............  III............  III.
 Idaho Interstate (Idaho).
Idaho Intrastate................  I...............  III.........  III.............  III............  III.
Metropolitan Boise Intrastate...  II..............  III.........  III.............  I..............  III.
----------------------------------------------------------------------------------------------------------------


[37 FR 10861, May 31, 1972, as amended at 45 FR 70261, Oct. 23, 1980; 47 
FR 32534, July 28, 1982]



Sec. 52.672  Approval of plans.

    (a) Carbon Monoxide. (1) EPA approves as a revision to the Idaho 
State Implementation Plan, the Limited Maintenance Plan for the Northern 
Ada County Carbon Monoxide Not-Classified Nonattainment Area, submitted 
by the State on January 17, 2002.
    (2) [Reserved]
    (b) Lead. [Reserved]
    (c) Nitrogen Dioxide. [Reserved]
    (d) Ozone. [Reserved]
    (e) Particulate Matter. (1) EPA approves as a revision to the Idaho 
State Implementation Plan, the Northern Ada County PM10 SIP 
Maintenance Plan, adopted by the State on September 26, 2002.
    (2) [Reserved]
    (f) Sulfur Dioxide. [Reserved]
    (g) Visibility protection. (1) EPA approves portions of a Regional 
Haze SIP revision submitted by the Idaho Department of Environmental 
Quality on October 25, 2010, as meeting the requirements of Clean Air 
Act section 169A and 40 CFR 51.308(e) regarding Best Available Retrofit 
Technology. The SIP revision also meets the requirements of 40 CFR 
51.308(d)(2) and (4)(v) regarding the calculation of baseline and 
natural conditions for Craters of the Moon National Monument, Sawtooth 
Wilderness Area, and Selway-Bitterroot Wilderness Area and the statewide 
inventory of emissions of pollutants that are reasonably anticipated to 
cause or contribute to visibility impairment in any mandatory Class I 
Federal Area. The SIP revision also meets the requirements of Clean Air 
Act section 110(a)(2)(D)(i)(II) as it applies to visibility for the 1997 
8-hour ozone NAAQS and 1997 PM2.5 NAAQS.
    (2) [Reserved]

[67 FR 65718, Oct. 28, 2002, as amended at 68 FR 61110, Oct. 27, 2003; 
76 FR 36339, June 22, 2011]



Sec. 52.673  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Idaho's plan for the attainment and maintenance of the national 
standards.



Sec. 52.674  [Reserved]



Sec. 52.675  Control strategy: Sulfur oxides--Eastern Idaho Intrastate Air 

Quality Control Region.

    (a)(1) Regulation R of the Rules and Regulations for the Control of 
Air Pollution in Idaho, which is part of the sulfur dioxide 
(SO2) control strategy, is disapproved since it is 
inconsistent with the purposes and provisions of subpart G of this 
chapter. These requirements are not met by Regulation R in that the 
SO2 control strategy contained therein is not adequate for 
the attainment and maintenance of SO2 national ambient air 
quality standards (NAAQS).
    (2) Rules 1-1801 through 1-1804 (Rules for Control of Sulfur Oxide 
Emissions from Sulfuric Acid Plants) of the ``Rules and Regulations for 
the Control of Air Pollution in Idaho'' are inadequate to ensure 
attainment and maintenance of Sulfur Dioxide National Ambient Air 
Quality Standards in the Eastern Idaho Intrastate Air Quality Control 
Region. Special limits have previously been established for certain 
existing acid plants in this Air Quality Control Region (Sec. Sec. 
52.670(c)(15) and 52.675(b)). Therefore, Rules 1-1801 through 1-1804 are 
approved except as they apply to existing acid plants with

[[Page 523]]

approved or promulgated emission limits that are more stringent than the 
limit found in 1-1802.
    (b) Regulation for control of sulfur dioxide (SO2) 
emissions: Sulfuric Acid Plants. (1) The provisions of this paragraph 
shall apply to the owner(s) and operator(s) of The J. R. Simplot 
Company's Minerals and Chemical Division, located in Power County, 
Idaho, in the Eastern Idaho Intrastate Air Quality Control Region.
    (2) The owner(s) and operator(s) of The J. R. Simplot Company 
facility shall utilize best engineering techniques in the operation of 
their plant to prevent fugitive SO losses. Such techniques shall include 
but are not limited to:
    (i) Operating and maintaining all conducts, flues, and stacks in a 
leakfree condition.
    (ii) Operating and maintaining all process equipment and gas 
collection systems in such a fashion that leakage of SO2 
gases will be prevented to the maximum extent possible.
    (3) The owner(s) and operator(s) of The J. R. Simplot Company 
facility shall limit SO2 emissions from their sulfuric acid 
plants per the following:
    (i) The combined SO2 emissions from the designated 100 
and 200 sulfric acid plants shall not exceed 2 kilograms (kg) per metric 
ton (4 pounds per ton) of 100 percent sulfuric acid produced.
    (ii) The SO2 emissions from the designated 300 sulfuric 
acid plant and stack shall not exceed 994 kg per hour (2190 pounds per 
hour).
    (4) (i) The owner(s) and operator(s) of The J. R. Simplot Company 
shall achieve compliance with the requirements specified in paragraphs 
(b)(2) and (b)(3) of this section in accordance with the following 
schedule:
    (A) Advise EPA as to status of contract(s) and construction 
schedules for pollution abatement projects within 30 days of the 
effective date of this regulation.
    (B) Attain final compliance by July 31, 1976.
    (ii) A performance test of the 300 acid plant shall be necessary to 
determine whether compliance has been achieved with the requirements of 
paragraph (b)(3) of this section. Such test must be completed within 15 
days of the final compliance date specified in paragraph (b)(4)(i) of 
this section. Notice must be given to the Administrator at least 10 days 
prior to such a test to afford him an opportunity to have an observer 
present.
    (iii) Within 60 days after achieving the maximum production rate at 
which the 100 and 200 acid plant will be operated, but not later than 
180 days after initial start-up of these plants and at such other times 
as may be required by the Administrator under section 114 of the Clean 
Air Act, the owner(s) and operator(s) of the facility shall conduct 
performance test(s) in accordance with the requirements of 40 CFR 60.8.
    (iv) If the owner(s) and operator(s) of the J. R. Simplot Company 
facility are presently in compliance with the requirements of paragraphs 
(b)(2) and (b)(3) of this section or in compliance with a portion of 
these requirements, such compliance shall be certified to the 
Administrator within 15 days following the date of the publication of 
these requirements as a final regulation in the Federal Register. If the 
owner(s) or operator(s) of The J. R. Simplot Company achieve compliance 
prior to July 31, 1976, such compliance shall be certified to the 
Administrator within 15 days of the date of achieving compliance. The 
Administrator may request whatever supporting information he considers 
necessary to determine the validity of the certification.
    (5) (i) By no later than September 30, 1976, the owner(s) and 
operator(s) of The J. R. Simplot Company facility shall install, 
calibrate, maintain and operate measurement system(s) for:
    (A) Continuously monitoring and recording SO2 
concentration rates in each sulfuric acid plant discharge stack per the 
requirements of 40 CFR 60.13 and 60.84.
    (B) Continuously monitoring and recording gas volumetric flow rates 
in the exhaust stack of the designated 300 sulfuric acid plant.
    (ii) By no later than October 30, 1976, and at such other times 
following that date as the Administrator may specify, the SO2 
concentration measurement system(s) and stack gas volumetric flow rate 
system(s) installed and used pursuant to this paragraph shall be

[[Page 524]]

demonstrated to meet the measurement system performance specifications 
prescribed in 40 CFR 60.13 and Appendix E to this part, respectively. 
The Administrator shall be notified at least 10 days prior to the start 
of this field test period to afford the Administrator the opportunity to 
have an observer present.
    (iii) The sampling point for monitoring the concentration of 
SO2 emissions shall be in the duct at the centroid of the 
cross section of the discharge stack if the cross sectional area is less 
than 4.65 m\2\ (50 ft\2\) or at a point no closer to the wall than 0.91 
m (3 ft) if the cross sectional area is 4.65 m\2\ (50 ft\2\) or more. 
The monitor sample point shall be representative of the average 
concentration in the duct.
    (iv) The measurement system(s) shall be maintained, operated and 
calibrated in accordance with the methods prescribed by the 
manufacturers. Records of maintenance and/or calibration shall be kept 
and submitted to the Administrator upon request. These records shall 
clearly show instrument readings before and after such calibration and/
or maintenance.
    (v) The owner(s) and operator(s) of The J. R. Simplot Company 
facility shall maintain a daily record of three hour average emission 
rate measurements for each sulfuric acid plant. Three hour average 
emission rates shall be calculated for each day beginning at midnight. 
For the 100 and 200 acid plants, the calculations shall be in 
conformance with 40 CFR 60.84. For the 300 acid plant, average 
SO2 emission rates expressed in kg SO2 per hour 
shall be calculated. The results of these calculations for each month 
shall be submitted to the Administrator within 15 days following the end 
of each month. Such submission shall identify each period of excess 
emissions that occurred and the nature and cause of any malfunction (if 
known), the corrective action taken or preventative measures adopted. 
The records of such measurements including strip charts and other 
appropriate raw data shall be retained for a minimum of two years 
following the date of such measurements.
    (vi) The continuous monitoring and recordkeeping requirements of 
paragraph (b)(5) of this section shall become applicable September 30, 
1976.
    (6)(i) Compliance with the requirements set forth in paragraph 
(b)(3) of this section shall be determined using the emission rates 
measured by the continuous measurement system(s) installed, calibrated, 
maintained and operated in accordance with the requirements of paragraph 
(b)(5) of this section.
    (ii) At the Administrator's discretion, compliance may also be 
determined using the manual source test methods per 40 CFR 60.85 and 
Appendix A to part 60 of this title. Emission rates for each stack shall 
be expressed in units consistent with those in paragraph (b)(3) of this 
section.
    (iii) A violation of the requirements of paragraph (b)(3) of this 
section shall occur whenever the SO2 emission rates 
determined according to paragraph (b)(6)(i) or (b)(6)(ii) of this 
section exceed the corresponding SO2 emission rates specified 
in paragraph (b)(3) of this section.
    (7) The owner(s) and operator(s) of The J. R. Simplot Company 
facility shall by September 30, 1976, install, calibrate, maintain and 
operate a network for continuously monitoring ground level ambient 
SO2 concentrations and wind speed and direction.
    (i) The monitoring network shall consist of at least four ambient 
SO2 monitoring stations and one meteorological station placed 
at locations approved by the Administrator.
    (ii) The SO2 monitoring network shall be consistent with 
automated equivalent methods for measurement of ambient concentrations 
of SO2 as defined in part 53 of this chapter.
    (iii) The monitoring network installed and used pursuant to this 
subparagraph shall be maintained, operated and calibrated in accordance 
with the methods prescribed by the manufacturers. Records of maintenance 
and/or calibration shall be kept and submitted to the Administrator upon 
request. These records shall clearly show instrument readings before and 
after such calibration and/or maintenance.
    (iv) The owner(s) and operator(s) of The J. R. Simplot Company 
facility shall maintain a daily record of all

[[Page 525]]

measurements required by this subparagraph. Strip charts and other raw 
data from the monitoring network shall be retained for a minimum of two 
years following the date of such measurement.
    (v) The owner(s) and operator(s) of The J. R. Simplot Company shall 
calculate hourly average ambient SO2 concentrations, wind 
speed, and wind direction from each monitoring station and submit such 
values to the Administrator within 15 days following the end of each 
month.
    (vi) The continuous monitoring and recordkeeping requirements of 
paragraph (b)(7) of this section shall become applicable September 30, 
1976 and shall remain applicable until such time as the Administrator 
declares that an adequate ambient air data base has been established, 
which shall be no earlier than at least one calendar year.
    (vii) Within 90 days of the Administrator's declaration of an 
adequate data base, Simplot shall submit to the Administrator a 
technical analysis of the degree of permanent control required on the 
300 acid plant to ensure attainment and maintenance of NAAQS.
    (8) Nothing in paragraph (b) of this section shall be construed to 
relieve the owner(s) and operator(s) of The J. R. Simplot Company to 
comply with any applicable requirements of part 60 of this title. In the 
event of conflicting requirements or interpretations between part 60 of 
this title and this paragraph, the more restrictive interpretation or 
requirement shall apply.
    (9) In the event that measurement systems cannot be installed and 
operational by the date specified in this section, The J. R. Simplot 
Company shall propose the earliest possible date by which such 
requirements can be met. Such proposal shall include adequate 
justification and supporting documentation.

[41 FR 23202, June 9, 1976, as amended at 47 FR 32534, July 28, 1982; 51 
FR 40676, Nov. 7, 1986]



Sec. 52.676  [Reserved]



Sec. 52.677  Original identification of plan section.

    (a) This section identifies the original ``Idaho Air Quality 
Implementation Plan'' and all revisions submitted by Idaho that were 
federally approved prior to November 12, 2004.
    (b) The plan was officially submitted on January 31, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Miscellaneous additions (compliance schedules and non-regulatory 
provisions) to the plan submitted on February 23, 1972, by the Idaho Air 
Pollution Control Commission.
    (2) Request for delegation of legal authority submitted on March 2, 
1972, by the Governor.
    (3) Compliance schedules submitted on April 12, 1972, by the 
Governor.
    (4) Request for an 18-month extension for particulate matter in all 
AQCR's submitted on May 5, 1972, by the Governor.
    (5) Miscellaneous additions (Non-regulatory) to the plan submitted 
on May 26, 1972, by the Idaho Air Pollution Control Commission.
    (6) Appendices D and E of the plan submitted on June 9, 1972, by the 
Governor.
    (7) Revisions to the Rules and Regulations for the Control of Air 
Pollution in Idaho submitted on February 15, 1973, by the Governor.
    (8) Compliance schedules submitted on July 23, 1973, by the 
Governor.
    (9) Amendment to Chapter IX of the plan to provide for review of 
indirect sources and a new Chapter XIV which sets forth the control 
strategy for attaining secondary particulate matter standards on October 
16, 1973, by the Governor.
    (10) Revisions to 1972 Session Laws, Chapter 347; 1973 Session Laws, 
Chapter 87, 136, 137, 138, 139, and 143; Chapters 18 and 52, Idaho Code; 
and the accompanying Attorney General's opinion submitted August 15, 
1973, by the Governor.
    (11) A new section 4 of Regulation A (General Provisions) and 
revised Regulation T (Air Pollution Sources Permits) of the Rules and 
Regulations for the Control of Air Pollution in Idaho

[[Page 526]]

(Chapter VII of the plan), an addition to Chapter XI of the plan to 
include administrative procedures for indirect source review, and 
compliance schedules submitted on July 1, 1974, by the Governor.
    (12) Air quality maintenance area designation submitted on June 11, 
1974, by the Idaho Department of Environmental and Community Services.
    (13) An amendment to Regulation C (Ambient Air Quality Standards) 
and Regulation S (Control of Sulfur Oxide Emissions from Combined Lead/
Zinc Smelters) of the Rules and Regulations for the Control of Air 
Pollution in Idaho and revisions to Chapter IV and Appendix F of the 
Implementation Plan submitted on January 10, 1975, by the Governor.
    (14) Revised sections 2 and 6 of Regulation A (General Provisions) 
of the Rules and Regulations for the Control of Air Pollution in Idaho 
submitted on January 24, 1975, by the Governor.
    (15) Consent Order for Beker Industries submitted on July 28, 1975 
by the Governor.
    (16) On January 15, 1980 the Governor submitted the transportation 
portion of the Boise-Ada County carbon monoxide plan.
    (17) On July 1, 1980 the Governor submitted a SIP revision 
containing a variance from the indirect source regulation for an urban 
renewal project located in downtown Boise, as well as an adjustment to 
the TCP which had been submitted to EPA in January 1980.
    (18) On February 14, 1980 the State of Idaho Department of Health 
and Welfare submitted a plan revision to meet the requirements of Air 
Quality Monitoring 40 CFR part 58, subpart C, Sec. 58.20.
    (19) Revisions to the ``Implementation Plan for the Control of Air 
Pollution in the State of Idaho'' submitted by the Governor of Idaho on 
January 15, 1980: Chapter I ``Introduction;'' Chapter II ``General 
Administration;'' Chapter III ``Emissions Inventory;'' Chapter IV ``Air 
Quality Monitoring;'' Chapter V ``Source Surveillance;'' Chapter VI 
``Emergency Episode Plan;'' Chapter VII ``Approval Procedures for New 
and Modified Sources;'' Chapter VIII ``Non-Attainment Area Plans;'' 
Chapter VIII-a ``Silver Valley Non-Attainment Plan;'' Chapter VIII-e 
``Soda Springs Non-Attainment Plan;'' Appendix A.2 Legal Authority 
(Section 39-100, Idaho Code); Appendix A.3, Title I, Chapter I, Rules 
and Regulations for the Control of Air Pollution in Idaho, except 
indirect source review provisions (1-1002.37, 1-1002.76 and 1-1004), 
variance provisions (1-1007 and 1-1904) and ``Sulfur Dioxide Emission 
Limitations for Combined Zinc and Lead Smelters'' (1-1851 through 1-
1868); Appendix B ``Emission Inventory, Ada County Carbon Monoxide Non-
Attainment Area;'' Appendix G ``Permits--Silver Valley'' (six permits); 
and Appendix K ``Permits--Soda Springs'' (four permits).
    (20) Chapter VIII-b ``Lewiston Non-Attainment Plan'' submitted by 
the Governor of Idaho on January 15, 1980. On December 4, 1980, the 
Governor submitted revised pages 31-39, an operating permit for a kraft 
pulp and paper mill (Appendix H.1), operating permits for two grain 
loading terminals (Appendices H.3 and H.4), and an operating permit for 
an asphalt plant (Appendix H.5). On February 5, 1981 the Governor 
further revised the nonattainment area plan by submitting a permit for a 
wood products operation (Appendix H.2).
    (21) Chapter VIII-d ``Pocatello TSP Non-Attainment Plan'' submitted 
by the Governor of Idaho on March 7, 1980. This submittal included 
operating permits for an elemental phosphorus plant (Appendix J.1), a 
phosphate fertilizer manufacturing plant (Appendix J.2), and a Portland 
cement plant (Appendix J.3). On February 5, 1981, the Governor submitted 
a revised Chapter VIII-d.
    (22) On February 3, 1984 the State of Idaho Department of Health and 
Welfare submitted a revision to add a lead maintenance strategy to the 
Idaho Implementation Plan.
    (23) On May 29, 1984, the State of Idaho Department of Health and 
Welfare submitted the Boise-Ada County carbon monoxide attainment plan 
as an official State Implementation Plan revision. The submittal was 
then supplemented on January 3, 1985.
    (24) A revised Chapter VII Approval Procedures for New and Modified 
Facilities; revised sections 1-1002, 1-1012, 1-1013, 1-1014, and 1-1101 
of Appendix A. 3 ``Title 1, Chapter 1, Rules and Regulations for the 
Control of Air Pollution in

[[Page 527]]

Idaho Manual;'' and the repeal of sections 1-1003, 1-1102 through 1-
1112, and 1-1900 through 1-1906 of Appendix A. 3 ``Title 1, Chapter 1, 
Rules and Regulations for the Control of Air Pollution in Idaho 
Manual;'' of the Implementation Plan for the Control of Air Pollution in 
the State of Idaho, submitted by the Director of the State of Idaho 
Department of Health and Welfare on April 19, 1985. (Sections 1-1003, 1-
1102 through 1-1112, and 1-1900 through 1-1906 of Appendix A. 3 ``Title 
1, Chapter 1, Rules and Regulations for the Control of Air Pollution in 
Idaho Manual'' were previously approved by EPA at 40 CFR 52.670(c)(19).) 
An April 3, 1986, commitment letter from the Director of the State of 
Idaho Department of Health and Welfare regarding stack height 
provisions.
    (i) Incorporation by reference. (A) Revised sections 1-1002, 1-1012, 
1-1013, 1-1014, and 1-1101 of Appendix A. 3, ``Title 1, Chapter 1, Rules 
and Regulations for the Control of Air Pollution in Idaho Manual'' of 
the Implementation Plan for the Control of Air Pollution in the State of 
Idaho, as adopted by the Idaho Board of Health and Welfare on November 
1, 1984. An April 3, 1986, commitment letter from the Director of the 
State of Idaho Department of Health and Welfare regarding stack height 
provisions.
    (ii) Other materials. (A) Revised Chapter VII Approval Procedures 
for New and Modified Facilities of the Implementation Plan for the 
Control of Air Pollution in the State of Idaho, submitted by the 
Director of the Idaho Department of Health and Welfare on April 19, 
1985. (This revised chapter replaces an earlier version which was 
approved by EPA and incorporated by reference at 40 CFR 52.670(c)(19).)
    (B) Sections 1-1003, 1-1102 through 1-1112, and 1-1900 through 1-
1906 of Appendix A. 3 ``Title 1, Chapter 1, Rules and Regulations for 
the Control of Air Pollution in Idaho,'' of the Implementation Plan for 
the Control of Air Pollution in the State of Idaho, repealed by the 
Idaho Board of Health and Welfare on November 1, 1984. (These sections, 
noted as repealed, replace the earlier versions which were approved by 
EPA and incorporated by reference at 40 CFR 52.670(c)(19).)
    (25) On March 27, 1987, the State of Idaho Department of Health and 
Welfare submitted revised rules regulating the use of stack heights and 
dispersion techniques (section 16.01.1002.94 and section 16.01.1014) as 
revisions to the Idaho state implementation plan. Additional revisions 
included clarifications to section 16.01.1009 (Total Compliance), and 
section 16.01.1201.03 (Visible Emissions-Exception).
    (i) Incorporation by reference. (A) March 27, 1987 letter from the 
State of Idaho Department of Health and Welfare to EPA, Region 10.
    (B) Section 16.01.1002.94 (Stack), section 16.01.1014 (Stack Heights 
and Dispersion Techniques), section 16.01.1009 (Total Compliance) and 
section 16.01.1201.03 (Visible Emissions-Exception) adopted by the State 
of Idaho Department of Health and Welfare on February 11, 1987.
    (26) On June 15, 1990, the Administrator of the Idaho Department of 
Health and Welfare submitted amendments to State of Idaho's Rules and 
Regulations for the Control of Air Pollution in Idaho Manual as 
revisions to the Idaho state implementation plan as follows: Idaho 
Administrative Procedures Act, Section 16.01.01002 Definitions, Section 
16.01.01012 Procedures and Requirements for Permits to Construct and 
Operating Permits, and Section 16.01.01101 Air Quality Standards and 
Area Classification.
    (27) On September 4, 1992, the Administrator of the Idaho Department 
of Health and Welfare submitted a revised and recodified Rules and 
Regulations for the Control of Air Pollution in Idaho Manual (Idaho 
Administrative Procedures Act Sections 16.01.01000 through 16.01.01999) 
as a revision to the Idaho state implementation plan.
    (i) Incorporation by reference. (A) June 15, 1990, letter from the 
Administrator of the Idaho Department of Health and Welfare to EPA 
Region 10 submitting amendments to the Idaho state implementation plan.
    (B) September 4, 1992, letter from the Administrator of the Idaho 
Department of Health and Welfare to EPA Region 10 submitting amendments 
to the Idaho state implementation plan.
    (C) Idaho's Rules and Regulations for the Control of Air Pollution 
in Idaho

[[Page 528]]

Manual (except for sections IDAPA 16.01.01007 Variances, IDAPA 
16.01.01853 through 16.01.01856 Combined Zinc and Lead Smelters, IDAPA 
16.01.0951 through 16.01.01968 Regulation of Standards of Performance 
for New Stationary Sources, and IDAPA 16.01.01997 Confidentiality of 
Records) as adopted by the Board of the Idaho Department of Health and 
Welfare on July 30, 1992, and effective on August 21, 1992.
    (28) On April 14, 1992, the State of Idaho submitted a revision to 
the SIP for Pinehurst, ID, for the purpose of bringing about the 
attainment of the national ambient air quality standards for particulate 
matter with an aerodynamic diameter less than or equal to a nominal 10 
micrometers. This submittal includes an additional area in Shoshone 
County adjacent to the City of Pinehurst which EPA designated 
nonattainment and moderate for PM-10 on January 20, 1994.
    (i) Incorporation by reference. (A) April 7, 1992 letter from Idaho 
Department of Health and Welfare to EPA Region 10 submitting the 
Pinehurst Particulate Air Quality Improvement Plan as a revision to the 
Implementation Plan for the Control of Air Pollution in the State of 
Idaho. The plan has been adopted in accordance with the authorities and 
requirements of the Federal Clean Air Act and the Idaho Environmental 
Protection and Health Act (Idaho Code section 39-10/et seq).
    (B) SIP revision for Pinehurst Particulate Air Quality Improvement 
Plan, February 5, 1992 (adopted on April 7, 1992).
    (29) On June 29, 1994, the Idaho Department of Health and Welfare 
submitted a CO State Implementation Plan for Northern Ada County, Idaho.
    (i) Incorporation by reference. (A) June 29, 1994 letter from Idaho 
Department of Health and Welfare to EPA Region 10 submitting the CO SIP 
for Northern Ada County, Idaho.
    (B) Minor Revision of the Northern Ada County, Idaho 1984 State 
Implementation Plan for CO, June 1994 (including Ada County Ordinance 
228, City of Boise Ordinance 5273, City of Meridian Ordinance 547, City 
of Garden City Ordinance 558, and City of Eagle Ordinance 177), as 
adopted by the Idaho Department of Health and Welfare on June 28, 1994.
    (30) On January 7, 1994, the Administrator for the Idaho Department 
of Health and Welfare, Division of Environmental Quality, submitted the 
State PROGRAM as a revision to the Idaho SIP.
    (i) Incorporation by reference. (A) The January 3, 1994 letter from 
the Administrator of the Idaho Department of Health and Welfare, 
Division of Environmental Quality, submitting the PROGRAM to EPA.
    (B) The State Implementation Plan Revision to Establish a State 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance Program (which includes the text of Idaho Code 39-118E, Small 
Business Assistance, signed into law Senate bill 1236 by Idaho Governor, 
Cecil D. Andrus, on March 29, 1993), dated December 29, 1993, and 
adopted on January 3, 1994.
    (31) On November 14, 1991, and on December 30, 1994, the Idaho 
Department of Health and Welfare (IDHW) submitted revisions to the Idaho 
State Implementation Plan (SIP) for the Northern Ada County/Boise 
Particulate (PM10) Air Quality Improvement Plan.
    (i) Incorporation by reference. (A) November 14, 1991, letter from 
the IDHW Administrator to the EPA Region 10 Regional Administrator 
submitting a revision to the Idaho SIP for the Northern Ada County/Boise 
Particulate Air Quality Improvement Plan; The Northern Ada County Boise 
Particulate (PM10) Air Quality Improvement Plan adopted on 
November 14, 1991.
    (B) December 30, 1994, letter from the IDHW Administrator to the EPA 
Region 10 Regional Administrator including a revision to the Idaho SIP 
for the Northern Ada County/Boise PM10 Air Quality 
Improvement Plan; Appendix C-1, Supplemental Control Strategy 
Documentation, Northern Ada County/Boise PM10 Air Quality 
Improvement Plan, adopted December 30, 1994, with the following 
attachments: Garden City Ordinances 514 (May 14, 1987), 
533 (January 10, 1989) and 624 (September 13, 1994); 
Meridian Ordinance 667 (August 16, 1994); Eagle Ordinance

[[Page 529]]

245 (April 26, 1994); Ada County Ordinance 254 
(November 3, 1992); and Table Ordinance-1 (December 30, 1994).
    (32) On December 6, 2000, the Idaho Department of Environmental 
Quality submitted amendments to State of Idaho's Rules and Regulations 
for the Control of Air Pollution in Idaho as revisions to the Idaho 
state implementation plan as follows: sections 58.01.01.563 through 
58.01.01.574.
    (i) Incorporation by reference. (A) Section 58.01.01.563 
Transportation Conformity, Section 58.01.01.564 Incorporation by 
Reference, Section 58.01.01.565 Abbreviations, Section 58.01.01.566 
Definitions for the Purpose of Sections 563 Through 574 and 582, Section 
58.01.01.567 Agencies Affected by Consultation, Section 58.01.01.568 ICC 
Member Roles in Consultation, Section 58.01.01.569 ICC Member 
Responsibilities in Consultation, Section 58.01.01.570 General 
Consultation Process, Section 58.01.01.571 Consultation Procedures, 
Section 58.01.01.572 Final Conformity Determinations by USDOT, Section 
58.01.01.573 Resolving Conflicts, Section 58.01.01.574 Public 
Consultation Procedures.
    (33) On February 9, 2001, the Idaho Department of Environmental 
Quality submitted amendments to State of Idaho's Rules and Regulations 
for the Control of Air Pollution in Idaho as revisions to the Idaho 
state implementation plan as follows:

                          Section 58.01.01.582

    (i) Incorporation by reference. (A) Section 58.01.01.582 Interim 
Conformity Provisions for Northern Ada County Former Nonattainment Area 
for PM-10.
    (34) On February 9, 2001, the Idaho Department of Environmental 
Quality submitted amendments to State of Idaho's Rules and Regulations 
for the Control of Air Pollution in Idaho as revisions to the Idaho 
state implementation plan as follows: Section 58.01.01.204.
    (i) Incorporation by reference. (A) IDAPA 58.01.01.204 Permit 
Requirements for New Major Facilities or Major Modifications in 
Nonattainment Areas and in the Former PM-10 Northern Ada County 
Nonattainment Area (as Defined in Section 582), state adopted January 
26, 2001.
    (35) On August 16, 1996, the State of Idaho adopted and submitted a 
revision to the SIP for Sandpoint, Idaho, 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.
    (i) Incorporation by reference. (A) Ordinance No. 939, Material 
Specifications for Street Sanding Material, as adopted by the City of 
Sandpoint on February 22, 1994.
    (B) Ordinance No. 965, Solid Fuel Heating Appliance Ordinance, as 
adopted by the City of Sandpoint on February 21, 1995.
    (C) The following terms and conditions limiting particulate matter 
emissions in the following permits:
    (1) State of Idaho Air Pollution Operating Permit for Lake Pre-Mix 
concrete, Permit No. 777-00182, issued May 17, 1996, the following 
conditions for the cement silo vent: 1.1, 2.1.1, 2.1.2, 3.1.1, and 
3.1.2.
    (2) State of Idaho Air Pollution Operating Permit for Interstate 
Concrete & Asphalt, Permit No. 017-00048, issued August 2, 1999, the 
following conditions: for the asphalt plant, 2.2, 3.1.1, 4.1, 4.1.1, 
4.1.2, 4.2.1 (as it applies to the hourly PM10 emission limit 
in Appendix A), 4.2.2, 4.2.2.1, 4.2.2.2, and 4.2.2.3; for the concrete 
batch plant, 2.1, 3.1.1, 4.1, 4.1.1, and 4.1.2; Appendix A (as it 
applies to PM10 emission rates after 7/1/96) and Appendix B 
(as it applies after 7/1/96).
    (3) State of Idaho Department of Environmental Quality Air Quality 
Tier II Operating Permit for Louisiana-Pacific Corporation, Permit No. 
017-00003, issued October 31, 2001, the following conditions: for the 
Kipper and Sons Hog Fuel Boiler, 2.3 (as it applies to PM10), 
2.5, 2.7, 2.13, 2.14, 2.17, 2.19; Cleaver-Brooks Natural Gas-Fired 
Boilers, 3.2 (as it applies to PM10); Pneumatic Conveyance 
System, 4.2, 4.4, 4.7; Drying Kilns, 5.2, 5.4, 5.5; Fugitive Emission 
Sources, 6.5, 6.7, 6.13; and the Appendix (as it applies to 
PM10).
    (ii) Additional materials. (A) Sandpoint PM10 Air Quality 
Improvement Plan, adopted August 16, 1996.

[[Page 530]]

    (36) [Reserved]
    (37) On May 17, 1994, May 11, 1995, November 21, 1996, February 28, 
1997, December 18, 1997, April 9, 1998, May 5, 1999, December 5, 2000, 
and May 30, 2002, the Idaho Department of Environmental Quality 
submitted amendments to State of Idaho Rules for Control of Air 
Pollution in Idaho (IDAPA 58.01.01) as revisions to the Idaho State 
implementation plan.
    (i) Incorporation by reference. (A) IDAPA 58.01.01 as in effect on 
March 30, 2001 except for the following provisions: section 000; section 
002; section 003; section 008; section 009; section 010; subsections 
107.03; section 128; sections 140 through 149; section 161; subsection 
203.03; section 209; section 210; section 214; subsection 222.03; 
section 223; sections 300 through 387; subsection 401.01.a. and 401.04; 
sections 440 and 441; sections 525 through 538; sections 552, 553, 556, 
558, and 561; subsection 577.06; sections 585, 586, 587, 590 and 591; 
section 700; section 710; sections 750 and 751; sections 775 and 776; 
section 818; section 819; section 820; subsection 824.01; sections 835 
through 839; and sections 855 through 862.
    (B) IDAPA 58.01.01 sections 209 and 700 as in effect on April 5, 
2000.
    (C) IDAPA 58.01.01 sections 552, 553, 556, 558, and 561 as in effect 
on March 15, 2002.
    (38) The Idaho Department of Environmental Quality (Idaho DEQ, the 
State, or Idaho) submitted a PM10 maintenance plan and 
redesignation request for the Ada County/Boise, Idaho area on September 
27, 2002, and provided supplemental information on July 10, 2003 and 
July 21, 2003.
    (i) Incorporation by reference. (A) The following terms and 
conditions limiting particulate matter emissions in the following 
permits:
    (1) State of Idaho Air Pollution Operating Permit for LP Wood 
Polymers, Inc. Permit No. 001-00115, issued July 12, 2002, the following 
conditions: 1.1, 1.3, 3.1, and the Appendix.
    (2) State of Idaho Air Pollution Operating Permit for Consolidated 
Concrete Company, Permit No. 001-00046, issued December 03, 2001, the 
following conditions: 1.1, 1.3, 2.3, 3.1, 3.2, and the Appendix.
    (3) State of Idaho Air Pollution Operating Permit for Crookham 
Company, Permit No. 027-00020, issued January 18, 2002, the following 
conditions: 1.1, 1.3, 2.1, 2.3, 3.1, 3.1.1, 3.1.2, 3.2, and the 
Appendix.
    (4) State of Idaho Air Pollution Operating Permit for Double D 
Service Center, Permit No. 001-00168, issued February 4, 2002, the 
following conditions: 1.1, 1.3, 3.1, 3.2.1, 3.2.2, 3.2.3, and the 
Appendix.
    (5) State of Idaho Air Pollution Operating Permit for Plum Creek 
Northwest Lumber, Inc., Permit No. 001-00091, issued July 12, 2002, the 
following conditions: 1.1, 1.3, 2.1.2, 3.1, and the Appendix.
    (6) State of Idaho Air Pollution Operating Permit for C. Wright 
Construction, Inc., Permit No. T2-000033, issued July 08, 2003, the 
following conditions: 2 (heading only), 2.5, (2.12, Table 2.2 as it 
applies to PM10), 2.14, 3 (heading only), 3.3, Table 3.2, 
3.4, 3.5, 3.6, 3.7, 3.8, 3.10, 4 (heading only), 4.2, 4.3, 4.4, 4.7, 5, 
and Table 5.1.
    (7) State of Idaho Air Pollution Operating Permit for Nelson 
Construction Co., Permit No. T2-020029, issued July 21, 2003, the 
following conditions: 2 (heading only), 2.12, 2.14, 3 (heading only, 
3.3, 3.4, 3.6, 3.7, 3.9, 3.10, 3.11, 3.12, 4 (heading only), 4.3, 4.4, 
4.5, 4.6, 5, and Table 5.1.
    (8) State of Idaho Air Pollution Operating Permit for Mike's Sand 
and Gravel, Permit No. 001-00184, issued July 12, 2002, the following 
conditions: 1.1, 1.3, 2.2.1, 3.1, and the Appendix.
    (9) State of Idaho Air Pollution Operating Permit for Idaho Concrete 
Co., Permit No. T2-020031, issued July 8, 2003, the following 
conditions: 2 (heading only), 2.5, 2.13, 3 (heading only), 3.3, 3.4, 
3.6, 3.7, 3.8, 4 (heading only), and Table 4.1.
    (10) State of Idaho Air Pollution Operating Permit for Idaho 
Concrete Co., Permit No T2-020032, issued July 8, 2003, the following 
conditions: 2 (heading only), 2.5, 2.13, 3 (heading only), 3.3, 3.4, 
3.6, 3.7, 3.8, 4 (heading only), and Table 4.1.
    (11) State of Idaho Air Pollution Operating Permit for Idaho 
Concrete Co., Permit No. T2-020033, issued July 8, 2003, the following 
conditions: 2 (heading only), 2.5, 2.13, 3 (heading only), 3.3,

[[Page 531]]

3.4, 3.6, 3.7, 3.8, 4 (heading only), and Table 4.1.
    (12) State of Idaho Air Pollution Operating Permit for The 
Amalgamated Sugar Company LLC, Permit No. 027-00010, issued September 
30, 2002, the following conditions: 2 (heading only), (2.7, Table 2.2 as 
it applies to PM10), 2.10, 2.10.1, 2.10.2, 2.11, 2.11.1, 
2.11.2, 2.11.3, 2.11.4, 2.11.5, 2.12, 2.12.1, 2.12.2, 2.12.3, 2.13, 
2.13.1, 2.13.2, 2.13.3, 2.14, 2.14.1, 2.14.2, 2.16, 3 (heading only), 
(3.3, Table 3.2 as it applies to PM10), 3.5, 3.7, 3.8, 3.8.1, 
3.8.2, 3.8.3, 3.8.4, 3.8.5, 3.8.6, 3.8.7, 3.8.8, 3.9, 4 (heading only), 
(4.3, Table 4.1 as it applies to PM10), 4.5, 4.6, 4.7, 5 
(heading only), (5.3, Table 5.3 as it applies to PM10), 5.5, 
5.9, 5.9.1, 5.9.2, 5.9.3, 5.9.4, 5.9.5, 5.9.6, 5.9.7, 5.9.8, 5.9.9, 
5.10, 5.11, 6 (heading only), 6.3, Table 6.1, 6.5, 6.6, 6.7, 6.7.1, 
6.7.2, 6.8, 7 (heading only), (7.3, Table 7.1 as it applies to 
PM10), 7.5, 7.7, 7.7.1, 7.7.2, 7.8, 8 (heading only), 8.3, 
Table 8.1, 8.5, 8.7, 8.7.1, 8.7.2, 8.8, 9 (heading only), 9.3, Table 
9.1, 9.5, 9.7, 9.7.1, 9.7.2, 9.8, 10 (heading only), 10.3, Table 10.1, 
10.6, 10.8, 10.8.1, 10.8.2, 10.9, 11 (heading only), 11.3, Table 11.2, 
11.6, 11.8, 11.8.1, 11.8.2, 11.9, 12 (heading only), 12.3, Table 12.1, 
12.5, 12.7, 12.7.1, 12.7.2, 12.8, 13 (heading only), 13.1 (except as it 
applies to conditions 13.3, 13.3.1, 13.3.2, 13.5, 13.5.1, 13.5.2, 
13.5.3, 13.6, 13.6.1, 13.6.2 and 13.9), Table 13.1 (except conditions 
13.3, 13.5 and 13.6), (13.2, Table 13.2 as it applies to 
PM10), 13.2.1, 13.4, 13.4.1, 13.4.2, 13.4.3, 13.7, 13.7.1, 
13.7.2, 13.8, 13.8.1, 13.8.2, 13.8.3, 13.10, and 13.11.

[37 FR 10861, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.677, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. Sec. 52.678-52.680  [Reserved]



Sec. 52.681  Permits to construct and tier II operating permits.

    (a) Except as otherwise provided in paragraph (b) of this section, 
emission limitations and other provisions contained in Permits to 
Construct and Tier II Operating Permits issued by the Idaho Department 
of Environmental Quality in accordance with the Federally-approved State 
of Idaho Rules for Control of Air Pollution in Idaho, incorporated by 
reference in section 52.670 (IDAPA 58.01.01.200 through 222, IDAPA 
58.01.01.400 through 406), shall be applicable requirements of the 
Federally-approved Idaho 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) Operating Permits authorizing the use of alternative emission 
limits (bubbles) under IDAPA 58.01.01.401.01.a, 58.01.01.440, and 
58.01.01.441 (including the use of banked emission reduction credits in 
a bubble pursuant to IDAPA 58.01.01.461), and Tier II Operating Permits 
authorizing compliance schedule extensions under IDAPA 58.01.01.401.04 
must be submitted to EPA for approval as revisions to the Idaho SIP 
before they become applicable requirements of the Idaho SIP.

[68 FR 2225, Jan. 16, 2003]



Sec. 52.682  [Reserved]



Sec. 52.683  Significant deterioration of air quality.

    (a) The State of Idaho Rules for Control of Air Pollution in Idaho, 
specifically, IDAPA 58.01.01.005 through 007 (definitions), IDAPA 
58.01.01.200 through 222 (permit to construct rules), IDAPA 58.01.01.510 
through 516 (stack height rules), and IDAPA 58.01.01.575 through 581 
(standards, increments and area designations) are approved as meeting 
the requirements of title I, part C, subpart 1 of the Clean Air Act for 
preventing significant deterioration of air quality.
    (b) The requirements of sections 160 through 165 of the Clean Air 
Act are not met for Indian reservations since the plan does not include 
approvable procedures for preventing significant deterioration of air 
quality on Indian reservations. Therefore, the provisions of Sec. 52.21 
except paragraph (a)(1) are hereby incorporated and made part of the 
applicable plan for Indian reservations in the State of Idaho.
    (c) The requirements of section 165 of the Clean Air Act are not met 
for sources subject to prevention of significant deterioration 
requirements prior to August 22, 1986, the effective date of EPA's 
approval of the rules cited in

[[Page 532]]

paragraph (a) of this section. Therefore, the provisions of Sec. 52.21 
except paragraph (a)(1) are hereby incorporated and made part of the 
applicable plan for sources subject to Sec. 52.21 prior to August 22, 
1986.

[68 FR 2226, Jan. 16, 2003, as amended at 68 FR 20072, Apr. 24, 2003; 68 
FR 74489, Dec. 24, 2003]



Sec. Sec. 52.684-52.689  [Reserved]



Sec. 52.690  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met, because the plan does not include approvable procedures for 
protection of visibility in mandatory Class I Federal areas.
    (b) Regulation for visibility monitoring. The provisions of Sec. 
52.26 are hereby incorporated and made a part of the applicable plan for 
the State of Idaho.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of 
Idaho.

[50 FR 28553, July 12, 1985; 51 FR 23759, July 1, 1986, as amended at 52 
FR 45137, Nov. 24, 1987]



Sec. 52.691  Extensions.

    (a) The Administrator, by authority delegated under section 188(d) 
of the Clean Air Act, as amended in 1990, hereby extends for one year 
(until December 31, 1995) the attainment date for the Power-Bannock 
Counties PM-10 nonattainment area and the Sandpoint PM-10 nonattainment 
area.
    (b) The Administrator, by authority delegated under section 188(d) 
of the Clean Air Act, as amended in 1990, hereby grants a second one-
year extension (until December 31, 1996) to the attainment date for the 
Power-Bannock Counties PM-10 nonattainment area.

[61 FR 20732, May 8, 1996, as amended at 61 FR 66606, Dec. 18, 1996]



                           Subpart O_Illinois>



Sec. 52.719  Identification of plan--Conditional approval.

    On April 7, 2010, Illinois submitted an amendment to its State 
Implementation Plan to add a new rule that limits the amount of volatile 
organic compounds (VOCs) from consumer products and architectural and 
industrial maintenance coatings at Part 223 of Title 35 of the Illinois 
Administrative Code (35 IAC 223). Paragraphs (a)(6) and (a)(17), of 35 
IAC 223.205 contain errors in the VOC limits listed for aerosol- and non 
aerosol-based antiperspirants and deodorants. 35 IAC 233.205(a)(6)(A) 
erroneously provides two high-volatility VOC limits for aerosol-based 
antiperspirants when there should be both a high- and medium-volatility 
limit for this category. 35 IAC 233.205(a)(6)(B) erroneously provides 
two medium-volatility VOC limits for non aerosol-based antiperspirants 
when there should be both a high- and medium-volatility limit for this 
category. 35 IAC 233.205(a)(17)(A) erroneously provides two high-
volatility VOC limits for aerosol-based deodorants when there should be 
both a high- and medium-volatility limit for this category. 35 IAC 
233.205(a)(17)(B) erroneously provides two medium-volatility VOC limits 
for non aerosol-based deodorants when there should be both a high- and 
medium-volatility limit for this category. The paragraphs are 
conditionally approved contingent on Illinois submitting to EPA revised 
provisions correcting these errors by July 8, 2013.
    (i) Incorporation by reference. Illinois Administrative Code; Title 
35: Environmental Protection; Subtitle B: Air Pollution; Chapter I: 
Pollution Control Board; Subchapter c: Emission Standards and Limitation 
for Stationary Sources; Part 223: Standards and Limitations for Organic 
material Emissions for Area Sources; Section 205: Standards; paragraphs 
(a)(6) and (a)(17), effective on June 8, 2009.
    (ii) [Reserved]

    Effective Date Note: At 77 FR 33661, June 7, 2012, Sec. 52.719 was 
added, effective July 9, 2012.



Sec. 52.720  Identification of plan.

    (a) Title of plan: ``State of Illinois Air Pollution Implementation 
Plan.''
    (b) The plan was officially submitted on January 31, 1972.
    (c) The plan revision listed below were submitted on the dates 
specified.
    (1) The role of the City of Chicago as a local agent was defined in 
a letter

[[Page 533]]

from the State Environmental Protection Agency on March 13, 1972.
    (2) Copies of the Illinois Pollution Control Board Regulations, 
Chapter 2, Parts I, II and III were submitted May 4, 1972, by the 
Governor.
    (3) A document describing the role of the Chicago Department of 
Environmental Control was submitted July 28, 1972, by the State 
Environmental Protection Agency.
    (4) Copies of the revisions to the State air episode regulations 
were submitted on August 29, 1972, by the Governor.
    (5) Compliance schedules submitted on March 13, 1973, by the 
Pollution Control Board.
    (6) Compliance schedules submitted on April 3, 1973, by the 
Pollution Control Board.
    (7) Transportation control plan submitted on April 17, 1973, by the 
Pollution Control Board.
    (8) Compliance schedules submitted on May 3, 1973, by the Pollution 
Control Board.
    (9) Compliance schedules submitted on June 15, 1973, by the 
Pollution Control Board.
    (10) Compliance schedules submitted on August 7, 1973, by the 
Pollution Control Board.
    (11) Information concerning the coal ban in the Chicago area was 
submitted on October 22, 1973, by Governor Walker.
    (12) On July 22, 1976, the Director of the Illinois Environmental 
Protection Agency submitted revised emergency episode regulations.
    (13) On November 29, 1977, the Director of the Illinois 
Environmental Protection Agency submitted grain handling and drying 
emission limitations as revisions to Rule 203.
    (14) Revision consisting of an Illinois Pollution Control Board 
Order issued on July 20, 1978 to Commonwealth Edison Company, Christian 
County, Illinois and submitted on August 14, 1978 by the Illinois 
Environmental Protection Agency.
    (15) Revision consisting of an Illinois Pollution Control Board 
Order issued to Shell Oil Company's Wood River refinery on December 14, 
1978 by the Illinois Environmental Protection Agency.
    (16) On April 4, 1979, the State submitted its draft nonattainment 
area plan for all areas designated nonattainment as of March 3, 1978 and 
as revised on October 5, 1978. This submittal contained a request for 
extensions of the statutory attainment deadline for CO and 03. The 
submittal also included a vehicle emission inspection and maintenance 
program and a new source review plan. Although the State submittal also 
included the following provisions, U.S. EPA is taking no action to 
include them in the federally approved SIP at this time: the portions of 
Rules 101, 103 and 105 relating to the provisions addressing 
malfunctions, general requirements of the Clean Air Act which are not 
Part D requirements, and the provisions covering open burning, mobile 
source emission standards, diesel locomotive emission standards, sulfur 
dioxide emissions for certain fuel combustion sources located outside 
major metropolitan areas, compliance dates for organic emission 
limitations, particulate emissions from low carbon waste incinerators, 
and adoption of Federal New Source Performance Standards. In addition, 
U.S. EPA is not rulemaking at this time on those portions of the 
following rules which contain specified changes made between the 
publication of the notice of proposed rulemaking and the final 
rulemaking action:
    (i)-(iii) [Reserved]
    (iv) The new materials in Section 4.11 of the Rules for Issuance of 
Permits to New or Modified Air Pollution Sources;
    (v) The addition of a definition of ``reconstruction'' in Section 
4.7 of the Rules for Issuance of Permits;
    (vi) The procedure allowing external offsets contained in Section 10 
of the Rules for Issuance of Permits.
    (17) On August 29, 1979, the State submitted additional information 
and clarification for the nonattainment area plan in response to USEPA's 
July 2, 1979 notice of proposed rulemaking.
    (18) On September 20, 1979, the State submitted a summary of public 
hearing comments on the plan.
    (19) On October 30, 1979, the State submitted copies of Illinois 
Pollution Control Board final orders for control of VOC emissions from 
stationary sources (Rule 205), sources of fugitive

[[Page 534]]

particulate (Rule 203(f)), and particulate emissions from iron and steel 
sources (Rule 203(d)).
    (20) On December 20, 1979, the State submitted a letter containing 
the dates that most of the regulatory and nonregulatory portions of the 
nonattainment area plans were finally adopted by the Illinois Pollution 
Control Board. Rule 205 containing RACT controls for stationary sources 
of VOC was effective in the State on July 18, 1979. Rule 203(f) 
governing fugitive dust emissions was effective in the State on 
September 18, 1979.
    (21) On January 25, 1980, the State submitted a copy of finally 
enacted ``Rules for the Issuance of Permits to New or Modified Air 
Pollution Sources Affecting Nonattainment Areas.'' Sections 
5.1(a)(2)(ii) and 5.1(a)(2)(iii) of these rules were reserved by the 
State. The effective date of these Rules was January 16, 1980.
    (22) On March 21, 1979, the State of Illinois submitted to the USEPA 
revised regulations for control of sulfur dioxide emissions. On 
September 19, 1979, the State submitted additional information on these 
revised regulations to the USEPA.
    (23) On January 17, 1980 and on February 7, 1980 the State submitted 
further information and clarifications to Rule 204.
    (24) On September 19, 1979, the State of Illinois submitted a 
revision to Rule 204(e)(1) for the Commonwealth Edison Company. The 
revision approves an emission limitation of 105,162 lbs SO2/
hour for the Kincaid Generating Station in Christian County, Illinois.
    (25) On April 30, 1980, the State submitted revisions to the 
transportation control plan for northeast Illinois (Chicago).
    (26) On December 20, 1979, the State of Illinois submitted a 
revision to provide for modification of the existing air quality 
surveillance network.
    (27) On January 8, 1980, the State submitted an Opinion and Final 
Order of the Pollution Control Board (dated November 19, 1979) which 
deletes Rule 206(d) of Chapter 2 from the Illinois Air Pollution Control 
Regulations.
    (28) On September 18, 1979, the State submitted a Final Order of the 
Pollution Control Board (dated April 12, 1979) which amended Rule 
205(g)(1) of Chapter 2 of the Illinois Air Pollution Control 
Regulations.
    (29) On July 21, 1981, the State submitted Volume 9 Lead, of the 
Illinois State Implementation Plan for Air Pollution Control for 
incorporation in the Illinois State Implementation Plan. This plan 
covers all areas in Illinois except for Granite City in the St. Louis 
Interstate AQCR.
    (30) On July 29, 1980, the State submitted a May 29, 1980, Opinion 
and Order of the Illinois Pollution Control Board granting a variance 
from the requirements Rule 203(d)(8)(B) of Chapter 2 of the Air 
Pollution Control Regulations to Continental Grain Company's grain 
elevator located in Crossville, White County, Illinois. This variance 
expired July 1, 1980.
    (31) On April 4, 1980, the State submitted a November 29, 1979, 
Opinion and Order of the Illinois Pollution Control Board (IPCB) and 
Supplementary IPCB Orders dated January 24, 1980, and February 7, 1980. 
These Orders grant 13 Caterpillar Tractor Company boilers a variance 
from the requirements of IPCB (A), Rule 203(g)(1)(C)(i) and/or Rule 
203(g)(1)(D) which regulate particulate emissions from new and existing 
sources. No action is taken at this time on variance provisions for 
Mapleton facility boilers 2, 3, 4, and 5. This variance expired 
on October 8, 1981.
    (32) On August 31, 1981, the State of Illinois submitted a revision 
to the Illinois State Implementation Plan in the form of a July 9, 1981, 
Order of the Illinois Pollution Control Board (R-77-15). This Order 
creates Rule 204(c)(1)(E) which establishes sulfur dioxide 
(SO2) emission limitations of 5.5 lbs/SO/MMBTU for solid fuel 
combustion sources having actual heat input not greater than 250 million 
BTU's per hour owned or operated by Bemis Company, Inc., Celotex 
Corporation or Sherex Corporation. On November 17, 1981, the State 
submitted additional information in support of this revision.
    (33) On August 20, 1980, and March 20, 1981, the State submitted 
additional information on the transportation control plans for the 
Northeast Illinois (Chicago) Area.

[[Page 535]]

    (34) On October 15, 1980, the State submitted additional information 
on the transportation control plans for the Peoria Metropolitan Area.
    (35) On April 1, 1981, the State submitted additional information on 
the transportation control plans for the St. Louis Metropolitan 
(Illinois) Area.
    (36) On December 10, 1980, the State submitted a July 24, 1980, 
Opinion and Order of the Illinois Pollution Control Board and a 
September 18, 1980, Order of the Board granting Bunge Corporation's 
Cairo, Illinois soybean processing plant and grain elevator variance 
from Illinois Pollution Control Board's particulate emission standards 
under Rules 203(g)(1)(D) and 103(b)(1) of Chapter 2 of the Air Pollution 
Control Regulations through October 15, 1981.
    (37) On July 17, 1980, the State submitted an April 3, 1980, Opinion 
and Order of the Illinois Pollution Control Board adopting a December 
13, 1979, Proposed Opinion and Order of the Board which exempted certain 
small explosive waste incinerators from the requirements of Rule 203(e) 
Particulate Emission Standards and Limitations for incinerators and Rule 
206(b) Carbon Monoxide Emissions Standards and Limitations for 
incinerators.
    (38) On May 10, 1982, the State submitted a February 4, 1982, 
Illinois Pollution Control Board Opinion and Order (PCB 81-184) granting 
a variance from the requirements of Rules 205(m)(1)(B) and 204(n)(1)(G) 
of Chapter 2 of the Air Pollution Control Regulations to the Lyon Metal 
Products, Incorporated, Montgomery, Illinois facility. This variance 
expires on May 31, 1985.
    (39) On October 1, 1981, the State submitted a report in 
satisfaction of the Total Suspended Particulate Control Strategy 
approval condition in which the State agreed to conduct an analysis of 
the potential air quality impact from storage piles with uncontrolled 
emissions of less than 50 tons per year, to submit the results of any 
analysis to EPA, to submit any necessary regulations to the Illinois 
Pollution Control Board, and promulgate and submit any necessary 
regulations to EPA. This report concluded that no further regulations 
were needed.
    (40) EPA Study Volatile Organic Compound Emissions from Solvent 
Cleaning Operations in the State of Illinois (EPA 905/4-80-008) was 
prepared to satisfy the Ozone Control Strategy approval condition in 
which the State agreed to conduct a study to demonstrate that the three 
pound per hour, 15 pound per day exemption for solvent metal cleaners 
contained in Rule 205(k) represents RACT, to submit the results of the 
study to EPA, to submit the necessary regulations to the Illinois 
Pollution Control Board and promulgate and submit any necessary 
regulations to EPA. The State reviewed this report and in a February 11, 
1981, letter to EPA noted their agreement with the findings of the 
report and indicated that because there was no need for further 
regulations, this condition is satisfied.
    (41) On December 7, 1981, the State submitted a October 8, 1981, 
Illinois Pollution Control Board Final Order (R79-11). This Final Order 
amends Rule 203(g)(1) by adding subsection (E).
    (42) On January 4, 1983, the State submitted a revision to the 
Illinois State Implementation Plan in the form of an October 27, 1982, 
Illinois Pollution Control Board (IPCB) Opinion and Order (PCB 82-88). 
This Opinion and Order grants a variance from the requirements of Rule 
203(a) of Chapter 2 of the Air Pollution Control Regulations to a 
proposed fluidized bed combustion boiler at B.F. Goodrich's Henry 
County, Illinois facility. This variance continues until October 1, 
1987, or until the facility is no longer subject to Rule 206(a), 
whichever comes first.
    (43) On July 29, 1982, the State submitted a revision to the 
Illinois State Implementation Plan in the form of a May 28, 1981, 
Illinois Pollution Control Board (IPCB) Final Opinion of the Board (R78-
17). This Final Opinion deletes Rule 204(c)(1)(D) and the reference to 
it in Rule 204(h) from the IPCB Air Pollution Control Regulations.
    (44) On March 17, 1983, the Illinois Environmental Protection Agency 
(IEPA) submitted a revision to its ozone SIP for Chrysler's Belvidere 
facility. The revision request contains an alternative compliance time 
schedule with interim emission limitations which is in the form of a 
variance for prime

[[Page 536]]

coating and prime surface coating operations. Final compliance is 
changed from December 31, 1982 to December 31, 1987.
    (45) On August 19, 1983, the State of Illinois submitted a revision 
to the Illinois State Implementation Plan in the form of a July 26, 
1983, Order of the Illinois Pollution Control Board (R82-12). This Order 
creates Rule 313 which establishes 1.5 micrograms per cubic meter, 
maximum arithmetic mean, averaged over a calendar quarter as the State's 
ambient air quality standard for lead. The Board also adopted, as part 
of Rule 313, a measurement method for determining compliance with the 
standard.
    (46) On August 15, 1983, the Illinois Environmental Protection 
Agency submitted a May 19, 1983, Opinion and Order (PCB-82-147) of the 
Illinois Pollution Control Board (IPCB) granting Del Monte Corporation's 
Can Manufacturing Plant No. 115 located in Rochelle, Ogle County, 
Illinois, a variance from the IPCB volatile organic compound emission 
standards under Rule 205(n)(1)(B)(i) and Rule 205(n)(1)(B)(vi) of 
Chapter 2: Air Pollution Regulations. The variance expires on December 
31, 1984.
    (47) On March 24, 1983, and May 3, 1983, the State submitted 
information that indicated that a February 21, 1980 (45 FR 11472), 
conditional approval of the incorporation of a revised Part D sulfur 
dioxide control strategy into the Illinois State Implementation Plan has 
been satisfied for Cincinnati, Pekin and Elm Grove Townships in Tazewell 
County and for Logan and Limestone Townships in Peoria County. This 
approval condition required that the SIP include a reanalysis of the 
Pekin, Illinois area; a submittal of the analysis results to USEPA; the 
proposal of any necessary regulations to the Illinois Pollution Control 
Board necessary to insure attainment and maintenance of the sulfur 
dioxide standard; and the promulgation of any necessary regulations. Any 
promulgated regulations must be submitted to USEPA.
    (48)-(49) [Reserved]
    (50) On May 3, 1983, the State requested that USEPA incorporate IPCB 
Rule 204 (f)(2) into the Illinois SIP. Rule 204(f)(2) was adopted by 
Illinois as part of a February 24, 1983, Order of the Board (R80-22). 
USEPA approves the incorporation of Rule 204(f)(2) as it pertains to 
Pekin Energy, a source in the Peoria major metropolitan area.
    (51) On January 30, 1984, the State submitted Rule 204(f) as 
contained in a February 24, 1983, Order of the IPCB (R80-22) as it 
applies to sources in the Peoria Major Metropolitan area for 
incorporation in the SIP. USEPA approves the incorporation of Rule 
204(f) into the SIP as it applies to all sources in Peoria and Tazewell 
Counties except Caterpillar Tractor Mapleton and East Peoria Plants. No 
action is taken on Rule 204(f) as it applies to the Chicago or St. Louis 
(Illinois--portion) Major Metropolitan Areas or on Rule 204(f) (1) and 
(2).
    (52) [Reserved]
    (53) On September 30, 1983, the State submitted a revision to the 
Illinois State Implementation Plan in the form of a lead plan to assure 
attainment and maintenance of the NAAQS in the Granite City area. The 
Illinois plan includes a discussion of air quality data measured since 
1978, an emission inventory of three source categories capable of 
emitting lead, atmospheric modeling analyses and proposed necessary 
control strategies. On March 19, 1984, the State submitted five consent 
decrees entered by the State of Illinois with the Circuit Court for the 
Third Judicial Circuit of Madison County and filed March 16, 1984, for 
incorporation in the lead plan. These include People of the State of 
Illinois vs. Taracorp, Inc.; People of the State of Illinois vs. St. 
Louis Lead Recyclers; People of the State of Illinois vs. First Granite 
City National Bank; People of the State of Illinois, vs. Stackorp Inc.; 
and People of the State of Illinois vs. B.V. and G.V. Transport Company.
    (54) [Reserved]
    (55) On November 14, 1985, the State of Illinois submitted a 
negative declaration for natural gas/gasoline processing plants.
    (i) Incorporation by reference. (A) Letter dated November 14, 1985, 
from Michael J. Hayes, Manager, Division of Air Pollution Control, 
Illinois Environmental Protection Agency.

[[Page 537]]

    (56) On June 19, 1984, the State submitted Illinois Environmental 
Protection Agency Rule 252 entitled, ``Rules for Governing Public 
Participation in the Air Pollution Permit Program for Major Source in 
Nonattainment Areas.''
    (i) Incorporation by reference. (A) Illinois Environmental 
Protection Agency Rule 252 entitled, ``Rule for Governing Public 
Participation in the Air Pollution Permit Program for Major Sources in 
Nonattainment Areas,'' published on June 8, 1984.
    (57)-(60) [Reserved]
    (61) On March 15, 1984 and June 14, 1984 the Illinois Environmental 
Protection Agency submitted commitments for satisfying several 
outstanding conditions to the sulfur dioxide [52.724(a)(1)] State 
Implementation Plan.
    (62) On January 16, 1985, the Illinois Environmental Protection 
Agency submitted a variance from Illinois Rule 206(a).
    (i) Incorporation by reference. (A) June 14, 1984, Opinion and Order 
of the Illinois Pollution Control Board (IPCB), PCB 84-19. This is a 
variance from Illinois Rule 206(a) until June 14, 1987, for CO emissions 
from a fluidized bed combustion boiler at Midwest Solvents Company's 
facility in Tazewell County, Illinois.
    (63) On February 6, 1985, the Illinois Environmental Protection 
Agency (IEPA) submitted a site-specific revision to its total suspended 
particulates State Implementation Plan for Villa Grove's ``Dump and Boot 
Pit'' emissions in Champaign County, Illinois.
    (i) Incorporation by reference. (A) Illinois Pollution Control 
Board, Opinion and Order of the Board, PCB 84-53, Villa Grove's ``Dump 
and Boot Pit'' site-specific TSP revision. This revision extends the 
compliance date for control requirements on these emissions until 
September 1, 1987, and was adopted on July 14, 1984.
    (64) On May 13, 1985, the Illinois Environmental Protection Agency 
(IEPA) submitted a variance from Illinois Rule 202(b) for a Brule 
pathological waste incinerator (BPWI) at NPWC's facility located at the 
Great Lakes Naval Base, Great Lakes, Shields Township, Illinois, as a 
revision to its TSP SIP. Shields Township is an attainment area for both 
the primary and secondary national ambient air quality standards (NAAQS) 
for TSP.
    (i) Incorporation by reference. (A) Opinion and Order of the 
Illinois Pollution Control Board 84-156 adopted on March 22, 1985.
    (65) Submitted from the Illinois Environmental Protection Agency 
(IEPA) dated July 22, 1985, requesting an extended compliance schedule 
for Precision Coatings Incorporated (PCI) coating Machine Number 2.
    (i) Incorporation by reference. (A) Illinois Pollution Control Board 
Opinion and Order of the Board, PCB 84-117, which was adopted on 
February 20, 1985, and a modification to PCB 84-117 which was adopted on 
April 14, 1985.
    (66) On March 27, 1985, the Illinois Environmental Protection Agency 
(IEPA) submitted a site-specific revision to its Carbon Monoxide State 
Implementation Plan for Anderson Clayton Foods, Inc. (ACF), a variance 
from 35 Illinois Administrative Code (IAC) 216.121 which governs Carbon 
Monoxide emissions from the Fluidized Bed Combuster retrofitted boiler 
at ACF's Jacksonville, Illinois facility. IAC 216.121 was incorporated 
in the Illinois SIP on May 31, 1972 (37 FR 10862), as Illinois Pollution 
Control Board Rule 206(a).
    (i) Incorporation by reference. (A) Illinois Pollution Control Board 
Opinion and Order of the Board, PCB 84-147, which was adopted on January 
24, 1985.
    (67) On April 18, 1983, the State of Illinois submitted a 0.60 lb 
TSP/MMBTU emission limit for the City of Rochelle Municipal Steam Power 
Plant. On May 24, 1985, it submitted a revised modeling analysis.
    (i) Incorporation by reference. Illinois Pollution Control Board 
Order (R78-15), Rule 203(g)(1)(C)(iii) which is dated February 24, 1983.
    (68) On May 8, 1985, the Illinois Environmental Protection Agency 
submitted a variance until December 31, 1987, from Illinois Rule 
205(n)(1)(b)(v) and Rule 205(n)(1)(b)(vi), for American Can 
Corporation's Hoopeston, Illinois facility in the form of a January 24, 
1985, Opinion and Order of the Illinois Pollution Control Board (PCB 84-
106).

[[Page 538]]

    (i) Incorporation by reference. (A) A January 24, 1985, Opinion and 
Order of the Illinois Pollution Control Board (ICPB), PCB 84-106. This 
is a variance until December 31, 1987, for the coating reformulation 
programs at American Can Corporation's Hoopeston facility located in 
Hoopeston, Illinois.
    (69) On January 28, 1983, the Illinois Environmental Protection 
Agency submitted a December 30, 1982, Illinois Pollution Control Board 
Order (R80-5). Illinois Pollution Control Board Rules 205(l) (4) through 
(10), 205(t) and 205(u) are approved.
    (i) Incorporation by reference. (A) Ilinois Pollution Control Board 
Rules 205(l)(4) through (10), 205(t) and 205(u) as contained in December 
30, 1982, Illinois Pollution Control Board Order R80-5.
    (ii) Additional material. None.
    (70) On February 13, 1986, the Illinois Environmental Protection 
Agency (IEPA) submitted a revision to its ozone SIP for the Fedders-
USA's facility located in Effingham, Effingham County, Illinois. It 
grants Fedders-USA a compliance date extension for control requirements 
from October 1, 1982, to April 1, 1986, and provides for a legally 
enforceable compliance program.
    (i) Incorporation by reference. (A) A January 9, 1986, Opinion and 
Order of the Illinois Pollution Control Board (IPCB), PCB 83-47.
    (71) On October 20, 1983, the Illinois Environmental Protection 
Agency submitted a site-specific revision to Illinois' sulfur dioxide 
plan for Illinois Power Company's Baldwin Power Station. The revised 
SO2 emission limitations are 101,966 lbs/hour, in the 
aggregate, and 6 lbs/MMBTU.
    (i) Incorporation by reference. (A) Emission limits within Paragraph 
1 of Illinois Pollution Control Board Final Order PCB 79-7, which was 
adopted September 8, 1983.
    (72) [Reserved]
    (73) On May 6, 1985, the Illinois Environmental Protection Agency, 
requested an extended compliance schedule for National Can Corporation's 
Rockford facility.
    (i) Incorporation by reference. (A) Illinois Pollution Control 
Board, April 1, 1982, Opinion and Order of the Board, PCB 81-189 and a 
January 24, 1985, Opinion and Order PCB 84-108. These orders grant 
National Can Corporation (Rockford Plant) a variance from the existing 
VOC SIP requirements from December 31, 1982, until December 31, 1983, 
and from December 31, 1983, until December 31, 1985, respectively.
    (74) On October 30, 1986, the Illinois Environmental Protection 
Agency submitted a September 25, 1986, Final Order of the Illinois 
Pollution Control Board R85-33 revises the State's coke oven pushing and 
charging rules and recodifies some related rules.
    (i) Incorporation by reference. (A) Order of the Illinois Pollution 
Control Board R85-33, which was adopted September 25, 1986.
    (75)-(77) [Reserved]
    (78) On January 28, 1983, June 25, 1987, August 21, 1987, September 
28, 1987, October 2, 1987, December 22, 1987, January 8, 1988, March 29, 
1988, and May 2, 1988 the State submitted stationary source control 
measures for incorporation in the ozone plan.
    (i) Incorporation by reference. (A) The following sections of title 
35, Environmental Protection; subtitle B: Air Pollution; Chapter 1: 
Pollution Control Board of the Illinois Administrative Code, (June 
1989): section 211.122 (definitions of bead-dipping; component; dry 
cleaning facility; external floating roof; gas service; green tire 
spraying; green tires; heavy liquid; liquid mounted seal; liquid 
service; pneumatic rubber tire manufacture; refinery unit, process unit, 
or unit; tread end cementing; undertread cementing; valves not 
externally regulated; vapor collection system; vapor mounted primary 
seal; volatile organic liquid; and volatile organic material) of subpart 
B (part 211); section 215.104 (definitions of continuous process; in 
vacuum service; material recovery section; open-ended valve; polystyrene 
plant; polystyrene resin; repaired; styrene devolatilizer unit; and 
styrene recovery unit) of subpart A (part 215); sections 215.124, 
215.125, and 215.126 of subpart B (part 215); section 215.205 of subpart 
F (part 215); sections 215.240, 215.241, and 215.249 of subpart H (part 
215); section 215.408 of subpart P (part 215); sections 215.420 through 
215.431, 215.433, 215.434, 215.435, 215.437, and 215.438, all of subpart 
Q (part 215); section 215.453 of subpart R (part 215);

[[Page 539]]

sections 215.465 and 215.466 of subpart S (part 215); sections 215.520, 
215.521, 215.525, 215.526, and 215.527 all of subpart V (part 215); 
sections 215.582, 215,583, and 215.584 of subpart Y (part 215); sections 
215.607 through 215.613 of subpart Z (part 215); and sections 215.875, 
215.877, 215.879, 215.881, 215.883, and 215.886 all of subpart BB (part 
215) are approved.
    (ii) Additional material. (79) On March 20, 1986, November 17, 1986, 
and July 1, 1987, Illinois submitted its vehicle inspection and 
maintenance plan for the Chicago and East St. Louis areas.
    (i) Incorporation by reference. (A) Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter II: Environmental 
Protection Agency, Part 276, Procedures To Be Followed in the 
Performance of Annual Inspections of Motor Vehicle Exhaust Emissions, 
Adopted at 10 Illinois Register 13954, effective August 13, 1986.
    (ii) Additional material. (A) ``Technical Procedures Memorandum--
Enforcement'' between the Illinois Secretary of State and the Illinois 
Environmental Protection Agency, as submitted by Michael J. Hayes, 
Manager, Division of Air Pollution Control on July 1, 1987.
    (80) [Reserved]
    (81) On April 6, 1990, and May 4, 1990, Illinois submitted a 
regulation which reduced the maximum allowable volatility for gasoline 
sold in Illinois during July and August 1990 to 9.5 pounds per square 
inch.
    (i) Incorporation by reference. (A) Title 35: Environmental 
protection, Subtitle B: Air pollution, Chapter I: Pollution control 
board, Part 215, Organic material emission standards and limitations, 
Sec. 215.585, Gasoline volatility standards, Adopted at 14 Illinois 
register 6434, effective April 11, 1990.
    (82)-(83) [Reserved]
    (84) On September 18, 1991, and November 18, 1991, the State 
submitted documents intended to satisfy federal requirements for an 
operating permit program which can issue federally enforceable operating 
permits.
    (i) Incorporation in reference. (A) Public Act 87-555, an Act to 
amend the Environmental Protection Act by changing section 9.1, 
effective September 17, 1991. (Ch. 111 1/2, par. 1009.1) par. 1009.1(a), 
(b), (c), (d) and (f).
    (85) On March 24, 1988, the State submitted rules for issuance of 
construction permits to new and modified air pollution sources located 
in or affecting nonattainment areas (New Source Review rules).
    (i) Incorporation by reference. (A) Illinois Administrative Code, 
Title 35 Environmental Protection, Subtitle B: Air Pollution, Chapter 1: 
Pollution Control Board, Part 203: Major Stationary Sources.
    (86) On February 8, 1991, the State submitted revisions to its 
sulfur dioxide measurement methodology.
    (i) Incorporation by reference. (A) Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control 
Board, Part 214 Sulfur Limitations, Subpart A: General Provisions, 
section 214.101 Measurement Methods. Adopted December 20, 1990, 
effective January 15, 1991.
    (87) On March 13, 1985, the State submitted revisions to its sulfur 
dioxide limitations.
    (i) Incorporation by reference. (A) Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control 
Board, Part 214 Sulfur Limitations, Subpart C: Existing Solid Fuel 
Combustion Emission Sources, Section 214.141 Sources Located in 
Metropolitan Areas, through paragraph (a) only, effective March 28, 
1983; Subpart F: Alternative Standards for Sources Inside Metropolitan 
Areas, Section 214.201 Alternative Standards for Sources in Metropolitan 
Areas and Section 214.202 Dispersion Enhancement Techniques, effective 
March 28, 1983.
    (88) On June 9, 1986, the State submitted revisions to its sulfur 
dioxide limitations in the form of a April 24, 1986, opinion and order 
of the Illinois Pollution Board in proceeding R84-28.
    (i) Incorporation by reference. (A) Title 35: Environmental 
Protection, Subtitle B: Air Pollution Chapter 1: Pollution Control Board 
Part 214 Sulfur Limitations, Subpart C: Existing Solid Fuel Combustion 
Emission Sources, Sec. 214.141 Sources Located in Metropolitan Areas, 
paragraphs b), c) and d), and Subpart X: Utilities, Sec. 214.560 Scope 
and Sec. 214.561 E.D. Edwards Electric Generating Station effective May 
20, 1986.

[[Page 540]]

    (89) On March 17, 1989, and August 28, 1990, the State of Illinois 
submitted a revision to the Illinois State Implementation Plan. The 
revision is contained in subpart J, Sec. 201.281 and subpart L, 
Sec. Sec. 201.401-.408 of part 210 of title 35 of the Illinois 
Administrative Code. This revision provides a legally enforceable 
procedure for continuously monitoring and recording emissions to 
determine the status of compliance of certain stationary source 
categories and complies with 40 CFR 51.214 and part 51, appendix P. The 
rules were adopted by the Illinois Pollution Control Board on December 
15, 1988, published (13 Ill. Reg. 2066) and became effective February 3, 
1989. The rules were corrected for an omission, published on November 
15, 1989, (13 Ill Reg. 19444), and became effective December 5, 1989. In 
a November 18, 1991, letter from Bharat Mathur, then Manager, Division 
of Air Pollution Control, Illinois Environmental Protection Agency 
(IEPA) to Stephen Rothblatt, Chief, Regulation Development Branch, 
Region 5, USEPA, Illinois committed to notify USEPA of any pending 
construction or operating permit application during the 30 day public 
comment period which is part of Illinois' permit issuance process 
(Section 203.150). This commitment is part of the administrative record 
of USEPA's approval of the Illinois' operating permit program for the 
purpose of issuing federally enforceable operating permits at 40 CFR 
52.720 (c) (84) and 52.737 on December 17, 1992 (57 FR 59928). USEPA may 
deem a permit not federally enforceable if monitoring provisions do not 
comply with the requirements of 40 CFR 51.214, part 51, appendix P or 
Sec. 51.165.
    (i) Incorporation by reference. (A) Title 35: Environmental 
Protection; Subtitle B: Air Pollution; Chapter I: Pollution Control 
Board; Subchapter a: Permits and General Provisions; Part 201: Permits 
and General Provisions, Subpart J: Monitoring and Testing, Section 
201.281; and Subpart L: Continuous Monitoring, Sections 201.401 through 
201.408, adopted at Ill. Reg. 2066, effective February 3, 1989.
    (90) On June 11, 1991, Illinois submitted regulations concerning the 
emission of volatile organic compounds from pharmaceutical 
manufacturing.
    (i) Incorporation by reference. (A) Title 35 of the Illinois 
Administrative Code: Environmental Protection, Subtitle B: Air 
Pollution, Chapter 1: Pollution Control Board, Subchapter C: Emissions 
Standards and Limitations for Stationary Sources, Part 215: Organic 
Material Emission Standards and Limitations, Subpart T: Pharmaceutical 
Manufacturing, Subpart A: General Provisions: Amendments to sections 
215.102 and 215.105 and Creation of section 215.108. Adopted at 15 
Illinois Register 80 18, effective May 14, 1991.
    (B) Title 35 of the Illinois Administrative Code: Environmental 
Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control 
Board, Subchapter C: Emissions Standards and Limitations for Stationary 
Sources, Part 211: Definitions and General Provisions, Subpart B: 
Definitions. Adopted at 15 Illinois Register 79 01, effective May 14, 
1991.
    (91) [Reserved]
    (92) On June 4, 1992, the State submitted particulate matter 
regulations adopted as part of Pollution Control Board Proceeding R91-
35. These regulations concern particulate matter ambient limits and 
episode regulations.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board
    (A) Part 212 Visible and Particulate Matter Emissions: Section 
212.113 Incorporations by Reference; section 212.424 Fugitive 
Particulate Matter Control for the Portland Cement Manufacturing Plant 
and Associated Quarry Operations located in LaSalle County, South of the 
Illinois River; section 212.443 Coke Plants; section 212.445 Blast 
Furnace Cast Houses; adopted at 16 Illinois Register 8204, effective May 
15, 1992.
    (B) Part 243 Air Quality Standards: Section 243.108 Incorporations 
by Reference; section 243.120 PM-10; section 243.121 
Repealed; adopted at 16 Illinois Register 8185, effective May 15, 1992.
    (C) Part 244 Episodes: Section 244.101 Definitions; section 244.106 
Monitoring; section 244.107 Determination of Areas Affected; section 
244.121 Local Agency

[[Page 541]]

Responsibilities; section 244.161 Advisory Alert and Emergency Levels; 
section 244.162 Criteria for Declaring and Advisory; section 244.163 
Criteria for Declaring a Yellow Alert; section 244.166 Criteria for 
Terminating Advisory, Alert and Emergency; section 244.167 Episode Stage 
Notification; section 244.168 Contents of Episode Stage Notification; 
section 244.169 Actions During Episode Stages Adopted; section 244 
appendix D; adopted at 16 Illinois Register 8191, effective May 15, 
1992.
    (93) On September 30, 1992, the State submitted rules regulating 
volatile organic compound emissions from gasoline dispensing facilities' 
motor vehicle fuel operations.
    (i) Incorporation by reference. (A) Illinois Administrative Code, 
title 35 Environmental Protection, subtitle B: Air Pollution, chapter I: 
Pollution Control Board part 218: Organic Material Emission Standards 
and Limitations for the Chicago Area; subpart Y: Gasoline Distribution; 
Sec. 218.583 Gasoline Dispensing Facilities--Storage Tank Filling 
Operations, amended at 16 Illinois Register 13864 effective August 24, 
1992, and; Sec. 218.586 Gasoline Dispensing Facilities--Motor Vehicle 
Fueling Operations, added at 16 Illinois Register 13864, effective 
August 24, 1992.
    (B) [Reserved]
    (ii) Additional materials. (A) Stage II Vapor Recovery SIP Program 
Description dated September 29, 1992.
    (94) On July 30, 1986, the State submitted particulate boiler rules 
intended to replace rule 203(g)(1) which was vacated by the Courts. No 
action is taken on Sec. 212.209 because the variance which it 
authorized has expired. On July 22, 1988, the State submitted opacity 
rules intended to replace rule 202(b) which had been vacated by the 
Courts. Also on July 22, 1988, the State submitted Illinois Pollution 
Control Board procedural rules for considering Air Adjusted Standard 
Procedures.
    (i) Incorporation by reference. (A) Title 35: Environmental 
Protection, Illinois Administrative Code, Subtitle B: Air Pollution; 
Chapter 1: Pollution Control Board; part 212 Visible and Particulate 
Matter Emissions; subpart E: Particulate Matter Emission from Fuel 
Combustion Emission Sources; Sec. Sec. 212.201, 212.202, 212.203 and 
212.204. Amended or added at 10 Ill Reg. 12637, effective July 9, 1986.
    (B) Title 35: Environmental Protection, Illinois Administrative 
Code, Subtitle B: Air Pollution; Chapter 1: Pollution Control Board; 
part 212 Visible and Particulate Matter Emissions; subpart B: Visible 
Emissions. Amended or added at 12 Ill. Reg 12492, effective July 13, 
1988.
    (C) Title 35: Environmental Protection, Illinois Administrative 
Code; Subtitle A: General Provisions; Chapter 1: Pollution Control 
Board; part 106: Hearings Pursuant to Specific Rules; subpart E: Air 
Adjusted Standards Procedures. Added at 12 Ill. Reg 12484, effective 
July 13, 1988.
    (95) On October 16, 1991, and November 13, 1991, the State submitted 
particulate matter regulations adopted as part of Pollution Control 
Board Proceeding R91-6. These regulations concern particulate matter 
controls for LaSalle County, Illinois.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board.
    (A) The addition of definitions for ``Condensible PM-10'', ``PM-
10'', ``Portland Cement Manufacturing Process Emission Source'', and the 
modification of the definition of ``Portland Cement Process'' to Part 
211 Definitions and General Provisions: Section 211.122 Definitions; 
adopted at 15 Illinois Register 15673, effective October 14, 1991.
    (B) Part 212 Visible and Particulate Matter Emissions: Section 
212.110 Measurement Methods; the addition of an abbreviation for pounds 
per hour to Section 212.111 Abbreviations and Units; additions and 
deletions to Section 212.113 Incorporations by Reference including the 
addition and/or renumbering of paragraphs (a), (b), (c), (d), (e), and 
(h) and the deletion of paragraphs earlier numbered as (a) and (f); 
Section 212.423 Emission Limits for Portland Cement the Manufacturing 
Plant Located in LaSalle County, South of the Illinois River; adopted at 
15 Illinois Register 15708, effective October 4, 1991.

[[Page 542]]

    (96) On November 12, 1992, the State of Illinois submitted a Small 
Business Stationary Source Technical and Environmental Assistance 
Program for incorporation in the Illinois State Implementation Plan as 
required by section 507 of the Clean Air Act Amendments of 1990. 
Included in the State's submittal were a program description, newly 
adopted enabling legislation including new subsection 20 of section 39.5 
of the Environmental Protection Act, Public Act 87-1213, and new 
subsection 46.13(a) of the Civil Administrative Code, Public Act 87-
1177, and a May 4, 1992, State of Illinois, Illinois Department of 
Commerce and Community Affairs (DCCA), Illinois Environmental Protection 
Agency (IEPA) Interagency Agreement defining the responsibilities of 
DCCA and IEPA in developing and implementing the Small Business 
Stationary Source Technical and Environmental Compliance Assistance 
Program (Program).
    (i) Incorporation by reference. (A) Subsection 20 of section 39.5 of 
the Environmental Protection Act adopted as Public Act 87-1213 signed 
into law on September 26, 1992, and effective upon signature.
    (B) Subsection 46.13(a) of the Civil Administrative Code adopted as 
Public Act 87-1177 signed into law on September 21, 1992, and effective 
upon signature.
    (ii) Other material. (A) Program description.
    (B) May 4, 1992, Interagency Agreement between DCCA and IEPA 
defining the responsibilities of each agency in developing and 
implementing the program.
    (97) On October 12, 1992, and June 2, 1993, the State of Illinois 
submitted a requested revision to the Illinois State Implementation Plan 
(SIP) intended to satisfy the requirements of section 182(a)(3)(B) of 
the Clean Air Act as amended in 1990. Included were State rules 
establishing procedures for the annual reporting of emissions of 
volatile organic material (VOM) and oxides of nitrogen (NOX) 
as well as other regulated air pollutants by stationary sources in ozone 
nonattainment areas. Also included was a June 2, 1993, commitment letter 
from the Illinois Environmental Protection Agency (IEPA) to fulfill the 
reporting requirements of the United States Environmental Protection 
Agency by performing the following tasks:
    (i) Update the AIRS Facility Subsystem using the annual emissions 
report data. The 1992 data will be updated by December 31, 1993, and 
subsequent updates will be made by July 1st of each year.
    (ii) Retain annual emissions reports for at least three (3) years.
    (iii) Develop and submit Emissions Statement Status Reports (ESSR) 
on a quarterly basis each year until all applicable sources have 
submitted the required annual emissions reports. The report will show 
the total number of facilities from which emission statement data was 
requested, the number of facilities that met the provisions, and the 
number of facilities that failed to meet the provisions. Sources that 
are delinquent in submitting their emissions statements will be 
individually listed if they emit 500 tons per year or more of VOM or 
2500 tons per year or more of NOX. The report will also 
contain the emission data requested in Appendix F of the July 6, 1992, 
Draft Guidance on the Implementation of an Emission Statement Program.
    (iv) All sources subject to the emission statement requirements must 
report, at a minimum, the information specified under subpart C of part 
254 of chapter II of subtitle B of title 35 of the Illinois 
Administrative Code.
    (A) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter II: 
Environmental Protection Agency, Part 254: Annual Emissions Report, 
adopted at 17 Illinois Register 7782, effective May 14, 1993.
    (B) Other material. June 2, 1993, commitment letter.
    (98) On July 21, 1986, the State a submitted revision to its 
particulate matter regulations to incorporate an emission limit for 
continuous automatic stoking animal pathological waste incinerators.
    (i) Incorporation by reference. (A) Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control 
Board, Part 212 Visible and

[[Page 543]]

Particulate Matter Emissions, subpart D: Particulate Matter Emissions 
from Incinerators, section 212.185 Continuous Automatic Stoking Animal 
Pathological Waste Incinerators. Adopted December 18, 1986, added at 11 
Ill. Reg. 1410, effective December 30, 1986.
    (99) On January 4, 1989, the State submitted revisions to its sulfur 
dioxide rules.
    (i) Incorporation by reference. (A) Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control 
Board, Subchapter c: Emission Standards and Limitations for Stationary 
Sources, Part 214 Sulfur Limitations, Subpart A: General Provisions, 
section 214.102 Abbreviations and Units. Amended at 12 Ill. Reg. 20778, 
effective December 5, 1988.
    (B) Title 35: Environmental Protection, Subtitle B: Air Pollution, 
Chapter 1: Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 214 Sulfur Limitations, Subpart 
A: General Provisions, section 214.104 Incorporations by Reference. 
Amended at 15 Ill. Reg. 1017, effective January 15, 1991.
    (C) Title 35: Environmental Protection, Subtitle B: Air Pollution, 
Chapter 1: Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 214 Sulfur Limitations, Subpart 
O: Petroleum Refining, Petrochemical and Chemical Manufacturing, section 
214.382 Petroleum and Petrochemical Processes. Amended at 12 Ill. Reg. 
20778, effective December 5, 1988.
    (100) On October 21, 1993, the State submitted definitions codified 
as part of the Illinois Administrative Code for incorporation in the 
Illinois State Implementation Plan.
    (i) Incorporation by reference. Illinois Administrative Code Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 211 Definitions and General 
Provisions, Subpart A: General Provisions: Sections 211.101 and 211.102, 
Subpart B: Definitions, Sections 211.121, 211.130, 211.150, 211.170, 
211.210, 211.230, 211.250, 211.290, 211.310, 211.330, 211.350, 211.370, 
211.390, 211.410, 211.430, 211.450, 211.470, 211.490, 211.510, 211.530, 
211.550, 211.570, 211.590, 211.610, 211.630, 211.650, 211.670, 211.690, 
211.710, 211.730, 211.750, 211.770, 211.790, 211.810, 211.830, 211.850, 
211.870, 211.890, 211.910, 211.930, 211.950, 211.970, 211.990, 211.1010, 
211.1050, 211.1090, 211.1110, 211.1130, 211.1150, 211.1170, 211.1190, 
211.1210, 211.1230, 211.1250, 211.1270, 211.1290, 211.1310, 211.1330, 
211.1350, 211.1370, 211.1390, 211.1410, 211.1430, 211.1470, 211.1490, 
211.1510, 211.1530, 211.1550, 211.1570, 211.1590, 211.1610, 211.1630, 
211.1650, 211.1670, 211.1690, 211.1710, 211.1730, 211.1750, 211.1770, 
211.1790, 211.1810, 211.1830, 211.1850, 211.1870, 211.1890, 211.1910, 
211.1930, 211.1950, 211.1970, 211.1990, 211.2010, 211.2050, 211.2070, 
211.2090, 211.2110, 211.2130, 211.2150, 211.2170, 211.2190, 211.2210, 
211.2230, 211.2250, 211.2270, 211.2310, 211.2330, 211.2350, 211.2370, 
211.2390, 211.2410, 211.2430, 211.2450, 211.2470, 211.2490, 211.2510, 
211.2530, 211.2550, 211.2570, 211.2590, 211.2650, 211.2670, 211.2690, 
211.2710, 211.2730, 211.2750, 211.2770, 211.2790, 211.2810, 211.2830, 
211.2850, 211.2870, 211.2890, 211.2910, 211.2930, 211.2950, 211.2970, 
211.2990, 211.3010, 211.3030, 211.3050, 211.3070, 211.3090, 211.3110, 
211.3130, 211.3150, 211.3170, 211.3190, 211.3210, 211.3230, 211.3250, 
211.3270, 211.3290, 211.3310, 211.3330, 211.3350, 211.3370, 211.3390, 
211.3410, 211.3430, 211.3450, 211.3470, 211.3490, 211.3510, 211.3530, 
211.3550, 211.3570, 211.3590, 211.3610, 211.3630, 211.3650, 211.3670, 
211.3690, 211.3710, 211.3730, 211.3750, 211.3770, 211.3790, 211.3810, 
211.3830, 211.3850, 211.3870, 211.3890, 211.3910, 211.3930, 211.3970, 
211.3990, 211.4010, 211.4030, 211.4050, 211.4070, 211.4090, 211.4110, 
211.4130, 211.4150, 211.4170, 211.4190, 211.4210, 211.4230, 211.4250, 
211.4270, 211.4290, 211.4310, 211.4330, 211.4350, 211.4370, 211.4390, 
211.4410, 211.4430, 211.4450, 211.4470, 211.4490, 211.4510, 211.4530, 
211.4550, 211.4590, 211.4610, 211.4630, 211.4650, 211.4670, 211.4690, 
211.4710, 211.4730, 211.4750, 211.4770, 211.4790, 211.4810, 211.4870, 
211.4890, 211.4910, 211.4930, 211.4950, 211.4990, 211.5030, 211.5050, 
211.5070, 211.5090, 211.5110, 211.5130, 211.5150, 211.5170, 211.5185, 
211.5190, 211.5210, 211.5230, 211.5250, 211.5270, 211.5310, 211.5330, 
211.5350, 211.5370, 211.5410, 211.5430, 211.5450, 211.5470, 211.5490, 
211.5510, 211.5550, 211.5570, 211.5590, 211.5610, 211.5630, 211.5650,

[[Page 544]]

211.5670, 211.5690, 211.5710, 211.5730, 211.5750, 211.5770, 211.5790, 
211.5810, 211.5830, 211.5850, 211.5870, 211.5890, 211.5910, 211.5930, 
211.5950, 211.5970, 211.5990, 211.6010, 211.6030, 211.6050, 211.6070, 
211.6090, 211.6130, 211.6150, 211.6190, 211.6210, 211.6230, 211.6270, 
211.6290, 211.6310, 211.6330, 211.6350, 211.6370, 211.6390, 211.6410, 
211.6430, 211.6450, 211.6470, 211.6490, 211.6510, 211.6530, 211.6550, 
211.6570, 211.6590, 211.6610, 211.6670, 211.6690, 211.6730, 211.6750, 
211.6770, 211.6790, 211.6810, 211.6850, 211.6870, 211.6890, 211.6910, 
211.6930, 211.6950, 211.6970, 211.6990, 211.7010, 211.7030, 211.7070, 
211.7090, 211.7110, 211.7130, 211.7150, 211.7170, 211.7190, 211.7210, 
211.7230, 211.7250, 211.7270, 211.7290, 211.7310, 211.7330, 211.7350.
    These section were added at 17 Ill. Reg. 16504, effective September 
27, 1993.
    (101) On October 21, 1993, the state submitted volatile organic 
compound (VOC) control regulations for incorporation in the Illinois 
State Implementation for ozone.
    (i) Incorporation by reference. (A) Illinois Administrative Code 
Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter 
I: Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources, Part 218: Organic Material Emission 
Standards and Limitations for the Chicago Area Subparts A, B, C, E, F, 
G, H, Q, R, S, T, V, W, X, Y, Z, AA, BB, and Section 218.
    Appendix A, B, C, and D. These regulations were adopted at R91-7 at 
15 Ill. Reg. 12231, effective August 16, 1991; amended in R91-23 at Ill. 
Reg. 13564, effective August 24, 1992; amended in R91-28 and R91-30 at 
16 Ill. Reg. 13864, effective August 24, 1992; amended in R93-9 at 17 
Ill. Reg. 16636, effective September 27, 1993. The specific adoption and 
effective dates of the rules incorporated by reference follow.
    (1) Adopted at R91-7 at 15 Ill. Reg. 12231, effective August 16, 
1991. Subpart A 218.108; Subpart C: 218.142; Subpart R: 218.442, 
218.444, 218.448, 218.451; Subpart T: 218.484, 218.488; Subpart V: 
218.526; Subpart X: 218.561, 218.563; Subpart Z: 218.607; Subpart AA: 
218.625, 218.626 and 218.630.
    (2) Amended in R93-9 at 17 Ill. Reg. 16636, effective September 27, 
1993. Subpart A: 218.100, 218.101, 218.102, 218.103, 218.104, 218.105, 
218.106, 218.107, 218.109, 218.110, 218.111, 218.112; Subpart B: 
218.121, 218.122, 218.123, 218.124; Subpart C: 218.141, 218.143, 
218.144; Subpart E: 218.181, 218.182, 218.183, 218.184, 218.186; Subpart 
F: 218.204, 218.205, 218.206, 218.207, 218.208, 218.209, 218.210, 
218.211; Subpart G: 218.301, 218.302, 218.303, 218.304; Subpart H: 
218.401, 218.402, 218.403, 218.404, 218.405; Subpart Q: 218.421, 
218.422, 218.423, 218.424, 218.425, 218.426, 218.427, 218.428, 218.429; 
Subpart R: 218.441, 218.443, 218.445, 218.446, 218.447, 218.449, 
218.450, 218.452; Subpart S: 218.461, 218.462, 218.463, 218.464; Subpart 
T: 218.480, 218.481, 218.482, 218.483, 218.485, 218.486, 218.487, 
218.489; Subpart V: 218.525; Subpart W: 218.541; Subpart X: 218.562; 
Subpart Y: 218.581, 218.582, 218.583, 218.584, 218.585, 218.586; Subpart 
Z: 218.601, 218.602, 218.603, 218.608, 218.609, 218.610, 218.611; 
Subpart AA: 218.620, 218.621, 218.623, 218.624, 218.628, 218.636, 
218.637; Subpart BB: 218.640, 218.642, 218.644, Section 218: Appendix A, 
Appendix B, Appendix C, Appendix D.
    (B) Illinois Administrative Code Title 35: Environmental Protection, 
Subtitle B: Air Pollution, Chapter I: Pollution Control Board, 
Subchapter c: Emissions Standards and Limitations for Stationary 
Sources, Part 219: Organic Material Emission Standards and Limitations 
for Metro East Area Subparts A, B, C, E, F, G, H, Q, R, S, T, V, W, X, 
Y, Z, AA, BB and Section 219 Appendix A, B, C, and D. These regulations 
were adopted at R91-8 at Ill. Reg. 12491, effective August 16, 1991; 
amended in R91-24 at 16 Ill. Reg. 13597, effective August 24, 1992; 
amended in R91-30 at 16 Ill. Reg. 13833, effective August 24, 1992, 
emergency amendment in R93-12 at Ill. Reg. 8295, effective May 24, 1993, 
for a maximum of 150 days, amended in R93-9 at 17 Ill. Reg. 16918, 
effective September 27, 1993 and October 21, 1993. The specific adoption 
and effective dates of the rules incorporated by reference follow.
    (1) Adopted at R91-8 at 15 Ill. Reg. 12491, effective August 16, 
1991: Subpart A: 219.103, 219.108; Subpart C: 219.142; Subpart R: 
219.442, 219.444, 219.448, 219.451; Subpart T: 219.484, 219.488; Subpart 
V: 219.526; Subpart X: 219.561, 219.563; Subpart Z: 219.607; Subpart AA: 
219.625, 219.626, 219.630.

[[Page 545]]

    (2) Amended in R93-9 at 17 Ill. Reg. 16918, effective September 27, 
1993:

Subpart A: 219.100, 219.101, 219.102, 219.104, 219.105, 219.106, 
219.107, 219.109, 219.110, 219.111, 219.112;
Subpart B: 219.121, 219.122, 219.123, 219.124;
Subpart C: 219.141, 219.143, 219.144;
Subpart E: 219.181, 219.182, 219.183, 219.184, 219.186;
Subpart F: 219.204, 219.205, 219.206, 219.207, 219.208, 219.209, 
219.210, 219.211;
Subpart G: 219.301, 219.302, 219.303, 219.304;
Subpart H: 219.401, 219.402, 219.403, 219.404, 219.405;
Subpart Q: 219.421, 219.422, 219.423, 219.424, 219.425, 219.426, 
219.427, 219.428, 219.429;
Subpart R: 219.441, 219.443, 219.445, 219.446, 219.447, 219.449, 
219.450, 219.452;
Subpart S: 219.461, 219.462, 219.463, 219.464;
Subpart T: 219.480, 219.481, 219.482, 219.483, 219.485, 219.486, 
219.487, 219.489;
Subpart V: 219.525;
Subpart W: 219.541;
Subpart X: 219.562;
Subpart Y: 219.581, 219.582, 219.583, 219.584, 219.585, 219.586;
Subpart Z: 219.601, 219.602, 219.603, 219.608, 219.609, 219.610, 
219.611;
Subpart AA: 219.620, 219.621, 219.623, 219.624, 219.628, 219.636, 
219.637;
Subpart BB: 219.640, 219.642, 219.644;
Section 219: Appendix A, Appendix B, Appendix C, Appendix D.

    (102) On October 21, 1993 and March 4, 1994, the State submitted 
volatile organic compound control regulations for incorporation in the 
Illinois State Implementation Plan for ozone.
    (i) Incorporation by reference. (A) Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control 
Board, Subchapter c: Emission Standards and Limitations for Stationary 
Sources, Part 211: Definitions and General Provisions, Subpart B: 
Definitions, Sections 211.270, 211.1070, 211.2030, 211.2610, 211.3950, 
211.4050, 211.4830, 211.4850, 211.4970, 211.5390, 211.5530, 211.6110, 
211.6170, 211.6250, 211.6630, 211.6650, 211.6710, 211.6830, 211.7050. 
These sections were adopted on January 6, 1994, Amended at 18 Ill. Reg. 
1253, and effective January 18, 1994.
    (B) Illinois Administrative Code Title 35: Environmental Protection, 
Subtitle B: Air Pollution, Chapter I: Pollution Control Board, 
Subchapter c: Emissions Standards and Limitations for Stationary 
Sources, Part 218: Organic Material Emissions Standards and Limitations 
for the Chicago Area, Subpart PP: 218.927, 218.928; Subpart QQ: 218.947, 
218.948; Subpart RR: 218.967, 218.968; Subpart TT: 218.987, 218.988; 
Subpart UU: 218.990. These sections were adopted on September 9, 1993, 
Amended at 17 Ill. Reg. 16636, effective September 27, 1993.
    (C) Illinois Administrative Code Title 35: Environmental Protection, 
Subtitle B: Air Pollution, Chapter I: Pollution Control Board, 
Subchapter c: Emissions Standards and Limitations for Stationary 
Sources, Part 218: Organic Material Emissions Standards and Limitations 
for the Chicago Area, Subpart A: 218.106, 218.108, 218.112, 218.114; 
Subpart H: 218.402; Subpart Z: 218.602, 218.611; Subpart AA: 218.620, 
218.623 (repealed); Subpart CC; Subpart DD; Subpart PP: 218.920, 
218.926; Subpart QQ: 218.940, 218.946; Subpart RR: 218.960, 218.966; 
Subpart TT: 218.980, 218.986; Subpart UU: 218.991. These sections were 
adopted on January 6, 1994, Amended at 18 Ill. Reg. 1945, effective 
January 24, 1994.
    (103) On February 11, 1993, Illinois submitted a site specific 
revision to its carbon monoxide State Implementation Plan for a General 
Motors Corporation iron foundry located adjacent to Interstate 74 at G 
Street in Vermilion County, Illinois.
    (i) Incorporation by reference. (A) Illinois Administrative Code; 
Title 35 Environmental Protection; Subtitle B: Air Pollution; Chapter I: 
Pollution Control Board; Subchapter C: Emission Standards and 
Limitations for Stationary Sources; P 216: Carbon Monoxide Emissions; 
Subpart O: Primary and Fabricated Metal Products; Section 216.382 
Exception, General Motors Ferris Foundry in Vermilion County. Added at 
16 Illinois Register 18075, effective November 13, 1992.
    (104) [Reserved]
    (105) On February 7, 1994, the State submitted revisions intended to 
create a permit program for small sources. The purpose of these 
revisions is to lessen the permitting burden on small sources and the 
permitting authority by reducing the frequency and/or the requirement of 
operating permit renewal for sources emitting a total of less than 25 
tons per year of regulated air pollutants. A permit obtained through 
these procedures is intended to

[[Page 546]]

continue as a legally binding State document until the source modifies 
its operations, withdraws its permit or becomes subject to a new 
applicable requirement. At that time, the State will determine whether 
the small source procedures continue to be appropriate and issue a 
revised small source permit or direct the source in following the 
correct permit procedures. Since small source permits are not subject to 
a public comment period or review by USEPA, they are not federally 
enforceable and cannot be used to limit sources' potential to emit and 
thereby exempt them from the requirements of the title v operating 
permit program.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board.
    (A) Subchapter a: Permits and General Provisions, Part 201: Permits 
and General Provisions.
    (1) Subpart D: Permit Applications and Review Process, Section 
201.162 Duration and Section 201.163 Joint Construction and Operating 
Permits. Amended at 17 Ill. Reg., effective December 7, 1993.
    (2) Subpart E: Special Provisions for Operating Permits for Certain 
Smaller Sources, Section 201.180 Applicability, Section 201.181 
Expiration and Renewal and Section 201.187 Requirement for a Revised 
Permit Added at 17 Ill. Reg., effective December 7, 1993.
    (B) Subchapter C: Emission Standards and Limitations for Stationary 
Sources, Part 211: Definitions and General Provisions, Subpart B: 
Definitions, Section 211.5500 Regulated Air Pollutant. Adopted at 17 
Ill. Reg., effective December 7, 1993.
    (106) On November 23, 1994, the State submitted amended marine 
vessel loading rules which consisted of revised definitions, and 
revisions to the Ozone Control Plan for the Chicago and Metro-East St. 
Louis areas.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources.
    (A) Part 211: Definitions and General Provisions, Subpart B: 
Definitions, Sections 211.3480 Loading Event and 211.3660 Marine Vessel 
added at 18 Ill. Reg. 166769, effective October 25, 1994; Sections 
211.3650 Marine Terminal, and 211.6970 Vapor Collection System, and 
Section 211.6990 Vapor Control System amended at 18 Ill. Reg. 16769, 
effective October 25, 1994.
    (B) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart A; General Provisions, Sections 218.101 
Savings Clause and 218.106 Compliance Dates amended at 18 Ill. Reg. 
16392, effective October 25, 1994; Subpart GG: Marine Terminals, 
Sections 218.760 Applicability, 218.762 Control Requirements, 218.764 
Compliance Certification, 218.766 Leaks, 218.768 Testing and Monitoring, 
and 218.770 Recordkeeping and Reporting added at 18 Ill. Reg. 16392, 
effective October 25, 1994; Appendix E: List of Affected Marine 
Terminals amended at 18 Ill. Reg. 16392, effective October 25, 1994.
    (C) Part 219: Organic Material Emissions Standards and Limitations 
for the Metro-East Area, Subpart A; General Provisions, Sections 219.101 
Savings Clause and 219.106 Compliance Dates amended at 18 Ill. Reg. 
16415, effective October 25, 1994; Subpart GG: Marine Terminals, 
Sections 219.760 Applicability, 219.762 Control Requirements, 219.764 
Compliance Certification, 219.766 Leaks, 219.768 Testing and Monitoring, 
and 219.770 Recordkeeping and Reporting added at 18 Ill. Reg. 16415, 
effective October 25, 1994.
    (D) Part 219: Organic Material Emissions Standards and Limitations 
for the Metro-East Area, Appendix E: List of affected Marine Terminals 
amended at 20 Ill. Reg. 3848. Effective February 15, 1996.
    (107) On October 25, 1994, Illinois submitted a regulation which 
requires gasoline dispensing operations in the Chicago and Metro-East 
St. Louis ozone nonattainment areas that have storage tanks of at least 
575 gallons to install pressure/vacuum relief valves on storage tank 
vent pipes. Tanks installed before January 1, 1979, are exempt from the 
rule if they have a capacity of less than 2000 gallons, as are tanks 
that are

[[Page 547]]

equipped with floating roofs or equivalent control devices that have 
been approved by the State and USEPA.
    (i) Incorporation by reference. Illinois Administrative Code Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources.
    (A) Part 201 Permits and General Provisions, Section 201.302 
Reports. Amended at 18 Ill. Reg. 15002. Effective September 21, 1994.
    (B) Part 211 Definitions and General Provisions, Section 211.5060 
Pressure/Vacuum Relief Valve. Added at 18 Ill. Reg. 14962. Effective 
September 21, 1994.
    (C) Part 218 Organic Material Emission Standards and Limitations for 
Chicago Area, Section 218.583 Gasoline Dispensing Operations-Storage 
Tank Filling Operations. Amended at 18 Ill. Reg. 14973. Effective 
September 21, 1994.
    (D) Part 219 Organic Material Emission Standards and Limitations for 
Metro East Area, Section 219.583 Gasoline Dispensing Operations-Storage 
Tank Filling Operations. Amended at 18 Ill. Reg. 14987. Effective 
September 21, 1994.
    (108) On January 25, 1994, the State submitted a revision to its 
ozone State Implementation Plan (SIP) for Quantum Chemical Corporation's 
facility located in Morris, Aux Sable Township, Grundy County, Illinois. 
It grants an adjusted standard from Parts 35 Illinois Administration 
Code (IAC) 218.966 and 218.986 as they apply to specific units or plants 
within this facility.
    (i) Incorporation by reference. (A) Illinois Pollution Control Board 
Final Opinion and Order, AS 92-14, adopted on October 7, 1993, and 
effective on October 7, 1993.
    (109) On October 25, 1994, Illinois submitted a regulation that 
reduces the maximum allowable volatility for gasoline sold in the Metro-
East St. Louis ozone nonattainment area, which includes Madison, Monroe, 
and St. Clair Counties, to 7.2 pounds per square inch Reid Vapor 
Pressure (RVP) during the summer control period. On May 14, 1996, 
Illinois submitted an amendment to its RVP rule which changes the summer 
regulatory control period of the program. The summer control period for 
the Illinois RVP program is June 1 to September 15.
    (i) Incorporation by reference. Illinois Administrative Code Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources, Part 219 Organic Material Emission 
Standards and Limitations for Metro East Area.
    (A) Section 219.112 Incorporation by Reference. Amended at 18 Ill. 
Reg. 14987. Effective September 21, 1994.
    (B) [Reserved]
    (C) Section 219.585 Gasoline Volatility Standards. Amended at 20 
Ill. Reg. 3848: Effective February 15, 1996.
    (110) On September 26, 1994, the State of Illinois submitted a 
revision to its ozone State Implementation Plan for the J. M. Sweeney 
Company located in Cicero, Cook County, Illinois. It grants a compliance 
date extension from Stage II vapor control requirements (35 Ill. Adm. 
Code 218.586) from November 1, 1993, to March 31, 1995.
    (i) Incorporation by reference. (A) Illinois Pollution Control Board 
Final Opinion and Order, PCB 93-257, adopted on September 1, 1994, and 
effective on September 1, 1994. Certification dated 9/23/94 of 
Acceptance by J. M. Sweeney.
    (111) On July 29, 1994, Illinois submitted regulations which require 
adoption and implementation of particulate matter contingency measures 
for Illinois' four moderate particulate matter nonattainment areas. 
Sources in the nonattainment areas which emit at least 15 tons of 
particulate matter must submit two levels of contingency measures, which 
will then become Federally enforceable. Sources will be required to 
implement the contingency measures if an exceedance of the National 
Ambient Air Quality Standard for Particulate Matter is measured, or if 
the United States Environmental Protection Agency finds that an area has 
failed to attain the National Ambient Air Quality Standards.
    (i) Incorporation by reference. Illinois Administrative Code Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board;

[[Page 548]]

    (A) Part 106 Hearings Pursuant to Specific Rules, Section 106.930--
Applicability, Section 106.931--Petition for Review, Section 106.932--
Response and Reply, Section 106.933--Notice and Hearing, Section 
106.934--Opinion and Order. Amended at 18 Ill. Reg. 11579-11586. 
Effective July 11, 1994.
    (B) Part 212 Visible and Particulate Matter Emissions, Section 
212.700--Applicability, Section 212.701--Contingency Measure Plans, 
Submittal and Compliance Date, Section 212.702--Determination of 
Contributing Sources, Section 212.703--Contingency Measure Plan 
Elements, Section 212.704--Implementation, Section 212.705--Alternative 
Implementation. Added at 18 Ill. Reg. 11587-11606. Effective July 11, 
1994.
    (112) On March 28, 1995, the State of Illinois submitted a revision 
to its ozone State Implementation Plan for P & S, Incorporated's 
facility located in Wood Dale, Du Page County, Illinois. It grants a 
compliance date extension from Stage II vapor control requirements (35 
Ill. Adm. Code 218.586) from November 1, 1994 until April 1, 1996, or 60 
days after notification to P & S, Incorporated that the roadway 
construction complicating the installation of Stage II equipment will be 
abandoned for any reason, whichever is sooner.
    (i) Incorporation by reference. (A) Illinois Pollution Control Board 
Final Opinion and Order, PCB 94-299, adopted on February 16, 1995, and 
effective on February 16, 1995. Certification dated March 1, 1995 of 
Acceptance by P & S, Incorporated.
    (113) On April 27, 1995, the Illinois Environmental Protection 
Agency requested a revision to the Illinois State Implementation Plan in 
the form of revisions to the State's New Source Review rules for sources 
in the Chicago and metropolitan East St. Louis ozone nonattainment areas 
and are intended to satisfy Federal requirements of the Clean Air Act as 
amended in 1990. The State's New Source Review provisions are codified 
at Title 35: Environmental Protection Subtitle B: Air Pollution, Chapter 
I: Pollution Control Board, Subchapter a: Permits and General 
Provisions. Part 203 Major Stationary Sources Construction and 
Modification is amended as follows:
    (i) Incorporation by reference. (A) Title 35: Environmental 
Protection, Subpart A: General Provisions, Section 203.101 Definitions, 
Section 203.107 Allowable Emissions, Section 203.110 Available Growth 
Margin, Section 203.112 Building, Structure and Facility, Section 
203.121 Emission Offset, Section 203.122 Emissions Unit, Section 203.123 
federally Enforceable, Section 203.126 Lowest Achievable Emission Rate, 
Section 203.128 Potential to Emit, Section 203.145 Volatile Organic 
Material, Section 203.150 Public Participation. Effective April 30, 
1993.
    (B) Title 35: Environmental Protection, Subpart B: Major Stationary 
Sources in Nonattainment Areas, Section 203.201 Prohibition, Section 
203.203 Construction Permit Requirement and Application, Section 203.206 
Major Stationary Source, Section 203.207 Major Modification of a Source, 
Section 203.208 Net Emission Determination, Section 203.209 Significant 
Emissions Determination. Effective April 30, 1993.
    (C) Title 35: Environmental Protection, Subpart C: Requirements for 
Major Stationary Sources in Nonattainment Areas, Section 203.301 Lowest 
Achievable Emission Rate, Section 203.302 Maintenance of Reasonable 
Further Progress and Emission Offsets, Section 203.303 Baseline and 
Emission Offsets Determination, Section 203.306 Analysis of 
Alternatives. Effective April 30, 1993.
    (D) Title 35: Environmental Protection, Subpart H: Offsets for 
Emission Increases From Rocket Engines and Motor Firing, Section 203.801 
Offsetting by Alternative or Innovative Means. Effective April 30, 1993. 
Published in the Illinois Register, Volume 17, Issue 20, May 14, 1993.
    (114) On November 30, 1994, the State submitted an amended Synthetic 
Organic Chemical Manufacturing Industry Air Oxidation Process rule which 
consisted of extended applicability and tightened control measures to 
the Ozone Control Plan for the Chicago and Metro-East St. Louis areas.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control

[[Page 549]]

Board, Subchapter c: Emissions Standards and Limitations for Stationary 
Sources.
    (A) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart V; Air Oxidation Processes, Sections 
218.520 Emission Limitations for Air Oxidation Processes, 218.522 
Savings Clause, 218.523 Compliance, 218.524 Determination of 
Applicability, and 218.525 Emission Limitations for Air Oxidation 
Processes (Renumbered) at 18 Ill. Reg. 16972, effective November 15, 
1994.
    (B) Part 219: Organic Material Emissions Standards and Limitations 
for the Metro-East Area, Subpart V; Air Oxidation Processes, Sections 
219.520 Emission Limitations for Air Oxidation Processes, 219.522 
Savings Clause, 219.523 Compliance, 219.524 Determination of 
Applicability, and 219.525 Emission Limitations for Air Oxidation 
Processes (Renumbered) at 18 Ill. Reg. 17001, effective November 15, 
1994.
    (115) On May 5, 1995, and May 26, 1995, the State submitted an 
amended coating rule which consisted of a tightened applicability cut-
off level for wood furniture coating operations to the Ozone Control 
Plan for the Chicago and Metro-East St. Louis areas.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources.
    (A) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart F; Coating Operations, Sections 218.208 
Exemptions from Emission Limitations, Subsection (b), amended at 19 Ill. 
Reg. 6848, effective May 9, 1995.
    (B) Part 219: Organic Material Emissions Standards and Limitations 
for the Metro-East Area, Subpart F; Coating Operations, Section 219.208 
Exemptions from Emission Limitations, Subsection (b), amended at 19 Ill. 
Reg. 6958, effective May 9, 1995.
    (116) On May 5, 1995, and May 26, 1995, the State submitted a rule 
for automotive/transportation and business machine plastic parts coating 
operations, which consisted of new volatile organic compound emission 
limitations to the Ozone Control Plan for the Chicago and Metro-East St. 
Louis areas.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources.
    (A) Part 211: Definitions and General Provisions, Subpart B; 
Definitions, Sections 211.660 Automotive/Transportation Plastic Parts, 
211.670 Baked Coatings, 211.820 Business Machine Plastic Parts, 211.1880 
Electromagnetic Interference/Radio Frequency Interference Shielding 
Coatings, 211.1900 Electrostatic Prep Coat, 211.2360 Flexible Coatings, 
211.2630 Gloss Reducers, 211.4055 Non-Flexible Coating, 211.4740 Plastic 
Part, 211.5480 Reflective Argent Coating, 211.5600 Resist Coat, 211.6060 
Soft Coat, 211.6140 Specialty Coatings, 211.6400 Stencil Coat, 211.6580 
Texture Coat, and 211.6880 Vacuum Metallizing, amended at 19 Ill. 6823, 
effective May 9, 1995.
    (B) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart F; Coating Operations, Sections 218.204 
Emission Limitations, Subsection (n) Plastic Parts Coating: Automotive/
Transportation and (o) Plastic Parts Coating: Business Machine, 218.205 
Daily-Weighted Average Limitations, Subsection (g), and 218.207 
Alternative Emission Limitations, Subsection (i), amended at 19 Ill. 
6848, effective May 9, 1995.
    (C) Part 219: Organic Material Emissions Standards and Limitations 
for the Metro-East Area, Subpart F; Coating Operations, Section 219.204 
Emission Limitations, Subsection (m) Plastic Parts Coating: Automotive/
Transportation and (n) Plastic Parts Coating: Business Machine, 219.205 
Daily-Weighted Average Limitations, Subsection (f), and 219.207 
Alternative Emission Limitations, Subsection (h), amended at 19 Ill. 
Reg. 6958, effective May 9, 1995.
    (117) On May 31, 1995, the State submitted amended lithographic 
printing rules which consisted of revised definitions, and revisions to 
the Ozone Control Plan for the Chicago and Metro-East St. Louis areas.

[[Page 550]]

    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources.
    (A) Part 211: Definitions and General Provisions, Subpart B: 
Definitions, Sections 211.474 Alcohol, 211.560 As-Applied Fountain 
Solution, 211.2850 Heatset Web Offset Lithographic Printing Line, 
211.4065 Non-Heatset, 211.5980 Sheet-Fed added at 19 Ill. Reg. 6823, 
effective May 9, 1995.
    (B) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart H; Printing and Publishing, Sections 
218.405 Lithographic Printing: Applicability, 218.406 Provisions 
Applying to Heatset Web Offset Lithographic Printing Prior to March 15, 
1996, 218.407 Emissions Limitations and Control Requirements for 
Lithographic Printing Lines On and After March 15, 1996, 218.408 
Compliance Schedule for Lithographic Printing on and After March 15, 
1996, 218.409 Testing for Lithographic Printing On and After March 15, 
1996, 218.410 Monitoring Requirements for Lithographic Printing, 218.411 
Recordkeeping and Reporting for Lithographic Printing added at 19 Ill. 
Reg. 6848, effective May 9, 1995.
    (C) Part 219: Organic Material Emissions Standards and Limitations 
for the Metro-East Area, Subpart H; Printing and Publishing, Sections 
219.405 Lithographic Printing: Applicability, 219.406 Provisions 
Applying to Heatset Web Offset Lithographic Printing Prior to March 15, 
1996, 219.407 Emissions Limitations and Control Requirements for 
Lithographic Printing Lines On and After March 15, 1996, 219.408 
Compliance Schedule for Lithographic Printing on and After March 15, 
1996, 219.409 Testing for Lithographic Printing On and After March 15, 
1996, 219.410 Monitoring Requirements for Lithographic Printing, 219.411 
Recordkeeping and Reporting for Lithographic Printing added at 19 Ill. 
Reg. 6848, effective May 9, 1995.
    (118) On October 24, 1994, the State submitted a site-specific 
revision to the State Implementation Plan establishing lubricant 
selection and temperature control requirements for Alumax Incorporated, 
Morris, Illinois facility's hot and cold aluminum rolling mills, as part 
of the Ozone Control Plan for the Chicago area.
    (i) Incorporation by reference. September 1, 1994, Opinion and Order 
of the Illinois Pollution Control Board AS 92-13, effective September 1, 
1994.
    (119) On May 5, 1995, and May 26, 1995, the State submitted a 
revised rule tightening volatile organic compound emission limitations 
for certain surface coating operations in the Chicago and Metro-East St. 
Louis areas.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources.
    (A) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart F; Coating Operations, Sections 218.204 
Emission Limitations, 218.205 Daily-Weighted Average Limitations, 
218.207 Alternative Emission Limitations, 218.208 Exemptions From 
Emission Limitations, 218.210 Compliance Schedule, 218.212 Cross-line 
Averaging to Establish Compliance for Coating Lines, 218.213 
Recordkeeping and Reporting for Cross-line Averaging Participating 
Coating Lines, 218.214 Changing Compliance Methods, 218 Appendix H 
Baseline VOM Content Limitations for Subpart F, Section 218.212 Cross-
Line Averaging, amended at 19 Ill. 6848, effective May 9, 1995.
    (B) Part 219: Organic Material Emissions Standards and Limitations 
for the Metro-East Area, Subpart F; Coating Operations, Sections 219.204 
Emission Limitations, 219.205 Daily-Weighted Average Limitations, 
219.207 Alternative Emission Limitations, 219.208 Exemptions From 
Emission Limitations, 219.210 Compliance Schedule, 219.212 Cross-line 
Averaging to Establish Compliance for Coating Lines, 219.213 
Recordkeeping and Reporting for Cross-line Averaging Participating 
Coating Lines, 219.214 Changing Compliance Methods, 219 Appendix H 
Baseline VOM Content Limitations for Subpart F, Section 219.212 Cross-
line Averaging, amended at 19 Ill. Reg. 6958, effective May 9, 1995.

[[Page 551]]

    (120) On May 5, 1995, and May 31, 1995, the State of Illinois 
submitted a rule for motor vehicle refinishing operations, which 
consisted of new volatile organic material (VOM) emission limitations to 
the Ozone Control Plan for the Chicago and Metro East St. Louis areas. 
This State Implementation Plan revision contains rules which establish 
VOM content limits for certain coatings and surface preparation products 
used in automobile and mobile equipment refinishing operations in the 
Chicago and Metro-East area, as well as requires these operations to 
meet certain equipment and work practice standards to further reduce 
VOM.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources.
    (A) Part 211: Definitions and General Provisions, Subpart B; 
Definitions, Sections 211.240 Adhesion Promoter, 211.495 Anti-Glare/
Safety Coating, 211.685 Basecoat/Clearcoat System, 211.1875 Elastomeric 
Materials, 211.3915 Mobile Equipment, 211.3960 Motor Vehicles, 211.3965 
Motor Vehicle Refinishing, 211.5010 Precoat, 211.5061 Pretreatment Wash 
Primer, 211.5080 Primer Sealer, 211.5090 Primer Surfacer Coat, 211.6145 
Specialty Coatings for Motor Vehicles, 211.6540 Surface Preparation 
Materials, 211.6620 Three or Four Stage Coating System, 211.6695 Topcoat 
System, 211.6720 Touch-Up Coating, 211.6860 Uniform Finish Blender, 
amended at 19 Ill. 6823, effective May 9, 1995.
    (B) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart HH; Motor Vehicle Refinishing, Sections 
218.780 Emission Limitations, 218.782 Alternative Control Requirements, 
218.784 Equipment Specifications, 218.786 Surface Preparation Materials, 
218.787 Work Practices, 218.788 Testing, 218.789 Monitoring and Record 
keeping for Control Devices, 218.790 General Record keeping and 
Reporting, 218.791 Compliance Date, 218.792 Registration, amended at 19 
Ill. 6848, effective May 9, 1995.
    (C) Part 219: Organic Material Emissions Standards and Limitations 
for the Metro-East Area, Subpart HH; Motor Vehicle Refinishing, Sections 
219.780 Emission Limitations, 219.782 Alternative Control Requirements, 
219.784 Equipment Specifications, 219.786 Surface Preparation Materials, 
219.787 Work Practices, 219.788 Testing, 219.789 Monitoring and Record 
keeping for Control Devices, 219.790 General Record keeping and 
Reporting, 219.791 Compliance Date 219.792 Registration, amended at 19 
Ill. Reg. 6958, effective May 9, 1995.
    (121) On May 23, 1995, and June 7, 1995, the State submitted 
volatile organic compound control regulations for incorporation in the 
Illinois State Implementation Plan for ozone.
    (i) Incorporation by reference. (A) Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control 
Board, Subchapter c: Emission Standards and Limitations for Stationary 
Sources, Part 211: Definitions and General Provisions, Subpart B: 
Definitions, Sections 211.695, 211.696, 211.5245, 211.6025. These 
sections were adopted on May 4, 1995, Amended at 19 Ill. Reg. 7344, and 
effective May 22, 1995.
    (B) Title 35: Environmental Protection, Subtitle B: Air Pollution, 
Chapter I: Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 218: Organic Material Emission 
Standards and Limitations for the Chicago Area, Subpart V: 218.500, 
218.501, 218.502, 218.503, 218.504, 218.505, 218.506. These sections 
were adopted on May 4, 1995, Amended at 19 Ill. Reg. 7359, and effective 
May 22, 1995.
    (C) Title 35: Environmental Protection, Subtitle B: Air Pollution, 
Chapter I: Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 219: Organic Material Emission 
Standards and Limitations for the Metro East Area, Subpart V: 219.500, 
219.501, 219.502, 219.503, 219.504, 219.505, 219.506. These sections 
were adopted on May 4, 1995, Amended at 19 Ill. Reg. 7385, and effective 
May 22, 1995.
    (122) On June 26, 1995, the Illinois Environmental Protection Agency 
(IEPA) submitted a State Implementation Plan (SIP) revision containing 
the 1992 enhancements to the Illinois vehicle

[[Page 552]]

inspection and maintenance (I/M) program. Such enhancements were 
originally developed to meet the I/M performance standard as called for 
in the United States Environmental Protection Agency's (USEPA's) 
proposed `post-1987' I/M SIP policy and specified in the settlement 
agreement entered into by the parties in Wisconsin v. Reilly, Case No. 
87-C-0395, E.D. Wis. The submittal includes authorizing legislation P.A. 
86-1433, signed into law on September 12, 1990 and procedural rules 
published in the Illinois Register on June 26, 1992 at Volume 16, Issue 
16.
    (i) Incorporation by reference. (A) 35 Illinois Administrative Code 
276; Sections 276.101, 276.102, 276.204, 276.206, 276.301, 276.303, 
276.304, 276.307, 276.308, 276.309, 276.310, 276.311, 276.401, 276.402, 
276.701, 276.702, and 276.703 amended or added at 16 Ill. Reg. 10230, 
effective June 15, 1992.
    (ii) Other material. (A) Public Act 86-1433 adopted by the Illinois 
General Assembly on June 29, 1990, signed into law by Governor Edgar on 
September 12, 1990 effective September 12, 1990 (Sections 2,3, and 4) 
and January 1, 1991 (Section 1). (B) June 26, 1995 letter and 
attachments from the IEPA's Bureau of Air Chief to the USEPA's Regional 
Air and Radiation Division Director submitting Illinois' revision to the 
ozone SIP.
    (123) On May 5, 1995, May 26, 1995, and May 31, 1995, the State of 
Illinois submitted miscellaneous revisions to its Volatile Organic 
Material (VOM) Reasonably Available Control Technology (RACT) rules 
contained in 35 Illinois Administrative Code Part 218: Organic Material 
Emission Standards and Limitations for the Chicago Area, and Part 219: 
Organic Material Emission Standards and Limitations for the Metro East 
Area. These amendments clarify certain applicability provisions, control 
requirements, and compliance dates contained within these regulations. 
Also included in these amendments is an exemption for certain 
polyethylene foam packaging operations from VOM RACT requirements.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources.
    (A) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart A: General Provisions, Section 218.106; 
Subpart T: Pharmaceutical Manufacturing, Section 218.480; Subpart DD: 
Aerosol Can Filling, Section 218.686; Subpart RR: Miscellaneous Organic 
Chemical Process, Section 218.966; Subpart TT: Other Emission Units, 
Section 218.980. Amended at 19 Ill. Reg. 6848; effective May 9, 1995.
    (B) Part 219: Organic Material Emission Standards and Limitations 
for the Metro East Area, Subpart T: Pharmaceutical Manufacturing, 
Section 219.480; Subpart TT: Other Emission Units, Section 219.980. 
Amended at 19 Ill. Reg. 6958, effective May 9, 1995.
    (124) The State of Illinois requested a revision to the Illinois 
State Implementation Plan (SIP). This revision is for the purpose of 
establishing and implementing a Clean-Fuel Fleet Program in the Chicago 
ozone nonattainment area, which includes Cook, DuPage, Grundy (Aux Sable 
and Goose Lake townships only), Kane, Kendall (Oswego township only), 
Lake, McHenry, and Will counties, to satisfy the federal requirements 
for a Clean Fuel Fleet Program to be part of the SIP for Illinois.
    (i) Incorporation by reference. (A) 35 Illinois Administrative Code 
241; Sections 241.101, 241.102, 241.103, 241.104, 241.110, 241.111, 
241.112, 241.113, 241.114, 241.115, 241.130, 241.131, 241.140, 241.141, 
241.142, 241. Appendix A, 241. Appendix B adopted in R95-12 at 19 Ill. 
Reg. 13265, effective September 11, 1995.
    (ii) Other material. (A) September 29, 1995 letter and attachments 
from the Illinois Environmental Protection Agency's Bureau of Air Chief 
to the USEPA's Regional Air and Radiation Division Director submitting 
Illinois' revision to the ozone SIP.
    (125) On November 14, 1995 the State submitted requested revisions 
to the Illinois State Implementation Plan in the form of revisions to 
the definitions of Organic Material and Organic Materials, Organic 
Solvent, Petroleum Liquid and Volatile Organic Material (VOM) or 
Volatile Organic Compound

[[Page 553]]

(VOC) intended to exempt acetone from regulation as a VOC.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 211: Definitions and General 
Provisions, Subpart B: Definitions, Section 211.4250 Organic Material 
and Organic Materials, Section 211.4260 Organic Solvent, Section 
211.4610 Petroleum Liquid, Section 211.7150 Volatile Organic Material 
(VOM) or Volatile Organic Compounds (VOC). Amended at 19 Ill. Reg. 
15176, effective October 19, 1995.
    (126) On November 15, 1995 the State submitted a requested revision 
to the Illinois State Implementation Plan in the form of a revision to 
the definition Volatile Organic Material (VOM) or Volatile Organic 
Compound (VOC) intended to exempt parachlorobenzotrifluoride and cyclic, 
branched or linear completely methylated siloxanes from the definition 
of VOM or VOC and thereby, from regulation as a VOC.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 211: Definitions and General 
Provisions, Subpart B: Definitions, Section 211.7150 Volatile Organic 
Material (VOM) or Volatile Organic Compounds (VOC). Amended at 19 Ill. 
Reg. 11066, effective July 12, 1995.
    (127) On October 21, 1993, and May 26, 1995, Illinois submitted 
volatile organic compound control regulations for incorporation in the 
Illinois State Implementation Plan for ozone.
    (i) Incorporation by reference. (A) Illinois Administrative Code 
Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter 
I: Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources, Part 219: Organic Material Emissions 
Standards and Limitations for Metro East Area, Subpart PP: 219.920, 
219.923, 219.927, 219.928; Subpart QQ: 219.940, 219.943, 219.947, 
219.948; Subpart RR: 219.960, 219.963, 219.967, 219.968; Subpart TT: 
219.980, 219.983, 219.987, 219.988; and Subpart UU. These Subparts were 
adopted on September 9, 1993, Amended at 17 Ill. Reg. 16918, effective 
September 27, 1993.
    (B) Illinois Administrative Code Title 35: Environmental Protection, 
Subtitle B: Air Pollution, Chapter I: Pollution Control Board, 
Subchapter c: Emissions Standards and Limitations for Stationary 
Sources, Part 219: Organic Material Emissions Standards and Limitations 
for Metro East Area, Subpart PP: 219.926; Subpart QQ: 219.946; Subpart 
RR: 219.966; and Subpart TT: 219.986. These Subparts were adopted on 
April 20, 1995, Amended at 19 Ill. Reg. 6958, effective May 9, 1995.
    (128) On November 30, 1994, the State submitted volatile organic 
compound control regulations for incorporation in the Illinois State 
Implementation Plan for ozone.
    (i) Incorporation by reference. (A) Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control 
Board, Subchapter c: Emission Standards and Limitations for Stationary 
Sources, Part 211: Definitions and General Provisions, Subpart B: 
Definitions, Sections 211.2300, 211.3695. These sections were adopted on 
October 20, 1994, Amended at 18 Ill. Reg. 16929, and effective November 
15, 1994.
    (B) Title 35: Environmental Protection, Subtitle B: Air Pollution, 
Chapter I: Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 218: Organic Material Emission 
Standards and Limitations for the Chicago Area, Subpart B: 218.119, 
218.120, 218.125, 218.127, 218.128, 218.129. These sections were adopted 
on October 20, 1994, Amended at 18 Ill. Reg. 16950, and effective 
November 15, 1994.
    (C) Title 35: Environmental Protection, Subtitle B: Air Pollution, 
Chapter I: Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 219: Organic Material Emission 
Standards and Limitations for the Metro East Area, Subpart B: 219.119, 
219.120, 219.125, 219.127, 219.128, 219.129. These sections were adopted 
on October 20, 1994, Amended at 18 Ill. Reg. 16980, and effective 
November 15, 1994.
    (129) [Reserved]

[[Page 554]]

    (130) On June 29, 1995, the State of Illinois submitted a revision 
to the State Implementation Plan (SIP) for the implementation of an 
enhanced motor vehicle inspection and maintenance (I/M) program in the 
Chicago and East St. Louis ozone nonattainment areas. This revision 
included the Vehicle Emissions Inspection Law of 1995 (625 ILCS 5/13B), 
P.A. 88-533, effective January 18, 1995; I/M regulations (R94-19 and 
R94-20) adopted on December 1, 1994, by the Illinois Pollution Control 
Board; February 29, 1996, Request-For-Proposals; April 22, 1996, letter 
of commitment; plus additional support documentation including modeling 
demonstration.
    (i) Incorporation by reference. (A) Vehicle Emissions Inspection Law 
of 1995 (625 ILCS 5/13B), Public Act 88-533, signed into law by Governor 
Edgar on January 18, 1995 effective January 18, 1995.
    (B) 35 Illinois Administrative Code 240; Sections 240.101, 240.102, 
240.104, 240.105, 240.106, 240.107, 240.124, 240.125, 240.151, 240.152, 
240.153, 240.161, 240.162, 240.163, 240.164, 240.171, 240.Table A, 
240.Table B amended or added in R94-19 at 18 Ill. Reg. 18228, effective 
December 14, 1994.
    (C) 35 Illinois Administrative Code 240; Sections 240.172, 240.173 
amended in R94-20 at 18 Ill. Reg. 18013, effective December 12, 1994.
    (ii) Additional materials. (A) February 29, 1996, Request-For-
Proposals submitted on April 22, 1996.
    (B) April 22, 1996, letter of commitment and attachments from IEPA's 
Bureau of Air Chief to the USEPA's Regional Air and Radiation Division 
Director.
    (131) On January 10, 1996, the State of Illinois submitted a site-
specific State Implementation Plan (SIP) revision request for ozone, 
which extends the required deadline for the Rexam Medical Packaging Inc. 
facility in Mundelein, Lake County, Illinois (Rexam), to comply with 35 
Illinois Administrative Code, part 218, subpart H, as it applies to its 
Inline Press Number No.105, Inline Press No. 111, Offline 32-inch Press, 
Offline 36-inch Press, and Offline 42-inch press. The compliance date is 
extended from March 15, 1995, until June 15, 1996, or upon submittal of 
the ``certificate of compliance'' required under section 218.404 of 
subpart H, whichever occurs first. The variance includes a compliance 
plan requiring the installation and use of a catalytic oxidizer to 
control emissions from Inline Press No. 105, Inline Press No. 111, 
Offline 32-inch Press, and Offline 42-inch Press. The Offline 36-inch 
Press is required to convert to water-based ink, or be controlled by the 
oxidizer if the press is not converted by March 1, 1996. The variance is 
contingent upon certain compliance milestone conditions.
    (i) Incorporation by reference. (A) Illinois Pollution Control Board 
Final Opinion and Order, PCB 95-99, adopted on October 19, 1995, and 
effective March 15, 1995. Certification of Acceptance dated November 29, 
1996, by Rexam.
    (132) On January 8, 1996, Illinois submitted a site-specific 
revision to the State Implementation Plan establishing lubricant 
selection and temperature control requirements for the hot and cold 
aluminum operations at Reynolds Metals Company's McCook Sheet and Plate 
Plant in McCook, Illinois (in Cook County), as part of the Ozone Control 
Plan for the Chicago area.
    (i) Incorporation by reference. September 21, 1995, Opinion and 
Order of the Illinois Pollution Control Board AS 91-8, effective 
September 21, 1995.
    (133) On July 23, 1996, the Illinois Environmental Protection Agency 
submitted a site-specific State Implementation Plan revision request for 
the Chase Products Company's Broadview (Cook County), Illinois facility 
located at 19th Street and Gardner Road, as part of the Ozone Control 
Plan for the Chicago area. The resulting revision revises the control 
requirements codified at 35 Illinois Administrative Code Part 218 
Subpart DD Section 218.686 as they apply to the Chase Products Company's 
Broadview facility.
    (i) Incorporation by reference. May 16, 1996, Opinion and Order of 
the Illinois Pollution Control Board AS 94-4, effective May 16, 1996.
    (134) On May 5, 1995, and May 26, 1995, the State of Illinois 
submitted a State Implementation Plan revision request to the United 
States Environmental

[[Page 555]]

Protection Agency for reactor processes and distillation operation 
processes in the Synthetic Organic Chemical Manufacturing Industry as 
part of the State's control measures for Volatile Organic Material (VOM) 
emissions for the Chicago and Metro-East (East St. Louis) areas. VOM, as 
defined by the State of Illinois, is identical to ``volatile organic 
compounds'' (VOC), as defined by EPA. This plan was submitted to meet 
the Clean Air Act requirement for States to adopt Reasonably Available 
Control Technology rules for sources that are covered by Control 
Techniques Guideline documents. The EPA approves the State 
Implementation Plan revision request as it applies to Stepan Company's 
Millsdale Facility.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources.
    (A) Part 211: Definitions and General Provisions, Subpart B; 
Definitions, 211.980 Chemical Manufacturing Process Unit, 211.1780 
Distillation Unit, 211.2365 Flexible Operation Unit, 211.5065 Primary 
Product.
    (B) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart Q: Synthetic Organic Chemical and Polymer 
Manufacturing Plant, Sections 218.431 Applicability, 218.432 Control 
Requirements, 218.433 Performance and Testing Requirements, 218.434 
Monitoring Requirements, 218.435 Recordkeeping and Reporting 
Requirements, 218.436 Compliance Date, 218 Appendix G, TRE Index 
Measurement for SOCMI Reactors and Distillation Units, amended at 19 
Ill. Reg. 6848, effective May 9, 1995.
    (135) On January 23, 1996, Illinois submitted a site-specific 
revision to the State Implementation Plan which relaxes the volatile 
organic material (VOM) content limit for fabricated product adhesive 
operations at Solar Corporation's Libertyville, Illinois facility from 
3.5 pounds VOM per gallon to 5.75 pounds VOM per gallon.
    (i) Incorporation by reference. July 20, 1995, Opinion and Order of 
the Illinois Pollution Control Board, AS 94-2, effective July 20, 1995.
    (136) On January 9, 1997, Illinois submitted a site-specific 
revision to the State Implementation Plan which grants a temporary 
variance from certain automotive plastic parts coating volatile organic 
material requirements at Solar Corporation's Libertyville, Illinois 
facility.
    (i) Incorporation by reference. September 5, 1996, Opinion and Order 
of the Illinois Pollution Control Board, PCB 96-239, effective September 
13, 1996. Certificate of Acceptance signed September 13, 1996.
    (137) Approval--On April 25, 1997, the Illinois Environmental 
Protection Agency submitted a revision to the State Implementation Plan 
for general conformity rules. The general conformity rules enable the 
State of Illinois to implement the 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) Illinois Administrative Code, 
Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter 
2: Environmental Protection Agency, Part 255 General Conformity: 
Criteria and Procedures. Adopted at 21 Ill. Reg. effective March 6, 
1997.
    (138) On May 5, 1995, and May 26, 1995, the State of Illinois 
submitted State Implementation Plan (SIP) revision requests for reactor 
processes and distillation operation processes in the Synthetic Organic 
Chemical Manufacturing Industry as part of the State's control measures 
for Volatile Organic Material emissions for the Metro-East (East St. 
Louis) area. This State Implementation Plan revision request is approved 
as it applies to Monsanto Chemical Group's Sauget Facility.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources.

[[Page 556]]

    (A) Part 211: Definitions and General Provisions, Subpart B; 
Definitions, 211.980 Chemical Manufacturing Process Unit, 211.1780 
Distillation Unit, 211.2365 Flexible Operation Unit, 211.5065 Primary 
Product, amended at 19 Ill. Reg. 6823, effective May 9, 1995.
    (B) Part 219: Organic Material Emission Standards and Limitations 
for the Metro East Area, Subpart Q: Synthetic Organic Chemical and 
Polymer Manufacturing Plant, Sections 219.431 Applicability, 219.432 
Control Requirements, 219.433 Performance and Testing Requirements, 
219.434 Monitoring Requirements, 219.435 Recordkeeping and Reporting 
Requirements, 219.436 Compliance Date, 219.Appendix G, TRE Index 
Measurement for SOCMI Reactors and Distillation Units, amended at 19 
Ill. Reg. 6958, effective May 9, 1995.
    (139) On September 8, 1997, the State of Illinois submitted 
tightened volatile organic material rules for cold cleaning degreasing 
operations in the Chicago and the Metro-East ozone nonattainment areas.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources.
    (A) Part 211: Definitions and General Provisions, Subpart B: 
Definitions, Section 211.1885, amended at 21 Ill. 7695, effective June 
9, 1997.
    (B) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart E: Solvent Cleaning, Section 218.182, 
amended at 21 Ill. 7708, effective June 9, 1997.
    (C) Part 219: Organic Material Emissions Standards and Limitations 
for the Metro-East Area, Subpart E: Solvent Cleaning, Section 219.182, 
amended at 21 Ill. 7721, effective June 9, 1997.
    (140) On March 5, 1998, the State of Illinois submitted amended 
rules for the control of volatile organic material emissions from wood 
furniture coating operations in the Chicago and Metro-East (East St. 
Louis) ozone nonattainment areas, as a requested revision to the ozone 
State Implementation Plan. This plan was submitted to meet the Clean Air 
Act requirement for States to adopt Reasonably Available Control 
Technology rules for sources that are covered by Control Techniques 
Guideline documents.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources.
    (A) Part 211: Definitions and General Provisions, Subpart B; 
Definitions, 211.1467 Continuous Coater, 211.1520 Conventional Air 
Spray, 211.6420 Strippable Spray Booth Coating, 211.7200 Washoff 
Operations, amended at 22 Ill. Reg. 3497, effective February 2, 1998.
    (B) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart F: Coating Operations 218.204 Emission 
Limitations, 218.205 Daily-weighted Average Limitations, 218.210 
Compliance Schedule, 218.211 Recordkeeping and Reporting, 218.215 Wood 
Furniture Coating Averaging Approach, 218.216 Wood Furniture Coating 
Add-On Control Use, 218.217 Wood Furniture Coating Work Practice 
Standards, amended at 22 Ill. Reg. 3556, effective February 2, 1998.
    (C) Part 219: Organic Material Emission Standards and Limitations 
for the Metro East Area, Subpart F: Coating Operations 219.204 Emission 
Limitations, 219.205 Daily-weighted Average Limitations, 219.210 
Compliance Schedule, 219.211 Recordkeeping and Reporting, 219.215 Wood 
Furniture Coating Averaging Approach, 219.216 Wood Furniture Coating 
Add-On Control Use, 219.217 Wood Furniture Coating Work Practice 
Standards, amended at 22 Ill. Reg. 3517, effective February 2, 1998.
    (141) On November 14, 1995, May 9, 1996, June 14, 1996, and February 
3, 1997, October 16, 1997, and October 21, 1997, the State of Illinois 
submitted State Implementation Plan (SIP) revision requests to meet 
commitments related to the conditional approval of Illinois' May 15, 
1992, SIP submittal for the Lake Calumet (SE Chicago), McCook, and 
Granite City, Illinois, Particulate Matter (PM) nonattainment areas. The 
EPA is approving the portion of the SIP revision request that applies to 
the Granite City area. The SIP revision request corrects, for the 
Granite City PM

[[Page 557]]

nonattainment area, all of the deficiencies of the May 15, 1992, 
submittal.
    (i) Incorporation by reference. (A) Illinois Administrative Code 
Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter 
1: Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 212: Visible and Particulate 
Matter Emissions, Subpart A: General, Sections 212.107, 212.108, 
212.109, 212.110; Subpart L: Particulate Matter from Process Emission 
Sources, Section 212.324; Subpart N: Food Manufacturing, Section 
212.362; Subpart Q: Stone, Clay, Glass and Concrete Manufacturing, 
Section 212.425; Subpart R: Primary and Fabricated Metal Products and 
Machinery Manufacture, Sections 212.446, 212.458; Subpart S: 
Agriculture, Section 212.464. Adopted at 20 Illinois Register 7605, 
effective May 22, 1996.
    (B) Joint Construction and Operating Permit: Application Number 
95010005, Issued on October 21, 1997, to Granite City Division of 
National Steel Corporation.
    (142) On May 5, 1995, and May 26, 1995, the State of Illinois 
submitted State Implementation Plan revision requests for reactor 
processes and distillation operations in the Synthetic Organic Chemical 
Manufacturing Industry as part of the State's control measures for 
Volatile Organic Material emissions for the Chicago and Metro-East (East 
St. Louis) areas. This plan was submitted to meet the Clean Air Act 
requirement for States to adopt Reasonably Available Control Technology 
rules for sources that are covered by Control Techniques Guideline 
documents.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources.
    (A) Part 211: Definitions and General Provisions, Subpart B; 
Definitions, 211.980 Chemical Manufacturing Process Unit, 211.1780 
Distillation Unit, 211.2365 Flexible Operation Unit, 211.5065 Primary 
Product, amended at 19 Ill. Reg. 6823, effective May 9, 1995.
    (B) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart Q: Synthetic Organic Chemical and Polymer 
Manufacturing Plant, Sections 218.431 Applicability, 218.432 Control 
Requirements, 218.433 Performance and Testing Requirements, 218.434 
Monitoring Requirements, 218.435 Recordkeeping and Reporting 
Requirements, 218.436 Compliance Date, 218.Appendix G, TRE Index 
Measurement for SOCMI Reactors and Distillation Units, amended at 19 
Ill. Reg. 6848, effective May 9, 1995.
    (C) Part 219: Organic Material Emission Standards and Limitations 
for the Metro East Area, Subpart Q: Synthetic Organic Chemical and 
Polymer Manufacturing Plant, Sections 219.431 Applicability, 219.432 
Control Requirements, 219.433 Performance and Testing Requirements, 
219.434 Monitoring Requirements, 219.435 Recordkeeping and Reporting 
Requirements, 219.436 Compliance Date, 219.Appendix G, TRE Index 
Measurement for SOCMI Reactors and Distillation Units, amended at 19 
Ill. Reg. 6958, effective May 9, 1995.
    (143) [Reserved]
    (144) On September 3, 1997, the Illinois Environmental Protection 
Agency submitted a temporary, site specific State Implementation Plan 
revision request for the D.B. Hess Company, Incorporated's (DB Hess) 
lithographic printing operations located in Woodstock (McHenry County), 
Illinois. This variance took the form of a March 20, 1997, Opinion and 
Order of the Illinois Pollution Control Board issued in PCB 96-194 
(Variance--Air). The variance which will expire on March 30, 1999, 
grants DB Hess a variance from 35 Illinois Administrative Code Sections 
218.407(a)(1)(C),(D),(E) and 218.411(b)(1), (2)and (3) for heatset web 
offset presses 3, 4, and 5 which are located at the Woodstock (McHenry 
County), Illinois facility.
    (i) Incorporation by reference. (A) March 20, 1997, Opinion and 
Order of the Illinois Pollution Control Board in PCB 96-194 (Variance--
Air) which was effective on March 20, 1997 and expires on March 30, 
1999.
    (ii) The variance is subject to the following conditions (the dates 
specified indicate the latest start dates of compliance periods 
terminating on March

[[Page 558]]

30, 1999, when presses 3, 4, and 5 must be replaced by complying presses 
or must be brought into compliance with the rules from which DB Hess 
seeks the variance):
    (A) On or before March 20, 1997, the combined actual volatile 
organic material (VOM) emissions from all of the presses in the 
Woodstock plant shall not exceed 18 tons per year or 1.5 tons per month.
    (B) On or before March 20, 1997, DB Hess shall use only cleaning 
solutions with VOM concentrations less than or equal to 30 percent by 
weight.
    (C) On or before March 20, 1997, DB Hess shall use cleaning 
solutions on presses 3, 4, and 5 that have a VOM composite partial vapor 
pressure of less than 10 millimeters (mm) of Mercury (Hg) at 20 degrees 
Celsius. These cleaning solutions must comply with the requirements of 
35 IAC 218.407(a)(4).
    (D) On or before March 20, 1997, DB Hess shall store and dispose of 
all cleaning towels in closed containers.
    (E) On or before May 5, 1997, DB Hess shall monitor presses 3, 4, 
and 5 pursuant to 35 IAC 218.410 (b), (c), and (e).
    (F) On or before May 5, 1997, DB Hess shall use fountain solutions 
on presses 3, 4, and 5 that are less than 5 percent VOM by volume, as 
applied, and which contain no alcohol.
    (G) On or before May 5, 1997, DB Hess shall prepare and maintain 
records pursuant to 35 IAC 218.411 (b), (c), and (d) for presses 3, 4, 
and 5 and must show compliance with the requirements of 35 IAC 
218.407(a)(1) (C), (D), and (E) and with the requirements of 35 IAC 
218.411(b) (1), (2), and (3) for these presses.
    (H) On or before May 5, 1997, DB Hess shall submit quarterly reports 
to the Illinois Environmental Protection Agency's (IEPA's) Compliance 
and Systems Management Section demonstrating compliance with the terms 
of the Illinois Pollution Control Board Order.
    (I) On or before March 30, 1998, DB Hess shall cease operation of 
press 3.
    (J) On or before March 30, 1999, DB Hess shall either:
    (1) Cease operation of presses 4 and 5, and notify the IEPA of such 
cessation; or
    (2) Retrofit presses 4 and 5 or replace presses 4 and 5 in 
compliance with 35 IAC 218.407 (a)(1) (C), (D), and (E) and with 35 IAC 
218.411(b) (1), (2), and(3). In this case:
    (i) DB Hess must apply for and obtain necessary construction permits 
by March 30, 1998, or six months before retrofitting or replacing 
presses 4 and 5, whichever is earlier.
    (ii) DB Hess must send monthly status reports, due the 15th day of 
each month, to the IEPA, covering the progress of the installation of 
the presses and control equipment and testing of the control equipment.
    (K) On or before March 30, 1999, DB Hess shall cease operations at 
presses 3, 4, and 5 except for those presses for which it has obtained 
permits and installed controls, which have been tested and demonstrated 
to be in compliance with applicable rules.
    (145) On September 16, 1998, the State of Illinois submitted 
amendments to Volatile Organic Material (VOM) rules affecting Illinois' 
ozone attainment area (the area of the State not including the Chicago 
and Metro-East ozone nonattainment areas). The amendments contain 
various deletions of obsolete provisions, changes of some word usage to 
comport Part 215 with other Illinois VOM regulations, and the addition 
of certain exemptions from VOM coating requirements.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources.
    (A) Part 215: Organic Material Emission Standards and Limitations; 
Subpart A: General Provisions, 215.104 Definitions, 215.109 Monitoring 
for Negligibly-Reactive Compounds; Subpart F: Coating Operations, 
215.204 Emission Limitations for Manufacturing Plants, 215.205 
Alternative Emission Limitations, 215.206 Exemptions from Emission 
Limitations, 215.207 Compliance by Aggregation of Emissions Units, 
215.211 Compliance Dates and Geographical Areas, 215.212 Compliance 
Plan, and 215.214 Roadmaster Emissions Limitations (Repealed); Subpart 
Z: Dry Cleaners, 215.601 Perchloroethylene Dry

[[Page 559]]

Cleaners (Repealed), 215.602 Exemptions (Repealed), 215.603 Leaks 
(Repealed), 215.604 Compliance Dates and Geographical areas (Repealed), 
215.605 Compliance Plan (Repealed), and 215.606 Exception to Compliance 
Plan (Repealed), amended at 22 Ill. Reg. 11427, effective June 19, 1998.
    (146) On February 13, 1998, the Illinois Environmental Protection 
Agency (IEPA) submitted a revision to the Illinois State Implementation 
Plan (SIP). This revision amends certain sections of the Clean-Fuel 
Fleet Program (CFFP) in the Chicago ozone nonattainment area to reflect 
that fleet owners and operators will have an additional year to meet the 
purchase requirements of the CFFP. The amendment changes the first date 
by which owners or operators of fleets must submit annual reports to 
IEPA from November 1, 1998 to November 1, 1999. In addition, this 
revision corrects two credit values in the CFFP credit program.
    (i) Incorporation by reference. (A) 35 Illinois Administrative Code 
241; Sections 241.113, 241.130, 241.140, 241.Appendix B.Table A, 
241.Appendix B.Table D adopted in R95-12 at 19 Ill. Reg. 13265, 
effective September 11, 1995; amended in R98-8, at 21 Ill. Reg. 15767, 
effective November 25, 1997.
    (ii) Other material. (A) February 13, 1998, letter and attachments 
from the Illinois Environmental Protection Agency's Bureau of Air Chief 
to the United States Environmental Protection Agency's Regional Air and 
Radiation Division Director submitting Illinois' amendments to the Clean 
Fuel Fleet regulations as a revision to the ozone State Implementation 
Plan.
    (147) On June 21, 1997, and December 9, 1998, the State of Illinois 
submitted regulations adopted by the Illinois Pollution Control Board 
and the Illinois Environmental Protection Agency and legislation adopted 
by the General Assembly and signed by the Governor related to Illinois' 
vehicle inspection and maintenance (I/M) program. The purpose of these 
submittals was to change the existing program from a basic I/M program 
to a fully enhanced I/M program. These changes modify the program in 
both the Chicago and Saint Louis (Illinois Portion) Ozone nonattainment 
areas.
    (i) Incorporation by reference. (A) Illinois Administrative Code, 
Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter 
I: Pollution Control Board, Subchapter k: Emission Standards and 
Limitations for Mobile sources, Part 240 Mobile Sources, Except for 
Section 240. Table C. Adopted at 22 Ill. Reg. 13723, effective July 13, 
1998.
    (B) Illinois Administrative Code, Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control 
Board, Subchapter k: Emission Standards and Limitations for Mobile 
sources, Part 240 Mobile Sources, Section 240. Table C. Corrected at 22 
Ill. Reg. 21120, effective July 13, 1998.
    (C) Illinois Administrative Code, Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter II: Environmental 
Protection Agency, Part 276 Procedures to be Followed in the Performance 
of Inspections of Motor Vehicle Emissions. Amended at 22 Ill. Reg. 
18867, effective September 28, 1998.
    (ii) Other materials. (A) Transmittal letters dated June 21, 1997, 
and December 9, 1998.
    (B) Public Act 90-475, effective August 17, 1997. This Act amends 
the Illinois Environmental Protection Act by changing Sections 3.32, 
3.78, 21, and 22.15 and adding Sections 3.78a and 22.38.
    (148) On October 13, 1998, the State of Illinois submitted a site-
specific State Implementation Plan (SIP) revision affecting Volatile 
Organic Material controls at Central Can Company (CCC), located in 
Chicago, Illinois. The SIP revision allows CCC to apply can coating 
control rules to pail coating operations limited to certain conditions.
    (i) Incorporation by reference. August 6, 1998, Opinion and Order of 
the Illinois Pollution Control Board, AS 94-18, effective July 1, 1991.
    (149) On September 17, 1998, the Illinois Environmental Protection 
Agency submitted a site specific State Implementation Plan revision 
request for W.R. Grace and Company's facility, which manufactures 
container sealants, lubricant fluids, and concrete

[[Page 560]]

additives, and is located at 6050 West 51st Street in Chicago, Illinois 
(Cook County). This rule revision is contained in R98-16, the July 8, 
1998, Opinion and Order of the Illinois Pollution Control Board, and 
consists of new Section 218.940(h), which exempts W.R. Grace's facility 
from the control requirements in 35 Illinois Administrative Code Part 
218 Subpart QQ.
    (i) Incorporation by reference. Illinois Administrative Code Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources, Part 218 Organic Material Emission 
Standards and Limitations for the Chicago Area, Subpart QQ: 
Miscellaneous Formulation Manufacturing Processes, Section 218.940 
Applicability, paragraph (h) which was amended in R98-16 at 22 Ill. Reg. 
14282, effective July 16, 1998.
    (150) On November 14, 1995, May 9, 1996, June 14, 1996, February 1, 
1999, and May 19, 1999, the State of Illinois submitted State 
Implementation Plan (SIP) revision requests to meet commitments related 
to the conditional approval of Illinois' May 15, 1992, SIP submittal for 
the Lake Calumet (Southeast Chicago), McCook, and Granite City, 
Illinois, Particulate Matter (PM) nonattainment areas. The EPA is 
approving the SIP revision request as it applies to the Lake Calumet 
area. The SIP revision request corrects, for the Lake Calumet PM 
nonattainment area, all of the deficiencies of the May 15, 1992, 
submittal.
    (i) Incorporation by reference.
    (A) Illinois Administrative Code Title 35: Environmental Protection, 
Subtitle B: Air Pollution, Chapter I: Pollution Control Board, 
Subchapter c: Emission Standards and Limitations for Stationary Sources, 
Part 212: Visible and Particulate Matter Emissions, Subpart A: General, 
Section 212.113; Subpart E: Particulate Matter from Fuel Combustion 
Sources, Section 212.210; Subpart K: Fugitive Particulate Matter, 
Sections 212.302, 212.309, and 212.316. Adopted at 20 Illinois Register 
7605, effective May 22, 1996.
    (B) Federally Enforceable State Operating Permit--Special: 
Application Number 98120091, Issued on May 14, 1999, to LTV Steel 
Company, Inc.
    (151) On July 23, 1998, the State of Illinois submitted a State 
Implementation Plan (SIP) revision that included certain ``clean-up'' 
amendments to the State's permitting rules.
    (i) Incorporation by reference.
    Illinois Administrative Code, Title 35: Environmental Protection, 
Subtitle B: Air Pollution, Chapter I: Pollution Control Board.
    (A) Subchapter A: Permits and General Provisions, Part 201: Permits 
and General Provisions.
    (1) Subpart D: Permit Applications and Review Process, Section 
201.152 Contents of Application for Construction Permit, 201.153 
Incomplete Applications (Repealed), Section 201.154 Signatures 
(Repealed), Section 201.155 Standards for Issuance (Repealed), Section 
201.157 Contents of Application for Operating Permit, Section 201.158 
Incomplete Applications, Section 201.159 Signatures, 201.160 Standards 
for Issuance, Section 201.162 Duration, Section 201.163 Joint 
Construction and Operating Permits, and Section 201.164 Design Criteria. 
Amended at 22 Ill. Reg. 11451, effective June 23, 1998.
    (2) Subpart E: Special Provisions for Operating Permits for Certain 
Smaller Sources, Section 201.180 Applicability (Repealed), Section 
201.181 Expiration and Renewal (Repealed), Section 201.187 Requirement 
for a Revised Permit (Repealed), Repealed at 22 Ill. Reg. 11451, 
effective June 23, 1998.
    (3) Subpart F: CAAPP Permits, Section 201.207 Applicability, Amended 
at 22 Ill. Reg. 11451, effective June 23, 1998.
    (152) On February 5, 1998, the Illinois Environmental Protection 
Agency submitted a requested revision to the Illinois State 
Implementation Plan. This revision provided additional exemptions from 
State of Illinois permit requirements codified by the State at Part 201 
of Title 35 of the Illinois Administrative Code (35 IAC Part 201). The 
revision also added a definition of ``Feed Mill'' to Part 211 of 35 IAC 
(35 IAC Part 211).
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control

[[Page 561]]

Board, Subchapter C: Emission Standards and Limitations for Stationary 
Sources.
    (A) Part 211 Definitions and General Provisions, Subpart B: 
Definitions, Section 211.2285 Feed Mill. Added at 21 Ill. Reg. 7856, 
effective June 17, 1997.
    (B) Part 201 Permits and General Conditions, Subpart C: 
Prohibitions, Section 201.146 Exemptions from State Permit Requirements. 
Amended at 21 Ill. Reg. 7878, effective June 17, 1997.
    (153) On July 9, 1999, the State of Illinois submitted a site-
specific State Implementation Plan (SIP) revision affecting Volatile 
Organic Material control requirements at Sun Chemical Corporation (Sun) 
in Northlake, Illinois. The SIP revision changes requirements for 17 
resin storage tanks operated by Sun. Specifically, the SIP revision 
exempts the 17 tanks from the bottom or submerged fill pipe 
requirements, provided that no odor nuisance exists at the Sun Northlake 
facility, and that the vapor pressures of materials stored in the tanks 
remain less the 0.5 pounds per square inch absolute at 70 degrees 
Fahrenheit.
    (i) Incorporation by reference.
    May 20, 1999, Opinion and Order of the Illinois Pollution Control 
Board, AS 99-4, effective May 20, 1999.
    (155) On May 21, 1999, the Illinois Environmental Protection Agency 
submitted a temporary, site-specific revision to the State 
Implementation Plan (SIP) for sulfur dioxide (SO2) for the 
Central Illinois Light Company's E.D. Edwards Generating Station in 
Peoria County, Illinois (CILCO Edwards). The SIP revision took the form 
of an April 15, 1999, Opinion and Order of the Illinois Pollution 
Control Board (PCB 99-80, Variance-Air). In this Opinion and Order, the 
IPCB granted CILCO Edwards a variance from 35 Illinois Administrative 
Code 214.141, and provided for a relaxation in the fuel quality limit 
for one of the facility's three boilers, but added an overall fuel 
quality limit and retained an overall SO2 emissions cap for 
the three CILCO Edwards boilers. The variance will expire on February 
28, 2002, unless CILCO applies to Illinois for a permanent SIP revision.
    (i) Incorporation by reference. An April 15, 1999, Opinion and Order 
of the Illinois Pollution Control Board in PCB 99-80 (Variance-Air), 
granting a variance from 35 IAC 214.141 for Boiler No. 2 at the Central 
Illinois Light Company's E.D. Edwards Generating Station near Peoria, 
Illinois. The variance expires on February 28, 2002, unless CILCO 
applies to Illinois for a permanent SIP revision. If CILCO applies for a 
permanent SIP revision, and the IPCB allows CILCO Edwards' variance to 
continue unamended through July 31, 2003, as stated in the Opinion and 
Order, then federal approval of the variance will continue until EPA 
approves alternate SO2 limits for CILCO Edwards, or until 
July 31, 2003, whichever is earlier.
    (156) On May 8, 2001, the State submitted rules to control Oxides of 
Nitrogen emissions from electric generating units.
    (i) Incorporation by reference. Title 35: Environmental Protection; 
Subtitle B: Air Pollution; Chapter I: Pollution Control Board; 
Subchapter C: Emission Standards and Limitations for Stationary Sources; 
Part 217 Nitrogen Oxides Emissions; Subpart V: Electric Power 
Generation. Adopted at 25 Ill. Reg. 5914, effective April 17, 2001.
    (157) On May 8, 2001, the Illinois Environmental Protection Agency 
submitted revisions to 35 Ill. Adm. Code 217, Subpart W: NO[x] Trading 
Program for Electrical Generating Units with a request that these rules 
be incorporated into the Illinois State Implementation Plan. On June 11, 
2001, the Illinois EPA submitted Section 9.9(f) of the Illinois 
Environmental Protection Act as revised by Public Act 92-012 (formerly 
House Bill 1599) which was approved by both Houses of the Illinois 
General Assembly on June 7, 2001, approved by the Governor on June 22, 
2001, and became effective on July 1, 2001. Section 9.9(f) requires a 
May 31, 2004 final compliance date for 35 Ill. Adm. Code 215, Subparts 
T, U and W. This compliance date replaces the compliance date contained 
in Section 217.756(d)(3).
    (i) Incorporation by reference. (A) Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control 
Board, Subchapter c: Emission

[[Page 562]]

Standards and Limitations for Stationary Sources, Part 217 Nitrogen 
Oxides Emissions, Subpart W: NO[x] Trading Program for Electrical 
Generating Units except for 217.756(d)(3) which has been superseded by 
Section 9.9(f) of the Illinois Environmental Protection Act. Added at 25 
Ill. Reg. 128, January 25, 2001, effective December 26, 2000.
    (B) Section 9.9(f) of the Illinois Environmental Protection Act. 
Adopted by both Houses of the Illinois General Assembly as part of 
Public Act 92-0012 (previously House Bill 1599) on May 31, 2001, 
approved by the Governor of Illinois on June 22, 2001, effective July 1, 
2001.
    (158) On December 16, 1997, Bharat Mathur, Chief, Bureau of Air, 
Illinois Environmental Protection Agency, submitted rules for a cap and 
trade program regulating volatile organic compound emissions in the 
Chicago area. By letter dated August 23, 2001, the state requested that 
USEPA defer rulemaking on section 205.150(e), which exempts new and 
modified sources obtaining offsets under the trading program from the 
requirements for traditional, full year offsets.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35, Subtitle B, Chapter I, subchapter b, Part 205, entitled Emissions 
Reduction Market System, adopted November 20, 1997, effective November 
25, 1997, except section 205.150(e).
    (159) On April 9, 2001, David Kolaz, Chief, Bureau of Air, Illinois 
Environmental Protection Agency, submitted rules regulating 
NOX emissions from cement kilns. On May 1, 2001, Mr. Kolaz 
submitted rules regulating NOX emissions from industrial 
boilers and turbines and requesting two minor revisions to the Illinois 
NOX emissions budget. On June 18, 2001, Mr. Kolaz submitted a 
demonstration that Illinois' regulations were sufficient to assure that 
NOX emissions in Illinois would be reduced to the level 
budgeted for the state by USEPA. On September 20, 2001, Mr. Kolaz sent a 
letter clarifying that Illinois' rules for industrial boilers and 
turbines require compliance on a unit-by-unit basis.
    (i) Incorporation by reference. (A) Illinois Administrative Code, 
Title 35, Subtitle B, Chapter I, subchapter c, Part 211, Definitions, 
sections 211.955, 211.960, 211.1120, 211.3483, 211.3485, 211.3487, 
211.3780, 211.5015, and 211.5020, published at 25 Ill. Reg. 4582, 
effective March 15, 2001.
    (B) Illinois Administrative Code, Title 35, Subtitle B, Chapter I, 
subchapter c, Part 217, Subpart A, Section 217.104, Incorporations by 
Reference, published at 25 Ill. Reg. 4597, effective March 15, 2001.
    (C) Illinois Administrative Code, Title 35, Subtitle B, Chapter I, 
subchapter c, Part 217, Subpart T, Cement Kilns, sections 217.400, 
217.400, 217.402, 217.404, 217.406, 217.408, and 217.410, published at 
25 Ill. Reg. 4597, effective March 15, 2001.
    (D) Illinois Administrative Code, Title 35, Subtitle B, Chapter I, 
subchapter c, Part 211, Sections 211.4067 and 211.6130, published at 25 
Ill. Reg. 5900, effective April 17, 2001.
    (E) Illinois Administrative Code, Title 35, Subtitle B, Chapter I, 
subchapter c, Part 217, Subpart U, NOX Control and Trading 
Program for Specified NOX Generating Units, sections 217.450, 
217.452, 217.454, 217.456, 217.458, 217.460, 217.462, 217.464, 217.466, 
217.468, 217.470, 217.472, 217.474, 217.476, 217.478, 217.480 and 
217.482, published at 25 Ill. Reg. 5914, effective April 17, 2001.
    (ii) Additional material. (A) Letter dated June 18, 2001, from David 
Kolaz, Illinois Environmental Protection Agency, to Cheryl Newton, 
United States Environmental Protection Agency.
    (B) Letter dated September 20, 2001, from David Kolaz, Illinois 
Environmental Protection Agency, to Bharat Mathur, United States 
Environmental Protection Agency.
    (160) On March 21, 2001, Illinois submitted revisions to volatile 
organic compound rules for Formel Industries, Incorporated in Cook 
County, Illinois. The revisions consist of a January 18, 2001 Opinion 
and Order of the Illinois Pollution Control Board in the Matter of: 
Petition of Formel Industries, Inc. for an Adjusted Standard from 35 
ILL. ADM. CODE 218.401(a),(b) and (c): AS 00-13 (Adjusted Standard Air). 
This Opinion and Order grants Formel Industries, Incorporated an 
adjusted standard to the Flexographic Printing

[[Page 563]]

Rule. The adjusted standard requirements include participation in a 
market-based emissions trading system, maintaining daily records, 
conducting trials of compliant inks, and reviewing alternate control 
technologies.
    (i) Incorporation by reference. Volatile organic compound emissions 
limits contained in a January 18, 2001 Opinion and Order of the Illinois 
Pollution Control Board in the Matter of: Petition of Formel Industries, 
Inc. for an Adjusted Standard from 35 ILL. ADM. CODE 218.401(a), (b) and 
(c): AS 00-13 (Adjusted Standard-Air). This Opinion and Order was 
adopted by the Illinois Pollution Control Board on January 18, 2001. It 
became effective under State law on January 18, 2001.
    (161) On March 28, 2001, Illinois submitted revisions to volatile 
organic compound rules for Bema Film Systems, Incorporated in DuPage 
County, Illinois. The revisions consist of AS 00-11, an adjusted 
standard to the Flexographic Printing Rule, 35 IAC 218.401 (a), (b), and 
(c). The adjusted standard requirements include reducing the allotment 
baseline for the Illinois market-based emissions trading system, 
maintaining daily records, conducting trials of compliant inks, and 
reviewing alternate control technologies.
    (i) Incorporation by reference. AS 00-11, an adjusted standard from 
the Volatile Organic Compound emission limits for Bema Film Systems, 
Inc. contained in Illinois Administrative Code Title 35: Environmental 
Regulations for the State of Illinois, Subtitle B: Air Pollution, 
Chapter I: Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 218.401 (a), (b), and (c). 
Effective on January 18, 2001.
    (ii) Other material. (A) November 14, 2001, letter from Dennis A. 
Lawler, Manager, Division of Air Pollution Control, Illinois 
Environmental Protection Agency to Jay Bortzer, Chief, Regulation 
Development Section, Air and Radiation Division, USEPA, Region 5, 
indicating that the effective date of the adjusted standard for Bema 
Film Systems, Inc. AS 00-11, is January 18, 2001, the date that AS 00-11 
was adopted by the Illinois Pollution Control Board.
    (162) On March 28, 2001, Illinois submitted revisions to volatile 
organic compound rules for Vonco Products, Incorporated in Lake County, 
Illinois. The revisions consist of AS 00-12, an adjusted standard to the 
Flexographic Printing Rule, 35 IAC 218.401 (a), (b), and (c). The 
adjusted standard requirements include reducing the allotment baseline 
for the Illinois market-based emissions trading system, maintaining 
daily records, conducting trials of compliant inks, and reviewing 
alternate control technologies.
    (i) Incorporation by reference. AS 00-12, an adjusted standard from 
the Volatile Organic Compound emission limits applicable to Vonco 
Products, Inc. contained in Illinois Administrative Code Title 35: 
Environmental Regulations for the State of Illinois, Subtitle B: Air 
Pollution, Chapter I: Pollution Control Board, Subchapter c: Emission 
Standards and Limitations for Stationary Sources, Part 218.401 (a), (b), 
and (c). Effective on January 18, 2001.
    (ii) Other material. (A) November 14, 2001, letter from Dennis A. 
Lawler, Manager, Division of Air Pollution Control, Illinois 
Environmental Protection Agency to Jay Bortzer, Chief, Regulation 
Development Section, Air and Radiation Division, USEPA, Region 5, 
indicating that the effective date of the adjusted standard for Vonco 
Products, Inc. AS 00-12, is January 18, 2001, the date that AS 00-12 was 
adopted by the Illinois Pollution Control Board.
    (163) [Reserved]
    (164) On October 9, 2001, the State of Illinois submitted new rules 
regarding emission tests.
    (i) Incorporation by reference. (A) New rules of 35 Ill. Admin. Code 
Part 283, including sections 283.110, 283.120, 283.130, 283.210, 
283.220, 283.230, 283.240, and 283.250, effective September 11, 2000, 
published in the Illinois Register at 24 Ill. Reg. 14428.
    (B) Revised section 283.120 of 35 Ill. Admin. Code, correcting two 
typographical errors, effective September 11, 2000, published in the 
Illinois Register at 25 Ill. Reg. 9657.
    (165) On April 8, 1999, the Illinois Environmental Protection Agency 
submitted revisions to particulate matter control requirements for rural 
grain

[[Page 564]]

elevators in Illinois. The revised requirements exempt rural grain 
elevators from certain particulate matter control requirements.
    (i) Incorporation by reference. Revised grain elevator provisions in 
Section 9(f) of the Illinois Environmental Protection Act. Adopted by 
both Houses of the Illinois General Assembly as Public Act 89-491 
(previously Senate Bill 1633) on April 25, 1996, approved by the 
Governor of Illinois on May 23, 1996, effective June 21, 1996.
    (166) On November 6, 2001, the State of Illinois submitted revisions 
to its emission reporting rules, restructuring these rules and adding 
hazardous air pollutant emission reporting for sources in Illinois' 
Emission Reduction Market System.
    (i) Incorporation by reference. (A) Revised rules of 35 Ill. Admin. 
Code Part 254, including new or amended sections 254.101, 254.102, 
254.103, 254.120, 254.132, 254.134, 254.135, 254.136, 254.137, 254.138, 
254.203, 254.204, 254.303, 254.306, and 254.501, effective July 17, 
2001, retention of section 254.133, and the repeal of other previously 
approved sections of 35 Ill. Admin. Code 254. Amended or adopted at 25 
Ill. Reg. 9856. Effective July 17, 2001.
    (167) On August 31, 1998, Illinois submitted revisions to its major 
stationary sources construction and modification rules (NSR Rules) as a 
State Implementation Plan revision request. These revisions apply only 
in areas in Illinois that have been designated as being in serious or 
severe nonattainment with the national ambient air quality standards for 
ozone.
    (i) Incorporation by reference. Illinois Administrative Code, Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter A: Permits and General Provisions, 
Part 203 Major Stationary Sources Construction and Modification, Subpart 
B: Major Stationary Sources in Nonattainment Areas, Section 203.206 
Major Stationary Source and Section 203.207 Major Modification of a 
Source; and, Subpart C: Requirements for Major Stationary Sources in 
Nonattainment Areas, Section 203.301 Lowest Achievable Emissions Rate. 
Amended in R98-10 at 22 Ill. Reg. 5674, effective March 10, 1998.
    (168) On October 31, 2003, the Illinois Environmental Protection 
Agency submitted revisions to the Illinois State Implementation Plan for 
ozone. The submittal revises the definition for volatile organic 
material (VOM) or volatile organic compound (VOC) contained in 35 Ill. 
Adm. Code 211.7150 to incorporate an exemption for perchloroethylene 
(tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-
225ca); 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb); 
decafluoropentane (HFC 43-10mee); difluoromethane (HFC-32); 
ethylfluoride (HFC-161); 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 
1,1,2,2,3-pentafluoropropane (HFC-245ca); 1,1,2,3,3-pentafluoropropane 
(HFC-245ea); 1,1,1,2,3-pentafluoropropane (HFC-245eb); 1,1,1,3,3-
pentafluoropropane (HFC-245fa); 1,1,1,2,3,3-hexafluoropropane (HFC-
236ea); 1,1,1,3,3-pentafluorobutane (HFC-365mfc); chlorofluoromethane 
(HCFC-31); 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); 1-chloro-1-
fluoroethane (HCFC-151a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane 
(C4F9OCH3); 2-(difluoromethoxymethyl)-
1,1,1,2,3,3,3-heptafluoropropane 
((CF3)2CFCF2OCH3); 1-ethoxy-
1,1,2,2,3,3,4,4,4-nonafluorobutane 
(C4F9OC2H5); 2-
(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 
((CF3)2CFCF2OC2H5)
; and methyl acetate from the definition of VOM or VOC and thereby, from 
regulation as ozone precursors.
    (i) Incorporation by reference. (A) Illinois Administrative Code 
Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter 
1: Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 211: Definitions and General 
Provisions, Subpart B: Definitions, Section 211.7150 Volatile Organic 
Material (VOM) or Volatile Organic Compound (VOC), amended at 22 
Illinois Register 11405, effective June 22, 1998.
    (169) On June 20, 2003, Illinois submitted an Adjusted Standard for 
Ford Motor Company's Chicago Assembly Plant. This Adjusted Standard from 
35

[[Page 565]]

Ill.Adm. Code 218.986 replaces those requirements with the control 
requirements in the Illinois Pollution Control Board's November 21, 
2002, Order.
    (i) Incorporation by reference. (A) The Illinois Pollution Control 
Board's November 21, 2002, Opinion and Order which granted the Ford 
Motor Company's Chicago Assembly Plant an adjusted standard (AS 02-3) 
from 35 Ill. ADM. Code 218.986. The requirements in 35 Ill. ADM. Code 
218.986 have been replaced by the requirements in the Illinois Pollution 
Control Board's November 21, 2002, Order.
    (170) On May 28, 2003, Illinois submitted an amendment to its 
leather coating rules for the Horween Leather Company's Chicago leather 
manufacturing facility. This adds a test method in Section 
218.112(a)(26) and a new Section 35 Ill. Adm. Code 218.929. These 
amendments were incorporated in the Illinois Pollution Control Board's 
February 20, 2003, Final Order R02-20.
    (i) Incorporation by reference. Illinois Administrative Code Title 
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources, Part 218 Organic Material Emission 
Standards and Limitations for the Chicago Area.
    (A) Subpart A: General Provisions, Section 218.112 Incorporations by 
Reference, (a) American Society for Testing and Materials, 100 Barr 
Harbor Drive, West Conshohocken, PA 19428-9555, 26) ASTM D2099-00. 
Amended at 27 Ill. Reg. 7283, effective April 8, 2003.
    (B) Subpart PP: Miscellaneous Fabricated Product Manufacturing 
Processes, Section 218.929 Cementable and Dress or Performance Shoe 
Leather. Added at 27 Ill. Reg. 7283, effective April 8, 2003.
    (171) On July 29, 2003, the Illinois Environmental Protection Agency 
submitted a site-specific revision to the State Implementation Plan 
(SIP) for sulfur dioxide (SO2) for the Central Illinois Light 
Company's E.D. Edwards Generating Station, now known as AmerenEnergy 
Resources Generating Company, Edwards Power Plant, in Bartonville, 
Peoria County, Illinois.
    (i) Incorporation by reference.
    Illinois Administrative Code Title 35: Environmental Protection, 
Subtitle B: Air Pollution, Chapter 1: Pollution Control Board, 
Subchapter c: Emissions Standards and Limitations for Stationary 
Sources, Part 214: Sulfur Limitations, Subpart X: Utilities Section 
214.561 E.D. Edwards Electric Generating Station which was amended at 27 
Illinois Register 12101, effective July 11, 2003.
    (172) On September 19, 2003, Illinois submitted a site-specific 
revision to the State Implementation Plan which relaxes the volatile 
organic material (VOM) content limit for the coating operations at Louis 
Berkman Company, d/b/a/ the Swenson Spreader Company's Lindenwood, Ogle 
County, Illinois facility from 3.5 pounds VOM per gallon to a monthly 
average of 4.75 pounds VOM per gallon until May 7, 2008.
    (i) Incorporation by reference. Order contained in a May 7, 1998, 
Opinion and Order of the Illinois Pollution Control Board, AS 97-5, 
effective May 7, 1998.
    (173) On March 11, 2004, Illinois submitted an Adjusted Standard for 
Argonne National Laboratory's degreasing operations. Pursuant to this 
Adjusted Standard from 35 Ill. Adm. Code 218.182, the applicable vapor 
pressure and other associated requirements of 35 Ill. Code 218.182 do 
not apply to cold cleaning involving the preparation of sample materials 
and associated apparatus used for research and development testing and 
analysis at Argonne. These revised requirements were adopted in the 
Illinois Pollution Control Board's December 18, 2003, Adjusted Standard 
AS 03-4.
    (i) Incorporation by reference. (A) The Illinois Pollution Control 
Board's December 18, 2003, Opinion and Order which granted the Argonne 
National Laboratory's degreasing operations an Adjusted Standard (AS 03-
4) from 35 Ill. Code 218.182 for its cold cleaning involving the 
preparation of sample materials and associated apparatus used for 
research and development testing and analysis at Argonne.
    (174) [Reserved]
    (175) On January 4, 2006, Illinois submitted a site-specific State 
Implementation Plan revision for the Ford Motor Company (Ford) Chicago 
Assembly

[[Page 566]]

Plant. The revision allows Ford to discontinue use of its Stage II vapor 
recovery system and requires instead that Ford comply with federal 
onboard refueling vapor recovery regulations and other conditions.
    (i) Incorporation by reference.
    (A) September 1, 2005, Opinion and Order of the Illinois Pollution 
Control Board, AS 05-5, effective September 1, 2005.
    (176) On June 14, 2004, Illinois submitted revisions to volatile 
organic compound rules for Formel Industries, Incorporated in Cook 
County, Illinois. The revisions consist of withdrawing an adjusted 
standard to the Flexographic Printing Rule. Formel Industries has 
installed a control device and is complying with the Flexographic 
Printing Rule.
    (i) Incorporation by reference. An April 15, 2004, Supplemental 
Opinion and Order of the Illinois Pollution Control Board AS 00-13, 
terminating Formel's previously issued (January 18, 2001) adjusted 
standard from the Flexographic Printing Rule, effective April 15, 2004.
    (177) On May 31, 2006, the Illinois Environmental Protection Agency 
submitted a requested revision to the Illinois State Implementation 
Plan. This revision provides additional exemptions from State of 
Illinois permit requirements codified by the State at Part 201 of Title 
35 of the Illinois Administrative Code (35 IAC Part 201).
    (i) Incorporation by reference.


Illinois Administrative Code, Title 35: Environmental Protection, 
Subtitle B: Air Pollution, Chapter I: Pollution Control Board, 
Subchapter a: Permits and General Provisions, Part 201 Permits and 
General Provisions, Subpart C: Prohibitions, Section 201.146 Exemptions 
from State Permit Requirements paragraphs (hhh), (iii), (jjj), (kkk), 
and (lll). Amended at 30 Ill. Reg. 4901, effective March 3, 2006.
    (178) On September 14, 2007, the Illinois Environmental Protection 
Agency submitted rules and related material to address requirements 
under the Clean Air Interstate Rule. These rules mandate participation 
of electric generating units in EPA-run trading programs for annual 
emissions of sulfur dioxide, annual emissions of nitrogen oxides, and 
ozone season emissions of nitrogen oxides. These rules provide a 
methodology for allocating allowances to subject sources and require 
these sources to hold sufficient allowances to accommodate their 
emissions and to meet various monitoring, recordkeeping, and reporting 
requirements. EPA is approving the submitted provisions of Subparts A, 
C, D, and E of Part 225 of Title 35 of Illinois Administrative Code; EPA 
is deferring action on Subpart F.
    (i) Incorporation by reference.
    (A) Title 35 of the Illinois Administrative Code: Environmental 
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control 
Board, Part 225: Control of Emissions from Large Combustion Sources, 
effective August 31, 2007, including Subpart A: General Provisions, 
Subpart C: Clean Air Act Interstate Rule (CAIR) SO2 Trading 
Program, Subpart D: CAIR NOX Annual Trading Program, and 
Subpart E: CAIR NOX Ozone Season Trading Program.
    (179) On October 31, 2003, the Illinois Environmental Protection 
Agency submitted rules and related materials to address site-specific 
requirements for Cromwell-Phoenix, Incorporated, located in Alsip, 
Illinois. These rules establish an adjusted standard for the corrosion 
inhibiting packaging production facility of Cromwell-Phoenix, 
Incorporated located at this source site. These rules provide a site-
specific adjusted standard for this source facility for volume 35 of the 
Illinois Administrative Code subpart F section 218.204(c). The adjusted 
standard gives the corrosion inhibiting paper coating lines at the Alsip 
facility an adjusted volatile organic material (volatile organic 
compounds) content limit for paper coatings, and places an annual limit 
on the volatile organic material emissions from the Alsip facility as a 
whole. The adjusted standard also establishes source administration and 
reporting requirements for Cromwell-Phoenix, Incorporated Alsip 
facility. EPA is approving this site-specific adjusted standard as a 
revision of the Illinois state implementation plan.
    (i) Incorporation by reference.
    (A) September 18, 2003, Opinion and Order of the Illinois Pollution 
Control Board, AS 03-5, effective September 18, 2003.

[[Page 567]]

    (180) On January 10, 2007, Illinois submitted revisions to its rules 
for the Emission Reduction Market System. These revisions assure that 
sources in the Chicago area with potential emissions of VOC between 25 
and 100 tons per year will remain subject to the program, irrespective 
of changes in the area's ozone nonattainment classification or 
designation and any associated changes in whether such sources are 
defined to be major sources. EPA is again deferring action on section 
205.150(e).
    (i) Incorporation by reference.
    (A) Illinois Administrative Code, Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control 
Board, Subchapter b: Alternative Reduction Program, Part 205 Emissions 
Reduction Market System, Sections:

205.120 Abbreviations and Acronyms
205.130 Definitions
205.150 Emissions Management Periods (except for 205.150(e))
205.200 Participating Source
205.205 Exempt Source
205.210 New Participating Source
205.220 Insignificant Emission Units
205.300 Seasonal Emissions Component of the Annual Emissions Report
205.310 ERMS Applications
205.315 CAAPP Permits for ERMS Sources
205.316 Federally Enforceable State Operating Permits for ERMS Sources
205.318 Certification for Exempt CAAPP Sources
205.320 Baseline Emissions
205.330 Emissions Determination Methods
205.335 Sampling, Testing, Monitoring and Recordkeeping Practices
205.337 Changes in Emissions Determination Methods and Sampling, 
          Testing, Monitoring and Recordkeeping Practices
205.400 Seasonal Emissions Allotment
205.405 Exclusions From Further Reductions
205.410 Participating Source Shutdowns
205.500 Emissions Reduction Generator
205.510 Inter-Sector Transaction
205.610 Application for Transaction Account
205.700 Compliance Accounting
205.730 Excursion Reporting
205.750 Emergency Conditions
205.760 Market System Review Procedures
    (181) On August 17, 2005 and January 29, 2008, Illinois submitted 
revised regulations that are consistent with 40 CFR 51.100(s)(1), as 
amended by 69 FR 69298. The compounds 1,1,1,2,2,3,3-heptafluoro-3-
methoxypropane (n-C3F7OCH3), 3-ethoxy 
1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl)hexane (HFE-
7500), 1,1,1,2,3,3,3-heptafluoropropane (HFC-227ea), and methyl formate 
were added to the list of negligibly reactive compounds excluded from 
the definition of VOM in 35 IAC 211.7150(a). Tertiary-butyl acetate is 
also listed in 35 IAC 211.7150(a) with a notation that it must also meet 
the requirements of 35 IAC 211.7150(e), which state that tertiary-butyl 
acetate is considered a VOC for recordkeeping, emissions reporting, 
modeling, and inventory requirements, but is not considered a VOC for 
emission limits or content requirements.
    (i) Incorporation by reference.
    (A) Illinois Administrative Code Title 35: Environmental Protection, 
Part 211: Definitions and General Provisions, Subpart B: Definitions, 
Section 211.7150: Volatile Organic Matter (VOM) or Volatile Organic 
Compound (VOC), Subsections 211.7150(a) and 211.7150(e). Effective 
January 16, 2008.
    (182) On January 29, 2008, Illinois submitted revised regulations 
that are consistent with 40 CFR 51.100(s)(1), as amended by 72 FR 2193. 
The compound 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-
pentane (HFE-7300) was added to the list of negligibly reactive 
compounds excluded from the definition of VOM in 35 IAC 211.7150(a).
    (i) Incorporation by reference.
    (A) Illinois Administrative Code Title 35: Environmental Protection, 
Part 211: Definitions and General Provisions, Subpart B: Definitions, 
Section 211.7150: Volatile Organic Matter (VOM) or Volatile Organic 
Compound (VOC), Subsection 211.7150(a). Effective January 16, 2008.
    (183) On January 24, 2008, the Illinois Environmental Protection 
Agency submitted a revision to its state implementation plan for the 
packaging production facility of CP-D Acquisition Company, LLC. The 
revision changes the source name from Cromwell-Phoenix, Incorporated, to 
CP-D Acquisition Company, LLC.
    (i) Incorporation by reference.
    (A) November 20, 2003, Supplemental Opinion and Order of the 
Illinois Pollution Control Board, AS 03-05, effective November 20, 2003.

[[Page 568]]

    (184) On October 23, 2007, the Illinois Environmental Protection 
Agency submitted revisions to its State implementation plan for the 
Oxides of Nitrogen (NOX) SIP Call Phase II. The State has 
submitted revisions to 35 Illinois Administrative Code (Ill. Adm. Code) 
Parts 211 and 217. The rules pertain to definitions and general 
provisions, and control of Nitrogen Oxides (NOX), 
respectively. The rules satisfy the requirements of EPA's NOX 
SIP Call Phase II Rule (the Phase II Rule).
    (i) Incorporation by reference. (A) Illinois Administrative Code, 
Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter 
I: Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 211: Definitions and General 
Provisions, Subpart B: Definitions, Sections: 211.740 Brakehorsepower; 
211.1740 Diesel Engine; 211.1920 Emergency or Standby Unit; 211.3300 
Lean-burn Engine; and 211.5640 Rich-burn Engine; effective September 25, 
2007. (B) Illinois Administrative Code, Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control 
Board, Subchapter c: Emission Standards and Limitations for Stationary 
Sources, Part 217: Nitrogen Dioxide Emissions, Subpart A: General 
Provisions, Sections: 217.101 Measurement Methods; 217.102 Abbreviation 
and Units; Subpart Q: Stationary Reciprocating Internal Combustion 
Engines and Turbines, Sections 217.386 Applicability; 217.388 Control 
and Maintenance Requirements; 217.390 Emissions Averaging Plan; 217.392 
Compliance; 217.394 Testing and Monitoring; 217.396 Recordkeeping and 
Reporting; and 217 Appendix G: Existing Reciprocating Internal 
Combustion Engines Affected by the NOX SIP Call; effective 
September 25, 2007.
    (ii) Additional material. Illinois Administrative Code, Title 35: 
Environmental Protection, Subtitle B: Air Pollution, Chapter I: 
Pollution Control Board, Subchapter c: Emission Standards and 
Limitations for Stationary Sources, Part 217: Nitrogen Dioxide 
Emissions, Subpart A: General Provisions, Section 217.104 Incorporation 
by Reference; effective September 25, 2007.
    (185) On December 7, 2009, Illinois submitted a rule for the sunset 
of the provisions of 35 IAC 217 Subpart W, regulating electric 
generating unit participation in the NOX Budget Trading 
Program, since these provisions have been superseded by provisions 
established pursuant to the Clean Air Interstate Rule.
    (i) Incorporation by reference. The Illinois rule at 35 IAC 217.751, 
entitled ``Sunset Provisions,'' submitted on December 7, 2009, effective 
on November 2, 2009, is incorporated by reference.
    (186) On July 17, 2009, Illinois submitted amendments to its 
pharmaceutical manufacturing rules for approval into its state 
implementation plan. These amendments consist of a site-specific 
rulemaking for certain of Abbott Laboratories' (Abbott) tunnel dryers 
and fluid bed dryers.
    (i) Incorporation by reference.
    (A) Illinois Administrative Code, Title 35: Environmental 
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control 
Board, Subchapter c: Emission Standards and Limitations for Stationary 
Sources, Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart T: Pharmaceutical Manufacturing, Section: 
218.480 Applicability, effective August 26, 2008.
    (ii) Additional material.
    (A) Letter from Laurel L. Kroack, Illinois Environmental Protection 
Agency, to Cheryl Newton, EPA, dated May 12, 2010, with attachments, 
that establishes how compliance with Abbott's 20.6 tons VOC per year 
limit is determined as well as Abbott's recordkeeping requirements.
    (187) On October 25, 2010, Illinois submitted revised regulations 
that are consistent with 40 CFR 51.100(s)(1), as amended by 74 FR 3437. 
The compounds propylene carbonate and dimethyl were added to the list of 
negligibly reactive compounds excluded from the definition of VOC in 35 
IAC 211.7150(a).
    (i) Incorporation by reference. Illinois Administrative Code Title 
35: Environmental Protection, Part 211: Definitions and General 
Provisions, Section 211.7150: Volatile Organic Matter (VOM) or Volatile 
Organic Compound (VOC), Subsection 211.7150(a). Effective January 11, 
2010.

[[Page 569]]

    (188) On November 8, 2010, the Illinois Environmental Protection 
Agency submitted a revision to its state implementation plan. The 
revision to the SIP allows an adjusted standard to the general rule, Use 
of Organic Material Rule, known as the eight pound per hour (8 lb/hr) 
rule, for volatile organic matter, for Royal Fiberglass Pools, Inc. 
manufacturing facility located in Dix, Illinois. The adjusted standard 
is that 35 Ill. Adm. Code 217.301 does not apply to VOM emissions from 
Royal's Dix, Illinois facility. The facility is subject to emission 
limit requirements set forth in the MACT under 40 CFR 63 subpart WWWW 
finalized in 68 FR 19402, April 21, 2003.
    (i) Incorporation by reference. (A) February 18, 2010, Opinion and 
Order of the Illinois Pollution Control Board, AS-09-04, effective 
February 18, 2010.
    (189) On July 29, 2010, September 16, 2011 and September 29, 2011 
Illinois submitted VOM RACT rules for the Chicago and Metro-East St. 
Louis 8-hour ozone nonattainment areas. These rules are consistent with 
the Control Technique Guideline documents issued by EPA in 2006, 2007 
and 2008 and satisfy the RACT requirements of the Act. On February 28, 
2011, Illinois EPA submitted a confirmation that the sewage treatment 
plant exemption in Subpart TT of Parts 218 and 219 does not apply to 
industrial wastewater. This clarification clearly establishes that VOM 
emissions from major non-CTG industrial wastewater operations are 
regulated by Subpart TT.
    (i) Incorporation by reference. The following sections of Illinois 
Administrative Code, Title 35: Environmental Protection, Subtitle B: Air 
Pollution, Chapter 1: Pollution Control Board, Subchapter c: Emission 
Standards and Limitations for Stationary Sources, are incorporated by 
reference:
    (A) Part 211: Definitions and General Provisions, Sections 211.1000, 
211.1745, 211.1878, 211.1885, 211.2359, 211.2368, 211.2615, 211.2830, 
211.2840, 211.2965, 211.3215, 211.3305, 211.3555, 211.3705, 211.3707, 
211.4065, 211.5335, 211.5535, 211.5585, 211.5860, 211.5875, 211.5885, 
211.6405, 211.6425, 211.6535, 211.7290; effective June 25, 2010.
    (B) Part 211: Definitions and General Provisions, Sections 211.101, 
211.102, 211.200, 211.233, 211.235, 211.260, 211.481, 211.492, 211.540, 
211.715, 211.735, 211.820, 211.825, 211.880, 211.954, 211.965, 211.1128, 
211.1455, 211.1560, 211.1565, 211.1655, 211.1700, 211.1872, 211.1876, 
211.1877, 211.1880, 211.1882, 211.1883, 211.2040, 211.2055, 211.2210, 
211.2310, 211.2320, 211.2360, 211.2369, 211.2415, 211.2525, 211.2622, 
211.2825, 211.2955, 211.2956, 211.2958, 211.2960, 211.2980, 211.3095, 
211.3120, 211.3240, 211.3505, 211.3665, 211.3760, 211.3775, 211.3785, 
211.3820, 211.3925, 211.3961, 211.3966, 211.3967, 211.3968, 211.3969, 
211.3975, 211.4052, 211.4080, 211.4220, 211.4285, 211.4455, 211.4540, 
211.4735, 211.4760, 211.4765, 211.4768, 211.4769, 211.4895, 211.4900, 
211.5012, 211.5061, 211.5062, 211.5075, 211.5090, 211.5400, 211.5520, 
211.5550, 211.5800, 211.5890, 211.5985, 211.5987, 211.6012, 211.6015, 
211.6017, 211.6020, 211.6063, 211.6065, 211.6400, 211.6427, 211.6460, 
211.6585, 211.6640, 211.6670, 211.6690, 211.6720, 211.6740, 211.6780, 
211.6825, 211.6885, 211.7220, 211.7240; effective September 14, 2010.
    (C) Part 211: Definitions and General Provisions, Sections 211.493, 
211.2200, 211.2358, 211.2800, 211.3985, 211.4460, 211.5140, 211.6587, 
211.6635; effective July 27, 2011.
    (D) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart F: Coating Operations, Section 218.218; 
effective March 23, 2010.
    (E) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart E: Solvent Cleaning, Section 218.181, 
Subpart H: Printing and Publishing, Sections 218.403, 218.405, 218.406, 
218.407, 218.408, 218.410, 218.412, 218.413, 218.416; effective June 25, 
2010.
    (F) Part 218: Organic Material Emission Standards and Limitations 
for the Chicago Area, Subpart A: General Provisions, Sections 218.106, 
218.112, Subpart F: Coating Operations, Sections 218.205, 218.208, 
218.210, 218.212, 218.219, Subpart II: Fiberglass Boat Manufacturing 
Materials, Section 218.890, Subpart JJ: Miscellaneous Industrial 
Adhesives, Section 218.900; effective September 14, 2010.
    (G) Part 218: Organic Material Emission Standards and Limitations 
for the

[[Page 570]]

Chicago Area, Subpart A: General Provisions, Section 218.105, Subpart E: 
Solvent Cleaning, Section 218.187, Subpart F: Coating Operations, 
Sections 218.204, 218.207, 218.211, 218.217, Subpart H: Printing and 
Publishing, Sections 218.401, 218.402, 218.404, 218.409, 218.411, 
218.415, 218.417, Subpart II: Fiberglass Boat Manufacturing Materials, 
Sections 218.891, 218.892, 218.894, Subpart JJ: Miscellaneous Industrial 
Adhesives, Sections 218.901, 218.902, 218.903, 218.904; effective July 
27, 2011.
    (H) Part 219: Organic Material Emission Standards and Limitations 
for the Metro East Area, Subpart F: Coating Operations, Section 219.218; 
effective March 23, 2010.
    (I) Part 219: Organic Material Emission Standards and Limitations 
for the Metro East Area, Subpart E: Solvent Cleaning, Section 219.181, 
Subpart H: Printing and Publishing, Sections 219.402, 219.403, 219.405, 
219.406, 219.407, 219.408, 219.410, 219.412, 219.413, 219.416; effective 
June 25, 2010.
    (J) Part 219: Organic Material Emission Standards and Limitations 
for the Metro East Area, Subpart A: General Provisions, Sections 
219.106, 219.112, Subpart F: Coating Operations, Sections 219.205, 
219.208, 219.210, 219.212, 219.219, Subpart II: Fiberglass Boat 
Manufacturing Materials, Section 219.890, Subpart JJ: Miscellaneous 
Industrial Adhesives, Section 219.900; effective September 14, 2010.
    (K) Part 219: Organic Material Emission Standards and Limitations 
for the Metro East Area, Subpart A: General Provisions, Section 219.105, 
Subpart E: Solvent Cleaning, Section 219.187, Subpart F: Coating 
Operations, Sections 219.204, 219.207, 219.211, 219.217, Subpart H: 
Printing and Publishing, Sections 219.401, 219.404, 219.409, 219.411, 
219.415, 219.417, Subpart II: Fiberglass Boat Manufacturing Materials, 
Sections 219.891, 219.892, 219.894, Subpart JJ: Miscellaneous Industrial 
Adhesives, Sections 219.901, 219.902, 219.903, 219.904; effective July 
27, 2011.
    (ii) Additional material. On February 28, 2011, Illinois EPA 
submitted an email confirmation that the sewage treatment plant 
exemption in Subpart TT of Parts 218 and 219 does not apply to 
industrial wastewater.
    (190) On June 10, 2011, the Illinois Environmental Protection Agency 
submitted a revision to its state implementation plan. The revision to 
the SIP allows an adjusted standard to the general rule, Use of Organic 
Material Rule, known as the eight pound per hour (8 lb/hr) rule, for 
volatile organic matter, for Leisure Properties LLC/D/B/A Crownline 
Boats manufacturing facility located in West Frankfort, Illinois. The 
adjusted standard is that the facility takes an alternative standard of 
the emission limit requirements set forth in the MACT under 40 CFR part 
63 subpart VVVV as published in 40 CFR Part 63 (Sec. 63.1200 to end) 
revised as of July 1, 2002.
    (i) Incorporation by reference.
    (A) July 22, 2004, Opinion and Order of the Illinois Pollution 
Control Board, AS-04-01, (identified in error as July 22, 2002 in the 
document heading), effective July 22, 2004.
    (ii) Additional material.
    (A) Letter from Laurel L. Kroack, Illinois Environmental Protection 
Agency, to Cheryl Newton, EPA, dated September 2, 2011, identifying that 
due to an ownership change to Crownline Boats, the Board transferred the 
adjusted standard to Leisure Properties LLC D/B/A Crownline Boats, which 
is the successor to Crownline Boats, by Board order AS04-l, effective 
October 7, 2010.

[37 FR 10862, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.720, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Note: At 77 FR 33661, June 7, 2012, Sec. 52.720 was 
amended by adding paragraph (c)(191), effective July 9, 2012. For the 
convenience of the user, the added text is set forth as follows:



Sec. 52.720  Identification of plan.

                                * * * * *

    (c) * * *
    (191) On April 7, 2010, Illinois submitted an amendment to its State 
Implementation Plan to add a new rule at 35 Illinois Administrative Code 
Part 223 that limits the amount of volatile organic compounds from 
consumer products and architectural and industrial maintenance coatings.

[[Page 571]]

    (i) Incorporation by reference. (A) Illinois Administrative Code; 
Title 35: Environmental Protection; Subtitle B: Air Pollution; Chapter 
I: Pollution Control Board; Subchapter c: Emission Standards and 
Limitation for Stationary Sources; Part 223: Standards and Limitations 
for Organic material Emissions for Area Sources, except for 
223.205(a)(6) and (a)(17), effective June 8, 2009.
    (B) [Reserved]



Sec. 52.721  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Burlington-Keokuk Interstate..............................           I          I       III       III        III
East Central Illinois Intrastate..........................         III         II       III       III        III
Metropolitan Chicago Interstate (Indiana-Illinois)........           I          I         I         I          I
Metropolitan Dubuque Interstate...........................           I        III       III       III        III
Metropolitan Quad Cities Interstate.......................           I        III       III       III        III
Metropolitan St. Louis Interstate (Missouri-Illinois).....           I          I       III         I          I
North Central Illinois Intrastate.........................          II         IA       III       III        III
Paducah (Kentucky)-Cairo (Illinois) Interstate............           I         II       III       III        III
Rockford (Illinois)-Janesville-Beloit (Wisconsin)                   II        III       III       III        III
 Interstate...............................................
Southeast Illinois Intrastate.............................         III         II       III       III        III
West Central Illinois Intrastate..........................           I         IA       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10862, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 
FR 11493, Feb. 21, 1980]



Sec. 52.722  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approved Illinois' plan for the attainment and maintenance of the 
National Ambient Air Quality Standards under section 110 of the Clean 
Air Act. Furthermore, the Administrator finds the plan satisfies all 
requirements of part D, title I of the Clean Air Act as amended in 1977, 
except as noted below. In addition, continued satisfaction of the 
requirements of part D for the ozone portion of the SIP depends on the 
adoption and submittal of RACT requirements by July 1, 1980, for the 
sources covered by CTGs between January 1978 and January 1979 and 
adoption and submittal by each subsequent January of additional RACT 
requirements for sources covered by CTGs issued by the previous January.
    (b) The Administrator finds that the transportation control plans 
for the East St. Louis and Chicago areas submitted on December 3, 1982, 
satisfy the related requirements of part D, title I of the Clean Air 
Act, as amended in 1977.
    (c) The Administrator finds that the carbon monoxide control 
strategy submitted on May 4, 1983, satisfies all requirements of part D, 
title I of the Clean Air Act, as amended in 1977, except for section 
172(b)(6).

[55 FR 40661, Oct. 4, 1990]



Sec. 52.723  [Reserved]



Sec. 52.724  Control strategy: Sulfur dioxide.

    (a) Part D--Conditional Approval--The Illinois plan is approved 
provided that the following condition is satisfied:
    (1) The plan includes a reanalysis of the Pekin, Illinois area, a 
submittal of the analysis results to USEPA, the proposal of any 
additional regulations to the Illinois Pollution Control Board necessary 
to insure attainment and maintenance of the sulfur dioxide standard, and 
the promulgation of any necessary regulations. The State must complete 
the reanalysis, submit the results to USEPA and submit any necessary, 
additional regulations to the Illinois Pollution Control Board by 
September 30, 1980. Any necessary regulation must be finally promulgated 
by the State and submitted to USEPA by September 30, 1981.
    (2) Extension of Condition--USEPA approves the date of July 1, 1984 
for

[[Page 572]]

submitting the draft sulfur dioxide rule revisions and supporting 
documentation as required in (a)(1) for Peoria, Hollis and Groveland 
Townships in Illinois. The State must complete final rule adoption as 
expeditiously as possible but no later than December 31, 1985.
    (b) Part D--Disapproval--USEPA disapproves Rules 204(c)(1)(B), Rule 
204(c)(1)(C), Rule 204(e)(1) and Rule 204(e)(2) for those sources for 
which these rules represent a relaxation of the federally enforceable 
State Implementation Plan. Rule 204(c)(1)(B), Rule 204(c)(1)(C), Rule 
204(e)(1) and Rule 204(e)(2) are approved as not representing 
relaxations of the State Implementation Plan for the following sources:

   Sources of 10 Million Btu per Hour or More Not Increasing Allowable Sulfur Dioxide Emissions as a Result of
 Record Rules 204(c) and 204(e) Because New Allowable Emissions Rate is Same as or Less Than Old Allowable Rate
                                    Pounds per Hour (Pounds per Million Btu)
----------------------------------------------------------------------------------------------------------------
                                                                                                      Emissions
                                                                                                         now
                                                                                        Emissions     allowable
                    County                                      Name                    formerly     without new
                                                                                        allowable      permit
                                                                                           \1\       application
                                                                                                         \2\
----------------------------------------------------------------------------------------------------------------
Boone........................................  Chrysler.............................   1,760 (4.4)   1,760 (4.4)
Champaign....................................  Chanute Air Base.....................   1,317 (3.0)   1,317 (3.0)
Crawford.....................................  CIPS.................................   8,242 (5.1)   8,242 (5.1)
Douglas......................................  USI Chemicals........................   8,022 (5.3)   8,022 (5.3)
Fulton.......................................  Freeman Coal.........................    22.2 (1.2)    22.2 (1.2)
La Salle.....................................  Del Monte............................     296 (3.9)     296 (3.9)
Massac.......................................  EEI Joppa............................  36,865 (3.6)  36,865 (3.6)
Montgomery...................................  CIPS.................................  55,555 (5.8)  55,555 (5.8)
Morgan.......................................  ......do.............................  24,000 (6.0)  20,800 (5.2)
Putnam.......................................  Illinois Power.......................  17,051 (5.8)  17,051 (5.8)
Randolph.....................................  ......do \3\.........................  81,339 (4.6)  81,339 (4.6)
Rock Island..................................  International Harvester..............  1,643 (4.35)  1,643 (4.35)
Williamson...................................  Marion Correctional..................     396 (5.7)     396 (5.7)
----------------------------------------------------------------------------------------------------------------
\1\ 6.0 lbs/MMBTU of existing coal fired capacity or total 204(e)(2) emissions less actual oil fired and NSPS
  emissions, whichever is lower.
\2\ Maximum allowable emissions for existing coal fired capacity according to revised rules 204(c) and 204(e)
  consolidated, usually equally equalling total emissions as given by 204(e)(2) less actual oil fired NSPS
  emissions. (In the one case wherein the new allowable limit is less than that given by 204(e)(2) the allowable
  emissions were determined by 204(e)(1) with which the source is required to comply.)
\3\ Source is in compliance per 204(e)(3).
 
CIPS=Central Illinois Public Service.
EEI=Electric Energy Incorporated.


This disapproval does not in and of itself result in the growth 
restrictions of section 110(a)(2)(1).
    (c) Disapproval--USEPA disapproves Rule 204(e)(4) as not being 
adequate to protect the NAAQS. This disapproval does not in and of 
itself result in the growth restrictions of section 110(a)(2)(I).
    (d) Disapproval--USEPA disapproves Rule 204(f)(1)(D) as completely 
deregulating SO2 emissions from existing processes without 
providing an assessment of the ambient air quality impact or a showing 
that increasing the allowable emissions from these sources will not 
cause or contribute to violations of the NAAQS or PSD increments. This 
disapproval does not in and of itself result in the growth restrictions 
of section 110(a)(2)(I).
    (e) Disapproval--USEPA disapproves Rule 204(h) for those sources for 
which USEPA has disapproved rules 204(c) and 204(e). This disapproval 
does not in and of itself result in the growth restrictions of section 
110(a)(2)(I).
    (f) Approval--USEPA approves rule 204(e)(3) for those sources able 
to show that the proposed emission rate will not cause or contribute to 
a violation of the NAAQS. The State must submit these emission 
limitations, along with the technical support to USEPA for approval.
    (g) Part D--Approval--The State plan for Alton Township, Madison 
County,

[[Page 573]]

which consists of a federally Enforceable State Operating Permit 
controlling sulfur dioxide emissions from the boilers and reheat 
furnaces at Laclede Steel, which was submitted on November 18, 1993, is 
approved.
    (h) Approval--On November 10, 1994, the Illinois Environmental 
Protection Agency submitted a sulfur dioxide redesignation request and 
maintenance plan for Peoria and Hollis Townships in Peoria County and 
Groveland Township in Tazewell County to redesignate the townships to 
attainment for sulfur dioxide. The redesignation request and maintenance 
plan meet the redesignation requirements in section 107(d)(3)(d) of the 
Clean Air Act (Act) as amended in 1990.

[45 FR 62806, 62809, Sept. 22, 1980, as amended at 50 FR 5250, Feb. 7, 
1985; 59 FR 18753, Apr. 20, 1994; 60 FR 17001, Apr. 4, 1995]



Sec. 52.725  Control strategy: Particulates.

    (a) [Reserved]
    (b) Part D--Disapproval. (1) U.S. EPA disapproves the provisions of 
Rule 203(f) which allow the use of an equivalent method without review 
and approval of that method. Any source subject to Rule 203(f) which 
chooses to use an equivalent method must have that equivalent method 
submitted to U.S. EPA and approved as a SIP revision.
    (2) U.S. EPA disapproves the following portions of Rule 203(d)(5) 
which regulate the control of particulate matter from specific sources 
within the iron and steel industry: Rule 205(d)(5)(B)(ii), Rule 
205(d)(5)(B)(iii), Rule 205(d)(5)(D), and Rule 205(d)(5)(K).
    (3) USEPA disapproves a proposed SIP revision submitted by the State 
on May 12, 1982, in the form of a May 18, 1981 Consent Decree (Civil 
Action 81-3009) to which USEPA, Illinois Environmental Protection Agency 
and National Steel Corporation are parties and a draft Alternative 
Control Strategy Permit. This submission was modified by the State, 
September 30, 1982, with the submission of a separate document embodying 
the elements of the Alternative Control Strategy. This separate document 
was intended to become an enforceable part of the SIP.
    (c) Approval--On September 28, 1988, the State of Illinois submitted 
a committal SIP for particulate matter with an aerodynamic diameter 
equal to or less than 10 micrometers (PM10) for the Illinois 
Group II areas of concern in DuPage, Will, Rock Island, Macon, Randolph, 
and St. Clair Counties. The committal SIP contains all the requirements 
identified in the July 1, 1987, promulgation of the SIP requirements for 
PM10 at 52 FR 24681.
    (d) Approval--On June 2, 1995, and January 9, 1996, the State of 
Illinois submitted a maintenance plan for the particulate matter 
nonattainment portion of LaSalle County, and requested that it be 
redesignated to attainment of the National Ambient Air Quality Standard 
for particulate matter. The redesignation request and maintenance plan 
satisfy all applicable requirements of the Clean Air Act.
    (e) Approval--On March 19, 1996, and October 15, 1996, Illinois 
submitted requests to redesignate the Granite City Particulate Matter 
(PM) nonattainment area to attainment status for the PM National Ambient 
Air Quality Standards (NAAQS), as well as a maintenance plan for the 
Granite City area to ensure continued attainment of the NAAQS. The 
redesignation request and maintenance plan satisfy all applicable 
requirements of the Clean Air Act.
    (f) On November 14, 1995, May 9, 1996, and June 14, 1996, the State 
of Illinois submitted State Implementation Plan (SIP) revision requests 
to meet commitments related to the conditional approval of Illinois' May 
15, 1992, SIP submittal for the Lake Calumet (SE Chicago), McCook, and 
Granite City, Illinois, Particulate Matter (PM) nonattainment areas. The 
EPA is approving the SIP revision request as it applies to the McCook PM 
nonattainment area. For the McCook PM nonattainment area, all of the 
deficiencies of the May 15, 1992, submittal have been corrected.
    (g) Approval--On May 5, 1992, November 14, 1995, May 9, 1996, June 
14, 1996, February 3, 1997, October 16, 1997, October 21, 1997, February 
1, 1999, and May 19, 1999, Illinois submitted SIP revision requests to 
meet the Part D particulate matter (PM) nonattainment plan requirements 
for the Lake Calumet, Granite City and McCook moderate PM nonattainment 
areas. The submittals

[[Page 574]]

include federally enforceable construction permit, application number 
93040047, issued on January 11, 1999, to Acme Steel Company. The part D 
plans for these areas are approved.
    (h) Approval--On August 2, 2005, the State of Illinois submitted a 
request to redesignate the Lyons Township (McCook), Cook 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-10). In its submittal, the State also 
requested that EPA approve the maintenance plan for the area into the 
Illinois PM SIP. The redesignation request and maintenance plan meet the 
redesignation requirements of the Clean Air Act.
    (i) Approval--On August 2, 2005, and as supplemented on September 8, 
2005, the State of Illinois submitted a request to redesignate the Lake 
Calumet (Southeast Chicago), Cook 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-10). In its submittal, the State also requested that EPA 
approve the maintenance plan for the area into the Illinois PM SIP. The 
redesignation request and maintenance plan meet the redesignation 
requirements of the Clean Air Act.
    (j) Determination of Attainment. EPA has determined, as of November 
27, 2009, that the Chicago-Gary-Lake County, IL-IN PM2.5 
nonattainment area has attained the 1997 PM2.5 NAAQS. This 
determination, in accordance with 40 CFR 51.1004(c), suspends the 
requirements for this area to submit an attainment demonstration, 
associated reasonably available control measures, reasonable further 
progress, contingency measures, and other plan elements related to 
attainment of the standard for as long as this area continues to meet 
the 1997 PM2.5 NAAQS.
    (k) Determination of Attainment. EPA has determined, as of May 23, 
2011, that the Saint Louis, Illinois-Missouri PM2.5 
nonattainment area has attained the 1997 PM2.5 NAAQS. This 
determination, in accordance with 40 CFR 51.1004(c), suspends the 
requirements for this area to submit an attainment demonstration, 
associated reasonably available control measures, reasonable further 
progress, contingency measures, and other plan elements related to 
attainment of the standards for as long as the area continues to meet 
the 1997 PM2.5 NAAQS.

[45 FR 11493, Feb. 21, 1980, as amended at 46 FR 44185, Sept. 3, 1981; 
47 FR 26620, June 21, 1982; 48 FR 45246, Oct. 4, 1983; 49 FR 1905, Jan. 
16, 1984; 55 FR 20266, May 16, 1990; 61 FR 41345, Aug. 8, 1996; 63 FR 
11846, Mar. 11, 1998; 63 FR 47434, Sept. 8, 1998; 64 FR 37851, July 14, 
1999; 70 FR 55545, 55549, Sept. 22, 2005; 74 FR 62249, Nov. 27, 2009; 76 
FR 29656, May 23, 2011]

    Effective Date Note: At 77 FR 38184, June 27, 2012, Sec. 52.725 was 
amended by revising paragraph (k), effective July 27, 2012. For the 
convenience of the user, the revised text is set forth as follows:



Sec. 52.725  Control Strategy: Particulates.

                                * * * * *

    (k) Determination of attainment. EPA has determined, as of May 23, 
2011, that the St. Louis (MO-IL) metropolitan 1997 PM2.5 
nonattainment area has attained the 1997 PM2.5 NAAQS. This 
determination, in accordance with 40 CFR 51.1004(c), suspends the 
requirements for this area to submit an attainment demonstration, 
associated reasonably available control measures, reasonable further 
progress, contingency measures, and other plan elements related to 
attainment of the standards for as long as the area continues to meet 
the 1997 PM2.5 NAAQS. In addition, based upon review of the 
air quality data for the 3-year period 2007 to 2009, EPA has determined 
that the St. Louis (MO-IL) PM2.5 nonattainment area has 
attained the 1997 PM2.5 NAAQS by the applicable attainment 
date of April 5, 2010.



Sec. 52.726  Control strategy: Ozone.

    (a) Part D--Conditional Approval--The Illinois plan is approved 
provided that the following conditions are satisfied:
    (1) [Reserved]
    (2) The State conducts a study to demonstrate that the 75 percent 
overall control efficiency requirement in Rule 205(n) represents RACT, 
submits the results of the study to USEPA, and submits any necessary 
regulations representing RACT to the Illinois Pollution Control Board. 
The State must comply with these conditions by February 28, 1981. Any 
necessary regulations must be finally promulgated by

[[Page 575]]

the State and submitted to USEPA by February 28, 1982.
    (3) Extension of Condition--USEPA approves the date of July 31, 1984 
for the State of Illinois to satisfy the condition of approval to the 
ozone State Implementation Plan listed in paragraph (a)(2) of this 
section.
    (b) Disapproval--USEPA disapproves the compliance schedule in Rule 
205(j) as it applies to loading rack controls for all emission sources 
subject to Rule 205(b)(1), as approved by USEPA on May 31, 1972 which 
were required to be in compliance by December 31, 1973. This disapproval 
does not in and of itself result in the growth restrictions of section 
110(a)(2)(I).
    (c) Negative Declarations--Stationary Source Categories. The State 
of Illinois has certified to the satisfaction of USEPA that no sources 
are located in the nonattainment areas of the State which are covered by 
the following Control Technique Guidelines:
    (1) High density polyethylene and polypropylene manufacturers.
    (2) Vegetable oil processing sources with volatile organic compound 
emissions equal to or greater than 100 tons per year.
    (d) Part D Disapproval--The Administrator finds that Illinois' ozone 
plan for Cook, Lake, DuPage and Kane Counties, which was required to be 
submitted by July 1, 1982, does not satisfy all the requirements of Part 
D, Title I of the Clean Air Act and, thus, is disapproved. No major new 
stationary source, of major modification of a stationary source, or 
volatile organic compounds may be constructed in Cook, Lake, DuPage or 
Kane Counties, unless the construction permit application is complete on 
or before November 16, 1988. This disapproval does not affect USEPA's 
approval (or conditional approval) of individual parts of Illinois' 
ozone plan, and they remain approved.
    (e) Disapproval--The Administrator finds that the following State 
rules have not been demonstrated to be consistent with the reasonably 
available control technology requirements of section 172 of the Clean 
Air Act, as amended in 1977, and thus, are disapproved: subpart F, 
section 215.204(c); subpart F, section 215.206(b); subpart F, section 
215.204(j)(4); subpart I; subpart AA; subpart PP; subpart QQ; subpart 
RR; subpart A, section 215.102; subpart T; subpart H, section 215.245; 
subpart F, section 215.207; and subpart A, section 215.107, all of title 
35; Environmental Protection; subtitle B: Air Pollution; Chapter 1: 
Pollution Control Board of the Illinois Administrative Code (June 1989).
    (f) On September 30, 1992, the State submitted rules regulating 
volatile organic compound emissions from gasoline dispensing facilities' 
motor vehicle fuel operations (Stage II vapor recovery rules) in the 
Chicago ozone nonattainment area. The Illinois Environmental Protection 
Agency Bureau of Air must as part of the program conduct inspections of 
facilities subject to this rule to ensure compliance with the applicable 
rules. These inspections will be conducted on an annual basis or an 
alternative schedule as approved in the USEPA Fiscal Year Inspection 
Program Plan.
    (g) Approval--The Administrator approves the incorporation of the 
photochemical assessment ambient monitoring system submitted by Illinois 
on November 4, 1993, into the Illinois State Implementation Plan. This 
submittal satisfies 40 CFR 58.20(f) which requires the State to provide 
for the establishment and maintenance of photochemical assessment 
monitoring stations (PAMS) by November 12, 1993.
    (h) Approval--On November 12, 1993, the Illinois Environmental 
Protection Agency submitted an ozone redesignation request and 
maintenance plan for Jersey County ozone nonattainment area and 
requested that Jersey County be redesignated to attainment for ozone. 
The redesignation request and maintenance plan meet the redesignation 
requirements in section 107(d)(3)(d) of the Act. The redesignation meets 
the Federal requirements of section 182(a)(1) of the Clean Air Act as a 
revision to the Illinois ozone State Implementation Plan for Jersey 
County.
    (i) The base year (1990) ozone emission inventory requirement of 
section 182(a)(1) of the Clean Air Act, as amended in 1990, has been 
satisfied for the following Illinois ozone nonattainment areas: the 
Chicago nonattainment area--Cook, DuPage, Kane, Lake,

[[Page 576]]

Will and McHenry Counties, Aux Sable and Gooselake Townships in Grundy 
County, and Oswego Township in Kendall County; the Metro-East St. Louis 
nonattainment area--Madison, Monroe, and St. Clair Counties; and Jersey 
County.
    (j) Approval--On July 14, 1994, Illinois submitted two of three 
elements required by section 182(d)(1)(A) of the Clean Air Amendments of 
1990 to be incorporated as part of the vehicle miles traveled (VMT) 
State Implementation Plan intended to offset any growth in emissions 
from a growth in vehicle miles traveled. These elements are the 
offsetting of growth in emissions attributable to growth in VMT which 
was due November 15, 1992, and, transportation control measures (TCMs) 
required as part of Illinois' 15 percent reasonable further progress 
(RFP) plan which was due November 15, 1993. Illinois satisfied the first 
requirement by projecting emissions from mobile sources and 
demonstrating that no increase in emissions would take place. Illinois 
satisfied the second requirement by submitting the TCMs listed in Table 
1 which are now approved into the Illinois SIP.

                                                     Table 1
----------------------------------------------------------------------------------------------------------------
                                                                                                          SIP
             Project type                       Location description              Completion status      credit
                                                                                                        VOC tpd
----------------------------------------------------------------------------------------------------------------
RS/SIG MOD...........................  Madison Street (Western Ave. to         Done..................   0.015400
                                        Halsted Street).
SIG COORD............................  Willow Road (Landwer Road to Shermer).  Awarded...............   0.052000
SIG COORD............................  Rand Road (Baldwin Road to Kennicott).  Awarded...............   0.052000
SIG COORD............................  Northwest Hwy (Potter Road to           Awarded...............   0.030000
                                        Cumberland Avenue).
SIGS/SIG COORD.......................  159th Street (US 45 to 76th Ave & at    Awarded...............   0.030000
                                        91st Avenue).
SIG COORD............................  Harlem Ave. (71st St. to 92nd)........  Awarded...............   0.052000
SIG COORD............................  Harlem Ave. (99th Street to 135th St.)  Awarded...............   0.052000
RECONST/SIGS/LTS.....................  Archer Ave. (88th Ave to 65th St.)....  Awarded...............   0.030000
SIG COORD............................  Ogden Ave. (N. Aurora Road to Naper     Awarded...............   0.030000
                                        Boulevard).
SIG COORD............................  North Ave. (Tyler to Kautz)...........  Awarded...............   0.030000
SIG COORD............................  Higgens Road (Il 72 at Il 31).........  Awarded...............   0.030000
SIG COORD............................  Sheridan Road (Il 173 to Wadsworth)...  Awarded...............   0.030000
SIG COORD............................  Lagrange Road (Belmont to Lake St.)...  Awarded...............   0.030000
SIG COORD............................  Dundee Road (Sanders Road to Skokie     Awarded...............   0.052000
                                        Valley Road).
SIG COORD............................  Dundee Road (Buffalo Grove Road to Il   Awarded...............   0.030000
                                        21).
INT IMP/SIG COORD....................  Golf Road (E. River Road to Washington  Awarded...............   0.052000
                                        Ave.).
SIG COORD............................  Golf Road (Barrington to Roselle Road)  Awarded...............   0.030000
SIG COORD............................  Higgins Road (Barrington to Roselle     Awarded...............   0.030000
                                        Road).
SIG COORD............................  Joe Orr Road (Vincennes Ave. to Il 1).  Awarded...............   0.030000
----------------------------------------------------------------------------------------------------------------


                                                     Table 1
----------------------------------------------------------------------------------------------------------------
             Project type                         Location description            Completion status   SIP credit
----------------------------------------------------------------------------------------------------------------
SIG COORD/RS..........................  Crawford Ave. (93rd Street to 127th      Awarded                0.052000
                                         Street).
SIG COORD.............................  IL 53 (Briarcliff to South of I-55)....  Done                   0.030000
SIG COORD.............................  Ogden Ave. (Oakwood Avenue to Fairview   Awarded                0.019000
                                         Avenue).
SIG COORD.............................  US 14 (Rohlwing Road to Wilke Road)....  Awarded                0.030000
SIG COORD.............................  US 30 (At Cottage Grove, Ellis St).....  Awarded                0.030000
SIG COORD.............................  IL 53 (Modonough to Mills).............  Done                   0.030000
SIG CONN..............................  Ogden Ave. (IL 43 to 31st Street)......  Awarded                0.013000
SIG CONN..............................  US 12 (Long Grove--Hicks Road).........  Awarded                0.055200
SIG CONN..............................  North Ave. (Oak Park to Ridgeland).....  Awarded                0.007000
SIG CONN..............................  Roosevelt Road (Westchester Bl--IL 43).  Awarded                0.137000
SIG CONN..............................  Depster St (Keeler to Crawford Ave.)...  Awarded                0.010000
SIG CONN..............................  Arlington Hgts Rd. (Thomas to Central).  Awarded                0.044000
SIG CONN..............................  Palatine Rd. (Shoenbeck to Wolf Roads).  Awarded                0.042500
SIG CONN..............................  Western Ave. (US 30--Lakewood).........  Awarded                0.018900
RS/INT IMP............................  North Ave. (I-290 to IL 43)............  Awarded                0.056100
INT IMP...............................  Plum Grove Rd. (At Higgins Road).......  Awarded                0.010700
INT IMP...............................  St Street (At Illinois)................  Awarded                0.002700
RS/SIG MOD/INT IMP....................  Illinois/Grand (Kingsbury to Lake Shore  Done                   0.004200
                                         Drive).
ADD TURN LANES........................  York Rd. (Industrial to Grand Ave.)....  Done                   0.003800
SERVICE IMP...........................  SW Route Lane Service..................  Scheduled              0.005516
SIG INTCONN...........................  Washington Street......................  Scheduled              0.030370
SIG INTCONN...........................  IL 59..................................  Scheduled              0.068650
ENGR..................................  Citywide--Naperville...................  ...................    0.086230
SIG INTCONN...........................  Washington Street......................  Scheduled              0.008230

[[Page 577]]

 
SIG INTCONN...........................  Lewis Ave. (Yorkhousse to ILL 173).....  Scheduled              0.034600
SIG INTCONN...........................  Schaumberg Rd. (Barrington to            Scheduled              0.078080
                                         Martingale).
Vanpool Program (94 vehicles).........  Region-Wide Suburban...................  Done                   0.134000
Transp. Center........................  North West Cook County.................  Done                   0.032835
Transp. Center........................  Sears T.F..............................  Done                   0.005805
Station...............................  Clark/Lake.............................  Done                   0.010000
Station Recon.........................  18Th Douglas Line......................  Done                   0.001500
Station Recon.........................  Linden.................................  Done                   0.001500
Station Recon.........................  Cottage Grove..........................  Done                   0.001300
Com. Pkg..............................  Lisle..................................  Done                   0.010177
Com. Pkg..............................  Jefferson Park.........................  Done                   0.000110
Com. Pkg..............................  Edison Park............................  Done                   0.003614
Com. Pkg..............................  Palatine...............................  Done                   0.004336
Com. Pkg..............................  Central Street.........................  Done                   0.000519
Com. Pkg..............................  Palatine...............................  Done                   0.004890
Com. Pkg..............................  Crystal Lake...........................  Done                   0.034948
Com. Pkg..............................  137Th/Riverdale........................  Done                   0.004565
Com. Pkg..............................  River Forest...........................  Done                   0.000289
Com. Pkg..............................  115Th/Kensington.......................  Done                   0.002795
Com. Pkg..............................  119Th St...............................  Done                   0.004483
Com. Pkg..............................  Wilmette...............................  Done                   0.001587
Com. Pkg..............................  111Th St...............................  Done                   0.000507
Com. Pkg..............................  Edison Park............................  Done                   0.002371
Com. Pkg..............................  Joliet.................................  Done                   0.003967
Com. Pkg..............................  Hanover Park...........................  Done                   0.021799
Com. Pkg..............................  Bartlett...............................  Done                   0.008911
Com. Pkg..............................  Chicago Ridge..........................  Done                   0.002159
Com. Pkg..............................  103 Rd St..............................  Done                   0.000675
Com. Pkg..............................  Elmhurst...............................  Done                   0.003857
Com. Pkg..............................  Bartlett...............................  Done                   0.009326
Com. Pkg..............................  Morton Grove...........................  Done                   0.001444
Com. Pkg..............................  Palatine...............................  Done                   0.003598
Com. Pkg..............................  Harvard................................  Done                   0.006299
Com. Pkg..............................  Willow Springs.........................  Done                   0.001200
Com. Pkg..............................  Edgebrook..............................  Done                   0.002240
Com. Pkg..............................  Bensenville............................  Done                   0.002010
Com. Pkg..............................  Hanover Park...........................  Done                   0.015020
Com. Pkg..............................  Midlothian.............................  Done                   0.002570
Com. Pkg..............................  Route 59...............................  Done                   0.025020
Com. Pkg..............................  Lake Forest (West).....................  Done                   0.013780
Com. Pkg..............................  Lombard................................  Done
Com. Pkg..............................  Elmhurst...............................  Done                   0.001010
Com. Pkg..............................  Woodstock..............................  Done                   0.019000
Com. Pkg..............................  University Park........................  Done                   0.019950
Com. Pkg..............................  Grayslake..............................  Done                   0.006210
Com. Pkg..............................  Oak Forest.............................  Done                   0.004260
Com. Pkg..............................  91 St St...............................  Done                   0.003380
Com. Pkg..............................  Lockport...............................  Done                   0.007360
Com. Pkg..............................  Ravenswood.............................  Done                   0.000130
Com. Pkg..............................  Hickory Creek..........................  Done                   0.060140
Com. Pkg..............................  Cary...................................  Done                   0.005980
Com. Pkg..............................  Blue Island............................  Done                   0.019430
Com. Pkg..............................  Lemont.................................  Done                   0.016200
Com. Pkg..............................  Itasca.................................  Done                   0.003860
Com. Pkg..............................  Maywood................................  Done                   0.000600
Com. Pkg..............................  Ivanhoe................................  Done                   0.001960
Com. Pkg..............................  Ravinia................................  Done                   0.003210
Com. Pkg..............................  Fox River Grove........................  Done                   0.025170
Com. Pkg..............................  Medinah................................  Done                   0.012250
Com. Pkg..............................  Hanover Park...........................  Done                   0.011840
Com. Pkg..............................  Worth..................................  Done                   0.003530
Com. Pkg..............................  Roselle................................  Done                   0.007710
Com. Pkg..............................  Crystal Lake...........................  Done                   0.015050
Com. Pkg..............................  Gresham................................  Done                   0.000300
Com. Pkg..............................  Barrington.............................  Done                   0.002420
Rideshare Prog........................  Regionwide.............................  Scheduled              0.040000
Rapid Transit Service.................  Midway Airport.........................  Done                   0.220000
Transp. Center........................  Deerfield Lake-Cook....................  Done                   0.004160
Station Recon.........................  Davis St...............................  Done                   0.004000
Station Recon.........................  Addison................................  Done                   0.004000
Station Recon.........................  King Drive.............................  Done                   0.003000

[[Page 578]]

 
Station Recon.........................  Washington/Wells.......................  Done                   0.003000
Com. Pkg..............................  Cary...................................  Done                   0.027910
Com. Pkg..............................  Morton Grove...........................  Done                   0.002460
Com. Pkg..............................  80th Ave...............................  Scheduled              0.043200
Com. Pkg..............................  Round Lake.............................  Done                   0.015150
Com. Pkg..............................  Grayslake..............................  Done                   0.009170
Com. Pkg..............................  Ingleside..............................  Scheduled              0.005430
Com. Pkg..............................  Schamburg..............................  Scheduled              0.042090
Com. Pkg..............................  Oak Forest.............................  Scheduled              0.004680
Com. Pkg..............................  Lake Cook..............................  Scheduled              0.026390
Com. Pkg..............................  Grayslake..............................  Scheduled              0.035290
----------------------------------------------------------------------------------------------------------------

    (k) Approval--EPA is approving the section 182(f) oxides of nitrogen 
(NOX) reasonably available control technology (RACT), new 
source review (NSR), vehicle inspection/maintenance (I/M), and general 
conformity exemptions for the Illinois portion of the Chicago-Gary-Lake 
County severe ozone nonattainment area as requested by the States of 
Illinois, Indiana, Michigan, and Wisconsin in a July 13, 1994 submittal. 
This approval does not cover the exemption of NOX 
transportation conformity requirements of section 176(c) for this area. 
Approval of these exemptions is contingent on the results of the final 
ozone attainment demonstration expected to be submitted in mid-1997. The 
approval will be modified if the final attainment demonstration 
demonstrates that NOX emission controls are needed in the 
nonattainment area to attain the ozone standard in the Lake Michigan 
Ozone Study modeling domain.
    (l) Approval--The United States Environmental Protection Agency is 
approving under section 182(b)(1) of the Clean Air Act the exemption of 
the Chicago severe, ozone nonattainment area from the build/no-build and 
less than-1990 interim transportation conformity oxides of nitrogen 
requirements as requested by the State of Illinois in a June 20, 1995 
submittal. In light of the modeling completed thus far and considering 
the importance of the OTAG process and attainment plan modeling efforts, 
USEPA grants this NOX waiver on a contingent basis. As the 
OTAG modeling results and control recommendations are completed in 1996, 
this information will be incorporated into attainment plans being 
developed by the LADCO States. When these attainment plans are submitted 
to USEPA in mid-1997, these new modeling analyses will be reviewed to 
determine if the NOX waiver should be continued, altered, or 
removed. USEPA's rulemaking action to reconsider the initial 
NOX waiver may occur simultaneously with rulemaking action on 
the attainment plans. The USEPA also reserves the right to require 
NOX emission controls for transportation sources under 
section 110(a)(2)(D) of the Act if future ozone modeling demonstrates 
that such controls are needed to achieve the ozone standard in downwind 
areas. The Chicago severe ozone nonattainment area includes the Counties 
of Cook, DuPage, Grundy (Aux Sable and Gooselake Townships), Kane, 
Kendall (Oswego Township), Lake, McHenry, and Will.
    (m) [Reserved]
    (n) Negative declaration--Shipbuilding and ship repair industry. On 
October 11, 1996, the State of Illinois certified to the satisfaction of 
the United States Environmental Protection Agency that no major sources 
categorized as part of the shipbuilding and ship repair industry are 
located in the Chicago, Illinois ozone nonattainment area which is 
comprised of Cook, DuPage, Kane, Lake, McHenry, Will Counties and Aux 
Sable and Goose Lake Townships in Grundy County and Oswego Township in 
Kendall County or the Metro-East, Illinois ozone nonattainment area 
which is comprised of Madison, Monroe, and St. Clair Counties.
    (o) Negative declaration--Aerospace manufacturing and rework 
industry.

[[Page 579]]

On October 11, 1996, the State of Illinois certified to the satisfaction 
of the United States Environmental Protection Agency that no major 
sources categorized as part of the Aerospace Manufacturing and Rework 
Industry are located in the Chicago, Illinois ozone nonattainment area 
which is comprised of Cook, DuPage, Kane, Lake, McHenry, Will Counties 
and Aux Sable and Goose Lake Townships in Grundy County and Oswego 
Township in Kendall County or the Metro-East, Illinois ozone 
nonattainment area which is comprised of Madison, Monroe, and St. Clair 
Counties.
    (p) Approval--On November 15, 1993, Illinois submitted 15 percent 
rate-of-progress and 3 percent contingency plans for the Chicago ozone 
nonattainment area as a requested revision to the Illinois State 
Implementation Plan. These plans satisfy sections 182(b)(1), 172(c)(9), 
and 182(c)(9) of the Clean Air Act, as amended in 1990.
    (q) Approval--On November 15, 1993, Illinois submitted 15 percent 
rate-of-progress and 3 percent contingency plans for the Metro-East St. 
Louis ozone nonattainment area as a requested revision to the Illinois 
State Implementation Plan. These plans satisfy sections 182(b)(1) and 
172(c)(9) of the Clean Air Act, as amended in 1990.
    (r) Approval--On November 15, 1993, Illinois submitted the following 
transportation control measures as part of the 15 percent rate-of-
progress and 3 percent contingency plans for the Metro-East ozone 
nonattainment area: Work trip reductions; transit improvements; and 
traffic flow improvements.
    (s) On October 10, 1997, Illinois submitted a site-specific revision 
to the State Implementation Plan, in the form of a letter from Bharat 
Mathur, Chief, Bureau of Air, Illinois Environmental Protection Agency. 
This October 10, 1997, letter requests a change in regulatory status for 
Riverside Laboratories, Inc.'s Kane County facility, to reflect that the 
Federal site-specific rule for Riverside (40 CFR 52.741(e)(10)) has been 
superseded by the State of Illinois regulations, including the emission 
limits in 35 Illinois Administrative Code 218.204(c) and the associated 
control requirements, test methods and recordkeeping requirements in 
Part 218 and the associated definitions in part 211. These State 
regulations shall become the federally approved regulations applicable 
to Riverside on August 31, 1998. The site-specific rule, applicable to 
Riverside, promulgated by the Environmental Protection Agency on August 
21, 1995 (40 CFR 52.741(e)(10)), remains in effect and is enforceable 
after August 31, 1998 for the period before August 31, 1998.
    (t) The Illinois volatile organic compound (VOC) rules that apply to 
the Stepan Company Millsdale Plant for volatile organic liquid storage 
(35 Ill. Admin. Code Part 218, Subpart B), batch processing (35 Ill. 
Admin. Code Parts 218 and 219, Subpart V) and continuous reactor and 
distillation processes (35 Ill. Admin. Code Part 218, Subpart Q) were 
approved by the United States Environmental Protection Agency (USEPA) on 
August 8, 1996, April 2, 1996, and June 17, 1997, respectively. Because 
these rules have been approved into the State Implementation Plan and 
represent reasonably available control technology for VOC, USEPA revokes 
the June 29, 1990 Federal Implementation Plan as it applies to Stepan 
and replaces it with Illinois' volatile organic liquid storage, batch 
process, and continuous reactor and distillation process rules.
    (u) Negative declaration--Industrial wastewater category. On October 
2, 1998, the State of Illinois certified to the satisfaction of the 
United States Environmental Protection Agency that no major sources 
categorized as part of the Industrial wastewater category are located in 
the Metro-East ozone nonattainment area (Metro-East). The Metro-East 
area is comprised of Madison, Monroe and St. Clair Counties which are 
located in southwest Illinois, adjacent to St. Louis, Missouri.
    (v) Negative declaration--Industrial cleaning solvents category. On 
October 2, 1998, the State of Illinois certified to the satisfaction of 
the United States Environmental Protection Agency that no major sources 
categorized as part of the Industrial cleaning solvents category are 
located in the Metro-East ozone nonattainment area (Metro-East). The 
Metro-East area is comprised of Madison, Monroe and St. Clair

[[Page 580]]

Counties which are located in southwest Illinois, adjacent to St. Louis, 
Missouri.
    (w) Approval--On December 18, 1997, December 17, 1999, January 14, 
2000, and January 21, 2000, Illinois submitted a post-1996 Rate Of 
Progress Plan for the Chicago ozone nonattainment area as a requested 
revision to the Illinois State Implementation Plan. This plan reduces 
ozone precursor emissions by 9 percent from 1990 baseline emissions by 
November 15, 1999. This plan also supports a mobile source emissions 
budget of 279.3 tons/day of volatile organic compounds for 
transportation conformity purposes.
    (x) Approval--On December 18, 1997, Illinois submitted a contingency 
measure plan as part of the Chicago Area post-1996 Rate of Progress 
Plan. This plan reduces volatile organic compound emissions in the 
Chicago ozone nonattainment area by 3 percent from 1990 baseline 
emissions by November 15, 1999.
    (y) Approval--On December 18, 1997, Illinois submitted 
Transportation Control Measures (TCMs) as part of the post-1996 Rate Of 
Progress Plan for the Chicago ozone nonattainment area. The TCMs being 
approved are listed in the following documents published by the Chicago 
Area Transportation Study: ``Transportation Control Measures 
Contribution to the Post-1996 Rate-Of-Progress State Implementation 
Plan,'' March 22, 1996; ``Transportation Control Measures Contribution 
to the 9 percent Control Strategy State Implementation Plan,'' June 11, 
1998; and ``1999 Transportation Control Measures Contribution to the 9 
percent Rate of Progress Control Strategy State Implementation Plan,'' 
December 9, 1999.
    (z) Negative declaration--Industrial cleaning solvents category. On 
December 23, 1999, the State of Illinois certified to the satisfaction 
of the United States Environmental Protection Agency that no major 
sources categorized as part of the industrial cleaning solvents category 
are located in the Chicago ozone nonattainment area. The Chicago ozone 
nonattainment area includes Cook County, DuPage County, Aux Sable and 
Goose Lake Townships in Grundy County, Kane County, Oswego Township in 
Kendall County, Lake County, McHenry County and Will County.
    (aa) Negative declaration--Industrial wastewater category. On 
December 23, 1999, the State of Illinois certified to the satisfaction 
of the United States Environmental Protection Agency that no major 
sources categorized as part of the Industrial Wastewater Category are 
located in the Chicago ozone nonattainment area. The Chicago ozone 
nonattainment area includes Cook County, DuPage County, Aux Sable and 
Goose Lake Townships in Grundy County, Kane County, Oswego Township in 
Kendall County, Lake County, McHenry County and Will County.
    (bb) Approval--Revisions to the SIP submitted by Illinois on 
November 15, 1999; February 10, 2000; April 13, 2001; and April 30, 
2001. The revisions are for the purpose of satisfying the attainment 
demonstration requirements of section 182(c)(2)(A) of the Act for the 
Metro-East St. Louis area. The revision establishes an attainment date 
of November 15, 2004, for the St. Louis moderate ozone nonattainment 
area. This revision establishes MVEBs for 2004 of 26.62 TPD of VOC and 
35.52 TPD of NOX to be used in transportation conformity in 
the Metro-East St. Louis area until revised budgets pursuant to MOBILE6 
are submitted and found adequate. In the revision, Illinois commits to 
revise its VOC and NOX transportation conformity budgets 
within two years of the release of MOBILE6. No conformity determinations 
will be made during the second year following the release of MOBILE6 
unless and until the MVEBs have been recalculated using MOBILE6 and 
found adequate by EPA. EPA is granting a waiver for the Metro East St. 
Louis area to the state of Illinois from the NOX RACT 
requirements of the Act and disapproving the request for a waiver from 
the NOX NSR and NOX general conformity 
requirements. EPA is finding that the Contingency Measures identified by 
Illinois are adequate to meet the requirements of the Act. EPA finds 
that the Illinois SIP meets the requirements pertaining to RACM under 
the Act for the Metro-East St. Louis area.

[[Page 581]]

    (cc) Approval--Illinois has adopted and USEPA has approved 
sufficient NOX emission regulations to assure that it will 
achieve the level of NOX emissions budgeted for the State by 
USEPA. USEPA has made two minor budget revisions requested by Illinois, 
adding a boiler owned by LTV Steel and deleting a boiler owned by the 
University of Illinois from the inventory of large NOX 
sources.
    (dd) Chicago Ozone Attainment Demonstration Approval--On December 
26, 2000, Illinois submitted a one-hour ozone attainment demonstration 
plan as a requested revision to the Illinois State Implementation Plan. 
This plan includes: A modeled demonstration of attainment and associated 
attainment year conformity emission budgets; a plan to reduce ozone 
precursor emissions by 3 percent per year from 2000 to 2007 (a post-1999 
rate-of-progress plan), and associated conformity emission budgets; a 
contingency measures plan for both the ozone attainment demonstration 
and the post-1999 rate-of-progress plan; a commitment to conduct a Mid-
Course Review of the ozone attainment demonstration by the end of 2004; 
a demonstration that Illinois has implemented all reasonably available 
control measures; and a commitment to revise motor vehicle emission 
budgets within two years after the U.S. Environmental Protection Agency 
officially releases the MOBILE6 emission factor model.
    (ee) Approval of the Maintenance Plan for the Illinois Portion of 
the St. Louis Area--On December 30, 2002 Illinois submitted Maintenance 
Plan for the Illinois portion of the St. Louis Nonattainment Area. The 
plan includes 2014 On-Road Motor Vehicle Emission Budget of 10.13 tons 
per ozone season weekday of VOCs and 18.72 tons per ozone season weekday 
NOX to be used in transportation conformity.
    (ff) Approval--On April 11, 2003, Illinois submitted a revision to 
the ozone attainment plan for the Chicago severe 1-hour ozone 
nonattainment area. This plan revised the 2005 and 2007 Motor Vehicle 
Emissions Budgets (MVEB) recalculated using the emissions factor model 
MOBILE6. The approved motor vehicle emissions budgets are 151.11 tons 
per day VOC for 2005 and 127.42 tons per day VOC and 280.4 tons per day 
NOX for 2007.
    (gg) Approval--On January 30, 2007, the Illinois Environmental 
Protection Agency (IEPA) requested that EPA find that the Illinois 
portion of the Chicago-Gary-Lake County, Illinois-Indiana (IL-IN) 
nonattainment area, attained the revoked 1-hour ozone National Ambient 
Air Quality Standard (NAAQS). After review of this submission, EPA 
approves this finding.
    (hh) Disapproval. EPA is disapproving 35 Illinois Administrative 
Code part 217, subpart X, Voluntary NOX Emissions Reduction 
Program, as a revision to the Illinois SIP.
    (ii) Approval. EPA is approving a July 29, 2010, request from the 
State of Illinois for a waiver from the Clean Air Act requirement for 
Oxides of Nitrogen (NOx) Reasonably Available Control Technology (RACT) 
in the Illinois portions of the Chicago-Gary-Lake County, Illinois-
Indiana (Cook, DuPage, Kane, Lake, McHenry, and Will Counties, and 
portions of Grundy (Aux Sable and Goose Lake Townships) and Kendall 
(Oswego Township) Counties in Illinois) and St. Louis, Missouri-Illinois 
(Jersey, Madison, Monroe, and St. Clair Counties in Illinois) 1997 8-
hour ozone nonattainment areas.
    (jj) Determination of attainment. On June 5, 2009, the state of 
Indiana requested that EPA find that the Indiana portion of the Chicago-
Gary-Lake County, Illinois-Indiana (IL-IN) ozone nonattainment area has 
attained the 1997 8-hour ozone National Ambient Air Quality Standard 
(NAAQS). After review of Indiana's submission and 2006-2008 ozone air 
quality data for this ozone nonattainment area, EPA finds that the 
entire Chicago-Gary-Lake County, IL-IN area has attained the 1997 8-hour 
ozone NAAQS. Therefore, EPA has determined, as of March 12, 2010, that 
Cook, DuPage, Kane, Lake, McHenry, and Will Counties, and portions of 
Grundy County (Aux Sable and Goose Lake Townships) and Kendall County 
(Oswego Township) in Illinois have attained the 1997 8-hour ozone 
standard.
    (kk) Determination of attainment. EPA has determined, as of June 9, 
2011, that the St. Louis (MO-IL) metropolitan 1997 8-hour ozone 
nonattainment area

[[Page 582]]

has attained the 1997 8-hour ozone NAAQS. This determination, in 
accordance with 40 CFR 51.918, suspends the requirements for this area 
to submit an attainment demonstration, associated reasonably available 
control measures, reasonable further progress, contingency measures, and 
other plan elements related to attainment of the standards for as long 
as the area continues to meet the 1997 Ozone NAAQS. In addition, based 
upon EPA's review of the air quality data for the 3-year period 2007 to 
2009, the St. Louis (MO-IL) ozone nonattainment area has attained the 
1997 8-hour ozone NAAQS by the applicable attainment date of June 15, 
2010.

[45 FR 55197, Aug. 19, 1980]

    Editorial Note: For Federal Register citations affecting Sec. 
52.726, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Note: At 77 FR 34829, June 12, 2012, Sec. 52.726 was 
amended by adding paragraphs (ll) and (mm), effective July 12, 2012. For 
the convenience of the user, the added text is set forth as follows:



Sec. 52.726  Control strategy: Ozone.

                                * * * * *

    (ll) Approval--On May 26, 2010, and September 16, 2011, Illinois 
submitted a request to redesignate the Illinois portion of the St. 
Louis, MO-IL area to attainment of the 1997 8-hour ozone standard. The 
St. Louis area includes Jersey, Madison, Monroe, and St. Clair Counties 
in Illinois and St. Louis City and Franklin, Jefferson, St. Charles and 
St. Louis Counties in Missouri. As part of the redesignation request, 
the State submitted a plan for maintaining the 1997 8-hour ozone 
standard through 2025 in the area 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 2008 motor 
vehicle emissions budgets for the Illinois portion of the St. Louis area 
of 17.27 tpd for volatile organic compounds (VOC) and 52.57 tpd for 
nitrogen oxides (NOX). In addition the maintenance plan 
establishes 2025 motor vehicle emissions budgets for the Illinois 
portion of the St. Louis area of 5.68 tpd for VOC and 15.22 tpd for 
NOX.
    (mm) Emissions inventories for the 1997 8-hour ozone standard--
    (1) Approval--Illinois' 2002 emissions inventory satisfies the 
emissions inventory requirements of section 182(a)(1) of the Clean Air 
Act for the Illinois portion of the St. Louis, MO-IL area under the 1997 
8-hour ozone standard.
    (2) [Reserved]



Sec. 52.727  [Reserved]



Sec. 52.728  Control strategy: Nitrogen dioxide. [Reserved]



Sec. 52.729  Control strategy: Carbon monoxide.

    The following source specific emission controls are approved:
    (a) Approval--On August 15, 1996, the Illinois Environmental 
Protection Agency requested that the Marathon Oil Company in Robinson, 
Illinois be granted a carbon monoxide (CO) state implementation plan 
(SIP) revision with specified conditions. This SIP revision limits the 
Marathon Oil Company's CO emissions from its fluid bed catalytic 
cracking unit CO boiler to be no more than 300 parts per million of CO 
corrected for 50 percent excess air beginning January 19, 1996, and 
ending August 4, 1997. The variance became effective January 19, 1996. 
The SIP revision request satisfies all applicable requirements of the 
Clean Air Act.
    (b) [Reserved]

[62 FR 16705, Apr. 8, 1997]



Sec. 52.730  Compliance schedules.

    (a) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (b) Federal compliance schedules. (1) Except as provided in 
paragraph (b)(3) of this section, the owner or operator of any 
stationary source subject to the following emission limiting regulations 
in the Illinois implementation plan shall comply with the applicable 
compliance schedule in paragraph (b)(2) of this section: Illinois Air 
Pollution Control Regulations Rule 203(d)(4), 203(d)(6)(B)(ii)(bb), 
203(g)(1)(B), 203(g)(2), 203(g)(3), 203(g)(4), 204(c)(1)(A), 204(c)(2), 
204(d), and 204(e).
    (2) Compliance schedules. (i) The owner or operator of any 
stationary source subject to Illinois Air Pollution Control Regulation 
Rule 203(d)(4) shall take the following actions with respect

[[Page 583]]

to the source no later than the date specified.
    (a) September 30, 1973--Advertise for bids for purchase and 
construction or installation of equipment, or for materials requisite 
for process modification sufficient to control particulate emissions 
from the source.
    (b) November 15, 1973--Award contracts for emission control systems 
or process modification, or issue orders for the purchase of component 
parts to accomplish emission control or process modification.
    (c) May 31, 1974--Initiate onsite construction or installation of 
emission control system or process modification.
    (d) March 31, 1975--Complete onsite construction or installation of 
emission system or process modification.
    (e) May 31, 1975--Complete shakedown operation and performance test 
on source, submit performance test results to the Administrator; achieve 
full compliance with State agency regulation.
    (ii) The owner or operator of any stationary source subject to 
Illinois Air Pollution Control Regulation Rule 203(d)(6)(B)(ii)(bb) 
shall take the following actions with respect to the source no later 
than the date specified.
    (a) September 30, 1973--Advertise for bids for purchase and 
construction or for modification of equipment sufficient to control 
particulate emissions from the source.
    (b) November 15, 1973--Award contracts for emissions control systems 
or process modification, or issue orders for the purchase of component 
parts to accomplish emission control or process modification.
    (c) March 31, 1974--Initiate onsite construction or installation of 
emission control system.
    (d) October 31, 1974--Complete onsite construction or installation 
of emission control system.
    (e) December 31, 1974--Achieve final compliance with Illinois Air 
Pollution Control Regulations Rule 203(d)(6)(B)(ii)(bb).
    (iii) (a) The owner or operator of any boiler or furnace of more 
than 250 million BTU per hour heat input subject to Illinois Air 
Pollution Control Regulation Rule 204(c)(1)(A), 204(c)(2), 204(d), and 
204(e) shall notify the Administrator, no later than October 1, 1973, of 
his intent to utilize either low-sulfur fuel or stack gas 
desulfurization to the requirements of said regulation.
    (b) Any owner or operator of a stationary source subject to 
paragraph (b)(2)(iii)(a) of this section who elects to utilize low 
sulfur fuel shall take the following actions with respect to the source 
no later than the date specified.
    (1) November 1, 1973--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with Illinois Air Pollution Control Regulations Rule 
204(c)(1)(A), 204(c)(2), 204(d), and 204(e) on May 31, 1975, and for at 
least one year thereafter.
    (2) December 31, 1973--Sign contracts with fuel suppliers for fuel 
requirements as projected above.
    (3) January 31, 1974--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (4) March 15, 1974--Let contracts for necessary boiler 
modifications, if applicable.
    (5) June 15, 1974--Initiate onsite modifications, if applicable.
    (6) March 31, 1975--Complete onsite modifications, if applicable.
    (7) May 31, 1975--Final compliance with the emission limitation of 
Rules 204(c)(1)(A), 204(c)(2), 204(d), and 204(e).
    (c) Any owner or operator of a fuel combustion source subject to 
paragraph (b)(2)(iii)(a) of this section who elects to utilize stack gas 
desulfurization shall take the following actions with respect to the 
source no later than the date specified.
    (1) November 1, 1973--Let necessary contracts for construction.
    (2) March 31, 1974--Initiate onsite construction.
    (3) March 31, 1975--Complete onsite construction.
    (4) May 31, 1975--Complete shakedown operations and performance test 
on source, submit performance test results to the Administrator; achieve 
full compliance with Rule 204(c)(1)(A), 204(c)(2), 204(d), and 204(e).
    (iv) (a) The owner or operator of any stationary source subject to 
Illinois Air Pollution Control Regulations Rule

[[Page 584]]

203(g)(1)(B), 203(g)(2), 203(g)(3), and 203(g)(4) shall notify the 
Administrator, no later than October 1, 1973, of his intent to utilize 
either low ash fuel or a stack gas cleaning system to meet the 
requirements of said regulation.
    (b) Any owner or operator of a stationary source subject to 
paragraph (b)(2)(iv)(a) of this section who elects to utilize low ash 
fuel shall take the following actions with respect to the source no 
later than the date specified.
    (1) November 1, 1973--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with Illinois Air Pollution Control Regulations Rule 
203(g)(1)(B), 203(g)(2), 203(g)(3), and 203(g)(4) on May 31, 1975, and 
for at least one year thereafter.
    (2) December 31, 1973--Sign contracts with fuel suppliers for fuel 
requirements as projected above.
    (3) January 31, 1974--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (4) March 15, 1974--Let contracts for necessary boiler 
modifications, if applicable.
    (5) June 15, 1974--Initiate onsite modifications, if applicable.
    (6) March 31, 1975--Complete onsite modifications, if applicable.
    (7) May 31, 1975--Final compliance with the emission limitation of 
Rule 203(g)(1)(B), 203(g)(2), 203(g)(3), and 203(g)(4).
    (c) Any owner or operator of a stationary source subject to 
paragraph (b)(2)(iv)(a) of this section who elects to utilize a stack 
gas cleaning system shall take the following actions with respect to the 
source no later than the date specified.
    (1) January 15, 1974--Let necessary contracts for construction.
    (2) April 1, 1974--Initiate onsite construction.
    (3) April 1, 1975--Complete onsite construction.
    (4) May 31, 1975--Complete shakedown operations and performance 
tests on source, submit performance test results to the Administrator; 
achieve full compliance with Rule 203(g)(1)(B), 203(g)(2), 203(g)(3), 
and 203(g)(4).
    (v) Ten days prior to the conduct of any performance test required 
by this paragraph, the owner or operator of the affected source shall 
give notice of such test to the Administrator to afford him the 
opportunity to have an observer present.
    (vi) Any owner or operator subject to a compliance schedule above 
shall certify to the Administrator, within five days after the deadline 
for each increment of progress in that schedule, whether or not the 
increment has been met.
    (3)(i) None of the above paragraphs shall apply to a source which is 
presently in compliance with applicable regulations and which has 
certified such compliance to the Administrator by October 1, 1973. The 
Administrator may request whatever supporting information he considers 
necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Administrator no later than October 1, 1973, 
a proposed alternative compliance schedule. No such compliance schedule 
may provide for final compliance after the final compliance date in the 
applicable compliance schedule of this paragraph. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (4) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedules in paragraph (b)(2) of this section fail to 
satisfy the requirements of Sec. Sec. 51.261 and 51.262(a) of this 
chapter.
    (c) [Reserved]
    (d) The compliance schedules for the sources identified below are 
disapproved as not meeting the requirements of subpart N of this 
chapter. All regulations cited are air pollution control regulations of 
the State, unless otherwise noted.

[[Page 585]]



----------------------------------------------------------------------------------------------------------------
                Source                         Location           Regulation involved     Date schedule adopted
----------------------------------------------------------------------------------------------------------------
                                                christian county
----------------------------------------------------------------------------------------------------------------
Allied Mills, Inc....................  Taylorville............  204(c).................  Feb. 28, 1973.
----------------------------------------------------------------------------------------------------------------
                                                   cook county
----------------------------------------------------------------------------------------------------------------
Harco Aluminum Inc...................  Chicago................  204(c).................  Dec. 9, 1973.
J. L. Clark Manufacturing Co.........  Downers Grove..........  205(f).................  May 4, 1973.
Johnson & Johnson....................  Bedford Park...........  205(f).................  Jun. 20, 1973.
Lloyd J. Harris Pie, Co. Inc.........  Chicago................  204(c).................  Feb. 27, 1973.
Union Oil Co. of California..........  ......do...............  204(c).................  Jun. 19, 1973,
 (a) No. 10 boiler...................                                                    Dec. 13, 1973.
 (b) 11BIA crude heater..............
W. H. Hutchingson & Son, Inc.........  ......do...............  205(f).................  Aug. 12, 1973.
Western Rust Proof Co................  ......do...............  204(c).................  Oct. 10, 1973.
Wheeler Uniform Service Inc..........  ......do...............  204(c).................  May 22, 1973.
Wm. Yuenger Manufacturing Co.........  ......do...............  204(c).................  Aug. 16, 1973.
World's Finest Chocolate Inc.........  ......do...............  204(c).................  May 30, 1973.
----------------------------------------------------------------------------------------------------------------
                                                 jackson county
----------------------------------------------------------------------------------------------------------------
Tuck Industries, Inc.................  Carbondale.............  204(c).................  Jun. 20, 1973.
----------------------------------------------------------------------------------------------------------------
                                                   kane county
----------------------------------------------------------------------------------------------------------------
All Steel Equipment Corp.............  Montgomery.............  204(f).................  July 24, 1973.
Consolidated Food Inc................  Aurora.................  205(f).................  May 9, 1973.
----------------------------------------------------------------------------------------------------------------
                                                   lake county
----------------------------------------------------------------------------------------------------------------
Morton Manufacturing Co..............  Libertyville...........  205(f).................  Aug. 27, 1973.
----------------------------------------------------------------------------------------------------------------
                                                 la salle county
----------------------------------------------------------------------------------------------------------------
Allied Mills Inc.....................  Mendota................  204(c).................  May 28, 1973.
----------------------------------------------------------------------------------------------------------------
                                                 madison county
----------------------------------------------------------------------------------------------------------------
Clark Oil & Refining Corp............  Hartford...............  204(f).................  Feb. 22, 1973.
Granite City Steel Co................  Granite City...........  203(d)(6)..............  Apr. 25, 1972.
 (a) Coke oven pushing operations....  .......................  .......................  as amended.
 (b) Charging operations.............  .......................  .......................  May 21, 1973.
Illinois Power Company (Wood River     E. Alton...............  204(c).................  May 1, 1973.
 Boiler No. 5).
Owens-Illinois Inc...................  Madison................  204(c).................  May 2, 1973.
Owen-Illinois Inc. (No. 2 Powerhouse)  Alton..................  204(c).................  Mar. 30, 1973.
Shell Oil Co. (Cat. Cracker Units      Roxana.................  203(b).................  Nov. 27, 1972.
 Nos. 1, 2).
----------------------------------------------------------------------------------------------------------------
                                                 randolf county
----------------------------------------------------------------------------------------------------------------
Chester Dairy Co.....................  Chester................  204(c).................  Aug. 6, 1973.
----------------------------------------------------------------------------------------------------------------
                                                st. clair county
----------------------------------------------------------------------------------------------------------------
Lock Stove Co........................  East St. Louis.........  205(b).................  June 11, 1973.
----------------------------------------------------------------------------------------------------------------
                                                 tazewell county
----------------------------------------------------------------------------------------------------------------
Quaker Oats Co.......................  Pekin..................  204(c).................  May 24, 1973.
----------------------------------------------------------------------------------------------------------------
                                                vermillion county
----------------------------------------------------------------------------------------------------------------
Lauhoff Grain Co.....................  Danville...............  204(c).................  Mar. 31, 1973.
----------------------------------------------------------------------------------------------------------------


[38 FR 16145, June 20, 1973, as amended at 38 FR 22742, Aug. 23, 1973; 
38 FR 24342, Sept. 7, 1973; 39 FR 28155, Aug. 5, 1974; 51 FR 40675, 
40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 1989]

[[Page 586]]



Sec. 52.731  Section 110(a)(2) infrastructure requirements.

    (a) Approval. In a December 12, 2007 submittal, Illinois certified 
that the State has satisfied the infrastructure SIP requirements of 
section 110(a)(2)(A) through (C), (D)(ii), (E) through (H), and (J) 
through (M) for the 1997 8-hour ozone NAAQS. Illinois continues to 
implement the Federally promulgated rules for the prevention of 
significant deterioration as they pertain to section 110(a)(2)(C) and 
(J).
    (b) Approval. In a December 12, 2007 submittal, Illinois certified 
that the State has satisfied the infrastructure SIP requirements of 
section 110(a)(2)(A) through (C), (D)(ii), (E) through (H), and (J) 
through (M) for the 1997 PM2.5 NAAQS. Illinois continues to 
implement the Federally promulgated rules for the prevention of 
significant deterioration as they pertain to section 110(a)(2)(C) and 
(J).

[76 FR 41084, July 13, 2011. Redesignated at 77 FR 10334, Feb. 21, 2012]



Sec. 52.732  Interstate pollutant transport provisions; What are the FIP 

requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each source and each unit located in 
the State of Illinois and for which requirements are set forth under the 
TR SO2 Group 1 Trading Program in subpart CCCCC of part 97 of 
this chapter must comply with such requirements. The obligation to 
comply with such requirements will be eliminated by the promulgation of 
an approval by the Administrator of a revision to Illinois' State 
Implementation Plan (SIP) as correcting the SIP's deficiency that is the 
basis for the TR Federal Implementation Plan under Sec. 52.39, except 
to the extent the Administrator's approval is partial or conditional.
    (b) Notwithstanding the provisions of paragraph (a) of this section, 
if, at the time of the approval of Illinois' SIP revision described in 
paragraph (a) of this section, the Administrator has already started 
recording any allocations of TR SO2 Group 1 allowances under 
subpart CCCCC of part 97 of this chapter to units in the State for a 
control period in any year, the provisions of subpart CCCCC of part 97 
of this chapter authorizing the Administrator to complete the allocation 
and recordation of TR SO2 Group 1 allowances to units in the 
State for each such control period shall continue to apply, unless 
provided otherwise by such approval of the State's SIP revision.

[76 FR 48364, Aug. 8, 2011. Redesignated at 77 FR 10334, Feb. 21, 2012]



Sec. Sec. 52.733-52.735  [Reserved]



Sec. 52.736  Review of new sources and modifications.

    (a) [Reserved]
    (b) The rules submitted by the State on March 24, 1988, to satisfy 
the requirements of the Clean Air Act are approved. These rules are part 
203: Major Stationary Sources Construction and Modification as effective 
March 22, 1991. The moratorium on construction and modification of new 
sources in nonattainment areas as provided in section 110(a)(2)(I) of 
the Clean Air Act is revoked.

[57 FR 59935, Dec. 17, 1992]



Sec. 52.737  Operating permits.

    Emission limitation and other provisions contained in operating 
permits issued by the State in accordance with the provisions of the 
federally approved permit program shall be the applicable requirements 
of the federally approved Illinois SIP for the purpose of section 113 of 
the Clean Air Act and shall be enforceable by USEPA and by any person in 
the same manner as other requirements of the SIP. USEPA reserves the 
right to deem an operating permit not federally enforceable. Such a 
determination will be made according to appropriate procedures, and be 
based upon the permit, permit approval procedures or permit requirements 
which do not conform with the operating permit program requirements or 
the requirements of USEPA's underlying regulations.

[57 FR 59936, Dec. 17, 1992]



Sec. 52.738  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are

[[Page 587]]

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 Illinois.
    (c) All applications and other information required pursuant to 
Sec. 52.21 from sources located in the State of Illinois shall be 
submitted to the state agency, Illinois Environmental Protection Agency, 
1021 North Grand Avenue East, Springfield, Illinois 62794.

[45 FR 52741, Aug. 7, 1980, as amended at 46 FR 9584, Jan. 29, 1981; 68 
FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003; 75 FR 55275, Sept. 
10, 2010]



Sec. 52.739  Permit fees.

    (a) The requirements of section 110(a)(2)(K) of the Clean Air Act as 
amended in 1977 are not met since the state has not submitted to EPA, as 
a part of its State Implementation Plan, provisions for a permit fee 
system.

[46 FR 23237, Apr. 24, 1981]



Sec. 52.740  Interstate pollution.

    (a) The requirements of section 126(a)(2) of the Clean Air Act as 
amended in 1977 are not met since the state has not submitted to EPA, as 
a part of its State Implementation Plan, the procedures on which the 
state is relying to notify nearby states of any proposed major 
stationary source which may significantly contribute to levels of air 
pollution in excess of the National Ambient Air Quality Standards in 
that state.

[46 FR 23237, Apr. 24, 1981]



Sec. 52.741  Control strategy: Ozone control measures for Cook, DuPage, Kane, 

Lake, McHenry and Will Counties.

    (a) General Provisions--(1) Abbreviations and conversion factors. 
(i) The following abbreviations are used in Sec. 52.741:

ASTM American Society for Testing and Materials
bbl barrels (42 gallons)
[deg]C degrees Celsius or centigrade
cm centimeters
cu in. cubic inches
[deg]F degrees Fahrenheit
FIP Federal implementation plan
ft feet
ft\2\ square feet
g grams
gpm gallons per minute
g/mole grams per mole
gal gallons
hr hours
in inches
K degrees Kelvin
kcal kilocalories
kg kilograms
kg/hr kilograms per hour
kPa kilopascals; one thousand newtons per square meter
l liters
l/sec liters per second
lbs pounds
lbs/hr pounds per hour
lbs/gal pounds per gallon
LEL lower explosive limit
m meters
m\2\ square meters
m\3\ cubmic meters
mg milligrams
Mg Megagrams, metric tons or tonnes
ml milliliters
min minutes
MJ megajoules
mm Hg millimeters of mercury
ppm parts per million
ppmv parts per million by volume
psi pounds per square inch
psia pounds per square inch absolute
psig pounds per square inch gauge
scf standard cubic feet
scm standard cubic meters
sec seconds
SIP State implementation plan
sq cm square centimeters
sq in square inches
USEPA United States Environmental Protection Agency
VOC volatile organic compounds
VOL volatile organic liquids
VOM volatile organic materials

    (ii) The following conversion factors are used in Sec. 52.741.

 
              English                               Metric
 
1 gal                                3.785 l.
1,000 gal                            3,785 l or 3.785 m\3\.
1 psia                               6.897 kPa (51.71 mm Hg).
2.205 lbs                            1 kg.
1 bbl                                159.0 l.
1 cu in                              16.39 ml.
1 lb/gal                             119,800 mg/l.
1 ton                                0.907 Mg.
 

    (2) Applicability. (i) Any source that received a stay, as indicated 
in Sec. 218.103(a)(2), remains subject to the

[[Page 588]]

stay if still in effect, or (if the stay is no longer in effect) the 
federally-promulgated or federally-approved rule applicable to such 
source.
    (ii)(A) Effective November 20, 1996 Illinois Administrative Code 
Title 35: Environmental Protection, Subtitle B: Air pollution, Chapter 
I: Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources, Part 211: Definitions and General 
Provisions, and Part 218: Organic Material Emission Standards and 
Limitations for the Chicago Area replace the requirements of 40 CFR 
52.741 Control strategy: Ozone control measures for Cook, DuPage, Kane, 
Lake, McHenry and Will County as the federally enforceable control 
measures in these counties for the major non-Control Technique Guideline 
(CTG) sources in the Chicago area, previously subject to paragraph u, v, 
w, or x because of the applicability criteria in these paragraphs.
    (B) In accordance with Sec. 218.101(b), for the major non-CTG 
sources subject to paragraphs u, v, w, or x because of the applicability 
criteria of those paragraphs, the requirements of paragraphs u, v, w, 
and x, and the recordkeeping requirements in paragraph y and any related 
parts of Sec. 52.741 necessary to implement these paragraphs 
(including, but not limited to, those paragraphs containing test methods 
and definitions), shall remain in effect and are enforceable after 
November 20, 1996 for the period from July 30, 1990 until November 20, 
1996.
    (iii)(A) Except as provided in paragraphs (a)(2) (i) and (ii) of 
this section, effective October 11, 1994, Illinois Administrative Code 
Title 35: Environmental Protection, Subtitle B: Air pollution, Chapter 
I: Pollution Control Board, Subchapter c: Emissions Standards and 
Limitations for Stationary Sources, Part 211: Definitions and General 
Provisions, and Part 218: Organic Material Emission Standards and 
Limitations for the Chicago Area replace the requirements of this Sec. 
52.741 Control strategy: Ozone control measures for Cook, DuPage, Kane, 
Lake, McHenry and Will County as the federally enforceable control 
measures in these counties.
    (B) In accordance with Sec. 218.101(b), the requirements of Sec. 
52.741 shall remain in effect and are enforceable after October 11, 
1994, for the period from July 30, 1990, to October 11, 1994.
    (3) Definitions. The following terms are defined for the purpose of 
Sec. 52.741.

    Note: The Federal definitions supersede the State definitions for 
these terms, which were previously approved by USEPA as part of the SIP. 
The federally approved definitions for all other terms remain in effect 
and applicable to these Federal rules.

    Accelacota means a pharmaceutical coating operation which consists 
of a horizontally rotating perforated drum in which tablets are placed, 
a coating is applied by spraying, and the coating is dried by the flow 
of air across the drum through the perforations.
    Accumulator means the reservoir of a condensing unit receiving the 
condensate from a surface condenser.
    Actual emissions means the actual quantity of VOM emissions from an 
emission source during a particular time period.
    Adhesive means any substance or mixture of substances intended to 
serve as a joining compound.
    Administrator means the Administrator of the USEPA or that person's 
designee.
    Afterburner means a control device in which materials in gaseous 
effluent are combusted.
    Air contaminant means any solid, liquid, or gaseous matter, any 
odor, or any form of energy, that is capable of being released into the 
atmosphere from an emission source.
    Air dried coatings means any coatings that dry by use of air or 
forced air at temperatures up to 363.15 K (194 [deg]F).
    Air pollution means the presence in the atmosphere of one or more 
air contaminants in sufficient quantities and of such characteristics 
and duration as to be injurious to human, plant, or animal life, to 
health, or to property, or to unreasonably interfere with the enjoyment 
of life or property.
    Air pollution control equipment means any equipment or facility of a 
type intended to eliminate, prevent, reduce or control the emission of 
specified air contaminants to the atmosphere.
    Air suspension coater/dryer means a pharmaceutical coating operation

[[Page 589]]

which consists of vertical chambers in which tablets or particles are 
placed, and a coating is applied and then dried while the tablets or 
particles are kept in a fluidized state by the passage of air upward 
through the chambers.
    Air-assisted airless spray means a spray coating method which 
combines compressed air with hydraulic pressure to atomize the coating 
material into finer droplets than is achieved with pure airless spray. 
Lower hydraulic pressure is used than with airless spray.
    Airless spray means a spray coating method in which the coating is 
atomized by forcing it through a small opening at high pressure. The 
coating liquid is not mixed with air before exiting from the nozzle.
    Allowable emissions means the quantity of VOM emissions during a 
particular time period from a stationary source calculated using the 
maximum rated capacity of the source (unless restricted by federally 
enforceable limitations on operating rate, hours of operation, or both) 
and the most stringent of:
    (A) The applicable standards in 40 CFR parts 60 and 61:
    (B) The applicable implementation plan; or
    (C) A federally enforceable permit.
    Ambient air quality standards means those standards designed to 
protect the public health and welfare codified in 40 CFR part 50 and 
promulgated from time to time by the USEPA pursuant to authority 
contained in Section 108 of the Clean Air Act, 42 U.S.C. 7401 et seq., 
as amended from time to time.
    Applicator means a device used in a coating line to apply coating.
    As applied means the exact formulation of a coating during 
application on or impregnation into a substrate.
    Asphalt means the dark-brown to black cementitious material (solid, 
semisolid, or liquid in consistency) of which the main constituents are 
bitumens which occur naturally or as a residue of petroleum refining.
    Automobile means a motor vehicle capable of carrying no more than 12 
passengers.
    Automobile or light-duty truck assembly plant means a facility where 
parts are assembled or finished for eventual inclusion into a finished 
automobile or light-duty truck ready for sale to vehicle dealers, but 
not including customizers, body shops, and other repainters.
    Automobile or light-duty truck refinishing means the repainting of 
used automobiles and light-duty trucks.
    Baked coatings means any coating which is cured or dried in an oven 
where the oven air temperature exceeds 90 [deg]C (194 [deg]F).
    Binders means organic materials and resins which do not contain 
VOM's.
    Bituminous coatings means black or brownish coating materials which 
are soluble in carbon disulfide, which consist mainly of hydrocarbons, 
and which are obtained from natural deposits or as residues from the 
distillation of crude oils or of low grades of coal.
    Brush or wipe coating means a manual method of applying a coating 
using a brush, cloth, or similar object.
    Bulk gasoline plant means a gasoline storage and distribution 
facility with an average throughput of 76,000 l (20,000 gal) or less on 
a 30-day rolling average that distributes gasoline to gasoline 
dispensing facilities.
    Can means any metal container, with or without a top, cover, spout 
or handles, into which solid or liquid materials are packaged.
    Can coating means any coating applied on a single walled container 
that is manufactured from metal sheets thinner than 29 gauge (0.0141 
in.).
    Can coating facility means a facility that includes one or more can 
coating line(s).
    Can coating line means a coating line in which any protective, 
decorative, or functional coating is applied onto the surface of cans or 
can components.
    Capture means the containment or recovery of emissions from a 
process for direction into a duct which may be exhausted through a stack 
or sent to a control device. The overall abatement of emissions from a 
process with an add-on control device is a function both of the capture 
efficiency and of the control device.
    Capture device means a hood, enclosed room floor sweep or other 
means of collecting solvent or other pollutants into a duct. The 
pollutant can then be directed to a pollution control device

[[Page 590]]

such as an afterburner or carbon adsorber. Sometimes the term is used 
loosely to include the control device.
    Capture efficiency means the fraction of all VOM generated by a 
process that are directed to an abatement or recovery device.
    Capture system means all equipment (including, but not limited to, 
hoods, ducts, fans, ovens, dryers, etc.) used to contain, collect and 
transport an air pollutant to a control device.
    Clean Air Act means the Clean Air Act of 1963, as amended, including 
the Clean Air Act Amendments of 1977, (42 U.S.C. 7401 et seq.).
    Clear coating means coatings that lack color and opacity or are 
transparent using the undercoat as a reflectant base or undertone color.
    Clear topcoat means the final coating which contains binders, but 
not opaque pigments, and is specifically formulated to form a 
transparent or translucent solid protective film.
    Closed vent system means a system that is not open to the atmosphere 
and is composed of piping, connections, and, if necessary, flow inducing 
devices that transport gas or vapor from an emission source to a control 
device.
    Coating means a material applied onto or impregnated into a 
substrate for protective, decorative, or functional purposes. Such 
materials include, but are not limited to, paints, varnishes, sealers, 
adhesives, thinners, diluents, and inks.
    Coating applicator means equipment used to apply a coating.
    Coating line means an operation consisting of a series of one or 
more coating applicators and any associated flash-off areas, drying 
areas, and ovens wherein a surface coating is applied, dried, or cured. 
(It is not necessary for an operation to have an oven, or flash-off 
area, or drying area to be included in this definition.)
    Coating plant means any plant that contains one or more coating 
line(s).
    Coil means any flat metal sheet or strip that is rolled or wound in 
concentric rings.
    Coil coating means any coating applied on any flat metal sheet or 
strip that comes in rolls or coils.
    Coil coating facility means a facility that includes one or more 
coil coating line(s).
    Coil coating line means a coating line in which any protective, 
decorative or functional coating is applied onto the surface of flat 
metal sheets, strips, rolls, or coils for industrial or commercial use.
    Cold cleaning means the process of cleaning and removing soils from 
surfaces by spraying, brushing, flushing, or immersion while maintaining 
the organic solvent below its boiling point. Wipe cleaning is not 
included in this definition.
    Component means, with respect to synthetic organic chemical and 
polymer manufacturing equipment, and petroleum refining and related 
industries, any piece of equipment which has the potential to leak VOM 
including, but not limited to, pump seals, compressor seals, seal oil 
degassing vents, pipeline valves, pressure relief devices, process 
drains, and open ended pipes. This definition excludes valves which are 
not externally regulated, flanges, and equipment in heavy liquid 
service. For purposes of paragraph (i) of this section, this definition 
also excludes bleed ports of gear pumps in polymer service.
    Concrete curing compounds means any coating applied to freshly 
poured concrete to retard the evaporation of water.
    Condensate means volatile organic liquid separated from its 
associated gases, which condenses due to changes in the temperature or 
pressure and remains liquid at standard conditions.
    Continuous process means, with respect to polystyrene resin, a 
method of manufacture in which the styrene raw material is delivered on 
a continuous basis to the reactor in which the styrene is polymerized to 
polystyrene.
    Control device means equipment (such as an afterburner or adsorber) 
used to remove or prevent the emission of air pollutants from a 
contaminated exhaust stream.
    Control device efficiency means the ratio of pollution prevented by 
a control device and the pollution introduced to the control device, 
expressed as a percentage.

[[Page 591]]

    Conveyorized degreasing means the continuous process of cleaning and 
removing soils from surfaces utilizing either cold or vaporized 
solvents.
    Crude oil means a naturally occurring mixture which consists of 
hydrocarbons and sulfur, nitrogen, or oxygen derivatives of hydrocarbons 
and which is a liquid at standard conditions.
    Crude oil gathering means the transportation of crude oil or 
condensate after custody transfer between a production facility and a 
reception point.
    Custody transfer means the transfer of produced petroleum and/or 
condensate after processing and/or treating in the producing operations, 
from storage tanks or automatic transfer facilities to pipelines or any 
other forms of transportation.
    Daily-weighted average VOM content means the average VOM content of 
two or more coatings as applied on a coating line during any day, taking 
into account the fraction of total coating volume that each coating 
represents, as calculated with the following equation:
[GRAPHIC] [TIFF OMITTED] TC07NO91.000

Where:

VOMw=The average VOM content of two or more coatings as 
applied each day on a coating line in units of kg VOM/l (lbs VOM/gal) of 
coating (minus water and any compounds which are specifically exempted 
from the definition of VOM),
n=The number of different coatings as applied each day on a coating 
line,
Vi=The volume of each coating (minus water and any compounds 
which are specifically exempted from the definition of VOM) as applied 
each day on a coating line in units of l (gal).
Ci=The VOM content of each coating as applied each day on a 
coating line in units of kg VOM/l (lbs VOM/gal) of coating (minus water 
and any compounds which are specifically exempted from the definition of 
VOM), and
VT=The total volume of all coatings (minus water and any 
compounds which are specifically exempted from the definition of VOM) as 
applied each day on a coating line in units of l (gal).

    Day means the consecutive 24 hours beginning at 12 a.m. (midnight) 
local time.
    Degreaser means any equipment or system used in solvent cleaning.
    Delivery vessel means any tank truck or trailer equipped with a 
storage tank that is used for the transport of gasoline to a stationary 
storage tank at a gasoline dispensing facility, bulk gasoline plant, or 
bulk gasoline terminal.
    Dip coating means a method of applying coatings in which the part is 
submerged in a tank filled with the coating.
    Drum means any cylindrical metal shipping container of 13- to 110-
gallon capacity.
    Electrostatic bell or disc spray means an electrostatic spray 
coating method in which a rapidly-spinning bell- or disc-shaped 
applicator is used to create a fine mist and apply the coating with high 
transfer efficiency.
    Electrostatic spray means a spray coating method in which opposite 
electrical charges are applied to the substrate and the coating. The 
coating is attracted to the object due to the electrostatic potential 
between them.
    Emission source and source mean any facility from which VOM is 
emitted or capable of being emitted into the atmosphere.
    Enamel means a coating that cures by chemical cross-linking of its 
base resin. Enamels can be distinguished from lacquers because enamels 
are not readily resoluble in their original solvent.
    Enclose means to cover any VOL surface that is exposed to the 
atmosphere.
    End sealing compound coat means a compound applied to can ends which 
functions as a gasket when the end is assembled onto the can.
    Excessive release means a discharge of more than 295 g (0.65 lbs) of 
mercaptans and/or hydrogen sulfide into the atmosphere in any 5-minute 
period.
    Exterior base coat means a coating applied to the exterior of a can 
body, or flat sheet to provide protection to the metal or to provide 
background for any lithographic or printing operation.
    Exterior end coat means a coating applied to the exterior end of a 
can to provide protection to the metal.

[[Page 592]]

    External-floating roof means a cover over an open top storage tank 
consisting of a double deck or pontoon single deck which rests upon and 
is supported by the volatile organic liquid being contained and is 
equipped with a closure seal or seals to close the space between the 
roof edge and tank shell.
    Extreme environmental conditions means exposure to any or all of the 
following: ambient weather conditions; temperatures consistently above 
95 [deg]C (203 [deg]F); detergents; abrasive and scouring agents; 
solvents; or corrosive atmospheres.
    Extreme performance coating means any coating which during intended 
use is exposed to extreme environmental conditions.
    Fabric coating means any coating applied on textile fabric. Fabric 
coating includes the application of coatings by impregnation.
    Fabric coating facility means a facility that includes one or more 
fabric coating lines.
    Fabric coating line means a coating line in which any protective, 
decorative, or functional coating or reinforcing material is applied on 
or impregnated into a textile fabric.
    Federally enforceable means all limitations and conditions which are 
enforceable by the Administrator including those requirements developed 
pursuant to 40 CFR parts 60 and 61; requirements within any applicable 
implementation plan; and any permit requirements established pursuant to 
40 CFR 52.21 or under regulations approved pursuant to 40 CFR part 51 
subpart I and 40 CFR 51.166.
    Final repair coat means the repainting of any topcoat which is 
damaged during vehicle assembly.
    Firebox means the chamber or compartment of a boiler or furnace in 
which materials are burned, but not the combustion chamber or 
afterburner of an incinerator.
    Fixed-roof tank means a cylindrical shell with a permanently affixed 
roof.
    Flexographic printing means the application of words, designs, and 
pictures to a substrate by means of a roll printing technique in which 
the pattern to be applied is raised above the printing roll and the 
image carrier is made of elastomeric materials.
    Flexographic printing line means a printing line in which each roll 
printer uses a roll with raised areas for applying an image such as 
words, designs, or pictures to a substrate. The image carrier on the 
roll is made of rubber or other elastome
    Floating roof means a roof on a stationary tank, reservoir, or other 
container which moves vertically upon change in volume of the stored 
material.
    Fountain solution means the solution which is applied to the image 
plate to maintain hydrophilic properties of the non-image areas.
    Fuel combustion emission source means any furnace, boiler, or 
similar equipment used for the primary purpose of producing heat or 
power by indirect heat transfer.
    Fuel gas system means a system for collection of refinery fuel gas 
including, but not limited to, piping for collecting tail gas from 
various process units, mixing drums and controls, and distribution 
piping.
    Gas/gas method means either of two methods for determining capture 
which rely only on gas phase measurements. The first method requires 
construction of a temporary total enclosure (TTE) to ensure that all 
would-be fugitive emissions are measured. The second method uses the 
building or room which houses the facility as an enclosure. The second 
method requires that all other VOM sources within the room be shut down 
while the test is performed, but all fans and blowers within the room 
must be operated according to normal procedures.
    Gas service means that the component contains process fluid that is 
in the gaseous state at operating conditions.
    Gasoline means any petroleum distillate or petroleum distillate/
alcohol blend having a Reid vapor pressure of 27.6 kPa or greater which 
is used as a fuel for internal combustion engines.
    Gasoline dispensing facility means any site where gasoline is 
transferred from a stationary storage tank to a motor vehicle gasoline 
tank used to provide fuel to the engine of that motor vehicle.
    Gross vehicle weight means the manufacturer's gross weight rating 
for the individual vehicle.

[[Page 593]]

    Gross vehicle weight rating means the value specified by the 
manufacturer as the maximum design loaded weight of a single vehicle.
    Heated airless spray means an airless spray coating method in which 
the coating is heated just prior to application.
    Heatset means a class of web-offset lithography which requires a 
heated dryer to solidify the printing inks.
    Heatset-web-offset lithographic printing line means a lithographic 
printing line in which a blanket cylinder is used to transfer ink from a 
plate cylinder to a substrate continuously fed from a roll or an 
extension process and an oven is used to solidify the printing inks.
    Heavy liquid means liquid with a true vapor pressure of less than 
0.3 kPa (0.04 psi) at 294.3 K (70 [deg]F) established in a standard 
reference text or as determined by ASTM method D2879-86 (incorporated by 
reference as specified in 40 CFR 52.742); or which has 0.1 Reid Vapor 
Pressure as determined by ASTM method D323-82 (incorporated by reference 
as specified in 40 CFR 52.742); or which when distilled requires a 
temperature of 421.95 K (300 [deg]F) or greater to recover 10 percent of 
the liquid as determined by ASTM method D86-82 (incorporated by 
reference as specified in 40 CFR 52.742).
    Heavy off-highway vehicle products means, for the purpose of 
paragraph (e) of this section, heavy construction, mining, farming, or 
material handling equipment; heavy industrial engines; diesel-electric 
locomotives and associated power generation equipment; and the 
components of such equipment or engines.
    Heavy off-highway vehicle products coating facility means a facility 
that includes one or more heavy off-highway vehicle products coating 
line(s).
    Heavy off-highway vehicle products coating line means a coating line 
in which any protective, decorative, or functional coating is applied 
onto the surface of heavy off-highway vehicle products.
    High temperature aluminum coating means a coating that is certified 
to withstand a temperature of 537.8 [deg]C (1000 [deg]F) for 24 hours.
    Hood means a partial enclosure or canopy for capturing and 
exhausting, by means of a draft, the organic vapors or other fumes 
rising from a coating process or other source.
    Hood capture efficiency means the emissions from a process which are 
captured by the hood and directed into a control device, expressed as a 
percentage of all emissions.
    Hot well means the reservoir of a condensing unit receiving the 
condensate from a barometric condenser.
    Hour means a block period of 60 minutes (e.g., 1 a.m. to 2 a.m.).
    In vacuum service means, for the purpose of paragraph (i) of this 
section, equipment which is operating at an internal pressure that is at 
least 5 kPa (0.73 psia) below ambient pressure.
    In-process tank means a container used for mixing, blending, 
heating, reacting, holding, crystallizing, evaporating or cleaning 
operations in the manufacture of pharmaceuticals.
    Incinerator means a combustion apparatus in which refuse is burned.
    Indirect heat transfer means transfer of heat in such a way that the 
source of heat does not come into direct contact with process materials.
    Ink means a coating used in printing, impressing, or transferring an 
image onto a substrate.
    Interior body spray coat means a coating applied by spray to the 
interior of a can body.
    Internal-floating roof means a cover or roof in a fixed-roof tank 
which rests upon and is supported by the volatile organic liquid being 
contained and is equipped with a closure seal or seals to close the 
space between the roof edge and tank shell.
    Lacquers means any clear wood finishes formulated with 
nitrocellulose or synthetic resins to dry by evaporation without 
chemical reaction, including clear lacquer sanding sealers.
    Large appliance means any residential and commercial washers, 
dryers, ranges, refrigerators, freezers, water heaters, dish washers, 
trash compactors, air conditioners, and other similar products.
    Large appliance coating means any coating applied to the component 
metal parts (including, but not limited to, doors, cases, lids, panels, 
and interior support parts) of residential and

[[Page 594]]

commercial washers, dryers, ranges, refrigerators, freezers, water 
heaters, dish washers, trash compactors, air conditioners, and other 
similar products.
    Large appliance coating facility means a facility that includes one 
or more large appliance coating line(s).
    Large appliance coating line means a coating line in which any 
protective, decorative, or functional coating is applied onto the 
surface of large appliances.
    Light liquid means VOM in the liquid state which is not defined as 
heavy liquid.
    Light-duty truck means any motor vehicle rated at 3,850 kg gross 
vehicle weight or less, designed mainly to transport property.
    Liquid/gas method means either of two methods for determining 
capture which require both gas phase and liquid phase measurements and 
analysis. The first method requires construction of a TTE. The second 
method uses the building or room which houses the facility as an 
enclosure. The second method requires that all other VOM sources within 
the room be shut down while the test is performed, but all fans and 
blowers within the room must be operated according to normal procedures.
    Liquid service means that the equipment or component contains 
process fluid that is in a liquid state at operating conditions.
    Lithographic printing line means a printing line, except that the 
substrate is not necessarily fed from an unwinding roll, in which each 
roll printer uses a roll where both the image and non-image areas are 
essentially in the same plane (planographic).
    Magnet wire means aluminum or copper wire formed into an 
electromagnetic coil.
    Magnet wire coating means any coating or electrically insulating 
varnish or enamel applied to magnet wire.
    Magnet wire coating facility means a facility that includes one or 
more magnet wire coating line(s).
    Magnet wire coating line means a coating line in which any 
protective, decorative, or functional coating is applied onto the 
surface of a magnet wire.
    Malfunction means any sudden and unavoidable failure of air 
pollution control equipment, process equipment, or a process to operate 
in a normal or usual manner. Failures that are caused entirely or in 
part by poor maintenance, careless operation, or any other preventable 
upset condition or preventable equipment breakdown shall not be 
considered malfunctions.
    Manufacturing process means a method whereby a process emission 
source or series of process emission sources is used to convert raw 
materials, feed stocks, subassemblies, or other components into a 
product, either for sale or for use as a component in a subsequent 
manufacturing process.
    Maximum theoretical emissions means the quantity of volatile organic 
material emissions that theoretically could be emitted by a stationary 
source before add-on controls based on the design capacity or maximum 
production capacity of the source and 8760 hours per year. The design 
capacity or maximum production capacity includes use of coating(s) or 
ink(s) with the highest volatile organic material content actually used 
in practice by the source.
    Metal furniture means a furniture piece including, but not limited 
to, tables, chairs, waste baskets, beds, desks, lockers, benches, 
shelving, file cabinets, lamps, and room dividers.
    Metal furniture coating means any non-adhesive coating applied to 
any furniture piece made of metal or any metal part which is or will be 
assembled with other metal, wood, fabric, plastic or glass parts to form 
a furniture piece including, but not limited to, tables, chairs, waste 
baskets, beds, desks, lockers, benches, shelving, file cabinets, lamps, 
and room dividers. This definition shall not apply to any coating line 
coating miscellaneous metal parts or products.
    Metal furniture coating facility means a facility that includes one 
or more metal furniture coating line(s).
    Metal furniture coating line means a coating line in which any 
protective, decorative, or functional coating is applied onto the 
surface of metal furniture.
    Metallic shoe-type seal means a primary or secondary seal 
constructed of metal sheets (shoes) which are joined together to form a 
ring, springs, or levers which attach the shoes to the

[[Page 595]]

floating roof and hold the shoes against the tank wall, and a coated 
fabric which is suspended from the shoes to the floating roof.
    Miscellaneous fabricated product manufacturing process means:
    (A) A manufacturing process involving one or more of the following 
applications, including any drying and curing of formulations, and 
capable of emitting VOM:
    (1) Adhesives to fabricate or assemble components or products.
    (2) Asphalt solutions to paper or fiberboard.
    (3) Asphalt to paper or felt.
    (4) Coatings or dye to leather.
    (5) Coatings to plastic.
    (6) Coatings to rubber or glass.
    (7) Disinfectant material to manufactured items.
    (8) Plastic foam scrap or ``fluff'' from the manufacture of foam 
containers and packaging material to form resin pallets.
    (9) Resin solutions to fiber substances.
    (10) Viscose solutions for food casings.
    (B) The storage and handling of formulations associated with the 
process described above, and the use and handling of organic liquids and 
other substances for clean-up operations associated with the process 
described in this definition.
    Miscellaneous formulation manufacturing process means:
    (A) A manufacturing process which compounds one or more of the 
following and is capable of emitting VOM:
    (1) Adhesives.
    (2) Asphalt solutions.
    (3) Caulks, sealants, or waterproofing agents.
    (4) Coatings, other than paint and ink.
    (5) Concrete curing compounds.
    (6) Dyes.
    (7) Friction materials and compounds.
    (8) Resin solutions.
    (9) Rubber solutions.
    (10) Viscose solutions.
    (B) The storage and handling of formulations associated with the 
process described above, and the use and handling of organic liquids and 
other substances for clean-up operations associated with the process 
described in this definition.

    Miscellaneous metal parts or products means any metal part or metal 
product, even if attached to or combined with a nonmental part or 
product, except cans, coils, metal furniture, large appliances, magnet 
wire, automobiles, ships, and airplane bodies.
    Miscellaneous metal parts and products coating means any coating 
applied to any metal part or metal product, even if attached to or 
combined with a nonmetal part or product, except cans, coils, metal 
furniture, large appliances, and magnet wire. Prime coat, prime surfacer 
coat, topcoat, and final repair coat for automobiles and light-duty 
trucks are not miscellaneous metal parts and products coatings. However, 
underbody anti-chip (e.g., underbody plastisol) automobile, and light-
duty truck coatings are miscellaneous metal parts and products coatings. 
Also, automobile or light-duty truck refinishing coatings, coatings 
applied to the exterior of marine vessels, coatings applied to the 
exterior of airplanes, and the customized topcoating of automobiles and 
trucks if production is less than 35 vehicles per day are not 
miscellaneous metal parts and products coatings.
    Miscellaneous metal parts or products coating facility means a 
facility that includes one or more miscellaneous metal parts or products 
coating lines.
    Miscellaneous metal parts or products coating line means a coating 
line in which any protective, decorative, or functional coating is 
applied onto the surface of miscellaneous metal parts or products.
    Miscellaneous organic chemical manufacturing process means:
    (A) A manufacturing process which produces by chemical reaction, one 
or more of the following organic compounds or mixtures of organic 
compounds and which is capable of emitting VOM:
    (1) Chemicals listed in appendix A of this section.
    (2) Chlorinated and sulfonated compounds.
    (3) Cosmetic, detergent, soap, or surfactant intermediaries or 
specialties and products.
    (4) Disinfectants.

[[Page 596]]

    (5) Food additives.
    (6) Oil and petroleum product additives.
    (7) Plasticizers.
    (8) Resins or polymers.
    (9) Rubber additives.
    (10) Sweeteners.
    (11) Varnishes.
    (B) The storage and handling of formulations associated with the 
process described above and the use and handling of organic liquids and 
other substances for clean-up operations associated with the process 
described in this definition.
    Monitor means to measure and record.
    Multiple package coating means a coating made from more than one 
different ingredient which must be mixed prior to using and has a 
limited pot life due to the chemical reaction which occurs upon mixing.
    Offset means, with respect to printing and publishing operations, 
use of a blanket cylinder to transfer ink from the plate cylinder to the 
surface to be printed.
    Opaque stains means all stains that are not semi-transparent stains.
    Open top vapor depressing means the batch process of cleaning and 
removing soils from surfaces by condensing hot solvent vapor on the 
colder metal parts.
    Open-ended valve means any valve, except pressure relief devices, 
having one side of the valve in contact with process fluid and one side 
open to the atmosphere, either directly or through open piping.
    Organic compound means any compound of carbon, excluding carbon 
monoxide, carbon dioxide, carbonic acid, metallic carbides or 
carbonates, and ammonium carbonate.
    Organic material means any chemical compound of carbon including 
diluents and thinners which are liquids at standard conditions and which 
are used as dissolvers, viscosity reducers, or cleaning agents, but 
excluding methane, carbon monoxide, carbon dioxide, carbonic acid, 
metallic carbonic acid, metallic carbide, metallic carbonates, and 
ammonium carbonate.
    Organic vapor means the gaseous phase of an organic material or a 
mixture of organic materials present in the atmosphere.
    Oven means a chamber within which heat is used for one or more of 
the following purposes: Dry, bake, cure, or polymerize a coating or ink.
    Overall control means the product of the capture efficiency and the 
control device efficiency.
    Overvarnish means a transparent coating applied directly over ink or 
coating.
    Owner or operator means any person who owns, operates, leases, 
controls, or supervises an emission source or air pollution control 
equipment.
    Packaging rotogravure printing means rotogravure printing upon 
paper, paper board, metal foil, plastic film, and other substrates, 
which are, in subsequent operations, formed into packaging products or 
labels for articles to be sold.
    Packaging rotogravure printing line means a rotogravure printing 
line in which surface coatings are applied to paper, paperboard, foil, 
film, or other substrates which are to be used to produce containers, 
packaging products, or labels for articles.
    Pail means any cylindrical metal shipping container of 1- to 12-
gallon capacity and constructed of 29-gauge and heavier metal.
    Paint manufacturing plant means a plant that mixes, blends, or 
compounds enamels, lacquers, sealers, shellacs, stains, varnishes, or 
pigmented surface coatings.
    Paper coating means any coating applied on paper, plastic film, or 
metallic foil to make certain products, including (but not limited to) 
adhesive tapes and labels, book covers, post cards, office copier paper, 
drafting paper, or pressure sensitive tapes. Paper coating includes the 
application of coatings by impregnation and/or saturation.
    Paper coating facility means a facility that includes one or more 
paper coating lines.
    Paper coating line means a coating line in which any protective, 
decorative, or functional coating is applied on, saturated into, or 
impregnated into paper, plastic film, or metallic foil to make certain 
products, including (but not limited to) adhesive tapes and labels, book 
covers, post cards, office

[[Page 597]]

copier paper, drafting paper, and pressure sensitive tapes.
    Parts per million (volume) means a volume/volume ratio which 
expresses the volumetric concentration of gaseous air contaminant in a 
million unit volume of gas.
    Person means any individual, corporation, partnership, association, 
State, municipality, political subdivision of a State; any agency, 
department, or instrumentality of the United States; and any officer, 
agent, or employee thereof.
    Petroleum means the crude oil removed from the earth and the oils 
derived from tar sands, shale, and coal.
    Petroleum refinery means any facility engaged in producing gasoline, 
kerosene, distillate fuel oils, residual fuel oils, lubricants, or other 
products through distillation of petroleum, or through redistillation, 
cracking, or reforming of unfinished petroleum derivatives.
    Pharmaceutical means any compound or mixture, other than food, used 
in the prevention, diagnosis, alleviation, treatment, or cure of disease 
in man and animal.
    Pharmaceutical coating operation means a device in which a coating 
is applied to a pharmaceutical, including air drying or curing of the 
coating.
    Pigmented coatings means opaque coatings containing binders and 
colored pigments which are formulated to conceal the wood surface either 
as an undercoat or topcoat.
    Plant means all of the pollutant-emitting activities which belong to 
the same industrial grouping, are located on one or more contiguous or 
adjacent properties, and are under the control of the same person (or 
persons under common control), except the activities of any marine 
vessel. Pollutant-emitting activities shall be considered as part of the 
same industrial grouping if they belong to the same ``Major Group'' 
(i.e., which have the same two-digit code) as described in the 
``Standard Industrial Classification Manual, 1987'' (incorporated by 
reference as specified in 40 CFR 52.742).
    Plasticizers means a substance added to a polymer composition to 
soften and add flexibility to the product.
    Prime coat means the first of two or more coatings applied to a 
surface.
    Prime surfacer coat means a coating used to touch up areas on the 
surface of automobile or light-duty truck bodies not adequately covered 
by the prime coat before application of the top coat. The prime surfacer 
coat is applied between the prime coat and topcoat. An anti-chip coating 
applied to main body parts (e.g., rocker panels, bottom of doors and 
fenders, and leading edge of roof) is a prime surfacer coat.
    Primers means any coatings formulated and applied to substrates to 
provide a firm bond between the substrate and subsequent coats.
    Printing means the application of words, designs, and pictures to a 
substrate using ink.
    Printing line means an operation consisting of a series of one or 
more roll printers and any associated roll coaters, drying areas, and 
ovens wherein one or more coatings are applied, dried, and/or cured.
    Process means any stationary emission source other than a fuel 
combustion emission source or an incinerator.
    Production equipment exhaust system means a system for collecting 
and directing into the atmosphere emissions of volatile organic material 
from reactors, centrifuges, and other process emission sources.
    Publication rotogravure printing line means a rotogravure printing 
line in which coatings are applied to paper which is subsequently formed 
into books, magazines, catalogues, brochures, directories, newspaper 
supplements, or other types of printed material.
    Reactor means a vat, vessel, or other device in which chemical 
reactions take place.
    Refiner means any person who owns, leases operates, controls, or 
supervises a refinery.
    Refinery unit, process unit or unit means a set of components which 
are a part of a basic process operation such as distillation, 
hydrotreating, cracking, or reforming of hydrocarbons.
    Refrigerated condenser means a surface condenser in which the 
coolant supplied to the condenser has been cooled by a mechanical 
device, other

[[Page 598]]

than by a cooling tower or evaporative spray cooling, such as 
refrigeration unit or steam chiller unit.
    Repair coatings means coatings used to correct imperfections or 
damage to furniture surface.
    Repaired means, for the purpose of paragraph (i) of this section, 
that equipment component has been adjusted, or otherwise altered, to 
eliminate a leak.
    Roll coater means an apparatus in which a uniform layer of coating 
is applied by means of one or more rolls across the entire width of a 
moving substrate.
    Roll printer means an apparatus used in the application of words, 
designs, or pictures to a substrate, usually by means of one or more 
rolls each with only partial coverage.
    Roll printing means the application of words, designs, and pictures 
to a substrate usually by means of a series of hard rubber or metal 
rolls each with only partial coverage.
    Roller coating means a method of applying a coating to a sheet or 
strip in which the coating is transferred by a roller or series of 
rollers.
    Rotogravure printing means the application of words, designs, and 
pictures to a substrate by means of a roll printing technique in which 
the pattern to be applied is recessed relative to the non-image area.
    Rotogravure printing line means a printing line in which each roll 
printer uses a roll with recessed areas for applying an image to a 
substrate.
    Safety relief valve means a valve which is normally closed and which 
is designed to open in order to relieve excessive pressures within a 
vessel or pipe.
    Sanding sealers means any coatings formulated for and applied to 
bare wood for sanding and to seal the wood for subsequent application of 
varnish. To be considered a sanding sealer a coating must be clearly 
labelled as such.
    Sealer means a coating containing binders which seals wood prior to 
the application of the subsequent coatings.
    Semi-transparent stains means stains containing dyes or semi-
transparent pigments which are formulated to enhance wood grain and 
change the color of the surface but not to conceal the surface, 
including, but not limited to, sap stain, toner, non-grain raising 
stains, pad stain, or spatter stain.
    Set of safety relief valves means one or more safety relief valves 
designed to open in order to relieve excessive pressures in the same 
vessel or pipe.
    Sheet basecoat means a coating applied to metal when the metal is in 
sheet form to serve as either the exterior or interior of a can for 
either two-piece or three-piece cans.
    Side-seam spray coat means a coating applied to the seam of a three-
piece can.
    Single coat means one coating application applied to a metal 
surface.
    Solvent means a liquid substance that is used to dissolve or dilute 
another substance.
    Solvent cleaning means the process of cleaning soils from surfaces 
by cold cleaning, open top vapor degreasing, or conveyorized degreasing.
    Specified air contaminant means any air contaminant as to which this 
Section contains emission standards or other specific limitations.
    Splash loading means a method of loading a tank, railroad tank car, 
tank truck, or trailer by use of other than a submerged loading pipe.
    Standard conditions means a temperature of 70 [deg]F and a pressure 
of 14.7 psia.
    Standard cubic foot (scf) means the volume of one cubic foot of gas 
at standard conditions.
    Standard Industrial Classification Manual means the Standard 
Industrial Classification Manual (1987), Superintendent of Documents, 
U.S. Government Printing Office, Washington, DC 20402 (incorporated by 
reference as specified in 40 CFR 52.742).
    Start-up means the setting in operation of an emission source for 
any purpose.
    Stationary emission source and Stationary source mean an emission 
source which is not self-propelled.
    Storage tank or storage vessel means any stationary tank, reservoir 
or container used for the storage of VOL's.
    Submerged loading pipe means any discharge pipe or nozzle which 
meets either of the following conditions:
    (A) Where the tank is filled from the top, the end of the discharge 
pipe or

[[Page 599]]

nozzle must be totally submerged when the liquid level is 15 cm (6 in.) 
above the bottom of the tank.
    (B) Where the tank is filled from the side, the discharge pipe or 
nozzle must be totally submerged when the liquid level is 46 cm (18 in.) 
above the bottom of the tank.
    Substrate means the surface onto which a coating is applied or into 
which a coating is impregnated.
    Surface condenser means a device which removes a substance from a 
gas stream by reducing the temperature of the stream, without direct 
contact between the coolant and the stream.
    Tablet coating operation means a pharmaceutical coating operation in 
which tablets are coated.
    Thirty-day rolling average means any value arithmetically averaged 
over any consecutive thirty-days.
    Three-piece can means a can which is made from a rectangular sheet 
and two circular ends.
    Topcoat means a coating applied in a multiple coat operation other 
than prime coat, final repair coat, or prime surfacer coat.
    Topcoat operation means all topcoat spray booths, flash-off areas, 
and bake ovens at a facility which are used to apply, dry, or cure the 
final coatings (except final off-line repair) on components of 
automobile or light-duty truck bodies.
    Transfer efficiency means the ratio of the amount of coating solids 
deposited onto a part or product to the total amount of coating solids 
used.
    True vapor pressure means the equilibrium partial pressure exerted 
by a volatile organic liquid as determined in accordance with methods 
described in American Petroleum Institute Bulletin 2517, ``Evaporation 
Loss From Floating Roof Tanks,'' second edition, February 1980 
(incorporated by reference as specified in 40 CFR 52.742).
    Two-piece can means a can which is drawn from a shallow cup and 
requires only one end to be attached.
    Undercoaters means any coatings formulated for and applied to 
substrates to provide a smooth surface for subsequent coats.
    Unregulated safety relief valve means a safety relief valve which 
cannot be actuated by a means other than high pressure in the pipe or 
vessel which it protects.
    Vacuum producing system means any reciprocating, rotary, or 
centrifugal blower or compressor or any jet ejector or device that 
creates suction from a pressure below atmospheric and discharges against 
a greater pressure.
    Valves not externally regulated means valves that have no external 
controls, such as in-line check valves.
    Vapor balance system means any combination of pipes or hoses which 
creates a closed system between the vapor spaces of an unloading tank 
and a receiving tank such that vapors displaced from the receiving tank 
are transferred to the tank being unloaded.
    Vapor collection system means all piping, seals, hoses, connections, 
pressure-vacuum vents, and other possible sources between the gasoline 
delivery vessel and the vapor processing unit and/or the storage tanks 
and vapor holder.
    Vapor control system means any system that limits or prevents 
release to the atmosphere of organic material in the vapors displaced 
from a tank during the transfer of gasoline.
    Vapor recovery system means a vapor gathering system capable of 
collecting all VOM vapors and gases discharged from the storage tank and 
a vapor disposal system capable of processing such VOM vapors and gases 
so as to prevent their emission to the atmosphere.
    Vehicle means a device by which any person or property may be 
propelled, moved, or drawn upon a highway, excepting a device moved 
exclusively by human power or used exclusively upon stationary rails or 
tracks.
    Vinyl coating means any topcoat or printing ink applied to vinyl 
coated fabric or vinyl sheets. Vinyl coating does not include 
plastisols.
    Vinyl coating facility means a facility that includes one or more 
vinyl coating line(s).
    Vinyl coating line means a coating line in which any protective, 
decorative or functional coating is applied onto vinyl coated fabric or 
vinyl sheets.

[[Page 600]]

    Volatile organic liquid means any substance which is liquid at 
storage conditions and which contains volatile organic compounds.
    Volatile organic material (VOM) or volatile organic compounds (VOC) 
is as defined in Sec. 51.100(s) of this chapter.
    Wash coat means a coating containing binders which seals wood 
surfaces, prevents undesired staining, and controls penetration.
    Web means a substrate which is printed in continuous roll-fed 
presses.
    Wood furniture means room furnishings including cabinets (kitchen, 
bath, and vanity), tables, chairs, beds, sofas, shutters, art objects, 
wood paneling, wood flooring, and any other coated furnishings made of 
wood, wood composition, or fabricated wood materials.
    Wood furniture coating facility means a facility that includes one 
or more wood furniture coating line(s).
    Wood furniture coating line means a coating line in which any 
protective, decorative, or functional coating is applied onto wood 
furniture.
    Woodworking means the shaping, sawing, grinding, smoothing, 
polishing, and making into products of any form or shape of wood.
    (4) Testing methods and procedures--(i) Coatings, inks and fountain 
solutions. The following test methods and procedures shall be used to 
determine compliance of as applied coatings, inks, and fountain 
solutions with the limitations set forth in Sec. 52.741.
    (A) Sampling. Samples collected for analyses shall be one-liter 
taken into a one-liter container at a location and time such that the 
sample will be representative of the coating as applied (i.e., the 
sample shall include any dilution solvent or other VOM added during the 
manufacturing process). The container must be tightly sealed immediately 
after the sample is taken. Any solvent or other VOM added after the 
sample is taken must be measured and accounted for in the calculations 
in paragraph (a)(4)(i)(C) of this section. For multiple package 
coatings, separate samples of each component shall be obtained. A mixed 
sample shall not be obtained as it will cure in the container. Sampling 
procedures shall follow the guidelines presented in:
    (1) ASTM D3925-81 (Reapproved 1985) Standard Practice for Sampling 
Liquid Paints and Related Pigment Coating. This practice is incorporated 
by reference as specified in 40 CFR 52.742.
    (2) ASTM E300-86 Standard Practice for Sampling Industrial 
Chemicals. This practice is incorporated by reference as specified in 40 
CFR 52.742.
    (B) Analyses. The applicable analytical methods specified below 
shall be used to determine the composition of coatings, inks, or 
fountain solutions as applied.
    (1) Method 24 of 40 CFR part 60, appendix A, shall be used to 
determine the VOM content and density of coatings. If it is demonstrated 
to the satisfaction of the Administrator that plant coating formulation 
data are equivalent to Method 24 results, formulation data may be used. 
In the event of any inconsistency between a Method 24 test and a 
facility's formulation data, the Method 24 test will govern.
    (2) Method 24A of 40 CFR part 60, appendix A, shall be used to 
determine the VOM content and density of rotogravure printing inks and 
related coatings. If it is demonstrated to the satisfaction of the 
Administrator that the plant coating formulation data are equivalent to 
Method 24A results, formulation data may be used. In the event of any 
inconsistency between a Method 24A test and a facility's formulation 
data, the Method 24A test will govern.
    (3) The following ASTM methods are the analytical procedures for 
determining VOM:
    (i) ASTM D1475-85: Standard Test Method for Density of Paint, 
Varnish, Lacquer and Related Products. This test method is incorporated 
by reference as specified in 40 CFR 52.742.
    (ii) ASTM D2369-87: Standard Test Method for Volatile Content of 
Coatings. This test method is incorporated by reference as specified in 
40 CFR 52.742.
    (iii) ASTM D3792-86: Standard Test Method for Water Content of 
Water-reducible Paints by Direct Injection into a Gas Chromatograph. 
This test method is incorporated by reference as specified in 40 CFR 
52.742.
    (iv) ASTM D4017-81 (Reapproved 1987): Standard Test Method for Water 
in

[[Page 601]]

Paints and Paint Materials by the Karl Fischer Method. This test method 
is incorporated by reference as specified in 40 CFR 52.742.
    (v) ASTM D4457-85: Standard Test Method for Determination of 
Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by 
Direct Injection into a Gas Chromatograph. (The procedure delineated 
above can be used to develop protocols for any compounds specifically 
exempted from the definition of VOM.) This test method is incorporated 
by reference as specified in 40 CFR 52.742.
    (vi) ASTM D2697-86: Standard Test Method for Volume Non-Volatile 
Matter in Clear or Pigmented Coatings. This test method is incorporated 
by reference as specified in 40 CFR 52.742.
    (vii) ASTM D3980-87: Standard Practice for Interlaboratory Testing 
of Paint and Related Materials. This practice is incorporated by 
reference as specified in 40 CFR 52.742.
    (viii) ASTM E180-85: Standard Practice for Determining the Precision 
of ASTM Methods for Analysis of and Testing of Industrial Chemicals. 
This practice is incorporated by reference as specified in 40 CFR 
52.742.
    (ix) ASTM D2372-85: Standard Method of Separation of Vehicle from 
Solvent-reducible Paints. This method is incorporated by reference as 
specified in 40 CFR 52.742.
    (4) Use of an adaptation to any of the analytical methods specified 
in paragraphs (a)(4)(i)(B)(1), (2) and (3) may be approved by the 
Administrator on a case-by-case basis. An owner or operator must submit 
sufficient documentation for the Administrator to find that the 
analytical methods specified in paragraphs (a)(4)(i)(B)(1), (2) and (3) 
will yield inaccurate results and that the proposed adaptation is 
appropriate.
    (C) Calculations. Calculations for determining the VOM content, 
water content and the content of any compounds which are specifically 
exempted from the definition of VOM of coatings, inks and fountain 
solutions as applied shall follow the guidance provided in the following 
documents.
    (1) ``A Guide for Surface Coating Calculation'' EPA-340/1-86-016 
(which is available from the National Technical Information Services, 
5285 Port Royal Road, Springfield, VA 22161)
    (2) ``Procedures for Certifying Quantity of Volatile Organic 
Compounds Emitted by Paint, Ink and Other Coatings'' (revised June 1986) 
EPA-450/3-84-019 (which is available from the National Technical 
Information Services, 5285 Port Royal Road, Springfield, VA 22161)
    (3) ``A Guide for Graphic Arts Calculations'' August 1988 EPA-340/1-
88-003 (which is available from the National Technical Information 
Services, 5285 Port Royal Road, Springfield, VA 22161)
    (ii) Automobile or light-duty truck test protocol. The protocol for 
testing, including determining the transfer efficiency, of coating 
applicators at topcoat coating operations at an automobile assembly 
facility shall follow the procedure in: ``Protocol for Determining the 
Daily Volatile Organic Compound Emission Rate of Automobile and Light-
Duty Truck Topcoat Operations'' December 1988 EPA-450/3-88-018 (which is 
available for purchase from the National Technical Information Services, 
5285 Port Royal Road, Springfield, VA 22161)
    (iii) Capture system efficiency test protocols--(A) Applicability. 
The requirements of paragraphs (a)(4)(iii)(B) of this section shall 
apply to all VOM emitting processes employing capture equipment (e.g., 
hoods, ducts), except those cases noted below.
    (1) If a source installs a permanent total enclosure (PTE) that 
meets USEPA specifications, and which directs all VOM to a control 
device, then the source is exempted from the requirements described in 
paragraph (B). The USEPA specifications to determine whether a structure 
is considered a PTE are given in Procedure T of appendix B of this 
section. In this instance, the capture efficiency is assumed to be 100 
percent and the source is still required to measure control efficiency 
using appropriate test methods as specified in (a)(4)(iv) of this 
section.
    (2) If a source uses a control device designed to collect and 
recover VOM (e.g., carbon adsorber), an explicit measurement of capture 
efficiency is

[[Page 602]]

not necessary provided that the conditions given below are met. The 
overall control of the system can be determined by directly comparing 
the input liquid VOM to the recovered liquid VOM. The general procedure 
for use in this situation is given in 40 CFR 60.433, with the following 
additional restrictions:
    (i) The source must be able to equate solvent usage with solvent 
recovery on a 24-hour (daily) basis, rather than a 30-day weighted 
average, within 72 hours following the 24-hour period. In addition, one 
of the following two criteria must be met:
    (ii) The solvent recovery system (i.e., capture and control system) 
must be dedicated to a single process line (e.g., one process line 
venting to a carbon adsorber system), or
    (iii) If the solvent recovery system controls multiple process 
lines, then the source must be able to demonstrate that the overall 
control (i.e., the total recovered solvent VOM divided by the sum of 
liquid VOM input to all process lines venting to the control system) 
meets or exceeds the most stringent standard applicable for any process 
line venting to the control system.
    (B) Specific requirements. The capture efficiency of a process line 
shall be measured using one of the four protocols given below. Any error 
margin associated with a test protocol may not be incorporated into the 
results of a capture efficiency test. If these techniques are not 
suitable for a particular process, then the source must present an 
alternative capture efficiency protocol and obtain approval for it by 
the Administrator as a SIP or FIP revisions.
    (1) Gas/gas method using temporary total enclosure (TTE). The USEPA 
specifications to determine whether a temporary enclosure is considered 
a TTE are given in Procedure T of appendix B of this section. The 
capture efficiency equation to be used for this protocol is:

CE = Gw / (GW + Fw)

Where:

CE=capture efficiency, decimal fraction.
Gw=mass of VOM captured and delivered to control device using a TTE.
Fw=mass of fugitive VOM that escapes from a TTE.


Procedure G.2 contained in appendix B of this section is used to obtain 
Gw. Procedure F.1 in appendix B of this section is used to obtain Fw.
    (2) Liquid/gas method using TTE. The USEPA specifications to 
determine whether a temporary enclosure is considered a TTE are given in 
Procedure T of appendix B of this section. The capture efficiency 
equation to be used for this protocol is:

CE = (L - F) / L

Where:

CE=capture efficiency, decimal fraction.
L=mass of liquid VOM input to process.
Fw=mass of fugitive VOM that escapes from a TTE.


Procedure L contained in appendix B of this section is used to obtain L. 
Procedure F.1 in appendix B of this section is used to obtain Fw.
    (3) Gas/gas method using the building or room (building or room 
enclosure) in which the affected source is located as the enclosure and 
in which ``F'' and ``G'' are measured while operating only the affected 
facility. All fans and blowers in the building or room must be operated 
as they would under normal production. The capture efficiency equation 
to be used for this protocol is:

CE = G / (G + FB)

Where:

CE=capture efficiency, decimal fraction.
G=mass of VOM captured and delivered to control device.
FB=mass of fugitive VOM that escapes from building enclosure.


Procedure G.2 contained in appendix B of this section is used to obtain 
G. Procedure F.2 in appendix B of this section is used to obtain 
FB.
    (4) Liquid/gas method using the building or room (building or room 
enclosure) in which the affected source is located as the enclosure and 
in which ``F'' and ``L'' are measured while operating only the affected 
facility. All fans and blowers in the building or room must be operated 
as they would under normal production. The capture efficiency equation 
to be used for this protocol is:

CE = (L - FB) / L

Where:

CE=capture efficiency, decimal fraction.

[[Page 603]]

L=mass of liquid VOM input to process.
FB=mass of fugitive VOM that escapes from building enclosure.


Procedure L contained in appendix B of this section is used to obtain L. 
Procedure F.2 in appendix B of this section is used to obtain 
FB.
    (C) Recordkeeping and reporting. (1) All affected facilities must 
maintain a copy of the capture efficiency protocol submitted to USEPA on 
file. All results of the appropriate test methods and capture efficiency 
protocols must be reported to USEPA within sixty (60) days of the test 
date. A copy of the results must be kept on file with the source for a 
period of three (3) years.
    (2) If any changes are made to capture or control equipment, then 
the source is required to notify USEPA of these changes and a new test 
may be required by USEPA.
    (3) The source must notify the Administrator 30 days prior to 
performing any capture efficiency or control test. At that time, the 
source must notify the Administrator which capture efficiency protocol 
and control device test methods will be used.
    (4) Sources utilizing a PTE must demonstrate that this enclosure 
meets the requirement given in Procedure T (in appendix B of this 
section) for a PTE during any testing of their control device.
    (5) Sources utilizing a TTE must demonstrate that their TTE meets 
the requirements given in Procedure T (in appendix B of this section) 
for a TTE during testing of their control device. The source must also 
provide documentation that the quality assurance criteria for a TTE have 
been achieved.
    (iv) Control device efficiency testing and monitoring. (A) The 
control device efficiency shall be determined by simultaneously 
measuring the inlet and outlet gas phase VOM concentrations and gas 
volumetric flow rates in accordance with the gas phase test methods 
specified in paragraph (a)(4)(vi) of this section.
    (B) Any owner or operator that uses an afterburner or carbon 
adsorber to comply with any paragraph of Sec. 52.741 shall use USEPA 
approved continuous monitoring equipment which is installed, calibrated, 
maintained, and operated according to vendor specifications at all times 
the afterburner or carbon adsorber is in use. The continuous monitoring 
equipment must monitor the following parameters:
    (1) Combustion chamber temperature of each afterburner.
    (2) Temperature rise across each catalytic afterburner bed or VOM 
concentration of exhaust.
    (3) The VOM concentration of each carbon adsorption bed exhaust.
    (v) Overall efficiency. (A) The overall efficiency of the emission 
control system shall be determined as the product of the capture system 
efficiency and the control device efficiency or by the liquid/liquid 
test protocol as specified in 40 CFR 60.433 (and revised by paragraph 
(a)(4)(iii)(A)(2) of this section for each solvent recovery system. In 
those cases in which the overall efficiency is being determined for an 
entire line, the capture efficiency used to calculate the product of the 
capture and control efficiency is the total capture efficiency over the 
entire line.
    (B) For coating lines which are both chosen by the owner or operator 
to comply with paragraphs (e)(2)(ii), (e)(2)(iii), (e)(2)(iv), 
(e)(2)(v), or (e)(2)(vi) of this section by the alternative in paragraph 
(e)(2)(i)(B) of this section and meet the criteria allowing them to 
comply with paragraph (e)(2) of this section instead of paragraph (e)(1) 
of this section, the overall efficiency of the capture system and 
control device, as determined by the test methods and procedures 
specified in paragraphs (a)(4) (iii), (iv) and (v)(A) of this section, 
shall be no less than the equivalent overall efficiency which shall be 
calculated by the following equation:

E = ([VOMa - VOM1]/VOMa) x 100

Where:

E = Equivalent overall efficiency of the capture system and control 
device as a percentage,
VOMa = Actual VOM content of a coating, or the daily-weighted 
average VOM content of two or more coatings (if more than one coating is 
used), as applied to the subject coating line as determined by the 
applicable test methods and procedures specified in paragraph (a)(4)(i) 
of this section in units of kg VOM/l (lb VOM/gal) of coating solids as 
applied,
VOM1 = The VOM emission limit specified in paragraph (e)(2) 
(i) or (ii) of this section in

[[Page 604]]

units of kg VOM/l (lb VOM/gal) of coating solids as applied.

    (vi) Volatile organic material gas phase source test methods. The 
methods in 40 CFR part 60, appendix A, delineated below shall be used to 
determine control device efficiencies.
    (A) 40 CFR part 60, appendix A, Method 18, 25 or 25A, as appropriate 
to the conditions at the site, shall be used to determine VOM 
concentration. Method selection shall be based on consideration of the 
diversity of organic species present and their total concentration and 
on consideration of the potential presence of interfering gases. Except 
as indicated in paragraphs (a)(4)(vi)(A)(1) and (2) of this section, the 
test shall consist of three separate runs, each lasting a minimum of 60 
min, unless the Administrator determines that process variables dictate 
shorter sampling times.
    (1) When the method is to be used to determine the efficiency of a 
carbon adsoption system with a common exhaust stack for all the 
individual adsorber vessels, the test shall consist of three separate 
runs, each coinciding with one or more complete sequences through the 
adsorption cycles of all the individual adsorber vessels.
    (2) When the method is to be used to determine the efficiency of a 
carbon adsorption system with individual exhaust stacks for each 
adsorber vessel, each adsorber vessel shall be tested individually. The 
test for each adsorber vessel shall consist of three separate runs. Each 
run shall coincide with one or more complete adsorption cycles.
    (B) 40 CFR part 60, appendix A, Method 1 or 1A shall be used for 
sample and velocity traverses.
    (C) 40 CFR part 60, appendix A, Method 2, 2A, 2C or 2D shall be used 
for velocity and volumetric flow rates.
    (D) 40 CFR part 60, appendix A, Method 3 shall be used for gas 
analysis.
    (E) 40 CFR part 60, appendix A, Method 4 shall be used for stack gas 
moisture.
    (F) 40 CFR part 60, appendix A, Methods 2, 2A, 2C, 2D, 3 and 4 shall 
be performed, as applicable, at least twice during each test run.
    (G) Use of an adaptation to any of the test methods specified in 
paragraphs (a)(4)(vi) (A), (B), (C), (D), (E), and (F) of this section 
may be approved by the Administrator on a case-by-case basis. An owner 
or operator must submit sufficient documentation for the Administrator 
to find that the test methods specified in paragraphs (a)(4)(vi) (A), 
(B), (C), (D), (E), and (F) of this section will yield inaccurate 
results and that the proposed adaptation is appropriate.
    (vii) Leak detection methods for volatile organic material. Owners 
or operators required by the various subparts of this regulation to 
carry out a leak detection monitoring program shall comply with the 
following requirements:
    (A) Leak detection monitoring. (1) Monitoring shall comply with 40 
CFR part 60, appendix A. Method 21.
    (2) The detection instrument shall meet the performance criteria of 
Method 21.
    (3) The instrument shall be calibrated before use on each day of its 
use by the methods specified in Method 21.
    (4) Calibration gases shall be:
    (i) Zero air (less than 10 ppm of hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane and air at a concentration of 
approximately, but no less than, 10,000 ppm methane or n-hexane.
    (5) The instrument probe shall be traversed around all potential 
leak interfaces as close to the interface as possible as described in 
Method 21.
    (B) When equipment is tested for compliance with no detectable 
emissions as required, the test shall comply with the following 
requirements:
    (1) The requirements of paragraphs (a)(4) (vii)(A)(1) through 
(vii)(A)(5) of this section shall apply.
    (2) The background level shall be determined as set forth in Method 
21.
    (C) Leak detection tests shall be performed consistent with:
    (1) ``APTI Course SI 417 controlling Volatile Organic Compound 
Emissions from Leaking Process Equipment'' EPA-450/2-82-015 (which is 
available for purchase from the National Technical Information Services, 
5285 Port Royal Road, Springfield, VA 22161)
    (2) ``Portable Instrument User's Manual for Monitoring VOC Sources'' 
EPA-

[[Page 605]]

340/1-86-015 (which is available for purchase from the National 
Technical Information Services, 5285 Port Royal Road, Springfield, VA 
22161)
    (3) ``Protocols for Generating Unit-Specific Emission Estimates for 
Equipment Leaks of VOC and VHAP'' EPA-450/3-88-010 (which is available 
for purchase from the National Technical Information Services, 5285 Port 
Royal Road, Springfield, VA 22161)
    (4) ``Petroleum Refinery Enforcement Manual'' EPA-340/1-80-008 
(which is available for purchase from the National Technical Information 
Services, 5285 Port Royal Road, Springfield, VA 22161)
    (viii) Bulk gasoline delivery system test protocol. (A) The method 
for determining the emissions of gasoline from a vapor recovery system 
are delineated in 40 CFR part 60, subpart XX, Sec. 60.503.
    (B) Other tests shall be performed consistent with:
    (1) ``Inspection Manual for Control of Volatile Organic Emissions 
from Gasoline Marketing Operations: Appendix D'' EPA-340/1-80-012 (which 
is available for purchase from the National Technical Information 
Services, 5285 Port Royal Road, Springfield, VA 22161)
    (2) ``Control of Hydrocarbons from Tank Truck Gasoline Loading 
Terminals: Appendix A'' EPA-450/2-77-026 (which is available for 
purchase from the National Technical Information Services, 5285 Port 
Royal Road, Springfield, VA 22161)
    (5) Compliance dates. Compliance with the requirements of all rules 
is required by July 1, 1991, unless otherwise indicated by compliance 
dates contained in specific rules. This paragraph shall not operate to 
provide additional time for compliance under section 113(d) of the Act, 
42 U.S.C. 7413(d), for sources subject to compliance upon promulgation.
    (6) Afterburners. The operation of any natural gas fired afterburner 
and capture system used to comply with Sec. 52.741 is not required 
during the period of November 1 of any year to April 1 of the following 
year provided that the operation of such devices is not required for 
purposes of occupational safety or health, or for the control of toxic 
substances, odor nuisances, or other regulated pollutants.
    (7) Exemptions, variances, and alternative means of control or 
compliance determinations. Notwithstanding the provisions of any other 
paragraphs of this section, any exemptions, variances or alternatives to 
the control requirements, emission limitations, or test methods in the 
Illinois SIP or FIP can only be allowed if approved by the Administrator 
as a SIP or FIP revision.
    (8) Vapor pressure of volatile organic liquids. (i) If the VOL 
consists of only a single compound, the vapor pressure shall be 
determined by ASTM Method D2879-86 (incorporated by reference as 
specified in 40 CFR 52.742) or the vapor pressure may be obtained from a 
published source such as: Boublik, T., V. Fried and E. Hala, ``The Vapor 
Pressure of Pure Substances,'' Elsevier Scientific Publishing Co., New 
York (1973); Perry's Chemical Engineer's Handbook, McGraw-Hill Book 
Company (1984); CRC Handbook of Chemistry and Physics, Chemical Rubber 
Publishing Company (1986-87); and Lange's Handbook of Chemistry, John A. 
Dean, editor, McGraw-Hill Book Company (1985).
    (ii) If the VOL is a mixture, the vapor pressure shall be determined 
by ASTM Method D2879-86 (incorporated by reference as specified in 40 
CFR 52.742) or by the following equation:
[GRAPHIC] [TIFF OMITTED] TC07NO91.001

Where:

Pvol=Total vapor pressure of the mixture,
n=Number of components in the mixture,
i=Subscript denoting an individual component,
Pi=Vapor pressure of a component determined in accordance 
with paragraph (a) of this section
Xi=Mole fraction of the component in the total mixture.

    (9) Vapor pressure of organic material or solvent. (i) If the 
organic material or solvent consists of only a single compound, the 
vapor pressure shall be determined by ASTM Method D2879-86 (incorporated 
by reference as specified in 40 CFR 52.742) or the vapor pressure may be 
obtained from a published source such as: Boublik, T., V. Fried and E. 
Hala, ``The Vapor Pressure of Pure Substances,'' Elsevier Scientific

[[Page 606]]

Publishing Co., New York (1973); Perry's Chemical Engineer's Handbook, 
McGraw-Hill Book Company (1984); CRC Handbook of Chemistry and Physics, 
Chemical Rubber Publishing Company (1986-87); and Lange's Handbook of 
Chemistry, John A. Dean, editor, McGraw-Hill Book Company (1985).
    (ii) If the organic material or solvent is in a mixture made up of 
both organic material compounds and compounds which are not organic 
material, the vapor pressure shall be determined by the following 
equation:
[GRAPHIC] [TIFF OMITTED] TC07NO91.002

Where:

Pom=Total vapor pressure of the portion of the mixture which 
is composed of organic material,
n=Number of organic material components in the mixture,
i=Subscript denoting an individual component,
Pi=Vapor pressure of an organic material component determined 
in accordance with paragraph (a) of this section,
Xi=Mole fraction of the organic material component of the 
total mixture.

    (iii) If the organic material or solvent is in a mixture made up of 
only organic material compounds, the vapor pressure shall be determined 
by ASTM Method D2879-86 (incorporated by reference as specified in 40 
CFR 52.742) or by the above equation.
    (10) Vapor pressure of volatile organic material. (i) If the VOM 
consists of only a single compound, the vapor pressure shall be 
determined by ASTM Method D2879-86 (incorporated by reference as 
specified in 40 CFR 52.742) or the vapor pressure may be obtained from a 
published source such as: Boublik, T., V. Fried and E. Hala, ``The Vapor 
Pressure of Pure Substances,'' Elsevier Scientific Publishing Co., New 
York (1973); Perry's Chemical Engineer's Handbook, McGraw-Hill Book 
Company (1984); CRC Handbook of Chemistry and Physics, Chemical Rubber 
Publishing Company (1986-87); and Lange's Handbook of Chemistry, John A. 
Dean, editor, McGraw-Hill Book Company (1985).
    (ii) If the VOM is in a mixture made up of both VOM compounds and 
compounds which are not VOM, the vapor pressure shall be determined by 
the following equation:
[GRAPHIC] [TIFF OMITTED] TC07NO91.003

Where:

Pvom=Total vapor pressure of the portion of the mixture which 
is composed of VOM,
n=Number of VOM components in the mixture,
i=Subscript denoting an individual component,
Pi=Vapor pressure of a VOM component determined in accordance 
with paragraph (a) of this section,
Xi=Mole fraction of the VOM component of the total mixture.

    (iii) If the VOM is in a mixture made up of only VOM compounds, the 
vapor pressure shall be determined by ASTM Method D2879-86 (incorporated 
by reference as specified in 40 CFR 52.742) or by the above equation.
    (b)-(c) [Reserved]
    (d) Solvent cleaning--(1) Solvent cleaning in general. The 
requirements of subpart E (sections 215.182-215.184) of 35 Ill. Adm. 
Code 215 (incorporated by reference as specified in 40 CFR 52.742) shall 
apply to all cold cleaning, open top vapor degreasing, and conveyorized 
degreasing operations.

    Note: For Federal purposes, paragraph (d)(1) supersedes subpart E 
(section 215.181) of 35 Ill. Adm. Code 215.)

    (2) Compliance schedule. Every owner or operator of an emission 
source which was previously exempt from the requirements of subpart E 
(sections 215.182-215.184) of 35 Ill. Adm. Code 215 (incorporated by 
reference as specified in 40 CFR 52.742) because it satisfied the 
criteria in either (d)(a)(i) or (d)(2)(ii) of this section, shall comply 
with the requirements of subpart E (sections 215.182-215.184) of 35 Ill. 
Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742) 
on and after July 1, 1991. A source which did not satisfy the criteria 
in either (d)(a)(i) or (d)(2)(ii) of this section, shall comply

[[Page 607]]

with the requirements of subpart E (sections 215.182-215.184) of 35 Ill. 
Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742) 
upon promulgation.
    (i) If emissions of VOM exceed neither 6.8 kg (15 lbs) in any one 
day, nor 1.4 kg (3 lbs) in any one hour, or
    (ii) If the source is used exclusively for chemical or physical 
analysis or for determination of product quality and commercial 
acceptance, provided that the operation of the source is not an integral 
part of the production process, the emissions of VOM from the source do 
not exceed 363 kg (800 lbs) in any calendar month, and the exemption had 
been approved in writing by the Illinois Environmental Protection 
Agency.
    (3) Test methods. The following test methods shall be used to 
demonstrate compliance with subpart E (sections 215.182-215.184) of 35 
Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 
52.742):
    (i) Vapor pressures shall be determined by using the procedure 
specified in paragraph (a)(9) of this section.
    (ii) Exhaust ventilation rates shall be determined by using the 
procedures specified in paragraph (a)(4)(vi)(C) of this section.
    (iii) The performance of control devices shall be determined by 
using the procedures specified in paragraph (a)(4)(vi) of this section.
    (e) Coating operations--(1) Emission limitations for manufacturing 
plants. (i) Except as provided in paragraph (e)(3) of this section, no 
owner or operator of a coating line shall apply at any time any coating 
in which the VOM content exceeds the following emission limitations for 
the specified coating. The following emission limitations are expressed 
in units of VOM per volume of coating (minus water and any compounds 
which are specifically exempted from the definition of VOM) as applied 
at each coating applicator, except where noted. Compounds which are 
specifically exempted from the definition of VOM should be treated as 
water for the purpose of calculating the ``less water'' part of the 
coating composition. Compliance with this paragraph must be demonstrated 
through the applicable coating analysis test methods and procedures 
specified in paragraph (a)(4)(i) of this section and the recordkeeping 
and reporting requirements specified in paragraph (e)(6)(ii) of this 
section. As an alternative to compliance with this paragraph, the owner 
or operator of a coating line may meet the requirements of paragraph 
(e)(1)(ii) or paragraph (e)(2) of this section. The equation presented 
in paragraph (e)(1)(iii) of this section shall be used to calculate 
emission limitations for determining compliance by add-on controls, 
credits for transfer efficiency, emissions trades and cross-line 
averaging.

------------------------------------------------------------------------
                                                         kg/l    lb/gal
------------------------------------------------------------------------
(A) Automobile or Light-Duty Truck Coating
  (1) Prime coat......................................    0.14     (1.2)
  (2) Prime surfacer coat.............................    0.34     (2.8)
 
    Note: The prime surfacer coat limitation is based upon a transfer
    efficiency of 30 percent. Transfer efficiency credits can only be
   allowed if approved by the Administrator as a SIP or FIP revision.
 
  (3) Topcoat.........................................    1.81    (15.1)
 
 Note: The topcoat limitation is in units of kg (lbs) of VOM per l (gal)
  of coating solids deposited. Compliance with the limitation shall be
 based on the daily-weighted average VOM content from the entire topcoat
  operation (all topcoat spray booths, flash-off areas and bake ovens).
Compliance shall be demonstrated in accordance with the topcoat protocol
for automobiles and light-duty trucks referenced in paragraph (a)(4)(ii)
 of this section. Paragraph (e)(1)(ii) of this section does not apply to
     the topcoat limitation.) At least 180 days prior to the initial
 compliance date, the owner or operator of a coating line subject to the
topcoat limitation shall submit to the Administrator a detailed proposal
specifying the method of demonstrating compliance with the protocol. The
 proposal shall include, at a minimum, a comprehensive plan (including a
rationale) for determining the transfer efficiency at each booth through
 the use of in-plant, or pilot testing; the selection of coatings to be
  tested (for the purpose of determining transfer efficiency) including
 the rationale for coating groupings; and the method for determining the
 analytic VOM content of as applied coatings and the formulation solvent
  content of as applied coatings. Upon approval of the protocol by the
Administrator, the source may proceed with the compliance demonstration.
 
  (4) Final repair coat...............................    0.58     (4.8)
(B) Can Coating
  (1) Sheet basecoat and overvarnish..................    0.34     (2.8)
  (2) Exterior basecoat and overvarnish...............    0.34     (2.8)
  (3) Interior body spray coat........................    0.51     (4.2)

[[Page 608]]

 
  (4) Exterior end coat...............................    0.51     (4.2)
  (5) Side seam spray coat............................    0.66     (5.5)
  (6) End sealing compound coat.......................    0.44     (3.7)
(C) Paper Coating.....................................    0.35     (2.9)
 
   Note: The paper coating limitation shall not apply to any owner or
operator of any paper coating line on which printing is performed if the
 paper coating line complies with the emissions limitations in paragraph
            (h)(1) of this section: Printing and Publishing.
 
(D) Coil Coating......................................    0.31     (2.6)
(E) Fabric Coating....................................    0.35     (2.9)
(F) Vinyl Coating.....................................    0.45     (3.8)
(G) Metal Furniture Coating...........................    0.36     (3.0)
(H) Large Appliance Coating...........................    0.34     (2.8)
 
Note: The limitation shall not apply to the use of quick-drying lacquers
 for repair of scratches and nicks that occur during assembly, provided
 that the volume of coating does not exceed 0.95 l (1 quart) in any one
                       rolling eight-hour period.
 
(I) Magnet Wire Coating...............................    0.20     (1.7)
(J) Miscellaneous Metal Parts and Products Coating
  (1) Clear coating...................................    0.52     (4.3)
  (2) Air-dried coating...............................    0.42     (3.5)
  (3) Extreme performance coating.....................    0.42     (3.5)
  (4) Steel pail and drum interior coating............    0.52     (4.3)
  (5) All other coatings..............................    0.36     (3.0)
------------------------------------------------------------------------


------------------------------------------------------------------------
                                                         kg/l    lb/gal
------------------------------------------------------------------------
(K) Heavy Off-Highway Vehicle Products Coating
  (1) Extreme performance prime coat..................    0.42     (3.5)
  (2) Extreme performance top-coat (air dried)........    0.42     (3.5)
  (3) Final repair coat (air dried)...................    0.42     (3.5)
 
  (4) All other coatings are subject to the emission limitations for
   miscellaneous metal parts and products coatings in paragraph
   (e)(1)(i)(J) of this section.........................................
 
(L) Wood Furniture Coating
  (1) Clear topcoat...................................    0.67     (5.6)
  (2) Opaque stain....................................    0.56     (4.7)
  (3) Pigmented coat..................................    0.60     (5.0)
  (4) Repair coat.....................................    0.67     (5.6)
  (5) Sealer..........................................    0.67     (5.6)
  (6) Semi-transparent stain..........................    0.79     (6.6)
  (7) Wash coat.......................................    0.73     (6.1)
 
Note: An owner or operator of a wood furniture coating operation subject
  to this paragraph shall apply all coatings, with the exception of no
   more than 37.8 l (10 gal) of coating per day used for touch-up and
    repair operations, using one or more of the following application
  systems: airless spray application system, air-assisted airless spray
       application system, electrostatic spray application system,
   electrostatic bell or disc spray application system, heated airless
     spray application system, roller coating, brush or wipe coating
         application system, or dip coating application system.
 
(M) Existing Diesel-Electric Locomotive Coating Lines
 in Cook County
  (1) Extreme performance prime coat..................    0.42     (3.5)
  (2) Extreme performance top-coat (air dried)........    0.42     (3.5)
  (3) Final repair coat (air dried)...................    0.42     (3.5)
  (4) High-temperature aluminum coating...............    0.72     (6.0)
  (5) All other coatings..............................    0.36     (3.0)
------------------------------------------------------------------------

    (ii) Daily-weighted average limitations. No owner or operator of a 
coating line subject to the limitations of paragraph (e)(1)(i) of this 
section and complying by means of paragraph (e)(1)(ii) of this section 
shall operate the subject coating line unless the owner or operator has 
demonstrated compliance with paragraph (e)(1) (ii)(A), (ii)(B), (ii)(C), 
(ii)(D), (ii)(E) or (ii)(F) of this section (depending upon the source 
category) through the applicable coating analysis test methods and 
procedures specified in paragraph (a)(4)(i) of this section and the 
recordkeeping and reporting requirements specified in paragraph 
(e)(6)(iii) of this section.
    (A) No owner or operator of a coating line subject to only one of 
the limitations from among paragraph (e)(1) (i)(A)(1), (i)(A)(2), 
(i)(A)(4), (i)(C), (i)(D), (i)(E), (i)(F), (i)(G), (i)(H), or (i)(I) of 
this section shall apply coating on any such coating line, during any 
day, whose daily-weighted average VOM

[[Page 609]]

content exceeds the emission limitation to which the coatings are 
subject.
    (B) No owner or operator of a miscellaneous metal parts and products 
coating line subject to the limitations of paragraph (e)(1)(i)(J) of 
this section shall apply coatings to miscellaneous metal parts or 
products on the subject coating line unless the requirements in 
paragraph (e)(1)(ii)(B) (1) or (2) of this section are met.
    (1) For each coating line which applies multiple coatings, all of 
which are subject to the same numerical emission limitation within 
paragraph (e)(1)(i)(J) of this section, during the same day (e.g., all 
coatings used on the line are subject to 0.42 kg/l [3.5 lbs/gal]), the 
daily-weighted average VOM content shall not exceed the coating VOM 
content limit corresponding to the category of coating used, or
    (2) For each coating line which applies coatings from more than one 
of the four coating categories in paragraph (e)(1)(i)(J) of this 
section, during the same day, the owner or operator shall submit to and 
receive approval from the Administrator for a site-specific FIP 
revision. To receive approval, the requirements of USEPA's Emissions 
Trading Policy Statement (and related policy) must be satisfied.
    (C) No owner or operator of a can coating facility subject to the 
limitations of paragraph (e)(1)(i)(B) of this section shall operate the 
subject coating facility using a coating with a VOM content in excess of 
the limitations specified in paragraph (e)(1)(i)(B) of this section 
unless all of the following requirements are met:
    (1) An alternative daily emission limitation shall be determined 
according to paragraph (e)(1)(ii)(C)(2) of this section. Actual daily 
emissions shall never exceed the alternative daily emission limitation 
and shall be calculated by use of the following equation.
[GRAPHIC] [TIFF OMITTED] TC07NO91.004

Where:

Ed=Actual VOM emissions for the day in units of kg/day (lbs/
day),
i=Subscript denoting a specific coating applied,
n=Total number of coatings applied in the can coating operation,
Vi=Volume of each coating applied for the day in units of l/
day (gal/day) of coating (minus water and any compounds which are 
specifically exempted from the definition of VOM), and
Ci=The VOM content of each coating as applied in units of kg 
VOM/l (lbs VOM/gal) of coating (minus water and any compounds which are 
specifically exempted from the definition of VOM).

    (2) The alternative daily emission limitation (Ad) shall 
be determined on a daily basis as follows:
[GRAPHIC] [TIFF OMITTED] TC07NO91.005

Where:

Ad=The VOM emissions allowed for the day in units of kg/day 
(lbs/day),
i=Subscript denoting a specific coating applied,
n=Total number of surface coatings applied in the can coating operation,
Ci=The VOM content of each surface coating as applied in 
units of kg VOM/l (lbs VOM/gal) of coating (minus water and any 
compounds which are specifically exempted from the definition of VOM),
Di=The density of VOM in each coating applied. For the 
purposes of calculating Ad, the density is 0.882 kg VOM/l VOM 
(7.36 lbs VOM/gal VOM),
Vi=Volume of each surface coating applied for the day in 
units of l (gal) of coating (minus water and any compounds which are 
specifically exempted from the definition of VOM),
Li=The VOM emission limitation for each surface coating 
applied as specified in paragraph (e)(1)(i)(B) of this section in units 
of kg VOM/l (lbs VOM/gal) of coating (minus water and any compounds 
which are specifically exempted from the definition of VOM).

    (D) No owner or operator of a heavy off-highway vehicle products 
coating line subject to the limitations of paragraph (e)(1)(i)(K) of 
this section shall apply coatings to heavy off-highway vehicle products 
on the subject coating line unless the requirements of paragraph 
(e)(1)(ii)(D) (1) or (2) of this section are met.
    (1) For each coating line which applies multiple coatings, all of 
which are subject to the same numerical emission limitation within 
paragraph (e)(1)(i)(K) of this section, during the same day (e.g., all 
coatings used on the

[[Page 610]]

line are subject to 0.42 kg/l [3.5 lbs/gal]), the daily-weighted average 
VOM content shall not exceed the coating VOM content limit corresponding 
to the category of coating used, or
    (2) For each coating line which applies coatings subject to more 
than one numerical emission limitation in paragraph (e)(1)(i)(K) of this 
section, during the same day, the owner or operator shall submit to and 
receive approval from the Administrator for a site-specific FIP 
revision. To receive approval, the requirements of USEPA's Emissions 
Trading Policy Statement (and related policy) must be satisfied.
    (E) No owner or operator of a wood furniture coating line subject to 
the limitations of paragraph (e)(1)(i)(L) of this section shall apply 
coatings to wood furniture on the subject coating line unless the 
requirements of paragraph (e)(1)(ii)(E) (1) or (2) of this section, in 
addition to the requirements specified in the note to paragraph 
(e)(1)(i)(L) of this section, are met.
    (1) For each coating line which applies multiple coatings, all of 
which are subject to the same numerical emission limitation within 
paragraph (e)(1)(i)(L) of this section, during the same day (e.g., all 
coatings used on the line are subject to 0.67 kg/l [5.6 lbs/gal]), the 
daily-weighted average VOM content shall not exceed the coating VOM 
content limit corresponding to the category of coating used, or
    (2) For each coating line which applies coatings subject to more 
than one numerical emission limitation in paragraph (e)(1)(i)(L) of this 
section, during the same day, the owner or operator shall submit to and 
receive approval from the Administrator for a site-specific FIP 
revision. To receive approval, the requirements of USEPA's Emissions 
Trading Policy Statement (and related policy) must be satisfied.
    (F) No owner or operator of an existing diesel-electric locomotive 
coating line in Cook County, subject to the limitations of paragraph 
(e)(1)(i)(M) of this section shall apply coatings to diesel-electric 
locomotives on the subject coating line unless the requirements of 
paragraph (e)(1)(ii)(F) (1) or (2) of this section are met.
    (1) For each coating line which applies multiple coatings, all of 
which are subject to the same numerical emission limitation within 
paragraph (e)(1)(i)(M) of this section, during the same day (e.g., all 
coatings used on the line are subject to 0.42 kg/l [3.5 lbs/gal]), the 
daily-weighted average VOM content shall not exceed the coating VOM 
content limit corresponding to the category of coating used, or
    (2) For each coating line which applies coatings subject to more 
than one numerical emission limitation in paragraph (e)(1)(i)(M) of this 
section, during the same day, the owner or operator shall submit to and 
receive approval from the Administrator for a site-specific FIP 
revision. To receive approval, the requirements of USEPA's Emissions 
Trading Policy Statement (and related policy) must be satisfied.
    (iii) Limitations in terms of kg (lbs) of VOM emissions per l (gal) 
of solids as applied at each coating applicator shall be determined by 
the following equation:
[GRAPHIC] [TIFF OMITTED] TC07NO91.006

Where:

S=The limitation on VOM emissions in terms of kg VOM/l (lbs VOM/gal) of 
solids,
C=The limitation on VOM emissions in terms of kg/l (lbs/gal) of coating 
(minus water and any compounds which are specifically excluded from the 
definition of VOM) specified in paragraph (e)(1)(i) of this section,
D=The density of VOM in the coating. For the purposes of calculating S, 
the density is 0.882 kg VOM/l VOM (7.36 lbs VOM/gal VOM).

    (2) Alternative emission limitations. Any owner or operator of a 
coating line subject to paragraph (e)(1) of this section may comply with 
this paragraph, rather than with paragraph (e)(1) of this section, if a 
capture system and control device are operated at all times and the 
owner or operator demonstrates compliance with paragraphs (e)(2) (ii), 
(iii), (iv), (v), (vi) or (vii) of this section (depending upon the 
source category) through the applicable coating analysis and capture 
system and control device efficiency test methods and procedures 
specified in paragraph

[[Page 611]]

(a)(4) of this section and the recordkeeping and reporting requirements 
specified in paragraph (e)(6)(iv) of this section; and the control 
device is equipped with the applicable monitoring equipment specified in 
paragraph (a)(4)(iv) of this section and the monitoring equipment is 
installed, calibrated, operated and maintained according to vendor 
specifications at all times the control device is in use. The use of a 
capture system and control device, which does not demonstrate compliance 
with paragraph (e)(2) (ii), (iii), (iv), (v), (vi), or (vii), may only 
be used as an alternative to compliance with paragraph (e)(1) of this 
section if approved as a FIP revision.
    (i) Alternative add-on control methodologies. (A) The coating line 
is equipped with a capture system and control device that provides 81 
percent reduction in the overall emissions of VOM from the coating line 
and the control device has a 90 percent efficiency, or
    (B) The system used to control VOM from the coating line is 
demonstrated to have an overall efficiency sufficient to limit VOM 
emissions to no more than what is allowed under paragraph (e)(1) of this 
section. Use of any control system other than an afterburner, carbon 
absorption, condensation, or absorption scrubber system can only be 
allowed if approved by the Administrator as a SIP or FIP revision. 
Transfer efficiency credits can only be allowed if approved by the 
Administrator as a SIP or FIP revision. Baseline transfer efficiencies 
and transfer efficiency test methods must be approved by the 
Administrator.
    Such overall efficiency is to be determined as follows:
    (1) Obtain the emission limitation from the appropriate paragraph in 
(e)(1) of this section,
    (2) Calculate ``S'' according to the equation in paragraph 
(e)(1)(iii) of this section,
    (3) Calculate the overall efficiency required according to paragraph 
(a)(4)(v) of this section. For the purposes of calculating this value, 
according to the equation in (a)(4)(v)(B) of this section 
VOM1 is equal to the value of ``S'' as determined above in 
(i)(B)(2).
    (ii) No owner or operator of a coating line subject to only one of 
the emission limitations from among paragraph (e)(1)(i)(A)(1), 
(e)(1)(i)(A)(2), (e)(1)(i)(A)(4), (e)(1)(i)(C), (e)(1)(i)(D), 
(e)(1)(i)(E), (e)(1)(i)(F), (e)(1)(i)(G), (e)(1)(i)(H), or (e)(1)(i)(I) 
of this section and equipped with a capture system and control device 
shall operate the subject coating line unless the requirements in 
paragraph (e)(2)(i) (A) or (B) of this section are met. No owner or 
operator of a coating line subject to paragraph (e)(1)(i)(A)(3) of this 
section and equipped with a capture system and control device shall 
operate the coating line unless the owner or operator demonstrates 
compliance with the topcoat limitation in accordance with the topcoat 
protocol for automobile or light-duty trucks referenced in paragraph 
(a)(4)(ii) of this section.
    (iii) No owner or operator of a miscellaneous metal parts and 
products coating line which applies one or more coatings during the same 
day, all of which are subject to the same numerical emission limitation 
within paragraph (e)(1)(i)(J) of this section (e.g., all coatings used 
on the line are subject to 0.42 kg/l [3.5 lbs/gal]), and which is 
equipped with a capture system and control device shall operate the 
subject coating line unless the requirements in paragraph (e)(2)(i) (A) 
or (B) of this section are met.
    (iv) No owner or operator of a heavy off-highway vehicle products 
coating line which applies one or more coatings during the same day, all 
of which are subject to the same numerical emission limitation within 
paragraph (e)(1)(i)(K) of this section (e.g., all coatings used on the 
line are subject to 0.42 kg/l [3.5 lbs/gal]), and which is equipped with 
a capture system and control device shall operate the subject coating 
line unless the requirements in paragraph (e)(2)(i) (A) or (B) of this 
section are met.
    (v) No owner or operator of an existing diesel-electric locomotive 
coating line in Cook County which applies one or more coatings during 
the same day, all of which are subject to the same numerical emission 
limitation within paragraph (e)(1)(i)(M) of this section (e.g., all 
coatings used on the line are subject to 0.42 kg/l [3.5 lbs/gals]), and

[[Page 612]]

which is equipped with a capture system and control device shall operate 
the subject coating line unless the requirements in paragraph (e)(2)(i) 
(A) or (B) of this section are met.
    (vi) No owner or operator of a wood furniture coating line which 
applies one or more coatings during the same day, all of which are 
subject to the same numerical emission limitation within paragraph 
(e)(1)(i)(L) (e.g., all coatings used on the line are subject to 0.67 
kg/l [5.6 lbs/gal]), and which is equipped with a capture system and 
control device shall operate the subject coating line unless the 
requirements in paragraph (e)(2)(i) (A) or (B) of this section are met. 
If compliance is achieved by meeting the requirements in paragraph 
(e)(2)(i)(B) of this section, then the provisions in the note to 
paragraph (e)(1)(i)(L) of this section must also be met.
    (vii) No owner or operator of a can coating facility and equipped 
with a capture system and control device shall operate the subject 
coating facility unless the requirements in paragraph (e)(2)(vii) (A) or 
(B) of this section are met.
    (A) An alternative daily emission limitation shall be determined 
according to paragraph (e)(1)(ii)(C)(2) of this section. Actual daily 
emissions shall never exceed the alternative daily emission limitation 
and shall be calculated by use of the following equation:
[GRAPHIC] [TIFF OMITTED] TC07NO91.007

Where:

Ed=Actual VOM emissions for the day in units of kg/day (lbs/
day),
i=Subscript denoting the specific coating applied,
n=Total number of surface coatings as applied in the can coating 
operation,
Vi=Volume of each coating as applied for the day in units of 
1/day (gal/day) of coating (minus water and any compounds which are 
specifically exempted from the definition of VOM),
Ci=The VOM content of each coating as applied in units of kg 
VOM/l (lbs VOM/gal) of coating (minus water and any compounds which are 
specifically exempted from the definition of VOM), and
Fi=Fraction, by weight, of VOM emissions from the surface 
coating, reduced or prevented from being emitted to the ambient air. 
This is the overall efficiency of the capture system and control device.

    (B) The coating line is equipped with a capture system and control 
device that provide 75 percent reduction in the overall emissions of VOM 
from the coating line and the control device has a 90 percent 
efficiency.
    (3) Exemptions from emission limitations--(i) Exemptions for all 
source categories except wood furniture coating. The limitations of 
paragraph (e) of this section shall not apply to coating lines within a 
facility, that otherwise would be subject to the same subparagraph of 
paragraph (e)(1)(i) of this section (because they belong to the same 
source category, e.g. can coating), provided that combined actual 
emissions of VOM from all lines at the facility subject to that 
subparagraph never exceed 6.8 kg/day (15 lbs/day) before the application 
of capture systems and control devices. (For example, can coating lines 
within a plant would not be subject to the limitations of subparagraph 
(e)(1)(i)(B) of this section if the combined actual emissions of VOM 
from the can coating lines never exceed 6.8 kg/day (15 lbs/day) before 
the application of capture systems and control devices.) Volatile 
organic material emissions from heavy off-highway vehicle products 
coating lines must be combined with VOM emissions from miscellaneous 
metal parts and products coating lines to determine applicability. Any 
owner or operator of a coating facility shall comply with the applicable 
coating analysis test methods and procedures specified in paragraph 
(a)(4)(i) of this section and the recordkeeping and reporting 
requirements specified in paragraph (e)(6)(i) of this section if total 
VOM emissions from the subject coating lines are always less than or 
equal to 6.8 kg/day (15 lbs/day) before the application of capture 
systems and control devices and, therefore, are not subject to the 
limitations of paragraph (e)(1) of this section. Once a category of 
coating lines at a facility is subject to the limitations in paragraph 
(e)(1) of this section, the coating lines are always subject to the 
limitations in paragraph (e)(1) of this section.

[[Page 613]]

    (ii) Applicability for wood furniture coating. (A) The limitations 
of paragraph (e) of this section shall apply to a plant's wood furniture 
coating lines if the plant contains process emission sources, not 
regulated by paragraphs (d), (e) (excluding paragraph (e)(1)(i)(L)), (h) 
(excluding paragraph (h)(5)), (i), (j), or (q)(1), or subparts B, Q 
(excluding sections 215.432 and 215.436), R (excluding sections 215.447, 
215.450, and 215.452), S, V, X, Y (sections 215.582-215.584), or Z of 35 
Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 
52.742), which as a group both:
    (1) Have maximum theoretical emissions of 91 Mg (100 tons) or more 
per calendar year of VOM if no air pollution control equipment were 
used, and
    (2) Are not limited to less than 91 Mg (100 tons) of VOM per 
calendar year if no air pollution control equipment were used, through 
production or capacity limitations contained in a federally enforceable 
construction permit or SIP or FIP version.
    (B) If a plant ceases to fulfill the criteria of paragraph 
(e)(3)(ii)(A) of this section, the limitations of paragraph (e)(1)(i)(L) 
of this section shall continue to apply to any wood furniture coating 
line which was ever subject to the limitations of paragraph (e)(1)(i)(L) 
of this section.
    (C) For the purposes of paragraph (e)(3)(ii) of this section, an 
emission source shall be considered regulated by a subpart (of the 
Illinois rules), section, or paragraph if it is subject to the 
limitations of that subpart (of the Illinois rules), section, or 
paragraph. An emission source is not considered regulated by a subpart 
(of the Illinois rules), section, or paragraph if its emissions are 
below the applicability cutoff level or if the source is covered by an 
exemption.
    (D) Any owner or operator of a wood furniture coating line to which 
the limitations of paragraph (e) of this section are not applicable due 
to the criteria in paragraph (e)(3)(ii) of this section shall, upon 
request by the Administrator, submit records to the Administrator within 
30 calendar days from the date of the request that document that the 
coating line is exempt from the limitations of paragraph (e) of this 
section.
    (4) Exemption from general rule on use of organic material. No owner 
or operator of a coating line subject to the limitations of paragraph 
(e)(1) of this section is required to meet the limitations of subpart K 
(section 215.301 or 215.302) of 35 Ill. Adm. Code 215 (incorporated by 
reference as specified in 40 CFR 52.742), after the date by which the 
coating line is required to meet paragraph (e)(1) of this section.
    (5) Compliance schedule. Except as specified in paragraph (e)(7) of 
this section, every owner or operator of a coating line (of a type 
included within paragraph (e)(1)(i) of this section) shall comply with 
the requirements of paragraph (e)(1),(e)(2) or (e)(3) of this section 
and paragraph (e)(6) of this section in accordance with the appropriate 
compliance schedule as specified in paragraph (e)(5)(i),(ii),(iii) or 
(iv) of this section.
    (i) No owner or operator of a coating line which is exempt from the 
limitations of paragraph (e)(1) of this section because of the criteria 
in paragraph (e)(3)(i) of this section shall operate said coating line 
on or after July 1, 1991, unless the owner or operator has complied 
with, and continues to comply with, paragraph (e)(6)(i) of this section. 
Wood furniture coating lines are not subject to paragraph (e)(6)(i) of 
this section.
    (ii) No owner or operator of a coating line complying by means of 
paragraph (e)(1)(i) of this section shall operate said coating line on 
or after July 1, 1991, unless the owner or operator has complied with, 
and continues to comply with, paragraphs (e)(1)(i) and (e)(6)(ii) of 
this section.
    (iii) No owner or operator of a coating line complying by means of 
paragraph (e)(1)(ii) of this section shall operate said coating line on 
or after July 1, 1991, unless the owner or operator has complied with, 
and continues to comply with, paragraphs (e)(1)(ii) and (e)(6)(iii) of 
this section.
    (iv) No owner or operator of a coating line complying by means of 
paragraph (e)(2) of this section shall operate said coating line on or 
after July 1, 1991, unless the owner or operator has complied with, and 
continues to comply

[[Page 614]]

with, paragraphs (e)(2) and (e)(6)(iv) of this section.
    (6) Recordkeeping and reporting. The VOM content of each coating and 
the efficiency of each capture system and control device shall be 
determined by the applicable test methods and procedures specified in 
paragraph (a)(4) of this section to establish the records required under 
paragraph (e)(6) of this section.
    (i) Any owner or operator of a coating line which is exempted from 
the limitations of paragraph (e)(1) of this section because of paragraph 
(e)(3)(i) of this section shall comply with the following:
    (A) By July 1, 1991, the owner or operator of a facility referenced 
in paragraph (e)(6)(i) of this section shall certify to the 
Administrator that the facility is exempt under the provisions of 
paragraph (e)(3)(i) of this section. Such certification shall include:
    (1) A declaration that the facility is exempt from the limitations 
of paragraph (e)(1) of this section because of paragraph (e)(3)(i) of 
this section; and
    (2) Calculations which demonstrate that the combined VOM emissions 
from all coating lines at the facility never exceed 6.8 kg (15 lbs) per 
day before the application of capture systems and control devices. The 
following equation shall be used to calculate total VOM emissions:
[GRAPHIC] [TIFF OMITTED] TC07NO91.008

Where:

Te=Total VOM emissions from coating lines at a facility each 
day before the application of capture systems and control devices in 
units of kg/day (lbs/day),
m=Number of coating lines at the facility,
j=Subscript denoting an individual coating line,
n=Number of different coatings as applied each day on each coating line 
at the facility,
i=Subscript denoting an individual coating,
Ai=Weight of VOM per volume of each coating (minus water and 
any compounds which are specifically exempted from the definition of 
VOM) as applied each day on each coating line at the facility in units 
of kg VOM/l (lbs VOM/gal), and
Bi=Volume of each coating (minus water and any compounds 
which are specifically exempted from the definition of VOM) as applied 
each day on each coating line at the facility in units of l/day (gal/
day). The instrument or method by which the owner or operator accurately 
measured or calculated the volume of each coating as applied on each 
coating line each day shall be described in the certification to the 
Administrator.

    (B) On and after July 1, 1991, the owner or operator of a facility 
referenced in paragraph (e)(6)(i) of this section shall collect and 
record all of the following information each day for each coating line 
and maintain the information at the facility for a period of three 
years:
    (1) The name and identification number of each coating as applied on 
each coating line.
    (2) The weight of VOM per volume and the volume of each coating 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) as applied each day on each coating line.
    (C) On and after July 1, 1991, the owner or operator of a facility 
exempted from the limitations of paragraph (e)(1) of this section 
because of paragraph (e)(3)(i) of this section shall notify the 
Administrator of any record showing that total VOM emissions from the 
coating facility exceed 6.8 kg (15 lbs) in any day before the 
application of capture systems and control devices shall be reported by 
sending a copy of such record to the Administrator within 30 days after 
the exceedance occurs.
    (ii) Any owner or operator of a coating line subject to the 
limitations of paragraph (e)(1) of this section and complying by means 
of paragraph (e)(1)(i) of this section shall comply with the following:
    (A) By July 1, 1991, or upon initial start-up of a new coating line, 
or upon changing the method of compliance from an existing subject 
coating line from paragraph (e)(1)(ii) or paragraph (e)(2) to paragraph 
(e)(1)(i) of this section; the owner or operator of a subject coating 
line shall certify to the Administrator that the coating line will be in 
compliance with paragraph (e)(1)(i) of this section on and after July 1, 
1991, or on and after the initial start-up date. Such certification 
shall include:

[[Page 615]]

    (1) The name and identification number of each coating as applied on 
each coating line.
    (2) The weight of VOM per volume of each coating (minus water and 
any compounds which are specifically exempted from the definition of 
VOM) as applied each day on each coating line.
    (3) For coating lines subject to paragraph (e)(1)(i)(A)(3) of this 
section, certification shall include:
    (i) The name and identification number of each coating line which 
will comply by means of paragraph (e)(1)(i)(A)(3) of this section,
    (ii) The name and identification number of each coating as applied 
on each coating line,
    (iii) The weight of VOM per volume of each coating as applied on 
each coating line,
    (iv) The instrument or method by which the owner or operator will 
accurately measure or calculate the volume of each coating as applied 
each day on each coating line,
    (v) The method by which the owner or operator will create and 
maintain records each day as required in paragraph (e)(6)(ii)(B) of this 
section for coating lines subject to paragraph (e)(1)(i)(A)(3) of this 
section,
    (vi) An example format in which the records required in paragraph 
(e)(6)(ii)(B) of this section for coating lines subject to paragraph 
(e)(1)(i)(A)(3) of this section.
    (B) On and after July 1, 1991, or on and after the initial start-up 
date, the owner or operator of a coating line subject to the limitations 
of paragraph (e)(1) of this section and complying by means of paragraph 
(e)(1)(i) of this section shall collect and record all of the following 
information each day for each coating line and maintain the information 
at the facility for a period of three years:
    (1) The name and identification number of each coating as applied on 
each coating line.
    (2) The weight of VOM per volume of each coating (minus water and 
any compounds which are specifically exempted from the definition of 
VOM) as applied each day on each coating line.
    (3) For coating lines subject to paragraph (e)(1)(i)(A)(3) of this 
section, the owner or operator shall maintain all records necessary to 
calculate the daily-weighted average VOM content from the coating line 
in accordance with the proposal submitted, and approved by the 
Administrator, pursuant to paragraph (e)(1)(A)(3) of this section.
    (C) On and after July 1, 1991, the owner or operator of a subject 
coating line shall notify the Administrator in the following instances:
    (1) Any record showing violation of paragraph (e)(1)(i) of this 
section shall be reported by sending a copy of such record to the 
Administrator within 30 days following the occurrence of the violation, 
except that any record showing a violation of paragraph (e)(1)(i)(A)(3) 
of this section shall be reported by sending a copy of such record to 
the Administrator within 15 days from the end of the month in which the 
violation occurred.
    (2) At least 30 calendar days before changing the method of 
compliance with paragraph (e)(1) of this section from paragraph 
(e)(1)(i) to paragraph (e)(1)(ii) or paragraph (e)(2) of this section, 
the owner or operator shall comply with all requirements of paragraph 
(e)(6) (iii)(A) or (iv)(A) of this section, respectively. Upon changing 
the method of compliance with paragraph (e)(1) of this section from 
paragraph (e)(1)(i) to paragraph (e)(1)(ii) or paragraph (e)(2) of this 
section, the owner or operator shall comply with all requirements of 
paragraph (e)(6) (iii) or (iv) of this section, respectively.
    (3) For coating lines subject to paragraph (e)(1)(i)(A)(3) of this 
section, the owner or operator shall notify the Administrator of any 
change to the topcoating operation at least 30 days before the change is 
effected. The Administrator shall determine whether or not 
recertification testing is required. If the Administrator determines 
that recertification testing is required, then the owner or operator 
shall submit a proposal to the Administrator to test within 30 days and 
retest within 30 days of the Administrator's approval of the proposal.
    (iii) Any owner or operator of a coating line subject to the 
limitations of paragraph (e)(1) of this section and complying by means 
of paragraph (e)(1)(ii) of this section shall comply with the following:

[[Page 616]]

    (A) By July 1, 1991, or upon initial start-up of a new coating line, 
or upon changing the method of compliance for an existing subject 
coating line from paragraph (e)(1)(i) or paragraph (e)(2) to paragraph 
(e)(1)(ii) of this section; the owner or operator of the subject coating 
line shall certify to the Administrator that the coating line will be in 
compliance with paragraph (e)(1)(ii) of this section on and after July 
1, 1991, or on and after the initial start-up date. Such certification 
shall include:
    (1) The name and identification number of each coating line which 
will comply by means of paragraph (e)(1)(ii) of this section.
    (2) The name and identification number of each coating as applied on 
each coating line.
    (3) The weight of VOM per volume and the volume of each coating 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) as applied each day on each coating line.
    (4) The instrument or method by which the owner or operator will 
accurately measure or calculate the volume of each coating as applied 
each day on each coating line.
    (5) The method by which the owner or operator will create and 
maintain records each day as required in paragraph (e)(6)(iii)(B) of 
this section.
    (6) An example of the format in which the records required in 
paragraph (e)(6)(iii)(B) of this section will be kept.
    (B) On and after July 1, 1991, or on and after the initial start-up 
date, the owner or operator of a coating line subject to the limitations 
of paragraph (e)(1) of this section and complying by means of paragraph 
(e)(1)(ii) of this section, shall collect and record all of the 
following information each day for each coating line and maintain the 
information at the facility for a period of three years:
    (1) The name and identification number of each coating as applied on 
each coating line.
    (2) The weight of VOM per volume and the volume of each coating 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) as applied each day on each coating line.
    (3) The daily-weighted average VOM content of all coatings as 
applied on each coating line as defined in paragraph (a)(3) of this 
section.
    (C) On and after July 1, 1991, the owner or operator of a subject 
coating line shall notify the Administrator in the following instances:
    (1) Any record showing violation of paragraph (e)(1)(ii) of this 
section shall be reported by sending a copy of such record to the 
Administrator within 30 days following the occurrence of the violation.
    (2) At least 30 calendar days before changing the method of 
compliance with paragraph (e) from paragraph (e)(1)(ii) to paragraph 
(e)(1)(i) or paragraph (e)(2) of this section, the owner or operator 
shall comply with all requirements of paragraph (e)(6)(ii)(A) or 
(iv)(A), respectively. Upon changing the method of compliance with 
paragraph (e) from paragraph (e)(1)(ii) to paragraph (e)(1)(i) or 
paragraph (e)(2) of this section, the owner or operator shall comply 
with all requirements of paragraph (e)(6)(ii) or (iv), respectively.
    (iv) Any operator or owner of a coating line subject to the 
limitations of paragraph (e)(2) of this section and complying by means 
of paragraph (e)(2)(ii), (iii), (iv), (v), (vi) or (vii) of this section 
shall comply with the following:
    (A) By July 1, 1991, or upon initial start-up of a new coating line, 
or upon changing the method of compliance for an existing coating line 
from paragraph (e)(1) (i) or (ii) to paragraph (e)(2) of this section; 
the owner or operator of the subject coating line shall perform all 
tests and submit to the Administrator the results of all tests and 
calculations necessary to demonstrate that the subject coating line will 
be in compliance with paragraph (e)(2) of this section on and after July 
1, 1991, or on and after the initial start-up date.
    (B) On and after July 1, 1991, or on and after the initial start-up 
date, the owner or operator of a coating line subject to the limitations 
of paragraph (e)(2) of this section and complying by means of paragraph 
(e)(2) (ii), (iii), (iv), (v), (vi) or (vii) of this section shall 
collect and record all of the following information each day for each 
coating

[[Page 617]]

line and maintain the information at the facility for a period of three 
years:
    (1) The weight of VOM per volume of coating solids as applied each 
day on each coating line, if complying pursuant to paragraph 
(e)(2)(i)(B) of this section.
    (2) Control device monitoring data.
    (3) A log operating time for the capture system, control device, 
monitoring equipment and the associated coating line.
    (4) A maintenance log for the capture system, control device and 
monitoring equipment detailing all routine and non-routine maintenance 
performed including dates and duration of any outages.
    (C) On and after July 1, 1991, the owner or operator of a subject 
coating line shall notify the Administrator in the following instances:
    (1) Any record showing violation of paragraph (e)(2) of this section 
shall be reported by sending a copy of such record to the Administrator 
within 30 days following the occurrence of the violation.
    (2) At least 30 calendar days before changing the method of 
compliance with paragraph (e) from paragraph (e)(2) to paragraph 
(e)(1)(i) or paragraph (e)(1)(ii) of this section, the owner or operator 
shall comply with all requirements of paragraph (e)(6)(ii)(A) or 
(iii)(A) of this section, respectively. Upon changing the method of 
compliance with paragraph (e) from paragraph (e)(2) to paragraph 
(e)(1)(i) or paragraph (e)(1)(ii) of this section, the owner or operator 
shall comply with all requirements of paragraph (e)(6)(ii) or (iii) of 
this section, respectively.
    (7) Compliance schedule for diesel electric locomotive coatings. 
Notwithstanding any other provision of this subpart, the compliance date 
for the emission limitations and standards for ``topcoat'' and ``final 
repair coat'' operations only as applied to General Motors Corporation 
at their diesel electric locomotive coating lines in Cook County, 
Illinois, codified at 40 CFR 52.741(e)(1)(i)(M) (2) and (3) is specified 
in this paragraph (e)(7). Compliance with the requirements of paragraph 
(e)(1), (e)(2) or (e)(3) of this section and paragraph (e)(6) of this 
section must be in accordance with the appropriate compliance schedule 
as specified in paragraph (e)(7)(i),(ii),(iii), or (iv) of this section.
    (i) No owner or operator of a coating line which is exempt from the 
limitations of paragraph (e)(1) of this section because of the criteria 
in paragraph (e)(3)(i) of this section shall operate said coating line 
on or after March 25, 1995, unless the owner or operator has complied 
with, and continues to comply with, paragraph (e)(6)(i) of this section.
    (ii) No owner or operator of a coating line complying by means of 
paragraph (e)(1)(i) of this section shall operate said coating line on 
or after March 25, 1995, unless the owner or operator has complied with, 
and continues to comply with, paragraph (e)(1)(i) and (e)(6)(ii) of this 
section.
    (iii) No owner or operator of a coating line complying by means of 
paragraph (e)(1)(ii) of this section shall operate said coating line on 
or after March 25, 1995, unless the owner or operator has complied with, 
and continues to comply with, paragraphs (e)(1)(ii) and (e)(6)(iii) of 
this section.
    (iv) No owner or operator of a coating line complying by means of 
paragraph (e)(2) of this section shall operate said coating line on or 
after March 25, 1995, unless the owner or operator has complied with, 
and continues to comply with, paragraphs (e)(2) and (e)(6)(iv) of this 
section.
    (8) The control requirements in this paragraph apply to the wood 
coating line, which coats wooden globe stand components, at Replogle 
Globes, Inc. (Replogle) Broadview facility in Cook County, Illinois, 
instead of the control requirements in paragraphs (e)(1) and (e)(2) of 
this section. Compliance with this paragraph must be demonstrated 
through the applicable coating analysis test methods and procedures 
specified in paragraph (a)(4)(i) of this section.
    (i) After October 6, 1991, no coatings shall at any time be applied 
which exceed the following emission limitations for the specified 
coating.
    (A) 6.59 pounds (lbs) Volatile Organic Material (VOM) per gallon of 
stain (minus water and any compounds which are specifically exempted 
from the definition of VOM) as applied to

[[Page 618]]

coat wooden globe stand components. Such stain consists of 9250 
Walnut NGR Stain (RGI  W06000100), 9974 Cherry NGR 
Stain (RGI  W06003500) and 9943 Ash NGR Stain (RGI 
 W06003600). The Administrator must be notified at least ten 
(10) days prior to the use of any replacement stains.
    (B) 5.53 lbs VOM per gallon of Sanding Sealer (minus water and any 
compounds which are specifically exempted from the definition of VOM) as 
applied to coat wooden globe stand components. Such sealer consists of 
15304 High Build Sanding Sealer (RGI  W06003700). The 
Administrator must be notified at least ten (10) days prior to the use 
of any replacement sanding sealer.
    (C) 5.20 lbs VOM per gallon of lacquer (minus water and any 
compounds which are specifically exempted from the definition of VOM) as 
applied to coat wooden globe stand components. Such lacquer consists of 
15352 High Build Lacquer (RGI  W06003300). The 
Administrator shall be notified at least ten (10) days prior to the use 
of any replacement lacquer.
    (ii) After October 6, 1991, the volume of coatings used shall not 
exceed the following:
    (A) 5,000 gallons per year total for all coatings specified in 
paragraph (e)(8)(i)(A) of this section. The yearly volume of coatings 
used are to be calculated as follows:
    (1) Compute the volume of specified coating used each month by the 
15th of the following month.
    (2) By the 15th of each month, add the monthly coating use for the 
12 previous months (to obtain the yearly volume of coatings used).
    (B) 4,000 gallons per year total for all coatings specified in 
paragraph (e)(8)(i)(B) of this section. The yearly volume of the 
coatings used are to be calculated as specified in paragraphs 
(e)(8)(ii)(A)(1) and (e)(8)(ii)(A)(2) of this section.
    (C) 5,000 gallons per year total for all coatings specified in 
paragraph (e)(8)(i)(C) of this section. The yearly volume of coatings 
used are to be calculated as specified in paragraphs (e)(8)(ii)(A)(1) 
and (e)(8)(ii)(A)(2) of this section.
    (iii) Beginning on October 6, 1991, the owner and operator of the 
Replogle Globes, Inc. plant in Broadview, Illinois shall keep the 
following records for each month. All records shall be retained at 
Replogle Globes, Inc. for three (3) years and shall be made available to 
the Administrator on request.
    (A) the name and identification number of each coating as applied on 
any wood coating line.
    (B) The weight of VOM per volume (determined in accordance with the 
procedures in paragraph (a)(4)(i) of this section) and the volume of 
each coating (minus water and any compounds which are specifically 
exempted from the definition of VOM) as applied each month on any wood 
coating line.
    (9) [Reserved]
    (10) Until December 31, 1996, the control and recordkeeping 
requirements in this paragraph apply to the three solvent-based 
polyester paper coating lines (Lines C, D and E) at Riverside 
Laboratories' Kane County, Illinois facility, instead of the control 
requirements in paragraphs (e)(1) and (e)(2) of this section and the 
recordkeeping requirements in paragraph (e)(6) of this section. 
Compliance with this paragraph must be demonstrated through the 
applicable coating analysis test methods and procedures specified in 
paragraph (a)(4)(i) of this section. The requirements in paragraphs 
(e)(1), (e)(2), and (e)(6) of this section shall apply to Riverside on 
and after December 31, 1996.
    (i) After December 21, 1995, no coatings shall at any time be 
applied on Lines C, D or E which exceed 3.5 pounds (lbs.) volatile 
organic material (VOM) per gallon of coating (minus water and any 
compounds which are specifically exempted from the definition of VOM), 
except as provided in paragraph (e)(10)(ii) of this section.
    (ii) After December 21, 1995, the following specifically identified 
coatings may exceed 3.5 lbs. VOM per gallon of coating (minus water and 
any compounds which are specifically exempted from the definition of 
VOM) only if they are applied on Line E and they do not exceed the 
limits indicated below (minus water and any compounds which are 
specifically exempted from the definition of VOM):


[[Page 619]]


EXP-5027--4.34 lbs./gallon
PD 75 CLR--4.19 lbs./gallon
PD 75 BRN--4.18 lbs./gallon
SQZ-54--3.88 lbs./gallon
SPX-34GL--3.51 lbs./gallon

    (iii) That portion of Riverside's polyester production which is 
manufactured with the use of any VOC, from Lines C, D, and E, may not 
exceed the following levels: 35 million square feet per year during and 
after 1992, 29 million square feet per year during and after 1994, and 
25 million square feet during 1996. Compliance with this requirement 
shall be determined by adding the polyester production from any 12 
consecutive months during and after the years indicated, through 1996. 
That is, the polyester production for any 12 consecutive months starting 
with January 1992 cannot exceed 35 million square feet; the polyester 
production from any 12 consecutive months starting with January 1994 
cannot exceed 29 million square feet; and the polyester production for 
the twelve months from January through December 1996 cannot exceed 25 
million square feet. Only those square feet of polyester whose 
production involves the use of VOC need to be restricted by the 
production levels in this paragraph (e)(10)(iii) of this section.
    (iv) By December 21, 1995, Riverside shall certify to the 
Administrator that its polyester coating operations will be in 
compliance with paragraphs (e)(10)(i), (e)(10)(ii), and (e)(10)(iii) of 
this section. Such certification shall include the following:
    (A) The name and identification number of each coating as applied on 
coating lines C, D and E.
    (B) The weight of VOM per volume of each coating (minus water and 
any compounds which are specifically exempted from the definition of 
VOM) as applied on each coating line.
    (v) The Administrator must be notified at least 10 days prior to the 
use of any polyester coating not previously identified pursuant to 
paragraph (e)(10)(iv) of this section. This notification must include 
the information specified in paragraphs (e)(10)(iv)(A) and 
(e)(10)(iv)(B) of this section.
    (vi) On and after December 21, 1995, Riverside shall collect and 
record all of the following information each day for each coating and 
maintain the information at the facility for a period of 3 years:
    (A) The name and identification number of each coating as applied.
    (B) The weight of VOM per volume of each coating (minus water and 
any compounds which are specifically exempted from the definition of 
VOM) as applied each day.
    (C) Any record showing a VOM content in excess of the emission 
limits in paragraph (e)(10)(i) or (e)(10)(ii) of this section shall be 
reported by sending a copy of such record to the Administrator within 30 
days following its collection.
    (D) Any VOM besides acetone used in any coating must be identified.
    (vii) Starting with the first full month after December 21, 1995, 
Riverside shall collect and record the figures on polyester production 
(in square feet), for each month and maintain the information at the 
facility for a period of at least 3 years.
    (viii) Regardless of any other provision of paragraph (e)(10) of 
this section, after August 21, 1995 no coating which contains any VOM 
other than acetone shall at any time be applied on Line C, D, or E which 
exceeds 2.9 lbs. VOM per gallon of coating (minus water and any 
compounds which are specifically exempted from the definition of VOM).
    (f)-(g) [Reserved]
    (h) Printing and publishing--(1) Flexographic and rotogravure 
printing. (i) No owner or operator of a subject flexographic, packaging 
rotogravure or publication rotogravure printing line shall apply at any 
time any coating or ink unless the VOM content does not exceed the 
limitation specified in either paragraph (h)(1)(i)(A) or (B) of this 
section. Compliance with this paragraph must be demonstrated through the 
applicable coating or ink analysis test methods and procedures specified 
in paragraph (a)(4)(i) of this section and the recordkeeping and 
reporting requirements specified in paragraph (h)(4)(ii) of this 
section. As an alternative to compliance with paragraph (h)(1)(i) of 
this section, a subject printing line may meet the requirements of 
paragraph (h)(1)(ii) or (iii) of this section.

[[Page 620]]

    (A) Forty percent VOM by volume of the coating and ink (minus water 
and any compounds which are specifically exempted from the definition of 
VOM), or
    (B) Twenty-five percent VOM by volume of the volatile content in the 
coating and ink.
    (ii) No owner or operator of a subject flexographic, packaging 
rotogravure or publication rotogravure printing line shall apply 
coatings or inks on the subject printing line unless the weighted 
average, by volume, VOM content of all coatings and inks as applied each 
day on the subject printing line does not exceed the limitation 
specified in either paragraph (h)(1)(i)(A) (as determined by paragraph 
(h)(1)(ii)(A) or (h)(1)(i)(B) (as determined by paragraph (h)(1)(ii)(B) 
of this section. Compliance with this paragraph must be demonstrated 
through the applicable coating or ink analysis test methods and 
procedures specified in paragraph (a)(4)(i) of this section and the 
recordkeeping and reporting requirements specified in paragraph 
(h)(4)(iii) of this section.
    (A) The following equation shall be used to determine if the 
weighted average VOM content of all coatings and inks as applied each 
day on the subject printing line exceeds the limitation specified in 
paragraph (h)(1)(i)(A) of this section.
[GRAPHIC] [TIFF OMITTED] TC07NO91.009

Where:

VOM(i)(A)=The weighted average VOM content in units of 
percent VOM by volume of all coatings and inks (minus water and any 
compounds which are specifically exempted from the definition of VOM) 
used each day,
i=Subscript denoting a specific coating or ink as applied,
n=The number of different coatings and/or inks as applied each day on a 
printing line,
Ci=The VOM content in units of percent VOM by volume of each 
coating or ink as applied (minus water and any compounds which are 
specifically exempted from the definition of VOM),
Li=The liquid volume of each coating or ink as applied in 
units of l (gal),
Vsi=The volume fraction of solids in each coating or ink as 
applied, and
VVOMi=The volume fraction of VOM in each coating or ink as 
applied.

    (B) The following equation shall be used to determine if the 
weighted average VOM content of all coatings and inks as applied each 
day on the subject printing line exceeds the limitation specified in 
paragraph (h)(1)(i)(B) of this section.
[GRAPHIC] [TIFF OMITTED] TC07NO91.010

Where:

VOM(i)(B)=The weighted average VOM content in units of 
percent VOM by volume of the volatile content of all coatings and inks 
used each day,
i=Subscript denoting a specific coating or ink as applied,
n=The number of different coatings and/or inks as applied each day on 
each printing line,
Ci=The VOM content in units of percent VOM by volume of the 
volatile matter in each coating or ink as applied,
Li=The liquid volume of each coating or ink as applied in 
units of l (gal), and
VVMi=The volume fraction of volatile matter in each coating 
or ink as applied.

    (iii) No owner or operator of a subject flexographic, packaging 
rotogravure or publication rotogravure printing line equipped with a 
capture system and control device shall operate the subject printing 
line unless the owner or operator meets the requirements in paragraph 
(h)(1)(iii) (A), (B) or (C) and paragraphs (h)(1)(iii) (D), (E) and (F) 
of this section.
    (A) A carbon adsorption system is used which reduces the captured 
VOM emissions by at least 90 percent by weight, or
    (B) An incineration system is used which reduces the captured VOM 
emissions by at least 90 percent by weight, or
    (C) An alternative VOM emission reduction system is demonstrated to 
have at least a 90 percent control device efficiency and the alternative 
emission reduction system is approved

[[Page 621]]

by the Administrator as a SIP or FIP revisions, and
    (D) The printing line is equipped with a capture system and control 
device that provides an overall reduction in VOM emissions of at least:
    (1) 75 percent where a publication rotogravure printing line is 
employed, or
    (2) 65 percent where a packaging rotogravure printing line is 
employed, or
    (3) 60 percent where a flexographic printing line is employed, and
    (E) The control device is equipped with the applicable monitoring 
equipment specified in paragraph (a)(4)(iv)(B) of this section and the 
monitoring equipment is installed, calibrated, operated and maintained 
according to vendor specifications at all times the control device is in 
use, and
    (F) The capture system and control device are operated at all times 
when the subject printing line is in operation. The owner or operator 
shall demonstrate compliance with this paragraph by using the applicable 
capture system and control device test methods and procedures specified 
in paragraphs (a)(4) (iii) through (vi) of this section and by complying 
with the recordkeeping and reporting requirements specified in paragraph 
(h)(4)(iv) of this section.
    (2) Applicability. (i) The limitations of paragraph (h)(1) of this 
section apply to all flexographic and rotogravure printing lines at a 
subject facility. All facilities with flexographic and/or rotogravure 
printing lines are subject facilities unless:
    (A) Total maximum theoretical emissions of VOM from all flexographic 
and rotogravure printing line(s) at the facility never exceed 90.7 Mg 
(100 tons) per calendar year before the application of capture systems 
and control devices, or
    (B) A federally enforceable construction permit or SIP or FIP 
revision for all flexographic and rotogravure printing line(s) at a 
facility requires the owner or operator to limit production or capacity 
of these printing line(s) to reduce total VOM emissions from all 
flexographic and rotogravure printing line(s) to 90.7 Mg (100 tons) or 
less per calendar year before the application of capture systems and 
control devices.
    (ii) Upon achieving compliance with paragraph (h) of this section, 
the emission source is not required to meet subpart K (sections 215.301 
or 215.302) of 35 Ill. Adm. Code 215 (incorporated by reference as 
specified in 40 CFR 52.742). Emission sources exempt from paragraph (h) 
of this section are subject to subpart K (sections 215.301 or 215.302). 
Rotogravure or flexographic equipment used for both roll printing and 
paper coating are subject to paragraph (h) of this section.
    (iii) Once subject to the limitations of paragraph (h)(1) of this 
section, a flexographic or rotogravure printing line is always subject 
to the limitations of paragraph (h)(1) of this section.
    (iv) Any owner or operator of any flexographic or rotogravure 
printing line that is exempt from the limitations of paragraph (h)(1) of 
this section because of the criteria in paragraph (h)(2) of this section 
is subject to the recordkeeping and reporting requirements specified in 
paragraph (h)(4)(i) of this section.
    (3) Compliance schedule. Every owner or operator of a flexographic 
and/or rotogravure printing line shall comply with the applicable 
requirements of paragraph (h)(1) of this section and paragraph (h)(4) of 
this section in accordance with the applicable compliance schedule 
specified in paragraph (h)(3) (i), (ii), (iii) or (iv) of this section.
    (i) No owner or operator of a flexographic or rotogravure printing 
line which is exempt from the limitations of paragraph (h)(1) of this 
section because the criteria in paragraph (h)(2) of this section shall 
operate said printing line on or after July 1, 1991, unless the owner or 
operator has complied with, and continues to comply with, paragraph 
(h)(4)(i) of this section.
    (ii) No owner or operator of a flexographic or rotogravure printing 
line complying by means of paragraph (h)(1)(i) of this section shall 
operate said printing line on or after July 1, 1991, unless the owner or 
operator has complied with, and continues to comply with, paragraphs 
(h)(1)(i) and (h)(4)(ii) of this section.
    (iii) No owner or operator of a flexographic or rotogravure printing 
line complying by means of paragraph (h)(1)(ii) of this section shall 
operate

[[Page 622]]

said printing line on or after July 1, 1991, unless the owner or 
operator has complied with, and continues to comply with, paragraphs 
(h)(1)(ii) and (h)(4)(iii) of this section.
    (iv) No owner or operator of a flexographic or rotogravure printing 
line complying by means of paragraph (h)(1)(iii) of this section shall 
operate said printing line on or after July 1, 1991, unless the owner or 
operator has complied with, and continues to comply with, paragraphs 
(h)(1)(iii) and (h)(4)(iv) of this section.
    (4) Recordkeeping and reporting. The VOM content of each coating and 
ink and the efficiency of each capture system and control device shall 
be determined by the applicable test methods and procedures specified in 
paragraph (a)(4) of this section to establish the records required under 
paragraph (h)(4) of this section.
    (i) Any owner or operator of a printing line which is exempted from 
the limitations of paragraph (h)(1) of this section because of the 
criteria in paragraph (h)(2) of this section shall comply with the 
following:
    (A) By July 1, 1991, the owner or operator of a facility to which 
paragraph (h)(4)(i) of this section is applicable shall certify to the 
Administrator that the facility is exempt under the provisions of 
paragraph (h)(2) of this section. Such certification shall include:
    (1) A declaration that the facility is exempt from the limitations 
of the criteria in paragraph (h)(1) of this section because of paragraph 
(h)(2) of this section, and
    (2) Calculations which demonstrate that total maximum theoretical 
emissions of VOM from all flexographic and rotogravure printing lines at 
the facility never exceed 90.7 Mg (100 tons) per calendar year before 
the application of capture systems and control devices. Total maximum 
theoretical emissions of VOM for a flexograhpic or rotogravure printing 
facility is the sum of maximum theoretical emissions of VOM from each 
flexographic and rotogravure printing line at the facility. The 
following equation shall be used to calculate total maximum theoretical 
emissions of VOM per calendar year before the application of capture 
systems and control devices for each flexographic and rotogravure 
printing line at the facility:


Ep = A x B

Where:

Ep=Total maximum theoretical emissions of VOM from one 
flexographic or rotogravure printing line in units of kg/year (lbs/
year),
A=Weight of VOM per volume of solids of the coating or ink with the 
highest VOM content as applied each year on the printing line in units 
of kg VOM/l (lbs VOM/gal) of coating or ink solids, and
B=Total volume of solids for all coatings and inks that can potentially 
be applied each year on the printing line in units of l/year (gal/year). 
The instrument and/or method by which the owner or operator accurately 
measured or calculated the volume of each coating and ink as applied and 
the amount that can potentially be applied each year on the printing 
line shall be described in the certification to the Administrator.

    (B) On and after July 1, 1991, the owner or operator of a facility 
referenced in paragraph (h)(4)(i) of this section shall collect and 
record all of the following information each year for each printing line 
and maintain the information at the facility for a period of three 
years:
    (1) The name and identification number of each coating and ink as 
applied on each printing line.
    (2) The VOM content and the volume of each coating and ink as 
applied each year on each printing line.
    (C) On and after July 1, 1991, the owner or operator of a facility 
exempted from the limitations of paragraph (h)(1) of this section 
because of the criteria in paragraph (h)(2) of this section shall notify 
the Administrator of any record showing that total maximum theoretical 
emissions of VOM from all printing lines exceed 90.7 Mg (100 tons) in 
any calendar year before the application of capture systems and control 
devices, shall be reported by sending a copy of such record to the 
Administrator within 30 days after the exceedance occurs.
    (ii) Any owner or operator of a printing line subject to the 
limitations of paragraph (h)(1) of this section and complying by means 
of paragraph (h)(1)(i) of this section shall comply with the following:
    (A) By July 1, 1991, or upon initial start-up of a new printing 
line, or upon changing the method of compliance

[[Page 623]]

from an existing subject printing line from paragraph (h)(1) (ii) or 
(iii) of this section to paragraph (h)(1)(i) of this section, the owner 
or operator of a subject printing line shall certify to the 
Administrator that the printing line will be in compliance with 
paragraph (h)(1)(i) of this section on and after July 1, 1991, or on and 
after the initial start-up date. Such certification shall include:
    (1) The name and identification number of each coating and ink as 
applied on each printing line.
    (2) The VOM content of each coating and ink as applied each day on 
each printing line.
    (B) On and after July 1, 1991, or on and after the initial start-up 
date, the owner or operator of a printing line subject to the 
limitations of paragraph (h)(1) of this section and complying by means 
of paragraph (h)(1)(i) of this section shall collect and record all of 
the following information each day for each coating line and maintain 
the information at the facility for a period of three years:
    (1) The name and identification number of each coating and ink as 
applied on each printing line.
    (2) The VOM content of each coating and ink as applied each day on 
each printing line.
    (C) On and after July 1, 1991, the owner or operator of a subject 
printing line shall notify the Administrator in the following instances:
    (1) Any record showing violation of paragraph (h)(1)(i) of this 
section shall be reported by sending a copy of such record to the 
Administrator within 30 days following the occurrence of the violation.
    (2) At least 30 calendar days before changing the method of 
compliance with paragraph (h)(1) of this section from paragraph 
(h)(1)(i) of this section to paragraph (h)(1) (ii) or (iii) of this 
section, the owner or operator shall comply with all requirements of 
paragraph (h)(4) (iii)(A) or (iv)(A) of this section respectively. Upon 
changing the method of compliance with paragraph (h)(1) from paragraph 
(h)(1)(i) to paragraph (h)(1) (ii) or (iii) of this section, the owner 
or operator shall comply with all requirements of paragraph (h)(4) (iii) 
or (iv) of this section, respectively.
    (iii) Any owner or operator of a printing line subject to the 
limitations of paragraph (h)(1) of this section and complying by means 
of paragraph (h)(1)(ii) of this section shall comply with the following:
    (A) By July 1, 1991, or upon initial start-up of a new printing 
line, or upon changing the method of compliance for an existing subject 
printing line from paragraph (h)(1) (i) or (iii) of this section to 
paragraph (h)(1)(ii) of this section, the owner or operator of the 
subject printing line shall certify to the Administrator that the 
printing line will be in compliance with paragraph (h)(1)(ii) of this 
section on and after July 1, 1991, or on and after the initial start-up 
date. Such certification shall include:
    (1) The name and identification number of each printing line which 
will comply by means of paragraph (h)(1)(ii) of this section.
    (2) The name and identification number of each coating and ink 
available for use on each printing line.
    (3) The VOM content of each coating and ink as applied each day on 
each printing line.
    (4) The instrument or method by which the owner or operator will 
accurately measure or calculate the volume of each coating and ink as 
applied each day on each printing line.
    (5) The method by which the owner or operator will create and 
maintain records each day as required in paragraph (h)(4)(iii)(B) of 
this section.
    (6) An example of the format in which the records required in 
paragraph (h)(4)(iii)(B) of this section will be kept.
    (B) On and after July 1, 1991, or on and after the initial start-up 
date, the owner or operator of a printing line subject to the 
limitations of paragraph (h)(1) of this section and complying by means 
of paragraph (h)(1)(ii) of this section shall collecting line and 
maintain the information at the facility for a period of three years:
    (1) The name and identification number of each coating and ink as 
applied on each printing line.

[[Page 624]]

    (2) The VOM content and the volume of each coating and ink as 
applied each day on each printing line.
    (3) The daily-weighted average VOM content of all coatings and inks 
as applied on each printing line.
    (C) On and after July 1, 1991, the owner or operator of a subject 
printing line shall notify the Administrator in the following instances:
    (1) Any record showing violation of paragraph (h)(1)(ii) of this 
section shall be reported by sending a copy of such record to the 
Administrator within 30 days following the occurrence of the violation.
    (2) At least 30 calendar days before changing the method of 
compliance with paragraph (h)(1) of this section from paragraph 
(h)(1)(ii) to paragraph (h)(1)(i) or (iii) of this section, the owner or 
operator shall comply with all requirements of paragraph (h)(4)(ii)(A) 
or (iv)(A), respectively. Upon changing the method of compliance with 
paragraph (h)(1) from paragraph (h)(1)(ii) to paragraph (h)(1)(i) or 
(iii), the owner or operator shall comply with all requirements of 
paragraph (h)(4)(ii) or (iv) of this section, respectively.
    (iv) Any owner or operator of a printing line subject to the 
limitations of paragraph (h)(1) of this section and complying by means 
of paragraph (h)(1)(iii) of this section shall comply with the 
following:
    (A) By July 1, 1991, or upon initial start-up of a new printing 
line, or upon changing the method of compliance for an existing printing 
line from paragraph (h)(1)(i) or (ii) of this section to paragraph 
(h)(1)(iii) of this section, the owner or operator of the subject 
printing line shall perform all tests and submit to the Administrator 
the results of all tests and calculations necessary to demonstrate that 
the subject printing line will be in compliance with paragraph 
(h)(1)(iii) of this section on and after July 1, 1991, or on and after 
the initial start-up date.
    (B) On and after July 1, 1991, or on and after the initial start-up 
date, the owner or operator of a printing line subject to the 
limitations of paragraph (h)(1) of this section and complying by means 
of paragraph (h)(1)(iii) of this section shall collect and record all of 
the following information each day for each printing line and maintain 
the information at the facility for a period of three years:
    (1) Control device monitoring data.
    (2) A log of operating time for the capture system, control device, 
monitoring equipment and the associated printing line.
    (3) A maintenance log for the capture system, control device and 
monitoring equipment detailing all routine and non-routine maintenance 
performed including dates and duration of any outages.
    (C) On and after July 1, 1991, the owner or operator of a subject 
printing line shall notify the Administration in the following 
instances:
    (1) Any record showing violation of paragraph (h)(1)(iii) of this 
section shall be reported by sending a copy of such record to the 
Administrator within 30 days following the occurrence of the violation.
    (2) At least 30 calendar days before changing the method of 
compliance with paragraph (h)(1) from paragraph (h)(1)(iii) to paragraph 
(h)(1) (i) or (ii), the owner or operator shall comply with all 
requirements of paragraph (h)(4) (ii)(A) or (iii)(A) of this section, 
respectively. Upon changing the method of compliance with paragraph 
(h)(1) from paragraph (h)(1)(iii) to paragraph (h)(1) (i) or (ii) of 
this section, the owner or operator shall comply with all requirements 
of paragraph (h)(4) (ii) or (iii) of this section, respectively.
    (5) Heatset-web-offset lithographic printing--(i) Applicability. (A) 
The limitations of paragraph (h)(5)(ii) of this section apply to all 
heatset-web-offset lithographic printing lines at a subject facility. 
All facilities with heatset-web-offset lithographic printing lines are 
subject facilities unless:
    (1) Total maximum theoretical emissions of VOM from all heatset-web-
offset lithographic printing lines at the facility never exceed 90.7 Mg 
(100 tons) per calendar year in the absence of air pollution control 
equipment, or
    (2) A federally enforceable construction permit or SIP or FIP 
revision for all heatset-web-offset lithographic printing line(s) at a 
facility requires the owner or operator to limit production or capacity 
of these printing

[[Page 625]]

line(s) to reduce total VOM emissions from all heatset-web-offset 
lithographic printing line(s) to 90.7 Mg (100 tons) per calendar year or 
less in the absence of air pollution control equipment, and
    (B) Any owner or operator of any heatset-web-offset lithographic 
printing line that is exempt from the limitations in paragraph 
(h)(5)(ii) of this section because of the criteria in paragraph 
(h)(5)(i)(A) of this section shall be subject to the recordkeeping and 
reporting requirements in paragraph (h)(5)(iii)(A) of this section.
    (ii) Specific provisions. No owner or operator of a subject heatset-
web-offset printing line may cause or allow the operation of the subject 
heatset-web-offset printing line unless the owner or operator meets the 
requirements in paragraph (h)(5)(ii) (A) or (B) of this section and the 
requirements in paragraphs (h)(5)(ii) (C) and (D) of this section.
    (A) An afterburner system is installed and operated that reduces 90 
percent of the VOM emissions from the dryer exhaust, or
    (B) The fountain solution contains no more than 8 percent, by 
weight, of VOM and a condensation recovery system is installed and 
operated that removes at least 75 percent of the non-isopropyl alcohol 
organic materials from the dryer exhaust, and
    (C) The control device is equipped with the applicable monitoring 
equipment specified in paragraph (a)(4)(iv)(B) of this section and the 
monitoring equipment is installed, calibrated, operated and maintained 
according to vendor specifications at all times the control device is in 
use, and
    (D) The control device is operated at all times when the subject 
printing line is in operation. The owner or operator shall demonstrate 
compliance with paragraph (h)(5) of this section by using the applicable 
test methods and procedures specified in paragraphs (a)(4) (i), (iv), 
and (vi) of this section and by complying with the recordkeeping and 
reporting requirements specified in paragraph (h)(5)(iii) of this 
section.
    (iii) Recordkeeping and reporting. The VOM content of each fountain 
solution and ink and the efficiency of each control device shall be 
determined by the applicable test methods and procedures specified in 
paragraph (a)(4) of this section to establish the records required under 
paragraph (h)(5)(iii) of this section.
    (A) Any owner or operator of a printing line which is exempted from 
the limitations of paragraph (h)(5)(ii) of this section because of the 
criteria in paragraph (h)(5)(i) of this section shall comply with the 
following:
    (1) By July 1, 1991, the owner or operator of a facility to which 
paragraph (h)(5)(iii)(A) of this section is applicable shall certify to 
the Administrator that the facility is exempt under the provisions of 
paragraph (h)(5)(i) of this section. Such certification shall include:
    (i) A declaration that the facility is exempt from the limitations 
of paragraph (h)(5)(ii) of this section because of the criteria in 
paragraph (h)(5)(i) of this section, and
    (ii) Calculations which demonstrate that total maximum theoretical 
emissions of VOM from all heatset-web-offset lithographic printing lines 
at the facility never exceed 90.7 Mg (100 tons) per calendar year before 
the application of air pollution control equipment. Total maximum 
theoretical emissions of VOM for a heatset-web-offset lithographic 
printing facility is the sum of maximum theoretical emissions of VOM 
from each heatset-web-offset lithographic printing line at the facility. 
The following equation shall be used to calculate total maximum 
theoretical emissions of VOM per calendar year in the absence of air 
pollution control equipment for each heatset-web-offset lithographic 
printing line at the facility.
[GRAPHIC] [TIFF OMITTED] TC07NO91.011

Where:

Ep=Total maximum theoretical emissions of VOM from one 
heatset-web-offset printing line in units of kg/year (lbs/year),
A=Weight of VOM per volume of solids of ink with the highest VOM content 
as applied each year on the printing line in units of kg VOM/l (lbs VOM/
gal) of solids, and
B=Total volume of solids for all inks that can potentially be applied 
each year on the

[[Page 626]]

printing line in units of l/year (gal/year). The instrument or method by 
which the owner or operator accurately measured or calculated the volume 
of each ink as applied and the amount that can potentially be applied 
each year on the printing line shall be described in the certification 
to the Administrator.
C=The weight percent VOM of the fountain solution with the highest VOM 
content.
D=The total volume of fountain solution that can potentially be used 
each year on the printing line in units of l/year (gal/year). The 
instrument and/or method by which the owner or operator accurately 
measured or calculated the volume of each fountain solution used and the 
amount that can potentially be used each year on the printing line shall 
be described in the certification to the Administrator.

    (2) On and after July 1, 1991, the owner or operator of a facility 
to which paragraph (h)(5)(iii)(A) of this section is applicable shall 
collect and record all of the following information each year for each 
printing line and maintain the information at the facility for a period 
of three years:
    (i) The name and identification of each fountain solution and ink as 
applied on each printing line.
    (ii) The VOM content and the volume of each fountain solution and 
ink as applied each year on each printing line.
    (3) On and after July 1, 1991, the owner or operator of a facility 
exempted from the limitations of paragraph (h)(5)(ii) of this section 
because of the criteria in paragraph (h)(5)(i) of this section shall 
notify the Administrator of any record showing that total maximum 
theoretical emissions of VOM from all printing lines exceed 90.7 Mg (100 
tons) in any calendar year in the absence of air pollution control 
equipment shall be reported by sending a copy of such record to the 
Administrator within 30 days after the exceedance occurs.
    (B) Any owner or operator of a printing line subject to the 
limitations of paragraph (h)(5)(ii) of this section and complying by 
means of paragraph (h)(5)(ii)(A) of this section shall comply with the 
following:
    (1) By July 1, 1991, or upon initial start-up of a new printing 
line, or upon changing the method of compliance for an existing printing 
line from paragraph (h)(5) (ii)(B) to (ii)(A) of this section, the owner 
or operator of the subject printing line shall perform all tests and 
submit to the Administrator the results of all tests and calculations 
necessary to demonstrate that the subject printing line will be in 
compliance with paragraph (h)(5)(ii)(A) of this section on and after 
July 1, 1991, or on and after the initial start-up date.
    (2) On and after July 1, 1991, or on and after the initial start-up 
date, the owner or operator of a printing line subject to the 
limitations of paragraph (h)(5)(ii) of this section and complying by 
means of paragraph (h)(5)(ii)(A) of this section shall collect and 
record the following information each day for each printing line and 
maintain the information at the facility for a period of three years:
    (i) Control device monitoring data.
    (ii) A log of operating time for the control device, monitoring 
equipment and the associated printing line.
    (iii) A maintenance log for the control device and monitoring 
equipment detailing all routine and nonroutine maintenance performed 
including dates and duration of any outages.
    (3) On and after July 1, 1991, the owner or operator of a subject 
printing line shall notify the Administrator in the following instances:
    (i) Any record showing violation of paragraph (h)(5)(ii)(A) of this 
section shall be reported by sending a copy of such record to the 
Administrator within 30 days following the occurrence of the violation.
    (ii) At least 30 calendar days before changing the method of 
compliance with paragraph (h)(5)(ii) of this section from paragraph 
(h)(5) (ii)(A) to (ii)(B), the owner or operator shall comply with all 
requirements of paragraph (h)(5)(iii)(C)(1) of this section. Upon 
changing the method of compliance with paragraph (h)(5)(ii) from 
paragraph (h)(5) (ii)(A) to (ii)(B) of this section the owner or 
operator shall comply with all requirements of paragraph (h)(5)(iii)(C) 
of this section.
    (C) Any owner or operator of a printing line subject to the 
limitations of paragraph (h)(5)(ii) of this section and complying by 
means of paragraph (h)(5)(ii)(B) of this section shall comply with the 
following:
    (1) By July 1, 1991, or upon initial start-up of a new printing 
line, or upon

[[Page 627]]

changing the method of compliance for an existing printing line from 
paragraph (h)(5) (ii)(A) to (ii)(B) of this section, the owner or 
operator of the subject printing line shall perform all tests and submit 
to the Administrator the results of all tests and calculations necessary 
to demonstrate that the subject printing line will be in compliance with 
paragraph (h)(5)(ii)(B) of this section on and after July 1, 1991, or on 
and after the initial start-up date.
    (2) On and after July 1, 1991, or on and after the initial start-up 
date, the owner or operator of a printing line subject to the 
limitations of paragraph (h)(5)(ii) of this section and complying by 
means of paragraph (h)(5)(ii)(B) of this section shall collect and 
record the following information each day for each printing line and 
maintain the information at the facility for a period of three years:
    (i) The VOM content of the fountain solution used each day on each 
printing line.
    (ii) A log of operating time for the control device and the 
associated printing line.
    (iii) A maintenance log for the control device detailing all routine 
and non-routine maintenance performed including dates and duration of 
any outages.
    (3) On and after July 1, 1991, the owner or operator of a subject 
printing line shall notify the Administrator in the following instances:
    (i) Any record showing violation of paragraph (h)(5)(ii)(B) of this 
section shall be reported by sending a copy of such record to the 
Administrator within 30 days following the occurrence of the violation.
    (ii) At least 30 calendar days before changing the method of 
compliance with paragraph (h)(5)(ii) of this section from paragraph 
(h)(5)(ii)(B) to (h)(5)(ii)(A) of this section, the owner or operator 
shall comply with all requirements of paragraph (h)(5)(iii)(B)(1) of 
this section. Upon changing the method of compliance with paragraph 
(h)(5)(ii) of this section from paragraph (h)(5)(ii)(B) to (h)(5)(ii)(A) 
of this section, the owner or operator shall comply with all 
requirements of paragraph (h)(5)(iii)(B) of this section.
    (iv) Compliance schedule. Every owner or operator of a heatset-web-
offset lithographic printing line shall comply with the applicable 
requirements of paragraphs (h)(5) (ii) and (iii) of this section in 
accordance with the applicable compliance schedule specified in 
paragraph (h)(5)(iv) (A), (B) or (C) of this section.
    (A) No owner or operator of a heatset-web-offset lithographic 
printing line which is exempt from the limitations of paragraph 
(h)(5)(ii) of this section because of the criteria in paragraph 
(h)(5)(i) of this section shall operate said printing line on or after 
July 1, 1991, unless the owner or operator has complied with, and 
continues to comply with, paragraphs (h)(5)(iii)(A) and (h)(5)(ii)(A) of 
this section.
    (B) No owner or operator of a heatset-web-offset lithographic 
printing line complying by means of paragraph (h)(5)(ii)(A) of this 
section shall operate said printing line on or after July 1, 1991, 
unless the owner or operator has complied with, and continues to comply 
with, paragraphs (h)(5)(iii)(B) and (h)(5)(ii)(B) of this section.
    (C) No owner or operator of a heatset-web-offset lithographic 
printing line complying by means of paragraph (h)(5)(ii)(B) of this 
section shall operate said printing line on or after July 1, 1991, 
unless the owner or operator has complied with, and continues to comply 
with, paragraph (h)(5)(iii)(C) of this section.
    (6) The control and recordkeeping and reporting requirements, as 
well as the test methods in this paragraph, apply to the rotogravure and 
flexographic presses at General Packaging Products, Inc.'s (GPP) plant 
in Chicago, Illinois, instead of the requirements in 40 CFR 52.741(h)(1) 
through 40 CFR 52.741(h)(5).
    (i) After July 1, 1992, no inks or other volatile organic material 
(VOM) containing materials shall at any time be applied or used which 
have a higher percent VOM by weight than the following:
    (A) 8 percent VOM by weight for waterbased inks as applied on GPP's 
presses.

[[Page 628]]

    (B) 82 percent VOM by weight for solvent based inks as applied on 
GPP's presses.
    (C) 100 percent VOM by weight for all other VOM containing materials 
(besides inks) as used on GPP's presses.
    (ii) After July 1, 1992, the weight of ink and other VOM containing 
materials used shall not exceed the following:
    (A) 200,000 pounds per year total for all waterbased inks, as 
applied (including dilution material). The yearly weight of waterbased 
inks used is to be calculated according to the procedure in paragraph 
(h)(6)(iii) of this section.
    (B) 100,008 pounds per year total for all solvent based inks, as 
applied (including dilution material). The yearly weight of solvent 
based inks used is to be calculated according to the procedure in 
paragraph (h)(6)(iii) of this section.
    (C) 100,000 pounds per year total (based upon the formulation of the 
material as it is used on the presses) for all other VOM containing 
materials (besides inks). The yearly weight of other VOM containing 
materials is to be calculated according to the procedure in paragraph 
(h)(6)(iii) of this section.
    (iii) The yearly weight of ink/material used is to be calculated as 
follows:
    (A) Compute the weight of ink/material used each month by the 15th 
of the following month.
    (B) By the 15th of each month, add the monthly ink/material usage 
for the 12 previous months (to obtain the yearly weight of ink/material 
used).
    (iv) Beginning on July 1, 1992, the owner and operator of GPP's 
plant in Chicago, Illinois, shall keep the following records for each 
month. All records shall be retained at GPP for 3 years and shall be 
made available to the Administrator on request:
    (A) The name and identification number of each waterbased ink, each 
solvent based ink, and each other VOM containing material as applied or 
used on any press.
    (B) The pounds of waterbased ink as applied on all presses for each 
month and the percent VOM by weight for each waterbased ink as applied 
on any press for each month.
    (C) The pounds of solvent based ink as applied on all presses for 
each month and the percent VOM by weight for each solvent based ink as 
applied on any press for each month.
    (D) The pounds of other (non-ink) VOM containing material used on 
all presses for each month and the percent VOM by weight for each (non-
ink) VOM containing material as used on any press for each month.
    (v) Any record showing a violation of paragraph (h)(6)(i) or 
(h)(6)(ii) of this section shall be reported by sending a copy of such 
record to the Administrator within 30 days of the violation.
    (vi) To determine compliance with paragraphs (h)(6)(i) and 
(h)(6)(ii) of this section and to establish the records required under 
paragraph (h)(6)(iv) of this section the percent VOM by weight of each 
ink and other VOM containing material shall be determined by the 
applicable test methods and procedures specified in paragraph (a)(4) of 
this section.
    (i) Leaks from synthetic organic chemical and polymer manufacturing 
equipment--(1) Inspection program for leaks. The owner or operator of a 
synthetic organic chemical or polymer manufacturing plant subject to 
paragraph (i) and subpart Q (sections 215.430, 215.431, 215.433, 
215.434, 215.435, and 215.437) of Ill. Adm. Code 215 (incorporated by 
reference as specified in 40 CFR 52.742) shall, for the purposes of 
detecting leaks, conduct a component inspection program using the test 
methods specified in Method 21, 40 CFR part 60, appendix A, consistent 
with the following provisions:
    (i) Test annually those components operated near extreme temperature 
or pressure such that they would be unsafe to routinely monitor and 
those components which would require the elevation of monitoring 
personnel higher than two meters above permanent worker access 
structures or surfaces.
    (ii) Test quarterly all other pressure relief valves in gas service, 
pumps in light liquid service, valves in light liquid service and in gas 
service, and compressors.
    (iii) If less than or equal to 2 percent of the valves in light 
liquid service and

[[Page 629]]

in gas service tested pursuant to paragraph (i)(1)(ii) of this section 
are found not to leak for five consecutive quarters, no leak tests shall 
be required for three consecutive quarters. Thereafter, leak tests shall 
resume for the next quarter. If that test shows less than or equal to 2 
percent of the valves in light liquid service and in gas service are 
leaking, then no tests are required for the next three quarters. If more 
than 2 percent are leaking, then tests are required for the next five 
quarters.
    (iv) Observe visually all pump seals weekly.
    (v) Test immediately any pump seal from which liquids are observed 
dripping.
    (vi) Test any relief valve within 24 hours after it has vented to 
the atmosphere.
    (vii) Routine instrument monitoring of valves which are not 
externally regulated, flanges, and equipment in heavy liquid service, is 
not required. However, any valve which is not externally regulated, 
flange or piece of equipment in heavy liquid service that is found to be 
leaking on the basis of sight, smell or sound shall be repaired as soon 
as practicable but no later than 30 days after the leak is found.
    (viii) Test immediately after repair any component that was found 
leaking.
    (ix) Within one hour of its detection, a weatherproof, readily 
visible tag, in bright colors such as red or yellow, bearing an 
identification number and the date on which the leak was detected must 
be affixed on the leaking component and remain in place until the 
leaking component is repaired.
    (x) The following components are exempt from the monitoring 
requirements in paragraph (i)(1) of this section:
    (A) Any component that is in vacuum service, and
    (B) Any pressure relief valve that is connected to an operating 
flare header or vapor recovery device.
    (2) Alternative program for leaks. The Administrator shall approve 
an alternative program of monitoring, recordkeeping, or reporting to 
that prescribed in paragraph (i) and subpart Q (sections 215.430, 
215.431, 215.433, 215.434, 215.435, and 215.437) of Ill. Adm. Code 215 
(incorporated by reference as specified in 40 CFR 52.742), upon a 
demonstration by the owner or operator of such plant that the 
alternative program will provide plant personnel and USEPA personnel 
with an equivalent ability to identify and repair leaking components. 
Any alternative program can only be allowed if approved by the 
Administrator as a SIP or FIP revision.
    (j) Petroleum refining and related industries: asphalt materials--
(1) Monitoring program for leaks. (i) The owner or operator of a 
petroleum refinery subject to subpart R (section 215.445) of Ill. Adm. 
Code 215 (incorporated by reference as specified in 40 CFR 52.742) 
shall, for the purpose of detecting leaks, conduct a component 
monitoring program consistent with the following provisions:
    (A) Test once between March 1 and June 1 of each year, by methods 
referenced in paragraph (a)(4)(vii) of this section, all pump seals, 
pipeline valves in liquid service and process drains.
    (B) Test once each quarter of each calendar year, by methods 
referenced in paragraph (a)(4)(vii) of this section, all pressure relief 
valves in gaseous service, pipeline valves in gaseous service and 
compressor seals.
    (C) Inaccessible valves may be tested once each calendar year 
instead of once each quarter of each calendar year.
    (D) Observe visually all pump seals weekly.
    (E) Test immediately any pump seal from which liquids are observed 
dripping,
    (F) Test any relief valve within 24 hours after it has vented to the 
atmosphere, and
    (G) Test immediately after repair any component that was found 
leaking.
    (ii) Storage tank valves and pressure relief devices connected to an 
operating flare header or vapor recovery device are exempt from the 
monitoring requirements in paragraph (j)(1)(i) of this section.
    (iii) The Administrator may require more frequent monitoring than 
would otherwise be required by paragraph (j)(1)(i) of this section for 
components which are demonstrated to have a history of leaking.

[[Page 630]]

    (2) Alternative program for leaks. The Administrator may approve an 
alternative program of monitoring, recordkeeping or reporting to that 
prescribed in paragraph (j)(1) of this section and subpart R (sections 
215.446, 215.448, and 215.449) of Ill. Adm. Code 215 (incorporated by 
reference as specified in 40 CFR 52.742), upon a demonstration by the 
owner or operator of a petroleum refinery that the alternative program 
will provide refinery and USEPA personnel with an equivalent ability to 
identify and repair leaking components. Any alternative program can only 
be allowed if approved by the Administrator as a SIP or FIP revision.
    (3) Compliance schedule for leaks. The owner or operator of a 
petroleum refinery shall adhere to the increments of progress contained 
in the following schedule:
    (i) Submit to the Administrator a monitoring program consistent with 
subpart R (section 215.446) of Ill. Adm. Code 215 (incorporated by 
reference as specified in 40 CFR 52.742) prior to September 1, 1990.
    (ii) Submit to the Administrator the first monitoring report 
pursuant to subpart R (section 215.449) of Ill. Adm. Code 215 
(incorporated by reference as specified in 40 CFR 52.742) prior to 
October 1, 1990.
    (k)-(l) [Reserved]
    (m) Pharmaceutical manufacturing--(1) Applicability. (i) The rules 
of paragraph (m) of this section, except for paragraphs (m)(4) through 
(m)(6) of this section, apply to all emission sources of VOM, including 
but not limited to reactors, distillation units, dryers, storage tanks 
for VOL, equipment for the transfer of VOL, filters, crystallizers, 
washers, laboratory hoods, pharmaceutical coating operations, mixing 
operations and centrifuges used in manufacturing, including packaging, 
of pharmaceuticals, and emitting more than 6.8 kg/day (15 lbs/day) and 
more than 2,268 kg/year (2.5 tons/year) of VOM. If an emission source 
emits less than 2,268 kg/year (2.5 tons/year) of VOM, the requirements 
of this paragraph still apply to the emission source if VOM emissions 
from the emission source exceed 45.4 kg/day (100 lbs/day).
    (ii) Notwithstanding paragraph (m)(1)(i) of this section, the air 
suspension coater/dryer, fluid bed dryers, tunnel dryers, and 
Accelacotas located in Libertyville Township, Lake County, Illinois 
shall be exempt from the rules of paragraph (m) of this section, except 
for paragraphs (m)(4) through (m)(6) of this section, if emissions of 
VOM not vented to air pollution control equipment do not exceed the 
following levels:
    (A) For the air suspension coater/dryer: 2,268 kg/year (2.5 tons/
year);
    (B) For each fluid bed dryer: 4,535 kg/year (5.0 tons/year);
    (C) For each tunnel dryer: 6,803 kg/year (7.5 tons/year); and
    (D) For each Accelacota: 6,803 kg/year (7.5 tons/year).
    (iii) Paragraphs (m)(4) through (m)(6) of this section apply to a 
plant having one or more emission sources that:
    (A) Are used to manufacture pharmaceuticals, and
    (B) Emit more than 6.8 kg/day (15 lbs/day) of VOM and more than 
2,268 kg/year (2.5 tons/year) of VOM, or, if less than 2,268 kg/year 
(2.5 tons/year), these paragraphs still apply if emissions from one or 
more sources exceed 45.4 kg/day (100 lbs/day).
    (iv) No owner or operator shall violate any condition in a permit 
when the condition results in exclusion of an emission source from 
paragraph (m) of this section.
    (v) Any pharmaceutical manufacturing source that becomes subject to 
the provisions of paragraph (m) of this section at any time shall remain 
subject to the provisions of paragraph (m) of this section at all times.
    (vi) Emissions subject to paragraph (m) of this section shall be 
controlled at all times consistent with the requirements set forth in 
paragraph (m) of this section.
    (vii) Control devices required pursuant to paragraph (m) of this 
section shall be operated at all times when the source it is controlling 
is operated.
    (viii) Determinations of daily and annual emissions for purposes of 
paragraph (m)(1) of this section shall be made using both data on the 
hourly emission rate (or the emissions per unit of throughput) and 
appropriate daily and annual data from records of emission source 
operation (or material throughput or material consumption

[[Page 631]]

data). In the absence of representative test data pursuant to paragraph 
(m)(8) of this section for the hourly emission rate (or the emissions 
per unit of throughput), such items shall be calculated using 
engineering calculations, including the methods described in appendix B 
of ``Control of Volatile Organic Emissions from Manufacturing of 
Synthesized Pharmaceutical Products'' (EPA-450/2-78-029). (This 
subparagraph shall not affect the Administrator's authority to require 
emission tests to be performed pursuant to paragraph (m)(8) of this 
section.)
    (2) Control of reactors, distillation units, crystallizers, 
centrifuges and vacuum dryers. (i) The owner or operator shall equip all 
reactors, distillation units, crystallizers, centrifuges and vacuum 
dryers that are used to manufacture pharmaceuticals with surface 
condensers or other air pollution control equipment listed in paragraph 
(m)(2)(i)(B) of this section.
    (A) If a surface condenser is used, it shall be operated such that 
the condenser outlet gas temperature does not exceed:
    (1) 248.2 K (-13 [deg]F) when condensing VOM of vapor pressure 
greater than 40.0kPa (5.8 psi) at 294.3K (70 [deg]F), or
    (2) 258.2 K (5 [deg]F) when condensing VOM of vapor pressure greater 
than 20.0 kPa (2.9 psi) at 294.3 K (70 [deg]F), or
    (3) 273.2 K (32 [deg]F) when condensing VOM of vapor pressure 
greater than 10.0 kPa (1.5 psi) at 294.3 K (70 [deg]F), or
    (4) 283.2 K (50 [deg]F) when condensing VOM of vapor pressure 
greater than 7.0 kPa (1.0 psi) at 294.3 K (70 [deg]F), or
    (5) 298.2 K (77 [deg]F) when condensing VOM of vapor pressure 
greater than 3.45 kPa (0.5 psi) at 294.3 K (70 [deg]F).
    (B) If a scrubber, carbon adsorption, thermal afterburner, catalytic 
afterburner, or other air pollution control equipment other than a 
surface condenser is used, such equipment shall provide a reduction in 
the emissions of VOM of 90 percent or more.
    (ii) The owner or operator shall enclose all centrifuges used to 
manufacture pharmaceuticals and that have an exposed VOL surface, where 
the VOM in the VOL has a vapor pressure of 3.45 kPa (0.5 psi) or more at 
294.3 K (70 [deg]F), except as production, sampling, maintenance, or 
inspection procedures require operator access.
    (3) Control of air dryers, production equipment exhaust systems and 
filters. (i) The owner or operator of an air dryer or production 
equipment exhaust system used to manufacture pharmaceuticals shall 
control the emissions of VOM from such emission sources by air pollution 
control equipment which reduces by 90 percent or more the VOM that would 
otherwise be emitted into the atmosphere.
    (ii) The owner or operator shall enclose all rotary vacuum filters 
and other filters used to manufacture pharmaceuticals and that have an 
exposed VOL surface, where the VOM in the VOL has a vapor pressure of 
3.45 kPa (0.5 psi) or more at 294 K (70 [deg]F), except as production, 
sampling, maintenance, or inspection procedures require operator access.
    (4) Material storage and transfer. The owner or operator of a 
pharmaceutical manufacturing plant shall:
    (i) Provide a vapor balance system that is at least 90 percent 
effective in reducing VOM emissions from truck or railcar deliveries to 
storage tanks with capacities equal to or greater than 7.57 m\3\ (2,000 
gal) that store VOL with vapor pressures greater than 28.0 kPa (4.1 psi) 
at 294.3 K (70 [deg]F), and
    (ii) Install, operate, and maintain pressure/vacuum conservation 
vents set at 0.2 kPa (0.03 psi) or greater on all storage tanks that 
store VOL with vapor pressures greater than 10 kPa (1.5 psi) at 294.3 K 
(70 [deg]F).
    (5) In-process tanks. The owner or operator shall install covers on 
all in-process tanks used to manufacture pharmaceuticals and containing 
a VOL at any time. These covers must remain closed, except as 
production, sampling, maintenance or inspection procedures require 
operator access.
    (6) Leaks. The owner or operator of a pharmaceutical manufacturing 
plant shall repair any component from which a leak of VOL can be 
observed. The repair shall be completed as soon as practicable but no 
later than 15 days after the leak is found. If the leaking component 
cannot be repaired until the process unit is shut down, the leaking 
component must then be repaired before the unit is restarted.

[[Page 632]]

    (7) Other emission sources. The owner or operator of a washer, 
laboratory hood, tablet coating operation, mixing operation or any other 
process emission source not subject to paragraphs (m)(2) through (m)(6) 
of this section, and used to manufacture pharmaceuticals shall control 
the emissions of VOM from such emission sources by:
    (i) Air pollution control equipment which reduces by 81 percent or 
more the VOM that would otherwise be emitted to the atmosphere, or
    (ii) A surface condenser which captures all the VOM which would 
otherwise be emitted to the atmosphere and which meets the requirements 
of paragraph (m)(2)(i) of this section.
    (8) Testing. (i) Upon request by the Administrator, the owner or 
operator of any VOM emission source subject to paragraph (m) or exempt 
from paragraph (m) of this section by virtue of the provisions of 
paragraph (m)(1) of this section shall, at his own expense, demonstrate 
compliance to the Administrator by the methods or procedures listed in 
paragraph (a)(vi)(A) of this section.
    (ii) A person planning to conduct a VOM emissions test to 
demonstrate compliance with paragraph (m) of this section shall notify 
the Administrator of that intent not less than 30 calendar days before 
the planned initiation of the test.
    (9) Monitoring and recordkeeping for air pollution control 
equipment--(i) Monitoring. (A) At a minimum, continuous monitors for the 
following parameters shall be installed on air pollution control 
equipment used to control sources subject to paragraph (m) of this 
section:
    (1) Destruction device combustion temperature.
    (2) Temperature rise across a catalytic afterburner bed.
    (3) VOM concentration on a carbon absorption unit to determine 
breakthrough.
    (4) Outlet gas temperature of a refrigerated condenser.
    (5) Temperature of a non-refrigerated condenser coolant supply 
system.
    (B) Each monitor shall be equipped with a recording device.
    (C) Each monitor shall be calibrated quarterly.
    (D) Each monitor shall operate at all times while the associated 
control equipment is operating.
    (ii) Recordkeeping. (A) The owner or operator of a pharmaceutical 
manufacturing facility shall maintain the following records:
    (1) Parameters listed in paragraph (m)(9)(i)(A) of this section 
shall be recorded.
    (2) For sources subject to paragraph (m)(2) of this section, the 
vapor pressure of VOM being controlled shall be recorded for every 
process.
    (B) For any leak subject to paragraph (m)(6) of this section which 
cannot be readily repaired within one hour after detection, the 
following records shall be kept:
    (1) The name of the leaking equipment,
    (2) The date and time the leak is detected,
    (3) The action taken to repair the leak, and
    (4) The data and time the leak is repaired.
    (C) The following records shall be kept for emission sources subject 
to paragraph (m)(5) of this section which contain VOL:
    (1) For maintenance and inspection:
    (i) The date and time each cover is opened,
    (ii) The length of time the cover remains open, and
    (iii) The reason why the cover is opened.
    (2) For production and sampling, detailed written procedures or 
manufacturing directions specifying the circumstances under which covers 
may be opened and the procedures for opening covers.
    (D) For each emission source used in the manufacture of 
pharmaceuticals for which the owner or operator of a pharmaceutical 
manufacturing plant claims emission standards are not applicable, 
because the emissions are below the applicability cutoffs in paragraph 
(m)(1)(i) of this section or paragraph (m)(1)(ii) of this section the 
owner or operator shall:
    (1) Maintain a demonstration including detailed engineering 
calculations of the maximum daily and annual emissions for each such 
emission source showing that the emissions are below

[[Page 633]]

the applicability cutoffs in paragraph (m)(1)(i) or paragraph (m)(1)(ii) 
of this section, as appropriate, for the current and prior calendar 
years;
    (2) Maintain appropriate operating records for each such emission 
source to identify whether the applicability cutoffs in paragraph 
(m)(1)(i) or paragraph (m)(1)(ii) of this section, as appropriate, are 
ever exceeded; and
    (3) Provide written notification to the Administrator within 30 days 
of a determination that such an emission source has exceeded the 
applicability cutoffs in paragraph (m)(1)(i) or paragraph (m)(1)(ii) of 
this section, as appropriate.
    (E) Records required under paragraph (m)(9)(ii)(A) of this section 
shall be maintained by the owner or operator for a minimum of two years 
after the date on which they are made.
    (F) Copies of the records shall be made available to the 
Administrator upon verbal or written request.
    (n)-(p) [Reserved]
    (q) Gasoline distribution--(1) Bulk gasoline plants. (i) Subject to 
paragraph (q)(1)(v) of this section, no person may cause or allow the 
transfer of gasoline from a delivery vessel into a stationary storage 
tank located at a bulk gasoline unless:
    (A) The delivery vessel and the stationary storage tank are each 
equipped with a vapor collection system that meets the requirements of 
paragraph (q)(1)(iv)(D) of this section,
    (B) Each vapor collection system is operating,
    (C) The delivery vessel displays the appropriate sticker pursuant to 
the requirements of sections 215.584 (b) or (d) of 35 Ill. Adm. Code 215 
(incorporated by reference as specified in 40 CFR 52.742),
    (D) The pressure relief valve(s) on the stationary storage tank and 
the delivery vessel are set to release at no less than 0.7 psi or the 
highest pressure allowed by state or local fire codes or the guidelines 
of the National Fire Prevention Association, and
    (E) The stationary storage tank is equipped with a submerged loading 
pipe.
    (ii) Subject to paragraph (q)(1)(vi) of this section, no person may 
cause or allow the transfer of gasoline from a stationary storage tank 
located at a bulk gasoline plant into a delivery vessel unless:
    (A) The requirements set forth in paragraphs (q) (1)(i)(A) through 
(1)(i)(D) of this section are met, and
    (B) Equipment is available at the bulk gasoline plant to provide for 
the submerged filling of the delivery vessel or the delivery vessel is 
equipped for bottom loading.
    (iii) Subject to paragraph (q)(1)(v) of this section, each owner of 
a stationary storage tank located at a bulk gasoline plant shall:
    (A) Equip each stationary storage tank with a vapor control system 
that meets the requirements of paragraph (q) (1)(i) or (1)(ii) of this 
section, whichever is applicable,
    (B) Provide instructions to the operator of the bulk gasoline plant 
describing necessary maintenance operations and procedures for prompt 
notification of the owner in case of any malfunction of a vapor control 
system, or
    (C) Repair, replace or modify any worn out or malfunctioning 
component or element of design.
    (iv) Subject to paragraph (q)(1)(v) of this section, each operator 
of a bulk gasoline plant shall:
    (A) Maintain and operate each vapor control system in accordance 
with the owner's instructions,
    (B) Promptly notify the owner of any scheduled maintenance or 
malfunction requiring replacement or repair of a major component of a 
vapor control system,
    (C) Maintain gauges, meters or other specified testing devices in 
proper working order, and
    (D) Operate the bulk plant vapor collection system and gasoline 
loading equipment in a manner that prevents:
    (1) Gauge pressure from exceeding 45.7 cm (18 in.) of water and 
vacuum from exceeding 15.2 cm (6 in.) of water, as measured as close as 
possible to the vapor hose connection,
    (2) A reading equal to or greater than 100 percent of the lower 
explosive limit (LEL measured as propane) when tested in accordance with 
the procedure described in ``Control of Volatile Organic Compound Leaks 
from Gasoline Tank Trucks and Vapor Collection Systems'', Appendix B, 
EPA 450/2-78-051

[[Page 634]]

(which is available for purchase from the National Technical Information 
Services, 5285 Port Royal Road, Springfield, VA 22161), and
    (3) Avoidable leaks of liquid during loading or unloading 
operations.
    (E) Provide a pressure tap or equivalent on the bulk plant vapor 
collection system in order to allow the determination of compliance with 
paragraph (q)(1)(iv)(D)(1) of this section, and
    (F) Within 15 business days after discovery of any leak by the 
owner, operator, or the Administrator, repair and retest a vapor 
collection system which exceeds the limits of paragraph (q)(1)(iv)(D) 
(1) or (2) of this section.
    (v) The requirements of paragraphs (q) (1)(i), (1)(iii) and (1)(iv) 
of this section, shall not apply to:
    (A) Any stationary storage tank with a capacity of less than 2,177 l 
(575 gal), or
    (B) Any bulk gasoline plant whose daily gasoline throughtput is less 
than 15,140 l (4,000 gal/day) on a thirty-day rolling average.
    (vi) The requirements of paragraph (q)(1)(ii) of this section shall 
only apply to bulk gasoline plants:
    (A) Whose daily gasoline throughput is greater than or equal to 
15,140 l (4,000 gal/day) on a thirty-day rolling average, and
    (B) That either distribute gasoline to gasoline dispensing 
facilities subject to the requirements of section 215.583(a)(2) of 35 
Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 
52.742) or that are in Cook, DuPage, Kane, Lake, McHenry or Will County.
    (vii) Any bulk gasoline plant which is ever subject to paragraph 
(q)(1) (i), (ii), (iii) or (iv) of this section shall always be subject 
to these paragraphs.
    (2) [Reserved]
    (r) [Reserved]
    (s) Paint and ink manufacturing--(1) Applicability. (i) Paragraph 
(s) shall apply to all paint and ink manufacturing plants which:
    (A) Include process emission sources not subject to subparts (B), 
(Q) (excluding sections 215.432 and 215.436), (R) (excluding sections 
215.447, 215.450, and 215.452), (S), (V), (X), (Y) (sections 215.582, 
215.583, and 215.584), or (Z) of 35 Ill. Adm. Code 215 (incorporated by 
reference as specified in 40 CFR 52.742), or to paragraphs (d), (e) 
(excluding paragraph (e)(1)(i)(L)), (h) (excluding paragraph (h)(5)), 
(i), (j), or (q)(1) of this section; and which as a group both:
    (1) Have maximum theoretical emissions of 91 Mg (100 tons) or more 
per calendar year of VOM if no air pollution control equipment were 
used, and
    (2) Are not limited to less than 91 Mg (100 tons) of VOM emissions 
per calendar year in the absence of air pollution control equipment, 
through production or capacity limitations contained in a federally 
enforceable construction permit or a SIP or FIP revision, or
    (B) Produce more than 7,570,820 l (2,000,000 gal) per calendar year 
of paint or ink formulations, which contain less than 10 percent (by 
weight) water, and ink formulations not containing as the primary 
solvents water, Magie oil or glycol.
    (ii) For the purposes of paragraph (s) of this section, uncontrolled 
VOM emissions are the emissions of VOM which would result if no air 
pollution control equipment were used.
    (2) Exemption for waterbase material and heatset-offset ink. The 
requirements of paragraphs (s)(4) and (s)(5) of this section and 
paragraph (s)(7)(i) of this section shall not apply to equipment while 
it is being used to produce either:
    (i) Paint or ink formulations which contain 10 percent or more (by 
weight) water, or
    (ii) Inks containing Magie oil and glycol as the primary solvent.
    (3) Permit conditions. No person shall violate any condition in a 
federally enforceable permit when the condition results in exclusion of 
the plant or an emission source from paragraph (s).
    (4) Open-top mills, tanks, vats or vessels. No person shall operate 
an open-top mill, tank, vat or vessel with a volume of more than 45 l 
(12 gal) for the production of paint or ink unless:
    (i) The mill, tank, vat or vessel is equipped with a cover which 
completely covers the mill, tank, vat or vessel opening except for an 
opening no larger than necessary to allow for safe clearance for a mixer 
shaft. Such cover shall extend at least 1.27 cm (0.5 in.) beyond the 
outer rim of the opening or be attached to the rim.

[[Page 635]]

    (ii) The cover remains closed except when production, sampling, 
maintenance or inspection procedures require access.
    (iii) The cover is maintained in good condition such that, when in 
place, it maintains contact with the rim of the opening for at least 90 
percent of the circumference of the rim.
    (5) Grinding mills. (i) No person shall operate a grinding mill for 
the production of paint or ink which is not maintained in accordance 
with the manufacturer's specifications.
    (ii) No person shall operate a grinding mill fabricated or modified 
after the effective date of paragraph (s) which is not equipped with 
fully enclosed screens.
    (iii) The manufacturer's specifications shall be kept on file at the 
plant by the owner or operator of the grinding mill and be made 
available to any person upon verbal or written request during business 
hours.
    (6) Storage tanks. (i) The owner or operator shall equip tanks 
storing VOL with a vapor pressure greater than 10 kPa (1.5 psi) at 20 
[deg]C (68 [deg]F) with pressure/vacuum conservation vents set as a 
minimum at +/-0.2 kPa (0.029 psi). These controls shall be operated at 
all times. An alternative air pollution control system may be used if it 
results in a greater emission reduction than these controls. Any 
alternative control system can only be allowed if approved by the 
Administrator as a SIP or FIP revision.
    (ii) Stationary VOL storage containers with a capacity greater than 
946 l (250 gal) shall be equipped with a submerged-fill pipe or bottom 
fill. These controls shall be operated at all times. An alternative 
control system can only be allowed if approved by the Administrator as a 
SIP or FIP revision.
    (7) Leaks. The owner or operator of a paint or ink manufacturing 
plant shall, for the purpose of detecting leaks, conduct an equipment 
monitoring program as set forth below:
    (i) Each pump shall be checked by visual inspection each calendar 
week for indications of leaks, that is, liquids dripping from the pump 
seal. If there are indications of liquids dripping from the pump seal, 
the pump shall be repaired as soon as practicable, but no later than 15 
calendar days after the leak is detected.
    (ii) Any pump, valve, pressure relief valve, sampling connection, 
open-ended valve and flange or connector containing a fluid which is at 
least 10 percent VOM by weight which appears to be leaking on the basis 
of sight, smell or sound shall be repaired as soon as practicable, but 
no later than 15 calendar days after the leak is detected.
    (iii) A weather proof, readily visible tag, in bright colors such as 
red or yellow, bearing an identification number and the date on which 
the leak was detected shall be attached to leaking equipment. The tag 
may be removed upon repair, that is, when the equipment is adjusted or 
otherwise altered to allow operation without leaking.
    (iv) When a leak is detected, the owner or operator shall record the 
date of detection and repair and the record shall be retained at the 
plant for at least two years from the date of each detection or each 
repair attempt. The record shall be made available to any person upon 
verbal or written request during business hours.
    (8) Clean up. (i) No person shall clean paint or ink manufacturing 
equipment with organic solvent unless the equipment being cleaned is 
completely covered or enclosed except for an opening no larger than 
necessary to allow safe clearance for proper operation of the cleaning 
equipment, considering the method and materials being used.
    (ii) No person shall store organic wash solvent in other than closed 
containers, unless closed containers are demonstrated to be a safety 
hazard, or dispose of organic wash solvent in a manner such that more 
than 20 percent by weight is allowed to evaporate into the atmosphere.
    (9) Compliance schedule. Every owner or operator of an emission 
source subject to the control requirements of paragraph (s) of this 
section shall comply with the requirements of paragraph (s) of this 
section on and after July 1, 1991.
    (10) Recordkeeping and reporting. (i) Upon request by the 
Administrator, the owner or operator of an emission source which claims 
to be exempt from the requirements of paragraph (s) of

[[Page 636]]

this section shall submit records to the Administrator within 30 
calendar days from the date of the request which document that the 
emission source is in fact exempt from paragraph (s) of this section. 
These records shall include (but are not limited to) the percent water 
(by weight) in the paint or ink being produced and the quantity of Magie 
oil, glycol and other solvents in the ink being produced.
    (ii) Every owner or operator of an emission source which is subject 
to the requirements of paragraph (s) of this section shall maintain all 
records necessary to demonstrate compliance with those requirements at 
the facility for three years.
    (t) [Reserved]
    (u) Miscellaneous fabricated product manufacturing processes--(1) 
Applicability. (i) The requirements of paragraph (u) of this section 
shall apply to a plant's miscellaneous fabricated product manufacturing 
process emission sources which are not included within any of the source 
categories specified in subparts (B), (Q) (excluding sections 215.432 
and 215.436), (R) (excluding sections 215.447, 215.450, and 215.452), 
(S), (V), (X), (Y) (sections 215.582, 215.583, and 215.584), or (Z) of 
35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 
52.742), or specified in paragraph (d), (e), (h), (i), (j), or (q)(1) of 
this section; if the plant is subject to paragraph (u) of this section. 
A plant is subject to paragraph (u) of this section if it contains 
process emission sources, not regulated by subparts (B), (Q) (excluding 
sections 215.432 and 215.436), (R) (excluding sections 215.447, 215.450, 
and 215.452), (S), (V), (X), (Y) (sections 215.582, 215.583, 215.584), 
or (Z) of 35 Ill. Adm. Code 215 (incorporated by reference as specified 
in 40 CFR 52.742), or by paragraph (d), (e) (excluding paragraph 
(e)(1)(i)(L)), (h) (excluding paragraph (h)(5)), (i), (j), or (q)(1) of 
this section; which as a group both:
    (A) Have maximum theoretical emissions of 91 Mg (100 tons) or more 
per calendar year of VOM if no air pollution control equipment were 
used, and
    (B) Are not limited to less than 91 Mg (100 tons) of VOM emissions 
per calendar year in the absence of air pollution control equipment, 
through production or capacity limitations contained in a federally 
enforceable construction permit or a SIP or FIP revision.
    (ii) If a plant ceases to fulfill the criteria of paragraph 
(u)(1)(i) of this section, the requirements of paragraph (u) of this 
section shall continue to apply to a miscellaneous fabricated products 
manufacturing process emission source which was ever subject to the 
control requirements of paragraph (u)(3) of this section.
    (iii) No limits under paragraph (u) of this section shall apply to 
emission sources with emissions of VOM to the atmosphere less than or 
equal to 0.91 Mg (1.0 ton) per calendar year if the total emissions from 
such sources not complying with paragraph (u)(3) of this section does 
not exceed 4.5 Mg (5.0 tons) per calendar year.
    (iv) For the purposes of paragraph (u) of this section, an emission 
source shall be considered regulated by a subpart (of the Illinois 
rules) or paragraph if it is subject to the limits of that subpart (of 
the Illinois rules) or paragraph. An emission source is not considered 
regulated by a subpart (of the Illinois rules) or paragraph if its 
emissions are below the applicability cutoff level or if the source is 
covered by an exemption.
    (v) For the purposes of paragraph (u) of this section, uncontrolled 
VOM emissions are the emissions of VOM which would result if no air 
pollution control equipment were used.
    (2) Permit conditions. No person shall violate any condition in a 
permit when the condition results in exclusion of the plant or an 
emission source from paragraph (u) of this section.
    (3) Control requirements. Every owner or operator of an emission 
source subject to paragraph (u) of this section shall comply with the 
requirements of paragraph (u)(3) (i), (ii) or (iii) of this section:
    (i) Emission capture and control techniques which achieve an overall 
reduction in uncontrolled VOM emissions of at least 81 percent, or
    (ii) For coating lines, the daily-weighted average VOM content shall 
not exceed 0.42 kg VOM/l (3.5 lbs VOM/gal) of coating as applied (minus 
water

[[Page 637]]

and any compounds which are specifically exempted from the definition of 
VOM) during any day. Owners and Code 215 (incorporated by reference as 
specified in 40 CFR 52.742), or
    (iii) An alternative control plan which has been approved by the 
Administrator as a SIP or FIP revision.
    (4) Compliance schedule. Every owner or operator of an emission 
source subject to the control requirements of paragraph (u) of this 
section shall comply with the requirements of paragraph (u) of this 
section on and after July 1, 1991.
    (5) Testing. Any owner or operator of a VOM emission source which is 
subject to paragraph (u) of this section shall demonstrate compliance 
with paragraph (u)(3) of this section by using the applicable test 
methods and procedures specified in paragraph (a)(4) of this section.
    (6) The control requirements in this paragraph apply to the adhesive 
globe coating operations at Replogle's Broadview facility in Cook 
County, Illinois, instead of the control requirements in paragraph 
(u)(3) of this section.
    (i) After October 6, 1991, no coatings shall at any time be applied 
which exceed the following emission limitations for the specified 
coating.
    (A) 7.0 lbs VOM per gallon of adhesive coating (minus water and any 
compounds which are specifically exempted from the definition of VOM) as 
applied to coat globes. Such coating consists of 7879446 
Methylene Chloride (RGI 01004100). The Administrator shall be 
notified at least ten (10) days prior to the use of any replacement 
adhesive for coating globes.
    (B) [Reserved]
    (ii) After October 6, 1991, the volume of coatings used shall not 
exceed the following:
    (A) 572 gallons per year total for all coatings specified in 
paragraph (u)(6)(i)(A) of this section. The yearly volume of coatings 
used are to be calculated as follows:
    (1) Compute the volume of specified coating used each month by the 
15th of the following month.
    (2) By the 15th of each month, add the monthly coating use for the 
12 previous months (to obtain the yearly volume of coatings used).
    (B) [Reserved]
    (iii) Beginning on October 6, 1991, the owner and operator of the 
Replogle Globes, Inc. plant in Broadview, Illinois shall keep the 
following records for each month. All records shall be retained at 
Replogle Globes, Inc. for three (3) years and shall be made available to 
the Administrator on request:
    (A) The name and identification number of each coating as applied on 
any adhesive globe coating line.
    (B) The weight of VOM per volume and the volume of each coating 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) as applied each month on any adhesive globe coating 
line.
    (7) The control requirements in this paragraph apply to the glass 
candle container coating line(s) and silk screening machines at the 
Candle Corporation of America (CCA), Chicago, Illinois facility, instead 
of the control requirements in paragraph (u)(3) of this section.
    (i) After June 1, 1992, no coatings or inks shall at any time be 
applied, at any coating or ink applicator, which exceed the following 
emission limitations for the specified coating or ink.
    (A) 6.04 pounds (lbs) volatile organic material (VOM) per gallon of 
clear lacquer/varnish (minus water and any compounds which are 
specifically exempted from the definition of VOM) as applied to coat 
glass candle containers. Such clear lacquer/varnish (multi-color) is 
identified as LP3500. The Administrator must be notified at least 10 
days prior to the use of any replacement clear lacquers/varnishes.
    (B) 5.23 lbs VOM per gallon of translucent coating (minus water and 
any compounds which are specifically exempted from the definition of 
VOM) as applied to coat glass candle containers. Such translucent 
coating (multi-color) is identified as LP3603. The Administrator must be 
notified at least 10 days prior to the use of any replacement 
translucent coatings.
    (C) 5.84 lbs VOM per gallon of white lacquer (minus water and any 
compounds which are specifically exempted from the definition of VOM) as 
applied to coat glass candle containers. Such

[[Page 638]]

white lacquer is identified as LP3507. The Administrator must be 
notified at least 10 days prior to the use of any replacement white 
lacquers.
    (D) 3.40 lbs VOM per gallon of fast dry enamel silk screen printing 
ink (minus water and any compounds which are specifically exempted from 
the definition of VOM) as applied to print onto glass candle containers.
    (ii) After June 1, 1992, the volume of coating and ink used shall 
not exceed the following:
    (A) 2,164 gallons per month total for all coatings specified in 
paragraph (u)(7)(i)(A) of this section.
    (B) 369 gallons per month total for all coatings specified in 
paragraph (u)(7)(i)(B) of this section.
    (C) 49 gallons per month total for all coatings specified in 
paragraph (u)(7)(i)(C) of this section.
    (D) 50 gallons per month total for all inks specified in paragraph 
(u)(7)(i)(D) of this Section.
    (iii) Beginning on June 1, 1992, the owner and operator of CCA's 
plant in Chicago, Illinois, shall keep the following records for each 
month. All records shall be retained at CCA for 3 years and shall be 
made available to the Administrator on request.
    (A) The name and identification number of each coating and ink as 
applied on any glass candle container coating line or silk screening 
machine.
    (B) The weight of VOM per volume and the volume of each coating and 
ink (minus water and any compounds which are specifically exempted from 
the definition of VOM) as applied each month on any glass candle 
container coating line or silk screening machine.
    (iv) After June 1, 1992, no more than 100 gallons per month of 
cleaning solvent is allowed to be used on the glass candle container 
coating line(s) at CCA. The only cleaning solvents allowed for use are 
acetone (identified as LP3525) and methyl ethyl ketone (identified as 
LP3520). Beginning on June 1, 1992, CCA shall keep monthly records of 
the type and volume of all cleaning solvents used. All such records 
shall be retained at CCA for 3 years and shall be made available to the 
Administrator on request.
    (v) After June 1, 1992, no more than 50 gallons per month of 
cleaning solvent is allowed to be used on the glass candle container 
silk screening machines at CCA. The only cleaning solvent allowed for 
use is petroleum naphtha (identified as light aromatic naphtha with 7.28 
lbs VOM per gallon, minus water and any compounds which are specifically 
exempted from the definition of VOM). Beginning on June 1, 1992, CCA 
shall keep monthly records of the type and volume and the weight of VOM 
per volume (minus water and any compounds which are specifically 
exempted from the definition of VOM) of all cleaning solvents used on 
the glass candle container silk screening machines. All such records 
shall be retained at CCA for 3 years and shall be made available to the 
Administrator on request.
    (8) The control, recordkeeping and reporting requirements in this 
paragraph apply to the cellulose food casing manufacturing operations at 
the Viskase Corporation plant in Bedford Park, Illinois (Cook County) 
instead of the requirements in paragraph (v) of this section, the other 
parts of paragraph (u) of this section, and the recordkeeping 
requirements in paragraph (y) of this section. Unless otherwise stated, 
the following requirements must be met by Viskase on and after November 
21, 1995.
    (i) VOM emissions shall never exceed 3.30 tons per day.
    (ii) VOM emissions shall not exceed 2.22 tons per day, on a monthly 
average, during June, July, and August.
    (iii) VOM emissions shall not exceed 2.44 tons per day during June, 
July, and August.
    (iv) Compliance with the emission limits in paragraphs (u)(8) (i) 
through (iii) of this section, and the records in paragraph (u)(8)(v) of 
this section, shall be determined using an emission factor of ``0.72 
pounds of VOM emissions per pound of carbon disulfide consumed.''
    (v) Viskase must keep the following daily records:
    (A) The pounds of carbon disulfide per charge for its Fibrous 
process. If charges with different levels of carbon disulfide per charge 
are used the same day, a separate record must be kept for each level of 
carbon disulfide per charge.
    (B) The pounds of carbon disulfide per charge for its NOJAX process. 
If

[[Page 639]]

charges with different levels of carbon disulfide per charge are used 
the same day, a separate record must be kept for each level of carbon 
disulfide per charge.
    (C) The number of charges per day, for each level of carbon 
disulfide per charge, used in Viskase's Fibrous process.
    (D) The number of charges per day, for each level of carbon 
disulfide per charge, used in Viskase's NOJAX process.
    (E) The total quantity of carbon disulfide used per day in Viskase's 
Fibrous process, the total quantity of carbon disulfide used per day in 
Viskase's NOJAX process, and the daily VOM emissions resulting from use 
of the carbon disulfide.
    (F) The monthly use of carbon disulfide, and the monthly VOM 
emissions resulting from use of the carbon disulfide, during June, July, 
and August.
    (vi) Any violation of the emission limits in paragraphs (u)(8) (i) 
through (iii) of this section must be reported to USEPA within 30 days 
of its occurrence.
    (vii) In order to determine daily and monthly VOM emissions, the 
test methods in paragraph (a)(4) of this section may be used in addition 
to, and take precedence over, the emission factor cited in paragraph 
(u)(8)(iv) of this section. Method 15 is to be used instead of Methods 
18, 25, and 25A when the test methods in paragraph (a)(4) of this 
section are used to determine VOM emissions from Viskase's cellulose 
food casing facility.
    (v) Miscellaneous formulation manufacturing processes--(1) 
Applicability. (i) The requirements of paragraph (v) of this section 
shall apply to a plant's miscellaneous formulation manufacturing process 
emission sources, which are not included within any of the source 
categories specified in subpart (B), (Q) (excluding sections 215.432 and 
215.436), (R) (excluding sections 215.447, 215.450, and 215.452),(S), 
(V), (X), (Y) (sections 215.582, 215.583, and 215.584), or (Z) of 35 
Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 
52.742), or specified in paragraph (d), (e), (h), (i), (j), or (q)(1) of 
this section; if the plant is subject to paragraph (v) of this section. 
A plant is subject to paragraph (v) of this section if it contains 
process emission sources, not regulated by subpart (B), (Q) (excluding 
sections 215.432 and 215.436), (R) (excluding sections 215.447, 215.450, 
and 215.452), (S), (V), (X), (Y) (sections 215.582, 215.583, and 
215.584), or (Z) of 35 Ill. Adm. Code 215 (incorporated by reference as 
specified in 40 CFR 52.742), or by paragraph (d), (e) (excluding 
paragraph (e)(1)(i)(L)), (h) (excluding paragraph (h)(5)), (i), (j), or 
(q)(1) of this section; which as a group both:
    (A) Have maximum theoretical emissions of 91 Mg (100 tons) or more 
per calendar year of VOM if no air pollution control equipment were 
used, and
    (B) Are not limited to less than 91 Mg (100 tons) of VOM emissions 
per calendar year in the absence of air pollution control equipment, 
through production or capacity limitations contained in a federally 
enforceable construction permit or a SIP or FIP revision.
    (ii) If a plant ceases to fulfill the criteria of paragraph 
(v)(1)(i) of this section, the requirements of paragraph (v) of this 
section shall continue to apply to a miscellaneous formulation 
manufacturing process emission source which was ever subject to the 
control requirements of paragraph (v)(3) of this section.
    (iii) No limits under paragraph (v) of this section shall apply to 
emission sources with emissions of VOM to the atmosphere less than or 
equal to 2.3 Mg (2.5 tons) per calendar year if the total emissions from 
such sources not complying with paragraph (v)(3) of this section does 
not exceed 4.5 Mg (5.0 tons) per calendar year.
    (iv) For the purposes of paragraph (v) of this section, an emission 
source shall be considered regulated by a subpart (of the Illinois 
rules) or paragraph if it is subject to the limits of that subpart (of 
the Illinois rules) or paragraph. An emission source is not considered 
regulated by a subpart (of the Illinois rules) or paragraph if its 
emissions are below the applicability cutoff level or if the source is 
covered by an exemption.
    (v) For the purposes of paragraph (v) of this section uncontrolled 
VOM emissions are the emissions of VOM which

[[Page 640]]

would result if no air pollution control equipment were used.
    (2) Permit conditions. No person shall violate any condition in a 
permit when the condition results in exclusion of the plant or an 
emission source from paragraph (v) of this section.
    (3) Control requirements. Every owner or operator of an emission 
source subject to paragraph (v) of this section shall comply with the 
requirements of paragraph (v)(3) (i) or (ii) of this section.
    (i) Emission capture and control techniques which achieve an overall 
reduction in uncontrolled VOM emissions of at least 81 percent, or
    (ii) An alternative control plan which has been approved by the 
Administrator as a SIP or FIP revision.
    (4) Compliance schedule. Every owner or operator of an emission 
source subject to the control requirements of paragraph (v) of this 
section shall comply with the requirements of paragraph (v) of this 
section on and after July 1, 1991.
    (5) Testing. Any owner or operator of a VOM emission source which is 
subject to paragraph (v) of this section shall demonstrate compliance 
with paragraph (v)(3) of this section by using the applicable test 
methods and procedures specified in paragraph (a)(4) of this section.
    (6) The control requirements in this paragraph apply to the 7 
blenders and 3 moguls of the adhesive coating solution formulation 
(compounding) operations at the Minnesota Mining and Manufacturing 
Corporation's (3M) Bedford Park facility in Cook County, Illinois, 
instead of the control requirements in paragraph (v)(3) of this section.
    (i) After September 1, 1991, the following operating restrictions 
shall apply to 3M's Bedford Park, Illinois, compounding operations.
    (A) The combined operating hours for all blenders shall not exceed 
8,400 hours per quarter (rolled on a monthly basis). The combined 
quarterly operating hours of all blenders are to be calculated as 
follows:
    (1) By the 15th of each month, compute the combined monthly 
operating hours of all blenders during the previous month.
    (2) By the 15th of each month, add the monthly operating hours of 
all blenders for the 3 previous months (to obtain the combined quarterly 
operating hours of all blenders).
    (B) The combined operating hours for all moguls shall not exceed 
4,200 hours per quarter (rolled on a monthly basis). The quarterly 
operating hours of all moguls are to be calculated as follows:
    (1) By the 15th of each month, compute the combined monthly 
operating hours of all moguls during the previous month.
    (2) By the 15th of each month, add the monthly operating hours of 
all moguls for the 3 previous months (to obtain the combined quarterly 
operating hours of all moguls).
    (ii) Beginning on September 1, 1991, the owner and operator of the 
3M Bedford Park Plant in Bedford Park, Illinois, shall keep the 
following records. These records shall be compiled on a monthly basis, 
be retained at the 3M facility for a period of 3 years, and be made 
available to the Administrator upon request.
    (A) Separate monthly records for each of the 7 blenders identifying 
each batch and the length of each batch as well as the total monthly 
hours of operation for all blenders.
    (B) Separate monthly records for each of the 3 moguls identifying 
each batch and the length of each batch as well as the total monthly 
hours of operation for all moguls.
    (w) Miscellaneous organic chemical manufacturing processes--(1) 
Applicability. (i) The requirements of paragraph (w) of this section 
shall apply to a plant's miscellaneous organic chemical manufacturing 
process emission sources which are not included within any of the source 
categories specified in subparts (B), (Q) (excluding sections 215.432 
and 215.436), (R) (excluding sections 215.447, 215.450, and 215.452), 
(S), (V), (X), (Y) (sections 215.582, 215.583, and 215.584), or (Z) of 
35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 
52.742), or specified in paragraph (d), (e), (h), (i), (j), or (q)(1) of 
this section; if the plant is subject to paragraph (w) of this section. 
A plant is subject to paragraph (w) of this section if it contains 
process emission sources, not regulated by subparts (B),

[[Page 641]]

(Q) (excluding sections 215.432 and 215.436), (R) (excluding sections 
215.447, 215.450, and 215.452), (S), (V), (X), (Y) (sections 215.582, 
215.583, and 215.584), or (Z) of 35 Ill. Adm. Code 215 (incorporated by 
reference as specified in 40 CFR 52.742), or by paragraph (d), (e) 
(excluding paragraph (e)(1)(i)(L)), (h) (excluding paragraph (h)(5)), 
(i), (j), or (q)(1) of this section; which as a group both:
    (A) Have maximum theoretical emissions of 91 Mg (100 tons) or more 
per calendar year of VOM if no air pollution control equipment were 
used, and
    (B) Are not limited to less than 91 Mg (100 tons) of VOM emissions 
per calendar year in the absence of air pollution control equipment, 
through production or capacity limitations contained in a federally 
enforceable construction permit or a SIP or FIP revision.
    (ii) If a plant ceases to fulfill the criteria of paragraph 
(w)(1)(i) of this section, the requirements of paragraph (w) of this 
section shall continue to apply to a miscellaneous organic chemical 
manufacturing process emission source which was ever subject to the 
control requirements of paragraph (w)(3) of this section.
    (iii) No limits under paragraph (w) of this section shall apply to 
emission sources with emissions of VOM to the atmosphere less than or 
equal to 0.91 Mg (1.0 ton) per calendar year if the total emissions from 
such sources not complying with paragraph (w)(3) of this section does 
not exceed 4.5 Mg (5.0 tons) per calendar year.
    (iv) For the purposes of paragraph (w) of this section, an emission 
source shall be considered regulated by a subpart (of the Illinois 
rules) or paragraph if it is subject to the limits of that subpart (of 
the Illinois rules) or paragraph. An emission source is not considered 
regulated by a subpart (of the Illinois rules) or paragraph if its 
emissions are below the applicability cutoff level or if the source is 
covered by an exemption.
    (v) For the purposes of paragraph (w) of this section, uncontrolled 
VOM emissions are the emissions of VOM which would result if no air 
pollution control equipment were used.
    (2) Permit conditions. No person shall violate any condition in a 
permit when the condition results in exclusions of the plant or an 
emission source from paragraph (w) of this section.
    (3) Control requirements. Every owner or operator of an emission 
source subject to paragraph (w) of this section shall comply with the 
requirements of paragraph (w)(3)(i) or (ii) of this section.
    (i) Emission capture and control techniques which achieve an overall 
reduction in uncontrolled VOM emissions of at least 81 percent, or
    (ii) An alternative control plan which has been approved by the 
Administrator as a SIP or FIP revision.
    (4) Compliance schedule. Every owner or operator of an emission 
source subject to the control requirements of paragraph (w) of this 
section shall comply with the requirements of paragraph (w) of this 
section on and after July 1, 1991.
    (5) Testing. Any owner or operator of a VOM emission source which is 
subject to paragraph (w) shall demonstrate compliance with paragraph 
(w)(3) of this section by using the applicable test methods and 
procedures specified in paragraph (a)(4) of this section.
    (x) Other emission sources--(1) Applicability. (i) The requirements 
of paragraph (x) of this section shall apply to a plant's VOM emission 
sources, which are not included within any of the source categories 
specified in subpart (B), (Q) (excluding sections 215.432 and 215.436), 
(R) (excluding sections 215.447, 215.450, and 215.452), (S), (V), (X), 
(Y) (sections 215.582, 215.583, and 215.584), or (Z) of 35 Ill. Adm. 
Code 215 (incorporated by reference as specified in 40 CFR 52.742), or 
specified in paragraph (d), (e), (h), (i), (j), (q)(1), (s), (u), (v) or 
(w) of this section; if the plant is subject to paragraph (x) of this 
section. A plant is subject to paragraph (x) of this section if it 
contains process emission sources, not regulated by subpart (B), (Q) 
(excluding sections 215.432 and 215.436), (R) (excluding sections 
215.447, 215.450, and 215.452), (S), (V), (X), (Y) (sections 215.582, 
215.583, and 215.584), or (Z) of 35 Ill. Adm. Code 215 (incorporated by 
reference as specified in 40 CFR 52.742), or by paragraph (d), (e) of 
this section (excluding paragraph

[[Page 642]]

(e)(1)(i)(L)), (h) (excluding paragraph (h)(5)), (i), (j), or (q)(1) of 
this section; which as a group both:
    (A) Have maximum theoretical emissions of 91 Mg (100 tons) or more 
per calendar year of VOM if no air pollution control equipment were 
used, and
    (B) Are not limited to less than 91 Mg (100 tons) of VOM emissions 
per calendar year in the absence of air pollution control equipment, 
through production or capacity limitations contained in a federally 
enforceable construction permit or a SIP of FIP revision.
    (ii) If a plant ceases to fulfill the criteria of paragraph 
(x)(1)(i) of this section, the requirements of paragraph (x) of this 
section shall continue to apply to an emission source which was ever 
subject to the control requirements of paragraph (x)(3) of this section.
    (iii) No limits under paragraph (x) of this section shall apply to 
emission sources with emissions of VOM to the atmosphere less than or 
equal to 2.3 Mg (2.5 tons) per calendar year if the total emissions from 
such sources not complying with paragraph (x)(3) of this section does 
not exceed 4.5 Mg (5.0 tons) per calendar year.
    (iv) For the purposes of paragraph (x) of this section, an emission 
source shall be considered regulated by a subpart (of the Illinois 
rules) or paragraph if it is subject to the limits of that subpart (of 
the Illinois rules) or paragraph. An emission source is not considered 
regulated by a subpart (of the Illinois rules) or paragraph of its 
emissions are below the applicability cutoff level or if the source is 
covered by an exemption.
    (v) The control requirements in paragraphs (u), (v), (w), and (x) of 
this section shall not apply to sewage treatment plants, vegetable oil 
processing plants, coke ovens (including by-product recovery plants), 
fuel combustion sources, bakeries, barge loading facilities, jet engine 
test cells, pharmaceutical manufacturing, production of polystyrene foam 
insulation board (including storage and extrusion of scrap where blowing 
agent is added to the polystyrene resin at the plant), production of 
polystyrene foam packaging (not including storage and extrusion of scrap 
where blowing agent is added to the polystyrene resin at the plant), and 
iron and steel production.
    (2) Permit conditions. No person shall violate any condition in a 
permit when the condition results in exclusion of the plant or an 
emission source from paragraph (x) of this section.
    (3) Control requirements. Every owner or operator of an emission 
source subject to paragraph (x) of this section shall comply with the 
requirements of paragraph (x)(3) (i), (ii) or (iii) of this section.
    (i) Emission capture and control equipment which achieve an overall 
reduction in uncontrolled VOM emissions of at least 81 percent, or
    (ii) For coating lines, the daily-weighted average VOM content shall 
not exceed 0.42 kg VOM/l (3.5 lbs VOM/gal) of coating (minus water and 
any compounds which are specifically exempted from the definition of 
VOM) as applied during any day. Owners and operators complying with this 
paragraph are not required to comply with section 215.301 of 35 Ill. 
Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742), 
or
    (iii) An alternative control plan which has been approved by the 
Administrator as a SIP or FIP revision.
    (4) Compliance schedule. Every owner or operator of an emissions 
source which is subject to paragraph (x) of this section shall comply 
with the requirements of paragraph (x) of this section on and after July 
1, 1991.
    (5) Testing. Any owner or operator of a VOM emission source which is 
subject to paragraph (x) of this section shall demonstrate compliance 
with paragraph (x)(3) of this section by using the applicable test 
methods and procedures specified in paragraph (a)(4) of this section.
    (6) The control requirements in this paragraph apply to the varnish 
operations at the General Motors Corporation, Electro-Motive Division 
Plant (GMC Electro-Motive), LaGrange, Illinois, instead of the control 
requirements in paragraph (x)(3) of this section.
    (i) After July 1, 1991, no coatings shall at any time be applied 
which exceed the following emission limitations for the specified 
coating.

[[Page 643]]

    (A) 8.0 lbs VOM per gallon of coating (minus water and any compounds 
which are specifically exempted from the definition of VOM) as applied 
at each coating applicator to coat Nomex rings. Such coating consists of 
Monsanto Skybond 705 Polyamide Resin (EMD P/N 9088817) and diluents. The 
Administrator must be notified at least 10 days prior to the use of any 
replacement coating(s) and/or diluents for coating Nomex rings.
    (B) 6.8 lbs VOM per gallon of coating (minus water and any compounds 
which are specifically exempted from the definition of VOM) as applied 
at each coating applicator for any coatings not specified in paragraph 
(x)(6)(i)(A) of this section.
    (ii) After July 1, 1991, the volume of coatings used shall not 
exceed the following:
    (A) 600 gallons per year total for all coatings specified in 
paragraph (x)(6)(i)(A) of this section. The yearly volume of coatings 
used are to be calculated as follows:
    (1) Compute the volume of specified coating used each month by the 
15th of the following month.
    (2) By the 15th of each month, add the monthly coating use for the 
12 previous months (to obtain the yearly volume of coatings used).
    (B) 28,500 gallons per year total for all coatings other than those 
specified in paragraph (x)(6)(i)(A) of this section. The yearly volume 
of coatings used are to be calculated as specified in paragraphs 
(x)(6)(ii)(A)(1) and (x)(6)(ii)(A)(2) of this section.
    (iii) Beginning on July 1, 1991, the owner and operator of the 
General Motors Corporation Electro-Motive Division Plant in LaGrange, 
Illinois shall keep the following records for each month. All records 
shall be retained at General Motors for 3 years and shall be made 
available to the Administrator on request.
    (A) The name and identification number of each coating as applied on 
any coating line within the varnish operation.
    (B) The weight of VOM per volume and the volume of each coating 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) as applied each month on any coating line within the 
varnish operation.
    (7) The control, recordkeeping, and monitoring requirements in this 
paragraph apply to the aluminum rolling mills at the Reynolds Metals 
Company's McCook Sheet & Plate Plant in McCook, Illinois (Cook County) 
instead of the control requirements and test methods in the other parts 
of paragraph (x), and the recordkeeping requirements in paragraph (y) of 
this section. All of the following requirements must be met by Reynolds 
on and after July 7, 1995.
    (i) Only organic lubricants with initial and final boiling points 
between 460 degrees F and 635 degrees F, as determined by a distillation 
range test using ASTM method D86-90, are allowed to be used at Reynolds' 
aluminum sheet cold rolling mills numbers 1 and 7. All incoming 
shipments of organic lubricant for the number 1 and 7 mills must be 
sampled and each sample must undergo a distillation range test to 
determine the initial and final boiling points using ASTM method D86-90. 
A grab rolling lubricant sample shall be taken from each operating mill 
on a monthly basis and each sample must undergo a distillation range 
test, to determine the initial and final boiling points, using ASTM 
method D86-90.
    (ii) An oil/water emulsion, with no more than 15 percent by weight 
of petroleum-based oil and additives, shall be the only lubricant used 
at Reynolds' aluminum sheet and plate hot rolling mills, 120 inch, 96 
inch, 80 inch, and 145 inch mills. A grab rolling lubricant sample shall 
be taken from each operating mill on a monthly basis and each sample 
shall be tested for the percent by weight of petroleum-based oil and 
additives by ASTM Method D95-83.
    (iii) The temperature of the inlet supply of rolling lubricant for 
aluminum sheet cold rolling mills numbers 1 and 7 shall not exceed 150 
[deg]F, as measured at or after (but prior to the lubricant nozzles) the 
inlet sump. The temperature of the inlet supply of rolling lubricant for 
the aluminum sheet and plate hot rolling mills, 120 inch, 96 inch, 80 
inch, and 145 inch mills shall not exceed 200 [deg]F, as measured at or

[[Page 644]]

after (but prior to the lubricant nozzles) the inlet sump. Coolant 
temperatures shall be monitored at all the rolling mills by use of 
thermocouple probes and chart recorders or electronic data recorders.
    (iv) All distillation test results for cold mill lubricants, all 
percent oil test results for hot mill lubricants, all coolant 
temperature recording charts and/or temperature data obtained from 
electronic data recorders, and all oil/water emulsion formulation 
records, shall be kept on file, and be available for inspection by 
USEPA, for three years.
    (8) The control and recordkeeping requirements in this paragraph 
apply to the silk screen presses and associated ovens, cleaning 
operations and laminators at Parisian's Novelty Company (Parisian), 
Chicago, Illinois, facility, instead of the control requirements in 
paragraphs (x)(8) (u)(3) and (x)(3) of this section and the 
recordkeeping requirements in paragraph (x)(8)(y) of this section.
    (i) After March 1, 1993, no coatings or inks shall at any time be 
applied, at any coating or ink applicator, which exceed the following 
emission limitations for the specified coating or ink.
    (A) 6.65 pounds (lbs) volatile organic material (VOM) per gallon of 
ink (minus water and any compounds which are specifically exempted from 
the definition of VOM) as applied on Parisian's silk screen presses.
    (B) 6.4 lbs VOM per gallon of adhesive coating (minus water and any 
compounds which are specifically exempted from the definition of VOM) as 
applied on Parisian's laminators. Such adhesive is identified as MIX 
963.
    (ii) After March 1, 1993, the volume of coating and ink used shall 
not exceed the following:
    (A) 2,556 gallons per year total for all inks. The yearly volume of 
inks used is to be calculated as follows:
    (1) Compute the volume of ink used each month by the 15th of the 
following month.
    (2) By the 15th of each month, add the monthly ink usage for the 12 
previous months (to obtain the yearly volume of ink used).
    (B) 780 gallons per year total for all coatings specified in 
paragraph (x)(8)(i)(B) of this section. The yearly volume of coatings 
used are to be calculated as specified in paragraphs (x)(8)(ii)(A)(1) 
and (x)(8)(ii)(A)(2) of this section.
    (iii) Beginning on March 1, 1993, the owner and operator of 
Parisian's plant in Chicago, Illinois, shall keep the following records 
for each month. All records shall be retained at Parisian for 3 years 
and shall be made available to the Administrator on request.
    (A) The name and identification number of each coating as applied on 
any laminator.
    (B) The weight of VOM per volume and the volume of each coating 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) as applied each month on any laminator.
    (C) The weight of VOM per volume and the volume of each type of ink 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) as applied each month on any screen press.
    (iv) After March 1, 1993, no more than 84 gallons per year of 
denatured alcohol may be used for cleaning labels at Parisian. The 
yearly volume of denatured alcohol used is to be calculated as specified 
in paragraphs (x)(8)(ii)(A)(1) and (x)(8)(ii)(A)(2) of this section. 
Beginning on March 1, 1993, Parisian shall keep monthly records of the 
type, volume, and VOM content of all solvents used for label cleaning. 
These records shall be retained at Parisian for 3 years and shall be 
made available to the Administrator on request.
    (v) After March 1, 1993, no more than 7,932 gallons per year of 
screen wash 956 may be used on Parisian's screen cleaner. The 
yearly volume of screen wash 956 used is to be calculated as 
specified in paragraphs (x)(8)(ii)(A)(1) and (x)(8)(ii)(A)(2) of this 
section. Beginning on March 1, 1993, Parisian shall keep monthly records 
of the type, volume, and VOM content of all cleaning compounds used on 
Parisian's screen cleaner. These records shall be retained at Parisian 
for 3 years and shall be made available to the Administrator on request.

[[Page 645]]

    (vi) After March 1, 1993, only those cleaners specifically 
identified in paragraphs (x)(8)(iv) and (x)(8)(v) of this section may be 
used at Parisian.
    (9) The control requirements in this paragraph apply to the process 
sources listed in paragraph (x)(9)(i)(A) of this section at the Nalco 
Chemical Company facility in Bedford Park, Illinois, instead of the 
control requirements in paragraph (x)(3) of this section.
    (i) Production and Operation Restrictions.
    (A) On and after October 1, 1992, the maximum volatile organic 
compound (VOC) emissions per batch, the 12-month rolling average number 
of batches per year, and the peak limit of batches per month shall not 
exceed the following limits:

----------------------------------------------------------------------------------------------------------------
                                      Maximum VOC emissions, lb/  12-mo. rolling average     Peak batch limit,
               Source                            batch                limit batch/yr            batch/month
----------------------------------------------------------------------------------------------------------------
(1) System 1 charge.................  0.16......................  280...................  33
    System 1 purge..................  1.35......................  ......................
(2) 24-T-156, 157...................  2.60......................  300...................  33
(3) 28-T-217, 234...................  0.23......................  402...................  45
(4) 28-T-214-216....................  5.70......................  603...................  65
(5) 20-R-182, 185...................  0.02......................  72....................  8
(6) 20-R-130........................  0.07......................  340...................  38
(7) 20-R-155........................  0.21......................  254...................  29
(8) 20-WT-174.......................  0.21......................  254...................  29
(9) 12-T-97-99......................  4.6E-4 lb/hr..............  8,760 hr/yr...........  744 hr/mo
(10) 12-T-95........................  4.0E-6 lb/hr..............  8,760 hr/yr...........  744 hr/mo
(11) 12-T-96........................  7.7E-5 lb/hr..............  8,760 hr/yr...........  744 hr/mo
(12) 12-T-67, 73....................  0.003 lb/hr...............  8,760 hr/yr...........  744 hr/mo
(13) 20-T-121-122...................  0.85......................  312...................  34
(14) 20-T-123-125...................  5.4.......................  616...................  68
(15) 20-T-140, 142..................  8.0.......................  600...................  65
(16) 20-T-159.......................  0.31......................  416...................  46
(17) 20-R-193, 200..................  9.8.......................  540...................  59
(18) 32-R-300.......................  0.18......................  365...................  41
(19) 32-T-302.......................  0.21......................  365...................  41
(20) 32-T-304.......................  0.21......................  730...................  81
(21) 32-T-314.......................  0.23......................  365...................  41
(22) 32-T-322.......................  0.21......................  365...................  41
(23) 32-T-328.......................  0.23......................  365...................  41
(24) 10-T-61........................  0.001.....................  365--containing         31--containing organic
                                                                   organic.
(25) 24-T-441, 166..................  0.12......................  730...................  81
(26) 25-T-284, 440, 443-444.........  0.28......................  730...................  81
(27) 25-T-170.......................  4E-6......................  104...................  12
(28) Tank truck loading.............  0.12 lb/truck.............  1,600 trucks/yr.......  134 trucks/mo
(29) System 2.......................  0.36......................  280...................  33
(30) System 4.......................  2.88......................  280...................  33
(31) 25-R-164.......................  0.10......................  365...................  41
(32) 25-R-205.......................  0.14......................  365...................  41
(33) Drum station...................  3.51......................  1,005.................  110
(34) V-4SAC.........................  1.56......................  254...................  29
(35) 20-CT-155......................  13.90.....................  254...................  29
(36) 12-SE-100......................  1.10 lb/hr................  8,760 hr/yr...........  744 hr/mo
(37) Drum exhaust hood A............  1.00......................  365--involving use of   31--involving use of
                                                                   organic material.       organic material
(38) 24-T-230.......................  0.98......................  730...................  81
(39) 8-CT-1.........................  0.002 lb/hr...............  8,760 hr/yr...........  744 hr/mo
(40) 9-CT-1.........................  0.002 lb/hr...............  8,760 hr/yr...........  744 hr/mo
(41) 10-CT-1........................  0.005 lb/hr...............  8,760 hr/yr...........  744 hr/mo
(42) 22-CT-1........................  0.003 lb/hr...............  8,760 hr/yr...........  744 hr/mo
(43) 25-CT-1........................  0.005 lb/hr...............  8,760 hr/yr...........  744 hr/mo
(44) 25-CT-2........................  0.002 lb/hr...............  8,760 hr/yr...........  744 hr/mo
(45) 29-CT-1........................  0.002 lb/hr...............  8,760 hr/yr...........  744 hr/mo
(46) 32-CT-1........................  0.005 lb/hr...............  8,760 hr/yr...........  744 hr/mo
(47) 36-CT-1........................  0.002 lb/hr...............  8,760 hr/yr...........  744 hr/mo
(48) 32-T-325.......................  0 \a\.....................  365...................  41
(49) 26-R-195.......................  0.1 \a\...................  365...................  41
(50) Continuous polymer-blending....  0.1 lb/hr \a\.............  2,000 hr/yr...........
(51) Portafeed washer booth 1.......  0.84 lb/hr \b\............  4,160 hr/yr...........  744 hr/mo
(52) Portafeed washer booth 2.......  0.84 lb/hr \b\............  8,736 hr/yr...........  744 hr/mo

[[Page 646]]

 
(53) 32-T-392.......................  4.4E-7....................  104...................  12
----------------------------------------------------------------------------------------------------------------
\a\ Assumed value.
\b\ Based on monitoring data.

    (B) The following equation shall be used to calculate maximum VOC 
emissions per batch for the process sources listed in paragraphs 
(x)(9)(i)(A)(1) (charge only and (2) through (28) and (53) of this 
section:
Where:

ER = VOC emission rate;
Qo = Quantity of organic per batch or charge rate;
[GRAPHIC] [TIFF OMITTED] TR21MR95.000

Mv = Molecular weight of the volatile component;
P = Partial pressure of the volatile component for mixtures of liquid 
made up with more than one chemical; or vapor pressure for pure liquids 
made up of only one organic chemical; and
Constant 1 = (7.45 gal/ft\3\)x(385 ft\3\/mole)x(760 mmHg).

    (C) The following equation shall be used to calculate the VOC 
emissions per batch from the process sources listed in paragraph 
(x)(9)(i)(A)(1) of this section (purge only) and (29) through (32) of 
this section:
[GRAPHIC] [TIFF OMITTED] TR21MR95.001

Where:

PR=Nitrogen purge rate; and
Constant 2 = (385 ft\3\/mole)x(760 mmHg).

    (D) The following equation shall be used to calculate the VOC 
emissions per batch from the drum station listed at paragraph 
(x)(9)(i)(A)(33) of this section:

ER(1b/batch) = (0.40 x [ER28-T-217-218])+(0.60 x 
    [ER28-T-214-216])

    (E) The following equation shall be used to calculate the VOC 
emissions per batch from the V-4SAC listed at paragraph (x)(9)(i)(A)(34) 
of this section:
[GRAPHIC] [TIFF OMITTED] TR21MR95.002

Where:

FR1mmHg = Maximum air flow rate to maintain 1 mmHg;
Ma = Molecular weight of air; and
Pv2 = Vapor pressure of organic at 65 [deg]F and 760 mmHg.

    (F) The following equation shall be used to calculate the VOC 
emissions per batch from 20-CT-155 listed at paragraph (x)(9)(i)(A)(35) 
of this section:

[[Page 647]]

[GRAPHIC] [TIFF OMITTED] TR21MR95.003

Where:

ERtot = Total system emission rate calculated using the 
following equation:
[GRAPHIC] [TIFF OMITTED] TR21MR95.004

Where:

Pv1 = Vapor pressure of organic at 200 [deg]F and 350 mmHg.

    (G) The following equation shall be used to calculate the VOC 
emissions per hour from 12-SE-100 listed at paragraph (x)(9)(i)(A)(36) 
of this section:

ER(lb/hr) = Evap (gm/cm\2\ sec) x area (cm\2\) x 3600 sec/hr

Where:

Evap = Evaporation rate from a surface 8.93 cm x 8.9 cm (lb/[cm\2\] 
[sec]) calculated using the following equation:

Evap = 10-7 Mv0.71 x [0.034 (Pe - 
Pd) \1.25\ + 156 (Pe - Pd)]

Where:

Pe = Partial pressure of the component from the spilled 
liquid;
Pd = Partial pressure of the component in the incident air 
stream, assumed to be 0 mmhg; and
Area = Surface area of the liquid.

    (H) The following equation shall be used to calculate the VOC 
emissions per batch from the drum exhaust hood A listed at paragraph 
(x)(9)(i)(A)(37) of this section:
[GRAPHIC] [TIFF OMITTED] TR21MR95.005

Where:

FR = Air flow rate.

(I) The following equation shall be used to calculate the VOC emissions 
    per batch from 24-T-230 listed at paragraph (x)(9)(i)(A)(38) of this 
    section:
    [GRAPHIC] [TIFF OMITTED] TR21MR95.006
    
Where:

VH = Head space volume at heated temperature 135 [deg]F;
VA = Head space volume at ambient temperature 68 [deg]F;
PP135 [deg]F = Partial pressure of volatile component at 135 
[deg]F.
Constant 3 = (434 ft\3\/mole)(7.45 gal/ft\3\)x(760 mmHg)

    (J) The following equations shall be used to calculate the VOC 
emissions per batch from the process sources listed in paragraph 
(x)(9)(i) (39) through (47) of this section:

[[Page 648]]

[GRAPHIC] [TIFF OMITTED] TR21MR95.007

Where:

VR = Refill volume;
t = Time between refills;
org = Fraction of organic component in product;
CB = Concentration of chemical B fed 3 times/week;
VT = Tower volume;
dB = Density of chemical B;
CC = Concentration of chemical C fed continuously;
Evap = Evaporation rate; and
dc = Density of chemical C.

    (K) The number of batches for each process source shall be 
calculated as follows:
    (1) Compute the monthly number of batches for each process source by 
the 15th day of the following month.
    (2) By the 15th day of each month, add the monthly number of batches 
for each process source for the 12 previous months to obtain the total 
number of batches per year.
    (ii) Recordingkeeping. (A) On and after October 1, 1992, the owner 
and operator of the Nalco Chemical Company facility in Bedford Park, 
Illinois, shall keep the following records for all process sources 
listed in paragraphs (x)(9)(i)(A) (1) through (53) of this section. 
These records shall be maintained for the units specified in paragraphs 
(x)(9)(i) (A) through (K) of this section, be compiled on a monthly 
basis, be retained at the facility for a period of 3 years, and be made 
available to the Administrator upon request.
    (B) [Reserved]
    (1) Calculations of the pounds per batch or pounds per hour (as 
appropriate) for each batch for each process source. This includes the 
information necessary for each calculation.
    (2) The monthly number of batches for each process source.
    (3) The total number of batches per year for the 12 previous months 
for each process source.
    (10) The control requirements in this paragraph apply to the storage 
tanks listed in paragraph (x)(10)(i)(A) of this section at the Nalco 
Chemical Company facility in Bedford Park, Illinois, instead of the 
control requirements in paragraph (x)(3) of this section.
    (i) Production and Operation Restrictions. (A) On and after October 
1, 1992, the product of the molecular weight of vapor in each storage 
tank (Mv), the true vapor pressure at bulk liquid conditions 
for each tank (P), and the paint factor (Fp); the storage 
tank maximum yearly throughput for each tank; and the maximum monthly 
throughput for each tank shall not exceed the following limits:

------------------------------------------------------------------------
                               MV x P x Fp,      Yearly        Monthly
           Tank No.            (lb) (mmhg)/    throughput,   throughput,
                                  lb-mole        gal/yr       gal/month
------------------------------------------------------------------------
(1) 24-T-147.................         45.4           56,250        4,688
(2) 24-T-150.................        227            266,450       22,204
(3) 24-T-151.................        227            266,450       22,204
(4) 24-T-158N................         18.9          173,830       14,486
(5) 24-T-158C................         18.0          110,190        9,183
(6) 24-T-158S................          1.17          52,010        4,334
(7) 24-T-160.................        226.8          266,450       22,204
(8) 24-T-161.................        227            182,450       15,204
(9) 24-T-162.................        473             93,900        7,825
(10) 20-T-101................          3.72          90,290        7,525
(11) 20-T-102................          1.80         122,900       10,242
(12) 20-T-103................        420             23,960        1,997
(13) 20-T-104................        180            475,900       39,659
(14) 20-T-105................        370             52,360        4,363

[[Page 649]]

 
(15) 20-T-106................      1,210            623,100       51,926
(16) 20-T-107................        294             90,040        7,503
(17) 20-T-108................      1,360             81,470        6,789
(18) 20-T-109................      1,390            167,060       13,922
(19) 20-T-153................        180             35,000        2,917
(20) 20-T-131 \a\............  ............  ..............
(21) 20-T-132 \a\............  ............  ..............
(22) 20-T-133 \a\............  ............  ..............
(23) 20-T-134 \a\............  ............  ..............
(24) 20-T-135 \a\............  ............  ..............
(25) 20-T-136................         29.5          307,710       26,580
(26) 20-T-137 \a\............  ............  ..............
(27) 20-T-138................         29.5          307,710       26,580
(28) 32-T-305................        288            785,550       65,462
(29) 32-T-306................         66.5          165,350       13,779
(30) 32-T-307................         66.5          294,750       24,563
(31) 32-T-308................         66.5          128,470       10,706
(32) 32-T-310................         66.5           77,290        6,441
(33) 32-T-311................         66.5          182,130       15,177
(34) 32-T-319................         50.0          688,950       57,413
(35) 32-T-320................         50.0          688,950       57,413
(36) 32-T-326................         70.0          248,440       20,703
(37) 32-T-331................         70.0          489,540       40,795
(38) 32-T-332................         70.0           70,380        5,865
(39) 32-T-333................         70.0          270,850       22,571
(40) 32-T-334................         70.0          210,610       18,267
(41) 32-T-335................         70.0          418,200       34,850
(42) 32-T-336................         70.0          632,460       52,706
(43) 32-T-337................        798             53,850        4,488
(44) 17-T-206................     27,000            300,760       25,063
(45) 17-T-208................     27,000            300,760       25,063
(46) 17-T-207................          2.48         180,180       15,016
(47) 17-T-209................          2.48         180,180       15,016
(48) 24-T-515................        331            216,860       18,072
(49) 25-T-282................          1.42       1,920,410      160,034
(50) 25-T-283................          1.42       1,920,410      160,034
(51) 24-T-442................         18.0           90,990        7,583
(52) 17-T-210................         47.9          582,990       48,583
(53) 17-T-211................         47.9          582,990       48,583
(54) 17-T-212................        508            728,420       60,702
(55) 17-T-213................        508            728,420       60,702
(56) 17-T-401................         50.0          131,970       10,998
(57) 17-T-402................         15.0          120,160       10,014
(58) 17-T-403................          6.20         127,770       10,648
(59) 17-T-404................         26.5        1,601,510      133,460
(60) 17-T-405................         50.0          113,830        9,486
(61) 17-T-406................         40.0          231,030       19,253
(62) 17-T-407................        206            135,180       11,265
(63) 17-T-409................        395            327,410       27,285
(64) 17-T-410................        395            129,290       10,774
(65) 17-T-411................         50.0          213,870       17,843
(66) 17-T-412................         50.0          277,840       23,153
(67) 17-T-414................         50.0           72,920        6,077
(68) 17-T-415................         50.0           56,140        4,678
(69) 17-T-416................        395            393,550       32,796
(70) 17-T-417................         23.4          233,780       19,482
(71) 17-T-418................        115            873,270       72,773
(72) 17-T-419................        119            278,460       23,205
(73) 17-T-420................        112            730,780       60,898
(74) 17-T-421................         25.2          300,010       25,001
(75) 17-T-422................        115            873,270       72,773
(76) 17-T-423................         23.4          215,060       17,922
(77) 17-T-424................         23.4          209,610       17,468
(78) 26-T-218................         50.0           64,890        5,408
(79) 26-T-219................          1.50         197,900       16,492
(80) 26-T-220................      2,460            160,020       13,336
(81) 26-T-221................         50.0           74,820        6,235
(82) 26-T-222................         80.0           66,590        5,550
(83) 26-T-224................          4.80         225,290       18,774
(84) 26-T-225................         50.0           36,610        3,051
(85) 26-T-226................        294             47,390        3,949
(86) 26-T-227................         50.0           63,040        5,253

[[Page 650]]

 
(87) 26-T-228................        500            136,150       11,346
(88) 26-T-229................         50.0          112,970        9,414
(89) 26-T-231................         23.4          319,610       26,634
(90) 26-T-232................        117            564,280       47,024
(91) 26-T-233................         23.4          539,700       44,975
(92) 27-T-245................         21.6          361,970       30,165
(93) 27-T-246................        348            141,820       11,818
(94) 27-T-247................         23.4           71,670        5,972
(95) 27-T-248................        198             96,010        8,001
(96) 27-T-249................        927             51,240        4,270
(97) 27-T-250................        110            433,030       36,086
(98) 27-T-251................        396             45,440        3,787
(99) 27-T-252................         21.6          171,370       14,281
(100) 27-T-253...............        348            237,900       19,825
(101) 26-T-192...............         10.0          117,950        9,829
(102) 27-T-278...............          0.62          74,910        6,243
(103) 27-T-279...............          0.18         583,760       48,647
(104) 27-T-285...............         21.6          459,530       38,294
(105) 27-T-286...............         21.6          459,530       38,294
(106) 25-T-201...............         19.8          143,550       11,963
(107) 32-T-388...............          0.07         499,340       41,612
(108) 32-T-389...............          0.07         499,340       41,612
(109) 32-T-390...............        288            808,310      583,340
(110) 32-T-391...............          1.42          800,00      583,340
------------------------------------------------------------------------
\a\ Tank not in use.

    (B) The throughput shall be calculated as follows:
    (1) Compute the monthly throughput for each tank by the 15th day of 
the following month.
    (2) By the 15th day of each month, add the monthly throughputs for 
the 12 previous months to obtain the yearly throughput.
    (ii) Recordkeeping. (A) On and after October 1, 1992, the owner and 
operator of the Nalco Chemical Company facility in Bedford Park, 
Illinois, shall keep the following records for all storage tanks. These 
records shall be compiled on a monthly basis, be retained at the 
facility for a period of 3 years, and be made available to the 
Administrator upon request.
    (1) The molecular weight of vapor in each storage tank 
(Mv), the true vapor pressure at bulk liquid conditions for 
each tank (P), the paint factor (Fp), and their product. 
Fp shall be determined from Table 4.3-1 of ``Compilation of 
Air Pollutant Emission Factors, Volume I: Stationary Point and Area 
Sources,'' AP-42, September 1985.
    (2) The monthly throughput.
    (3) The total throughput per year for the 12 previous months.
    (B) [Reserved]
    (iii) Test Methods. (A) The true vapor pressure at bulk liquid 
temperature shall be determined by using the procedures specified in 
paragraph (a)(8) of this section.
    (B) The molecular weight of vapor in the storage tank shall be 
determined by using Table 4.3-2 ``Compilation of Air Pollutant Emission 
Factors, Volume I: Stationary Point and Area Sources,'' AP-42, September 
1985, or by analysis of vapor samples. Where mixtures of organic liquids 
are stored in a tank, Mv shall be estimated from the liquid 
composition using the following equation:
[GRAPHIC] [TIFF OMITTED] TR21MR95.008

Where:

Ma=Molecular weight of pure component a;
Pa=Vapor pressure of pure component a;
Xa=Mole fraction of pure component a in the liquid;
Mb=Molecular weight of pure component b;
Pb=Vapor pressure of pure component b;
Xb=Mole fraction of pure component b in the liquid; and
Pt=Pa X2= Pb Xb.

    (11) The control requirements in this paragraph apply to the 
fugitive emission sources listed in paragraph (x)(11)(i)(A) of this 
section at the Nalco Chemical Company facility in Bedfore

[[Page 651]]

Park, Illinois, instead of the control requirements in paragraph (x)(3) 
of this section.
    (i) Production and Operation Restrictions.
    (A) On and after October 1, 1992, all components (e.g., pumps, 
valves, flanges, pressure relief valves (PRV's), and open end lines) at 
the specified locations (e.g., Building 32--Tube Reactor System, etc.), 
and in the specified type of service (e.g., heavy liquid stratified, 
light liquid stratified, etc.) shall be limited by the maximum monthly 
hours in the following table:
    (ii) Recordkeeping.
    (A) On and after October 1, 1992, the owner and operator of the 
Nalco Chemical Company facility in Bedford Park, Illinois, shall keep 
the following records for all fugitive emission sources. These records 
shall be compiled on a monthly basis, be retained at the facility for a 
period of 3 years, and be made available to the Administrator upon 
request.
    (1) The total number of hours of organic service for each component 
at each location specified in paragraphs (x)(11)(i)(A) (1) through (10) 
of this section.
    (2) The vapor pressure of each organic compound in each component at 
each location specified in paragraphs (x)(11)(i)(A) (1) through (10) of 
this section.
    (B) [Reserved]
    (12) The control and recordkeeping and reporting requirements, as 
well as the test methods in this paragraph, apply to the gravure and 
screen press operations at the Meyercord Corporation (Meyercord) in 
Carol Stream, Illinois, instead of the requirements in paragraphs (x)(1) 
through (x)(5) of this section.
    (i) After July 1, 1991, no materials which contain volatile organic 
material (VOM), including coatings, inks, and cleaning material, may be 
used at any gravure or screen press unless the total VOM emissions 
remain below 100 tons of VOM for every consecutive 365-day period, or 
fraction thereof, starting on July 1, 1991. A new 365-day period starts 
on each day. The VOM emissions, which are to be calculated on a daily 
basis, are to be added to the VOM emissions for the prior 364 days (but 
not including any day prior to July 1, 1991). VOM emissions are based 
upon the VOM content of the material and the volume of material used. 
The effect of add-on control equipment is not considered in calculating 
VOM emissions; that is, the VOM emissions are to be determined as if the 
press(es) do(es) not have add-on control equipment. The applicable test 
methods and procedures specified in paragraph (a)(4) of this section are 
to be used in determining daily VOM emissions.
    (ii) The VOM content of each coating, ink, and cleaning solution 
shall be determined by the applicable test methods and procedures 
specified in paragraph (a)(4) of this section to establish the records 
required under paragraph (x)(12)(ii) of this section. Beginning on July 
1, 1991, the owner or operator of the subject presses shall collect and 
record all of the following information each day and maintain the 
information at the facility for 3 years:
    (A) The name and identification number of each coating, ink, and 
cleaning solution as applied on any press.
    (B) The pounds (lbs) of VOM per gallon of each coating, ink, and 
cleaning solution (minus water and any compounds which are specifically 
exempted from the definition of VOM) as applied on any press.
    (C) The total gallons of each coating, ink, and cleaning solution 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) used per day.
    (D) The total lbs of VOM contained in the volume of each coating, 
ink, and cleaning solution used per day on any press. The lbs of VOM per 
day is to be calculated by multiplying the lbs of VOM per gallon (minus 
water and any compounds which are specifically exempted from the 
definition of VOM) times the gallons (minus water and any compounds 
which are specifically exempted from the definition of VOM) used per 
day.
    (E) The total lbs of VOM per day from all coatings, inks, and 
cleaning solutions used on all presses. The total lbs of VOM per day is 
to be obtained by adding the lbs of VOM per day contained in all 
coatings, inks, and cleaning solutions.

[[Page 652]]

    (F) Within 7 days after each 365-day period, the VOM emissions (as 
calculated in paragraph (x)(12)(ii)(E)) of this section before add-on 
control, from the 365-day period, are to be determined.
    Starting on July 7, 1992, VOM emissions are to be determined for the 
365 days ending 7 days earlier. Each day concludes a new 365-day period. 
However, no VOM emissions are to be included for any days prior to July 
1, 1991. For example, on July 17, 1991, the emissions from July 1, 
through July 10, 1991, are to be included, whereas on January 7, 1994, 
the emissions from January 1, 1993, through December 31, 1993, are to be 
included.
    (13) The control and recordkeeping and reporting requirements, as 
well as the test methods in this paragraph, apply to the sheet fed cold 
set presses and web heatset presses at the Wallace Computer Services, 
Inc. (Wallace) printing and binding plant in Hillside, Illinois, instead 
of the requirements in 40 CFR 52.741(h) and 40 CFR 52.741(x)(1) through 
40 CFR 52.741(x)(5).
    (i) After July 1, 1991, no inks shall at any time be applied, at the 
presses indicated below, which exceed the pounds (lbs) volatile organic 
material (VOM) per gallon of ink (minus water and any compounds which 
are specifically exempted from the definition of VOM) limit established 
for each press. After July 1, 1991, the yearly volume of ink used at 
each press, in gallons of ink (minus water and any compounds which are 
specifically exempted from the definition of VOM) per year, shall not 
exceed the gallons per year limit established below for each press. The 
yearly volume of ink used per press is to be calculated according to the 
procedure in paragraph (x)(13)(iii) of this section.

------------------------------------------------------------------------
                                                      Lbs VOM/
                        Press                          gallon   Gallons/
                                                        ink     year ink
------------------------------------------------------------------------
14..................................................     1.68        276
16..................................................     1.68       1896
22..................................................     3.01       2712
23..................................................     3.01      13140
25..................................................     3.01      12720
26..................................................     3.01       4764
------------------------------------------------------------------------

    (ii) After July 1, 1991, no materials (other than those inks subject 
to the limits in paragraph (x)(13)(i)) of this section, shall at any 
time be applied or used, at the presses indicated below, which exceed 
the lbs VOM per gallon of material (minus water and any compounds which 
are specifically exempted from the definition of VOM) limit established 
for each press. After July 1, 1991, the yearly volume of material 
(excluding ink and water) used at each press, in gallons of material 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) per year, shall not exceed the gallons per year limit 
established for each press. The yearly volume of material (excluding ink 
and water) used per press is to be calculated according to the procedure 
in paragraph (x)(13)(iii) of this section.

------------------------------------------------------------------------
                                                     Lbs VOM/   Gallons/
                       Press                          gallon      year
                                                     material   material
------------------------------------------------------------------------
14.................................................       6.9        612
16.................................................       6.9      8,340
22.................................................       7.1        360
23.................................................       7.1        480
25.................................................       7.1        516
26.................................................       7.1      1,848
------------------------------------------------------------------------

    (iii) The yearly volume of ink/material used is to be calculated as 
follows:
    (A) Compute the volume of ink/material used each month per press by 
the 15th of the following month.
    (B) By the 15th of each month, add the monthly ink/material usage 
per press for the 12 previous months (to obtain the yearly volume of ink 
used).
    (iv) Beginning on July 1, 1991, the owner and operator of Wallace's 
plant in Hillside, Illinois, shall keep the following records for each 
press for each month. All records shall be retained by Wallace for 3 
years and shall be made available to the Administrator on request:
    (A) The name and identification number of each ink, fountain 
solution, fountain solution additive, cleaning solvent, and other VOM 
containing material as applied or used.
    (B) The weight of VOM per volume of each ink, fountain solution, 
fountain solution additive, cleaning solvent, and each other VOM 
containing material (minus water and any compounds which are 
specifically exempted from

[[Page 653]]

the definition of VOM) as applied or used each month.
    (C) The volume of ink (minus water and any compounds which are 
specifically exempted from the definition of VOM) as applied each month.
    (D) The total volume of miscellaneous VOM containing materials 
(minus water and any compounds which are specifically exempted from the 
definition of VOM), other than inks, that are used each month.
    (v) Any record showing a violation of paragraph (x)(13)(i) or 
(x)(13)(ii) of this section shall be reported by sending a copy of such 
record to the Administrator within 30 days of the violation.
    (vi) To determine compliance with paragraphs (x)(13)(i) and 
(x)(13)(ii) of this section and to establish the records required under 
paragraph (x)(13)(iv) of this section the VOM content of each ink and 
miscellaneous VOM containing material shall be determined by the 
applicable test methods and procedures specified in paragraph (a)(4) of 
this section.
    (14) The control and recordkeeping and reporting requirements, as 
well as the test methods in this paragraph, apply to the power-operated 
silk screen presses, the hand screen presses, the screen adhesive 
printing lines, the Andreotti rotogravure press, the Halley Rotogravure 
press, and the Viking press at the American Decal and Manufacturing 
Company's plant in Chicago, Illinois, instead of the requirements in 
paragraphs (h) and (x)(1) through (x)(5) of this section. The emissions 
from the sources listed above (in paragraph (x)(14) of this section) are 
to be included in the calculation of ``maximum theoretical emissions'' 
for determining applicability for any other sources (for which 
applicability is based on the quantity of maximum theoretical emissions) 
at American Decal and Manufacturing Company's Chicago plant not included 
in paragraph (x)(14) of this section.
    (i) After July 24, 1992, no inks, coatings, thinner, clean-up 
material or other VOC-containing material shall at any time be applied, 
at the presses/printing lines listed above (in paragraph (x)(14) of this 
section), which exceed the VOC content (in percent by weight VOC) limit 
established below. After July 24, 1992, the yearly usage (in weight of 
material applied) of ink, coating, thinner, clean-up material, and other 
VOC-containing material, shall not exceed the applicable pounds per year 
limit established below. The yearly weight of ink, coating, thinner, 
clean-up material, and other VOC-containing material is to be calculated 
according to the procedure in paragraph (x)(14)(ii) of this section.

------------------------------------------------------------------------
                                                                 Weight
                      Material                          Usage    Percent
                                                      (lbs/yr)     VOC
------------------------------------------------------------------------
6 ink......................................     9,076      56.8
7 ink......................................     1,278      54.2
2 ink......................................     2,911      72.7
Blue N.C. lacq......................................       394      64.3
Black M lacq........................................       753      61.6
4B9L Clear..........................................     2,451      77.1
4B9L H Clear........................................     3,360      75.0
Flow-Out Agent......................................     1,795      97.1
D.S. Stamp lacq.....................................     1,047      62.0
Dull write-on.......................................        86      71.6
AH-16...............................................       621      84.5
Thinner (7,6)..............................     2,350     100.0
Exon 470............................................     1,668      65.4
9L Clear............................................     2,451      77.1
White M lacq........................................     3,467      47.0
Tedlar Gr. Vehicle..................................     1,050      66.7
TH-98...............................................    22,047      73.2
TH-57...............................................        59      69.5
TH-14M..............................................    16,520       0.7
PS 160..............................................    10,644       3.0
1 tint.....................................     4,872      69.3
2 tint.....................................     4,256      83.7
Roto Color..........................................    13,884      62.0
1st SS White........................................    25,740      51.5
2nd SS White........................................    25,740      51.5
Clean Up............................................   108,742     100.0
Other Materials.....................................       400     100.0
------------------------------------------------------------------------

    (ii) The yearly weight of material used is to be calculated as 
follows:
    (A) Compute the weight of each ink, coating, thinner, clean-up 
material, and other VOC-containing material used each month by the 15th 
of the following month.
    (B) By the 15th of each month, add the monthly usage (in pounds) for 
each ink, coating, thinner, clean-up material, and other VOC-containing 
material for the twelve previous months (to obtain the yearly weight of 
each ink, coating, thinner, clean-up material used). A comparison of 
these yearly usage levels (in pounds) with purchase records must be made 
to ensure the accuracy of the monthly usage levels (in pounds) obtained 
to satisfy paragraph (x)(14)(ii)(A) of this section.
    (iii) Beginning on August 1, 1992, the owner and operator of the 
American Decal and Manufacturing Company

[[Page 654]]

plant in Chicago, Illinois, shall keep the following records for each 
ink, coating, thinner, clean-up material, and other VOC-containing 
material for each month. All records shall be kept by the American Decal 
and Manufacturing Company for 3 years and shall be made available to the 
Administrator on request:
    (A) The name and identification number of each ink, coating, 
thinner, clean-up material, and other VOC-containing material as applied 
or used.
    (B) The weight percent VOC of each ink, coating, thinner, clean-up 
material, and each other VOC-containing material as applied or used each 
month.
    (C) The as applied weight of each ink, coating, thinner, clean-up 
material, and other VOC-containing material used each month.
    (iv) Any record showing a violation of paragraph (x)(14)(i) of this 
section after October 20, 1995 shall be reported by sending a copy of 
such record to the Administrator within 30 days of the violation.
    (v) To determine compliance with paragraph (x)(14)(i) of this 
section and to establish the records required under paragraph 
(x)(14)(iii) of this section, the weight percent VOC of each ink, 
coating, thinner, clean-up material, and other VOC-containing material 
shall be determined by the applicable test methods and procedures 
specified in paragraph (a)(4) of this section. Any material reported to 
be 100 percent VOC does not have to be tested for weight percent VOC.
    (y) Recordkeeping and reporting for non-CTG sources--(1) Exempt 
emission sources. Upon request by the Administrator, the owner or 
operator of an emission source which is exempt from the requirements of 
paragraphs (u), (v), (w), (x), or (e)(3)(ii) of this section shall 
submit records to the Administrator within 30 calendar days from the 
date of the request that document that the emission source is exempt 
from those requirements.
    (2) Subject emission sources. (i) Any owner or operator of a VOM 
emission source which is subject to the requirements of paragraph (u), 
(v), (w) or (x) of this section and complying by the use of emission 
capture and control equipment shall comply with the following:
    (A) By July 1, 1991, or upon initial start-up of a new emission 
source, the owner or operator of the subject VOM emission source shall 
perform all tests and submit to the Administrator the results of all 
tests and calculations necessary to demonstrate that the subject 
emission source will be in compliance on and after July 1, 1991, or on 
and after the initial start-up date.
    (B) On and after July 1, 1991, or on and after the initial start-up 
date, the owner or operator of a subject VOM emission source shall 
collect and record all of the following information each day and 
maintain the information at the facility for a period of three years:
    (1) Control device monitoring data.
    (2) A log of operating time for the capture system, control device, 
monitoring equipment and the associated emission source.
    (3) A maintenance log for the capture system, control device and 
monitoring equipment detailing all routine and non-routine maintenance 
performed including dates and duration of any outages.
    (C) On and after July 1, 1991, the owner or operator of a subject 
VOM emission source shall notify the Administrator in the following 
instances:
    (1) Any record showing a violation of the requirements of paragraphs 
(u), (v), (w), or (x) of this section shall be reported by sending a 
copy of such record to the Administrator within 30 days following the 
occurrence of the violation.
    (2) At least 30 calendar days before changing the method of 
compliance with paragraphs (u) or (x) of this section from the use of 
capture systems and control devices to the use of complying coatings, 
the owner or operator shall comply with all requirements of paragraph 
(y)(2)(ii)(A) of this section. Upon changing the method of compliance 
with paragraphs (u) or (x) of this section from the use of capture 
systems and control devices to the use of complying coatings, the owner 
or operator shall comply with all requirements of paragraph (y)(2)(ii) 
of this section.

[[Page 655]]

    (ii) Any owner or operator of a coating line which is subject to the 
requirements of paragraphs (u) or (x) of this section and complying by 
means of the daily-weighted average VOM content limitation shall comply 
with the following:
    (A) By July 1, 1991, or upon initial start-up of a coating line 
subject to paragraph (u) or (x) of this section; the owner or operator 
of the subject coating line shall certify to the Administrator that the 
coating line will be in compliance on and after July 1, 1991, or on and 
after the initial start-up date. Such certification shall include:
    (1) The name and identification number of each coating line which 
will comply by means of the daily-weighted average VOM content 
limitation.
    (2) The name and identification number of each coating as applied on 
each coating line.
    (3) The weight of VOM per volume and the volume of each coating 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) as applied each day on each coating line.
    (4) The instrument or method by which the owner or operator will 
accurately measure or calculate the volume of each coating as applied 
each day on each coating line.
    (5) The method by which the owner or operator will create and 
maintain records each day as required in paragraph (y)(2)(ii)(B) of this 
section.
    (6) An example of the format in which the records required in 
paragraph (y)(2)(ii)(B) of this section will be kept.
    (B) On and after July 1, 1991, or on and after the initial start-up 
date, the owner or operator of a subject coating line shall collect and 
record all of the following information each day for each coating line 
and maintain the information at the facility for a period of three 
years:
    (1) The name and identification number of each coating as applied on 
each coating line.
    (2) The weight of VOM per volume and the volume of each coating 
(minus water and any compounds which are specifically exempted from the 
definition of VOM) as applied each day on each coating line.
    (3) The daily-weighted average VOM content of all coatings as 
applied on each coating line as defined in paragraph (a)(3) of this 
section.
    (C) On and after July 1, 1991, the owner or operator of a subject 
coating line shall notify the Administrator in the following instances:
    (1) Any record showing violation of the requirements of paragraph 
(u) or (x) of this section shall be reported by sending a copy of such 
record to the Administrator within 30 days following the occurrence of 
the violation.
    (2) At least 30 calendar days before changing the method of 
compliance with paragraph (u) or (x) of this section from the use of 
complying coatings to the use capture systems and control devices, the 
owner or operator shall comply with all requirements of paragraph 
(y)(2)(i)(A) of this section. Upon changing the method of compliance 
with paragraphs (u) or (x) of this section from the use of complying 
coatings to the use capture systems and control devices, the owner or 
operator shall comply with all requirements of paragraph (y)(2)(i) of 
this section.
    (iii) Any owner or operator of a VOM emission source which is 
subject to the requirements of paragraphs (u), (v), (w) or (x) of this 
section and complying by means of an alternative control plan which has 
been approved by the Administrator as a SIP or FIP revision shall comply 
with the recordkeeping and reporting requirements specified in the 
altenative control plan.
    (z) Rules stayed. Not withstanding any other provision of this 
subpart, the effectiveness of the following rules is stayed as indicated 
below.
    (1) [Reserved]
    (2) Compliance with all of 40 CFR 52.741 is stayed for 60 days (July 
1, 1991, until August 30, 1991) as it pertains to the following parties: 
The Illinois Environmental Regulatory Group including its approximately 
40 member firms; Allsteel, Incorporated; Riverside Laboratories, 
Incorporated; the Printing Industry of Illinois/Indiana Association 
including its member firms, and R.R. Donnelley & Sons Company; the rules 
applicable to General Motors Corporation; Reynolds Metals Company; 
Stepan Company; and Duo-Fast Corporation. Final compliance for these

[[Page 656]]

parties is extended 60 days from July 1, 1991 until August 30, 1991.
    (3) The following rules are stayed from July 23, 1991, until USEPA 
completes its reconsideration as indicated:
    (i) 40 CFR 52.741(e) only as it applies to Duo-Fast Corporation's 
Franklin Park, Illinois ``power-driven metal fastener'' manufacturing 
facility, and
    (ii) 40 CFR 52.741 (w) and (y) only as it applies to Stepan 
Company's miscellaneous organic chemical manufacturing processes at its 
manufacturing facility located near Millsdale, Illinois.
    When USEPA concludes its reconsideration, it will publish its 
decision and any actions required to effectuate that decision in the 
Federal Register.
    (4)-(5) [Reserved]

Appendix A to Sec. 52.741--List of Chemicals Defining Synthetic Organic 
                   Chemical and Polymer Manufacturing

------------------------------------------------------------------------
              OCPDB No.\1\                           Chemical
------------------------------------------------------------------------
20.....................................  Acetal.
30.....................................  Acetaldehyde.
40.....................................  Acetaldol.
50.....................................  Acetamide.
65.....................................  Acetanilide.
70.....................................  Acetic acid.
80.....................................  Acetic anhydride.
90.....................................  Acetone.
100....................................  Acetone cyanohydrin.
110....................................  Acetonitrile.
120....................................  Acetophenone.
125....................................  Acetyl chloride.
130....................................  Acetylene.
140....................................  Acrolein.
150....................................  Acrylamide.
160....................................  Acrylic acid & esters.
170....................................  Acrylonitrile.
180....................................  Adipic acid.
185....................................  Adiponitrile.
190....................................  Alkyl naphthalenes.
200....................................  Allyl alcohol.
210....................................  Allyl chloride.
220....................................  Aminobenzoic acid.
230....................................  Aminoethylethanolamine.
235....................................  p-aminophenol.
240....................................  Amyl acetates.
250....................................  Amyl alcohols.
260....................................  Amyl amine.
270....................................  Amyl chloride.
280....................................  Amyl mercaptans.
290....................................  Amyl phenol.
300....................................  Aniline.
310....................................  Aniline hydrochloride.
320....................................  Anisidine.
330....................................  Anisole.
340....................................  Anthranilic acid.
350....................................  Anthraquinone.
360....................................  Benzaldehyde.
370....................................  Benzamide.
380....................................  Benzene.
390....................................  Benzenedisulfonic acid.
400....................................  Benzene-sulfonic acid.
410....................................  Benzil.
420....................................  Benzilic acid.
430....................................  Benzoic acid.
440....................................  Benzoin.
450....................................  Bennzonitrile.
460....................................  Benzophenone.
480....................................  Benzotrichloride.
490....................................  Benzoyl chloride.
500....................................  Benzyl chalcohol.
510....................................  Benzyl amine.
520....................................  Benzyl benzoate.
530....................................  Benzyl chloride.
540....................................  Benzyl dichloride.
550....................................  Biphenyl.
560....................................  Bisphenol A.
570....................................  Bromobenzene.
580....................................  Bromonaphthalene.
590....................................  Butadiene.
592....................................  1-butene.
600....................................  n-butyl acetate.
630....................................  n-butyl acrylate.
640....................................  n-butyl alcohol.
650....................................  s-butyl alcohol.
660....................................  t-butyl alcohol.
670....................................  n-butylamine.
680....................................  s-butylamine.
690....................................  t-butylamine.
700....................................  p-pert-butyl benzoic acid.
750....................................  n-butyraldehyde.
760....................................  Butyric acid.
770....................................  Butyric anhydride.
780....................................  Butyronitrile.
785....................................  Caprolactam.
790....................................  Carbon disulfide.
800....................................  Carbon tetrabromide.
810....................................  Carbon tetrachloride.
820....................................  Cellulose acetate.
840....................................  Chloroacetic acid.
850....................................  m-chloroaniline.
860....................................  o-chloroaniline.
870....................................  p-chloroaniline.
880....................................  Chlorobenzaldehyde.
890....................................  Chlorobenzene.
900....................................  Chlorobenzoic acid.
905....................................  Chlorobenzotrichloride.
910....................................  Chlorobenzoyl chloride.
920....................................  Chlorodifluoroethane.
921....................................  Chlorodifluoromethane.
930....................................  Chloroform
940....................................  Chloronaphthalene.
950....................................  o-chloronitrobenzene.
951....................................  p-chloronitrobenzene.
960....................................  Chlorophenols.
964....................................  Chloroprene.
965....................................  Chlorosulfonic acid.
970....................................  m-chlorotoluene.
980....................................  o-chlorotoluene.
990....................................  p-chlorotoluene.
992....................................  Chlorotrifluoromethane.
1000...................................  m-cresol.
1010...................................  o-cresol.
1020...................................  p-cresol.
1021...................................  Mixed cresols.
1030...................................  Cresylic acid.
1040...................................  Crontonaldehyde.
1050...................................  Crontonic acid.
1060...................................  Cumene.
1070...................................  Cumene hydroperoxide.
1080...................................  Cyanoacetic acid.
1090...................................  Cyanogen chloride.
1100...................................  Cyanuric acid.
1110...................................  Cyanuric chloride.
1120...................................  Cychohexane.
1130...................................  Cyclohexanol.
1140...................................  Cyclohexanone.

[[Page 657]]

 
1150...................................  Cyclohexene.
1160...................................  Cyclohexylamine.
1170...................................  Cyclooctadiene.
1180...................................  Decanol.
1190...................................  Diacetone alcohol.
1200...................................  Diaminobenzoic acid.
1210...................................  Dichloroaniline.
1215...................................  m-dichlorobenzene.
1216...................................  o-dichlorobenzene.
1220...................................  p-dichlorobenzene.
1221...................................  Dichlorodifluoromethane.
1240...................................  Dichloroethyl ether 1,2-
                                          dichloroethane.
1250...................................  Dichlorohydrin
1270...................................  Dichloropropene.
1280...................................  Dicyclohexylamine.
1290...................................  Diethylamine.
1300...................................  Diethylene glycol.
1304...................................  Diethylene glycol diethyl
                                          ether.
1305...................................  Diethylene glycol dimethyl
                                          ether.
1310...................................  Diethylene glycolmonobutyl
                                          ether.
1320...................................  Diethylene glycolmonobutyl
                                          ether acetate.
1330...................................  Diethylene glycolmonoethyl
                                          ether.
1340...................................  Diethylene glycolmonoethyl
                                          ether acetate.
1360...................................  Diethylene glycolmonomethyl
                                          ether.
1420...................................  Diethyl sulfate.
1430...................................  Difluoroethane.
1440...................................  Diisobutylene.
1442...................................  Diisodecyl phthalate.
1444...................................  Diisooctyl phthalate.
1450...................................  Diketene.
1460...................................  Dimethylamine.
1470...................................  N,N-dimethylaniline.
1480...................................  N,N-dimethylether.
1490...................................  N,N-dimethylformamide.
1495...................................  Dimethylhydrazine.
1500...................................  Dimethyl sulfate.
1510...................................  Dimethyl sulfide.
1520...................................  Dimethylsulfoxide.
1530...................................  Dimethylterephthalate.
1540...................................  3,5-dinitrobenzoic acid.
1545...................................  Dinitrophenol.
1560...................................  Dioxane.
1570...................................  Dioxolane.
1580...................................  Diphenylamine.
1590...................................  Diphenyl oxide.
1600...................................  Diphenyl thiourea.
1610...................................  Dipropylene glycol.
1620...................................  Dodecene.
1630...................................  Dodecylaniline.
1640...................................  Dodecylphenol.
1650...................................  Epichlorohydrin.
1660...................................  Ethanol.
1661...................................  Ethanolamines.
1670...................................  Ethyl acetate.
1680...................................  Ethyl acetoacetate.
1690...................................  Ethyl acrylate.
1700...................................  Ethylamine.
1710...................................  Ethylbenzene.
1720...................................  Ethyl bromide.
1730...................................  Ethylcellulose.
1740...................................  Ethyl chloride.
1750...................................  Ethyl chloroacetate.
1760...................................  Ethylcyanoacetate.
1770...................................  Ethylene.
1780...................................  Ethylene carbonate.
1790...................................  Ethylene chlorodhydrin.
1800...................................  Ethylenediamine.
1810...................................  Ethylene dibromide.
1830...................................  Ethylene glycol.
1840...................................  Ethylene glycol diacetate.
1870...................................  Ethylene glycol dimethyl ether.
1890...................................  Ethylene glycol monobutyl
                                          ether.
1900...................................  Ethylene glycol monobutyl ether
                                          acetate.
1910...................................  Ethylene glycol monoethyl
                                          ether.
1920...................................  Ethylene glycol monoethyl ether
                                          acetate.
1930...................................  Ethylene glycol monoethyl
                                          ether.
1940...................................  Ethylene glycol monomethyl
                                          ether acetate.
1960...................................  Ethylene glycol monophenyl
                                          ether.
1970...................................  Ethylene glycol monopropyl
                                          ether.
1980...................................  Ethylene oxide.
1990...................................  Ethyl ether.
2000...................................  2-ethylhexanol.
2010...................................  Ethyl orthoformate.
2020...................................  Ethyl oxalate.
2030...................................  Ethyl sodium oxalacetate.
2040...................................  Formaldehyde.
2050...................................  Formamide.
2060...................................  Formic acid.
2070...................................  Fumaric acid.
2073...................................  Furfural.
2090...................................  Glycerol (Synthetic).
2091...................................  Glycerol dichlorohydrin.
2100...................................  Glycerol triether.
2110...................................  Glycine.
2120...................................  Glyoxal.
2145...................................  Hexachlorobenzene.
2150...................................  Hexachloroethane.
2160...................................  Hexadecyl alcohol.
2165...................................  Hexamethylenediamine.
2170...................................  Hexamethylene glycol.
2180...................................  Hexamethylentetramine.
2190...................................  Hydrogen cyanide.
2200...................................  Hydroquinone.
2210...................................  p-hydroxy-benzoic acid.
2240...................................  Isoamylene.
2250...................................  Isobutanol.
2260...................................  Isobutyl acetate.
2261...................................  Isobutylene.
2270...................................  Isobutyraldehyde.
2280...................................  Isobutyric acid.
2300...................................  Isodecanol.
2320...................................  Isooctyl alcohol.
2321...................................  Isopentane.
2330...................................  Isophorone.
2340...................................  Isophthalic acid.
2350...................................  Isoprene.
2360...................................  Isopropanol.
2370...................................  Isopropyl acetate.
2380...................................  Isopropylamine.
2390...................................  Isopropyl chloride.
2400...................................  Isopropylphenol.
2410...................................  Ketene.
2414...................................  Linear alkylsulfonate.
2417...................................  Linear alkylbenzene.
2420...................................  Maleic acid.
2430...................................  Maleic anhydride.
2440...................................  Malic acid.
2450...................................  Mesityl oxide.
2455...................................  Metanilic acid.
2460...................................  Methacrylic acid.
2490...................................  Methallyl chloride.
2500...................................  Methanol.
2510...................................  Methyl acetate.
2520...................................  Methyl acetoacetate.
2530...................................  Methylamine.
2540...................................  n-methylaniline.
2545...................................  Methyl bromide.
2550...................................  Methyl butynol.
2560...................................  Methyl chloride.
2570...................................  Methyl cyclohexane.
2590...................................  Methyl cyclohexanone.
2620...................................  Methylene chloride.
2630...................................  Methylene dianiline.
2635...................................  Methylene diphenyl
                                          diisocyanate.
2640...................................  Methyl ethyl ketone.
2644...................................  Methyl formate.

[[Page 658]]

 
2650...................................  Methyl isobutyl carbinol.
2660...................................  Methyl isobutyl ketone.
2665...................................  Methyl methacrylate.
2670...................................  Methyl pentynol.
2690...................................  a-methyl styrene.
2700...................................  Morpholine.
2710...................................  a-napthalene sulfonic acid.
2720...................................  B-napthalene sulfonic acid.
2730...................................  a-naphthol.
2740...................................  B-naphthol.
2750...................................  Neopentanoic acid.
2756...................................  o-nitroaniline.
2757...................................  p-nitroaniline.
2760...................................  o-nitroanisole.
2762...................................  p-nitroanisole.
2770...................................  Nitrobenzene.
2780...................................  Nitrobenzoic acid (o, m & p).
2790...................................  Nitroethane.
2791...................................  Nitromethane.
2792...................................  Nitrophenol.
2795...................................  Nitropropane.
2800...................................  Nitrotoluene.
2810...................................  Nonene.
2820...................................  Nonyl phenol.
2830...................................  Octyl phenol.
2840...................................  Paraldehyde.
2850...................................  Pentaerythritol.
2851...................................  n-pentane.
2855...................................  l-pentene.
2860...................................  Perchloroethylene.
2882...................................  Perchloromethylmercaptan.
2890...................................  o-phenetidine.
2900...................................  p-phenetidine.
2910...................................  Phenol.
2920...................................  Phenolsulfonic acids.
2930...................................  Phenyl anthranilic acid.
2940...................................  Phenylenediamine.
2960...................................  Phthalic anhydride.
2970...................................  Phthalimide.
2973...................................  b-picoline.
2976...................................  Piperazine.
3000...................................  Polybutenes.
3010...................................  Polyethylene glycol.
3025...................................  Polypropylene glycol.
3063...................................  Propionaldehyde.
3066...................................  Propionic acid.
3070...................................  n-propyl alcohol.
3075...................................  Propylamine.
3080...................................  Propyl chloride.
3090...................................  Propylene.
3100...................................  Propylene chlorohydrin.
3110...................................  Propylene dichloride.
3111...................................  Propylene glycol.
3120...................................  Propylene oxide.
3130...................................  Pyridine.
3140...................................  Quinone.
3150...................................  Resorcinol.
3160...................................  Resorcylic acid.
3170...................................  Salicylic acid.
3180...................................  Sodium acetate.
3181...................................  Sodium benzoate.
3190...................................  Sodium carboxymethylcellulose.
3191...................................  Sodium chloroacetate.
3200...................................  Sodium formate.
3210...................................  Sodium phenate.
3220...................................  Sorbic acid.
3230...................................  Styrene.
3240...................................  Succinic acid.
3250...................................  Succinitrile.
3251...................................  Sulfanilic acid.
3260...................................  Sulfolane.
3270...................................  Tannic acid.
3280...................................  Terephthalic acid.
3290 & 3291............................  Tetrachloroethanes.
3300...................................  Tetrachlorophthalic anhydride.
3310...................................  Tetraethyllead.
3320...................................  Tetrahydronaphthalene.
3330...................................  Tetrahydrophthalic anhydride.
3335...................................  Tetramethyllead.
3340...................................  Tetramethylenediamine.
3341...................................  Tetramethylethylenediamine.
3349...................................  Toluene.
3350...................................  Toluene-2,4-diamine.
3354...................................  Toluene-2,4-diisocyanate.
3355...................................  Toluene diisocyanates
                                          (mixture).
3360...................................  Toluene sulfonamide.
3370...................................  Toluene sulfonic acids.
3380...................................  Toluene sulfonylchloride.
3381...................................  Toluidines.
3393...................................  Trichlorobenzenes.
3395...................................  1,1,1-trichloroethane.
3400...................................  1,1,2-trichloroethane.
3410...................................  Trichloroethylene.
3411...................................  Trichlorofluoromethane.
3420...................................  1,2,3-trichloropropane.
3430...................................  1,1,2-trichloro-1,2,2-
                                          trifluoroethane.
3450...................................  Triethylamine.
3460...................................  Triethylene glycol.
3470...................................  Triethylene glycoldimethyl
                                          ether.
3480...................................  Triisobutylene.
3490...................................  Trimethylamine.
3510...................................  Vinyl acetate.
3520...................................  Vinyl chloride.
3530...................................  Vinylidene chloride.
3540...................................  Vinyl toluene.
3541...................................  Xylene (mixed).
3560...................................  o-xylene.
3570...................................  p-xylene.
3580...................................  Xylenol.
3590...................................  Xylidine, 1,3-butylene glycol,
                                          Dinitrotoluene,
                                          Methyltertbutyl ether,
                                          Phosgene, Polyethylene,
                                          Polypropylene, Polystyrene,
                                          Urea.
------------------------------------------------------------------------
\1\ The OCPDB Numbers are reference indices assigned to the various
  chemicals in the Organic Chemical Producers Data Base developed by the
  USEPA.

   Appendix B to Sec. 52.741--VOM Measurement Techniques for Capture 
                               Efficiency

                  Procedure G.1--Captured VOC Emissions

                             1. Introduction

    1.1 Applicability. This procedure is applicable for determining the 
volatile organic compounds (VOC) content of captured gas streams. It is 
intended to be used as a segment in the development of liquid/gas or 
gas/gas protocols for determining VOC capture efficiency (CE) for 
surface coating and printing operations. The procedure may not be 
acceptable in certain site-specific situations, e.g., when: (1) Direct 
fired heaters or other circumstances affect the quantity of VOC at the 
control device inlet; and (2) particulate organic aerosols are formed in 
the process and are present in the captured emissions.
    1.2 Principle. The amount of VOC captured (G) is calculated as the 
sum of the products of the VOC content (CGj), the flow rate 
(QGj), and the sample time (TC) from each captured 
emissions point.

[[Page 659]]

    1.3 Estimated measurement uncertainty. The measurement uncertainties 
are estimated for each captured or fugitive emissions point as follows: 
QGj=5.5 percent and 
CGj=5.0 percent. Based on these 
numbers, the probable uncertainty for G is estimated at about 7.4 percent.
    1.4 Sampling requirements. A capture efficiency test shall consist 
of at least three sampling runs. The sampling time for each run should 
be at least 8 hours, unless otherwise approved.
    1.5 Notes. Because this procedure is often applied in highly 
explosive areas, caution and care should be exercised in choosing 
appropriate equipment and installing and using the equipment. Mention of 
trade names or company products does not constitute endorsement. All gas 
concentrations (percent, ppm) are by volume, unless otherwise noted.

                        2. Apparatus and Reagents

    2.1 Gas VOC concentration. A schematic of the measurement system is 
shown in Figure 1. The main components are described below:
    2.1.1 Sample probe. Stainless steel, or equivalent. The probe shall 
be heated to prevent VOC condensation.
    2.1.2 Calibration valve assembly. Three-way valve assembly at the 
outlet of sample probe to direct the zero and calibration gases to the 
analyzer. Other methods, such as quick-connect lines, to route 
calibration gases to the outlet of the sample probe are acceptable.
    2.1.3 Sample line. Stainless steel or Teflon tubing to transport the 
sample gas to the analyzer. The sample line must be heated to prevent 
condensation.
    2.1.4 Sample pump. A lead-free pump, to pull the sample gas through 
the system at a flow rate sufficient to minimize the response time of 
the measurement system. The components of the pump that contact the gas 
stream shall be constructed of stainless steel or Teflon. The sample 
pump must be heated to prevent condensation.
    2.1.5 Sample flow rate control. A sample flow rate control valve and 
rotameter, or equivalent, to maintain a constant sampling rate within 10 
percent. The flow rate control valve and rotameter must be heated to 
prevent condensation. A control valve may also be located on the sample 
pump bypass loop to assist in controlling the sample pressure and flow 
rate.
    2.1.6 Sample gas manifold. Capable of diverting a portion of the 
sample gas stream to the flame ionization analyzer (FIA), and the 
remainder to the bypass discharge vent. The manifold components shall be 
constructed of stainless steel or Teflon. If captured or fugitive 
emissions are to be measured at multiple locations, the measurement 
system shall be designed to use separate sampling probes, lines, and 
pumps for each measurement location and a common sample gas manifold and 
FIA. The sample gas manifold and connecting lines to the FIA must be 
heated to prevent condensation.
    2.1.7 Organic concentration analyzer. An FIA with a span value of 
1.5 times the expected concentration as propane; however, other span 
values may be used if it can be demonstrated that they would provide 
more accurate measurements.
    The system shall be capable of meeting or exceeding the following 
specifications:
    2.1.7.1 Zero drift. Less than 3.0 percent of 
the span value.
    2.1.7.2 Calibration drift. Less than 3.0 
percent of the span value.
    2.1.7.3 Calibration error. Less than 5.0 
percent of the calibration gas value.
    2.1.7.4 Response time. Less than 30 seconds.
    2.1.8 Integrator/data acquisition system. An analog or digital 
device or computerized data acquisition system used to integrate the FIA 
response or compute the average response and record measurement data. 
The minimum data sampling frequency for computing average or integrated 
values is one measurement value every 5 seconds. The device shall be 
capable of recording average values at least once per minute.
    2.1.9 Calibration and other gases. Gases used for calibration, fuel, 
and combustion air (if required) are contained in compressed gas 
cylinders. All calibration gases shall be traceable to NIST standards 
and shall be certified by the manufacturer to 1 
percent of the tag value. Additionally, the manufacturer of the cylinder 
should provide a recommended shelf life for each calibration gas 
cylinder over which the concentration does not change more than 2 percent from the certified value. For calibration gas 
values not generally available, alternative methods for preparing 
calibration gas mixtures, such as dilution systems, may be used with 
prior approval.
    2.1.9.1 Fuel. A 40 percent H2/60 percent He or 40 percent 
H2/60 percent N2 gas mixture is recommended to 
avoid an oxygen synergism effect that reportedly occurs when oxygen 
concentration varies significantly from a mean value.
    2.1.9.2 Carrier gas. High purity air with less than 1 ppm of organic 
material (as propane or carbon equivalent) or less than 0.1 percent of 
the span value, whichever is greater.
    2.1.9.3 FIA Linearity calibration gases. Low-, mid-, and high-range 
gas mixture standards with nominal propane concentrations of 20-30, 45-
55, and 70-80 percent of the span value in air, respectively. Other 
calibration values and other span values may be used if it can be shown 
that more accurate measurements would be achieved.
    2.1.10 Particulate filter. An in-stack or an out-of-stack glass 
fiber filter is recommended if exhaust gas particulate loading is 
significant. An out-of-stack filter must be

[[Page 660]]

heated to prevent any condensation unless it can be demonstrated that no 
condensation occurs.
    2.2 Captured emissions volumetric flow rate.
    2.2.1 Method 2 or 2A apparatus. For determining volumetric flow 
rate.
    2.2.2 Method 3 apparatus and reagents. For determining molecular 
weight of the gas stream. An estimate of the molecular weight of the gas 
stream may be used if it can be justified.
    2.2.3 Method 4 apparatus and reagents. For determining moisture 
content, if necessary.

     3. Determinations of Volumetric Flow Rate of Captured Emissions

    3.1 Locate all points where emissions are captured from the affected 
facility. Using Method 1, determine the sampling points. Be sure to 
check each site for cyclonic or swirling flow.
    3.2 Measure the velocity at each sampling site at least once every 
hour during each sampling run using Method 2 or 2A.

         4. Determinations of VOC Content of Captured Emissions

    4.1 Analysis duration. Measure the VOC responses at each captured 
emissions point during the entire test run or, if applicable, while the 
process is operating. If there are multiple captured emission locations, 
design a sampling system to allow a single FIA to be used to determine 
the VOC responses at all sampling locations.
    4.2 Gas VOC concentration.
    4.2.1 Assemble the sample train as shown in Figure 1. Calibrate the 
FIA according to the procedure in section 5.1.
    4.2.2 Conduct a system check according to the procedure in section 
5.3.
    4.2.3 Install the sample probe so that the probe is centrally 
located in the stack, pipe, or duct, and is sealed tightly at the stack 
port connection.
    4.2.4 Inject zero gas at the calibration valve assembly. Allow the 
measurement system response to reach zero. Measure the system response 
time as the time required for the system to reach the effluent 
concentration after the calibration valve has been returned to the 
effluent sampling position.
    4.2.5 Conduct a system check before and a system check after each 
sampling run according to the procedures in sections 5.2 and 5.3. If the 
drift check following a run indicates unacceptable performance, the run 
is not valid. The tester may elect to perform system drift checks during 
the run not to exceed one drift check per hour.
    4.2.6 Verify that the sample lines, filter, and pump temperatures 
are 120 5 [deg]C.
    4.2.7 Begin sampling at the start of the test period and continue to 
sample during the entire run. Record the starting and ending times and 
any required process information as appropriate. If multiple captured 
emission locations are sampled using a single FIA, sample at each 
location for the same amount of time (e.g., 2 minutes) and continue to 
switch from one location to another for the entire test run. Be sure 
that total sampling time at each location is the same at the end of the 
test run. Collect at least 4 separate measurements from each sample 
point during each hour of testing. Disregard the measurements at each 
sampling location until two times the response time of the measurement 
system has elapsed. Continue sampling for at least 1 minute and record 
the concentration measurements.
    4.3 Background concentration.
    4.3.1 Locate all NDO's of the TTE. A sampling point shall be 
centrally located outside of the TTE at 4 equivalent diameters from each 
NDO, if possible. If there are more than 6 NDO's, choose 6 sampling 
points evenly spaced among the NDO's.
    4.3.2 Assemble the sample train as shown in Figure 2. Calibrate the 
FIA and conduct a system check according to the procedures in sections 
5.1 and 5.3.

    Note: This sample train shall be a separate sampling train from the 
one to measure the captured emissions.

    4.3.3 Position the probe at the sampling location.
    4.3.4 Determine the response time, conduct the system check and 
sample according to the procedures described in sections 4.2.4 to 4.2.7.
    4.4 Alternative procedure. The direct interface sampling and 
analysis procedure described in section 7.2 of Method 18 may be used to 
determine the gas VOC concentration. The system must be designed to 
collect and analyze at least one sample every 10 minutes.

                  5. Calibration and Quality Assurance

    5.1 FIA calibration and linearity check. Make necessary adjustments 
to the air and fuel supplies for the FIA and ignite the burner. Allow 
the FIA to warm up for the period recommended by the manufacturer. 
Inject a calibration gas into the measurement system and adjust the 
back-pressure regulator to the value required to achieve the flow rates 
specified by the manufacturer. Inject the zero- and the high-range 
calibration gases and adjust the analyzer calibration to provide the 
proper responses. Inject the low- and mid-range gases and record the 
responses of the measurement system. The calibration and linearity of 
the system are acceptable if the responses for all four gases are within 
5 percent of the respective gas values. If the performance of the system 
is not acceptable, repair or adjust the system and repeat the linearity 
check. Conduct a

[[Page 661]]

calibration and linearity check after assembling the analysis system and 
after a major change is made to the system.
    5.2 Systems drift checks. Select the calibration gas that most 
closely approximates the concentration of the captured emissions for 
conducting the drift checks. Introduce the zero and calibration gas at 
the calibration valve assembly and verify that the appropriate gas flow 
rate and pressure are present at the FIA. Record the measurement system 
responses to the zero and calibration gases. The performance of the 
system is acceptable if the difference between the drift check 
measurement and the value obtained in section 5.1 is less than 3 percent 
of the span value. Conduct the system drift checks at the end of each 
run.
    5.3 System check. Inject the high range calibration gas at the inlet 
to the sampling probe while the dilution air is turned off. Record the 
response. The performance of the system is acceptable if the measurement 
system response is within 5 percent of the value obtained in section 5.1 
for the high range calibration gas. Conduct a system check before and 
after each test run.
    5.4 Analysis audit. Immediately before each test analyze an audit 
cylinder as described in section 5.2. The analysis audit must agree with 
the audit cylinder concentration within 10 percent.

                             6. Nomenclature

Ai=area of NDO i, ft\2\.
AN=total area of all NDO's in the enclosure, ft\2\.
CBi=corrected average VOC concentration of background 
emissions at point i, ppm propane.
CB=average background concentration, ppm propane.
CGj=corrected average VOC concentration of captured emissions 
at point j, ppm propane.
CDH=average measured concentration for the drift check 
calibration gas, ppm propane.
CDO=average system drift check concentration for zero 
concentration gas, ppm propane.
CH=actual concentration of the drift check calibration gas, 
ppm propane.
Ci=uncorrected average background VOC concentration measured 
at point i, ppm propane.
Cj=uncorrected average VOC concentration measured at point j, 
ppm propane.
G=total VOC content of captured emissions, kg.
K1=1.830x10-6 kg/ (m\3\-ppm).
n=number of measurement points.
QGj=average effluent volumetric flow rate corrected to 
standard conditions at captured emissions point j, m\3\/min.
TC=total duration of captured emissions sampling run, min.

                             7. Calculations

    7.1 Total VOC captured emissions.
    [GRAPHIC] [TIFF OMITTED] TC07NO91.012
    
    7.2 VOC concentration of the captured emissions at point j.
    [GRAPHIC] [TIFF OMITTED] TC07NO91.013
    
    7.3. Background VOC concentration at point i.
    [GRAPHIC] [TIFF OMITTED] TC07NO91.014
    
    7.4 Average background concentration.
    [GRAPHIC] [TIFF OMITTED] TC07NO91.015
    
    Note: If the concentration at each point is with in 20 percent of 
the average concentration of all points, the terms ``Ai'' and 
``AN'' may be deleted from Equation 4.

       Procedure G.2--Captured VOC Emissions (Dilution Technique)

                             1. Introduction

    1.1 Applicability. This procedure is applicable for determining the 
volatile organic compounds (VOC) content of captured gas streams. It is 
intended to be used as a segment in the development of a gas/gas 
protocol in which fugitive emissions are measured for determining VOC 
capture efficiency (CE) for surface coating and printing operations. A 
dilution system is used to reduce the VOC concentration of the captured 
emission to about the same concentration as the fugitive emission. The 
procedure may not be acceptable in certain site-specific situations, 
e.g., when: (1) Direct fired heaters or other circumstances affect the 
quantity of VOC at the control device inlet; and (2) particulate organic 
aerosols are formed in the process and are present in the captured 
emissions.
    1.2 Principle. The amount of VOC captured (G) is calculated as the 
sum of the products of the VOC content (CGj), the flow rate 
(QGj), and the sampling time (TC) from each 
captured emissions point.
    1.3 Estimated measurement uncertainty. The measurement uncertainties 
are estimated for each captured or fugitive emissions point as follows: 
OGj=5.5 percent and 
CGj=5 percent. Based on these numbers, 
the probable

[[Page 662]]

uncertainty for G is estimated at about 7.4 
percent.
    1.4 Sampling requirements. A capture efficiency test shall consist 
of at least three sampling runs. The sampling time for each run should 
be at least 8 hours, unless otherwise approved.
    1.5 Notes. Because this procedure is often applied in highly 
explosive areas, caution and care should be exercised in choosing 
appropriate equipment and installing and using the equipment. Mention of 
trade names or company products does not constitute endorsement. All gas 
concentrations (percent, ppm) are by volume, unless otherwise noted.

                        2. Apparatus and Reagents

    2.1 Gas VOC concentration. A schematic of the measurement system is 
shown in Figure 1. The main components are described below:
    2.1.1 Dilution system. A Kipp in-stack dilution probe and controller 
or similar device may be used. The dilution rate may be changed by 
substituting different critical orifices or adjustments of the aspirator 
supply pressure. The dilution system shall be heated to prevent VOC 
condensation.
    Note: An out-of-stack dilution device may be used.
    2.1.2 Calibration valve assembly. Three-way valve assembly at the 
outlet of sample probe to direct the zero and calibration gases to the 
analyzer. Other methods, such as quick-connect lines, to route 
calibration gases to the outlet of the sample probe are acceptable.
    2.1.3 Sample line. Stainless steel or Teflon tubing to transport the 
sample gas to the analyzer. The sample line must be heated to prevent 
condensation.
    2.1.4 Sample pump. A leak-free pump, to pull the sample gas through 
the system at a flow rate sufficient to minimize the response time of 
the measurement system. The components of the pump that contract the gas 
stream shall be constructed of stainless steel or Teflon. The sample 
pump must be heated to prevent condensation.
    2.1.5 Sample flow rate control. A sample flow rate control valve and 
rotameter, or equivalent, to maintain a constant sampling rate within 10 
percent. The flow control valve and rotameter must be heated to prevent 
condensation. A control valve may also be located on the sample pump 
bypass loop to assist in controlling the sample pressure and flow rate.
    2.1.6 Sample gas manifold. Capable of diverting a portion of the 
sample gas stream to the flame ionization analyzer (FIA), and the 
remainder to the bypass discharge vent. The manifold components shall be 
constructed of stainless steel or Teflon. If captured or fugitive 
emissions are to be measured at multiple locations, the measurement 
system shall be designed to use separate sampling probes, lines, and 
pumps for each measurement location and a common sample gas manifold and 
FIA. The sample gas manifold and connecting lines to the FIA must be 
heated to prevent condensation.
    2.1.7 Organic concentration analyzer. An FIA with a span value of 
1.5 times the expected concentration as propane; however, other span 
values may be used if it can be demonstrated that they would provide 
more accurate measurements.
    The system shall be capable of meeting or exceeding the following 
specifications:
    2.1.7.1 Zero drift. Less than 3.0 percent of 
the span value.
    2.1.7.2 Calibration drift. Less than 3.0 
percent of the span value.
    2.1.7.3 Calibration error. Less than 5.0 
percent of the calibration gas value.
    2.1.7.4 Response time. Less than 30 seconds.
    2.1.7.8 Integrator/data acquisition system. An analog or digital 
device or computerized data acquisition system used to integrate the FIA 
response or compute the average response and record measurement data. 
The minimum data sampling frequency for computing average or integrated 
values is one measurement value every 5 seconds. The device shall be 
capable of recording average values at least once per minute.
    2.1.9 Calibration and other gases. Gases used for calibration, fuel, 
and combustion air (if required) are contained in compressed gas 
cylinders. All calibration gases shall be traceable to NIST standards 
and shall be certified by the manufacturer to 1 
percent of the tag value. Additionally, the manufacturer of the cylinder 
should provide a recommended shelf life for each calibration gas 
cylinder over which the concentration does not change more than 2 percent from the certified value. For calibration gas 
values not generally available, alternative methods for preparing 
calibration gas mixtures, such as dilution system, may be used with 
prior approval.
    2.1.9.1 Fuel. A 40 percent H2/60 percent He or 40 percent 
H2/60 percent N2 gas mixture is recommended to 
avoid an oxygen synergism effect that reportedly occurs when oxygen 
concentration varies signficantly from a mean value.
    2.1.9.2. Carrier gas and dilution air supply. High purity air with 
less than 1 ppm of organic material (as propane or carbon equivalent) or 
less than 0.1 percent of the span value, whichever is greater.
    2.1.9.3 FIA linearity calibration gases. Low-, mid-, and high-range 
gas mixture standards with nominal propane concentrations of 20-30, 45-
55, and 70-80 percent of the span value in air, respectively. Other 
calibration values and other span values may be used if it can be shown 
that more accurate measurements would be achieved.
    2.1.9.4 Dilution check gas. Gas mixture standard containing propane 
in air, approximately half the span value after dilution.

[[Page 663]]

    2.1.10 Particulate filter. An in-stack or an out-of-stack glass 
fiber filter is recommended if exhaust gas particulate loading is 
significant. An out-of-stack filter must be heated to prevent any 
condensation unless it can be demonstrated that no condensation occurs.
    2.2 Captured emissions volumetric flow rate.
    2.2.1 Method 2 or 2A apparatus. For determining volumetric flow 
rate.
    2.2.2 Method 3 apparatus and reagents. For determining molecular 
weight of the gas stream. An estimate of the molecular weight of the gas 
stream may be used if it can be justified.
    2.2.3 Method 4 apparatus and reagents. For determining moisture 
content, if necessary.

     3. Determination of Volumetric Flow Rate of Captured Emissions

    3.1 Locate all points where emissions are captured from the affected 
facility. Using Method 1, determine the sampling points. Be sure to 
check each site for cyclonic or swirling flow.
    3.2 Measure the velocity at each sampling site at least once every 
hour during each sampling run using Method 2 or 2A.

          4. Determination of VOC Content of Captured Emissions

    4.1 Analysis duration. Measure the VOC responses at each captured 
emissions point during the entire test run or, if applicable, while the 
process is operating. If there are multiple captured emissions 
locations, design a sampling system to allow a single FIA to be used to 
determine the VOC responses at all sampling locations.
    4.2 Gas VOC concentration.
    4.2.1 Assemble the sample train as shown in Figure 1. Calibrate the 
FIA according to the procedure in section 5.1.
    4.2.2 Set the dilution ratio and determine the dilution factor 
according to the procedure in section 5.3.
    4.2.3 Conduct a system check according to the procedure in section 
5.4.
    4.2.4 Install the sample probe so that the probe is centrally 
located in the stack, pipe, or duct, and is sealed tightly at the stack 
port connection.
    4.2.5 Inject zero gas at the calibration valve assembly. Measure the 
system response time as the time required for the system to reach the 
effluent concentration after the calibration valve has been returned to 
the effluent sampling position.
    4.2.6 Conduct a system check before and a system drift check after 
each sampling run according to the procedures in sections 5.2 and 5.4. 
If the drift check following a run indicates unacceptable performance, 
the run is not valid. The tester may elect to perform system drift 
checks during the run not to exceed one drift check per hour.
    4.2.7 Verify that the sample lines, filter, and pump temperatures 
are 120 5 [deg]C.
    4.2.8 Begin sampling at the start of the test period and continue to 
sample during the entire run. Record the starting and ending times and 
any required process information as appropriate. If multiple captured 
emission locations are sampled using a single FIA, sample at each 
location for the same amount of time (e.g., 2 minutes) and continue to 
switch from one location to another for the entire test run. Be sure 
that total sampling time at each location is the same at the end of the 
test run. Collect at least 4 separate measurements from each sample 
point during each hour of testing. Disregard the measurements at each 
sampling location until two times the response time of the measurement 
system has elapsed. Continue sampling for at least 1 minute and record 
the concentration measurements.
    4.3 Background concentration.
    4.3.1 Locate all NDO's of the TTE. A sampling point shall be 
centrally located outside of the TTE at 4 equivalent diameters from each 
NDO, if possible. If there are more than 6 NDO's, choose 6 sampling 
points evenly spaced among the NDO's.
    4.3.2 Assemble the sample train as shown in Figure 2. Calibrate the 
FIA and conduct a system check according to the procedures in sections 
5.1 and 5.4.
    4.3.3 Position the probe at the sampling location.
    4.3.4 Determine the response time, conduct the system check and 
sample according to the procedures described in sections 4.2.4 to 4.2.8.
    4.4 Alternative procedure. The direct interface sampling and 
analysis procedure described in section 7.2 of Method 18 may be used to 
determine the gas VOC concentration. The system must be designed to 
collect and analyze at least one sample every 10 minutes.

                  5. Calibration and Quality Assurance

    5.1 FIA Calibration and linearity check. Make necessary adjustments 
to the air and fuel supplies for the FIA and ignite the burner. Allow 
the FIA to warm up for the period recommended by the manufacturer. 
Inject a calibration gas into the measurement system after the dilution 
system and adjust the back-pressure regulator to the value required to 
achieve the flow rates specified by the manufacturer. Inject the zero- 
and the high-range calibration gases and adjust the analyzer calibration 
to provide the proper responses. Inject the low- and mid-range gases and 
record the responses of the measurement system. The calibration and 
linearity of the system are acceptable if the responses for all four 
gases are within 5 percent of the respective gas values. If the 
performance of the system is not acceptable, repair or adjust the

[[Page 664]]

system and repeat the linearity check. Conduct a calibration and 
linearity check after assembling the analysis system and after a major 
change is made to the system.
    5.2 Systems drift checks. Select the calibration gas that most 
closely approximates the concentration of the diluted captured emissions 
for conducting the drift checks. Introduce the zero and calibration gas 
at the calibration valve assembly and verify that the appropriate gas 
flow rate and pressure are present at the FIA. Record the measurement 
system responses to the zero and calibration gases. The performance of 
the system is acceptable if the difference between the drift check 
measurement and the value obtained in section 5.1 is less than 3 percent 
of the span value. Conduct the system drift check at the end of each 
run.
    5.3 Determination of dilution factor. Inject the dilution check gas 
into the measurement system before the dilution system and record the 
response. Calculate the dilution factor using Equation 3.
    5.4 System check. Inject the high range calibration gas at the inlet 
to the sampling probe while the dilution air is turned off. Record the 
response. The performance of the system is acceptable if the measurement 
system response is within 5 percent of the value obtained in section 5.1 
for the high range calibration gas. Conduct a system check before and 
after each test run.
    5.5 Analysis audit. Immediately before each test analyze an audit 
cylinder as described in section 5.2. The analysis audit must agree with 
the audit cylinder concentration within 10 percent.

                             6. Nomenclature

Ai=area of NDO i, ft\2\.
AN=total area of all NDO's in the enclosure, ft\2\.
CA=actual concentration of the dilution check gas, ppm 
propane.
CBi=corrected average VOC concentration of background 
emissions at point i, ppm propane.
CB=average background concentration, ppm propane.
CDH=average measured concentration for the drift check 
calibration gas, ppm propane.
CDO=average system drift check concentration for zero 
concentration gas, ppm propane.
CH=actual concentration of the drift check calibration, gas, 
ppm propane.
Ci=uncorrected average background VOC concentration measured 
at point i, ppm propane.
Cj=uncorrected average VOC concentration measured at point j, 
ppm propane.
CM=measured concentration of the dilution check gas, ppm 
propane.
DF=dilution factor.
G=total VOC content of captured emissions, kg.
K1=1.830 x 10-6 kg/(m\3\-ppm).
n=number of measurement points.
QGj=average effluent volumetric flow rate corrected to 
standard conditions at captured emissions point j, m\3\/min.
TC=total duration of capture efficiency sampling run, min.

                             7. Calculations

    7.1 Total VOC captured emissions.
    [GRAPHIC] [TIFF OMITTED] TC07NO91.016
    
    7.2 VOC concentration of the captured emissions to point j.
    [GRAPHIC] [TIFF OMITTED] TC07NO91.017
    
    7.3 Dilution factor.
    [GRAPHIC] [TIFF OMITTED] TC07NO91.018
    
    7.4 Background VOC concentration at point i.
    [GRAPHIC] [TIFF OMITTED] TC07NO91.019
    
    7.5 Average background concentration.
    [GRAPHIC] [TIFF OMITTED] TC07NO91.020
    
    Note: If the concentration at each point is within 20 percent of the 
average concentration of all points, the terms ``Ai'' and 
``AN'' may be deleted from Equation 4.

[[Page 665]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.097


[[Page 666]]


[GRAPHIC] [TIFF OMITTED] TC01MY92.098

     Procedure F.2--Fugitive VOC Emissions from Building Enclosures

                             1. Introduction

    1.1 Applicability. This procedure is applicable for determining the 
fugitive volatile organic compounds (VOC) emissions from a building 
enclosure (BE). It is intended to be used as a segment in the 
development of liquid/gas or gas/gas protocols for determining VOC 
capture efficiency (CE) for surface coating and printing operations.
    1.2 Principle. The total amount of fugitive VOC emissions 
(FB) from the BE is calculated as the sum of the products of 
the

[[Page 667]]

VOC content (CFj) of each fugitive emissions point, its flow 
rate (QFj), and time (TF).
    1.3 Measurement uncertainty. The measurement uncertainties are 
estimated for each fugitive emissions point as follows: 
QFj=5.0 percent and 
CFj=5.0 percent. Based on these 
numbers, the probable uncertainty for FB is estimated at 
about 11.2 percent.
    1.4 Sampling requirements. A capture efficiency test shall consist 
of at least three sampling runs. The sampling time for each run should 
be at least 8 hours, unless otherwise approved.
    1.5 Notes. Because this procedure is often applied in highly 
explosive areas, caution and care should be exercised in choosing 
appropriate equipment and installing and using the equipment. Mention of 
trade names or company products does not constitute endorsement. All gas 
concentrations (percent, ppm) are by volume, unless otherwise noted.

                        2. Apparatus and Reagents

    2.1 Gas VOC concentration. A schematic of the measurement system is 
shown in Figure 1. The main components are described below:
    2.1.1 Sample probe. Stainless steel, or equivalent. The probe shall 
be heated to prevent VOC condensation.
    2.1.2 Calibration valve assembly. Three-way valve assembly at the 
outlet of sample probe to direct the zero and calibration gases to the 
analyzer. Other methods, such as quick-connect lines, to route 
calibration gases to the outlet of the sample probe are acceptable.
    2.1.3 Sample line. Stainless steel or Teflon tubing to transport the 
sample gas to the analyzer. The sample line must be heated to prevent 
condensation.
    2.1.4 Sample pump. A leak-free pump, to pull the sample gas through 
the system at a flow rate sufficient to minimize the response time of 
the measurement system. The components of the pump that contact the gas 
stream shall be constructed of staimust be heated to prevent 
condensation.
    2.1.5 Sample flow rate control. A sample flow rate control valve and 
rotameter, or equivalent, to maintain a constant sampling rate within 10 
percent. The flow rate control valve and rotameter must be heated to 
prevent condensation. A control valve may also be located on the sample 
pump bypass loop to assist in controlling the sample pressure and flow 
rate.
    2.1.6 Sample gas manifold. Capable of diverting a portion of the 
sample gas stream to the flame ionization analyzer (FIA), and the 
remainder to the bypass discharge vent. The manifold components shall be 
constructed of stainless steel or Teflon. If emissions are to be 
measured at multiple locations, the measurement system shall be designed 
to use separate sampling probes, lines, and pumps for each measurement 
location and a common sample gas manifold and FIA. The sample gas 
manifold must be heated to prevent condensation.
    2.1.7 Organic Concentration Analyzer. An FIA with a span value of 
1.5 times the expected concentration as propane; however, other span 
values may be used if it can be demonstrated that they would provide 
more accurate measurements. The system shall be capable or exceeding the 
following specifications:
    2.1.7.1 Zero drift. Less than 3.0 percent of 
the span value.
    2.1.7.2 Calibration drift. Less than 3.0 
percent of the span value.
    2.1.7.3 Calibration error. Less than 5.0 
percent of the calibration gas value.
    2.1.7.4 Response time. Less than 30 seconds.
    2.1.8 Integrator/data acquisition system. An analog or digital 
device or computerized data acquisition system used to integrate the FIA 
response or compute the average response and record measurement data. 
The minimum data sampling frequency for computing average or integrated 
values is one measurement value every 5 seconds. The device shall be 
capable of recording average values at least once per minute.
    2.1.9 Calibration and other gases. Gases used for calibration, fuel, 
and combustion air (if required) are contained in compressed gas 
cylinders. All calibration gases shall be traceable to NIST standards 
and shall be certified by the manufacturer to 1 
percent of the tag value. Additionally, the manufacturer of the cylinder 
should provide a recommended shelf life for each calibration gas 
cylinder over which the concentration does not change more than 2 percent from the certified value. For calibration gas 
values not generally available, alternative methods for preparing 
calibration gas mixtures, such as dilution systems, may be used with 
prior approval.
    2.1.9.1 Fuel. A 40 percent H2/60 percent He or 40 percent 
H2/60 percent N2 gas mixture is recommended to 
avoid an oxygen synergism effect that reportedly occurs when oxygen 
concentration varies significantly from a mean value.
    2.1.9.2 Carrier gas. High purity air with less than 1 ppm of organic 
material (propane or carbon equivalent) or less than 0.1 percent of the 
span value, whichever is greater.
    2.1.9.3 FIA linearity calibration gases. Low-, mid-, and high-range 
gas mixture standards with nominal propane concentrations of 20-30, 45-
55, and 70-80 percent of the span value in air, respectively. Other 
calibration values and other span values may be used if it can be shown 
that more accurate measurements would be achieved.
    2.1.10 Particulate filter. An in-stack or an out-of-stack glass 
fiber filter is recommended if exhaust gas particulate loading is 
significant. An out-of-stack filter must be heated to prevent any 
condensation unless it

[[Page 668]]

can be demonstrated that no condensation occurs.
    2.2 Fugitive emissions volumetric flow rate.
    2.2.1 Flow direction indicators. Any means of indicating inward or 
outward flow, such as light plastic film or paper streamers, smoke 
tubes, filaments, and sensory perception.
    2.2.2 Method 2 or 2A apparatus. For determining volumetric flow 
rate. Anemometers or similar devices calibrated according to the 
manufacturer's instructions may be used when low velocities are present. 
Vane anemometers (Young-maximum response propeller), specialized pitots 
with electronic manometers (e.g., Shortridge Instruments Inc., Airdata 
Multimeter 860) are commercially available with measurement thresholds 
of 15 and 8 mpm (50 and 25 fpm), respectively.
    2.2.3 Method 3 apparatus and reagents. For determining molecular 
weight of the gas stream. An estimate of the molecular weight of the gas 
stream may be used if it can be justified.
    2.2.4 Method 4 apparatus and reagents. For determining moisture 
content, if necessary.

     3. Determination of Volumetric Flow Rate of Fugitive Emissions

    3.1 Preliminary determinations. The purpose of this exercise is to 
determine which exhaust points should be measured for volumetric flow 
rates and VOC concentrations.
    3.1.1 Forced draft openings. Identify all forced draft openings. 
Determine the volumetric flow rate according to Method 2.
    3.1.2 NDO's exhaust points. The NDO's in the roof of a facility are 
considered to be exhaust points. Determine volumetric flow rate from 
these NDO's. Divide the cross-sectional area according to Method 1 using 
12 equal areas. Use the appropriate velocity measurement devices, e.g., 
propeller anemometers.
    3.1.3 Other NDO's.
    3.1.3.1 This step is optional. Determine the exhaust flow rate, 
including that of the control device, from the enclosure and the intake 
air flow rate. If the exhaust flow rate divided by the intake air flow 
rate is greater than 1.1, then all other NDO's are not considered to be 
significant exhaust points.
    3.1.3.2 If the option above is not taken, identify all other NDO's 
and other potential points through which fugitive emissions may escape 
the enclosure. Then use the following criteria to determine whether flow 
rates and VOC concentrations need to be measured:
    3.1.3.2.1 Using the appropriate flow direction indicator, determine 
the flow direction. An NDO with zero or inward flow is not an exhaust 
point.
    3.1.3.2.2 Measure the outward volumetric flow rate from the 
remainder of the NDO's. If the collective flow rate is 2 percent, or 
less, of the flow rate from sections 3.1.1 and 3.1.2, then these NDO's, 
except those within two equivalent diameters (based on NDO opening) from 
VOC sources, may be considered to be non-exhaust points.
    3.1.3.2.3 If the percentage calculated in section 3.1.3.2.2 is 
greater than 2 percent, those NDO's (except those within two equivalent 
diameters from VOC sources) whose volumetric flow rate totals 2 percent 
of the flow rate from sections 3.1.1 and 3.1.2 may be considered as non-
exhaust points. All remaining NDO's shall be measured for volumetric 
flow rate and VOC concentrations during the CE test.
    3.1.3.2.4 The tester may choose to measure VOC concentrations at the 
forced exhaust points and the NDO's. If the total VOC emissions from the 
NDO's are less than 2 percent of the emissions from the forced draft and 
roof NDO's, then these NDO's may be eliminated from further 
consideration.
    3.2 Determination of flow rates.
    3.2.1 Measure the volumetric flow rate at all locations identified 
as exhaust points in section 3.1. Divide each exhaust opening into 9 
equal areas for rectangular openings and 8 for circular openings.
    3.2.2 Measure the velocity at each site at least once every hour 
during each sampling run using Method 2 or 2A, if applicable, or using 
the low velocity instruments in section 2.2.2.

          4. Determination of VOC Content of Fugitive Emissions

    4.1 Analysis duration. Measure the VOC responses at each fugitive 
emission point during the entire test run or, if applicable, while the 
process is operating. If there are multiple emissions locations, design 
a sampling system to allow a single FIA to be used to determine the VOC 
responses at all sampling locations.
    4.2 Gas VOC concentration.
    4.2.1 Assemble the sample train as shown in Figure 1. Calibrate the 
FIA and conduct a system check according to the procedures in sections 
5.1 and 5.3, respectively.
    4.2.2 Install the sample probe so that the probe is centrally 
located in the stack, pipe, or duct, and is sealed tightly at the stack 
port connection.
    4.2.3 Inject zero gas at the calibration valve assembly. Allow the 
measurement system response to reach zero. Measure the system response 
time as the time required for the system to reach the effluent 
concentration after the calibration valve has been returned to the 
effluent sampling position.
    4.2.4 Conduct a system check before and a system drift check after 
each sampling run according to the procedures in sections 5.2 and 5.3. 
If the drift check following a run indicates unacceptable performance, 
the run is not valid. The tester may elect to perform drift checks 
during the run not to exceed one drift check per hour.

[[Page 669]]

    4.2.5 Verify that the sample lines, filter, and pump temperatures 
are 120 5 [deg]C.
    4.2.6 Begin sampling at the start of the test period and continue to 
sample during the entire run. Record the starting and ending times and 
any required process information as appropriate. If multiple emission 
locations are sampled using a single FIA, sample at each location for 
the same amount of time (e.g., 2 minutes) and continue to switch from 
one location to another for the entire test run. Be sure that total 
sampling time at each location is the same at the end of the test run. 
Collect at least 4 separate measurements from each sample point during 
each hour of testing. Disregard the response measurements at each 
sampling location until two times the response time of the measurement 
system has elapsed. Continue sampling for at least 1 minute and record 
the concentration measurements.
    4.3 Alternative procedure. The direct interface sampling and 
analysis procedure described in section 7.2 of Method 18 may be used to 
determine the gas VOC concentration. The system must be designed to 
collect and analyze at least one sample every 10 minutes.

                  5. Calibration and Quality Assurance

    5.1 FIA calibration and linearity check. Make necessary adjustments 
to the air and fuel supplies for the FIA and ignite the burner. Allow 
the FIA to warm up for the period recommended by the manufacturer. 
Inject a calibration gas into the measurement system and adjust the 
back-pressure regulator to the value required to achieve the flow rates 
specified by the manufacturer. Inject the zero- and the high-range 
calibration gases and adjust the analyzer calibration to provide the 
proper responses. Inject the low- and mid-range gases and record the 
responses of the measurement system. The calibration and linearity of 
the system are acceptable if the responses for all four gases are within 
5 percent of the respective gas values. If the performance of the system 
is not acceptable, repair or adjust the system and repeat the linearity 
check. Conduct a calibration and linearity check after assembling the 
analysis system and after a major change is made to the system.
    5.2 Systems drift checks. Select the calibration gas that most 
closely approximates the concentration of the captured emissions for 
conducting the drift checks. Introduce the zero and calibration gas at 
the calibration valve assembly and verify that the appropriate gas flow 
rate and pressure are present at the FIA. Record the measurement system 
responses to the zero and calibration gases. The performance of the 
system is acceptable if the difference between the drift check 
measurement and the value obtained in section 5.1 is less than 3 percent 
of the span value. Conduct a system drift check at the end of each run.
    5.3 System check. Inject the high range calibration gas at the inlet 
of the sampling probe and record the response. The performance of the 
system is acceptable if the measurement system response is within 5 
percent of the value obtained in section 5.1 for the high range 
calibration gas. Conduct a system check before each test run.
    5.4 Analysis audit. Immediately before each test analyze an audit 
cylinder as described in section 5.2. The analysis audit must agree with 
the audit cylinder concentration within 10 percent.

                             6. Nomenclature

CDH=average measured concentration for the drift check 
calibration gas, ppm propane.
CDO=average system drift check concentration for zero 
concentration gas, ppm propane.
CFj=corrected average VOC concentration of fugitive emissions 
at point j, ppm propane.
CH=actual concentration of the drift check calibration gas, 
ppm propane.
Cj=uncorrected average VOC concentration measured at point j, 
ppm propane.
FB=total VOC content of fugitive emissions from the building, 
kg.
K1=1.830x10-6 kg/(m\3\-ppm).
n=number of measurement points.
QFj=average effluent volumetric flow rate corrected to 
standard conditions at fugitive emissions point j, m\3\/min.
TF=total duration of capture efficiency sampling run, min.

                             7. Calculations

    7.1 Total VOC fugitive emissions from the building.
    [GRAPHIC] [TIFF OMITTED] TC07NO91.021
    
    7.2 VOC concentration of the fugitive emissions at point j.
    [GRAPHIC] [TIFF OMITTED] TC07NO91.022
    

[[Page 670]]


[GRAPHIC] [TIFF OMITTED] TC01MY92.099

     Procedure F.1--Fugitive VOC Emissions From Temporary Enclosures

                             1. Introduction

    1.1 Applicability. This procedure is applicable for determining the 
fugitive volatile organic compounds (VOC) emissions from a temporary 
total enclosure (TTE). It is intended to be used as a segment in the 
development of liquid/gas or gas/gas protocols for determining VOC 
capture efficiency (CE) for surface coating and printing operations.
    1.2 Principle. The amount of fugitive VOC emissions (F) from the TTE 
is calculated as the sum of the products of the VOC content

[[Page 671]]

(CFj), the flow rate (QFj), and the sampling time 
(TF) from each fugitive emissions point.
    1.3 Estimated measurement uncertainty. The measurement uncertainties 
are estimated for each fugitive emission point as follows: Q=5.5 percent and CFj=5.0 
percent. Based on these numbers, the probable uncertainty for F is 
estimated at about 7.4 percent.
    1.4 Sampling requirements. A capture efficiency test shall consist 
of at least three sampling runs. The sampling time for each run should 
be at least 8 hours, unless otherwise approved.
    1.5 Notes. Because this procedure is often applied in highly 
explosive areas, caution and care should be exercised in choosing 
appropriate equipment and installing and using the equipment. Mention of 
trade names or company products does not constitute endorsement. All gas 
concentrations (percent, ppm) are by volume, unless otherwise noted.

                        2. Apparatus and Reagents

    2.1 Gas VOC concentration. A schematic of the measurement system is 
shown in Figure 1. The main components are described below:
    2.1.1 Sample probe. Stainless steel, or equivalent. The probe shall 
be heated to prevent VOC condensation.
    2.1.2 Calibration valve assembly. Three-way valve assembly at the 
outlet of sample probe to direct the zero and calibration gases to the 
analyzer. Other methods, such as quick-connect lines, to route 
calibration gases to the outlet of the sample probe are acceptable.
    2.1.3 Sample line. Stainless steel or Teflon tubing to transport the 
sample gas to the analyzer. The sample line must be heated to prevent 
condensation.
    2.1.4 Sample pump. A leak-free pump, to pull the sample gas through 
the system at a flow rate sufficient to minimize the response time of 
the measurement system. The components of the pump that contact the gas 
stream shall be constructed of stainless steel or Teflon. The sample 
pump must be heated to prevent condensation.
    2.1.5 Sample flow rate control. A sample flow rate control valve and 
rotameter, or equivalent, to maintain a constant sampling rate within 10 
percent. The flow control valve and rotameter must be heated to prevent 
condensation. A control valve may also be located on the sample pump 
bypass loop to assist in controlling the sample pressure and flow rate.
    2.1.6 Sample gas manifold. Capable of diverting a portion of the 
sample gas stream to the flame ionization analyzer (FIA), and the 
remainder to the bypass discharge vent. The manifold components shall be 
constructed of stainless steel or Teflon. If emissions are to be 
measured at multiple locations, the measurement system shall be designed 
to use separate sampling probes, lines, and pumps for each measurement 
location and a common sample gas manifold and FIA. The sample gas 
manifold and connecting lines to the FIA must be heated to prevent 
condensation.
    2.1.7 Organic concentration analzyer. An FIA with a span value of 
1.5 times the expected concentration as propane; however, other span 
values may be used if it can be demonstrated that they would provide 
more accurate measurements. The system shall be capable of meeting or 
exceeding the following specifications:
    2.1.7.1 Zero drift. Less than 3.0 percent of 
the span value.
    2.1.7.2 Calibration drift. Less than 3.0 
percent of the span value.
    2.1.7.3 Calibration error. Less than 5.0 
percent of the calibration gas value.
    2.1.7.4 Response time. Less than 30 seconds.
    2.1.8 Integrator/data acquisition system. An analog or digital 
device or computerized data acquisition system used to integrate the FIA 
response or compute the average response and record measurement data. 
The minimum data sampling frequency for computing average or integrated 
values is one measurement value every 5 seconds. The device shall be 
capable of recording average values at least once per minute.
    2.1.9 Calibration and other gases. Gases used for calibration, fuel, 
and combustion air (if required) are contained in compressed gas 
cylinders. All calibration gases shall be traceable to NIST standards 
and shall be certified by the manufacturer to 1 
percent of the tag value. Additionally, the manufacturer of the cylinder 
should provide a recommended shelf life for each calibration gas 
cylinder over which the concentration does not change more than 2 percent from the certified value. For calibration gas 
values not generally available, alternative methods for preparing 
calibration gas mixtures, such as dilution systems, may be used with 
prior approval.
    2.1.9.1 Fuel. A 40 percent H2/60 percent He or 40 percent 
H2/60 percent N2 gas mixture is recommended to 
avoid an oxygen synergism effect that reportedly occurs when oxygen 
concentration varies significantly from a mean value.
    2.1.9.2 Carrier gas. High purity air with less than 1 ppm of organic 
material (as propane or carbon equivalent) or less than 0.1 percent of 
the span value, whichever is greater.
    2.1.9.3 FIA linearity calibration gases. Low-, mid-, and high-range 
gas mixture standards with nominal propane concentrations of 20-30, 45-
55, and 70-80 percent of the span value in air, respectively. Other 
calibration values and other span values may be used if it can be shown 
that more accurate measurements would be achieved.
    2.1.10 Particulate filter. An in-stack or an out-of-stack glass 
fiber filter is recommended if exhaust gas particulate loading is 
significant. An out-of-stack filter must be

[[Page 672]]

heated to prevent any condensation unless it can be demonstrated that no 
condensation occurs.
    2.2 Fugitive emissions volumetric flow rate.
    2.2.1 Method 2 or 2A apparatus. For determining volumetric flow 
rate.
    2.2.2 Method 3 apparatus and reagents. For determining molecular 
weight of the gas stream. An estimate of the molecular weight of the gas 
stream may be used if it can be justified.
    2.2.3 Method 4 apparatus and reagents. For determining moisture 
content, if necessary.
    2.3 Temporary total enclosure. The criteria for designing a TTE are 
discussed in Procedure T.

     3. Determination of Volumetric Flow Rate of Fugitive Emissions

    3.1 Locate all points where emissions are exhausted from the TTE. 
Using Method 1, determine the sampling points. Be sure to check each 
site for cyclonic or swirling flow.
    3.2 Measure the velocity at each sampling site at least once every 
hour during each sampling run using Method 2 or 2A.

          4. Determination of VOC Content of Fugitive Emissions

    4.1 Analysis duration. Measure the VOC responses at each fugitive 
emission point during the entire test run or, if applicable, while the 
process is operating. If there are multiple emission locations, design a 
sampling system to allow a single FIA to be used to determine the VOC 
responses at all sampling locations.
    4.2 Gas VOC concentration.
    4.2.1 Assemble the sample train as shown in Figure 1. Calibrate the 
FIA and conduct a system check according to the procedures in sections 
5.1 and 5.3, respectively.
    4.2.2 Install the sample probe so that the probe is centrally 
located in the stack, pipe, or duct, and is sealed tightly at the stack 
port connection.
    4.2.3 Inject zero gas at the calibration valve assembly. Allow the 
measurement system response to reach zero. Measure the system response 
time as the time required for the system to reach the effluent 
concentration after the calibration valve has been returned to the 
effluent sampling position.
    4.2.4 Conduct a system check before and a system drift check after 
each sampling run according to the procedures in sections 5.2 and 5.3. 
If the drift check following a run indicates unacceptable performance, 
the run is not valid. The tester may elect to perform system drift 
checks during the run not to exceed one drift check per hour.
    4.2.5 Verify that the sample lines, filter, and pump temperatures 
are 120 5 [deg]C.
    4.2.6 Begin sampling at the start of the test period and continue to 
sample during the entire run. Record the starting and ending times and 
any required process information as appropriate. If multiple emission 
locations are sampled using a single FIA, sample at each location for 
the same amount of time (e.g., 2 minutes) and continue to switch from 
one location to another for the entire test run. Be sure that total 
sampling time at each location is the same at the end of the test run. 
Collect at least 4 separate measurements from each sample point during 
each hour of testing. Disregard the response measurements at each 
sampling location until two times the response time of the measurement 
system has elapsed. Continue sampling for at least 1 minute and record 
the concentration measurements.
    4.3 Background concentration.
    4.3.1 Determination of VOC background concentration.
    4.3.1.1 Locate all NDO's of the TTE. A sampling point shall be 
centrally located outside of the TTE at 4 equivalent diameters from each 
NDO, if possible. If there are more than 6 NDO's, choose 6 sampling 
points evenly spaced among the NDO's.
    4.3.1.2 Assemble the sample train as shown in Figure 2. Calibrate 
the FIA and conduct a system check according to the procedures in 
sections 5.1 and 5.3.
    4.3.1.3 Position the probe at the sampling location.
    4.3.1.4 Determine the response time, conduct the system check and 
sample according to the procedures described in sections 4.2.3 to 4.2.6.
    4.4 Alternative procedure. The direct interface sampling and 
analysis procedure described in section 7.2 of Method 18 may be used to 
determine the gas VOC concentration. The system must be designed to 
collect and analyze at least one sample every 10 minutes.

                  5. Calibration and Quality Assurance

    5.1 FIA calibration and linearity check. Make necessary adjustments 
to the air and fuel supplies for the FIA and ignite the burner. Allow 
the FIA to warm up for the period recommended by the manufacturer. 
Inject a calibration gas into the measurement system and adjust the 
back-pressure regulator to the value required to achieve the flow rates 
specified by the manufacturer. Inject the zero- and the high-range 
calibration gases and adjust the analyzer calibration to provide the 
proper responses. Inject the low- and mid-range gases and record the 
responses of the measurement system. The calibration and linearity of 
the system are acceptable if the responses for all four gases are within 
5 percent of the respective gas values. If the performance of the system 
is not acceptable, repair or adjust the system and repeat the linearity 
check. Conduct a calibration and linearity check after assembling the 
analysis system and after a major change is made to the system.

[[Page 673]]

    5.2 Systems drift checks. Select the calibration gas concentration 
that most closely approximates that of the fugitive gas emissions to 
conduct the drift checks. Introduce the zero and calibration gas at the 
calibration valve assembly and verify that the appropriate gas flow rate 
and pressure are present at the FIA. Record the measurement system 
responses to the zero and calibration gases. The performance of the 
system is acceptable if the difference between the drift check 
measurement and the value obtained in section 5.1 is less than 3 percent 
of the span value. Conduct a system drift check at the end of each run.
    5.3 System check. Inject the high range calibration gas at the inlet 
of the sampling probe and record the response. The performance of the 
system is acceptable if the measurement system response is within 5 
percent of the value obtained in section 5.1 for the high range 
calibration gas. Conduct a system check before each test run.
    5.4 Analysis audit. Immediately before each test analyze an audit 
cylinder as described in section 5.2. The analysis audit must agree with 
the audit cylinder concentration within 10 percent.

                             6. Nomenclature

Ai=area of NDO i, ft\2\.
AN=total area of all NDO's in the enclosure, ft\2\.
CBi=corrected average VOC concentration of background 
emissions at point i, ppm propane.
CB=average background concentration, ppm propane.
CDH=average measured concentration for the drift check 
calibration gas, ppm propane.
CDO=average system drift check concentration for zero 
concentration gas, ppm propane.
CFj=corrected average VOC concentration of fugitive emissions 
at point j, ppm propane.
CH=actual concentration of the drift check calibration gas, 
ppm propane.
Ci=uncorrected average background VOC concentration at point 
i, ppm propane.
Cj=uncorrected average VOC concentration measured at point j, 
ppm propane.
F=total VOC content of fugitive emissions, kg.
K1=1.830x10-6 kg/(m\3\-ppm).
n=number of measurement points.
QFj=average effluent volumetric flow rate corrected to 
standard conditions at fugitive emissions point j, m\3\/min.
TF=total duration of fugitive emissions sampling run, min.

                             7. Calculations

    7.1 Total VOC fugitive emissions.
    [GRAPHIC] [TIFF OMITTED] TC07NO91.023
    
    7.2 VOC concentration of the fugitive emissions at point j.
    [GRAPHIC] [TIFF OMITTED] TC07NO91.024
    
    7.3 Background VOC concentration at point i.
    [GRAPHIC] [TIFF OMITTED] TC07NO91.025
    
    7.4 Average background concentration.
    [GRAPHIC] [TIFF OMITTED] TC07NO91.026
    
    Note: If the concentration at each point is within 20 percent of the 
average concentration of all points, the terms ``Ai'' and 
``AN'' may be deleted from Equation 4.

[[Page 674]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.100


[[Page 675]]


[GRAPHIC] [TIFF OMITTED] TC01MY92.101

                         Procedure L--VOC Input

                             1. Introduction

    1.1 Applicability. This procedure is applicable for determining the 
input of volatile organic compounds (VOC). It is intended to be used as 
a segment in the development of liquid/gas protocols for determining VOC 
capture efficiency (CE) for surface coating and printing operations.
    1.2 Principle. The amount of VOC introduced to the process (L) is 
the sum of the products of the weight (W) of each VOC containing liquid 
(ink, paint, solvent, etc.) used and its VOC content (V). A sample of 
each

[[Page 676]]

VOC containing liquid is analyzed with a flame ionization analyzer (FIA) 
to determine V.
    1.3 Estimated measurement uncertainty. The measurement uncertainties 
are estimated for each VOC containing liquid as follows: W=2.0 percent and V=12.0 percent. 
Based on these numbers, the probable uncertainty for L is estimated at 
about 12.2 percent for each VOC containing liquid.
    1.4 Sampling requirements. A capture efficiency test shall consist 
of at least three sampling runs. The sampling time for each run should 
be at least 8 hours, unless otherwise approved.
    1.5 Notes. Because this procedure is often applied in highly 
explosive areas, caution and care should be exercised in choosing 
appropriate equipment and installing and using the equipment. Mention of 
trade names or company products does not constitute endorsement. All gas 
concentrations (percent, ppm) are by volume, unless otherwise noted.

                        2. Apparatus and Reagents

    2.1 Liquid weight.
    2.1.1 Balances/digital scales. To weigh drums of VOC containing 
liquids to within 0.2 lb.
    2.1.2 Volume measurement apparatus (alternative). Volume meters, 
flow meters, density measurement equipment, etc., as needed to achieve 
same accuracy as direct weight measurements.
    2.2 VOC content (flame ionization analyzer technique). The liquid 
sample analysis system is shown in Figures 1 and 2. The following 
equipment is required:
    2.2.1 Sample collection can. An appropriately sized metal can to be 
used to collect VOC containing materials. The can must be constructed in 
such a way that it can be grounded to the coating container.
    2.2.2 Needle valves. To control gas flow.
    2.2.3 Regulators. For carrier gas and calibration gas cylinders.
    2.2.4 Tubing. Teflon or stainless steel tubing with diameters and 
lengths determined by connection requirements of equipment. The tubing 
between the sample oven outlet and the FIA shall be heated to maintain a 
temperature of 120 5 [deg]C.
    2.2.5 Atmospheric vent. A tee and 0- to 0.5-liter/min rotameter 
placed in the sampling line between the carrier gas cylinder and the VOC 
sample vessel to release the excess carrier gas. A toggle valve placed 
between the tee and the rotameter facilitates leak tests of the analysis 
system.
    2.2.6 Thermometer. Capable of measuring the temperature of the hot 
water bath to within 1 [deg]C.
    2.2.7 Sample oven. Heated enclosure, containing calibration gas coil 
heaters, critical orifice, aspirator, and other liquid sample analysis 
components, capable of maintaining a temperature of 120 5 [deg]C.
    2.2.8 Gas coil heaters. Sufficient lengths of stainless steel or 
Teflon tubing to allow zero and calibration gases to be heated to the 
sample oven temperature before entering the critical orifice or 
aspirator.
    2.2.9 Water bath. Capable of heating and maintaining a sample vessel 
temperature of 100 5 [deg]C.
    2.2.10 Analytical balance. To measure 0.001 g.
    2.2.11 Disposable syringes. 2-cc or 5-cc.
    2.2.12 Sample vessel. Glass, 40-ml septum vial. A separate vessel is 
needed for each sample.
    2.2.13 Rubber stopper. Two-hole stopper to accommodate 3.2-mm (\1/
8\-in.) Teflon tubing, appropriately sized to fit the opening of the 
sample vessel. The rubber stopper should be wrapped in Teflon tape to 
provide a tighter seal and to prevent any reaction of the sample with 
the rubber stopper. Alternatively, any leak-free closure fabricated of 
non-reactive materials and accommodating the necessary tubing fittings 
may be used.
    2.2.14 Critical orifices. Calibrated critical orifices capable of 
providing constant flow rates from 50 to 250 ml/min at known pressure 
drops. Sapphire orifice assemblies (available from O'Keefe Controls 
Company) and glass capillary tubing have been found to be adequate for 
this application.
    2.2.15 Vacuum gauge. 0 -to 760-mm (0- to 30-in.) Hg U-Tube manometer 
or vacuum gauge.
    2.2.16 Pressure gauge. Bourdon gauge capable of measuring the 
maximum air pressure at the aspirator inlet (e.g., 100 psig).
    2.2.17 Aspirator. A device capable of generating sufficient vacuum 
at the sample vessel to create critical flow through the calibrated 
orifice when sufficient air pressure is present at the aspirator inlet. 
The aspirator must also provide sufficient sample pressure to operate 
the FIA. The sample is also mixed with the dilution gas within the 
aspirator.
    2.2.18 Soap bubble meter. Of an appropriate size to calibrate the 
critical orifices in the system.
    2.2.19 Organic concentration analyzer. An FIA with a span value of 
1.5 times the expected concentration as propane; however other span 
values may be used if it can be demonstrated that they would provide 
more accurate measurements. The system shall be capable of meeting or 
exceeding the following specifications:
    2.2.19.1 Zero drift. Less than 3.0 percent of 
the span value.
    2.2.19.2 Calibration drift. Less than 3.0 
percent of span value.
    2.2.19.3 Calibration error. Less than 5.0 
percent of the calibration gas value.
    2.2.20 Integrator/data acquisition system. An analog or digital 
device or computerized data acquisition system used to integrate the FIA 
response or compute the average response and record measurement data. 
The

[[Page 677]]

minimum data sampling frequency for computing average or integrated 
values is one measurement value every 5 seconds. The device shall be 
capable of recording average values at least once per minute.
    2.2.21 Chart recorder (optional). A chart recorder or similar device 
is recommended to provide a continuous analog display of the measurement 
results during the liquid sample analysis.
    2.2.22 Calibration and other gases. For calibration, fuel, and 
combustion air (if required) contained in compressed gas cylinders. All 
calibration gases shall be traceable to NIST standards and shall be 
certified by the manufacturer to 1 percent of the 
tag value. Additionally, the manufacturer of the cylinder should provide 
a recommended shelf life for each calibration gas cylinder over which 
the concentration does not change more than 2 
percent from the certified value. For calibration gas values not 
generally available, alternative methods for preparing calibration gas 
mixtures, such as dilution systems, may be used with prior approval.
    2.2.22.1 Fuel. A 40 percent H2/60 percent He or 40 
percent H2/60 percent N2 gas mixture is 
recommended to avoid an oxygen synergism effect that reportedly occurs 
when oxygen concentration varies significantly from a mean value.
    2.2.22.2 Carrier gas. High purity air with less than 1 ppm of 
organic material (as propane) or less than 0.1 percent of the span 
value, whichever is greater.
    2.2.22.3 FIA linearity calibration gases. Low-, mid-, and high-range 
gas mixture standards with nominal propane concentrations of 20-30, 45-
55, and 70-80 percent of the span value in air, respectively. Other 
calibration values and other span values may be used if it can be shown 
that more accurate measurements would be achieved.
    2.2.22.4 System calibration gas. Gas mixture standard containing 
propane in air, approximately the undiluted VOC concentration expected 
for the liquid samples.

                 3. Determination of Liquid Input Weight

    3.1 Weight difference. Determine the amount of material introduced 
to the process as the weight difference of the feed material before and 
after each sampling run. In determining the total VOC containing liquid 
usage, account for: (a) The initial (beginning) VOC containing liquid 
mixture; (b) any solvent added during the test run; (c) any coating 
added during the test run; and (d) any residual VOC containing liquid 
mixture remaining at the end of the sample run.
    3.1.1 Identify all points where VOC containing liquids are 
introduced to the process. To obtain an accurate measurement of VOC 
containing liquids, start with an empty fountain (if applicable). After 
completing the run, drain the liquid in the fountain back into the 
liquid drum (if possible), and weigh the drum again. Weigh the VOC 
containing liquids to 0.5 percent of the total 
weight (full) or 0.1 percent of the total weight 
of VOC containing liquid used during the sample run, whichever is less. 
If the residual liquid cannot be returned to the drum, drain the 
fountain into a preweighted empty drum to determine the final weight of 
the liquid.
    3.1.2 If it is not possible to measure a single representative 
mixture, than weigh the various components separately (e.g., if solvent 
is added during the sampling run, weigh the solvent before it is added 
to the mixture). If a fress drum of VOC containing liquid is needed 
during the run, then weigh both the empty drum and fresh drum.
    3.2 Volume measurement (alternative). If direct weight measurements 
are not feasible, the tester may use volume meters and flow rate meters 
(and density measurements) to determine the weight of liquids used if it 
can be demonstrated that the technique produces results equivalent to 
the direct weight measurements. If a single representative mixture 
cannot be measured, measure the components separately.

            4. Determination of VOC Content in Input Liquids

    4.1 Collection of liquid samples.
    4.1.1 Collect a 100-ml or larger sample of the VOC containing liquid 
mixture at each application location at the beginning and end of each 
test run. A separate sample should be taken of each VOC containing 
liquid added to the application mixture during the test run. If a fresh 
drum is needed during the sampling run, then obtain a sample from the 
fresh drum.
    4.1.2 When collecting the sample, ground the sample container to the 
coating drum. Fill the sample container as close to the rim as possible 
to minimize the amount of headspace.
    4.1.3 After the sample is collected, seal the container so the 
sample cannot leak out or evaporate.
    4.1.4 Label the container to identify clearly the contents.
    4.2 Liquid sample VOC content.
    4.2.1 Assemble the liquid VOC content analysis system as shown in 
Figure 1.
    4.2.2 Permanently identify all of the critical orifices that may be 
used. Calibrate each critical orifice under the expected operating 
conditions (i.e., sample vacuum and temperature) against a volume meter 
as described in section 5.3.
    4.2.3 Label and tare the sample vessels (including the stoppers and 
caps) and the syringes.
    4.2.4 Install an empty sample vessel and perform a leak test of the 
system. Close the carrier gas valve and atmospheric vent and evacuate 
the sample vessel to 250 mm (10 in.) Hg absolute or less using the 
aspirator. Close

[[Page 678]]

the toggle valve at the inlet to the aspirator and observe the vacuum 
for at least one minute. If there is any change in the sample pressure, 
release the vacuum, adjust or repair the apparatus as necessary and 
repeat the leak test.
    4.2.5 Perform the analyzer calibration and linearity checks 
according to the procedure in section 5.1. Record the responses to each 
of the calibration gases and the back-pressure setting of the FIA.
    4.2.6 Establish the appropriate dilution ratio by adjusting the 
aspirator air supply or substituting critical orifices. Operate the 
aspirator at a vacuum of at least 25 mm (1 in.) Hg greater than the 
vacuum necessary to achieve critical flow. Select the dilution ratio so 
that the maximum response of the FIA to the sample does not exceed the 
high-range calibration gas.
    4.2.7 Perform system calibration checks at two levels by introducing 
compressed gases at the inlet to the sample vessel while the aspirator 
and dilution devices are operating. Perform these checks using the 
carrier gas (zero concentration) and the system calibration gas. If the 
response to the carrier gas exceeds 0.5 percent of 
span, clean or repair the apparatus and repeat the check. Adjust the 
dilution ratio as necessary to achieve the correct response to the 
upscale check, but do not adjust the analyzer calibration. Record the 
identification of the orifice, aspirator air supply pressure, FIA back-
pressure, and the responses of the FIA to the carrier and system 
calibration gases.
    4.2.8 After completing the above checks, inject the system 
calibration gas for approximately 10 minutes. Time the exact duration of 
the gas injection using a stopwatch. Determine the area under the FIA 
response curve and calculate the system response factor based on the 
sample gas flow rate, gas concentration, and the duration of the 
injection as compared to the integrated response using Equations 2 and 
3.
    4.2.9 Verify that the sample oven and sample line temperatures are 
120 5 [deg]C and that the water bath temperature 
is 100 5 [deg]C.
    4.2.10 Fill a tared syringe with approximately 1 g of the VOC 
containing liquid and weigh it. Transfer the liquid to a tared sample 
vessel. Plug the sample vessel to minimize sample loss. Weigh the sample 
vessel containing the liquid to determine the amount of sample actually 
received. Also, as a quality control check, weigh the empty syringe to 
determine the amount of material delivered. The two coating sample 
weights should agree within 0.02 g. If not, repeat 
the procedure until an acceptable sample is obtained.
    4.2.11 Connect the vessel to the analysis system. Adjust the 
aspirator supply pressure to the correct value. Open the valve on the 
carrier gas supply to the sample vessel and adjust it to provide a 
slight excess flow to the atmospheric vent. As soon as the initial 
response of the FIA begins to decrease, immerse the sample vessel in the 
water bath. (Applying heat to the sample vessel too soon may cause the 
FID response to exceed the calibrated range of the instrument, and thus 
invalidate the analysis.)
    4.2.12 Continuously measure and record the response of the FIA until 
all of the volatile material has been evaporated from the sample and the 
instrument response has returned to the baseline (i.e., response less 
than 0.5 percent of the span value). Observe the aspirator supply 
pressure, FIA back-pressure, atmospheric vent, and other system 
operating parameters during the run; repeat the analysis procedure if 
any of these parameters deviate from the values established during the 
system calibration checks in Section 4.2.7. After each sample perform 
the drift check described in Section 5.2. If the drift check results are 
acceptable, calculate the VOC content of the sample using the equations 
in Section 7. Integrate the area under the FIA response curve, or 
determine the average concentration response and the duration of sample 
analysis.

                  5. Calibration and Quality Assurance

    5.1 FIA calibration and linearity check. Make necessary adjustments 
to the air and fuel supplies for the FIA and ignite the burner. Allow 
the FIA to warm up for the period recommended by the manufacturer. 
Inject a calibration gas into the measurement system and adjust the 
back-pressure regulator to the value required to achieve the flow rates 
specified by the manufacturer. Inject the zero- and the high-range 
calibration gases and adjust the analyzer calibration to provide the 
proper responses. Inject the low- and mid-range gases and record the 
responses of the measurement system. The calibration and linearity of 
the system are acceptable if the responses for all four gases are within 
5 percent of the respective gas values. If the performance of the system 
is not acceptable, repair or adjust the system and repeat the linearity 
check. Conduct a calibration and linearity check after assembling the 
analysis system and after a major change is made to the system.
    5.2 Systems drift checks. After each sample, repeat the system 
calibration checks in Section 4.2.7 before any adjustments to the FIA or 
measurement system are made. If the zero or calibration drift exceeds 
3 percent of the span value, discard the result 
and repeat the analysis.
    5.3 Critical orifice calibration.
    5.3.1 Each critical orifice must be calibrated at the specific 
operating conditions that it will be used. Therefore, assemble all 
components of the liquid sample analysis system as shown in Figure 3. A 
stopwatch is also required.

[[Page 679]]

    5.3.2 Turn on the sample oven, sample line, and water bath heaters 
and allow the system to reach the proper operating temperature. Adjust 
the aspirator to a vacuum of 380 mm (15 in.) Hg vacuum. Measure the time 
required for one soap bubble to move a known distance and record 
barometric pressure.
    5.3.3 Repeat the calibration procedure at a vacuum of 406 mm (16 
in.) Hg and at 25-mm (1-in.) Hg intervals until three consecutive 
determinations provide the same flow rate. Calculate the critical flow 
rate for the orifice in ml/min at standard conditions. Record the vacuum 
necessary to achieve critical flow.

                             6. Nomenclature

AL=area under the response curve of the liquid sample, area 
count.
AS=area under the response curve of the calibration gas, area 
count.
CS=actual concentration of system calibration gas, ppm 
propane.
K=1.830x10-9 g/(ml-ppm).
L=total VOC content of liquid input, kg.
ML=mass of liquid sample delivered to the sample vessel, g.
q=flow rate through critical orifice, ml/min.
RF=liquid analysis system response factor, g/area count.
TS=total gas injection time for system calibration gas during 
integrator calibration, min.
VFj=final VOC fraction of VOC containing liquid j.
VIj=initial VOC fraction of VOC containing liquid j.
VAj=VOC fraction of VOC containing liquid j added during the 
run.
V=VOC fraction of liquid sample.
WFj=weight of VOC containing liquid j remaining at end of the 
run, kg.
WIj=weight of VOC containing liquid j at beginning of the 
run, kg.
WAj=weight of VOC containing liquid j added during the run, 
kg.

                             7. Calculations

    7.1 Total VOC content of the input VOC containing liquid.
    [GRAPHIC] [TIFF OMITTED] TC07NO91.027
    
    7.2 Liquid sample analysis system response factor for systems using 
intergrators, grams/area counts.
[GRAPHIC] [TIFF OMITTED] TC07NO91.028

    7.3 VOC content of the liquid sample.
    [GRAPHIC] [TIFF OMITTED] TC07NO91.029
    

[[Page 680]]


[GRAPHIC] [TIFF OMITTED] TC01MY92.102


[[Page 681]]


[GRAPHIC] [TIFF OMITTED] TC01MY92.103


[[Page 682]]


[GRAPHIC] [TIFF OMITTED] TC01MY92.104


[[Page 683]]



 Procedure T--Criteria for and Verification of a Permanent or Temporary 
                             Total Enclosure

                             1. Introduction

    1.1 Applicability. This procedure is used to determine whether a 
permanent or temporary enclosure meets the criteria of a total 
enclosure.
    1.2 Principle. An enclosure is evaluated against a set of criteria. 
If the criteria are met and if all the exhaust gases are ducted to a 
control device, then the volatile organic compounds (VOC) capture 
efficiency (CE) is assumed to be 100 percent and CE need not be 
measured. However, if part of the exhaust gas stream is not ducted to a 
control device, CE must be determined.

                             2. Definitions

    2.1 Natural Draft Opening (NDO)--Any permanent opening in the 
enclosure that remains open during operation of the facility and is not 
connected to a duct in which a fan is installed.
    2.2 Permanent Total Enclosure (PTE)--A permanently installed 
enclosure that completely surrounds a source of emissions such that all 
VOC emissions are captured and contained for discharge through a control 
device.
    2.3 Temporary Total Enclosure (TTE)--A temporarily installed 
enclosure that completely surrounds a source of emissions such that all 
VOC emissions are captured and contained for discharge through ducts 
that allow for the accurate measurement of VOC rates.

               3. Criteria of a Temporary Total Enclosure

    3.1 Any NDO shall be at least 4 equivalent opening diameters from 
each VOC emitting point.
    3.2 Any exhaust point from the enclosure shall be at least 4 
equivalent duct or hood diameters from each NDO.
    3.3 The total area of all NDO's shall not exceed 5 percent of the 
surface area of the enclosure's four walls, floor, and ceiling.
    3.4 The average facial velocity (FV) of air through all NDO's shall 
be at least 3,600 m/hr (200 fpm). The direction of air through all NDO's 
shall be into the enclosure.
    3.5 All access doors and windows whose areas are not included in 
section 3.3 and are not included in the calculation in section 3.4 shall 
be closed during routine operation of the process.

               4. Criteria of a Permanent Total Enclosure

    4.1 Same as sections 3.1 and 3.3-3.5.
    4.2 All VOC emissions must be captured and contained for discharge 
through a control device.

                              5. Procedure

    5.1 Determine the equivalent diameters of the NDO's and determine 
the distances from each VOC emitting point to all NDO's. Determine the 
equivalent diameter of each exhaust duct or hood and its distance to all 
NDO's. Calculate the distances in terms of equivalent diameters. The 
number of equivalent diameters shall be at least 4.
    5.2 Measure the total area (At) of the enclosure and the 
total area (AN) of all NDO's of the enclosure. Calculate the 
NDO to enclosure area ratio (NEAR) as follows:

NEAR=AN/At
    The NEAR must be <=0.05.
    5.3 Measure the volumetric flow rate, corrected to standard 
conditions, of each gas stream exiting the enclosure through an exhaust 
duct or hood using EPA Method 2. In some cases (e.g., when the building 
is the enclosure), it may be necessary to measure the volumetric flow 
rate, corrected to standard conditions, of each gas stream entering the 
enclosure through a forced makeup air duct using Method 2. Calculate FV 
using the following equation:

FV=[QO-QI]/AN

Where:

QO=the sum of the volumetric flow from all gas streams 
exiting the enclosure through an exhaust duct or hood.
QI=the sum of the volumetric flow from all gas streams into 
the enclosure through a forced makeup air duct; zero, if there is no 
forced makeup air into the enclosure.
AN=total area of all NDO's in enclosure.

    The FV shall be at least 3,600 m/hr (200 fpm).
    5.4 Verify that the direction of air flow through all NDO's is 
inward. Use streamers, smoke tubes, tracer gases, etc. Strips of plastic 
wrapping film have been found to be effective. Monitor the direction of 
air flow at intervals of at least 10 minutes for at least 1 hour.

                          6. Quality Assurance

    6.1 The success of this protocol lies in designing the TTE to 
simulate the conditions that exist without the TTE, i.e., the effect of 
the TTE on the normal flow patterns around the affected facility or the 
amount of fugitive VOC emissions should be minimal. The TTE must enclose 
the application stations, coating reservoirs, and all areas from the 
application station to the oven. The oven does not have to be enclosed 
if it is under negative pressure. The NDO's of the temporary enclosure 
and a fugitive exhaust fan must be properly sized and placed.
    6.2 Estimate the ventilation rate of the TTE that best simulates the 
conditions that exist without the TTE, i.e., the effect of the TTE on 
the normal flow patterns around the affected facility or the amount of 
fugitive

[[Page 684]]

VOC emissions should be minimal. Figure 1 may be used as an aid. Measure 
the concentration (CG) and flow rate (QG) of the 
captured gas stream, specify a safe concentration (CF) for 
the fugitive gas stream, estimate the CE, and then use the plot in 
Figure 1 to determine the volumetric flowrate of the fugitive gas stream 
(QF). A fugitive VOC emission exhaust fan that has a variable 
flow control is desirable.
    6.2.1 Monitor the concentration of VOC into the capture device 
without the TTE. To minimize the effect of temporal variation on the 
captured emissions, the baseline measurement should be made over as long 
a time period as practical. However, the process conditions must be the 
same for the measurement in section 6.2.3 as they are for this baseline 
measurement. This may require short measuring times for this quality 
control check before and after the construction of the TTE.
    6.2.2 After the TTE is constructed, monitor the VOC concentration 
inside the TTE. This concentration shall continue to increase and must 
not exceed the safe level according to OSHA requirements for permissible 
exposure limits. An increase in VOC concentration indicates poor TTE 
design or poor capture efficiency.
    6.2.3 Monitor the concentration of VOC into the capture device with 
the TTE. To limit the effect of the TTE on the process, the VOC 
concentration with and without the TTE must be within 10 percent. If the measurements do not agree, adjust the 
ventilation rate from the TTE until they agree within 10 percent.

[[Page 685]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.105


[55 FR 26856, June 29, 1990; 55 FR 31981, Aug. 6, 1990; 55 FR 39774, 
39775, Sept. 28, 1990, as amended at 56 FR 24723, May 31, 1991; 56 FR 
33712, July 23, 1991; 57 FR 3946, Feb. 3, 1992; 57 FR 7550, Mar. 3, 
1992; 57 FR 27936, June 23, 1992; 58 FR 31653, June 4, 1993; 58 FR 
34908, June 30, 1993; 59 FR 14112, Mar. 25, 1994; 59 FR 46569, Sept. 9, 
1994; 60 FR 41, Jan. 3, 1995; 60 FR 13045, Mar. 10, 1995; 60 FR 14900, 
Mar. 21, 1995; 60 FR 43387, 43393, 43395, Aug. 21, 1995; 61 FR 54559, 
Oct. 21, 1996]

[[Page 686]]



Sec. 52.742  Incorporation by reference.

    The materials listed below are incorporated by reference in the 
corresponding sections noted. The incorporation by reference was 
approved by the Director of the Office of Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated 
as they exist on the date of approval, and a notice of any change in 
these materials will be published in the Federal Register. The materials 
are available from the sources listed below.
    (a) The following material is available for purchase from the 
American Society for Testing and Materials (ASTM), 1916 Race Street, 
Philadelphia, PA 19103.
    (1) ASTM D1475-85, Standard Test Method for Density of Paint, 
Varnish, Lacquer, and Related Products, for Sec. 
52.741(a)(4)(i)(B)(3)(i).
    (2) ASTM D2369-87, Standard Test Method for Volatile Content of 
Coatings, for Sec. 52.741(a)(4)(i)(B)(3)(ii).
    (3) ASTM D3792-86, Standard Test Method for Water Content of Water-
Reducible Paints by Direct Injection into a Gas Chromatograph, for Sec. 
52.741(a)(4)(i)(B)(3)(iii).
    (4) ASTM D4017-81(Reapproved 1987), Standard Test Method for Water 
in Paints and Paint Materials by Karl Fischer Method, for Sec. 
52.741(a)(4)(i)(B)(3)(iv).
    (5) ASTM D4457-85, Standard Test Method for Determination of 
Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by 
Direct Injection into a Gas Chromatograph, for Sec. 
52.741(a)(4)(i)(B)(3)(v).
    (6) ASTM D2697-86, Standard Test Method for Volume Nonvolatile 
Matter in Clear or Pigmented Coatings, for Sec. 
52.741(a)(4)(i)(B)(3)(vi).
    (7) ASTM D3980-87, Standard Practice for Interlaboratory Testing of 
Paint and Related Materials, for Sec. 52.741(a)(4)(i)(B)(3)(vi).
    (8) ASTM E180-85, Standard Practice for Determining the Precision of 
ASTM Methods for Analysis and Testing of Industrial Chemicals, for Sec. 
52.741(a)(4)(i)(B)(3)(viii).
    (9) ASTM D2372-85, Standard Method of Separation of Vehicle from 
Solvent-Reducible Paints, for Sec. 52.741(a)(4)(i)(B)(3)(ix).
    (10) ASTM D2879-86, Standard Test Method for Vapor Pressure-
Temperature Relationship and Initial Decomposition Temperature of 
Liquids by Isoteniscope, for Sec. 52.741(a)(3), (a)(8)(ii), 
(a)(9)(iii), and (a)(10)(iii).
    (11) ASTM D323-82, Standard Test Method for Vapor Pressure of 
Petroleum Products (Reid Method), for Sec. 52.741(a)(3).
    (12) ASTM D86-82, Standard Method for Distillation of Petroleum 
Products, for Sec. 52.741(a)(3).
    (13) ASTM D3925-81(Reapproved 1985), Standard Practice for Sampling 
Liquid Paints and Related Pigment Coatings, for Sec. 
52.741(a)(4)(i)(A)(1).
    (14) ASTM E300-86, Standard Practice for Sampling Industrial 
Chemicals, for Sec. 52.741(a)(4)(i)(A)(2).
    (b) The Evaporation Loss From External Floating-Roof Tanks, 
Publication 2517, second edition, February 1980, for Sec. 52.741(a)(3) 
is available for purchase from the American Petroleum Institute, 2101 L 
Street, NW., Washington, DC 20037.
    (c) The Standard Industrial Classification Manual, 1987, for Sec. 
52.741(a)(3) is available for purchase from the Superintendent of 
Documents, U.S. Government Printing Office, Washington, DC 20402.
    (d) 35 Illinois Administrative Code 215, June 1989, subparts (B), 
(E) (sections 215.182, 215.183, and 215.184), (K) (sections 215.301 and 
215.302), (Q) (excluding sections 215.432 and 215.436), (R) (excluding 
sections 215.447, 215.450, and 215.452), (S), (V), (X), (Y) (sections 
215.582, 215.583, and 215.584), and (Z) of 35 Ill. Adm. Code 215 for 
Sec. 52.741 (d)(l)-(d)(3); (e)(3), (e)(4); (h)(2); (i)(1), (i)(2); 
(j)(1)-(j)(3); (q)(1); (s)(1); (u)(1), (3); (v)(1); (w)(1); and (x)(1), 
(x)(3) is available from the United States Environmental Protection 
Agency, Air and Radiation Division, Region V, 230 S. Dearborn, Chicago, 
IL, 60604.

[55 FR 26909, June 29, 1990]



Sec. 52.743  Continuous monitoring.

    (a) Alternative monitoring requirements established under Section 
201.402 of Title 35, IAC must be either: Incorporated into a federally 
enforceable operating permit or construction permit or submitted to 
USEPA for approval as

[[Page 687]]

a revision to the Illinois State Implementation Plan (SIP). Illinois 
shall set forth alternative emissions monitoring and reporting 
requirements to satisfy the intent of 40 CFR part 51, appendix P 
whenever Illinois exempts any source subject to Section 201.401 from 
installing continuous emission monitoring systems. Illinois may exempt a 
source if the source cannot install a continuous emission monitoring 
system because of physical plant limitations or extreme economic 
reasons, according to the criteria of Section 201.402.
    (b) As codified at 40 CFR 52.737 (USEPA's approval of the Illinois 
operating permit program for the purpose of issuing federally 
enforceable construction and operating permits), USEPA reserves the 
right to deem an operating permit not federally enforceable. Such a 
determination will be made according to appropriate procedures including 
operating permit requirements promulgated at 54 FR 27274 (June 28, 1989) 
and will be based upon either; the permit, permit approval procedures or 
state or local permit requirements which do not conform with the 
operating permit program requirements or the requirements of USEPA's 
underlying regulations. Among other things, underlying requirements 
include 40 CFR 51.214 and part 51, appendix P and Illinois' approved 
SIP, 40 CFR part 52. Should USEPA deem an operating or construction 
permit containing alternative monitoring requirements not federally 
enforceable, the underlying continuous monitoring requirements at 
Section 201.401 of the State rule would be the Federal requirements 
contained in the SIP to which the source would be subject. This 
interpretation of the impact of an operating permit deemed not federally 
enforceable by USEPA on a source to which it was issued was acknowledged 
by the State in a March 3, 1993, letter from Bharat Mathur, Chief, 
Bureau of Air, Illinois Environmental Protection Agency, to Stephen 
Rothblatt, Chief, Regulation Development Branch, Region 5, USEPA.

[58 FR 17783, Apr. 6, 1993]



Sec. 52.744  Small business stationary source technical and environmental 

compliance assistance program.

    The Illinois program submitted on November 12, 1992, as a requested 
revision to the Illinois State Implementation Plan satisfies the 
requirements of section 507 of the Clean Air Act Amendments of 1990.

[58 FR 45451, Aug. 30, 1993]



                            Subpart P_Indiana



Sec. 52.769  Identification of plan--conditional approval.

    The plan revision commitment listed in paragraphs (a) and (b) of 
this section were submitted on the dates specified.
    (a)-(b) [Reserved]

[60 FR 22241, 22242, May 4, 1995, as amended at 62 FR 19056, Apr. 18, 
1997; 63 FR 35144, June 29, 1998]



Sec. 52.770  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan (SIP) for Indiana 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 
December 31, 2009, 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 an EPA approval date after December 31, 2009, 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 31, 2009.
    (3) Copies of the materials incorporated by reference may be 
inspected

[[Page 688]]

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 Indiana Regulations
----------------------------------------------------------------------------------------------------------------
                                                    Indiana
   Indiana citation            Subject          effective date     EPA approval date              Notes
----------------------------------------------------------------------------------------------------------------
                                          Article 1. General Provisions
----------------------------------------------------------------------------------------------------------------
                               Rule 1. Provisions Applicable Throughout Title 326
----------------------------------------------------------------------------------------------------------------
1-1-2................  References to federal         6/24/1994  7/21/1997, 62 FR 38919.
                        Act.
1-1-3................  References to the Code       10/31/2010  5/13/2011, 76 FR 27904.
                        of Federal Regulations.
1-1-4................  Severability...........  ..............  2/18/1982, 47 FR 6622..
1-1-5................  Savings clause.........  ..............  2/18/1982, 47 FR 6622..
1-1-6................  Credible evidence......       3/16/2005  10/19/2005, 70 FR
                                                                 60735..
----------------------------------------------------------------------------------------------------------------
                                               Rule 2. Definitions
----------------------------------------------------------------------------------------------------------------
1-2-1................  Applicability of              9/26/1980  11/5/1981, 46 FR 54943.
                        definitions.
1-2-2................  ``Allowable                   6/24/1994  7/21/1997, 62 FR 38919.
                        emissions[sec] defined.
1-2-3................  Air pollution control         9/26/1980  11/5/1981, 46 FR 54943.
                        equipment.
1-2-4................  ``Applicable state and        6/24/1994  7/21/1997, 62 FR 38919.
                        federal
                        regulations[sec]
                        defined.
1-2-5................  ``Attainment area[sec]        9/26/1980  11/5/1981, 46 FR 54943.
                        defined.
1-2-6................  ``Best available              9/26/1980  11/5/1981, 46 FR 54943.
                        control technology
                        (BACT)[sec] defined.
1-2-7................  ``Bulk gasoline               9/26/1980  11/5/1981, 46 FR 54943.
                        plant[sec] defined.
1-2-8................  ``Bulk gasoline               9/26/1980  11/5/1981, 46 FR 54943.
                        terminal[sec] defined.
1-2-9................  ``Catalytic cracking          9/26/1980  11/5/1981, 46 FR 54943.
                        unit[sec] defined.
1-2-10...............  ``Charging[sec] defined       9/26/1980  11/5/1981, 46 FR 54943.
1-2-11...............  ``Charge port[sec]            9/26/1980  11/5/1981, 46 FR 54943.
                        defined.
1-2-12...............  ``Clean Air Act[sec]          6/24/1994  7/21/1997, 62 FR 38919.
                        defined.
1-2-13...............  ``Coal processing[sec]        9/26/1980  11/5/1981, 46 FR 54943.
                        defined.
1-2-14...............  ``Coating line[sec]            6/5/1991  3/6/1992, 57 FR 8082...
                        defined.
1-2-16...............  ``Coke oven                   9/26/1980  11/5/1981, 46 FR 54943.
                        battery[sec] defined.
1-2-17...............  Coke Oven Topside......       9/26/1980  11/5/1981, 46 FR 54943.
1-2-18...............  Coke-Side..............       9/26/1980  11/5/1981, 46 FR 54943.
1-2-18.5.............  ``Cold cleaner                5/18/1990  3/6/1992, 57 FR 8082...
                        degreaser[sec] defined.
1-2-19...............  ``Combustion for              9/26/1980  11/5/1981, 46 FR 54943.
                        indirect heating[sec]
                        defined.
1-2-20...............  Commence Construction..       9/26/1980  11/5/1981, 46 FR 54943.
1-2-21...............  Construction...........       9/26/1980  11/5/1981, 46 FR 54943.
1-2-21.5.............  ``Conveyorized                5/18/1990  3/6/1992, 57 FR 8082...
                        degreaser[sec] defined.
1-2-22...............  Cutback asphalt........       9/26/1980  11/5/1981, 46 FR 54943.
1-2-22.5.............  ``Department[sec]             1/21/1995  7/5/1995, 60 FR 34856..
                        defined.
1-2-23...............  ``Electric arc                9/26/1980  11/5/1981, 46 FR 54943.
                        furnaces[sec] defined.
1-2-24...............  EPA....................       9/26/1980  11/5/1981, 46 FR 54943.
1-2-25...............  Excess air.............       9/26/1980  11/5/1981, 46 FR 54943.
1-2-26...............  Existing facility......       9/26/1980  11/5/1981, 46 FR 54943.
1-2-27...............  Facility...............       9/26/1980  11/5/1981, 46 FR 54943.
1-2-28...............  Farming operation......       9/26/1980  11/5/1981, 46 FR 54943.
1-2-28.5.............  ``Federally                   1/21/1995  7/5/1995, 60 FR 34856..
                        enforceable[sec]
                        defined.
1-2-29...............  Flare..................       9/26/1980  11/5/1981, 46 FR 54943.
1-2-29.5.............  ``Freeboard height[sec]       5/18/1990  3/6/1992, 57 FR 8082...
                        defined.
1-2-29.6.............  ``Freeboard ratio[sec]        5/18/1990  3/6/1992, 57 FR 8082...
                        defined.
1-2-30...............  Fugitive dust..........       9/26/1980  11/5/1981, 46 FR 54943.
1-2-31...............  Gas collector main.....       9/26/1980  11/5/1981, 46 FR 54943.
1-2-32...............  Gasoline...............       9/26/1980  11/5/1981, 46 FR 54943.
1-2-32.1.............  ``Gooseneck cap[sec]          6/11/1993  6/15/1995, 60 FR 31412.
                        defined.
1-2-33...............  Governmental unit......       9/26/1980  11/5/1981, 46 FR 54943.

[[Page 689]]

 
1-2-33.1.............  ``Grain elevator[sec]         6/24/1994  7/21/1997, 62 FR 38919.
                        defined.
1-2-33.2.............  ``Grain terminal              6/24/1994  7/21/1997, 62 FR 38919.
                        elevator[sec] defined.
1-2-34...............  Incinerator............       9/26/1980  11/5/1981, 46 FR 54943.
1-2-34.1.............  ``Jumper pipe[sec]            6/11/1993  6/15/1995, 60 FR 31412.
                        defined.
1-2-35...............  Larry car..............       9/26/1980  11/5/1981, 46 FR 54943.
1-2-36...............  Lowest achievable             9/26/1980  11/5/1981, 46 FR 54943.
                        emission rate.
1-2-37...............  Luting material........       9/26/1980  11/5/1981, 46 FR 54943.
1-2-38...............  Major facility.........       9/26/1980  11/5/1981, 46 FR 54943.
1-2-39...............  Malfunction............       9/26/1980  11/5/1981, 46 FR 54943.
1-2-40...............  Material...............       9/26/1980  11/5/1981, 46 FR 54943.
1-2-41...............  Military specifications       9/26/1980  11/5/1981, 46 FR 54943.
1-2-42...............  Modification...........       9/26/1980  11/5/1981, 46 FR 54943.
1-2-43...............  Natural growth.........       9/26/1980  11/5/1981, 46 FR 54943.
1-2-44...............  Necessary                     9/26/1980  11/5/1981, 46 FR 54943.
                        preconstruction
                        approvals for permits.
1-2-45...............  New facility...........       9/26/1980  11/5/1981, 46 FR 54943.
1-2-46...............  Nonattainment areas....       9/26/1980  11/5/1981, 46 FR 54943.
1-2-47...............  ``Noncombustible              9/26/1980  11/5/1981, 46 FR 54943.
                        container[sec] defined.
1-2-48...............  ``Nonphotochemically         10/31/2010  5/13/2011, 76 FR 27904.
                        reactive
                        hydrocarbons[sec] or
                        ``negligibly
                        photochemically
                        reactive
                        compounds[sec] defined.
1-2-49...............  Offtake piping.........       9/26/1980  11/5/1981, 46 FR 54943.
1-2-49.5.............  ``Open top vapor              5/18/1990  3/6/1992, 57 FR 8082...
                        degreaser[sec] defined.
1-2-50...............  Oven door..............       9/26/1980  11/5/1981, 46 FR 54943.
1-2-51...............  ``Owner or                    9/26/1980  11/5/1981, 46 FR 54943.
                        operator[sec] defined.
1-2-52...............  ``Particulate                 1/19/2005  10/19/2005, 70 FR
                        matter[sec] defined.                     60735..
1-2-52.2.............  ``PM2.5[sec] defined...       1/19/2005  10/19/2005, 70 FR
                                                                 60735..
1-2-52.4.............  ``PM10[sec] defined....       1/19/2005  10/19/2005, 70 FR
                                                                 60735..
1-2-54...............  Positive net air              9/26/1980  11/5/1981, 46 FR 54943.
                        quality benefit.
1-2-55...............  Potential emissions....       9/26/1980  11/5/1981, 46 FR 54943.
1-2-56...............  Pre-carbonization......       9/26/1980  11/5/1981, 46 FR 54943.
1-2-57...............  Primary chamber........       9/26/1980  11/5/1981, 46 FR 54943.
1-2-58...............  Process................       9/26/1980  11/5/1981, 46 FR 54943.
1-2-59...............  Process weight; weight        9/26/1980  11/5/1981, 46 FR 54943.
                        rate.
1-2-60...............  Pushing................       9/26/1980  11/5/1981, 46 FR 54943.
1-2-61...............  ``Push-side[sec]              9/26/1980  11/5/1981, 46 FR 54943.
                        defined.
1-2-62...............  ``Qualified                   9/26/1980  11/5/1981, 46 FR 54943.
                        observer[sec] defined.
1-2-62.1.............  ``Quench car[sec]             6/11/1993  6/15/1995, 60 FR 31412.
                        defined.
1-2-63...............  Quenching..............       9/26/1980  11/5/1981, 46 FR 54943.
1-2-63.1.............  ``Quench reservoir[sec]       6/11/1993  6/15/1995, 60 FR 31412.
                        defined.
1-2-63.2.............  ``Quench tower[sec]           6/11/1993  6/15/1995, 60 FR 31412.
                        defined.
1-2-64...............  Reasonable further            9/26/1980  11/5/1981, 46 FR 54943.
                        progress.
1-2-64.1.............  ``Reasonably available        1/21/1995  7/5/1995, 60 FR 34856..
                        control
                        technology[sec] or
                        ``RACT[sec] defined.
1-2-65...............  Reconstruction.........       9/26/1980  11/5/1981, 46 FR 54943.
1-2-66...............  Regulated pollutant....       9/26/1980  11/5/1981, 46 FR 54943.
1-2-67...............  Reid vapor pressure....       9/26/1980  11/5/1981, 46 FR 54943.
1-2-68...............  Related facilities.....       9/26/1980  11/5/1981, 46 FR 54943.
1-2-69...............  Respirable dust........       9/26/1980  11/5/1981, 46 FR 54943.
1-2-70...............  ``Secondary                   9/26/1980  11/5/1981, 46 FR 54943.
                        chamber[sec] defined.
1-2-71...............  ``Shutdown                    9/26/1980  11/5/1981, 46 FR 54943.
                        condition[sec] defined.
1-2-72...............  ``Solvent[sec] defined.       9/26/1980  11/5/1981, 46 FR 54943.
1-2-73...............  ``Source[sec] defined..       9/26/1980  11/5/1981, 46 FR 54943.
1-2-74...............  ``Stack[sec] defined...       9/26/1980  11/5/1981, 46 FR 54943.
1-2-75...............  ``Standard                    9/26/1980  11/5/1981, 46 FR 54943.
                        conditions[sec]
                        defined.
1-2-76...............  ``Startup                     9/26/1980  11/5/1981, 46 FR 54943.
                        condition[sec] defined.
1-2-77...............  ``Standpipe lid[sec]          9/26/1980  11/5/1981, 46 FR 54943.
                        defined.
1-2-80...............  ``Tank wagon[sec]             9/26/1980  11/5/1981, 46 FR 54943.
                        defined.
1-2-81...............  ``Temporary                   9/26/1980  11/5/1981, 46 FR 54943.
                        emissions[sec] defined.
1-2-82...............  ``Theoretical air[sec]        9/26/1980  11/5/1981, 46 FR 54943.
                        defined.
1-2-82.5.............  ``Total suspended             1/19/2005  10/19/2005, 70 FR
                        particulate[sec] or                      60735..
                        ``TSP[sec] defined.
1-2-83...............  ``Transfer                    9/26/1980  11/5/1981, 46 FR 54943.
                        efficiency[sec]
                        defined.
1-2-84...............  ``Transport[sec]              9/26/1980  11/5/1981, 46 FR 54943.
                        defined.
1-2-85...............  ``True vapor                  9/26/1980  11/5/1981, 46 FR 54943.
                        pressure[sec] defined.
1-2-86...............  ``Unclassifiable              9/26/1980  11/5/1981, 46 FR 54943.
                        (unclassified)
                        areas[sec] defined.

[[Page 690]]

 
1-2-87...............  ``Underfire[sec]              9/26/1980  11/5/1981, 46 FR 54943.
                        defined.
1-2-88...............  ``Vapor balance               9/26/1980  11/5/1981, 46 FR 54943.
                        system[sec] defined.
1-2-89...............  ``Vapor control               9/26/1980  11/5/1981, 46 FR 54943.
                        system[sec] defined.
1-2-90...............  ``Volatile organic            5/26/2007  3/18/2008, 73 FR 14389.
                        compound[sec] or
                        ``VOC[sec] defined.
1-2-91...............  ``Wood products[sec]          9/26/1980  11/5/1981, 46 FR 54943.
                        defined.
----------------------------------------------------------------------------------------------------------------
                                      Rule 3. Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
1-3-1................  Applicability..........  ..............  11/27/1981, 46 FR
                                                                 57895..
1-3-2................  Sampling Methods and     ..............  11/27/1981, 46 FR
                        Analysis.                                57895..
1-3-3................  Quality assurance        ..............  11/27/1981, 46 FR
                        guidelines.                              57895..
1-3-4................  Ambient air quality          10/24/2010  3/1/2012, 77 FR 12482..
                        standards.
----------------------------------------------------------------------------------------------------------------
                                          Rule 5. Episode Alert Levels
----------------------------------------------------------------------------------------------------------------
1-5-1................  Air Pollution Forecast.  ..............  5/31/1972, 37 FR 10842.
1-5-2................  Air Pollution Alert....  ..............  5/31/1972, 37 FR 10842.
1-5-3................  Air Pollution Warning..  ..............  5/31/1972, 37 FR 10842.
1-5-4................  Air Pollution Emergency  ..............  5/31/1972, 37 FR 10842.
1-5-5................  Termination............  ..............  5/31/1972, 37 FR 10842.
----------------------------------------------------------------------------------------------------------------
                                              Rule 6. Malfunctions
----------------------------------------------------------------------------------------------------------------
1-6-1................  Applicability..........       6/24/1994  7/21/1997, 62 FR 38919.
1-6-2................  Records; notice of            3/15/1984  5/3/1990, 55 FR 18604..
                        malfunction.
1-6-3................  Preventive maintenance        3/15/1984  5/3/1990, 55 FR 18604..
                        plans.
1-6-4................  Conditions under which        3/15/1984  5/3/1990, 55 FR 18604..
                        malfunction not
                        considered violation.
1-6-5................  Excessive malfunctions;       3/15/1984  5/3/1990, 55 FR 18604..
                        department actions.
1-6-6................  Malfunction emission          3/15/1984  5/3/1990, 55 FR 18604..
                        reduction program.
----------------------------------------------------------------------------------------------------------------
                                         Rule 7. Stack Height Provisions
----------------------------------------------------------------------------------------------------------------
1-7-1................  Applicability..........       8/27/1980  3/12/1982, 47 FR 10824.
1-7-3................  Actual stack height           8/27/1980  3/12/1982, 47 FR 10824.
                        provisions.
1-7-5................  Exemptions; limitations       8/27/1980  3/12/1982, 47 FR 10824.
----------------------------------------------------------------------------------------------------------------
                                         Article 2. Permit Review Rules
----------------------------------------------------------------------------------------------------------------
                                          Rule 1.1. General Provisions
----------------------------------------------------------------------------------------------------------------
2-1.1-6..............  Public notice..........       6/26/1999  6/27/2003, 68 FR 38197.
2-1.1-7..............  Fees...................       9/10/2004  6/18/2007, 72 FR 33395.
2-1.1-8..............  Time periods for              6/26/1999  6/27/2003, 68 FR 38197.
                        determination on
                        permit applications.
2-1.1-9.5............  General provisions;          12/16/2007  10/6/2009, 74 FR 51240.
                        term of permit.
----------------------------------------------------------------------------------------------------------------
                       Rule 2. Prevention of Significant Deterioration (PSD) Requirements
----------------------------------------------------------------------------------------------------------------
2-2-1................  Definitions............      03/16/2011  9/28/2011, 76 FR 59899.
2-2-2................  Applicability..........      10/31/2010  7/8/2011, 76 FR 40242..
2-2-3................  Control technology            9/10/2004  6/18/2007, 72 FR 33395.
                        review; requirements.
2-2-4................  Air quality analysis;        03/16/2011  9/28/2011, 76 FR 59899.
                        requirements.
2-2-5................  Air quality impact;          10/31/2010  7/8/2011, 76 FR 40242..
                        requirements.
2-2-6................  Increment consumption;        9/10/2004  6/18/2007, 72 FR 33395.
                        requirements.
2-2-8................  Source obligation......      10/31/2010  7/8/2011, 76 FR 40242..
2-2-10...............  Source information.....      10/31/2010  7/8/2011, 76 FR 40242..
2-2-11...............  Stack height provisions       4/22/2001  6/27/2003, 68 FR 38197.
2-2-12...............  Permit rescission......        4/8/2004  5/20/2004, 69 FR 29071.
2-2-13...............  Area designation and          4/22/2001  6/27/2003, 68 FR 38197.
                        redesignation.
2-2-15...............  Public participation...       4/22/2001  6/27/2003, 68 FR 38197.
2-2-16...............  Ambient air ceilings...       4/22/2001  6/27/2003, 68 FR 38197.
----------------------------------------------------------------------------------------------------------------

[[Page 691]]

 
                    Rule 2.4. Actuals Plantwide Applicability Limitations in Attainment Areas
----------------------------------------------------------------------------------------------------------------
2-2.4-1..............  Applicability..........       9/10/2004  6/18/2007, 72 FR 33395.
2-2.4-2..............  Definitions............       9/10/2004  6/18/2007, 72 FR 33395.
2-2.4-3..............  Permit application            9/10/2004  6/18/2007, 72 FR 33395.
                        requirements.
2-2.4-4..............  General requirements          9/10/2004  6/18/2007, 72 FR 33395.
                        for establishing PALs.
2-2.4-5..............  Public participation          9/10/2004  6/18/2007, 72 FR 33395.
                        requirements for PALs.
2-2.4-6..............  Establishing a 10 year        9/10/2004  6/18/2007, 72 FR 33395.
                        actuals PAL level.
2-2.4-7..............  Contents of the PAL           9/10/2004  6/18/2007, 72 FR 33395.
                        permit.
2-2.4-8..............  PAL effective period          9/10/2004  6/18/2007, 72 FR 33395.
                        and reopening of the
                        PAL permit.
2-2.4-9..............  Expiration of a PAL....       9/10/2004  6/18/2007, 72 FR 33395.
2-2.4-10.............  Renewal of a PAL.......       9/10/2004  6/18/2007, 72 FR 33395.
2-2.4-11.............  Increasing a PAL during       9/10/2004  6/18/2007, 72 FR 33395.
                        the PAL effective
                        period.
2-2.4-12.............  Monitoring requirements       9/10/2004  6/18/2007, 72 FR 33395.
                        for PALs.
2-2.4-13.............  Record keeping                9/10/2004  6/18/2007, 72 FR 33395.
                        requirements.
2-2.4-14.............  Reporting and                 9/10/2004  6/18/2007, 72 FR 33395.
                        notification
                        requirements.
2-2.4-15.............  Termination and               9/10/2004  6/18/2007, 72 FR 33395.
                        revocation of a PAL.
----------------------------------------------------------------------------------------------------------------
                                             Rule 3. Emission Offset
----------------------------------------------------------------------------------------------------------------
2-3-1................  Definitions............      10/31/2010  7/8/2011, 76 FR 40242..
2-3-2................  Applicability..........      10/31/2010  7/8/2011, 76 FR 40242..
2-3-3................  Applicable requirements      10/31/2010  7/8/2011, 76 FR 40242..
2-3-4................  Banking of emission          12/13/1993  10/7/1994, 59 FR 51108.
                        offsets.
2-3-5................  Location of offsetting       12/13/1993  10/7/1994, 59 FR 51108.
                        emissions.
----------------------------------------------------------------------------------------------------------------
                  Rule 3.4. Actuals Plantwide Applicability Limitations in Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
2-3.4-1..............  Applicability..........       9/10/2004  6/18/2007, 72 FR 33395.
2-3.4-2..............  Definitions............       9/10/2004  6/18/2007, 72 FR 33395.
2-3.4-3..............  Permit application            9/10/2004  6/18/2007, 72 FR 33395.
                        requirements.
2-3.4-4..............  Establishing PALs;            9/10/2004  6/18/2007, 72 FR 33395.
                        general requirements.
2-3.4-5..............  Public participation          9/10/2004  6/18/2007, 72 FR 33395.
                        requirements for PALs.
2-3.4-6..............  Establishing a 10 year        9/10/2004  6/18/2007, 72 FR 33395.
                        actuals PAL level.
2-3.4-7..............  Contents of the PAL           9/10/2004  6/18/2007, 72 FR 33395.
                        permit.
2-3.4-8..............  PAL effective period          9/10/2004  6/18/2007, 72 FR 33395.
                        and reopening of the
                        PAL permit.
2-3.4-9..............  Expiration of a PAL....       9/10/2004  6/18/2007, 72 FR 33395.
2-3.4-10.............  Renewal of a PAL.......       9/10/2004  6/18/2007, 72 FR 33395.
2-3.4-11.............  Increasing a PAL during       9/10/2004  6/18/2007, 72 FR 33395.
                        the PAL effective
                        period.
2-3.4-12.............  Monitoring requirements       9/10/2004  6/18/2007, 72 FR 33395.
                        for PALs.
2-3.4-13.............  Record keeping                9/10/2004  6/18/2007, 72 FR 33395.
                        requirements.
2-3.4-14.............  Reporting and                 9/10/2004  6/18/2007, 72 FR 33395.
                        notification
                        requirements.
2-3.4-15.............  Termination and               9/10/2004  6/18/2007, 72 FR 33395.
                        revocation of a PAL.
----------------------------------------------------------------------------------------------------------------
                                      Rule 5.1. Construction of New Sources
----------------------------------------------------------------------------------------------------------------
2-5.1-4..............  Transition procedures..       9/10/2004  6/18/2007, 72 FR 33395.
----------------------------------------------------------------------------------------------------------------
                                           Rule 6. Emission Reporting
----------------------------------------------------------------------------------------------------------------
2-6-1................  Applicability..........       8/13/2006  3/29/2007, 72 FR 14678.
2-6-2................  Definitions............       3/27/2004  10/29/2004, 69 FR 63069
2-6-3................  Compliance schedule....       8/13/2006  3/29/2007, 72 FR 14678.
2-6-4................  Requirements...........       8/13/2006  3/29/2007, 72 FR 14678.
2-6-5................  Additional information        3/27/2004  10/29/2004, 69 FR 63069
                        requests.
----------------------------------------------------------------------------------------------------------------
                          Rule 8. Federally Enforceable State Operating Permit Program
----------------------------------------------------------------------------------------------------------------
2-8-1................  Definitions............       6/24/1994  8/18/1995, 60 FR 43008.

[[Page 692]]

 
2-8-2................  Applicability..........       6/24/1994  8/18/1995, 60 FR 43008.
2-8-3................  Permit application.....       6/24/1994  8/18/1995, 60 FR 43008.
2-8-4................  Permit content.........      12/16/2007  10/6/2009, 74 FR 51240.
2-8-5................  Compliance requirements       6/24/1994  8/18/1995, 60 FR 43008.
                        for FESOPs.
2-8-6................  Federally enforceable         6/24/1994  8/18/1995, 60 FR 43008.
                        requirements.
2-8-7................  Permit issuance,              6/24/1994  8/18/1995, 60 FR 43008.
                        renewal, and revisions.
2-8-8................  Permit reopening.......       6/24/1994  8/18/1995, 60 FR 43008.
2-8-9................  Permit expiration......       6/24/1994  8/18/1995, 60 FR 43008.
2-8-10...............  Administrative permit         6/24/1994  8/18/1995, 60 FR 43008.
                        amendments.
2-8-11...............  Permit modification           6/24/1994  8/18/1995, 60 FR 43008.
                        (Repealed).
2-8-11.1.............  Permit revisions.......       6/24/1994  8/18/1995, 60 FR 43008.
2-8-12...............  Emergency provision....       6/24/1994  8/18/1995, 60 FR 43008.
2-8-13...............  Public notice..........       6/24/1994  8/18/1995, 60 FR 43008.
2-8-14...............  Review by U.S. EPA.....       6/24/1994  8/18/1995, 60 FR 43008.
2-8-15...............  Operational flexibility       6/24/1994  8/18/1995, 60 FR 43008.
2-8-16...............  Fees...................       6/24/1994  8/18/1995, 60 FR 43008.
2-8-17...............  Local agencies.........       6/24/1994  8/18/1995, 60 FR 43008.
----------------------------------------------------------------------------------------------------------------
                               Rule 9. Source Specific Operating Agreement Program
----------------------------------------------------------------------------------------------------------------
2-9-1................  General provisions.....       6/24/1994  4/2/1996, 61 FR 14487..
2-9-2................  Source specific               6/24/1994  4/2/1996, 61 FR 14487..  Sec. 2(a), 2(b), and
                        restrictions and                                                  2(e)
                        conditions (Repealed).
----------------------------------------------------------------------------------------------------------------
                                       Article 3. Monitoring Requirements
----------------------------------------------------------------------------------------------------------------
3-1..................  Continuous Monitoring    ..............  9/4/1981, 46 FR 44448..  Sec. 1.
                        of Emissions.
3-2.1................  Source Sampling               7/15/1995  4/9/1996, 61 FR 15704..  Sec. 5.
                        Procedures.
3-5..................  Continuous Monitoring          3/1/1998  12/28/2009, 74 FR 68541  Sec. 1.
                        of Emissions.
----------------------------------------------------------------------------------------------------------------
                                         Article 4. Burning Regulations
----------------------------------------------------------------------------------------------------------------
4-1..................  Open Burning...........  ..............  6/22/1978, 43 FR 26722.  Sec. 4 and 5.
                                                     8/25/1982  5/18/1983, 48 FR 22294.  Sec. 0.5 and 2.
                                                     6/23/1995  2/1/1996, 61 FR 3581...  Sec. 3.
4-2..................  Incinerators...........      12/15/2002  11/30/2004, 69 FR        .......................
                                                                 69531.
----------------------------------------------------------------------------------------------------------------
                                         Article 5. Opacity Regulations
----------------------------------------------------------------------------------------------------------------
5-1..................  Opacity Limitations....       6/11/1993  6/15/1995, 60 FR 31412.  Sec. 4(a), 5(a), 5(c),
                                                                                          7.
                                                     11/8/1998  7/16/2002, 67 FR 46589.  Sec. 1, 2, 3, 4(b),
                                                                                          5(b).
----------------------------------------------------------------------------------------------------------------
                                          Article 6. Particulate Rules
----------------------------------------------------------------------------------------------------------------
6-2..................  Particulate Emission         10/21/1983  5/17/1985, 50 FR 20569.
                        Limitations for
                        Sources of Indirect
                        Heating.
6-3..................  Particulate Emission          6/12/2002  7/25/2005, 70 FR 42495.
                        Limitations for
                        Manufacturing
                        Processes.
6-4..................  Fugitive Dust Emissions      11/16/1973  10/28/1975, 40 FR
                                                                 50032.
6-7..................  Particulate Matter            8/30/2008  11/10/2009, 74 FR 57904  Sec. 1.
                        Emissions Limitations
                        for Southern Indiana
                        Gas and Electric
                        Company.
----------------------------------------------------------------------------------------------------------------
                         Article 6.5. Particulate Matter Limitations Except Lake County
----------------------------------------------------------------------------------------------------------------
6.5-1................  General Provisions.....        9/9/2005  3/22/2006, 71 FR 14383.
6.5-2................  Clark County...........       2/22/2008  4/30/2008, 73 FR 23356.
6.5-3................  Dearborn County........       2/22/2008  4/30/2008, 73 FR 23356.
6.5-4................  Dubois County..........       2/22/2008  4/30/2008, 73 FR 23356.
6.5-5................  Howard County..........       2/22/2008  4/30/2008, 73 FR 23356.
6.5-6................  Marion County..........       2/22/2008  4/30/2008, 73 FR 23356.
6.5-7................  St. Joseph County......       2/22/2008  4/30/2008, 73 FR 23356.
6.5-8................  Vanderburgh County.....       2/22/2008  4/30/2008, 73 FR 23356.
6.5-9................  Vigo County............       2/22/2008  4/30/2008, 73 FR 23356.
6.5-10...............  Wayne County...........       2/22/2008  4/30/2008, 73 FR 23356.
----------------------------------------------------------------------------------------------------------------

[[Page 693]]

 
                           Article 6.8. Particulate Matter Limitations for Lake County
----------------------------------------------------------------------------------------------------------------
                                           Rule 1. General Provisions
----------------------------------------------------------------------------------------------------------------
6.8-1-1..............  Applicability..........       2/22/2008  4/30/2008, 73 FR 23356.
6.8-1-1.5............  Definitions............        9/9/2005  3/22/2006, 71 FR 14383.
6.8-1-2..............  Particulate emission           9/9/2005  3/22/2006, 71 FR 14383.
                        limitations; fuel
                        combustion steam
                        generators, asphalt
                        concrete plant, grain
                        elevators, foundries,
                        mineral aggregate
                        operations;
                        modification by
                        commissioner.
6.8-1-3..............  Compliance                     9/9/2005  3/22/2006, 71 FR 14383.
                        determination.
6.8-1-4..............  Compliance schedules...        9/9/2005  3/22/2006, 71 FR 14383.
6.8-1-5..............  Control strategies.....       2/22/2008  4/30/2008, 73 FR 23356.
6.8-1-6..............  State implementation           9/9/2005  3/22/2006, 71 FR 14383.
                        plan revisions.
6.8-1-7..............  Scope..................       2/22/2008  4/30/2008, 73 FR 23356.
----------------------------------------------------------------------------------------------------------------
                                 Rule 2. Lake County: PM10 Emission Requirements
----------------------------------------------------------------------------------------------------------------
6.8-2-1..............  General provisions and        2/22/2008  4/30/2008, 73 FR 23356.
                        definitions.
6.8-2-2..............  Lake County: PM10 and         2/22/2008  4/30/2008, 73 FR 23356.
                        total suspended
                        particulates (TSP)
                        emissions.
6.8-2-4..............  ASF-Keystone, Inc.--          2/22/2008  4/30/2008, 73 FR 23356.
                        Hammond.
6.8-2-6..............  BP Products North             2/22/2008  4/30/2008, 73 FR 23356.
                        America, Inc.--Whiting
                        Refinery.
6.8-2-7..............  Bucko Construction            2/22/2008  4/30/2008, 73 FR 23356.
                        Company, Inc.
6.8-2-8..............  Cargill, Inc...........      11/19/2010  4/14/2011, 76 FR 20846.
6.8-2-9..............  W.R. Grace and Co.--          2/22/2008  4/30/2008, 73 FR 23356.
                        Conn.
6.8-2-13.............  Hammond Group, Inc.           2/22/2008  4/30/2008, 73 FR 23356.
                        (HGI) Halox Division,
                        Lead Products
                        Division, and Hammond
                        Expander Division.
6.8-2-14.............  Hammond Group, Inc.--         2/22/2008  4/30/2008, 73 FR 23356.
                        Halstab Division.
6.8-2-16.............  Resco Products, Inc....       2/22/2008  4/30/2008, 73 FR 23356.
6.8-2-17.............  Mittal Steel--Indiana         2/22/2008  4/30/2008, 73 FR 23356.
                        Harbor East Inc.
6.8-2-18.............  Jupiter Aluminum              2/22/2008  4/30/2008, 73 FR 23356.
                        Corporation.
6.8-2-19.............  Dover Chemical                2/22/2008  4/30/2008, 73 FR 23356.
                        Corporation--Hammond.
6.8-2-20.............  LaSalle Steel Company..       2/22/2008  4/30/2008, 73 FR 23356.
6.8-2-21.............  Mittal Steel--Indiana         2/22/2008  4/30/2008, 73 FR 23356.
                        Harbor West Inc.
6.8-2-22.............  Carmeuse Lime Inc......       2/22/2008  4/30/2008, 73 FR 23356.
6.8-2-24.............  Methodist Hospital Inc.       2/22/2008  4/30/2008, 73 FR 23356.
6.8-2-25.............  National Recovery             2/22/2008  4/30/2008, 73 FR 23356.
                        Systems.
6.8-2-26.............  NIPSCo--Dean H.               2/22/2008  4/30/2008, 73 FR 23356.
                        Mitchell Station.
6.8-2-27.............  Praxair Inc............       2/22/2008  4/30/2008, 73 FR 23356.
6.8-2-28.............  Premiere Candy Company.       2/22/2008  4/30/2008, 73 FR 23356.
6.8-2-29.............  Reed Minerals--Plant          2/22/2008  4/30/2008, 73 FR 23356.
                        14.
6.8-2-30.............  Rhodia, Inc............       2/22/2008  4/30/2008, 73 FR 23356.
6.8-2-31.............  Silgan Containers             2/22/2008  4/30/2008, 73 FR 23356.
                        Manufacturing
                        Corporation.
6.8-2-32.............  Smith Ready Mix, Inc...       2/22/2008  4/30/2008, 73 FR 23356.
6.8-2-33.............  State Line Energy, LLC.       2/22/2008  4/30/2008, 73 FR 23356.
6.8-2-34.............  Huhtamaki Foodservice,        2/22/2008  4/30/2008, 73 FR 23356.
                        Inc.
6.8-2-35.............  Conopco, Inc. d/b/a           2/22/2008  4/30/2008, 73 FR 23356.
                        Unilever HPC USA.
6.8-2-36.............  Union Tank Car Company,       2/22/2008  4/30/2008, 73 FR 23356.
                        Plant 1.
6.8-2-37.............  United States Gypsum          2/22/2008  4/30/2008, 73 FR 23356.
                        Company.
6.8-2-38.............  U.S. Steel--Gary Works.       2/22/2008  4/30/2008, 73 FR 23356.
----------------------------------------------------------------------------------------------------------------
                                Rule 4. Lake County: Opacity Limits; Test Methods
----------------------------------------------------------------------------------------------------------------
6.8-4-1..............  Test methods...........       2/22/2008  4/30/2008, 73 FR 23356.
----------------------------------------------------------------------------------------------------------------
                                 Rule 8. Lake County: Continuous Compliance Plan
----------------------------------------------------------------------------------------------------------------
6.8-8-1..............  Applicability..........       2/22/2008  4/30/2008, 73 FR 23356.
6.8-8-2..............  Documentation;                 9/9/2005  3/22/2006, 71 FR 14383.
                        operation and
                        maintenance procedures.
6.8-8-3..............  Plan requirements......        9/9/2005  3/22/2006, 71 FR 14383.

[[Page 694]]

 
6.8-8-4..............  Plan; schedule for             9/9/2005  3/22/2006, 71 FR 14383.
                        complying with 326 IAC
                        6.8-7.
6.8-8-5..............  Plan; source categories        9/9/2005  3/22/2006, 71 FR 14383.
6.8-8-6..............  Plan; particulate              9/9/2005  3/22/2006, 71 FR 14383.
                        matter control
                        equipment; operation
                        and maintenance.
6.8-8-7..............  Plan; particulate              9/9/2005  3/22/2006, 71 FR 14383.
                        matter control
                        equipment; recording;
                        operation; inspection.
6.8-8-8..............  Plan; department review        9/9/2005  3/22/2006, 71 FR 14383.
----------------------------------------------------------------------------------------------------------------
                          Rule 9. Lake County: PM10 Coke Battery Emission Requirements
----------------------------------------------------------------------------------------------------------------
6.8-9-1..............  Applicability..........        9/9/2005  3/22/2006, 71 FR 14383.
6.8-9-2..............  Definitions............        9/9/2005  3/22/2006, 71 FR 14383.
6.8-9-3..............  Emission limitations...       2/22/2008  4/30/2008, 73 FR 23356.
----------------------------------------------------------------------------------------------------------------
                                Rule 10. Lake County: Fugitive Particulate Matter
----------------------------------------------------------------------------------------------------------------
6.8-10-1.............  Applicability..........       2/22/2008  4/30/2008, 73 FR 23356.
6.8-10-2.............  Definitions............        9/9/2005  3/22/2006, 71 FR 14383.
6.8-10-3.............  Particulate matter             9/9/2005  3/22/2006, 71 FR 14383.
                        emission limitations.
6.8-10-4.............  Compliance                     9/9/2005  3/22/2006, 71 FR 14383.
                        requirements; control
                        plans.
----------------------------------------------------------------------------------------------------------------
                          Rule 11. Lake County: Particulate Matter Contingency Measures
----------------------------------------------------------------------------------------------------------------
6.8-11-1.............  Applicability..........        9/9/2005  3/22/2006, 71 FR 14383.
6.8-11-2.............  ``Ambient monitoring           9/9/2005  3/22/2006, 71 FR 14383.
                        data'' defined.
6.8-11-3.............  Exceedances............        9/9/2005  3/22/2006, 71 FR 14383.
6.8-11-4.............  Violation of 24-hour           9/9/2005  3/22/2006, 71 FR 14383.
                        standard.
6.8-11-5.............  Violation of annual            9/9/2005  3/22/2006, 71 FR 14383.
                        standard.
6.8-11-6.............  Reduction measures.....        9/9/2005  3/22/2006, 71 FR 14383.
----------------------------------------------------------------------------------------------------------------
                                         Article 7. Sulfur Dioxide Rules
----------------------------------------------------------------------------------------------------------------
                                  Rule 1.1. Sulfur Dioxide Emission Limitations
----------------------------------------------------------------------------------------------------------------
7-1.1-1..............  Applicability..........       6/24/2005  9/26/2005, 70 FR 56129.
7-1.1-2..............  Sulfur dioxide emission       6/24/2005  9/26/2005, 70 FR 56129.
                        limitations.
----------------------------------------------------------------------------------------------------------------
                                               Rule 2. Compliance
----------------------------------------------------------------------------------------------------------------
7-2-1................  Reporting requirements;       6/24/2005  9/26/2005, 70 FR 56129.
                        methods to determine
                        compliance.
----------------------------------------------------------------------------------------------------------------
                                           Rule 3. Ambient Monitoring
----------------------------------------------------------------------------------------------------------------
7-3-2................  Ambient monitoring.....  ..............  5/13/1982, 47 FR 20583.
----------------------------------------------------------------------------------------------------------------
                             Rule 4. Emission Limitations and Requirements by County
----------------------------------------------------------------------------------------------------------------
7-4-2................  Marion County sulfur          3/11/1999  8/2/2000, 65 FR 47336..
                        dioxide emission
                        limitations.
7-4-3................  Vigo County sulfur            9/30/2004  2/28/2005, 70 FR 9533..
                        dioxide emission
                        limitations.
7-4-4................  Wayne County sulfur           4/10/1988  9/1/1988, 53 FR 33808..
                        dioxide emission
                        limitations.
7-4-5................  LaPorte County sulfur         4/10/1988  9/1/1988, 53 FR 33808..
                        dioxide emission
                        limitations.
7-4-6................  Jefferson County sulfur       4/10/1988  9/1/1988, 53 FR 33808..
                        dioxide emission
                        limitations.
7-4-7................  Sullivan County sulfur        4/10/1988  9/1/1988, 53 FR 33808..
                        dioxide emission
                        limitations.
7-4-8................  Vermillion County             4/10/1988  1/19/1989, 54 FR 2112..
                        sulfur dioxide
                        emission limitations.
7-4-9................  Floyd County sulfur           4/10/1988  9/1/1988, 53 FR 33808..
                        dioxide emission
                        limitations.
7-4-10...............  Warrick County sulfur         8/30/2008  11/10/2009, 74 FR
                        dioxide emission                         57904..
                        limitations.
7-4-11...............  Morgan County sulfur          5/13/1988  12/16/1988, 53 FR
                        dioxide emission                         50521..
                        limitations.

[[Page 695]]

 
7-4-12.1.............  Gibson County sulfur          12/5/1990  9/19/1994, 59 FR 47804.
                        dioxide emission
                        limitations.
7-4-13...............  Dearborn County sulfur        3/16/2005  2/28/2006, 71 FR 9936..
                        dioxide emission
                        limitations.
7-4-14...............  Porter County sulfur         10/23/1988  1/19/1989, 54 FR 2112..
                        dioxide emission
                        limitations.
----------------------------------------------------------------------------------------------------------------
                            Rule 4.1. Lake County Sulfur Dioxide Emission Limitations
----------------------------------------------------------------------------------------------------------------
7-4.1-1..............  Lake County sulfur            6/24/2005  9/26/2005, 70 FR 56129.
                        dioxide emission
                        limitations.
7-4.1-2..............  Sampling and analysis         6/24/2005  9/26/2005, 70 FR 56129.
                        protocol.
7-4.1-3..............  BP Products North             6/24/2005  9/26/2005, 70 FR 56129.
                        America Inc. sulfur
                        dioxide emission
                        limitations.
7-4.1-4..............  Bucko Construction            6/24/2005  9/26/2005, 70 FR 56129.
                        sulfur dioxide
                        emission limitations.
7-4.1-5..............  Cargill, Inc. sulfur         11/19/2010  4/14/2011, 76 FR 20846.
                        dioxide emission
                        limitations.
7-4.1-6..............  Carmeuse Lime sulfur          6/24/2005  9/26/2005, 70 FR 56129.
                        dioxide emission
                        limitations.
7-4.1-7..............  Cokenergy Inc. sulfur         6/24/2005  9/26/2005, 70 FR 56129.
                        dioxide emission
                        limitations.
7-4.1-8..............  Indiana Harbor Coke           6/24/2005  9/26/2005, 70 FR 56129.
                        Company sulfur dioxide
                        emission limitations.
7-4.1-9..............  Ironside Energy, LLC          6/24/2005  9/26/2005, 70 FR 56129.
                        sulfur dioxide
                        emission limitations.
7-4.1-10.............  ISG Indiana Harbor Inc.       6/24/2005  9/26/2005, 70 FR 56129.
                        sulfur dioxide
                        emission limitations.
7-4.1-11.............  Ispat Inland Inc.             6/24/2005  9/26/2005, 70 FR 56129.
                        sulfur dioxide
                        emission limitations.
7-4.1-12.............  Methodist Hospital            6/24/2005  9/26/2005, 70 FR 56129.
                        sulfur dioxide
                        emission limitations.
7-4.1-13.............  National Recovery             6/24/2005  9/26/2005, 70 FR 56129.
                        Systems sulfur dioxide
                        emission limitations.
7-4.1-14.............  NIPSCO Dean H. Mitchell       6/24/2005  9/26/2005, 70 FR 56129.
                        Generating Station
                        sulfur dioxide
                        emission limitations.
7-4.1-15.............  Rhodia sulfur dioxide         6/24/2005  9/26/2005, 70 FR 56129.
                        emission limitations.
7-4.1-16.............  Safety-Kleen Oil              6/24/2005  9/26/2005, 70 FR 56129.
                        Recovery Company
                        sulfur dioxide
                        emission limitations.
7-4.1-17.............  SCA Tissue North              6/24/2005  9/26/2005, 70 FR 56129.
                        America LLC sulfur
                        dioxide emission
                        limitations.
7-4.1-18.............  State Line Energy, LLC        6/24/2005  9/26/2005, 70 FR 56129.
                        sulfur dioxide
                        emission limitations.
7-4.1-19.............  Unilever HPC USA sulfur       6/24/2005  9/26/2005, 70 FR 56129.
                        dioxide emission
                        limitations.
7-4.1-20.............  U.S. Steel--Gary Works        6/24/2005  9/26/2005, 70 FR 56129.
                        sulfur dioxide
                        emission limitations.
7-4.1-21.............  Walsh and Kelly sulfur        6/24/2005  9/26/2005, 70 FR 56129.
                        dioxide emission
                        limitations.
----------------------------------------------------------------------------------------------------------------
                                   Article 8. Volatile Organic Compound Rules
----------------------------------------------------------------------------------------------------------------
                                           Rule 1. General Provisions:
----------------------------------------------------------------------------------------------------------------
    8-1-0.5..........  Definitions............      10/18/1995  11/3/1999, 64 FR 59642.
    8-1-1............  Applicability..........        6/5/1991  3/6/1992, 57 FR 8082.
    8-1-2............  Compliance methods.....      12/15/2002  5/5/2003, 68 FR 23604.
    8-1-3............  Compliance schedules...       5/15/2010  4/14/2011, 76 FR 20850.
    8-1-4............  Testing procedures.....       7/15/2001  9/11/2002, 67 FR 57515.
    8-1-5............  Petition for site-           11/10/1988  9/6/1990, 55 FR 36635.
                        specific reasonably
                        available control
                        technology (RACT) plan.
    8-1-6............  New facilities; general       6/24/2006  6/13/2007, 72 FR 32531.
                        reduction requirements.
    8-1-7............  Military specifications  ..............  10/27/1982, 47 FR
                                                                 20586.
    8-1-9............  General recordkeeping         5/22/1997  6/29/1998, 63 FR 35141.
                        and reporting
                        requirements.

[[Page 696]]

 
    8-1-10...........  Compliance                    5/22/1997  6/29/1998, 63 FR 35141.
                        certification,
                        recordkeeping, and
                        reporting requirements
                        for certain coating
                        facilities using
                        compliant coatings.
    8-1-11...........  Compliance                    5/22/1997  6/29/1998, 63 FR 35141.
                        certification,
                        recordkeeping, and
                        reporting requirements
                        for certain coating
                        facilities using daily-
                        weighted averaging.
    8-1-12...........  Compliance                    5/22/1997  6/29/1998, 63 FR 35141.
                        certification,
                        recordkeeping, and
                        reporting requirements
                        for certain coating
                        facilities using
                        control devices.
----------------------------------------------------------------------------------------------------------------
                                  Rule 2. Surface Coating Emission Limitations:
----------------------------------------------------------------------------------------------------------------
    8-2-1............  Applicability..........      11/19/2010  10/13/11, 76 FR 63549.
    8-2-2............  Automobile and light           1/2/2010  2/24/2010, 75 FR 8246.
                        duty truck coating
                        operations.
    8-2-3............  Can coating operations.  ..............  2/10/1986, 51 FR 4912.
    8-2-4............  Coil coating operations  ..............  10/27/1982, 47 FR
                                                                 20586.
    8-2-5............  Paper coating                 12/3/2009  2/24/2010, 75 FR 8246.
                        operations.
    8-2-6............  Metal furniture coating       12/3/2009  2/24/2010, 75 FR 8246.
                        operations.
    8-2-7............  Large appliance coating       12/3/2009  2/24/2010, 75 FR 8246.
                        operations.
    8-2-8............  Magnet wire coating      ..............  10/27/1982, 47 FR
                        operations                               20586.
    8-2-9............  Miscellaneous metal and      11/19/2010  10/13/11, 76 FR 63549.
                        plastic parts coating
                        operations.
    8-2-10...........  Flat wood panels;             12/3/2009  2/24/2010, 75 FR 8246.
                        manufacturing
                        operations.
    8-2-11...........  Fabric and vinyl             10/23/1988  3/6/1992, 57 FR 8082.
                        coating.
    8-2-12...........  Wood furniture and            4/10/1988  11/24/1990, 55 FR
                        cabinet coating.                         39141.
----------------------------------------------------------------------------------------------------------------
                                 Rule 3. Organic Solvent Degreasing Operations:
----------------------------------------------------------------------------------------------------------------
    8-3-1............  Applicability..........       5/27/1999  9/14/2001, 66 FR 47887.
    8-3-2............  Cold cleaner operation.  ..............  10/27/1982, 47 FR
                                                                 47554.
    8-3-3............  Open top vapor           ..............  10/27/1982, 47 FR
                        degreaser operation.                     47554.
    8-3-4............  Conveyorized degreaser   ..............  10/27/1982, 47 FR
                        operation.                               47554.
    8-3-5............  Cold cleaner degreaser   ..............  3/6/1992, 57 FR 8082.
                        operation and control.
    8-3-6............  Open top vapor           ..............  3/6/1992, 57 FR 8082.
                        degreaser operation
                        and control
                        requirements.
    8-3-7............  Conveyorized degreaser         6/5/1991  3/6/1992, 57 FR 8082.
                        operation and control.
    8-3-8............  Material requirements         5/27/1999  9/14/2001, 66 FR 47887.
                        for cold cleaning
                        degreasers.
----------------------------------------------------------------------------------------------------------------
                                           Rule 4. Petroleum Sources:
----------------------------------------------------------------------------------------------------------------
    8-4-1............  Applicability..........       5/15/2010  4/14/2011, 76 FR 20850.
    8-4-2............  Petroleum refineries...  ..............  1/18/1983, 48 FR 2127.
    8-4-3............  Petroleum liquid         ..............  2/10/1986, 51 FR 4912.
                        storage facilities.
    8-4-4............  Bulk gasoline terminals  ..............  1/18/1983, 48 FR 2127.
    8-4-5............  Bulk gasoline plants...  ..............  1/18/1983, 48 FR 2127.
    8-4-6............  Gasoline dispensing           5/15/2010  4/14/2011, 76 FR 20850.
                        facilities.
    8-4-7............  Gasoline transports....       11/5/1999  5/31/2002, 67 FR 38006.
    8-4-8............  Leaks from petroleum           6/5/1991  3/6/1992, 57 FR 8082.
                        refineries;
                        monitoring; reports.
    8-4-9............  Leaks from transports         11/5/1999  5/31/2002, 67 FR 38006.
                        and vapor collection
                        systems; records.
----------------------------------------------------------------------------------------------------------------
                                        Rule 5. Miscellaneous Operations:
----------------------------------------------------------------------------------------------------------------
    8-5-1............  Applicability of rule..       3/22/2007  2/20/2008, 73 FR 9201.
    8-5-2............  Asphalt paving rules...  ..............  2/10/1986, 51 FR 4912.

[[Page 697]]

 
    8-5-3............  Synthesized                   5/18/1990  3/6/1992, 57 FR 8082.
                        pharmaceutical
                        manufacturing
                        operations.
    8-5-4............  Pneumatic rubber tire    ..............  1/18/1983, 48 FR 2124.
                        manufacturing.
    8-5-5............  Graphic arts operations       5/22/1997  6/29/1998, 63 FR 35141.
    8-5-6............  Fuel grade ethanol            3/22/2007  2/20/2008, 73 FR 9201.
                        production at dry
                        mills.
----------------------------------------------------------------------------------------------------------------
                                  Rule 6. Organic Solvent Emission Limitations:
----------------------------------------------------------------------------------------------------------------
    8-6-1............  Applicability of rule..  ..............  1/18/1983, 48 FR 2124.
    8-6-2............  Emission limits;         ..............  1/18/1983, 48 FR 2124.
                        exemptions.
----------------------------------------------------------------------------------------------------------------
            Rule 7. Specific VOC Reduction Requirements for Lake, Porter, Clark, and Floyd Counties:
----------------------------------------------------------------------------------------------------------------
    8-7-1............  Definitions............       1/21/1995  7/5/1995, 60 FR 34856.
    8-7-2............  Applicability..........       1/21/1995  7/5/1995, 60 FR 34856.
    8-7-3............  Emission limits........       1/21/1995  7/5/1995, 60 FR 34856.
    8-7-4............  Compliance methods.....       1/21/1995  7/5/1995, 60 FR 34856.
    8-7-5............  Compliance plan........       1/21/1995  7/5/1995, 60 FR 34856.
    8-7-6............  Certification,                1/21/1995  7/5/1995, 60 FR 34856.
                        recordkeeping, and
                        reporting requirements
                        for coating facilities.
    8-7-7............  Test methods and              1/21/1995  7/5/1995, 60 FR 34856.
                        procedures.
    8-7-8............  General recordkeeping         1/21/1995  7/5/1995, 60 FR 34856.
                        and reports.
    8-7-9............  Control system                1/21/1995  7/5/1995, 60 FR 34856.
                        operation,
                        maintenance, and
                        testing.
    8-7-10...........  Control system                1/21/1995  7/5/1995, 60 FR 34856.
                        monitoring,
                        recordkeeping, and
                        reporting.
----------------------------------------------------------------------------------------------------------------
           Rule 8. Municipal Solid Waste Landfills Located in Clark, Floyd, Lake, and Porter Counties:
----------------------------------------------------------------------------------------------------------------
    8-8-1............  Applicability..........       1/18/1996  1/17/1997, 62 FR 2591.
    8-8-2............  Definitions............       1/18/1996  1/17/1997, 62 FR 2591.
    8-8-3............  Requirements;                 1/18/1996  1/17/1997, 62 FR 2591.
                        incorporation by
                        reference of federal
                        standards.
    8-8-4............  Compliance deadlines...       1/18/1996  1/17/1997, 62 FR 2591.
    8-8-8.1..........  Municipal Solid Waste         1/18/1996  1/17/1997, 62 FR 2591.
                        Landfills Not Located
                        in Clark, Floyd, Lake,
                        and Porter Counties.
    8-8.1-1..........  Applicability..........       1/18/1996  1/17/1997, 62 FR 2591.
    8-8.1-2..........  Definitions............       1/18/1996  1/17/1997, 62 FR 2591.
    8-8.1-3..........  Requirements;                 1/18/1996  1/17/1997, 62 FR 2591.
                        incorporation by
                        reference of federal
                        standards.
    8-8.1-4..........  Compliance deadlines...       1/18/1996  1/17/1997, 62 FR 2591.
    8-8.1-5..........  Alternative                   1/18/1996  1/17/1997, 62 FR 2591.
                        requirements.
----------------------------------------------------------------------------------------------------------------
                                Rule 9. Volatile Organic Liquid Storage Vessels:
----------------------------------------------------------------------------------------------------------------
    8-9-1............  Applicability..........       1/18/1996  1/17/1997, 62 FR 2593.
    8-9-2............  Exemptions.............       1/18/1996  1/17/1997, 62 FR 2593.
    8-9-3............  Definitions............       1/18/1996  1/17/1997, 62 FR 2593.
    8-9-4............  Standards..............       1/18/1996  1/17/1997, 62 FR 2593.
    8-9-5............  Testing and procedures.       1/18/1996  1/17/1997, 62 FR 2593.
    8-9-6............  Recordkeeping and             1/18/1996  1/17/1997, 62 FR 2593.
                        reporting requirements.
----------------------------------------------------------------------------------------------------------------
                                        Rule 10. Automobile Refinishing:
----------------------------------------------------------------------------------------------------------------
    8-10-1...........  Applicability..........       8/13/1998  12/20/1999, 64 FR
                                                                 71031.
    8-10-2...........  Definitions............       11/2/1995  6/13/1996, 61 FR 29965.
    8-10-3...........  Requirements...........       5/23/1999  12/20/1999, 64 FR
                                                                 71031.
    8-10-4...........  Means to limit volatile       11/2/1995  6/13/1996, 61 FR 29965.
                        organic compound
                        emissions.
    8-10-5...........  Work practice standards       8/13/1998  12/20/1999, 64 FR
                                                                 71031.
    8-10-6...........  Compliance procedures..       8/13/1998  12/20/1999, 64 FR
                                                                 71031.
    8-10-7...........  Test procedures........       11/2/1995  6/13/1996, 61 FR 29965.

[[Page 698]]

 
    8-10-8...........  Control system                11/2/1995  6/13/1996, 61 FR 29965.
                        operation,
                        maintenance, and
                        monitoring (Repealed).
    8-10-9...........  Recordkeeping and             8/13/1998  12/20/1999, 64 FR
                        reporting.                               71031.
----------------------------------------------------------------------------------------------------------------
                                        Rule 11. Wood Furniture Coating:
----------------------------------------------------------------------------------------------------------------
    8-11-1...........  Applicability..........        1/4/1996  10/30/1996, 61 FR
                                                                 55889.
    8-11-2...........  Definitions............        1/4/1996  10/30/1996, 61 FR
                                                                 55889.
    8-11-3...........  Emission limits........        1/4/1996  10/30/1996, 61 FR
                                                                 55889.
    8-11-4...........  Work practice standards        1/4/1996  10/30/1996, 61 FR
                                                                 55889.
    8-11-5...........  Continuous compliance          1/4/1996  10/30/1996, 61 FR
                        plan.                                    55889.
    8-11-6...........  Compliance procedures          1/4/1996  10/30/1996, 61 FR
                        and monitoring                           55889.
                        requirements.
    8-11-7...........  Test procedures........        1/4/1996  10/30/1996, 61 FR
                                                                 55889.
    8-11-8...........  Recordkeeping                  1/4/1996  10/30/1996, 61 FR
                        requirements.                            55889.
    8-11-9...........  Reporting requirements.        1/4/1996  10/30/1996, 61 FR
                                                                 55889.
    8-11-10..........  Provisions for sources         1/4/1996  10/30/1996, 61 FR
                        electing to use                          55889.
                        emissions averaging.
----------------------------------------------------------------------------------------------------------------
           Rule 12. Shipbuilding or Ship Repair Operations in Clark, Floyd, Lake, and Porter Counties:
----------------------------------------------------------------------------------------------------------------
    8-12-1...........  Applicability..........        5/1/1996  1/22/1997, 62 FR 3216.
    8-12-2...........  Exemptions.............       7/15/2001  4/1/2003, 68 FR 15664.
    8-12-3...........  Definitions............        5/1/1996  1/22/1997, 62 FR 3216.
    8-12-4...........  Volatile organic              7/15/2001  4/1/2003, 68 FR 15664.
                        compound emissions
                        limiting requirements.
    8-12-5...........  Compliance requirements       7/15/2001  4/1/2003, 68 FR 15664.
    8-12-6...........  Test methods and              7/15/2001  4/1/2003, 68 FR 15664.
                        procedures.
    8-12-7...........  Recordkeeping,                7/15/2001  4/1/2003, 68 FR 15664.
                        notification, and
                        reporting requirements.
----------------------------------------------------------------------------------------------------------------
                                             Rule 13. Sinter Plants:
----------------------------------------------------------------------------------------------------------------
    8-13-1...........  Applicability..........       7/24/1998  7/5/2000, 65 FR 41350.
    8-13-2...........  Definitions............       7/24/1998  7/5/2000, 65 FR 41350.
    8-13-3...........  Emission limit.........       7/24/1998  7/5/2000, 65 FR 41350.
    8-13-4...........  Compliance requirements       7/24/1998  7/5/2000, 65 FR 41350.
    8-13-5...........  Test procedures........       7/24/1998  7/5/2000, 65 FR 41350.
    8-13-6...........  Control measure               7/24/1998  7/5/2000, 65 FR 41350.
                        operation,
                        maintenance, and
                        monitoring.
    8-13-7...........  Recordkeeping and             7/24/1998  7/5/2000, 65 FR 41350.
                        reporting.
    8-13-8...........  Continuous emissions          7/24/1998  7/5/2000, 65 FR 41350.
                        monitoring.
----------------------------------------------------------------------------------------------------------------
                                    Article 9. Carbon Monoxide Emission Rules
----------------------------------------------------------------------------------------------------------------
9-1..................  Carbon Monoxide              12/15/2002  11/30/2004, 69 FR
                        Emission Limits.                         69531.
----------------------------------------------------------------------------------------------------------------
                                        Article 10. Nitrogen Oxides Rules
----------------------------------------------------------------------------------------------------------------
10-1.................  Nitrogen Oxides Control       6/12/1996  6/3/1997, 62 FR 30253.
                        in Clark and Floyd
                        Counties.
10-3.................  Nitrogen Oxide               02/25/2007  11/29/2010, 75 FR 72956  Sec. 1.
                        Reduction Program for
                        Specific Source
                        Categories.
10-4.................  Nitrogen Oxides Budget       02/25/2007  11/29/2010, 75 FR 72956  Sec. 16.
                        Trading Program.
----------------------------------------------------------------------------------------------------------------
10-5.................  Nitrogen Oxide                2/26/2006  10/1/2007, 72 FR 55664.
                        Reduction Program for
                        Internal Combustion
                        Engines (ICE).

[[Page 699]]

 
10-6.................  Nitrogen Oxides               8/30/2008  11/10/2009, 74 FR 57904  Sec. 1.
                        Emissions Limitations
                        for Southern Indiana
                        Gas and Electric
                        Company.
----------------------------------------------------------------------------------------------------------------
                        Article 11. Emission Limitations for Specific Types of Operations
----------------------------------------------------------------------------------------------------------------
11-1.................  Existing Foundries.....       7/25/1968  5/31/1972, 37 FR 10863.
11-3.................  Coke Oven Batteries....       9/26/1980  12/1/1983, 48 FR 54615.  Sec. 1, 3, 5.
                                                     6/11/1993  6/15/1995, 60 FR 31412.  Sec. 2(a)-(f), 2(i), 4.
11-4.................  Fiberglass Insulation         9/26/1980  4/3/1984, 49 FR 13144..  Sec. 1, 2, 3, 4.
                        Manufacturing.
                                                     9/27/2002  12/9/2002, 67 FR 72844.  Sec. 5.
11-5.................  Fluoride Emission              2/6/1981  11/27/1981, 46 FR
                        Limitations for                          57892.
                        Existing Primary
                        Aluminum Plants.
----------------------------------------------------------------------------------------------------------------
                              Article 13. Motor Vehicle Emission and Fuel Standards
----------------------------------------------------------------------------------------------------------------
13-1.1...............  Motor Vehicle                 1/22/1999  9/27/2001, 66 FR 49297.
                        Inspection and
                        Maintenance
                        Requirements.
13-3.................  Control of Gasoline          12/15/2002  7/21/2003, 68 FR 42978.  Sec. 1.
                        Reid Vapor Pressure.
                                                      8/5/1995  2/9/1996, 61 FR 4895...  Sec. 2 to 7.
----------------------------------------------------------------------------------------------------------------
                           Article 14. Emission Standards for Hazardous Air Pollutants
----------------------------------------------------------------------------------------------------------------
14-1.................  General Provisions.....       5/13/1988  9/17/1992, 57 FR 42889.
14-8.................  Emission Standard for         5/13/1988  9/17/1992, 57 FR 42889.
                        Equipment Leaks
                        (Fugitive Emission
                        Sources).
14-9.................  Emission Limitations          5/13/1988  9/17/1992, 57 FR 42889.
                        for Benzene from
                        Furnace Coke Oven By-
                        Product Recovery
                        Plants.
----------------------------------------------------------------------------------------------------------------
                                             Article 15. Lead Rules
----------------------------------------------------------------------------------------------------------------
15-1.................  Lead Emission                 7/14/1989  8/17/1989, 54 FR 33894.  Sec. 1 and 4.
                        Limitations.
                                                     4/27/1994  5/3/1995, 60 FR 21717..  Sec. 2(a)(1)-(a)(6),
                                                                                          (a)(8)-(b).
                                                      2/5/1999  12/28/1999, 64 FR 72561  Sec. 2(a)(7)(A)-(G).
                                                    12/31/2000  1/15/2008, 73 FR 2428..  Sec. 2(c) and 3.
----------------------------------------------------------------------------------------------------------------
                                     Article 16. State Environmental Policy
----------------------------------------------------------------------------------------------------------------
16-3.................  General Conformity.....        7/6/1996  1/14/1998, 63 FR 2146..  Sec. 1.
----------------------------------------------------------------------------------------------------------------
                                         Article 19. Mobile Source Rules
----------------------------------------------------------------------------------------------------------------
19-3.................  Clean Fuel Fleet              1/18/1996  3/21/1996, 61 FR 11552.
                        Vehicles.
----------------------------------------------------------------------------------------------------------------
                                      Article 20. Hazardous Air Pollutants
----------------------------------------------------------------------------------------------------------------
20-10................  Bulk Gasoline                 11/4/1999  5/31/2002, 67 FR 38006.
                        Distribution
                        Facilities.
20-13................  Secondary Lead Smelters      12/31/2000  1/15/2008, 73 FR 2428..  Sec. 1(c), 2(a), and 6.
----------------------------------------------------------------------------------------------------------------
                  Article 24. Trading Programs: Nitrogen Oxides (NOX) and Sulfur Dioxide (SO2)
----------------------------------------------------------------------------------------------------------------
24-1.................  Clean Air Interstate         02/25/2007  11/29/2010, 75 FR 72956  Sec. 1, 3, 4, 5, 6, 10,
                        Rule Nitrogen Oxides                                              11.
                        Annual Trading Program.
                                                    06/11/2009  11/29/2010, 75 FR 72956  Sec. 2, 7, 8, 9, 12.
24-2.................  Clean Air Interstate         02/25/2007  11/29/2010, 75 FR 72956  Sec. 1, 3, 4, 5, 6, 9,
                        Rule (CAIR) Sulfur                                                10.
                        Dioxide Trading
                        Program.
                                                    06/11/2009  11/29/2010, 75 FR 72956  Sec. 2, 7, 8, 11.
24-3.................  Clean Air Interstate         02/25/2007  11/29/2010, 75 FR 72956  Sec. 3, 4, 5, 6, 10,
                        Rule (CAIR) NOX Ozone                                             11.
                        Season Trading Program.
                                                    06/11/2009  11/29/2010, 75 FR 72956  Sec. 1, 2, 7, 8, 9, 12.
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved State source-specific requirements.

                                 EPA-Approved Indiana Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
     CO date              Title               SIP rule            EPA approval               Explanation
----------------------------------------------------------------------------------------------------------------
10/1/1999.......  ALCOA-Warrick.......  5-1-2...............  7/5/2000, 65 FR       Alt. opacity limits
                                                               41352 (also see 64    (permit).
                                                               FR 40287).

[[Page 700]]

 
12/15/1999......  ALCOA-Warrick.......  5-1-2...............  7/5/2000, 65 FR       Alt. opacity limits
                                                               41352 (also see 64    (permit).
                                                               FR 40287).
10/12/1999......  Crane Naval.........  8-2-9...............  12/31/2002, 67 FR     Exemption.
                                                               79859.
2/11/2004.......  Eli Lilly...........  8-5-3...............  11/8/2004, 69 FR      Exemption.
                                                               64661.
12/22/2004......  Transwheel..........  8-3-5(a)(5)(C)......  4/12/2005, 70 FR      Equivalent control.
                                                               19000.
----------------------------------------------------------------------------------------------------------------

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

                       EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                             Indiana
                  Title                        date             EPA approval                 Explanation
----------------------------------------------------------------------------------------------------------------
Carbon Monoxide Control Strategy--Lake     ...........  1/19/2000, 65 FR 2883......  Paragraph (b).
 and Porter Co.
Carbon Monoxide Control Strategy--Lake       \1\ 1/12/  10/15/2009, 74 FR 52891....  Paragraph (c).
 and Marion Cos.                                  2009
Chicago Hydrocarbon Control Strategy.....  ...........  8/26/2004, 69 FR 52427.....  Paragraph (aa).
Chicago-Gary Hydrocarbon Control Strategy  ...........  12/30/2008, 73 FR 79652....  Paragraph (kk).
Control Strategy: Particulate Matter.....  ...........  11/27/2009, 74 FR 62243....  Paragraph (s).
Evansville Hydrocarbon Control Strategy..  ...........  12/29/2005, 70 FR 77026....  Paragraph (ee).
Fluoride Emission Limitations for          ...........  3/11/2003, 68 FR 11472.....  Removed from SIP, replaced
 Existing Primary Aluminum Plants.                                                    by NESHAP.
Fort Wayne Hydrocarbon Control Strategy..  ...........  1/11/2007, 72 FR 1292......  Paragraph (ff).
Greene and Jackson Counties Hydrocarbon    ...........  11/14/2005, 70 FR 69085....  Paragraph (bb).
 Control Strategy.
Indianapolis Hydrocarbon Control Strategy  ...........  10/19/2007, 72 FR 59210....  Paragraph (jj).
LaPorte Hydrocarbon Control Strategy.....  ...........  7/19/2007, 72 FR 39574.....  Paragraph (gg).
Lead Control Strategy--Marion County.....  ...........  5/10/2000, 65 FR 29959.....  Paragraph (d).
Lead Control Strategy--Marion County.....     \1\ 4/1/  9/24/2009, 74 FR 48659.....  Paragraph (e).
                                                  2009
Louisville Hydrocarbon Control Strategy..  ...........  9/20/2004, 69 FR 56171.....  Paragraph (z).
Louisville Hydrocarbon Control Strategy..  ...........  7/19/2007, 72 FR 39571.....  Paragraph (ii).
Muncie Hydrocarbon Control Strategy......  ...........  11/16/2005, 70 FR 69443....  Paragraph (cc).
Ozone Monitoring Season..................    2/19/1991  12/10/1991, 56 FR 64482.
PM10 Maintenance Plan for Lake County....    9/25/2002  1/10/2003, 68 FR 1370......  Paragraph (r), also
                                                                                      redesignation.
Particulate Control Strategy--Vermillion   ...........  8/26/1997, 62 FR 45168.....  Paragraph (q).
 County.
Section 110(a)(2) infrastructure            12/7/2007,  7/13/2011, 76 FR 41075.....  This action addresses the
 requirements for the 1997 8-Hour Ozone     9/19/2008,                                following CAA elements:
 NAAQS.                                     3/23/2011,                                110(a)(2)(A), (B), (C),
                                              and 4/7/                                (D)(ii), (E), (F), (G),
                                                  2011                                (H), (J), (K), (L), and
                                                                                      (M).
Section 110(a)(2) infrastructure            12/7/2007,  7/13/2011, 76 FR 41075.....  This action addresses the
 requirements for the 1997 PM2.5 NAAQS.     9/19/2008,                                following CAA elements:
                                            3/23/2011,                                110(a)(2)(A), (B), (C),
                                              and 4/7/                                (D)(ii), (E), (F), (G),
                                                  2011                                (H), (J), (K), (L), and
                                                                                      (M).
Small Business Compliance Assistance       ...........  9/2/1993, 58 FR 46541.
 Program.
South Bend-Elkhart Hydrocarbon Control     ...........  7/19/2007, 72 FR 39577.....  Paragraph (hh).
 Strategy.
Sulfur Dioxide Control Strategy--LaPorte,  ...........  11/15/1996, 61 FR 58482....  Paragraph (f) and (g).
 Marion, Vigo, and Wayne Counties.
Terre Haute Hydrocarbon Control Strategy.  ...........  1/5/2006, 71 FR 541........  Paragraph (dd).
----------------------------------------------------------------------------------------------------------------


[75 FR 58307, Sept. 24, 2010, as amended at 75 FR 72956, Nov. 29, 2010; 
76 FR 20848, 20852, Apr. 14, 2011; 76 FR 27905, May 13, 2011; 76 FR 
41084, July 13, 2011; 76 FR 40244, July 8, 2011; 76 FR 59901, Sept. 28, 
2011; 76 FR 63551, Oct. 13, 2011; 77 FR 12484, Mar. 1, 2012]

    Effective Date Notes: 1. At 77 FR 34221, June 11, 2012, Sec. 52.770 
was amended by adding a new entry at the end of the table in paragraph 
(c) for ``Article 26. Regional Haze'' and by adding a new entry in 
alphabetical order in the table in paragraph (e) for ``Regional Haze 
Plan'', effective July 11, 2012. For the convenience of the user, the 
added text is set forth as follows:



Sec. 52.770  Identification of plan.

                                * * * * *

    (c) * * *

[[Page 701]]



                                        EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
                                                       Indiana
       Indiana citation              Subject       effective date     EPA approval date            Notes
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            Article 26. Regional Haze
----------------------------------------------------------------------------------------------------------------
                         Rule 2. Best Available Retrofit Technology Emission Limitations
----------------------------------------------------------------------------------------------------------------
26-2-1........................  Applicability....       3/09/2011  6/11/2012, 77 FR 34218
26-2-2........................  Alcoa emission          3/09/2011  6/11/2012, 77 FR 34218  .....................
                                 limitations and
                                 compliance
                                 methods.
----------------------------------------------------------------------------------------------------------------

                                * * * * *

    (e) * * *

                                           EPA-Approved Indiana Nonregulatory and Quasi-Regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                 Title                         Indiana date                       EPA approval                                Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Regional Haze Plan....................  01/14/2011 and 03/10/2011  6/11/2012, 77 FR 34218....................
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    2. At 77 FR 38728, June 29, 2012, Sec. 52.770(c) was amended by 
adding a new entry in ``Article 8. Volatile Organic Compound Rules'' for 
``Rule 15. Standards for Consumer and Commercial Products'' in numerical 
order, effective Aug. 28, 2012. For the convenience of the user, the 
added text is set forth as follows:



Sec. 52.770  Identification of plan.

                                * * * * *

    (c) * * *

                                        EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
                                                   Indiana
    Indiana citation            Subject        effective date      EPA approval date              Notes
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Article 8. Volatile Organic Compound Rules
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule 15. Standards for Consumer and Commercial Products
----------------------------------------------------------------------------------------------------------------
8-15-1..................  Applicability......       12/1/2010  6/29/2012, 77 FR 38725..
8-15-2..................  Definitions........       12/1/2010  6/29/2012, 77 FR 38725..
8-15-3..................  Standards..........       12/1/2010  6/29/2012, 77 FR 38725..
8-15-4..................  Exemptions.........       12/1/2010  6/29/2012, 77 FR 38725..
8-15-5..................  Innovative products       12/1/2010  6/29/2012, 77 FR 38725..
                           exemption.
8-15-6..................  Alternative control       12/1/2010  6/29/2012, 77 FR 38725..
                           plan.
8-15-7..................  Administrative            12/1/2010  6/29/2012, 77 FR 38725..
                           requirements.
8-15-8..................  Record keeping and        12/1/2010  6/29/2012, 77 FR 38725..
                           reporting
                           requirements.
8-15-9..................  Test methods.......       12/1/2010  6/29/2012, 77 FR 38725..
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 702]]



Sec. 52.771  Classification of regions.

    (a) The Indiana plan was evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
East Central Indiana Intrastate......................          II         II       III       III           III
Evansville (Indiana)-Owensboro-Henderson (Kentucky)             I         II       III       III           III
 Interstate..........................................
Louisville Interstate................................           I          I       III       III             I
Metropolitan Chicago Interstate (Indiana-Illinois)...           I          I         I         I             I
Metropolitan Cincinnati Interstate...................           I         II       III       III             I
Metropolitan Indianapolis Intrastate.................           I          I         I         I             I
Northeast Indiana Intrastate.........................          II        III       III       III           III
South Bend-Elkhart (Indiana)-Benton Harbor (Michigan)           I         IA       III       III           III
 Interstate..........................................
Southern Indiana Intrastate..........................          IA         IA       III       III           III
Wabash Valley Intrastate.............................           I          I       III       III           III
----------------------------------------------------------------------------------------------------------------

    (b) The requirements of Sec. 51.150 of this chapter are not met by 
the classification of counties in APC-22 for the purposes of attainment 
and maintenance of the total suspended particulate ambient air quality 
standards.
    (c) The requirements of Sec. 51.150 of this chapter are not met by 
the classification of counties in APC-22 for the purposes of attainment 
and maintenance of the photochemical oxidant (hydrocarbon) ambient air 
quality standards.
    (d) The requirements of Sec. 51.150 of this chapter are not met by 
the classification of Jefferson, LaPorte, Porter, Vigo and Warrick 
Counties in Indiana in Regulation APC-22 for the purposes of attainment 
and maintenance of the sulfur dioxide ambient air quality standards.

[37 FR 10863, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 40 
FR 50033, Oct. 28, 1975; 41 FR 35677, Aug. 24, 1976; 42 FR 34519, July 
6, 1977; 51 FR 40675, Nov. 7, 1986]



Sec. 52.772  [Reserved]



Sec. 52.773  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Indiana's plan for attainment and maintenance of the National 
Ambient Air Quality Standards under section 110 of the Clean Air Act.
    (b) [Reserved]
    (c) The Administrator finds that Indiana's new source review 
strategy satisfies all requirements of Part D, Title 1 of the Clean Air 
Act as amended in 1977.
    (d)-(e) [Reserved]
    (f) The Administrator finds ozone strategies for Clark, Elkhart, 
Floyd, Lake, Marion, Porter, and St. Joseph Counties satisfy all 
requirements of Part D, Title I of the Clean Air Act that are required 
to be submitted by January 1, 1981, except as noted below.
    (g) The administrator finds that the total suspended particulate 
strategies for Clark, Dearborn, Dubois, St. Joseph, Vanderburgh, and 
Vigo Counties satisfy all the requirements of Part D, Title I of the 
Clean Air Act except as noted below.
    (h) The Administrator finds that the SO2 strategies for 
Lake, LaPorte, Marion, Vigo, and Wayne Counties satisfy all requirements 
of Part D, Title 1 of the Clean Air Act, as amended in 1977. See Sec. 
52.770 (c)(67) and (c)(72).
    (i) The Administrator finds that Indiana's ozone plan for Lake and 
Porter Counties, which was required to be submitted by July 1, 1992, 
does not satisfy all the requirements of part D, title 1 of the Clean 
Air Act and, thus, is disapproved. See Sec. Sec. 52.770(c)(69)and 
52.770(d). The disapproval does not affect USEPA's approval (or 
conditional approval) of individual parts of Indiana's ozone plan and 
they remain approved.
    (j) The Administrator finds that the following portions of Indiana's 
ozone and CO plans satisfy the related requirements of part D, title 1 
of the Clean Air Act, as amended in 1977:
    (1) The transportation control plans for Lake, Porter, Clark and 
Floyd

[[Page 703]]

Counties, submitted on May 14, 1986, June 10, 1986, and April 6, 1987.
    (2) The vehicle inspection and maintenance plan for Clark, Floyd, 
Lake, and Porter Counties, submitted October 27, 1989, and January l9, 
1990.
    (3) The demonstration of attainment, submitted December 2, 1983, and 
the carbon monoxide plan as a whole for the designated nonattainment 
area in Lake County.

[37 FR 10864, May 31, 1972, as amended at 46 FR 38, Jan. 2, 1981; 47 FR 
6275, Feb. 11, 1982; 47 FR 6623, Feb. 16, 1982; 47 FR 10825, Mar. 12, 
1982; 47 FR 20586, May 13, 1982; 47 FR 30980, July 16, 1982; 51 FR 4915, 
Feb. 10, 1986; 53 FR 33811, Sept. 1, 1988; 53 FR 46613, Nov. 18, 1988; 
54 FR 2118, Jan. 19, 1989; 55 FR 31052, July 31, 1990; 59 FR 51114, Oct. 
7, 1994; 75 FR 82554, Dec. 30, 2010; 76 FR 59901, Sept. 28, 2011]



Sec. 52.774  Determination of attainment.

    (a) Based upon EPA's review of the air quality data for the 3-year 
period 2007-2009, EPA determined that the Louisville, Kentucky-Indiana 
PM2.5 nonattainment Area attained the 1997 annual 
PM2.5 NAAQS by the applicable attainment date of April 5, 
2010. Therefore, EPA has met the requirement pursuant to CAA section 
179(c) to determine, based on the Area's air quality as of the 
attainment date, whether the Area attained the standard. EPA also 
determined that the Louisville PM2.5 nonattainment Area is 
not subject to the consequences of failing to attain pursuant to section 
179(d).
    (b) Based upon EPA's review of the air quality data for the 3-year 
period 2007-2009, EPA determined that the Cincinnati-Hamilton, Ohio, 
Kentucky, and Indiana PM2.5 nonattainment Area attained the 
1997 annual PM2.5 NAAQS by the applicable attainment date of 
April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA 
section 179(c) to determine, based on the Area's air quality as of the 
attainment date, whether the Area attained the standard. EPA also 
determined that the Cincinnati-Hamilton, Ohio, Kentucky, and Indiana 
PM2.5 nonattainment Area is not subject to the consequences 
of failing to attain pursuant to section 179(d).

[76 FR 55545, Sept. 7, 2011, as amended at 76 FR 60375, Sept. 29, 2011]



Sec. 52.775  Legal authority.

    (a) The requirements of Sec. 51.232(b) of this chapter are not met 
since the following deficiencies exist in the local agency legal 
authority:
    (1) East Chicago: (i) Authority to require recordkeeping is 
inadequate (Sec. 51.230(e) of this chapter).
    (ii) Authority to require installation of monitoring devices is 
inadequate (Sec. 51.230(f) of this chapter).
    (2) Evansville: (i) Authority to prevent construction, modification, 
or operation of any stationary source at any location where emissions 
from such source will prevent the attainment or maintenance of a 
national standard is inadequate (Sec. 51.230(d) of this chapter).
    (ii) Authority to require recordkeeping is inadequate (Sec. 
51.230(e) of this chapter).
    (iii) Authority to require installation of monitoring devices is 
inadequate (Sec. 51.230(f) of this chapter).
    (3) Gary: (i) Authority to require recordkeeping is inadequate 
(Sec. 51.230(e) of this chapter).
    (ii) Authority to require installation of monitoring devices is 
inadequate (Sec. 51.230(f) of this chapter).
    (4) Hammond: (i) Authority to require recordkeeping is inadequate 
(Sec. 51.230(e) of this chapter).
    (ii) Authority to require installation of monitoring devices is 
inadequate (Sec. 51.230(f) of this chapter).
    (5) Indianapolis: (i) Authority to require recordkeeping is 
inadequate (Sec. 51.230(e) of this chapter).
    (ii) Authority to require installation of monitoring devices is 
inadequate (Sec. 51.230(f) of this chapter).
    (6) Michigan City: (i) Authority to require recordkeeping is 
inadequate (Sec. 51.230(e) of this chapter).
    (ii) Authority to require installation of monitoring devices is 
inadequate (Sec. 51.230(f) of this chapter).
    (7) Wayne County: (i) Authority to require recordkeeping and to make 
inspections and conduct tests of air pollution sources is inadequate 
(Sec. 51.230(e) of this chapter).
    (ii) Authority to require installation of monitoring devices is 
inadequate (Sec. 51.230(f) of this chapter).
    (iii) Authority to prevent construction, modification, or operation 
of any stationary source at any location

[[Page 704]]

where emissions from such source will prevent the attainment or 
maintenance of a national standard is inadequate (Sec. 51.230(d) of 
this chapter).
    (8) Lake County: (i) Authority to require installation of monitoring 
devices is inadequate (Sec. 51.230(f) of this chapter).
    (ii) Authority to prevent construction, modification, or operation 
of any stationary source at any location where emissions from such 
source will prevent the attainment or maintenance of a national standard 
is inadequate (Sec. 51.230(d) of this chapter).
    (9) St. Joseph County: (i) Authority to prevent construction, 
modification, or operation of any stationary source at any location 
where emissions from such source will prevent the attainment or 
maintenance of a national standard is inadequate (Sec. 51.230(d) of 
this chapter).
    (ii) Authority to require recordkeeping is inadequate (Sec. 
51.230(e) of this chapter).
    (iii) Authority to require installation of monitoring devices is 
inadequate (Sec. 51.230(f) of this chapter).
    (10) Vigo County: (i) Authority to require recordkeeping is 
inadequate (Sec. 51.230(e) of this chapter).
    (ii) Authority to require installation of monitoring devices is 
inadequate (Sec. 51.230(f) of this chapter).
    (iii) Authority to prevent construction, modification, or operation 
of any stationary source at any location where emissions from such 
source will prevent the attainment or maintenance of a national standard 
is inadequate (Sec. 51.230(d) of this chapter).
    (11) Anderson County: (i) Authority to require installation of 
monitoring devices is inadequate (Sec. 51.230(f) of this chapter).

[37 FR 10863, May 31, 1972, as amended at 40 FR 55329, Nov. 28, 1975; 51 
FR 40676, Nov. 7, 1986; 52 FR 24367, June 30, 1987]



Sec. 52.776  Control strategy: Particulate matter.

    (a) The requirements of subpart G of this chapter are not met since 
the plan does not provide for attainment and maintenance of the 
secondary standards for particulate matter in the Metropolitan 
Indianapolis Intrastate Region.
    (b) APC 4-R of Indiana's ``Air Pollution Control Regulations'' 
(emission limitation for particulate matter from fuel combustion 
sources), which is part of the control strategy for the secondary 
standards for particulate matter, is disapproved for the Metropolitan 
Indianapolis Intrastate Region since it does not provide the degree of 
control needed to attain and maintain the secondary standards for 
particulate matter. APC 4-R is approved for attainment and maintenance 
of the primary standards for particulate matter in the Metropolitan 
Indianapolis Intrastate Region.
    (c) APC-3 of Indiana's Air Pollution Control Regulations (visible 
emission limitation) is disapproved insofar as the phrase ``for more 
than a cumulative total of 15 minutes in a 24-hour period'' will 
interfere with attainment and maintenance of particulate standards.
    (d) [Reserved]
    (e) Part D--Conditional Approval--The complete Indiana plan for 
Clark, Dearborn, Dubois, Marion (except for coke batteries), St. Joseph, 
Vanderburgh, and Vigo Counties is approved provided that the following 
condition is satisfied:
    (1) The Part D Plan must contain Industrial Fugitive Dust 
Regulations. The State must submit these by July 31, 1982.
    (f) 325 IAC 11-3-2(f), (as amended on August 27, 1981) is not 
approved as it applies to Lake and Marion Counties, insofar as it does 
not meet the requirements of section 172(b)(3) of the Clean Air Act.
    (g) 325 IAC 11-3-2(g) and 11-3-2(h) (as amended on August 27, 1981) 
are disapproved insofar as they do not meet the requirements of section 
110(a)(2)(D) of the Clean Air Act.
    (h) Equivalent Visible Emission Limits (EVEL). (1) A 20% 2-hour 
opacity limit for the underfire stack at Bethlehem Steel Corporation's 
Coke Battery No. 2 in Porter County is approved as an EVEL to determine 
compliance with the 325 IAC 6-2 SIP limit of 0.33 lbs/MMBTU. This EVEL 
is approved for as long as the SIP mass emission limit for this source 
remains the same as determined by 325 IAC 6-2 (October 6,

[[Page 705]]

1980, submittal). See Sec. 52.770(c)(6), (35), and (42).
    (2) Revised opacity limits for the boilers at Olin Corporation in 
Warren County are approved at Sec. 52.770(c)(51) as an EVEL to 
determine compliance with the 325 IAC 6-2 SIP limit of 0.80 lbs/MMBTU. 
This EVEL is approved for as long as the SIP mass emission limit for 
this source remains the same as determined by 325 IAC 6-2 (October 6, 
1980 submittal). See Sec. 52.770(c)(6) and (35).
    (i) 325 IAC 6-2.1 is approved with the State's March 27, 1985, 
commitment that any ``bubble'' approved by the State under 325 IAC 6-
2.1-2(b) and 3(b) will also be subject to the State's general ``bubble'' 
regulation, 325 IAC 2-4. The State additionally committed that until 
such time as 325 IAC 2-4 is approved as a part of the SIP, all such 
limits approved under the bubbling provisions of 325 IAC 6-2.1-2(b) and 
3(b) will be submitted as site specific revisions to the SIP. Unless and 
until these emission point specific limits are approved as a portion of 
the SIP, the SIP limit for each individual emission point will remain 
the general limit calculated by means of the formulae in 325 IAC 6-2.1-
2(a) and 3(a), even though a revised emission point specific limit has 
been adopted by Indiana under 325 IAC 6-2.1-2(b) and 3(b). See 
52.770(c)(50).
    (j) [Reserved]
    (k) On January 18, 1984, Indiana submitted a visible emission limit 
on coke oven battery doors and a limit on total dissolved solids content 
of coke quench makeup water for Battery Number One at Citizens Gas and 
Coke Utility in Marion County. These limits are disapproved because they 
are impermissible relaxations of requirements for each new major 
stationary sources, as provided at Sec. 52.21(j)(2) and section 173 of 
the Clean Air Act. See Sec. 52.770(c)(60).
    (l) The revised Porter County TSP plan, as submitted by Indiana on 
October 15, 1984, is disapproved, because the State did not demonstrate 
that it assures the attainment and maintenance of the primary TSP NAAQS 
in Porter County, Indiana. See Sec. 52.770(c)(61).
    (m) The Indiana Part D TSP plan is disapproved insofar as it does 
not contain RACT level opacity limits for certain process fugitive 
sources in TSP nonattainment areas and, therefore, does not meet the 
requirements of section 172 of the Clean Air Act.
    (n) Approval--On June 23, 1988, and July 17, 1989, the State of 
Indiana submitted committal SIPs for particulate matter with an 
aerodynamic diameter equal to or less than 10 micrometers 
(PM10) for the Group II areas within Marion and Vigo Counties 
and all of Porter County, respectively. The committal SIPs meet all the 
requirements identified in the July 1, 1987, promulgation of the SIP 
requirements for PM10 at 52 FR 24681.
    (o) Approval--On November 16, 1988 and September 10, 1992, Indiana 
submitted the following list of control measures for particulate matter 
(PM) already in its State Implementation Plan as a Group III Plan: 326 
IAC 1-3-2, its air monitoring network, its list of possible additional 
sites for PM, its Prevention of Significant Deterioration rules and the 
following control measures which are part of 325 IAC: 2, Permit Review 
Rules; 5-1, Opacity Limitations; 6-1-1 to 6-1-6, Nonattainment Area 
Limitations; 6-1-8, Dearborn County; 6-1-9, Dubois County; 6-1-12, 
Marion County; 6-1-13, Vigo County; 6-1-14, Wayne County; 6-1-15, Howard 
County; 6-1-16, Vandenburgh County; 6-1-17, Clark County; 6-1-18, St. 
Joseph County; 6-2, Particulate Emissions Limitations for Sources of 
Indirect Heating; 6-3, Process Operations; 6-4, Fugitive Dust Emissions; 
11-1, Existing Foundries; 11-4, Fiberglass Insulation Manufacturing; 11-
5, Fluoride Emission Limitations for Existing Primary Aluminum Plants.
    (p) Approval--On January 13, 1993, the State of Indiana submitted a 
particulate matter State Implementation Plan revision for the Vermillion 
County nonattainment area. Additional information was submitted on 
February 22, 1993, and April 8, 1993. These materials demonstrate that 
the plan will provide for attainment of the National ambient air quality 
standards for particulate matter by December 31, 1994, in accordance 
with section 189(a)(1)(B) of the Clean Air Act.
    (q) Approval--On April 8, 1993, and supplemented on June 17, 1997, 
the State of Indiana submitted a maintenance plan and a request that 
sections

[[Page 706]]

15, 16, 21, 22, 27, 28, 33 and 34 of Clinton Township in Vermillion 
County be redesignated to attainment of the National Ambient Air Quality 
Standard for particulate matter. The redesignation request and 
maintenance plan satisfy all applicable requirements of the Clean Air 
Act.
    (r) Approval--EPA is approving the PM10 maintenance plan 
for Lake County that Indiana submitted on September 25, 2002.
    (s) Determination of Attainment. EPA has determined, as of November 
27, 2009, that the Chicago-Gary-Lake County, IL-IN PM2.5 
nonattainment area, which includes Lake and Porter counties in IN, and 
the Evansville nonattainment area have attained the 1997 
PM2.5 NAAQS. These determinations, in accordance with 40 CFR 
51.1004(c), suspend the requirements for these areas to submit an 
attainment demonstration, associated reasonably available control 
measures, reasonable further progress, contingency measures, and other 
plan elements related to attainment of the standard for as long as the 
area(s) continue to meet the 1997 PM2.5 NAAQS.
    (t) Determination of Attainment. EPA has determined, as of March 9, 
2011, that the Louisville, IN-KY PM2.5 nonattainment area has 
attained the 1997 PM2.5 NAAQS. These determinations, in 
accordance with 40 CFR 51.1004(c), suspend the requirements for this 
area to submit an attainment demonstration, associated reasonably 
available control measures, reasonable further progress, contingency 
measures, and other plan elements related to attainment of the standards 
for as long as the area continues to meet the 1997 PM2.5 
NAAQS.
    (u) Disapproval. EPA is disapproving the portions of Indiana's 
Infrastructure SIP for the 2006 24-hour PM2.5 NAAQS 
addressing interstate transport, specifically with respect to section 
110(a)(2)(D)(i)(I).
    (v) Approval--The 1997 annual PM2.5 maintenance plans for 
the following areas have been approved:
    (1) The Evansville area (Dubois, Vanderburgh, and Warrick Counties, 
and portions of Gibson, Pike, and Spencer Counties), as submitted on 
April 8, 2011. The maintenance plan establishes 2015 motor vehicle 
emission budgets for the Evansville area of 2628.35 tons per year for 
NOX and 57.05 tons per year for PM2.5, and 2022 
motor vehicle emission budgets of 1869.84 tons per year for 
NOX and 53.83 tons per year for PM2.5.
    (2) [Reserved]
    (3) The Indiana portion of the Cincinnati-Hamilton nonattainment 
area (Lawrenceburg Township in Dearborn County), as submitted on 
December 9, 2010. The maintenance plan establishes 2015 motor vehicle 
emissions budgets for the Ohio and Indiana portions of the Cincinnati-
Hamilton area of 1,678.60 tpy for primary PM2.5 and 35,723.83 
tpy for NOX and 2021 motor vehicle emissions budgets of 
1,241.19 tpy for primary PM2.5 and 21,747.71 tpy for 
NOX.
    (4) The Chicago-Gary-Lake County, IL-IN nonattainment area (Lake and 
Porter Counties), as submitted on April 3, 2008, and supplemented on 
March 6, 2009. The maintenance plan establishes 2025 motor vehicle 
emissions budgets for Lake and Porter Counties of 2,915.19 tons per year 
for NOX and 132.70 tons per year for primary 
PM2.5.
    (w) Approval--The 1997 annual PM2.5 comprehensive 
emissions inventories for the following areas have been approved:
    (1) Indiana's 2005 NOX, directly emitted 
PM2.5, and SO2 emissions inventory satisfies the 
emission inventory requirements of section 172(c)(3) for the Evansville 
area.
    (2) [Reserved]
    (3) Indiana's 2005 NOx, directly emitted PM2.5, and 
SO2 emissions inventory satisfies the emission inventory 
requirements of section 172(c)(3) of the Clean Air Act for the 
Cincinnati-Hamilton area.
    (4) Indiana's 2005 NOX, primary PM2.5, and 
SO2 emissions inventory satisfies the emission inventory 
requirements of section 172(c)(3) of the Clean Air Act for Lake and 
Porter Counties.
    (x) Determination of Attainment. EPA has determined, as of September 
29, 2011, that based upon 2007-2009 air quality data, the Cincinnati-
Hamilton, Ohio, Kentucky, and Indiana, nonattainment Area has attained 
the 1997 annual PM2.5 NAAQS. This determination, in 
accordance with 40 CFR 52.1004(c), suspends the requirements for this 
Area to submit an attainment

[[Page 707]]

demonstration, 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 this 
Area continues to meet the 1997 annual PM2.5 NAAQS.

[37 FR 15084, July 27, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.776, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.777  Control strategy: photochemical oxidants (hydrocarbons).

    (a) The requirements of subpart G of this chapter are not met 
because the plan does not provide for attainment and maintenance of the 
national standards for photochemical oxidants (hydrocarbons) in the 
Metropolitan Indianapolis Intrastate Region by May 31, 1975.
    (b) The requirements of subpart G are not met by Revised APC-15 
(November 8, 1974 submission) because it does not provide for attainment 
and maintenance of the photochemical oxidant (hydrocarbon) standards 
throughout Indiana.
    (c) Part D--Conditional approval--The 1979 Indiana plan for Clark, 
Floyd, Elkhart, Lake, Marion, Porter, and St. Joseph Counties is 
approved provided the following conditions are satisfied:
    (1) The plan for stationary source volatile organic compound control 
must contain the following:
    (i)-(iv) [Reserved]
    (v) For regulation 325 IAC 8-5, Section 6, Perchloroethylene Dry 
Cleaning, the State must conduct a study to demonstrate that the 1,500 
gallons exemption meets RACT requirements and submit the results to EPA 
within 6 months of the effective date of final rulemaking on 325 IAC 8 
for VOC from Group II CTG source categories. If the demonstrated 
emissions resulting from the State's exemption are not essentially 
equivalent to those resulting from the RACT requirements, then the State 
must submit to EPA by July 1, 1983, a rule which requires control of 
emissions from dry cleaning sources using less than 1,500 gallons of 
perchloroethylene per year.
    (2) The stationary source volatile organic control measures 
submitted by the State on October 23, 1990, and August 19, 1991, are 
approved as described in 40 CFR 52.770(c)(87) with the exception of 326 
IAC 8-5-4 Pneumatic Rubber Tire Manufacturing, on which USEPA has taken 
no action. It should be noted that although the State's control measures 
provide that equivalent test methods, alternative emission controls, and 
revisions in rule applicability must be submitted to the USEPA as 
proposed revisions to the State Implementation Plan (SIP), such proposed 
SIP revisions are not part of the SIP unless and until they are approved 
as such by the USEPA.
    (d) Part D--Disapproval. The 1982 Indiana plan for Lake and Porter 
County is disapproved because it does not assure the attainment and 
maintenance of the NAAQS there. See Sec. Sec. 52.770(c)(69) and 
52.773(i). The disapproval does not affect USEPA's approval (or 
conditional approval) of individual parts of Indiana's ozone plan and 
they remain approved.
    (e) Approval--The Administrator approves the incorporation of the 
photochemical assessment ambient monitoring system submitted by Indiana 
on November 15, 1993, into the Indiana State Implementation Plan. This 
submittal satisfies 40 CFR 58.20(f), which requires the State to provide 
for the establishment and maintenance of photochemical assessment 
monitoring stations (PAMS) by November 12, 1993.
    (f) Approval. The Indiana Department of Environmental Management 
submitted two ozone redesignation requests and maintenance plans 
requesting the ozone nonattainment areas to be redesignated to 
attainment for ozone: South Bend/Elkhart (St. Joseph and Elkhart 
Counties), submitted on September 22, 1993; Indianapolis (Marion 
County), submitted on November 12, 1993. The redesignation requests and 
maintenance plans meet the redesignation requirements in section 
107(d)(3)(d) of the Act as amended in 1990. The redesignations meet the 
Federal requirements of section 182(a)(1) of the Clean Air Act as a 
revision to the Indiana Ozone State Implementation Plan for the above 
mentioned counties.

[[Page 708]]

    (g) The base year ozone precursor emission inventory requirement of 
section 182(a)(1) of the Clean Air Act, as amended in 1990, has been 
satisfied for the following areas: Vanderburgh County in the Evansville 
Metropolitan Area; Marion County in the Indianapolis Metropolitan Area; 
and St. Joseph and Elkhart Counties in the South Bend Metropolitan Area.
    (h) On November 17, 1993, Indiana submitted two of three elements 
required by section 182(d)(1)(A) of the Clean Air Amendments of 1990 to 
be incorporated as part of the vehicle miles traveled (VMT) State 
Implementation Plan intended to offset any growth in emissions from a 
growth in vehicle miles traveled. These elements are the offsetting of 
growth in emissions attributable to growth in VMT which was due November 
15, 1992, and, any transportation control measures (TCMs) required as 
part of Indiana's 15 percent reasonable further progress (RFP) plan 
which was due November 15, 1993. Indiana satisfied the first requirement 
by projecting emissions from mobile sources and demonstrating that no 
increase in emissions would take place. Indiana satisfied the second 
requirement by determining that no TCMs were required as part of 
Indiana's 15 percent RFP plan.
    (i) Approval--EPA is approving the section 182(f) oxides of nitrogen 
(NOX) reasonably available control technology (RACT), new 
source review (NSR), vehicle inspection/maintenance (I/M), and general 
conformity exemptions for the Indiana portion of the Chicago-Gary-Lake 
County severe ozone nonattainment area as requested by the States of 
Illinois, Indiana, Michigan, and Wisconsin in a July 13, 1994 submittal. 
This approval does not cover the exemption of NOX 
transportation conformity requirements of section 176(c) for this area. 
Approval of these exemptions is contingent on the results of the final 
ozone attainment demonstration expected to be submitted in mid-1997. The 
approval will be modified if the final attainment demonstration 
demonstrates that NOX emission controls are needed in the 
nonattainment area to attain the ozone standard in the Lake Michigan 
Ozone Study modeling domain.
    (j) The base year ozone precursor emission inventory requirement of 
section 182(a)(1) of the Clean Air Act, as amended in 1990, has been 
satisfied for Lake and Porter Counties, Indiana.
    (k) On June 26, 1995, and June 13, 1997, Indiana submitted a 15 
percent rate-of-progress plan for the Lake and Porter Counties portion 
of the Chicago-Gary-Lake County ozone nonattainment area. This plan 
satisfies the counties' requirements under section 182(b)(1) of the 
Clean Air Act, as amended in 1990.
    (l) [Reserved]
    (m) On July 12, 1995, Indiana submitted a 15 percent rate-of-
progress plan for the Clark and Floyd Counties portion of the Louisville 
ozone nonattainment area. This plan satisfies Clark and Floyd Counties' 
requirements under section 182(b) of the Clean Air Act, as amended in 
1990.
    (n) On July 12, 1995, Indiana submitted corrections to the 1990 base 
year emissions inventory for Clark and Floyd Counties. The July 12, 
1995, corrections are recognized revisions to Indiana's emissions 
inventory.
    (o) On July 12, 1995, Indiana submitted as a revision to the Indiana 
State Implementation Plan a ridesharing transportation control measure 
which affects commuters in Clark and Floyd Counties.
    (p) On August 26, 1996, Indiana submitted a rule for the purpose of 
meeting oxides of nitrogen (NOX) reasonably available control 
technology (RACT) requirements under section 182(f) of the Clean Air Act 
(Act) for the Clark and Floyd Counties moderate ozone nonattainment 
area. The rule's NOX control requirements meets RACT for 
major sources of portland cement kilns, electric utility boilers, and 
industrial, commercial, or institutional boilers. In addition, on April 
30, 1997, Indiana certified to the satisfaction of the United States 
Environmental Protection Agency that, to the best of the State's 
knowledge, there are no remaining major sources of NOX in 
Clark and Floyd Counties which need RACT rules. Indiana, therefore, has 
satisfied the NOX RACT requirements under section 182(f) of 
the Act for the Clark and Floyd Counties ozone nonattainment area.

[[Page 709]]

    (q) Approval--On February 5, 1997, Indiana submitted a 
transportation control measure under section 108(f)(1)(A) of the Clean 
Air Amendments of 1990 for Vanderburgh County, Indiana to aid in 
reducing emissions of precursors of ozone. The transportation control 
measure being approved as a revision to the ozone state implementation 
plan is the conversion of at least 40 vehicles from gasoline as a fuel 
to compressed natural gas.
    (r) Indiana's November 15, 1996, request for a 1-year attainment 
date extension for the Indiana portion of the Louisville moderate ozone 
nonattainment area which consists of Clark and Floyd Counties is 
approved. The date for attaining the ozone standard in these counties is 
November 15, 1997.
    (s) Approval--On November 4, 1993, the State of Indiana submitted a 
maintenance plan and a request that Vanderburgh County be redesignated 
to attainment of the 1-hour National Ambient Air Quality Standard for 
ozone. The redesignation request and maintenance plan meet the 
redesignation requirements in section 107(d)(3)(E) of the Clean Air Act 
as amended in 1990. The redesignation meets the Federal requirements of 
section 182(a)(1) of the Clean Air Act as a revision to the Indiana 
ozone State Implementation Plan.
    (t) Approval--On May 24, 1996, the Indiana Department of 
Environmental Management submitted a revision to the ozone State 
Implementation Plan for Lake and Porter Counties. The submittal 
pertained to a plan for the implementation of the Federal transportation 
conformity requirements 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.
    (u) On December 17, 1997, and January 22, 1998, Indiana submitted 
the Post-1996 rate-of-progress plan for the Lake and Porter Counties 
portion of the Chicago-Gary-Lake County ozone nonattainment area. This 
plan satisfies the counties' requirements under section 182(c)(2)(B) of 
the Clean Air Act, as amended in 1990. The plan contains a 1999 mobile 
source vehicle emission budget for volatile organic compounds of 40,897 
pounds per average summer day.
    (v) Negative declarations--Aerospace coating operations, industrial 
clean up solvents, industrial wastewater processes, offset lithography 
operations, business plastics, automotive plastics, and synthetic 
organic chemical manufacturing industries (SOCMI) batch processes, 
reactors and distillation units categories. On November 8, 1999, the 
State of Indiana certified to the satisfaction of the Environmental 
Protection Agency that no major sources categorized as part of the nine 
categories listed above and have a potential to emit 100 tons or more of 
volatile organic compounds annually are located in Clark or Floyd 
Counties in southeast Indiana, adjacent to Louisville, Kentucky.
    (w) Negative declarations--Aerospace coating operations, industrial 
clean up solvents, industrial wastewater processes, offset lithography 
operations, business plastics, automotive plastics, and synthetic 
organic chemical manufacturing industries (SOCMI) batch processes, 
reactors and distillation units categories. On November 8, 1999, and 
January 10, 2000, the State of Indiana certified to the satisfaction of 
the Environmental Protection Agency that no major sources categorized as 
part of the nine categories listed above and have a potential to emit 25 
tons or more of volatile organic compounds annually are located in Lake 
or Porter Counties in northwest Indiana.
    (x) The request submitted by Indiana on April 11, 2001 and 
supplemented on August 24, 2001, to redesignate the Indiana portion of 
the Louisville moderate interstate ozone nonattainment area from 
nonattainment to attainment was approved on October 23, 2001. The motor 
vehicle emissions budgets for VOC and NOX in the Indiana 
portion of the Louisville moderate interstate maintenance plan are 
adequate for conformity purposes and approvable as part of the 
maintenance plan. The 1-hour ozone standard maintenance plan motor 
vehicle emission budgets for the entire interstate Louisville area for 
the purposes of transportation conformity are now 48.17 tons per summer 
day of

[[Page 710]]

VOC and 92.93 tons per summer day of NOX for the year 2012.
    (y) Lake and Porter Counties Attainment Demonstration Approval--On 
December 21, 2000, Indiana submitted a 1-hour ozone attainment 
demonstration plan as a requested revision to the Indiana State 
Implementation Plan. This approval includes: A modeled demonstration of 
attainment, a plan to reduce ozone precursor emissions by 3 percent per 
year from 2000 to 2007, and associated conformity budgets for 2002 and 
2005, a revision to the NOX waiver, a contingency measures 
plan for both the ozone attainment demonstration and the post-1999 ROP 
plan, the conformity budgets for the 2007 attainment year, until such 
time that revised budgets are submitted and found adequate for 
conformity purposes as called for by the state in its commitment to 
recalculate and apply a revised budget for conformity within two years 
of the formal release of MOBILE6, the RACM analysis, the commitment to 
conduct a mid-course review of the attainment status of the Lake 
Michigan area, and an agreed order between U.S. Steel (currently USX 
Corporation) and the IDEM signed by IDEM on March 22, 1996, which 
requires U.S. Steel to establish a coke plant process water treatment 
plant at its Gary Works. Today's action finalizes approval of Indiana's 
1-hour ozone attainment demonstration SIP revision.
    (z) EPA is approving a revision to the Indiana SIP submitted by 
Indiana on June 26, 2003. The revision is for transportation conformity 
budgets for the Clark and Floyd portion of the Louisville area. The 
revised 2012 motor vehicle emission budgets (MVEBs) for the total 
Louisville area are 47.28 tons per day (tpd) for volatile organic 
compounds (VOC) and 111.13 tpd for oxides of nitrogen.
    (aa) Approval--On August 6, 2004, Indiana submitted a revision to 
the 1-hour ozone attainment plan for Lake and Porter Counties. The 
revision consists of new motor vehicle emission estimates and new 
MOBILE6 based motor vehicle emissions budgets. The motor vehicle 
emissions budget for volatile organic compounds (VOCs) for Lake and 
Porter Counties, Indiana for the 2005 interim Rate of Progress year is 
now 15.18 tons per summer day (tpd). The 2007 motor vehicle emissions 
budgets for the Lake and Porter Counties, Indiana are now 12.37 tpd VOC 
and 63.33 tpd oxides of nitrogen.
    (bb) Approval--On July 15, 2005, Indiana submitted requests to 
redesignate Greene and Jackson Counties to attainment of the 8-hour 
ozone National Ambient Air Quality Standard. These requests were 
supplemented with submittals dated September 6, 2005, September 7, 2005, 
October 6, 2005, and October 20, 2005. As part of the 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 a subsequent 
maintenance plan revision in 8 years as required by the Clean Air Act. 
Also included were motor vehicle emission budgets for use to determine 
transportation conformity in Greene and Jackson Counties. The 2015 motor 
vehicle emission budgets for Greene County are 1.46 tpd for VOC and 1.54 
tpd for NOX. The 2015 motor vehicle emission budgets for 
Jackson County are 1.65 tpd for VOC and 3.18 tpd for NOX.
    (cc) Approval--On August 25, 2005, Indiana submitted a request to 
redesignate Delaware County to attainment of the 8-hour ozone National 
Ambient Air Quality Standard. This request was supplemented with a 
submittal dated October 20, 2005. As part of the redesignation request, 
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 a subsequent maintenance 
plan revision in 8 years as required by the Clean Air Act. Also included 
were motor vehicle emission budgets for use to determine transportation 
conformity in Delaware County. The 2015 motor vehicle emission budgets 
for Delaware County are 3.50 tons per day for VOC and 4.82 tons per day 
for NOX.
    (dd) Approval--On July 5, 2005, Indiana submitted a request to 
redesignate Vigo County to attainment of the 8-hour ozone National 
Ambient Air Quality Standard. This request was supplemented with 
submittals dated October

[[Page 711]]

20, 2005 and November 4, 2005. As part of the redesignation request, 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 a subsequent maintenance 
plan revision in 8 years as required by the Clean Air Act. Also included 
were motor vehicle emission budgets for use to determine transportation 
conformity in Vigo County. The 2015 motor vehicle emission budgets are 
2.84 tons per day for VOC and 3.67 tons per day for NOX.
    (ee) Approval--On June 2, 2005, Indiana submitted a request to 
redesignate Vanderburgh and Warrick Counties to attainment of the 8-hour 
ozone National Ambient Air Quality Standard. This request was 
supplemented with a submittal dated October 20, 2005. As part of the 
redesignation request, 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 a subsequent maintenance plan revision in 8 years as required by 
the Clean Air Act. Also included were motor vehicle emission budgets for 
use to determine transportation conformity in Vanderburgh and Warrick 
Counties. The 2015 motor vehicle emission budgets are 4.20 tons per day 
for VOC and 5.40 tons per day for NOX for both counties 
combined.
    (ff) Approval--On May 30, 2006, Indiana submitted a request to 
redesignate Allen County to attainment of the 8-hour ozone National 
Ambient Air Quality Standard. As part of the redesignation request, 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 a subsequent maintenance 
plan revision in eight years as required by the Clean Air Act. Also 
included were motor vehicle emission budgets to determine transportation 
conformity in Allen County. The 2020 motor vehicle emission budgets are 
6.5 tons per day for VOC and 7.0 tons per day for NOX.
    (gg) Approval--On May 30, 2006, Indiana submitted a request to 
redesignate LaPorte County to attainment of the 8-hour ozone National 
Ambient Air Quality Standard. As part of the redesignation request, 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 a subsequent maintenance 
plan revision in eight years as required by the Clean Air Act. The 
maintenance plan establishes 2020 motor vehicle emission budgets for 
LaPorte County of 3.40 tons per day for volatile organic compounds (VOC) 
and 6.50 tons per day for oxides of nitrogen (NOX).
    (hh) Approval--On May 30, 2006, Indiana submitted a request to 
redesignate St. Joseph and Elkhart Counties to attainment of the 8-hour 
ozone National Ambient Air Quality Standard. As part of the 
redesignation request, 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 a subsequent maintenance plan revision in eight years as required 
by the Clean Air Act. Also included were motor vehicle emission budgets 
to determine transportation conformity in St. Joseph and Elkhart 
Counties. The 2020 motor vehicle emission budgets are 6.64 tons per day 
for volatile organic compounds and 7.73 tons per day for oxides of 
nitrogen.
    (ii) Approval--On November 15, 2006, Indiana submitted a request to 
redesignate the Indiana portion of the Louisville 8-hour ozone 
nonattainment area (Clark and Floyd Counties) to attainment of the 8-
hour ozone National Ambient Air Quality Standard. As part of the 
redesignation request, 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 a subsequent maintenance plan revision in eight years as required 
by the Clean Air Act. Also included were motor vehicle emission budgets 
to determine transportation conformity for the entire Louisville area. 
The 2003 and 2020 motor vehicle emission budgets are 40.97 tons per day 
for VOC and 95.51

[[Page 712]]

tons per day for NOX, and 22.92 tons per day for VOC and 
29.46 tons per day for NOX, respectively.
    (jj) Approval--On March 26, 2007, Indiana submitted a request to 
redesignate Boone, Hamilton, Hancock, Hendricks, Johnson, Madison, 
Marion, Morgan, and Shelby Counties (the Central Indiana Area) 
(Indianapolis ozone nonattainment area) to attainment of the 8-hour 
ozone National Ambient Air Quality 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 2006 motor vehicle emission budgets for the Central Indiana 
Area of 54.32 tons per day for volatile organic compounds (VOC) and 
106.19 tons per day for nitrogen oxides (NOX) and 2020 motor 
vehicle emission budgets for the Central Indiana Area of 29.52 tons per 
day for VOC and 35.69 tons per day for NOX.
    (kk) Approval--On October 25, 2007, the Indiana Department of 
Environmental Management (IDEM) requested that EPA find that the Indiana 
portion of the Chicago-Gary-Lake County, IL-IN nonattainment area, has 
attained the revoked 1-hour ozone NAAQS. After review of this 
submission, EPA approves this finding.
    (ll) Lake/Porter Co 8-hr Ozone NOX Waiver--On June 5, 
2009, the Indiana Department of Environmental Management (IDEM) 
requested that EPA grant a waiver from the Clean Air Act requirement for 
Nitrogen Oxides (NOX) Reasonably Available Control Technology 
(RACT) in Lake and Porter Counties. After review of this submission, EPA 
approves and grants this NOX RACT waiver to Lake and Porter 
Counties.
    (mm) Lake/Porter Co 8-hr Ozone Finding of Attainment--On June 5, 
2009, the Indiana Department of Environmental Management (IDEM) 
requested that EPA find that the Indiana portion of the Chicago-Gary-
Lake County, Illinois-Indiana (IL-IN) ozone nonattainment area has 
attained the 1997 8-hour ozone National Ambient Air Quality Standard 
(NAAQS). After review of this submission and 2006-2008 ozone air quality 
data for this ozone nonattainment area, EPA finds that Lake and Porter 
Counties and the entire Chicago-Gary-Lake County, IL-IN area have 
attained the 1997 8-hour ozone NAAQS.
    (nn) Approval--Indiana's 2002 inventory satisfies the base year 
emissions inventory requirements of section 172(c)(3) of the Clean Air 
Act for the Indiana portion of the Cincinnati-Hamilton, OH-KY-IN area 
under the 1997 8-hour ozone standard.
    (oo) Approval--On January 21, 2010, the Indiana Department of 
Environmental Management submitted a request to redesignate the Indiana 
portion of the Cincinnati-Hamilton, OH-KY-IN area to attainment of the 
8-hour ozone NAAQS. As part of the redesignation request, 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 a subsequent maintenance 
plan revision in 8 years as required by the Clean Air Act. The 2015 
motor vehicle emissions budgets for the Ohio and Indiana portions of the 
Cincinnati-Hamilton, OH-KY-IN area are 31.73 tpd for VOC and 49.00 tpd 
for NOX. The 2020 motor vehicle emissions budgets for the 
Ohio and Indiana portions of the area are 28.82 tpd for VOC and 34.39 
tpd for NOX.
    (pp) Approval--On June 5, 2009, the Indiana Department of 
Environmental Management submitted a request to redesignate Lake and 
Porter Counties to attainment of the 1997 8-hour ozone NAAQS. As part of 
the redesignation request, the State submitted a maintenance plan as 
required by section 175A of the Clean Air Act. 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. The 2010 motor vehicle emissions budgets for Lake and 
Porter Counties are 10.5 tpd for VOC and 40.6 tpd for NOX. 
The 2020 motor vehicle emissions budgets for Lake and Porter Counties 
are 6.0 tpd for VOC and 12.6 tpd for NOX.
    (qq) Approval--Indiana's 2002 VOC and NOX emissions 
inventories satisfy the emission inventory requirements of section 
182(a)(1) of the Clean Air Act

[[Page 713]]

for Lake and Porter Counties under the 1997 8-hour ozone NAAQS.
    (rr) Approval--EPA is approving a request submitted by the State of 
Indiana on October 10, 2006, and supplemented on November 15, 2006, 
November 29, 2007, November 25, 2008, April 23, 2010 and November 19, 
2010, to discontinue the vehicle inspection and maintenance (I/M) 
program in Clark and Floyd Counties. The submittal also includes 
Indiana's demonstration that eliminating the I/M programs in Clark and 
Floyd Counties 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 Indiana'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 this area's maintenance plan.

[38 FR 16565, June 22, 1973]

    Editorial Note: For Federal Register citations affecting Sec. 
52.777, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Note: At 77 FR 37330, June 21, 2012, Sec. 52.777(jj) 
was amended by redesignating the existing paragraph as paragraph (jj)(1) 
and by adding new paragraph (jj)(2), effective July 23, 2012. For the 
convenience of the user, the added and revised text is set forth as 
follows:



Sec. 52.777  Control Strategy: photochemical oxidants (hydrocarbons).

                                * * * * *

    (jj) * * *
    (2) Approval--On April 16, 2012, Indiana submitted a request to 
revise the approved MOBILE6.2 motor vehicle emission budgets (budgets) 
in the 1997 8-hour ozone maintenance plan for the Central Indiana area. 
The budgets are being revised with budgets developed with the MOVES2010a 
model. The 2006 budgets for Central Indiana are 64.32 tons per day 
volatile organic compounds (VOCs) and 210.93 tons per day nitrogen 
oxides (NOX) and 2020 budgets are 25.47 tons per day VOCs and 
69.00 tons per day of NOX.

                                * * * * *



Sec. 52.778  Compliance schedules.

    (a) The requirements of Sec. 51.262(a) of this chapter are not met 
since the compliance schedules for sources of nitrogen oxides extend 
over a period of more than 18 months and periodic increments of progress 
are not included.
    (b)-(c) [Reserved]
    (d) The compliance schedule for the source identified below is 
disapproved as not meeting the requirements of subpart N of this 
chapter. All regulations cited are air pollution control regulations of 
the State, unless otherwise noted.

----------------------------------------------------------------------------------------------------------------
                Source                         Location           Regulation involved     Date schedule adopted
----------------------------------------------------------------------------------------------------------------
                                                   lake county
----------------------------------------------------------------------------------------------------------------
Commonwealth Edison Co. of Indiana,    Hammond................  APC 13.................  Jan. 18, 1973.
 Inc. (State Line Station).
----------------------------------------------------------------------------------------------------------------


[38 FR 12698 May 14, 1973, as amended at 39 FR 28158, Aug. 5, 1974; 51 
FR 40675, 40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 1989]



Sec. 52.779  [Reserved]



Sec. 52.780  Review of new sources and modifications.

    (a) The requirements of Sec. 51.160(a) of this chapter are not met 
in that the plan does not contain procedures to enable the State to 
determine whether construction or modification of coal burning equipment 
having a heat input of between 350,000 Btu per hour and 1,500,000 Btu 
per hour will result in violations of applicable portions of the control 
strategy and section 4(a)(2)(iii) of APC-19 is disapproved to the extent 
that it exempts coal burning equipment having a heat input of between 
350,000 Btu per hour and 1,500,000 Btu per hour from pre-construction/
modification review.
    (b)-(c) [Reserved]

[[Page 714]]

    (d) Limited regulation for the review of new sources and 
modifications. (1) This requirement is applicable to any coal burning 
equipment other than smokehouse generators, having a heat input of 
between 350,000 Btu per hour (88.2 Mg-cal/h) and 1,500,000 Btu per hour 
(378.0 MG cal/h), the construction of which was commenced after May 14, 
1973.
    (2) No owner or operator shall commence construction or modification 
of any coal burning equipment subject to this regulation without first 
obtaining approval from the Administrator of the location and design of 
such source.
    (i) Application for approval to construct or modify shall be made on 
forms furnished by the Administrator,
    (ii) A separate application is required for each source.
    (iii) Each application shall be signed by the applicant.
    (iv) Each application shall be accompanied by site information, 
plans, descriptions, specifications, and drawings showing the design of 
the source, the nature and amount of emissions, and the manner in which 
it will be operated and controlled.
    (v) Any additional information, plans, specifications, evidence, or 
documentation that the Administrator may require shall be furnished upon 
request.
    (3) No approval to construct or modify will be granted unless the 
applicant shows to the satisfaction of the Administrator that:
    (i) The source will operate without causing a violation of any 
local, State, or Federal regulation which is part of the applicable 
plan; and
    (ii) The source will not prevent or interfere with attainment or 
maintenance of any national standard.
    (4) (i) Within twenty (20) days after receipt of an application to 
construct, or any addition to such application, the Administrator shall 
advise the owner or operator of any deficiency in the information 
submitted in support of the application. In the event of such a 
deficiency, the date of receipt of the application for the purpose of 
paragraph (d)(4)(ii) of this section, shall be the date on which all 
required information is received by the Administrator.
    (ii) Within thirty (30) days after receipt of a complete 
application, the Administrator shall:
    (a) Make a preliminary determination whether the source should be 
approved, approved with conditions, or disapproved.
    (b) Make available in at least one location in each region in which 
the proposed source would be constructed, a copy of all materials 
submitted by the owner or operator, a copy of the Administrator's 
preliminary determination and a copy or summary of other materials, if 
any, considered by the Administrator in making his preliminary 
determination; and
    (c) Notify the public, by prominent advertisement in a newspaper of 
general circulation in each region in which the proposed source would be 
constructed, of the opportunity for written public comment on the 
information submitted by the owner or operator and the Administrator's 
preliminary determination on the approvability of the source.
    (iii) A copy of the notice required pursuant to this paragraph shall 
be sent to the applicant and to state and local air pollution control 
agencies, having cognizance over the location where the source will be 
situated.
    (iv) Public comments submitted in writing within thirty (30) days 
after the date such information is made available shall be considered by 
the Administrator in making his final decision on the application. No 
later than ten (10) days after the close of the public comment period, 
the applicant may submit a written response to any comment submitted by 
the public. The Administrator shall consider the applicant's response in 
making his final decision. All comments shall be made available for 
public inspection in at least one location in the region in which the 
source would be located.
    (v) The Administrator shall take final action on an application 
within thirty (30) days after the close of the public comment period. 
The Administrator shall notify the applicant in writing of his approval, 
conditional approval, or denial of the application, and

[[Page 715]]

shall set forth his reasons for conditional approval or denial. Such 
notification shall be made available for public inspection in at least 
one location in the region in which the source would be located.
    (vi) The Administrator may extend each of the time periods specified 
in paragraph (d)(4) (ii), (iv) or (v) of this section by no more than 30 
days, or such other period as agreed to by the applicant and the 
Administrator.
    (5) The Administrator may impose any reasonable conditions upon an 
approval, including conditions requiring the source to be provided with:
    (i) Sampling ports of a size, number, and location as the 
Administrator may require,
    (ii) Safe access to each port,
    (iii) Instrumentation to monitor and record emission data, and
    (iv) Any other sampling and testing facilities.
    (6) The Administrator may cancel an approval if the construction is 
not begun within 2 years from the date of issuance, or if during the 
construction, work is suspended for 1 year.
    (7) Any owner or operator subject to the provisions of this 
regulation shall furnish the Administrator written notification as 
follows:
    (i) A notification of the anticipated date of initial startup of a 
source not more than 60 days or less than 30 days prior to such date.
    (ii) A notification of the actual date of initial startup of a 
source within 15 days after such date.
    (8) Within 60 days after achieving the maximum production rate at 
which the source will be operated but not later than 180 days after 
initial startup of such source, the owner or operator of such source 
shall conduct a performance test(s) in accordance with methods and under 
operating conditions approved by the Administrator and furnish the 
Administrator a written report of the results of such performance test.
    (i) Such test shall be at the expense of the owner or operator.
    (ii) The Administrator may monitor such test and may also conduct 
performance tests.
    (iii) The owner or operator of a source shall provide the 
Administrator 15 days prior notice of the performance test to afford the 
Administrator the opportunity to have an observer present.
    (iv) The Administrator may waive the requirement of performance 
tests if the owner or operator of a source has demonstrated by other 
means to the Administrator's satisfaction that the source is being 
operated in compliance with all local, State, and Federal regulations 
which are part of the applicable plan.
    (9) [Reserved]
    (10) Approval to construct or modify shall not relieve any owner or 
operator of the responsibility to comply with all local, State, and 
Federal regulations which are part of the applicable plan.
    (11) Any owner or operator who constructs, modifies, or operates a 
stationary source not in accordance with the application, as approved 
and conditioned by the Administrator, or any owner or operator of a 
stationary source subject to this paragraph who commences construction 
or modification without applying for and receiving approval hereunder, 
shall be subject to enforcement action under section 113 of the Act.
    (e) The requirements of subpart I of this chapter are not met 
because the State failed to submit a plan for review of new or modified 
indirect sources.
    (f) Regulation for review of new or modified indirect sources. The 
provisions of Sec. 52.22(b) are hereby incorporated by reference and 
made a part of the applicable implementation of the plan for the State 
of Indiana.
    (g) Delegation of authority. (1) The Administrator shall have the 
authority to delegate responsibility for implementing the procedures for 
conducting source review pursuant to this section in accordance with 
paragraphs (f) (2), (3), and (4) of this section.
    (2) Where the Administrator delegates the responsibility for 
implementing the procedures for conducting source review pursuant to 
this section to any Agency, other than a Regional Office of the 
Environmental Protection Agency, a copy of the notice pursuant to 
paragraph (d)(4)(iii) of this section shall be sent to the Administrator 
through the appropriate Regional Office.

[[Page 716]]

    (3) In accordance with Executive Order 11752, the Administrator's 
authority for implementing the procedures for conducting source review 
pursuant to this section shall not be delegated, other than to a 
Regional Office of the Environmental Protection Agency, for new or 
modified sources which are owned or operated by the Federal Government 
or for new or modified sources located on Federal lands; except that, 
with respect to the latter category, where new or modified sources are 
constructed or operated on Federal lands pursuant to leasing or other 
Federal agreements, the Federal Land Manager may at his discretion, to 
the extent permissible under applicable statutes and regulations, 
require the lessee or permittee to be subject to new source review 
requirements which have been delegated to a State or local agency 
pursuant to this paragraph.
    (4) The Administrator's authority for implementing the procedures 
for conducting source review pursuant to this section shall not be 
redelegated, other than to a Regional Office of the Environmental 
Protection Agency, for new or modified sources which are located in 
Indian reservations except where the State has assumed jurisdiction over 
such land under other laws, in which case the Administrator may delegate 
his authority to the States in accordance with paragraphs (g) (2), (3), 
and (4) of this section.
    (h) On March 7, 1994, Indiana requested a revision to the State 
Implementation Plan (SIP) for New Source Review (NSR) to satisfy the 
requirements of the Clean Air Act Amendments of 1990. The Indiana 326 
IAC regulations do not include a definition of ``federally 
enforceable''. On July 13, 1994, Pamela Carter, Attorney General of the 
State of Indiana, sent a letter to USEPA clarifying Indiana's 
interpretation of the definition of federally enforceable. The letter 
states that federally enforceable, e.g. as used in 326 IAC 2-3-1, should 
be interpreted in accordance with the federal definition at 40 CFR 
51.165(a)(1)(xiv). The USEPA took the opportunity of rulemaking on the 
State's submittal to recodify the permitting SIP to conform to Title 326 
the Indiana Administrative Code.

[37 FR 10863, May 31, 1972, as amended at 38 FR 12698, May 14, 1973; 39 
FR 4663, Feb. 6, 1974; 39 FR 7281, Feb. 25, 1974; 40 FR 50270, Oct. 29, 
1975; 51 FR 40677, Nov. 7, 1986; 59 FR 51114, Oct. 7, 1994]



Sec. 52.781  Rules and regulations.

    (a) [Reserved]
    (b) A part of the second sentence in section 3, APC-17, which states 
``Where there is a violation or potential violation of ambient air 
quality standards, existing emission sources or any existing air 
pollution control equipment shall comply with th
    (c)-(d) [Reserved]
    (e) Section 2(d) of APC-20, Fugitive Dust Emissions, is disapproved 
because it is unenforceable within the terms of the regulation.
    (f) Subsections 3(b)(3) and 3(b)(5) of APC-2 (May 18, 1977) are 
disapproved because they are unenforceable within the terms of the 
regulation.
    (g) Disapproval. EPA is disapproving 326 IAC 25-2-1, 326 IAC 25-2-3 
and 326 IAC 25-2-4 as revisions to the Indiana SIP.

[37 FR 10863, May 31, 1972, as amended at 37 FR 15084, July 27, 1972; 38 
FR 12698, May 14, 1973; 40 FR 50033, Oct. 28, 1975; 43 FR 26722, June 
22, 1978; 75 FR 72965, Nov. 29, 2010]



Sec. 52.782  Request for 18-month extension.

    (a) The requirements of Sec. 51.341 of this chapter are not met 
since the request for an 18-month extension for submitting that portion 
of the plan that implements the secondary standards for particulate 
matter in the Metropolitan Indianapolis Intrastate Region does not show 
that attainment of the secondary standards will require emission 
reductions exceeding those which can be achieved through the application 
of reasonably available control technology.

[37 FR 10863, May 31, 1972, as amended at 51 FR 40677, Nov. 7, 1986]

[[Page 717]]



Sec. 52.783  [Reserved]



Sec. 52.784  Transportation and land use controls.

    (a) To complete the requirements of subpart L and subpart G of this 
chapter, the Governor of Indiana must submit to the Administrator:
    (1) No later than April 15, 1973, transportation and/or land use 
control strategies and a demonstration that said strategies, along with 
Indiana's presently adopted stationary source emission limitations for 
carbon monoxide and hydrocarbons and the Federal Motor Vehicle Control 
Program, will attain and maintain the national standards for carbon 
monoxide and photochemical oxidants (hydrocarbons) in the Metropolitan 
Indianapolis Intrastate Region by May 31, 1975. By such date (April 15, 
1973), the State also must submit a detailed timetable for implementing 
the legislative authority, regulations, and administrative policies 
required for carrying out the transportation and/or land use control 
strategies by May 31, 1975.
    (2) No later than July 30, 1973, the legislative authority that is 
needed for carrying out such strategies.
    (3) No later than December 30, 1973, the necessary adopted 
regulations and administrative policies needed to implement such 
strategies.

[38 FR 7326, Mar. 20, 1973, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. 52.785  Control strategy: Carbon monoxide.

    (a) The requirements of subpart G of this chapter are not met 
because the plan does not provide for attainment and maintenance of the 
national standards for carbon monoxide in the Metropolitan Indianapolis 
Intrastate Region by May 31, 1975.
    (b) On December 21, 1999, the Indiana Department of Environmental 
Management submitted carbon monoxide maintenance plans for those 
portions of Lake and Marion Counties which they requested the 
Environmental Protection Agency redesignate to attainment of the carbon 
monoxide national ambient air quality standard.
    (c) Approval--The Indiana Department of Environmental Management 
(IDEM) submitted Carbon Monoxide (CO) Limited Maintenance Plan Updates 
for Lake and Marion Counties on January 12, 2009. The updated Limited 
Maintenance Plans demonstrate attainment of the CO National Ambient Air 
Quality Standard (NAAQS) for Lake and Marion Counties for an additional 
ten years.

[38 FR 16565, June 22, 1973, as amended at 51 FR 40676, Nov. 7, 1986; 65 
FR 2888, Jan. 19, 2000; 74 FR 52893, Oct. 15, 2009]



Sec. 52.786  Inspection and maintenance program.

    (a) Definitions:
    (1) Inspection and maintenance program means a program to reduce 
emissions from in-use vehicles through identifying vehicles that need 
emission control related maintenance and requiring that such maintenance 
be performed.
    (2) Light-duty vehicle means a motor vehicle rated at 6,000 lb. GVW 
(gross vehicle weight) or less.
    (3) All other terms used in this section that are defined in part 
51, subpart G of this chapter, are used herein with the meanings so 
defined.
    (b) This regulation is applicable in the County of Marion, Indiana 
(including all cities, towns and municipal corporations therein).
    (c) The State of Indiana shall establish and cause the 
implementation of an inspection and maintenance program applicable to 
all gasoline-powered light duty vehicles which are registered in Marion 
County. Such program shall conform with this Sec. 52.786. The 
Consolidated City of Indianapolis, the County of Marion, and other 
municipalities within the County of Marion, shall take all legislative, 
executive, or other action necessary to establish and implement the 
program required by this regulation.
    (d) Not later than April 1, 1975, the State of Indiana, the County 
of Marion and the Consolidated City of Indianapolis shall jointly submit 
to the Administrator, for his approval, legally adopted legislation and/
or regulations establishing the regulatory scheme for the inspection/
maintenance program required by paragraph (c) of this section. The 
legislation and/or regulations shall include:

[[Page 718]]

    (1) Provisions requiring inspection of all light-duty motor vehicles 
subject to the inspection program required by paragraph (c) of this 
section at periodic intervals no more than 1 year apart by means of an 
idle test. Any class or category of vehicles that are found to be rarely 
used on public streets and highways (such as classic or antique 
vehicles) may be exempted.
    (2) Provisions for regulatory criteria that are consistent with 
achieving an 11 percent reduction of hydrocarbon emissions from light-
duty vehicles.
    (3) Provisions ensuring that failed vehicles receive, within 30 
days, the maintenance necessary to achieve compliance with the 
inspection standards. These provisions shall impose sanctions against 
owners of non-complying vehicles, require retest of failed vehicles 
following maintenance, require a suitable distinctive tag or sticker for 
display on complying vehicles, and include such other measures as are 
necessary or appropriate.
    (4) Provisions establishing a certification program to ensure that 
testing stations performing the required tests have the necessary 
equipment and knowledgeable operators to perform the tests 
satisfactorily, imposing sanctions against non-complying testing 
stations, and containing such other measures as necessary or appropriate 
to a testing program.
    (5) Provisions prohibiting vehicles from being intentionally 
readjusted or modified subsequent to the inspection and/or maintenance 
in such a way as would cause them no longer to comply with the 
inspection standards. These may include authorization of spot checks of 
idle adjustments or of a suitable type of physical seal or tag on 
vehicles. These provisions shall include appropriate penalties for 
violation by any person.
    (6) Designation of agency or agencies responsible for conducting, 
overseeing, and enforcing the inspection/maintenance program. Private 
parties may be designated to conduct parts of the program to certify 
compliance.
    (e) After July 1, 1976, the State of Indiana, County of Marion, the 
Consolidated City of Indianapolis, and other municipalities in Marion 
County shall not allow the operation on streets, roads, or highways 
under their ownership or control of any light duty motor vehicle subject 
to the inspection program established pursuant to paragraph (c) of this 
section that does not comply with the applicable standards and 
procedures adopted in accordance with paragraph (d) of this section.
    (f) After July 1, 1976, no person shall operate or allow the 
operation of any motor vehicle subject to the inspection program 
established pursuant to paragraph (c) of this section that does not 
comply with the applicable standards and procedures adopted in 
accordance with paragraph (d) of this section.
    (g) No later than October 1, 1974, the State of Indiana, County of 
Marion, and the Consolidated City of Indianapolis shall jointly submit 
to the Administrator, for his approval, a detailed compliance schedule 
showing the steps they will take to establish, operate and enforce the 
inspection program required by paragraph (c) of this section including:
    (1) A detailed description of the inspection program required by 
paragraph (c) of this section (including a description of the way in 
which the program will be established, operated, and enforced and the 
respective responsibilities of the State, county, and municipalities for 
such tasks).
    (2) A description of the legal authority for establishing and 
enforcing the inspection/maintenance program, including the text of 
proposed or adopted legislation and regulations.
    (3) Specific dates (day, month, and year) by which various steps to 
implement the inspection/maintenance system will be completed, such 
steps to include, at a minimum, the following: submitting final plans 
and specifications for the system to the Administrator for this approval 
(this date to be no later than February 1, 1975), ordering necessary 
equipment (this date to be no later than April 15, 1975), commencement 
of onsite construction and/or installation, and system operational (this 
date to be no later than April 15, 1975, commencement of onsite 
construction and/ior installation, and system operational (this date to 
be no later than July 1, 1975).

[[Page 719]]

    (4) An identification of the sources and amounts of funds necessary 
to implement the system together with written assurances from the chief 
executive officers of the State, city, and county that they will seek 
such necessary funding from the appropriate legislative bodies.
    (5) Other provisions necessary or appropriate to carry out the 
program.
    (h) The State's December 2, 1992, commitment to timely adopt and 
implement enhanced inspection and maintenance (I/M) rules for Lake and 
Porter Counties is disapproved based on the failure of the State of 
Indiana to meet important milestones pertaining to the development and 
adoption of necessary authority for the I/M program. This disapproval 
initiates the sanction process of section 179(a) of the Act.

[39 FR 12348, Apr. 5, 1974, as amended at 46 FR 38, Jan. 2, 1981; 51 FR 
40677, Nov. 7, 1986; 55 FR 31052, July 31, 1990; 58 FR 62535, Nov. 29, 
1993]



Sec. 52.787  Gasoline transfer vapor control.

    (a) Gasoline means any petroleum distillate having a Reid vapor 
pressure of 4 pounds or greater.
    (b) This section is applicable in the County of Marion, Indiana 
(including all cities, towns and municipal corporations therein).
    (c) No person shall transfer or permit the transfer of gasoline from 
any delivery vessel into any stationary source container with a capacity 
greater than 250 gallons unless such container is equipped with a 
submerged fill pipe and unless the displaced vapors from the storage 
container are processed by a control system that prevents release to the 
atmosphere of no less than 90 percent by weight of organic compounds in 
said vapors displaced from the stationary storage container location. 
The control system shall include one or more of the following:
    (1) A vapor-tight return line from the storage container to the 
delivery vessel and a system that will ensure that the vapor return line 
is connected before gasoline can be transferred into the container. If a 
``vapor-balance return'' system is used to meet the requirements of this 
section, the system shall be so constructed as to be readily adapted to 
retrofit with an adsorption system, refrigeration-condensation system or 
equivalent system connected to the stationary storage container.
    (2) Refrigeration-condensation sys- tem or adsorption system 
connected to the stationary storage container.
    (3) An equivalent system, approved by the Administrator or his 
designee, designed to recover or eliminate no less than 90 percent by 
weight of the organic compounds in the displaced vapor.
    (d) No person shall own or operate a delivery vessel containing 
gasoline unless the delivery vessel is so designed and maintained as to 
be vapor-tight at all times. This paragraph (d) shall not apply to 
delivery vessels in transit through Marion County which neither are 
filled nor deliver gasoline therein, nor shall this paragraph (d) be 
construed to prohibit safety-valves on other devices required by 
governmental safety regulations. Delivery vessels which are filled in 
Marion County but do not deliver in Marion County may be controlled only 
for filling.
    (e) No person shall own or operate a facility for the filling of 
delivery vessels with gasoline unless the facility is equipped with a 
control system, which can recover or eliminate at least 90 percent by 
weight of the organic compounds in the vapors displaced from the 
delivery vessel during refilling. Facilities which have a daily 
throughput of 20,000 gallons or less are required to have a vapor 
recovery system in operation no later than May 31, 1977. Delivery 
vessels and storage containers served exclusively by facilities required 
to have a vapor recovery system in operation no later than May 31, 1977, 
also will be required to meet the provisions of this section no later 
than May 31, 1977.
    (f) After March 1, 1976, no person shall intentionally release 
gasoline vapors from a delivery vessel, except to a control system that 
can recover or eliminate at least 90 percent by weight of organic 
compounds in the vapors released.
    (g) The provisions of paragraph (c) of this section shall not apply 
to the following:

[[Page 720]]

    (1) Stationary containers having a capacity less than 550 gallons 
used exclusively for the fueling of farming equipment.
    (2) Any stationary container having a capacity less than 2,000 
gallons installed prior to promulgation of this paragraph.
    (3) Transfer made to storage tanks equipped with floating roofs or 
their equivalent.
    (4) Gasoline storage compartments of 1,000 gallons or less in 
gasoline delivery vessels in use on the promulgated date of this 
regulation will not be required to be retrofitted with a vapor return 
system until January 1, 1977.
    (h) The operation of a source, otherwise, subject to paragraph (c), 
(d), or (e) of this section, shall not be a violation of paragraph (c), 
(d), or (e), respectively, if the following acts shall be completed with 
respect to such source before the following dates:
    (1) October 1, 1974. The owner of the source or his designee shall 
submit to the Administrator, a final control plan, which describes at a 
minimum the steps that will be taken by the source to achieve compliance 
with the applicable provisions of paragraphs (c), (d), and (e) of this 
section.
    (2) March 1, 1975. Negotiate and sign all necessary contracts for 
control systems, or issue orders for the purchase of component parts to 
accomplish emission control.
    (3) May 1, 1975. Initiate on-site construction or installation of 
control system equipment.
    (4) February 1, 1976. Complete on-site construction or installation 
of control system equipment.
    (5) March 1, 1976. Achieve final compliance with the applicable 
provisions of paragraphs (c), (d), and (e) of this section.
    (6) Any owner of a source subject to the compliance schedule in this 
paragraph shall certify to the Administrator, within 5 days after the 
deadline for each increment of progress, whether or not the required 
increment of progress has been met.
    (i) As an alternative to compliance with the schedule under 
paragraph (h) of this section:
    (1) The owner of a source which is in compliance with the provisions 
of paragraph (c), (d), or (e) of this section, shall certify such 
compliance to the Administrator by October 1, 1974. The Administrator 
may request whatever supporting information he considers necessary for 
proper certification.
    (2) A source for which a compliance schedule is adopted by the State 
and approved by the Administrator may operate in conformity with such 
compliance schedule.
    (3) The owner of a source may submit to the Administrator, by 
October 1, 1974, a proposed alternative compliance schedule. No such 
schedule may provide for compliance after March 1, 1976. Until 
promulgated by the Administrator, such source shall conform with 
applicable portions of paragraph (c), (d), (e), or (h) of this section. 
Upon promulgation of the compliance schedule by the Administrator, no 
person shall own or operate the source except in conformity with the 
promulgated schedule.
    (j) Nothing in this section shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (h) of this section fails to 
satisfy the requirements of Sec. 51.15 (b) and (c) of this chapter.
    (k) Any new container, facility, or vessel subject to this 
regulation that is placed in operation after October 1, 1974, shall 
within 30 days of commencing operation submit a compliance schedule in 
conformity with paragraph (i) of this section and shall otherwise comply 
with this section. Any facility subject to this regulation that is 
placed in operation after March 1, 1976, shall comply with the 
applicable requirements of this section immediately upon commencing 
operation.

[39 FR 12349, Apr. 5, 1974, as amended at 39 FR 41253, Nov. 26, 1974; 41 
FR 56643, Dec. 29, 1976; 42 FR 29004, June 7, 1977]



Sec. 52.788  Operating permits.

    Emission limitations and other provisions contained in operating 
permits issued by the State in accordance with the provisions of the 
federally approved permit program shall be the applicable requirements 
of the federally approved State Implementation Plan (SIP) for Indiana 
for the purpose of sections

[[Page 721]]

112(b) and 113 of the Clean Air Act and shall be enforceable by the 
United States Environmental Protection Agency (USEPA) and any person in 
the same manner as other requirements of the SIP. USEPA reserves the 
right to deem an operating permit not federally enforceable. Such a 
determination will be made according to appropriate procedures, and be 
based upon the permit, permit approval procedures or permit requirements 
which do not conform with the operating permit program requirements or 
the requirements of USEPA's underlying regulations.

[60 FR 43012, Aug. 18, 1995]



Sec. 52.789  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 and each unit located 
in the State of Indiana and for which requirements are set forth under 
the TR NOX Annual Trading Program in subpart AAAAA of part 97 
of this chapter must comply with such requirements. The obligation to 
comply with such requirements will be eliminated by the promulgation of 
an approval by the Administrator of a revision to Indiana's State 
Implementation Plan (SIP) as correcting the SIP's deficiency that is the 
basis for the TR Federal Implementation Plan under Sec. 52.38(a), 
except to the extent the Administrator's approval is partial or 
conditional.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this 
section, if, at the time of the approval of Indiana's SIP revision 
described in paragraph (a)(1) of this section, the Administrator has 
already started recording any allocations of TR NOX Annual 
allowances under subpart AAAAA of part 97 of this chapter to units in 
the State for a control period in any year, the provisions of subpart 
AAAAA of part 97 of this chapter authorizing the Administrator to 
complete the allocation and recordation of TR NOX Annual 
allowances to units in the State for each such control period shall 
continue to apply, unless provided otherwise by such approval of the 
State's SIP revision.
    (b)(1) The owner and operator of each source and each unit located 
in the State of Indiana and for which requirements are set forth under 
the TR NOX Ozone Season Trading Program in subpart BBBBB of 
part 97 of this chapter must comply with such requirements. The 
obligation to comply with such requirements will be eliminated by the 
promulgation of an approval by the Administrator of a revision to 
Indiana's State Implementation Plan (SIP) as correcting the SIP's 
deficiency that is the basis for the TR Federal Implementation Plan 
under Sec. 52.38(b), except to the extent the Administrator's approval 
is partial or conditional.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this 
section, if, at the time of the approval of Indiana's SIP revision 
described in paragraph (b)(1) of this section, the Administrator has 
already started recording any allocations of TR NOX Ozone 
Season allowances under subpart BBBBB of part 97 of this chapter to 
units in the State for a control period in any year, the provisions of 
subpart BBBBB of part 97 of this chapter authorizing the Administrator 
to complete the allocation and recordation of TR NOX Ozone 
Season allowances to units in the State for each such control period 
shall continue to apply, unless provided otherwise by such approval of 
the State's SIP revision.

[76 FR 48364, Aug. 8, 2011]



Sec. 52.790  Interstate pollutant transport provisions; What are the FIP 

requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each source and each unit located in 
the State of Indiana and for which requirements are set forth under the 
TR SO2 Group 1 Trading Program in subpart CCCCC of part 97 of 
this chapter must comply with such requirements. The obligation to 
comply with such requirements will be eliminated by the promulgation of 
an approval by the Administrator of a revision to Indiana's State 
Implementation Plan (SIP) as correcting the SIP's deficiency that is the 
basis for the TR Federal Implementation Plan under Sec. 52.39 except to 
the extent the Administrator's approval is partial or conditional.
    (b) Notwithstanding the provisions of paragraph (a) of this section, 
if, at the time of the approval of Indiana's SIP

[[Page 722]]

revision described in paragraph (a) of this section, the Administrator 
has already started recording any allocations of TR SO2 Group 
1 allowances under subpart CCCCC of part 97 of this chapter to units in 
the State for a control period in any year, the provisions of subpart 
CCCCC of part 97 of this chapter authorizing the Administrator to 
complete the allocation and recordation of TR SO2 Group 1 
allowances to units in the State for each such control period shall 
continue to apply, unless provided otherwise by such approval of the 
State's SIP revision.

[76 FR 48364, Aug. 8, 2011]



Sec. 52.791  Visibility protection.

    (a) Regional Haze. The requirements of section 169A of the Clean Air 
Act are not met because the regional haze plan submitted by Indiana on 
January 14, 2011, and supplemented on March 10, 2011, does not include 
fully approvable measures for meeting the requirements of 40 CFR 
51.308(d)(3) and 51.308(e) with respect to emissions of NOX 
and SO2 from electric generating units. EPA has given limited 
approval and limited disapproval to the plan provisions addressing these 
requirements.
    (b) Measures Addressing Limited Disapproval Associated with NOX. The 
deficiencies associated with NOX identified in EPA's limited 
disapproval of the regional haze plan submitted by Indiana on January 
14, 2011, and supplemented on March 10, 2011, are satisfied by Sec. 
52.789.
    (c) Measures Addressing Limited Disapproval Associated with SO2. The 
deficiencies associated with SO2 dentified in EPA's limited 
disapproval of the regional haze plan submitted by Indiana on January 
14, 2011 and supplemented on March 10, 2011 are satisfied by Sec. 
52.790.

    Effective Date Note: At 77 FR 33657, June 7, 2012, Sec. 52.791 was 
added, effective August 6, 2012.



Sec. 52.792  [Reserved]



Sec. 52.793  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable procedures 
for preventing the significant deterioration of air quality.
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are 
hereby incorporated and made a part of the applicable state plan for the 
State of Indiana.
    (c) All applications and other information required pursuant to 
Sec. 52.21 of this part from sources located in the State of Indiana 
shall be submitted to the state agency, Indiana Department of 
Environmental Management, Office of Air Quality, 100 North Senate 
Avenue, Indianapolis, Indiana 46204, rather than to EPA's Region 5 
office.

[45 FR 52741, Aug. 7, 1980, as amended at 53 FR 18985, May 26, 1988; 68 
FR 11323, Mar. 10, 2003; 75 FR 55275, Sept. 10, 2010]



Sec. 52.794  Source surveillance.

    (a) The requirements of 51.212 of this chapter are not met by the 
phrase ``for more than a cumulative total of 15 minutes in a 24-hour 
period'' contained in section 1 of APC-3 of the Indiana Air Pollution 
Control Regulations.
    (b) [Reserved]
    (c) 325 IAC 5-1 (October 6, 1980, submittal--Sec. 52.770(c)(53)) is 
disapproved for the Lake County sources specifically listed in Table 2 
of 325 IAC 6-1-10.2 (Sec. 52.770(c)(57)); for pushing and quenching 
sources throughout the State (August 27, 1981, 325 IAC 11-3-2 (g) and 
(h)--Sec. 52.770(c)(42)); and for coke oven doors in Lake and Marion 
Counties (325 IAC 11-3-2(f)--Sec. 52.770(c)(42)). Applicability of this 
regulation to these sources is being disapproved because 325 IAC 5-1 
does not meet the enforceability requirements of Sec. 51.22 as it 
applies to these sources. Opacity limits in 325 IAC 6-1-10.2 and certain 
opacity limits in 325 IAC 11-3 supersede those in 325 IAC 5-1, and USEPA 
has previously disapproved these superseding regulations (Sec. 52.776 
(j), (g), and (f), respectively).

[40 FR 50033, Oct. 28, 1975; 41 FR 3475, Jan. 23, 1976, as amended at 48 
FR 55860, Dec. 16, 1983; 51 FR 40676, 40677, Nov. 7, 1986; 52 FR 3644, 
Feb. 5, 1987; 52 FR 23038, June 17, 1987]



Sec. 52.795  Control strategy: Sulfur dioxide.

    (a) Revised APC-13 (December 5, 1974 submission) of Indiana's Air 
Pollution

[[Page 723]]

Control regulations (sulfur dioxide emission limitation) is disapproved 
insofar as the provisions identified below will interfere with the 
attainment and maintenance of the suffix dioxide ambient air quality 
standards:
    (1) The phrase ``equivalent full load'' in section 1(b)(2).
    (2) The formula ``Ep=17.0 Qm\0.67\ where 
Ep=EmxQm'' in section 2(a).
    (3) The phrase ``Direct fired process operations'' in sections 2(a), 
3(c), 4(b), and 4(c).
    (4) The modification of Qm for non-Indiana coal as 
expressed in Section 2(a).
    (b) The requirements of Sec. 51.281 are not met by Warrick and 
Culley electrical generating stations enforcement orders which would 
revise the sulfur dioxide emission limitations for these two stations.
    (c) The requirements of Sec. 51.110(e) are not met by Wayne, 
Dearborn, Jefferson, Porter, and Warrick Counties.
    (d)-(e) [Reserved]
    (f) Approval--On March 14, 1996, the State of Indiana submitted a 
maintenance plan for Lawrence, Washington, and Warren Townships in 
Marion County and the remainder of the county, and requested that it be 
redesignated to attainment of the National Ambient Air Quality Standard 
for sulfur dioxide. The redesignation request and maintenance plan 
satisfy all applicable requirements of the Clean Air Act.
    (g) Approval--On June 17, 1996, the State of Indiana submitted a 
maintenance plan for LaPorte, Vigo, and Wayne Counties and requested 
redesignation to attainment for the National Ambient Air Quality 
Standard for sulphur dioxide for each county in its entirety. The 
redesignation requests and maintenance plans satisfy all applicable 
requirements of the Clean Air Act.
    (h) Approval--On June 21, 2005, and as supplemented on August 11, 
2005, the State of Indiana submitted a request to redesignate the Lake 
County sulfur dioxide (SO2) nonattainment area to attainment 
of the NAAQS. In its submittal, the State also requested that EPA 
approve the maintenance plan for the area into the Indiana 
SO2 SIP. The redesignation request and maintenance plan 
satisfy all applicable requirements of the Clean Air Act.

[41 FR 35677, Aug. 24, 1976, as amended at 42 FR 34519, July 6, 1977; 47 
FR 10825, Mar. 12, 1982; 47 FR 39168, Sept, 7 1982; 49 FR 585, Jan. 5, 
1984; 51 FR 40676, 40677, Nov. 7, 1986; 53 FR 1358, Jan. 19, 1988; 54 FR 
2118, Jan. 19, 1989; 61 FR 58486, Nov. 15, 1996; 70 FR 56131, Sept. 26, 
2005]



Sec. 52.796  Industrial continuous emission monitoring.

    (a) APC-8, Appendix I 1.2.3, 3.3, and 6.0 are disapproved because 
they do not meet the requirements of 40 CFR 51.214.
    (b)(1) The requirements of 40 CFR 51, Appendix P 3.3 are hereby 
incorporated and made a part of the applicable implementation plan for 
the State of Indiana.
    (2) APC-8 does not apply to any source scheduled for retirement by 
October 6, 1980, or within five years after the promulgation of 
continuous emission monitoring requirements for that source category in 
40 CFR part 51, Appendix P 1.1, provided that adequate evidence and 
guarantees are provided that clearly show that the source will cease 
operations on or before such date.

[43 FR 26722, June 22, 1978, as amended at 51 FR 40677, Nov. 7, 1986]



Sec. 52.797  Control strategy: Lead.

    (a)-(b) [Reserved]
    (c) On January 12, 1988, Indiana'a Office of Air Management (OAM), 
Indiana Department of Environmental Management, agreed to review all 
relevant hood designs and performance guidance to determine which 
criteria to use in determining ongoing compliance with the capture 
efficiency provisions in 326 IAC 15-1 for Quemetco, Inc., and Refined 
Metals. Because these efficiencies are closely related to equipment 
design, OAM believes that a review of the process and control equipment 
designs and operating paramenters should provide the necessary 
determination of compliance. OAM will work with the Indianapolis local 
agency, the Indianapolis Air Pollution Control Division, on viable 
alternatives and will keep USEPA up to date on its progress. OAM

[[Page 724]]

anticipates that specific criteria for determining compliance will be 
incorporated into the sources' operation permits (and forwarded to USEPA 
for informational purposes), and, should the opportunity arise, 326 IAC 
15-1 will be revised to similarly incorporate capture efficiency 
criteria.
    (d) On March 2, 2000, Indiana submitted a maintenance plan for 
Marion County as part of its request to redesignate the County to 
attainment of the lead standard.
    (e) On April 1, 2009, Indiana submitted an updated maintenance plan 
under section 175A of the CAA for Marion County for the continued 
attainment of the 1.5 [micro]g/m\3\ lead standard.

[53 FR 12905, Apr. 19, 1988, as amended at 53 FR 38722, Oct. 3, 1988; 54 
FR 33896, Aug. 17, 1989; 65 FR 29963, May 10, 2000; 74 FR 48662, Sept. 
24, 2009]



Sec. 52.798  Small business stationary source technical and environmental 

compliance assistance program.

    The Indiana program submitted on January 14, 1993, as a requested 
revision to the Indiana State Implementation Plan satisfies the 
requirements of section 507 of the Clean Air Act Amendments of 1990.

[58 FR 46544, Sept. 2, 1993]



Sec. 52.799  Transportation conformity.

    On June 4, 2010, Indiana submitted the Transportation Conformity 
Consultation SIP consisting of Metropolitan Planning Organization 
resolutions and Memorandums of Understanding to address interagency 
consultation and enforceability of certain transportation related 
control measures and mitigation measures. EPA is approving the 
Transportation Conformity SIP from Indiana.

[75 FR 50710, Aug. 17, 2010]



Sec. 52.800  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Indiana'' and all revisions submitted by Indiana that 
were Federally approved prior to December 31, 2009.
    (b) The plan was officially submitted on January 31, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) The State Air Pollution Control Board submitted a SO2 
control strategy for the City of Indianapolis on March 16, 1972.
    (2) The Governor submitted Pub. L. 100, Regulation APC 12-R and 13 
through 17 on April 11, 1972.
    (3) On May 1, 1972, the Governor's office submitted an errata sheet 
and revised pages for the State plan.
    (4) A request for a nine month extension to achieve secondary 
SO2 standards in the Indianapolis Region was made by the 
Governor on May 16, 1972.
    (5) The State Air Pollution Control Board submitted additional 
information on surveillance methodology (non-regulatory) on May 17, 
1972.
    (6) Regulation APC 4-R was transmitted by the Governor on June 30, 
1972.
    (7) Assurance that emission data for sources was available for 
public inspection was given on July 24, 1972, by the Technical Secretary 
to the Indiana Board.
    (8) Clarification of a policy on availability of emission data to 
the public sent August 17, 1972, by the Technical Secretary to the 
Indiana Board.
    (9) On September 15, 1972, amendments to State control regulations 
13, 15 and 16 were submitted to the Governor.
    (10) On May 8, 1973, the Governor submitted a new regulation (APC-
19) which replaced APC-1.
    (11) The Governor submitted a transportation control plan for Marion 
County on October 19, 1973.
    (12) On March 7, 1974, the Technical Secretary of the Air Pollution 
Control Board, acting for the Governor of Indiana, submitted new 
regulation APC-20.
    (13) On October 3, 1974, the Technical Secretary submitted revised 
regulations APC-16 covering CO, APC-17 covering NO2 and a new 
regulation APC-22 covering classification of counties for 
SO2, oxidants, particulates, NO2 and CO.
    (14) On November 8, 1974, the Technical Secretary submitted revised 
regulation APC-3 covering visible emissions and revised regulation APC-
15 covering hydrocarbons.

[[Page 725]]

    (15) On December 5, 1974, the Technical Secretary submitted revised 
regulation APC-13 covering SO2. On July 18, 1975, an updated 
Technical Support Document on APC-13 was submitted by the Technical 
Secretary.
    (16) On June 14, 1976, the Technical Secretary submitted enforcement 
orders varying the final sulfur dioxide emission limitations for the 
Warrick and Culley electrical generating stations in Warrick County.
    (17) On March 16, 1977, the Technical Secretary submitted new 
regulation APC-8, Continuous Emission Monitoring; and revised 
regulations APC-7, Incinerators; and APC-14, Indiana Ambient Air Quality 
Standards.
    (18) On May 18, 1977, the Technical Secretary submitted revised 
regulation APC-2, Open Burning.
    (19) On June 26, 1979, the Governor submitted a revised sulfur 
dioxide strategy, including regulation APC 13 with appendix, which was 
promulgated by the State on June 19, 1979 for all areas of the State. 
This included the Part D sulfur dioxide regulations for Lake, LaPorte, 
and Marion Counties. On August 27, 1980 and July 16, 1981 the State 
committed itself to correct conditionally approved items within their 
strategy. On October 6, 1980, the State submitted a recodified version 
of APC 13 which was promulgated by the State on August 27, 1980. This 
included 325 IAC 7, 325 IAC 1.1-6, 325 IAC 1.1-7-2 and 4, 325 IAC 12-5-1 
and 2(a), 325 IAC 12-9-1 and 4, and 325 IAC 12-18-1 and 2. EPA is not 
taking action on: (i) 325 IAC 7 as it applies to Floyd and Vigo 
Counties, (ii) the 30-day averaging compliance method contained in 325 
IAC 7-1-3, and (iii) the stack height provision for NIPSCO's Mitchell 
Station in the Lake County SO2 strategy and (4) the stack 
height provisions for IPALCO's Stout Generating Chemicals Company, and 
Detroit Diesel Allison's Plant 8 in the Marion County 
SO2 strategy.
    (20) On June 26, 1979, the State of Indiana submitted to EPA 
revisions to the ozone and carbon monoxide portions (section 3.3.24) of 
its Marion County State Implementation Plan. On March 11, 1980, the 
state submitted revisions to the Marion County technical appendix to 
section 3.3.24. On May 19, 1980, the state submitted ozone and carbon 
monoxide attainment demonstrations for Marion County (section 1.5). On 
September 8, 1980 the state submitted its memoranda of understanding. On 
October 9 and October 15, 1980, the state submitted documentation 
concerning interagency coordination and the analysis of transportation 
control measures. On January 7, 1981, the state submitted corrections 
and clarifications in response to EPA's notice of proposed rulemaking 
(45 FR 81070).
    (21) On June 26, 1979 Indiana submitted a motor vehicle inspection 
and maintenance program for Clark, Floyd, Lake, and Porter Counties. 
Additional commitments were submitted on April 7, 1980; June 12, 1980; 
August 27, 1980; November 13, 1980 and November 24, 1980.
    (22) On June 26, 1979, Indiana made submittals pertaining to section 
121 Consultation, section 110(a)(2)(K)--Permit Fees, section 126--
Interstate Pollution, section 127--Public Notification, section 128--
State Boards and section 110(a)(2)(F) (ii) and (iii)--Continuous 
Emission Monitoring Additional commitments were secured on April 17, 
1980, June 25, 1980, August 1, 1980, November 10, 1980, December 9, 
1980, and December 31, 1980. A revised version of Indiana's continuous 
emission monitoring regulation (325 IAC 3) was submitted on October 6, 
1980.
    (23) On June 26, 1979, the State of Indiana submitted a revision to 
provide for modification of the existing air quality surveillance 
network.
    (24) On June 26, 1979, the Governor submitted a revised new source 
review regulation, APC-19. Additional information and commitments were 
submitted on June 25, 1980 and May 19, 1981. EPA is not taking action on 
section 7 of APC-19, Prevention of Significant deterioration.
    (25) On June 26, 1979 the Governor submitted revised emission limits 
for Knauf Fiberglass, Shelby County. Additional information was 
submitted by November 21, 1979. The emission limitations were recodified 
as 325 IAC 11-4 and 11-4 Appendix A and were resubmitted on October 6, 
1980.

[[Page 726]]

    (26) On June 26, 1979 the Governor submitted Indiana's definition 
regulation, APC-1. The definitions were recodified as 325 IAC 1.1-1 and 
resubmitted on October 6, 1980. On January 21, 1981 Indiana submitted a 
revised definition for ``positive net air quality benefit.'' EPA is 
taking no action on 325 IAC 1.1-1-82, definition of ``State 
Implementation Plan (SIP).''
    (27) On October 6, 1980, Indiana submitted Regulation 325 IAC 1.1-2 
(formerly APC 14) which includes the primary and secondary ambient air 
quality standards for ozone and lead.
    (28) On February 26, 1981, Indiana submitted a revision to its plan 
waiving the State's sulfur dioxide air monitoring requirement of section 
4(a) of Regulation 325 IAC 7-1 for the area around Public Service of 
Indiana's Noblesville Generating Station.
    (29) On June 26, 1979, May 19, 1980, September 24, 1980, October 9, 
1980 and October 15, 1980, Indiana submitted transportation control 
plans and ozone demonstrations of attainment for Lake, Porter, Clark, 
Floyd, St. Joseph, Elkhart and Allen Counties. It also submitted a 
carbon monoxide demonstration of attainment for Lake County. EPA is 
taking no action on the ozone demonstration of attainment for St. 
Joseph, Elkhart and Allen Counties.
    (30) On April 10, 1981, Indiana submitted revised emission limits 
for Indiana Farm Bureau Cooperative Association's Beech Grove plant.
    (31) On February 11, 1980, Indiana submitted a revised sulfur 
dioxide strategy for Vigo County. Technical information was submitted on 
December 10, 1979 and on May 30, 1980. On October 6, 1980, the State 
submitted a recodified version of the Vigo County Regulations, 325 IAC 
Article 7, which was promulgated by the State on August 27, 1980. EPA is 
not taking action on the 30-day averaging compliance method contained in 
325 IAC 7-1-3 as it applies to Vigo County.
    (32) On November 24, 1981, Indiana submitted site specific emission 
limitations for Tecumseh Pipe Line Company, Schererville; and Wayne 
Transportation Division, Richmond.
    (33) On February 11, 1980, Indiana submitted APC 15. EPA is taking 
no action the ``bubble'' provisions contained in Section 8(a)(2) of 
revised APC 15.
    (34) On June 26, 1979, the Governor of Indiana submitted general TSP 
RACT emisson limits for nonattainment areas. These regulations were 
amended and recodified as 325 IAC 6-1 and resubmitted on October 6, 
1980. On October 6, 1980, the State submitted a revised TSP regulation 
for process sources, 325 IAC 6-3; a source specific Dearborn County 
strategy (amendments were submitted on August 10, 1981), 325 IAC 6-1-8; 
a source specific Dubois County strategy, 325 IAC 6-1-9; and a source 
specific Wayne County strategy (amendments were submitted on January 29, 
1981), 325 IAC 6-1-14. On February 11, 1980, Indiana submitted a source 
specific Marion County strategy (amendments were submitted on October 
28, 1981), 325 IAC 6-1-12. EPA is deferring rulemaking at this time on 
the coke battery emission limitations in the Marion County strategy. On 
January 29, 1981, the State submitted a source specific Vigo County 
strategy (amendments were submitted on October 28, 1981 and May 7, 
1982), 325 IAC 6-1-13; a source specific Howard County strategy, 325 IAC 
6-1-15; and a source specific Vanderburgh County strategy (amendments 
were submitted on October 28, 1981), 325 IAC 6-1-16. EPA is deferring 
rulemaking at this time on the coke battery emission limitations in the 
Vigo County strategy and on whether the Howard County strategy currently 
contains all the elements required by the Clean Air Act. On July 8, 
1981, the State submitted a source specific Clark County strategy, 325 
IAC 6-1-17, and a source specific St. Joseph County strategy, 325 IAC 6-
1-18. On January 29, 1981 and May 7, 1982, the State submitted 
additional information and commitments.
    (35) On October 6, 1980, Indiana submitted its regulations as 
recodified. Amendments were submitted on January 29, 1981 and March 18, 
1981. EPA's approval is directed specifically to the codification 
numbering system change, not to the substance within each of the 
codified rules.
    (36) [Reserved]
    (37) On May 10, 1982, Indiana submitted source specific emission 
limits contained in operating permits for the Bunge Corporation, Globe 
Industries,

[[Page 727]]

Skyline Corporation, and Dubois County Farm Bureau Co-op Assn., Inc. as 
revisions to the Indiana SIP.
    (38) On April 27, 1982, Indiana submitted source specific TSP 
emission limits for Huntingburg Wood Products, Jasper Desk Company, 
Jasper Office Furniture Company, Arist-O-Kraft Company, Mohr 
Construction Company, Dana Corporation, and Allis Chalmers Corporation. 
On April 29, 1982, Indiana submitted source specific VOC emission limits 
for McGee Refining Corporation, Hesco Industries, and Clark Oil and 
Refining Corporation.
    (39) On November 25, 1980, Indiana submitted 325 IAC Article 8, 
Volatile Organic Compound Regulations. This regulation adds Group II CTG 
requirements to Indiana's VOC plan and was State promulgated on October 
15, 1980. EPA is not taking action on 325 IAC 8-1.1 Section 2(b), Bubble 
Approach.
    (40) On November 24, 1981, Indiana submitted site specific emission 
limitations for Jeffboat, Inc., Jeffersonville.
    (41) On November 23, 1982, Indiana submitted source-specific 
emission limits for Paul H. Rohe Company, Inc.
    (42) On June 26, 1979, Indiana submitted its coke oven battery 
regulation, APC 9. On October 6, 1980 Indiana resubmitted this 
regulation recodified as 325 IAC 11-3. On August 27, 1981, Indiana 
submitted amendments to 325 IAC 11-3. EPA is taking no action on 325 IAC 
11-3-2(a), Pre-Carbonization Emissions. It is taking no action on 325 
IAC 11-3-2(i), Underfire Particulate and Sulfur Dioxide Emissions, as it 
applies to Lake County.
    (43) On February 26, 1981 and June 22, 1982, Indiana submitted a 
9.57 lbs/MMBTU sulfur dioxide emission limit for IMEC's Breed Generating 
Station in Sullivan County. This limit supersedes that approved at 
paragraph (c)(19).
    (44) On June 28, 1982, Indiana submitted new open burning 
regulations for Marion County. An amendment was submitted on August 25, 
1982.
    (45) On March 15, 1983, Indiana submitted a revision to the TSP and 
SO2 portions of its SIP in the form of operating permits for 
the Sisters of Providence Convent in St. Mary-of-the-Woods, Indiana.
    (46) On November 29, 1982, and December 9, 1982, Indiana submitted 
amendments to 325 IAC 11-4, Fiber Glass Insulation Manufacturing 
(Superfine Process) Limitations.
    (47) On August 17, 1983, Indiana submitted emission limits of 1.8 
lbs/hr and 2.4 tons/yr for the boilers at Jasper Cabinet Co., Dubois 
County. The 1.8 lbs/hr limit replaces the 7.6 lbs/hr limit approved for 
this source in subparagraph 34.
    (48) [Reserved]
    (49) On March 28, 1983, Indiana submitted a 20% 2-hour opacity limit 
as an ``equivalent visible emission limit'' (EVEL) for the underfire 
stack at Bethlehem Steel Corporation's Coke Battery No. 2 in Porter 
County. This EVEL is approved for as long as the SIP mass emission limit 
determined from 325 IAC 6-2 (October 6, 1980, submittal) for this source 
remains in the SIP See (c)(6), (35), and (42).
    (50) On December 21, 1983, the Indiana Air Pollution Control Board 
submitted Indiana Rule 325 IAC 6-2.1, Particulate Emission Limitations 
for Sources of Indirect Heating. This rule repeals and replaces Indiana 
Rule 325 IAC 6-2. See Sec. Sec. 52.770(c)(4) and (c)(35) and Sec. 
52.776(i).
    (i) Incorporation by reference. (A) 325 IAC 6-2.1, revised 
regulation establishing Particulate Emission Limitations for Sources of 
Indirect Heating.
    (ii) Additional material. (A) December 21, 1983, submittal of 
Finding of Facts and Recommendations of Hearing Officer R. W. James on 
325 IAC 6-2.1.
    (B) March 27, 1985, commitment letter from the State concerning the 
procedures the State will use in processing ``bubbles'' under 325 IAC 6-
2.1-2(B) and 3(b). See Sec. 52.776(i).
    (51) On February 7, 1983, Indiana submitted revised opacity limits 
for existing boilers at Olin Corporation, located in Covington, Indiana. 
These ``equivalent visible emission limits'' (EVEL) are approved for as 
long as the SIP mass emission limit determined from 325 IAC 6-2 (October 
6, 1980 submittal) for this source remains in the SIP. See Sec. 
52.770(c) (6) and (35) and Sec. 52.776(h)(2).
    (i) Incorporation by reference. (A) EVELs for Olin Corporation 
contained in Operating Permits issued by IAPCB, dated October 6, 1981.

[[Page 728]]

    (ii) Additional material. (A) September 1, 1983, transmittal by 
IAPCD's A. Sunderland of Olin's Mass Emission Tests, dated August 26, 
1983.
    (B) April 5, 1984, letter from IAPCD's E. Stresino transmitting 
original petition, including Method 9 opacity data.
    (52) On February 23, 1984, the Indiana Air Pollution Control Board 
submitted a revision to Indiana's SO2 SIP waiving the self-
monitoring requirement for Public Service Indiana's Edwardsport 
Generating Station, as set forth in section 4(a) of Rule 325 IAC 7-1. 
See (c)(19). This revision becomes effective once the Edwardsport 
Station achieves an annual operating capacity of no greater than 10%.
    (53) On October 6, 1980, Indiana submitted revised opacity 
regulation 325 IAC 5-1. It replaces 1972 APC 3 for process sources, 
approved at paragraph (b), and SIP 1974 APC 3 for combustion sources, 
approved in part at subparagraph (c)(14). Indiana does not intend 325 
IAC 5-1 to regulate the emission points in Lake County listed in Table 2 
of 325 IAC 6-1-110.2 (subparagraph (c)(57)). USEPA is disapproving 325 
IAC 5-1 for these sources. Indiana does not intend 325 IAC 5-1 to 
regulate certain coke battery emission sources listed in 325 IAC 11-3 
(subparagraph (c)(42)). USEPA is disapproving 325 IAC 5-1 as it applies 
to the provisions of 325 IAC 11-3 which USEPA disapproved at (c)(42), 
i.e., pushing and quenching sources throughout the State and coke oven 
doors in Lake and Marion Counties. Additionally, Indiana has modified 
325 IAC 5-1 as it applies to the stack emission points in Porter County 
listed at 325 IAC 6-6-4. USEPA disapproved 325 IAC 5-1 as it applies to 
these Porter County sources on February 5, 1987 (52 FR 3640). For those 
source categories where USEPA is disapproving 325 IAC 5-1, they remain 
regulated by the previously approved opacity SIP which consists of SIP 
1974 APC 3 for combustion sources and 1972 APC 3 for process sources. 
Additionally, as long as the Bethlehem Steel Corporation No. 2 Coke Oven 
Battery Underfire Stack EVEL (subparagraph (c)(49)) remains approved, it 
replaces 325 IAC 5-1.
    (i) Incorporation by reference. (A) A letter dated October 6, 1980 
from the State of Indiana Air Pollution Control Board and 325 IAC 5-1, 
Visible Emission Limitations, State promulgated on August 26, 1980.
    (ii) Additional material. (A) February 12, 1985, letter from the 
Technical Secretary of the Air Pollution Control Board committing the 
State to make certain technical changes to 325 IAC 5-1.
    (54) On March 28, 1984, Indiana submitted a revised TSP emission 
limitation for Richmond State Hospital, Wayne County, Indiana. This 
limitation replaces the one in 325 IAC 6-1-14 which was previously 
approved at (c)(34).
    (i) Incorporation by reference. (A) On January 13, 1984, Indiana 
issued to Richmond State Hospital an amendment to operating permit, 89-
04-85-0153, which revised its TSP emission limitations for the four 
boilers to 0.60 lbs/MMBTU with an annual total limit of 452 tons/yr.
    (55) On January 30, 1985, Indiana submitted revised VOC regulations 
325 IAC 8-1.1, 8-2, 8-3, 8-4 and 8-5 to satisfy certain conditions of 
USEPA's approval. Those regulations amended those approved at (c)(33) 
and (c)(34). In addition, the applicability of the regulations was 
extended to cover St. Joseph and Elkhart Counties. USEPA is taking no 
action on changes to 325 IAC 8-1.1-2(f), Methods of Compliance, and the 
repeal of 325 IAC 8-5-6, Perchloroethylene Dry Cleaning, because these 
exempt the compound perchloroethylene from control without the State 
justifying that such exemption is consistent with the Part D reasonably 
available control technology (RACT) requirements.

    Note: If Indiana allows use of a non-USEPA test method in the 
future, its use must be submitted to USEPA as a SIP revision.

    (i) Incorporation by reference. (A) Indiana's Volatile Organic 
Compounds (VOC) RACT I and II regulations, Title 325 Air Pollution 
Control Board:
    (1) 325 IAC 8-1.1, Establishes Volatile Organic Compound Emission 
Limitations. State promulgated on June 21, 1984, and amended November 7, 
1984.

    Note: 325 IAC 8-1.1-4 Test methods andprocedures. If Indiana allows 
use of a non-USEPA test method in the future, its

[[Page 729]]

use must be submitted to USEPA as a SIP revision.

    (2) 325 IAC 8-2 Surface Coating Emission Limitations. State 
promulgated on June 21, 1984, and amended November 7, 1984.
    (3) 325 IAC 8-3 Solvent Metal Cleaning Operating Requirements. State 
promulgated on October 15, 1984, and amended November 7, 1984.
    (4) 325 IAC 8-4 Petroleum Sources. State promulgated on June 21, 
1984, and amended November 7, 1984.
    (5) 325 IAC 8-5 Miscellaneous Operations. State promulgated on June 
21, 1984, and amended November 7, 1984.
    (56) On September 2, 1983, the Indiana Air Pollution Control Board 
(Board) submitted revised emission limitations for Occidental Chemical 
Corporation (OCC), located in Clark County, Indiana. Amendments to these 
operating permits were submitted by the State on December 21, 1983. 
These emission limits replace those approved for OCC (under its former 
name, Hooker Chemical) at (c)(34).
    (i) Incorporation by reference. (A) Indiana Air Pollution Control 
Board Operation Permits:
    (1) Control Number 16113, date issued December 27, 1982.
    (2) Control Number 16114, date issued December 27, 1982.
    (3) Control Number 16115, date issued December 27, 1982.
    (ii) Additional material. (A) OCC corrected emissions dated 
September 13, 1984.
    (B) OCC's new modeled data, dated November 6, 1984.
    (C) State's modeling for OCC and surrounding area, dated July 2, 
1984 and August 7, 1984.
    (57) On October 11, 1983, October 24, 1983, and April 16, 1984, 
Indiana submitted a revised Lake County Total Suspended Particulates 
(TSP) Plan, including regulations 325 IAC 6-1-10.2 and 6-1-11.1. This 
plan is disapproved. See Sec. 52.776(j).
    (58) On November 13, 1984, Indiana submitted 325 IAC 13-2, Motor 
Vehicle Tampering and Fuel Switching.
    (i) Incorporation by reference. (A) Indiana Rule 325 IAC 13-2, 
promulgated by the State on September 24, 1984.
    (59) On March 24, 1986, the State of Indiana submitted a negative 
declaration for synthetic organic chemical manufacturing industry 
(SOCMI) source leaks and oxidation, and for natural gas/gasoline 
processing plants. On April 14, 1986, the State of Indiana submitted a 
negative declaration for manufacturers of high-density polyethylene, 
polypropylene, and polystyrene resins, and for large petroleum dry 
cleaners.
    (i) Incorporation by reference. (A) Letter dated March 24, 1986, 
from Harry D. Williams, Director, Air Pollution Control Division, 
Indiana State Board of Health. Letter dated April 14, 1986, from Walter 
J. Kulakowski, Assistant Commissioner for Air Management, Department of 
Environmental Management.
    (60) On January 18, 1984, Indiana submitted as a revision to the TSP 
SIP certain operating conditions and limits for three coke oven 
batteries at Citizens Gas and Coke Utility in Marion County. The 
operating permits included conditions and limits for Batteries E, H and 
Number One with respect to visible emissions from coke oven doors and 
pushing operations and allowable content of total dissolved solids in 
quench makeup water. EPA disapproves the limit on coke oven door visible 
emissions and total dissolved solids content for quench makeup water on 
Battery Number One, because the limits are inconsistent with that 
battery's Part C Prevention of Significant Deterioration requirements 
and Part D Lowest Achievable Emission Rate requirements. See 
subparagraphs (c)(34) and (c)(42) for further background on actions 
concerning coke oven batteries.
    (i) Incorporation by reference. (A) Certificates of Operation 
Numbers 06895, 06896, and 06897 for Citizens Gas and Coke Utility issued 
by the City of Indianapolis, dated June 30, 1980, with addition of 
operating conditions and emission limits, dated September 12, 1983, as 
adopted by the State on January 4, 1984, and transmitted on January 18, 
1984.
    (ii) Additional information. (A) September 7, 1983, letter from the 
City of Indianapolis to the State concerning quarterly analysis of coke 
quenching makeup water.

[[Page 730]]

    (61) On October 15, 1984, Indiana submitted a revision to the Porter 
County total suspended particulate (TSP) plan, including regulation 325 
IAC 6-6, which was promulgated by Indiana on November 7, 1984. This plan 
is disapproved. See Sec. 52.776(l).
    (62) On March 4, 1985, Indiana submitted a revision to the Marion 
County carbon monoxide (CO) plan. USEPA approved this plan based on 
monitoring and modeling data and a commitment to implement a one-way 
street pair in the Indianapolis central business district. These 
elements demonstrate attainment of the CO National Ambient Air Quality 
Standards by December 31, 1987.
    (i) Incorporation by reference. (A) Marion County CO plan for 
attainment and maintenance of the CO NAAQS from Indianapolis Air 
Pollution Control Division, Sections 1.0, 3.4, 4.1, 4.2, 4.3.1, 4.3.2, 
4.4, 5.1, 5.5.4, 6.1, 6.2.1, 6.2.2, 6.3, and 6.4, dated November 12, 
1984.
    (B) Letter from Indiana forwarding Marion County CO plan to USEPA, 
dated March 4, 1985.
    (ii) Additional material. (A) Portion of additional technical 
information from Indianapolis Air Pollution Control Division, including 
Section 1.0, dated August 28, 1985.
    (B) Letter from Indiana forwarding additional technical information, 
dated October 7, 1985.
    (63) On January 23, 1986, the State submitted revisions to its Stage 
I Gasoline Dispensing regulations, which replace those conditionally 
approved at (c)(33), (c)(35)--Codification only, and (c)(55).
    (i) Incorporation by reference. (A) Letter of January 23, 1986 to 
EPA from the State of Indiana, and Title 325 Air Pollution Control Board 
Rule 325 IAC 8-4-6, Gasoline Dispensing Facilities, which was 
promulgated on January 14, 1986.
    (B) Title 325 Air Pollution Control Board Rule 8-1.1-3, Compliance 
Schedules, subsections (f), (g), and (h), which was promulgated on 
January 14, 1986.
    (64) On January 23, 1986, the State of Indiana submitted to USEPA a 
revision to the Indiana Lead State Implementation Plan in order to 
satisfy the requirements of 40 CFR 51.160 through 51.163 and 51.165(b) 
(formerly 40 CFR 51.18 (a) through (i) and 51.18(k)) for a new source 
review program, USEPA approved this revision for lead new source review 
only.
    (i) Incorporation by reference. (A) Construction and Operating 
Permit Requirements, 325 IAC 2-1.1 promulgated on January 8, 1986.
    (B) Letter of November 17, 1987, to EPA from the Indiana Department 
of Environmental Management.
    (65) On November 30, 1981, Indiana established its air quality 
surveillance network for lead. On November 21, 1983, Indiana notified 
USEPA that Corning Glass was shut down. On February 18, 1987, Indiana 
submitted its regulation to control lead emissions, 325 IAC 15-1.
    (i) Incorporation by reference. (A) 325 IAC 15-1, Lead Emission 
Limitations, effective February 27, 1987.
    (B) Letter of February 18, from the State of Indiana to EPA.
    (ii) Additional material. (A) A November 30, 1981, letter from Harry 
Williams, Technical Secretary, Indiana Air Pollution Control Board 
establishing Indiana's air quality surveillance network for lead.
    (B) A November 21, 1983, letter from Harry Williams, Technical 
Secretary, confirming that the Corning Glass facility in Wells County 
was permanently shut down and had been taken out of the State's emission 
inventory.
    (C) A June 9, 1987, letter from Timothy Method, Acting Assistant 
Commissioner, submitting a general strategy and additional increments of 
progress required of Hammond Lead.
    (66) On October 21, 1987, the State of Indiana submitted 325 IAC 7-
1-3.1, Reporting Requirements and Methods to Determine Compliance, as a 
revision to its SO2 plan. At paragraph (c)(19) of this 
section, USEPA approved/conditionally approved Indiana's SO2 
plan, 325 IAC 7-1, for most areas of the State. However, the emission 
limits in this plan were set aside by the Court of Appeals for the 
Seventh Circuit because USEPA took no action on the State's 30-day 
averaging compliance method in 325 IAC 7-1-3. New compliance method 325 
IAC 7-1-3.1 replaces former 325 IAC 7-1-3. Therefore, with EPA's 
approval of 325 IAC 7-1-3.1, USEPA is reinstating its March 12, 1982, 
approval of Indiana's October 6, 1980, SO2 rule, 325 IAC 7-1-
1,7-

[[Page 731]]

1-2 (except for any emission limits in the below named counties), 7-1-4, 
7-1-5, 7-1-6, and 7-1-7. Other than these general provisions and 325 IAC 
7-1-3.1, USEPA is not acting on or approving today Indiana's 
SO2 plan for Dearborn, Floyd, Gibson, Jefferson, Lake, 
LaPorte, Marion, Morgan, Porter, Sullivan, Vermillion, Vigo, Warrick, 
and Wayne Counties. Indiana recodified 325 IAC 7-1-1 through 7-1-7 to 
326 IAC 7-1-1 through 7-1-7 and submitted the recodified rules on 
November 16, 1988.
    (i) Incorporation by reference. (A) 326 IAC 7-1-1 through 326 7-1-7, 
Sulfur Dioxide Emission Limitations, as published in the April 1, 1988, 
Indiana Register (IR) at 11 IR 2511.
    (67) On February 3, 1988, Indiana submitted its SO2 plan 
for Jefferson, LaPorte, Marion, Sullivan, and Wayne Counties; on March 
23, 1988, it submitted its SO2 plan for Vermillion County; 
and on August 1, 1988, it submitted its SO submitted the same rules in 
its plans for Jefferson, LaPorte, Marion, Sullivan, and Wayne Counties, 
as recodified into Title 326 of the Indiana Administrative Code. These 
plans consist of the provisions and requirements in 326nIAC 7-1 approved 
or reinstated for these counties at paragraph (c)(66), any 
SO2 emission limits in 326 IAC 7-1-2 applicable in these 
counties (as incorporated by reference at (c)(66)(i)(C)), and the site-
specific SO2 emission limits and other requirements in 326 
IAC 7-1-13 (Jefferson County), 326 IAC 7-1-12 (LaPorte County), 326 IAC 
7-1-9 (Marion County), 326 IAC 7-1-14 (Sullivan County), 326 IAC 7-1-15 
(Vermillion County), 326 IAC 7-1-10.1 (Vigo County), and 326 IAC 7-1-11 
(Wayne County).
    (i) Incorporation by reference. (A) 326 IAC 7-1-13, Jefferson County 
Sulfur Dioxide Emission Limitations, as published in the April 1, 1988, 
Indiana Register (IR) at 11 IR 2526.
    (B) 326 IAC 7-1-12, LaPorte County Sulfur Dioxide Emission 
Limitations, as published on April 1, 1988, at 11 IR 2526.
    (C) 326 IAC 7-1-9, Marion County Sulfur Dioxide Emission 
Limitations, as published on April 1, 1988, at 11 IR 2518.
    (D) 326 IAC 7-1-14, Sullivan County Sulfur Dioxide Emission 
Limitations, as published on April 1, 1988, at 11 IR 2526.
    (E) 326 IAC 7-1-15, Vermillion County Sulfur Dioxide Emission 
Limitations, as published on March 1, 1988, at 11 IR 1735.
    (F) 326 IAC 7-1-10.1, Vigo County Sulfur Dioxide Emission 
Limitations, as published on August 1, 1988, at 11 IR 3785.
    (G) 325 IAC 7-1-11, Wayne County Sulfur Dioxide Emission 
Limitations, as published on April 1, 1988, at 11 IR 2525.
    (68) On December 2, 1983, Indiana submitted its transportation 
control plans as an element in its ozone strategy for Lake and Porter 
Counties. Further information was submitted on June 10, 1986.
    (i) Incorporation by reference. (A) Chapter 7, Mobile Source 
Strategies and Reductions, Sections A.1.a, 2, and 3 and Exhibits 7-1 and 
7-3 of Indiana's 1982 ozone and carbon monoxide plan, as adopted by the 
Indiana Air Pollution Control Board at its November 2, 1983, metting.
    (B) [Reserved]
    (ii) Additional material.(A) On June 10, 1986, Indiana submitted a 
May 23, 1986, letter from the Northwestern Indiana Regional Planning 
Commission discussing the Lake and Porter Counties' transportation 
control plans and their implementation.
    (B) [Reserved]
    (69) On December 2, 1983, Indiana submitted its ozone plan for Lake 
and Porter Counties, as adopted by the Indiana Air Pollution Control 
Board on November 2, 1983. On March 2, 1984, Indiana submitted as its 
attainment demonstration for Lake and Porter Counties, Illinois' 
attainment demonstration for the greater Chicago area. The greater 
Chicago attainment demonstration, as submitted by Indiana, and Indiana's 
overall ozone plan for Lake and Porter Counties is disapproved. See 
Sec. Sec. 52.773(i) and 52.777(d). The disapproval does not affect 
USEPA's approval (or conditional approval) of individual parts of 
Indiana'a ozone plan, and they remain approved. See Sec. 52.770(c) 
(20), (21), (29), (33), (38), (39), (55), (58), and (59).
    (70) On February 3, 1988, and August 23, 1988, Indiana submitted its 
lead

[[Page 732]]

plans for Quemetco, Inc., in Indianapolis; Exide Corporation in 
Logansport; C and D Power System in Attica; and General Battery 
Corporation in Frankfort. This included a recodification of its former 
lead rule, 325 IAC 15-1 (40 CFR 52.770(c)(65)), to 326 IAC 15-1 and 
revisions to this rule.
    (i) Incorporation by reference. (A) Title 326--Air Pollution Control 
Board--Indiana Administrative Code (326 IAC) 15-1, Lead Emission 
Limitations, as published in the Indiana Register (IR) on April 1, 1988, 
at 11 IR 2564.
    (B) Corrections of typographical, clerical, or spelling errors to 
the document printed at 11 IR 2368 (Indiana's recodified air rules, 
including 326 IAC 15-1), as published on August 1, 1988, at 11 IR 3921.
    (71) On March 23, 1988, Indiana submitted its SO2 plan 
for Morgan County; on July 12, 1988, it submitted its SO2 
plan for Floyd County, and on November 16, 1988, it submitted its 
SO2 plan for Warrick County. On December 6, 1988, it 
submitted its Warrick County rule as published in the Indiana Register. 
These plans consist of the provisions and requirements in 326 IAC 7-1 
approved or reinstated for these counties at paragraph (c)(66), and 
SO2 emission limits in 326 IAC 7-1-2 applicable in these 
counties (as incorporated by reference at paragraph (c)(66)(i)(C) of 
this section), and the site-specific SO2 emission limits and 
other requirements in 326 IAC 7-1-16 (Floyd County), 326 IAC 7-1-18 
(Morgan County), and 326 IAC 7-1-17 (Warrick County).
    (i) Incorporation by reference. (A) 326 IAC 7-1-16, Floyd County 
Sulfur Dioxide Emission Limitations, as published in the March 1, 1988, 
Indiana Register (IR) at 11 IR 1737.
    (B) 326 IAC 7-1-18, Morgan County Sulfur Dioxide Emission 
Limitations, as published on June 1, 1988, at 11 IR 3018.
    (C) 326 IAC 7-1-17, Warrick County Sulfur Dioxide Emission 
Limitations, as published on December 1, 1988, at 12 IR 553.
    (72) On November 16, 1988, Indiana submitted its SO2 plan 
for Dearborn County; on July 12, 1988, it submitted its SO2 
plan for Gibson County; on November 16, 1988, and December 6, 1988, it 
submitted its SO2 plan for Lake County, and on November 16, 
1988, and December 6, 1988, it submitted its SO2 plan for 
Porter County. These plans consist of the provisions and requirements in 
326 IAC 7-1 approved or reinstated for these counties at paragraph 
(c)(66), any SO2 emission limits in 326 IAC 7-1-2 applicable 
in these counties (as incorporated by reference at paragraph 
(c)(66)(i)(C) of this section, and the site-specific SO2 
emission limits and other requirements in 326 IAC 7-1-20 (Dearborn 
County), 326 IAC 7-1-8.1 (Lake County), 326 IAC 7-1-19 (Gibson County), 
and 326 IAC 7-1-21 (Porter County).
    (i) Incorporation by reference. (A) 326 IAC 7-1-20, Dearborn County 
Sulfur Dioxide Emission Limitations, as published in the August 1, 1988, 
Indiana Register (IR) at 11 IR 3784.
    (B) 326 IAC 7-1-19, Gibson County Sulfur Dioxide Emission 
Limitations, as published on June 1, 1988, at 11 IR 3019.
    (C) 326 IAC 7-1-8.1, Lake County Sulfur Dioxide Emission 
Limitations, as published on November 1, 1988, at 12 IR 262, and 
corrected on December 1, 1988, at 12 IR 597.
    (D) 326 IAC 7-1-21, Porter County Sulfur Dioxide Emission 
Limitations, as published on November 1, 1988, at 12 IR 259, and 
corrected on December 1, 1988, at 12 IR 597.
    (E) 326 IAC 7-1-1, Applicability, as published on December 1, 1988, 
at 12 IR 552.
    (73) [Reserved]
    (74) On July 23, 1987, the Indiana Department of Environmental 
Management submitted to USEPA a request for a site-specific revision to 
Indiana's ozone SIP. This revision consists of compliance date 
extensions until November 7, 1987, for Uniroyal's two fabric coaters and 
four vinyl printers at its Mishawaka plant, located in St. Joseph 
County, Indiana.
    (i) Incorporation by reference. (A) Air pollution Operation Permits 
Numbers: U 2 33-15A, U 2 34-23, U 2 33-14C, U 2 34-3C, U 2 33-16, U 2 
33-18, Date issued December 1, 1988, and Date Expires December 1, 1990.
    (75) [Reserved]
    (76) On October 21, 1987, the State submitted 325 IAC 8-1.1-5, 
Petition for alternative controls, which gives the

[[Page 733]]

provisions and requirements for petitioning for reasonably available 
control technology volatile organic compound plans. On November 16, 
1988, the State submitted this rule recodified as 326 IAC 8-1-5, 
Petition for site-specific reasonably available control technology 
(RACT) plan.
    (i) Incorporation by reference. (A) Title 326 Air Pollution Control 
Board, Indiana Administration Code (IAC) 8-1-5, Petition for site-
specific reasonably available control technology (RACT) plan, as 
published in the April 1, 1988, Indiana Register, at Volume 11 IR 2530. 
Filed with the Secretary of State on March 10, 1988.
    (77) [Reserved]
    (78) On January 18, 1989, and June 23, 1989, Indiana submitted its 
revised lead plan for the HLP-Lead Plant of Hammond Lead Products, Inc. 
in Hammond Indiana. Additionally, minor changes were made to Indiana's 
overall lead rule, 326 IAC 15-1, Lead Emission Limitations.
    (i) Incorporation by reference. (A) Title 326--Air Pollution Control 
Board--Indiana Administrative Code (326 IAC) 15-1, as published in the 
Indiana Register (IR) on July 1, 1989, at 1850. This rule was effective 
for State purposes on July 14, 1989.
    (79) [Reserved]
    (80) On October 15, 1987, the State submitted 325 IAC 8-2-13, Wood 
Furniture and Cabinet Coating, as a portion of its 1982 ozone plan, 
which gives provisions and requirements for controlling volatile organic 
compound (VOC) emissions from sources located in Clark, Floyd, Lake and 
Porter Counties. On November 16, 1988, the State submitted this rule 
recodified as 326 IAC 8-2-12, Wood Furniture and Cabinet Coating.
    (i) Incorporation by reference. (A) Title 326 Air Pollution Control 
Board, Indiana Administrative Code (IAC) 8-2-1, Applicability of rule; 
and 326 IAC 8-2-12, Wood furniture and cabinet coating, as published in 
the April 1, 1988, ``Indiana Register'' (IR), at 11 IR 2536 and 
corrected on March 1, 1989, at 12 IR 1394. Filed with the Secretary of 
State on March 10, 1988.
    (81) On April 11, 1988, the State submitted, as a portion of its 
1982 ozone plan, rules to control volatile organic compound (VOC) 
emissions in Lake and Porter Counties. These rules consist of the 
provisions and requirements in 326 IAC 14-1, General Provisions; 326 IAC 
14-8, Emission Standards for Equipment Leaks; and 326 IAC 14-9, Emission 
Limitations for Benzene from Furnace Coke Oven By-product Recovery 
Plants.
    (i) Incorporation by reference. (A) Amendments to title 326, Air 
Pollution Control Board, Indiana Administrative Code (IAC) 14-1 General 
Provisions; 326 IAC 14-8 Emission Standards for Equipment Leaks; 
(Fugitive Emission Sources); and 326 IAC 14-9 Emission Limitations for 
Benzene from Furnace Coke Oven By-Product Recovery Plants, as published 
in the June 1, 1988, Indiana Register (IR) at 11 IR 3011. Filed with the 
Secretary of State on April 13, 1988.
    (82) [Reserved]
    (83) On January 21, 1981, the State submitted its revised 
Malfunctions Rule 325 IAC 1.1-5. On November 16, 1988, Indiana submitted 
its recodified regulations. This rule was renumbered 326 IAC 1-6, 
Malfunctions.
    (i) Incorporation by reference. (A) Title 326 of the Indiana 
Administrative Code (IAC), Rule 326 IAC 1-6: Malfunctions as published 
in the April 1, 1988, Indiana Register (IR) at 11 IR 2380. Filed with 
the Secretary of State on March 10, 1988.
    (ii) Additional materials. (A) On July 2, 1982, the State submitted 
clarifications of its intent for 325 IAC 1.1-5.
    (84) On October 27, 1989, and January 19, 1990, Indiana submitted 
its vehicle inspection and maintenance plan for Clark, Floyd, Lake, and 
Porter Counties.
    (i) Incorporation by reference. (A) Title 326, Air Pollution Control 
Board, of the Indiana Administrative Code (IAC), Rule 13-1, Motor 
Vehicle Inspection and Maintenance Requirements, Adopted at 13 Indiana 
Register 500, effective January l, 1990.
    (85) On December 2, 1983, Indiana submitted its transportation 
control plan for Clark and Floyd Counties as one element in its ozone 
plan for the area. Additional material was submitted on May 14, 1986.
    (i) Incorporation by reference. (A) Chapter 7, Mobile Source 
Strategies

[[Page 734]]

and Reductions, sections A.1.b and exhibits 7-2 and 7-4, as adopted by 
the Indiana Air Pollution Control Board at its November 2, 1983, 
meeting.
    (ii) Additional material. (A) On May 14, 1986, Indiana submitted an 
April 23, 1986, Letter from Jim Thorne, Transportation Director, 
Kentuckiana Regional Planning and Development Agency, discussing the 
Clark and Floyd Counties portion of the Louisville, Kentucky 
transportation control plan.
    (86) On February 15, 1990, Indiana submitted an amended rule which 
updates the applicable edition of the Code of Federal Regulations from 
the 1987 edition to the 1988 edition.
    (i) Incorporation by reference. (A) Title 326, Air Pollution Control 
Board, Indiana Administrative Code (IAC) 1-1-3, References to the Code 
of Federal Regulations, as published in the February 1, 1990, Indiana 
Register (IR), Volume 13 at IR 867. Filed with the Secretary of State on 
December 14, 1989.
    (87) On October 23, 1990, and August 19, 1991, the Indiana 
Department of Environmental Management submitted regulations adopted by 
the Indiana Air Pollution Control Board as part of title 326 of the 
Indiana Administrative Code and intended incorporation to the Indiana 
ozone plan as part of the stationary source control strategy.
    (i) Incorporation by reference. (A) The following volatile organic 
compound rules adopted by the Indiana Air Pollution Control Board as 
part of title 326 of the Indiana Administrative Code (326 IAC) and 
intended to partially satisfy the requirements of the Clean Air Act.
    (1) Effective October 23, 1988: 326 IAC 8-1-.05 Coating Definition, 
326 IAC 8-2-11 Fabric and Vinyl Coating.
    (2) Effective February 15, 1990: 326 IAC 1-2-48 Non-Photochemically 
Reactive Hydrocarbon Defined; 326 IAC 8-2-5 Paper Coating Operations.
    (3) Effective May 18, 1990: 326 IAC 1-2-18.5 Cold Cleaner Degreaser 
Defined; 326 IAC 1-2-21.5 Conveyorized Degreaser Defined; 326 IAC 1-2-
29.5 Freeboard Height Defined; 326 IAC 1-2-29.6 Freeboard Ratio Defined; 
326 IAC 1-2-49.5 Open Top Vapor Degreaser Defined; 326 IAC 8-2-9 
Miscellaneous Metal Coating Operations; 326 IAC 8-3-1 Organic Solvent 
Degreasing Operations; 326 IAC 8-5-3 Synthesized Pharmaceutical 
Manufacturing Operations; 326 IAC 8-5-5 Graphic Arts Operations.
    (4) Effective June 8, 1990: 326 IAC 8-1-2 Compliance Methods; 326 
IAC 1-2-90 Volatile Organic Compound (VOC) Definition; 326 IAC 8-1-4 
Testing Procedures.
    (5) Effective June 5, 1991: 326 IAC 1-2-14 Coating Line Definition; 
326 IAC 8-1-1 Applicability of Rule; 326 IAC 8-1-2 Compliance Methods; 
326 IAC 8-1-4 Testing Procedures; 326 IAC 8-2-1 Applicability; 326 IAC 
8-3-5 Cold Cleaner Degreaser Operation and Control; 326 IAC 8-3-6 Open 
Top Vapor Degreaser Operation and Control Requirements; 326 IAC 8-3-7 
Conveyorized Degreaser Operation and Control; 326 IAC 8-4-8 Leaks from 
Petroleum Refineries, Monitoring, Reports; 326 IAC 8-5-5 Graphic Arts 
Operations.
    (88) On February 15, 1990, the Indiana Department of Environmental 
Management submitted a request to revise the Indiana State 
Implementation Plan by adding a site specific particulate matter 
revision for Navistar International Transportation Corporation 
(Navistar) gray iron foundry and engine plant in Indianapolis, Indiana.
    (i) Incorporation by reference. (A) Title 326 Air Pollution Control 
Board, Indiana Administrative Code (IAC) 6-1-12 as amended, effective 
January 13, 1990.
    (89) On July 22, 1991, as supplemented on April 18, 1994, the State 
submitted regulations adopted by the Indiana Air Pollution Control Board 
as part of Title 326 of the Indiana Administrative Code for 
incorporation into the Indiana sulfur dioxide State Implementation Plan.
    (i) Incorporation by reference. (A) 326 Indiana Administrative Code 
7-4-12.1: Gibson County sulfur dioxide emission limitations; effective 
December 5, 1990. Published in the Indiana Register, Volume 14, Number 
3, December 1, 1990.
    (90) On March 3, 1989, the Indiana Department of Environmental 
Management submitted a request to revise the Indiana State 
Implementation Plan (SIP) by adding an emission trade or bubble for 
Joseph E. Seagram and Sons which is located in Lawrenceburg, Indiana. 
This requested SIP revision repeals rule 326 Indiana Administrative Code 
(IAC) 6-1-8, adds a new Section, 326 IAC 6-1-8.1, and amends 326 IAC 6-

[[Page 735]]

1-7 to include a reference for the new Section and a recodification of 
the applicable rule.
    (i) Incorporation by reference. (A) Title 326 IAC 6-1-7 as published 
in the Indiana Register Volume 12, Number 6, March 1, 1989, effective 
April 9, 1989.
    (B) Title 326, IAC 6-1-8.1, repeal of 326 IAC 6-1-8 as published in 
the Indiana Register, Volume 12, Number 6, March 1, 1989, effective 
March 1, 1989.
    (91) [Reserved]
    (92) On February 25, 1994, Indiana submitted an employee commute 
option rule intended to satisfy the requirements of section 182(d)(1)(B) 
of the Clean Air Act Amendments of 1990.
    (i) Incorporation by reference. (A) Title 326 of the Indiana 
Administrative Code, Article 19 MOBILE SOURCE RULES, Rule 1, Employee 
Commute Options. Filed with the Secretary of State, October 28, 1993, 
effective November 29, 1993. Published at Indiana Register, Volume 17, 
Number 3, December 1, 1993.
    (93) On February 25, 1994, the Indiana Department of Environmental 
Management requested a revision to the Indiana State Implementation Plan 
in the form of Stage II Vapor Recovery Rules as amendments to Title 326 
of the Indiana Administrative Code (326 IAC) 8-1-0.5 and 8-4-6.
    (i) Incorporation by reference. (A) 326 IAC 8-1-0.5 Definitions and 
8-4-6 Gasoline dispensing facilities. Filed with the Secretary of State 
October 28, 1993, effective November 29, 1993. Published at Indiana 
Register, Volume 17, Number 3, December 1, 1993.
    (94) On February 25, 1994, Indiana requested a revision to the State 
Implementation Plan (SIP) in the form of amendments to Title 326: Air 
Pollution Control Board of the Indiana Administrative Code (326 IAC) 2-
1-1 and 2-1-3 which were intended to satisfy the additional new source 
review requirements of the Clean Air Act Amendments of 1990. The USEPA, 
at this time, is also approving the incorporation of permitting rules 
Recodified as Article 2. Permit Review Rules of 326 IAC into the SIP to 
replace APC 19 which was incorporated into the Indiana SIP at 40 CFR 
52.770 (c)(24).
    (i) Incorporation by reference. (A) Amendments to Title 326 IAC 2-1-
1, 2-1-2, 2-1-3, 2-3-1, 2-3-2, 2-3-3, and 2-3-5. Filed with the 
Secretary of State November 12, 1993, effective December 13, 1993.
    (B) Amendments to Title 326 IAC 2-1-4, 2-1-5, 2-1-6, 2-1-7, 2-1-9, 
2-1-10, 2-1-11, 2-1-12, 2-1-13, 2-3-4. Filed with the Secretary of State 
March 10, 1988, effective April 9, 1988.
    (95) On May 22, 1994, the Indiana Department of Environmental 
Management submitted a request to revise the Indiana State 
Implementation Plan by adding a lead plan for Marion County which 
consists of a source specific revision to Title 326 of the Indiana 
Administrative Code (326 IAC) for Refined Metals.
    (i) Incorporation by reference. (A) Amendments to 326 IAC 15-1-2 
Source-specific provisions. Filed with the Secretary of State March 25, 
1994. Effective April 24, 1994. Published at Indiana Register, Volume 
17, Number 8, May 1, 1994.
    (96) On August 3, 1994 and February 6, 1995, the Indiana Department 
of Environmental Management submitted a requested SIP revision to the 
ozone plan for ozone nonattainment areas.
    (i) Incorporation by reference. (A) Indiana Administrative Code, 
Title 326: Air Pollution Control Board, Article 1: General Provisions, 
Rule 2: Definitions, Section 22.5 ``Department'' definition, Section 
28.5 ``Federally enforceable'' definition, and Section 64.1 ``Reasonably 
available control technology'' or ``RACT'' definition. Added at 18 
Indiana Register 1223-4, effective January 21, 1995.
    (B) Indiana Administrative Code, Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 7: Specific VOC 
Reduction Requirements for Lake, Porter, Clark, and Floyd Counties. 
Added at 18 Indiana Register 1224-9, effective January 21, 1995.
    (97) On October 25, 1994, the Indiana Department of Environmental 
Management requested a revision to the Indiana State Implementation Plan 
in the form of revisions to State Operating Permit Rules intended to 
satisfy Federal requirements for issuing federally enforceable State 
operating permits (FESOP) and thereby exempt certain small emission 
sources from review

[[Page 736]]

under the State's title V operating permit program. This FESOP rule is 
also approved for the purpose of providing federally enforceable 
emissions limits on hazardous air pollutants listed under section 112(b) 
of the Clean Air Act. This revision took the form of an amendment to 
Title 326: Air Pollution Control Board of the Indiana Administrative 
Code (326 IAC) 2-8 Federally Enforceable State Operating Permit Program.
    (i) Incorporation by reference. 326 IAC 2-8 Federally Enforceable 
State Operating Permit Program. Sections 1 through 17. Filed with the 
Secretary of State May 25, 1994. Effective June 24, 1994. Published at 
Indiana Register, Volume 17, Number 10, July 1, 1994.
    (98) On October 25, 1994, the Indiana Department of Environmental 
Management requested a revision to the Indiana State Implementation Plan 
in the form of revisions to State Operating Permit Rules intended to 
allow State permitting authorities the option of integrating 
requirements determined during preconstruction permit review with those 
required under title V. The State's Enhanced New Source Review 
provisions are codified at Title 326: Air Pollution Control Board (326 
IAC) 2-1-3.2 Enhanced New Source Review.
    (i) Incorporation by reference. 326 IAC 2-1-3.2 Enhanced new source 
review. Filed with the Secretary of State May 25, 1994. Effective June 
24, 1994. Published at Indiana Register, Volume 17, Number 10, July 1, 
1994.
    (99) On June 16, 1993, December 9, 1993, September 8, 1994, and 
November 17, 1994, Indiana submitted a part D particulate matter (PM) 
nonattainment area plan for the Lake County moderate nonattainment area.
    (i) Incorporation by reference. (A) Indiana Administrative Code 
Title 326: Air Pollution Control Board, Article 1: General Provisions, 
Rule 2: Definitions, Section 32.1: ``Gooseneck cap'' definition, Section 
34.1: ``Jumper pipe'' definition, Section 62.1: ``Quench car'' 
definition, Section 63.1: ``Quench reservoir'' definition, and Section 
63.2: ``Quench tower'' definition. Added at 16 Indiana Register 2363, 
effective June 11, 1993.
    (B) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 5: Opacity Regulations, Rule 1: Opacity Limitations, 
Section 1: Applicability of rule, Section 2: Visible emissions 
limitations, Section 3: Temporary exemptions, Section 4: Compliance 
determination, Section 5: Violations, and Section 7: State 
implementation plan revisions. Amended at 16 Indiana Register 2363, 
effective June 11, 1993.
    (C) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6: Particulate Rules, Rule 1: Nonattainment Area 
Limitations, Opacity Limitations, Section 10.1: Lake County PM10 
emissions requirements (subsections a through k), Section 10.2: Lake 
County PM10 coke battery emissions requirements, and Section 11.1: Lake 
County fugitive particulate matter control requirements. Added at 16 
Indiana Register 2363, effective June 11, 1993.
    (D) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 11: Emissions Limitations for Specific Types of 
Operations, Rule 3: Coke Oven Batteries, Section 2: Emissions 
limitations (subsections a through f, and i), and Section 4: Compliance 
determination. Amended at 16 Indiana Register 2363, effective June 11, 
1993.
    (100) On August 25, 1995, Indiana submitted a regulation which bans 
residential open burning in Clark, Floyd, Lake, and Porter Counties in 
Indiana. The regulation allows residential open burning, with certain 
restrictions, in other parts of the State, and describes other types of 
open burning which are allowed in Indiana.
    (i) Incorporation by reference. (A) Indiana Administrative Code 
Title 326: Air Pollution Control Board, Article 4: Burning Regulations, 
Rule 1: Open Burning, Section 3: Exemptions. Added at 18 In. Reg. 2408 
Effective June 23, 1995.
    (101) On August 25, 1995, Indiana submitted a regulation which 
reduced the maximum allowable volatility for gasoline sold in Clark and 
Floyd Counties to 7.8 psi during the summer control period. The summer 
control period is June 1, to September 15, for retail outlets and 
wholesale customers, and May 1, to September 15, for all others.

[[Page 737]]

    (i) Incorporation by reference. 326 Indiana Administrative Code 13-3 
Control of Gasoline Reid Vapor Pressure. Sections 1 through 7. Finally 
adopted by the Indiana Air Pollution Control Board January 11, 1995. 
Signed by the Secretary of State July 6, 1995. Effective August 5, 1995. 
Published at Indiana Register, Volume 18, Number 11, August 1, 1995.
    (102) On June 6, 1995, and on September 28, 1995 the Indiana 
Department of Environmental Management submitted State Implementation 
Plan (SIP) revisions establishing an enhanced inspection and maintenance 
(I/M) program in accordance with the requirements of the Clean Air Act 
as amended in 1990. The new enhanced I/M program replaces the basic I/M 
programs in operation in Lake, Porter, Clark, and Floyd Counties. The 
Air Pollution Control Board adopted new rule 326 IAC 13-1.1 and repealed 
existing 326 IAC 13-1, thereby putting in place a revised I/M program.
    (i) Incorporation by reference. (A) 326 Indiana Administrative Code 
13-1.1 adopted April 5, 1995, effective October 1, 1995.
    (ii) Other material. (A) June 6, 1995 letter and enclosures from the 
Indiana Department of Environmental Management (IDEM) Commissioner to 
the Regional Administrator of the United States Environmental Protection 
Agency (USEPA) submitting Indiana's revision to the ozone State 
Implementation Plan (SIP).
    (B) September 28, 1995 letter and enclosures from the IDEM Assistant 
Commissioner to the Regional Administrator of USEPA submitting 
supplemental vehicle inspection and maintenance SIP revision information 
and documentation.
    (103) On August 25, 1995, the State submitted regulations adopted by 
the Indiana Air Pollution Control Board as part of title 326 of the 
Indiana Administrative Code for incorporation into the Indiana sulfur 
dioxide State Implementation Plan.
    (i) Incorporation by reference. (A) 326 Indiana Administrative Code 
7-4-13(3); Dearborn County sulfur dioxide emission limitations; 
effective May 18, 1995. Published in the Indiana Register, Volume 18, 
Number 9, June 1, 1995.
    (104) On December 20, 1995, and February 14, 1996, Indiana submitted 
a Clean-Fuel Fleet Program for Lake and Porter Counties as a revision to 
the State Implementation Plan.
    (i) Incorporation by reference. 326 Indiana Administrative Code 19-3 
Clean Fuel Fleet Vehicles, Sections 1 through 7. Adopted by the Indiana 
Air Pollution Control Board October 4, 1995. Signed by the Secretary of 
State December 19, 1995. Effective January 18, 1996. Published at 
Indiana Register, Volume 19, Number 5, February 1, 1996.
    (105) On October 25, 1994, the Indiana Department of Environmental 
Management submitted a requested revision to the Indiana State 
Implementation Plan in the form of Source Specific Operating Agreement 
(SSOA) regulations. The SSOA regulations are intended to limit the 
potential to emit for a source to below the threshold level of Title V 
of the Clean Air Act. This revision took the form of an amendment to 
title 326: Air Pollution Control Board of the Indiana Administrative 
Code (326 IAC) 2-9-1, 2-9-2(a), 2-9-2(b), and 2-9-2(e) Source Specific 
Operating Agreement Program.
    (i) Incorporation by reference. 326 Indiana Administrative Code 2-9. 
Sections 1, 2(a), 2(b), and 2(e). Adopted by the Indiana Air Pollution 
Control Board March 10, 1994. Signed by the Secretary of State May 25, 
1994. Effective June 24, 1994. Published at Indiana Register, Volume 17, 
Number 10, July 1, 1994.
    (106) On September 19, 1995, and November 8, 1995, Indiana submitted 
automobile and mobile equipment refinishing rules for Clark, Floyd, 
Lake, and Porter Counties as a revision to the State Implementation 
Plan. This rule requires suppliers and refinishers to meet volatile 
organic compound content limits or equivalent control measures for 
coatings used in automobile and mobile equipment refinishing operations 
in the four counties, as well as establishing certain coating applicator 
and equipment cleaning requirements.
    (i) Incorporation by reference. 326 Indiana Administrative Code 8-
10: Automobile refinishing, Section 1: Applicability, Section 2: 
Definitions, Section 3: Requirements, Section 4: Means to

[[Page 738]]

limit volatile organic compound emissions, Section 5: Work practice 
standards, Section 6: Compliance procedures, Section 7: Test procedures, 
Section 8: Control system operation, maintenance, and monitoring, and 
Section 9: Record keeping and reporting. Adopted by the Indiana Air 
Pollution Control Board June 7, 1995. Filed with the Secretary of State 
October 3, 1995. Published at Indiana Register, Volume 19, Number 2, 
November 1, 1995. Effective November 2, 1995.
    (107) On August 8, 1995, Indiana submitted a site specific SIP 
revision request for Richmond Power and Light in Wayne County Indiana. 
The submitted revisions provide for revised particulate matter and 
opacity limitations on the number 1 and number 2 coal fired boilers at 
Richmond Power and Light's Whitewater Generating Station. The revisions 
also allow for time weighted averaging of stack test results at Richmond 
Power and Light to account for soot blowing. Indiana is making revisions 
to 326 IAC 3-2-1, which currently allows Indiana to authorize 
alternative emission test methods for Richmond Power and Light. Until 
the rule is revised to remove this authority, and approved by the United 
States Environmental Protection Agency, no alternate emission test 
method, changes in test procedures or alternate operating load levels 
during testing is to be granted to Richmond Power and Light.
    (i) Incorporation by reference. Indiana Administrative Code Title 
326: Air Pollution Control Board, Article 3: Monitoring Requirements, 
Rule 2.1: Source Sampling Procedures, Section 5: Specific Testing 
Procedures; Particulate Matter; Sulfur Dioxide; Nitrogen Oxides; 
Volatile Organic Compounds; Article 5: Opacity Regulations, Rule 1: 
Opacity Limitations, Section 2: Visible Emission Limitations; and 
Article 6: Particulate Rules, Rule 1: Nonattainment Area Limitations, 
Section 14: Wayne County. Added at 18 In. Reg. 2725. Effective July 15, 
1995.
    (ii) Additional information. (A) August 8, 1995 letter from the 
Indiana Department of Environmental Management to USEPA Region 5 
regarding submittal of a state implementation plan revision for Richmond 
Power and Light.
    (108) On August 29, 1995, Indiana submitted a site specific SIP 
revision request for Allison Engine Company in Marion County, Indiana. 
The revision provides limits of 0 tons per year for boilers 2 and 11, 
which have shut down. The hourly mass limits remain unchanged at 0.337 
pounds per million British Thermal Units (lbs/MMBTU) for boilers 1-4 of 
plant 5, 0.15 lbs/MMBTU for boilers 3-6 of plant 8, and 0.15 lbs/MMBTU 
for boilers 7-10 of plant 8. The rule provides for a combined limit of 
130.0 tons per year for the boilers mentioned above, as well as new 
limits on the types and amounts of fuel which may be burned at the 
boilers, and a recordkeeping requirement to document compliance.
    (i) Incorporation by reference. Indiana Administrative Code Title 
326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: 
Nonattainment Area Limitations, Section 12: Marion County. Added at 19 
In. Reg. 186. Effective November 3, 1995.
    (109) On October 25, 1994, and April 29, 1997, the Indiana 
Department of Environmental Management requested a revision to the 
Indiana State Implementation Plan in the form of revisions to the 
General Provisions and Permit Review Rules intended to update and add 
regulations which have been effected by recent SIP revisions, and to 
change regulations for streamlining purposes. This revision took the 
form of an amendment to Title 326: Air Pollution Control Board of the 
Indiana Administrative Code (326 IAC) 1-1 Provisions Applicable 
Throughout Title 326, 1-2 Definitions, 1-6 Malfunctions, 2-1 
Construction and Operating Permit Requirements.
    (i) Incorporation by reference. 326 IAC 1-1-2 and 1-1-3. 326 IAC 1-
2-2, 1-2-4, 1-2-12, 1-2-33.1, and 1-2-33.2. 326 IAC 1-6-1. 326 IAC 2-1-
1, 2-1-3, and 2-1-10. Adopted by the Indiana Air Pollution Control Board 
March 10, 1994. Filed with the Secretary of State May 25, 1994. 
Effective June 24, 1994. Published at Indiana Register, Volume 17, 
Number 10, July 1, 1994.
    (110) On November 21, 1995, and February 14, 1996, Indiana submitted 
Municipal Solid Waste (MSW) Landfill rules for Clark, Floyd, Lake, and 
Porter Counties as a revision to the State

[[Page 739]]

Implementation Plan. This rule requires MSW landfills that emit greater 
than fifty-five tons per day of non-methane organic compound, or that 
have a minimum design capacity of one hundred eleven thousand tons (one 
hundred thousand megagrams) of solid waste, to install a landfill gas 
collection and control system that either incinerates the gas or 
recovers the gas for energy use.
    (i) Incorporation by reference. 326 Indiana Administrative Code 8-8 
Municipal Solid Waste Landfills, Section 1 Applicability, Section 2 
Definitions, Section 3 Requirements; incorporation by reference of 
federal standards, Section 4 Compliance deadlines. Adopted by the 
Indiana Air Pollution Control Board July 12, 1995. Filed with the 
Secretary of State December 19, 1995. Published at Indiana Register, 
Volume 19, Number 5, February 1, 1996. Effective January 18, 1996.
    (111) On November 21, 1995, and February 14, 1996, Indiana submitted 
a rule for the control of volatile organic compound emissions from 
volatile organic liquid storage operations in Clark, Floyd, Lake, and 
Porter Counties.
    (i) Incorporation by reference. 326 Indiana Administrative Code 8-9: 
Volatile Organic Liquid Storage Vessels, Section 1: Applicability, 
Section 2: Exemptions, Section 3: Definitions, Section 4: Standards, 
Section 5: Testing and procedures, Section 6: Record keeping and 
reporting requirements. Adopted by the Indiana Air Pollution Control 
Board May 3, 1995. Filed with the Secretary of State December 19, 1995. 
Published at Indiana Register, Volume 19, Number 5, February 1, 1996. 
Effective January 18, 1996.
    (112) [Reserved]
    (113) On February 13, 1996, and June 27, 1996, Indiana submitted 
rules for the control of volatile organic compound emissions from 
shipbuilding and ship repair operations in Clark, Floyd, Lake, and 
Porter Counties as a revision to the State Implementation Plan.
    (i) Incorporation by reference. 326 Indiana Administrative Code 8-
12: Shipbuilding or Ship Repair operations in Clark, Floyd, Lake, and 
Porter Counties, Section 1: Applicability, Section 2: Exemptions, 
Section 3: Definitions, Section 4: Volatile organic compound emissions 
limiting requirements, Section 5: Compliance requirements, Section 6: 
Test methods and procedures, and Section 7: Record keeping, 
notification, and reporting requirements. Adopted by the Indiana Air 
Pollution Control Board September 6, 1995. Filed with the Secretary of 
State April 1, 1996. Published at Indiana Register, Volume 19, Number 8, 
May 1, 1996. Effective May 1, 1996.
    (114) On November 21, 1995, and February 14, 1996, Indiana submitted 
regulations for wood furniture coating operations in Clark, Floyd, Lake, 
and Porter Counties as a revision to the State Implementation Plan for 
ozone.
    (i) Incorporation by reference. 326 Indiana Administrative Code 8-11 
Wood Furniture Coatings, Section 1 Applicability, Section 2 Definitions, 
Section 3 Emission limits, Section 4 Work practice standards, Section 5 
Continuous compliance plan, Section 6 Compliance procedures and 
monitoring requirements, Section 7 Test procedures, Section 8 
Recordkeeping requirements, Section 9 Reporting requirements, Section 10 
Provisions for sources electing to use emission averaging. Adopted by 
the Indiana Air Pollution Control Board May 3, 1995. Filed with the 
Secretary of State December 5, 1996. Published at Indiana Register, 
Volume 19, Number 5, February 1, 1996. Effective January 4, 1996.
    (115) [Reserved]
    (116) On September 20, 1996 the Indiana Department of Environmental 
Management submitted a request to revise the Indiana State 
Implementation Plan by adding parachlorobenzotrifluoride (PCBTF), 
cyclic, branched or linear completely methylated siloxanes and acetone 
to the definition of ``nonphotochemically reactive hydrocarbon,'' and by 
deleting ``vegetable oil'' from a list of compounds not considered to be 
volatile organic compounds (VOC) from the definition of VOC (thus 
including ``vegetable oil'' as a ``VOC'').
    (i) Incorporation by reference. (A) 326 IAC 1-2-48 
``nonphotochemically reactive hydrocarbon''. Sections 48(a)(22) 
``parachlorobenzotrifluoride'' and (23) ``cyclic, branched, or linear 
completely methylated siloxanes.'' 326 IAC 1-2-90 ``volatile organic 
compound (VOC)''

[[Page 740]]

definition. Section 90. Published in Indiana Register, Volume 19, Number 
1, October 1, 1995, page 29. Filed with the Secretary of State September 
5, 1995, effective October 5, 1995.
    (B) 326 IAC 1-2-48 ``nonphotochemically reactive hydrocarbon.'' 
Section 48(a)(24) ``acetone'' (CAS Number 67-64-1). Published in Indiana 
Register, Volume 19, Number 10, July 1, 1996, page 2856. Filed with the 
Secretary of State, May 13, 1996, effective June 12, 1996.
    (117) [Reserved]
    (118) On July 12, 1995, Indiana submitted as a revision to the State 
Implementation Plan construction permits CP 019-2110, CP 019-2696, and 
CP 019-4362, issued under Indiana rule 326 IAC 2-1. The permits 
establish volatile organic compound control requirements for Rhodes 
Incorporated's heatset web offset printing presses.
    (i) Incorporation by reference. Construction Permit CP 019-2110, 
issued and effective October 15, 1991; Construction Permit CP 019-2696, 
issued and effective December 18, 1992; Construction permit CP 019-4362, 
issued and effective April 21, 1995.
    (119) Approval--On October 2, 1996, the State of Indiana submitted a 
State Implementation Plan revision request to eliminate references to 
total suspended particulates (TSP) while maintaining the existing 
opacity requirements. The SIP revision became effective July 19, 1996. 
The SIP revision request satisfies all applicable requirements of the 
Clean Air Act.
    (i) Incorporation by reference. 326 Indiana Administrative Code 5-1: 
Opacity Limitations, Section 1: Applicability of Rule, Section 2: 
Visible emission limitations. Adopted by the Indiana Air Pollution 
Control Board April 3, 1996. Filed with the Secretary of State June 19, 
1996. Published at the Indiana Register, Volume 19, Number 11, August 1, 
1996 (19 IR 3049). Effective July 19, 1996.
    (120) On August 26, 1996, Indiana submitted a rule requiring an 
oxides of nitrogen (NOX) reasonably available control 
technology (RACT) rule for the Clark and Floyd Counties moderate ozone 
nonattainment area as a revision to the State Implementation Plan.
    (i) Incorporation by reference. 326 Indiana Administrative Code 10: 
Nitrogen Oxides Rules. Rule 1: Nitrogen Oxides Control in Clark and 
Floyd Counties. Section 1: Applicability, Section 2: Definitions, 
Section 3: Requirements, Section 4: Emission limits, Section 5: 
Compliance procedures, Section 6: Emissions monitoring, and Section 7: 
Certification, record keeping, and reports. Adopted by the Indiana Air 
Pollution Control Board February 7, 1996. Filed with the Secretary of 
State May 13, 1996. Published at Indiana Register, Volume 19, Number 10, 
July 1, 1996. Effective June 12, 1996.
    (121) On January 23, 1997, the Indiana Department of Environmental 
Management submitted a revision to the State Implementation Plan (SIP) 
for the general conformity rules. The general conformity SIP revision 
enables the State of Indiana to implement and enforce the Federal 
general conformity requirements in the nonattainment and maintenance 
areas at the State and local level in accordance with 40 CFR part 51, 
subpart W--Determining Conformity of General Federal Actions to State or 
Federal Implementation Plans.
    (i) Incorporation by reference. 326 Indiana Administrative Code 16-
3: General Conformity, Section 1: Applicability; incorporation by 
reference of Federal standards. Adopted by the Indiana Air Pollution 
Control Board April 3, 1996. Filed with the Secretary of State June 6, 
1996. Published at the Indiana Register, Volume 19, Number 11, August 1, 
1996 (19 IR 3050). Effective July 6, 1996.
    (122) On July 24, 1997, Indiana submitted rules requiring record 
keeping and reporting requirements for graphic arts sources of volatile 
organic compounds and amended source applicability requirements for 
graphic arts sources located in Lake and Porter Counties as a revision 
to the State Implementation Plan.
    (i) Incorporation by reference. (A) 326 IAC 8-1-9 General record 
keeping and reporting requirements. 326 IAC 8-1-10 Compliance 
certification, record keeping, and reporting requirements for certain 
coating facilities using compliant coatings. 326 IAC 8-1-11 Compliance 
certification, record keeping, and reporting requirements for certain 
coating facilities using daily weighted averaging. 326 IAC 8-1-12 
Compliance

[[Page 741]]

certification, record keeping, and reporting requirements for certain 
coating facilities using control devices. Adopted by the Indiana Air 
Pollution Control Board November 6, 1996. Filed with the Secretary of 
State April 22, 1997. Published at Indiana Register, Volume 20, Number 
9, June 1, 1997. Effective May 22, 1997.
    (B) 326 IAC 8-5-5 Graphic arts operations. Adopted by the Indiana 
Air Pollution Control Board November 6, 1996. Filed with the Secretary 
of State April 22, 1997. Published at Indiana Register, Volume 20, 
Number 9, June 1, 1997. Effective May 22, 1997.
    (123) On July 9, 1997, Indiana submitted a site specific SIP 
revision request for the University of Notre Dame in Saint Joseph 
County, Indiana. The submitted revision amends 326 IAC 6-1-18, and 
provides for revised particulate matter and heat input limitations on 
the five boilers at Notre Dame's power plant.
    (i) Incorporation by reference. Indiana Administrative Code Title 
326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: 
Nonattainment Area Limitations, Section 18: St. Joseph County. Added at 
20 In. Reg. 2299. Effective May 22, 1997.
    (124) On February 3, 1999, and May 17, 2000, Indiana submitted 
revised particulate matter emissions regulations for Allison 
Transmission in Marion County, Indiana. The submittal amends 326 IAC 6-
1-12, and includes the combination of annual emissions limits for 5 
boilers into one overall limit as well as new recordkeeping 
requirements.
    (i) Incorporation by reference. Emissions limits and recordkeeping 
requirements for Allison Transmission in Marion County contained in 
Indiana Administrative Code Title 326: Air Pollution Control Board, 
Article 6: Particulate Rules, Rule 1: Nonattainment Area Limitations, 
Section 12: Marion County. Added at 22 In. Reg. 416. Effective October 
16, 1998.
    (125) On April 6, 1999, Indiana submitted amended rules for the 
control of volatile organic compound emissions from vehicle refueling in 
Clark, Floyd, Lake, and Porter Counties as a revision to the State 
Implementation Plan.
    (i) Incorporation by reference. 326 Indiana Administrative Code 8-1: 
General Provisions, Section 0.5: Definitions and 326 Indiana 
Administrative Code 8-4: Petroleum Sources, Section 6: Gasoline 
Dispensing Facilities. Adopted by the Indiana Air Pollution Control 
Board May 3, 1995. Filed with the Secretary of State September 18, 1995. 
Published at Indiana Register, Volume 19, Number 2, November 1, 1995. 
Effective October 18, 1995.
    (126) On August 18, 1999, Indiana submitted amendments to the 
State's automobile refinishing rule for Lake, Porter, Clark, and Floyd 
Counties.
    (i) Incorporation by reference. 326 Indiana Administrative Code 8-
10: Automobile Refinishing, Section 1: Applicability, Section 5: Work 
practice standards, Section 6: Compliance procedures, Section 9: 
Recordkeeping and reporting. Adopted by the Indiana Air Pollution 
Control Board February 4, 1998. Filed with the Secretary of State July 
14, 1998. Published at Indiana Register, Volume 21, Number 12, page 
4518, September 1, 1998. Effective August 13, 1998.
    (127) On August 18, 1999, Indiana submitted rules for controlling 
Volatile Organic Compound (VOC) emissions in Vanderburgh County. The 
rules contain control requirements for Stage I gasoline vapor recovery 
equipment, and a requirement for automobile refinishers to use special 
coating application equipment (automobile refinishing spray guns) to 
reduce VOC.
    (i) Incorporation by reference. (A) 326 Indiana Administrative Code 
8-4: Petroleum Sources, Section 1: Applicability, Subsection (c). 
Adopted by the Indiana Air Pollution Control Board November 4, 1998. 
Filed with the Secretary of State April 23, 1999. Published at Indiana 
Register, Volume 22, Number 9, June 1, 1999. Effective May 23, 1999.
    (B) 326 Indiana Administrative Code 8-10: Automobile Refinishing, 
Section 1: Applicability, Section 3: Requirements. Adopted by the 
Indiana Air Pollution Control Board November 4, 1998. Filed with the 
Secretary of State April 23, 1999. Published at Indiana Register, Volume 
22, Number 9, June 1, 1999. Effective May 23, 1999.
    (128) [Reserved]

[[Page 742]]

    (129) On May 18, 1999, the Indiana Department of Environmental 
Management submitted revised site-specific lead emission limits for 
Hammond Group--Halstab Division located in Hammond (Lake County), 
Indiana. The revised emission limits are expressed as pounds-per-hour 
limits ranging from 0.04 to 0.07 applicable to sixteen separate 
emissions points. The revised emission limits will result in the 
reduction of total allowable lead emissions from 31,546 pounds per year 
as provided for in the current federally-approved State Implementation 
Plan to 6,832.8 pounds per year.
    (i) Incorporation by reference. (A) Indiana Administrative Code 326: 
Air Pollution Control Board, Article 15 Lead, Rule 1 Lead Emissions 
Limitations, Section 2--Source Specific Provisions, subsection (a), 
subdivision 7, clauses (A) through (G). Amended at 22 Indiana Register 
1427, effective February 5, 1999.
    (130) On February 3, 1999, Indiana submitted a site specific SIP 
revision request for the Central Soya Company, Incorporated, Marion 
County, Indiana. The submitted revision amends 326 IAC 6-1-12(a), and 
provides for revised particulate matter emission totals for a number of 
source operations at the plant. The revision reflects the closure of 
nine operations and the addition of five new ones, resulting in a net 
reduction in particulate matter emissions.
    (i) Incorporation by reference. The entry for Central Soya Company, 
Incorporated contained in Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 6: Particulate Rules, Rule 1: 
Nonattainment Area Limitations, Section 12: Marion County. Subsection 
(a) amended at 22, Indiana Register 416, effective October 16, 1998.
    (131) On April 6, 1999, Indiana submitted rules for the control of 
volatile organic compound emissions from steel mill sinter plant 
operations in Lake and Porter Counties as a revision to the State 
Implementation Plan.
    (i) Incorporation by reference.
    326 Indiana Administrative Code 8-13: Sinter Plants. Adopted by the 
Indiana Air Pollution Control Board March 4, 1998. Filed with the 
Secretary of State June 24, 1998. Published at Indiana Register, Volume 
21, Number 11, August 1, 1998. Effective July 24, 1998.
    (132) On February 3, 1999, Indiana submitted revised particulate 
matter emissions regulations for Dubois County, Indiana. The submitted 
revision amends 326 IAC 6-1-9, and includes relaxation of some PM 
limits, the elimination of limits for boilers which are no longer 
operating, updated facility names, and changes to boiler fuel types.
    (i) Incorporation by reference. Indiana Administrative Code Title 
326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: 
Nonattainment Area Limitations, Section 9: Dubois County. Added at 22 
In. Reg. 423. Effective October 18, 1998.
    (133) On November 22, 1999, Indiana submitted revised particulate 
matter emissions regulations for Indianapolis Power and Light Company in 
Marion County, Indiana. The submittal amends 326 IAC 6-1-12, and 
includes relaxation of some PM limits, tightening of other limits, and 
the elimination of limits for several boilers which are no longer 
operating. The revisions also include the combination of annual 
emissions limits for several boilers, and correction of a typographical 
error in one limit.
    (i) Incorporation by reference. Emissions limits for Indianapolis 
Power and Light in Marion County contained in Indiana Administrative 
Code Title 326: Air Pollution Control Board, Article 6: Particulate 
Rules, Rule 1: Nonattainment Area Limitations, Section 12: Marion 
County, subsection (a). Added at 22 In. Reg. 2857. Effective May 27, 
1999.
    (134) On February 3, 1999, the State of Indiana submitted a revision 
to particulate matter limitations for the Lever Brothers facility in 
Lake County. On December 28, 1999, Indiana submitted revisions to 
particulate matter and sulfur dioxide limitations for NIPSCo's Dean 
Mitchell Station.
    (i) Incorporation by reference. (A) Title 326 of the Indiana 
Administrative Code (326 IAC) 6-1-10.1 (d)(28) and (d)(33), filed with 
the Secretary of State on May 13, 1999, effective June 12, 1999. 
Published at Indiana Register Volume 22, Number 10, July 1, 1999 (22 IR 
3047).

[[Page 743]]

    (B) Title 326 of the Indiana Administrative Code (326 IAC) 7-4-1.1 
(c)(17), filed with the Secretary of State on May 13, 1999, effective 
June 12, 1999. Published at Indiana Register Volume 22, Number 10, July 
1, 1999 (22 IR 3070).
    (135) On January 1, 2000, Indiana submitted revised opacity limits 
for three processes at ALCOA Warrick Operations. The revised limits 
allow higher opacity emissions during fluxing operations at three 
casting complexes. This action does not change mass emissions limits for 
these sources.
    (i) Incorporation by reference. (A) Modifications to Operating 
Permits OP 87-07-91-0112 thru 0116: Permit I.D. 173-10913, Issued on 
October 1, 1999, to ALCOA, Inc.--Warrick Operations. Effective October 
1, 1999.
    (B) Modifications to Operating Permit OP 87-07-91-0113: Permit I.D. 
173-11414, Issued on December 15, 1999, to ALCOA, Inc.--Warrick 
Operations. Effective December 15, 1999.
    (136) On August 30, 1999, and May 17, 2000, Indiana submitted 
revised particulate matter and sulfur dioxide emissions regulations for 
National Starch in Marion County, Indiana. The submittal amends 326 IAC 
6-1-12, and includes elimination of shut down sources from the rules, 
increases in some limits, and a decrease in one limit.
    (i) Incorporation by reference.
    (a) Emissions limits for National Starch in Marion County contained 
in Indiana Administrative Code Title 326: Air Pollution Control Board, 
Article 6: Particulate Rules, Rule 1: Nonattainment Area Limitations, 
Section 12: Marion County. Added at 22 In. Reg. 1953. Effective March 
11, 1999.
    (b) Emissions limits for National Starch in Marion County contained 
in Indiana Administrative Code Title 326: Air Pollution Control Board, 
Article 7: Sulfur Dioxide Rules, Rule 4: Emission Limitations and 
Requirements by County, Section 2: Marion County Sulfur Dioxide Emission 
Limitations. Added at 22 In. Reg. 1953. Effective March 11, 1999.
    (138) On August 2, 2000, Indiana submitted revised total suspended 
particulate emissions regulations for Illinois Cereal Mills, 
Incorporated in Marion County, Indiana. The submittal amends 326 IAC 6-
1-12(a). It includes an increase in the annual particulate matter limit 
from 0.7 tons per year (TPY) to 1.0 TPY for a boiler and a decrease in 
the annual limit from 6.3 TPY to 6.0 TPY for a grain elevator.
    (i) Incorporation by reference.
    Emissions limits for Illinois Cereal Mills, Incorporated in Marion 
County contained in Indiana Administrative Code Title 326: Air Pollution 
Control Board, Article 6: Particulate Rules, Rule 1: Non-attainment Area 
Limitations, Section 12: Marion County, subsection (a). Filed with the 
Secretary of State on May 26, 2000 and effective on June 25, 2000. 
Published in 23 Indiana Register 2414 on July 1, 2000.
    (139) On December 30, 1999, Indiana submitted revised total 
suspended particulate emissions regulations for Johns Manville 
Corporation in Wayne County. The submittal appends 326 IAC 6-1-14. It 
includes raising seven long-term emissions limits, lowering one short-
term limit, removing one emissions source, and a name change for the 
company. The long-term limits are being raised to allow to facility to 
operate 8760 hours annually. Switching fuel for a boiler allows its 
short-term limit to be decreased. One emissions source was removed from 
this facility. The Johns Manville, Wayne County, facility was formerly 
known as Schuller International, Incorporated.
    (i) Incorporation by reference.
    Emissions limits for Johns Manville Corporation in Wayne County 
contained in Indiana Administrative Code Title 326: Air Pollution 
Control Board, Article 6: Particulate Rules, Rule 1: Non-attainment Area 
Limitations, Section 14: Wayne County. Filed with the Secretary of State 
on September 24, 1999, and effective on October 24, 1999. Published in 
23 Indiana Register 301 on November 1, 1999.
    (140) On August 31, 2000, Indiana submitted revised particulate 
matter emissions regulations for Rolls-Royce Allison in Marion County, 
Indiana. The submittal amends 326 IAC 6-1-12(a). It includes a name 
change for the company from the Allison Engine Company to Rolls-Royce 
Allison and the addition of an alternate fuel, landfill gas. Landfill 
gas can be used in boilers 1 through 4 of plant 5 and boilers 3, 4, and 
7

[[Page 744]]

through 10 of plant 8. These state implementation plan revisions do not 
change the particulate matter emissions limits.
    (i) Incorporated by reference. Amendments to Indiana Administrative 
Code Title 326: Air Pollution Control Board, Article 6: Particulate 
Rules, Rule 1: Non-attainment Area Limitations, Section 12: Marion 
County, subsection (a). Filed with the Secretary of State on May 26, 
2000 and effective on June 25, 2000. Published in 23 Indiana Register 
2419 on July 1, 2000.
    (141) On February 16, 2001 Indiana submitted revised particulate 
matter emissions regulations for Cerestar USA, Inc. The submittal amends 
326 IAC 6-1-10.1, and includes the elimination of 18 emission points, 
the addition of 39 new emission points, and a change in the way the 
short-term emission limits are expressed (from pounds of particulate 
matter per ton of product to grains per dry standard cubic feet). The 
revision also changes the name of the facility listed in the rules from 
American Maize Products (Amaizo) to Cerestar USA, Inc.
    (i) Incorporation by reference. Emissions limits for Cerestar USA, 
Inc. in Lake County contained in Indiana Administrative Code Title 326: 
Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: 
Nonattainment Area Limitations, Section 10.1: Lake County 
PM10 emission requirements. Added at 24 In. Reg. 1308. 
Effective January 13, 2001.
    (142) On June 8, 2000 the Indiana Department of Environmental 
Management submitted a State Implementation Plan (SIP) revision amending 
certain provisions of the Indiana vehicle inspection and maintenance (I/
M) program in operation in Lake, Porter, Clark, and Floyd Counties. 
Among the most significant changes being made to the program include: 
the exemption of the current calendar year model vehicle plus the (3) 
previous model years vehicles from emission testing; the inclusion of 
language that allows the use of the IM93 alternative vehicle emission 
test currently being used in the program; language that updates the 
requirement to test vehicles equipped with second generation on-board 
diagnostics systems (OBDII); and the elimination of the off-cycle test, 
which is the emission test currently required when there is a change in 
possession of motor vehicle titles. The Air Pollution Control Board 
amended 326 IAC 13-1.1 and repealed 326 IAC 13-1.1-17, thereby putting 
in place the revisions to the I/M program.
    (i) Incorporation by reference. (A) 326 Indiana Administrative Code 
13-1.1 adopted December 2, 1998, effective January 22, 1999.
    (ii) Other material. (A) June 8, 2000 letter and enclosures from the 
Indiana Department of Environmental Management (IDEM) Commissioner to 
the Regional Administrator of the United States Environmental Protection 
Agency (USEPA) submitting Indiana's revision to the ozone State 
Implementation Plan (SIP).
    (143) On November 15, 2000, the State submitted rules to reduce 
volatile organic compound emissions from cold cleaning degreasing.
    (i) Incorporation by reference. 326 Indiana Administrative Code 8-3: 
Organic Solvent Degreasing Operations, Section 1, Applicability, and 
Section 8, Material Requirements for Cold Cleaning Degreasers. Final 
adoption by the Indiana Air Pollution Control Board on November 4, 1998. 
Filed with the Secretary of State on April 27, 1999. Effective May 27, 
1999. Published at Indiana Register, Volume 22, Number 9, June 1, 1999.
    (144) On August 20, 2001 and September 19, 2001, Indiana submitted a 
plan in response to Phase I of the NOX SIP Call. The plan 
includes Indiana's Phase I NOX Budget Demonstration and 
supporting documentation including initial unit allocations and two new 
rules: 326 IAC 10-3 and 326 IAC 10-4.
    (i) Incorporation by reference. (A) Indiana Administrative Code 
Title 326: Air Pollution Control Board, Article 10; Ozone rules, Rule 3: 
Nitrogen Oxide Reduction Program for Specific Source Categories (326 IAC 
10-3). Adopted June 6, 2001. Submitted August 20, 2001 and September 19, 
2001. State effective September 16, 2001.
    (B) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 10; Ozone rules, Rule 4: Nitrogen Oxides Budget Trading 
Program

[[Page 745]]

(326 IAC 10-4). Adopted June 6, 2001. Submitted August 20, 2001 and 
September 19, 2001. State effective September 16, 2001.
    (145) Indiana submitted on December 17, 1997, as part of the 9% Rate 
of Progress Plan, an agreed order between U.S. Steel and the Indiana 
Department of Environmental Management. Section 3 of Exhibit E requires 
U.S. Steel to establish a coke plant process water treatment plant at 
its Gary Works.
    (i) Incorporation by reference. (A) Section 3 of Exhibit E of the 
March 22, 1996, Agreed Order between U.S. Steel (currently USX 
Corporation) and the Indiana Department of Environmental Management.
    (146) On October 21, 1999, Indiana submitted revised state opacity 
regulations. The submittal amends 326 IAC 5-1-1, 5-1-2, 5-1-3, 5-1-4(b), 
and 5-1-5(b). The revisions address provisions concerning the startup 
and shutdown of operations, averaging period terminology, temporary 
exemptions, alternative opacity limits, and conflicts between continuous 
opacity monitor and visual readings.
    (i) Incorporation by reference. Opacity limits for Indiana contained 
in Indiana Administrative Code Title 326: Air Pollution Control Board, 
Article 5: Opacity Regulations. Filed with the Secretary of State on 
October 9, 1998 and effective on November 8, 1998. Published in 22 
Indiana Register 426 on November 1, 1998.
    (ii) Additional material. Letter of October 10, 2001, from Janet 
McCabe, Indiana Department of Environmental Management, Assistant 
Commissioner of the Office of Air Quality, to Stephen Rothblatt, US EPA 
Region 5, Chief of Air Programs Branch. The letter adds the technical 
justification and air quality analysis required for alternate opacity 
limits.
    (147) On February 1, 2002, Indiana submitted its Prevention of 
Significant Deterioration rules as a revision to the State 
implementation plan.
    (i) Incorporation by reference. (A) Title 326 of the Indiana 
Administrative Code, Rules 2-2-1, 2-2-2, 2-2-3, 2-2-4, 2-2-5, 2-2-6, 2-
2-7, 2-2-9, 2-2-12, and 2-2-14. Filed with the Secretary of State on 
December 20, 2001, effective January 19, 2002.
    (B) Title 326 of the Indiana Administrative Code, Rules 2-2-8, 2-2-
10, 2-2-11, 2-2-13, 2-2-15 and 2-2-16. Filed with the Secretary of State 
on March 23, 2001, effective April 22, 2001.
    (C) Title 326 of the Indiana Administrative Code, Rules 2-1.1-6 and 
2-1.1-8. Filed with the Secretary of State on November 25, 1998, 
effective December 25, 1998. Errata filed with the Secretary of State on 
May 12, 1999, effective June 26, 1999.
    (148) On August 8, 2001, the State submitted rules to incorporate by 
reference Federal capture efficiency test methods. The submittal amends 
326 IAC 8-1-4.
    (i) Incorporation by reference.
    Title 326: Air Pollution Control Board; Article 8: Volatile Organic 
Compound Rules; Rule 1: General Provisions; Section 4: Testing 
procedures. Filed with the Secretary of State on June 15, 2001 and 
effective on July 15, 2001. Published in 24 Indiana Register 3619 on 
August 1, 2001.
    (149) [Reserved]
    (150) On July 18, 2000 the Indiana Department of Environmental 
Management submitted a State Implementation Plan (SIP) revision amending 
certain provisions of Indiana's gasoline transport testing requirements 
with additional material submitted on January 11, 2002 and March 13, 
2002. The Air Pollution Control Board amended 326 IAC 8-4-7 and 326 IAC 
8-4-9 and added 326 IAC 20-10.
    (i) Incorporation by reference. (A) 326 Indiana Administrative Code 
8-4-7; 8-4-9; and 20-10-01 adopted May 5, 1999, effective November 5, 
1999.
    (ii) Additional materials. (A) July 18, 2000 letter and enclosures 
from the Indiana Department of Environmental Management (IDEM) 
Commissioner to the Regional Administrator of the United States 
Environmental Protection Agency (EPA) submitting Indiana's revision to 
the ozone SIP.
    (B) January 11, 2002 letter and enclosures from IDEM to EPA 
submitted as an addendum to the July 18, 2000 revision to the ozone SIP.
    (C) March 13, 2002 letter and enclosures from IDEM to EPA submitted 
as an addendum to the July 18, 2000 revision to the ozone SIP.

[[Page 746]]

    (151) On March 5, 2002, the Indiana Department of Environmental 
Management requested a revision to the Indiana State Implementation Plan 
in the form of revisions to the Permit Review Rules intended to add 
regulations to assure that construction permit conditions exist 
independently of title V permits. This revision took the form of an 
amendment to Title 326: Air Pollution Control Board of the Indiana 
Administrative Code (326 IAC) 2-1.1-9.5 General Provisions; Term of 
Permit.
    (i) Incorporation by reference. (A) Indiana Administrative Code 
Rules 326 IAC 2-1.1-9.5. Adopted by the Indiana Air Pollution Control 
Board October 3, 2001. Filed with the Secretary of State December 20, 
2001. Effective January 19, 2002. Published at Indiana Register, Volume 
25, Number 5, February 1, 2002.
    (152) On December 19, 2001, Indiana submitted revised Particulate 
Matter (PM) control requirements. A March 17, 2003 letter from Indiana 
clarified what portions of the original submission the State was seeking 
revisions for. EPA is approving revisions for certain natural gas 
combustion sources in Indiana and various cleanup revisions to Indiana's 
PM rules. One revision eliminates PM emissions limits on specified 
natural gas combustion sources and replaces the limits with a 
requirement that such sources may only burn natural gas. The submission 
also contains many cleanup provisions such as eliminating limits for 
sources which have shut down and updating names of sources.
    (i) Incorporation by reference. (A) Indiana Administrative Code 
(IAC) Title 326: Air Pollution Control Board, Article 6: Particulate 
Rules, Rule 1: Nonattainment Area Limitations, IAC 6-1-1.5: Definitions; 
IAC 6-1-2: Particulate emission limitations; fuel combustion steam 
generators, asphalt concrete plant, grain elevators, foundries, mineral 
aggregate operations; modification by commissioner; IAC 6-1-3: Non-
attainment area particulate limitations; compliance determination; IAC 
6-1-4: Compliance schedules; IAC 6-1-5: Control strategies; IAC 6-1-6: 
State Implementation Plan revisions; IAC 6-1-8.1: Dearborn County 
particulate matter emissions limitations; IAC 6-1-9: Dubois County; IAC 
6-1-10.1: Lake County PM10 emission requirements, Subsections 
(a) through (k); IAC 6-1-11.1: Lake County fugitive particulate matter 
control requirements; IAC 6-1-12: Marion County; IAC 6-1-13: Vigo 
County; IAC 6-1-14: Wayne County; IAC 6-1-15: Howard County; IAC 6-1-16: 
Vanderburgh County; IAC 6-1-17: Clark County; and, IAC 6-1-18: St. 
Joseph County. Adopted by the Indiana Air Pollution Control Board August 
1, 2001. Filed with the Secretary of State November 8, 2001. Published 
in the Indiana Register, Volume 25, Number 3, December 1, 2001 at 709. 
State effective December 8, 2001.
    (B) Indiana Administrative Code (IAC) Title 326: Air Pollution 
Control Board, Article 6: Particulate Rules, Rule 1: Non-attainment Area 
Limitations, 6-1-1: Applicability. Adopted by the Indiana Air Pollution 
Control Board August 1, 2001. Filed with the Secretary of State November 
8, 2001. Published in the Indiana Register, Volume 25, Number 3, 
December 1, 2001 at 709. State effective, December 8, 2001. Amended by 
Errata filed with the Secretary of State January 10, 2002. Published in 
the Indiana Register, Volume 25, Number 5, February 1, 2002 at 1644. 
State effective, February 24, 2002. And amended by Errata filed with the 
Secretary of State October 2, 2002. Published in the Indiana Register, 
Volume 26, Number 2, November 1, 2002 at 383. State effective, November 
16, 2002.
    (153) On April 30, 2002 and September 6, 2002, Indiana submitted 
revised particulate matter regulations for Union Tank Car's railcar 
manufacturing facility in Lake County, Indiana. The submittal amends 326 
IAC 6-1-10.1. The revisions consist of relaxing the limits for the grit 
blaster. The new limits are 0.01 grains per dry standard cubic foot and 
9.9 pounds per hour.
    (i) Incorporation by reference.
    Amendments to Indiana Administrative Code Title 326: Air Pollution 
Control Board, Article 6: Particulate Rules, Rule 1: Non-attainment Area 
Limitations, Section 10.1: Lake County PM10 emission 
requirements. Filed with the Secretary of State on July 26, 2002 and 
effective on August 25, 2002. Published in 25 Indiana Register 4076 on 
September 1, 2002.

[[Page 747]]

    (154) On August 08, 2001, Indiana submitted revised volatile organic 
Compound control requirements for certain facilities in the Indiana 
shipbuilding and ship repair industry. This submittal changes the 
individual and plantwide coating exemption levels and makes revisions to 
the compliance requirements, test methods and recordkeeping 
requirements. On October 1, 2002, Indiana submitted a letter providing 
its interpretation of certain of the above requirements.
    (i) Incorporation by reference. (A) Indiana Administrative Code 
Title 326: Air Pollution Control Board, Article 8: Volatile Organic 
Compounds, Rule 12: Shipbuilding or Ship Repair Operations in Clark, 
Floyd, Lake, and Porter Counties, Section 2: Exemptions, Section 4: 
Volatile organic compound emissions limiting requirements, Section 5: 
Compliance requirements, Section 6: Test methods and procedures, Section 
7: Recordkeeping, notification, and reporting requirements. Adopted by 
the Indiana Air Pollution Control Board on February 7, 2001. Filed with 
the Secretary of State June 15, 2001, effective July 15, 2001.
    (B) An October 1, 2002, letter from the Indiana Department of 
Environmental Management which provides background information on its 
shipbuilding and ship repair rule revisions and its interpretation of 
certain of these requirements.
    (155) On October 17, 2002, the State submitted revised particulate 
matter emission limits for the Knauf Fiber Glass in Shelby County for 
incorporation into the Indiana SIP.
    (i) Incoropration by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 11 Emission Limitations for Specific Types of Operations, 
Rule 4 Fiberglass Insulation Manufacturing, Paragraph 5 Shelby County 
(326 IAC 11-4-5). Adopted by the Indiana Air Pollution Control Board on 
May 1, 2002. Filed with the Secretary of State on August 28, 2002. 
Published in the Indiana Register, Volume 26, Number 1, October 1, 2002, 
effective September 27, 2002.
    (156) On April 3, 2000 the State submitted a revision to Indiana's 
State Implementation Plan to allow the Department of the Navy use of 
military specification coatings containing volatile organic compound 
(VOC) control requirements with content up to 5.45 pounds of VOC per 
gallon of coating less water for the projectile renovations operations 
in Building 2728 at the Naval Surface Warfare Center, Crane Division.
    (i) Incorporation by reference. (A) Part 70 Significant Source 
Modification No.: 101-11153-00005 as issued by the Indiana Air Pollution 
Control Board on October 12, 1999.
    (157) On December 19, 2001, and February 11, 2004, Indiana submitted 
revised volatile organic compound (VOC) emissions regulations for Eli 
Lilly and Company in Marion County. The submission provides alternate 
VOC control requirements for reactors, vacuum dryers, centrifuges, and 
filters in the pilot plant. The alternate control requirements are being 
approved under site-specific Reasonably Available Control Technology 
standards.
    (i) Incorporation by reference. (A) Commissioner's Order 
2003-02 as issued by the Indiana Department of Environmental 
Management on February 11, 2004.
    (158) On October 21, 2002 and January 10, 2003, Indiana submitted 
revised volatile organic compound regulations for dip and flow coating 
operations. The revisions include replacing daily compliance with a 
rolling thirty day average and adding new equivalent emission limits.
    (i) Incorporation by reference. Amendments to Indiana Administrative 
Code Title 326: Air Pollution Control Board, Article 8: Volatile Organic 
Compound Rules, Rule 1: General Provisions, Section 2: Compliance 
Methods. Filed with the Secretary of State on November 15, 2002, and 
effective on December 15, 2002. Published in 26 Indiana Register 1073 on 
January 1, 2003.
    (159) On January 31, 2003, Indiana submitted revised particulate 
matter regulations for Richmond Power and Light Company's coal burning 
power plant in Wayne County, Indiana. The submission amends 326 IAC 6-1-
14. The revisions make the long-term emission limits consistent with the 
short-term limits approved by EPA on April 9, 1996. The new limits are 
320 tons per

[[Page 748]]

years for boiler number 1 and 700 tons per years for boiler number 2.
    (i) Incorporation by reference. Amendments to Indiana Administrative 
Code Title 326: Air Pollution Control Board, Article 6: Particulate 
Rules, Rule 1: Non-attainment Area Limitations, Section 14: Wayne County 
PM emission requirements. Filed with the Secretary of State on March 10, 
2003 and effective on April 9, 2003. Published in 26 Indiana Register 
2318-19 on April 1, 2003.
    (160) On July 9, 2002, Indiana submitted revised process weight rate 
rules as a requested revision to the Indiana State Implementation Plan. 
The changes clarify rule applicability, correct errors in the process 
weight rate table, allow sources to substitute work standard practices 
instead of the process weight rate table. They clarify the definitions 
of particulate and particulate matter. They also reduce duplicative 
recordkeeping.
    (i) Incorporation by reference. (A) Indiana Administrative Code 
Title 326: Air Pollution Control Board, Article 6: Particulate Rules 
Rule 3: Particulate Emission Limitations for Manufacturing Process. 6-3-
1 Applicability, 6-3-1.5 Definitions and 6-3-2 Particulate emission 
limitations, work practices, and control technologies. Adopted by the 
Indiana Air Pollution Control Board on February 6, 2002. Filed with the 
Secretary of State May 13, 2002, effective June 12, 2002.
    (161) On October 30, 2002 and January 10, 2003, the Indiana 
Department of Environmental Management submitted revisions to Chapter 
326 IAC 4-2 and 9-1 of the Indiana Administrative Code (IAC), an 
incineration plan for selected sources in Indiana, with a request that 
the Indiana State Implementation Plan be revised to include these 
amended carbon monoxide and particulate matter rules.
    (i) Incorporation by reference. (A) Indiana rule: 326 IAC 4-2-1 and 
326 IAC 4-2-2 (particulate matter), published at Indiana Register, 
January 1, 2003, 26 IR 1070, with an effective date of December 15, 
2002.
    (B) Indiana rule: 326 IAC 9-1-1 and 326 IAC 9-1-2 (carbon monoxide), 
published at Indiana Register, January 1, 2003, 26 IR 1072, with an 
effective date of December 15, 2002.
    (162) On January 7, 2003 the Indiana Department of Environmental 
Management submitted a State Implementation Plan (SIP) revision amending 
certain provisions of Indiana's 326 IAC 8-2-9 (Miscellaneous metal 
coating operations) and 326 IAC 13-3-1 (Applicability, Control of 
gasoline Reid vapor pressure).
    (i) Incorporation by reference. (A) 326 Indiana Administrative Code 
8-2-9; and 13-3-1 adopted August 7, 2002, effective December 15, 2002.
    (ii) Additional materials. (A) January 7, 2003 letter and enclosures 
from the Indiana Department of Environmental Management (IDEM) 
Commissioner to the Regional Administrator of the United States 
Environmental Protection Agency (EPA) submitting Indiana's revisions to 
the ozone SIP.
    (163) On June 26, 2003, the Indiana Department of Environmental 
Management (IDEM) submitted revisions to 326 IAC 10-3 (NOX 
Reduction Program for Specific Source Categories) and 326 IAC 10-4 
(NOX Budget Trading Program) of the Indiana Administrative 
Code (IAC). Also, on August 4, 2003, IDEM submitted a letter containing 
the Legislative Service Agency Document 00-54(F) as published 
in the Indiana Register on August 1, 2003, 26 IR 3550, containing the 
legal and approving signatures. The revised rules change the Indiana 
Phase I NOX budget to 233,548 tons per ozone season for 2007.
    (i) Incorporation by reference. (A) Indiana Pollution Control Board 
rules: 326 IAC 10-3-1 and 326 IAC 10-4-1, 10-4-2, 10-4-9, 10-4-10, 10-4-
13, 10-4-14 and 10-4-15. Adopted by the Indiana Pollution Control Board 
on May 7, 2003. Filed with the Secretary on July 7, 2003. Published at 
Indiana Register Volume 26, Number 11, August 1, 2003 (26 IR 3550). 
Effective August 6, 2003.
    (164) On June 13, 2003, and as supplemented on October 3, 2003, 
Indiana submitted a State Implementation Plan (SIP) revision for the 
control of emissions of particulate matter (PM10) in the 
state of Indiana. Revisions to 326 IAC 6-1-10.1 and 326 IAC 6-1-10.2 
amend the PM10 emission limits at U.S. Steel-Gary Works and 
U.S. Steel-Gary Coke Operations, located in Lake County, Indiana, and 
should result in decreased

[[Page 749]]

PM10 emissions of approximately 350 tons per year.
    (i) Incorporation by reference. The following sections of the 
Indiana Administrative Code are incorporated by reference.
    (A) Amendments to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 6: Particulate Rules, Rule 1: Non-
attainment Area Limitations, Section 10.1: Lake County PM10 
emission requirements. Filed with the Secretary of State on August 6, 
2003 and effective on September 5, 2003. Published at Indiana Register, 
Volume 27, Number 1, October 1, 2003 (27 IR 61).
    (B) Amendments to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 6: Particulate Rules, Rule 1: Non-
attainment Area Limitations, Section 10.2: Lake County PM10 
coke battery emission requirements. Filed with the Secretary of State on 
August 6, 2003 and effective on September 5, 2003. Published at Indiana 
Register, Volume 27, Number 1, October 1, 2003 (27 IR 85).
    (165) On January 16, 2004 Indiana submitted revised Prevention of 
Significant Deterioration rules as a revision to the Indiana State 
Implementation Plan.
    (i) Incorporation by reference. (A) Amendments to the Indiana 
Administrative Code, Title 326: Air Pollution Control Board; Article 2: 
Permit Review Rules; Rule 2: Prevention of Significant Deterioration 
(PSD) Requirements; Section 2-2-1 Definitions; Section 2-2-6 Increment 
consumption; requirements; and Section 2-2-12 Permit rescission. Filed 
with the Secretary of State on March 9, 2004, effective April 8, 2004. 
Published at 27 Indiana Register 2216; April 1, 2004.
    (166)-(167) [Reserved]
    (168) On October 7, 2004, Indiana submitted a request revision to 
particulate matter and sulfur dioxide emission limits as an amendment to 
its State Implementation Plan. The particulate matter and sulfur dioxide 
emission limits were deleted for the five boilers removed from the 
Pfizer, Incorporated facility in Vigo County, Indiana. These limits were 
listed in 326 Indiana Administrative Code (IAC) 6-1-13 and 326 IAC 7-4-
3.
    (i) Incorporation by reference. Indiana Administrative Code Title 
326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: 
County Specific Particulate Limitations, Section 13: Vigo County and 
Title 326: Air Pollution Control Board, Article 7: Sulfur Dioxide Rules, 
Rule 4: Emission Limitations and Requirements by County, Section 3: Vigo 
County Sulfur Dioxide Emission Limitations. Filed with the Secretary of 
State on August 31, 2004 and effective September 30, 2004. Published in 
28 Indiana Register 115-18 on October 1, 2004.
    (169) On December 22, 2004, Indiana submitted a request to revise 
the volatile organic compound requirements for Transwheel Corporation of 
Huntington County, Indiana. EPA is approving the oil cover as an 
equivalent control device under 326 Indiana Administrative Code 8-3-5 
(a)(5)(C).
    (i) Incorporation by reference. (A) Commissioner's Order 
2004-04 as issued by the Indiana Department of Environmental 
Management on December 22, 2004.
    (170) The Indiana Department of Environmental Management submitted 
revisions to Indiana's State Implementation plan on February 18, 2005, 
February 21, 2005, and April 8, 2005. Revisions to 326 IAC 1-2-52, 326 
IAC 1-2-82.5, and 326 IAC 1-3-4 amend the definition of ``particulate 
matter'' to include the definition of PM2.5 and amends the 
section that specifies the national ambient air quality standards. 
Revisions to 326 IAC 1-1-3 and 326 IAC 1-1-6 update the references to 
the Code of Federal Regulations (CFR) from the 2000 edition to the 2002 
edition and add ``credible evidence provisions'' into state rules 
consistent with federal requirements, respectively.
    (i) Incorporation by reference. The following sections of the 
Indiana Administrative Code are incorporated by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 1: General Provisions, Rule 2: Definitions, Section 52: 
`` `Particulate matter' '' defined,'' Section 52.2: `` 
`PM2.5' defined,'' Section 52.4:`` `PM10' 
defined,'' Section 82.5: `` `Total suspended particulate' or `TSP' 
defined.'' Indiana Administrative Code Title 326:

[[Page 750]]

Air Pollution Control Board, Article 1: General Provisions, Rule 3: 
Ambient Air Quality Standards, Section 4: ``Ambient air quality 
standards.'' Filed with the Secretary of State on December 20, 2004 and 
effective on January 19, 2005. Published at Indiana Register, Volume 28, 
Number 5, February 1, 2005 (28 IR 1471-1473).
    (B) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 1: General Provisions, Rule 1: Provisions Applicable 
Throughout Title 326, Section 3: ``References to the Code of Federal 
Regulations.'' Filed with the Secretary of State on August 26, 2004 and 
effective on September 25, 2004. Published at Indiana Register, Volume 
28, Number 1, October 1, 2004 (28 IR 17).
    (C) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 1: General Provisions, Rule 1: Provisions Applicable 
Throughout Title 326, Section 6: ``Credible evidence.'' Filed with the 
Secretary of State on February 14, 2005 and effective on March 16, 2005. 
Published at Indiana Register, Volume 28, Number 7, April 1, 2005 (28 IR 
2045).
    (171) On April 8, 2005, Indiana submitted final adopted revisions 
for the Dearborn County sulfur dioxide emission limitations in 326 IAC 
7-4-13 as a requested revision to the Indiana state implementation plan. 
EPA is approving these revisions, which remove obsolete rule language 
for Indiana Michigan Tanners Creek Station and update information for 
other companies listed in the rule.
    (i) Incorporation by reference. (A) Indiana Administrative Code 
Title 326: Air Pollution Control Board, Article 7: Sulfur Dioxide Rules, 
Rule 4: Emission Limitations and Requirements by County, Section 13: 
Dearborn County Sulfur Dioxide Emission Limitations. Filed with the 
Secretary of State on February 14, 2005, and effective March 16, 2005. 
Published in the Indiana Register on April 1, 2005 (28 IR 2021).
    (172) On April 8, 2005, and as supplemented on July 6, 2005, Indiana 
submitted a State Implementation Plan (SIP) revision for the control of 
sulfur dioxide (SO2) emissions in Lake County, Indiana. The 
SIP revision submitted by the Indiana Department of Environmental 
Management (IDEM) amends 326 Indiana Administrative Code (IAC) Article 
7. Indiana's revised SO2 rule consists of changes to 326 IAC 
7-4 which sets forth facility-specific SO2 emission 
limitations and recordkeeping requirements for Lake County. The rule 
revision also reflects updates to company names, updates to emission 
limits currently in permits, deletion of facilities that are already 
covered by natural gas limits, and other corrections and updates. Due to 
changes in section numbers, references to citations in other parts of 
the rule have also been updated.
    (i) Incorporation by reference. (A) Amendments to Indiana 
Administrative Code Title 326: Air Pollution Control Board, Article 7 
SULFUR DIOXIDE RULES, Rule 1.1 Sulfur Dioxide Emission Limitations, 
sections 326 IAC 7-1.1-1, ``Applicability'', 326 IAC 7-1.1-2 ``Sulfur 
Dioxide Emission Limitations'', and 326 IAC 7-2-1 ``Reporting 
Requirements: Methods to Determine Compliance''; newly created 326 IAC 
7-4.1, ``Lake County Sulfur Dioxide Emission Limitations'', adopted by 
the Indiana Air Pollution Control Board on March 2, 2005. Filed with the 
Secretary of State May 25, 2005, effective June 24, 2005.
    (173) The Indiana Department of Environmental Management submitted 
amendments to Indiana's State Implementation Plan on September 1, 2005. 
The amendments include the repeal of 326 IAC 6-1, which is replaced with 
new articles 326 IAC 6.5, ``Particulate Matter Limitations for all 
Counties Except Lake County'' and 326 IAC 6.8, ``Particulate Matter 
Limitations for Lake County.''
    (i) Incorporation by reference. The following sections of the 
Indiana Administrative Code are incorporated by reference.
    (A) Amendments to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 6.5 Particulate Matter Limitations 
Except Lake County, and Article 6.8 Particulate Matter Limitations For 
Lake County. Adopted by the Indiana Air Pollution Control Board on May 
4, 2005. Filed with the Secretary of State on August 10, 2005

[[Page 751]]

and effective on September 9, 2005. Published at Indiana Register, 
Volume 28, Number 12, September 1, 2005 (3454).
    (174) [Reserved]
    (175) On December 15, 2005, Indiana submitted revised particulate 
matter (PM10) regulations for ASF Keystone, Inc. in Lake 
County. The emission limit for the small coil manufacturing unit is 
increased while the limits for the medium and large coil manufacturing 
units are decreased. The result of these revisions is a net decrease in 
PM10 emission limits. The emission limits for miscellaneous 
coil manufacturing are removed because the unit no longer operates. EPA 
also removed the process weight rate emission limits for the four units.
    (i) Incorporation by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.8: Particulate Matter Limitations for Lake County, Rule 
2: Lake County: PM10 Emission Requirements, Section 4: ASF 
Keystone, Inc.-Hammond. Filed with the Secretary of State on October 20, 
2005 and effective November 19, 2005. Published in 29 Indiana Register 
794 on December 1, 2005.
    (176) On December 21, 2005, Indiana submitted revised regulations to 
the EPA. 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 
326 IAC 1-2-48 and these compounds are deleted from the list of VOCs in 
326 IAC 1-2-90. Companies producing or using the four compounds will no 
longer need to follow the VOC rules for these compounds. The 
requirements in 326 IAC 1-2-48 and 1-2-90 were also modified 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.
    (i) Incorporation by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 1: General Provisions, Rule 2: Definitions, Section 48: 
```Nonphotochemically reactive hydrocarbon' or `negligibly 
photochemically reactive compounds' defined'', and Section 90: `` 
`Volatile organic compound' or `VOC' defined''. Filed with the Secretary 
of State on October 20, 2005 and effective November 19, 2005. Published 
in 29 Indiana Register 795-797 on December 1, 2005.(177) The Indiana 
Department of Environmental Management submitted revisions to Indiana's 
State Implementation plan on December 21, 2005, and June 27, 2006. 
Revisions to 326 IAC 1-3-4 provide consistency between State (326 IAC 1-
3-4) and Federal (40 CFR 50.3) reference conditions for measurements of 
particulate matter air quality; and amendments to 326 IAC 1-1-3 update 
the references to the Code of Federal Regulations (CFR) from the 2002 
edition to the 2004 edition.
    (i) Incorporation by reference. The following sections of the 
Indiana Administrative Code are incorporated by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 1: General Provisions, Rule 1: Provisions Applicable 
Throughout Title 326, Section 3: References to the Code of Federal 
Regulations. Filed with the Secretary of State on October 14, 2005 and 
effective on November 13, 2005. Published at Indiana Register, Volume 
29, Number 3, December 1, 2005 (29 IR 795).
    (B) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 1: General Provisions, Rule 3: Ambient Air Quality 
Standards, Section 4: Ambient Air Quality Standards. Filed with the 
Secretary of State on March 6, 2006 and effective on April 5, 2006. 
Published at Indiana Register, Volume 29, Number 7, April 1, 2006 (29 IR 
2179).
    (178) On August 25, 2006, Indiana submitted final adopted revisions 
to its emission reporting requirement rules as a revision to the Indiana 
State Implementation Plan.
    (i) Incorporation by reference. Indiana Administrative Code Title 
326: Air Pollution Control Board, Article 2: Permit Review Rules, Rule 6 
Emission Reporting, Section 1: Applicability, Section 3: Compliance 
schedule, and Section 4:

[[Page 752]]

Requirements. Approved by the Attorney General June 29, 2006. Approved 
by the Governor July 13, 2006. Filed with the Publisher July 14, 2006. 
Published on the Indiana Register Web site August 9, 2006, Document 
Identification Number (DIN):20060809-IR-326050078FRA. Effective August 
13, 2006.
    (179) On July 17, 2006, Indiana submitted final adopted revisions, 
which add 326 IAC 8-1-6 (3)(B) and (C), to its VOC rules for new 
facilities in 326 IAC 8-1-6 as a requested revision to the Indiana state 
implementation plan. EPA is approving these revisions, which exempt boat 
manufacturers subject to NESHAPS for boat manufacturing, or reinforced 
plastics composites manufacturers subject to NESHAPS for reinforced 
composites production facilities, from the requirement to do a best 
available control technology analysis provided they comply with the 
applicable NESHAPS.
    (i) Incorporation by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 1: General 
Provisions, Section 6: New facilities; general reduction requirements. 
Final adopted by the Air Pollution Control Board on March 1, 2006. Filed 
with the Secretary of State on May 25, 2006, and became effective June 
23, 2006. Published in the Indiana Register on July 1, 2006 (29 IR 
3350).
    (180) On November 1, 2005, and supplemented on March 20, 2007, the 
State of Indiana submitted a source specific revision to its state 
implementation plan for control of particulate matter in Title 326 of 
the Indiana Administrative Code (IAC), Rule 6.5-7, Section 13, which 
contains particulate matter emission limits for Holy Cross Services 
Corporation, to reflect current operating conditions of the boilers at 
St. Mary's College, located in Notre Dame, Indiana. The revision in 326 
IAC 6.5-7-13 also changes the source name from St. Mary's to Holy Cross 
Services Corporation (Saint Mary's Campus).
    (i) Incorporation by reference. Indiana Administrative Code Title 
326: Air Pollution Control Board, Article 6.5: PM Limitations Except 
Lake County, Rule 7: St. Joseph County, Section 13: Holy Cross Services 
Corporation (Saint Mary's Campus). Approved by the Attorney General 
January 18, 2007. Approved by the Governor January 23, 2007. Filed with 
the Publisher January 26, 2007. Published on the Indiana Register Web 
site February 14, 2007, Document Identification Number (DIN):20070214-
IR-326060121FRA. Effective February 25, 2007.
    (181) On September 2, 2004, Indiana submitted modifications to its 
Prevention of Significant Deterioration and nonattainment New Source 
Review rules as a revision to the state implementation plan. On October 
25, 2005, and January 17, 2007, Indiana submitted revisions to the 
September 2, 2004 submittal.
    (i) Incorporation by reference.
    (A) Title 326 of the Indiana Administrative Code, Rules 2-1.1-7, 2-
2-1(a) through (l), 2-2-1(n) through (kk), 2-2-1(mm) through (tt), 2-2-
1(uu)(1) through (4), 2-2-1(vv) through (aaa), 2-2-2(a) through (d)(4), 
2-2-2(d)(6) through (e), 2-2-2(g) through (i), 2-2-3, 2-2-4, 2-2-5(a), 
2-2-5(c) through (e), 2-2-6, 2-2-8, 2-2.4, 2-3-1(a) through (i), 2-3-
1(k) through (ff), 2-3-1(hh) through (uu), 2-3-2(a) through (c)(4), 2-3-
2(c)(6) through (k), 2-3-2(m), 2-3-3(a) through (b)(11), 2-3-3(b)(14), 
2-3.4, 2-5.1-4. Filed with the Secretary of State on August 10, 2004, 
effective September 10, 2004. Published in the Indiana Register on 
September 1, 2004 (27 IR 3887).
    (182)On March 30, 2007, Indiana submitted final adopted revisions, 
which amend 326 IAC 8-5-1, concerning rule applicability, and add 326 
IAC 8-5-6, fuel grade ethanol production at dry mills, to its VOC rules 
as a requested revision to the Indiana state implementation plan. By 
letter of December 19, 2007, Indiana stated that it would be acceptable 
to measure the concentration limits in 326 IAC 8-5-6 using EPA Method 
25(a) expressed as equivalent ethanol with the calibration gas being a 
mixture of ethanol in air. EPA is approving these revisions, authorizing 
Indiana to establish an industry-specific State BACT standard for fuel 
grade ethanol production at dry mill facilities that emit 25 tons or 
more of VOC per year.
    (i) Incorporation by reference. The following sections of the 
Indiana Administrative Code (IAC) are incorporated

[[Page 753]]

by reference. 326 IAC 8-5-1, ``Applicability of Rule'', and 326 IAC 8-5-
6 ``Fuel Grade Ethanol Production at Dry Mills''. Approved by the 
Attorney General February 16, 2007. Approved by the Governor February 
16, 2007. Filed with the Publisher February 20, 2007. Published on the 
Indiana Register Web site March 21, 2007, Document Identification Number 
(DIN):20070321-IR-326050197FRA. Effective March 22, 2007.
    (ii) Additional materials. A December 19, 2007, letter from Daniel 
Murray, Assistant Commissioner of the Indiana Department of 
Environmental management, Office of Air Quality, which states that it 
would be acceptable to measure the concentration limits in 326 IAC 8-5-6 
using EPA Method 25(a) expressed as equivalent ethanol with the 
calibration gas being a mixture of ethanol in air.
    (183) On February 7, 2002, Indiana submitted revisions to its State 
Implementation Plan (SIP) for lead (Pb) as part of the State's 
incorporation of a Federal standard for secondary lead smelters. On 
October 3, 2006, and November 27, 2007, Indiana supplemented its request 
as it pertained to Quemetco, Incorporated, in Marion County. This 
revision removes from the Indiana SIP the source-specific provisions for 
Quemetco found in article 326 IAC 15, previously approved in paragraph 
(c)(95) of this section, and replaces them with the corresponding 
provisions of article 326 IAC 20-13.
    (i) Incorporation by reference. The following sections of Title 326 
of the Indiana Administrative Code (IAC) are incorporated by reference:
    (A) 326 IAC 15-1-2(c) ``Source-specific provisions'' and 326 IAC 15-
1-3 ``Control of fugitive lead dust''. Filed with the Secretary of State 
on December 1, 2000, effective December 30, 2000. Published in the 
Indiana Register on January 1, 2001 (24 IR 954).
    (B) 326 IAC 20-13-1(c) ``Applicability; incorporation by reference 
of federal standards'', 326 IAC 20-13-2(a) ``Emission limitations lead 
standards for Quemetco, Incorporated'', and 326 IAC 20-13-6 ``Compliance 
testing''. Filed with the Secretary of State on December 1, 2000, 
effective December 30, 2000. Published in the Indiana Register on 
January 1, 2001 (24 IR 958).
    (184) Indiana Department of Environmental Management submitted 
amendments to the State Implementation Plan to control nitrogen oxide 
emissions from internal combustion engines in 326 Indiana Administrative 
Code (IAC) 10-5 and corrections to 326 IAC 10-3-3 and 326 IAC 10-4 on 
March 8, 2006.
    (i) Incorporation by reference. The following sections of the 
Indiana Administrative Code (IAC) are incorporated by reference.
    (A) Title 326: Air Pollution Control Board, Article 10: Nitrogen 
Oxides Rules, Rule 3: Nitrogen Oxide Reduction Program for Specific 
Source Categories, Section 3: Emissions limits. Filed with the Secretary 
of State on January 27, 2006, effective February 26, 2006. Published in 
the Indiana Register on March 1, 2006 (29 IR 1876).
    (B) Title 326: Air Pollution Control Board, Article 10: Nitrogen 
Oxides Rules, Rule 4: Nitrogen Oxides Budget Trading Program, Section 1: 
Applicability, Section 2: Definitions, Section 3: Retired unit 
exemption, Section 9: NOX allowance allocations, Section 13: 
Individual opt-ins, Section 14: NOX allowance banking, and 
Section 15: Compliance supplement pool. Filed with the Secretary of 
State on January 27, 2006, effective February 26, 2006. Published in the 
Indiana Register on March 1, 2006 (29 IR 1877).
    (C) Title 326: Air Pollution Control Board, Article 10: Nitrogen 
Oxides Rules, Rule 5: Nitrogen Oxide Reduction Program for Internal 
Combustion Engines (ICE). Filed with the Secretary of State on January 
27, 2006, effective February 26, 2006. Published in the Indiana Register 
on March 1, 2006 (29 IR 1899).
    (185) The Indiana Department of Environmental Management submitted 
amendments on September 20, 2007 to the State Implementation Plan to 
Control Emissions from electric generating units (EGU) and non-EGUs. 
Rules affecting these units include: 326 Indiana Administrative Code 
(IAC) 24-1-2, 326 IAC 24-1-8, 326 IAC 24-1-12, 326 IAC 24-2-11, 326 IAC 
24-3-1, 326 IAC 24-3-2, 326 IAC 24-3-8 and 326 IAC 24-3-12 respectively.

[[Page 754]]

    (i) Incorporation by reference. The following sections of the 
Indiana Administrative Code (IAC) are incorporated by reference: 326 IAC 
24-1-2(36) ``Control period''; 326 IAC 24-1-2(38) ``Energy efficiency or 
renewable energy projects''; 326 IAC 24-1-2(60) ``Rated energy 
efficiency''; 326 IAC 24-1-8 ``CAIR NOX allowance 
allocations''; 326 IAC 24-1-12 ``CAIR NOX opt-in units''; 326 
IAC 24-2-11 ``CAIR SO2 opt-in units''; 326 IAC 24-3-1 
``Applicability''; 326 IAC 24-3-2(38) ``Energy efficiency or renewable 
energy projects''; 326 IAC 24-3-2(49) ``Large affected unit''; 326 IAC 
24-3-2(61) ``Rated energy efficiency''; 326 IAC 24-3-8 ``CAIR 
NOX ozone season allowance''; and 326 IAC 24-3-12 ``CAIR 
NOX ozone season opt-in units''. Approved by the Attorney 
General January 12, 2007. Approved by the Governor January 23, 2007. 
Filed with the Publisher January 26, 2007. Published on the Indiana 
Register Web site February 28, 2007, Document Identification Number 
(DIN): 20070221-IR-326050117FRA. Effective February 25, 2007.
    (186) The Indiana Department of Environmental Management submitted 
revisions to Indiana's State Implementation plan on July 20, 2007, as 
revised on December 19, 2007, to amend 326 IAC 1-1-3, ``References to 
the Code of Federal Regulations''; 326 IAC 1-2-48, ``nonphotochemically 
reactive hydrocarbons'' or ``negligibly photochemically reactive 
compounds'' defined; and 326 IAC 1-2-90, ``volatile organic compound'' 
or ``VOC'' defined. The revision to 326 IAC 1-1-3 updates the references 
to CFR from the 2005 edition to the 2006 edition. In 326 IAC 1-2-48, and 
326 IAC 1-2-90, the SIP revision deletes references to outdated Federal 
Register citations.
    (i) Incorporation by reference. The following sections of the 
Indiana Administrative Code (IAC) are incorporated by reference.
    (A) 326 IAC 1-1-3, ``References to the Code of Federal 
Regulations''. Filed with the Secretary of State on April 26, 2007, and 
effective on May 26, 2007. Published in the Indiana Register, on May 23, 
2007 (DIN: 20070523-IR-326060412FRA).
    (B) 326 IAC 1-2-48, ``nonphotochemically reactive hydrocarbons'' or 
``negligibly photochemically reactive compounds'' defined; and 326 IAC 
1-2-90, ``volatile organic compound'' or ``VOC'' defined. Filed with the 
Secretary of State on April 26, 2007, and effective on May 26, 2007. 
Published in the Indiana Register, on May 23, 2007 (DIN: 20070523-IR-
326060412FRA).
    (ii) Additional Materials. A December 19, 2007, letter from Daniel 
Murray, Assistant Commissioner of the Indiana Department of 
Environmental Management, Office of Air Quality, which limits the July 
20, 2007, SIP revision request to the following definitions: 326 IAC 1-
1-3, ``References to the CFR''; 326 IAC 1-2-48, ``nonphotochemically 
reactive hydrocarbons'' or ``negligibly photochemically reactive 
compounds'' defined; and 326 IAC 1-2-90, ``volatile organic compound'' 
or ``VOC'' defined.
    (187) On February 21, 2008, Indiana submitted revisions to its 
particulate matter SIP. On March 27, 2008, Indiana submitted a corrected 
copy of its rules. The submittal revises 326 IAC 6.5: Particulate Matter 
Limitations Except Lake County and 326 IAC 6.8: Particulate Matter 
Limitations for Lake County. This SIP revision updates facility names, 
revises formatting, removes sources no longer in operation, and revises 
some emission limits.
    (i) Incorporation by reference. The following sections of Title 326 
of the Indiana Administrative Code (IAC) are incorporated by reference:
    (A) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.5: Particulate Matter Limitations Except Lake County, 
Rule 1, General Provisions, sections 326 IAC 6.5-1-1 through 326 IAC 
6.5-1-7, filed August 10, 2005, effective on September 9, 2005 and 
previously incorporated by reference (see paragraph (c)(173)(i)(A) of 
this section).
    (B) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.5: Particulate Matter Limitations Except Lake County, 
Rule 2, Clark County, sections 326 IAC 6.5-2-1 through 326 IAC 6.5-2-12, 
filed January 23, 2008, effective on February 22, 2008 (326 IAC 6.5-2-8 
Kimball Office-Borden, filed January 23, 2008, effective on February 22, 
2008, errata filed on February 29, 2008).

[[Page 755]]

    (C) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.5: Particulate Matter Limitations Except Lake County, 
Rule 3, Dearborn County, sections 326 IAC 6.5-3-1 through 326 IAC 6.5-3-
9, filed January 23, 2008, effective on February 22, 2008.
    (D) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.5: Particulate Matter Limitations Except Lake County, 
Rule 4, Dubois County, sections 326 IAC 6.5-4-1 through 326 IAC 6.5-4-
24, filed January 23, 2008, effective on February 22, 2008.
    (E) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.5: Particulate Matter Limitations Except Lake County, 
Rule 5, Howard County, sections 326 IAC 6.5-5-1 through 326 IAC 6.5-5-
16, filed January 23, 2008, effective on February 22, 2008.
    (F) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.5: Particulate Matter Limitations Except Lake County, 
Rule 6, Marion County, sections 326 IAC 6.5-6-1 through 326 IAC 6.5-6-
36, filed January 23, 2008, effective on February 22, 2008 (326 IAC 6.5-
6-18, Cargill, Inc., filed January 23, 2008, effective on February 22, 
2008, errata filed on January 31, 2008).
    (G) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.5: Particulate Matter Limitations Except Lake County, 
Rule 7, St. Joseph County, sections 326 IAC 6.5-7-1 through 326 IAC 6.5-
7-20, filed January 23, 2008, effective on February 22, 2008 (326 IAC 
6.5-7-14 Accucast Technology, LLC, filed January 23, 2008, effective on 
February 22, 2008, errata filed on February 5, 2008).
    (H) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.5: Particulate Matter Limitations Except Lake County, 
Rule 8, Vanderburgh County, sections 326 IAC 6.5-8-1 through 326 IAC 
6.5-8-15, filed January 23, 2008, effective on February 22, 2008.
    (I) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.5: Particulate Matter Limitations Except Lake County, 
Rule 9, Vigo County, sections 326 IAC 6.5-9-1 through 326 IAC 6.5-9-20, 
filed January 23, 2008, effective on February 22, 2008.
    (J) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.5: Particulate Matter Limitations Except Lake County, 
Rule 10, Wayne County, sections 326 IAC 6.5-10-1 through 326 IAC 6.5-10-
19, filed January 23, 2008, effective on February 22, 2008.
    (K) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.8: Particulate Matter Limitations For Lake County, Rule 
1, General Provisions, sections 326 IAC 6.8-1-1, Applicability, 6.8-1-5, 
Control strategies, and 6.8-1-7, Scope, filed January 23, 2008, 
effective on February 22, 2008; and Indiana Administrative Code Title 
326: Air Pollution Control Board, Article 6.8: Particulate Matter 
Limitations For Lake County, Rule 1, General Provisions, sections 326 
IAC 6.8-1-1.5, Definitions, 6.8-1-2, Particulate emission limitations; 
fuel combustion steam generators, asphalt concrete plant, grain 
elevators, foundries, mineral aggregate operations; modification by 
commission, 6.8-1-3, Compliance Determination, 6.8-1-4, Compliance 
schedules, and 6.8-6-6, State implementation plan revisions, filed 
August 10, 2005, effective on September 9, 2005 and previously 
incorporated by reference (see paragraph (c)(173)(i)(A) of this 
section).
    (L) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.8: Particulate Matter Limitations for Lake County, Rule 
2, Lake County: PM10 Emission Requirements, sections 326 IAC 6.8-2-1 
through 326 IAC 6.8-2-38, filed January 23, 2008, effective on February 
22, 2008 (326 IAC 6.8-2-6 BP Products North America, Inc.-Whiting 
Refinery, filed January 23, 2008, effective on February 22, 2008, errata 
filed on February 29, 2008).
    (M) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.8: Particulate Matter Limitations for Lake County, Rule 
3, Lake County: Opacity Limits; Exceptions to 326 IAC 5-1-2, sections 
326 IAC 6.8-3-1 through 326 IAC 6.8-3-4, filed January 23, 2008, 
effective on February 22, 2008.
    (N) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.8: Particulate Matter Limitations for Lake County, Rule 
4, Lake

[[Page 756]]

County: Opacity Limits; Test Methods, filed January 23, 2008, effective 
on February 22, 2008.
    (O) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.8: Particulate Matter Limitations for Lake County, Rule 
5, Lake County: Opacity Continuous Emissions Monitors, Installation and 
operation of continuous emissions monitors (Repealed), filed January 23, 
2008, effective on February 22, 2008.
    (P) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.8: Particulate Matter Limitations for Lake County, Rule 
6, Lake County: Combustion Sources; Natural Gas, sections 326 IAC 6.8-6-
1 through 326 IAC 6.8-6-20), filed January 23, 2008, effective on 
February 22, 2008.
    (Q) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.8: Particulate Matter Limitations for Lake County, Rule 
7, Lake County: Site-Specific Control Requirements, sections 326 IAC 
6.8-7-1 through 326 IAC 6.8-7-8, filed January 23, 2008, effective on 
February 22, 2008.
    (R) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.8: Particulate Matter Limitations for Lake County, Rule 
8, Lake County: Continuous Compliance Plan, section 326 IAC 6.8-8-1 
Applicability, filed January 23, 2008, effective on February 22, 2008; 
and Indiana Administrative Code Title 326: Air Pollution Control Board, 
Article 6.8: Particulate Matter Limitations for Lake County, Rule 8, 
Lake County: Continuous Compliance Plan, sections 326 IAC 6.8-8-2 
Documentation; operation and maintenance procedures, 326 IAC 6.8-8-3 
Plan requirements, 326 IAC 6.8-8-4 Plan; schedule for complying with 326 
IAC 6.8-7, 326 IAC 6.8-8-5 Plan; source categories, 326 IAC 6.8-8-6 
Plan; particulate matter control equipment; operation and maintenance, 
326 IAC 6.8-8-7 Plan; particulate matter control equipment; recording; 
operation; inspection, 326 IAC 6.8-8-8 Plan; department review, filed 
August 10, 2005, effective on September 9, 2005 and previously 
incorporated by reference (see paragraph (c)(173)(i)(A) of this 
section).
    (S) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.8: Particulate Matter Limitations for Lake County, Rule 
9, Lake County: PM10 Coke Battery Emission Requirements, section 326 IAC 
6.8-9-3 Emission limitations, filed January 23, 2008, effective on 
February 22, 2008; and Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 6.8: Particulate Matter Limitations for 
Lake County, Rule 9, Lake County: PM10 Coke Battery Emission 
Requirements, sections 326 IAC 6.8-9-1 Applicability, and 326 IAC 6.8-9-
2 Definitions, filed August 10, 2005, effective on September 9, 2005 and 
previously incorporated by reference (see paragraph (c)(173)(i)(A) of 
this section).
    (T) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.8: Particulate Matter Limitations for Lake County, Rule 
10, Lake County: Fugitive Particulate Matter, section 326 IAC 6.8-10-1 
Applicability, filed January 23, 2008, effective on February 22, 2008; 
and Indiana Administrative Code Title 326: Air Pollution Control Board, 
Article 6.8: Particulate Matter Limitations for Lake County, Rule 10, 
Lake County: Fugitive Particulate Matter, sections 326 IAC 6.8-10-2 
Definitions, 326 IAC 6.8-10-3 Particulate matter emission limitations, 
and 326 IAC 6.8-10-4 Compliance requirements; control plans, filed 
August 10, 2005, effective on September 9, 2005 and previously 
incorporated by reference (see paragraph (c)(173)(i)(A) of this 
section).
    (U) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6.8: Particulate Matter Limitations for Lake County, Rule 
11, Lake County: Particulate Matter Contingency Measures, sections 326 
IAC 6.8-11-1 through 326 IAC 6.8-11-6, filed August 10, 2005, effective 
on September 9, 2005 and previously incorporated by reference (see 
paragraph (c)(173)(i)(A) of this section).
    (ii) Additional material.
    (A) Certificate of Authenticity, Indiana Administrative Code, (As 
Updated Through March 26, 2008), signed by John M. Ross, Executive 
Director, Legislative Services Agency.
    (188) The Indiana Department of Environmental Management submitted a 
revision to Indiana's State Implementation plan on May 22, 2008, to 
amend 326 IAC 1-1-3, ``References to the Code

[[Page 757]]

of Federal Regulations''. The revision to 326 IAC 1-1-3 updates the 
references to CFR from the 2006 edition to the 2007 edition.
    (i) Incorporation by reference. Title 326 of the Indiana 
Administrative Code (IAC), section 1-1-3, ``References to the Code of 
Federal Regulations'' is incorporated by reference. The rule was filed 
with the Publisher of the Indiana Register on April 1, 2008, and became 
effective on May 1, 2008. Published in the Indiana Register, on April 
30, 2008 (DIN: 20080430-IR-32607037FRA).
    (189) On December 19, 2007, Indiana submitted modifications to its 
Federally Enforceable State Operating Permits rules as a revision to the 
state implementation plan. The revision extends the maximum permit term 
for renewals of Federally Enforceable State Operating Permits from five 
years to ten years. EPA has determined that this revision is approvable 
under the Clean Air Act.
    (i) Incorporation by reference.
    (A) Indiana Administrative Code Title 326, Article 2: Permit Review 
Rules, sections 2-1.1-9.5, ``General provisions; term of permit'', and 
2-8-4, ``Permit content'', are incorporated by reference. Filed with the 
Publisher of the Indiana Register on November 16, 2007, and became 
effective on December 16, 2007. Published in the Indiana Register on 
December 13, 2007 (20071212-IR-326060487FRA).
    (190) On September 11, 2008, Indiana submitted a revision to its 
SIP. The revisions add particulate matter, sulfur dioxide, and nitrogen 
oxides control and emission limitations on the Southern Indiana Gas and 
Electric Company's F.B. Culley Generating Station, a power plant located 
in Warrick County, Indiana.
    (i) Incorporation by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 6: Particulate Rules, Rule 7: Particulate Matter Emission 
Limitations for Southern Indiana Gas and Electric Company, Section 1: 
``Southern Indiana Gas and Electric Company (SIGECO)''; Article 7: 
Sulfur Dioxide Rules, Rule 4: Emission Limitations and Requirements by 
County, Section 10: ``Warrick County sulfur dioxide emission 
limitations''; and Article 10: Nitrogen Oxides Rules, Rule 6: Nitrogen 
Oxides Emission Limitations for Southern Indiana Gas and Electric 
Company, Section 1: ``Southern Indiana Gas and Electric Company 
(SIGECO)''.
    Filed with the Secretary of State on July 31, 2008 and effective on 
August 30, 2008. Published in Indiana Register 326070309 on August 28, 
2008, LSA Document 07-309(F).
    (191) The Indiana Department of Environmental Management submitted a 
revision to Indiana's State Implementation plan on September 25, 2009, 
to amend 326 IAC 1-1-3, ``References to the Code of Federal 
Regulations''. The revision to 326 IAC 1-1-3 updates the references to 
CFR from the 2007 edition to the 2008 edition.
    (i) Incorporation by reference. Title 326 of the Indiana 
Administrative Code (IAC), section 1-1-3, ``References to the Code of 
Federal Regulations'' is incorporated by reference. The rule was filed 
with the Publisher of the Indiana Register on July 1, 2009, and became 
effective on July 31, 2009. Published in the Indiana Register, on July 
29, 2009 (DIN: 20090729-IR-326080901FRA).
    (192) On April 25, 2008, Indiana submitted regulations that 
incorporate its continuous emission monitoring requirements into its 
SIP. Indiana also submitted Commissioner's Orders that provide an 
alternative monitoring plan for a Warrick County source. The alternative 
monitoring requirements allow the use of a particulate matter continuous 
emissions monitoring system in place of a continuous opacity monitor.
    (i) Incorporation by reference. (A) Indiana Administrative Code 
Title 326: Air Pollution Control Board, Article 3: Monitoring 
Requirements, Rule 5: Continuous Monitoring of Emissions, Section 1: 
Applicability; monitoring requirements for applicable pollutants. Filed 
with the Secretary of State on January 30, 1998, and effective on March 
1, 1998. Published in 21 Indiana Register 2062-2079 on March 1, 1998. 
(B) Commissioner's Order 2008-01 as issued by the Indiana 
Department of Environmental Management on February 11, 2008.
    (193) On December 10, 2009, the Indiana Department of Environmental

[[Page 758]]

Management submitted several volatile organic compound rules for 
approval into the Indiana State Implementation Plan for the Lake and 
Porter County portion of the Chicago-Gary-Lake County, IL-IN, 8-hour 
ozone nonattainment area. This includes both revisions to existing rules 
and also new rules. Also submitted were subsequent technical corrections 
to typographical, clerical, or spelling errors for some of these rules.
    (i) Incorporation by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 1: General 
provisions, Section 0.5: Definitions, Section 2: Compliance Methods, and 
Section 4: Testing procedures, filed with the Publisher of the Indiana 
Register on November 3, 2009, and became effective on December 3, 2009. 
Published in the Indiana Register on December 2, 2009 (DIN: 20091202-IR-
326090220FRA).
    (B) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 2: Surface 
Coating Emission Limitations, Section 1: Applicability, Section 2: 
Automobile and light duty truck coating regulations, Section 5: Paper 
coating operations, Section 6: Metal furniture coating operations, 
Section 7: Large appliance coating operations, Section 9: Miscellaneous 
metal and plastic parts coating operations, and Section 10: Flat wood 
panels; manufacturing operations, filed with the Publisher of the 
Indiana Register on November 3, 2009, and became effective on December 
3, 2009. Published in the Indiana Register on December 2, 2009 (DIN: 
20091202-IR-326090220FRA).
    (C) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 5: Miscellaneous 
Operations, Section 5: Graphic arts operations, filed with the Publisher 
of the Indiana Register on November 3, 2009, and became effective on 
December 3, 2009. Published in the Indiana Register on December 2, 2009 
(DIN: 20091202-IR-326090220FRA).
    (D) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 16: Offset 
Lithographic Printing and Letterpress Printing, filed with the Publisher 
of the Indiana Register on November 3, 2009, and became effective on 
December 3, 2009. Published in the Indiana Register on December 2, 2009 
(DIN: 20091202-IR-326090221FRA).
    (E) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 17: Industrial 
Solvent Cleaning Operations, filed with the Publisher of the Indiana 
Register on November 3, 2009, and became effective on December 3, 2009. 
Published in the Indiana Register on December 2, 2009 (DIN: 20091202-IR-
326090221FRA).
    (F) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 18: Synthetic 
Organic Chemical Manufacturing Industry Air Oxidation, Distillation, and 
Reactor Processes, filed with the Publisher of the Indiana Register on 
November 3, 2009, and became effective on December 3, 2009. Published in 
the Indiana Register on December 2, 2009 (DIN: 20091202-IR-
326090222FRA).
    (G) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 19: Control of 
Volatile Organic Compound Emissions from Process Vents in Batch 
Operations, filed with the Publisher of the Indiana Register on November 
3, 2009, and became effective on December 3, 2009. Published in the 
Indiana Register on December 2, 2009 (DIN: 20091202-IR-326090222FRA).
    (H) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 20: Industrial 
Wastewater, filed with the Publisher of the Indiana Register on November 
3, 2009, and became effective on December 3, 2009. Published in the 
Indiana Register on December 2, 2009 (DIN: 20091202-IR-326090222FRA).
    (I) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 21: Aerospace 
Manufacturing and Rework Operations, filed with the Publisher of the 
Indiana Register on November 3, 2009, and became

[[Page 759]]

effective on December 3, 2009. Published in the Indiana Register on 
December 2, 2009 (DIN: 20091202-IR-326090222FRA).
    (J) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 22: 
Miscellaneous Industrial Adhesives, filed with the Publisher of the 
Indiana Register on November 3, 2009, and became effective on December 
3, 2009. Published in the Indiana Register on December 2, 2009 (DIN: 
20091202-IR-326090221FRA).
    (K) Corrections to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 8: Volatile Organic Compound Rules, 
Rule 1: General provisions, Section 2: Compliance Methods and Section 4: 
Testing procedures, filed with the Publisher of the Indiana Register on 
November 18, 2009, and became effective on January 2, 2010. Published in 
the Indiana Register on December 16, 2009 (DIN: 20091216-IR-
326090220ACA).
    (L) Corrections to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 8: Volatile Organic Compound Rules, 
Rule 2: Surface Coating Emission Limitations, Section 2: Automobile and 
light duty truck coating operations, filed with the Publisher of the 
Indiana Register on November 18, 2009, and became effective on January 
2, 2010. Published in the Indiana Register on December 16, 2009 (DIN: 
20091216-IR-326090220ACA).
    (M) Corrections to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 8: Volatile Organic Compound Rules, 
Rule 16: Offset Lithographic Printing and Letterpress Printing, filed 
with the Publisher of the Indiana Register on November 18, 2009, and 
became effective on January 2, 2010. Published in the Indiana Register 
on December 16, 2009 (DIN: 20091216-IR-326090221ACA).
    (N) Corrections to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 8: Volatile Organic Compound Rules, 
Rule 17: Industrial Solvent Cleaning Operations, filed with the 
Publisher of the Indiana Register on November 18, 2009, and became 
effective on January 2, 2010. Published in the Indiana Register on 
December 16, 2009 (DIN: 20091216-IR-326090221ACA).
    (O) Corrections to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 8: Volatile Organic Compound Rules, 
Rule 18: Synthetic Organic Chemical Manufacturing Industry Air 
Oxidation, Distillation, and Reactor Processes, filed with the Publisher 
of the Indiana Register on November 19, 2009, and became effective on 
January 3, 2010. Published in the Indiana Register on December 16, 2009 
(DIN: 20091216-IR-326090222ACA).
    (P) Corrections to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 8: Volatile Organic Compound Rules, 
Rule 19: Control of Volatile Organic Compound Emissions from Process 
Vents in Batch Operations, filed with the Publisher of the Indiana 
Register on November 19, 2009, and became effective on January 3, 2010. 
Published in the Indiana Register on December 16, 2009 (DIN: 20091216-
IR-326090222ACA).
    (Q) Corrections to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 8: Volatile Organic Compound Rules, 
Rule 20: Industrial Wastewater, filed with the Publisher of the Indiana 
Register on November 19, 2009, and became effective on January 3, 2010. 
Published in the Indiana Register on December 16, 2009 (DIN: 20091216-
IR-326090222ACA).
    (R) Corrections to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 8: Volatile Organic Compound Rules, 
Rule 21: Aerospace Manufacturing and Rework Operations, filed with the 
Publisher of the Indiana Register on November 19, 2009, and became 
effective on January 3, 2009. Published in the Indiana Register on 
December 16, 2009 (DIN: 20091216-IR-326090222ACA).
    (S) Corrections to Indiana Administrative Code Title 326: Air 
Pollution Control Board, Article 8: Volatile Organic Compound Rules, 
Rule 22: Miscellaneous Industrial Adhesives, filed with the Publisher of 
the Indiana Register on November 18, 2009, and became effective on 
January 2, 2010. Published in the Indiana Register on December 16, 2009 
(DIN: 20091216-IR-326090221ACA).

[[Page 760]]

    (194) On December 31, 2008, Indiana submitted a Commissioner's Order 
that provided an alternative monitoring plan for Indianapolis Power and 
Light--Harding Street Generating Station in Marion County that is being 
incorporated into its SIP. The alternative monitoring requirements allow 
the use of a particulate matter continuous emissions monitoring system 
in place of a continuous opacity monitor.
    (i) Incorporation by reference. Commissioner's Order 2008-
02 for Indianapolis Power and Light as issued by the Indiana Department 
of Environmental Management on October 31, 2008.
    (195) On June 5, 2009, the Indiana Department of Environmental 
Management submitted amendments to Indiana's automobile refinishing rule 
for approval into its state implementation plan (SIP). These rule 
revisions extend the applicability of Indiana's approved volatile 
organic compound (VOC) automobile refinishing rules to all persons in 
Indiana who sell or manufacture automobile refinishing coatings or who 
refinish motor vehicles.
    (i) Incorporation by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control 
Board, Article 8: Volatile Organic Compound Rules, Rule 10: Automobile 
Refinishing, filed with the Publisher of the Indiana Register on March 
27, 2009, and became effective on April 26, 2009. Published in the 
Indiana Register on April 22, 2009 (DIN: 20090422-IR-326060603FRA).

[37 FR 10863, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.800, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



                             Subpart Q_Iowa



Sec. 52.820  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable SIP 
for Iowa under section 110 of the CAA, 42 U.S.C. 7401, and 40 CFR part 
51 to meet NAAQS.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to July 1, 
2009, was approved for incorporation by reference by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Material is incorporated as it exists on the date of the approval, and 
notice of any change in the material will be published in the Federal 
Register. Entries in paragraphs (c) and (d) of this section with EPA 
approval dates after July 1, 2009, will be incorporated by reference in 
the next update to the SIP compilation.
    (2) EPA Region 7 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the SIP as of July 
1, 2009.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, Region 7, Air Planning 
and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101; 
at 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). If 
you wish to obtain material from the EPA Regional Office, please call 
(913) 551-7659; for material from a docket in EPA Headquarters Library, 
please call the Office of Air and Radiation Docket at (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.

[[Page 761]]



                                          EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
          Iowa citation                    Title           effective    EPA approval date        Explanation
                                                              date
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources Environmental Protection Commission [567]
                          Chapter 20--Scope of Title-Definitions-Forms-Rule of Practice
----------------------------------------------------------------------------------------------------------------
567-20.1........................  Scope of Title.........        N/A  8/6/07, 72 FR 43539   This rule is a non-
                                                                                             substantive
                                                                                             description of the
                                                                                             Chapters contained
                                                                                             in the Iowa rules.
                                                                                             EPA has not
                                                                                             approved all of the
                                                                                             Chapters to which
                                                                                             this rule refers.
567-20.2........................  Definitions............   10/15/08  12/29/09, 74 FR       The definitions for
                                                                       68692                 anaerobic lagoon,
                                                                                             odor, odorous
                                                                                             substance, odorous
                                                                                             substance and
                                                                                             greenhouse gas are
                                                                                             not SIP approved.
567-20.3........................  Air Quality Forms          4/24/02  3/7/03, 68 FR 10969
                                   Generally.
----------------------------------------------------------------------------------------------------------------
                                             Chapter 21--Compliance
----------------------------------------------------------------------------------------------------------------
567-21.1........................  Compliance Schedule....    7/12/06  8/6/07, 72 FR 43539
567-21.2........................  Variances..............     4/4/07  10/16/07, 72 FR
                                                                       58535
567-21.3........................  Emission Reduction         3/14/90  6/29/90, 55 FR 26690
                                   Program.
567-21.4........................  Circumvention of Rules.    3/14/90  6/29/90, 55 FR 26690
567-21.5........................  Evidence Used in          11/16/94  10/30/95, 60 FR
                                   Establishing That a                 55198
                                   Violation Has or Is
                                   Occurring.
567-21.6........................  Temporary Electricity     10/15/08  12/29/09, 74 FR
                                   Generation for                      68692
                                   Disaster Situations.
----------------------------------------------------------------------------------------------------------------
                                        Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1........................  Permits required for       3/18/09  3/5/10, 75 FR 10182
                                   New or Existing
                                   Stationary Sources.
567-22.2........................  Processing Permit           4/9/97  6/25/98, 63 FR 34600
                                   Applications.
567-22.3........................  Issuing Permits........   10/15/08  12/29/09, 74 FR
                                                                       68692
567-22.4........................  Special Requirements       6/11/08  12/29/09, 74 FR
                                   for Major Stationary                68692
                                   Sources Located in
                                   Areas Designated
                                   Attainment or
                                   Unclassified (PSD).
567-22.5........................  Special Requirements       7/21/99  3/4/02, 67 FR 9591
                                   for Nonattainment
                                   Areas.
567-22.8........................  Permits By Rule........    3/18/09  3/5/10, 75 FR 10182
567-22.9........................  Special Requirements       4/20/05  9/13/05, 70 FR 53939
                                   for Visibility
                                   Protection.
567-22.10.......................  Permitting Requirements    3/19/08  8/25/08, 49950
                                   for Country Grain
                                   Elevators, Country
                                   Grain Terminal
                                   Elevators, Grain
                                   Terminal Elevators and
                                   Feed Mill Equipment.
567-22.105......................  Title V Permit            11/16/94  10/30/95, 60 FR       Only subparagraph
                                   Applications.                       55198                 (2)i(5) is included
                                                                                             in the SIP.
567-22.200......................  Definitions for           10/18/95  4/30/96, 61 FR 18958
                                   Voluntary Operating
                                   Permits.
567-22.201......................  Eligibility for             4/4/07  10/16/07, 72 FR
                                   Voluntary Operating                 58535
                                   Permits.
567-22.202......................  Requirement To Have a       4/9/97  6/25/98, 63 FR 34600
                                   Title V Permit.
567-22.203......................  Voluntary Operating       10/14/98  3/4/02, 67 FR 9591
                                   Permit Applications.
567-22.204......................  Voluntary Operating       12/14/94  4/30/96, 61 FR 18958
                                   Permit Fees.
567-22.205......................  Voluntary Operating       12/14/94  4/30/96, 61 FR 18958
                                   Permit Processing
                                   Procedures.
567-22.206......................  Permit Content.........   10/18/95  4/30/96, 61 FR 18958
567-22.207......................  Relation to               10/15/08  12/29/09, 74 FR
                                   Construction Permits.               68692
567-22.208......................  Suspension,               12/14/94  4/30/96, 61 FR 18958
                                   Termination, and
                                   Revocation of
                                   Voluntary Operating
                                   Permits.
567-22.209......................  Change of Ownership for    7/13/05  12/20/05, 70 FR
                                   Facilities With                     75399
                                   Voluntary Operating
                                   Permits.
567-22.300......................  Operating Permit by         4/4/07  10/16/07, 72 FR
                                   Rule for Small Sources.             58535
----------------------------------------------------------------------------------------------------------------
                                 Chapter 23--Emission Standards for Contaminants
----------------------------------------------------------------------------------------------------------------
567-23.1........................  Emission Standards.....    6/11/08  12/29/09, 74 FR       Subrules 23.1(2)-(5)
                                                                       68692                 are not SIP
                                                                                             approved.

[[Page 762]]

 
567-23.2........................  Open Burning...........    1/14/04  11/3/04, 69 FR 63945  Subrule 23.2(3)g(2)
                                                                                             was not submitted
                                                                                             for approval.
                                                                                             Variances from open
                                                                                             burning rule
                                                                                             23.2(2) are subject
                                                                                             to EPA approval.
567-23.3........................  Specific Contaminants..    6/11/08  12/29/09, 74 FR       Subrule 23.3(3)
                                                                       68692                 ``d'' is not SIP
                                                                                             approved.
567-23.4........................  Specific Processes.....    6/11/08  12/29/09, 74 FR       Subrule 23.4(10) is
                                                                       68692                 not SIP approved.
----------------------------------------------------------------------------------------------------------------
                                          Chapter 24--Excess Emissions
----------------------------------------------------------------------------------------------------------------
567-24.1........................  Excess Emission            5/13/98  5/22/00, 65 FR 32030
                                   Reporting.
567-24.2........................  Maintenance and Repair     3/14/90  6/29/90, 55 FR 26690
                                   Requirements.
----------------------------------------------------------------------------------------------------------------
                                      Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1........................  Testing and Sampling of   10/15/08  12/29/09, 74 FR
                                   New and Existing                    68692
                                   Equipment.
----------------------------------------------------------------------------------------------------------------
                           Chapter 26--Prevention of Air Pollution Emergency Episodes
----------------------------------------------------------------------------------------------------------------
567-26.1........................  General................    3/14/90  6/29/90, 55 FR 26690
567-26.2........................  Episode Criteria.......    3/14/90  6/29/90, 55 FR 26690
567-26.3........................  Preplanned Abatement       3/14/90  6/29/90, 55 FR 26690
                                   Strategies.
567-26.4........................  Actions During Episodes    3/14/90  6/29/90, 55 FR 26690
----------------------------------------------------------------------------------------------------------------
                                      Chapter 27--Certificate of Acceptance
----------------------------------------------------------------------------------------------------------------
567-27.1........................  General................    3/14/90  6/29/90, 55 FR 26690
567-27.2........................  Certificate of             3/14/90  6/29/90, 55 FR 26690
                                   Acceptance.
567-27.3........................  Ordinance or               3/14/90  6/29/90, 55 FR 26690
                                   Regulations.
567-27.4........................  Administrative             3/14/90  6/29/90, 55 FR 26690
                                   Organization.
567-27.5........................  Program Activities.....    3/14/90  6/29/90, 55 FR 26690
----------------------------------------------------------------------------------------------------------------
                                    Chapter 28--Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
567-28.1........................  Statewide Standards....    3/14/90  6/29/90, 55 FR 26690
----------------------------------------------------------------------------------------------------------------
                  Chapter 29--Qualification in Visual Determination of the Opacity of Emissions
----------------------------------------------------------------------------------------------------------------
567-29.1........................  Methodology and            5/13/98  5/22/00, 65 FR 32030
                                   Qualified Observer.
----------------------------------------------------------------------------------------------------------------
                                         Chapter 31--Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
567-31.1........................  Permit Requirements        2/22/95  10/23/97, 62 FR
                                   Relating to                         55172
                                   Nonattainment Areas.
567-31.2........................  Conformity of General       5/3/98  5/22/00, 65 FR 32030
                                   Federal Actions to the
                                   Iowa SIP or Federal
                                   Implementation Plan.
----------------------------------------------------------------------------------------------------------------
Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
                                 Significant Deterioration (PSD) of Air Quality
----------------------------------------------------------------------------------------------------------------
567-33.1........................  Purpose................    11/1/06  5/14/07, 72 FR 27056
567-33.2........................  Reserved...............    11/1/06  5/14/07, 72 FR 27056
567-33.3........................  Special construction        12/22/  10/31/2011, 76 FR
                                   permit requirement for       2010   67067
                                   major stationary
                                   sources in areas
                                   designated attainment
                                   or unclassified (PSD).
567-33.4 to 567-33.8............  Reserved...............    11/1/06  5/14/07, 72 FR 27056
567-33.9........................  Plantwide Applicability    11/1/06  5/14/07, 72 FR 27056
                                   Limitations (PALs).
567-33.10.......................  Exceptions to Adoption     11/1/06  5/14/07, 72 FR 27056
                                   by Reference.
----------------------------------------------------------------------------------------------------------------
                        Chapter 34--Provisions for Air Quality Emissions Trading Programs
----------------------------------------------------------------------------------------------------------------
567-34.1........................  Purpose................    7/12/06  8/6/07, 72 FR 43539
567-34.2 to 567-34.199..........  Reserved...............    7/12/06  8/6/07, 72 FR 43539

[[Page 763]]

 
567-34.201......................  CAIR NOX Annual Trading   11/28/07  4/15/08, 73 FR 20177
                                   Program Provisions.
567-34.202......................  CAIR Designated            7/12/06  8/6/07, 72 FR 43539
                                   Representative for
                                   CAIR NOX Sources.
567-34.203......................  Permits................    7/12/06  8/6/07, 72 FR 43539
567-34.204......................  Reserved...............    7/12/06  8/6/07, 72 FR 43539
567-34.205......................  CAIR NOX Allowance         7/12/06  8/6/07, 72 FR 43539
                                   Allocations.
567-34.206......................  CAIR NOX Allowance         7/12/06  8/6/07, 72 FR 43539
                                   Tracking System.
567-34.207......................  CAIR NOX Allowance         7/12/06  8/6/07, 72 FR 43539
                                   Transfers.
567-34.208......................  Monitoring and             7/12/06  8/6/07, 72 FR 43539
                                   Reporting.
567-34.209......................  CAIR NOX Opt-in Units..    7/12/06  8/6/07, 72 FR 43539
567-34.210......................  CAIR SO2 Trading          11/28/07  4/15/08, 73 FR 20177
                                   Program.
567-34.211 to 567-34.219........  Reserved...............    7/12/06  8/6/07, 72 FR 43539
567-34.220......................  CAIR NOX Ozone Season      7/12/06  8/6/07, 72 FR 43539
                                   Trading Program.
567-34.221......................  CAIR NOX Ozone Season     11/28/07  4/15/08, 73 FR 20177
                                   Trading Program
                                   General.
567-34.222......................  CAIR Designated            7/12/06  8/6/07, 72 FR 43539
                                   Representative for
                                   CAIR NOX Ozone Season
                                   Sources.
567-34.223......................  CAIR NOX Ozone Season      7/12/06  8/6/07, 72 FR 43539
                                   Permits.
567-34.224......................  Reserved...............    7/12/06  8/6/07, 72 FR 43539
567-34.225......................  CAIR NOX Ozone Season      7/12/06  8/6/07, 72 FR 43539
                                   Allowance Allocations.
567-34.226......................  CAIR NOX Ozone Season      7/12/06  8/6/07, 72 FR 43539
                                   Allowance Tracking
                                   System.
567-34.227......................  CAIR NOX Ozone Season      7/12/06  8/6/07, 72 FR 43539
                                   Allowance Transfers.
567-34.228......................  CAIR NOX Ozone Season      7/12/06  8/6/07, 72 FR 43539
                                   Monitoring and
                                   Reporting.
567-34.229......................  CAIR NOX Ozone Season      7/12/06  8/6/07, 72 FR 43539
                                   Opt-in Units.
----------------------------------------------------------------------------------------------------------------
                                                   Linn County
----------------------------------------------------------------------------------------------------------------
Chapter 10......................  Linn County Air Quality     3/1/05  8/16/05, 70 FR 48073  10.2, Definitions of
                                   Ordinance, Chapter 10.                                    Federally
                                                                                             Enforceable,
                                                                                             Maximum Achievable
                                                                                             Control Technology
                                                                                             (MACT), and MACT
                                                                                             floor; 10.4(1),
                                                                                             Title V Permits;
                                                                                             19.9(2), NSPS;
                                                                                             19.9(3), Emission
                                                                                             Standards for HAPs;
                                                                                             19.9(4), Emission
                                                                                             Standards for HAPs
                                                                                             for Source
                                                                                             Categories; 10.11,
                                                                                             Emission of
                                                                                             objectionable
                                                                                             odors; and, 10.15,
                                                                                             Variances are not a
                                                                                             part of the SIP.
----------------------------------------------------------------------------------------------------------------
                                                   Polk County
----------------------------------------------------------------------------------------------------------------
CHAPTER V.......................  Polk County Board of      08/06/09  07/06/10, 75 FR       Article I, Section 5-
                                   Health Rules and                    38745                 2, definition of
                                   Regulations Air                                           ``variance'';
                                   Pollution Chapter V.                                      Article VI,
                                                                                             Sections 5-16(n),
                                                                                             (o) and (p);
                                                                                             Article VIII;
                                                                                             Article IX,
                                                                                             Sections 5-27(3)
                                                                                             and (4); Article X,
                                                                                             Section 5-28,
                                                                                             subsections (a)
                                                                                             through (c);
                                                                                             Article XIII and
                                                                                             Article XVI,
                                                                                             Section 5-75 are
                                                                                             not a part of the
                                                                                             SIP.
----------------------------------------------------------------------------------------------------------------

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

[[Page 764]]



                                EPA-Approved Iowa Source-Specific Orders/Permits
----------------------------------------------------------------------------------------------------------------
                                                           State
          Name of source             Order/permit No.    effective    EPA approval date         Explanation
                                                            date
----------------------------------------------------------------------------------------------------------------
(1) Archer-Daniels Midland         90-AQ-10............    3/25/91  11/1/91, 56 FR 56158
 Company.
(2) Interstate Power Company.....  89-AQ-04............    2/21/90  11/1/91, 56 FR 56158
(3) Grain Processing Corporation.  74-A-015-S..........    9/18/95  12/1/97, 62 FR 63454
(4) Grain Processing Corporation.  79-A-194-S..........    9/18/95  12/1/97, 62 FR 63454
(5) Grain Processing Corporation.  79-A-195-S..........    9/18/95  12/1/97, 62 FR 63454
(6) Grain Processing Corporation.  95-A-374............    9/18/95  12/1/97, 62 FR 63454
(7) Muscatine Power and Water....  74-A-175-S..........    9/14/95  12/1/97, 62 FR 63454
(8) Muscatine Power and Water....  95-A-373............    9/14/95  12/1/97, 62 FR 63454
(9) Monsanto Corporation.........  76-A-161S3..........    7/18/96  12/1/97, 62 FR 63454
(10) Monsanto Corporation........  76-A-265S3..........    7/18/96  12/1/97, 62 FR 63454
(11) IES Utilities, Inc..........  97-AQ-20............   11/20/98  3/11/99, 64 FR 12087   SO2 Control Plan for
                                                                                            Cedar Rapids.
(12) Archer-Daniels-Midland        SO2 Emission Control    9/14/98  3/11/99, 64 FR 12087   ADM Corn Processing
 Corporation.                       Plan.                                                   SO2 Control Plan for
                                                                                            Cedar Rapids.
(13) Linwood Mining and Minerals   98-AQ-07............    3/13/98  3/18/99, 64 FR 13343   PM10 control plan for
 Corporation.                                                                               Buffalo.
(14) Lafarge Corporation.........  98-AQ-08............    3/13/98  3/18/99, 64 FR 13343   PM10 control plan for
                                                                                            Buffalo.
(15) Holnam, Inc.................  A.C.O. 1999-AQ-31...     9/2/99  11/6/02, 67 FR 67563   For a list of the 47
                                                                                            permits issued for
                                                                                            individual emission
                                                                                            points see IDNR
                                                                                            letters to Holnam,
                                                                                            Inc., dated 7/24/01.
(16) Holnam, Inc.................  Consent Amendment to    5/16/01  11/6/02, 67 FR 67563   For a list of the 47
                                    A.C.O. 1999-AQ-31.                                      permits issued for
                                                                                            individual emission
                                                                                            points see IDNR
                                                                                            letters to Holnam,
                                                                                            Inc., dated 7/24/01.
(17) Holnam, Inc.................  Permits for 17-01-      7/24/01  11/6/02, 67 FR 67563   For a list of the 47
                                    009, Project Nos.                                       permits issued for
                                    99-511 and 00-468.                                      individual emission
                                                                                            points see IDNR
                                                                                            letters to Holnam,
                                                                                            Inc., dated 7/24/01.
(18) Lehigh Portland Cement        A.C.O. 1999-AQ-32...     9/2/99  11/6/02, 67 FR 67563   For a list of the 41
 Company.                                                                                   permits issued for
                                                                                            individual emission
                                                                                            points see IDNR
                                                                                            letters to Lehigh
                                                                                            dated 7/24/01 and 2/
                                                                                            18/02.
(19) Lehigh Portland Cement        Permits for plant       2/18/02  11/6/02, 67 FR 67563   For a list of the 41
 Company.                           No. 17-01-005,                                          permits issued for
                                    Project Nos. 99-631                                     individual emission
                                    and 02-037.                                             points see IDNR
                                                                                            letters to Lehigh
                                                                                            dated 7/24/01 and 2/
                                                                                            18/02.
(20) Blackhawk Foundry and         A.C.O. 03-AQ-51.....    12/4/03  6/10/04, 69 FR 32454   Together with the
 Machine Company.                                                                           permits listed below
                                                                                            this order comprises
                                                                                            the PM10 control
                                                                                            strategy for
                                                                                            Davenport, Iowa.
(21) Blackhawk Foundry and         Permit No. 02-A-116     8/19/02  6/10/04, 69 FR 32454   Provisions of the
 Machine Company.                   (Cold Box Core                                          permit that relate
                                    Machine).                                               to pollutants other
                                                                                            than PM10 are not
                                                                                            approved by EPA as
                                                                                            part of this SIP.
(22) Blackhawk Foundry and         Permit No. 02-A-290     8/19/02  6/10/04, 69 FR 32454   Provisions of the
 Machine Company.                   (Wheelabrator                                           permit that relate
                                    2 and                                          to pollutants other
                                    Casting Sorting).                                       than PM10 are not
                                                                                            approved by EPA as
                                                                                            part of this SIP.
(23) Blackhawk Foundry and         Permit No. 02-A-291     8/19/02  6/10/04, 69 FR 32454   Provisions of the
 Machine Company.                   (Mold Sand Silo).                                       permit that relate
                                                                                            to pollutants other
                                                                                            than PM10 are not
                                                                                            approved by EPA as
                                                                                            part of this SIP.

[[Page 765]]

 
(24) Blackhawk Foundry and         Permit No. 02-A-292     8/19/02  6/10/04, 69 FR 32454   Provisions of the
 Machine Company.                   (Bond Storage).                                         permit that relate
                                                                                            to pollutants other
                                                                                            than PM10 are not
                                                                                            approved by EPA as
                                                                                            part of this SIP.
(25) Blackhawk Foundry and         Permit No. 02-A-293     8/19/02  6/10/04, 69 FR 32454   Provisions of the
 Machine Company.                   (Induction Furnace                                      permit that relate
                                    and Aluminum Sweat                                      to pollutants other
                                    Furnace).                                               than PM10 are not
                                                                                            approved by EPA as
                                                                                            part of this SIP.
(26) Blackhawk Foundry and         Permit No. 77-A-114-    8/19/02  6/10/04, 69 FR 32454   Provisions of the
 Machine Company.                   S1 (Wheelabrator                                        permit that relate
                                    1 &                                            to pollutants other
                                    Grinding).                                              than PM10 are not
                                                                                            approved by EPA as
                                                                                            part of this SIP.
(27) Blackhawk Foundry and         Permit No. 84-A-055-    8/19/02  6/10/04, 69 FR 32454   Provisions of the
 Machine Company.                   S1 (Cupola ladle,                                       permit that relate
                                    Pour deck ladle,                                        to pollutants other
                                    Sand shakeout,                                          than PM10 are not
                                    Muller, Return sand                                     approved by EPA as
                                    1, Sand                                        part of this SIP.
                                    cooler, Sand
                                    screen, and Return
                                    sand 2).
(28) Blackhawk Foundry and         Permit No. 72-A-060-    8/19/02  6/10/04, 69 FR 32454   Provisions of the
 Machine Company.                   S5 (Cupola).                                            permit that relate
                                                                                            to pollutants other
                                                                                            than PM10 are not
                                                                                            approved by EPA as
                                                                                            part of this SIP.
----------------------------------------------------------------------------------------------------------------

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

                                   EPA-Approved Iowa Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable         State
    Name of nonregulatory SIP          geographic or     submittal     EPA approval date         Explanation
            provision               nonattainment area      date
----------------------------------------------------------------------------------------------------------------
(1) Air Pollution Control          Statewide...........    1/27/72  5/31/72, 37 FR 10842
 Implementation Plan.
(2) Request for a Two Year         Council Bluffs......    1/27/72  5/31/72, 37 FR 10842     Correction notice
 Extension to Meet the NAAQS.                                                                 published 3/2/76.
(3) Revisions to Appendices D and  Statewide...........     2/2/72  5/31/72, 37 FR 10842     Correction notice
 G.                                                                                           published 3/2/76.
(4) Source Surveillance and        Statewide...........    4/14/72  3/2/76, 41 FR 8960
 Record Maintenance Statements.
(5) Statement Regarding Public     Statewide...........     5/2/72  3/2/76, 41 FR 8960
 Availability of Emissions Data.
(7) Letter Describing the          Linn County, Polk      12/14/72  10/1/76, 41 FR 43407
 Certificates of Acceptance for     County.
 Local Air Pollution Control
 Programs.
(8) High Air Pollution Episode     Statewide...........    6/20/73  10/1/76, 41 FR 43407
 Contingency Plan.
(9) Summary of Public Hearing on   Statewide...........     9/3/75  10/1/76, 41 FR 43407
 Revised Rules Which Were
 Submitted on July 17, 1975.
(10) Air Quality Modeling to       Statewide...........     3/4/77  6/1/77, 42 FR 27892
 Support Sulfur Dioxide Emission
 Standards.
(11) Nonattainment Plans.........  Mason City,             6/22/79  3/6/80, 45 FR 14561
                                    Davenport, Cedar
                                    Rapids, Des Moines.
(12) Information on VOC Sources    Linn County.........    10/8/79  3/6/80, 45 FR 14561
 to Support the Nonattainment
 Plan.
(13) Information and Commitments   Linn County.........   11/16/79  3/6/80, 45 FR 14561
 Pertaining to Legally
 Enforceable RACT Rules to
 Support the Nonattainment Plan.
(14) Lead Plan...................  Statewide...........    8/19/80  3/20/81, 46 FR 17778
(15) Letter to Support the Lead    Statewide...........    1/19/81  3/20/81, 46 FR 17778
 Plan.

[[Page 766]]

 
(16) Nonattainment Plans to        Mason City, Cedar       4/18/80  4/17/81, 46 FR 22372
 Attain Secondary Standards.        Rapids, Des Moines,
                                    Davenport, Keokuk,
                                    Council Bluffs,
                                    Fort Dodge, Sioux
                                    City, Clinton,
                                    Marshalltown,
                                    Muscatine, Waterloo.
(17) Information to Support the    Mason City, Cedar       9/16/80  4/17/81, 46 FR 22372
 Particulate Matter Nonattainment   Rapids, Des Moines,
 Plan.                              Davenport, Keokuk,
                                    Council Bluffs,
                                    Fort Dodge, Sioux
                                    City, Clinton,
                                    Marshalltown,
                                    Muscatine, Waterloo.
(18) Information to Support the    Mason City, Cedar      11/17/80  4/17/81, 46 FR 22372
 Particulate Matter Nonattainment   Rapids, Des Moines,
 Plan.                              Davenport, Keokuk,
                                    Council Bluffs,
                                    Fort Dodge, Sioux
                                    City, Clinton,
                                    Marshalltown,
                                    Muscatine, Waterloo.
(19) Schedule for Studying         Mason City, Cedar       6/26/81  3/5/82, 47 FR 9462
 Nontraditional Sources of          Rapids, Des Moines,
 Particulate Matter and for         Davenport, Keokuk,
 Implementing the Results.          Council Bluffs,
                                    Fort Dodge, Sioux
                                    City, Clinton,
                                    Marshalltown,
                                    Muscatine, Waterloo.
(20) Air Monitoring Strategy.....  Statewide...........    7/15/81  4/12/82, 47 FR 15583
(21) Letter of Commitment to       Statewide...........    5/14/85  9/12/85, 50 FR 37176
 Revise Unapprovable Portions of
 Chapter 22.
(22) Letter of Commitment to       Statewide...........    4/22/86  7/11/86, 51 FR 25199
 Submit Stack Height Regulations
 and to Implement the EPA's
 Regulations until the State's
 Rules Are Approved.
(23) Letter of Commitment to       Statewide...........    4/22/87  6/26/87, 52 FR 23981
 Implement the Stack Height
 Regulations in a Manner
 Consistent with the EPA's Stack
 Height Regulations with Respect
 to NSR/PSD Regulations.
(24) PM10 SIP....................  Statewide...........   10/28/88  8/15/89, 54 FR 33536
(25) Letter Pertaining to NOX      Statewide...........    11/8/90  2/13/91, 56 FR 5757
 Rules and Analysis Which
 Certifies the Material Was
 Adopted by the State on October
 17, 1990.
(26) SO2 Plan....................  Clinton.............    3/13/91  11/1/91, 56 FR 56158
(27) Letter Withdrawing Variance   Polk County.........   10/23/91  11/29/91, 56 FR 60924    Correction notice
 Provisions.                                                                                  published 1/26/93.
(28) Letter Concerning Open        Statewide...........    10/3/91  1/22/92, 57 FR 2472
 Burning Exemptions.
(29) Compliance Sampling Manual..  Statewide...........     1/5/93  5/12/93, 58 FR 27939
(30) Small Business Assistance     Statewide...........   12/22/92  9/27/93, 58 FR 50266
 Plan.
(31) Voluntary Operating Permit    Statewide...........    12/8/94  4/30/96, 61 FR 18958
 Program.                                                  2/16/96
                                                           2/27/96
(32) SO2 Plan....................  Muscatine...........    6/19/96  12/1/97, 62 FR 63454
                                                           5/21/97
(33) SO2 Maintenance Plan........  Muscatine...........    4/25/97  3/19/98, 63 FR 13343

[[Page 767]]

 
(34) SO2 Control Plan............  Cedar Rapids........    9/11/98  3/11/99, 64 FR 12090
(35) PM10 Control Plan...........  Buffalo, Iowa.......    10/1/98  3/18/99, 64 FR 13346
(36) CAA 110(a)(2)(D)(i) SIP--     Statewide...........   11/22/06  3/8/07, 72 FR 10380
 Interstate Transport.
(37) SO2 Maintenance Plan for the  Muscatine...........     4/5/07  8/1/07; 72 FR 41900
 Second 10-year Period.
(38) CAA 110(a)(1) and (2)--Ozone  Statewide...........    6/15/07  3/04/08; 73 FR 11554
 Infrastructure SIP.
----------------------------------------------------------------------------------------------------------------


[64 FR 7094, Feb. 12, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
52.820, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    Effective Date Note: At 77 FR 38007, June 26, 2012, Sec. 52.820(e) 
was amended by adding a new entry (39) in numerical order, effective 
July 26, 2012. For the convenience of the user, the added text is set 
forth as follows:



Sec. 52.820  Identification of plan.

                                * * * * *

    (e) * * *

                                   EPA-Approved Iowa Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                       Applicable
    Name of nonregulatory SIP        geographic or      State submittal    EPA approval date      Explanation
            provision              nonattainment area         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(39) Regional Haze plan for the   Statewide..........           3/25/08   6/26/12, 77 FR      Sec.  52.842(a);
 first implementation period.                                              38007.              Limited Approval.
----------------------------------------------------------------------------------------------------------------



Sec. 52.821  Classification of regions.

    The Iowa plan was evaluated on the basis of the following 
classification:

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Omaha-Council Bluffs Interstate.........           I         II       III       III           III
Metropolitan Sioux Falls Interstate..................          II        III       III       III           III
Metropolitan Sioux City Interstate...................         III        III       III       III           III
Metropolitan Dubuque Interstate......................           I        III       III       III           III
Metropolitan Quad Cities Interstate..................           I        III       III       III           III
Burlington-Keokuk Interstate.........................           I          I       III       III           III
Northwest Iowa Intrastate............................         III        III       III       III           III
North Central Iowa Intrastate........................          IA        III       III       III           III
Northeast Iowa Intrastate............................           I        III       III       III           III
Southwest Iowa Intrastate............................         III        III       III       III           III
South Central Iowa Intrastate........................           I        III       III       III             I
Southeast Iowa Intrastate............................         III        III       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10865, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]

[[Page 768]]



Sec. 52.822  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Iowa's plan for the attainment and maintenance of the national 
standards. Further, the Administrator finds the plan satisfies all 
requirements of Part D, Title I, of the Clean Air Act as amended in 
1977, except as noted below.
    (b) [Reserved]

[45 FR 14567, Mar. 6, 1980, as amended at 46 FR 47546, Sept. 29, 1981; 
75 FR 82555, Dec. 30, 2010; 76 FR 67070, Oct. 31, 2011]



Sec. 52.823  PM10 State Implementation Plan Development in Group II Areas.

    The Iowa Department of Natural Resources committed to comply with 
the PM10 regulations as set forth in 40 CFR part 51. In a 
letter to Morris Kay, EPA, dated October 28, 1988, Mr. Larry J. Wilson, 
Director, Iowa Department of Natural Resources, stated:

    Three groups within the State of Iowa have been classified as Group 
II areas for fine particulate (PM-10) State Implementation Plan (SIP) 
development purposes. This includes portions of the cities of Des 
Moines, Mason City, and Cedar Rapids. The specific boundaries of these 
areas were identified in a letter of October 13, 1987, from Peter R. 
Hamlin to Carl Walter. The remainder of the State was classified as 
Group III.
    In accordance with the SIP development procedures identified in the 
preamble of the PM-10 regulations for Implementing Revised Particulate 
Matter Standards, promulgated July 1, 1987, the State of Iowa commits to 
perform the following activities in these three Group II areas of the 
state:

    (a) Gather ambient PM-10 data, to an extent consistent with minimum 
EPA requirements (note the network description contained in a letter of 
January 26, 1988, from Peter R. Hamlin to John Helvig).
    (b) Analyze and verify the ambient PM-10 data and report exceedances 
of the 24-hour PM-10 National Ambient Air Quality Standards (NAAQS) to 
the Regional Office within 60 days of each exceedance.
    (c) Immediately notify the Regional Office:
    (1) Upon the availability of an appropriate number of verifiable 24-
hour NAAQS exceedances to indicate a violation (see Section 2.0 of the 
PM-10 SIP development guideline) or
    (2) when an annual arithmetic mean (AAM) above the annual PM-10 
NAAQS becomes available.
    (d) Within thirty (30) days of any notification of the Regional 
Office pursuant to (c) above (or upon collection of thirty-six (36) 
months of PM-10 ambient air quality data acceptable to EPA, whichever 
comes first) determine whether the measures in the existing SIP will 
assure timely attainment and maintenance of the primary PM-10 NAAQS and 
immediately notify the Regional Office of the results of this 
determination.
    (e) Within six (6) months of any notification pursuant to (d) above, 
adopt and submit to EPA a PM-10 control strategy that assures attainment 
as expeditiously as practicable but not later than three (3) years from 
approval of the Committal SIP.

    Because of the uncertainty about when the determination can be made 
pursuant to (d) above, it is difficult to determine if that control 
strategy could provide for the attainment of the PM-10 NAAQS within 
three years from the date EPA approves this Committal SIP. Therefore, I 
reserve the right to request a two-year extension of the attainment date 
as provided in Section 110(e) of the Clean Air Act, if and when the 
State of Iowa submits a SIP revision for any of these areas of the 
state.
    The State of Iowa also commits to develop a PM-10 emission inventory 
for the areas submitted as part of any PM-10 SIP pursuant to items (c), 
(d), and (e) above. If the PM-10 NAAQS are not violated, the State of 
Iowa will proceed with this inventory for the three Group II areas in 
accordance with the following schedule:

October 1, 1988--Request special assistance funds from EPA to perform 
the inventory.
October 1, 1989--Initiate inventory.
August 1, 1990--Complete inventory.
October 31, 1990 *--Submit inventory as part of a determination of 
adequacy that the current SIP will attain and maintain the PM-10 NAAQS.
---------------------------------------------------------------------------

    * Presuming that sufficient ambient data acceptable to EPA are 
collected by July 31, 1990, and available by September 30, 1990.

[54 FR 33539, Aug. 15, 1989]



Sec. 52.824  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Iowa'' and all revisions submitted by Iowa that were 
Federally approved prior to July 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) Request for a two-year extension to meet the National Primary 
and Secondary Ambient Air Quality Standards

[[Page 769]]

for nitrogen dioxide in the Metropolitan Omaha-Council Bluffs Interstate 
Air Quality Control Region was submitted by the Governor on January 27, 
1972. (Non-regulatory)
    (2) Revisions of Appendices D and G of the plan were submitted on 
February 2, 1972, by the State Department of Health. (Non-regulatory)
    (3) Source surveillance and record maintenance statements were 
submitted on April 14, 1972, by the State Department of Health. (Non-
regulatory)
    (4) Revised statement regarding public availability of emission data 
was submitted on May 2, 1972, by the State Department of Health. (Non-
regulatory)
    (5) State submitted Senate File 85 which created the Department of 
Environmental Quality and replaced the Iowa air pollution control 
statute which appeared as Chapter 136B of the Code of Iowa, on May 4, 
1972. (Regulatory)
    (6) A letter describing the issuance of a Certificate of Acceptance 
for the local air pollution control programs conducted by the Linn 
County Board of Health for the jurisdictions of the City of Cedar Rapids 
and Linn County, and the Des Moines-Polk County Health Department for 
the jurisdictions of the City of Des Moines and Polk County was 
submitted by the State Department of Health on December 14, 1972. (Non-
regulatory)
    (7) Compliance schedules were submitted by the State in February 
1973. (Regulatory)
    (8) Compliance schedules were submitted by the State in May 1973. 
(Regulatory)
    (9) The State of Iowa High Air Pollution Episode Contingency Plan 
was submitted on June 20, 1973, by the Governor.
    (10) The letter which requested the inclusion of the Linn County 
Health Department Rules and Regulations, the City of Cedar Rapids Air 
Pollution Control Ordinance, the Polk County Rules and Regulations--Air 
Pollution Control, and the City of Des Moines Air Pollution Control 
Regulations in the State of Iowa implementation plan was submitted by 
the State Department of Environmental Quality on June 25, 1974. (No 
approval action was taken on the request because it did not meet the 
procedural requirements specified in 40 CFR part 51.)
    (11) Revisions of Rules 2.1, 3.1, 3.4, 4.1, 4.3(3) and 4.3(4) of the 
Iowa Rules and Regulations Relating to Air Pollution Control were 
submitted on April 24, 1974 (by the Governor's office). (No approval or 
disapproval action was taken on amended Subrule 4.3(3)a., which 
restricts emissions of sulfur oxides from fuel-burning sources.) 
(Regulatory)
    (12) Compliance schedules were submitted by the State in May 1974.
    (13) Compliance schedules were submitted by the State in May 1974.
    (14) Compliance schedules were submitted by the State in July 1974.
    (15) Compliance schedules were submitted by the State in August 
1974.
    (16) A letter from the Director of the Department of Environmental 
Quality, dated August 29, 1974, which requested that no further action 
be taken on Subrule 4.3(3) a. as submitted on April 24, 1974. 
(Regulatory)
    (17) Compliance schedules were submitted by the State in September 
1974.
    (18) Compliance schedules were submitted by the State in November 
1974.
    (19) Compliance schedules were submitted by the State in February 
1975.
    (20) Compliance schedules were submitted by the State in April 1975.
    (21) Compliance schedules were submitted by the State in June 1975.
    (22) Revisions of Rules 1.2, 2.1, 3.1, 3.4, 4.1, 4.2, 4.3, 5.1, 7.1, 
8.3 and 8.4 of the Iowa Rules and Regulations Relating to Air Pollution 
Control were submitted on July 17, 1975, by the Governor's office. 
(Regulatory) (No approval or disapproval action was taken on Subrules 
4.3(2)c. or 4.3(3)b.)
    (23) Summary of the public hearing which was held on the revised 
rules which were submitted on July 17, 1975, by the Governor's office 
was submitted by the Iowa Department of Environmental Quality on 
September 3, 1975. (non-regulatory)
    (24) Letter which withdrew amended Subrule 4.3(2)c. from the 
proposed Iowa plan revision submitted on July 17, 1975, was submitted by 
the Governor's office on January 20, 1976.
    (25) Revisions to Rules 1.2, 2.1, 3.1, 3.2, 4.1, 4.3, 4.4, and new 
Chapters 14 and 52

[[Page 770]]

of the Iowa Administrative Code Relating to Air Pollution Control were 
submitted June 9, 1976, by the Department of Environmental Quality 
(Subrules 4.3(3)a(1) and 4. 3(3)a(5) were disapproved).
    (26) Additional air quality modeling to support the sulfur dioxide 
emission standards of Subrules 4.3(3)a(1) and 4.3(3)a(2) was submitted 
March 4, 1977, by the Department of Environmental Quality (Non-
regulatory).
    (26a) Revisions of Rules 1.2, 4.3(2)b, 4.4(6), 4.4(12) and of 
Chapter 7 of the Iowa Administrative Code relating to Air Pollution 
Control were submitted June 20, 1977, by the Department of Environmental 
Quality.
    (27) Nonattainment plan provisions as required by the Clean Air Act 
Amendments of 1977 were submitted on June 22, 1979, by the Department of 
Environmental Quality. The submission included amended rule 4.3(2) 
relating to fugitive dust and new rule 4.5 relating to offsets for 
particulate matter. The revisions included attainment plans for 
particulate in Mason City and Davenport, particulate and ozone in Cedar 
Rapids and particulate and carbon monoxide in Des Moines. The submission 
was disapproved in part for failure to meet the requirements of Section 
173 and was conditionally approved with respect to several requirements.
    (28) On October 8, 1979, the Iowa Department of Environmental 
Quality submitted additional information to support the June 22, 1979, 
submission.
    (29) On November 16, 1979, the Iowa Air Quality Commission submitted 
additional information and commitments to allow approval or conditional 
approval of portions of the June 22, 1979, submission.
    (30) Nonattainment plan provisions as required by the Clean Air Act 
Amendments of 1977 were submitted on April 18, 1980, by the Department 
of Environmental Quality. The submission included amended rule 4.3(2) 
relating to fugitive dust and amended rule 3.5 relating to particulate 
matter offsets. The revisions included plans to attain the secondary 
particulate standards for all areas designated nonattainment as of March 
6, 1980. The submission was conditionally approved with respect to 
several requirements.
    (31) The State of Iowa Lead State Implementation Plan was submitted 
on August 19, 1980 by the Director of the Department of Environmental 
Quality.
    (32) Additional information to support the April 18, 1980 submission 
was submitted on September 16, 1980, by the Department of Environmental 
Quality.
    (33) Additional information to support the April 18, 1980 submission 
was submitted on November 17, 1980, by the Department of Environmental 
Quality.
    (34) A revised Chapter 5, dealing with excess emissions and 
malfunctions was submitted on December 23, 1980, by the Department of 
Environmental Quality.
    (35) [Reserved]
    (36) A letter was submitted dated January 19, 1981 by the Director 
of the Department of Environmental Quality which provided additional 
information concerning the Iowa Lead State Implementation Plan.
    (37) A variance from 400--4.2(1) of the Iowa Administrative Code for 
the Iowa Army Ammunition Plant at Middletown, Iowa, was submitted on 
October 19, 1979 by the Executive Director.
    (38) Revisions to Subrule 400--4.3(2)``c'' relating to fugitive 
emissions control and a document describing how this subrule is to be 
enforced were submitted on June 1, 1981, by the Department of 
Environmental Quality.
    (39) A schedule for studying nontraditional sources of particulate 
matter and for implementing the results of the studies in the form of 
control strategies was submitted on June 26, 1981 by the Department of 
Environmental Quality. (Non-Regulatory).
    (40) Revisions to Subrule 400--4.3(2)``b'' relating to particulate 
emissions from fuel burning sources were submitted on July 31, 1981, by 
the Department of Environmental Quality.
    (41) The Iowa Ambient Air Monitoring Strategy was submitted July 15, 
1981, by the Department of Environmental Quality (non-regulatory).
    (42) A conditional permit containing an alternative emission 
reduction program for the Progressive Foundry, Inc., of Perry, Iowa, 
under 400-3.7 and 400-4.6 of the Iowa Administrative Code; and an 
administrative order setting forth a compliance schedule, were submitted 
on December 18, 1981, by the Executive

[[Page 771]]

Director. The conditional permit specifies particulate emissions not to 
exceed 16.3 pounds per hour from the gray iron cupola with a process 
weight rate not to exceed 8534 pounds per hour and specifies the casting 
shakeout exhaust system shall not exceed 0.05 grains per standard cubic 
foot nor 12.8 pounds per hour of particulate matter. The compliance 
schedule specifies a final compliance date of September 1, 1983.
    (43) On July 1, 1983, the State's air pollution control regulations 
were recodified at Department 900, Title II, Chapters 20 through 29.
    (44) Revised Chapter 22 regulations, dealing with new source review 
in nonattainment areas, were submitted on July 18, 1984, by the Iowa 
Department of Water, Air and Waste Management. Subrules 22.5(4) g, i, 
and j remain unapproved. EPA will temporarily defer action on these 
subrules pending a May 14, 1985, commitment from the State to submit 
appropriate revisions.
    (i) Incorporation by reference. Revised Chapter 22 regulations, 
dealing with new source review in nonattainment areas, adopted by the 
State on July 17, 1984.
    (ii) Additional material.May 14, 1985, letter of commitment from the 
State to revise unapprovable portions of their Chapter 22 air pollution 
regulations.
    (45) Revised Chapter 22 subrules 22.5(2) a and b; and revised 
subrules 22.5(4) g, i, and j, all relating to new source review in 
nonattainment areas, were submitted on December 31, 1985, by the Iowa 
Department of Water, Air and Waste Management.
    (a) Incorporation by reference.
    (i) Revised Chapter 22 subrules 22.5(2) a and b; and subrules 
22.5(4) g, i, and j, adopted by the State on December 17, 1985.
    (ii) April 22, 1986, letter of commitment from the Iowa Department 
of Water, Air and Waste Management to submit stack height regulations by 
May 30, 1986, and to implement EPA's stack height requirements until 
such time that the regulations are fully approved.
    (46) Revised Chapter 22 regulations pertaining to new source review 
in attainment and unclassified areas of the state (PSD) were submitted 
on March 9, 1987, by the Iowa Department of Natural Resources.
    (i) Incorporation by reference. (A) Iowa Administrative Bulletin 
(ARC 7446), amendments to Chapter 22, ``Controlling Pollution,'' adopted 
by the Iowa Environmental Protection Commission on February 17, 1987.
    (B) Letter from Iowa dated April 22, 1987, committing to 
implementation of its stack height regulations in a manner consistent 
with EPA's stack height regulations with respect to new source review/
PSD regulations.
    (47) Revised Chapters 22 and 23 regulations pertaining to stack 
height credits for modeling purposes were submitted on May 20, 1986, by 
the Iowa Department of Natural Resources. Revised definition of 
``emission limitation'' and ``emission standard'' at Iowa regulation 
567.20.2(455B), Definitions.
    (i) Incorporation by reference. (A) Iowa Administrative Bulletin 
(ARC 6566), amendments to Chapter 22, ``Controlling Pollution'' and 
Chapter 23, ``Emission Standards for Contaminants'' adopted by the Iowa 
Environmental Protection Commission on April 22, 1986, effective June 
25, 1986.
    (B) Iowa Administrative Bulletin (ARC 8023) amendment to 567-
20.2(455B). Effective September 22, 1987.
    (48) Revised Chapter 22, subrule 22.1(2)``d'' exemptions from permit 
requirements were submitted on September 13, 1988, by the Iowa 
Department of Natural Resources. The revision clarifies permit 
exemptions for certain grain roasting equipment.
    (i) Incorporation by reference. (A) Amendment to Chapter 22, 
``Controlling Pollution,'' Iowa Administrative Code, subrule 
22.1(2)``d'', effective September 14, 1988.
    (49) Revised Polk County, Iowa, Board of Health Rules and 
Regulations, Chapter V, Air Pollution, submitted by the Iowa Department 
of Natural Resources on February 3, 1988. EPA approves these regulations 
with the provision that any operating permit which changes any 
requirement of the Iowa SIP, including requirements in any construction 
permit, must be submitted to EPA, and approved, as a SIP revision. In 
the absence of such approval, the enforceable requirements shall be 
those in the Iowa SIP.

[[Page 772]]

    (i) Incorporation by reference. (A) Ordinance No. 28, Amendment to 
Polk County Board of Health Rules and Regulations chapter V, Air 
Pollution, Article I, 5-1 and 5-2 (except for variance); Article II, 5-
3; and Article X, 5-28 through 5.50-1 (except for 5-49 and 5-50), 
effective October 8, 1987.
    (ii) Additional material. (A) None.
    (50) Revised Linn County, Iowa, Chapter 10 Ordinance ``Air Pollution 
Control'' submitted as a SIP revision by the Iowa Department of Natural 
Resources on February 3, 1988. EPA approves these regulations with the 
provision that any operating permit which changes any requirement of the 
Iowa SIP, including requirements in any construction permit, must be 
submitted to EPA, and approved, as a SIP revision. In the absence of 
such approval, the enforceable requirements shall be those in the Iowa 
SIP.
    (i) Incorporation by reference. (A) Linn County Chapter 10 Ordinance 
``Air Pollution Control'' sections 10.1 (except for 10.1(50)), 10.2, 
10.3, and 10.4, adopted by the Linn County Board of Supervisors on 
September 2, 1987.
    (ii) Additional material. (A) None.
    (51) Revised Iowa regulations pertaining to PM10 were 
submitted by the state on October 28, 1988. These rules became effective 
on December 21, 1988.
    (i) Incorporation by reference. (A) Amended Iowa Administrative Code 
pertaining to the prevention, abatement, and control of air pollution: 
Chapter 20, ``Scope of Title--Definitions--Forms--Rules of Practice;'' 
Chapter 22, ``Controlling Pollution;'' Chapter 26, ``Prevention of Air 
Pollution Emergency Episodes;'' and Chapter 28, ``Ambient Air Quality 
Standards,'' effective December 21, 1988.
    (ii) Additional information. (A) None.
    (52) Revised chapter 22, subrule 22.4(1), submitted on May 7, 1990, 
incorporates by reference revised EPA Modeling Guideline Supplement A, 
July 1987, and recodified air quality rules chapter 20-29.
    (i) Incorporation by reference. (A) Amendment to chapter 22, 
``Controlling Pollution,'' Iowa Administrative Code, subrule 22.4(1). 
Effective March 14, 1990.
    (B) Recodification of Iowa Administrative Code, title II--Air 
Quality, chapters 20-29, effective December 3, 1986.
    (53) Revised chapter 22, rule 22.4(455B), submitted on November 8, 
1990, incorporates by reference revised EPA PSD rules pertaining to NO 
X increments.
    (i) Incorporation by reference. (A) Amendment to chapter 22, 
``Controlling Pollution,'' Iowa Administrative Code, subrule 22.4, 
adopted by the Environmental Protection Commission on October 17, 1990, 
effective November 21, 1990.
    (ii) Additional material. (A) Letter from the state dated November 
8, 1990, pertaining to NO X rules and analysis which 
certifies the material was adopted by the state on October 17, 1990.
    (54) On March 13, 1991, the Iowa Department of Natural Resources 
(IDNR) submitted a plan revision pertaining to major SO2 
sources in Clinton County, Iowa.
    (i) Incorporation by reference. (A) Administrative Consent Order 
90-AQ-10, signed by Larry Wilson, Director, IDNR, dated July 5, 
1990, and revision dated March 25, 1991. Also, three letters to Archer-
Daniels-Midland (ADM) Company dated June 20, 1990, signed by Michael 
Hayward, IDNR, which contain or reference new or revised permit 
conditions for ADM sources, and a letter to ADM from IDNR dated February 
26, 1991, correcting certain permit provisions.
    (B) Administrative Consent Order 89-AQ-04, signed by Larry 
Wilson, Director, IDNR, dated February 21, 1990. Also, two letters to 
Interstate Power Company dated January 25 and 29, 1990, and signed by 
Michael Hayward, IDNR, which contain supplemental permit condition for 
permits 74-A-117-S and 78-A-157-S.
    (ii) Additional material. (A) Letter and supplemental material from 
Larry J. Wilson to Morris Kay dated March 13, 1991.
    (55) Revised Polk County, Iowa Board of Health Rules and 
Regulations, chapter V, Air Pollution, submitted by the Iowa Department 
of Natural Resources on May 23, 1991.
    (i) Incorporation by reference. (A) Polk County Board of Health 
Rules and Regulations, chapter V, Air Pollution, Ordinances 28, 72 and 
85, effective May 1,

[[Page 773]]

1991, except for the following: Article I, definition of variance; 
Article VI, Section 5-16 (n), (o), and (p); Article VI, Section 5-17(d), 
variance provision; Article VIII; Article IX, Sections 5-27(3) and 5-
27(4); and Article X, Division 5--Variance.
    (ii) Additional material. (A) Letter from Allan Stokes to William A. 
Spratlin dated October 23, 1991.
    (56) Revised Chapter 23, rule 23.2, submitted on October 3, 1991, 
incorporates changes to the open burning rule.
    (i) Incorporation by reference. (A) Amendment to Chapter 23, 
``Emission Standards for Contaminants, ``Iowa Administrative Code, 
subrule 23.2, adopted by the Environmental Protection Commission, 
effective September 12, 1990.
    (ii) Additional information. (A) Letter from Allan Stokes, IDNR, to 
William Spratlin, dated October 3, 1991.
    (57) On January 5, 1993, the Iowa Department of Natural Resources 
(IDNR) submitted air quality rule revisions to Iowa Administrative Code, 
Chapters 20, 22, 23, 24, 25, 29, and revisions to the Compliance 
Sampling Manual.
    (i) Incorporation by reference. (A) Revisions to Chapter 20 (20.2), 
Scope of Title-Definitions-Forms-Rules of Practice; Chapter 22 (22.3(1), 
22.4, 22.5(2)), Controlling Pollution; Chapter 23 (23.2(3), 23.3(2), 
23.3(3), 23.4(12)), Emission Standards for Contaminants; Chapter 24 
(24.1(1), 24.1(5)), Excess Emission; Chapter 25, (25.1(7), 25.1(9)), 
Measurement of Emissions and rescind 25.1(10)d; and Chapter 29 (29.1), 
Qualification in Visual Determination of the Opacity of Emissions. These 
revisions were adopted by the Iowa Environmental Protection Commission 
on December 21, 1992, and became effective on February 24, 1993.
    (ii) Additional material. (A) Letter from Larry Wilson, IDNR, to 
Morris Kay, EPA, dated January 5, 1993, and the Compliance Sampling 
Manual, revised December 1992.
    (58) A plan for implementation of the Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program was 
submitted by the Iowa Department of Natural Resources as a revision to 
the Iowa SIP on December 22, 1992.
    (i) Incorporation by reference. (A) Revisions to the Iowa State 
Implementation Plan for the Small Business Stationary Source Technical 
and Environmental Compliance Assistance Program dated December 1992.
    (59) On May 5, 1994, the Director of the Iowa Department of Natural 
Resources submitted revisions to the State Implementation Plan (SIP) to 
update the state's incorporation by reference and conformity to various 
federally approved regulations.
    (i) Incorporation by reference. (A) Revised rules, ``Iowa 
Administrative Code,'' effective January 12, 1994. This revision 
approves an amendment to paragraph 23.2(3)g pertaining to open fires 
burned for the purpose of training fire-fighting personnel.
    (B) Revised rules, ``Iowa Administrative Code,'' effective April 20, 
1994. This revision approves amendments to rules 22.4; 23.3(2)d (3) and 
(4); 23.4(6); and 25.1(9). These rules concern the update of the state's 
incorporation of prevention of significant deterioration and test method 
requirements.
    (ii) Additional material.None.
    (60) On May 5, 1994, the Director of the Iowa Department of Natural 
Resources submitted revisions to the State Implementation Plan (SIP) to 
update the state's incorporation by reference and conformity to various 
Federally approved regulations.
    (i) Incorporation by reference. (A) Revised rules, ``Polk County 
Ordinance No. 132--Polk County Board of Health Rules and Regulations,'' 
effective December 2, 1993. This revision approves all articles in 
Chapter V, except for Article VI, Section 5-16(n) and (p), Article VIII, 
and Article XIII.
    (ii) Additional material. (A) None.
    (61) On October 18, 1994, and January 26, 1995, the Director of the 
Iowa Department of Natural Resources submitted revisions to the state 
implementation plan (SIP) to include special requirements for 
nonattainment areas, provisions for use of compliance, and enforcement 
information and adoption of EPA definitions. These revisions fulfill 
Federal regulations which strengthen maintenance of established air 
quality standards.
    (i) Incorporation by reference. (A) Revised rules ``Iowa 
Administrative

[[Page 774]]

Code,'' effective November 16, 1994. This revision approves revised 
rules 567-20.2, 567-22.5(1)a, 567-22.5(1)f(2), 567-22.5(1)m, 567-
22.5(2), 567-22.5(3), 567-22.5(4)b, 567-22.5(6), 567-22.5(7), 567-
22.105(2), and new rule 567-21.5. These rules provide for special 
requirements for nonattainment areas, provisions for use of compliance 
and enforcement information and adopts EPA's definition of volatile 
organic compound.
    (B) Revised rules, ``Iowa Administrative Code,'' effective February 
22, 1995. This revision approves new definitions to rule 567-20.2. This 
revision adopts EPA's definitions of ``EPA conditional method'' and 
``EPA reference method.''
    (ii) Additional material. None.
    (62) [Reserved]
    (63) On December 8, 1994; February 16, 1996; and February 27, 1996, 
the Director of the Iowa Department of Natural Resources submitted 
revisions to the State Implementation Plan (SIP) to create a voluntary 
operating permit program as an alternative to Title V. These revisions 
strengthen maintenance of established air quality standards.
    (i) Incorporation by reference. (A) ``Iowa Administrative Code,'' 
sections 567-22.200-22.208, effective December 14, 1994. These rules 
create the voluntary operating permit program.
    (B) ``Iowa Administrative Code,'' sections 567-22.201(1)``a'' and 
22.206(1)``h'', effective January 11, 1995.
    (C) ``Iowa Administrative Code,'' section 567-22.203(1)``a''(1), 
effective February 24, 1995.
    (D) ``Iowa Administrative Code,'' sections 567-20.2; 22.200; 
22.201(1)``a'' and ``b''; 22.201(2)``a''; and 22.206(2)``c'', effective 
October 18, 1995.
    (ii) Additional material. (A) Letter from Allan E. Stokes, Iowa 
Department of Natural Resources, to William A. Spratlin, U.S. EPA, dated 
February 16, 1995. This letter outlines various commitments by the state 
to meet requirements outlined by the EPA.
    (64) In correspondence dated February 16, 1996, February 19, 1996, 
and February 27, 1996, the Director of the Iowa Department of Natural 
Resources (IDNR) submitted revisions to the State Implementation Plan 
concerning open burning, new source review (NSR) requirements for 
nonattainment areas, test method and definition updates.
    (i) Incorporation by reference. (A) ``Iowa Administrative Code,'' 
section 567-22.8(1), effective July 12, 1995, containing a permit by 
rule for spray booths.
    (B) ``Iowa Administrative Code,'' sections 567-23.2(3); 23.2(4), 
effective April 19, 1995, addressing open burning.
    (C) ``Iowa Administrative Code,'' sections 567-22.5 (2)-(6), (8)-
(10), effective March 20, 1996. These rules address NSR requirements in 
nonattainment areas.
    (D) ``Iowa Administrative Code,'' sections 567-20.2; 22.4(1); and 
25.1(9), effective July 12, 1995. These rules address test method and 
definition updates.
    (E) ``Iowa Administrative Code,'' section 567-31.1, effective 
February 22, 1995. This rule addresses permit requirements relating to 
nonattainment areas.
    (ii) Additional material. (A) Letter dated July 11, 1997, from Pete 
Hamlin, IDNR, to Wayne Leidwanger, EPA, requesting approval under 
112(l).
    (65) On June 13, 1996, and April 25, 1997, the Director of the Iowa 
Department of Natural Resources (IDNR) submitted a revision to the State 
Implementation Plan (SIP) which included permits containing source 
specific emission limits and conditions for three sources in Muscatine, 
Iowa.
    (i) Incorporation by reference. (A) Grain Processing Corporation 
permits 95-A-374, 74-A-015-S, 79-A-194-S, 
79-A-195-S, signed September 18, 1995.
    (B) Muscatine Power and Water permits 74-A-175-S, 
95-A-373 signed September 14, 1995.
    (C) Monsanto Corporation permits 76-A-265S3, 76-A-
161S3, signed July 18, 1996.
    (ii) Additional material. (A) Letters from Allan E. Stokes, IDNR, to 
Dennis Grams, Environmental Protection Agency, dated June 13, 1996, and 
April 21, 1997, containing supporting SIP information.
    (66) On April 2, 1997, the Director of the Iowa Department of 
Natural Resources submitted revisions to the State Implementation Plan 
(SIP) for the State's two local agencies: the Polk County Public Works 
Department and Linn County Health Department.

[[Page 775]]

    (i) Incorporation by reference. (A) Revised rules, ``Polk County 
Board of Health Rules and Regulations: Chapter V, Air Pollution,'' 
effective December 18, 1996. This revision approves all articles insofar 
as they pertain to the SIP. Article XIII is specifically excluded from 
this approval. No action is taken on Sections 5-16(n), 5-16(p), 5-20, 
and 5-27(3) and (4).
    (B) Revised rules, ``Linn County Air Pollution Control Code of 
Ordinances,'' effective March 7, 1997. This revision approves all 
sections insofar as they pertain to the SIP. Sections 10.4(1.), 10.11, 
and 10.15 are specifically excluded from this approval. No action is 
taken on Sections 10.9(2.), 10.9(3.), 10.9(4.), and the definition of 
``federally enforceable'' in Section 10.2.
    (ii) Additional material. (A) Letter from Allan E. Stokes, Iowa 
Department of Natural Resources, to William A. Spratlin, Environmental 
Protection Agency, dated May 15, 1997. This letter provides additional 
information regarding various administrative requirements outlined in 40 
CFR part 51.
    (67) In correspondence dated October 21, 1997, and January 21, 1998, 
the Director of the Iowa Department of Natural Resources submitted 
revisions to the State Implementation Plan.
    (i) Incorporation by reference. (A) ``Iowa Administrative Code'' 
sections567-22.8(1) ``b,'' ``c,'' and ``e,''567-22.203(1) ``a,'' 567-
22.300, 567-22.300(1) through 567-22.300(11), 567-23.3(2) ``d,'' and 
567-29.1, effective June 12, 1996.
    (B) ``Iowa Administrative Code''section 567-20.2, effective October 
16, 1996.
    (C) ``Iowa Administrative Code'' sectuibs 567-22.300(40 ``b''(1), 
567-22.300(8) ``a''(1), and 567-22.300(8)``b''(2), effective December 
25, 1996. (D) ``Iowa Administrative Code'' sections 567-20.2, 567-
22.2(1), 567-22.201(1) ``a,'' 567-22.201(2) ``b,'' 567-22.202, 567-
22.203(1), 567-22.300(3) ``b'' and ``c,'' 567-22.300(8) ``a,'' effective 
May 14, 1997.
    (ii) Additional material. (A) ``Iowa Administrative Code'' section 
567-23.1(5), Calculation of emission limitations based upon stack 
height, was renumbered to section 567-23.1(6), effective August 20, 
1997.

[37 FR 10865, May 31, 1972. Redesignated at 64 FR 7094, Feb. 12, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
52.824, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.825  Compliance schedules.

    (a) [Reserved]
    (b) Regulation for increments of progress. (1) Except as provided in 
paragraph (b)(2) of this section, the owner or operator of any 
stationary source subject to regulation 4.3.(3)(b), ``Rules and 
Regulations Relating to Air Pollution Control of the Iowa Air Pollution 
Control Commission'' shall, no later than December 31, 1972, submit to 
the Administrator for approval, a proposed compliance schedule that 
demonstrates compliance with the applicable regulation as expeditiously 
as practicable but no later than January 1, 1975. The compliance 
schedule shall provide for periodic increments of progress towards 
compliance. The dates for achievement of such increments shall be 
specified. Increments of progress shall include, but not be limited to: 
Letting of necessary contract for construction or process changes, if 
applicable; initiation of construction; completion and start-up of 
control system; performance tests; and submittal of performance test 
analysis and results.
    (2) Where any such owner or operator demonstrates to the 
satisfaction of the Administrator that compliance with the applicable 
regulations will be achieved on or before December 31, 1973, no 
compliance schedule shall be required.
    (3) Any owner or operator who submits a compliance schedule pursuant 
to this paragraph shall, within 5 days after the deadline for each 
increment of progress, certify to the Administrator whether or not the 
required increment of the approved compliance schedule has been met.
    (4) Any compliance schedule adopted by the State and approved by the 
Administrator shall satisfy the requirements of this paragraph for the 
affected source.

[[Page 776]]

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

                                                                          Iowa
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             Variance expiration
               Source                       Location           Regulation involved        Date adopted               date          Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Iowa Army Ammunition Plant           Middletown, Iowa......  400--4.2(1)...........  June 14, 1979........  Feb. 28, 1982........  Feb. 1982.
 (explosive contaminated waste
 burning).
Progressive Foundry, Inc., cupola    Perry.................  400-4.6...............  Nov. 6, 1981.........  .....................  Sept. 1, 1983.
 and casting shakeout area.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note 1: Linn County Health Department does not issue variances if source(s) is on an approvable compliance schedule.
Note 2: Polk County Department of Health does not issue variances if source(s) is on an accepted and approved compliance schedule.
Note 3: City of Des Moines, Department of Public Health does not issue variances if source(s) is on an accepted and approved compliance schedule.


[37 FR 10865, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.825, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. Sec. 52.826-52.827  [Reserved]



Sec. 52.828  Enforcement.

    (a) Sections 23(1)(b) and 13(7) of Senate File 85, Division II for 
Iowa are disapproved insofar as they permit the Air Quality Commission 
of the Iowa Department of Environmental Quality to issue abatement 
orders (1) that defer compliance with plan requirements beyond the dates 
required for attainment of the national standards, (2) without the 
approval of the Administrator, and (3) for reasons not permitted by the 
Clean Air Act.
    (b) Regulation limiting administrative abatement orders:
    (1) No order deferring compliance with a requirement of the Iowa 
Implementation Plan shall be issued by the Air Quality Commission of the 
Iowa Department of Environmental Quality which does not meet the 
following requirements:
    (i) An order must require compliance with the plan requirement 
within the times and under the conditions specified in Sec. 51.261 (a) 
and (b) of this chapter.
    (ii) An order may not defer compliance beyond the last date 
permitted by section 110 of the Act for attainment of the national 
standard which the plan implements unless the procedures and conditions 
set forth in section 110(f) of the Act are met.
    (iii) An order shall not be effective until it has been submitted to 
and approved by the Administrator in accordance with 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 standard 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 30877, Nov. 8, 1973, as amended at 51 FR 40675, 40676, 40677, 
Nov. 7, 1986; 52 FR 24367, June 30, 1987]



Sec. Sec. 52.829-52.832  [Reserved]



Sec. 52.833  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are met, except for sources seeking permits to locate on Indian 
lands in the state of Iowa; and certain sources affected by the stack 
height rules described in a letter from Iowa dated April 22, 1987.
    (b) Regulations for preventing significant deterioration of air 
quality.

[[Page 777]]

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 Iowa for sources wishing to locate on Indian lands; and certain 
sources as identified in Iowa's April 22, 1987, letter.

[71 FR 16053, Mar. 30, 2006]



Sec. 52.834  Control strategy: Sulfur dioxide.

    Approval--On April 21, 1997, the Iowa Department of Natural 
Resources (IDNR) submitted a maintenance plan and redesignation request 
for the Muscatine County nonattainment area. The maintenance plan and 
redesignation request satisfy all applicable requirements of the Clean 
Air Act.

[63 FR 13345, Mar. 19, 1998]



Sec. 52.840  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 and each unit located 
in the State of Iowa and Indian country within the borders of the State 
and for which requirements are set forth under the TR NOX 
Annual Trading Program in subpart AAAAA of part 97 of this chapter must 
comply with such requirements. The obligation to comply with such 
requirements with regard to sources and units in the State will be 
eliminated by the promulgation of an approval by the Administrator of a 
revision to Iowa's State Implementation Plan (SIP) as correcting in part 
the SIP's deficiency that is the basis for the TR Federal Implementation 
Plan under Sec. 52.38(a), except to the extent the Administrator's 
approval is partial or conditional. The obligation to comply with such 
requirements with regard to sources and units located in Indian country 
within the borders of the State will not be eliminated by the 
promulgation of an approval by the Administrator of a revision to Iowa's 
SIP.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this 
section, if, at the time of the approval of Iowa's SIP revision 
described in paragraph (a)(1) of this section, the Administrator has 
already started recording any allocations of TR NOX Annual 
allowances under subpart AAAAA of part 97 of this chapter to units in 
the State for a control period in any year, the provisions of subpart 
AAAAA of part 97 of this chapter authorizing the Administrator to 
complete the allocation and recordation of TR NOX Annual 
allowances to units in the State for each such control period shall 
continue to apply, unless provided otherwise by such approval of the 
State's SIP revision.
    (b)(1) The owner and operator of each source and each unit located 
in the State of Iowa and Indian country within the borders of the State 
and for which requirements are set forth under the TR NOX 
Ozone Season Trading Program in subpart BBBBB of part 97 of this chapter 
must comply with such requirements. The obligation to comply with such 
requirements with regard to sources and units in the State will be 
eliminated by the promulgation of an approval by the Administrator of a 
revision to Iowa's State Implementation Plan (SIP) as correcting the 
SIP's deficiency that is the basis for the TR Federal Implementation 
Plan under Sec. 52.38(b), except to the extent the Administrator's 
approval is partial or conditional. The obligation to comply with such 
requirements with regard to sources and units located in Indian country 
within the borders of the State will not be eliminated by the 
promulgation of an approval by the Administrator of a revision to Iowa's 
SIP.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this 
section, if, at the time of the approval of Iowa's SIP revision 
described in paragraph (b)(1) of this section, the Administrator has 
already started recording any allocations of TR NOX Ozone 
Season allowances under subpart BBBBB of part 97 of this chapter to 
units in the State for a control period in any year, the provisions of 
subpart BBBBB of part 97 of this chapter authorizing the Administrator 
to complete the allocation and recordation of TR NOX Ozone 
Season allowances to units in the State for each such control period 
shall continue to apply, unless provided otherwise by such approval of 
the State's SIP revision.

[76 FR 48364, Aug. 8, 2011, as amended at 76 FR 80774, Dec. 27, 2011]

[[Page 778]]



Sec. 52.841  Interstate pollutant transport provisions; What are the FIP 

requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each source and each unit located in 
the State of Iowa and Indian country within the borders of the State and 
for which requirements are set forth under the TR SO2 Group 1 
Trading Program in subpart CCCCC of part 97 of this chapter must comply 
with such requirements. The obligation to comply with such requirements 
with regard to sources and units in the State will be eliminated by the 
promulgation of an approval by the Administrator of a revision to Iowa's 
State Implementation Plan (SIP) as correcting in part the SIP's 
deficiency that is the basis for the TR Federal Implementation Plan 
under Sec. 52.39, except to the extent the Administrator's approval is 
partial or conditional. The obligation to comply with such requirements 
with regard to sources and units located in Indian country within the 
borders of the State will not be eliminated by the promulgation of an 
approval by the Administrator of a revision to Iowa's SIP.
    (b) Notwithstanding the provisions of paragraph (a) of this section, 
if, at the time of the approval of Iowa's SIP revision described in 
paragraph (a) of this section, the Administrator has already started 
recording any allocations of TR SO2 Group 1 allowances under 
subpart CCCCC of part 97 of this chapter to units in the State for a 
control period in any year, the provisions of subpart CCCCC of part 97 
of this chapter authorizing the Administrator to complete the allocation 
and recordation of TR SO2 Group 1 allowances to units in the 
State for each such control period shall continue to apply, unless 
provided otherwise by such approval of the State's SIP revision.

[76 FR 48365, Aug. 8, 2011]



Sec. 52.842  Visibility protection.

    (a) Regional Haze. The requirements of section 169A of the Clean Air 
Act are not met because the regional haze plan submitted by Iowa on 
March 25, 2008, does not include fully approvable measures for meeting 
the requirements of 40 CFR 51.308(d)(3) and 51.308(e) with respect to 
emissions of NOX and SO2 from electric generating 
units. EPA has given limited approval and limited disapproval to the 
plan provisions addressing these requirements.
    (b) Measures Addressing Limited Disapproval Associated with NOX. The 
deficiencies associated with NOX identified in EPA's limited 
disapproval of the regional haze plan submitted by Iowa on March 25, 
2008, are satisfied by Sec. 52.840.
    (c) Measures Addressing Limited Disapproval Associated with SO2. The 
deficiencies associated with SO2 identified in EPA's limited 
disapproval of the regional haze plan submitted by Iowa on March 25, 
2008, are satisfied by Sec. 52.841.

    Effective Date Note: At 77 FR 33657, June 7, 2012, Sec. 52.842 was 
added, effective August 6, 2012. At 77 FR 38007, June 26, 2012, 
paragraph (a) was revised, effective August 6, 2012.



                            Subpart R_Kansas



Sec. 52.869  [Reserved]



Sec. 52.870  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable SIP 
for Kansas 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) and (d) of this section with 
an EPA approval date prior to December 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 it exists on the date of the approval, and notice of any 
change in the material will be published in the Federal Register. 
Entries in paragraphs (c) and (d) of this section with EPA approval 
dates after December 1, 2008, will be incorporated by reference in the 
next update to the SIP compilation.
    (2) EPA Region 7 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 
December 1, 2008.
    (3) Copies of the materials incorporated by reference may be 
inspected

[[Page 779]]

at the Environmental Protection Agency, Region 7, Air Planning and 
Development Branch, 901 North 5th Street, Kansas City, Kansas 66101; at 
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). If 
you wish to obtain material from the EPA Regional Office, please call 
(913) 551-7659; for material from a docket in EPA Headquarters Library, 
please call the Office of Air and Radiation Docket at (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 Kansas Regulations
----------------------------------------------------------------------------------------------------------------
                                                     State
     Kansas citation               Title           effective       EPA approval date            Explanation
                                                     date
----------------------------------------------------------------------------------------------------------------
       Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control
----------------------------------------------------------------------------------------------------------------
                                               General Regulations
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-6...........  Statement of Policy..      1/1/72  5/31/72, 37 FR 10867.......  Kansas revoked this
                                                                                            rule 5/1/82.
K.A.R. 28-19-8...........  Reporting Required...     1/23/95  7/17/95, 60 FR 36361.......
K.A.R. 28-19-9...........  Time Schedule for          5/1/84  12/21/87, 52 FR 48265......
                            Compliance.
K.A.R. 28-19-10..........  Circumvention of           1/1/71  5/31/72, 37 FR 10867.......
                            Control Regulations.
K.A.R. 28-19-11..........  Exceptions Due to          1/1/74  11/8/73, 38 FR 30876.......
                            Breakdowns or
                            Scheduled
                            Maintenance.
K.A.R. 28-19-12..........  Measurement of             1/1/71  5/31/72, 37 FR 10867.......
                            Emissions.
K.A.R. 28-19-13..........  Interference with          1/1/74  11/8/73, 38 FR 30876.......
                            Enjoyment of Life
                            and Property.
K.A.R. 28-19-14..........  Permits Required.....     1/24/94  7/17/95, 60 FR 36361.......
K.A.R. 28-19-15..........  Severability.........      1/1/71  5/31/72, 37 FR 10867.......
----------------------------------------------------------------------------------------------------------------
                                         Nonattainment Area Requirements
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-16..........  New Source Permit        10/16/89  1/16/90, 55 FR 1420........
                            Requirements for
                            Designated
                            Nonattainment Areas.
K.A.R. 28-19-16a.........  Definitions..........    10/10/97  1/11/00, 65 FR 1545........
K.A.R. 28-19-16b.........  Permit Required......    10/16/89  1/16/90, 55 FR 1420........
K.A.R. 28-19-16c.........  Creditable Emission      10/16/89  1/16/90, 55 FR 1420........  The EPA deferred
                            Reductions.                                                     action on the
                                                                                            state's current
                                                                                            definition of the
                                                                                            terms ``building,
                                                                                            structure, facility,
                                                                                            or installation'';
                                                                                            ``installation'';
                                                                                            and
                                                                                            ``reconstruction.''
K.A.R. 28-19-16d.........  Fugitive Emission        10/16/89  1/16/90, 55 FR 1420........
                            Exemption.
K.A.R. 28-19-16e.........  Relaxation of            10/16/89  1/16/90, 55 FR 1420........
                            Existing Emission
                            Limitations.
K.A.R. 28-19-16f.........  New Source Emission      10/16/89  1/16/90, 55 FR 1420........
                            Limits.
K.A.R. 28-19-16g.........  Attainment and           10/16/89  1/16/90, 55 FR 1420........
                            Maintenance of
                            National Ambient Air
                            Quality Standards.
K.A.R. 28-19-16h.........  Compliance of Other      10/16/89  1/16/90, 55 FR 1420........
                            Sources.
K.A.R. 28-19-16i.........  Operating                10/16/89  1/16/90, 55 FR 1420........
                            Requirements.
K.A.R. 28-19-16j.........  Revocation and           10/16/89  1/16/90, 55 FR 1420........
                            Suspension of Permit.
K.A.R. 28-19-16k.........  Notification             10/16/89  1/16/90, 55 FR 1420........
                            Requirements.
K.A.R. 28-19-16l.........  Failure to Construct.    10/16/89  1/16/90, 55 FR 1420........
K.A.R. 28-19-16m.........  Compliance with          10/16/89  1/16/90, 55 FR 1420........
                            Provisions of Law
                            Required.
----------------------------------------------------------------------------------------------------------------
                                          Attainment Area Requirements
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-17..........  Prevention of            11/22/02  2/26/03, 68 FR 8845........  K.A.R. 28-19-17a
                            Significant                                                     through 28-19-17q
                            Deterioration of Air                                            revoked. Provision
                            Quality.                                                        moved to K.A.R. 28-
                                                                                            19-350.
----------------------------------------------------------------------------------------------------------------

[[Page 780]]

 
                                            Stack Height Requirements
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-18..........  Stack Heights........      5/1/88  4/20/89, 54 FR 15934.......  The state regulation
                                                                                            has stack height
                                                                                            credit. The EPA has
                                                                                            not approved that
                                                                                            part.
K.A.R. 28-19-18b.........  Definitions..........      5/1/88  4/20/89, 54 FR 15934.......
K.A.R. 28-19-18c.........  Methods for                5/1/88  4/20/89, 54 FR 15934.......
                            Determining Good
                            Engineering Practice
                            Stack Height.
K.A.R. 28-19-18d.........  Fluid Modeling.......      5/1/88  4/20/89, 54 FR 15934.......
K.A.R. 28-19-18e.........  Relaxation of              5/1/88  4/20/89, 54 FR 15934.......
                            Existing Emission
                            Limitations.
K.A.R. 28-19-18f.........  Notification               5/1/88  4/20/89, 54 FR 15934.......
                            Requirements.
----------------------------------------------------------------------------------------------------------------
                                         Continuous Emission Monitoring
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-19..........  Continuous Emission        6/8/92  1/12/93, 58 FR 3847........
                            Monitoring.
----------------------------------------------------------------------------------------------------------------
                                         Processing Operation Emissions
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-20..........  Particulate Matter       10/16/89  1/16/90, 55 FR 1420........
                            Emission Limitations.
K.A.R. 28-19-21..........  Additional Emission      10/16/89  1/16/90, 55 FR 1420........
                            Restrictions.
K.A.R. 28-19-23..........  Hydrocarbon              12/27/72  11/8/73, 38 FR 30876.......
                            Emissions--Stationar
                            y Sources.
K.A.R. 28-19-24..........  Control of Carbon          1/1/72  11/8/73, 38 FR 30876.......
                            Monoxide Emissions.
----------------------------------------------------------------------------------------------------------------
                                      Indirect Heating Equipment Emissions
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-30..........  General Provisions...      1/1/72  5/31/72, 37 FR 10867.......
K.A.R. 28-19-31..........  Emission Limitations.     11/8/93  10/18/94, 59 FR 52425......
K.A.R. 28-19-32..........  Exemptions--Indirect      11/8/93  10/18/94, 59 FR 52425......
                            Heating Equipment.
----------------------------------------------------------------------------------------------------------------
                                              Incinerator Emissions
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-40..........  General Provisions...      1/1/71  5/31/72, 37 FR 10867.......
K.A.R. 28-19-41..........  Restriction of           12/27/72  11/8/73, 38 FR 30876.......
                            Emission.
K.A.R. 28-19-42..........  Performance Testing..      1/1/72  11/8/73, 38 FR 30876.......
K.A.R. 28-19-43..........  Exceptions...........      1/1/71  5/31/72, 37 FR 10867.......
----------------------------------------------------------------------------------------------------------------
                                            Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-55..........  General Provisions...      1/1/72  5/31/72, 37 FR 10867.......
K.A.R. 28-19-56..........  Episode Criteria.....    10/16/89  1/16/90, 55 FR 1420........
K.A.R. 28-19-57..........  Emission Reduction         1/1/72  5/31/72, 37 FR 10867.......
                            Requirements.
K.A.R. 28-19-58..........  Emergency Episode          1/1/72  5/31/72, 37 FR 10867.......
                            Plans.
----------------------------------------------------------------------------------------------------------------
                                       Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-61..........  Definitions..........     10/7/91  6/23/92, 57 FR 27936.......
K.A.R. 28-19-62..........  Testing Procedures...     10/7/71  6/23/92, 57 FR 27936.......
K.A.R. 28-19-63..........  Automobile and Light      11/8/93  10/18/94, 59 FR 52425......
                            Duty Truck Surface
                            Coating.
K.A.R. 28-19-64..........  Bulk Gasoline              5/1/88  5/18/88, 53 FR 17700.......
                            Terminals.
K.A.R. 28-19-65..........  Volatile Organic           5/1/88  5/18/88, 53 FR 17700.......
                            Compounds (VOC)
                            Liquid Storage in
                            Permanent Fixed Roof
                            Type Tanks.
K.A.R. 28-19-66..........  Volatile Organic           5/1/88  5/18/88, 53 FR 17700.......
                            Compounds (VOC)
                            Liquid Storage in
                            External Floating
                            Roof Tanks.
K.A.R. 28-19-67..........  Petroleum Refineries.      5/1/86  1/2/87, 52 FR 53...........
K.A.R. 28-19-68..........  Leaks from Petroleum       5/1/86  1/2/87, 52 FR 53...........
                            Refinery Equipment.
K.A.R. 28-19-69..........  Cutback Asphalt......      5/1/88  5/18/88, 53 FR 17700.......
K.A.R. 28-19-70..........  Leaks from Gasoline       5/15/98  1/11/00, 65 FR 1545........
                            Delivery Vessels and
                            Vapor Collection
                            Systems.
K.A.R. 28-19-71..........  Printing Operations..      5/1/88  5/18/88, 53 FR 17700.......
K.A.R. 28-19-72..........  Gasoline Dispensing        5/1/88  5/18/88, 53 FR 17700.......
                            Facilities.

[[Page 781]]

 
K.A.R. 28-19-73..........  Surface Coating of         6/8/92  1/12/93, 58 FR 3847........
                            Miscellaneous Metal
                            Parts and Products
                            and Metal Furniture.
K.A.R. 28-19-74..........  Wool Fiberglass            5/1/88  5/18/88, 53 FR 17700.......
                            Manufacturing.
K.A.R. 28-19-76..........  Lithography Printing      10/7/91  6/23/92, 57 FR 27936.......
                            Operations.
K.A.R. 28-19-77..........  Chemical Processing       10/7/91  6/23/92, 57 FR 27936.......
                            Facilities That
                            Operate Alcohol
                            Plants or Liquid
                            Detergent Plants.
----------------------------------------------------------------------------------------------------------------
                                               General Provisions
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-200.........  General Provisions;      10/10/97  1/11/00, 65 FR 1545........  New rule. Replaces
                            definitions.                                                    K.A.R. 28-19-7
                                                                                            definitions.
K.A.R. 28-19-201.........  General Provisions;      10/10/97  1/11/00, 65 FR 1545........  New rule. Replaces
                            Regulated Compounds                                             Regulated Compounds
                            List.                                                           in K.A.R. 28-19-7.
K.A.R. 28-19-204.........  Permit Issuance and       1/23/95  7/17/95, 60 FR 36361.......
                            Modification; Public
                            Participation.
K.A.R. 28-19-210.........  Calculation of Actual    11/22/93  1/11/00, 65 FR 1545........
                            Emissions.
K.A.R. 28-19-212.........  Approved Test Methods     1/23/95  7/17/95, 60 FR 36361.......
                            and Emission
                            Compliance
                            Determination
                            Procedures.
----------------------------------------------------------------------------------------------------------------
                                       Construction Permits and Approvals
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-300.........  Applicability........     1/23/95  7/17/95, 60 FR 36361.......
K.A.R. 28-19-301.........  Application and           1/23/95  7/17/95, 60 FR 36361.......
                            Issuance.
K.A.R. 28-19-302.........  Additional                1/23/95  7/17/95, 60 FR 36361.......
                            Provisions;
                            Construction Permits.
K.A.R. 28-19-303.........  Additional                1/23/95  7/17/95, 60 FR 36361.......
                            Provisions;
                            Construction
                            Approvals.
K.A.R. 28-19-304.........  Fees.................     1/23/95  7/17/95, 60 FR 36361.......
28-19-350................  Prevention of          01/02/2011  2/22/11, 76 FR 9658........  Approval does not
                            Significant                                                     include Kansas's
                            Deterioration (PSD)                                             revisions to the
                            of Air Quality.                                                 Ethanol Rule (72 FR
                                                                                            24060, May 1, 2007)
                                                                                            and to the Fugitive
                                                                                            Emissions Rule (73
                                                                                            FR 77882, December
                                                                                            19, 2008).
----------------------------------------------------------------------------------------------------------------
                                                 General Permits
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-400.........  General Requirements.     1/23/95  7/17/95, 60 FR 36361.......
K.A.R. 28-19-401.........  Adoption by the           1/23/95  7/17/95, 60 FR 36361.......
                            Secretary.
K.A.R. 28-19-402.........  Availability of           1/23/95  7/17/95, 60 FR 36361.......
                            Copies; Lists of
                            Sources to Which
                            Permits Issued.
K.A.R. 28-19-403.........  Application to            1/23/95  7/17/95, 60 FR 36361.......
                            Construct or Operate
                            Pursuant to Terms of
                            General Permits.
K.A.R. 28-19-404.........  Modification,             1/23/95  7/17/95, 60 FR 36361.......
                            Revocation.
----------------------------------------------------------------------------------------------------------------
                                                Operating Permits
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-500.........  Applicability........     1/23/95  7/17/95, 60 FR 36361.......
K.A.R. 28-19-501.........  Emissions Limitations     1/23/95  7/17/95, 60 FR 36361.......
                            and Pollution
                            Control Equipment
                            for Class I and
                            Class II Operating
                            Permits; Conditions.
K.A.R. 28-19-502.........  Identical Procedural      1/23/95  7/17/95, 60 FR 36361.......
                            Requirements.
----------------------------------------------------------------------------------------------------------------
                                           Class II Operating Permits
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-540.........  Applicability........     1/23/95  7/17/95, 60 FR 36361.......
K.A.R. 28-19-541.........  Application Timetable     1/23/95  7/17/95, 60 FR 36361.......
                            and Contents.
K.A.R. 28-19-542.........  Permit-by-Rule.......     9/23/05  2/8/08, 73 FR 7468.........
K.A.R. 28-19-543.........  Permit Term and           1/23/95  7/17/95, 60 FR 36361.......
                            Content; Operational
                            Compliance.
K.A.R. 28-19-544.........  Modification of           1/23/95  7/17/95, 60 FR 36361.......
                            Sources or
                            Operations.

[[Page 782]]

 
K.A.R. 28-19-545.........  Application Fee......     1/23/95  7/17/95, 60 FR 36361.......
K.A.R. 28-19-546.........  Annual Emission           9/23/05  2/8/08, 73 FR 7468.........
                            Inventory.
K.A.R. 28-19-561.........  Permit-by-Rule;           9/23/05  2/8/08, 73 FR 7468.........
                            Reciprocating
                            Engines.
K.A.R. 28-19-562.........  Permit-by-Rule;           9/23/05  2/8/08, 73 FR 7468.........
                            Organic Solvent
                            Evaporative Sources.
K.A.R. 28-19-563.........  Permit-by-Rule; Hot       9/23/05  2/8/08, 73 FR 7468.........
                            Mix Asphalt
                            Facilities.
K.A.R. 28-19-564.........  Permit-by-Rule;           10/4/02  3/26/03, 68 FR 14540.......
                            Sources with Actual
                            Emissions Less Than
                            50 Percent of Major
                            Source Thresholds.
----------------------------------------------------------------------------------------------------------------
                                            Open Burning Restrictions
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-645.........  Open Burning               3/1/96  10/2/96, 61 FR 51366.......
                            Prohibited.
K.A.R. 28-19-646.........  Responsibility for         3/1/96  10/2/96, 61 FR 51366.......
                            Open Burning.
K.A.R. 28-19-647.........  Exceptions to              3/1/96  10/2/96, 61 FR 51366.......
                            Prohibition on Open
                            Burning.
K.A.R. 28-19-648.........  Agricultural Open          3/1/96  10/2/96, 61 FR 51366.......
                            Burning.
K.A.R. 28-19-650.........  Emissions Opacity         1/29/99  1/11/00, 65 FR 1545........  New rule. Replaces
                            Limits.                                                         K.A.R. 28-19-50 and
                                                                                            28-19-52.
----------------------------------------------------------------------------------------------------------------
                                       Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-714.........  Control of Emissions       9/1/02  10/30/02, 67 FR 66058......
                            from Solvent Metal
                            Cleaning.
K.A.R. 28-19-717.........  Control of Volatile      12/22/00  12/12/01, 66 FR 64148......
                            Organic Compound
                            (VOC) Emissions from
                            Commercial Bakery
                            Ovens in Johnson and
                            Wyandotte Counties.
K.A.R. 28-19-719.........  Fuel Volatility......     4/27/01  2/13/02, 67 FR 6655........
----------------------------------------------------------------------------------------------------------------
                                                   Conformity
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-800.........  General Conformity of     3/15/96  10/2/96, 61 FR 51366.......
                            Federal Actions.
----------------------------------------------------------------------------------------------------------------

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

                                EPA-Approved Kansas Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                    State
          Name of source             Permit or    effective        EPA approval date            Explanation
                                      case No.       date
----------------------------------------------------------------------------------------------------------------
(1) Board of Public Utilities,          2090048     10/20/93  10/18/94, 59 FR 52425......
 Quindaro Power Station.
(2) Board of Public Utilities, Kaw      2090049     10/20/93  10/18/94, 59 FR 52425......
 Power Station.
(3) Kansas City Power and Light     ...........      12/5/07  12/27/11, 76 FR 80759......  Certain provisions
 Company.                                                                                   withdrawn from plan
                                                                                            as identified in
                                                                                            letter dated 12/1/11
                                                                                            from Kansas.
(4) Westar Energy, Inc............  ...........      2/29/08  12/27/11, 76 FR 80759......  Certain provisions
                                                                                            withdrawn from plan
                                                                                            as identified in
                                                                                            letter dated 12/1/11
                                                                                            from Kansas.
----------------------------------------------------------------------------------------------------------------

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

[[Page 783]]



                                  EPA-Approved Kansas Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                      Applicable
    Name of nonregulatory SIP        geographic or      State submittal    EPA approval date      Explanation
            provision             Nonattainment area         date
----------------------------------------------------------------------------------------------------------------
(1) Implementation Plan for       Statewide.........  1/31/72...........  5/31/72, 37 FR
 Attainment and Maintenance of                                             10867.
 the National Air Quality
 Standards.
(2) Comments on the Plan in       Kansas City.......  3/24/72...........  6/22/73, 38 FR      Correction notice
 Response to EPA Review.                                                   16550.              published 3/2/76.
(3) Emergency Episode Operations/ Kansas City.......  4/6/72............  11/8/73, 38 FR      Correction notice
 Communications Manual.                                                    30876.              published 3/2/76.
(4) Emergency Episode Operations/ Statewide except    2/15/73...........  11/8/73, 38 FR      Correction notice
 Communications Manual.            Kansas City.                            30876.              published 3/2/76.
(5) Letter Concerning Attainment  Kansas City.......  5/29/73...........  11/8/73, 38 FR      Correction notice
 of CO Standards.                                                          30876.              published 3/2/76.
(6) Amendment to State Air        Statewide.........  7/27/73...........  11/8/73, 38 FR      Correction notice
 Quality Control Law Dealing                                               30876.              published 3/2/76.
 with Public Access to Emissions
 Data.
(7) Analysis and Recommendations  Statewide.........  2/28/74...........  3/2/76, 41 FR 8956
 Concerning Designation of Air
 Quality Maintenance Areas.
(8) Ozone Nonattainment Plan....  Kansas City.......  9/17/79...........  4/3/81, 46 FR
                                                                           20164.
(9) Ozone Nonattainment Plan....  Douglas County....  10/22/79..........  4/3/81, 46 FR
                                                                           20164.
(10) TSP Nonattainment Plan.....  Kansas City.......  3/10/80...........  4/3/81, 46 FR
                                                                           20164.
(11) Lead Plan..................  Statewide.........  2/17/81...........  10/22/81, 46 FR
                                                                           51742.
(12) CO Nonattainment Plan......  Wichita...........  4/16/81...........  12/15/81, 46 FR
                                                                           61117.
(13) Air Monitoring Plan........  Statewide.........  10/16/81..........  1/22/82, 47 FR
                                                                           3112.
(14) Letter and Supporting        Kansas City.......  9/15/81...........  6/18/82, 47 FR      Correction notice
 Documentation Relating to                                                 26387.              published 1/12/
 Reasonably Available Control                                                                  84.
 Technology for Certain
 Particulate Matter Sources.
(15) Letter Agreeing to Follow    Statewide.........  6/20/84...........  12/11/84, 49 FR
 EPA Interim Stack Height Policy                                           48185.
 for Each PSD Permit Issued
 Until EPA Revises the Stack
 Height Regulations.
(16) Letters Pertaining to        Statewide.........  3/27/86, 9/15/87..  12/21/87, 52 FR
 Permit Fees.                                                              48265.
(17) Revisions to the Ozone       Kansas City.......  7/2/86, 4/16/87, 8/ 5/18/88, 53 FR
 Attainment Plan.                                      18/87, 8/19/87, 1/  17700.
                                                       6/88.
(18) Revised CO Plan............  Wichita...........  3/1/85, 9/3/87....  10/28/88, 53 FR
                                                                           43691.
(19) Letter Pertaining to the     Statewide.........  1/6/88............  11/25/88, 53 FR
 Effective Date of Continuous                                              47690.
 Emission Monitoring Regulations.
(20) Letters Pertaining to New    Statewide.........  3/27/86, 12/7/87,   4/20/89, 54 FR
 Source Permit Regulations,                            1/6/88.             15934.
 Stack Height Regulations, and
 Stack Height Analysis and
 Negative Declarations.
(21) PM10 Plan..................  Statewide.........  10/5/89, 10/16/89.  1/16/90, 55 FR
                                                                           1420.
(22) Ozone Maintenance Plan.....  Kansas City.......  10/23/91..........  6/23/92, 57 FR
                                                                           27936.
(23) Letter Pertaining to PSD     Statewide.........  9/15/92...........  1/12/93, 58 FR
 NOX Requirements.                                                         3847.
(24) Small Business Assistance    Statewide.........  1/25/94...........  5/12/94, 59 FR
 Plan.                                                                     24644.
(25) Letter Regarding Compliance  Kansas City.......  12/11/92..........  10/18/94, 59 FR
 Verification Methods and                                                  52425.
 Schedules Pertaining to the
 Board of Public Utilities Power
 Plants.
(26) Emissions Inventory Update   Kansas City.......  5/11/95...........  4/25/96, 61 FR
 Including a Motor Vehicle                                                 18251.
 Emissions Budget.
(27) Air monitoring plan........  Statewide.........  1/6/02............  8/30/02, 67 FR
                                                                           55726.
(28) Maintenance Plan for the 1-  Kansas City.......  1/9/03............  1/13/04, 69 FR
 hour ozone standard in the                                                1919.
 Kansas portion of the Kansas
 City maintenance area for the
 second ten-year period.

[[Page 784]]

 
(29) Revision to Maintenance      Kansas City.......  2/10/06...........  6/26/06, 71 FR
 Plan for the 1-hour ozone                                                 36213.
 standard in the Kansas portion
 of the Kansas City maintenance
 area for the second ten-year
 period.
(30) CAA 110(a)(2)(D)(i) SIP--    Statewide.........  1/7/07............  3/9/07, 72 FR
 Interstate Transport.                                                     10608.
(31) Maintenance Plan for the 8-  Kansas City.......  5/23/07...........  8/9/07, 72 FR       This plan replaces
 hour ozone standard in the                                                44781.              numbers (28) and
 Kansas portion of the Kansas                                                                  (29).
 City area.
(32) Section 110(a)(2)            Statewide.........  01/08/2008........  07/11/2011, 76 FR   This action
 Infrastructure Requirements for                      07/20/2009........   40628.              addresses the
 the 1997 8-Hour Ozone NAAQS.                                                                  following CAA
                                                                                               elements, as
                                                                                               applicable:
                                                                                               110(a)(2)(A),
                                                                                               (B), (C),
                                                                                               (D)(ii), (E),
                                                                                               (F), (G), (H),
                                                                                               (J), (K), (L),
                                                                                               and (M)
(33) Regional Haze Plan for the   Statewide.........  11/9/09...........  12/27/11, 76 FR     Certain provisions
 first implementation period.                                              80759.              withdrawn from
                                                                                               plan as
                                                                                               identified in
                                                                                               letter dated 12/1/
                                                                                               11 from Kansas.
----------------------------------------------------------------------------------------------------------------


[64 FR 7098, Feb. 12, 1999, as amended at 65 FR 1547, Jan. 11, 2000; 65 
FR 39551, June 27, 2000; 66 FR 64150, Dec. 12, 2001; 67 FR 6658, Feb. 
13, 2002; 67 FR 55728, Aug. 30, 2002; 67 FR 66060, Oct. 30, 2002; 68 FR 
8846, Feb. 26, 2003; 68 FR 14541, Mar. 26, 2003; 68 FR 34545, June 10, 
2003; 68 FR 64533, Nov. 14, 2003; 69 FR 1921, Jan. 13, 2004; 71 FR 
36215, June 26, 2006; 72 FR 10610, Mar. 9, 2007; 72 FR 29431, May 29, 
2007; 72 FR 44784, Aug. 9, 2007; 73 FR 7471, Feb. 8, 2008; 74 FR 15857, 
Apr. 8, 2009; 76 FR 9664, Feb. 22, 2011; 76 FR 40628, July 11, 2011; 76 
FR 80759, Dec. 27, 2011]



Sec. 52.871  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Kansas City Interstate..................           I        III       III         I             I
South Central Kansas Intrastate......................           I        III       III       III             I
Northeast Kansas Intrastate..........................           I        III       III       III           III
Southeast Kansas Intrastate..........................         III        III       III       III           III
North Central Kansas Intrastate......................           I        III       III       III           III
Northwest Kansas Intrastate..........................           I        III       III       III           III
Southwest Kansas Intrastate..........................           I        III       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10867, May 31, 1972]



Sec. 52.872  Operating permits.

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

[60 FR 36364, July 17, 1995]

[[Page 785]]



Sec. 52.873  Approval status.

    (a) The Kansas 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 Kansas' ozone maintenance 
plan for the Kansas City metropolitan area.
    (b) [Reserved]
    (c) The Administrator approves Rule K.A.R. 28-19-31 as identified at 
Sec. 52.870(c)(29), with the understanding that any alternative 
compliance plans issued under this rule must be approved by EPA as 
individual SIP revisions.

[37 FR 10867, May 31, 1972, as amended at 46 FR 20170, Apr. 3, 1981; 46 
FR 61118, Dec. 15, 1981; 57 FR 27939, June 23, 1992; 59 FR 52427, Oct. 
18, 1994; 61 FR 16061, Apr. 11, 1996]



Sec. 52.874  Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met 
since authority to make emission data available to the public is 
inadequate. Kansas Statutes Annotated 65-3015 would require confidential 
treatment if the data related to processes or production unique to the 
owner or would tend to affect adversely the competitive position of the 
owner.
    (b) The requirements of Sec. 51.232(b) of this chapter are not met 
since the following deficiencies exist in the local agency legal 
authority:
    (1) Kansas City, Kans.-Wyandotte County Health Department. (i) 
Authority to make emission data available to the public is inadequate 
because the Kansas Statutes Annotated 65-3016 provides a designated 
local air quality conservation authority with the same authority as the 
State (Sec. 51.230(f) of this chapter).
    (2) Topeka-Shawnee County Health Department. (i) Authority to make 
emission data available to the public is inadequate because the Kansas 
Statutes Annotated 65-3016 provides a designated air quality 
conservation authority with the same authority as the State (Sec. 
51.230(f) of this chapter).
    (3) Wichita-Sedgwick County Health Department. (i) Authority to make 
emission data available to the public is inadequate because the Kansas 
Statutes Annotated 65-3016 provides a designated local air quality 
conservation authority with the same authority as the State (Sec. 
51.230(f) of this chapter).
    (c) The requirements of Sec. 51.230(d) of this chapter are not met 
since statutory authority to prevent construction, modification, or 
operation of a facility, building, structure, or installation, or 
combination thereof, which indirectly results or may result in emissions 
of any air pollutant at any location which will prevent the maintenance 
of a national air quality standard is not adequate.

[37 FR 10867, May 31, 1972, as amended at 39 FR 7281, Feb. 25, 1974; 51 
FR 40676, Nov. 7, 1986]



Sec. 52.875  Original identification of plan section.

    (a) This section identifies the original ``Air Quality 
Implementation Plan for the State of Kansas'' and all revisions 
submitted by Kansas that were Federally approved prior to July 1, 1998.
    (b) The plan was officially submitted on January 31, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Various comments on the plan in response to the Regions review 
were submitted on March 24, 1972, by the State Department of Health. 
(Non-regulatory)
    (2) The Emergency Episode Operations/Communications Manual for the 
Kansas City Interstate AQCR was submitted on April 6, 1972, by the State 
Department of Health. (Non-regulatory)
    (3) Emergency Episode Operations/Communications Manual for all 
Kansas Intrastate AQCR's was submitted on February 15, 1973, by the 
State Department of Health. (Non-regulatory)
    (4) Revisions of sections 28-19-6 through 15, 20-24, 30-32, 40-47, 
50-52 and 55-58 of the State air pollution control regulations were 
submitted by the

[[Page 786]]

State Department of Health on April 17, 1973.
    (5) Letter from the Governor, dated May 29, 1973, concerning the 
attainment of CO emission standards. (Non-regulatory)
    (6) An amendment to the State air quality control law, Senate Bill 
No. 30, dealing with public access to emission data was submitted on 
July 27, 1973, by the Governor.
    (7) Revisions of sections 28-19-8, 9, 14, 22, 25 and 47 of the State 
air pollution control regulations were submitted on February 6, 1974, by 
the Governor.
    (8) Copy of the State's analysis and recommendations concerning the 
designation of Air Quality Maintenance Areas was submitted by letter 
from the State Department of Health on February 28, 1974. (Non-
regulatory)
    (9) Kansas submitted State Implementation Plan (SIP) revisions to 
attain the National Ambient Air Quality Standards on September 17, 1979 
for Wyandotte and Johnson Counties, on October 22, 1979 for Douglas 
County, and on March 10, 1980 for Kansas City of the state designated 
nonattainment areas under section 107 of the Clean Air Act as amended in 
1977. On September 22 and 25, 1980, the state submitted revised 
regulations on the control of volatile organic compounds and a 
regulation on the new source permit review program. Included in the plan 
are the following approved state air pollution control regulations:
    (i) The VOC regulations which EPA approved as RACT: 28-19-61 
Definitions, 28-19-62 Testing Procedures, 28-19-63 Automobile and Light 
Duty Trunk Surface Coating, 28-19-65 Petroleum Liquid Storage Tanks, 28-
19-66 Petroleum Liquid Storage in External Floating Roof Tanks, 28-19-67 
Petroleum Refineries, 28-19-68 Leaks from Petroleum Refinery Equipment, 
28-19-69 Cutback Asphalt.
    (ii) The New Source Permit Review regulation 28-19-16 through 16m 
which EPA conditionally approved as meeting the requirements of sections 
172(b)(6); 172(b)(11)(A), and 173.
    (iii) The Kansas City-Wyandotte County air pollution control 
regulations which have been adopted by both the Kansas City, Kansas 
Board of City Commissioners and the Wyandotte County Board of County 
Commissioners:

    2A-1 Jurisdiction, 2A-2 Purpose, 2A-3 Definitions, 2A-4 Powers of 
the Board, 2A-5 Facts and Circumstances Pertinent to Orders of Joint 
Board, 2A-6 Right of Entry for Inspection, 2A-7 Time for Compliance 
Schedule, 2A-8 Variance, 2A-9 Circumvention of Chapter or Regulations, 
2A-10 Air Pollution Nuisances Prohibited; Additional Emission 
Restrictions; Interference with the Enjoyment of Life and Property, 2A-
11 Reserved, 2A-12 Confidential Information, 2A-13 Registration and 
Permit System; Exemptions, 2A-14 Review of New or Altered Sources, 2A-15 
Public Hearings, 2A-16 Installations in which Fuel is Burned, 2A-17 
Restriction of Emission of Particulate Matter from Industrial Processes, 
2A-18 Open Burning Prohibition, 2A-19 Opacity Requirements, 2A-20 
Exceptions Due to Breakdowns or Scheduled Maintenance, 2A-21 Preventing 
Particulate Matter from Becoming Air-Borne, 2A-22 Measurement of 
Emissions, 2A-23 Restriction of Emission of Odors, 2A-24 Sulfur Compound 
Emissions, 2A-24.1 Hydrocarbon Emissions; Stationary Sources, 2A-25 
Control of Carbon Monoxide Emissions, 2A-26 Control of Nitrogen Oxide 
Emissions, 2A-26.1 Incinerators, 2A-27 Air Pollution Emergencies--
General Provisions, 2A-28 Air Pollution Emergencies--Episode Criteria, 
2A-29 Emission Reduction Requirements, 2A-30 Emergency Episode Plans, 
2A-31 Penalties for Violation of Chapter or Air Pollution Control 
Regulations, and 2A-32 Conflict of Ordinances, Effect Partial 
Invalidity.

    (10) The Kansas State Implementation Plan for lead was submitted on 
February 17, 1981, by the Governor of Kansas, along with a submittal 
letter which provided additional information concerning the Kansas State 
Implementation Plan for lead.
    (11) Kansas submitted SIP revisions to attain and maintain the 
National Ambient Air Quality Standards for carbon monoxide on April 16, 
1981, for the South Central Kansas Interstate Air Quality Control 
Region, Wichita nonattainment area. The plan included commitments to 
complete transportation control measures for the reduction of carbon 
monoxide from transportation related sources for the attainment of the 
national standards by December 31, 1982.
    (12) A plan revision which makes modifications to the existing 
Kansas air quality surveillance network was submitted by the Kansas 
Department

[[Page 787]]

of Health and Environment on October 16, 1981.
    (13) Additional information to correct two plan deficiencies was 
submitted by the Kansas Department of Health and Environment on May 12, 
1981.
    (14) Letter and supporting documents submitted on September 15, 
1981, from the Director of Air Quality and Occupational Health relating 
to reasonably available control technology for certain particulate 
matter sources in the Kansas City, Kansas area.
    (15) New regulations 28-19-70 and 28-19-62 applicable to tank trucks 
operating at bulk gasoline terminals were submitted by the Kansas 
Department of Health and Environment on June 15, 1982. State regulation 
28-19-51 is revoked. Revised regulations 28-19-16, 28-19-16a, 28-19-16b, 
28-19-16c, 28-19-16f, 28-19-16g, 28-19-16h, and 28-19-16i, applicable to 
new sources in nonattainment areas were included with the June 15, 1982 
submittal. Action is deferred on the following regulations: 28-19-
16a(d), 28-19-16a(v), 28-19-16, 28-19-16b, 28-19-16c, 28-19-16f, 28-19-
16h, 28-19-16i, and 28-19-16a(o). The remainder of the provisions are 
approved.
    (16) New regulations K.A.R. 28-19-17 through K.A.R. 28-19-171 
applicable to stationary sources subject to prevention of significant 
deterioration (PSD) permit requirements were submitted on May 5, 1983. 
Regulation K.A.R. 28-19-171 pertaining to the use of innovative control 
technology is not approved. By letter dated June 20, 1984, the State of 
Kansas agrees to follow the EPA interim stack height policy for each PSD 
permit issued until such time as EPA revises its general stack height 
regulations.
    (17) Revised regulation K.A.R. 28-19-69, applicable to the use of 
cutback asphalt, was submitted by the Secretary of the Kansas Department 
of Health and Environment on February 21, 1986.
    (i) Incorporation by reference. (A) Revised regulation K.A.R. 28-19-
69 as approved by the Kansas Attorney General on December 5, 1985.
    (18) Revised regulations K.A.R. 28-19-63 applicable to automobile 
and light-duty truck surface coating; K.A.R. 28-19-64 applicable to bulk 
gasoline terminals; K.A.R. 28-19-67 applicable to petroleum refineries; 
and K.A.R. 28-19-68 applicable to leaks at petroleum refineries, were 
submitted by the Secretary of the Kansas Department of Health and 
Environment on February 21, 1986.
    (i) Incorporation by reference. (A) Revised regulations K.A.R. 28-
19-63, K.A.R. 28-19-64, K.A.R. 28-19-67, and K.A.R. 28-19-68 as approved 
by the Kansas Attorney General on October 30, 1985.
    (19) Revised Kansas regulations pertaining to fees for permits to 
construct and operate were submitted by the Kansas Department of Health 
and Environment on March 27, 1986.
    (i) Incorporation by reference. (A) Kansas Administrative 
Regulations (KAR) 28-19-7, 28-19-8, 28-19-9, 28-19-14, 14(a) and 14(b), 
28-19-31, 28-19-45, which became effective on May 1, 1986.
    (B) Letter of March 27, 1986 to EPA from the State of Kansas 
Department of Health and Environment.
    (C) Letter of September 15, 1987 to EPA from the State of Kansas 
Department of Health and Environment.
    (20) Revisions to the ozone attainment plan for the Kansas City 
metropolitan area were submitted by the Governor on July 2, 1986. 
Pursuant to this plan, revised regulations for the control of volatile 
organic compound emissions were submitted by the Secretary of the Kansas 
Department of Health and Environment on January 6, 1988. In numerous 
instances, the revised Kansas regulations provide for departmental 
discretion to approve compliance plans and test methods which are 
alternatives to the EPA reference methods. EPA approves these 
regulations with the understanding that all such alternative compliance 
plans and test methods must be submitted to EPA, and approved, as 
individual SIP revisions. In the absence of such approval, the 
enforceable requirements of the SIP shall be the emission limits or 
reduction requirements stated in the regulations. Also, the Kansas 
regulations contain provisions whereby testing is required when the 
facility intends to demonstrate compliance by improved operations or new 
emission controls, yet no test procedures are specified. Examples of 
such provisions are transfer efficiency (TE) and vapor processing 
systems. Test methods

[[Page 788]]

which are developed by the state must be approved by EPA before 
facilities may demonstrate compliance through alternative controls and/
or TE.
    (i) Incorporation by reference. (A) Revised regulations K.A.R. 28-
19-8, Reporting required; K.A.R. 28-19-61, Definitions; K.A.R. 28-19-62, 
Testing procedures; K.A.R. 28-19-63, Automobile and light-duty truck 
surface coating; K.A.R. 28-19-64, Bulk gasoline terminals; K.A.R. 28-19-
65, VOC liquid storage in permanent fixed roof type tanks; K.A.R. 28-19-
66, VOC liquid storage in external floating roof tanks; K.A.R. 28-19-69, 
Cutback asphalt; K.A.R. 28-19-70, Leaks from gasoline delivery vessels 
and vapor collection systems; K.A.R. 28-19-71, Printing operations; 
K.A.R. 28-19-72, Gasoline dispensing facilities; K.A.R. 28-19-73, 
Surface coating of miscellaneous metal parts and products and metal 
furniture; K.A.R. 28-19-74, Wool fiberglass manufacturing; and K.A.R. 
28-19-75, Solvent metal cleaning. Temporary versions of these 
regulations are effective December 16, 1987, through April 30, 1988. The 
permanent regulations are effective May 1, 1988.
    (B) Letter of January 6, 1988, from the Secretary of the Kansas 
Department of Health and Environment. This letter establishes the 
effective dates for the revised regulations referenced in subparagraph 
(20)(i)(A) above.
    (ii) Additional material. (A) State of Kansas Implementation Plan, 
Part A--Kansas City Metropolitan Area, Ozone, dated June 1986, submitted 
by the Governor on July 2, 1986. The plan contains an attainment 
demonstration, emissions inventories, and a control strategy.
    (B) Supplemental information, pursuant to the above referenced plan, 
was submitted on August 19, 1987.
    (C) Negative declarations for certain VOC source categories were 
submitted on April 16 and August 18, 1987.
    (21) Revised Kansas regulations applicable to air quality models and 
definitions were submitted by the Kansas Department of Health and 
Environment on January 6, 1988.
    (i) Incorporation by reference. (A) Kansas Administrative 
Regulations (K.A.R.) 28-19-17(f) and 28-19-7 (a) through (f) and (h) 
through (w) which became effective December 16, 1987. EPA is deferring 
action on 28-19-7(g), Emission Limitation and Standard.
    (22) On March 1, 1985, the Governor of Kansas submitted a revised 
carbon monoxide state implementation plan for Wichita, Kansas. On 
September 3, 1987, the Kansas Department of Health and Environment 
submitted two new transportation control measures as part of the revised 
Wichita carbon monoxide control plan.
    (i) Incorporation by reference. (A) Letter of September 3, 1987, 
from the Kansas Department of Health and Environment and attached 
transportation control measures adopted August 18, 1987.
    (B) Revision of the Wichita-Sedgwick County Portion of the Kansas 
State Implementation Plan for Carbon Monoxide submitted by the Governor 
on March 1, 1985. The plan contains an attainment demonstration, 
emissions inventory, and a control strategy.
    (23) Kansas Administrative Regulations (K.A.R.) 28-19-19(a) through 
28-19-19(o) pertaining to continuous emission monitoring at certain 
stationary sources were submitted on January 6, 1988, by the Kansas 
Department of Health and Environment. K.A.R. 28-19-19(o) allows for 
departmental discretion on use of different but equivalent procedures 
than those specified in 28-19-19(a) through 28-19-19(n). EPA approves 
this rule with the understanding that all such equivalent procedures and 
requirements must be submitted to EPA as individual SIP revisions. In 
the absence of such approval, the enforceable provisions of K.A.R. 28-
19-19(a) through 28-19-19(n) shall be applicable.
    (i) Incorporation by reference. (A) K.A.R. 28-19-19(a) through 28-
19-19(o), continuous emission monitoring, as submitted by the Secretary 
of the Kansas Department of Health and Environment. These regulations 
became effective on May 1, 1988.
    (B) Letter of January 6, 1988, from the Secretary of the Kansas 
Department of Health and Environment. This letter establishes the 
effective date for the revised regulations referenced in paragraph 
(23)(i)(A) of this section.
    (24) Revised regulations K.A.R. 28-19-7(g), K.A.R. 28-19-16, and 
K.A.R. 28-19-17 pertaining to new source permit requirements, were 
submitted by the Secretary of the Kansas Department of

[[Page 789]]

Health and Environment on March 27, 1986. Revised regulation K.A.R. 28-
19-18 pertaining to stack heights was submitted by the Secretary of the 
Kansas Department of Health and Environment on January 6, 1988.
    (i) Incorporation by reference. (A) Revised regulations, K.A.R. 28-
19-16, 28-19-16b, 28-19-16d, 28-19-16g, 28-19-16i, 28-19-161, 28-19-17, 
28-19-17a, and 28-19-17b, which became effective on May 1, 1986.
    (B) Revised regulations K.A.R. 28-19-7(g), and K.A.R. 28-19-18 
through 28-19-18f. The temporary regulations became effective December 
16, 1987, and became permanently effective on May 1, 1988.
    (ii) Additional material. (A) KDHE letter of March 27, 1986, to EPA 
pertaining to new source permit regulations.
    (B) KDHE letter of January 6, 1988, and June 9, 1988, to EPA 
pertaining to stack height regulations.
    (C) KDHE letters of December 7, 1987, and December 23, 1987, 
pertaining to the state's stack heights analysis and negative 
declarations.
    (25) Revised Kansas Administrative Regulations (K.A.R.) pertaining 
to PM10 regulations and the PM10 committal SIP 
were submitted by Kansas on October 5, 1989.
    (i) Incorporation by reference. (A) Revised regulations Article 19--
Ambient Air Quality Standards and Air Pollution Control, K.A.R. 28-19-7, 
28-19-8, 28-19-14, 28-19-16a, 28-19-17a, 28-19-17b, 28-19-17c, 28-19-
17g, 28-19-17i, 28-19-20, 28-19-21, and 28-19-56, published August 31, 
1989, effective October 16, 1989.
    (ii) Additional material.(A) Letter of October 5, 1989, from the 
Secretary of the Kansas Department of Health and Environment (KDHE).
    (B) Memorandum of October 16, 1989, from the Secretary of State 
(Kansas) to Stanley Grant (KDHE).
    (C) Revised Air Quality Surveillance Monitoring Plan--Section E.
    (26) Revisions to the state implementation plan for the Kansas City 
metropolitan area were submitted by the Governor on October 23, 1991. 
Revisions include a maintenance plan which demonstrates continued 
attainment of the NAAQS for ozone through the year 2002. Rule revisions 
were also submitted on October 23, 1991.
    (i) Incorporation by reference. (A) Article 19--Ambient Air Quality 
Standards and Air Pollution Control, revised Kansas Administrative 
Regulations (K.A.R.) 28-19-61, Definitions, and K.A.R. 28-19-62, Testing 
procedures; and new rules K.A.R. 28-19-76, Lithography printing 
facilities, and K.A.R. 28-19-77, Chemical processing facilities that 
operate alcohol plants or liquid detergent plants. These rules were 
published August 22, 1991, and became effective October 7, 1991.
    (ii) Additional material. (A) State of Kansas Implementation Plan, 
Kansas City Metropolitan Area Maintenance Provisions, October 1991.
    (27) On September 15, 1992, the Secretary of KDHE submitted rule 
revisions to K.A.R. 28-19-17, the PSD rule; to K.A.R. 28-19-19, the CEM 
rule; and to K.A.R. 28-19-73, a surface coating rule. These rule 
revisions were adopted by KDHE on April 3, 1992.
    (i) Incorporation by reference. (A) Revised regulations K.A.R. 28-
19-17 through 28-19-171, K.A.R. 28-19-19 and K.A.R. 28-19-73, and new 
regulations K.A.R. 28-19-17m through 28-19-17q, effective June 8, 1992.
    (ii) Additional material. (A) Letter and attachment from KDHE dated 
September 15, 1992 pertaining to PSD NOX requirements.
    (28) A plan for implementation of the Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program was 
submitted by the Kansas Department of Health and Environment as a 
revision to the Kansas State Implementation Plan (SIP) on January 25, 
1994.
    (i) Incorporation by reference. (A) Kansas SIP, Small Business 
Stationary Source Technical and Environmental Compliance Assistance 
Program, dated November 15, 1993.
    (29) On May 16, 1994 the Secretary of KDHE submitted revisions to 
rules K.A.R. 28-19-31, 28-19-32, 28-19-63, and operating permits 
20090048 (BPU Quindaro station) and 20090049 (BPU Kaw 
station).
    (i) Incorporation by reference. (A) Revised regulations K.A.R. 28-
19-31, K.A.R. 28-19-32, K.A.R. 28-19-63, effective November 8, 1993.
    (B) Operating permits; Kansas City, Kansas, Board of Public 
Utilities Quindaro permit 20090048, and Kaw

[[Page 790]]

permit 20090049, effective October 20, 1993.
    (ii) Additional material. (A) Letter from BPU to KDHE dated December 
11, 1992, regarding compliance verification methods and schedules.
    (30) On February 17, 1995, the Secretary of the Kansas Department of 
Health and Environment (KDHE) submitted for approval numerous rule 
revisions which add and revise definitions, revise the Kansas 
construction permit program, and create a class II operating permit 
program.
    (i) Incorporation by reference. (A) Revised rules K.A.R. 28-19-7 
effective November 22, 1993; K.A.R. 28-19-8 effective January 23, 1995; 
K.A.R. 28-19-14 effective January 24, 1994; and the revocation of K.A.R. 
28-19-14a effective January 23, 1995; and the revocation of K.A.R. 28-
19-14b effective January 24, 1994.
    (B) New rules K.A.R. 28-19-204, 212, 300, 301, 302, 303, 304, 400, 
401, 402, 403, 404, 500, 501, 502, 540, 541, 542, 543, 544, 545, 546, 
561, 562, and 563 effective January 23, 1995.
    (31) On May 11, 1995, the Kansas Department of Health and 
Environment submitted an emissions inventory update to the Kansas City 
maintenance plan approved by EPA on June 23, 1992. The submittal also 
establishes a motor vehicle emissions budget for the purpose of 
fulfilling the requirements of the Federal Transportation Conformity 
rule.
    (i) Incorporation by reference. (A) Kansas City Ozone Maintenance 
State Implementation Plan Revision: Emissions Inventories and Motor 
Vehicle Emissions Budgets for the Kansas City Metropolitan Area, adopted 
on May 11, 1995.
    (32) A Plan revision was submitted by the Kansas Department of 
Health and Environment (KDHE) on June 6, 1996, which incorporates by 
reference the EPA's regulations relating to determining conformity of 
general Federal actions to State or Federal Implementation Plans, and 
which revokes old and adopts new open burning regulations.
    (i) Incorporation by reference. (A) Regulation K.A.R. 28-19-800, 
adopted by the Secretary of the KDHE on February 21, 1996, effective 
March 15, 1996.
    (B) Regulations K.A.R. 28-19-645 to K.A.R. 28-19-648, adopted by the 
Secretary of KDHE on February 6, 1996, effective March 1, 1996.
    (C) Regulations K.A.R. 28-19-45 to K.A.R. 28-19-47, revoked by the 
Secretary of KDHE on February 6, 1996, effective March 1, 1996.
    (33) A revision to the Kansas SIP was submitted by the Kansas 
Department of Health and Environment on May 23, 1997, pertaining to fuel 
volatility.
    (i) Incorporation by reference. (A) K.A.R. 28-19-79, Fuel 
Volatility, effective May 2, 1997.
    (d) Plan revisions were submitted on April 17, 1974, and February 
17, 1974.

[37 FR 10867, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.875, see the List of CFR Sections Affected, which appears in the 
Finding Aids sections of the printed volume and at www.fdsys.gov.



Sec. 52.876  Compliance schedules.

    (a) The requirements of Sec. 51.260 and of Sec. 51.15(a)(2) of 
this chapter as of September 19, 1976 (40 FR 43216), are not met since 
the plan does not contain legally enforceable compliance schedules 
setting forth the dates by which all stationary sources or categories of 
such sources must be in compliance with applicable portions of the 
control strategy. Paragraphs C and D of Kansas Regulation 28-19-9 
specify that all sources not in compliance must submit an acceptable 
compliance schedule within 120 days after receiving notification from 
the State. There are no assurances that all sources will be notified by 
the State in a timely manner, therefore, paragraphs C and D of 
Regulation 28-19-9 are disapproved.
    (b) Federal compliance schedule. (1) Except as provided in paragraph 
(2) of this paragraph (b), the owner or operator of any stationary 
source subject to any emission regulation which is part of the approved 
plan shall be in compliance on or before January 31, 1974.
    (i) Any owner or operator in compliance with any such applicable 
regulation on the effective date of this paragraph shall certify such 
compliance to the Administrator no later than December 31, 1972.

[[Page 791]]

    (ii) Any owner or operator who achieves compliance with any such 
applicable regulation after the effective date of this paragraph shall 
certify such compliance to the Administrator within 5 days of the date 
compliance is achieved.
    (2) An owner or operator of a stationary source subject to any 
emission regulation approved by the Administrator may no later than 
December 31, 1972, submit to the Administrator for approval a proposed 
compliance schedule that demonstrates compliance with such regulation as 
expeditiously as practicable, but no later than July 31, 1975. The 
compliance schedule shall provide for periodic increments of progress 
toward compliance. The dates for achievement of such increments shall be 
specified. Increments of progress shall include, but not be limited to: 
Letting of necessary contracts for construction or process changes, if 
applicable; initiation of construction; completion and startup of 
control systems; performance tests; and submittal of performance test 
analysis and results.
    (3) Any owner or operator who submits a compliance schedule pursuant 
to this paragraph shall, within 5 days after the deadline for each 
increment of progress, certify to the Administrator whether or not the 
required increment of the approved compliance schedule has been met.
    (4) Any compliance schedule adopted by the State and approved by the 
Administrator shall satisfy the requirements of this paragraph for the 
affected source.
    (c) State compliance schedules. (1) [Reserved]
    (2) The compliance schedules identified below are disapproved as not 
meeting the requirements of Sec. 51.102 or subpart N of this chapter. 
All regulations cited are air pollution control regulations of the 
state, unless otherwise noted.

                                                     Kansas
----------------------------------------------------------------------------------------------------------------
                Source                         Location           Regulation involved          Date adopted
----------------------------------------------------------------------------------------------------------------
Chanute Manufacturing Co., Inc.: sand  Chanute................  28-19-50...............  Dec. 14, 1973.
 blasting.
Kansas City Power & Light, coal        LaCygne................  28-19-50...............  Nov. 22, 1974.
 transfer houses.
Pence Food Center, incinerator.......  Chanute................  28-19-40...............   Do.
Rodney Milling Co.:
  ``A'' house gallery and tunnel       Topeka.................  28-19-50...............   Do.
   system.
  ``B'' & ``C'' house gallery........  ......do...............  28-19-50...............   Do.
Western Alfalfa Corp., alfalfa         Deerfield..............  28-19-20...............   Do.
 dehydrator.
 Do..................................  Tice...................  28-19-20...............   Do.
Pence Food Center, incinerator.......  Humboldt...............  28-19-40...............   Do.
Sherwin-Williams Chemicals, Ozark      Coffeyville............  28-19-50B..............  Oct. 8, 1974.
 P.M. Mill.
Continental Grain Co., rail car        Hutchinson.............  28-19-50...............  Aug. 15, 1974.
 loading.
Far-Mar-Co, Inc., headhouse cyclones.  Topeka.................  28-19-50...............  Sept. 5, 1974.
 Do..................................  Hutchinson.............  28-19-50...............  Aug. 15, 1974.
Western Iron & Foundry, cupola.......  Wichita................  28-19-20A, 28-19-50A...  Oct. 4, 1974.
Kansas Army Ammunition Plant, open     Parsons................  28-19-45...............  Jan. 24, 1975.
 burning.
Reid Grain, headhouse................  Goodland...............  28-19-50...............   Do.
Sherwin-Williams Chemicals, black ash  Coffeyville............  28-19-50A..............   Do.
 kiln.
Cooperative Farm Chemicals, No. 1 NH4  Lawrence...............  28-19-20...............  Mar. 28, 1975.
 NO399-percent evaporator and
 prilling tower.
Sherwin-Williams Chemical Co., ozide   Coffeyville............  28-19-50A..............   Do.
 calciner exhaust.
Kaw Dehydrating Co., alfalfa           Lawrence...............  28-19-20...............   Do.
 dehydrator.
Empire Dist. Electric Co.: Boilers     Riverton...............  28-19-31C..............  May 23, 1975.
 Nos. 7 and 8.
Gulf Oil Chemicals Co.: Coal-fired     Pittsburg..............  28-19-31...............   Do.
 boiler.
Kansas City Power & Light: Main        La Cygne...............  28-19-31B..............   Do.
 boiler.
Mid-America Dairymen: Spray dryers     Sabetha................  28-19-20...............   Do.
 Nos. 1 and 2.
Tower Metal Products: Reverberatory    Fort Scott.............  28-19-50A..............   Do.
 furnace C.
U.S. Steel--Universal Atlas Cement...  Independence...........
  Clay storage bin...................  .......................  28-19-50A..............   Do.
  Stone storage bin..................  .......................  28-19-50A..............   Do.
Krupp Ball Mill No. 2................  .......................  28-19-50A..............   Do.
Krupp Ball Mill No. 3................  .......................  28-19-50A..............   Do.
----------------------------------------------------------------------------------------------------------------


[37 FR 19809, Sept. 22, 1972]

[[Page 792]]


    Editorial Note: For Federal Register citations affecting Sec. 
52.876, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. Sec. 52.877-52.880  [Reserved]



Sec. 52.881  PM10 State implementation plan development in group II areas.

    The state has submitted a committal SIP for Kansas City, Kansas. The 
committal SIP contains all the requirements identified in the July 1, 
1987, promulgation of the SIP requirements for PM10 at 52 FR 
24681, except the state will report the PM10 data which 
exceed the standard within 60 days of the exceedance, rather than 45 
days.

[55 FR 1423, Jan. 16, 1990]



Sec. 52.882  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 and each unit located 
in the State of Kansas and Indian country within the borders of the 
State and for which requirements are set forth under the TR 
NOX Annual Trading Program in subpart AAAAA of part 97 of 
this chapter must comply with such requirements. The obligation to 
comply with such requirements with regard to sources and units in the 
State will be eliminated by the promulgation of an approval by the 
Administrator of a revision to Kansas' State Implementation Plan (SIP) 
as correcting in part the SIP's deficiency that is the basis for the TR 
Federal Implementation Plan under Sec. 52.38(a), except to the extent 
the Administrator's approval is partial or conditional. The obligation 
to comply with such requirements with regard to sources and units 
located in Indian country within the borders of the State will not be 
eliminated by the promulgation of an approval by the Administrator of a 
revision to Kansas' SIP.
    (2) Notwithstanding the provisions of paragraph (a)(1) of this 
section, if, at the time of the approval of Kansas' SIP revision 
described in paragraph (a)(1) of this section, the Administrator has 
already started recording any allocations of TR NOX Annual 
allowances under subpart AAAAA of part 97 of this chapter to units in 
the State for a control period in any year, the provisions of subpart 
AAAAA of part 97 of this chapter authorizing the Administrator to 
complete the allocation and recordation of TR NOX Annual 
allowances to units in the State for each such control period shall 
continue to apply, unless provided otherwise by such approval of the 
State's SIP revision.
    (b) [Reserved]

[76 FR 48365, Aug. 8, 2011]



Sec. 52.883  Interstate pollutant transport provisions; What are the FIP 

requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each source and each unit located in 
the State of Kansas and Indian country within the borders of the State 
and for which requirements are set forth under the TR SO2 
Group 2 Trading Program in subpart DDDDD of part 97 of this chapter must 
comply with such requirements. The obligation to comply with such 
requirements will be eliminated with regard to sources and units in the 
State by the promulgation of an approval by the Administrator of a 
revision to Kansas' State Implementation Plan (SIP) as correcting in 
part the SIP's deficiency that is the basis for the TR Federal 
Implementation Plan under Sec. 52.39, except to the extent the 
Administrator's approval is partial or conditional. The obligation to 
comply with such requirements with regard to sources and units located 
in Indian country within the borders of the State will not be eliminated 
by the promulgation of an approval by the Administrator of a revision to 
Kansas' SIP.
    (b) Notwithstanding the provisions of paragraph (a) of this section, 
if, at the time of the approval of Kansas' SIP revision described in 
paragraph (a) of this section, the Administrator has already started 
recording any allocations of TR SO2 Group 2 allowances under 
subpart DDDDD of part 97 of this chapter to units in the State for a 
control period in any year, the provisions of subpart

[[Page 793]]

DDDDD of part 97 of this chapter authorizing the Administrator to 
complete the allocation and recordation of TR SO2 Group 2 
allowances to units in the State for each such control period shall 
continue to apply, unless provided otherwise by such approval of the 
State's SIP revision.

[76 FR 48365, Aug. 8, 2011]



Sec. 52.884  Significant deterioration of air quality.

    (a) The requirements of section 160 through 165 of the Clean Air 
Act, as amended are met; except that:
    (1) EPA retains PSD permit authority for Indian lands in the State 
of Kansas.

[49 FR 48186, Dec. 11, 1984, as amended at 54 FR 15935, Apr. 20, 1989; 
58 FR 3848, Jan. 12, 1993]



                           Subpart S_Kentucky



Sec. 52.919  Identification of plan-conditional approval.

    EPA is conditionally approving Rule 401 KAR 50:080, ``Regulatory 
Limit on Potential to Emit,'' effective January 15, 2001, into the 
Kentucky SIP contingent on the Commonwealth clarifying language in 
sections 2(3) and (4) according to a projected promulgation schedule 
committed to in a letter dated April 18, 2002, from the Commonwealth of 
Kentucky to EPA Region 4.

[67 FR 53314, Aug. 15, 2002]



Sec. 52.920  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan for Kentucky 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 October 1, 2003, for 
the Commonwealth of Kentucky (Table 1) and November 23, 2001, for 
Jefferson County, Kentucky (Table 2) 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 paragraph (c), 
Table 1, and paragraph (d) of this section with EPA approval dates after 
October 1, 2003, will be incorporated by reference in the next update to 
the SIP compilation. Entries in paragraph (c), Table 2, with EPA 
approval dates after October 23, 2001, will be incorporated by reference 
in the next update to the Jefferson County portion of the Kentucky 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 and 
Local Implementation Plans listed in paragraph (b)(1) of this section.
    (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; at 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 regulations.

                                   Table 1--EPA-Approved Kentucky Regulations
----------------------------------------------------------------------------------------------------------------
                                                      State
     State citation             Title/subject       effective     EPA approval date            Explanation
                                                       date
----------------------------------------------------------------------------------------------------------------
                     Chapter 50 Division for Air Quality; General Administrative Procedures
----------------------------------------------------------------------------------------------------------------
401 KAR 50:005..........  General application.....   06/06/79   07/12/82, 47 FR 30059.
401 KAR 50:010..........  Definitions and             11/8/06     9/13/07, 72 FR 52282
                           abbreviations of terms
                           used in Title 401
                           Chapters 50, 51, 53,
                           55, 57, 59, 61, 63, and
                           65.

[[Page 794]]

 
401 KAR 50:012..........  General application.....   11/12/97   07/24/98, 63 FR 39739.
401 KAR 50:015..........  Documents incorporated     04/14/88    02/07/90, 55 FR 4169.
                           by reference.
401 KAR 50:020..........  Air quality control        06/06/79   07/12/82, 47 FR 30059.
                           regions.
401 KAR 50:025..........  Classification of          06/01/83   04/02/96, 61 FR 14489.
                           counties.
401 KAR 50:030..........  Registration of sources.   06/06/79   07/12/82, 47 FR 30059.
401 KAR 50:040..........  Air quality models......   06/06/79   07/12/82, 47 FR 30059.
401 KAR 50:042..........  Good engineering           06/10/86    09/04/87,52 FR 33592.
                           practice stack height.
401 KAR 50:045..........  Performance tests.......   07/13/05   10/17/07, 72 FR 58759.
401 KAR 50:047..........  Test procedures for        06/24/92   06/23/94, 59 FR 32343.
                           capture efficiency.
401 KAR 50:050..........  Monitoring..............   06/06/79   07/12/82, 47 FR 30059.
401 KAR 50:055..........  General compliance         09/22/82   05/04/89, 54 FR 19169.
                           requirements.
401 KAR 50:060..........  Enforcement.............   06/06/79   07/12/82, 47 FR 30059.
401 KAR 50:065..........  Conformity of general      10/11/95   07/27/98, 63 FR 40044.
                           federal actions.
401 KAR 50:066..........  Conformity of                11/12/               04/21/2010  ........................
                           transportation plans,         2008              75 FR 20780
                           programs, and projects.
                           (Amendment).
----------------------------------------------------------------------------------------------------------------
               Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
401 KAR 51:001..........  Definitions for 401 KAR      01/03/  12/29/2010, 75 FR 81868  Except the phrase
                           Chapter 51.                   2011                            ``except ethanol
                                                                                         production facilities
                                                                                         producing ethanol by
                                                                                         natural fermentation
                                                                                         under the North
                                                                                         American Industry
                                                                                         Classification System
                                                                                         (NAICS) codes 325193 or
                                                                                         312140,'' in 401 KAR
                                                                                         51:001 Section 1
                                                                                         (118)(a)(2)(a) and the
                                                                                         phrase ``except ethanol
                                                                                         production facilities
                                                                                         producing ethanol by
                                                                                         natural fermentation
                                                                                         under NAICS codes
                                                                                         325193 or 312140,'' in
                                                                                         401 KAR 51:001 Section
                                                                                         1 (118)(3)(b)(20).
401 KAR 51:005..........  Purpose and general        06/06/79   07/12/82, 47 FR 30059.
                           provisions.
401 KAR 51:010..........  Attainment status          11/12/97   07/24/98, 63 FR 39739.
                           designations.
401 KAR 51:017..........  Prevention of              2/5/2010   9/15/2010, 75 FR 55988  Except the phrase
                           significant                                                   ``except ethanol
                           deterioration of air                                          production facilities
                           quality.                                                      producing ethanol by
                                                                                         natural fermentation
                                                                                         under the North
                                                                                         American Industry
                                                                                         Classification System
                                                                                         (NAICS) codes 325193 or
                                                                                         312140;'' in 401 KAR
                                                                                         51:017 Section
                                                                                         7(1)(c)20.

[[Page 795]]

 
401 KAR 51:052..........  Review of new sources in   2/5/2010   9/15/2010, 75 FR 55988  Except the phrase
                           or impacting upon                                             ``except ethanol
                           nonattainment areas.                                          production facilities
                                                                                         producing ethanol by
                                                                                         natural fermentation
                                                                                         under the North
                                                                                         American Industry
                                                                                         Classification System
                                                                                         (NAICS) codes 325193 or
                                                                                         312140,'' in 401 KAR
                                                                                         51:052 Section 2
                                                                                         (3)(t).
401 KAR 51:150..........  NOX requirements for         2/3/06    10/23/09, 74 FR 54755
                           stationary internal
                           combustion engines.
401 KAR 51:160..........  NOX requirements for         2/3/06    10/23/09, 74 FR 54755
                           large utility and
                           industrial boilers.
401 KAR 51:170..........  NOX requirements for       08/15/01   04/11/02, 67 FR 17624.
                           cement kilns.
401 KAR 51:180..........  NOX credits for early      08/15/01   04/11/02, 67 FR 17624.
                           reduction and emergency.
401 KAR 51:190..........  Banking and trading NOX    08/15/01   04/11/02, 67 FR 17624.
                           allowances.
401 KAR 51:195..........  NOX opt-in provisions...   08/15/01   04/11/02, 67 FR 17624.
401 KAR 51.210..........  CAIR NOX Annual Trading    2/2/2007   10/4/2007, 72 FR 56623
                           Program.
401 KAR 51.220..........  CAIR NOX Ozone Season     6/13/2007   10/4/2007, 72 FR 56623
                           Trading Program.
401 KAR 51.230..........  CAIR SO2 Trading Program   2/2/2007   10/4/2007, 72 FR 56623
----------------------------------------------------------------------------------------------------------------
                            Chapter 52 Permits, Registrations, and Prohibitory Rules
----------------------------------------------------------------------------------------------------------------
401 KAR 52:001..........  Definitions for 401 KAR    11/18/06     9/13/07, 72 FR 52282
                           Chapter 52.
401 KAR 52:030..........  Federally enforceable      01/15/01    09/06/06, 71 FR 52464
                           permits for non-major
                           sources.
401 KAR 52:090..........  Prohibitory rule for hot   01/15/01    09/06/06, 71 FR 52464
                           mix asphalt plants.
401 KAR 52:100..........  Public, affected state,    01/15/01    09/06/06, 71 FR 52464
                           and U.S. EPA review.
----------------------------------------------------------------------------------------------------------------
                                         Chapter 53 Ambient Air Quality
----------------------------------------------------------------------------------------------------------------
401 KAR 53:005..........  General provisions......   04/14/88    02/07/90, 55 FR 4169.
401 KAR 53:010..........  Ambient air quality        04/14/88     02/07/90 55 FR 4169.
                           standards.
----------------------------------------------------------------------------------------------------------------
                                          Chapter 55 Emergency Episodes
----------------------------------------------------------------------------------------------------------------
401 KAR 55:005..........  Significant harm           04/14/88    02/07/90, 55 FR 4169.
                           criteria.
401 KAR 55:010..........  Episode criteria........   04/14/88    02/07/90, 55 FR 4169.
401 KAR 55:015..........  Episode declaration.....   06/06/79    01/25/80, 45 FR 6092.
401 KAR 55:020..........  Abatement strategies....   06/06/79    01/25/80, 45 FR 6092.
----------------------------------------------------------------------------------------------------------------
                                         Chapter 59 New Source Standards
----------------------------------------------------------------------------------------------------------------
401 KAR 59:001..........  Definitions for            11/18/06     9/13/07, 72 FR 52282
                           abbreviations of terms
                           used in the Title 401,
                           Chapter 59.
401 KAR 59:005..........  General provisions......   12/01/82   12/04/86, 51 FR 43742.
401 KAR 59:010..........  New process operations..   04/14/88    02/07/90, 55 FR 4169.
401 KAR 59:015..........  New indirect heat          01/07/81   03/22/83, 48 FR 11945.
                           exchangers.
401 KAR 59:020..........  New incinerators........   06/06/79   07/12/82, 47 FR 30059.
401 KAR 59:046..........  Selected new petroleum     06/29/79   08/07/81, 46 FR 40188.
                           refining processes and
                           equipment.
401 KAR 59:050..........  New storage vessels for    02/04/81   03/30/83, 48 FR 13168.
                           petroleum liquids.
401 KAR 59:080..........  New kraft (sulfate) pulp   06/06/79    01/25/80, 45 FR 6092.
                           mills.
401 KAR 59:085..........  New sulfite pulp mills..   06/06/79   07/12/82, 47 FR 30059.
401 KAR 59:090..........  New ethylene producing     06/06/79   07/12/82, 47 FR 30059.
                           plants.
401 KAR 59:095..........  New oil-effluent water     06/29/79   08/07/81, 46 FR 40188.
                           separators.
401 KAR 59:101..........  New bulk gasoline plants   09/28/94   06/28/96, 61 FR 33674.
401 KAR 59:105..........  New process gas steams..   04/07/82   03/22/83, 48 FR 11945.
401 KAR 59:174..........  Stage II controls at       01/12/98    12/08/98, 63 FR 67586
                           gasoline dispensing
                           facilities.
401 KAR 59:175..........  New service stations....   02/08/93   06/23/94, 59 FR 32343.
401 KAR 59:185..........  New solvent metal          01/04/05   10/04/05, 70 FR 57750.
                           cleaning equipment.
401 KAR 59:190..........  New insulation of magnet   06/24/92   06/23/94, 59 FR 32343.
                           wire operations.
401 KAR 59:210..........  New fabric, vinyl and      06/24/92   06/23/94, 59 FR 32343.
                           paper surface coating
                           operations.

[[Page 796]]

 
401 KAR 59:212..........  New graphic arts           06/24/92   06/23/94, 59 FR 32343.
                           facilities using
                           rotogravure and
                           flexography.
401 KAR 59:214..........  New factory surface        06/24/92   06/23/94, 59 FR 32343.
                           coating operations of
                           flat wood paneling.
401 KAR 59:225..........  New miscellaneous metal    06/24/92   06/23/94, 59 FR 32343.
                           parts and products
                           surface coating
                           operation.
401 KAR 59:230..........  New synthesized            06/24/92   06/23/94, 59 FR 32343.
                           pharmaceutical product
                           manufacturing
                           operations.
401 KAR 59:235..........  New pneumatic rubber       02/04/81   03/30/83, 48 FR 13168.
                           tire manufacturing
                           plants.
401 KAR 59:240..........  New perchloroethylene      06/24/92   06/23/94, 59 FR 32343.
                           dry cleaning systems.
401 KAR 59:315..........  Specific new sources....   06/24/92   06/23/94, 59 FR 32343.
401 KAR 59:760..........  Commercial Motor Vehicle   03/11/05    10/04/05, 70 FR 57750
                           and Mobile Equipment
                           Refinishing Operations.
----------------------------------------------------------------------------------------------------------------
                                      Chapter 61 Existing Source Standards
----------------------------------------------------------------------------------------------------------------
401 KAR 61:001..........  Definitions and            11/18/06
                           abbreviations of terms
                           used in the Title 401,
                           Chapter 61.
401 KAR 61:005..........  General provisions......   12/01/82   05/04/89, 54 FR 19169.
401 KAR 61:010..........  Existing incinerators...   06/06/79   05/04/89, 54 FR 19169.
401 KAR 61:015..........  Existing indirect heat     06/01/83   04/02/96, 61 FR 14489.
                           exchangers.
401 KAR 61:020..........  Existing process           04/14/88    02/07/90, 55 FR 4169.
                           operations.
401 KAR 61:025..........  Existing kraft (sulfate)   06/06/79    05/26/82, 47 FR 22955
                           pulp mills.
401 KAR 61:030..........  Existing sulfuric acid     06/06/79   03/22/83, 48 FR 11945.
                           plants.
401 KAR 61:035..........  Existing process gas       04/07/82   03/22/83, 48 FR 11945.
                           streams.
401 KAR 61:040..........  Existing ethylene          06/06/79    01/25/80, 45 FR 6092.
                           producing plants.
401 KAR 61:045..........  Existing oil-effluent      06/29/79   08/07/81, 46 FR 40188.
                           water separators.
401 KAR 61:050..........  Existing storage vessels   06/24/92   06/23/94, 59 FR 32345.
                           for petroleum liquids.
401 KAR 61:055..........  Existing loading           08/24/82   03/30/83, 48 FR 13168.
                           facilities at bulk
                           gasoline terminals.
401 KAR 61:056..........  Existing bulk gasoline     09/28/94   06/28/96, 61 FR 33674.
                           plants.
401 KAR 61:060..........  Existing sources using     06/29/79    01/25/80, 45 FR 6092.
                           organic solvents.
401 KAR 61:065..........  Existing nitric acid       06/06/79   07/12/82, 47 FR 30059.
                           plants.
401 KAR 61:070..........  Existing ferroalloy        06/06/79   05/03/84, 49 FR 18833.
                           production facilities.
401 KAR 61:075..........  Steel plants and           12/01/82   05/04/89, 54 FR 19169.
                           foundries using
                           existing electric arc
                           furnaces.
401 KAR 61:080..........  Steel plants using         04/01/84   05/04/89, 54 FR 19169.
                           existing basic oxygen
                           process furnaces.
401 KAR 61:085..........  Existing service           02/08/93   06/23/94, 59 FR 32343.
                           stations.
401 KAR 61:090..........  Existing automobile and    06/24/92   06/23/94, 59 FR 32343.
                           light-duty truck
                           surface coating
                           operations.
401 KAR 61:095..........  Existing solvent metal     06/24/92   06/23/94, 59 FR 32343.
                           cleaning equipment.
401 KAR 61:100..........  Existing insulation of     06/24/92   06/23/94, 59 FR 32343.
                           magnet wire operations.
401 KAR 61:105..........  Existing metal furniture   06/24/92   06/23/94, 59 FR 32343.
                           surface coating
                           operations.
401 KAR 61:110..........  Existing large appliance   06/24/92   06/23/94, 59 FR 32343.
                           surface coating
                           operations.
401 KAR 61:120..........  Existing fabric, vinyl     06/24/92   06/23/94, 59 FR 32343.
                           and paper surface
                           coating operations.
401 KAR 61:122..........  Existing graphic arts      06/24/92   06/23/94, 59 FR 32343.
                           facilities using
                           rotogravure and
                           flexography.
401 KAR 61:124..........  Existing factory surface   06/24/92    06/23/94 59 FR 32343.
                           coating operations of
                           flat wood paneling.
401 KAR 61:125..........  Existing can surface       06/24/92   06/23/94, 59 FR 32343.
                           coating operations.
401 KAR 61:130..........  Existing coil surface      06/24/92   06/23/94, 59 FR 32343.
                           coating operations.
401 KAR 61:132..........  Existing miscellaneous     06/24/92   06/23/94, 59 FR 32343.
                           metal parts and
                           products surface
                           coating operations.
401 KAR 61:135..........  Selected existing          06/29/79    01/25/80, 45 FR 6092.
                           petroleum refining
                           processes and equipment.
401 KAR 61:137..........  Leaks from existing        06/24/92   06/23/94, 59 FR 32343.
                           petroleum refinery
                           equipment.
401 KAR 61:140..........  Existing by-product coke   09/04/86   05/04/89, 54 FR 19169.
                           manufacturing plants.
401 KAR 61:145..........  Existing petroleum         01/07/81   03/22/83, 48 FR 11945.
                           refineries.
401 KAR 61:150..........  Existing synthesized       06/24/92   06/23/94, 59 FR 32343.
                           pharmaceutical product
                           manufacturing
                           operations.
401 KAR 61:155..........  Existing pneumatic         06/24/92   06/23/94, 59 FR 32343.
                           rubber tire
                           manufacturing plants.
401 KAR 61:160..........  Existing                   06/24/92   06/23/94, 59 FR 32343.
                           perchloroethylene dry
                           cleaning systems.
401 KAR 61:165..........  Existing primary           06/04/85   12/02/86, 51 FR 43395.
                           aluminum reduction
                           plants.
401 KAR 61:170..........  Existing blast furnace     04/14/88    02/07/90, 55 FR 4169.
                           casthouses.

[[Page 797]]

 
401 KAR 61:175..........  Leaks from existing        06/24/92   06/23/94, 59 FR 32343.
                           synthetic organic
                           chemical and polymer
                           manufacturing equipment.
----------------------------------------------------------------------------------------------------------------
                                   Chapter 63 General Standards of Performance
----------------------------------------------------------------------------------------------------------------
401 KAR 63:001..........  Definitions and            11/18/06     9/13/07, 72 FR 52282
                           abbreviations of terms
                           used in 401 KAR Chapter
                           63.
401 KAR 63:005..........  Open burning............   07/13/05   10/17/07, 72 FR 58759.
401 KAR 63:010..........  Fugitive emissions......   06/06/79   07/12/82, 47 FR 30059.
401 KAR 63:015..........  Flares..................   06/06/79   12/24/80, 45 FR 84999.
401 KAR 63:025..........  Asphalt paving             06/24/92   06/23/94, 59 FR 32343.
                           operations.
401 KAR 63:031..........  Leaks from gasoline tank   02/08/93   06/23/94, 59 FR 32343.
                           trunks.
----------------------------------------------------------------------------------------------------------------
                                   Chapter 65 Mobile Source-Related Emissions
----------------------------------------------------------------------------------------------------------------
401 KAR 65:001..........  Definitions and            11/18/06     9/13/07, 72 FR 52282
                           abbreviations of terms
                           used in 401 KAR Chapter
                           65.
401 KAR 65:005..........  Liquefied petroleum gas    06/06/79    01/25/80, 45 FR 6092.
                           carburetion systems.
----------------------------------------------------------------------------------------------------------------


                         Table 2--EPA-Approved Jefferson County Regulations for Kentucky
----------------------------------------------------------------------------------------------------------------
                                                                       EPA                              District
                Reg                          Title/subject           approval     Federal Register     effective
                                                                       date            notice             date
----------------------------------------------------------------------------------------------------------------
                                       Reg 1--General Provisions
1.01..............................  General Application of           10/23/01  66 FR 53660              03/17/99
                                     Regulations and Standards.
1.02..............................  Definitions...................   11/19/02  67 FR 69688              12/19/01
1.03..............................  Abbreviations and Acronyms....   11/19/02  67 FR 69688              05/15/02
1.04..............................  Performance Tests.............   10/23/01  66 FR 53660              11/19/97
1.05..............................  Compliance with Emission         10/23/01  66 FR 53660              11/18/92
                                     Standards and Maintenance
                                     Requirements.
1.06..............................  Source Self-Monitoring and       10/23/01  66 FR 53660              12/15/93
                                     Reporting.
1.07..............................  Emissions During Startups,       10/23/01  66 FR 53660              01/17/96
                                     Shutdowns, Malfunctions and
                                     Emergencies.
1.08..............................  Administrative Procedures.....   11/03/03  68 FR 62236              06/19/02
1.09..............................  Prohibition of Air Pollution..   10/23/01  66 FR 53660              11/16/83
1.10..............................  Circumvention.................   10/23/01  66 FR 53660              04/19/72
1.11..............................  Control of Open Burning.......   10/23/01  66 FR 53660              02/22/90
1.14..............................  Control of Fugitive              10/23/01  66 FR 53660              01/20/88
                                     Particulate Emissions.
1.18..............................  Rule Effectiveness............   10/23/01  66 FR 53689              09/21/94
1.19..............................  Administrative Hearings.......   11/19/02  67 FR 69688              05/15/02
                                      Reg 2--Permit Requirements
2.01..............................  General Application...........   10/23/01  66 FR 53660              04/21/82
2.02..............................  Air Pollution Regulation         10/23/01  66 FR 53660              06/21/95
                                     Requirements and Exemptions.
2.03..............................  Permit Requirements--Non-Title   10/23/01  66 FR 53660              12/15/93
                                     V Construction and Operating
                                     Permits and Demolition/
                                     Renovation Permits.
2.04..............................  Construction or Modification     10/23/01  66 FR 53660              03/17/93
                                     of Major Sources in or
                                     Impacting Upon Non-Attainment
                                     Areas (Emission Offset
                                     Requirements).
2.05..............................  Prevention of Significant        11/03/03  68 FR 62236              06/19/02
                                     Deterioration of Air Quality.
2.06..............................  Permit Requirements--Other       10/23/01  66 FR 53660              11/16/83
                                     Sources.
2.07..............................  Public Notification for Title    10/23/01  66 FR 53660              06/21/95
                                     V, PSD, and Offset Permits;
                                     SIP Revisions; and Use of
                                     Emission Reduction Credits.
2.09..............................  Causes for Permit Suspension..   11/03/03  68 FR 62236              06/19/02
2.10..............................  Stack Height Considerations...   10/23/01  66 FR 53660              07/19/89
2.11..............................  Air Quality Model Usage.......   10/23/01  66 FR 53660              05/19/99
2.17..............................  Federally Enforceable District   11/03/03  68 FR 62236              06/19/02
                                     Origin Operating Permits.
                                      Reg--3 Ambient Air Quality
                                               Standards
3.01..............................  Purpose of Standards and         10/23/01  66 FR 53660              06/13/79
                                     Expression of Non-Degradation
                                     Intention.
3.02..............................  Applicability of Ambient Air     10/23/01  66 FR 53660              06/13/79
                                     Quality Standards.
3.03..............................  Definitions...................   10/23/01  66 FR 53660              06/13/79
3.04..............................  Ambient Air Quality Standards.   10/23/01  66 FR 53660              04/20/88
3.05..............................  Methods of Measurement........   10/23/01  66 FR 53660              04/20/88
                                       Reg--4 Emergency Episodes
4.01..............................  General Provisions for           10/23/01  66 FR 53660              06/13/79
                                     Emergency Episodes.
4.02..............................  Episode Criteria..............   10/23/01  66 FR 53660              04/20/88
4.03..............................  General Abatement Requirements   10/23/01  66 FR 53660              02/16/83
4.04..............................  Particulate and Sulfur Dioxide   10/23/01  66 FR 53660              04/19/72
                                     Reduction Requirements.
4.05..............................  Hydrocarbon and Nitrogen         10/23/01  66 FR 53660              02/16/83
                                     Oxides Reduction Requirements.

[[Page 798]]

 
4.06..............................  Carbon Monoxide Reduction        10/23/01  66 FR 53660              02/16/83
                                     Requirements.
4.07..............................  Episode Reporting Requirements   10/23/01  66 FR 53660              06/13/79
                                          Reg--6 Standards of
                                        Performance for Existing
                                          Affected Facilities
6.01..............................  General Provisions............   10/23/01  66 FR 53660              11/16/83
6.02..............................  Emission Monitoring for          10/23/01  66 FR 53660              11/16/83
                                     Existing Sources.
6.07..............................  Standards of Performance for     10/23/01  66 FR 53660              06/13/79
                                     Existing Indirect Heat
                                     Exchangers.
6.08..............................  Standard of Performance for      10/23/01  66 FR 53660              06/13/79
                                     Existing Incinerators.
6.09..............................  Standards of Performance for     10/23/01  66 FR 53660              03/17/99
                                     Existing Process Operations.
6.10..............................  Standard of Performance for      10/23/01  66 FR 53660              11/16/83
                                     Existing Process Gas Streams.
6.12..............................  Standard of Performance for      10/23/01  66 FR 53661              05/15/91
                                     Existing Asphalt Paving
                                     Operations.
6.13..............................  Standard of Performance for      10/23/01  66 FR 53661              05/15/91
                                     Existing Storage Vessels for
                                     Volatile Organic Compounds.
6.14..............................  Standard of Performance for      10/23/01  66 FR 53661              04/21/82
                                     Selected Existing Petroleum
                                     Refining Processes and
                                     Equipment.
6.15..............................  Standard of Performance for      01/25/80  45 FR 6092               06/13/79
                                     Gasoline Transfer to Existing
                                     Service Station Storage Tanks
                                     (Stage I Vapor Recovery).
6.16..............................  Standard of Performance for      10/23/01  66 FR 53661              05/15/91
                                     Existing Large Appliance
                                     Surface Coating Operations.
6.17..............................  Standard of Performance for      10/23/01  66 FR 53661              11/18/92
                                     Existing Automobile and Truck
                                     Surface Coating Operations.
6.18..............................  Standards of Performance for     11/19/02  67 FR 69688              05/15/02
                                     Existing Solvent Metal
                                     Cleaning Equipment.
6.19..............................  Standard of Performance for      10/23/01  66 FR 53661              05/15/91
                                     Existing Metal Furniture
                                     Surface Coating Operations.
6.20..............................  Standard of Performance for      10/23/01  66 FR 53661              11/16/83
                                     Existing Bulk Gasoline Plants.
6.21..............................  Standard of Performance for      10/23/01  66 FR 53661              11/16/83
                                     Existing Gasoline Loading
                                     Facilities at Bulk Terminals.
6.22..............................  Standard of Performance for      10/23/01  66 FR 53661              03/17/93
                                     Existing Volatile Organic
                                     Materials Loading Facilities.
6.24..............................  Standard of Performance for      10/23/01  66 FR 53661              03/17/93
                                     Existing Sources Using
                                     Organic Materials.
6.26..............................  Standards of Performance for     10/23/01  66 FR 53661              06/13/79
                                     Existing Volatile Organic
                                     Compound Water Separators.
6.27..............................  Standards of Performance For     10/23/01  66 FR 53661              06/13/79
                                     Existing Liquid Waste
                                     Incinerators.
6.28..............................  Standard of Performance for      10/23/01  66 FR 53661              03/18/81
                                     Existing Hot Air Aluminum
                                     Atomization Processes.
6.29..............................  Standard of Performance for      10/23/01  66 FR 53661              05/15/91
                                     Existing Graphic Arts
                                     Facilities Using Rotogravure
                                     and Flexography.
6.30..............................  Standard of Performance for      10/23/01  66 FR 53661              05/15/91
                                     Existing Factory Surface
                                     Coating Operations of Flat
                                     Wood Paneling.
6.31..............................  Standard of Performance for      10/23/01  66 FR 53661              04/23/96
                                     Existing Miscellaneous Metal
                                     Parts and Products Surface-
                                     Coating Operations.
6.32..............................  Standard of Performance for      10/23/01  66 FR 53661              05/15/91
                                     Leaks from Existing Petroleum
                                     Refinery Equipment.
6.33..............................  Standard of Performance for      10/23/01  66 FR 53661              05/15/91
                                     Existing Synthesized
                                     Pharmaceutical Product
                                     Manufacturing Operations.
6.34..............................  Standard of Performance for      10/23/01  66 FR 53661              05/15/91
                                     Existing Pneumatic Rubber
                                     Tire Manufacturing Plants.
6.35..............................  Standard of Performance for      10/23/01  66 FR 53661              05/15/91
                                     Existing Fabric, Vinyl and
                                     Paper Surface Coating
                                     Operations.
6.38..............................  Standard of Performance for      10/23/01  66 FR 53661              12/17/86
                                     Existing Air Oxidation
                                     Processes in Synthetic
                                     Organic Chemical
                                     Manufacturing Industries.
6.39..............................  Standard of Performance for      10/23/01  66 FR 53661              07/17/96
                                     Equipment Leaks of Volatile
                                     Organic Compounds in Existing
                                     Synthetic Organic Chemical
                                     and Polymer Manufacturing
                                     Plants.
6.40..............................  Standards of Performance for     10/23/01  66 FR 53661              08/18/93
                                     Gasoline Transfer to Motor
                                     Vehicles (Stage II Vapor
                                     Recovery and Control).
6.42..............................  Reasonably Available Control     10/23/01  66 FR 53661              03/17/99
                                     Technology Requirements for
                                     Major Volatile Organic
                                     Compound- and Nitrogen Oxides-
                                     Emitting Facilities.
6.43..............................  Volatile Organic Compound        10/23/01  66 FR 53689              05/21/97
                                     Reduction Requirements.
6.45..............................  Standards of Performance for     10/23/01  66 FR 53689              02/02/94
                                     Existing Solid Waste
                                     Landfills.
6.44..............................  Standards of Performance for     10/23/01  66 FR 53661              09/20/95
                                     Existing Commercial Motor
                                     Vehicle and Mobile Equipment
                                     Refinishing Operations.
6.46..............................  Standards of Performance for     10/23/01  66 FR 53661              12/21/94
                                     Existing Ferroalloy and
                                     Calcium Carbide Production
                                     Facilities.
6.48..............................  Standard of Performance for      10/23/01  66 FR 53661              07/19/95
                                     Existing Bakery Oven
                                     Operations.
6.49..............................  Standards of Performance for     10/23/01  66 FR 53664              06/20/01
                                     Reactor Processes and
                                     Distillation Operations
                                     Processes in the Synthetic
                                     Organic Chemical
                                     Manufacturing Industry.

[[Page 799]]

 
6.50..............................  NOX Requirements for Portland    11/19/02  67 FR 69688              03/20/02
                                     Cement Kilns.
                                          Reg 7--Standards of
                                      Performance for New Affected
                                               Facilities
7.01..............................  General Provisions............   10/23/01  66 FR 53661              05/17/00
7.06..............................  Standards of Performance for     10/23/01  66 FR 53661              04/21/82
                                     New Indirect Heat Exchangers.
7.07..............................  Standard of Performance for      10/23/01  66 FR 53661              09/15/93
                                     New Incinerators.
7.08..............................  Standards of Performance for     10/23/01  66 FR 53661              03/17/99
                                     New Process Operations.
7.09..............................  Standards of Performance for     10/23/01  66 FR 53661              06/18/97
                                     New Process Gas Streams.
7.11..............................  Standard of Performance for      10/23/01  66 FR 53661              05/15/91
                                     New Asphalt Paving Operations.
7.12..............................  Standard of Performance for      10/23/01  66 FR 53661              05/15/91
                                     New Storage Vessels for
                                     Volatile Organic Compounds.
7.14..............................  Standard of Performance for      10/23/01  66 FR 53661              06/13/79
                                     Selected New Petroleum
                                     Refining Processes and
                                     Equipment.
7.15..............................  Standards of Performance for     10/23/01  66 FR 53662              04/20/88
                                     Gasoline Transfer to New
                                     Service Station Storage Tanks
                                     (Stage I Vapor Recovery).
7.18..............................  Standards of Performance for     10/23/01  66 FR 53662              05/15/91
                                     New Solvent Metal Cleaning
                                     Equipment.
7.20..............................  Standard of Performance for      10/23/01  66 FR 53662              11/16/83
                                     New Gasoline Loading
                                     Facilities at Bulk Plants.
7.22..............................  Standard of Performance for      10/23/01  66 FR 53662              03/17/93
                                     New Volatile Organic
                                     Materials Loading Facilities.
7.25..............................  Standard of Performance for      10/23/01  66 FR 53662              03/17/93
                                     New Sources Using Volatile
                                     Organic Compounds.
7.34..............................  Standard of Performance for      10/23/01  66 FR 53662              06/13/79
                                     New Sulfite Pulp Mills.
7.35..............................  Standard of Performance for      10/23/01  66 FR 53662              06/13/79
                                     New Ethylene Producing Plants.
7.36..............................  Standard of Performance for      10/23/01  66 FR 53662              06/13/79
                                     New Volatile Organic Compound
                                     Water Separators.
7.51..............................  Standard of Performance for      10/23/01  66 FR 53662              01/20/88
                                     New Liquid Waste Incinerators.
7.52..............................  Standard of Performance for      10/23/01  66 FR 53662              05/15/91
                                     New Fabric, Vinyl, and Paper
                                     Surface Coating Operations.
7.55..............................  Standard of Performance for      10/23/01  66 FR 53662              03/17/93
                                     New Insulation of Magnet Wire.
7.56..............................  Standard of Performance for      10/23/01  66 FR 53662              05/15/91
                                     Leaks from New Petroleum
                                     Refinery Equipment.
7.57..............................  Standard of Performance for      10/23/01  66 FR 53662              05/15/91
                                     New Graphic Arts Facilities
                                     Using Rotogravure and
                                     Flexography.
7.58..............................  Standard of Performance for      10/23/01  66 FR 53662              05/15/91
                                     New Factory Surface Coating
                                     Operations of Flat Wood
                                     Paneling.
7.59..............................  Standard of Performance for      10/23/01  66 FR 53662              04/23/96
                                     New Miscellaneous Metal Parts
                                     and Products Surface Coating
                                     Operations.
7.60..............................  Standard of Performance for      10/23/01  66 FR 53662              05/15/91
                                     New Synthesized
                                     Pharmaceutical Product
                                     Manufacturing Operations.
7.77..............................  Standards of Performance for     10/23/01  66 FR 53662              10/20/93
                                     New Blast Furnace Casthouses.
7.79..............................  Standards of Performance for     10/23/01  66 FR 53690              02/02/94
                                     New Commercial Motor Vehicles
                                     and Mobile Equipment
                                     Refinishing Operations.
7.81..............................  Standard of Performance for      10/23/01  66 FR 53662              05/17/00
                                     New or Modified Bakery Oven
                                     Operations.
                                    Reg 8--Mobile Source Emissions
                                                Control
----------------------------------------------------------------------------------------------------------------

    (d) EPA-approved source specific requirements.

                               EPA-Approved Kentucky Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                            State
          Name of source                 Permit No.       effective     EPA approval date        Explanations
                                                             date
----------------------------------------------------------------------------------------------------------------
Bubble action at Kentucky           N/A.................   12/01/80   06/15/81, 46 FR 31260.
 Utilities Green River Plant.
Bubble action at Corning            N/A.................   05/18/81   10/29/81, 46 FR 53408.
 Glassworks.
Bubble action at National           N/A.................   12/24/80   09/14/81, 46 FR 45610.
 Distillers Company's, Old Crow
 Plant.
Bubble action at General Electric   N/A.................   08/07/81    01/12/82, 47 FR 1291.
 in Louisville.
Bubble action at Borden Chemical    N/A.................   03/05/82   05/11/82, 47 FR 20125.
 CO in Jefferson CO..
Variance for seven                  N/A.................   08/04/82   05/02/83, 48 FR 19176.
 perchloroethylene dry cleaners.
Variance for two dry cleaners.....  N/A.................   01/27/83   05/05/83, 48 FR 20233.
Variance for Jiffy and Hiland Dry   N/A.................   04/25/84   04/18/85, 50 FR 15421.
 Cleaners.

[[Page 800]]

 
TVA Paradise Permit...............  KDEPDAQ Permit 0-87-    6/29/87    08/25/89, 54 FR 35326  WITHDRAWN
                                     012.
Opacity variance for boiler Units   KDEPDAQ Permit 0-86-   07/24/96   08/17/88, 53 FR 30998.
 1 and 2 of TVA's Paradise Steam     75.
 Plant.
Operating Permits for nine presses  APCDJC Permits 103-    02/28/90   05/16/90, 55 FR 20269.
 at the Alcan Foil Products          74, 104-74, 105-74,
 facility--Louisville.               103-74, 110-74, 111-
                                     74.
Operating Permit requiring VOC      KDEPDAQ Permit 0-94-   11/17/94   05/24/95, 60 FR 27411.
 RACT for Calgon CO.                 020.
Reynolds Metals Company...........  APCDJC Permits 103-    04/16/97    01/13/98, 63 FR 1929.
                                     74, 104-74, 016-74,
                                     110-74, 111-74.
Alternative Averaging Period for    KDEPDAQ Permit V-98-   07/07/99   05/09/01, 66 FR 23617.
 American Greetings Corporation.     049.
Title V permit requiring VOC RACT   KDEPDAQ Permit 21-     07/20/01   10/23/01, 66 FR 53664.
 for Publisher's Printing, Inc.,     029-00019.
 Bullitt County.
Board Order American Synthetic      NOX RACT Plan 12/20/   01/01/01   10/23/01, 66 FR 53684.
 Rubber Company.                     00.
Board Order E.I. du Pont de         NOX RACT Plan 02/21/   03/01/01   10/23/01, 66 FR 53684.
 Nemours & Company.                  01.
Board Order Ford Louisville         NOX RACT Plan 11/08/   01/01/00   10/23/01, 66 FR 53684.
 Assembly Plant.                     99.
Board Order General Electric        NOX RACT Plan 01/17/   03/01/01   10/23/01, 66 FR 53684.
 Company.                            01.
Board Order Kosmos Cement Company.  NOX RACT Plan 05/03/   05/03/04   05/18/05, 70 FR 28429.
                                     04.
Board Order Louisville Gas and      NOX RACT Plan 10/18/   01/01/01   10/23/01, 66 FR 53684.
 Electric Company, Cane Run          00.
 Generating Station.
Board Order Louisville Gas and      NOX RACT Plan 10/18/   01/01/01   10/23/01, 66 FR 53684.
 Electric Company, Mill Creek        00.
 Generating Station.
Board Order Louisville Medical      NOX RACT Plan 02/21/   04/01/01   10/23/01, 66 FR 53685.
 Center Steam Plant.                 01.
Board Order Oxy Vinyls, LP........  NOX RACT Plan 12/20/   01/01/01   10/23/01, 66 FR 53685.
                                     00.
Board Order Rohm and Haas Company.  NOX RACT Plan 12/20/   01/01/01   10/23/01, 66 FR 53685.
                                     00.
Board Order Texas Gas Transmission  NOX RACT Plan 11/08/   01/01/00   10/23/01, 66 FR 53685.
                                     99.
Lawson Mardon Packaging, USA, Inc.  N/A.................   08/11/03   07/10/03, 68 FR 41084.  ..................
Calgon Carbon Corporation.........  V-00-015............   05/13/05    05/24/06, 71 FR 29786  The only parts of
                                                                                               the permit being
                                                                                               approved and
                                                                                               incorporated are
                                                                                               the SO2 emission
                                                                                               limits from the
                                                                                               following
                                                                                               emissions points:
                                                                                               12, 14, 21, 31,
                                                                                               34, 32, 40, 39,
                                                                                               42, and 64.
TVA Paradise Permit...............  KDEPDAQ Permit 0-87-   10/19/07     4/29/08, 73 FR 23105  Emission Rates
                                     012.                                                      Units 1 and 2 are
                                                                                               1.2 lb/MMBTU and
                                                                                               Unit 3 is 1.2 lb/
                                                                                               MMBTU or *3.1 lb/
                                                                                               MMBTU.
Source-Specific SIP Revision for    N/A.................     8/9/07    11/30/09, 74 FR 62499  Removal of stage
 Avis Budget Car Rental Group.                                                                 II requirements
----------------------------------------------------------------------------------------------------------------
* Bypass of the scrubber shall be limited to 720 operating hours in any 12 consecutive months.


[[Page 801]]

    (e) EPA-approved non-regulatory provisions.

                                EPA--Approved Kentucky Non-regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable       State submittal
   Name of non-regulatory SIP       geographic or      date/effective       EPA approval date      Explanations
           provision             nonattainment area         date
----------------------------------------------------------------------------------------------------------------
Air Quality surveillance plan..  Commonwealth of              11/15/79  11/16/81, 46 FR 56198.
                                  Kentucky.
Protection Visibility in Class   Mammoth Cave                 08/31/97  07/12/88, 53 FR 26253.
 I Areas.                         National Park
                                  (Class I area).
Small Business Assistance        Commonwealth of              07/15/93  06/19/95, 60 FR 31915.
 Program.                         Kentucky.
Lexington Maintenance Plan.....  Fayette County,              08/24/04  09/16/04, 69 FR 55751.
                                  Scott County.
Ashland-Huntington Maintenance   Boyd County,                 05/24/95  06/29/95, 60 FR 33752.
 Plan.                            Greenup County.
Maintenance Plan for Owensboro   Daviess County,              04/14/98  09/03/98, 63 FR 46898.
 & Edmonson County Area.          Hancock County,
                                  Edmonson County.
Northern Kentucky 15% Plan & I/  Boone, Campbell              09/11/98  12/08/98, 63 FR 67591.
 M.                               and Kenton
                                  Counties.
Negative Declarations for the    Jefferson County,            12/14/99  10/23/01, 66 FR 53665.
 nonattainment portions of        Bullitt County,
 Bullitt and Oldham Counties in   Oldham County.
 Louisville 1-hour moderate
 ozone nonattainment area for
 CTG rules for aerospace,
 SOCMI, shipbuilding, and wood
 furniture manufacturing.
Negative Declarations submitted  Jefferson County,            02/26/01  10/23/01, 66 FR 53665.
 by the Air Pollution Control     Bullitt County,
 District of Jefferson County     Oldham County.
 for the Louisville 1-hour
 moderate ozone nonattainment
 area for CTG rules for
 aerospace, shipbuilding, and
 wood furniture manufacturing.
Louisville 1-Hour Ozone          Jefferson County              11/1/03  05/18/05, 70 FR 28429.
 Maintenance Plan.                and portions of
                                  Bullitt and
                                  Oldham Counties.
Maintenance Plan for Paducah     Marshall County              06/14/01  08/20/01, 66 FR 43488.
 Area.                            and a portion of
                                  Livingston County.
Northern Kentucky 1-Hour Ozone   Boone, Campbell,             02/09/05  10/04/05, 70 FR 57750
 Maintenance Plan.                and Kenton
                                  Counties.
8-Hour Ozone Maintenance Plan    Christian County..           05/20/05  01/25/06, 71 FR 4047
 for the Christian County,
 Kentucky area.
Kentucky portion of the Ashland- Boyd County.......           05/13/05  05/24/06, 71 FR 29786
 Huntington Sulfur Dioxide
 Maintenance Plan.
Louisville 8-hour Ozone          Bullitt County,            09/26/2006  07/05/07, 72 FR 36601
 Maintenance Plan.                Jefferson County,
                                  Oldham County.
Huntington-Ashland 8-hour Ozone  Boyd County.......           09/29/06  08/03/07, 71 FR 43172
 Maintenance Plan.
Northern Kentucky 8-Hour Ozone   Boone, Campbell             1/29/2010  8/5/2010, 75 FR 47218     For the 1997 8-
 Maintenance plan.                and Kenton                                                       hour ozone
                                  Counties in                                                      NAAQS.
                                  Kentucky.
Paducah 8-Hour Ozone Attainment/ Marshall and             May 27, 2008  8/26/2010, 75 FR 52467
 1-Hour Ozone Maintenance Plan    Livingston
 Section 110(a)(1).               Counties.
Huntington--Ashland 8-Hour       A portion of             May 27, 2008  4/14/11, 76 FR 20853      For the 1997 8-
 Ozone Section 110(a)(1)          Greenup County.                                                  hour ozone
 Maintenance Plan.                                                                                 NAAQS.
Lexington 8-Hour Ozone Section   Fayette and Scott        May 27, 2008  4/14/11, 76 FR 20853      For the 1997 8-
 110(a)(1) Maintenance Plan       Counties.                                                        hour ozone
 Section 110(a)(1).                                                                                NAAQS.
Edmonson County 8-Hour Ozone     Edmonson County...       May 27, 2008  4/14/11, 76 FR 20853      For the 1997 8-
 Section 110(a)(1) Maintenance                                                                     hour ozone
 Plan.                                                                                             NAAQS.

[[Page 802]]

 
Owensboro 8-Hour Ozone Section   Daviess County and       May 27, 2008  4/14/11, 76 FR 20853      For the 1997 8-
 110(a)(1) Maintenance Plan.      a portion of                                                     hour ozone
                                  Hancock County.                                                  NAAQS.
110(a)(1) and (2)                Commonwealth of            12/13/2007  7/13/2011, 76 FR 41088    For the 1997 8-
 Infrastructure Requirements      Kentucky.                                                        hour ozone
 for the 1997 8-Hour Ozone                                                                         NAAQS.
 National Ambient Air Quality
 Standards.
1997 Annual PM2.5 Maintenance    Boone, Campbell               1/27/11  12/15/2011, 76 FR 77903   For the 1997
 Plan for the Northern Kentucky   and Kenton                                                       Annual PM2.5
 Area.                            Counties                                                         NAAQS.
                                  (Kentucky portion
                                  of the Cincinnati-
                                  Hamilton OH-KY-IN
                                  Area).
Huntington-Ashland 1997 PM2.5    Boyd County;               12/03/2008  4/11/2012, 77 FR 21663    For the 1997
 Attainment Plan.                 Portion of                                                       PM2.5 NAAQS.
                                  Lawrence County.
Regional Haze Plan and Plan      Statewide.........   06/25/08 and 05/  03/30/12, 77 FR 19098     Source-
 Amendment.                                                      28/10                             specific BART
                                                                                                   requirements
                                                                                                   are
                                                                                                   summarized in
                                                                                                   Table 7.5.3-2
                                                                                                   of the
                                                                                                   Commonwealth'
                                                                                                   s May 28,
                                                                                                   2010
                                                                                                   submittal.
----------------------------------------------------------------------------------------------------------------


[64 FR 28750, May 27, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
52.920, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.921  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Appalachian Intrastate...............................          II        III       III       III           III
Bluegrass Intrastate.................................          II        III       III       III           III
Evansville (Indiana)-Owensboro-Henderson (Kentucky)             I         II       III       III           III
 Interstate..........................................
Huntington (West Virginia)-Ashland (Kentucky)-                  I        III       III       III           III
 Portsmouth-Ironton (Ohio) Interstate................
Louisville Interstate................................           I          I       III       III             I
Metropolitan Cincinnati Interstate...................           I         II       III       III             I
North Central Kentucky Intrastate....................          II        III       III       III           III
Paducah (Kentucky)-Cairo (Illinois) Interstate.......           I         II       III       III           III
South Central Kentucky Intrastate....................         III        III       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10868, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]

[[Page 803]]



Sec. 52.922  [Reserved]



Sec. 52.923  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Kentucky's plans for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds the plans satisfy all requirements of Part D, 
Title I, of the Clean Air Act as amended in 1977, except as noted below. 
In addition, continued satisfaction of the requirements of Part D for 
the ozone portion of the SIP depends on the adoption and submittal of 
RACT requirements by July 1, 1980 for the sources covered by CTGs issued 
between January 1978 and January 1979 and adoption and submittal by each 
subsequent January of additional RACT requirements for sources covered 
by CTGs issued by the previous January.
    (b) New Source review permits issued pursuant to Section 173 of the 
Clean Air Act will not be deemed valid by EPA unless the provisions of 
Section V of Appendix S of 40 CFR part 51 are met.

[45 FR 72157, Oct. 31, 1980]



Sec. 52.924  Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met 
since K.R.S. 224.380 of the Air Pollution Control Law of the 
Commonwealth of Kentucky (June 18, 1970) does not provide for the 
release, under certain circumstances, of emission data to the public.
    (b) Delegation of Authority: Pursuant to section 114 of the Act, 
Kentucky requested a delegation of authority to enable it to collect, 
correlate, and release emission data to the public. The Administrator 
has determined that Kentucky is qualified to receive a delegation of the 
authority it requested. Accordingly, the Administrator delegates to 
Kentucky his authority under section 114(a) (1) and (2) and section 
114(c) of the Act, i.e., authority to collect, correlate, and release 
emission data to the public.

[37 FR 10868, May 31, 1972, as amended at 37 FR 15084, July 27, 1972; 51 
FR 40676, Nov. 7, 1986]



Sec. 52.925  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the legal authority to provide for public availability of emission 
data is inadequate.

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



Sec. 52.926  Attainment dates for national standards.

    The following table presents the latest dates by which the national 
standards are to be attained. The dates reflect the information 
presented in Kentucky's plan, except where noted.

----------------------------------------------------------------------------------------------------------------
                                                                      Pollutant
                                    ----------------------------------------------------------------------------
     Air quality control region       Particulate matter       Sulfur oxides
                                    --------------------------------------------  Nitrogen    Carbon     Ozone
                                      Primary   Secondary   Primary   Secondary   dioxide    monoxide
----------------------------------------------------------------------------------------------------------------
Appalachian Intrastate:
  a. Bell County...................          g          h          b          b          b          b          b
  b. Perry County..................          g          h          b          b          b          b          b
  c. Whitley County................          g          h          b          b          b          b          b
  d. Rest of AQCR..................          c          c          b          b          b          b          b
Bluegrass Intrastate:
  a. Fayette County................          a          c          b          b          b          b          g
  b. Madison County................          g          h          b          b          b          b          b
  c. Rest of AQCR..................          a          c          b          b          b          b          b
Evansville (Indiana)-Ownsboro-
 Henderson (Kentucky) Interstate:
  a. Daviess County................          g          i          g          g          b          b          b
  b. Henderson County..............          g          i          a          e          b          b          g
  c. Webster County................          c          c          g          g          b          b          b
  d. Rest of AQCR..................          c          c          a          e          b          b          b
Huntington (West Virginia)-Ashland
 (Kentucky)-Portsmouth-Ironton
 (Ohio) Interstate:
  a. Boyd County...................          g          i          g          b          b          b          g
  b. Lawrence County...............          g          h          b          b          b          b          b

[[Page 804]]

 
  c. Rest of AQCR..................          c          c          b          b          b          b          b
Louisville Interstate..............          g          i          j          j          b          h          h
Metropolitan Cincinnati Interstate:
  a. Boone County..................          c          c          a          d          b          d          h
  b. Campbell County...............          g          h          a          d          b          d          h
  c. Kenton County.................          c          c          a          d          b          d          h
  d. Rest of AQCR..................          c          c          a          d          b          d          c
North Central Kentucky Intrastate:
  a. Bullitt County................          g          h          b          b          b          b          b
  b. Rest of AQCR..................          a          c          b          b          b          b          b
Paducah (Kentucky) Cairo (Illinois)
 Interstate:
  a. McCracken County..............          g          h          g          f          b          b          b
  b. Marshall County...............          c          g          a          f          b          b          b
  c. Muhlenberg County.............          g          h          g          g          b          b          b
  d. Rest of AQCR..................          c          c          a          f          b          b          b
South Central Kentucky Intrastate..          b          b          b          b          b          b          b
----------------------------------------------------------------------------------------------------------------
See Sec.  81.318 of this chapter to identify the specific nonattainment area.
 
Note: Dates or footnotes in italics are prescribed by the Administrator because the plan did not provide a
  specific date or the dates provided were not acceptable. Sources subject to plan requirements and attainment
  dates established under section 110(a)(2)(A) prior to the 1977 Clean Air Act Amendments remain obligated to
  comply with those requirements by the earlier deadlines. The earlier attainment dates are set out at 40 CFR
  52.926 (1979 edition).
 
a. Air quality levels presently below primary standards or area is unclassifiable.
b. Air quality levels presently below secondary standards or area is unclassifiable.
c. April 1975.
d. July 1975.
e. July 1977.
f. July 1978.
g. December 31, 1982.
h. December 31, 1987.
i. 18 month extension for plan submittal granted: attainment date not yet established.
j. January 1, 1985.


[45 FR 85002, Dec. 24, 1980]



Sec. 52.927  Compliance schedules.

    (a) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (b) Federal compliance schedules.
    (1) Except as provided in paragraph (b)(5) of this section, the 
owner or operator of any fuel-burning facility subject to the 
requirements of the Kentucky Air Pollution Control Regulations as they 
apply to sulfur dioxide sources, shall notify the Regional 
Administrator, by no later than November 3, 1975, of his intent to 
utilize either low-sulfur fuel or stack gas desulfurization to meet 
these requirements.
    (2) Any owner or operator of a stationary source subject to 
paragraph (b)(1) of this section who elects to utilize low-sulfur fuel 
shall be subject to the following compliance schedule:
    (i) December 1, 1975--Submit to the Regional Administrator a 
projection of the amount of fuel, by types, that will be substantially 
adequate to enable compliance with the applicable regulation on July 1, 
1977, and for at least one year thereafter, as well as a statement as to 
whether boiler modifications will be required. If so, final plans for 
such modifications must be submitted simultaneously.
    (ii) December 31, 1975--Sign contracts with fuel suppliers for 
projected fuel requirements as projected above.
    (iii) December 31, 1975--Let contracts for necessary boiler 
modifications, if applicable.
    (iv) January 30, 1976--Initiate onsite modifications, if applicable.
    (v) May 1, 1977--Complete onsite modifications, if applicable.
    (vi) July 1, 1977--Achieve compliance with the applicable 
regulations, and certify such compliance to the Regional Administrator.

[[Page 805]]

    (3) Any owner or operator subject to paragraph (b)(1) of this 
section who elects to utilize stack gas desulfurization shall be subject 
to the following compliance schedule:
    (i) December 1, 1975--Submit to the Regional Administrator a final 
control plan, which describes at a minimum the steps which will be taken 
by the source to achieve compliance with the applicable regulations.
    (ii) December 31, 1975--Negotiate and sign all necessary contracts 
for emission control systems or process modifications, or issue orders 
for the purchase of component parts to accomplish emission control or 
process modifications.
    (iii) January 30, 1976--Initiate onsite construction or installation 
of emission control equipment or process modification.
    (iv) May 1, 1977--Complete onsite construction or installation or 
emission control equipment or process modification.
    (v) July 1, 1977--Complete shakedown operations and performance 
tests for the applicable unit(s); achieve compliance with Kentucky 
Division of Air Pollution Regulation for sulfur dioxide sources and 
certify such compliance to the Regional Administrator. Ten days prior to 
any performance testing, notice must be given to the Regional 
Administrator to afford him the opportunity to have an observer present.
    (4) Five days after the deadline for completing increments in 
paragraphs (b)(2)(ii) through (b)(2)(v) and (b)(3)(ii) through 
(b)(3)(iv) of this section, certify to the Regional Administrator 
whether the increment has been met.
    (5) (i) None of the above paragraphs shall apply to a source which 
is presently in compliance with applicable regulations. The owner or 
operator of any fuel-burning facility with an aggregate heat input of 
more than 250 million BTU per hour which is presently in compliance, 
shall certify such compliance to the Regional Administrator by November 
3, 1975. The Regional Administrator may request whatever supporting 
information he considers necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Regional Administrator no later than 
December 1, 1975, a proposed alternative compliance schedule. No such 
compliance schedule may provide for final compliance after the final 
compliance date in the applicable compliance schedule of this paragraph. 
If approved by the Administrator, such schedule shall satisfy the 
requirements of this paragraph for the affected source.
    (6) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of a compliance schedule in this paragraph fails to satisfy the 
requirements of Sec. Sec. 51.261 and 51.262(a) of this chapter.

[38 FR 16145, June 20, 1973, as amended at 40 FR 3418, Jan. 22, 1975; 40 
FR 14071, Mar. 28, 1975; 40 FR 29541, July 14, 1975; 40 FR 40160, Sept. 
2, 1975; 51 FR 40675, 40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 
1989]



Sec. 52.928  Control strategy: Sulfur oxides.

    The revised SO2 emission limit for large coal-fired 
boilers in Bell, Clark, and Woodford Counties, submitted on June 29, 
1979, is disapproved since it does not provide for attainment and 
maintenance of all SO2 NAAQS. The limit approved by EPA on 
May 10, 1976 (41 FR 19105), remains the limit applicable to these 
sources.

[49 FR 11091, Mar. 23, 1984]



Sec. 52.929  Determination of attainment.

    (a) Based upon EPA's review of the air quality data for the 3-year 
period 2007-2009, EPA determined that the Huntington-Ashland, West 
Virginia-Kentucky-Ohio PM2.5 nonattainment Area attained the 
1997 annual PM2.5 NAAQS by the applicable attainment date of 
April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA 
section 179(c) to determine, based on the Area's air quality as of the 
attainment date, whether the Area attained the standard. EPA also 
determined that the Huntington-Ashland

[[Page 806]]

PM2.5 nonattainment Area is not subject to the consequences 
of failing to attain pursuant to section 179(d).
    (b) Based upon EPA's review of the air quality data for the 3-year 
period 2007-2009, EPA determined that the Louisville, Kentucky-Indiana 
PM2.5 nonattainment Area attained the 1997 annual 
PM2.5 NAAQS by the applicable attainment date of April 5, 
2010. Therefore, EPA has met the requirement pursuant to CAA section 
179(c) to determine, based on the Area's air quality as of the 
attainment date, whether the Area attained the standard. EPA also 
determined that the Louisville PM2.5 nonattainment Area is 
not subject to the consequences of failing to attain pursuant to section 
179(d).
    (c) Based upon EPA's review of the air quality data for the 3-year 
period 2007-2009, EPA determined that the Cincinnati-Hamilton, Ohio, 
Kentucky, and Indiana PM2.5 nonattainment Area attained the 
1997 annual PM2.5 NAAQS by the applicable attainment date of 
April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA 
section 179(c) to determine, based on the Area's air quality as of the 
attainment date, whether the Area attained the standard. EPA also 
determined that the Cincinnati-Hamilton, Ohio, Kentucky, and Indiana 
PM2.5 nonattainment Area is not subject to the consequences 
of failing to attain pursuant to section 179(d).

[76 FR 55543, Sept. 7, 2011, as amended at 76 FR 55546, Sept. 7, 2011; 
76 FR 60375, Sept. 29, 2011]



Sec. 52.930  Control strategy: Ozone.

    (a) The VOC bubble for Alcan Foil Products in Louisville submitted 
as a SIP revision on March 3, 1986, is disapproved. The source must 
continue to meet all the requirements of Jefferson County Regulation 
6.29.
    (b) Part D--disapproval--(1) Campbell and Kenton Counties 
nonattainment area. The 1979 SIP revisions for these two counties are 
disapproved because the Commonwealth failed to submit evidence of legal 
authority to implement a vehicle inspection and maintenance program as 
required under section 172(b)(11)(B) of the Clean Air Act. No major new 
or modified sources of volatile organic compounds can be built in these 
two counties by virtue of the provisions of section 110(a)(2)(l) of the 
Clean Air Act.
    (2) Northern Kentucky (Boone, Campbell and Kenton Counties) ozone 
nonattainment area. The demonstration of attainment of the ozone 
standards by the end of 1982, submitted as part of Kentucky's ozone SIP 
revision on June 23, 1982, (draft), September 27, 1982, and November 3, 
1982, is disapproved. As a result, the extension of the attainment 
deadline until December 31, 1987, remains in effect, along with the 
related requirement to submit a SIP revision addressing all requirements 
of Part D extension areas.
    (c) The redesignation request submitted by the Commonwealth of 
Kentucky, on November 11, 1994, for the Kentucky portion of the 
Cincinnati-Northern Kentucky moderate interstate ozone nonattainment 
area from nonattainment to attainment was disapproved on September 27, 
1996.
    (d) Kentucky's November 15, 1996, request for a 1-year attainment 
date extension for the Kentucky portion of the Cincinnati-Hamilton 
metropolitan moderate ozone nonattainment area which consists of Kenton, 
Boone, and Campbell Counties is approved. The date for attaining the 
ozone standard in these counties is November 15, 1997.
    (e) Kentucky's November 15, 1996, request for a 1-year attainment 
date extension for the Kentucky portion of the Louisville moderate ozone 
nonattainment area which consists of Jefferson County and parts of 
Bullitt and Oldham Counties is approved. The date for attaining the 
ozone standard in these counties is November 15, 1997.
    (f) Kentucky's January 7, 1998, request for a 1-year attainment date 
extension for the Kentucky portion of the Cincinnati-Hamilton 
metropolitan moderate ozone nonattainment area which consists of Kenton, 
Boone, and Campbell Counties is approved. The date for attaining the 
ozone standard in these counties is November 15, 1998.
    (g) The redesignation request submitted by the Commonwealth of 
Kentucky, on October 29, 1999, for the Kentucky portion of the 
Cincinnati-Hamilton moderate interstate ozone nonattainment area from 
nonattainment to attainment was approved on July 5,

[[Page 807]]

2000. The mobile source budgets for the Kentucky portion of the area for 
the purposes of transportation conformity are now 5.83 tons per summer 
day of volatile organic compounds and 15.13 tons per summer day of 
nitrogen oxides for the year 2010.
    (h) Determination--EPA is determining that as of July 5, 2000, the 
Kentucky portion of the Cincinnati-Hamilton ozone nonattainment area 
(which includes the Counties of Boone, Kenton, and Campbell) 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.
    (i) Approval--EPA is approving an exemption from the requirements 
contained in section 182(f) of the Clean Air Act. This approval exempts 
Boone, Kenton, and Campbell counties in Kentucky from the NOX 
related general conformity provisions; nonattainment NSR for new sources 
and modifications that are major for NOX; NOX 
RACT; and the requirement for a demonstration of compliance with the 
enhanced I/M performance standard for NOX.
    (j) [Reserved]
    (k) The redesignation request submitted by the Commonwealth of 
Kentucky, on March 30, 2001, and supplemented on July 9, 2001, for the 
Kentucky portion of the Louisville moderate interstate ozone 
nonattainment area from nonattainment to attainment was approved on 
October 23, 2001. The motor vehicle emissions budgets for VOC and 
NOX in the Kentucky portion of the Louisville moderate 
interstate maintenance plan are adequate for conformity purposes and 
approvable as part of the maintenance plan. The 1-hour ozone standard 
maintenance plan motor vehicle emission budgets for the entire 
interstate Louisville area for the purposes of transportation conformity 
are now 48.17 tons per summer day of VOC and 92.93 tons per summer day 
of NOX for the year 2012.

[46 FR 58082, Nov. 30, 1981, as amended at 48 FR 13169, Mar. 30, 1983; 
51 FR 10210, Mar. 25, 1986; 54 FR 10983, Mar. 16, 1989; 60 FR 32469, 
June 22, 1995; 60 FR 40101, Aug. 7, 1995; 61 FR 50720, Sept. 27, 1996; 
62 FR 28637, May 27, 1997; 62 FR 40281, July 28, 1997; 62 FR 55176, Oct. 
23, 1997; 62 FR 61246, Nov. 17, 1997; 63 FR 14625, Mar. 26, 1998; 65 FR 
37898, June 19, 2000; 66 FR 53685, Oct. 23, 2001]



Sec. 52.931  Significant deterioration of air quality.

    (a) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 (b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the State 
of Kentucky only as they apply to permits issued pursuant to Sec. 52.21 
prior to final approval of Kentucky's Regulation for Prevention of 
Significant Deterioration (PSD), Visibility Monitoring, and Visibility 
New Source Review in Attainment Areas. The provisions of Sec. 52.21 (b) 
through (w) are rescinded for permits issued after final approval of 
Kentucky's Regulation for Prevention of Significant Deterioration (PSD), 
Visibility Monitoring, and Visibility New Source Review in Attainment 
Areas.
    (b) The Commonwealth of Kentucky has committed to revising the 
state's regulations accordingly when EPA amends the federal vessel 
emissions provisions contained in 40 CFR 51.166. In a letter dated 
October 17, 1986, Kentucky stated:

    As requested, the Division of Air Pollution Control hereby commits 
to changing the definition of ``building, structure, facility, or 
installation,'' and any other applicable definitions, when the issue of 
vessel emissions is resolved at the federal level, and after the federal 
regulation, 40 CFR 51.24, is amended.

    (c) In a letter dated May 3, 1988, EPA informed Kentucky that the 
following caveat must be included in all potentially affected permits 
due to a decision of the U.S. Court of Appeals for the District of 
Columbia Circuit (NRDC v. Thomas, 838 F.2d 1224):

    In approving this permit, the Kentucky Division for Air Quality has 
determined that the application complies with the applicable provisions 
of the stack height regulations as revised by the EPA on July 8, 1985 
(50 FR 27892). Portions of the regulations have been

[[Page 808]]

remanded by a panel of the U.S. Court of Appeals for the D.C. Circuit in 
NRDC v. Thomas, 838 F.2d 1224 (D.C. Cir. 1988). Consequently, this 
permit may be subject to modification if and when the EPA revises the 
regulation in response to the court decision. This may result in revised 
emission limitations or may affect other actions taken by the source 
owners or operators.

    Kentucky responded with a letter dated May 11, 1988, stating in 
part:

    This is in response to your letter dated May 3, 1988 * * *. As 
requested by your letter, the Kentucky Division for Air Quality agrees 
to include the condition set forth in your letter, in all potentially 
affected permits issued under regulation 401 KAR 51:017 or 401 KAR 
51:052. Therefore, we request that you consider this letter as our 
commitment that the required caveat will be included in all potentially 
affected permits * * *.
    (d) All applications and other information required pursuant to 
Sec. 52.21 of this part from sources located in the Commonwealth of 
Kentucky shall be submitted to the State agency, Commonwealth of 
Kentucky, Energy and Environment Cabinet, Department of Environmental 
Protection, Division for Air Quality, 200 Fair Oaks Lane, 1st Floor, 
Frankfort, Kentucky 40610-1403 or local agency, Louisville Metro Air 
Pollution Control District, 850 Barret Avenue, Louisville, Kentucky 
40204, rather than to EPA's Region 4 office.

[54 FR 36311, Sept. 1, 1989, as amended at 74 FR 55143, Oct. 27, 2009]



Sec. 52.932  Rules and regulations.

    (a) The last sentence of section 3(1) of Kentucky regulation 401 KAR 
3:050, which specifies that a new fossil fuel fired steam electric 
generator's allowable SO2 emissions may be calculated by 
averaging SO2 emissions from existing units of this type and 
from new ones, is disapproved since it contravenes subpart D of 40 CFR 
part 60, New Source Performance Standards.
    (b) Section 8(2)(a) of regulation 401 KAR 61:015 is disapproved in 
that it allows the Tennessee Valley Authority's Shawnee power plant 
until October 1, 1981, to achieve compliance with emissions limits which 
are not made more stringent by the 1979 Part D revisions, and which the 
source was previously required to meet by July 1, 1977.
    (c) Section 8(2)(d) of regulation 401 KAR 61:015 is disapproved in 
that it allows sources until December 31, 1982, to achieve compliance 
with emission limits which are not made more stringent by the 1979 Part 
D revisions, and which the sources were previously required to meet 
prior to 1979.

[41 FR 19106, May 10, 1976, as amended at 46 FR 40188, Aug. 7, 1981]



Sec. 52.933  Control Strategy: Sulfur oxides and particulate matter.

    (a) In a letter dated March 27, 1987, the Kentucky Department for 
Natural Resources and Environmental Protection certified that no 
emission limits in the State's plan are based on dispersion techniques 
not permitted by EPA's stack height rules. This certification does not 
apply to: Big Rivers-Green 1 & 2, Kentucky Utilities-Ghent 
3 & 4, and Ashland Oil, Inc.-Catlettsburg.
    (b) Determination of Attainment. EPA has determined, as of March 9, 
2011, that the Louisville, IN-KY PM2.5 nonattainment area has 
attained the 1997 PM2.5 NAAQS. These determinations, in 
accordance with 40 CFR 51.1004(c), suspend the requirements for this 
area to submit an attainment demonstration, associated reasonably 
available control measures, reasonable further progress, contingency 
measures, and other plan elements related to attainment of the standards 
for as long as the area continues to meet the 1997 PM2.5 
NAAQS.
    (c) Disapproval. EPA is disapproving portions of Kentucky's 
Infrastructure SIP for the 2006 24-hour PM2.5 NAAQS 
addressing interstate transport, specifically with respect to section 
110(a)(2)(D)(i)(I).
    (d) Determination of Attainment. EPA has determined, as of September 
7, 2011, that based upon 2007-2009 air quality data, the Huntington-
Ashland, West Virginia-Kentucky-Ohio, nonattainment Area has attained 
the 1997 annual PM2.5 NAAQS. This determination, in 
accordance with 40 CFR 52.1004(c), suspends the requirements for this 
Area to submit an attainment demonstration, 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 this Area continues to meet the 1997 annual 
PM2.5 NAAQS.

[[Page 809]]

    (e) Determination of Attainment. EPA has determined, as of September 
29, 2011, that based upon 2007-2009 air quality data, the Cincinnati-
Hamilton, Ohio-Kentucky-Indiana nonattainment Area has attained the 1997 
annual PM2.5 NAAQS. This determination, in accordance with 40 
CFR 52.1004(c), suspends the requirements for this Area to submit an 
attainment demonstration, 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 
this Area continues to meet the 1997 annual PM2.5 NAAQS.

[54 FR 23478, June 1, 1989, as amended at 76 FR 12862, Mar. 9, 2011; 76 
FR 43143, July 20, 2011; 76 FR 55543, Sept. 7, 2011; 76 FR 60376, Sept. 
29, 2011]



Sec. 52.934  VOC rule deficiency correction.

    (a) Sections 1.02, 1.08, 6.12, 6.13, 6.16, 6.18, 6.19, 6.23, 6.29, 
6.30, 6.31, 6.32, 6.33, 6.34, 6.35, 7.11, 7.12, 7.16, 7.18, 7.19, 7.23, 
7.52, 7.56, 7.57, 7.58, 7.59, 7.60 and 7.61 of the Jefferson County 
portion of the Commonwealth of Kentucky SIP are being approved. The 
Commonwealth submitted these regulations to EPA for approval on February 
12, 1992. These sections were intended to correct deficiencies cited in 
a letter calling for the Commonwealth to revise its SIP for ozone from 
Greer C. Tidwell, the EPA Regional Administrator, to Governor Wallace G. 
Wilkinson on May 26, 1988, and clarified in a letter from Winston A. 
Smith, Air, Pesticides & Toxics Management Division Director, to William 
C. Eddins, Director of the Commonwealth of Kentucky Division for Air 
Quality.
    (b) Sections 1.05, 1.06, 6.17, 6.36, 6.37, and 6.40 of the Jefferson 
County portion of the Commonwealth of Kentucky SIP are being approved. 
The Commonwealth submitted these regulations to EPA for approval on 
March 4, 1993. These sections were intended to correct deficiencies 
cited in a letter calling for the Commonwealth to revise its SIP for 
ozone from Greer C. Tidwell, the EPA Regional Administrator, to Governor 
Wallace G. Wilkinson on May 26, 1988, and clarified in a letter from 
Winston A. Smith, Air, Pesticides & Toxics Management Division Director, 
to William C. Eddins, Director of the Commonwealth of Kentucky Division 
for Air Quality.
    (c) Deficiencies in 1.12 Emissions Trading, however, have not been 
corrected. The above deficiencies must be corrected according to the 
letters mentioned above, the proposed post-1987 ozone policy (52 FR 
45044), and other EPA guideline relating to the deficiencies before the 
SIP for ozone can be fully approved.

[59 FR 32352, June 23, 1994]



Sec. 52.935  PM10 State implementation plan development in group II areas.

    On July 7, 1988, the State submitted a committal SIP for the cities 
of Ashland and Catlettsburg in Boyd County. The committal SIP contains 
all the requirements identified in the July 1, 1987, promulgation of the 
SIP requirements for PM10 at 52 FR 24681. The SIP commits the 
State to submit an emissions inventory, continue to monitor for 
PM10, report data and to submit a full SIP if a violation of 
the PM10 National Ambient Air Quality Standards is detected.

[55 FR 4172, Feb. 7, 1990]



Sec. 52.936  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met because the plan does not include approvable measures for meeting 
the requirements of 40 CFR 51.308 for protection of visibility in 
mandatory Class I federal areas.
    (b) [Reserved]

[77 FR 19109, Mar. 30, 2012]

    Effective Date Note: At 77 FR 33657, June 7, 2012, Sec. 52.936 was 
revised, effective August 6, 2012. For the convenience of the user, the 
revised text is set forth as follows:



Sec. 52.936  Visibility protection.

    (a) Regional Haze. The requirements of section 169A of the Clean Air 
Act are not met because the regional haze plan submitted by Kentucky on 
June 25, 2008, and amended on May 28, 2010, does not include fully 
approvable measures for meeting the requirements of 40 CFR 51.308(d)(3) 
and 51.308(e) with respect to emissions of NOX and 
SO2 from electric generating units. EPA has given limited 
approval and limited disapproval to the plan provisions addressing these 
requirements.

[[Page 810]]

    (b) Measures Addressing Limited Disapproval Associated with NOX. The 
deficiencies associated with NOX identified in EPA's limited 
disapproval of the regional haze plan submitted by Kentucky on June 25, 
2008, and amended on May 28, 2010, are satisfied by Sec. 52.940.
    (c) Measures Addressing Limited Disapproval Associated with SO2. The 
deficiencies associated with SO2 identified in EPA's limited 
disapproval of the regional haze plan submitted by Kentucky on June 25, 
2008, and amended on May 28, 2010, are satisfied by Sec. 52.941.



Sec. 52.937  Review of new sources and modifications.

    (a) Approval--EPA is approving the section 182(f) oxides of nitrogen 
(NOX) reasonably available control technology (RACT) 
exemption request submitted by the Kentucky Department for Environmental 
Protection on August 16, 1994, for the Kentucky portion of the 
Huntington-Ashland ozone (O3) moderate nonattainment area. 
This approval exempts this area from implementing NOX RACT on 
major sources of NOX. If a violation of the O3 
NAAQS occurs in the area, the exemption from the requirement of section 
182(f) of the CAA in the applicable area shall not apply.
    (b) Approval--EPA is approving the section 182(f) oxides of nitrogen 
(NOX) reasonably available control technology (RACT) 
exemption for the Kentucky portion of the Cincinnati-Hamilton ozone 
(O3) moderate nonattainment area. This approval exempts this 
area from implementing NOX RACT on major sources of 
NOX.

[60 FR 21717, May 3, 1995, as amended at 65 FR 37898, June 19, 2000]



Sec. 52.938  General conformity.

    The General Conformity regulations were submitted on November 10, 
1995, and adopted into the Kentucky State Implementation Plan (SIP). The 
Commonwealth of Kentucky incorporated by reference regulations 40 CFR 
part 51, subpart W--determining conformity of General Federal Actions to 
State or Federal Implementation Plans.

[63 FR 40046, July 27, 1998]



Sec. 52.939  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the Commonwealth Kentucky'' and all revisions submitted by Kentucky 
that were federally approved prior to March 1, 1999.
    (b) The plan was officially submitted on February 8, 1972, and was 
resubmitted on December 5, 1973.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Clarifying comments on the plan submitted on March 6, 1972, by 
the Kentucky Air Pollution Control Office.
    (2) Chapters IV and V, Control Strategies, and Chapter VII, Emission 
Control Regulations, submitted on March 17, 1972, by the Kentucky Air 
Pollution Control Office.
    (3) Summary letter of Kentucky Air Pollution Control Commission and 
Regional Office meeting with attachments submitted May 3, 1972, by the 
Kentucky Air Pollution Control Office.
    (4) Letter requesting delegation of authority and offering 
justification for a two-year extension for attainment of the sulfur 
dioxide primary standard submitted on June 7, 1972, by the Governor.
    (5) Indirect source Regulation AP-11 and compliance schedules 
submitted on December 5, 1973, by the Governor.
    (6) Compliance schedules submitted on February 15, 1974, by the 
Kentucky Department for Natural Resources and Environmental Protection.
    (7) Compliance schedules submitted on April 23, 1974, by the 
Kentucky Department for Natural Resources and Environmental Protection.
    (8) Clarifying comments submitted on May 21, 1974, by the Kentucky 
Department for Natural Resources and Environmental Protection.
    (9) AQMA material submitted on January 6, 1975, by the Kentucky 
Department for Natural Resources and Environmental Protection.
    (10) Revised body of air pollution control regulations and revised 
control strategies submitted respectively on August 29 and September 16, 
1975, by the Kentucky Department for Natural Resources and Environmental 
Protection.

[[Page 811]]

    (11) Letters requesting delegation of Federal authority for the 
administrative and technical portions of the Prevention of Significant 
Deterioration program were submitted on May 5 and June 13, 1976 by the 
Secretary of the Department for Natural Resources and Environmental 
protection.
    (12) 1979 revisions for Part D requirements for ozone nonattainment 
areas, submitted on June 29, 1979, by the Kentucky Department for 
Natural Resources and Environmental Protection.
    (13) 1979 revisions for Part D requirements for sulfur dioxide 
nonattainment areas (Boyd, Jefferson, McCracken, Muhlenberg, and Webster 
Counties), submitted on June 29, 1979, by the Kentucky Department for 
Natural Resources and Environmental Protection.
    (14) 1979 revisions for Part D requirements for total suspended 
particulate nonattainment areas (Bell, Boyd, Jefferson, McCracken and 
Muhlenberg counties, that portion of Bullit County in Shepherdsville, 
that portion of Campbell County in Newport, that portion of Daviess 
County in Owensboro, those portions of Henderson County in and around 
Henderson, that portion of Lawrence County in Louisa, that portion of 
Madison County in Richmond, that portion of Perry County in Hazard, that 
portion of Pike County in Pikeville, and that portion of Whitley County 
in Corbin) submitted on June 29, 1979, by the Kentucky Department for 
Natural Resources and Environmental Protection.
    (15) Revision to the State Implementation Plan for a bubble action 
at the Kentucky Utilities--Green River Station was submitted on December 
1, 1980.
    (16) Corrections in 1979 ozone revisions required by conditional 
approval of January 25, 1980, submitted on May 18, 1980 (letter on oil-
water effluent separators), September 22, 1980 (Jefferson County I/M 
ordinance and schedule), November 19, 1980 (Jefferson County 
transportation related commitments), and on January 8, 1981 (changes in 
Jefferson County I/M schedule), by the Kentucky Department for Natural 
Resources and Environmental Protection.
    (17) 1979 Revisions for Part D requirements for the Jefferson County 
carbon monoxide nonattainment area, submitted on June 29, 1979, by the 
Kentucky Department for Natural Resources and Environmental Protection. 
Additional materials to correct the deficiencies noted in the November 
15, 1979 proposed conditional approval were submitted as SIP revisions 
on September 22, 1980, November 19, 1980, and January 8, 1981, as noted 
in the preceding paragraph.
    (18) Air quality surveillance plan submitted on November 15, 1979, 
by the Kentucky Department for Natural Resources and Environmental 
Protection.
    (19) Revision to the State Implementation Plan for a bubble action 
at Corning Glassworks, Danville, Kentucky was submitted on May 18, 1981, 
by the Kentucky Department for Natural Resources and Environmental 
Protection.
    (20) Revision to the State Implementation Plan for a bubble action 
at National Distillers Company's Old Crow Plant in Woodford County, 
submitted on December 24, 1980, by the Kentucky Department for Natural 
Resources and Environmental Protection.
    (21) Boone County Inspection/Maintenance ordinance and 
transportation control measures for Boone, Campbell, and Kenton 
Counties, submitted on November 19, 1980, by the Kentucky Department for 
Natural Resources and Environmental Protection.
    (22) Set II VOC regulations, submitted on February 5, 1981, and 
September 24, 1982, by the Kentucky Department for Environmental 
Protection.
    (23) Implementation plan for lead, submitted on May 7, 1980, by the 
Kentucky Department for Natural Resources and Environmental Protection.
    (24) Provision for permit and exemption fees, submitted on June 10, 
1981, by the Kentucky Department for Natural Resources and Environmental 
Protection.
    (25) Provisions for public notifications and participation pursuant 
to section 127(a) of the Clean Air Act, submitted on April 8, 1980, by 
the Kentucky Department for Natural Resources and Environmental 
Protection.
    (26) Revision to the State Implementation Plan for a bubble action 
at General Electric, Louisville, Kentucky, submitted on August 7, 1981, 
by the

[[Page 812]]

Kentucky Department for Natural Resources and Environmental Protection.
    (27) Revised Boone County Inspection/Maintenance schedule submitted 
on October 9, 1981 by the Kentucky Department for Natural Resources and 
Environmental Protection.
    (28) Addition to Appendix N of Jefferson County Regulation 6.28, 
Standard of Performance for Existing Hot Air Aluminum Atomization 
Processes, submitted on May 18, 1981, by the Kentucky Department for 
Natural Resources and Environmental Protection.
    (29) Revision of Appendix N, Jefferson County Regulation 6.35, 
Standard of Performance for Existing Fabric, Vinyl and Paper Surface 
Coating Operations, submitted on November 17, 1981, by the Kentucky 
Department for Natural Resources and Environmental Protection.
    (30) Jefferson County Set II VOC regulations for new/existing 
affected facilities, submitted on October 20, 1981, by the Kentucky 
Department for Natural Resources and Environmental Protection.
    (31) Miscellaneous non-Part D revisions, submitted on June 29, 1979, 
by the Kentucky Department for Natural Resources and Environmental 
Protection.
    (32) Revision to the State Implementation Plan for a bubble action 
at Borden Chemical Co., Jefferson County, Kentucky, received by EPA from 
the Kentucky Department for Natural Resources and Environmental 
Protection on March 5, 1982.
    (33) Addition of Kentucky Regulation 401 KAR 61:165, section 5, 
Particulate Standard for Existing Primary Aluminum Reduction Plants, 
submitted on March 4, 1982, by the Kentucky Department for Natural 
Resources and Environmental Protection.
    (34) [Reserved]
    (35) Corrections in 1979 Part D revisions for sulfur dioxide 
nonattainment area (Boyd County), submitted on September 24, 1982, by 
the Kentucky Natural Resources and Environmental Protection Cabinet.
    (36) Variance for seven per-chloroethylene dry cleaners, submitted 
on August 4, 1982, by the Kentucky Department for Environmental 
Protection.
    (37) Variances for two dry cleaners, submitted on January 27, 1983, 
by the Kentucky Department for Environmental Protection.
    (38) Revised SO2 limit for large coal-fired boilers in 
Pulaski County, submitted on June 29, 1979, by the Kentucky Department 
for Natural Resources and Environmental Protection.
    (39)-(40) [Reserved]
    (41) Revisions to Appendix N, submitted July 19, 1982 and March 21, 
1983, by the Kentucky Department for Environmental Protection.
    (42) Regulation 401 KAR 61:070, Existing Ferroally Production 
Facilities, for the Marshall County Part D TSP area, submitted on June 
29, 1979, by the Kentucky Department for Environmental Protection.
    (43) 1982 revisions to the Part D plan for the Jefferson County 
ozone and carbon monoxide nonattainment area, submitted by the Kentucky 
Natural Resources and Environmental Protection Cabinet on February 9, 
June 15, September 12, November 21, and December 9, 1983.
    (44) Variances for two dry cleaners, Jiffy The Cleaners and Hiland 
Cleaners, submitted on April 25, 1984, by the Kentucky Natural Resources 
Environmental Protection Cabinet.
    (45) Corrections in the Part D TSP SIP and other revisions submitted 
on December 9, 1982, and May 1, 1984, by the Kentucky Department for 
Environmental Protection.
    (i) Incorporation by reference. (A) Revisions in regulations 401 
KAR--

50:010, Definitions and Abbreviations;
50:055, General Compliance Requirements;
61:005, General Provisions;
61:015, Existing Indirect Heat Exchangers;
61:075, Steel Plants and Foundries Using Existing Electric Arc Furnaces;
61:080, Steel Plants Using Existing Basic Oxygen Process Furnaces;
61:140, Existing By-Product Coke Manufacturing Plants; and
61:170, Existing Blast Furnace Casthouses.


The changes in these regulations were effective September 22, 1982 
(50:055), December 1, 1982 (50:010, 61:005, 61:015, 61:075, and 61:140), 
and April 1, 1984 (61:080 and 61:170). No action is taken on the 
definition of ``volatile organic compounds''in 401 KAR 50:010.
    (ii) Other material. None.

[[Page 813]]

    (46) Kentucky regulation 401 KAR 51:017, Prevention of significant 
deterioration of air quality, and Kentucky's State Implementation Plan 
Revision for the Protection of Visibility for the Commonwealth of 
Kentucky pursuant to 40 CFR part 51, subpart P, submitted on February 
20, 1986, by the Kentucky Natural Resources and Environmental Protection 
Cabinet.
    (i) Incorporation by reference. (A) Kentucky regulation 401 KAR 
51:017, Prevention of significant deterioration of air quality, which 
became State-effective on February 4, 1986.
    (ii) Other material. (A) Kentucky's State Implementation Revision 
for the Protection of Visibility for the Commonwealth of Kentucky, 
pursuant to 40 CFR part 51, subpart P, which became State-effective on 
February 4, 1986.
    (47) Stack height regulations were submitted to EPA on July 15, 
1986, by the Kentucky Natural Resources and Environmental Protection 
Cabinet.
    (i) Incorporation by reference. (A) Regulation 401 KAR 50:042, which 
became effective on June 10, 1986.
    (ii) Other material--none.
    (48) Revisions to the I/M portions of the carbon monoxide and ozone 
Part D plans for Jefferson County, submitted by the Kentucky Natural 
Resources and Environmental Protection Cabinet on February 18, 1986.
    (i) Incorporation by reference. (A) A revised Regulation 8, Vehicle 
Exhaust Testing Requirements of the rules of the Air Pollution Control 
District of Jefferson County which was adopted on September 18, 1985.
    (ii) Other materials--none.
    (49) A revision to the Kentucky SIP for Tennessee Valley Authority 
Paradise Steam Plant pursuant to the procedures specified in Kentucky 
regulation 401 KAR 61:015, section 3 was submitted on June 29, 1987, by 
the Kentucky Natural Resources and Environmental Protection Cabinet. The 
revised SO2 limits are contained in Permit Number 0-87-012, 
issued on June 29, 1987.
    (i) Incorporation by reference. (A) Permit Number 0-87-012, issued 
by the Kentucky Natural Resources and Protection Cabinet on June 29, 
1987.
    (ii) Other material.
    (A) Letter of June 27, 1987 from the Kentucky Natural Resources and 
Environmental Protection Cabinet.
    (50) A revision in Kentucky regulation 401 KAR 61:140, Existing by-
product coke manufacturing plants, submitted on September 19, 1986, by 
the Kentucky Natural Resources and Environmental Protection Cabinet.
    (i) Incorporation by reference. (A) A revision to Division of Air 
Pollution regulation 401 Kentucky Administrative Regulations (KAR) 
61:140, Existing by-product coke manufacturing plants, which became 
effective on September 4, 1986.
    (B) Letter of September 19, 1986 from the Commonwealth of Kentucky 
to EPA.
    (51) Revisions to the I/M portions of the carbon monoxide and ozone 
Part D plans for Jefferson County, submitted by the Kentucky Natural 
Resources and Environmental Protection Cabinet on March 20, 1987.
    (i) Incorporation by reference. (A) A revised Regulation 8, Vehicle 
Exhaust Testing Requirements; of the rules of the Air Pollution Control 
District of Jefferson County which was adopted on December 17, 1986.
    (B) March 2, 1987 letter to EPA from Jefferson County.
    (ii) Additional materials. None.
    (52) Kentucky Plan for the ``Protection of Visibility in Class I 
Areas (PART II)'' submitted to EPA on August 31, 1987, by the Kentucky 
Department for Environmental Protection (KDEP) to satisfy the Part 2 
visibility requirements.
    (i) Incorporation by reference. (A) June 8, 1988, letter from the 
Kentucky Natural Resources and Environmental Protection Cabinet, October 
9, 1987, clarification letter from the Kentucky Natural Resources and 
Environmental Protection Cabinet, and page 8 of the Kentucky plan for 
the protection of visibility in Class I areas (PART II) containing the 
periodic review requirements satisfying 40 CFR 51.306(c), adopted on 
August 31, 1987.
    (ii) Additional material. (A) Narrative entitled ``The Kentucky Plan 
for the Protection of Visibility in Class I Areas (PART II).''

[[Page 814]]

    (53) Revisions to Kentucky regulation 401 KAR 50:015, Documents 
incorporated by reference, submitted by the Kentucky Natural Resources 
and Environmental Protection Cabinet on March 23, 1987.
    (i) Incorporation by reference. (A) Revisions to Kentucky regulation 
401 KAR 50:015, Documents incorporated by reference which became State-
effective on February 10, 1987.
    (B) Letter of March 23, 1987, from the Kentucky Natural Resources 
and Environmental Protection Cabinet transmitting the foregoing 
revisions.
    (ii) Additional material. None.
    (54) An opacity variance for boiler Units 1 and 2 of Tennessee 
Valley Authority's (TVA's) Paradise Steam Plant, submitted on August 6, 
1986, by the Kentucky Natural Resources and Environmental Protection 
Cabinet.
    (i) Incorporation by reference. (A) Permit No. 0-86-75, for the TVA 
Paradise Steam Plant, issued by the Kentucky Natural Resources and 
Environmental Protection Cabinet on July 24, 1986.
    (B) Letter of August 6, 1986, from the Kentucky Natural Resources 
and Environmental Protection Cabinet.
    (ii) Other material--none.
    (55) Revisions to Jefferson County, Kentucky Regulation 2.08, Permit 
Fees and Renewal, submitted on March 20, 1987, by the Kentucky Natural 
Resources and Environmental Protection Cabinet.
    (i) Incorporation by reference. (A) Revisions to Jefferson County, 
Kentucky Regulation 2.08, Permit Fees and Renewal, which became State-
effective on December 17, 1986.
    (B) Letter of March 20, 1987, from the Kentucky Natural Resources 
and Environmental Protection Cabinet.
    (ii) Other material--none.
    (56) A revision to Kentucky Regulation 401 KAR 51:017, Prevention of 
Significant Deterioration of Air Quality, submitted on February 9, 1988, 
by the Kentucky Natural Resources and Environmental Protection Cabinet. 
The revision to section 12(1)(e) replaces the reference to Regulation 
401 KAR 51:052 with a reference to 40 CFR part 51, Appendix S, section 
IV. This revision became State-effective on December 11, 1987.
    (i) Incorporation by reference. (A) Kentucky Regulation 401 KAR 
51:017, Prevention of Significant Deterioration of Air Quality, section 
12(1)(e), which became State-effective on December 11, 1987.
    (ii) Other material.
    (A) Letter of February 9, 1988, from the Kentucky Natural Resources 
and Environmental Protection Cabinet.
    (57) Jefferson County Air Pollution Control District Regulation 6.38 
was submitted to EPA on March 20, 1987 by the Kentucky Natural Resources 
and Environmental Protection Cabinet.
    (i) Incorporation by reference. (A) Jefferson County Air Pollution 
Control District Regulation 6.38, ``Standards of performance for 
existing air oxidation processes in the synthetic organic chemical 
manufacturing industry'', which became effective December 17, 1986.
    (B) Letter of March 20, 1987, from the Kentucky Natural Resources 
and Environmental Protection Cabinet.
    (ii) Other materials--none.
    (58) Jefferson County Air Pollution Control District Regulation 6.39 
was submitted to EPA on March 20, 1987, by the Kentucky Natural 
Resources and Environmental Protection Cabinet.
    (i) Incorporation by reference. (A) Jefferson County Air Pollution 
Control District Regulation 6.39, ``Standard of performance for 
equipment leaks of volatile organic compounds in existing synthetic 
organic chemical and polymer manufacturing plants'', which became 
effective December 17, 1986.
    (B) March 20, 1987, letter from the Kentucky Natural Resources and 
Environmental Protection Cabinet.
    (ii) Other materials--none.
    (59) Revision to Jefferson County Regulations 3.05, Methods of 
Measurement submitted on January 19, 1989, by the Kentucky Natural 
Resources and Environmental Protection Cabinet.
    (i) Incorporation by reference. (A) Revisions to the Jefferson 
County Regulations, 3.05. Methods of Measurement.
    This revision became State-effective April 20, 1988.
    (ii) Other material.
    (A) Letter of January 19, 1989, from the Kentucky Natural Resources 
and Environmental Protection Cabinet.

[[Page 815]]

    (60) Corrections in Part D TSP SIP and other revisions submitted on 
September 19, 1986, by the Kentucky Department for Environmental 
Protection. The removal of these last two conditions renders the 
Kentucky's Part D SIP for TSP fully approved.
    (i) Incorporation by reference. (A) Revisions in Regulation 401 
KAR--

    50:015. Documents Incorporated by Reference.

Section 1. Code of Federal Regulations,
Section 3. American Society for Testing and Materials,
Section 8. Kentucky Division of Air Pollution,
Section 10. American Public Health Association, and
Section 11. Availability.

    59:010. New process operations.

Section 1. Applicability,
Section 2. Definitions,
Section 3. Standard for Particulate Matter, and
Section 4. Test Methods and Procedures.

    61:020. Existing process operations.

Section 1. Applicability
Section 2. Definitions;
Section 3. Standard for Particulate Matter, and
Section 4. Test Methods and Procedures.

    These changes were effective September 4, 1986.

    (B) Letter of September 19, 1986, from the Kentucky Natural 
Resources and Environmental Protection Cabinet to EPA.
    (ii) Other material--none.
    (61) Revisions in Regulations 5.01, 6.12, 6.19, 6.22, 6.29, 6.30, 
6.31, 6.32, 6.33, 6.34, and 6.35 of the Jefferson County portion of 
Kentucky's SIP were submitted on January 19, 1989, by Kentucky's Natural 
Resources Division and Environmental Protection Cabinet.
    (i) Incorporation by reference. (A) Amendments to the Jefferson 
County Regulations 5.01, 6.12, 6.19, 6.22, 6.29, 6.30, 6.31, 6.32, 6.33, 
6.34, and 6.35 adopted on April 20, 1988.
    (B) Letter of January 19, 1989, from Kentucky's Natural Resources 
and Environmental Protection Cabinet.
    (ii) Other materials-none.
    (62) Revision to Kentucky Regulation 401 KAR 50:015, Documents 
incorporated by reference submitted on February 9, 1989, by the Kentucky 
Natural Resources and Environmental Protection Cabinet. Section 5(1)(a) 
was amended to incorporate by reference Supplement A to the Guideline on 
Air Quality Models (Revised), July 1987. Supplement A became effective 
February 5, 1988. Section 12(4) was amended to reflect the current phone 
number for the Florence Regional Office. The revisions to 50:015 became 
state effective October 26, 1988.
    (i) Incorporation by reference. (A) Kentucky Regulation 401 KAR 
50:015, Documents incorporated by reference, Section 12(4) was amended 
on October 26, 1988.
    (B) Supplement A to the Guideline on Air Quality Models EPA-450/2-
78-027R that became effective February 5, 1988.
    (ii) Other material. (A) Letter of February 9, 1989, from the 
Kentucky Natural Resources and Environmental Protection Cabinet.
    (63) Revisions to Kentucky Regulations 401 KAR 50:010, Definitions 
and abbreviations and 401 KAR 51:017, Prevention of Significant 
Deterioration of Air Quality, submitted on December 29, 1986, by the 
Kentucky Natural Resources and Environmental Protection Cabinet.
    (i) Incorporation by reference. (A) Revisions in Kentucky 
Regulations are as follows. 401 KAR 50:010, Definitions and 
abbreviations section 1(49), and 401 KAR 51:017 Prevention of 
Significant Deterioration of Air Quality, Section 8(3). These revisions 
were state effective December 2, 1986.
    (ii) Other material. (A) Letter of February 9, 1988, from the 
Kentucky Natural Resources and Environmental Protection Cabinet.
    (64) Revisions to Jefferson County Regulation 4, Emergency Episode 
submitted on January 19, 1989 and July 12, 1989, by the Kentucky Natural 
Resources and Environmental Protection Cabinet.
    (i) Incorporation by reference. (A) Revisions to the following 
Jefferson County Regulation.
    (1) Regulation 4, except Regulation 4.02, effective February 16, 
1983.
    (2) Regulation 4.02 Episode Criteria effective April 20, 1988.
    (ii) Other material.
    (A) Letters of January 19, 1989 and July 12, 1989, from the Kentucky 
Natural Resources and Environmental Protection Cabinet.

[[Page 816]]

    (65) Addition of Jefferson County Regulation 2.05, Prevention of 
Significant Deterioration of Air Quality, submitted on August 2, 1989, 
by the Kentucky Natural Resources and Environmental Protection Cabinet.
    (i) Incorporation by reference. (A) Jefferson County Regulation 
2.05, Prevention of Significant Deterioration of Air Quality. This 
regulation became effective April 19, 1989.
    (ii) Other material.
    (A) August 2, 1989, letter from the Natural Resources and 
Environmental Protection Cabinet.
    (66) On July 7, 1988, revisions to Kentucky's State Implementation 
Plan for PM10 were submitted by the Kentucky Natural 
Resources and Environmental Protection Cabinet. The submittal included a 
committal SIP. EPA is taking no action on 401 KAR 51:052, Review of new 
sources in or impacting upon non-attainment areas.
    (i) Incorporation by reference. (A) The following revisions to 401 
KAR were effective April 14, 1988:
    (1) 50:010. Definitions and abbreviations: Section 1. Definitions 
and section 2. Abbreviations.
    (2) 50:015. Documents incorporated by reference: Sections 1, 3, and 
11.
    (3) 50:035. Permits.
    (4) 51:010. Attainment status designations: Section 1(1) and 
Appendices A and B.
    (5) 51:017. Prevention of significant deterioration of air quality: 
Section 8(4) (e) and (f), section 8(9), section 12(1) (f) and (g), and 
Appendices A, B, C, and D.
    (6) 53:005. General provisions: Section 3(2).
    (7) 53:010. Ambient air quality standards: Appendix A.
    (8) 55:005. Significant harm criteria.
    (9) 55:010. Episode criteria: Headings and Appendix A.
    (10) 59:010. New process operations: Section 3(1) (b) and (c).
    (11) 61:020. Existing process operations: Section 3(1)(b).
    (12) 61:170. Existing blast furnace casthouses: Necessity and 
function paragraph and section 2(3).
    (ii) Other material.
    (A) Letter of December 7, 1987, from the Kentucky Natural Resources 
and Environmental Protection Cabinet.
    (B) Letter of July 7, 1988, from the Kentucky Natural Resources and 
Environmental Protection Cabinet.
    (C) Letter of January 23, 1989, from the Kentucky Natural Resources 
and Environmental Protection Cabinet.
    (67) Operating permits for nine presses at the Alcan Foil Products 
facility located in Louisville were submitted to EPA on July 28, 1989 by 
the Commonwealth of Kentucky.
    (i) Incorporation by reference. (A) Alcan Foil Products operating 
permit numbers 103-74, 104-74, 105-74, 106-74, 110-74, and 111-74 which 
became State-effective on February 28, 1990.
    (ii) Other material.
    (A) Letter of July 28, 1989, from the Commonwealth of Kentucky 
Natural Resources and Environmental Protection Cabinet.
    (68) Revisions to the Commonwealth of Kentucky State Implementation 
Plan (SIP) concerning Jefferson County Volatile Organic Compounds were 
submitted on February 12, 1992 by the Kentucky Natural Resources and 
Environmental Protection Cabinet.
    (i) Incorporation by reference. (A) Revisions to the following 
Jefferson County Regulations were effective May 15, 1991.
    (1) Regulation 1.02 Definitions: (45), (61), (62), and (91).
    (2) Regulation 1.08 Administrative Procedures: Subsections 1.1.1, 
1.1.3, 2.2.7, 2.3, and 2.5, Section 3.0 closing paragraph, and 
Subsections 4.6, 8.1 and 8.4.
    (3) Regulation 6.12 Standard of Performance for Existing Asphalt 
Paving Operations: Sections 1.0 and 5.0.
    (4) Regulation 6.13 Standard of Performance for Existing Storage 
Vessels for Volatile Organic Compounds.
    (5) Regulation 6.16 Standard of Performance for Existing Large 
Appliance Surface Coating Operations.
    (6) Regulation 6.18 Standards of Performance for Existing Solvent 
Metal Cleaning Equipment.
    (7) Regulation 6.19 Standard of Performance for Existing Metal 
Furniture Surface Coating Operations.
    (8) Regulation 6.23 Standard of Performance for Existing Dry 
Cleaning Facilities: Section 1.0 and Subsection 4.3.

[[Page 817]]

    (9) Regulation 6.29 Standard of Performance for Existing Graphic 
Arts Facilities Using Rotogravure and Flexography.
    (10) Regulation 6.30 Standard of Performance for Existing Factory 
Surface Coating Operations of Flat Wood Paneling.
    (11) Regulation 6.31 Standard of Performance for Existing 
Miscellaneous Metal Parts and Products Surface Coating Operations.
    (12) Regulation 6.32 Standard of Performance for Leaks from Existing 
Petroleum Refinery Equipment.
    (13) Regulation 6.33 Standard of Performance for Existing 
Synthesized Pharmaceutical Product Manufacturing Operations.
    (14) Regulation 6.34 Standard of Performance for Existing Pneumatic 
Rubber Tire Manufacturing Plants.
    (15) Regulation 6.35 Standard of Performance for Existing Fabric, 
Vinyl and Paper Surface Coating Operations.
    (16) Regulation 7.11 Standard of Performance for New Asphalt Paving 
Operations: Sections 1.0, 6.0, and 7.0.
    (17) Regulation 7.12 Standard of Performance for New Storage Vessels 
for Volatile Organic Compounds: Section 1.0, Subsections 2.10, 5.3.2, 
5.3.3, and 5.4, and Section 8.0.
    (18) Regulation 7.16 Standard of Performance for New Large Appliance 
Surface Coating Operations: Section 1.0, Subsections 2.3, 4.2, 4.4, 5.3 
and 5.4, and Sections 6.0 and 7.0.
    (19) Regulation 7.18 Standards of Performance for New Solvent Metal 
Cleaning Equipment: Section 1.0 and Subsection 2.4.
    (20) Regulation 7.19 Standard of Performance for New Metal Furniture 
Surface Coating Operations: Section 1.0, Subsections 2.3, 4.3, 4.5.1, 
5.2, and Sections 6.0 and 7.0.
    (21) Regulation 7.23 Standard of Performance for New 
Perchloroethylene Dry Cleaning Facilities: Section 1.0 and Subsection 
4.5.
    (22) Regulation 7.52 Standard of Performance for New Fabric, Vinyl, 
and Paper Surface Coating Operations: Section 1.0, Subsections 2.3, 
2.12, 4.1, 4.3, 4.5.1, and 5.3, and Section 6.0.
    (23) Regulation 7.56 Standard of Performance for Leaks from New 
Petroleum Refinery Equipment: Subsection 2.4 and 2.6, and Section 7.0.
    (24) Regulation 7.57 Standard of Performance for New Graphic Arts 
Facilities Using Rotogravure and Flexography: Section 1.0, Subsections 
2.8, 4.2, 4.4.1, and 5.2, and Sections 6.0, 7.0, and 8.0.
    (25) Regulation 7.58 Standard of Performance for New Factory Surface 
Coating Operations of Flat Wood Paneling: Section 1.0, Subsection 2.5, 
4.4.1, and 5.4, and Section 6.0.
    (26) Regulation 7.59 Standard of Performance for New Miscellaneous 
Metal Parts and Products Surface Coating Operations: Section 1.0, 
Subsections 2.2, 2.4, 2.5, 2.8.7, 4.3, 4.5.1, 5.1.1, 5.1.2, 5.1.4, 5.2, 
and 5.4, and Sections 6.0 and 7.0.
    (27) Regulation 7.60 Standard of Performance for New Synthesized 
Pharmaceutical Product Manufacturing Operations: Section 1.0 and Section 
2.0.
    (28) Regulation 7.61 Standard of Performance for New Pneumatic 
Rubber Tire Manufacturing Plants: Section 1.0, Subsections 2.2, 2.3, 
2.4, 2.5, 2.6, and 2.7, and Section 3.0.
    (ii) Other material.
    (A) Letter dated February 12, 1992, from the Commonwealth of 
Kentucky Natural Resources and Environmental Protection Cabinet.
    (69) Revisions to the Commonwealth of Kentucky State Implementation 
Plan (SIP) concerning the Commonwealth and Jefferson County, Kentucky 
for Volatile Organic Compounds were submitted on October 20, 1992, 
February 17, 1993, and March 4, 1993, by the Kentucky Natural Resources 
and Environmental Protection Cabinet.
    (i) Incorporation by reference. (A) Revisions to the following 
Jefferson County Regulations were effective November 18, 1992.
    (1) Regulation 1.05. Compliance with Emission Standards and 
Maintenance Requirements.
    (2) Regulation 1.06. Source Self-Monitoring and Reporting.
    (3) Regulation 6.17. Standard of Performance for Existing Automobile 
and Truck Surface Coating Operations.
    (4) Regulation 6.36. Standard of Performance for Existing Metal 
Parts and Products Surface Coating Operations

[[Page 818]]

at Heavy Duty Truck Manufacturing Plants.
    (B) Revisions to the following Commonwealth of Kentucky Regulations 
were effective June 24, 1992.
    (1) Regulation 401 KAR 50:010. Definitions and abbreviations of 
terms used in Title 401, Chapters 50, 51, 53, 55, 57, 59, 61, 63, and 
65.
    (2) Regulation 401 KAR 50:012. General application.
    (3) Regulation 401 KAR 50:047. Test procedures for capture 
efficiency.
    (4) Regulation 401 KAR 51:001. Definitions and abbreviations of 
terms used in Title 401, Chapter 51.
    (5) Regulation 401 KAR 59:001. Definitions and abbreviations of 
terms used in Title 401, Chapter 59.
    (6) Regulation 401 KAR 59:185. New solvent metal cleaning equipment.
    (7) Regulation 401 KAR 59:190. New insulation of magnet wire 
operations.
    (8) Regulation 401 KAR 59:210. New fabric, vinyl and paper surface 
coating operations.
    (9) Regulation 401 KAR 59:212. New graphic arts facilities using 
rotogravure and flexography.
    (10) Regulation 401 KAR 59:214. New factory surface coating 
operations of flat wood paneling.
    (11) Regulation 401 KAR 59:225. New miscellaneous metal parts and 
products surface coating operations.
    (12) Regulation 401 KAR 59:230. New synthesized pharmaceutical 
product manufacturing operations.
    (13) Regulation 401 KAR 59:240. New perchloroethylene dry cleaning 
systems.
    (14) Regulation 401 KAR 61:001. Definitions and abbreviations of 
terms used in Title 401, Chapter 61.
    (15) Regulation 401 KAR 61:050. Existing storage vessels for 
petroleum liquids.
    (16) Regulation 401 KAR 61:090. Existing automobile and light-duty 
truck surface coating operations.
    (17) Regulation 401 KAR 61:095. Existing solvent metal cleaning 
equipment.
    (18) Regulation 401 KAR 61:100. Existing insulation of magnet wire 
operations.
    (19) Regulation 401 KAR 61:105. Existing metal furniture surface 
coating operations.
    (20) Regulation 401 KAR 61:110. Existing large appliance surface 
coating operations.
    (21) Regulation 401 KAR 61:120. Existing fabric, vinyl and paper 
surface coating operations.
    (22) Regulation 401 KAR 61:124. Existing factory surface coating 
operations of flat wood paneling.
    (23) Regulation 401 KAR 61:125. Existing can surface coating 
operations.
    (24) Regulation 401 KAR 61:130. Existing coil surface coating 
operations.
    (25) Regulation 401 KAR 61:132. Existing miscellaneous metal parts 
and products surface coating operations.
    (26) Regulation 401 KAR 61:137. Leaks from existing petroleum 
refinery equipment.
    (27) Regulation 401 KAR 61:150. Existing synthesized pharmaceutical 
product manufacturing operations.
    (28) Regulation 401 KAR 61:155. Existing pneumatic rubber tire 
manufacturing plants.
    (29) Regulation 401 KAR 61:160. Existing perchloroethylene dry 
cleaning systems.
    (30) Regulation 401 KAR 61:175. Leaks from existing synthetic 
organic chemical and polymer manufacturing equipment.
    (31) Regulation 401 KAR 63:001. Definitions and abbreviations of 
terms used in Title 401, Chapter 63.
    (32) Regulation 401 KAR 63:025. Asphalt paving operations.
    (C) Kentucky Regulation 401 KAR 59:315, Specific New Sources, 
effective June 24, 1992.
    (D) Revisions to following Kentucky Regulations were effective 
February 8, 1993.
    (1) Regulation 401 KAR 51:010. Attainment Status Designations.
    (2) Regulation 401 KAR 59:175. New service stations.
    (3) Regulation 401 KAR 61:085. Existing service stations.
    (4) Regulation 401 KAR 63:031. Leaks from Gasoline Tanks.
    (ii) Other material. None.
    (70) The maintenance plan for the Owensboro and Edmonson County 
Areas which include Daviess, a portion of Hancock, and Edmonson Counties 
submitted by the Commonwealth of

[[Page 819]]

Kentucky Natural Resources and Environmental Protection Cabinet on 
November 13, 1992, November 24, 1992, March 10, 1993, July 16, 1993, 
March 3, 1994, and August 29, 1994, as part of the Kentucky SIP. The 
1990 Baseline Emission Inventory for the Owensboro and Edmonson County 
areas which include Daviess, a portion of Hancock, and Edmonson 
Counties.
    (i) Incorporation by reference. (A) Commonwealth of Kentucky 
Attainment Demonstration and Ten Year Maintenance Plan for All Areas 
Designated Marginal Nonattainment for Ozone. The effective date is 
December 28, 1992.
    (B) Attachment A--Demonstration of Permanent and Enforceable 
Reductions and Calculations of Interim Year Emission Projections. The 
effective date is August 26, 1994.
    (C) Attachment B--VOC Emissions Summary for Kentucky's Marginal 
Ozone Nonattainment Areas. The effective date is August 26, 1994.
    (D) Attachment C--CO Emissions Summary for Kentucky's Marginal Ozone 
Nonattainment Areas. The effective date is August 26, 1994.
    (E) Attachment D--NOX Emissions Summary for Kentucky's 
Marginal Ozone Nonattainment Areas. The effective date is August 26, 
1994.
    (F) Table 6-12 Biogenic Emissions Hancock County, Kentucky. The 
effective date is December 28, 1992.
    (G) Table 6-11 Biogenic Emissions Daviess County, Kentucky. The 
effective date is December 28, 1992.
    (H) Table 6-1. Biogenic Emissions Edmonson County, Kentucky. The 
effective date is December 28, 1992.
    (ii) Other material.
    (A) February 28, 1994, letter from John E. Hornback, Director, 
Division for Air Quality to Mr. Doug Neeley, Chief, Air Programs Branch.
    (B) October 4, 1994, letter from Phillip J. Shepherd, Secretary, 
Natural Resources and Environmental Protection Cabinet to John H. 
Hankinson, Regional Administrator, USEPA Region IV.
    (71) The Commonwealth of Kentucky, Natural Resources and 
Environmental Protection Cabinet submitted revisions to the Kentucky 
State Implementation Plan on January 15, 1993 These revisions address 
the requirements of section 507 of title V of the CAA and establish the 
Small Business Stationary Source Technical and Environmental Assistance 
Program (PROGRAM).
    (i) Incorporation by reference. (A) Revision to the Kentucky State 
Implementation Plan to incorporate document titled ``Kentucky Small 
Business Stationary Source Technical Environmental Assistance Program'' 
which was approved by the Kentucky Natural Resources and Environmental 
Protection Cabinet effective on July 15, 1993.
    (ii) Additional material. None.
    (72) Modifications to the existing basic I/M program in Jefferson 
County to implement an anti-tampering check, pressure testing of the 
evaporative control system, and testing of commuter vehicles submitted 
by the Commonwealth of Kentucky on November 12, 1993.
    (i) Incorporation by reference. Regulation 8.01 and 8.02, adopted on 
February 17, 1993, and Regulation 8.03 adopted on February 17, 1993.
    (ii) Other material. None.
    (73) The maintenance plan for the Paducah area which include 
Livingston and Marshall Counties submitted by the Commonwealth of 
Kentucky Natural Resources and Environmental Protection Cabinet on 
November 13, 1992, November 24, 1992, March 10, 1993, July 16, 1993, 
March 3, 1994, and August 29, 1994, as part of the Kentucky SIP. The 
1990 Baseline Emission Inventory for the Paducah area which include 
Livingston and Marshall Counties.
    (i) Incorporation by reference. (A) Commonwealth of Kentucky 
Attainment Demonstration and Ten Year Maintenance Plan for all areas 
designated Marginal Nonattainment for Ozone. The effective date is 
January 15, 1993.
    (B) Table 6-13 Biogenic Emissions, Livingston County, Kentucky. The 
effective date is January 15, 1993.
    (C) Table 6-14 Biogenic Emissions, Marshall County, Kentucky. The 
effective date is January 15, 1993.
    (ii) Other material.
    (A) January 15, 1993, letter from Phillip J. Shepherd, Secretary, 
Natural Resources and Environmental Protection

[[Page 820]]

Cabinet to Patrick Tobin, Acting Regional Administrator, U.S. EPA Region 
IV.
    (B) February 28, 1994, letter from John E. Hornback, Director, 
Division for Air Quality to Mr. Doug Neeley, Chief, Air Programs Branch.
    (C) October 4, 1994, letter from Phillip J. Shepherd, Secretary, 
Natural Resources and Environmental Protection Cabinet to John H. 
Hankinson, Regional Administrator, U.S. EPA Region IV.
    (74)-(75) [Reserved]
    (76) The maintenance plan and for the Lexington area which include 
Fayette and Scott Counties submitted by the Commonwealth of Kentucky 
Natural Resources and Environmental Protection Cabinet on November 13, 
1992, November 24, 1992, March 10, 1993, July 16, 1993, March 3, 1994, 
and August 29, 1994, September 28, 1994 and June 14, 1995, as part of 
the Kentucky SIP. The 1990 Baseline Emission Inventory for the Lexington 
area which include Fayette and Scott Counties.
    (i) Incorporation by reference. (A) Commonwealth of Kentucky 
Attainment Demonstration and Ten Year Maintenance Plan for all areas 
designated Marginal Nonattainment for Ozone. The effective date is 
January 15, 1993.
    (B) Table 6-6 Biogenic Emissions Fayette County, Kentucky. The 
effective date is January 15, 1993.
    (C) Table 6-7 Biogenic Emissions, Scott, Kentucky. The effective 
date is January 15, 1993.
    (ii) Other material.
    (A) February 28, 1994, letter from John E. Hornback, Director, 
Division for Air Quality to Mr. Doug Neeley, Chief, Air Programs Branch.
    (B) October 4, 1994, letter from Phillip J. Shepherd, Secretary, 
Natural Resources and Environmental Protection Cabinet to John H. 
Hankinson, Regional Administrator, U.S. EPA Region 4.
    (C) January 15, 1993, letter from Phillip J. Shepherd, Secretary, 
Natural Resources and Environmental Protection Cabinet to Patrick M. 
Tobin, Acting Regional Administrator, U.S. EPA Region 4.
    (77) Revisions to the Commonwealth of Kentucky State Implementation 
Plan (SIP) concerning emission statements were submitted on December 29, 
1994, by the Kentucky Natural Resources and Environmental Protection 
Cabinet.
    (i) Incorporation by reference. (A) Regulation 401 KAR 50:035 
Permits. Section 1, Section 2(1) and Section 10. Regulation became 
effective September 28, 1994.
    (ii) None.
    (78) Operating Permit requiring VOC RACT for Calgon Corporation in 
the Kentucky portion of the Ashland/Huntington ozone nonattainment area, 
submitted November 11, 1994.
    (i) Incorporation by reference. Natural Resources and Environmental 
Protection Cabinet; Kentucky Department for Environmental Protection; 
Division for Air Quality; Permit 0-94-020; Calgon Carbon Corporation, 
effective on November 17, 1994.
    (ii) Other material. Letter of November 23, 1994, from the 
Commonwealth of Kentucky Natural Resources and Environmental Protection 
Cabinet.
    (79) Revisions to the Commonwealth of Kentucky State Implementation 
Plan (SIP) regarding the definition of volatile organic compound (VOC) 
submitted on January 27, 1995.
    (i) Incorporation by reference. (A) 401 KAR 50:010. Definitions and 
abbreviations of terms used in 401 KAR Chapters 50, 51, 53, 55, 57, 59, 
61, 63, and 65, effective April 6, 1995.
    (B) 401 KAR 51:001. Definitions and abbreviations of terms used in 
401 KAR Chapter 51, effective April 6, 1995.
    (C) 401 KAR 59:001. Definitions and abbreviations of terms used in 
401 KAR Chapter 59, effective April 6, 1995.
    (D) 401 KAR 61:001. Definitions and abbreviations of terms used in 
401 KAR Chapter 61, effective April 6, 1995.
    (E) 401 KAR 63:001. Definitions and abbreviations of terms used in 
401 KAR Chapter 63, effective April 6, 1995.
    (F) 401 KAR 65:001. Definitions and abbreviations of terms used in 
401 KAR Chapter 65, effective April 6, 1995.
    (ii) Other material.
    (A) May 4, 1995, letter from Phillip J. Shepherd, Secretary, Natural 
Resources and Environmental Protection Cabinet to John H. Hankinson, 
Regional Administrator, U.S. EPA, Region IV.

[[Page 821]]

    (80) The maintenance plan for the Ashland-Huntington area which 
includes Boyd and a portion of Greenup Counties was submitted by the 
Commonwealth of Kentucky Natural Resources and Environmental Protection 
Cabinet on November 13 and May 24, 1995, as part of the Kentucky SIP. 
The 1990 Baseline Emission Inventory for the Ashland-Huntington area 
which includes Boyd and a portion of Greenup Counties which was 
submitted on November 13, 1992.
    (i) Incorporation by reference. (A) Kentucky Natural Resources and 
Environmental Protection Cabinet Request to Redesignate the Huntington/
Ashland Moderate Ozone Nonattainment Area, Maintenance Plan, effective 
May 24, 1995.
    (B) Appendix F Kentucky Projected Emissions Summary: VOC, CO, and 
NOX, effective May 24, 1995.
    (C) Table 6-1 Summary of Biogenic Emissions Huntington-Ashland MSA, 
effective May 24, 1995.
    (ii) Other material.
    (A) May 24, 1995, letter from Phillip J. Shepherd, Secretary, 
Natural Resources and Environmental Protection Cabinet to John H. 
Hankinson, Regional Administrator, USEPA Region 4.
    (81) Revisions to air permit rules submitted by the Kentucky Natural 
Resources and Environmental Protection Cabinet on December 29, 1994.
    (i) Incorporation by reference. Revised Rule 401 KAR 50:035, 
``Permits'', Sections 1 through 7, effective September 28, 1994.
    (ii) Other material. None.
    (82) Revision to the Kentucky State Implementation Plan; Regulation 
6.40 of the Air Pollution Control District of Jefferson County which was 
submitted to EPA on March 4, 1993.
    (i) Incorporation by reference.
    Regulation 6.40 Standards of Performance for Gasoline Transfer to 
Motor Vehicles (Stage II Vapor Recovery and Control) which were adopted 
on December 16, 1992.
    (ii) Other material. None.
    (83) Revisions to the Kentucky State Implementation Plan submitted 
by the Natural Resources and Environmental Protection Cabinet on June 
15, 1983.
    (i) Incorporation by reference. 401 KAR 50:025 Classification of 
Counties, and 401 KAR 61:015 Existing Indirect Heat Exchangers, 
effective June 1, 1983.
    (ii) Additional material.None.
    (84) Revisions to the Kentucky State Implementation Plan submitted 
by the Natural Resources and Environmental Protection Cabinet on 
December 29, 1994. The regulations being revised are 401 KAR 59:101 New 
Bulk Gasoline Plants and 401 KAR 61:056 Existing Bulk Gasoline Plants.
    (i) Incorporation by reference. Division for Air Quality regulations 
401 KAR 59:101 New bulk gasoline plants, and 401 KAR 61:056 Existing 
bulk gasoline plants, effective September 28, 1994.
    (ii) Additional material.None.
    (85) The Commonwealth of Kentucky submitted revisions to the 
Kentucky SIP on June 19, 1996. These revisions involve changes to 401 
KAR Chapters 50, 51, 59, 61, 63, and 65.
    (i) Incorporation by reference. 401 KAR Chapters 50:010(62), 
51.001(62), 59:001(63), 61:001(63), 63:001(62), and 65:001(31) of the 
Kentucky regulations effective on June 6, 1996.
    (ii) Other material. None.
    (86) Revision to the Kentucky State Implementation Plan submitted by 
the Natural Resources and Environmental Protection Cabinet on May 20, 
1997. The revision is for the Reynolds Metals Company.
    (i) Incorporation by reference. Air Pollution Control District of 
Jefferson County Permit numbers 103-74, 104-74, 105-74, 106-74, 110-74, 
and 111-74, effective April 16, 1997.
    (ii) Other material. None.
    (87) Revisions to the Kentucky State Implementation Plan submitted 
by the Natural Resources and Environmental Protection Cabinet on March 
21, 1997. The regulation being revised is 401 KAR 51:017 Prevention of 
significant deterioration of air quality.
    (i) Incorporation by reference. Division of Air Quality regulations 
401 KAR 51:017 Prevention of significant deterioration of air quality 
effective March 12, 1997.
    (ii) Other material. None.
    (88) Modifications to the existing basic I/M program in Jefferson 
County to implement loaded mode testing of

[[Page 822]]

vehicles submitted by the Commonwealth of Kentucky on November 10, 1997.
    (i) Incorporation by reference.
    Regulation 8.01 and 8.02, adopted on October 15, 1997.
    (ii) Other material. None.
    (89) Revisions to the Kentucky State Implementation Plan submitted 
by the Natural Resources and Environmental Protection Cabinet on 
December 19, 1997. The regulations being revised are 401 KAR 50:012 
General application and 401 KAR 51:010 Attainment status designations.
    (i) Incorporation by reference. Division of Air Quality regulations 
401 KAR 50:012 General application and 401 KAR 51:010 Attainment status 
designations are effective November 12, 1997.
    (ii) Other material. None.
    (90) [Reserved]
    (91) The maintenance plan for Edmonson County and Owensboro ozone 
area submitted by the Commonwealth of Kentucky through the Natural 
Resources and Environmental Protection Cabinet on April 16, 1998, as 
part of the Kentucky SIP.
    (i) Incorporation by reference. Mobile Emissions Budgets for 
Owensboro Area and Edmonson County Marginal Ozone Maintenance Areas: 
Introduction page and Tables 1 through 8 effective April 14, 1998.
    (ii) Other material. None.
    (92) Revisions to the Kentucky State Implementation Plan submitted 
by the Natural Resources and Environmental Protection Cabinet on 
February 3, 1998. The regulations being revised are 401 KAR 59:174 Stage 
II control at gasoline dispensing facilities, 401 KAR 63:005 Open 
burning, and 401 KAR 65:010 Vehicle emission control programs rules. 
Adoption of the Kentucky 15 Percent Plan, the I/M program and the 1990 
baseline emissions inventory.
    (i) Incorporation by reference. (A) Division of Air Quality 
regulations 401 KAR 59:174 Stage II control at gasoline dispensing 
facilities, 401 KAR 63:005 Open burning, and 401 KAR 65:010 Vehicle 
emission control programs rules are effective January 12, 1998.
    (B) Tables showing the Cincinnati 1990 Baseline Emissions Inventory, 
1990 Adjusted Baseline Inventory, and 1990 Rate of Progress Inventory, 
Summary of Biogenic Emissions and Anticipated Emissions after Plan 
Implementation which are effective September 11, 1998.
    (ii) Other material. None.
    (93) Modifications to the existing basic I/M program in Jefferson 
County to implement a check of a vehicle's On-Board Diagnostic system, 
for vehicles of model 1996 and newer that are so equipped, submitted by 
the Commonwealth of Kentucky on August 27, 1998.
    (i) Incorporation by reference. Regulation 8.02, adopted on July 15, 
1998.
    (ii) Other material. None.
    (94) [Reserved]
    (95) Revisions to the Jefferson County portion of the Kentucky State 
Implementation Plan submitted by the Kentucky Natural Resources and 
Environmental Protection Cabinet on November 10, 1998. The regulation 
being added is Regulation 2.17, Federally Enforceable District Origin 
Operating Permits.
    (i) Incorporation by reference. Air Pollution Control District of 
Jefferson County Regulation 2.17, Federally Enforceable District Origin 
Operating Permits effective June 21, 1995.
    (ii) Other material. None.

[37 FR 10868, Mar. 31, 1972. Redesignated at 64 FR 28750, May 27, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
52.939, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 52.940  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 and each unit located 
in the State of Kentucky and for which requirements are set forth under 
the TR NOX Annual Trading Program in subpart AAAAA of part 97 
of this chapter must comply with such requirements. The obligation to 
comply with such requirements will be eliminated by the promulgation of 
an approval by the Administrator of a revision to Kentucky's State 
Implementation Plan (SIP) as correcting the SIP's deficiency that is the 
basis for the TR Federal Implementation Plan under Sec. 52.38(a), 
except to the extent the Administrator's approval is partial or 
conditional.

[[Page 823]]

    (2) Notwithstanding the provisions of paragraph (a)(1) of this 
section, if, at the time of the approval of Kentucky's SIP revision 
described in paragraph (a)(1) of this section, the Administrator has 
already started recording any allocations of TR NOX Annual 
allowances under subpart AAAAA of part 97 of this chapter to units in 
the State for a control period in any year, the provisions of subpart 
AAAAA of part 97 of this chapter authorizing the Administrator to 
complete the allocation and recordation of TR NOX Annual 
allowances to units in the State for each such control period shall 
continue to apply, unless provided otherwise by such approval of the 
State's SIP revision.
    (b)(1) The owner and operator of each source and each unit located 
in the State of Kentucky and for which requirements are set forth under 
the TR NOX Ozone Season Trading Program in subpart BBBBB of 
part 97 of this chapter must comply with such requirements. The 
obligation to comply with such requirements will be eliminated by the 
promulgation of an approval by the Administrator of a revision to 
Kentucky's State Implementation Plan (SIP) as correcting the SIP's 
deficiency that is the basis for the TR Federal Implementation Plan 
under Sec. 52.38(b), except to the extent the Administrator's approval 
is partial or conditional.
    (2) Notwithstanding the provisions of paragraph (b)(1) of this 
section, if, at the time of the approval of Kentucky's SIP revision 
described in paragraph (b)(1) of this section, the Administrator has 
already started recording any allocations of TR NOX Ozone 
Season allowances under subpart BBBBB of part 97 of this chapter to 
units in the State for a control period in any year, the provisions of 
subpart BBBBB of part 97 of this chapter authorizing the Administrator 
to complete the allocation and recordation of TR NOX Ozone 
Season allowances to units in the State for each such control period 
shall continue to apply, unless provided otherwise by such approval of 
the State's SIP revision.

[76 FR 48365, Aug. 8, 2011]



Sec. 52.941  Interstate pollutant transport provisions; What are the FIP 

requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each source and each unit located in 
the State of Kentucky and for which requirements are set forth under the 
TR SO2 Group 1 Trading Program in subpart CCCCC of part 97 of 
this chapter must comply with such requirements. The obligation to 
comply with such requirements will be eliminated by the promulgation of 
an approval by the Administrator of a revision to Kentucky's State 
Implementation Plan (SIP) as correcting the SIP's deficiency that is the 
basis for the TR Federal Implementation Plan under Sec. 52.39, except 
to the extent the Administrator's approval is partial or conditional.
    (b) Notwithstanding the provisions of paragraph (a) of this section, 
if, at the time of the approval of Kentucky's SIP revision described in 
paragraph (a) of this section, the Administrator has already started 
recording any allocations of TR SO2 Group 1 allowances under 
subpart CCCCC of part 97 of this chapter to units in the State for a 
control period in any year, the provisions of subpart CCCCC of part 97 
of this chapter authorizing the Administrator to complete the allocation 
and recordation of TR SO2 Group 1 allowances to units in the 
State for each such control period shall continue to apply, unless 
provided otherwise by such approval of the State's SIP revision.

[76 FR 48366, Aug. 8, 2011]



                           Subpart T_Louisiana



Sec. 52.970  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan (SIP) for Louisiana 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),(d) and (e) of this section with an EPA approval date prior to July 
1, 1998, was approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C.

[[Page 824]]

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 July 1, 1998, will be 
incorporated by reference in the next update to the SIP compilation.
    (2) EPA Region 6 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
Implementation Plan as of July 1, 1998.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region 6 EPA Office at 1445 Ross Avenue, Suite 700, 
Dallas, Texas, 75202-2733; the EPA, Air and Radiation Docket and 
Information Center, Air Docket (6102), 401 M 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 Louisiana Regulations in the Louisiana SIP
----------------------------------------------------------------------------------------------------------------
                                                       State approval
         State citation             Title/subject           date          EPA approval date        Comments
----------------------------------------------------------------------------------------------------------------
                                LAC Title 33. Environmental Quality Part III. Air
----------------------------------------------------------------------------------------------------------------
                                          Chapter 1--General Provisions
----------------------------------------------------------------------------------------------------------------
Section 101....................  Authority, Matter   Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Incorporated by     LR13:741            09795
                                  Reference, and
                                  Permit Fee System.
Section 103....................  Scope and           Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Severability of     LR13:741            09795
                                  Air Regulations.
Section 107....................  Procedure for       Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Handling            LR13:741            09795
                                  Investigations,
                                  Complaints and
                                  Confidentiality.
Section 109....................  Necessary Changes   Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  for Approval of     LR13:741            09795
                                  Compliance
                                  Schedules and
                                  Annual Report
                                  Requirements.
Section 111....................  Definitions.......  10/20/1995          7/05/2011, 76 FR     Definition of
                                                                          38977                Undesirable
                                                                                               Levels repealed.
Section 111....................  Definitions.......  12/20/1996          7/05/2011, 76 FR     Good Performance
                                                                          38977                Level Particulate
                                                                                               Matter Emissions
                                                                                               Reference Method.
Section 111....................  Definitions.......  9/20/2006           7/05/2011, 76 FR     Ozone Exceedance.
                                                                          38977
Section 111....................  Definitions.......  8/20/2010           12/2/2011, 76 FR     Revisions to
                                                                          75467                Section 111
                                                                                               approved in the
                                                                                               Louisiana
                                                                                               Register August
                                                                                               20, 2010 (LR
                                                                                               36:1773).
----------------------------------------------------------------------------------------------------------------
             Chapter 2--Rules and Regulations for the Fee System of the Air Quality Control Programs
----------------------------------------------------------------------------------------------------------------
Section 223....................  Fee Schedule        Nov. 1994,          10/23/95, 60 FR      Ref 52.999(c)(66)
                                  Listing.            LR20:1263           54308
----------------------------------------------------------------------------------------------------------------
                                          Chapter 5--Permit Procedures
----------------------------------------------------------------------------------------------------------------
Section 501....................  Authority.........  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                                      LR13:741            09795
Section 503....................  Procedures for      Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Notification for    LR13:741            09795
                                  Interstate
                                  Pollution.
Section 504....................  Nonattainment New   Dec. 2001, LR       09/30/02, 67 FR
                                  Source Review       27:2225             61270
                                  Procedures.
Section 505....................  For Emissions       Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Below PSD de        LR13:741            09795
                                  minimis Levels.

[[Page 825]]

 
                                                                         Correction 03/06/    Ref 52.999(c)(58)
                                                                          92, 57 FR 08076
Section 506(A).................  Clean Air           08/20/2007          09/28/2007, 72 FR    ..................
                                  Interstate Rule                         55064
                                  Requirements--Nit
                                  rogen Oxide
                                  Annual Program.
Section 506(B).................  Clean Air           08/20/2007          09/28/2007, 72 FR    ..................
                                  Interstate Rule                         55064
                                  Requirements--Nit
                                  rogen Oxide Ozone
                                  Season Program.
Section 506(C).................  Clean Air           09/20/2006          09/28/2007, 72 FR    ..................
                                  Interstate Rule                         55064
                                  Requirements--Ann
                                  ual Sulfur
                                  Dioxide.
Section 506(D).................  Documentation.....  09/20/2006          09/28/2007, 72 FR    ..................
                                                                          55064
Section 506(E).................  Modifications or    09/20/2006          09/28/2007, 72 FR    ..................
                                  Exceptions.                             55064
Section 507....................  Notification        Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Requirement (for    LR13:741            09795
                                  Emission
                                  Reduction).
Section 509....................  Prevention of       2/20/1995           10/15/1996,          The following
                                  Significant                            61 FR 53639           revisions
                                  Deterioration.                                               approved by the
                                                                                               State on 12/20/
                                                                                               2005 and 9/20/
                                                                                               2006 are EPA
                                                                                               approved on 7/19/
                                                                                               2011, 76 FR
                                                                                               42549:
                                                                                              (a) Section
                                                                                               509(B)--Only the
                                                                                               revisions to
                                                                                               recodify and add
                                                                                               NOX to the
                                                                                               definitions of
                                                                                               Major
                                                                                               Modification
                                                                                               andMajor
                                                                                               Stationary
                                                                                               Source; and only
                                                                                               the revisions to
                                                                                               recodify and add
                                                                                               NOX as a
                                                                                               precursor to the
                                                                                               definition of
                                                                                               Significant;
                                                                                              (b) Section
                                                                                               509(I)--Only the
                                                                                               revisions to the
                                                                                               table under
                                                                                               I.5(a).
----------------------------------------------------------------------------------------------------------------
                    Chapter 6--Regulations on Control of Emissions Reduction Credits Banking
----------------------------------------------------------------------------------------------------------------
Section 601....................  Purpose...........  Feb. 2002, LR       09/27/02, 67 FR
                                                      28:301              60877
Section 603....................  Applicability.....  Feb. 2002, LR       09/27/02, 67 FR
                                                      28:301              60877
Section 605....................  Definitions.......  Feb. 2002, LR       09/27/02, 67 FR
                                                      28:301              60877
Section 607....................  Determination of    Feb. 2002, LR       09/27/02, 67 FR
                                  Creditable          28:302              60877
                                  Emission
                                  Reductions.
Section 613....................  ERC Bank            Feb. 2002, LR       09/27/02, 67 FR
                                  Recordkeeping and   28:303              60877
                                  Reporting
                                  Requirements.
Section 615....................  Schedule for        Feb. 2002, LR       09/27/02, 67 FR
                                  Submitting          28:304              60877
                                  Applications.
Section 617....................  Procedures for      Feb. 2002, LR       09/27/02, 67 FR
                                  Review and          28:304              60877
                                  Approval of ERCs.
Section 619....................  Emission Reduction  Feb. 2002, LR       09/27/02, 67 FR
                                  Credit Bank.        28:305              60877
----------------------------------------------------------------------------------------------------------------
                                         Chapter 7--Ambient Air Quality
----------------------------------------------------------------------------------------------------------------
Section 701.C..................  Purpose...........  10/20/1995          7/05/2011, 76 FR
                                                                          38977

[[Page 826]]

 
Section 709.A..................  Measurement of      9/20/2006           7/05/2011, 76 FR
                                  Concentrations--P                       38977
                                  M10, PM2.5,
                                  Sulfur Dioxide,
                                  Carbon Monoxide,
                                  Atmospheric.
                                 Oxidants, Nitrogen
                                  Oxides, and Lead.
Section 711....................  Tables 1, 1a, 2-    9/20/2006           7/05/2011, 76 FR
                                  Air Quality.                            38977
Section 703....................  Scope of Ambient    Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Air Quality         LR13:741            09795
                                  Standards for
                                  PM10, SO2, CO,
                                  Ozone, NOX, and
                                  Pb.
Section 705....................  Standards:          Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Description of      LR13:741            09795
                                  Ambient Air
                                  Quality Standards.
Section 707....................  Degradation of      Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Ambient Air         LR13:741            09795
                                  Having Higher
                                  Quality than Set
                                  Forth in these
                                  Sections
                                  Restricted.
Section 709....................  Measurement of      Jun. 1988,          06/15/89, 54 FR      Ref 52.999(c)(50)
                                  Concentrations      LR14:348            25451
                                  PM10, SO2, CO,
                                  Atmospheric
                                  Oxidants, NOX,
                                  and Pb.
Table 1........................  Primary Ambient     Jun. 1988,          06/15/89, 54 FR      Ref 52.999(c)(50)
                                  Air Quality         LR14:348            25451
                                  Standards.
Table 1a.......................  Secondary Ambient   Jun. 1988,          06/15/89, 54 FR      Ref 52.999(c)(50)
                                  Air Quality         LR14:348            25451
                                  Standards.
Table 2........................  Ambient Air--       Jun. 1988,          06/15/89, 54 FR      Ref 52.999(c)(50)
                                  Methods of          LR14:348            25451
                                  Contaminant
                                  Measurements.
----------------------------------------------------------------------------------------------------------------
                  Chapter 9--General Regulations on Control of Emissions and Emission Standards
----------------------------------------------------------------------------------------------------------------
Section 901....................  Purpose...........  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                                      LR13:741            09795
Section 903....................  Scope.............  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                                      LR13:741            09795
Section 905....................  Control Facilities  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  to be Installed     LR13:741            09795
                                  When Feasible.
Section 909....................  Responsible Person  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  to have Test Made.  LR13:741            09795
Section 911....................  Department May      Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Make Tests.         LR13:741            09795
Section 913....................  New Sources to      Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Provide Sampling    LR13:741            09795
                                  Ports.
Section 915....................  Emission            Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Monitoring          LR13:741            09795
                                  Requirements:
                                  Applicability,
                                  Special
                                  Considerations,
                                  Exemptions, and
                                  Circumvention.
Section 917....................  Variances.........  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                                      LR13:741            09795
Section 918....................  Recordkeeping and   10/20/2005          7/05/2011, 76 FR
                                  Annual Reporting.                       38977
Section 919-919.A.6............  Emissions           2/20/2006           7/05/2011, 76 FR
                                  Inventory.                              38977
Section 919.B.1................  Types of            2/20/2006           7/05/2011, 76 FR
                                  Inventories.                            38977
Section 919.B.2-919.B.5.g.v....  Types of            12/20/2003          7/05/2011, 76 FR
                                  Inventories.                            38977
Section 919.C..................  Calculations......  2/20/2006           7/05/2011, 76 FR
                                                                          38977
Section 919. D.-F..............  Reporting           12/20/2003          7/05/2011, 76 FR
                                  Requirements                            38977
                                  Enforcement Fees.
Section 921....................  Stack Heights.....  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                                      LR13:741            09795
Section 923....................  Maintenance of Pay  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                                      LR13:741            09795
Section 925....................  Mass Emission Rate  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Control Plan.       LR13:741            09795
Section 927....................  Notification        Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Required            LR13:741            09795,
                                  (Emergency
                                  Occurrences).
Section 929....................  Violation of        Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Emission            LR13:741            09795
                                  Regulation Cannot
                                  be Authorized.
----------------------------------------------------------------------------------------------------------------
                                   Chapter 11--Control of Emissions From Smoke
----------------------------------------------------------------------------------------------------------------
Section 1101.A.................  Control of Air      10/20/1995          7/05/2011, 76 FR
                                  Pollution from                          38977
                                  Smoke. Purpose.
Section 1103...................  Impairment of       Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Visibility on       LR13:741            09795
                                  Public Roads
                                  Prohibited.
Section 1105.A.................  Smoke from Flaring  7/20/2005           7/05/2011, 76 FR
                                  Shall Not Exceed                        38977
                                  20 Percent
                                  Opacity.
Section 1107.A.................  Exemptions........  7/20/2005           7/05/2011, 76 FR
                                                                          38977
Section 1109.A.................  Control of Air      10/20/1995          7/05/2011, 76 FR
                                  Pollution from                          38977
                                  Outdoor Burning.

[[Page 827]]

 
Section 1109.B.................  Control of Air      4/20/1998           7/05/2011, 76 FR
                                  Pollution from                          38977
                                  Outdoor Burning.
Section 1109.E.-ll09.F.........  Control of Air      4/20/1998           7/05/2011, 76 FR
                                  Pollution from                          38977
                                  Outdoor Burning.
Section 1111...................  Exclusion:          Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Variance,           LR13:741            09795
                                  Unpopulated Areas
                                  and Water Vapor.
----------------------------------------------------------------------------------------------------------------
                              Chapter 13--Emission Standards for Particulate Matter
----------------------------------------------------------------------------------------------------------------
Subchapter A...................                                      General
----------------------------------------------------------------------------------------------------------------
 
Section 1301...................  Emission Standards  Jun 1988, LR14:348  06/15/89, 54 FR      Ref 52.999(c)(50)
                                  for Particulate                         25451
                                  Matter.
Section 1303.A.................  Toxic Substances..  10/20/1995          7/05/2011, 76 FR
                                                                          38977
Section 1305...................  Control of          Jun 1988, LR14:348  06/15/89, 54 FR      Ref 52.999(c)(50)
                                  Fugitive                                25451
                                  Emissions.
Section 1307...................  Degradation.......  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                                      LR13:741            09795
Section 1309...................  Measurements of     Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Concentrations.     LR13:741            09795
----------------------------------------------------------------------------------------------------------------
Subchapter B...................                           Fluid Catalytic Cracking Units
----------------------------------------------------------------------------------------------------------------
 
Section 1311.C.-1311.D.........  Emission Limits...  6/20/1997           7/05/2011, 76 FR
                                                                          38977
----------------------------------------------------------------------------------------------------------------
Subchapter C...................                               Fuel Burning Equipment
----------------------------------------------------------------------------------------------------------------
 
Section 1313...................  Emissions from      Jun 1988, LR14:348  06/15/89, 54 FR      Ref 52.999(c)(50)
                                  Fuel Burning                            25451
                                  Equipment.
Section 1315...................  More Stringent      Jun 1988, LR14:348  06/15/89, 54 FR      Ref 52.999(c)(50)
                                  Regulations may                         25451
                                  be Prescribed if
                                  Particulates are
                                  Toxic.
Section 1317...................  Exclusions........  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                                      LR13:741            09795
----------------------------------------------------------------------------------------------------------------
Subchapter D...................  Refuse              10/20/1994          7/05/2011, 76 FR
                                  Incinerators.                           38977
----------------------------------------------------------------------------------------------------------------
Section 1319...................  Refuse              10/20/1994          7/05/2011, 76 FR
                                  Incinerators.                           38977
----------------------------------------------------------------------------------------------------------------
Subchapter E...................                            Leadened Particulate Matter
----------------------------------------------------------------------------------------------------------------
 
Section 1321...................  Emission Standards  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  for Leaded          LR13:741            09795
                                  Particulate
                                  Matter.
Table 3........................  Allowable Rate of   Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Emissions Based     LR13:741            09795
                                  on Process Weight
                                  Rate.
----------------------------------------------------------------------------------------------------------------
                                             Chapter 14--Conformity
----------------------------------------------------------------------------------------------------------------
Subchapter A...................       Determining Conformity of General Federal Actions to State or Federal
                                                               Implementations Plans
----------------------------------------------------------------------------------------------------------------
 
Section 1401...................  Purpose...........  Nov. 1994,          09/13/96, 61 FR      Ref 52.999(c)(67)
                                                      LR20:1268           48409
Section 1402...................  Scope.............  Nov. 1994,          09/13/96, 61 FR      Ref 52.999(c)(67)
                                                      LR20:1268           48409
Section 1403...................  Prohibition.......  Nov. 1994,          09/13/96, 61 FR      Ref 52.999(c)(67)
                                                      LR20:1268           48409
Section 1404...................  Definitions.......  Nov. 1994,          09/13/96, 61 FR      Ref 52.999(c)(67)
                                                      LR20:1268           48409
Section:
    1405.......................  Applicability.....  Nov. 1994,          09/13/96, 61 FR      Ref 52.999(c)(67)
                                                      LR20:1268           48409
    1405.B.....................  ..................  06/20/97, LR23:720  03/09/98, 63 FR      Ref 52.999(c)(75)
                                                                          11372
Section 1406...................  Conformity          Nov. 1994,          09/13/96, 61 FR      Ref 52.999(c)(67)
                                  Analysis.           LR20:1268           48409
Section 1407...................  Reporting           Nov. 1994,          09/13/96, 61 FR      Ref 52.999(c)(67)
                                  Requirements.       LR20:1268           48409
Section 1408...................  Public              Nov. 1994,          09/13/96, 61 FR      Ref 52.999(c)(67)
                                  Participation.      LR20:1268           48409
Section 1409...................  Frequency of        Nov. 1994,          09/13/96, 61 FR      Ref 52.999(c)(67)
                                  Conformity          LR20:1268           48409
                                  Determinations.
Section 1410.A.5.a.i...........  Criteria for        10/20/2005          7/05/2011, 76 FR
                                  Determining                             38977
                                  Conformity of
                                  General Federal
                                  Actions.
Section 1411...................  Procedures for      Nov. 1994,          09/13/96, 61 FR      Ref 52.999(c)(67)
                                  Conformity          LR20:1268           48409
                                  Determinations of
                                  General Federal
                                  Actions.
Section 1412...................  Mitigation of Air   Nov. 1994,          09/13/96, 61 FR      Ref 52.999(c)(67)
                                  Quality Impacts.    LR20:1268           48409
Section 1413...................  Department Review.  Nov. 1994,          09/13/96, 61 FR      Ref 52.999(c)(67)
                                                      LR20:1268           48409

[[Page 828]]

 
Section 1414...................  Enforcement         Nov. 1994,          09/13/96, 61 FR      Ref 52.999(c)(67)
                                  Provisions.         LR20:1268           48409
Section 1415...................  Savings Provision.  Nov. 1994,          09/13/96, 61 FR      Ref 52.999(c)(67)
                                                      LR20:1268           48409
----------------------------------------------------------------------------------------------------------------
Subchapter B...................    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
----------------------------------------------------------------------------------------------------------------
 
Section 1431...................  Purpose...........  Sept. 1998,         12/29/99, 64 FR
                                                      LR24:1684           72938
Section 1432...................  Incorporation by    March 20, 2005,     10/30/06, 71 FR
                                  Reference.          LR31:640            63250
Section 1434...................  Consultation......  Nov. 1994,          12/29/99, 64 FR
                                                      LR20:1278; July     72938
                                                      1998, LR24:1280;
                                                      Sept. 1998,
                                                      LR24:1684; Oct.
                                                      1998, LR24:1925
----------------------------------------------------------------------------------------------------------------
                                Chapter 15--Emission Standards for Sulfur Dioxide
----------------------------------------------------------------------------------------------------------------
Section 1501...................  Degradation of      Apr. 1992,          07/15/93, 58 FR      Ref 52.999(c)(59)
                                  Existing Emission   LR18:374            38060
                                  Quality
                                  Restricted.
Section 1503...................  Emission Standards  7/20/1998           7/05/2011, 76 FR
                                  for Sulfur                              38977
                                  Dioxide. Emission
                                  Limitations.
Section 1505...................  Variance..........  Apr. 1992,          07/15/93, 58 FR      Ref 52.999(c)(59)
                                                      LR18:374            38060
Section 1507...................  Exceptions,         Apr. 1992,          07/15/93, 58 FR      Ref 52.999(c)(59)
                                  Startup             LR18:374            38060
                                  provisions,
                                  Online Operating
                                  Adjustments, and
                                  Bubble Concept.
Section 1509...................  Reduced Sulfur      Apr. 1992,          07/15/93, 58 FR      Ref 52.999(c)(59)
                                  Compounds (New      LR18:374            38060
                                  and Existing
                                  Sources).
Section 1511.B.................  Continuous          12/20/1996          7/05/2011, 76 FR
                                  Emission                                38977
                                  Monitoring.
Section 1513...................  Recordkeeping and   Apr. 1992,          07/15/93, 58 FR      Ref 52.999(c)(59)
                                  Reporting.          LR18:374            38060
Table 4........................  Emissions--Methods  Apr. 1992,          07/15/93, 58 FR      Ref 52.999(c)(59)
                                  of Contaminant      LR18:374            38060
                                  Measurement.
----------------------------------------------------------------------------------------------------------------
                        Chapter 17--Control of Emissions of Carbon Monoxide (New Sources)
----------------------------------------------------------------------------------------------------------------
Subchapter A...................                                      General
----------------------------------------------------------------------------------------------------------------
 
Section 1701...................  Degradation of      Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Existing Emission   LR13:741            09795
                                  Quality
                                  Restricted.
----------------------------------------------------------------------------------------------------------------
Subchapter B...................                              Ferrous Metal Emissions
----------------------------------------------------------------------------------------------------------------
 
Section 1703...................  Ferrous Metal       Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Emissions.          LR13:741            09795
----------------------------------------------------------------------------------------------------------------
Subchapter C...................                            Petroleum Refinery Emissions
----------------------------------------------------------------------------------------------------------------
 
Section 1705...................  Petroleum Refinery  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Emissions.          LR13:741            09795
----------------------------------------------------------------------------------------------------------------
                              Chapter 21--Control of Emissions of Organic Compounds
----------------------------------------------------------------------------------------------------------------
Subchapter A...................                                      General
----------------------------------------------------------------------------------------------------------------
 
Section 2101...................  Compliance          Nov. 1990,          05/05/94, 59 FR      Ref 52.999(c)(60)
                                  Schedules.          LR16:959            23166
Section 2103.A-2103.B..........  Storage of          5/20/1999           7/05/2011, 76 FR
                                  Volatile Organic                        38977
                                  Compounds.
Section 2103.C-2103.D.4........  Storage of          6/20/1996           7/05/2011, 76 FR
                                  Volatile Organic                        38977
                                  Compounds.
2103.D.4.a.....................  Storage of          10/20/2005          7/05/2011, 76 FR
                                  Volatile Organic                        38977
                                  Compounds.
Section 2103.D.4.b.-2103.D.4.d.  Storage of          8/20/2002           7/05/2011, 76 FR
                                  Volatile Organic                        38977
                                  Compounds.
Section 2103.G.1-2103.G.2......  Storage of          6/20/1996           7/05/2011, 76 FR
                                  Volatile Organic                        38977
                                  Compounds.
Section 2103.G.3-2103.G.5......  Storage of          12/20/1998          7/05/2011, 76 FR
                                  Volatile Organic                        38977
                                  Compounds.
Section 2103.H.2.a.-d..........  Storage of          12/20/1996          7/05/2011, 76 FR
                                  Volatile Organic                        38977
                                  Compounds.
Section 2103.H.3...............  Storage of          2/20/1998           7/05/2011, 76 FR
                                  Volatile Organic                        38977
                                  Compounds.

[[Page 829]]

 
Section 2103.I.6...............  Storage of          12/20/1998          7/05/2011, 76 FR
                                  Volatile Organic                        38977
                                  Compounds.
Section 2103.I.7...............  Storage of          8/20/2002           7/05/2011, 76 FR
                                  Volatile Organic                        38977
                                  Compounds.
Section 2104.A.................  Crude Oil and       4/20/2004           7/05/2011, 76 FR
                                  Condensate.                             38977
Section 2104.B.-2104.C.1.......  Crude Oil and       11/20/1997          7/05/2011, 76 FR
                                  Condensate.                             38977
Section 2104.C.2.-2104.C.4.....  Crude Oil and       4/20/2004           7/05/2011, 76 FR
                                  Condensate.                             38977
Section 2104.D.................  Crude Oil and       11/20/1997          7/05/2011, 76 FR
                                  Condensate.                             38977
Section 2104.E.................  Crude Oil and       4/20/2004           7/05/2011, 76 FR
                                  Condensate.                             38977
Section 2104.F.-2104.F.2.d.....  Crude Oil and       11/20/1997          7/05/2011, 76 FR
                                  Condensate.                             38977
Section 2104.G.................  Crude Oil and       11/20/1997          7/05/2011, 76 FR
                                  Condensate.                             38977
Section 2105...................  Storage of          ..................  ...................  NOT IN SIP
                                  Volatile Organic
                                  Components (Small
                                  Tanks).
Section 2107.E.1.-2............  Volatile Organic    12/20/1996          7/05/2011, 76 FR
                                  Compounds--Loadin                       38977
                                  g.
Section 2108.A.................  Marine Vapor        4/20/2004           7/05/2011, 76 FR
                                  Recovery.                               38977
Section 2108.C.2.-2108.C.3.....  Marine Vapor        1/20/1998           7/05/2011, 76 FR
                                  Recovery.                               38977
Section 2108.D.4...............  Marine Vapor        4/20/2004           7/05/2011, 76 FR
                                  Recovery.                               38977
Section 2108.E.1.a.i.-ii. and    Marine Vapor        12/20/1996          7/05/2011, 76 FR
 E.1.b.                           Recovery.                               38977
Section 2108.E.2...............  Marine Vapor        7/20/1998           7/05/2011, 76 FR
                                  Recovery.                               38977
Section 2108.E.3. and E.5......  Marine Vapor        12/20/1996          7/05/2011, 76 FR
                                  Recovery.                               38977
Section 2108.F.1...............  Marine Vapor        10/20/2005          7/05/2011, 76 FR
                                  Recovery.                               38977
Section 2109.C,1-4.............  Oil/Water--         12/20/1996          7/05/2011, 76 FR
                                  Separation.                             38977
Section 2111...................  Pumps and           Apr. 1991,          05/05/94, 59 FR      Ref 52.999(c)(60)
                                  Compressors.        LR17:360            23166
Section 2113.A.................  Housekeeping......  5/20/1999           7/05/2011, 76 FR
                                                                          38977
Section 2113.A.4...............  Housekeeping......  10/20/2005          7/05/2011, 76 FR
                                                                          38977
Section 2115...................  Waste Gas Disposal  4/20/2004           7/05/2011, 76 FR
                                  Introductory                            38977
                                  paragraph.
Section 2115.A.-2115.G.........  Waste Gas Disposal  2/20/1998           7/05/2011, 76 FR
                                                                          38977
Section 2115.H.1.a.............  Waste Gas Disposal  4/20/2004           7/05/2011, 76 FR
                                                                          38977
Section 2115.H.2.-2115.H.3.....  Waste Gas Disposal  2/20/1998           7/05/2011, 76 FR
                                                                          38977
Section 2115.I.1-4.............  Waste Gas Disposal  12/20/1996          7/05/2011, 76 FR
                                                                          38977
Section 2115.J.................  Waste Gas Disposal  4/20/2004           7/05/2011, 76 FR
                                                                          38977
Section 2115.K.4...............  Waste Gas Disposal  2/20/1998           7/05/2011, 76 FR
                                                                          38977
Section 2115.M.................  Waste Gas Disposal  2/10/1998           7/05/2011, 76 FR
                                                                          38977
Section 2117...................  Exemptions........  2/20/1999           7/05/2011, 76 FR
                                                                          38977
Section 2119...................  Variances.........  Feb. 1990,          05/05/94, 59 FR      Ref 52.999(c)(60)
                                                      LR16:116            23166
Section 2121.A.................  Fugitive Emission   8/20/2004           7/05/2011, 76 FR
                                  Control.                                38977
Section 2121.B.1...............  Fugitive Emission   8/20/2004           7/05/2011, 76 FR
                                  Control.                                38977
Section 2121.C.1.a.ii..........  Fugitive Emission   7/20/2000           7/05/2011, 76 FR
                                  Control.                                38977
Section 2121.C.3.b.-2121.C.3.c.  Fugitive Emission   8/20/2004           7/05/2011, 76 FR
                                  Control.                                38977
Section 2121.C.4.h.i...........  Fugitive Emission   1/20/1998           7/05/2011, 76 FR
                                  Control.                                38977
Section 2121.D.1...............  Fugitive Emission   12/20/1995          7/05/2011, 76 FR
                                  Control.                                38977
Section 2121.F.................  Fugitive Emission   10/20/2005          7/05/2011, 76 FR
                                  Control.                                38977
Section 2121.G.................  Fugitive Emission   8/20/2004           7/05/2011, 76 FR
                                  Control.                                38977
Section 2122.A.-2122A.1........  Fugitive Emission   8/20/2004           7/05/2011, 76 FR
                                  Control for Ozone                       38977
                                  Nonattainment
                                  Areas.
Section 2122.A.2-A.5...........  Fugitive Emission   8/20/2002           7/05/2011, 76 FR
                                  Control for Ozone                       38977
                                  Nonattainment
                                  Areas.
Section 2122A.6-6.d............  Fugitive Emission   7/20/1998           7/05/2011, 76 FR
                                  Control for Ozone                       38977
                                  Nonattainment
                                  Areas.
Section 2122B..................  Fugitive Emission   11/20/1996          7/05/2011, 76 FR     Inaccessible Valve/
                                  Control for Ozone                       38977                Connector.
                                  Nonattainment
                                  Areas Definitions.
Section 2122B..................  Fugitive Emission   12/20/1996          7/05/2011, 76 FR     Good Performance
                                  Control for Ozone                       38977                Level.
                                  Nonattainment
                                  Areas Definitions.
Section 2122B..................  Fugitive Emission   8/20/2004           7/05/2011, 76 FR     Instrumentation
                                  Control for Ozone                       38977                System.
                                  Nonattainment
                                  Areas Definitions.
Section 2122C.1.a.-2122.C.1.b..  Fugitive Emission   8/20/2004           7/05/2011, 76 FR
                                  Control for Ozone                       38977
                                  Nonattainment
                                  Areas.

[[Page 830]]

 
Section 2122.C.1.c.............  Fugitive Emission   11/20/1996          7/05/2011, 76 FR
                                  Control for Ozone                       38977
                                  Nonattainment
                                  Areas.
Section 2122.C.1.d.............  Fugitive Emission   7/20/1998           7/05/2011, 76 FR
                                  Control for Ozone                       38977
                                  Nonattainment
                                  Areas.
Section 2122.C.4...............  Fugitive Emission   8/20/2004           7/05/2011, 76 FR
                                  Control for Ozone                       38977
                                  Nonattainment
                                  Areas and
                                  Specified
                                  Parishes.
Section 2122.D.1.a.............  Fugitive Emission   11/20/1996          7/05/2011, 76 FR
                                  Control for Ozone                       38977
                                  Nonattainment
                                  Areas.
Section 2122.D.1.d-f...........  Fugitive Emission   8/20/2004           7/05/2011, 76 FR
                                  Control for Ozone                       38977
                                  Nonattainment
                                  Areas and
                                  Specified
                                  Parishes.
Section 2122.D.3.b.............  Fugitive Emission   8/20/2004           7/05/2011, 76 FR
                                  Control for Ozone                       38977
                                  Nonattainment
                                  Areas.
Section 2122.D.3.d.............  Fugitive Emission   11/20/1996          7/05/2011, 76 FR
                                  Control for Ozone                       38977
                                  Nonattainment
                                  Areas.
Section 2122.D.3.e.............  Fugitive Emission   8/20/2004           7/05/2011, 76 FR
                                  Control for Ozone                       38977
                                  Nonattainment
                                  Areas and
                                  Specified
                                  Parishes.
Section 2122.D.4.h.............  Fugitive Emission   1/20/1998           7/05/2011, 76 FR
                                  Control for Ozone                       38977
                                  Nonattainment
                                  Areas.
Section 2122.D.4.k.-1..........  Fugitive Emission   11/20/1996          7/05/2011, 76 FR
                                  Control for Ozone                       38977
                                  Nonattainment
                                  Areas.
Section 2122.E.1.g.............  Fugitive Emission   8/20/2004           7/05/2011, 76 FR
                                  Control for Ozone                       38977
                                  Nonattainment
                                  Areas and
                                  Specified
                                  Parishes.
Section 2122.E.3.-5............  Fugitive Emission   8/20/2004           7/05/2011, 76 FR
                                  Control for Ozone                       38977
                                  Nonattainment
                                  Areas and
                                  Specified
                                  Parishes.
Section 2122.G.................  Fugitive Emission   10/20/2005          7/05/2011, 76 FR
                                  Control for Ozone                       38977
                                  Nonattainment
                                  Areas and
                                  Specified
                                  Parishes.
----------------------------------------------------------------------------------------------------------------
Subchapter B...................                                  Organic Solvents
----------------------------------------------------------------------------------------------------------------
 
Section 2123...................  Organic Solvents..  4/20/2011           12/2/2011, 76 FR     Revisions to
                                                                          75467                Section 2123
                                                                                               approved in the
                                                                                               Louisiana
                                                                                               Register April
                                                                                               20, 2011 (LR
                                                                                               37:1150).
Section 2123.B.1...............  Organic Solvents..  7/20/1999           7/05/2011, 76 FR
                                                                          38977
Section 2123.B.2...............  Organic Solvents..  1/20/1998           7/05/2011, 76 FR
                                                                          38977
Section 2123.C.................  Organic Solvents..  1/20/1998           7/05/2011, 76 FR
                                                                          38977
Section 2123.C.11..............  Organic Solvents..  5/20/1996           7/05/2011, 76 FR
                                                                          38977
Section 2123.C.11.b............  Organic Solvents..  12/20/1997          7/05/2011, 76 FR
                                                                          38977
Section 2123.D.1...............  Organic Solvents..  10/20/2005          7/05/2011, 76 FR
                                                                          38977
Section 2123.D.6...............  Organic Solvents..  8/20/2002           7/05/2011, 76 FR
                                                                          38977
Section 2123.D.7.a.............  Organic Solvents..  4/20/2004           7/05/2011, 76 FR
                                                                          38977
Section 2123.E.1.-4............  Fugitive Emission   12/20/1996          7/05/2011, 76 FR
                                  Control for Ozone                       38977
                                  Nonattainment
                                  Areas and
                                  Specified
                                  Parishes.
Section 2123.E.6...............  Organic Solvents..  7/20/1998           7/05/2011, 76 FR
                                                                          38977
Section 2123.G.................  Organic Solvents    12/20/1997          7/05/2011, 76 FR
                                  Definitions.                            38977
Section 2123.G.................  Organic Solvents    1/20/1998           7/05/2011, 76 FR
                                  Definitions.                            38977
Section 2123.H.................  Organic Solvents..  4/20/2004           7/05/2011, 76 FR
                                                                          38977
----------------------------------------------------------------------------------------------------------------
Subchapter C...................                                  Vapor Degreasers
----------------------------------------------------------------------------------------------------------------
 
Section 2125.D.................  Vapor Degreasers..  4/20/2004           7/05/2011, 76 FR
                                                                          38977
Section 2125.E.1.-4............  Vapor Degreasers..  12/20/1996          7/05/2011, 76 FR
                                                                          38977
----------------------------------------------------------------------------------------------------------------
Subchapter D...................                               Cutback Paving Asphalt
----------------------------------------------------------------------------------------------------------------
 
Section 2127...................  Cutback Paving      Apr. 1991,          05/05/94, 59 FR      Ref 52.999(c)(60)
                                  Asphalt.            LR17:360            23166
----------------------------------------------------------------------------------------------------------------
Subchapter F...................                                 Gasoline Handling
----------------------------------------------------------------------------------------------------------------
 
Section 2131.A.................  Filling of          12/20/1993          7/05/2011, 76 FR
                                  Gasoline Storage                        38977
                                  Vessels.

[[Page 831]]

 
Section 2131.D.3...............  Filling of          2/20/2001           7/05/2011, 76 FR
                                  Gasoline Storage                        38977
                                  Vessels.
Section 2131.E.1. and E.3......  Filling of          12/20/1996          7/05/2011, 76 FR
                                  Gasoline Storage                        38977
                                  Vessels.
----------------------------------------------------------------------------------------------------------------
 Section 2132. Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing
                                                   Facilities
----------------------------------------------------------------------------------------------------------------
Section 2132.A.................  Definitions.......  12/20/1997          7/05/2011, 76 FR     CARB; Stage II
                                                                          38977                Vapor Recovery
                                                                                               System.
Section 2132.A.................  Definitions.......  4/20/2003           7/05/2011, 76 FR     Stage II Vapor
                                                                          38977                Recovery System.
Section 2132.B.................  Applicability.....  1/20/1998           7/05/2011, 76 FR
                                                                          38977
Section 2132.B.4.a-d...........  Applicability.....  12/20/1997          7/05/2011, 76 FR
                                                                          38977
Section 2132.B.5...............  Applicability.....  4/20/2003           7/05/2011, 76 FR
                                                                          38977
Section 2132.B.6.b.............  Applicability.....  12/20/1997          7/05/2011, 76 FR
                                                                          38977
Section 2132.B.6.c.iii.........  Applicability.....  12/20/1997          7/05/2011, 76 FR
                                                                          38977
Section 2132.D.................  Testing...........  12/20/1997          7/05/2011, 76 FR
                                                                          38977
Section 2132.D.2...............  Testing...........  4/20/2003           7/05/2011, 76 FR
                                                                          38977
Section 2132.E.................  Labeling..........  12/20/1997          7/05/2011, 76 FR
                                                                          38977
Section 2132.F.................  Inspection........  12/20/1997          7/05/2011, 76 FR
                                                                          38977
Section 2132.G.................  Recordkeeping.....  12/20/1997          7/05/2011, 76 FR
                                                                          38977
Section 2132.G.5...............  Recordkeeping.....  4/20/2003           7/05/2011, 76 FR
                                                                          38977
Section 2132.H.................  Enforcement.......  12/20/1997          7/05/2011, 76 FR
                                                                          38977
Section H.1.a-b................  Enforcement.......  4/20/2003           7/05/2011, 76 FR
                                                                          38977
Section 2132.I.................  Fees..............  12/20/1997          7/05/2011, 76 FR
                                                                          38977
Section 2133.A-E...............  Gasoline Bulk       6/20/1995           7/05/2011, 76 FR
                                  Plants.                                 38977
Section 2133.D.2...............  Gasoline Bulk       12/20/1996          7/05/2011, 76 FR
                                  Plants.                                 38977
Section 2135.A.................  Bulk Gasoline       1/20/1998           7/05/2011, 76 FR
                                  Terminal.                               38977
Section 2135.D.1.-.4...........  Bulk Gasoline       12/20/1996          7/05/2011, 76 FR
                                  Terminal.                               38977
Section 2137.A.-A.1. and B.1...  Gasoline Terminal   12/20/1996          7/05/2011, 76 FR
                                  Vapor-Tight                             38977
                                  Control Procedure.
----------------------------------------------------------------------------------------------------------------
Subchapter G...................                           Petroleum Refinery Operations
----------------------------------------------------------------------------------------------------------------
 
Section 2139.C.................  Refinery Vacuum     5/20/1998           7/05/2011, 76 FR
                                  Producing Systems.                      38977
Section 2141...................  Refinery Process    Jul. 1991,          05/05/94, 59 FR      Ref 52.999(c)(60)
                                  Unit Turnarounds.   LR17:654            23166
----------------------------------------------------------------------------------------------------------------
Subchapter H...................                                    Graphic Arts
----------------------------------------------------------------------------------------------------------------
 
Section 2143...................  Graphic Arts        6/20/2009           12/2/2011, 76 FR     Revisions to
                                  (Printing) by                           75467                Section 2143
                                  Rotogravure and                                              approved in the
                                  Flexographic                                                 Louisiana
                                  Processes.                                                   Register June 20,
                                  Control                                                      2009 (LR
                                  Requirements.                                                35:1101).
----------------------------------------------------------------------------------------------------------------
Section 2143.A.................  Graphic Arts        4/20/2004           7/05/2011, 76 FR
                                  (Printing) by                           38977
                                  Rotogravure and
                                  Flexographic
                                  Processes.
                                  Control
                                  Requirements.
Section 2143.A.1...............  Graphic Arts        10/20/1999          7/05/2011, 76 FR
                                  (Printing) by                           38977
                                  Rotogravure and
                                  Flexographic
                                  Processes.
                                  Control
                                  Requirements.
Section 2143.B.................  Applicability       4/20/2004           7/05/2011, 76 FR
                                  Exemption.                              38977
Section 2143.C.1.-3............  Compliance........  12/20/1996          7/05/2011, 76 FR
                                                                          38977
Section 2143.E.................  Timing............  4/20/2004           7/05/2011, 76 FR
                                                                          38977
----------------------------------------------------------------------------------------------------------------
Subchapter I...................                      Pharmaceutical Manufacturing Facilities
----------------------------------------------------------------------------------------------------------------
 
Section 2145.F.2.-3............  Pharmaceutical      12/20/1996          7/05/2011, 76 FR
                                  Manufacturing                           38977
                                  Facilities.
----------------------------------------------------------------------------------------------------------------
Section 2145.F.4...............  Pharmaceutical      1/20/1998           7/05/2011, 76 FR
                                  Manufacturing                           38977
                                  Facilities.

[[Page 832]]

 
Subchapter J...................   Limiting Volatile Organic Compound (VOC) Emissions from Reactor Processes and
                                      Distillation Operations in the Synthetic Organic Chemical Manufacturing
                                                                 Industry (SOCMI)
----------------------------------------------------------------------------------------------------------------
 
Section 2147.A.1...............  Applicability.....  4/20/2004           7/05/2011, 76 FR
                                                                          38977
----------------------------------------------------------------------------------------------------------------
Section 2147.B.................  Definitions.......  12/20/1996          7/05/2011, 76 FR     Halogenated Vent
                                                                          38977                Stream; Total
                                                                                               Organic
                                                                                               Compounds.
Section 2147.B.................  Definitions.......  11/20/1997          7/05/2011, 76 FR     Process Unit.
                                                                          38977
Section 2147.D.1.a.............  Total               11/20/1997          7/05/2011, 76 FR
                                  Effectiveness                           38977
                                  Determination,
                                  Performance
                                  Testing, and
                                  Exemption Testing.
Section 2147.D.3.-2147.D.4.....  Total               7/20/1998           7/05/2011, 76 FR
                                  Effectiveness                           38977
                                  Determination,
                                  Performance
                                  Testing, and
                                  Exemption Testing.
Section D.5.a., D.5.a.ii.(a)-    Total               12/20/1996          7/05/2011, 76 FR
 (b), D.5.b.i. and iii, D.5.c.-   Effectiveness                           38977
 f.                               Determination,
                                  Performance
                                  Testing, and
                                  Exemption Testing.
Section 2147.D.7.-2147.D.9.....  Total               11/20/1997          7/05/2011, 76 FR
                                  Effectiveness                           38977
                                  Determination,
                                  Performance
                                  Testing, and
                                  Exemption Testing.
----------------------------------------------------------------------------------------------------------------
Subchapter K...................         Limiting Volatile Organic Compound Emissions from Batch Processing
----------------------------------------------------------------------------------------------------------------
 
Section 2149.A.1...............  Applicability.....  4/20/2004           7/05/2011, 76 FR
                                                                          38977
----------------------------------------------------------------------------------------------------------------
Section 2149.E.2.a.-c.i........  Performance         12/20/1996          7/05/2011, 76 FR
                                  Testing.                                38977
----------------------------------------------------------------------------------------------------------------
Subchapter L...................    Limiting Volatile Organic Compound Emissions from Cleanup Solvent Processing
----------------------------------------------------------------------------------------------------------------
 
Section 2151.A.................  Limiting Volatile   4/20/2004           7/05/2011, 76 FR
                                  Organic Compound                        38977
                                  Emissions from
                                  Cleanup Solvent
                                  Processing.
----------------------------------------------------------------------------------------------------------------
Section 2151.B., 2151.C.,        Limiting Volatile   1/20/1998           7/05/2011, 76 FR     Closed-Loop
 2151.C.2-C.3., 2151.D.-E.        Organic Compound                        38977                Recycling;
                                  Emissions from                                               Cleaning of
                                  Cleanup Solvent                                              Parts.
                                  Processing.
Section 2151.F.................  Limiting Volatile   4/20/2004           7/05/2011, 76 FR
                                  Organic Compound                        38977
                                  Emissions from
                                  Cleanup Solvent
                                  Processing.
----------------------------------------------------------------------------------------------------------------
Subchapter M...................      Limiting Volatile Organic Compound Emissions from Industrial Wastewater
----------------------------------------------------------------------------------------------------------------
 
Section 2153.A.................  Definitions.......  5/20/1999           7/05/2011, 76 FR     Chemical
                                                                          38977                Manufacturing
                                                                                               Process Unit;
                                                                                               Plant; Point of
                                                                                               Determination;
                                                                                               Properly Operated
                                                                                               Biotreatment
                                                                                               Unit.
----------------------------------------------------------------------------------------------------------------
Section 2153.A.................  Definitions.......  4/20/2004           7/05/2011, 76 FR     Affected Source
                                                                          38977                Category.
Section 2153.B., 2153.B.1.d. -   Control             5/20/1999           7/05/2011, 76 FR
 d.ii., 2153.B.3.-4.b.            Requirements.                           38977
Section 2153.D.2.c.,             Inspection and      5/20/1999           7/05/2011, 76 FR
 2153.D.3.h.iii.(b)-4.b.          Monitoring                              38977
                                  Requirements.
Section 2153.E.1.-5............  Approved Test       12/20/1996          7/05/2011, 76 FR
                                  Methods.                                38977
Section 2153.E.7.-10...........  Approved Test       5/20/1999           7/05/2011, 76 FR
                                  Methods.                                38977
Section 2153.F.5...............  Recordkeeping       5/20/1999           7/05/2011, 76 FR
                                  Requirements.                           38977
Section 2153.H.1...............  Determination of    5/20/1999           7/05/2011, 76 FR
                                  Wastewater                              38977
                                  Characteristics.

[[Page 833]]

 
Section 2153.I.................  Limiting VOC        4/20/2004           7/05/2011, 76 FR
                                  Emissions From                          38977
                                  Industrial
                                  Wastewater.
Table 8........................  Untitled [List of   Dec. 1987,          05/05/94, 59 FR      Ref 52.999(c) (49)
                                  Synthetic Organic   LR13:741            23166                and (60). Table
                                  Chemicals].                                                  approved at
                                                                                               (c)(49) included
                                                                                               CAS numbers.
                                                                                               Table approved at
                                                                                               (c)(60) did not
                                                                                               include CAS
                                                                                               numbers
----------------------------------------------------------------------------------------------------------------
                           Subchapter N. Method 43 Capture Efficiency Test Procedures
----------------------------------------------------------------------------------------------------------------
Subchapter N...................  Subchapter N......  12/20/1996          7/05/2011, 76 FR
                                                                          38977
Section 2155...................  Principle.........  12/20/1996          7/05/2011, 76 FR
                                                                          38977
Section 2156.A.................  Definitions.......  12/20/1997          7/05/2011, 76 FR     PTE; TTE.
                                                                          38977
Section 2156.A.................  Definitions.......  10/20/2003          7/05/2011, 76 FR     BE.
                                                                          38977
Section 2157.A.................  Applicability.....  12/20/1997          7/05/2011, 76 FR
                                                                          38977
Section 2157.B.................  Applicability.....  8/20/2001           7/05/2011, 76 FR
                                                                          38977
Section 2158...................  Specific            12/20/1996          7/05/2011, 76 FR
                                  Requirements.                           38977
Section 2158.C.1.-4............  Specific            8/20/2001           7/05/2011, 76 FR
                                  Requirements.                           38977
Section 2159...................  Recordkeeping and   12/20/1996          7/05/2011, 76 FR
                                  Reporting.                              38977
Section 2159.D.-E..............  Recordkeeping and   8/20/2001           7/05/2011, 76 FR
                                  Reporting.                              38977
Section 2160...................  Procedures........  12/20/1996          7/05/2011, 76 FR
                                                                          38977
Section 2160.A.-2160.B.........  Procedures........  8/20/2001           7/05/2011, 76 FR
                                                                          38977
Section 2160.C.4.d.............  Procedures........  7/20/1998           7/05/2011, 76 FR
                                                                          38977
Section 2160.D.4.d.............  Procedures........  7/20/1998           7/05/2011, 76 FR
                                                                          38977
Section 2199...................  Appendix A........  11/20/1997          7/05/2011, 76 FR
                                                                          38977
----------------------------------------------------------------------------------------------------------------
                            Chapter 22--Control of Emissions of Nitrogen Oxides (NOX)
----------------------------------------------------------------------------------------------------------------
Section 2201...................  Affected            1/20/2010           11/30/11, 76 FR      Revisions to
                                  Facilities in the                       74000                Section 2201
                                  Baton Rouge                                                  approved in the
                                  Nonattainment                                                Louisiana
                                  Area and the                                                 Register January
                                  Region of                                                    20, 2010 (LR
                                  Influence.                                                   36:60).
----------------------------------------------------------------------------------------------------------------
Section 2201.B.................  Definitions.......  4/20/2004           7/05/2011, 76 FR     Affected Facility;
                                                                          38977                Averaging
                                                                                               Capacity;
                                                                                               Combined Cycle,
                                                                                               Low Ozone Season
                                                                                               Capacity Factor
                                                                                               Boiler or Process
                                                                                               Heater/Furnace;
                                                                                               Nitrogen Oxides.
Section 2201.C.1.-3............  Exemptions........  4/20/2004           7/05/2011, 76 FR
                                                                          38977
Section 2201.C.8...............  Exemptions........  4/20/2004           7/05/2011, 76 FR
                                                                          38977
Section 2201.D.1...............  Emission Factors..  4/20/2004           7/05/2011, 76 FR
                                                                          38977
Section 2201.D.4...............  Emission Factors..  4/20/2004           7/05/2011, 76 FR
                                                                          38977
Section 2201.F.1.a.............  Permits...........  4/20/2004           7/05/2011, 76 FR
                                                                          38977
Section 2201.F.5...............  Permits...........  4/20/2004           7/05/2011, 76 FR
                                                                          38977
Section 2201.F.1.c.............  Permits...........  4/20/2004           7/05/2011, 76 FR
                                                                          38977
Section 2201.F.7.a.............  Permits...........  10/20/2005          7/05/2011, 76 FR
                                                                          38977
Section 2201.G.2...............  Initial             4/20/2004           7/05/2011, 76 FR
                                  Demonstration of                        38977
                                  Compliance.
Section 2201.H1.b.iii..........  Continuous          4/20/2004           7/05/2011, 76 FR
                                  Demonstration of                        38977
                                  Compliance.
Section 2201.H.2...............  Continuous          4/20/2004           7/05/2011, 76 FR
                                  Demonstration of                        38977
                                  Compliance.
Section 2201.H.3...............  Continuous          4/20/2004           7/05/2011, 76 FR
                                  Demonstration of                        38977
                                  Compliance.

[[Page 834]]

 
Section 2202...................  Contingency Plan..  1/20/2010           11/30/11, 76 FR      Section 2202
                                                                          74000                approved in the
                                                                                               Louisiana
                                                                                               Register January
                                                                                               20, 2010 (LR
                                                                                               36:63).
----------------------------------------------------------------------------------------------------------------
                            Chapter 23--Control of Emissions from Specific Industries
----------------------------------------------------------------------------------------------------------------
Subchapter A...................                           Chemical Woodpulping Industry
----------------------------------------------------------------------------------------------------------------
 
Section 2301.D. and 2301.D.3...  Control of          12/20/1993          7/05/2011, 76 FR
                                  Emissions from                          38977
                                  the Chemical
                                  Woodpulping
                                  Industry.
                                  Emission
                                  Limitations.
----------------------------------------------------------------------------------------------------------------
Section 2301.D.4.a.............  Control of          10/20/2005          7/05/2011, 76 FR
                                  Emissions from                          38977
                                  the Chemical
                                  Woodpulping
                                  Industry.
                                  Emission
                                  Limitations.
Section 2301.E.................  Exemptions........  10/20/2006          7/05/2011, 76 FR
                                                                          38977
----------------------------------------------------------------------------------------------------------------
Subchapter B...................                                  Aluminum Plants
----------------------------------------------------------------------------------------------------------------
 
Section 2303.E.................  Standards for       10/20/2005          7/05/2011, 76 FR
                                  Horizontal Study                        38977
                                  Doderberg Primary
                                  Aluminum Plants
                                  and Prebake
                                  Primary Aluminum
                                  Plants.
                                  Monitoring.
----------------------------------------------------------------------------------------------------------------
Section 2303.F.1.d.2...........  Standards for       10/20/2005          7/05/2011, 76 FR
                                  Horizontal Study                        38977
                                  Doderberg Primary
                                  Aluminum Plants
                                  and Prebake
                                  Primary Aluminum
                                  Plants. Reporting.
----------------------------------------------------------------------------------------------------------------
Subchapter C...................                            Phosphate Fertilizer Plants
----------------------------------------------------------------------------------------------------------------
 
Section 2305...................  Fluoride Emissions  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Standards for       LR13:741            09795
                                  Phosphate
                                  Fertilizer Plants.
----------------------------------------------------------------------------------------------------------------
Subchapter D...................                  Emission Standards for the Nitric Acid Industry
----------------------------------------------------------------------------------------------------------------
 
Section 2307.C.1.a.............  Emission Standards  10/20/2005          7/05/2011, 76 FR
                                  for the Nitric                          38977
                                  Acid Industry.
----------------------------------------------------------------------------------------------------------------
Section 2307.C.2.a.............  Emission Standards  10/20/2005          7/05/2011, 76 FR
                                  for the Nitric                          38977
                                  Acid Industry.
----------------------------------------------------------------------------------------------------------------
                                   Chapter 25. Miscellaneous Incinerator Rules
----------------------------------------------------------------------------------------------------------------
                                   Subchapter A. Scope and General Provisions
----------------------------------------------------------------------------------------------------------------
Section 2501...................  Scope.............  10/20/1994          7/05/2011, 76 FR
                                                                          38977
----------------------------------------------------------------------------------------------------------------
                                   Subchapter B. Biomedical Waste Incinerators
----------------------------------------------------------------------------------------------------------------
Section 2511...................  Standards of        10/20/1994          7/05/2011, 76 FR
                                  Performance for                         38977
                                  Biomedical Waste
                                  Incinerators.
Section 2511.B.................  Definitions.......  7/20/1998           7/05/2011, 76 FR
                                                                          38977
Section 2511.C.................  Registration......  10/20/2005          7/05/2011, 76 FR
                                                                          38977
Section 2511.E.5...............  Restrictions on     10/20/1995          7/05/2011, 76 FR
                                  Emissions.                              38977
Section 2511.E.6.a.-d..........  Restrictions on     12/20/1996          7/05/2011, 76 FR
                                  Emissions.                              38977
----------------------------------------------------------------------------------------------------------------
                                        Subchapter C. Refuse Incinerators
----------------------------------------------------------------------------------------------------------------
Section 2521...................  Refuse              10/20/1994          7/05/2011, 76 FR
                                  Incinerators.                           38977
Section 2521.E. and 2521.F.9.a.- Refuse              12/20/1996          7/05/2011, 76 FR
 d.                               Incinerators.                           38977
Section 2521.F.10..............  Refuse              10/20/2005          7/05/2011, 76 FR
                                  Incinerators.                           38977
----------------------------------------------------------------------------------------------------------------

[[Page 835]]

 
                     Chapter 30. Standards of Performance from New Stationary Sources (NSPS)
----------------------------------------------------------------------------------------------------------------
Chapter 30.....................  Standards of        12/20/1996          7/05/2011, 76 FR
                                  Performance from                        38977
                                  New Stationary
                                  Sources (NSPS).
Section 3001...................  Repeal and          12/20/1996          7/05/2011, 76 FR
                                  Renumbering.                            38977
----------------------------------------------------------------------------------------------------------------
                                    Subchapter A. Incorporation by Reference
----------------------------------------------------------------------------------------------------------------
Section 3003...................  IBR 40 Code of      12/20/2006          7/05/2011, 76 FR
                                  Federal                                 38977
                                  Regulations (CFR)
                                  Part 60.
----------------------------------------------------------------------------------------------------------------
                           Chapter 56--Prevention of Air Pollution Emergency Episodes
----------------------------------------------------------------------------------------------------------------
Section 5601...................  Purpose...........  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                                      LR13:741            09795
Section 5603...................  Scope.............  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                                      LR13:741            09795
Section 5605...................  Episode Criteria    Dec. 1987,          03/08/89 54 FR       Ref 52.999(c)(49)
                                  and Air Pollution   LR13:741            09795
                                  Forecast.
Section 5607...................  Administrative      Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Authority Will      LR13:741            09795
                                  Determine When
                                  Criteria Level
                                  Has Been Reached.
Section 5609...................  Preplanning         Jun. 1988,          06/15/89, 54 FR      Ref 52.999(c)(50)
                                  Strategies          LR14:348            25451
                                  Required: Alert
                                  Level, Warning
                                  Level, and
                                  Emergency Level.
Section 5611...................  Standby Plans to    Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  be Submitted When   LR13:741            09795
                                  Requested by
                                  Administrative
                                  Authority.
Table 5........................  Emission Reduction  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Plans--Alert        LR13:741            09795
                                  Level.
Table 6........................  Emission Reduction  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Plans--Warning      LR13:741            09795
                                  Level.
Table 7........................  Emission Reduction  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Plans--Emergency    LR13:741            09795
                                  Level.
----------------------------------------------------------------------------------------------------------------
                         Chapter 63--Test Methods--LESHAP Division's Source Test Manual
----------------------------------------------------------------------------------------------------------------
6301 to 6401...................  40 CFR 61,          Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Appendix B Test     LR13:741            09795
                                  Methods.
----------------------------------------------------------------------------------------------------------------
            Chapter 65--Rules and Regulations for the Fee System of the Air Quality Control Programs
----------------------------------------------------------------------------------------------------------------
Section 6501...................  Scope and Purpose.  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                                      LR13:741            09795
Section 6503...................  Authority.........  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                                      LR13:741            09795
Section 6505...................  Definitions.......  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                                      LR13:741            09795
Section 6507...................  Application Fees..  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                                      LR13:741            09795
Section 6509...................  Annual Fees.......  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                                      LR13:741            09795
Section 6511...................  Methodology.......  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                                      LR13:741            09795
Section 6513...................  Determination of    Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                  Fee.                LR13:741            09795
Section 6515...................  Method of Payment.  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                                      LR13:741            09795
Section 6517...................  Late Payment......  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                                      LR13:741            09795
Section 6519...................  Failure to Pay....  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                                      LR13:741            09795
Section 6521...................  Effective Date....  Dec. 1987,          03/08/89, 54 FR      Ref 52.999(c)(49)
                                                      LR13:741            09795
Section 6523...................  Fee Schedule        Nov. 1992,          03/25/94, 59 FR      Ref 52.999(c)(61).
                                  Listing.            LR18:1256           14114
----------------------------------------------------------------------------------------------------------------
                  LAC Title 55. Part III. Motor Vehicles, Chapter 8. Motor Vehicle Inspections
----------------------------------------------------------------------------------------------------------------
Subchapter A...................                                      General
----------------------------------------------------------------------------------------------------------------
 
Section 801....................  Definitions.......  Dec. 1999, LR       09/26/02, 67 FR
                                                      25:2421             60594
Section 803....................  Forward...........  Dec. 1999, LR       09/26/02, 67 FR
                                                      25:2421             60594
----------------------------------------------------------------------------------------------------------------
Subchapter B...................                                 Safety Inspections
----------------------------------------------------------------------------------------------------------------
 
Section 805....................  Requirements,       Dec. 2001, LR       09/26/02, 67 FR
                                  Duties,             27:2260             60594
                                  Responsibilities.
Section 807....................  Operation as an     Dec. 2001, LR       09/26/02, 67 FR
                                  Official Motor      27:2260             60594
                                  Vehicle
                                  Inspection
                                  Station.
Section 809....................  General Inspection  Dec. 1999, LR       09/26/02, 67 FR
                                  Requirements.       25:2426             60594

[[Page 836]]

 
Section 811....................  Inspection          Dec. 1999, LR       09/26/02, 67 FR
                                  Procedures.         25:2427             60594
Section 813....................  Required Equipment  Dec. 1999, LR       09/26/02, 67 FR
                                                      25:2428             60594
Section 815....................  Miscellaneous       Dec. 1999, LR       09/26/02, 67 FR
                                  Inspection          25:2433             60594
                                  Procedures.
----------------------------------------------------------------------------------------------------------------
Subchapter C...................                Vehicle Emission Inspection and Maintenance Program
----------------------------------------------------------------------------------------------------------------
 
Section 817....................  General             Dec. 1999, LR       09/26/02, 67 FR
                                  Information.        25:2433             60594
Section 819....................  Anti-tampering and  May 5, 2006         November 13, 2006,
                                  Inspection and                          71 FR 66113
                                  Maintenance
                                  Parameters.
----------------------------------------------------------------------------------------------------------------
Subchapter E...................                        Administrative and Audit Procedures
----------------------------------------------------------------------------------------------------------------
 
Section 833....................  Investigations;     Dec. 2001, LR       09/26/02, 67 FR
                                  Administrative      27:2260             60594
                                  Actions;
                                  Sanctions.
Section 835....................  Declaratory Orders  Dec. 1999, LR       09/26/02, 67 FR      ..................
                                  and Rulings.        25:2442             60594
----------------------------------------------------------------------------------------------------------------

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

                               EPA-Approved Louisiana Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                         State
                                                       approval/
          Name of source              Permit number    effective    EPA approval date            Comments
                                                          date
----------------------------------------------------------------------------------------------------------------
Lead SIP for Ethyl Corp. in Baton   Compliance order.   01/27/89  06/27/89, 54 FR 27002  Amended Compliance
 Rouge.                                                                                   order dated 01/31/86.
                                                                                          Modeling 05/27/88.
                                                                                          State letter 01/27/89.
                                                                                          Ref 52.999(c)(51)
Vulcan Materials Company Facility   1829T(M-2).......   07/28/89  10/10/89, 54 FR 41444  Revision of Bubble
 in Geiser, Ascension Parish.                                                             Permit. Issued 03/24/
                                                                                          83, amended 07/28/89.
                                                                                          Ref 52.999(c)(52)
American Cyanamid Company Fortier   1896(M-2)........   07/20/89  11/27/89, 54 FR 48743  Revision of Bubble
 Plant in Westwego, Jefferson                                                             Permit. Issued 10/17/
 Parish.                                                                                  84, amended 07/20/89.
                                                                                          Ref 52.999(c)(53)
Vista Chemical Company Facility in  1828(M-2)........   09/25/86  02/02/90, 55 FR 03598  Bubble Permit.
 Westlake, Louisiana.                                                                     Submitted by Governor
                                                                                          on 11/22/83, amended
                                                                                          09/25/86. Ref
                                                                                          52.999(c)(54)
Union Carbide Facility in           1836T(M-1).......   05/05/90  07/18/90, 55 FR 29205  Revision of Bubble
 Hahnville, Louisiana.                                                                    Permit. Submitted by
                                                                                          Governor on 10/19/83,
                                                                                          amended 04/23/87,
                                                                                          revised 05/05/90. Ref
                                                                                          52.999(c)(55)
Dow Chemical Facility in            1838T(M-2).......   10/16/91  10/04/94, 59 FR 50500  Revision of Bubble
 Plaquemine, Iberville Parish.                                                            Permit. Issued 7/28/
                                                                                          83, amended 10/16/91.
                                                                                          Ref 52.999(c)(62)
Exxon Compliance Date Extension,    N/A..............   09/12/97  05/11/98, 63 FR 25773  Extension of compliance
 Baton Rouge Refinery.                                                                    date to LAC 33:III,
                                                                                          2103.D.4 Ref
                                                                                          52.999(c)(79).
Borden Chemicals and Plastics in    Reasonable          10/24/96  07/02/99, 64 FR 35939  Submitted as part of
 Baton Rouge.                        Further Progress                                     the Baton Rouge, LA
                                     Agreed To Order.                                     Post-1996 ROP Plan
----------------------------------------------------------------------------------------------------------------

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

[[Page 837]]



                              EPA Approved Louisiana Statutes in the Louisiana SIP
----------------------------------------------------------------------------------------------------------------
                                                       State
                                                     approval/
    State citation             Title/subject         effective     EPA approval date             Comments
                                                        date
----------------------------------------------------------------------------------------------------------------
 LA. R.S. of 1950. Title 40, Chapter 12. The Louisiana Air Control Law, Part 1, Louisiana Air Control Commission
----------------------------------------------------------------------------------------------------------------
40:2201..............  Citation....................  Apr. 1979  02/14/80, 45 FR 09909    Ref 52.999(c)(15)
40:2202..............  Definition..................  Apr. 1979  02/14/80, 45 FR 09909    Ref 52.999(c)(15)
40:2203..............  Commission created;           Apr. 1979  02/14/80, 45 FR 09909    Ref 52.999(c)(15)
                        domicile; membership;
                        tenure; meetings.
40:2204..............  Powers and Duties of          Apr. 1979  02/14/80, 45 FR 09909    Ref 52.999(c)(15)
                        Commission.
40:2205..............  Powers and Duties of          Apr. 1979  02/14/80, 45 FR 09909    Ref 52.999(c)(15)
                        Technical Secretary.
40:2206..............  Approval of rules and         Apr. 1979  02/14/80, 45 FR 09909    Ref 52.999(c)(15)
                        regulations; public
                        hearings; difference.
40:2207..............  Validity of rules or          Apr. 1979  02/14/80, 45 FR 09909    Ref 52.999(c)(15)
                        regulations; declaratory
                        judgement.
40:2208..............  Investigations; complaints;   Apr. 1979  02/14/80, 45 FR 09909    Ref 52.999(c)(15)
                        hearings; recommendations.
40:2209..............  Procedure at hearings.......  Apr. 1979  02/14/80, 45 FR 09909    Ref 52.999(c)(15)
40:1077..............  Secret processes or methods    01/01/80  06/09/82, 47 FR 25013    Ref 52.999(c)(39)
                        as confidential.                                                 Old section name 2210
40:2211..............  Variances...................  Apr. 1979  02/14/80, 45 FR 09909    Ref 52.999(c)(15)
40:2212..............  Failure to act on petition    Apr. 1979  02/14/80, 45 FR 09909    Ref 52.999(c)(15)
                        for variance.
40:2213..............  Judicial review.............  Apr. 1979  02/14/80, 45 FR 09909    Ref 52.999(c)(15)
40:2214..............  Injunction; penalties for     Apr. 1979  02/14/80, 45 FR 09909    Ref 52.999(c)(15)
                        violations of orders of the
                        commission.
40:2215..............  Actions inuring to benefit    Apr. 1979  02/14/80 45 FR 09909     Ref 52.999(c)(15)
                        the state.
40:2216..............  Act as exclusive means of     Apr. 1979  02/14/80, 45 FR 09909    Ref 52.999(c)(15)
                        control; nuisances.
----------------------------------------------------------------------------------------------------------------
   LA. R.S. of 1992. Title 30 and 36, Subtitle II. Environmental Quality, Chapter 3. Louisiana Air Control Law
----------------------------------------------------------------------------------------------------------------
30:2060 N.6..........  Toxic air pollution emission   10/22/92  06/23/94, 59 FR 32359    Ref 52.999(c)(63)
                        control program.
30:2061..............  Small Business Stationary      10/22/92  06/23/94, 59 FR 32359    Ref 52.999(c)(63)
                        Source Technical and
                        Environmental Compliance
                        Assistance Program.
30:2062..............  Louisiana Small Business       10/22/92  06/23/94, 59 FR 32359    Ref 52.999(c)(63)
                        Compliance Advisory panel.
36:239(H)............  Transfer of agencies and       10/22/92  06/23/94, 59 FR 32359    Ref 52.999(c)(63).
                        functions to the Department
                        of Environmental Quality.
----------------------------------------------------------------------------------------------------------------


                  EPA Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                                            State
                                                          submittal
      Name of SIP provision        Applicable geographic    date/       EPA approval date        Explanation
                                   or nonattainment area  effective
                                                             date
----------------------------------------------------------------------------------------------------------------
Federal Hydrocarbon Standards...  Region 106, SE LA-SE     03/30/73  06/22/73 38 FR 16565    Ref 52.999(c)(04)
                                   TX AQCR.
PM Strategy.....................  Region 106, SE LA-SE     01/02/73  07/19/77, 42 FR 37000   Ref 52.999(c)(06)
                                   TX AQCR.
Air Quality Maintenance Area for  Shreveport, LA........   12/09/77  08/18/78, 43 FR 36628   Ref 52.999(c)(09)
 PM.
Air Quality Surveillance Network  New Orleans, LA.......   04/03/78  01/29/79, 44 FR 05601   Ref 52.999(c)(10)
                                                                                             Change of sampling
                                                                                              site location
Louisiana Ozone SIP.............  Nonattainment areas,     04/30/79  02/14/80, 45 FR 09909   Ref 52.999(c)(15)
                                   AQCR 022 and 106.                                         Part D requirement
Evidence of Notice and Public     Statewide.............   06/20/79  02/10/82, 47 FR 06017   Ref 52.999(c)(16)
 Hearing.
Emission Inventory..............  Nonattainment areas...   08/28/78  02/14/80, 45 FR 09909   Ref 52.999(c)(17)
Air Quality Surveillance Network  Statewide.............   01/10/80  08/06/81, 46 FR 40006   Ref 52.999(c)(20)
                                                                                             Final Revisions to
                                                                                              ambient monitoring
Lead SIP........................  Baton Rouge, LA.......   10/31/83  05/01/84, 49 FR 18485   Ref 52.999(c)(40)
NSR and Visibility Monitoring...  Class I Federal Areas    10/14/85  06/10/86, 51 FR 20969   Ref 52.999(c)(44)
                                   in LA.
Small Business Program..........  Statewide.............   10/22/92  06/23/94, 59 FR 32359   Ref 52.999(c)(63)
Redesignation Request and         Pointe Coupe Parish...   12/20/95  01/06/97, 61 FR 00648   Ref 52.999(c)(70)
 Maintenance Plan.

[[Page 838]]

 
VOC RACT Negative Declarations..  Baton Rouge              12/15/95  10/30/96, 61 FR 55894   Ref 52.999(c)(72)
                                   nonattainment area.
Redesignation Request and         Calcasieu Parish......   12/20/95  05/02/97, 62 FR 24036   Ref 52.999(c)(73).
 Maintenance Plan.
Contingency Plan................  Baton Rouge, LA.......   12/28/01  09/26/02, 67 FR 60590   Substitute measure
                                                                                              to replace the
                                                                                              measure approved
                                                                                              on 07/02/99, 64 FR
                                                                                              35939
Clean Fuel Fleet Program          Baton Rouge, LA.......   03/21/99  07/19/99 64 FR 38580    Substituted above
 Substitution.                                                                                RACT VOC emission
                                                                                              reductions from
                                                                                              storage tank rule
                                                                                              LAC 33:III.2103
Attainment Demonstration for the  Baton Rouge, LA.......   12/31/01  10/02/02, 67 FR 61786
 1-Hour Ozone NAAQS.
Ozone Attainment Date Extension   Baton Rouge, LA.......   12/31/01  10/02/02, 67 FR 61786
 to 11/15/05.
2005 Motor Vehicle Emissions      Baton Rouge, LA.......   12/31/01  10/02/02, 67 FR 61786
 Budgets.
Enforceable Transportation        Baton Rouge, LA.......   12/31/01  10/02/02, 67 FR 61786
 Control Measure Appendix F.
Enforceable commitment to         Baton Rouge, LA.......   12/31/01  10/02/02, 67 FR 61786
 perform a mid-course review and
 submit a SIP and revision by 05/
 01/04.
Post 1996 Rate of Progress Plan   Baton Rouge, LA.......   12/31/01  10/02/02, 67 FR 61786
 Revisions.
15% Rate of Progress Plan         Baton Rouge, LA.......   12/31/01  10/02/02, 67 FR 61786
 Revisions.
1990 VOC Base Year Inventory      Baton Rouge, LA.......   12/31/01  10/02/02, 67 FR 61786
 Revisions.
Reasonable Available Control      Baton Rouge, LA.......   12/31/01  10/02/02, 67 FR 61786
 Measure Analysis.
Air Quality Improvement Plan, 8-  Bossier, Caddo and       12/28/04  8/22/05, 70 FR 48880
 hour ozone standard attainment    Webster Parishes, LA.
 demonstration and associated
 control measures for the
 Shreveport-Bossier City EAC
 area.
Vehicle Miles Traveled Offset     Baton Rouge              03/22/05  11/21/06, 71 FR 67308
 Analysis.                         Nonattainment Area.
Clean Air Interstate Rule Sulfur  Statewide.............   09/22/06  07/20/07, 72 FR 39741   Acid Rain Program
 Dioxide Trading Program.                                                                     Provisions NOT in
                                                                                              SIP.
Clean Air Interstate Rule         Statewide.............  .........  09/28/2007; 72 FR       SIP revision also
 Nitrogen Oxides Annual and                                           55064                   addresses CAA
 Ozone Season Trading Programs.                                                               110(a)(2)(D)(i)--I
                                                                                              nterstate
                                                                                              Transport. The
                                                                                              protection of
                                                                                              visibility
                                                                                              requirement will
                                                                                              be re-evaluated
                                                                                              after submission
                                                                                              of the regional
                                                                                              haze SIP.

[[Page 839]]

 
8-Hour Ozone Section 110          Beauregard Parish, LA.    8/23/06  11/06/07, 72 FR 62579
 Maintenance Plan.
8-Hour Ozone Section 110          Grant Parish, LA......    8/23/06  11/06/07, 72 FR 62579
 Maintenance Plan.
8-Hour Ozone Section 110          St. Mary Parish, LA...    9/27/06  11/06/07, 72 FR 62579
 Maintenance Plan.
8-Hour Ozone Section 110          Lafayette Parish, LA..   10/13/06  3/24/08, 73 FR 15411
 Maintenance Plan.
8-Hour Ozone Section 110          Lafourche Parish, LA..   12/19/06  3/24/08, 73 FR 15411
 Maintenance Plan.
1997 8-Hour Ozone Section 110     New Orleans Ozone         6/29/07  9/16/08.                ...................
 Maintenance Plan.                 Maintenance Area                  73 FR 53373
                                   (including Jefferson,
                                   Orleans, St. Bernard
                                   and St. Charles
                                   Parishes), LA.
1997 8-Hour Ozone Section 110     Calcasieu Parish (Lake    7/20/07  10/09/08, 73 FR 59518
 Maintenance Plan.                 Charles Area), LA.
1997 8-Hour Ozone Section 110     St. James Parish, LA..    8/24/07  10/09/08, 73 FR 59518   ...................
 Maintenance Plan.
2002 Emission Inventory.........  Baton Rouge, LA.......    7/31/07  9/3/2009, 74 FR 45561
Infrastructure for the 1997       Statewide.............   12/11/07  7/19/11, 76 FR 42549    Approval for CAA
 Ozone and 1997 PM2.5 NAAQS.                                 1/7/08                           sections
                                                            3/24/11                           110(a)(2)(A), (B),
                                                                                              (C), (D)(ii), (E),
                                                                                              (F), (G), (H),
                                                                                              (J), (K), (L), and
                                                                                              (M).
Baton Rouge Ozone Nonattainment   Baton Rouge, LA.......    8/31/10  11/30/11, 76 FR 74000.
 Area Redesignation Request and
 Maintenance Plan.
----------------------------------------------------------------------------------------------------------------


[63 FR 63183, Nov. 12, 1998, as amended at 64 FR 415, Jan. 5, 1999; 64 
FR 35939, July 2, 1999; 64 FR 38580, July 19, 1999; 64 FR 72938, Dec. 
29, 1999; 66 FR 29493, May 31, 2001; 67 FR 41842, June 20, 2002; 67 FR 
60593, 60595, Sept. 26, 2002; 67 FR 60877, 60885, Sept. 27, 2002; 67 FR 
61270, Sept. 30, 2002; 67 FR 61801, Oct. 2, 2002; 70 FR 48882, Aug. 22, 
2005; 71 FR 63250, Oct. 30, 2006; 71 FR 66115, Nov. 13, 2006; 71 FR 
67310, Nov. 21, 2006; 72 FR 39745, July 20, 2007; 72 FR 55067, Sept. 28, 
2007; 72 FR 62584, Nov. 6, 2007; 73 FR 15415, Mar. 24, 2008; 73 FR 
53377, Sept. 16, 2008; 73 FR 59522, Oct. 9, 2008; 74 FR 45563, Sept. 3, 
2009; 76 FR 38980, July 5, 2011; 76 FR 42556, July 19, 2011; 76 FR 
74002, Nov. 30, 2011; 76 FR 75469, Dec. 2, 2011]



Sec. 52.971  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Southern Louisiana-Southeast Texas Interstate.............          II          I       III       III          I
Shreveport-Texarkana-Tyler Interstate.....................          II        III       III       III        III
Monroe-El Dorado Interstate...............................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10869, May 31, 1972, as amended at 45 FR 9909, Feb. 14, 1980]

[[Page 840]]



Sec. Sec. 52.972-52.974  [Reserved]



Sec. 52.975  Redesignations and maintenance plans; ozone.

    (a) Approval. The Louisiana Department of Environmental Quality 
(LDEQ) submitted redesignation requests and maintenance plans for the 
areas of Beauregard, Lafourche, and St. Mary Parishes on June 14, 1993. 
Redesignation requests and maintenance plans were submitted for the 
areas of Grant and Lafayette on May 25, 1993. The EPA deemed these 
requests complete on September 10, 1993. Several approvability issues 
existed, however. The LDEQ addressed these approvability issues in 
supplemental ozone redesignation requests and revised maintenance plans. 
These supplemental submittals were received for the areas of Beauregard, 
Grant, Lafayette, Lafourche, and St. Mary Parishes on March 27, 1995, 
December 12, 1994, October 21, 1994, November 18, 1994, and November 23, 
1994, respectively. The redesignation requests and maintenance plans 
meet the redesignation requirements in section 107(d)(3)(E) of the Act 
as amended in 1990. The redesignations meet the Federal requirements of 
section 182(a)(1) of the Clean Air Act as a revision to the Louisiana 
ozone State Implementation Plan for these areas. The EPA therefore 
approved the request for redesignation to attainment with respect to 
ozone for the areas of Beauregard, Grant, Lafayette, Lafourche, and St. 
Mary Parishes on October 17, 1995.
    (b) Approval--The Louisiana Department of Environmental Quality 
(LDEQ) submitted a redesignation request and maintenance plan for St. 
James Parish on May 25, 1993. The EPA deemed this request complete on 
September 10, 1993. Several approvability issues existed, however. The 
LDEQ addressed these approvability issues in a supplemental ozone 
redesignation request and revised maintenance plan. This supplemental 
submittal was received for St. James Parish on December 15, 1994. The 
redesignation request and maintenance plan meet the redesignation 
requirements in section 107(d)(3)(E) of the Act as amended in 1990. The 
redesignation meets the Federal requirements of section 182(a)(1) of the 
Clean Air Act as a revision to the Louisiana ozone State Implementation 
Plan for this parish. The EPA therefore approved the request for 
redesignation to attainment with respect to ozone for St. James Parish 
on November 13, 1995.
    (c) Approval--The Louisiana Department of Environmental Quality 
(LDEQ) submitted a redesignation request and maintenance plan for the 
New Orleans CMSA on April 23, 1993. The EPA deemed this request complete 
on September 10, 1993. Several approvability issues existed, however. 
The LDEQ addressed these approvability issues in a supplemental ozone 
redesignation request and revised maintenance plan. This supplemental 
submittal was received on October 14, 1994. The redesignation request 
and maintenance plans meet the redesignation requirements in section 
107(d)(3)(E) of the Act as amended in 1990. The redesignation meets the 
Federal requirements of section 182(a)(1) of the Clean Air Act as a 
revision to the Louisiana ozone State Implementation Plan for Jefferson, 
Orleans, St. Bernard, and St. Charles Parishes. The EPA therefore 
approved the request for redesignation to attainment with respect to 
ozone for 7Jefferson, Orleans, St. Bernard, and St. Charles Parishes on 
December 1, 1995.
    (d) Approval--The Louisiana Department of Environmental Quality 
submitted a redesignation request and maintenance plan for Pointe Coupee 
Parish on December 20, 1995. The redesignation request and maintenance 
plan meet the redesignation requirements in section 107(d)(3)(E) of the 
Act as amended in 1990. The redesignation meets the Federal requirements 
of section 182(a)(1) of the Clean Air Act as a revision to the Louisiana 
ozone State Implementation Plan for Pointe Coupee Parish. The EPA 
therefore approved the request for redesignation to attainment with 
respect to ozone for Pointe Coupee Parish on December 20, 1996.
    (e) Approval--The Louisiana Department of Environmental Quality 
submitted a redesignation request and maintenance plan for Calcasieu 
Parish on December 20, 1995. The redesignation request and maintenance 
plan meet the redesignation requirements in

[[Page 841]]

section 107(d)(3)(E) of the Act. The redesignation meets the Federal 
requirements of section 182(a)(1) of the Act as a revision to the 
Louisiana ozone State Implementation Plan for Calcasieu Parish. The EPA 
therefore approved the request for redesignation to attainment with 
respect to ozone for Calcasieu Parish on June 2, 1997.
    (f) Approval--The Louisiana Department of Environmental Quality 
(LDEQ) submitted minimal maintenance plans for Lafourche Parish on 
November 18, 1994. The LDEQ submitted a redesignation request on August 
9, 2000. The maintenance plans meet the redesignation requirements in 
section 107(d)(3)(E) of the Act as amended in 1990. The redesignation 
meets the Federal requirements of section 182(a)(1) of the Clean Air Act 
as a revision to the Louisiana ozone State Implementation Plan for 
Lafourche Parish.
    (g) Approval--The Louisiana Department of Environmental Quality 
(LDEQ) submitted to the EPA a request on December 4, 2000, to revise the 
Louisiana SIP for Beauregard, St. Mary, Lafayette, and Grant Parishes 
and the New Orleans Consolidated Metropolitan Statistical Area ozone 
maintenance area. The revision involves changes to the approved 
contingency plans. The contingency measures and the schedule for 
implementation satisfy the requirements of section 175A(d) of the Act. 
The EPA therefore approved this request on June 20, 2003.
    (h) Approval. The Louisiana Department of Environmental Quality 
(LDEQ) submitted 8-hour ozone maintenance plans for the areas of 
Beauregard, Grant, and St. Mary Parishes on August 23, 2006, August 23, 
2006, and October 10, 2006, respectively. The three areas are designated 
unclassifiable/attainment for the 8-hour ozone standard. EPA determined 
these requests for Beauregard, Grant, and St. Mary Parishes were 
complete on October 9, 2006, October 9, 2006, and November 30, 2006, 
respectively. The maintenance plans meet the requirements of section 
110(a)(1) of the Clean Air Act, and are consistent with EPA's 
maintenance plan guidance document dated May 20, 2005. The EPA therefore 
approved the 8-hour ozone maintenance plans for the areas of Beauregard, 
Grant, and St. Mary parishes on November 6, 2007.
    (i) Approval. The Louisiana Department of Environmental Quality 
(LDEQ) submitted 8-hour ozone maintenance plans for the Lafayette and 
Lafourche Parish areas on October 13, 2006 and December 19, 2006, 
respectively. The two areas are designated unclassifiable/attainment for 
the 8-hour ozone standard. EPA determined these requests for Lafayette 
and Lafourche Parishes were complete on November 30, 2006 and May 2, 
2007, respectively. These maintenance plans meet the requirements of 
section 110(a)(1) of the Clean Air Act, and are consistent with EPA's 
maintenance plan guidance document dated May 20, 2005. The EPA therefore 
approved the 8-hour ozone maintenance plans for the Lafayette and 
Lafourche Parish areas on March 24, 2008.
    (j) Approval. The Louisiana Department of Environmental Quality 
(LDEQ) submitted 1997 8-hour ozone NAAQS maintenance plans for the areas 
of Calcasieu and St. James Parishes on July 20, 2007, and August 24, 
2007, respectively. The two areas are designated unclassifiable/
attainment for the 1997 8-hour ozone standard. EPA determined these 
requests for Calcasieu and St. James Parishes were complete on October 
5, 2007, and October 16, 2007, respectively. The maintenance plans meet 
the requirements of section 110(a)(1) of the Clean Air Act, and are 
consistent with EPA's maintenance plan guidance document dated May 20, 
2005. The EPA therefore approved the 1997 8-hour ozone NAAQS maintenance 
plans for the areas of Calcasieu and St. James Parishes on October 9, 
2008.
    (k) Approval. The LDEQ submitted a maintenance plan addressing the 
1997 8-hour ozone standard for the New Orleans Ozone Maintenance Area on 
June 29, 2007. This area is designated unclassifiable/attainment for the 
1997 ozone standard. EPA determined this request for the New Orleans 
Ozone Maintenance Area was complete on August 8, 2007. This maintenance 
plan meets the requirements of section 110(a)(1) of the CAA, and is 
consistent with EPA's maintenance plan guidance

[[Page 842]]

document dated May 20, 2005. The EPA therefore approved the 1997 8-hour 
ozone NAAQS maintenance plan for the New Orleans Ozone Maintenance Area 
including the parishes of Jefferson, Orleans, St. Bernard and St. 
Charles on September 16, 2008.

[60 FR 43025, Aug. 18, 1995, as amended at 60 FR 47285, Sept. 12, 1995; 
60 FR 51360, Oct. 2, 1995; 62 FR 652, Jan. 6, 1997; 62 FR 24038, May 2, 
1997; 62 FR 64286, Dec. 5, 1997; 66 FR 66321, Dec. 26, 2001; 68 FR 
19375, Apr. 21, 2003; 72 FR 62584, Nov. 6, 2007; 73 FR 15416, Mar. 24, 
2008; 73 FR 53378, Sept. 16, 2008; 73 FR 59523, Oct. 9, 2008]



Sec. 52.976  Review of new sources and modification.

    (a) Section 6.7 of Regulation 6.0 is disapproved since it could 
conflict with the preconstruction requirements for the prevention of 
significant deterioration (PSD) of air quality.
    (b) Section 6.9 of Regulation 6.0 is disapproved since it could 
conflict with the preconstruction requirements for the prevention of 
significant deterioration (PSD) of air quality and the Administrator's 
Interpretative on Rule of December 21, 1976.

[44 FR 18491, Mar. 28, 1979, as amended at 47 FR 6017, Feb. 10, 1982]



Sec. 52.977  Control strategy and regulations: Ozone.

    (a) Determination of Attainment. Effective March 12, 2010 EPA has 
determined the Baton Rouge 1-hour ozone nonattainment area has attained 
the 1-hour ozone National Ambient Air Quality Standard (NAAQS). Under 
the provisions of EPA's Clean Data Policy, this determination suspends 
the requirements for this area to submit a severe attainment 
demonstration, a severe reasonable further progress plan, applicable 
contingency measures plans, and other planning Louisiana State 
Implementation Plan (SIP) requirements related to attainment of the 1-
hour ozone NAAQS for so long as the area continues to attain the 1-hour 
ozone NAAQS.
    (b) Determination of Attainment. Effective October 12, 2010 EPA has 
determined that the Baton Rouge 8-hour ozone nonattainment area has 
attained the 1997 8-hour ozone National Ambient Air Quality Standard 
(NAAQS). Under the provisions of 40 CFR 51.918 this determination 
suspends the requirements for this area to submit an attainment 
demonstration, a reasonable further progress plan, applicable 
contingency measures, and other planning Louisiana State Implementation 
Plan (SIP) requirements related to attainment of the 1997 8-hour ozone 
NAAQS for so long as the area continues to attain the 1997 8-hour ozone 
NAAQS.
    (c) Determination to Terminate the Clean Air Act Section 185 Penalty 
Fee Requirement. Effective September 6, 2011 EPA has determined that the 
State of Louisiana is no longer required to submit a section 185 fee 
program State Implementation Plan (SIP) revision for the Baton Rouge 
ozone nonattainment area to satisfy anti-backsliding requirements for 
the 1-hour ozone standard. This determination is based on EPA's 
determination that the area has attained the 1-hour ozone standard due 
to permanent and enforceable emissions reductions.
    (d) Redesignation for the 1997 8-hour Ozone Standard. Effective 
December 30, 2011, EPA has redesignated the Baton Rouge area to 
attainment for the 1997 8-hour ozone standard. With this final 
redesignation to attainment for the 1997 8-hour ozone NAAQS and the 
final determination of attainment for the 1-hour ozone NAAQS in 
paragraph (a) of this section, the 1-hour anti-backsliding obligations 
to submit planning SIPs to meet the attainment demonstration and 
reasonably available control measures requirements, the rate of progress 
and contingency measures requirements, and any other outstanding 1-hour 
requirements, cease to apply.

[75 FR 6575, Feb. 10, 2010, as amended at 75 FR 54779, Sept. 9, 2010; 76 
FR 39777, July 7, 2011; 76 FR 74002, Nov. 30, 2011]



Sec. Sec. 52.978-52.983  [Reserved]



Sec. 52.984  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 Louisiana and for which requirements are set forth under the 
Federal CAIR NOX Annual Trading Program in subparts

[[Page 843]]

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 
Louisiana 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 Louisiana 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 
Louisiana 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.
    (c) Notwithstanding any provisions of paragraphs (a) and (b) of this 
section and subparts AA through II and AAAA through IIII of part 97 of 
this chapter to the contrary:
    (1) With regard to any control period that begins after December 31, 
2011,
    (i) The provisions in paragraphs (a) and (b) of this section 
relating to NOX annual or ozone season emissions shall not be 
applicable; and
    (ii) The Administrator will not carry out any of the functions set 
forth for the Administrator in subparts AA through II and AAAA through 
IIII of part 97 of this chapter;
    (2) The Administrator will not deduct for excess emissions any CAIR 
NOX allowances or CAIR NOX Ozone Season allowances 
allocated for 2012 or any year thereafter;
    (3) By November 7, 2011, the Administrator will remove from the CAIR 
NOX Allowance Tracking System accounts all CAIR 
NOX allowances allocated for a control period in 2012 and any 
subsequent year, and, thereafter, no holding or surrender of CAIR 
NOX allowances will be required with regard to emissions or 
excess emissions for such control periods; and
    (4) By November 7, 2011, the Administrator will remove from the CAIR 
NOX Ozone Season Allowance Tracking System accounts all CAIR 
NOX Ozone Season allowances allocated for a control period in 
2012 and any subsequent year, and, thereafter, no holding or surrender 
of CAIR NOX Ozone Season allowances will be required with 
regard to emissions or excess emissions for such control periods.
    (d)(1) The owner and operator of each source and each unit located 
in the State of Louisiana and Indian country within the borders of the 
State and for which requirements are set forth under the TR 
NOX Ozone Season Trading Program in subpart BBBBB of part 97 
of this chapter must comply with such requirements. The obligation to 
comply with such requirements with regard to sources and units in the 
State will be eliminated by the promulgation of an

[[Page 844]]

approval by the Administrator of a revision to Louisiana's State 
Implementation Plan (SIP) as correcting in part the SIP's deficiency 
that is the basis for the TR Federal Implementation Plan under Sec. 
52.38(b), except to the extent the Administrator's approval is partial 
or conditional. The obligation to comply with such requirements with 
regard to sources and units located in Indian country within the borders 
of the State will not be eliminated by the promulgation of an approval 
by the Administrator of a revision to Louisiana's SIP.
    (2) Notwithstanding the provisions of paragraph (d)(1) of this 
section, if, at the time of the approval of Louisiana's SIP revision 
described in paragraph (d)(1) of this section, the Administrator has 
already started recording any allocations of TR NOX Ozone 
Season allowances under subpart BBBBB of part 97 of this chapter to 
units in the State for a control period in any year, the provisions of 
subpart BBBBB of part 97 of this chapter authorizing the Administrator 
to complete the allocation and recordation of TR NOX Ozone 
Season allowances to units in the State for each such control period 
shall continue to apply, unless provided otherwise by such approval of 
the State's SIP revision.

[72 FR 62348, Nov.2, 2007, as amended at 76 FR 48366, Aug. 8, 2011]



Sec. 52.985  Visibility protection.

    (a) Regional Haze. The requirements of section 169A of the Clean Air 
Act are not met because the regional haze plan submitted by Louisiana on 
June 13, 2008, does not include fully approvable measures for meeting 
the requirements of 40 CFR 51.308(d)(3) and 51.308(e) with respect to 
emissions of NOX and SO2 from electric generating 
units. EPA has given limited disapproval to the plan provisions 
addressing these requirements.
    (b) [Reserved]

    Effective Date Note: At 77 FR 33657, June 7, 2012, Sec. 52.985 was 
added, effective August 6, 2012.



Sec. 52.986  Significant deterioration of air quality.

    (a) The plan submitted by the Governor of Louisiana on August 14, 
1984 (as adopted by the Secretary of Louisiana Department of 
Environmental Quality (LDEQ) on May 23, 1985), July 26, 1988 (as revised 
and adopted by the LDEQ on May 5, 1988), and October 26, 1990 (as 
revised and adopted by the LDEQ on July 20, 1990), LAC:33:III: Sec. 509 
Prevention of Significant Deterioration (PSD) and its Supplement 
documents, is approved as meeting the requirements of Part C, Clean Air 
Act for preventing significant deterioration of air quality.
    (b) The requirements of sections 160 through 165 of the Clean Air 
Act are not met for federally designated Indian lands since the plan 
(specifically LAC: 33:III:509.A.1) excludes all federally recognized 
Indian lands from the provisions of this regulation. Therefore, the 
provisions of Sec. 52.21 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)(1) Insofar as the Prevention of Significant Deterioration (PSD) 
provisions found in Louisiana's approved plan apply to stationary 
sources of greenhouse gas (GHGs) emissions, the Administrator approves 
that application only to the extent that GHGs are ``subject to 
regulation'', as provided in this paragraph (c), and the Administrator 
takes no action on that application to the extent that GHGs are not 
``subject to regulation.''
    (2) Beginning January 2, 2011, the pollutant GHGs is subject to 
regulation if:
    (i) The stationary source is a new major stationary source for a 
regulated NSR pollutant that is not GHGs, and also will emit or will 
have the potential to emit 75,000 tpy CO2e or more; or
    (ii) The stationary source is an existing major stationary source 
for a regulated NSR pollutant that is not GHGs, and also will have an 
emissions increase of a regulated NSR pollutant, and an emissions 
increase of 75,000 tpy CO2e or more; and
    (3) Beginning July 1, 2011, in addition to the provisions in 
paragraph (c)(2) of this section, the pollutant GHGs shall also be 
subject to regulation:
    (i) At a new stationary source that will emit or have the potential 
to emit 100,000 tpy CO2e; or

[[Page 845]]

    (ii) At an existing stationary source that emits or has the 
potential to emit 100,000 tpy CO2e, when such stationary 
source undertakes a physical change or change in the method of operation 
that will result in an emissions increase of 75,000 tpy CO2e 
or more.
    (4) For purposes of this paragraph (c)--
    (i) The term greenhouse gas shall mean the air pollutant defined in 
40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases: 
Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, 
perfluorocarbons, and sulfur hexafluoride.
    (ii) The term tpy CO2 equivalent emissions 
(CO2e) shall represent an amount of GHGs emitted, and shall 
be computed as follows:
    (A) Multiplying the mass amount of emissions (tpy), for each of the 
six greenhouse gases in the pollutant GHGs, by the gas's associated 
global warming potential published at Table A-1 to subpart A of 40 CFR 
part 98--Global Warming Potentials.
    (B) Sum the resultant value from paragraph (c)(4)(ii)(A) of this 
section for each gas to compute a tpy CO2e.
    (iii) The term emissions increase shall mean that both a significant 
emissions increase (as calculated using the procedures in the EPA-
approved Louisiana Administrative Code (LAC), Title 33, Part III, 
Chapter 5, Section 509, Subsection B) and a significant net emissions 
increase (as defined in LAC 33:III.509.B) occur. For the pollutant GHGs, 
an emissions increase shall be based on tpy CO2e, and shall 
be calculated assuming the pollutant GHGs is a regulated NSR pollutant, 
and ``significant'' is defined as 75,000 tpy CO2e instead of 
applying the value in the EPA-approved definition of ``significant'' at 
LAC 33:III.509.B.

[56 FR 20139, May 2, 1991, as amended at 68 FR 11323, Mar. 10, 2003; 68 
FR 74489, Dec. 24, 2003; 75 FR 82555, Dec. 30, 2010]



Sec. 52.987  Control of hydrocarbon emissions.

    (a) Notwithstanding any provisions to the contrary in the Louisiana 
Implementation Plan, the control measures listed in paragraphs (b) 
through (n) of this section shall be implemented in accordance with the 
schedule set forth below.
    (b) Removal from service of a 10,000 barrel capacity crude oil 
storage tank at the Belcher Station of the Exxon Pipeline Company, 
Belcher, Louisiana, with a final compliance date of January 1, 1980. 
This shall result in an estimated hydrocarbon emission reduction of at 
least 208 tons per year.
    (c) Removal from service of a 55,000 barrel capacity crude oil 
storage tank at the Weller Station of the Exxon Pipeline Company, near 
Minden, Louisiana, with a final compliance date of January 1, 1980. This 
shall result in an estimated hydrocarbon emission reduction of at least 
263 tons per year.
    (d) Installation of emission control systems on three 3,000 barrel 
capacity distillate storage tanks, at the Jones O'Brien Inc., Keatchie, 
Louisiana, with a final compliance date of January 1, 1978. This shall 
result in an estimated hydrocarbon emission reduction of at least 23 
tons per year.
    (e) Installation of emission control systems on crude oil storage 
tanks TK-43, TK-44, T-45 and T-49, and distillate tanks T-46 and T-50 at 
the Atlas Processing Company, Shreveport, Louisiana with a final 
compliance date of January 2, 1980. This shall result in an estimated 
hydrocarbon emission reduction of at least 881 tons per year.
    (f) Installation of emission control systems on crude oil storage 
tanks TK-19-74, TK-HC-74, TK-571-74 and TK-15-74 and agreement to store 
only nonvolatile organic solvent in tanks TK-F2-74, TK-41-74 and TK-40-
74 at the Cotton Valley Solvents Company, Cotton Valley, Louisiana with 
a final compliance date of January 2, 1980. This shall result in an 
estimated hydrocarbon emission reduction of at least 934 tons per year.
    (g) Discontinue use of residue gas in pneumatic instrumentation and 
control systems at the Kerr-McGee Corporation, Devon Corporation, and 
Eason Oil Company, Calhoun Plant, Calhoun, Louisiana with a final 
compliance date of July 1, 1978. This shall result in an estimated 
hydrocarbon emission reduction of at least 21 tons per year.

[[Page 846]]

    (h) Discontinue use of residue gas in pneumatic instrumentation and 
control systems with a final compliance date of July 1, 1978, and 
install emission control systems on distillate storage tanks 2-7 and 2-
13 with a final compliance date of January 2, 1980, at the Kerr-McGee 
Corp., Devon Corp., and Eason Oil Co., Dubach Plant, Dubach, Louisiana. 
This shall result in an estimated hydrocarbon reduction of at least 367 
tons per year.
    (i) Installation of emission control systems on a 37,500 barrel 
capacity crude oil storage tank at Cities Service Pipeline Company, Oil 
City, Louisiana with a final compliance date of February 1, 1980. This 
shall result in an estimated hydrocarbon emission reduction of at least 
208 tons per year.
    (j) Installation of emission control systems on a 25,000 barrel 
capacity crude oil storage tank at Cities Service Pipeline Company, 
Haynesville, Louisiana with a final compliance date of February 1, 1980. 
This shall result in an estimated hydrocarbon emission reduction of at 
least 28 tons per year.
    (k) Installation of emission control systems on a 10,000 barrel 
capacity crude oil storage tank at Cities Service Pipeline Company, 
Summerfield, Louisiana with final compliance achieved in August 1977. 
This shall result in an estimated hydrocarbon emission reduction of at 
least 162 tons per year.
    (l) Installation of emission control systems on a 30,000 barrel 
capacity crude oil storage tank at the Scurlock Oil Company, Lake End, 
Louisiana, with a final compliance date of January 15, 1980. This shall 
result in an estimated hydrocarbon emission reduction of at least 90 
tons per year.
    (m) Installation of emission control systems on a 55,000 barrel 
capacity crude oil storage tank at the Scurlock Oil Company, Dutchtown 
Oil Field near Minden, Louisiana, with a final compliance date of 
January 15, 1980. This shall result in an estimated hydrocarbon emission 
reduction of at least 186 tons per year.
    (n) Installation of emission control systems on distillate storage 
tank No. 414 with a final compliance date of September 1, 1979, and the 
removal from service of tank No. 450 with final compliance achieved on 
December 1, 1977, at the Texas Eastern Products Pipeline Company, 
Sarepta, Louisiana. This shall result in an estimated hydrocarbon 
emission reduction of at least 355 tons per year.

[44 FR 15705, Mar. 15, 1979]



Sec. 52.988  [Reserved]



Sec. 52.990  Stack height regulations.

    The State of Louisiana has committed to submit to EPA a SIP revision 
whenever a new or revised emission limitation for a specific source 
exceeds the height allowed by Section 921(A) ``Good Engineering Practice 
(GEP) Stack Height 1 or 2'' of the State regulations. A letter from the 
Secretary of Louisiana Department of Environmental Quality, dated 
September 23, 1986, stated that:

    In specific, the State regulation, Section 17.14.2 [now LAC 33: Part 
III, Section 921(B)], provides that the degree of emission limitation 
required of any source for control of any air pollutant must not be 
affected by so much of any source's stack height that exceeds good 
engineering practice or by any other dispersion technique. In reference 
to this requirement, the Louisiana Department of Environmental Quality 
or the Administrative Authority will submit to EPA a SIP revision 
whenever the Louisiana Department of Environmental Quality adopts a new 
or revised emission limitation for a specific source that is based on a 
stack height that exceeds the height allowed by Section 17.14.1(e)(1) 
[now LAC 33: Part III, Section 921(A) ``Good Engineering Practice (GEP) 
Stack Height 1''] or Section 17.14.1(e)(2) [now LAC 33: Part III, 
Section 921(A) ``Good Engineering Practice (GEP) Stack Height 2''].

[53 FR 36010, Sept. 16, 1988]



Sec. 52.991  Small business assistance program.

    The Governor of Louisiana submitted on October 22, 1992, a plan 
revision to develop and implement a Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program to meet the 
requirements of section 507 of the Clean Air Act by November 15, 1994. 
The plan commits to provide technical and compliance assistance to small 
businesses, hire an Ombudsman to serve as an independent advocate for 
small businesses, and establish a Compliance Advisory Panel to

[[Page 847]]

advise the program and report to EPA on the program's effectiveness.

[59 FR 32360, June 23, 1994]



Sec. 52.992  Area-wide nitrogen oxides exemptions.

    (a) The Louisiana Department of Environmental Quality submitted to 
the EPA on August 5, 1994, a petition requesting that the 
nonclassifiable ozone nonattainment areas in the State of Louisiana be 
exempted from the requirement to meet the NOX provisions of 
the Federal transportation conformity rule. The exemption request was 
based on monitoring data which demonstrated that the National Ambient 
Air Quality Standard for ozone had been attained in this area for the 3 
years prior to the petition. The parishes for which the NOX 
exemption was requested include: Beauregard, Grant, Lafayette, 
Lafourche, Jefferson, Orleans, St. Bernard, St. Charles, St. James, and 
St. Mary. The EPA approved this exemption request on March 2, 1995.
    (b) The LDEQ submitted to the EPA on November 17, 1994, a petition 
requesting that the Baton Rouge serious ozone nonattainment area be 
exempted from the NOX control requirements of the CAA. In 
addition, supplemental information was submitted to the EPA by the LDEQ 
on January 26, 1995, June 6, 1995, and June 16, 1995. The Baton Rouge 
nonattainment area consists of East Baton Rouge, West Baton Rouge, 
Pointe Coupee, Livingston, Iberville, and Ascension Parishes. The 
exemption request was based on photochemical grid modeling which shows 
that reductions in NOX would not contribute to attainment in 
the nonattainment area. On January 18, 1996, the EPA approved the 
State's request for an areawide exemption from the following 
requirements: NOX new source review, NOX 
reasonably available control technology, NOX general 
conformity, and NOX inspection and maintenance requirements.
    (c) The LDEQ submitted to the EPA on July 25, 1995, a revision to 
the SIP, pursuant to section 182(b)(1), requesting that the Baton Rouge 
serious ozone nonattainment area be exempted from the transportation 
conformity NOX requirements of the CAA. The Baton Rouge 
nonattainment area consists of East Baton Rouge, West Baton Rouge, 
Pointe Coupee, Livingston, Iberville, and Ascension Parishes. The 
exemption request was based on photochemical grid modeling which shows 
that additional reductions in NOX would not contribute to 
attainment in the nonattainment area. On February 12, 1996, the EPA 
approved the State's request for an areawide exemption from the 
transportation conformity NOX requirements.
    (d) The LDEQ submitted to the EPA on October 28, 1994, a petition 
requesting that the Lake Charles marginal ozone nonattainment area be 
exempted from the NOX control requirements of the Act. The 
Lake Charles nonattainment area consists of Calcasieu Parish. The 
exemption request was based on photochemical grid modeling which shows 
that reductions in NOX would not contribute to attainment in 
the nonattainment area. On May 27, 1997, the EPA approved the State's 
request for an area-wide exemption from the following requirements: 
NOX new source review, NOX general conformity, and 
NOX transportation conformity requirements. The waiver was 
granted on the basis of modeling, and ambient air quality data 
demonstrating the area has attained the ozone NAAQS.
    (e) On September 24, 2001, and on December 31, 2001, the LDEQ 
requested that EPA rescind the Baton Rouge section 182(f) and 182(b)(1) 
NOX exemptions that were approved by EPA, and published in 
the Federal Register on January 26, 1996 (61 FR 2438), and February 27, 
1996 (61 FR 7218). The State based its request on photochemical grid 
modeling recently performed for the Baton Rouge State Implementation 
Plan (SIP) which indicates that controlling NOX sources will 
assist in bringing the Baton Rouge area into attainment with the 
National Ambient Air Quality Standard (NAAQS) for ozone. On May 7, 2002, 
EPA proposed approval of the State's request to rescind both 
NOX exemptions. Based on our review of the State's request 
and the supporting photochemical grid

[[Page 848]]

modeling the NOX exemptions are rescinded on May 5, 2003.

[60 FR 5864, Jan. 31, 1995, as amended at 61 FR 2446, Jan. 26, 1996; 61 
FR 7221, Feb. 27, 1996; 62 FR 29078, May 29, 1997; 68 FR 23604, May 5, 
2003]



Sec. 52.993  Emissions inventories.

    (a) The Governor of the State of Louisiana submitted the 1990 base 
year emission inventories for the Baton Rouge (BTR) and Calcasieu Parish 
(CAL) ozone nonattainment areas on November 16, 1992 as a revision to 
the State Implementation Plan (SIP). The 1990 base year emission 
inventory requirement of section 182(a)(1) of the Clean Air Act, as 
amended in 1990, has been satisfied for each of these areas.
    (b) The inventories are for the ozone precursors which are volatile 
organic compounds, nitrogen oxides, and carbon monoxide. The inventories 
cover point, area, non-road mobile, on-road mobile, and biogenic 
sources.
    (c) The BTR nonattainment area is classified as Serious and includes 
Ascension, East Baton Rouge, Iberville, Livingston, Point Coupee, and 
West Baton Rouge Parishes; the CAL nonattainment area is classified as 
Marginal and includes Calcasieu Parish.
    (d) On December 15, 1995, the Governor of the State of Louisiana 
submitted a revision to the 1990 base year volatile organic compound 
(VOC) emissions inventory for the Baton Rouge, Louisiana ozone 
nonattainment area. The revised inventory was submitted as part of the 
revised Baton Rouge 15 Percent Rate-of-Progress Plan. This revision to 
the base year inventory modified the point source VOC emissions. The 
revisions satisfy the requirements of section 182(a)(1) of the Clean Air 
Act, as amended in 1990.
    (e) On January 2, 1997, the Governor of the State of Louisiana 
submitted a revision to the 1990 base year volatile organic compound 
(VOC) emissions inventory for the Baton Rouge, Louisiana ozone 
nonattainment area. The revised inventory was submitted as part of the 
revised Baton Rouge Post-1996 Rate-of-Progress Plan. This revision to 
the base year inventory modified the point, area, non-road mobile, on-
road mobile, and biogenic sources of VOC emissions. The revisions 
satisfy the requirements of section 182(a)(1) of the Clean Air Act, as 
amended in 1990.

[60 FR 13911, Mar. 15, 1995, as amended at 64 FR 35941, July 2, 1999]



Sec. 52.994  [Reserved]



Sec. 52.995  Enhanced ambient air quality monitoring.

    (a) The Governor of the State of Louisiana submitted the 
photochemical assessment monitoring stations (PAMS) State Implementation 
Plan (SIP) revision for the Baton Rouge ozone nonattainment area on 
September 10, 1993. This SIP submittal satisfies 40 CFR 58.20(f), which 
requires the State to provide for the establishment and maintenance of 
PAMS.
    (b) The Baton Rouge ozone nonattainment area is classified as 
Serious and includes Ascension, East Baton Rouge, Iberville, Livingston, 
Pointe Coupee, and West Baton Rouge Parishes.

[61 FR 31037, June 19, 1996]



Sec. 52.996  Disapprovals.

    The State of Louisiana motor vehicle Inspection and Maintenance (I/
M) program SIP submittal of August 18, 1995, with later editions, is 
disapproved based on the failure of the State Legislature to grant legal 
authority to reauthorize and continuously operate the program until the 
program is no longer necessary. The Baton Rouge serious ozone 
nonattainment area is required to have an enhanced I/M program under 
section 182 of the Clean Air Act (the Act) as amended in 1990. This 
disapproval initiates the sanction process of section 179(a) of the Act.

[62 FR 61634, Nov. 19, 1997; 63 FR 4397, Jan. 29, 1998]



Sec. 52.999  Original identification of plan section.

    (a) This section identifies the original ``The Louisiana Air Control 
Commission Implementation Plan'' and all revisions submitted by 
Louisiana 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.

[[Page 849]]

    (1) Certification that public hearings were held on the State's 
implementation plan was submitted on February 28, 1972. (Non-regulatory)
    (2) Response to comments by Region VI on the plan was transmitted by 
the Louisiana Air Control Commission on May 8, 1972. (Non-regulatory)
    (3) Revisions to Louisiana Air Control Regulations 6, 8, 18, 19, 22, 
A22, 27, 28, control strategy for photochemical oxidants-hydrocarbons, 
prevention of air pollution emergency episodes, source surveillance, and 
procedures for submission and approval and compliance schedules were 
submitted by the Governor on July 17, 1972.
    (4) Revisions concerning the control strategy for photochemical 
oxidants and hydrocarbon for Region 106 was submitted by the Governor on 
March 30, 1973. (Regulatory)
    (5) Revision of Section 6.1 of the State air control regulations was 
submitted by the Governor on April 25, 1973.
    (6) A revision concerning the control strategy for particulate 
matter for the Southern Louisiana-Southeast Texas AQCR was submitted by 
the Governor on January 2, 1973.
    (7) Variances to Emission Limiting Regulations adopted by the 
Louisiana Air Control Commission on October 29, 1975, December 12, 1975, 
and April 6, 1976, and submitted by the Governor on April 22, 1976.
    (8) Commission Orders creditable as emission offsets for the GM 
Plant in Shreveport were submitted by the Governor on January 25, 1978 
as amendments to the Louisiana State Implementation Plan.
    (9) A proposed dedesignation of the Shreveport area as an AQMA for 
particulate matter was submitted by the Governor on December 9, 1977.
    (10) An administrative revision of the Air Quality Surveillance 
Network was submitted by the Louisiana Air Control Commission on April 
3, 1978. (Non regulatory)
    (11) Revisions to Regulation 19.0, Emission Standards for 
Particulate Matter, as adopted on November 30, 1977, were submitted by 
the Governor on December 9, 1977.
    (12) Minor changes and administrative revisions to regulations 2.0, 
3.0, 4.0, 5.0, 6.0, 7.0, 8.0, 9.0, 10.0, 11.0, 12.0, 13.0, 14.0, 15.0, 
16.0, and 17.0 of the Louisiana SIP were submitted by the Governor on 
December 9, 1977.
    (13) A variance to Regulation 19.5 for Kaiser Aluminum & Chemical 
Corporation at Norco, Louisiana was submitted by the Governor on August 
31, 1978.
    (14) Revisions to the Air Control Regulations 18.1, 18.3, 18.5, 
18.6-18.6.2, 18.7, 20.1-20.8, 21.1-21.6.4, 23.0-23.4.2, 24.1-24.5, 
24.6.2, 24.7-24.7.3, 24.8, 25.0-25.6.2, 26.0-26.2, 26.4-26.8.2, 27.0-
27.5.4, 28.0-28.6.2 and 30.0, as adopted by the Louisiana Air Control 
Commission on November 30, 1977, were submitted by the Governor on 
December 9, 1977.
    (15) Revisions to the plan for attainment of standards for ozone 
(Part D requirements) were submitted by the Governor on April 30, 1979.
    (16) Evidence of notice and public hearing for the April 30, 1979 
plan was submitted by the Governor on June 20, 1979.
    (17) Emission inventory information, emission reduction information, 
a certification of the lack of major degreasing sources, and a 
commitment to adopt future regulations were submitted by the Louisiana 
Air Control Commission on August 28, 1979 (non-regulatory).
    (18) Schedule for the modification and submittal of regulations 22.6 
and regulation 6.3.8 were submitted by the Louisiana Air Control 
Commission on October 11, 1979 (non-regulatory).
    (19) Regulations 22.17 and 22.18, adopted by the Louisiana Air 
Control Commission on September 25, 1979 were submitted by the Governor 
on October 18, 1979.
    (20) On January 10, 1980, the Governor submitted final revisions to 
the ambient monitoring portion of the plan.
    (21) Revised Regulation 22.8(c) was submitted by the Governor on 
June 20, 1979. This regulation was adopted by the Louisiana Air Control 
Commission on March 27, 1979.
    (22) Revised Regulation 22.5 was submitted by the Governor on April 
30, 1979. This regulation was adopted by the Louisiana Air Control 
Commission on March 27, 1979. A second revision to Regulation 22.5 was 
submitted by the Governor on July 7, 1979, as adopted by

[[Page 850]]

the Louisiana Air Control Commission on June 26, 1979.
    (23) Revised Regulations 6.3.8, 22.3, 22.6.1, 22.6.2, 22.10, and 
22.12.4 were submitted by the Governor on December 10, 1979. These 
regulations were adopted by the Louisiana Air Control Commission on 
November 27, 1979. A second revision to Regulation 6.3.8 was submitted 
by the Governor on October 23, 1980. The second revision was adopted by 
the Louisiana Air Control Commission on September 25, 1980.
    (24) Revisions to the Air Control Regulations 24.6.1 and 24.7.4, as 
adopted by the Louisiana Environmental Control Commission on March 27, 
1979, were submitted by the Governor on April 30, 1979.
    (25) Revised Regulations 22.9.2, 22.9.3(b), 22.19, 22.20, 22.21, 
22.22 and 22.23 and revised Regulation 4.0 (i.e. sections 4.99 through 
4.116) were adopted by the State on November 27, 1979 and submitted by 
the Governor on December 10, 1979; and revised Regulations 22.3 and 
22.20.2 were adopted by the State on July 22, 1980 and submitted by the 
Governor on September 12, 1980.
    (26) Revised Regulations 22.9.3(b), 22.20.3, and 22.23.7 were 
adopted by the State on December 11, 1980 and submitted by the Governor 
on January 12, 1981; revised Regulation 22.21.2(E) was adopted by the 
State on April 23, 1981 and submitted by the Governor on June 3, 1981; 
and, revised Regulation 22.19.2(B) was adopted by the State on June 25, 
1981 and submitted by the Governor on July 22, 1981.
    (27) Revisions to the Air Control Regulations 6.1.1, 18.2, 18.4, 
18.6.3, 19.5.1, 24.9.1, 24.9.2, 26.3.1, 26.3.2 and 51.11, as adopted by 
the Louisiana Environmental Control Commission on September 25, 1980, 
were submitted by the Governor on October 23, 1980.
    (28) Revisions to the plan for permit fee systems, interstate 
pollution abatement, public availability of emission data, maintenance 
of pay, permit public comment, and public notification of exceedances of 
the primary national ambient air quality standards (NAAQS), were 
submitted by the Governor on April 30, 1979. In addition, revised 
submittals for permit fee schedules were submitted on July 7, 1979; 
September 12, 1980; October 23, 1980; and January 12, 1981. The 
September 12, 1980 letter also included a new Sec. 51.285 (a), (b) and 
(c). Finally, the State sent a notification letter on August 7, 1979, 
which corrected a typographical error in the maintenance of pay 
revision.
    (29) A revision to the Air Control Regulations 22.9.3(d) as adopted 
by the Louisiana Air Control Commission on December 11, 1980, was 
submitted by the Governor on January 12, 1981.
    (30) Revisions to the Air Control Regulations 8.5.1, 22.3.1.1, 
22.3.1.2, and 22.10, as adopted by the Louisiana Air Control Commission 
on April 23, 1981, were submitted by the Governor on June 3, 1981.
    (31) A revision to the Air Control Regulation 22.9.3(a), as adopted 
by the Louisiana Air Control Commission on May 28, 1981, was submitted 
by the Governor on June 3, 1981.
    (32) A revision to the Air Control Regulation 22.3.2, as adopted by 
the Louisiana Air Control Commission on July 23, 1981, was submitted by 
the Governor on August 17, 1981.
    (33) The Louisiana State Implementation Plan for lead and 
Regulations for--the Control of Air Pollution from lead, 10.0-10.3 and 
19A.0, were submitted to EPA on July 27, 1979, by the Governor of 
Louisiana as adopted by the Louisiana Air Control Commission on July 24, 
1979. Letters of Clarification dated January 6, 1982, April 1, 1982 and 
May 4, 1982 also were submitted. No action is taken on the Baton Rouge 
area.
    (34) Section 6.1 of Regulation 6.0 amended and adopted by the 
Louisiana Environmental Control Commission on October 22, 1981, was 
submitted by the Governor on November 30, 1981.
    (35) Revisions to the Air Control Regulations 4.102, 4.110, 22.20.2 
and 22.21.2(D), as adopted by the Louisiana Environmental Control 
Commission on December 11, 1980, were submitted by the Governor on 
January 12, 1981.
    (36) [Reserved]
    (37) Revisions to the Air Control Regulations 4.14, 4.36, 6.6, 
22.3.1.1, and 22.3.1.2, as adopted by the Louisiana Environmental 
Control Commission on February 26, 1981, were submitted by the Governor 
on March 25, 1981.
    (38) Revisions to the Air Control Regulations 17.13, 23.4.1.1 and 
23.4.4, as

[[Page 851]]

adopted by the Louisiana Environmental Control Commission on January 28, 
1982, were submitted by the Governor on February 15, 1982.
    (39) A revision to section 2210 of the Louisiana Air Control Law was 
submitted to EPA on March 10, 1982. The Section was renamed Section 1077 
of the Environmental Affairs Act, by the Louisiana Legislature, and was 
effective January 1, 1980.
    (40) The Louisiana State Implementation Plan for lead for the Baton 
Rouge area was submitted on July 27, 1979, with letters of clarification 
and revisions dated January 4, 1983, September 15, 1983, September 30, 
1983. The final lead control plan was submitted in a letter dated 
October 31, 1983, as adopted by the Louisiana Air Control Commission on 
October 20, 1983.
    (41) Revisions to sections 2.3, 3.1, 3.4, and 4.1 of the Rules and 
Regulations for the Fee System of the Air Quality Control Program, as 
adopted by the Louisiana Environmental Control Commission on January 26, 
1983, were submitted by the Louisiana Department of Natural Resources 
(now the Department of Environmental Quality), Air Quality Division, on 
November 17, 1983.
    (42) Deletion of Air Control Regulation 14.0, and deletion of 
hydrocarbon guideline standard from Table 1, 1a, and 2, as adopted by 
the Louisiana Environmental Control Commission on July 28, 1983, was 
submitted by the Governor on October 19, 1983.
    (43) Revisions to the Air Control Regulation 22.22 as adopted by the 
Louisiana Environmental Control Commission on September 23, 1982, and 
submitted by the Governor on July 14, 1983.
    (i) Incorporation by reference. (A) Regulation 22.22.1(A) and 
22.22.2(A) Letter dated July 14, 1983, from the State of Louisiana and 
which change the reference for the test methods from a CTG document to 
the Louisiana Air Quality Regulations Division's Source Test Manual. 
These regulations were adopted on September 23, 1982.
    (44) On October 4, 1985, the Governor submitted a revision entitled, 
``Protection of Visibility for Mandatory Class I Federal Areas,'' July 
12, 1985. This submittal included new source review and visibility 
monitoring strategy as adopted by the Secretary of the Louisiana 
Department of Environmental Quality in October 1985.
    (45) On August 14, 1985, the Governor of Louisiana submitted a 
Prevention of Significant Deterioration (PSD) Plan including Air Quality 
Regulations--Part V, (sections 90.1-90.19) as adopted by the Secretary 
of the Department of Environmental Quality on May 23, 1985. Air Quality 
Regulations--Part V provides authority for the State to implement the 
PSD program in certain areas of the State. Letters of commitment for air 
quality modeling (dated September 30, 1985) and Federal stack height and 
dispersion technique regulation (dated June 3, 1986) were submitted by 
the Secretary of Louisiana Department of Environmental Quality.
    (i) Incorporation by reference. (A) Louisiana Air Quality 
Regulations--Part V, Prevention of Significant Deterioration of Air 
Quality, except that no provision of this part applies to Indian 
Reservations meaning any Federally recognized reservation established by 
Treaty, Agreement,Executive Order, or Act of Congress, as adopted on May 
23, 1985.
    (B) A letter from the Secretary of Louisiana Department of 
Environmental Quality dated September 30, 1985, which commits the 
Department to use only the EPA approved air quality models in accordance 
with the provisions of 40 CFR 51.24(1) [now 40 CFR 51.166(1)] and to 
submit a stack height and dispersion techniques SIP revision by April 8, 
1986.
    (C) A letter from the Secretary of Louisiana Department of 
Environmental Quality dated June 3, 1986, which certifies that the 
Department interprets the provisions of section 90.8 of Louisiana PSD 
regulations as having the same meaning as the Federal stack height and 
dispersion technique regulation, 40 CFR 51.1(hh)-(kk) [now 40 CFR 
51.100(hh)-(kk)], promulgated by EPA in the Federal Register of July 8, 
1985, and that the State will apply, implement, and enforce these 
requirements in the PSD permitting process.
    (D) A narrative explanation and additional requirements entitled 
``Prevention of Significant Deterioration Revisions to the Louisiana 
State Implementation Plan''.

[[Page 852]]

    (46) On January 6, 1988, the Governor of Louisiana submitted a 
revision to the State Implementation Plan (SIP) that contained Air 
Quality Regulations, LAC 33: Part III, Section 921, Stack Heights, as 
adopted by the Secretary of the Department of Environmental Quality on 
December 20, 1987. Section 921, Stack Heights, enables the State to 
ensure that the degree of emission limitation required for the control 
of any air pollutant under its SIP is not affected by that portion of 
any stack height which exceeds GEP or by any other dispersion technique.
    (i) Incorporation by reference. (A) Louisiana Air Quality 
Regulations--LAC 33: Part III, Section 921, Stack Heights, as adopted by 
the Secretary of the Department of Environmental Quality on December 20, 
1987.
    (ii) Other material--none.
    (47) A revision exempting four rural carbon black plants--Ashland 
Chemical, Louisa, LA; Cabot Corporation, Centerville, LA; Cabot 
Corporation, Ville Platte, LA; and Columbian Chemicals, Franklin, LA--
from further controls on acetylene emissions as required under Louisiana 
Air Quality Regulation 22.8 received from the Governor on January 12, 
1987, and amended May 13, 1987.
    (i) Incorporation by reference. (A) A letter dated May 29, 1987, 
from Martha Madden, Secretary, Louisiana Department of Environmental 
Quality, to the Governor of Louisiana approving the exemptions from 
further controls on acetylene emissions for the four rural carbon black 
plants and ordering each facility to maintain its emissions at or below 
the levels specified in the attached summary of emissions.
    (ii) Additional material. (A) A summary of VOC emissions for each of 
the four rural carbon black plants exempted from further controls on 
acetylene emissions under Louisiana Air Quality Regulation 22.8.
    (48) Part II of the Visibility Protection Plan was submitted by the 
Governor on October 26, 1987.
    (i) Incorporation by reference. (A) Revision entitled, ``Louisiana 
State Implementation Plan Revision: Protection of Visibility: Proposed 
Part II Long-Term Strategy, October 26, 1987''. This submittal includes 
a visibility long-term strategy and general plan provisions as approved 
and adopted by the Secretary of the Louisiana Department of 
Environmental Quality on October 26, 1987.
    (B) Letter dated October 26, 1987, from Secretary of Louisiana 
Department of Environmental Quality (LDEQ), to the Governor approving 
the SIP revision.
    (ii) Additional material. (A) Letter dated June 16, 1988, from 
Administrator, Air Quality Division, LDEQ, to Chief, SIP/New Source 
Section (6T-AN), EPA Region 6, committing to make its three-year 
periodic review report available to the public as well as to EPA.
    (49) The recodified and revised regulations of the Louisiana 
Administrative Code, Title 33, Part 3 (LAC:33:III) that were adopted by 
the State effective December 20, 1987, and submitted by the Governor by 
letters dated January 6, 1988, and October 4, 1988, for inclusion in the 
SIP. These regulations include LAC:33:III: Chapters 1, 5, 7, 9, 11, 13, 
15, 17, 23, 56, 60, 63, and 65, except LAC:33:III:111 ``Particulate 
matter,'' and ``Suspended particulate matter,'' LAC:33:III:505.J, and 
LAC:33:III:505.L, which were previously disapproved, and 
LAC:33:III:6099, which was withdrawn by the Governor.
    (i) Incorporation by reference. (A) Louisiana Administrative Code, 
Title 33, Part 3, Chapters 1, 5, 7, 9, 11, 13, 15, 17, 23, 56, 60, 63, 
and 65 as adopted by Louisiana Department of Environmental Quality on 
December 20, 1987, except LAC:33:III: section 111 ``Particulate 
matter,'' ``Suspended particulate matter,'' section 505.J, section 
505.L, and section 6099.
    (ii) Additional material.(A) A letter dated December 16, 1987, from 
Martha Madden, Secretary of the Louisiana Department of Environmental 
Quality, to the Governor of Louisiana, approving the codified air 
quality regulations effective December 20, 1987.
    (50) The Louisiana State Implementation Plan for PM10 as 
submitted by the Governor in a letter dated July 26, 1988, and adopted 
by the State effective June 20, 1988.

[[Page 853]]

    (i) Incorporation by reference. (A) Revisions to the Louisiana 
Administrative Code, Title 33, Chapter III, Sections 111, 509.B, 
509.I.8.a, 709, 1301.B, 1303.A, 1305.A., 1311.B, 1311.C, 1313.C, 1315, 
1319.G, 5609.A.1, 5609.A.2, 5609.A.3, and Tables 1, 1a, and 2 of chapter 
7 as adopted effective June 20, 1988.
    (B) A letter dated May 22, 1989, from Mike D. McDaniel, Louisiana 
Department of Environmental Quality, to William B. Hathaway, U.S. 
Environmental Protection Agency.
    (ii) Additional material. (A) A letter dated July 26, 1988, from 
Paul H. Templet, Secretary, Louisiana Department of Environmental 
Quality, to the Governor of Louisiana approving the adoption of 
amendments to the Louisiana Air Quality Regulations to implement the new 
PM10 standard effective June 20, 1988.
    (B) A narrative supplement to the Louisiana PM10 
submitted by the Governor in a letter dated July 26, 1988.
    (51) Revision to the Louisiana Lead State Implementation Plan (SIP) 
submitted by the Governor in a letter dated July 18, 1986.
    (i) Incorporation by reference. (A) An amended Compliance Order 
dated January 31, 1986, issued by the Secretary of the State of 
Louisiana Department of Environmental Quality in the matter of Ethyl 
Corporation, Baton Rouge, Louisiana.
    (ii) Additional material. (A) Computer modeling submitted by letter 
dated May 27, 1988, from Doug Walters, Louisiana Department of 
Environmental Quality, to Joe Winkler, U.S. Environmental Protection 
Agency.
    (B) Explanatory letter dated January 27, 1989, from Gustave Von 
Bodungen, Louisiana Department of Environmental Quality, to Gerald 
Fontenot, U.S. Environmental Protection Agency.
    (52) On October 31, 1983, the Governor submitted a request to revise 
the Louisiana SIP to include an Alternative Emission Reduction Plan for 
the Vulcan Materials Company facility located at Geismar, Ascension 
Parish. A permit was issued by LDEQ on March 24, 1983 (1829T), 
but after several revisions, the final permit for the trade is 
1829T (M-2), issued July 28, 1989. This Bubble uses credits 
obtained from installation of a vapor recovery system on a tank farm of 
five VOC storage tanks in lieu of controls on one process vent and one 
VOC storage tank.
    (i) Incorporation by reference. (A) LDEQ Permit number 1829T (M-2), 
Revision of Bubble Permit--Vulcan Chemicals Company, Geismar, Ascension 
Parish, Louisiana, issued July 28, 1989.
    (ii) Additional material. (A) Letter dated June 28, 1989, from the 
Administrator of the Louisiana Office of Air Quality, giving assurances 
that the State has resources and plans necessary to strive toward 
attainment and maintenance of the NAAQS for ozone taking into account 
the influence of this Bubble on air quality.
    (53) On May 5, 1986, the Governor submitted a request to revise the 
Louisiana SIP to include an alternate Emission Reduction Plan for the 
American Cyanamid Company Fortier Plant located at Westwego, Jefferson 
Parish. A permit was issued by LDEQ on October 17, 1984 (1896), 
but after several revisions, the final permit for the trade is 
1896 (M-2), issued July 20, 1989. This Bubble uses credits 
obtained from the change of service of three storage tanks from VOC to 
non-VOC usage to offset reductions required by controlling one methanol 
storage tank.
    (i) Incorporation by reference. (A) LDEQ permit number 1896 (M-2) 
issued July 20, 1989, a Revision to Bubble Permit No. 1896 (M-1)--
American Cyanamid Company, Westwego, Jefferson Parish, Louisiana.
    (ii) Additional material. (A) Letter dated June 6, 1989, from the 
Administrator of the Louisiana Office of Air Quality, giving the State 
position that the Volatile Organic Compounds that have been shifted out 
of the emission reduction credit donating tanks have not been shifted 
elsewhere in the nonattainment area.
    (B) Letter received by EPA on March 31, 1989, from Mr. Addison Tatum 
of the State of Louisiana, including calculations for the permit.
    (54) A revision to allow an alternative emission reduction plan 
(``bubble'') for the Vista Chemical Company facility in Westlake, 
Louisiana, as submitted by the Governor on November

[[Page 854]]

22, 1983, and amended by Louisiana Department of Environmental Quality 
Air Quality Division permit 1828 M-2 issued September 25, 1986.
    (i) Incorporation by reference. (A) Louisiana Department of 
Environmental Quality Air Quality Division permit 1828 M-2 
issued September 25, 1986.
    (ii) Additional material.--None.
    (55) A revision to allow an alternative emission reduction plan 
[``bubble''] for the Union Carbide facility in Hahnville, Louisiana, as 
submitted by the Governor on October 19, 1983, and amended by Louisiana 
Department of Environmental Quality Air Quality Division permit 
1836T(M-1) issued April 23, 1987, and revised on May 5, 1990.
    (i) Incorporation by reference. (A) Louisiana Department of 
Environmental Quality Air Quality Division permit 1836T(M-1) 
issued April 23, 1987, and revised on May 5, 1990.
    (ii) Additional material.--None.
    (56) Revisions to Louisiana's volatile organic compound regulations 
were submitted by the Governor on June 13, 1990.
    (i) Incorporation by reference. (A) Revisions to Title 33, 
Environmental Quality, Part III. Air, Chapter 21. Control of Emission of 
Volatile Organic Compounds, Subchapter B. Organic Solvents, Section 
2123. Organic Solvents, paragraphs C.6. and D.3., effective February 20, 
1990.
    (57) Revisions to the Louisiana State Implementation Plan for 
LAC:33:III: Section 509 Prevention of Significant Deterioration (PSD) 
sections (509)(B) (Baseline Area) (1), 509(B) (Baseline Area) (2), 
509(B) (Baseline Concentration) (1), (509)(B) (Baseline Concentration) 
(1)(b), 509(B) (Baseline Concentration) (2)(a), 509(B) (Baseline 
Concentration) (2)(b), 509(B) (Baseline Date) (1)(a), 509(B) (Baseline 
Date) (1)(b), 509(B) (Baseline Date) (2), 509(B) (Baseline Date) (2)(a), 
509(B) (Baseline Date) (2)(b), 509(B) (Net Emission Increases) (4), 
509(D), and 509(P)(4), as adopted by the Secretary of Louisiana 
Department of Environmental Quality (LDEQ) on July 20, 1990, were 
submitted by the Governor on October 26, 1990.
    (i) Incorporation by reference. (A) LAG:33:III: Section 509 
Prevention of Significant Deterioration Sections (509)(B) (Baseline 
Area) (1), 509(B) (Baseline Area) (2), 509(B) (Baseline Concentration) 
(1)(a), (509)(B) (Baseline Concentration) (1)(b), 509(B) (Baseline 
Concentration) (2)(a), 509(B) (Baseline Concentration) (2)(b), 509(B) 
(Baseline Date (1)(a), 509(B) (Baseline Date) (1)(b), 509(B) (Baseline 
Date) (2), 509(B) (Baseline Date) (2)(a), 509(B) (Baseline Date) (2)(b), 
509(B) (Net Emission Increase) (4), 509(D), and 509(P)(4) as amended on 
July 20, 1990.
    (ii) Additional material.--None.
    (58) Louisiana Air Quality Regulation section 6.6 as revised and 
adopted by the Louisiana Environmental Control Commission on February 
26, 1981, submitted by the Governor on March 25, 1981, and approved by 
the Environmental Protection Agency on June 9, 1982.
    (i) Incorporation by reference. (A) Louisiana Air Quality Regulation 
section 6.6 as revised and adopted by the Louisiana Environmental 
Control Commission on February 26, 1981, submitted by the Governor on 
March 25, 1981, and approved by the Environmental Protection Agency on 
June 9, 1982.
    (ii) Additional material. (A) Letter dated March 24, 1981, from the 
Secretary of the Louisiana Department of Natural Resources to the 
Governor of Louisiana acknowledging approval of Louisiana Air Quality 
Regulation section 6.6 by the Louisiana Environmental Control Commission 
effective on February 26, 1981.
    (59) A revision to the Louisiana State Implementation Plan (SIP) to 
include revisions to LAC, Title 33, ``Environmental Quality,'' Part III. 
Air, Chapter 15. Emission Standards for Sulfur Dioxide, effective April 
20, 1992, and submitted by the Governor by cover letter dated August 5, 
1992.
    (i) Incorporation by reference. (A) Revisions to LAC, Title 33, 
``Environmental Quality,'' Part III. Air, Chapter 15. Emission Standards 
for Sulfur Dioxide, Section 1501, ``Degradation of Existing Emission 
Quality Restricted;'' Section 1503, ``Emission Limitations;'' Table 4, 
``Emissions--Methods of Contaminant Measurement;'' Section 1505, 
``Variances;'' Section 1507, ``Exceptions;'' Section 1509, ``Reduced 
Sulfur Compounds (New and Existing Sources);'' Section 1511, 
``Continuous Emissions Monitoring;'' and Section

[[Page 855]]

1513, ``Recordkeeping and Reporting,'' effective April 20, 1992.
    (60) A revision to the Louisiana State Implementation plan (SIP) to 
include revisions to Louisiana Administrative Code (LAC), Title 33, 
Environmental Quality, Part III. Air, Chapter 1, Chapter 21, and Chapter 
61 as submitted by the Governor on June 13, 1990, October 26, 1990, May 
24, 1991, and March 24, 1992.
    (i) Incorporation by reference. (A) LAC, Title 33, Environmental 
Quality, Part III. Air, Chapter 21 (December 1987). Control of Emission 
of Organic Compounds, except section 2105. Storage of Volatile Organic 
Components (Small Tanks).
    (B) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 1. General Provisions, section 111. Definitions--
Administrator, Administrative Authority*, Attainment Areas, 
Nonattainment Areas, SIP, Volatile Organic Compound, and Chapter 21. 
Control of Emission of Organic Compounds, Subchapter A. General, section 
2103. Storage of Volatile Organic Compounds paragraphs A., C., D.1., 
D.1.a. through D.1.d., D.2., D.2.a., D.2.b., D.3., E., F., H.1., H.2., 
I. effective January 20, 1990.
    (C) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 21. Control of Emission of Organic Compounds Subchapter A. 
General, section 2107. Volatile Organic Compounds-Loading, section 2109. 
Oil/Water-Separation, paragraphs A.1. through A.4., B. through D., 
section 2113. Housekeeping, paragraphs A.1 through A.3., A.5., section 
2117. Exemptions, section 2119. Variances B., and Subchapter D. Cutback 
Paving Asphalt section 2127. Cutback Paving Asphalt, paragraphs A., B., 
C.1., C.2., C.3., D., D.1., D.1.b., D.1.c., D.1.d., and D.2., effective 
February 20, 1990.
    (D) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 21. Control of Emission of Organic Compounds, Subchapter B. 
Organic Solvents, section 2123. Organic Solvents, paragraphs C., C.1. 
through C.5., C.7. through C.9., effective February 20, 1990.
    (E) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 21. Control of Emission of Organic Compounds, Subchapter F. 
Gasoline Handling, section 2131. Filling of Gasoline Storage Vessels, 
paragraphs A., B., B.1., B.3., D., D.1., D.4., D.5., E., F., and G., 
section 2133. Gasoline Bulk Plants paragraphs A., A.1., A.3. through 
A.6., B., B.3., B.4., C. and D., section 2135. Bulk Gasoline Terminals 
paragraphs A., B., B.1.a., B.1.a.i., B.1.a.iii., B.1.d., B.2. through 
B.5., and C. through E., E.1. through E.4., and section 2137. Gasoline 
Terminal Vapor-Tight Control Procedure. effective July 20, 1990.
    (F) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 21. Control of Emission of Organic Compounds Subchapter A. 
General, section 2101. Compliance Schedules, section 2115. Waste Gas 
Disposal paragraphs A., B., C., D., F., G., H., I.1. through I.5., J. 
through K., section 2121. Fugitive Emission Control paragraphs B., B.1, 
B.2., C., C.1.b., C.1.b.i., C.1.b.ii., C.1.b.iii., C.1.c, C.2., C.2.b., 
C.2.b.i., C.4., C.4.c., C.4.d., C.5. and G., Subchapter C. Vapor 
Degreasers, section 2125. Vapor Degreasers paragraphs A., A.1., A.2., 
A.2.i. through A.2.m., A.3., A.3.a. through A.3.d., B., B.1., B.7., 
B.8., C., C.1., C.1.a. through C.1.c., C.1.i., C.1.j., and D. through 
G., Subchapter E. Perchloroethylene Dry Cleaning Systems, section 2129. 
Perchloroethylene Dry Cleaning Systems paragraphs A., A.1., A.2., A.2.a. 
through A.2.c., C., and D., Subchapter H. Graphic Arts, section 2143. 
Graphic Arts (Printing) by Rotogravure and Flexographic Processes 
paragraphs A., A.1., A.3., A.5., B., C. and D., Subchapter I. 
Pharmaceutical Manufacturing Facilities, section 2145. Pharmaceutical 
Manufacturing Facilities, paragraphs A., A.1., A.1.c., and E. through G. 
effective November 20, 1990.
    (G) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 21. Control of Emissions of Organic Compounds Subchapter A. 
General, section 2103. Storage of Volatile Organic Compounds paragraphs 
B.,D., D.2.c. through D.2.e., G., H.3., I.2.c., I.4. and I.5., section 
2107. Volatile Organic Compounds-Loading paragraphs D.3. and D.4., 
section 2109. Oil/Water Separation paragraphs A., B.4., and B.5., 
section 2111. Pumps and Compressors, section 2113. Housekeeping 
paragraph A.4., section 2119. Variances paragraph

[[Page 856]]

A.; Subchapter D. Cutback Paving Asphalt, section 2127. Cutback Paving 
Asphalt paragraphs C. and D.1.a. effective April 20, 1991.
    (H) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 21. Control of Emission of Organic Compounds, section 2115. 
Waste Gas Disposal paragraphs I., K., and K.4., section 2121. Fugitive 
Emission Control paragraphs A., C.1., C.1.b.iv. through C.1.b.vi., 
C.4.a., C.4.b., C.4.h., D., D.1., D.1.b. through D.1.f., and D.2., 
section 2123. Organic Solvents paragraphs A., A.1. through A.3., B., 
B.1., B.1.a. through B.1.c., C.11., D., D.1. through D.9., E., E.1. 
through E.7., F., and F.1. through F.4., Subchapter F. Gasoline 
Handling, section 2131. Filling of Gasoline Storage Vessels paragraphs 
D.2. and D.3., section 2135. Bulk Gasoline Terminals paragraph E.5., 
Subchapter G-Petroleum Refinery Operations, section 2139. Refinery 
Vacuum Producing Systems paragraphs A. and B. and section 2141. Refinery 
Process Unit Turnarounds effective July 20, 1991.
    (I) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air, Chapter 61. Division's Sources Test Manual, Subchapter A. Method 
43-Capture Efficiency Test Procedures section 6121 through section 6131 
effective July 20, 1991.
    (J) Revisions to LAC, Title 33, Environmental Quality, Part III. Air 
Chapter 1. General Provisions, section 111. Definitions-Coating, 
Department, Distance from Source to Property Line, Exceedance, 
Hydrocarbon, Leak, Miscellaneous Metal Parts and Products Coating, 
Nonattainment Area, Ozone Exceedance, SIP effective August 20, 1991.
    (61) A revision to the Louisiana SIP to include revisions to LAC, 
Title 33, ``Environmental Quality,'' Part III. Air, Chapter 21, Control 
of Emission of Organic Compounds, Section 2132--Stage II Vapor Recovery 
Systems for Control of Vehicle Refuelling Emissions at Gasoline 
Dispensing Facilities effective November 20, 1992, and submitted by the 
Governor by cover letter dated November 10, 1992.
    (i) Incorporation by reference. (A) Revisions to LAC, Title 33, 
``Environmental Quality,'' Part III. Air, Chapter 21, Control of 
Emission of Organic Compounds, Section 2132--Stage II Vapor Recovery 
Systems for Control of Vehicle Refuelling Emissions at Gasoline 
Dispensing Facilities, effective November 20, 1992; and Chapter 65, 
Section 6523--Fee Schedule Listing, effective November 20, 1992.
    (ii) Additional materials. (A) November 15, 1993, narrative plan 
addressing: Legal authority, control strategy, compliance schedules, air 
quality surveillance, public notice, determination of regulated 
universe, Louisiana Department of Environmental Quality recordkeeping, 
facility recordkeeping, annual in-use above ground inspections, program 
penalties, training, and benefits.
    (62) Alternative emission reduction (bubble) plan for the Dow 
Chemical facility located in Plaquemine, Iberville Parish, as adopted by 
the Louisiana Environmental Control Commission on July 28, 1983, 
submitted by the Governor on October 19, 1983, and amended by the 
Louisiana Department of Environmental Quality with permit number 
1838T(M-2) issued on October 16, 1991.
    (ii) Incorporation by reference.
    (A) Permit number 1838T(M-2) as issued by the Louisiana Department 
of Environmental Quality on October 16, 1991.
    (ii) Additional material. (A) Letter dated September 17, 1991, from 
the Administrator of the Office of Air Quality at the Louisiana 
Department of Environmental Quality to the Chief of the Planning Section 
at the Air Programs Branch of the U.S. Environmental Protection Agency--
Region 6, furnishing State assurances.
    (63) The State is required to implement a Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program 
(PROGRAM) as specified in the plan revision submitted by the Governor on 
October 22, 1992. This plan submittal, as adopted by the Secretary of 
the Louisiana Department of Environmental Quality (LDEQ) on October 22, 
1992, was developed in accordance with section 507 of the Clean Air Act 
(CAA).
    (i) Incorporation by reference. (A) Enrolled House Bill No. 1319 
(Act 1037, Regular Session, 1992), signed into law by the Governor on 
July 13, 1992, and effective upon signature, enacting Louisiana Revised 
Statutes (R.S.) 30:2061

[[Page 857]]

and 2062 and R.S. 36:239(H). Included in Act 1037 are provisions 
establishing a small business stationary source compliance assistance 
program; creating the State Ombudsman Office for small business; 
creating a Compliance Advisory Panel (CAP); establishing membership of 
the CAP; and establishing CAP powers, duties, and functions.
    (B) Louisiana R.S. 30:2060N.(6), ``Toxic air pollutant emission 
control program'', (the small business stationary source technical and 
environmental compliance assistance program subsection), as in effect on 
October 22, 1992.
    (C) State of Louisiana Executive Order No. EWE 92-4 dated February 
10, 1992, and effective upon signature, creating and establishing an 
Office of Permits within the Executive Department, Office of the 
Governor.
    (D) Letter from Louisiana Governor Edwards to Mr. Kai Midboe, 
Secretary, LDEQ, dated February 20, 1992, designating the Governor's 
Office of Permits as the official State office to serve as Ombudsman for 
the PROGRAM per the mandate of section 507 of the Federal CAA. The 
Coordinator of the Office of Permits will be responsible for 
administering the Small Business Ombudsman portion of the PROGRAM.
    (ii) Additional material. (A) Narrative SIP Revision entitled, 
``Louisiana SIP, Concerning CAA Amendments of 1990, Section 507, Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance (Program); November 15, 1992.''
    (B) ``State of Louisiana Memorandum of Understanding Between the 
Governor's Office of Permits and the Louisiana Department of 
Environmental Quality'', signed (and effective) on April 7, 1992, by Mr. 
Kai David Midboe, Secretary, LDEQ, and Ms. Martha A. Madden, 
Coordinator, Governor's Office of Permits.
    (C) Legal opinion letter dated October 22, 1992, from James B. 
Thompson, III, Assistant Secretary for Legal Affairs and Enforcement, 
LDEQ, to Mr. B. J. Wynne, Regional Administrator, EPA Region VI, 
regarding ``Appointment to Small Business Advisory Panel''.
    (64) Revisions to the Louisiana SIP addressing VOC RACT catch-up 
requirements were submitted by the Governor of Louisiana by letters 
dated December 21, 1992, and April 14, 1993.
    (i) Incorporation by reference. (A) Revisions to LAC, Title 33, 
Environmental Quality, Part III. Air; Chapter 21. Control of Emissions 
of Organic Compounds, Subchapter A. General; section 2103. Storage of 
Volatile Organic Compounds, paragraphs G., I., I.4.; section 2109. Oil/
Water Separation, paragraph B.4.; Subchapter B. Organic Solvents; 
section 2123. Organic Solvents, paragraph D.6.; Subchapter C. Vapor 
Degreasers; section 2125. Vapor Degreasers, paragraph D.; Subchapter F. 
Gasoline Handling; section 2131. Filling of Gasoline Storage Vessels, 
paragraphs D., D.1., D.3., G.; section 2135. Bulk Gasoline Terminals, 
paragraph A.; Subchapter H. Graphic Arts; section 2143. Graphic Arts 
(Printing) by Rotogravure and Flexographic Processes, paragraph B, as 
adopted by LDEQ on October 20, 1992.
    (B) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter 
A. General; section 2115. Waste Gas Disposal, introductory paragraph, 
paragraphs H., H.1., H.1.a through H.1.d, H.2, H.2.a, H.2.b, H.3, L., as 
adopted by LDEQ on March 20, 1993.
    (ii) Additional material. (A) Letters dated November 10, 1992 and 
December 21, 1992, signed by Edwin Edwards, Governor of Louisiana.
    (B) Letter dated April 14, 1993, signed by Edwin Edwards, Governor 
of Louisiana.
    (C) Letter of negative declaration dated March 29, 1994, signed by 
Gustave Von Boduungen, P.E., Assistant Secretary, LDEQ.
    (65) Revisions to the Louisiana Department of Environmental Quality 
Regulation Title 33, Part III, Chapter 9, Section 919, (February 2, 
1993), and a technical correction (October 20, 1994). These revisions 
are for the purpose of implementing an emission statement program for 
stationary sources within the ozone nonattainment areas.
    (i) Incorporation by reference. (A) Revisions to LAC, title 33, Part 
III, Chapter 9, General Regulations on Control of Emissions and 
Emissions Standards, Section 919, Emission Inventory, adopted in

[[Page 858]]

the Louisiana Register, Vol. 19, No. 2, 184-186, February 20, 1993. All 
subsections except B.2.a. and B.2.d.
    (B) Revisions to LAC, title 33, Part III, Chapter 9, General 
Regulations on Control of Emissions and Emissions standards, Section 
919, Emission Inventory, adopted in the Louisiana Register, Vol 20, No. 
10, 1102, October 20, 1994. Subsections B.2.a. and B.2.d.
    (66) Revisions to the Louisiana Department of Environmental Quality 
Regulation Title 33, Part III, Chapter 2, Section 223 and Chapter 19, 
Sections 1951-1973. These revisions are for the purpose of implementing 
a Clean Fuel Fleet Program to satisfy the Federal requirements for a 
Clean Fuel Fleet Program to be part of the SIP for Louisiana.
    (i) Incorporation by reference. (A) Revision to LAC, Title 33, Part 
III, Chapter 2, Rules and Regulations for the Fee System of the Air 
Quality Control Programs, Section 223, Fee Schedule Listing, adopted in 
the Louisiana Register, Vol. 20, No. 11, 1263, November 20, 1994.
    (B) Revision to LAC, Title 33, Part III, Chapter 19, Mobile Sources, 
Subchapter B, Clean Fuel Fleet Program, Sections 1951-1973, adopted in 
the Louisiana Register, Vol. 20, No. 11, 1263-1268, November 20, 1994.
    (67) A revision to the Louisiana State Implementation Plan for 
General Conformity: LAC 33:III. CHAPTER 14. SUBCHAPTER A ``Determining 
Conformity of General Federal Actions to State or Federal Implementation 
Plan'' as adopted by the Louisiana Department of Environmental Quality 
Secretary and published in the Louisiana Register, Vol. 20, No. 11, 
1268, November 20, 1994, was submitted by the Governor on November 10, 
1994.
    (i) Incorporation by reference. (A) Louisiana General Conformity: 
LAC 33:III. CHAPTER 14. SUBCHAPTER A ``Determining Conformity of General 
Federal Actions to State or Federal Implementation Plan'' as adopted by 
the Louisiana Department of Environmental Quality Secretary and 
published in the Louisiana Register, Vol. 20, No. 11, 1268, November 20, 
1994.
    (68) A revision to the Louisiana SIP addressing the nonattainment 
NSR program for Louisiana was submitted by the Governor of Louisiana on 
March 3, 1993, and November 15, 1993.
    (i) Incorporation by reference. (A) Revision to LAC, Title 33, Part 
III. Air, Chapter 5. Permit Procedures, by the addition of Section 504. 
Nonattainment New Source Review Procedures, as promulgated in the 
Louisiana Register, Volume 19, Number 2, 176-183, February 20, 1993; 
effective February 20, 1993, and submitted by the Governor on March 3, 
1993.
    (B) Revisions to LAC, Title 33, Part III. Air, Chapter 5. Permit 
Procedures, Section 504. Nonattainment New Source Review Procedures, 
Subsections: A., Applicability, Paragraphs A(1), A(2), A(3), A(4); D., 
Nonattainment New Source Requirements, Paragraph D(4); Delete G., Permit 
Procedures, Public Participation and Notification; Reletter H., 
Definitions, to G., and revise definitions for Major Modification 
(paragraphs: a., c.iii, c.iv, c.v.(a)(b), c.vi, c.vii), Major Stationary 
Source (paragraphs: a., d.i); Delete Table 1; Renumber Table 2, Major 
Stationary Source/Major Modification Emission Thresholds, to Table 1, 
and revise Footnote 1., as promulgated in the Louisiana Register, Volume 
19, Number 11, 1420-1421, November 20, 1993; effective November 20, 
1993, and submitted by the Governor on November 4, 1993.
    (ii) Additional material. (A) Letter dated January 7, 1994, signed 
by the Governor of Louisiana, which clarifies that section 504 is to be 
reviewed under the SIP program.
    (69) The Governor of Louisiana submitted revisions to Regulation 
Louisiana Administrative Code on March 22, 1995 to incorporate changes 
in the Federal PSD permitting regulations for PM-10 increments.
    (i) Incorporation by reference. (A) Revisions to Regulation 
Louisiana Administrative Code 33:III.Chapter 5, Section 509, effective 
February 20, 1995: Section B. Definitions: Baseline Date; Section B. 
Definitions: Net Emissions Increase; Section D. Ambient Air Increments; 
Section I.8.a.; Section K.2.; and Section P.4.
    (70) The Louisiana Department of Environmental Quality submitted a 
redesignation request and maintenance plan for Pointe Coupee Parish on 
December

[[Page 859]]

20, 1995. The redesignation request and maintenance plan meet the 
redesignation requirements in section 107(d)(3)(E) of the Act as amended 
in 1990. The redesignation meets the Federal requirements of section 
182(a)(1) of the Clean Air Act as a revision to the Louisiana ozone 
State Implementation Plan for Pointe Coupee Parish. The EPA therefore 
approved the request for redesignation to attainment with respect to 
ozone for Pointe Coupee Parish on December 20, 1996.
    (i) Incorporation by reference. Letter dated August 31, 1995, from 
Mr. Gustave Von Bodungen, P.E., Assistant Secretary, Louisiana 
Department of Environmental Quality, transmitting a copy of the Pointe 
Coupee Parish maintenance plan for the EPA's approval.
    (ii) Additional material. (A) Letter dated August 28, 1995, from 
Governor Edwin E. Edwards of Louisiana to Ms. Jane Saginaw, Regional 
Administrator, requesting the reclassification and redesignation of 
Pointe Coupee Parish to attainment for ozone.
    (B) The ten year ozone maintenance plan, including emissions 
projections and contingency measures, submitted to EPA as part of the 
Pointe Coupee Parish redesignation request on December 20, 1995.
    (71) A revision to the Louisiana SIP addressing the 15 percent rate-
of-progress requirements was submitted by the Governor of Louisiana by 
cover letter dated December 15, 1995. This revision, submitted to 
satisfy the requirements of section 182(b) of the Clean Air Act (Act), 
will aid in ensuring that reasonable further progress is made towards 
attaining the national ambient air quality standard (NAAQS) for ozone.
    (i) Incorporation by reference. (A) Revisions to LAC, Title 33, 
Environmental Quality, Part III. Air; Chapter 21. Control of Emissions 
of Organic Compounds, Subchapter A. General; section 2108. Marine Vapor 
Recovery, paragraphs B.1., B.2., B.3., B.3.a. through B.3.d., B.4.a., 
B.4.b., B.5., B.6., D.1.a., D.1.a.i., D.1.a.ii., D.1.b., D.2., D.3., 
D.4.a., D.4.b., D.4.c., D.4.c.i., D.4.c.ii., D.4.d., D.4.e., D.4.e.i., 
D.4.e.ii., D.4.f., D.4.g., E.2., E.2.a. through E.2.c., F.1., F.2., 
F.3., G.1., G.2., as adopted by LDEQ on October 20, 1988.
    (B) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter 
A. General; section 2108. Marine Vapor Recovery, paragraphs A., B. 
Definitions-Barge, Crude Oil, Gasoline, Ship, C., C.1., C.2., C.3., 
C.3.a. through C.3.d. (note: paragraphs B.1., B.2., B.3., and B.3.a. 
through B.3.d., as adopted on October 20, 1988, were moved to C.1., 
C.2., C.3., and C.3.a. through C.3.d. without repromulgating), C.4., 
C.4.a., C.4.b., C.5., C.6. (note: paragraphs B.4.a., B.4.b., B.5., and 
B.6., as adopted on October 20, 1988, were moved to C.4.a., C.4.b., 
C.5., and C.6. without repromulgating), D.1., D.1.a. through D.1.c., 
D.2., D.2.a. through D.2.c., D.3., E., E.1., E.1.a., E.1.a.i., 
E.1.a.ii., E.1.b., E.2., E.3. (note: D.1.a., D.1.a.i., D.1.a.ii., 
D.1.b., D.2., and D.3., as adopted October 20, 1988, were moved to 
E.1.a., E.1.a.i., E.1.a.ii., E.1.b., E.2., and E.3. without 
repromulgating), E.4., E.4.a., E.4.b., E.4.c., E.4.c.i., E.4.c.ii., 
E.4.d., E.4.e., E.4.e.i., E.4.e.ii., E.4.f., E.4.g. (note: D.4.a., 
D.4.b., D.4.c., D.4.c.i., D.4.c.ii., D.4.d., D.4.e., D.4.e.i., 
D.4.e.ii., D.4.f., and D.4.g, as adopted on October 20, 1988, were moved 
to E.4.a., E.4.b., E.4.c., E.4.c.i., E.4.c.ii., E.4.d., E.4.e., 
E.4.e.i., E.4.e.ii., E.4.f., and E.4.g. without repromulgating), E.5., 
F., F.1., F.2., F.2.a. through F.2.e. (note: E.2. and E.2.a. through 
E.2.c., as adopted on October 20, 1988, were moved to F.2. and F.2.a 
through F.2.c. without repromulgating), G., G.1., G.2., G.3. (note: 
F.1., F.2., and F.3., as adopted October 20, 1988, were moved to G.1., 
G.2., and G.3. without repromulgating), H., H.1., H.2. (note: G.1. and 
G.2., as adopted on October 20, 1988, were moved to H.1. and H.2. 
without repromulgating), as adopted by LDEQ on November 20, 1990.
    (C) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter 
A. General; section 2122. Fugitive Emission Control for Ozone 
Nonattainment Areas, paragraphs A., A.1. through A.5., A.6., A.6.a. 
through A.6.d., B. Definitions-Connector, Good Performance Level, Heavy 
Liquid Service, Inaccessible Valve/Connector, In Vacuum Service, Light 
Liquid, Light Liquid Service, Liquid Service, Process Unit, Process

[[Page 860]]

Unit Shutdown, Unrepairable Component, C., C.1., C.1.a. through C.1.c., 
C.2. through C.5., D., D.1., D.1.a., D.1.a.i., D.1.a.ii., D.1.b., 
D.1.b.i. through D.1.b.v., D.1.c. through D.1.e., D.2., D.2.a., D.2.b., 
D.2.b.i. through D.2.b.iii., D.3., D.3.a. through D.3.d., D.4., D.4.a. 
through D.4.k., D.5., E.1.a. through E.1.f., E.2., E.3., E.3.a., 
E.3.a.i. through E.3.a.v., E.3.b., E.3.b.i. through E.3.b.v., F., F.1., 
F.2., F.2.a. through F.2.j., F.3., G., G.1. through G.13., as adopted by 
LDEQ on October 20, 1994.
    (D) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter 
A. General; section 2122. Fugitive Emission Control for Ozone 
Nonattainment Areas, paragraphs E., E.1., E.1.g., as adopted by LDEQ on 
November 20, 1994.
    (E) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter 
A. General; section 2103. Storage of Volatile Organic Compounds, 
paragraphs A., B., D.1., D.1.a. through D.1.d., D.2., D.2.a. through 
D.2.e., E., F., G., G.1. through G.4., H., H.1., H.2., H.2.a. through 
H.2.e., H.3., I., I.1., I.2., I.2.a. through I.2.c., I.3. through I.5., 
as adopted by LDEQ on December 20, 1994.
    (F) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air;

Chapter 21. Control of Emissions of Organic Compounds, Subchapter A. 
General; section 2103. Storage of Volatile Organic Compounds, paragraphs 
C., D., D.3., as adopted by LDEQ on November 20, 1995.
    (G) Revisions to LAC, Title 33, Environmental Quality, Part III. 
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter 
A. General; section 2103. Storage of Volatile Organic Compounds, 
paragraph D.4., as adopted by LDEQ on December 20, 1995.
    (H) Reasonable Further Progress Agreed To Order, dated December 16, 
1994, issued by the Assistant Secretary of the State of Louisiana 
Department of Environmental Quality in the matter of BASF Corporation, 
Geismar, Louisiana.
    (I) Reasonable Further Progress Agreed To Order, dated August 22, 
1994, issued by the Assistant Secretary of the State of Louisiana 
Department of Environmental Quality in the matter of CosMar Company, 
Inc., Carville, Louisiana.
    (J) Reasonable Further Progress Agreed To Order, dated September 26, 
1994, issued by the Assistant Secretary of the State of Louisiana 
Department of Environmental Quality in the matter of Shell Chemical 
Company, Geismar, Louisiana.
    (K) Reasonable Further Progress Agreed To Order, dated September 8, 
1994, issued by the Assistant Secretary of the State of Louisiana 
Department of Environmental Quality in the matter of Uniroyal Chemical 
Company, Inc., Geismar, Louisiana.
    (L) Reasonable Further Progress Agreed To Order, dated September 8, 
1994, issued by the Assistant Secretary of the State of Louisiana 
Department of Environmental Quality in the matter of Vulcan Chemicals, 
Geismar, Louisiana.
    (M) SIP narrative plan entitled, ``Revision to the 15% Rate of 
Progress Plan and 1990 Emissions Inventory,'' dated December 28, 1995, 
page 11, Section 2.2, 1996 Target Level Emissions, first paragraph; page 
23, Section 5, Table 2--Reductions in Plan; page 173, Appendix G, 
table--Reductions from Industrial Sources through 1996 Used for the 15% 
Requirement, which ends on page 174.
    (ii) Additional materials. (A) SIP narrative plan entitled, 
``Revision to 15% Rate of Progress Plan and 1990 Emissions Inventory,'' 
submitted by the Governor of Louisiana on December 15, 1995, except 
Section 6. Contingency Measures Documentation, Appendix M. Contingency 
Reductions Documentation, and Appendix N. Banking Regulations.
    (B) Letter dated May 3, 1996, from Gustave Von Bodungen, Louisiana 
Department of Environmental Quality, to Thomas Diggs, U.S. Environmental 
Protection Agency, transmitting supplemental documentation for the 15 
Percent Rate of Progress Plan.
    (72) Revisions to the Louisiana SIP addressing VOC RACT Negative 
Declarations. The Governor of Louisiana submitted the negative 
declarations for reasonably available control technology (RACT) for the 
Baton Rouge ozone nonattainment area on December 15, 1996. Section 
172(c)(1) of the

[[Page 861]]

Clean Air Act requires nonattainment areas to adopt, at a minimum, 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 CTG/ACT category exist in a 
nonattainment area, a State may submit a negative declaration for that 
category. Louisiana's submittal included two negative declaration 
letters from Mr. Gustave Von Bodungen to Ms. Karen Alvarez dated April 
6, 1994, and June 20, 1994, for the following source categories: offset 
lithography, plastic parts-business machines, plastic parts-others, wood 
furniture, aerospace coatings, autobody refinishing, and shipbuilding 
coatings/repair. This submittal satisfies section 182(b)(2) of the Clean 
Air Act Amendments of 1990 for these particular CTG/ACT source 
categories for the Baton Rouge ozone nonattainment area.
    (i) Incorporation by reference. The letter dated December 15, 1995, 
from the Governor of Louisiana to the Regional Administrator, submitting 
a revision to the Louisiana SIP for VOC RACT rules, which included VOC 
RACT negative declarations.
    (ii) Additional material. (A) The negative declaration letter dated 
April 16, 1994, from Mr. Gustave Von Bodungen to Ms. Karen Alvarez.
    (B) The negative declaration letter dated June 20, 1994, from Mr. 
Gustave Von Bodungen to Ms. Karen Alvarez.
    (73) The Louisiana Department of Environmental Quality submitted a 
redesignation request and maintenance plan for Calcasieu Parish on 
December 20, 1995. The redesignation request and maintenance plan meet 
the redesignation requirements in section 107(d)(3)(E) of the Act. The 
redesignation meets the Federal requirements of section 182(a)(1) of the 
Act as a revision to the Louisiana ozone State Implementation Plan for 
Calcasieu Parish. The EPA therefore approved the request for 
redesignation to attainment with respect to ozone for Calcasieu Parish 
on June 2, 1997.
    (i) Incorporation by reference. Letter dated December 20, 1995, from 
Governor Edwin E. Edwards of Louisiana to Ms. Jane Saginaw, Regional 
Administrator, transmitting a copy of the Calcasieu Parish maintenance 
plan and requesting the redesignation of Calcasieu Parish to attainment 
for ozone.
    (ii) Additional material.The ten year ozone maintenance plan, 
including emissions projections and contingency measures, submitted to 
EPA as part of the Calcasieu Parish redesignation request on December 
20, 1995.
    (74) Revisions to the Louisiana Department of Environmental Quality 
Regulation Title 33, Part III, Chapter 21, Control of Emission of 
Organic Compounds, submitted by the Governor on December 15, 1995.
    (i) Incorporation by reference. (A) LAC, Title 33, Part III, Chapter 
21, Section 2147, Limiting Volatile Organic Compound Emissions from 
Reactor Processes and Distillation Operations in the Synthetic Organic 
Chemical Manufacturing Industry, adopted in the Louisiana Register on 
April 20, 1995 (LR 21:380).
    (B) LAC, Title 33, Part III, Chapter 21, Section 2149, Limiting 
Volatile Organic Compound Emissions from Batch Processing, adopted in 
the Louisiana Register on April 20, 1995 (LR 21:387).
    (C) LAC, Title 33, Part III, Chapter 21, Section 2151, Limiting 
Volatile Organic Compound Emissions from Cleanup Solvent Processing, 
adopted in the Louisiana Register on April 20, 1995 (LR 21:391).
    (ii) Additional material. (A) Letter of negative declaration for 
wood furniture dated January 21, 1997, from the State of Louisiana 
Department of Environmental Quality.
    (75) A revision to the Louisiana State Implementation Plan for 
General Conformity: LAC 33:III. Chapter 14. Subchapter A ``Determining 
Conformity of General Federal Actions to State or Federal Implementation 
Plan,'' Section 1405.B as adopted by the Louisiana Department of 
Environmental Quality Secretary and published in the Louisiana Register, 
Vol. 23, No. 6, 720, June 20, 1997, was submitted by the Governor on 
September 8, 1997.

[[Page 862]]

    (i) Incorporation by reference. (A) Louisiana General Conformity: 
LAC 33:III. Chapter 14. Subchapter A ``Determining Conformity of General 
Federal Actions to State or Federal Implementation Plan'', Section 
1405.B as adopted by the Louisiana Department of Environmental Quality 
Secretary and published in the Louisiana Register, Vol. 23, No. 6, 720, 
June 20, 1997.
    (76) [Reserved]
    (77) Revisions to the Louisiana Administrative Code, Title 33, Part 
III, Chapter 21, Section 2149 (LAC 33:III.2149), ``Limiting Volatile 
Organic Compound Emissions from Batch Processing,'' submitted by the 
Governor on March 23, 1998.
    (i) Incorporation by reference. LAC 33:III Chapter 21, revised 
paragraph 2149.A.2.b; paragraphs 2149.C.2.a, b, and c become paragraphs 
2149.C.2.d, e, and f respectively; and add new paragraphs 2149.C.2.a, b, 
and c, as adopted in the Louisiana Register on November 20, 1997 (LR 
23:1507).
    (ii) Additional material.None.
    (78) [Reserved]
    (79) Site-specific revision to the 15% Rate-of-Progress plan 
submitted by the Governor in a letter dated December 20, 1997. The 
revision provides for a schedule extension for installation of guide 
pole sliding cover gaskets on 33 external floating roof tanks located at 
the Baton Rouge refinery of Exxon Company U.S.A.
    (i) Incorporation by reference. Letters dated July 17, 1997, and 
September 12, 1997, from the LDEQ to Exxon Company U.S.A. approving the 
compliance date extension; which are included in the State 
Implementation Plan submittal entitled, ``Summary of 15% Rate-of-
Progress State Implementation Plan Revision,'' dated December 20, 1997.
    (ii) Additional material. (A) Letter from the Governor of Louisiana 
dated December 20, 1997, transmitting a copy of the State Implementation 
Plan revision.
    (B) Letters dated November 13, 1996; May 14, 1997; and July 3, 1997; 
from Exxon Company U.S.A. to the LDEQ requesting the compliance date 
extension and including a list of the subject tanks, the date of the 
next maintenance downtime, and emissions estimates for the tanks; which 
are included in the State Implementation Plan submittal entitled, 
``Summary of 15% Rate-of-Progress State Implementation Plan Revision,'' 
dated December 20, 1997.

[37 FR 10869, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.999, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. Sec. 52.1000-52.1018  [Reserved]


[[Page 863]]



                              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 865]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2012)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        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 2--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)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      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 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      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)

[[Page 866]]

       XXX  Department of Homeland Security (Parts 3000--3099)
      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)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)
        II  Recovery Accountability and Transparency Board (Parts 
                200--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         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)

[[Page 867]]

    XXXIII  Overseas Private Investment Corporation (Parts 4300--
                4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        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)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         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)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      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)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
    LXXXII  Special Inspector General for Iraq Reconstruction 
                (Parts 9200--9299)

[[Page 868]]

   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--99)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and 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)

[[Page 869]]

     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)
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      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)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  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)

[[Page 870]]

       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 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--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)
         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research (Parts 1600--1699)
      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)

[[Page 871]]

               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--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 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)

[[Page 872]]

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. 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  U.S. 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  Office of Workers' Compensation Programs, 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)

[[Page 873]]

                       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)
         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  Millennium 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)

[[Page 874]]

        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of 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)
      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)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099)
       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)

[[Page 875]]

        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--End)

           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)
       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)

[[Page 876]]

      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  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 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)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)

[[Page 877]]

         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)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  National Institute for Literacy (Parts 1100--1199)
       XII  National Council on Disability (Parts 1200--1299)

[[Page 878]]

                          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)

             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 
                300--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--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       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)

[[Page 879]]

        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 A--Federal Procurement Regulations System 
                [Note]
            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)
    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)
   103-104  [Reserved]
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
   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)

[[Page 880]]

        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--599)
         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 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             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)

                       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)

[[Page 881]]

      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)
        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)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)

           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  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)

[[Page 882]]

        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]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (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)

[[Page 883]]

       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)
         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 885]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2012)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  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
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, 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
  National Institute of Food and Agriculture      7, XXXIV
  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

[[Page 886]]

Appalachian Regional Commission                   5, IX
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
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
Bureau of Ocean Energy Management, Regulation,    30, II
     and Enforcement
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazardous Investigation       40, VI
     Board
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
Court Services and Offender Supervision Agency    5, LXX
     for the District of Columbia
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               2, XIII; 44, IV; 50, VI
  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
  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
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       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 Financial Protection Bureau              12, X
Consumer Product Safety Commission                5, LXXI; 16, II
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    5, LXX; 28, VIII
   for the District of Columbia
[[Page 887]]

Customs and Border Protection                     19, I
Defense Contract Audit Agency                     32, I
Defense Department                                2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  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
  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          5, LXX; 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                          2, XXXIV; 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                    2, LVIII; 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                             2, IX; 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

[[Page 888]]

  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-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                       5, XXXVII; 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                    5, LXXX; 12, XII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
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
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
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

[[Page 889]]

Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General 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                  2, XXX; 6, I; 8, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  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

[[Page 890]]

Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
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, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department                               2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Bureau of Ocean Energy Management, Regulation,  30, II
       and Enforcement
  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
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  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 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
Iraq Reconstruction, Special Inspector General    5, LXXXVII
     for
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, XXVIII; 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

[[Page 891]]

  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Office of Workers' Compensation Programs        20, VII
  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
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
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   2, XXII; 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; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Food and Agriculture        7, XXXIV
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
National Mediation Board                          29, X

[[Page 892]]

National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       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, IV
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Natural Resource Revenue, Office of               30, XII
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                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Offices of Independent Counsel                    28, VI
Office of Workers' Compensation Programs          20, VII
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                                       2, XXXVII; 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, 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
Recovery Accountability and Transparency Board    4, II
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

[[Page 893]]

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
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 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 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; 47, IV; 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                   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
  Financial Crimes Enforcement Network            31, X
  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

[[Page 894]]

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
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 895]]



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 State implementation plan determinations...........1046, 28836, 31544
    Technical correction...............33740, 34743, 36035, 43796, 43797
    State implementation plan determinations........40609, 44973, 53787, 
                                                                   58070
    Policy statement........................................42956, 51574
    Actions on petitions...........................................47578
    Comment period extended.................................47887, 52533
52.50 (c) table amended............................................36920
    (c) and (e) table amended...............................56219, 56224
52.70 (c)(30) added; eff. 8-20-01..................................33029
52.120 (c)(67)(i)(D) and (94)(i)(D) added............................733
    (c)(18)(iv)(D) through (G), (46)(i)(B) and (C) added...........21679
    (c)(18)(i)(B), (ii)(A), (iii)(A) and (35)(i)(B) added; eff. 7-
20-01..............................................................27874
    (c)(94)(i)(E) added; eff. 7-23-01..............................28668
    (c)(94)(i)(F) added; eff. 8-7-01...............................30817
    Regulation at 66 FR 21679 withdrawn............................33030
    (c)(18)(iv)(D) through (G), (46)(i)(B) and (C) added...........38568
    (c)(94)(i)(E) removed..........................................42123
    (c)(97) added..................................................48089
    (c)(46)(i)(D) added............................................49295
    (c)(98) added..................................................51873
    (c)(94)(i)(E) added............................................59702
    correctly removed; CFR correction..............................66769
52.170 (c) table amended...........................................51316
52.220 (c)(239)(i)(E)(6) added.....................................17079
    (c)(277)(i)(C)(4) and (279) added..............................20086
    (c)(244)(i)(G) added...........................................20089
    (c)(54)(viii)(C), (86)(ii)(B), (124)(xii)(B), (138)(i)(B), 
(168)(i)(A)(4), (222)(i)(E), (230)(i)(E) and (231)(i)(D) added.....21877
    (c)(230)(i)(A)(3) added........................................28057
    (c)(262)(i)(E)(2) added; eff. 7-23-01..........................28668
    (c)(198)(i)(B)(2) and (c)(280) added; eff. 8-7-01..............30817
    (c)(279)(i)(B) added; eff. 8-13-01.............................31556
    (c)(159)(iii)(C), (254)(i)(D)(5), (279)(i)(A)(2), and (B)(2) 
added..............................................................36172
    (c)(182)(i)(F)(4), (196)(i)(F)(4) and (279)(i)(B)(3) added.....37153
    (c)(277)(i)(C)(5) and (280)(i)(B)(1) added.....................37156
    (c)(260)(i)(B) and (266)(i)(B)(3) added........................37591
    (c)(255)(i)(A)(5), (D)(2), (264)(i)(D)(1), (273)(i)(A)(2) and 
(277)(i)(C)(6) added...............................................38564
    (c)(266)(i)(B)(4) and (279)(i)(A)(3) added.....................38940
    (c)(239)(i)(E)(7) and (278)(i)(C)(2) added.....................40901
    (c)(239)(i)(C)(2) and (279)(i)(A)(4) added.....................42128
    (c)(280)(i)(A)(2)..............................................43485
    (c)(183)(i)(H)(2) through (6) and (281) added..................44977
    (c)(173)(i)(F) and (282) added.................................47394
    (c)(283) added.................................................48347
    (c)(279)(i)(A)(5) and (284) added..............................50321
    (c)(175)(i)(B)(2) added........................................51568

[[Page 896]]

    (c)(277)(i)(C)(7) added........................................51570
    (c)(285) added.................................................51578
    (c)(27)(vii)(C), (42)(x)(B), (279)(i)(A)(6), (280)(i)(B)(2), 
(281)(i)(A)(2) added...............................................51581
    (c)(285)(i)(B) added...........................................53342
    (c)(282) removed...............................................57387
    (c)(230)(i)(D)(2), (269)(i)(C)(2) and (277)(i)(D) added........57668
52.222 (a)(7)(i) added.............................................44978
52.223 (e) added...................................................48347
52.237 (a)(6) added................................................48347
52.242 (a)(3) added................................................49297
52.269 (b)(3)(iii) added; eff. 7-23-01.............................33179
52.320 (c)(90) added; eff. 8-14-01.................................32554
    (c)(93) added..................................................35379
    (c)(11)(i) added...............................................47086
    (c)(94) added..................................................47092
    (c)(92) added..................................................48564
    (c)(96) added..................................................64757
52.332 (j) added; eff. 8-14-01.....................................32554
    Heading revised; (k) added.....................................55105
52.349 (f) added; eff. 8-27-01.....................................34116
    (g) added......................................................64757
52.350 Added.......................................................47092
52.351 Added.......................................................64758
52.370 (c)(88) added...............................................16136
    (c)(90) added..................................................63312
52.374 Table amended.................................................663
52.377 Existing text designated as (a); (b) added....................663
    (b) revised; (c) and (d) added.................................63938
52.385 Table amended........................................16137, 63312
52.420 (c) table amended............................................9211
    (c) table amended..............................................27462
    (c) table and (d) table amended; eff. 8-13-01..................32234
52.424 (d) removed; eff. 8-13-01...................................32234
52.426 Heading revised; existing text designated as (a); (b), (c) 
        and (d) added..............................................54614
52.470 (c) table amended; eff. 7-9-01..............................23614
    (c) table amended..............................................55102
52.475 Added.........................................................631
52.476 (a) existing text designated as (a); (b) and (c) added........631
52.520 (e) added...................................................40139
52.570 (c) table and (e) table amended.............................35909
52.670 (c)(32) and (33) added......................................18876
    (c)(34) added..................................................19724
52.720 (c)(156) added; eff. 7-18-01................................32774
    (c)(158) added.................................................52359
    (c)(159) added.................................................56454
    (c)(157) added.................................................56465
    (c)(161) added.................................................59704
    (c)(162) added.................................................59706
    (c)(160) added.................................................64148
52.726 (z) added....................................................9209
    (aa) added.....................................................21099
    (bb) added.....................................................34011
    (dd) added.....................................................56931
52.770 (c)(138) added; eff. 7-30-01................................29491
    (c)(139) added; eff. 7-30-01...................................29495
    (c)(140) added; eff. 8-13-01...................................31552
    (c)(141) added.................................................37419
    (c)(143) added.................................................47890
    (c)(142) added.................................................49299
    (c)(144) added.................................................56476
    (c)(145) added.................................................56958
    (c)(146) added.................................................59711
52.777 (x) added...................................................53684
    (y) added......................................................56958
52.870 (c) table amended...........................................64150
52.920 (d) table amended; eff. 7-9-01..............................23617
    (e) table amended..............................................43491
    (b)(1) and (2) revised; (c) table added........................53659
    (c) table, (d) table and (e) table amended.....................53664
    (d) table and (e) table amended................................53684
    (c) table amended..............................................53689
52.930 (k) added...................................................53665
52.970 (c) table amended; eff. 7-30-01.............................29493
52.975 (f) revised.................................................66321

                                  2002

40 CFR
                                                                   67 FR
                                                                    Page
Chapter I
52 Policy statement............................................18, 21868
    State implementation plan determinations.....3819, 7960, 8723, 8893, 
          9405, 11925, 15336, 16642, 17007, 20034, 30589, 44369, 48032, 
                                                     52414, 61784, 62388
    Notice.........................................................10844
    Technical correction....................................15338, 39473
    Determination..................................................42500
    Attainment status determinations...............................67113

[[Page 897]]

52.21 (a) and (i)(4) through (13) redesignated as (a)(1) and 
        (i)(1) through (10); (b)(1)(i)(a), (b), (2)(i), (5), 
        (23)(i), (ii), new (i)(4), new (5)(i), (j)(2) and (3) 
        amended; (a)(2), (b)(2)(iv), (3)(vi)(d), (ix), (39) 
        through (54), (r)(5), (6), (7) and (x) through (bb) added; 
        (b)(2)(i), (ii), (iii)(h), (i), (iii), (iv), (vi)(b), (c), 
        (7), (8), (13), (21), (32) and (i) introductory text 
        revised; (b)(33), (i)(1), (2) and (3) removed..............80274
52.50 (b) revised...................................................4669
    (c) amended....................................................17288
    (c) table amended..............................................76317
52.70 (c)(31) added..................................................824
    (c)(32) added...................................................5069
52.73 Added........................................................58712
52.120 (c)(104) added; eff. 8-26-02................................43019
    (c)(103) added; eff. 8-26-02...................................43027
    (c)(99) through (102) added....................................48736
    (c)(105) added.................................................52418
    (c)(106) added.................................................54959
    (c)(84)(i)(G), (H) and (107) added.............................68767
52.122 Added.......................................................54743
52.123 (f)(1)(i) removed; (j) added................................48739
52.124 (b) and (c) removed.........................................48739
52.133 (e) added...................................................59460
    (f) and (g) added..............................................68767
52.220 (c)(286) and (287) added.......................................21
    (b)(1)(ii), (2)(ii), (4)(ii), (6) through (11), (c)(6)(ii)(B), 
(iii)(B), (iv)(B), (v)(B), (vi)(B), (vii)(B), (x)(B), (x)(i)(B), 
(xii)(B), (xiii)(B), , (xiv)(B), (xv)(B), (xvi)(B), (xvii)(B), 
(xix)(B), (xx) through (xxii), (21)(ix)(D), (xviii)(B), 
(24)(vi)(D), (25)(vii)(B), (26)(ii)(D), (iv)(D), (E), (xvii)(D), 
(27)(vii)(D), (viii)(D), (28)(viii)(B), (29)(vi)(C), (30)(v)(B), 
(vi)(B), (31)(i)(G), (iii)(B), (vi)(E), (xviii)(F), (32)(ii)(C), 
(iii)(F), (35)(iii)(D), (v)(C), (xii)(H), (xiii)(D), (xv)(F), 
(37)(iv)(E), (v)(D), (39)(iii)(G), (iv)(G), (vii)(D), (x)(D), 
(41)(ix)(D), (x)(D) through (G), (42)(i)(F), (iii)(D), (viii)(B), 
(x)(C), (xiv)(D), (44)(iv)(D), (51)(xi)(B), (xiii)(C), (xiv)(D), 
(xviii)(B), (xx)(C), (52)(ii)(C), (iv)(F), (xi)(C), (xv)(D), 
(xvi)(C), (54)(vi)(B), (70)(iv)(B), (85)(vi)(C), (vii)(B), (x)(B), 
(89)(iii)(B), (C), (92)(iv)(B), (93)(iii)(C), (iv)(D), 
(96)(iii)(C), (98)(i)(E), (101)(ii)(G), (103)(xi)(B), (xiii)(C), 
(xiv)(C), (xvii)(C), (119)(i)(D), (124)(ii)(B), (125)(iv)(C), 
(v)C), (126)(ii)(B), (127)(v)(C), (vii)(F), (G), (137)(i)(C), 
(ii)(E), (138)(i)(C), (ii)(E), (iii)(B), (iv)(B), (v)(E), 
(140)(i)(D), (iii)(C), (148)(ii)(C), (153)(ii)(D), (154)(i)(D), 
(155)(v)(C), (156)(ii)(B), (158)(i)(C), (159)(iii)(D), 
(164)(i)(A)(2), (B)(3), (168)(i)(A)(5), (C)(3), (173)(i)(B)(2), 
(D)(2), (177)9I)(D)(3), (179)(i)(B)(2), (E)(4) and (246)(i)(A)(3) 
added; second (c)(51)(xiv)(B) redesignated as (c)(51)(xiv)(C).......2576
    (c)(289) added..................................................3818
    (c)(235) added..................................................5727
    (c)(279)(i)(A)(7) added.........................................5729
    (c)(282) and (284)(i)(B) added..................................5735
    (c)(286) added..................................................6411
    (c)(282)(i)(B) added............................................8723
    (c)(290) added..................................................8726
    (c)(288) added..................................................8897

[[Page 898]]

    (c)(230)(i)(D)(3), (244)(i)(E)(2) and (254)(i)(A)(5) added......9214
    (c)(291) added..................................................9404
    (c)(194)(i)(C)(5) added........................................16027
    (c)(292) added.................................................16640
    (c)(255)(i)(F) and (284)(i)(B)(2) added........................16642
    (c)(293) added.................................................16646
    (c)(284)(i)(A)(2) Added........................................19684
    (c)(291) removed...............................................19685
    (c)(244)(i)(G)(2) and (286)(i)(A)(2) added.....................20647
    (c)(294) added.................................................30594
    (c)(295) added.................................................34407
    (c)(285)(C) added..............................................35456
    (c)(284)(i)(B)(3) and (288)(i)(C) added; eff. 7-22-02..........36108
    (c)(297) added; eff. 8-5-02....................................38398
    (c)(254)(i)(L), (270)(i)(C)(3) and (278)(i)(A)(2) added; eff. 
8-9-02.............................................................39618
    (c)(288)(i)(B) added; eff. 8-13-02.............................40870
    (c)(294)(i)(A)(2) added; eff. 8-26-02..........................42728
    (c)(294)(i)(A)(3) added; eff. 7-26-02..........................43002
    (c)(284)(i)(B)(5) added; eff. 7-26-02..........................43006
    (c)(280)(i)(A)(3) and (C)(2) added.............................44065
    (c)(297)(i)(B) added...........................................45066
    (c)(284)(i)(C), (292)(i)(B) and (296) added....................45069
    (c)(297)(i)(A)(2) added........................................46598
    (c)(284)(i)(A)(3) and (B)(4) added.............................46878
    (c)(294)(i)(A)(4) added........................................47703
    (c)(286) introductory text revised; (c)(286)(i)(A)(3), 
193)(i)(A)(2), 297)(i)(A)(3) and (i)(C) added......................52614
    (c)(297)(i)(D) added...........................................54351
    (c)(298) added.................................................54965
    (c)(297)(i)(C)(2) added........................................57956
    (c)(284)(i)(B)(6) added........................................57960
    (c)(299) added.................................................57962
    (c)(242)(i)(b)(2) added........................................62378
    (c)(300) added.................................................62387
    (c)(284)(i)(D) added...........................................65504
    (c)(279)(i)(A)(9), (2)(84)(C)(i)(2) and (D)(2) added...........65876
    (c)(279)(i)(A)(8) and (288)(i)(D) added........................67316
    Regulation at 67 FR 62387 withdrawn............................70556
    (c)(301) added.................................................72574
    (c)(215)(i)(F), (264)(10)(i)(C)(2) and (281)(i)(B) added.......72844
52.222 (a)(3)(ii) added............................................54741
52.242 (a)(1)(ii) and (2) added....................................62385
52.244 Added.......................................................69146
52.320 (c)(95) added...............................................58337
52.332 (l) added...................................................58338
52.420 (c) table amended...........................................70316
52.520 (e) table amended...........................................53317
52.569 Removed......................................................8202
52.570 (c) table and (e) table amended..............................8202
    (c) table amended..............................................19336
    (e) table amended..............................................30589
    (c) table amended..............................................45913
    (d) table amended..............................................45915
    (e) table amended..............................................60871
52.670 (c)(35) added; eff. 8-26-02.................................43012
52.672 Added.......................................................65718
52.720 (c)(164) added..............................................18117
    (c)(166) added.................................................34616
    (c)(165) added; eff. 7-29-02...................................37325
    Regulation at 67 FR 18117 withdrawn............................39858
52.770 Regulation at 66 FR 59711 withdrawn in part..................3816
    (c)(150) added; eff. 7-30-02...................................38009
    (c)(146) added.................................................46594
    (c)(151) added.................................................52616
    (c)(148) added.................................................57517
    (c)(152) added.................................................63270
    (c)(153) added.................................................70012
    Regulation at 67 FR 63270 withdrawn............................70850
    (c)(155) added.................................................72846
    (c)(156) added.................................................79861
52.820 (c) table amended............................................9593
    (c) table amended..............................................62891
    (d) heading and table amended..................................67565
52.869 Removed.....................................................66060
52.870 (c) table amended............................................6658
    (e) table amended..............................................55728
    (c) table amended..............................................66060
52.919 Added.......................................................53314
52.920 (e)(3) table corrected.......................................5953
    (c) table amended..............................................17630
    (c) table amended................................59786, 69690, 79525
    (d) table amended..............................................77432
52.970 (c) table amended; eff. 8-19-02.............................41842
    (e) table amended................................60593, 60594, 61801
    (c) table amended.........................60595, 60877, 60885, 61270

[[Page 899]]

                                  2003

40 CFR
                                                                   68 FR
                                                                    Page
Chapter I
52 Policy statement..........................................4932, 14159
    State implementation plan determinations...7321, 8838, 13840, 33633, 
                                       37746, 42172, 56180, 67807, 69318
    Authority delegation notices...................................52837
    Policy statement...............................................44620
    Technical correction.......................7428, 26495, 45897, 67598
    Attainment status determinations...............................37420
52.21 Policy statement.............................................19371
    (b)(2)(iii)(a) revised; (b)(55) through (58) and (cc) added....61279
    (b)(7)(ii) and (aa)(6) revised; (b)(33) added..................63028
52.50 (b), (c), (d), and (e) revised................................5222
    Corrected.......................................................7174
    (c) table amended..............................................20077
52.96 (b) revised...........................................11321, 74488
52.120 (c)(108) and (109) added.....................................2914
    (c)(110) added.................................................14154
    (c)(94)(i)(G) added............................................18548
    (c)(111) added.................................................62244
52.123 (k) added....................................................2914
52.144 (b) revised..........................................11321, 74488
52.181 (b) revised..........................................11322, 74488
52.220 (c)(303) added...............................................3192
    (c)(302) added..................................................4932
    (c)(304) added..................................................8835
    (c)(297)(i)(D)(2) and (303)(i)(C)(1) added......................8837
    (c)(302)(i)(A)(3) added.........................................8841
    (c)(300) added..................................................9017
    (c)(305) added..................................................9565
    (c)(284)(i)(A)(4), (285)(i)(D), (302)(i)(B)(2) added...........10969
    (c)(159)(iii)(E), (194)(i)(G)(2), and (279)(i)(A)(10) added....13845
    (c)(307) and (308) added.......................................14159
    (c)(279)(i)(A)(11) and (288)(i)(D)(2) added....................14163
    (c)(277)(i)(C)(3) added........................................18548
    (c)(247)(i)(A)(4), (272)(i)(A)(2), and (309) added.............19317
    (c)(247)(i)(A)(5) and (309)(i)(A)(2)...........................19319
    (c)(21)(vi)(D), (41)(ii)(F), (103)(ii)(E), (176)(i)(B)(2), 
(182)(i)(E)(2), (307)(i)(C) and (308)(i)(B) added..................23038
    (c)(306) added.................................................24369
    (c)(310) and (311) added; eff. 8-4-03..........................33008
    (c)(297)(i)(A)(4) added; eff. 7-3-03...........................33020
    (c)(307)(i)(C)(2) and (312) added; eff. 8-4-03.................33638
    (c)(313) Added; eff. 7-28-03...................................37976
    (c)(314) added.................................................40791
    (c)(231)(i)(E) added...........................................47485
    (c)(310)(i)(B)(1) added........................................51183
    (c)(308)(i)(C) added...........................................51185
    (c)(285)(i)(E) added...........................................51187
    (c)(315) added.................................................51190
    (c)(316) added.................................................52512
    (c)(282)(i)(A)(2) and (288)(i)(E) added........................52517
    (c)(245)(i)(C)(2), (302)(i)(B)(3), (303)(i)(C)(2) and 
(315)(i)(B)(2) added...............................................54170
    (c)(302)(i)(B)(4) added........................................56176
    (c)(317) added.................................................56184
    (c)(296)(i)(A)(2) and (312)(i)(B) added........................59123
    (c)(315)(i)(A)(2) added........................................61756
    (c)(294)(i)(A)(5) and (316)(i)(C) added........................64540
    (c)(293)(i)(A)(3) and (308)(i)(D) added........................65846
    (c)(318) added.................................................67807
    (c)(319) added.................................................69322
52.244 (e) added...................................................19317
    (e)(2) added...................................................19319
52.270 (a)(3), (b)(1) introductory text, (2) introductory text, 
        (3) introductory text and (4) introductory text revised...11322, 
                                                                   74488
52.271 (b)(5), (6) and (d) added...................................62740
52.320 (c)(98) added................................................4934
    (c)(97) added; eff. 7-14-03....................................26219
    (c)(70)(i)(A) amended; (c)(96) introductory text revised; eff. 
7-17-03............................................................35791
    (c)(100) added; eff. 8-29-03...................................38635
    (c)(99) added..................................................43325
52.332 (m) added; eff. 7-14-03.....................................26219
52.343 (b) revised..........................................11322, 74488
52.349 (c) revised; eff. 7-17-03...................................35791
    (h) added......................................................43325
52.370 (c)(91) added................................................9011
    (c)(86)(ii)(C) and (D) added; eff. 8-19-03.....................36924
52.377 (b), (c) and (d) revised....................................70443
52.382 (b) revised..........................................11322, 74488
52.385 Table 52.385 amended.........................................9011
52.420 (c) table amended....................................64542, 66346
52.426 (c)(2) removed; (d) revised; (e) added......................67952
52.470 (c) table amended; eff. 8-4-03..............................33639

[[Page 900]]

52.473 Added.......................................................19131
52.499 (b) revised..........................................11322, 74488
52.520 (c) table amended......................................2205, 3819
    (b) through (e) revised.........................................9554
    Regulation at 68 FR 3819 withdrawn.............................11977
    (e) table amended.......................................20075, 43325
    (d) table amended..............................................23209
    (c) table amended..............................................47473
52.530 (d) introductory text revised........................11322, 74488
52.570 (b), (c) and (d) revised....................................33015
    (c) table amended.......................................40789, 48559
52.632 (b) revised..........................................11322, 74488
52.670 (c)(37) added................................................2222
    (c)(38) added..................................................61109
52.672 (e) revised.................................................61110
52.674 Removed......................................................2222
52.676 Removed.....................................................61110
52.679 Revised......................................................2222
52.681 Revised......................................................2225
52.683 Revised......................................................2226
    (b) and (c) revised..............................11322, 20072, 74489
52.720 (c)(164) added..............................................24888
    (c)(167) added; eff. date 7-14-03..............................25507
52.726 (ee) added..................................................25466
    (ff) added.....................................................53891
52.738 (b) revised..........................................11323, 74489
52.770 (c)(147) added...............................................1972
    (c)(147) regulation at 68 FR 1972 withdrawn.....................9892
    (c)(147) added..................................................9895
    (c)(154) added.................................................15666
    (c)(158) added; eff. 7-25-03...................................23607
    (c)(159) added; eff. 7-25-03...................................37744
    (c)(147) revised...............................................38197
    (c)(162) added.................................................42980
    (c)(163) added.................................................69029
52.776 (j) removed; (r) added.......................................1373
52.793 (b) revised.................................................11323
52.820 (c) table amended....................................10971, 58022
    (c) table corrected............................................62501
52.833 (b) revised..........................................11323, 74489
52.870 (c) table amended.....................................8846, 14541
    (b)(3) revised; (c) table amended; eff. date 8-11-03...........34545
    (b) through (e) revised........................................64533
52.920 Regulation at 67 FR 77432 and 79525 withdrawn................6629
    (e) amended....................................................32384
    (c) table amended; eff. 7-24-03................................37419
    (d) table amended.......................................41084, 59126
    (c) table amended..............................................62239
52.975 (g) added...................................................19375
52.986 (b) revised..........................................11323, 74489
52.992 (e) added...................................................23604

                                  2004

40 CFR
                                                                   69 FR
                                                                    Page
Title 40 Nomenclature change.......................................18803
Chapter I
52 Policy statement............................7096, 40278, 58262, 67060
    State implementation plan determinations........21711, 22443, 29236, 
                                                            29449, 30038
    Attainment status determinations...............................21715
    Hearings.......................................................42560
    Regulation at 69 FR 54578 withdrawn............................64259
    State implementation plan determinations.......................76617
52.21 (b)(2)(iii)(a), (55) through (58) and (cc) footnotes added 
                                                                   40276
52.34 (c)(2)(vi) and (g)(2)(vi) revised; eff. 7-6-04...............31504
52.50 (e) table amended............................................11800
52.70 (c)(34) added; eff. 7-23-04..................................34936
    (c)(35) added..................................................44605
52.73 (a)(1) revised; eff. 7-23-04.................................34936
    (a)(2) revised.................................................44605
52.120 (c)(3)(i)(A), (38)(i)(A) and (56)(i)(A) revised..............2510
    (c)(112) and (113) added.......................................10164
    (c)(91) revised................................................12803
    (c)(114) added.................................................22452
    (c)(84)(i)(I), (J) and (K) added...............................23109
    (c)(115) added.................................................51953
    (c)(110)(i)(A)(2) and (116) added..............................63324
    (c)(117) added.................................................76420
52.220 (c)(293)(i)(B), (297)(i)(A)(5), (E), (F), (300)(i)(B), (C) 
        and (315)(i)(C) added.........................................39
    (c)(148)(iii)(B), (159)(iii)(F) and (320) added.................1684
    (c)(320)(i)(A)(2) added.........................................2302
    (c)(80)(i)(B), (184)(i)(B)(2), (263)(i)(C)(2) and 
(266)(i)(B)(2) redesignated as (c)(80)(i)(E), (184)(i)(B)(10), 
(202)(i)(C)(1) and (266)(i)(B)(1); (c)(35)(iii)(C), (39)(ii)(G), 
(51)(xx)(B), (71) introductory text, new (80)(i)(E), 
(202)(i)(A)(1) and (263)(i)(D)(1) revised; (c)(255)(i)(F), 
(248)(i)(F) and (262)(i)(E) added...................................2510
    (c)(297)(i)(E)(2) and (303)(i)(B)(2) added......................3015
    (c)(307)(i)(D) and (320)(i)(B) added............................3020
    (c)(315)(i)(A)(2) revised.......................................7370

[[Page 901]]

    (c)(321) added..................................................7372
    (c)(316)(i)(D) added...........................................13227
    (c)(280)(i)(C) and (316)(i)(E) added...........................13236
    (c)(260)(i)(C) and (321)(i)(B) added...........................21715
    (c)(323) added.................................................21731
    (c)(322) added.................................................21737
    (c)(197)(i)(C)(5), (199)(i)(D)(8) and (303)(i)(C)(3) added.....22443
    (c)(324) added.................................................22447
    (c)(113)(i)(B) added...........................................27843
    (c)(300)(i)(D)(1), (325) and (326) added.......................28062
    (c)(220)(i)(E) added; eff. 7-19-04.............................29076
    Regulation at 69 FR 13227 withdrawn............................29240
    (c)(277)(i)(C)(8), (320)(i)(A)(3) and (328) added; eff. 7-23-
04.................................................................29453
    (c)(190)(i)(C) through (G), (194)(i)(I) and (J) added; eff. 7-
26-04..............................................................29882
    (c)(317) revised; (e)(327) added...............................30036
    (c)(321)(i)(C) and (328)(i)(A)(2) added; eff. 8-6-04...........31741
    Regulation at 69 FR 31741 withdrawn............................42341
    (c)(316)(i)(D).................................................43520
    (c)(320)(i)(A)(4) and (C) added................................43917
    (c)(329) added.................................................44462
    (c)(328)(i)(B) added...........................................44601
    (c)(316)(i)(F) added...........................................52434
    (c)(225)(i)(H) and (262)(i)(E)(3) added........................53007
    (c)(330) added.................................................53835
    (c)(156)(vii)(B), (189)(i)(A)(8) and (215)(i)(A)(7) added......56357
    (c)(331) added.................................................60964
    (c)(315)(i)(A)(3) added........................................62589
    (c)(332) added.................................................67060
    (b)(2)(iii), (iv), (7)(ii), (10)(ii), (12), (13), (14), 
(c)(6)(i)(D), (ii)(C), (iii)(C), (iv)(C), (v)(C), (vi)(C), (D), 
(vii)(C), (viii)(B), (ix)(B), (x)(C), (xi)(C), (xii)(C), 
(xiii)(C), (xiv)(C), (xvi)(C), (xx)(B), (xxiii), (xxiv), 
(21)(viii)(C), (xiv)(C), (24)(iv)(C), (vii)(F), (G), (x)(F), 
(25)(i)(F), (ii)(E), (26)(viii)(D), (ix)(C), (xvi)(F), (xvii)(E), 
(F), (G), (27)(vii)(E), (viii)(E), (28)(iv)(C), (31)(i)(A), (H), 
(I), (vi)(F), (xviii)(G), (32)(iii)(G), (35)(xii)(I), (xiii)(E), 
(xv)(G), (37)(v)(E), (39)(ii)(H), (I), (iv)(H), (I), (vii)(E), 
(viii)(E), (x)(E), (41)(x)(H), (I), (42)(x)(D), (47)(i)(E), (F), 
(G), (51)(xiii)(D), (xiv)(E), (xx)(D), (52)(xiii)(F), (xvi)(D), 
(56)(ii)(D), (58)(iii)(C), (65)(iv), (v), (79)(v)(B), (80)(i)(F), 
(81)(i)(C), (85)(vi)(D), (x)(C), (89)(iii)(D), (93)(iii)(D), 
(iv)(E), (95)(vi)(B), (96)(iii)(D), (98)(i)(F), (103)(xiii)(D), 
(xvii)(D), (119)(i)(E), (ii)(B), (124)(ii)(C), (vii)(D), (127)(i) 
introductory text, (vii)(H), (I), (137)(vi)(C), (vii)(E) through 
(H), (138)(ii)(F), (155)(v)(D), (159)(iii)(G), (164)(i)(A)(3), 
(168)(i)(A)(6), (E)(4), (171)(i)(D)(6), (172)(i)(A)(4), 
(173)(i)(B)(3), (175)(i)(A)(2), (B)(3), (177)(i)(D)(4), 
(179)(i)(E)(5), (184)(i)(B)(11), (199)(i)(D)(9), (202)(i)(F)(2), 
(230)(i)(E)(2) and (262)(i)(A)(2) added; (c)(127) introductory 
text revised.......................................................67064
    (c)(321)(i)(C) and (332)(i)(B) added...........................67647
    (c)(333) added.................................................76420
52.222 (a)(6)(v) and (vi) added....................................56357
52.242 (a)(4)(i) added..............................................1273
52.271 (b)(7) added................................................76420
52.320 (c)(101) added..............................................47376
    (c)(103) added.................................................54025
    Regulation at 69 FR 47376 withdrawn............................56163
    (c)(101) added.................................................62216
52.332 (n) added............................................47376, 62216
    Regulation at 69 FR 46376 withdrawn............................56163
52.349 (j) added...................................................54025

[[Page 902]]

    (i) added......................................................55759
    (k) added......................................................58269
52.376 (b), (d) and (f) revised; (h) added.........................50073
52.377 (b), (c) and (d) revised.....................................5288
    Regulation at 68 FR 70443 withdrawn.............................5289
52.420 (c) table amended...........................................13740
    (b), (c) and (d) revised; (e) added............................34287
52.470 (b), (c) and (d) revised; (e) added.........................47775
    (c) table amended....76858, 77641, 77644, 77647, 77649, 77905, 77908
52.473 Regulation at 68 FR 19131 eff. date stayed..................19937
52.475 Removed.....................................................43532
52.476 (b) and (c) removed.........................................43522
52.520 (e) table amended.....................................7132, 16172
    (d) table amended..............................................17932
    Regulation at 69 FR 17932 withdrawn............................23109
    (d) table amended; eff. 7-19-04................................33862
52.570 (c) amended; eff. 7-19-04...................................33864
    (e) table amended..............................................42884
    Technical correction...........................................48150
52.620 (c)(17) added...............................................41432
52.670 (c)(38)(i)(A)(12) revised...................................63325
52.720 (c)(169) added..............................................13242
    (c)(168) added.................................................13477
    (c)(170) added; eff. 7-23-04...................................29449
    (c)(172) added; eff. 7-26-04...................................30227
    (c)(168) removed; new (c)(168) added; eff. 8-27-04.............36023
    (c)(173) added.................................................44970
    (c)(171) added.................................................65381
52.770 (c)(152) added...............................................5038
    (c)(164) added.................................................13225
    (c)(165) added; eff. 7-19-04...................................29073
    (c)(166) added.................................................63072
    (c)(157) added.................................................64664
    (c)(161) added.................................................69535
52.777 (aa) added..................................................52431
    (z) added......................................................56173
52.820 (c) table corrected....................................1538, 2967
    (d) table amended; eff. 8-9-04.................................32456
    (b) through (e) revised........................................56944
    (c) table amended.......................................63949, 65378
52.824 (b) revised.................................................56949
52.870 (e) table amended............................................1921
52.920 (b), (c) and (d) revised.....................................1678
    (b) through (e) revised; technical correction; (b)(1) and (c) 
amended............................................................18816
    (e) table amended................................55751, 56174, 75477

                                  2005

40 CFR
                                                                   70 FR
                                                                    Page
Chapter I
52 Technical correction................41963, 55212, 55663, 70047, 72597
State implementation plan determinations....................21147, 53935
    State implementation plan determinations; interim.......46772, 68337
    Reconsideration notice.........................................33838
52.21 (b)(2)(iii)(h)(1) and (2) correctly removed; CFR correction 
                                                                   36036
    (b)(1)(ii), (2)(ii) and (50)(i) revised; (b)(23)(i) and 
(i)(5)(i) Footnote 1 amended.......................................71704
52.24 Revised......................................................71704
52.50 (c) table amended............................................76697
52.120 (c)(78)(i)(B) added..........................................7040
    (c)(118) and (119) added.......................................11557
    (c)(120) added.................................................11884
    (c)(122) added.................................................30373
    (c)(121) added; eff. 7-14-05...................................34358
    (c) (123), (124) and (125) added...............................34369
    (c)(118) revised...............................................52928
52.122 (a)(1)(ii) added.............................................7041
52.220 (c)(321)(i)(C)(2), (3) and (328)(i)(A)(2) added..............8518
    (c)(254)(i)(E)(3) added.........................................8520
    (c)(120)(i)(C), (3), (331)(i)(B) and (332)(i)(A)(2) added.......8523
    (c)(6)(vi)(E) and (334) added..................................11125
    (c)(335) added.................................................21153
    (c)(331)(i)(A)(2) and (332)(i)(A)(3) added; eff. 7-18-05.......28829
    (c)(311)(i)(A)(2) and (328)(i)(B)(2) added; eff. 8-30-05.......38025
    (c)(6)(xxiv)(B), (21)(xiii)(B), (177)(i)(A)(3), 
(332)(i)(B)(2), (3) and (335)(i)(C) added..........................46092
    (c)(328)(i)(C) and (336) added.................................46772
    (c)(338) added.................................................53935
    (c)(337) added.................................................53938
    (c)(335)(i)(A)(3) added........................................60010
    (c)(336)(i)(B) added...........................................61563
    (c)(333)(i)(A)(2), (339) and (340) added.......................69084
    (c)(336)(i)(C) and (D) added...................................70736
    (c)(341) added.................................................71787
52.320 (c)(99)(i)(B) revised; ; eff. 8-1-05........................38029
    (c)(105) added.................................................44055
    (c)(104) added.................................................48652
    (c)(107) added.................................................48654
    (c)(106) added.................................................61566
52.332 (o) added...................................................61566
52.349 (l) added...................................................48652

[[Page 903]]

52.350 Existing text redesignated as (a); (b) added................48654
52.370 (c)(96) added...............................................61387
52.378 Added.......................................................59663
52.385 Table amended...............................................61387
52.420 (c) table amended....................................41147, 65848
    Regulation at 70 FR 41147 withdrawn............................54640
52.470 (e) table amended....................................16963, 25717
    (c) table amended..............................................24969
    Table corrected................................................28988
    (b) and (c) revised............................................52920
52.519 Added........................................................5929
52.570 (c) table amended...........................................18993
    (c) table amended; eff. 7-8-05.................................24313
    (e) table amended................................34362, 34664, 50198
    (c) and (e) table amended......................................50202
52.620 Redesignated as 52.622; new 52.620 added....................44854
    (c) table corrected............................................49377
52.622 Redesignated from 52.620; heading and (a) revised...........44854
52.670 Redesignated as 52.677; heading and (a) revised; new 52.670 
        added.......................................................3481
52.670 (c) table amended....................................39661, 58312
52.677 Redesignated from 52.670.....................................3481
52.679 Removed......................................................3490
52.720 Regulation at 69 FR 65381 withdrawn..........................1824
52.725 (h) added...................................................55545
    (i) added......................................................55549
52.770 (c)(168) added...............................................9536
    (c)(169) added.................................................19003
    (c)(160) added.................................................42499
    (c)(172) added.................................................56131
    (c)(170) added.................................................60737
    (c)(171) added.................................................71001
52.777 (bb) added..................................................69097
    (cc) added.....................................................69454
    (ee) added.....................................................77042
52.795 (h) added...................................................56131
52.820 (c) table amended...............16129, 22602, 48077, 53941, 75402
52.919 Removed.....................................................49495
    Regulation at 70 FR 49495 withdrawn............................60742
52.920 Regulation at 69 FR 75477 withdrawn..........................5927
    (c) table, (d) table and (e) table amended.....................28435
    (c) table amended.......................................49495, 57761
    (e) table amended.......................................55558, 57761
    Regulation at 70 FR 49495 withdrawn............................60742
    Regulation at 70 FR 55558 withdrawn............................61232
52.970 (e) table amended...........................................48882

                                  2006

40 CFR
                                                                   71 FR
                                                                    Page
Chapter I
52 Technical correction................................1463, 3412, 35804
    State implementation plan determinations; interim........5174, 18626
    State implementation plan determinations..........6352, 13021, 19432
52.35 Added........................................................25373
52.36 Added........................................................25373
52.50 (c) table amended............................................12140
    (e) table amended..............................................27636
    (c) table amended; eff. 8-21-06................................35803
    (c) table correctly amended....................................43979
    (c) table amended..............................................59676
52.54 Added........................................................25373
52.55 Added........................................................25373
52.120 (c)(126), (127) and (128) added..............................9946
    (c)(129) added.................................................15044
    (c)(130) added.................................................18626
    (c)(131) added; eff. 7-17-06...................................28274
52.170 (b), (c) and (e) revised....................................13545
52.184 Added.......................................................25374
52.220 (c)(331)(i)(B)(2) added.......................................244
    (c)(321)(i)(D) added.............................................245
    (c)(337)(i)(B) and (c)(342) added...............................5174
    (c)(335)(i)(D) added............................................6352
    (c)(334)(i)(B) added............................................7688
    (c)(334)(i)(B)(2) added.........................................8462
    (c)(337)(i)(A)(2) added........................................14654
    (c)(342)(i)(B) and (C) added...................................18218
    (c)(342)(i)(A) removed.........................................18219
    (c)(311)(i)(A)(3) added; eff. 7-19-06..........................35158
    (c)(337)(i)(C), (342)(i)(C)(2) and (343) added.................51121
    (c)(342)(i)(A) and (1) added...................................63696
    (c)(344) added.................................................63698
    (c)(337)(i)(A)(3), (B)(2), (D) and (344)(i)(B) added...........65742
52.320 (c)(108) added...............................................3776
    (c)(109) added..................................................8961
    Regulation at 71 FR 3776 withdrawn.............................13019
    (c)(110) added.................................................14652
    52.320 (c)(108) added..........................................64468
52.329 (c) added....................................................8961
52.370 (c)(95) added...............................................51765
52.377 (e) added...................................................51765

[[Page 904]]

52.385 Table amended...............................................51765
52.386 Added.......................................................25374
52.420 (c) table amended...........................................70884
52.440 Added.......................................................25374
52.441 Added.......................................................25374
52.484 Added.......................................................25374
52.485 Added.......................................................25374
52.520 (d) table amended...........................................68745
52.540 Added.......................................................25374
52.541 Added.......................................................25374
52.570 (b) and (c) revised..........................................9931
    (c) table amended..............................................13555
    52.570 (e) table amended.......................................68743
52.670 (c) and (d) tables amended..................................39577
52.720 (c)(175) added..............................................52466
52.770 (c)(177) added..............................................63701
52.777 (ff) added..................................................51499
    Regulation at 71 FR 51499 withdrawn............................61687
52.820 (c) table amended....................................51119, 65416
52.584 Added.......................................................25374
52.585 Added.......................................................25374
52.745 Added.......................................................25374
52.746 Added.......................................................25374
52.770 (c)(171) removed.............................................4490
    (c)(171) added..................................................9938
    (c)(173) added.................................................14386
    (c)(175) added; eff. 7-24-06...................................29590
    (c)(176) added; eff. 8-11-06...................................33628
52.777 (dd) added....................................................544
52.789 Added.......................................................25374
52.790 Added.......................................................25374
52.820 (c) table amended.....................................9941, 16051
52.833 Revised.....................................................16053
52.840 Added.......................................................25375
52.841 Added.......................................................25375
52.870 (e) table amended; eff. 8-25-06.............................36215
52.920 (e) table amended............................................4049
    (d) table and (e) table amended; eff. 7-24-06..................29791
    52.920 (c) Table 1 amended..............................38992, 52464
52.940 Added.......................................................25375
52.941 Added.......................................................25375
52.970 (c) table amended....................................63250, 66115
52.984 Added.......................................................25375
52.985 Added.......................................................25375

                                  2007

40 CFR
                                                                   72 FR
                                                                    Page
Chapter I
52 State implementation plan determinations.................30704, 33400
    State implementation plan determinations; eff. 7-6-07..........31183
    Actions on petitions...........................................35354
52 Policy statement................................................64158
52.02 (d)(2)(iii), (iv), (vii) and (viii) revised..................38793
52.16 (b)(3), (4), (7) and (8) revised.............................38793
52.21 (b)(1)(i)(a), (iii) (t) and (i)(1)(vii)(t) revised; eff. 7-
        2-07.......................................................24078
    (a)(2)(iv)(e), (vi), (b)(2)(iii)(h), (3)(vi)(d), (32), (42), 
(x), (y) and (z) removed; (a)(2)(iv)(f) and (r)(6) introductory 
text revised.......................................................32528
    (r)(6) introductory text revised; (r)(6)(vi) added.............72617
52.35 Revised......................................................62343
52.36 Revised......................................................62343
52.50 (c) table amended............................................55663
52.54 Revised......................................................62344
52.55 Revised......................................................62344
52.70 (c)(36) added................................................45380
52.75 Removed......................................................45380
52.96 Revised......................................................45380
52.120 (c)(132) added...............................................3074
    (c)(133) and (134) added.......................................15049
    (c)(135) added; eff. 7-9-07....................................25975
    (c)(136) added.................................................41634
    (c)(84)(i)(L) and (107)(i)(A)(2) added.........................41900
    (c)(139) added.................................................43539
    (c)(137) and (138) added.......................................46566
52.170 (c) table amended....................................18396, 54561
52.184 Revised.....................................................62344
52.220 (c)(279)(i)(A)(12), (13) and (14) added........................11
    (c)(336)(i)(C)(2) and (342)(i)(C)(3) added.......................269
    (c)(187)(i)(B)(5) and (345) added................................659
    (c)(247)(i)(A)(6) and (346) added..............................26720
    (c)(344)(i)(C) and (347) added; eff. 7-30-07...................29889
    Regulation at 72 FR 29889 withdrawn in part; (c)(347)(i)(A)(1) 
revised............................................................41450
    (c)(345)(i)(B)(1) and (347)(i)(A)(1) added.....................41896
    (c)(345)(i)(A)(2) and (347)(i)(B) added........................49198
    (c)(347) redesignated as (c)(348); new (c)(348) introductory 
text revised.......................................................49204
    (c)(347)(i)(C) amended.........................................52793
    (c)(349) added.................................................58016

[[Page 905]]

    (c)(342)(i)(D) and (350) added.................................61528
    (c)(239)(i)(C)(3) and (4) added................................63109
    (c)(153)(vii)(C) and (278)(i)(A)(3) added......................64948
    (c)(351) added.................................................64158
52.242 (a)(5) added................................................63110
52.320 (c)(111) added..............................................46157
    (c)(112) added..................................................8197
52.332 (p) added...................................................62579
52.349 (m) and (n) added...........................................46157
52.379 Added.......................................................50063
52.386 Revised.....................................................62344
52.420 (b), (c) and (d) revised....................................15840
    (c) table amended.......................................52286, 53687
52.440 Revised.....................................................62344
52.441 Revised.....................................................62345
52.484 Revised.....................................................62345
52.485 Revised.....................................................62345
52.520 (c) table amended...........................................58020
52.530 (a) and (b) revised eff. 7-24-07............................29276
    Regulation at 72 FR 29276 withdrawn............................35355
52.540 Revised.....................................................62346
52.541 Revised.....................................................62346
52.570 (e) table correctly amended.................................28868
    (c) table amended; eff. 7-23-07................................29077
    (e) table amended.......................................53435, 58541
    (c) table amended.......................................57206, 69150
52.584 Revised.....................................................62346
52.585 Revised.....................................................62346
52.670 (e) table amended; eff. 8-27-07.............................35018
    Regulation at 72 FR 35018 withdrawn............................46157
52.720 (c)(176) added..............................................13710
    (c)(177) added.................................................21119
    (c)(178) added.................................................58534
    (c)(179) added.................................................70807
52.745 Revised.....................................................62346
52.746 Revised.....................................................62347
52.770 (c)(91) and (166) removed; (c)(178) added...................14681
    (c)(179) added; eff. 7-13-07...................................32533
    (c)(181) added; eff. 7-18-07...................................33397
    (c)(180) added.................................................41452
    (c)(182) added.................................................52288
    (c)(184) added.................................................55666
    (c)(185) added.................................................59487
    Regulation at 72 FR 52288 withdrawn............................61806
52.777 (ff) added...................................................1295
    (ii) added.....................................................39573
    (gg) added.....................................................39576
    (hh) added.....................................................39579
    (jj) added.....................................................59212
52.789 Revised.....................................................62347
52.790 Revised.....................................................62347
52.820 (e) table amended...........................................10382
    (c) table amended..............................................27058
    (c) table amended; eff. 7-30-07................................30277
    (c) table amended; eff. 8-27-07................................35020
    (e) table amended..............................................41903
    (c) table amended.......................................43543, 58537
52.840 Revised.....................................................62347
52.841 Revised.....................................................62348
52.870 (e) table amended...........................................10610
    (c) table amended..............................................29431
    (e) table amended..............................................44784
52.920 (e) table amended....................................36604, 43175
    (c) Table 1 amended..............................52284, 56628, 58762
    (e) table correctly amended....................................48559
52.940 Revised.....................................................62348
52.941 Revised.....................................................62348
52.970 (c) table amended....................................39745, 55067
    (e) table amended................................39745, 55067, 62584
52.975 (h) added...................................................62584
52.984 Revised.....................................................62348
52.985 Revised.....................................................62349

                                  2008

40 CFR
                                                                   73 FR
                                                                    Page
Chapter I
52 Technical correction...............................2162, 11560, 33696
    Policy statement........................................47542, 80300
    State implementation plan determinations........14687, 15416, 16205, 
                                                            62902, 79653
    Dispute resolution......................................23107, 23111
    Actions on petitions....................................23959, 24174
52.21 (b)(23)(i), (50)(i) and (i)(5)(ii) revised; (b)(50)(iii) 
        amended; (b)(50)(vi), (i)(1)(xi) and (5)(iii) added; eff. 
        7-15-08....................................................28349
    (a)(2)(iv)(b), (b)(20), (41)(ii)(b), (d), (48)(i)(a), (ii)(a), 
(iii), (iv), (r)(6)(iii), (iv) and (aa)(4)(i)(d) revised; 
(b)(2)(v), (3)(iii)(c) added; (b)(3)(iii)(b) amended; (i)(1)(vii) 
removed............................................................77900
52.50 (c) table amended..............................23958, 53136, 60963
52.54 Removed......................................................22822
52.55 Removed......................................................22822
52.97 Added........................................................60957
    Heading corrected..............................................75600
52.120 (c)(140) added...............................................3404
52.184 Removed.....................................................22822

[[Page 906]]

52.220 (c)(351)(i)(B)(2), (3) and (C) added...........................51
    (c)(350)(i)(C) and (352) added..................................1822
    (c)(351)(i)(D) added............................................3194
    (c)(342)(i)(C)(4) and (348) added..............................12640
    (c)(351)(i)(C) removed.........................................13441
    (c)(353) added.................................................17897
    (c)(255)(i)(A)(6) added; eff. 8-5-08...........................32241
    (c)(354) added.................................................38124
    (b)(7)(iii), (c)(26)(ix)(D), (27)(vii)(F), (93)(iii)(E), 
(iv)(F), (246)(i)(A)(4) and (5) added..............................39240
    (c)(347)(i)(D) and (350)(i)(B)(2) added........................40756
    (c)(355) added.................................................41283
    (c)(344)(i)(D) added...........................................44156
    (c)(344)(i)(A)(2), (3) and (4) added...........................51226
    (c)(197)(i)(C)(6), (241)(i)(A)(6) and (345)(i)(C) added........63384
    (c)(356) and (357) added.......................................66773
    (c)(332)(i)(A)(4), (337)(i)(B)(3), (350)(i)(D)(1) and 
(354)(i)(B)(1) added...............................................70885
    (c)(354)(i)(A)(4) added........................................74029
    (c)(239)(i)(C)(5) and (345)(i)(D) added........................74031
    (c)(358) added.................................................76948
52.229 (c) correctly amended; CFR correction.......................34874
52.320 (c)(113) added..............................................45882
52.370 (c)(80)(i)(B) revised; (c)(86)(iii) and (c)(97) added........4109
    (c)(98) added..................................................74026
52.385 Table amended.........................................4109, 74026
52.386 Removed.....................................................22822
52.387 Added.......................................................25518
52.420 (c) table amended....................................21540, 23102
    (e) table amended..............................................42682
    (c) table amended.......................................50725, 66555
52.426 (f) added...................................................43361
52.476 (d) added...................................................43361
52.519 Revised; eff. 7-28-08.......................................36438
52.520 (c) table amended; eff. 7-28-08.............................36438
    (c) table amended..............................................53382
    Regulation at 73 FR 53382 withdrawn............................63639
52.530 (a) revised; eff. 7-28-08...................................36439
52.540 Removed.....................................................22822
52.541 Removed.....................................................22822
52.570 (e) table amended............................................9210
    (c) table amended; eff. 7-7-08.................................24502
52.584 Removed.....................................................22822
52.585 Removed.....................................................22822
52.670 (c) table and (e) table amended.............................44919
52.720 (c)(180) added...............................................5439
    Regulation at 73 FR 5439 withdrawn.............................11042
    (c)(180) added.................................................38330
    (c)(181) added.................................................40750
    (c)(182) added.................................................45160
    (c)(183) added.................................................64215
    (c)(171) added.................................................66559
52.726 (gg) added..................................................79653
52.745 Removed.....................................................22822
52.746 Removed.....................................................22822
52.770 (c)(183) added...............................................2431
    (c)(182) added..................................................9202
    (c)(186) added.................................................14391
    (c)(187) added.................................................23359
    (c)(188) added.................................................45162
52.777 (kk) added..................................................79653
52.820 (e) table amended...........................................11557
    (c) table amended.......................................20179, 49954
52.840 Removed.....................................................22822
52.841 Removed.....................................................22823
52.870 (c) table amended............................................7471
52.920 (d) table amended...........................................23107
52.940 Removed.....................................................22823
52.941 Removed.....................................................22823
52.970 (e) table amended.............................15415, 53377, 59522
52.975 (i) added...................................................15416
    (k) added......................................................53378
    (j) added......................................................59523
52.985 Removed.....................................................22823

                                  2009

40 CFR
                                                                   74 FR
                                                                    Page
Chapter I
52 Policy statement..........................................2376, 10488
    State implementation plan determinations...2392, 3442, 21550, 41340, 
                                                            48662, 62251
    Reconsideration petition........................................7193
    Regulation at 74 FR 2376 eff. date delayed to 5-18-09...........7284
    Regulation at 74 FR 2376 eff. date delayed to 5-18-10..........22693
    Actions on petitions............................................7820
52.21 (i)(1)(xi) stayed to 9-1-09..................................26099
    (i)(1)(xi) stayed to 6-22-10...................................48156
    (a)(2)(iv)(b), (b)(2)(v), (3)(iii)(b), (c), (b)(20), 
(41)(ii)(b), (d), (48)(i)(a), (ii)(a), (iii), (iv), (r)(6)(iii), 
(iv) and (aa)(4)(1)(d) stayed; (i)(l)(vii) added; eff. through 12-
30-09..............................................................50117

[[Page 907]]

    (a)(2)(iv)(b), (b)(2)(v), (3)(iii)(b), (c), (b)(20), 
(41)(ii)(b), (d), (48)(i)(a), (ii)(a), (iii), (iv), (r)(6)(iii), 
(iv) and (aa)(4)(1)(d) stayed; (i)(l)(vii) added; eff. through 3-
31-10..............................................................65695
52.35 (d)(1) and (2) amended.......................................48862
    (e) added......................................................56726
52.36 (c) amended..................................................48863
    (d) added......................................................56726
52.50 (b), (c) and (e) revised.....................................11484
    (e) table amended..............................................13122
    (d) table amended..............................................37948
    (c) table correctly amended....................................48386
52.60 (a) revised..................................................55143
52.120 (c)(38)(i)(A) revised; (c)(38)(i)(A)(1) and (50)(ii)(A)(1) 
        added...............................................51798, 57053
    (c)(142) added.................................................52696
    Regulation at 74 FR 51798 withdrawn............................57048
    (c)(140)((i)(B) and (141) added................................57614
    (c)(141)(i)(B)(2) added........................................58554
    (c)(143) and (144) added.......................................67821
52.170 (c) table amended; (e) table added...........................2386
52.220 (c)(339) introductory text revised; (c)(339)(ii) added......10182
    (c)(358)(i)(B) added...........................................18149
    (c)(360) added.................................................18997
    (c)(361) added; eff. 7-6-09....................................20874
    (c)(359)(i)(A)(3), (4) and (5) added; eff. 7-6-09..............20877
    (c)(359) added; eff. 7-6-09....................................20880
    (c)(354)(i)(C) and (359)(i)(B) added; eff. 7-6-09..............20882
    (c)(362)(i)(A)(1) added; eff. 8-3-09...........................26527
    (c)(354)(i)(D) and (359)(i)(C) added; eff. 8-10-09.............27716
    (c)(359)(i)(B)(2) and (D) added; eff. 8-10-09..................27718
    (c)(354)(i)(E) added...........................................37949
    (c)(244)(i)(C)(2), (335)(i)(E) and (350)(i)(A)(2) added........40753
    (c)(363) added.................................................44294
    (c)(361)(i)(B) added...........................................44296
    (c)(354)(i)(F) added...........................................52429
    (c)(354)(i)(E)(3), (4), (363)(i)(A)(2) and (364) added.........52895
    (c)(354)(i)(E)(5) added........................................53889
    (c)(354)(i)(E)(6), (7), (8) and (G) added......................56121
    (c)(365) added.................................................57075
    (c)(364)(i)(A)(2), (B) and (366) added.........................57908
    (c)(367) added.................................................66921
    (c)(362)(i)(B) and (366)(i)(B) added...........................67823
52.282 Added; eff. 7-27-09.........................................25156
    (c) added......................................................63310
    (b) added......................................................66921
52.321 Introductory text revised...................................47891
52.420 (b) through (e) revised.....................................17772
    (c) table amended..............................................51794
52.470 (b) and (c) revised.........................................11665
    (e) table amended; eff. 7-16-09................................28448
52.477 Added........................................................1148
52.520 (c) table amended...........................................26106
52.530 (c) revised.................................................55143
52.570 (c) table amended...........................................17785
    (c) table amended; eff. 8-10-09................................27713
    (c) table amended..............................................62251
52.581 (a) revised.................................................55143
52.620 (c) table amended...........................................11040
    (e) added......................................................27710
    (b) and (c) revised............................................36119
52.622 (a) and (b)(1) revised; (c)(4)(i), (5)(i) and (15)(i) added
                                                                   11040
52.720 (c)(184) added; eff. 8-25-09................................30469
52.725 (j) added...................................................62249
52.770 (c)(190) added; eff. 7-6-09.................................20601
    (c)(176) revised; eff. 7-10-09.................................27444
    Regulation at 74 FR 20601 withdrawn............................28616
    (c)(189) added.................................................51241
    (c)(190) added.................................................57907
    (c)(192) added..........................................60199, 68543
52.776 (s)Technical correction.....................................62249
52.785 (c) added...................................................52893
52.797 (e) added...................................................48662
52.820 (b) through (e) revised.....................................37557
    (c) table amended..............................................68695
52.870 (b) through (e) revised.....................................15857
52.920 (e) table amended...........................................12572
    Regulation at 74 FR 12572 withdrawn............................20601
    (c) Table 1 amended............................................54757
    (d) table amended..............................................62501
52.931 (d) added...................................................55143
52.970 (e) table amended...........................................45563

[[Page 908]]

                                  2010

40 CFR
                                                                   75 FR
                                                                    Page
Chapter I
52 State implementation plan determinations....232, 27944, 32673, 45057, 
                  51949, 55977, 62323, 69883, 69889, 71548, 77698, 81874
    Actions on petitions....................................10415, 39633
    Regulation at 74 FR 2376 eff. date delayed indefinitely........27643
52.21 (a)(2)(iv)(b), (b)(2)(v), (3)(iii)(b), (c), (20), 
        (41)(ii)(b), (d), (48)(i)(a), (ii)(a), (iii), (iv), 
        (r)(6)(iii), (iv) and (aa)(iv)(i)(d) stayed through 10-3-
        11.........................................................16016
    (i)(1)(vii) added; eff. through 10-3-11........................16017
    (b)(49) and (50)(v) added; (b)(50)(iv) revised; eff. 8-2-10....31606
    (b)(14)(i)(a), (ii)(a), (iii)(a), (15)(i), (ii) introductory 
text, (c) table, (i)(5)(i), (k) and (p)(2) table revised; 
(b)(14)(i)(b), (ii)(b), (i)(9), (10) and (p)(5) introductory text 
amended; (b)(14)(i)(c) and (ii)(c) added;..........................64905
52.22 Added; eff. 8-2-10...........................................31607
52.35 (d)(1) and (2) amended.......................................72962
52.36 (c) amended..................................................72962
52.37 Added........................................................82254
52.50 (c) table amended.....................................57392, 81867
52.53 Revised......................................................82551
52.62 (a) added....................................................57187
52.70 (c)(37) added................................................13440
52.120 (c)(145) added..............................................17308
    (c)(141)(i)(B)(3) added........................................44142
    (c)(146) and (147) added.......................................78168
52.151 Added.......................................................82266
52.170 (e) table amended...........................................14080
52.220 (c)(345)(i)(C)(2) and (350)(i)(E) added......................1285
    (c)(363)(i)(A)(3) and (4) added.................................1716
    (c)(303)(i)(C)(4) added.........................................1723
    (c)(368) added..................................................2085
    (c)(354)(i)(E)(9), (10) and (364)(i)(A)(3) added................2800
    (c)(350)(i)(C)(2), (354)(i)(E)(11) and (12) added...............4000
    (c)(317)(i)(B), (339)(i)(B), (ii)(C), (348)(i)(A)(2), (369), 
(370) and (371) added..............................................10437
    (c)(351)(i)(C) added...........................................10692
    (c)(362)(i)(C) and (377) added.................................18070
    (c)(354)(i)(E)(13), (359)(i)(C)(2), (377)(i)(A)(2) and (378) 
added (eff. 7-6-10)................................................24408
    (c)(362)(i)(D)(1) added........................................24409
    (c)(377)(i)(B) added; eff. 7-9-10..............................25780
    (c)(354)(i)(E)(14), (363)(i)(A)(5) and (6) added...............26113
    (c)(204)(i)(A)(7), (374), (375) and (376) added................26660
    (b)(12)(i) revised.............................................27943
    (c)(268)(i)(A)(2) and (3) added; eff. 8-9-10...................32295
    (c)(363)(i)(C) added; eff. 7-29-10.............................37309
    (c)(234)(i)(A)(2), (3), (372) and (373) added, eff. 8-2-10.....38025
    (c)(345)(i)(E) added...........................................39390
    (c)(377)(i)(A)(3) and (379) added..............................40728
    (c)(379)(i)(A)(3) and (4) added................................46847
    (c)(380) added.................................................54033
    (c)(379)(i)(B) added...........................................56891
    (c)(52)(i)(D), (iv)(G), (vii)(D), (71)(i)(B), (75)(iv), 
(351)(i)(C)(3) and (4) added; (c)(71)(i)(A) revised................57863
    (c)(347)(i)(A)(2) added........................................60632
    (c)(351)(i)(A)(2) added........................................69004
52.223 (f), (g) and (h) added......................................82552
52.232 (a)(5)(i) revised; (a)(6), (10) and (11) removed............26113
52.241 Revised, eff. 8-2-10........................................38026
52.242 (a)(1)(iii) added...........................................25778
    (a)(6) added; eff, 7-30-10.....................................37730
52.320 (c)(114) revised; eff. 7-9-10...............................25775
52.323 Revised.....................................................82553
52.352 Added; eff. 7-6-10..........................................31317
    Revised........................................................71033
52.377 (f) added...................................................53220
52.379 Introductory text redesignated as (a); (b) added............69591
52.420 (c) table amended....................................12451, 17864
    (c) table amended; eff. 7-6-10.................................31712
    Table corrected................................................32858
    (c) table revised..............................................48569
    (c) table amended.......................................64675, 77760
52.423 Heading revised; (b) added..................................17865
52.426 (g) and (h) added...........................................17865
52.470 (c) table amended; eff. 7-27-10.............................29896
52.520 (e) table amended; eff. 7-26-10.............................29677
52.570 (b) through (e) revised......................................6114
    (c) table amended...............................................6313
    (c) table correctly amended....................................52471
    (c) table amended.......................................71022, 74628
52.572 Revised.....................................................82554
52.670 (e) table amended...........................................72718
    (c) table amended..............................................72724
52.720 (c)(185) correctly added....................................14077

[[Page 909]]

    (c)(186) added.................................................67624
52.726 (hh) added..................................................64952
52.738 (c) revised.................................................55275
52.740 (c)(185) added...............................................9105
52.770 (c)(192) correctly redesignated as (c)(191)..................5515
    (c)(193) added..................................................8248
    (c)(194) added.................................................18760
    (c)(195) added.................................................24405
    Redesignated as 52.800; new 52.770 added.......................58307
    (c) table amended................................72962, 20848, 20852
52.773 (k) added...................................................82554
52.777 (ll) and (mm) added.........................................12089
    (pp) and (qq) added............................................26117
    (nn) and (oo) added............................................26119
52.781 (g) added...................................................72965
52.789 Removed.....................................................72963
52.790 Removed.....................................................72963
52.793 (c) revised.................................................55275
52.799 Added.......................................................50711
52.800 Redesignated from 52.770; heading and (a) revised...........58307
52.820 (c) table amended...........................................10184
    (c) table amended..............................................38747
52.822 (b) added...................................................82555
52.920 (c) Table 1 amended...................................2444, 20782
    (e) table amended.......................................47222, 52470
    (c) Table 1 amended.....................................55991, 81873
52.977 Added........................................................6575
    Existing text designated as (a); (b) added.....................54779
52.986 (c) added...................................................82555

                                  2011

40 CFR
                                                                   76 FR
                                                                    Page
Chapter I
52 State implementation plan determinations....2591, 8300, 17343, 21639, 
           21807, 28661, 31241, 41424, 43143, 43153, 43156, 43180, 55577
    Technical correction....................................43149, 43175
    State implementation plan determinations; interim......45199, 56114, 
                                                     56116, 59254, 76046
    Actions on petitions...........................................55799
52.02 (d)(2)(i) revised............................................49671
52.16 (b)(1) revised...............................................49671
52.21 (a)(2)(iv)(b), (b)(2)(v), (3)(iii)(b), (c), (20), 
        (41)(ii)(b), (d), (48)(i)(a), (ii)(a), (iii), (iv), 
        (r)(6)(iii), (iv) and (aa)(4)(i)(d) stay lifted; 
        (a)(2)(iv)(b), (b)(3)(iii)(b), (20), (41)(ii)(b), (d), 
        (48)(i)(a), (ii)(a), (iii), (iv), (r)(6)(iii), (iv) and 
        (aa)(4)(i)(d) revised; temporary (i)(1)(vii) removed; new 
        (i)(1)(vii) added; (b)(2)(v) and (3)(iii)(c) stayed; 
        interim....................................................17555
    Regulation at 76 FR 17555 comment period extended..............23489
    (i)(1)(xi) removed; eff. 7-18-11...............................28661
    (b)(49)(ii)(a) revised.........................................43507
52.35 (f) added....................................................48353
52.36 (e) added....................................................48354
52.37 (b)(6) revised; (b)(7) added..................................2589
    (b)(5) removed..................................................9664
52.38 Added........................................................48354
    (b)(2), (3)(v)(A) and (B) amended..............................80774
52.39 Added........................................................48354
52.50 (c) table amended............................................18893
    (e) table amended..............................................41111
52.53 Revised.......................................................5274
52.54 Added........................................................48361
52.55 Added........................................................48361
52.62 (b) added....................................................31241
    (c) added; eff. 7-29-11........................................38024
    (d) added......................................................43136
52.64 Added........................................................55775
52.70 (c)(38) added.................................................7117
52.96 (a) revised...................................................7117
52.184 Added.......................................................48361
52.220 (c)(379)(i)(C) added.........................................5277
    (c)(359)(i)(C)(3), (363)(i)(B)(2), (366)(i)(C) and (377)(i)(C) 
added...............................................................5280
    (c)(381) added.................................................12283
    (c)(363)(i)(A)(7) added........................................16697
    (c)(345)(i)(D) correctly added; CFR correction.................17347
    (c)(382) added.................................................20243
    (c)(384) added.................................................22044
    (c)(385) added; eff. 7-5-11....................................26194
    (c)(348)(i)(A)(3) added........................................26615
    (c)(351)(i)(A)(3) and (4) added................................26616
    (c)(383) added.................................................27614
    (c)(378)(i)(B) and (C) added; eff. 7-25-11.....................30027
    (c)(359)(i)(E)(1) and (361)(i)(A)(2) added.....................31244
    (c)(386) and (387) added; eff. 7-14-11.........................34611

[[Page 910]]

    (c)(386)(ii)(A)(3) added; eff. 7-15-11.........................34876
    (c)(381)(i)(A)(2), (B)(2) and (C)(2) added.....................39305
    (c)(351)(i)(C)(5) and (6) added................................39782
    (c)(388) added.................................................41719
    (c)(389) and (390) added.......................................43185
    (c)(366)(i)(B)(3), (377)(i)(A)(4), (378)(i)(A)(2) and 
(381)(i)(D) added..................................................44495
    (c)(381)(i)(E) and (F) added...................................44811
    (c)(388)(i)(A)(3) added........................................47076
    (c)(379)(i)(C)(2) added........................................47077
    (c)(386)(ii)(A)(4) added.......................................48006
    (c)(388)(i)(A)(4) added........................................50129
    (c)(354)(i)(A)(5) added........................................50893
    (c)(388)(i)(B) added...........................................53641
    Regulation at 76 FR 41719 withdrawn............................54384
    (c)(364)(i)(C) added...........................................55582
    (c)(378)(i)(A)(3), (388)(i)(A)(5), (C) and (D) added...........60378
    (c)(377)(i)(A)(5), (378)(i)(C)(2) and (389)(i)(B) added........61059
    (c)(363)(i)(D), (388)(i)(D)(2), (389)(i)(B)(2) and (3) added 
                                                                   67368
    (c)(379)(i)(C)(3), (4), (c)(381)(i)(A)(3) and (4) added........67370
    (c)(379)(i)(C)(5) added........................................68106
    (c)(378)(i)(D) added...........................................68107
    (c)(379)(i)(C)(6) added........................................69136
    (c)(356)(ii)(B) and (392) through (396) added..................69926
    (c)(397) through (401) added...................................69954
    (c)(402) added.................................................70887
    (c)(388)(i)(A) added...........................................70890
    (c)(388)(i)(D)(3) and (E) added................................71888
    (c)(388)(i)(E)(3) and (4) added................................75797
    (c)(404) added.................................................78831
52.222 (a)(1)(v) and (vi) added; eff. 7-19-11......................29155
    (a)(6)(vii) and (viii) added; eff. 8-30-11.....................38575
    (a)(6)(vii) and (viii) added; eff. 8-30-11.....................38575
52.270 (b)(2)(iv) added............................................48008
52.281 (f) added; eff. 7-14-11.....................................34611
52.282 (d) added...................................................82146
52.283 Added; eff. 7-14-11.........................................34611
    (a)(2) added; eff. 7-15-11.....................................34876
    (a)(3) added...................................................48006
52.320 (c)(115) added...............................................4541
    (c)(116) added..................................................6334
    (c)(72)(i)(G) and (117) added..................................47450
    (c)(72)(i)(F) and (119) added..................................61056
52.329 (d) added...................................................51905
    (e) added......................................................61056
52.350 (c) added...................................................47451
52.352 Revised.....................................................22038
52.353 Added.......................................................43912
52.370 (c)(99) added...............................................26938
52.377 (g) and (h) added...........................................40256
52.420 (b) revised; (c) table amended..............................24374
    (e) table amended................................42558, 47074, 53639
    (c) table amended................................58122, 72627, 79539
52.440 (c) added...................................................48362
52.441 Existing text designated as (a); (b) added..................48362
52.470 (b) revised; (c) and (e) amended.............................9653
    (e) table amended..............................................20238
    (e) table amended..............................................58118
52.474 Heading revised; (d) added..................................58118
52.476 (e) and (f) added...........................................58118
52.484 (c) added...................................................48362
52.485 Existing text designated as (a); (b) added..................48362
52.519 Removed.....................................................20241
52.520 (c) table amended...........................................20241
52.540 Added.......................................................48362
52.570 (c) table amended...........................................55576
52.572 Revised.....................................................55577
52.577 Added.......................................................55775
    (c) added......................................................55777
52.578 (a) and (b) added...........................................18651
    (b) added......................................................31241
    (c) added; eff. 7-5-11.........................................31859
    (d) added......................................................43167
    (e) added......................................................76622
52.582 (d) added; eff. 7-25-11.....................................36875
52.584 Added.......................................................48363
52.585 Added.......................................................48363
52.670 (c) table amended; eff. 7-11-11.............................33653
    (d) table and (e) table amended; eff. 7-22-11..................36338
52.672 (g) added; eff. 7-22-11.....................................36339
52.720 (c)(187) added..............................................23198
    (c)(188) added; eff. 8-26-11...................................37274
52.725 (k) added...................................................29656
52.726 (ii) added...................................................9656
    (jj) added; eff. 7-11-11.......................................33650
    (jj) correctly added...........................................40263
52.745 Added................................................41084, 48363
52.746 Added.......................................................48364
52.770 (c) table amended; eff. 7-12-11.............................27905
    (c) table amended................................40244, 59901, 63551
    (e) table amended..............................................41084
52.773 (k) removed.................................................59901

[[Page 911]]

52.774 Added.......................................................55545
    Existing text designated as (a); (b) added.....................60375
52.776 (t) added...................................................12862
    (u) added......................................................43180
    (v)(2) and (w)(2) added........................................59526
    (v) and (w) added..............................................59532
    (x) added......................................................60375
    (v)(3) and (w)(3) added........................................64837
    Regulation at 76 FR 59526 withdrawn............................70361
    Regulation at 76 FR 64837 withdrawn............................76048
    (v)(4) and (w)(4) added........................................76304
    (v)(3) and (w)(3) added........................................80260
52.777 (rr) added..................................................23881
52.789 Added.......................................................48364
52.790 Added.......................................................48364
52.820 (c) table amended...........................................67069
52.822 (b) removed.................................................67070
52.840 Added.......................................................48364
    (b) added......................................................80774
52.841 Added.......................................................48365
52.870 (c) table amended............................................9664
    (e) table amended..............................................40628
    (d) table and (e) table amended................................80759
52.882 Added.......................................................48365
52.883 Added.......................................................48365
52.920 (e) table amended...........................................20866
    (e) table amended.......................................41099, 77908
52.929 Added.......................................................55543
    (b) added......................................................55546
    (c) added......................................................60375
52.933 Existing text designated as (a); (b) added..................12862
    (c) added......................................................43143
    (d) added......................................................55543
    (e) added......................................................60376
52.936 Removed.....................................................78164
52.940 Added.......................................................48365
52.941 Added.......................................................48366
52.970 (c) table amended....................................38980, 75469
    (c) table and (e) table amended.........................42556, 74002
52.977 (c) added...................................................39777
    (d) added......................................................74002
52.984 (c) and (d) added...........................................48366

                                  2012

   (Regulations published from January 1, 2012, through July 1, 2012)

40 CFR
                                                                   77 FR
                                                                    Page
Chapter I
52 Technical correction.......................................745, 23130
    State implementation plan determinations........................5710
    Actions on petitions...........................................11741
    State implementation plan determinations; interim..............24857
52.39 (i)(1)(ii) amended...........................................10334
52.50 (e) table amended.............................................6470
    (c) table amended..............................................23622
    (e) table amended; eff. 7-30-12................................38522
52.61 (a) revised; (c) added; eff. 8-6-12..........................33656
    (a) removed; eff. 8-7-12.......................................38523
52.73 (a)(1)(ii) added..............................................1417
52.120 (c)(84)(i)(M) added.........................................22678
    (c)(69)(i)(A) revised; (c)(148) added; eff. 7-13-12............35285
    (c)(149) added; eff. 7-13-12...................................35287
52.170 (c) table and (e) table amended.............................14675
52.173 Added.......................................................14676
52.220 (c)(388)(i)(B)(2) through (5) added...........................217
    (c)(407) added..................................................1427
    (c)(351)(i)(C)(7) and (388)(i)(B)(5) added......................2233
    (c)(381)(i)(A)(5) and (G) added.................................2472
    (c)(379)(i)(D) added............................................2646
    (c)(405) added..................................................5710
    (c)(406) added..................................................7536
    (c)(388)(i)(B)(2) and (3) added.................................7537
    (c)(378)(i)(E) added...........................................12495
    (c)(381)(i)(G)(2) and (H) added 12497...............................
    (c)(356)(ii)(B)(4), (396)(ii)(A)(1)(i), (2)(i), 
(397)(ii)(A)(4), (B) and (408) added...............................12672
    (c)(397)(ii)(A)(5), (398)(ii)(A)(3), (401)(ii)(A)(1)(i) and 
(2)(i) added.......................................................12695
    (c)(364)(i)(B)(2) and (379)(i)(A)(5) added.....................13496
    (c)(409) and (410) added.......................................20314
    (b)(11)(ii), (c)(21)(xiv)(D) and (381)(i)(I) added.............23135
    (c)(88)(iii)(C) and (391) added; eff. 7-3-12...................26450
    (c)(403) added.................................................31215
    (c)(362)(i)(B)(2) added; eff. 7-31-12..........................32400
52.222 (a)(6)(ix) and (8) added....................................12493
    (a)(2)(ii) and (9) added.......................................23132

[[Page 912]]

52.320 (c)(120) added...............................................1038
    (c)(121) added..................................................2469
    (c)(123) added.................................................21452
    (c)(122) added.................................................21471
52.352 Revised......................................................1039
52.353 Revised.....................................................21452
52.377 (i) added...................................................15608
    (j) and (k) added; eff. 7-18-12................................36169
52.420 (c) table amended....................................22225, 28490
52.425 Added.................................................3151, 17343
    Regulation at 77 FR 3151 withdrawn.............................14697
    Existing text designated as (a); (b) added.....................28784
52.426 (i) added...................................................17343
52.427 Added.................................................3151, 28784
    Regulation at 77 FR 3151 withdrawn.............................14697
52.470 (e) table amended............................................5192
52.475 Added........................................................1413
    Existing text designated as (a); (b) added.....................11741
52.476 (g) added...................................................11741
52.520 (c) table amended; eff. 7-16-12.............................35865
52.570 (e) table amended....1876, 5708, 6470, 12490, 12727, 24399, 24402
    (c) table and (e) table amended; eff. 8-14-12..................35869
    (e) table amended; eff. 7-30-12................................38509
52.577 (d) added...................................................13492
52.580 Added; eff. 8-6-12..........................................33656
52.581 Revised.....................................................23398
52.620 (c) table amended....................................24150, 25086
52.719 Added; eff. 7-9-12..........................................33661
52.720 (c)(189) added..............................................16941
    (c)(190) added..........................................22500, 23625
    Regulation at 77 FR 22500 withdrawn............................31728
    (c)(191) added; eff. 7-9-12....................................33661
52.725 (k) revised; eff. 7-27-12...................................38184
52.726 (kk) added..................................................25366
    (ll) and (mm) added............................................34829
52.731 Redesignated from 52.745....................................10334
52.732 Redesignated from 52.746....................................10334
52.745 Redesignated as 52.731......................................10334
52.746 Redesignated as 52.732......................................10334
52.770 (c) table amended...........................................12484